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NOTICE OF MEETING
City Council Meeting
Tuesday,► 10,'
City of Lake Elmo 13800 Laverne Avenue North
Call to Order/Pledge of Allegiance
Approval of Agenda.
Approval of Minute
1. August 2.2016
Public Comments/Inquiries
Presentations
. PromotionofTwo Probationary Firefighters
Consent Agenda
1 Approve Payment of Disbursements
4. Accept July 2016 Financial Statement-,
s. Accept July 2016 Assessor*s Report
. Accept July 2016 Building Department Report
7. Accept July Fire Chief s Report
s. Accept July Public Works Department Report
. Approve Special Assessment Abatement Requested by Washington County -Resolution 201 -6
io. Approve 2016 Seal Coat Project — Pay Request No. I (FINAL)..
Approve 2016 Street, Drainage, and Utility Improvements — Pay Request No. 3.
�. Approve Inwood Trunk Watery ain Improvements -- Pay Request No. 4.
Approve Inwood Booster Station — Pay Request No. 3
Approve Inwood Booster Station — Change Order No. I.
. Approve Inwood Water Tower No. -- Pay Request No. 3
Regular Agenda
16. Dan Creensweig, LMCIT Assistant Administrator
17. CS H 13 (Ideal Avenue/Olson Lake Trail) -- Approve Feasibility Report- Resolution 2016-67
18. CP4 Boulder fonds LLC Zoning Map Amendment/P[1I Amendment- Resolution '08-149
tg. Title XV, Chapter 154 of the Lake Elmo City Code Related to Temporary Health Mare Dwellings -- Ordinance
e
08-1,51
20. Pigeon Ordinance- Ordinance 08-148; Resolution 2016-
21. Fence Ordinance Revisions
22. Village Preserve 2"d Addition Developer Agreement- Resolution 01 -70
3. Hammes Estates Development Agreement -- Resolution 16- 71
24. RFP for Job Classification and Compensation Study
25. An Ordinance Amending The Lake Elmo City Code ofOrdinance by Amending the City`s Provisions Related
o the City Council and Summary Publication,— Ordinance No. -150 Resolution 2016-6'
26.No-Wake High Water Elevation Level for Lake Demontreville and Olson Lake
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LAKE ELMO
If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to
the City Clerk or City Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public
comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and
Committee policy, Please refrain from conversations with others during the meeting, and shouting from the
audience will not be allowed. Being quiet during the meeting is appreciated so that the business of the
governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting, First, an
opportunity will be given at the onset of the meeting for general comment, Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the Item,-
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee
Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and
state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Chair
may interrupt or terminate a czen's statement when it is too lengthy, personal, insulting, abusive,
obscene, or slanderous. Any person acting aunruly manner may be asked to leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other
behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may c oose a
spokesperson to address the governing body, No action will be taken in response to a petition delivered at
a Council meeting, Petitions Will be placed on file and referred to the appropriate staff for consideration
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Name (please print):
Address:
Item#/Topic:
T1 CIT NOF
LAKE ELMO
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item,
if your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(i) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee poPlease refrain from conversations with others during the meeting, and shouting
from the aUdlence will not be allowed. Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting. First, an
opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item;
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. YOU Will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display sighs or placards, applaud participants in debate or engage in Conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council n t e a I
spokesperson to address the governing body. No action will! be taken in response to a petition delivered at
a council meeting, Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
•
i'w, crry ov
LAKE ELMO
ME=
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
*** Decorum Policies ***
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commission
and Committee policy. Please refrain from conversations with others during the meeting, and shoutin
I
from the audience will not be allowed� Being quiet during the meeting is appreciated so that the busine-I
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting. First, an
opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item,
(3) Citizens wishing to speak must sign in and provide their request to the council, commjssion, or
Committee Clerk for distribution to the mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed� You will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement When it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the council on the same subject matter, they may choose a
spokesperson to address the governing body. No action wil I be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action,
Name (please print): _
Address: I I
Item#/Topic:
L4(- V Vcl&o�j
0
/'Ls V'e-. #
T1 IL" CITY OF
LAKE ELMO
If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to
the City Clerk or City Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public
comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, a
Committee policy. Please refrain from conversations with others during the meeting, and shouting from t
audience will not be allowed. Being quiet during the meeting is appreciated so that the business of t
governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting. Fi
oppobe oI
given to speak on an agenda item at the time the governing body addresses the item; rst
rtunity will given at the nset of the meeting for general comment, Second, opportunity will
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or committ
Clerk for distribution to the Mayor / Chair, Upon being recognized, you should proceed to the lectern a
I
state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Ch
I
may interrupt or terminate a dtizen'�s statement when it is too lengthy, personal, insulting, abuslvl�
obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or othi
behavior which may disrupt the proceedings of the Council,
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose
spokesperson to address the governing body, No action will be taken in response to a petition delivered
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for considerati
and recommendation of appropriate action, i
Name (please print):
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Address:— 9 t 10 M (_)AS'T1ZZ_
Item#/Topic-. hILL WA16E
TI JE CITY01-
LAKE ELMO
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If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to
the City Clerk or City Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public
comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and
Committee policy� Please refrain from conversations with others during the meeting, and shouting from the
audience will not be allowed. Being quiet during the meeting is appreciated so that the business of the
governing body can be conducted with full attention to the matter at hand;
lrst,
(2) The governing body will provide (2) opportunities for public comment during the meeting. F1
opportunity will be given at the onset of the meeting for general comment, Second, opportunity will
given to sk on an agenda item at the time the governing body addresses the item,I«.,
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committ
Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern ar
state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/ch
terrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusiv in 1.
obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting.
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behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose
spokesperson to address the governing body. No action will be taken in response to a petition delivered
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for considerati
and recommendation of appropriate action,
Name (please print):
Address:— Z' /—Z 1-c"
ID
Item#/Topic:
T1 I L CITY (N.
LAKE ELMO
If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to
the City Clerk or City Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public
comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(i) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, a
Committee policy. Please refrain from conversations with others during the meeting, and shouting from t
audience will not be allowed. Being quiet during the meeting is appreciated so that the business of t
governing body can be conducted with full attention to the matter at hand,- I
(2) The governing body will provide (2) opportunities for public comment during the meeting. First,
opportunity will be given at the onset of the meeting for general comment,Second, opportunity will
given to speak on an agenda item at the time the governing body addresses the item,-
ing to speaff must sign in and prov request to the Council, Commission, or Committ
Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern a
state your name, address and topic to be discusse& You will be given (6) minutes to speak. The Mayor/Ch
may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusiv
obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. 11
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other
behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the council on the same subject matter, they may choose a
spokesperson to address the governing body, No action will be taken in response to a petition delivered at
a Council meeting, Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
Address: Cb221,
17
L Item#/Topic:c `Z
If
I W CITY OF
LAKE ELMO
City e Elmo Public comment ee
If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to
the City Clerk or City Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public
comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and
Committee policy. Please refrain from conversations with others during the meeting, and shouting from the
audience will not be allowed.. Being quiet during the meeting is appreciated so that the business of the
governing body can be conducted with full attention to the matter at hand;
(2) The governing bendy will provide (2) opportunities for public comment during the meeting. First, a
opportunity will be given at the onset of the meeting for general comment, Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item;
( Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee
Clerk for distribution to the Mayor Chair. ton being recognized, you should proceed to the lectern and
state your name, address and topic to be discussed. You will be given (} minutes to speak. The Mayor/Chair
may interrupt or terminate a citizen's statement when it is toes lengthy, personal, Insulting, abusive,
obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other
behavior which may disrupt the proceedings of the Council.
(r) When a -group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action:
Name (please print). 401"iX y
(X 7 w ro
Address:
111 It," CTIII OF
LAKE ELN40
Lake Elmo City Council Meeting
if you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
*** Decorum Policies
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee policy. Please refrain from conversations with others during the meeting, and shouting
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand-,
(2) The governing body will provide (2) opportunities for public comment during the meeting. First, an
opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item;
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a Council meeting, Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action,
Name (please print):
Address:
Item#/Topic:
\\IJN . \-k\ LL
- �V6
1,11H, CITY 01,
LA K E ELFO
Mu=
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
*** Di6c1rum Policies ***
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee policy. Please refrain from conversations with others during the meeting, and shouting
from the audience will not be allowed, Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand,
(2) The governing body will provide (2) opportunities for public comment during the meetingFirst, an
opportunity will be given at the onset of the meeting for general comment,- Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item,
Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a council meeting� Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
+
Address: 11"Il,', V11
Item#/Topic:
T1 ]I,,' OTY OF
LAKE ELMO
ME=
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commission
and Committee policy. Please refrain from conversations with others during the meeting, and shouti
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the busine
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting, First, an
opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item,�
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak�
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
Insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
sawma, im -*-rti *ownt Y2, r
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
Name (please print):
Address: t Aj
Itenn#/Topic: #��-z( >
T1 IF"
LA K E E L M 0
MR=
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commission
and Committee policy. Please refrain from conversations with others during the meeting, and shouti
from the audience will not be allowedBeing quiet during the meeting is appreciated so that the busine
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting. First, aS
opportunity will be given at the onset of the meeting for general comment; Second, opportunity will 1111-3
given to speak on an agenda item at the time the governing body addresses the itern,I
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission,
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to thl
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to spea
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, person
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked
leave the meeting.
(4) No person shall display signs or placards, applaud partiCipants in debate or engage in conversation
other behavior which may disrupt the proceedings of the Council. I
spokesperson to address the governing body. No action wil I be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
Name (please print): J/
T1 li" CITY Of -
LAKE ELN/10
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item,
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself "dth respect and civility towards others and otherwise abide by Council, Commission
and committee policy. Please refrain from conversations With others during the meeting, and shouti
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the busine
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting. First, an
opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council,
(5) when a group of persons wishes to address the Council on the sarne subject matter, they may choose a
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
Name (please print) -
Address: 7
Item#/Topic:
T1 if" ("ITY011,
LAKE ELMO
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator,
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and committee policy. Please refrain from conversations with others during the meeting, and shouting
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting, First, an
opportunity will be given at the onset of the meeting for general comment Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item;
(3) citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak�
The Mayor/Chair may Interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting In an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
N
-e ilil Ill -3
Item/Topic: NO-
Tj lil�' CITY OV
LAKE ELMO
ME=
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator,
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) C nduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee policy. Please refrain from conversations with others during the meeting, and shouting
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meetlng� First, an
opportunity will be given at the onset of the meeting for general comment,� Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item;
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission,
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to th
I
lectern and state your name, address and topic to be d&ussed� You will be given (6) minutes to spea
I
The Mayor/Chair may interrupt or terminate a czens statement when it is too lengthy, persona
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked is
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Counclk
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
Name (please print):
Address: 7 -7
Item#/Topic: 2, Co /Af Lf k-/c4 (,4 c ri, t,, D. "-'e,
'n it-, crry ov
tAKE ELMO
m3m=
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topics not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commission'
and Committee policy, Please refrain from conversations With others during the meeting, and shouti
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the busine
of the governing body can be conducted with full attention to the matter at hand,, t]
The governing body will provide (2) opportunities for public comment during the meeting, First, an
opportunity will be given at the onset of the meeting for general comment,- Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item,
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair, Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak.
The Mayor/chair may interrupt or terminate a citizen's statement when it Is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
k:)j 'ITnen a group orjFersoTrs-vusnes - ',- 11111 U11 Lit tic 311ject ma ,Twzyilia 17noosea
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
Name (please print):
9-T-M
Item#/Topic:
'�Ckce)-\ S'_"' 161'41
Tj If" CITY OF
tA K E ELMO
-.-
MR=
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
if your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee policy. Please refrain from conversations With others during the meeting, and shouting
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand,-
(2) The governing body will provide (2) opportunities for public comment during the meeting. First, an
opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting In an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action,
Item#/Topic: K" C'�� (
owl
t-j/!
1,
42
-_7
T] If" CITY 01�
tAKE ELMO
111111111111111III 111111111�llillilillill �illillillillillillilli 111111 111111111111 111�11'1
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee policy. Please refrain from conversations with others during the meeting, and shouting
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand,
11;111;111�iliipl��1�1
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair, Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed, You will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
Name (please print): f kVOY
Address: 1\4
THE CITY of:
LAKE ELMO
Mu=
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commission
and Committee pollcy� Please refrain from conversations with others during the meeting, and shouti
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the busine
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting. First, an
opportunity Will be given at the onset of the meeting for general comment; Second, opportunity will be
giventos p eak on an agenda item at the time the governing body addresses the item;
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission ' or
Committee Clerk for distribution to the Mayor/ Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak.
The Mayor/chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting In an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body, No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
q,, , I-) (I Ty -
Address: L0 f
Item #/Topic: 3AO 1 VV ot VV M—W
'n it, crr'y oi,
LAKE ELMO
If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to
the City Clerk or City Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public
comments on each agenda item.
if your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and
Committee policy. Please refrain from conversations with others during the meeting, and shouting from the
audience will not be allowed. Being quiet during the meeting is appreciated so that the business of the
governing body can be conducted with full attention to the matter at hancl,
The governing body will provide (2) opportunities for public comment during the meeting. First, an
opportunity will be given at the onset of the meeting for general comment; Second, opportunity Will be
given to speak on an agenda item at the time the governing body addresses the item,
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or committee
Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and
state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Chair
may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive,
obscene, or Manderous. Any person acting in an unruly manner may be asked to leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other
behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the council on the same subject matter, they may choose a
spokesperson to address the governing body. No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
Name (please print): kt K
Address: o
Item#/Topic:
TI ffl CITY 0I.-
LAKE EL MO
Lake Elmo City Council Meeting
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator,
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
*** Decorum Policies
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee policy. Please refrain from conversations with others during the meeting, and shouting
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meeting. First, an
opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item;
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair, Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body, No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
Name (please print):
Address:
Item#/Topic:
'11 W, CITY of,
LAKE ELMO
MZ=
If you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator,
The Mayor`/ Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
M-M
(1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee policy. Please refrain from conversations with others during the meeting, and shouting
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body Will provide (2) opportunities for public comment during the meeting. First, an
opportunity will be given at the onset of the meeting for general comment,Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item;
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You Will be given (6) minutes to speak.
The Mayor/chair may interrupt or terminate a citizen"s statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may choose a
spokesperson to address the governing body, No action will be taken in response to a petition delivered at
a Council meeting, Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action.
Name (please print):
Address: 769 �-A
Item/Topic:
CITY OF LAKE ELMO
CITY COUNCIL MINUTES
AUGUST 2,2016
Mayor Pearson called the meeting to order at 7. 00 pm.
PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith., Justin Bloyer.,
and Jill Lundgren.
Staff present: Administrator Handt, City Attorney Sonsalla, Public Works Director Weldon and
City Clerk, Johnson.
APPROVAL OF AGENDA
Councilmember Fliflet, seconded ty Councilmember Smith, moved TO REMOVE ITEM 4,
"APPRO VE SER VICE CONTRA CT WITH YOUTH SER VICES BUREA U FOR 2017" TO A
FUTURE MEETING. Motion passed 5 — 0.
Item 9, "Downtown Phase 2 Street, Drainage and Utility Improvements — Approve Cha
I
Order No. 2 — Replacement of the 57" Storm Sewer Arch Pipe," was removed fro, e g einda
by Councilmember Flifiet.
Agenda approved as amended by unanimous consensus.
ACCEPT MINUTES
Minutes of the July 19, 2016 Regular Meeting were accepted by unanimous consensus with a
correction in the date in the header.
KLUM131;
Virginia Pleban, 8245 59th Street North, spoke about a grassroots movement in the city working
on civility, reminded fellow residents to vote and stated public transit in the city would be useful.
PRESENTATIONS
fim
2. Approve Payment of Disbursements
3. Approve Hunting Ordinance
5. CSAH 15 & 10t' Street Intersection — Approve Cooperative Agreement Payment No. 21
6. Boulder Ponds I't Addition — Approve Reduction of Security #2
7. Village Preserve I"t Addition — Approve Reduction of Security #2
8. Easton Village 1" Addition — Approve Reduction of Security #1
10. Approve Purchase and Installation of I New Warning Siren and Monitoring Upgrades
to Original 6 Sirens
11. Approve Temporary On -Sale Liquor License for MN Glamourama-Red Hat Club
LAKE ELMO CITY COUNCIL MINUTES
AUGUST 2,2016
pi�11111 11� lip;
Councilrumber Flifiet proposed a revised Resolution censuring Councilmember Bloyer, stating
that the restrictions in the current Resolution are not legally enforceable and are not being
•
Councilmember Fliflet, �ded by Councilmember Smith. moved TO RESCIND THE
PRETJOUS MOTIONAND RESOLUTION CEIING CO aBLOYER
AND REPLACE IT WITH ME CURRENT RESOLUTION.
C uncilmemberw Bloyer, seconded �111 or• Pearson, moved TO APPROVE THE SPECIAL
EVENT PERMIT FOR HUFF N'PUFF DA YS WITH THE CONDITIONS OUTLINED IN
THESTAFFREPORT
+Catrne linen ber• Lundgren, en, seconded kv Councilmember lif l 1, moved TO AMEND THE
PRIMARY MOTION TO ADP TIM T THE CITY WILL PAY FOR THE COST OF
SHERIFF DEPUTIES FOR HUFF N'P FFDAYS. Motion passed 3 — 2. (Pearson,
Bloyer — nay).
Primary motion passed as amended 3 — 2. Pearson, Bloyer — nay)
ITN 9; Downtown Phase 2 Street Drainage and Utilih, Improvements —Approve
Change Order No. 2 — Replacement of the 7" Storm Sewer Arch Pipe
Councilmember Fliflet stated that the Library Board was not aware of this project and has plans
for work to be done in this area. Councihnember Flifl t added that the Library Board would be
interested in coordinating with the City project to look for cost savings.
Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE
CHANGE ORDER AND ADD CONDITIONS TIL4 T THE LIBRARY BOA BE
NOTIFIED AND STAFF WORK WIT'Tl THE L1BR4R Y DIRECTOR AND CONTk4 :"TOR
TO ATTEMPT TO COORDINATE PROJECTS" FOR COST SA PING OPPORTUNITIES.
Motion passed 5 — 0.
COUNCIL REPORTS
Mayor Pearson Asked residents watching the meeting to support downtown businesses and
reported on attending a meeting; with Met Council and legislators.
Councilmember liflet Attended picnic at the Gun Club, individual meetings with residents
and attended other meetings.
Councilmember Smith: Attended Oakdale Gun Club dinner and encouraged the public to visit
the facility.
CouncilmemberLundgren: Asked the public to support the Lake Elmo Farmers Market on
Saturday mornings, 8:00 — l 1:30 a.m.
Councilmember Bloyer: No report.
STAFF REPORTS AND ANNOUNCEMENTS
Administrator andt. Thanked the public for their support and donations for the military
family coordinated by Beyond. the Fellow ribbon. Attended the Lake Elmo swim pond ribbon
cutting, working on the Sunfish Lake Park nature center, attended Washington County
Administrators meeting and noted that the City will need to update its septic ordinance, met with
Local 49ers representatives.
City Clerk- Johnson: Reported that the Primary Election will be held on August 2 d and all
preparations have been made.
Meeting adjourned at 8:55 pm.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
Julie Johnson, City Clerk
III IF CITY OF
" LAKE ELM
EME=0
if you wish to address the City Council, please fill out the form and give it to the City Clerk or City
Administrator.
The Mayor / Chair will call upon you when it is time for you to speak during the time designated for
public comments on each agenda item.
If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion of the meeting.
I!) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commission
and Committee policy. Please refrain from conversations with others during the meeting, and shouti
from the audience will not be allowed. Being quiet during the meeting is appreciated so that the busine
of the governing body can be conducted with full attention to the matter at hand,-
(2) The governing body will provide (2) opportunities for public comment during the meeting. First., an
opportunity will be given at the onset of the meeting for general comment, Second, opportunity will be
given to speak on an agenda item at the time the governing body addresses the item,
(3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor/ Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak.
The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal,
insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to
leave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When a group of persons wishes to address the Council on the same subject matter, they may c oose a
spokesperson to address the governing body, No action will be taken in response to a petition delivered at
a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation of appropriate action,
"—/ I
Name (please print): To YL L4
Address:
Item#/Topic: 4J,-"��
THE cuy ot-,
LAKE ELMO
MAYOR & COUNCIL COMMUNICATION
DATE- August 16,2016
CONSENT
MOTION - YES
AGE NDAITEM: Promotion of 2 Probationary Members Jererny Penman and Brandan
Peltier to Firefighter status
U=
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item..... ..... -- ... --- ................. ....... Fire Chief
- Report/Presentation .................... ........... ............ ..Fire Chief
- Questions from Council to Staff.::. ... - ............ ...... Mayor Facilitates
- Call for Motion .................................. ..................... Mayor & City Council
- Discussion.......... ..... .......... ..... Mayor & City Council
- Action on Motion ............. —.— ....... ...................... ................ Mayor Facilitates
FISCAL IMPACT- Additional members on the pa 11 at fall pay rates. Back pay to eligibility
yro
date.
SUMMATW AND ACTION REQUESTED- Probationary members, jeremy Penman
Brandan Peltier have successfully completed the requirements of Probation as follows- Stat
Certified Firefighter I & 11, State Certified Haz Mat Operations, First J�esponder and CP
Approximately 200 hours of training. All the while maintaining their response requirements
Duty Crews, All Calls and Training.
Request motion to promote from Probationary Status to Firefighter.
Following Motion and Approval we will administer their Oath of Office and present them with
their badge and helmet.
City Council Meeting [PR ESENTA TIOA7
April 17, 2016
LEGISLATIVE HISTORY: Established hiring process of the fire department.
BACKGROUND INFORMATION (SWOD:
Strengths Addition oft fully trained Firefighters to the Department
Weaknesses
Opportunities Long term Firefighter to serve the community.
Threats Retention
RECOMMENDATION:
MOTION to approve promotion of Jeremy Perunan and Brandan Peltier from Probationary status
to Firefighter with back pay to eligibility date.
Following approval we will administer the Oath of Office and present the new Firefighters with
their helmets and badges.
-- page 2 --
Tf f F.' CATY OF
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: August 16,2016
CONSENT
ITEM #3
MOTION
AGENDA ITEM* Aorove Disbursements in the amount of $1,508,77730
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item..... .................... ................................ — City Administrator
- Report/Presentation ................................................ it Administrator
- Questions from Council to Staff... ...... ............. Mayor Facilitates
- Call for Motion ............. ........ - ...................................... Mayor & City Council
- Discussion ......... ...................... ............. ........ Mayor & City Council
- Action on M.otion ....... ......... ......... Mayor Facilitates
MIN
FISCAL IMPACT: $1,508,777.70
R-Kolunc ii
-- page 1 --
City Council Meeting
August 16, 2016
[ConsentAgenda Item 3]
BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the
fiduciary responsibility to conduct normal business operations. Below is a summary of current
claims to be disbursed and paid in accordance with State law and City policies and procedures.
Claim # Amount Description
ACH $ 15,868.60 Payroll Taxes to IRS & MN Dept of Revenue 08/04/16
ACH $ 7,354.66 Payroll Retirement to PE RA 08/04/16
ACH $ 1,200.00 Payroll Retirement to ICNIA 08/04/16
DD7329-DD7379 $ 41,550.21 Payroll (Direct Deposits) 08/04/16
44673-44680 $ 2,430.00 Accounts Payable 08/09/16
44681-44743 $ 1,440,374.23 Accounts Payable 08/16/16
TOTAL $ 1,508,777.70
,RECOMMENDATION- Based on the aforementioned, the staff recommends the City Council
approve as part of the Consent Agenda the aforementioned disbursements in the amount of
$1,508,777,70.
ATTACHMENTS:
1.., Accounts Payable — check registers
-- page 2 --
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T111" ("ITY01'
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: August 16,2016
CONSENT
ITEM #4
MOTION
AGENDAITEM- July 2016 Financial Reporting
THROUGH: Cathy Bendel, Finance Director
REVIEWE D BY: Kristina Handt, City Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ........... ................. ..... .....City Administrator
- Report/Presentation ...... ............................... ...... City Administrator
- Questions from Council to Staff...:. ............ ..... — ... Mayor Facilitates
- Call for Motion ............ ....... ......... ..... ......... ............. Mayor & City Council
- Discussion ............. ..... -- ............. -- ................... ....... Mayor & City Council
- Action on Motion ......................... ......................................... Mayor Facilitates
SUMMARY AND ACTION RE_QUESTED: As pal t of its Consent Agenda, the City Coun
is asked to accept the July 2016 Financial Reporting Packet, No specific motion is needed as thj
is recommended to be part of the overall approval of the Consent Agenda.
MOM
v M1747fing Trie moninly ana year to Ttate Until, companng me actual results to me 20 F)
Budget.
City Council Meeting
August 16, 2016
[Consent Agenda Item #41
Total revenue for the month was 14.3% above budget for the month of July bringing the year to
date to 37.3% better than budget. The most significant budget to actual revenue variances are as
follows:
• The first installment of the annual levy proceeds were received in July and were slightly
above the budgeted amount. This is typically related to the timing of collections.
• Building pen -nits were $62.4k better than budget for the month bringing the year to date
to $190.3k better than budget. This is due to $70k in building permit revenue in the
month of July for ISD 916. This permit revenue was not budgeted in 2016 due to the
prior Building Official not having the certifications necessary to do the work.
• The MSA maintenance proceeds were received in July that were budgeted in June so this
variance is a timing issue.
Total expenses for the month were 151.7% above budget for July bringing the year to date
expenses to 15.4% lower than budget.. -
The following summarizes variances of note:
General:
e General Government expenses were 33.3% higher than budget for the month bringing the
year to date expenses to 27.6% higher than budget. This was due to legal expenses far
exceeding budget and the 3M litigation costs represented the majority.
* Total Public Safety expenses were 480% higher than budget for the month bringing the
year to date expenses to 11 .9% lower than budget. This was primarily due to receiving
the bill from WA Cry for Policing Services for the first half of the year which was
mentioned last month.
# Public Works — The total Public Works expenses were 33.4% higher than budget for the
month bringing year to date expenses to 49.7% better than budget. This is prim, arily
due to the Seal Coating and Cracking filling having been budgeted in June but the
progress billings have not been received as early as anticipated in the budget. The
project is on schedule and costs will be within the budgeted arnounts. This is just a
tuning issue.
City Council Meeting
August 16, 2016
[Consent Agenda Item #41
In summary, the July revenues were 14.3% better than budget and the expenses were 151.7%
lower than budget resulting in a net income of 9.9% better than budget. On a year to date basis,
the revenues are 27.3% above budget and the expenses were 14.7% less than budget resulting in
a net income of 250.5% better than budget year to date.
The net income for the Library Fund for the month of July was identical to budget bringing the
year to date to $54.9 better than budget. The levy proceeds were received in July as budgeted.
The ending cash balance as of the end of July is $253.4k.
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
accept the attached July Financial Report.
ATTACHMENT:
1. July Financial Reports
--page 3 --
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THE UTYOF
1.1,-tI A
KE ELMO
-MAYOR& COUNCIL COMMUNICATION
DATE: August 16, 2016
CONSENT
ITEM #5
AGENDA 1TEM- Monthly Assessor Report
SUGGESTED ORDER OF BUSINESS:
- Introduction of terr........... ........... _ ......... ...... City Administrator
- Report/Presentation .... ...... ........ _ .......................... City Administrator
- Questions lrom Council to Staff ............. _ ........................ _ .. Mayor Facilitates
- Call for Motion ........................ __ ................... .............. Mayor & City Council
- Discussion ....... ................... .................. _ .......... ........... Mayor & City Council
- Action on Motion....,..;................. .......... _ ....... _ ..Mayor Facilitates
SUMMARY AND ACTION RK(,,�t!LESTED: As part of its Consent Agenda, the City Council is
asked to accept the monthly assessor report for through July 2016 outlining work perfon-ned on behalf
of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent
Agenda.
Property splits/plats —
Taxpayer inquiries — 13
Miscellaneous inquiries - 2
Inspections — Residential — 122; Commercial — 3
Building permit reviews — 41
Pictures taken — 131
Monthly meeting with County residential and commercial supervisors
Input of all inspection and permit work
City Council Meeting
August 16, 2016
C�
[Consent Agenda Item #5]
• Perform sales verifications and land value analysis using NILS and other resources
• Field telephone inquiries
RF,c6MMENDATION.. Based on the aforementioned, th:e staff recommends the City Council
accept the July 2016 monthly assessor report.
-- page 2 --
T1 IE CITY OF
UAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
AGE NDAITEM:
Building Department Report
SUBMITTED BY:
Mike Bent, Building Official
THROUGH:
Mike Bent, Building Official
REVIEWED BY:
Cathy Bendel, Finance Director
RNMERM
Total valuation
i"Ux.&Lwadki w,
I
Im
129
$41,733,774
$321,412
*Includes one home rebuild due to fire
"Includes ISD 916; $10M valuation
59
$20,089,534
$340,501
08/16/2016
M
$12,843,123
RECOMMENDATION Based on the aforementioned, the staff recommends the City Council
accept the July 2016 monthly building permit repom
ATTACHMENTS:
1. Valuation Report
2. Permits Issued & Fees Report
3. Inspection statistic report for July 2016
CITY OF LAKE ELM
Valuation Report - Summary
Issued Irate From: I/l/2016 To: 7/31/201
Permit Type; All Property Type. All Construction Type: All
Include YTIT; Yes
Permit Valuation Dwell
Count Units
Permit Type. BUILDING
COMMERCIAL ALTERATION
1
$15,000 00
0
COMMERCIAL NEW CONSTRUCTION
2
$20, 30,000:00
COMMERCIAL ROOFING
1
$1 3,500 00
0
COMMERCIAL SIGN
1
$97,000. {
0
COMMERCIAL TENNANT BUILDC?I. T
3
$998,629.00
0
COMMERCIAL TENNANT SPACE REMODEL
2
$297,900.00
0
PUBLIC ALTERATION
1
$12,500.00
0
PUBLIC GRADING
1
S2,000,000.00
0
PUBLIC REMODEL
I
$3,823,669:00'
0
SINGLE FAMILY ACCESSORY BUILDING`
2
$50,42 :00
0
SINGLE FAMILY ADDITION
1
$4,500 00
0
SINGLE FAMILY ALTERATION
4
S88,200b()
0
SINGLE FAMILY ATTACHED NEW CONSTRUCTION
21
$3,907,131.00
0
SINGLE FAMILY BASEMENT FINISH
9
$277, 70:0
0
SINGLE FAMILY DECK
23
$366,200 00
t
SINGLE FAMILY DOOR
8'
$12,888 00
0
SINGLE FAMILY DRAIN TILE WATERPROOFING
1
$10,000.00
0
SINGLE FAMILY GARAGE
3
$103,000.00
0
SINGLE FAMILY NEW CONSTRUCTION
108
$17,826,643.11
0
SINGLE FAMILY POOL:
4
$161,000.00
0
SINGLE FILY PORCH
1
$ 0,000.00
0
SINGLE FAMILY REMODEL
12
$263,500.00
0
SINGLE FAMILY PLACER PAIR
3
$33,319100
0
SINGLE FAMILY ROOFING
1
$23,400.00
0
SINGLE FAMILY WINDOWS
21
$172,390.00
0
Permit Type. BUILDING - Total
Period 236
$70,728,76111
0
YTD 230
S70,728,763.11
0
Report Total:
Period 230
$70,728,763.11
0
YTS} 230
$70,728,76 .11
0
8/8/2016 Page I of I
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CITY OF LAKE ICI. MO
Inspection Statistics Report - Detail
Actual
Date From:
711/20.16 To: 713112016
Permit Type. All
Property Type,
All Construction
Type:
All
Inspection Type
Pass
Fail No Status
Reinsp
Period Total
YTU Total
ACCESSIBILITY
0
0
0
0
0
2
ENGINEER ACCEPTANCE LETTER
1
0
0
0
1
2
ADDITION FINAL
0
0
0
0
0
1
AS BUILT
39
0
0
0
39
74
AIRTEST
1
0
0
0
1
8
BUILDING FINAL
16
4
0
2
22
179
DECK FINAL
2
1
0
0
16
DECK FOOTING
0
0
0
0
0
4
DEMOLITION FINAL
0
0
0
0
0
1
DECK FRAMING
0
0
0
0
0
1
DRAINTILE
0
0
0
0
0
1
ELECTRICAL FINAL:
6
0
0
0
6
129
ELECTRICAL ROUGH IN
2
0
0
0
2
61
EMERGENCY LIGHTING
0
0
0
0
0
3
ESCROW FINAL,
48
2
0
0
50
77
FIRE ALARM FINAL
0
0
0
0
0
1,
FOUNDATION INSULATION
1
0
1
0
2
12
FENCE FINAL
0
2
0
0
2
6
FINAL
6
1
0
0
2
32
FIREPLACE ROUGH IN
15
1
0
0
16
126
FIRE
0
0
0
0
0
FOUNDATION
15
0
1
0
16
143
FOOTINGS/SLAB
28
2
0
l
31
212
FIREPLACE FINAL
0
0
0
f
0
3
FOUNDATION PRIOR TO BACKFILL
0
0
0
0
0
FRAMING 2
0
0
f
0
0
5
FRAMING
28
2
1
2
3"a
220
FRAMING ROUGH IN
1
0
0
0
1
7
FIRE RATED WALL ASSEMBLY
0
0
1-
0
1
1
FIRE SEPERATION WALL
4
0
0
0
4
42
FIRE SUPPRESSION FINAL
4
2
0
0
6
28
FOUNDATION 1 WATERPROOF 1 DRAIN
15
0
0
0
15
123;
GA LINE t PRESSURE TEST
14
1
0
2
17
160
GRADING
0
0
0
0
0
'
HEATING ROUGH 2
5
0
0
0
5
12
HOUSE WRAP
0
0
0
0
0
6
IN FLOOR HEAT AIR TEST
2
0
0
0
2
6
INSULATION
17
3
33
26
165
KLMA ACCEPTANCE REPORT
0
0`
0
0
0
1
LATH
19
1
0
1.
21
98
HEATING FINAL
23
2
0
2
27
171
HEATING ROUGH 1N
29
0
0
1
30
194
FIRE SPRINKLER ROUGH
0
0
0
0`
0
19
OCCUPANCY FINAL
0
0
0
0
0
OTHER
0
0
0
0
0
2
PIER FOOTINGS
0
0
0
0
0
1
PLUMBING BASEMENT ROUGH
0
0
0
0
0
3
PLUMBING FINAL
30
0
0
0
30
19
POOL FINAL
0
0
0
0
0
1
PLUMBING ROUGH IN
21
1
0
2
24
176
PLUMBING ROUGH 2
0
0
0
0
0
2
8f812016 Pagrc I oft
PLUMBING UNDERGROUND
RADON POLY
INS 'E TION
REMODEL FINAL:
ROOFING FINAL;
ICE & WATER
ROUGH
SEWER& WATER
SEWER
SHEATHING
SIDING FINAL
FOOTINGS SIGN
SILT FENCE
SITE MEETING
SPRINKLER FINAL
SPRINKLER ROUGH I
STRUCTURALSTEEL
STORM SEWER
15" Buoy per ordinance
TANK REMOVAL
UNDERGROUND
V13WD PERMIT
VISUAL
WATER SOFTNER
WINDOW REPLACEMENT
Report Totals
Pass Fail No States Reinsp I
0
0
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2'7
0
1
0
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0`
0
0
0
0
0
0
0
0
0
6
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
14 19
I
2
0
0
5
4
15
0
J
0
0
L
0
0
1
0
0
0
0
0
0
523
139
134
1
5
7
29
126
1
7
1
3
2
6
10
2
2
7
1
1
4
19
8l/2016 Page 2 of
T1 f1i (31NOF
,LAKE ELM O
MAYOR& COUNCIL COMMUNICATION
DYAWN — P-PAW
CONSENT
ITEM #7
MOTION
AGENDA ITEM: Monthly Fire Department Update
SUBMITTED BY: Greg Malmquist, Fire Chief
THROUGH: City Administrator
SUMMARY AND ACTION REQUESTED: Review monthly activity update from fire
department. Advise on any additional information requested.
STAFF REPORT:
28 calls for the month of July.
Fire — 3
EMS — 15
Hazardous (Gas line struck) - I
Good intent Call,— I
Accident with Injury - 5
False Alarm -I
Search and Rescue — I
Special incident call — I
10 of the 28 calls had 3 or less responders on apparatus from the stations.
Our monthly average response time was 7 minutes.
Department drills for the month were:
#I - Officer meeting.
#2 - Electrical and Gas Emergency response,
#3 — Wildland Search and Rescue in Sunfish Park
3 staff attended a CEU make-up class for Flammable liquid response.
POINTS OF INTEREST:
On July 41h, we brought a truck and paiticipated in the Annual Kid's parade.
-- page I --
City Council Meeting [Consent Agenda Itent #7)
.August 16, 2016
We were on a nearly 4 hour Search and Rescue call this month in the Park Reserve involving a
coordinated search with Law Enforcement; Pack Staff; and a State Patrol Helicopter.
One member completed and is now a Nationally Registered EMT bringing our total upto 3
-- page 2 --
IMAGETREND
0 LEFD monthly recap
01 0:10 Building fire
16:40:00
7/1/16
3
3170
00:10 Building ftre
... ., ,,. .:.
16:40:0011"
7t1/16
4 11
317
..�
00:10 Building fire
. .....
16,40:00
, ,.. .. , ,..
7/1116
M
2
, ,.......,
3186.
00:10 Building fire
16:40:00
711/16
1
CVi
00:10 Building fire
16:40:00
7/111
t
C 2
incident Number (FD1,6): 000216
00:09 EMS call, excluding vehicle
20:35:00
712116
1
3170
accident with injury
.. . ... . ,:. . . ...
a .. .. . . . .. . .. ..n. ....
00:09 EMS call, excluding vehicle
.:.
