Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05-03-16 CCMP
TI (TIN 01: LAKE ELMO ()/11' AlS,Ci011 is 10 PIVI'ide Se/7)101f in a Fiscal ly thinner 1)aservinp,tlx City's Open Space Character NOTICE OF MEETING City Council Meeting Tuesday, May 3, 2016 7:00 P.M. City of Lake Elmo J 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1. March 15, 2016; April 5, 2016; April 19, 2016 - D. Public Comments/Inquiries E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements 3. Approve March 2016 Building Department Report 4. Approve Inwood Water Tower (No. 4) -- Change Order No. 1 s. Approve Lawful Gambling Permit Catholic Parents Club 6. Approve Inwood 3 rd Addition Amended Developer's Agreement Receive Budget Workshop Calendar 8. Approve Kevin Magnuson LLC Engagement Letter 9. Approve 3M Tolling Agreement C. Regular Agenda to. Old Village Phase 2: Street, Drainage and Utility Improvements — Public Healing, Order Improvements and Provide Concurrence to Award Contract 11. CSAH 17 (Lake Elmo Avenue) — Approve Revised Phase 1 and 2 Cooperative Agreement — Resolution 2016-36 12. 2016 Street Improvements Adopt Resolution 2016-31 Approving 2016 Street and Utility improvements and Rescinding Resolution 2015-82 — Resolution 2016-31 13. 2016 Capital Improvement Financing Plan; Approval of the Issuance of G.O. Bond Series 2016A — Resolution 2016-28 14. Palmquist Commercial Wedding Ceremony Venue IUP — Public Hearing -- Resolution 2016- is. Fish House Exemption from Requirement that No Accessory Structure be Constructed Prior to Principal Structure on a Lot 16. Parliamentarian Contract It Council Reports I. Staff Reports and Announcements J. Adjourn CITY OF LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2016 CALL TO ORDER/PLEDGE OF ALLEGIANCE 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: Interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, Fire Chief Malmquist and City Clerk Johnson. Others present: Parliamentarian Wendt APPROVAL OF AGENDA. Approval of Minutes was removed from the agenda. Items 8 and 9 were moved to the regular agenda. Agenda approved as amended. PUBLIC COMMENTS/INQUIRIES Christine Nelson, 2871 Legion Avenue North, expressed concern Council to be respectful and consistent. Nadine Obennueller, 8696 42nd Street North, spoke about a letter and Commissions regarding disclosure of conflicts. PRESENTATIONS None CONSENT AGENDA for City staff and asked the she sent to the City Council 2. Approve Payment of Disbursements 3. Accept February 2016 Financial Statements 4. Accept February 2016 Assessors Report 5. Accept February 2016 Building Department Report 6. Approve Annual League of MN Cities Insurance Trust Waiver Form 7. Village Preserve 1st Addition — Approve Reduction of Security #1 7.5 Approve 3M Tolling Agreement Consent Agenda approved as presented. ITEM 8: Authorize Advertisement for Part Time Fire Admin Position Councilmenzber Bloyer, seconded by Mayor Pearson, moved TO A UTHORIZE STAFF TO ADVERTISE, INTERVIEW AND PRESENT A CANDIDATE FOR HIRING FOR THE PART TIME FIRE DEPARTMENT ADMINISTRATIVE ASSISTANT OPENING. Motion passed 5 — O. LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2016 ITEM 9: Approve Official Newspper Designation Interim Administrator Schroeder reviewed the request to approve one newspaper for official publication without an alternate. Mayor Pearson, seconded by Co:wenn:ember Bloyer, moved TO ADOPT RESOLUTION 2016-17 DESIGNATING THE OAKDALE-LAKE ELMO REVIEWAS THE CITY'S OFFICIAL NEWSPAPER. Motion passed 5 — O. ITEM 10: Savona 4th Addition Final Plat Planning Director Wensman presented an overview of the Savona 41h Addition plat, zoning, site information and issues discussed by the Planning Commission. Discussion was held concerning street naming and avoiding duplication of street names for streets elsewhere in the City that do not connect to Savona. Mayor Pearson moved TO APPROVE RESOLUTION 2016-16 GRANTING APPROVAL OF SAVONA 4TH FINAL PLAT IYITH CONDITIONS. Motion failed — no second. Mayor Pearson, seconded by Councilmember Bloyer, moved TO DENY THE SA VONA 4TH ADDITION FINAL PLAT. Motion failed 0 — 5. Mayor Pearson, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION 2016-16 GRANTING APPROVAL OF SA VONA 4TH FINAL PLAT WITH EIGHT CONDITIONS. Councilmember Fliflet, seconded by Councilmember Smith, moved TO ADD A 9TH CONDITION THAT THE PLA 7' FOLLO W THE CITY STREET NAMING CONVENTION POLICY. Motion passed 3 — 2. (Pearson, Bloyer —nay) Primary motion passed as amended 4 — 1. (Bloyer — nay). Councilmember Bloyer stated he was opposed to forcing a naming policy on the developer. ITEM 11: Downtown and Village Parkway Lighting Design Planning Director Wensman reviewed the history of the design guidelines and lighting design the Council previously approved for downtown. Discussion held regarding the dark sky ordinance. Councilmember Lundgren, seconded by Councilmember Smith, moved TO APPROVE THE LIGHTING IMPROVEMENTS FOR THE DOWNTOWN STREET, DRAINAGE AND UTILITY IMPROVEMENT PROJECT BOTH PHASE 1 AND PHASE 2, AS PRESENTED BY THE CITY, LVASHINGTON COUNTY AND SEH. Motion passed 4— 1. Councilmember Smith, seconded by Councilmember Lundgren, moved TO INSTALL EVANS FIXTURES A T INTERSECTIONS WITH ACORN FIXTURES SPACED BETWEEN ON INTERSECTIONS ON VILLAGE PARKWAY TO BE CONSISTENT WITH DOWNTOWN LIGHTING. Motion passed 4 — 1. Councilmember Bloyer stated he would not support the lighting design as it does not comply with the City's dark sky ordinance. Page 2 of 4 LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2016 ITEM 12: Inwood Water Tower (No. 4) — Accept Bids and Award Contract City Engineer Griffin reviewed the project outline, bids received and the post bid project cost analysis. Griffin stated that City staff did not recommend adding the alternate for interior mezzanine storage space. Mayor Pearson, seconded by Councilmen:her Bloyer, moved TO APPROVE RESOLUTION 2016-17, ACCEPTING BIDS AND ATVARDING A CONTRACT TO CB&I, INC. FOR THE BASE BID IN THE AMOUNT OF $2,395,000 FOR THE INWOOD WATER TOWER NO. 4. Motion passed 3 — 2. (Fliflet, Smith — nay) Councilmember Sinith stated she is opposed to exterior structures that may be needed in the future and would not support the project without the interior mezzanine storage. ITEM 13; Update on Building Official Position Interim Administrator Schroeder recommended that the Council appoint City Building Inspector Toni Liljedahl as the City's Building Official on a temporary basis until a new Building Official is hired to allow the City to continue to issue building permits. Councihnember Smith, seconded by Councilmember Fliflet, moved TO APPOINT TONI LILIEDAHL AS BUILDING OFFICIAL ON MARCH 26, 2016 ON A TEMPORARY BASIS UNTIL ANOTHER BUILDING OFFICIAL IS APPOINTED. Motion passed 5 — O. Interim Administrator Schroeder presented alternatives for building inspection services to cover the vacancy in the Building Department on a temporary basis. Councihnember Bloyer, seconded by Mayor Pearson, moved TO GIVE THE CITY ADMINISTRATOR THE LATITUDE NEEDED TO FILL THE BUILDING OFFICIAL VACANCY. Councilmember Fliflet, seconded by Councilmember Smith, moved a substitute motion TO AUTHORIZE THE CITY ADMINISTRATOR TO HIRE TEMPORARY HELP IF NEED TO FILL THE GAP UNTIL A PERMANENT SOLUTION IS FOUND AND BROUGHT TO THE CITY COUNCIL. Motion passed 3 — 2. (Pearson, Bloyer — nay) Primary motion passed as substituted, 5 — O. COUNCIL REPORTS Mayor Pearson: Attended a press conference at Tartan Park, met with Lake Ehno Jaycees prepping for the 401h anniversary of Huff N Puff days, followed up with Sanctuary residents, spoke with downtown residents and business owners, meetings with residents. Commented on the censure of Councilmember Bloyer. Councilmember Fliflet: Announced selection of Kristina Handt as the new City Administrator, thanked Washington County staff for presentation on stoplights. Reported on the Environmental Committee meeting, attached Tartan Park press conference. Page 3 of 4 LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2016 Councilmember Smith: Attended press conference at Tartan Park, worked on phone calls regarding City topics. Councilmember Lundgren: Attended Council workshop regarding traffic light at 50'1' Street, Lake Elmo Fire Relief meeting and Environmental Committee meeting. Announced new location for the Fanners Market and upcoming vendor meeting at the Library. Councilmember Bloyer: Met with Mayor Pearson and Washington County staff regarding a stop light on Manning at 50'11 Street, attended the Tartan Park press conference, noted no plan yet for the unionization vote, called on the Council to hire a third party to investigate allegations against him involving a staff member. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Announced vacancies for citizens to participate in the Human Resources Committee, attended Tartan Park press conference, met with the City of Oakdale Administrator and Engineer, met with Washington County regarding Manning Avenue Phase 2, preparing for Parks Commission meeting and meeting with Washington County regarding the Library. Working on downtown cell tower locations and asked for the Mayor and one Councilmember to attend meetings with the union to negotiate the first contract. Mayor Pearson and Councilmember Fliflet agreed to attend. City Clerk Johnson: No report. Finance Director Bendel: Reported that the audit went well and is hoping to present the results at the last meeting in May. City Attorney Sonsalla: Reviewed the Mayor's Handbook updates and meeting regarding the Nature Center. Planning Director Wensman: Working on ordinance reviews and preparing for the new City Planner to join the staff. City Engineer Griffin: Working on bids for the 2016 street improvements, securing Kelvin Ave. easements, downtown phase 2 project and other projects. Meeting adjourned at 10:56 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 4 of 4 CITY OF LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 CALL TO ORDER/PLEDGE OF ALLEGIANCE 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: Interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. Others present: Parliamentarian Joshua Martin APPROVAL OF AGENDA Councilmember Bloyer, seconded by Mayor Pearson, moved TO MOVE THE CLOSED SESSION TO THE REGULAR AGENDA. City Attorney Sonsalla clarified the nature of the discussion to be held during the closed session and noted that the state statutes allow this discussion to be held during closed session but the Council inay choose to hold the discussion during the regular meeting. Motion failed 2 —3. (Fliflet, Lundgren, Smith — nay) Items 2, 5, 8 and 9 were moved to the Regular Agenda. Item 10 was postponed to the May 3, 2016 meeting. Conditional Job Offer to New Fire Department Recruit was added to the Consent Agenda. Agenda approved as amended. ACCEPT MINUTES Councilmember Smith asked if there was an agreement between the parties that should be included in the motion under Item 7 in the February 2, 2016 minutes. Councilmember Millet, seconded by Councihnember Bloyer, moved TO DIRECT THE CLERK TO REVIEW THE VIDEO AND BRING THE FEBRUARY 2, 2016 MINUTES BACK FOR APPROVAL. Motion passed 5 — 0. Clerk Johnson noted a correction to the motion at the top of page 4 in the February 16, 2016 minutes to state that Councilmember Smith's motion was withdrawn. February 16, 2016 minutes approved as corrected. March 2, 2016 minutes were tabled to the next- meetingnleeting for verification of the vote on a motion made regarding Item 20. Minutes of the March 8, 2016 special meetit .ed as presented. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59ffi Street N., asked for volunteers to assist with weeding and maintaining rain gardens in the City and commented on Council Member conduct. Councilmember Fliflet LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 stated that she would bring rain garden maintenance to the Environmental Committee for consideration. Dave Moore, 8680 Stillwater Boulevard, inquired as to the purpose of the Environmental Committee. Bill Wacker, 3603 Laverne Avenue N., commented on the Fire Department and expressed concerns over staffing due to recruitment challenges. Barry Weeks, 3647 Lake El -no Avenue N., expressed concern over the closed session at the end of the Council meeting and lack of public input on the issue the Council is scheduled to discuss. PRESENTATIONS National Library Week Proclamation: Mayor Pearson read the National Library Week Presentation. Councilmember -Fliflet recognized Library Director Nate Deprey for the work he does at the Library. Fire Department New Recruit: Chief Malmquist introduced new recruit Todd Galuska, noting that the City is fortunate to have Mr. Galuska's 5 years of experience and training from his previous department. Mr. Galuska thanked the City for the opportunity to serve as a Firefighter. CONSENT AGENDA 3. Accept 2015 Lake Elmo Firefighters Relief Association Actuarial Report 4. Adopt Resolution Requesting a Traffic Light at 501h Street — Resolution 2016-25 6. Approve Hiring of Building Official 7. Adopt Amended 2016 Fee Schedule — Ordinance 08-132 9.5 Conditional Job Offer to Nev Recruit Consent Agenda approved as presented. ITEM 2: Approve Payment of Disbursements Councilmember Bloyer requested clarification on library card reimbursements. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE PAYMENT OF DISBURSEMENTS. Motion passed 5 — O. ITEM 5: Village City Property Sewer Service — Approve Ouotes to Complete Sewer Service Connections Councilmember Smith expressed concern over extending sewer service to the park shelter when the park may be redesigned. City Engineer Griffin stated that the City has one year to connect the park shelter to the sewer system. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO A WARD A CONTRACT WITH CAPRA'S UTILITIES, INC TO COMPLETE SANITARY SEWER Pac.,T 2 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 SERVICE IMPROVEMENTS FOR TWO CITY OWNED PROPERTIES: THE LAKE ELMO LIBRARY AND FIRE STATION ONE, AND TO CONNECT LIONS PARK SHELTER IN THE FUTURE. Motion passed 5 — 0. ITEM 8: Approve Lawful Gambling Premises Permit for Pull Tab Sales at the Machine Shed Restaurant Mayor Pearson, seconded by Councihnember Bloyer, moved TO APPROVE RESOLUTION 2016-26 APPROVING A LAWFUL GAMBLING PREMISES PERMIT FOR THE OAKDALE A THLETIC ASSOCIATION. Councilmentber Fliflet, seconded by Councilmember Smith, moved TO POSTPONE THE PENDING MOTION TO THE APRIL 19, 2016 MEETING. Motion passed 3 — 2. (Pearson, Bloyer — nay) ITEM 9: Savona 4th Addition Developer Agreement Councihnember Smith asked staff for confirmation that the issues previously discussed by the Council are included in the Developer Agreement and are being completed. City Attorney Sonsalla stated that she has reviewed the Developer Agreement and everything seems to be in line, noting that the list of items included with final plat approval must be complete before the 4th Addition plat will be released. Councilmember Lundgren, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2016-20 APPROVING THE DEVELOPER AGREEMENT FOR SAVONA 4TH ADDITION. Motion passed 5 — O. ITEM 11: Easton Village Park Plan Fonner Interim Administrator Schroeder summarized the park plan and timeline in the Developer's Agreement for installation of the City park on Outlot D. Costs and options for layout of the sidewalk, curbing and play structures were presented. Public Works Superintendent Bouthilet commented on cost savings for utilizing the developer to prepare the site and install curbing. Bouthilet also noted that it will be easier to install the park before the homes are all built up around it and it will allow future residents to see where the park will be when choosing their lot. Councilmember Smith, seconded by Councilmen:6er Bloyer, moved TO DIRECT STAFF TO COORDINATE WITH EASTON VILLAGE TO GRADE THE PARK PAD AND INSTALL CONCRETE CURBING WHILE EASTON VILLAGE HAS CREWS ON -SITE, PURCHASE PROPOSED LARGE PARK AMENITIES AND HAVE AMENITIES INSTALLED THIS SUMMER. Motion passed 5 — O. Page 3 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 ITEM 12: 2016 Street Improvements — Approve Bids and Award Contract City Engineer Griffin reviewed the areas included in the project and reported that four very competitive bids were received. Griffin also reported on funding sources and the estimated completion date of August 12, 2016. Councihnember Smith, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2016-21, ACCEPTING BIDS AND AWARDING A CONTRACT TO HARDRIVES, INC. FOR THE BASE BID PLUS ALTERNATE NO. 1 IN THE AMOUNT OF $1,189,610.33 FOR THE 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS. Motion passed 4 — 0 — 1. (Flifiet — abstain) Councilmember Flitlet stated that she abstained because she is opposed to the water project opposed by some residents. ITEM 13: Inwood Booster Station Improvements — Accent Bids and Award Contract City Engineer Griffin reported that bids for the project came in higher than anticipated, but after reviewing the bids and Department of Health requirements; Griffin stated the project should be awarded as is. Griffin reviewed the cost figures for the booster station and the overall Inwood water system. Councihnember Lundgren, seconded by Councilmetnber Smith, moved TO APPROVE RESOLUTION 2016-23, ACCEPTING BIDS AND AWARDEVG A CONTRACT TO MAGNEY CONSTRUCTION, INC. FOR THE BASE BID IN THE AMOUNT OF $1,308,404 FOR THE INWOOD WATER BOOSTER STATION IMPROVEMENTS. Motion passed 5 — O. Engineer Griffin requested Council authorization for work to be done by Xcel Energy at the site as well. Councihnember Smith, seconded by Councihnember Lundgren, moved TO AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH XCEL ENERGY TO BRING THREE PHASE POWER TO THE BOOSTER STATION SITE. Motion passed 5 — O. ITEM 14: CSAH 15 (Mannin2 Avenue) — Phase 1 Cooperative A2reement City Engineer Griffin presented a Cooperative Agreement between the City and Washington County for cost participation in the Manning Avenue Phase 1 improvements. Councihnember Smith, seconded by Councihnember Lundgren, moved TO APPROVE RESOLUTION 2016-22 APPROVING COOPERATIVE AGIIEEMENT 10144 WITH WASHINGTON COUNTY FOR STATE AID HIGHWAY 15 (MANNING AVENUE) PHASE 1 IMPROVEMENTS. Motion passed 4 — 1. (Pearson opposed) Mayor Pearson stated concerns over the cost of the trail included in the project and potential cost for moving the traffic light. Page 4 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 ITEM 15: Downtown Phase 1 and 2 Improvements — Proiect Update City Engineer Griffin presented summary and detailed information on costs for Phase 1 and 2 improvements. Location maps, project phasing and project schedule were also reviewed. Cost figures were presented with changes that have affected the current totals. ITEM 16: Old Village Phase 2: Street, Drainage and Utility Improvements — Accent Report, Adopt Proiect Assessment Policy and Call Public Hearing City Engineer Griffin presented the feasibility report, scope of improvements and assessment recommendations. Griffin reviewed the City's special assessment policy and the proposed assessment rates for each property. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-24 RECEIVING THE FEASIBILITY REPORT, ADOPTING PROJECT ASSESSMENT POLICY AND CALLING HEARING FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS. Motion passed 5 — 0. ITEM 17: Mayor's Handbook — Chapter 31 Ordinance Update Former interim Administrator Schroeder reviewed final changed to the draft Ordinance update. Councilmen:be,- Smith, seconded by Mayor Pearson, moved TO REPLACE CHAPTER 31.01- 31.07 WITH THE ATTACHED CHAPTER 31.01-31.07 WITH REFERENCES TO SPEAKER TIME LIMITS CHANGED TO 4 MINUTES ON PAGES 11, 12 AND 13. Councihnentber Fliflet, seconded by Councihnember Lundgren, moved TO AMEND THE PRIMARY MOTION TO ADD "POSTED" BEFORE "AGENDA" IN 31.04, A„ B AND C. Motion passed 4 — 1. (Bloyer — nay) Councihnember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO ADD TO 31.04B THAT TWO COUNCILMEMBERS MAY PLACE AN ITEM ON THE AGENDA. Motion passed 3 — 2. (Pearson, Bloyer — nay) Councilmember Fliflet, seconded by Mayor Pearson, moved TO AMEND THE PRIMARY MOTION TO STRIKE THE CHANGE REGARDING 4 MINUTE TIME LIMITS FOR SPEAKERS. Motion passed 3 — 2. (Bloyer, Smith — nay) Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ADD TO 31.04.D.6 TO STATE THAT THE COUNCIL SHALL NOT INTERRUPT THE SPEAKER BUT SHALL WAIT UNTIL AFTER THE SPEAKER IS FINISHED. Motion failed 2 — 3. (Fliflet, Lundgren, Smith — nay) Primary motion passed 3 — 2. (Pearson, Bloyer — nay) Councilmen:be,. Fliflet, seconded by Councihnember Lundgren, moved TO ADOPT RESOLUTION 2016-27 FOR SUMMARY PUBLICATION. Motion passed 5 — 0. Page 5 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 ITEM 18: Union Negotiation Committee City Administrator Handt requested that the Council appoint a committee and alternates to participate in union contract negotiations. Councilmembers discussed their individual interest and qualifications for serving on the committee. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ALLOW STAFF TO MEET WITH THE LOCAL 49ers REPRESENTATIVES AND BRING BACK A FULL CONTRACT FOR COUNCIL CONSIDERATION. Motion failed 2 — 2 — O. (Pearson, Bloyer — nay. Smith — abstain) Councihnember Smith, seconded by Councilmember Lundgren, moved TO APPOINT MAYOR PEARSON AND COUNCILMEMBER FLIFLET TO ASSIST STAFF IN LABOR NEGOTIATIONS AND NOT APPOINT ALTERNATES BUT LET THE MEETINGS GO ON AS LONG AS A MAJORITY OF THE TEAM IS PRESENT. Motion passed 5 — O. COUNCIL REPORTS Mayor Pearson: Investigated an allegation against Councilmember Bloyer related to Public Works and found it to be false. Councilmember Fliflet: Thanked former Interim Administrator Schroeder for his work with the City and welcomed new City Administrator Handt. Councilmember Smith: Received phone calls from residents on various issues; thanked former Interim Administrator Schroeder for his service and welcomed City Administrator Handt. Councilmember Lundgren: Welcomed City Administrator Handt and thanked Clark Schroeder for his service as Interim Administrator. Reported the Farmers Market group will hold a meeting April 1111% 6:30 p.m.. at the Library. Councilmember Bloyer: Reported the City has received a data request targeting him and warned it will be very costly to the City to produce the inforination. STAFFREPORTS AND ANNOUNCEMENTS City Administrator Handt: Thanked staff for helping during her transition. City Clerk Johnson: Working on website updates and welcomed new staff members. Finance Director Bendel: Pulling together final information for 2016 bonding for Finance Committee Meeting on April .131h . City Attorney Sonsalla: Working on the Mayor's Handbook and working with the City Engineer on easements. City Engineer Griffin: Holding an open house on April 23n1 at Christ Lutheran Church for the CSAH 13 project. Received a petition for sewer access from Lake Elmo Elementary. Engineering team is completing a sweep through developments to check on erosion control. CLOSED SESSION Mayor Pearson, seconded by Councilmember Smith, moved TO ADJOURN TO CLOSED SESSION A T 1:17 A.M. PURSUANT MN STAT. 13.D.05 SUBD. 3 TO DISCUSS A REAL Noe 6 of 7 LAKE ELNIO CITY COUNCIL MINUTES APRIL 5, 2016 ESTATE TRANSACTION FOR PROPERTY LOCATED AT 3504 AND 3514 LAKE ELMO AVENUE AND ONE ADJOINING VACANT PARCEL. Motion passed 3 — 2. (Pearson, Lundgren — nay) Councihnember Rifler, seconded by Councilmember Lundgren, moved TO RETURN TO OPEN SESSION AT 2:39 A.11 Motion passed 5 — O. Meeting adjourned at 2:39 a.m. ATTEST: Julie Johnson. City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 7 of 7 CITY OF LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2016 CALL TO ORDER/PLEDGE OF ALLEGIANCE Meeting was called to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, and Jill Lundgren. ABSENT: Councilmember Justin Bloyer. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. APPROVAL OF AGENDA Items I 1 and 15 were moved from the Consent Agenda to the Regular Agenda. Agenda approved as amended. ACCEPT MINUTES Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE FEBRUARY 2, 2016 MINUTES WITH THE REMOVAL OF THE LAST PARAGRAPH ON PAGE I. Motion passed 3 — 1. (Pearson — nay) March 2, 2016 Minutes approved as presented. PUBLIC COMMENTS/INOUIRIES Virginia Pleban, 8245 59' Street North, spoke about volunteerism and encouraged others to appreciate volunteers. PRESENTATIONS Arbor Day: Mayor Pearson read the Arbor Day Proclamation Environmental Committee: Committee Member Wendy Griffin spoke on behalf of the Environmental Committee and reported that a tree giveaway will be held on Arbor Day for Lake Elmo residents. Lake Elmo Jaycees: President Casey Block presented the City with a $10,000 donation from charitable gambling. CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept March 2016 Financial Statements 4. Accept March 2016 Assessor's Report LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2016 5. Approve Lift Station Repairs 6. Approve Hiring of Part Time Fire Department Administrative Assistant 7. Authorize Hiring of Interns 8. Authorize Advertisement for Public Works Director Position 9. 2016 Crack Sealing — Receive Quotes and Award Contract 10. Approve Inwood Water Tower Zoning Map Amendment- Ordinance 08-134 11. 12. Comprehensive Map Amendment for MUSA — Resolution 2016-31 13. Approve Lawful Gambling Premises Permit for Pull Tab Sales at the Machine Shed Restaurant — Resolution 2016-29 14. Approve Summary Publication of Ordinance 08-132 Amending 2016 Fee Schedule — Resolution 2016-30 15. 16. Approve Fence Easement Encroachment Agreement 11913 32"d St N Consent agenda approved as presented. REGULAR AGENDA ITEM 11: Approve Home Occupation Definition Change Planning Director Wensman reviewed the proposed change in home occupation definitions as recommended by the Planning Cornmission. Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE ORDINANCE 08-135 AMENDING THE HOME OCCUPATION DEFINITIONS OF CHAPTERS 154 & 11 OF LAKE ELMO'S MUNICIPAL CODE BY REMOVING "HAIRDRESSING," LIMITING STOCK IN TRADE TO 1000 SQUARE FEET, ALLOWING RETAIL SALES ANCILLARY TO THE PERMITTED BUSINESS, ELIMINATE THE TVORD "HAIRDRESSING" AND REMOVING THE PROHIBITION OF BARBER SHOPS AND BEAUTY SALONS, AND AMENDING CHAPTER 11, SECTION 11.0: DEFINITIONS OF LAKE ELMO'S MUNICIPAL CODE BY ADDING A STOCK -IN -TRADE DEFINITION Motion passed 4 — O. ITEM 15: Approve Waiving the Fee for Residents for Clean Up Day City Administrator Handt stated that the Environmental Committee is working on organizing the event and reported on past fee amounts collected and grant funds available for use. Councilmen:her Smith, seconded by Councilmenther Lundgren, moved TO APPROVE IVA I VING THE FEE FOR RESIDENTS FOR CLEAN UP DAY. Page 2 of 5 LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2016 Councibnemberlet, seconded by Councilmember Smith, moved an amendment adding TO EXPAND THE SCOPE OF CLEAN UP DAY TO INCLUDE ELECTRONICS AND BRUSH AND OTHER ITEMS THE ENVIRONMENTAL COMMITTEE CAN ORGANIZE. Motion passed 3 — 1. (Pearson — nay). Primary motion passed 3 — 1 as amended. (Pearson — nay) Mayor Pearson stated that other uses could be found for the funds that will be used to pay for this event, and waiving the fee may have consequences in the future. ITEM 17: 2016 Street Improvements — Adopt Resolution 2016-31 Approving 2016 Street and Utility Improvements and Rescinding Resolution 2015-82 City Administrator Handt reported on the need to rescind Resolution 2015-82 and adopt a new resolution to approve the 2016 Street and Utility Improvements, noting that the resolution must pass by a 4/5 vote in order to be accepted by bond counsel for inclusion in the 2016 Capital Financing Plan. Councilmember Fliflet moved TO TABLE ITEM 17 TO THE MAY 3, 2016 MEETING. Motion failed — no second. Mayor Pearson moved TO ADOPT RESOLUTION 2016-31 APPROVING 2016 STREET AND UTILITY IMPROVEMENTS AND RESCINDING RESOLUTION 2015-82. Motion failed — no second. Councilmember Fliflet requested staff prepare options for consideration at the next meeting that would include breaking out components of the project. ITEM 18: 2016 Capital Improvement Financing Plan; Approval of the Issuance of G. O. Bond Series 2016A Tammy Omdahl presented a Finance Plan Summary for the issuance of General Obligation Bonds, discussed Mooty's comments on the City's bond rating and reviewed the timeline for sale of bonds. Omdahl noted that the Council could put off action until the next meeting but does need to take action prior to the scheduled May 17, 2016 sale date. Councilmember Smith, seconded by Councilmember Fliflet, moved TO POSTPONE ITEM 18 TO THE MAY 3, 2016 MEETING. Motion passed 4 — O. ITEM 19: Village Preserve 2" Addition Final Plat City Planner Wensman presented the final plat for Village Preserve 2"d Addition and Planning Commission recommendations for approval. Street naming was discussed to address potential conflicts with the use of Laverne as a street name. Page 3 of 5 LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2016 Councihnember Smith, seconded by Councilmember Fhflet, moved TO APPROVE RESOLUTION 2016-35 GRANTING APPROVAL OF THE VILLAGE PRESERVE 2ND ADDITION FINAL PLAT WITH 13 CONDITIONS BASED ON THE FINDINGS OF FACT IN THE STAFF REPORT. Council:net:the:. Fliflet, seconded by Councilmember Smith, moved TO STRIKE CONDITION #8 AND REPLACE IT WITH A CONDITION STATING THAT ALL STREETS WILL COMPLY WITH THE CITY'S STREET NAMING CONVENTION POLICY. Motion passed 4 — O. Primary motion passed 4 — 0 as amended. ITEM 20a: Inwood 3" Addition Final Plat Planning Director Wensman reviewed the plat for the Inwood 3rd Addition and the proposed conditions of approval recommended by staff and the Planning Commission. Council added condition 11 by consensus that all streets follow the City's naming convention. Councilmember Smith, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-34 APPROVING THE FINAL PLAT FOR INWOOD 3" ADDITION WITH THE FINDINGS IN THE STAFF REPORT AND THE ADDITION OF CONDITION 11. Motion passed 4 — O. ITEM 20b: Inwood 3rd Addition Developers Agreement Planning Director Wensman reported that the Council was provided with an updated draft prior to the meeting. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2016-33 APPROVING THE DEVELOPERS AGREEMENT FOR INWOOD 3RD ADDITION Motion passed 4 — O. COUNCIL REPORTS Mayor Pearson: Represented the City at the St. Paul Power and Sailboat Squadron boater safety meeting, met with property owners, downtown business owners and staff met with Cable Commission rep Ginny Holder, commented on the city's use of a parliamentarian and the censure of Councilmember Bloyer. Councilmember Fliflet: Attended the Finance Committee meeting and very excited about the work coming from the Environmental Committee. Councilmember Smith: Attended the Finance Committee meeting and addressed numerous resident issues. PaLte 4 of 5 LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2016 Councilmember Lundgren: Attended the Environmental Committee meeting, announced Farmer's Market vendor meeting May 25'1', 6:30 pin at the Library. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Handt: Attended the Finance Committee meeting, beginning budgeting process work, attended development meetings, worked on Verizon cell tower issues, attended Parks Commission meeting, met with cable commission representatives regarding franchise renewal, addressed resident issues and reminded the Council of the Board of Appeals and Equalization meeting. City Clerk Johnson: Reported on work on the City website, Facebook page and weekly FRESH email to help provide information to residents. Finance Director Bendel: Sent out first quarter water bills, working on the 2016 bonding cycle. City Attorney Sonsalla: Working on [mood Developers Agreement, noise ordinance amendments, warning siren easement, controlled burn agreement. Planning Director. Wensman: Addressed resident concerns regarding construction, comp plan amendment, rezoning, developer interest. City Engineer Griffin: Holding a joint open house Thursday 6:30 pin — 8:30 pm at Christ Lutheran Church, preconstruction meetings and continuing erosion control enforcement. Parliamentarian Wendt: Stated he is happy to take questions from the public about his work and encouraged the public to contact him. Meeting adjourned at 9:25 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Paae 5 of 5 THE CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL COMMUNICATION DATE: May 3, 2016 CONSENT ITEM #2 MOTION Approve Disbursements in the amount of $162,700.53 Patty Baker, Accountant Cathy Bendel, Finance Director 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 POLICY RECOMMENDER: Finance FISCAL IMPACT: $162,700.53 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $162,700.53. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council Meeting [Consent Agenda Item 2] May 3, 2016 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct nonnal 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 $ 12,581.30 Payroll Taxes to IRS & MN Dept of Revenue 04/28/16 ACH $ 6,733.02 Payroli Retirement to PERA 04/28/16 ACH $ 1,200.00 Payroll Retirement to ICMA 04/28/16 DD7128-DD7158 S 29,716.59 Payroll (Direct Deposits) 04/28/16 44240-44291 $ 112,469.62 Accounts Payable 05/03/16 TOTAL $ 162,700.53 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursetnents in the amount of $162,700.53. ATTACHMENTS: Accounts Payable — check registers Accounts Payable To Be Paid Proof List Liser: Patty13 Printed: 04)28/2016 - 1:54 PM 13aich: 0(18-04-2016 Invoice # Inv Date ANC0k1 ANCOIVI Communications, Inc. 59743 04/18/2016 101-470- )720-43230 Radio 59743 Total: A NCOM Total: Amount Quantity lin( I)a(e 1)escriplioa Itelerence BAK EltTAY Baker & Taylor 2031775649 03103/2010 206-450-5300-42500 Library Collection Nilaintenance 7031775640 Total: 2031775650 03/03/7016 206-450-5300-42500 Library Collection Maintenance 2031775650 Total: 2(131779462 03/04/2016 106-450-5300-42500 Library Collection klaintenance 203 I 779462 Tula!: 2031811370 03/1412016 206-450-5300-42500 Library Collection Maintenance 2031812370 Total: 11131812371 03:14/2010 706-450-5300-42500 Library Collection Nlaintenance 2031812371 Total: 7031812372 03/14/2016 106-450-5300-47500 Library Collection Nlaintenancc 2(131817377 Total: 11131812373 03/14/2016 106-450-5300-42500 Library Collection Nlaintenance 2031817373 Total: 2031812374 03/14/2010 206-450-5300-42500 Library Collection Mainlenance 21131812374 Total: 2031812375 031141201 100-450-530(1-42500 Library Collection Nlaintenanec I 2A0 0.09 05403/2016 Shipping Charges I 2.00 I 7.00 7.20 0.00 05/03/201 6 Books 7.20 14.96 0,00 05/03/201 6 Books 14.96 40.1(7 0,00 05/03/2016 Books 40.07 6.75 0.00 05/03/201 6 Books 6.75 10.77 0.00 05/03:2016 Books 16.72 15.97 0,00 05/03/2016 Books 15.07 10.38 (WO 05/03/2016 Books 10.38 5.19 0,00 05/03/2016 Books 5.19 44.85 0.00 05103/2016 Books Task Type PO 1/ Close P(W.ille No 0000 No No MOO No MOO (MOO No No No 0000 No 0000 No (WM .A1) - lo 13e Paid Proor (04428/)6 - 1:54 PM) Pe 1 Invoice tl lay Dale Amount Qaamity Pm( Dale Descriplion Itelereace 2(131817375 Total: 2(131814334 03115/2016 706-450-5300-42500 Library Collection Maintenance 2031814334 Total: 2(131817319 03110/7016 206-450-5300-42500 Library Collection Nlaintetionee 2031817319 Total: 2031817320 03/16/2016 206-450-5300-42500 Library Collection Maintenance 703181732(1 Total: 2031817321 03/10/2016 200-450-5300-42500 Library Collection Maintenance 2031817321 2031852814 (13/78/7016 206-4150-5300-42500 Library Collection Nlaintenance 2031852814 Total: 2031857815 031'180016 700-450-5300-42500 Library Collection Maintenance 2031857815 Total: 2031852816 03/78/7010 206-450-5300-42500 Library Collection fvlaintenance 2031852816 Total: 2031852817 03.12812016 706-150-5300-41500 Library Collection Maintenance 2(131852817 Total: 2031852818 03/28/7016 2(16-450-5300-425(in Library Collection Maintenance 7031852818 04/0512016 706-4.50-5300-42500 Library Collection Maintenance 2(131852818 -Fowl: 7031882490 04/(15/2016 700-450-5300-42500 Library Cullec6oii Mainienance 7031887490 'Fold!: 2031882491 04/05/2016 106-450-5300-4250() Library Collection Maintenance 2031882491 'fond: 7031887492 04/05/2016 706-450-5300-425011 Library Collection Maintenance 7(13188)492 Total: BA K F1ZT.A \r" Total: 1312RK LEY Insurance Trust I ,eneue olMN Citie 3 )1105 04/1812016 1(11-000-0000-)0200 Accounts Payable Ap To 13c iaiol List (04.'28.,16 - 1:54 PM) 44.85 254.10 omo 05/03/2016 13ooks 254.16 15,51 0401.1 05/03/2016 Books 15.51 10.00 0,00 05/03/2016 13ool(s 10,00 162.64 0,00 05/03/2016 Books 162.64 9.94 0.00 05/03/2016 Books 9,94 15.51 0,00 05/03.(2010 Books 15.51 14.95 0.00 05/03/201 6 Books 14.95 134.46 0,00 05/0312016 Books 134,46 7,14 0.00 05/03/2016 Books 9,41 UAW 05/03/2016 book 16.55 15,51 0.00 05/03/2016 Books 15.51 76.90 0.00 (13/(13/2(116 Books 76,90 178.15 0,00 05/03/2016 Books 178.15 1.4165.87 8,278.68 0,00 05/03/2016 Workers Comp Final Task Type I'() tt (lost. 1411,hte Ji No o000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No IRMO No 0000 NI 0000 No 0000 No 0000 No 011111) No (111011 Page 2 Invoice III A' 1)ale Amount Quantity 1)at, )escripliou Reference 32005 04118/2010 601-00 Accounts Payable 32(105 01/18/2010 2-1100-0000-202011 Accounts Payable 320(15 Total*. 131.T1<. LEY Total: BEI:TEL-SO Bertelson's WO-189031-1 01/3072016 101-410-1040-44300 1\liscellancous WO-1891)31-1 Total: BEICFELSO BOLIONNIE Bolton & Menk, Iije 0180043 0-1/1 2/2016 601-49-1-0400-43030 Engineering_ Services 0180043 04112/201( 612--1_0.150-431)30 Engineering Services 0189043 Total: BOLTON81E Total: CAIZ.D111E1\413 Cardmentl)er Service 041920 1 0-1.•46./21116 101-450-5200-42250 Landscaping Ivlaicrials 0-1192010 01'16./2016 l0l-450-521)(1-4-11130 kepairs/Mnint Imp Not Bldgs n4192016 04/1612016 11)1-410-1940-44300 Miscellaneous 04192016 04/1621)16 101-430-3100-44330 Dues & Subscriptions 04192016 0111 6/2016 101-4120-1220-44300 Miscellaneous 04192016 0,1!16/2016 101-120- )220-44300 NIjsceIlaricous 04192016 Nil 6.0016 101--110-1450-43180 Information Technology/Web 1)41921116 1)1116/2016 101-430-3100--13180 Information Technology/ \\fel) 0-1192016 01/16/2016 101--110-1320--14330 Dues& SlIbtieripli(MS 0-1192010 0-1/16/21)16 1-49-1-9-10(1--14300 Task 399AS 0,00 05/03/2016 \Yorkers Cump Final 270,84 11,00 05/03/2016 Workers Comp Final 8,949.00 8,949,00 75,20 0,00 0541 3/20 I 6 Paper towels 75.10 75.')11 28400 0,01) 05/0312016 PVIZ Station 420.00 0.00 05/03/2016 P \IR Station 700.00 700.00 56.49 0.00 1)5/03/2016 Michels 197,12 0.110 05;03/2016 Benches 337.06 0.00 05/03/2016 Plants - City Hall 99.(10 0,00 05/03/2010 Amazon Prime Membership 64.26 0,00 05/0312016 Iloliday 265,00 0.00 05/03/2016 Service Award 90.00 0.00 05/03/2016 Constant Contact 50.00 0.00 05103/2016 Software S60.00 0.00 05/03/2016 Annual ICMA Membership 100.68 0,00 05/03/2010 envelopes for water bills Type I'(.) /I lose P()11,ine No Of)(111 No OMNI No 00011 Nu 0000 0000 No ((010) No 1)1)00 No 01)(1‘) No Main No 0000 No 111)(111 Nu0000 No 0000 No 0000 0(1011 Al' - Tu) Be Pahl Lis) (0-1[2til1ei - In`d 1Page 3 Invoice tt 04192010 (14•'16/2016 206-4511-5300-421100 011ice Supplies 04192010 0-1' 16/2 O 16 20 -.ISO-530(--I2501) Library Collection Nlaintenance 04 102016 (61 / 1612(116 206--150-53011-143011 Miscellaneous 04192O 16 04' 16/2016 206-45((-5300--4.I0I 0 Repairs/N faint 13111g 04192016 04/16/2016 200--150-53(0 -43180 logy 04192010 "I'f}1r.,I: CARDI`I[/V1Li 'Tota1: CARQUES`L Car Ones( Auto Paris 2055-373303 03/ 14/7016 101-43(I- 200-42100 Small Tools & Minor Equipment 2055-3733(13 Total: 2055- 375843 0-1/ 13/2010 101-430-3100-44040 Repairs!\-laint Eqpt 2055-375843 Total: 2055-376999 04/262(116 101-450-5200-440-10 Repairs/Mainz Eqpt 2055-370999 Total: CARQUEST Tomb, CEN I'I'O\\% Cen(ury Power Equipment 68423-I ((4/ 1 1/2016 1(11-420-2220-42400 Small Tools `` Izquipntcul 684234 -I u6aL C'ENT1)0\\F Total; CTVROSI-N Cily of Roseville 221401 04/21 /2010 1(11--1 I I1- 1450-43 180 l nli,nnation Technology Web 221-I(14 Total: I1-1' 2 l /2(116 )214 30 101-410-1321 22143() 04/212016 1(11-420-2-10(1-43210 Telephone 2n 1-1.10 ((4/21/2010 101-410-1-15(1-43210 Telephone 22143(1 (14,21/21)16 101-4111-11)30-432IO Telephone 'roof List (04(28/16 - 1:54 1'111) Amount Qua I'm( I);uc 49.23 478.86 214.12 2.66 32.13 61 36.99 1=1.14 14.14 14.68 14.68 55.81 4,166,25 05/11312(116 Supplies 05/03/2016 Library 05103/2))16 Miscellaneous 05/03/2016 ant killer (15/03/201 0 McAfee 0.011 (15/032(116 Blower (1.00 f)51{132016 Repairs Repairs 0.00 05/03/2016 Chain Saw Straps 05/032(110 IT Services - Aar 4,166.25 112.53 0,00 05/032016 "I elephone - April 17.77 0,00 05/03/2016 Telephone - April 1 7.77 0,01) 05/03/2010 Telephone - April 17.77 ((.00 05/03/2016 Telephone - April Reference 'Task I'O tt (lose ['((Line 11 No No No 000f ) 0000 Nu (10110 No No No No No lot Palc '21430 (1-I21'2016 101-41 n-15 20--43210 Telephone 221430 0- 110010 I (11-,116- I'} 111--1 )2I (I Telephone Amon ( (}n,tttli(s f'tnl 11a1L 35.55 t),(}C) (1510)1)(}I6 -April 49.30 (I,((0 {}S;r}3,2(}1t7 Telephone - April I.13) (I -I 21:20I6 23d,`7 0.611 05 03/2016 Telephone - April 10I--130-3 I (10-43210 -Telephone C '1'R(1SIi\' To(al: 221.130 fatal: 485.56 -1,651,81 C l YS fl':AI I C'il_y of S(. Paul 1535 1 0-1/2 4'2016 595.75 6.60 05/03/2016 Asphalt 1(11- 43(1-3126--(22-11} Sired !\laintcnancc \Materials 15381 Total: 595.75 CfYS l'l' \U Total: EFFINGER Eflinec 601-494-94100-4331() \lileaa c Two': EFFINGER Total: FAIERGALIT [inert., 1uCnttic}tine7eclt, Inc \11'031410-13 (}4/IS/201Ci 601--,19 4-9-106-92-I(1(I Small Toots R 'liner Equipment AWV031416-13 'final: FMFR(ir\UT Tnl-al: GI<SI:RVIC G K Sc,' ices 1182657624 101-430-31110-3-1170 Uniforms I182657624 Total: GI:SER\'IC Tidal: (iONYFA Got ca (Intttcs 201 5-0002 14>25/2016 803-0011-((('0(1-229116 1.}tI}n it5 2015-000213 (}-4/25/2016 863-000-0000-22900 Deposits Payable 20I5-000231 Total: 595.75 Reference 0.60 05/03/2(116 Water class - mileage 189.00 79.95 1).Ot) 05/0)(2(116 Tools 79,95 79,95 35.15 {i,f}(} 05/03/2016 Unirnrms 35.15 35.15 5,000.00 0.00 65/03/2016 Escrow release 11732 58th Street 5,000.(10 -150,00 0.(10 65/03%2016 Encraochtnenl Agreement Fee - 150.66 Task Type i'()4 . luse I'(11,ine rl Ry No 0000 No No (I(I(I(1 Nn No Al' - To 13c I'aitl Trout Ini 1)alc (;ONVEA Total: (#IZI.I\'I`AN1 Oren( America Fincti�citll 18616246 04/1512(116 1))1-.1Ill-I9.10-=1-( 10 Rep;urs:`Maint ("ntractual Eqpt 1 S616246 Total: (IR liA lAIV1 `fetal: INNC1\`A'l 1t;nn\nti •e OI'lic:e Solutions I(44872-C'I\1 0-1/ 1312016 10I-410-1520--I200(I Office Supplies 044872-C111 Total.. 0-€13/2016 I ()I-0 10-1320-42000 OlTice Stipplic 111S4`5 `7'tnal: 1161032 1)-1/25' )1116 101-4 10- 1 321)-4 2(100 ()Mice Supplies 1161032 Total: 1161(133 04/25/2016 I III-420-2-I00-42001) 011icc Supplies 11611)33 Total: INNOVAT Toed: KA1\ICO Kn:ne , Ccttf+ 4192016 4119 40-4-410- ;0110-4-1(131) Repairs/ <41t121116 1(Af\iCC) Total: Not 131d!._s a IIII-430-3100-4212(I Fuel, L1il and Fluids 551132 Total: 551657 04/1912016 101--13(1-31011-42120 Fuel, Oil and Fluids 551657 Total: 551 931 04/ 1 80016 101--1 30-3 1 (ll-42121) Fuel, Oii anti I €rtitfs 551931 Total: 551932 0411 S/21)16 101-430-3100-42 120 Furl, Oil and Fluids 551032 Tnln1: Amount Quo] 4,85)1.OI) ['nit Date Iiesc) it)liva) Reference 7 0.00 05/0312016 Copier Inain(e)0 653.67 653.67 -1 5.22 -15.22 SS.56 88.56 25.32 25,32 33.1)1) 33.00 136.66 05/03/21)16 ((5103121)16 ((5103/2016 500.00 t).