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01-19-16 CCMP
TI IF CITY OF LAKE ELMO OurAlkfion is to Provide Pfiali(y Public ,Cris ia a Fiscally Respoilsibk Manner 11-7ille Presemill,,g The City O/ii iiace Charackr NOTICE OF MEETING City Council Meeting Tuesday, January 19, 2016 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes .17November 17, 2015; December 1, 2015; December 15, 2015 D. Public Comments/Inquiries E. Presentations VLake Elmo Library Presentation F. Consent Agenda Z. Approve Payment of Disbursements Accept December 2015 Assessors Report i( Accept December 2015 Building Department Report 'Eagle Point Boulevard Street Improvements — Pay Request No. 5 61:739th Street: Street and Sanitary Sewer Improvements — Change Order No. 5 39th Street: Street and Sanitary Sewer Improvements — Compensating Change Order No. 6 39th Street: Street and Sanitary Sewer improvements — Pay Request No. 8 (FINAL) Village Trunk Utility Improvements — Approve Reduction of Security #1 . East Metro Water Resource Education Program (EMWREP) — Renew Shared Resource Education Program Agreement At. Approv_entiv_e_way-Encroachmentranid-Maintenance Agreement Approve Northland Securities Profon-na Services Approve TKDA Cost of Service Study for Water and Sanitary Sewer Utilities {Approve 2016 Meeting Schedule jRguLar Agenda idden Meadows Plat Extension Sign Variance 8650 Hudson Boulevard dinance Amendment to .Exempt Essential Services from PF-Public or Semi Public Zoning District Zoning Map Amendment to Rezone a Parcel from Rural Residential to Public or Semi Public Zoning District vood Trunk Watennain Improvements — Approve Plans and Specifications; Authorize Ad for Bids vood Water Tower (No. 4) — Approve Plans and Specifications; Authorize Ad for Bids ibrary Board Appointments eau of Mediation Services Process Council Role in Hiring Process , Council Reports • -,1 I. Staff Reports and Announcements J. Adjourn CITY OF LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 CALL TO ORDER Called to order at 7:10 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, City Planner Wensman and City Clerk Johnson. Interim Administrator Schroeder read a statement explaining the role of the Parliamentarian. Chief Administrative Law Judge Pust introduced herself and reviewed guidelines and decorum policies for the meeting. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Mayor Pearson, seconded by Councilmember Smith, moved TO ADD ITEM J: ROLE OF PARLIAMENTARIAN TO THE AGENDA. MOTION PASSED 4 — 1. (Bloyer — Nay) Item 10 was removed from the Agenda. Items 7 and 9 were moved to the Regular Agenda for discussion after item 13. Councihnember Fliflet, seconded by Mayor Pearson, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 5 — O. ACCEPT MINUTES Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPROVE THE NOVEMBER 4, 2015 MINUTES AS AMENDED. MOTION PASSED 5 — O. COUNCIL REPORTS Mayor Pearson: Met with staff, Bureau of Mediation Services, LMC and Judge Pust to discuss the Parliamentarian process; met with staff to prepare for a water sewer consultant RFP; met with County officials on a variety of matters; held a Visit with the Mayor; attended the Oakdale Lake Elmo Prayer Breakfast; attended the Public Safety Committee meeting; attended the Parks Commission meeting; fielded concerns from residents regarding the impact of development in various neighborhoods, noting no complaints have been received from downtown property owners; took calls regarding financial discussion and asked Interim Administrator Schroeder to comment on that during his staff report. Councilmember Fliflet: Met with LMC and BMS; held a Finance Committee meeting where they worked on water rate reduction and 2016 Budget; held an HR Committee meeting and fielded resident concerns. Councilmember Smith: Attended Finance Committee and postponed other reports due to time considerations. Councilmember Lundgren: Spoke with Bureau of Mediation; discussed milfoil in lakes with residents, attended HR Committee meeting; attended Oakdale Lake Elmo Prayer Breakfast; thanked Public Works staff for picking up two dead deer in her neighborhood; discussed Inwood area flooding with resident and staff. Councilmember Bloyer: Emailed with Fields residents, emails from residents regarding the Parliamentarian. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Judge Pust explained that she was serving as Parliamentarian on behalf of the Office of Administrative Hearings and reported that the City will be billed by the OAH at a rate of $120 per hour as approved by the Minnesota Management and Budget Department. PUBLIC COMMENTS/INQUIRIES Matt Eder and Becky Goble spoke on behalf of their dad, Jerome Eder, at 3415 Lake Elmo Avenue North concerning the construction of a storm water holding pond adjacent to his property and related safety concerns. Wally Nelson, 4582 Lilac Lane North, stressed the need for civility among the City Council Members and called for removal of the censure of Councilmember Bloyer. PRESENTATIONS None FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept Financial Report Dated October 31, 2015 4. Accept Building Report Dated October 31, 2015 5. Accept Assessors Report Dated October 31, 2015 6. Approve Eagle Point Blvd. Street Improvements Pay Request No. 3 Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. OTHER CONSENT AGENDA 8. Water Tower No. 4 — Approve Preliminary Design Recommendations Councihnember Smith, seconded by Councilmember Fliflet, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. ITEM 11: CLARIFICATION OF MANNING AVENUE REDESIGN AND FUNDING OPTIONS Interim Administrator Schroeder provided background information on the Washington County plan to realign Manning Avenue and the design option chosen by the City Council. Councilmember Fliflet added that she requested this discussion to provide clarification for the public to address misconceptions. Jack Rowenhorst, 11676 Little Bluestem, stated that as a new driver he is concerned about safety and thinks option C would be much safer. Lisa Rowenhorst, 11676 Little Bluestem, spoke against the C2 design chosen by the City Council and asked the Council to reconsider option C for safety reasons. Mary Pat Cumming, 11857 44' Street Lane North, reported that approximately 200 people in the neighborhood have met and asked that their voices be heard in support of option C. Cindy Silkworth, 4418 Lily Avenue North, stated the County, staff and Planning Commission recommended concept C and requested the City Council reconsider concept C. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Karen Schwartz, 11772 44th Street Lane North, expressed concerns about safety and asked that Highway 5 remain open in both directions until the north -south road is built. John Hodler, 1 1834 44Street Lane North, stated that not building the north -south road is a big problem for Fields of St. Croix residents and requested the Council reconsider option C. Marcy Eischen, 11674 Stillwater Boulevard, spoke in favor of the dead end option on behalf of herself and neighbors Dupuis and Jacobsen. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO CLARIFY MANNING AVENUE REDESIGN APPROVAL OF CONCEPT C2 THAT WAS PASSED AT THE SEPTEMBER 15 CITY COUNCIL MEETING, TO READ THAT THE CITY COUNCIL ACCEPTS CONCEPT C2, BUT THA THE EXACT TIMING, PLACEMENT, DESIGN AND FUNDING FOR THE NORTH/SOUTH CONNECTION ROAD WILL BE DETERMINED AT A LATER TIME THROUGH THOUGHTFUL PLANNING, AND THAT OLD HIGHWAY 5 WILL NOT BE CUL DE SAC'D UNTIL THIS NORTH/SOUTH CONNECTION IS BUILT. MOTION PASSED 3 — 2. (Pearson, Bloyer — Nay) Councilmember Bloyer stated concerns about safety and uncertainty that the costly north -south road would be safer than option C. Mayor Pearson referred to a Washington County report on stop lights and stated the C2 option is not safer. Councilmember Fliflet directed staff to begin planning a workshop with residents to gather their feedback. Councilmember Bloyer stated that the landowner should be contacted to inquire about purchasing land for the north -south road. Mayor Pearson stated that the north -south road is an improvement but without the landowner present it will be difficult to make progress. ITEM 9: DOWNTOWN PHASE I IMPROVEMENTS — APPROVE DESIGN REVISIONS FOR UPPER 33R© STREET AND LIBRARY PARKING LOT City Engineer Griffin provided an overview of the proposed revisions on Upper 33`' Street and noted concerns expressed by a business owner. Steve Johnson, 2945 Lake Elmo Avenue, stated that he has some concerns but feels the proposed design is reasonable and works well for the Fire Department. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO APPROVE THE UPPER 33s° STREET STRIPING REVISIONS FOR THE PHASE I DOWNTOWN STREET, DRAINAGE AND UTILITY IMPROVEMENTS. MOTION PASSED 4 — 1. (Pearson — Nay) Mayor Pearson stated that removing five parking spaces downtown needs additional research and discussion. City Engineer Griffin reviewed the proposed parking lot improvements for the Library, noting that the Library Board would also be reviewing the proposal. Griffin stated that the project contractor is offering favorable pricing through adding this project on to the downtown project. Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE LIBRARY PARKING LOT IMPROVEMENTS TO BE CONSTRUCTED IN CONJUNCTION WITH PHASE I DOWNTOWN STREET, DRAINAGE AND UTILITY IMPROVEMENTS. MOTION PASSED 4 — 1. (Bloyer — Nay) Councilmember Bloyer stated that the City should pay for this improvement for a City building and added that the City Council has not seen the Library budget. ITEM 12: SEARCH FIRM FOR CITY ADMINISTRATOR Interim Administrator Schroeder explained that the term of his contract is July 2016 to January 2016 and presented a list of search firms that could be employed to conduct a search for a permanent City Administrator. Schroeder stated that Springsted provided an estimated cost of $15,000 to $20,000 depending upon the scope of services. Discussion held concerning options for conducting a search with and without a search firm. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO MOVE FORWARD WITHOUT A SEARCH FIRM AND INSTRUCT THE CITY CLERK TO POST THE POSITION ON THE LMC AND ICMA WEBSITES. Councilmember Smith, seconded by Councilmember Fhflet, moved TO AMEND THE MOTION TO ADD SUBJECT TO HIRING OF A PROFESSIONAL FIRM TO CONDUCT BACKGROUND CHECKS. MOTION PASSED 5 — O. Councilmember Bloyer stated that he won't support the motion, as he feels the City could extend Mr. Schroeder's contract and that Councilmembers shouldn't be involved in vetting applicants. Mayor Pearson suggested seeking professionals within the City to assist with reviewing applicants. PRIMARY MOTION PASSED 3 — 2. (Pearson, Bloyer — Nay) City Attorney Snyder recommended that the process should be moved along and suggested staff prepare an advertisement for approve at the next Council meeting. ITEM 13: HIGH PRIORITY FOR HIGHWAY 5/COUNTY ROAD 14 Interim Administrator Schroeder explained that Councilmembers have expressed a need for a traffic light at the intersection of Highway 5 and 50'1' Street. Jinn Ogren, 11790 Little Bluestem, stated that a stop light will also be needed at the intersection of Highway 5 and Manning and suggested they could both be installed at the same time. Councilmember Fliflet stated that the 50th Street intersection should be a high priority for 2016 and not wait for the new road alignment. Councilmember Fliflet, seconded by Councilmember Smith, moved THE LAKE ELMO CITY COUNCIL WOULD LIKE BY MATTER OF RESOLUTION TO SUPPORT A TRAFFIC SIGNAL AT THE INTERSECTION OF NEW CSAH 15 AND .50"1 STREET AND MAKE IT KNOWN THAT THE CITY WOULD LIKE THIS TO BE THE NUMBER ONE PRIORITY FOR THE COUNTY FOR THIS STRETCH OF ROADWAY RECENTLY TURNED OVER Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 TO THE COUNTY FROM THE STATE OF MINNESOTA PREVIOUSLY KNOWN AS STATE HIGHWAY 5. Councilmember Bloyer stated that this intersection does not meet County standards for a traffic light. Mayor Pearson asked about facts and rankings from the County's report on intersections and stated that all intersections should be assessed before committing to upgrading one. Mayor Pearson, seconded by Councihnember Bloyer, moved TO TABLE THIS ISSUE TO A WORKSHOP. MOTION FAILED 2 — 3. (Fliflet, Lundgren, Smith — Nay) PRIMARY MOTION PASSED 3 — 1. (Pearson — Nay, Bloyer — Present) Mayor Pearson clarified that he is not opposed to a traffic light at the 50`11Street intersection but wants to look at all intersections first. Mayor Pearson, seconded by Councilmember Lundgren, moved TO DIRECT STAFF TO ARRANGE A WORKSHOP TO DISCUSS INTERSECTION SAFETY CITY WIDE. MOTION PASSED 5 — O. ITEM 7: APPROVE SPECIAL ASSESSMENT PAYOFF FOR KLEIS PROPERTY Finance Director Bendel reviewed the request from the property owner for a reduced payoff amount for special assessments levied in 1995 on a parcel that is in the Green Acres program. City Attorney Snyder explained the Green Acres program and noted that if the City Council chooses to modify the assessment it should be done by uniform resolution or an ordinance change. Peter Kastler, 9130 55'1' Street North, stated he is the grandson of the original owners and that his grandparents did not have any documentation regarding this assessment or the interest that is due. Mr. Kastler noted that the assessment payoff isn't due until the property is taken out of Green Acres but he would agree to pay it off early at the reduced amount as a benefit to both parties. Councihnember Fliflet, seconded by Councilmember Smith, moved TO ACCEPT THE PAYOFF OFFER OF $6,879.55 FROM MR. KASTLER/KLEIS FAMILY TO PAY IN FULL THE OUTSTANDING SPECIAL ASSESSMENTS RELATED TO THE 1995 STREET OVERLAY PROJECT. MOTION PASSED 3 — 2. (Pearson, Bloyer — Nay) Councilmember Bloyer stated that he understands the situation but feels the City needs to adhere to the laws and have thought out policies in place. Mayor Pearson added that he is concerned about setting precedence with this reduction but has empathy for the property owners. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Attended the Public Safety Committee meeting, Parks Commission meeting, met with developers, worked on legal and engineering concerns, attended the Finance Committee meeting, provided the Mayor's Handbook to the City Council at the recommendation of the League of MN Cities. Reported that the Finance Committee discussed the proforma and recommends hiring Northland Securities to develop and take over the Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 proforma. Schroeder stated that the assessment figures change daily as the City develops and funds are collected, therefore staff would not spend any additional time on updating the current model and will focus on transitioning to a third party vendor. The Finance Committee will continue to discuss how to develop the proforma at the next meeting. Councibnember Bloyer, seconded by Mayor Pearson, moved THAT THE CITY ADMINISTRATOR AND FINANCE DIRECTOR PROVIDE EXPLANATION TO RESIDENTS AS TO THE WHEREABOUTS OF $6.5 MILLION IN ASSESSMENTS. MOTION FAILED 2 — 3. (Fliflet, Lundgren, Smith — Nay) Councihnember Fliflet stated she would not support the motion and preferred to support the recommendation of the Administrator to not put further effort into the current model and move on to a new proforma. City Clerk Johnson: Reported that an offer has been extended to a candidate for the Office Administrative Assistant position. Finance Director Bendel: Finalized recommended changes to the 2016 General Fund Budget at Finance Committee Meeting, fielding calls and questions on assessments, all Lennar outstanding assessments will be paid soon, started year end closeout in preparation for the audit. City Attorney Snyder: No report. Community Development Wensman: No report City Engineer Griffin: Working on projects for next year and the engineering department is very busy with current construction projects. ROLE OF PARLIAMENTARIAN Judge Pust asked for City Council input on the Parliamentarian and stated it was an honor to be invited. Councilmembers indicated that it was helpful to have a Parliamentarian run the meeting. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO CONTINUE THE SERVICES OF THE PARLIAMENTARIAN UNTIL THE SERVICES ARE NO LONGER NEEDEDAND TO DIRECT STAFF TO SECURE A REPLACEMENT PARLIAMENTARIAN IF NEEDED. MOTION PASSED 3 — 1 — 1. (Pearson — Abstain, Bloyer — Nay) Meeting adjourned at 11:16 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 6 of 6 'Fl CITY OF LAKE ELMO AYOR COU CIL CO UNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: January 19, 2016 CONSENT ITEM #2 MOTION Approve Disbursements in the amount of $982,463.98 Patty Baker, Accountant Cathy Bendel, Finance Director Cathy Bendel, Finance Director S1JGGESTED ORDER OF - Introduction of Item ..... ..... City Administrator Report/Presentation..........._., ............... Administrator - Questions from Council to................................................Mayor Facilitates - Call for Motion ..... ..... ..... Mayor & City Council Discussion ..... ..... ..... Mayor & City Council Action on Motion........... ......... ............. .......................... ..... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $982,463.98 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $982,463.98. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council Meeting [Consent Agenda Item 2] January 19, 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 DD6885-DD6910 43814-43895 ACH ACH ACH rUOTAI, Amount Description $ 13,098.98 Payioll Taxes to IRS & MN Dept of Revenue 01/07/16 S 6,243.95 Payroll Retirement to PERA 01/07/16 $ 31,342.60 Payroll Dated (Direct Deposits) 01/07/16 $ 360,123.45 Accounts Payable 01/19/16 $ 64,381.25 Bond Payment, 2009A, 01/15/16 $ 73,185.00 Bond Payment, 2013A, 01/15/16 $ 434,088.75 Bond Payment, 2014A, 01/15/16 $ 982,463.98 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 S982,463.98. ATTACHMENTS: Accounts Payable — check registers Accounts Payable To Be Paid Proof List User: PattyB Printed: 01/13/2016 - 3:28 PM Batch: 002-01-2016 in -voice # Inv Date A wonnt Quantity Pint Date Description Reference Task Type PO # nose POLine AMAZONIN Amazon Inc 12/10/2015 2,071.93 0.00 01/19/2(116 Adult, teen, kids books and DVDs No 0000 206-450-5300-42500 Library Collection Maintenance 12/10./2015 450,48 0.00 01/19/2016 Operating supplies No 0000 206-450-5300-42000 Office Supplies 12/10/2015 31.16 0,00 01/19/2016 Programming No 0000 206-450-5300-42500 Library Collection !Maintenance Total: 7,553,57 AMAZONIN Total: 2,553.57 AMDAHL Chris Amdahl Locksmith, Inc 12104 17/25/20 15 673.90 0.00 01/19/2016 Lock installation No 0000 101-430-3100-44010 Repairs/Maim Bldg 12104 Total: 673.90 AMDAHL Total: 673.90 AMERICAN American Eng and Testing, Inc. 90131 12/31/2015 803-000-0000-22910 Developer Payments 90131 Total: 90400 12/31/2015 409-480-8000-43030 Engineering Services 90400 Total: AMERICAN Total: 652,50 0,00 01/19/2016 kVildflower at Lake Elmo 652,50 125,00 0.00 011912010 Eagle Point Blvd Street & Utility 125,00 777.50 BAKERPAT Baker Patricia 2015-17 01105/2016 645.31 0.00 0111912016 Contract hours - December 101-410-1520-43150 Contract Services 2015-12 01105/2016 1,290,63 0.00 0111 912016 Contract hours - December 601-494-9400-43150 Contract Services 2015-12 01.'05/2016 258.12 0.00 01/1912016 Contract hours - December 607-495-9450-43150 C'ontract Services AP - To Be Paid Proof List (01/)3/16 - 3:28 PM) (0)00(0100 No No No 0000 No 0000 No 0000 Page 1 Invoice 4 Ittv Date AIIIMUlt Quantity Pmt Date Description Reference 'lask Type PO # Close POLine 2015-12 01/05/2016 387,19 0,00 0 I/19/2016 Contract hours - December No 0000 603-496-9500-43150 Contract Set -vices 