20:3 :00
.:,
7/2/16
.. „„ ,
1
3173
accident with injury
00:09 EMS call, excluding vehicle
20:35:00
712/16
2
1 WA
accident With injury
Incident Number FD1.5): 000216
00:16 Alarm System activation, no fire -
22:34:00
unintentional
00:16 Alarm system activation„ no fire -
22: 4:00
unintentional
00:16 Alarm system activation, no lire
2:34:00
unintentional
Incident Number (FD1.5): 000217
00:06 Motor vehicle accident with
23:18:00
injuries
00:06 Motor vehicle accident with
23-1 1,18:00
injuries
:06 Motor vehicle accident with
2:18:00
injuries
00:06 Motor vehicle accident with
23:18:00
injuries
Incident Number FD1. ): 000218
00:06 Building fire
18:42:00
II8.42. 0
7/4/16 1
714/16
2 3175
2 3186
714/16
2
3170
714/16
�..
3
..... .... _.,..
3173
7/411 6
1
3180
7/4/16
2
-11An
715/16
715/16
4
3175
Building ire
n.
18:42:00
7/5/16
9
3180
00.06 1Butidin9 fire
18.42:00
7/5/16
3
3186
00:06 Budding fire
18:42.00 „
11 71511
1
V 1/16
00:06 Building fire
1 AZ00
7/5/16
CV2
Incident Number (FI1.5): 00021
00:08 EMS call, excluding vehicle
04:12:00
716116
2
3173
accident with injury
00:6 EMS call, excluding vehicle '
04:12:06
716/16
2
3180
accident with injury
00:08 EMS call, excluding vehicle
04:12:00
7/6116
1
CV2
accident with injury
Incident Number (FD1.6)» 000220
00:03 EMS call, excluding vehicle
0 :01:00
7/6116
2
3170
accident with injury
00:03 EMS call, excluding vehicle
05:01:00
716/16
2
3180
accident With injury
00:03 EMS call, excluding vehicle
05:01:00
716/16
1
CV2
accident With injury
Incident Number (Ft01.5): 000221
:01 Good intent call, other
11:26:00
7/7116
1
3170
00:01 Good intent call, other
11:6:00
7/7/16
1
3180
00:01 Good intent call, other
11:26:00
717/16
1
CV1
of 5
Printed On: 08/03/2016 01:39:14 PM
Time Dlff :Alarm - Fire Incident Typo
Incident Arrival Time
Incident Date (FOU)
Apparatus Personnel Number of Apparatus to
People
Arrival :
00:01 Good intent tall, other
..
(FDI.27)
11:26:00
717116
CV2
Incident Number (FD1.5): 000222
00:04 Motor vehicle accident with
08:33:00
7l8116
2
3173
injuries
00.04 Motor vehicle 11 accident 11 with
033:00
718116
1
310
injuries
00:04 Motor vehicle 11 accident with
0 1 8 1 :33 :00
7I8116
1
CV1
injuries
Incident Number (Fi1.5): 00022
00:00 Gas leak (natural gas or LPG)
14:48:00
718116
1
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114 48:00
718116
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14A&00
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Incident Number (FDI,5): 000224
00:05 EMS call, excluding vehicle
1:50:00
719116
2
3170
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00:05 EMS call, excluding vehicle
13:50:00
719/16
2
317
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13: 0:00
719116
4
3180
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13:50:00
719116
1
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13:50:00 —1111111
719116
1
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Incident Number (FD1.6): 00025
1
00:06 Search for person on land
22:18:00
7/10/16
1
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00:06 Search for person on land
22:18:00
7110/16
1
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1 2 2:18:00
7110116
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22'18:00
7110/16
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22:18:00
7(10116
2
3188
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22:18:00
7110116
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00:06 Search for person on land
22:18:00
7/10116
1
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Incident Number (F ILS); 000226
00:07 EMS call, excluding vehicle
1 :27.00
7111/16
2
3173
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00:07 EMS call, excluding vehicle
12: 7:00
7/11/16
1
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00:07 11 EMS 11 call, excludin gd vehicle
12:27:00
7/11/16
1
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Incident Number ( D1.6): 00022
00:13 EMS call, excluding vehicle
19:17:00
7112/16
1
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00:13 EMS call, excluding vehicle
19:17:00
7/12116
2
3173
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00:13 EMS 11 call, 11 excluding11 vehicle
19.17:00
7/12116
2
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00:13 EMS call, excluding vehicle
19:17:00
7/12116
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Incident Number (1`01I S): 0002213
00:02 Special type of incident, other
10:55:00
7/13/16
3
317
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7/13116
1
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00:02 Special type of incident, other
10. 5.00
7/13116
1
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Incident Number (FD1,6): 000229
00:07 Motor vehicle accident with
0 :3U0
7116/16
1
3170
injuries
Fainted On: 08/03/2016 01:39:14 Plot
2 of 5
Time Dift : Marx» - Fire Incident Type
Arrival
Incklord Arrival Time
Incident taste IFM3p
Apparatus Personnel Number of Apparatus 13 ;
(FD ,27)
People
00 07 Motor vehicle accident with
03:30:00
7/16/16
3
3173
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03:30:00
7/16/16
4
3180
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00:07 Motor vehicle accident With
03:30:00
7116/16
1
CV2
injuries
Incident Number F 1.5). 000230
00:09 EMS call, excluding vehicle
06:3:00
7119/16
3
3173
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06:3 :00
7/19/16
1
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318
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14:11:00
7119/16
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7/19/16
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Incident Number (FD1.5): 000232
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7/19916
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7119/16
3183
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18:16:00
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1
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Incident Dumber FC11.5): 000233
00:10 Motor vehicle accident with
00:1 .00
7/21/16
2
3173'
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00:10 Motor vehicle accident with
00:15:00
71 1/16
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3186 .
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00:10 Motor vehicle accident with
00:15:00
7/21/16
1
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injuries
Incident Number (FD1,5): 000234
00:08 EMS call, excluding vehicle
07:1 :00
7123/16
1
3170
accident with injury
00:08 EMS call, excluding vehicle
07:18:00
7/23/16
3
3173
accident with injury
00:08 EMS call, excluding vehicle
07:18`00
7123/16
1
3180
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00:08 EMS call, excluding vehicle
07:18 00
7123116
3
3183
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00:08 EMS call, excluding vehicle
07:18:00
7/3/16
1
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Incident Number (FD1.5): 000236
00:13 Motor vehicle accident With
09:32:00
7123116
1
3170
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00:13 Motor vehicle accident with
09:32:00
7123/16
3
3173
injuries
00:13 Motor vehicle accident With
09:32:00
7/23/16
1
3180
injuries
13 Motor vehicle accident With
09:2:00
7123/16
2
3186
injuries
Incident Number (F 1.5), 000236
3of5
Printed On: 08/03/2016 01:39:14 PM
Tlrrse Ditr r Alarm - Fire Incident Type
Incident Arrival Time
Incident Data (FC 3)
Apparatus Personnel Number of Apparatus 10
people
Arrival
00:09 EMS call, excluding vehicle
(FetzT)
22:31:00
7124/16
1
3170
accident with injury
00:09 EMS call, excluding vehicle
22:31:00
7/ 4116
2
3173
accident with injury
00:09 EMS call, excluding vehicle
2 :31:00
7/24/16
2
3183
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2211 :31:00
7124116
1
CV2
accident with injury
incident Number (F 1.5): 000237
00:10 EMS call, excluding vehicle
00:12:00
7/27/16
2
3170
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00:12:00
7/27/16
2
3180
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all, exclud. ing vehicle
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00:12:00
7127116
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Incident Number (FCt1.5): 000239
00:10 EMS Call, excluding vehicle
21:17:00
710116
3
3173
accident with injury
00:10 EMS call, excluding vehicle
21:17:00
7/30/16
3
3183
accident with injury
00:10, E11 MS 11 call, excluding vehicle
21:111 7 00
7/30116
1
CV2
accident with injury
Incident Number (FD1. ). 000240
00:09 EMS call, excluding vehicle
231,59 00
7/30/16
2
3170
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01U9 1=11 MS call, excluding vehicle
23:59:00
7/ 0116
2
3173
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11 00:09 EMS call, excluding vehicle
23:59:00
7/3011 ft
1
3183
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0009 11 EMS call, excluding vehicle
23:59:00
7130116
!
CV2
accident with injury
Incident Number (FI31,5): 000241
00:07 EMS call, excluding vehicle
12:08:00
7/31/16
2
3170
accident with injury
00:07 EMS call, excluding vehicle
111 2:08:00
7131116
2
3173
accident with injury
00:07 EMS call, excluding vehicle
12:08:00
7/31/16
2
3180
accident with injury
00:07 11 EMS call, excluding vehicle
12:08:00
7/31116
4
3183
accident with injury
.
00;017 EMS 11 call, 11 excluding vehicle
12:08:00
7/31/16
1
CV1
accident with injury
00:07 EMS'call, excluding vehicle
12:08;00
7/31116
1
CV2
accident with injury
Incident Number (FC11. ). 0241
00:14 Building fire
02: 5:00
7/28/16
1
3170
11 00`.14 Building It
02:55:00
7128/16
4
317
00:14 Building fire
02:55:00
7128/16
1
3180
00:14 Building Ore
02:55:00
712 8/ 16
1
CV2
Report Filters
Incident Crate: is between `07/0112016'
and '07/31/2016'
Description
Response Time - LEFD alarm to arrival by apparatus
4 of 5
Printed Can: 08/03/2016 01.:39:14 PM
Diff : Aisrin • Fire Im Adent Type Incident ordeal Vote Incident Date (Fl
at (FDL27)
APPssatus Personnet Number at Apparatus ID
People
S of S Printed On: 08/03/2016 01:39.4 P
City of Lake Elmo Public Works Department
Monthly Report
july 2016
Below is a brief list of activities taking place over the past month within the Public Works Dept.
0 Utility walk through inspection in Village Preserve
* 300 tons of road salt (carry over from 80% min. order 2015-2016 winter)
* Repairs made to chemical feed addition control unit at Lisbon Ave. Lift Station
0 63 tons of asphalt applied to potholes/patches.
• Lake Elmo Heights
• Old Village Streets
• 31"Stbetween CSAH14and CSAH6
• Fox Fire Estates
• Upgrade to Water Tower`#2 communication system after July 19'n system failure.
• Upgraded 94 Lift Station (Hudson Blvd.) controls to work with existing SCADA system
• Equipment repairs to:
* 2000 Chevy Pick-up = repair holes in cab floor (4-new tires still needed)
* 2004 John Deere Ditch Mower = new speed sensor and solenoid
* 1998 GM C Pick-up = new radiator
* Small misc. repairs to lawn mowers
• Meetings w/ Wash. Co. and Focus Eng. regarding Traffic Signal and Roundabout Maint.
• Bid requests for = City Hall Sidewalk Replacement, PW Roof leaks, Tree Removal on
Hill Trial Drain Field., Spring Clean-up Day
� � e
-
TI I E' CITY OF
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: August 16,2016
CONSENT
ITEM# 9
END ITEM Approve Special Assessment Abatement Requested by WA Cty
SUBMITTED BY: Cathy Bendel, Finance Director
THROUGH: Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS:
Introduction of Item ............................... .............. ............... City Administrator
Report/Presentation, ............. ........ ................ City Administrator
Questions from Council to Staff ... ............... ........ Mayor Facilitates
- Call for Motion ..... - ................. ...................... .... Mayor & City Council
- Discussion...:... .......... . ............. -- .......... Mayor & City Council
- Action on Motion ..... ..................................................... ........ Mayor Facilitates
HOMMUMM
unt"'Will RMIN11 lam
# ILIA]
IwIll Cvvwl LIM VetinquIll T?11"y as'sessments were allowea to
parcel in their system. Historically these would not have been processed and would have
rejected from their system. Once posted to their system, an abatement form is required to
correct,
Rk!LOMMENDATION- Approve the attached Resolution 2016-66 approving an abatement of
the delinquent utility assessments posted to a tax forfeited parcel.
1. Resolution 2016-66
1 WA Cty abatement form for 01.029.21.11.0008
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
r
APPROVED by the take Elmo City Council on this a
" day of August, 2016.
By
Mike Pearson
Mayor
Julie Johnson
City Clerk
WASHINGTON COUNTY ASSESSMENT DIVISION
APPLICATION FOR ABATEMENT - +GENE' L FORM (NI.5.) 375.192
CLASSIFICATION 1 DISASTER. CREDIT / SPECIAL ASSESSMENTS
"r sheet ## Assessment Year: 2015_
Payable 'year: 20 0
PLICANT
Owner's Name (please print or type) Soc. See. /Fed ID Phone Cell
Tax Forfeit Land - State of M
Owner's Name Soc. See. /Fed ID Phone Cell
Owner's Name Soc. Sec, !l d 17 Phone Cell
Owner's Mailing Address Property Address (if different from mailing address)
500 Lafayette Road
City State_ _ Zip City State Zip
St. Paul MN 5555
DESCRIPTION OF PROPERTY
Property ID Number MP Number
01.02 11.I tOOO
Legal Description of Property City or Township School D: trict 'TAG
Lake Elmo 034
ASSESSOR'S ESTIMATED M T VAL
Original:
Land EMV lrnprovement EMV Total Classification
Revised:
Land EMV Improvement EMV Total Classification
Applicant's Statement of Facts:
Tide City ttf Lake Imo assessed tots parcel for ur pa€d utility_ [f T l ispar el was its a tax forfeit status and the transaction should no have
been to be abated:
Applicant's Request:
Abate the sp iall assessment amount of 140,50 for Pay 1 fi
rplicant's Stgnatnre. Date
Neste, Minnesota Statute's 1988, Section 609 4I, "Whoever, in malting any statement, oral or written, which is required or authorized by
to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material
...utter wliieh the maker of the statement knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more
than one year or to payment of a fine of not more than $3,000.00 or both.
Note: Must include City/Township Resolution for reductions on assessments
Note: Must include Fire report for Local 02tion Disaster Credit
OFFICE; USE ONLY
Market Value
__ ._.�...W
Tax and
Other Special
Class
Land Ina roveaaaent Total Tax Ca acts
tither Credits
Asnus Total Pa able
LNTC
L...e I
TIF
Line 2
FD
Tine 3
STATE
Line 4
RNIV
Line S
P4VR LN CR
Total
AG CR
HNIST CR
TOTAL
T4'Iiii"Iet Valae
Tax and
tither Special
Class
Land Ina rovenacut Total Tax Capacity
Other Credits
Assorts Total Pa °aide
Pro osed
L1TC
Line I
TIT
Line 2
FD
Line 3
STATE
Line 4
RPVIV
Line S
PWR L,N CR
Total
AG CR
MST CR
...TOTAL
TQTALa RED,U-,C I0
.,., .
REPORT OF INVESTIGATION
Tax is paid as of
Local Tax mate:
0 Tax DIGIT paid as of.
RNIV Rate.
After s xa ruin tla aLs sl€cant'S clasins l have caYcEis11 investigatecatio_l and find the facts to be as follows,
..,.....,.,.... ....�....., �...�,.............
Date
CERTIFICATE OF APPROVAL _ COUNTY ASSESSOR
rVtate: (antler $10,000) For this abatement to be approved, the Assessor and Director vfPr caperiv Records ami Taxpgyer° Services moist bothfavorabv recommend its adoption.
ASSESSOR'S RECOMMENDATION iNDATION (County Assessor or City Assessor)
CRITERIA:
Approved Denied Assessor's Signature Date
DIRECTOR'S RECOMMENDATION
Approved Denied Director's Signature Bate
0 1 C:
COUNTY BOARD OF COMMISSIONER'S — COUNTY AUDITOR
'tez For abatements resulting in a change of lld.ir00 and above including ta.v, penalh) and interest. For this abatement to be approved, the Assessor, DirectorofProperty
Records and TaxpqverServices, and the County Board of Ccrnmrissionera must allfavorably recommend its adoption,
Approved Denied Auditor's Signature Dante
i certify that at a meeting held (month, day) (year) the; County Beard of Coauaaissioners tools the above action on this
abatement. This action was daily adopted and entered upon the minutes of its proceedings as a public record, showing the names of taxpayers, other concerned persons and the
amounts involved.
THECHNOF
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: August 16, 2016
CONSENT
ITEM # 10
AGENDA ITEM 2016 Seal Coat Project — Pay Request No. I (Final)
SUBMITTED BY: Ryan Stempski, Project Engineer
THROUGH: Kr'sting Handt, City Administrator
REVIEWED BY: Cathy Bendel, Finance Director
Rob Weldon, Public Works Director
Jack Griffin, City Engineer
SUGGESTED ORDER OF BUSINESS if rentoved from dw Consont A fronda)
- Questions from Council to Staff-...... ............. Mayor Facilitates
- Public Input, if Appropriate.. . .......... ...... ..Mayor Facilitates
- Call for Motion ........ .................... ............ Mayor & City Council
- Discussion., ......................... ... ---- ..... ................ Mayor & City Council
- Action on Motion,.....;.. ........ ..... ...... -- ..... ... Mayor Facilitates
ta-MININW—ky
-------------
IN -T- -11-Taun 17, -M-77rK lJoull: project wan V7 est LaKetanct - i
IT T.•a lowns "ip—.
In addition, the project at completion remains within the authorized total project budget of
$158,375.00 which includes engineering.
111111� I I I I I I I I I I I � 1 111 1 1 111 111 i I
U IN la Im fail
0-MMMM14
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-- page 1 --
City Council Meeting [Consent Agenda It in 101
August 16,2016
Township. The work actually completed for Lake Elmo streets was $150,750.00, or $2,125.00
(1,4%) less than the original Contract amount. Per. the Joint Services Agreement, West Lakeland
Township will be invoiced $56,618.44 for their portion of the construction costs.
The final total project cost for the Lake Elmo portion of the project, including construction and
engineering was $154,750,00; $150,750.00 in construction and $4,000 ($7,000 total - $3,000
reimbursed by West Lakeland) for design and construction engineering services.
RF,COMMENDATIl ommending that the City Council 4pprOvel, as part of the
Consent Agenda, Pay Re rom the
quest No. I (Final) for the 2016 Seal Coat prcject� ff removed f
consent agenda, the recommended motion for the action is as follows:
ATTACH LA�ET S :
1. Partial Pay Estimate No. I (Final).
2. Engineer's Certification of Completion.
N kS.
x . C'
# 6 SEAL COAT PROJECT
PROJECTPERIOD OF a
TE
OM R, 6 x To R �
PROJECT
CONTRACTOR,
"PEARSON OR
OTHERS, INC.
NORTH
LAKE #,
ATTN., JACK GRIFFIN, P.E., CITY ENGINEER -J HANOVER, MN!;!;341
Approval
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* ' ORIGINAL
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REVISED DAYS
PINAL COMPLETION.
CERTIFICATION:8/31/2016
certifiesFOCUS Engineering, Inc,
The undersigned
- #
knowledgerk has been reviewed and to the
best of their
t belief,
correctestimate are # the work has been Performed
„reMllty
contractwith the # #.: «.
R x
DATE
CONTRACTORS
} R
*
The undersigned Contractor c CONTRACTOR
knowledg ertifies that to the best of
e"niormatlon and
belief
covered RthisR.
yment
estimate has been
documents,th the
«ct
"
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DATE
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CITY OF LAKE ELMO, MN 2016 SEAL COAT T PROJECT
CERTIFICATE ICAT'E OF COMPLETION
DATE OF ISSUANCE. Au14ust 16, 2016
PROJECT NO, 201& 118
This Certification of Completion applies to all work under the Contract Documents
This Certification of Completion applies to the following specified parts of the Contract Documents
I do hereby certify that the work to which this Certificate applies has been >constructed in
accordance with the Contract dated May 16, 2016, The above -mentioned improvement is hereby
declared to be complete and acceptance of this work is recommended.
DATE OF COMPLETION: August 16, 16
Frank Borich Rea No 53559
FOCUS Engineering, inc.
T14E WARRANTY PERIOD BEGINS Au ust _16,2016 AND ENDS August 16, Zt11'7
T1 4 E CITY ()F
LAKE ELMO
0=0=00--- MAYOR& COUNCIL COMMUNICATION
DATE: August 16, 2016
CONSENT
ITEM # 11
AGENDA ITEM: 2016 Street, Drainage, and Utility Improvements — Pay Request No. 3
SUBMITTED BY: Chad Isakson, Project Engineer
THROUGH: Krishna Handt, City Administrator
REVIEWED BY: Jack Griffin, City Engineer
Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS i ,Xretnot,ed from the Consent Agenda):
- Questions from Council to Staff ...... Mayor Facilitates
- Public hiput, if Appropriate. .. ..Mayor Facilitates
- Call for Motion — ......................... .................................. Mayor & City Council
- Discussion ....................... ................................. ......... ... Mayor & City Council
- Action on Motion ..... .................. ....................... — .... ..... � . Mayor Facilitates
SUMMA� Y AND ACTION REQUESTED* The City Council is respectfully requested to
consider approving Pay Request No. 3 for the 2016 Street, Drainage, and Utility Improvements
project.
LEGISLATIVE HISTORY/BACKGROUND INFORMATI : FlArdrives, Inc., the
Contractor for the project, has submitted Partial Pay Estimate No. 3 in the amount of
$08,652.43. The request has been reviewed and payment is recommended in the amount
requested, In accordance with the contract documents, the City has retained 5% of the total work
completed. The amount retained is 38,957.25.
RECOMMENDATTO : Staff is recorarnending that the City Council consider approving, as
Part of the Consent Agenda, Pay Request No. 3 for the 2016 Street, Drainage, and Utility
Improvements project. if removed from the consent agenda, the recommended motion for the
action is as follows.
-- pagc 1 --
City Council Meeting
August 16, 201
[Consent Agenda Item H
"Move to approve Fay Request No. 3 to F ardriv s, Inc. in the amount of $138,652.43 for the
016 Street, Drainage, and Utility Improvements".
ATTAt"HMENT S >
1. Partial Pay Estimate No. 3.
page 2
PROJECT PAY FORM
PARTIAL PAY ESTIMATE NO, 3
FOCUSENIGINEERING,
inc.
2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS
PERIOD OF ESTIMATE
PROJECT No. 2015.129
FROM 7/1./201
To 7/29/2016
PROJECT OWNER:
CONTRACTOR:
CITE' OF LAKE ELMO
HARDRIVES, INC.
3800 LAVERNE AVENUE NORTH
14475 QUIRAM DRIVE
LAKE ELMO, IVIN 55042
ROGERS, MN 55374
ATTN: JACK GRIFFIN, CITY ENGINEER
ATTN: MICHAEL LEVER, PROJECT
MANAGER
CONTRACT CHANGE GIRDER SUMMARY
PAY ESTIMATE SUMMARY
No.
Approval
Amount
1. Original ContractAmount1,189,610.
Date
Additions
Deductions
2. Net Change Order Sums
$32,976.55
1
7/5/2016
$32,976�55
3. Revised Contract(1+2)
$1,222,586.88
4. *Work Completed
$779,145.08
S. *Stored Materials
$0.00
6. Subtotal (4+5)
$779,1.45.09
7. Retalnage* 5.0%
$38,957,25
8. Previous Payments
$601,535.39
TOTALS
32,97&55
$0.00
9. Amount Due (6-7-8)
$138,652.43
NET CHANGE
$32,976.55
*Detoiled Breokdown ,Attached
CONTRACT TIME
START DATE: 4/18/2016
ORIGINAL DAYS 165
ON SCHEDULE
SUBSTANTIAL COMPLETION: 8/12/2016
REVISED DAYS 0
YES E
FINAL COMPLETION: 9/30/2016
REMAINING 63
NO
ENGINEER'S CERTIFICATION: FOCUS Engineering, inc:
The undersigned certifies that the work has been reviewed and to the
best of their knowledge and belief, the quantities shown in this
estimate are correct and the work has been performed in accordance ENGINEER
with the contract documents; 8/5/2016
DATE
CONTRACTOR'S CERTIFICATION: CONTRACTOR
The undersigned Contractor certifies that to the best of their
knowledge, information and belief the work covered by this payment
estimate has been completed in accordance with the contract BY
documents, that all amounts have been paid by the contractor for
work for which previous payment estimates was Issued and payments
DATE
received from the owner, and that current payment shown herein is
now'due,_
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
BY BY
DATE DATE
FOCUS Engineering, inc,
PROJECT PAYMENT FORM
PARTIAL PAY ESTIMATE NO. 3
2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS
FOCUSENGINEERING,
inc.
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO2015.129
CONTRACT
THIS PERIOD
TOTAL TO DATE
ITEM
DESCRIPTION OF PAY ITEM
UNIT
QUANTITY
UNIT PRICE
AMOUNT
QUANTITY
AMOUNT
QUANTITY
AMOUNT
DIVISION I - KIRKWOOD AVENUE NORTH
I
1
MOBILIZATION
LS
1
$9,000,00
59,00000
(LED
$4,500,00
0.50
$000,00
2
TRAFFIC CONTROL
LS
1
$1,284.36
$1,284,36
OSO
$642,18
olso
$642,18
3
SILT FENCE
LF
4,428
51.00
$4,42800
0.00
$0.00
31825k0
$3,825.00
4
SIOROU, DITCH CHECK
EA
20
$6412
$1,284,40
0.00
$0,00
0.00
$0,00
5
SALVAGE MAILBOX
EA
11
$2636
529436
7100
$187,32
7,00
5I8732
6
SALVAGE SIGN
CA
3
$16.05
WAS
0.00
$0.00
EGG
SLIGO
7
SAWCUT BITUMINOUS PAVEMENT
LF
97
$3.48
$337,56
0.00
$0.00
040
SOLD
a
REMOVE & DISPOSE OF EXISt BITUMINOUS PAVEMENT (DRIVEWAYS)
SY
29
$8.24
$93.96
0100
$0.00
0.00
$0GO
9
COMMON EXCAVATION (EV) (P)
CY
2,854
$13.73
IS35,18SA2
oloo
$0.00
oloo
$0D0
10
SUBGRADE EXCAVATION (RECONSTRUCT AREAS) NV)
Ly
400
$7,57
$3,028,00
0,00
$0.00
0,00
$0,00
11
SUBGRADE PREPARATION
BE
19
$54.06
51,027,14
OLD
$oloo
oloo
$040
11
SELECT GRANULAR BORROW (STREETS) fCVI (P)
CY
2,035
$14,60
$29,711,00
0.00
$0GO
0,00
$0,00
23
SELECT GRANULAR BORROW (SUBGRADE FXCAV.) (CV1
CY
400
$14.60
$5,940.00
0.00
RoDo
0.00
0.00
14
CLASS 6 AGGREGATE BASE (CV) (P)
CY
655
$27.03
$17,704,65
oloo
$0.00
OXXI
$0,00
15
PATCH GRAVEL DRIVEWAY
TN
53
$19.46
$1,031,38
0.00
$0,00
040
$0,00
16
AGGREGATE SHOULDERING
TN
164
$22,49
$3,688,36
oloo
$0.00
BIDS
$0,00
17
TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,S)
TN
$11
$52,65
$26,904,15
oloo
$0,00
0,00
$0,00
is
TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,0)
TN
680
$4740
$32,232,00
598,41
$21,890,63
588.41
$27,890:63
19
BITUMINOUS MATERIAL FOR TACK COAT
GAL
301
51.96
$589,96
ODD
$0,00
FLOG
$0.00
20
TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE 12,8) IDRIVEWAY)
SY
29
$15,00
$435DO
Goo
$0D0
oloo
$uo
21
SAW & SEAL STREET (40'INTERVALS)
UP
1,265..52AS
$3,137,20
0,00
$0,00
(LED
$0100
22
STREET SWEEPING
HR
15
$001
Bals
3,00
$0.03
3,00
SLIDE
23
TEMPORARY ROCK CONSTRUCTION ENTRANCE
CA
1
$540,55
$540,55
LIGO
$cwo
oloo
$000
24
CLEAN CULVERT
CA
5
S32433
$1,621,65
0.00
50,00
ODD
$0,00
25
4' PVC PERE EDGE GRAIN W/ BACKNLL & WRAP
LF
11025
$7.57
$7,75R15
GIRD
$0,00
0.00
$0,00
26
DRAINTILECLEANOUT
EA
10
$216,22
$2,16120
EGG
$0,00
oloo
$0,00
27
PRECAST CONCRETE HEADWALL(DRAIN TILE)
CA
6
$216.22
$1,29732
oloo
SaDo
EGO
$000
28
WITH GRADING
LF
196
$5,41
$11060:36
OGO
$0GO
0.00
$0.00
29
IMPORT AND PLACE TOPSOIL LV)
CY
543
$1100
$8,145.00
Goo
S0,00
ODD
$0,00
30
SEEDING, FERTILIZER AND WOOD FIBER BLANKET
SY
3,163
El,$$
$4,902AS
FAD
$0.00
DEC
$0.00
31
INSTALL SALVAGED MAILBOX
CA
11
$4181
$470.91
ODD
$0.00
Goo
$0,00
32
INSTALLINSTALI SALVAGED SIGN
EA
1 3
$3211
$96,33
1 OCO
$0.00
0.00
$0DO
SUBTOTAL -DIVISION I
$209,345.42
133,220.16
$37,045A6
33
MOBILIZATION
LS
1
$9,00000
$9,00000
040
IEOCO
1,00
S9,000GO
34
TRAFFIC CONTROL
LS
1
$1,294.36
$1,284,36
OSO
$642A8
1100
$1,284,36
35
SILT FENCE
LF
4.775..$1,00-
$4,775,00
0.00
$000
3,019,00
$3,019.00
36
BIOROLL OMCH CHECK
EA
7
$64,22
$449,54
0100
$0,00
0=
$0,00
37
CLEARING
EA
3
$324,33
$972,99
0,00
$000
4GO
$1,29731
38
GROSSING
EA
3
5259A7
IS77SA1
oloo
$0,00
6100
$1,556,82
39
SALVAGE MAILBOX
EA
i8..$26,76
$491G8
0;00
$0.00
ziloo
$561,96
40
SALVAGE SIGN
EA
10
$16,05
$160,50
oloo
$0.00
zGo
$32AO
41
SALVAGE WOODEN FENCE
LF
30
$12.97
$38940
moo
50,00
20DG
$259.40
42
SALVAGE BRICK PAVERS
SF
124
52.16
$267,84
040
50.00
245GO
$52X20
43
SAWCUT BITUMINOUS PAVEMENT
LF
305
51,84
$561,20
0,00
$0,00
210,00
$386AD
44
SAWCUT CONCRETE PAVEMENT
LF
97
$2:32
5225.04
0,00
$0,00
62G0
$143,84
45
REMOVE & DISPOSE OF EXIST, CONCRETE CURB AND CUTTER
F
1F..
480
$3,24
$1,555,20
oloo
$0DO
480.00
$1,555,20
46
REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT
SY
5,224
$1,62
$8,462,98
1,224,00
$1,982,88
5,224,00
$8,462,88
47
REMOVE & DISPOSE OF EXIST, SITUMINOU$ PAVEMENT (DRIVEWAYS)
SY
230
$2.16
$496,80
cloo
$0,00
230,00
$496,80
49
REMOVE & DISPOSE OF EXIST, CONCRETE PAVEMENT (DRIVEWAYS)
SY
47
$5,41
S25417
0,00
$0.00
47,00
$254,27
49
COMMON EXCAVATION (EV) (P)
CY
3,074
$13.73
$42,206,02
1,074.00
E14,74642
3,074,00
$42,20642
so
SUBGRAOF EXCAVATION (RECONSTRUCT AREAS] (EV)
CY
375
S7157
$2,838,75
$2.00
$620.74
216,00
51,635,12
51
SUBGRADE PREPARATION
RS
is
$54,06
$1,027,14
oloo
$0,00
19,00
52
SELECT'GRANULAR BORROW [STREETS) ICY) M
CY
1,962
$14.87
$29,174,94
0.00
$0A0
11962,00
$29,174.94
53
SELECT GRANULAR BORROW (SUSGRADE EXCAV3 (CV)
CY
375
$1417
$5,576,25
92400
$1,219,34
216GO
$3;211:52
54
CLASS 6 AGGREGATE BASE (CV) (P)
CY
630
$27,03
$17,028,90
ODD
$0,00
630.00
$17,028.90
55
TYPE SP 9X BITUMINOUS WEARING COURSE MIXTURE MID
TN
490
$52,65
$25,798,50
0.00
RoGo
OLD
$0,00
56
TYPE SP 12,5 BITUMINOUS NON WEARING COURSE MIXTURE UCID
TN
653
$47A0
$10,952,20
000
$0.00
567,90
$26,918,46
57
BITUMINOUS MATERIAL FOR TACK COAT
GAL
290
$1.96
$568,40
040
$0,00
70.00
$137.20
58
TYPE $P 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,S) (DRIVEWAY)
SY
230
$15D0
$3,450DO
0.00
SGDO
297.00
$4,455GO
59
NTERVALS)
SAW &. SEAL STREET MIT INTERVALS):.
LF
1,150
$2A8
$2,852-00
ODD
$0,00
I:L00
$0,00
so
641 CONCRETE DRIVEWAY PAVEMENT
SY
62
$46,02
$2,853.24
0.00
E0.00
REDD
53,1 6
61
CONCRETE RIBBON CURB
IT
3,240
$6,64
$21,513GO
0.00
50,00
3,150.00
$20191E.I0.
62
SURMOUNTABLE CONCRETE CURB & GUTTER
LF
345
$10,17
$S,508-65
Cloo
$0.00
383GO
$3,386,61
CONTRACT
THISPERIOD
TOTAL TO
DATE
ITEM
DESCRIPTION OF PAY ITEM
UNIT
QUANTITY
UNITPRICE
AMOUNT
QUANTITY
AMOUNT
QUANTITY
AMOUNT
63
8618 CONCRETE CURB & GUTTER
LE
56
$12A4
$719,04
ASIA
$0D0
108100
$1,386,72
64
STREET SWEEPING
HR
20
0,01
$0.20
0,00
$0.00
(loo
$0,00
65
TEMPORARY ROCK CONSTRUCTION ENTRANCE
EA
2
$540-56
$1,081,12
DOG
$0.00
0,00
$0,00
66
CLEAN CULVERT
EA
1
$324,33
$324,33
0100
$0100
1100
$324,33
67
4' PVC PERE EDGE DRAIN W/ BACKFILL & WRAP
LF
$61
$7,57
$6,517,77
$50,00
$6,434,50
SERVE)
$6,434,50
68
12" CORRUGATED STEEL PIPE CULVERT
IT
36
$28,11
$110IL96
OGO
$moo
36:00
$1,011,96
69
12" CORRUGATED STEEL PIPE APRON
EA
2
$259,47
$519,94
$0.00
2,00
5518.94
70
DRAPITILE CLEANOUT
EA
a
$21612
$1,729,76
$1,72936
8100
$1,729.76
71
PRECAST CONCRETE HEADWALL (DRAIN TILE)
EA
4
$270,28
$1,081.12
4,0D
$1,081,12
4.00
si,081.12
72
DITCH GRADING
LF
12
$5A1
$64.92
1100
$64,92
12,00
$64,92
73
IMPORT AND PLACETOPSOIL RM)
CY
702
$15,00
$l(L530,00
30A00
$4,620,00
308.00
$4,620,00
74
SEEDING, FERTILIZER AND WOOD FIBER BLANKET
SY
929
51.55
$1,439,95
0100
EDBO
BAD
$0,00
75
SODDING
SY
2'300
$3.0()
S6,900.o0
0100
$100
0100
$0,00
76
INSTALL SALVAGED MAILBOX
EA
18
$42.81
p70s8
14,00
$599,34
14,00
$599,94
77
INSTALL SALVAGED SIGN
CA
10
WAl
$321,10
2,00
$64-22
2.00
$6422
78
INSTALL WOODEN FENCE
LF
10
$82,25
$922,50
Doo
$0,00
0100
$ITIM
79
INSTALL SALVAGED BRICK PAVERS
SF
124
$4,42
$54&0S
O.dO
$0,00
OVO
$0,00
SUBTOTAL - DIVISION 1
$253,844,77
$33,805,02
$199,90243
DIVISION 3 - KELVIN AVENUE NORTH- TRUNK WATER MAIN
80
CONNECT TO EXISTING WATERMAIN
CA
1
$1,059A9
$1,059A9
OBO
$1100
1.00
$1,059,49
91
HYDRANT EXTENSION
LF
a
$1,097,33
$3,291,99
1100
BOBS
OVD
$uo
92
12' DIP, CL 52 WATERMAIN
LF
892
$$3.42
$47,650,64
0100
$0100
874.50
$46,715.79
83
6" DIP, CL 52 WATERMAIN
LF
53
$5195
$2,859,35
0,00
$0,00
47,50
$2,562,63
84
1` TYPE "K" COPPER WATER SERVICE
LF
221
$42.54
$9,401,34
0.00
$0,00
136.00
$5,785,44
85
1" CORPORATION STOP
EA
5
$26SB5
0,00
$0,00
5.00
$1320.75
86
1" CURB STOP WITH BOX
FA
5
$344A7
$1,72435
RICO
$0,00
5.00
$1,72415
87
6M.HYDRANT ASSEMBLY (V6" BURY)
EA
2
$4,492b2
$8,984,04
DIED
So=
240
$8,984.04
88
6" RES, SEAT GATE VALVE & BOX
EA
2
$11291'"
$2,583,86
0100
$0.00
2100
$2,583,86
89
12" BE& SEAT GATE VALVE & SOX
EA
2
$31027a2
$6,054,24
0100
$0,00
2.0E
$6,05414
90
MI DIP COMPACT FITTINGS
US
1,104
$3,68
$4,062,72
0.00
$0100
1 $42,00
$3,09&56
SUBTOTAL - DIVISION 3
$89,001.77
$0,00
$79,898,15
DIVISION 4 - KELVIN AVENUE NORTH ; LATERAL WATER MAIN
91
12"XS' WET TAP
EA
1
$3,481,19
$3,481.18
0.0E
$0.00
1.d0
$3,48118
92
HYDRANT EXTENSION
LF
3
5IJ89L22
$3,567,66
Goo
$1100
0100
$0,00
93
8- DIP, CL 52 WATERMAIN
LF
535
$38.06
$20,362,10
0100
$0,00
535,00
$20,362,10
94
S' DIP, CL 52 WATERMAIN
LF
20
$53,95
$1,079L00
0.00
$0,00
20.00
$1,079,00
95
1" TYPE 'K"COPPER WATER SERVICE
LP
266
E42,54
$11,815,64
0.00
$0,00
216.00
$9,188,64
96
1" CORPORATION STOP
EA
6
S26SB5
$1,595,70
0,00
$0,00
GDO
$1,555;70
97
V'CURB STOP WITH BOX
EA
6
$344,87
$2,06912
(loo
S0,00
640
$2A69,22
98
6- HYDRANT ASSEMBLY (8'-fi- BURY)
EA
1
$4,492,02
$4,49402
(LDO
$0,00
too
$4,492,02
90
6" RES. SEAT GATE VALVE & BOX
EA
1
$1,291,93
$1,291'93
OBO
$0,00
1.00
$1,291.93
100
MJ DIP COMPACT FITTINGS
US
315
$4.32
$1,360.80
0,00
$0,00
172.00
$74104
101
MOBILIZATION
US
1
$15,000.00
$15,000DIT
0,00
$0G0
0150
571500.00
102
TRAFFIC CONTROL
LS
1
$1,926.54
$1,926,54
1.00
$1,926,54
1100
51,926,54
103
SILT FENCE:..