(iti 05/03/20 I'() 0 Close 1'()I:Ille // No 16 Tree removal -Pebble Park Shelter - No 25.00 0.00 051((3/2016 Fluids 25.1)0 35.00 0.011 05/03/2016 Fluids 35.00 593.52 0.110 05/03/2016 Fuel 593.52 536,01 0.00 05/03/2016 Fuel 536.111 AI' -To Be P "uuf I is) (I14 28'I6 - 1:5-I P))( No Nu No No Inv I)ale Amount ()nail I: alltl'url final: I�ENC;IZ,\VF Kennedy & Graven, (Chartered 1.3 1 16-4 (W' 19 301(, 1111--41II-1320-43(Idll Leval Services 131164 04' 19:2(116 206-450-5. 00--131)-II) Legal Services 131164 0=471912(116 $C) 3-00O-(1000-224I0 L)e eli(mr Paynu'o(s 131I(ta 01/19.'2016 $1) 3-11(1O-1)000-22)1(1 Developer Payments 131164 1)41912016 101-') 10-1320--13(11I(I Legal Services 131164 0-1119/2((16 13040 Legatl Services 131 10 1 0-4- 1111-=4 10-13211-430-40 Legal Services 1 31 16'4 l l4;19/21116 101-410-I 32O-430-II) Legal Services 131164 .1 itt KL•NCILA\'Ls Total: KIN(.iK I{in, Ira si Planning 101-4111- I d50--43621) Planning, Conti (1=1[ 1 101-410-1 450--4 3620 I'I;niuin I:INCIK l.e: znc oi'MN Cities (4104/2(116 71) Cinlerences & Train 234505 Total: LEAGMN 'final: Lillie Newspipers Inc. Lillie Suburban Ace( 0071-18 113/31r2016 101-410-I 320-43510 I.ec;ll Publi.tilin \cci 01)71:41 I'm( IhiI Reference 14.123,21 (i.(li) 05/03/2016 Civil (\lauels - March (I.0(I (15''0312016 Library - March 18.5(1 (1.01) t)5t(}3;i{}#Ci Hammes 2,469,00 3,1 87.37 193,75 619.50 0,00 ((5/03 ?(li{; Union ntlks 707.22 21,628.55 21,628.55 55.00 55_(I(1 55.00 55,(111 1(4.044 30.00 3(1.01) 30.00 597,80 592.81) (157(13/)(1I6 Nature Center ((5103/2016 Cable 4.25.16 ().00 I)5./03.12(I16 Planning 1.00 115I0 3r)(116 Notices 0.I)(I (15703/2016 Savona IV 0.00 05/03/2016 3n1 liticalinn - March 0.00 05/1)3/2(116 Veriznn Lease 14► II lose I'OI,iuc 0 ion Class - No 0000 Ni 1:54PM) 2)13535 1 II 1--1 10-1040-44O-II I Inv hale S/21)1 (i LOFT Total: AI('[}tNlcI)mild Construction 21)11-256 ID/26/2016 8113-001(-000I1-22900 Dcllosils I'€ay; l)le 2111-I-25) `1`tat,ll: 2014- 250l3 111/26'2016 803-000-1)000-2200)) Deposits Payable 2)14-25613 Total: 'ICDONALI) `total: Nle0hilli Mike 4lcPliillihs Inc 45720 04/21/2016 603--106-05011-4<I))10 Street Sweeping 45721 Total: klePhilli "Total: N I EN A R DSO N'l chards - Oakdale 211)8 04/23/2016 1(11-450-5200--12250 I.at ) eapin liztterials 21118 04 /73/701 6 I01-151)-5200-42 111(I Small Tools & inor licluipmenl 21(18 `total: )1 85 04 14/2016 101-150-52011-4> I51) Shop Materials 2185 Total: 2416 1)4// 18:2016 II)I-450-5200-422511 Landscnpine NLllerials 2416 Total: 7.:151) (4 / 18;2016 60I-40-1-0.II)1)-42770 l Mitt): Sy tem MainleIulnce )450 Total: 2564 04 2l02016 101--120-7211-440-I0 Repairs/i\l:lint Eqpt )564 0-1 20'2O16 10I--I20-2220-=12100 Small fools& I'ynipmeut \I' - Tn lle "rrrl'List Illy/21i'I6 - 1:54 0N4) Amount 592.80 34 2.07 342.1)7 342.07 I'Inl Dale Itelerence Task "I's l)e I'() " ('lose I'()I:itle ?'; 0.011 (15/03/2(116 5,1)00,1))) 0,011 05/03/2016 5,111)11,00 0.11(1 05/I)3/2(116 Encroachment agreement fee -10O.00 4,900.110 10,318,00 0.011 05/03'2016 Street Sweeping 10.318,00 10,318.00 30.86 1).(10 (5703/2016 landscape 43.23 (DI() 05/03/7016 Small tools 74.09 113.76 0.0(1 05/03/21)16 1 1 3,76 69 23 11.t1t} 05,113/2)116 Landscape supplies 69.23 3.24 (1.00 05/03/2016 Maintenance 3.24 111.36 0,011 3,37 Bar and Chain nil 05/03/2016 Tape Nn Nu Hoop N'o 1)11110 No O(111(1 No 1111oice tt ItiN 1)ate 2564 04.110f2016 101-410-2220-441110 lepair,s/Nlaint Bldg 256-1 04/10/1016 101-420-2220--14( 10 Repairs:Montt Bldg 2564 Total: 2746 04/13/7016 101-450-5200-41150 Shop i1 laterials 2746 Total: 2833 04/14111110 I 01-450-5200-47150 Shop 1\ laterials 2833 Total: 2859 1-L18/2016 101-450-5200-42150 Shop I\ laterials 2859 -loud.. 114 ENAIDSO Total: 1\11'..NIAltDST Mcnards - Stillwater 85115 04/11/2016 I 01-450-52014-42230 Building Repair Supplies 85125 Total: NIENARDST Total: N1NCODE 1\ I innesota Code Consulting 313117016 03/31/2016 101-420-2400-43150 Inspector Contract Services 3/31/2016 Total: -1;20:'10 04/20/2016 101-470-2-100-43150 Inspector Contract Services 4/20/16 Total: N1N1C01)E, Total: N1T1 Distributink.r 1(157117-00 (1-1,1 1/2016 1(11-45(1-5200-1)5() Landscaping Nlaterials 1057217-00 Total: 11-411 Total: NAM NALA Auk, purls 87.5089 (41!)1/1016 101-430-3100-4-10-10 lepairs:Nlaint Eqpt 875989 Total: zlitiount, Qua it lity Piut 1)escription I(el'creuce Task Type l'( lose POLine -, - -------- - 6.-19 0,00 05/03/2016 Station Supplies No 0000 8 0,00 (15/03/2016 Rebate Ni 0000 16.04 143.59 143,59 102,49 1(12.49 66,79 66.79 589.13 0.00 05/03/2016 Shop supplies 0.00 05/03/2016 Shop supplies 0.00 05/03/2016 Shop supplies No 0000 No 00011 0000 27,92 0.00 (15/03/2016 Building repair supplies 1slo woo -7,9) 77.97 462,50 0.00 05/0312016 Inspection Services - March No 0000 462,50 4,123.91 0400 05103/2016 Inspection Services - April N (11)(11) 4,1)3.91 4,586.41 156.44 0.00 05;03/2(116 Landscape materials 256,-14 256,44 86,43 86.43 0.110 (15103120 16 Repairz; 141111011 No 0000 p - To 13e paid Proo'List (0.1;28;16 - 1:54 PNI1 rdile 9 Invoice Ittv Dale NOIZI)S1 RI Nordsiront Emily 0-1128/2016 I 0 I --I 10-1450-43620 Cable Operations C(.2 Parl:s (1-1/2812016 101-4 I 0-1450-43620 Cable Operations Parks Total: NORI)STIal Total: IZIVERPIZT vet: Valley Printing 5370 0-1 1 7/2(116 101-4 )11-2220-42090 Fire Prevention 5370 "rota!: RIVE11)124 Total: SCIll.WINLIk Schumacher's Nursery 1566 041 9/2016 101-430-32110-42100 lecycling_ Supplies 1566 Total: SC1 II ININUR SF.1,FCIA(• SeleciAccount I 1-13709 04/06.22)'16 101-410-1520-43150 Contract Services 11-13709 SELECTAC Total: SI IORTNIT Short Elliot I lenderickson„ IIl 31,30P 04111/2016 409-480-8000-431130 Engineering Services 313052 Total: SI-10111-1.1..1 SPRINT Sprint 761050/17-156 04116/2016 I 0-1 1040-432111 Telephone 761Q5(2Y)7-156 (W16:2016 101--1241-2220-43210 1-eh:phone Al' - li, 13e "roolTist ((01'28/ - 1:54 1-'NI) (2muilily Pint Date 1)escriplion Reference 6.43 lask Type NI it Close l'()1,ioe i1 . ------- 55.00 IWO (15/03/21116 Cable c1,19.2016 NII0000 55.00 55.00 0.00 05/03/2016 Cable 4.15,2016 No 55 00 11100 62.00 (1,00 (15/(13./2(116 Mtijtiii cards For Red Cross No Non 67,011 62,00 614.50 ()AM 05/03f2016 Trees for Arhor Day 000o 614.50 614.50 8.44 001 05103/21116 Participant Fee 4/11 6-4/30116 No (Moo 5.44 5.44 -1,131.54 (400 05/03/2010 2(116 Street Drainage & 1Jtilty No 11)1)1) 4..131.54 4,131.54 195.94 0.00 05/03/2016 Cell phones No (MOO 222,69 0.00 05/03/2016 Cell phones Nn 101111 Page 11) 7(+195()227.156 1(11--1 0-24(I1)--132 76195022 7- 156 ((4' 16 2O l o 101-43(1-3 100-432 10 Telephone 761950227-156 04. 1 6/ 2(116 101-450-5200-1321(1 Telephone 761950217-156 04'16/21116 11(1-410-I91(1-432111 Telephone 761950227-156 Total: SPRINT Total: ((4/16/2016 STILL\IL[) Stillwa(er1\lcdical Group 537783 (61!Oti?2016 101-420-2220-43050 Physicals 537783 Total: STILL\I(1) I'ESSNI.\N Tessnlan Company Corp 52 298 13-1 N 04/ i 2/2016 101-11(1-1940-44 3(10 Miscellaneous S 29813-IN "Total: 1 LSS1\IAN 1-o(al: 1"I \4ISI I `H1II)Iulesh C',tlhel'inc 04 13 ?0(6 206-450-5300-42500 Lihrary Colleelion 1\iaintcnance Total: 11li'I1l1/SI1 To(a1: IKDA TKOA, Inc. 002015002203 04;'11/2016 11(1-410-I930--13U30 Luginecr ng Services 00204500 00)70.3 'Total: O((2O 1 n001(122 04.11172016 602-405-9450-43031) Lneineetisl Services 0112016001022 "Total: IKDA Total: TiNIO9ll.E 1, :Mobile 047226005 04 1 1 /2016 601--11-I-r1.100-132111 Telephone 1nu)unl Ouanlily Pau Oak 99.88 1O3.6Q 15.02 687.12 087.12 0.0(1 05/03/2010 Ce}i phones 0.01) 05'03/2016 Cell phones 0.110 (15103/2016 Cell phones (1,1)11 (15/03/2016 Cell phones I84.1I0 0.00 ((5/03/2016 Physical - Hauser 1844)0 184.(11) 191.51) (1.1)(I 200.110 2i10.O0 I,016.4(I (15/03/2016 landscape for City Hall (15/1(3/2016 Honorarium for author (15/03/21116 Discover Crossing Bridge 1,016,40 664.40 0.0(1 05/03/2016 Lake Elmo Ave Sewer 664.40 1,68(1.80 71.57 05/03/2016 SC' DA line t1ce `I asi� I )'pc I'() 11 < loso I'( lI ,itly1') 51 No ()(I((() No No Nn Nu To 13e laid ['Fool. 1..i t {1)-( 28 16 - 1:54 PI\-[ ) Inr bale Amount {)►►<►[►tit\` I'nll I)ale liescrilrtia)n IZeI'erence 94 7226095 Total: 21.57 I3\II)1311.E "total: 21,57 1 t.)t:tl.Cii 1V 11►e `I't,t I Guy, LLC 1bt)S-4 (11i26.2016 101-43(1-3100- 1211)I) Small Tools Minor Equipment 1608,1 Total: LC0_11' -Fond: 14)\1'NC"1-IZl` Town & Country CIcaning Ct 316I $6 113R012016 20(i-150-5t00--I-II)I11 Rcpeirsi taint 131(1g 316186 "Petal: -I16375 0-11(11/2(116 206-450-53)10--I4011) Rcp;iirs/Nlain1431dg 416375 Total', 11'3 1628)) (13: 1 1 /2016 200-450-5300-44010 Rcpairs''Mnint Bldg W31625)) Total. TO\VNC 1'1Zl' `I'ola1: VLIZlZON Vernon \Virele.ss (1763626596 114; 1012(116 1II1--120-7220-4321a Telephone 976 3626596 Total: ZON 'Iolal: \VA511 3176 .1NS ifasllinglos( Conservation Dist. 04/I4/2016 143711 Conlerern 8/ 1'('aillin 3476 Total: \VAS! ICONS Total: 11'li1313ER Recreational Design Inc Webber 556 1)2/25/2016 =II)4-180-861111-452)1)) 13uildincs Structures 556 'fatal: \VEf313ER 'total; 1' To 13c 'root`L ( (t /25'I6- 1:54 PM) 11,00 05/03/201 6 Took 32.39 3 2. 3 O 370.00 I1.)))) 05/03/2016 Cleaning - Library March 370.00 3701))) 0.00 05/03/20I6 Cleamng 1 hra:y - April 370,1)0 275.00 f).00 05/03/2016 Clcal 275.00 1,015.00 35.111 i1,t10 05/03/2)116 Wireless charges 35.01 35,0I 6'25.00 0,00 ((5/03 /2O 16 625,00 625.00 23,371.25 (I.(0) 05.03/2010 Shelter - Pebble Park 23,371.25 23,371.25 gs Shared Ed Task No No No (1))I111 (1))))(I No nOnn No noun No 1111110 Page 12 Invoice 11 liale Amami' 0_tlatilily tint Dale descriplion Deference Signs & Graphics 2100 0-11 5,2010 500.1111 101_430-3100-42260 Sign Repair Nlaierials 21!:)(1 Totl: 500,00 \\TE11SEND rota': 590.00 \\lliNDT 1\7crith 4727,10 (1-427.'2)116 2.167.50 101-411)-111(1-443011 Mkccllulenrs 4/27110 04127.'2016 419,60 1111-4111-1110-443011 1\ liscellancous 4./27.10 'Total: 2,587.19 To0i1: 2,587.19 12.eport 106,75-1.07 04111 (15113/2016 Siems 14011 V1703/2010 Parlimeniariail Services 3.2 & 3.15,16 0.0(1 05/03;2010 Parlimentarion Services 4.19.16 Task 1)1re PO _ ,use l'Oline 011110 No Mall) IN() A p11 13, Proof (o_ii29! - 1:5-1 Accounts _Payable To Be Paicl Proof List - I .Iser: PattyB Prii1...(1: 04/28/2016 - 2:12 OM Batch: 009-04-20I6 Invoice 4 Ii 1)ate Amount (),nanlily Pni( Dale Description Reference Task Type I'(.) El Close 1)01,ilie t# DI/LTA Delta Dental 01' klinnesota 6463297 04/15/2016 690.55 0,00 05/03/2016 Miv premium No 0000 I 0 I -000-0000-21706 Medical Insurance 6463297 Total: 690,55 DELTA Told I: 690.55 LEASSOC Lake I-74nto Associates, 1..LP 05/0172016 2,461.00 0.00 05703/2016 May Rental No 0000 I 01-11 0-1940-44 I 20 I:entals - Building Total: 2,461.00 1.,1/ASSOC Total: 2,461,00 NCPI/RS 566200-NCPEIZS innesota 5662 )16 04/2212016 64,00 0.00 05/03/2016 May Premium No 1-000-0000-2 1708 Other Benefits 5662216 Total: 04.00 NCI) ERS Total: 64.00 RA 13OUIN RABOUIN, INC 04128/2016 2,500.00 0,00 05/03/20 I 6 May installment No 0000 I 01-410-1320-43 I Inl Assessing Services Total: 2,500.00 RA BO UIN Total: 2,500.00 Report 'filial: 5,715,55 Art - To Be • ',roof List (04/28/16 - 2:12 PM) Page 1 Ti IF CITY I _AKE FI dMO MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM #: AGENDA ITEM: New Single Family Horne Perinit Report SUBMITTED BY: Mike Bent, Building Official THROUGH: Mike Bent, Building Official REVIEWED BY: Kristina Handt, City Administrator 05/03/2016 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly permit report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT: Below is the year to date statistics through March 2016. Comparison data is also include from prior years for new home single family construction and total permitting activity. 2016 2015 2014 New homes 57 12 6 Total valuation S15,440,865 $5,058,976* $3,912,800 Average home value $270,892 $421,581 S652,133 Total Permit Valuation YTD $20,981,062" S7,747,769 $5,203,291 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the March 2016 monthly building permit report. *Please note that last month's year to date valuation listed for 2015 was incorrect. **Includes $4,830,000 for the ISD 916 project TILLCITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL COMMUNICATION DATE: CONSENT ITEM # Inwood Water Tower (No. 4) - Change Order No. 1 Chad Isakson, Project Engineer Kristina Handt, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director May 3, 2016 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): Questions from Council to Staff .......... ......... Mayor Facilitates Public Input, if Appropriate.. ...... ........................ ...... _Mayor Facilitates Call for Motion ........... ..... ................... ...... . ..... ................ Mayor & City Council Diseussion............. ..... ..................................................... Mayor & City Council Action on Motion ........ ........ ....... .................. ..... ..... ...... Mayor Facilitates POLICY RECOMMENDER: e FISCAL IMPACT: None. There is no change to the contract price for this change order. SUMMARY AND ACTION REQUESTED: 4 The City Council is respectfully requested to consider approving, as part of le consent agenda, Change Order No. 1 for the Inwood Water Tower (No. 4) lmprovemen s, thereby amending the construction contract to include SEH, Inc. as an additional insured party. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: This change order amends the construction contract with CBI (the water tower contractor) to require the contractor to include the Design Engineer, SEH, as an additional insured party under the Contractor's insurance policy, This is a standard requirement for public improvement projects and the change order corrects a contract language oversight. The Contractor's insurance policy already includes City of Lake Elmo and FOCUS Engineering as additional insured parties. -- page 1 -- City Council Meeting [Consent Agenda Item 4J May 3, 2016 RECOMMENDATION: Staff is recommending that the City Council approve, aspart o tIze consent agenda, Change Order No. 1 for the Inwood Water Tower (No. 4) Improvements, thereby amending the construction contract to require the Contractor, CBI, to add SEH, Inc. as an additional insured party. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Change Order No. I for the Inwood Water Tower (No. 4) Improvements." ATTACHMENT(S): . Cliarice Order No. 1 -- page 2 -- CONTRACT CHANGE ORDER FORM CITY OFLAKE ELM[�M|yWPJESOTA |NVVCJODWATER TOWER (N[).4) PROJECT NO. 201S'130 F*&Cn nS ENGINEERING, inc. CHANGE ORDER NO. 1 DATE: April 8,2016 TO; CB&I Inc., 14109 S. Route 59, Plainfield, IL 60544 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified osfollows upon execution ofthis Change Order, CHANGE ORDER DESCRIPTION /JUSTIFICATION: Modify contract documents 00 73 00 - Supplementary Conditions, Paragraph 5.04 C, 5, c: Add SEH, Inc as additional insured. Attachments (list documents supporting change): None ITEM DESCRIPTION OPPAY ITEM C01-1 N/A UN[[ CITY UNITE PRICE INCREASE/(DECREASE)/ ' ( Amount ofOriginal Contract Sum o[Additions/Deductions approved todate (CO Nos. Contract Amount todate Amount ofthis Change Order (40,D) (DEDUCT) (NO CHANGE) Revised Contract Amount The Contract Period for Completion will be (UNCHANGED) APPROVED 8YENGINEER: 5EH,(nc swGImps DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY 4/25/2016 FOCUS Engineering, inc. � i | NET CONTRACT CHANGE $0.08 ) BY BY $ 2,395,000.00 $ 0.00 $ I'395`000.00 � 0.00 � 2,395'000.00 O days CHANGE ORDER FORM IN CITY OF KE ELMO AYOR & COU CO UNIPAPQN. DATE: May 3, 2016 CONSENT ITEM #5 AGENDA ITEM: Approve Lawful Gambling Premises Permit for Catholic Parent's Club SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Kristina Handt, City Administrator REVIEWED BY: City Attorney's Office POLICY RECOMMENDER: City Clerk FISCAL IMPACT: City will receive 10% of net proceeds of the gambling operation. SUMMARY AND ACTION REQUESTED: Catholic Parents Club is applying for a premises permit to conduct pull tab sales from a staffed booth in the bar area of the Machine Shed Restaurant in Lake Elmo. The Council approved a premises permit at the April 19, 2016 meeting for the Oakdale Athletic Association to conduct pull tab sales at the Machine Shed but has not taken action on this application. Catholic Parents Club has not withdrawn its application and, therefore, the Council must take action within 90 days to approve or deny it. The City Attorney has indicated that the premises permit is issued by the State, with a condition precedent for issuance being City approval. The application to the State also requires a copy of the lease with the Machine Shed, so it will need to work out that detail with Catholic Parents Club if it chooses to only allow Oakdale Athletic Association to sell pull tabs. In order for the application to be considered by the Gambling Control Board, the City must pass a Resolution approving the application. The Gambling Control Board will then review the application and supporting materials and approve or deny the application. The applicant will then be required, per City ordinance, to provide additional documentation to the City prior to beginning operations. RECOMMENDATION: If removed from the Consent Agenda, staff recommends the follow inmotion: "Motion to adopt Resolution 2016-26 Approving the Lawful Gambling Premises Permit for Catholic Parents Club to conduct lawful gambling at the Machine Shed Restaurant located at 8515 Hudson Road, Lake Elmo, Minnesota." -- page CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2016-26 A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE CATHOLIC PARENTS CLUB TO CONDUCT LAWFUL GAMBLING AT THE MACHINE SHED RESTAURANT LOCATED AT 8511 HUDSON ROAD, LAKE ELMO, MINNESOTA WHEREAS, the Catholic Parents Club is submitting an application to the Minnesota Gambling Control Board for approval of a Premises Permit application to conduct lawful charitable gambling at the Machine Shed Restaurant at 8511 Hudson Road, Lake Elmo, MN; and WHEREAS, the gambling premises is located within the City limits of Lake Elmo, Minnesota; and and WHEREAS, the Catholic Parents Club is a lawful gambling organization within the City; WHEREAS, the Catholic Parents Club will be responsible for operating and managing the lawful gambling activity at the Machine Shed Restaurant site and will comply with all applicable requirements of city code and state statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota that the City Council does hereby approve the issuance of a Premises Permit to the Catholic Parents Club to conduct lawful charitable gambling activities at the Machine Shed Restaurant, 8511 Hudson Boulevard, Lake Elrno, Minnesota. Adopted by the City Council of the City of Lake Elmo, Minnesota this 3 day of May, 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk 477630vI ANIR LA515-1 IRREVOCABLE LETTER OF CREDIT TO: City ofLake Elmo Dear Sir nrMadam: VVehereby issue, for the account uf (Name ofDeveloper) 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. 2 The draft must: a) Bear the clause, "Drawn under Letter ofCredit No. .dated .2 .of 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, This Letter ofCredit 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 Novembar8O of each year), the Bank de|kmm 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 ifsent bycertified moi|, postage prepaid, and deposited /n the U.S. Mail, atleast 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 utleast thirty(30) days prior tothe renewal date. This Letter ofCredit sots knfh 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 ofCredit is not assignable. This is not a Notation Letter ofCredit. 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 Cuuyonoc and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Its KEYI|2/lj,12O\j 26 EXHIBIT "A" TO DEVELOPMENT CONTRACT City Payment for Utility Oversizing PROJECT NAME: Inwood - 0veisizin Costs PROJECT LOCATION: Lake Elmo, MN CARLSON MCCAIN PROJECT NO.: 5172-00 OWNER: MI Homes DATE: 4/25/16 BY: HO OVERSIZING (PRICES ARE THE DIFFERENCE T3EWTWEEN 1,2 AND S INCI I) ltemNo. Quantity Unit Description I Linn Price Amount. 1 '186 L.F. 12" PVC SDR 35 12-14' xv, Sand Bedding, S 6.00 $ 1.116.00 2 270 L.F. 112" PVC SDR 35 14-16' WI Sand Bedding S 6.00 S 1,320.00 3 8 L.F. 11.2" PVC SDR 35 16-18' w/ Sand Bedding $ 6.00 $ 48.00 4 20 L.F. 12" DIP Cl. 52 10-12' $ 10.00 $ 200.00 5 1 FA 12." Plug $ 85.00 $ 85.00 _ 6 450 L.F. 12" DIP CI., 52 $ 15.00 S 6,750.00 7 1 EA 12" Gate Valve & Box $ 1,150.00 S 1,150.00 8 780 Lbs DI Fittings (difference between 12 and X) S 2.80 $ 2,184,00 -------------„1 ---T-rTT-:-----.I------------J TOTAL '.,-,'.!..-,77::-:'-:;;;..,:.1 $ 12,853,00 REV2: 12/15/2015 25 CONTRACT PURCHASER CONSENT DEVELOPMENT CONTRACT TO . which/who has o contract purchaser's interest in all or part of the subject prnperty. the development of which is governed by the foregoing Development Conknaot, hereby affirms and consents to the provisions thereof and ogneoS to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this day of 2016, STATE OFM|NNESOTA (na COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by NOTARY PUBLIC DRAFTED BY: City ofLake E|nm 3VOULaverne Avenue North Lake Elmo, MN 55042 KEYIl2/|5/20|J 24 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , 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 force and effect even if it forecloses on its mortgage. Dated this day of , 2 STATE OF MINNESOTA (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2 , by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REV2: 12/15/2015 FEE OWNER CONSENT DEVELOPMENT CONTRACT TO Inwood 10. LLC, fee owners of all or part ofthe subject property, the development nfwhich is governed by the foregoing Development Contract, mMinn and cVnnurd in the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by Dated this day of .2015. STATE OFM|NNESOTA (ss� COUNTY OF The foregoing instrument was acknowledged before me this day of , 2016, by NOTARY PUBLIC DRAFTED BY: City ofLake Elmo J0O0Laverne Avenue North Lake Elmo, MN 55042 KEv2: 12/152015 AND BY: Its STATE OF MINNESOTA COUNTY OF WASHINGTON Julie Johnson, City Clerk The foregoing instrument was acknowledged before me this day of . 2016, by 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[N|NNESOTA \ (ss. COUNTY OF \ The foregoing instrument was acknowledged bafnna me this of NOTARY PUBLIC DRAFTED BY: City ofLake Elmo 380OLaverne Avenue North Lake Elmo, MN 55042 (651)747-8301 nEv2:12/1�/2015 day the of following address: Hann Hagen Homns, 941 NE Hi|kwind Rond, Suite3OO. Fridley, MN 55432. NnUnmsto 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 Bnno City HaU, 3800 Laverne Avenue N. Lake B,nn, Minnesota 55042. 30. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an ottornmy's bUo opinion or title insurance policy dated not earlier than thirty (3U)days prior hothe execution ofthe plat. nEv2:12/15/20|5 CITY OF LAKE ELK8O 20 Mike Pearson, Mayor City, and (5) the public improvements are accepted bvthe City Engineer and City Council. F. At no point may the Security be reduced below twenty-five percent (25%) of the original security amount until: /1\the warranty period has expired, (2) all improvements have been fully completed and excepted by the City, including all corrective work and identified punch list items, and (3) all financial obligations tmthe City have been satisfied. G. |naddition 1nthe above project nni|eatonobaoodsenurityreductions.theDevu|oper 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 spenificationa, and terms of this Agremrnent, 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 toexceed fifty percent (5O%)ofthe initial security amounts. H. It is the intention of the parties that the City at all dnnea have available to it n Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreernent, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contnary, all requests by the Developer for a reduction or release of the Letter ofCredit shall be evaluated by the City in light ofthat principle. 36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge /SAC\ $201.000 Water Availability Charge (JVAC) $201.000 Park Dedication N/A Street Light Operating Fee $1.518 City Base Map Upgrading $1.125 City Engineering Administration Eunnovv $50.000 TOTAL CASH REQUIREMENTS $454.643 37, NOTICES. Required notices tothe Developer shall be in vvrbino, and shall be either hand delivered tothe Developer, its employees Vragents, nrmailed to the Developer by certified mail atthe KGv2:12/)5£0)� 19 bmused tocure the default. 30. 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 spanifications, and terms of this Agrnennont, and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the security aafollows: A. Upon completion of grading operaUons, including temporary site reatnrabnn. Developer shall submit an as -built grading survey to the City that ata minimum establishes the as -built grades at all lot corners and downstream drainage conveyance systems and storm water ponds. Upon inspection of the site and approval of the as -built survey, 100%. or $0.00. of the grading security may be released. This security reduction does not include amounts related to erosion and sedimentation control. B. Up to 75% of the security provided in accordance with paragraph 34 may be released upon completion of the f0|/ovvinO key milestones of the project as determined by the City Engineer. C. Construction Categories 2 and 3: The amount of $550'013 may be released when all sanitary sewer and vvatennain utilities have been instaUed, all testing and televising has been successfully oonnp|ebad, sanitary sewer as -built inverts have been verified, and the utilities are considered ready for use bythe City Engineer. O. Construction Categories 4 and 5: The amount of$7U8,402 may be na|wonod when all streets and storm sewer have been installed and tmsted, 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 including verification of storm sewer as -built inverts, but not including the final wear course, E. Construction Categories 6'17: The amount of$27Q.Q38 may be released when all remaining Developer's obligations under this Agreement have been completed including: (1) bituminous wear course, /2\ street lighting and private utilities, (3)sidewalks and trails, (4) b|o retention facilities, (5) iron monuments for lot corners have been installed, (3) all financial obligations tothe City satisfied, (4) the required "record" plans in the form of the City standards have been received and approved by the 1. Grading N/A 2. Sanitary Sewer $227.278 $348.598 3 VVehsnnain $315.803 $394.754 4. Storm Sewer (includes pond structures and $254.543 $318.179 outfaUpipon) 5. Streets $501.150 $628.458 0. Trails/Sidewalks 7. Surface Water Facilities (infiltration basins, Included inGrading Agreement bio retention basins, rain gardens, etc.) R. Street Lighting $48.000 $60.000 0. Street Signs andTrafficContro| Signs $7.010 $8.703 10. Private Utilities (e| . natural gas, Installation to be coordinated by the telephone and cable) Developer 11, Landscaping 8151.500 $189.375 12. Tree Preservation and Restoration Included inGrading Agreement 13. Wetland Mitigation and Buffers N/4 14. Monuments $6.800 $8.500 15. Erosion and Sedimentation Control Included inGrading Agreement 15. Miscellaneous Facilities N/A 17. Developer's Record Drawings $5,000 $6.250 CONSTRUCTION SUBTOTAL $1,647,374 NIA TOTAL PROJECT SECURITIES (at 125% @/A $ 2'O58'21B Construction Costs) This breakdown }ofor historical reference; itianot orestriction onthe use ofthe security. The bank shall bo subject to the approval of the City Administrator. The City may draw down the secuh{y, without notica, 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 dovvn, the proceeds shall City to enforce the terms of this Agreement against the Developer, byaction for specific performance or da[naQea, or both, or bvany 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 ofdefault by the Developer, the City may commence legal action to recover all danneOeo. losses and expenses sustained by the City; and that such expenses may indud8, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement Vfthis Agreement. 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant tothis Contract against poor material and faulty workmanship. The Developer shall submit letter of credit for twenty-five percent /25%\ of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B� The required warranty period for all work relating to street construcMon, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject toone /1\ywar from the date of final written acceptanma, unless the wearing course is placed during the same construction season an the bituminous beam course. In those instances, the Developer shall guarantee all vvork, including street construction, concrete curb and guMer, sidewalks and trails, material and equipment for a period oftwo (2) years from the date nf final written City acceptance ofthe work. C� The required warranty period for sod, trees, and landscaping is two growing seasons following installation. 35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the tmrnnn of this agnaonnmnt, payment of special aooessnnents, payment of the coats of all public innpnovennen(s, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of nredit, in the form attached hereto. from 8 bank, cash escrow ora combination cash escrow and Letter of Credit ("soourKy'') for $2'Q59.21G.The amount ofthe security was calculated asfollows: CONSTRUCTION CATEGORY: K[v2:|2/15/2015 16 COST 125% deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,povvernr remedy. J. The Developer represents to the City that the plat complies with all city, county, nnetnopoliten, state, and federal laws and regulaMonn, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. |fthe City determines that the plat does not comply, the City may, at its option, refuse boallow construction V[development work in the plat uDh| the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of [)etau|Y' shall mean, whenever it is used in this Aoreennent, anyone or more of the following events: A. Subject to unavoidable de|eyo, failure by Developer to commence and complete construction ofthe Public Improvements pursuant tothe terms, conditions and limitations ofthis Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation Vragreement onits part tobeobserved orperformed under this Agreement. 32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the Cdy, subject to any rights ofthird parties agreed tobythe City pursuant tothis Agreement, orotherwise bywritten, executed instrument pfthe City, may take any one ormore ofthe following: A. The City may suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City tnwithhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative ocfion, as is necessary for the City to secure performance of any provision ofthis agreement or recover any amounts due under this Agreement from Dove|oper, or immediately draw on the Letter of Credit, as net forth in this Agreement. 33. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the six (S) 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 nho|| be not |eon 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 o combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the po|icy, and the Developer shall file with the City certificate evidencing cnvonsgn prior to the City signing the plat. The certificate shall provide that the City must be given thirty(3O) days advance written notice ofthe cancellation Vfthe insurance. E. Third parties shall have norecourse against the City under this Contract. F. If any portion, section, nubsaction, nentence, c|euao, paragraph, or phrase of this Contract is for any reason held invo|id, such decision shall not affect the validity of the remaining portion of this CnntnsnL 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 nhuU be in writinQ, signed by the parties and approved by written resolution of the City Council, The Cit/ntei|una to promptly take legal action to enforce this Contract shall not be a waiver orrelease. H. This Contract shall run with the land and may be recorded against the Ut|o to the property. The Developer covenants with the Cky, its successors and asnigns, that the Developer has fee title to the property being final platted and/or has obtained consents tothis Contract, inthe form attached hernto, 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 Vfthe foregoing covenants. |, Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or rennedy, express or innp|ied, 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 no existing may be exercised from time totime as often and in such order as may be A. City payments pursuant tothis Contract shall be: $12.853.00 29. SPECIAL PROVISIONS. The fnUnvvng special provisions shall apply to plat development: A. Implementation of the recommendations listed in the March 1O.2O1G Engineering memorandum. B. After the City signs the final plat and the plat is reoorded, and before building permits are issued, the Developer shall convey (]ut|oteC. [}. and E to the City bywarranty deed, free and clear of any and all encumbrances. These areas represent storm water infiltration basins or land to be used for park purposes. C. The Developer must obtain a sign permit from the City Planning Department prior to installation nfany subdivision identification signs. 30. 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 h/U force and effect even if the Developer sells one ormore lots, the entire plat, orany part ofit. B. Retaining walls that require o building permit shall be constructed in accordance with plans and specifications prepared by a structural or ge0hachnica| engineer licensed by the State of Minnesota. Following ConstrucUnn, o certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining vva|| was constructed in accordance with the approved plans and specifications. All retaining vva||a 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 vve|| is required to be built. C. Appropriate legal documents regarding Homeowner Association Uoourn*nts, covenants and /*stricUonn, an approved by the City Attorney, shall be filed with the final p|oL No third - party beneficiary ishereby conferred. U. Developer shall take out and maintain orcause tn be taken out and maintained until preparation of this Contract, review of construction plans and doounnents, 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 befully paid prior to execution and release ofthe final plat for recording. C. The Developer shall hold the City and its offioers, ennp|nyees, and agents harmless from claims made bvitself 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 oostn, derna8os, or expenses which the City may pay or incur in consequence of such doinnp. ino|udingat1nnneyo'feoo. D. The Developer shall reimburse the City for costs incurred in the enforcement ofthis Contract, including reasonable engineering and aftorneys`feoa. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is ottaohed, all special assessments ne&srnad to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more |0tn, the entire plat, orany part ofit. 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(3O) days shall be assessed o late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will provide copies ofdetailed invoices ofthe work performed. 28. CITY PAYMENTS. In the event City payments are required by Section 28.Abn|ovv. within thirty (30) days of the City's final acceptance of the Improvements, pursuant toSection 2O0f the Contract, but only if the Developer is not in default to this Contract, the City shall pay to the Developer the sums set forth inthe attachment to this Contract as Exhibit A. The actual amount of the reimbursement shall be based on actual construction costs which will be verified by the Developer to the City in the Record Plans submitted tothe City anrequired inSection 2O. This payment bythe City shall bethe City'sonly responsibility with regard to construction of the Improvements and in no case shall act as a waiver of any other right ofthe City under this Contract orunder applicable |avvu, ordinances or rules. KEv2:/2x15/2015 O. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the Chv, shall be grounds for denial of building permits and/or withholding of other pennits, inspection or actions, including lots sold to third portioa, and the halting of all work in the p|8L E� 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, [}ovm|oper, its corkrGctors, subcontractors, rneteria|rnen, employees, agentn, or third parties. F. 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 Engineer. G. The City will not issue o certificate ofoccupancy for any building constructed on any lot or parcel in the Plat until Public sewer and water, curbing, and one lift of asphalt is installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as - constructed grading must be on file at the City for the development phase. 27. RESPONSIBILITY FOR COSTS. A. |nthe event that the City receives claims from labor, materialmen.mothers that work required by this Contract has been performed, the sums due them have not been paid, and the |aboruns, nnatoho|nnmn, or others are seeking payment from the City, the Developer hereby authorizes the City to oonornenma an |ntorp|ender 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 ofthe doinn(s) and deposit the funds in compliance with the Ru|e, and upon such deposit, the Developer shall ma|eaoe, discharge, and dismiss the City from any further proceedings as itpertains tnthe letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine aftorneys'fees pursuant to this Contract. B. Except anotherwise specified herein. the Developer shall pay all costs incurred by it or the City in conjunction with the development ofthe p|at, including but not limited to |ego|, p|onning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the uGV2 12/15/2015 I $201`000.00 In edditinn, a sewer connection charge in the amount of$1.00O.O0 per REU, a Mot Council sewer availability charge in the amount of$2.485.O0 per F<EU' and awater connection charge in the amount of $1.000.00per F<EUwill be collected bythe City atthe time the building permit iSissued for each lot. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included an part of the public street innprVvonnenba, and the installation costs shall be included in the street construction calculations, 24. STREET LIGHTS. The Developer is responsible for the coat ofstreet light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post m security for street light installation consistent with the approved plan. The required security is $48,000 and consist of eight (8) decorative acorn lights at $6.O00each. The Developer shall also pay $1.518inpayment ofthe first year operating costs for street lights. 25. WETLAND MITIGATION. The Developer shall rnnnp|cto wetland mitigation/restoration 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 is unsuccessful the City may draw down the security at any time during the vvornsnh/ period if the Developer fails to take corrective measures to be used by the City to perform the work, 26. BUILDING PERM ITS/CE RTXFICATES OF OCCUPANCY, A. Public sewer and water, oudbing, and one |Ut of asphalt shall be installed on all public and private streets prior to issuance of any building pennitn, except one model home on e lot acceptable to the Planning Director. B. Prior to issuance of building permits, wetland buffer monuments shall he placed in accordance with the Cih/'s zoning ordinance, The monument design ohoU be approved by the Community Development Department. C. Written certification ofthe as -constructed grading must bennfile et the City for the block where the building is to be located. the development. At a nnininnunn' 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. OWNERSHIP OF IMPROVEMENTS. Upon cnnnp|uUon of the work and construction required by this Contnact, the improvements lying within public easements nhn|| become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the City with n complete set of reproducible "reoord" p|ann, on electronic h|o of the "record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the 6u||ovving affidavits: -Developer/Developer Engineer's Certificate - Land Surveyor's Certificate certifying that all construction has been completed in ocoonJonoe with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of "record plans" and affWevitn, and upon navinvv and verification by the City Engineer, the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer has previously satisfied pork dedication requirements for all the areas to be platted within the Inwood Preliminary Plat as part of the |nVVoVd Development Contract. Nofees inlieu ofland dedication are required for the plat. 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges NVAC\ with respect to the |nnpromarnmnta required by the City and any state ormetropolitan government agency. The sewer availability charge (SAC) in the amount of $3.000.00 per FlEU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer in $201.000.00. The vvetor availability charge NVAC> 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 and d\ top and bottom of retaining walls. B� The City will not issue any building permits until the approved certified record grading plan |oonfile with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sevvorn, sanitary nevvers, vvoternnoin, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "D" The plan shall conform to the Qty'a Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous ntreets, oidewa|ks, boulevards gnaded, street signs insta||nd, and all restoration work unthe site shall be completed in accordance with the approved plans. Once the work is cnnnp|oted, the developer or its representative shall submit written naquae( to the City asking for an inspection of the initial improvements. The City will then schedule e walk- through to create a punch list of outstanding itonno 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 vvSor course shall be installed in accordance with paragraph 12above. 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 when streets become innpasnab|e, 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 Developer's operation. The Developer may naquest, in vvhdng. that the City keep the otnanta open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City ahe|| not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City, The Developer shall contract for street cleaning within and immediately adjacent to K6V2:12/15/2015 must comply with the approved plans and specifications for the plad, with all watershed district pemnko 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 Vfany proposed action, but failure Of the City to do so will not affect the Developer's and Ci\y'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 deve|opnuent, utility nrstreet construction will be allowed and no building permits will be issued unless the plat in 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'n building permit requinarnents, 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 nubnniMo| of the ao'const/uctedgnading plan. A. Within thirty (30) days after completion of the grading, the Developer shall provide the City with e "record" grading plan certified by a registered land surveyor or engineer that all pondn, ovva|en, and ditches have been constructed on public easements or land owned bythe City. The "record" pion shall contain site grades and field verified elevations of the following: o) cross sections of ponds; b\ location and elevations along all nvva|es, emergency nverf|ovvs, vveUonda, wetland mitigation areas if any. ditches, locations and dimensions of borrowenyas/stockpi|es; c\ |o( corner elevations and house pads; K5Y2:12/15c2015 7 F. Wetland Mitigation: . Board of Water and Soil Resources, WCA G. Construction Devvakahnq: ° Minnesota Department ofNatural Resources 12. TIME OF PERFORMANCE' The Developer shall install all required public improvements by October 31. 