2015-12 Total: 2,581.25 I3AKERP AT Total: 2,581.25 BAK ERTAY Baker & Taylor 2013539(170 12/24/2015 269,42 0.00 01/19;2016 Teen adult kids books No 0000 206-450-5300-42500 Library Collection Maintenance 2013539070 Total: 269,42 2031488526 12/14/2015 2270.92 0.00 01/1912016 Tcen, adult and kid books No 0000 206-450-5300-42500 Library Collection 'Maintenance 20,31488526 Total: 2270,92 2031554655 12/30/2015 9.39 0.00 OH 0/2016 kids books No 0000 206-450-5300-42500 Library Collection Maintenance 2031554655 Total: 9,39 2031554656 12/30/2015 30.62 0.00 01/19/2016 teen books No 0000 206-450-5300-42500 Library Collection Maintenance 2031554656 Total: 30.62 2031554657 12.130/2015 1.769.33 OM 01/19/2016 teen adult kids books No 0000 206-450-5300-42500 Library Collection Maintenance 2031554657 Total: 1,769.33 304475140 12/17/2015 2,390.05 0,00 01119;2016 DVDs No 0000 206-450-5300-42500 Library Collection Maintenance 1304475140 Total: 2,390.05 1304965040 12/22/2015 22.19 0.00 01/1912016 DVDs No 0000 206-450-5300-42500 Library Collection Maintenance B04965040 Total: 27.19 B05983430 12/29/2015 19.97 0,00 01/1912016 DVDs No 0000 206-450-5300-42500 Library Collection Maintenance B05983430 Total: 19.97 K57226780 12/18/2015 118,89 0.00 01/19/2016 DV Ds No 0000 206-450-5300-42500 Library Collection Maintenance K57226780 Total: 118.89 K58012760 12/29/2015 28.67 0.00 01/19/2016 DVDs No 0000 206-450-5300-42500 Library Collection Maintenance K58012760 Total: 28.67 BAK ERTAY Total: 6.929.45 BOLTONME Bolton & Menk. Inc 01 85290 12/14P015 601-494-9400-4303(1 Engineering Services 0185290 Total: 0185291 12/1412015 409-480-8000-43030 Engineering Services 45.50 0.00 01/19/2016 Section 34 water No 0000 45.50 182.00 0.00 01/19/2016 39th Street No 0000 AP - To Be Paid Proof' List (01,713/16 - 3:28 PM) Page 2 InrOiCC Iiir Date Amount Qum) tity Pint Date De cripl ion Reference Type P() tt Close POLine 0185291 Total: 182.00 0185792 12/14/2015 14,265.00 0.00 01/19/2016 Wildflower at Lake Elmo No 0000 803-000-0000-2291 0 Developer Payments 0185292 Total: 14,265,00 0185293 12,14/2015 530.50 0.00 01/19/2016 Arbor Glen Senior Living No 0000 S03-000-0000-22910 Developer Payments 0185293 Total: 536.50 130LTONM E Total: 15,029.00 C A C Companion Animal Control. L LC Dec 2015 12/31/2015 500,00 0.00 01/19/2016 Animal control services - December 15 - No 0000 101-420-2700-43160 Impounding Dcc 2015 12/3112015 60,00 0,00 01/19/2016 Impound 7am-7pm - No MOO 101-420-2700-43160 Impounding Dec 2015 12/31/2015 45.00 0.00 01/1972010 Impoung 7pm-7am No 0000 101-420-2700-43160 Impounding Dec 2015 Total: 605,00 C A C Total: 605.00 CARQUEST Car Quest Auto Parts 69.38 0000 2055-367561 12/28/2015 0.00 01/19/2016 Parts - repairs No 101-430-3100-42210 Equipment Parts 2055-367561 Total: 69,38 C,ARQUES1Total: 69.38 COLDWELL Coldwell Banker Commercial 40300 12/07/20 I 5 109,88 0.00 01/19/2016 Building maintenance No 0000 206-450-5300-44010 Repairs/Maint Bldg 4(1800 Total: 109,88 COLDWELL Total: 109.88 COMPASS Compass Minerals 71432898 01f07/2016 4,394.84 0.00 01 /19!"0 I 6 Road salt No 0000 101-430-3125-42290 Sand/Salt 71432398 Total: 4,394.84 COMPASS Total: 4,394.84 CONFLUIN Confluence 15055MN 12/23/2015 3.500.00 0,00 01/19/20 16 Green parking lot plan. No 0000 206-450-5300-43030 Engineering Services 15055MN Total: 3,500.00 AP - To Be Paid Proof List (0 1/13/16 - 3:28 PM ) Page 3 invoice # Inv Date Amount Quantity Pint Date Description Reference CONFLUEN Total: 3,500.00 COORDIN Coordinated Business Systems AR1N110098 12/31/7015 101-4 I 0-1940-44040 Repairs/Main t Contractual Eqpt AREN 1 10098 Total: COORDIN Total: CTY B LOOM City of Bloomington Dec 15 12/29/2015 601-494-9400-42270 Utility System Maintenance Dec 15 Total: CI -Ye LOOM Total: Task Type PO # Close POLine # 20,12 0.00 01/19/2016 Waste tank No 0000 20.12 2012 31.50 0.00 CI I f 1912016 1.ab bacteria testing - December 31.50 31,50 No 0000 CTYOAKDA City 01:Oakdale December 12/31/20E5 4,500,00 0,00 01/19/2016 New Connections - water - December No 0000 601-000-0000-20303 WAC due Oakdale December Total: 4,500,00 CTYOAKDA Total: 4,500,00 CTYOAKDP City of Oakdale December 12/31/2015 4,436,79 0.00 01/19/2016 Witter meter - South Pit 12/01%15- No 0000 601-494-9400-43820 Water Utility 1/01/16 December Total: 4,436,79 CIYOAKDP Total: 4,436,79 EMMONS&O Emmons & Olivier Resources Inc 01271-0001-1 12/280015 1,000.00 206-450-5300-43030 Engineering Services ()I 271-0001-1 Total; 1,000.00 EMN1ONS&O Total: 1,000,00 0,00 01/19/2016 Coordinating parking lot design. No 0000 FOCUS Focus Engineering, Inc, 2411-2414 1.)/26r)015 85.75 0.00 01/19/2016 Building No 0000 101-420-2400-43030 Engineering 2411-2414 12/26/2015 1,591.25 0.00 01/19/2016 General No 0000 101-410-1930-43030 Engineering Services 2411-2414 12/26/2015 2,035.50 0.00 01/19/2016 Planning No 0000 101-410-19111-43030 Engineering Services 2411-2414 Total: 3,712.50 AP - To Be Paid Proof List (01/13/16 - 3:28 PM) Page 4 Invoice Inv Date 2415 12126/2015 601-494-9400-43030 Engineering Services 2415 12/26/2015 602-495-9450-43030 Engineering Services 2415 12/26/2015 603-496-9500-43030 Engineering Services 2415 Total: 2416 12/26/2015 409-480-8000-43030 Engineering Services 24 16 Total: 2417 17126/7015 601-494-9400-43030 Engineering Services 2417 17/26./2015 602-495-9450-43030 Engineering Services 2417 Total: 2418 12126/2015 602-495-9450-43030 Engineering Services 2418 Total: 7419 12:26/2015 601-494-9400-43030 Engineering Services 2419 Total: 2420 17/76,'7015 409-480-8000-43030 Engineering Services 2420 Total: 2421 17126/2015 601-494-9400-43030 Engineering Set -vices 2421 Total: 7427 12/26/2015 601-494-9400-43030 Engineering Services 2422 Total: 2423 12/76/2015 602-495-9450-43030 Engineering Services 2423 Total: 2424 12126/2015 409-480-8000-43030 Engineering Services 2424 Total: 2425 12/26/2015 409-480-8000-43030 Engineering Services 2425 Total: 2426 1706/7015 409-480-8000-43030 Engineering Services 2426 Total: 2427 1206/7015 60 I -494-9400-43030 Engineering Services 2427 Total: Atm-tont 911:01 tit)! Pini Date 1)e5criptioo Reference Tai:k Type PC) tt Close POLine 477.00 0,00 01/192016 Water No 0000 517.40 0.00 01/192016 Sewer No 0000 149.05 0„00 01119/2016 SW No 0000 1.138.45 29.50 0,00 01/19/2016 Transportation& Traffic No 0000 29.50 104.00 0.00 OW 9/2016 Section 34 Water No 0000 156,1)0 0,00 01/19/2016 Section 34 SC \\Tr No 0000 260.00 59.00 0.00 01/19/2016 CSAII 15 Corridor Mgnn No 0000 59.00 200.00 0.00 01/19/2016 LE Ave Trunk watermain No 0000 200,00 .5,733.25 0,00 01/19/2016 LE Ave Corridor Improvement No 0000 5,233.25 1,313.00 0.00 01/19'2016 Inwood Booster Station No 0000 1,313.00 280,00 0.00 01/19/2016 Inwood Trunk Waterinain No 0000 280.00 400.00 0.00 01/19/2016 39th St sewer No 0000 400.00 1,216,00 0.00 01/19/2016 Eagle Point Blvd No 0000 1,216.00 421.55 0.00 01/19/2016 CSAI1 13- Ideal Ave No 0000 421.55 1,008.00 0.00 01/19/2016 2016 Street Improvement No 0000 1,008,00 1,375.00 0.00 01/19/2016 Inwood water tower No 0000 1,375.00 AP - To Be Paid Proof List (01 /(3/16 - 3:28 PM) Page 5 !Ill'Oier2 11/1' Date 2428 1726/2015 602-495-9450-43030 Engineering Services 2428 Total: 2429 12/26.'2015 803-000-0000-22910 Developer Payments 2429 Total: 2430 12;20/2015 803-000-0000-22910 Developer Payments 2430 Total: 2431 12(260015 803-000-0000-2291 0 Developer Payments 2431 Total: 2432 17126/2015 803-000-0000-22910 Developer Payments 2432 Total: 2433 12/26/2015 803-000-0000-22910 Developer Payments 2433 Total: 2434 12/26/2015 803-U00-0000-22910 Developer Payments 2434 Total: 2435 12/26.'2015 803-000-0000-22910 Developer Payments 2435 Total: 2436 I 706/7015 803-000-0000-229 I 0 Developer l'ayments 2436 Total: 2437 12/26/2015 803-000-0000-2291 0 Developer Payments 2437 Total: 2438 12/26/2015 S03-0 -000(1-22910 Developer Payments 2438 Total: 2439 12/26/2015 803-000-0000-22910 Developer Payments 2439 Total: 2440 12/26/2015 803-000-0000-22910 Developer Payments 2440 Total: 2441 12/2612015 803-000-0000-22910 Developer Payments 2441 Total: 2447 12/26/2015 803-000-0000-22910 Developer Payments 2442 Total: AP - To Be Paid Proof List (01/13!16 - 3:28 PM) „A Mount Quantity Pint Date Deceription Refri-criec Task- Type PO # Close POLine # 894.06 0.00 01/19/2016 Village East Trunk Sewer - No 0000 894.06 45,00 0.00 0 li1912016 Lent= 194 Corridor No 0000 45,00 2,955,66 0.00 01/19/2016 Boulder Ponds No 0000 2,955,66 413,00 0.00 01./19/2016 Hammes No 0000 413.00 491.00 0.00 01/19/2016 Hunters Crossing No 0000 491.00 3.748.70 0.00 01/19/2016 Wildflower No 0000 3.748.70 4,962,64 0.00 01/19/2016 Village Preserve No 0000 4,962,64 13,160.21 0,00 01/19/2016 Easton Village No 0000 13.166.21 118,00 0.00 01119/2016 Village Park Preserve No 0000 118.00 177,00 0,00 01119/2016 Savona 2nd No 0000 I 77.00 2,284,48 0.00 01/19/2016 Hans Hagen No 0000 7,?84.48 1,017,16 0.00 01/19/2016 Hunters Crossing 2116 0000 1,017.16 2.249.26 0.00 01/19/2016 Savona 3r4 0000 '7;749.70 464.50 0.00 01/19/2010 Auto Owners No 0(100 464,50 1,608,53 0,00 01/19/2016 I SD 916 Eagle Point School No 0000 1,608,53 Page 6 iilVoit! Ti II1V Mae AMmInt Qufmtity pint Date Deccription Reference Ta.:k Type PO 4 Close POL:ine 4 2443 12/26/2015 1,239,00 0.00 01/19/2016 Arbor Glen Nfo 0000 803-000-0000-22910 Developer Payments 2-143 Total: i 239.00 2444 17/26/2015 59.00 0100 01119/2.016 Eagle Point Horne 2 Suites No 0000 803-000-0000-22910 Developer Payments 2444 Total: 59.00 2445 12/26/2015 504.00 0.00 01/19/2016 Savona 4tb No 0000 803-000-0000-229 I 0 Developer Payments 2445 Total; 504,00 FOCUS Total; 53,043.45 GI/ISL1NG Geislinger & Sons, INC Pay No 8 01/06/2016 00,924.22 0,00 01/1912016 39th Street - Sewer Rind No 0000 602-495-94.50-43030 Engineering Services Pay No 8 01/06/2016 10,034,54 0.00 01/19/2016 39t0 Street - Water fund No 0000 601-494-9400-43030 Engineering Services Pay No 8 01/06/2016 41,684.81 0.00 (11/19/2016 39th Street - Street fund No 0000 409-480-8000-43030 Engineering