ENCE
LF
207
$1,00
$207,00
0,00
SGOO
0100
$0,00
104
INLET PROTECTION
CA
23
$90.98
$2,052,54
0100
$0.00
0100
BOOST
IRS
CLEARING
EA
1
$324.33
$32433
1100
$OXX)
1.00
$124,33
106
GRUBBING
CA
I
$ZS9.46
$2$9,46
0.0E
$0,00
1100
$259,46
107
SALVAGE MAILBOX
CA
:51
$26Y6
$925,56
$0,00
31,00
S829S6
108
SALVAGE SIGN
EA
5
$16.05
$80,25
oBo
$0,00
040
$0,00
109
SALVAGE LANDSCAPE ROCK (ISLANDS) (P)
IT
750
$019
$217.50
0100
$0.0D
CDP!
50,00
110
SAWCUT BITUMINOUS PAVEMENT
LF
435
$2,07
$900.45
ODE
$moo
452,50
$936.68
ill
SAWCUT CONCRETE PAVEMENT
LF
152
$2.22
$337,44
(Too
$0Bo
150,00
$333.00
112
REMOVE MANHOLE OR CATCH BASIN CASTING
EA
27
$16246
$4,38642
0,00
$0,00
27,00
$4,386.42
113
REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT(DRIVEWAYS)
SY
377
$5,55
$2,09235
OBO
$0DO
357,19
$1,982A0
114
REMOVE A DISPOSE OF EXIST, CONCRETE PAVEMENT (DRIVEWAYS)
BY
137
$7.70
$1,054,90
0,00
$0.00
127,39
5984190
115
SUBGRADE EXCAVATION (RECLAIM AREAS) (EV)
CY
Soo
Bno
$13,500,00
0.00
Saw
25,00
$175•00
116
RECLAIM EX, SIT. AND BASE MATERIALS, S" DEPTH (P)
SY
18,800
$2,89
$54,332,00
0,00
$0,00
18,800.00
$54,332.00
117
HAUL OUT EXCESS RECLAIMED MATERIAL (IV) (P)
CY
909
$5,65
SSA35.85
0,00
$0.00
909.00..$S135.85
118
SUBGRADE PREPARATION OF RECLAIMED SURFACE
BE
55
S310,00
$17,050DO
0100
$0,00
55.00
$171050.00
119
TYPE SP 95 BITUMINOUS WEARING COURSE MIXTURE (2,61
TN
1,611
$51107
$90,662,77
1,369,94
$68,542,83
1,315814
$68,542,83
120
TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B)
TN
1,611
$45,99
$74,073111
0,00
$0DO
1,411D0
$64,977,78
121
BITUMINOUS MATERIAL FOR TACK COAT
GAL
951
$L96
$1,863.96
MoBo
$490.00
350100
S686.00
122
TYPE SP 9,5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY)
SY
367
$15,00
$5,505B0
'42,00
$480.00
36100
$5,445,00
123
6" CONCRETE DRIVEWAY PAVEMENT
SY
91
$4IL02
$4,197.92
0100
$0.00
108,00
$4,970,16
CONTRACT
THIS PERIOD
TOTAL TO
DATE
ITEM
DESCRIPTION OF PAY ITEM
UNIT
QUANTITY
UNITPRICE
AMOUNT
QUANTITY
AMOUNT
QUANTITY
AMOUNT
124
SAW R, SEAL STREET (40'INTERVAtS)
LF
4,02S
$2.48
$9,982,00
0,00
$0,00
oloo
50,00
125
RIPRAR
CY
is
$86,49
$1,297,35
0,00
ED=
13,50
$1,167GZ
116
SEDIMENT REMOVAL (LJO
Of
57
$27,03
$1,540,71
0,00
50A0
28.00
$756,84
127
MODIFY STORM STRUCTURE 104
Ls
1
$3,546,04
$1,546,04
aloo
50,00
lAo
$3,546,04
128
CATCH BASIN CASTING R-3067-V
CA
23
$627,69
$14,436,87
oloo
$ozo
ODD
$0,00
129
MANHOLE CASTING R-1642-B
EA
4
$474,07
$11896Z8
4CO
$1,89E28
4.00
$11896:28
130
SOLID (2'XTX1,0'HT) CONCRETE CO SECTION
CA
a
$560,15
$4,481,20
loo
51,12030
2,00
$1,120,30
131
MINOR STRUCTURE REPAIR
EA
15
$17181
S2,592,15
0-00
$ODD
CDC
$0,00
132
RECONSTRUCT DRAINAGE STRUCTURE
IT
10
$0,01
$0.10
oloo
SOGO
0.00
$0,00
131
8418 CONCRETE CURB & GUTTER
LF
12,140
$10.65
$129,291,00
0,00
$0-00
11,547.00
$122,975,55
134
STREET SWEEPING
HR
30
$001
$030
3.00
$0,03
6.00
ERGS
135
IMPORT AND PLACE TOPSOIL (LV)
CY
1,466
$15,00
$21,990,00
106.00
$1,590GO
667.00
$10,005,00
136
SODDING
SY
7,007
$3,00
$21,021,00
0.00
$0,00
AGO
50-00
137
INSTALL SALVAGED MAILBOX
CA
31
$42,81
$1,32711
30,00
$1,284.30
30,00
$1,284.30
138
INSTALL SALVAGED SIGN
EA
5
$3211
$160,55
oVo
$0,00
oloo
$0,00
139
INSTALL SALVAGED LANDSCAPE ROCK (ISLANDS) (P)
IT
750
$1,58
$1,185.00
0,00
$0,00
BIDS
$0A0
I-
SO TAL - DIVISION 5
$490,767,59
$77,330,29
$383,425,89
140
MOBILIZATION
LS
1
II3A0000
$3,500,00
0125
$875,00
T25
$875,00
141
TRAFFIC CONTROL
LS
1
$1,070,30
$1,070,30
0125
$267-58
0,25
$26T58
342
INLETPROTECTION
EA
8
$90,98
$727,84
ADD
$0DO
0.00
$000
143
REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTER
LF
$o
$4,55
$36440
24,00
$109-20
24G0
$109L20
144
REMOVE MANHOLE CAR CATCH BASIN CASTING
CA
6
$114,23
$685,38
3,00
$342,69
3,00
$342,69
145
MILL 2" Of EXISTING BITUMINOUS PAVEMENT H`J
By
4,900
$160
$7,840,00
oloo
$0,00
oloo
BRAD
146
REMOVE S, REPAVE BITUMINOUS FLUME
LS
1
$1214.34
$1,214.34
Clop
$1100
OGO
SGAO
147
SPOT BITUMINOUS CURB REPLACEMENT
LF
136
$10,49
$1,425,28
OLD
$0.00
oloo
SoCo
148
TYPE SP S,S BITUMINOUS WEARING COURSE MIXTURE (2,C)
TN
637
$$1m
E32,49137
oloo
SO.00
0.00
$0,00
149
BITUMINOUS MATERIAL FOR TACK COAT
GAL
292
$1,96
$552.72
oloo
$0.00
0.00
$0,00
ISD
CATCH BASIN CASTING R,3067-V
EA
1
$627.69
$627,69
0.00
pDo
0.00
$0,00
isl
CATCH BASIN CASTING R-3250,1
EA
4
$71510GI
53,043,64
oloo
$0GO
DIOR
$0,00
152
CATCH BASIN CASTING R-3501-TR
CA
1
$740,51
$740,51
OBO
$0,00
0.00
$0,00
153
STREET SWEEPING
FIR
4..
$0,01
$0,04
OBO
$0,00
ADD
$0,00
154
IMPORTAND PLACE TOPSOIL (LV)
CY
30
$24,65
$73950
Coo
$0,00
0.00
$0.00
155
SODDING
SY
138
$5,30
$731,40
$0,00
0,00
SGOO
DIVISION I - JAIVELY AVENUE NORTH - STREETS
156 MOBILIZATION
Ls
1
$3,500.00
$3,500,00
ODA
$0,00
oloo
$0,00
157 TRAFFICCONTROL
LS
1
$1,070-30
$1,070,30
OCO
$0,00
0.00
$0,00
158 MILL 2" OF EXISTING BITUMINOUS PAVEMENT IT I
SY
4,090
$1,60
$6,544DO
0,00
$0.00
DIED
$0Z0
159 ADJUST VALVE SOX(WATER)
EA
5
$274.15
$1,370.75
BIDS
$0,00
DIED
Soloo
160 TYPE SP 9,5 BITUMINOUS WEARING COURSE MIXTURE (2, C)
TN
$31
$$1,48
$27,335,88
0,00
%Go
0GO
$Doo
161 BITUMINOUS MATE SAL FOR TACK COAT
GAL
236
51.96
$462,56
oloo
$oDo
0.00
$0G0
162 STREET SWEEPING
FIR
4
50.01
$m 0-4
0.00
$0.00
GOD
EGGS
SUBTOTAL - DIVISION 7
$40,283,53
$0,00
--$OOOJ
TOTALS - BASE CONTRACT
$1,189,610m
$145,949.92
$746,168,53
CHANGE ORDER NMI
C0I-2 REMOSILIZATION
LS
1.0
$1,000,00
$1,000,00
0.00
$000
110
$1,000,00
COI-2 4" PERFORATED EDGE DRAIN WITH SACKFILL & WRAP
LF
1,171L0
$19.45
$22,931.55
0.00
$040
1,179A
$22,931,55
COI-3 DRAINTILE CLEANOUT
EA
1110
$330-00
$3,630,00
0GO
$0.00
LID
$3,630,00
C014 PRECAST CONCRETE HEADWALL
EA
210
$295.00
$590G0
oloo
EDGE)
210
Tsmoo
Col-S CORE DRILL INTO EXISTING STORM SEWER
EA
540
$825D0
$4,125.00
1100
$oGo
ED
$4,125.00
C0116 CONNECT TO EXISTING DRAINTILE
CA
10
$350.00
$701100
0.00
$0,00
2.0
$700,00
TOTALS CHANGE ORDER RIM 1
$12,976,55
$0,00
$32,976,55
TOTALS REVISED CONTRACT
$1,222,58648
$145,94192
$779,145.08
T1 It" CITY OF
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: August 16,2016
CONSENT
ITEM # 12
AGENDA ITEM. Inwood Trunk Watermain Intprove ments — Pay Request No. 4
SUBMITTED BY: Chad Isakson, Project Engineer
THROUGH: Kristina Hand t, City Administrator
REVIEWED BY: Jack Griffin, City Engineer
Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS ytrentoved runt the Consent A --endq�:
g
- Questions frrom Council to Staff... Mayor Facilitates
- Public Input, if Appropriate, ... -- ... ............ ...... Mayor Facilitates
- Call for Motion ......................... - ............................. ...... Mayor & City Council
- Discussion... ................................. ................... ....... — ... Mayor & City Council
- Action on Motion ... .... -- ............. .................................... Mayor Facilitates
MCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the
project. Payment remains within the authorized scope and budget.
ImIxtudoll"p, I
tMISLATIVE HISTORY/BACKGROUND INFORMATION- Northdale Construction
Company, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 4 in the
amount of $248,363.65. The request has been reviewed and payment is recommended in the
amount requested. In accordance with the contract documents, the City has retained 5% of the
total work completed. The amount retained'is $69,479,95.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of' the
Consent Agenda, Pay Request No. 4 for the Inwood Trunk Watermain improvements pro cot, If
i
removed fiorn the consent agenda, the recommended motion for the action is as follows-
City Council Meeting
.August 16, 2016
[Consent agenda hein 12]
"Move to approve lorry Request No. 4 to Northdale Construction Company, Inc in the amount
of 8,3 3- 5 frrr the Inwood Trunkatermain Improvements".
TTAC ENT(S)
t. Partial Pay Estimate rzat No. 4.
PROJECT PAY FORM
PARTIAL PAY ESTIMATE NO. 4 FOCUSENGINEERING,
inc,
INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS
PERIOD OF ESTIMATE
PROJECT NO, 2014.130
FROM 7/1/21 16
TO _ ,7/2 /2016
PROJECT OWNER:
CONTRACTOR:
CITY OF LAKE ELMO
NORTHDALE CONSTRUCTION COMPANY, INC.
3800 LAVERNE AVENUE NORTH
9760 71ST STREET NE
LAKE ELMO, IVIN 55042
ALBERTVILLE, MN 55301
ATTN: JACK GRIFFIN, CITY ENGINEER
ATTN: PHILIP LESNAR
CONTRACT CHANGE GIRDER SUMMARY
PAY ESTIMATE SUMMARY
Approval
Amount
1.. Original Contract Amount
,$1,411,737,31
No,
Date
Additions Deductions
2. Net Change Order Surer
$2,200..00
1
Z/5/ Ca16
$2,200,00
Revised Contract (1+2)
$1,413,$3731
4. *Work Completed
$1,389,599.08
S. *Stored Materials
$0,00
6. Subtotal (4+)
$1,389,599,08
7. Retainage* 6
$69,4T9.95
. Previous Payments
$1,071,755,47
TOTALS
2,200,00 $0,00
9, Amount Clue (6-7-8)
$248,363.65
NET CHANGE
2,20000 T k{ t z ti {t.
*Detailed Breakdown Attached
CONTRACT TIME
START DATE, 3/23/2016
ORIGINAL DAYS 191
ON SCHEDULE
SUBSTANTIAL COMPLETION: 8/26/2016
REVISED DAYS 0
YES
FINAL COMPLETION: 9/30/2016
REMAINING 63
NO
ENGINEER'S CERTIFICATION: FOCUS Engineering, Inc..
The undersigned certifies that the work has been reviewed and to the I
best of their knowledge and belief, the quantities shown in this
estimate are correct and the work has been performed in accordance ENGINEER
with the contract documents. 8/9/2016
DATE
CONTRACTOR'S CERTIFICATION: CONTRACTOR
The undersigned Contractor certifies that to the best of their
knowledge, Information and belief the work covered by this payment
estimate has been completed in accordance with the contract BY
documents, that all amounts have been paid by the contractor for
work for which previous payment estimates was issued and payments
DATE
received from the owner, and that current payment shown herein is
now due.
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
BY BY
DATE DATE
FOCUS Engineering, Inc.
PRO)ECT PAYMENT FORM
PARTIAL PAY ESTIMATE PIM 4
INWOODAVENUE TRUNK WATERMAIN IMPROVEMENTS
FOCUSENGINEERING,
inc.
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO.2014.130
CONTRACT
THIS PERIOD
TOTAL TO DATE
ITEM DESCRIPTION OF PAY ITEM
UNIT
QUANTITY
UNIT PRICE
AMOUNT
: QUANTITY
AMOUNT
QUANTITY
AMOUNT
DIVISION I-GENEERAL
7. MOBLLIZA"ON
IS
1:
$64,800,00
$64,800,00
OGO
$0.00
1.00
$6A,BD0,00
2. TRAFFIC CONTROL
L$
1.
$22,945.00
$22,945,00
0.20
$4,589,00
0.35
$21,797.75
3. SILT FENLE, MACHINE SLICED
LF
600.
$4 13
S2,479.00
0:00
$0.00
200.
$826,00
4 CLEAR AND GRUB TREE...
EA:
6
$750:00
$4,500,00
0,00
IIBOD
:0.
$0,00
5 DNCH CHECK
EA
10
$104,50
SIG45100
000
$0,00.
fl
$0,00
SUBTOTAL -DIVISION 3.
595,768,00
$4"589.00..
$87,423.75
DIVISION Z- WATERMAIN _.
1 CONNECTTO EXISTING B" WATERMAIN
EA.
1
$7,4$3.75
57,483.75
0.
$0,00
0.
$0.00
2 CONNECfTO EXISTING 16"WATERMAIN
EA
2
$13,181,61...
$26,37SV2
0:
$0.00
i
$1.3;187.61
3 HYDRANT
EA
11
$4,431,40
S48,745,40
1
$4,431A0
10
$44,314.00
A HYDRANT EXTENSION
IT
6
S1,628.8D:
$9,772,80
:0
$0,00
3.5
$5,700,80
5 6' GATE VALVE AND BOX
EA
10
$2,476.08
:524,760,80
1.
$2,476.08
10
$24,760,80
5 8".C,ATE VALVE AND BOX
CA..
3
$2,920GS
$8,76DAS
0
S0.00
2
$51840,10
7 12".GATE VALVE AND BOX
EA
2
$4 117,60
$8,23$.20
0.
$0.00.
2
S$1235.20
8 16"BUTTERPLYVALVE AND BOX ..
EA.
19
$10,711,98.
:$203,527.62
5
553,559,90
19
$203,527,62
:9 1" CORPORATION STOP WITH FUSIBLE SADDLE
EA
3
$709,63
S2,128T9
0:
$0.00.
3
$2,12889
10 1" CURB STOP AND CURB BOX
EA:.
:3
$775,20:
$2,325,60 .
:0:
$0.00
3
$2,325,60
11 1" COPPER WATER SERVICE PIPE.
LF
Ice
$5(LIF?
$5,097.00
0:
$0,00.
81
$4,129,57
12 6" DUCTILE IRON WATERMAIN PIPE; CLASS 52
IF
'7S
$63.87.
$4,790.2$
19.
$1,181.60
141:D
$9,005:67
13 8" DUCTILE IRON WATERMAIN PIPE, CLASS 52
LF
56
$70,32:
$6,750,72
0:
$0,00
42
$2,953 44'
.
14 12" CUDDLE IRON WATERMA€N PIPE: CLASSS2
IT
28
$10810
$3,043,60:
0:
$0,00
25.7$
$2,799.03
3.5 16"HUSTLE IRON WATERMAIN PIPE, CLASS 52
U,
25
$126.98
$3,17450
210:
$2,539.50
55
$61983.90.
16 16" HOPE DIPS DR11 WATERMAIN; DIRECTIONAL: DRILL.
IT
11,015
$74,75
$823,371.25..
2,214
$165,496.50
'10,940
SSIY765100.
17 DUCTILE IRON FITnNGS
L9
5,810
$20.74
:$62,399.AI)
1,773:
$19,042,02
8776
:$94,25424:
18 HORIZONTAL DIRECTIONAL DRILLING BORE PITS
L5:
1
$49,462.20
$49,462,20:
: 0
$7,419,33
030
$44,515.98
19 WATER SERVICE CONNECTION PITS
IS
1
$7,000,00.
$7,000,00
0
5700DO
0:95
$6.6S0;00.
20 TRIVIEW TEST STATION MASKER:
CA:
18
$156,02:
$2,808,36
0 ...
$O.DD
0
$00D .
SUBTOTAL -DIVISION 2.
$1,310,012,71
$255,846.43
$1,299,076,45
DIVISION 3-STORM SEWER
1. SALVAGE CONCRETE PIPE CULVERT
LF
60
$15.00
$900,00
0
$0,00
34
$21000
2 INSTALL SALVAGED PIPE CULVERT
LF
:60
$3111
$1,866.60
0
$0;00
8
S248.88.
SUBTOTAL � DIVISIONS
$2,766.50
$0,00
$458-88
DIVISION 4. STREET CONSTRUCTION
1 SALVAGE AND REINSTALL MAILBOX
EA
2
$165.00
$330.00
0
$0;00.
0
$0.00:
2 SALVAGE AND REINSTALL SIGN
EA
13
$220.00
S2,e6D:an
0 ..
So ! 1:
1 7.
S440.00
SUBTOTAL• DIVISION
53,190:0D
$0.00
5440A0.
TOTALS- BASE CONTRACT
$1,411,737,31
$261,435.A3.
$113871399AS
CHANGE ORDER NO. 2
GIIl-i HYDRANT OFFSET.
EA
2
$500.00
SS,000.00
I)
$0.00
2
$1,000A0
COI-2 18" FLARED END SECTION.
EA..
1
$1,200A0
$1,20000
0
50.00
2
$1,200.00
TOTALS - CHANGE ORDER NCU 1
32,200.00
$0.00:
:$2,200,00
TOTALS - REVISED CONTRACT
:$1,413,93731
$261,433.A3:
$1,389,599,08
THECTFYOF
LAKE ELM
MAYOR& COUNCIL COMMUNICATION
DATE;August 16, 201
CONSENT
ITEM # 13
Ate NDA ITEM. Inwood .Booster Station Improvements — Pay Request No. 3
SUBMITTED BMITTED BY: Chad Is kson, Project Engineer
THROUGH: KristinKristina Handt, City Administrator
REVIEWED BY: .lack Griffin, City Engineer
Cathy Bendel, Finance Director
SUGGESTED ER OF BUSINESS tyrentoiled from the Consent AgCndu
Questions from Council to Staff., Mayor Facilitates
Public Input if Appropriate ................. ...Mayor Facilitates
Call for Motion . . Mayor & City Council
Discussion Mayor & City Council
Action can notion......... . Mayor Facilitates
FISCAL • None.•:
budget.project- Payment remains within the authorized scope and
SUMMARY
consider approving Pay Request No. 3 for the Inwood Booster Station• project.
LEGISLATIVE HISTORY/BACKGROUND
submittedthe Contractor for the project, has
$92,094.66. The request has been reviewed and payment is recommended in the amount
requested, In accordance with the contract documents, the city has retained 5% of the total work
R i
page I --
City Council Meeting
August 16, 2016
ATTACH EAT LSJ:
m
[Consent Agenda Item 13]
PROJECT PAY FORM
PARTIAL, FLAY ESTIMATE NO, 3 FOCUSENGINEERING, inc.
INWOOD BOOSTER STATION IMPROVEMENTS
PERIOD OF ESTIMATE
PROJECT NO. 2014.129
FROM 7/1/2015- -
TO 7/31./2016
PROJECTOWNER: ER: CONTRACTOR
CITY OF LAKE ELMO MA NEY CONSTRUCTION, INC.
3900 LAVERNE AVENUE NORTH 1401 PARK ROAD
LAKE ELMO, MN 55042 CHANHASSEN, MN 55317
ATTN: JACK GRIFFIN, CITY ENGINEER
CONTRACT CHANGE ORbER SUMMARY' PAY ESTIMATE S.OM MARY
No.
Approval
Amount 1. Original Contract Amount
.$1,308,404.00
[date
Additions
Deductions 1 Net Change Girder Sum
$0.00
3. Revised Contract (1+2)
$1,308,404,00
4, *Work Completed
$280,945.75
5. *Stored Materials
$0.00
5. Subtotal (4+S)
$280,945.75
7.-Retafnage* 5.0%
$14,047.29
8. Previous Payments
$174,803.80
TOTALS
$CI.00
${}.LiCI 9.. Amount Due 6-7-8)
$92,,094.66
NET CI {ANC E
$tJ.CIQ
*Detafled Breakdown Attached
CONTRACT TIME
START DATE. 4/28/2016 ORIGINAL CLAYS 211 -
ON SCHEDULE
SUBSTANTIAL COMPLETION: 10/ 8 2016 REVISED DAYS 211
�
YES
FINAL COMPLETION: 11/25/ 016 REMAINING 117
NO
ENGINEER'S CERTIFICATION: MSA PROFESSIONAL SERVICES
The undersigned certifies that the work has been reviewed and to the 7
best of their knowledge and befief, the quantities shown In this
estimate are correct and the work has been performed in accordance ENGINEER
t /
with the contract documents. 0I I
DATE
CONTRACTOR'S CERTIFICATION: CONTRACTOR
The undersigned Contractor certifies that to the best of their
knowledge, information and belief the work covered by this payment `* ,
estimate has been completed in accordance with the contract BY
documents, that all amounts have been paid by the contractor for ,
work for which previous payment estimates was issued and payments —DATE
received from the owner, and that current payment shown herein is
ngw due.
APPROVED BY OWNER: CITY OF LAKE ELMO, MIN IESOTA
BY BY
DATE DA T E
FOCUS Fngfneering, Inc,
PROJECT PAYMENT FORM
PARTIAL PAY ESTIMATE NO.
INWOOD BOOSTER STATIONIMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO2014,129
FOCUSENGINEERING,
inc.
TOTAL TO DATE
CONTRACT......
THIS PERIOD
ITEM.
DESCRIPTION OF PAY ITEM
.UNIT.
.QUANTITY
UNITPRICE
AMOUNT.
QUANTITY
AMOUNT
OU,ANTITY
AMOUNT
DIVISION 1 • MINERAL
1
MOBILIZATION
LS
1.
$55,000.o0
$55,000bir
0,0D
$0:00
1100
$55,000,00
2
TRAFFIC CONTROL
LS
1
$70000:
$700.00
0.20
$140.00.
O:ao
$560.00
3
SILT FENCE
LF
240
$3.00
$720,00
120.00
EMEND
240
$720:00
4
CLEARING AND GRUB AIG
LS
1
$2,000,00
$2,000.00
0:00.
$0,00
1
$2,000,00
5
TEMPORARY ROCK CONSTRUCTION ENTRANCE
EA
1
$1,000,00
$11000.00
0.00
$0,00
1
$1,000,00
6
STREET SWEEPING
HR
10
$105,00:
$1,050,00
0.00..
$0,00
0
$000
7
SITE RESTORATION
LS
1
54,800.00
$4;801100
0,00
$0.00
0
$0,00
SUBTOTAL- DIVISION
$65,270,00
$500.00
$59,280,00
DIVISION 2 -WATER MAIN
a
£ONNECTTO EXISTING WATERMAW AND SERVICE .
EA
9
$1,500,00..
$4,500,00
0.00
50,00
3
$4,500.00
9
1,5"COPPER WATER SERVICE PIPE
CF
65
$50.00:
$3,250,00
0,00.
$0.00
65
$3,250,00
10
12" DUCTILE IRON WATERMAIN PIPE, CLASS 52
I:F:
100
5120a00.
$12,000.00
Voo
$0,00
100
$121000A0
11
DUCTILE IRON FITTINGS
LB
344
$16.00
S5,504.00
0.00:
$0,00
344
SS,504.00
SUBTOTAL-. DIVISION 2
$15,254,00
$OA0.
$25 254.00
DIVISION 3 - STORM SEWER
12
10" PVC DRAIN.
LF
1s
$50,00..
$750:00
0.00.
$0,00
0
$0Go
13
18"RCP STORM SEWER PIPE, CLASS:5
LF
130
$50,00:
56,50000.
121,00.
$6,050.00
121..
$6,050,00
14
18". RCP FLARED END SECTION
EA
1.
$1,500,00
S11500100
1.00.
$1,500.00
1
$2,500.00
15
CATCH BASINIMANHOLE
EA
2:
$31000A0
$6,000,00
2Ao
$6,000:00
2..
$6,000.00
16
RANDOM NIRRAP CLASS III (CV)
CY
10 .
$160,0D.
$1,600.00
0,00
g0:00
0
$0,00
SUBTOTAL - DIVISIONS
$16„350,00
$13,55000
$13,550.00
DIVISION 4 - DRIVEWAY CONSTRUCTION
17
COMMON EXCAVATION (Pj..
CY
690
$2000
$13,800,00
0100
:$0,00
690.
$13,800.00
18
SELECT GRANULAR BORROW IPt
CY
110:
$25,00
$2,750.,00
0,00
$0,00
0
50.00
19
SUSDRAOE PREPARATION
L5
1..
$1,400,00.
$1,400-00
:0:00
$0.00
0.00
$0.00.
20
AGGREGATE BASE CLASS
TON
140.
$22.00
$3,080D
0100
$0,00
0.
$0,00
21
TYPESP9.SWEAR COURSE MIX (2;8)
TON
50:
S95100
$4750,00
:0100
$0,00
4:
S0:00
22
4" CONCRETE SIDEWALK
BY
41
$70,00
$2,870,00
CAR
50.00
0.
$0,00
23
SEGMENTAL RETAINING WALL
FF:
480:
$23.000
$11,040.00
ADD
SOLID
0
$0,00
24
SPLIT RAIL FENCE:
LF.:
12:0:
$17,00
$2,040.00.
0:00
$0,00
0
$0.00
25
GUARD POST.
EA.
3.
$350,00
$1,050:00
0.00
$000
:0
$0,00
26
5" PERFORATED PVC DRAIN
LF
140
$40,00
$61600,00
60,00
52,40040
60.
$240100.
27
8" LNUNE DRAIN
EA:
S
$900:L0
$4,500,00
4GO
$3,600.00
4:.
$3,600,00.
28
ROOF DRAIN COLLECTION
..
£A
5
$900,00
$4,500,00
0.00
$0,00
0
S0.00
29
DRAINTILE CLEANOUT
EA
1
$900.00
$900.00
040
SO,OD
0
$0,00
SUBTOTAL - DIVISION 4
S5$,280;00
$6,000,00
$19,800.00
_30
DIVISION 5- BOOSTER FACILITY
31
Supervisions
LS
1
$18;,550,00
S18,550.00
010
$1,855.00
0,40.
$7,42000
32
Bond &Insurance
LS
1
$19162000
$19,620.00
PRO
S0:00
1.00
$19,62"0
31000
Concrete Work
LS
1
$58,760,00
$58,760:00
0.25
$14,690,00
0175
S44„070DO
32000
Reba,
LS:
1:
55,100,00
$5,100,00
0125:
$1,275,00
0.75
$3,825,00
33516
heavy Duty Concrete Floor Finish
LS.
1
$1,860,00
$1:86t1 o
0.00.
$0,00
ADS
$0,00
42000
Masonry Wong
LS
1
$70,480,00
$70,480.00
0155
538,764,00
055.
S38,764,tl0
55000
suite, Metals
LS.
I
$3,350.00:
$3,350.00..
1.00
$3,350,00
1.00
$3;350.00
61000
Rough Carpentry
L5
1
$25,500.00
S25,500,00
0.00
$0,00
0,00
$0,00
62210
Plastic Trssm
LS
1.
$1,170.00
$1,170.00
0.00
$0,00
0"00
$0,00
71113
Bituntnous AamproaFing:
IS
1
$670,00:
$670,00
0,00
$o.00
0:00
$0,00
72113
insulation (below grade)
LS:
1.
$1,250.00.
$1,250.00
1100:
$1,250,00
1100
$1,250,00
72126
Blown Fiberglass).solution
IS
1:
$2,700.00:
$2,700,00
0.04:
$0.00
0.00
$0.00
72726
Fluid Applied Membrane Air Barrier
LS.
1:
$4,000,00:
$4,000,00
. 0,00
$0.00
0:00
50:00
73113
Asphalt Shingles
IS
1
$6,600,00
$6,600:00
0.00
$000
0.00
SEAT)
74619
Metal S*bt& Fascia, gutters &:downspouts
LS
1
$6,55cLoo
$6,550.00
0.00
$0GO
4.40
$0.00
74646
Mineral Fiber Sliding
IS
1.
$10,600,00.
$10,600.00
ODD
$0Go
0,00
$0.00
79200
Joust Sealants:
IS
1.
$3,210.00.
$3,210,00
0100
$0,00
SAO
$0.00
81600
FRP Doors
CS
:1:
$11,950,00:
$11,950,00
0101
$0.00
0100
$0.00
9B100
Glass & Glazing.
LS
:1
$500,00.
SECOND
0,00:
$0.00.
FLED
$0,00
88410
Transtucent Windosrrs::
LS
1:
$9,960.00.
$9,960,00
0,00:
$0,00
BAD
50.0E
97750
ERR Surface laminated panels
LS
1
$9,640.00:
$9A540.00
0,00
$0.00
Goo
$0,00
99600
High perParm"ceCoating
LS
1
$13,400:00
$13,400.00
0.0E
SD.QtI
0;00
$0:00
101465 Learning Signs
IS
1
$200,00
$200.00
0.0E
50,8E
000
50.0E
CONTRACT
THIS PERIOD
TOTAL TO DATE
ITEM DESCRIPTION OF PAY ITEM
UNIT
QUANTITY
UNITPRICE
AMOUNT
QUANTITY
AMOUNT
QUANTITY
AMOUNT
104416 Fire Extinguishers :
t5.
1
$350.00
$350GO
0100
$0,00
0.00
$0.00
220000 Plumbing
LS
1
$22,500.00
$22 500GO
0,30
$6,750DIS
0.35
$7,875,00
230000 HVAC
LS :
1.
$46,400,00
$46,400,00
000
S0.00
0.00
$0,00
260500 Elertircal
LS
1.
$79,800,00
579,800.0D
0110
$7,9800,00
0.1$
$11970.00
312305 Earthwork
Ls
1.
STIDIR00
$7,880.00
0 10
$788,00
060
$4,728.00
331300 DiVilfecorm of Water Storage Structures
L5
1
$950,00
$950,00
0,0E
$0.00
0100
$0,00
402323 Prates Piping
LS
1..
: $111,400,00
$111,40040
0.00
SO=
ROD
S0.00.
412223 Portable Nand Chain Hoist & Trolley:
LS
:1
$1,200.00
$1,200,00
0.00:
EDDA
0.00
$0,00
444200 Water System Storage Tanis:
t5.
1
$26,29000
$26,200,00
0.00
$0,00
BIDS
$0,00
444256 Vertisai Split Case Matter Pumps
LS:
1 .
$78,200:00
$78,200-00
(INA
$0,00
0.00
SIX00
444416 Gas ChlorinationSYtenr
LS
1.
$101,500.00
Si01;S00100
Goo
S0.00
0:00
$0.00
33 SCAOA INTEGRATION AND SYSTEM IMPROVEMENTS tSMOA CONTRACTOR)
LS
1.
$30,000,00
S30;000.00
0100
$0,00
0.00
$0:00
34 PROCESS INSTRUMENTATION AND CONTROL (SYSTEM INTEGRATOR)
LS:
1.
$215,000.00
S215,000.00.
0,00:.
$0,00
0,00
$0,00
35 230 KW GENERATOR SET.
LS
1..
$10$1000,00
$105,000.00
0100.
$0,00
0,00
$0.00
36 UTILITY ALLOWANCE(ELECTRIC, NATURAL GAS, TELECOMMUNICATiONJDA
LS
1.
$10,000,00
$10;000:00
0102
$189,75
0102
$189,75
37 HOLDING TANK AND ASSOCIATED PIPING
15
I.
S20,000.00
$20,000,00
000.
$0.00
1.00
$201000100
38 EROSION CONIAOL BLANKET
BY
1 625:
$2,00
51,250,00
0.00
--
0.00
$0,00
SUBTOTAL. DIVISION $
1
$1,143,250AO
$76,891.75
$153,OG1,75
TOTALS 1 51,308:404.00 $96,941:75 $280,945,75
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: August 16,2016
CONSENT
ITEM # 14
AGENDAITEM: Inwood Booster Station Improvements — Change Order No. I
SUBMITTED BY: Chad Isakson, Project Engineer
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Jack Griffin, City Engineer
Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS if removed from the Consent Agendia.
- Questions from. Council to Staff.....: �. Mayor Facil itates
- Public Input, if Appropriate .. .Mayor Facilitates
- Call for Motion ................. .. Mayor & City Council
- Discussion........ ...................... Mayor & City Council
- Action on Motion..... ....................................... ................ ..Mayor Facilitates
FISCAL IMPACT- Contract decrease in the amount of S5,048decreases
the contract amount for the project by $5,048.49 bringing the revised construction contract to
$1;303,355.51. With this change order the project remains within the authorized project budget
and contingencies.
LEGISLATIVE HISTORY/BACXGROUND INFORMATION*. This change order is being
processed at the request of the City for project revisions with a net contract change in a deduct
amount of $5,048.49. Each item was reviewed closely with the City, Engineer of Record, and
Contractor as construction progresses on the Booster Station project, The various project
revisions are as itemized below. -
Will =Wn I I 4111111EN01
-- page I --
City Council Meeting
August 16, 2016
ove to ap,711
decreasing the contract amount by $5,048-49"
ATTACHME9TLS-1:
1. Change Order No. 4a
[Consent Agenda Item 141
CONTRACT CHANGE ORDER FORM
CITY OF LADE ELMO, MINNESOTA FOCUSENGINEERING,
inc.
INt+l OOD BOOSTER STATION IMPROVEMENTS
PROJECT NO,_201,4.12
CHANGE ORDER NO, 1 GATE. Uly 10,1016
TO: iVMagney Construction, Inc., 1401 Park Road, Chanhassen, MN 55317
This Document will became a supplement to the Contract and all provisions will apply hereto. The Contract Documents are
modified as follows upon execution of this Change Order.
CHANGEORDER DESCRIPTION /JUSTIFICATION
See summary breakdown and supporting dpucurnents for clarification &. cast breakdowns
Attachments Mist documents supporting change): Attached price quotation(s) & cost proposal(s)
ITEM DESCRIPTION OF PAY ITEM UNIT CITY UNITE PRICE
IkR Ir/(DER S )
01 Proposal Reel.1-3, Field Change 1-2, Substitute 1-2 LS 1-$5,048.4
NET CONTRACT CHANCE
($5,04 .4'3)
Amount of Original Contract
1,308,404,00
Sum of Additions/Deductions approved to date (CO Nos. 4) $
0.00
Contract Amount to date $
1,308,404.00
Amount of this Change Order 4,DG4 (DEDUCT) 4I4 -C 4
(5,048.49)
Devised Contract Amount $
1,303, 55.51
The Contract Period for Completion will be �#jj��"30,99 (INCREASED)�n���� �C�
Y F'� (INCFtEAS�tIf .