2016. with the exception of the final wear course of asphalt on streets. The Developer shall install the bituminous wearing course of streets after the find course has weathered a winter nnasnn, conoistmn1with vvorrenh/ nequinennenbn, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, hovvover, request an extension of time from the City. If an extension is Onanted, 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 ofthe City Engineer, 13' LICENSE. The Developer hereby grants the City, its agents, ennp|oyees, 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 construotion, and street construction is restricted to access the subdivision via Island Trail from 5th Street. No construction traffic is pemn/Mod 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 15. 17nnd 18. 16' EROSION CONTROL. Prior to initiating site gnading, the erosion control plan, Plan B. shall be implemented by the Developer and inspected and approved by the City. Erosion control pnaoUnen REV2:12/15/2015 h The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management ofthe 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 Qty'n governmental authori1y, and no agency or joint venture relationship between the City and the Developer in thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission nnennbnrs, and oorporadonn, partnenships, and other entities in which such individuals have greater than a 25Y& ownership interest or in which they are an officer or director may not 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-of4WuyExcavations and Obstructions: ° City ofLake E|nnn, Right -of -Way Utility Installation(s) ~ City ofLake Elmo, Right-of-VVayObotruction/n\ ~ Washington County, Utility Installations(s) ° Washington County, Street orDriveway Acceos(n) ° Minnesota Department ofTransportation, Utility Installation ° Minnesota Department ofTransportation, RiQht'of-WayPermit B. VVatennain Extensions: . Minnesota Department of Health C. Sanitary Sewer Extensions,: ~ Minnesota Pollution Control Agency ~ Metropolitan Council Environmental Services D. StornlvvuhorMenauennen¢ . Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: ° Minnesota Pollution Control Agency, General NPQESStomnvvotarPermit SWPPP (Stormwater Pollution Prevention Plan) DEr2:12/15/20D 5 and the Developer's contractor. The Developer Vrhis engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Hall with all parties oQnoennnd, including the City etoff, to review the program for the construction work. 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 nn3toha|n 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 53. 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 onrrovv 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 aoneptanoe, project monitoring during the warranty perind, and processing of requests for reduction in security. Construction observation may be performed by the City'n in-house staff orconsulting engineer. Construction observation shall ino|ude, at the discretion of the dty, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis. KEY2:12/15/20/5 4 Plan C-Tree Preservation and Reforestation Plan Plan D-Plans and Specifications for Public Improvements Plan E ' Street Lighting Plan Plan Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. VVatmnnain D. Surface Water Facilities (pipe.ponds, rain gardens, otc) E. Grading and Erosion Control F� Sidevvo|kn/Trails G. Street Lighting K Underground Utilities \. Street Signs and Traffic Control Signs J. Landscaping K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M, Monuments Required byMinnesota Statutes N. Miscellaneous Facilities The improvements shall be installed in accordance with the City subdivision ordinance and the Chvs 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 competent naQintenad 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 approved City standards as a condition of City acceptance. In addition, the City may, at the Qty'o discretion and at the Developer's expenme, have one ormore City inspectors and a sail engineer inspect the work on o full or part-time basis. The Developer's engineer nh8|| provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer nEv2:12/15/2015 parties and filed with the City Clerk, 2)the necessary security has been received by the City, 3\the plat has been namzn1ed with the Washington County Recorder's Office, and 4\ the Cdx's Planning Director has issued a letter that all conditions have been oadsfied, a pnaconstrucMon conference has been he|d, and that the Developer may proceed. 4. PHASED DEVELOPMENT. If the plat is a phase of multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Cnrdnan( 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 vvehar referred to in this Contract are not being imposed on ouUotn, 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 out|ots are final platted into lots and blocks. 5. PRELIMINARY F»LAJF STATUS. If the plat is a phase of multi -phased preliminary p|ot, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and b|ocks, nctouUots. within eight /8\years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two /2\ years from the date of this Contro(t, 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 |avv or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the cpnhmry, to the full extent permitted by state |exv. the City may require compliance with any amendments to the City'o Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed inaccordance with the following plans and at the Developer's sole expense. The plans shall not be attached to this Contract. If the plans vary from the written turnna of this Controct, the written terms shall control. The plans are: Plan A' Plat Plan B'Final Grading, Drainage, and Erosion Control Plan (r,m"rx.1b,rcmxotW i?jlb,m"x"* DEVELOP������l7 �*�����7 �� x�'u��� n ����`� TRACT n(Public sewer and water) �� &m�&� �� � """w==�� � '�ddytion AGREEMENT dated . 3018. by and between the CITY OF LAKE ELYNCJ o Minnesota municipal corporation ("Ckv^). and NK| Homes nfK4innaapo|is/S1. Paul, LLC, a Delaware limited liability company (the "Developer"). 1 REQUEST FOR PLAJ' APPROVAL. The Developer has asked the City kzapprove a plat for InWood Third Addition (referred to in this Contract as the "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described as: Outlot J, InWood. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contnect, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat orland tn be platted, the Developer may not grade or otherwise disturb the earth, remove tnoes, construct sewer lines, water |ineo, a(roeto, uV|dioo, public or private imprnvennents, or any buildings until all the following conditions have been satisfied: 1\thin agreement has been fully executed by both KEvI\2/|5/2VD CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-33 A RESOLUTION APPROVING A DEVELOPER'S AGREEMENT FOR THE INWOOD 31u) PLANNED UNIT DEVELOPMENT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existii under the laws of the State of Minnesota; and WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN ("applicant") has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for InWood 3rd Addition; and WHEREAS, the Lake Elmo City Council considered and approved the InWood PUD General. Concept Plan on September 16, 2014; and WHEREAS, the Lake Elmo City Council approved the InWood Preliminary Plat and Preliminary PUD Plan on December 2, 2014; and WHEREAS, the Lake Elmo City Council adopted Resolution 2016-34 on April 19, 2019 approving the Final Plat and Final. PUD for InWood 3'1Addition; and WHEREAS, a condition of approval of said Resolution 2016- , 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 April 19, 2016 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer's Agreement for lnWood 3rdAddition and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 3rd clay of May, 2016 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk City Council Meeting [Consent Agenda Item 6/ May 3, 2016 Weaknesses: The City will assume responsibility for future maintenance of the public improvements, Opportunities: The proposed improvements will provide for infrastructure connections to adjacent properties. Threats: The City will need to provide construction observation throughout the course of the project (these costs will be covered under an Engineering Administration Escrow). RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City Council approve the Developer's Agreement for InWood ri Addition as amended and that the Council direct the Mayor and Staff to execute this document. The suggested motion to adopt the Staff recommendation is as follows: "Move to adopt Resolution 2016-33 approving the developer's agreeinentfor In Wood 3'd Addition" ATTACHMENTS: I. Resolution 2016-33 2. InWood 3rd Addition Developer's Agreement — 4.27.16 -- page 3 -- City Council Meeting [Consent Agenda item 6] May 3, 2016 SUMMARY AND ACTION REOUESTED: The City Council is being asked to authorize execution of a developer's agreement as amended, for the third phase of the InWood Planned Unit Development. The attached agreement has been reviewed by the City Staff, and all recommend changes specific to the InWood 3'1 Addition project have been incorporated into the document as drafted. This agreement must be executed before any construction activity, outside of the previously authorized grading work, may proceed on the site. The recommended motion to take action on the request is as follows: "Move to adopt Resolution 2016-33 approving the developer's agreement for In Wood 3"I Addition" SUMMARY OF AGREEMENT: One of the conditions attached to the resolution approving the InWood Final Plat and Plan specifies that the developer enter into a Developer's Agreement prior to the execution of the plat by City officials. Staff has drafted such an agreement consistent with the City's developer's agreement master template, and this document is attached for consideration by the City Council. The key aspects of the agreement include the following components: That all improvements to be completed by October 31, 2016. That the developer provide a letter of credit in the amount of S2,059,218 related to the cost of the proposed improvements. That the developer provide a cash deposit of $454,643 for SAC and WAC charges, engineering administration, one year of street light- operating costs and other City fees. The Developer will receive a credit payment related to the oversizing of water main. The developer is installing an oversized 12-inch pipe in order to accommodate the City's broader water system. The oversizing payment amount had been reviewed by the City Engineer and is $12,853. This payment would be made to the developer once all of the public improvements for the subdivision have been accepted by the City. The City Engineer has construction plans for the project, however, the landscaping and irrigation plans have not yet been approved and no building ,permits will be issued until these items are complete, consistent with the Final Plat and PUD approval. BACKGROUND INFORMATION (SWOT): Strengths: The developer's agreement has been drafted to guarantee that the improvements associated with the InWood 3rd Addition development plans will installed in accordance with City specifications. Execution of the developer's agreement and compliance with all conditions in the agreement will allow the developer to record the Final Plat. -- page 2 -- ri 11', CI FY )1' K E F LMO AYOR & COUNCIL COMMUNICATION DATE: 5/3/16 CONSENT ITEM # 6 RESOLUTION 2016-33 AGENDA ITEM: InWood ri Addition Developer's Agreement -AMENDED SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsala, City Attorney Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item Development Director Report/Presentation........ ........ ..............Community Development Director Questions from Council lo Staff .......................... ....... Mayor Facilitates Call for Motion ....... ...... ..................................... ..... ...... Mayor & City Council Discussion. ..... ..... ...... ............ Mayor & City Council Action on Motion Mayor Facilitates POLICY RECCOMENDER: Staff is recommending that the City Council approve a developer's agreement associated with the third phase of the InWood development. The Developer is requesting the amended Agreement due to allow credit for watennain and sanitary sewer oversizing and to correct the allowed time to fully develop the site from two years to eight as was approved with the first phase developers agreement. FISCAL IMPACT Direct Payments to Developer: The agreement includes watennain and sanitary sewer oversizing in the payment amount of $12,853. This payment would be made out of the utility funds to the developer once the City accepts all of the public improvements. Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after three years), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. -- page 1 -- TI IF. CITY OF LAKE ELMO MAYOR AND COLTNCIL COMMUNICATION DATE: CONSENT ITEM #: AGENDA ITEM: 2017 Budget Key Dates SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Kristina Handt, City Administrator 05/03/2016 7 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the proposed 2017 budget key dates for planning purposes. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF' REPORT: Below are key dates to note for the 2017 budget preparation calendar: 5/11/16 — 5 year proposed CIP plan to be presented to the Finance Committee 7/13/16 — Proposed 2017 budgets (all funds) to be presented to the Finance Committee 7/20/16 — Workshop with City Council to present the proposed 2017 budgets 8/23/16 — 2nd Budget workshdp (if needed) 9/6/16 — Proposed budget to City Council for adoption for preliminary certification of the General Fund Budget to the County 9/15/16 — Preliminary Certification due to Washington County 12/6/16 — Final Budget and Levy determination (Public Hearing); also referred to as "TNT hearing" 12/28/16 — Final Levy Certification due to Washington County RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the proposed schedule related to the 2017 Budget process. CITY OF LAKE ELM() MAYOR AND COUNCIL COMMUNICATION. DATE: May 3, 2016 CONSENT ITEM #: MOTION AGENDA ITEM: Kevin Magnuson LLC Engagement Letter SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The Council previously met with Kevin Magnuson regarding a potential litigation matter. ISSUE BEFORE COUNCIL: Should the Council engage Kevin Magnuson LLC for services as outlined in the scope of work? PROPOSAL DETAILS/ANALYSIS. A copy of the engagement letter, scope of work and standard client billing policy is included in your packet. It has also been reviewed by the City's legal counsel. FISCAL IMPACT: Fee is $200/hour OPTIONS: 1) Approve Kevin Magnuson LLC Engagement Letter 2) Amend and then approve Kevin Magnuson Engagement Letter 3) Do not approve an engagement letter with Kevin Magnuson LLC RECOMMENDATION: Option 1 KEVIN M. MAGNUSON, LLC 3047 KLONDIKE AVE. N., LAKE ELMO, MN 55042 April 28, 2016 Lake Elmo City Council c/o Ms. Kristina Handt City Administrator 3800 Laverne Ave. N. Lake Elmo, MN 55042 VIA EMAIL: khandt(idakeekno.org Re: Lake Elmo City Litigation Support and Resolution of Claims Dear Lake Elmo City Councilmembers: Thank you for selecting KEVIN M. MAGNUSON, LLC (the "Finn") to represent you in the above -referenced rnatter. I appreciate the opportunity to serve you. This letter and the enclosure describe the terms of our agreement. The Finn agrees to represent the City of Lake Elmo ("Lake Elmo" or "you") for the purpose of advising you regarding matters related to certain claims for damages you may have as defined in the enclosed Scope of Work and Standard Client Billing, Policy (the "Policy"). This representation may include but is not limited to factual investigation, legal research, verbal or written advice or opinions related to procedural and substantive issues that have arisen or may arise involving past litigation or current claims for damages, mediation and direct or indirect communication with representatives of adverse parties consistent with the Scope of Work. The Firm does not represent you in any other matters, related or otherwise. You and the Firm unilaterally may terminate the Firm's representation at any time for any reason. You and the Firm also agree that Lake Elmo may seek to retain Magnuson and Kelley, Wolter & Scott, P.A. under a separate engagement to represent you in the above referenced matter for services included in or that exceed the Scope of Work. The Policy and the Scope of Work are incorporated as a part of the terms of our engagement. The Policy, Scope of Work and this letter comprise the 'Finns entire legal services agreement with you. The hourly rate of Kevin Magnuson is 5200 (the "Fee') for the Firms services outlinec.1 in the Scope of Work. The Firm may increase the Fee from time to time with written notice to you. The Fee includes reasonable administrative costs such as photocopies, domestic telephone charges, etc, The Fee does not include courier charges, photocopies by a vendor, electronic legal research, Lake Elmo City Council Engagement Letter April 28, 2016 Page 2 travel, long-distance telephone charges or postage, filing fees or mediation charges. The Firm may bill you for all disbursements incurred on your behalf and may request that you pay certain disbursements directly. The Firm ordinarily will render an invoice as of the end of each calendar month with payment due within 30 days of billing. If you have any questions concerning the services, this agreement or the Policy, please call me at any time. To confirm your acceptance of these terms, please sign the enclosed copy of this letter where indicated and return it to me. I look forward to serving as your counsel. Kevin M. Magnuson, LLC Enclosure ACCEPTED AND AGREED: By Date: By Date: Scope of Work Assist the City of Lake Elmo in exploring, evaluating and engaging in efforts to resolve certain legal claims for damages it may have as directed by the Lake Elmo City Council or its designee. This work may involve direct or indirect engagement of the potential defendant(s), including potential settlement discussions or mediation, and requires an understanding of: a. thc merits of Lake Elmo's legal claims and the courses of action available to it, b. the cause and extent of the damage to Lake Elmo that can be linked to the conduct of the potential defendant(s) and the necessary remedies, c. relevant past interactions and discussions with the potential defendant(s) regarding possible resolution of the dispute between the parties, and d. the response of interested parties to potential legal action by Lake Elmo or attempts settle its claims. The scope of work may include reviewing documents, interviews with involved parties or experts and drafting memorandum or legal documents as directed by the Lake Elmo City Council or its designee. Counsel will use every effort not to duplicate work and proceed in the most efficient and cost effective manner possible, in part by maintaining close contact with Lake Elmo's other legal counsel, particularly Kennedy & Graven, who have re\-iewed much of the relevant material and can provide necessary documents or summaries of information avoiding unnecessary research. 2. Assist Kennedy & Graven in developing and implementing litigation strategy as needed and as directed by the Lake Elmo City Counsel. Kevin M. Magnuson, LLC Agreement for Legal Services — Client Billing Policy This Client Billing Policy, together with the engagement letter from Kevin M. Magnuson, L.L.C. (the "Finn"), contains the agreement ("Agreement") under which the Finn will provide legal services to you, as the client ("Client") named in that engagement letter. This Agreement describes the Firm's billing policies and practices and will be applicable to the matter referenced in the engagement letter unless otherwise agreed in writing. The Finn may periodically modify its general billing policies and practices; if this happens you will be notified in advance of the changes. Services. The Finn will provide you the legal services described in the engagement letter and other services agreed to between you and the Finn. Fees. Unless otherwise agreed in writing, the cost of the legal services rendered is the fee set forth in the engagement letter. The Finn will designate the appropriate attorney, contract attoniey, investigator or legal or staff assistant to render the services based on your request; the complexity of the matters involved; the skill and availability of the person to be assigned; and other relevant factors. Billing. Unless otherwise agreed in writing, fees, services charges and disbursements will be billed at the conclusion of the Finn's representation as delineated in the engagement letter or, at the discretion of the Firm, periodically. Periodic invoices are due within thirty (30) days after receipt. Service Charges and Disbusements. Unless otherwise agreed in writing, the Firrn's charges that appear on fee statements for other incidental services are based on the Firm's direct cost. The Firm passes through, without markup, itemized charges from outside vendors and tray retain travel incentives and other vendor discounts and incentives. If you request that the Finn contract on your behalf for additional services to he provided by a third party vendor, the Finn may request a purchase order or other authorization request from you. The firm will notify you of the terms of these arrangements and you will be responsible for payment either directly to the third party or through the Finm. Tel'111i110(i011, As the Client, you may terminate the Fiim as your legal counsel at any time by written notice to the Firm. The Firm may also withdraw as your legal counsel or suspend or limit its services to you in compliance with applicable rules of professional responsibility. Collection, Clients are responsible to reimburse the Firm's collection costs and attorneys' fees for nonpayment of invoices. If invoices are not timely paid, the Firm may obtain and perfect an attorneys' lien against documents, property, money or other rights, in accordance with applicable law. Subject to applicable law and rules, A LATE PAYMENT CHARGE OF 8% PER YEAR (OR THE MAXIMUM ALLOWABLE RATE) MAY BE ADDED TO ANY UNPAID INVOICE PAST DUE. Questions or Disputes. Questions or disputes concerning invoices should be brought to the attention of the attorney providing legal services within fifteen (15) days after receipt of the invoice. SIXTH AMENDED TOLLING AGREEMENT BETWEEN CITY OF LAKE ELMO AND 3M COMPANY WHEREAS, City of Lake Elmo ("Lake Elmo") has asserted claims ("Claims") against 3M Company ("3M"), arising out of 3M's alleged disposal of PFC-containing wastes in and/or around Washington County, Minnesota, WHEREAS, 3M and Lake Elmo desire to enter into a Tolling Agreement tolling any statute of limitations through and including August 1, 2016. NOW, THEREFORE, for and in consideration of the premises, mutual covenants, and agreement herein contained, and such other good and valuable consideration, the receipt and sufficiency of which are acknowledged, 3M and Lake Elmo covenant and agree as follows: 1. 3M and Lake Ehno hereby agree to toll the running of any applicable statute of limitations relating to the Claims through and including August 1, 2016 ("Tolling Period"), and agree not to assert any defense of limitations, laches, or estoppel by laches, or other bar which might wise by virtue of the passage of time as a defense with respect to any action, proceeding, lawsuit, or demand, such that the passage of time that occurs during the Tolling Period will not be counted for the purpose of any statute of limitations, laches, or estoppel by laches defense or any other bar related to the passage of time. Nothing in this Agreement shall be deemed to revive any claim that is or may already be barred as of the date of this tolling agreement. Nothing in this Agreement, or in the circumstances which gave rise to this Agreement shall be construed as an acknowledgement by any party that any claim 1 478849v1 LA515-9 has or has not been barred, or is about to be barred, by the statute of limitations, laches, or other defense based on the lapse of time. 3 This Agreement shall not operate as an admission of liability by any party. Neither this Agreement nor any action taken pursuant to this agreement shall be offered or received in evidence in any action or proceeding as an admission of liability of wrongdoings by any party. 4. 3M and Lake Elmo further agree that, except as expressly provided herein, all of their respective rights and remedies are expressly reserved and shall not be prejudiced hereby. 5. Any party to this Agreement may terminate it by giving ten (10) days' written notice to the other sent by electronic mail and registered mail, return receipt requested, at the following addresses: If to 3M: Mary E. Cullen Associate General Counsel Global Litigation & Dispute Resolution 3M Office of General Counsel 3M Center, Bldg. 10E-03 Mail Station 2209E-02, P.O. Box 33428 St. Paul, MN 55133-3428 mcveagearru-nrn.cona and William A. Brewer III Brewer, Attorneys & Counselors 1717 Main Street, Suite 5900 Dallas, Texas 75201 wabO2bickelbrewer.com If to Lake Elmo: Kristina Handt, City Administrator City of Lake Elmo 3800 Laverne Ave. N Lake Elmo, MN 55042-9629 47SS49v1 LA515-9 arid Douglas D. Shaftel Peter G Mikhail 470 U.S. Bank Plaza 200 S. Sixth Street Minneapolis, MN 55402 dshaftelokennedy-graven.com pmikhailkaennedv-graven.com 6. This Agreement is not intended to benefit persons other than the parties to this Agreement. 7. This Agreement shall be governed by the substantive laws of the State of Minnesota. 8 This Agreement contains the entire agreement of the parties; and with respect to the subject matter hereof, it may not be modified in any way except by written consent of all parties. 9. This Agreement may be executed in counterpart originals, in which case each such document will be deemed to be an o al; each Party will deliver to the other an executed copy of this Agreement. 10. This agreement shall be effective on April 27, 2016. This agreement must be approved by the City Council and the next City Council meeting will take place on May 3, 2016. That Lake Elmo's representative has executed this agreement after May 1, 2016, the expiration of the FIFTH AMENDED TOLLING AGREEMENT shall not alter the terms of this Agreement. IN WITNESS WHEREOF, this Tolling Agreement has been executed by the undersigned. 478849v1 LA515-9 By: Date: • 201 6 Authorized representative of 3M Company By: Date: , 2016 Authorized representative of City of Lake Elmo 4 478849v I LA515-9 TI IF CITY oF LAKE ELV 0 AYO COU CILCO DATE: REGULAR ITEM CATION May 3, 2016 10 AGENDA ITEM: Old Village Phase 2 Street, Drainage and Utility lmproveinents — Public Improvement Healing; Resolution Ordering the Improvement; and providing Municipal Concurrence to Washington County to Award a Contract SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Julie Johnson, City Clerk Cathy Bendel, Finance Director Chad J. Isakson, Project Engineer Sarah Sonsalla, City Attorney SU ;GESTE!) ORDER OF BUSINESS: Introduction of lictu ..... ...... ....... ..... .„... City Engineer (.:ity Engineer Questions from Council to Staff Mayor Facilitates Open Public Improvement Hearing°, Public Input Mayor Facilitates Call for Motion ...... . ..... ....... . ...... ...... Mayor & City Council Discussion..................... ..... ..... ..... ...... ................. Mayor & City Council Action on Motion....... ...... ........ ........... ......... ........ Mayor Facilitates POLICY RECOMMENDER: Engineeri FISCAL IMPACT: $8,445,985. The Old Village Phase 2 Street, Drainage and Utility Improvements is a $8.45 million street, sanitary sewer, drainage and storm water management improvement project. The project will be funded through the issuance of general obligation bonds with bond payrnents made from special assessments, the water enterprise fund, the storm water fund, County cost participation, Municipal State Aid Funds, and general tax levy. -- page City Council Meeting [Regular Agenda Item 10] May 3, 2016 SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to open the Public Improvement Hearing for the Old Village Phase 2 Street, Drainage and Utility Improvements; and following the Hearing, consider adopting Resolution No. 2016-37, ordering the improvement for the Old Village Phase 2 Street, Drainage and Utility Improvements and providing Municipal Concurrence for Washington County to Award a Contract. LEGISLATIVE HISTORY: Pursuant to Minnesota Statutes, Section 429.011 to 429.111, a Public Improvement Hearing was noticed for May 3, 2016, to consider making street, drainage and utility improvements for the following corridors: • 30th Street North, from the Lake Elmo Avenue to Lisbon Avenue North. • Lake Elrno Avenue North from 500-feet south of 30th Street North to CSAH. 14. • 34th Street from Lake Elmo Avenue to 150-feet west • 35th Street from Lake Elmo Avenue to the dead end • 36111 Street from Lake .Elmo Avenue to 200-feet west The attached notice was published in the official newspaper and individual notifications were sent to each address that will be assessed for the improvements. The area proposed to be assessed for the street improvements include the properties directly abutting the streets as described above. The estimated total project post -bid cost is $8,445,958. The estimated total cost of the street and drainage improvements are $5,192,354; sanitary sewer improvements are $1,204,385; landscape and streetscape improvements are $267,648; regional drainage improvements are $208,759; and water system improvements are $1,572,812, The waterrnain replacement and regional storm sewer system will not be assessed. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this meeting. The street, drainage, landscape, and streetscape improvements and extension of sanitary sewer are proposed to be assessed against the benefitting properties consistent with the City's Special Assessment Policy. Street improvement assessments are proposed at a rate of 30% for residential properties using an average residential front footage, and 100% for commercial properties based upon the actual front footage. Extension of sanitary sewer is 100% paid for by the benefitting property owners using a residential equivalent unit method. The remainder of the proposed project costs are proposed to be paid through a combination of municipal state aid funds, water enterprise funds, and general funds. Assessments for street improvements are levied over 10 years while the sanitary sewer improvements would be levied over a 20-year period. Additional cost breakdown, assessment information, and financial detail is presented in the Feasibility Report, -- page 2 -- City Council Meeting [Regular Agemla Item 10] May 3, 2016 BACKGROUND INFORMATION: A feasibility report was authorized by the City Council on February 2, 2016 in order to ready these improvements for 2016 construction. The feasibility report is needed to ineet state statutory requirements if any portion of the project is to be assessed to benefitting properties. The report identifies the necessary improvements, the estimated project costs, the assessment methodology and preliminary assessment amounts to be levied against properties adjacent to and benefitting from the street and sanitary sewer improvements. gcomiv!NpATIoN: Staff is recommending that the City Council adopt Resolution No. 2016-37, ordering the improvement for the Old Village Phase 2 Street, Drainage and Utility Improvements as detailed in the Feasibility Report dated as amended May 2016 and providing Municipal Concurrence for Washington County to Award a Contract. This resolution must be approved by a 4/5th's vote. The recommended motion for this action is as follows: "Move to adopt Resolution No. 2016-37, ordering the improvement .for the Old Village Phase 2 Street, Drainage and Utility Improvements as detailed in the Feasibility Report as amended May 2016 and providing Municipal Concurrence for Washington County to Award a Contract." ATTACHMENT(S1: 1. Resolution 2016-37 Ordering the Improvement and providing Municipal Concurrence for Washington County to Award a Contract. 2. Notice of Hearing on Improvement. 3. 'Updated Post -Bid Preliminary Assessment Rolls (will be made available at the meeting). 4. Location Map. 5. Project Schedule. page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-37 A RESOLUTION ORDERING THE IMPROVEMENT FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS AND PROVIDING MUNICIPAL CONCURRENCE FOR WASHINGTON COUNTY TO AWARD A CONTRACT WHEREAS, pursuant a resolution of the city council adopted on April 5, 2016, the council ordered a hearing on Improvement for the Old Village Phase 2 Street, Drainage and Utility Improvements; and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 3rd day of May, 2016, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated March 2016 states that the project is necessary, cost-effective, and feasible; and WHEREAS, the City has directed Washington County, and its consultants, to oversee the preparation of the Plans and Specifications, and to accept bids for the improvements; and WHEREAS, pursuant to an advertisement for bids, bids were received by Washington County on April 5, 2016, opened, and tabulated according to the law, and reviewed to verify that all requirements of the submittals were met. NOW, THEREFORE, BE IT RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated March 2016 and amended May 2016. Assessments shall be levied to the benefiting properties as outlined in the preliminary assessment rolls and as amended by the city council. 3. Such improvement is hereby ordered as proposed in the council resolution adopted this 3rd day of May, 2016, 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 5. That the city concurs with the bids and Washington County's recommendation to award a contract. Resolution No. 2016-37 6. The city will enter into a cooperative agreement with Washington County and the county shall oversee the preparation of the Plans and Specifications and construction for the making of such improvement. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF MAY, 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No, 2016-37 2 CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, May 3, 2016, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The street, landscape and streetscape improvements are proposed along Lake Elmo Avenue from 500 feet south of 30th Street North to CSAH 14 and 30th Street from Lake Elmo Avenue to Lisbon Avenue North, 34th Street from Lake Elmo Avenue to 150-feet west, 35th Street from Lake Elmo Avenue to the dead end, and 36th Street from Lake Elmo Avenue to 200-feet west. The improvements consist of reconstruction of the existing streets with concrete curb and gutter, installation of a storm sewer system, replacement of aged watermain, boulevard trees, ornamental street lights, and sidewalk installation. The sanitary sewer improvements include the extension of existing sanitary sewer along Lake Elmo Avenue from 500 feet south of 30th Street North to CSAH 14 and 30th Street from Lake Elmo Avenue to 200 feet east of Legion Avenue, 34th Street from Lake Elmo Avenue to 150-feet west, 35th Street from Lake Elmo Avenue to the dead end, and 36th Street from Lake Elmo Avenue to 200-feet west. Improvements will include a service stub to each beneiitting property to the property line. The area proposed to be assessed for the street improvements include the properties directly abutting Lake Elmo Avenue, 30th Street, 34th Street, 35th Street, and 3611 Street as detailed above. The total estimated project cost for the Phase 2 improvements is $9,312,677. The estimated total cost of the street and landscape improvements are $5,810,611, sanitary sewer improvements are $1,436,740, streetscape improvements are $81,000, regional drainage improvements are $254,016, and water system improvements are $1,730,310. The watermain replacement and regional storm sewer system will not be assessed. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this meeting. DATED: April 5, 2016 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale -Lake Elmo Review on April 13, 2016 and Apra 20, 2016) REID PARK LIFT STATION LEGEND OLD VILLAGE PIIASE 2 - STREET. DRAINAGE AND UTILITY IMPROVEMENTS TI-IE CITY OF LAKE FLMO ENGINEERING OLD VILLAGE STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2016.124 MARCH, 2016 CITY OF LAKE ELMO EXHIBIT NO. LOCATION MAP OLD VILLAGE PHASE 2 STREET,DRAINAGE AND UTILITY IMPROVEMENTS CITY OF LAK ELMO PROJECT SCHEDULE OLD VILLAGE PHASE 2:STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2O16.lZ4 MARCH 2016 ENGINEERING, inc. Cara Gehe"e��E. Jack Griffin, p.c. Ryan Stempskip[. Chad |sakymn'P.[. 651.300.4261 651.300.4I64 551300.4267 651J00.4283 FE8RUAKYS,2O15 Council approves Phase 2 Municipal Consent. County proceeds with Final Design. FEBRUARYZ,2OI6 Council authorizes the preparation ofthe Phase 2Feasibility Report. FEBKAURYl6,20l6 County presents final plans and specifications. No formal action required. MAR[H,2Ol6 County posts advertisement for bid. APR/L5,ZOl6 Council accepts Report, - and adopts project assessnnentpo|icy.[aUsPub|ic Improvement Hearing. &PR|L5,ZOl6 APR|L0i2O16 MAY 3,ZOI6 MAY, 2016 County Accepts Contractor Bids. Notice ofPublic Hearing (Publish April l3and April ZO,ZOl6i Public Improvement Hearing, Council approves "Concurrence" to award contract. Council Orders the Improvement for the Old Village Phase 2: Street, Drainage, and Utility Improvements (Requires 4/5m vote). Start ofPhase 2Construction. * NUVEK4BER,2UI6 Substantial Completion. • ]UU(20l7 Final Completion. CITY OF LAKE ELMO, MN. OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS MARCH 2016 PRELIMINARY SANITARY SEWER ASSESSMENT ROLL NO. NAME ADDRESS PID AMOUNT SAC 1 LEO PROP LP 11127 STILLWATER BLVD N LAKE ELMO 55042 1302921230074 $ 14,000.00 1 2 LOHMANN JAMES E 3610 LAKE ELMO AVE N LAKE ELMO 55042 1302921230044 5 14,000,00 1 3 STROM SCCTT R & TERRI A 3592 LAKE ELMO AVE N LAKE ELMO 55042 1302921230041 $ 14,000.00 1 4 WICKER WILLIAM & CECELIA 11079 35TH 5T N LAKE ELMO 55042 1302921230069 $ 14,000.00 1 5 EISELE JON G & SHELLEY 1 11094 35TH ST N LAKE ELMO 55042 1302921230032 $ 14,000.00 1 6 SCHUTZ GREGORY & COLLEEN 11098 34TH 57 N LAKE ELMO 55042 1302921320023 5 14,000.00 1 7 KNOWLAN INVESTMENTS LLC 3546 LAKE ELMO AVE N LAKE ELMO 55042 1302921230038 $ .14,000.00 1 8 WILLIAM C HIELMGREN TRS 3524 LAKE ELMO AVE N LAKE ELMO 55042 1302921230037 5 14,000_00 1 9 LAKE ELMO INN INC 3514 LAKE ELMO AVE N LAKE ELMO 55042 1302921230036 $ 14.000.00 1 10 HERREID DAVID & WALMER DAPHNE 3476 LAKE ELMO AVE N LAKE ELMO 55042 1302921320021 5 14,000.00 1 11 LAKE ELMO INN INC 3442 LAKE ELMO AVE N LAKE ELMO 55042 1302921320046 $ 322,030.00 23 12 WEEKS BARRY E & ELLIS KATHLE 3647 LAKE ELMO AVE N LAKE ELMO 55042 1302921230047 $ 14,000.00 1 13 SCHUMACHER KURT & APRIL C 3625 LAKE ELMO AVE N LAKE ELMO 55042 1302921230048 $ 14,000.00 1 14 ALBRECHT ANDREA 3603 LAKE ELMO AVE N LAKE ELMO 55042 1302921230050 5 14,000.00 1 15 JOSHUA TAYLOR ENTRPRS LLC 3394 LAKE ELMO AVE N LAKE ELMO 55042 1302921320001 5 56,000.00 4 16 JOSHUA TAYLOR ENTRPRS LLC 3390 LAKE ELMO AVE N LAKE ELMO 55042 1302921320005 5 14,000.00 1 17 PLATINUM ENTERPRISES LLC 3417 LAKE ELMO AVE N LAKE ELMO 55042 1302921320032 5 14,000,00 1 18 LANG SUSAN C 3405 LAKE ELMO AVE N LAKE ELMO 55842 1302921320033 $ 14,000,00 1 19 FOR SCOTT JAMES & MARGIE 3380 LAKE ELMO AVE N LAKE ELMO 55042 1302921320004 $ 14,000.00 1 20 GRACZYK MICHAEL EDWARD & VICKI 3360 LAKE ELMO AVE N LAKE ELMO 55042 1302921320002 $ 14,000.00 1 21 SWAN MICHAEL D & CHLOE J 3348 LAKE ELMO AVE N LAKE ELMO 55042 1332921320056 $ 14,000.00 1 22 SCHNEIDER JOHN L & SUSAN I ROTHER 3326 LAKE ELMO AVE N LAKE ELMO 55042 1302921320055 $ 14,000.00 1 23 KUBITSCHEK RICHARD 3308 LAKE ELMO AVE N LAKE ELMO 55042 1302921320057 $ 14,000.00 1 24 ENGDAHL ANNE T & STEVEN J 3296 LAKE ELMO AVE N LAKE ELMO 55042 1302921320059 $ 14,000.00 1 25 HENSON GORDON D & JAYNE E 3276 LAKE ELMO AVE N LAKE ELMO 55042 1302921320091 5 14,000.00 1 26 ENGSTROM BRUCE R 3258 LAKE ELMO AVE N LAKE ELMO 55042 1302921320084 $ 14,000.00 1 27 SMITH CONSTANCE K 3200 LAKE ELMO AVE N LAKE ELMO 55042 1302921330043 5 14,000.00 1 28 KOHN THEODORE M & ELLEN E 3160 LAKE ELMO AVE N LAKE ELMO 55042 1302921330020 $ 14,000.00 1 29 DORSCHNER DALE F & LISA M 3150 LAKE ELMO AVE N LAKE ELMO 55042 1302921330018 $ 14,000.00 1 30 BANISTER FREDERICK 1 & CAROL 3100 LAKE ELMO RD N LAKE ELMO 55042 1302921330019 $ 14,000.00 1 31 JOHNSON GEORGE E & SUSAN W 3070 LAKE ELMO AVE N LAKE ELMO 55042 1302921333001 $ 14,000.00 1 32 ZDECHLIK MARK T 3078 LAKE ELMO AVE N LAKE ELMO 55042 1302921330004 $ 14,000.00 1 33 WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS 3060 LAKE ELMO AVE N LAKE ELMO 55042 1302921330002 $ 14,000.30 1 34 LEONARD JAMES & AMANDA SUE FLOERKE 3012 LAKE ELMO AVE N LAKE ELMO 55042 1302921330003 5 14,000.00 1 35 GUNDERSON MARLON 0 & JULIE BUNN 2986 LAKE ELMO AVE N LAKE ELMO 55042 2402921220009 $ 14,000.00 1 36 BUTENHOFF BONNIE 1 2976 LAKE ELMO AVE N LAKE ELMO 55042 2402921220014 $ 14,000.00 1 37 HARTMEISTER KATHLEEN T 3385 LAKE ELMO AVE N LAKE ELMO 55042 1302921320034 5 14,000.00 1 38 ANDERSON RUSSELL W & PATRICIA .1 3373 LAKE ELMO AVE N LAKE ELMO 55042 1302921320035 $ 14,000.00 1 39 NEUMANN MARTIN J & SILBY K 3351 LAKE ELMO AVE N LAKE ELMO 55042 1302921320036 $ 14,000.00 1 40 DEGREE THOMAS M 3337 LAKE ELMO AVE N LAKE ELMO 55042 1302921320037 5 14,000,00 1 41 DONALD 1 BAKER TRS 3303 LAKE ELMO AVE N LAKE ELMO 55042 1302921320038 $ 14,000.00 1 42 HELMS CATHERINE 3287 LAKE ELMO AVE N LAKE ELMO 55042 1302921320039 $ 14,000.00 1 43 HAWTHORNE TRENTON J & AMANDA L 3217 LAKE ELMO AVE N LAKE ELMO 55042 1302921330007 5 14,000.00 1 44 SACHS RICHARD J JR 3203 LAKE ELMO AVE N LAKE ELMO 55042 1302921330006 $ 14,000.00 1 45 DUPIUS LUC M & ROCHELLE M MCCUNE 3151 LAKE ELMO AVE N LAKE ELMO 55042 1302921330009 5 14,000.00 1 46 DUPIUS LUC M & ROCHELLE M MCCUNE 3131 LAKE ELMO AVE N LAKE ELMO 55042 1302921330011 5 14,000.00 1 47 DUPIUS LUC M & ROCHELLE M MCCUNE 3109 LAKE ELMO AVE N LAKE ELMO 55042 1302921330041 $ 14,000.00 1 48 MCCUNE WESLEY 5 3095 LAKE ELMO AVE N LAKE ELMO 55042 1302921330012 $ 14,000,00 1. 