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HomeMy WebLinkAbout02-02-16 CCMPTLIF CITY OF LAKE ELMO Our AUqion is to Amide „Owl/1:y Pub& ,SC/7/'es in a Fiscally Re4)onfi Manner fr7ille Pre,i.erving the City's Open S pac.? Cluructor NOTICE OF MEETING City Council Meeting Tuesday, February 2, 2016 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda ,,y." Call to Order/Pledge of Allegiance Ve.-"Approval of Agenda •9/Approval of Minutes 1. December 1, 2015; December 15, 2015; January 19, 2016 1,(.. Public Comments/Inquiries y.": Presentations F. Consent Agenda { Approve Payment of Disbursetnents Lake Elmo Avenue Trunk Watermain Improvements — Change Order No. 2 X.' Lake Elmo Avenue Trunk Wateimain Improvements — Compensating Change Order No. 3 Lake Elmo Avenue Trunk Watennain Improvements — Pay Request No. 6 (FINAL) Downtown Phase 1 Improvements — Approve Cooperative Agreement Payment No. 1 ,eApprove Driveway Encroachment and Maintenance Agreement 8/Accept Building Safety Department Statistics Report 9(Clarification of Employment Status of City Council Members 4egular Agenda to. Easton Village Park 11. Inwood Booster Station Improvements Approve Plans and Specifications; Authorize Ad for Bids 12. Old Village Phase 2: Street & Utility Improvements — Authorize Feasibility Report 13. Washington County Aquatic Invasive Species Milfoil Grant 14. Employee Wage Adjustments 15. Seasonal Building Inspector 11. Council Reports I. Staff Reports and Announcements J. Adjourn CITY OF LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Fire Chief Malmquist, Planner Wensman and City Clerk Johnson. Others present: Parliamentarian Kevin Wendt PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Councilmember Smith removed Item 8 to postpone to a future meeting. Councilmember Fliflet moved Items 6 and 7 to the Regular Agenda and postponed Item 16 to the next Council Workshop. Councilmember Fliflet postponed the acceptance of the minutes to the next City Council meeting. Agenda approved as amended. COUNCIL REPORTS Mayor Pearson: Conducted site visits regarding resident concerns, visited Family Means, attended a meeting for the Highway 13 project. Councilmember Fliflet: Held a Human Resources Committee meeting, attended the Library Board meeting and discussed moving forward with associate library status, met with Washington County representatives and residents of Fields of St. Croix II, thanked the Parliamentarian for his assistance. Councilmember Smith: Received phone calls on several items including the downtown pond and positive feedback on the Parliamentarian. Councilmember Lundgren: Met with residents and conducted a site visit. Councilmember Bloyer: Met with a resident regarding the pond next to his property, received phone calls, and reiterated that the Parliamentarian is not required by the League of MN Cities and is a political game to make the Mayor look bad. PUBLIC COMMENTS/INOUIRIES None PRESENTATIONS None FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements Finance Consent Agenda approved by consensus LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 OTHER CONSENT AGENDA 3. Approve Belle Amie Spa Massage License Renewal 4. Approve Liquor License Renewals 5. Approve Inwood Addition Development Contract Addendum Consent Agenda approved by consensus. ITEM 6: Approve Reider Preliminary Plat Extension City Planner Wensman presented the request for a preliminary plat extension. Discussion held concerning the City code and 180 day time limit in the code. Councilmember Smith stated there are additional questions to be fielded and she would like additional time to discuss them with the City Planner. Councilmember Smith, seconded by Councilmember Fliflet, moved TO POSTPONE CONSIDERATION TO THE NEXT MEETING. Motion passed 4 — 1 (Bloyer — nay). ITEM 7: Desi2nate Data Practices Official City Attorney Snyder stated that it is necessary to appoint a data practices official as the City Attorney's office is declining to continue serving in that capacity, Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2015-85 APPOINTING THE CITY CLERK AS THE DATA PRACTICES OFFICIAL WITH THE ADDED LANGUAGE THAT THE CLERK WILL CONSULT WITH THE CITY ATTORNEY ON NON -MUNDANE REQUESTS. Motion passed 3 — 2 (Pearson, Bloyer — nay). ITEM 9: Public Hearing: 2016 Proposed Tax Levv and General Fund Budget — Ado 2016 Budget and Tax Levy — Resolution2015-84 City Administrator Schroeder provided an overview of the 2016 Budget and invited public comments. The Public Hearing was opened at 8:05 p.m. Marion Adkins, 2227 Lake Elmo Avenue, asked about the value of her two properties and why the tax on the landlocked parcel has increased. The Public Hearing was closed at 8:10 p.m. Councilmember Bloyer, seconded by Mayor Pearson, moved to approve Resolution 2015-84 with the exception that the Library Fund levy remains at the current (2015) level of filnding. Motion failed 1 — 4 (Pearson, Fliflet, Lundgren, Smith —nay). Councilmember Smith stated she would not support the motion because the library levy was reduced last year. Councilmember Fliflet stated she would not support a reduction in library levy, noting that the library is working toward associate status. 2 of 5 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 Councilmember Smith, seconded by Councilmember Flifiet, moved TO APPROVE RESOLUTON 2015-84 ADOPTING THE FINAL 2016 GENERAL FUND, DEBT SERVICE FUND AND LIBRARY FUND ANNUAL BUDGETS AND LEVIES. Motion passed 3 — 2 (Pearson, Bloyer — nay). Mayor Pearson stated it is a good budget and he appreciates the Finance Committee work on it. ITEM 10: Developer Line of Credit Reduction Discussion Interim Administrator Schroeder introduced the item and reviewed the request from Robert Engstrom Company for a reduction in the Letter of Credit for the Wildflower development. Schroeder explained the risk to City in allowing partial decreases and suggested that staff be directed to propose changes to development agreements to allow for reductions in letters of credit. City Engineer Griffin reviewed steps in the Letter of Credit reduction policy currently in place, noting that he is in favor of minor revisions, particularly in the street utility area. Councilmember Smith, seconded by Councilmember Fliflet, moved TO DIRECT STAFF TO PROPOSE CHANGES TO DEVELOPMENT AGREEMENTS THAT WOULD ALLOW DECREASES IN LETTERS OF CREDIT. Motion passed 4-1 (Bloyer — nay). Councilmember Bloyer stated he would not support the motion as it would lower the leverage the City has with developers. ITEM 11: Tana Rid2e Park Si2n Interim Administrator Schroeder reviewed the placement of a park sign in Tana Ridge, noting the size and location of the sign and presented a suggested from the Public Works staff to reduce the height of the sign. Darcy Hilgendorf, 11644 44`11Street North, commented on the size of the sign and stated she would like the Parks Commission to evaluate if this size park needs a sign like this. Ms. Hilgendorf stated that i f a sign is required, she would like input on the size, design and location of the sign in Tana Ridge Park. David Jack, 11657 44'1' Street North, asked if a sign is needed in a low use park such as this and requested it be moved closer to the ball parks. Mayor Pearson stated he spoke with a resident in the past two weeks about this issue and the Parks Commission has discussed it. Pearson added that he appreciates the work the Commission puts into these projects. Councilmember Bloyer indicated he agreed with Mayor Pearson. Councilmember Smith, seconded by Councihnember Fliflet, moved TO DIRECT PUBLIC WORKS TO REMOVE THE TANA RIDGE SIGN AND DIRECT THE PARKS COMMISSION TO REVIEW PLACEMENT AND SIZE OF ALL SIGNS IN ALL PARKS. Motion passed 3 — 1 — 1 (Pearson — nay, Bloyer — abstain). Page3 of 5 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 ITEM 12: Charter and Roster for Environmental Committee Interim Administrator Schroeder noted that the proposed Charter and Roster for the Environmental Committee were included in the meeting packet. Councihnem:ber Fliflet, seconded by Councilmember Lundgren, moved TO ADPOPT THE CHARTER AND ROSTER FOR THE ENVIRONMENTAL COMMITTEE. Motion passed 5 —0. ITEM 13: City Administrator Search C©uncilmen:ber Smith, seconded by Ccu ncilrmen:Ger Fliflet, moved TO AUTHORIZE THE CITY CLERK TO POST THE POSITION ON THE LMC AND ICMA WEBSITES WITH A SALARY RANGE OF $100,000 - 5105,000 AND A CLOSING DATE OF JANUARY 4, 2016 FOR APPLICATIONS. Mayor Pearson moved TO EXPAND THE SALARY RANGE TO $90,000 - $125,000. Motion failed for lack of a second. Councihnember Smith, seconded by Mayor Pearson, :moved TO AMEND THE PRIMARY MOTION TO STRIKE $105,000 AND INSERT $115,000. Motion passed 5 — 0. Primary motion passed 4 — 1 (Bloyer — nay). ITEM 14: RFP for Legal Services Interim Administrator Schroeder reviewed the proposed time line for issuing the RFP and proposed limiting responses to twenty pages. Councilmember Lundgren, seconded by Councilmember Smith, moved TO SEND OUT AN RFP FOR THE CITY OF LAKE ELMO FOR LEGAL SERVICES Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO AMEND THE PRIMARY MOTION BY ADDING O_ UESTIONS TO THE RFP TEXT "HAVE ANY ATTORNEYS ON STAFF BEEN CONVICTED OF A MISDEMEANOR OR HIGHER? AND "HAVE ANY ATTORNEYS ON STAFF BEEN ACCUSED OF PROSECUTORIAL MISCONDUCT?" Councilmember Smith, seconded by Councilmember Fliflet, moved TO AMEND THE AMENDMENT TO REPLACE "MISDEMEANOR" WITH "FELONY". Motion failed 1 — 4 (Pearson, Bloyer, Fliflet, Lundgren — nay). Motion to amend the primary motion passed 4 — 0 — 1 (Smith — abstain). Primary motion passed 3 — 2 (Pearson, Bloyer — nay) Mayor Pearson stated he would not support the primary motion as it is damaging to the City and not recommended by the League of MN Cities. Page 4 of 5 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 ITEM 15: Arts Center Interim Administrator Schroeder stated that the building is mostly unused and not monitored and is a liability to the City in its current state. Discussion was held regarding concerns the Building Official expressed regarding the condition of the property. Bill Wacker, 3603 Laverne Avenue North, stated he lives across from the Arts Center and the City has not maintained the property and does not mow the grass regularly. Mr. Wacker stated that the building looks abandoned. Barry Weeks, 3647 Lake Elmo Avenue North, referred to the November 18, 2015 article in the Pioneer Press newspaper regarding the Arts Center and encouraged the Council to find somewhere else for the Friendship Club to operate. Councihnember Bloyer, seconded by Mayor Pearson, moved TO DIRECT STAFF TO FIRM ESTIMATES ON THE DEMOLITION OF THE ARTS CENTER AND INVESTIGATE ITS POTENTIAL AS A CONTROLLED BURN TRAINING SITE FOR THE LAKE ELMO FIRE DEPARTMENT. Motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIRECT STAFF TO OBTAIN FIRM ESTIMATES FOR CODE COMPLIANCE REPAIRS, HIRE OUT MAINTENANCE OF THE BUILDING AND LVVESTIGATE AESTHETIC IMPROVEMENTS. Councilmember Fliflet stated that the Valley Friendship Club is not requesting any repairs. City Attorney Snyder stated that if code review of this property shows a violation, the City is not immune from its own ordinances and the property needs to be brought into compliance. Councihnember Fliflet, seconded by Councihnember Smith, moved a substitute motion TO CONTINUE TO DISCUSS WITH VALLEY FRIENDSHIP CLUB TO FIND ANOTHER ALTERNATIVE SITE. Motion to substitute passed 3 — 2 (Pearson, Bloyer — nay). Meeting adjourned at 11:01 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 5 of 5 CITY OF LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 CALL TO ORDERJPLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. Mayor Pearson, seconded by Councilmember Bloyer, moved TO SUSPEND THE MEETING UNTIL THE PARLIAMENTARIAN ARRIVES. Motion passed 3 — 2. (Pearson, Lundgren — nay) Mayor Pearson called the meeting back to order at 7:17 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Fire Chief Malmquist, Planner Wensman and City Clerk Johnson. APPROVAL OF AGENDA Items 7 and 24 were removed from the agenda. Items 12 and 13 were moved to the Regular Agenda. Item 25 was moved to the Consent Agenda. Item 27 was moved to the beginning of the Regular Agenda. Agenda changes were adopted by consensus. COUNCIL REPORTS Mayor Pearson: Recommended the Council consider increasing the salary ceiling for the City Administrator search; reported on feedback received that was critical of the budget process and wants a better budget process next year. Reported Library Board Member Ann Bucheck and Parks Commissioner Sarah Heitpas have both resigned and thanked them for their service. Councilmember Lundgren: Thanked Public Works for taking care of dead deer in the tri lakes area, noted lake levels are high due to rain and cont.-timed weirs are functioning properly. Councilmember Bloyer: Received comments from citizens regarding the budget process, noted that the Arts Center was written about in the Pioneer Press in November and still has not been cleaned up. Expressed sadness that interim Administrator Schroeder is not applying for the City Administrator position and stated that the City needs stability. Councilmember Smith: Explained that she had to leave the previous meeting abruptly due to a family emergency. Councilmember Fliflet: Finance Committee met and made a recommendation to reduce water rates, attended Library Board Meeting, spoke with residents. PUBLIC COMMENTS/INOUIRIES Virginia Pleban, 8245 59th Street North, stated that the Council meetings are argumentative and take too long. Ms. Pleban encouraged the Council to listen to each other and seek consensus. Dale Dorschner, 3150 Lake Elmo Avenue, stated that the decisions being made are putting City at risk and asked that a copy of the budget for last three years he sent to him at his address. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 PRESENTATIONS None CONSENT AGENDA 1. Approve Payment of Disbursements 2. Authorize Certification to the Washington County Auditor — Unpaid Water Utility Bills — Resolution 2015-86 3. Accept November 2015 Financial Statements 4. Approve 2016 Liquor License Renewals: Prom Management & Elmo Liquor 5. Accept November 2015 Assessor Report 6. Accept November 2015 Building Department Report 8. Approve Eagle Point Boulevard Street Improvements — Pay Request No. 4 9. Approve CUP Amendment for Oakdale Gun Club 10. Approve 3M Tolling Agreement 11. Approve Office Administrative Assistant Hiring 14. Approve Joint Powers Agreement for Use of East Metro Public Safety Training Facility Consent Agenda adopted by consensus. REGULAR AGENDA ITEM 12: Approve Public Works Hiring Interim Administrator Schroeder explained the request to upgrade one current position from part time to full time and hire an additional full time streets worker. Mayor Pearson, seconded by Councilinember Fliflet, moved TO APPROVE HIRING OF JOE EFFINGER FULL TIME AND UPGRADE OF MIKE CORNELL FROM PART TIME TO FULL TIME. Motion passed 5 — O. ITEM 13: Approve Reider Preliminary Plat Extension Interim Administrator Schroeder reviewed the request for a one year extension to allow additional time for the property owner to market to developers. Discussion held concerning water and sewer connection fees and property taxes the development would. generate. Mayor Pearson, seconded by Councihnentber Bloyer, moved TO EXTEND THE REIDER PRELIMINARY PLAT APPROVAL BY ONE YEAR. Motion passed 3 — 2 (Fliflet, Lundgren — nay) Councilmember Smith stated that although she voted against the original plat approval, she felt obligated to the property owner to extend the plat now that the property is platted. Page 2 of 7 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 ITEM 27: Draft Agreement for Library Services Mayor Pearson stated he is suggesting a proposal for Lake Elmo to seek to reestablish library services with Washington County. Mayor Pearson presented a brief review of the history of the library transition from the county system to becoming a city library and added that this agreement would go to the Library Board for discussion after Council approval. Jean Olinger, 9057 Lake Jane Trail, strongly urged the Council to re-enter the county library system as soon as possible and related her experience with challenges and restrictions when using her library card at other libraries. Paul Pallmeyer, 8989 Lake Jane Trail, stated he was opposed to leaving the county system and noted limitations of the Lake Elmo Library card and expressed frustration. Barbara Miller, 9240 55" Street North, strongly urged the Council to take action to get back to a full member of the Washington County Library system, stating that electronic borrowing limitations are very frustrating. Parliamentarian Wendt read a statement submitted by Stephanie Larkin, 9280 55th Street North, in favor of rejoining the county system. County Commissioner Gary Kriesel commented on the criteria for attaining associate library status and stated that the county would likely welcome the Lake Elmo Library back into the system but not as an associate library. Mayor Pearson, seconded by Councihnember Bloyer, moved THAT THE LAKE ELMO CITY COUNCIL DIRECTS THIS DRAFT AGREEMENT BE SENT TO THE LAKE ELMO LIBRARY BOARD IN ORDER THAT THE BOARD WILL OFFER THE COUNCIL INPUT THAT ALIGNS WITH THE LELB'S MISSION STATEMENT: "THE MISSION OF THE LELB IS TO ENHANCE ACCESS TO LIBRARY SERVICES, INFORMATION AND RESOURCES FOR LAKE ELMO RESIDENTS" Councilmember Fliflet, seconded by Councihnember Smith, moved to amend the primaty motion by substitution with a motion TO SUPPORT LIBRARY BOARD EFFORTS TO REENTER THE COUNTY AND MELSA SYSTEMS AND THE CITY COUNCIL SUPPORTS THE WORK THE LIBRARY BOARD HAS BEEN DOING ALL YEAR TO ACHIEVE ASSOCIATE STATUS. Councihnember Fliflet stated that she supports the work the library staff and Board have been doing all year to support reentry into the county system as an associate library as soon as possible. Mayor Pearson, seconded by Councilmember Moyer, nioved TO ADD "WITHIN THE NEXT SIX MONTHS" TO THE MOTION TO SUBSTITUTE. Motion failed (Fliflet, Lundgren, Smith — nay). Page 3 of 7 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 Sarah Linder, 1 l l 08 12111 Street North, spoke as current Vice President of the Library Board, state that there is a long checklist for what needs to be done to become an associate library and the Library Board would like to continue on with the process. Motion to substitute the primary motion passed 3 — 2 (Pearson, Bloyer — nay). Substitute motion passed 3 — 1 — 1 (Pearson — nay, Bloyer — abstain). Councilmember Bloyer stated he would not support the motion and stated the City should take direction from the county to avoid wasting taxpayer money pursing associate status. Mayor Pearson stated he would not support the motion and encouraged citizens to read the Library Board minutes and Strategic Plan. ITEM 15: Single Fire Station Fire Chief Malmquist presented a follow up to his October presentation and reviewed Public Safety Committee recommendations, study findings and cost for construction of fire stations in neighboring communities. Chief Malmquist also reported on staffing challenges and reviewed a financial comparison of one and two station models. Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIRECT THE LAKE ELMO FIRE DEPARTMENT TO MAPKE PREPARATIONS AND DESIGNS TO MOVE TO ONE CENTRALIZED FIRE STATION, IDENTIFY AND SECURE AN APPROPRIATE SITE FOR A FUTURE FIRE STATION/PUBLIC SAFETY BUILDING. Potential costs for a new fire station and acquiring land were discussed. Cost for needed maintenance and updates at the current fire stations was also discussed. Councilmember Smith stated she was not ready to move forward with this proposal due to current infrastructure commitments. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION BY STRIKING THE MOTION AND INSERTING "MAKE PREPARATIONS TO MOVE TO A SINGLE FIRE STATION AND IDENTIFY AN .4PPROPRIATE SITE. Motion failed 2 — 2 — 1 (Pearson, Bloyer — nay. Smith — abstain). Councilmember Smith, seconded by Councilmember Fliflet, moved TO AMEND THE PRIMARY MOTION TO REMOVE THE LANGUAGE AFTER "STATION". Motion failed 2 — 3 (Pearson, Bloyer, Lundgren — nay). Primary motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). ITEM 16: Northland Securities — Approve Proforma Services Administrator Schroeder presented information on the cost for Northland Securities to produce a proforma model for the City to analyzing Enterprise Funds. Mayor Pearson, seconded by Councilmember Lundgren, moved TO POSTPONE FURTHER DISCUSSION TO A COUNCIL WORKSHOP WITH THE FINANCE COMMITTEE AND TAMMY OIVIDAHL . Motion passed 4 — 1 — nay). Page 4 of 7 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 ITEM 17: Cost of Service Study for Water and Sanitary Sewer Utilities — Approve Authorization for TKDA Councilmember Fliflet, seconded by Councilmember Smith, moved TO REMOVE ITEM 17 FROM THE AGENDA. Motion failed 3 —2 (Pearson, Bloyer — nay). City Engineer Griffin presented the proposal for TKDA to conduct a cost of service study that could be used by the City's Finance Department for the purpose of projecting cash flows, bonding needs and evaluating user rates and charges. Councihnember Fliflet, seconded by Councihnember Smith, moved TO POSTPONE ITEM 17 TO THE SAME COUNCIL WORKSHOP AS ITEM 16. Motion passed 3 — 2 (Pearson, Bloyer — nay). ITEM 22: Ordinance Amendments to Article IX of the Zoning Ordinance — Rural Districts as it Pertains to Permitted. Conditional and Interim Uses City Planner Wensman presented the Planning Corrunission recommendation for changes to Article IX of the Zoning Ordinance as it pertains to secondary dwellings, cemetery, commercial stable, golf courses, restricted recreation, and agricultural sales business uses in the rural districts. Yvette Oldendorf, 5418 Lake Elmo Avenue North, asked questions about the status of the definitions, if they can be revised, and who is the arbiter. City Attorney Snyder stated that the City Council is the arbiter and if there is ambiguity in the definitions, the decision goes against the City. Councilmember Fliflet stated she was in favor of removing all the uses added in October 2013 as the discussion was not held at the Council level at that time when adding them. Councilmember Fliflet, seconded by Councilmember Smith, ntoved TO APPROVE AN ORDINANCE AMENDMENT, AMENDING ARTICLE IX OF THE ZONING ORDINANCE REMOVING SECONDARY DWELLINGS, CEMETERY, COMMERCIAL KENNEL, COMMERCIAL STABLE, GOLF COURSE AND AGRICULTURAL SALES AS ALLOWABLE USES IN THE RURAL DISTRICTS. Mayor Pearson, seconded by Councihnember Bloyer, moved TO REFER THIS ISSUE BACK TO THE PLANNING COMMISSION. Motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). Primary motion passed 3 — 1 (Pearson — nay, Bloyer — abstain). ITEM 21: Decrease in Letter of Credit Policy Interim Administrator Schroeder reviewed the proposed policy and discussed anticipated circumstances when the policy would be used, noting that some other cities surveyed allowed staff to make determinations on security reductions. Page 5 of 7 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 Councihnember Fliflet, seconded by Councilmember Lundgren, moved TO AUTHORIZE STAFF TO APPLY THE AMENDED PROVISIONS TO THE ACTIVE DEVELOPMENT PROJECTS IN THE CITY, THEREBY ALLOWING FOR SECURITY REDUCTIONS TO BE PROCESSED FOR COUNCIL APPROVAL IN ADVANCE OF WHAT IS CURRENTLY ALLOWED IN THE RESPECTIVE SIGNED DEVELOPMENT AGREEMENTS AND APPLY THEM TO AGENDA ITEMS 21a, b, c and d. Motion to amend the primary motion TO REMOVE ITEMS 21A, B, C AND D passed by consensus. Primary motion passed 5 — O. Richard Smith stated he lives north of the Wildflower development that is not complying with the intentions of the previous security agreement. Mr. Smith stated that the promise of a new access has not been met and his driveway has been in very poor condition due to construction traffic. Bob Engstrom, Wildflower developer, addressed Mr. Smith's concerns and assured Mr. Smith and the City Council that he would rectify the situation right away. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE A REDUCTION OF THE LETTER OF CREDIT FOR THE WILDFLOWER AT LAKE ELMO ls7' ADDITION FROM $3,440,831 DOWN TO $2,310,740 WITH A REQUIREMENT THAT MR. SMITH BE PROVIDED WITH PASSABLE INGRESS AND EGRESS. Motion passed 5 — O. Items 21a, 21b and 21d approved by consensus. ITEM 18: Proposal to Reduce Water Rates Finance Director Bendel reviewed the City's current water rates, noting they are high compared to neighboring communities. Bendel reported on the current number of users in the system and outlined the number of users in each rate tier, projected new users and projected volume. Councilmember Smith, seconded by Councihnember Lundgren, moved TO APPROVE TIER MODIFICATIONS PRESENTED RELATED TO RESIDENTIAL WATER RATES FOR ADOPTION WITH THE 2016 FEE SCHEDULE. Councihnember Bloyer, seconded by Mayor Pearson, moved to amend the motion to add "CONTINGENT UPON WRITTEN RECOMMENDATION BY THE FINANCE DIRECTOR AND CITY ADMINISTRATOR". Motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). Primary motion passed 5 — O. ITEM 19: Transfer Electrical Permit Inspecting to the State of MN Administrator Schroeder reported that the City retains 25% of the cost of electrical permits but may be losing money on the staff time for processing and tracking the pemfits. Councihnember Fliflet, seconded by Councihnember Smith, moved TO REPEAL ORDINANCE 08-093 I'VHICH ADOPTED THE CITY ELECTRICAL PERMITTING AND INSPECTIONS PROGRAM, TO REPEAL ORDINANCE 08-094 TO AMEND THE CIT1"S Page 6 of 7 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 FEE SCHEUDLE TO INCORPORATE FEES RELATED TO THE CITY ELECTRICAL PERMITTING AND INSPECTIONS PROGRAM, AND TO DISCONTINUE THE ELECTRICAL INSPECTION SERVICES AGREEMENT WITH JOE WHEA TON EFFECTIVE 1/1/2016. Motion passed 3 — 2 (Pearson, Bloyer — nay). ITEM 20: Approve 2016 Fee Schedule Item 20 approved by consensus ITEM 23: Village Mixed Use Zoning Discussion Councilmember Bloyer stated he would like the Planning Commission to review and possibly amend the VMX ordinance. Bloyer added that the adoption of the ordinance, the 2012 Comprehensive Plan and densities allowed in the Old Village should be reviewed. Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIRECT THE PLANNING COMMISSION TO REVIEW THE VILLAGE MIXED USE ZONING IN THE DOWNTOWN ZONE. Motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). ITEM 26: Discussion of Meetino Minutes Content Councihnember Fliflet, seconded by Mayor Pearson, moved THAT THE CITY COUNCIL MEETING MINUTES PROVIDE A SUMMARY OF PROCEEDINGS AND ONLY ERRORS BE BROUGHT TO THE CITY CLERK FOR CORRECTION. Motion passed 4 — 0 — 1 (Bloyer — abstain). ITEM 28: Purchase of Public Works Truck Administrator Schroeder asked to delay discussion; this purchase was intended to be a pre- purchase for 2016 to utilize excess budget funds. Item tabled by consensus. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Reported on status of the City's video recording equipment, attended developer meetings and Washington County City Administrators meeting. Finance Director Bendel: Reported levy proceeds have been received, a refund from LMC has been received, working on insurance renewal, preliminary audit scheduled for next week, preparing to send out utility bills and preparing for the January Finance Committee meeting. Meeting adjourned at 1:02 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 JANUARY 19, 2016 CALL TO ORDER Parliamentarian Kevin IVendt 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 Kevin Wendt PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Councilmember Bloyer moved items 12 and 13 to the Regular Agenda. Interim Administrator Schroeder added Parliamentarian Contract to the Regular Agenda as item 24. Item 21 was moved to the beginning of the Regular Agenda and Item 14 was moved to the end. Agenda approved by consensus as amended. ACCEPT MINUTES Minutes of the November 17, 2015 Regular Meeting were accepted after discussion. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 5911 Street North, spoke about ethics and integrity and asked the Council to think about the future of Lake Elmo Mike Reeves, 11075 141ui Street North, commented on the departure of staff, volunteers and the former City Attorney and encouraged the removal of the censure on Councilmember Bloyer. Barry Weeks, 3647 Lake Ehno Avenue, commented on an article in the Stillwater Gazette and stated that the City is wasting money in a lot of areas. Nadine Obennueller, 8696 42nci Street, apologized to Councilmember Smith for the contempt and cruelty aimed at her and stated it is time to move forward and remove the censure of Councilmember Bloyer. Christine Nelson, 2871 Legion Avenue North, thanked the Council for the job they do and stressed the importance of ethics, morals and values. Susan Dunn, 11018 Upper 33'1 Street, thanked the Parliamentarian for assisting with the Council meetings and asked the City Council to re -work the numbers in the Old Village. PRESENTATIONS Lake Elmo Library Presentation LAKE ELMO CITY COUNCIL MINUTES .JANUARY 19, 2016 Library Board Vice President Sarah Linder reported that the Lake Elmo Library has been pursuing Associate Library status with Washington County, retaining a local library with local control. Councilmember Fliflet reviewed a proposal for the Lake Elmo Library that was presented to Washington County and reviewed a recent history of other meetings held concerning the library's status with the county system. Fliflet also explained the risks with being a branch library compared to independent and associate status. Fliflet reviewed the library statistics, mission, financial benefits to Washington County, and reactions to the presentation given to the county. Mayor Pearson stated he prefers affiliate status for the library rather than associate status, as associate status you'd be more costly. Councilmember Bloyer stated the city should pursue associate status along with exploring affiliate status as well. Jean Olinger, 9057 Lake Jane Trail, stated the city should pursue associate status as that appears to be the path of least resistance and asked for information on specific responses from the county regarding the library. Elizabeth Hartley-Pawloski, 9737 51St Street North, asked for the library to become reaffiliated with the county system, stating she uses the Stillwater Library and would like the additional access to other libraries. Sarah Linder, 11108 12th Street North, stated the library culTently has access to ebooks and other resources at the Stillwater Library but associate status would give residents greater access to the resources of other libraries. FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept December 2015 Assessors Report 4. Accept December 2015 Building Department Report 5. Eagle Point Boulevard Street Improvements — Pay Request No. 5 6. 39th Street: Street and Sanitary Sewer Improvements — Change Order No. 5 7. 39'h Street: Street and Sanitary Sewer Improvements — Compensating Change Order No. 6 8. 39'1' Street: Street and Sanitary Sewer Improvements — Pay Request No. 8 (FINAL) 9. Village Trunk Utility Improvements — Approve Reduction of Security #1 10. East Metro Water Resource Education Program (EMWREP) — Renew Shared Resource Education Program Agreement Consent Agenda approved as presented. ITEM 21: Library Board Appointments Interim Administrator Schroeder reviewed his memo regarding Library Board Appointments and noted the City Attorney's opinion that the Library Board cannot change the hoard structure without City Council approval. Page 2 of 7 LAKE ELMO CITY COUNCIL MINUTES JANUARY 19,2016 Judy Gibson, 10684 10th Street Court North, Library Board Member, spoke on behalf of the Board, explaining Library Board recommendations for reappointments and appointment of a new member and added that the shift from alternates to full board members would make meetings and voting easier for the alternates. Mayor Pearson encouraged the Library Board to look at a management fee payable to the City. Councihnember Fliflet, seconded by Councihnember Lundgren, moved TO ADOPT RESOLUTION 2016-06 INCREASING THE LIBRARY BOARD FROM 7 MEMBERS AND 2 ALTERNATES TO A BOARD OF 9 MEMBERS. Motion passed 5 — O. Mayor Pearson, seconded by Councihnember Lundgren, moved TO REAPPOINT STEVE DELAPP AND SARAH LINDER AND APPOINT MARGOT SEILINI AND TOM DEGREE TO THE LIBRARY BOARD. Motion passed 5 — O. ITEM 15: Hidden Meadows Plat Extension Bob Bridges, Executive Pastor of Rockpoint Church, explained that the request is for a two year extension of the plat approval with no changes to the plat. The extension is requested to provide assurance to a potential buyer that the City would move forward with the process. Mr. Bridges added that the church would be corning back to request a small change in the water main location at the final plat approval. Planning Director Wensman reviewed the plat, noting open space and history of the project. Mark Guenther of Gen Mark Builders stated that it is a well designed project and his firm would build single family detached housing with no changes to the design of the project. Councilmember Smith suggested the addition of more trees to adequately screen the south and west sides of the development. Mayor Pearson, seconded by Councihnember Fliflet, moved TO APPROVE THE REQUEST FROM ROCKPOINT CHURCH TO EXTEND THE DEADLINE TO SUBMIT A FINAL PLAT RELATED TO HIDDEN MEADOWS 2ND ADDITION FOR A PERIOD OF TWO YEARS UNTIL JANUARY 2, 2018. Motion passed 5 — O. ITEM 16: Sion Variance 8650 Hudson Boulevard Planning Director Wensman reviewed the request for a 5 foot height and 4 foot width variance, noting the location and purpose of the larger sign. Wensman also reviewed the Eagle Point Business Park PUD regulations and provided examples of other large signs in the area. Mayor Pearson, seconded by Councihnember Bloyer, moved TO ADOPT RESOLUTION 2016-05 APPROVING THE 5 FOOT HEIGHT AND 4 FOOT WIDTH VARIANCE REQUEST AT 8650 HUDSON BOULEVARD TO ALLOW FOR A 35 FOOT HIGH, 16 FOOT WIDE PYLON SIGN AT THE HIGH POINTE MEDICAL CAMPUS. Dawn Grant of IR ET Properties explained that the proposed location of the sign is due to challenges in the topography. Grant stressed that the variance is necessary to attract and retain Page 3 of 7 LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 tenants, adding that they lose tenants regularly due to lack of visibility. Discussion was held concerning the location of the sign, visibility from the road and highway, and potential for customers to use the wrong entrance to the High Pointe Medical Campus. Melanie Sullivan, 4275 Little Bluestem Trail, spoke as a resident and an employee of St. Croix Orthopaedics in support of the sign variance, explaining the importance to patients in being able to find the clinic and also for the clinic to be successful. Motion passed 5 — 0. ITEM 17: Ordinance Amendment to Exempt Essential Services from PF-Public or Semi Public Zoning District ITEM 18: Zoning Map Amendment to Rezone a Parcel from Rural Residential to Public or Semi Public Zoning District Mayor Pearson, seconded by Councilmember Fliflet, moved TO ADOPT ITEMS 17 AND 18 AS PRESENTED. Motion passed 5 — O. ITEM 19: Inwood Trunk Watermain Improvements — Approve Plans and Specifications; Authorize Ad for Bids City Engineer Griffin presented the proposed improvements and projected costs, noting that the project could require three different types of contractors. Councilmen:be:. Lundgren, seconded by Councihnember Smith, moved TO APPROVE RESOLUTION 2016-04, APPROVING THE PLANS AND SPECIFICATIONS, CALLING HEARING ON IMPROVEMENT, AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE INWOOD TRUNK WA TERMAIN IMPROVEMENTS. Motion passed 5 — O. ITEM 20: Inwood Water Tower (No. 4) — Approve Plans and Specifications; Authorize Ad for Bids City Engineer Griffin reviewed the site location and preliminary design for the water tower. Griffin also reviewed an alternate bid that would include mezzanine space to accommodate telecommunications equipment. Griffin noted that the tower has been designed with the city name painted on two sides of the tank in the same font at Tower 2. Councilmen:be:. Fliflet, seconded by Councihnember Lundgren, moved TO APPROVE RESOLUTION 2016-03, APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE INWOOD WATER TOIVER (No. 4). Motion passed 4 — 1 (Smith — nay). Councilmember Smith stated that she supports the project but objects to the location of the tower. Page 4 of 7 LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 ITEM 22: Bureau of Mediation Services Process Interim Administrator Schroeder recommended that the Council invite the Bureau of Mediation Services to facilitate work on two items by the City Council: meeting management/interaction and agenda setting. Mayor Pearson, seconded by Councilmember Bloyer, moved that THE LAKE ELMO CITY COUNCIL OFFICIALLY REQUESTS AND INVITES THE LMC AND/OR THE BMS TO CONTINUE WORKIG WITH THE COUNCIL AND CITY STAFF IN AN EFFORT TO IMPROVE THE WORKING DYNAMICS OF SAME; SPECIFICALLY, TO HELP COUNCIL RESOLVE THE ISSUE OF CITY COUNCIL MEETING INTERACTION AND SETTING AGENDAS. Roll Call Vote taken. Motion failed 2 — 3 (Fliflet, Lundgren, Smith — Nay). Councilmember Fliflet stated that she is open to BMS coming back in the future but not on these topics. Councilmember Lundgren agreed. Councilmember Smith stated she would entertain inviting BMS after Staff has worked on integrating the Mayors Handbook with the City Ordinance. ITEM 23: Council Role in Hiring Process Administrator Schroeder reviewed his memo, stating that some City Council Members attend some interviews and noted the guidelines outlined in the City Ordinance regarding personnel in Chapter 31.29. Councilmember Moyer, seconded by Mayor Pearson, moved WITH THE EXCEPTION OF THE CITY ADMINISTRATOR POSITION, INTERVIEWING AND RECOMMENDING CANDIDATES FOR EMPLOYMENT TO THE CITY COUNCIL SHOULD BE MADE BY CITY STAFF. Motion failed 2 — 3 (Fliflet, Lundgren, Smith — Nay) Councilmember Flitlet stated she wants to be involved with hiring integral staff members in positions dealing in growth. ITEM 12: Approve Northland Securities Proforma Services ITEM 13: Approve TKDA Cost of Service Study for Water and Sanitary Sewer Utilities City Administrator Schroeder provided background information on Items 12 and 13 and suggested approving them together. Items 12 and 13 approved as presented by unanimous vote. ITEM 14: Approve 2016 Meeting Schedule Discussion was held concerning adding a second Council Workshop to the schedule for each month. Councilmember Bloyer suggested leaving it to the Administrator's discretion to add Council. Workshops as needed. Page 5 of 7 LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 Councihnember Fliflet, seconded by Councilmen:6er Smith, moved TO ADOPT THE 2016 REGULAR MEETING DATES AS PRESENTED. Motion passed 5 — 0. ITEM 24: Contract for Parliamentarian Interim Administrator Schroeder reviewed the proposed contract terms for Parliamentarian services. Councilmember Fliflet, seconded by Councilmember Smith, moved TO EXTEND THE CONTRACT WITH KEVIN WENDT AS PARLIAMENTARIAN FOR CITY COUNCIL MEETINGS FOR A PERIOD OF 3 MONTHS ACCORDING TO SCHEDULE 1B OF THE MEMO ATTACHMENT. Councilmember Bloyer, seconded by Mayor Pearson, moved to amend the motion by substitute with a motion TO HIRE MR. WENDT ON A ONE MONTH CONTRACT UNDER SCHEDULE 2 OF THE MEMO ATTACHMENT TO SIT WITH STAFF AND RULE ON POINTS OF ORDER FOR $160 PER HOUR. Councihnember Fliflet, seconded by Councilmember Lundgren, moved TO LIMIT DEBATE ON THIS ISSUE TO ONE MINUTE PER PERSON. Motion failed 3 — 2 (Pearson, Bloyer — nay). Substitute motion failed 0 — 5. Primary motion passed 3 — 2 (Pearson, Bloyer — Nay). Councilmember Bloyer stated he won't support the Parliamentarian contract as it is intended to make the Mayor look bad. COUNCIL REPORTS Mayor Pearson: Spoke at Library Board Meeting, expressed appreciation for Planning Commission comments on the removal of Commissioner Dorschner. Announced a Meet the Mayor event to be scheduled soon and asked about city staff compensation reviews. Councilmen -Wu Lundgren: Reviewed resumes for City Administrator candidates, responded to citizen issues. Councilmember Bloyer: Fielded emails regarding the library issue, commended the Planning Commission for standing up on the removal of Commissioner Dorschner and thanked residents for their support. Councilmember Smith: Met with staff, Councilmember Fliflet and Washington County staff regarding the library. Communicated with Washington County Public Works and assisted residents with phone calls and comments. Councilmember Fliflet: Attended a library meeting with Washington County, Library Board Meeting and City Council/Finance Committee joint workshop. Received calls of support for her "no" vote on the BRT and addressed a lot of citizen comments. Page 6 of 7 LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: No report. City Clerk Johnson: Reminded the Council and residents that the first City Council meeting in March will he held on Wednesday, March 2nd due to Republican Caucuses being held on March 1St City Attorney Sonsalla: Looking forward to working with the City and offering assistance. Planning Director Wensman: Working on railroad crossing closures and the shore land ordinance. City Engineer Griffin: Continuing to work with Washington County on the downtown improvements and reviewing county plans for Manning Avenue and resurfacing project. Meeting adjourned at 12:02 a.m. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page7 of 7 THE on or KE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR &COUNPILC0 UNICATION. DATE: February 2, 2016 CONSENT ITEM #2 MOTION Approve Disbursements in the amount of $1,521,466.47 Patty Baker, Accountant Cathy Bendel, Finance Director Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item ................ ............. ...... .......... ..... City Administrator Report/Presentation.................... ...... ........ ..... City Adrninistrator 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: $1,521,466.47 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $1,521,466.47. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page City Council Meeting [Consent Agenda Item February 2, 2016 BACKGROUND INFORMATION/STAFF REPORT,: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # ACH ACH DD691 1-DD6959 43897-43945 2749-2750 ACH ACH ACH ACH Amount $ 14,842.19 S 6,300.17 $ 41,819.45 S 1,031,258.41 120.00 $ 75,098.75 $ 171,578.75 $ 90,413.75 S 90,035.00 TOTAL $ 1,521,466.47 Description Payroll Taxes to IRS & !MN Dept of Revenue 01/21/16 Payroll Retirement to PERA 01/21/16 Payroll Dated (Direct Deposits) 01/21/16 Accounts Payable 02/02/16 Library Card Reimbursement 02/02/16 Bond Payment, 2010A, 02/01/16 Bond Payment, 2010B, 02/01/16 Bond Payinent, 2011A, 02/01/16 Bond Payment 2012B, 02/01/16 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of S1,521,466.47. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable To Be Paid Proof List User: Patty-13 Printed: 01/2812016 - 4:1 7 PM Batch: 008-01-2016 Iavoice il Its Date Amount Quantity Pint Date Description Reference Task Type PO 4 Close POLine 4 DELTA Delta Dental Of Minnesota 6339218 01/15/2016 1,874,40 0.00 02412/2016 February Premium No 0000 I ()1-000-0000-21706 Medical insurance 6339218 Total: 1,874.40 DELTA Total: 1,874.40 LEASSOC Lake Elm() Associates, LLP Feb 16 02/01/2016 2.461J/0 0.00 02/02/2016 February 2016 Rent No 0000 101-410-1940-44120 Rentals - Building Feb 16 Total: 2,461.00 LEASSOC Total: 2,461.00 NCPERS 566200-NCPERS Minnesota 5662216 01/22096.00 016 0,00 02/02/2016 February 2016 Premium No 0000 101-000-0000-15500 Prepaid Items 5662216 Total; 96,00 NCPERS Total: 96.00 RABOUIN RABOUIN, INC 02/010016 2,500.00 0.00 02/02/2016 February installment No 0000 101-410-13211-43100 Assessing Services Total: 2,500.00 RABOUIN Total: 2,500,00 SW/WC' SW/WC Service Cooperatives 1252016 01/25/2016 21,405.00 0.00 02102/2016 February 2016 Premium No 0000 101-000-0000-21706 Medical Insurance 1252016 Total: 21,405,00 SW/WC Total: 21,405.00 AP - To Be Paid Proof List ((11/28116 - 4:17 PM) Page i nvoice ii1V 1);Itl.` Anionnt Quantity Pint Date Description Deference Task. Type PO # Close POLine Report Total: 2S,336,40 AP - To Be Paid Proof list (01/2S116 - 4:1 7 PM) Page 2 Accounts Payable To Be Paid Proof List U.5CF: Patty-B Printed: 01/28/2016 - 401 PM Batch: 006-01-2016 Tavoice 4 Inv Date Amount Quantity Pmt Date Description Reference Task Type P0 4 Close POLine ACC6LA Accela, Inc 1NV296 1 11/11/2014 101-410-1520-43 150 Contract Services 1NV29611 Total: ACC ELA Total: ANIMALHU Animal Hinnanc Society 4979 01/08/2016 101-420-2700-43150 Contract Services 4979 Total: ANIMALHU Total: BOLTONME Bolton & Menk, Inc 186364 01115/2016 602-495-9450-43030 Engineering Services 186364 Total: 186365 01115/2016 409-480-8000-43030 Engineering Services 186365 Total: 186366 01/15/2016 803-000-0000-22910 Developer Payments 186366 Total: BOLTONME Total: COMPASS Compas,s Minerals 71433823 01/08.12016 101-430-3125-42290 Sand/Salt 71433823 Total: 71441933 01/21/2016 101-430-3125-42290 Sand/Salt 71441933 Total: 5,379.05 0.00 02/02/2016 Maintenance 2015 No 0000 5,379,05 5,379.05 1,410.00 0.00 02/02/2016 Animal Impound Service 10/01/15- No 0000 01/01/16 1,410.00 1,410.00 87.50 0.00 02/02/2016 P V R Station No 0000 87.50 333.00 0.00 02/02/2016 2014.131 39th Street N No 0 000 333.00 3,240.00 0.00 02/02/2016 Wildflower No 0000 3,740.00 3,660,50 14,363.64 0.00 02/02/2016 Road Salt - No 0000 14,363,64 10,269.21 0.00 02/02/2016 Road Salt No 0000 10,769.21 AP - Ti Be Paid Proof List (01/28/16 - 4:01 PM) Page 1 Invoie(' tiv Date won t Quantity Pint Date Description Reference Task- Type Close POLine COMPASS Total: )4.637,85 GMCONTR G.M. Contracting, Inc. Pay Req 6 01/25/2016 120,765.01 0.00 02/02/2C/16 20 13.133 LE Ave Trunk Watennain 601-494-9400-43030 Engineering Services Pay Reg 6 Total: 120,765.01 GMCONTR Total: 120.765,01 110L1DAYC. Holiday Credit Office 01115/2016 45.31 0.00 02/0212016 Fuel 101-420-2220-42120 Fuel, Oil and Fluids Total: 45.31 1-101.1DAYC 45.31 HP Hewlett-Packard Company 56761504 01/07/2016 717.48 0.00 0102/2016 Equipment 101-410-1520-43185 Hardware Support 56761504 Total: 717.48 HP Total: 717.48 No 00110 No 0000 No 0000 NORTHSEC Northland Securities, Inc. 4307 01/08/2016 1,375.00 0.00 02102/2016 Continuing Disclosure Report No 0000 101-410-1520-44300 Miscellaneous 4307 Total: 1,375,00 NORTHSEC Total: 1,375.00 RABOU1N RABOUIN, INC Final 2015 01/2812016 10,668.00 0.00 02/02/2016 2015 Final Assessment No 0000 101-410-1320-43100 Assessing, Services Final 2015 Total: 10,668.00 RABOU1N Total: 10.668,00 SAM BATEK Sambatek, Inc 6632 Pf16/7015 635.55 0,00 02/012016 Savona No 0000 803-000-0000-22910 Developer Payments 6632 1711612015 79.40 0.00 02/02/2016 Gun Club No 0000 S03-000-0000-22910 Developer Payments 6632 12/16/2015 505.75 0.00 010212016 Wildflower No 0000 S03-000-0000-22910 Developer Payments AP - To Be Paid Proof List (01.1.2.8(6 4:01 PM) Page 2 Invoicc Inv Da 1-e Amoont Quantity ['nit Date Description Reference Task Type l'O # (Iwo, POLitte # 6632 12/10/2015 1,338.75 0.00 02/02120 I 6 1.egends No 0000 803-000-0000-229 1 0 Developer Payments 6639 12/16/2015 297.50 0,00 02102/7016 Hammes No 0000 803-000-0000-22910 Developer Payments 6632 12/16/2015 202.30 0.00 02107/2016 Arbor Glen No 0000 803-000-0000-22910 Developer Payments 6632 12110/2015 238.00 0.00 02/02/2010 Heekcn. - Wedding Venue No 0000 803-000-0000-22910 Developer Payments 6632 12!1612015 6,043.10 0.00 02/02/2016 General planning No 0000 101-410-1910-43150 Contract Services 6632 Total: 9,340,35 6775 12/16/2015 59.50 OW 02/02;2010 Legends No 0000 803-000-0000-22910 Developer Payments 6775 Total: 59,50 6776 12/16/2015 238,00 0,0U 02/0212016 Arbor Glen No 0000 803-000-0000-22910 Developer Payments 6776 Total: 238.00 6804 12116/2015 29.75 0.00 02/0212016 GunClub No 0000 803-000-0000-22910 Developer Payments 68 04- 12/16/2015 29.75 0.00 02/02/2016 Auto Owners No 0000 S03-000-0000-22910 Developer Payments 6804 12/16/2015 89.25 0.00 02102/2016 Arbor Glen No 0000 803-000-0000-22910 Developer Payments 6804 12/1612015 1,649,05 0.00 02/02/2016 General planning No 0000 101 —410-19 10-43 150 Contract Services 6804 Total: 1.797,80 SAMBATEK Total: l 1,435,65 SCHROEDE Schroeder Clark Various 01118/2016 16,89 0,00 02/(12/2016 Menards supplies No 0000 1 01-410-1320-42000 Office Supplies Various 01/18/2016 35,00 0.00 02/02/2016 Greater Stillwater Chamber event No 0000 101-410-1320-44370 Conferences & Training Various 0 1/1 S12010 35.00 0,00 02'02/.7016 AARP/Metro Arca Agency No 0000 101-4 10-1320-44370 Con lerences & Training Various Total: 86,89 SCHROEDE Total: 86.89 SH1 S1-11 International Corp B04404091 12130/20 15 24 3.00 0.00 02102/2016 Software 101-410-1520-43180 Software Support B04404691 Total; 243.00 AP - To Be Paid Proof List (01128116 - 4:0 I PM) No 0000 Page 3 InvDale _Amount Quantity Pnot Date 1)c,xrip iOTT Reference Task' SH I Total: 243.00 SH ORTELL Short Elliot Henderickson, Inc 308746 01/08/2016 15.957.72 0.00 02/02/2016 21)15,13(1 Inwood Water Tower 601-494-9400-43030 Engineering Services 308746 Total: 15,957.72 309105 01111/2016 17.896.79 0,00 02/02/2016 2016 Street - Final Design 409-4S0-8000-43030 Engineering Services 309105 01/11/2016 1,72-1.00 0.00 (12/02/2016 2016 Street - Easement Sketch 409-480-8000-43030 Engineering Services 309105 Total: 19.620.79 SHORTELL Total: 35.578,51 WACO-PW WASH INGroN COUNTY 82378 - Pay 1 12/09/2015 498,866.35 0.00 02102/2010 CSAH 17 - Phase 1 - estimated 409-480-S000-43030 Engineering Services 82378 - Pay 1 Total: 498,866.35 WACO-PW Total: 498,866.35 WAS-SHER Washington County 82.582 01/7212016 263817,31 0.00 02/02/2016 Jul- Dec 201,5 Police Services 101-420-2100-43150 Law Enforcement Contract 82582 Total: 263,817.31 WAS-SI [ER 263,817.31 Report Total: 978,680,91 Type PO Close POLine No 0000 No 0000 No 0000 No 0000 No 0000 AP - 'To Be Paid Proof List (,0i /28116 - 4,01 PM) Page 4 Accounts Payable To Be Paid Proo[List User: PattyB Printed: 01/28!2016 - 4:09 PM Batch: 007-01-2016 Invoice it Ins- Date Amount Quantity Ptnt Date Description Reference Task Type PO t/ Close POLine BD113DI 6920765 01/05/2016 94,16 0,00 0202/2016 Parts No 0000 101-430-3100-422 I Equipment Parts 6920765 Total: 94,16 B D1 Total: 94.16 13ECKER Becker Fire and Safer),,, 1.1.,C 2210 01/25/2016 159,25 0.00 02/02/2016 Annual Extinguisher Service No 0000 206-450-5300-44010 Repairs/Maint Bldg 2230 Total: 159.25 2231 01/25/2016 97, )5 0,00 02/02/2016 Annual Extinguisher Service No 0000 I C)1-4120-2220-44010 Repairs/Maint Bldg 2231 Total: 97.75 2232 01/25/2016 101.00 0.00 02/02/2016 Annual Extinguisher Service No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 2232 Total: 10 I .00 2233 01/25/2016 101.00 0,00 02/02/2016 Annual Extinguisher Service No 0000 101-430-3100-44010 RepairsAlaint Bldg 2233 Total: 101,00 BECKER Total: 458,50 CAPCITY Capitol City 2016-001 01/14/2016 100.00 0.00 02/02/2016 Annual dues - 2015-2016 No 0000 101-420-2220-44330 Dues & Subscriptions 2016-001 Total; 100,00 CAPCITY Total: 100.00 CARQUEST Car Quest Auto Parts 2055-309368 01/20,2 I 06 23.98 0.00 02/02!2016 Paris No 0000 101-430-3100-42210 Equipment Parts 2055-369368 0 1/20/2106 36,49 0.00 02%02/2016 Tools No 0000 101-430-3100-424(10 Small Tools & Minor Equipment AP - To Be Paid Proof List t01128/16 - 4:09 PM) Page 1 invoice 'R. iv Date Amount. Quantit Pmt Date Description Reference ntsk Type PO # Close POLine 2055-369368 Total: CARQUEST Total: 60.47 60,47 CENTURY L CentinyLitil: 01192016 01/1912016 1 I 0.98 0.00 02.0212016 Phone service - Library No 0000 206-450-5300-43210 Telephone 01192016 01;19/2016 115.00 0.00 02/02/2016 Intenet Service - Library- No 0000 206-450-5300-43250 Internet 01192016 Total: 225.98 CENTLIRYL Total: 225.98 DSCUSTOM D & S CUSTOM COVERS 6689 01/14/2016 498.50 0.00 02/0212016 Replace hose cover flaps on El No 0000 101-4V-2220-44040 Repairs/Maint Eqpt 6689 Total: 498.50 DSCUSTOM Total: 498.50 EMERGR ES Emergency Response Solutions 5628 01/20/2016 40.68 0.00 02/02/2016 Straps for saw holder 101-420-2220-44040 Repairs/Maint Eqpt 5628 Total: 40.68 EMERGRES Total: 40.68 No 0000 FRANCOTY Francotyp-Postalia, Inc RI102685735 01/05/2016 599.40 0.00 02/02/20 16 Postbasc Rateguard 1 /I -12S31/ I 6 No 0000 101-410-1320-43220 Postage RI 102685735 Total: 599.40 FRANCOTY Total: 599.40 GKSERV1C G&K Services 1182496953 01/13/2016 34.20 0.00 02/02/20 16 Uniforms No 0000 101-430-3100-44170 Uniforms 1182496953 Total: 34.20 1182508428 01/20/20 16 34.20 0.00 02/02/2016 Uniforms No 0000 101-430-3100-44170 Uniforms I 182508428 Total: 34.20 1182520010 ()112712016 34.20 0.00 02/02/2016 Uniforms No 0000 101-430-3100-44170 Uniforms 1182520010 Total: 34.20 AP - To Be Paid Proof List (0 1/28116 - 4:09 PM) Page 2 invoice T-4-- Inv Date Amount Quontify Pint Date Description Reference UKSERVIC Total: 10).60 GREATAM Great America Financial ISl69293 01/182016 101-410-1940-44040 RepairsNaint Contractual Eqpt 18169293 Total: GREATAM Total: HAWK Hawk abeling Systems 201973 01/15/2016 601-494-9400-42270 Utility System Maintenance 201973 Total: HAWK Total: HP Hewlett-Packard Company 56773551 01111/2016 I 01-410-1910-43180 Information Technology/Web 56773551 Total: HP Total: INNOVAT Innovative Office Solutions 1N1045571 01/13/2016 101-410-1320-42000 01.1ice Supplies IN1045571 Total: 1N1045572 01/14/2016 101-410-1320-42000 Office Supplies INI045572 Total: 1N1045573 01/1312016 101-420-2220-42000 Office Supplies IN I 045573 Total: 1N10.55220 01/2212016 101-410-1320-42000 Office Supplies 1N1055220 01/22/2016 101-410-1520-42000 Office Supplies IN1055220 Total: INNOVAT Total: 517.06 0.00 02!02/20 16 Copier Maintenance 5 7.06 517.06 175.20 ((.00 02/02/2016 Lahels 175,20 175,20 197.01 0,00 0Z:0212016 Equipment 197.01 197,01 408.75 0.0(1 02/02/2016 Supplies - miscellaneous 408.75 64.26 0.00 02/02i2016 Solar Calculators 64.26 130.64 0.00 02102/2016 toner 130.64 53.18 0.00 02/02/2016 Supplies 90.82 0.00 02/0212016 Calculator 144,00 747.65 Task Type PO tt- Close POLine No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 kothhtel Kath Fuel Oil Service Co 544160 01/27.0016 67.50 0.00 02/02/2016 Fluids No 0000 I01-430-3100-42120 Fuel. Oil and Fluids 544160 Total: 67.50 - To Be Paid Proof List (0112816 - 4:09 PM) Page 3 Invoice 4 My Date 544199 01/20/2016 101-430-3100-42120 Fuel. Oil and Fluids 544199 Total: 54417' 01/20/2016 101-430-3100-42120 Fuel. Oil and Fluids 544121 Total: koth fuel Total: Amount Quantity Pint Date Description Reference Tosk Type PC) t Close POLine 648.24 0.00 0241212016 Fuel 648.24 303.66 0.00 02;02/2016 Fuel 303.66 1,019.40 No 0000 No 0000 LEAGMN League of MN Cities 225827 0112512016 20.00 0.00 02/0212016 2016 Safely & loss control No 0000 101-410-1310-44370 Conferences & Training 225817 Total: 20.00 1.,EAGN'IN Total: 20.00 MANUFACT Manufactured Housing Special. 2015-1050 01/2612016 803-000-0000-22900 Deposits Payable 2015-1050 Total: 2015-1051 01/2612016 S03-000-0000-22900 Deposits Payable 2015-1051 Total: M AN LI F ACT Total: 250.00 0.00 02.102/2016 Escrow Release 388 Cimarron 250.00 250.00 0,00 02/02/2016 Escrow Release 208 Cimarron 250,00 50(1.00 MENARDSO Menards - Oakdale 95593 0 1/1 2/2016 32.07 0.00 02/02/2016 Building repair 101-45(1-5200-42230 Building Repair Supplies 95593 Total: 32,97 95625 01/12/2016 249,00 0.00 02/02/2016 Ladder 1(11-430-3100-42400 Small Tools & M inor Equipment 95625 Total: 249,00 95787 01/15/2016 19.98 (00 02/02/2016 Building repairs 101-450-5200-42230 Building Repair Supplies 95787 Total: 19,98 95851 01/15/2016 104.06 0.00 02102/2016 Building repairs 101 -450-5200-42230 Huilding Repair Supplies 95851 Total: 104.06 96" 73 01/21/2016 6A9 0,00 02/02,12016 Garbage bags 101-420-7270-44010 Repairs/Maim Bldg 96273 01121/2016 7.29 0,00 02102/2016 Vehicle maintenance 101-4'20-2220-44040 Repairs:Maint Eqpt 96273 Total: 13,78 96316 04;22/2016 64.96 0.00 02;012016 Shop supplies 101-450-5200-4215(1 Shop Materials AP - To Be Paid Proof List (01/28116 - 4:09 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 4 Invoice Inv Date mom) t Quantity Pnit )ate Description Reference 963 16 Total: 64,96 MENARDSO Total: 484,75 TaKk Type PO # Close POLine METRO MU Metro Cities 36 0111312016 3,669.00 0.00 0202/2016 2016 Annual dues No 0000 10E-410-1 I 10-44330 Dues & Subscriptions 36 Total: 3,069.00 METRO Ml3 3,669-00 M!DLIFT lklidwest Lift Works, LLC 1300 01/2212016 1,116.75 0.00 02;-02/20 16 Building repair No 0000 101-430-3100-44010 RepairsiMaint Bklg 1360 Total: 1,126.75 MIDLIFT Total: 1,126,75 NINF1RECH MN State Fire Chiefs Assn 186 01/13/2016 93,00 0.00 02;02/20 16 Malmquist - No 0000 101-420-1220-44370 Conferences & Training 186 Total: 93,00 202 01113/2016 57.00 0,00 02/02/2016 Malmquist - Captain No 0000 101-420-2220-44370 Conferences & Trainina. 202 Total: 57.00 203 01/1312016 57.00 0.00 02/02/2016 Cornell No 0000 101-4120-2220-44370 Conferences & Training 203 'total: 57.00 204 1)1/13/2016 57.00 0.00 02/02/2016 Witter No 0000 101-420-2220-4437 Conferences & Training 204 Total: 57.00 NINFIIECI-i Total: 264.00 ONECALL Gopher State One Call 6000487 0113112016 100.00 0,00 02/02;2016 Annual Fee No 0000 101-430-3100-43150 Contract Services 60004S 7 Total: 100.00 ON ECALL Total: 100.00 POM PS Pomp's Tire Service, Inc. 210216504 01,15/2016 50.00 0.00 02/02/2016 Repair equipment No 0000 I 01-430-3125-44040 IZepairs/Maint Eqpt- 910116504 Total: 50,00 AP - To Be Paid Proof List (01,28'16 - 4:09 PM) Page 5 thvoire inv Etat: Amount Quail t it y Putt Date Description Reference Task Type PO Close POLine POM PS Total: 50.00 RABOUIN RABOUIN, INC. 1-16 01,2712016 I 01-410-1320-43 I 00 Assessing Services 1-16 Total: RABOUIN Total: RRSPEC R&R Specialties of WI, hie 0059011-IN 01/19/2016 101-450-5200-42250 Landscaping Materials 0059011-1N Total: RRSPEC Total; 2,500.00 0.00 02/02/7016 Jan 2016 contract payment 2.500.00 2,500.00 No 0000 112.00 0.00 02:02/2016 Landscape supplies No 0000 112.00 112.00 SPRINT Sprint 761950727-154 01/18/2016 61.42 (1.00 02102/20 I 6 Admin No 0000 101-410-1940-43210 Telephone 761950227-154 01/18/2016 226.78 0.00 02102120 I 6 Fire No 0000 101-420-2220-43210 Telephone 761950227-154 01118,2016 135.8-4 (1.00 02.102/2016 Building No 0000 101-420-2400-43210 Telephone 761950227-154 01/1S/2016 87,46 0.00 02/02/2016 PW No 0000 101-430-3100-4,3210 Telephone 761950227-154 01/18/2016 122.15 0.00 02/02/2016 Parks No 0000 101-450-5200-43210 Telephone 761950227-154 01/18/2016 56.87 0.00 02/02/2016 Taxpayer Services No 0000 101-410-1450-43210 Telephone 761950227-154 01/18/2016 15.31 0.00 02/02/2016 PLanning No 0000 101-410-1910-43210 Telephone 761950227-154 1'otal: 705.83 SPRINT Total: 705.83 STPAULCB St Paul Area Chamber of Comm. 01./72/2016 101-410-1910-43150 Contract Services Total: STPAULCB Total: 9,625,60 0.00 09/02/2016 Eat Meiro Strong Report 9,625.60 9,625.60 No 0000 TMOB1LE T Mobile 947226095 01/1 1/2016 21.55 0.00 02/02/2016 SCAM line No ONO 601-404-9400-432 W Telephone Al' - To Be Paid Proof List (0112S/16 - PM) Page 6 invoice Tt Inv Date 947226095 Total: TMOBILE Total: VEkIY.UN Verizon Wireless 9758719686 01/10/2015 101-470-2220-43210 Telephone 9758719686 Total: VERIZON Whiteani White Anita Bonus 01/192016 101-410-1450-43020 Cable Operations Bonus Total: Cable 01/1972016 I 01-410-1450-43620 Cahle Operations Cable 01/21/2016 101-410-1450-43620 Cable Operations Cable 0126/7016 101-410-1450-43620 Cable Operations Cable Total: ‘Vhitcani Total: Report 'Iotal: Amount Quantity Pint Date Deccription Reference Task Type l'O 1 Close POLine 21.55 21.55 35.01 0.00 02/02/2016 Wireless charges - Fire 35.01 35.01 75.00 0,00 02/02/2016 CC If I 9/16 - Bonus 25,00 55.00 0.00 02102/2016 CC 1/19/16 55.00 0.00 02A/212016 Parks 1/20.11 6 55.00 0.00 02/02/2016 Planning 1125/16 165.00 190.00 24,241.10 No 0000 No 0000 No 0000 No 0000 No 0000 - To Be Paid ProolList (01:28116 - 4:09 PM) Page 7 TI-11,, (Try oF LAKE ELN 0 A YOR & COUNCIL CO UNICATION DATE: February 2, 2016 CONSENT ITEM # AGENDA ITEM: Lake Elmo Avenue Trunk Watemtain improvements — Change Order #2 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Cathy Bendel, Finance Director Jack Griffin, City Engineer S UGGESTE DORDERO OF BUSI NESS if removed from the Con.sent.lgenda): Questions from Council to Staff ..... ...... ........... ....... ....... , Public Input, i 1 A ppropriate................ „ „ „ . Callfor Motion ........... ............ ........ ..................„......... Discussion....... ...... .............. ....... .............. .......... ............. Action on Motion.. ....... ................. .............. ...... ...... POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $9,100.00 Mayor Facilitates ....,.Mayor Facilitates Mayor & City Council Mayor & City Council Mayor Facilitates This change order provides compensation to the contractor to compete additional work at the request for the City. With approval of this change order the revised contract amount is $2,037,215.25. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the Consent Agenda, Change Order No. 2 for the Lake Elmo Avenue Trunk Watennain hnprovements, thereby increasing the Contract amount by $9,100. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Change Order No. 2 for the Lake Elmo Avenue Trunk Watermain Improvements thereby increasing the contract amount by $9,100.00." page City Council Meeting [Consent Agenda Item 3J February 2, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: This change order provides compensation to the contractor to compete additional work at the request for the City. The work includes two items; 1) time and mobilization to excavate and investigate a curb stop suspected of leaking at 3012 Lake Elmo Avenue and, 2) additional driveway pavement work along Lake Elmo Avenue to correct drainage issues along the entrance to several resident's driveways. The above described changes were not included in the original contract and result in a contract increase of $9,100.00. The $9,100 amount is within the project contingency budget, therefore with this change order the total project budget remains within the authorized project budget. RECOMMENDATION: Staff is recoinmending that the City Council approve, as part of the Consent Agenda, Change Order No. 2 for the Lake Elmo Avenue Trunk Watermain improvements, thereby increasing the Contract amount by $9,100. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Change Order No. 2 for the Lake Elmo Aventte Trunk Watermain Inzprovements thereby increasing the contract amount by $9,100.00." ATTACHMENT(S): 1, Change Order No. 2. page 2 -- CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA LAKE ELMO AVE TRUNK WATERMAIN IMP. PROJECT NO. 2013.133 ENGINEERING, inc. CHANGE ORDER NO. 2 DATE: January 8, 2016 TO: GM CONTRACTING, INC. 19810 515TH AVE, PO BOX 736 LAKE CRYSTAL, MN 56055 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified as follows upon execution of this Change Order, CHANGE ORDER DESCRIPTION /JUSTIFICATION: This change order is being processed to amend the Contract by addressing two changes in the scope of work. (1) Time and mobilization to excavate and investigate a curb stop suspected of leaking. (2) Additional driveway pavement work along Lake Elmo Avenue to correct drainage issues in front of resident's driveway entrances. Attachments (list documents supporting change): ITEM DESCRIPTION OF PAY ITEM N/A UNIT QTY UNIT PRICE INCREASEADECREASE) - 1 CO 2-1 WATER SERVICE EXCAVATION LS 1 I $3,500.00 CO 2-2 DRIVEWAY PAVEMENT -DRAINAGE CORRECTION DRAINAGE ... _LS 1 , $5,600.00 $3,500.00 $5,600.00 NET CONTRACT CHANGE $9,100.00 Amount of Original Contract $ 2,015,687.39 Sum of Additions/Deductions approved to date (CO Nos. 1) $ 12,427.86 Contract Amount to date $ 2,028,115,25 Amount of this Change Order (ADD) (NO CHANGE) $ 9,100.00 Revised Contract Amount $ 2,037,215.25 The Contract Period for Completion will be (UNCHANGED) (INCREASED) (i P, ASED) APPROVED BY ENGINEER: FOCUS Engineering, inc. APPROVED BY CONTRACTOR CL ENGINEER 1/8/2016 DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE BY BY DATE DATE FOCUS Engineering, inc. /(7/7/ 0 days CHANGE ORDER FORM THII E CITY ()F LAKE ELN 0 AYOR & COUNCIL CO UNICATION DATE: February 2, 2016 CONSENT ITEM # 4 AGENDA ITEM: Lake Elmo Avenue Trunk Waten-nain Improvements — Compensating Change Order No. 3 SUBMITTED BY: Chad lsakson, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUIC(;ESTE1) ORDER OF BUSINESS ifrenumed from the Consent Aeendai: - Questions from Council to Staff... ..... ..... .........„.... ...... ...... Mayor Facilitates Public Input, if Appropriate... ..... ..... .Mayor Facilitates Call for Motion Mayor & City Council Discussion ....... ...... ....... ........ ...... ......... ......... Mayor & City Council Action on Motion ..... ..... ................ ........ ...... Mayor Facilitates rp.pCY...RKOMMENDER: Engineering. FISCAL IMPACT: Decrease of $15,631.93 to the final construction contract amount. This change order reconciles the estimated and actual quantities installed on the project and decreases the final contract amount by $15,631.93. The final construction contract amount is $2,021,583.32 or 0.3% over the original construction contract award amount of $2,015,687.39. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving, as part of the consent agenda, Compensating Change Order No. 3 for the Lake Elmo Avenue Trunk Watenuain Improvements to reconcile the estimated and actual quantities installed on the project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Compensating Change Order No. 3 .for the Lake Elmo Avenue Trunk Vatermain Improvements thereby decreasing the final contract amount by $15,631.93." -- page City Council Meeting [Consent Agenda Item 4] February 2, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION.: GM Contracting, Inc. was awarded a construction contract on June 3, 2014 to complete the Lake Elmo Avenue Trunk Watermain Improvements. The contractor has completed the work in accordance with the contract, plans and specifications; and with approval of this change order the contract amount will be adjusted to reflect quantities actually installed as a part of the project. The overall decrease in the contract amount for this change order is $15,631.93 as detailed on the attached itemization. The final construction contract amount is $2,021,583.32. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, approving Compensating Change Order No. 3 for the Lake Elmo Avenue Trunk Watermain Improvements thereby decreasing the final contract amount by $15,631.93. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve Compensating Change Order No. 3 for the Lake Elmo Avenue Trunk Waterman Improvements thereby decreasing the final contract amount by $15,631.93." ATTACHIVIENT(S): Compensating Change Order No. 3 -- page 2 -- CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA LAKE ELMO AVE TRUNK WATERMAIN IMP. PROJECT NO. 2013.133 FI C S ENGINEERING, inc. CHANGE ORDER NO. 3 DATE: January 11, 2016 TO: GM CONTRACTING, INC. 19810 515TH AVE, PO BOX 736 LAKE CRYSTAL, MN 56055 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified as follows upon execution of this Change Order, CHANGE ORDER DESCRIPTION / JUSTIFICATION: Per the project Contract Documents the original contract amount and basis of award is established using the estimated quantities for each item of work listed in the bid schedule and multiplying them by the Contractor's corresponding unit bid price. The Contractor is paid for the actual final quantities installed on the project at the unit bid prices. At the completion of the project, a compensating change order is prepared to revise the estimated quantities for each work item listed in the bid schedule to the actual quantities installed and the corresponding Contract Amount is revised accordingly. This compensating change order reflects a net decrease to the contract amount by $15,631.93. Attachments (list documents supporting change): Itemization ITEM DESCRIPTION OF PAY ITEM UNIT QTY UNIT PRICE INCREASE/(DECREASE) **See attached itemization ($1.5,631,93) NET CONTRACT CHANGE ($15,631.93) Amount of Original Contract $ 2,015,687.39 Sum of Additions/Deductions approved to date (CO Nos. 1 & 2) $ 21,527.86 Contract Amount to date $ 2,037,215.25 Amount of this Change Order (AD-0) (DEDUCT) (NO CHANGE) $ (15,631.93) Revised Contract Amount $ 2,021,583.32 The Contract Period for Completion will be (UNCHANGED) (INCREASED) (DECREASED) APPROVED BY ENGINEER: FOCUS Engineering, inc. ENGINEER 1/11/2016 DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA 0 days APPROVED BY CONTRACTOR BY '---76/ - -417/ DATE BY BY DATE DATE 41118111.1 FOCUS Engineering, inc. CHANGE ORDER FORM CHANGE ORDER NO. 3 LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013,133 FOC S ENGINEERING, inc. ITEM DESCRIPTION OF PAY ITEM DIVISION 1.017118.61 1 MOBILIZATION 2 TRAFFIC CONIROI, 3 SILT FENCE 4 TREE REMOVAL 5 INEPT PROTECTION 6 6" TOPSOIL AND SOD 7 TEMPORARY WATER SERVICE SUBTOTAL - DIVISION 1 CONTRACT TOTAL TO DATE COMPENSATING CHANGE ORDER NO. 3 UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT NET CHANGE AMOUNT i 1 585,000.00 585,000.00 565,000,00 50.00 45 ! 1 $53,951.69 553.951.69 1 $53,951.69 50 OD IF 461 52.50 51,152.50 0 50.00 -461,0 .51,152.50 EA 20 5400,00 58,00000 8 53.200.00 -12.0 -54.800,00 EA 3 5152.58 5457 74 3 5457.71 5000 Sy 267 56.30 $1,682,10 267 51,682 10 50 00 LS 1 54,500.00 54,500.00 1 $4,700co so DO $154,744.03 1148791.53 -55,952.50 DIVISION 2 - INATERMAIN 1 RENIOVE EXISTING WATERMAIN , ALL SIZES AND TYPES LF 416 $2.85 51,185.60 363 $1,034 55 -53 0 .5151.05 2 ABANDON EXISTING WATERMAIN IN PLACE - MI SIZES AND TYPES 10 970 52 85 $2,764.50 970 62,764.50 5000 3 SALVAGE EXISTINGLIREIRANT. LEAD, AND VALVE EA 2 535000 5700.00 1 5350.00 - 1.0 -535000 4 REMOVE/ABANDON EXISTING WATER SERVICE . AI t SIZES AND TYPES FA 15 5150,00 52,250.00 16 52,400.00 1.0 $160.00 5 CONNECT TO EXISTING WATERMAN FA 4 51,448.16 $1.448 16 1 51,448 16 50.00 6 6" GATE VAINE & BOX EA 27 52,036 85 554,994.95 27 $54,994 95 SO 00 7 81 GATE YAWL & BOX EA 4 52,630.53 520,122 16 3 $7,591,62 '10 -52,530.54 8 12" GATE VALVE & BOX EA 1 53,508,66 53,508.66 1 $3,508.66 SO 00 9 16" BUTTERFLY VALVE & BOX EA 17 $3,489 56 559,322.52 15 652,343.40 -20 -56,979 12 10 HYDRANT - 836" BURY EA 27 54,182.48 5112,926.96 27 5112,925,96 So on 11 1" CORPORATION STOP EA 6 5425.90 52.555.40 7 52,981.30 1.0 5425.90 12 1,5" CORPORATION STOP EA 58 5550.20 520,907.60 40 522,00800 2.0 51,10040 13 2" CORPORATION STOP EA 2 5647.35 $ 2,294 70 2 $1,294.70 50.00 14 1" CURB STOP AND BOX EA 6 546158 52,382.48 7 53,245,06 1.0 5463.58 2.5 1,57CURS STOP AND BOX EA 38 5640,53 522,820.14 40 524,021,20 2.0 51,201.06 16 2" CURB STOP AND BOX EA 2 5745.85 51,493 70 2 61,493 70 50.00 17 1" TYPE K COPPER WATER SERVICE PIPE LF 204 528.59 $5,532.36 217 $6,204.03 13.0 5371.67 18 1.5" TYPE IC COPPER WATER SERVICE PIPE LF 1,586 53205 550,847.16 1,737 665,689,22 151.0 54,841.06 19 2" TYPE II COPPER WATER SERVICE PIPE LF 52 53735 51,992.20 51 51,904.85 -1.0 .537.35 20 CONNECI TO EXISTING WATER SERVCIF -ALLSIZES AND TYPES EA 15 5500,00 67,590,00 15 $7,500.00 10.00 21 6" OIP CL. 52 WATERMAN LF 379 529.50 511,180.50 373 511,00150 -6.0 -5177,00 22 16" MP CL, 52 WATERMAN IF 387 574 63 528.981.81 390 529,105,70 3.0 5223,89 23 8" HOPE OR 11 WATERMAN LF 174 57093 S12.341.82 174 512,341.82 5000 24 12" HOPE DR II WATERMAIN LF 74 Salm 1.6,053 20 74 50351.20 50.00 25 16" HEIPE DR 11 WATERMAN LE 11,152 599 00 5997528 eo 11,152 6992,528,00 50.0/.1 29 16' HDPE OR11 WATERMAN, EXTRA DEPTH IP) IF 2,200 589.00 5195,800.00 2,200 S195,800.00 50.00 27 IDX45" BEND 611 DUCTILE IRON COMPACT FITTING EA 32 5362,03 512,564.96 9 53,254.27 .23,0 -58,329.69 28 16X11-1/4" BEND Mt DUCTILE MON COMPACT FL) TING EA 1 51.32500 51,325.00 0 SD 00 ,1.0 -51,325 CO 29 16X45" BEND MI DualtE IRON CoMPACT FITTING EA 2 51.337.00 52,674.00 0 50.00 .2 0 -52,674,00 30 5473. TEE ME auctiLE IRON COMRADE n7'794G EA 3 $543,52 51,63056 4 52,174.08 1.0 5513.52 31 16166' TEE 5,11 DUCTILE IRON COMPACT FITTING EA 23 51,498.00 534,454.00 23 514,454 00 en 00 32 16FX0E TEE MI DUCTILE IRON COMPACT FITTING EA 4 51,520.00 56,080.00 4 56,08000 50.00 33 1MX12" TEE 61.1 DUCT ILE IRON COMPACT DIMING EA 1 51,589.00 5 4589.00 1 51,589 00 50.00 34 I6X12' CROSS MI DUCTILE IRON COMPACT FITTING EA 2 51,657.77 $3,315 54 $1,65 CT) • 1 9 -51,657,77 35 12"X6" REDUCER MI DUCTILE IRON COMPACT FITTING EA 1 5588.10 558810 $589.10 50.00 36 16"X8" REDUCER MI DUCTILE IRON COMPACT RIMING EA 1 5762,51 5762,51 5742.61 $000 17 8" PLUG MI DUCTILE IRON COMPACT FITTING EA 4 $268.40 $1,073 60 5 51,342.00 1.0 5268.40 38 12" PLUG MP DUCTILE IRON COMPACT FITTNG EA 4 5322 24 51,288 96 $644.48 -1.0 -5644.18 39 16" PLUG BD DUCTILE IRON COMPACT FITTING EA 1 $506 18 5506 18 1 5686.19 50 00 40 HORIZONTAL DIRECTIONAL DRILLING BORE PITS Ls 1 $70,092.00 570.03200 ILO $70,092.00 50.00 41 WATER SERVICE CONNECTION PITS LS I 555,57700 $55,577.00 1,00 555,577,00 50.00 42 OM ROAD STRUCTURE MARKER EA 27 557.70 $1,557.90 7 5403.90 -20.0 •51.154..00 43 4" POIRSTYRE NE INSULATION SF 96 $1,37 5707.52 64 547L68 32.0 -5215 84 SUBTOTAL - DIVISION 2 51,808,790.41 51,792,137.05 -$16,653.36 ORDSION 3 - STREETS SAWCUT BITUMINOUS PAVEMENT LF 1,020 53.92 53.930,40 433 $1,597.30 -587.0 52,301.04 2 REMOVE & DISP OS E OF EXIST. BITUMINOUS PAVEMENT, ALL TYPES SY 1,125 $5.67 56,378-75 672 53.810 24 -453 0 .52,558.51 3 CLS AGGREGATE BASE TN 41.0 529.93 $12,221,30 407,7 $12,202.46 -2,3 -$68.94 DRIVEWAY RESTORATION SY 52 539 21 $2,431 02 17.33 S679.51 -44.7 -51,75151 SPNW62308 BIELIMINOUS NON WEAR COURSE, STREETS T01 134 5428.96 $17,280.64 147.80 5191160 29 13.8 $1,779.65 6 50WEA2406 on MINOUS WEAR COURSE, STREE TS IN 67 5144 44 59,677.48 85,02 S12,280 29 13.0 52.607281 7 6011611190U5 MATERIAL FOR TACK COAT GA 56 $2,06 5115.36 56 5115.36 50.00 S08T0TA3 . DIVISION 3 552,162_95 S49,845 51 -$2,307,44 TOTALS - BASE CONTRACT 52,015,68739 $1,990,774.09 .,524,913.30 ITEM DESCRIPTION Or PAY ITEM UNIT CHANGE ORDER NO.1 701.1 TRAFFIC CONTROL -TEMPORARY 51074000 C01-2 RESTORATION - ELIMINATE CROSS AT 10TH STEM r C01-3 REMOVE 1.6'XI2" CROSS C01.4 REMOVE 12" PLUG C01..5 REMOVE 16" BUTTERFLY VALVE &110X C01-6 18-INCH HYDRANT EXTENSION C01,7 EOSTOR ADAPTORS C01-8 16.INCH SLEEvE TOTALS - CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 CO2.2 3012 LAKE ELMO AvENUE WATER SERvici EXCAVATIDN COO-.3 2976 & 2986 LAKE ELMO AVENUE DRIVEWAY REPAIRS TOTALS - CHANGE ORDER NO. 2 CONTRACT QUANTITY LJNIT PRICE AN10UNT TOTAL TO DATE QUANTITY AMOUNT COMPENSATING CHANGE ORDER NO 3 NET CHANGE AMOUNT LS 1,0 53,810.00 $3,810 00 1 53.810.00 50,00 IS -1,0 $1,130.46 -$1,130,46 .1 -51.130 46 50 00 EA .1.0 51.657.77 -51,657.77 0 50,00 1.0 51.657 77 EA -2.0 5322,24 -5644.48 0 50,00 20 5044.48 EA -20 53,489,56 ,36,979,12 0 50.00 2,0 06,979 12 EA 10 5852.25 5852,25 1 5952.25 50.00 EA 16 0 5200,00 53,200 OD 16 53,200.00 90.00 EA , 18.0 5832 08 514,977,44 18 514,9/7,44 SILDO $12,427.86 $21,709.23 $9,281.37 03 1,0 $3,500.00 LS 1.0 55,600.00 53,500.00 55,600.00 $9,100.00 TOTALS DIFFERENCE IN CONTRACT AND ACTUAL WORK COMPLETE $2,037,215.25 53,500,00 $5,600.00 59,100.00 So oor 00.02 50,00 $2,021,583.32 -$15,631.93 Ti crry LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL COUNICATION DATE: February 2, 2016 CONSENT ITEM # 5 Lake Elmo Avenue Trunk Watermain Improvements — Pay Request No. 6 (Final) Chad Isakson, Project Engineer Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director ORDER OF BUSINESS rent.qmt Questions from Council to ......... ............ Mayor Facilitates Public Input, if ...... ........„ ...... Mayor Facilitates Call for Motion ..... ......... Mayor & City Council Discussion ..... ...... Mayor & City Council Action on ..... . ....... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the approved Contract and change orders for the project. The total project cost remains within authorized amounts and approved change orders for the project. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider accepting the improvements and approving Pay Request No. 6 (Final) for the Lake Elmo Avenue Trunk Watermain Improvements. The work has been reviewed by the Engineer and is fully completed in accordance with the Contract and Specifications and Change Orders. if removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the Lake Elmo Avenue Trunk Watermain Improvements and approve Pay Request No. 6 (Final) to GM Contracting Inc. in the amount of $120,765.01." -- page City Council Meeting [Consent Agenda Item 5J February 2, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: GM Contracting Inc., the Contractor for the project, has completed the Lake Elmo Avenue Trunk Watermain Improvements in accordance with the construction contract awarded by the council on June 11, 2014. The Project Engineer has prepared a Certificate of Completion indicating that all work is completed including all punchlist items and is recommending the acceptance of the improvements and release of final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on February 2, 2016 and will extend through February 1, 2017. The final total construction costs for the project is $2,021,583.32 which is 0.3% over the original contract amount of $2,015,687.39. Added project costs are primarily related to additional water services stubs and watennain fittings. The project is being funded through the water fund and the levy of special assessments to the benefitting properties. A breakdown of the project costs compared with the previously approved budget is shown below. Total Project Costs: Funding Source: Water Enterprise Funds: Water Assessment Revenue: (32 Units at $2,900 each) Post Construction Costs Authorized Project Budget Costs $2,317,000 $2,498,400 $2,224,200 $92,800 $2,405,600 $92,800 The City has received all lien waivers, consent of surety, and IC-134s from the Contractor. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the Lake Elmo Avenue Trunk Watermain Improvements and approving Pay Request No. 6 (Final) in the amount of $120,765.01. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the Lake Elmo Avenue Trunk Watermain Improvements and approve Pay Request No. 6 (Final) to GM Contracting Inc., in the amount qf sno,765.01." ATTACHMENT(S): 1. Certificate of Completion 2. Partial Pay Estimate No. 6 (Final) -- page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 6 (FINAL) LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS PROJECT NO. 2013.133 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval Date 1 10/21/2014 2 1/19/2016 3 1/19/2016 TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: Amount Additions Deductions $12,427.86 $9,100.00 $21,527.86 F s C S ENGINEERING, inc. PERIOD OF ESTIMATE FROM 11/1/2014 TO 1/11/2016 CONTRACTOR: GM CONTRACTING INC. 19810 515TH AVE LAKE CRYSTAL, MN 56055 ATTN: MIKE URBAN, PROJECT MANAGER PAY ESTIMATE SUMMARY 1. Original Contract Amount 2. Net Change Order Sum 3. Revised Contract (1+2) 4. *Work Completed $15,631.93 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 0.0% 8. Previous Payments $15,631.93 9. Amount Due (6-7-8) $5895.93 *Detailed Breakdown Attached , CONTRACT TIME 6/26/2014 10/17/2014 11/14/2014 ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents. CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment 141 0 -423 FOCUS Engineering, inc. ENGINEER 1/11/2016 DATE CONTRACTOR estimate has been completed in accordance with the contract BY documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY BY DATE DATE $2,015,687.39 $5,895.93 $2,021,583.32 $2,021,583.32 $0.00 $2,021,583.32 $0.00 $1,900,818.31 $120,765.01 ON SCHEDULE YES NO FOCUS Engineering, inc, PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 6 (FINAL) LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.133 ITEM DESCRIPTION OF PAY ITEM DIVISION 1- GENERAL 3 MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 TREE REMOVAL 5 INLET PROTECTION 6 6" TOPSOIL AND SOD 7 TEMPORARY WATER SERVICE SUBTOTAL DIVISION 1 FS C S ENGINEERING, inc. CONTRACT THIS PERIOD TOTAL TO DATE UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT LS 1 $85,000.00 585000.00 I 0,00 $0,00 1 585,000 00 LS 1 553,951.69 553,551,69 : 0,00 50.00 1 553,951.69 LF 461 $2.50 51,152.50 tno 60.00 50.00 EA 20 5400.00 68,00000 - 4) 00 10.00 53.200.00 EA 3 6152.58 5457.74 000 1000 3 5457 74 SY 267 56.30 51,682.10 20,00 $1,657,10 267 51,662 10 LS 1 54,5750.00 54,500 DO 0.00 50 00 1 54,500.00 5154.744.03 01,692.10 $148,751.53 DIVISION 2, WATERMAIN 1 REMOVE EXISTING WATERMAN - ALL SIZES AND TYPES IF 415 $2.55 $1,185.60 0.00 $0.00 363 $1,034.55 2 ABANDON EXISTING WATERMAN IN PLACE . ALL SELBS AND TYP89 LE 970 $2.85 52,764.60 0.00 50.00 970 $2, 764.50 3 SALVAGE. EXISTING HYDRANT, t EAD, AND VALVE EA 2 5350 00 5700,00 0.00 $0,00 1 $159.00 4 REMOVE/ABANDON EXISTING WAI ER SERVICE. ALL SIZES AND TYPES EA 1$ 5150,00 52250,00 000 $0 DU 16 $2,400.00 5 CONNECT TO EXISTING WATERNIAIN EA I $1,448.16 $1,448,16 0.00 $0.00 1 $1,448 16 6 6" SATE VALVE & BOX EA 27 52,036.85 $54,994,95 0.00 50400 27 654,994,95 7 S" GAT E VALVE & BOX EA 4 $2,530,54 510,122.16 0.00 50.00 3 57,591.62 8 12" GATE VALVE & BOX EA 1 53,608,66 $3,505.66 0.00 Se oo 1 $3,508.66 9 16" BUTTERFLY VALVE & BOX EA 17 53,489.56 $59,322.52 0.00 50,00 15 592,343.40 10 HYDRANT- 5,6" BURY EA 27 54,152,48 5112,926,96 0.00 50.00 27 5112,926 96 11 1" CORPORATION STOP EA 6 $425.90 52,555,40 0.00 50 00 7 52,981.30 12 1.5" CORPORATION STOP EA 30 $550.20 520,907.60 0 00 $0.00 40 522,008.00 13 2" CORPORATION STOP EA 2 564 7.35 61,294.70 0,00 $0.00 2 51,294 70 14 I" CURBSIDE, AND BOX EA 6 5463.55 $2.78148 000 50,00 7 63.245,06 15 1,5" CURB STOP AND BOX EA 38 5600.53 522,820.14 000 Sao° 40 524,02120 16 2" CURBSIDE, ANO BOX EA 2 $746.55 51,493 70 0.00 Ono 2 51,493.70 17 1" TYPE K COPPER WATER SERVICE PIPE LF , 204 528,59 55,832.36 0,00 50.00 217 $6.204.03 15 LS" TYPE I( COPPER WATER SERVICE PIPE LF 1.586 552.06 050,847,16 0.00 50.00 1,737 $55,68B.22 19 2" TYPE X COPPER WATER SERVICE PIPE LF ' 52 $37,35 51,942.20 0.00 50,00 ST 51,904,85 20 CONNECT TO EXISTING WATER SERVCIE -ALL SIZES AND TYPES EA ' 15 $500.00 $7,500.00 0.00 50,00 15 57.500.00 21 6" DIP CL. 52 WATERMAIN LE 879 529,50 511,180.50 0,00 50.00 an $44.poo 50 22 16" DIP CL 52 WATERMAN LK 357 574.63 628,58151 0.00 50.00 390 529,109,70 23 8" HOPE DR 11 WATERMAN LK 174 $70.93 012,34152 0.00 50.00 174 512,34152 24 12' HOPE EIR 11 WATERMAIN LE 74 581 80 $6,0$3,20 000 0000 74 $6,053.20 25 16" HOPE DR 11 WATERMAN LF 11,152 $89.00 5992,528 00 0.00 50 00 11,152 5592,625.00 26 16" HOPE DR11 WATERMAIN, EXTRA DEPTH EP/ LE 2.290 585 00 5195,800 00 000 50 00 2,200 $195,81000 27 69E35" BEND 613 DUCTILE IRON COMPACT FtniNG EA 32 5362,03 511,584,96 0.00 $0.00 9 $3,258.27 28 16X11.1,14' BEND MI DUCTILE MON COMPACT PITTING 74 1 51,325.00 51,32500 0.(X1 $0.00 0 $0,00 29 16X45' REND MI MOTILE IRON COMPACT FITTING EA 2 51337.00 62,61E100 0.00 50,00 0 $0.00 30 8"X6' in NI) DUCTILE IRON COMPACT FITTING EA 3 5543.52 51,630.56 0.00 $0.00 4 $2.174.08 31 160E6" TEE MI DUCTILE IRON COMPACT PITTING EA 23 51,495.00 534,454 00 0.00 50.00 23 5.34,454,00 32 16"X8" TEE MI DUCTILE IRON CONTRACT PM ING EA 4 $1,520.00 56,080.00 000 $0.00 4 $6,080,00 33 16"X127 TEE ME DUCTILE IRON COMPACT FITTING EA 1 51,589 DO 51,589.00 0,00 $0.00 1 $1,589.00 84 16.'7E12" CROSS Mt DUCTILE IRON COMPACT FITTING EA 2 $1,657 77 53,315.54 0.00 5000 1 51,657,77 35 12"X6" REDUCER ME oucru IRON COMPACT FITTING EA $588 10 $688.10 0.00 50.00 1 $598.10 36 16"X0" REDUCER NU DUCTILE IRON COMPACT FITTING EA 5762.51 $762.51 0.00 50 00 1 6762.51 37 3" PLUG NI1 DUCTILE IRON COMPACT FITTING EA 4 5268,40 51071.60 000 50.00 5 51,342 00 38 12' PLUG MT Ditatu IRON compAcr FITTING EA 4 $322.24 51,285 96 0,130 50 00 2 $544.4 8 39 16" PLUG M1 DUCTILE IRON COMPACT FITTING EA 1 $506 1.8 5506.18 0 00 5000 1 9506,18 40 HORIZONTAL DIRECTIONAL DRILLING BORE Kis LS 1 570,092.00 570.092 00 0.00 50.00 1.0 570092.00 43 WATER SERVICE CONNECTION PIES LS 3 655.577.00 $55,577,00 0 IS $5,336.55 100 $55,577.00 42 OFF ROAD STRUCTURE MARKER EA 27 557.70 51.557.90 0,00 50 00 7 5403.90 41 4" POLYSTYRENE INSULATION SF 96 57.37 $707.52 000 $0,00 64 $471 68 SUBTOTAL - DIVISION 2 $1.805, 790.41 $8.336 55 51.797,137,05 DIVISION 3 . STREErs sAwayr BITUMINOUS PAVEMENT LE 1,020 53.92 53,998.4D 0 $0 00 433 51,697.36 2 REMOVE. & DISPOSE OF EXIST. BETUMINOUS PAVEMENT, ALI TYPES SY 1,125 65.67 56,375,75 0 5800 672 53,810.24 5 CL5 AGGREGATE BASE TN 410 529,93 512,27130 0 50.00 407 7 $12,202.46 4 DRIVEWAY RESTORATION SY 62 539 21 52431.02 0 50.00 17.33 1679.51 5 SPNW62306 BITUMINOUS NON -WEAR COURSE, SI REPT S IN 134 5128.96 $17,280 64 0 50,00 147.80 515,060.29 SPINE42401) BITUMINOUS WEAR COURSE, STREETS TN 57 5144 AA $9.677.48 11 51.603,28 85.02 512,220.29 BITUMINOUS MATERIAL FOR TACR COAT GA 56 52,86 $115 36 0 50.00 56 5115.36 SUBTOTAL - DIVISION 3 552,15295 51,603.28 $49,545.51 TOTALS- BASE CONTRACT $2,015,68739 $11,621.93 $1,990,774.09 ITEM DESCRIPTION OE PAY ETEM CONTRACT THIS PERIOD UNIT QUANTITY UNIT PRICE AMOUNT QIIANTITY AMOUNT CHANGE ORDER NO. 1 C01-1 TRAFFIC CONTROL. TEMPORARY SIGNAGE LS 1.0 53,810 Du 53,810.00 C01..2 RESTORATION . ELIMINATE CROSS AT LOTH STREET LS 1.0 51,130.41. -51,130,46 CO L.3 REMOVE 16"812" CROSS EA -1.0 51,657.77 41,557.77 C01.4 REMOVE 12" PLUG EA -2.0 5322.24 -$644.48 C01.5 REMOVE 16" BUTTERFLY VALVE & ROY EA .2,0 $3.489.$6 .$6.979.12 Col.& is -INCH HYDRANT EXTENsfoN EA 1.0 $852.25 5852.2$ CO1 7 FOSTOR ADAPTORS EA 16 0 $200.00 53,200.00 C01.8 16-INCN SLEEVE EA 18 0 $832.013 $14,977.44 TOTALS - CHANGE ORDER NO.1 $12,427.66 CHANGE ORDER NO. 2 CO2.1 WATER sERVICE EXCAVATION LS 1.0 $3.500.00 53500.00 CO2-2 OHIVEWAY PAvEMENT . DRAINAGE CORRECTION LS 2.43 55,600o0 15,600.00 TOTALS - CHANGE ORDER NO. 2 $9,100.00 COMPENSATING CHANGE ORDER NO. 3 CO2.1 wATER sERVICE EOCAVATION TOTALS - COMPENSATING CHANGE ORDER NO. 3 LS 10 -515,631.93 -515,631.91 1 -$15.631.93 TOTALS - REVISED CONTRACT $2,021,58332 TOTAL TO DATE UANTIIV AMOUNT O 50.00 1 13,810,00 O $0.00 1 -51.100.46 O 50 00 o 10,30 O 50,00 o So 00 O 50,00 0 So oo O SOW 1 5852.25 O 50.00 16 53,200 00 0 __ $0.00 la 514,977.44 $0.00 S21,709.23 $3,500.00 1 53,500.00 1 55,600 00 1 55,600.00 S9,100.00 59,100.00 Scup v:oo $20,721.93 $2,021,583.32 soLoo I 50.00 CITY OF LAKE ELNIO, NIN LAKE ELMO AVENUE TRUNK PROJECT NO. 2013.133 \VATERNLAIN IMPROVEMENTS CERTIFICATE OF COMPLETION DATE OF ISSUANCE: FEBRUARY 2, 2016 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: GM CONTRACTING, INC. PROJECT NAME: LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS PROJECT NO.: 2013.133 This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following. specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated JUNE 11, 2014. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: FEBRUARY 2, 2016 Chad Isakson Reg o. 49028 FOCUS Engineerin, Inc. THE WARRANTY PERIOD BEGINS FEB. 2, 2016 AND ENDS FEB. 1, 2017 "1-11F, CITY oF LAKE ELM AYOR & COUNCIL. CO UNICATION DATE: February 2, 2016 CONSENT ITEM # 6 AGENDA ITEM: Downtown Phase 1 Improvements — Approve Washington County Cooperative Agreement Payment No. 1 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS it' nroverl from the Consent iit!endat Questions from Council to .... Mayor :Facilitates Public input, Appropriate......... _ ... Facilitates Call for Motion . ..... ...... ......... Mayor & City Council Discussion Mayor & City Council Action on ..... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with Cooperative Agreement No. 9660 with Washington County for the Downtown Phase 1 Improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the Consent Agenda, payment to Washington County in the amount of $498,866.35 per the attached invoice and per section G.2 of Cooperative Agreement No. 9660 with Washington County for the Downtown Phase 1 Improvements. Per the agreement the first payment is due on January 15, 2016 in the amount equal to 10% of the Estimated Phase 1 Total City Cost. The County has extended the payment due date in order to allow the City to process payment approval at the February 2, 2016 council meeting and after reviewing additional supporting documentation. -- page 1 -- City Council Meeting [Consent Agenda Item 67 February 2, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In June 2015, the City of Lake Elmo entered into Cooperative Agreement No. 9660 with Washington County to forrnalize the County as the project lead agency for the Downtown Phase 1 and Phase 2 Improvements, including preliminary design, final design, right-of-way acquisition, construction inspection/administration, and construction costs. The agreement further identifies the estimated cost participation by the City and payinent thereof The City's payment schedule, as identified in section G.2 of the Cooperative Agreement is sumrnarized as follows: 1 January 15, 2016 — an amount equal to 10% of the Estimated Phase 1 Total City Cost. The agreement identifies the estimated amount of $495,309. 2. June 15, 2016 — an amount equal to 90% of the Estimated Phase 1 Total City Cost. The agreement identifies the estimated amount of S4,457,781. 3 January 15, 2017 — an amount equal to 20% of the Estimated Phase 2 Total City Cost. The agreement identifies the estimated amount of $764,272. 4. June 15, 2017 — an amount equal to 80% of the Estimated Phase 2 Total City Cost. The agreement identifies the estimated amount of $3,057,088. Washington County recently submitted the first invoice per this agreement in the amount of $498,866.35 which varies slightly with the estimated amount at the time the agreement was executed. The following is a summary for the revised payment amount per staff discussions with the County: Invoice #1 is 10% of the original estimated cost data used in the Cooperative Agreement with a few minor adjustments as follows: • Costs for R/W for Upper 33rd St, 36th Street and Laverne Avenue have been listed as actual Job -to -Date (JTD) at $89,452.10. Per the detail sheet this represents costs through 12/07/2015 and may not be a final cost. • Costs for R/W for the Regional Drainage Pond has been listed as actual Job -to -Date (JTD) at $427,406.65. This represents costs incurred to date but not final. • Costs for Construction Inspection/Administration have been listed as the original Cooperative Agreement estimates with additional costs added for precondition survey work by Multivista and Braun. The invoice does not reflect costs incurred to date and is not an indication in regards to the Estimate at Completion (ETC) for these services. • Preliminary/Final Design and Construction costs have been listed as the original Cooperative Agreement estimates with no change. The invoice does not reflect costs incurred to date and is not an indication in regards to Estimate at Completion (ETC) for these services. The County and City staff are aware of several Work Orders resulting in increased construction costs, however these increases have not been formally processed and are therefore not reflected in Invoice #1. -- page 2 -- City Council Meeting [Consent Agenda Item 6J February 2, 2016 RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, payment to Washington County in the amount of $498,866.35 per the attached invoice and per section G.2 of Cooperative Agreement No. 9660 with Washington County for the Downtown Phase 1 Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve payment to Washington County in the amount qf $498,866.35 per the attached invoice and per section G.2 of Cooperative Agreement No. 9660 with Washington County for the Downtown Phase 1 linprovements." ATTACHMENT(S): . Washington County Invoice No. 82378 and supporting detail. -- page 3 -- WACO PUBLIC WORKS DEPT 11660 MYERON RD N STILLWATER MN 55082 To: LAKE ELMO CITY 3800 LAVERNE AVE N LAKE ELMO MN 55042-9629 Please return topyortion with payment. Thank You. 12/9/15 82378 Invoice 1/15/16 1/15/16 1/15/16 .• 1/15/16 Invoice Number: Account Number: Due Date Amount Enclosed: $ Federal Tax 1d:41-6005919 CSAH 17 (Lake Elmo Avenue) Phase 1 invoice for Initial 10% of estimated Project Cost 1/15/16 ***************************** 1/15/16 Due Dale: January 15, 2016 1/15/16 1/15/16 City/County Cooperative 1/15/16 Agreement No. 9660 1/15/16 1/15/16 41411703,525020.CITY **** ?I! **** ****** ************** I declare under the penalties of law that this account claim or demand, is just and correct and no part of it has been paid. Please make check payable to Washington County and mail to the address above. **************************** 82378 20498 1/15/16 S498,866.35 Invoice Total $498,866.35 Sales Tax • 4,4-1! z %USA $498,866.35 PHASE!. COST SUMMARY FOR INVOICE 01. OITY/COLINTY AGREEMENT #9660 Estimated Total Current Cost (from Coop Estimated Total Agree) Cost Right,ol-Way and Easements Upper 33rd St. N, 361h 5t. N. and Laverne Avenue Regional Drainage Pond Engineering Preliminary Design Final Design Construction Inspection/Administration Construction Current Estimated Amount Due City Cost % City Cost Initia110% 1/15/16 I $ 80,693.00 $ 89,452.10 100% $ 89,452,10 I $ 434,074.00 I $ 427,406.65 50% $ 213,703.33 10% $ _ 8,945.21 10% $ 21,370,33 131,600.00 $ 131,600.00 91.2% $ 120,019,20 10% $ 12,001.92 5 233,460.00 5 233,460.00 91.2%1 $ 212,915.52 MI $ 21,291,55 $ 295,200.00 $ 323,060.0 91.2% $ 294,630.72 10%1 5 29,4E3.07 4,449,499.00 $ 4,449,498.52 91.2% $ 4,057,942.05 10% $ 405,794.27 TOTAL I $ 5,624,626.00 $ 5,654,477.27 j $ 4,988,663,52 $ 498,866.35 Right of Way Costs Lake Elmo Avenue (CSAH 17); 30th St, N.; Upper 33rd St. N.; 36th St. N.; Laverne Ave. Date Range 10/14114- 1217/15 PHASE I Date Payee 10/14/2014 LAND TITLE INC 1/20/2015 MARDELL PARTNERS INC 2/28/2016 MARDELL PARTNERS INC 10/2015 Ct1ARDELL PARTNERS INC 4/13/2015 LENZMEIER REHAK 4/13/2015 ALBRECHT 4/13/2015 BJORKMAN 4/16/2015 MOHAR 4/22/2015 JOHNSON 4/22/2015 LAKE ELMO CREAMERY 4/30/2015 ( BEUTEL 5/13/2015 CHRIST LUTHERAN CHURCH 5/13/2015 CHRIST LUTHERAN CHURCH 5/13/2015 RDWAGS 5/13/2015 WASH CTY RECORDER 6/8/2015JPELTIER 6110/2015)SQUADRITO 6112J2015}RDWAGS 611212015) WASH CTY RECORDER 6f24/2015,1M0HAR 6/30/2015'MOHAR REIMBURSEMENT BJ3012015 SEVEN COUNTIES PROCESS 7123/2015) ALBRECHT 8/17/20/51SCHILTGEN 8/24/2015)WASH CTY RECORDER 8124/2015)JRSC LLC 8/3112015 WASH CTY RECORDER Explanation TITLE WORK ($14,700 FOR PHASE 2) APPRAISALS APPRAISALS APPRAISALS EASEMENT I EASEMENT EASEMENT EASEMENT EASEMENT (CONVERT EXISTING RD) EASEMENT EASEMENT EASEMENT EASEMENT EASEMENT ROWAGS RECORDING FEES .EASEMENT EASEMENT ACQUISITION ROWAGS RECORDING FEES .EASEMENT EASEMENT (MOHAR PARCEL (TREE REMOVAL (POND ACQUISITION JRSC PARCEL EASEMENT ROWAGS RECORDING FEES Total A 5 $ $ 5 $ 5 TOTAL $ punt 2,100.00 8,650.00 14,700.00 3,400.00 2,050.00 $2,050.00 4 50, 00 $450.00 2,900.00 52,900.00 2,900.00 $2,900.00', 9,500.00 59,500.00] 800.00 $800.00', 2,700.00 $2,700.00� 10,4 50.00 1 510,450.00 4,800.00 54,800,00 6,100.00 $6,100.00 25.13 525,13 5,950.00 $5,950.00 425,00 $425.00 2,536.00 $2,536.00 13.37 513,371 9,400.00 $9,400,001 (2,900.00)-52,900.001 55.00 $55„00) 1,000.00 51,000,00 423,500.00 20.97 $20.97 4,840.00 $4,840.00 (13.37) -$13.37 516,352.10 j $69,452.10 Upper 33rd St. N; 36ih t. N; Laverne City Cost County Participation 100% Participation 0% $2,100,00 $0.00 $8,650.00 $0.00 514,700.00 50.00 $0.00 $ 0, 00 $0.00 $0.00 $0.06 50.00 $0.00 $0.00 50.00 $0.001 $0.00 $0.00 50,001 $0.00 50.00 - $0.00 $0.00 50.00' $0.00 $0.001 50.00, $0.00 Regional Drainage Pond City Participation County 50% Participation 50% $1, 700.00 $211,750.001 $213,450.00 51,700.00 $211,750.00 $213,450.00 Ti II CITY NKE ELMO AYOR & COUNCIL CO UNICATION DATE: February 2, 2016 CONSENT ITEM # 7 AGENDA ITEM: Driveway Encroachment & Maintenance Agreement SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Clark Schroeder, City Administrator REVIEWED BY: Stephen Wensman, City Planner SUGGESTED ORDER OF BUSINESS (if removed from consent agendal: - I ntroduction of Item ........ ...........................„..... ..... .......... Sta ff Report/Presentation.... ..... .............................................. ........ ............Staff - Questions from Council to Staff... ................. ......................... Mayor Facilitates - Call or Motion ........ ........... .......... Mayor & City Council Discussion ........ ........ ......... ....... . ............ ...... ................ Mayor & City Council - Action on Motion.............. ........... ...... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the Driveway Encroachment and Maintenance agreement for Jeerasak Poophakumanart at PID #24.029.21.13.0004. FISCAL IMPACT: None SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of a driveway encroachment and maintenance agreement. The City has received a request to install a driveway within an unimproved portion of the public right-of-way owned by the City. Homeowner and City intend that Homeowner shall be responsible for maintaining, repairing and replacing the Private Driveway. Staff is reC0111111ellding that the City Council approve the driveway encroachment and maintenance agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the fiXowing motion: -- page City Council Meeting [Consent Agenda het February 2, 2016 "Move to approve the driveway encroachment and maintenance agreement.for Jeerasak Poophakumpanart to install a driveway within an unimproved portion of the public right-of- way owned by the City." LEGISLATIVE HISTORY: The Driveway Encroachment and Maintenance Agreement that has been submitted for Council consideration is for a driveway and has been reviewed by planning and engineering staff. The proposed driveway meets all city code requirements and Staff would have otherwise authorized construction of the driveway if it did not encroach into the unimproved portion of the public right-of-way owned by the City. BACKGROUND INFORMATION (SWOT): Strengths: The Driveway encroachment and maintenance agreement is a legal document that all property owners seeking to install driveways within unimproved portions of public right-of-way owned by the City are required to sign. The document, atnong other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. Weaknesses: None Opportunities: None Threats: None RECOMMENDATION: Based 071 the o ientioned, Staffis recommending that the City Council approve the driveway el1CMCW17117ela and maintenance agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the f011owing motion: "Move to approve the driveway encroachment and maintenance agreement.for Jeerasak Poophakumpanart to install a driveway within an unimproved portion of the public right-of- way owned by the City. -- page 2 -- Washi. 'Lon Coun 3; ea= _ - - • Parcel ID: 2402921130004 Parcel Address: CITY OF LAKE ELMO Created on 11/30/2015 0 480 960 It till 1,920 Feet MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT This drawing is the result of the compilation and reproduction of land records as they appear in various Washington County offices, The drawing should be used for reference purposes only, Was hin gtv n County is not responsible for a ny inaccu racies, Return to: David K. Snyder Johnson / Tumer Legal 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 DRIVEWAY ENCROACHMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of , 2015, by and between the City of Lake Elmo, a Minnesota municipality (hereinafter "City"), and [married / an individual] (hereinafter "Owner"), and their successors in title. WHEREAS, the City has public road right-of-way known as " " dividing the property as legally described on "Exhibit A" hereto; and, WHEREAS, Owner is the owner of property identified on "Exhibit B" hereto and is desirous of constructing a driveway ("The Improvements") within the right-of-way; and, WHEREAS, the permission granted herein is limited to The Improvements proposed within the right-of-way. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its right-of-way area as set forth herein and subject to the conditions set forth below: Owner and their successors in title may install and maintain The Improvements in the configuration directed by the City and in accordance herewith. 2. Owner must notify the City at least forty-eight (48) hours before construction, repair and/or maintenance work commences within the right-of-way. No such work shall take place without the City staff being given the opportunity to be present at the site. Further, if the City determines in its reasonable estimation that any proposed work may potentially cause an unsafe condition or damage or impair the City's right-of-way area, the City shall have the authority to prevent such work from being done by giving notice to Owner; notwithstanding the foregoing, in the event of an emergency situation and/or the existence of an unsafe condition of Owner's land, the prescribed forty-eight (48) hour notice requirement shall be waived by the City. However, in the event of such situation, said waiver shall not relieve Owner from his obligation to notify the City in a timely and practical manner. The City shall have no obligation to no Owner of its intent to do work. 3 To the fullest extent permitted by law, Owner, their successors and assigns agree to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of The Improvements permitted hereunder, regardless of whether such harm is to Owner, the City, the employees or officers of either or any other person or entity, except Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence or intentional acts of the indemnified parties. 4. The private driveway shall be the sole and exclusive property and responsibility of Owner and shall not be a public driveway whether or not the private driveway is located within the public right-of-way. 5. Owner shall, at its sole cost, maintain, repair and replace the private driveway as needed, and agrees to indemnify, defend and hold the City harmless from any claims, actions, demands, or liability, including attorneys' fees, arising out of or relating to the Private Driveway. 6. The permission granted herein is limited exclusively to the proposed Improvements within the City's right-of-way. Owner shall not alter the grade, perform any other site disturbing activities, or permit such alteration anywhere upon the land upon which the City has reserved its right-of-way without proper express written consent of the City. Owner shall construct and maintain The Improvements in compliance with all applicable laws and in good repair. 7. Owner shall, at all times, use their best efforts to conduct all of his activities on said right-of-way area in such a manner as to not interfere with or impede the operation of the City's right-of-way and related activities in any manner whatsoever, and shall remove The Improvements at no cost to the City when directed by the City. The work shall be done and The Improvements maintained in conformance with the direction of the City. The right to install The Improvements shall be on a non-exclusive basis and subject to placement of other and different improvements as directed by the City. 8 This Agreement shall be governed in all respects by Minnesota law. 9. This Agreement shall be recorded as to the Property in the office of the County Recorder or Registrar of Titles in and for Washington County, Minnesota. TN WITNESS WHEREOF the parties hereto execute this Agreement the day and year first above -written. CITY OF LAKE ELMO By By Mike Pearson, Mayor Julie Johnson, City Clerk STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 2015, before me, a Notary Public, personally appeared Mike Pearson, Mayor of the City of Lake Elmo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said instrument to be the free act and deed of said City of Lake Elmo. STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON NotaryPublic On this day of , 2015, before me, a Notary Public, personally appeared Julie Johnson, Clerk of the City of Lake Elmo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said instrument to be the free act and deed of said City of Lake Elmo. Notary Public 4 By [insert name By [insert name STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON OWNER On this day of , 2015, before me, a Notary Public, personally appeared and , married, who signed the forcgoing instrument and acknowledged said instrument to be their free act and deed. Notary Public THIS INSTRUMENT DRAFTED BY: David K, Snyder Johnson / Turner Legal 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 651-464-7292 EXHIBIT A EXHIBIT B 2 THE CITY OF LAKE ELN 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO UNICATION DATE: February 2, 2016 CONSENT ITEM 8 MOTION Department of Building Safety Summary Report. Rick Chase, Building Official Rick Chase, Building Official Clark Schroeder, Interim City Administrator SUGGEST pD ORDER OF BUSINESS: - Introduction of City Adininistrator - „ _ . ......City Administrator Questions from Council to Mayor Facilitates - Call tOr Motion ........ ..... ..... Mayor & City Council - Diseussion........... ...... ..... Mayor & City Council - Action on Motion .......... Mayor Facilitates POLICY RECCOMENDER: As part of the Consent Agenda, the City Council is asked to accept the monthly Department of Building Safety summary report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. FISCAL IMPACT: Minimal staff time in preparing report. SUMMARY AND ACTION REQUESTED: The purpose of this report is to provide additional data points related to construction activity in Lake Elmo. BACKGROUND INFORMATION (SWOT): Strengths Weaknesses Opportunities Threats Overall improvement in reporting. NA NA NA RECOMMENDATION: Based on the aforementioned, the staff recommends accepting the Department of Building Safety summary report. -- page 1 -- 2016 Department of Building Safety Summary Inspections -Plan Reviews -Permits January 1 through Jan 27 2016 Building Official Inspections 75 Plan Reviews Permits Inspections Plan Reviews Permits Inspections Plan Reviews Permits nspections Plan Reviews Permits Inspections Plan Reviews Permits Inspections 1Plan Reviews Permits Building Official Building Official Building Official Building Official Building Official January Building Contract Inspector Inspector Total 198 273 10 10 591 591 March Building Contract Inspector Inspector Total 0 0 0 May Building Contract Inspector Inspector Total 0 0 0 July Building Contract Inspector Inspector Total 0 0 01 September Building Contract Inspector Inspector November Building Contract Inspector Inspector Total Inspections Plan Reviews Permits Inspections Plan Reviews Permits Inspections Plan Reviews Permits Inspections Plan Reviews Permits Inspections Plan Reviews Permits 0 Inspections 0 Plan Reviews 0 Permits 2016 Total year to date Building Building Contract Official inapector Inspector Total Inspections 75 198 0 273 Plan Reviews 10 10 Permits 59 59 Building Official Building Official Building Official Building Official Building Official February Building Contract Inspector Inspector Total 0 0 April Building Contract nspector Inspector Total 0 0 0 June Building Contract Inspector Inspector Total August Building Contract Inspector Inspector Total October Building Contract Inspector Inspector Total December Building Building Contract Official Inspector Inspector Total Pease note on!y plan review5 that are paid are included in the reporting, there are a number in process or ready for pick-up. 0 0 0 0 0 0 01 CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION Clarification of Employment Status of Council member Clark Sclu-oeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: 2/2/16 9 Introduction of Item ..... . ..... ........ ........ Staff ...... ..... ............ ....... Staff Questions from Council to Staff ........... ........ ....„.... ...... Mayor Facilitates Public Input, if Appropriate ...... ..... ...Mayor Facilitates Call for Motion ...... ..... . ..... ........... .......... ..... Mayor & City Council Discussion__ ..... ..... ...... . ........ . ............. ....Mayor & City Council Action on Motion.... ..... ............... ....... Mayor Facilitates PUBLIC POLICY STATEMENT: Policy alignment of insurance liability coverage and handbook for City Council members. BACKGROUND AND STAFF REPORT: The Lake Elmo handbook states that the policies and procedures do not apply to sitting City Council Members. Our liability coverages states that the employees and council members are treated as employees. In order to reconcile these differences council should clarify the employment status of council members and treat council members as employees. This would also clarify that council members would be consider employees for the purposes of Minnesota Statue 13, Govermnent data practices. hans://www.rev iso r. lun.gov/st atut es/?id= 1 3 Approving this motion will direct staff to update the handbook to reflect the above direction. RECOMMENDATION: Motion: "For the purposes of Minnesota Statues Chapter 13 and insurance liability coverage, City Council Members should be treated as employees of the city" MAYOR AND COUNCIL COMMUNICATION DATE: 2'2'16 REGULAR ITEM #: to MOTION Easton Village Park Plan Clark Schroeder Parks Commission Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction ofItem ....... ---........ --- ........................... ..................... --- ..... --S|x(T Report/ Prcncutatioil ..... -----....................... .... ....... --- .............. —..... —.—'Smff Questions from Council to B/u0[—................... ---- ........ ------Mayor Facilitates Public {uput,i[ Appropriate... --- ............. —............. —... ................ Mayor Facilitates - Call for Motion .... ....... ....... ---- ....... ........ ...... —................... Mayor & City Council Discussion ....... —.... ...... ........ ...... ..... ...... —..... ................ Mayor & City Council Action oil Motion— ... ....... -----........ ........ --- .... ....... ---- ... Mayor Facilitates PUBLIC POLICY STATEMENT NO POLICY BEING SET SUMMARY AND ACTION RE, OUESTED: Staff is requesting the city council to approve a plan for a city park which is located in Easton Villa , develnpocnL 9mrboSeSWould a6U need ioCoo CW couocii ihis is only approval o{wbo, the city is looking mputting inthis city owned park. BACKGROUND AND STAFF REPORT: Easton Village is u Jevc)opmen[eom of the old village bordering along Manning /\venoeucrossDnmthe airport. This development will entail 2i7Single family dwellings being built out over the next few years. Tile developer's xurecment xm(rx the foUowin� re�ord����ack�ud dedication. (s�cxt�uo�cdd�vclopco agreement) 19.PARK DEDICATION. The Developer shall be required todedicate 9.84 acres of land for public park purposes for the entire subdivision. The Easton Village Final Plat includes the dedication of3.99 acres of land, which represents 40.5% of the overall total land dedication required. Future project phases shall either include dedication of the remaining 5.85 acres of park land or cash payment in lieu of land In addition the agreement states this: O. The City and Developer agree to prepare a plan for improvements to the Outlot D park area by December 15, 2015 with installation of said improvements to be completed by June 30, 2016. The Parks Commission has recommended a three phase build out based on the number of homes built. Their recommendation is 1/3 of the amenities be installed after 72 homes, 2/3 after 144 homes and 100% after all the homes are built. The attached plan and cost estimates give an estimation of the costs associated with this city park and the three phases of buildout. Because of the expense of each phase, the city would have to solicit bids for the amenities. The plans, and estimates before you today are to just set a plan in place to affirm that the city has intention of putting amenities into our park and approximately what they would be. We would need to send out a RFP for each phase and compare cost estimates per the cities purchasing policy. The opinion of the Administrator is that since the city council said they would put in amenities by June 30th 2016, we should put in the first phase of our park amenities this summer before 72 homes are completed. The additional attachment details the playset to home ratio for playground in current city parks. Please note, that other amenities such as shelter, Basketball courts, ball fields, trail, are not part of the cost listed on the sheet. When compared to other developments within the city, the total of all three phases in well within what we have done for other city parks with amenities on a per home basis. RECOMMENDATION: I offer you two motions for consideration. Motion One: Move to direct staff of solicit bids for phase one to be installed after 72 homes have been completed. Motion two: Move to direct staff to solicit bids for phase one to be installed the summer of 2016. ATTACHM ENT(S): Easton Village .Development agreement Easton Village outlot D Easton village illustrative site plan 2-20-1 5 Easton phase 1 quote Easton Phase 2 quote Easton Phase $ quote Lake E11710 Easton Pillage park plan layout Lake Elmo- Easton Village rubber mulch (resen,edfo,rec*ding rofw*am VEU OP ENT CONTRACT (Public sewer and water) Easton Village AGREGN1ENTdated /\U8U�/ � .2015. byand between the CITY OFLAKE � ELK0O a Minnesota municipal corporation ("City"), and Chase Development . Inc (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Easton Village (referred to in this Contract as the "plat"). The land in situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A attached hereto: 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by -it, and record the plat with 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 or land ioboplatted, the Developer may not grade orotherwise disturb the earth, remove tneea, construct sewer lines, water lines, otreots, ud|hims, public or private improvernentn, orany buildings until all the following conditions have been satisfied: 1)this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received bythe City, 3) the plat and required homeowner's association dooumentohave been recorded with the Washington County Recorder's Offioo. and 4) the City's Community Development Director has issued oletter that all conditions have been sabnfied, a preoonstrun<kan conference has been he|d, and that the Developer may proceed. 4. PHASED DEVELOPMENT. This 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 Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Perk charges and area charges for sewer and water referred to in this Contract are not being imposed on ouUots. J­fany. in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 6. PRELIMINARY PLAT STATUS. The plat is a phase of multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and b/ooka, notoudots. within five(5) years after preliminary plat approval. G. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Cnntrecf, no amendments hothe City's Comprehensive Plan or official controls shall apply to or affect the residential use. development density, lot size, lot layout ordedications of the approved final plat unless required by state or federal /avv o/ agreed to in writing by the City and the Developer. Theneafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state |am( the City may require compliance with any amendments tothe City'a Comprehensive P|an, official oontno|o, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer's sole expense. The plans shall not be attached to this Contract, If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A— Final Plat Plan B—Final Grading, Drainage, and Erosion Control Plans Plan C — Final Sanitary Sewer, Water Main, Storm Sewer, and Street Plans Plan D—Final Landscape and Tree Preservation Plan P|anE—EasternVlUageTrunkSewerLine IMPROVEMENTS. The Developer shall install and pay for the following: A� Streets B. Sanitary Sewer C. VVobannain O. Surface Water Facilities (pipe. ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G� Street Lighting H� Underground Utilities i Street Signs and Traffic Control Signs J. Landscaping and Street Trees K. Tree Preservation and Reforestation L Wetland Mitigation and Buffers M. Monuments Required byMinnesota Statutes The improvements shall be installed in accordance with the {]h/ subdivision ordinance and the Cit/s Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by competent registered professional engineer to the City for approval by the City Engineer, The Developer shall instruct its engineer to provide adequate field inspection personnel to assure on acceptable level of quality control to the extent that the Developer's engineer will be ob|o to certify that the construction work meets the approved City standards an a condition of City acceptance. In addition, the City may, at the Chy's discretion and at the Developer's expense, have one or more City inspectors and o soil engineer inspect the work on o full or part-time basis. The Developer's engineer ohoU provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule o pre -construction meeting atamutually agreeable time at the City Hall with all parties concerned, including the City staff, 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 ogneoe to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and spooiOoehono and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the []hy Engineer as provided in the specifications. 8. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION {}E]8ER\/AT|C)N. Prior to the commencement of any construction activity authorized under this agreement, the Developer nhoU submit an escrow for City Engineering Administration and Construction (Jbnemobun in an amount provided under paragraph 36. Summary of Cosh Requirements (City Engineering Administration Escrow). The escrow account will be used to reimburse the City for all engineering administration and construction observation performed during the construction of the improvements until the escrow has been reduced to half ofits original omounL Thereafter. the Developer shall reimburse the City each month, within 30 days nfreceiving aninvoice, for all engineering administration and construction observation performed during the construction of the improvements (at normal City rates for such services) and will maintain the account at half of the original balance. If Developer fails to pay the invoiced amount within such 30'day pehnd, and soch failure continues for an additional five (5) business days after written notice from the City of such failure, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in accordance with this Section City engineering administration will include monitoring of construction progress and construction obson/ation, consultation with Developer and his engineer on status or problems regarding the project, coordination for hsshng, final inspection and 4 acceptance, project monitoring during the warranty period, and processing of requests for nsdunhVn in security, Construction observation may be performed by the Cih/s in-house staff orconsulting engineer. Construction observation shall include, at the discretion of the Citv, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis at normal City rates therefor. The direction and n:vovv provided through the inspection of the improvements should not be considered n substitute for the Developer required management of the development. 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 |na(e}|ed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer atsuch times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City'o governmental euthohty, and no agency or joint venture relationship between the City and Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees. and City Planning Commission membero, and corpornUons, partneruhipx, and other entities in which such individuals have greater than a 2596 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. Riqht-of-WaYExcavations and Obstructions: ^ City ofLake Bmo, Right -of -Way Utility Installation(s) ~ City ofLake Elmo, Right -of -Way Obstruction(s) ~ Washington County. Uh|kv Installations(s) ~ Washington County, Street orDriveway Acceas(o) ~ Minnesota Department of Transportation, Utility Installation ~ Minnesota Department of Transportation, Right -of -Way Permit B. VVatennainExtemsionn: ^ Minnesota Department ofHealth C. Sanitan/Sewer Extensions: ` Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. 8tormwaherManagement 5 . Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: ^ Minnesota Pollution Control Agency, General NPOES 3h:rmwoterPcnnit ^ SVVPPP(StormwaterPollution Prevention Plan) F. WedandM0goUon� . Board of Water and Soil Resources, WCA G. ConstrucdonDewotehno[ . Minnesota Department of Natural Resources 12. TIME OFPERFORMANCE. The Developer shall install all required public improvements by June 30. 2018.with the exception of the final wear course of asphalt on streets, The Developer shall have the option of installing the wearing course ofstreets within one (1) year following initial commencement of work on the required basin improvements or installing it after the first course has weathered o winter oeason, consistent with warranty requinaments, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is gran0ad, 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 CiLy, its ogents, amp|uyeeo, nfOoem and contractors alicense toenter the plat boperform all work and inspections deemed appropriate bythe City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via the planned construction access off ofManning Avenue. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The []Ly 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 their representatives are required to supervise 6 and coordinate all construction activities for all improvements and must notify the City in writing stating when the mm/k is ready for the inspection at each of the measurable points defined in the following paragraphs 18.. 17. and 18. For the purpose of this paragraph. Electronic message (email) shall be deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement". 16. EROSION CONTROL. Prior to initiating she gnading. the erosion control plan, Plan B. shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the p|et, with all watershed district permits and with Minnesota Pollution Control Agency's Beat Management Practices. The City may impose additional erosion control requirements as deemed necessary, The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed aotion, but failure of the City to do so will not affect the Developer's and Chy'a 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 developnnent, utility urstreet construction will be allowed and no building permits will be issued unless the plat is in fo|| compliance with the approved erosion control plan, If building permits are issued prior to the acceptance of public improvementn, 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 ebova. Erosion control plans for individual lots will be required in accordance with the City'u building permit requivements, or as required bythe City orCity 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 Engineering Design and Construction Standards Manual, All grading shall be completed within the Subdivision prior to the 7 preparation and submittal ofthe as -constructed grading plan. Within Uhhiv (30) days after completion of the grading. the Developer shall provide the City with a ^rccord''grading plan certified by a registered land surveyor orengineer that all trails, ponds, swo|eo, and ditches have been constructed on public easements or |mod owned bythe City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds: b) location and elevations along all swa|en, emergency overf|owo, wadands, wetland mitigation areas if any, ditches. locations and dimensions ofborrow anaas/stockpi|es; o) lot corner elevations and house pads; and d) {op and bottom of retaining walls. The City will not issue any building permKu, with the exception of the model homes described in Section 26(4). until the approved certified record grading plan is onfile with the City, 18. STREET AND UTILITY |K0PR[)\/EK0ENT8. All storm eewero, sanitary oowers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "O"The plan shall conform to the City's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous stnaeto, sidewa|ka, the boulevards gnaded, street signs instoUed, and all restoration work on the site shall be completed in accordance with the approved plans, {]nma the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items mu,tbe completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course may be installed in accordance with paragraph 12.above. 