2 days
APPROVED BY ENGINEER: MSA PROFESSIONAL. SERVICES APPROVED BY CONTRACTOR
i"
ENCIP FEI}y B+�
[p
DATE 7ATE
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
BY BY
GATE BATE
FOCUS Fn ineerin , Inc, CHANCE ORDER FORM
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`N�Ey"C 0 N S T R U C T 10 N Proposal
COMMOICIAL Fj INDUSTRIAL CONINACTORS PR #1
1 0 401 Park R ad - Chanhassen, MN 65317
mmmagneyconstruction m 952.474.1674 Office 952.474.1679 Fax C01-2
Companyname
From
MS
Peter Aldritt
Attention
Lucas Jones
ElUrgent ElPlease comment
Please review For your Information
Total pages, including cover
R8. Inwood AVO Booster Station Proposal Request I
Lucas,
We are affering the following price quotation in regards to the MDH review.
Material: -
$
Labor: Install Booster Pump outside of Chlorine Room
$
Subcontractor: Northern Plumbing Tech
$
(260.00)
Subcontractor: Taylor Electric
$
500.00
Subtotal
$
240.00
General Contractor's Overhead
$
IZ00
Bond & Insurance premiums
$
3.78
Total
$
255.78
A45NEFCO N ST H U CT I ON
COMERCIAL 6 INDUSTF-HAL CONTRACTORS
1401 Park Road - Chanhassen, MN 553 7
wwwrnagneyconst 952.474.1674 Office 95 .474. 679 Fax
SEND TO
Company name
Attention
Lucas Jones
[] urgent [] Please comment
Total pages, including cover
COMMENTS -
From
Peter Aldritt
Date
7/18/2016
Proposal #
_Mqj�? Revised
Please review
Proposal
Lucas,
We are offering the folloviling price quotation in regards to the MCC modifications and substituting the electronic
main circuit breaker for the thermal mag breaker.
Material:
$
Labor:
$
Subcontractor: TPC/Taylor Electric - MCC Modifications
$
(3,037.00)
Subtotal
$
(3,037.00)
General Contractor's Overhead
$
Bond & Insurance premiums
$
(45.56)
Total
$
(3,08Z56)
Peter Aldfift
21JUIL-L. �1--
APNE L it C 0 N S T H U C T 10 N Prite Quotation
V��-MZY
(OW-1104 6 INDUSTRIAL CONTRACTORS C014
2
1401 Park Road - Chanhassen, MN 55317
4 0—
wwmagneyconstructim m 952.474.1674 Office 952A74.1679 Fax
!SEND TO
Company name
From
MSA
Peter Aldritt
Attention
Lucas J—ries-
L L��Jorles
Fax Phone
Urgent E] Please comment
Please review For your Information
Lucas,
We are offering the following deduct price quotation for the submitted Booster Pumps.
Labor:
$
Material:
$ (3,500,00)
Equipment:
$
Subcontractor:
$
Subtotal
$ (3,50000)
General Contractor's Labor Mark Up 16%
$
General Contractor's Overhead 5%
$
Bond & Insurance premiums
$
Total
$ (3,500.00)
Peter Aldritt
Project Manager
t
rnish ♦ Install 1 .5' copper water service, curbstop:
p from existing water main. Ths includes the additional 4of
cavation for theExisting was•♦
DESCRIPTION
t
t tt
,t tt
. .i-
r ttt
't tt
'
♦ i i i. l ♦,
s' tt
art tt
AGNEY Material
1 ! WiLA�lAA� w Ally
r • st
i
II �
NOW�SUBTOTALMAGNEY
•"tt #
LABOR,
MATERIALS,SUBCONTRACTORS
SUSTOTAI It
t tt ti t
• �.y * it
�
�Fy'tt �
ttt
SUBTOTAL
MATERIAL SALES !� s,
BOND • t8174
BUILDERS RISK INSUI.,NIA
r�gtm a C�C MMpjjjrI" L E.i INN Po t RIB L CO FRA t RS7,0
""""':
1 Pa
rk rk Road Chanhassen, IVIN 5317 /'"p
fY-`kt'iR�G`wnr.�:.otil5.��"
man yconstrccti�sra.c rx 95 .474.1574 Office l 95 _474-1 79 Fax C01
,SEND TO
Company name
From
MSA
■ar j.
Attention
�# '
ucas Jones
• ! N
#•Proposal
e
r
EJUrgent ® Please commentreview
Foryour • t
Total pages, including cover,
RE: Lake i Booster ::!
Lucas;
We are offering the following orrice quotation to add a continuous layer of 11 " Rigid Insulation under the siding:
Labor:
415.00
Material::
$
554.39
Took & Equipment:
$
Subtotal
$
969.39
General Contractor's Overhead
$
62.25
Bond & Insurance premiums
$
15.47
Total
$
1,047.11
'Additional Working Days Required for this Change:
Please
PeterAldritt
Project Manager
1.1MMEEIFICIAL 6 INDUSTRIAL CONTRACTORS
C 0 N S T R U C T 10 N
1401 Park Road - Chanhassen, MN 55317
MM"W m gne 'n 952.474.1674 Office 952.474.1679 Fax
Company name
MSA
Attention
Lucas Jones
ME
Phone Proposal #
I MC-P3
Proposal
col-�
0 Urgent 0 Please comment Please review For your information
Total pages, including cover:
I i 11 pil i : imlimizlirl 1 1 ill
Lucas,
We are affering the following price quotation in regards to removing the Emergency Gas Shut off Actuators.
Material:
$
Labor*
$
Subcontractor: Vessco - Removing Actuators
$
(9,000m)
Subtotal
$
(9,000.00)
General Contractor's Overhead
$
Bond & Insurance premiums
$
(135.00)
Total
$
(9,135.00)
Peter Aldritt
ii IN � !1 11 1 N �pili lig I
M •
T1 (1 ` CTIN Of:
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: August 16,2016
CONSENT
ITEM # 15
AGENDA ITEM: Inwood Water Tower No. 4) — Pay Request No. 3
SUBMITTED BY: Chad Isakson, Project Engineer
THROUGH: Kristina Handt, City Administrator
REVIEWEDBY: Jack Griffin, City Engineer
Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS if removed from the, Consent Agen!Luj:
- Questions from Council to Staff ...... ............ --- ... Mayor Facilitates
- Public Input, if Appropriate..... � � � � � � ... -- ....... ........ Mayor Facilitates
- Call for Motion ..... ....................... ....... .................. Mayor & City Council
- Discussion........ ................................................ ...... Mayor & City Council
- Action on Motion ...... ................................. ...................... Mayor Facilitates
POLICY RECOMMENDER: Engineering.
FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the
project. Payment remains within the authorized scope and budget,
SUMMARY AND ACTION REOUESTED:
The City Council is respectfully requested to consider approving Pay Request No. 3 for the
Inwood Water Tower (Io. 4) project.
LEGISLATIVE HISTORY/BACKGROUND INFORMATION:
CB&I, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 3 in the
amount of $225,349.50. The request has been reviewed and payment is recommended in the
amount requested. In accordance with the contract doctiments, the City has retained 5% of the
total work completed. The amount retained is $23,507.50.
-- page I ®_
City Council Meeting
August 16, 2016
[Consent Agenda Item 151
Staff is recommending that the City Council approve, as part of the Consent Agenda
Request No. 3 for the Inwood Water Tower (No, 4) project. If removed from the consent a
the recormnended motion for the action is as follows:
ove to approver;lr7lt74=-jllr'3'FT:'A�c'
Inwood Water Tower (No. 4) Project".
ATTACHMENT
1. Partial Pay Estimate No. 3
PROJECT PAY FORE
PARTIAL PAY ESTIMATE NO. 3 FOCUSENGINEERING,
inn.
INWOOD WATER TOWER NO.4 PERIOD OF ESTIMATE
PROJECT ll 2015.130 FROM 7/1/2016
TO 7/29/2016
PROJECT OWNER:
CONTRACTOR:
CITY OF LAKE ELM{
CB&I Inc.
3800 LAVERNE AVENUE NORTH
14109 S. ROUTE 59
LAKE ELMO, MN 55042
PLAINFIELD, IL 60544
ATTN: JACK GRIFFIN, CITY ENGINEER
ATTN: MICHAEL ALLISON
CONTRACT CHANGE ORDER SUMMARY
PAY ESTIMATE SUMMARY
Approval
Amount
1. Original Contract Amount
$21395100000
No.
Elate
Additions
Deductions
2.. Net Change Order Sum
$000
1 5/3/2016
$0.00
$(};t O
3. Revised Contract (1+2)
$2,395,000,00
4, *Work Completed
$470,150.00
S. *Stared Materials
$E 100
6. Subtotal (4+5)
$470,150,00
7. Retainage* 5.0%
$23,507.50
8. Previous Payments
$221,293,00
TOTALS
iT.(7Ci
$LI.00
9. Amount Due (6-7-8)
$225,349.50
NET CHAN E
$0.0t}
/T �i t ;. � �
*r�etailerJ 6retrkdcrwn Attciehe�
CONTRACT TIM E
START DATE: 4/7/2016 ORIGINAL DAYS 574 ON SCHEDULE
SUBSTANTIAL COMPLETION: 9/28 2017 REVISED DAYS D
YES
FINAL COMPLETION: 11/2/2017 REMAINING 461
NO
ENGINEER'S CERTIFICATION: SEH, Inca
The undersigned certifies that the work has been reviewed and to the
best of their knowledge and belief, the quantities shown in this /V
estimate are correct and the work has been performed in accordance EN tNEER
with the contract documents. 8/1/2016
DATE
CONTRACTOR'S CERTIFICATION: CONTRACTOR`
The undersigned Contractor certifies that to the best of their
,
knowledge, information and belief the work covered by this. payment
estimate has been completed in accordance with the contract y
documents, that all amounts have been paid by the contractor for
work for which previous payment estimates was issued and payments DATE
received from the owner, and that current payment shown herein Is
now duet
APPROVED BY OWNER.: CITY OF LAKE ELMO, MINNESOTA
BY BY
BATE DATE
FOCUS Engineering, inc
PROJECT PAYMENT FORM
PARTIAL PAY ESTIMATIE •
o • No
•_ _ • r
A s
FOCUSENGINEERING, inc.
CONTRACT
..THIS PERIOD
TOTAL TO DATE...
ITEM
DESCRIPTION OF PAY ITEM
UNIT
QUANTITY
UNIT PRICE:.
AMOUNT
QUANTITY :AMOUNT
QUANTITY
AMOUNT
DIVISION 1- SITE & UTILITY WORK
i.
MOBILIZATION
IS
1
$161000.D0
$16,Omoo
50570.
0.00.
$0.00:
2
ROCK CONSTRUCTION ENTRANCE
EA
1
$3,822 00
S3,822GO
$0,00
LED
$0.00
3.
TRAFFIC CONTROL
IS.
1
$2,068.00
$2,06K00
$0,00
:0
GIOD-
4
SUBGRADE EXCAVATION
CY
120
$10,00
$1,200,00
$0,00
0
5
GEOTEXTILE FABRICTYPE V.
Sy
200
S6.00
$1,200.00
$000.
0
6
ORGANICTOPSOI€ BORROW
CY
1O0
$30,00
$3,000 G4
S0:00
0:
S0:0O.
7
SELECT GRANULAR BORROW
CY
150
$16,00
$2,400,00
$0,00.
:0.
EDGE,
8
AGGREGATE WE, CLASS 6:
TON
1,250
$22.Op
$27,500,00
:EDGE)
0.
$0.00
9
BIT WEARING. COURSE MIX(WEA2401H
TON.
65
$B§,00
$6,435,00
$0.00
0
$0,00
10
BIT NON•WEARING COURSE MIX(WEB2408)
TON
65
$99,00
$6,43540
$0,00
:0
SO.00
11.
TACK COAT
GAL
35
$10.00
$350,00
$000:
0:
$0,00
12:
8" CONCRETE APRON
SF
350
$2S00
$5;750.00
$0,00:
:0.
$0,00
13.
4" CONCRETE WALK:
SF
100
$20,07
$2,000100
$0,00
0:
$0,00.
14
CONNECTTO EXISTING WATERMAIN
EA
1
$2,300,00.
$21300,00
$0.00
0
$000
15:
6" DIP WATER: MAIN PIPE, CL. 52-
ELF
10
$110.GO.
$1,100,00
$0,00
:a.
$0.00
16:
'16' DIP WATER MAIN PIPE, CL, 52.:
LF
120
$140,00.
$16,800.00
$0,00'
:0.
$GGD
17
6w GATE VALVE & BOX
5A
i
51,980GO
$1,98D,00 :
$0,00.
0
$O.OD
i8
HYDRANT
EA
1.
$4,864,00
$4,864.00
$0,00
:0
SOLID
19
DIPFFITINGS
LB
700
$2.50.
$1,7$O:OD
$0,00.
0.
$0„00
20:
POLYETHYLENE ENCASEMENT
LP
140
$2,00:
$280.00.
$0,00
:0
$0,00
21
4' X 4' CATCH BASIN WITH GRATING
EA
1
$2,618:00:
$2,618DO
$0.000.
0
$0,00
22
1.5"CLEAR TOOK
CY
16
$76,00.
$1,216,00
50:00
D
$Gw
23
GEOTEXTILE FABRIC TYPE I
SY
30
$6,00
$180,00
$0.00:.
0
$0,00
24
: SS^ RCP STORM SEWER PIPE, CL V
LF .
9O
$68.00.
$6112000
$000
0
$0,00
25
18" APRON WITRASH GUARD
EA
1
S1,70100:
$1;700AD
SADO.
0
$0,00
26
HAND PLACED RIP ARE, CL IR
CY
10
$9200:
$920,00
50.00.
0
$0,00
27
GEOTEXTILE FABRIC TYPE IV:
SY.
37
$3,00.
$111.00
$0.00
0
$0.0)
28
PREASSEMBLED EMT PENCE
LF.
GERI
$2,25
$1,125.00
: 50OG
0
SOLID
29
:STRAW BIOROLL:
LF.
1,000
$2:00.
$2,000.00
$0,00
0
$0,00
30
TEMPORARY SEEDING (MIX 22.111 WITH TYPE I MULCH(
AC..
1.S
:$4,00040.
$6100100.
$0,00.
0
$0.00
3i
SEEDING (MIX 25.131 WITH FERTILIZER IS HYDROMULCH) ...
AC
1,5
:$3,50000:
$5,250,00.
S0.0D.
0.....
$0,00
SUBTOTAL._ DIVISION.1.
$137,474,00
$0.cIO
$0.00
..DIVISION 2- ELEVATED STORAGE TANK
.
i.
INSURANCE AND BONDS
IS.
1
$47,900.00
$47,900,00:
SLIDE)
1
547,90100.
2
ENGINEERING & APPROVAL:
is
1.
:$239,500.00
$239.500.00
0130 $71,850,00
1.
$215,550,00
3.
TANK MATERIALS
IS:
1
$316„100,00
S316110OAO
$0.00
6
$0.00.
4
TANK FABRICATION & SHIP
US:
1
$287,700,00
$287;700A0.
$0,00
0
$D.00.
5.
FOUNDATION CONSTRUCTION
IS
1
$413,400.00
$413,400.00
HAD $165,360,00
'1.
$206,700:00
6
CONCRETE SHAFT CONSTRUCTION
15.
1..
$372,100.00
$372,100:00
$0.00
0
$0:0D .
7
TANK ERECTION ION GROUND)
IS:
1.
$214,60D;00
$214,601100
EGGS
0
$HAD .
8
TANK PAINT ION GROUND)
IS.
1.
$142,300,00
$142,300,00
$0,00
0..
60,00:
9
HOISTTANK
ts
1
$43,450:00
$43,450.00
$0,00
0
$0,00
10
TANK PAINT (IN AIR).
IS.
1.
S74,200.00
$74,200,00
smog
0:.
$0,0D
11:
STERILIZE AND TEST
US
I
S9761I0
$97COD
S0,00
0.
$0.00:.
12:
ELECTRICAL
LS
1.
$891800:00
$89,800,00
$0:00
0.
$0.00
13
WATER TOWER CONTROL PANEL AND BTU
IS
1
$15,500.00 ...
$15,500,00
$0,00
0...
$0,00
SUBTOTAL, DIVISION
$2,257,526,00
$237,210.00.
$470,150,00:
TOTALS $2,395,000.00 :$237,210.00 $470150.00
IEH-, (I`3'Y s)I
,.kKE ELNIO
MAYOR& COUNCIL COMMUNICATION
DATE: August 16, 2016
REGULAR
ITEM
. GENDA IT M: CSAII 13 Phase I Improvements - Authorize Preparation of a Feasibility
Report
SUBMITTED : Jack Griffin, City Engineer
THROUGH: I ristina Ilandt, City Administrator
RIEVIEWED BY: Chad Isakson, Project Engineer
Cathy Bendel, Finance director
SUGGESTED ORDER OF BUSINESS:
_ Introduction of Item..... --- ............;..... ......... , ......., ......... ........... City Engineer
- Report/Presentation. . .................. .... --- ........ ...... ..... City Engineer
Questions from Council to Staff.... ........ ........................ Mayor Facilitates
Public Input, if Appropriate.. ............................... , ......Mayor Facilitates
-- Call for Motion- Mayor & City u Co nil
Discussion ........: .................:.................................Mayor & City Council
Action on Motion Facilitates
POLICY RECOMMENDER: DER: Engineering.
FISCAL IMPACT. $7,000, If the improvements are ordered, the report costs will be charged
against the project fund and become assessable to the benefitting properties. Should the project
not be constructed, the report costs cannot be assessed;
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to
consider approving Resolution No. 2016- i7, Ordering the Preparation of a Feasibility Report
meeting MN State Statute 429 for the CSAH 13 Phase I Improvements so that the casts may be
wholly or partially assessed to the benetitting properties.
LEGISLATIVE HISTORY/BACKGROUND INFORMATION: .TION: The City of Lake Elmo,
City of Oakdale, and Washington County are working jointly to make improvements along
County State Aid Highway (CS 13 (Ideal Avenue/Olson Lake Trail) with the Phase I
Improvements to be constructed in 2017. On July 19, 2016 the City of Lake Elmo approved
Resolution of Municipal Support for the Phase I Improvements consisting of pavement
-- page 1 --
City Council Meeting ["Regular,4 Dada Item I ]
August 16, 2016
preservation from CSAH 14 to 40 Street and Street Reconstruction with Trail, Drainage and
Sanitary sewer Improvements from 44a' Street to 50th Street:- The project will improve the
roadway corridor, Metter manage storm water, add a pedestrian facility, and extend Oakdale's
municipal sanitary sewer system to several Lake Elmo properties.
Washington County intends to require cost participation from the Cities of Labe Elmo and
Oakdale in accordance with the County Cost Participation Policy for County Improvement
.Projects. In addition, the improvements include the extension of sanitary sewer service to Lake
Elmo and Oakdale properties at the request of both cities. The current estimate for the local cost
share of the improvements to be shared approximately equally between Labe Elmo and Oakdale
is $1,185,142. A Joint Powers Agreement will be prepared to more specifically allocate those
costs between the County and each City:
Special assessments have been identified as one of the available funding mechanisms for the
improvements where the benefiting properties are specially assessed all or a portion of the cost
of the improvement, pursuant to the City's Special Assessment Policy and Minnesota Statues,
Chapter 429, In order to maintain special assessments as a viable funding alternative, the City
Council must direct the preparation of a feasibility report meeting the statutory process for public
improvements that are specially assessed.
The report will advise on the improvements being reconneded along the corridor, provide
estimated project costs for the City cost participation of the recommended improvements,
including easement and right-of-way, permits, and other requirements needed to implement the
improvements, recommend whether the improvements should be made as proposed or in
connection with some other improvement, and advise if the improvements are necessary, cost
effective, and feasible. The Report will also provide a preliminary assessment roll for each of the
benef'itting properties. Utility improvements will address sanitary sewer service to replace
individual on -site treatment systems. Project casts will be as provided by Washington County's
design consultant (SRF Consulting) for the improvements. Additionally; a Cooperate Agreement
will be needed between Lake Elmo and Oakdale to address the respective municipal cost share
along with maintenance responsibilities for the various improvements.
C EENDATIC)NStaff is recommending that the City Council authorize FOCUS
Engineering, Inc. to prepare a Feasibility Report meeting MN State Statute 429 for the CSAH 13
Phase l Improvements in the not to exceed amount o 7,000. The recommended motion for this
action is as follows:
"Move to approve ov .Resolution No. 016 -67 Ordering prpar ton of a Feasibility Report by
FOCUS Engineeringfor the CSAH 1:3 Phase I Improvements in a not to evceed amount o
`,000.'*
ATTA+CETlS'IENT S
1, Resolution No. 2016- 7, Ordering Preparation of a feasibility Report.
2. CSAH 13 Location Map and Typical Section.
. Project schedule.
-- page 2 --
CITY OF LAKE ELMO
161 FA V W91 = UIT 110011
3 0 0 ILI I a 111113A NO I D1011
WHEREAS, on July 19, 2016 the City of Lake Elmo approved a Resolution of Mmlicipal Support for the
County State Aid Highway 13 (Ideal Avenue/Olson Lake Trail) Roadway, Trail, Drainage and Sanitary Sewer
Improvements for CSAH 13 from CSAH 14 to 50 di Street; and
WHEREAS, the CS AH 13 Phase I Improvements, including pavement preservation from CSA14 14 to 446'
Street and Street Reconstruction with Trail, Drainage and Sanitary Sewer Improvements from 44th Street to 506'
Street, are proposed for construction beginning in 2017; and
WHEREAS, Washington County, the City of Oakdale and the City of Lake Ehno are each responsible for
sharing in the project costs per the Washington County cost participation policy; and
WHEREAS, it is proposed to assess the benefiting properties for all or a portion of the cost of the
improvement, pursuant to the City's Special Assessment Policy and Minnesota Statues, Chapter 429.
NOW, THEREFORE, IT IS HEREBY RESOLVED,
That the proposed improvement, called the CSAH 13 Phase 1 Improvements, be referred to the City Engineer
and FOCUS Engineering, and that FOCUS Engineering is instructed to complete a feasibility report in
accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council
with all convenient speed advising the council in a preliminary way as to whether the proposed improvement
is necessary, cost-effective, and feasible; whether it should be best made as proposed or in connection with
some other improvement; using estimated costs for the recommended improvements as determined by the
County' s design consultant; and a description of the methodology used to calculate individual assessments for
affected parcels.
By:
Mike Pearson
Mayor
Julie Johnson
City Clerk
tt
r
cm
0
PROJECT SCHEDULE
FOCUSENGINEERING,inc.
CITY OFLAKE ELMO
Cara Geheren, P.E. 651.300A261
CSAH 13 PHASE 1 IMPROVEMENTS
Jack Griffin, P.E. 1-300A264
PROJECT NO. 2115.125
Ryan Stempski, P.E. 651.300.4267
Chad isakson, P.E.651.300.4283
JUGS ` 01
JULY 19, 2016
Council approves Phase 1 Municipal Consent. County proceeds with Final Design.
AUGUST 16, 2016
Council authorizes the preparation of the CSAH 13 Phase 1 Feasibility Report.
FEBRUARY 21, 2017
County presents final plans and specifications. Council accepts Report and adopts
project assessment policy. Calls Public Improvement and Final Assessment
Hearing;
FEBRUARY 22, 2017
Notice of Public Improvement and Final Assessment Hearing (Publish March 1 and
March B, 2017).
FEBRUARY 27, 21
MARCH 21, 2016
MAY, 2017
County pasts advertisement for bid.
Public Improvement and Final Assessment Hearing. Council Orders the
Improvement for the CSAH 13 Phase 1 Improvements (Requires 4/5th vote).
County Accepts Contractor Bids.
Council approves "Concurrence" to award contract.
Start of Phase 1 Construction.
• OVEMB R, 2017 Substantial Completion.
m 1t I Y. ')01 R Fin;;I C'n nIPtinn-
TJ IF CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 8/16/2016
REGULAR
ITEM#: Is
AGENDA ITEM Boulder Ponds PUD Amendment/Rezoning
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristine Handt, City Administrator
REVIEWED BY: Ben Gozola, Consultant Senior Planner
Emily Becker, City Planner
ON Boulder Ponds LLC is requesting approval • a rezoning/PUD amendment to the • Pon&
PUD to • Outlots B (P[D#34-029 21.33 �OO23) and C (PID# 34.029.21.33.0024), Boulder Ponds
• Commercial PUD and MDR-PlJD, respectively to HDR-PUD.. The Planning Commission held a
public hearing • 7/25/16 and recommended approval.
ISSUE BEFORE COUNCIL:
The Council shall determine whether to approve the rezoning/PUD amendment,
wmaml 1119MOM
ON Boulder • LLC • the MDR/PUD was the incorrectly zoning for the proposed 64-unit
senior facility • for Outlet C. The existing zoning is MDR/PUD whereas the desired zoning is
HDR/PUD. Boulder Ponds would also like to add the adjacent Cominercial/PUD outlot, Outlot C, to the
•• site with the same HDR/PUD •
The zoning for Boulder Ponds occurred on 4/21/15 and was based on a density analysis presented during
the Concept PUD process. The area guided for Medium Density Residential, which is approximately
10. 1 acres, contains 17 single family dwellings and a planned 64 senior facility, which has a planned
gross density of 7.98 units per acre; the appropriate density for Medium Density Residential land use
guide.
The norther portion of the area was developed into 17 single family dwellings and was zoned LDRJPUD.
The southern portion of the area was platted as Outlot C (2.24 acres) and zoned MDR/PUD for the
planned fa -unit senior residential use. With MDR zoning, the maximum allowed density is only 7 units
per acre, whereas with HDR, the maximum allowed density is 15 units per acre.
City Council Meeting 811611E onsent RegulorAgenda Item #19
3_
Correction on from the Planning Commission Report. A. 64-unit residential development on
t utlot C would have a density of 25.91 units per acre which exceeds the allowed HDFt
density. However, after consultation with Consultant Planner, Ben Co ola, Staff now
I
understands that this density, 64 dwelling units on 2.24 acres was approved as part of the
concept plan and anticipated at preliminary plat. By adding the 1.44 acre- utlot E to the
development site, rezoning it from Commercial/PUS to HDR/PUD an additional density of 26
additional dwelling units could be allowed based on the HDR zoning, or 31 additional dwelling
units if 20% density bonus was applied through the PUD (for a total potential density of 90
dwelling units over both Oultots B and C together, or 95 if density bonus is applicable �
through <the PUD). r
No additional density would be allowed, as suggested by the Developer, for unused density
in the ether portions of the development, north of 5th Street:
The Developer has suggested that they might want to be allowed additional density if providing
senior congregate care facilities with services, as was done with the Arbor Glen project in the
Village area. if you recall, the memory care units were not counted towards the overall density
count because these units are recognized as being different from standard multi -family
residential development. in addition, the City Council slightly increased the maximum allowed
j density up to a maximum of 16 units per acre within the VIVIX District area. These provisions
required a comprehensive plan amendment and did not include any ether areas besides the VIVI }
Zoning District. Without a similar comprehensive plan amendment, any memory care units would
1 be considered as dwelling units.
PLANNING COMMISSION/PUBLIC HEARING COMMENTS.
j at the Public Hearing, no one spoke from the public and there was no written correspondence.
j The Planning Commission expressed concern about approving the rezoning to HD/PUD without
a specific plan and was concerned that the senior living project could end up as a market rate high
density multi -family rental housing. The Planning Commission made a motion that they are in
support of congregate care with services not counting as dwelling units as was approved in the
VIVIX District. Todd Williams and Tom Kreimer are in support of more high density residential and I
that the Boulder Ponds site is an appropriate location. The Planning Commission recommended
approval of the rezoning/PUD amendment with a 7-0 vine.
FISCAL IMPACT.
There would be no direct fiscal impact by the rezoning/PUD ,Amendment, however, it will
improve the marketability of Outlots B and C, which will provide development fees and building
permit fees to the City when developed.
I
s
I
1
- ---------- - -----------
City Council Meeting 8116116 Consent Regular Agenda Item #19
OPTIONS:
The City Council should consider whether to approve the Rezoning/PUD Amendment from MDR/PUD
and Commercial/PUD to HDR/PUD for Outlots C and B, respectively,
RECOMMENDATION:
Staff and the Planning Commission recommend approval of Ordinance 08-149 Rezoning/PUD
Amendment with the following motion:
"Move to approve a zoning map amendmentIPUD Amendment, Ordinance 08-149, to re. -one 01olots B
(PID 34.029.21.33.0023) and C (PID 34.029.21.33.0024), Bolder Ponds from CommercialTUD and illl
MDRIPUD respectively to IUD RIPUD':
ATTACHMENTS.
0 Planning Commission Minutes 7-25-16
0 Planning Commission Report Packet
* Ordinance 08-149
Page 3
T1 1E (A V)
KE ELMO
City of Lake Elmo
minutes of July 25, 2016
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Dunn, Larson, Griffin, Fields, Dodson, Kreimer, Lundquist
and Williams.
COMMISSIONERS ABSENT: None
STAFF PRESENT: Planning Director Wensman
Approve Agenda:
M/S/P: Dodson/Griffin, move to approve the agenda as amended, Vote. 7-0, motion
carried
Approve Minutes: June 27, 2016
M/S/P: Williams/Griffin, move to approve the June 27, 2016 minutes as amended, Vote:
7-0, motion carried,
is processed as a rezoning. They would like to rezone outiots B & C from Commercial
POD and MDR-PUDto HDR-PUD, Wensman went through some of the history of the
***"tv*w draft findi
as follows 1) The rezoning/PUD amendment is consistent with the Comprehensive Pla
designation for the subject property 2) The proposed land use, Senior Housing is a
conditional use in both the Commercial and HDR zoning districts, so the underlying !an
use will remain I
unchanged 3) The proposed HDR/PUD zoning is appropriate for the
proposed senior housing density. 4) The proposed POD/Amendment is consistent wit,
the Boulder Ponds POD Concept Plan and Preliminary POD Plans.
Wensman stated that in order to develop the site as senior living, the area would heed
final plat/final POD plan approval, outlot B & C would heed to be combined into a single
lot and a conditional use permit approval is required for congregate housing.
Dodson is wondering why the CUP application is not with this. Wensman stated t at �Ojpi�
they are trying to market the property, but there is no plan. Dodson is wondering if
I
they rezone the property, what would stop them from putting in a differnet type of High
density housing. Wensman stated that there would be no guarantee that a differnet
plan wouldn't come forward.
Fields asked if the senior housing is the motivation for rezoning this property, why
Larson is wondering if there could be a condition attached to this request stating that it
is for Senior Housing. Wensman stated that he does not believe there can be conditions
on a rezoning.
do not have a buyer yet for the
r1he marketing of the property. She
housing project,
Dunn asked what qualified for a 20% bonus. Wensman stated that there is the base
zoning and then with a PUD there are highlights that qualify for bonuses. Dunn stat
as they go along. Wengman stated that the deviations are spelled out at the ti
preliminary plat.
Fields thinks that rezoning this now without a` project opens the door for market rate
multi -family rental housing.
0
i I U. Uft Gsz�
M/S/P: Wil lima ns/Dodson, move to add finding number 5 that there is disagreement
between the applicant and staff as to how many units would be allowed with the new
zoning, Vote. 7-0, motion carried unanimously.
M/S/P: Fields/Williams, move to add finding number 6 that to change the zoning to HDR
would allow the site to be marketed as a market rate mull -family housing site, Vote: 7-
0, motion carried unanimously.
M/S/P: Williams/, move to add finding number 7 that unit counts for the congregate
care as found in the senior housing in the Old Village area, should also be applied City
wide. There was no second and this was added to the approval motion.
USEEM
#
TTI tams state T T I
now. He feels this is an appropriate place for HDR. Kreimer also agrees that this Was
always shown as a multi -family building.
RSMMZM���
Lake Elmo Planning Commission Minutes; 7-25-16
M
the only 2 things it can be used for, Kreimer is wondering if language could be added if
Ap-e Outiesili U,&JIL J�ia m! consider it. Williams stated that he
-j —
problematic with the reduction to 20 acres. Dunn feels that there seems to be
unintended consequences for coming down to a 20 acre minimum.
--TTd
e eWU F* d I IU d I W I C1 04 1 bW rfM CnT=t LC
deviations.
",,M MMIMPAMMIM
taken out. Williams suggested some other chi
applied more to commercial PUD's.
t $ a
No one spoke and there was no written correspo
Public hearing closed at 9:25 pm
Public hearing opened at 9:30 pm
M/S/P: DUnn/Williams, move to recommend . e t t. tne or inance to opT7=fI7
requirements of Minnesoat Statutes Section 462.3593, Vote.- 7-0, motion carried
unanimously.
• feels that this legislation does not seem to fit in our • Wensman
stated that this is realh!, to care for an YAV -Il •
not sure that this is the i• solution. This has been talked about in many •
states. Wensman knows • at least a dozen cities around us that have opted out and
only 1 that he knows of that have opted
Wensman gave a brief update on the pigeon ordinanc �This item was talked about a
lanning Commission from
el so a public hearing
meeting.
Staff Updates
1. Upcoming Meetings
a. August 8, 2016
b. August 22, 2016
bunn is wondering if there is any way to get a feel for what the costs will be to the City
for these additional developments that come forward. Be it for i• fire, fighting, etc.
ate rea"T concernM7=t LaKe
Elmo not taking a stand against the airport expansion. She would like it to be taken to
the City Council for a resolution.
0
Williams stated that the current design has no impact on the Neal ave and 301h Stree
intersection. Larson stated that the last set of meetings that they had come to an
agreement with Baytown. Kreimer stated that he just doesn't feel that he has enoug
r I
zTM
Fields was wondering if there was any update on the land purchased by Prairie Island
and put into trust. Wensman stated that he can check with Kristina.
Dunn is wondering when discussions will start regarding lowering the forecast
population numbers. Wensman stated that he has not gotten further direction from the
City Council.
Meeting adjourned at 9:57 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
Lake Elmo Planning Commission Minutes-, 7-25-16
T1 11' CITY OF PLANNING COMMISSION
LAKE ELMO DATE: 7/25/16
AGENDA ITEM: 4b- PUBLic HEAR ITEM
CASE # 2016-24
ITEM: Rezoning/PUD Amendment — Boulder Ponds
REVIEWED BY: Emily Becker, City Planner
gut ItfuslaJOILUS
GENE INFORMATION
Applicant: OP4 Boulder Ponds LLC
Property Owners: OP4 Boulder Ponds LLCM
Location: Jade Trail North, South of 5h Street
Request: rezoning/PUD amendment to the Boulder Ponds PUD to rezone Outlots B and
C, Boulder Ponds from Commercial PLJD and R-P , respectively to
HDR-PUD
Existing and Use and Zoning: Undeveloped outlots - Commercial PUD/1\4DR PUD
Surrounding Land Use and Zoning: LDR to the north, vacant - Commercial PUD outlot to the east,
BP to the west, vacant Commercial PUD outlot to the south
Comprehensive Plan: MDR/Commercial
History: Boulder Ponds Preliminary Plat was approved on 7/28/14. The subject parcels were
rezoned from RT to Commercial PUD/MDR PLJD on 4/21/15.
Deadline for Action: Application Complete — 6/27/16
60 Day Deadline — 8/26/16
Extension Letter Mailed — N/A
120 Day Deadline — N/A
Applicable Regulations: Article XVI, Chapter 154, Sections 750-760, PUD Regulations
Article X — Urban Residential Districts
Planning Commission Meeting 71-75116
REQUEST DETAILS:
OP4 Boulder Ponds is requesting a Rezouing/PUD Amendment of two parcels, Outlet B and C, from
Commerical/PUD and MDRJPUD respectively, to HDR/PUD in order to better market the parcels for
a future Senior Housing Development.
Outlot B is presently zoned for Commercial/PUD and is 1.44 acres in size. Outlot C is presently
zoned for MDRJPUD and is 2.24 acres in size. The applicant would like to rezone both parcels to
HDR/PUD and market them together for a proposed senior housing project.
According to Article XV1, Chapter 15, Section 757, Subd C of the Planned Unit Development Code,
PUD Amendments shall be authorized by an amendment of the final development plan under the
procedures for zoning amendment in Article M of the City Code of Ordinances.
The rationale for the housing density in the MDR portion of Boulder Ponds was described in the
12/09/13 Planning Report for the Boulder Ponds PUD Concept Plan-.
The medium density area, which is approximately 10. 1 acres, contains 81 residential units (17
single family, 64 multi -family), resulting in a gross density of 7.98 units per acre. It should be
noted that this density figure is slightly higher than what is guided by the Comprehensive Plan.
However, given that the proposed development is a PUD, and that the amount of land guided
for medium density residential development on these parcels by the Comprehensive Plan is
much greater, Staff has determined that the proposed Concept Plan meets the spirit and intent
of the Comprehensive Plan. To explain Staffs reasoning for this determination in another
way, the proposed Concept Plan decreases the amount of total land guided for medium density
development by over 20 acres by moving the collector road south, The slight increase in
density above the allowed range per the Comp Plan is balanced by the significant reduction in
the amount of land guided medium density. To put it in simple terms, by using the low end of
gross density ranges in the Comp Plan, these parcels were guided to have 195 total residential
units (not accounting for road right-of-way), whereas the proposed PUD Concept Plan includes
157 total units. Overall, the proposed PUD Concept Plan is consistent with the intent of the
land use and density requirements as guided by the City's Comprehensive Plan.