49 SCHMIDT BRUCE C 3063 LAKE ELMO AVE N LAKE ELMO 55042 1302921330014 5 14,000.00 1 50 WILLIAMS TODD R & MARIORIE F 3025 LAKE ELMO AVE N LAKE ELMO 55042 1302921330016 $ 14,000.00 1 51 JOHNSON STEPHEN D 2965 LAKE ELMO AVE N LAKE ELMO 55042 2402921220011 $ 14,000.00 1 52 JOHNSON EELIZABETH M 2945 LAKE ELMO AVE N LAKE ELMO 55042 2402921220019 $ 14,0E30,00 1 53 SWANSON MICHELLE E 2929 LAKE ELMO AVE N LAKE ELMO 55042 2402921220020 $ 14,000.00 1 54 JOHNSON STEPHEN D & CHERYL A NORDQUIST 2915 LAKE ELMO AVE N LAKE ELMO 55042 2402921220021 $ 14,000.00 1 55 WILLIAMS TODD R & MARJORIE F LAKE ELMO 55042 1302921330017 $ 14,000.00 1 56 JOLLYMORE GARY M 2989 LAKE ELMO AVE N LAKE ELMO 55042 2402921220012 $ 14,000,00 1 57 ASHLEY JULIA M 11205 30TH ST N LAKE ELMO 55042 2402921220010 5 14,000.00 1 58 KRESSIN JEROME & VIRGINIA FREER 11217 30TH 57 N LAKE ELMO 55042 2402921220017 5 14,000.00 1 59 LACHLER-JOHNSON SUSAN E 11227 30TH ST N LAKE ELMO 55042 2402921220005 $ 14,000.00 1 60 MAllARA MICHAEL) 11259 30TH ST N LAKE ELMO 55042 2402921210004 5 14,000.00 0 61 WEHKING TERRYI $ ROY 11291 30TH ST N LAKE ELMO 55042 2402921210002 $ 14,000.00 1 62 DIETHERT JACK R & NANCY 1 11307 30TH ST N LAKE ELMO 55042 2402921210006 5 14,000.00 1 63 METCALF MARK G & HEATHER R 11333 30TH 5T N LAKE ELMO 55042 2402921210007 $ 14,000.00 1 64 DANIELSON TIMOTHY 1 & DIANA M 11357 30TH 5T N LAKE ELMO 55042 240292121000E $ 14,000.00 1 65 JAHNKE ROLAND J & SHIRLEY A 11377 30TH ST N LAKE ELMO 55042 2402921210010 $ 14,000.00 1 66 LECY JOHN K & HARPER DAVID E 11397 30TH ST N LAKE ELMO 55042 2402921210009 5 14,000.00 1 67 KNOWLAN KAREN U 11443 30TH ST N LAKE ELMO 55042 2402921210012 $ 14,000.00 1 68 GARNER DONALD 1 & JERILYN 2988 LEGION AVE N LAKE ELMO 55042 2402921210016 $ 14,000.00 1 69 PERTZ ANDREW J 11256 30TH ST N LAKE ELMO 55043 1302921340032 $ 14,000.00 1 70 ARNDT RICHARD W 11280 30TH 5T N LAKE ELMO 55042 1302921340009 $ 14,000.00 1 71 SWANSON RONALD V & BARBARA 1 11316 30TH ST N LAKE ELMO 55042 130292134000S $ 14,000.00 1 72 RYBERG PAUL A & CANDACE Q 11326 30TH ST N LAKE ELMO 55042 1302921340010 $ 14,000.00 1 73 GLANZER JARVIS & JANE 11356 30TH ST N LAKE ELMO 55042 1302921340007 $ 14,000.00 1 TOTAL $ 1,372,000.00 , 3.3 LAVTANE AVE LEGEND ASSESSABLE PROPErrli' I FOCUS ENGINEERING, inc. 2cC, 490 NO. OWNER 1 1E0 PROP Er 2 LOHMANN JAMES E 3 51110M SCOTT R &11.100 AS 4 WICKER VVILL1AM H & CECELIA G 5 EISELE JON G & SHELLEY 1 6 SCHILTZ GREGORY & COLLEEN 7 KNOWIAN INVESTMENTS LTC S VVILDAM C HIETMGREN IRS 9 LAKE ELMO INN LLC 10 HERREN/ DAViD & WALMER 11 LAKE ELMO INN L1C 12 WEEKS BARRY E & ELLIS KATHLE 13 SCHUMACHER KURT R & APRD 14 ALBRECHT ANDREA .11 I K 4M( ) OLD 3ILLAE11-1 IA5152 STRIiher. DR 3.11,1,‘GG AND I_ TILIT1INIPROVENIEN-rs PROIECI- NO. 1016.123 3IARCI-1.201E IND 1302921230074 1302921230044 1302921230011 1302921230069 1302921230032 1302921320023 1302921230039 1307921230037 130292123003G 13E12921320021 1302921320046 1302921230047 1302921230018 1302921230050 SANITARY SEWER ASSESSABLE PROPERTIES NORTI I OF RAILROAD TRAcKs OLD VILLAGE PHASE 54 : 53 5") 51 NO, OWNER 15 JOSHUA TAYLOR EN1RPR5 LLC 16 JOSHUA TAYLOR ENTRPRS LLC 17 PLATINUM ENTERPRISES LLC 18 LANG SUSAN C 19 FOX SCOTT JAMES & MARGIE 20 GRACZYK MICHAEL EDWARD & VICKI 21 SWAN MICHAEL D & CHLOE .1 22 SCHNEIDER JOHN I.& SUSAN I 1101.HER 23 KUBITSCHEK RICHARD 24 ENGDAHL ANNE T & STEVEN, 25 HENSON GORDON D & JAYNE F 20 ENGSTROK1 EiRUCE 11 27 SMITH CONSTANCE K 28 KOHN THEODORE M & [LEEN E 29 DORSCHNER DALE F & LISA M LEGEND - ASSESSABLE 0ROPER1 34 35 PID 130292132.0001 130292/ 32000S 1302921320032 1302911320033 131/2921320004 1302921320002 1302921320056 130292132005_5 .1302921320057 1302921320059 1302921320091 1302921320084 1302921330043 1302921330020 1302921330018 31 3-1 29 11) 28 511, - , LIMO 50 41) 4 47 46 45 9 27 NO. OWNER 30 BANISTER FREDERICK i & CAROL 31 JOHNSON GEORGE E & SUSAN W 32 ZDECHLIK MARK T 33 WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS 34 LEONARD JAMES & AMANDA SUE FLOERKE 35 GUNDERSON MARLON 0 & JULIE BUNN 36 BUTENHOFF BONNIE 1 37 HARTMEISTER KATHLEEN T 38 ANDERSON RUSSELL W & PATRICIAJ 39 NEUMANN MARTIN .1 & SI EBY K 40 DEGREE THONIAS M 41 DONALD 1 BAKER IRS 42 HELMS CATHERINE d 3 HAWTHORNE TRENTON I & AMANDA L 44 SACHS RICEIARD1 JR 400 ,eet _ "1•401.- I - PID 1302921330019 1302921330001 1302521330004 1302921330092 130202133006U 2402921220009 2402921220014 1302921320034 1302921320035 1302921320036 1302921320037 1302921320038 1302921320039 1302921330007 1302921330006 19 24 23 22 2 1 20 "..‘ - - 17 42 41 ; 4)) 39 : 38 1 7 18 NO. OWNER 45 DUPUIS LUC M & ROCHELLE N1 MCCUNE 46 DUPUIS LUC NI& ROCHELLE M MCCUNE 47 DUPUIS LUC ROCHELLE M. MCCUNE 48 MCCUNE WESLEY 5 49 SCHMIDT BRUCE C 50 WILLIAMS TODD R & MARJORIE 51 JOHNSON STEPHEN D S2 JOHNSON ELIZABETH M 53 SWANSON MICHELLE E 54 JOHNSON STEPHEN D & CHERYL A NORDOUI ST PIO 1302921330009 1302921330011 1302921330041 1302921330012 1302921330014 1302921330016 2.102921220011 2102921229019 2402921220020 2402921229021 FOCUS ENGINEERING, inc. 1111: :I1 .1 NE T;'1,N40 OLD VILLAGF. PI IASF 2 STELEE.E. DR..‘INAGE ANL) Frii.EIN IMPROVE:MI-NI S PROJECI NC/. 2016.124 91ARCII. 2016 SANITARY AMER ASSESSABLE PROPERTIES SOMII OF RAILROAD TRACKS OLD \IL LAE& PHASE 2, I.EGEND ASSESSABLE PROPERTY 200 FOCUS ENGINEERING, inc. 4113 e4,1 K E ELM() 01.11) VILLAGE 111-1.45111 2 STREE111.14RAINAGE AN-DI:TN CIA OEPROVEYII1NTS PRO161111NO. 2019. I 2, 21911141. 2016 NO. OWNER PIO 55 WILLIAMS TODD R & NlARJORIE F 1302921330017 56 10ELYM00E GARY M 2102921220012 57 ASHLEY JULIA NI 2402921220010 58 KRESSIN JEROME & V1RGINIA FREER 2402921220017 59 EACHLER-JOHNSON SUSAN E 2402921220005 GO MA2Z050MICHAEIJ 2402921210004 61 WOWING TERRYJ & ROY 2102921 210002 62 DIETHERT JACK & NANCY 1 2402921210006 63 METCALF MARK G & HEATHER R 2402921210007 64 DANIELSON TIMOTHY 1 & DIANA M 24029212.10008 65 JAHNKE ROLAND & SHIRLEY A 24029212 100 10 66 LECY JOHN K & HARPER 0AVID E 2=102921210009 67 KNOWLAN KAREN I/ 2402921210012 68 GARNER 0090101 & 1ERI LYN IV= 240292121001C 69 PEREZ ANDREW 1 1302921340032 70 ARNDT RICHARD W 1302921340009 71 SWANSON RONALD V & 09009997 1302921340008 72 RYBERG PAW A & CANOACE 1302921340010 73 GLANZER JARVIS & JANE 1302921340002 SANITARY SEWER ASSESSABLE PROPERTIES 30TH STREET NORTH 011) \ ILL:1(T PHASE 2 CITY OF LAKE ELMO, MN, MARCH 2016 NO. OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS LAKE ELMO AVE (30TH STREET TO CSAH 14) PRELIMINARY STREET ASSESSMENT ROLL NAME 'gg-g gggg g 2 LOHMANN JAMES E 3 STROM SCOTT R & TERRI A 4 WICKER WILLIAM & CECELIA 5 EISELE JON G & SHELLEY J 7 WILLIAM C HJELMGREN TRS 8 LAKE ELMO INN INC 14 WEEKS BARRY E & ELLIS KATHLE 15 SCHUMACHER KURT & APRIL C 30 LANG SUSAN C 31 FOX SCOTT JAMES & MARGIE 32 GRACZYK MICHAEL EDWARD & VICKI 33 SWAN MICHAEL D & CHLOE J 34 SCHNEIDER JOHN L & SUSAN I ROTHER 35 KUBITSCHEK RICHARD ADDRESS PID PAGE 1 of 2 FRONT FOOTAGE STREET FRONT METHOD FOOTAGE 3610 3582 11079 11094 3524 3514 3647 3625 3405 3380 3360 3348 3326 3308 LAKE ELMO LAKE ELMO 35TH 35TH LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 ST N LAKE ELMO 55042 ST N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 1302921230044 1302921230041 1302921230069 1302921230032 1302921230037 1302921230036 1302921230047 1302921230048 1302921320033 1302921320004 1302921320002 1302921320056 1302921320055 1302921320057 $4,400.00 $4,400.00 $9,200,00 $9,200,00 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400,00 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400,00 209 147 97 40 59 52 90 110 75 61 109 70 165 50 CITY OF LAKE ELMO, MN. MARCH 2016 NO. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS LAKE ELMO AVE (30TH STREET TO CSAH 14) PRELIMINARY STREET ASSESSMENT ROLL NAME ENGDAHL ANNE T & STEVEN J HENSON GORDON D & JAYNE E ENGSTROM BRUCE R HORTTOR CAROLYN M SMITH SMITH CONSTANCE K KOHN THEODORE M & ELLEN E DORSCHNER DALE F & LISA M BANISTER FREDERICK J & CAROL JOHNSON GEORGE E & SUSAN W ZDECHLIK MARK T WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS LEONARD JAMES & AMANDA SUE FLOERKE GUNDERSON MARLON 0 & JULIE BUNN BUTENHOFF BONNIE HARTMEISTER KATHLEEN T ANDERSON RUSSELL W & PATRICIA J NEUMANN MARTIN J & SILBY K DEGREE THOMAS M DONALD J BAKER TRS HELMS CATHERINE HAWTHORNE TRENTON J & AMANDA L SACHS RICHARD J JR DUPIUS LUC M & ROCHELLE M MCCUNE DUPIUS LUC M & ROCHELLE M MCCUNE DUPIUS LUC M & ROCHELLE M MCCUNE MCCUNE WESLEY S SCHMIDT BRUCE C WILLIAMS TODD R & MARJORIE F JOHNSON STEPHEN D JOHNSON ELIZABETH M SWANSON MICHELLE E JOHNSON STEPHEN D & CHERYL A NORDQUIST 3296 3276 3258 1959 3200 3160 3150 3100 3070 3078 3060 3012 2986 2976 3385 3373 3351 3337 3303 3287 3217 3203 3151 3131 3109 3095 3063 3025 2965 2945 2929 2915 LAKE ELMO LAKE ELMO LAKE ELMO PARK LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO ADDRESS AVE N AVE N AVE N DRIVE AVE N AVE N AVE N RD N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N LAKE ELMO LAKE ELMO LAKE ELMO MAPLEWOOD LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO 55042 55042 55042 55119 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 PID PAGE 2 of 2 FRONT FOOTAGE STREET FRONT METHOD FOOTAGE 1302921320059 1302921320091 1302921320084 1302921330042 1302921330043 1302921330020 1302921330018 1302921330019 1302921330001 1302921330004 1302921330002 1302921330003 2402921220009 2402921220014 1302921320034 1302921320035 1302921320036 1302921320037 1302921320038 1302921320039 1302921330007 1302921330006 1302921330009 1302921330011 1302921330041 1302921330012 1302921330014 1302921330016 2402921220011 2402921220019 2402921220020 2402921220021 TOTAL $4,400,00 100 $4,400.00 75 $4,400.00 75 $4,400.00 141 $4,400.00 138 $4,400,00 202 $4,400.00 $4,400.00 253 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400,00 $4,400.00 $4,400,00 $4,400.00 $4,400.00 $4,400,00 $4,400,00 $4,400,00 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400.00 $4,400,00 $4,400,00 $4,400,00 $402,333.00 113 123 144 112 170 90 80 102 125 125 120 84 84 100 100 100 170 80 149 163 82 81 81 CITY OF LAKE ELMO, MN. MARCH 2016 NO. OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS 30TH STREET PRELIMINARY STREET ASSESSMENT ROLL NAME ADDRESS PAGE 1 of 1 RESIDENTIAL UNIT METHOD PID W/ MSA FUNDS 1 WILLIAMS TODD R & MARJORIE F 2 JOLLYMORE GARY M 3 AHHLEY JULIA M 4 KRESSIN JEROME & VIRGINIA FREER 5 LACHLER-JOHNSON SUSAN E 6 JOHNSON STEPHEN D & CHERYL A NORDQUIST 7 MAZZARA MICHAEL J 8 WEHKING TERRY J & ROY 9 DIETHERT JACK R & NANCY J 10 METCALF MARK G & HEATHER R 11 KLASSEN DONALD J & MONICA J 12 DANIELSON TIMOTHY J & DIANA M 13 JAHNKE ROLAND J & SHIRLEY A 14 LECY JOHN K & HARPER DAVID E 15 WAHLSTROM ERIC D & KARI W 16 KNOWLAN KAREN U 17 PERTZ ANDREW J 18 ARNDT RICHARD W 19 SWANSON RONALD V & BARBARA J 20 RYBERG PAUL A & CANDACE Q 21 GLANZER JARVIS & JANE 22 CITY OF LAKE ELMO 2989 LAKE ELMO 11205 30TH 11217 30TH 11227 30TH 11259 11291 11307 11333 11347 11357 11377 11397 11415 11443 11256 11280 11316 11326 11356 30TH 30TH 30TH 30TH 30TH 30TH 30TH 30TH 30TH 30TH 30TH 30TH 30TH 30TH 30TH AVE N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N ST N LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 LAKE ELMO 55042 1302921330017 $11,500.00 2402921220012 $11,500,00 2402921220010 $11,500,00 2402921220017 $11,500.00 2402921220005 $11,500,00 2402921220013 $11,500,00 2402921210004 $11,500,00 2402921210002 $11,500.00 2402921210006 $11,500,00 2402921210007 $11,500.00 2402921210017 $11,500.00 2402921210008 $11,500,00 2402921210010 $11,500,00 2402921210009 $11,500.00 2402921210011 $11,500,00 2402921210012 $11,500,00 1302921340032 $11,500.00 1302921340009 $11,500,00 1302921340008 $11,500,00 1302921340010 $11,500.00 1302921340007 $11,500.00 13029221340001 $69,000,00 TOTAL $310,500.00 - 3 M P 4 - - - 14KII;LNIO AVE: „,,, , 4P 25 17 16 _,.. ...a..., LEGEND 5SSLN8,1131_1” PROPERT1 FOCUS ENGINEERING, inc. 312 :CO £ -10 £#X£5t•I'S''' £ 43 Peet # 1 LEO PROP LP 2 1.01-IMANN JAMES E 3 STROM SCOTT It & TERRI A5 4 WICKER WILLIAM H & CECELIA G 5 EISELE JON G & SHELLEY 1 6 KNOW LAN INVESTMENTS LLC 7 WILLIAM C HIELMGREN TR5 8 LAKE ELMO INN LLC 9 LAKE ELN10 INN LLC 10 HERREIL1 DAVID & WALN1ER 11 LAKE woo INN LLC 12 LAKE ELMO INN LI.0 13 PELTIER GENE N1 & ANN E 14 WEEKS BARRY E & ELUS KATHLE 15 SCHUMACHER KURT & API LC 16 CHRIST LUTHERAN CHURCH LAKE ELMO 17 CITY OF LAKE ELMO 18 DALE AND LINDA QUAST TRS 19 KROMSCHROFDER JERRY & SHARON 70 LAKE ELMO REAL ESTATE GROUP LLC 21 I1E1IAGSTROM PROP RC 22 RF, HAGSTROM PROP LIC 23 REANAGS LLC 24 11150 LLC 25 AGINCOURT LLC -Li 0.4.11Y ol OLD VILLAGE PI IAS12 sTREET, I7R.11NAGE -1 12'; \ k 1_1:_. E I NI() , , AND 111 II ITV INKPROVES1111NTS PROI1CI15O„2010,124 11ARCI I. 2016 1302921230074 1302921230044 1302921230041 1302921230069 1302921230032 1302921230038 1302921230037 1302921230036 1302921320022 1302921320021 1302921320019 1302921320046 1302921230046 1302921230041 13029212300418 1302921).3(1053 1302921230054 13029212301158 1302921230057 1302921230056 1302921230059 1302921320E125 1302921320026 1302921320027 1302921320041 STREET AND DRAINAGE IMPROVEMINTS ASSESSABLE PROPERTIES NORTH (-.)1, RR TRACKS OLD VILLAGE PHASE 2 414110111111.4. NO. OWNER 27 JOSHUA TAYLOR ENTRPRS LLC 28 10SHUA TAYLOR CNTRPRS LLC 29 PLATINUM ENTERPRISES LLC 30 LANG SUSAN C 31 EO% SCOTT JAMES & MARGIE 32 GRACZYK MICHAEL EDW ARD & VICKI 33 SWAN MICHAEL D & CHLOE I 34 SCHNEIDER JOHN L & SUSAN! ROTHER 35 KU81T5CHEK RICHARD 36 ENGDAHL ANNE T & STEVEN I 37 HENSON GORDON D & JAYNE E 38 ENGSTROM BRUCE R 39 HORTTOR CAROLYN 221 SMITH 40 SMITH CONSTANCEK 41 KO13N 11-1E00CIRE M & ELLEN E 42 LTORSCHNER DALE F & LISA M LEGEND 1SS1Ss'A1(1.P. Pku14R'TY PID 1302921320001 1302921320005 1302921320032 1302921320033 1307921320004 1302921320002 1302921320056 1302921320055 1302921320057 1302921320059 1302921321)091 1302921320084 1302921330042 13029213300-13 1302921330020 1302921330018 NO. OWNER 43 BANISTER FREDERICK 1 & CAROL 14 10HNS0N GEORGE E & SUSAN W 45 ZDECHLIK MARK T 46 WILLIAM C HAGBLRG TR5 & PAT RICIA HIIAGPERG 1R5 47 LEONARD JAMES & AMANDA SUE FLOERKE 48 GUNDERSON MARLON 0 & IULIE BUNN 49 RLITLNHOFF BONNIL 50 I IARTMEISTER KATHLEEN T 51 ANDEIRSON RUSSEl1 W & PATRICIAI 52 NEUMANN MARTIN I & SI DIY K 53 DEGREE THOMAS M 54 DONALD 1 BAKER IRS 55 HELMS CATHERINE 56 HAWTHORNE TRLNTON 1 & AMANDA L 57 SACHS RICHARD 11R 56 DUPUIS LUC M & ROCHELLE M MCCUNE ND 13029213300]9 130292133000E 1302921330004 1302921330002 1302921330040 2402921220009 2402921220014 1302921)20034 1302921320035 13029213200366 1302921320037 1302921320038 1302921320039 1302921330007 130292133000E 1302921330009 NO, OWNER 59 DUPUIS LUC M & ROCHELLE M MCCUNE 60 DUPUIS LUC ROCHELLC M MCCUNE 61 MCCUNE WESLEY 5 62 SCHMIDT BRUCEC 63 WILLIAMS TOE)() R & MARJORIE F 64 10HNSON STEPHEN D 65 10HN5ON ELIZABETH M 66 SWANSON MICHELLEE 67 10 HN5ON STEPHEN 0 F. CHERYLA NORDQUI ST PID 1302921330011 1302921330041 1302921330012 1302921330014 1302921330016 2402921220011 2402921220019 2407921220020 2402921220021 FOCUS ENGINEERING, inc. OLD VILLAGE PHASE 231RT5P,1. DRAINAGE AND 1TILI11' 1S1PR0Y'1':Su_NT6 PR0IGC!' NU, 20I6,1: IARCI I. 2016 EFT AND DRAINAGE IMPROVE' 'FS 1BEE PROPER"l'EIS SOI1TIl OF RR TRACKS OLll VILLALL PHASE 2 LEGEND ASSPSSARLE PROPER1 Y 9 I -I FOCUS ENGINEERING, inc. 203 41-3 NO, OWNER PID 1 WILLIAMS TODD R & MARJORIE F 1302021330017 2 JOLLYMORE GARY M 2402021220012 3 ASHLEY JULIA N1 2402921220010 4 KRESSIN JEROME & VIRGINIA FREER 2402921220017 5 I.ACHLER-10HNSON SUSAN E 2402921220005 6 JOHNSON STEPHEN D & CHERYL NORDQUIST 2402921220013 7 MAllARA MICHAEL I 2102921210004 8 WEHKING TERRY1 & ROY 2402921210002 9 DIETHERT JACK R & NANCYI 2402921210006 10 METCALF MARK G & HEATHER R 2402921210007 11 KLASSEN DONALD I & MONICA .1 2402921210017 12 DANIELSON TIMOTHY & NANA NI 2402921210008 13 1AFINKE ROLAND 1 & SHIRLEY A 7402921210010 14 LECY JOHN K & HARPER DAVID E 2102921210009 15 WAHLSTROM ERIC D & KAKI W 2402921210011 KNOWLAN KAREN U 2402921210012 17 919TZAN001WJ 1302921340032 10 ARND1 RICHARD W 1302921340000 19 SVVANSON RONALD V & BARBARA.' 1302921340008 20 RYBERG PAUL A & CANDACE Q 1302921340010 21 GLANZER JARVIS & JANE 1302921340007 22 CITY OF LAKE ELNIO 1302921340001 - OLD VILLAGE PHASE 2 STREET DRAINAGE STREET s, ND DRAINAGE IN1 PROVEMENTS AND I7FILITY IMPROVEMENTS ASSESSABLE PROPERTIES 301I I STREET NORTH rwoo-L 740. 2016.124 011) VILL:1C;L: PHASE 2 311.1RCIL. 701(3 CITY 0FLAKE ELMD.MN. MAY 2016 /., OLD VILLAGE PHASE 2:STREET, DRAINAGE, AND UTILITY IMPROVEMENTS LAKE ELK8OAVE (3OTHSTREET TOCSAH14) POTENTIAL REVISED PRELIMINARY STREET ASSESSMENT ROLL 2 LOUx4ANNJAwl[5E ] STxOxx5COTTR&T[RR|A 4 WICKER W|0AM&[ECEU4 5 c|5EL[]ON5&SHELLEYJ 7 Vv|LLIAKx[HUELM6REmTR5 e LAKE ELK4OINN INC 14 WEEKS BARRYE&ELu5uATHLE 15 S[HV/mA[HERKURT&APNLC ]O u\mGSU5ANC 31 FOX S[UTT]Aw1ES&rN4RG|E 33 GRA[ZYKxx|C*AELEDvV^RD&V|[x| 33 SWAN x8|CHAELD&CHLOE] 34 S[Hm[|DcR]OHmL& SuSAN|ROTHER 35 KUg|T3CHEKK|[nAnD 36 EN6DAHL AmmET&IT[vEN] �� � ]610 3582 11079 11094 }5Z4 ]5z« 5647 ]h25 3405 3380 3]60 5348 3326 5308 3296 u\KEEUwO LAKE ELKxO 35TH 35TM LAKEELKx0 u\KE[LxxO LxKLELKx0 LxxEELK4O LAKE[Lw1O LAx[[Lm1O ulKEELyW0 LAKEELKx0 LAx[ELxxO LAKcELxxO LAK[ELMD ADDRESS ' 4VEN xvEN 5rm STN xvEw AV[N AvEN AvEN AVEN AVEN AVEN AVEm 8V[m AV[N AVEm '4��'`—� -..�m uAKEFLN10 LAKE ELMO LxKE[LMO u\KEEUNO LAKEsLKoV u\KEsiw1O LAKE ELMO LAKEEL,NO LAK[ELxxO LAKEELxxO LAKEELwlO LAxE[Lw1O u\KE[LxxO u\KE[LKxO u\KE[LKxV — 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 PIo 1302921230044 1302921230041 1302921230059 1302921250032 1302921230037 1303921230036 /502921230047 1302921230048 1302921320033 1302921320004 1302921320002 1302921320056 1302921320055 1302921320057 1302921328059 — $4,200�0O $4,200.00 $9'2OO.U0 $9'ZO0.00 $4,ZVOV0 $4'ZOO.DO $420V�OV $4,200.00 $4'20U.VV $4'2OU.V0 $4,200.00 $4'2O0.Oo $4,200.00 $4'ZOO.0U $4,200.00 PAGE 1of2 STREET FRONT FOOTAGE � 209 147 97 40 59 52 90 IlD 7} §l 109 70 165 50 100 CITY OF LAKE ELMO, MN. MAY 2016 NO. NAME OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS LAKE ELMO AVE (30TH STREET TO CSAH 14) POTENTIAL REVISED PRELIMINARY STREET ASSESSMENT ROLL 37 HENSON GORDON D & JAYNE E 38 ENGSTROM BRUCE R 39 HORTTOR CAROLYN M SMITH 40 SMITH CONSTANCE K 41 KOHN THEODORE M & ELLEN E 42 DORSCHNER DALE F & LISA M 43 BANISTER FREDERICK J & CAROL 44 JOHNSON GEORGE E & SUSAN W 45 ZDECHLIK MARK T 46 WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS 47 LEONARD JAMES & AMANDA SUE FLOERKE 48 GUNDERSON MARLON 0 & JULIE BUNN 49 BUTENHOFF BONNIE J 50 HARTMEISTER KATHLEEN T 51 ANDERSON RUSSELL W & PATRICIA J 52 NEUMANN MARTIN J & SILBY K 53 DEGREE THOMAS M 54 DONALD J BAKER TRS 55 HELMS CATHERINE 56 HAWTHORNE TRENTON J & AMANDA L 57 SACHS RICHARD J JR 58 DUPIUS LUC M & ROCHELLE M MCCUNE 59 DUPIUS LUC M & ROCHELLE M MCCUNE 60 DUPIUS LUC M & ROCHELLE M MCCUNE 61 MCCUNE WESLEY 5 62 SCHMIDT BRUCE C 63 WILLIAMS TODD R & MARJORIE F 64 JOHNSON STEPHEN D 65 JOHNSON ELIZABETH M 66 SWANSON MICHELLE E 67 JOHNSON STEPHEN D & CHERYL A NORDQUIST NMI ADDRESS 3276 LAKE ELMO 3258 LAKE ELMO 1959 PARK 3200 LAKE ELMO 3160 LAKE ELMO 3150 LAKE ELMO 3100 LAKE ELMO 3070 LAKE ELMO 3078 LAKE ELMO 3060 LAKE ELMO 3012 LAKE ELMO 2986 LAKE ELMO 2976 LAKE ELMO 3385 LAKE ELMO 3373 LAKE ELMO 3351 LAKE ELMO 3337 LAKE ELMO 3303 LAKE ELMO 3287 LAKE ELMO 3217 LAKE ELMO 3203 LAKE ELMO 3151 LAKE ELMO 3131 LAKE ELMO 3109 LAKE ELMO 3095 LAKE ELMO 3063 LAKE ELMO 3025 LAKE ELMO 2965 LAKE ELMO 2945 LAKE ELMO 2929 LAKE ELMO 2915 LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO DRIVE MAPLEWOOD AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO RD N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO PID 55042 1302921320091 55042 1302921320084 55119 1302921330042 55042 1302921330043 55042 1302921330020 55042 1302921330018 55042 1302921330019 55042 1302921330001 55042 1302921330004 55042 1302921330002 55042 1302921330003 55042 2402921220009 55042 2402921220014 55042 1302921320034 55042 1302921320035 55042 1302921320036 55042 1302921320037 55042 1302921320038 55042 1302921320039 55042 1302921330007 55042 1302921330006 55042 1302921330009 55042 1302921330011 55042 1302921330041 55042 1302921330012 55042 1302921330014 55042 1302921330016 55042 2402921220011 55042 2402921220019 55042 2402921220020 55042 2402921220021 TOTAL PAGE 2 of 2 FRONT FOOTAGE STREET FRONT METHOD FOOTAGE $4,200.00 75 $4,200.00 75 $4,200.00 141 $4,200.00 138 $4,200.00 202 $4,200.00 $4,200.00 253 $4,200.00 $4,200.00 113 $4,200.00 123 $4,200.00 144 $4,200.00 112 $4,200.00 170 $4,200.00 90 $4,200.00 80 $4,200.00 102 $4,200.00 125 $4,200.00 125 $4,200.00 120 $4,200.00 84 $4,200.00 84 $4,200.00 100 $4,200.00 100 $4,200.00 100 $4,200,00 170 $4,200.00 80 $4,200.00 149 $4,200,00 163 $4,200,00 82 $4,200,00 81 $4,200,00 81 $382,522.00 CITY OFLAKE EUNO.MN. MAY2O10 OLD VILLAGE PHASE 2:STREET, DRAINAGE, AND UTILITY IMPROVEMENTS 30TH STREET POTENTIAL REVISED PRELIMINARY STREET ASSESSMENT ROLL NO. NAM[ ����� ����� l VV�|L�L|A�ITODD R & �N40OR|E F 2 ]OLLYKxOREGARYM 3 A6HLEY]UUAm 4 KRE35|N]EROK4E&V|RG|N|AFREER 5 LACHL[R-JOHN5ON5USANE b J0HNSONSTEPHEND&[HERYLANORDClU|ST 7 MAZZARAM|CH4EL] 8 VVEHK|NGTERRY ]&ROY 9 D|ETHERTJACK R&NAmCY] lO METCALF MARK G@HEATHER R ll KLA3SEN DONALD] & MONICA J 12 DAN|ELSONTIMOTHY ]& D|ANAM 13 ]AHNKEROLAND]&SHIRLEY A 14 LE[YJ0HNK&HARPER D4V|DE 15 VVAHLSTROK4 EK|CD&KAR|VV 16 KNOVVLANKAKENU 17 PERTZ4NDREVVJ IO ARNDTR|CHARDVV 19 SVVANS0NRONALDV&8ARBARA] 28 RYBERGPAULA&C4NDA[E(l 21 GLANZER]ARV|I&]ANE 32 CITY 0FLAKE ELMO PID 2989 LAKEELK4O llIOS 30TH 11217 30TH 11227 30TH 11259 30TH 11291 30TH 11307 30TH 11333 30TH 11347 30TH 11357 30TH lI]77 30TH 11397 30TH 11415 30TH 11443 30TH 11256 30TH 11280 30TH llJIb 30TH 11326 30TH 11356 30TH LAK[[UmO 55042 AVE IN LAKEELK1O 55042 STN LAKE ELMO 55042 STN LAKEELK40 55042 STN LAKE ELMO 55042 LAKEELK4O 55042 STN LAKEELMU 55042 5TN LAKEEL[NO 55042 STm LAKEELK4O 55042 STN L4K[EL[NO 55042 STN LAKEELK8O 55042 STN LAKEELK4O 55042 5TN LAKEELK8O 55042 3TN LAKEELyNO 55042 5TN U\K[ELMO 55042 STN LAKEELK8O 55042 STm L4KEELMO 55042 5TN LAKEELK4O 55042 STN LAKEELK80 55042 5TN LAK[[LK4O 55042 STN LAKE[LK4Q 55042 1302921330017 240292I2280I2 240292I220010 2402921220017 2402922220005 2402921220013 24029212I0004 24029212I0002 2402921210806 2402921210007 24029212100I7 240292I210008 24029212100I0 240292I210009 24029212100I1 2402921210012 1302921340032 I302921340009 1302921340008 1302921340010 1302921340007 1302922134000I TOTAL PAGE 1 of 1 RESIDENTIAL UNIT METHOD mVm1GAFUNDS $9,300.00 $9'300.00 $9']OD.UO $9,300.00 $9,]D0.0O $9,300.00 $9,300.00 $9,]0O.00 $9,300.00 $8'3OO.00 $9,300.00 $9'3OO.00 $9'3O0,00 $9,300.00 $9,300.00 $9'30O.0Q $9,300.00 $9,300.00 $9,300.00 $9'3UO.U0 $9']U0.U0 $55,800,00 CITY OF LAKE ELMO, MN. OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS MAY 2016 PAGE 1 of 1 POTENTIAL REVISED PRELIMINARY SANITARY SEWER ASSESSMENT ROLL NO. NAME ADDRESS PID AMOUNT SAC LEO PROP LP 11127 STILLWATER BLVD N LAKE ELMO 55042 1302921230074 $ 13,000,00 1 2 LOHMANN JAMES E 3610 LAKE ELMO AVE N LAKE ELMO 55042 1302921230044 $ 13,000.00 1 3 STROM SCOTT R & TERRI A 3582 LAKE ELMO AVE N LAKE ELMO 55042 1302921230041 $ 13,000.00 1 4 WICKER WILLIAM & CECELIA 11079 35TH ST N LAKE ELMO 55042 1302921230069 $ 13,000.00 1 5 EISELEJON G & SHELLEYJ 11094 3STH ST N LAKE ELMO 55042 1302921230032 $ 13,000.00 1 6 SCHILTZ GREGORY & COLLEEN 11098 34TH ST N LAKE ELMO 55042 1302921320023 $ 13,000.00 1 7 KNOWLAN INVESTMENTS LLC 3546 LAKE ELMO AVE N LAKE ELMO 55042 1302921230038 $ 13,000.00 1 8 WILLIAM C HJELMGREN TRS 3524 LAKE ELMO AVE N LAKE ELMO 55042 1302921230037 $ 13,000.00 1 9 LAKE ELMO INN INC 3514 LAKE ELMO AVE N LAKE ELMO 55042 1302921230036 $ 13,000.00 1 10 HERREID DAVID & WALMER DAPHNE 3476 LAKE ELMO AVE N LAKE ELMO 55042 1302921320021 $ 13,000.00 1 11 LAKE ELMO INN INC 3442 LAKE ELMO AVE N LAKE ELMO 55042 1302921320046 5 299,000.00 23 12 WEEKS BARRY E & ELLIS KATHLE 3647 LAKE ELMO AVE N LAKE ELMO 55042 1302921230047 $ 13,000,00 1 13 SCHUMACHER KURT & APRIL C 3625 LAKE ELMO AVE N LAKE ELMO 55042 1302921230048 $ 13,000.00 1 14 ALBRECHT ANDREA 3603 LAKE ELMO AVE N LAKE ELMO 55042 1302921230050 $ 13,000.00 1 15 JOSHUA TAYLOR ENTRPRS LLC 3394 LAKE ELMO AVE N LAKE ELMO 55042 1302921320001 $ 52,000.00 4 16 JOSHUA TAYLOR ENTRPRS LLC 3390 LAKE ELMO AVE N LAKE ELMO 55042 1302921320005 $ 13,000.00 1 17 PLATINUM ENTERPRISES LLC 3417 LAKE ELMO AVE N LAKE ELMO 55042 1302921320032 $ 13,000.00 1 18 LANG SUSAN C 3405 LAKE ELMO AVE N LAKE ELMO 55042 1302921320033 $ 13,000,00 1 19 FOX SCOTT JAMES & MARGIE 3380 LAKE ELMO AVE N LAKE ELMO 55042 1302921320004 $ 13,000.00 1 20 GRACZYK MICHAEL EDWARD & VICKI 3360 LAKE ELMO AVE N LAKE ELMO 55042 1302921320002 $ 13,000,00 1 21 SWAN MICHAEL D & CHLOE 1 3348 LAKE ELMO AVE N LAKE ELMO 55042 1302921320056 $ 13,000.00 1 22 SCHNEIDERJOHN L & SUSAN I ROTHER 3326 LAKE ELMO AVE N LAKE ELMO 55042 1302921320055 $ 13,000.00 1 23 KUBITSCHEK RICHARD 3308 LAKE ELMO AVE N LAKE ELMO 55042 1302921320057 5 13,000.00 1 24 ENGDAHL ANNE T & STEVEN 1 3296 LAKE ELMO AVE N LAKE ELMO 55042 1302921320059 $ 13,000.00 1 25 HENSON GORDON D & JAYNE E 3276 LAKE ELMO AVE N LAKE ELMO 55042 1302921320091 $ 13,000.00 1 26 ENGSTROM BRUCE R 3258 LAKE ELMO AVE N LAKE ELMO 55042 1302921320084 $ 13,000.00 1 27 SMITH CONSTANCE K 3200 LAKE ELMO AVE N LAKE ELMO 55042 1302921330043 $ 13,000.00 1 28 KOHN THEODORE M & ELLEN E 3160 LAKE ELMO AVE N LAKE ELMO 55042 1302921330020 5 13,000.00 1 29 DORSCHNER DALE F & LISA M 3150 LAKE ELMO AVE N LAKE ELMO 55042 1302921330018 $ 13,000.00 1 30 BANISTER FREDERICK J & CAROL 3100 LAKE ELMO RD N LAKE ELMO 55042 1302921330019 $ 13,000.00 1 31 JOHNSON GEORGE E & SUSAN W 3070 LAKE ELMO AVE N LAKE ELMO 55042 1302921330001 5 13,000.00 1 32 ZDECHLIK MARK T 3078 LAKE ELMO AVE. N LAKE ELMO 55042 1302921330004 $ 13,000.00 1 33 WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS 3060 LAKE ELMO AVE N LAKE ELMO 55042 1302921330002 $ 13,000.00 1 34 LEONARD JAMES & AMANDA SUE FLOERKE 3012 LAKE ELMO AVE N LAKE ELMO 55042 1302921330003 $ 13,000.00 1 35 GUNDERSON MARLON 0 & JULIE BUNN 2986 LAKE ELMO AVE N LAKE ELMO 55042 2402921220009 $ 13,000.00 1 36 BUTENHOFF BONNIE I 2976 LAKE ELMO AVE N LAKE ELMO 55042 2402921220014 $ 13,000.00 1 37 HARTMEISTER KATHLEEN T 3385 LAKE ELMO AVE N LAKE ELMO 55042 1302921320034 $ 13,000.00 .1 38 ANDERSON RUSSELL W & PATRICIA J 3373 LAKE ELMO AVE N LAKE ELMO 55042 1302921320035 $ 13,000,00 1 39 NEUMANN MARTIN 1 & SILBY K 3351 LAKE ELMO AVE N LAKE ELMO 55042 1302921320036 $ 13,000.00 1 40 DEGREE THOMAS M 3337 LAKE ELMO AVE N LAKE ELMO 55042 1302921320037 $ 13,000,00 1 41 DONALD J BAKER TRS 3303 LAKE ELMO AVE N LAKE ELMO 55042 1302921320038 $ 13,000,00 1 42 HELMS CATHERINE 3287 LAKE ELMO AVE N LAKE ELMO 55042 1302921320039 $ 13,000,00 1 43 HAWTHORNE TRENTON 1 & AMANDA L 3217 LAKE ELMO AVE N LAKE ELMO 55042 1302921330007 $ 13,000.00 1 44 SACHS RICHARD.) JR 3203 LAKE ELMO AVE N LAKE ELMO 55042 1302921330006 $ 13,000,00 1 45 DUPIUS LUC M & ROCHELLE M MCCUNE 3151 LAKE ELMO AVE N LAKE ELMO 55042 1302921330009 $ 13,000.00 1 46 DUPIUS LUC M & ROCHELLE M MCCUNE 3131 LAKE ELMO AVE N LAKE ELMO 55042 1302921330011 $ 13,000.00 1 47 DUPIUS LUC M & ROCHELLE M MCCUNE 3109 LAKE ELMO AVE N LAKE ELMO 55042 1302921330041 $ 13,000.00 1 48 MCCUNE WESLEY 5 3095 LAKE ELMO AVE N LAKE ELMO 55042 1302921330012 $ 13,000.00 1 49 SCHMIDT BRUCE C 3063 LAKE ELMO AVE N LAKE ELMO 55042 1302921330014 $ 13,000.00 1 50 WILLIAMS TODD R & MARJORIE F 3025 LAKE ELMO AVE N LAKE ELMO 55042 1302921330016 $ 13,000.00 1 51 JOHNSON STEPHEN D 2965 LAKE ELMO AVE N LAKE ELMO 55042 2402921220011 $ 13,000.00 1 52 JOHNSON ELIZABETH M 2945 LAKE ELMO AVE N LAKE ELMO 55042 2402921220019 $ 13,000,00 1 53 SWANSON MICHELLE E 2929 LAKE ELMO AVE N LAKE ELMO 55042 2402921220020 5 13,000.00 1 54 JOHNSON STEPHEN D & CHERYL A NORDQUIST 2915 LAKE ELMO AVE N LAKE ELMO 55042 2402921220021 $ 13,000.00 1 55 WILLIAMS TODO R & MARJORIE F LAKE ELMO 55042 1302921330017 $ 13,000.00 1 56 JOLLYMORE GARY M 2989 LAKE ELMO AVE N LAKE ELMO 55042 2402921220012 $ 13,000.00 1 57 ASHLEYJULIA M 11205 30TH ST N LAKE ELMO 55042 2402921220010 5 13,000,00 1 58 KRESSIN JEROME & VIRGINIA FREER 11217 30TH ST N LAKE ELMO 55042 2402921220017 $ 13,000.00 1 59 LACHLER-JOHNSON SUSAN E 11227 30TH ST N LAKE ELMO 55042 2402921220005 $ 13,000.00 1 60 MAllARA MICHAEL/ 11259 30TH ST N LAKE ELMO 55042 2402921210004 $ 13,000.00 1 61 WEHKING TERRY J & ROY 11291 30TH 5T N LAKE ELMO 55042 2402921210002 $ 13,000.00 1 62 DIETHERTJACK R & NANCYJ 11307 30TH ST N LAKE ELMO 55042 2402921210006 $ 13,000.00 1 63 METCALF MARK G & HEATHER R 11333 30TH ST N LAKE ELMO 55042 2402921210007 $ 13,000.00 1 64 DANIELSON TIMOTHY 1 & DIANA M 11357 30TH ST N LAKE ELMO 55042 2402921210008 $ 13,000.00 1 65 JAHNKE ROLAND J & SHIRLEY A 11377 30TH ST N LAKE ELMO 55042 2402921210010 $ 13,000.00 1 66 LECY JOHN K & HARPER DAVID E 11397 30TH ST N LAKE ELMO 55042 2402921210009 $ 13,000.00 1 67 KNOWLAN KAREN U 11443 30TH ST N LAKE ELMO 55042 2402921210012 $ 13,000.00 1 68 GARNER DONALD] & JERILYN 2988 LEGION AVE N LAKE ELMO 55042 2402921210016 $ 13,000.00 1, 69 PERTZ ANDREW J 11256 30TH ST N LAKE ELMO 55043 1302921340032 $ 13,000.00 1 70 ARNDT RICHARD W 11280 30TH ST N LAKE ELMO 55042 1302921340009 5 13,000.00 1 71 SWANSON RONALD V & BARBARA J 11316 30TH ST N LAKE ELMO 55042 1302921340008 $ 13,000.00 1 72 RYBERG PAUL A& CANDACE Q 11326 30TH ST N LAKE ELMO 55042 1302921340010 $ 13,000.00 1 73 GLANZER JARVIS & JANE 11356 30TH ST N LAKE ELMO 55042 1302921340007 $ 13,000,00 1 TOTAL $ 1,274,000 00 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: REGULAR ITEM May 3, 2016 11 CSAI-1 17 (Lake Elmo Avenue) Phase 1 and 2 improvements — Resolution Approving Revised Cooperative Agreement with Washington County Jack Griffin, City Engineer Kristina Handt, City Administrator Cathy Bendel, Finance Director Sarah Sonsalla, City Attorney Chad J. Isakson, Project Engineer SUGGESTED ORDER OF BUSINESS: Introduction of Item ............. .......... ......... City Engineer Report/Presentation ............ ......... ..... ...... County Project Manager Questions from Council to Staff Mayor Facilitates Call for Motion ...... ..... Mayor & City Council Discussion ....... ..... ..... ..... .. ...... Mayor & City Council Action on ..... ..... Mayor Facilitates SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider a Resolution Approving a Revised Cooperative Agreement with Washington County for the County State Aid Highway 17 (Lake Elmo Avenue) Phase 1 and 2 Improvements. LEGISLATIVE HISTORY: Using updated cost data, including an "Estimate -to -Completion" for the Phase 1 Improvements, and contractor bids for the Phase 2 Improvements, Washington County has prepared Cooperative Agreement 10196 and is asking the Council to approve the Agreement with the intent of replacing the previous Cooperative Agreement 9660. 'Elie Cooperative Agreement sets forth the provisions that authorizes the County to implement the improvements including engineering design, construction administration, testing, right-of-way and easement acquisition, including the use of eminent domain, and retaining a contractor for project construction. The Agreement further outlines the City's obligations for cost participation including -- page 1 -- City Council Meeting May 3, 2016 [Regular Agenda [ton 111 payment terms and schedule. The costs remain estimated for the purpose of the Cooperative Agreement, however the costs are much better known at this time after receiving contractor bids for all improvements and with the Phase 1 construction and easement/right-of-way acquisition close to being completed. Representatives from Washington County intend to be present at the Council meeting to be available to further detail requested changes and to answer any questions. BACKGROUND: The City Council approved a resolution of support for the County State Aid Highway 17 (Lake Elmo Avenue) Phase 1 improvements at the February 5, 2015 council meeting, and approved concurrence to award a construction contract following a public improvement hearing held on June 9, 2015. Also at the June 9, 2015 meeting, the City Council approved Cooperative Agreement 9660 with Washington County to authorize the County to implement the improvements. The costs were estimated for the purpose of the Cooperative Agreement, based on contractor bid prices for the Phase 1 improvements, preliminary design estimates for the Phase 2 Improvements, and estimated costs for design, construction administration and oversight, and estimated easement/right-of-way acquisition costs. The City Council approved a resolution of support for the preliminary layout for the County State Aid Highway 17 (Lake Elmo Avenue) Phase 2 Improvements at the April 21, 2015 council meeting. Washington County and its design consultant, SEH, then proceeded with the final design which was presented to the Council at the February 16, 2016 council meeting. The project was then advertised for bids with contractor bids being received on April 5, 2016. RE COMMENDATION: Staff is recommending that the City Council approve Resolution 2016-XX Approving a Revised Cooperative Agreement with Washington County for the State Aid Highway 17 (Lake Elmo Avenue) Phase 1 and 2 Improvements. The recommended motion for the action is as follows: "Move to approve Resolution No. 2016-36 approving Cooperative Agreement 10196 Ivith Washington County for the County State Aid Highway 17 (Lake Elmo Avenue) Phase 1 and 2 Improvements." ATTACHMENT(S): 1. Resolution Approving Cooperative Agreement 10196. 2. Cooperative Agreement 10196, 3. Exhibit A — Project Location Map. 4. Exhibit B CSAH 17 Phase 1 Costs. 5. Exhibit C — CSAH 17 Phase 2 Costs. -- page CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-36 A RESOLUTION APPROVING COOPE TIVE AGREEMENT 101.96 WITH WASHINGTON COUNTY FOR THE COUNTY STATE AID HIGHWAY 17 (LAKE ELMO AVE) PHASE 1 AND 2 IMPROVEMENTS WHEREAS, the County intends to construct an improvement project on both County State Aid Highway (CSAH) 10 and County State Aid Highway (CSAH) 15 in the City of Lake Elmo, hereinafter referred to as the "Project"; and WHEREAS, the County reconstructed in 2015, as Phase 1 of this project, a portion of the City streets; Upper 33rd Street North, 36th Street North, and Laverne Avenue in downtown Lake Elmo as shown on Exhibit A; and WHEREAS, the County intends to reconstruct in 2016, as Phase 2 of this project, CSAH 17 (Lake Elmo Avenue) from Trunk Highway (TH) 5 to 30th Street, a portion of 30th Street North in the downtown Lake Elmo, 36th Street west of CSAH 17, 35th Street west of CSAH 17, and 34th Street west of CSAH 17 as shown on Exhibit A; and WHEREAS, the right of way, preliminary design, final design, construction inspection/acninistration and construction cost estimates for Phase 1 have been prepared by the County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and WHEREAS, the right of way, preliminary design, final design, construction inspection/administration and construction cost estimates for Phase 2 has been prepared by the, County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and WHEREAS, the City desires to use local and state aid funds for these improvements, the State Aid Project number for Laverne Ave is SAP 201-106-001, the City Project number is 2014-137, the State Aid Project number for 30th Street is SAP 206-108-002; and WHEREAS, the County desires to use local and state aid funds for these improvements, the State Aid Project number for CSAH 17 (Lake Ehno Avenue) is SAP 082-617-007 and 082-617-013; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the right of way acquisition, preliminary and final design, construction inspection/administration and construction cost; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW, THEREFORE, BE IT RESOLVED, Resolution No. 201.6-36 1. That Cooperative Agreement 10196 between the City of Lake Elmo and Washington County is hereby approved and the Mayor and City Administrator are hereby authorized execute the agreement on behalf of the City of Lake Elmo. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON TIIE THIRD DAY OF MAY, 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-36 2 COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY FOR I T C.1_14114.IIRY -DESIGN,- FIN:AI._ INI:S14;Nr CONSTRiJO.TIO spE;:poNfAoMiNis1 RATION AND ,f;', ON TRU TIO N.-C; 0:33 in- 00 NI:, STATE -,A q_"0 AI/ 1 C o uNT ySTATE AD 1r7 11W A `e SPA 1 P THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", shall consist of this agreement, Exhibit A (Project Location Map), Exhibit B (Phase 1 Costs), and Exhibit C (Phase 2 Costs), Gissinis Co ssSi, WITNESSETH: WASHINGTON COUNTY CONTRACT NO. DEPT, PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATERE COMPLETION WHEREAS, the County reconstructsi..iii,...A as Phase 1 of this project, a portion of the City streets; Upper 33'd Street North, 361" Street North, and Laverne Avenue in downtown Lake Elmo as shown on Exhibit WHEREAS, the County intends to reconstruct is as Phase 2 of this project, CSAH 17 (Lake Elmo Avenue) from is= S..:i to 301" Street and a portion of 30"' Street North., S 17 in the downtown Lake Elmo as shown on Exhibit A; and WHEREAS, the right of way, preliminary design, final design, construction inspection/administration and construction cost estimates for Phase 1 have been prepared by the County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and WHEREAS, the right of way, preliminary design, final design, construction inspection/administration and construction cost estimates for Phase 2 has been prepared by the County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and WHEREAS, the City desires to use local and state aid funds for these improvements, the State Aid Project number for Laverne Ave is SAP 201-106-001, the City Project number kiiissiiriiissi„ is 2014- 137, the State Aid Project number for 301" Street is SAP 206-108-002; and WHEREAS, the County desires to use local and state aid funds for these improvements, the State Aid Project number for CSAH 17 (Lake Elmo Avenue) is SAP 082-617-007„ 7 and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the right of way acquisition, preliminary and final design, construction inspection/administration and construction cost; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE 1. The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. Page 1 of 8 2. The Parties agree that Aoroomor0. No. ";01';:-..:;00-cr!t;;;;,;;;,:ii.. terminates and supersedes Cooperative Agreement No.U9S),Ity2eirsr) P;;r3;1;;:,s, jur;;-..;.; 23, 2.0 ;5 ;A;;;Ii,..;t; suck,..-Lrotfo';; ter;;;;;N;r:Nod (1..2,;;;Doo;.;;;;;;;;;; ;;;-0,-.02;;Noelli ?,;.-1o. 9155 beZ.,-P''W B. PLANS AND SPECIFICATION PREPARATION The County ctshatI be responsible for the preparation of the necessary plans and specifications, including compliance with Minnesota State Aid requirements and all other applicable standards and policies and obtaining all approvals required in arriving at the bid specifications for all components of this project. C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent right-of-way, permanent easements, and temporary construction easements. All permanent rights -of -way, permanent easements, and temporary construction easements will be acquired in the name of the County. 2. Any rights -of -way, permanent easements, and temporary construction easements that cannot be obtained through negotiation will be acquired by the County through eminent domain proceedings. 3. Upon completion of the project, title to permanent right-of-way for and adjacent to City streets and permanent easements for storm water storage and water quality treatment within the City will be conveyed to the City. D. ADVERTISEMENT AND AWARD OF CONTRACT 1. After plans and specifications for all components of this project have been approved, all permits and approvals have been obtained, and any necessary rights -of -way and easements have been acquired, the County shall advertise for construction bids or quotes. 2. Once bids are received, the City will be given the opportunity to review and evaluate the bid and provide City Council concurrence on the approval of the bids. Once City concurrence is provided, the County shall award the contract to the lowest responsible bidder. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING Construction administration, inspection, observation, and testing for the project will be performed by the County's contracted consultant,saed)w2)-i4e F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS The estimated cost participation breakdown is in accordance with C 1,iv' aln ilr I:-;;;;;01-f.;;;;;c2D-D,P2A,P;;;;;; CN 12;.;.;;;4.1;;;;; RIGHT OF WAY & EASEMENTS 2. i. The City shall pay to the County 100 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary slope easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for roadway, utility, and drainage construction work Page 2 of 8 Formatted: Numbered + Level: 1 + Numbering Style: L, 2, 3, .„ + Start at: 1 + Alignment'. Left + Aligned at: 0.25" + Indent at: 0.5' ..,.„ " Formatted: Indent: Left: 0.5", No bullets cr numbering on 30Th Street North, Upper 33rd Street North, ,36''' Street North, and Laverne Avenue, "--; The City shall pay to the County 50 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary slope easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for construction work on the regional drainage pond. The City shall pay to the County 55 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary construction easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for roadway, utility, and drainage construction work along CSAH 17 (Lake Elmo Avenue), from 30' Street North to 54. Actual right of way costs shall be determined at the conclusion of the acquisition process. The City shall be responsible to pay for the actual costs of the aforementioned acquisition costs - DESIGN. CONSTRUCTION INSPECTION/ADMINISTRATION SERVICES. 8, CONSTRUCTION COSTS The City shall pay the County 91.2 percent of the cost invoiced to the County from the County's consultant for PRELIMINARY DESIGN of Phase 1 of the project, The City shall pay the County percent of the cost invoiced to the County from the County's consultant for PRELIMINARY DESIGN of Phase 2 of the project. ,L, The City shall pay the County 91.2 percent of the cost invoiced to the County from the County's consultant for FINAL DESIGN of Phase 1 of the project. The City shall pay the County percent of the cost invoiced to the County from the County's consultant for FINAL DESIGN of Phase 2 of the project. L„,. The City shall pay the County 91.2 percent of the cost invoiced to the County from the County's consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 1 of the project, The City shall pay the County j percent of the cost invoiced to the County from the County's consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 2 of the project. The City shall pay the County 91.2 percent of the CONSTRUCTION COSTS for Phase 1 of the project as shown in Exhibit B. The City shall pay the County percent of the CONSTRUCTION COSTS for Phase 2 of the project as shown in Exhibit C. These percentages are subject to change based on actual construction costs. A Total Cost Summary is presented on Table 1. ip-z! innu Y.r.0 Page 3 of 8 Formatted: Superscript Formatted: For,: (Default) Anal, 11 pt Formatted: Normal, Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start et: 1 + i Alignment: Left + Aligned at: 0.25' Indent at: 0.5", Don't hyphenate Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + ' Alignment: Left + Aligned at: 0.25" + Indent at: 0,5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 Alignment: Left + Aligned at: 0.25" + indent at: 0.5" Formatted: Numbered + Level: 1 + ; Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at; 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering, hyphenate Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: I + Alignment; Left + Aligned at: 0.25" + Indent at: 0.5", Keep with next TABLE 1 — TOTAL COST SUMMARY PHASE 1 Right -of -Way and Easements Upper 33' St. N, 36' St. N., and Laverne Ave (100% City Cost) Regional Drainage Pond (50% City Cost) Preliminary Design (91.2% City Cost) r PHASE 2 Right -of -Way and Easements CSAH 17 ( Lake Elmo Ave) (55% City Cost) 30"' St. N. (10006 City Cost) 252 8i D.5 _Fit.] 1 i'5"3 !"04.606.065135663311''' 6!!! .1316504644336-".5606 0703- (35667-71 4636046600 5641 b:•1,(JetT:N',' 03 177 456/ (5767!, 410.7 6, 65 COUNTY COST CITY COST ESTIMATE ESTIMATE 220(013),r 1442(33 ()or 43.P.