Services Pay No 8 Total: 112,643.57 GEISLING Total: 112,643.57 GKSERVIC G&K Services 1182462491 17/2312015 34.20 0.00 01/19/2016 Uniforms No 0000 101-430-3100-44170 Uniforms 1182462491 Total: 34.20 1182474018 12/30/2015 34.20 0.00 01/19/2016 Uniforms No 0000 101-430-3100-44170 Uniforms 1182474018 Total: 34,20 GKSERV IC Total: 68.40 HDSUPPLY HD Supply Watenvorks, Ltd. E953148 12/23/2015 29,025.80 0,00 0111912016 Meters No 0000 601-494-9400-42300 Water Meters & Supplies E953148 Total: 29,075.80 1E968360 12130/2015 10.38 0.00 01/19/2016 Meter parts No 0000 601-494-9400-42300 Water Meters & Supplies E968360 Total: 10.38 HDSUPPLY Total: 29,036,18 HP Hewlett-Packard Company 56742770 12129/2015 788.04 0.00 01/1912016 Equipment No 0000 101-410-1320-43180 information TechnologyiWeb AP - •Fo Be Paid_ Proof List (Oli (3;16 - 3:28 PM) Page 7 invoit...e. ft' 1nv 1/ate 56747770 12/29/2015 I 01-410-1520-43 180 Software Support 56742770 12/29/2015 601-494-9400-43 I 80 Soft ware Support 5674277(1 12/29/2015 602-495-9450-43 I SO Software Support 56742770 17/29/2015 603-496-9500-43180 Software Support 56742770 Total: HP Total: INNOVAT Innovative Office Solutions 1N1026710 17/29/2015 101-410-1910-42000 Office Supplies IN102671(1 Total: INNOVAT Total: Amon n t Quantity Putt Date 1.1o,4' rip tint? Reference Task l'ye PO # Close POI,ine ft 98.50 0.00 01/19/2016 Equipment No 0000 197.01 0.00 01/19/2016 Equipment - No 0000 39A 1 0.00 01119/2016 Equipment - No 0000 59.10 0.00 0 ,'1972016 Equipment No 0000 1,182.06 1..182.06 43.55 0.00 01/19/2016 Name Plates No 0000 43.55 43.55 JERRYS Jerry's Floor Store X641801 17/30/2015 2.683.00 206-450-5300-44010 Repairs/Maint Bldg X641861 12/30/2015 690,00 206-450-5300-44010 Repairs/Maim Bldg X641861 Total: 3,373,00 JERRYS Total: 3,373.00 0.00 01/ I 9/2016 Front room carnet 0.00 01/19/2016 Prep/skim Coat floor JOHNSON& Johnson & Turner Attorneys 47051 01/08/2016 I 5.00 0,00 01/19/2016 NI assagc License renewals 101-410-1320-43040 Legal Services 47051 Total: 15.00 47400 01/08/2016 135.00 0.00 01/19/2016 3M Litigation 101-410-1320-43040 Legal Services 47400 Total: 135,00 47429 01/08/2016 50.00 0.00 0 I/19/2016 Hammes 803-000-0000-229 10 Developer Payments 47429 Total: 50.00 47432.47616 0 /0812016 3.230,50 0.00 01/19/2016 Civil Matters 101-410-1320-43040 Legal Services 47432.47016 Total: 3,730.50 47465 01/0S/2016 472,50 0,00 01/1912016 Boulder Ponds 803-000-0000-22910 Developer Payments 47465 1 otal: 472,50 47466 01/08/2016 37.50 0.00 01/19/20 16 Riley Bros I 01-410-1320-43040 Legal Services - • - AP - To Be Paid Pmof List (01113/16 - 3:28 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 8 invoice !-1 Inv Date Amount Quantity Pm{ Date Deccription Reference Task Type PO 4 Close POLine 47466 Total: 37.50 47467 01;08/2016 470,50 0.00 01./19/2016 Halycon Cemetery No 0000 803-000-0000-22910 Developer Payments 47467 Total: 470.50 47469 01/0812010 150.00 0.00 01/19/2016 Arbor Glen No 0000 803-000-0000-2291(1 Developer Payments 47469 Total: 150.00 47617 01'08/2016 4,512,50 0.00 01 /19/2016 Prosecution No 0000 101-420-2150-43045 Attorney Criininal 47617 Total: 4,512.50 JOHNSON& Total: 9,073,50 kathfuel Kath Fuel Oil Service Co 539618 12/07/2015 556.61 0.00 01/19/2016 Fuel No 0000 101-430-3100-42120 Fuel, Oil and Fluids 539618 Total: 556.61 539619 2107/2015 663.16 0,00 01/19/2016 Fuel No 0000 101-430-3100-42120 Fuel, Oil and Fluids 539619 Total: 063,16 539623 12/(17/2(115 031,11 0.00 01/19/2016 Fuel No 0000 101-430-3100-42120 FucL Oil and Fluids 539623 Total: 631,11 542146 12/30/2015 521,39 0,00 01/19/2016 Fuel No 0000 101-430-3100-42120 Fuel. Oil and Fluids 542146 Total: 521.39 542147 12/30/2015 1,251.47 0.00 0111912016 Fuel No 0000 101-430-3100-42120 Fuel, Oil and Fluids 542147 Total: 1,251.47 542148 12/30/2015 393.73 0.00 01/19/2016 Fuel No 0000 101-430-3100-42120 Fuel, Oil and Fluids 542148 Total: 393.73 kathfuel Total: 4,017.47 KWI K Kv.,ik Trip Inc 00316313 1)1/05/2016 22.50 0.00 01/19/2016 Fuel - December No 0000 101-420-7270-42120 Fuel,. Oil and Fluids 00316313 Total: 22.50 KWIK Total: 22,50 LARSON Larson Diesel Service. Corp 151027001 10I27/2.015 8.48 101-430-3100-43 150 Contract Services 151027001 Total, 8,48 0.00 01.119/2016 Balance duc from invoice No 0000 AP - To Be Paid Proof List (01/13/16 - 3:28 PM) Page 9 Invoice # inv Date Amount Quantity Pint Date Description Reference Task Type PO Close POLine 151218001 12/18/2015 116.48 0.00 01/19/2016 Equipment repair No 0000 101-430-3100-43150 Contract Services 151218001 Total: 116.48 LARSON Total: 124.96 LL(OIL Lake Elmo Oil, Inc. 12/31/2015 269.77 0.00 01119/2016 Fuel - December No 0000 101-420-2220-42120 Fuel, Oil and Fluids Total: 269.77 LEOIL 269.77 Lillie Newspapers Inc. Lillie Suburban 007148 12/31/2015 42.32 0.00 01/19/2016 Notices No 0000 101-410-1320-43510 Legal Publishing 007148 Total: 42.32 Lillie Total: 42.32 LOFF Loffler Companies, Inc. 2142916 01/(14/2016 192.76 0.00 01/19/2016 Copy machine overage & base - No 0000 101-4 I 0-1940-44040 Repairs/Maint Contractual Eqpt December 2142916 Total: 192,76 LOFF Total: 192.76 MARONEYS Maroney's Sanitation, Inc 606430 01/05i2016 112.94 0.00 01/1 9/2016 Trash - City Hall No 0000 101-410-1940-4384(1 Refuse 606430 01/05/2(116 49.71 0.00 01/19/2016 Trash - Fire No 0000 1(11-420-2220-43840 Refuse 606430 01/05/2016 216.67 0,00 01/19/2016 Trash - PW - No 0000 101-430-3 [0(1-43840 Refuse 606430 01;05/2016 216,67 0.00 01/19/2016 Trash - Fire No 0000 101-420-2220-43840 Refuse 606430 01/05/2(116 49.89 0,00 01/1912016 Trasli - Library No 0000 206-450-5300-43840 Refuse 606430 Total: 645.88 MARONEYS Total: 645.88 METS.AC Metropolitan Council Decmher 2015 12/31/2015 39,760.00 0.00 01/19/2016 SAC due Met Council No 0000 602-000-0000-20802 SAC due Met Council Decniber 2015 Total: 39.760.(10 AP - To Be Paid Proof. List (.01/13/16 - 3:28 PM) Page 10 Invoice inv Date Amount Qoantisy nut Date Dcccription Reference rasl: Type PO Close POLine # Decipher 2015 -A 12131/2015 -397,60 0,00 01/19/2016 DQC 2015 Early Pay discount No 0000 602-000-0000-37220 SAC Early Pay discountlrevenue Deember 2015 -A Total: -397.60 NlETSAC Total: 39,369,40 M11.1.,EREX Miller Excavating, Inc, Pay no 5 19/31/2015 409-480-8000-43030 Engineering Services Pay no 5 'Total: [MI LLEREX Total: NEWMAN Newman Signs, Inc. T1-0289259 17128/2015 101-430-3100-42760 Sign Repair Materials TI-0982259 Total: NEWMAN Total: 8,431.16 0,00 0 LI9/2016 Eagle Point Blvd 8,431.16 8,431,16 1,193,76 0.00 01/19[2016 Signs 1, I 93.")6 1,193,26 No 0000 No 0000 NI EB UR Niebur Tractor & Equipment 01-512(13 19090015 377.80 0.00 01/1912016 Equipment repair No 0000 101-450-5200-44040 Repairs/Maint Eqpt 01-51203 Total: 377.80 01-51374 12fl9/7015 136.92 0.00 01/191201.6 Parts No 0000 101-450-5200-42210 Equipment Parts 01-51374 Total: 136.92 NIEBUR Total: 514,72 PETTYC1 Petty Cash - City Hall December 2015 12/31/2015 101-000-0000-11500 Accounts Receivable December 2015 Total: PETTYCI Total: PINKY Pinky's Sewer Service, Inc, 74363 P/1512015 206-45(1-5300-44010 Repairs/Maint Bldg 74363 Total: PINKY Total: 46.53 0,00 01/19/2016 Replenish Petty Cash 12/31/15 46,53 46,53 No 0000 100.00 0.00 01/19/2016 Putnpcd 2 tanks No 0000 100,00 100.00 AP - To 13e Paid Proof List (0 I/13/1(, - 3:28 PM) Page 11 invoice Inv Da te PR!ZM Prizin Electric 9668B 1231/2015 101-000-0000-3221(1 Building Permits 9668B Total: PRIZM Total: if1/4 mount Quantity Pint Date Dece rip tion Reference Task Type PO # Close P 73,60 0,00 01/19/2010 Refund Overpayment 10/0811 5 No 0000 73,60 73.60 RIVRCOOP River Country Cooperative 12/31/201.5 206.22 0,00 01119/2016 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids Total: 206.22 R1VRCOOP Total: 206.22 SAFEFAST Safe -Fast, Inc. 102579 121221'2015 98.00 0.00 01/1912016 Safety Parka No 0000 101-430-3100-44170 Uniforms 162579 Total: 98,00 SAFEFAST Total; 98.00 SHANECON ShaneCon, Inc 12/31/2015 5,488,00 0.00 01.119/2016 Library Renovations No 0000 206-450-5300-44010 Repairs/Maint Bldg Total: 5,488.00 SI-I AN ECON Total: 5,488,00 SNIITITSCH Smith Schafer 8.: Associates,LID 32129 12/3(1/21)15 2,825.00 0,00 01/19/2016 Interim billing - Annual Audit No 0000 101-410-1520-43010 Audit Services 32129 Total: 2,825,00 SM1THSCH Total: 2,825,00 STU BRAR Stillwater Public Library Dee ")(11 5 01104/2016 206-450-5300-44300 Miscellaneous Dec 2015 Total: STLIBRAR Total: 240.00 0,0(1 01/19/2016 Library Card Reimbursement 0000 240.00 240.00 STPAUL St Paul Stamp Works, Inc. 350776 12/31/2015 24.40 0.00 01/19/2016 Notary Stamp - 7.iertman - No 0000 I (11-4)0-1910-42000 Office Supplies 350776 Total: 24.40 AP - To Be Paid Proof List (01113116 - 3:28 PI\4) Page 12 invoice Inv Pate Amount Quan (it y Plitt J)ate Pe11)11m! Reference Type PO ft Close POI inc,t 24.40 STPA UL. Total: SUREVENT Sure -Vent Ltd I 5(166 ()1104/2016 317.35 0.00 0 1.'19/2016 rescue blade for saw No 0000 10 1 -420-'7220-42400 Small lools & Equipment 15066 Total: 317.35 SUR UVENT Total: 317.35 SWENSON Swenson hilene 12/3012015 31.05 0.00 01/1912016 Story, time supplies No 0000 206-450-5300-44300 1vliscellaneous 12/30,2015 74.47 11,00 01/19/2016 I 000 hooks before K supplies - No 0000 206-450-5300-44300 Miscellaneous Total: 55.47 SWENSON Total: 55.47 TASCFI T.A. Schifsky & Sons Inc 59271 12/31/2015 101-430-3120-42240 Street Maintenance Materials 59271 Total: TASCH Total: 162.90 0.00 01i19/2016 Asphalt 162,90 162.90 No 0000 WASHCONS Washington Conservation Dist. 3395 12/31/2015 556.75 0.00 01/19/2016 4th of 4 quarterly billings - Shared Edu No 0000 603-496-9500-44370 Conferences & Training 3395 Total: 556.25 WASHCONS Total; 556.25 WASH LI B Washington County Library 12/31/2015 206-450-5300-44300 Miscellaneous Total: WASH LIB Total: WASHTAX Washington County 4050629 12/31/2015 S03-000-0000-229 I 0 Developer Payments 4050629 Total: 4050630 12/31/2015 803-000-0000-22910 Developer Payments 2,154.00 0.00 01/19/2016 Library Card Reimbursement - Dec No 0000 2015 2,154.00 2,154.00 46.00 0.00 01119,2016 OP4 Agreement No 0000 46.00 46.00 0.00 0 I /19/2016 Hans Hagen Agreement No 0000 AP - To Be Paid Proof List (01113/16 - 3:28 010) Page 13 invoice 0 Inv !Hie 4050630 Total: WASHTAX Total: WATERCON Water Conservation Svs Inc. 6478 12/29/2015 601-494-9400-42270 Utility System Maintenance 6478 Total: WATERCON Total: WENDT Wendt Kevin CC 11'15115 01/05/2016 101-410-1110-44300 Miscellaneous CC 12/15/15 Total: WENDT Total: WHEATON Wheaton Joseph 20160102 (11/0212016 i0I-000-0000-20802 Electrical Permit Fees Pavable 20160102 Total: WHEATON Total: XCEL Xccl Energy 12/22/2015 101-450-5200-43810 Electric Utility 12/22/2015 602-495-9450-43810 Electric Utility P/22/7015 101-430-3160-43810 Street Lighting 12/27/7015 101-430-3160-43810 Street Lighting 12/22/2015 101-420-2220-43810 Electric Utility 12122/2015 101-410-1940-43810 Electric Utility 17/22/20 15 101-430-3160-43810 Street Lighting 12/22/2015 101-450-5200-43810 Electric. Utility E2172/2015 101-450-5200-43810 Electric Utility 1 -2./27/2015 101-450-5200-43810 Electric Utility !nowt! Ce!tt a it ty Pint Date Description Reference Task Type PO # Close PC/line 46.01) 92,00 273.00 0.00 01/1912016 3348 Lake Elmo Ave 273.00 273.00 1,337.50 1,337.50 1,337.50 0.00 01119/20 I 6 Parlimentarian Services 2,623.71 0.00 01/19/2016 Electrical Inspection Services Dec 2015 2,623,71 2,623.71 160,97 26.51 27.26 726,59 156.56 24.41 13.01 58,97 10.93 0.00 01/19/2016 Utility Services - December 0.00 01/19/2016 Utiliry Services - December 0.00 01/19/2016 0,00 01/19/2016 0.00 01/19/2016 0.00 1)1/19/2016 0.00 01/19/2016 0.00 01/1972016 0,00 01/19/2016 Utility Services - December Utility Services - December Utility Services - Decetnber Utility Services - December Utility Services - December Utility Services - December Utility Services - December 0.00 01/1912016 Utility Services - December No No No 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP -ToBe Paid Proof' List 0011(3/16 3:28 PM) Page 14 ilIVOiCe Inv Date Amount Qiialitity Pint Date Description Reference 12/22/2015 786,26 0.00 01'19/2016 Utility Services - December 601-494-9400-43810 Electric Utility 0 17/27/7015 43.73 ,00 0 I il9/2016 Utility Services - December 101-430-3160-43810 Street Lighting 12;22/2015 I 5 ),56 0.00 01119/2016 Utility Services - December 101-450-5200-43810 Electric Utility 12/22,2015 /1.6) 0.00 01719/2016 Utility Services - December 602-495-9450-438 0 Electric Utility 12/22/2015 17,90 0.00 01/19/2016 Utility Services - December 602-495-9450-43810 Electric Utility 12/22/2015492.29 0,00 01119/2016 Utility Services - December 101-420-2220-43810 Electric Utility 12/22/2015366.21 0.00 01/19/2016 Utility. Services - December 101-450-5200-43810 Electric Utility 12122/2015 1,845.62 0.00 01/19/2016 Utility Services - December 101-430-3 160-43810 Street Lighting 12'22/7015 29,34 0.00 01/19/2016 Utility Services - December 101-430-3160-43810 Street Lighting 12/22/201514,77 0.00 01/19/20 I 6 Utility Set -vices - December 101-450-5200-43810 Electric Utility 17722/7015 28.43 0.00 01/19/2016 Utility Services - December 101-450-5200-43810 Electric Utility 12/22/2015 1,619.72 0.00 01119/2016 Utility Services - December WI -430-3100-43810 Electric Utility 12/22/2015 169.71 0,00 01/19/20 I 6 Utility Services - December 60 I -494-9400-43810 Electric Utility 12/77/7015 12.79 0.00 017192016 Utility Services - December 101-430-3160-43810 Street Lighting 12/22/2015 489,92 0,00 01/19/2016 Utility Set -vices - December 206-450-5300-43810 Electric Utility 17/22/2015 195,89 0.00 01/19/2016 Utility Services - December 602-495-9450-43810 Electric Utility 12/22/2015 155.09 0.00 01119/2016 Utility' Services - December 601-494-9400-43810 Electric Utility, 1717).1)015 13.38 0.00 01/19/2016 Utility Services - December 101-45(1-5200-43810 Electric Utility 12/22/2(115 67.74 0.00 0 1119/2016 Utility' Services - December 10 L430-3160-43810 Street Lighting 12/22/2015 49.09 0.00 01/19/2016 Utility Services - December 10 I -430-3160-43810 Street Lighting 12/2r212015 1.113,10 0.00 01/19/2016 Utility Services - December 601-494-9400-43810 Electric Utility Total: 8.886.48 Task- Type PO 4 Close POLine No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Nn 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List O1/13/16 - 3:28 OM) Page 15 illvoice Inv Date XCEL Report `rotiii: Amount Qiianiity Pint Date Dewrip loti Reference 8.886.48 336,053.50 Task Type PO fl Close POLine AP - To Be Paid Proof List (01/13/16 - 3:28 PM) Page 16 Accounts Payable To Be Paid Proof List User: Patty B Printed: 01113/2016 - 3:40 PM Batch: 003-01-2016 Inyoice Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLin CARQUES lCar Quest Auto Paris 2055-367955 01/04/2016 101-430-3100-42210 Equipment Parts 2055-367955 Total: CARQUEST Total: 44 234.38 0.00 01/19/2016 Parts - repairs No 0000 234.38 234.38 COM CAST Comcast 12/27/2015 7.90 0.00 01/19/2016 Monthly Service - Jan 2016 No 0000 101 -420-2220-44300 Miscellaneous Total: 7,90 COMCAST Total: 7.90 COORD1N Coordinated Business Systems CNIN 199104 12/31/2015 123.75 0.00 01/19/2016 Maintenance - 1st qtr 2016 No 0000 101-410-1940-44040 Repairs/Main t Contractual Eqpt CN1N199104 Total: 123.75 COORD1N Total: 123.75 ECIMPUB LI ECM Publishers, Inc 01/01/2016 39.00 0.00 01/19/2016 Subscription - 2016 No 0000 206-450-5300-42500 Library Collection Maintenance Total: 39,00 ECM PUB Li Total: 39.00 EN4 ERGA t.JT Emergency Automotive Tech, Inc WC010516-4 01/05/2016 694.84 0.00 01/19/2016 Repairs - lights No 0000 101-430-3100-44040 Repairs/Main( Eqpt WC010516-4 Total: 694.84 EMI Total: 694.84 AP - To Be Paid Proof LiSt (0 1/13/16 - 3:40 PM) Page 1 Invoice # Inv Date Enriolit Enright Robert Bonus 01/11/2016 101-410-1450-43620 Cable Operations Bonus Total: Cable 1)I/11/2016 101-410-1450-43620 Cable Operations Cable Total: Enright Total: GKSERVIC G&K Services I 182485452 01/06/2016 101-430-3100-44170 Uniforms 1182485452 Total: GKSERV1C Total; HYDRO 11ydromethods 201601505 01/05/2016 803-000-0000-22910 Developer Payments 201601505 Total: HYDRO Total: 1AFC IAFC Membership 0022731 01106/2016 101-420-2220-44330 Dues & Subscriptions 0022731 Total: 'AFC Total: INNOVAT Innovative Office Solutions 1N1038300 01/07/2016 101-410-1320-42000 Office Supplies 1N1038300 1N1038301 01/07/2016 101-410-1320-42000 Office Supplies 1N1038301 01/07/2016 I 01-410-1520-42000 Office Supplies IN I 03S301 01/07/2016 101-410-1910-42000 Office Supplies 1N1038301 01107/2016 101-420-2400-42000 Office Supplies 1N1038301 Total: 1N10383112 01/08/2016 101-410-1320-42000 Office Supplies AP - To Be Paid Proof List (01/13116 - 3:40 PM ) Amount Quantity Pint Date Description Reference Task Type PO 4 Close POLine 4 25.00 0.00 01/19/2016 PC - Bonus 55.00 0.00 Old 9/2016 PC 1/11/16 25.00 55.00 80.00 34.70 0.00 01/19/2016 Uniforms 34.20 34,20 540.00 0.00 01/19/2016 ISD 916 School - SW review 540.00 540.00 259.00 259.00 259.00 249.00 249.00 6.20 4.85 146.60 136.55 29-4.20 0.00 01/19/2016 2016 Dues 0,00 Olil 9/2016 Paper (1.00 0.00 0.00 0.00 01/1912016 01/19/2016 01/19/2016 01/19/2016 Supplies Supplies Supplies Supplies 11.40 0.00 01/1912016 Supplies No No No No No 0000 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 2 Invoice # Inv Date Arnotint Quantity Pint Date Description Reference Task Type PO # Close POLine IN I 034302 01:)S/2016 2156 0.00 0 1/19/20 I 6 Supplies No 0000 101-410-1520-42000 Office Supplies INIO3S302 Total: 32.96 INNOVAT Total: 576,10 JAN IKI NG Jani-King of Minnesota, Inc MINOI 160402 01/01/2016 326.65 0,00 01/19/2016 Cleaning Service - CFI - Jan 2016 No 0000 101-410-1940-44010 Repait•s/Maint Contractual Bldg MUN01160402 Tou4: 326.65 JANIK(NU Total: 326,65 MENARDSO Menai-cis - Oakdale 95168 01/0672016 98.S1 0.00 01/19/2010 Shop supplies 101-430-3100-42150 Shop Materials 95168 Total: 98.81 98028 01/04/2016 166,46 0.00 01/19/2016 Building repair supplies 101-430-3100-42230 Building Repair Supplies 98028 'Fatal: 166.46 MENARDSO Total: 265.27 METCOU Metropolitan Council 1051051 01/05/2010 602-495-9450-43820 Sewer Utility - Met Council 1051051 Total: METCOU Total: METRO FI Merro Fire Chiefs Assoc 01107/2016 101-420-2220-44330 Dues & Subscriptions Total: METRO Ft Total: 1,289.5S 0.00 01./19/2016 Waste Water Services - Feb 1,289.58 1,289.5S No No 0000 0000 No 0000 100.00 0.00 01/19/2016 2016 Dues No 0000 100.00 100,00 MNFIREAS MN State Fire Dept Assn 01/06/2016 740.00 0.00 01/19/2016 2016 Dues 0000 101-420-2220-44330 Ducs & Subscriptions Total: 240,00 MNFIREAS Total: 240,00 AP - To Be Paid Proof List (01/13/10 - 3:40 PM) Page 3 Invoice Pe illy Date AIM-1111ft Quantity Pint Date Description Reference Task Type PO # Close POLine ft MNFIRECH MN State Fire Chiefs Assn 674 11125;2015 101-420-2220-44370 Conferences & Training 674 Total: 796 11/25/2015 101-420-2220-44370 Conferences & Training 796 Total: MNFIREC11 Total: 200.00 0.00 01/19/2016 Officer School - 2016 No 0000 200.00 200.00 0,00 01/19/2016 Officer School - 2016 No 0000 200,00 400.00 MORRJSSE Monisscy Builders LLC 2014-427 01/05/2016 5,000.00 0.00 01/19/2016 Refund Escrow - 4719 Olson Lake No 0000 803-000-0000-22900 Deposits Payable 2014-427 Total: 5,000.00 MORRISSE Total: 5,000.00 OVERDRIV OverDrive. Inc II-0032136 12/31/7015 5,000.00 0,00 01/19/2016 i/hooks and Hosting fees 2016 No 0000 206-450-5300-42500 Library Collection Maintenance H-0032136 Total: 5,000.00 OVERDRIV Total: 5,000.00 PF,RVIITWO PennitWorks 2016-0023 01/07/2016 1,495.00 0.00 01/1 9/2016 Permits & Inspect Software Support No 0000 I ()1-420-2400-43180 Information Technology/Web 2016 2016-0023 01/07/2016 595.00 0,00 01/19/2016 Contractor License Support 2016 No 0000 10 I -470-2400-43180 In faunal ion Technology/Web 2016-0023 01107/2016 595.00 0.00 01/19/2016 Geobase Support 2016 No 0000 101-420-2400-43180 Information Technology/Web 2016-0023 01/07/2016 595.00 0.00 01/1912016 Scheduler Software Support 2016 No 0000 1(11-420-2400-43180 Information Technology/Web 2016-0023 Total: 3,280.00 PERM 1TWO Total: 3,280,00 TDS TDS Metroconi - LLC 91.01 651-779-8882 01/13/2016 0.00 01/19/2016 Analog lines - Fire No 0000 101-420-2220-43210 Telephone 651-779-8882 01/13/2016 219.67 0.00 0 1. i 19/2016 Analog lines - PW No 0000 101-430-3100-43210 Telephone 651-779-8882 01/13/2016 84.06 0.00 01119/2016 Analog lines - Lift Station alarms No 0000 609-495-9450-43210 Telephone 651-779-8882 01/13/2016 44,03 0.00 01/19/2016 Alarm - Well House 2 No 0000 601 -494-9400-432 I 0 Telephone AP - To Be Paid Proof List 10 I /13/16 - 3:40 PM) Page 4 Invoice # Inv Date 651-779-8882 Total: TDS Total: Amount Quantity Pint Date liescriptioll Reference Task 1pe PO Close POLine 438.72 438.72 TOWNCTRY Town & Country Cleaning Co 116360 01411/2016 370.00 0.00 01119/2016 Cleaning - Library - Jan 206-450-5300-44010 Repairs/Mainl Bldg ! 16360 Total: 370.00 TOWN(JRY Total: 370.00 TRKUTI Truck Utilities Inc. 293368 01/0612016 55.14 0.00 01/19/2016 parts 101-430-3125-42210 Equipment Parts 293368 Total: 55.14 TRKUTI Total: 55.14 VALUEPUB Value Line Publishing. TLC _IL-1038484-16 12124/2015 206-450-5300-42500 Library Collection Maintenance JL-I 038484-16 Total: VALUEPUB WAS-SHER Washington County 82812 0 I /0812016 101-470-2100-43150 Law Enforcement Contract 82812 Total: WAS-SHER Total: No 0000 No 0000 7,270.00 0.00 01119/2016 Value Line Library Basic 2016 No 0000 7.770.00 2,270.00 634.22 0.00 01/19/2016 2016 Code Red Annual Fee No 0000 634.22 634.22 WASI1F1RE Fire Chiefs Association Washingion 01/0712016 50.00 0.00 01/19/2016 2016 Dues No 0000 10 i -470-2220-44330 Dues & Subscriptions Total: 50.00 WASHE IRE Total: 50.00 WASH -TAX Washington County 82770 01/0812016 743.64 0.00 0111912016 2016 Turth in Taxation No 0000 Mt 410-1320-43510 Legal Publishing 82770 Total: 743.64 WASHTAX Total: 743.64 AP - To Be Paid Proof List (01/13/16 - 3;40 PM) Page 5 I voice # Inv Dote Amount Quantity Pant Dote Description Reference Task Type PO # Clog(' POLine 4 WENDT Wendt Kevin CC 1;05/2016 01/05/2016 101-410-1110-44300 Miscellaneous CC 1/05/2016 Total: WENDT Total: Whiteani White Anita Bonus 01/0612016 101-410-1450-43620 Cable Operations Bonus Total: Cable 0110612016 101-410-1450-43620 Cable Operation Cable Total: Whiteara Total: Report Total: AP - To I3e Paid Proof List (011(3/16 - 3:40 PM) 937.50 0.00 01/19/2016 Parlimentarian Services 937.50 937.50 25.00 0.00 01/19/2016 CC 1/5/16 - Bonus 25.00 55.00 0.00 01/19/2016 CC 1/5/16 55.00 S 0.00 24,069.95 No 0000 No 0000 No 0000 Page 6 TI IE crry LAKE ELMO COU CIL CO U ICATIO DATE: January 19, 2016 CONSENT ITEM #3 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item ............ ........ ..... City Administrator Report/Presentation......... ..... ..................................City Administrator Questions from Council to Facilitates Call for Motion .......................... ..... .,..... ..... ............... ..... Mayor & City Council Discussion__ ..... ......... ..... .............................................. Mayor & City Council Action on Motion.................... ..... ............................................Mayor Facilitates SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through December 2015 outlining work perfonned on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Property splits/plats — 11 Sales collected and viewed — 17 Taxpayer inquiries — 7 Miscellaneous inquiries - 3 Inspections — Residential — 83; Commercial — 0 Building permit reviews — 33 Pictures taker — 93 Other work performed included: • Monthly meeting with County residential and commercial supervisors • Input of all inspection and pen -nit work -- page City Council Meeting [Consent Agenda Item #3] January 19, 2016 Perform sales verifications and land value analysis usingS and other resources Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the December 2015 monthly assessor report. -- page 2 -- TI 11 CITY (.)1: LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: January 1.9, 2016 CONSENT ITEM 4 MOTION AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Clark Schroeder, City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Item ....... ..... ..... City Administrator - Report/Presentation................................................City Administrator Questions from Council to Staff.......................... ...... ....... ...Mayor Facilitates Call for Motion ....................... ..... ......... ............. Mayor & City Council - Discussion ..... ...... ...... ....... . ........ . ..... ......... Mayor & City Council - Action on Motion..... ..... . ....... ............ ........ Mayor Facilitates SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through December, 2015. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 2015 2014 2013 New Homes 142 41 36 Total valuation $47,150,401. $19,968,275 $16,966,169 Average home value 332,000 487,000 471,282 Total Valuation YTD 52,514,158 30,340,315 20,939,966 ) One new home rebuilt in 2015 due to fire. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the December, 2015 monthly new home building pennit report. -- page 1 -- THE: (:ITY OF LAKE ELM() AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO DATE: CONSENT ITEM # Eagle Point Blvd Street and Utility Improvements - Ryan Stempski, Project Engineer Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director UNICATION January 19, 2016 Pay Request No. 5 SUG(;ESTEI) ORDER OF BUSINESS if removed from the Consent /agenda): Questions from Council to Stall' „.,....,....... ..... Mayor Facilitates Public Input, if Appropriate.. ...... .................... ...... ......Mayor 'Faci I i Imes Call for Motion ............ ..... ....... ...... ........... ....... .. Mayor & City Council Discussion.................. ........ ................... ...... ...... . ......... Mayor & City Council Action on Motion........... ..... ........ .......... .......... ..... ....... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving, as part gic the Consent Agencla, Pay Request No. 5 for the Eagle Point Boulevard Street and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 5 to Miller Excavating, Inc. in the amount of $8,431.16 for the Eagle Point Boulevard Street and Utility Improvements". City Council Meeting [Consent Agenda Gene 5] January 19, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Miller Excavating, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 5 in the amount of $8,431.16. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $50,030.00. RECOMMENDATION: Staff is recommending that the City Council consider approving, CIS part of the Consent Agenda, Pay Request No. 5 for the Eagle Point Boulevard Street and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 5 to Miller Excavating, Inc. in the amount of S8,431.16 for the Eagle Point Boulevard Street and Utility Improvements". ATTACHMENT(S): 1. Partial Pay Estimate No. 5. -- page 2 -- uo TOTALS NETCHANGE PROJECT PAY FORM wm��~0 PARTIAL �lK4��� ALPAYE ESTIMATE � N—����S ENGINEERING, inc. EAGLE POINT BLVD STREET & UTILITY IMPROVEMENTS PERIOD OFESTIMATE PRO]ECTOVVNER� CONTRACTOR. CITY OrLAKE ELw1O MILLER EXCAVATING, INC. 38V0LAVERNEAVENUE NORTH 3636STAGECOACH TRAIL NORTH LAKE sLx8O.MIN 55843 5T|LLmxATsK'KHm5508Z 4TTN.JxCK GRIFFIN, CITY ENGINEER ATTN:5TEVEST.CL4|R['PROJECT MANAGER CONTRACT CHANGE ORDER SUMMARY | PAY ESTIMATE SUMMARY Approval Amount �� 0�¢ Original No.Datp Additions Deductions Z.met Change Order Sum l 8/4/2015 $28'500I0 3.Revised Contract (l+2) Z 11/4/2015 4. *Work Completed 5.*5tored Materials 6.Subtotal (4+5) 7.Ret inage* 5.0% 8.Previous Payments $0{0 9.Amnunt Due (6-7'8) ($28,500.00) *De�0ed8�okdowmAupchcd [ONTRA[TT|K8E $1'249,494D9 '$28,500.00 $1,220'994.09 $1,000'600.01 $O�00 - $1,000,600.01 $50/J3O.0V $942'138.85 $D/W1-16 ' START DATE: 7/31/2015 ORIGINAL DAYS 320 ON SCHEDULE � SUBSTANTIAL COMPLETION: 11/6/2015 REVISED DAYS 0 YES � p|mxL CoMpLsnVm, 6/15/2016 REMAINING 167 NO ENGINEER'S CERTIFICATION: FOCUS Engineering, inc, The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown inthis estimate are correct and the work has been performed inaccordance cma/mssn with the contract documents. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that *othe best oftheir knowledge, information and belief the work covered hvthis payment estimate has been completed inaccordance with the contract BY documents, that all amounts have been paid bvthe contractor for work for which previous payment estimates was issued and payments owrE '",eivedf,om the owner, and that current payment shown herein i, CITY OF LAKE ELMO, MINNESOTA BY II IF CITY Or LAKE ED 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AypR & COUNCIL co UNICATION DATE: CONSENT ITEM # January 19, 2016 39111 Street North: Street and Sanitary Sewer Improvements - Change Order No. 5 Chad lsakson, Project Engineer Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF' BUS! N FSS (ifremoved from the Consent ,/igendi_11: - 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: $2,436.00. 6 This change order increases the contract amount for the project by $2,436.00 bringing the revised construction contract to $2,077,958.80. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving, as part of the consent agenda, Change Order No. 5 for the 39'h Street North: Street and Sanitary Sewer Improvements, thereby increasing the contract amount by $2,436.00. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Change Order No. 5 for the 39th Street North: Street and Sanitary Sewer Improvements thereby increasing the contract amount by $2,436.00." pag City Council Meeting January 1.9, 2016 LEGISLATIVE 11 STORY/BACKGROUND INFORMATION,: 61 This change order is being processed at the request of the City to remove and replace concrete curb and gutter as a part of the 39th Street project. The toe of approximately 80-feet of curb was damaged over the course of winter from winter maintenance operations. This type of damage is typical along new street construction when the wear course is placed the following season, leaving a concrete edge exposed to plows. This construction technique is typical and occasionally will result in some curb replacement being required. The replacement cost is lower than the cost to place a protective bituminous ramp. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the consent agenda, approving Change Order No. 5 for the 39'11 Street North: Street and Sanitary Sewer Improvements, thereby increasing the contract amount by $2,436.00. If removed from the consent agenda, the recommended motion for the action is as follows: "Jtove to approve Change Order No. 5 for the 3911? Street North: Street and Sanitary Sewer Improvements thereby increasing the contract amount by $2,436.00." ATTACHMENT(S1: . Change Order No. 5 -- page 2 -- CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA 39TH ST N: STREET AND SANITARY SEWER IMP PROJECT NO. 2014.131 F S C S ENGINEERING, inc. CHANGE ORDER NO. 5 DATE: January 7, 2016 TO: GEISLINGER & SONS, INC, 511 CENTRAL AVE S, PO BOX 437, WATKINS, MINNESOTA 55389 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 at the request of the City to remove and replace damaged concrete curb and gutter as a part of the 39th Street project. The toe of approximately 80-feet of curb was damaged over the course of winter from winter maintenance operations. This type of damage is typical along new street construction when the wear course is placed the following season, leaving a concrete edge exposed to plows, This construction technique is typical and occasionally will result in some curb replacement being required. The replacement cost is lower than the cost to place a protective bituminous ramp. Attachments (list documents supporting change): ITEM DESCRIPTION OF PAY ITEM C05-1 CONCRETE CURB REPLACEMENT None UNIT QTY UNIT PRICE INCREASE/(DECREASE) LF 80 $30.45 $2,436 00 NET CONTRACT CHANGE $2,436.00 Amount of Original Contract 1,760,458,80 Sum of Additions/Deductions approved to date (CO Nos. 1, 2, 3, 4) 315,064.00 Contract Amount to date 2,075,522.80 Amount of this Change Order (ADD) (DEDUCT) (NO-4.1ANGE) $ 2,436.00 Revised Contract Amount 2,077,958.80 The Contract Period for Final Completion will be (UNCHANGED) (INGREASED) (DECREASED) APPROVED BY ENGINEER: FOCUS Engineering, inc. ENGINEER 1/7/2016 DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA APPROVED BY CONTRACTOR cotAA (1) BY / Z DATE BY BY DATE DAT' days FOCUS Engineering, inc. CITY OF \KE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO UNICA TIO DATE: January 19, 2016 CONSENT ITEM # 7 39th Street North: Street and Sanitary Sewer Improvements — Compensating Change Order No, 6 Chad Isakson, Project Engineer Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS (if remuyed from the Consent Agenda): - Questions from Council to Staff ........ ......... ..... ........ Public Input, if Appropriate......„.......................... . Call for Motion ...... . ...... ......... ..... ...... Discussion........................ ...... ..... ....... Action on Motion ....... ....... ........... ...... . ...... ........... POLICY RECOMMENDER: Engineering. Mayor Facilitates ...... Mayor Facilitates Mayor & City Council Mayor & City Council ....... Mayor Facilitates FISCAL IMPACT: Decrease of $91,829.54 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 $91,829.54. The final construction contract amount is $1,986,129.26. SUMMARY AND ACTION REOUESTE,D: The City Council is respectfully requested to consider approving, (IS part of the consent agenda, Compensating Change Order No. 6 for 39th Street North: Street and Sanitary Sewer 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. 6 for the 39" Street North: Street and Sanitary Sewer Improvements thereby decreasing the final contract amount by $91,829.54." -- page 1 -- City Council Meeting[Consent Agenda Item 7J January 19, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Geislinger & Sons, Inc. was awarded a construction contract on August 26, 2014 to complete the 39th Street North: Street and Sanitary Sewer hnprovements. 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 current contract amount for this change order is 591,829.54 as detailed on the attached itemization. The primary areas of decreased pay items include restoration required to complete the improvements. RECOMMENDATION: Staff is recommending that the City Council consider, as part o he Consent Agenda, approving Compensating Change Order No. 6 for the 39th Street North: Street and Sanitary Sewer Improvements thereby decreasing the final contract amount by $91,829.54. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve Compensating Change Order No. 6 for the 39' Street North: Street and Sanitary Sewer Improvements thereby decreasing the final contract amount by $91,829.54." ATTACHMENT(S): . Compensating Change Order No. 6 -- page 2 -- CONTRACT CHANGE ORDER FORM 39TH ST N: STREET AND SANITARY SEWER IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.131 ENGINEERING, inc. CHANGE ORDER NO. 6 DATE: January 7, 2016 TO: GEISLINGER & SONS, INC, 511 CENTRAL AVE S, PO BOX 437, WATKINS, MINNESOTA 55389 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 pald for the actual fin& 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, Thls compensating change order reflects a net decrease to the contract amount by $91,829.54. The primary areas of decreased pay items include restoration required to complete the improvements. Attachments (list documents supporting change): Line Itemization ITEM DESCRIPTION OF PAY ITEM *See attached itemization for Change Order items UNIT QTY UNIT PRICE INCREASE/(DECREASE) (591,829.54) NET CONTRACT CHANGE ($91,829.54) Amount of Original Contract Sum of Additions/Deductions approved to date (CO Nos. 1, 2, 3, 4, and 5) Contract Amount to date Amount of this Change Order (AGO) (DEDUCT) Revised Contract Amount The Contract Period for Final Completion will be (UNCHANGED) CREASED) APPROVED BY ENGINEER: FOCUS Engineering, inc. APPROVED BY CONTRACTOR ' I ENGINEER BY 1/7/2016 DATE DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY BY DATE DATE $ 1,760,458.80 317,500,00 2,077,958.80 (91,829.54) 1,986,129.26 days FOCUS Engineering, inc. CHANGE ORDER FORM COMPENSATING CHANGE ORDER NO. 6 39TH ST N: STREET AND SANITARY SEWER IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.131 ITEM DESCRIPTION OF PAY ITEM PART 1- SANFTARY SEWER 8' PVC SANITARY SEWER, SOR 26, 2025' DEEP 2 107 PVC SANITARY SEWER, SOB 26, 16' . 20' DEEP 3 10" PvC SANITARY SEWER, SDR 26, 20' - 25' DEEP 4 12" PVC SANITARY SEWER, SDR 26, 15 20' DEEP 12" PVC SANITARY SEWER, SDR 26, 20' - 25' DEEP 6 10" PVC SANITARY SEWER. SDA 26, iN CASING -7 12' PVC SANITARY SEWER, SDR 26, IN CASING 8 20" 93161 CAsiNG PIPE (lACK/AUGERM 9 24" STEEL 1A54N0 6111 iAcK/AUGEREDI 10 139PE FouNDATioN RoCK 11 TELEviSING 12 4' DIAMETER SANITARi SEWER MH 13 4' DIAMETER EXCESS mANHOLE DEPTH 14 1.006' EvC WYE, SOR 26 15 12"66" PVC wYE, SDR 26 16 6' PvC SCH 40 SORTARY SEWER RISER 17 6" PVC SCH 40 SANISARY SEWER SERVICE 18 PRECAST CONCRE CE IERSEY BARRIERS Al HIGHWAY 514006G PITS 19 PRECAST CONCRETE JERSEY BARRIERS AT HIGHWAY 17 AGEING PITS 20 CROSS EXISTING WATER SERVICE 21 EXPLORATORY DIGGING SUBTOTAL - PART 1 F 1 CUS ENGINEERING, inc. CONTRACT TOTAL T DATE COMPENSATING CO $26 UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT NET CHANGE AMOuNT IP 62 5125.00 $7,750.00 153 0 519,125 Do 91.00 511.375 Do LF 1,025 587 00 589,175.50 1,054,0 591,698.00 29,00 52,523,00 LE 315 589.00 528,095.00 284.0 525,276.00 .31.00 -52,759,00 LE SOO 592.00 $46,000.00 4950 545,540,00 1.0,0 '546E700 LE 630 594,00 559,220.00 632.0 $59,403.00 2.00 S 188,00 LE 100 540,00 54,000,00 100.0 54.000,00 0.00 1000 if 120 545.00 $5,400.00 120.0 $5,400.00 000 2000 1F 100 5525.00 $52,500.00 100.0 552.500 00 0,00 50.00 LF 120 5535.00 564,200.00 1200 $64,100.00 0 00 50.00 LE 1,400 50 10 5140.00 118.0 $11.80 -1,282,00 -5125.20 LE 2,850 52.00 55,700.00 2,850.0 $5,700.00 0.00 50,00 EA 12 53,000.00 536,000.00 12,0 536000.00 000 50 00 LE 140 5125.00 517.50001 117.7 514,712.50 -22,30 ,53,78 750 EA 6 5400.00 52,400.00 60 52,40000 000 50.00 EA 4 5460 Da 51.840.00 60 $2.760.00 2,00 5920.00 LF 85 535,00 52,975,00 1180 $4,130.00 33,022 $1,155.00 21- 400 532.00 512,800,00 389,0 512,448.00 -1100 -5352.00 LS 1 54,50000 54,500.00 1.0 54,500.00 0,00 50.00 Ls 1 $4,500.00 $4,500.00 1.0 64.500.00 0.00 $0.00 EA 7 5450.00 53,150 00 7.0 53,150.00 0.00 2000 HR 5 5500 00 52,500.00 00 50.00 •5,00 -52,500,00 5450,285.00 5457,459.30 57,174 30 PART 2 WATERMAIN 1 TEMPORARY WATER SYSTEM LS 1 51,500.00 51,500.00 10 01,530.00 0 5000 2 CONNECT TO EXISTING 87 WATER MAIN EA 3 530000 52,700.00 1.0 5900 00 1 -515100.00 3 CONNECT TO EXISTING 8. WATER MAN EA 1 5950.00 59S-0.00 1.0 5950.00 0 50,00 4 CUT IN 5" X 8" RE EA 1 $2,500.00 $2,600.00 0,0 50.00 4 •52.611000 5 REMOVE' AND DISPOSE Of EXIST NG GATE VALVE & BOX EA 3 51,50000 $4,500.0E3 0.0 50.00 5 4,500.0o 6 REMOVE AND REPLACE 6" GATE VAEVE & BOX EA 4 53,400.00 $13,600 00 4,0 5E3,60000 50.00 7 REMOVE AND REPIACE 8" GATE VALVE & BOX EA 11 53,900,00 541,900.00 10.0 $39,000.00 -1 -$3,500 00 8 REMOVE AND DISPOSE OF EXISTiNG HYDRANT EA 5 $760.00 53,800.00 30 52.280,00 .2 -51.520,00 9 6" DIP CL. 52 WATER MAIN LF 70 546.00 $3.220.00 30.5 51,403.00 -40 .51,517.00 10 85 DIP a. 52 WATER MAIN 1,5 30 553 00 S1,590 00 88.0 54.664,00 58 53.074.00 11 6" GATE VALVE AND BOX EA 4 51,450.00 55,800 00 1 0 51,420 00 -3 -$4,350,00 12 HYDRANT EA 5 54,000 00 520,000.00 00 $12,000.00 -2 -55,000 DO 13 VALVE BOX EXTENSION LF 2 526000 5536.00 0.0 $0.00 -2 -553000 14 HYDRANT EXTENSION LF 1 $600.00 5600.00 0.0 50.00 -1 -$600 Du 15 DUCTILE IRON FITTINGS LB 100 510.00 $1,000.00 94 0 $94000 .6 .560.00 SUBTOTAL - PART 2 5105.280.00 $73,687.00 -$26,593.00 PART 3 - STORM SEWER 