The rationale for the density is sound, however, when it recommending subsequent zoning for the
sites, Staff had recommended LDR/PUD for the single family cul-de-sac, Jade Circle North, and
MDR/PUD for the senior housing parcel (Outlot C). Outlot B was zoned Commercial PUD. The
LDR/PUD zoning is the correct zoning for the single family housing on Jade Circle North just
south of 5th Street, but the remaining 2.240 acre parcel (Outlet C) was zoned MDR/PUD for a
planned 64 unit Senior Housing project. The zoning code, Section 154.453, Subdivision A,
allows:
Averaging of Lot Area, When lots are clustered within a development to provide common
open space, the open space may be used to calculate an average density per lot to
determine compliance with the individual lot area requirements.
To determine the allowed density for Outlot C, A 64-unit project on a 2.240 acres site (and 0.23
acres of corresponding open space) would have a density of 25.91 units per acre, exceeding the 7-
unit per acres allowed by the underlying MDR zoning, or 8.4-units per acre if 20% density bonus
Planning Co#vniss on Meeting 7125116 Page 3
Senior housing (congregate housing) is a conditional use in both the Commercial and HDR Zoning
Districts, so although the request is for a rezoning from Commercial/P to UD, the
proposed underlying land use remains essentially the same.
In order to proceed with a senior housing project can the t ulots B and. C the fallowing would be
required:
• Final PUD Plans and Final flat (combining the two outlots into a single lot)
• Conditional Use Permit
DRAFT FINDINGS:
In order to approve a rezoning, the Planning Commission shall consider findings are shall submit the
same with its recommendation to the City Council; Staff suggests;the fallowing Endings:
subjectI - The Rezoning/PUD Amendment is consistent with the Comprehensive Plan designation fbr
the
proposed1 The
proposedHDR zoning districts, so the underlying land use will remain unchanged.
3. The •
proposed4. The Boulder Ponds
Staff recommends- V. i f
rezoning from Commercial/PUD and MDR/PUD, respectively, to HDR/PUD with the following
e
ATTACHMENTS:
Planning Commission Meeting tin 7125116
* Application and Narrative
* Planning Commission Report — Boulder Ponds PUD — Concept Plan 12/09/I
* Housing Density Analysis from 12/09/16 Concept Plan)
r Introduction .... .:....... ............... ..........,....... ............ ................ ..-....-.:. Planning Staff
Report by Staff... ......................, ......., .........,................,.Planning Staff
Questions from the Commission..........- ....... ........ Chair & Commission Members
- Open the Public Hearing...... ....-- ....................... ..............................Chair
Close the Public Hearing air
Discussion by the Commission ......................... Chair & Commission Members
.Action by the Commission. . , ........ .... Chair & Commission Members
Date Received: THE CITY OF 651-747-3900
Received By, LAKE ELMO 3800 Laverne Avenue North
Permit Lake Elmo, MN 55042
Comprehensive Plan IR Zoning District Amend 0 Zoning Text Amend El Variance*(see below) El Zoning Appeal
Conditional Use Permit (C,U.P.) 0 Flood Plain C.U.P. 0 Interim Use Permit (I.U.P.) E3 ExcavatinglGrading
Lot Line Adjustment El Minor Subdivision 0 Residential Subdivision Sketch/Concept Plan
1:1 PUD Concept Plan [I PUD Preliminary Plan 0 PUD Final Plan
Fee Owner: Same as licant
-�5� �A
Address:
Phone #
Email Address -,—
Property Location (Address and Complete (long) Legal Descrilption,
xxxx "J'ade Trail
M M
rom
*Variance Requests, As outlined in Section 301,060 C. of the Lake Elmo Municipal Code, the applicant must demonstrate
practical difficulties before a Variance can be granted. The practical difficulties related to this application are as follows'
ordinance and current administrative procedure& 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.
ON Boulder Ponds, LLC
ON qou
Signature of fee owner:-Py— --te: 6/24/16
Zoning Amendment & Preliminary PUD Amendment
LANDOWNER/ ON Boulder Ponds, LLC
DEVELOPER c/o The Excelsior Group, LLC
1660 Highway 100 South, Suite 400
St Louis ParkMN 55416
Ben Schmidt, Vice President
952.525.3225
Deb Ridgeway, Asset Manager
952.525.3223
Oak
Property A" «» Zon ing, Parcel Size, PID and Legal Descilp tion
Boulder Ponds Preliminory PUD Amendment &Zoning Amendment Application
1
Boulder Ponds is a Planned Unit Development that was approved to include a
variety of land uses, including single family residential, multifamily residential and
commercial. The first ..lam street and utility installation is complete to serve 20
Villa lots, 27 single family lots and 10 acres of commercial and multifamily -
In conclusion, Boulder Ponds offers a uniquely planned mixed -use neighborhood
where the land uses provide a seamless transition from commercial to low density
residential, The high density use between the commercial and lower density homes
creates a complementary buffer and generally a more desirable and overall more
viable neighborhood for Lake Elmo,
-0-1&�'Ti—lo-nd,vPrelittiinaryPIJDArnet7dmetit&7oningAinendinetitApplicatiori
2
PROPOSED ZONING EXHIBIT FOR*
BOULDER PONDS
P)KkERICYEVELOPER
PARK
r, P4 BOULDER PONDS,, LLC
11455 VIKI G DRIVE
SUITE 350
EDE i PRAIRIE; MN 55344
76 Units Approved
4 Units #orAcre allowed
28.96 Acres
28.96 An x 4 DUA .115.E Units allowed
0
r Rasldenttal
U �} Q U' T
2t3 units Approved
l4 Units per Acre allowed
1 5M
7.98 Acres
7.98 Ae x 4 DUA w 31,9 Units allowed
t
"1.9�
''
210.40 "fetal Allo ed Units
-98 flatted Units
wn! s„z Pr[ap , amd U¥tita rsp a n (Ctc tt tt 6 t 4 .
p?�t �,ldrtll
84 Units Approved (t7Utiot fi)
i'.S
CINM MAP
I?eawflntlal
r urt CP SM.W. TWR 19< a
15 Units per Acre allowed
4.18 Acres (Out¥cts 8 & US
4,16 Ac x 16 0UA - 62,7
crt'rt.c'ti'r
.
Lei Q�dniiai
rElt€ramlty pms€a¥iowad
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ays7 scrue�
NORTH
a� Professional Lund Surveyors
NOT TO SCALE
6776 Lake Chive NE, Suite 11ii
Lino Lakes, MN 55014
te4. (d5)3d3• e`�az(6fitj3ais781
Zoning Amendment &. Preliminary PUID Amendment
Project Representatives and Contact Information.
LANDOWNER/ OP4 Boulder Ponds, LLE
DEVELOPER c/o The Excelsior Group,_LL
1660 Highway 100 South, Suite 400
5t. Louis Park, MN 5542
Ben Schmidt, Vice President
52.25.225
flga--SchrqidtCo)ExceJsiroLLC,com
Deb Ridgeway, Asset Manager
'52.525.22
eb. d ewa ExelsiorLL .co
Property Address, Zoning, Parcel Size, PID and Legal Description
Boulder Ponds Preliminary P IS Amendment& Zoning Amendment Application
T
Boulder Ponds is a Planned Unit Development that was approved to include a
variety of land uses, including single family residential, multifamily residential and
commercial. The first phase of street and utility installation is complete to serve 2
Villa lets, 27 single family lots and 10 acres of commercial and multifamily.
.e • • 9•. . �r , • • #
providein conclusion, Boulder Ponds offers a uniquely planned mixed -use neighborhood
where the land uses ofrom •
residential. The high density use between the commercial and lower density homes
desirablecreates a complementary buffer and generally a more •
neighborhoodviable •
Boulder bonds Preliminary PUD Amendment& Zoning Amendment Application
2
1,1411, CITY 01' PLANNING COMMISSION
LAKE ELMO DATE.- 12/09/13
AGENDA ITEM: 4A—PUBLic HEARING
CASE #2013-29
ITEM: Boulder Ponds Planned Unit Development (PUD) — Concept Plan
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Community Development Director
Jack Griffin, City Engineer
Mike Bouthilet, Public Works Superintendent
Greg Malmquist, Fire Chief
Rick Chase, Building Official
Matt Moore, South Washington Watershed District
'Me Planning Commission is being asked to hold a public hearing for a request from Aman's
Company LLC for a residential Planned Unit Development Concept Plan with 93 single family
residential homes and a 64-unit multifamily dwelling to be located on approxituately 58 acres
immediately east of the Eagle Point Business Park and within the City's 1-94 Corridor Planning
Staff is recommending approval of the PUD Conce t Plan with I I conditi
the Staff Report. p ions of approval as liste�d il
GENERAL INFORMATION
11!1� ii I pilipipp
Pr OWned: Louis Damiani Trust, c/o Security Bank & Trust Co., William C. Kuhlmann,
2202 11 th Street East, Glencoe, MN 55336
Tim Montgomery, 6211 Upper 51' Street North, Oakdale, MN 55128
Location: Part of Section 34 in Lake Elmo, north of 1-94 and Hudson Boulevard, South of
Stonegate residential subdivision, and east of Eagle Point Business Park. PINs.-
34.029.21.33.00011 34.029.21.32.00011 30A21.33.0002, 1
Requm APPlication for Concept Plan 40prOval. of a Planned Unit Development "p)
containing 93 single family homes and a 64-unit sentior housing multi -family
residential building to be named Boulder Ponds of Lake Elmo, I
Existing Land Use and Zoning: Agricultural land with one single family home (9120 Hudson
Blvd. N.). Current Zoning: RT — Rural Transitional Zoning
District; Proposed Zoning: LIAR. and MDR PUD
Surrounding Land Use and Zoning: North: Residential Estates subdivision (Stonegate) — RE zoning
and Park (Stonegate Park) — PF zoning;
West: Offices (Eagle Point Town Of Park) — BP zoning;
a
Retail Trade.zoning
r Storage Lotszoning,
proposedEast- luture • density
C niprehensive Plan Urban Low Density Residential (2.5 — 4 units per acre), Urban
Medium Density Residential (4.5 — 7 units per acre), and
Commercial.
l i toll Applicants are participating in the Section 34 Utility Project under a Statute 429 area -
wide assessment. The utility project is expected to be completed in December o
2013.
De dline,forActio Application Complete -11171 3
Eli Day Deadline — Ii6I14
Extension letter Mailed —Flo
120 Day Deadline — 317f 1
Applicable Re ns- ,, 153 — Subdivision Regulations
Article r ,, f
• # Unit Development• 01
M�
,��r , ,� �' i�• eye • � e
m
0
PUBLIC HEARING INS ITEM 4A - ACTION ITBIvI
internalside. The and sidewalks
provide • : •
Bat MIAMI i
REVIEW AND ANALYSIS
6
0
The City has received a detailed list of comments ftom the City Engineer, in addition to general
comments by # of # for consideration
wouldby the Commission.
Tn addition to the general comments that have been provided in the preceding sections of thisreport,
Staff like the Planning Commission to consider the issues a• comments related to the
followingdiscussion
CO�Oftshw Plan. The proosed subdivision is consistent with the IAe Elmo
Com ve Plan for # with the densities that were approved as part of this
plan, Thegross densities for the development
.m ##.consistentranges
aspects of the Comprehensive Plan relate to the Boulder Ponds PUD Concept Plan as
follows -
allowed for the urban low density and urban medium density land use categories. Other
a � a
# #
not
# # #
off
o Phasing. The Boulder Ponds planned development is located within the stage
phasing area for the 1-94 Corridor and therefore the proposed development is
consistent with the City's anticipated phasing of growth.
Zoning. The proposed base zoning for the Boulder Ponds site will b. split between
Urban Low Density Residential — LM, the Urban Medium Density Residential — MDR, and
zoning districts. However, approval PUD Final Plan will result in a
zoning change to a specificPUD i t 111. i i
setbacks,such as mininium lot size and from of base zoning
f � x i � i! • i _ !
t i x �.. �-..* is i. •
# • is ,, - • i"i
x# #... i -. .. i,. .max. •: t t.
#- i ixR' a: • !. • is x,. s-
i
In
1pplll�lpll lillip 1� llqllllllllq�11�11�llil
In
3) Access must be provided to the adjacent parcels owned by Star River Holdings LLC (Cranky
Ape) and Lampert Yards Inc (Lampert Lumber) via either the 5* Street minor collector road
or the access road to Hudson Boulevard. The access location must meet the approval of the
City Engineer.
4) The applicant must acquire adonal land in the eastern portion of the site to plat single
family residential Lots 14-18 as part of the Preliminary Plat application, or revise their plan
accorditoy.
M
5) Request for flexibilities related to lot size, width, setbacks and all other reVirements per the
City's Zoning Ordinance or Design Standards must be clanified, and documented as part of
the PUD Preliminary Plan and Preliminary Plat submission,
DRAFT FINDINGS
4) That the Boulder Ponds PUD coinplieswith the City's PUD Ordinance.
5) That the Boulder Ponds PUD Concept Plan is consistent with the City's engineering
standards with one exception as noted by the City Engineer in his review continents to the
City dated November 20, 2013.
RECCOMENDATION:
Staff recommends that the Planning Commission recommend approval of the Boulder Ponds PUD
Concept Plan with the I I conditions of approval as listed in the Staff Report. Suggested motion.,
�Wve to recommend approval of the Boulder Ponds PUD Concept Plan i" dtefifidinkk qfpct
and conditions of approval as drafted in the Staff Report "
Density Analysis
{
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p
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y
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F
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TWP:s.F, cxx#srtrrtrssn#su#CM14
• r
Lace alma, rv#�t
Tout Numbs d tgti
Average tot Site 10,489 sa fit
Minimum lot 5stt 7,700844
Fa #ra Sri. a}ri«;
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
-Ar1,7URDIAAf%CE TO A111,11EAD TAE LAKE ELMO CITY CODE
BY AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF LAKE ELMO
The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section
154.032 Zoning District Map, of the Municipal Code, shall be amended by adding
Ordinance No. 08-149, as follows:
Section 2: The City Council of the City of Lake Elmo also hereby ordains that the
Zoning Administrator shall make the applicable changes to the official zoning map of th
City of Lake Elmo.
Section 3.- Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-149 was adopted on this 19th day of August 2016, by a vote of
— Ayes and_ Nays,
julie Johnson, City Clerk
T1 IF, CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 8/16/2016
REGULAR
ITEM #: 19
AGE NDAITEM: Temporary Health Care Dwellings
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Krishna Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
On May 12, 2016, Governor Dayton signed in to law the creation and regulations of temporary family
health care dwellings, codified as Minn. Stat. 462.3593, which permit and regulate temporary family
health care dwellings. Community desire for transitional housing for those with mental and physical
disabilities, and the increased need for short-term care for aging family members served as the catalyst
behind this initiative. The resulting law allows for a family to more easily care for these individuals by
using a temporary dwelling on the property. The law goes into effect on September 1, 2016 unless cities
adopt an ordinance opting out.
Currently, temporary health care dwellings specifically are not listed as conditional or permitted uses in
the Zoning Code and therefore are considered prohibited except under certain provisions set forth in the
Design and Performance Standards Section of the Zoning Code which allows, in some cases and with
certain standards, temporary farm dwellings, temporary construction offices, and recreational vehicles. By
not adopting the ordinance opting -out, temporary health care dwellings meeting the Statute's standards -
would now be allowed with a permit.
On July 25, 2016, the Planning Commission held a public hearing, considered, and recommended
approval of the adoption of an ordinance opting -out of the requirements of Minnesota Statutes, Section
462.3593.
ISSUE BEFORE COUNCIL:
The Council should consider if an ordinance opting -out of the requirements of Minnesota Statutes,
Section 462.3593, which permits and regulates temporary family health care dwellings, should be
adopted.
PROPOSAL DETAILS/ANALYSIS-
Minnesota Statue, Section 462.3593 has the following key components:
Creates a new type of pennit referred to as a temporary dwelling permit that has a six-month
duration, with an option to extend the permit for six months.
City Council Meeting 811612016 Regular Agenda Item #20
• Requires that the permit be for a property where the caregiver or relative resides.
• Allows modular and manufactured housing (instead of just recreational vehicles) to use this
permit process as long as the unit meets all of the listed criteria.
• Lists the criteria for the structure and the information required in the permit application.
• Addresses sewer safety issues with required backfiow valves and advance verification of septic
service contracts.
• Requires the inclusion of site maps showing where the unit will be placed and notification of
adjacent neighbors prior to application.
• Requires applications to specify the individual authorized to live in the unit.
• Applies the pen -nit approval process found in Minnesota Statutes, section 15.99, but allows the
local government unit only 15 days to make a decision on granting the permit (no extension). It
waives the public hearing requirement and allows the clock to be restarted if an application is
deemed incomplete, as long as the applicant is notified of how the application is incomplete
within five days. A 3-clay decision is allowed if the regular council meeting occurs only once a
month.
• Requires unit placement to meet existing stormwater, shoreland, setback, and easement
requirements.
• A temporary family health care dwelling that meets the requirements of Sections 2 and 3 of the
Statute cannot be prohibited by local ordinances that regulate accessory uses or recreational
vehicle parking or storage.
• Sets a default permit fee level that may be replaced by a local ordinance.
• Allows cities to pass an ordinance opting out of using this new permitting system.
The City does not currently allow temporary health care dwellings, except under certain circumstances
and standards, so this Section of Minnesota Statutes would allow for, under certain standards, a use that is
currently prohibited by Zoning Code. Additionally, the Building Official has the following concerns
about allowing temporary health care dwellings: structure anchoring; septic system issues; water system
access; inadequacy of insulation requirements for colder weather; municipal sewer connection issues;
Metropolitan Council SAC/WAC charges determination difficulties; and backflow check access.
FISCAL IMPACT:
Adopting an ordinance opting -out of Minnesota Statute, Section 462.3593 would reduce potential issues
which could be caused by allowing temporary dwellings and Staff time spent resolving these potential
issues.
The Planning Commission recommends adopting an ordinance that has the City of Lake Elmo opting out
of the requirements of Sections 2 and 3 of the Statute. The Commission did have some concern that there
is no current mechanism to provide temporary housing for those with mental and physical disabilities and
aging family members.
min=
The Council may:
N
City Council Meeting 811612016 Regular Agenda Item #20
• Approve the ordinance as proposed.
• Deny the ordinance.
Staff respectfully requests that the Council approve, as recommended by the Planning Commission, the
proposed ordinance opting -out of Minnesota Statutes, Section 462.3593.
"Move to approve Ord. 08-151 opting out ofMinnesota Statutes, Section 462.3593. "
ATTACHMENTS:
• Ord. 08-151
• Planning Commission meeting minutes, 7/25/16
• History of Session Law Chapter I I I (codified as Minnesota Statutes, Section 462.3593)
• Chapter I I I (codified as Minnesota Statutes, Section 462.3593)
• Summary of Responses from Other Cities Regarding Temporary Health Care Dwellings
11
9
WAIT T I I
STATUTES, SECTION 461.3593 1
SECTION 1. Section 301 - Standards for Residential and Related Uses, Article 7.- Speci
Development Standards; Chapter 154- Zoning Code; Title XV: Land Usage of the Lake El
City Code of Ordinances is amended by adding the following: I
1 MK!1'11 =1.11111M=2=
i. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9.
the City opts -out of the requirements of Minnesota Statutes, Section 4623593, which
defines and regulates temporary family health care dwellings. By exercising this
authority, the City is prohibiting the use of temporary family health care dwellings within
the City.
SECTION 2. Effective Date. This Ordinance shall be effective immediately uponn its passage
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance No. 08-151 was adopted on this - day of
, 2016, by a vote of _ Ayes and _ Nays.
Julie Johnson, City Clerk
This Ordinance - was published on the - day of 12016.
482548v2 A LA515-4
I
the only 2 things it can be used for, Kreimer is wondering if language could be added if
the land trust doesn't accept the land, the City may consider it, Williams stated that he
believes the MN land trust typically wants open space that is 10 acres and this could be
problematic with the reduction to 20 acres. Dunn feels that there seems to be
unintended consequences for coming down to a 20 acre minimum.
Williams is wondering if there should be a setback for trails when there is a wetland.
Wensmah stated that VBWD reviews the plans when a wetland is present and the
review process protects that, Williams thinks that 154.660 (3) for deviations, there
should be the word "and" after a & b so that all 3 criteria need to be met to get the
deviations, N
Williams think h MM
��n up items that
M=
33M=
F o
ed an ordinance to opt out of the state statute. The
pf concerns such as septic systems, anchring, water
lannin �- g Commission.
requirements of Minnesoat Statutes Section 462,359�,motion carried
unanimously.
TTC-Ij]
willing to provide a mechanism for people to provide for loved ones.
Larson feels that this legislation does not seem to fit in our community, Wensman
hot sure that this is the best solution. This has been talked about in many different
states. Werisman knows of at least a dozen cities around us that have opted out and
only 1 that he knows of that have opted
previous discussions. This is hot an item th is in
would not be required. This item will mov
ers— passe
k { .. ,z !,
MM3�
M
bunn is wondering if there is any way to get a feel for what the costs will be to the Cityl
for these additional developments that come forward, Be it for police, fire, lighting, eta
Dunn also mentioned that Baytown and West Lakeland are really concerned about Lake
Elmo not taking a stand against the airport expansion. She would like it to be taken to
the City Council for a resolution.
SF 2555 Status in the Senate for the 89di Legislature (2015 - 2016)
ie-11-1 MN Legislature �kj' Get Connected I_ZJ' About the Legislature E111 Mobile Site E,,mh -thNIN Leg 83
IRetrieve by numoer1� 0
Current bill text, ALh-EagrDLsnjenL Companion: Bf2-49-Z; Revisor number: 16-5628
Add SF 2S55 to MvBills Comi Session Law Chapter: JU
Long l S j ir11mP H arincls and�Ai rt�
Description
Temporary family health care dwellings zoning regulation; temporary dwelling permits establishment
Authors
BDffMAa-; RQaeo ; EkejL; KQeOeO ; AbaLer
House Authors
Ratara,Q-n-; LQpnan-; Dg-w-LQ—n; Pug-h; Laka-P-; 5Lbuitz
ns
�-d7ta-dl -Fa-m-1 -al-"i 111
Senate
03/10/2016
Introduction and first reading
pg, 49-Q Inim
03/10/2016
Referred to at e and Local GDvgramg
04/06/2016
Comm report: To pass as amended and re -refer to Health. Human -Services and HOUsing
pg, 5L-7 5a Dj
04/07/2016
Comm report: To pass as amended and re -refer to flrD_rLQ
pg,521.93 D 2
04/28/2016
Comm report: To pass as amended
pg L525Z B 3
04/28/2016
Second reading
pg
05/02/2016
Special Order: Amended
pg. D572ana
05/02/2016
Third reading Passed
pg, vote: 50-15
05/12/2016
Returned from House
pg 2D-QL
Presentment date 05/12/16
05/17/2016
Governor's action Approval 05/12/16
pg 2Q5-Q
05/17/2016
Secretary of State Chapter 111 05/12/16
pg 7Q5D
Effective date 09/01/16
House
or '2016 Received from Senate
05/ �-+/2016 Senate file first reading, referred for comparison HF 2497
05/05/2016 Bills not identical, SF Substituted on General Register
pg 2B2-4
pg 2B25
pg, 22D-8
bttp%.,llwww,revisor.inn,govlbillsi'bill,plip?b-Senate&f�-SF2555&y--2016&ssn=Of612812016 10:58:24 AM)
c yenillnternsnlps cntect your Senator Senate
ti€ cu the apitof Submit comments
aps,
strict Finder
;cessibil ty
littps:tlwwNN�,revisor, nn.gov,biltslbill,plip"b=Senates` li-SF2555&y=2016&ssn-0[612812016 1058:24 AM)
Chapter I I I - Minnesota Session Laws
111MADW
CHAPTER I I I --S. .No. 2555
An act relating to local government; regulating :oj,,nng cif temporal
health eare c/trellings; establishing temporary cht,elling permits; amending
Minn esotaStatute s 014 section 144D. 01, sub elivision 4; proposing cocling./br
nen, law in 11innesota Statutes, chapters 394; 462
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2014, section 144D.0 1, subdivision 4, is amended to
=I
Subd. 4. Housing with services establishment or establishment. (a) "HOUSing
with services establishment" or "establishment" rneans:
(1) an establishment providing sleeping accommodations to one or more adult
residents, at least 80 percent of which are 55 years of age or older, and offering or
providing, fora fee, one or more regularly scheduled health -related services or two or
more regularly scheduled supportive services, whether offered or provided directly by the
establishment or by another entity arranged for by the establishment; or.
(2) an establishment that registers under section 144D.025,
(b) Housing with services establishment does not include:
(1) a nursing hone licensed under chapter 144A,-
(2) a hospital, certified boarding care home, or supervised living facility licensed
tinder sections 144,50 to 144.56;
(3 )) a board and lodging establishment licensed under chapter 157 and Minnesota
Rules, parts 9520.0500 to 2j20.0670,2515 0215 to 9525.0355 9525.0500 to 9525,0660
or 95' "OV14 If VOOV to 9530.4450, or Linder chapter 245D;
(4) a board and lodging establishment which serves as a shelter for battered
women or other sirnilar purpose;
(5) a firnily adult foster care home licensed by the Department of Human
Services;
(6) private homes in which the residents are related by kinship, law, or affinity
with the providers of services;
(7) residential settings for persons with developmental disabilities in which the
services are licensed Linder Minnesota Rules, parts 9525.2 100 to 9525.214.0, or applicable
successor rules or laws-,
(8) a home -sharing arrangement such as when an elderly or disabled person or
single -parent family makes lodging in a private residence available to another person in
exchange for services or rent, or both;
(9) a duly organized condominium ', cooperative, common interest Community, or
owners' association of the foregoing where at least 80 percent of the units that comprise
Z�
the condominium, cooperative, or common interest community are Occupied by
individuals who are the owners, members, or shareholders of the units-, or
https://www.revisor.mn.gov/laws/?id=l I I&year--2016&type=O
Chapter I I I - Minnesota Session Laws Page 2 of 6
(10) services for persons with developmental disabilities that are provided under
a license according to Minnesota Rules, parts 2525.2.000 to 9525.2140 in effect until
January 1, 1998, or under chapter 245D. or
11 a tent crrary fan€i1v health care dwellirl as defined in sections 394.' )07 and
4-613591
Sec, 2. 1394.3071 TEMPORARY FAMILY HEALTH CARE DWELLINGS.
Subdivision 1. Definitions. LaLFor jurjLo�sesof thissecfi�nn.the �followin �tenns
have the meanings given.
`"'dare fiver'" means ari individcral 18 years o1 arc or €ilder who:
L--_6B.0659,-subdivision I, �aragra �ht
c 'illentally or Irvsi ally im aired Bison" means a Bison who is a resident
of this state and who rpnuires assistance with jAQ-Qr r��ore instr€rr Brat l activities cif ciail
e "Relative" riser€s a s Dose, Arent, •and Arent eilcl, sr-anelehild, sbliri
€role, aunt. ne bevy. or niece of the mentally or lvsically ins aired ersein. Relative
includes half st&'D, and in-law relationshios.
t "Tens orary fantil l-realth care dwelliirrr?°' means a rriobile residential rl�vellin
hvsicall j iin aired erson that meets tyre re uirenve�sts division 2.
Subd. 2. Temporary family health care A&glliM_A_te-i-ii-p-o-ra-ly- farnfly -health care
dwelling must,
1 be riitraril asser�rbled at a location other than its site of irist€€Ration;
k2j1ae no more than 300 g�rosss garefeet;
ULnot be attached to -a permanent foundation:
rovide access to water and electric citilities either b` conr�ctin to tl7e
€rtilities that are servin�7 the �rinci al dwelling on the lot or by other com arable n}Bans`
b have e.terior materials that are Born atilale fir€ coriv ositiori; a earaie, and
durability to the exterior rrraterials used ii tandaid residential constr€iction�
L71Liavc a minimum insulation rating of R- 15-
be able to e fist€rl led, removed, and trans orted by a one -ton ictr k as
defined insertion
subdivision n A
9 be built to either Mirttresota R,ules, ch )let- 1360 or 1361 and contain an
Industrializ National
St
andards Institute Code 102. and
QqA bee ui �ed w�itha bae�kfjoky qlieck- valve;
Subd. 3. Temporary dwelling permit; application.. La) Unless the county has
desir€ated tem ora x f'an-ria health care dwellir��s a ern�itted uses, item oras�v fanailvx,
https://www.revisor.mn.gov/laws/?id=l I 1&year=2016&type=O 6/8/2016
Chapter I I I - Minnesota Session Laws
health care d I
care dwellingy, that meets the reguirements of this section cannot be Drohi
ibited by a local
ordinance th storaoe.
(b) The caregiver or relative must apply for a tgjziz era dwellizi ermit fs�o�
the countv. The Dell -nit anolication must be siened bv the orime ry careeiver. the owner o
the ro er osi which the tern nraz ]`a�nil health care divellinz~ will be ocatcd and the
resident of the ro E2v if the ro e owner does ziot reside on the ro arty, anti include.
{ ] the sitiie addi ass azid tale ]inns number atiae ro ;art owner the resident
of the rone i if different from the oNvner, and the caregiver re onsible for the
care of the m entall or
vsicall , izn aired arson ivho will live izi the tesii oraz Tamil health care dwellina-
ini red arson ma, r receive z•es its care, rimary care, or remote anent ziionitoz~ins
,ser.vices,
rec wires assistance with two or more intrumezital activities ofdail livin simnel b
h scian lzvsician assistant, or azi advanced tactics re< istred nurse licensed to
tactics in tl°is state;.
�l an executed contract fret se tic sz-vic niana�esiiesitor other' roofcif
adeejuate septic service mana�eznent:
owners and residents of
a �enei�al site nia to shoe the location of the tam cis•az-i� faznil health care..
dwelling and other structures on the lot -
where the cazeiver oz relative resides. A tam crazy family health care dvellizi< nirzt
ry structure and with any
and eziier�ecv vehicles ears gin access to the tezii orary aniily health care divellinu in a
safe and timely manner,
d ` tesiz' tararif family health care dwellziv is litiiited is one ecru ant vvho is a
mentally or h sically izii alter] arson. "]".lie erscsn must be identified in the a lxcation.
C}nly one teni crazy fancily Health care dwellizi is allcacl n a lot.
Subd, 4. Initial permit term; renewal. The initial tej2jVcraw LgAgjjjng Vjgmrit is
valid for six months. The aDolicant nnaqv renew theDerrnit once for an additional six
months,
Subd. 5. jaWqfion. he count ma re zsire that the ezznit holder zooid
evidence ofosii liaiice with this section a loner as the t orar family alth, care
dwellizi� z-esiiain ozi the ro arty. The count ma ns act the feel oraz family Health
care dwelfina, at reasonable times convenient to the careviver to determine if the orary
family healthcare dwelling is OCCUpied and meets the reguirernents of this section.
Subd. 6. Revocation gf2ermit. The county may revoke the temp —a— diyellins
section, If the roue revokes
erznit the erzziit holder has t} da frees the date of revocation to remove the temporai_j
farnfly health care dwelling,
https://www.revisor,mn.gov/laws/?id=1 I I &year--2016&type=O
mom
Page 4 of 6
Subd
No public heari
..
care dwell ing. the county does not have to hold !A Liblichearill- cation.
ired
ont , if the count,,, sends
ness days of re rest tellina the
f time to decide.
2t-out. is
SubdivLsion 1. Definitions. LaLForXur oses of this section, the following ternis
have the meanjnga,�
i: and
-
jisa relative, legal guardian. or health care agent of the nientalily or
Relative
includes half.
4w,elling must-,
Chapter I 11 - Minnesota Session Laws
Page 5 of 6
and
durability to the exterior materials used i standard I construction:
jDiiave a minimum insulation rating of R- 1 5:
8 b able to be installed rerrroed. and trams orted b' a erne -ton ilir truck as
defined in section 168.00'). subdivision 2 1 b, a truck as defined in section 168.002.
subdivision 37, or a truck tractor as defined in section 168.002,subdivision 38
be built to either lvlinnesota Rules, cha ter 136t1 or 1361, and contain an
Industrialized Buildings Commission seat and data plate or to American National
Standards Institute Code H 9.2: and
kI.Q �ee Lj�jed w�itha bq�ckflokv check v�qlve-
Subd. 3. Teraporga dwelling permilLapElication. to le s the municipality
has desitymated temnorary farnilv health care dwellings as permitted uses. a temporary
familv health care dwellinLy is subiect to the vrovisions in this section, A tern noia ,farm
health care dwellin<= that nteets tln re trirernnts ofthis sectioncarrnot e roibited b a
local ordinance
(b) The caregiver or relative must apply for a temporary dwelling perni it from
owner of thepnoperty,on which the temporary family health care dwelling, will be located.
and the resident of the movertv if the ro ert owner does not reside on the LiMpggy, and
include:
(2) roof of the vrovider network from which the mentally gLphysically
impaired verLon nigy receive respite care. primary care. or remote patient monitoring
services.
ohvsician. to ohysician assistant of an advanced tactic r istered nurselicernsed to
practice, in flits state
am executed onr°actfor se tie service nnarna��errrent or other roof of
ad irate seraic service rnanggepjgLij;
owners and residents of the application for the tern orary dwellinc, errn�it and
(6) a eeneral site mat) to show the location of the ternDorary family health care
dwelling, and other structures on the lot.
c' "I'he tern orar-v family health care dvvellin trust be located oar rci er
where the care6ver or relative resides. A temoorary Tamil v health care dwellina must
cornplv with all setback rectuirements that qppal, to the primary structure and with any'
maximum floor area ratio limitations that mav aot)lv to the orimary structure. The
tern Dorary famil health care dwellinQ must be located on the lot so that septic services
and timer etncv ylncles cart xain access to the tem orary tarrril .:health case d�vllin<� in a
safe and timely rogDqeE.
(d) A temDorary farnilv health care dwelling, is limited to one occuDant Nvbo is a
mentally or ohvsical1v inn aired Derson, The Derson must be identified in the qapjjcation.
Only one term Dorgy ifaqiiMiillovLliea�Itli care dwelling is allowed on a lot.
Chapter I11 - Minnesota Session Laws
Unless otherwise provided. a teflippiLary family health care dwellin installed
Lander this section must om al with all a livable state 1avv. Local ordinances, and charter
provisions.
Subd. 4. Initial permit term; renewal. The initial temporary dwelling,agnnit is
valid for six months. le a licant nra rerevv the eraait once for an additional six
months.
Subd. 5. Ins action. Trap i alit may rc airs that tl�e ennit hcilder rvidd
evidence of co i fiance with this section as long as the temporary family health care
dwellinc, reanains on the roe . The munici` alit say ins ect the tem orate fain l'
health care dwelling at -reasonable tines convenient to the care fiver to determine if the
temoorary family healthcare dwellin- is occu ied and meets the r� uirements of tljis
section.
remove the tears oraa faarail 1ealth care dwellia�
Subd. 7. Fee. finless otherwise ruvied by cii'dinance, the antinici alto anav,
charee a fee of a to S1C}CI for the initial erm t and u" to S {} for a renewal ofthe eranit.
b The rocedures ravernin the tine limit for decidin n a lcation for the
tem oz are dvvellinri ennit under this section are governed by seetie 1 exce t as
rovided in this section. The nzunici alit has 1 does to issue a ermit re nested under
this section or_to deny it, eve t that it'tit statutcsa of home male charter cite holds rcular
cneetinas only once e calendar month the statutory or home rule charter city has 30 da s
to issue a er�-nit re uestcd under this section tar to den it, lftlae munici alit.= receives a
written re nest that does not contain a1i re aired infcian anon tl e a kcal le;l -clay or
day limit starts over only ifthe municioalitv sends written notice within five business days
ofrecei t ofthe re nest telling the requester what. information is missing. The muni lity
cannot extend the period of time to decide:
Subd. 9. Opt -out. A municivalitv mav by ordinance opt -out of the re uiren eats of
this section.
Sec, 4. EFFECTIVE DATE. This act is effective e ember l 2016. and a lies tc
Lem orary dweilin�7 eaanit a lications made under this act on or after that date.
Presented to the governor May 12, 2016
Signed by the governor Mky 12, 2016, 1-:27 p.r .
r . .fituteq.-. -..
https://www.revisor.mn.gov/laws/?id=l I I&year=2016&type = 6/8/2016
Tonka Bay
Stillwater
Springfield
Savage
Oak Park Heights (Leaning Opting -Out)
North St. Paul
North Oaks
New Ulm
New Prague
Montevideo
Mendota Height«
Lauderdale
Lakeville
Lake Elmo (Pending Council Approval)
Hopkins
Glencoe
Excelsior
Dilworth
Detroit Lakes
Crystal
Corcoran
Clearwater
Burnsville
Austin
THE CITY OF
LAKE ELMO
. -= "awlZ �*.— I MAYOR AND COUNCIL COMMUNICATION
REGULAR
AGENDA ITEM: Pigeon Ordinance
SUBMITTED BY: Emily Becker, City Planner
THROUGH. Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
In late 2015, Planning Director Wensman had received an inquiry regarding the keeping of pigeons in the
City and found that the City Ordinance did not address the issue. Chapter 95: Animals, of the City Code,
does not currently address the keeping of pigeons. Pigeons are not considered farm animals nor are they
pets. Without an ordinance for the keeping of pigeons, any future pigeon issues would be regulated by
complaints through the nuisance ordinance. The issue was originally discussed at the Planning
Commission and it was recommended that an ordinance written to regulate the keeping of pigeons. Staff
prepared a draft ordinance, held a public hearing on the ordinance at the January 11, 2016 Planning
Commission meeting and the Commission recommended that the City Council approve the ordinance.
ISSUE BEFORE COUNCIL
The Council should consider if an ordinance should be adopted regulating the keeping of pigeons. If the
Council decides such an ordinance should be adopted, it should consider if the provisions set forth in the
Ordinance are appropriate for the City.
PROPOSAL DETAILS/ANALYSIS:
The ordinance was drafted based on review of several Wisconsin ordinances, the Gem Lake and Forest
Lake ordinances, and followed the City of Lake Elmo Chicken Ordinance as a template. Gem Lake's
ordinance regulating pigeons is most similar to the proposed ordinance. Staff research found that the cities
of Oakdale, Woodbury, Maplewood, and Stillwater do not have ordinances for the keeping of pigeons.