(X;63:S4 !PS-060:10 37; 0006 ,61;00700 COUNTY COST ESTIMATE 5:50,L.7r006.67;;;Y76!"."7- ;700. 0,5 1 77 262 S 1. , 6 08,6671)3360 ()(1! Page 4 of 8 ,902 4)0 3477.005 60051067! ;34 06 440 7',63 000 60;00 22 i 2.046 06;16220 46.00 ar)88(:/4022 SS2 3014113 60.262 3636_ 06;0760 04;64305 00 sCi S, N,i4,0(::, CITY COST ESTIMATE .71! 376.906113351. 461.00 S1176.550 5') .).„4„, 5363 300,00 t'60-36 48.00 ;"'".4707772'37.66-!"11.,575)22670.07 !!'760145. TOTAL COST ESTIMATE SS Ds 7100 (1323444 :10-66 600,60 i .6030474 40440,44.10 S6,6601' 6146 . 6'666 s 06366:7000 TOTAL COST ESTIMATE 6 .00 3147 560 06,01',. 0:564! 66.00 065 . 66C .06 (6 6 SNI!!! .013,3 3064,51531 - Formatted: Left Formatted: Left Formatted: Left Formatted: Left Formatted: Left Formatted: Left Formatted: Left Formatted: Left Formatted: Left Formatted: Left Formatted: Left ; Formatted: Left Formatted: Left Formatted: Left 660,1 600.1,."7001;17777.6; 1552/, I 711. C SYS 7 , - " Formatted: Left 231211740 r.:1,,1(4. 630; 3 6 7 1 5 7 3 441(411434414424 - 23. '1107 .7146 130 ' Formatted: Left Formatted: Left Phase 2 Total Costs li..•12/.41112..k.. — —, Fial. -5;,,,,',,,P.,,a;...":;.3;,),.aa, .5 ,3 i:.,,......,-0.AJ,...,,,,,,, .4, • ,- - '. - Total Project Project Costs --. „•:„ . • :. '7„. 1-'',?1,- .',,:b1,1-.(,,,...t 1 / ',"tri'157.CC.: G. PAYMENT ' Formatted: Left Formatted: Left Formatted: Left fi'$(4T1 1.4 a )4)4. o(, Formatted: Font: (Default) Arial, 11 pt t„,3t'iltF y G Formatted: Normal, No bullets or numbering Formatted: Normal Right of way, preliminary design, Final design, construction inspection/administration and construction costs for the City's cost share of Phase 1 and 2 projects shall be invoiced by the County to the City with no interest. The payment due dates are presented on Table 2, Date January 15', 2016iD June 151h, 2016 January 15', 2017 June 15', 2017 TABLE 2 — PAYMENT DUE DATES Percentage Estimated Payment 10% of Estimated Phase 1 Total City Cost G()L4 20% of Estimated Phase 2 Total City Cost 80% of Estimated Phase 2 Total City Cost S,,•, ,;`307 fafi a-04:4 .04,', 10 ,,rea Lw &ft 3CThi tor Fnu c.,,,,,;t1n1v *Fab t s tyr tbt,,r1 cis; },ify S, 1a 30 oe4,t(e.{..( of -a( tit' the City is 30 days late on any payment, the entire remaining amount due of the City's cost share (JE..4 ohJsu, will be invoiced to the City with a payment date of September 15,th (of the year of the missed payment). 3. ii0Orn f cord, 0..aaa,!,„/ saa..„,Cj ;aaa a 1t)23 , HN su02r:i o tht.:; Co. Traa qraia, shar;i ado: k"(:.; t3,011,-Atrt.v.t.ofx!. Gortqytc.i tt'IMittqteriertitt.,, i taV 1 artaaual1 tho „,,,t, utie ccot to tt.tttt.ctto,, 3 0 ih(2aay pa,a, taataaa,aga U4,32 p)repa4 pyai pP p;.«t Page 5 of 8 Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0,5", No ladle 5 or numbering Formatted: Normal, No bullets or numbering Formatted: Font: (Default) Anal, 11 pt Formatted Table Formatted: Font: Bold - i Formatted: Keep with next, Don't hyphenate ... . . ..._._ , . .,,,„. . , ..... .....,... I Formatted: Font: (Default) Arial, Nal Bold, Font color: Auto ., ..,...,.. ... Formatted: Not Superscript/ Subscript Formatted: Indent: Left: 0,5", No bullets or numbering, Keep with next, Dont hyphenate Formatted: Keep with next, Don't hyphenate, Formatted: Font: (Default) Anal, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.5", No bullets or numbering, Don't keep with next, Hyphenate Formatted: Font: (Default) Arial, 11 pt 4,;440„444444.4 44,4,4344,,,444:1 _4.44'4,4,0 044,444- 4,404 4 4,4-434 444-4.4444 0..p4444444,4,4444. 4,44'44', 4444 fk,st.,44 Tfsraa-Casasts assas ssfia.si 4,144 Fsassassaals;1fissasiastsies,S, 1S,,ts, v"J v;.") .G.Osy,-caussasaril-Iss-sSes.ssassai- 4 4h-1,4 s..s;.ssaa, aids t In the event that the City paid more in advance than the actual cost of the City's portion of the project, the County shall refund without interest the amount to the City, H. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS find S 111:1e. n s'aut 1R:sn I.:sant:ref:7,, as-ud a Sass,,.'1 sosassnardsra isss s-sssau La. Sas (a...asSrasa,.L cassi Cu /drrm „:ha s; bs, i„s., fda si ad' set ion SIcas ms-sae.*,C-34:44n-F4-Sal, ;Z4,f C/a ,::erlcsa.ass-saassa4 ;Gs., '60 ,:.u.t..assassass,sty....asssASied-ssassas4cis-ai'ts-Vassaficsal-s-;Soffssve'S issrsdas ass .1-ay -a-a-a:Fla-Is rt. ssdrass-s-N,,, -t S,,assassassrsa&&tsusscsissaassssaat sad,vass sass saa, Ssaasa 'ass ft41,1 I. LIQUIDATED DAMAGES Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages, J. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers, K. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2, The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they Page 6 of 8 shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471,59, subd. la(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. la. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law, The parties agree that liability under this Agreement is controlled by Minnesota Statute 471,59, subdivision la and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466,04, subdivision 1(a), L. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. M. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mike Pearson Board of Commissioners Mayor I Molly O'Rourke Date Date County Administrator City Administrator Page 7 of 8 Date Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 8 of 8 COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE EL08O AND VVASHINGT0NCOUNTY FOR COUNTY STATE wASmwsnrwoouwrY CONTRACT NO. m�oo AID HICSHWA��/���AH17\��fASE��&Q ` ' ospr PUBLIC WORKS ow/amw Tn*w3rooT^now THIS AGREEK8ENT, by and between the City ofLake Bnno. a Tsmm o/uwxmnr cowpenow municipal corporaUOn, herein after referred tn as the ''Cih/". and Washington COunh/, a political subdivision of the State of K4inneoota, hereinafter referred to as the "County''.shall consist ofthis agreement, Exhibit A(Project LnnaUonyWap).ExhibitB(Phase1 Costs), and Exhibit /Phaso2 Costs), "Washington County Cost Participation PV|icy#bOQ1 for Cooperative Highway Improvement Projects" which is incorporated into this agreement by reference. VVHEREAS. the County reconstructed in 2015. an Phase 1 ofthis project, e portion nfthe Cdvstreets; Uppar33m Street North, 3OmStreet North, and Laverne Avenue in downtown nhovvn Lake Elmo as shown' on Exhibit A; WHEREAS, the County intends toreconstruct in2O1D.aaPhase 2ofthis project, COAH17(LakeBnn0 Avenue) from County State Aid Highway 14(Old Trunk Highway 5\tV30'h Street and mportion of30m Street North, 35m west Street nfCSAH17.35 m Street west ofC8AH17.and 34mStreet west nf[SAH 17inthe downtown Lake Elmo ooshown onExhibit A;and WHEREAS, the right of way, preliminary design, final design, construction inspection/administration and construction cost estimates for Phase 1 have been prepared by the County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and WHEREAS, the right of way, preliminary design, final design, construction inspection/administration and construction cost estimates for Phase 2 has been prepared by the County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and WHEREAS, the City desires to use local and state aid funds for these improvements, the State Aid Project number for Laverne Ave is SAP 201-106-001, the City P'ectnunnberis3O14'137.thwSto<e Aid Project number for m Street is SAP 206-108-002; and WHEREAS, the County desires to use local and state aid funds for these improvernen\n. the State Aid Project number for CSAH 17 (Lake Elmo Avenue) is SAP 082-617-007, and 082-617-013; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the right of way ecquisition, preliminary and final design, construction inspection/administration and construction cost; and VVHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 1O217sub.1and Minnesota Statute 471.58. NOW THEREFORE, AT|SHEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. 2. The Parties agree that Agreement No. 10196tnmnhletea and supersedes Cooperative Agreement No. 9660 between the Parties, dated June 23, 2015 which superseded and terminated Cooperative Agreement No. 0155. Page 1 of 7 B. PLANS AND SPECIFICATION PREPARATION The County shall be responsible for the preparation of the necessary plans and specifications, including compliance with Minnesota State Aid requirements and all other applicable standards and policies and obtaining all approvals required in arriving at the bid specifications for all components of this project. C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent right-of-way, permanent easements, and temporary construction easements. All permanent rights -of -way, permanent easements, and temporary construction easements will be acquired in the name of the County. 2. Any rights -of -way, permanent easements, and temporary construction easements that cannot be obtained through negotiation will be acquired by the County through eminent domain proceedings. 3. Upon completion of the project, title to permanent right-of-way for and adjacent to City streets and permanent easements for storm water storage and water quality treatment within the City will be conveyed to the City. D. ADVERTISEMENT AND AWARD OF CONTRACT 1. After plans and specifications for all components of this project have been approved, all permits and approvals have been obtained, and any necessary rights -of -way and easements have been acquired, the County shall advertise for construction bids or quotes. 2. Once bids are received, the City will be given the opportunity to review and evaluate the bid and provide City Council concurrence on the approval of the bids. Once City concurrence is provided, the County shall award the contract to the lowest responsible bidder. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING 1. Construction administration, inspection, observation, and testing for the project will be performed by the County's contracted consultant. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS The estimated cost participation breakdown is in accordance with "Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects", which is incorporated into this agreement by reference. RIGHT OF WAY & EASEMENTS The City shall pay to the County 100 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary slope easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for roadway, utility, and drainage construction work on 30th Street North, Upper 33rd Street North, 35th Street North, 36th Street North, and Laverne Avenue. 2. The City shall pay to the County 50 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary slope easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for construction work on the regional drainage pond. Page 2 of 7 3. The City shall pay tothe County 55percent ofthe cost ofall permanent right-of-way, permanent utility and/or drainage easements, temporary construction easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for roadway, utility, and drainage construction work along CSAH 17 (Lake Elmo Avenue), from 30'� Street North to CSAH 14. 4. Actual right of way costs shall be determined at the conclusion of the acquisition process. The City shall be responsible to pay for the actual costs of the aforementioned acquisition costs in accordance with this agreement. DESIGN. CONSTRUCTION INSPECTION/ADMINISTRATION SERVICES, & CONSTRUCTION COSTS 1. The City shall pay the County O1.2percent Vfthe cost invoiced tothe County from the Counb/s consultant for PRELIMINARY DESIGN of Phase 1 of the project. The City shall pay the County 50.1 percent of the cost invoiced to the County from the County's consultant for PRELIMINARY DESIGN 0fPhase 2ofthe project. 2. The City shall pay the County R12percent ofthe cost invoiced b)the County from the Cuunh/'s consultant for FINAL DESIGN ofPhase 1 ofthe project. The City shall pay the County 5O.1 percent of the cost invoiced to the County from the County's consultant for FINAL DESIGN of Phase Zofthe project. 3. The City shall pay the County 91.2 percent of the cost invoiced to the County from the County's consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 1 of the project. The City shall pay the County 55.1 percent Vfthe cost invoiced hzthe County from the Coun\y's consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 2 of the project. 4. The City shall pay the County an estimated 91.2 percent of the CONSTRUCTION COSTS for Phase nfthe project oashovvninExhibitB. The City shall pay the County anestimated 58,1 percent ofthe CONSTRUCTION COSTS for Phase 2ofthe project osnhovvninExhibitC. These percentages are subject to change based on actual construction costs. A Total Cost Summary is presented on Table 1. 5. The final costs for construction will be based on actual unit prices and quantities used on each phase. Page 3 of 7 TABLE 1—TOTAL COST SUMMARY ' COUNTY COST CITY COST TOTAL COST ESTIMATE ESTIMATE ESTIMATE Right -of -Way and Easements Upper 33mSt. N.35mSt. N,and Laverne Ave (1U0% City Cost) Regional Drainage Pond (5094City Cost) Preliminary Design (81.2% City Cost) Final Design (81.296 City Cost) Mo|dVista Photos Precondition Survey (O1�2Y6City Cost) Construction Inspection/ Administration (912% City Cost) Construction (un1.U1.296City Cost) Phase Total Costs PHASE2 FUght-nf4Wuyand Easements $577.095.00 $577.095J00 $1.154,100,00 $11.844.00 $119.758�00 $131'600.00 $21.011.00 $212.449�00 $233.460D0 $5.860,00 N/A $5.900.00 $2.388�80 %24.745.00 $27.133.00 $28.568,00 %268.832.00 $295.200.00 $400.266.00 $4.202.335.00 $4.608.001.00 s1.051.132.00 $5.556.914.00 $8.608.048.00 -__' — _--- COUNTYCOST CITY COST TOTAL COST ESTIMATE ESTIMATE ESTIMATE _ CSAH17(Lake Elmo Ave) $128.142�00 | $150.61&00 $284.760J30 (»6 UxyLom/ 3O*St. N(1UU96City Cost) NIA $147.550,00 $147.550�00 35p8LN.&30*8tN.(1OU%City N/A $55.000.00 $55.000.00 Cost) Preliminary Design (58.1%City Cost) $83.147.00 $106.25300 $180.400.00 Final Design (50,1%City Cost) $202.379�00 $250'821.00 $401.000.00 Precondition Survey Estimated Cost $17.173,00 $10.000.00 $27.17100 Construction Inspection/ Administration (58]96City Cost) Construction (est. 56.1 % City Cost) $253.830.00 $324370.08 $578.200�00 $2.703.007.00 $3.458.439.00 s8.182.04080 % Construction Contingency $189.2521)0 $242.091D0 $431'343.00 (est. 50.1%City Cost) Total Project Costs $4,628,662.00 $10.315.850.00 $14.844.518.00 1, Right of way, preliminary design, final design, construction inspection/administration and co/atruchoncostsfortheQh/nnnotshanaofPhnse1 and 2projects ohaUbeinvniCedbythe County tothe City with nointerest. The payment due dates are presented onTable 2. Page 4 of 7 Date January 15"'.2O18-PAID June 15w.2O1O January 15p.2017 June 15m.2O17 TABLE 2— --NTDUE DATES Percentage 1D%ofEstimated Phase 1 Total City Cost Remaining Estimated Phase 1 Total City Coot 2OY6ofEstimated Phase 2Total City Cost 8UY6ofEstimated Phase 2Total City Cost Estimated Payment $498.866.35 $5,058,047.67 $951.788.00 $3.807.154.00~ * A final invoice will be issued to the City for the City's share of any costs incurred related to the project during the warranty period. 2. The City and County shall reconcile invoices and supporting documentation prior to the County submitting eninvoice hothe City. Once the reconciled invoice iasubmitted, the City shall pay the invoice infull within 3Odays. /fthe City in3Odays late onany payment, the entire remaining amount due of the City's cost share per phase, will be invoiced to the City with a payment date ofSeptember 15th(of the year ofthe missed poynoonU. 3. The costs for Phase 1 reflect to -date construction costs plus an estimated cost to nnnnp|e[e. 4. The costs for Phase 2reflect the lowest responsible bid, Upon completion ofPhase 2 construction, the County shall prepare a final cost participation summary and submit to the City, The County shall add to the City's final construction costs, construction contract amendments, any necessary adjustments for liquidated dannages.onddeductCih/fundopnavioun|ymdvonced for the project by the Qty. 5. If the amount of the total of the payments made by the City pursuant to Section G is less than the actual cost (othe City ofits portion Vfthe Project, th*Cih/agnaonbopaythediffenanne between the estimated amount paid by the City and the actual cost of the City's portion of the O. In the event that the City paid more in advance than the actual cost of the City's portion of the project, the County shall refund without interest the amount tothe City. M. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS Any modifications oradditions tothe final approved plans and/or specifications ofthe Qb/o portion of the p 'eotshaUbonnadnpa�ofthecono<nuctionoon�mct through avvr�tnn ' amendment to the construction contraot, but only after concurrence by the City Administrator, and the cost for such changes shall be appropriated as set forth in Section F of this Agreement, LIQUIDATED DAMAGES Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective bzba| share of construction work to the total construction cost without any deduction for liquidated damages. J. CIVIL RIGHTS AND NOWC}|SCRUK8|NATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part ofany Agreement entered into by the parties with any contractor subcontractor, or material suppliers. Page 5 of 7 K. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and allliability, |oss. donnageu, costs and expenses which the County may hereafter sustain, incur or be required d to pay by reason of any negligent act by the Qh/, its egents, officers or employees during the performance ofthis agreement. 2� The County agrees that itwill defmnd, indemnify and hold harmless the City against any and all |\abiUh/. |oso, dannages, costs and expenses which the City may hereafter sustain, incur orbe required to pay by reason of any negligent act by the County. its agmnts, officers or employees during the performance ofthis agreement. 3, To the fullest extent permitted by law, actions by the parties to this Agreement an*inhandodt0 be and shall be construed as a "cooperative ocUvih/" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of habi|ih/, as set forth in Minnesota Statutes, Section 471.59. subd. 1a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59. subd. 1a. 4. Each partvs|iebi|hvshaUbegoverned bvthe provisions ofy�innesmhaShab4es.(�hepter406 and other applicable law. The parties agree that liability under this Agreement in controlled by Minnesota Statute 471.5S.subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1 (a). L. DATA PRIVACY All data coUe:tod, created, renmived, maintained, or disseminated, orused for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, W1\nnesotaStatutes 1S84.Section 13,01.etseq. orany other applicable state Statutes and state rules adopted to implement the Act, as well as state statutes and federal naQu|mdonn on data privacy. M. CONDITIONS The City shall not assess nrotherwise recover any portion ofits cost for this project thnough|evy onCounty-owned property. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized Page Oof7 officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mike Pearson Board ofCommissioners Mayor Molly O'Rourke County Administrator Approved as to form: KhsdnaHancK City Administrator Assistant County Attorney Date City Attorney Date Page 7 of 7 Project Phases Phase 1 Phase 2 Okc N ;') 1 11 Thie tap ,s the ;esen. of a :1.11i/den and mere:tun:ton of land reengts e; anneer ;n yam,. Washkngnes Thm man shown be Linee ior .e;ennn., mes,b;n9;nr; Cen;,;;; netne Ise Loy inaccien,n, as gton ty Lee I ,A1;.' 11,1\40 Regional Drainage Pond ;Oil 1 SI ti 0 '125 0 25 HSIN 11AY N l'O\NINSHIP WEST 1 AKITLAND NSH1.1) 0 Lake Elino Avenue (CSAH 17) - City of Lake Elino EXHIBIT A Ea Cost Split P885 onsinEction 5158 TAD: ITEM NO. ITEM DESCRIPTION 2571.909 DECIDOUS SIIRLIS 4HT CONI 757701 055014151.5172 0051 2573.502 2573,530 2573533 2573.5,38 25737860 2574.568 2575.5.01 2575,502 2875,502 2575.502 2575.505. 2575.523 2575,523 2575.582 25E2.502 2582502 2582503 SILT FENCE: TYPE MS STORM DRAPE! INLETPRO'l 5015015 SEDIMENT CONTROL LOG TYPE COMPOS: STABILIZED CONSTRuGTION Exo CULVERT ENO CONTROLS FERTILISER TYPE 4 SEEDING SEED MIXTURE 33E762 SEED MIXTURE 352721 SEED MESTURE 385201 SODDING TYPE LAWN EROSION CONTROL PLANRETS CATEGORY 00 EROSION CONTROL BLANKETS CATEGORY 0 HYDRAULIC mATRI0 INDE MULCH 4" SOLID LIME WHITE - EPDXY 4 0OUBLE SOLID ONE YELLow, Epoxy cp06696433.14ARXPIGE 0E7 PREFORM- GP 04 EXHIB1, SAP 206.186-001 (CITY'S STATE AID 05108681 CP 2014437 (ION-PARTICIPATiNG CTTY ITEMS) SAP 082417407 (REGIONAL DRAINAGE} ToTAL TOTAL UNIT IJNIT COST ESTIMATED ESTMIATED ROADWAY DRAINAGE LANDSCAPINGILIGHTING ROADWAY/UTILITY QUANTITY COST 5HR0E $74.65 PLANT 351.20 7 LIE( FT 5200 800 51000 Ou 2 EACH 6085,00 37 64.995.00 LIN FT 52.00 3600 37 200.00 LUAIP QOM 6659() 013. 1 :id 500 00 LACH 2745 00 . , $245,110 POUND 00 53 874 $052 22 ACRE 503,00 7 6541 nu pouND 621 05 360 07.668,06 Rout* 319.90 55 Si 02160 POUND $16.00 67 $960,00 SO YU 85.10 3289 616 67E90 0050 51.35 21691 029 201 88 07/ SO 51,45 9973 914 460.88 PouNa $0,85 3466 32,903.10 E3'6'; Pi 0550 994 6497,00 $1,09 2366 62 350 90 SO ET 518 75 7 414 37.762.50 TOTAL ALTERNATE 1 - 33801 SEWER JACKING 5155,000.00 TOTAL EST1MA-TED QUANTITY - TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST TOTAL ESTIMATED CONSTRUCTION COST 2015 54,411:662,91 $394,976.00 ___...... *0% CONSTRUCTION CONTINGENCY 64,411,552.91 5394,976.00 PRELIMINARY LANDSCAPE DESIGN (11 53,864,00 1.00 $3 854,00 FEASIEJILITY STUDY(2) 54,750.00 1.00 S4,750,09 PRELIMINARY DESIGN - COUNTY (3) 511,044.00 -um 011,544.00 1,00 $66544,00 PRELIMINARY DESIGN -CITY (3) 5119,756.00 100 6110,756 00 FINAL, DESIGN - COUNTY (3) 521,011.00 1.00 5260E00 1,00 $21 011 130 FINAL DESIGN - CITY (31 5212,449.00 1.00 $232,449.90 CONSTRUCTION INSPECTIONJADMIN - COUNTY (3) 526,565,00 100 $26,506,00 TOO $26 558.00 CONSTRUCTION INSPECTION/ADMIN - CITY (3) 5265,632.00 TN $265,632 00 RIGHT-OF.WAY - CITY (4) $91,902.10 100 051,007,10 RIGHT-OF-WAY- REGIONAL DRAINAGE (S) 51,154,190.00 1,00 ST154.190,09 9.50 6571 095.00 LIGHTING (6) $22,200,00 1.00 522,200 00 MULTIVISTA PHOTOS $5,960.00 1.00 65.900.06 1 OD S5,990 00 PRECONDITION SURVEY WORK • COUNTY (3) $2,367,73 100 52.397.23 1 09, $2,387,73 PRECONDITION SURVEY WORK - CITY (3) 624,745.52 TOO 623,745.52 WORK ORDER A1 GEOTEXTILE FABRIC (3) 512,907,5D 1,00 $12.901.50 0.09 31,130,36 WORK ORDER A2 - UPPER 3396 SOIL CORRECTIONS 131 543,935.95 1.60 549,9.3096 0 09 33,895.63 13 2000 $2. 405,08 $4.040 OD 250.00 2938 61E4359.80 1176 5999E0 - 589 $294 50 1643 Et 54300 270 $5 002,50 $524,466,13 5119,982.04 $524,466.13 5119,982.04 0,16 $19.295.23 0.10 $34.235 37 026 $431289.05 6.60 655.1.41 26 0,16 03,767,55 0.91 111 771 Q4 800 $1500,00 14 $2 500,00 1660 33 200.00 1 53 250.00 1 $245.00 874 5403 72 7 6911.00 350 37 57500 _ 55 54,094,30 60 . $1460.00 571 $2.012,10 21631 629.201.95 9973 $14 490,95 2310 $1,963 50 405 $202.60 907 $607,00 t44 32.7E0 00 S155,000.00 515.490.84 63,353,637.90 518,490,84 53,353,637.90 00 33 664 00 1,00 $4,750.011 0,00 3551.31 0.83 549,905.45 0,00 6928 C4 0.93 5117 235.60 ODD 51 236.68 0,83 ' 5220,100.27 0.40 $26.750,80 0,50 5577.095,00 CO 522,200 00 0.00 510.92 0.80 $20 (343.96 0.91 640 527.36 CPS Spit PTAs. 1Mpst Constitst30231,7 TOTAL TAB rrEm NC% MEM DESCRIPTION UNIT UNIT COST ESTIMATED ESTIMATED ROADWAY DRAINAGE LANDSCAPING/LIGHTING ROADWAY/UTILITY QUANTITY COST SAP 206)1004101 {COWS STATE AIO NUMBER} EXHIBIT B CP 2014)137 NORMA RTICIPATING CITY ITEMS) WORK ORDER 43 • LAVERNE AVE SOIL CORRECTIONS (7) WORK ORDER 84 - PONE) BUILDING REMOVAL (3) WORK ORDER (05 -ALLEY SOIL CORRECTIONS (7) WORK ORDER 46 REGIONAL BASIN FENCE (3) WORK ORDER 47 • BYPASS PUMPING (3) WORK ORDER 48 - FIRE STATION PARKING LOT(7( WORK ORDER 49 • BASIN EXCAVATION (3) WORK ORDER 410 ALLEY REVISIONS (7) WORK ORDER 411 -UPPER 13R0 STABILIZING AGG (3) STEVE JOHNSON BUILDING CORRECTIONS TOTAL ESTIMATED PROJECT COST SAP 083761 7407 (REGIONA). DRAINAGE) TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL 10TAL TOTAL TOTAL TOTAL TOTAL ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED ESTIMATED QUANTITY COST auntwart COST QUANTITY COST QUANTITY COST QUANTITY COST $57,165.00 100 857,160 DO 1,00 057 ISE 03 $19,112.90 1.00 2134 12 90 0 09 2 IASI .94 $41,578,65 1 OD 04 4572.65 54 2,500.00 1.00 012,200,00 0.08 81,126.40 1.00 0,50 410,000.0 0 100 810,000 OD 1 00 210 011DAD $36,255.00 1S0 036,255,00 0.08 03,120.53 510,007,10 1.00 S10.007 10 S3,221, TOO 23 281,85 0,09 smi 00 $10,000.00 1.00 210.00000 $6,638,860,24 $1,051,131.88 $759,354.13 $119,982,04 0.51 $17.43000 1,00 $4 570 65 0.01 311 673 60 0.50 0 01 833.005A7 1 00 210,007,10 0 91 82,083,00 TOO 0ID.000.00 $47,434,79 $4,660,957,20 CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT SAP 082-617-013 SAP 206-108-002 BID OPENING, May 5, 2016 ITEM NO, 021.50 ITEM DESCRIPTION MOB IZATION FIELD OFFICE TYPE D JUIAL UNIT QUANTITY UNIT COST LUMP SUM 1 0232,500,00 _ LUMP SUM 1 $20.000.00 TOTAL COST 5232,500,00 520,000.00 2101,501 CLEARING ACRE 2 53,500.001 56,825.00' 2101.502 CLEARING TREE 85 5300,001 525,500.00 2101.506 GRUBBING ACRE 2 52,500.00 $4,875,00 2101.507 GRUBBING TREE 85 J 5250.001 521,250.00 2103,501 BUILDING REMOVAL 2104.501 REMOVE WATER MAIN 2104,501 REMOVE PIPE CULVERTS 2104,501 REMOVE SEWER PIPE JSTORM) 210,1,501 REMOVE CURB & GUTTER 2104,501 REMOVE BITUMINOUS CURB 2104.5011REMOVE WATER SERVICE PIPE 2104,501 REMOVE TRAFFIC BARRIER 2104.503 REMOVE SIDEWALK 2104.503 REMOVE RETAINING WALL 2104,505 REMOVE CONCRETE DRIVEWAY PAVEMENT 2104.505. REMOVE BITUMINOUS DRIVEWAY PAVEMENT 2104.505 REMOVE BITUMINOUS PAVEMENT0(REMOVE BIT WEDGE) 2104,505 REMOVE BITUMINOUS PAVEMENT 2104.509 REMOVE CONCRETE STEPS 2104,509 REMOVE MANHOLE OR CATCH BASIN 2104.509 REMOVE GATE VALVE & BOX 2104,509 REMOVE CURB STOP & BOX 2104,509 REMOVE HYDRANT & VALVE ASSEMBLY 2104,509 REMOVE SIGN TYPE C 2104.509 REMOVE SIGN TYPE SPECIAL 2104.511 2104.513 SAWING CONCRETE PAVEMENT (FULL DEPTH) SAWING BIT PAVEMENT (FULL DEPTH) 2104.521 SALVAGE WOODEN FENCE 2104.523 SALVAGE SIGN PANELS TYPE C 2104,503 ABANDON WATER MAIN 2104.603 REMOVE SEWER PIPE (STORM) SPECIAL 2105,604 GEOTEXTILE FABRIC TYPE V 2106,607 EXCAVATION - COMMON 2106,607 EXCAVATION - SUBGRADE 2106.607 EXCAVATION CHANNEL AND POND 2106,607 COMMON EMBANKMENT' (CV) 2106.607ISELECT GRANULAR EMBANKMENT MOD 5% (CV) 2112.607 SUBGRADE CORRECTION 2115.607 AGGREGATE SURFACING (CV) CLASS 6 2123.5011COMMON LABORER 2123.514,13 CY FRONT END LOADER 2123,610 STREET SWEEPER (WITH PICKUP BROOM) 2123,610 3 CY BACKHOE LUMP SU LIN FT LIN FT LIN 2260 LIN FT 4257 LIN FT 5993 LIN FT 2722 53 SP ET 10709 SO FT 100 SQ YD 22 SO fC1 1618 SO vD 8515 Se YD 29666 EACH 6 EACH 28 30 76 14 61 10 EACH 1 EACH 1 EACH EACH EACH LIN Fl LIN ET LIN FT EACH LIN FT LIN FT $5,000.001 52,00 511,00 20.00 53,00 51,00 52.00 530.00 50.601 56.06 56,75 55,00 $0,04 52.001 5350.001 5450.00 5100,00 550.00 $250.00 530.00 530,00 895 55.00 1568 53.00 150 4 35 50 SP YD 2490 CU YU 15782 CU YD 18855 CU To 921 CU YU 3480 CU YD 19929 CU YD 2926 CU YD HOUR HOUR HOUR HOUR 1 515.00 530.00 5110,00 550.00 53.001 510,00 510,001 510.00 57.00 523.00 535.00 $5,000001 512,802,00 52,277,00J _ 545.200.001 512,771.00 55,993.00 55,444,00 51,590.00,1 56,425,40.1 5600.00 51,539,00 58,090.00 585.15 559,332.00 52,100,00 $12,600.001 53,000.001 53,800.00 53,500.00 51.530.00 5300.00 SAP 082-617013 SAP 206-108-002 CP 2014-37 QUANTITY QUANTITY QUANTITY 0.42851 0.1261 0.4448'1 0,42851 0,1267 0,4448 0.6 0,91 0,45 48, 8 29 0.61 0.9 0,45 48 8 29 207 993 218 5993 53 10709 100 152 651 5496) 22482 6 131 54,475.00 865 $4.704,00 1019 52,250.00 $120.00 53,850.00 52.500.001 S7,470,00 5157,820.00 5185,550.00i 59,210.00 924,350.015 5458,367,00 5102,410,001 654 527.00 517,668.00) 130 $72.00 59,360.00J 130 5165.00 521,450001 250 5140,00 $35,000,00 130 5202.00 526.260.00 150 4 35 50 12448 13182 17481 141361 21211 108 1267 4039 70 821 2603 6360 14-1 21 6401 AP 082-617-013 COST $99,62627 58.5'70.00 52,100,00 $14.400.00j $1,500.001 512.000.00 EXHIBIT SAP 206-108-002 CP 2014-37 COST COST 529,457.75 $103,416.00 52,534.00 58,896,00 53,150.00 51,575,001 $2,400.00 $8,700.00 $2.250.00 51.125.001 $2,000.00 $7,250.00 1 $5,000.00 512,802.00 52,277,00 519,860,00 525.340.00 5654.00 512,117,00 55,993.00 2722 55.444.00 $1.590,00 56,425.40 5660,00 51 026.00 5513,00 146 53,255.00 54,105.00 5730,00 416 554.96 526.031 64.16 824 544,964.00 512,720.00 51,648.00 52,100.00 55,850.00 56.750.00 30 53,00000 76 $3,800,00 14 53,500.00 1 51.380.00 5420.00 530.00 5240,00 560.00 301 54,325.001 379 170 53.057.00 2685 4641, 819,69 1545.33 4754 713 ad 20 ad 20 180 40 80) zoi 52,250,00 5120,00 53,850.00 52,500.00 5150.00 51,137.00 5510,00 2490 57,470,00 649 5124,450.06 $26,850,00 06,490.00. 1032 5131,820.00 546,410.00 510,320.00: 101,31 $8,196.90 51,013.10, 186.67 512,236.00 510,817,31, $1,306.69 1039 5325,128.00 $109,342.0ci 523,897.00, 92 5 74,235.00j 524,955,00 53,220.001 46 52,616.001 514,742.00 55.760.001 01.440,00 52,160,00 30 513,200,001 53,300,00 $4,950.00 30 525.200.001 55,600.00 54,200.00 301 516.160,001 04.040.00 56,060.00,' CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT SAP 082-617-013 SAP 206-106-002 BID OPENING: May 5, 2016 ITEM NO. 2123.610 2123.610, 2211.503 ITEM DESCRIPTION SKID STEER TRACTOR MOUNTED BACKHOE AGGREGATE BASE (CV) CLASS 6 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) 2350.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) 2380.501 TYPESP 12,5 WEARING COURSE MIXTURE I3,C) 2360,501 TYPE SP 9,5 WEARING COURSE MIXTURE (3,C) (WEDGE) 12360.501 TYPE SP 9,5 WEARING COURSE MIXTURE (3.C) (TPAR) 12360503 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) 3.0" THICK (DRIVEWAYS) I (..) UNIT QUANTITY UNIT COST TOTAL COST HOUR 130 5140.00 $18,200.00 HOUR 130 5170,00 522,100 00 CU YD 8925 524.00 5214,200.00 TON 249 50,01 TON 3661 563,50, TON 2700 $63.50 TON 674 $0.01 TON 45 $63.50 SO YD 1642 520 50 . ...... 2401.5011STRUCTURACCONCRET E (1G32) CU YD 16 $260,00 2402.585 PIPE RAILING LIN FT 95 5140.00 2411.602 PRECAST CONCRETE CAP EACH 1 55,750,00 2411,603 CONCRETE STEPS LIN FT 250 567,001 2411.6031CONCRETE STEPS DESIGN SPECIAL LIN FT 57 5159.001 2411.618,IPREFABRICATED MODULAR BLOCK WALL SO FT 1920 560.501 2411.618 A.NTI-GRAFFITI COATING SO FT 1920 53.501 2451.603 CRUSHED ROCK PIPE FOUNDATION 1 2501,515112" RC PIPE APRON I 2501.515 18" RC PIPE APRON 2501,515 21" RC PIPE APRON 2501.515 30" GS PIPE APRON 2501,521157" SPAN CS -PIPE ARCH SEWER 2501.567 57" SPAN GS SAFETY APRON AND GRATE DESIGN 3128 2502.541 6" PERF PVC PIPE DRAIN 2502.541 4" PERF PE PIPE DRAIN 2502.6021CONNECT TO EXISTING PIPE DRAIN 2502.603IDRAINTILE TYPE SPECIAL 2503.511 6" PVC PIPE SEWER 2503.511 8" PVC PIPE SEWER ,(SDR 261, 2503.511 15" PVC PIPE SEWER (SOR 26) 2503.511 15" PVC PIPE SEWER (C-900) IDR-541 AP 082-617-013 SAP 206-108-002 CP 2014-37 QUANTITY QUANTITY QUANTITY 80 20 80 201 5470 52.49 249 5232,473.50 28881 $171,450.00 1927 56.741 398.595 S2,857.50 45 $33,661.00 751 $4.160.00 513,300.00 79 55,750.001 516,750.001 250 59,063.00j 5116.160,001 950 56.720.00) 960 LIN FT 6501 54.00 $26,004.001 I EACH 2 5550.00 51,100.00,1 EACH 1 $670.00 5670.001 EACH 1 5750.00 5750.00 EACH 1 $1,550.00 51,550.00 1 LIN FT 235 5100.00 $23,500,00 129,25 EACH 1 54.800.00 54,800.001 0.55 j LIN FT 330 513.00 $4,290.001 LIN FT 1600 57.00 511,200,001 I EACH 1 5510.00 $510,001 LIN FT 1257 $11.00 513.827.001 LIN FT 25 552.00 51,300.00 LIN FT 3584 550.00 $179,200,00 LIN FT 1760 562.00 8109.120.00 LIN FT 1379 577,00 5106,183,00 165 1600 2503.521 65" SPAN RC PIPE -ARCH SEWER CL liA LIN FT 389 $158,00 $61,462.00 213.95 2503.521j73" SPAN RC PIPE -ARCH SEWER CL IIA LIN FT 255 $174.00 544,370,00 140.25 2503,541 12" RC PIPE SEWER DES 3006 CL IV LIN F T 1548 540.00 561.920.00 545,95 2503,541 15" RC PIPE SEWER DES 3006 CL IV LIN FT 883 541.00 536,203.00 99.9 2503 541.118` RC PIPE SEWER DES 3006 CL IV LIN FT 688 $39.00 $25,832.00 155.1 2503.541121" RC PIPE SEWER DES 3806 CL IV LIN FT 305 542.00 512,818.00 2503.541124" RC 01PE SEWER DES 3006 CL IV LIN FT 78 549,00 53,822,00 2503.541 27" RC PIPE SEWER DES 3006 CL IV LIN FT 150 $58,00 58,700,00 2503.541 54" RC PIPE SEWER DES 3005 CL IV LIN FT 209 $151.00 $31,559.00 2503,602 CONNECT TO EXISTING STORM SEWER EACH 1 51,800,00 $1.800,00 2503.602 8"X4' PVC WYE EACH 38 $150.00 $5.700.00 2503.602 8"X6" PVC WYE EACH a snaool $1,600.00 2503.602 15"X4" PVC WYE EACH 37 5750.00 $27,750.00 42.91 150 114,95 0 551 1684 535 138 635 138 220,011 54,8615 483 408 1.781 0.89. 0,89 16 16 1 SAP 082-617-013 SAP 206-108-002 COST COST 30 $11,200,00 $2,800.00 30 513,600.00 53,400,00 1771, 5131.280,00 540,416.00 52.49 5183,388.00 540,322.50 5122,364.50 540,322.50 53,99 $2.20 52,857,50 $15,395,50 59.901.50 511,060.00 $16.750.00 57 960 $58,080.00 960 53,350,00 6501 0,22 0.11 0.11 $1,550,00 105,75 512,925.00 0.4.8 52,640.00 $979.00 5596.30 5667.50 EXHIBIT C P 2014-37 COST 54.200,00! $5.100.00 542,504,00' $8,763.00 $8.763.00 $0.55 58,364.00 $4,150.00 52.240,00 55,750,00 59,063.00 558,080,00 53.360.00 $26,004.00 5121,00 573,70 582.50 510,575.00 52.160.00 165 52,145.00 52,145.00 $11,200.00 $510.00 8001 1 58,800.00 55,027.00 658.6 390.71 307,94 32_93 25 3584 1760 1379 175.05 114.75 343.45 392.39 224.96 272.07 35,1 94.05 0,45 38 8 37 533.804.101 524.403.501 521,838.00 54,095.90 $6.048.90 52,102.10 58,700.00 517.357,45 5990,00 $26.344.00 516,019.11 512,009,68 51,383.06 $1,300.00 5179,200.00 5109,120,00 5106,183.00 527,657,90 519,966.50 513,738,00 516,087,99 $8,773.44 511.426.94 51,719,90 $14,201.55 $810.90 55,700.00 51,600.00 527,750.00 CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT SAP D82-017-013 SAP 206-108-002 BID OPENING; May 5. 2016 o ITEM NO. ITEM DESCRIPTION 2503,603 12' PP PIPE SEWER 2503,603 15" RP PIPE SEWER 2503,603 18" PP PIPE SEWER 2503803 30" PP PIPE SEWER 2503.603 4" PVC SANITARY SERVICE PIPE (SCH 40) 2503,603 6" PVC SANITARY SERVICE PIPE (SCH 401 2503.603 TELEVISING (INSPECT SANITARY SEWER) 2503.611 PUMPING 2504.601 16" PRESSURE REDUCING VALVt 2504.601 TEMPORARY WATER SERVICE 2504.602)CONNECT TO EXISTING WATER MAIN 2504,602 CONNECT TO EXISTING WATER SERVICE 2504,602,)HYDRANT 2504.602 1" CORPORATION STOP 2504.602 2" CORPORATION STOP 2504.602 1" CURB STOP & SOX 2504.602 2" CURB STOP & BOX 2504,60216" GATE VALVE & BOX 2504.602 6" GATE VALVE & BOX 2504,602, 12" GATE VALVE & BOX 2504.602 16" BUTTERFLY VALVE & BOX 2504.603 2504.603, 2504,603 2504.603 1" TYPE K COPPER PIPE 2" TYPE K COPPER PIPE 6" WATERMAIN DUCTILE IRON CL 52 8" WATERMAIN DUCTILE IRON CL 52 2504.603 12" WATERMAIN DUCTILE IRON CL 52 2504.603116" WATERMAIN DUCTILE IRON CL 52 2504.603 16" WATERMAIN DUCTILE IRON CL 52 (IN CASING) 2504,603 36" STEEL CASING PIPE (JACKED) 2504.61 WATERMAIN FITTINGS 2506.5 2566.5 2506.5 , 2506.501 2506.5 2506.501 2505.5 CONST DRAINAGE STRUCTURE DESIGN H CONST DRAINAGE STRUCTURE DESIGN G CONST DRAINAGE STRUCTURE DESIGN F CONST DRAINAGE STRUCTURE DESIGN SD-48 CONST DRAINAGE STRUCTURE DESIGN 5D.96 CONST DRAINAGE STRUCTURE DESIGN SD-108 CONST DRAINAGE STRUCTURE DES 48-4020 2506.5 CONST DRAINAGE STRUCTURE DES 54-4020 2506.5 CONST DRAINAGE STRUCTURE DES 60-4020 2506.5 CONST DRAINAGE STRUCTURE DES 72-4020 2506.501 CONST DRAINAGE STRUCTURE DES 96-4020 2506.561 CONST DRAINAGE STRUCTURE DES 108-4020 2506.5 CONST DRAINAGE STRUCTURE UES 120-4020 UNIT LIN FT LIN FT LIN FT LIN FT luiAL SAP 082-617-013 QUANTITY UNIT COST JTOTAL COST QUANTITY 5BD $32. 518560 Oar 233 5, 58,155.001 375 538,00 514,250.00 1163 562.00 572,106.00 LIN FT 3010 LIN FT 335 LIN FT 6723 DAY 120 2.00 $37.00 51.50 560.00 96,320,00 51239500) $10.084.501 57200,001 LUMP SUM 1 LUMP SUM 1 EACH 14 EACH 86 EACH 17 EACH 64 EACH 22 EACH 64 EACNI 22 EACH 21 EACH 11 EACH 4 EACH 5 LIN FT LIN FT LIN FT LIN FT 1694 LIN FT 1974 LIN FT 2330 LIN FT 70 LIN FT 70 POUND 8695 LIN PT LIN F-T LIN FT LIN FT LIN FT 1 LIN FT LIN FT LIN FT LIN FT LIN Fr LIN Fi LIN FT LIN FT 2506.5 CONSTRUCT DRAINAGE STRUCTURE DES 4007 (EXTRA DEPTH) LIN FT 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPECIAL EACH 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH 2506,502 CONSTRUCT DRAINAGE STRUCT DESIGN DROP BILE 1 EACH 2506.502 CONSTRUCT DRAINAGE STRUCTURE DES 4007(0-,10) EACH _2506.516 CASTING ASSEMBLY EACH 39 8 29 43 12 5 124 67 5 10 16 22 171 1 1 1 27 116 5109.000.08 521.500.00 92,500.00 8280,00 54,100,00 5170.001 5520,00 5300.00 $600.001 51.400.001 $1,900.001 $3,300.001 52.900001 536.00 518.001 945.00r ssaoql S65.001 582,00 5113.00 5740.001 57.00 5230.00 $320.001 5215.00) 5300.001 samodi 51,520.00 5020.001 8310.001 5109,000.00) 521,500.001 535,000.00:j $24,08000J 599,700.00 510,6s0,ob $11,440.001 519,200.001 513,200.001 529.400.00 520,900.00 513,200.00 $14,500.00 $84,700061 539,264.00 529,205,00 384,700.00 $128,310.00 $191,060_00 57,910.06 551.800,00 560,865.00 58,970.00 S2,560.00 56,235.03 $12,900.06 810,650.06 57,600.00 539,680.00 520,770,00 5460.00 5470,00 5890,00 51,520_00 51620,00 $175,00 $6.500.00 51.200.60 $1,500.00 $3.670,00 52,300,00 54,700.00 514,240.00 510,640.001 535.640.00 529,925.00j 56,500.00 $1,200.00 51,500.00 599,090,00 $1.040.00 5120,640.00 37B1 11631 66 30.45 4,4 25.85 3 6.6 2,75 71.65 67 5 10 8.8 3.85 12.1 4 , SAP 206-10B-0 2 QUANTITY 26,7 0.139 23,14" CP 2014-37 QUANTITY EXHIBIT C AP 082-617-013 SAP 206408-002 CP 2014-37 COST COST CsOiS8T560,061 512 84:1555010°°0 $72,106.00 3010 596.320.001 335 $12,395.00 6723 510,004.50 54 53,960.00 1 53,240.00 14 86 17' 64 22 64 221 21 11 4 5! 2353) 8161 64911 1694 1974 2330 70 701 8695i 8,55 3.6 3,15 13.3 5.4 2.25 52.35 7.2 3.15 171 0 11 27 51 56 $7,003.50 51,408.00 55,557.75 S900,00 $8,010,00 S5,874,001 54.180.00 $22.928,00 $20,770.00 2,300. 54,700.00 57,832001 55,852.001 $19.602.00 56,500,00! $42,952.00 51,335.00 1 524,065.601 $109,000,00 $21,500.00 $35,000.00 $24,080.00 569,700.00 510,880.00 511,440,00 519,200.00 513,200.00 $29,400,00 520,900.00 $13,200.00 514,500.00 584,708.00 539,264.00 529.205.00 584,700.00 5128,31000 $191,060.05' 57,910.0D $51.800,00 560,865.00 $1.966,50 $1.152.00 5677,25 $3,990.00 $4,806.00 53.420.00 516.752,00 $6,408.00 54.758,00 $16,038.00 529.925.00 $1,200.00 5165.00 599,090.00 $53,622.40 CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT SAP 082-617-013 SAP 206-108-002 BID OPENING: May 5, 2016 ITEM NO, ITEM DESCRIPTION 2506.522 ADJUST FRAME & RING CASTING 2506.6 INFILTRATION SYSTEM 2506.6 CONST DRAINAGE STRUCTURE DESIGN SPECIAL 2 (SAFL BAFFLE) 2506,603 CONSTRUCT 8" OUTSIDE DROP 2506.6 CONST DRAINAGE STRUCTURE TYPE 402 2506.6 CONST DRAINAGE STRUCTURE TYPE 404 2506.6 CDNST DRAINAGE STRUCTURE TYPE 405-48" 2506.603 CDNST DRAINAGE STRUCTURE TYPE 406-48" 2506,603 CONST DRAINAGE STRUCTURE TYPE 406-54" 2506.603 CONST DRAINAGE STRUCTURE TYPE 406-78" 2511 501 RANDOM RIPRAP CLASS II 2511.501 RANDOM RIPRAP CLASS IV 2511.515 GEOTEXTILE FILTER TYPE II 2511.515 GEOTEXTILE FILTER TYPE IV 2521.501 5" CONCRETE WALIS 2521.5011.5" CONCRETE WALK -EXPOSED AGGREGATE 2521,61815' CONCRETE WALK SPECIAL DESIGN 1 2521 618,15" CONCRETE WALK SPECIAL DESIGN 2 2531,5011CONCRETE CURB & GUTTER DESIGN 04113 2531.5011CONCRETE CURB & GUTTER DESIGN 6618 2531.5011CONCRETE CURB & GUTTER DESIGN D418 2531.501 CONCRETE CURB & GUTTER DESIGN 0424 2531.501 CONCRETE CURB & GUTTER DESIGN 0624 2531.507 6" CONCRETE DRIVEWAY PAVEMENT 2531.507, 6" CONCRETE DRIVEVVAY PAVEMENT - HIGH EARLY 2531.602 PEDESTRIAN CURB RAMP 2531,618 TRUNCATED DOMES 2533,50/PORTABLE PRECAST CONC BARRIER DES 8337 2540.601ICAST-IN-PLACE CONCRETE PLANTER AND SEATINALL 2540,602.1MAIL BOX SUPPORT -2540.615 CONCRETE PAVERS (PERMEABLE) 2554,509 GUIDE POST TYPE E3 2554.6021IMPACT ATTENUATOR BARRELS 2557.603 WOODEN FENCE 2557,603 INSTALL WOODEN FENCE 2563.601 TRAFFIC CONTROL 2561,601 TEMPORARY PEDESTRIAN ACCESS CONTROL 2561.610 TRAFFIC CONTROL (FIR FLAGGING) 2563.615 CONSTRUCTION SIGN -SPECIAL 2564.531 §IGN PANELS TYPE C 2564.5311SIGN PANELS TYPE SPECIAL 2564,5351INSTALL SIGN PANEL TYPE C 2565,616 REVISE SIGNAL SYSTEM 1 luiAL. UNIT 1 QUANTITY UNIT COST TOTAL COST EACH .1 5 $525.06 52,62 . 0 LUMP SUM 1 $5,000,00 55,000 00. EACH 2 S8.500,001 817000.00 LIN FT 17 5175,00 52.975.00 LIN FT 27 5370.00 59,990.00 LIN FT 19 5250.00 54,750.001 LIN FT 9 $290,00 52,610.001 LIN FT 40 5320.00 512.500.00 LIN FT 12 5450.00 55.400.00 LIN FT 6 5590.00 53,540.00 CU YO 14 $80.00 $1,120.00 CU YD 17 $80.00 $1,36000 SO YD 63 $6,00 5378.00 50 YD 48 56,00 $288.00 SQ FT 26846 54.25. S114,095.50 SD FT 200 511.70 52,350.00 SQ FT 18563 58.00 514-8,504.00 SQ FT 1185 520.26 524,008,10 LIN FT 34 525,75 5875,50 UN FT 3979 513.25 552.721.75 LIN FT 971 $15.50 $15,050.50 LIN FT 254 $16.75 $4,254.50 LIN FT 7942 515.201 6121,115.50 SQ VD 1027 554.25 555,714.75.1 5Q YD 400 $58.50 $23,400.001 EACH 26 5450.00 811,700,00 SQ FT 578 638,00 521,964,00 LIN FT 1215 517,00 520,655.00 LUMP SUM 1 1 $25,400.00 525,400,00 EACH 45 8150.00 $7,200.00 SQ FT 700 1 82.05, -.ob EACH 6 575,00 5450.00 EACH 90 8160.00 $14,400,00 LIN Fl 362 535,00 512,670.00 LIN FT 150 $40.00 $6,000.00 LUMP SUM 1 $28,000.00 $28,000,00 LUMP SUM 1 55,000,00 55,000.00 130UR 80 5120,00 59,600.00 SO FT 120 $14.00 51,680.00- 50 FT 391 534,00 513,294.001 SQ FT 81 $30.001 82,430001 EACH 4 $150.001 5600.001 SYSTEM 1 S18.000_00 518.000.001 0.4285 11 1 1201 3201 45 4 SAP 052-617-013 QUANTITY 2 7 48 108711 2001 18563I 1185 341 85 432.5 1215 27 SAP 206.108-002 QUANTITY o. 6 15.13 13.35 8.01, 35.6 4.45 12.46' 56.07 1 91731 307 2 36 19 CP 2014-37 SAP 082-617-0 SAP 206-100-002 QUANTITY COST COST 2 51,57500 0.11 $4,450.00 517,000.031 17 11.87 5.65 0,99 4,4 7.551 61 1.54 6.93 $1,360.00 5285,00 55.598,10 53,337.50 52,322 90 511,392.00 52.002.50 5996,80 $336.42' 6802 $46,201.75 53E3,955.25 52,350.00 5148,504.00 524,005.10 $875.50 81,126.25 551,595.50 9711 2 700 64.254.501 $121.115.501 539,060,00 $23,400.00 58,550,00 $16,435,00 520,655.00 EXHIBIT C CP 2014-37 COST $1.050.00 5550.00 52,975.00 54,391.90 $1,412.50 5287.10 51,408,00 $3,397.50 53,540.00 $123.20 541.58 528.908.50 510,050 50 $16,654.70 $900,00 $2.250.00 51.368,00 $4,161.00 $4,050.00 52,850.00 1.501 3.56 0.89 5116,251 90 514,400.001 I I 362 I 512,670.00j 150 $6.000.001 0.1267 0.4448 511,998.001 661 55,000,001 80 51.680.00 6 $10,5130.00 18 51,350,00 5600,00 518.000,00 $267.00 525.400.00 $300.001 $1,435.00 $66.75 53,547.60 $12,454,40 52,210.00 $540.00 59,600,00 5204.00 5540.00 CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT SAP 082.617-013 SAP 206-105-002 BID OPENING May 5, 2016 ITEM NO, 2571.502 2571.503 2571.504 2671.507 ITEM DESCRIPTION DECIDUOUS TREE 2,5" CAL 85B ORNAMENTAL TREE 8' HT CONT CONIFEROUS SHRUB 3' HT CONT PERENNIAL NO 3 CONT 2573.502 SILT FENCE, TYPE SD 2573.502 SILT FENCE, TYPE MS 2573.505 FLOTATION SILT CURTAIN TYPE STILL WATER 2573,530 STORM DRAIN INLET PROTECTION 2573.533 SEDIMENT CONTROL LOG TYPE COMPOST -2573.535, STABILIZED CONSTRUCTION EXIT 2573.5601CULVERT END CONTROLS 2573.601 ISTORM WATER MANAGEMENT 2573.601 PERMANENT SEDIMENT TRAP UNDERGROUND STORAGE SYSTEM 2574.506 FERTILIZER TYPE 4 2574.525 FILTER TOPSOIL BORROW 2574.525 PLANTING SOIL MIX 2575,501 SEEDING 2575.502 SEED MIXTURE 33-261 2575.502 SEED MIXTURE 35-221 2575,505 SODDING TYPE LAWN 2575.523. EROSION CONTROL BLANKETS CATEGORY 00 2575,523 EROSION CONTROL BLANKETS CATEGORY 3N 2575.562 HYDRA.ULIG MATRIX TYPE MULCH 2582.501 PAVT MSSG (LEFT ARROW). POLY PREFORM -GR IN 2562.501 PAVT MSSG (RIGHT ARROW) - POLY PREFORM - GR 14 2582.501 PAVT MSSG (RR XING) - POLY PREFORM - GR IN 2582.502 24" STOP LINE WHITE - POLY PREF (GR-IN) 2582.502 4" DOUBLE SOLID LINE YELLOW PAINT 2582.502 4" SOLID LINE WHITE - PAINT 2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT 2582.502 4" SOLID LINE VVHITE - PAINT 12582.502 4" DOUBLE SOLID LINE YELLOW- EPDXY IWRI 12582.502 4" SOLID LINE '/VHITE - EPDXY (WR) 12582.502 4" DOUBLE SOLID LINE YELLOW - EPDXY 12582,502 4" SOLID LINE WHITE EPDXY 12582.5031GROSSWALK MARKING - POLY PREFORM - GR IN UNIT HDIAL QUANTITY TREE 89 $440.00 539,160.00 TREE 15 5350.00 $5,250.00 SHRUB 15 5100,001 51,500.00 PLANT 541 532,001 $17,312,00 LIN FT 150 $3.00 $450,00 LIN FT 1378 52.251 S3,100.50 LIN FT 200 53.00 5500,00 EACH 89 5130.00 $11,570.00; LIN FT 3661 52.50 59,152.50.1 LUMP SUM 1 53,500,00 $3,500.001 EACH 1 5200,001 3200.001 LUMP SUM 1 57.500.06 $7,500.00' LUMP SUM 1 $63,000,00 563,000,00 POUND 32 CU YD 223 CU YD 300 ACRE I 0 POUND 4 POUND 4 SO YD 17128 SO YD 267 SQ YCJ 782 POUND 7434 EACH EACH EACH LIN FT LIN FT LIN FT LIN FT LIN FT LIN FT LIN FT LIN FT LIN FT SC/ FT 2 2 2 25 3610 6415 1975 3765 3610 6415 1975 3765 1120 $6.00i 532,00' $36.06 53,500,00 5200,00 5200.00 $5.5d 53,00 52.25 50,75 $506001 5506001 52.000,00' 538,00,1 $0.501 so.3qi 50.501 50.301 51.751 51.001 50,751 $0.50 513,00 Total +7% Contingency $192.00 $7,136.00 $10,800,00 $735.00 0808.00) 5800.00' 594,204.00 5801.00 S1.759,50.; $5,575.501 .1 51,000.001 staao.o0 $4,000,00 5950.00 51,805,00 $1,924,50 5987.50 51,129,50 56,317,50.1 56,415.001 51,481,25 51,682.50 514,560.001 $6,162.046.13" 55.593.368,36 SAP 652-617-01 QUANTITY 150 661 200 51 2313 0.6 7950 3444 2 2 2 25 3610) 64151 3610' 6415 1030 AP 206-108-002 QUANTITY 717 27 1348 0,2 0.89 32 198.47 0.214 4 7239 2671 7821 3150 1975 37651 1975 3765 90 EXHIBIT C CP 2014-37 I SAP 082-617-013 SAP 206-108-002 CP 2014-37 QUANTITY COST COST COST I 891 $39,160.00 151 55,250,00 151 51,500.00 541i $17,312.00 5450.06 $1,487,25 S1,613,25 $600.00 11 56,630.00 $3,510.00 $1,430.00 $5,782.50 $3,370.00 .2 $2.100,00 5700.00 5700.00 $200.00 24.53 300 841 563,000,00 $43,725.00 52,583.00 51.000,00 51,000.00 $4,000.00 :950.00 51,805.00 51,924,50 $6.317.50. 