19. STREET MAINTENANCE DUR|yJ{S CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City inwriting. 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 impaosmb|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 totraffic and emergency vehicles, The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spiU, tronh, or wash onto the street from Developer's operation, The Developer may request. in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets, The City nhoU 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 the development. At a minimurn, scraping and sweeping shall take place on a weekly basie.A copy of this contract shall be approved by the City before grading in started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. [)WyVEFlSH|P OF IMPROVEMENTS. Upon completion of the work and construction required by this Contmct, the improvements lying within public easements oheU become City property, Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" p(ana, an electronic fi|o of the ''record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: Developer/Developer Engineer's Certificate ' Land Surveyor's Certificate certifying that @U construction has been completed in accordance with the hanns of this Contract. All necessary forms will be furnished by the City. Upon receipt of "record plans" and affkJevits, and upon review and verification by the City Engineer. the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer shall be required to dedicate 0.84 acres of land for public pork purposes for the entire subdivision. The Easton Village Final P|e( includes the dedication of 3.99 acres of |and, which represents 40.5% of the overall total land dedication required. Future project phases shall either include dedication of the remaining 5.85 acres of park land or a cash payment in lieu ofland dedication consistent with the Lake Elmo Subdivision Ordinance. 9 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC ANDWAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges MAC) with respect to the Improvements required by the City and any state ormetropolitan government agency, The sewer availability charge (SAC) /n the amount of $5.000.00 per REU shall be paid by the Developer prior tothe City recording the final plat, The total amount to be paid by the Developer is $213.000,00, The water availability charge (VVAC) in the amount of $3.000.00 per REU shall be paid by the Developer prior tothe City recording the final plat, The total amount to be paid by the Developer is $213.000.00� In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met Council sewer availability charge in the current amount o/ $2.485.00 per REU, and a water connection charge in the current amount o/$1.0OO.00 per REU will be collected bythe City atthe time the building permit is issued for each lot. These amounts are charged at the time mfbuilding permit inaccordance with the latest city fee schedule, which may be more or less than the amount specified herein. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part nfthe public street improvements, and the installation costs shall be included in the street construction oo|ou|oUona. 24. STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street lighting plan approved by the City. The Developer shall coordinate the installation ofstreet lights with Kce( Energy in conjunction with the other improvements, and agrees to pay Xoe| Energy for all upfront costs associated with the street lighting nyntem, including underground cables, posts, lamps, ballasts, starters, photocells, and glassware, All street lights will beleased bythe City upon final acceptance of the system. The Developer ohoU also pay $74952 in payment for the first year operating costs for street lights. 10 28. WETLAND ;N|lIC3AT|(]N. The Developer shall complete any required wetland mitig ation/resto ration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If any required mitigation work is found to be incomplete or restoration in unsuccessful, and ifDeveloper fails to remedy such default within fifteen (15) days after written notice from the City (provided, hmmever, that in the event of a bona fide emergency. the City shall only be required to give such notice as is practicable under the circumstances), the City may draw down the security at any time during the warranty period if the Developer fails iotake corrective measures to be used bythe City (operform the work. ZG. E]UILD|@(3 PERMITS/CERTIFICATES OF OCCUPANCY. A, Public sewer and water, curbing, and one |Ut ofasphalt shall be installed on all public and private streets prior to issuance of any building pennite, except five(5) model homes on lots acceptable tothe Community Development Director. B. Prior to issuance of building pormito, wetland buffer monuments shall be placed in accordance with the City'o zoning ordinance, The monument design shall be approved by the Community Development Department. C. Written certification of the as -constructed grading must benn 0e at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Deve|oper, including nonpayment of billings from the Qty, shall be grounds for denial of building permits and/or withholding of other perwity, inspection or actions, including lots sold to third partieo, and the halting of all work in the plat. E If building permits are issued prior to the acceptance ofpublic improvements, the Developer assumes all liability and costs resulting in delays in completion ofpublic improvements and damage to public improvements caused by the City. Oeve|oper, their controctors, subcontractors, materia|men.employees, agents, orthird parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with o bituminous surface and the utilities are tested and approved by the City I Engineer. G, The City will not issue n certificate ofoccupancy for any building constructed on any lot orparcel in the Plat, including any model homes authorized under this agreement, until Public sewer and water, ourbinQ, and one lift nfasphalt ia installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must bemnfile atthe City for the block where the building is to be located. 27' RESPONSIBILITY FOR COSTS. A. |nthe event that the City receives claims from labor, metcha|men, orothers that work required by this Contract has been performed, the sums due them have not been paid, and the |abonars, moteho|men, or others are seeking payment from the CUy, and in the further event that such claims have not been resolved by Developer within thirty (30) days after written notice from the City. the Developer hereby authorizes the City to commence an |nherp|oader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall na|eaye, dinohargu, and dismiss the City from any further proceedings as it pertains to the letters nfcredit deposited with the District Court, except that the Court shall retain jurisdiction hodetermine payment ofattorneys' fees pursuant tothis Contract, B� Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the p|et, including but not limited to legal, p|anning, engineering and inspection expenses incurred in connection with approval and acceptance of the p|at, the preparation of this Contnaot, review of construction plans and ducuments, and all costs and expenses incurred by the City in monitoring and inspecting development of the p|at, all at normal City rates therefor, All amounts incurred and due ot the time, must befully paid prior toexecution and release ofthe final plat for C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat 12 approval and development, The Developer shall indemnify the City and its officers, emp|oyees, and agents for all conts, domages, or expenses which the City may pay or incur in consequence of such daima, including attorneys' fees. Notwithstanding anything to the contrary. Developer's obligation to indemnifv, hold harmless and defend the City shall not extend to any claim, liability, loss, costs, damages or expenses, including attorney's fees, which relate to, result from or are caused by the Qb/'s violation of applicable |ow. this Agreement or the negligence of the City and/or its officers, employees, consultants or agents. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contnact, including reasonable engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt, Bills not paid within thirty (30) days uhnU be assessed o late fee per the City ofLake Elmo adopted Fee Schedule, Upon naqum,t. the City will provide copies ofdetailed invoices Vfthe work performed. 28. CITY PAYMENTS, There are noCity payments for ovmrciz|ngdue to previous agreements with the Developer concerning the 3 91h Street Trunk Sewer Line project. 29. RAILROAD CROSSING IMPROVEMENTS: The Developer shall be required to pay for a portion of the costs to oaouna, build and install a public rail crossing at the location shown in Exhibit B to specifications required bythe City, the Minnesota Department ofTransportation, the Union Pacific Rail Road and any other regulatory agency having jurisdiction over the crooning and the track in accordance with the specifications of the City ofLake Elmo, The Developer's portion ofthese costs shall he calculated based on the percentage of the overall number of Residential Equivalency Connection (REC) units planned for developments that will directly access the Village Parkway minor collector road between State Highway 5 and 30m Street divided by the estimated overall project costs. The City will request that all future development projects nonneohngdirec1|ytoViUogeParkvvayconthbutetowanjssoidcrosning improvement. The Developer shall provide all property in fee and/or easements as required by the City necessary (oestablish the railroad crossing, The Developer agrees tosubmit ocash payment nf $83.000 to the City for its share of the railroad crossing improvements. & The amount of the cash payment was calculated as follows: $500.000 estimated 13 project costs multiplied by 12.6% = $63,001 B. The calculation for future railroad crossing costs has been determined as follows: Parce||D(n) Percentage 13,02821.14�0002 38.8% 13.02921,42M01 13.029'21/41.0001 1IO28.21]1O001 13028.21410004 17.8% 13.0292144M02 13.029.21.12.0001 13O2921]4M02 13.029,21.24M01 13.496 Totals 100% Total Costs $193,000 $89,000 M2Y6 $151.000 $67,000 $500,000 C, If the construction amount of the railroad crossing installation exceeds $500,000, the additional cost shall be allocated proportionally to the parcels listed above upon consent of all property owners and the City, The City may participate inthe additional costs ofconstruction ofthe railroad crossing ifitiudeemed tobenecessary anamatter ofpublic safety. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the January 22.2O15. February 5, 2015, and February 10, 2015 Engineering review memorandums concerning the Easton Village Final Plat, B. Before the City executes the final plat, the Developer shall convey OuUotsA.B. O. and 8 (and any required trail, aooeaa, or drainage and utility easements ovorOuUots E and F) to the City bywarranty deed, free and clear ofany and all encumbrances, C� Railroad Crossing Improvements, The Developer shall enter into onescrow agreement with the City satisfactory to the City Attorney concerning acquisition of and the payment of costs associated with a new railroad crossing and the construction of related public improvements 14 serving the property and providing financial guarantees concerning the construction of said improvements, Developer shall provide all property infee and/or easements as required by the City necessary toestablish the railroad cromaing. O. The Developer shall hlnta|| temporary turnarounds on the northern end of Linden Avenue North and the termination point of32"«Street North until these roads are extended tothe north ospart ofafuture development phase, E. Temporary Manning Avenue Access Removal. Prior tothe Cihy'oacceptance ofthe streets, the developer shall submit a letter of credit or cash escrow to the City in the arnount of ($27,870) to guarantee the removal of the temporary access road connecting to Manning Avenue. This letter ofcredit or escrow may berenewed for future project phasooiftheroquiremsntsforremovaiofthaaocesnroedhave not been met prior tothe platting offuture project pheses. F Compliance with recommendations of the Metropolitan Airports Commission as documented in a letter dated December 8, 2014 from the Commission's Airport Planner. G. Disclosure of Information: The declarations for the Homeowner's Association shall include a disclosure statement in form and substance as attached as Exhibit B hereto regarding the Lake Elmo Airport, Access toManning Avenue, and Union Pacific Railroad rail line. K The Developer must obtain asign permit from the City prior toinstallation ofany permanent subdivision identification signs, |, The Developer shall be responsible for the construction of all improvements within the Manning Avenue (CSAH 15) right-of-way as required by Washington County and further described in the review letter received from the County dated June 24.2O14. |. The Developer shall observe all other County requirements as specified in the Washington County review letter dated June 24.2O14. J, The Developer shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside ofland dedicated as public park and open space onthe final plat. 15 K� Any land under which public trails are located will be accepted as park land provided the Developer constructs said trails within the dedicated areas as port of the public improvements for the subdivision and easements are provided where required bythe City, O. The City and Developer agree to prepare a plan for improvements to tile Cutlot D park area by December 15, 2015 with installation of said improvements to be completed by June 30, 2016� 31. MISCELLANEOUS. A, The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one ormore lots, the entire plat, orany part ofit, B, Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechniva| engineer licensed by the State of Minnesota. Following onnntruudon, a certification signed by the design engineer shall be riled with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and npocificationo. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for o lot onwhich a retaining wall isrequired 10 be built, C� Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by the City AttVrney, nhoU be filed with the final plat. No third -party beneficiary status io hereby conferred. All out|otsand common areas, including OudotsA. C. and E shall be maintained in good order and repair by a homeowner's aynociation, and, diLdoes not do so, then the City may perform the work and assess tile costs against the individual lots within the plat of Easton Village and without regard to the formalities or requirements of Minn. Sta1, § 429, O� Developer shall bsho out and maintain or cause to be taken out and maintained until nix(8) months after the City has accepted the public improvements, public liability and property damage insurance covering personal irUury, including dmath, and claims for property damage which may arise out Vf Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall ba not less than $5OO.O0O for one person and $1.000.000 for each occurrence; limits for property damage shall be not |oso than 8200.000 for each occurrence; or e combination single limit policy of$1.00O.O0O or more. The City shall be named as an additional insured on the po|\ry, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the p|nL The certificate shall provide that the City must be given thirty (30) days advance written notice ofthe cancellation nfthe insurance. E, Third parties shall have norecourse against the City under this Contract, F, If any portion, nection, subeenUon, sentenne, o|ausa, p*raQraph, or phrase of this Contract is for any reason held inva|id, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not xonm0bdo o waiver or amendment hzthe provisions of this Contract. To be bi0ding, amendments or waivers shall be in writing, signed by the parties and approved by mxhh*n resolution of the City Council, The Cby'o failure to promptly take legal action to enforce this Contract shall not beawaiver nrrelease. H, This Contract shall run with the land and maybe recorded against the title tu the property. The Developer covenants with the Qty, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached heneha, 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 ofthe foregoing covenants. i Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now orhereafter arising, available to City. at law or/n equKy, orunder any other agreement, and each and every right, power and remedy herein set fnrhorotherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient bythe City and shall not be e waiver of the right to exercise at any time thereafter any other right,powerornamedy. 17 J. The Developer represents to the City that the plat complies with all city, county, mohopo|dan, obato. and federal laws and nsgu(ahona, including but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, atits option, refuse to allow construction ordevelopment work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 32. EVENTS OF DEFAULT. The following shall be "Events of Oefau|Y' under this Agreement and the term "Event of Oefau|y' shall maan, whenever it in used in this Agmement, any one or more of the following events: A. Subject to unavoidable debmu, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement and the continuance Of Such failure fora period of thirty (30) days afterwritten noticethereof (provided, however, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the njncumstancas). B. Failure by Developers to substantially observe or perform any material covenoot, condUinn, obligation oragreement on their part to be observed or performed under this Agreement and the continuance of such failure for a period of thirty (30) days after written notice thereof (provided, hovvever, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the circumstances), 33. REMEDIES ON DEFAULT. Whenever any Event of Default Occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more ofthe following: A, The City may suspend its performance under the Agreement until it receives assurances from Deve|opers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right nfthe City towithhold permits including, but not limited to, building permits. B� The City may initiate such action, including |egal or administrative achon, an is 13 necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, orimmediately draw on the Letter of Credit, nsset forth -in this Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City may undertake to dothe work and assess the costs to the individual lots within the plat without regard to the Konno|ides or requirements of Minn, GtaL §42S' 34. ENFORCEMENT BY CITY; QAK8/V3ES, The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or dumages. or both, orbyany other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages. |000en and expenses sustained bythe City; and that such expenses may inc|ude, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement, 35. WARRANTY. The Developer warrants all improvements required 1obeconstructed byb pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either a cash deposit or letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for maVahakS and workmanship for the uNhv 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 constnuction, including concrete curb and guUer, sidewalks and troiks, materials and equipment shall be subject to one (1) year from the date offinal written acceptance, unless the wearing course is placed during the name construction season as the bituminous base course, In those instances, the Developer shall guarantee all vvork, including street oonntruct)qn, concrete curb and guKar, sidewalks and tnaUn, material and equipment for a period of two (2) years from the date offinal written City acceptance ufthe work. C. The required warranty period for sod, trees. and landscaping is two growing seasons |v following 'installation. O, The required warranty for landscaping within storm water infiltration areas (Portions of OuUot B and OuUot F) shall be three (3) years following installation. The developer aheU also enter into o maintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping for within these storm water infiltration areas, Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination of weeds and invasive species. 36. SUN1DNAFlY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this egrenment, payment of special aosensmento, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with on irrevocable letter of uredi\, in the form attached haroto, from o hank, cash escrow or aoombination cash escrow and Letter of Credit (''seourity")for $3.G53.98S.The a/nounto[the security was calculated asfollows: CONSTRUCTION COSTS: Streets $528.489 Sanitary Sewer $283.960 VVatermoin $303.288 Surface Water Facilities (pipe, ponds, rain gardens, $585.943 etc] Grading $728.739 Erosion Control $88.678 Sidewalk s/Trails $88.777 Street Lighting Xce(to |nstoU, to be pre -paid directly by developer Street Signs and Traffic Control Signs $5.600 Landscaping $110.781 Tree Preservation and Restoration $184.435 Wetland Mitigation and Buffers Separate letter of credit through Watershed District Monuments $30.000 20 Miscellaneous Facilities N/A Developer's Record Drawings $6.500 Construction Sub -Total $2.825.191 Total Project Securities (at 125%Construction $3.653,889 Coats) This breakdown is for historical reference; it is not m restriction on the use of the security. The bank aho|| be subject to the approval of the City Administrator- The City may drew down the seouritv, without nndce, 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 domm, the proceeds shall boused tocure the default. 37. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations to the City have been satisfied, WithCity Engineer approval the security may bereduced anfollows: A. Up to 50%. or $1.826.995of the security provided in accordance with paragraph 36. above may be released when.- (1) Developer's obligations under this Agreement have been completed and the Public Improvements have been hound to be complete to the satisfaction of the City including all corrective work for any identified punch list items, but not including the final wear unurse� and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided bythe City inwriting and satisfactory evidence ofpayment, such oslien waivers are provided. B, Up to an additional 25%, or $ 913.497nf the security provided in accordance with paragraph 36. above may be released when: (1) Developer's obligations under this Agreement have been completed and the Improvements have been hound to be complete to the satisfaction of the City including all corrective work for any identified punch list items and including the final wear course; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such aslien wak/mrn, are provided, 21 C. Twenty parcant(25YQ of the amounts certified by the Developer's engineer shall he retained aosecurity undL (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations tothe City satisfied, (4)the required ''necord^plans have been received and approved by the City. (5) a warranty security is provided, and (S) the public improvements are accepted by the City. 38. SUMMARY OF CASH REQUIREMENTS. The following in 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) $213.000 Water Availability Charge (VVAC) 8213.000 Park Dedication N/A Railroad Crossing Improvement $63.080 Contribution Street Light Operating Fee $749.52 Village AUARFee $16.630 City Base Map Upgrading $1.100 City Engineering Administration $50.O0O(Based ontwo months of Escrow administration/observation) Total Cash Requirements $ 557,479.52 39. NOTICES. Required notices tothe Developer shall be in writing, and shall beeither hand delivered to the Oevekoper, its employees o, ogontu, or mailed to the Developer by certified mail at the following address: 214OWest County Roed42. BurnaviUe, MN. Notices tzthe City shall be in writing and shall be either hand delivered to the City Adrninistrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N, Lake Elmo, &1innesota55O42, 40. EVIDENCE OF TITLE. Developer shall furnish the City with evidence nfits fee ownership of the property being platted by way of an attorney's title opinion or title insurance policy dated not earlier than 22 thirty (30) days prior to the execution of the plat, (SEAL) CITY OF LAKE ELMO AND DEVELOPER: BY: 23 , Mayor , City Clerk STATE OF MINNESOTA ( ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this (D day of 2 0 , by M ( IC-e_. 