The proposed ordinance has the following key components:
• A property must be zoned RR — Rural Residential or A — Agricultural and be 2.5 acres or greater
in size.
• There cannot be more than 20 pigeons per lot.
• Property must be the primary residence of the pigeon keeper.
• A permit is required, requiring much of the saine application materials as a Chicken Keeping
Permit requires.
• Permit conditions are set forth including:
City Council Meeting 811612016 Regular Agenda Item #21
* The requirement to keep the pigeon premises clean.
* Food storage restrictions.
• Treatment of pigeons.
• Disposal standards.
• Loft requirements:
• Setback 50 feet from property line and adjacent habitable structures.
• Must be no more than 12 feet high and 200 square feet in floor area.
• Enclosure standards.
Violations and permit issuance and revocation are outlined and are very similar to those of the
current ordinance that sets forth standards for the keeping of chickens,
FISCAL IMPACT:
Setting forth such standards may reduce future staff time spent on nuisance complaints pertaining to the
keeping of pigeons.
A public hearing was held on January 11, 2016 with no public comment. Commissioner Dodson
questioned why the loft requirernents were so specific and why restricting the keeping of pigeons to the
Agricultural and Rural Residential Districts. There was also a question by Commissioner Williams as to
how the number of birds (20) was arrived at. Commissioner Williams also requested 2 additional
requirements to the ordinance. Staff has included both. As a whole the Commission discussed the
appropriate number of pigeons to allow. Commissioner Dodson thought 60 would be appropriate and
Commissioner Larson thought no more than 100. The Commission ultimately decided it was better to be
more restrictive and settled back to the number 20.
"Illvv UIV �Uxlll ---------------
ft. loft and it is upward of 200 depending on how the loft were designed with a center aisle. It is Staff s
understanding that most pigeon fanciers prefer to keep flocks of 100 or more pigeons at a tuneThe
person who initially inquired about keeping pigeons wanted to keep 100 pigeons. The City of Gem Lake
restricts the number of pigeons to 120,
The Council may:
• Approve the ordinance as proposed.
• Amend the ordinance and approve the ordinance as amended.
• Deny the ordinance.
Staff respectfully requests that the Council approve, as recommended by the Planning Commission, the
proposed ordinance regulating the keeping and maintaining of pigeons.
"Move to approve Ord. 08-148 regulating the keeping and maintaining ofpigeons. "
N
City Council Meeting 811612016 Regular Agenda Item #21
In addition, Staff is recommending that the City Council authorize summary publication of the approved
ordinance through the following resolution:
ATTACHMENTS:
• Ord. 08-148
• Resolution 2016-68
• Planning Commission meeting minutes, 1/11/16
• Gem Lake Ordinance
N
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADDING SECTIONS 95.114-95.121 WHICH PERTAIN TO KEEPING AND
MAINTAINING PIGEONS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter • Amnies o
the City Code by inserting the following new sections.- I
For the p=ose of this chapter, the followingdefinitions shall aDDIV unless the context clean
indicates _gEjgqWjgs a different meaning:
Isma
The pgMose of this subehapter is to establish certain re uirements for keeping and
mainta associated with keMing and
maintaining pigeons in p2pulated areas.
MR M1
to renew ggny Wplication for permit. or terminate an existina vernfit under this subehapter,
111111141011 11 !1,, # 911H
(B) Maximum number of pigeons shall be no more than_tWenty 20 er residential lot,
) p
afflialmlormi.
go 0
IT.11•
EMIUM ml a
(B) The first pennit is valid, for gg to e date of issuance and en
December 31 )f thfollowing-vear. Suseguent Dermits are vali• from January I to Decembl
e bd er
3L
(C) Prior to issuance, of a gemiit, notices must be mailed to all homes within 150 feet of the
appli cant's -property lines.
(D) The. fee for a Pgrnit m, 2y he )osed set established and fixed by the city eqqgqlk
oLdinance, from tu'ne to time,
AU perso is subehanter shall make
as reauired by the city. Among other things, the gpplication shall contain the following
information:
(A) A des,-riDtion of the real DroDertv uDon which it is desired to kee-o the pigeons,
(C) A site plan of the pocation and size of the pmosed loft, and/or
aviarv, setbacks from the loft topropertv lines and surrounding buildipys �Lincluding
houses and buildings
(D) Statements that the accordance with all of
the conditions -orescribed by the officer, or modification thereof and that failure to obey
such conditions will constitute a violation of the Drovisions of this article and grounds for
cancellation of the Tennit.
(E) Such other and further infonnation asmaaired b the a fiver:
0 I # V-311 MMI I
(A) No loft for ke rated in m fnann
which
(C) All premises on which Digeons are maintained
�kpit and shall be lie t reasoLigbly jean
and free fram filth aba e and such substances which anract rodents at all times.
(D) All pi aeons shall be fed within the confines of the loft or pjgMjses an' hick
housed.
(F) Pigeons shall be exercised and permined to fly only when under control of theemit
holder or their representative.
(G) All aviaries shall be con let that will
revent i eons from. sacs ins the confines ofthe loft car coo .
LH) The outline of the loft to house said vigeons shall be of such desigg to conform to the
"null
or other suitable foundation material. A loft may have a =2�i—mumheight of 12 feet and a
maximum fl■
(K) Pieonlofts m!qy be located in the rear and and and shall be t least 4 feet fra d'acent
12rgpgt ty lines and habitable structures.
E The ro e t n on which i eons are lie t shall have established a rind al use
confbrmjno the onn ordinance.
(M) Dead Pig—eQns must be disposed of according to the Minnesota Board of Animgj �ffgalLh
rules which require pigeon carcasses to be disposed of as soon as possible after de�th, s I
within 48 to 72 hours, Lggal forms of Piaeon carcass disposal include burial, off -site incineration
or rendefing or coMposting.
ed automatically revoked and no new
it shall reimburse the cjjy �r all costs
bo not limited tgLhe-pickup
and impounding Of Digeons.
(A) If granted, the nennit shall be
erinit shall
hibitions which the city deems req§2gqbjy
om unsanitary conditionsunreasonable
noise or o be
modified from time to ch restrictiqnL
limitations, or prohibitions. Such modification or revocation shall be effective qf
�terio �dqs
following the mailing of written notice,thereof by certified mail to th -1person or persons keeping
or maintaining A!�h ns.
�ieo�
the kegging of aninid1s. Agiy person whose permit is revoked shall, within 10 days thereafter.
humanely dispose of all p�igeqns being owned. kept or harbored by such person, and no part of
the permit fee shall be refunded. I
SECTION 2. Effective Date. This ordinance shall become effective inunediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance No. 08-148 was adopted on this day of
2016, by a vote of dyes and _ Nays.
kivli_ ��
`sting Iandt
City administrator
11 iMIQ
# !e�
RES*LUTI*fl uh
SUMMARYAND
WHEREAS,adopted Ordinance
ordinancean of pigeons-, and
WHEREAS,! publication
summary in the case of lengthy ordinances or ! ' charts or maps, and
followWHEREAS, the City Council believes that the
publicof i effect of the ordinance.
THEREFORE, BE of
shallthat the City Clerk « published
ordinance -the official newspaper in lieu of the entire
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-148 regulating the
keeping and maintaining of pigeons by
• Restricting the keeping of igeons to lots 2.5 acres or more in size and in RR — Rural
Residential
number• Limiting the • no morethan 20 per residential lot.
regards• Requiring a permit, outliming application requirements.
• Setting forth permit conditions in pigeons and loft
The full text of Ordinance No. 08-1 8 is available for inspection at Lake Elmo City Hall during
regular business hours,
Dated: August 16, 211
Mayor Mike Pearson
ATTEST:
Julie Johnson, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor
thereof. and the following voted against
same:
Whereupon said resolution was declared duly passed and adopted.
R
M/S/P-. Williams/Kretmer, move to recommend rezoning Of the Inwood booster station
property from RR to the PF zoning district, Vote: 5-0, motion carried Unanimously.
ordinance that pertains to the keeping of pigeons.
Dodson thinks the construction of the loft is very specific and is Wondering why.
Wensman stated it was taken out of other code and is probably to keep the birds safe
from predators. Dodson was also wondering why it is limited to RR and AG, Wensman
stated it is because he is trying to restrict it to where there is the least potential for
complaints.
Williams asked how the number 20 was arrived at. Wensman stated that he looked at
the size of the accessory building and worked backwards. Williams is not sure that 20 is
enough.
i ggg�ii gq lig 111� II III �I III
Dodson would like to see the number increased to 60. Larson would like to see 100 as a
maximum.
Kreimer thinks that is a lot of birds on a 2.5 acre lot. No one spoke at the public hearing
and he thinks that we should be restrictive until someone comes in and asks for more.
Griffin stated that it can be a big nuisance if they are not taken care of and saw it first
hand this summer. Dunn agrees that we should add to the code, but should be more
restrictive for now. Kreimer would like to see on page 3 letter K read "Pigeon lofts may
be located in the rear yard only and shall be at least 50 feet from property lines and
adjacent habitable structures." Williams would like to Include In 95.117 an item C that
Lake Elmo Planning Commission Minutes; 1-11-16
M
would state "Any property where pigeons would be kept will have a principle use
conforming to the zoning ordinance."
Williams would like to add under 95.117 letter D "The property will be the primary
residence of the pigeon keeper."
M/S/P: Williams/Kreimer move to recommend approval of the ordinance pertaining to
the keeping of pigeons with the 3 suggested changes, Vote: 5-0, motion carried,
unanimously.
3—rchnance Amenament-77MIT
ordinance as it pertains to hunting.
Wensman started his presentation and stated that this is being brought forward based
on the number of calls the City received this fall. Wensman stated that the City might
want to consider producing a map each year to designate where hunting is allowed.
Public Park, public trail, ROW and public school was specifically added. Wensman ran
these changes through Washington County sheriff and they were in support and liked
the idea of a map.
Griffin would like to see some distinction between shotguns and rifles. She would like to
see rifles prohibited in the City. The Commission was wondering how this applies to
conceal and carry and how 130.15 (B) (2) would apply. Wensman stated that he can
bring it back to the City Attorney, Dodson asked how much of this had to do with land
use and if it really needed to come to the Planning Commission.
I I I I F Egg •1
Public Hearing Closed at 10:30 pm.
Kreimer was wonaering wrfum-,FIN 7W TV,- :77
Wensman stated that he looked at it only from the standpoint of hunting.
M/S/P: Williams/Kreimer move to postpone consideration of the weapons and hunting
ordinance until clarification on 4 issues is received, Vote: 5-0, motion carried,
unanimously.
Council Updates — December 15, 2015 Meeting
1. CUP Amendment -Oakdale Gun Club —Approved
2. Preliminary Plat Approval-Reider —approved.
3. ZTA-Uses in Rural Districts — Repeal uses that were added in 2013.
CITN'OF GENI LAKE, RAMS EY COUNTY, IMINNESOTA
ORDI NANCE. NO. I 10
AN ORDINANCE�-1`0 PER MITAND REGULATE THE KEEPING OF PIGEONS IN
THE CITV OF GEIN1 LAKE, AMENDING ORDINANCE No. 69.
THE CITYC"OUNCIL OFTHE CITY OF GEM LAKE ORDAINS:
SEICTION I. Intent and Purpose. It is the purpose and intent ofthis ordinance to permit the
keeping. maintenance and flying ofeertain registered pigeons as at recreational sport and hobby,
SUbjeCt to regUh1ti0nS hereinafter set forth. The keeping, breeding, maintenance and flying of
tancy, racing and sporting breeds of pigeons, as defined herein, is determined not tee e a
nnisance and is not detrimental to the public welCare., if re&nflated as hereafter set forth. It is
recolonized that the keepnio, breedino. rnainteriance and flvint, Of SUCK pigeons is now mainly
Z, ., I-
ell(,aged in by members of, local, district and national or-anizations, and SUCh persons keep their
pigeons in suitable perrilarient structnres constrUcted and rnaintained fior such purpose, and kecp
such structures in as clean and sanitary manner. and do not permit their fligeons to remain Lit large
in the comin Lill i tV in SUCh manner as to disturb their neighbors or to prevent the bill eqjjoyrnent of*
property riohts by their neighbors.
SECTION 2. AMENDNIE'NT, Section 2.3 of'Orclinance 69 is amended, to add the following
definitions:
Pigeon, A member of the family Columbidae, and shall include -16cino Pigeons-,
"I"ancv Pieons" and "Sporting
I a- -- Pi -eons- as defined in this ordinance.
Iocon - Fancy Pigeon. A piocon which, through past breeding, has developed certain
distinctive physical and perl'orming characteristics as to be clearly identified and accepted
as such bv the National Pi9 con Association. the American Pigeon ClUb. or the Rare
Breeds flig geon Club. Examples, Fantails. Pouters.Trurripcters,
Pigeon - Lot`L A StrUCUU-C for the keeping 01- 11OUSillo ot'PiO_-e Oils,
I --
Pigeon - Mature Pigeon. .,\ pi.geon aged six months or older%
t--
Pigeon - Racing Pigeon. A pigeon which, through selective past breeding- has
developed the distinctive ph\1sical and mental characteristics as to enable it to return to its
home after having ticen released as considerable distance ttierefron-i, and which is accepted
,is Stich by the American Racint, Pioeon Union, Inc, or the International 1"ederation of
Racino Pigeon l"anciers, Common names are Racing Homer. 1-forrung Pigeon, or Carrier
Pigeon.
11ioeon - Sporting Pigeon. A pigeon which, through selcctive past breedim,, has
developed the ability to fly in as disonctive manner, such as aerial acrobatics or endurance
flying, Examples: Rollers, 'Fipplers,
SF,CTION 3. ANIENDMENT, Section 3 of'Ordinance 69 is amencled to add the followinu
sub -sections -
Section 3), 12 Keeping cal` Pigeons, T'he keeping. breedin-. maintenance and pyingoft-at�lgeolls
1� t, -
may be permitted subJect to the f`o1Iowli1l,(,1,.*
I I A loft must be constructed and triaintained to keep and con I ine the pi,,eons, 'Flic
lol't must provide at least nine CUbic feet of space per bird. The loft must be enclosed
with kvire netting or equi'valent material that will prevent ph,,,,,eons front escaping the
coat ines o f the I oft, Lofts naust be elevated as minimum of'six inches and as maNit'111,1111 of
twelve inches above gade to ensure free -way beneath the loft. Lofts shall rest upon
concrete lbounos. cement blocks, or other suit,'1111C foundation material. A lott may have as
MILiximum height ofnine feet.
3, 12.2 T'he lot! must be C01IStrUded anti maintained so as to be rodent -proof,
3.1213 The owner may con-strUCt f)i6)e0u 10ftS Up to as cunlulative maximurn floor area of'
200 sqUare feet. Any sin,,le loft with over 120 square IM in floor ,irca requires a
building permit. as with other accessory StrUCtUres,
3 3.12A Pigeon lofts may be located in the rear vard only, and sh.all be at least 50 feet front
adJacent habitable structures.
312.5 PiOcOns shall be confined to the loft except kvhen they are released tor exercise,
performance. training, or to return From areas outside the City of Gen Lake for the
PLU-POSC ol*engaging in as race or returning from training flights.
1-6 All pigeons shall be fed within tile conlines of, the loft Oil the premises Oil -X\hich
C�
the PiCIC011S are housed.
.12. A] I -rains and lbod stored for the use Of the PifleOuS Oil a licensed premises shall
Z7
be kept in as rodent-proofcontainer,
12 .,8 Pigeons must be handed in as Nvav to identify each piocon as kept by its owner,
1 -.9 All premises oil which pigeons are kept or maintained shall be kept reasonahly
clean front filth, garbage, and any substances which attract rodents. 'I'lle loft and its
SUrroundinos Must be cleaned daily.
12,10 No one shall release pigeons to fly I'm exercise, training Or Competition within
the Citv of' Gent Lake except, an owner ofpio ons NAvi-to is a member in gZ�ood standing of
_-e -
an organized pio on club, such as the American Racinc, Pioeo �11 Inc., ge 1� g 11 1, ion c. tile
International Federation of Racino Phueon Fanciers, the National Pn,eon Association. the
American Tippler SocictV. the International Roller Association. the Rare Breeds Pigeon
Club, or a local club which has rules that will help preserve the peace and tran(JUility 01'
the neighborhood,
SECTION 4. AMENDMENT, Section 4, of Ordinance 69 is hereby amended to add tile
tblio,wing sub -sections -
Section 42. Pigeon Keeping License, No person shall own, keep or harbrn- pigeons within tile
g
Citv of` iern Laie Without first obtaining as license. Applicant shall complete an application I'ta-m
Ilrovided by the City% The application shall include,
but not he lianted to the following
intbrination: as site plan showing the location and size of* the premises, and the location size and
type of all pigeon lofts, and denionstration that said lofts will comply with City zonim,
requirements: as statement ofthe maxinruni number of pigeons to be kept oil the premises at one
time, and art a0reement by the applicant that the pren-lises may be inspected by the City at all
reasonable thries so as to ZISSUre compliance with the conditions Outlined in Section 3'J2, Only
one license may be issued per property,
4_1 1 DUration of' License, Fee. l"ach license is -stied herCUnder shall expire one C l year
after issuance unless sooner revoked. A license 1111.1st be renewed annually to C011611LIC
the keeping of pigeons, The City Council shall set the annual t'ee for a license by
ordinance With other City fees, Fees shall be paid at the tinic of the making of 111c
I pplication tarlicense or renewal,
el
4,21.2 Number of Animals, `Fhe number of' pigeons permitted to lie kept under an
approved license is calculated by dividing the volume of loft space by nine (111illiTnUrn
space per bird). The maximum number of lit.geons allowed to any licensee, regardless of
capacity, is 120 birds 1"rom March I to iMay )1, and 9() bit -cis during the rest of the year.
4,23 Denial or Revocation, 'Flic pigeon -keeping license may'< be revoked, or renewal
denied, it' the licensee fails to coulpiv with Julius on number of pigeons or any of the
conditions of tfined in Section 3,1 _1
SECTION 5. Se'verability , Should anY Section, SUbdivision. clause or other provision of this
Ordinance be held to be invalid in any COUrt of competent jurisdiction, such decision shall not
affect the validity of the Ordinance as as whole, or ol'any part hereof" other than the part held to
be invalid,
SECTION 6. Elffective Date. This Ordinance shall take effect aaaid be in rorce fr(:)m and after its
passage and publication,
Dated, oog
�Nmwt
Robert U7,pen or illiam Short Clerk
Surninary ol'Ordinance 110 approved by City Council and published in the White Beat- Press oil
21009.
TI 1E CITY OF
LAKE ELMO
won=
MAYOR AND COUNCIL COMMUNICATION
DATE: August 16, 2016
REGULAR
ITEM #: 21
MOTION
AGENDAITEM : Removing the Prohibition of Solid Wall Fences Over Four Feet in Height on Any
Lot Under'/2 Acre
SUBMITTED BY: Kristina Handt, City Administrator
REVIE)VED BY: Councilmernbers Flifiet and Smith
Stephen Wensman, Planning Director
SUMMARY AND BACKGROUND:
Councilmember Fliflet, seconded by Councilmember Smith, is requesting that the City Council direct
Staff to amend the City's Fencing Regulations by repealing Subd. (E) (3), which prohibits solid wall
fences over four (4) feet in height. This prohibition creates complexities in the fencing regulations.
ISSUE BEFORE COUNCIL:
Council is respectfully requested to consider if this Subdivision of the City's fencing regulations should
be removed and, if so, direct Staff to prepare a report to bring to the Planning Commission for a public
hearing.
PROPOSAL DETAr-LS/ANALYSIS:
The City's fencing regulations are rather complex as compared to other cities. A brief history is provided
below of changes to the fencing regulations that show details as to how this particular regulation was
adopted. All other provisions of this Section would remain,
• 5/13/22013: Fence regulations are discussed at the Planning Commission meeting. Regulations at
that time prohibited privacy fencing, and the proposed ordinance amendment allowed for solid
fences up to six feet in height except in front and side (comer) yard setbacks. Anticipated higher
density residential development was cited as the reason for the recommendation of allowing
privacy fencing, as the demand for this type of fencing would likely increase.
• 5/23/2013: Public Hearing is held on the ordinance. There is discussion over whether or not the
air and openness requirement for those portions of a fence over 4 feet in height is appropriate, but
the final version of the amendment does not include the provision.
• 6/4/2013: The fence ordinance amendment is brought to Council. There is concern about allowing
six foot solid wall fences in small yards. A discussion about the ordinance at a workshop is
requested.
• 6/11/2013: Item is brought to Council Work Session. Concern is again expressed about solid wall
fences being put up on smaller lots. There was discussion about prohibiting such fences on lots of
1/2 acre or less, and there is concern that this could be seen as discrimination against those
property owners of such lots.
• 6/18/2013: Fence ordinance amendment is on the agenda but tabled until the next meeting when
all members are expected to be present.
• 7/2/2013:> The fence ordinance amendment, along with an alternative version of the proposed
amendment, is discussed. The alternative version prohibited solid wall fences over four feet on lot
V2 acre in size. There was a significant amount of discussion over whether or not to strike the 1/2
acre lot size provision. The matter was tabled to a later council meeting.
• 7/16/2013: The ordinance amendment that prohibits solid wall fences over four feet in height is
MEW
FISCAL IMPACT:
Less Staff time may be spent in processing fence permit applications and enforcement of this Subdivision.
OPTIONS:
The City Council should consider whether or not to recommend that Staff and the Planning Commission
hold a public hearing and consider recommending approval of an amendment to the City's Fencing
Regulations.
RECOMMENDATION:
Councilmember Fliflet, seconded by Councilmember Smith, is requesting that the City Council direct
Staff and the Planning Commission to hold a public hearing and consider recommending approval of an
amendment to the City's Fencing Regulations that repeals ubd. (E) (3) of Section 154,205: Fencing
Regulations of the City Code:
"'Move to direct City Staff and the Planning Commission to hold a public hearing and consider
recommending approval of the City's Fencing Regulations that repeals Subd. (E) (3) of Section
154.205.- Fencing Regulations of the City Code."
AGENDA ITEM: Village Preserve 2d Addition Developer's Agreement
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Uandt, City Administrator
VIEWED BYJack Griffin, City Engineer
Sarah Sonsalla, City Attorney
RECOMMENDATION: Staff is recommending that the City Council approve a developer's
agreement associated with the Village Preserve 2d Addition residential development. The
agreement has been drafted based on a draft developer agreement template that Staff' has been
updating for future approval by the Council. --- ----
DEVELOPER AGREEMENT TEMPLATE UPDATE: The City Council adopted a new
Developer Agreement Template in January 2016, which improved upon the way in which the
Developer Security was released.. Since that update, Staff has continued to update the template
based on reasonable requests by developers and Staff generated refinements with the intent of
having a template that addresses various development scenarios and best practices. Staff had
intended to bring the draft template forward for Council approval concurrently with this
Agreement, however, Staff would like to conduct farther research and potential include
additional updates prior to approval. This .Developer Agreement is similar to the January 2016
template, but differs as follows:
1. This Agreement allows phasing of the construction activities for the purpose of receiving
building permits within the phase of a plat provided that the Developer receives City staff
approval for the construction phasing plan prior to the preconstruction meeting and the
phasing plan is incorporated into the final approved construction plans. This will allow
the Developer to plat a larger development area, but phase construction. in a manner that
allows building permits to be issued at preapproved stages of the development, yet in
such a way that City staff can manage the development process effectively and
efficiently._ _
2. The Agreement separates the security release for Landscaping from others. Landscaping
is among the last of improvements in a development, and with a two year warranty, has
been holding up larger security releases.
-- page 1 --
City Council Meeting [Regular Agenda hem 22 ]
8/16/2016
3. Section 20, Landscaping and Tree Replacement Improvements, was added to strengthen
and clarify the landscaping requirements and responsibility.
4. Title policy, rather than title conimitment, shall be required for land dedicated to the City
at the request of the City Attorney,
5. Section 29, Subd. D was added to ensure permanent or temporary street signs are
installed by the developer prior to building permits for public safety purposes.
C. Section 29, Subd. D was amended to require the Developer to all outstanding special
assessments prior to recording the final plat.
These changes to the template have been reviewed by the City Engineer, the Planning Director
and City Attorney.
LEGISLATIVE HISTORY/STAFF REPORT: The Village Preserve 2nd Addition Final Plat
was approved on April 19, 2016. Staff has drafted the developer agreement consistent with the
conditions of approval for the Village Preserve 2nd Addition Final Plat and based on the January
2016 Developer Agreement Template with the changes outlined above. The key aspects of the
agreement include the following components:
• That all required public improvements be completed by October 31, 2017, with the
exception of the final wear course of asphalt on streets.
• That the developer provide a letter of credit in the amount of $815,712 related to the cost
of the proposed improvements.
• That the developer provide a cash deposit of $332,249 for SAC and WAC charges,
AUAR fee, engineering administration, one year of street light operating costs, and other
City fees.
The proposed project does not include any specific City payments for utility oversizing or other
reasons,
FISCAL IMPACT: Direct Payments to Developer —alone; there are no City payments for
oversizing of utilities or for other reasons included in the agreement. Future financial impacts
include maintenance of streets, trails, sanitary sewer mains, water ins and other public
infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease
payments for street lights, and other public financial responsibilities typically associated with a
new development. The City will collect building permit fees, Sewer Accessibility Charges and
Water Accessibility Charges, and an AU AR fee for the 45 lot subdivision.
SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize
execution of a developer's agreement for the Village Preserve 2nd residential development. The
attached agreement was based on the approved development agreement template, since amended
as outlined above, with all changes specific to the Village Preserve 2 d Addition project. This
agreement must be executed and conditions complied with before any construction activity,
outside of the previously authorized grading work, may proceed on the site. No work on the site
-- page 2 --
71f Council Meeting [ egular �f ;enda Item 2l201
will occur until the preliminary plat plans, are updated and approved, the conditions of final plat
are complied with and the plat is recording with Washington County, The recommended motion
to take action can the request is as follows:
"'Move to adopt Resolution 20 - 70 approvinge developer's agreementfor Village Preserve
2" 4 Addition"
1. Resolution 2 1 -71}
2. Tillage Preserve 2nd Addition: Developer's Agreement
page'
wasill N�wll
m Iginumn 1 awwom
WHEREAS, the City of Lake Elrno is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
I
the City of Lake
WHEREAS, the Lake Elmo City Council approved the Village Preserve Preliminary Plat
on July 15, 2014; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2016-035 on April 19,
2016 approving the Final Plat for Village Preserve 2 d Addition; and
WHEREAS, a condition of approval of said Resolution 2016-03 5, establishes that, prior
to execution of the Final Plat by City officials, the Applicant shall enter into a Developer's
Agreement with the City, and
WHEREAS, the Applicant and the City have agreed to enter into such a contract and a
copy of the Developer's Agreement was submitted to the City Council for consideration at its
August 16, 2016 meeting,
NOW, THEREFORE, BE IT RESOLVED THAI the City Council does hereby
approve the Developer's Agreement for Village Preserve Ind Addition and authorizes the IhAYOT
and city Clerk to execote the document,
Passed and duly adopted this 16th day of August,. 2016 by the City Council of the City of Lake
Elmo, Minnesota.
Mike Pearson, Mayor
Julie Johnson, City Clerk
(reserved, recording information)
Village Preserve 2 "d Addition
AGREEMENT dated by and between the CITY OF LAKI
ELMO a Minnesota municipal corporation ("City"), and GWSA Land Development, LLC, a
Minnesota limited liability company (the "Developer").
REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve I
plat for Village Preserve 2nd Addition (referred to in this Contract as the "plat). The land is situated in the
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition
RECOVER 111 11 11111 1 �lillI�il
UNIT
A I
0 1 111 Hill III 1 1111111 jp!�I�111 �iiiiii!ilillIil�l
within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any building ]
a until ll the following conditions have been satisfied* 1) this agreement has been fully executed by bot
REV2: 04/18/2016 1
parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has
issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that
4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the
City may refuse to approve final plat$ of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges and availability
charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the
plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outiots, within five (5) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROIL8. For two (2) years from the date of this
Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the
use, development density, lot size, lot layout or dedications of the approved final plat unless required by
state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding
anything in this Contract to the contrary, to the full extent permitted by state law, the City may require
compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
7. DEVELOPMENT PLAII The plat shall be developed in accordance with the folloWiril
plans and at the Developer's sole expense. The plans shall not be attached to this Contract, If the plans
� I I � ii I 1 1; � � � � � � I � � I I � � I I�illill 1 1
1 1 . A
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
REVI 04/18/2016
mprovements
flan E - Street ighting Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
X Streets
B. Sanitary Sewer
C. Watermain
D. Surface Water Facilities (pipe, ponds, rain gardens, etc.)
E. Grading and Erosion Control
F. Sidewalks/Traits
G. Street Lighting
H. Underground Utilities
1. Street Signs and Traffic Control Signs
J, Landscaping
K. Tree Preservation and Reforestation
L• Mitigation and Buffers
M. Monuments Required by Minnesota Statutes
N. Miscellaneous Facilities
The improvements shall be installed in accordance with the< City subdivision ordinance and the City's
Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer.
The Developer shall submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developers engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance, In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on
a full or part-time basis. The Developer's engineer shall provide for on -site project management. The
Developer's engineer is responsible for design changes and contract administration between the Developer
REV2: 04/18/2016
and the Developer"s contractor. The Developer or his engineer shall schedule a pre -construction meeting
at a mutually agreeable time at the City Nail with all parties concerned including the City staff, to review the
program for the construction work.
All labor and work shell be done and performed in the best and most workmanlike mangier and in
strict conformance with the approved plans and specifications. No deviations from the approved plans and
specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to
furnish to the City a list of contractors being considered for retention by the Developer for the performance
of the work required by the Contract. The Developer shall not do any work or furnish any materials not
covered by the plans and specifications and special conditions of this Contract, for which reimbursement is
expected from the City; unless such work is first ordered: in writing by the City Engineer as provided in the
specifications.
9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION. At the time of Final Plot, the Developer shall submit an escrow for City Engineering
Administration and Construction Observation in an amount provided under paragraph 38, Summary of
Crash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of
receiving an invoice, for all engineering administration and construction observation performed during the
construction of the plat After 30 days of the invoice, the City may draw upon the escrow and stop the work
on site until said escrow has been replenished in its full amount. City engineering administration will include
monitoring of construction progress and construction observation; consultation with t h e Developer
and his engineer on status or problems regarding the project, coordination for testing, finial inspection and
acceptance, project monitoring during the warranty period, and processing of requests for reduction in
security. Construction observation may be performed by the Citys in-house staff or consulting engineer.
Construction observation shall include, at the discretion of the city, part or full time inspection of proposed
public utilities and street construction. Services will be billed on an hourly basis.
R.EV2.04d 811 Q1E
The direction and review provided through the inspection of the improvements should not be
considered a substitute for the Developer required management of the development. The Developer will
cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior
to the commencement of construction of each type of Improvement. City shall inspect all Developer
Installed Improvements during and after construction for compliance with approved plans and
specifications. The Developer will notify the City Engineer at such times during construction as the City
Engineer requires for inspection purposes. Such inspection is pursuant to the City's governmental
authority, and no agency or joint venture relationship between the City and the Developer is thereby
created.
10. CONTRACTORS/sUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
kkil
111. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
I
A. Right -of -Way Excavations and Obstructions:
• City of Lake Elmo, Right -of -Way Utility Installation(s)
City of Lake Elmo, Right -of -Way Obstruction(s)
• Washington County, Utility Installations(s)
Washington County, Street or Driveway Access(s)
• Minnesota Department of Transportation, Utility Installation
• Minnesota Department of Transportation, Right -of -Way Permit
B. Watermain Extensions:
0 Minnesota Department of Health
C. Sanitary Sewer Extensions:
0 Minnesota Pollution Control Agency
0 Metropolitan Council Environmental Services
D� Stormw—ater Management:
Valley Branch, Brown's Creek or South Washington Watershed District Permit
E. Erosion, Sedimentation Control:
0 Minnesota Pollution Control Agency, General NPDES Stormwater Permit
0 SWPPP (Stormwater Pollution Prevention Plan)
REV2: 04/18/2016 5
F. Wetland Mitigation:
4- Board of Water and Soil Resources, WCA
GConstruction Dewaterincl:
. Minnesota Department of Natural Resources
12. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by October 31, 2017, with the exception of the final wear course of asphalt on streets.
The Developer shall install the bituminous wearing course of streets after the first course has weathered a
winter season, consistent with warranty requirements, however final acceptance of the improvements
will not be granted until all work is completed including the final wear course. The Developer may,
however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and amending this agreement to
reflect the extended completion date. Final wear course placement outside of this time frame must have
the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the subdivision via
Lake Elmo Avenue N. No construction traffic is permitted on other adjacent local streets.
11 ; 111�1�y1�1�11�11
I 1P, 11 ii ��� I
Developer to construct the improvements in a sequence which will allow progress and compliance points
to be measured and evaluated. The Developer and/or its representatives are required to supervise
and coordinate all construction activities for all improvements and must notify the City in writing stating
when the work is ready for the inspection at each of the measurable points defined in the following
paragraphs 16, 17 and 18.
16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. Erosion control practices
REV2: 04/18/2016 6
must comply with the approved plans and specifications for the plat, with all watershed district permits and
with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional
erosion control requirements as deemed necessary. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but
failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the
Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the
City may draw down the security to pay any costs. No development, utility or street construction will be
allowed and no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all responsibility for erosion control compliance throughout the plat and the City may take such
action as allowed by this agreement against the Developer for any noncompliant issue as stated above.
Erosion control plans for individual lots will be required in accordance with the City' s building permit
requirements, or as required by the City or City Engineer.
17, GRADING PLAN. The plat shall be graded in accordance with the approved grading
drainage and erosion control plan, Plan "B". The plan shall conform to the Engineering Design and
Construction Standards Manual. All grading shall be completed within the Subdivision prior to the
preparation and submittal of the as -constructed grading plan.
A. Within thirty (30) days after completion of the grading, the Developer shall provide
the City with a "record" grading plan certified by a registered land surveyor or engineer that all ponds,
swales, and ditches have been constructed on public easements or land owned by the City. The "record"
plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b)
location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any,
ditches, locations and dimensions of borrow areas/stockpiles; c) lot comer elevations and house pads;
REV2: 04/18/2016 7
B. The City will not issue any building permits until the approved certified record
18. STREET AND UTILITY IMPROVEMSNTS. All storm sewers, sanitary sewers, watermain,
and streets shall be installed in accordance with the approved Plans and Specifications for Public
Improvements, Plan "D". The plan shall conform to the City's Engineering Design and Construction
Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, boulevards
graded, street signs installed, and all restoration work on the site shall be completed in accordance with the
approved plans. Once the work is completed, the developer or its representative shall submit a written
request to the City asking for an inspection of the initial improvements. The City will then schedule a walk-
through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list
provided by the City, the punch list items must be completed by the Developer and the City notified to re-
inspect the improvements. The final bituminous wear course shall be installed in accordance with
paragraph 12 above.
responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be
placed when hazards develop in streets to prevent the public from traveling on same and to direct attention
to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the
event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface
and provide proper surface drainage to insure that the streets are passable to traffic and emergency
vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of
dirt and debris that may spill, track, or wash onto the street from the Developer's operation.. If the City, for
any reason plows snow prior to final acceptance of the streets by the City, the City shall not be responsible
for repairing the streets because of damage caused by the snow plowing operations. The Developer shall
contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping
and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City
REV2:04/18/2016 8
before grading is started. The contract shall provide that the City may direct the contractor to clean the
streets and the contractor will bill the Developer.
20. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
A. The Developer agrees to install landscaping in accordance with the approved
Landscape Plans and as required by City Ordinances. All landscaping materials such as trees, shrubs,
grasses, or other vegetation installed by the Developer according to the approved Plans shall be
warranfied and maintained for a period of 2 years. The 2 year warranty period shall be deemed to start
once all required landscaping identified as responsibility of Developer in the approved Plans has received
acceptance by the City. The Developer agrees to have the installer of said landscaping complete an
inspection thirty (30) days prior to the end of the 2 year warranty period and provide the City with a written
report identifying the condition of all landscaping. In the event any landscaping installed by the Developer
is deemed to be in poor condition or dead, the developer is to replace said landscaping with like kind
materials or as otherwise approved by the City.
���=EZMMZ
over -seeding necessary to establish final lawns and yards as identified in the approved Plans for Outlots,
public rights -of -way, and any disturbed areas outside the plat boundaries according to an approved
landscape maintenance plan. The Developer agrees to achieve "substantial performance" on all seeded
or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the
purpose of this agreement "substantial performance" shall be defined for areas seeded or sodded with a
turf or lawn mix as "square foot turf areas with an average blade height of three inches free of eroded,
bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil," For
areas seeded with a native grass or flower mix "substantial performance" shall be defined as "square foot
native grass or flower areas with an average height of 8 inches free of eroded, bare, or dead spots and no
visible surface soil,"
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract, the improvements lying within public easements shall become City property,
Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete
REV2: 04/t8/2016 9
set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City's
Engineering Design and Construction Standards Manual together with the following affidavits:
certifying that all construction has been completed in accordance with the terms of this Contract. All
review and verification by the City Engineer, the City Engineer will accept the completed public
the areas to be platted within the Village Preserve Preliminary Plat as part of the Village Preserve
AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC)
and all water availability charges (WAC) with respect to the Improvements required by the City and any
I 1 0
The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the
Developer prior to the City recording the final Plat. The total amount to be paid by the Developer is
The water availability charge (WAO in the amount of $3,000.00 per REU shall be paid by the
15eveloper prior to the City recording the final plat. The total amount to be paid by the Developer [a -
In addition, a sewer connection charge in the amount of $1,000.00 per REU, a Met Council sewer
24. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of
I I IN I I I�
REV 2:04/18/2016 10
respect to the environmental review completed by the City. The Village Area Alternative Urban
Areawide Review (At AR) fee in the amount of $230.00 per REU shall be paid by the Developer prior
25. TRAFFIC CONTROL SIGNS. The Traffic control signs shall be included as part of
iiiiiiiMMB1F.�ii 111111pp�11�1� 111111p��11� ��
26. STREeT LIGHTS. The Developer is responsible for the cost of street light installation
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developer shall post a security for street light installation consistent with the approved plan. The
required security is $36,000 and consist of six (6) decorative lights at $6000 each. The Developer shall
also pay $774.00 in payment of the first year operating costs for street lights.
in accordance with the approved Plans and Specifications and in accordance with any applicable
I Watershed or agency Permits. if the mitigation work is found to be incomplete or restoration is
A. No building permit shall be issued for any lot within the Plat, or within a completed
phase of the Plat in a City preapproved phasing plan, until such time that sanitary sewer, water, storm
sewer, curbing and one lift of asphalt has been installed for all public streets', and record grading plans
have been submitted and approved by the City Engineer. A preapproved phasing plan is defined as a
B. Issuance of a Single building permit for a "model home' may be authorized by the
REV2: 04/18/2016 11
safe public access to the subject lot that is sufficient to allow construction to proceed and there is a
record grading plan approved by the City Engineer for the subject lot and all downstream storm water
drainage facilities. The City will not issue a certificate of occupancy for any "model home" until all
conditions identified in Section A above have been completed.
C. Prior to issuance of building permits, wetland buffer monuments shall be placed in
accordance with the City's zoning ordinance. The monument design shall be approved by the
Community Development Department.
D. Prior to issuance of building permits, permanent or temporary street signs shall be
E. Breach of the terms of this Contract by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and/or
withholding of other permits, inspection or actions, including lots sold to third parties, and the halting of all
work in the plat.
F. If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
G. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and approved by the City
A. In the event that the City receives claims from labor, materialmen, or others that
work required by this Contract has been performed, the sums due them have not been paid, and the
laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the
City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit
REV2: 04/18/2016 12
the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to legal, planning,
engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and expenses
incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at
the time, must be fully paid prior to execution and release of the final plat for recording.
C. The Developer shalt hold the City and its officers, employees, and agents harmlesl
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
E. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all outstanding special assessments prior to recording the final plat.
w
F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall
be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will
If ^
30. SPECIAL PROVISIONS. The following special provisions shall apply to
plat development:
A. Implementation of the recommendations listed in the March 28, 2016, Engineering
33�•
REV I 04/18/2016 13
B. Upon the recording of the final plat, the Developer shall convey Outlot A, Village
D. All trails shall be located Within easements granted or land dedicated to the City of
Lake Elmo. Title policy shall be provided for all land so dedicated �
vtI4 of tie bubliC-
improvements for the subdivision and easements are provided Where required by the City.
31. MISCELLANEOUS.
A. The Developer may not assign this Contract Without the written permission of the
City Council, The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any Part of
B. Retaining walls that require a building permit shall be constructed in accordance With
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
*4,9.4ce with the aoorov I •
-
specifications. All retaining walls identified on the development plans or by special conditions referred to In
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
Q Appropriate legal documents regarding Homeowner Association docume ts,
covenants and restrictions, as approved by the City Attorney, shall be filed with the final plat. No third -
party beneficiary is hereby conferred.
1 EV2:04/18/2016 14
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City
signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written
notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Contract.
R If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract,
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract, To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council, The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer has fee
title to the property being final platted and/or has obtained consents to this Contract, in the form attached
hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the
property being final platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
1. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
REV2:04/18/2016 15
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
J. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
32. EVENTS OF DEFAULT. The following shall be "Events of Default' under this Agreement
and the term "Event of Default"" shall mean, whenever it is used in this Agreement, any one or more of the
following events:
A. Subject to unavoidable delays, failure by t h e Developer to commence and
complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this
Agreement.
B. Failure by t h e Developer to substantially observe or perform any material
covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement.
33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to
any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed
instrument of the City, may take any one or more of the following:
& The City may suspend its performance under the Agreement until it receives
assurances from t he Developer, deemed adequate by the City, that Developer will cure its default and
continue its performance under the Agreement. Suspension of performance includes the right of the City to
withhold permits including, but not limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this agreement or recover any amounts
due under this Agreement from the Developer, or immediately draw on the Letter of Credit, as set forth in
REV2: 04/18/2016 16
mmm�,�
City to enforce the terms of this Agreement against the Developer, by action for specific performance or
damages, or both, or by any other legally authorized means. The Developer also acknowledges that its
failure to perform any or all of its obligations under this Agreement may result in substantial damages to
the City; that in the event of default by the Developer, the City may commence legal action to recover all
damages, losses and expenses sustained by the City; and that such expenses may include, but are not
limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
35. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. Twenty-five percent (25%) of the
A. The required warranty period for all work relating to the public sewer and water shall be
BThe required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year
C. The required warranty period for sod, trees, and landscaping is 2 gromfing seasons
36. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this agreement, payment of special assessments, payment of the costs of all public improvements,
and construction of all public improvements, the Developer shall fumish the City with an irrevocable letter of
credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of
Credit ("security") for $815,712. The amount of the security was calculated as follows:
CONSTRUCTION CATEGORY: COST 125%
1 . Grading 60,786 75,983
REV2., 04/18/2016 17
2. Sanitary Sewer
$60,734
$75,918
3. Watermain
$120,071
$150,089
4. Storm Sewer (includes pond structures
$41,671
$52,089
and outfall pipes)
5. Streets
$219,972
$274,965
6. Trails and Sidewalks
$58,525
$73,156
7. Surface Water Facilities (infiltration basins,
N/A
N/A
bio retention basins, rain gardens, etc.)
8. Street Lighting
$36,000
$45,000
9: Street Signs and Traffic Control Signs
$2,540
$3,175
10. Private Utilities (electricity, natural gas,
N/A
N/A
telephone, and cable)
11. Landscaping
$26,745
$33,431
12. Tree Preservation and Restoration
N/A
N/A
13. Wetland Mitigation and Buffers
N/A
N/A
14. Monuments
$4,500
$5,625
15. Erosion and Sedimentation Control
$18,525
$23,156
16. Miscellaneous Facilities
N/A
N/A
17. Developer's Record Drawings
$2,500
$3,125
CONSTRUCTION SUBTOTAL
$652,569
N/A
TOTAL PROJECT SECURITIES at
N/A
$815,712
125% Construction Costs)
This breakdown is for historical reference; it is not a restriction on the use of the secu0ty. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security, without notice, for
any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the
required term. If the required public improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down, If the security is drawn down, the proceeds shall
be used to cure the default.
37. REDUCTION OF SECURITY. Upon written request by the Developer to the City Engineer
and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance
with the approved plans and specifications, and terms of this Agreement, and that all financial obligations
to the City have been satisfied, the City Engineer may approve reductions in the security as follows:
REV2: 04/18/2016 18
A. Upon completion of grading operations, including temporary site restoration,
Developer shall submit an as -built grading survey to the City that at a minimum establishes the as -built
grades at all lot corners and downstream drainage conveyance systems and storm water ponds. Upol
inspection of the site and approval of the as -built survey, 100%, or $0� of the grading security may bl
13Up to 75% of the security provided in accordance with paragraph 36 may be
released upon completion of the following key milestones of the project as determined by the City
CConstruction Categories 2 and 3- The amount of $169�505 may be released when
all sanitary sewer and watermain utilities have been installed, all testing and televising has been
D. Construction Categories 4 and 5. The amount of $245,290 may be released when
, all streets, and storm sewer have been Installed and tested, and have been found to be complete to the
satisfaction of the City Engineer including all corrective work for any identified punch list items and
if i"tr6WL: Vprifi-
E. Construction Categories 6-10 and 14-17: The amount of $114,928 may tM
released when all remaining Developer's obligations under this Agreement have been completed
including: (1) bituminous wear course, (2) street fighting and private utilities, (3) sidewalks and trails, (4)
bio retention facilities, (5) iron monuments for lot corners have been installed, (3) all financial obligations
to the City satisfied, (4) the required "record" plans in the form of the City standards have been received
and approved by the City, and (5) the public improvements are accepted by the City Engineer and City
F. Construction Categories 11, 12 and 13. The amount of $25,073 may be released
p p I i !J pill
'61'Or I *JPW
lis oil
I
G. Twenty-five percent (25%) of the original security amounts, excluding grading and
REV2: 04/18/2016 19
landscaping improvements shall be retained until: (1) all improvements have been fully completed and
excepted by the City, including all corrective work and warranty punch list items, (2) all financial
obligations to the City have been satisfied, and (3) the warranty period has expired.
H. Twenty-five percent (25%) of the original landscaping security amounts shall be
retained until. (1) all landscape improvements have been fully completed and excepted by the City,
including all corrective work and warranty punch list items, (2) all financial obligations to the City have
been satisfied, and (3) the warranty period has expired.
L In addition to the above project milestone based security reductions, the Developer
may submit written request to the City Engineer and upon receipt of proof satisfactory to the City
Engineer that work is progressing in accordance with the approved plans and specifications, and terms of
this Agreement, and that all financial obligations to the City have been satisfied, the City Engineer may
approve acane-time reduction in the security for Construction Categories 2-5 in an amount not to exceed
fifty percent (5 %) of the initial security amounts
J. It is the intention of the parties that the City at all times have available to it a Letter
of Credit in an amount adequate to ensure completion of all dements of the Subdivision Improvements
and other obligations of the Developer under this Agreement, including fees or casts due to the City by
the Developer. To than end and notwithstanding anything herein to the contrary, all requests by the
Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that
principle.
38. SUMMARY OF CASH REQUIREMENTS. The fallowing is a summary of the cash
-ruiremenis Tno�,- -a a - - - • a. .se • .
Sewer Availability Charge (SAC) $135,000.00
Water Availability Charge (WAC) $135,000.00-
Park Dedication N/A
AUAR fee $10,3 0,00
Street Light Operating Fee $ 74.0
City Base Map Upgrading ($ 5.g3 per REU) $1,125.00
City Engineering Administration Escrow $50,000�30
TOTAL` ' ', t
R 2: tl tl J201 20
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 10850 Old County Road 15, Suite #200, Plymouth, MN 55441. Notices to the City shall
be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified
mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue
N. Lake Elmo, Minnesota 55042.
40. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership cl
BY:
(SEAL) Mike Pearson, Mayor
1EVI, 04/18/2016 21
AND
Julie Johnson, City Clerk
EE=
BY:
It's Chief Manager
TATE OF MINNESOTA
(ss.
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this_day, of, 1
2016, b Mike Pearson and by Julie Johnson, the Mayor and City Clerk of the City of Lake Elmo, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this dray Of
Z016, key —the
Of
DRAFTED BY:
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3901
REV2: 04/18/2016 22
FEE OWNER CONSENT
TO
�- owners of all or partI
- ,e- ; „e-2d24 \ , : „ \ -„ „ -■■-:t■,- . z.. i : .e,l, , t', z■ ,xe tobe� .
b.4 ,. lam« z. he sam ay a,■
that portion o the subject property,- by them.
Dated this_day of 1 201&
STATE OF MINNESOTA }
........ (ss.
COUNTY OF� ƒ
The ,foregoing instrument Wasp know edged before me th%^day «f . & d»y
. .. .
■rA®L.�«
DRAFTED BY.
City iLake . a
Lake Elmo, . .a.
uJ,
REK04/7 23:
MORTGAGECONSENT
I TO
DEVELOPMENT C T ACT
which holds ;a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full farce and effect even if it forecloses on its mortgage,
Gated this clay of 1 ;
STATE OF MINN SOT
{ ss.
COUNTY OF
The foregoing instrument was acknowledged before me this clay of
2016, by
10 [oil IM 21 .
bkAFTEbc
City of Lake Elm6
Lake Elmo, MN w.
CONTRACT C ASS CONSENT
T
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the dev;l;�ment of which is governed by
- • -e• • i• - •s - • - •• . s - • - a • . - -• • -s -
•- bound by - provisions as the same may apply to that portion of . subject property . . is a
contract purchasees interest,
Dated this day of , Z016.
STATE OF MINNESC TA
COUNTY ' OF }
The foregoing instrument was acknowledged before me this dray of
U.. i w 31.91
DRAFTED
City of A
sli
Elmo,Lake 4
s
RV2; 04/1 /2016 2
EXHIBIT"AP
TO
DEWSLOPMENT CONTRACT
•t, C, Outlot H, and Outlot.a. •
V2:04/1 /2016 2
INIS001- V , . 44 11411. r1
No.
Date:
We hereby issue, for the account of , _jName gf Developer) ----,and in your favor, our Irrevocable Letter of
Credit in the amount of $_, available to you by your draft drawn on sight on the undersigned bank.
a) Bear the clause, "Drawn under Letter of Credit No. dated 2-, Of
(Name of Bank,
c) Be presented for payment atj6ddress of Bank) on or before 4:00 pm. on November 30,
21
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
nofice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.& Mail, at least forty-five (45) days
prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave, N. Lake
Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal
date,
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein,
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation,
Y.
Its
REV2: 04/18/2016 27
TI 11: CITY OF
LAKE ELMO
OR & COUNCIL COMMUNICATION
DATE- 8/16/2016
REGULAR
ITEM # 23
AGENDAITEM: Hammes Estates Developer's Agreement
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
RECOMMENDATION: Staff is recommending that the City Council approve a developer's
agreement associated with the Hannnes Estates residential development. The agreement has
been drafted based on a draft developer agreement template that Staff has been updating for
future approval by the Council.
City Council Meeting
8/16/201
[Regular Agenda Item _2 ]
These changes to the template have been reviewed by the City Engineer, the Planning Director
and City Attorney,
ee
e
publicAll required 1
exception of the final wear course of asphalt on streets.
A provisions has been added to Section 15, Construction Sequence and. Compliance to
ensure the drainage and erosion control work needed_ to remedy the repeated flooding on
adjacent properties is properly addressed.
approvedConsistent witb the previously developer
cash contribution
until the Goose Lake Park improvements are 'i
The developer will provide a letter of credit in the amount of $3 169,'766 related to the
cast of the proposed improvements which including a boardwalk, and wetland
mitigations and restoration.
That the developer provide a cash deposit of $502,140 for SAC and WAC charges, part
dedication to be putin escrow), engineering administration, one year of street light
operating costs,: and other City fees
Consistent with the previous approved Developer Agreement, a special provision was
protects the 100 foot greenbelt/buffer around Stonegat .
-- page 2 --
City Council Meeting [RegularAgenda Item -231
8/16/2016
-:■5-S TUTT v'T 7777, Accessi DiTiry Cnarges Tor
subdivision.
I= Owe ��Z-IWIIHfill
�.�:�..°°«..��� � .
as outlined above, with all changes specific to the Hammes Estates project. This agreement must
be executed and conditions complied with before any construction activity, outside of the
previously authorind grading work, may proceed on the site. No work on the site will occur
until the preliminary plat plans are updated and approved, the conditions of final plat are
complied with and the plat is recording with Washington County. The recommended motion to
take action on the request is as follows -
"love to adopt Resolution 2016-71 approving the developer's Ogreepientfor Hainules
ATTACHMENTS:
1. Resolution 2016.71
2. l4ammes Estates Developer's Agreement
CITY OF LAKE E E C►
WASIIIIN TON COUNTY
STATE OF MINNESOTA
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, The Ryland Group, Inc., 7599 Anagram Drive, Eden Prairie, MN
("Applicant") has previously submitted an application to the City of Lake Elmo ("City") for a
Final Plat for Hammes Estates 1" Addition; and
WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014- 2 on October
7, 2014 approving the Final flat for Hammes Estates I" Addition; and
WHEREAS, The Lake Elmo City Council adapted Resolution No. 2014-83 on October
7, 2014, approving the Development Agreement for Hammes Estates I" Addition; and
WHEREAS, the Ryland Croup, Inc. did not record the Final Plat, nor does it intend to
develop the property, and
WHEREAS, on November 4, 2015 the Lake Elmo City Council approved an extension
of the Final Plat until October 31, 2016, and
WHEREAS, Rachel Development Inc., 4125 Napier Ct ICE; St. Michael, Minnesota
55326 has purchased the property in order to develop it according to the Plans approved by the
City, and
NOW, THEREFORE, based on the information received, the City Council of the City
of Lake Elmo does hereby approve the .Developer's Agreement for Ham, mes Estates l't Addition
and authorizes the Mayor and City Clerk to execute the document.
`1
Resolution 2016-71
Passed and duly adopted this l6th day of August, 2016 by the City Council of the City of Lake
Elmo, Minnesota.
Mike Pearson, Mayor
Julie Johnson, City Clerk
2
Resolution 2016-71
(reservedfor recording information)
DEVELOPMENT CONTRACT
(Public sewer and water)
Hammes Estates ist Addition
AGREEMENT dated , �_, by and between the CITY OF LAKE
ELMO a Minnesota municipal corporation ("City"), and Rachel Development Inc. (the
plat for (referred to in this Contract as the "plat") , and that final plat was approved
by the City Council on October 7, 2014 via Resolution 2014-81 and later extended to October 31,
2016.The land is situated in the County of Washington, State of Minnesota, and is legally described on
Exhibit A
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition
that the Developer enter into this Contract, furnish the security required by it, and record the plat with &I
3. RIGHT TO PROCEED. Unless separate written approval has been given by the City,
1EV2: 04/18/2016 1
trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this agreement has been fully executed by both
parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has
been recorded with the Washington County Recorder"s Office, and 4) the City' s Planning Director has
issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that
the Developer may proceed.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges and availability
charges for sewer and water referred to in this Contract are not being imposed on outlets, if any, in the
plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outiots are final platted into lots and blocks.
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
6. cHANdEs IN OFFICIAL CONTROLS. For • (2) years from the date of this
Contract, no amendments to the Citys Comprehensive Plan or official controls shall apply to or affect the
use, development density, lot size, lot layout or dedications of the approved final plat unless required by
state or federal law or agreed to in writing by the City and the Developer, Thereafter, notwithstanding
anything in this Contract to the contrary, to the full extent permitted by state law, the City may require
compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans and at the Developer's sole expense, The plans shall not •. .• to this Contract. If the •
1EV2: 04/18/2016 2
Plan C - Tree Preservation and Reforestation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A:
Streets
B.
Sanitary Sewer
C.
Watermain
D.
Surface Water Facilities (pipe, ponds, rain gardens, etc.)
E.
Grading and Erosion Control
F.
Sidewalks/Trails
G.
Street Lighting
H.
Underground Utilities
1.
Street Signs and Traffic Control Signs
J.
Landscaping
K.
Tree Preservation and Reforestation
L.
Wetland Mitigation and Buffers
M.
Monuments Required by Minnesota Statutes
N.
Miscellaneous Facilities
The improvements shall be installed in accordance with the City subdivision ordinance and the City's
Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer.
The Developer shall submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer's engineer will be able to certify that the construction work meets the
REV2: 04/18/2016 4
and the Developees contractor, The Developer or his engineer shall schedule a pre -construction meeting
I 1111!Vfflfflp� RON
All labor and work shall be done and performed in the best and most workmanlike manner and in
strict conformance with the approved plans and specifications. No deviations from the approved plans and
specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to
furnish to the City a list of contractors being considered for retention by the Developer for the performance
of the work required by the Contract. The Developer shall not do any work or furnish any materials not
covered by the plans and specifications and special conditions of this Contract, for which reimbursement is
expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the
specifications.
9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION. At the time of Final Plat, the Developer shall submit an escrow for City Engineering
Administration and Construction Observation in an amount provided under paragraph 38, Summary of
Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of
receiving an invoice, for all engineering administration and construction observation performed during the
construction of the plat After 30 days of the invoice, the City may draw upon the escrow and stop the work
on site until said escrow has been replenished in its full amount. City engineering administration will include
monitoring of construction progress and construction observation, consultation with the Developer
and his engineer on status or problems regarding the project, coordination for testing, final inspection and
acceptance, project monitoring during the warranty period, and processing of requests for reduction in
security. Construction observation may be performed by the City's in-house staff or consulting engineer.
Construction observation shall include, at the discretion of the city, part or full time inspection of proposed
public utilities and street construction. Services will be billed on an hourly basis.
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The direction and review provided through the inspection of the improvements should not be
considered a substitute for the Developer required management of the development. The Developer will
cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior
to the commencement of construction of each type of Improvement. City shall inspect all Developer
Installed Improvements during and after construction for compliance with= approved plans and
specifications. The Developer will notify the City Engineer at such times during construction as the City
Engineer requires for inspection purposes. Such inspection is pursuant to the City's governmental
authority, and no agency or joint venture relationship between the City and the Developer is thereby
created.
10. CONTRACTORSISUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
act as contractors or subcontractors for the public Improvements identified in Paragraph 8 above.
11. PERMITS. The Developer shall Obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to.
A. Right -of -Way Excavations and Obstructions:
* City of Lake Elmo, Right -of -Way Utility Installation(s)
0 City of Lake Elmo, Right -of -Way Obstruction(s)
0 Washington County, Utility Installations(s)
Washington County, Street or Driveway Access(s)
• Minnesota Department of Transportation, Utility Installation
Minnesota Department of Transportation, Right -of -Way Permit
B. Watermain Exten,s,ions-
0 Minnesota Department of Health
C. Sanitary Sewer Extensions:
0 Minnesota Pollution Control Agency
* Metropolitan Council Environmental Services
D. Stormwater Managemen A
* Valley Branch, Brown's Creek or South Washington Watershed District Permit
E. Erosion, Sedimentation Control:
0 Minnesota Pollution Control Agency, General NPDES Stormwater Permit
* SW PPP (Stormwater Pollution Prevention Plan)
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F. Wetland Mitigation:
• Board of Water and Soil Resources, WC:
G. Construction Dewatering:
& Minnesota Department of Natural Resources
12. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by October 31, 2017, with the exception of the final wear course of asphalt on streets,
The Developer shall install the bituminous wearing course of streets after the first course has weathered a
winter season, consistent with warranty requirements, however final acceptance of the improvements
will not be granted until all work is completed including the final wear course. The Developer may,
however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and amending this agreement to
reflect the extended completion date. Final wear course placement outside of this time frame must have
the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the subdivision via
Keats Avenue North. No construction traffic is permitted on other adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
Developer to construct the improvements in a sequence which will allow progress and compliance points
to be measured and evaluated. The Developer and/or its representatives are required to supervise
and coordinate all construction activities for all improvements and must notify the City in writing stating
when the work is ready for the inspection at each of the measurable points defined in the following
paragraphs 16, 17 and 18. In addition, once work begins onsite, the drainage and erosion control work
identified by the City around Wetland A and Keats Avenue shall commence immediately and work shall
be diligent until completed to the City's satisfaction, The City reserves the right to stop all other work on
REV2: 04/18/2016 7
the site if the erosion control correction work is not completed within 15 working days or if, in the City's
sole discretion, the erosion control correction work is not progressing in a timely and diligent manner.
16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. Erosion control practices
must comply with the approved plans and specifications for the plat, with all watershed district permits and
with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional
erosion control requirements as deemed necessary. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but
failure of the City to do so will not affect the Developers and Cit)(s rights or obligations hereunder. If the
Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the
City may draw down the security to pay any costs. No development, utility or street construction will be
allowed and no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all responsibility for erosion control compliance throughout the plat and the City may take such
action as allowed by this agreement against the Developer for any noncompliant issue as stated above.
Erosion control plans for individual lots will be required in accordance with the City's building permit
requirements, or as required by the City or City Engineer.
17. GRADING PLAN. The plat shall be graded in accordance with the approved grading
drainage and erosion control plan, Plan "B". The plan shall conform to the Engineering Design and
Construction Standards Manual. All grading shall be completed within the Subdivision prior to the
preparation and submittal of the as -constructed grading plan.
A. Within thirty (30) days after completion of the grading, the Developer shall provi
the City with a "recrd" rading plan certified by a registered land surveyor or engineer that all pond
9 il
o
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swales, and ditches have been constructed on public easements or land owned by the City. The "record"
plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b)
location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any,
ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads;
and d) top and bottom of retaining walls:-
B. The City will not issue any building permits until the approved certified record
grading plan is on file with the City.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain,
and streets shall be installed in accordance with the approved Plans and Specifications for Public
Improvements, Plan "D". The plan shall conform to the City's Engineering Design and Construction
Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, boulevards
graded, street signs installed, and all restoration work on the site shall be completed in accordance with the
approved plans. Once the work is completed, the developer or its representative shall submit a written
request to the City asking for an inspection of the initial improvements. The City will then schedule a walk-
through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list
provided by the City, the punch list items must be completed by the Developer and the City notified to re-
inspect the improvements. The final bituminous wear course shall be installed in accordance with
paragraph 12 above.
19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be
responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be
placed when hazards develop in streets to prevent the public from traveling on same and to direct attention
to detours, If and where streets become impassable, such streets shall be barricaded and closed. In the
event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface
and provide proper surface drainage to insure that the streets are passable to traffic and emergency
vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of
dirt and debris that may spill, track, or wash onto the street from the Developer's operation. If the City, for
REV2: 04/18/2016 9
any reason plows snow prior to final acceptance of the streets by the City, the City shall not be responsible
for repairing the streets because of damage caused by the snow plowing operations. The Developer shall
contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping
and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City
before grading is started. The contract shall provide that the City may direct the contractor to clean the
streets and the contractor will bill the Developer.
20. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
A. The Developer agrees to install landscaping in accordance With the approved
Landscape Plans and as required by City Ordinances, All landscaping materials such as trees, shrubs,
grasses, or other vegetation installed by the Developer according to the approved Plans shall be
warrantied and maintained for a period of 2 years, The 2 year warranty period shall be deemed to start
once all required landscaping identified as responsibility of Developer in the approved Plans has received
acceptance by the City, The Developer agrees to have the installer of said landscaping complete an
inspection thirty (30) days prior to the end of the 2 year warranty period and provide the City with a written
report identifying the condition of all landscaping. In the event any landscaping installed by the Developer
is deemed to be in poor condition or dead, the developer is to replace said landscaping with like kind
materials or as otherwise approved by the City,
K The Developer shall be responsible for maintaining regular watering, fertilizing, and
over -seeding necessary to establish final lawns and yards as identified in the approved Plans for Outlots,
public rights -of -way, and any disturbed areas outside the plat boundaries according to an approved
landscape maintenance plan. The Developer agrees to achieve "substantial performance" on all seeded
or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the
purpose of this agreement "substantial performance" shall be defined for areas seeded or sodded with a
turf or lawn mix as "square foot turf areas with an average blade height of three inches free of eroded,
bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil." For
areas seeded with a native grass or flower mix "substantial performance" shall be defined as "square foot
native grass or flower areas with an average height of 8 inches free of eroded, bare, or dead spots and no
R,EV2: 04/18/2016 10
visible surface •
required by this Contract, the improvements lying within public easements shall become City property.
Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete
set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City's
Engineering Design and Construction Standards Manual together with the following affidavits:
I I I R711#1
- Land Surveyors Certificate
certifying that all construction has been completed in accordance with the terms of this Contract. All
necessary forms will be furnished by the City, Upon receipt of "record plans" and affidavits, and upon
review and verification by the City Engineer, the City Engineer will accept the completed public
improvements.
22. PARK DEDICATION. The Developer shall pay a cash contribution of $107,554 in
satisfaction of the City's park dedication requirements. The charge was based on the park dedication
requirement for all the areas to be platted within the Hammes Estates Preliminary Plat. No additional fees
in lieu of land dedication will be charged for future developments within the preliminary plat area. The
charge was calculated as follows: 2.1 acres (5.7 acres of park land provided subtracted from 7.8 acres of
park land required) $51,216 per acre per the submitted appraisal for the property. The Developer shall
receive a credit from the cash amount due for the actual costs of the North East Park Plan Improvements
depicted in the Final Landscape Plans dated September 22, 2014. These improvements shall include:
16-feet by 24-feet shelter, picnic table, bike rack, grill station, retaining wall, fishing pier, canoe rack,
concrete hardsurface, woodland seed mix restoration, landscaping and parking lot improvements, The
Developer shall deposit $107,554 with the City at the time of final plat to be held by the City in escrow
until such time as the park improvements have been installed. Upon installation of park improvements, the
City shall release the credited amount to the Developer and assume responsibility for maintenance of the
park improvements, except for the woodland restoration and landscaping.
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23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
IBM 111 �� I
and all water availability charges (WAC) with respect to the Improvements required by the City and any
The sewer availabty charge (SAC) in the amount of $3,000.00 per RF-U shall be paid by the
Developer prior to the City recording the final plat, The total amount to be paid by the Developer is
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The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the
Developer prior to the City recording the final plat. The total amount to be paid by the Developer is
•111111110111111=M. I F
25. STREET LIGHTS. The Developer is responsible for the cost of street light installatiol
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developer shall post a security for street light installation consistent with the approved plan. The required
security is $54,000 and consists of nine (9) decorative lights at $6000 each. The Developer shall also pay
$1,161 .00 in payment of the first year operating costs for street lights.
in accordance with the approved Plans and Specifications and in accordance with any applicable
Watershed or agency Permits. If the mitigation work is found to be incomplete or restoration M
unsuccessful the City may draw down the security at any time during the warranty period if the Developer
REV2: 04/18/2016 32
A. No building permit shall be issued for any lot within the Plat, or within a completed
phase of the Plat in a City preapproved phasing plan, until such time that sanitary sewer, water, storm
sewer, curbing and one lift of asphalt has been installed for all public streets, and record grading plans
have been submitted and approved by the City Engineer, A preapproved phasing plan is defined as a
phased construction plan that has been submitted by the developer and approved by the City in advance
of the preconstruction meeting for the Plat. Once the construction has started the City will not consider
revisions to the phasing plan for the purpose of issuing building permits.
MCI
the Planning Director prior to the completion of the improvements described in Section A above, if there
is safe public access to the subject lot that is sufficient to allow construction to proceed and there is a
record grading plan approved by the City Engineer for the subject lot and all downstream storm water
drainage facilities. The City will not issue a certificate of occupancy for any "model home" until all
conditions identified in Section A above have been completed.
accordance with the City's zoning ordinance. The monument design shall be approved by the
Community Development Department,
DPrior to issuance of building permits, permanent or temporary street signs shall be
installed by the developer.
E. Breach of the terms of this Contract by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and/or
withholding of other permits, inspection or actions, including lots sold to third parties, and the halting of all
work in the plat.
F If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
G. No sewer and water connection permits may be issued until the streets needed for
REV2: 04/18/2016 13
access have been paved with a bituminous surface and the utilities are tested and approved by the City
A, In the event that the City receives claims from labor, materialmen, or others th.]
work required by this Contract has been performed, the sums due them have not been paid, and the
laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the
City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit
the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
BExcept as otherwise specified herein, the Developer shall pay all costs incurred by it
I ii 11111pillyrigglipill
engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and expenses
incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at
the time, must be fully paid prior to execution and release of the final plat for recording.
C. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys'fees.
I i I I! I I : i i �i i I ligill
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F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall
be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will
provide copies of detailed invoices of the work performed,
20. �� �6 CITY PAYMENTS. Within thirty (30) days of the City's final acceptance of the
II iiiii, si I I !I
costs incurred by the Developer to oversize the water main, in an amount not to exceed $25,573.00, The
actual amount of the City's reimbursement shall be based on actual construction costs which must be verified
by the Developer to the City in the Plans submitted to the City as required in Section 18. This payment by
the City shall be the City's only responsibility with regard to construction of the Improvements and in no case
shall act as a waiver of any other right of the City under this Contract or under applicable laws, ordinances or
rules. In order to receive reimbursement, the Developer must not be in default of any of the terms of this
Contract,
30. SPECIAL PROVISIONS. The following special provisions shall apply to
plat development:
A. Implementation of the recommendations listed in the September 18,
B. Upon the recording of the final plat, the Developer shall convey Outlots A and C to
the City by warranty deed, free and clear of any and all encumbrances. The Developer shall be
responsible for paying the cost of a title policy that insures the City's interest in these properties.
C. The Developer shall install a temporary turnaround on the end of
0JU[Ig Avenue North andjuniper Avenue North until the streets are extended to in the second phase of the
D. The Developer must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
E. There shall be a green belt/buffer established between the property being platted by
REV2: 04/18/2016 15
the Developer and the adjacent Stonegate Subdivision that is at least 100 feet in width. The Developer
shall include a provision in its homeowners' association covenants that restricts the construction of any
improvements within the green belt/buffer area, The homeownersassociation covenants shall provide
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The Developer shall be responsible for the construction of all improvements within
the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the
review letter received from the County dated May 6, 2014. The required improvements shall include, but
not be limited to: modifications to the median crossing in this area, continuation of a bituminous trail through
the median, turn lanes, and other improvements as required by the County.
GThe Developer shall observe all other County requirements as specified in the
R The Developer shall enter into a landscape license and maintenance agreement
with and satisfactory to the Citv 42t dwifite
I installed in areas outside of land dedicated as public park and open space on the final plat.
Ali trails shall be either located within easements that are either granted to the City
J. The Developer must provide a title policy in favor of the City in an amount of not
•
K. Any land Under which public trails are located will be accepted as park land
provided the Developer constructs said trails within the dedicated areas as part of the public
improvements for the subdivision and Outlots are provided where required by the City.
L No more than one hundred units depicted on the preliminary plat (100) may be
approved as part of a final plat until a second access is provided to the subdivision via a connection
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K The Developer shall be responsible to monitor the restored southern shoreline
of Goose Lake for invasive species for a period of 5 years as specified in the MN DNR Public Waters
A. The Developer may not assign this Contract without the written permission of the
City CouncilThe Developes obligation hereunder shall continue in full force and effect even if the
B. Retaining walls that require a building permit shall be constructed in accordance wifth
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls identified on the development plans or by special conditions referred to in
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
C. Appropriate legal documents regarding Homeowner Association documents,
covenants and restrictions, as approved by the City Attorney, shall be filed with the final plat. No third-
D. Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, public liability and property damage
Z. III �� � � � i � � I �•�•� 11 1� � ip� mig
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
REV2: 04/18/2016 17
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City
signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written
notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Contract.
F If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property, The Developer covenants with the City, its successors and assigns, that the Developer has fee
title to the property being final platted and/or has obtained consents to this Contract, in the form attached
hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the
property being final platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants,
1. lEach right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
J. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
REV2.- 04/18/2016 18
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
and the term "Event of Default' shall mean, whenever it is used in this Agreement, any one or more of thl
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Subject to unavoidable delays, failure by the Developer to commence and
complete construction of the Public Improvements pursuant to the terms, conditions and limitations of th!
V1. i Ily observe or perform any m te i I
0Failure by t h e Developer to substantia a ria
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any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed
A. The City may suspend its performance under the Agreement until it receives
assurances from t he Developer, deemed adequate by the City, that Developer will cure its default and
continue its performance under the Agreement, Suspension of performance includes the right of the City tuo
I •.
B� The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this agreement or recover any amounts
34o ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of thl-
City to enforce the terms of this Agreement against the Developer, by action for specific performance or
damages, or both, or by any other legally authorized means. The Developer also acknowledges that its
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damages, losses and expenses sustained by the City, and that such expenses may include� but are na
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A. The required warranty period for all work relating to the public sewer and water shall be
B. The required warranty period for all work relating to street construction, including
C. The required warranty period for sod, trees, and landscaping is 2 growiing seasons
I Mi
terms of this agreement, payment of special assessments, payment of the costs of all public improvements,
and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of
credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of
Credit ("security") for $3,169,766. The amount of the security was calculated as follows:
111, 1111 .. .........
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4. Storm Sewer (includes pond structures
and outfall pipes)
5. Streets
6. Trails and Sidewalks
7. Surface Water Facilities (infiltration
basins, bio retention basins, rain gardens,
etc.)
COST
$156,000
$413,076
$298,624
$492,748
$430,598
$111,360
N/A
125%
$195,000
$516,345
$373,280
$615,935
$538,247
$139,200
REV2: 04/t 8/2016 20
WEEMEMM=
10. Private Utilities (electricity, natural gas,
telephone, and cable)
11. Landscaping
13. Wetland Mitigation and Buffers
14. Monuments
15. Erosion and Sedimentation Control
16. Boardwalk
17. Developer's Record Drawings
X RTTW5TaTT2W0
Construction Costs)
$54,000
$6,300
N/A
$244,922
$62,500
$7,125
$244,982
$83,125
$12,500
N/A
01 M•s, !t
This breakdown is for historical reference,* it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security, Without notice, for
any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the
required term. If the required public improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall
be used to cure the default.
V. REDUCTION OF SECURITY. Upon written request by the Developer to the City !Engineer
and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance I
to the City have been satisfied, the City Engineer may approve reductions in the security as follbm
A. upon completion of grading operations, including temporary site restoration,
inspection of the site and approval of the as -built survey, 100%, or $195,000, of the grading security may
REV2: 04/18/2016 21
B. Up to 75% of the security provided in accordance with paragraph 36 may be
released upon completion of the following key milestones of the project as determined by the City
I=
C. Construction Categories 2 and 3The amount of $667,�118 may be released when
all sanitary sewer and waterrhain utilities have been installed, all testing and televising has beel
successfully completed, sanitary sewer as -built inverts have been verified, and the utilities are considered
D. Construction Categories 4 and 5. The amount of $865,637may be released when
all streets, and storm sewer have been installed and tested, and have been found to be complete to thil
satisfaction of the City Engineer including all corrective work for any identified punch list items anis
including verification of storm sewer as -built inverts, but not including the final Wear course.
E. Construction Categories 6-10 and 14-17: The amount of $359,386 may be
released when all remaining Developer's obligations under this Agreement have been completed
including: (1) bituminous wear course, (2) street fighting and private utilities, (3) sidewalks and trails, (4)
bio retention facilities, (5) iron monuments for lot comers have been installed, (3) all financial obligations
to the City satisfied, (4) the required "record" plans in the form of the City standards have been received
and approved by the City, and (5) the public improvements are accepted by the City Engineer and City
Council.
F Construction Categories 11, 12 and 13: The amount of $2�9,614 may be released
when Landscaping Improvements have been installed to the satisfaction of the City Landscape Architect
a &I
G. Twenty-five percent (25%) of the original security amounts, excluding grading and
landscaping improvements shall be retained until: (1) all improvements have been fully completed and
excepted by the City, including all corrective work and warranty punch list items, (2) all financial
obligations to the City have been satisfied, and (3) the warranty period has expired.
H. Twenty-five percent (25%) of the original landscaping security amounts shall be
1EV2: 04/18/2016 22
retained until: (1) all landscape improvements have been fully completed and excepted by the City,
may submit written request to the City Engineer and upon receipt of proof satisfactory to the City
Engineer that work is progressing in accordance with the approved plans and specifications, and terms of
this Agreement, and that all financial obligations to the City have been satisfied, the City Engineer may
approve a one-time reduction in the security for Construction Categories 2-5 in an amount not to exceed
fifty percent (50%) of the initial security amounts,
of Credit in an amount adequate to ensure completion • all elements • the Subdivision Improvement!
and other obligations of the Developer under this Agreement, including fees or costs due to the City by
the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the
Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that
M=
38. SUMMARY OF CASH REQUIREMENTS. The following is a summary • the cash
Sewer Availability Charge (SAC)
$171,000
Water Availability Charge (WAC)
$171,000
Park Dedication
$107,554
Street Light Operating Fee
$1,161
City Base Map Upgrading
$1425
City Engineering Administration Escrow
$50,000
TOTAL CAsH RtouikEmEilllirrs $t0,141,
39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
following addrill 4125 Napier Ct NE, St. Michael, Minnesota 55376; Attn. David Stradtman. Notices •
REV2: 04/18/2016 23
by certified mail in care of the City Administrator at the following address- Lake Elmo City Hall, 3800
Laverne Avenue N. Lake Elmo, Minnesota 55042.
40. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of
the property being platted by wa of an attorne is title opinion or ti
y y tie insurance policy dated not earlier than
BY:
(SEAL) Mike Pearson, Mayor
REV2: 04/18/2016 24
BY. -
Its
Em
HEMZEn��
The foregoing instrument was acknowledged before me this— of
2016, by Mike Pearson and b julie Johnson, the Mayor and City Clerk of the City of Lake Elmo, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council.
STATE OF MINNESOTA
(ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,2 by
the
elf
NOTARY PUBLIC
DRAFTED BY:
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3901
REV2: 04/18/2016 25
■1 ■ III H R
CONSENT
TO
owners of or part of
the subject property, - development of governed by - foregoingDevelopment
d consent to theprovisions -s and agree ••- bound • -•o• as - same may apply to
that portion of - subject property owned by -
Dated day of
STATE OF MINNESOTA }
{ S:
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2
Iby
R b
City of M
Elmo,Lake
•747-3901
REV2:04/1 /2016 26
MORTGAGE CONSENT
TO
DEVELOPMENTCONTRACT
Datedthis-day
STATE OF MI NESOT
{
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, key
bRAFTEb:
City of
Lake Elmoi MN
REV2:04/1 /2016 27
DEVELOPMENTTO
which/who has a
contract• or part of the subjectproperty, development of governed by
• foregoing Development Creaffirms• consents to the provisions the -• d agrees •
be bound by provisions as the same may apply• that portion of the subjectproperty in which there is a
contractpurchasers
t!. .d this,day of
STATE OF MINN OTA
(:ss
COUNTY OF
The foregoing n trum nt was acknowledged before me this day of
2016,
DRAFTED BY
City of Lake Elmo
Lake Elmo, MN 55042
• "i
V2: 04/ 18/2016 2
EXHIBIT CCRY
3
DEVELOPMENT CONTRACT
*a e
That part of the South Half of the Northeast Quarter of Section 34, Township 29 North, Flange; 21
West, Washington County, Minnesota, EXCEPT the East 60.00 feet of the North 967 feet of said
South Half of the Northeast Quarter thereof. AND EXCEPT Parcel 3:of Washington County
Highway Flight of Way Flat 4 -195 recorded September 13, 1985 as Document Number 49253
REV2 04/18/2016 2
*I
SAVAN-0m, -.14MMOMUS
No.
Date. -
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of
Credit in the amount of $_, available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. dated 2 Of
(Name of Bank)
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo,
c) Be presented for payment at Address of Bank) on or before 4:00 p.m. on November 30,
2-.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days
prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake
Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal
date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
REV2: 04/18/2016 30
TI IF CITY CAZ
LAKE ELMO
,FF.REPORT
DATE: August 16, 2016
REGULAR
ITEM #: 24
MOTION
TO: Mayor and Council
FROM: Kristina Handt, City Administrator
AGENDA ITEM: RFP for Job Classification and Compensation Study
BACKGROUND:
Over the last year or so as the City has been hiring for positions, staff has used the online Salary Survey
through the League of Minnesota Cities to help establish a hiring range. Staff had reviewed salaries in
cities that are 25% smaller and larger then Lake Elmo (6,000-10,000 population). Information entered
into the survey is voluntary on the part of cities.
Recent hirings have brought about questions regarding the overall classification and salaries of City
positions. For example, recent department head hires have salaries $5-10,000+ higher than longer teen
employees. Also, we have supervisors of multiple positions making less than those who supervise only
one position.
ISSUE BEFORE COUNCIL:
Should the Council authorize issuing a Request for Proposals for a Job Classification and Compensation
Study?
PROPOSAL DETAILS:
The first step in evaluating the salaries would be to review the job classifications. This establishes the
foundation for grouping jabs into categories in order to compare them both internally (with similar jobs
within the city) and externally (with similar jobs in the larger market). The City last completed a pay
equity report as required under state law in 2014. I've included a copy of the job classification submitted
with that report. Clearly, our current pay rates are out of synch with the job classifications. Of particular
concern would be female held positions that have higher points in the classification system but receive
lower salaries than male positions with lower point values.
After the City has established the classifications, the next step would be to compare the various job
classes to appropriate job categories and classes in the market. This comparison to the market should go
beyond what is included in LMCs salary survey as it does not include all cities since it is voluntary.
In order to best complete these tasks, staff would recommend the Council approve issuing an RFP. Due
to current staff workload, to avoid (perceived or real) conflicts of interest, and to follow the best
management practices in local government, an outside firm should be hired to complete the analysis and
provide recommendations as needed.
This issue was discussed by the Human Resource Committee on August 861. The committee had concerns
about the cost of a proposal, discussed doing the work internally, suggested looking at job descriptions,
and noted that the classification may not have been updated in a number of years, Two of the three
members supported going out for an RI P. The third mernber's concern was cost and the thought that the
work could, be completed by staff or interns.
FISCAL IMPACT:
Bone to issue the RFP. Cost of proposal to be determined at the time they are received.. The financial
projections for 201E include a budget surplus of over $550,000. If the project is started this year those
funds could be utilized. Any find balance that carries over into 2017 could also be used to pay for this
project without having to increase the tax, levy.
RECOMMENDATION:
Motion toauthorizethe issuance of a Request for Proposals for a Job Classification and Compensation
Stud
Lake Elmo
Job Class Data Entry Verification List LGID 606
Class
Nbr
Nbr
Class
Jobs
Min Mo
Max Mo
Yrs to Max
Yrs of Exceptional
Ir
Title
Males
Females
lype
Points
Sala !j
Salary
Salary
Service Service Pay,
18
Receptionist
0
1
F
124
$2,687,00
$2,687,00
0.00
2,00
17
Water/Fire support
1
0
M
130
$2,69U0
$2,69U0
0.00
2:00
14
Planning Assistant
0
1
F
170
$3,007,00
$3,007:00
0,00
2.00
1
Deputy Clerk
0
1
F
205
$3,188.00
$3J88.00
0.00
2,00
2
Heavy Equipment Operato
1
0
M
214
$3,167,00
$4,853.00
0,00
4.00
3
Heavy Equipment Operato
1
0
M
214
$3,167,00
$4,853,00
0,00
7,00
4
Heavy Equipment Operate
1
0
M
214
$3,167.00
$4,853.00
0.00
9.00
5
Heavy Equipment Operato
1
0
M
214
$3,167.00
$4,853,00
0,00
2100
16
Park Maintainer
1
0
M
214
$3,167,00
$4,853,00
0.00
2,00
15
Librarian
1
0
M
282
$3,750,00
$3,750,00
0.00
1,00
19
Taxpayer Relations
0
1
F
300
$3,771.00
$3,771.00
0.00
100
7
City Planner
1
0
M
345
$4,167,00
$4,167,00
0,00
Z00
6
Building Official
1
0
M
360
$5,099.00
$5,099.00
0,00
3.00
8
Fire Chief
1
0
M
372
$5,718,00
$5,718;00
0,00
9.00
9
Finance Director
0
1
F
384
$6,118,00
$6,118,00
0,00
3.00
10
City Clerk
1
0
M
384
$5,417,00
$5,417.00
0,00
3.00
11
Maintenance Supervisor
1
0
M
384
$6,110,00
$6,110,00
0,00
28,00
12
Community Development 1
1
0
M
457
$6,921,00
$6,921.00
0.00
7,00
13
City Administrator
1
0
M
496
$9,417.00
$9,417,00
0,00
3,00
'I`I IF CITY OF
LAKE ELMO
STAFF REPORT
REGULAR
ITEM ##
MOTION
TO: Mayor and City Council
FROM: I ristina Handt, City Administrator
REVIEWED BY: Sarah Sonsalla, City Attorney
AGENDA ITEM: Amend Chap 31 of City Code
ISSUE BEFORE OU I :
Should the City amend.. Chapter 31 of the City Cade"
PROPOSAL DETAILS/ANALYSIS:
redlined version of the proposed changes is included in your packet. All of the proposed changes occur
in Sec. 31.04:
If the ordinance is updated, staff would also recommend a summary publication ordinance be adopted.
FISCAL IMPACT:
NA
P TIONS:
1) Approve Ordinance No 0 -150
) Amend and then Approve Ordinance No 0 -150
3) Do not approve Ordinance No 0 -150
CITY OF LAKE ELMO
AN ORDINANCE AMENDING Tilt LA" ELMO CITY CODE OF ORDINANCES UY
AMENDING THE CITY'S PROVISIONS RELATED TO THE CITY COUNCIL
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 31 of the Ci
Code by adding the underlined language and deleting the �stricken language as follows-
§ 31.01 MEETINGS.
(A) Authority. City councils are authorized to adopt rules of procedure and provide for
order at their meetings.
(1) Parliamentaryprocedure. Except as specifically provided under statute or these
parts, the most current version of the Robert's Rules of Order Revised governs
any question of parliamentary procedure that arises at a city meeting.
(B) Putpose. The purpose of this policy on City Council meetings is to set the groundwork
for orderly and respectful communications between and among council members, city staff, and
citizens to promote the efficient working of the public's business at City Council meetings.
(C) Regular meetings. Except as provided herein, regular meetings shall be held at City
Hall beginning at 7:00 p.m. on the first and third Tuesdays of each month, The City Council
may cancel regular Council meetings by adopting the appropriate motion at any duly called
Council meeting. The City Council may change the date, time, and/or place of a regular meeting
by adopting the appropriate motion at any duly called Council meeting and by posting a written
notice of the date, time, and place of the rescheduled meeting on the city bulletin board and at the
main entrance to the City Hall at least 3 days before the date of the rescheduled regular meeting.
(1) Quorum. A simple majority (3) of the Council shall constitute a quorum for the
usiness to come before the Council.
valid transaction of any scheduled b i
(2) Location. All meetings, including special, recessed, closed, and continued
meetings, shall be held in the City Council chambers, located At City Hall, unless
otherwise designated, pursuant to Minn. Stat. § 13D.04, subd. 2.
(3) Schedide. A schedule of regular meetings shall be kept on file with the city clerk.
(4) Recessed or continued meetings, When a meeting is recessed or continued, the
presiding officer shall state the time and place for the next meeting to occur
pursuant to Minn. Stat. § 13.04, ubd. 4. The time and place shall also be noted
in the minutes. If the time and place is stated and noted in the minutes, no
additional notice of the meeting is required, unless otherwise required by law.
However, if the time and place is not stated and noted as required herein,
compliance with the notice procedures for a special meeting, as defined in this
Section, shall be required.
(D) Open Meeting Law. The Minnesota Open Meeting Law ("OML"), Minn. Stat. Ch.
13D, generally requires that all meetings of public bodies be open to the public.
(1) Principles. The presumption of openness in the CA serves three basic
principles:
(a) To prohibit actions from being taken at a secret meeting, where it is
• for the interested public to become ffilly informed concerming ti
decisions of public bodies, or to detect improper influences-,
(c) To 411W the interested • an opportunity to present its views to the
public body • matters of public interest,
(2) The City Council views providing and encouraging citizen access to city meetings
as one of its most important duties. As a result of this principle, all Council and
committee meetings, including special meetings, with the exception of closed
meeting, as required by Minn, Stat. Ch. 13, shall be open to the public.
(3) In calculating the number of days for providing • under the OML, the first
day that the notice is given is not counted, but the last day is counted. If the last
day is a Saturday, Sunday, or legal holiday, that day is omitted from the
calculation • the day following the Saturday, Sunday, or legal holiday is
• the last day.
(4) In keeping with the intent of the OML, Council members shall not use any form
of communications technology, such as text messaging or email, to communicate
with another person during a public meeting in a manner that is hidden or shielded
from public view.
(5) Pursuant to Minn. Stat. § 13D.01, subd. 6, at least one copy of the written
materials made available to the Council at or before the meeting shall also be
made available for inspection by the public, excluding any non-public data,
attorney -client privileged data, or materials related to agenda items of closed
meetings, or anything else otherwise deemed not public by any applicable law.
(E) Special meetings. Special; meetings may be called by the Mayor or by any two (2)
#
# #
f
s # • f
(1) Closed Meetings. The OML allows
public for # purposes. When a meeting is closed, the presiding
officer at the meeting shall state for the record the reason for closing the meeting
and cite the specific provision of law allowing or # be
closed. The presiding officer shall also ensure that meetings are recorded, if
required by law.
(F) Emergency meetings, An emergency meeting is a special meeting cared by the Mayor
or any two (2) Council members because of circumstances that in the judgment of the Mayor or
any two (2) Council members require immediate consideration by the Council. The person or
persons who call the emergency meeting shall make a good faith effort to contact all Council
members and, as soon as reasonably practicable after notice has been given to Council members,
all members of the news media who have filed a written request for notice of emergency
meetings if the request includes the news media's telephone number. The notice shall include the
date, time, place, and purpose of the emergency meeting. If matters not directly related to the
emergency meeting are discussed at an emergency meeting, the minutes of the emergency
meeting shall include a specific description of the matters.
f
f # yy # r
#
(f1) Initial meeting, At the first regular Council meeting in January of each year, the
Council shall:
(1) Appoint an acting mayor, who shall act as mayor in the mayor's absence,
pursuant to Minn. Stat. § 412.121;
(2) Select one #.# to
(3) Select can official depository fear city f mds, This must be crane within 30 days of
the state of the city's fiscal year pursuant to Minn. Star. §§ 427.01-.02; 118A.02,
subd. 1; and 427.09;
(4) Review the Council's bylaws and make any needed changes;
(5) Assign committee duties to members, All assignments of Council members to
serve on city boards, commissions, and committees shall be by a majority vote of
a quorum of a duly called meeting, unless otherwise provided by law;
� M
(6) Approve official bonds that have been filed with the clerIS
(1) Public meetings. All Council meetings, including special and adjourned meetings and
meetings of Council committees, shall be conducted in accordance with the Minnesota Open
Meeting Law.
(1997 Code, § 200.01)
(.1) Ground rules. Each Council member shall abide by the following ground rules for
interaction with each other and with members of the public at Council meetings. All Council
members shall assist the presiding officer in preserving order and decorum and in providing for
the efficient operation of the meeting. Council meetings shall be conducted in a courteous
manner that recognizes the validity of differing viewpoints and promotes the ideal of respectful
democratic discussion and debate that is free of insult, slander, and personal attacks or threats,
(1) Respect others, Council members should:
(a) Respect each other and the process;
(b) Assume each Council member is being honest and genuine in the expression
of his or her views;
(c) Not shame or blame others;
(d) Not talk about people who are not present; and
(e) Respect residents of the city and city staff,
(2) Listen. Council members should:
(a) Not interrupt while others are speaking;
(b) Ask clarifying not interrogating questions;
9
(c) Use IT' statements not "You" statements;
(d) Discuss and debate ideas in a civil manner;
(e) Be respectful of the ideas of others even if they don't agree with your ideas;
and
(f) Keep side conversations to a miniumm.
(3) Accountability. Council members should:
(a) Participate to the best of their ability;
(b) Be responsible for making sure all voices are heard;
(d) Hold each other accountable in a civil way;
(e) Be responsible for their part of a problem or issue;
Be accountable for the use of information by not misusing information or by
providing incorrect information; and
(g) Be responsible for reviewing agenda items and support information.
(4) Take risla. Council members should. -
(a) Take risks, be authentic and speak truthfully; and
(5) Be open. Council members should:
(a) Be open to other's stories and realities;
(b) Be open to partially -formed ideas;
(c) Learn from mistakes;
I Ili I Ili IIIIIIII Illic 11111111 1 1 di I! I ill I Mi !I
(e) Not operate from fear.
(6) Personal reaction. Council members should not take things personally, and focus
on the ideas being expressed, not the person expressing the ideas.
5
(7) General rules ofdecor tun. To effectuate the following ground rules, all Council
members shall conduct themselves at all times in a manner consistent with the
following:
(a) No Council member shall engage in private conversation or pass private
messages while in the chamber in a manner so as to interrupt the
proceedings of the Council;
(b) No Council member shall leave his or her seat or make any noise or
disturbance while a vote is being taken and until the result of the vote is
announced;
(c) No Council mernber shall use profane or obscene words or gestures, or
unparliamentary language, or use language that threatens harm or violence
toward another person during at any time;
(d) No Council member shall speak on any subject other than the subject in
debate;
(e) No Council member shall speak without being recognized by the presiding
officer, nor shall any Council member interrupt the speech of another
Council member;
(f) No Council member shall disobey the Council's Rules of Order and
Procedure as adopted or a decision of the presiding officer on questions of
order or practice or upon the interpretation of the rules of Council;
(g) No Council member shall engage in disorderly conduct that disturbs or
disrupts the orderly conduct of any meeting; and
(h) No Council member shall engage in conduct which delays or interrupts the
proceedings or which hinders honest, respectful discussion and debate,
§ 31.02 PRESIDING OFFICER.
(A) Presiding Officer. ThernayOr shall preside at all meetings of th6 Council unless
meetings for a specific period of time.
(1) Role qf the Presiding officer. The presiding officer shall preserve order, enforce
the Council Rules of Order and Procedure as adopted, and determine, without
debate, all questions of procedure and order, subject to the final decision of the
Council on appeal as provided in this Section. The presiding officer shall
detemime which member has the right to speak and may move matters to a vote
once the officer has determined that all members have spoken. The presiding
officer may deterrome whether a notionproposedamendincriiorder and
may call members to order. Except as otherwise provided by statute or by the
provisions of this Chapter, the proceedmigs of the Council shall be
accordance with the latest edition of Roberts Rides of Order.
enforcement(3) Designation of a set*ant-at-arms, The presiding officer may request that local
law designate a member
meetings. The sergeant -at -arms shall carry out all orders or *instructions given y
the presiding officer for the purpose
(Motions and voting. The presiding officer may make motions, second motion,
speak on any questions, and vote on any matter properly before the Council. This
provision does not apply to non -elected presiding officers designated under this
section.
() Absences ofpresiding officer, In the absence of the mayor, the acting mayor shall
preside. In the absence of both the mayor and the acting mayor, the city
clerkladministrator shall call the meeting to order. The first order of Business
shall be to select a presiding officer for the meeting from the members present.
The city clerk/administrator shall preside until the Council members present
choose a member to act as presiding officer.
() Appeals and ruling of the presiding officer. Any member of the Council may
appeal to the full Council a ruling can order or procedure made by the presiding
officer.
(7) Procedure for appeals. An appeal is made by motion, No second is needed for
the motion of appeal. The member making the motion may speak once solely on
the question involved, and the presiding officer may speak once solely to explain
their ruling, but no other Council member may participate in the discussion.
(8) Once both the maker of the motion and the presiding officer has spoken, the
matter must be voted upon by the Council as a whole.
( The appeal shall be sustained if it is approved by a majority of the members
present, exclusive of the presiding officer.
Temporaty designation ofa presiding officer. The presiding officer may choose
to designate a temporary presiding officer before participating in debate
§ 31.03 MINUTES.
(A) Minutes constitute a vital record of the city and are the best means of preservmigg
Council intent, findings of fact, and action. Pursuant to MinnStar. § 412.151, the city clerk
must keep a minute book, The minute book shall contain, at a minimum, the following-
(1) The Council members who are present;
(2) The type of meeting (regular, special, continued, closed);
(3) Date and place of the meeting;
(4) Time the meeting was called to order;
(5) Approval of minutes of the previous meeting, with any corrections;
(6) The members who make or second any motions;
(7) A record of all members and their vote for any roll call votes;
(8) The subject matter of all proposed resolutions or ordinances;
(9) Whether any resolution or ordinance is approved or disapproved by vote of the
Council;
(10) The votes of each member voting, including the uiayw� and the votes of any
member not voting (eg. abstentions, including mason for abstention if given, not
present),
(11) A statement of the findings of fact and an explanation of Council action, including
specific reasons for approval and disapproval of specific resolutions or
ordinances, on all land use and licensing matters;
(12) Listing of all bills allowed or approved for payment, noting the recipient, purpose,
and amount;
(13) Approval of hourly rates paid for services provided, mileage rates, meal -
reimbursement amounts, and per them amounts;
(14) A list of all transfers of funds;
(15) Authorizations and directions to invest excess funds, and information on
investment redemptions and maturities;
(16) The identity of any patty to whom a contract was awarded;
(17) Appointments of representatives to cornmittees or outside organizations; and
(18) The name of all citizens appearing before the Council during the public comment
period along with a brief summary of the subject matter of their comments.
(B) The minutes of each meeting shall be typed and signed by the clerk/administrator.
Copies of the minutes shall be included in the agendas for the Council meeting.
(1) Meeting minutes do not need to be read aloud;
(2) The presiding officer shall call for any corrections;
(3) If there is no objection to a correction, it will be made without a vote of the
Council;
(4) If there is an objection, the Council shall vote upon the addition or correction by a
roll call vote;
(5) Council shall take formal action by vote to approve the minutes as distributed,
with any corrections or amendments made as described herein; and
(6) Minutes shall be published as required by Minn. Stat. §§ 412.191, 331A.08, subd.
3, 331A.01, subd. 10.
I I
Nma
!�1111 � � �, � I i i 1 11 1
(A) Order established. Each meeting of the Council shall convene at the time and place
appointed for the meeting. Council business shall be conducted in the order determined by the
Council at its first annual meeting or as thereafter amended by the majority vote of the Council.
(1) Order ofBusiness. The standard order of business for Council meetings shall be
the following:
(a) Call to Order/Pledge of Allegiance;
(b) Approval of Agenda;
(c) Approval of Minutes from Past Meetings);
(d) Public Comment;
(e) Presentations;
91
(f) Consent Agenda;
(g) Regular Agenda;
(h) Report of the Council. Council Reports Neill not be part of the Order o
Btisiness liar meetinas fallin(-, three nionths belbre a local election
(i) Reports from City Staff; and
0) Adjourn.
(B) Agenda. An agenda will be prepared for all regular Council meetings by the city
clerk/administrator or their designee. Agenda items may be placed on the agenda by the Mayor
and a Council member, two Council members or staff. Members of the public wishing to place
an item on the agenda must do so by contacting city staffor Council members, or by speaking
during the public comment period. No member of the general public may add any items to the
agenda.
(1) Special Meetings. When a special meeting is called pursuant to applicable law,
the agenda for the special meeting must be included in the request for the meeting
and in the publication of the notice of the meeting pursuant to Minn. Star. §
13D.04, subd, 2.
(2) Agenda Procedures. Any Staffmember or Mayor and Council member or two
Council members wishing to add an itern to any agenda pursuant to this Section
shall do so by complying with the following:
(a) All requests to place an item on the posted agenda must be received by the
city clerk/administrator by 10 a.m. 4;ve-eleven days prior to the next Council
meeting. For a regularly scheduled Tuesday meeting, the deadline for
agenda items would be 10 a. m. on them -,-- �-g _ri c la v , re c ecl i i ig p
ZI—Ic —ko—t —C t111 IIIA e t —i() 11
(b) All requests to place an item on the posted agenda must be on the form
prescribed by the city clerk/administrator. The form shall be completed
with the goal of clearly describing the subject matter to be considered by the
Council and any action requested or required. Supporting information may
be attached to the form as necessary.
(c) All requests to place an item on the posted agenda by city staff or Council
members must be reviewed by the city clerk/administrator or their designee
prior to being included in the agenda.
(d) The agenda, along with all related information materials, will be provided to
all City Council members and the city attorney at least three days prior to
10
the Council meeting for which it applies. For a regularly scheduled Tuesday
r>
meeting, the packet will be provided by 5 p.m. the Fffdii7_ jLhursdav
preceding.
(C) Consent Agenda, A consent agenda may be used to improve the efficiency of meeting'
The consent agenda allows the Council to consider several items at one time. Only one motion
necessary to approve all items on the consent agenda. I
(1) Items that require findings of fact or an explanation of Council actions, such as
land use matters and the consideration of licensing requests, should not be placed
on the consent agenda.
(2) An item on the consent agenda may be removed from such agenda for fall
consideration by the Council upon request made by any member of the Council,
Items removed from the consent agenda will be placed on the regular agenda r
discussion and consideration.
(D) Presentation, discussion and agenda item decisions. The following is the order of
business for presenting and discussing items on Council agendas:
(1) Introduction of item;
(2) Report by staff or other presenter;
(3) Questions from Council members to the presenter in a round robin manner. The
presiding officer will facilitate the round robin process by asking each individual
Council member for one question and allowing for a response to the individual
question. Then the presiding officer will ask the next Council member, in
sequence, until all Council members have asked and received responses to a
question. No Council member shall take more than three minutes to ask a
question or comment on an item which is being presented before another Council
member has a turn to question and comment on the same item;
(4) Receive questions/comments from the applicant/requesting party to the Council,
and allow each Council member to respond in the round robin process;
(5) Allow questions from Council members to the applicant/requesting party, if
applicable, using the round robin process,
(6) Allow questions/comixients from the public to Council members. Each member
the public shall state his or her comments in six minutes. Council shall not
interrupt or interact until all public comments are completed,
M
This action is not an indication that the motion on the table is the motion that will
be approved in its current form. It is purely for discussion purposes;
(E) Meeting Schedule,
(l) Each meeting of the Council shall convene at the time and place appointed. All
public hearings shall commence at the advertised time.
(2) Council business shall be conducted in the order of the prepared agenda, unless a
alteration is approved by a majority of the Council.
(3) The last item on the agenda will be commenced no later than 22 a.m..
(4) If all business has not been completed by 12 a.m., the meeting shall be continued
to another date and time following the notice provisions contained herein...
(Cx) Members rs f the public shrill follow the direction of the presiding officer. Members of
the public who do not follow the direction of the presiding officer will be warned that further
disruptive conduct will result in removal from the meeting. After such warning, if the conduct
continues, the presiding officer may ask the member of the public to leave the meeting roam. If
the member of the public refuses to fallow the direction of the presiding officer, the presiding
officer may direct the sergeant -at -arms to remove the person through any lawful means, In
emergency situations, or where the conduct is an egregious threat to the safety of the public of
the Council, a warning is not necessary before the sergeant -at -arms is directed to remove the
person.
(H) Public commentperiod. A finuted forum for members of the public to speak with the
Council is provided on each agenda. public comments during the public comment period are
subject to the following limitations:
(1) Speakers must be recognized by the presiding officer before speaking and are
limited to six minutes for conunent,
(2) When multiple speakers appear to speak on the saind topic, comments should nol
M
be repetitive: The presiding officer may request speakers to appoint a
spokesperson;
() The presiding officer may lae a time limit on the public comment period if
necessary to allow for the conduct of city business. If there is not sufficient time
at the meeting to hear all public comments, the comment period may be deferred
to the next regular Council meeting or at a continued meeting;
(4) Speakers must sign up prior to speaking and provide their dame, address, and a
brief summary of the subject matter which they wish to address. The sign-up
sheet will be available at the start of the City Council meeting;
(5) Speakers most direct their remarks toward the presiding officer;
() Speakers shall not use obscene, profane, insulting, or threatening language, nor
conduct themselves in a threatening, loud, or boisterous manner that disrupts the
conduct of the meeting or the security of the public;
(7) Speakers are required to fallow the direction of the presiding officer; and
() The Council will generally not respond at the same meeting where an issue is
initially raised bya member of the public. Generally, the matter will be referred
to staff for further research and possible report or action at a future Council
meeting. If Council r
�blic cc����rt�:nls ��•c cc�n,�letccl
(l) Public . e rbig.s. Public hearings are sometimes required by law to allow the public to
offer input on Council decisions. Unlike public comment periods, public hearings allow the
public to speak on a matter currently before the Council. When public hearings are required by
law, notice shall be provided as required by state statute. Public hearings shall be commenced at
the time advertised in any notice required by law.
(l)General procedur forpublic hear°irrg , The ender of business for all public
hearings conducted. by the Council shall be
(a) Opening comments by the presiding officer announcing the purpose of the
public hearing;
(b) The presiding officer opens the public hearing portion of the meeting
(c) Staff presentation, if any (.e. administrator/clerk, attorney, engineer etc.);
(d) Developer/other presentation, if any;
(e) Public continent (all individual comments limited to six minute maximum)
(f) The clerk/administrator shall make note of any submitted written testimony;
and
(g) The presiding officer formally closes the public hearing portion of the
meeting.
(2) Speakers who wish to address the Council at a public hearing must follow the
same rules as contained herein for public comment periods. The presiding officer
may allow more time, where appropriate,
(3) Speakers may also provide written commems to the Council before or at the
meeting. Written comments shall be noted and provided to the Council and
anyone else as tcquired by law, I
14—)The presiding officer may continue the hearing, if necessary, following the
procedures for continuing a meeting contained in this Section.
f-14 5 _ COLM61 slia
jj:2r`'alc tch.
§ 31.05 VOTING.
(A) The votes of the Council will be taken by voice or hand vote. The presiding officer
shall announce the results of all votes of the Council.
(B) A clear statement of the matter being voted upon and the names of those voting for and
against the matter shall be recorded in the official minutes.
(C) The presiding officer may ask for a roll call vote to be conducted by the
clerk/administrator on any motion of resolution.
(D) The clerk/administrator may ask for a verification roll call if the vote of a Council
member is not clear on the voice vote.
(E) A majority vote of the quorum present shall be sufficient for all matters before the
Council, unless otherwise provided by law.
(G) If any Council member is present but does not vote, the minutes, as to his or her name,
shall be marked "Present -Not Voting."
ORDINANCES, IWSOLUTIONS, MOTIONS, PETITIONS, PROCLAMATIONS1
AND COMMUNICATIONS.
(A) .Signing and publication proof Every ordinance and resolution passed by the Council
14
shall be in writing and signed by the Mayor, attested by the clerk, and filed by the clerk in the
ordinance or resolution book. Unless otherwise provided by law, no ordinance shall require
more than one reading and all ordinances shall be adopted by a majority vote of Council
members present at the Council meeting. Proof of publication of every ordinance shall be
attached and filed with the ordinance.
(B) Repeals and amendments. Every ordinance or resolution repealing a previous
ordinance or resolution or a section or subdivision shall give the number, if any, and the title of
the ordinance or code number of the ordinance or resolution to be repeated in whole or in part.
Each ordinance or resolution amending an existing ordinance or resolution or part shall set forth
in fall each amended section or:subdivision as it will read with the amendment.
(C) Mayoral and city proclamations, Except as otherwise provided by law, all mayoral and
city proclamations recognizing events, persons, and official observances shall be adopted by a
majority of the Council members present and voting at the meeting where such proclamation is
presented for adoption.
(D) Seating assignments. Council members shall occupy the chairs assigned to them by the
presiding officer, but two Council members may exchange seats by joining in a fonnal request to
the presiding officer to do so.
§ 31.07 SUSPENSION OR AMENDMENT OF RULES.
The rules of procedure applicable to Council meetings may be suspended or amended by 2/3rds
vote of the Council members present and voting, provided that such action is not in violation of
state statutes.
§ 31.08 SALARIES OF OR AND COUNCIL MEMBERS.
The Mayor and Council members shall be paid salaries as determined from time to time by the
Council and set by ordinance. An ordinance establishing Council salaries shall be adopted before
a regular city election and shall not be effective until January I following such election.
§ 31.09 PAYMENT OF SALARIES.
The salaries provided by § § 3 1.01 et seq. shall be paid semi-annually, or more frequently, as
directed by the Council.
§ 31.10 COUNCIL TO ACT AS BOARD OF ADJUSTMENT AND APPEALS.
(A) Establishment ofBoard ofAdjustment and Appeals, The Council is established as the
Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the
following powers with respect to this section:
(1) The exclusive power to hear and decide appeals where it is alleged that there is an
error in any decision, order, requirement, or determination made by an
M
administrative officer in the enforcement of the zoning code; and..
(2) The appeal shall be tiled within 5 business days from the date that the decision,
order, requirement, or determination is made and shall state:
(a) The pat-ticular decision, order, requirement or determination from which the
appeal is taken
(b) The name and address of the appellant;
(c) The grounds for the appeal, and
(d) The relief requested by the appellant:
Board(C) Authority of the
Appeals
or determination appealed from and to that extent shall have all the powers of the officer from
whom the appeal was taken, and may direct the issuance of a permit.
(E) Record o ndings,
Board
an appeal and shall state in the findings the reasons for its decision. The order
issued by Board
involved.of the land •
shall• order, bearing the notation
to the appellant or applicant,
(2) A certified copy of any order issued by
or determination e4
s.
Titles for recording. The filing may be made by the Zoning Administrator as
soon as is reasonably possible after the filing of the order with the Zoning
Admimstrator.
(F) Decision; appeals, All decisions of the Board of Adjustment and Appeals acting upon
an appeal from an order, requirement, decision, or determination by an adininistrative officer Or
decision or order of the Board reviewed for an appropriate remedy in district court as provided
by law.
(A) Coancil embers. Two Council members shall be elected for four-year terms at each
biannual election.
(B) Mayor. The Mayor shall be elected for a four-year term commencing with the regular
municipal elections to be held in 2008. The first four-year mayoral term shall commence on
January 1, 2009.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance No. 08-150 was adopted on this day of
August, 2016, by a vote of — Ayes and _ Nays.
Julie Johnson, City Clerk
This Ordinance 08-150 was published on the — day of 2016.
17
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
AND SUMMARY
WHEREASI the City Council of the City of Lake Elmo has adopted Ordinance No. 08-150,
an ordinance amending the City Code of Ordinances by amending the City's provisions related to
the City Council, and
WHEREAS, the Ordinance is 17 pages in length; and
WHEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps, and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the Ordinance, and
NOW, THEREFORE, Ilt IT RESOt�lb by the City Council of the City of Lake Elnio,
that the City Clerk shall cause the following summary of Ordinance No. 08-150 to be published *in
the official newspaper in lieu of the entire ordihatice-
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-150, which amends
certain provisions of Chapter 31 of the City Code. The Ordinance amends the order of business
at regular meetings, agenda procedures and Council response to public comment.
The full text of Ordinance No. 08-150 is available for inspection at Lake Elmo city hall during
regular business hours.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
Resolution 2016-69 Page I of 2
484723v 1 SJS LA515-1
(SEAL)
I car 11 Itif I W II ('"T ided bv member
and upon vote being taken thereon, the following voted in favor thereof
and the following voted against same:
Resolution 2016-69 Page 2 of 2
484723v1 SJS LA515-1
` j IF trtTY (A -
LAKE E M
STAFF REPORT
DATE: August 16, 201
REGULAR
ITEM i#: 2
MOTION
TO Mayor and Council
FROM Krishna llandt, City Administrator
AGENDA ITEM: No -Wake high water elevation level for Lake Demontreville and Olson
BACKGROUND:
Included in your packet is'a letter from Roger Johnson to the Environmental Committee in May 2016,
Mr. Johnson sent this letter to me. It has not been sent to the Environmental Committee because the
Council already had the issue of changing the no wake level before them. at the February 24, 201
meeting. Consistent with this Council's practice and Roberts Rules of Order, if an item has already been
decided it may only be brought back by two members having voted on the prevailing side. At the
February 24, 2015 meeting the following motion was made and failed. MOTION: Council Member
Bloyer moved TO CALL FOR PUBLIC HEARING ON DATE UNCERTAIN. Mayor Pearson
seconded the motion. MOTION FAILED 0-5. Since all five members were on the prevailing side, any
two members of the Council can bring this item back up;.
I've included in the packet the staff report from the February 24, 2015 meeting as background. If this
item is referred to the Environmental Committee additional attachments and history will be provided to
them::
BEFOREISSUE
• .
PROPOSAL DETAILS.
Council members Lundgren and Smith requested to have this item on the agenda for the purposes of
discussion and possible referral to the Environmental Committee. Council member Smith has also
expressed interest in having an expert do a study of the lakes to help determine the appropriate level.
FISCAL IMPACT
Costs for an expert to complete a study are unknown at this time. Further research on that could be
completed while the Envirom-rental Committee reviews the issue.
OPTIONS.
1) Refer the review of the no wake threshold for Olson Lake and Lake Demo treville'to the
Environmental Committee
•
RECOMMENDATION:
Recommendation of • to the Environmental Committee
Motien M refer the No- Wake h4h water elevation and-4,11son to the