56,415.00 $13,390.00 52,703,607.39 52 892.659.91 56,675.00 $825.00 $192,00 56,351.04 $784.95 510,800,00 5735,00. 5800.00 $800,00 539.814.50 510,664.50 5601,00 51,759,58 $2.362.50 5530.00 1 5987,501 31.129.501 51.481.251 51,682.501 51,170.00 5608,913.781 02,649,4 4.961 5865,569.641 $2,634,959,61 1.1 LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: May 3, 2016 REGULAR ITEM #: 12 AGENDA ITEM: 2016 Street Improvements — Adopt Resolution 2016-31 Approving 2016 Street and Utility Improvements and Rescinding Resolution 2015-82 — Resolution 2016-31 SUBMITTED BY: Kristina Handt, City Administrator REVIEWED BY: Cathy Bendel, Finance Director Sarah Sonsalla, City Attorney Jack Griffin, City Engineer BACKGROUND: As was discussed at the last meeting, Resolution 2015-82 Ordering the 2016 Street, Drainage and Utility Improvements and the Preparation of Plans and Specifications as amended did not pass with a 4/511 vote which is required under statue in order to special assess for a project not initiated by a petition. Since it wasn't approved with a 4/5° vote, bond counsel will not allow these projects to be included in the 2016A Bond Series. ISSUE BEFORE COUNCIL:_ Should the Council vote to rescind the previous resolution and adopt a new one with a 4/5'1' vote? PROPOSAL DETAILS/ANALYSIS: As mentioned, staff is asking Council to consider rescinding the previous one by a 4/5'1' vote. Regardless of whether or not a new resolution passes happen as the Council has already awarded a contract and work has begun In addition to impacting the 2016 bonding, if the resolution is not passed be able to special assess for these projects. The 6 month period from the 2016 so Council will not be able to table this to a future meeting date. resolution and approving a new by a 4/5'1' vote, the projects will by a 4/5'1' vote, the city will not hearing date expires on May 4, FISCAL IMPACT: The 2016A Bond Series proposes that $1,175,000.00 be bonded for to cover the 2016 Improvements for the Kirkwood, Stonegate and Kelvin street projects. Total street project costs are 51,195,000 but after review by the Finance Committee last month, bond amounts were reduced in anticipation of receiving some special assessment funds early. If this resolution is not passed, alternative funds would need to be identified for $1,195,000. If the resolution is amended to remove just the Kelvin Ave portions, $290,000 for streets and $105,000 for the trunk line would be removed from the 20I6A Bond Series. The trunk line portion could be included in the bond and funded from water revenues, but again the City could not special assess to recover some costs. Alternative funds would need to be identified. The lateral north of Kelvin Ct was petitioned so that could move separately. Likely altemative funds would be reducing the City's fund balance (general and water funds) by said amounts. OPTIONS: 1) Approve Resolution 2016-31 Approving 2016 Street and Utility Improvements and Rescinding Resolution 2015-82 2) Amend Resolution 2016-31 to remove the Kelvin Ave street project, then approve 3) Take no action (will result in Council needing to amend Resolution 2016-28 to remove 2016 street projects -next agenda itein) RECOMMENDATION: Option 1. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-31 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2016 STREET, DRAINAGE & UTILITY IMPROVEMENTS WHEREAS, pursuant a resolution of the city council adopted the 6th day of October, 2015, the council ordered a hearing on Improvement for the 2016 Street, Drainage and Utility Improvements; and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 4th day of November, 2015, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated September 2015 states that the project is necessary, cost-effective, and feasible. NOW, THEREFORE, BE IT RESOLVED, Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated September 2015. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 19th day of April, 2016. 3 The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 4. The city engineer is hereby designated as the engineer for making this improvement. 5, The city engineer shall retain the services of a consulting engineering finn to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the city engineer during the construction phase of the improvement as requested. 6. The engineer and his consultants shall oversee the preparation of the Plans and Specifications for the making of such improvement. 7. City Council Resolution No. 2015-82, adopted on November 4, 2015, is hereby rescinded. Resolution No. 2016-31 478374v I SJS LA515-I ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 3rd DAY OF MAY, 2016. (Seal) ATTEST: julie Johnson City Clerk Resolution No. 2016-31 478374v1 SJS LA515-I 2 CITY OF LAKE ELMO By: Mike Pearson Mayor TI CITY HI' AKE ELM() AY0 COU CIL CO U ICAT 0 DATE: 05/03/2016 REGULAR $$ ITEM # 13 AGENDA ITEM: 2016 Capital Improvement Financing Plan; Presentation of Financing Plan of G.O. Bonds, Series 2016A; Approval of the issuance of G.O. Bonds, Series 2016A SUBMITTED BY: THROUGH: REVIEWED BY: Cathy Bendel, Finance Director Tammy Omdal, Senior Vice President, Northland Securities Kristina Handl', City Administrator Finance Committee SUGGESTED ORDER OF I Questions from Council to Slat( ...... - Report/Presentations..... ............. Questions from Council to Staff................. - Public Input, if Appropriate.........„ ........ .... Call for Motion ...... ....... ............ Action on Motion.. ......... ................ .......... ......... POLICY RECOMMENDER: Finance Committee FISCAL IMPACT: .... ........ .......... Mayor Facilitates City Staff, Northland Securities ..................Mayor Facilitates ... ...... Mayor Facilitates ..... ......... Mayor & City Council ......... ..... Mayor & City Council ...... ............. Mayor Facilitates City responsibility for the debt service on the issuance of $9,860,000 of new debt as presented in the Financing Plan. SUMMARY AND ACTION REOUESTED: Throughout 2015 and early 2016, various projects have been brought to City Council and have been approved to move forward. The updated 2016 CIP listing was reviewed in detail by the Finance Committee on April 12, 2016 resulting in the 2016A bonding recommendation. This Financing Plan represents the financing needs based on those approved projects and recommendations. -- Page City Council Meeting [Consent Agenda Item I 3J May 3, 2016 STAFF REPORT: Tammy Omdal, Senior Vice President with Northland Securities will present the report and respond to inquiries. RECOMMENDATION: It is recommended that the City Council approve Resolution 2016-28 authorizing the issuance and sale of S9,860,000 in General Obligation Bonds, Series 2016A. "Move to approve Resolution 2016-28 authorizing the issuance and sale of General Obligation Bonds, Series 2016A in the amount of 89,860,000" ATTACHMENT(S): 1. Northland Securities Finance Plan Summary for G.O. Bonds, Series 2016A Certificate of Minutes and Resolution 2016-28 Authorizing the Issuance and Sale of G.O. Bonds, Series 2016A Municipal Advisors Services Agreement with Northland Services, Inc. for services related to the 2016A bond issuance -- page 2 -- FINANCE PLAN SUMMARY FOR CITY OF LAKE EL Of INNESOTA $9,860,000 GENERAL OBLIGATION BONDS, SERIES 2016A 45 South 7th Street Suite 2000 Minneapolis, M 55402 612-851-5900 800-851-2920 April 19, 2016 City of Lake Elmo, Minnesota $9,860,000 General Obligation Bonds, Series 2016A Financing Overview The Bonds will be issued pursuant to Minnesota Statutes, Chapter 444, 429, and 475 to finance the following projects: • Street improvements to the Kirkwood, Stonegate, and Kelvin Ave. Projects • Water, sewer and storm water utility improvements • Street improvements to Lake Ehno Avenue/Downtown area Information on the project: costs to be financed was provided by City staff. The net financing requirement for these projects is $9,860,000 inclusive of all project and financing costs. A detailed illustration of the sources and uses of funds is presented in Appendix A. The Bonds will be a general obligation of the City. However, the City anticipates paying debt service front a combination of special assessment revenue, water, sewer, storm water utility revenues, and a debt service tax levy. The assumptions on special assessments and utility contributions were provided by the City staff. Northland has not conducted a review or evaluation of these assumptions. The total principal and interest estimate assumes an average coupon of 1:88% and is shown in Exhibit B. The debt service fund and cash flow projection for each of the 'portion or purposes illustrated in Exhibits Cl through C8. Structure and Security Improvement Portion (Kirkwood, Stonegate, and Kelvin Ave. Street Projects) The Street Improvement Portion assumes $1,142,080 in project costs and is expected to be paid from special assessment revenues filed in 2016 for first collection in 2017 in the amount of $533,880 for a term of 10 years at a rate 2.00% over the bond rate. Water Utility Portion The Water Utility Portion assumes $3,256,328 in project costs and is expected to be paid entirely from water utility revenues. Storm Water Utility Portion The Storm Water Utility Portion assumes $2,796,'I07 in project- costs and is expected to be paid entirely from storm water utility revenues. 1' 2 NORTHLAND SECURITIES Lake Elmo .Avenue ionton, Area Street Improvement Portion The Downtown Improvement Portion assumes $1,611,432 in project costs and is expected to be paid from special assessment revenues filed in 2016 for first collection in 2017 in the amount of $470,394 for a term of 10 years at a rate 2.00% over the bond rate. Sewer Utility Portion The Sewer Utility Portion assumes $870,649 in project costs and is expected to be paid from sewer utility revenues. Special assessments will be used to reduce pledged sewer revenues for debt service. Special assessments have been filed in 2016 for first collection in 2017 in the amount of $592,066 for a term of 20 years at a rate 2.00`3, over the bond rate. The debt attributable to this portion will he amortized over 15 years. Related Considerations Bank Qualified - because total tax-exempt debt issued by the City in calendar year 2016 is expected to be less than $10 million, the Bonds will be designated as "bank qualified" obligations pursuant to Federal Tax Law. The impact of this designation may result in slightly lower interest rates since banking institutions will be interested in purchasing the Bonds. We have. adjusted the estimated interest rates accordingly. Arbitrage Compliance - o Project/Construction Fund - All lax exempt issues are subject to federal rebate requirements which require all arbitrage earned to he rebated to the U.S. Treasury. However, there are exemptions available if the City meets certain criteria. The rebate exemption the City expects to qualify for is the 24 Month Expenditure Exemption. o Debt Service Fund - The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Resolution explains the requirements in greater detail. We are also available to assist the City in meeting these requirements. Book Entry - The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" certificates, you will avoid the cost of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semiannually and on an annual basis for the principal coming due. Continuing Disclosure - Because the City's outstanding debt exceeds $10 million, it is subject to the Securities and Exchange Corrunission's continuing disclosure requirements. Northland Securities is prepared to assist the City in this capacity Page 3 NORTHLAND SECURIIILS Summary of Recommended Terms 1, Type of Bond Sale 2. Public Sale Date 3. Cotmcil Consideration 4. Statutory Authority 5, Repayment Term 6. Security 7. Prepayment Option Public Sale - Competitive Bids Tuesday, May 17, 2016 at 10:30 A.M. Tuesday, May ,17, 2016 at 7:00 P.M. The Bonds are being issued pursuant to Miu-inesota Statutes, Chapters 475, 429 and 444, The Bonds will mature annually each January 15, 2018 - 2032. Interest on the Bonds will be payable on January 15, 2017 and semiannually thereafter on each January 15 and July 15. General Obligation pledge of the City. In addition the City will pledge special assessments from benefitted properties, water, sewer and storm water utility revenues and tax levies to the payment of the Bonds. The Bonds due on or after January 15, 2025 will be subject to redemption on January 15, 2024 and any date thereafter at price of par. 8. Tax Status Dorsey & Whitney, LLP, Minneapolis, will provide a tax-exempt legal opinion on the Bonds. 9. Credit Enhancement The City's general obligation bonds are currently rated "Aa2" by Moody's Investors Service (Moody's). We believe a credit rating on these bonds will be cost beneficial and recommend seeking a rating from Moody's. Page 4 NORTHLAND . SECURITIES Sources Of Funds Par Amount of Bonds Total Sources Uses Of Funds Total Underwriter's Discount (1.000 ';) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount otai uses botuces 101 Funds Par Amount of Bonds Total Sources Uses Of Funds Total Underiter's Discount (1.000%) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount EXHIBIT A Sources and Uses Improvement Water Storni Water Portion Portion Portion 51,175,000.00 53,310,000.00 52,840,000:00 $1,175,000.00 $3,310,000.00 $2,840,000.00 11,750.00 33,100.00 28,400.00 6,924,86 19,507.51 16,737,57, 10,451.78 1,142,080,00 3,256,328.00 2,796,107.00 3,793,36 1,064,49 (1,244,57) 471,17S,UUU.UU 4i3,51U,U011.110 ,p2,t1/1U,11UU,UU D'175treet Sewer Issue Improvement Portion Summary 51,650,000.00 5885,000.00 .$9,860,000.00 $1,650,000.00 $885,000.00 $9,860,000.00 16,500.00 8,850.00 98,600,00' 9,724.30 5,215.76 58,110.00 14,676.67 25,12S.45 1,611,432.00 870,649.00 9,676,596.00 (2,332.97) 285.94 1,565.55 total uses $11.,bbU,U00.00 a $S.),UUU.ULI $9,23bU,UUU.0 0 404 Page 5 NOR LAN sEcuRITI s EXHIBIT B Total Debt Service Date Principal Coupon Interest Total P+I Fiscal Total 06/ 01/2016 - - 01 /15/2017 100,745.56 100,745,56 100,745.56 07/15/2(117 - 80,956.25 6(.1,956,25 01 /15/201S 690,1100,0U 0.650% 80,956.25 770,956.25 651,912.50 07/15/2018 - 76,023.75 78,003.75 01/15/ 2019 695,000,00 1,0(1(11b 78,023.75 773,023,7a 6511/47.50 (17/15/2019 - 74,546,75 74,548.75 01/15/2020 710,000.00 1.1.50% 74,548,75 784,546,75 859,097.5(1 07/15/2020 70,466.25 70,466.2.5 01/15/2021 710,000,00 1,250% 70,466.25 780,166,25 85(1,932,50 77/15/2021 - 66,028.1a 66,0728.7D 01/15/2022 725,000,110 1,350`1C, 66,028.75 791,026.75 857,057.50 07/15/ 2022 61,135.00 61,135,00 01/15/2023 7'30,000.00 1.4.50`1'0 61,135.00 791,135.0U 852,270.0U 07/15/2023 55,842,50 55,842.50 - 01/15/2024 745,000.00 1,60011 55,842.5(1 800,842,5(1 856,685.00 07/15/2024 49,662,50 49,862.50 01/15/2025 755,00,00 1.700% 49,662.50 804,862.50 854,765.00 07/15/2025 43,465.00 43,465,00 01/15/2026 770,000.0(1 1,85011 43,465,00 813,465.(10 856,930.00 U7/15/2026 36,342,50 36,342.511 01/15/2027 780,000,00 1,950% 36,342.50 816,342.50 852,665.0U 07/15/2027 - 28,737.50 28,737.5(1 01/15/2028 490,000,00 21150% 28,737.50 518,737.511 547,475.0() 07/15/2025 - 23,715.00 23,715.00 01/15/2029 500,000.00 2.15011 23,715.00 523,715.00 547,430.00 07/ 15/ 2029 18,340.00 16,340.0(1 01/15/2030 510,000.00 2.250% 18,340.00 528,340,00 546,680.00 07/15/2030 12,602,50 12,602,50 01/15/2031 5211,000.00 235011 12,602.50 532,602.50 545,205.00 07/15/ 2031 6,492,50 6,492.50 - 01/15/2032 53(1,000.00 2,45011 6,492.50 536,492.50 542,985.00 Total 39,860,000.00 $1,513,903.06 $11,373,903.06 llate And Term Structure Dated 6/01/2016 Delivery Date 6/01/2016 First Coupon Date 1/15/2017 First available call date 1/15/2024 Average Coupon 1,8823761% Net Interest Cost (MC) 2.0049746% True Interest Cost (TIC) 2.0032044% Page 6 NORTHLAND SECURITIES EXHIBIT Cl Improvement Portion (Kirkwood, Stonegate, and Kelvin Street Projects) Debt Service Date Principal Coupon Interest Total P+I Fiscal Total 06/ 01/ 2016 - 01/15/2017 10,451.78 10,451.78 10,451.78 07/15/ 2017 8,398.75 8,398.75 01/15/2018 110,000.00 0.850% 8,398.75 118,398.75 126,797.50 07/15/ 2018 7,931,25 7,931.25 - T/1/ 15/2019 110,0111/X1/ 1.001/5l 7,9,31.25 117,931,25 175,80.511 07/15/2019 7,381,25 7,381,25 01/15/2020 115,000,01/ 1 .150`1, 7,361.25 177,381.75 129,762.5(1 07/15/ 2020 6,720,00 6,720.00 01 / 15/2L/21 115,000.00 1,2511`1, 6,720.00 121,720.00 126,4411.01.4 07/15/ 2021 6,001,25 6,001.25 - 01/ 15/2022 115,1100.00 1.350% 6,001,25 121,001.25 127,002.50 07/1.5/ 20'22 - 5,225.00 5,225,00 01/15/2023 1.20,000,0(1 1.450% 5,725.00 125,225.0(1 1311,450.00 07/15/2023 4,355,00 4,355.00 01/ 15/ 2(124 120,000.0U 1,61/0% 4,355.00 124,355.00 128,710.00' 07/ 15/2024 3,395,00 3,395,00 01/15/2025 120,000.00 1.700% 3,395.00 123,395.00 126,790.00 07/ 15/202:5 2,375.00 2,375.00 - 01/ 15/ 2026 125,000.00 1.85051 2,375.00 1.27,375.00 129,750.00 07/15/2026 1,218.75 1,218.75 _ 01/ 15/2027 125,000.00 1,950% 1,218.75 126,218.75 127,437.50 Total 51,175,000.00 5116,45428 51,291,454.28 ' EXHIBIT C2 Improvement Portion (Kirkwood, Stonegate, and Kelvin Street Projects) Revenue vs Debt Service Special Assessment City Net Levy Collection Date Total P+1 CIF 10515) Levy Revenue* Levy Year Year 01/15/2017 10,451.78 (10,451.78) .. 01 /15/2018 126,797,50 - 133,137,38 61,471.84 68,665.54 2016 2017 01/15/2019 125,862,50 132,155.63 64,471 .85 67,683.78 2017 2018 01/15/2020 129,762,50 136,250.63 64,471.84 71,778.79 2018 2019 01/15/ 2021 128,440,00 134,862,00 64,471,85 70,390.15 2019 2020 01/15/2022 177,002,50 133,352.63 64,471,85 68,880.78 2020 7(01 01/15/2023 130,450.00 136,972,50 64,471,84 72,500.66 2021 2022 01/15/2024 128,710.00 - 133,145.50 64,471.85 70,673,65 2022 7023 01/15/2025 126,790,00 133,129.50 64,471.85 68,657,65 2023 2024 01/15/2026 129,750,00 136,237,50 64,471.84 71,765.66 2024 2025 01 /15/2027 177,437.50 133,809.3S 64,471.84 69,337.54 21/25 2026 Total 51,291,454,28 (10,451.78) $1,345,052.63 5614,718.45 $700,334.18 *Special Assessments total $533,680 spread in even payments over 10 )'ears a t 3.50% (2.00% above bond rate). Page 7 NORTHLAND SECLJMIIES EXHIBIT C3 Water Utility Portion Debt Service Date Principal Coupon Interest Total P+I Fiscal Total (16/(11/2016 - _ 01/15/2017 35,583.33 35,583.33 35,583.33 07/15/2017 26,593.75 28,593.75 01/15/2018 200,000.00 0.8503, 28,593,75 228,593.75 257,187.50 07/15/2018 27,743.75 27,743,75 01 /15/2019 21.1(1,0(10.00 1.00070 27,743.25 22/,/43.75 ' •155,77075T 07/15/2019 - 26,743.75 26,743,75 01/15/2020 205,000.00 1.15011 26,743.75 231,743.75 258,4(37.50 07/15/2020 25,565.00 25,565.00 01/15/2021 205,0(10.0(.1 1,25011 25,565.00 230,565.00 256,130.00 07/15/ 2021 24,2(13.75 24,283.75 01/15/2022 210,0(10.00 1.350% 24,283.75 234,283.75 258,567.50 07/15/ 2022 - 22,866.25 22,866.25 01/15/ 2023 210,00(1.1)(1 1.450% 22,866.25 232,866.25 255,732.50 07/15/ 2023 - 21,343,75 21,343,75 01/15/2024 215,01/0,00 1.600% 21,343.75 236,343.75 257,687.50 07/15/2024 - 19,623.75 19,623.75 01/15/2025 220,000.00 1.70011 19,623.75 239,623.75 259,247,50 07/15/ 2025 17,753.75 17,753.75 01/15/2026 220,000.00 1.850 ''o 17,753.75 237,753.75 255,507.50 07/15/2026 - 15,716,75 15,718.75 01/15/2027 225,000,00 1.95011 15,718.75 240,718,75 256,437.50 07/15/2027 13,525_00 1.3,525.00 01/15/2028 230,000.00 2,050% 13,525,00 243,523.00 257,050.00 07/15/2026 11,167.50 11,167.50 01115/ 2029 235,000,00 2.150'% 11,167.50 246,167.750 257,335,00 07/15/ 2029 - 8,641.25 6,641.25 01/15/2030 240,000.00 2.2503 8,64 L25 248,641.25 257,289,50 07/15/2030 - 5,941.25 5,941.25 01/15/2031 245,000.00 2.3503 5,941,25 250,941.25 256,882.50 01//15/.7.031 - 3,062,50 3,062.5(.1 01/15/2032 230,000.00 2.450% 3,062.50 253,062.50 256,123.1)0 .. .,..., . Total $3,310,000.00 $580,730.83 $3,890,730.83 NORT Page 8 AND SECURITIES EXHIBIT C4 Storm Water Utility Portion Debt Service Date Principal Coupon Interest Total P-1-1 Fiscal Total . .. 06/01 2016 - 01/15/2017 30,534.00 30,534,00 30,534.00 07/15/2017 24,536.25 24,536.25 01/15/21118 'I 70,000,00 0.850% 74,53625 194,536,25 219,072.50 (17/15/2016 - 23,613,75 23,613,75 01/ 15/2019 175,000,00 1,000% 23,613.75 198,6.13,75 777,677.511 07/ 15/2019 - - 22,938.75 77,938.75 01/15/2020 175,0(10.00 1,15011 22,938.75 197,938.75 270,677.50 07/15/2020 - 21,932.50 21,932.50 01/15/2021 175,000,00 1 .250% 21,932.50 196,932.50 218,665.00 17/15/2021 20,638,75 20,638.75 01/15/2022 180,000100 1,35011 20,838.75 20(1,838.75 221,677.50 07/15/2022 19,623.75 19,623,75 01/15/2023 180.000.00 1.450% 19,623.75 199,623.75 219247,50 07/15/ 2023 - 18,318,75 16,318,75 01/15/2024 185,000.110 1,600%. 16,316.75 203,316.75 221,637,50 07/15/2024 16,638.75 16,838.75 01/15/2025 185,000100 1.700% 16,636.75 201,838,75 216,677.50 07/15/2025 - 15,266.25 1.5,266.25 01/15/2026 190,000.00 1,85011 15,266.25 205,266.25 220,532,5(1 07/ 15/2026 - - 13,51/6.75 13,508.75 01/15/2027 195,000.00 1.95011 13,3[18.75 206,508.75 222,017.50 (17/15/21127 11,607.50 11,607.50 01/15/2025 200,000.0(1 2.050% 11,607.511 211,607.50 223,215.00 07/15/2028 9,557.50 9,557.50 01/15/2029 200,000.0(1 2.150% 9,357.50 209,577.50 219,115.00 07/ 15/2029 7,407.50 7,407.50 01/15/2030 205,000,00 2.75011 7,407.50 212,407.50 219,815.00 07/ 15/2030 5,101.25 5,101,25 01/15/2031 210,000.00 7.35011 5,101.25 215,101,25 770202.5(1 07/ 15/2031 2,633.75 2,633.75 01/ 15/2032 215,000,00 2.450% 2,633,75 717,633.75 770,767,50 Total $2,840,000.00 $498,381.50 $3,338,381.50 . . . _ Page 9 NO THLAND SECURITIES EXHIBIT C5 Lake Elmo Avenue/Downtown Street Improvement Portion Debt Service Date Principal Coupon Interest Total P+I Fiscal Total 1/6/ (11/ 2016 - til / 15/2017 14,676.67 14,676,67 14,676.67 V/ 15/2017 - 11,793,75 11,793.75 01/15/2018 155,000,00 0.850';'0 11,793.75 166,793.75 178,587.5U 1/7/ 15/ 21/16 11,135.00 11,135.00 01/15/2019 455,000,0U 1 MOO % 11,135.00 166,135.00 177,270.0U U7/15/2019 10,360.00 10,360400 01/15/2020 160,000.00 1.150% 10,360,00 170,360,00 180,720,00 117/15/ 202U 9,140.00 9,440.00 01/15/ 2021 160,000.00 1.250% 9,440,00 169,440,00 178,680.00 ._. 07/ 15/ 2021 - 8,440.00 6,440.51/ 01/15/2022 165,000,00 1.3504 8,440.00 173,4411.00 181 00.00 07/ 15/2022 - 7,326,25 7,326.25 01/15/2023 165,000.00 1,450% 7,376,75 172,326.25 179,652.50 07/ 15/2023 6,130.00 6,130.00 01/15/ 2024 .170,000,00 1.600% 6,130.00 176,130.110 182, 2-61/700 07/15/ 2024 4,770.00 4,770,00 01/15/2025 170,000.00 1.700% 4,770.00 174,770.00 179,540.00 07/ 15 / 21/25 3,325,00 3,3751.10 01/15/2026 175,000,00 1.850% 3,325.00 178,325.110 181,650.00 07/ 15/ 21126 1,706.25 1,706.25 - 01/15/2027 175,000,00 1,9504 1,706.25 176,706.25 178,412.50 Total 31,650,000.00 5163,529.17 31,813,529.17 EXHIBIT C6 Lake Elmo Avenue/ Downtown Street Improvement Portion Revenue vs Debt Service Special Assessment City Net Levy Collection Date Total P+1 CIF 10555 Levy Revenue* Levy Year Year 01/15/2017 14,676.67 (14,676.67) - - 01/15/2018 178,587.50 187,516.88 56,805.22 130,711.66 2016 2017 01/15/2019 177,270.00 186,133.50 56,805.21 129,378.29 2017 2018 01/15/2020 180,720.00 189,756.00 56,805.22 132,950.78 2018 2019 01/15/2021 178,880.00 187,824.00 56,805.20 131,016,80 2019 2020 01/15/2022 181,880.00 190,974,00 56,805.22 134,168.78 2020 2021 01/15/2023 179,652.5(1 183,635,13 56,805.21 131,829.92 2021 2022 01/15/ 2024 182,260,00 191,373.00 56,805.22 134,567.76 2055 2023 01/15/2025 179,540,00 188,517.00 56,803.21 131,711.79 2023 2024 01/15/2026 181,650,00 190,732.50 56,305.22 133,927.28 7074 2055 01/15/2027 178,412.50 187,333.13 56,605.21 130,527.92 2025 '2026 Total 51,813,529,17 (14,676.67) 51,888,795.1.3 5568,052.14 51,320,742.99 *Special Assessments total $470,394 spread in even payments over 10 years at 3,50% (2.00% above bond rate). HIMIRMIWZge, Pagel° NORTHLAND SECURITI[ s� / RVZOW6EWIS mrum^'s Ls 0976s'99 sZ98Z's9 scy�� o8ocl'xv NJo9E'o9 onnY9'c 0sTxs'69 �rtsz'Zy grI CIZ'Z nnnns,()/ nnnoo'/y nono6'Z m,nlz,z9 nWSWCv no,sV9's nnnnc'no nonrlt'r9 �nnnorr nn'nrWov on,et/,'/n oosm'� onnen1, on*sqr,99 mrssr'S oxna�no mrsa9'09 0Is0v's ns'ZWZp 9zTaO'|v 9zlV50,9 nnnca'�9 nn, �-nr'm »w�9f'9 oslm'nv sx'nnS'rn s-/nnn,p 0vn�Z,C,Y 00'5Z/^Z9 m79Z C/ ���m nnnof,z gzl,/op,zn xf*^ra x�axv'o qZ'96Z sr*u 0WV9s'c onn9s'l sE'/ca'Z sr|oc,z oo/66t 00n66'Z oo-sov's no,snps n0ns/'f m�pz,p mrs�ZI, nn-qsrg on'sav'q on'So9's ��SaV'Y oWsvr9 mre9ro s/,Snxq scon�,q n0*czrz mrnnr/ mrI)Orz nL'aar6 00'000'SSSg 'ujvx %n5�*r Vu'oon,Sv zsnz/s[/m ' ]'nz/[//zo qllreS,z 00n00,99 KOZ/sr/m n8/c/st//n m0EZ7 00)000'S9 o0c/E,/m 63nc/sc/0 �nsrc n��no�9 6Zoz/5I,/Ul nznz/sL/m W,nsnc 00n00'09 xzoc/g/m /znz/sI/Zn �nsaz 00n00'09 Zznn/sL/m pznr/sl/m 1/1nsn, 1 nnnnn'n9 gz0r/sI./m ' scnc/s-L/m snnz'c oo'nno'ov sznc/ct/m rcoz/g|/zo �nn9r on'oon'»� xcnc/g/m ' Ccoc/sz/m �n�y/ no'ono's� czoc/cl/m Zr0c/gl/m nnnnn'Ss rcnr/sI/N /co�0 �Vsc'L oon|x/'cs lcnc/�Ut0 oznc/sLbo "nsc| 00x00'99 nzoz/sL/|o ' *mz/s,//o �nnn,l nnnnn'�q amz/s//u/ Rmz/sI//0 Wnsxn onnno'ss xu/z/�|/u` - uoz/s///-n �mZ/sL/m 9lnc/m/vn uoJnnJ pdpu!+1 an(] aJDJDSlqa(l U04T0d»41110JOMOS EXHIBIT CS Sewer Utility Portion Revenue vs Debt Service Special Assessment Net Debt Levy Collection Date Total P+I Revenue* Service Year Year 01 /15/2017 9,499,78 - 9,974.77 01/15/2018 70,267.50 43,77936 30,001.57 2016 2017 01 /15/2019 69,800.00 43,779,36 29,510.64 2017 2018 01/15/2020 69,250.00 43,779,36 28,933.14 2015 2019 01/15/2021 68,617.50 43,779.35 28,269,03 2019 2020 0-715/ 2022 67,930.00 43,779,36 27,5-17.14 2020 21121 01/15/ 2023 67,187.50 43,779.36 26,767.57 2021 2022 01 /15/ 2024 66,390.00 43,779,35 25,930.15 2022 702.3 01/15/2025 70,510,00 43,779.35 30,256.15 202,3 2024 01/15/ 2026 69,490.00 43,779.36 29,185.14 2024 2025 01/15/2027 68,380.1.10 43,779.35 28,019,65 2025 2026 01/ 15/ 2028 67,210,00 43,779.36 26,791,14 2026 2027 01/15/ 2029 70,980,00 43,779.35 30,749.65 2027 7028 01/15/2030 69,582.50 43,779.35 29,287.78 2025 2029 01/15/ 2031 68,120.00 43,779.35 27,746.65 7029 2030 01/15/2032 66,592.50 43,779.36 26,142.77 2030 2031 01/15/2033 43,779,36 2031 2032 01/15/2034 43,779.36 2032 2033 01/15/2035 43,779.35 2033 2034 01/15/2036 43,779.35 2034 2035 01/15/ 2037 43,779.35 2035 2036 Total $1,039,807.28 $875,587.10 5435,107.31 * Special Assessments total $592,066 spread in even payments over 20 years at 4.0O% (2.00%© above bond rate). Special Assessments have been levied to reduce pledged sewer utility revenues for debt service. Page 12 NORTHLAND SECURITIES CERTIFICATION OF MINUTES RELATING TO $9,860,000 GENERAL OBLIGATION BONDS, SERIES 2016A Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on May 3, 2016 at 7:00 p.m. at the Issuer offices. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. 2016-28 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $9,860,000 GENERAL OBLIGATION BONDS, SERIES 2016A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on the 3rd day of May, 2016. City Administrator Counoilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION NO. 2016-28 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $9,860,000 GENERAL OBLIGATION BONDS, SERIES 2016A BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota (the "City"), as follows: Section I Authorization: Puroose. It is hereby determined to be in the best interests of the City to issue its General Obligation Bonds, Series 2016A, in the approximate principal amount of S9,860,000 (the "Bonds"), as authorized pursuant to Minnesota Statutes, Chapters 475, 444 and 429, for the purpose of (a) financing improvements in the City, (b) financing various water, sewer and storm water improvement in the City, and (c) funding costs of issuance of the Bonds. Section 2. Notice of Sale. Northland Securities, Inc., municipal advisor to the City, has presented to this Council a form of Notice of Sale for the Bonds which is attached hereto and hereby approved and which shall be placed on file by the City Administrator. Each and all of the provisions of the Notice of Sale are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Northland Securities, Inc. is hereby authorized to solicit bids for the Bonds on behalf of the City on a competitive basis. Section 3. Award and Sale. The City Council shall meet at the times and places shown in the Notice of Sale for the purpose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as may be in the best interest of the City. Upon vote being taken thereon, the following members voted in favor thereof: and the following members voted against the same: whereupon the resolution was declared duly passed and adopted. NOTICE OF SALE $9,860,000 GENERAL OBLIGATION BONDS, SERIES 2016A CITY OF LAKE ELMO, MINNESOTA (Book -Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following TIME AND PLACE: Proposals will be opened by the City Finance Director, or designee, on Tuesday, May 17, 2016, at 10:30 A.M., CT, at the offices of Northland Securities, Inc., 45 South 7th Street, Suite 2000, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City Offices beginning Tuesday, May 17, 2016 at 7:00 P.M., CT. SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities, Inc., b) faxed to Northland Securities, Inc. at 612-851-5918, c) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to Northland Securities, Inc. by telephone at 612-851-5900 or 612-851-4920, or d) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITY', or its successor, in the manner described below, until 10:30 A.M., CT, on Tuesday, May 17, 2016. Proposals may be submitted electronically via PARITY' or its successor, pursuant to this Notice until 10:30 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITY', or its successor, conflict with this Notice, the terms of this Notice shall control, For further information about PARITY'', or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal® at 1359 Broadway, 2" floor, New York, NY 10018, telephone 212-849-5021. Neither the City nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITY" or its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. BOOK -ENTRY SYSTEM • The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of S5,000 and may be made in any maturit:‘,. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. The Bonds will be issued by means of a book -entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the City through Northland Trust Services, Inc., Minneapolis, Minnesota (the "Paying Agent/Registrar"), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer olprincipal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificates with DTC. The City will pay reasonable and customary charges for the services of the Paying Agent/Registrar. June I, 2016 DATE OF ORIGINAL ISSUE OF BONDS AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429, 444 and 475, as amended, Proceeds from issuance of the Bonds will be used to finance street, water, sewer and storm water improvement projects and to pay costs associated with issuance of the Bonds. The Bonds are payable from special assessments on benefitted properties, water, sewer and storm water revenues, and general ad valorem taxes on all taxable property within the City. The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the debt service account established for this issue. DITEREST PAYMENTS Interest is due semiannually on each January 15 and July 15, commencing, January 15, 2017, to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the first day (whether or not a business day) of the calendar month of such interest payment date. MAT MUTES Principal is due annually on January 15, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2018 $690,000 702.3 $730,000 2028 8490,000 2019 695,000 2024 745,000 2029 500,000 2020 710,000 2025 755,000 2030 510,000 2021 710,000 2026 770,000 2031 520,000 2022 725,000 2027 780,000 2032 530,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of l%. Rotes must be in level or ascendin order. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturi ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion of the City. The successful bidder may not withdraw or modify its Proposal once submitted to the City for any reason, including post -sale adjustment. Any adjustment shall bc conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION Bonds maturing on January 15, 2025 through 2032 are subject to redemption and prepayment at the option of the City on January 15, 2024, and any date thereafter, at a price of par plus accrued interest. Redeinption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the 13onci Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. DELIVERY Delivery of the Bonds will be within forty days after award, subject to an approving legal opinion by Dorsey & Whitney, UP. The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC. TYPE OF PROPOSAL Proposals of not less than $9,761,400 (99.00%) and accrued interest on the principal sum of $9,860,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to: Cathy Bendel, City Finance Director 3800 Laverne Ave N. Lake Elrno, Minnesota 55042 A good faith deposit (the "Deposit") in the amount of $197,200 in the form of a federal wire transfer (payable to the order of the City) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Municipal Advisor promptly after the sale. if the Deposit is not received from the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. The City will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the City. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each Proposal, in accordance with customary practice, will bc controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The City will reserve the right to: (i) waive non -substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal which the City determines to have failed to comply with the terms herein. INFORMATION FROM SUCCESSFUL BIDDER The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. OFFICIAL STATEMENT By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulernaking Board (MSRB). FUIA, CONTINUING DISCLOSURE UNDERTAKING The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2-I 2. BANK QUALFFICATION e City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BOND INSURANCE AT UNDERWRITER'S OPTION if the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor al the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall he paid by the successful bidder, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds. The City reserves the right to reject any and all Proposals, to waive informalities and to adjourn the sale. Dated: May 3, 2016 BY ORDER OF THE CITY COUNCIL /s/ Cathy Bendel City Finance Director Additional information may be obtained from: Northland Securities, Inc. 45 South 7' Street, Suite 2000 Minneapolis, Minnesota 55402 Telephone No.: 612-851-5900 MUNICIPAL ADVISORY SERVICE AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELMO, MINNESOTA AND NORTHLAND SECURITIES, INC. This Agreement made and entered into by and between the City of Lake Elmo, Minnesota (hereinafter "City") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter 'NSF). SS WHEREAS, the City desires to have NSI provide it with advice on the structure, terms, timing and other matters related to the issuance of the General Obligation Bonds, Series 2016A (the "Debt") serving in the role of municipal (financial) advisor, and WHEREAS, NSI is a registered municipal advisor (regis(ration # 866-00082-00), and WFIEREAS, the City and NSI are entering into this Agreement to define the municipal advisory relationship at the earliest opportunity related to the Debt, and WHEREAS, NSI desires to furnish services to the City as hereinafter described, NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NSI NSI shall provide the City with services necessary to analyze, structure, offer for sale and close the Debt as follows: Planning and Development 1. Meet with City officials and others as directed to define the scope and the objectives for the Debt. 2. Investigate and consider reasonably feasible financing alternatives. 3. Prepaxe materials needed to evaluate the material risks, potential benefits, structure and other characteristics of the recommended plan for the Debt, including issue structure, estimated debt service payments, projected revenues, method of issuance, bond rating, sale timing, and call provisions. 4. Prepare a schedule of events related to the issuance process. 5. Coordinate with bond counsel any actions needed to authorize the issuance of the Debt. 6. Attend meetings of the City Council and other project and bond issue related meetings as needed and as requested. Bond Sale 1, Collect data and prepare preliminary official statement (POS). 2. Provide POS for review and approval by City. 3. Distribute the POS and bid form to prospective bidders. Municipal Advisory Service Agreement 4. Cause to be published the Official Notice of Sale if required by law. 5. Prepare and submit application for bond rating(s) and assist City with furnishing the rating agency(s) with any additional information required to conduct the rating review. Assist City with preparing and conducting rating call or other presentation. 6. Distribute offering materials to underwriters most likely to serve as syndicate managers to assure that bidding interest is established. 7. Assist the City in receiving the bids, compute the accuracy of the bids received, and recommend to the City the most favorable bid for award. 8. Coordinate with bond counsel the preparation of required contracts and resolutions. Post Sale Support 1. Prepare final official statement and provide to underwriter for posting on EMMA. 2. Coordinate the bond issue closing including making all arrangements for bond printing, registration, and delivery. 3. Furnish to the City a complete transcript of the transaction, if not provided by bond counsel. 4. Assist, as requested by the City, with the investment of bond issue proceeds. COMPENSATION For providing these services with respect to the Debt, NSI shall be paid a lump sum of $27,500. The fee due to NSI shall be payable by the City upon the closing of the Bonds. NSI agrees to pay the following expenses from its fee: • Out-of-pocket expenses such as travel, long distance phone, and copy costs. • Production and distribution of material to rating agencies and/or bond insurance companies. • Preparation of the bond transcript. The City agrees to pay for all other expenses related to the processing of the bond issue(s) including, but not limited to, the following: • Engineering and/or architectural fees. • Publication of legal notices. • Bond counsel and local attorney fees. • Fees for various debt certificates. • The cost of printing Official Statements, if any. • City staff expenses. • Airfare and lodging expenses of one NSI official and City officiais when and if traveling for rating agency presentations. • Rating agency fees, if any. • Bond insurance fees, if any. • Accounting and other related fees. It is expressly understood that there is no obligation on the part of the City under the terms of this Agreement to issue the Debt. If the Debt is not issued, NSI agrees to pay its own expenses and receive no fee for any services it has rendered. 2 Municipal Advisory Service Agreement SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the City and NSI and their successors or assigns. TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the City or NSI and it shall terminate sixty (60) days following the closing date related to the issuance of the Debt. Dated this 19th day of April, 2016. Northland Securities, Inc. By: John R. R. Fifield, Jr. - Senior Vice President City of Lake Elmo, Minnesota By: Its: B� 9 Staff Updates 1. Upcoming Meetings a. March 14,IOl6 b. March I8,IOl6 Commission Concerns Lundquist isconcerned about people driving Vnthe walking path on55m street. She would like to either see the road opened back up or to see it clearly marked as a trail. Dunn wants us to stay on top the transportation issues so that people have safe access tohighway 5and highway 3G. Meeting adjourned at1Z:Z7pnn Respectfully submitted, Joan Ziertnnan Planning Program Assistant I,ake Elmo Planning Commission Minutes; 2-22-16 for landscaping. The City engineer wants toreview toensure there isnoproblem getting tostorm ponds. There are anumber ofagreements that need tnberesolved. Paul Tabone,Lennar,explained the phasing ofthe trail. Hespoke about the lot fit and the setback issue. Lennarxvnu|d like to continue with the setbacks that they used in 11t , 2nuand Smaddition in41haddition. Hetouched onadding 2lots which conforms tothe Preliminary Plat. They are working nnfinalizing the landscape plan. Taboncstated that they are meeting with staff next week todiscuss the agreements. Heexplained some Vf the issues they are trying kawork through. Kreinnerisconcerned about the street names. They are not in a good sequence. It was in the Fire Chiefs comments. He would like the street names to be reviewed. Williams would like Iminor changes tothe draft findings. 