0e0J-Se4n and by ,...T(1 Ve- 3 0 Ilin-SOn , 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. JOAN MARIE ZIERTMAN Notary Public -Minnesota y Commission Expires Jan 31, 2016 STATE OF MINNESOTA ) ( ss. COUNTY OF_ r\i-{P,^ ) The foregoing instrument was acknowledged before me this , 2 uld-- of Cv•---r 0 (I LARRY MGUNTN k. dzintrarf as se1AAAAAW,AAAAAA,,,,AAAA,M0"..ev.a'.,0....,, DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 2 4 day of by FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contnsnt, aff|nn and consent to the provisions thereof and agree to he bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of STATE [)FM|NNESOTA COUNTY OF by ) (ss� ) .2 The foregoing instrument was acknowledged before me this DRAFTED BY: City o[Lake Elmo 3OUVLaverne Avenue North Lake Elmo, MN 55042 NOTARY PUBLIC 25 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT 14-0 CIA-0 V dq. JA_ 4 , .• 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 012' day of J (- , 2 of C. STATE OF MINNESOTA (ss. COUNTY OF The foregoing foregoing instrument was acknowledged before me this day of 2 0)5 , by NICOLE L. HOVE NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JANUARY 31, 2017 v v v vvvvv v DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 s-03( LP-4,D NOTARY PUBLIC c.) 26 EXHIBIT «A' TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Easton Village All that part cf the Northeast Quarter ofthe Southeast Quarter and the Northwest Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter all being inSection 13. Township 28North, Range21 West, Washington County, Minnesota, lying south of the southerly right-of-way line of the Union Pacific Railroad, and further described as follows: Beginning atthe East Quarter Comer ofsaid Section 13;thence South Udegrees O2minutes 51 seconds East bearings based on the Washington County Coordinate System (NAO 83), along the east line of said Southeast Quarter of Section 13, a distance of 1321.17 feet to the southeast comer of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 32 minutes 18 seconds West along the south line of the North Half of said Southeast Quarter, a distance of 2637.64 feet to the southwest comer of said Northwest Quarter of the Southeast Quarter; thence North O degrees OU minutes 58 seconds East along the North and South Quarter Section line of said Section 13, a distance of 1387J0 feet to the southerly right-of-way line of the Union Pacific Railroad� thence North 72 degrees 32 minutes 48 seconds East along said southerly right- of-way|ine.ad|atanoaof681Sfeettothepuintnfin8arxocdonwi\ha|inebeingO0.OUfeoteasto[mo measured atright angles to, and parallel with said North and South Quarter Section line of said Section 10� thence South U degrees 00 minutes 58 seconds West along said parallel Une, a distance nf33O.00 haeg thence (at right angles) South 09degrees 5Sminutes O2seconds East, o distance of8UO.00feet thence (at right angles) North 0deQneea 00 minutes 58 seconds East, 424.41 feet to said southerly hght-of-wayline ofthe Union Pacific Rai|road-, thence North 72degrees 32minutes 48seconds East, along said southerly hghFuf-wayline of the Union Pacific Railroad, adistance of2378.8Ofeet tothe east line of said Southeast Quarter of the Northeast Quarter; thence South 0 degrees 02 minutes 53 seconds East along said east line, a distance of883.82 feat to the point of beginning. Excepting therefrom that part ofthe Northwest Quarter ofthe Southeast Quarter ofsaid Section 13'lying within the following described area: Commencing at the southwest comer of said Northwest Quarter ofthe Southeast Quarter; thence North along the west line ofsaid Southeast Quarter ofSection 13.mdistance of 240,00 feet to the point of beginning� thence continuing North along said west line of the Southeast Quarter, a distance ofO07.8Ofeet thence East at right angles a distance of 30.00 feet� thence southeasterly by a deflection angle to the right 46 degrees 28 minutes 00 seconds, a distance of 220,70 feet- thence southeasterly by a deflection angle to the left 20 degrees 35 minutes 00 seconds, a distance of 286.80 feet� thence south by a deflection angle to the right 64 degrees 07 minutes and parallel with said west line of the Southeast Quarter, adistance o/382J0feet thence West atright angle, odistance of440,DDfeet Lothe point of beginning, And Excepting from the first above described area, all that part lying Easterly ofaline GOiOOfeet West of, measured at right angle to and parallel with the center line of County State Aid Highway 15 described as fo||ows�Commencing atthe East Quarter comer ofsaid Section 13-thence South OOdegrees 51 minu0eo4S seconds East. bearing oriented kzthe Washington County CuordinetaSystem, South Zone, along the East line of said Section 13 to the southeast comer of said Section 13 and the beginning of the center line to be described; thence North OOdegrees 4Gminutes 51 seconds West adistance of357118feet thence North OO degrees 54 minutes 55 seconds West a distance of 1000.00 feet and said center line there terminating, except the Chicago and Northwestern Railroad right -Of -way, Washington County, Minnesota. 27 EXHIBIT "B" TO DEVELOPMENT CONTRACT Disclosure of Information — Easton Village Developer shall cause the following notice tobe given aspart cf the declarations for the Easton Village Homeowners Lake Elmo Airport. The Property is located near the Lake Elmo Airport, a public use airport owned and operated by the Metropolitan Airports Commission, The Airport is open 24 hours a day, year round. The Airport operates with a primary runway on a northwest/southeast orientation and a perpendicular crosswind runway on a northeast/southwest configuration. The primary role of the Lake Elmo Airport is to accommodate personal, recreational, and some business aviation users within Washington County and the eastern portion ofthe Twin Cities Metropolitan Area, The Airport accommodates aircraft operations from single and multi -engine propeller - driven aircraft; occasional corporate jet aircraft; helicopters; and pilot traininObd|itie5; all of which may affect the Property with overflights and aircraft noise during the day and atnight. The Airport operates lighting which may bevisible from the Property, The Long -Tenn Comprehensive Plan for the Lake Elmo Airport contemplates constructing e longer primary runway parallel to but shifted north and east of the existing northw/est/southeast runway alignment and an extension tothe crosswind runway. The proposed expansion is intended to improve the Airport's ability to fulfill its existing role and to compete more effectively for additional business -related flights that use propeller -driven Further information regarding the Lake Elmo Airport can be obtained from the Metropolitan Ai/ports Commission's Airport Manager, Telephone No.:6Sl'2l443D6. Union Pacific Railroad. The property is located near an active Union Pacific Rail Line, which at present, carries 4'6teins per day. The City of Lake Elmo intends to construct v new railroad crossing across the railroad right- of-way that will connect the northernmost extension of Village Parkway as platted within Easton Village to Minnesota State HighwayS. Manning Avenue/[ountyHighway 15, The access to Manning Avenue from 32nd Street North is temporary in nature and will be eliminated at such time that Village Park Way is connected to 30m Street or 5 years has passed from the date offinal plat approval, whichever blonger. IRREVOCABLE, LETTER, OFCREDIT TO: City of Lake Elmo Dear Sir orMadam: No. VVehereby isaue.fortheaucountof (Name cfDeve1ooed and inyour favor, our Irrevocable Letter of Credit inthe amount of$ .available toyou byyour draft drawn onsight onthe undersigned bank skits offices inMinnesota. 2 The draft must: a) Bear the clause, "Drawn under Letter of Credit No dated 2 . of b)8esigned bythe Mayor orCity Administrator ofthe City ofLake Elmo, c) Be presented for payment at (Address of Bank) . on or before 4�00 pm. on November 30. This Letter of Credit shall automatically omaw for oopceasiwa one-year terms un|enx, at least forty-five (45) days prior to the next annual renewal date (which aho|| be November 30 of each year), the Bank delivers written notice (othe Lake Elmo City Administrator that itintends U»modify the terms of, orcancel, this Letter ofCredit. Written notice is effective ifsent Uycertified mail, postage pnopaid, and deposited in the U8. /NaU, otleast forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City HaU, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal This Letter cfCredit nets forth in full our understanding which shall not in any way be moUified, emended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein, This Latter of Credit is not assignable, This is not Notation Letter of Credit. More than one draw may be made under this Letter o[Credit. This Letter cfCredit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter ofCredit shall be duly honored upon presentation, BY: /00mUa Its 29 AA1Attltr$ ll.$34.7.4F—;Yr ot .„„ 1'6E1 5 SEE ;WEI 4 IFF"$$$ I VILLAGE PARKWAY I "Pt kr • *tf•tvem A VOP7114 reeivi ' tttt 4 4 471 rn t Alpo. NIN 701—T—ECTnE •Pr, ‘AERBER RECREATIONAL DESIGN. INC. i 42 91 Cour{ MN 5503 7:4,;-:;;;.1;t1:1: 1 33,, 1,,,ither 110ATE 11`21,2Di5 acle Sales Representative Jay Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-3630 Fax: (651) 438-3939 Prepared City of Lake Elmo For: 3800 Laverne Avenue N. Lake Elmo, MN 55042 mhouthilet@lakeelmo.org Payment Miracle Recreation Equipment Company Remittance: l'O Box- 2(14757, Dallas, TX 75320-4757 PaPrien1/ Mike (651) 248-7828 Accounting Contact: Equipment Quotation Quote Number: 13150394 Quote Date: 12/21/2(115 Customer Number 5504B09 Terms of Sale: Net 3() Customer Class: I. Parks & Rec Shipping Method: Miracle Freight Terms: Prepaid Approximate Ship Date: ASAP Cust PO Num: Phase 1 PO Remittance (if other than Sales Representative): Location: City of Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Shipping/ Mike (651) 248-7828 Ddivery Contact: Quantity Hem Number Description 1 7145029 SQUARE DECK (ATTACHES TO 4 POSTS) 1 71453669 CST 6'6" HEXAGON DECK FOR ROOF 4 7145494 5" OD X 124" POST (4 DECK) 6 71457218 5" OD X 18" POST EXTENSION W/HARDWARE 1 7147148 RACE CAR PANEL W/WHEEL 1 7147196 CLIFF CLIMBER (6'6" DECK) 1 7147264 MOGUL SLIDE -ONE PIECE (4' DECK) 1 714734 SAFETY PANEL AGES 5-12, FREE STANDING 1 7147554 HONEYCOMB CLIMBER (4' DECK) 1 71475969 9'4" TYP SLIDE 630 D (6' & 6'6" DECK) 1 714808 CLIMBING POLE (3', 5' OR 6'6" DECK) 1 7148161 WIRE MESH ENCLOSURE I 71485149 SQUARE TRANSFER POINT W/CLOSED HR (4' DECK) 1 7148626 ROOF FOR HEXAGON DECK, PERF STEEL 1 7149609 ADA STAIRS BETWEEN DECKS W/2' 6" RISE 1 753 MAYPOLE 1 2720 SWG PART THERAPEUTIC SWG SEAT W/CHAIN (8' TR) 2 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 1 2990 SWG PART Tur SEAT 360 DEG W/CHAIN (8' TR) 1 7147352 5" OD SINGLE POST SWG FRAME ONLY 2 SEATS REQ 1 7I47352HHX 5" OD ADD -A -BAY 8' TR (2) THERA SEAT REQ MC Rep fr: Order 4: I 3 I 50394 Rig(' 1 of 3 Rev 12. 021815 Equipment Total: $34.490.00 Freight: $1,969.32 Installation: $8,620.00 Discount: $8,622.50 Grand Total: $36.456.82 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle"), Saks Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy (Willis Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miracleree.com. Upon acceptance, Miracle will return a fully -signed copy of the QUOLC to Customer (wi(h copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN, Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations. and all such proposed terms shall be void, Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees. levies and other impositions on the Equipment at its own expense. Purchase orders and payments should bc made to the order of Miracle Recreation Equipment Company. Ant Number: 13150394 Quote Date: 12/21/2015 Equipment Total: S34,490.00 Grand Total: S36,456.82 CUSTOMER HEREBY SUBMITS rrs OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE, Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EOUIPNTENT COMPANY, By: Date: ADDITIONAL TERMS CONDITIONS OE SALE 1. Use & Maintenance, Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ([vent of Default.). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code, Customer agrees to assist and cooperate with Miracle to accomplish Us filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy_ Customer shall pay all reasonable attorneysfees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Nliracle within ten (1(1) days after thc date on which due. Rep 4: 13 Order #: 13 I 50394 Pare 2 of 3 Rev 1.7: 021815 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH 'EHE EQUIPMENT, WHICH ARE INCORPORATEL) HEREIN BY "MIS REFERENCE. [MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCIIANTABILITY OR ITENESS FOR A PARTICULAR PURPOSE AND ANY LIABII,Try FOR INCIDENTAL OR CONSEQUENTIAI, DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACI,E HARMLESS FROM ALL Cl.„AINIS CIF ANY "'ND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER'S ALTERATION OF THE EQUIPMENT, rrs FAILURE TO MAINTAIN THE "..11PMENT, ITS FAILURE To PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE To PROVIDE AND MAINTAIN APPROPRI NIT TYPES DEPTHS OF SAFETY SURFACING BENEATH ,AND AROUND THE EQUIPMENT IN ACCORDANCE %MEI MIRACLE'S INS'EAT,LNHON AND OWNER'S MANUA'S AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFFEY. 4. Restrictions. Until all amounts due hereunder are paid in hill, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal proce.ss; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Nliracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Nliracle shall be interpreted, and the partiesobligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until hill payment is received by Miracle. Customer assumes all risk of loss or Llestruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Nliracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. -the invalidity of portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully -executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon hill execution, this Quote shall be binding- upon and inure to the benefit of the parties and their successors and assigns. 10, Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original, The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall he the same as the transmission of an original. At the request of either party, the parties will confirm imile or other electronically transmitted signatures by signing an original document. Rep 4: 13 Order 4: 1315(1394 Page 3 of 3 Rev E 021815 Sales Representative Jay Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-3630 Fax: (651) 438-3939 Prepared City of Lake Elmo For: 3800 Laverne Avenue N. Lake Elmo. MN 55042 mbouthilet@lakeelmo.org Payment Miracle Recreation Equipment Company Remittance: PO Box 204757, Dallas, TX 75320-4757 l'aYmem-/ Mike (651) 248-7828 Accounting Contact: Quantity Item Number 1 442-1 I 7145029 4 714553 1 7146616 1 7147142HB I 7147239 I 7147716S 1 7149746 1 6063 1 7189941 Rep It: 13 Equipment Quotation Quote Number: Quote Date: Customer Number Terms Sale: Customer Class: Shipping Method: Freight Terms: Approximate Ship Date: Cust PO Num: 13150395 I 2/21/2015 5504E309 Net 3l) 1, Parks & Rec Miracle Prepaid ASAP Phase 2 PO Remittance (if other than Saks Representative): Location: City of Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Shipping/ Mike (651) 248-7828 Delivery Contact: Description WEBSCAPES PEGASUS 4M ACTIVITY NET SQUARE DECK (ATTACHES TO 4 POSTS) 5" OD X 160" POST (5'6" TO 6'6" DECKS) DNA CLIMBER ro& 6'6" DECK) FIRE TRUCK 1/2 PANEL (BELOW DECK) 8' BURMA BRIDGE DUPLI-GATOR SLIDE (6' & 6'6" DECK) WIGGLY WORM CLIMBER (5' OR 6'6" DECK) REFLEX FUN FONT PAIR (2 ['ONES) W/ONE (1) POST Order 44: 13150395 Equipment Total: 534,236.00 Freight: S1 ,067.50 Installation: $8,700,00 Discount: $6,847.20 Grand Total: $37.756.30 Page 1 or 3 Rev E 021815 This Quote shall not hecome a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company rMiracle-). Sales Representative is not authorized to sign this Quote 011 behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative, To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via '417) 235-3551 or email: orders@rniraelerec.com. Upon acceptance, Miracle tvill return a fully -signed copy of the Quote to Customer (with copy to „es Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN, Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void, Customer authorizes Miracle to ship die Equipment and agrees to pay Miracle the total amount specified. Shipping terms arc FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges arc due and payable in full at 'PO Box 204757, Dallas, TX 75320-4757. unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices, Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to thc order of - Miracle Recreation Equipment Company. Quote Number: 13 150395 Quote Date: 12/21/2015 Equipment Total: S34,236.00 Grand Total: S37,756,30 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCIIASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title .Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCF,PTED BY MIRACLE RECREATION EQUIPMENT COMPANY. By: Date: ADDITIONAL TERMS .CONDIT1ONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Flandbook for Public Playground Safety_ 2. Default, Remedies &.Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of '-/uote, shall constitute a default under all unsatisfied invoices ("Event of Default"), Upon an Event of Default, Miracle shall have all remedies available at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a reined), will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys' fees plus any costs of collection incurred by Miracle in enforcing, its rights hereunder. Subject to any, limitations under latv, Customer shall pay to I\ liracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. Rrp tt: 13 Order #: 1315(1395 Page 2 of 3 Key E1121S15 3. Limitation of Warranty/ Indemnity, MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD kV ARRANIFIES ISSUED WITI 1 THE EQUIPMENT, WI IICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY NIPLIED 'WARRANTY OF !MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. cusromER AGREES "FO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY VIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER'S ALTERATION OE THE EQUIPMENT, ITS FAILURE 'TO MAINTAIN 'THE '..11PMENT, ITS FAILURE -TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES ,T21 DEPT! IS OE SAFETY SURFACING BENEATH AND A RouND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE'S INSTALLATION AND OWNERS MANUALS AND THE NIOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFE-1"1'. 4. Restrictions. Until all amounts clue hereunder arc paid in hill, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the. Equipment to any location not specified in this Quote. 3, Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in hill of all of Customer's obligations hereunder. Customer agrees that !Miracle may file one or more financing statenients, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. (3. Choice of Law and Jurisdiction. All agreements between Customer and Nliracle shall be interpreted, and the partiesobligations shall be governed, by the laws of the State of Missouri without reference to its choice of lave provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in thc city and county of St, Louis, Missouri. 7, Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any iras.iices. Until all amounts due hereunder are paid in full. Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default al another time, or a forfeiture of any rights provided to !Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. 'this fully -executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment: in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall he binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transinission 11515 Quote, any invoice, and any other agreement between the parties, may be (-2XCCU tell in counteeparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original At the request of either party, the parties will confirm imile or other electronically transmitted signatures by signing an original document, Rep 5: 13 Order #: 13150395 Page 3 of 3 Rev E 021815 Sales Representative Jav Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-363(1 Fax: (651) 438-3939 Prepared City of Lake Elmo For: 3800 Laverne Avenue N. Lake Elmo, MN 55042 mbouthilet@lakeelmo.org Payment Miracle Recreation Equipment Company Remittance: PO Box 204757, Dallas, TX 75320-4757 PaYmenti Mike (651) 248-7828 Accounting Contact: Equipment Quotation Quote Number: 13150396 Quote Date: 12/21/2015 Customer Number 5504B09 Terms of Sale: Net 30 Customer Class: 1. Parks Shipping Method: Miracle Freight Terms: Prepaid Approximate Ship Date: ASAP Cust PO Num: Phase 3 PO Remittance (if other than Sales Representative): Location: City &Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Shipping/ Mike (651) 248-7828 Delivery Contact: Quantity Item Number Description 1 7147341 SAFETY PANEL AGES 2-5, FREE STANDING 1 953 ATV "C" SPRING RIDER 3 7185019 TRIANGLE DECK (ATTACHES TO 3 POSTS) 1 7185049 1/2 HEX OPEN DECK (ATTACHES TO 5 POSTS) 1 718552 3 1/2" OD X 130" POST (3' TO 5' DECKS) 6 71 8573 3 1/2" OD X 162" POST FOR ROOF (3'6" TO 5'DK) 1 7187264 MOGUL SLIDE (4DECK) I 7187306 HEXAGON TREE ROUSE ROOF 1 71874849 6'2" TYPHOON II SLIDE 360 DEG (4' DECK) 1 71875734 45 DEG SLOPED CLIMBING WALL (3' & 4' DECK) 1 7187633B 3-LETTER WORD SPELLER PANEL (BELOW DECK) 1 7187635 PLANET PANEL 1 718812 12'' RISER PLATE 1 718851359 SQUARE TRANSFER POINT W/OPEN HR (3' DECK) 1 7189173 CURVED TENSILE CLIMBER (3' DECK) 1 7189941Z FUN FONE PRICE INCLUDED IN 7189941 Rcp #: 13 Order It: 13150396 Equipment Total: $19.335.00 Freight: $1,596,66 Installation: $5,325.00 Discount: $2,900.2.5 Grand Total: $23,356.41 Page I of 3 Rev E 021815 This Quote shall nol become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle'). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below arid forward complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully -signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall he void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges are duc and payable in full at PO Box 204757, Dallas, TX 75320-4757. unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past duc invoices. Customer must provide proper tax exemption certificates to Miracle. and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company, Quote Number: 13150396 Quote Date: 12/21/21)15 Equipment Total: $19,335.00 Grand Total: S23,355.41 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE, Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. By: Date: ADDITIONAL TERMS _CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when duc, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys' fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.50/, per month of any payment that is delinquent in such month and is not received by Miracle within ten (111) days after the date on which due. Rep #: 13 Order k 13150396 Page 2 of 3 Rev E1t2tSl5 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIIS ISSUED WITH THE EQUIPMENT, 1,VHICH ARE INCORPORATED HEREIN BY TI IIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTEAf, DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMITSS FROM ALL CLAIMS OF ANY NI) FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER'S ALTERATION OF -HIE EQUIPMENT, ITS FAILURE TO MAINTAIN THE TIPMENT, IFS FAILURE '1'0 PROPERLY SUPERVISE EQUIPMENT USE, OR rrs FAILURE-10 PROVIDE AND MAINTAIN APPROPRIATEE TYPES JL DEPTITIS OE SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE wall MIRACLE'S INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBI,IC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall nut: (i) permit the Equipment to be levied upon or attached under any legal process; (n) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the NMOVal of the Equipment to any location nut specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri, 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default al Customer's expense, but shall have no obligation to do either, No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default et another time, or a forfeiture of any rights provided to Miracle hereunder or under ens' invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreemen1; Amendment; Binding Nature. This fully -executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon hill execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote., any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed 1-Jcsimile or other electronic transmission, shall he the same as the transmission of an original. At the request of either party, the parties will confirm imile or other electronically transmitted signatures by signing an original document, Repit 13 C)rder 4: I 3150396 Page 3 of 3 ResE 021815 l^" mvof'Nnal \ December Zl,201S City ofLake Elmo ATTN: Mike8outhi|et 3OUOLaverne Avenue N. Lake Elmo, MN5504Z Dear Mike, ,+n MIN 5503n266 *a./^moou-Fa, w1)43«3939 (130 C1m�/o ���(mc com Below is the surfacing and playground concrete border cost for Easton Village Park playground. ��'�`be,v' 9'4'x6'x2"DyoaCushion Mats Delivered Only 2,430.00 424 lineal feet of6"xl2" playground curbing II.350�00 Concrete costs do not include shelter slab or sidewalk. Optional GoaketterBasketball Goals (2) Delivery to Lake Elmo, MN Goa|»etter|nstaUahon (2) Total Delivered and installed Goa|setteo(Z) Does not include basketball court surfac $ 1,950.00/each If you have any questions or need clarification, please feel free to give me a call. Sincerely, ]ayVVebber-President VVEB8ERRECREATIONAL DESIGN, Inc. ^ Park & w"teruid=a Aquatic Play^Park Shelters aGazebos ^ Play set/Home Ratio Play Set Homes Amenities not included Carriage Station $70,000 109 $642.20 Picnic Shelter, Basketball Court, Trail Tapestry $34,000 62 $548 Trail Stonegate $30,000 68 $441.18 Ball Field Ridge $36,000 53 $679.25 Ball field 731 L COM ',„„) DATE: REGULAR ITEM # February 2, 2016 AGENDA ITEM: Inwood Water Booster Station 'Improvements — Approve Plans and Specifications and Order Advertisement for Bids SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works SUG Clark Schroeder, Interim City Administrator ESTED ORDER OF BUSINESS: Introduction of Item City Engineer - Report/Presentation City Engineer - Questions from Council to Staff ......... ......... ....... ...... ....... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion ...... ...... ............. Mayor & City Council .......... .............. Mayor & City Council Action on Motion.......... ........... . ....... .....,......... ................ ........ Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None, 11 The Inwood Booster Station improvements are being completed in conjunction with the Inwood Trunk Watennain Improvements which is being bid as a separate construction package. The project is scheduled to be paid through a combination of the City's Water Enterprise Fund, bonding, and MN -DEED grants. Approval of this resolution does not commit the council to the project costs. Once contractor bids are received, the actual construction costs will be known and the council will be asked to consider entering into a contract to complete the work. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving the plans and specifications and ordering the advertisement for bids for the Inwood Water Booster Station. The recommended motion for this action is as .follows: -- page City Council Meeting [Regular Agenda Item 11] February 2, 2016 "Move to approve Resolution No. 2016-07, approving the plans and specifications and ordering the advertisement for bids for the Inwood FVater Booster Station." LEGISLATIVE, I STORY/BACKGROUND INFORMATION: In accordance with the 2016 Capital Improvement Plan, the City is proposing to build a booster station necessary to deliver City water service to support the growth and development in the 1-94 corridor. This project is part of the overall water system master plan and will help to provide water service to the new developments between Keats Avenue and Inwood Avenue, including Savona (Lennar), Boulder Ponds (Excelsior Group), Hammes Estates, Inwood PUD (Hans Hagen), and the existing properties within the Eagle Point Business Park. On January 21, 2014, the council authorized the preparation of plans and specifications for the Inwood Booster Station. Then on April 15, 2014 the project was put on hold and the bid date delayed until such a time that the City Administrator could secure the MN -DEED Water System Grant. The project funding has now been secured and the design consultant, MSA Professional Services, Inc., has completed the construction documents for the improvements to be constructed in 2016. The improvements include the construction of a 40-foot by 28-foot structure to house pumps, discharge piping, electrical equipment, and chemical feed equipment. The structure will be a slab on grade with masonry load bearing walls and a protective/water resistant ceiling. The exterior architecture follows the direction provided by Council at the October 6, 2015 Council meeting including a prairie style roof, and stone veneer siding on the two more visible building sides. RECOMMENDATION: Staff is recommending that the City Council approve the plans and specifications and order the advertisement for bids for the Inwood Water Booster Station Improvements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2016-07, approving the plans and specifications and ordering the advertisement finbids for the Inwood Water Booster Station." ATTACHMENT(S): 1. Resolution 2016-07 Approving Plans and Specifications and Ordering Advertisement for Bids. 2. Location Map. 3. Project Schedule. 4. Inwood Booster Station Improvements Plans and Specification (available far review at City Hall). page 2 — CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-07 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE INWOOD BOOSTER STATION WHEREAS, pursuant to a resolution passed by the City Council on the 21 st day of January 2014, the City Engineer, together with MSA Professional Services, Inc. has prepared plans and specifications for the Inwood Booster Station and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, IT IS HEREBY RESOLVED, Such plans and specifications, a copy of which is on file at Lake Elmo City Hall, and made a part hereof, are hereby approved. The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF FEBRUARY 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-XX BOOSTER STATION CONNECT TO EX. WATERMAIN CONNECT TO EX. WATERMAI N PROPOSED 16- NCH WATERMAI WATER STORAGE FACILITY EAGLE POINT BLVD - PROJ. NO. 2014.130 LAKE ELMO, MINNESOTA ENGINEERING OCTOBER. 20 [5 0 2000 FIGURE NO. I 4000 Feel LOCATION MAP INWOOD BOOSTER STATION, TRUNK WATERMAIN 1 AND WATER TOWER IMPROVEMENTS PROJECT SCHEDULE CITY OFLAKE E|MO |NUVODD BOOSTER STATION PROJECT NO. Z014'I3g ENGINEERING, inc. Cara Gehemn,p.c Jack Griffin, P.[. Ryan 5tempski,p.[ Chad |sakoon' P.E. 651.300.4761 651.300/264 651.300.4267 651.300.4283 January Z1,20l4 Council Orders the Imorovement for the Inwood Booster Station and the preparation ofPlans and Specifications. Project bdelayed due todelay /nreceipt ofMN-DEEDN/oterSxstenvGront, February 2,]Ol6 Council approves Plans and Specifications and orders Advertisement for Bids. March ]'IO16 Receive Contractor Bids. March 1S,2O16 Council accepts Bids and awards Contract. April 14,ZOl6 Conduct Pre -construction meeting and issue Notice toProceed. October 3l,20l6 Substantial Completion (booster station online and VperationaU. January l5,2017 Final Completion (punch list and final papemvorW. IAKL AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: 01_ L C3M1 DATE: February 2, 2016 REGULAR ITEM # Old Village Phase 2: Street, Drainage, and Utility Improvements — Authorize Preparation of a Feasibility Report Jack Griffin, City Engineer Clark Schroeder, Interim City Administrator Chad Isakson, Project Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of ...... . ............ ...... ....... ..... .......... ....... ..... Ci ty Engineer Report/Presentation.... ........ ...... ..... ...... ....... City Engineer Questions from Council to Staff .......... ........ ...... ................ Mayor Facilitates Public Input, if Appropriate... ............. ...... ..............Mayor Facilitates Call for Motion ...... .................... ......... ..... .......... ..... Mayor & City Council - Discussion ..... ................ ..... .......... Mayor & City Council - Action on Motion ............................. ..... ...............„................. Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $5,500, 12 If authorized, FOCUS .Engineering Inc., will prepare a feasibility report in the not to exceed amount of $5,500 for the Old Village Phase 2 Street, Drainage, and Utility Improvements. If the improvements are ordered, the report costs will be charged against the project fund and become assessable to the benefitting properties. Should the project not be constructed, the report costs cannot be assessed. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Resolution No. 2016-XX, Ordering the Preparation of a Feasibility Report meeting MN State Statute 429 for the Old City Council Meeting [Regular Agcncla Item 12] February 2, 2016 Village Phase 2 Street, Drainage, and Utility Improvements so that the costs may be wholly or partially assessed to the benefitting properties. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The City of Lake Elmo and Washington County have been working jointly on the Old Village Improvements Project: Phase 1 and Phase 2 for the past year and a half to improve the Old Village and extend municipal sanitary sewer service into the downtown area. The Phase 1 Improvements occurred over the past construction season and design for the Phase 2 Improvements is ongoing with construction scheduled to begin in the summer of 2016. Phase 2 improvements include street, drainage, sanitary sewer and watermain along 30th Street North from the Reid Park lift station to Lake Elmo Avenue and Lake Elmo Avenue from 30th Street to County State Aid Highway (CSAH) 14. While Washington County is the lead agency for the project, each entity will be responsible for sharing in the project costs consistent with the project Cooperative Agreement No. 9660. Special assessments have been identified as one of the available funding mechanisms for the improvements where the benefiting properties are specially assessed all or a portion of the cost of the improvement, pursuant to the City's Special Assessment Policy, the project assessment methodology used for the Phase 1 Improvements, and Minnesota Statues, Chapter 429. In order to maintain special assessments as a viable funding alternative, the City Council must direct the preparation of a feasibility report meeting the statutory process for public improvements that are specially assessed. The report will advise on the improvements being recommended along each corridor, provide estimated project costs for the City cost participation of the recommended improvements, including easement and right-of-way, permits, and other requirements of other local agencies needed to implement the improvements, recommend whether the improvements should be made as proposed or in connection with some other improvement, and advise if the improvements are necessary, cost effective, and feasible. The Report will also provide a preliminary assessment roll for each of the benetitting properties consistent with the project assessment methodologies used. for the Phase 1 lmproveinents. Utility improvements vill address both sanitary sewer service to replace individual on -site treatment systems and replacement of aging watermain infrastructure. Costs will he provided by Washington County's design consultant based upon the Washington County cost participation policy and in accordance with the project Cooperative Agreement. Streetscape improvement costs (landscaping, street lighting, etc.) will be included in the scope of this report. These costs reflect the design direction previously provided by the City Council. pag City Council Meeting February 2, 2016 RECOMMENDATION: [Rcgtilar Agenda Item 12] Staff is recommending that the City Council authorize FOCUS Engineering, Inc. to prepare a Feasibility Report for the Old Village Phase 2 Street, Drainage, and Utility Improvements in the estimated amount of 55,500. The recommended motion for this action is as follows: "Move to approve Resolution No. 2016-08, Ordering preparation of a Feasibility Report by FOCUS Engineeringfor the Old Village Phase 2 Street, Drainage, and Utility _Improvements in a not to exceed amount of $5,500." ATTACHMENT(: 1. Resolution No. 2016-08, Ordering Preparation of a Feasibility Report. 2. Location Map. 3. Project Schedule. -- page 3 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-08 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City of Lake Elmo and Washington County have entered into a Cooperative Agreement to jointly make Street, Drainage and Utility Improvements to City and County infrastructure in and around the Old Village area in downtown Lake Elmo; and WHEREAS, the improvements are being completed in two phases with Old Village Phase 1 consisting of a portion of the City streets including Upper 33'1 Street North and Laverne Avenue North, and including the construction of the Regional Infiltration Pond; and the Old Village Phase 2 consisting of CSAH 17 (Lake Elmo Avenue) from CSAH 14 (Old Hwy 5) to 30th Street, and 30th Street from CSAH 17 east to the Reid Park lift station; and WHEREAS, the Old Village Phase 1 Improvements began construction in 2015 and the Old Village Phase 2 hnprovements are proposed for construction beginning in 2016; and WHEREAS, each entity is responsible for sharing in the project costs per Cooperative Agreement No. 9660, dated June 2015; and WHEREAS, the Phase 2 Improvements includes street, drainage and utility improvements, including the extension of sanitary sewer service and replacement of aging watennain infrastructure along the following corridors; 30th Street North, from the Reid Park lift station to Lake Elmo Avenue. Lake Elmo Avenue, from 30th Street North to CSAH 14. WHEREAS, it is proposed to assess the benefiting properties for all or a portion of the cost of the improvement, pursuant to the City's Special Assessment Policy and Minnesota Statues, Chapter 429, NOW, THEREFORE, IT IS HEREBY RESOLVED, That the proposed improvement, called the Old Village Phase 2 Street, Drainage, and Utility Improvements, be referred to the City Engineer and FOCUS Engineering, and that FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should be best made as proposed or in connection with some other improvement; using estimated costs for the recommended Resolution No. 2016-08 improvements as determined by the County's design consultant; and a description of the methodology used to calculate individual assessments for affected parcels. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF FEBRUARY 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-08 411-(1) ST N1 Project Phases Phase 1 Phase 2 tiT N tee Ja, e J) a, 3,1., at es r aeaa. `At., kar, Jerfe se, eat., V, ,taareat. J t.ntat ,114, ivill s1 1; 3IST ST N 0 .1111 1111P 30111 SI' 1,••: 0.125 0,25 *WI -101-11 S N WO I ul\, •1111) I K I I \\I) JI) 0.5 Miles Lake Elmo Avenue (CSAH 17) - City of Lake Elmo ExIIIBIT A CITY OF LAK ELMO PROJECT SCHEDULE OLD VILLAGE PHASE Z: STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2Ol].134 ENGINEERING, inc. Cara Gehens,P.E. Jack Griffin, P.E. oyanStempski P.E. Chad Isakson, P.E. FEBRUARY5,2O15 Council approves Phase 2 Municipal Consent. County proceeds with Final Design. FE8RUARY2,I0l6 Council authorizes the preparation ofthe Phase 2Feasibility Report. FEBRAURY1G,ZO16 County presents final plans and specifications. No formal action required. MARCH 1,ZOl6 County posts advertisement for bid. MARCH 1S,ZOI6 Council accepts Report and adopts project assessment policy. Calls Public Improvement Hearing. MARCH 24,ZO1G APA|Ll,2O15 APR|Ll9,2Ol5 MAY, 2016 Notice ofPublic Hearing (Publish April 4and April 11,ZO16). County Accepts Contractor Bids. Pub|ic|nnprUvennentHeahng.[ound|app[oves"[oncurnenCe"toammrdcnntract. Council Orders the Imorovement for the Old Village Phase 2: Street, Drainage, and Utility Improvements (Requires 4/Sm vote). Start ofPhase ZConstruction, • NOVEK4BER,ZUl6 Substantial Completion. • ]ULY,ZOl7 Final Completion. iI crry )1: [AKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 2/2/16 REGULAR ITEM #: 14 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Employee wage adjustments Clark Schroeder Mike Pearson and Julie Fliflet Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item Staff Report/Presentation Staff Questions from Council to Staff. ..... ........... .............. . ..... ....... ........... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion. ........... ............ ..... ......... ....... . ...... Mayor & City Council Discussion Mayor & City Council Action on Motion ....... . ........ ....... ...... ....... ...... ......... .......... ....... Mayor Facilitates PUBLIC POLICY STATEMENT SET POLICY FOR GRANTING EmPLoyERAss. SUMMARY AND ACTION REOUESTED: The HR committee has recommended one method of granting raises to employees and the Mayor would like to consider another method for granting raises. Since the HR committee only makes recommendations either to the City Clerk and Administrator for administrative decision, or the City Council for policy decision, these opposing recommendations should vetted by the full council. BACKGROUND AND STAFF REPORT: The HR committee has made a recommendation that employee reviews along with 360 feedback be done in January/February and raises determined in June/July. The thought, is that this would provide 6 months of coaching from supervisors to address any concerns that are in the reviews and allow the employees to make progress toward continual improvement. The hope is that employees would be coached to increase their performance in such a fashion that they excel at what they do and are reward as such. Wage increase recommendations would take into account the fact that wages would not be adjusted till this summer and at the same time allow consideration for new employees which otherwise would not be eligible for raise consideration. This could be the way annual wage determinations are done from now on with summer time adjustments. An alternative method of wage determination is to grant cost of living increases during January along with reviews and adjustments beyond that in the summer for employees who go above and beyond in their jobs. This would incentify employees to go above their normal work duties while at the same time address employee retention within the city. Since the writer of the document was not at all the HR committee meetings, 1 asked the HR committee chairperson to summarize the views of the committee regarding this matter. The HR committee discussed the city's performance review/wage increase process. It was noted that some improvements were needed and could be made. The HR Committee sought to add a 360 feedback element for the Administrator and other .Department Heads, and also sought to separate the performance review discussion from the raise discussion. Two members of the HR Committee who are also HR Professionals follow this process of separating the performance review from the raise discussion in their organizations. They have found it to be a better practice that works well and allows for the performance review to focus on coaching and development, which is what it should be about. It also gives time for employees to work on any areas of needed improvement and to show this improvement before raises are awarded which is a positive practice. The HR Committee in conjunction with the City Clerk agreed that this would improve the performance review process for the city. All agreed that raises should be tied to performance and that across the board cost of living increases are not best practice, do not encourage employees to perform at high levels, and actually reward those not performing at an acceptable level. As the HR Committee looked at implementation of this change, doing so in 2016 was the perfect time, because it would actually allow more employees to be included in the raise pool that might otherwise be excluded since they were relatively new employees with the city. This seemed like a good time to change and would be more advantageous for these staff members. The HR Committee also noted that for any other staff members who would have normally been eligible to receive raises in January that may be overdo for their annual increase, that should be taken into account in July when raises were awarded and those raises should be a bit higher than those for the staff who were not overdo, so that no employees came out "behind". RECOMMENDATION: Tito motions are put be/bre the council for consideration. Motion 1 -Move to set a policy of performance reviews shortly after the first of the year with 6 months of coaching towards continual improvement with wage rates being recommended to the council by the city clerk and city administrator in the summer." Motion 2 "Move to set a policy of cost of living wage increases shortly after the first ofthe year in conjunction with performance reviews with superior performance being rewarded in the summer by wage adjustments recommended by the city clerk and city administrator." ATTACHMENT(S): THE CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION Seasonal Building Inspector assistance Clark Schroeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item...,,.....,....... Report/Presentation........ ..... Questions from Council to Staff Public Input, if Appropriate__ Call for Motion ............. .......... Discussion__ ....... .............. ...... Action on Motion ....... ....... DATE: / 6 REGULAR ITEM #: MOTION 15 ••••••••••••• ..... • ........ •••••••• ........ ......... Staff ........ ...... ............ ..... Staff ..... ..... ....,........ ..... ........... ....... ..... Mayor Facilitates ............ ..... ..... ............. Mayor Facilitates ...... Mayor & City Council . . ..... ..... . ....... .............. ...... ..... Mayor & City Council ..... ....• ..... .•••..•.•••...•_•.•••...••••••••.•••..•.„ Mayor Facilitates PUBLIC POLICY STATEMENT Policy being set is to allow administrator to have the flexibility to bring in appropriate inspection assistance if they deem it necessary. SUMMARY AND ACTION REOUESTED: With the expected increase in building construction this coming spring/summer the administrator is requesting the authority to bring in appropriate inspection assistance if they deem it necessary. BACKGROUND AND STAFF REPORT: The past year 201.5, saw a noticeable uptick in the volume of building taking place within our city. New Homes Total valuation Average home value Total Valuation YTD 2015 142 $47,150,401 332,000 52,514,158 2014 2013 41 $19,968,275 487,000 30,340,315 36 $16,966,169 471,282 20,939,966 The city budget for 2016 is built around 140 new homes and 15 rec units of conunercial development. There are commercial developments in the works which if they come to fruition, will stretch the ability of the building official and the building inspector to respond to both residential and commercial building projects in a timely fashion. We have an agreement with Hugo that they will assist us and us them if there is spare time and availability, but if that capacity is not there we will need to respond with other methods. The option of not having the capacity to serve our building community is not an option for the city. Contract inspection companies can cost upwards of $70 per hour or more. A seasonal inspector might be in the $24 to $31 per hour, similar to our former contract inspector. Part of the reason for considering this now versus in the summer, if we have a crunch of inspections, we will not have time source out the most cost effective solution and might end up with an inspection company at a much higher rate. We will respond to the needs of the building community, this is a question of if the needs exceed our ability what is the most cost effective solution for the city. I am asking the city council to authorize the city administrator to use their best judgment to source out the most cost effective solution to respond to the various demands on the Department of Building Safety. This would include the above options but not include hiring a benefited employee. Having the flexibility to respond in a number of different ways, will serve our city while at the same time protect the taxpayer. RECOMMENDATION: Motion: " The city council of Lake Elmo authorizes the City Administrator to utilize their best judgment to source out the most cost effective solution to respond to the various demands on the building inspection department. This would include other city inspectors, seasonal inspector, contract inspection companies, but not hiring a benefited staff member" ATTACHMENT(: