HomeMy WebLinkAboutCCMP 3-15-22 Full
NOTICE OF MEETING
City Council Meeting
Tuesday, March 15, 2022 7:00 P.M.
City of Lake Elmo | 3800 Laverne Avenue North
AGENDA
A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes
1. March 1, 2022
D. Public Comments/Inquiries
E. Presentations F. Consent Agenda
2. Approve Payment of Disbursements and Payroll
3. Approve Redistricting Resolution – Resolution 2022-028
4. Approve Resolution of Support - Manning Ave (CSAH15) and 30th St. Intersection Improvements –
Resolution 2022-024
5. Authorize Engineering Services for Well No. 1 Abandonment and Pumphouse Demolition
6. Approve Change Order No. 1 for Whistling Valley Street and Utility Improvements
7. Approve UPRR Drainage Encroachment Agreement and Fee for the Old Village Phase 5 and 6
Improvements
8. Accept 4th Quarter 2021 Financials
9. Approve Step Increase for Planning Director
10. Approve Fire Relief Bylaws
11. Approve Hire of Firefighters
12. Approve Promotion of 3 Probationary Firefighters
13. Approve National Night Out Special Event Permit
14. Approve 2022 Labor Agreement with Local 49ers
15. Approve Cable Caster Agreement
16. Approve Wildflower 4th Addition Final Plat Time Extension
G. Regular Agenda
17. Public Improvement Hearing. Council orders the Improvement for the Parkview-Cardinal Neighborhood
Street and Utility Improvements – Resolution 2022-025
18. One Energy Solar Conditional Use Permit for the construction and operation of a solar farm on the property
located at 10755 50th Street N (PID#1102921110003) – Resolution 2022-026
19. Well 4 Repairs
20. 2023 Budget Calendar
21. Resolution Supporting Legislative Efforts to Ensure a Sustainable, Safe and Reliable Water Supply-
Resolution 2022-027
H. Council Reports
I. Staff Reports J. Adjourn
Our Mission is to Provide Quality Public Services in a
Fiscally Responsible Manner in Partnership with our Community.
CITY OF LAKE ELMO CITY COUNCIL MINUTES
MARCH 1, 2022
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Cadenhead called the meeting to order at 7:00 pm. PRESENT: Mayor Charles Cadenhead and Councilmembers Dale Dorschner, Jeff Holtz and Lisa
McGinn. ABSENT: Councilmember Katrina Beckstrom. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Assistant Administrator Dickson, Finance Director Magureanu, Sergeant Erickson and City Clerk Johnson. APPROVAL OF AGENDA
Councilmember Dorschner, seconded by Councilmember McGinn, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 4 – 0. ACCEPT MINUTES
Councilmember Dorschner, seconded by Councilmember Holtz, moved TO ACCEPT THE MINUTES OF THE FEBRUARY 15, 2022 CITY COUNCIL MEETING AS PRESENTED. Motion passed 4 – 0.
PUBLIC COMMENTS/INQUIRIES None
PRESENTATIONS
None CONSENT AGENDA
2. Approve Payment of Disbursements and Payroll
3. Approve Final Plat Extension – Enterprise Rent a Car
4. Approve Property Tax Abatement – 10920 32nd St. N. – Resolution 2022-020
5. Approve Plans and Specifications and Order Ad for Bids Section 16 Sanitary Sewer
Extension – Resolution 2022-021
6. Approve Plans and Specifications and Order Ad for Bids for the Tapestry Sanitary Sewer
Extension – Resolution 2022-022
7. Approve Lake Elmo City Center Public Works Addition Pay Request #1
8. Approve City Planner Hire
LAKE ELMO CITY COUNCIL MINUTES
March 1, 2022
Page 2 of 3
Councilmember Dorschner, seconded by Councilmember Holtz, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 4 - 0. ITEM 9: Approve Plans and Specifications and Order Ad for Bids for 2022 Street and Utility
Improvements
City Engineer Griffin reviewed the project and projected assessment amounts, noting proposed
parking restrictions. Discussion was held concerning curb changes and Engineer Griffin
indicated he would get information on costs for alternate curb plans.
Councilmember Holtz, seconded by Councilmember McGinn, moved TO APPROVE
RESOLUTION NO. 2022-023, APPROVING THE PLANS AND SPECIFICATIONS AND
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE 2022 STREET AND UTILITY
IMPROVEMENTS. Motion passed 4 – 0.
ITEM 10: 2022-2024 EDA Work Plan
Administrator Handt provided a brief overview of the items in workplan. Discussion was held concerning staff time required to assist the EDA during the duration of the workplan. Councilmember Holtz, seconded by Councilmember McGinn, moved TO APPROVE THE 2022-2024 LAKE ELMO EDA WORK PLAN. Motion passed 4 – 0.
COUNCIL REPORTS Councilmember Dorschner:
Councilmember McGinn: Thanked Senator Housley, City Administrator Handt and those who
testified at the hearing regarding water supply legislation.
Councilmember Holtz: Also thanked those who supported the water supply legislation and provided an update on the Airport Committee.
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Reported on Senate hearing on SF 3055 regarding water supply issues.
City Attorney Sonsalla: Working on closing documents for the water tower property and Applewood Pointe Development Agreement.
City Engineer Griffin: Reported on an upcoming neighborhood meeting with the Parkview
neighborhood.
Meeting adjourned at 7:27 pm.
LAKE ELMO CITY COUNCIL MINUTES
March 1, 2022
Page 3 of 3
LAKE ELMO CITY COUNCIL
ATTEST: ______________________________ Charles Cadenhead, Mayor
_______________________________
Julie Johnson, City Clerk
DATE: March 15, 2022
CONSENT
AGENDA ITEM: Approve Redistricting Resolution
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND: Every 10 years the state legislature is charged with redrawing the state’s maps to reflect population shifts from the decennial census. Redistricting maps were released February 15, 2022 and there were no changes that affect Lake Elmo polling locations. State law requires every city to pass a resolution after redistricting
to change polling locations or re-establish existing polling locations. A resolution re-establishing Lake Elmo Precinct 1 and Precinct 2 is attached for City Council approval.
ISSUE BEFORE COUNCIL: Should the Council adopt the Resolution?
FISCAL IMPACT: NA
RECOMMENDATION: If removed from the consent agenda:
“Motion to adopt Resolution No 2022-028 ATTACHMENTS:
• Resolution No. 2022-028
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-028 A RESOLUTION RE-ESTABLISHING UNCHANGED PRECINCTS AND POLLING PLACES IN THE CITY OF LAKE ELMO, WASHINGTON COUNTY WHEREAS, the boundaries of the City of Lake Elmo precincts 1 and 2, which consist of the territory of the City of Lake Elmo, remain unchanged following state legislative redistricting; and WHEREAS, the City Council of the City of Lake Elmo wants to re-establish the
City of Lake Elmo precincts with the same boundaries as permitted and required by Minnesota Statutes 204B.14, Subdivision 3(c); and WHEREAS, the City of Lake Elmo wants to re-establish the following two polling locations:
Precinct 1: Fire Station 1, 3510 Laverne Avenue North, Lake Elmo, MN Precinct 2: City Hall, 3800 Laverne Avenue North, Lake Elmo, MN NOW, THEREFORE, BE IT RESOLVED, that the City Council re-establishes
that the boundaries of the City of Lake Elmo precincts 1 and 2 are unchanged and re-establishes said districts with the same boundaries pursuant to Minnesota Statutes 204B.14, Subdivision 3(c). NOW, THEREFORE, BE IT FURTHER RESOLVED, that the designated polling
locations for the City of Lake Elmo are re-established and remain as follows, in accordance with Minnesota Statues 204B.16: Precinct 1: Fire Station 1, 3510 Laverne Avenue North, Lake Elmo, MN Precinct 2: City Hall, 3800 Laverne Avenue North, Lake Elmo, MN
APPROVED by the Lake Elmo City Council on this 15th day of March, 2022.
By: __________________________ Charles Cadenhead Mayor
ATTEST:
________________________________ Julie Johnson
City Clerk
DATE: March 15, 2022
CONSENT
AGENDA ITEM: Approve Resolution of Support for the County State Aid Highway 15
(Manning Avenue) and 30th Street Intersection Improvements
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Marty Powers, Public Works Director
Molly Just, Planning Director Chad Isakson, Assistance City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve a Resolution of Support for the County
State Aid Highway 15 (Manning) and 30th Street Intersection Improvements? BACKGROUND AND PROPOSAL DETAILS/ANALYSIS: Washington County is requesting that the City of Lake Elmo approve a resolution of support for the County State Aid Highway 15 (Manning) and 30th Street Intersection Improvements. The resolution expresses the City’s support for the project, for the preliminary design layout dated February 2, 2022, and allows the County to proceed with the completion
of the final design and plan review for the project. Upon completion of the final design the County will request the City to enter into a Cooperative Cost Agreement for the Project as well as a Cooperative Maintenance Agreement. The project is planned for construction in 2022 to coordinate with the closing of the Manning Avenue and 32nd Street access, located in Easton Village subdivision. If the Easton Village developer is able to deliver completed access removal plans to the County in a timely manner, the County may consider incorporating the access removal work as part of the County’s project.
The improvements include the installation of a steel pole traffic signal at the intersection of County State Aid Highway 15 (Manning Avenue) and 30th Street North to improve intersection traffic operations. To facilitate the installation of a traffic signal, the project includes the construction of dedicated left and right turn lanes along both the west leg (located in Lake Elmo) and east leg (located in Baytown and West Lakeland Townships) of 30th Street North. The turn lanes on the west leg of the intersection have been designed using a 30 mph speed limit to facilitate a reduction in the turn lane length together with reduced lane widths to 11-feet. To address the project drainage, two (2) stormwater management basins will be constructed within the public right-of-way of the west leg of 30th Street. No right-of-way acquisition is anticipated from Lake Elmo at this time. FISCAL IMPACT: The County is requesting cost participation in the project by the City of Lake Elmo in the estimated amount of $397,300 based on a preliminary total estimated project cost of $1,024,040. Approval of the Municipal Support Resolution does not obligate the City of Lake Elmo to any cost share
or maintenance obligations at this time, as those decisions will be considered by the City at a later date through the approval of a Cooperative Cost Share Agreement and Cooperative Maintenance Agreement. The City’s share of the costs, as assigned by the County, include the roadway improvements along the west
leg of 30th Street North, including the construction of a dedicated left and right turn lane. In addition, the County has assigned 25% of the traffic signal cost to Lake Elmo.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent
agenda, a Resolution supporting Washington County’s recommended layout for the County State Aid Highway 15 (Manning) and 30th Street Intersection Improvements by Washington County. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Resolution No. 2022-024 Approving Municipal Support for the County State Aid Highway 15 (Manning) and 30th Street Intersection Improvements by Washington County.” ATTACHMENTS: 1. Resolution Approving Municipal Support for the County State Aid Highway 15 (Manning) and 30th Street Intersection Improvements by Washington County. 2. Exhibit A – County Recommended Project Layout. 3. Exhibit B – Preliminary Cost Estimate.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-024 A RESOLUTION APPROVING MUNICIPAL SUPPORT FOR THE COUNTY STATE AID HIGHWAY 15 (MANNING AVENUE) AND 30TH STREET INTERSECTION IMPROVEMENTS BY WASHINGTON COUNTY
WHEREAS, Washington County’s Capital Improvement Program includes intersection and traffic signal improvements at County State Aid Highway (CSAH) 15 and 30th Street North, planned for
construction in 2022, in which portions of the project are within the City of Lake Elmo as shown in Exhibit A; and
WHEREAS, City of Lake Elmo in coordination with Washington County and Valley Branch Watershed District, Baytown Township, and West Lakeland Township, has engaged in a preliminary design effort that started in April of 2021; and WHEREAS, the City and County have engaged in a community engagement process as part of the preliminary design effort intended to gather and consider public feedback for the project; and WHEREAS, a County recommended County State Aid Highway (CSHA) 15 and 30th Street Project Layout, dated February 2, 2022, showing proposed roadway, turn lane, traffic signal and drainage
improvements has been prepared and presented to the City; and WHEREAS, a preliminary project cost estimate for the Project has been prepared and presented
to the City as shown in Exhibit B; and WHEREAS, this resolution and approval does not obligate the City of Lake Elmo to any cost
share or maintenance obligations as those will be considered by the City at a later date. WHEREAS, prior to advertising for contractor bids on the Project, Washington County will present the City with an updated cost estimate and bidding plans for support. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, 1. That said County Recommended County State Aid Highway (CSHA) 15 and 30th Street Project Layout, dated February 2, 2022, be in all things approved; and 2. That the City of Lake Elmo supports the County continuing with the development of final plans and right-of-way acquisition necessary for the construction of the Project ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTHEETH DAY OF MARCH 2022.
CITY OF LAKE ELMO
By: __________________________ Charles Cadenhead
(Seal) Mayor ATTEST: ________________________________ Julie Johnson, City Clerk
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CSAH 15 (MANNING AVENUE)30TH STREET N
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PROPOSED TRAFFIC SIGNAL
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POSTED SPEED = 55 MPH
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SRF Comm No 13243
H:\Projects\13000\13243\Design\Cost Estimates\13243a_30TH ST_Estimate-rev00.xlsx
PRINTED: 12/20/2021 11:06 AM
CSAH 15 (MANNING AVE) / 30TH STREET N INTERSECTION IMPROVEMENTS
Concept Cost Estimate (based upon 2020 bid price information)
Prepared By: SRF Consulting Group, Inc., Date: 12/20/2021
UNIT EST. EST.EST. EST.EST. EST.EST. EST.EST. EST.
PRICE QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
PAVING AND GRADING COSTS
GrP 1 2106 Excavation - common & subgrade cu. yd.$7.00 1,600 $11,200 700 $4,900 900 $6,300 900 $6,300 4,100 $28,700GrP 2a 2106 Common Embankment (CV)cu. yd.$8.00 500 $4,000 200 $1,600 300 $2,400 300 $2,400 1,300 $10,400GrP 2b 2106 Granular Subgrade (CV) cu. yd.$20.00 750 $15,000 200 $4,000 600 $12,000 600 $12,000 2,150 $43,000GrP 3 Bituminous Roadway Pavement (1)sq. yd.$36.00 2,300 $82,800 960 $34,560 1,320 $47,520 1,320 $47,520 5,900 $212,400GrP 3i Driveway Pavement - Concrete (1)sq. yd.$70.00 50 $3,500 50 $3,500GrP 4a Concrete Walk / Trail / Median (2)sq. yd.$45.00 50 $2,250 50 $2,250 100 $4,500GrP 4a Bituminous Walk / Trail (2)sq. yd.$25.00 630 $15,750 10 $250 640 $16,000GrP 4b ADA Pedestrian Curb Ramp each $1000.00 2 $2,000 6 $6,000 8 $8,000GrP 5 Concrete Curb and Gutter (Outside)lin. ft.$23.00 1,400 $32,200 80 $1,840 1,480 $34,040
SUBTOTAL PAVING AND GRADING COSTS:$168,700 $55,400 $68,220 $68,220 $360,540
DRAINAGE, UTILITIES AND EROSION CONTROL
Dr 3 Water Quality Pond l.s.$10,000 0.5 $5,000 0.5 $5,000 1.0 $10,000Dr 1 Drainage - urban (10% to 30%)10%$17,000 $6,000 $23,000Dr 2 Drainage - rural (3)mile $110,000 0.07 $7,700 0.07 $7,700 0.14 $15,400Dr 3 Turf Establishment & Erosion Control 8%$14,000 $5,000 $6,000 $6,000 $31,000
SUBTOTAL DRAINAGE, UTILITIES AND EROSION CONTROL $36,000 $16,000 $13,700 $13,700 $79,400
SIGNAL AND LIGHTING COSTS
SGL 1 Signals (permanent)each $250,000 0.25 $62,500 0.75 $187,500 1.0 $250,000
SUBTOTAL SIGNAL AND LIGHTING COSTS:$62,500 $187,500 $250,000
SIGNING & STRIPING COSTS
SGN 1 Mainline Signing (C&D)mile $20,000 0.14 $2,800 0.07 $1,400 0.07 $1,400 0.28 $5,600SGN 2 Mainline Striping mile $5,000 0.14 $700 0.07 $350 0.07 $350 0.28 $1,400
SUBTOTAL SIGNING & STRIPING COSTS:$3,500 $1,750 $1,750 $7,000
SUBTOTAL CONSTRUCTION COSTS:$270,700 $258,900 $83,670 $83,670 $696,940
MISCELLANEOUS COSTS
M 1 Mobilization 5%$14,000 $13,000 $5,000 $5,000 $37,000M 2 Non Quantified Minor Items (10% to 30%)15%$41,000 $39,000 $13,000 $13,000 $106,000M 3 Traffic Control 3%$9,000 $8,000 $3,000 $3,000 $23,000
SUBTOTAL MISCELLANEOUS COSTS:$64,000 $60,000 $21,000 $21,000 $166,000
ESTIMATED TOTAL CONSTRUCTION COSTS without Contingency:$334,700 $318,900 $104,670 $104,670 $862,940
1 Contingency or "risk" (10% to 30%)15%$51,000 $48,000 $16,000 $16,000 $131,000
ESTIMATED TOTAL CONSTRUCTION COSTS PLUS CONTINGENCY:$385,700 $366,900 $120,670 $120,670 $993,940
INFLATION COST (CURRENT YR. TO YR. OF OPENING)Years 3%1 $11,600 1 $11,100 1 $3,700 1 $3,700 $30,100
TOTAL PROJECT COST (OPENING YEAR DOLLARS)$397,300 $378,000 $124,370 $124,370 $1,024,040
NOTE: (1) Includes aggregate base class 5. (2) Includes aggregate base class 5. (3) Does not include pavement edge drains, see separate item.
Utility Agreements based upon: R/W Acquisitions based upon:
PROJECT TOTAL
UNITITEM DESCRIPTION
City of Lake Elmo Washington County Baytown Township West Lakeland Township
DATE: March 15, 2022
CONSENT
AGENDA ITEM: Authorize Engineering Services for Well No. 1 Abandonment and Pumphouse Demolition SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council authorize engineering services for the sealing and abandonment of Well No. 1 and demolition of the Pumphouse? BACKGROUND: In 2019, The City of Lake Elmo entered into a grant agreement with the MPCA to replace the lost capacity for Well No. 1 which became impacted by PFAS and was decommissioned in
2018. The MPCA grant agreement (SWIFT Contract: 155932) covers 90% of the total project costs necessary to construct a new high-capacity water supply well (Well No. 5) and to seal Well No. 1. Since entering into the agreement, the City has completed the construction of Production Well No. 5, Pumphouse
No. 5, and the Well No. 5 Connecting Trunk Watermain projects and the new water supply well was placed into service in April 2021. PROPOSAL DETAILS/ANALYSIS: To initiate the sealing/abandonment work for Well No. 1, the City Engineer, together with Bolton and Menk, have developed a scope of work for the design and construction services for the remaining work under the MPCA Grant Agreement. The Project will include Engineering Services for sealing and abandoning Well #1 and demolition of the Pumphouse located in the Old Village at the south end of Langly Court North. The work will include removal of the well pump and abandoning/sealing the well. The pumphouse building will be demolished and the site will be restored with bituminous pavement. The services of American Engineering and Testing (AET) are included to complete an Asbestos and Regulated Waste Assessment of the pumphouse building. The MN-DNR will be conducting an initial sounding and downhole investigation of the well after the pump is pulled, but before any abandonment work is completed. The contract documents will be prepared to coordinate the work by the MN-DNR. The engineering services will include the preparation of plans and specifications and contract documents
to be prepared and bid as one bid package, rather than soliciting quotes for the work. Contract documents will be prepared to incorporate the requirements of the grant agreement including insurance, prevailing wage, or other stipulations. Bids will be received online through QuestCDN. Engineering services will also
include Construction Administration throughout the construction phase of the improvements and part‐time construction observation services to be performed as necessary and at critical times to oversee that the work is performed in accordance with the plans and specifications. Once the construction work is completed, record plans of the completed work will be prepared and delivered to the city. FISCAL IMPACT: The project is funded through the MPCA grant agreement dated July 3, 2019 (SWIFT Contract: 155932). Total Project Costs are funded 90% through the MPCA Grant. The remaining 10% city cost share is funded through the Water Core Fund. Approval of this motion does not commit the council to
the project construction costs. Once contractor bids are received, the actual construction costs will be
known and the council will be asked to consider entering into a contract to complete the work. RECOMMENDATION: Staff is recommending that the City Council authorize, as a part of the consent
agenda, engineering services by FOCUS Engineering and Bolton and Menk for the sealing and abandonment of Well No. 1 and demolition of the Pumphouse. If this item is removed from the consent agenda, the recommended motion for the action is as follows:
“Move to authorize engineering services by FOCUS Engineering and Bolton and Menk, Inc. for the sealing and abandonment of Well No. 1 and demolition of the Pumphouse in the amount not to exceed $47,000”. ATTACHMENTS: 1. Task Order No. 21 – Well #1 Abandonment and Pumphouse Demolition.
TASK ORDER No. 21 – WELL #1 ABANDONMENT AND PUMPHOUSE DEMOLITION Page 1 of 4
TASK ORDER No. 21
CITY OF LAKE ELMO, MINNESOTA – BOLTON AND MENK, INC.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
In accordance with ARTICLE 1 of the Master AGREEMENT between the City of Lake Elmo (“CITY”) and
Bolton and Menk, Inc. (“ENGINEER”), dated MARCH 20, 2013 (“AGREEMENT”), the ENGINEER agrees
to provide Professional Engineering Support Services as follows:
WELL #1 ABANDONMENT AND PUMPHOUSE DEMOLITION
PROJECT OVERVIEW: The Project includes Engineering Services for sealing and abandoning Well #1
and demolition of the Pumphouse located in the Old Village at the south end of Langly Court North.
The well was previously decommissioned in 2018 due to PFAS contamination.
The scope of the improvements will include removal of the well pump and abandoning/sealing the well.
The pumphouse building will be demolished and the site will be restored with bituminous pavement.
The services of American Engineering and Testing (AET) are included to complete an Asbestos and
Regulated Waste Assessment of the pumphouse building, to be performed as part of the design phase
services. The DNR will be conducting an initial sounding and downhole investigation of the well after
the pump is pulled, but before any abandonment work is completed. The contract documents will be
prepared to coordinate this work. Ten (10) days will be provided in the contract for the DNR to conduct
their investigation after the pump is pulled.
The engineering services will include the preparation of plans and specifications and contract
documents to be prepared and bid as one bid package, rather than soliciting quotes for the work. Bids
will be received online through QuestCDN. Specifications will be prepared for the well abandonment,
building demolition, and site restoration. Construction plan sheets for the well abandonment, building
demolition, and site restoration will be prepared as necessary to depict the proposed work. A
construction cost estimate of the proposed work will be prepared and submitted to the city as part of
the deliverables for the design documents. Mike Warner, P.E. will serve as the overall Project Manager.
Seth Peterson, P.E., will coordinate and lead the well abandonment and building demolition.
Engineering services will also include Construction Administration throughout the construction phase
of the improvements and part‐time construction observation services to be performed as necessary
and at critical times to oversee that the work is performed in accordance with the plans and
specifications. Once the construction work is completed, record plans of the completed work will be
prepared and delivered to the city.
The project is funded through a MPCA grant agreement dated July 3, 2019 (SWIFT Contract: 155932).
Contract documents will be prepared to incorporate the requirements of the grant agreement
including insurance, prevailing wage, or other stipulations. The grant agreement expires on June 30,
2022, therefore, the Project needs to be fully completed and closed out by that date.
TASK ORDER No. 21 – WELL #1 ABANDONMENT AND PUMPHOUSE DEMOLITION Page 2 of 4
SERVICES TO BE PROVIDED BY ENGINEER: Bolton and Menk, Inc. shall provide the following
Professional Engineering Services:
1. Project Management throughout the course of work for one complete bid package, and
construction phase services, including submittal of a weekly progress memo and job to date
budget form.
2. Design phase services, including preparation of Plans, Specifications, and Contract Documents.
Project Kick‐off meeting with City staff.
Site visits as necessary to verify and review existing conditions and survey.
Survey: Topographic survey of existing conditions within project limits for the purposes
of preparing site plan and design documents.
Complete a private utility locate request, identify location of the utilities on the plans,
and complete design with location of private utilities in mind.
Complete an Asbestos and Regulated Waste Assessment of the pumphouse building.
Prepare construction plans and specifications for bidding purposes. Plans and
Specifications will incorporate Contract Documents required by the MPCA Grant
Agreement dated July 3, 2019 (SWIFT Contract: 155932).
Include in the Contract Documents coordination requirements to allow the DNR to
conduct an initial sounding and downhole investigation of the well after the pump is
pulled, but before any abandonment work is completed. Ten (10) days will be provided
in the contract for the DNR to conduct their investigation after the pump is pulled.
Provide 60% plans and specifications to the City for review.
Provide 90% plans and specifications to City for review.
Revise and prepare final plans and specifications based on City comments.
Prepare Opinion of Probable Construction Cost based on final plans.
Identify permits required to complete the proposed work. Each design shall incorporate
measures to meet compliance requirements for all permits necessary.
Prepare and submit any necessary permit applications for approval.
DELIVERABLES
Plans in Electronic (PDF) and Hard Copy format (2 copies 11” x 17”).
Specifications for in electronic and hard copy format (1 copy for the City and the
appropriate number for contracts and required permits).
Engineer’s opinion of probable costs at 90% and 100% plan review.
Design memorandum summarizing final design assumptions and performance criteria
incorporated into the project design.
Identification of easements on the plans, if needed for the construction of the project.
Identification of anticipated conflicts with private utilities due to construction.
TASK ORDER No. 21 – WELL #1 ABANDONMENT AND PUMPHOUSE DEMOLITION Page 3 of 4
3. Bidding Phase Services
Prepare “Advertisement for Bids” for submittal to Stillwater Gazette and Quest CDN.
Distribute plans and specifications for each project as requested by bidders.
Maintain plan holder’s list.
Respond to bidders’ questions and issue addenda as necessary.
Tabulate bids in electronic format.
Prepare contract award recommendation letter.
4. Construction Phase Services
Organize, coordinate, and jointly lead pre‐construction conference and progress
meetings during construction, as needed. Provide and distribute meeting minutes.
Assist the City in procuring testing services as may be required.
Provide construction staking for site work as needed.
Review Contractor submittals (shop drawings) for products and equipment.
Issue contract document clarifications as required.
Process contract change order requests, if required.
Review contractor‐submitted construction progress schedules.
Review contractor pay requests.
Provide periodic construction observation as necessary and at critical times during the
work to oversee that the work is performed in accordance with the plans and
specifications.
Provide Substantial Completion inspection and punch list for Contractor and issue
Certificate of Substantial Completion when appropriate.
Provide Final Completion inspection for Contractor and issue Certificate of Final
Completion when appropriate.
Review final submittal from Contractor with respect to conformance with the Contract
Documents.
Prepare and submit record drawings in electronic format (AutoCAD, GIS and PDF) and
hard copy format.
CITY’S RESPONSIBILITIES: The City (or its Consultant) will provide the following:
1. Coordination with the public and conduct public meetings.
2. Presentation(s) to the City Council.
3. Easement acquisition, if needed.
4. Provide answers to project questions and direct changes in the scope of work, if needed.
5. Review of 60% and 90% Plans and Specifications.
6. Pay all permit and plan review fees for agencies as required.
7. Pay all costs associated with Advertisement for Construction Bids.
8. Attend bid opening.
9. Attend pre‐construction conference and construction progress meetings.
TASK ORDER No. 21 – WELL #1 ABANDONMENT AND PUMPHOUSE DEMOLITION Page 4 of 4
TIMES FOR RENDERING SERVICES: ENGINEER shall perform its services and provide final deliverables
in a timely and appropriate manner, and shall schedule the bid date and completion deadlines for the
project contractors, including final inspections and final project documentation, all in accordance with
the MPCA Grant Agreement dated July 3, 2019 (SWIFT Contract: 155932). The grant agreement expires
on June 30, 2022.
CITY’S REPRESENTATIVE AND CONTRACT ADMINISTRATION: The CITY’s representative with respect
to services rendered by ENGINEER under this TASK ORDER shall be the Assistant City Engineer. Project
correspondence must be addressed to:
Chad Isakson, P.E., Assistant City Engineer
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
651.300.4283
Email: Chad.Isakson@FOCUSengineeringinc.com
COMPENSATION: Invoices shall be submitted once each month and should be sent to the attention of
the Assistant City Engineer. Compensation to ENGINEER shall be based on the hourly billing rates for
each staff as assigned and provided in the ENGINEER’s Proposal for the work in the following not to
exceed amounts:
TOTAL ENGINEERING SERVICES $ 36,864
ADDITIONAL SERVICES: If authorized by the City, ENGINEER shall furnish or obtain from others
Additional Services which are not considered under this Task Order. Such services shall be compensated
for on an Hourly Rate basis in an amount approved by the City prior to any services being started or as
otherwise mutually agreed. The City is not obligated to compensate ENGINEER for services completed
outside the approved scope of work which are completed prior to ENGINEER submitting a written
request to the City, and receiving written approval of the City.
APPROVAL AND ACCEPTANCE: Approval and Acceptance of this Task Order, including the
attachment(s) listed above, shall incorporate this document as part of the AGREEMENT. ENGINEER is
authorized to begin performance of services upon receipt of a copy of this Task Order signed by CITY.
The Effective Date of this Task Order is March 15, 2022.
BOLTON AND MENK, INC. CITY OF LAKE ELMO, MINNESOTA
By _________________________________ By __________________________________
(Authorized Principal of the Firm) City Administrator
Client: City of Lake Elmo
Project: Well 1 Abandonment
TASK
NO.WORK TASK DESCRIPTION
Mike WarnerSeth PetersonHerman DharmarajahProject EngineerDesign TechnicianField TechnicianClericalTotal
Hours
Total
Cost
1.0 Project Management 10 0 0 0 0 0 0 10 $1,740
2.0 Preparation of Plans and Specifications, and Contract Documents 6 10 30 10 12 0 7 75 $15,980
3.0 Bidding 5 0 2 0 0 0 5 12 $1,990
4.0 Construction Services 22 8 20 12 4 10 2 78 $15,474
TOTAL HOURS 43 18 52 22 16 10 14 175
AVERAGE HOURLY RATE $174.00 $235.00 $290.00 $145.00 $140.00 $145.00 $108.00
SUBTOTAL $7,482 $4,230 $15,080 $3,190 $2,240 $1,450 $1,512
Subconsultant (Asbestos and Hazardous Waste Assessment)$1,680
$36,864
DETAILED COST ESTIMATE
TOTAL FEE
BOLTON & MENK, INC.
Well 1 Abandonment
City of Lake Elmo, Minnesota
DATE: March 15, 2022
CONSENT
AGENDA ITEM: Approve Change Order No. 1 for the Whistling Valley Street and Utility
Improvements
SUBMITTED BY: Mark Scholle, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 1 for the Whistling Valley Street and Utility Improvements? BACKGROUND: Jacon, LLC was awarded a construction contract on January 4, 2022 to complete the
Whistling Valley Street and Utility Improvements. Staff is currently processing Contract Documents and preparing the project to begin construction in mid to late April. The project has a substantial completion date of October 14, 2022 and final completion date of November 25, 2022.
PROPOSAL DETAILS/ANALYSIS: While processing Contract Documents, after the council awarded the project, it was discovered that the Bid Package for the improvements had inadvertently omitted the
documentation necessary to make the Contract subject to the prevailing wage and insurance requirements as outlined in the MPCA Grant Agreement. Change Order No. 1 is being processed to revise the Contract Documents to include the State Grant requirements. Jacon LLC has submitted Change Order No. 1 to address additional costs associated with meeting these added project requirements. FISCAL IMPACT: This change order will increase the contract in the amount of $141,959.85 bringing the revised construction contract to $2,412,566.30. With this change order, the project remains within the authorized budget and contingencies, and MPCA Grant amount. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 1 for the Whistling Valley Street and Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 1 for the Whistling Valley Street and Utility Improvements, thereby increasing the contract amount by $141,959.85”. ATTACHMENTS: 1. Change Order No. 1.
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John Dreshar Digitally signed by John DresharDN: C=US, E=John@jaconco.com, O=JACON LLC, CN=John DresharDate: 2022.03.09 13:13:45-06'00'
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ΨϭϮϮ͕ϳϴϰ͘ϯϬ ΨϭϮϮ͕ϳϴϰ͘ϯϬ
Ϯ Z ϭ
ΨϭϮ͕ϬϭϮ͘ϵϬ ΨϭϮ͕ϬϭϮ͘ϵϬ
ϯ >/E&d ϰϲϳϵ Ψϱ͘ϰϯ ΨϮϱ͕ϰϬϲ͘ϵϳ
ϰ ^Yz ϭϯ Ψϯϭ͘Ϭϱ ΨϰϬϯ͘ϲϱ
ϱ ^Yz ϯϬ ΨϭϬ͘ϯϱ ΨϯϭϬ͘ϱϬ
ϲ ^Yz ϯϰ ΨϭϵϬ͘ϬϬ Ψϲ͕ϰϲϬ͘ϬϬ
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ϭϬ ^Yz ϮϬϬ ΨϭϬ͘ϯϱ ΨϮ͕ϬϳϬ͘ϬϬ
ϭϭ , ϭϵ
Ψϰϱ͘ϬϬ Ψϴϱϱ͘ϬϬ
ϭϮ , ϯϳ
Ψϯϰϭ͘ϴϵ ΨϭϮ͕ϲϰϵ͘ϵϯ
ϭϯ , ϰϲ ΨϮϬϬ͘ϬϬ Ψϵ͕ϮϬϬ͘ϬϬ
ϭϰ , ϭϴ ΨϭϱϬ͘ϬϬ ΨϮ͕ϳϬϬ͘ϬϬ
ϭϱ , ϭϮ ΨϱϬ͘ϬϬ ΨϲϬϬ͘ϬϬ
ϭϲ hz ϭϬϰϰϴ ΨϬ͘ϳϵ Ψϴ͕Ϯϱϯ͘ϵϮ
ϭϳ ^Y&d ϴϮϰ Ψϳ͘ϯϮ Ψϲ͕Ϭϯϭ͘ϲϴ
ϭϴ hz ϰϴϵϬ Ψϯϭ͘ϮϬ ΨϭϱϮ͕ϱϲϴ͘ϬϬ
ϭϵ hz ϯϴϲϵ ΨϮϬ͘ϯϬ Ψϳϴ͕ϱϰϬ͘ϳϬ
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Ϯϭ dKE ϮϮϭϬ
ΨϵϬ͘ϬϬ Ψϭϵϴ͕ϵϬϬ͘ϬϬ
ϮϮ dKE Ϯϵϰϱ
Ψϴϯ͘ϬϬ ΨϮϰϰ͕ϰϯϱ͘ϬϬ
Ϯϯ dKE ϮϬϬ Ψϭϱϲ͘ϬϬ Ψϯϭ͕ϮϬϬ͘ϬϬ
Ϯϰ '> ϭϲϮϴ ΨϮ͘ϬϬ Ψϯ͕Ϯϱϲ͘ϬϬ
Ϯϱ >/E&d ϭϰϱϴ Ψϭϰ͘ϬϬ ΨϮϬ͕ϰϭϮ͘ϬϬ
Ϯϲ , ϭϰ ΨϮϱϬ͘ϬϬ Ψϯ͕ϱϬϬ͘ϬϬ
Ϯϳ >/E&d ϱϱ ΨϮϭ͘ϬϬ Ψϭ͕ϭϱϱ͘ϬϬ
Ϯϴ , ϭ ΨϰϮϬ͘ϬϬ ΨϰϮϬ͘ϬϬ
Ϯϵ , ϭ ΨϭϮ͕ϯϬϬ͘ϬϬ ΨϭϮ͕ϯϬϬ͘ϬϬ
ϯϬ , Ϯ Ψϭ͕ϱϬϬ͘ϬϬ Ψϯ͕ϬϬϬ͘ϬϬ
ϯϭ , ϭϴ
Ψϲϳϱ͘ϬϬ ΨϭϮ͕ϭϱϬ͘ϬϬ
ϯϮ , ϭϰ
ΨϱϬϬ͘ϬϬ Ψϳ͕ϬϬϬ͘ϬϬ
ϯϯ , Ϯ Ψϰ͕ϬϮϱ͘ϬϬ Ψϴ͕ϬϱϬ͘ϬϬ
ϯϰ , ϭϮ Ψϳ͕ϱϬϬ͘ϬϬ ΨϵϬ͕ϬϬϬ͘ϬϬ
ϯϱ , ϳϭ ΨϳϳϬ͘ϬϬ Ψϱϰ͕ϲϳϬ͘ϬϬ
ϯϲ , ϯϳ Ψϰϴϱ͘ϬϬ Ψϭϳ͕ϵϰϱ͘ϬϬ
ϯϳ , ϯϳ ΨϱϱϬ͘ϬϬ ΨϮϬ͕ϯϱϬ͘ϬϬ
ϯϴ >/E&d ϭϭϴϵ Ψϯϲ͘ϲϬ Ψϰϯ͕ϱϭϳ͘ϰϬ
ϯϵ , ϭϭ Ψϯ͕Ϯϴϯ͘ϭϱ Ψϯϲ͕ϭϭϰ͘ϲϱ
ϰϬ >/E&d ϭϭϮ Ψϭϭϲ͘ϳϬ Ψϭϯ͕ϬϳϬ͘ϰϬ
ϰϭ >/E&d ϴϭϲ
Ψϴϭ͘ϬϬ Ψϲϲ͕Ϭϵϲ͘ϬϬ
ϰϮ >/E&d ϲϲϵϭ
Ψϳϭ͘Ϯϱ Ψϰϳϲ͕ϳϯϯ͘ϳϱ
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ϰϯ ^Yz ϱϲ Ψϯϰ͘ϬϬ Ψϭ͕ϵϬϰ͘ϬϬ
ϰϰ > ϯϬϰϬ
Ψϲ͘ϴϯ ΨϮϬ͕ϳϲϯ͘ϮϬ
ϰϱ >/E&d ϯϴϰϵ
ΨϯϬ͘ϯϲ Ψϭϭϲ͕ϴϱϱ͘ϲϰ
ϰϲ >/E&d ϭϯϭϬ
ΨϯϬ͘ϴϬ ΨϰϬ͕ϯϰϴ͘ϬϬ
ϰϳ >/E&d ϱϮϴϰ Ψϭϯ͘ϴϲ Ψϳϯ͕Ϯϯϲ͘Ϯϰ
ϰϴ ^Yz ϭϯ ΨϭϭϬ͘ϬϬ Ψϭ͕ϰϯϬ͘ϬϬ
ϰϵ , ϭϵ ΨϮ͕Ϭϳϵ͘ϬϬ Ψϯϵ͕ϱϬϭ͘ϬϬ
ϱϬ >hDW^hD ϭ Ψϲ͕ϱϬϬ͘ϬϬ Ψϲ͕ϱϬϬ͘ϬϬ
ϱϭ ^Y&d ϲϯ͘ϯϭ ΨϭϯϬ͘ϬϬ Ψϴ͕ϮϯϬ͘ϯϬ
ϱϮ , ϭϬ ΨϯϰϬ͘ϬϬ Ψϯ͕ϰϬϬ͘ϬϬ
ϱϯ >/E&d ϭϬϬϬ Ψϯ͘ϬϬ Ψϯ͕ϬϬϬ͘ϬϬ
ϱϰ , ϯϰ
ΨϮϮϬ͘ϬϬ Ψϳ͕ϰϴϬ͘ϬϬ
ϱϱ hz ϲϳϴ
ΨϰϬ͘Ϯϱ ΨϮϳ͕Ϯϴϵ͘ϱϬ
ϱϲ ^Yz ϲϰϬϭ
Ψϭϭ͘ϲϳ Ψϳϰ͕ϲϵϵ͘ϲϳ
ϱϳ Z Ϭ͘ϱ Ψϰ͕ϱϬϬ͘ϬϬ ΨϮ͕ϮϱϬ͘ϬϬ
ϱϴ ^Yz ϮϱϬϱ ΨϮ͘ϲϬ Ψϲ͕ϱϭϯ͘ϬϬ
ϱϵ zz ϱϬ Ψϭϰϵ͘ϱϬ Ψϳ͕ϰϳϱ͘ϬϬ
ϲϬ , Ϯ Ψϭ͕ϳϱϬ͘ϬϬ Ψϯ͕ϱϬϬ͘ϬϬ
ϲϭ >/E&d ϭϮϯϬϭ Ψϯ͘ϬϬ Ψϯϲ͕ϵϬϯ͘ϬϬ
ΨϮ͕ϰϭϮ͕ϱϲϲ͘ϯϬ
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dKd>^Ͳ^ KEdZd ΨϮ͕ϰϭϮ͕ϱϲϲ͘ϯϬ
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STATE FUNDED ONLY CONSTRUCTION CONTRACTS
SPECIAL PROVISIONS DIVISION A - LABOR
I. INTRODUCTION
A.Policy Statement.It is in the public interest that public buildings and other public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on public works projects be compensated according to the real value of the
services they perform.1
B.State Regulations Govern.This Contract is subject to the Minnesota Prevailing Wage Act
2,Minnesota Fair Labor Standards Act3, Minnesota Rules
4, Minnesota Department of Labor and Industry (MnDLI) Wage Decision(s), and the MnDLI Truck Rental Rate Schedule.
C.Purpose.These provisions: (1) outline your obligations under state and federal laws, rules and regulations; (2) explain the requirements necessary to demonstrate compliance; and (3) explain the processes that the Department will undertake to ensure compliance.
D.Questions or Resources.Please visit the Minnesota Department of Transportation (MnDOT) Labor Compliance Unit (LCU) website at: www.dot.state.mn.us/const/labor.
II. DEFINITIONSMany of the terms used in these provisions are defined in MnDOT’s Standard Specifications for Construction,5 unless defined below.
A.Apprentice.A Worker at least 16 years of age who is employed to learn an apprenticeable trade or occupation in a registered apprenticeship program.6
B.Bona Fide.Made or carried out in good faith; authentic.7
C.Certified Payroll Report (CPR).A report comprised of two components; (1) a payroll report, and (2) a statement of compliance report.
8
D.Contractor.An individual or business entity that is engaged in construction or construction service-related activities including trucking activities either directly or indirectly through a Contract, or by Subcontract with the Prime Contractor, or by a further Subcontract with any other person or business entity performing Work.9
E.Employer.An individual, partnership, association, corporation, business trust, or other business entity that hires a Worker.10
F.Fringe Benefit.An employment benefit given in addition to a Worker’s wages or salary.11
G.Independent Truck Owner/Operator (ITO).An individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the owner’s services to an entity which provides construction services to a public works project.12
1 Minn. Stat. 177.412Minn. Stat. 177.41 to 177.443Minn. Stat.177.21 to 177.354Minn. R. 5200.1000 to 5200.11205MnDOT Standard Specifications for Construction, Section 11036Minn. Stat. 178.011, Subdivision 27The American Heritage College Dictionary, Third Edition, 20008Minn. R. 5200.1106, Subpart 109Minn. R. 5200.1106, Subpart 2(D)10 Minn. Stat. 177.42, Subdivision 711The American Heritage College Dictionary, Third Edition, 200012Minn. R. 5200.1106, Subpart 7(A)
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H.Journeyworker.A person who has attained a level of skill, abilities, and competencies recognized within and industry as having mastered the skills and competencies required for the trade or occupation.13
I.Prime Contractor.An individual or business entity that enters into a Contract with the Department.14
J.Subcontract.A Contract that assigns some obligations of a prior Contract to another party.15
K.Substantially In Place.Mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited.16
L.Total Prevailing Wage Rate.The sum of the prevailing hourly “basic” and “fringe” rate that is established in a Wage Decision.
M.Trucking Broker (Broker).An individual or business entity, the activities of which include, but are not limited to: contracting to provide trucking services in the construction industry to users of such services, contracting to obtain such services from providers of trucking services, dispatching the
providers of the services to do Work as required by the users of the services, receiving payment fromthe users in consideration of the trucking services provided, and making payment to the providersfor the services.17
N.Trucking Firm/Multiple Truck Owner(MTO).Any legal business entity that owns more than one vehicle and hires the vehicles out for services to Trucking Brokers or Contractors on public worksprojects.18
O.Truck Rental Rate Schedule.A document prepared by the MnDLI through a Contractor survey process that identifies the required hourly Total Prevailing Wage Rate and operating cost for various types of trucks that perform hauling activities (Work) under a Contract that is funded in whole or in
part with state funds.
19
P.Wage Decision.A document prepared by the MnDLI through a Contractor survey process that identifies the required hourly basic rate of pay and hourly Fringe Benefits for various labor classifications that perform Work under a Contract that is funded in whole or in part with state
funds.20
Q.Work (Work).All construction activities associated with a public works project, including any required hauling activities on-the-site-of or to-or-from a public works project and conducted pursuant to a Contract, regardless of whether the construction activity or Work is performed by the PrimeContractor, subcontractor, Trucking Broker, Trucking Firm (MTO), ITO, independent contractor, or employee or agent of any of the foregoing entities.21
R.Worker (Laborer or Mechanic).A Worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications.22
III. APPLICATION & UNDERSTANDING
A.Provisions & Prevailing Wage Rates Apply.These provisions, along with the prevailing Wage Decision(s) that are incorporated into the Contract, apply to all Contractors contracting to do all or part of the Work.23
13 Minn. Stat.178.011, Subdivision 914Minn. R. 5200.1106, Subpart 2(C)15 The American Heritage College Dictionary, Third Edition, 200016Minn. R. 5200.1106, Subpart 5(C)17 Minn. R. 5200.1106, Subpart 7(C) 18 Minn. R. 5200.1106, Subpart 7(B)19 Minn. R. 5200.110520Minn. R. 5200.1020 to 5200.106021Minn. R. 5200.1106, Subpart 2(A)22 Minn. R. 5200.1106, Subpart 5(A)23 Minn. Stat. 177.44, Subdivision 1
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B.Truck Rental Rates Apply.The Truck Rental Rate Schedule incorporated into the Contract applies to all hired trucking entities that perform covered hauling activities related to the project.
24
C.Prevailing Wage Terms Must Be Included in All Contracts.The Prime Contractor is required toensure that all subcontractors performing Work receive the Contract Wage Decision(s), Truck Rental Rate Schedule, and a copy of these provisions with their written Subcontracts, agreements and/or
purchase orders.25
D.Responsible for Understanding All Requirements.Each Contractor is responsible for understanding all laws, rules, regulations, plans, and specifications that are incorporated physically, or by reference,into the Contract.26
E.E-Verify.For services valued in excess of $50,000, the Contractor certifies that as of the date of services performed on behalf of State, the Contractor will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work under the contract. The Prime Contractor is responsible to collect all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at
http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with the Prime Contractor and made available to the State upon request.
IV. VENDOR REGISTRATION
Vendor Registration Required.A Contractor that performs Work, supplies material, or product must be registered with MnDOT. The Contractor must complete and submit a vendor form27 to the MnDOTLCU28, along with all applicable documentation that is required. This registration process is separate and distinct from other state agency requirements.
V. LABOR CLASSIFICATIONS
A.Labor Classification Assignment.A Worker must be paid at least the Total Prevailing Wage Rate in the same or most similar trade or occupation.29 To determine the appropriate labor classification for a Worker, a Contractor must refer to the Wage Decision(s) incorporated into the Contract, the labor classification descriptions for laborers and special crafts established in Minnesota Rules or the United States Department of Labor’s Dictionary of Occupational Titles.30
B.Labor Classification Clarification & Disputes.A Contractor needing assistance in determining a labor classification must submit a Classification Clarification Request31 to the MnDOT LCU for a written decision. If the Contractor chooses to contest the classification assignment, it must provide written notice to the MnDOT LCU. The MnDOT LCU will forward the matter to the MnDLI for a final ruling.
C.Performing Work in Multiple Labor Classifications.For Workers performing Work in multiple labor classifications, the Contractor must compensate at a minimum the Total Prevailing Wage Rate,and report the hours worked, in each applicable labor classification.32
VI. WAGE DECISION(S) & WAGE RATE(S)
A.Applicability of a Highway and Heavy Wage Decision.A highway and heavy Wage Decisionapplies to a Worker that is engaged in a construction activity or performing Work to construct or maintain a highway or other public works project, such as a road, street, airport runway, bridge,
24 Minn. Stat. 177.44, Subdivision 325MnDOT Standard Specifications for Construction, Section 180126MnDOT Standard Specifications for Construction, Section 170127www.dot.state.mn.us/const/labor/documents/forms/contractorform2016.pdfor www.dot.state.mn.us/const/labor/documents/forms/truckvendorform2016.pdf28lcusupport.dot@state.mn.us29Minn. Stat. 177.44, Subdivision 130Minn. R. 5200.1101 and 1102 and US DOL Dictionary of Occupational Titles31http://www.dot.state.mn.us/const/labor/documents/forms/classification-clarification-request.pdf32Minn. Stat.177.44, Subdivision 1
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power plant, dam or utility33 that is external to a sheltered enclosure (structure). This includes, but is not limited to, the following Work: site clearing; grading; exca vating backfilling; paving; curbs; gutters; sidewalks; culverts; bridges; lighting systems; traffic management systems; installing of utilities out from an exterior meter; fuel islands; communication towers; or other activities similar to highway and/or heavy Work.
B.Applicability of a Commercial Wage Decision.A commercial Wage Decision applies to a Workerthat is engaged in a construction activity or performing Work to construct a sheltered enclosure (structure) with walk-in access for the purpose of housing persons, machinery, equipment or supplies.34 This includes, but is not limited to, the following Work: constructing foundations, aprons, stoops; framing walls; installing windows, doors, tiling, plumbing, electrical, HVAC systems;
roofing; installing utilities into the building from an exterior meter.
C.Pay According to Wage Decision(s).
1.Contract with One Wage Decision.If the Contract contains one Wage Decision, the Contractor must examine the Wage Decision and compensate the Worker at a minimum the Total Prevailing Wage Rate for the appropriate labor classification(s).
2.Contract with Multiple Highway/Heavy Wage Decisions.If the Contract contains multiple Highway/Heavy Wage Decisions, the Contractor must examine each Wage Decision and compensate the Worker, at a minimum, the Total Prevailing Wage Rate that is the greatest
35 for the appropriate labor classification(s).
3.Contract with Highway/Heavy and Commercial Wage Decision(s).If the Contract contains aHighway/Heavy and Commercial Wage Decision(s), the Contractor must first determine which Wage Decision is applicable to the Worker. The Contractor must then compensate the Worker,at a minimum, the Total Prevailing Wage Rate for the appropriate labor classification(s).
D.Must Pay Total Prevailing Wage Rate.A Contractor must compensate each Worker, at a minimum, the Total Prevailing Wage Rate(s) for all hours worked on the project for the appropriate labor classification(s).36
E.Missing Wage Rate.If a Wage Decision fails to include a wage rate for a labor classification(s) that will be utilized on a project, the Contractor must obtain a wage rate prior to furnishing an estimate,quote or bid.37
1.Wage Rate Request.A Contractor must complete a Request for Rate Assignment form
38 and submit it to the MnDOT LCU39 for processing.
2.No Contract Price Adjustment for Missing Wage Rate.If MnDLI determines that a higher wage rate applies, the Department will not reimburse the Contrac tor.
F.Salaried Worker.A salaried Worker is not exempt from these Provisions. A Contractor must convert the Worker’s salary to an average hourly rate of pay by dividing the Worker’s salary by the total number of hours Worked (government and non-government) during the pay period.40 A salaried Worker must be included on a CPR.
G.Reduction in Standard (Private) Contractual Regular Rate of Pay Prohibited.A Contractormust not reduce a Worker’s standard, contractual regular rate of pay when the prevailing wage rate(s) certified by the MnDLI is less.41
33 Minn. R. 5200.1010, Subdivision 334United States Department of Labor All Agency Memorandum #13035Minn. Stat.177.44, Subdivision 436Minn. Stat.177.44,Subdivision 137Minn. R. 5200.1030, Subpart 2a(C)38 http://www.dot.state.mn.us/const/labor/documents/forms/request-for-rate-assignment.doc39lcusupport.dot@state.mn.us40Refer to Appendix A41Minn. Stat.181.03, Subdivision 1(2)
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H.Prohibited Payment Practices.A Contractor is prohibited from taking (accepting) a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid.
I.Prohibited Deductions.No deductions, direct or indirect, may be made for the items listed below which when subtracted from wages would reduce the wages below Minnesota’s minimum wage rate as established in section 177.2442
1.Uniforms.Purchased or rented uniforms or specifically designed clothing that is required by the Employer, by the nature of employment, or by statute, or as a condition of employment, which is not generally appropriate for use except in that employment.
2.Equipment.Purchased or rented equipment used in employment, except tools of a trade, a motor vehicle, or any other equipment which may be used outside the employment. The cost of the Worker’s use of equipment used outside of employment, such as tools, a motor vehicle, cell phone, may be deducted only if an agreement between the Employer and employee existed prior to the deduction.
3.Supplies.Consumable supplies required in the course of employment.
4.Travel Expenses.Travel expenses in the course of employment except those incurred in traveling to and from the employee’s residence and place of employment.
VII. HOURS OF WORK
A.Work Performed Under the Contract.A Worker performing Work is subject to prevailing wagefor all hours associated with the Contract43, unless the Worker is exempt under state law.
44
B.Wait Time Subject to Prevailing Wage.A Worker who is required to remain on the project and is waiting to Work because of the fault of the Contractor is considered “engaged to wait” and subject to prevailing wage for the time spent, unless the Worker is completely relieved of duty and free to leave the project for a defined period of time.
VIII. FRINGE BENEFITS
A.Funded Fringe Benefit Plan Criteria.In order for a funded Fringe Benefit (e.g., health/medical insurance, disability insurance, life insurance, pension, etc.) to be considered and creditable towards the Total Prevailing Wage Rate it must be:45
1. a contribution irrevocably made by a Contractor on behalf of an Worker to a financially responsible trustee, third person, fund, plan, or program;
2. carried out under a financially responsible plan or program;
3. legally enforceable;
4. communicated in writing to the Worker;and
5. made available to the Worker once he/she has met all eligibility requirements.
B.Unfunded Fringe Benefit Plan Criteria.In order for a unfunded Fringe Benefit (e.g., vacation, holiday, sick leave, etc.) to be considered and creditable towards the Total Prevailing Wage Rate it must be:46
1. reasonably anticipated to provide a benefit;
2. a commitment that can be legally enforced;
42 Minn. Stat.177.24, Subdivision 4(1-4)43 Minn. Stat.177.44, Subdivision 144Minn. Stat.177.44, Subdivision 2 or Minn. R. 5200.1106, Subpart 4 45 Minn. Stat. 177.42, Subdivision 646Minn. Stat. 177.42, Subdivision 6
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3. carried out under a financially responsible plan or program;
4. communicated in writing to the Worker; and
5. made available to the Worker once he/she has met all eligibility requirements.
C.Fringe Benefit Contributions for Hours Worked.A Contractor that provides Fringe Benefits to a
Worker must make contributions, not less than quarterly
47, for all hours worked,
48 including overtime hours, unless it’s a defined benefit or contribution plan that provides for immediate participation andimmediate or essentially immediate vesting (see subpart D2 of this section).
D.Hourly Fringe Benefit Credit.An hourly Fringe Benefit credit toward the Total Prevailing Wage Rate must be determined separately for each Worker based on one or more of the following methods:
1.Monthly, Quarterly or Annual Computation Methods.A Contractor must compute its monthly, quarterly or annual cost of a particular Fringe Benefit and divide that amount by the estimated total number of hours worked (government and non-government) during the time frame
used.49 Typical plans that require monthly, quarterly or annual computations include but are not limited to: health/medical insurance, disability insurance, life insurance, vacation, holiday, sick leave and defined benefit or contribution pension plans that do not provide for immediate participation and immediate or essentially immediate vesting.
2.Fringe Benefit Credit not Requiring Monthly, Quarterly or Annual Computation Methods.A defined benefit or contribution pension plan that allows for a higher hourly rate of contribution for government work (prevailing wage) than non-government (non-prevailing wage) will be fully credited only if the plan provides for immediate participation and immediate or essentially immediate vesting.
E.Wages In Lieu of Fringe Benefits.A Contractor that does not provide full Fringe Benefits must compensate a Worker the difference between the Total Prevailing Wage Rate and the rate actually paid for the appropriate labor classification(s). The compensation paid is considered wages and subject to tax liabilities.
1.Overtime. The cash equivalent (wages paid) made in lieu of Fringe Benefits is excluded from the overtime calculation requirement, unless the cash equivalent (wages paid) is part of theWorker’s standard straight time wage.
F.Administrative Costs Not Creditable.Administrative expenses incurred by a Contractor in connection with the administration of a Bona Fide Fringe Benefit plan are not creditable towards the Total Prevailing Wage Rate.
G.Federal, State & Local Fringe Benefit Credit Prohibited.No credit is allowed for benefits required by federal, state or local law, such as: worker’s compensation, unemployment compensation, and social security contributions.50
IX. OVERTIME
A.Overtime after 8 Hours per Day or 40 Hours per Week.A Contractor must not permit or require a Worker to work longer than the prevailing hours of labor unless the Worker is paid for all hours in excess of the prevailing hours at a rate of at least 1.5 times the hourly basic rate of pay.51 The prevailing hours of labor is defined as not more than 8 hours per day and more than 40 hours per week.52
47 29 CRF, Part 5.5(a)(1)(i)48 Government and non-government Work49Refer to Appendix B50Minn. Stat. 177.42, Subdivision 651Minn. Stat. 177.44, Subdivision 1 and Refer to Appendix D52Minn. Stat. 177.42, Subdivision 4
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B.Wages in Lieu of Fringe Benefits Overtime.Wages paid in Lieu of Fringe Benefits must be paid for all hours worked under the contract.
C.Multiple Labor Classifications and Overtime.A Worker employed in multiple labor classifications throughout a workweek must be compensated at the applicable labor classification overtime rate in effect during the hours worked in excess of 8 hours per day or 40 hours per week.
D.Federal Fair Labor Standards Act (FLSA) and Overtime.A Contractor subject to the FLSA may be subject to additional overtime compensation requirements.
X. PAYROLLS AND STATEMENTS
A.Reporting.Each Contractor that is performing Work must submit a CPR(s) to the Department.
1.Payroll Report (Paper).Each Contractor performing Work must submit a paper (written) payroll report to the Department. The payroll report is available on the MnDOT LCU website.53
2.Statement of Compliance (Paper).Each Contractor’s paper (written) payroll report must include a paper (written) “Statement of Compliance Form”. The “Statement of Compliance Form” must: (1) state whether or not Fringe Benefits are provided to a Worker; (2) provide adescription of each benefit, the hourly contribution made on behalf of each Worker, along withfund/plan information; and (3) a signature attesting that the payroll and Fringe Benefit
information provided is truthful and accurate.54
3.Electronic Reporting.If the Contract is subject to electronic reporting, each Contractorperforming Work must submit a CPR(s) using the AASHTOWare, Civil Rights Labor (CRL)system. Refer tothe Special Provisions Division S – “Electronic Submission of Payrolls and
Statements”which is incorporated into and found elsewhere in the Contract for detailed requirements.
B.Biweekly Payroll Reporting and Payment of Wages.A CPR(s) must be submitted no later than 14calendar days after the end of each Contractor’s pay period55 to the Department. A Contractor must pay its employees at least once every 14 calendar days.56
C.Payroll Report Data.Each payroll report must include all Workers that performed Work and provide at a minimum the following information:
57
1. Contractor’s name, address, and telephone number.
2. State project number.
3. Contract number (if applicable).
4. Project number.
5. Payroll report number.
6. Project location.
7. Workweek end date.
8. Each Worker’s name, home address, and social security number.
58
9. Labor classification(s) title(s) and optional three-digit code for each Worker.
53 www.dot.state.mn.us/const/labor/certifiedpayroll.html54Minn. R. 5200.1106, Subpart 1055Minn. Stat. 177.43, Subdivision 356Minn. Stat. 177.30 (a)(4)57 Minn. Stat. 177.30 (a)(1-4) and Minn. R. 5200.1106, Subpart 10 58 Minn. R. 5200.1106, Subpart 10A & Minn. Stat. 13.355, Subdivision 1
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10. Hours worked daily and weekly in each labor classification, including overtime hours, for eachWorker.
11. Wage rate paid to each Worker for straight time and overtime.
12. Authorized legal deductions for each Worker.
13. Project gross amount, weekly gross amount, and net wages paid to each Worker.
D.Prime Contractorto Ensure Compliance.The Prime Contractor must review the CPR(s) submitted by each lower tier Contractor and sign the “Statement of Compliance Form”.59 The Prime Contractormust ensure that each lower tier Contractor’s CPR(s) include all Workers that performed Work and accurately reflect labor classifications, hours worked, regular and overtime rates of pay, gross
earnings for the project and Fringe Benefits.
60
E.Retention of CPR(s).The Prime Contractor must keep its written CPR(s), including those of all lower tier Contractors,for three (3) years after the final payment is issued.61
F.Retention of Employment-Related Records.Each Contractor must keep employee records,including, but not limited to: Fringe Benefit statements, time cards, payroll ledgers, check registers and canceled checks62 for at least three (3) years after the finalpayment is issued.
63 Other laws may have longer retention requirements.
G.Detailed Earning Statement.At the end of each pay period, each Contractor must provide everyWorker, in writing or by electronic means, an accurate, detailed earnings statement.64
H.Reports and Records Request.Upon a request from the Department, the Prime Contractor must promptly furnish copies of CPR(s) for its Workers and those of all lower tier Contractors, along with employment-related records, documents, and agreements that the Department considers necessary to determine compliance.65
XI. APPRENTICES, TRAINEES AND HELPERS
A.Apprentice.An Apprentice will be permitted to Work at less than the prevailing basic hourly rate only if the Apprentice is:
1. Registered with the U.S. Department of Labor (DOL), Bureau of Apprenticeship and Training or MnDLI Division of Voluntary Apprenticeship.66
2. Performing Work of the trade, as described in the apprenticeship agreement.
3. Compensated according to the rate specified in the program for the level of progress.67
4. Supervised by a Journeyworker from the same company, in accordance with the program ratiorequirements.68
B.Ratio Requirement.If an approved apprenticeship program fails to define a ratio allowance, the first Apprentice must be supervised by a Journeyworker within the same trade or occupation. Anysubsequent Apprentice must be supervised by an additional three Journeyworkers.69
59 MnDOT Standard Specifications for Construction, Section 170160MnDOT Standard Specifications for Construction, Section 180161Minn. Stat. 177.30 (a)(5)62 Minn. R. 5200.1106, Subpart 1063Minn. Stat.177.30 (a)(5)64 Minn. Stat. 181.03265Minn. Stat.177.44, Subdivision 7; Minn. Stat. 177.33(a)(5)66 Minn. R. 5200.1070, Subpart 1 67 Minn. R. 5200.1070, Subpart 1 and Refer to Appendix C68Minn. Stat. 178.036, Subdivision 569Minn. Stat.178.036, Subdivision 5
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C.Failure to Comply with Apprenticeship Requirements.If a Contractor fails to demonstrate compliance with the terms established in this section, the Contractor must compensate the Apprenticenot less than the applicable Total Prevailing Wage Rate for the actual classification of laborperformed.70
D.Trainee and Helper.A trainee or helper is not exempt from prevailing wage under state law. The Contractor must assign the trainee or helper a labor classification that is the "same or most similar"71
and compensate the trainee or helper for the actual Work performed regardless of the trainee’s or helper’s skill level.
XII. INDEPENDENT CONTRACTORS, OWNERS, SUPERVISORS, AND FOREMAN
A.Independent Contractor.An independent contractor (IC) that is not an Independent Truck Owner/Operator (ITO), who is performing Work must be properly classified and compensated.72 The IC must submit a CPR(s) to the Department. If the IC does not receive an hourly wage, but instead a weekly, biweekly, monthly or quarterly distribution for performance, the IC must calculate its hourly rate of pay by dividing the weekly, biweekly, monthly, or quarterly company distribution by all hours worked during that time frame and report the information on a CPR. If necessary, the Departmentmay request documentation from the IC to determine how the hourly wage rate was calculated.73
B.Owners, Supervisors and Foreman.An owner, supervisor, or foreman performing Work is subject to prevailing wage and must be properly classified, compensated and reported.74
XIII. TRUCKING
A.Covered Hauling Activities.A Contractor must ensure that all Workers, including hired Trucking Brokers, MTOs and ITOs are paid the applicable Total Prevailing Wage Rate or truck rental rate for the following Work:
1. The hauling of any or all stockpiled or excavated materials on the project worksite to other locations on the same project even if the truck leaves the work site at some point.75
2. The delivery of materials from a non-commercial establishment to the project and the return haul to the starting location either empty or loaded.76
3. The delivery of materials from another construction project site to the public works project and the return haul, either empty or loaded. Construction projects are not considered commercial
establishments.77
4. The hauling required to remove any materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment.78
5. The delivery of materials or products by trucks hired by a Contractor, subcontractor, or agent thereof, from a commercial establishment.79
6. The delivery of sand, gravel, or rock, by or for a commercial establishment, which is deposited “substantially in place,” either directly or through spreaders from the transporting vehicles is work under the contract. In addition, the return haul to the off-site facility empty or loaded is also
considered work under the contract.80
70 Minn. R. 5200.1070, Subpart 371Minn. Stat. 177.44, Subdivision 172Minn. Stat.177.44, Subdivision 173Minn. Stat. 177.30(a)(5); Minn. Stat. 181.72374Minn. Stat.177.44, Subdivision 175Minn. R. 5200.1106, Subpart 3B(1)76 Minn. R. 5200.1106, Subpart 3B(2)77 Minn. R. 5200.1106, Subpart 3B(3)78 Minn. R. 5200.1106, Subpart 3B(4)79 Minn. R. 5200.1106, Subpart 3B(5)80 Minn. R. 5200.1106, Subpart 3B(6)
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B.Hauling Activities Not Subject to Prevailing Wage or Truck Rental Rates.A Contractor may exclude a Worker, including hired Trucking Brokers, MTOs and ITOs from prevailing wage or truck rental rates for the Work described in (1-2) of this section. However, this Work may be consideredhours worked and subject to standard compensation pursuant to the Minnesota Fair Labor Standards Act.
1. The delivery of processed or manufactured goods to a public works project by the employees of a commercial establishment including truck owner-operators hired by and paid by the commercial establishment, unless it is the delivery of mineral aggregate that is incorporated into the work under the contract by depositing the material substantially in place.81
2. The delivery of oil offsite, as an example, to a Prime Contractor’s permanent (commercial) asphalt mixing facility that is not to, from, or on the project Work site.
82
C.Repair, Maintenance & Waiting to Load Time.An ITO and MTO must be paid the truck rental rate for time spent repairing or maintaining the truck owner-operator’s equipment, and for waiting to load or unload if the repair, maintenance, or wait time is the fault of the Trucking Broker, Contractor,
its agent or employees.
83
D.Month End Trucking Report.A Contractor that acquires the services of an ITO or MTO must submit a “MnDOT – MTO and/or ITO Month-End Trucking Report”, and a “MnDOT – Month-End Trucking Statement of Compliance Form” to the Department for each month hauling activities are
performed under the Contract.84 The forms are available on the MnDOT LCU website.
85
E.Broker Fee.A truck broker contracting to provide trucking services directly to a prime contractor or subcontractor is allowed to assess a broker fee.
XIV. OFF-SITE FACILITIES
A.Off-Site Facility Activities Subject to Prevailing Wage.A Contractor must ensure that all Workersperforming Work at a covered off-site facility are paid the applicable Total Prevailing Wage Rate for the following Work:
1. The processing or manufacturing of material at a Prime Contractor’s off-site facility that is not a separately held commercial establishment.
86
2. The processing or manufacturing of material at an off-site facility that is not considered a commercial establishment.87
B.Off-Site Facility Activities Not Subject to Prevailing Wage.A Contractor may exclude a Worker from prevailing wage for the following work:
1. The processing or manufacturing of material or products by or for a commercial establishment.88
2. The work performed by Workers employed by the owner or lessee of a gravel or borrow pit that is a commercial establishment, even if the screening, washing or crushing machines are portable.89
XV. SUBCONTRACTING PART OF THE CONTRACT
81 Minn. R. 5200.1106, Subpart 4(C)82 J.D. Donovan, Inc. vs. Minnesota Department of Transportation, 878 N.W.2d 1 (2016)83 Minn. R. 5200.1106, Subpart 8(A)(1)84 Minn. R. 5200.1106, Subpart 1085http://www.dot.state.mn.us/const/labor/forms.html86ALJ Findings of Fact, Conclusions of Law, and Recommendation, Conclusions (7), Case #12-3000-11993-287Minn. R. 5200.1106, Subpart 3(A)88 Minn. R. 5200.1106, Subpart 4(A)89 Minn. R. 5200.1106, Subpart 4(B)
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The Prime Contractor must include the Contract Special Provisions, Wage Decision(s) and Truck Rental Rate Schedule in all Subcontracts, agreements and purchase orders with lower tier Contractors.
90 This requirement also applies to all lower tier subcontractors.
XVI. SITE OF WORK REQUIREMENTS
A.Poster Board.The Prime Contractor must construct and display a poster board containing all required posters. The poster board must be accurate, legible, and accessible to all project Workersfrom the first day of Work until the project is one hundred percent (100%) complete.
91 A poster board at an off-site location, or inside a construction trailer, does not meet this requirement.
B.How to Obtain a Poster Board.The Prime Contractor may obtain the required posters and the necessary contact information that is required to be inserted on each poster by visiting the MnDOT LCU website.92
C.Employee Interviews.The Contractor must permit representatives from the Department or other governmental entities93 to interview Workers at any time during working hours on the project.94
XVII. CHILD LABOR
A.No Worker under the Age of 18.No Worker under the age of 18 is allowed to perform Work on aProject Site, except pursuant to Section XVII B below.
95
B.Parental Supervision.A Worker under the age of 18 may perform Work on a Project Site if all of the following criteria are met:
1. The Contractor (Employer) is not subject to FLSA.
2. The Worker is employed in a corporation owned solely by one or both parents.
3. The Worker is supervised by the parent(s).
4. The Worker is not working in a hazardous occupation.
96
C.Removal of Minor from Project.The Engineer or inspector may remove a Worker that appears to be under the age of 18 from the Project Site until the Contractor or Worker can demonstrate proof of age and compliance with all applicable federal and state regulations.97
XVIII. NON-COMPLIANCE AND ENFORCEMENT
A.Case-by-Case Enforcement.The Department has the authority to enforce the prevailing wage law on a case-by-case.98
B.Prime ContractorResponsible for Unpaid Wages.The Prime Contractor will be held liable for any unpaid wages to its Workers or those of any lower tier Contractor.99
C.Enforcement Options.If evidence shows that a Contractor has violated prevailing wage requirements, or these Special Provisions, the Department may, after written notice, implement one or more of the following:
90 MnDOT Standard Specifications for Construction, Section 180191Minn. Stat. 177.44, Subdivision 592www.dot.state.mn.us/const/labor/posterboards93MnDLI, U.S. DOL, , U.S. Department of Transportation, Federal Highways Administration94MnDOT Standard Specifications for Construction, Section 151195Minn. R. 5200.0910, Subpart F; 29 CFR Part 570.2(a)(ii)96 Minn. R. 5200.0930, Subpart 497Minn. Stat. 181A.06, Subdivision 4; MnDOT Standard Specifications for Construction, Section 170198SeeInternational Union of OperatingEngineers, Local 49 v. MnDOT, No. C6-97-1582, 1998 WL 74281, at *2 (Minn. App. Feb. 24, 1998)99 MnDOT Standard Specifications for Construction, Section 1801
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1.Withholding Payment.The Department may withhold from the Prime Contractor payments relating to prevailing wage underpayments.100
2.Non-Responsible Contractor.The Department may reject a bid from a Prime Contractor that has received two (2) or more Determination Letters within a three (3) year period from the Department finding an underpayment by the Contractor to its own employees.101
3.Default.The Department may take the prosecution of the Work out of the hands of the PrimeContractor, place the Contractor in default, and terminate the Contract for failure to comply.
102
4.Suspension or Debarment.The Department may refer violations and matters of non-compliance by a Contractor to the Minnesota Department of Administration for suspension or debarment proceedings.103
5.County Attorney.The Department may refer suspected criminal violations by Contractor to the appropriate local county attorney for prosecution.104
6.Financial Penalties.Any Contractor who violates the state prevailing wage law is guilty of a misdemeanor and may be fined not more than $300 or imprisoned not more than 90 days or both. Each day that the violation continues is a separate offense.105 A Contractor may be fined up to $1,000 for each failure to maintain records.106
7.False Claims Act Violation.All required payroll and certification reports are legal documents; knowing falsification of the documents by a Contractor may result in civil action and/or criminal prosecution107 and may be grounds for debarment proceedings.108
8.Compliance Order.The Department may request that MnDLI issue a compliance order to a Contractor for violations of the state prevailing wage law. If the Contractor is found to have committed a violation, liquidated damages and other costs may be assessed against the
Employer.109
9.Private Right of Action.The Department may direct an employee to pursue a civil action in district court against its Employer for failure to comply with the proper payment of wages.110 Ifthe Employer is found to have committed a violation, liquidated damages and other costs may be
assessed against the Employer.111
10.Fringe Benefits; Misdemeanor.A Contractor that is obligated to deposit Fringe Benefitcontributions on behalf of a Worker into a financially responsible trustee, third person, fund, plan, or program and fails to make timely contributions is guilty of a gross misdemeanor or otherviolations under federal law.
112
100 MnDOT Standard Specifications for Construction, Section 1906101Minn. Stat. 16C.285102MnDOT Standard Specifications for Construction, Section 1808103Minn. R. 1230.1150, Subpart 2(A)(4)104 Minn. Stat. 177.44, Subdivision 7105Minn. Stat. 177.44, Subdivision 6106Minn. Stat. 177.30(b)107 Minn. Stat. 15C.02; , Minn. Stat. 161.315; Minn. Stat. 177.32; Minn. Stat. 177.43, Subdivision 5, Minn. Stat. 609.63108Minn. Stat. 161.315 and Minn. Stat. 609.63109Minn. Stat. 177.43, Subdivision 6a110Minn. Stat. 177.27, Subdivision 8111Minn. Stat. 177.27, Subdivision 10112Minn. Stat. 181.74, Subdivision 1
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THE FOLLOWING APPENDICES ARE FOR
EXPLANATORY PURPOSES ONLY.
FOR SPECIFIC QUESTIONS, PLEASE CONTACT LCU.113
APPENDIX A SALARIED WORKER WAGE COMPUTATION
Salaried Workers.In order to convert the Worker’s salary into an hourly rate of pay, divide the employee’s weekly, bi-weekly or monthly earnings by the total number of hours Worked (government and non-government), including overtime hours for the time period used.114
$800.00 (weekly salary) / 40 (total weekly hours) = $20.00
$1,600.00 (bi-weekly salary) / 80 (total bi-weekly hours) = $20.00
$3,200.00 (monthly salary) / 160 (total monthly hours) = $20.00
APPENDIXB FRINGE BENEFITCREDIT
Fringe Benefit Credit Calculation.The Employer contributes monthly ($600.00) for medical insuranceon behalf of a Worker. In order to calculate the projected hourly credit that the Employer can take, the Employer should: (1) add the monthly contributions for each Worker, (2) multiply by twelve (12) months,and (3) divide the total cost of the benefit by the total hours worked (government and non-government)115
(see annual example below). Quarterly and monthly examples are also provided.
Annual: ($600.00) x (12 months) = $7,200.00
($7,200.00) / (2080 hours) = $3.46 per hour credit
Quarterly: ($600.00) x (3 months) = $1,800.00
($1,800.00) / (520 hours) = $3.46per hour credit
Monthly: ($600.00) x (1 month) = $600.00
($600.00) / (173 hours) = $3.47per hour credit
End of Year Self-Audit.At the end of the calendar year, the Contractor must conduct an audit to determine if the hourly fringe benefit credit taken for each Worker was accurate. The Contractor mustcalculate the total annual fringe benefits paid on behalf of each Worker and divide that amount by the
total number of hours worked (government and non-government) by that Worker. If the hourly fringe benefit credit was less than what was reported on a CPR, the contractor must compensate the Worker the hourly difference, multiplied by the total hours worked under the Contract.
APPENDIXC APPRENTICERATE OF PAY
State Requirements.The Apprentice must be compensated according his/her level of progress, which is expressed as a percentage of the Journeyworker wage that is established in the program.
JourneyworkerWage Established in Program = $25.00
Apprentice Level of Progress = 60%
($25.00) * (.60) = $15.00
113 lcusupport.dot@state.mn.usor (651) 366-4238114United States Department of Labor Field Operation Handbook, Section 15f08115United States Department of Labor Field Operation Handbook, Section 15f12
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APPENDIXD PREVAILING WAGE OVERTIME CALCULATION
Overtime Hourly Rate of Pay.Here is the formula to calculate the required minimum overtime.116
OT = (PW * .5) + (HW) + (RF) + (F)
Definition of OT Acronyms
OT: overtime.
PW: the basic hourly prevailing wage rate established in a federal and/or state prevailing Wage Decision.
HW: hourly wage rate paid to a Worker.
RF: remaining fringe, which means the difference between the Contract hourly Fringe Benefit rate and the actual hourly Fringe Benefit rate paid by the Contractor to a third party on behalf of a Worker.
F: Fringe Benefit contributions that are bona-fide and contributed by an Employer to a third party on
behalf of a Worker.
The Total Prevailing Wage Rate for a Worker is $30.00, which is comprised of an hourly basic rate of $20.00 and an hourly fringe rate of $10.00. The table below includes various hourly basic and Fringe Benefit payments that a Contractor could potentially make to a Worker.
OT CALCULATION FORMULA AND EXAMPLES
OT = (PW * .5) + (HW) + (RF) + (F)
Hourly
Wage
Paid
Fringe
Benefits
Paid
Payment To Employee Fringe
Payment
Total
Payment
(PW * .5) + (HW) + (RF) + (F) = OT
$ 20.00 $ 10.00 ($ 20.00 * .5) + ($ 20.00) + ($ 0.00) = $ 30.00 + $ 10.00 = $ 40.00
$ 18.00 $ 12.00 ($ 20.00 * .5) + ($ 18.00) + ($ 0.00) = $ 28.00 + $ 12.00 = $ 40.00
$ 22.00 $ 8.00 ($ 20.00 * .5) + ($ 22.00) + ($ 0.00) = $ 32.00 + $ 8.00 = $ 40.00
$ 30.00 $ 0.00 ($ 20.00 * .5) + ($ 30.00) + ($ 0.00) = $ 40.00 + $ 0.00 = $ 40.00
$ 24.00 $ 4.00 ($ 20.00 * .5) + ($ 24.00) + ($ 2.00) = $ 36.00 + $ 4.00 = $ 40.00
Regarding the last example the Contractor would be required to pay an additional $2.00 to the Worker,which is wages in lieu of fringe for a straight time hourly rate of $26.00 not $24.00.
A Contractor subject to the Fair Labor Standards Act (FLSA) may be subject to additional
overtime compensation requirements.
116 United States Department of Labor Field Operation Handbook, Section 15k
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NOTICE TO BIDDERS
Minnesota Statutes require prompt payment to subcontractors:
Minn. Stat. § 471.425 PROMPT PAYMENT OF LOCAL GOVERNMENT BILLS.
Subdivision 1.Definitions.For the purposes of this section, the following terms have the meanings here given them.
. . . (d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the Metropolitan Council or
any board or agency created under chapter 473.
. . . Subd. 4a.Prompt payment to subcontractors. Each contract of a municipality must require the
prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment
from the municipality for undisputed services provided by the subcontractor. The contract must require
the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor
on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime
contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
action to collect interest penalties from a prime contractor must be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
Minn. Stat. § 15.72 PROGRESS PAYMENTS ON PUBLIC CONTRACTS; RETAINAGE.
. . . Subd. 2.Retainage.. . . (c) A contractor on a public contract for a public improvement must pay all
remaining retainage to its subcontractors no later than ten days after receiving payment of retainage from
the public contracting agency, unless there is a dispute about the work under a subcontract. If there is a
dispute about the work under a subcontract, the contractor must pay out retainage to any subcontractor
whose work is not involved in the dispute, and must provide a written statement detailing the amount and
reason for the withholding to the affected subcontractor.
This Page Left Blank Intentionally
MINNESOTA DEPARTMENT OF TRANSPORTATION
NOTICE TO BIDDERS
SUSPENSIONS/DEBARMENTS
Do not use suspended or debarred parties as subcontractors or material suppliers on this project.
Both the federal government and the State of Minnesota suspend and debar vendors. Review the lists of
suspended and debarred vendors when submitting a bid and when submitting a request to sublet.
State Suspensions and Debarments.
To review the list of parties suspended and debarred by the State of Minnesota, go to this website:
http://www.mmd.admin.state.mn.us/debarredreport.asp . This list includes parties suspended and
debarred by the Minnesota Department of Transportation and the Minnesota Department of
Administration.
Federal Suspensions and Debarments.
The federal government maintains a website listing suspended and debarred parties. You do not need a
username or password to use the search functions on the website. You can either search for specific
entity names, or see a list of parties suspended and debarred by the Federal Highway Administration.
To search the status of a particular vendor, follow this process:
First, go to the System for Awards Management (SAM) website: https://www.sam.gov (requires
Internet Explorer version 11 or higher, or another supported browser such as Chrome).
Next, click on the “Search Records” icon.
Next, enter the potential subcontractor or supplier’s name in the “Quick Search” box and click the
“search” button.
To view a list of all entities suspended or debarred by the Federal Highway Administration, follow this
process:
First, go to the System for Awards Management (SAM) website: https://www.sam.gov (requires Internet
Explorer version 11 or higher, or another supported browser such as Chrome).
Next, click on the “Search Records” icon.
Next, click on the “Advance Search – Exclusion” tab.
Next, click on the “single search” icon and a search form will pop up.
Next, go to the “Agency” field on the search page and select “Federal Highway Administration” from the
drop-down list.
Next, click the “search” button, and the list of suspended and debarred parties will appear.
July 26, 2018
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Wage Determination Schedule
LAKMO 161595 00 73 44 - 1
DOCUMENT 00 73 44
WAGE DETERMINATION SCHEDULE
PART 1 GENERAL
1.01 PREVAILING WAGES
A. Highway and Heavy Prevailing Wage
B. Truck Rental Rates
MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS
THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE
Construction Type: Highway and Heavy
Region Number: 09
Counties within region:
ANOKA-02•
CARVER-10•
CHISAGO-13•
DAKOTA-19•
HENNEPIN-27•
RAMSEY-62•
SCOTT-70•
WASHINGTON-82•
Effective: 2021-11-01 Revised: 2021-11-15
This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project.
All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Note:
Overtime pay after eight (8) hours on the project must be paid even if the worker does not exceed forty (40) hours in the work week.
Violations on MnDOT highways and road projects should be reported to:
Department of Transportation
Office of Construction
Transportation Building MS650
John Ireland Blvd
St. Paul, MN 55155
(651) 366-4209
All other prevailing wage violations and questions should be sent to:
Department of Labor and Industry
Prevailing Wage Section
443 Lafayette Road N
St Paul, MN 55155
(651) 284-5091
DLI.PrevWage@state.mn.us
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
LABORERS (101 - 112) (SPECIAL CRAFTS 701 - 730)
101 LABORER, COMMON (GENERAL
LABOR WORK)
2021-11-01 35.50 21.84 57.34
2022-05-01 37.00 22.39 59.39
102 LABORER, SKILLED (ASSISTING
SKILLED CRAFT JOURNEYMAN)
2021-11-01 35.50 21.84 57.34
2022-05-01 37.00 22.39 59.39
1
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
103 LABORER, LANDSCAPING
(GARDENER, SOD LAYER AND
NURSERY OPERATOR)
2021-11-01 25.75 18.70 44.45
2022-05-01 26.89 19.31 46.20
104 FLAG PERSON 2021-11-01 35.50 21.84 57.34
2022-05-01 37.00 22.39 59.39
105 WATCH PERSON 2021-11-01 32.10 21.29 53.39
2022-05-01 33.60 21.84 55.44
106 BLASTER 2021-11-01 22.08 6.87 28.95
107 PIPELAYER (WATER, SEWER AND
GAS)
2021-11-01 39.00 21.84 60.84
2022-05-01 40.50 22.39 62.89
108 TUNNEL MINER 2021-11-01 37.00 21.84 58.84
2022-05-01 38.50 22.39 60.89
109 UNDERGROUND AND OPEN DITCH
LABORER (EIGHT FEET BELOW
STARTING GRADE LEVEL)
2021-11-01 37.00 21.84 58.84
2022-05-01 38.50 22.39 60.89
110 SURVEY FIELD TECHNICIAN
(OPERATE TOTAL STATION, GPS
RECEIVER, LEVEL, ROD OR RANGE
POLES, STEEL TAPE
MEASUREMENT; MARK AND
DRIVE STAKES; HAND OR POWER
DIGGING FOR AND
IDENTIFICATION OF MARKERS OR
MONUMENTS; PERFORM AND
CHECK CALCULATIONS; REVIEW
AND UNDERSTAND
CONSTRUCTION PLANS AND LAND
SURVEY MATERIALS). THIS
CLASSIFICATION DOES NOT APPLY
TO THE WORK PERFORMED ON A
PREVAILING WAGE PROJECT BY A
LAND SURVEYOR WHO IS
LICENSED PURSUANT TO
MINNESOTA STATUTES, SECTIONS
326.02 TO 326.15.
2021-11-01 35.50 21.84 57.34
2022-05-01 37.00 22.39 59.39
111 TRAFFIC CONTROL PERSON
(TEMPORARY SIGNAGE)
2021-11-01 35.50 21.84 57.34
2
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
2022-05-01 37.00 22.39 59.39
112 QUALITY CONTROL TESTER (FIELD
AND COVERED OFF-SITE
FACILITIES; TESTING OF
AGGREGATE, ASPHALT, AND
CONCRETE MATERIALS); LIMITED
TO MN DOT HIGHWAY AND HEAVY
CONSTRUCTION PROJECTS WHERE
THE MN DOT HAS RETAINED
QUALITY ASSURANCE
PROFESSIONALS TO REVIEW AND
INTERPRET THE RESULTS OF
QUALITY CONTROL TESTERS.
SERVICES PROVIDED BY THE
CONTRACTOR.
2021-11-01 16.28 4.07 20.35
SPECIAL EQUIPMENT (201 - 204)
201 ARTICULATED HAULER 2021-11-01 40.04 22.55 62.59
2022-05-02 41.29 23.45 64.74
202 BOOM TRUCK 2021-11-01 40.04 22.55 62.59
2022-05-02 41.29 23.45 64.74
203 LANDSCAPING EQUIPMENT,
INCLUDES HYDRO SEEDER OR
MULCHER, SOD ROLLER, FARM
TRACTOR WITH ATTACHMENT
SPECIFICALLY SEEDING, SODDING,
OR PLANT, AND TWO-FRAMED
FORKLIFT (EXCLUDING FRONT,
POSIT-TRACK, AND SKID STEER
LOADERS), NO EARTHWORK OR
GRADING FOR ELEVATIONS
2021-11-01 25.75 18.70 44.45
2022-05-01 26.89 19.31 46.20
204 OFF-ROAD TRUCK 2021-11-01 40.04 22.55 62.59
205 PAVEMENT MARKING OR
MARKING REMOVAL EQUIPMENT
(ONE OR TWO PERSON
OPERATORS); SELF-PROPELLED
TRUCK OR TRAILER MOUNTED
UNITS.
2021-11-01 32.04 21.96 54.00
HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR
GROUP 2 2021-11-01 40.89 22.55 63.44
3
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
2022-05-02 42.14 23.45 65.59
302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY)
303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY)
304 ALL CRANES WITH OVER 135-FOOT BOOM, EXCLUDING JIB (HIGHWAY AND HEAVY ONLY)
305 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR OTHER SIMILAR
EQUIPMENT WITH SHOVEL-TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURER.S
RATED CAPACITY INCLUDING ALL ATTACHMENTS. (HIGHWAY AND HEAVY ONLY)
306 GRADER OR MOTOR PATROL
307 PILE DRIVING (HIGHWAY AND HEAVY ONLY)
308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY)
GROUP 3 2021-11-01 40.34 22.55 62.89
2022-05-02 41.59 23.45 65.04
309 ASPHALT BITUMINOUS STABILIZER PLANT
310 CABLEWAY
311 CONCRETE MIXER, STATIONARY PLANT (HIGHWAY AND HEAVY ONLY)
312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY)
313 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR SIMILAR
EQUIPMENT WITH SHOVEL-TYPE CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED
CAPACITY INCLUDING ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY)
314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER
315 FRONT END LOADER, FIVE CUBIC YARDS AND OVER INCLUDING ATTACHMENTS. (HIGHWAY AND
HEAVY ONLY)
316 LOCOMOTIVE CRANE OPERATOR
317 MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING MUCKING OPERATIONS, CONWAY OR
SIMILAR TYPE
318 MECHANIC . WELDER ON POWER EQUIPMENT (HIGHWAY AND HEAVY ONLY)
319 TRACTOR . BOOM TYPE (HIGHWAY AND HEAVY ONLY)
320 TANDEM SCRAPER
321 TRUCK CRANE . CRAWLER CRANE (HIGHWAY AND HEAVY ONLY)
322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY)
GROUP 4 2021-11-01 40.04 22.55 62.59
2022-05-02 41.29 23.45 64.74
323 AIR TRACK ROCK DRILL
324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY)
325 BACKFILLER OPERATOR
326 CONCRETE BATCH PLANT OPERATOR (HIGHWAY AND HEAVY ONLY)
327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER)
328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING
AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON)
329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS
330
4
CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND
SCRAPERS
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
331 CHIP HARVESTER AND TREE CUTTER
332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT
MACHINE, AND SPRAY MACHINE
333 CONCRETE MIXER ON JOBSITE (HIGHWAY AND HEAVY ONLY)
334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY)
335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT
336 CURB MACHINE
337 DIRECTIONAL BORING MACHINE
338 DOPE MACHINE (PIPELINE)
339 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL (HIGHWAY AND HEAVY ONLY)
340 DUAL TRACTOR
341 ELEVATING GRADER
342 FORK LIFT OR STRADDLE CARRIER (HIGHWAY AND HEAVY ONLY)
343 FORK LIFT OR LUMBER STACKER (HIGHWAY AND HEAVY ONLY)
344 FRONT END, SKID STEER OVER 1 TO 5 C YD
345 GPS REMOTE OPERATING OF EQUIPMENT
346 HOIST ENGINEER (POWER) (HIGHWAY AND HEAVY ONLY)
347 HYDRAULIC TREE PLANTER
348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE)
349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY)
350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE
351 MULTIPLE MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES, GENERATORS, PUMPS
(HIGHWAY AND HEAVY ONLY)
352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE
353 PICKUP SWEEPER, ONE CUBIC YARD AND OVER HOPPER CAPACITY(HIGHWAY AND HEAVY ONLY)
354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE
355 POWER PLANT ENGINEER, 100 KWH AND OVER (HIGHWAY AND HEAVY ONLY)
356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES
357 PUGMILL
358 PUMPCRETE (HIGHWAY AND HEAVY ONLY)
359 RUBBER-TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY
ONLY)
360 SCRAPER
361 SELF-PROPELLED SOIL STABILIZER
362 SLIP FORM (POWER DRIVEN) (PAVING)
363 TIE TAMPER AND BALLAST MACHINE
364 TRACTOR, BULLDOZER (HIGHWAY AND HEAVY ONLY)
365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND
HEAVY ONLY)
366 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER (HIGHWAY AND
HEAVY ONLY)
5
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
367 TUB GRINDER, MORBARK, OR SIMILAR TYPE
368 WELL POINT DISMANTLING OR INSTALLATION (HIGHWAY AND HEAVY ONLY)
GROUP 5 2021-11-01 37.00 22.55 59.55
2022-05-02 38.25 23.45 61.70
369 AIR COMPRESSOR, 600 CFM OR OVER (HIGHWAY AND HEAVY ONLY)
370 BITUMINOUS ROLLER (UNDER EIGHT TONS)
371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED)
372 FORM TRENCH DIGGER (POWER)
373 FRONT END, SKID STEER UP TO 1C YD
374 GUNITE GUNALL (HIGHWAY AND HEAVY ONLY)
375 HYDRAULIC LOG SPLITTER
376 LOADER (BARBER GREENE OR SIMILAR TYPE)
377 POST HOLE DRIVING MACHINE/POST HOLE AUGER
378 POWER ACTUATED AUGER AND BORING MACHINE
379 POWER ACTUATED JACK
380 PUMP (HIGHWAY AND HEAVY ONLY)
381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR)
382 SHEEP FOOT COMPACTOR WITH BLADE . 200 H.P. AND OVER
383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLED SAND AND
CHIP SPREADER
384 STUMP CHIPPER AND TREE CHIPPER
385 TREE FARMER (MACHINE)
GROUP 6 2021-11-01 35.79 22.55 58.34
2022-05-02 37.04 23.45 60.49
387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER
388 CONVEYOR (HIGHWAY AND HEAVY ONLY)
389 DREDGE DECK HAND
390 FIRE PERSON OR TANK CAR HEATER (HIGHWAY AND HEAVY ONLY)
391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING)
392 GREASER (TRACTOR) (HIGHWAY AND HEAVY ONLY)
393 LEVER PERSON
394 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING MACHINES, OR
OTHER SIMILAR HEAVY EQUIPMENT) (HIGHWAY AND HEAVY ONLY)
395 POWER SWEEPER
396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS
397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING
TRUCK DRIVERS
6
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
GROUP 1 2021-11-01 31.25 17.50 48.75
601 MECHANIC . WELDER
602 TRACTOR TRAILER DRIVER
603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED
WINCHES)
GROUP 2 2021-11-01 30.70 17.50 48.20
604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK
GROUP 3 2021-11-01 30.60 17.50 48.10
605 BITUMINOUS DISTRIBUTOR DRIVER
606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION)
607 THREE AXLE UNITS
GROUP 4 2021-11-01 23.90 6.91 30.81
608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER)
609 DUMP PERSON
610 GREASER
611 PILOT CAR DRIVER
612 RUBBER-TIRED, SELF-PROPELLED PACKER UNDER 8 TONS
613 TWO AXLE UNIT
614 SLURRY OPERATOR
615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER)
616 TRACTOR OPERATOR, UNDER 50 H.P.
SPECIAL CRAFTS
701 HEATING AND FROST INSULATORS 2021-11-01 47.10 24.40 71.50
702 BOILERMAKERS 2021-11-01 40.94 29.28 70.22
2022-01-01 42.64 29.28 71.92
703 BRICKLAYERS 2021-11-01 36.05 19.68 55.73
704 CARPENTERS 2021-11-01 40.05 26.04 66.09
2022-05-03 42.20 26.04 68.24
705 CARPET LAYERS (LINOLEUM) FOR RATE CALL 651-284-5091 OR EMAIL
DLI.PREVWAGE@STATE.MN.US
706 CEMENT MASONS 2021-11-01 41.20 23.47 64.67
7
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
2022-05-01 43.25 23.47 66.72
707 ELECTRICIANS 2021-11-01 47.94 31.76 79.70
2022-05-01 50.49 31.76 82.25
711 GROUND PERSON 2021-11-01 34.48 17.92 52.40
2022-04-03 35.60 18.55 54.15
712 IRONWORKERS 2021-11-01 39.35 31.80 71.15
713 LINEMAN 2021-11-01 49.26 22.29 71.55
2022-04-03 50.86 23.06 73.92
714 MILLWRIGHT 2021-11-01 38.23 29.18 67.41
715 PAINTERS (INCLUDING HAND
BRUSHED, HAND SPRAYED, AND
THE TAPING OF PAVEMENT
MARKINGS)
2021-11-01 25.00 9.51 34.51
716 PILEDRIVER (INCLUDING
VIBRATORY DRIVER OR
EXTRACTOR FOR PILING AND
SHEETING OPERATIONS)
2021-11-01 40.00 26.04 66.04
2022-05-02 42.15 26.04 68.19
717 PIPEFITTERS . STEAMFITTERS 2021-11-01 47.99 32.45 80.44
719 PLUMBERS 2021-11-01 50.87 25.33 76.20
721 SHEET METAL WORKERS 2021-11-01 44.46 29.17 73.63
723 TERRAZZO WORKERS FOR RATE CALL 651-284-5091 OR EMAIL
DLI.PREVWAGE@STATE.MN.US
724 TILE SETTERS 2021-11-01 34.76 23.29 58.05
725 TILE FINISHERS FOR RATE CALL 651-284-5091 OR EMAIL
DLI.PREVWAGE@STATE.MN.US
727 WIRING SYSTEM TECHNICIAN 2021-11-01 42.46 19.41 61.87
2022-07-01 43.52 19.41 62.93
8
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE
728 WIRING SYSTEMS INSTALLER 2021-11-01 29.02 15.34 44.36
729 ASBESTOS ABATEMENT WORKER 2021-11-01 34.85 21.64 56.49
2022-01-01 36.23 22.26 58.49
730 SIGN ERECTOR FOR RATE CALL 651-284-5091 OR EMAIL
DLI.PREVWAGE@STATE.MN.US
9
Notice of truck rental rate certification and effective date
The Department of Labor and Industry (DLI) commissioner has certified the minimum truck rental rates for state-
funded highway projects effective Dec. 27, 2021. This certification follows the publication of the Notice of Truck
Rental Rate Determination in the State Register on Dec. 6, 2021, and the informal conference held pursuant to
Minnesota Rules, part 5200.1105 on Dec. 20, 2021.
According to Minnesota Rules, part 5200.1105, the purpose of the informal conference was for DLI to obtain
further input regarding the determined rates prior to the certification. No written input regarding the
determination was received by DLI prior to the informal conference.
The truck rental rate is determined for each equipment type by adding the average hourly cost of operating the
vehicle to the certified prevailing wage rate for the driver. The average hourly operating costs are determined by
voluntary survey of truck owner operators, trucking contractors and trucking firms.
The determination of the minimum truck rental rates by region are as follows:
Three-axle units
Region Effective date 607 driver rate Operating cost Truck rental rate
Region 1 Certification date $54.45 $37.35 $91.80
Increase May 1, 2022 $55.95 $37.35 $93.30
Region 2 Certification date $46.75 $37.35 $84.10
Increase May 1 2022 $49.61 $37.35 $86.96
Region 3 Certification date $29.91 $37.35 $67.26
Region 4 Certification date $46.44 $37.35 $83.79
Region 5 Certification date $31.91 $37.35 $69.26
Region 6 Certification date $51.15 $37.35 $88.50
Region Effective date 607 driver rate Operating cost Truck rental rate
Region 7 Certification date $44.10 $37.35 $81.45
Region 8 Certification date $32.16 $37.35 $69.51
Region 9 Certification date $48.10 $37.35 $85.45
Region 10 Certification date $44.45 $37.35 $81.80
Four or more axle units
Region Effective date 604 driver rate Operating cost Truck rental rate
Region 1 Certification date $29.76 $51.50 $81.26
Region 2 Certification date $34.38 $51.50 $85.88
Region 3 Certification date $38.51 $51.50 $90.01
Region 4 Certification date $53.73 $51.50 $105.23
Region 5 Certification date $33.46 $51.50 $84.96
Region 6 Certification date $51.25 $51.50 $102.75
Region 7 Certification date $40.15 $51.50 $91.65
Region 8 Certification date $35.36 $51.50 $86.86
Region 9 Certification date $48.20 $51.50 $99.70
Region 10 Certification date $37.40 $51.50 $88.90
Tractor
Region Effective date 602 driver
rate
Operating cost Tractor Only
Truck Rental
Rate
Plus
Trailer
Operating
Cost
Tractor
Trailer
Rental
Rate
Region 1 Certification
date $55.10 $54.96 $110.06 $11.46 $121.52
Increase
May 1, 2022 $56.60 $54.96 $111.56 $11.46 $123.02
Region 2 Certification
date $48.77 $54.96 $103.73 $11.46 $115.19
Increase
May 1, 2022 $50.27 $54.96 $105.23 $11.46 $116.69
Region 3 Certification
date $48.35 $54.96 $103.31 $11.46 $114.77
Region 4 Certification
date $35.25 $54.96 $90.21 $11.46 $101.67
Region 5 Certification
date $35.26 $54.96 $90.22 $11.46 $101.68
Region 6 Certification
date $51.80 $54.96 $106.76 $11.46 $118.22
Region 7 Certification
date $35.55 $54.96 $90.51 $11.46 $101.97
Region 8 Certification
date $35.50 $54.96 $90.46 $11.46 $101.92
Region 9 Certification
date $48.75 $54.96 $103.71 $11.46 $115.17
Region 10 Certification
date
$36.75 $54.96 $91.71 $11.46 $103.17
The minimum truck rental rate for these four types of trucks in the state’s 10 highway and heavy construction
areas will be effective for all Minnesota Department of Transportation (MnDOT) highway construction work
financed in whole or part with state funds advertised for bid on or after the day the notice of certification is
published in the State Register.
Roslyn Robertson,
DLI commissioner
Minnesota Labor and Wage Rate Requirements
LAKMO 161595 00 73 45 - 1
DOCUMENT 00 73 45
MINNESOTA LABOR AND WAGE RATE REQUIREMENTS
1.01 GENERAL
A. Contractor shall conform to the requirements herein specified.
B. The wage rates provided are in effect on the date of these documents and shall remain in effect for the
entire project regardless of the start date or duration of the Work.
1.02 LABOR PROVISIONS
A. Contractor shall have copies of these provisions on file at the job headquarters, and shall post a notice,
approved by Engineer, in a conspicuous place at the site of the Work, informing employees that these
provisions are available for their inspection. If a job headquarters is not provided, Contractor shall provide
an individual copy to each employee on the job. A copy of the submitted notice will be provided to Owner.
1.03 EMPLOYMENT CLASSIFICATIONS
A. All employees on the Project shall be classified as being in one of the following four categories, in
accordance with the definitions given:
1. Executive or Administrative
a. Employees in this category shall be classified in accordance with the definitions for Executive and
Administrative employees as adopted by the Secretary of Labor, and in effect at the time of
invitations for bids.
2. Skilled
a. Skilled labor shall include the operators of complex, heavy power equipment and skilled
craftsmen at the journeyman grade.
3. Intermediate Grade
a. Intermediate Grade labor shall include:
1) Operators of power equipment except complex, heavy power equipment; trucks of 1 and 1/2
tons or less (manufacturer’s rated capacity); tractors of less than 20 horsepower
(manufacturer’s rated capacity), and passenger cars; and
2) Persons performing any other labor that requires considerable training and experience.
4. Unskilled
a. Unskilled labor shall include:
1) Operators of trucks of 1 and 1/2 tons or less (manufacturer’s rated capacity), operators of
tractors of less than 20 horsepower (manufacturer’s rated capacity), and operators of
passenger cars; and
2) Helpers of journeyman craftsmen and all other labor that requires no special skill or
experience or the exercise of discretion or judgment.
1.04 LABOR INFORMATION
A. In the selection of labor, Contractor may use the services of the Minnesota State Employment Service.
1.05 MINIMUM WAGE RATES
A. The minimum hourly rates of wages required to be paid to the various laborers and mechanics employed
by Contractor shall be an amount equal to the sum of the basic hourly wage rate plus applicable fringe
benefits as noted in the schedule contained in the prevailing Wages for state Funded Construction
projects of the Minnesota Department of Labor and Industry. These rates have been determined by the
Minnesota Department of Labor and Industry pursuant to the provisions set forth in Minnesota Statutes,
Sections 177.41 through 177.44 as applicable, to be those prevailing on the same type of work on similar
construction in the immediate locality.
Minnesota Labor and Wage Rate Requirements
00 73 45 - 2 LAKMO 161595
During the periods from the time an hourly employee is required to report for duty at the site of the Work
until such time that they are released or permitted to leave the site of the Work, no deduction shall be
made from their time for any delays of less than 30 consecutive minutes.
In the event the Contractor or subcontractor employees apprentice workers under the occupational
training program of the State of Minnesota, Department of Education, or under the Division of Voluntary
Apprenticeship of the State of Minnesota, Department of Labor and Industry, or under the Veterans
Training Program of the United States Veterans Administration, they may pay wages to such apprentice
workers at hourly rates approved by the appropriate agency regardless of the hourly rates specified in the
schedule of wage rates to be paid to any classification of labor.
A Contractor or subcontractor may discharge their minimum hourly rate obligation as defined above by
(a) making cash payments to the employee plus payments to an employees’ fringe benefit program,
funded or unfunded, that is established by collective bargaining agreements, the sum of which is equal to
the minimum hourly rate; or (b) making payments in cash to the employee in the amount equal to the
minimum hourly rate.
While the rates shown are at the minimum hourly rates required for the life of this Contract, this is not a
representation that labor can be obtained at these rates. It is the responsibility of bidders to inform
themselves as to local labor conditions and prospective changes or adjustments of wage rates. No
increase in the Contract Price shall be allowed or authorized on account of payment or rates in excess of
those listed herein.
All cash payments due to mechanics and laborers employed or working upon the site of the Work shall be
paid unconditionally and not less often than once a week, and without subsequent deductions or rebate
on any account regardless of any contractual relationship which may be alleged to exist between the
Contractor or subcontractor and such laborers and mechanics.
The schedule shall be kept posted by the Contractor at the site of the Work in a conspicuous place where
it can be easily seen by the workers.
If an employee has a question in regard to the minimum wage rate paid, they should communicate
directly with their employer. If the issue remains unresolved, the employee should be informed that they
may take their question to the Owner for solution.
Owner may withhold or cause to be withheld from the Contractor a portion of the amounts due to the
Contractor as may be considered necessary to ensure payment to laborers and mechanics employed by
the Contractor or any subcontractor on the Work the full amount of the minimum hourly rates required by
the Contract.
1.06 PREVAILING HOURS OF LABOR
A. The Prevailing Wages for State Funded Construction Contracts issued by the Minnesota Department of
Labor and Industry, which are available from the Department of Labor and Industry, set forth the
Prevailing Hours of Labor as 8 hours per day or 40 hours per week. In accordance with Minnesota
Statutes Sections 177.41 through 177.44 as applicable, Subdivision 1, employees may not be permitted
or required to work longer than the prevailing Hours of Labor unless the employee is paid for all hours in
excess of the prevailing hours at a rate of at least 1 and 1/2 times their hourly basic rate of pay; nor shall
they be paid a lesser rate of wages than the prevailing wage rate in the same or most similar trade or
occupation in the area.
1.07 REQUIRED CONTRACT PROVISIONS
A. These Contract provisions shall apply to all Work performed on the Contract by the Contractor with their
own organization and with the assistance of workmen under their immediate superintendence and to all
Work performed on the Contract by piecework, station work, or by subcontract.
Contractor shall insert in each of their subcontracts all stipulations contained in these Required Contract
Provisions and also a clause requiring their subcontractors to include these Required Contract Provisions
DATE: March 15, 2022
CONSENT
AGENDA ITEM: Approve Union Pacific Railroad Drainage Encroachment Agreement for the Old Village Phase 5 and 6 Street, Drainage and Utility Improvements SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Marty Powers, Public Works Director Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the Union Pacific Railroad (UPRR) Drainage Encroachment Agreement (DEA) for the Old Village Phase 5 and 6 Improvements?
BACKGROUND: On March 16, 2021, the City Council awarded a construction contract for the Old Village Phase 5 and 6 Improvements with the project scheduled to be constructed over two years, beginning in 2021 and completed in 2022. The project includes the extension of sanitary sewer to serve the existing properties in the Old Village area together with the replacement of the aged watermain along the project corridors and reconstructing the public streets. The project construction remains in progress with the contractor preparing to remobilize in April for the 2022 construction season. PROPOSAL DETAILS/ANALYSIS: As part of the street and drainage improvements the City will be replacing six drainage culverts along 33rd Street North with each culvert extending 10 to 13 feet into the UPRR right-of-way. The culverts represent a long-standing existing condition and the area drainage
characteristics are not being substantially altered or increased. However, in order to perform this replacement work, the UPRR is requiring the City to execute the attached Drainage Encroachment Agreement and pay a one-time license fee. The agreement has been reviewed by the City Attorney and staff
is recommending approval of the Drainage Encroachment Agreement with the Union Pacific Railroad. FISCAL IMPACT: A license fee in the amount of $28,000 is being required by the Union Pacific Railroad
to perform the necessary construction work within their UPRR right-of-way. In addition, the City will be required to pay inspection fees and track monitoring fees to be performed by UPRR consultants (Rail Pros) while the City contractor is working within the UPRR right-of-way. With the additional license fee cost and railroad consultant inspection fees, it is anticipated that the total project costs remain on budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent
agenda, the Union Pacific Railroad Drainage Encroachment Agreement, license fee and associated inspection fees for the Old Village Phase 5 and 6 Improvements and authorize the Mayor and City Clerk to execute the agreement. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to approve the Union Pacific Railroad Drainage Encroachment Agreement, license fee and
associated inspection fees for the Old Village Phase 5 and 6 Street, Drainage and Utility Improvements and authorize the Mayor and City Clerk to execute the agreement”. ATTACHMENTS:
1. Union Pacific Railroad Drainage Encroachment Agreement.
March 8, 2022 Folder: 03247-30
KRISTINA HANDT
CITY OF LAKE ELMO3880 LAVERNE AVENUE NORTH, SUITE #100LAKE ELMO MN 55042
RE: Proposed Construction of Three 18 Inch And Three 15 Inch RCP Storm Sewer Drainage Outfalls
Only Between Mile Posts 11.3 and 11.6 on the Altoona Subdivision at or near Lake Elmo, Washington County, Minnesota
Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Please return the executed agreement via email. For any payment(s), please follow the
accompanying instructions.
An original copy of the fully-executed document will be returned to you, when approved and processed by the Railroad Company.
•Payment in the amount of Twenty Eight Thousand Dollars ($28,000.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. Please include your payment, with Folder No. 03247-30 noted on that document. If you require formal billing, you may consider this letter as a formal bill and that 94-6001323 is this Corporation’s correct Federal Taxpayer Identification Number.
•Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).
If you have any questions concerning this Agreement, please contact me at (402) 544-5433.
Sincerely,
Craig Benson Mgr Real Estate Contracts
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340
Pipeline Encroachment 052118 Folder No. 03247-30 Last Modified: 07/02/2018 Form Approved, AVP-Law
DRAINAGE ENCROACHMENT AGREEMENT
Between Mile Posts 11.3 and 11.6 Altoona Subdivision Location: Lake Elmo, Washington County, Minnesota
THIS AGREEMENT (“Agreement”) is made and entered into as of March 8, 2022, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware
corporation, (“Licensor”) and CITY OF LAKE ELMO, a Minnesota municipal corporation to be addressed at 3880 Laverne Avenue North, Suite #100, Lake Elmo, Minnesota 55042 (“Licensee”).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. LICENSOR GRANTS RIGHT.
A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate three 18 inch and three 15 inch RCP Storm Sewer drainage outfalls only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Lake Elmo, Washington County, State of Minnesota ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under
Railroad Property are described in and shown on the Print and Specifications dated January 24, 2022, attached hereto as Exhibit A and made a part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for three 18 inch and three 15 inch RCP Storm Sewer drainage outfalls, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Article 2. LICENSE FEE.
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Twenty Eight Thousand Dollars ($28,000.00).
Article 3. TERM.
This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.
Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.
Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof. Article 5. INSURANCE. A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.
B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply. Article 6. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to Licensee will include
Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein. Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS. If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or
proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement. Article 8. WAIVER OF BREACH. The waiver by Licensor of the breach of any condition, covenant or agreement herein contained
to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof. Article 9. ASSIGNMENT. A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.
B.Upon Licensor's written consent to any assignment, this Agreement will be binding upon andinure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.
Article 10. SEVERABILITY.
Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.
Article 11. NOTICES.
Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed
below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices
will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) daysafter deposit with the United States Postal Service.
If to Licensor: Union Pacific Railroad Company Attn: Analyst – Real Estate Utilities (Folder No. 03247-30) 1400 Douglas Street, MS 1690 Omaha, Nebraska 68179
If to Licensee: CITY OF LAKE ELMO 3880 Laverne Avenue North, Suite #100 Lake Elmo, Minnesota 55042
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.
Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work. Licensee is to directly coordinate services with the named inspector:
Railpros Field Services Email: RP.Utility@railpros.com Phone (682)223-5271
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY CITY OF LAKE ELMO
By: __________________________________ By: __________________________________
Name Printed: __________________________
Title: _________________________________
Pipeline Crossing 06/05/18 Form Approved, AVP Law EXHIBIT B
GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant is subject and subordinate to the prior and continuing right and
obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or
all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights. Section 2. ENGINEERING REQUIREMENTS; PERMITS. A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired,
renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad
operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion,
elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply. B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground. C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all
necessary permits required to perform any work on Licensee's Facilities. Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.
A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance
with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.
B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance
of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B. C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267. Section 4. FLAGGING. A. Following Licensee's notice to Licensor's Field Representatives required under the
"NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed
by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.
B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in
accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees
Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-
half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which
Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in
compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of
five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled,
even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. Section 5. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum
comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of
Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.
Union Pacific Current Safety Requirements B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.
C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof. D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that
Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK;
EMERGENCIES" Section of this Exhibit E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay
Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives. Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.
Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed. Section 7. LICENSEE'S PAYMENT OF EXPENSES. A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities. B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair,
renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon
property of Licensor as compared with the entire value of such property. C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right,
if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not
limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice. Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES. A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use. B. Upon any Modification of all or any portion of Licensee's Facilities to another location
on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline
Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will
terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities. Section 9. RESTORATION OF RAILROAD PROPERTY. In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost and expense, restore Licensor’s property to the same condition as the same were before such property was
moved or disturbed. Section 10. INDEMNITY.
A. Definitions. As used in this Section:
1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees. 2. "Licensee" includes Licensee and its agents, contractors, subcontractors, sub-subcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control. 3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.
B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is
related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged: 1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing; 2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;
3. Removal of person(s) from Railroad Property;
4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith; 5. Right(s) or interest(s) granted pursuant to this Agreement; 6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss;
7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and
8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal
Railroad Administration regulations.
C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF
LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT. NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION. Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES. A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of
thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below. B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated
by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below. C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable,
abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad
Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's
installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work". D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition. Licensee shall provide written
certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this
Agreement will terminate. E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may,
but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work. F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.
EXHIBIT C INSURANCE REQUIREMENTS In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:
A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.
B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).
The policy must contain the following endorsements, WHICH MUST BE STATED ON THE
CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.
C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.
If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with
respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the
additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.
Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.
E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit
of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification,
reconstruction, or removal work on Licensee's Facilities.
F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.
Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured
Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.
I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages
covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.
J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.
K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the
amount of the required insurance coverage.
STAFF REPORT
DATE: March 15, 2022
TO: City Council FROM: Sam Magureanu, Finance Director
AGENDA ITEM: 4th Quarter 2021 - Financial Reports
BACKGROUND: The finance director has prepared the 4th Quarter Financial Reports on March 15th, 2022. The Finance Director is recommending acceptance of the 4th Quarter Financial Reports. ISSUE BEFORE THE COUNCIL: 1) Does the City Council have any questions regarding the 4th, 2021 Quarter Financial Reports?
DISCUSSION: The Budget vs. Actual for 4th quarter 2021 is attached with explanations alongside line items to explain
variances from the budget. This format aligns with the budget worksheets used during the 2021 budget cycle. During the 4th quarter the City has received revenues from the second Tax Settlement in December for $2,735,105.41. Taxes are only received in July for those collected in May, December for those collected in October, and a clean-up payment for any delinquent taxes collected by the end of December in January of the next year. Water and sewer utilities are billed quarterly. Revenues are recognized when billed rather than received. Storm Water is billed annually in January for the previous year. Expenditures reflect a combination of ongoing expenses and items that are one-time payments per year.
Also includes is a summary of the investment portfolio through December 31, 2021. FISCAL IMPACT: N/A RECOMMENDATION:
“Motion to accept the 4th Quarter Financial Reports.”
ATTACHMENTS: 4th Quarter Budget-to-Actual Reports 4th Quarter Investment Portfolio Summary
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetCommentsAccount NumberDescriptionGeneral Fund Revenues:Taxes101‐410‐1320‐31010 Current Ad Valorem Taxes 3,522,782.00 3,547,611.57 100.70%101‐410‐1320‐31020 Delinquent Ad Valorem Taxes 15,000.00 23,517.65 156.78%101‐410‐1320‐31030 Mobile Home Tax 15,000.00 17,745.23 118.30%101‐410‐1320‐31040 Fiscal Disparities 271,597.00 269,390.15 99.19%101‐410‐1320‐31045 Delinquent Fiscal Disparities‐ ‐ #DIV/0!101‐410‐1320‐31050 Tax Abatement‐ ‐ #DIV/0!101‐410‐1320‐31520 30% Rental ‐ County‐ 6,618.52 #DIV/0!101‐410‐1320‐31910 Penalty & Interest on Taxes 500.00 79.14 15.83%101‐410‐1320‐31920 Forfeited Tax Sale Apportionment‐ ‐ #DIV/0!Total Taxes3,824,879.00 3,864,962.26 101.05%Within expectationLicenses and Permits101‐410‐1320‐32110 Liquor License 8,300.00 12,050.00 145.18%Receipt in Q4. More than anticipated101‐410‐1320‐32180 Wastehauler License 720.00 ‐ 0.00%101‐410‐1320‐32181 General Contractor License 150.00 300.00 200.00%101‐420‐2400‐32210 Building Permits 800,000.00 1,087,375.93 135.92%More than anticipated101‐430‐3100‐32211 Driveway Permits 12,000.00 16,510.00 137.58%101‐420‐2400‐32212 Fireplace Permits 16,000.00 17,940.00 112.13%101‐420‐2400‐32220 Heating Permits 60,000.00 104,869.50 174.78%Continental ‐ permits101‐420‐2400‐32230 Plumbing Permits 75,000.00 134,601.70 179.47%Continental ‐ permits101‐420‐2400‐32232 Pool Permits 1,000.00 1,650.00 165.00%More than anticipated101‐420‐2400‐32213 Siding Permits 5,000.00 6,022.85 120.46%More than anticipated101‐420‐2400‐32214 Roof Permits 10,000.00 30,371.90 303.72%More than anticipated101‐430‐3100‐32250 Utility Permits 21,600.00 51,647.20 239.11%More than anticipated101‐420‐2220‐32260 Burning Permit 1,500.00 1,695.00 113.00%More than anticipated101‐410‐1320‐32270 Massage Therapy Licenses 100.00 350.00 350.00%101‐420‐2400‐32275 Fire Suppression Permits 2,000.00 14,435.15 721.76%Continental ‐ permits101‐420‐2400‐32278 Fire Permit Plan Check Fee‐ 5,460.00 #DIV/0!Continental ‐ permits101‐420‐2220‐32275 Fire Sprinkler Permits 200.00 #DIV/0!101‐410‐1320‐32281 Golf Cart Operation Permit 30.00 90.00 300.00%101‐410‐1320‐32282 Miscellaneous Permits 100.00 88.00 88.00%Total Licenses and Permits1,013,500.00 1,485,657.23 146.59%Overall City budgeted conservatively in 2021. Intergovernmental101‐430‐3100‐33418 MSA ‐ Maintenance 151,755.00 163,776.00 107.92%Two payments a year101‐420‐2220‐33420 State Fire Aid 64,000.00 80,469.54 125.73%Collected in Q4. Pass through in Oct101‐420‐2220‐33426 Miscellaneous State Grants 165.00 #DIV/0!101‐430‐3100‐33630 Miscellaneous State Grants 1,500.00 ‐ 0.00%101‐450‐5200‐33426 Miscellaneous State Grants 4,820.00 2,675.60 55.51%101‐410‐1930‐33426 Miscellaneous State Grants 3,503.19 101‐410‐1320‐33402 Market Value Credit ‐ Ag 4,639.20 #DIV/0!101‐410‐1320‐33403 Ag Reserve Credit 201.14 #DIV/0!101-410-1320-36100 Speciall Assessments815.24 #DIV/0!101-410-1320-36102 Special Assessment Pen/Int115.26 #DIV/0!101‐000‐0000‐33620 Gravel Tax‐ 5,240.90 #DIV/0!101‐000‐0000‐33621 Recycling Grant‐ 11,951.00 #DIV/0!101‐410‐1320‐36207 MCMA Grant 3,500.00 #DIV/0!101‐410‐1320‐33623 Payment in Lieu of Taxes 34,097.00 34,096.61 100.00%Receipt in Q4Total Intergovernmental256,172.00 311,148.68 121.46%1
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetCommentsCharges for Services101‐410‐1910‐34103 Zoning & Subdivision Fees 40,000.00 50,215.00 125.54%More than anticipated101‐420‐2400‐34104 Plan Check Fees 520,000.00 711,919.76 136.91%Continental101‐410‐1320‐34105 Sale of Copies, Books, Maps 50.00 ‐ 0.00%101‐410‐1520‐34107 Assessment Searches 2,000.00 3,540.00 177.00%More than anticipated. Driven by home sales in the city101‐410‐1450‐34111 Cable Operation Reimbursement 5,000.00 ‐ 0.00%101‐420‐2400‐34112 Planning & Zoning Review Fee 20,000.00 33,434.00 167.17%More than anticipated101‐430‐3100‐34114 Street Light Fee 1,000.00 2,580.00 258.00%101‐410‐1910‐34115 Base Map Upgrading Fee 3,000.00 7,700.00 256.67%101‐420‐2400‐34207 Building Code Surcharges 14,335.80 #DIV/0!101‐410‐1320‐36803 Escrow Admin Revenues 59,944.84 #DIV/0!Not budgeted101‐410‐1910‐36206 Escrow Administration Fee 20,000.00 31,986.81 159.93%More than anticipated activityTotal Charges for Services611,050.00 915,656.21 149.85%Overall City budgeted conservatively in 2021. Fines and Forfeits101‐410‐2100‐35100 Fines 35,000.00 45,748.90 130.71%Actual Interest earned $45,748.90Total Fines and Forfeits35,000.00 45,748.90 130.71%Within expectationInvestment Earnings101‐410‐1320‐36210 Interest Earnings 77,000.00 (1,254.82) ‐1.63%Ofset by the Market Value adjusment for Financial Reporting at year end. Actual Interest earned $50,266.72. Total Investment Earnings77,000.00 (1,254.82) ‐1.63%Lower interest rates in 2021 than anticipatedMiscellaneous101‐410‐1320‐31811 Cable Franchise Revenue 85,000.00 81,019.18 95.32%Colected in June. Cable Franchise Ramsey/Washington Cty Cable Commission.101‐420‐2220‐36200 Miscellaneous Revenue 7,725.56 #DIV/0!101‐410‐1320‐36200 Miscellaneous Revenue 3,000.00 20,486.40 682.88%13K LMC 2021 PC Dividend Insurance Trust - not expected in 2021101‐430‐3100‐36200 Miscellaneous Revenue 500.00 4,079.69 815.94%Disposal of PW items101‐410‐1910‐36200 Miscellaneous Revenue 15,000.00 14,285.00 95.23%AUAR Fees - Legacy at North Star 4th 101‐450‐5200‐36200 Miscellaneous Park revenue 25.00 #DIV/0!101‐410‐1410‐36204 Reimbursements ‐ Elections 4,021.99 #DIV/0!101‐420‐2220‐36204 Reimbursements ‐ Fire 27,616.27 #DIV/0!101‐410‐1910‐36236 Conservation Easement Fee 20,000.00 ‐ 0.00%Not yet collected in 2021. Last collected in 2018101‐410‐1320‐36230 Donations 10,000.00 9,000.00 90.00%Jaycees101‐410‐1320‐34120 Tower Rent 112,517.00 103,630.58 92.10%Total Miscellaneous246,017.00 271,889.67 110.52%Within expectationPrior Period AdjustmentsTotal General Fund Revenues:6,063,618.00 6,893,808.13 113.69%2
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetCommentsGeneral Fund Expenditures:1110Mayor & CouncilPersonnel101‐410‐1110‐41030 Part‐time Salaries 25,690.00 25,690.00 100.00%101‐410‐1110‐41220 FICA Contributions 1,593.00 1,592.78 99.99%101‐410‐1110‐41230 Medicare Contributions 373.00 372.54 99.88%101‐410‐1110‐41510 Workers Compensation 130.00 117.71 90.55%Total Personnel27,786.00 27,773.03 99.95%Within expectationMaterials and Supplies101‐410‐1110‐42000 Office Supplies 125.00 69.77 55.82%101‐410‐1110‐42001 Computer Reimbursement 3,000.00 2,858.99 95.30%101‐410‐1110‐43310 Mileage 300.00 ‐ 0.00%101‐410‐1110‐43185 IT Support 1,332.00 1,202.88 90.31%Total Materials and Supplies4,757.00 4,131.64 86.85%Within expectationCharges and Services101‐410‐1110‐44300 Miscellaneous 7,250.00 7,035.00 97.03%101‐410‐1110‐44330 Dues & Subscriptions 16,500.00 15,514.00 94.02%101‐410‐1110‐44370 Conferences & Training 1,000.00 175.00 17.50%Total Charges and Services24,750.00 22,724.00 91.81%1110Total Mayor & Council 57,293.00 54,628.67 95.35%Within expectation1320AdministrationPersonnel101‐410‐1320‐41010 Full‐time Salaries 169,407.00 175,444.43 103.56%101‐410‐1320‐41040 Temporary Employees‐ 1,532.40 #DIV/0!This is offset by the MCMA Grant101‐410‐1320‐41210 PERA Contributions 12,706.00 13,224.17 104.08%101‐410‐1320‐41216 MSRS Contributions ‐City Admin 1,649.00 1,355.41 82.20%101‐410‐1320‐41220 FICA Contributions 10,503.00 10,484.77 99.83%101‐410‐1320‐41230 Medicare Contributions 2,456.00 2,462.59 100.27%101‐410‐1320‐41300 Insurance 31,837.00 24,381.43 76.58%101‐410‐1320‐41325 Life Insurance 127.00 122.54 96.49%101‐410‐1320‐41330 STD/LTD 905.00 878.13 97.03%101‐410‐1320‐41510 Workers Compensation 2,103.00 1,538.14 73.14%Paid in Q2Total Personnel231,693.00 231,424.01 99.88%Within Expectation3
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetCommentsMaterials and Supplies101‐410‐1320‐42000 Office Supplies 3,200.00 1,159.92 36.25%101‐410‐1320‐42030 Printed Forms 100.00 ‐ 0.00%Total Materials and Supplies3,300.00 1,159.92 35.15%Within ExpectationCharges and Services101‐410‐1320‐43100 Assessing Services 97,625.00 102,846.88 105.35%Billed in Q2101‐410‐1320‐43040 Legal Services 87,500.00 49,351.21 56.40%Conservative budget101‐410‐1320‐43150 Contract Services 3,000.00 1,044.59 34.82%101‐410‐1320‐43180 Information Technology/Web 7,350.00 ‐ 0.00%101‐410‐1320‐43185 IT Support‐ 7,299.96 #DIV/0!Budgeted in -43190101‐410‐1320‐42002 IT Hardware 600.00 867.54 144.59%101‐410‐1320‐43190 Software Programs 2,540.00 327.06 12.88%LF,ADOBE, PLANIT101‐410‐1320‐43210 Telephone 2,664.00 2,372.07 89.04%101‐410‐1320‐43220 Postage 2,500.00 3,378.87 135.15%101‐410‐1320‐43310 Mileage 1,100.00 408.80 37.16%101‐410‐1320‐43510 Legal Publishing 2,000.00 5,289.67 264.48%101‐410‐1320‐43610 Insurance 45,067.00 41,176.74 91.37%Billed in Q2101‐410‐1320‐44040 Repairs/Maint Eqpt 2,427.72 #DIV/0!101‐410‐1320‐44330 Dues & Subscriptions 2,200.00 1,412.87 64.22%101‐410‐1320‐44370 Conferences & Training 5,000.00 1,084.92 21.70%101‐410‐1320‐44371 Allocation to Building Inspections (2,810.00) ‐ 0.00%Total Charges and Services256,336.00 219,288.90 85.55%Within ExpectationMiscellaneous101‐410‐1320‐44300 Miscellaneous 1,500.00 1,435.79 95.72%Total Miscellaneous1,500.00 1,435.79 95.72%Within Expectation1320Total Administration 492,829.00 453,308.62 91.98%Within Expectation1410ElectionsPersonnel101‐410‐1410‐41030 Part‐time Salaries‐ 1,605.75 #DIV/0!2021 School Election Judge Pay101‐410‐1410‐41510 Workers Compensation‐ ‐ #DIV/0!Total Personnel‐ 1,605.75 #DIV/0!Charges and Services101‐410‐1410‐43150 Contract Services 3,150.00 3,100.00 98.41%Total Charges and Services3,150.00 3,100.00 98.41%Within ExpectationCapital Outlay101‐410‐1410‐45800 Other Equipment‐ ‐ #DIV/0!101‐480‐8000‐45800 Other Equipment‐ ‐ #DIV/0!Total Capital Outlay‐ ‐ #DIV/0!Miscellaneous101‐410‐1410‐44300 Miscellaneous‐ 406.06 #DIV/0!2021 School Election Judge ‐ FoodTotal Miscellaneous‐ 406.06 #DIV/0!1410Total Elections 3,150.00 5,111.81 162.28%Within Expectation4
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments1450CommunicationsPersonnel101‐410‐1450‐41010 Full‐time Salaries 27,128.00 27,460.12 101.22%101‐410‐1450‐41210 PERA Contributions 2,035.00 2,048.14 100.65%101‐410‐1450‐41220 FICA Contributions 1,682.00 1,693.34 100.67%101‐410‐1450‐41230 Medicare Contributions 393.00 396.14 100.80%101‐410‐1450‐41300 Insurance 6,909.00 2,936.93 42.51%101‐410‐1450‐41325 Life Insurance 28.00 27.81 99.32%101‐410‐1450‐41330 STD/LTD 145.00 145.91 100.63%101‐410‐1450‐41510 Workers Compensation 307.00 259.28 84.46%Paid in Q2Total Personnel38,627.00 34,967.67 90.53%Within expectationCharges and Services101‐410‐1450‐43090 Newsletter 1,200.00 1,231.28 102.61%101‐410‐1450‐43180 Information Technology/Web 2,200.00 2,946.77 133.94%101‐410‐1450‐43185 IT Support 589.00 584.52 99.24%101‐410‐1450‐43220 Postage 1,650.00 1,967.29 119.23%101‐410‐1450‐43152 Cable Operations 5,000.00 2,745.00 54.90%101‐410‐1450‐44370 Conferences and Training 500.00 ‐ 0.00%Total Charges and Services11,139.00 9,474.86 85.06%Within expectation1450Total Communications 49,766.00 44,442.53 89.30%1520FinancePersonnel101‐410‐1520‐41010 Full‐time Salaries 74,290.00 71,095.70 95.70%101‐410‐1520‐41040 Temporary Employees 7,102.00 6,025.50 84.84%101‐410‐1520‐41210 PERA Contributions 5,572.00 5,301.00 95.14%101‐410‐1520‐41220 FICA Contributions 5,046.00 4,599.67 91.15%101‐410‐1520‐41230 Medicare Contributions 1,180.00 1,075.81 91.17%101‐410‐1520‐41300 Insurance 13,589.00 10,750.20 79.11%101‐410‐1520‐41325 Life Insurance 54.00 385.68 714.22%101‐410‐1520‐41330 STD/LTD 457.00 287.74 62.96%101‐410‐1520‐41510 Workers Compensation 935.00 710.04 75.94%Paid in Q2Total Personnel108,225.00 100,231.34 92.61%Within expectation. Not fully staffed. See Additional Contracted services over budget.Materials and Supplies101‐410‐1520‐42000 Office Supplies 800.00 696.67 87.08%101‐410‐1520‐42030 Printed Forms 1,000.00 979.83 97.98%Total Materials and Supplies1,800.00 1,676.50 93.14%Within expectationCharges and Services101‐410‐1520‐43010 Audit Services 8,227.00 8,608.25 104.63%101‐410‐1520‐43150 Contract Services 10,000.00 15,834.00 158.34%AEM financial Services for finance. Due to Staff changes and no Finance Director. Offset by reduced salary expenditures in finance. 101‐410‐1520‐43185 IT Support 4,157.00 4,128.24 99.31%101‐410‐1520‐43220 Postage6.85 #DIV/0!101‐410‐1520‐42002 IT Hardware 1,500.00 1,773.62 118.24%101‐410‐1520‐43190 Software Programs 2,919.00 4,383.46 150.17%101‐410‐1520‐43210 Telephone 613.00 ‐ 0.00%101‐410‐1520‐43310 Mileage 500.00 ‐ 0.00%101‐410‐1520‐44330 Dues & Subscriptions 2,300.00 720.00 31.30%GFOA annual Review and Subscription paid in Q3101‐410‐1520‐44370 Conferences & Training 3,200.00 680.50 21.27%GFOA conference attended in Q3/Q4 billed101‐410‐1520‐44371 Allocation to Building Inspections (2,324.00) ‐ 0.00%Total Charges and Services31,092.00 36,134.92 116.22%Within expectationMiscellaneous101‐410‐1520‐44300 Miscellaneous 5,000.00 772.50 15.45%Total Miscellaneous5,000.00 772.50 15.45%1520Total Finance 146,117.00 138,815.26 95.00%Within expectation5
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments1910Planning & ZoningPersonnel101‐410‐1910‐41010 Full‐time Salaries 163,494.00 153,261.66 93.74%101‐410‐1910‐41040 Temporary Employees 7,102.00 9,340.50 131.52%101‐410‐1910‐41210 PERA Contributions 12,262.00 11,125.14 90.73%101‐410‐1910‐41220 FICA Contributions 10,577.00 9,947.22 94.05%101‐410‐1910‐41230 Medicare Contributions 2,474.00 2,326.49 94.04%101‐410‐1910‐41300 Insurance 32,222.00 12,497.35 38.79%101‐410‐1910‐41325 Life Insurance 129.00 751.45 582.52%101‐410‐1910‐41330 STD/LTD 935.00 579.19 61.95%101‐410‐1910‐41510 Workers Compensation 1,739.00 1,562.63 89.86%Paid in Q2Total Personnel230,934.00 201,391.63 87.21%Within expectationMaterials and Supplies101‐410‐1910‐42000 Office Supplies 150.00 323.47 215.65%Non budgeted items for Planning101‐410‐1910‐42030 Printed Forms‐ ‐ Total Materials and Supplies150.00 323.47 215.65%CDBG101‐410‐1910‐43010 Comm Facilities 400.00 ‐ 0.00%Total CDBG400.00 ‐ Charges and Services101‐410‐1910‐43020 Comprehensive Planning‐ ‐ 101‐410‐1910‐43030 Engineering Services 12,000.00 4,670.75 38.92%101‐410‐1910‐43150 Contract Services 21,000.00 86,120.77 410.10%No City Planner. Used Bolton and Menk101‐410‐1910‐43185 IT Support 6,160.00 6,014.04 97.63%101‐410‐1910‐42002 IT Hardware 1,768.87 #DIV/0!101‐410‐1910‐43190 Software Programs 1,514.00 ‐ 0.00%101‐410‐1910‐43210 Telephone 600.00 ‐ 0.00%Expensed in ‐43185101‐410‐1910‐43220 Postage 150.00 ‐ 0.00%101‐410‐1910‐43310 Mileage 100.00 ‐ 0.00%101‐410‐1910‐43510 Legal Publishing 1,200.00 770.25 64.19%101‐410‐1910‐44330 Dues & Subscriptions 500.00 ‐ 0.00%101‐410‐1910‐44370 Conferences & Training 500.00 ‐ 0.00%Total Charges and Services43,724.00 99,344.68 227.21%Miscellaneous101‐410‐1910‐44300 Miscellaneous 200.00 ‐ 0.00%Total Miscellaneous200.00 ‐ 0.00%1910Total Planning & Zoning 275,408.00 301,059.78 109.31%6
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments1930Engineering ServicesCharges and Services101‐410‐1930‐43030 Engineering Services 40,000.00 30,000.00 75.00%101‐410‐1930‐43210 Telephone‐ ‐ Total Charges and Services40,000.00 30,000.00 75.00%Within expectationCapital Outlay101‐480‐8000‐45900 Construction Projects‐ ‐ #DIV/0!Total Capital Outlay‐ ‐ #DIV/0!1930Total Engineering Services 40,000.00 30,000.00 75.00%1940City HallMaterials and Supplies101‐410‐1940‐42110 Cleaning Supplies 100.00 40.00 101‐410‐1940‐42230 Building Repair Supplies 800.00 86.97 10.87%Total Materials and Supplies900.00 126.97 14.11%Charges and Services101‐410‐1940‐43180 Information Technology/Web 440.00 ‐ 0.00%101‐410‐1940‐43185 IT Support 5,599.00 5,561.16 99.32%101‐410‐1940‐43210 Telephone 903.00 ‐ 0.00%Expensed in ‐43185101‐410‐1940‐43810 Utilities 4,555.00 4,518.84 99.21%101‐410‐1940‐43840 Refuse 1,648.00 1,897.50 115.14%101‐410‐1940‐44120 Rentals ‐ Building (2,666.00) #DIV/0!PY void101‐410‐1940‐44010 Repairs/Maint Contractual Bldg 6,600.00 9,060.30 137.28%Unbudgeted Electrical Wire Replacement to Parking Lot101‐410‐1940‐44040 Repairs/Maint Contractual Eqpt 16,000.00 7,852.18 49.08%101‐410‐1940‐44371 Allocation to Building Inspections (15,482.00) ‐ 0.00%Total Charges and Services20,263.00 26,223.98 129.42%Miscellaneous101‐410‐1940‐44300 Miscellaneous 1,800.00 996.29 55.35%Total Miscellaneous1,800.00 996.29 55.35%1940Total City Hall 22,963.00 27,347.24 119.09%Within expectation2100PoliceCharges and Services101‐420‐2100‐43150 Law Enforcement Contract 920,183.00 901,119.57 97.93%101‐420‐2100‐44300 Misc. ‐ Community Event 1,800.00 ‐ 0.00%Total Charges and Services921,983.00 901,119.57 97.74%2100Total Police 921,983.00 901,119.57 97.74%Within expectation2150ProsecutionCharges and Services101‐420‐2150‐43045 Attorney Criminal 51,000.00 50,212.00 98.45%Total Charges and Services51,000.00 50,212.00 98.45%2150Total Prosecution 51,000.00 50,212.00 98.45%Within expectation7
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments2220FirePersonnel101‐420‐2220‐41010 Full‐time Salaries 169,562.00 149,817.69 88.36%inspector not hired until April101‐420‐2220‐41030 Part‐time Salaries 191,527.00 112,496.84 58.74%101‐420‐2220‐41035 Paid On Call Salaries 75,000.00 102,554.96 136.74%101‐420‐2220‐41210 PERA Contributions 42,012.00 45,653.62 108.67%101‐420‐2220‐41220 FICA Contributions 27,038.00 6,210.68 22.97%101‐420‐2220‐41230 Medicare Contributions 6,323.00 5,194.73 82.16%101‐420‐2220‐41300 Insurance 31,726.00 24,744.85 78.00%101‐420‐2220‐41325 Life Insurance 120.00 233.24 194.37%101‐420‐2220‐41330 STD/LTD 1,108.00 611.25 55.17%101‐420‐2220‐41420 Unemployment Benefits 2,500.00 ‐ 0.00%101‐420‐2220‐41510 Workers Compensation 52,023.00 39,378.37 75.69%Paid in Q2Total Personnel598,939.00 486,896.23 81.29%Within expectationMaterials and Supplies101‐420‐2220‐42000 Office Supplies 1,000.00 835.39 83.54%101‐420‐2220‐42080 EMS Supplies 2,400.00 2,421.84 100.91%101‐420‐2220‐42090 Fire Prevention 2,000.00 990.55 49.53%101‐420‐2220‐42120 Fuel, Oil and Fluids 14,000.00 13,229.62 94.50%101‐420‐2220‐42400 Small Tools & Equipment 24,679.00 31,520.65 127.72%Total Materials and Supplies44,079.00 48,998.05 111.16%Charges and Services101‐420‐2220‐43050 Physicals 8,300.00 8,052.00 97.01%101‐420‐2220‐43150 Contract Services 3,500.00 2,550.00 72.86%Valuation101‐420‐2220‐43185 IT Support 18,843.00 19,807.56 105.12%101‐420‐2220‐42002 IT Hardware 1,200.00 1,200.00 100.00%101‐420‐2220‐43210 Telephone 4,674.00 4,332.12 92.69%101‐420‐2220‐43220 Postage‐ 10.10 #DIV/0!101‐420‐2220‐43230 Radio 20,000.00 22,959.31 114.80%Paid Q1 in April101‐420‐2220‐43310 Mileage 500.00 285.60 57.12%101‐420‐2220‐43630 Insurance 10,467.00 9,562.97 91.36%Paid Q2101‐420‐2220‐43810 Utility 15,450.00 14,168.31 91.70%101‐420‐2220‐43840 Refuse 1,030.00 898.33 87.22%101‐420‐2220‐44010 Repairs/Maint Bldg 9,000.00 11,017.63 122.42%101‐420‐2220‐44040 Repairs/Maint Eqpt 43,920.00 49,484.64 112.67%101‐420‐2220‐44170 Uniforms 10,000.00 12,697.55 126.98%101‐420‐2220‐44330 Dues & Subscriptions 6,330.00 6,840.98 108.07%101‐420‐2220‐44350 Books 1,000.00 941.98 94.20%101‐420‐2220‐44370 Conferences & Training 20,580.00 21,715.06 105.52%Total Charges and Services174,794.00 186,524.14 106.71%Within expectationCapital Outlay101‐480‐8000‐45500 Vehicle‐ ‐ #DIV/0!101‐480‐8000‐45800 Equipment‐ ‐ #DIV/0!Total Capital Outlay‐ ‐ #DIV/0!Miscellaneous101‐420‐2220‐44300 Miscellaneous 2,000.00 2,259.42 112.97%Total Miscellaneous2,000.00 2,259.42 112.97%2220Total Fire 819,812.00 724,677.84 88.40%2220Fire ReliefCharges and Services101‐420‐2250‐44920 Fire State Aid 64,000.00 80,469.54 125.73%Pass through in OctTotal Charges and Services64,000.00 80,469.54 125.73%2250Total Fire Relief64,000.00 80,469.54 125.73%Within expectation8
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments2400Building InspectionPersonnel101‐420‐2400‐41010 Full‐time Salaries 400,707.00 320,304.62 79.93%no B.O. offset by increase in contracted services101‐420‐2400‐41210 PERA Contributions 30,053.00 25,185.55 83.80%101‐420‐2400‐41216 MSRS Employer Contribution 504.00 456.75 90.63%101‐420‐2400‐41220 FICA Contributions 24,844.00 18,076.67 72.76%101‐420‐2400‐41230 Medicare Contributions 5,810.00 4,422.32 76.12%101‐420‐2400‐41300 Insurance 81,179.00 53,549.26 65.96%101‐420‐2400‐41325 Life Insurance 331.00 389.23 117.59%101‐420‐2400‐41330 STD/LTD 2,341.00 1,348.22 57.59%101‐420‐2400‐41510 Workers Compensation 4,815.00 4,221.92 87.68%Paid in Q2Total Personnel550,584.00 427,954.54 77.73%Within expectationMaterials and Supplies101‐420‐2400‐42000 Office Supplies 1,750.00 848.51 48.49%101‐420‐2400‐42030 Printed Forms 350.00 ‐ 0.00%101‐420‐2400‐42120 Fuel, Oil and Fluids 3,600.00 3,574.05 99.28%Total Materials and Supplies5,700.00 4,422.56 77.59%Within expectationCharges and Services101‐420‐2400‐43030 Engineering 5,000.00 487.50 9.75%101‐420‐2400‐43150 Inspector Contract Services 319,300.00 769,929.96 241.13%MNSPECT services. More than anticipated101‐420‐2400‐43180 Information Technology/Web‐ 1,785.00 #DIV/0!101‐420‐2400‐43185 IT Support 6,820.00 6,176.76 90.57%101‐420‐2400‐42002 IT Hardware 700.00 1,413.32 201.90%New computer BuildingInspector101‐420‐2400‐43190 Software Programs 1,100.00 1,495.00 135.91%101‐420‐2400‐43210 Telephone 3,760.00 3,208.51 85.33%101‐420‐2400‐43630 Insurance 4,962.00 3,404.01 68.60%101‐420‐2400‐44040 Repairs/Maint Eqpt 1,500.00 7,478.70 498.58%Vehicle repairs 4K and increase copier repairs101‐420‐2400‐44170 Uniforms 800.00 326.03 40.75%101‐420‐2400‐44330 Dues & Subscriptions 500.00 290.00 58.00%101‐420‐2400‐44350 Books 600.00 430.20 71.70%101‐420‐2400‐44370 Conferences & Training 3,200.00 1,848.00 57.75%Total Charges and Services348,242.00 798,272.99 229.23%Capital Outlay101‐480‐2400‐45500 Vehicle‐ ‐ #DIV/0!Total Capital Outlay‐ ‐ #DIV/0!Miscellaneous101‐420‐2400‐44371 Allocations from Admin, Finance, City Hall 20,616.00 ‐ 0.00%Offset by negative budgets in Admin, Finance and City Hall101‐420‐2400‐44300 Miscellaneous 1,000.00 868.40 86.84%Total Miscellaneous21,616.00 868.40 4.02%2400Total Building Inspection 926,142.00 1,231,518.49 132.97%9
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments2500Emergency CommunicationsCharges and Services101‐420‐2500‐43150 Contract Services 3,350.00 1,514.00 45.19%Total Charges and Services3,350.00 1,514.00 45.19%2500Total Emergency Communications 3,350.00 1,514.00 45.19%Within expectation2700Animal ControlCharges and Services101‐420‐2700‐43150 Contract Services 13,000.00 14,161.22 108.93%Total Charges and Services13,000.00 14,161.22 108.93%2700Total Animal Control 13,000.00 14,161.22 108.93%Within expectation3100StreetsPersonnel101‐430‐3100‐41010 Full‐time Salaries 412,315.00 338,210.45 82.03%PW allocations are estimated. Offset by increased Water, Sewer, Storm salaries. 101‐430‐3100‐41020 Overtime 6,000.00 8,604.74 143.41%101‐430‐3100‐41040 Temporary Employees 12,500.00 4,871.00 38.97%101‐430‐3100‐41210 PERA Contributions 31,374.00 25,852.65 82.40%101‐430‐3100‐41220 FICA Contributions 26,711.00 20,861.89 78.10%101‐430‐3100‐41230 Medicare Contributions 6,247.00 4,878.74 78.10%101‐430‐3100‐41300 Insurance 92,920.00 69,020.73 74.28%101‐430‐3100‐41325 Life Insurance 427.00 304.66 71.35%101‐430‐3100‐41330 STD/LTD 2,267.00 1,806.43 79.68%101‐430‐3100‐41600 Safety Clothing Allowance 600.00 ‐ 0.00%101‐430‐3100‐41510 Workers Compensation 41,208.00 49,530.06 120.20%Paid in Q2Total Personnel632,569.00 523,941.35 82.83%Materials and Supplies101‐430‐3100‐42000 Office Supplies 500.00 171.14 34.23%101‐430‐3100‐42120 Fuel, Oil and Fluids 21,000.00 21,203.03 100.97%101‐430‐3100‐42150 Operating Supplies 9,500.00 9,192.12 96.76%101‐430‐3100‐42210 Repair/Maint. Supplies 10,000.00 9,453.47 94.53%101‐430‐3100‐42212 Repair/Maint. Supplies S&I 10,000.00 11,004.20 110.04%101‐430‐3100‐42240 Street Maintenance & Landscaping ‐ Materials 39,000.00 46,643.00 119.60%101‐430‐3100‐42260 Street Signs 4,000.00 3,422.10 85.55%101‐430‐3100‐42290 Sand/Salt S&I 85,000.00 55,574.81 65.38%101‐430‐3100‐42400 Small Tools & Minor Equipment 4,500.00 3,784.14 84.09%101‐430‐3100‐44375 Personal Protection Equipment 1,200.00 311.95 26.00%Total Materials and Supplies184,700.00 160,759.96 87.04%Within expectation10
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetCommentsCharges and Services101‐430‐3100‐43030 Engineering Services 14,000.00 10,044.20 71.74%101‐430‐3100‐43090 Sealcoating & Crack Sealing 565,000.00 592,655.97 104.89%101‐430‐3100‐43150 Contract Services 24,000.00 23,727.72 98.87%101‐430‐8066‐43150 Contract Services 4,526.75 #DIV/0!101‐430‐3100‐43185 IT Support 12,976.00 8,885.70 68.48%101‐430‐3100‐42002 IT Hardware 750.00 743.00 99.07%101‐430‐3100‐43190 Software Programs 1,750.00 6,543.81 373.93%Beehive101‐430‐3100‐43210 Telephone 5,500.00 4,472.20 81.31%101‐430‐3100‐43230 Radio 5,000.00 4,120.80 82.42%101‐430‐3100‐43310 Mileage 250.00 ‐ 0.00%101‐430‐3100‐43510 Public Notices 212.00 ‐ 0.00%101‐430‐3100‐43630 Insurance 25,787.00 23,561.52 91.37%Billed in Q2101‐430‐3100‐43810 Utilities 25,000.00 24,890.99 99.56%101‐430‐3100‐43811 Street Lights 39,000.00 53,948.86 138.33%101‐430‐3100‐43840 Refuse 4,600.00 9,120.89 198.28%City got charged more for furniture/mattresses dumped at City trash locations101‐430‐3100‐44010 Repairs/Maint Bldg. 12,000.00 6,312.60 52.61%101‐430‐3100‐44030 Repairs/Maint Imp Other Than Bldg. 650.00 579.22 89.11%101‐430‐3100‐44040 Repairs/Maint Equip 29,500.00 14,597.96 49.48%101‐430‐3100‐44041 Repairs/Maint Equip S&I 14,000.00 7,698.84 54.99%101‐430‐3100‐44130 Equipment Rental 2,000.00 ‐ 0.00%101‐430‐3100‐44170 Uniforms 5,700.00 4,782.51 83.90%101‐430‐3100‐44330 Dues & Subscriptions 750.00 323.37 43.12%101‐430‐3100‐44370 Conferences & Training 4,500.00 1,529.00 33.98%101‐430‐3100‐44380 Clean‐up Days‐ ‐ #DIV/0!Total Charges and Services792,925.00 803,065.91 101.28%Within expectationCapital Outlay101‐900‐9000‐47200 Transfer to Vehicle Replacement Fund101‐480‐3100‐45500 Capital Purchases‐ ‐ #DIV/0!Total Capital Outlay‐ ‐ #DIV/0!Miscellaneous101‐430‐3100‐44300 Miscellaneous 1,000.00 541.25 54.13%Total Miscellaneous1,000.00 541.25 54.13%3100Total Streets 1,611,194.00 1,488,308.47 92.37%11
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments5200Parks & RecreationPersonnel101‐450‐5200‐41010 Full‐time Salaries 72,988.00 86,833.13 118.97%PW allocations are estimated101‐450‐5200‐41040 Temporary Employees 10,000.00 5,054.00 50.54%101‐450‐5200‐41210 PERA Contributions 5,474.00 6,472.97 118.25%101‐450‐5200‐41220 FICA Contributions 5,145.00 5,482.85 106.57%101‐450‐5200‐41230 Medicare Contributions 1,203.00 1,282.28 106.59%101‐450‐5200‐41300 Insurance 15,415.00 16,470.80 106.85%101‐450‐5200‐41325 Life Insurance 67.00 69.18 103.25%101‐450‐5200‐41330 STD/LTD 401.00 443.25 110.54%101‐450‐5200‐41600 Safety Clothing Allowance 350.00 350.00 100.00%101‐450‐5200‐41510 Workers Compensation 10,901.00 4,144.89 38.02%Paid in Q2Total Personnel121,944.00 126,603.35 103.82%Materials and Supplies101‐450‐5200‐42000 Office Supplies 450.00 126.19 28.04%101‐450‐5200‐42120 Fuel, Oil and Fluids 5,500.00 8,178.15 148.69%101‐450‐5200‐42150 Operating Supplies 750.00 642.60 85.68%101‐450‐5200‐42210 Repair/Maint. Supplies 6,000.00 7,054.86 117.58%101‐450‐5200‐42230 Building Repair Supplies 500.00 359.87 71.97%101‐450‐5200‐42250 Landscaping Materials 550.00 455.93 82.90%101‐450‐5200‐42400 Small Tools & Minor Equipment 4,550.00 1,980.42 43.53%Total Materials and Supplies18,300.00 18,798.02 102.72%Within expectationCharges and Services101‐450‐5200‐43150 Contracted Services 56,000.00 48,494.39 86.60%101‐450‐5200‐43185 IT Support 5,500.00 5,774.24 104.99%101‐450‐5200‐43210 Telephone 1,750.00 877.71 50.15%101‐450‐5200‐43630 Insurance 7,858.00 7,180.24 91.37%Billed in Q2101‐450‐5200‐43810 Utilities 10,815.00 10,528.68 97.35%101‐450‐5200‐43840 Refuse 4,000.00 3,886.51 97.16%101‐450‐5200‐44010 Repairs/Maint Bldg 3,000.00 2,125.49 70.85%101‐450‐5200‐44030 Repairs/Maint Imp Not Bldgs 3,200.00 2,070.61 64.71%101‐450‐5200‐44040 Repairs/Maint Eqpt 14,000.00 6,292.49 44.95%101‐450‐5200‐44120 Rentals ‐ Buildings 7,000.00 8,909.34 127.28%More than anticipated101‐450‐5200‐44170 Uniforms 1,100.00 952.91 86.63%101‐450‐5200‐44302 Lakes 15,000.00 15,000.00 100.00%101‐450‐5200‐44370 Conferences & Training 3,000.00 815.00 27.17%101‐450‐5200‐44130 Equipment Rental 1,000.00 73.00 7.30%101‐450‐5200‐44375 Personal Protection Equipment 400.00 ‐ 0.00%Total Charges and Services133,623.00 112,980.61 84.55%Capital Outlay101‐900‐9000‐47200 Transfer to Vehicle Replacement Fund101‐900‐5200‐45500 Capital Purchases‐ ‐ #DIV/0!Total Capital Outlay‐ ‐ #DIV/0!Miscellaneous101‐450‐5200‐44300 Miscellaneous 1,000.00 309.41 30.94%Total Miscellaneous1,000.00 309.41 30.94%5200Total Parks & Recreation 274,867.00 258,691.39 94.12%12
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments9000TransfersTransfers101‐493‐9360‐47200 Transfers Out 378,736.48 #DIV/0!To close the Village Fund101‐900‐9000‐47201 Operating Transfer to Proj Fun 30,000.00 #DIV/0!Transfer to cover Inwood & 5th St Stop Light101‐900‐9000‐47205 Operating Transfer to EDA 30,000.00 30,000.00 100.00%101‐900‐9000‐47250 Operating Trans to Vehicle‐Add 125,000.00 125,000.00 100.00%101‐900‐9000‐47200 Transfer to Vehicle Replacement Fund 135,746.00 135,746.00 100.00%Total Transfers290,746.00 699,482.48 240.58%9000Total Transfers 290,746.00 699,482.48 240.58%Within expectation9000Contingency ReserveContingency ReserveReserve for possible Insurance Increase‐ ‐ #DIV/0!Total Contingency Reserve‐ ‐ #DIV/0!9000Contingency Reserve‐ ‐ #DIV/0!Prior Period AdjustmentsTotal General Fund Expenditures:6,063,620.00 6,504,868.91 107.28%Total Gen Fund Revs. Over/(Under) Expenditures:(2.00) 388,939.22 13
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments601Water FundWater Fund Revenues:601‐000‐0000‐36100 Special Assessments 10,740.00 56,024.17 521.64%Includes new assessment rolls, adjustments for prepaiments durning the year for certified assessments601‐494‐8000‐36103 Prepaid Special Assessments‐ 88,821.77 #DIV/0!Prepaid of new assessment rolls prior to certification601‐000‐0000‐37100 Water Sales 1,029,177.00 1,238,310.07 120.32%New accounts and streamlining the billing process with a FT UB staff601‐000‐0000‐37120 Bulk Water 1,000.00 709.55 70.96%601‐000‐0000‐37140 Water Access Revenue 1,617,000.00 1,545,000.00 95.55%Fluctuates with timing and number of developments/projects. 601‐000‐0000‐37150 Water Connections ‐ Municipal 451,000.00 508,000.00 112.64%Continental in Q1. More than anticipated overall601‐000‐0000‐37170 Meter Sales 95,000.00 149,943.52 157.84%Reflects the growth in increased building601‐000‐0000‐36220 Rent 26,000.00 8,000.00 30.77%Farmland Rent Keene Faarms LLCTotal Water Fund Revenues:3,229,917.00 3,594,809.08 111.30%Water Fund Expenses:Personnel601‐494‐9400‐41010 Full‐time Salaries 217,707.00 284,849.97 130.84%PW allocations are estimated. Offset by decreased street salaries. 601‐494‐9400‐41030 Part‐time Salaries 13,992.00 ‐ 0.00%No part time salaries since utility billing clerk made ft position601‐494‐9400‐41020 Overtime 6,000.00 7,618.82 126.98%601‐494‐9400‐41040 Temporary Employees‐ ‐ #DIV/0!601‐494‐9400‐41210 PERA Contributions 17,827.00 21,379.94 119.93%601‐494‐9400‐41216 MSRS Contributions ‐City Admin 461.00 557.39 120.91%601‐494‐9400‐41220 FICA Contributions 14,737.00 16,906.11 114.72%601‐494‐9400‐41230 Medicare Contributions 3,447.00 3,957.87 114.82%601‐494‐9400‐41300 Insurance 44,902.00 57,711.06 128.53%601‐494‐9400‐41325 Life Insurance 197.00 231.33 117.43%601‐494‐9400‐41330 STD/LTD 1,177.00 1,428.56 121.37%601‐494‐9400‐41600 Safety Clothing Allowance 400.00 546.22 136.56%601‐494‐9400‐41510 Workers Compensation 7,682.00 7,853.08 102.23%Total Personnel328,529.00 403,040.35 122.68%Within expectationMaterials and Supplies601‐494‐9400‐42000 Office Supplies 800.00 475.84 59.48%601‐494‐9400‐42120 Fuel, Oil and Fluids 9,000.00 8,877.97 98.64%601‐494‐9400‐42030 Printed Forms 750.00 958.14 127.75%601‐494‐9400‐42150 Operating Supplies 3,500.00 3,572.45 102.07%601‐494‐9400‐42160 Chemicals 11,000.00 8,429.12 76.63%601‐494‐9400‐42210 Repair/Maint. Supplies 16,000.00 5,512.24 34.45%601‐494‐9400‐42300 Water Meters & Supplies 145,000.00 179,885.40 124.06%Purchase at beginning of year and in line with revenues generated from sales of meters601‐494‐9400‐44375 Personal Protective Equipment 800.00 378.47 47.31%601‐494‐9400‐42400 Small Tools & Minor Equipment 9,800.00 3,885.69 39.65%Total Materials and Supplies196,650.00 211,975.32 107.79%Within expectation14
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetCommentsCharges and Services601‐494‐9400‐43030 Engineering Services 25,000.00 7,119.31 28.48%601‐494‐9400‐43010 Audit Services 8,227.00 8,608.25 104.63%601‐494‐9400‐43090 Newsletter 1,100.00 1,187.37 107.94%601‐494‐9400‐43150 Contract Services 30,000.00 38,785.36 129.28%More than anticipated601‐494‐9400‐43185 IT Support 8,027.00 8,680.22 108.14%601‐494‐9400‐42002 IT Hardware 1,000.00 ‐ 0.00%601‐494‐9400‐43190 Software Programs 9,900.00 7,896.79 79.77%601‐494‐9400‐43210 Telephone 2,000.00 1,602.58 80.13%601‐494‐9400‐44377 Credit Card Fees 7,262.00 10,931.41 150.53%601‐494‐9400‐43220 Postage 4,000.00 1,972.07 49.30%601‐494‐9400‐43310 Mileage 200.00 ‐ 0.00%601‐494‐9400‐43610 Insurance 11,607.00 10,605.41 91.37%Billed in Q2601‐494‐9400‐43810 Electric Utility 80,000.00 108,408.76 135.51%601‐494‐9400‐43820 Water Utility 23,000.00 30,056.69 130.68%601‐494‐9400‐44030 Repairs\Maint Imp Not Bldgs 45,000.00 15,028.19 33.40%601‐494‐9400‐44040 Repairs/Maint. Equip. 7,500.00 1,463.96 19.52%601‐494‐9400‐44010 Repairs\Maint Imp Bldgs 4,000.00 3,135.65 78.39%601‐494‐9400‐44150 Equipment Rental 1,000.00 1,600.00 160.00%601‐494‐9400‐44170 Uniforms 1,000.00 879.51 87.95%601‐494‐9400‐44330 Dues & Subscriptions 400.00 300.00 75.00%601‐494‐9400‐44370 Conferences & Training 2,500.00 3,963.88 158.56%601‐494‐9400‐44386 Real Estate Taxes 23,777.00 23,474.00 98.73%Total Charges and Services296,500.00 285,699.41 96.36%Within expectationCapital Outlay601‐494‐9400‐45300 Improvments Other Than Bldgs 658,844.00 241,383.00 36.64%Based on timing of construction. Budget for Oversizing and meter replacementTotal Capital Outlay658,844.00 241,383.00 36.64%Miscellaneous and Non‐operating601‐494‐9400‐44300 Miscellaneous 2,000.00 542.19 27.11%601‐494‐9400‐46010 Bond Principal 790,000.00 790,000.00 100.00%Bond Principal payments are adjusted at EOY against Bonds outstanding601‐494‐9400‐46110 Bond Interest 252,402.00 219,564.42 86.99%Refinanced 2013A Bonds resulted in interest savingsTotal Misc. and Non‐operating1,044,402.00 1,010,106.61 96.72%Within expectationPrior Period AdjustmentsTotal Water Fund Expenses:2,524,925.00 2,152,204.69 85.24%Total Water Fund Revs. Over/(Under) Expenses:704,992.00 1,442,604.39 204.63%15
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments602Sewer FundSewer Fund Revenues:602‐000‐0000‐36100 Special Assessments 162,570.00 1,545,647.78 950.76%Includes new assessment rolls, adjustments for prepaiments durning the year for certified assessments602‐495‐8055‐36103 Special Assessments‐ 9,249.63 #DIV/0!SA payoffs602‐495‐8000‐36103 Prepaid Special Assessments‐ 336,268.40 #DIV/0!SA payoffs602‐000‐0000‐37200 Sewer Sales 466,378.00 404,245.81 86.68%Estimated high. Will revisit in projections in 2022. PY revenues were 350K602‐000‐0000‐37220 SAC Early Pay discount/revenue 7,500.00 8,995.70 119.94%602‐000‐0000‐37240 Sewer Connecton Fee Revenue (SAC) 1,359,000.00 1,491,000.00 109.71%Fluctuates with timing and number of developments/projects. 602‐000‐0000‐37260 Sewer Connection Fees Municipa 389,000.00 482,000.00 123.91%Continental Properties in Q1 and Royal Golf 3rd Q3Total Sewer Fund Revenues:2,384,448.00 4,277,407.32 179.39%Sewer Fund Expenses:Personnel602‐495‐9450‐41010 Full‐time Salaries 82,123.00 104,266.55 126.96%PW allocations are estimated. Offset by decreased street salaries. 602‐495‐9450‐41030 Part‐time Salaries 12,243.00 ‐ 0.00%No part time salaries since utility billing clerk made ft position602‐495‐9450‐41020 Overtime 6,000.00 7,264.92 121.08%602‐495‐9450‐41210 PERA Contributions 7,527.00 8,396.36 111.55%602-495-9450-41216MSRS Contributions ‐City Admin 308.00 278.88 90.55%602‐495‐9450‐41220 FICA Contributions 6,223.00 6,618.58 106.36%602‐495‐9450‐41230 Medicare Contributions 1,455.00 1,550.26 106.55%602‐495‐9450‐41300 Insurance 16,435.00 21,869.69 133.07%602‐495‐9450‐41325 Life Insurance 69.00 82.65 119.78%602‐495‐9450‐41330 STD/LTD 440.00 496.40 112.82%602‐495‐9450‐41600 Safety Clothing Allowance 140.00 ‐ 0.00%602‐495‐9450‐41510 Workers Compensation 4,617.00 2,715.84 58.82%Total Personnel137,580.00 153,540.13 111.60%Within expectationMaterials and Supplies602‐495‐9450‐42210 Repair/Maint. Supplies 3,500.00 2,689.15 76.83%602‐495‐9450‐42000 Office Supplies 600.00 438.37 73.06%602‐495‐9450‐42030 Printed Forms 600.00 594.00 99.00%602‐495‐9450‐42120 Fuel, Oil and Fluids 8,200.00 8,871.45 108.19%602‐495‐9450‐42150 Operating Suppies 1,500.00 663.22 44.21%602‐495‐9450‐44375 Personal Protective Equipment 350.00 193.05 55.16%602‐495‐9450‐42400 Small Tools & Minor Equipment 2,500.00 2,116.53 84.66%Total Materials and Supplies17,250.00 15,565.77 90.24%Within expectation16
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetCommentsCharges and Services602‐494‐9450‐42210 RepairMaint. Supplies‐ 67.88 #DIV/0!602‐495‐9450‐43030 Engineering Services 15,000.00 1,875.25 12.50%602‐495‐9450‐43010 Audit Services 8,227.00 8,608.25 104.63%602‐495‐9450‐43090 Newsletter 1,100.00 1,187.35 107.94%602‐495‐9450‐43150 Contract Services 50,000.00 35,264.44 70.53%602‐495‐9450‐43185 IT Support 4,684.00 5,122.82 109.37%602‐495‐9450‐42002 IT Hardware 650.00 ‐ 0.00%602‐495‐9450‐43190 Software Programs 9,305.00 8,771.76 94.27%602‐495‐9450‐43210 Telephone 2,500.00 2,596.82 103.87%602‐495‐9450‐44377 Credit Card Fees 7,262.00 10,931.41 150.53%602‐495‐9450‐43220 Postage 3,500.00 1,447.79 41.37%602‐495‐9450‐43310 Mileage 100.00 ‐ 0.00%602‐495‐9450‐43610 Insurance 4,633.00 4,233.70 91.38%Q2 Expense602‐495‐9450‐43810 Electric Utility 15,500.00 19,629.51 126.64%602‐495‐9450‐43820 Sewer Utility ‐ Met Council 265,011.00 265,011.36 100.00%602‐495‐9450‐44010 Repairs/Maint Imp Bldgs 1,000.00 1,180.51 118.05%602‐495‐9450‐44040 Repairs/Maint. Equip. 4,500.00 3,387.43 75.28%602‐495‐9450‐44150 Equipment Rental 8,000.00 7,000.00 87.50%602‐495‐9450‐44170 Uniforms 600.00 545.57 90.93%602‐495‐9450‐44030 Repairs\Maint Imp Not Bldgs 4,000.00 5,282.05 132.05%602‐495‐9450‐44370 Conferences & Training 3,500.00 1,600.08 45.72%Total Charges and Services409,072.00 383,743.98 93.81%Within expectationCapital Outlay602‐480‐8081‐43030 Engineering Services‐ 4,467.35 #DIV/0!602‐480‐8081‐43150 Contract Services‐ 749.99 #DIV/0!602‐495‐9450‐45300 Improvements Other Than Bldgs 275,760.00 120,760.00 43.79%Utility Van and Oversizing. Q4 expenses for oversizing $120K booked in Oct.Total Capital Outlay275,760.00 125,977.34 45.68%Miscellaneous and Non‐operating602‐495‐9450‐44300 Miscellaneous Expenses 1,000.00 ‐ 602‐495‐9450‐46010 Bond Principal 470,000.00 470,000.00 100.00%Bond Principal payments are adjusted at EOY against Bonds outstanding602‐495‐9450‐46110 Bond Interest 169,822.00 134,538.01 79.22%Refinanced 2013A Bonds resulted in interest savingsTotal Misc. and Non‐operating640,822.00 604,538.01 94.34%Prior Period AdjustmentTotal Sewer Fund Expenses:1,480,484.00 1,283,365.23 86.69%Total Sewer Fund Revs. Over/(Under) Expenses:903,964.00 2,994,042.09 331.21%17
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments603Storm Water FundStorm Water Fund Revenues:603‐000‐0000‐36210 Interest on Investment 4,574.00 (2,038.07) ‐44.56%Ofset by the Market Value adjusment for Financial Reporting at year end. Actual Interest earned $8,721603‐000‐0000‐37300 Surface Water Utility Sales 385,155.00 405,203.78 105.21%Billed once a year. Booked in Q4603‐000‐0000‐34113 SW Review Fee Revenue 35,000.00 46,520.00 132.91%Total Storm Water Fund Revenues:424,729.00 449,685.71 105.88%Storm Water Fund Expenses:Personnel603‐496‐9500‐41010 Full‐time Salaries 43,133.00 57,921.34 134.29%PW allocations are estimated. Offset by decreased street salaries. 603‐496‐9500‐41030 Part‐time Salaries 8,745.00 ‐ 0.00%no part time salaries since utility billing clerk made ft position603‐496‐9500‐41020 Overtime 1,000.00 426.65 42.67%603‐496‐9500‐41210 PERA Contributions 3,966.00 4,517.24 113.90%603‐496‐9500‐41216 MSRS Contributions ‐City Admin 154.00 139.45 90.55%603‐496‐9500‐41220 FICA Contributions 3,278.00 3,556.59 108.50%603‐496‐9500‐41230 Medicare Contributions 767.00 833.16 108.63%603‐496‐9500‐41300 Insurance 8,599.00 13,475.06 156.70%603‐496‐9500‐41325 Life Insurance 36.00 43.50 120.83%603‐496‐9500‐41330 STD/LTD 230.00 282.26 122.72%603‐496‐9500‐41600 Safety Clothing Allowance 125.00 125.00 100.00%603‐496‐9500‐41510 Workers' Compensation 2,232.00 1,060.04 47.49%Total Personnel72,265.00 82,380.29 114.00%Within expectationMaterials and Supplies603‐496‐9500‐42000 Office Supplies 450.00 53.55 11.90%603‐496‐9500‐42120 Fuel, Oil and Fluids 3,500.00 1,443.52 41.24%603‐496‐9500‐42030 Printed Forms 600.00 594.00 99.00%603‐496‐9500‐42270 Repair/Maint. Maint Supplies 2,250.00 3,413.30 151.70%603‐496‐9500‐42150 Operating Supplies 1,000.00 ‐ 0.00%603‐496‐9500‐44375 Personal Protective Equipment 500.00 (200.00) ‐40.00%603‐496‐9500‐42400 Small Tools & Minor Equipment 2,500.00 250.46 10.02%Total Materials and Supplies10,800.00 5,554.83 51.43%18
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetCommentsCharges and Services603‐496‐9500‐43030 Engineering Services 10,000.00 10,615.90 106.16%603‐496‐9500‐43010 Audit Services 8,227.00 8,608.25 104.63%603‐496‐9500‐43150 Contract Services 6,500.00 7,902.93 121.58%603‐496‐9500‐43185 IT Support 4,620.00 4,697.74 101.68%603‐496‐9500‐42002 IT Hardware 600.00 ‐ 0.00%603‐496‐9500‐43190 Software Programs 8,232.00 7,796.78 94.71%603‐496‐9500‐43210 Telephone 1,100.00 1,017.77 92.52%603‐496‐9500‐44377 Credit Card Fees 500.00 ‐ 0.00%603‐496‐9500‐43220 Postage 1,650.00 1,436.94 87.09%603‐496‐9500‐43510 Legal Publishing 60.00 ‐ 0.00%603‐496‐9500‐43610 Insurance 7,277.00 6,647.41 91.35%Billed in Q2603‐496‐9500‐44010 Street Sweeping 28,000.00 17,230.19 61.54%603‐496‐9500‐44040 Repairs/Maint Equip 2,500.00 615.88 24.64%603‐496‐9500‐44015 Repairs/Maint Bldg 100.00 ‐ 0.00%603‐496‐9500‐44030 Repairs/Maint Not Bldg 25,000.00 ‐ 0.00%603‐496‐9500‐44150 Equipment Rental 1,000.00 3,500.00 350.00%603‐496‐9500‐44170 Uniforms 250.00 180.42 72.17%603‐496‐9500‐44370 Conferences & Training 2,000.00 854.00 42.70%Total Charges and Services107,616.00 71,104.21 66.07%Within expectationCapital Outlay603‐496‐9500‐45300 Improvements Other Than Bldgs‐ 24,185.00 #DIV/0!Linden Ave Storm Sewer RepairTotal Capital Outlay‐ 24,185.00 #DIV/0!Miscellaneous and Non‐operating603‐496‐9500‐44300 Miscellaneous Expenses 5,000.00 780.00 15.60%603‐496‐9500‐46010 Bond Principal 200,000.00 200,000.00 100.00%Bond Principal payments are adjusted at EOY against Bonds outstanding603‐496‐9500‐46110 Bond Interest 54,771.00 49,359.40 90.12%Refinanced 2013A Bonds resulted in interest savingsTotal Misc. and Non‐operating259,771.00 250,139.40 96.29%Prior Period AdjustmentTotal Storm Water Fund Expenses:450,452.00 433,363.73 96.21%Total Storm Water Fund Revs. Over/(Under) Expenses:(25,723.00) 16,321.98 ‐63.45%19
CITY OF LAKE ELMO2021 YTD ActualsMaster Worksheet 3/8/20222:54 PM2021 Actual YTD % ofAccount NumberDescriptionAdopted12/31/2021BudgetComments221EDA Brookfield Building FundEDA Brookfield Bldg Fund Revenues:221‐000‐0000‐34110 Tenant Rents 88,836.00 57,539.00 64.77%Within expectation. Tenants moved out in 2021221‐000‐0000‐39201 Transfer from City Hall Budget 30,000.00 30,000.00 100.00%Total EDA Brookfield Building Fund Revenues:118,836.00 87,539.00 73.66%EDA Brookfield Bldg Fund Expenses:Materials and Supplies221‐460‐6301‐42110 Repair/Maint. Maint Supplies 2,000.00 310.40 15.52%221‐460‐6301‐42150 Operating Supplies 100.00 ‐ 0.00%Total Materials and Supplies2,100.00 310.40 14.78%Charges and Services221‐460‐6301‐43150 Contract Services 10,000.00 13,134.62 131.35%221‐460‐6301‐44386 Real Estate Taxes 14,410.00 13,612.00 94.46%Paid in Q2221‐460‐6301‐43810 Utilities 21,630.00 17,535.48 81.07%221‐460‐6301‐43840 Refuse 6,500.00 5,403.67 83.13%221‐460‐6301‐44040 Repairs/Maint Equip 7,500.00 ‐ 0.00%Total Charges and Services60,040.00 49,685.77 82.75%Capital Outlay221‐460‐6301‐45200 Buildings‐ ‐ #DIV/0!221‐460‐6301‐45300 Improvements Other Than Bldgs‐ ‐ #DIV/0!Total Capital Outlay‐ ‐ #DIV/0!Miscellaneous and Non‐operating221‐460‐6301‐44300 Miscellaneous Expenses 1,000.00 3,268.00 326.80%221‐460‐6301‐46010 Bond Principal 47,000.00 881,000.00 1874.47%Refinanced in 2021221‐460‐6301‐46110 Bond Interest 38,588.00 54,746.25 141.87%Refinanced in 2021221‐460‐6301‐46200 Fiscal Agent Fees 1,700.00 1,700.00 100.00%Total Misc. and Non‐operating88,288.00 940,714.25 1065.51%Total EDA Brookfield Bldg Fund Expenses:150,428.00 990,710.42 658.59%Total EDA Brookfield Bldg Fund Revs. Over/(Under) Expenses:(31,592.00) (903,171.42) 2858.86%20
Category Total Concentration Face / CostYield to MaturityAnnualized Cost Yield AmountMarket ValueMoney Market 66% 34,158,429.91 0.32% 108,928.18 34,158,429.91$ Brokered CD 9% 4,383,000.00 1.32% 57,749.50 4,403,367.07$ Non‐Brokered CD 2% 1,000,000.00 0.50% 5,000.00 1,000,000.00$ Government Securities 16% 8,265,000.00 0.71% 58,381.00 8,187,315.35$ Municipal Securities 6% 3,159,873.20 2.44% 77,247.34 3,240,844.70$ Checking 1% 728,057.44 0.00%‐ 728,057.44$ 100% 51,694,360.55 0.59% 307,306.01$ 51,718,014.47$ Category Total Concentration Face / CostYield to MaturityAnnualized Cost Yield AmountMarket ValueMoney Market 46% 14,729,862.39 0.29% 42,322.53 14,729,862.39$ Brokered CD 18% 5,601,000.00 1.59% 89,322.40 5,655,198.40$ Non‐Brokered CD 3% 1,000,000.00 0.50% 5,000.00 1,000,000.00$ Government Securities 23% 7,265,849.70 0.70% 50,882.70 7,248,831.40$ Municipal Securities 11% 3,358,419.86 2.43% 81,495.43 3,466,955.15$ Checking 0% 490,116.90 0.00%‐ 490,116.90$ 100% 32,445,248.85 0.83% 269,023.07$ 32,590,964.24$ As of December 31, 2021As of September 30, 2021
Category Total Concentration Face / CostYield to MaturityAnnualized Cost Yield AmountMarket ValueMoney Market 38% 11,511,889.07 0.23% 26,959.55 11,511,889.07$ Brokered CD 20% 6,091,000.00 1.73% 105,467.90 6,171,554.97$ Non‐Brokered CD 3% 1,000,000.00 0.50% 5,000.00 1,000,000.00$ Government Securities 22% 6,765,538.80 0.72% 48,882.08 6,748,096.20$ Municipal Securities 11% 3,358,419.86 2.43% 81,495.43 3,477,737.70$ Checking 5% 1,603,746.43 0.00%‐ 1,603,746.43$ 100% 30,330,594.16 0.88% 267,804.96$ 30,513,024.37$ Category Total Concentration Face / CostYield to MaturityAnnualized Cost Yield AmountMarket ValueMoney Market 49% 15,759,163.04 0.11% 17,178.52 15,759,163.04$ Brokered CD 23% 7,211,001.40 1.74% 125,564.52 7,306,877.88$ Government Securities 9% 2,815,263.83 0.37% 10,281.53 2,806,717.10$ Municipal Securities 11% 3,358,419.86 2.56% 86,099.59 3,461,168.90$ Checking 8% 2,584,847.91 0.00%‐ 2,584,847.91$ 100% 31,728,696.04 0.75% 239,124.16$ 31,918,774.83$ As of June 30, 2021As of March 31, 2021
ChangeFace/Cost 19,249,111.70 37.24%Yield to Maturity‐0.23%Concentration 57%Money Market increased approximately 57 % from previous quarter. As noted above funds for the City Center CIP project are kept in a Money Market account since are expected to be spent within the next 12‐18 months. Additionaly, cash are needed in January of 2022, approximately 3.5 Mill do meet the city debt service obligations, and to continue to pay for remaining 2021 Infrastructure CIP projects.The total Cash & Investments increased 37.24% or $19,249,984.37 due to the issuance of the 2021 G.O. Bond in December. The CIP portion of the funds is expected to be spent within the next 12‐18 months, approximately 16Mill. As a result the funds are currently kept in a Money Market account at a yield rate of 0.45%. The rate is comparable to 1 year CD rates. Overall the rates remained constant. The market continues to stay low. Going forward the greatest impact will be when CD's and Agency obligations are called and the options to replace will have yields over 1% to 2% less than the current yields. The number of calls on Munis are minimal so the yield that portion of the portfolio should not diminish significantly.
26,446.21 19,407.64 14,973.61 34,100.14 19,558.69 29,024.45 19,962.25 11,436.66 20,417.54 33,368.14 20,064.77 41,904.14 290,664.24 ‐50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 January February March April May June July August September October November December Total2021 Interest Earnings from Investments
Money Market$34,158,429.91 66%Brokered CD$4,403,367.07 9%Non‐Brokered CD$1,000,000.00 2%Government Securities$8,187,315.35 16%Municipal Securities$3,240,844.70 6%Checking$728,057.44 1%Market Value 12/31/2021Money MarketBrokered CDNon‐Brokered CDGovernment SecuritiesMunicipal SecuritiesChecking
DATE: March 15, 2022 CONSENT
AGENDA ITEM: Step Increase, Planning Director Molly Just
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: Per the city’s Compensation Policy, “A probationary employee may advance to the next pay step after satisfactorily completing six months of employment which meets performance expectations, subject to approval of the City Council… Determination of satisfactory performance must be recommended by the immediate supervisor on forms prescribed by the City Administrator.” Molly Just was hired as Planning Director effective September 10, 2021. Her probationary period ended March 10, 2021. A probationary performance review was completed, discussed by the employee and city administrator. The discussion included a review of performance as it relates to the planning director essential functions and sets out goals for the next review period. ISSUE BEFORE COUNCIL: Should the Council approve a step increase for Just? PROPOSAL: I am recommending Just receive one step increase effective March 10, 2022. She was hired at step 6 and would move to step 7 in the non-represented pay plan. Step 7 is a biweekly pay rate of $4000.80.
FISCAL IMPACT: Employee wage adjustments consistent with the Compensation Policy and Pay Plan were included in the 2022 budget. RECOMMENDATION: If removed from the consent agenda:
“Motion to approve a step increase to $4,000.80 biweekly for Molly Just effective March 10, 2022.” ATTACHMENTS:
• None
DATE: March 15, 2022
CONSENT
TO: City Council
FROM: Dustin Kalis, Fire Chief & Katie Hawke, Relief Association President
AGENDA ITEM: Approve Lake Elmo Firefighters Relief Association Bylaws
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
The Lake Elmo Firefighters Relief Association Board of Trustees has been working diligently this
year on reviewing and updating the association’s bylaws to ensure compliance with current
state statutes, address inconsistencies and improve the overall readability of the document.
With the last bylaw update occurring in 2013, we made it a priority for the year to get the
bylaws updated. The Board of Trustees worked with Mike Stroeing, who has over 20 years’
experience working with relief associations, to complete the bylaw update.
ISSUE BEFORE COUNCIL:
Should the City Council approve the Lake Elmo Firefighters Relief Association Bylaws as
presented?
PROPOSAL DETAILS/ANALYSIS:
The Lake Elmo Firefighters Relief Association Board of Trustees focused on the following areas
for the bylaw update:
• State statutory update and compliance
• Updated board member job descriptions
The bylaw update and revision have been approved by the Lake Elmo Firefighters Relief
Association Board of Trustees and general membership of the association.
Approval of the municipality is required per Minn. Stat. 424A.02, subd 10 followed by
submitting a copy to the State Auditor for final approval.
FISCAL IMPACT:
None. This bylaw update does not provide any changes or increase to the current benefit.
RECOMMEDNATION:
Staff is recommending that the City Council approve, as part of the Consent Agenda, the Lake
Elmo Firefighters Relief Association Bylaws. If removed from the consent agenda, the
recommended motion for the action is as follows: “Motion to approve the Lake Elmo
Firefighters Relief Association Bylaws.”
ATTACHMENTS:
• Bylaws of the Lake Elmo Firefighters Relief Association (February 27, 2022)
• Bylaws of the Lake Elmo Firefighters Relief Association (August 1, 2013)
DATE: March 15, 2022
CONSENT
TO: Honorable Mayor and City Council
FROM: Jake Dickson, Assistant City Administrator
AGENDA ITEM: Approve Hire of Firefighters
BACKGROUND: The 2020 Lake Elmo Fire Department Operational Audit recommended the creation and recruitment of Full Time Firefighters in 2022. The City Council approved the job description and advertisement for two
full time firefighters on January 4, 2022. Staff advertised the position for just under 4 weeks, and received 24 applications. Staff, along with an Assistant Fire Chief from an outside department, conducted two rounds of interviews and made conditional offers to two candidates.
ISSUE BEFORE COUNCIL: Should the Council approve conditional job offers to Jeff Guertin and Brian Talcott for the Full Time Firefighter Position? PROPOSAL DETAILS/ANALYSIS: Staff is recommending the Council approve the offers to Jeff Guertin and Brian Talcott, contingent on
background screening, psychological and physical evaluation. Both candidates would start as soon as practicable after the conditions of the offer are met. Both candidates
start at the advertised wage of $24.72/hour FISCAL IMPACT: Firefighter wages and benefits are included in the 2022 budget.
OPTIONS:
1) Approve conditional job offers to Jeff Guertin and Brian Talcott. 2) Do not approve conditional job offer 3) Readvertise the position RECOMMENDATION: If removed from consent agenda:
“Motion to approve Conditional Job Offers to Jeff Guertin and Brian Talcott contingent on screening and evaluation.” ATTACHMENTS: None
DATE: March 15, 2022
CONSENT
TO: Honorable Mayor and City Council
FROM: Jake Dickson, Assistant City Administrator
AGENDA ITEM: Promotion of Paid on Call Firefighters REVIEWED BY: Dustin Kalis, Fire Chief
BACKGROUND: There are three probationary POC firefighters eligible for promotion: Nathan Wagner, hired 9/21/2021 Bill Bermudez, hired 12/15/2020 Peter Haveman, hired 8/17/2021
ISSUE BEFORE COUNCIL: Should the three POC firefighters be promoted to Paid on Call Firefighter in full standing?
PROPOSAL DETAILS/ANALYSIS: All three firefighters have completed required education and training as follows: State Certified Firefighter I & II, State Certified Hazardous Material Operations, First Responder, and CPR, Approximately 200 hours
of training, and maintenance of response requirement, drills, and training. Nathan Wagner is a re-hire with current certifications, and has completed the probationary period consistent with the personnel policy.
Promotion to Firefighter status includes a wage increase from $12.00/hour to $14.00/hour. FISCAL IMPACT:
POC Firefighter wage increase consistent with 2022 budget. OPTIONS: 1. Promote Bill Bermudez, Peter Haveman, and Nathan Wagner to Firefighter status 2. Do not promote.
RECOMMENDATION: If removed from consent agenda:
“Motion to Promote Paid on Call Firefighters Bill Bermudez, Peter Haveman, and Nathan Wagner to Firefighter Status”
ATTACHMENTS:
- None
DATE: March 15, 2022
CONSENT
TO: Honorable Mayor and City Council
AGENDA ITEM: Special Event Permit for National Night Out Event SUBMITTED BY: Jake Dickson, Assistant City Administrator
BACKGROUND: In 2018 the City was approached to participate in a National Night Out event in order to bring the
community together in an annual gathering. The special event was approved in 2018, 2019, and 2021. The
City was approached again in February of 2022 to seek approval for the special event and road closures as
was done in the past.
The event will be largely the same as 2021. Staff is recommending an official City sponsorship this year through the approval of the special event permit application submitted by the event’s committee. Staff is recommending that the City sponsor the event further by including Public Works Staff and vehicles, as well as Fire Department Staff and vehicles. Administration Staff will also be present. ISSUE BEFORE COUNCIL: Should the Council approve the special event permit for the citywide National Night Out event at Lion’s Park? Should the Council approve the closure of Laverne Ave N from 36th St N to the fire station? PROPOSAL: Like last year, this event is aimed at the entire community and is a larger event than the typical
neighborhood National Night Out gatherings. As a result, the event will use the public land/facilities at
Lion’s park and the City’s insurance. The City’s insurance will cover this event if this Special Event
Permit is approved, and requires no additional coverage. Staff is following guidance from the League of
Minnesota Cities’ Parks & Recreation Loss Control Guide.
The resident group/committee will again have activities and other amenities be made available to
residents during the designated times as donated by local businesses and community groups.
Event Timetable:
6:00 PM – 8:00 PM on Tuesday, August 2nd, 2022. With road closure and initial setup starting around
4:00 PM.
Location:
The event will once again take place at Lion’s Park, and within the closed portion of Laverne Ave. Any
vehicles, booths, or other entertainment/activities will be positioned in the Lion’s Park parking lot or on
Laverne Ave. All vehicles and booths will be kept off of the ballfield in order to maintain the sod and
field integrity.
Parking:
Parking will be available along the nearby streets. Nearby business owners and organizations may also be
contacted for additional parking.
Insurance:
If approved, the event would be using the City’s property and liability insurance at no additional costs to
the City or event representatives
Restrooms:
Event attendees will have access to the Lion’s Park restrooms and the on-site portable restroom.
Entertainment:
As with the theme of National Night Out, vehicles and equipment from the Public Works and Fire
Departments, as well as the Washington County Sheriff’s Department, will be displayed along Laverne
Ave. and in the Lion’s Park parking lot.
Activities, giveaways, and other amenities will be provided by local business, clubs, churches, and the
Washington County Library. There are plans to have live music and a drumline.
Food:
The event organizers will not be direct selling, or providing food, but they will once again reach out to
food trucks to park along Laverne Ave. for attendees. Interested food vendors would be using their own
insurance, and already has the necessary permitting in place. Any free refreshments given away by
booths/business-owners will have no impact on insurance needs and are permitted.
No alcohol will be served at the event.
Additional Information:
Vehicle displays and staff participation will be focused at the Lion’s Park area, and the Fire Department
plans to be available for any specific neighborhood gatherings requesting a Fire Department visit. The
availability of vehicles and staff will be managed by the Fire Department based on what they are able to
provide.
City staff will help to promote the event via the City’s website, Facebook page, the Fresh E-Newsletter,
and the printed newsletter mailed to each Lake Elmo Address.
FISCAL IMPACT: No cost outside of staff time in preparation for the event, promoting the event, and for those who will be attending the event.
OPTIONS: 1) Approve the sponsorship of the citywide National Night Out event at Lion’s Park as proposed including the closure of Laverne Ave N from the fire station north to 36th St from 4:00PM to
8:00PM 2) Approve the sponsorship of the citywide National Night Out event at Lion’s Park under different parameters
3) Do not approve the National Night Out event at Lion’s Park.
RECOMMENDATION:
“Move to approve the special event permit for the citywide National Night Out event at Lion’s Park and the closure of Laverne Ave N from the Fire Station north to 36th St from 4:00pm to 8:00pm on Tuesday, August 2nd 2022”
ATTACHMENTS:
• Special Event Permit Application
1
Special Event Permit Application
I. Title and Brief Description of Event
______________________________________________________________________________
______________________________________________________________________________
II. Applicant Information
The applicant is responsible for answering all questions, including inquiries from media and
citizens.
Applicant:___________________________________ Title:_____________________________
Address:_______________________________________________________________________
Business/Organization:___________________________________________________________
Daytime Phone:____________ Mobile Phone:_____________ Emergency Phone:____________
III. Event Timetable
A. Requested day and date:___________________________________________________
B. Requested Hours of Operation, from __________a.m./p.m. to ____________a.m./p.m.
C. Set up beginning day and date____________________, time ______________a.m./p.m.
D. Dismantle by day and date_______________________, time ______________a.m./p.m.
E. Anticipated number of participants: ______________; and spectators: ______________
IV. Insurance
Attach to this application either an insurance policy or a certificate of insurance including the policy
number and showing liability amounts. The policy must state that any outside area to be used for
an event is covered. The policy must also show evidence that the requested event is not excluded
from insurance liability.
Lake Elmo National Night Out - Block Party Style Event for the city
Molly Brendmoen Resident
3631 Laverne Ave North Lake Elmo, MN 55042
National Night Out
651-338-3410 Same
August 2nd, 2022
4 8
August 2nd 2022 5
8August 2nd 2022
250 Total
2
V. Check All Items that Apply to your Event
Use of a Public Facility (note facility):________________________;
Event participant and/or spectator parking areas (describe): ____________________;
Entertainment or stage location (provide to-scale drawings);
Construction or erection of temporary structures (may need permit: check with planning
department);
Trash containers (indicate # and locations): __________________________________;
Portable toilet facilities (indicate # and locations): ____________________________;
First aid facilities (indicate who is providing):_________________________________;
Parade and/or parade floats (may need permit);
Fireworks and/or pyrotechnics site (may need permit, check with the fire department);
Cooking facilities, open flame, or vehicle fuels (may need permit, check with fire
department);
Electricity (indicate source and plan):___________________________________________;
Other (please describe):______________________________________________________
VI. Food, Beverages, and/or Entertainment
A. If your event includes music, live entertainment, sound amplification or any other noise
impact, please describe, including the intended hours of the music, sound or noise.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
B. Will alcoholic beverages be served? ____Yes ____No
C. Name of liquor establishment: _______________________________________________
D. For service of alcohol outside a licensed premise, include a diagram showing the defined
area of the alcohol concession service and attach a copy of your certificate of liquor
liability insurance covering the limits of the alcohol service area.
x Bathroom
x Street Parking
x Same as previousl years
x Locations already in place, same as previous years
TBD- Multiple businesses with tables and tents, possible bouncy house, food truck
x
3
E. If serving alcohol, describe how you will ensure that alcohol will be possessed and
consumed only by those persons 21 years or older. Describe all security measures in
place.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
F. Will food and/or non-alcoholic beverages be served? _____Yes _____ No
G. If yes, describe sanitation and food-handling procedures:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
H. If yes, you will need to have a Temporary Food License from Washington County. Attach
a copy of your Temporary Food License to this application.
I. If you intend to cook food in the event area, describe your area layout, including fuel or
electrical sources to be used:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
VII. Vendors or Concessionaires
List what vendors/concessionaires you will have at your event and list their Sales Tax
ID Number:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
VIII. Security and Safety Procedures
A. Describe your proposed procedures for security and crowd control:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
x
Food truck as we have had in previous years, possible food hand out vendors
TBD
Volunteers at each end of the event and volunteers walking around at the event
4
B. If the event is to occur at night, describe how you will light the event area in order to
increase the safety of participants and spectators coming to and leaving the event:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
IX. Clean-up
List persons responsible for clean-up duties:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
X. Mitigation of Impacts on Others
Describe how you intend to mitigate the impacts of the special event on businesses,
churches, neighbors, motorists, and others:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Note: Any condition which causes adverse impacts may be cause to revoke the Special Events Permit
Applicant Signature: __________________________ Date of Application:_______________
NA
Molly Brendmoen and any volunteers I can get
City of Lake Elmo Public Works to empty garbages as they have done previous years
NA
STAFF REPORT
DATE: March 15, 2022
CONSENT
TO: Honorable Mayor and City Council FROM: Jake Dickson, Assistant City Administrator
AGENDA ITEM: 2022 Labor Agreement with Local 49ers
BACKGROUND: The existing Labor Agreement with the Local 49ers expired on December 31, 2021. Staff and Local 49 entered into negotiations starting in Summer 2021. No tentative agreement was reached, so the City and Local 49 entered into mediation on February 11th. A tentative agreement was reached after one day of
mediation and the members of the labor union voted to accept the 2022 agreement on March 1.
ISSUE FOR DISCUSSION: Should Council approve the 2022 Labor Agreement with Local 49?
PROPOSAL DETAILS/ANALYSIS: The 2022 contract documents the parties’ agreements related to wages and other working conditions and lays out the process for addressing disputes.
The new contract remains consistent with the contract expired December 31, 2021 except for five alterations; This contract is effective for one year instead of two, contains an increase to the annual safety boot reimbursement to $225 from $220, increases wages by 3% for all classifications effective January 1, includes new language for employees called back to work during off-shift hours, and includes updated
language to the Memorandum of Understanding for Central Pension Fund contributions. The updated MOU language has been reviewed by counsel.
FISCAL IMPACT: The impact to the 2022 budget will be an additional $21,340 in wages, payroll taxes and PERA. The boot reimbursement increase will cost an additional $225 over the life of the agreement.
OPTIONS: 1)Approve the 2022 Labor Agreement between the City of Lake Elmo and the InternationalUnion of Operating Engineers Local 492) Amend and then Approve the 2022 Labor Agreement between the City of Lake Elmo and the
International Union of Operating Engineers Local 493)Do not approve the 2022 Labor Agreement and direct someone else to negotiate with theunion.
RECOMMENDATION: If removed from the consent agenda:
Motion to approve the 2022 Labor Agreement between the City of Lake Elmo and the International Union of Operating Engineers Local 49
ATTACHMENTS:
• 2022 Labor Agreement
• MOU Paid Parental Leave
• MOU Central Pension Fund
DATE: 3/15/2022
CONSENT
TO: Honorable Mayor and City Council
FROM: Jake Dickson, Assistant City Administrator
AGENDA ITEM: Cable Caster Agreement
BACKGROUND: In order to record and broadcast all public meetings, the City needs to contract with a number of cable casting staff to perform videographer duties. After advertisement and approval of one earlier agreement
with a Lake Elmo resident, staff received a second application to perform videographer duties. ISSUE BEFORE COUNCIL: Should the City Council approve a Videographer Contract with Dale Rogness? PROPOSAL DETAILS/ANALYSIS:
The attached videographer contract with Dale Rogness outlines the duties of the videographer and appropriate rates of pay, as well as standard language previously reviewed by counsel. FISCAL IMPACT: $55.00 per meeting with a possibility of a $25.00 bonus. Cable casting fees are included in the budget and reimbursed per our agreement with the Ramsey Washington Suburban Cable Commission
OPTIONS:
• Approve the Videographer agreement with Dale Rogness
• Approve the Videographer agreement with different terms
• Do not approve the Videographer agreement RECOMMENDATION:
If removed from the consent agenda: “Motion to Approve the Videographer Agreement with Dale Rogness.”
ATTACHMENTS:
• Videographer Agreement
AGREEMENT FOR
BETWEEN THE CITY OF LAKE ELMO
AND
DALE ROGNESS
THIS AGREEMENT, made and entered into this _____ of _____, 2022, by and
between the City of Lake Elmo, a Minnesota municipal corporation, herein
referred to as “CITY”, and Dale Rogness, herein referred to as
“VIDEOGRAPHER”, together herein referred to as the “Parties”.
WHEREAS, the CITY has broadcast facilities and government access through the
Ramsey Washington Suburban Cable Commission; and
WHEREAS, the CITY desires to contract with a videographer to record City
Council meetings held on the first and third Tuesday of the month, City Council
Workshops held on the second Tuesday of the month, Planning Commission
Meetings held on the second and fourth Monday of the month, Parks
Commission meetings held on the third Monday of the month, and Economic
Development Authority and Capital Improvement Committee meetings held as
needed; and
WHEREAS, the VIDEOGRAPHER will provide recording services for other
CITY meetings as a back-up videographer, as requested, and agreed upon by both
parties.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1.The CITY shall be responsible for providing and maintaining the broadcast
equipment and facility. The CITY shall be responsible for establishing
broadcast policies and procedures and meeting schedules. The CITY shall
provide the VIDEOGRAPHER with the next year’s meeting schedule each
December preceding the next year.
2.As needed, the CITY shall provide training for the VIDEOGRAPHER on
broadcast equipment. The CITY shall pay the VIDEOGRAPHER at a rate of
$55.00 for all training up to three hours.
3.For filming all CITY meetings, VIDEOGRAPHER shall be paid at a flat rate
of $55.00 per meeting. However, if a CITY meeting exceeds three hours,
VIDEOGRAPHER shall be paid an additional $25.00.
4.VIDEOGRAPHER shall arrive at City Hall, 3800 Laverne Avenue North, at
least 30 minutes before the start of each scheduled CITY meeting and turn
on the lighting in the Council Chambers and open the production booth.
Food and beverages are not allowed in the production booth. Upon
departing, VIDEOGRAPHER shall shut down equipment in the production
booth, turn off lights in the production booth, and secure the door to the
production booth.5.VIDEOGRAHER shall be professional, accommodating, courteous, and
timely at all times.6.VIDEOGRAPHER shall exercise due professional care to comply with
applicable federal, state, and local laws, rules, ordinances, and regulations in
performing the professional services under this Agreement.
7.VIDEOGRAPHER is expected to maintain the confidentiality of all closed
meetings. Any communication, including that on social media, about closed
meetings is not permitted. All closed meetings shall not be recorded,
broadcast or distributed, unless the CITY’s attorney directs the
VIDEOGRAPHER to broadcast or distribute the recordings. The
VIDEOGRAPHER hereby understands and acknowledges that all videos
completed by this Agreement are governed by the Minnesota Government
Data Practices Act, Minnesota Statues, Chapter 13 (“the MGDPA”).
Retention, distribution, or destruction of any video shall occur only with
written approval of the CITY’s Data Practice Compliance Officer.
VIDEOGRAPHER agrees to promptly respond to inquiries from the CITY
concerning data requests.8.The CITY shall notify the VIDEOGRAPHER, via email, at least five
business days in advance for any special broadcast coverage requirements or
changes in the meeting schedule. The VIDEOGRAPHER shall notify the
CITY at 651-747-3900 or via email at least five business days in advance in
event that VIDEOGRAPHER is not available to film a meeting.
9.It is the intent of the Parties to this Agreement that it shall become effective
upon the date written above and terminate on December 31, 2024. The terms
of this Agreement may be renegotiated annually between the CITY and
VIDEOGRAPHER but shall only be amended by the prior written approval
of both Parties.10. This agreement may be terminated by either party at any time by providing
30 days’ written notice as described below.11. VIDEOGRAPHER shall indemnify, defend, and hold harmless the City and
its officials, employees, contractors, and agents from any loss, claim,
liability, and expense (including reasonable attorneys’ fees and expenses of
litigation) arising from, or based in the whole, or in any part, on any
negligent act or omission by VIDEOGRAPHER in the performance of the
services pursuant to this Agreement.
12. All services provided pursuant to this Agreement shall be provided by
VIDEOGRAPHER as an independent contractor and not as an employee of
the CITY for any purpose. Any and all actions which arise as a consequence
of any act or omission on the part of VIDEOGRAPHER shall not be the
obligation or responsibility of the CITY. VIDEOGRAPHER shall not be
entitled to any of the rights, privileges, or benefits of the City’s employees,
except as otherwise stated herein.
13. Any notice required by this Agreement shall be either hand delivered or sent
by certified mail.
14. Neither party shall assign this Agreement without the prior written consent
of the other party.
15. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect in any respect the validity of the remainder of this
Agreement.
16. If any portion of this Agreement is held invalid by a court of competent
jurisdiction, such decision shall not affect the validity of any remaining
portion of the Agreement.
17. This Agreement shall be governed by and construed in accordance with the
laws of the State of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of
Minnesota. All Parties to this Agreement waive any objection to the
jurisdiction of these courts, whether based on convenience or otherwise.
18. This Agreement shall constitute the entire agreement between the CITY and
VIDEOGRAPHER and supersedes any other written or oral agreements
between the CITY and the VIDEOGRAPHER and supersedes any other
written or oral agreements between the CITY and the VIDEOGRAPHER.
This Agreement can only be modified in writing signed by the CITY and
VIDEOGRAPHER.
STAFF REPORT
DATE: 3/15/2022 CONSENT
TO: Mayor and City Council
FROM: Molly Just, Planning Director
ITEM: Wildflower at Lake Elmo 4th Addition Request for Extension of Time to Record Final Plat BACKGROUND: On October 5, 2021, the City Council approved a final plat for Wildflower at Lake Elmo 4th Addition. Pursuant to Lake Elmo City Code, the final plat will become void if not recorded within 180 days. ISSUE BEFORE THE CITY COUNCIL:
City Council is asked to consider a request for additional time for the developer to record the final plat. TIME EXTENSION REQUEST – REVIEW AND ANALYSIS: City Code Requirements
Section 103.00.100.b.7 of the City Code contains the requirements for approving additional time for recording a final plat.
7. Recording final plat. If the final plat is approved by the council, the subdivider shall record it with the
county recorder within 180 days after the approval. If not filed within 180 days, approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the council. The subdivider shall, immediately upon recording, furnish the administrator with two paper prints
and one reproducible film positive of the plat showing evidence of the recording. No building permits shall be issued for construction of any structure on any lot in the plat until the city has received evidence of the plat being recorded by the county.
The developer has submitted a request asking for a time extension to record the final plat for Wildflower at Lake Elmo 4th Addition.
Request Details
The developer’s request indicates that they are working to meet the conditions of approval for recording the final plat and, in doing so, identified that an additional easement vacation (conservation easement) is necessary before the plat may be recorded. Vacating an easement to which the City is a party requires a public hearing and City Council action.
Staff supports the request for a time extension to record the final plat. This time extension does not change the City’s final plat approval.
RECOMMENDATION:
Staff recommends that the City Council approve the requested time extension to record the final plat for Wildflower at Lake Elmo 4th Addition. Approval grants the developer until July 1, 2022 to record the plat.
“Move to approve the requested time extension to July 1, 2022 to record the final plat for Wildflower at Lake Elmo 4th Addition.”
DATE: March 15, 2022
PUBLIC HEARING
AGENDA ITEM: Public Improvement Hearing: Resolution Ordering the Improvement for the
Parkview-Cardinal Neighborhood Street and Utility Improvements
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Sam Magureanu, Finance Director Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: The City Council is respectfully requested to open the Public Improvement Hearing for the Parkview-Cardinal Neighborhood Street and Utility Improvements; and following the Hearing, consider adopting a Resolution Ordering the Improvements (4/5th vote required). BACKGROUND: The Parkview-Cardinal Neighborhood Street and Utility Improvements includes the extension of public watermain from Inwood Avenue (CSAH 13) into and throughout the Parkview Estates,
Cardinal Ridge and Cardinal View subdivisions, and along 15th Street North to provide clean drinking water to 62 properties. Watermain will be installed through directional drilling to minimize impacts to the streets and boulevards. Individual water service stubs will be installed to the edge of right-of-way at each
of the 62 properties. Following the watermain installation, street and drainage improvements will be completed along the public
streets located in the project area, including Ivory Avenue, Ivory Court, 16th Street, Ivy Avenue, 15th Street Court and 15th Street. The street improvements will include a full-depth reclamation of the existing bituminous pavement to a depth of 9-inches and a new bituminous surface will be paved over the recycled aggregate base. The street reclamation will be completed to restore each street to its approximate existing width to control costs and minimize impacts to the adjacent properties. D418 concrete curb and gutter will be installed to replace the existing bituminous curb along the urban section roadways. Concrete ribbon curb will be installed along the existing rural section streets within a residential neighborhood, including Ivory Avenue and Ivory Court. A 24-inch gravel shoulder will be restored along the existing rural section of 15th Street north (non-residential roadway). As part of the roadway improvements, it is proposed to remove the two existing center landscape islands at
the intersection of Ivory Avenue and 16th Street in the Parkview Estates neighborhood. The center medians create 13-foot-wide one-way split streets that fall short of current design standards. It is also proposed to replace the substandard hammerhead turnaround areas at the north end of Ivy Avenue and east end of 15th
Street with a small diameter cul-de-sac (30-foot radius). The proposed cul-de-sacs are contingent upon the city successfully obtaining the additional required easements.
Post construction “No Parking” designations will be implemented as part of the project due to the street widths not meeting current design standards. The post construction “No Parking” designations will be installed as follows:
• It is recommended to continue to allow parking along both sides of the 26-foot-wide streets.
• Parking restrictions will be posted along one side of the 24-foot-wide streets.
• Parking restrictions will be posted along both sides for the segments of Ivy Avenue that will be reconstructed to their existing 19-foot widths.
• Parking restrictions will be posted within each cul-de-sac. As part of the Grant Agreement with the MPCA, all households in the development, regardless of Health Based Values (HBVs), are eligible to connect to municipal water and all households that connect to city water must have the private wells properly sealed and abandoned as part of the project and within the timeframe of the grant agreement. To implement these State requirements for the project the city intends to levy assessments for the public watermain, and the street and storm sewer improvements in accordance with the city’s Special Assessment Policy and current practices. Each property that connects to city water must abandon all private wells, unless exempted by the MPCA, within one year after water service is made
available and following written notice from the city to connect. Once the private improvements are completed, the public watermain, and street and storm sewer improvement assessments levied for this project will be fully or partially reduced based on the grant amount applied by the state.
In order to assess all or a portion of the improvements, the city has prepared a feasibility report as required by the statutory process for public improvements that are specially assessed. The feasibility report has been
completed and provides the scope of recommended improvements; estimated project costs; identifies easement and right-of-way, permits and other requirements needed to implement the improvements; recommends whether the improvements should be best made as proposed or in connection with some other improvement; and advises that the improvements are necessary, cost effective, and feasible. The report also includes a preliminary assessment roll for each of the benefitting properties based upon the city’s Special Assessment Policy for Local Improvements. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429.011 to 429.111, a Public Improvement Hearing was noticed for March 15, 2022, to consider making the improvements necessary to extend municipal water into the Parkview Estates, Cardinal Ridge, and Cardinal View subdivisions, and along 15th Street North and to reconstruct the public streets along Ivory Avenue, Ivory Court, 16th Street, Ivy Avenue, 15th Street Court and 15th Street. The attached notice was published in the official newspaper and individual notifications were sent to each address that will be wholly or partially assessed for the improvements.
A feasibility report was adopted by the City Council on February 15, 2022 in order to ready these improvements for 2022 construction. The total estimated cost of the improvements is $5,329,000. This includes $2,265,000 for the public watermain improvements, $2,050,000 for the street and drainage
improvements, and $1,014,000 for the private water service connections/well sealing improvements. The proposed public watermain assessment is $36,600 for each of the 62 properties based on assessing 100% of the public watermain improvements on a per REC basis. The proposed street and storm sewer assessment
is $8,600 per REC unit for the 64 residential properties with 68 assessable units that gain direct access, or could gain direct access to the improved roadways. This unit assessment is based on assessing 30% of the street and storm sewer costs on a per unit basis for residential properties. There is one commercial use
property at 9075 15th Street (Gerten’s) that will be assessed 100% of the street and storm sewer costs based on the lineal front footage. Assessments for street and drainage improvements will be levied over a 15-year period. Assessments for new watermain improvements will be levied over a 20-year period. All assessments that are not waived and removed from the property will be charged an interest rate of 1% over the bond rate for the project.
In addition, the plans and specifications were approved by the city council and contractor bids will be received on March 16, 2022. Once received, bids may be held for up to 60 days. Staff will present Council with an award recommendation at the April 5 or April 19 council meeting. A project schedule for the
improvement is attached and outlines the implementation timeframe for construction in 2022.
FISCAL IMPACT: The total estimated project cost is $5,329,000. The improvements will be funded primarily through a grant from the MPCA under the 2018 3M Settlement Agreement, in the amount of $5,200,000, and in accordance with the terms of the MPCA-Lake Elmo Grant Agreement dated April 2,
2021. Special assessments will be levied, and general city funds will be considered to cover costs incurred
outside the grant agreement terms. The city will contract for the public watermain, and street and storm sewer improvements located within
the public right-of-way, make payment to the contractors and submit invoices for reimbursement through the MPCA Grant. The City intends to use fund reserves for the public improvements to pay the up-front project costs and to cover any city cost participation. Project invoices will be periodically submitted to the
MPCA for grant reimbursement in accordance with the terms of the grant agreement. The private water service connection and well sealing work will be contracted separately by each individual property owner. Eligible private property costs will be paid from the MPCA Grant on a reimbursement basis through the city. This reimbursement applies to the contractor costs to install the water service line from the right-of-way to the home connection, the cost to abandon the private well(s) on the property, and all permit fees including a $3,000 Water Availability Charge (WAC), a $1,000 Water Connection Charge, a $377 Meter Fee, and a $60 Plumbing Permit Fee. If the property currently has a granular activated carbon (GAC) treatment system, the removal of the system from the home will also be reimbursed. RECOMMENDATION: Staff is recommending that the City Council adopt a Resolution Ordering the Improvements (4/5th vote required) for the Parkview-Cardinal Neighborhood Street and Utility
Improvements as outlined in the Feasibility Report approved on February 15, 2022. The recommended motion for this action is as follows:
“Move to adopt Resolution No. 2022-025 Ordering the Improvements (4/5th vote required) for the Parkview-Cardinal Neighborhood Street and Utility Improvements as outlined in the Feasibility Report
approved on February 15, 2022.”
ATTACHMENTS: 1. Resolution Ordering the Improvements for the Parkview-Cardinal Neighborhood Street and
Utility Improvements. 2. Notice of Hearing on Improvement. 3. Preliminary Assessment Roll and Exhibits. 4. Location Map. 5. Proposed Improvement Exhibits. 6. Project Schedule.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-025 A RESOLUTION ORDERING THE IMPROVEMENT FOR THE PARKVIEW-CARDINAL NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to City Council resolution adopted on February 15, 2022, the Council
ordered a hearing on improvement for the Parkview-Cardinal Neighborhood Street and Utility Improvements; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 15th day of March 2022, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS the feasibility report prepared by FOCUS Engineering, Inc., and dated February 2022 states that the project is necessary, cost-effective, and feasible. NOW, THEREFORE, BE IT RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated February 2022.
2. Such improvement is hereby ordered as proposed in the council resolution adopted this 15th day of March, 2022.
3. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax-exempt bonds. 4. The City Engineer is hereby designated as the engineer for making this improvement. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF MARCH, 2022. CITY OF LAKE ELMO
By: __________________________ Charles Cadenhead
(Seal) Mayor ATTEST:
________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO
NOTICE OF HEARING ON IMPROVEMENT
PARKVIEW-CARDINAL NEIGHBORHOOD
STREET AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing on Tuesday, March 15, 2022, at or approximately after 7:00 PM to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to
429.111: The extension of municipal water into the Parkview Estates, Cardinal Ridge, Cardinal View and 15th Street North neighborhood area to replace individual private wells and to provide clean drinking water to 62 properties adjacent to the new watermain, including a
water service stub to the public right-of-way. Following the watermain installation, street and drainage improvements will be completed along the following public streets:
Ivory Avenue North.
Ivory Court North.
16th Street North.
Ivy Avenue North.
15th Street Court North.
15th Street North, from Inwood Avenue to the east cul-de-sac.
The area proposed to be assessed for the watermain improvements include 62 properties
located along the proposed watermain alignment that will be receiving access to connect to city water; and the area proposed to be assessed for the street and storm sewer improvements include each of the 65 properties that gain, or could gain direct driveway access from the above referenced streets to be improved as part of this project.
The estimated total cost for the project is $5,329,000; consisting of $2,265,000 for the public watermain improvements, $2,050,000 for the street and drainage improvements, and $1,014,000 for the private water service connections/well sealing improvements. A reasonable estimate of the impact of the assessment will be available at the hearing. Such
persons as desiring to be heard with reference to the proposed improvements will be
heard at this meeting.
DATED: February 15, 2022
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
(Published in the Stillwater Gazette on February 18, 2022 and February 25, 2022)
CITY OF LAKE ELMO, MN.FEBRUARY 2022PARKVIEW‐CARDINAL NEIGHBORHOODSTREET AND UTILITY IMPROVEMENTSPRELIMINARY ASSESSMENT ROLLPAGE 1 of 2NO. NAMEPIDTOTAL ASSESSMENTSTREET & DRAINAGE ASSESSMENTWATERMAIN ASSESSMENT1 VANG PETE S 1873 IVORY AVE N 1873 IVORY AVE N LAKE ELMO MN 55042 2802921120023 $45,200 $8,600 $36,6002 GRIFFIN PETER & CHRISTINE 1849 IVORY AVE N 1849 IVORY AVE N LAKE ELMOMN 55042 2802921120022 $45,200 $8,600 $36,6003 KLOSNER MARK S & BARBARA F 1827 IVORY AVE N 1827 IVORY AVE N LAKE ELMO MN 55042 2802921120021 $45,200 $8,600 $36,6004 WILLIAMS JAMES M & SUSAN T 1805 IVORY AVE N 1805 IVORY AVE N LAKE ELMO MN 55042 2802921120020 $45,200 $8,600 $36,6005 HANGGE JOSEPH P & MICHELE L 1779 IVORY AVE N 1779 IVORY AVE N LAKE ELMO MN 55042 2802921120019 $45,200 $8,600 $36,6006 NELSON DAVID F & LESLIE R 1757 IVORY AVE N 1757 IVORY AVE N LAKE ELMOMN 55042 2802921120018 $45,200 $8,600 $36,6007 DRESSEL DAVE & JESSICA 1743 IVORY AVE N 1743 IVORY AVE N LAKE ELMO MN 55042 2802921120017 $45,200 $8,600 $36,6008 FISH JODI F 1727 IVORY AVE N 1727 IVORY AVE N LAKE ELMO MN 55042 2802921120016 $45,200 $8,600 $36,6009 AXBERG GARY T & JEANETTE L 1709 IVORY AVE N 1709 IVORY AVE N LAKE ELMO MN 55042 2802921120015 $45,200 $8,600 $36,60010 BARTOSH PETER T & SANDRA K 1697 IVORY AVE N 1697 IVORY AVE N LAKE ELMO MN 55042 2802921120014 $45,200 $8,600 $36,60011 YOCUM TIMOTHY C & SHANNON C S 1694 IVORY AVE N 1694 IVORY AVE N LAKE ELMO MN 55042 2802921120009 $45,200 $8,600 $36,60012 BEARTH GREGORY A & MELISSA A 1681 IVORY AVE N 1681 IVORY AVE N LAKE ELMO MN 55042 2802921120013 $45,200 $8,600 $36,60013 DEEB TIFFNI L & DANIEL L 1680 IVORY AVE N 1680 IVORY AVE N LAKE ELMOMN 55042 2802921120008 $45,200 $8,600 $36,60014 WORTMAN STEPHEN D & CHERYL L 1668 IVORY AVE N 1664 IVORY AVE N LAKE ELMO MN 55042 2802921120007 $45,200 $8,600 $36,60015 IVERSON JEFFREY S & JULI A 1663 IVORY AVE N 1663 IVORY AVE N LAKE ELMO MN 55042 2802921120012 $45,200 $8,600 $36,60016 BATTAH ABDALLA M‐A 1654 IVORY AVE N 1654 IVORY AVE N LAKE ELMO MN 55042 2802921120006 $45,200 $8,600 $36,60017 ANDERSON DAVID M & MARIA V 1645 IVORY AVE N 1645 IVORY AVE N LAKE ELMO MN 55042 2802921120011 $45,200 $8,600 $36,60018 SNIDER BERT W & TERRI L 1636 IVORY AVE N 1636 IVORY AVE N LAKE ELMO MN 55042 2802921120005 $45,200 $8,600 $36,60019 ANDERSON JAMES L & KARIN L 1627 IVORY AVE N 1627 IVORY AVE N LAKE ELMO MN 55042 2802921120010 $45,200 $8,600 $36,60020 HAUGE ROBERT JR & LAIS MONICA 1615 IVORY AVE N 1615 IVORY AVE N LAKE ELMO MN 55042 2802921130018 $45,200 $8,600 $36,60021 VANG CHRISTOPHER C & MINA M 9155 16TH ST N 9155 16TH ST N LAKE ELMO MN 55042 2802921130012 $45,200 $8,600 $36,60022 HICKEY TERRANCE S & LYNDA L9125 16TH ST N 9125 16TH ST N LAKE ELMO MN 55042 2802921130013 $45,200 $8,600 $36,60023 JACOBS PHILLIP 1584 IVORY AVE N 1584 IVORY AVE N LAKE ELMO MN 55042 2802921130017 $45,200 $8,600 $36,60024 ROLANDO RICHARD J & JEAN M 1583 IVORY AVE N 1583 IVORY AVE N LAKE ELMO MN 55042 2802921130014 $45,200 $8,600 $36,60025 HENEHAN THOMAS A & MARY L 1570 IVORY AVE N 1570 IVORY AVE N LAKE ELMO MN 55042 2802921130016 $45,200 $8,600 $36,60026 LECUYER BRENDA & ALLEN 1567 IVORY AVE N 1567 IVORY AVE N LAKE ELMO MN55042 2802921130015 $45,200 $8,600 $36,60027 KUMP SUZANNE & JOHN 1539 IVORY CT N 1539 IVORY CT N LAKE ELMO MN 550422802921130008 $45,200 $8,600 $36,60028 ADAMSKY STEVEN J & HOLLIE 1535 IVORY CT N 1535 IVORY CT N LAKE ELMO MN 55042 2802921130009 $45,200 $8,600 $36,60029 LARSON KEITH & DANA 1529 IVORY CT N 1529 IVORY CT N LAKE ELMO MN 550422802921130010 $45,200 $8,600 $36,60030 HYBBEN RICHARD & SAMANTHA 1525 IVORY CT N 1525 IVORY CT N LAKE ELMO MN 55042 2802921130011 $45,200 $8,600 $36,60031 SAUNDERS SHARON M & DAVID S 1517 IVORY CT N 1517 IVORY CT N LAKE ELMO MN 55042 2802921130007 $45,200 $8,600 $36,60032 FUNFSINN DOUG & ERICKA 1513 IVORY CT N 1513 IVORY CT N LAKE ELMO MN 55042 2802921130006 $45,200 $8,600 $36,60033 ZEHRER JACINTA 1696 IVY AVE N 1696 IVY AVE N LAKE ELMO MN 55042 2802921110007 $45,200 $8,600 $36,60034 SEVIGNY WILLIAM D & MARIE L 1684 IVY AVE N 1684 IVY AVE N LAKE ELMO MN 55042 2802921110008 $45,200 $8,600 $36,60035 ANDERSON TIMOTHY L & JULIE A 1683 IVY AVE N 1683 IVY AVE N LAKE ELMOMN 55042 2802921110005 $45,200 $8,600 $36,60036 LACKNER THOMAS & LAURA 1668 IVY AVE N 1668 IVY AVE N LAKE ELMO MN 55042 2802921110009 $45,200 $8,600 $36,60037 KOSTOHRYZ RICHARD J & KATHLEEN 1665 IVY AVE N 1665 IVY AVE N LAKE ELMO MN 55042 2802921110006 $45,200 $8,600 $36,60038 O'NEILL THOMAS O & AMY J 1650 IVY AVE N 1650 IVY AVE N LAKE ELMO MN 55042 2802921110010 $45,200 $8,600 $36,60039 DANIELSON GRANT & ERIKA 1643 IVY AVE N 1643 IVY AVE N LAKE ELMO MN 55042 2802921110004 $45,200 $8,600 $36,60040 NIGHTINGALE TROY J & DONNA K 1634 IVY AVE N 1634 IVY AVE N LAKE ELMOMN 55042 2802921140009 $45,200 $8,600 $36,60041 CONNERS BRIAN M & CHRISTIANNE 1625 IVY AVE N 1625 IVY AVE N LAKE ELMO MN 55042 2802921140008 $45,200 $8,600 $36,60042 ALFRED DAVID W 1620 IVY AVE N 1620 IVY AVE N LAKE ELMO MN 55042 2802921140010 $45,200 $8,600 $36,60043 BIGWOOD GREGORY R & BOBBIE J 1594 IVY AVE N 1594 IVY AVE N LAKE ELMOMN 55042 2802921140011 $45,200 $8,600 $36,60044 UNKLESBAY JESSE M & EMILY J 1589 IVY AVE N 1589 IVY AVE N LAKE ELMO MN 55042 2802921140007 $45,200 $8,600 $36,60045 CONNOLLY BARRETT L & JILL C 1578 IVY AVE N 1578 IVY AVE N LAKE ELMO MN 55042 2802921140012 $45,200 $8,600 $36,60046 PANAGIOTOPOULOS PAUL G 1571 IVY AVE N 1571 IVY AVE N LAKE ELMO MN 55042 2802921140006 $45,200 $8,600 $36,60047 WILLIAM E SHOOK SURVIVORS TRS 1550 IVY AVE N 11001 WINE PALM RD FORT MYERS FL 33966 2802921140013 $45,200 $8,600 $36,60048 MROZINSKI JEFFERY J & KATHLEEN M 1545 IVY AVE N 1545 IVY AVE N LAKE ELMO MN 55042 2802921140005 $45,200 $8,600 $36,60049 AHN DAVID C & BARBARA L 1525 IVY AVE N 1525 IVY AVE N LAKE ELMO MN 55042 2802921140004 $45,200 $8,600 $36,60050 WHITE ROBERT J & BETH A 1543 15TH ST CT N 1543 15TH ST CT N LAKE ELMO MN 55042 2702921230009 $45,200 $8,600 $36,60051 MOODY TERRY B & KAREN A 1535 15TH ST CT N 1535 15TH ST CT N LAKE ELMO MN 55042 2702921230010 $45,200 $8,600 $36,600ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.FEBRUARY 2022PARKVIEW‐CARDINAL NEIGHBORHOODSTREET AND UTILITY IMPROVEMENTSPRELIMINARY ASSESSMENT ROLLPAGE 2 of 2NO. NAMEPIDTOTAL ASSESSMENTSTREET & DRAINAGE ASSESSMENTWATERMAIN ASSESSMENTADDRESS MAILING ADDRESS52 MENCKE PAUL B & KATHLYN N 1532 15TH ST CT N 1532 15TH ST CT N LAKE ELMO MN 55042 2702921230002 $45,200 $8,600 $36,60053 MOYNAGH MICHAEL J & MARGARET E 1521 15TH ST CT N 1521 15TH ST CT N LAKE ELMO MN 55042 2702921230005 $45,200 $8,600 $36,60054 WESSEL SHERI M & TERRY M BAUER 1509 15TH ST CT N 1509 15TH ST CT N LAKE ELMO MN 55042 2702921230006 $45,200 $8,600 $36,60055 SAHR BARBARA A & BRADLEY R 917015TH ST N 9170 15TH ST N LAKE ELMO MN55042 2702921230007 $45,200 $8,600 $36,60056 TROUPE DOUGLAS R 9250 15TH ST N 9250 15TH ST N LAKE ELMO MN 55042 2702921240002 $45,200 $8,600 $36,60057 VORAN711 LAND HOLDINGS LLC 3435 LABORE RD #150VADNAIS HEIGHTSMN 55110 2802921420005 $34,400 $34,40058 VORAN711 LAND HOLDINGS LLC 3435 LABORE RD #150VADNAIS HEIGHTSMN 55110 2802921410002 $17,200 $17,20059 GEFFRE DENNIS E JR & LEE A 874215TH ST N 8742 15TH ST N LAKE ELMO MN55042 2802921130001 $45,200 $8,600 $36,60060 SIVERSON NEIL W & SUSAN A OTTO‐SIVERSON 8940 15TH ST N 8940 15TH ST N LAKE ELMO MN 55042 2802921110002 $8,600 $8,60061 STEVEN J DAHLY TRS & DEBORAH A DAHLY TRS 8955 15TH ST N 8955 15TH ST N LAKE ELMO MN 55042 2802921410001 $45,200 $8,600 $36,60062 RICHARDS HARRISON A & KATE MCCOY 8975 15TH ST N 8975 15TH ST N LAKE ELMO MN 55042 2802921410003 $45,200 $8,600 $36,60063 JESKE DON F & CORRYL E 8996 15TH ST N 8996 15TH ST N LAKE ELMO MN 55042 2802921140001 $45,200 $8,600 $36,60064 GLG PROPERTIES 9075 15TH ST N 5500 BLAINE AVENVER GROVE HEIGHTMN 55076 2702921320001 $143,925 $107,325 $36,60065 LINDER LILLIAN & HENDERSON R T 9255 15TH ST N 9255 15TH ST N LAKE ELMO MN 55042 2702921310001 $45,200 $8,600 $36,600TOTALS $2,961,325 $692,125 $2,269,200
Feet0200400PARKVIEW-CARDINAL NEIGHBORHOODSTREET AND UTILITY IMPROVEMENTSPROJECT NO. 2020.121FEBRUARY, 2022FIGURE NO. 8LEGENDASSESSABLE PROPERTY - STREET AND UTILITY IMPROVEMENTS187318491827180517791757174317271709169716811663164516271615169416801668165416369155912515831567158415701539153515291525151715138742ASSESSABLE PROPERTIESPARKVIEW ESTATES
Feet0200400PARKVIEW-CARDINAL NEIGHBORHOODSTREET AND UTILITY IMPROVEMENTSPROJECT NO. 2020.121ASSESSABLE PROPERTIESCARDINAL RIDGEFEBRUARY, 2022FIGURE NO. 9LEGENDASSESSABLE PROPERTY - STREET AND UTILITY IMPROVEMENTS16961684168316651643162515451668157115891650163416201594157815501525894089961ASSESSABLE PROPERTY - STREET IMPROVEMENTS ONLY#NUMBER OF STREET ASSESSMENTS (UNITS)
Feet0200400PARKVIEW-CARDINAL NEIGHBORHOODSTREET AND UTILITY IMPROVEMENTSPROJECT NO. 2020.121FEBRUARY, 2022FIGURE NO. 10LEGENDASSESSABLE PROPERTY - STREET AND UTILITY IMPROVEMENTS1532154315351521150991709250ASSESSABLE PROPERTIESCARDINAL VIEW
Feet0400800PARKVIEW-CARDINAL NEIGHBORHOODSTREET AND UTILITY IMPROVEMENTSPROJECT NO. 2020.121FEBRUARY, 2022FIGURE NO. 11LEGENDASSESSABLE PROPERTY - STREET AND UTILITY IMPROVEMENTS2802921420005ASSESSABLE PROPERTIES15TH STREET NORTHASSESSABLE PROPERTY - STREET IMPROVEMENTS ONLYASSESSED AS COMMERCIAL PROPERTY4#NUMBER OF STREET ASSESSMENTS (UNITS)280292141000228955897590759255
LOCATION MAP
FIGURE NO. 1
CITY OFLAKE ELMO
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FEBRUARY, 2022
STREET AND UTILITYIMPROVEMENTS
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Parkview - Cardinal Neighborhood Street and Utility Improvements
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Figure 2
February 2022
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Parkview - Cardinal Neighborhood Street and Utility Improvements
City of Lake Elmo
Figure 3
February 2022
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PARKVIEW-CARDINAL NEIGHBORHOODSTREET AND UTILITY IMPROVEMENTSPROJECT NO. 2020.121FEBRUARY, 2022FIGURE NO. 6POST CONSTRUCTION NO PARKING DESIGNATIONPARKVIEW ESTATES / CARDINAL RIDGELEGENDNO PARKING22'19'19'26'26'22'26'22'26'22'
PARKVIEW-CARDINAL NEIGHBORHOODSTREET AND UTILITY IMPROVEMENTSPROJECT NO. 2020.121FEBRUARY, 2022FIGURE NO. 7POST CONSTRUCTION NO PARKING DESIGNATIONCARDINAL VIEWLEGENDNO PARKING22'22'
PROJECT SCHEDULE
CITY OF LAKE ELMO
PARKVIEW‐CARDINAL NEIGHBORHOOD
STREET AND UTILITY IMPROVEMENTS
PROJECT NO. 2020.121
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
APRIL 6, 2021 Council Approves MPCA Grant Agreement.
JULY 20, 2021 Council orders preparation of Feasibility Report and Design Phase Services.
FEBRUARY 15, 2022 Presentation of Feasibility Report. Council accepts Report and calls for
Improvement Hearing. Council approves Plans and Specifications and orders
Advertisement for Bids.
MARCH 15, 2022 Public Improvement Hearing. Council Orders the Improvement (4/5th Vote).
MARCH 16, 2022 Project Bid Date: Receive contractor bids.
APRIL 5, 2022 Council accepts Bids and awards Contract.
APRIL/MAY, 2022 Conduct Pre‐Construction Meeting and issue Notice to Proceed.
OCTOBER 14, 2022 Substantial Completion.
NOVEMBER 25, 2022 Final Completion.
*Final Assessment Hearing Schedule TBD (2023)
STAFF REPORT
DATE: 3/15/22
TO: City Council FROM: Corrin Bemis, Planning Consultant
Jane Kansier, AICP, Planning Consultant ITEM: CEF Lake Elmo Community Solar Garden – Conditional Use Permit REVIEWED BY: Molly Just, Planning Director BACKGROUND
CEF Lake Elmo Community Solar has applied for a Conditional Use Permit for the construction and operation of a solar farm on the property located at 10755 50th Street N (PID#1102921110003). The proposed solar photovoltaic (“PV”) project has a maximum size of 1,000 kilowatts (“KW”) alternating current (“AC”). The Applicant has a Solar Energy Option Agreement to lease up to 10 acres with the Manzara family to enable construction and operations of the project.
On November 22, 2021, the Planning Commission held a public hearing on this request. The Planning Commission received the City Staff report, asked questions of City staff and the applicant’s representative and made a recommendation of approval with conditions to the City Council for the requested PUD. The Planning Commission requested that the applicant work to address some of the
staff and neighbor concerns about setbacks, landscaping, buffering, and screening prior to City Council action on the application. The applicant has worked diligently to do so. Staff is confident that the site plan and landscape plan are in good shape for City Council action on this, the City’s first solar farm.
PROPOSAL DETAILS/ANALYSIS
Applicant: CEF Lake Elmo Community Solar, LLC
Property Owners: Anthony P. Manzara Rev Trust
Location: 10755 50th Street N
Request: Application for a Conditional Use Permit (CUP) to allow a solar farm
Site Area: 10.9 acres
Existing Land Use: Single family residential and agricultural
Existing Zoning: Rural Residential
Surrounding: North – 50th Street N and single family homes zoned RR
West – single family home zoned RR South – single family home zoned RR East – Lake Elmo Avenue and agricultural land zoned RR
Comprehensive Plan: Rural Area Development (RAD)
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History: The existing single family home on this site was built in 1986. To the best
of our knowledge, no other development applications have been filed for
this property in the past. Deadline for Action: Application Complete – 10/22/2021 60 Day Deadline – 12/21/2021
Extension Letter Mailed – 11/30/2022 120 Day Deadline – 2/19/2022 Extended Deadline (applicant signed waiver) – 3/31/2022
Regulations: 105.12.110 – Zoning Use Types and Classifications
Article XI – Rural Districts 105.12.480 – Landscaping Requirements 105.12.560 – Standards for Alternative Energy 105.04.220 – Solar Energy Systems
105.12.1470 – Solar Farms
ISSUE BEFORE THE CITY COUNCIL
The City Council is being asked to review and consider the CUP request of the CEF Lake Elmo
Community Solar Garden for the construction and operation of a solar farm on the property
located at 10755 50th Street N.
PROJECT ANALYSIS
A solar farm is defined as a “commercial facility that converts sunlight into electricity, whether
by photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion
technology, for the principal purpose of sales of generated electricity to off-site customers.” Solar farms are a conditional use in the RR district and thus require approval of a conditional use permit.
The proposed solar farm is a 1-megawatt photovoltaic (PV) facility which will utilize
approximately 7 acres of the 10.9 acre site. The applicant proposes to install approximately 2,250 PV modules arranged in north-south rows spaced approximately 15 feet apart. The PV modules are glass with anti-reflective coating (not mirror design) and are 9 feet in height, as shown on the attached plans. The proposed facility includes inverters and switch gear located on the north side
of the site on 7’ by 12’ concrete pads, and up to 3 new utility poles. The site will be secured by a
9’ galvanized wire mesh fence. The facility has an expected life of 25-30 years. Access to this site is via a 16’ wide gravel drive off of 50th Street North. There is no permanent off-site parking located on the site.
During construction, there will be approximately 10-15 employees on site from 7:00 am to 7:00 pm. Construction is expected to take 4-6 months. Once the site is operational, the site will operate during daylight hours. It is expected one maintenance truck will visit the site 1-3 times per year.
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Setback and Impervious Surface Requirements. The following table outlines how the
proposed use and site plan adheres to the setback and impervious surface requirements of the RR
zoning district. The proposed site plan is meeting all the required zoning code standards.
Rural Residential Zoning Standards
Standard Required Proposed
Maximum Height 35 feet 9 feet
Maximum Impervious Coverage -- --
Front Yard Setback – Building 30 feet 50 feet
Interior Side Yard Setback –
Building
10 feet 50 feet
Interior Side Yard Setback –
Building
10 feet 50 feet
Rear Yard Setback - Building 40 feet 50 feet
Standards for Solar Farms. The following outlines how the proposed development adheres to Section 105.12.560 (a), the City’s standards for solar farms.
1. Conditional or Interim Use Permit. Solar farms in the RR district require a conditional use permit. The applicant has submitted a complete application for consideration.
2. Minimum Lot Size, Setbacks, and Screening Requirements. Solar farms are limited to
properties at least ten acres in size, must maintain a setback of at least 50 feet from adjacent properties and be screened and fenced as determined by the City from adjacent residential properties. The parcel on which the facility is located is 10.9 acres. The site plan shows the setbacks are at least 50’ from any property line. The site will also be fenced. A revised
landscape plan meeting the requirements for landscape screening has been submitted. A
condition of approval will require the landscaping be installed according to the approved plan.
3. Stormwater and NPDES. Solar farms are subject to the City’s and watershed district’s stormwater management and erosion and sediment control provisions and NPDES permit
requirements. The applicant will be required, as a condition of approval, to submit all
required stormwater and NPDES permits prior to approval of a building permit.
4. Foundations. A qualified engineer shall certify that the foundation and design of the solar panels, racking and support is within accepted professional standards, given local soil and climate conditions. The applicant is proposing this certification will be done within 60 days
of construction.
Standards for Solar Energy Systems. There are specific use standards for solar energy systems listed in Section 105.04.220 of the Zoning Code. They include:
1. Permits. A building permit shall be obtained before the installation of solar arrays or panels on any property. All solar energy systems shall be installed and components labeled in
accordance with the Minnesota State Electric Code Section 690. The applicant will be
required to obtain these permits prior to construction.
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2. Rooftop or Building Integrated Solar Energy Systems. This is not applicable to this
application.
3. Ground-Mount Solar Energy Systems.
a. Ground-mount energy systems must comply with all accessory setback, height and lot coverage restrictions unless otherwise stated herein or a variance is granted and shall not encroach on any City easement unless an easement encroachment agreement
approved by the Planning Director or his/her designee after review and approval from
the City Engineer or his/her designee has been executed. A certificate of zoning
compliance is required for all solar energy systems unless a conditional use permit is required as stated herein. The proposed site plan indicates the facility will meet all minimum setback requirements. The original site plan indicated 59’ of right-of-way
preservation along 50th Street N. A revised plan showing the required right-of-way
preservation of 60 feet from the centerline has been submitted. All setbacks must be measured from the line of preservation.
b. The collector surface of a ground-mount system and any foundation, compacted soil, or other component of the solar installation that rests on the ground is considered
impervious surface. Vegetated ground under the collector surface can be used to mitigate
stormwater runoff. There is no maximum impervious surface requirement in the RR district.
4. Interconnection Agreement. Solar energy systems connected directly to the distribution or transmission system must obtain an interconnection agreement with the interconnecting
electric utility. The applicant’s narrative notes the applicant has submitted an interconnection
application to Xcel Energy and is working through that process. The final agreement will be submitted prior to a building permit.
5. Glare. Glare produced from any solar energy system shall be minimized from affecting adjacent or nearby properties. The applicant is proposing to use panels with a non-reflective
coating. In addition, landscape screening will be required along the perimeter of the site.
6. Decommissioning. A decommissioning plan shall be required to ensure that facilities are
properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan
ensuring financial resources will be available to fully decommission the site. The applicant
has submitted a decommissioning plan. As a condition of approval, the City will require the owner to remove all modules and equipment within 90 days after the site has been decommissioned. The City will also require a letter of credit equal to 110% of the cost of decommissioning. The potential salvage value shall not be subtracted from the cost of
decommissioning. In this case, the applicant has estimated the cost of decommissioning at
$96,521. This will require an LOC in the amount of $106,200.
Landscaping Requirements: Sections 105.12.480 (c) and (f) of the Zoning Code list specific landscaping requirements for this site.
• Landscaping of Setback Areas. A minimum of one tree for every 50’ of street frontage is
required. In addition, 5 trees per every acre of disturbed land are required. This requires a
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minimum of 50 trees be planted on the site. In the updated landscaping plans submitted on
March 8th (Attachment 4), the applicant proposes planting 39 trees on the site and
preserving 11 existing trees. A 1:1 ratio was used to count 11 existing/significant trees towards the landscape requirements. No Ash trees were counted in this calculation. In their letter dated March 2, 2022, the city’s landscape architect states that more information on tree type and condition would be needed before the city can determine whether the 11
existing trees may be counted towards the landscaping requirement. Although the
Landscape Architect has not reviewed them, the most recent plans, submitted on March 8th, address all comments from the March 2nd memo. As a condition of approval, City Staff recommends that the City’s Landscape Architect shall review and respond to the updated landscaping plans dated March 8, 2022 prior to issuance of the City permits.
• Screening. Screening is used to provide visual and noise separation of intensive uses from less intensive uses and shall consist of either a masonry wall or fence in combination with landscape material that forms a screen at least six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. The revised landscaping plan includes 2,612
linear feet of trees and shrubs. Screening is focused in areas and along property lines directly
adjacent to residential uses.
REVIEW COMMENTS
Engineering Review. The City Engineer reviewed this request and prepared a review
memorandum for the Commission and City Council’s review, dated November 13, 2021. On
January 18, 2022, the Applicant provided responses to the key issues outlined in the review:
• Right-of-way preservation: The minimum right-of-way preservation along 50th Street N is 60’ from the centerline. All setbacks must be measured from the right-of-way preservation line.
o “A site plan and certified ALTA/NSPS Land Title Survey is provided as Appendix A.
The survey shows the right-of-way preservations along 50th St N and Lake Elmo Avenue, as deeded. All proposed improvements meet the required 60-foot right-of-way preservations.”
• Site access: The site access on 50th Street N must be relocated as far west as possible to minimize future conflicts with the construction of future turn lanes. The recommended minimum distance is 350’ from the intersection with Lake Elmo Avenue.
o “As discussed via email with Planning Director Molly Just on January 22, 2021, the Applicant requests a minor reduction in the minimum 350-foot distance from the site
access to the intersection with Lake Elmo Ave. Based on the City Engineer’s
comments, we understand this measurement to be from “the west paved shoulder”. From this point, mandating a minimum distance of 350 feet would require the access drive be built within the wetland buffer. Our conversations with Valley Branch Watershed District (VBWD) to date, indicate such impacts would not be approved,
providing the Project with no viable access point. Per these review comments, we
have redesigned our access point to provide approximately 313 feet from the west paved shoulder of Lake Elmo Ave N to the centerline of our proposed access. We
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strongly feel this is the maximum distance we can provide in order to have a viable
access point. This proposal for revised access point is shown on the revised Site Plan
provided as Appendix B (as well as on the certified ALTA/NSPS Land Title Survey
provided as Appendix A). The proposed grading for the revised access driveway design is provide as Appendix C.”
• Driveway: Any portion of the proposed driveway located within the right-of-way must be
paved.
o “All portions of the prosed access drive located within the public right of- way shall be paved. This change has been reflected in Appendix B.”
• Site Plan Approval: Prior to the start of any construction, Civil Site Construction Plans must
be prepared and submitted for City review and approval. The site plan must submit all of the required detail, including a wetland delineation and the wetland buffers. The site plan must also show the proposed power poles located at least 55’ from the centerline of 50th Street N.
o “Acknowledged. Civil Site Construction Plans meeting the requirements of this review comment will be submitted by the Applicant prior to the start of any
construction and/or prior to the issuance of City Permits for the project.”
• Stormwater Management: A stormwater management plan meeting all State, Watershed District and City rules is required and a permit must be obtained from the Valley Branch Watershed District.
o “Acknowledged. A Stormwater Management Plan meeting the City and VBWD rules, prepared and signed by a registered professional engineer in the State of Minnesota will be provided prior to issuance of City permits for the project as discussed with Planning Director Molly Just on January 22, 2021 via email.”
On February 28, 2022, the City Engineer reviewed the updated plans dated February 22, 2022
and provided the following comments: “The existing conditions information appears to be
completed. No further engineering review can proceed until engineered documents and a stormwater management plan meeting VBWD requirements is submitted for review.” Fire Department Review. The Fire Department reviewed this request and provided the attached
comments. Some key issues outlined in the review include:
• A clear, brush-free area of 10 feet (3048 mm) shall be required for ground-mounted photovoltaic arrays.
• The installation and use of gates shall be in compliance with the fire code. If a gate(s) is to be installed, provide more detailed information for review.
• A Fire Department lock box is required for emergency access to building at an approved location(s) and provide keys for emergency access into the property and any controls
necessary for emergency use or shut down.
• Site address numbers shall be plainly visible from the street fronting the property and shall contrasting color from the background.
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The applicant responded to these comments with an updated site plan on February 9, 2022. After
reviewing the update plan, the Fire Department provided the following comments:
“This site will not require a fire department lock box but we will require the gate to be in compliance with the fire department’s Emergency Vehicle Access policy attached, specifically:
Section 7 – Gates
a) “Gates” for the purposes of the policy includes chains, chain link, and swinging gates.
b) Gates. As set forth in Policy 2.02 “Key Boxes, Locks, and Gate Switches”, the City of Lake Elmo requires that any locked access gate be: ii) Be accessible by use of a KNOX key operated paddle lock, which can be locked in
sequence to owner supplied locks for emergency access.
This paddle lock would be purchased through KNOX as specified by the fire department.” City Attorney Review. The City Attorney reviewed this request and provided the attached
comments. Some key issues outlined in the review include:
• A condition that requires the owner of the property and/or the operator to remove the modules and equipment after a certain amount of time after the project is decommissioned (i.e. 90 days or something like that). In the event that it is not removed
by that time, the City should be given permission to enter the property to remove it and
recover its costs from the letter of credit. In the event that the letter of credit is insufficient to cover the City’s costs, the City should be able to certify the costs against the property and collect the costs with the property taxes.
• There should also be a condition that the letter of credit must be in good standing at all
times, so in the event that it is not renewed or cancelled, the City may revoke the conditional use permit. Landscaping Review. The City’s landscape architect reviewed this request and provided a
memorandum dated November 12, 2022. At that time, the proposal did not meet the minimum
landscape and screening requirements, and a revised landscaping plan meeting the minimum requirements was requested.
The applicant has worked diligently to design a landscape plan that would mitigate the impacts of the use and address buffering and screening concerns of the Planning Commission and
neighbors.
On March 8, 2022, the applicant provided an updated landscaping plan that meets code and is responsive to the concerns about screening and buffering. As a condition of approval, City Staff recommends that the City’s Landscape Architect review and respond to the updated landscaping plans dated March 8, 2022.
PUBLIC COMMENT
A public hearing notice was published in the Stillwater Gazette on November 12, 2021. Mailed notices to owners of property within 350’ of the site were delivered to the Post Office prior to
8
November 12, 2021. Staff received one comment in response to the application that is included
as an attachment.
A public hearing for the request was held at the November 22, 2021 Planning Commission Meeting. Six residents spoke at the public hearing. Two commenters spoke in support of the solar garden. One commenter spoke against the solar garden, citing concerns over sound and requesting a noise study be completed. Three commenters spoke against the solar garden, citing
concerns about how the project would impact parcels under their ownership and requested that, if
approved, the project be screened from view. The Planning Commission suggested that the applicant work to bring the landscape plan into compliance with City code and be utilized to address buffering and screening concerns.
RECOMMENDED FINDINGS
Conditional use means a land use or development as defined by ordinance that would not be
appropriate generally but may be allowed with appropriate restrictions as provided by official controls only upon a finding that all of the following provisions are met. Staff recommends the following findings:
1. The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. The proposed use will not be
detrimental or in any way endanger the public health, safety, comfort. Conditions intended to mitigate any potential impact have been included in the CUP, and include items such as screening, setbacks, and stormwater management.
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. Chapter 3
of the Comprehensive Plan notes the City has incorporated standards into their zoning
ordinances regarding siting of structures and buildings to support access to solar resources. Given the City’s dominant residential landscape pattern, options for private property owners including individual homeowners and homeowners’ associations to capitalize on solar energy are supported by the City’s adopted ordinances and official
controls.
3. The use or development is compatible with the existing neighborhood. The proposed use is permitted in the Rural Residential District subject to a CUP. With conditions, the use is compatible with the existing neighborhood.
4. The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. The proposed use will meet the specific development standards for a solar
facility with specific conditions.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257
(Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is
located outside the 0.2% annual chance floodplain and shoreland area.
6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed use will be compatible in
9
appearance with the existing and intended character of the general vicinity and will not change the essential character of the area.
7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create a nuisance. To help ensure this, the staff is recommending conditions for screening and decommissioning.
8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. No wastewater or city water facilities are needed to serve this site. The site is otherwise adequately served by existing City services.
9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed use will not create excessive additional requirements at public cost.
10. The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The
proposed use will generate few trips per year on the site.
11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The proposed use should not
create traffic congestion or interfere with traffic on surrounding public streets.
12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not impact a natural or scenic feature.
RECOMMENDED CONDITIONS OF APPROVAL
If the City Council wishes to the CUP request, city staff recommends the following conditions of
approval:
1) Prior to issuance of City permits for the project:
a) Stormwater Management: A stormwater management plan meeting all State, Watershed District and City rules is required and a permit must be obtained from the Valley Branch Watershed District. These required details must be included.
i. Soil borings will be required for infiltration basins.
ii. If adjacent properties are impacted by stormwater discharge, written permission
from those property owners is required.
iii. The storm water facilities must remain privately owned and maintained.
iv. A Stormwater Maintenance and Easement Agreement in the City’s standard form is required.
b) The applicant must provide to the City Engineer a statement from a qualified engineer
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certifying the foundation and design of the solar panels, racking and support is within
accepted professional standards, given local soil and climate conditions.
c) The City’s Landscape Architect shall review and response to the updated landscaping plans dated March 8, 2022.
d) The applicant must provide an approved interconnection agreement with Xcel.
e) The applicant must provide a letter of credit in the amount of $120,652 for
decommissioning the site. The letter of credit must be in good standing at all times and
issued by a bank determined by the City to be solvent and creditworthy. The letter of credit shall be in a form approved by the City. In the event the letter of credit is not renewed or is cancelled, the City may revoke the conditional use permit.
f) The applicant must obtain all other necessary City, State, and other governing body
permits prior to the commencement of any construction activity on the parcel including
but not limited to an approved stormwater management plan, utility plans, grading plan, and building permits.
2) General:
a) Gate access to the site must be in compliance with the Lake Elmo Fire Department
Emergency Vehicle Access Policy.
b) The modules and equipment on the site must be removed within 90 days after the site is no longer operational or has not operated continuously for 12 months. In the event that it is not removed by that time, the City has permission to enter the property to remove it and recover its costs from the letter of credit. In the event that the letter of credit is
insufficient to cover the City’s costs, the City shall certify the costs against the property
and collect the costs with the property taxes.
FISCAL IMPACT
There is no fiscal impact on the City as a result of this permit. The City is collecting a letter of
credit to cover any potential removal costs.
OPTIONS: The City Council may:
• Approve the Conditional Use Permit with recommended findings and conditions of
approval.
• Approve the Conditional Use Permit with amended findings and conditions of approval.
• Deny the Conditional Use Permit, citing findings for denial.
RECOMMENDATION:
Staff recommends the City Council approve the CUP to allow a solar farm with the listed conditions.
Suggested motion:
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“Motion to adopt Resolution 2022-026, approving a Conditional Use Permit (CUP) as requested by CEF Lake Elmo Community Solar, LLC for the construction and operation of a
solar farm on the property located at 10755 50th Street N with the listed conditions based on
the findings listed in the staff report.”
ATTACHMENTS:
1. Location Map
2. Land Use Application
3. Applicant’s Narrative* 4. Site Plan (2/9/2022) 5. Structure Detail Sheet 6. Landscape Plan (3/8/2022)
7. City Engineer Review Comments (11/13/2021)
8. Fire Department Review Comments (11/12/2021) 9. City Attorney Review Comments (11/11/2021) 10. Landscape Architect Review Comments (11/12/2021) 11. Landscape Architect Review Comments (3/2/22)
12. Letter from Abutting Property Owner
13. Minutes from the November 22, 2021 Planning Commission Meeting 14. Resolution 2022-026 – Community Solar Garden CUP *Due to the size of the full submittal, we have not included all of the appendices listed in the
narrative. These are available upon request.
Location Map - 10755 50th St N
October 22, 2021 0 450 900225 ft
0 130 26065 m
1:4,800
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Date Received:. ______ _ ReceivedBy: ______ _ Permit#: _______ _
LAND USE APPilCATION
TIil.: CITY OF U\KEELMO 651-747-39003880 LavemeAvenue North Lake Elmo, MN55042
D Comprehensive Plan D Zoning District Amend D Zoning Text Amend D Variance"(see below) D Zoning Appeal
II Conditional Use Permit(C.U.P.) 0 Flood Plain C.U.P. D Interim Use Permit (1.U.P.) D Excavating/Grading
D Lot Line Adjustment D Minor Subdivision D Residential Subdivision Sketch/Concept Plan
D PUD Concept Plan D PUD Preliminary Plan D PUD Final Plan D Wireless Communications
Appticant CEF Lake Elmo Community Solar, LLC Address: 2003 Western Ave, Suite 225, Seattle WA, 98121 Phone # 206-900-9930
Email Address: kate@oneenergyrenewables.com
Property Owner: Anthony P Manzara Rev Trs
Address: 5050 Kirkwood Ave, Lake Elmo, MN 55042
PhoneV1# ;Q1 ---c;_5/-7&1-7t:JO JEmail Address: smanzara@msn.com
Property Address: 10755 50th St N, lake Elmo, MN 55042 PIO#: 1102921110003
Detailed Reason forRequest: Seeking Conditional Use Permit for construction and operation of a Solar Farm at the property with
the PIO# 1102921110003, in accordance with City Code Section 154.308.A. The Solar Farm will participate in Xcel Energy's
Solar"Rewards Community® program and will result in significant savings to Xcel Energy customers In the City, Washington County,
adjacent counties over the project's 25-year life. The Applicant has a Solar Energy Option Agreement for up to 10 acres with the Anthony
P Manzara Revocable Trust on this property to enable construction and operations of the solar project.
•Variance Requests: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the applicant must demonstratepractical difficulties before a variance can be granted. The practical difficulties related to this application are as follows:
No variances are requested as part of this application.
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense.
Signatureof lll)plolnl: \( � � Dalee Cl, \ I \ 'l... D '--\
Signature of property owner; at' :::;;z. °"Date: Gf -/ -,Z. 0 ,Z J
Conditional Use Permit (CUP) Application
Handout
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F F
F F
F F
CONDITIONAL USE PROCEDURE 1FOR THE CITY OF LAKE ELMO
The Lake Elmo City Code was established to protect current and future residents from the
negative impacts of improper development and to ensure a positive future for the city. A
conditional use permit is the mechanism that allows the city to examine proposed uses to ensure
they are compatible with the proposed site and surrounding properties. It is important to
understand that a proposed use may be acceptable in some locations but unacceptable in others.
All applications are viewed on a case-by-case basis.
In order to successfully receive a conditional use permit, there are a number of steps that must be
followed:
1. Contact city staff to discuss your proposed conditional use and obtain a land use
application from City Hall.
2. Put together an informational packet (described herein) that outlines your request and
outlines all reasons as to why the conditional use permit should be granted.
3. Submit your completed packet to staff by the applicable due date for review. Staff will
examine your submittal to determine if the application is complete, and contact you if
additional information is required or was omitted. It is to your advantage to submit
materials as early as possible so staff can assist you in meeting all requirements.
Applications found to be incomplete as of the due date (see submission deadlines on
website) will likely not be reviewed until the following month2.
4. Staff will address completed applications by requesting comments from partnering
agencies, scheduling meetings, writing reports, and notifying a public hearing. Staff will
always strive to place your application before the planning commission as early as
possible, but not until all background work is completed.
5. The Planning Commission will review the request at one of their meetings (held on the
2nd and 4th Monday of every month3) and forward a recommendation onto City Council
(1st and 3rd Tuesday of every month3). Applicants are advised to attend both the
Commission meeting and the Council meeting and be open to questions that might be
posed regarding the request.
6. The City Council will consider the request and either grant or deny the conditional use
permit.
Above all else, it is imperative that you begin your preparations as early as possible to insure
your application is complete at least one month prior to the desired date for planning commission
review. State mandated requirements for public hearing notifications do not allow the City to
accelerate the review process which typically takes 1.5 months from the date of application
(longer if the item is complex or is tabled during the review process).
1 The information provided in this document is intended to be a correct statement of the law as set forth in the Lake Elmo City Code and the laws of
the State of Minnesota. However, the applicant should refer to the actual sources and consult with their own legal advisor regarding applicability to
their application. In providing this information, the City makes no representations nor provides any legal advice or opinion.
2 Minnesota State Statute 15.99 requires local governments to review an application within 15 business days of its submission to determine if an
application is complete and/or if additional information is needed to adequately review the subject request.
3 Please note that meeting dates are subject to change due to holidays, lack of quorum, etc. Please contact City Hall to confirm all dates and times.
Conditional Use Permit (CUP) application
Handout
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Conditional use permits can be requested for many different uses in all areas of the City which
makes it very difficult to generate at handout that is applicable in all situations. It is strongly
recommended that an applicant meet with staff prior to putting an application together to identify
components listed herein that may be exempted, and to identify additional information that may
be needed in order to deem your application complete.
At a minimum, the following materials must be submitted to the City before the City deems
an application complete:
USub: RU eq: UItem:
1. A completed land use application form signed by all property owners along with
payment of the proper filing fee.
2. Written statements providing information regarding your proposal. UPlease provide
a separate answer for each of the lettered items listed belowU (answers must be
submitted in both hard copy and electronic form--.txt files or MS Word format):
a. A listing of contact information including name(s), address(es) and phone
number(s) of: the owner of record, authorized agents or representatives,
engineer, surveyor, and any other relevant associates;
b. A listing of the following site data: Address, current zoning, parcel size in
acres and square feet, property identification number(s) (PID), and current
legal description(s);
c. A narrative regarding the history of the property (current and past uses) and
any pre-application discussions with staff.
d. A specific written description of the proposed use(s).
i. Incorporate information describing Uhow the use will work on the
proposed siteU including proposed site changes, existing open
spaces, landscaping, traffic circulation, transition areas to adjacent
properties, individual uses for existing and proposed structures, and
effects on natural areas (wetlands, forests, etc.) both on-site and in
the general vicinity of the project.
ii. Provide specific details about the use including the number of
employees, hours of operation, maximum number of animals (if
applicable), proposed development schedule, etc.
e. Provide justification that the proposed use meets the following findings:
i. The proposed use will not be detrimental to or endanger thepublic
health, safety, comfort, convenience or general welfare of the
neighborhood or City.
ii. The use or development conforms to the City of Lake Elmo
Comprehensive Plan.
iii. The use or development is compatible with the existing
neighborhood.
Conditional Use Permit (CUP) application
Handout
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iv. The proposed use meets all specific development standards for such
use listed in Article 7 of the Zoning Code.
v. If the proposed use is in a flood plain management or shoreland
area, the proposed use meets all the specific standards for such use.
vi. The proposed use will be designed, constructed, operated and
maintained so as to be compatible in appearance with the existing
or intended character of the general vicinity and will not change the
essential character of that area.
vii. The proposed use will not be hazardous or create a nuisance as
defined in the zoning code to existing or future neighboring
structures.
viii. The proposed use will be served adequately by essential public
facilities and services, including streets, police and fire protection,
drainage structures, refuse disposal, water and sewer systems and
schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the
establishment of the proposed use.
ix. The proposed use will not create excessive additional requirements
at public cost for public facilities and services and will not be
detrimental to the economic welfare of the community.
x. The proposed use will not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or
odors.
xi. Vehicular approaches to the property, where present, will not create
traffic congestion or interfere with traffic on surrounding public
thoroughfares.
xii. The proposed use will not result in the destruction, loss or damage
of a natural or scenic feature of major importance.
USub: RU eq: I tem:
3. Verification of ownership (a copy of a current title report, purchase agreement,
etc.)
4.
Address labels: A certified list of property owners located within three hundred
fifty (350’) feet of the subject property obtained from and certified by a licensed
abstractor or through Washington County (see attached form).
Conditional Use Permit (CUP) application
Handout
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4 If your survey must be larger than 11x17 to be fully legible and to scale, we ask that five (5) copies be in the large format, with the
remainder reduced to 11x17.
5 Please consult with staff on exactly what to include on your survey. Every application is unique and may require more or less
information than what is listed in this handout. Staff reserves the right to require additional information.
5. Ten (10) copies of a certified survey or to-scale site plan depicting the lot upon
which a conditional use permit is requested. The large number of copies is
necessaryU given the number of people who receive the planning commission and
city council packets. The survey/site plan shall be at a readable and measurable
engineering scale, be composed of one or more sheets not smaller4 than 11x17, be
5F F
Upre-foldedU for distribution, and include the following informationF F:
Location, Floor Area, and Building Envelope of U ExistingU & UProposedU Structures
Lot Lines
Parcel Size in Acres & Square Feet
Building Setbacks (Front/Rear/Side/Lake): closest point of building to each
property line
Actual elevations for Garage Floor, Basement Floor, Foundation Top, & Building
Height
Lowest Floor Elevation if any part of property is in flood plain
All Water FeaturesU: Floodplain, Floodway Delineations, Ordinary High Water
Mark Elevations, Wetlands, Watercourses, Reservoirs, Ponds, & Other Bodies of
Water
Existing topographic character of land showing contours at 2’ intervals
Proposed topographic character at U 2’ intervals
Flow arrows indicating direction of drainage
General location of wooded or heavily vegetated areas
All Adjacent Structures Within 100 Feet of Property
All Easements (Road, Utility, Drainage, etc.)
Public Right-of-Way Name (street name)
Proposed driveway location and proposed driveway grades
Wells & Neighboring Wells if New Drainfield is Installed
Septic System & Drainfield, or Sanitary Sewer Connection
Percolation Test & Soil Boring Holes (if applicable)
Hardcover Calculations--% and square footage of:
Conditional Use Permit (CUP) application
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- Building coverage
- Driveway and parking
- Public street right-of-way
- Open space and/or landscaped
area
Proposed Treatment of the Perimeter, including Screens, Fences, Walls, &
Landscaping
Location of adjacent Municipal boundaries
Top and toe of bluffs (if applicable)
Location, dimensions, and number of off-street parking spaces (including guest,
handicapped, bicycle, and motorcycle spaces)
Location of existing and proposed pedestrian sidewalks. Identify possible
vehicular conflicts and indicate the proposed treatment of such
Administrative Information:
- Scale & North Point
- Signature of Surveyor
- Date of Preparation
- PID Number
- Site Address
Other: U
- Legal Description
- Subdivision Name (if applicable)
- Zoning Classification
- Parcel Size in Acres & Square Feet
USub: UReq: Item:
6. Landscape Plan: Ten copies of a Landscape Plan depicting the property in
question. Each document shall be at a consistent, readable, and measurable
engineering scale, be composed of sheet(s) not smaller6 than 11x17, and be pre-
F F folded for distribution. Staff will assist you in determining what is required. The
landscape plan will not be considered complete unless all required elements are
included.
Extent and location of all plant materials and landscape features. Please include a
plant material schedule with common and botanical names, symbols, sizes,
quantities, and total percentage of each species.
Flower and shrub beds shall be clearly shown and drawn to scaled dimensions.
Actual plant quantities must be shown with landscape edge and mulch material
identified.
6 If your survey or sketch plan must be larger than 11x17 to be fully legible, we ask that that ten (10) copies of the plan be in the
large format, and an additional twenty (20) be reduced to 11x17.
Conditional Use Permit (CUP) application
Handout
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Existing trees must be accurately identified as to location, species, size, and
condition; and labeled with intent to remove, protect, or transplant. Transplanted
tree locations shall be identified.
Tree protection specifications as defined in Section 23 of Lake Elmo Code shall
be included on all landscape plans in written and graphic form.
Proposed treatment of all ground surfaces must be clearly indicated (paving, turf,
mulch grading, etc). Grass surfaces must be identified as sod or seed with the
blend or mix specified.
Show specific horticultural notes and details insuring the quality, survival, and
establishment of plant materials.
Proposed contours if making changes to existing grading.
Retaining walls that are used to provide breaks in slopes, protect trees, or
accomplish other landscape objectives.
Any plans to restore, revegetate, or enhance an affected natural area or natural
area buffer zone.
Mitigation plans for any proposed natural area disturbance.
Other requirements set forth by the City Engineer
Sub:
RU eq: UItem:
7. Architectural Plans: Ten copies6 of architectural plans for all buildings
sufficient to convey the basic architectural intent of the proposed improvements.
The plans shall be pre-folded for distribution, and include the following
information (please consult with staff to determine if any of these informational
requirements can be waived):
Architectural elevations (to a verifiable scale) as they will appear after
construction.
Maximum building height/elevation of all structures.
Indication of all typical building dimensions (including doors, windows, eaves,
rooflines, pitch, et cetera) on all building elevations.
Specifications as to type, color, and texture of exterior surfaces of proposed
structures (include color chips and exterior building materials list).
Conditional Use Permit (CUP) application
Handout
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SU ub:
UReq:
A detailed lighting plan insuring that all lighting apparatuses are down shielded
as to ensure such do not shine or create glare on abutting properties and
surrounding areas (include a specification sheet for all wall fixtures and site plan
fixtures).
Photo metric plan(s) for the site.
Location of utility meters, HVAC equipment, vaults, irrigation boxes,
transformers, and other utility service functions (such as conduits, and vents).
Show how this equipment will be screened so that the visual and acoustic
impacts of these functions are fully contained and out of view of the adjacent
properties and public streets.
Item:
8. U Utilities & Services Plan: A plan set detailing the existing and proposed utility
systems including sanitary sewers, storm sewers, water, electric, gas lines, telephone
lines, fire hydrants, and trash collection areas.
9. Electronic file(s) of plan sets. Staff can generally work with most file formats (we
would prefer .jpg or .pdf files).
10.
Any other information required by city staff, commissioners, or council members
necessary to provide a complete review of the conditional use request. Information
deemed critical to the review process not listed in this handout may be requested7.
F F Staff will list other requirements below:
The City may require (or the applicant may choose to submit) evidence that is beyond what is
required in any section outlined in this handout. Please be advised that the City reserves the
right to impose conditions on an approved conditional use if necessary to avoid a detrimental
impact on surrounding properties or the City as a whole.
If you have any questions regarding these requirements, please call City Hall at (651) 747-3900.
Thank You!
7 Number of copies, size, and other such administrative details may also be imposed when requiring additional information.
LAKE ELMO SOLAR ENERGY APPLICATION
This form is meant to be an addendum to a building permit, interim use permit, conditional use permit, or
certificate of zoning compliance application. Please attach to the applicable form to ensure all submittal
requirements are met. The following outlines what type of permit is required for each type of solar energy
system:
SOLAR ENERGY PROJECT INFORMATION
1. System Manufacturer:
2. Type of Solar Energy System (Please attach this form to the appropriate application as
indicated below):
Type of Solar Energy System Required Permit
Rooftop or Building-Mount Building Permit
Ground-Mount (Accessory Use, Non-Solar Farm) Certificate of Zoning Compliance
Solar Farm in RR or A District Conditional Use Permit
Solar Farm in RT District Interim Use Permit
3. Is the system of mirror reflecting design: Yes No
4. Please explain how glare will be minimized from affecting adjacent property owners
(selective placement, screening, modifying orientation, etc.)
_________________________________________________________________________
_________________________________________________________________
Attachments to include:
NPDES permit and/or stormwater management, erosion, and sediment control plan
per City and watershed district requirements (only applicable for solar farms).
Interconnection Agreement between the applicant and servicing electrical utility if
connected directly to the distribution or transmission system (if applicable).
Site plan/survey showing proposed setback of the system from all property lines,
easements, lot size, impervious surface (if ground-mount solar energy system), and
structures.
Decommissioning plan including provisions for removal of all structures and
foundations, restoration of soil and vegetation, and plan ensuring financial resources
will be available to fully decommission the site (may be waived for certain types of
solar energy systems).
A statement from an engineer certifying that the foundation and design of the solar
panels, racking and support is within accepted professional standards, given local soil
and climate conditions (only applicable for solar farms).
Approval from the Minnesota Pollution Control Agency (MNPCA) (if applicable)
System design
Graphics showing how the system will appear
Comments (As needed for any clarification or explanation):
CONDITIONAL USE PERMIT APPLICATION FOR
CEF LAKE ELMO COMMUNITY SOLAR
1 MW GROUND-MOUNTED COMMUNITY SOLAR
GARDEN PROJECT
LAKE ELMO, MINNESOTA
SUBMITTED BY: CEF Lake Elmo Community Solar, LLC
CONTACT:
Kate Larkin, Associate Director of Development kate@oneenergyrenewables.com 206-900-9930
September 8, 2021 City of Lake Elmo Planning Commission, City Council, and City Staff
3800 Laverne Ave N
Lake Elmo, MN 55042 RE: Conditional Use Permit Application to Develop One-Megawatt Solar Project
Dear Members of the Planning Commission, City Council, and Staff:
CEF Lake Elmo Community Solar, LLC - a wholly-owned subsidiary of OneEnergy Development, LLC - is excited to present the following application to the City of Lake Elmo Planning Commission and Council for a one-megawatt (MW) solar project located in Lake Elmo,
Minnesota.
OneEnergy Development developed a series of ten (10) projects in 2019 for municipal utilities located throughout the region, which totaled 23MW and included the 2MW St Charles Project and the 600kW Lanesboro Project. OneEnergy also developed and built two (2) one-megawatt
community solar projects for Xcel Energy in central and northern Wisconsin, all of which has
given us strong insights into how to efficiently develop, engineer, and construct solar projects in the Upper Midwest. We believe that we have addressed and/or exceeded the conditions listed in the City of Lake
Elmo Code and the Conditional Use Permit Application for solar farms. OneEnergy has worked
with Xcel Energy to identify a location with a strong interconnection position relative to their distribution infrastructure and have secured a position in Xcel’s Solar*Rewards Community® program that will result in significant savings to Xcel Energy customers in the City, Washington County, and adjacent counties over the project’s 25-year life. OneEnergy has also signed a Solar
Energy Option Agreement for up to 10 acres with the Manzara family to enable construction and
operations of the project. OneEnergy builds all of our projects with an eye towards integrating well to rural and agricultural settings, using deer exclusion, ag-style fencing and seeding perennial, pollinator friendly cover
crops beneath and around the array. Once in operation, the project will not emit discernable
noise beyond the perimeter fence and maintenance personnel will be on site an average of once monthly for vegetation and equipment monitoring and maintenance. OneEnergy is dedicated to preserving its reputation as a good solar neighbor. We look forward
to working with City Staff, the Planning Commission and the City Council as you review our CEF
Lake Elmo Community Solar project for a Conditional Use Permit. Sincerely,
Katelyn Larkin Associate Director of Development
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TABLE OF CONTENTS
Introduction ........................................................................................................................................ 3
Parcel Attributes ................................................................................................................................ 4
Zoning and Legal Description ......................................................................................................... 4
Land Use and Characteristics ........................................................................................................ 5
Nearby Land Use ........................................................................................................................... 5
Project Description ............................................................................................................................. 5
PV Modules.................................................................................................................................... 6
Racking .......................................................................................................................................... 6
Inverters and Switchgear................................................................................................................ 7
Electrical Collection Systems ......................................................................................................... 7
Electrical Interconnection Infrastructure ......................................................................................... 7
Security Fencing ............................................................................................................................ 7
Access Road .................................................................................................................................. 8
Parking ........................................................................................................................................... 8
Ground Disturbance ....................................................................................................................... 8
Setbacks ........................................................................................................................................ 8
Landscape Screening .................................................................................................................... 8
Economic and Environmental Benefits ........................................................................................... 9
Construction, Operations, and Maintenance ...................................................................................... 9
Hours of Operation ....................................................................................................................... 10
Number of Employees .................................................................................................................. 10
Number of Trips, Vehicles and Traffic Flow .................................................................................. 10
Project Consultations ....................................................................................................................... 10
City Planning and Zoning ............................................................................................................. 11
Wetlands/Vally Branch Watershed District Review ....................................................................... 11
Public Works ................................................................................................................................ 12
Federal Aviation Administration .................................................................................................... 12
Minnesota Department of Natural Resources ............................................................................... 13
Federal Emergency Management Agency ................................................................................... 13
Interconnection Application Status ................................................................................................... 13
Stormwater Management Plan ......................................................................................................... 13
Erosion and Sediment Control ..................................................................................................... 14
Decommissioning and Financial Assurance Plan ............................................................................. 15
Conditional Use Justification ............................................................................................................ 17
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TABLE OF APPENDICES Appendix A – Current Title Report and Option to Lease
Appendix B – Current Site Condition Photos
Appendix C – Site Plan
Appendix D – Landscape Plan
Appendix E – Project Consultations
Appendix F – Facilities Study Scope
Appendix G – Stormwater Management Plan
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INTRODUCTION
The CEF Lake Elmo Community Solar Project (the “Project”) is
a proposed solar photovoltaic (“PV”) project with a maximum
size of 1,000 kilowatts (“KW”) alternating current (“AC”) and is
owned by CEF Lake Elmo Community Solar, LLC (“Applicant”),
a wholly-owned subsidiary of OneEnergy Development, LLC.
The Project is proposed to be located at 10755 50th St N, Lake
Elmo, MN 55042. The Applicant has a Solar Energy Option
Agreement to lease up to 10 acres with the Manzara family to
enable construction and operations of the project. The Project’s
proposed area of development (“Site”) will occupy up to
approximately seven (7) acres as shown in Figure 1 below.
AT A GLANCE: CEF LAKE ELMO COMMUNITY SOLAR
PROJECT AREA 7 acres
SITE CONTROL
3 year option for a 26-year lease with 10-year extension option
SYSTEM SIZE 1 MW-AC/1,000 KW-
AC
SYSTEM TYPE
Single-axis tracking Solar Photovoltaic
PROJECTED OUTPUT ~2,300 MWh / Year
ESTIMATED ONLINE DATE 2022
Figure 1. Project Area
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The Project will provide low-cost renewable electricity to Xcel customers in the City of Lake Elmo,
Washington County, and immediately adjacent counties via Xcel Energy’s Solar*Rewards
Community® program, and will connect directly to the distribution system of Xcel Energy. The
project was designed so that the vast majority of the electricity produced would be used within
the community. It is estimated the project will produce enough energy to meet the energy needs
of over two-hundred (200) average Minnesota households annually.
PARCEL ATTRIBUTES
ZONING AND LEGAL DESCRIPTION
The Project will be sited within the Rural
Residential (“RR”) District as defined under the
City of Lake Elmo’s Zoning Code (“Code”). The
Project is allowed in the RR zone subject to a
Conditional Use Permit (“CUP”).
The Project will be located on the property with
the tax parcel number: 11.029.21.11.0003
totaling 10.9 acres (the “Property”). The Property
is in the City of Lake Elmo, Minnesota and
bordered by 50th St N to the north, Lake Elmo
Ave N (county road) to the east, and private
property to the south and west. Coordinates for
the approximate center of the Project are
45.020488° north latitude and -92.884442° west
longitude.
The Property is privately-owned by the Anthony P Manzara Revocable Trust. A current title
report demonstrating the land ownership is included as Appendix A. The legal description of the
Property is as follows:
That part of the East Half of the Northeast Quarter of Section 11, Township 29 North,
Range 21 West, Washington County, Minnesota, lying North of the South 2105.5 feet (as
AT A GLANCE: PARCEL ATTRIBUTES
OWNER OF RECORD:
Anthony P Manzara Rev Trs
5050 Kirkwood Ave
Lake Elmo, MN 55042
651-679-7001
PROJECT OWNER:
CEF Lake Elmo
Community Solar, LLC
2003 Western Ave, Suite 225,
Seattle, WA 98121
Kate Larkin, Associate Director
206-900-9930
ADDRESS 10755 50th St N, Lake Elmo, MN
55042
CURRENT ZONING Rural Residential
PARCEL SIZE 10.9 acres/ 474,618 SF
PID 1102921110003
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measured along the East line) thereof. Excepting therefrom the North 290.4 feet of the
East 750 feet of the West 850 feet of said East Half of the Northeast Quarter, according
to the United States Government Survey thereof and situate in Washington County,
Minnesota.
The Applicant has an Option to Lease the Property, which is provided in redacted form at
Appendix A.
LAND USE AND CHARACTERISTICS
The Property has historically been used for agricultural purposes. A single family detached home
was build on the western portion of the property in 1986. Currently the property continues to be
used primarily for cultivated agriculture and as a residence. Site elevations range from
approximately 930 to 950 feet above mean sea level. Photos of the current site conditions are
included as Appendix A.
NEARBY LAND USE
Nearby properties are zoned RR and are primarily of residential and agricultural use. However,
the Halcyon Cemetery is also located adjacent to the Project.
PROJECT DESCRIPTION
This Application is for a Conditional Use Permit to construct a 1 megawatt solar PV project on
approximately 7 acres of land. The Project will be constructed on land currently used for
agriculture. No wetlands, forests, or biologically sensitive areas will be impacted by the Project.
The Project will not produce any adverse impacts on surrounding properties, as it has been
designed to avoid percebtable glare and noise, will not generate traffic or emmissions once built.
Additionally, the Project will not place any new burdons on City infrastructure, as no new water
or sewer utilities are required. Conversly, the Project will support healthier air and soils through
local renewable energy generation and use of pollinator habitat in site stabilization.
The Project is expected to start construction and be completed in 2022. The Project will be
constructed in compliance with any applicable local, state, and federal regulatory standards,
including – but not limited to - the State of Minnesota’s Uniform Building Code and the National
Electric Code. A Site Plan is included as Appendix C and further details on the project and it’s
components are provided below.
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PV MODULES
The Applicant proposes to install approximately 2,250 PV modules (final module count to be
confirmed prior to building permit issuance and start of construction) to convert sunlight to
electricty for local use. The PV modules installed will be consistent with the type, make, and size
of PV module used in residential rooftop
solar installations and will consist of
individual solar cells encased in steel and
glass with an anti-reflective coating as
shown in Figure 2. The modules will be
arranged in rows and the rows will be
spaced apart approximately 15 feet to
prevent inter-row shading and to allow for
stormwater infiltration and maintenance
equipment access.
RACKING
The PV modules will be mounted on single-axis trackers supported on stationary piles as shown
in Figure 2 above. Each row of solar panels will be strung together in a north-south orientation
and the panels will tilt on a single-axis (facing east in the morning
and tilting toward the west, following the sun, through the course
of each day to maximize energy output). The top of the panels
will stand no higher than 14 feet.
The racking system and panels are supported by steel piles
driven to a depth of 5 to 9 feet below grade, as shown in Figure
3. No footings are required for the driven piles. Within 60 days of
completion of construction, a professional engineer licensed in
the state of Minnesota will ceritify in writing that the Project’s
foundation and design of the solar energy system is suitable per
the City’s Standards for Alternative Energy (codified at Section
154.308.A.4).
Figure 3. Steel pile installation
Figure 2. Mounted PV Modules
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INVERTERS AND SWITCHGEAR
The solar facility will include inverters to convert the variable direct current (DC) output of the
solar panels into the alternating current (AC) power that utilities use to deliver power. Each of
the inverters will be housed within a single purpose-built
steel housing to be placed on top of a concrete slab.
Switchgear will be installed for safety and maintenance
to electrically control, protect, and isolate sections of the
solar array. The switchgear will also be constructed on
a concrete slab. While the exact size of these pads will
be determined by final equipment selection and utility
requirements, the current design calls for ~7’ x ~12’
concrete pads.
ELECTRICAL COLLECTION SYSTEMS
All the wiring for the solar panels and the low-voltage runs to the inverter/switchgear station will
be either underground or in a conduit mounted to the support structure of the array. From the
inverters and switchgear, an underground medium voltage electric line will be constructed to
Xcel’s electrical interconnection infrastructure.
ELECTRICAL INTERCONNECTION INFRASTRUCTURE
The Project will connect to the existing Xcel Energy distribution line and right-of-way located on-
site. The Project proposes a line tap of the above ground distribution line located at
approximately 45.021274° north latitude and -92.884682° west longitude located south of 50th
St. N. As shown in the Site Plan provided at Appendix C, the Applicant anticipates Xcel Energy
will require up to three new aboveground poles for their electrical equipment to support the
interconnection. The access road will be co-located with the point of interconnection to allow
Xcel Energy access for maintenance.
No other additional utilities or public services, such as septic system or public water service, are
required or proposed. The location of existing public utilities are noted on the Site Plan in
Appendix C.
SECURITY FENCING
Security fencing will be installed and located as shown on the Site Plan to encompass all solar
Figure 4. On-site electrical infrastructure
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panels, the inverter and switchgear pads, and the temporary staging area, along with portions
of the access road and underground medium voltage electrical line.
ACCESS ROAD
One (16) foot gravel service road will be constructed using appropriate gravel and asphalt
material to allow for vehicular access to the solar facility.
PARKING
No permanent parking spaces are proposed, however, temporary parking during construction
will occur on-site only.
GROUND DISTURBANCE
There will be minor ground disturbance across the Site to drive the support piles and to bury the
necessary electrical wiring. Power and communication lines running between banks of solar
energy panels and the Project’s interconnection to the distribution system shall be buried
underground to the greatest extent possible, as shown on the Site Plan. Best efforts will be taken
to minimize the earthwork required for the construction of the concrete pads for the inverters and
switchgear. As shown on the Site Plan, the Project area includes room for a temporary staging
area at the end of the Project’s access road. All appropriate measures will be taken during
construction and operation to install and maintain necessary stormwater and sediment erosion
control measures, as discussed in greater detail below.
SETBACKS
The Project mets or exceeds the Code’s setback requirement of at least 50 feet from adjacent
properties (Section 154.308.A.2) and the RR zones bulk requirements (Section 154.402). The
Project further observes the 60-foot right-of-ways from the centerline of both Lake Elmo Ave and
50th Ave N. The most strict required setbacks are illustrated on the Site Plan.
LANDSCAPE SCREENING
A majority of the views from adjacent properties are non-residential, primarily agricultural, or are
currently blocked by mature vegetation (to remain on-site). Per feedback received by Mr. Ben
Prchal, former City Planner, landscape screening is proposed between the Project and the
residence located to the south to block residential views of the solar facility. A Landscape Plan
is included as Appendix D.
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ECONOMIC AND ENVIRONMENTAL BENEFITS
The Applicant employs a rigorous site selection process to mitigate, to the largest extent feasible,
negative environmental impacts, while partnering with landowners and local communities to
generate positive economic and environmental benefits.
The Project will generate approximately 2,390 MW-hours of clean electricity each year, which is
enough to power more than 200 average homes and will result in an annual emissions reduction
of over 3.73 million pounds of CO2. This is equivalent to removing roughly 365 passenger
vehicles from the road annually.
The Project will also deploy pollinator-friendly vegetation as a ground cover underneath the array
and within the security fence. Pollinator habitat co-located with solar serves the dual use of
ground cover to prevent soil erosion, while also benefiting pollinator populations. Pollinators are
a crucial component of all agricultural ecosystems, providing every third bite of food we eat, yet
suitable habitat for these species has become increasingly sparse and fragmented.
Beyond promoting a healthy local environment, this Project will deliver numerous economic
benefits. This project will create long-term monitoring and maintenance jobs, temporary
construction jobs, and indirect jobs through local spending at hotels, restaurants, and
construction materials suppliers, among others. The Project will also generate a consistent
revenue stream over it’s operational life through recurring annual lease payments. In addition,
businesses and residents of the City of Lake Elmo and Washington County will be able to
purchase energy produced by the Project at a discounted rate, saving them money on their
electrical bills.
CONSTRUCTION, OPERATIONS, AND MAINTENANCE
Construction activities will include, installation of racking posts and assembly of the racking
system, mounting of the solar modules, wiring the modules together, trenching of underground
electrical cables, construction of concrete pads for the inverters, and construction of the project
access roadways. During construction noise levels will be kept to the appropriate daytime hours
and will be temporary. Construction is likely to be complete within four to six months.
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Once constructed, solar facilities operate passively and have no moving parts, besides the
tracking system. The only on-site activities that will occur during operations include periodic
vegetative maintenance and equipment maintenance and monitoring.
HOURS OF OPERATION
Construction activities will take place between 7am and 7pm. Following construction, the site
will be operational during daylight hours.
NUMBER OF EMPLOYEES
The project will employee approximately 10-15 people during peak construction for
approximately 4 to 6 months. After construction, there will be no on-site employees on a
regular basis. Maintenance technicians will visit the site 1-3 times per year for scheduled
maintenance, consisting of 2-4 employees. No one other than employees will access the site.
NUMBER OF TRIPS, VEHICLES AND TRAFFIC FLOW
Major material and equipment will be delivered by tractor-trailers and offloaded by construction
vehicles (lulls, tracked vehicles, and front-loading equipment). Equipment utilized during
construction of the Project may include dump trucks, trenching equipment, concrete trucks, front
loaders, backhoes, post installation equipment, and excavators. A staging area will be utilized
for unloading of equipment and materials.
During construction, traffic will consist of delivery trucks and personnel vehicles. It is expected
that no more than 4 delivery trucks will arrive on-site per day during construction. Following
construction, approximately one truck is expected to visit the site for maintenance work 1-3
times per year.
PROJECT CONSULTATIONS
The Applicant has consultated a number of governmental agencies or affiliated third-parties to
complete due diligence of the site, determine how the proposed Project may impact the existing
conditions, and confirm the site design conforms with the Code. A summary of the results of
these consultations are below and consultation documentation is provided as Appendix E unless
otherwise stated.
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CITY PLANNING AND ZONING
The Applicant initially reached out to the City’s Planning and Zoning Deparment regarding the
proposed Project in February 2021 and then followed-up consistently through the application
submission to ensure the Project would comply with all code requirements for solar farms, and
to confirm the application process and submittal requirements. The Applicant’s primary contact
was the City Planner, Mr. Pen Prchal. At the time of this application, Mr. Prchal is no longer with
the City’s Planning and Zoning Deparment. As such, copies of emails exhanged between Mr.
Prchal and the Applicant are provided in Appendix E. The Applicant reached out to the City’s
consultants at Bolten & Menk in August 2021 and shared the Site Plan for review in advance of
application.
WETLANDS/VALLY BRANCH WATERSHED DISTRICT REVIEW
A Level 1 Wetland Delineation report was completed by Braun Intertec Corporation (Braun) in
December 2020 and submitted to the Valley Branch Watershed District (VBWD) in March 2021.
The VBWD requested completion of a field delineation following review of the proposed Project
and Level 1 report. Braun Intertec completed a field delineation (Level 2 Delineation) in April
2021, which identified two wetlands on-site. A Level 2 Wetland Delineation Report was submitted
to VBWD and US Army Corps of Engineers (USACE) in May 2021 via joint application for
wetland delineation concurrance. In June 2021, VBWD conducted an on-site review of the
completed wetland delineations with representatives from Braun and provided their concurance
of the delineations via a Minnesota Wetland Conservation Act Notice of Decision dated July 1,
2021.
Following wetland boundary confirmation, the Project was reconfigured to avoid wetland impacts
and a concept Site Plan was then emailed to VBWD with request for feedback. Mr. John Hanson,
the VBWD Engineer, provided comments by phone and email in July 2021 regarding the VBWD
Board’s past decisions to allow solar panels within wetland buffers, but not within delineated
wetlands. He also provided his expectations for how the VBWD Board would view the Project’s
anncillary equipment, such as fencing, access drives, and electrical equipment, located within
the wetlands buffers. Based on these conversations, the Project’s Site Plan was again revised
in conformance with VBWD’s preliminary guidance prior to this submittal.
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As a result, while two wetlands are located the Property, the Project will not impact either
resource. In accordance with VBWD past approvals, the Project does propose minimal sitting
within the 50-foot wetland buffer, but has confirmed the necessary buffer replacement
requirements and will coordinate approval of such buffer impacts directly with VBWD. Based on
initial feedback received by VBWD, the access road and electrical pads will not be located in the
wetland buffers.
PUBLIC WORKS
At the suggestion of Mr. Ben Prchal, former City Planner, a concept Site Plan was submitted to
Mr. Jack Griffin, PE, City Engineer, in May 2021 for review of the proposed access drive. Mr.
Griffin provided his preliminary findings via a Memorandum dated June 1, 2021, which was
provided to the Applicant. The Project, as proposed, complies with three of the four preliminary
findings, including prohibiting access via Lake Elmo Avenue, observing the City Comprehensive
Plan right-of-way setback of 60 feet from centerline of 50th St. N, and specifying that the portion
of the Project’s access driveway to be located within the public right-of-way be paved per City
ordinance.
The fourth finding states, “Minimum spacing from the intersection with Lake Elmo Avenue for a
private driveway should be 420 feet to provide for a future right turn lane at Lake Elmo Avenue.”
Following conversations with Mr. Griffin and in order to avoid impacts to the delineated wetland
and wetland buffer located along 50th St. N, the project is proposing the access driveway be
located approximately 269 feet from the intersection, as shown in the Site Plan.
FEDERAL AVIATION ADMINISTRATION
The Applicant confirmed via the Federal Aviation Administration’s (“FAA”) Notice Criteria Tool
that the proposed project does not require notice to be given to the FAA under CFR Title 14 Part
77.9. Further, the Applicant prepared a glare analysis for the project using the FAA’s approved,
third-party vendor, Forge Solar, developed by the Sandia National Laboratory and widely
considered the industry standard. The analysis indicated that the Project will have “No glare
predicted” with the Project’s current location and design to the 18 adjacent and nearby
residences analyzed.
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MINNESOTA DEPARTMENT OF NATURAL RESOURCES
The Applicant confirmed with the Minnesota Department of Natural Resources Biological Survey
that the Project is not located within areas identified with moderate to high biological significance.
FEDERAL EMERGENCY MANAGEMENT AGENCY
The Applicant confirmed with the Federal Emergency Management Agency (FEMA) that the
Project is not proposed within a floodplain.
INTERCONNECTION APPLICATION STATUS
Following application acceptance and deposit of $100,000, but prior to issuance of an
Interconnection Agreement (IA), Xcel completes multiple studies to determine that a proposed
Community Solar Garden is designed to Xcel’s standards and is safe to interconnect onto the
existing electrical grid. To date, the Applicant has successfully completed 3 of the 4 studies
required including, the Initial Engineering Review, Supplemental Review, and System Impact
Study. Xcel is currently performing the Facilities Study, which is the fourth and final study
required. A scope of work fully executed by Xcel and the Applicant for Facilities Study is attached
as Appendix F. Upon completion of the Facilities Study by Xcel, an IA will be issued and a fully
executed copy will be provided to the City before issuance of the building permit and start of
construction.
STORMWATER MANAGEMENT PLAN
Prior to issuance of a building permit and the start of construction, the Project will obtain (and
comply with) the Minnesota Pollution Control Agency’s (MPCA) NPDES Construction General
Permit, including preparation of a Stormwater Pollution Prevention Plan (SWPPP), Notice of
Intent submittal, and erosion and sediment controls. Additionally, the Project will apply to and
comply with City and watershed district’s stormwater management and erosion and sediment
control provisions.
Consistent with the MPCA’s guidance on solar facilities, stormwater from new impervious
surfaces will be treated by changing the land use from cultivated agriculture to almost 100%
vegetated groundcover, including pollinator plantings, and installation of infiltration basins. A
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concept Stormwater Management Plan is included as Appendix G and provides the proposed
location of these basins, along with the supporting design calculations.
EROSION AND SEDIMENT CONTROL
The Project is not expected to result in significant adverse impacts to soils, nor create any
significant erosion. The Project will follow the guiding principles of the Minnesota Pollution
Control Agency’s Stormwater Best Management Practices Manual, using erosion prevention as
the primary protection at the site, with sediment controls used as a secondary system.
Where possible and to the extent feasible, the erosion prevention methods to be deployed
include:
• Preserve the existing vegetation.
• Design the Project to be compatible with the existing topography, soils, and
vegetation.
• Schedule grading and construction to minimize soil exposure, especially during the
rainy season.
• Inspection and maintain of control measures during construction.
The following Best Management Practices (“BMPs”) will be used to prevent erosion and control
sediment:
• Minimize concentrated flows and divert runoff away from exposed or critical areas.
• Minimize slope steepness and slope length.
• Keep runoff velocities low by using channel linings or temporary structures in drainage
channels.
• Prepare drainage ways and outlets to handle concentrated or increased runoff.
• Use flagged poles or stakes to mark storm drains, catch basins, curb inlets, and other
BMPs
• Vegetate and mulch disturbed areas.
In addition, the Project will utilize a mix of typical temporary and permanent erosion and sediment
control best management practices during construction such as: stabilization (seeding, straw,
hydro-mulch), silt fences, sediment logs, and stabilized construction exits. The Project’s erosion
and sediment control requirements will be confirmed with VBWD and documented via the
NPDES Construction General Permit to be obtained prior to building permit issuance.
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DECOMMISSIONING AND FINANCIAL ASSURANCE PLAN
The Project has an estimated useful lifetime of approximately 25 to 35 years with equipment
replacement and repowering conducted as necessary. The Applicant shall decommission the
project within twelve (12) months of the end of Project operations. Decommissioning the project
shall involve the removal of all components of the Project. Once all solar facilities are removed
from the Project Site, the land will be returned to the farmable conditions in place prior to
construction of the Project.
The decommissioning steps including the following:
• Removal of the PV modules, racking, and piles.
• Removal of the electrical equipment.
• Removal of the below-grade conduits and associated cables.
• Removal of the concrete pads. Replace and grade with native soil.
• Removal of fences and any remaining equipment.
• Removal and haul-off of gravel contained in any roads added as part of the Project plus
the underlying aggregate.
No grading is necessary, since the Project construction plan does not require any grading other
than possibly smoothing or knocking down any piles of debris, dirt, or aggregate that may already
be on the premises.
The Applicant is committed to responsible management of the Project. As part of this
commitment, the Applicant is dedicated to recycling as many of the Project components as
possible once the Project is no longer in operation. As a result, waste from the decommissioning
process is anticipated to be minimal. The Project’s solar PV components, glass, steel,
semiconductor material, and wiring material are all recyclable. During decommissioning, the
Project’s components will be dismantled using low-impact conventional construction equipment
and recycled, or disposed of, safely and in compliance with local and national regulations. Solar
equipment with remaining useful life will be sold for other applications. Any trash or debris on
the Project Site will also be removed during decommissioning. The Applicant aims to employ
experienced, local subcontractors to decommission the Project.
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The estimated cost, salvage value, and net costs of decommissioning the project are shown in
Table 1 below and will be reviewed and updated prior to issuance of the building permit for
construction. Per this estimate, CEF Lake Elmo Community Solar, LLC is proposing a financial
security of $15,000. The purpose of the proposed financial security is to ensure the City has
sufficient funds to remove the project and return the Site to it’s original condition should the
Project be unable or unwilling to implement the decommissioning plan.
CEF Lake Elmo Community Solar, LLC proposes to provide the financial security in the form of
a letter of credit to be established prior to the issuance of the building permit. The City will be
the designated beneficiary of the fund.
The utilization of the financial assurance instrument shall be restricted to decommissioning steps
and requirements as detailed herein. Any residual funds (not spent specifically for reclamation
or remediation) shall be returned to the Applicant once the decommissioning operations have
been completed.
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Table 1 – Decommissioning Estimate
CONDITIONAL USE JUSTIFICATION
The Applicant has sited and designed the proposed Project to conform with and benefit the
surrounding community as detailed in the findings below.
i. The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or City.
Decommissioning Task
Estimated
Quantity Unit Unit Cost Total
Mobilization/Demobilization 1 Lump Sum 8,000.00$ 8,000.00$
Site Demolition
Remove Existing Fence 3,250 LF 5.20$ 16,900.00$
Remove Existing Gravel Entrance 152 CY 4.80$ 729.60$
Haull off for Existing Gravel Entrance 152 CY 5.80$ 881.60$
Racking and Module Removal
Pile Removal 480 Each 9.50$ 4,560.00$
Table Removal 90 Each 120.00$ 10,800.00$
PV Module Removal 2,250 Each 5.50$ 12,375.00$
PV Module Haul Off 71 Ton 25.00$ 1,775.00$
Wiring Removal
Utility Pole Removal 3 Each 390.00$ 1,170.00$
DC Collector System Cables Removal 1 Per MW 1,500.00$ 1,500.00$
Underground AC Collector System Cables Removal 1 Per MW 2,500.00$ 2,500.00$
Power Conditioning Equipment Removal
Inverters 10 Each 900.00$ 9,000.00$
Transformer 1 Each 500.00$ 500.00$
SCADA Equipment 1 Each 280.00$ 280.00$
Pad Removal 2 Each 500.00$ 1,000.00$
Site Restoration
Permitting 1 Lump Sum 1,000.00$ 1,000.00$
ESC Controls 3,500 LF 5.00$ 17,500.00$
Re-seeding 6 Acre 1,100.00$ 6,050.00$
Decommissioning Subtotal 96,521.20$
Salvage Value
PV Modules 2,138 Each 28.00$ 59,850.00$
Racking 70 Tons 178.00$ 12,460.00$
Piles 24 Tons 178.00$ 4,272.00$
Other (Fencing, electrical equipment)1 Lump Sum 5,000.00$ 5,000.00$
Salvage Value Subtotal 81,582.00$
Decommissioning Total Net Cost 14,939.20$
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As discussed herein, the Project will comply with all code requirements, including those
for setbacks, stormwater management, landscaping to protect residential views, and
structural integrity. The Project will also not produce any harmful noise, fumes, runoff, or
glare, will not be accessible to the public, and will be deemed electrically safe to connect
to the existing grid by Xcel energy. As such, the proposed use will be a largely begnin
addition to the environment while providing local Xcel customers with the opportunity to
save on their electric bills and introducing needed pollinator habitat into the landscape.
ii. The use or development conforms to the City of Lake Elmo Comprehensive Plan.
The Project supports the City of Lake Elmo’s 2040 Comprehensive Plan’s (the Plan) goals
in a number of ways. First, the Project is proposed in a neighborhood with the Community
Designation of Rural Residential and supports the Future Land Use Plan (and Land Use
Goal #1) by not adding to residential denisty or urbanization through added infrastructure
and maintaining the Property at a density of 1 unit per 10 acres. Next, the Project will
primarily result in a privately-funded, new domestic energy infrastructure resource for the
community (TRIN Goal #1) that can serve and benefit all residents of the City who choose
to enroll by reducing their electric bills. An estimated 49% of households are unable to
host residential solar systems mainly because they are renters and/or they have
inadequate roof space so this new infrastructure will also support and expand on the
Future Land Use Plan’s solar access and resiliency aims. Finally, the Project also
supports Character & Governance Goal # 3 by providing all residents who subscribe
regardless of home ownership or roof space, a novel way to connect to and benefit directly
from their local, renewable solar resource.
iii. The use or development is compatible with the existing neighborhood.
The Project is compatible with the existing neighborhood as it maintains the desired
density for the Rural Residential District, observes or exceeds all setbacks, protects
residential views, and will not create or produce any impactful traffic, noise, smoke,
fumes, glare or odors once operational. As stated above, the result is a begnin, and
therefore compatible, addition to the existing landscape.
19
iv. If the proposed use is in a flood plain management or shoreland area, the proposed use
meets all the specific standards for such use.
The Project is not in a flood plain management or shoreland area.
v. The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
The Project was designed to be compatible with the surrounding area. The Project is a
small-scale installation, proposed to be less than six acres, sited where the majority of
adjacent parcels are agrigultural and have non-residential views. The Project further
maintains the intended density of the neiborhood. During operations and maintenance, a
meadow condition with pollinator habitat will be maintained under the solar panels
ensuring the Project contributes to the agricultural vitality of the neighborhood. The
Applicant will also maintain a safe and clean site at all times ensuring the Project looks
well-maintained. As a result of the size, siting, and maintenance of the Project, it will not
consequentially change the character of the area.
vi. The proposed use will not be hazardous or create a nuisance as defined in the zoning
code to existing or future neighboring structures.
The Project will not be hazardous or create a nuisance at any point and the Applicant will
maintain a safe and clean site at all times. During construction the Applicant will ensure
any noise, dust, vibration, construction waste and debris, and any lighting and signage
created or used will comply with all local laws and limits set by the permit and authorities
having jurisdiction. During operations, the Project will not create any nuisance
circumstance (no drainage will be altered without the proper permit, no access will be
allowable for the public, no dangerous objects, no environmental nuisances, no
explosives,no fires or fire hazards, no inadequate mainteanance or failure to maintain
improvements, etc.) as defined by City Code 96.03.
vii. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools or will be served adequately by such facilities and
20
services provided by the persons or agencies responsible for the establishment of the
proposed use.
No new public streets, drainage structures, or water and sewer systems will be needed
to support the project at any point. The project will not increase population at local schools
and no new burdens will be placed on police or fire departmens, though site specific
training can be made available to both angencies as requested. Therefore, the proposed
Project will be served adequately by existing essential public facilities and services.
viii. The proposed use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community.
The Project will be paid for by private investments from construction through
decommissioning, including any needed utility upgrades. The Project will benefit the
community through opportunity to reduce individual electricity bills, local spending, and
job creation, as discussed above.
ix. The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
No excessive traffic, noise, smoke, fumes, glare or odors will be created by the Project.
During construction the Applicant will ensure any traffic or noise created will comply with
all local laws, limits set by the permit, and authorities having jurisdiction. Therefore, the
Project will not be detrimental to any persons, property, or the general welfare.
x. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
As discussed above, traffic to and from the site will be minimal. During construction, traffic
will consist of delivery trucks and personnel vehicles. It is expected that no more than 4
delivery trucks will arrive on-site per day during construction. Following construction,
approximately one truck is expected to visit the site for maintenance work 1-3 times per
21
year. Vehicular approaches to the Property will use a driveway to be approved by the
Public Works Deparment. As a result, the Project will not create congestion or interfere
with traffic on surrounding public roads.
xi. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
As discussed herein, the Project will not damage, destroy or cause the loss of any natural
feature such as wetlands, floodplains or areas of moderate to high biological significance.
Likewise, the Project will have little impact on the scenic landscape due to it’s scale and
siting. Conversly, the Project help reduce emmissions from electricity generation while
creating new pollinator habitat.
LEGENDLAKE ELMO, MNCEF LAKE ELMO COMMUNITYEXCLUSIVE USE OF:WAS PREPARED FOR THETHIS SURVEY AND DRAWING11OFSHEET NO.MSSEYP.O. BOX 100, KASSON, MN 55944PH. NO. 507-634-4505, EMAIL SURVEY@WSE.ENGINEERINGWSEALTA/NSPS LAND TITLE SURVEYSOLAR, LLCW 1/2 NE 1/4E 1/2 NE 1/450TH STREET NORTHLAKE ELMO AVENUE NORTH (CO. RD. No. 17)
LEGENDBOUNDARY & TOPOGRAPHIC SURVEYW 1/2 NE 1/4
E 1/2 NE 1/450TH STREET NORTHLAKE ELMO AVENUE NORTH (CO. RD. No. 17)
LAKE ELMO, MN
CEF LAKE ELMO COMMUNITY
EXCLUSIVE USE OF:
WAS PREPARED FOR THE
THIS SURVEY AND DRAWING
11OFSHEET NO.
M SSEY
P.O. BOX 100, KASSON, MN 55944
PH. NO. 507-634-4505, EMAIL SURVEY@WSE.ENGINEERING
WSE
SOLAR, LLC
60' ROAD
CENTERLINE
EASEMENT50' PARCEL
SETBACK16' GAP BETWEEN
FENCELINE & MODULE
(TYP.)
50' PARCEL
SETBACK
PROJECT
FENCELINE
TYPICAL
TRACKER
PARCEL BOUNDARY
PROPOSED POI
EXISTING POLE
20' INNER
RADIUS
50TH ST N
LAKE ELMO AVE N25'
25'
UTILITY EASEMENT
(50' X 100')
PROPOSED SITE ENTRANCE /
ACCESS GATE (SEE NOTE 8)
RECLOSER
MAIN SERVICE METER
AC DISCONNECT
25' SETBACK
~81'
16'
60' ROAD
CENTERLINE
EASEMENT
~32'
~81'
~144'
~50'9309309
3
593593
5
9359
4
0
94
0
945 9459509289299299319
3
1 931931931931931 931931
932 932932932
93
2
932 93293293
3
933
933
93
3
9
3
3
933
9349
34
93
4
9
3
4 934934
936
936
93
693693
7
937
938938
9
3
9
939
9
4
19419
4
2
94
2
943943944
94
4
944944946947948949951952953 MV EQUIPMENT PAD79.7' FROM CENTERLINE
TO IX POLE
ACCESS LANE ~313'
FROM LAKE ELMO AVE N
ROAD PAVED WITHIN
60' OF CENTERLINE
PROPOSED PREATREATMENT +
BIOINFILTRATION BASIN
4,577 SF COMBINED STORAGE
BASIN BOTTOM: 929.00
BASIN TOP: 930.00
PRETREATMENT BOTTOM: 929.50
PRETREATMENT TOP: 930.00
EOF: 929.80 DRAINAGE DITCHDRAINAGE DITCH
GATE FOR MAINTENANCE
ACCESS
9494 94
95
694
LAKE
ELMO
PROJECT SITE
36
PROPOSED GRAVEL
ACCESS ROAD
VBWD APPROVED
WETLAND BOUNDARY
LAYDOWN / PARKING
AREA
INVERTER PAD
PARCEL BOUNDARY
FENCELINE
MINOR 2' CONTOUR
MAJOR 10' CONTOUR
UNDERGROUND
MEDIUM VOLTAGE
NEW UTILITY POLE
EXISTING UTILITY
POLE
OVERHEAD MEDIUM
VOLTAGE
EXISTING UTILITY LINE
PROPOSED CEMENT
ACCESS ROAD
N
CEF LAKE ELMO COMMUNITY SOLAR, LLC 1.000MWAC - CONCEPTUAL LAYOUT
SITE DETAILS:
SITE LAT:45.020476°
SITE LONG:-92.884332°
CASE NUMBER:03792551
PARCEL ID: 11.029.21.11.0003
OWNER:ANTHONY P. MANZARA
ACREAGE:10.90 ACRES
EXISTING ZONING:RURAL RESIDENTIAL
EXISTING USE:VACANT FIELD
PROPOSED USE:SOLAR PV GENERATION
LAND USE SUMMARY:
TOTAL PARCEL AREA 10.90 ACRES (474,618 SQFT)
TOTAL FENCED AREA:5.08 ACRES
GRAVEL ACCESS ROAD:4,104 SQFT
SCALE: 1" = 60'
SCALE: 1" = 60'
PROJECT
ADDRESS
DRAWING
TITLE:
SHEET NUMBER:
SCALE:
DRAWN BY:
CHECKED BY:
DATE:
REVISIONS:
WRITTEN DIMENSIONS ON THIS PLAN SHALL SUPERCEDE SCALED
DIMENSIONS. CONTRACTORS ARE RESPONSIBLE FOR FIELD
VERIFYING ALL DIMENSIONS. THIS DRAWING, DESIGN, CONCEPT
AND ARRANGEMENT REMAIN THE PROPERTY OF ONEENERGY
RENEWABLES AND SHALL NOT BE COPIED, DISCLOSED OR
REPRODUCED WITHOUT CONSENT.
DESCRIPTION
A B C D E F G H I J K
1
2
3
4
5
6
7
8
10
11
9
CEF LAKE ELMO COMMUNITY SOLAR, LLC
ONEENERGY DEVELOPMENT
10755 50TH ST N
LAKE ELMO MN 55042
CONCEPTUAL LAYOUT
1" = 60'
A-001
CG
OM
2/9/2022
THIS PROJECT CONSISTS
OF THE DESIGN AND
INSTALLATION OF
1.000MWac SOLAR
PHOTOVOLTAIC SYSTEM.
MODULES ARE TO BE
MOUNTED IN SINGLE AXIS
TRACKERS, WHICH FOLLOW
THE SUN FROM EAST TO
WEST THROUGHOUT THE
DAY OR MOUNTED AT A
FIXED TILT FACING SOUTH.
INTERCONNECTION TO BE
COORDINATED WITH THE
LOCAL UTILITY.
N
WASHINGTON COUNTY VICINITY MAP
SCALE: 1" = 4 MILES
GENERAL NOTES:
15'60'120'
1" = 60'
CEF LAKE ELMO COMMUNITY SOLAR, LLC 1.000MWAC -
CONCEPTUAL LAYOUT
1.PROPERTY BOUNDARIES DEVELOPED FROM GIS DATABASE.
2.NO FEMA HAZARD ZONES ARE PRESENT ON THE PARCEL ON WHICH THE PROJECT IS PROPOSED.
3.2FT CONTOURS SHOWN.
4.PROPOSED SITE ENTRANCE TO BE COORDINATED WITH WASHINGTON COUNTY ROAD AND BRIDGE
DEPARTMENT.
5.WETLAND LOCATION INDICATED IS THE RESULT OF GIS DATABASE.
6.THE PROJECT WILL COMPLY WITH ALL ZONING, CITY AND COUNTY REQUIREMENTS.
7.LOCATION OF ALL PROPOSED FACILITIES ARE SUBJECT TO CHANGE DUE TO PERMITTING CONSTRAINTS, SITE
CONDITIONS, EQUIPMENT SPECIFICATION AND UTILITY COORDINATION.
8.XCEL ENERGY SHALL BE GRANTED KEYLESS, UNESCORTED, 24/7 ACCESS TO THE METER AND UTILITY
DISCONNECT. GATE WIDTH SHALL BE A MINIMUM OF 12'.
PROPERTY LEGAL DESCRIPTION:
PRELI
MI
N
A
R
Y
NOT F
O
R
C
O
N
S
T
R
U
C
TI
O
N
DESIGN SUMMARY:
MODULE POWER:540W
MODULE COUNT:2,250
MOD/STRING:25
STRING COUNT:90
ARRAY DC VOLTAGE:1500V
INVERTER SIZE:100KW
INVERTER COUNT:10
TRACKER:ATI
DC CAPACITY:1.215MWdc
INVERTER CAPACITY:1.000MWac
DC/AC RATIO:1.215
GROUND COVERAGE RATIO:38.0%
CODE: ASCE 7-16
RISK CATEGORY: II
GROUND SNOW LOAD:50 PSF
WIND SPEED:108 MPH
APPLICANT INFORMATION:
ADDRESS: 2003 WESTERN AVE
SUITE #225
SEATTLE, WA 98121
PHONE: 206-900-9930
EMAIL: KATE@ONEENERGYRENEWABLES.COM
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 29 NORTH, RANGE
21 WEST, WASHINGTON COUNTY, MINNESTOA, LYING NORTH OF THE SOUTH 2105.5 FEET (AS MEASURED
ALONG THE EAST LINE) THEREOF. EXCEPTING THEREFROM THE NORTH 290.4 FEET OF THE EAST 750 FEET OF
THE WEST 850 FEET OF SAID EAST HALF OF THE NORTHEAST QUARTER, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY THEREOF AND SITUATE IN WASHINGTON COUNTY, MINNESOTA.
LEGEND
STRING INVERTER
WITH SINGLE DC
INPUT
SUN SHADE
CORRUGATED
METAL ROOF PANEL
AC CONDUITDC CONDUIT
9'-3" MAX
WARNING:High touch current .Earth connection essentialbefore connecting supply.iFor more detailsplease see the user manual.
CAUTION:RISK OF BURNING. DO NOT TOUCH!
CAUTION:DO NOT REMOVE COVER UNTIL 5 MINUTESAFTER DISCONNECTING ALL SOURCES OFSUPPLY.DANGER:BEFORE OPENING THE DEVICE, DISCONNECTFROM GRID AND THE PV GENERATOR. THEDEVICE MAY ONLY BE OPENED BY SERVICEPERSONNEL.WARNING:HAZARDOUS VOLTAGE AND ENERGY INSIDE,DISCHARGE BY SERVICE PERSONNEL BEFOREOPENING THE DEVICE. ELECTRIC SHOCKHAZARD. THE DC CONDUCTORS OF THISPHOTOVOLTAIC SYSTEM ARE UNGROUNDEDAND MAY BE ENERGIZED.CAUTION:RISK OF ELECTRIC SHOCK - BOTH AC AND DCVOLTAGE SOURCES ARE TERMINATED INSIDETHIS EQUIPMENT. EACH CIRCUIT MUST BEINDIVIDUALLY DISCONNECTED BEFORESERVICING AND WHEN THE PHOTOVOLTAICARRAY IS EXPOSED TO LIGHT, IT SUPPLIES ADC VOLTAGE TO THIS EQUIPMENT.WARNING - POWER FED FROMMORE THAN ONE SOURCE
5min
VERTICAL SUPPORT
STRUCTURES AND SUNSHADE
WOOD GATE POST
FOOTING DESIGN
PER FENCE
SUPPLIER
20'-0"
WOOD GATE POST
4"X4" 6 GA. GALVANIZED
WIRE MESH WELDED TO
FRAME7'-8" MINCHAIN LOCK
1'-6" MIN
9' MAX
ABOVE
GRADE
MOTOR/DAMPERS
TRACKER ROTATION
LIMIT 120°
72 CELL SOLAR
MODULE
1'-6" MIN MOTOR/DAMPERS
9' MAX
72 CELL SOLAR
MODULE
TRACKER
PILE
9'-3" MAX
ABOVE
GRADE
8'
9'-4"
40'40'
ABOVE
GRADE
ABOVE
GRADE
GRADE
6'6'
2'
DITCH1:1EDGE OF GRAVELEDGE OF GRAVEL4:1
1:
1
6:1
SLOPE TO
EXISTING
GROUND
MATCH
EXISTING
GROUND6" TOP COURSE - CLASS 5
COMPACTED SUBGRADE
2% SLOPE (TYP), MIN 1%2% SLOPE (TYP), MIN 1%
LOADBREAK SWITCH
OPERATING HANDLE
RECLOSER CONTROL
CABINET
FEEDER BREAKERS
MAIN BREAKER
WOODEN POWER POLE
WOODEN POWER POLE
15KV GROUP
OPERATED
DISCONNECT
15KV RECLOSER
6'6'
8'-8"
3'-8"
CONDUIT
SUPPORT STRUT
ABOVE
GRADE
STRING INVERTER
WITH SINGLE DC
INPUT
6" BASE COURSE
4'-4" MAX HEIGHT
AT MIDDAY CONCRETE PAD
40'
ABOVE
GRADE
PRODUCTION METER
CABINET
WOODEN POWER POLE
15KV METER
6'
10'-10" MAX
ABOVE
GRADE
CONCRETE PAD3' MIN
NCU ANTENNAWEATHER SENSOR
5'-3" ABOVE GRADE
7'
7'-3"UTILITY METER
OUTPUT
PROJECT
ADDRESS
DRAWING
TITLE:
SHEET NUMBER:
SCALE:
DRAWN BY:
CHECKED BY:
DATE:
REVISIONS:
WRITTEN DIMENSIONS ON THIS PLAN SHALL SUPERCEDE SCALED
DIMENSIONS. CONTRACTORS ARE RESPONSIBLE FOR FIELD
VERIFYING ALL DIMENSIONS. THIS DRAWING, DESIGN, CONCEPT
AND ARRANGEMENT REMAIN THE PROPERTY OF ONEENERGY
RENEWABLES AND SHALL NOT BE COPIED, DISCLOSED OR
REPRODUCED WITHOUT CONSENT.
DESCRIPTION
A B C D E F G H I J K
1
2
3
4
5
6
7
8
10
11
9
CEF LAKE ELMO COMMUNITY SOLAR, LLC
ONEENERGY DEVELOPMENT
10755 50TH ST N
LAKE ELMO MN 55042
ELEVATION DETAILS
1" = 4'
A-002
OM
10/1/2021
THIS PROJECT CONSISTS
OF THE DESIGN AND
INSTALLATION OF
1.000MWac SOLAR
PHOTOVOLTAIC SYSTEM.
MODULES ARE TO BE
MOUNTED IN SINGLE AXIS
TRACKERS, WHICH FOLLOW
THE SUN FROM EAST TO
WEST THROUGHOUT THE
DAY OR MOUNTED AT A
FIXED TILT FACING SOUTH.
INTERCONNECTION TO BE
COORDINATED WITH THE
LOCAL UTILITY.
935 9359319319319329329
3
2 9329329339339
3
3
9
3
3933
93
4 934936
12'
MINDRAINAGE DITCH932.49
932.46
932.05
932.05
932.09
932.25
932.47 932.63
MA 933.24±MA 933.44±
932.24
932.40
9309309319319329339349
3
2
930
931932932932
9
3
2
933
933-1.3%0.6%
-2.0%
-1.0%
932.97933.11
932.52-4.3%-1.1%XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXX X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXPARCEL
BOUNDARY
50TH STREET N.LAKE ELMO AVENUE N.EXISTING
OVERHEAD UTILITY
LINES TO REMAIN
EXISTING
WETLAND
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
TYPICAL
TRACKER
PROPOSED SNOW FENCE
EXISTING
WETLAND
A A'
PROPOSED
ACCESS GATE
EXISTING TREE TO BE
PROTECTED, TYP. REFER TO
TREE SURVEY, SHEET L-2.0
R.O.W.
25' WETLAND
SETBACK LINE
25' SETBACK
30' SETBACK
50' SETBACK
CITY OF LAKE ELMO CODE REQUIREMENTS
DESCRIPTION CODE REQUIRED PROPOSED EXISTING UNIT
STREET FRONTAGE 1092 LINEAR FEET
LAKE SHORE 0 LINEAR FEET
STREAM FRONTAGE 0 LINEAR FEET
TOTAL LINEAR FEET 1092 LINEAR FEET
/50 FEET = REQUIRED
FRONTAGE TREES 22 22 TREES
DEVELOPMENT OR
DISTURBED AREA 5 ACRES
x5 = REQUIRED
DEVELOPMENT TREES 28 17 TREES
INTERIOR PARKING LOT
SPACES 0 SPACES
/10 = REQUIRED PARKING
LOT TREES 0 0 TREES
PERIMETER PARKING
LOT FRONTAGE LENGTH 0 LINEAR FEET
/50 = REQUIRED
FRONTAGE STRIP TREES 0 0 TREES
REQUIRED
MITIGATION TREES 0 0 TREES
REQUIRED NUMBER
OF TREES 50 39 TREES
SUBTOTAL TREES 39 11 TREES
TOTAL TREES
(PROVIDED +
PRESERVED EXISTING)50 TREES
PLANTING LEGEND
SHADE & ORNAMENTAL TREES
SYMBOL KEY PLANT NAME QTY.SIZE SPACING GROWTH RATE
AC White Fir
Abies concolor*12 6' B&B As shown on plans Moderate
(approx. 12-24" per year)
LL Tamarack Larch
Larix laricina*11 2.5" caliper
measured 6" from base As shown on plans Rapid
(approx. 36" per year)
PA Norway Spruce
Picea abies*16 6' B&B As shown on plans Rapid
(approx. 36" per year)
SHRUBS
SYMBOL KEY PLANT NAME QTY.SIZE SPACING GROWTH RATE
BM Wintergreen Boxwood
Buxus microphylla 'Wintergreen' *336 5 gallon 3'-0" o.c.Slow
(approx. 3" per year)
CS Isanti Dogwood
Cornus sericea 'Isanti' *67 5 gallon 5'-0" o.c.Rapid
(approx. 24" per year)
FN Northern Sun Forsythia
Forsythia x 'Northern Sun' *18 5 gallon 6'-0" o.c.Rapid
(approx. 24" per year)
TO Holmstrup Arborvitae
Thuja occidentalis 'Holmstrup' *251 5 gallon 3'-0" o.c.Slow
(approx 8"-12" per year)
VD Blue Muffin Arrowwood Viburnum
Viburnum dentatum 'Christom' *202 5 gallon 4'-6" o.c Rapid
(approx. 24" per year)
GROUNDCOVERS
SYMBOL KEY PLANT NAME QTY.TYPE
Pollinator Seed Mix (Dry to Mesic)
Available through Minnesota Native Landscapes 306,143 sf Seed
Pollinator Seed Mix (Wet Mesic)
Available through Minnesota Native Landscapes 4,497 sf Seed
Sedge Meadow Seed Mix
Available through Minnesota Native Landscapes 7,354 sf Seed
Stormwater Basin Seed Mix
Available through Minnesota Native Landscapes 8,551 sf Seed
NOTES
* TREE AND SHRUB SPECIES IS DEPENDENT ON AVAILABILITY. IF CONTRACTOR IS UNABLE TO PROCURE REQUIRED PLANT MATERIAL, ALTERNATIVE
SPECIES MUST BE SUBMITTED AND APPROVED BY CITY OF LAKE ELMO AND OWNER'S AUTHORIZED REPRESENTATIVE.
PLANTING NOTES:
1. THE PROPOSED SCREENING CONSISTS OF 2,612 LINEAR FEET OF SPECIFIED PLANT MATERIAL.
2. ALL LANDSCAPE PLANS AND INSTALLATIONS SHALL COMPLY WITH THE CITY OF LAKE ELMO
DESIGN GUIDELINES, CODES AND REGULATIONS.
3. PLANTING MATERIAL SHALL MEET NURSERY STANDARD CROWN WIDTH AND HEIGHT FOR THE
SPECIFIED CONTAINER SIZE (REFER TO ANSI Z60.1-2014 OR MOST CURRENT VERSION).
4. PLANTS TO BE INSTALLED PER MNLA & ANSI STANDARD PLANTING PRACTICES.
5. BACKFILL SOIL AND TOPSOIL TO BE EXISTING TOP SOIL FROM SITE FREE OF ROOTS, ROCKS
LARGER THAN ONE INCH, SUBSOIL DEBRIS, AND LARGE WEEDS UNLESS SPECIFIED OTHERWISE.
6. PRUNE PLANTS AS NECESSARY - PER STANDARD NURSERY PRACTICE AND TO CORRECT POOR
BRANCHING OF EXISTING AND PROPOSED TREES.
7. ALL SHRUB AREAS SHALL BE TOP DRESSED WITH A 3" DEEP LAYER OF COMPOSTED WOOD
FIBER MULCH. MULCH TO BE SHREDDED HARDWOOD AND FREE OF DELETERIOUS MATERIAL.
8. LANDSCAPE AREAS SHALL BE PERMANENTLY MAINTAINED BY THE PROJECT.
PROJECT
ADDRESS
DRAWING
TITLE:
SHEET NUMBER:
SCALE:
DRAWN BY:
CHECKED BY:
DATE:
REVISIONS:
WRITTEN DIMENSIONS ON THIS PLAN SHALL SUPERCEDE SCALED
DIMENSIONS. CONTRACTORS ARE RESPONSIBLE FOR FIELD
VERIFYING ALL DIMENSIONS. THIS DRAWING, DESIGN, CONCEPT
AND ARRANGEMENT REMAIN THE PROPERTY OF ONEENERGY
RENEWABLES AND SHALL NOT BE COPIED, DISCLOSED OR
REPRODUCED WITHOUT CONSENT.
DESCRIPTION
LEGEND
A B C D E F G H I J K
1
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3
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5
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8
10
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9
REVISION LOG:
CEF LAKE ELMO
COMMUNITY SOLAR, LLC.
10755 50TH ST. N.
LAKE ELMO, MN 55042
AES
03/08/2022
THIS PROJECT CONSISTS
OF THE DESIGN AND
INSTALLATION OF
1.000MWac SOLAR
PHOTOVOLTAIC SYSTEM.
MODULES ARE TO BE
MOUNTED IN SINGLE AXIS
TRACKERS, WHICH FOLLOW
THE SUN FROM EAST TO
WEST THROUGHOUT THE
DAY OR MOUNTED AT A
FIXED TILT FACING SOUTH.
INTERCONNECTION TO BE
COORDINATED WITH THE
LOCAL UTILITY.
JRS
0' 15' 30' 60' 90'
SCALE: 1" = 30'
NMATCHLINEREFER TO SHEET L-1.11"=30'
L-1.0
PLANTING PLAN
930 930935
935940
94
0
92
8 9289
2
9 92993
1 9319
3
2
933
934
936
93693793
793893
893993
9
941
94
1
9
4
1
94
2
942
94
2942
943
94
3
DRAINAGE DITCH
932.45
MA 930.00±
929.00
929.85
EOF 931.00
MA 929.98±
933
934
932 931 930
930
931 930
929
931
931 931XXXXXXX X XX X XX X XX X X X X X X X X X X X X X X X X X X X X X X X X X X
XXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X XXXXX XXXXXXX X XXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX50TH STREET N.
50' PARCEL SETBACK
PROPOSED FENCE PER
CIVIL ENGINEER'S PLANSPARCEL
BOUNDARY
EXISTING OVERHEAD
UTILITY LINES TO REMAIN
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
TYPICAL
TRACKER
PROPOSED SNOW FENCE, TYP. PROTECTIVE
MEASURES PER LAKE ELMO MUNICIPAL CODE
(105.12.470) SHALL BE TAKEN TO PROTECT ALL
EXISTING TREES DURING CONSTRUCTION
B
B'
EXISTING VEGETATION PROVIDES 90% OPAQUE
VISUAL SCREEN FROM ADJACENT PROPERTY
DRAINAGE DITCH PER
CIVIL ENGINEER'S PLANS
EXISTING WETLAND
EXISTING TREE TO BE PROTECTED, TYP.
REFER TO TREE SURVEY, SHEET L-2.0
MINIMUM GRADING ACTIVITY ON ACCESS
ROAD FOR STORMWATER QUALITY POND,
REFER TO CIVIL ENGINEER'S PLANS
TREE #158, CLASSIFICATION: NOT SIGNIFICANT; TO
BE REMOVED DUE TO PROPOSED DEVELOPMENT.
REFER TO TREE SURVEY, SHEET L-2.0
50' SETBACK
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
CITY OF LAKE ELMO CODE REQUIREMENTS
DESCRIPTION CODE REQUIRED PROPOSED EXISTING UNIT
STREET FRONTAGE 1092 LINEAR FEET
LAKE SHORE 0 LINEAR FEET
STREAM FRONTAGE 0 LINEAR FEET
TOTAL LINEAR FEET 1092 LINEAR FEET
/50 FEET = REQUIRED
FRONTAGE TREES 22 22 TREES
DEVELOPMENT OR
DISTURBED AREA 5 ACRES
x5 = REQUIRED
DEVELOPMENT TREES 28 17 TREES
INTERIOR PARKING LOT
SPACES 0 SPACES
/10 = REQUIRED PARKING
LOT TREES 0 0 TREES
PERIMETER PARKING
LOT FRONTAGE LENGTH 0 LINEAR FEET
/50 = REQUIRED
FRONTAGE STRIP TREES 0 0 TREES
REQUIRED
MITIGATION TREES 0 0 TREES
REQUIRED NUMBER
OF TREES 50 39 TREES
SUBTOTAL TREES 39 11 TREES
TOTAL TREES
(PROVIDED +
PRESERVED EXISTING)50 TREES
PLANTING LEGEND
SHADE & ORNAMENTAL TREES
SYMBOL KEY PLANT NAME QTY.SIZE SPACING GROWTH RATE
AC White Fir
Abies concolor*12 6' B&B As shown on plans Moderate
(approx. 12-24" per year)
LL Tamarack Larch
Larix laricina*11 2.5" caliper
measured 6" from base As shown on plans Rapid
(approx. 36" per year)
PA Norway Spruce
Picea abies*16 6' B&B As shown on plans Rapid
(approx. 36" per year)
SHRUBS
SYMBOL KEY PLANT NAME QTY.SIZE SPACING GROWTH RATE
BM Wintergreen Boxwood
Buxus microphylla 'Wintergreen' *336 5 gallon 3'-0" o.c.Slow
(approx. 3" per year)
CS Isanti Dogwood
Cornus sericea 'Isanti' *67 5 gallon 5'-0" o.c.Rapid
(approx. 24" per year)
FN Northern Sun Forsythia
Forsythia x 'Northern Sun' *18 5 gallon 6'-0" o.c.Rapid
(approx. 24" per year)
TO Holmstrup Arborvitae
Thuja occidentalis 'Holmstrup' *251 5 gallon 3'-0" o.c.Slow
(approx 8"-12" per year)
VD Blue Muffin Arrowwood Viburnum
Viburnum dentatum 'Christom' *202 5 gallon 4'-6" o.c Rapid
(approx. 24" per year)
GROUNDCOVERS
SYMBOL KEY PLANT NAME QTY.TYPE
Pollinator Seed Mix (Dry to Mesic)
Available through Minnesota Native Landscapes 306,143 sf Seed
Pollinator Seed Mix (Wet Mesic)
Available through Minnesota Native Landscapes 4,497 sf Seed
Sedge Meadow Seed Mix
Available through Minnesota Native Landscapes 7,354 sf Seed
Stormwater Basin Seed Mix
Available through Minnesota Native Landscapes 8,551 sf Seed
NOTES
* TREE AND SHRUB SPECIES IS DEPENDENT ON AVAILABILITY. IF CONTRACTOR IS UNABLE TO PROCURE REQUIRED PLANT MATERIAL, ALTERNATIVE
SPECIES MUST BE SUBMITTED AND APPROVED BY CITY OF LAKE ELMO AND OWNER'S AUTHORIZED REPRESENTATIVE.
PLANTING NOTES:
1. THE PROPOSED SCREENING CONSISTS OF 2,612 LINEAR FEET OF SPECIFIED PLANT MATERIAL.
2. ALL LANDSCAPE PLANS AND INSTALLATIONS SHALL COMPLY WITH THE CITY OF LAKE ELMO
DESIGN GUIDELINES, CODES AND REGULATIONS.
3. PLANTING MATERIAL SHALL MEET NURSERY STANDARD CROWN WIDTH AND HEIGHT FOR THE
SPECIFIED CONTAINER SIZE (REFER TO ANSI Z60.1-2014 OR MOST CURRENT VERSION).
4. PLANTS TO BE INSTALLED PER MNLA & ANSI STANDARD PLANTING PRACTICES.
5. BACKFILL SOIL AND TOPSOIL TO BE EXISTING TOP SOIL FROM SITE FREE OF ROOTS, ROCKS
LARGER THAN ONE INCH, SUBSOIL DEBRIS, AND LARGE WEEDS UNLESS SPECIFIED OTHERWISE.
6. PRUNE PLANTS AS NECESSARY - PER STANDARD NURSERY PRACTICE AND TO CORRECT POOR
BRANCHING OF EXISTING AND PROPOSED TREES.
7. ALL SHRUB AREAS SHALL BE TOP DRESSED WITH A 3" DEEP LAYER OF COMPOSTED WOOD
FIBER MULCH. MULCH TO BE SHREDDED HARDWOOD AND FREE OF DELETERIOUS MATERIAL.
8. LANDSCAPE AREAS SHALL BE PERMANENTLY MAINTAINED BY THE PROJECT.
PROJECT
ADDRESS
DRAWING
TITLE:
SHEET NUMBER:
SCALE:
DRAWN BY:
CHECKED BY:
DATE:
REVISIONS:
WRITTEN DIMENSIONS ON THIS PLAN SHALL SUPERCEDE SCALED
DIMENSIONS. CONTRACTORS ARE RESPONSIBLE FOR FIELD
VERIFYING ALL DIMENSIONS. THIS DRAWING, DESIGN, CONCEPT
AND ARRANGEMENT REMAIN THE PROPERTY OF ONEENERGY
RENEWABLES AND SHALL NOT BE COPIED, DISCLOSED OR
REPRODUCED WITHOUT CONSENT.
DESCRIPTION
LEGEND
A B C D E F G H I J K
1
2
3
4
5
6
7
8
10
11
9
REVISION LOG:
CEF LAKE ELMO
COMMUNITY SOLAR, LLC.
10755 50TH ST. N.
LAKE ELMO, MN 55042
AES
03/08/2022
THIS PROJECT CONSISTS
OF THE DESIGN AND
INSTALLATION OF
1.000MWac SOLAR
PHOTOVOLTAIC SYSTEM.
MODULES ARE TO BE
MOUNTED IN SINGLE AXIS
TRACKERS, WHICH FOLLOW
THE SUN FROM EAST TO
WEST THROUGHOUT THE
DAY OR MOUNTED AT A
FIXED TILT FACING SOUTH.
INTERCONNECTION TO BE
COORDINATED WITH THE
LOCAL UTILITY.
JRS
0' 15' 30' 60' 90'
SCALE: 1" = 30'
NMATCHLINEREFER TO SHEET L-1.2MATCHLINEREFER TO SHEET L-1.01"=30'
L-1.1
PLANTING PLAN
945 9459509
5
0
942
942942943 943944 944946
94
6
9479479489
4
8
9499
4
9
9519
5
1
95295
2
95395
3
954
9
5
4
XXXXXXXXXXX
X
XXXXXXX X X X X XXXXXXXXXXXXXXXXXDRAINAGE DITCH
50TH STREET N.
50' PARCEL SETBACK
PROPOSED FENCE PER
CIVIL ENGINEER'S PLANS
PARCEL
BOUNDARY
EXISTING OVERHEAD
UTILITY LINES TO REMAIN
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
TYPICAL
TRACKER
PROPOSED SNOW FENCE, TYP.
PROTECTIVE MEASURES PER
LAKE ELMO MUNICIPAL CODE
(105.12.470) SHALL BE TAKEN TO
PROTECT ALL EXISTING TREES
DURING CONSTRUCTION
DRAINAGE DITCH PER
CIVIL ENGINEER'S PLANS
EXISTING TREE TO BE
PROTECTED, TYP. REFER TO
TREE SURVEY, SHEET L-2.0
50' SETBACK
CITY OF LAKE ELMO CODE REQUIREMENTS
DESCRIPTION CODE REQUIRED PROPOSED EXISTING UNIT
STREET FRONTAGE 1092 LINEAR FEET
LAKE SHORE 0 LINEAR FEET
STREAM FRONTAGE 0 LINEAR FEET
TOTAL LINEAR FEET 1092 LINEAR FEET
/50 FEET = REQUIRED
FRONTAGE TREES 22 22 TREES
DEVELOPMENT OR
DISTURBED AREA 5 ACRES
x5 = REQUIRED
DEVELOPMENT TREES 28 17 TREES
INTERIOR PARKING LOT
SPACES 0 SPACES
/10 = REQUIRED PARKING
LOT TREES 0 0 TREES
PERIMETER PARKING
LOT FRONTAGE LENGTH 0 LINEAR FEET
/50 = REQUIRED
FRONTAGE STRIP TREES 0 0 TREES
REQUIRED
MITIGATION TREES 0 0 TREES
REQUIRED NUMBER
OF TREES 50 39 TREES
SUBTOTAL TREES 39 11 TREES
TOTAL TREES
(PROVIDED +
PRESERVED EXISTING)50 TREES
PLANTING LEGEND
SHADE & ORNAMENTAL TREES
SYMBOL KEY PLANT NAME QTY.SIZE SPACING GROWTH RATE
AC White Fir
Abies concolor*12 6' B&B As shown on plans Moderate
(approx. 12-24" per year)
LL Tamarack Larch
Larix laricina*11 2.5" caliper
measured 6" from base As shown on plans Rapid
(approx. 36" per year)
PA Norway Spruce
Picea abies*16 6' B&B As shown on plans Rapid
(approx. 36" per year)
SHRUBS
SYMBOL KEY PLANT NAME QTY.SIZE SPACING GROWTH RATE
BM Wintergreen Boxwood
Buxus microphylla 'Wintergreen' *336 5 gallon 3'-0" o.c.Slow
(approx. 3" per year)
CS Isanti Dogwood
Cornus sericea 'Isanti' *67 5 gallon 5'-0" o.c.Rapid
(approx. 24" per year)
FN Northern Sun Forsythia
Forsythia x 'Northern Sun' *18 5 gallon 6'-0" o.c.Rapid
(approx. 24" per year)
TO Holmstrup Arborvitae
Thuja occidentalis 'Holmstrup' *251 5 gallon 3'-0" o.c.Slow
(approx 8"-12" per year)
VD Blue Muffin Arrowwood Viburnum
Viburnum dentatum 'Christom' *202 5 gallon 4'-6" o.c Rapid
(approx. 24" per year)
GROUNDCOVERS
SYMBOL KEY PLANT NAME QTY.TYPE
Pollinator Seed Mix (Dry to Mesic)
Available through Minnesota Native Landscapes 306,143 sf Seed
Pollinator Seed Mix (Wet Mesic)
Available through Minnesota Native Landscapes 4,497 sf Seed
Sedge Meadow Seed Mix
Available through Minnesota Native Landscapes 7,354 sf Seed
Stormwater Basin Seed Mix
Available through Minnesota Native Landscapes 8,551 sf Seed
NOTES
* TREE AND SHRUB SPECIES IS DEPENDENT ON AVAILABILITY. IF CONTRACTOR IS UNABLE TO PROCURE REQUIRED PLANT MATERIAL, ALTERNATIVE
SPECIES MUST BE SUBMITTED AND APPROVED BY CITY OF LAKE ELMO AND OWNER'S AUTHORIZED REPRESENTATIVE.
PLANTING NOTES:
1. THE PROPOSED SCREENING CONSISTS OF 2,612 LINEAR FEET OF SPECIFIED PLANT MATERIAL.
2. ALL LANDSCAPE PLANS AND INSTALLATIONS SHALL COMPLY WITH THE CITY OF LAKE ELMO
DESIGN GUIDELINES, CODES AND REGULATIONS.
3. PLANTING MATERIAL SHALL MEET NURSERY STANDARD CROWN WIDTH AND HEIGHT FOR THE
SPECIFIED CONTAINER SIZE (REFER TO ANSI Z60.1-2014 OR MOST CURRENT VERSION).
4. PLANTS TO BE INSTALLED PER MNLA & ANSI STANDARD PLANTING PRACTICES.
5. BACKFILL SOIL AND TOPSOIL TO BE EXISTING TOP SOIL FROM SITE FREE OF ROOTS, ROCKS
LARGER THAN ONE INCH, SUBSOIL DEBRIS, AND LARGE WEEDS UNLESS SPECIFIED OTHERWISE.
6. PRUNE PLANTS AS NECESSARY - PER STANDARD NURSERY PRACTICE AND TO CORRECT POOR
BRANCHING OF EXISTING AND PROPOSED TREES.
7. ALL SHRUB AREAS SHALL BE TOP DRESSED WITH A 3" DEEP LAYER OF COMPOSTED WOOD
FIBER MULCH. MULCH TO BE SHREDDED HARDWOOD AND FREE OF DELETERIOUS MATERIAL.
8. LANDSCAPE AREAS SHALL BE PERMANENTLY MAINTAINED BY THE PROJECT.
PROJECT
ADDRESS
DRAWING
TITLE:
SHEET NUMBER:
SCALE:
DRAWN BY:
CHECKED BY:
DATE:
REVISIONS:
WRITTEN DIMENSIONS ON THIS PLAN SHALL SUPERCEDE SCALED
DIMENSIONS. CONTRACTORS ARE RESPONSIBLE FOR FIELD
VERIFYING ALL DIMENSIONS. THIS DRAWING, DESIGN, CONCEPT
AND ARRANGEMENT REMAIN THE PROPERTY OF ONEENERGY
RENEWABLES AND SHALL NOT BE COPIED, DISCLOSED OR
REPRODUCED WITHOUT CONSENT.
DESCRIPTION
LEGEND
A B C D E F G H I J K
1
2
3
4
5
6
7
8
10
11
9
REVISION LOG:
CEF LAKE ELMO
COMMUNITY SOLAR, LLC.
10755 50TH ST. N.
LAKE ELMO, MN 55042
AES
03/08/2022
THIS PROJECT CONSISTS
OF THE DESIGN AND
INSTALLATION OF
1.000MWac SOLAR
PHOTOVOLTAIC SYSTEM.
MODULES ARE TO BE
MOUNTED IN SINGLE AXIS
TRACKERS, WHICH FOLLOW
THE SUN FROM EAST TO
WEST THROUGHOUT THE
DAY OR MOUNTED AT A
FIXED TILT FACING SOUTH.
INTERCONNECTION TO BE
COORDINATED WITH THE
LOCAL UTILITY.
JRS
0' 15' 30' 60' 90'
SCALE: 1" = 30'
NMATCHLINEREFER TO SHEET L-1.11"=30'
L-1.2
PLANTING PLAN
PROJECT
ADDRESS
DRAWING
TITLE:
SHEET NUMBER:
SCALE:
DRAWN BY:
CHECKED BY:
DATE:
REVISIONS:
WRITTEN DIMENSIONS ON THIS PLAN SHALL SUPERCEDE SCALED
DIMENSIONS. CONTRACTORS ARE RESPONSIBLE FOR FIELD
VERIFYING ALL DIMENSIONS. THIS DRAWING, DESIGN, CONCEPT
AND ARRANGEMENT REMAIN THE PROPERTY OF ONEENERGY
RENEWABLES AND SHALL NOT BE COPIED, DISCLOSED OR
REPRODUCED WITHOUT CONSENT.
DESCRIPTION
LEGEND
A B C D E F G H I J K
1
2
3
4
5
6
7
8
10
11
9
REVISION LOG:
CEF LAKE ELMO
COMMUNITY SOLAR, LLC.
10755 50TH ST. N.
LAKE ELMO, MN 55042
AES
03/08/2022
THIS PROJECT CONSISTS
OF THE DESIGN AND
INSTALLATION OF
1.000MWac SOLAR
PHOTOVOLTAIC SYSTEM.
MODULES ARE TO BE
MOUNTED IN SINGLE AXIS
TRACKERS, WHICH FOLLOW
THE SUN FROM EAST TO
WEST THROUGHOUT THE
DAY OR MOUNTED AT A
FIXED TILT FACING SOUTH.
INTERCONNECTION TO BE
COORDINATED WITH THE
LOCAL UTILITY.
JRS
L-1.3
PLANTING DETAILS
SHRUB PLANTING
2X WIDTH OF
ROOTBALL MIN.
POSITIVE DRAINAGE AWAY FROM
BASE OF PLANT, TYP.
FINISH GRADE (F.G.)
LOOSEN ROOTS BEFORE PLANTING,
WATER AFTER PLANTING
SCARIFY SIDES AND BOTTOM
NATIVE SOIL
ROOTBALL COLLAR SHALL BE 1"
ABOVE F.G.
1-1/2" DEPTH TEMPORARY WATER
RETENTION BASIN. FORM FROM
SHRUB PIT EXCAVATION
18"MIN.PREPARED BACKFILL,
PER SPECIFICATIONS
CONTROLLED RELEASE
FERTILIZER PER SPECIFICATIONS
NOTES
1.AVOID PLANTING SHRUBS DIRECTLY IN FRONT OF IRRIGATION SPRAY HEADS.
PROVIDE CLEARANCE WHEN POSSIBLE.
2.MULCH 3" LAYER MIN. MAINTAIN 6" DIAMETER AROUND ROOT COLLAR.
TREE PLANTING 6"3X SIZE OF ROOTBALL MIN.
SOIL BACKFILL PER
PLANS AND SPECS
3' MIN. 4' MAX.SCARIFY SIDES AND
BOTTOM OF TREE PIT
COMPACT NATIVE SOIL
BELOW ROOTBALL
(2) 2" x 10' LODGE
POLES TO BE
INSTALLED AT SAME
HEIGHT
TOP OF LODGE POLES
TO BE LEVEL WITH
BASE OF LOWEST
BRANCH
8" +/-
TREE TRUNK
RUBBER HOSE
10 GA. GALV. WIRES
LODGE POLE DETAIL
(PLAN VIEW)
LODGE POLE STAKE TYP.
1/2" 2-PLY BLACK RUBBER
HOSE WITH 10 GA GALV.
WIRES TO MAIN TRUNK.
3"
3" TEMPORARY WATER
RETENTION BASIN,
MAINTAIN FOR 6 WEEKS
MAINTAIN 6" DIA.
BARE SOIL AROUND
TRUNK OF TREE
ROOTBALL
MULCH, 3" LAYER MIN.
2'-6"
TYP.
POSITIVE DRAINAGE
AWAY FROM BASE OF
TREE, TYP.
CONTROLLED
RELEASE FERTILIZER
PER SPECIFICATIONS
VEGETATIVE SCREENING CROSS SECTION A-A'
NOTES
1.REFER TO SHEET L-1.0 FOR SECTION CUT LINE AND PLANTING LEGEND
A
A'
WINTERGREEN BOXWOOD
BUXUS MICROPHYLLA 'WINTERGREEN'
3' HT. AT MATURE SIZE
BLUE MUFFIN ARROWWOOD VIBURNUM
VIBURNUM DENTATUM 'CHRISTOM'
6'-7' HT. AT MATURE SIZE
LAKE ELMO AVENUE
SOLAR
TRACKER
PANELS
REQUIRED
90% OPAQUE
FENCE AND
VEGETATIVE
SCREENING
POLLINATOR
SEED MIX
SCALE: 3/16" = 1'-0"
EXISTING ROADSIDE
VEGETATION TO REMAIN
9' HT. MAX1'-6"
MIN.
4'-4" MAX HT.
AT MID-DAY
R.O.W.
8' HT. WOOD FENCE
WITH WIRE MESH
1
2
3
4
SCALE: 1/8" = 1'-0"VEGETATIVE SCREENING CROSS SECTION B-B'
NOTES
A.REFER TO SHEET L-1.1 FOR SECTION
CUT LINE AND PLANTING LEGEND
B B'
NORWAY SPRUCE, PICEA ABIES
40-60' HT. AT MATURE SIZE
REQUIRED 90% OPAQUE
FENCE AND VEGETATIVE
SCREENING
8' HT. WOOD FENCE WITH WIRE MESH
POLLINATOR SEED MIX
PARCEL BOUNDARY
SOLAR
TRACKER
PANELS
9' HT. MAX
1'-6"
MIN.
4'-4" MAX HT.
AT MID-DAY
WHITE FIR, ABIES CONCOLOR
30-50' HT. AT MATURE SIZE
930 930935
935
935 93594094
0
945 9459509
5
0
92
8 9289
2
9 92993
1 93193193193
2 9329329
3
2 932932933933933
9
3
3
9
3
3933
934
93
4 934936
936
93693793
793893
893993
9
94
1
9
4
1
942
94294
2942
943
943
94
3943944944946
94
6
9479479489
4
8
9499
4
9
95195
1
95295
2
95395
3
954
9
5
4
XXXXXXXXXXXXX X X X XXXXXXXXXXXX12'
MINDRAINAGE DITCHDRAINAGE DITCH
932.45
MA 930.00±
929.00
929.85
EOF 931.00
MA 929.98±
932.49
932.46
932.05
932.05
932.09
932.25
932.47 932.63
MA 933.24±MA 933.44±
932.24
932.40
933
934
932 931 930
930
931 930929
931
931 9309309319319329339349
3
2
930
931932932932
93
2
933
933-1.3%0.6%
-2.0%
-1.0%
932.97933.11
932.52-4.3%-1.1%XXXXX X X X X XX X X X X X X X X X X X X X X X X X X X X X
XXXXXXXXX X X X X X X X X X X X X X X X XXXXXXXXX X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXX X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX50TH STREET N.
197-NS
196-NS
194-NS
193-NS
N/A-I
195-NS
N/A-I
192-NS
197-NS
191-N
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
189-NS
190-N
N/A-I
188-S
N/A-I
N/A-I
N/A-I
187-S
163-S
200-S
186-NS
160-S
159-S
185-S
184-S
186-NS
181-NS
182-S
180-S
179-S
178-N
174-N
173-NS
172-NS
175-NS
176-S
177-NS
171-S
170-NS
169-NS
168-N
167-S
166-NS
165-NS
164-S
162-NS
157-NS
155-NS
154-S
151-NS
N/A-I
152-NS
153-NS
150-S
149-S
148-NS
147-S
146-S
N/A-I
158-NS
PROPOSED SNOW FENCE, TYP. PROTECTIVE MEASURES PER
LAKE ELMO MUNICIPAL CODE (105.12.470) SHALL BE TAKEN
TO PROTECT ALL EXISTING TREES DURING CONSTRUCTION
50' PARCEL
SETBACK
PARCEL
BOUNDARY
TYPICAL
TRACKER
DRAINAGE DITCH PER
CIVIL ENGINEER'S PLANS
PROPOSED FENCE PER
CIVIL ENGINEER'S PLANS
PROPOSED
ACCESS GATE
EXISTING OVERHEAD
UTILITY LINES TO REMAIN
PARCEL
BOUNDARY
50' PARCEL
SETBACK
EXISTING
WETLAND
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
ADJACENT RURAL
RESIDENTIAL
ZONED PROPERTY
EXISTING
WETLAND LAKE ELMO AVENUE N.NO GRADING ACTIVITY SHALL TAKE PLACE WITHIN
THE CRITICAL ROOT ZONE OF SIGNIFICANT TREES
MINIMUM GRADING ACTIVITY ON ACCESS
ROAD FOR STORMWATER QUALITY POND,
REFER TO CIVIL ENGINEER'S PLANS
R.O.W.
25'
WETLAND
SETBACK
LINE
25'
SETBACK
PROPOSED SNOW FENCE, TYP.
CEF LAKE ELMO SOLAR TREE SURVEY
TREE TAG SPECIES CLASSIFICATION CALIPER SIZE
(INCHES)
146 WILLOW COMMON
SIGNIFICANT 20.6
147 POPLAR
COMMON
SPECIMEN 37.9
148 WILLOW COMMON
NOT SIGNIFICANT 10.1
149 ASH COMMON
SIGNIFICANT 16.9
150 WILLOW COMMON
SIGNIFICANT 13.6
151 ASH COMMON
NOT SIGNIFICANT 9
152 ASH COMMON
NOT SIGNIFICANT 7
153 ASH COMMON
NOT SIGNIFICANT 9.4
154 WILLOW COMMON
SIGNIFICANT 15.4, 15.1
155 ASH COMMON
NOT SIGNIFICANT 8.1
157 WILLOW COMMON
NOT SIGNIFICANT 6.9
158 ELM COMMON
NOT SIGNIFICANT 7.7
159 ASH COMMON
SIGNIFICANT 26.1
160 OAK NOT COMMON
SIGNIFICANT 15.9, 16.4
162 ASH COMMON
NOT SIGNIFICANT 11
163 OAK NOT COMMON
SIGNIFICANT 10.4, 15.7
164 WILLOW COMMON
SIGNIFICANT 23.3
165 ASH COMMON
NOT SIGNIFICANT 11.2, 9.2
166 ASH COMMON
NOT SIGNIFICANT 6.1
167 ASH COMMON
SIGNIFICANT 10.3, 12.2
168 COTTONWOOD NOT COMMON
NUISANCE & SPECIMEN 34.1
169 WILLOW COMMON
NOT SIGNIFICANT 9.3
170 ASH COMMON
NOT SIGNIFICANT 11.1
171 WILLOW COMMON
SIGNIFICANT 14.2
172 ASH COMMON
NOT SIGNIFICANT 9.5
173 ASH COMMON
NOT SIGNIFICANT 6.5
174 COTTONWOOD NOT COMMON
NUISANCE & SPECIMEN 27.8
175 ASH COMMON
NOT SIGNIFICANT 7.5
176 ASH COMMON
SIGNIFICANT 14.5
177 ASH COMMON
NOT SIGNIFICANT 8.9, 6.2
178 COTTONWOOD NOT COMMON
NUISANCE & SPECIMEN 27.5
179 WILLOW COMMON
SIGNIFICANT 15.4, 19.0
180 ASH COMMON
SIGNIFICANT 9.3, 7.8, 9.8, 12.1
181 ASH COMMON
NOT SIGNIFICANT 8.5, 7.3
182 WILLOW COMMON
SIGNIFICANT 12.3, 14.2
183 ASH COMMON
NOT SIGNIFICANT 7.7
184 ASH COMMON
SIGNIFICANT 14.4, 15.5
185 ASH COMMON
SIGNIFICANT 20.2, 9.1
186 ASH COMMON
NOT SIGNIFICANT 9.8
187 ASH COMMON
SIGNIFICANT 15.3
188 ASH COMMON
SIGNIFICANT 13.9
189 ASH COMMON
NOT SIGNIFICANT 6.1
190 COTTONWOOD NOT COMMON
NUISANCE & SPECIMEN 29
191 COTTONWOOD NOT COMMON
NUISANCE & SPECIMEN 20
192 ASH COMMON
NOT SIGNIFICANT 6.1
193 ASH COMMON
NOT SIGNIFICANT 9.1
194 ASH COMMON
NOT SIGNIFICANT 8.5
195 ASH COMMON
NOT SIGNIFICANT 8.3
196 ASH COMMON
NOT SIGNIFICANT 9.3
197 ASH COMMON
NOT SIGNIFICANT 9.4
200 WILLOW COMMON
SIGNIFICANT 16.1
146 - S
CLASSIFICATION
TREE TAG NUMBER
TREE IDENTIFICATION KEY
CLASSIFICATION KEY
S: SIGNIFICANT TREENS: NOT SIGNIFICANTN: NUISANCEN/A-I: NOT APPLICABLE &
INCONSEQUENTIAL TO CITY CODE
ARTICLE VIII, SECTION 154.257
TREE SURVEY LEGEND
SIGNIFICANT/SPECIMEN TREE
(CRZ RADIUS DEPICTED)
COMMON TREE/ INCONSEQUENTIAL
(CRZ RADIUS NOT DEPICTED)
NUISANCE TREE
(CRZ RADIUS NOT DEPICTED)
NOTES:
1) REFER TO SHEET L-1.3 FOR TREE PROTECTION DETAIL..
2) ALL INVENTORIED TREES ARE HEALTHY UNLESS INDIVIDUALLY NOTED.
3) THE FOLLOWING EXISTING TREES ARE BEING COUNTED TOWARDS THE LANDSCAPE REQUIREMENTS: #146, 147, 150,
154, 160, 163, 164, 171, 179, 182, AND 200. REFER TO THE CITY OF LAKE ELMO CODE REQUIREMENTS TABLE ON SHEETS,
L-1.0, L-1.1 AND L-1.2 FOR QUANTITY OF TREES TO BE CREDITED TOWARD THE LANDSCAPE CODE REQUIREMENT.
PROJECT
ADDRESS
DRAWING
TITLE:
SHEET NUMBER:
SCALE:
DRAWN BY:
CHECKED BY:
DATE:
REVISIONS:
WRITTEN DIMENSIONS ON THIS PLAN SHALL SUPERCEDE SCALED
DIMENSIONS. CONTRACTORS ARE RESPONSIBLE FOR FIELD
VERIFYING ALL DIMENSIONS. THIS DRAWING, DESIGN, CONCEPT
AND ARRANGEMENT REMAIN THE PROPERTY OF ONEENERGY
RENEWABLES AND SHALL NOT BE COPIED, DISCLOSED OR
REPRODUCED WITHOUT CONSENT.
DESCRIPTION
LEGEND
A B C D E F G H I J K
1
2
3
4
5
6
7
8
10
11
9
REVISION LOG:
CEF LAKE ELMO
COMMUNITY SOLAR, LLC.
10755 50TH ST. N.
LAKE ELMO, MN 55042
AES
03/08/2022
THIS PROJECT CONSISTS
OF THE DESIGN AND
INSTALLATION OF
1.000MWac SOLAR
PHOTOVOLTAIC SYSTEM.
MODULES ARE TO BE
MOUNTED IN SINGLE AXIS
TRACKERS, WHICH FOLLOW
THE SUN FROM EAST TO
WEST THROUGHOUT THE
DAY OR MOUNTED AT A
FIXED TILT FACING SOUTH.
INTERCONNECTION TO BE
COORDINATED WITH THE
LOCAL UTILITY.
JRS
N
0' 20' 40' 80' 120'
SCALE: 1" = 40'
1"=30'
L-2.0
TREE SURVEY
PAGE 1 of 2
MEMORANDUM
Date: November 13, 2021
To: Jane Kansier, AICP, Planning Consultant Re: OneEnergy Solar Garden – 10755 50th Street N.
Molly Just, Planning Director Engineering Review Comments
Cc: Chad Isakson, P.E., Assistant City Engineer
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the OneEnergy – CEF Community Solar Garden Conditional Use
Permit Application received on October 22, 2021. The project is proposed for construction and operation on the
property located at 10755 50th Street North. The submittal consisted of the following documentation:
Project Report and Narrative prepared by One Energy and dated September 8, 2021.
Site Plan dated September 7, 2021.
Stormwater Management Plan dated October 13, 2021.
Landscape Plan dated August 27, 2021.
Wetland Delineation date July 1, 2021.
STATUS/FINDINGS: Engineering review comments have been provided as outlined below. Site Plan revisions and
additional design detail will be required to facilitate City review and approval.
RIGHT‐OF‐WAY PRESERVATION
The Site Plan shows right‐of‐way preservation along 50th Street North, measured 59 feet from the existing
centerline. The minimum right‐of‐way preservation must be 60 feet. In addition, all setbacks along 50th
Street North and Lake Elmo Avenue should be measured from the roadway preservation easements/rights‐
of‐way (60‐feet from existing centerlines). Right‐of‐way preservation is required per the Lake Elmo and
Washington County 2040 Comprehensive Plans (2‐lane undivided Collector Roadways).
SITE ACCESS
One new access is proposed to the site from 50th Street North. No site access is shown from Lake Elmo
Avenue. Access to Lake Elmo Avenue should be prohibited as presented.
The site access along 50th Street North must be relocated to be as far west as possible, and no closer than
350 feet from the Lake Elmo Avenue intersection (as measured from the west paved shoulder). The
driveway relocation is required to minimize future conflicts with the construction of a future right and left
turn lane along 50th Street North. The future turn lanes will be required to meet State Aid design
standards when constructed along 50th Street North (Municipal State Aid Route) for the City to be able to
use State Aid funding for the turn lane construction.
One 16‐foot wide (16) gravel service road is proposed. Per City ordinance, all portions of the driveway to
be located within the public right‐of‐way must be paved.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
PAGE 2 of 2
SITE PLAN APPROVAL
Prior to the start of any construction, Civil Site Construction Plans must be prepared and submitted for City
review and approval. The plans must be prepared and signed by a registered professional engineer in the
State of Minnesota and the plans must be prepared in accordance with the City Design Standards and Plan
Format requirements.
An existing conditions plan is required to facilitate a detailed review by the City and site plan revisions may
be required due to new information provided in the detailed plans. Existing conditions must include scaled
full size plan sets (no greater than 1” = 50’ scale) and include all property, right‐of‐way and easement lines,
a detailed topographic survey including contours at 2’ intervals or less, include all public and private
utilities along the public rights‐of‐way and for a minimum distance of 150 feet from the construction limits,
and include delineated wetlands and wetland buffers. Public and private utility information must include
utility type, pipe material and size, inverts (when applicable) and location as surveyed in the field.
The site plan indicates that wetland locations are shown from GIS database information. A wetland
delineation will be required and the Site Plans must be updated to include the delineated wetlands and
required wetland buffers meeting the City and watershed requirements.
The 3‐new proposed Xcel Energy above ground power poles, to be installed to support the site
interconnection, must be installed a minimum of 55 feet south of the centerline of 50th Street to locate
the utilities within the designated utility corridor for the roadway right‐of‐way.
No waste water management or drinking water supply is required to support the proposed site
development.
STORMWATER MANAGEMENT
The Site Plan shows a potential stormwater infiltration basin intended to address stormwater management
requirements and storm water calculations were submitted to support the basin sizing. However, the site
is subject to a storm water management plan meeting State, Watershed District and City rules and a permit
will be required from the Valley Branch Watershed District (VBWD). The Stormwater Management Plan
must therefore be revised and resubmitted, demonstrating compliance with City and VBWD rules, and
must be prepared and signed by a registered professional engineer in the State of Minnesota.
The Stormwater Management Plan must provide a pre and post condition rate control analysis of the site,
including pre and post condition drainage maps. The SWMP must demonstrate rate control is provided for
all points of discharge from the site. Overland emergency overflows or outlets are required to be sown on
the plans. The 100‐year high water flood level (HWL) must be shown on the plans for all water bodies
(wetlands) and storm water facilities, and the 100‐year high water flood level (HWL) must be fully
contained within private property or easements.
The construction of an infiltration basin is proposed for the site. Soil borings must be provided as part of
the Site Plans to demonstrate that the facility will be constructed in soils that are conducive to infiltration
practices and the infiltration rate for the design must be based on the soil investigation.
To the extent adjacent properties are impacted by storm water management discharges, written
permission from those properties must be submitted as part of the development application.
The storm water facilities constructed for this site should remain privately owned and maintained. The
applicant will be required to execute and record a Stormwater Maintenance and Easement Agreement in
the City’s standard form of agreement. Even as privately owned and maintain facilities, maintenance
access roads meeting the City engineering design standards must be provided for access to all storm water
facilities.
“Proudly Serving Neighbors & Friends”
Lake Elmo Fire Department
Memorandum
To: Jane Kansier, AICP
From: Dustin Kalis, Fire Chief
Date: 11/12/2021
Re: Land Use Review Request - CEF Lake Elmo Community Solar Garden
_______________________________________________________________________________________
The Lake Elmo Fire Department has completed a land use review of CEF Lake Elmo Community Solar Garden
based on the Lake Elmo Planning Department packet dated 10/22/21 with the following comments:
1) The installation and use of gates shall be in compliance with the fire code. If a gate(s) is to be installed,
provide more detailed information for review.
2) A Fire Department lock box is required for emergency access to building at an approved location(s) and
provide keys for emergency access into the property and any controls necessary for emergency use or
shut down.
3) Site address numbers shall be plainly visible from the street fronting the property and shall contrasting
color from the background.
4) A clear, brush-free area of 10 feet (3048 mm) shall be required for ground-mounted photovoltaic
arrays.
Codes and Standards Used for this Review
This review is based on the following codes and standards as adopted and in effect in the State of Minnesota
at the time of plan submittal.
2020 Minnesota State Fire Code
1
Jane Kansier
From:Sonsalla, Sarah J. <SSonsalla@Kennedy-Graven.com>
Sent:Thursday, November 11, 2021 11:23 AM
To:Jane Kansier
Cc:Molly Just; Sonsalla, Sarah J.
Subject:RE: Land Use Review Request - CEF Lake Elmo Community Solar Garden
Follow Up Flag:Follow up
Flag Status:Flagged
Hi Jane,
I reviewed the application materials for the community solar garden CUP. My only comment relates to
decommissioning of the project. The applicant is proposing to provide the City with a letter of credit in the amount of
$15,000 that the City can use in the event that the modules are no longer in use. This can be used to remove the
modules from the site and dispose of them if the owner of the property or the operator of the solar garden does not
take care of it. The City should determine whether $15,000 is a sufficient amount to cover its costs in this type of
circumstance.
In line with this issue, I would also recommend that there be a condition in the conditional use permit that requires the
owner of the property and/or the operator to remove the modules and equipment after a certain amount of time after
the project is decommissioned (i.e. 90 days or something like that). In the event that it is not removed by that time, the
City should be given permission to enter the property to remove it and recover its costs from the letter of credit. In the
event that the letter of credit is insufficient to cover the City’s costs, the City should be able to certify the costs against
the property and collect the costs with the property taxes.
There should also be a condition that the letter of credit must be in good standing at all times, so in the event that it is
not renewed or cancelled, the City may revoke the conditional use permit.
Let me know if you have any questions.
Thanks!
Sarah
Sarah J. Sonsalla | Attorney | Kennedy & Graven, Chartered | 150 South Fifth Street, Suite 700 | Minneapolis, MN 55402 |direct:
612.337.9284 | fax: 612.337.9310 | e-mail: ssonsalla@kennedy-graven.com
From: Jane Kansier <Jane.Kansier@bolton-menk.com>
Sent: Friday, October 22, 2021 11:35 AM
To: Jack Griffin <Jack.Griffin@focusengineeringinc.com>; chad.isakson@focusengineeringinc.com; Sonsalla, Sarah J.
<SSonsalla@Kennedy-Graven.com>; jhanson@barr.com; transportation@co.washington.mn.us; Marty Powers
<MPowers@lakeelmo.org>; Dustin Kalis <DKalis@lakeelmo.org>; jtaylor@lakeelmo.org; Harding, Sarah
<Sarah.Harding@stantec.com>; Niday, Jenna <jenna.niday@stantec.com>
Cc: Molly Just <MJust@lakeelmo.org>; Diane Wendt <DWendt@lakeelmo.org>; Corrin Bemis <Corrin.Bemis@bolton-
menk.com>
Subject: Land Use Review Request - CEF Lake Elmo Community Solar Garden
Good morning.
Memo
File: 227704555
To: Molly Just, City of Lake Elmo Planning Director From: Sarah Harding, Landscape Architect
Jenna Niday, Landscape Designer
Subject: City of Lake Elmo Conditional Use Permit Review
CEF Lake Elmo Community Solar Review #1
Date: November 12, 2021
Submittals
• Landscape Plan, dated 8-27-2021, received 10-22-2021.
Location: Southwest quadrant of the intersection of 50th Street North & Lake Elmo Avenue North, Lake
Elmo, MN
Land Use Category: Rural Residential
Surrounding Land Use: Rural Residential
Tree Preservation:
A tree survey/preservation plan is not required for the proposed project. Per tree preservation code section
154.257.C.1.a.iii, the applicant has demonstrated that no major grading activity will occur onsite, and all trees
will be preserved.
• If a tree survey is conducted, any existing, healthy, common or significant trees found onsite could
potentially offset code required trees, specified below. Common and significant trees are defined in tree
preservation code 154.257.B.
Alternative Energy:
Per alternative energy code 154.308:
• (A.2) Solar farms are required to be screened and fenced as determined by the City from adjacent
residential properties. Screening requirements are further defined below.
Landscape Requirements:
A landscape plan has been submitted that does not include all requirements.
• The landscape plan does not include required City standard notes and details.
Per landscape code 154.258:
• (A.2) Methods for protecting existing trees and other landscape material are required.
• (A.3) Native grass ground cover seed mixes shall be specified as needed for any restored wetlands,
wetland buffers, upland perennial permanent ground covers, and biofiltration basins.
• (A.5) Details and cross sections of screening are required.
• (C.1) A minimum of one (1) tree is required for every fifty (50) feet of street frontage.
• (C.2) A minimum of five (5) trees are required for every one (1) acre of land that is developed or disturbed
by development activity.
November 12, 2021
Molly Just
Planning Director
City of Lake Elmo
Page 2 of 2
Code Required Proposed
Street frontage 1092 Lineal Feet
Lake Shore 0 Lineal Feet
Stream Frontage 0 Lineal Feet
Total Linear Feet 1092 Lineal Feet
/50 Feet = Required Frontage Trees 22 0 Trees
Development or Disturbed Area - SF
Development or Disturbed Area 5.5 Acres
*5 = Required Development Trees 28 0 Trees
Interior Parking Lot Spaces* 0 Spaces
/10 = Required Parking Lot Trees 0 0 Trees
Perimeter Parking Lot Frontage
Length 0 Lineal Feet
/50 = Required Frontage Strip Trees 0 0 Trees
Required Mitigation Trees 0 0
Required Number of Trees 50 0
• (F) Screening shall be used to provide visual and noise separation of intensive uses from less intensive
uses. Where screening is required in the City Code between uses or districts, it shall consist of either a
masonry wall or fence in combination with landscape material that forms a screen at least six (6) feet in
height, and not less than ninety percent (90%) opaque on a year-round basis. Landscape material shall
include trees, planted at a minimum of one deciduous or coniferous tree per forty (40) linear feet along
the property line. Additional landscape material such as shade trees or trellises may be required to
partially screen views from above.
Recommendation:
It is recommended that a condition of approval include:
• Submittal of a revised landscape plan meeting the code requirements as noted above.
Stantec Consulting Services Inc.
Sarah Harding, PLA (MN)
City of Lake Elmo Municipal Landscape Architect
P: 952-334-4838
E: sarah.harding@stantec.com
Memo
File: 227704555 To: Molly Just, City of Lake Elmo Planning Director From: Sarah Harding, Landscape Architect
Subject: City of Lake Elmo Conditional Use Permit Review
CEF Lake Elmo Community Solar Review #3
Date: March 2, 2022
Submittals:
• Landscape Plans, dated February 22, 2022, received February 23, 2022.
Review History:
• Initial landscape review on November 12, 2021.
• Resubmittal landscape review on January 26, 2022.
Location: Southwest quadrant of the intersection of 50th Street North & Lake Elmo Avenue North, Lake Elmo, MN Land Use Category: Rural Residential Surrounding Land Use: Rural Residential Tree Preservation - 105.12.470: A tree survey has been provided but is missing or is unclear as related to the following criteria:
• Tree condition (healthy, dead, diseased, or dying) is missing from the tree inventory.
• Some tree species are missing (labeled as ‘other) from the inventory but are classified as Significant,
Common, or Nuisance trees. Refer to the code definitions for Common, Deciduous Hardwood,
Significant, Nuisance, Healthy, and Coniferous/evergreen trees to reflect the appropriate classification
category based on species and caliper inch size.
• Preserved Healthy trees that are categorized as Common, Deciduous Hardwood, or
Coniferous/Evergreen trees may count toward the landscape requirements in a 1:1 ratio (one preserved
tree equals one required landscape tree).
− Preserved Ash trees are not counted toward the landscape requirement per the code definition of
Tree Pest and the nature of the Emerald Ash Borer.
• Current location of tree protection fencing near proposed 931 contour and Tree 163 is shown through the area of grading/construction activity. Adjust tree protection fencing to be outside of the grading limits and critical root zones of trees to remain.
• Tree 160 is listed as an Other species but classified as significant. Tree protection fencing is also shown within the critical root zone of this tree, therefore is not considered a tree that counts toward the landscape requirements at this time.
• Tree 158 is located outside of the tree protection fencing area and is not considered a tree that counts toward the landscape requirements at this time.
• Based on the above comments, Trees 146, 148, 150, 154, 157, 164, 169, 179, 182 and 200 could count
as 10 trees toward the landscape requirements if healthy and preserved to remain. Additional information
March 2, 2022
Molly Just
Planning Director City of Lake Elmo
Page 2 of 3
such as species, tree condition, and tree protection fencing adjusted to save Tree 158 would need to be provided to verify whether additional trees could count toward the landscape requirements.
Landscape Requirements – 105.12.480: A landscape plan has been submitted that meets code requirements.
• Watershed may have comments regarding screening fence, seed mixtures, planting, and plant species
within the wetland once submitted for their review.
Code Required Proposed Existing
Street frontage 1092 Lineal Feet
Lake Shore 0 Lineal Feet
Stream Frontage 0 Lineal Feet
Total Linear Feet 1092 Lineal Feet
/50 Feet = Required Frontage Trees 22 22 Trees
Development or Disturbed Area - SF
Development or Disturbed Area 5.5 Acres
*5 = Required Development Trees 28 28 Trees
Interior Parking Lot Spaces* 0 Spaces
/10 = Required Parking Lot Trees 0 0 Trees
Perimeter Parking Lot Frontage Length 0 Lineal Feet
/50 = Required Frontage Strip Trees 0 0 Trees
Required Mitigation Trees 0 0
Required Number of Trees 50
Subtotal Trees 50 10+/-*
Total Trees (Provided + Preserved Existing) 60 +/-
‘* See Tree Preservation Section comments above.
March 2, 2022
Molly Just
Planning Director City of Lake Elmo
Page 3 of 3
Standards for Alternative Energy – 105.12.560:
• Solar farms are required to be screened and fenced as determined by the City from adjacent residential properties. The landscape plan has been updated to indicate fencing and planting materials to meet this requirement. Recommendation: It is recommended that a condition of approval include:
• Submittal of an updated tree survey addressing comments above and revised landscape plan including the preserved, healthy trees to remain that can count toward the landscape requirements.
Stantec Consulting Services Inc.
Sarah Harding, PLA (MN) City of Lake Elmo Municipal Landscape Architect P: 952-334-4838 E: sarah.harding@stantec.com
City of Lake Elmo Planning Commission Meeting
Minutes of November 22, 2021
Commission Chair Risner called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m.
COMMISSIONERS PRESENT: Risner, Graen, Mueller, Rehkamp, Steil, Vrieze
COMMISSIONERS ABSENT: Weeks
STAFF PRESENT: Planning Director Just
Pledge of Allegiance at 7:00 PM
Introduction of new Planning Commissioner Thomas Rehkamp
Approve Agenda:
M/S/P: Steil/Vrieze moved to approve the agenda. Vote: 6-0, motion carried unanimously.
Approve Minutes:
M/S/P: Graen/Mueller moved to approve the Planning Commission minutes of October 25th, 2021. Vote:
6-0, motion carried unanimously.
Public Hearings:
Conditional Use Permit- 10755 50th Street N CEF Lake Elmo Community Solar has applied for a Conditional Use Permit for the construction and operation of a solar farm on the property located at 10755 50th Street N (PID#1102921110003). The proposed solar photovoltaic (“PV”) project has a maximum size of 1,000 kilowatts (“KW”) alternating current (“AC”). The Applicant has a Solar Energy Option Agreement to lease up to 10 acres with the Manzara family to enable construction and operations of the project. Director Just gave staff report and presentation. Staff is recommending approval of the request subject to meeting the conditions of approval listed in this report. Applicant Katelyn Larkin gave presentation: This Application is for a Conditional Use Permit to construct a 1 megawatt solar PV project on approximately 7 acres of land. The Project will be constructed on land currently used for agriculture. No wetlands, forests, or biologically sensitive areas will be impacted by the Project. The Project will not produce any adverse impacts on surrounding properties, as it has been designed to avoid perceptible glare and noise, will not generate traffic or emissions once built. Additionally, the Project will not place any new burdens on City infrastructure, as no new water or sewer utilities are required. Conversely, the Project will support healthier air and soils through local renewable energy generation and use of pollinator habitat in site stabilization. Public hearing opened at 7:23 PM Chris Boylan, 10711 50th Street N, has concerns regarding impact of sound issues and asked for a noise study.
Lake Elmo Planning Commission Minutes;11-22-21
George Crocker, 5093 Keats Ave N, is in support of the solar garden. Tony Manzara, 5050 Kirkwood Ave N, is in support of the solar garden Colleen Walsh, 10830 50th Street N, is not in support of the solar garden, as it impacts her parcel. Julie Andrich, on behalf of Bev Rieks, 4564 Kimbro Ave N, is not in support of the solar garden, as it impacts this parcel. Applicant, Dan Grantier, 5027 36th Avenue South, Minneapolis, with Cooperative Energy Futures, spoke in response to the concerns of the residents. Richard Day, 11049 50th Street N, is not in support of the solar garden, as it impacts his parcel. Public hearing closed at 7:46 PM There was a discussion regarding the conditions of approval.
M/S/P: Graen/Mueller moved to recommend approval of the CUP for a solar farm with the listed
conditions base on the finings listed in the presentation. Vote: 6-0, motion carried unanimously.
New/Unfinished Business a. Royal Golf 4th Addition Final Plat – South of 20th Street N and east of Lake Elmo Avenue N US Home Corporation (Lennar) has submitted an application for a final plat to be known as Royal Golf 4th Addition. The final plat includes approximately 88 acres to be subdivided into 5 outlots for future development. Director Just gave staff report and presentation.
M/S/P: Steil/Graen moved to recommend approval of the Royal Golf Club at Lake Elmo 4th Addition Final
Plat based on the findings of fact and conditions outlined in the staff report. Vote: 6-0, motion carried
unanimously.
Communications/Updates a. City Council Update 11-03-2021 Meeting –Crossroads East Final Plat and PUD - Approved 11-16-2021 Meeting – Krueger Tree Farm IUP – interim use for photography was approved, expansion IUP building has been postponed.
b. Staff Updates c. Upcoming PC Meetings:
1. December 13, 2021 - No public hearings, review the Work Plan
2. December 27, 2021 - (Cancelled)
3. January 10, 2022 Meeting adjourned at 8:26 PM.
Respectfully submitted,
Diane Wendt
Permit Technician
Lake Elmo Planning Commission Minutes;11-22-21
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION 2022-026 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION AND OPERATION OF A SOLAR FARM ON THE PROPERTY LOCATED AT 10755 50TH STREET NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, CEF Lake Elmo Community Solar, LLC (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for the construction and operation of a solar farm on the property located at 10755 50th Street North
(PID# 11.029.21.11.0003) (the “Property”); and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 22, 2021; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated March 15, 2022; and WHEREAS, the City Council considered said matter at its March 15, 2022 meeting; and
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following: FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 105.12.290. 2) That all the submission requirements of said Section 105.12.290 have been met by the Applicant.
3) That the proposed Conditional Use Permit is for the construction and operation of a solar farm on the property located at 10755 50th Street North. 4) The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The proposed
use will not be detrimental or in any way endanger the public health, safety, comfort.
Conditions intended to mitigate any potential impact have been included in the CUP, and include items such as screening, setbacks, and stormwater management.
5) The use or development conforms to the City of Lake Elmo Comprehensive Plan.
Chapter 3 of the Comprehensive Plan notes the City has incorporated standards into
their zoning ordinances regarding siting of structures and buildings to support access
to solar resources. Given the City’s dominant residential landscape pattern, options for private property owners including individual homeowners and homeowners’ associations to capitalize on solar energy are supported by the City’s adopted ordinances and official controls.
6) The use or development is compatible with the existing neighborhood. The proposed use is permitted in the Rural Residential District subject to a CUP. With conditions, the use is compatible with the existing neighborhood.
7) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use will meet the specific development standards for a solar facility with specific conditions.
8) If the proposed use is in a flood plain management or shoreland area, the proposed use
meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located outside the 0.2% annual chance floodplain and shoreland area.
9) The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed use will be compatible in appearance with the existing and intended character of the general vicinity and will not change the essential character of the area.
10) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create a nuisance. To help ensure this, the staff is recommending conditions for screening and decommissioning.
11) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the
proposed use. No wastewater or city water facilities are needed to serve this site. The
site is otherwise adequately served by existing City services. 12) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the
community. The proposed use will not create excessive additional requirements at
public cost. 13) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
The proposed use will generate few trips per year on the site.
14) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The proposed use should not create traffic congestion or interfere with traffic on surrounding public streets.
15) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not impact a natural or scenic feature.
16) That, in accordance with City Code Section 105.12.290, the Applicant’s proposed use of
the Property as a solar farm shall be permissible under the Conditions 1-9 as provided in the decision below, and incorporated herein:
DECISION
NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the
information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves the request by CEF Lake Elmo Community Solar, LLC for a Conditional Use Permit for the construction and operation of a solar farm on the property located at 10755 50th Street North, and grants the same, subject to the following conditions of approval:
Prior to issuance of City permits for the project: 1) Stormwater Management: A stormwater management plan meeting all State, Watershed District and City rules is required and a permit must be obtained from the Valley Branch
Watershed District. These required details must be included. a. Soil borings will be required for infiltration basins. b. If adjacent properties are impacted by stormwater discharge, written permission from those property owners is required. c. The storm water facilities must remain privately owned and maintained.
d. A Stormwater Maintenance and Easement Agreement in the City’s standard form is required. 2) The applicant must provide to the City Engineer a statement from a qualified engineer certifying the foundation and design of the solar panels, racking and support is within
accepted professional standards, given local soil and climate conditions. 3) The City’s Landscape Architect shall review and respond to the updated landscaping
plans dated March 8, 2022.
4) The applicant must provide an approved interconnection agreement with Xcel.
5) The applicant must provide a letter of credit in the amount of $120,652 for
decommissioning the site. The letter of credit must be in good standing at all times and
issued by a bank determined by the City to be solvent and creditworthy. The letter of credit shall be in a form approved by the City. In the event the letter of credit is not renewed or is cancelled, the City may revoke the conditional use permit.
6) The applicant must obtain all other necessary City, State, and other governing body
permits prior to the commencement of any construction activity on the parcel including but not limited to an approved stormwater management plan, utility plans, grading plan, and building permits
General:
7) Gate access to the site must be in compliance with the Lake Elmo Fire Department Emergency Vehicle Access Policy.
8) The modules and equipment on the site must be removed within 90 days after the site is
no longer operational or has not operated continuously for 12 months. In the event that it is not removed by that time, the City has permission to enter the property to remove it and recover its costs from the letter of credit. In the event that the letter of credit is insufficient to cover the City’s costs, the City shall certify the costs against the property
and collect the costs with the property taxes.
Passed and duly adopted this 15th day of March, 2022 by the City Council of the City of Lake Elmo, Minnesota.
____________________________________ Charles Cadenhead, Mayor
ATTEST:
_____________________________________
Julie Johnson, City Clerk
DATE: 3/15/2022
REGULAR
ITEM #:
TO: City Council
FROM: Marty Powers, Public Works Director
AGENDA ITEM: Scheduled Well 4 Inspection & Maintenance
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: The City of Lake Elmo Public Works is committed to providing quality potable water
that is readily available for consumption and fire protection to all connections within the city water
supply. The City of Lake Elmo has three well in service that provide drinking water to the community.
The Environmental Protection Agency – (EPA) mandates that each state drinking water agency inspect its
system regularly, including towers every 3-5 years and wells every 5 to 10 years based off performance.
Minnesota Rural Water Association and Minnesota Department of Health recommends an annual above
ground inspection be completed on each well.
Well #4 was drilled in 2014 and is located at 11210 50th St. The depth of the well is 290 feet and has not
yet been pulled for inspection or maintenance. With well #5 now on line we are comfortable taking well
#4 off line outside of irrigation season. Annual above ground inspection are being completed on all city
wells each year as recommended.
ISSUE BEFORE COUNCIL: Should the City Council approve the scheduled maintenance to the Well #4?
PROPOSAL DETAILS/ANALYSIS: Proceeding with the maintenance and repairs of Well #4 will benefit the city and its citizens by proactively reducing well issues so we can continue providing adequate drinking water and fire protection. Two proposals were collected for the maintenance of the well. McCarthy Well has completed Lake
Elmo’s well servicing for over 30 years and has the knowledge of each wells performance. Traut Well
Co. did not have availability in its schedule until after April 1st, which would likely interfere with our
irrigation season.
McCarthy Well Co. recently pulled and investigated the wells components. They were unable to unthread
any of the column pipe couplings. The column pipes then had to be cut with a torch to separate and pull
and will need to be replaced. This was an unexpected cost.
FISCAL IMPACT: McCarthy Well’s proposal to complete the maintenance and repairs of Well #4 shall not exceed $60,000 and will be funded through the Water CIP fund. Budgeted for Well #4’s maintenance in 2022 was $35,000. The cost exceeding the budget will be offset in the water budget by not contracting a lobbyist and for meter supplies not being purchased due to availability issues.
Page 2
OPTIONS: Approve maintenance of well #4 Deny maintenance of well #4 Direct staff to further research options RECOMMENDATION:
“Motion to approve McCarthy Well to complete the repairs and maintenance of well #4 for an amount not to exceed $60,000” ATTACHMENTS:
• McCarthy Well Co. proposal
• Traut Well Co. proposal
• McCarthy Well Co. repair proposal
I.McCarthy Well Company will furnish the necessary labor and equipment to remove the pump from the well; measure
the well depth, static water level and casing depth; haul the pump to our shop for $2,980.
II.At our shop your pump will be unloaded, disassembled, cleaned and inspected to determine the needed repairs. We
will contact you to view the pump and discuss the materials needed to properly repair the pump. Upon receipt of your
approval we will repair, reassemble and load the pump for reinstallation in the well. An accurate estimate of these costs
cannot be made at this time since the condition of the components will not be known until they are removed from the
well, disassembled, cleaned and inspected. We estimate the cost for shop labor and pump materials to repair the pump
to be $8,525.00 - $26,291.00
III.After the repairs are completed we will return to the site; chlorinate the well; reinstall the pump; test operation of
the system for $2,980.
McCarthy Well Company has performed well and pump projects in Lake Elmo since 1924.We have the knowledge and
the experience to complete the work in a first class and timely manner.
Payment Terms: Net 30 days from date of each invoice.
Acceptance -If this proposal is acceptable,please sign and fax this quotation back to us at 952-445-1950.Mail
the blue copy with an original signature to us at the above address along with your down payment.If you have
any questions please call me at 952-854-5333. Please allow 2 - 4 weeks for delivery of the materials to our shop.
Thank You For The Opportunity To Present This Proposal!
Page 1 of 1
Description
“QUOTATION”
Date:
Removal, repair and reinstallation of deep well pump #4.Re:
MNLake Elmo
City of Lake Elmo
3445 Ideal Ave North
55042
Attn:
McCarthy Well Co disclaims any implied or express warranties or oral representations that this work
will result in water of any particular quality, quantity, or duration.
Company Representative:
Marty Powers
10/19/20
202304
Tim McCarthy
Quotation #:
McCARTHY WELL COMPANY
590 Citation Drive - Suite I, Shakopee MN 55379-1862
Phone 952-854-5333 ~ Fax 952-445-1950
“THERE’S NO SUBSTITUTE FOR EXPERIENCE”
THIS “QUOTATION”,WHEN SIGNED BY AN OFFICER OF McCARTHY WELL COMPANY WITHIN 30
DAYS OF THE DATE HEREON,WILL BE A BINDING CONTRACT BETWEEN THE PARTIES HERETO
AND GOVERNED BY THE TERMS &CONDITIONS PRINTED ON THE FACE &REVERSE SIDE
HEREOF.
I Certify That I Am Legally Authorized To Purchase Materials And/Or Labor To Be Furnished.
By Title Date_________________
McCarthy Well Company
By CWD/PI Title President Date
DATE:12/7/2021 PHONE #
FAX #
NAME:City of Lake Elmo
ADDRESS:
ATTN:JOB #
Description Pump Repair Unit Unit Price Quanity Totals
LABOR LS 1,050.00$ 1 1,050.00$
HR 245.00$ 7 1,715.00$
HR 110.00$ 4 440.00$
HR 1,050.00$ 1 1,050.00$
HR 245.00$ 7 1,715.00$
EA 1,500.00$ 1 1,500.00$
MATERIALS EACH 20,450.00$ 1 20,450.00$
EACH 4,925.00$ 1 4,925.00$
LF 74.00$ 185 13,690.00$
LF 46.25$ 190 8,787.50$
EACH 125.00$ 1 125.00$
EACH 2,350.00$ 1 2,350.00$
EACH 295.00$ 1 295.00$
EACH 150.00$ 1 150.00$
EACH 175.00$ 1 175.00$
EACH 450.00$ 1 450.00$
TOTAL MATERIALS 51,397.50$
TOTAL LABOR 7,470.00$
INCOMING FREIGHT est.550.00$
TOTAL 59,417.50$
Signature: Date:
Traut Companies Rep:Joe Traut Date:12/7/2021
8" coupling
Misc supplies
8" - 125hp Submersible motor
1100S1250-3 stage pump 1250GPM@
330TDH
8" T&C drop pipe
4/OTT sub wire w/grnd flat Dble jacketed
4/OTT wire splice
8" check valve
8X6 swedge nipple
8X12 nipple
Remobilize & Demobilze
Reinstall Pump & Hook to System
Video well
Pull Pump
Clean & Disassemble Pump
Mobilization & Demobilization
Quote - Well 4 - 125hp Sub - Pull, Inspect, Replacement
parts, & Reinstall
3800 Laverne Ave
Marty Powers
Lake Elmo, MN 55042
651-747-3941
30-0000
PO Box 547
Waite Park, MN 56387
320-251-5090
joet@trautcompanies.com
DATE: March 15, 2022
REGULAR
AGENDA ITEM: 2023 Budget Calendar SUBMITTED BY: Sam Magureanu, Finance Director
BACKGROUND: Similar to last year, the City Council is asked to accept the proposed 2023 budget key dates for planning purposes. ISSUE BEFORE COUNCIL: What should the schedule be for developing the 2023 budget? What guidance does Council have for the 2023 budget? PROPOSAL DETAILS/ANALYSIS: Included in your packet is a proposed schedule. Staff has already begun working on the CIP. The CIP will be brought to parks commission first then followed by the operating budgets. The finance department along with department heads will work on the budgets in July and August. Then Council will have a work session to review the proposed budget prior to certifying the maximum levy in September. The November work
session is included as an optional meeting again this year. The final budget would be adopted and certified to the County in December.
FISCAL IMPACT: TBD
OPTIONS: 1) Approve the proposed schedule and provide direction on budget prep 2) Amend and then approve a schedule and provide direction on budget prep RECOMMENDATION:
Motion to approve the 2023 Budget Calendar
ATTACHMENTS:
• 2023 Budget Calendar
CITY OF LAKE ELMO
2023 Proposed Budget Calendar
As of 2/10/22
4/29/2022 Draft CIP Package Distributed to Departments
5/27/2022 Proposed CIP listings to Administrator and Finance Director
6/20/2022 Proposed Parks CIP to Parks Commission
7/8/2022 Revenue and expense budget detail to Dept heads (actuals through June) for use to
project balance of 2022 and 2023 budget
7/18/2022 Detailed 2022/23 budget worksheets due back to Finance
8/8/2022 Departmental changes completed by Finance
8/9/2022 Proposed Budget to Dept. Supervisors for Final Comments
8/23/2022 Council Workshop – Proposed Budget
9/20/2022 Proposed Budget to City Council For Adoption by Resolution & Property Tax Levy
9/30/2021 Proposed Budget (adopted by Resolution) & Proposed Property Tax Levy Certified to
the County. Certify Hearing(s) Dates.
11/9/2022 Council Workshop – Proposed Budget (optional)
12/6/2022 Final Budget & Levy Determination Public Hearing 7:00PM City Hall
12/20/2022 Final Budget & Levy Determination (if necessary) 7:00PM City Hall
12/28/2022 Final Levy certified to the County & Adopt Final Budget
CRITICAL DATES
7/25-7/29/2022 Budget review with Dept. Heads, Administrator & Finance Department
DATE: March 15, 2022 REGULAR
AGENDA ITEM: Legislation Re: White Bear Lake
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
• In November 2012, the White Bear Lake Homeowners Association and White Bear Lake Restoration Association filed a suit in Ramsey County District Court alleging the DNR permitted
too much groundwater use near White Bear Lake, causing the lake water levels to drop unacceptably.
• The District Court found in favor of the plaintiffs on August 30, 2017 and ordered a number of restrictions and requirements for the DNR to implement. The DNR was required to amend existing groundwater permits within a 5-mile radius of White Bear Lake with the following
stipulations: o Require a residential irrigation ban when the water level of White Bear Lake drops below 923.5 feet. The ban remains in effect until the water level reaches 924 feet.
o All permittees are required to develop a per capita water use plan to reduce residential per capita water use to 75 gallons per day and total per capita water use to 90 gallons per day. o Public water suppliers are required to develop a contingency plan to shift their source of water from groundwater to surface water. o All permittees are required to report to the DNR annually on collaborative efforts with other north and east metro communities to develop per capita water use plans.
• The DNR was required to analyze the maximum authorized volumes in the groundwater use permits within a 5-mile radius of White Bear Lake, evaluate the impact of that use on water levels of the lake and then set a collective annual withdrawal limit for White Bear Lake. o That analysis recently revealed a limit of 55 gallons per day per person based upon 2020 census info. Leaving no water for schools, hospitals, medical offices, government buildings, commercial uses such as restaurants, gas stations, grocery stores, or any other store; hotels; or industrial and agricultural uses.
ISSUE BEFORE COUNCIL: Should the Council approve a resolution supporting a legislative solution to the White Bear Lake lake level issue? PROPOSAL: Last spring the city’s request to amend our water appropriation permit to include well 5 and increase our appropriation amounts was approved to add the new well but denied the increased amount due to the Ramsey County District Court Ruling from 2017. As a result, I reached out to our state elected officials
and asked for help. Sen. Housley introduced SF 3055 with Chamberlain and Wiger as co-chairs (bipartisan support). The bill was heard in senate committee on February 28th and passed out to the senate floor. The companion bill, HF 3880, was introduced by Rep. Leon Lillie on March 3rd and we are awaiting a committee
hearing. In draft form, this legislation had been shared with staff from Hugo, Lino Lake, Oakdale, White Bear Lake, White Bear Township, Stillwater, Mahtomedi, Vadnais Heights and North St. Paul and generally supported. These other communities will also be considering the resolution included in your packet at their upcoming meetings.
The resolution is general in that it doesn’t mention the two bills specifically but rather takes a more opened approach to encourage the Legislature to pass a bill that: 1. Protects municipal water permits, including those arising from the in the Prairie du Chien-Jordan
Aquifer, from legal challenges. 2. Directs the DNR to explore innovative options for meeting the water needs of our residents, hospitals, schools, industries, and future development and ensuring the sustainability and quality
of the state's water resources in and around White Bear Lake and neighboring aquifers. 3. Allowing the DNR the discretion to issue and amend groundwater water appropriation permits as was the case prior to the pending litigation. It’s likely that the bills will be amended (senate one already was in committee) and look differently than they do now by the time they become law so we wanted a resolution that allows for that flexibility while keeping the focus on the key issues. If approved by Council, we will share the resolution with members of the legislature and send to the governor.
FISCAL IMPACT: NA
RECOMMENDATION: “Motion to approve Resolution No. 2022-027 A Resolution Supporting Legislative Efforts to Ensure A Sustainable, Safe, and Reliable Water Supply.”
ATTACHMENTS:
• Resolution No 2022-027
220775
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-027
A RESOLUTION SUPPORTING LEGISLATIVE EFFORTS TO ENSURE A SUSTAINABLE, SAFE, AND RELIABLE WATER SUPPLY WHEREAS, the City holds a water appropriation permit to draw water from the Prairie du
Chien-Jordan Aquifer, which feeds into White Bear Lake, this permit allows the City to provide
safe water to its residents, businesses, schools, and hospitals; WHEREAS, on February 28, 2018, the Minnesota Department of Natural Resources amended the City’s water appropriation permit due to fluctuating lake levels on White Bear Lake and the
resulting advocacy of homeowners on the lake who want sufficient lake levels for recreational
activities; and WHEREAS, the Minnesota Department of Natural Resources (“DNR”), at the direction of a 2021 Ramsey County Court Order in Case File No: 62-CV-13-2414, filed a letter with the Court
on February 7, 2022 illustrating its preparedness to limit the City’s water appropriation permit to
55 gallons of water per day per person on average, along with other municipalities within a 5 mile range of White Bear Lake in order to comply with the Court’s Order; WHEREAS, such proposed restrictions on the City’s water permit present a dire threat to safe
and reliable water access for local schools, hospitals, new housing developments, and other
industries; WHEREAS, the DNR’s potential permits amendments threaten the health, welfare, growth, and prosperity of the City, and surrounding communities, and is an untenable solution to shared use
of the aquifer;
WHEREAS, the issue of groundwater usage from the Prairie du Chien-Jordan Aquifer is a regional concern that involves a significant number of communities across three counties, including their residents, businesses, schools, hospitals, and numerous other public and private
uses.
WHEREAS, recognizing the importance of conservation and sustainability is best achieved through localized strategies;
WHEREAS, the Minnesota Legislature is in a position to provide a legislative solution to
groundwater permitting in the Prairie du Chien-Jordan Aquifer and reinforce the role of the DNR in engaging in water appropriation based on science and public health.
220775
NOW THEREFORE BE IT RESOLVED, the City Council respectfully requests that the
legislature enact legislation that accomplishes the following:
1. Protects municipal water permits, including those arising from the in the Prairie du Chien-Jordan Aquifer, from legal challenges. 2. Directs the DNR to explore innovative options for meeting the water needs of our
residents, hospitals, schools, industries, and future development and ensuring the
sustainability and quality of the state's water resources in and around White Bear Lake and neighboring aquifers. 3. Allowing the DNR the discretion to issue and amend groundwater water appropriation permits as was the case prior to the pending litigation.
ADOPTED BY THE LAKE ELMO CITY COUNCIL THIS 15TH DAY OF MARCH 2022. CITY OF LAKE ELMO
By: _______________ Charles Cadenhead Mayor
By: ________________
Julie Johnson City Clerk