0nthe 4mbullet point, he would like to add after requested by the City Landscape Architect the words "letter datedZ/lU/16." Onthe last bullet after requested bythe City Engineer the words "letter dated 2/l5/l6." M/S/P: Williams/Larson, move to recommend approval of the Final Plat for Savona 411 addition with draft findings and conditions of approval included in staff report and as amended, Vote G-[lmotion carried unanimously. (Haggard left meeting eady). &1/S/F: Williams/Larson, move that the Planning Commission endorse using aerially spaced boulders in erosion control structures pursuant to the landscape architect approval, Vote 1-5, motion fails. M/S/P: Kreimer/Dunn, move that the Planning Commission endorse using boulders in erosion control structures pursuant to the landscape architect approval, Vote 6-0, motion carried unanimously. M/S/P: VViUiannx/Kne/noer, move that the Planning Commission endorse the 7.5 foot average setback for Savona 4t' addition and that in no case should living space be closer than 7.5feet and also that the code bechanged toincrease the lot width and change the setbacks for future developments, Vote6-[l motion carried unanimously. Commission discussed increasing lot size and lot width from 65-70 and being strict with setbacks tolOfeet. Council Updates — February %G,2O16Meeting l. Commercial Wedding Ceremony Ordinance —Passed. Z. Commercial VVeding[UP —Passed. 3. ZTA Senior Living — Passed. 4. Arbor Glen — Rezoning QConditional Use Permit —Passed. u 5. Appointment of Kristina LundquistasZ" A(ternate. Lake Elmo Planning Commission Minutes; 2-22-16 7 Cu|'de-sarand ifthe City Engineer had comments about that. VVensnnanstated that they are not infavor esthey are harder tomaintain and snow plow. Lundquist asked about around about toslow traffic. Erickson stated that round abouts are typically used ata4way intersection, but they could look into that. Larson stated that there a number of options to use to slow traffic like treads and bump outs. Williams is suggesting an additional condition to read "to file an agreement with the City, between the developer and the Hecker family for a driveway from the new road and the buffer encroachnnents" Williams isalso concerned about the configuration ofthe open space. There are alot of long thin oudotsthat hedoes not feel meets the spirit ofthe ordinance, Haggard had the same concern and adding the ghost lots, will take some ofthe open feeling away. Kreinne/ is okvvith it as shown as these are larger lots which makes it harder to accommodate the open space. There is concern about the driveway for lot 40 from an access management standpoint. The Heckers are being required to remove their driveway and this lot might be creating the same sort ofsituation. M/S/P: Williams/Haggard recommend approval of the Legends concept plan dated 1/25/16, based on the findings of fact as earlier discussed, and with the conditions as listed in the staff report, with the additional one regarding the agreement with the Heckers, Vote 6-1, nnutiom. carried. Dunn voted no as there are many developments with only one exit and entrance such as the Forest, Tana Ridge and Fields of St. Croix. K4/S/P:VViUianns/Lundquist,move toamend the motion \oinclude the trail shown inthe northwest corner on the concept plan dated 2/22/16 as part of the concept plan, Vote 7'0,motion carried unanimously. Business item - Final Plat —Savona 4th Wensman started his presentation regarding Savona 411 which is the final phase of the Lennardeve|opnnent. This phase isfor 78single family lots over ZO.4acres. This phase will complete S1h street from Keats tnBoulder Ponds. This phase |sLDR. The issues to discuss are setbacks, lot fit, landscaping and agreements. The setback issue is that LDR setback bprincipal building l0feet and garage 5feet. )fthere isUvingspacebehind the garage, what do you do? Preliminary Plat report talks about averaging. How should we move forward? Lot fit isthat they lost some lots due topnnd/ngand other issues and they are adding back 2lots inthis phase. They seem k/still meet the requirements and staff feels it is acceptable. They would like to use the boulders from their development Lake Elmo Planning Commission Minutes; 2-22-16 b Jessica Erickson, 5760 Lily Ave, she is opposed to the connection of Linden Ave for safety reasons. Their neighborhood is safe and peaceful, but increasing the traffic will change the feel ofthe development. Mark Cotton, 11797 56 ffi Street, agrees with previous comments. Ben Backberg, 5693Linden Ave, his lot isthe closest lot that would beimpacted bv Linden going through, The research from MNdotisthat the Manning intersection isone ofthe worst inthe state. Lake Elmo only owns aportion ofthe road and Stillwater Township owns the rest. Charles Cadenhear, 12190 Marquess Lane, he is a civil engineer and believes that MNdotwill hcrequired toprovide access during construction times. Hedoes not feel there isaneed for aconnection for those Idevelopments. There were 14 written comments received via email today, In effect, they are the same comments previously heard, VVensnnan read the names into the record and they will be attached tothe minutes. Public Hearing Closed at 10:10 pm. Williams Larson wanted to know if the Cul-de-sac would impact the number of lots in the development. Landucdstated that atthe last Planning Commission, they were directed to provide the connection. The could rework the Cu|'de'5acand itwould not affect their lots. They are willing to go either way. Williams is not comfortable with the idea of a Cul-de-Sac being this long. The City code does not allow ittobelonger than 6OUfeet. Hefeels that iLixnot uncommon for there tobeincreased traffic when developments happen around them. There was apaved road planned to be connected when Sanctuary went in and he feels it should go through. Haggard istorn inregards tothe road going through. She believes ifthere isa connection, the roads inSanctuary need tobemaintained better. She asked about the Lake Elmo Planning Commission Minutes; 2-22-16 Parks is recommending to construct trail to the Sanctuary Pork and the rest of the dedication will becash inlieu ufpark dedication. The City Engineer isrecommending � �O street right ofway and atrail. The deviations from the OP Ordinance for this plan are that the homes are on the least fertile soils, LVts4, 32 and 37 and entrance road are within the buffer area. The deviations require a 4/5 vote. Phase / bgoing tostart to the North. Staff is recommending a condition that construction traffic access the site off of50m street. Haggard asked if the ghost lots were factored in for the open space. VVensnnan stated that they were not. Haggard asked about the trail maintenance, VVenonnanstated that itisinthe public right ofway and would 6ethe [ity'sresponsibility. Todd Erickson, representing Landucci Homes, talked about the trail system and the connection tothe Sanctuary Park, They are concerned about connecting the Legends road tothe Wedding venue driveway. Erickson stated that they are close toan agreement with the Hecken. Hediscussed some ofthe issues with the individual septic Public Hearing opened at9:31pm. Carolyn Cary, S7OlLinden Ave, the roads inSanctuary are narrow, They are curvy and have many b|indspots. There are alot nfpedestrians and kids and others riding bikes, etc, in the street. The trail system inSanctuary isshared with Carriage Station and will be shared with Legends. Any additional traffic will affect this trail system. She would like tosee atrail connection and cu|-de'nacrather than aconnected road. MicheUeChickett S7llLinden Ave, she agrees with previous speaker. She would like tv refer to the ordinance that talks about the distinct neighborhoods. She thinks a Cul- de-sac is a good compromise. She presented MNdot data regarding the intersection at Manning. Pamela Chickett,S7llLinden Ave, she agrees with the previous speakers. She would like their neighborhood tnbedistinct and separate. She thinks there ismore ofasafety concern by making that a through street because it places the children in the neighborhood atrisk, Todd Nicnno4ll679S8mStreet, heisopposed tnLinden Ave going through. He believes that the dangers of running this road through far outweigh the benefits. Danny Hecker, 1l65O5OmStreet, they are heavily impacted on2sides bythis development. They are not okwith the buffer setbacks being violated, but they have had some good conversations with Nate regarding options. They would prefer tnkeep their driveway, but that may not beanoption. Lal�e Elmo Planning Commission Minutes; 2-22-16 4 Move toadd condition number 11that would betoenter into amaintenance agreement with the City regarding the maintenance ofthe road only through the term of the interim use, Vote: 7-0 motion carried, unanimously. Move to add condition number 12, to require an erosion control plan with any extension of the gravel entrance road, Vote: 7-0, motion carried unanimously. Move toadd acondition l3that the applicant i3required brsubmit the results ofan |nsturnen1ed measurement of sound at the east and west property lines at the wedding ceremony site to demonstrate compliance with the City's noise ordinance, vote: 7'0, motion carried unanimously. M/S/P: Williams/Griffin, move to recommend approval of the Interim Use Permit for a commercial wedding venue based on the finding of facts in the staff report and with the 13 conditions of approval as discussed, Vote: 7-0, motion carried unanimously. Public Hearing — Open Space Development — Legends of Lake Elmo Wensman started his presentation by showing the location of this development and presenting some of the background information from previous meetings. With the current plan, there are 40 lots and there are 5 outlots that are platted as ghost lots. These are held in reserve in case of ordinance change and will be held in reserve for future development. Staff isrecommending that the 5out|otsbeplatted asone outlot as we do not know what will happen in the future and they will need to be replatted anyway. A big discussion is the in1erconnectivitynfneighborhoods for safety, Currently Sanctuary only has one access. The future ofsiOna|ization at SOmStneet and Manning is dependent onconnectivity ofneighborhoods. The County has made itclear that ifthe City does not have interconnected neighborhoods, they will not invest in signalization. There was a new plan for the development submitted today that is in reponse to negotioationswith the Hecken;. Nothing has been finalized, asthose negotiations are ongoing. Those negotiations include agreeing toscreening tothe north of the Hecker property and access management on 50th Street for driveway access to the Legends entrance. There isnupark shown onthis plan toconnect tothe Sanctuary Park asthe slopes are high. There are 5standards for open space /nthis type ufdevelopment. There should be conservation easements, contiguous parcels not less than 10acres (60Y6 must meet this standard), maintained for the purposes for which it is set aside, maintained bythe HOAand contiguous with adjacent open space. Buffering isstill an issue tothe Hecker parcel. The road and 3parcels violate this setback, This isnot fully resolved with the Heckco. This can bewaived by4/5vote ofthe Council. Lake Elmo Planning Commission Minutes; 2-22-16 Lundquist isconcerned about the road and the path. She thinks there should bea condition that rectifies the problem, She isconcerned that people coming tothis venue will come upManning. Haggard wants tomake sure that the street issafe and maintained. Asfar asthe financial aspect, that |sfor the Council tndecide. She is in support of this application. She would like tosee number 4include "responsib|edesignue" Williams isconcerned about #6stating for lOyears. He does not think the expenses mentioned relate tothe length ofthe permit. Hcwould like tosee itbcSyears which would give the City the opportunity tnreview the wedding venue. Williams thinks there needs to be a maintenance agreement, but what that is, is up to the City Council. Hewould also like toadd acondition that the applicant submit a report regarding the noise levels. Williams would like to see condition #2 remain as the applicant does not intend to use her primary driveway for the venue. Lundquist stated that driving a fire truck or an emergency vehicle on a gravel driveway orfield, isnodifferent than driving onthem atthe county fair grounds. Williams thinks that since this is m commercial application, we should stick to the commercial standards. Griffin thinks it makes more sense to use the homeowner driveway for emergency access and then use agate tothe venue. VVenornanstated that he would becomfortable with the field road entrance at 18'vvide and designed to a 7 ton standard and that the regular driveway be for emergency access and that the main driveway remain clear during all events. The Commission would like Chief Malmquist to look at the driveway prior to this going t0the City Council. Move to amend condition #2 to read that the access road be 18 feet wide and be toa7 ton standard to accommodate emergency vehicles to the northernly area of the parking area orthat the private drive remain clear during the venue, Vote: 7-0, motion carried, unanimously. Move toamend condition #6toread "The interim use isvalid for aperiod of five years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site", Vote: 7-0, motion carried, unanimously. Lake Elmo Planning Commission Minutes; 2-22-16 Williams asked about the tent. The ordinance states that ithas tnbe taken down within 7Zhours ofthe event. Based onthe comment ofthe Building Official, will they need a permit each time atent isput up. VVensnnanstated that yes they would. Dunn asked about the storm water management plan. VVensrnanstated that the City is requiring upgrades tothe driveway for safety purposes. Williams asked ifthere isaturn around. VVensnnanstated that there isnot astructure and itisnot asdifficult ofan entry. Carol Palmquist, 12202 55th Street, is the applicant and stated that she has maintained the gravel road. She isnot prepared topay the assessment for apaved road Oracu|'de' sac. Kreinoe/asked why she isasking for 1Oyears for the |UP. Pa|nnquiststated that she is asking for 1Oyears asshe has additional expense tnget the business off the ground. Griffin asked about the field road. She iswondering how far itwill gninto the property and how wide itwill be, Public Hearing opened at7:]Opm. Chip Longacre,1lO5855mStreet N,bdismayed that itisbeing made sodifficult for Ms. Pa|nnquisttomake alittle money from her property. The City has done apoor job of maintaining the gravel road infront Vfproperty. Carolyn Cary, SZOlLinden Ave, wants the City tounderstand how toabate the noise. There are anumber ofenvironmental issues that have animpact. Donna Sloan, 12208 Marquess Lane, she does not have a problem with this venue as long ositcomplies with the sound, traffic, and other issues. She would like toknow what happens if itdoes not comply. Wensman stated that if there is a problem, the City woud contact Ms. Palmquist to bring itinto compliance, |fthere isachronic problem, staff would document that and take appropriate steps torevoke the permit. There were no electronic or written comments. Public Hearing closed at7:49pm. Dunn does not think that the paved 7 ton road is necessary as her driveway is paved. She would like tosee condition #2removed. She i»insupport ofthis application. Lake Eli -no Planning Commission Minutes; 2-22-16 mF(AT Y,)I �' LAKE ELMO City mfLake Elmo Planning Commission Meeting Minutes ofFebruary 23,2Q16 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at COMMISSIONERS PRESENT: Haggard, Kreimer, Dunn, Larson, Griffin, Lundquist and COMMISSIONERS ABSENT: Fields &Dodson STAFF PRESENT: Planning Director VVenxnnan Approve Agenda: The agenda was accepted as amended. Approve Minutes: January ll,ZOl6 M/S/P: Williams/Kreimer move to approve the January 11, 2016 minutes excluding the vote on the November 23, 2015 minutes, Vote: 7-0, motion carried unanimously. Public Hearing Interim Use Permit Application — Commercial Wedding Ceremony. Wensman started his presentation regarding the Palmquist Commercial Wedding Ceremony Venue. This request isfor alOyear interim use permit onanagricultural property at122025SmStreet N. The applicant isrequesting wedding ceremonies adjacent tothe vineyard with turf parking, There would be3-4employees and upto lOOAuests. There would beupto4events per week from May — October, with nomore than 3 venues on any Saturday. Huursvvou|dbelOann—lOpnn. The noise ordinance would be complied with and there would be a traffic attendant during venues, There will be trash receptacles and temporary tents that comply with code. Access from the site would beoff nfSSmStreet. SSmstreet becomes agravel drive after Carriage Station. The engineer isconcerned about long term maintenance. There are a couple of options l\ there could be a maintenance agreement nr2\ they could require a paved cu|-de'sacand assess the improvements. All activiteswill betaking place inan open field. There is no structure being used inthis case, however, there would need to benestroonofacilities. Staff isrecommending approval with 1Iconditions. Lake Elmo Planning Commission Minutes; 2-22-16 LEGEND DNR PROTECTED WATERS • • • • • • • • owl PRort-crED wFrLANo — DNFI PROTECTED WATERCOURSE MUNICIPAL BOUNDARY PARK BOUNDARY CONTOUR LEGEND ------- 10 ROT INTERVAL CORTOUR 2 FOOT INTERVAL CIATOUR DEPRESSION c-71) DASH EC) CONTOURS INDICATE QUESTIONABLE ACCURACY DUE TO GROUND VEGETATION SPOT ELEVATION NORTH SCALE: 1 inch = 120 feet st-cmsP1wGEoES I- 7 • 3603321 31030,20 3203020 1 101023211r:R2920105023 202321 0702921) BK2920 COUNT! VICONTY T1-I F. (•_;r1m," LAKEEL MO MAYOR AND COUNCIL COMMUNICATION DATE: 5/3/2016 REGULAR ITEM #: 14 Public Hearing MOTION AGENDA ITEM: Interim Use Permit for a Commercial Wedding Ceremony Venue SUBMITTED BY: Stephen Wensman, Planning Director REVIEWED BY: Emily Becker, City Planner SUGGESTED ORDER OF BUSINESS: Introduction ....... ........ ...... ......,.................... ....... ...... ...Planning Staff Report by Staff .....,....... ....... . ....... ......... . ........ . ......... ....Planning Staff - Questions from the Council ..... Mayor& City Council Open the Public Hearing . ...... ..............,.... ........ ................ ..... Close the Public Hearing .................. ...... ...... .............,........,...... ..... ..............Mayor - Discussion by the Commission ..... ..................................... Mayor& City Council - Action by the Commission........... ...... .......................„.. ........... Mayor& City Council SUMMARY AND ACTION REOUESTED: Carol Palunquist is requesting approval of a 10-year Interim Use Permit to establish a Commercial Wedding Ceremony Venue to be located at 12202 5.5th Street N. Staff and the Planning Commission recommend approval a 5-year Interim Use Permit with conditions with the following motion: "Move to approve Resolution 2016-19 granting a 5-year Interim Use Permit for a Commercial Wedding Ceremony Venue with 13 conditions". BACKGROUND AND STAFF REPORT: Carol Palmquist is requesting approval of a 10-year Interim Use Permit to establish a Commercial Wedding Ceremony Venue on her residential property located at 12202 55th Street N. On February 16, 2016, the City Council approved an amendment to the Commercial Wedding Ceremony Venue ordinance to allowed the venues as an accessory use with an interim use permit in the A — Agriculture, RT - Rural Transitional, and RR -Rural Residential zoning districts on parcels 10 acres in size or greater, increased the allowed number of venues to no more than four per week, no more than 2 per day, requires an operator or responsible designee be on the premises for the duration of each event, and exempts applicants from the commercial parking and curbing requirements of Section 154.210. On February 22, 2016, the Planning Commission held a public hearing. At the public hearing, three residents spoke on the item. One spoke in favor of the item and the two others expressed concerns about noise, environmental concerns, and the city's poor maintenance of the road. Of those that spoke, none were opposed to the City Council Meeting [Public Hearing Item 14] May 3, 2016 proposal. The Planning Commission discussed primarily focused on the duration of the interim use permit, and the issues of noise and emergency vehicle access requirements. The Planning Commission recommended approval of a 5-year 'merlin Use Permit with 13 conditions. Note: Since the Planning Commission meeting, Staff has determined the existing paved residential cannot serve as an emergency access for the Wedding Venue due to being more than 150 feet away from the gathering area. The applicant will need to pave the entrance drive to the field to a 7 ton standard, 18 feet in width to meet the Code requirements as originally written in condition number 2. Also, the conditions related to tent permitting, 7 and 8, are required by the building code regardless of them being a condition or not. The conditions have been included to inform the applicant of the building code provisions. This item was pulled from the 4/19 City council agenda due to it being advertised in the alternate newspaper. Since then, the City learned it could only have a single local paper to advertise public notices. CONDITIONS OF APPROVAL: On February 22, 2016, City Staff had presented 10 conditions of approval in the Staff report. The Planning Commission amended conditions 2 and 6, and added three additional conditions (underlined), however condition two will not meet the need for emergency access_ The recommended conditions of approval are: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking area, or that the access adjacent private drive remain clear during venues for emer?.enc-y service vehicles. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period of -ten five years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code. 8) Applicant must comply with all applicable requirements of the MN State Fire Code: City Council Meeting [Public Hearing Item 14] May 3, 2016 • Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code, • Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. • Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route. 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. 11)APPlicant enter into a maintenance agreement with the City to maintain 55th Street west of Marquess Trail to the applicant's field road through the term of the Interim Use Permit 12) Submit an erosion control plan with any extension of the gravel entrance road. 13) Submit the results of an instrumented measurement of sound at the east and west property lines at the wedding ceremony site to demonstrate compliance with the City' noise ordinance. REOUIRED FINDINGS: An interim use permit may be granted only if the City Council finds as follows: 1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. 3. The use will not adversely impact implementation of the Comprehensive Plan. 4. The user agrees to all conditions that the City Councii deems appropriate to establish the interim use. This may include the requirement of appropriate financial surety such as a letter of credit or other security acceptable to the City to cover the cost of removing the interim use and any interim structures not currently existing on the site, upon the expiration of the interim use permit. 5. There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. 6. The date or event terminating the interim use shall be set by the City Council at the time of approval. Staff and the Planning Commission believe the application meets each of the above listed findings. City Council Meeting [Public Hearing Item 14] May 3, 2016 RECOMMENDATION: Staff and the Planning Commission recommend approval a 5-year Interim Use Permit with conditions with the .following motion: "Move to approve Resolution 2016-19 granting a 5-year Interim Use Permit for a Commercial Wedding Ceremony Venue with 13 conditions". ATTACI1MENT(S): • Commercial Wedding Ceremony Venue Ordinance • Resolution 2016-19 • 2/22/16 Planning Commission Minutes CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-19 A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR CAROL PALMOUIST TO ESTABLISH A COMMERCIAL WEDDING CEREMONY VENUE AT 12202 55TH STREET N. WHEREAS, the City of Lake Elmo has approved a Commercial Wedding Ceremony Venue ordinance on 2/21/13; and WHEREAS, the Commercial Wedding Ceremony Venue ordinance was amended on 5/6/14, and on 3/19/16; and WHEREAS, the applicant, Carol Palmquist, residing at 12202 55th Street N, applied for an Interim Use Permit to establish a Commercial Wedding Ceremony Venue as an accessory use on her property; and WHEREAS, the Planning Commission held a public hearing on February 22, 2016; and WHEREAS, the Planning Commission found the proposed Interim Use adequately conforrns to the following findings of fact: 1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. 3) The use will not adversely impact implementation of the Comprehensive Plan. 4) The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate once the property is sold or developed under future zoning. 5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. 6) The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel; and Resolution 2016-13 WHEREAS, on February 22, 2016, the Planning Commission recommended the City Council approve the Interim Use Perrnit with 13 conditions; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the five year Interim Use Pennit to establish a Commercial Wedding Ceremony Venue at 12202 55th Street N with the following conditions: 1) That a parking attendant be on site to assist with cars arriving and exiting e site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking arca. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period of five years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. • Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code. 8) Applicant must comply with all applicable requirements of the MN State Fire Code: • Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code. • Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. • Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route. 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. 11) Applicant enter into a maintenance agreement with the City to maintain 55th Street west of Marquess Trail to the applicant's field road through the term of the Interim Use Permit 12) Submit an erosion control plan with any extension of the gravel entrance road. Resolution 2016-13 13) Submit the results of an instrumented measurement of sound at the east and west property lines at the wedding ceremony site to demonstrate compliance with the City's noise ordinance. This resolution was adopted by the City Council of the City of Lake Elmo on this _ day of , 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2016- 13 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-128 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING TO COMMERCIAL WEDDING CEREMONY VENUES SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; § 154.310, Subd. D is hereby amended by adding the following; D. Commercial Wedding Ceremony Venue. A commercial wedding venue is allowed as an accessory use with an interim use permit in the A — Agriculture, RT — Rural Transitional, and RR -Rural Residential zoning districts on parcels 10 acres in size or greater. The establishment of a Commercial Wedding Venue on RR parcels is limited to those sites meeting the following criteria: 1) the site has historically been used as a farmstead for the surrounding agricultural land; and 2) the use will incorporate a barn or other historical agricultural building over 75 years of age for the wedding ceremonies. The suitability of a parcel for a wedding venue shall be determined by the characteristics of the site and by the unique capacity of the parcel to accommodate the use while preserving the essential rural character of the neighborhood and the site on which the use is located, by the ability of the parcel to accommodate the use without negative impact on the general health, safety, and welfare of the community, and by other factors the City may deem appropriate for consideration. The use must adhere to the following standards: 1. Ownership. The property will be the primary residence of the venue operator(s). The operator or responsible designee (a family member, employee, or responsible designee at least 21 years of age) must be on the premises for the duration of each event. Afaximum Number of Guests. The maximum number of guests is limited to 200 for each event. 3 Food and Beverages. The serving of food and beverages is permitted only as part of the ceremony. 4. Seasonal Operation. Ceremonies are limited to no more than four per week, no more than 2 per day, and are permitted only during the months of May through October. 5. Hours of Operation. Events shall only be allowed between the hours of 10:00 a.m. and 10:00 p.m. All guests and staff must vacate the premises by 10:00 p.m. All lights associated with the event must be turned off by 10:00 p.m. Any one ceremony is limited to a maximum duration of three (3) hours. 6. Overnight Accommodations. No overnight accommodations are allowed. 7. Of[Street Parking. Off-street parking shall be required in the ratio of one (1) parking space for each three attendees based on the maximum number of attendees planned for the site. The off-street parking area and the number of parking spaces shall be documented on the required site plan. Off-street parking shall be exempt from the paving and curbing requirements in Section 154.210. Setbacks. The minimum setbacks from neighboring houses and property lines for the various activities associated with the wedding venue shall be as follows: i. Parking: 100 feet from residential property lines; 200 feet from neighboring houses. ii. Outdoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. iii. Indoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. 9. Landscaping/Screening. Landscaping may be required to buffer the use from adjacent land uses and to provide screening when such screening does not presently exist on the site. A landscape plan shall be submitted at the time of application for an Interim Use Permit. 10. Grading. Any proposed grading shall observe all requirements of Section 151.017 of the City Code. If a grading plan is required, it shall be submitted in conjunction with an application for an Interim Use Permit. 11. Traffic. A transportation management plan shall be submitted as part of an application for an Interim Use Permit. The plan shall address traffic control, including traffic movement to the public street system and impact on the SUITO unding roadways. 12. Structures. All existing or proposed structures to be used for the weddint, ceremony venue shall be inspected by the City's Building Official and must meet applicable Building Code requirements. i. Temporary Structures, Temporary Structures, including tents and canopies, may be allowed. Tents and canopies may be erected no more than (1) day prior to an event and must be removed no more than 72 hours following the event. 13 Application. An application for a commercial wedding venue shall follow the application and review procedures for an triterim Use Permit as specified in Section 154.107. In addition to the submission requirements of Section 154.107, an application for a commercial wedding venue shall include the following information: i. The expected number of attendees per ceremony; 2 ii. The number of ceremonies per year; iii. The number of employees; iv. The hours of operation; v. Sanitary facilities; vi. Lighting; vii. Sound amplification to be used and a plan to minimize any amplified sounds; viii. Temporary structures or tents to be used in association with the planned events; ix. Signage; x, Security to be provided; xi. Location of all trash receptacles; xii. Traffic management plan; xiii. Other documentation as specified herein; 14. Sanitaiy Facilities. Sanitary facilities adequate for the number of attendees shall be provided. Portable toilets may be approved for temporary use, and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure. 15. Lighting. Lighting associated with the wedding venue shall be limited to downcast and shielded fixtures so that the source of the light is not visible from adjacent roads or neighboring properties. Lighting shall comply with Section 150.035 of the City Code, 16. Noise. All wedding venues shall comply with City's noise standards found in Section 130.45 through 130.48 of the City Code. 17. Sound Amplification. Amplification of music and participants and is allowed only in conjunction with a wedding ceremony. There shall be no other amplification of music or sound outside of the ceremony. 18. Waste. All solid waste must be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, or other nuisance conditions and must be removed at least once every seven days by a licensed solid waste hauler. l9. Liability. The applicant shall secure adequate liability coverage, which shall be in place at least one week prior to any event. 20. Other Activities. Other than the commercial wedding ceremonies authorized under this section, no other commercial ceremonial activities may be conducted on the site. (Ord. 08-080, passed 5-21-2013) (Ord. 08-28, passed 5-6-2014) 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 08-128 was adopted on this 16 day of February, 2016, by a vote of 3 Ayes and 2 Nays. A I I EST: utie ohnson, y Clerk LAKLELMO CITY COUNCIL ke Pearson, ayor This Ordinance 08-128 was published on the i,f6 \ day of 1 _, 2016. 4 Ti IF CITY OF LAKE ELMO PLANNING COMMISSION DATE: 2/22/2016 AGENDA ITEM: 4C —PUBLIC HEARING CASE #2016-04 City of Lake Elmo Planning Department Interim Use Permit Request: Commercial Wedding Ceremony Venue To: From: Meeting Date: Applicant: Owner: Zoning: Planning Commission Stephen Wensman, City Planner February 22, 2016 Carol Palmquist Carol Palmquist A - Agriculture Suggested Order of Business Introduction._ ..... ........, , Planning Staff Report by Staff. ............. ....... ..... Planning Staff - Questions from the Commission............... ....... Chair & Commission Members Open the Public Hearing ..... ...... ..... Chair - Continue the Public Hearing to the February 8, 20] 6 meeting date ..... ............. ...... Chair - Discussion by the Commission Chair & Commission Members Introductory Information Requested The applicant is requesting approval of a 10 year Interim Use Permit to establish a Permit: commercial wedding ceremony venue on an Agricultural property located at 12202 55th St. N. Application The requested interim use would allow a commercial wedding ceremony venue to be Summary: established on a 10.26 acre agricultural property located at 12202 5511' St. N with the PID: 06.029.20.23.0006 The application details include the following: PUBLIC HEARING ITEM 4a — ACTION ITEM Type of business: Commercial wedding ceremony venue. On -Site Activi ,: wedding ceremonies in a vineyard with turf parking. Employees: 3-4 part time (estimated). Proposed number of guests: Up to 200. Use Frequency: 4 times ner week, maximum, from May through October with a maximum 3 hour duration for any single ceremony. Hours of operation; 10 am 10 pm. Attachments: Commercial Wedding Ceremony Venue Ordinance. Applications submittal: Written Statement, Proposal letter, Site Plan. Building Official Memo dated 2/3/16. Fire Chief Memo dated 2/3/16 Findings & General Site Overviepv Site Data: Lot Size: 10.26 acres Existing Use: Residential/Agricultural Existing Zoning: Agricultural Property Identification Number (PID): 06.029.20.23.0006 The proposed commercial wedding venue site is part of a 120 acre faun originally homesteaded by George Schindler. The site was fanned continuously until 1981 when it was subdivided and sold. In 1983, the Painters purchased 10.26 acres of the farm, constructed a house and planted a small vineyard. Proposal The applicant is requesting a 10 year Interim Use Perniit. Over the years, many people Review: have asked the Palmers to hold wedding events on their property. Carol Palmer was the inspiration for the Commercial Wedding Venue Ordinance. Minimum Criteria: Under the ordinance, commercial wedding ceremony venues are an interim accessory use in the Agriculture zoning district on parcels 10 acres and greater. The site has the capacity to accommodate the use without altering its rural characteristics and will not affect the health, safety and welfare of the community. The proposed ceremonies will be held adjacent to the vineyard in an open field with good drainage. The open field will also accommodate the proposed parking that has easy access off of 55111 Street N. 55'h Street North is only accessible from Manning Avenue, so the impact on local roads and neighbors is minimal. PUBLIC HEARING ITEM 4c — ACTION ITEM Adjacent Land Uses: The proposal is an agricultural property of 10.26 acres in size which is surrounded by residential homes on three sides and commercial on the east. To assist in the evaluation of the proposal, staff has provided the approximate distance between the proposed field area for the venue to adjacent residential homes. North: residential home approximately 800 ft. away. South: residential homes, nearest approximately 450 ft. away, West: residential home, approximately 500 ft. away. East: commercial businesses. Noise: The owner will comply with the City's noise ordinance. The applicant will be purchasing a sound system for the venue and has the ability to cap the sound level. The applicant will enforce noise restrictions with the contractual agreement with customers and through use of posted signs. An existing stand of 20-40 foot Norway Pine trees surrounding the property will also provide a natural sound barrier. Access/Traffic: The applicant proposes utilizing the existing gravel field entrance off of 55th Street N to access the venue. The proposed parking area is on the open grass field parallel to 55th Street. The proximity to 55111 Street will provide adequate emergency vehicle access. City Staff recommends that the access from 55th Street be at least 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to northerly extent of the parking area. The applicant proposes to employ an attendant for each venue to direct traffic and to organize entering and exiting traffic. Temporary signs will also be used to guide traffic and to caution the 55th Street N trail users. 55th Street N is only accessible from Manning Avenue to the east, so there will be minimal impact on local streets or traffic. Parking: The performance standards for commercial wedding venues require parking to be 100' from residential property lines. The grass field parking easily meets this criterion. On February 16, 2016, the Commercial Wedding Ceremony Venue ordinance was amended exempting such venues from the commercial parking lot surfacing and curbing requirements. The turf parking complies with the code requirements. There are no accessible facilities proposed and none required by City Code. Sanitary Facilities: The applicant is proposing to use rented sanitation facilities (port -a -potties). According to Building Code, assembly for 200 guests would require 4 sanitary facilities of which one is required to he handicap accessible with an accessible path. Lighting: PUBLIC HEARING ITEM 4c — ACTION ITEM 4 No site lighting has been proposed, but the applicant has stated that they will comply with city lighting regulations. Buffering: An existing 20-40 foot stand of Norway Pines surround field on the east and west sides buffering the use from adjacent residential properties. Temporary Tents: The applicant may utilize temporary tents with venues. The MN State Fire and Building Code have specific requirements for such structures. The City Fire Chief and Building Official have provided review comments (attached) which are recommended conditions of approval. Required Findings: In order for the City Council to approve the interim use permit, six findings must be met. Staff has listed each of the findings with comments in bold italics: 1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. In conformance with zoning regulations 2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. The site is located on a dead- end street accessible from a Manning. The impact to the neighborhood will be negligible. The use will not adversely impact implementation of the Comprehensive Plan. The improvements respect the rural/agricultural nature of the area and zoning district. The use is accessory to the principle residential use. 4) The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate once the property is sold or developed under fiiture zoning. Staff is recommending a termination date of ten years from the date of approral. 5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future rcapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. A consent agreement will need to be approved by the City Council as a condition of approval 6) The user agrees to all conditions that the City Council deems appropriate for permission ofthe use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. This item can also be addressed as part of a consent agreement with the City. PUBLIC HEARING ITEM 4c — ACTION ITEM 5 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. Recomillendation: Conditions: Based on a review of the applicable code sections, Staff is recommending that the Planning Commission recommend approval of the interim use permit based on the following: I ) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking area. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period of ten years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. Temporary structure installer is required to submit a complete plan from thc manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code. 8) Applicant must comply with all applicable requirements of the MN State Fire Code: o Chapter 24, "Tents. Canopies and other Membrane Structures of the 2007 Minnesota Fire Code. o Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. o Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route. PUBLIC HEARING ITEM 4c - ACTION ITEM Motion 6 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. Staff recommends the Planning Commission recommend approval with the following motion: "Motion to recommend approval of the interim use per,zutfor a commercial wedding ceremony venue to be located at 12205 55th Street North with 11 conditions". PUBLIC HEARING ITEM 4c — ACTION ITEM |{FE[.}k) To: StephanVVensnnan. Planning Director From: Rick Chase, Building Official Date� 2/03/2016 Subject; Interim Use permit application (Wedding Ceremonies temporary stmcture), App|ican�Carol Pa|mquist Land Use Review comments request dated I/29/I6 Cursory Review Scope: This review was completed with the following information food and alcohol not served, temporary structure will beput inplace each week anevent is scheduled. I. Based on the occupant load of 200 the required portable sanitary facilities is four. The sanitary facilities are required toheplaced onanaccessible routcandooeisequiedtobehandicap accc5sUb|e. 2.Temporary Accessible parkioQandsignageisnequired. I The permit applicant/owner is required to comply with Minnesota 1300.0190 for temporary structures and uses. Building 8penn�and iropeo�nwU|berequired. (See Attachnnp,o) 4. The applicant owner is required to comply with egress requirements in accordance with the Minnesota State Building Code. 5. Portable power/Beneratoo/ Heaters urother like equipment will he placed/installed in accordance ,viththe manufacture installation instructions and the applicable codes. 6. Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code, Sincerely, ITick CA,?Se 06 -31u3�g -5,76'ety, [ay,�14ke cRNo Station #1 510 Laverne Ave. No. —ake Elmo, MN 35042 651-770-5006 LAKE E MO FIRE DEPARTMENT February 3, 2016 Station #2 4259 Jantaca Ave, No. Lake Elmo; MN. 55042 651-779-8882 Following is my review related to the: "INTERIM USE PERMIT APPLICATION: Carol Palmquist is requesting an Interim Use Permit to operate a commercial wedding ceremony venue at 11202 55'h Street N." More specifically, items listed under "EVENT SPECIFICATIONS": A. The number of guests would be set at a maximum of 200 persons Temporary tents or canopies to be used in association with the events would be erected no more than one day prior to the event and would be removed no more than 72 ho urs following the event. L Off-street parking plan will be indicated on Site Plan, Parking Plan vill be incorporated within the client contractual agreement, COMMENTS: Applicant must he in compliance with Chapter 24, "TENTS, CANOPIES AND OTHER MEMBRANE STRUCTURES" of the 2007 MINNESOTA FIRE CODE • Applicant must be in compliance with SECTION 503, "FIRE APPARATUS ACCESS ROADS" attic 2007 MINNESOTA FIRE CODE o Applicant must be in compliance with SECTION 906, "PORTABLE FIRE EXTINGUISHERS" of the 2007 MINNESOTA FIRE CODE o All applicable requirements of the MN State Fire Code. Applicant will be required to provide a submittal that addresses all code concerns related to the MN Fire Code. Sincerely, Greg Malmquist, Fire Chief "Proudly Serving Neighbors & Friends LU.P. 1. Land Use Form: Complete 2. Written statements: a. Owner of Record Carol A. Palmquist 12202 5.5'h Street North Lake Elmo Minnesota 55042 (651)439-0428 a, Surveyor: Barry Stack 9090 Fairy Falls Road Stillwater, M innesota 55082 (651)439-5630 a. Designer; Carol Palmquist b. Address: 12202 55th Street North Lake Elmo, MN 55042 Zoned Agricultural 10.07 Acres, more or less P11): 06.029.20.23.0006 Legal Description: That Part of the SW1/4-1/4 DES AS FOLL COM @SW COR SD 14-14 THN NO1 c. History: Property was originally part of a 120A parcel homesteaded in 1854 by German immigrant, George Schindler and farmed by same. Schindler family offspring continued dairy and crop farming until 1964 when the Farm was sold. The agricultural tradition continued until 1981 when the Farm was divided and sold, The original homestead on 24 A, including the barn and granary continued to be used agriculturally. In 1983, 10.04 A more or less were split off the 24 A. 1 am the owner of the now 10.07 A more or less, on which, in 1989, 1 began planting grape vines. Both properties continue in the Agricultural tradition. d. Proposed Use: I, Proposal Letter: See Attachment 2.d.i —..,ii. Consent Agreement: See Attachment 2.d e. Justification of Use: i. Ordinance No. 08-107. Commercial Wedding Ceremony Venues allowable in RT, A and RR ii. Precautionary measures to mitigate disturbance to neighboring property owners. 1. Noise a. Owner will purchase sound system for venue use. This enables the owner to control the volume and limit the sound decibel to 115dB. b. Owner will enforce noise regulation in the contractual agreement with the client. c. Owner has in place, rnature 20-40' Norway pine trees surrounding venue area which act as a natural sound barrier. 2. Traffic: a, Owner will employ and staff a minimum of 1 attendant per each event to direct traffic, This will control and organize the flow of vehicles as they enter, park and exit the venue. b. Owner will post temporary signs indicating driveway, as well as signs to mitigate speed and encourage caution for pedestrians/pets on the Lake Elmo walking trail and to enforce noise regulation. 3. Unsightliness: a. Portable, rented sanitation facilities will be discreetly placed. b. The entire venue area will remain grass, including parking area. There will be no Blacktop, gravel or other impervious surfaces in the vineyard or field (venue area). iii. The use is compatible with the comprehensive plan and supports: 1. Preservation of rural lands 2. Enhancement of community's rural sense of place iv. Not applicable - Primary residence v. There are 110 delinquent property taxes, special assessments, interest, or City utility fees due. (see Washington County records). vi. Applicant is requesting Interim Use Permit expiration date of 2025. F. Attachments: I. Verification of ownership 2. Address labels 3. To -scale site plan 4. Proposal letter (2.d.i) 5, Consent Agreement (2.d.ii) CAROL PALMQLTIST INTERIM USE PERMIT APPLICATION Event Site Plan 81. • p.r. ,te ow 4. Ara.a. It. ,ow 'ea • *ad; 44.m.• • LEGEND 1. Gate event access 20 ft 2. Parking area 1.65 A 3. Event area .47 A 4. Vineyard .75 A 5. Teahouse 64 sq ft (for grandchildren use) 6. Screen house 100 sq ft 7. Garden shed 150 sq ft 8. Residence 1344sqft 9. Residence Driveway 734 ft length 10. Screening trees 11, Screening trees Total Event Area 2.53 A Scale 1"-120' TL IF CITY MAYOR AND COUNCIL COMMUNICATION DATE: May 3, 2016 REGULAR ITEM #: 15 MOTION AGENDA ITEM: Exempting Fish Houses from requirement that no accessory structure be constructed prior to principal structure on a lot. SUBMITTED BY: Stephen Wensinan, Planning Director REVIEWED BY: Councilmember Lundgren SUMMARY AND BACKGROUND: Councilmember Lundgren is requesting that the City Council direct Staff to amend the City's Accessory Structure ordinance to exempt "fish houses" that are 120 square feet or less in size from the requirement that principal structures be constructed on lots prior to accessory structures in the Rural Residential Zoning District. The ordinance amendment being requested would allow "fish houses" of 120 square feet or less in size to be constructed and stored on lots in the Rural Residential zoning district without having to first construct a principal structure. Fish house are considered "water oriented accessory structures" in the Lake Elmo City Code. Accessory structures, by definition, are accessory to principal structures or uses of property. The existing Accessory Structure Ordinance strictly prohibits any accessory structure from being constructed on a lot until a building permit has been issued for a principal structure. ISSUE BEFORE COUNCIL: The issue is whether an ordinance amendment is warranted to allow fish houses to be constructed on a lot prior to the principal structure. PROPOSAL DETAILS/ANALYSIS: Fish houses are considered to be water oriented accessory structures in the Lake Elmo City Code, By City Code, no accessory structure can be constructed until a building permit has been issued for a primary structure on a lot. The code provision is typical in cities in order to maintain control over use of properties for storage and to protect the City against a proliferation of unwanted storage structures. FISCAL IMPACT: Potential staff time addressing accessory storage building complaints. OPTIONS:. The City Council should consider whether to recommend having Staff and the Planning Commission amend the Accessory Structure Ordinance. City Council Meeting (Regular Agenda Item 15] May 3, 2016 RECOMMENDATION: Councilmember Lundgren is requesting that the City Council direct Staff and the Planning Commission to amend the City's Accessory Structure ordinance to exempt "fish houses" of a 120 square feet or less in size from the requirement that principal structures be constructed on lots prior to accessory structures in the Rural Residential Zoning District with the following motion: "Move to direct City Staff and the Planning Commission to amend the City's Accessory Structure ordinance to exempt "fish houses" of a 120 square feet or less in size from the requirement that principal structures be constructed on lots prior to accessory structures in the Rural Residential Zoning District." 2 Ti IN cri'v (m, FAKE ELMO MAYOR AND COUNCIL COMMUNICATION, DATE: May 3, 2016 REGULAR ITEM #: I(' MOTION AGENDA ITEM: Parliamentarian Contract SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND:. Council began having a parliamentarian attend and assist with Council meetings in late 2015. In January 2016, a three month contract was approved which expired April 30, 2016. ISSUE BEFORE COUNCIL: Should the Council approve another contract with Kevin Wendt for parliamentarian services? If so, what should be the term of the contract? PROPOSAL DETAILS/ANALYSIS:. Two Council members have requested the parliamentarian be contracted for another three months so a copy of that contract is included in your packet. Nothing has changed in this contract from the previous one approved by the Council other than the dates. Also included in your packet is a rate schedule as previously presented. If Council intends to keep the Parliamentarian for longer than 3 months, there could be additional cost savings by entering into a 6 month contract rather than 3. FISCAL IMPACT: So far this year, the City has incurred just over 58,500 in costs for the parliamentarian. The 2016 budget does not include any costs for a -parliamentarian. Going forward, cost may be reduced if meetings are shorter, particularly no more than 5 hours when the higher rate kicks in. This is now more likely given our ordinance changes that require the last agenda item to start before midnight. Also, Council could consider a longer contract in order to obtain a 25% discount as opposed to 15%. OPTIONS: 1) Approve a 3 month contract with Kevin Wendt 2) Approve a 6 month contract with Kevin Wendt 3) Approve a 1 month contract with Kevin Wendt 4) Do not approve a contract CITY OF UAKE EU0 NESSTA CLIENT -PROFESSIONAL SERVICES AGREEMENT This AGREEMENT is made effective on May 1, 2016 ("Effective Date") between the CITY OF LAKE ELK8O\ K4|NNESOTA' a Minnesota Municipal corporation (hereinafter referred to as the "CITY"), and Kevin Wendt Individual (hereinafter referred toas"CONSULTANT''). From time to time the CITY intends to engage CONSULTANT to provide Professional Services. This AGREEMENT sets forth the general terms and conditions which shall Duwo/n the relationship and performance of the CITY and CONSULTANT. In consideration of the foregoing recitals and following terms and conditions contained herein, the CITY and CONSULTANT agree as follows: ARTICLE 1: SERVICES OFTHE CONSULTANT 1.1 Scope of Services: A. The services to be provided by CONSULTANT shall be set forth in a written communication if outside the scope ofparliamentarian services for City Council Meetings. B. Professional Services will, in general, include parliamentarian services for the CITY and related review prior to meetings C. This AGREEMENT is not a commitment by the CITY to CONSULTANT to request services beyond period ofservice listed below ARTiCLE2: PERIOD QFSERVICE AND TIMES FOR RENDERING SERVICES 2.1 Tenn: This AGREEMENT shall be effective and applicable for a 3 month period starting on May 1, 2016 and ending July 32, 2016. subject, however, to termination by either party in accordance with ARTICLE S.7. 22 The times for performing services shall be directed by the City Clerk. ARTICLE 3: COMPENSATION 3.1 Basis for Compensation: Compensation tnCONSULTANT shall beasfollows Being the chair for meetings asa parliamentarian( upto5hours) $200.80/hr Being the chair for meetings asaparliamentarian( over 5hoors) $250.00/hr Document Review $125.00/hr Discount for 3month commitment/contract l596off 3.2 Payments for Services CITY OFLAKE ELK8O—Client-Professional Services Agreement Page lof5 475708mmS Lx515'/ A. Preparation and Submittal 4/Invoices: CONSULTANT shall prepare and submit invoices tothe CITY unamonthly basis, unless otherwise mutually agreed. Invoices are due and payable within 4Sdays of receipt. B. Unpaid Invoices: All accounts unpaid after45 days from the date of original 'invoice shall be subject to a service charge of 1.0% per month, with interest beginning to accrue 45 days after the date of receipt of the invoice. Payment will be credited first to any interest and then to principal. C. Disputed Invoices: If the CITY contests an invoice, the CITY shall advise CONSULTANT of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. ARTICLE 4: CITY'S RESPONSIBILITIES 4.1 The CITY shall designate a person to act as the QTY's representative with respect to services to be rendered under this AGREEMENT. Unless otherwise designated in writing, the OTY's representative shall be the CITY ADMINISTRATOR. Such persons shall have authority totransmit instructions, receive instructions, receive information, interpret and define OTY's policies with respect to [ONSULTANT's services, and render decisions relative toaspecific project. 42 Provide Access: The CITY shall provide access to, and make provisions for CONSULTANT to enter upon public or private property as required to perform their work. 43 Provide supporting documentation and Services: The CITY shall provide all necessary information regarding its requirements as necessary for orderly progress of the work including records, data, instructions, and requirements for completeness. . 4,4 The CITY shall be responsible for, and CONSULTANT may rely upon, the accuracy and completenessof all requirements, programs, instructions, reports, data, and other information furnished by the CITY to CONSULTANT pursuant tothis AGREEMENT. CONSULTANT may use such requirements, programs, instructions, reports data, and information in performing or furnishing services under this AGREEMENT. ARTICLE 5: GENERAL CONSIDERATIONS 5.1 Standards and Parameters of Performance A. Standard of Care: The standard of cane for all professional services performed or furnished by CONSULTANT under this AGREEMENT will be the care and skill ordinarily used by members of the subject profession practicing under like circumstances. B. Technical Accuracy: CONSULTANT shall be responsible for the technical accuracy of his services and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in CITY -furnished information. CITY QFLAKE ELMQ—Client-Professional Services Agreement Page ZnfS *75708.2aJsLx515'1 C. Sub cons ultan ts: CONSULTANT may not employ Subconsultants without prior approval of the City. D. Compliance with Lows and Regulations, and Policies and Procedures, CONSULTANT and CITY shall comply with applicable Laws and Regulations and CITY mandated standards. 52 Independent Contractor: CONSULTANT is an independent contractor. The manner in which the services are performed shall be controlled by CONSULTANT; however, the nature of the services and the results to be achieved shall be specified by the CITY. All services provided by the CONSULTANT pursuant to this AGREEMENT shall be provided by the CONSULTANT as an independent contractor and not as an employee of the CITY for any purpose, including but not limited to: income tax withholding, workers' oompensation, unemployment compensation' FICA taxes, and eligibility for employee 53 Insurance A. CONSULTANT shall procure and maintain professional liability insurance for all damages arising out uf the performance of services caused by an error, omission or negligent act for which CONSULTANT is legally liable. It shall be in an amount of not less than $1,000,000 and require notice to the CITY before any cancellation ormodification. All provisions relating tnindemnification and insurance shall survive termination of this contract to the full extent required for the benefit of the parties. B. CONSULTANT, on behalf ofhimself and his insurers, agrees to indemnify and hold the City honn|eo against all claims, losses, causes of action, and expenses, including legal expenses, arising from, or based in the whole, or in any part, on any negligent act or omission by CONSULTANT in the performance of work or services pursuant to this Agreement. The [hY shall not be liable for any loss suffered by the CONSULTANT due to personal injury or because ofdamage to, or destruction of, any pvoperty, or any loss of profits or other consequential damage or any inconveniences resulting from the theft, damage to, mrdestruction ofpersonal property. City may, atits option, but with noobligation Vu do so, obtain insurance covering CONSULTANT against liability to third parties relative to CONSULTANT'S performance of this Contract. CONSULTANT shall be solely responsible for obtaining at his own expense, any insurance coverage which he may desire insuring himself against personal injury orproperty damage. 5.4 Data Practices Act Compliance: Data provided by CONSULTANT o'created under this AGREEMENT shall beadministered 'in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes' [hapterl3. 5.5 CONSULTANT shall comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality. CONSULTANT will immediately report to the City any requests from third parties for information. The City will immediately notify CONSULTANT of any requests from third parties orthe City for information. 5.6 Conflict ofInterest: The CONSULTANT shall use best efforts in the performance of his services and professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the CITY. In the event of a conflict, the CONSULTANT, with the consent of the CITY, shall arrange for suitable alternative representation. CITY OF LAKE ELMO—Client-Professional Services Agreement Page ]nf5 4r`nWonmng 5.7 Termination A. Either party may terminate this AGREEMENT upon thirty (30) days written notice. B. In like manner, if the entire AGREEMENT is terminated, copies of all remaining documents on file with the CONSULTANT shall also, upon request, be made available to the CITY pursuant to ARTICLE 5.4 upon receipt of payment of amounts due and owing CONSULTANT for any authorized work. 5.8 Controlling Law: This AGREEMENT is to be governed by the laws of the State of Minnesota. 5,9 Successors, Assigns, and Beneficiaries A. The CITY and CONSULTANT are hereby bound and the successors, executors, administrators, assigns, and legal representatives cf the CITY and CONSULTANT are hereby bound tothe other party tothis AGREEMENT and to the successors, executors, administrators, assigns and legal representatives of such other party, in respect of all covenants, agreements, and obligations of this AGREEMENT. B. Neither the CITY nor CONSULTANT may assign, sublet, ortransfer any rights under orinterest inthis AGREEMENT, or any portion thereof, without the written consent of the other party. C. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT toanyone other than the CITY and CONSULTANT. 5.10 Dispute Resolution A. The CITY and CONSULTANT agree to negotiate all disputes between them in good faith for a period of thirty (30) days from the date of notice prior to invoking other provisions of this AGREEMENT or exercising their rights under law. 5.11 Notices: Any notice required under this AGREEMENT will be in writing, addressed to the appropriate party atits address onthe signature page and given personally, byregistered orcertified mail postage prepaid, urbyacommercial courier service, All notices shall beeffective upon the date ofreceipt. 5.12 Survival, Severability, Waiver A. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this AGREEMENT will survive its completion ortermination for any reason. B. SevenzbJity: Any provision or part of the AGREEMENT held to be void or unenforceable under any Laws orRegulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the CITY and CONSULTANT. C. Waiver: A party s non -enforcement of any provision shall not constitute a waive, of that provision, nor shall it affect the enforceability of that provision or of the remainder of this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above written. CITY OFLAKE ELMO—Client-Professional Services Agreement Page 4vf5 4757uu,2ua I-xoy Kevin Wendt CITY OFLAKE ELMO, M|NNB0TA By By By City Clerk CITY OFLAKE ELKAO—client-Professional Services Agreement Page 5nf5 47578.2mncA515'/ 6232 5th Avenue South • Richfield, MN 55423 infoRkdweonsultingxom Rate Schedule IA Service Meeting - Governmental Document Review — City Code of Ordinance, Agenda, Council Packet, etc. Rate per hour $200.00 $125.00 DISCOUNT — 1 month contract 5% DISCOUNT — 3 month contract 10% DISCOUNT — 6 month contract 20% Rate Schedule 16 Service Meeting — Governmental (Up to 5 hours) Meeting — Governmental (Beyond 5 hours) Document Review — City Code of Ordinance, Agenda, Council Packet, etc. Rate per hour $200.00 $250.00 S125.00 DISCOUNT — 1 month contract 10% DISCOUNT — 3 month contract 15% DISCOUNT — 6 month contract 25% SCHEDULE 2 Sit with staff and rule on points of order $165/hr. Document Review $100/hr Both rate schedules include a 2 hour meeting inimum charge. 11 E GI FY' OF LAIC 7, ELMO Call to Order Our Mission is to Provide i9 Public Services in a Fiscally Responsible Aianner IT'hile Preserving the City's Open Space Character NOTICE OF MEETING City Council Special Meeting 3800 Laverne Avenue North Tuesday, June 14, 2016 7:30 PM* II. Zoning Code Amendment for Rural Districts — Resolution 2016-46 III. Closed Session to discuss litigation strategy with respect to the State of Minnesota v. 3M Company lawsuit. This portion of the meeting will be closed pursuant to Minnesota Statutes Section 13D.05, subdivision 3 (b) IV. Closed session pursuant to Minn. Stat. § 13.D.05 Subd. 3, in order to develop or consider offers and/or counteroffers for the purchase of real property located at 3504 & 3514 Lake Elmo Avenue and one adjoining vacant parcel in Lake Elmo, Minnesota. V. Adjourn - or immediatelvfollowinz the previous workshop at 6:30 p.m., whichever is later TI IF CITY (..)F LAKE ELMO AGENDA ITEM: SUBMITTED BY: REVIEWED BY: BACKGROUND: MAYOR AND COUNCIL COMMUNICATION DATE: 6/14/16 REGULAR ITEM #: NIOTION Resolution 2016-46 approving summary publication of Ordinance 0S-136 amending Chapter 154, Article — Definitions, Section 154.012, Subd. B.3 and Article VIII, Section 154.401. The Article II — Definitions, Section 154.012, Subd. B.3 Stephen Wensman, Planning Director Kristina Handt, City Administrator Emily Becker, City Planner On 5/17/16, the City Council clarified a motion made on 01/15/2016 regarding the zoning text amendment to the Rural Districts as it pertains to secondary dwelling, cemetery, commercial kennel, commercial stable, golf courses and agricultural sales business uses. After the 5/17/16 meeting, Councilmember Fliflet came forward to clarify that her intension was not to change the Code as it pertains to Agricultural Sales Business. Council member Fliflet wanted to keep Agriculture Sales Business as an interim use in the rural zoning districts. Staff has revised Ordinance 08- (see attachment) to reflect Councilmember Fliflet's intended zoning text amendment. ISSUE BEFORE COUNCIL: The City Council should consider the following ordinance and resolution for summary publication: Approve Ordinance 08-136 amending Chapter 154, Article II - Definitions, Section 154.012, Subd. B.3 and Article VIII, Section 154.401. The Article Il - Definitions, Section 154.012, Subd. B.3. (Amended to reflect Councilmember Fliflet's intensions) Approve Resolution 2016-46 approving summary publication of Ordinance 08- amending Chapter 154, Article II - Definitions, Section 154.012, Subd. B.3 and Article VIII, Section 154.401. The Article II - Definitions, Section 154.012, Subd. B.3. PROPOSAL DETAILS/ANALYSIS: Summary Publication requires a 4/5 vote. Please adopt Ordinance 08-136 and Resolution 2016-46. FISCAL IMPACT: City Council Workshop June 14, 2016 Regular Agenda Item Summary publication is less expensive than publishing the entire draft of the ordinance. The attached ordinance is lengthy, so a summary publication is appropriate under the circumstances. RECOMMENDATION: Staff recommends the City Council approve Ordinance 08-136 and Resolution 2016-46 approving summary publication resolution. Staff recommends the following motions (Resolutions for summary publications require a 4/5 vote): "Move to approve Ordinance 08-136 amending Chapter 154, Article 11 — Definitions, Section 154.012, Subd. 8.3 and Article VIII, Section 154.401". "Moved to approve Resolution 2016-46 approving summary publication of Ordinance 08- 136 amending Chapter 154, Article 11— Definitions, Section 154.012, Subd. 8.3 and Article V111, Section 154.401". ATTACHMENTS: Ordinance 08-136Amending Chapter 154, Article 11 — Definitions, Section 154.012, Subd. B.3 and Article VIII, Section 154.401. The Article II— Definitions, Section 154.012, Subd. B.3 Ordinance 08-136 Amending Article IX of the Zoning Ordinance, striking the land use categories: secondary dwelling, cemetery, commercial kennel, commercial stable, golf course, and agriculture sales business from Section 154.401, Table 9-1 (showing edited text) Resolution 2016-46 approving summary publication of Ordinance 08-136 amending Chapter 154, Article Il — Definitions, Section 154.012, Subd. B.3 and Article VIII, Section 154.401 Page 2 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF NIINNESOTA ORDINANCE NO. 08-136 AN ORDINANCE AMENDING CHAPTER 154, ARTICLE II — DEFINITIONS, SECTION 154.012, SUBD. B. 3. AND ARTICLE VIII, SECTION 154.401 PERMITTED AND CONDITIONAL USES. The City Council of the City of Lake Elmo hereby ordains that Chapter 154, Article II — Definitions, Section 154.012, Subd. B. 3. is hereby amended to read as follows: Services Business Center. A building or group of buildings planned, constructed, and managed as a total entity, with common on -site parking for a group of commercial service establishments, with office uses also permitted. In the central business district, the requirement for common on -site parking need not be met in order to classify a development as a business center. Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, office equipment rental and leasing, photo finishing, business supply services, and computer programming/data processing services. The h.oardin,r. L-UU IIiL r IM11-1i112 '1/4'd''t1Vo 1110:" 1:10L", otl-i,•-rIL1 l t VQi t ov:ro2i.-!hv he owim- t)-F O tIi 3Rij1 and'or For Tho hors r1.7.)ni-a or cii t1y.2 propert,.• L)i rtki. it Iiy(>til2r than thc o..-vner or co:,:,api;nt rf tih., thcir nor VEii uo.ata. !iyiu-L.-d in .thia definition ar Communication Services. Establislunents primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms. Excluded from this use type are facilities classified as essential services or broadcasting and communications towers. Typical uses include television studios, telecommunications service centers, telegraph service offices or film and sound recording facilities. Educational Services. Establishments engaged in furnishing specialized academic or technical courses, normally on a fee basis, such as vocational or correspondence schools, barber college, data processing schools, or secretarial schools, along with non -degree granting schools such as post -secondary colleges and universities, martial arts, music,, art, ceramic, and dramatic, schools, and dance instruction. Financial Institution. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments, and drive -up automatic teller machines (ATMs). Funeral Home. Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries. Lodging. See Transient Accommodations. Medical Facilities. Establishments engaged in providing diagnostic services, extensive medical treatment (including surgical services), and other hospital services, as well as continuous nursing service, including general medical and surgical hospitals, specialty hospitals, medical laboratories, bio-medical research and development, outpatient care facilities, medical schools and associated dormitories, medical appliance sales, and similar uses, but not including animal hospitals. Membership Organization. Organizations operating on a membership basis for the promotion of the interests of the members included such uses as trade associations, business associations, professional membership organizations, labor unions, civic or fraternal organizations, but not including churches, hospitals, golf and country clubs, or credit unions. Nursing and Personal Care. Establishments primarily engaged in providing intermediate or long -tern nursing and health related care to individuals, typically classified as nursing homes. Offices. A building or portion of a building use for office purposes by a business, service, professional, or institutional establishinent, including medical offices or clinics, studios for those involved in art, sculpture, music, and the like, and all other establislunents similar in character. Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her apparel, such as barber shops, clothing rental, salons and health clubs, photographic studios, cleaning and garment services (but not including power laundries or dry cleaning plants) or coin operated laundries. Repair and Maintenance Shop. Establishments engaged in miscellaneous repair services, primarily of household oriented products such as radios, televisions, washers and dryers, furniture (including re -upholstery), small engine repair, bicycles, or locksmiths. Self Serrice Storage Facility. An establishment designed and utilized for the purpose of renting or leasing individual storage spaces to tenants who have sole private access to such space for storing personal property. Trade Shop. Any lot, land, building, or structure that serves as the headquarters for contractors involved in specialized activities such as plumbing, painting, plastering, masonry, carpentry, roofing, well drilling, landscaping and the like, where tools, equipment and materials used in the business are stored. The category also includes establishments involved in specialized trades such as sheet metal, sign painting, drapers, and exterminators. Transient Accommodations, Lodging. Establishments in which lodging is provided and offered to the public for compensation, and which is open primarily to transient guests, as distinguished from semi -transient boarding or rooming facilities. Typical uses include hotels, motels, and inns. Meeting and restaurant facilities may be included accessory to this use type. Condominium -hotels shall be considered as a type of transient accommodation. Transportation Services. Establishments furnishing services related to the arrangement of persons and goods movements, such as freight forwarding, parking services or the rental/leasing of automobiles or two -axle trucks. Veterinaly Service. Establishments engaged in the practice of veterinary medicine, dentistry or surgery, along with those providing animal related services such as kennels, grooming, or breeding services. The City Council of the City of Lake Elmo hereby ordains that Chapter 154 Article VII Section 154.401, is hereby amended to read as follows: § 154.401 PERMITTED, -AND -CONDITIONAL AND INTERIM USES. Table 9-1 lists all pen-riitted,--_conditional and intcrim-uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "1" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this Ordinance of specific development standards that apply to the limited use. A. Combinations of uses, Principal and accessory uses may be combined on a single parcel. Table 9.1: Permitted, Conditional nnd luterim Uses, Rural Districts RR RS RE Standard Residential Uses Household Living Single-family detached dwelling Secondary Dwelling ! � | P| p/ P | P! - Cc � "C t�r/ | | ' Services Self Service Storage Facility C:romzrz!z| Konnz! Outdoor Recreation Gc ! 1�[ource Outdoor Recreation Facility Parks and Open Areas Restricted Recreation Agricultural and Related Uses Agricultural Entertainment Business Agricultural Production Agricultural Sales Business Agricultural Services Forestry Operations | | � | | ,a( -i C | IC | / / / | l54/4S4.A I54.4O4,Q } 254,404.G | / 1S1'1O1�1 ! I 1.1-a4A / / \ ! p| � � � ' / . ! � �| ' p -! 155,107.E Table 9'1: Permitted, a;:�Condidonmi and Interim Uses' Rural Districts Greenhouses, Non Retail Wayside Stand Industrial and Extractive Uses Motor Freight and Warehousing Accessory Uses Bed and Breakfast Domestic Pets Family Day Care Home Occupation Kennel, Private Solar Equipment Stable, Private Swimming Pools, Hot Tubs, Etc. Temporary Sales Water -Oriented Accessory Structures Other Structures Typically Incidental and Clearly Subordinate \o Permitted Uses Commercial Wedding Ceremony Venue Open Space Preservation Development OP Development OP`A|tDeve|oprnent Notes to Rural Districts Table 9-1 8R /[ C C / /p�p p ' | � � RS - | E - i � {C}C|C| -|-| | P�p| pi p| p| | p / p | P � p i P � I5511LG � | p | p p ! P | P ! 155.111.A+B | C i [ C 154,404] | p | p ! � ' P | P ! 1SS . / . � / / .11l] | � � � � � l54�O4| ' / � ' | p | p i p ! p ( p | 16SJ . . . . . / �111 | p i p | P ( P ! p � 155.107.13 |p|p!pip!p{ |p p p!p|p} { | . . . . Standard IS4.4S4.D 1S4.4U4.G 155111I / - | C | [ ! - i lS465O / | / � | - ! C | [ 154 ' | � '7O8 a. Non-Avncu|turu Low Impact Use (see 154.404.{}) N/te.S&oodu/-ds listed inTable 9L/o/-slisted 6vAr/kcic'Section and Subsection, (()nd. 2012-073'pauSed 3-19-2013) (Ord. 08'107, passed 5-6-201) Effective Date This ordinance shall become effective immediately upon adoption and publication iothe official newspaper of the City of Lake Elmo. Adoption Date Mayor Mike Pearson ATTEST: Julie Johnson City Clerk This Ordinance No. 0S-136 was published on the day of , 2016. CITY OF LAKE ELNIO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-136 AN ORDINANCE AMENDING CHAPTER 154, ARTICLE II — DEFINITIONS, SECTION 154.012, SUBD. B. 3. AND ARTICLE VIII, SECTION 154.401 PERMITTED AND CONDITIONAL USES. The City Council of the City of Lake Elmo hereby ordains that Chapter 154, Article II — Definitions, Section 154.012, Subd. B. 3. is hereby amended to read as follows: Services Business Center. A building or group of buildings planned, constructed, and managed as a total entity, with common on -site parking for a group of commercial service establishments, with office uses also permitted. In the central business district, the requirement for common on -site parking need not be met in order to classify a development as a business center. Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, office equipment rental and leasing, photo finishing, business supply services, and computer programming/data processing services. C01711711111iCatiOn Services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms. Excluded from this use type are facilities classified as essential services or broadcasting and communications towers. Typical uses include television studios, telecommunications service centers, telegraph service offices or film and sound recording facilities. Educational Services. Establishments engaged in furnishing specialized academic or technical courses, normally on a fee basis, such as vocational or correspondence schools, barber college, data processing schools, or secretarial schools, along with non -degree granting schools such as post -secondary colleges and universities, martial arts, music, art, ceramic, and dramatic, schools, and dance instruction. Financial Institution. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments, and drive -up automatic teller machines (ATMs). Funeral Horne. Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries. Lodging. See Transient Accommodations. Medical Facilities. Establishments engaged in providing diagnostic services, extensive medical treatment (including surgical services), and other hospital services, as well as continuous nursing service, including general medical and surgical hospitals, specialty hospitals, medical laboratories, bio-medical research and development, outpatient care facilities, medical schools and associated dormitories, medical appliance sales, and similar uses, but not including animal hospitals. Membership Organization. Organizations operating on a membership basis for the promotion of the interests of the members included such uses as trade associations, business associations, professional membership organizations, labor unions, civic or fraternal organizations, but not including churches, hospitals, golf and country clubs, or credit unions. Nursing and Personal Care. Establishments primarily engaged in providing intermediate or long-term nursing and health related care to individuals, typically classified as nursing homes. Offices. A building or portion of a building use for office purposes by a business, service, professional, or institutional establishirient, including medical offices or clinics, studios for those involved in art, sculpture, music, and the like, and all other establishments similar in character. Personal Sei-vices. Establishments primarily engaged in providing services involving the care of a person or his or her apparel, such as barber shops, clothing rental, salons and health clubs, photographic studios, cleaning and garment services (but not including power laundries or dry cleaning plants) or coin operated laundries. Repair and Maintenance Shop. Establishments engaged in iniscellaneous repair services, primarily of household oriented products such as radios, televisions, washers and dryers, furniture (including re -upholstery), small engine repair, bicycles, or locksmiths. Self Service Storage Facility. An establisl-unent designed and utilized for the purpose of renting or leasing individual storage spaces to tenants who have sole private access to such space for storing personal property. Trade Shop. Any lot, land, building, or structure that serves as the headquarters for contractors involved in specialized activities such as plumbing, painting, plastering, masonry, carpentry, roofing, well drilling, landscaping and the like, where tools, equipment and materials used in the business are stored. The category also includes establishments involved in specialized trades such as sheet metal, sign painting, drapers, and exterminators. Transient Accommodations, Lodging. Establishments in which lodging is provided and offered to the public for compensation, and which is open primarily to transient guests, as distinguished from semi -transient boarding or rooming facilities. Typical uses include hotels, motels, and inns. Meeting and restaurant facilities may be included accessory to this use type. Condominium -hotels shall be considered as a type of transient accommodation. Transportation Services. Establishments furnishing services related to the arrangement of persons and goods movements, such as freight forwarding, parking services or the rental/leasing of automobiles or two -axle trucks. Veterinary Service. Establishments engaged in the practice of veterinary medicine, dentistry or surgery, along with those providing animal related services such as kennels, grooming, or breeding services. The City Council of the City of Lake Elmo hereby ordains that Chapter 154 Article VII Section 154.401, is hereby amended to read as follows: § 154.401 PERMITTED, CONDITIONAL AND INTERIM USES. Table 9-1 lists all pemiitted, conditional and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "1" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this Ordinance of specific development standards that apply to the limited use. A. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9.1: Permitted, Conditional and In erin Uses, Rural Districts Residential Uses Household Living Single-family detached dwelling Secondary Dwelling Services RT A RRIRS RE ppppp -; - Self Service Storage Facility ! Outdoor Recreation Outdoor Recreation Facility I - I C Parks and Open Areas iPiP!PIPIP Restricted Recreation Agricultural and Related Uses Agricultural Entertainment Business I I [ i Agricultural Production I P J P I P I , Agricultural Sales Business Agricultural Services C C Forestry Operations I - I P Standard - 154.454.A 154.404.D 154.404.G 155.107.E 154.111 154.110 154.404.J Tab|eg-1; Permitted, Conditional and Interim Uses, Rural Districts RT A RR RS Greenhouses, Non Retail Wayside Stand Industrial and Extractive Uses Motor Freight and Warehousing Accessory Uses Bed and Breakfast Domestic Pets Family Day Care Home Occupation Kennel, Private Solar Equipment Stable, Private Swimming Pools, Hot Tubs, Etc. Temporary Sales Water -Oriented Accessory Structures Other Structures Typically Incidental and Clearly Subordinate toPermitted Uses Commercial Wedding Ceremony Venue Open Space Preservation Development OP Development OP'NtDeve|opment Notes to Rural Districts Table 9-1 | / ' C p C C ' | pi p! -iC|C�_ | ' | '}�|�| - � � � | 8E | Standard 1S4,4S4.D I54.404,G 155.11l.[ lSS.111.G ' I55.111.AiB 154.404.1 155.111.1 154.404.1 I55.1llJ 155,107.13 ! 154.650 a. Non -Agricultural Low Impact Use (see ]54.404.0) Note: Standai-cls listed in Table 9-/o-e listed bY A rticle'Section and Subsection. ([)nd.7O|2-073,passed �-1g-201]) Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. Adoption Date Mayor Mike Pearson ATTEST: Kristina Handt City Administrator This Ordinance No. 08- was published on the day of , 2016. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-46 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-136 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Eli -no has adopted Ordinance No. 08-136, an ordinance to amend the Definitions, Chapter 154, Article II and the Permitted, Conditional and Interim Uses in the Rural Districts, Chapter 154, Article VIII, Section 154.401. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes. section 412.191, subd. 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 surnmary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-136 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-136, which amends Chapter 154, Article If — Definitions, Section 154.012, Subd. B.3 and Article VIII, Section 154.401. The Article Il — Definitions, Section 154.012, Subd. B.3 is amended as follows: The definition of Commercial Kennel is hereby deleted • The definition of Commercial Stable is hereby deleted Article VIII, Section 154.401 Permitted and Conditional Uses is amended as follows: Section 154.401 Permitted and Conditional Uses is amended to read: Section 154.401 Permitted, Conditional and Interim Uses Table 9-1: Permitted and Conditional Uses, Rural Districts is hereby titled: Table 9-1: Permitted, Conditional and Interim Uses, Rural Districts Cemetery is hereby stricken as a permitted use in the A -Agriculture or RR -Rural Residential Zoning Districts. Commercial Kennel is hereby stricken from the RT-Rural Transitional, A -Agriculture or RR -Rural Residential Zoning Districts. Commercial Stable is hereby stricken from the A -Agriculture Zoning District. Golf Course is hereby stricken from the A -Agriculture Zoning Districts. Resolution 20 6- Page 1 of 2 The full text of Ordinance No. 08-136 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: May 17, 2016 ATTEST: Julie Johnson, City Clerk (SEAL) Mayor Mike Pearson Resolution 2016- Page 2 of 2