1 REMOVE AND DISPOSE OF EXISTING STORM SEINE R LF 920 510.00 $9,100.00 902.0 59,020,00 -8 .58E20D 2 REMOVE AND DISPOSE OF EXISTING STORM SEWER MANHOLE EA 8 5400.00 53,200 00 8,0 $3.200.00 0 500.0 3 POTHOLE EXISTING WATER MAIN EA 7 5450.00 51.150.00 30 53,150 Do $0.00 4 127 RCP STORM SEWER, CLASS 5 LF 70 540,00 52,800.00 70.0 S2,800.00 $0.00 5 15" RCP STORA4 SEWER, CLASS 5 LF 591 541 OC S37,422.00 803.0 $37,422.00 50.00 6 18" RCP STORM SEWER, CLASS 5 LE 236 $45.00 $10.620.00 236.0 $10,620 00 5000 7 24" RCP STORM SEWER, CLASS 4 LF 369 $62.00 $22.578.00 369,0 522.878 DO 0 50,00 8 12' RCP FLARED END SECTION INC1 TRASH GUARD EA 2 $900 00 $1,864.00 2.0 51,800,00 0 00.06 9 18" RCP FLARED END SECTION 1NCL TRASH GUARD EA 2 $1,050.00 $2.100.00 2.0 52,10000 5000 10 24" RCP FLARED END SECTION MU TRASH GUARD EA 1 $1,400330 51,400 00 1.0 51,48000 50.00 11 RIP RAP, CLASS 3 CY 5115 oo $92000 120 $1,390.00 4 $460 00 12 20E3' CATCH BASIN EA 52,100.00 56,30300 3,0 56.300.00 0 0000 13 4' DIA CATCH BASIN/MANHOLE EA 5 $2,500.00 512,500 00 00 $12,50000 0 $0.00 14 5 Dm C,ATCH BASIN/MANHOLE EA 2 53,600.00 57,200.00 26 57,200.00 0 50 Do 15 52 DIA CATCH BASiN/MANHOLE WI SUMP EA 54,350.00 $4,350.08 1.0 $4,350.00 0 50.00 15 BULKHEAD 15" RCP STORM SEWER EA $125.03 5125.00 1.0 5125 Da 0 50.00 17 BULKHEAD 18' RCP STORM SEWER EA 5150 00 5150 00 1.0 SI5064 0 50.00 18 111418HEAD 36" RCP STORM SEWER EA 1 5225.00 $225,00 1.0 5225.00 0 $0.00 19 INLET PROTECTION EA 12 5176.00 52,100,00 3,0 55E5.00 -9 .51,575.00 20 INSULATION SY 30 530.00 595000 24.0 5720.00 • 6 .$180.00 21 POND EXCAVATION EP# CY 420 510.00 54,20000 420.0 $4,200,00 0 $0.00 22 INFILTRATION SWALE EXCAVATION EPi CY 675 510.00 55,750.00 0,0 56.00 .675 -56,750 00 23 SEED MIX 330 AND HYDROMURCH SY 1600 $2,75 $4,400 00 0.0 50,00 -1,600 .54,400.00 SUBTOTAL • PART 3 5144,590.0D 5112,06800 -$12,525.00 PART 4 - STREET iMPROVEMENTS 1 MOBILIZATION LS $90,000 00 $90.000.00 1.00 $90,00000 000 50.00 1 TRAFFIC CONTROL 15 59,000 00 59,000.00 100 $9,000 00 0,00 5064 CONTRACT ITEM DESCRIPTION OF PAY ITEM UNIT - CIUANT€i5 UNIT PRICE AMOUNT QUANTITY 3 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 3 $ 1,200.00 $3,600.00 1.00 4 CLEAR AND GRUBTR£ES AND BRUSH L5 .1 $4,50000 54,500,00 100 5 TEMPORARY ACCESS GRADING LS 1 52,000.00 S2,000.00 1,00 6 TEMPORARY ACCESS AGGREGATE BASE CLASS 5 TN 60 530.00 51,800 00 6000 7 TEMPORARY ACCESS MAINTENANCE HR 10 5125.00 $1,250,00 1000 8 REMOVE TEMPORARY ACCESS L5 I 51,500.00 51,50000 1.00 9 REMOVE AND DISPOSE OF EXISTING CONCRETE CURS AND GUTTER LF 290 5600 $1,740.00 290.00 10 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT SY 9160 52,00 518,370.0o 4,487.00 11 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT{DRIVEWAYS) SY 335 54.00 51,34000 300,00 12 REMOVE AN0 DISPOSE OF EXISTING LIGHT BASE EA 4 5100.00 51,200 n0 0 00 13 SALVAGE AND NIL45TA11 SIGN EA 8 $200 D0 51,600.00 0.00 14 SALVAGE AND REINSTALL MAIL 0ROP8OX EA 1 5250.00 $250.00 000 IS SALVAGE AND REINSTALL R8'TAINING WALL LS 1 $7,500.00 $7,500 n0 0.00 16 SAWCUT SITL7MINOUS PAVEMENT I F 200 53.00 110000 200,00 17 COMMON EXCAVATION(P7 CY 7750 59,00 559,750.00 7,15000 18 SUBGRADE CORRECTION t£V) CY 340 512.00 $4,080,00 246,00 13 SUE/GRADE PREPARATION R5 74,34 5465 00 $11,318.10 24,34 20 4" PERFORATED PVC DRAIN ME WITH AGGREGATE AND WRAP LE 1000 512.00 $12,000.00 980.00 21 AGGREGATE RASE CLASS 5 TN 6380 510.50 $66,99000 6,379.98 22 SELECT GRANULAR BORROW (Pi CY 4090 510 00 $40,900.00 4,485.00 23 TYPE 59 9 5 BITUMINOUS WEARING COURSE MIXTURE {2,8) [SPWEA23085 (20151 TN 800 566,50 553,200.00 785,36 24 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (7,8i ESPNW 82308) TN 1335 $57 75 677,096.25 1,290 50 ZS BITUMINOUS MATERIAL FOR TACK COAT GAL 565 $2.00 51,130.00 32500 26 00417NT MIT CASTING • .STEEL RING Ron? EA 12 5450.00 55,40000 0,00 27 ADIUST VALVE SOX{20151 EA 20 S250W $500000 0.00 28 8624 CONCRETE CURS AND GUT7 ER LF 4310 510.77 546,418.70 4,465.00 29 8612 CONCRETE CURB AND GUTTER LF 105 514.80 $1,55400 43.00 30 CONCRETE PEDESTRIAN RAMP EA 12 5420 00 55.040.00 12 00 31 5' CONCRETE SIDEWALK 5F 13110 53.50 545,885.00 12,840.00 32 8" COMMERCIAL CONCRETE DRIVEWAY PAVEMENT(HIGH EARLY] SY 840 $70.00 $23,80000 339,00 33 6' CONCRETE FLUME SY 35 550.00 $1.750.00 60.00 34 TRUNCATED DOME PANELS 5F 168 542 00 57,056.00 160,00 35 81TUM1N0115 DRIVEWAY PAVEMENT 5Y 105 550.00 55,250.00 26000 36 0191099.581TUM4NOUS NEARING COURSE MIXTURE- TRAIL 12.87 (SPWEA230N TN 270 $65.00 517,55000 26491 37 SODDING SY 5000 54 25 521,250,00 4,295.00 38 iMMPOR1 AND PLACE TOPSOIL SORROW {CV) CY S00 535.00 S17,500,00 783,00 39 SEED &EROSION CONTROL BLANKET 5Y 2000 $3.25 $6,500.00 646,00 40 SEED 013YOROMULCtt SY 5500 S2.15 511,82500 3806,00 41 SILT FENCE, TYPE MACHINE SEWED LF LOGO 51,95 51,950.00 0,00 42 SILT FENCE, TYPE FLOATING LF 30 522,50 $675.00 0,00 43 DITCH CHECK - BORON If 200 55 75 51.1550 00 30.00 44 STREET SWEEPING H9 15 S125.00 $1,875,01/ 000 45 SIGN PANELS, TYPE C SE 6 545,00 528125 0,00 46 4" 00UB1E SOLID YELLOW LINE, EPDXY LF 2270 51.50 $3.405 00 2,27400 47 4" SOLID WHITE LINE, EPDXY LF 110 $0.75 582,50 110.00 48 RIGHT TURN ARROW, TAPE EA k $845.00 $845.00 100 SUBTOTAL • PART 4 5714,706.80 54,500.00 52.000.00 $1.800,00 51,250.00 51.500 00 51,740.00 518,973 00 $1,200.00 50.00 50.00 50,00 50.00 $600.00 $69,750.00 52,592.00 511,318.10 511,760.00 566,989.79 $44,850 00 562,226 44 573 526.38 3050.00 50 00 5000 $48,088.05 5636.40 55,040.00 544,940,00 $23,730 00 53,000.00 56,720,00 $8,000.00 517,219.15 518,253 75 527 405,00 $7.099.50 58.1.82.8u 50,00 50.00 517250 80.00 5000 $3,411.00 675 00 5845 00 5686.244.96 TOTAL TO DATE COMPENSATING CO 00 AMOUNT NET CHANGE AMOUNT -2,00 .52.400.00 0.00 50 00 0.00 50.00 0.00 $0.00 0.00 50 00 0,00 50 00 0.00 50.00 322,00 5654,00 -35,00-$140.00 -4,00 G51,200.00 -8,00-$1,600.00 -1.00-$25000 -1.00 '57,50000 0.00 50.00 0.00 $0.00 -124,00 -51,488.00 0.00 50.00 -20.00 -524u,00 -0.02 .5021 395.00 $1,950.00 .14.64 -$973.56 -4450 -$2,56988 240.00-5480.00 -12.08 -66,40000 -20.00 .$5,000,00 166.00 51,669 35 -82 D0-5917.60 0.00 $0.00 -270.00 -$945 00 -1.00-$70.00 2500 $1,26000 -8.00 -5336.00 55.00 52,75000 -5.09-5310.8S -705.00 -52.996,25 283.00 5%90500 .• 1,354.00 .$4,400 50 -1.694,00 -53,842.10 -1,000.00 $1,950,00 -30.00 .5675 CA -110.00 .$977.50 -15.00 -51,875 00 -6.25-$281.25 4.00 $6.00 -10.00 ,6750 0.00 50.00 -$28.461,84 ALTERNATE NO. 1 - SANITARY SEWER SOUTH Of TH 5 1 CLEAR AND G11U8 TREES AND BRUSH LS 1 $4,000 n0 54,00000 1.0 54,000.00 0 5000 2 REMOVE ANO DISPOSE OF EXISTING STORM SEWER 1P 20 $10.00 5200.00 0.0 $n,00 -20 -5700.00 3 FAITH GRAVEL DRIVEWAY TN 200 62000 53,00000 G0 5000 .200-54,000,00 4 18" CM9 DRIVEWAY CULVERT LF 20 $4500 5900.00 0,0 50,00 -20 '5900.00 5 I8" CMP FLARED ENO SECTION EA 2 548000 5960.00 0.0 50.00-$960.00 6 15" PVC SANITARY SEWER, 50R 26, 15'-20' DEEP lT 625 $94.00 $55.75000 625.0 559,750.00 0 50.00 7 15" PVC SANITARY SEWER, SOR 26, 20' 25' DEEP LF 1255 596.00 $120,481, 00 1,2550 5120,490.00 0 50.00 8 14" PVC SANITARY SEWER, CMS DR 25. 1N CASING LE 154 54000 56,560,00 164 0 56,560.00 0 50.00 9 14' PVC SANE CARY SEWER, C005 DR 25, 211'-25' DEEP LF 20 $76.00 51.52000 20.11 $1,52000 0 5080 10 28" STEEL CASING PIPE (IACIE/A73GERED) LF 164 $565.00 592,660.00 60.0 533,900.00 101 .558,760.00 14 PIPE FOUNDATION ROCK LF 1000 50.01 $10.00 0.0 So 01 -1.000-510.00 12 TELEVISING LF 2061 52.00 $4.127.00 2,061.0 54,122 00 0 S0.00 13 4 DIANE( ER SANITARY SEWER 5174 EA 8 53,200.00 525,600.00 80 $25.600.00 0 56,00 2.4 4- DIAMETER EXCESS MANHOLE DEPTH LF 115 6125 D0 514,375.00 109,2 $13,660,00 .6-$725.00 15 SOIL DECOMPACTION AC 5 51,200,00 56,000,00 0.0 50.00 .5-56,000.00 16 SRLT FENCE, TYPE MACHINE SUCED LT 300 51 95 5585.00 0.0 50.00 .300 $585.00 17 SEED AND BLANKET SY 1500 53.25 $4.875,00 0.0 5001 .I,500-$4,875 011 SUBTOTAL - ALTERNATE NO 1 $345,597.00 6268,582.00-177,015.00 TOTALS - BASE CONTRACT $1,760,458.40 $1,623,038.26-$137,420.54 CHANGE ORDER NO.1 C01.1 CONNECT -TO EXISTING 6"WATER MAIN EA -2.0 59110 CO -51,800.00 0.0 $0,00 2 $1,600.00 COY 2 CONNECT TO EXISTING 8" WATER MAIN EA 2.0 6950,00 51,900.00 2 0 51,000.00 0 50.00 C01.3 CONNECT TO EXISTING 16" WATER MAIN EA 1.0 51,600,00 51.600.00 1.0 51,600.00 0 50.00 (01-4 CUi IN 6"X8"TEC LA -1,0 $2,600.00 '52,600.00 0,0 $0.00 1 $2,600.00 C01.5 REMOVE AND DISPOSE OF EXISTING 8" WATER MAIN LF 875.0 $6.00 55,750.00 884,0 55,304.00 9 554,00 I CONTRACT TOTAL TO DAT E COMPENSATING CO )7-1 . .... ___. . .. ITEM DESCRIPTION OF PAY ITEM UNIT . I QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT NET CHANGE AMOUNT --, C01-6 REMOVE AND DISPOSE OF EXISTING GATE VALVE & BOX EA 1.0 51,500.00 61,500.00 LO 51,500,00 0 50.00 C01.7 16" DIP C L. 51 WATER MAIN LF 575 0 569.00 560,375.00 875,0 $60,375.00 0 50.00 C01-0 Er GATE VALVE AND BOX EA 2.0 61,700.00 53,400,00 2.0 $3,400.00 0 50.00 C01.5 16" BUTTERFLY VALVE AND BOX EA 2.0 53,000.00 56,000,00 2,0 $6,000.00 0 50,00 C01.10 OLICTILE IRON FITTINGS LB 2,6R0.0 510.00 526,500.00 2,525.0 525,250.00 -155 -$1,550 00 C01-11 8" DIP CL. 52 WATER MAIN LF 10.0 553.00 5530.00 9.0 $477.00 -1 -553.00 C0142 10" HOPE DR 11 WATERNIAIN INSTALLED BY DIRECTIONAL DRILL LF 90.0 5178.00 516,020.00 0.0 50.00 -90 -516,020.00 TOTALS • CHANGE ORDER NO. 1 5118,975.06 $105,866.00 -$13,169.00 CHANGE ORDER NO, 2 CO2-1 MANHOLE CORE DRILL LS 1.0 $3,825,00 $3,825.00 1,0 53,025.00 CO2.2 GEOTEXTILE PABRIC SY 9,940.0 5185 518.369 GO 9,940.0 518,389.00 TOTALS - CHANGE ORDER NO. 2 522214,00 522,214.00 CHANGE ORDER NO. 3 I CO3.1 30-INCH CASING PRE PIPE HAMMER TOTALS • CHANGE ORDER NO, 3 10 619,436.00 519.435,00 I 1.0 $19,435.00 $19,435.00 I 519,436.00 CHANGE ORDER NO. 4 C04-1 48,INCH CASING PIPE LT 164.0 51,3611.00 6213,20000 164,0 5213,200,00 C04 2 DEDUCT 28-INCH CASING PIPE INOT INSTALLED) LE -104.0 $555.00 -$58,160,00 0,0 50.00 TOTALS - CHANGE ORDER NO. 4 $154,440.00 6213,200.00 CHANGE ORDER NO. 5 I C05 1 CONCRETE CURB REPLACEMENT TOTALS - CHANGE ORDER NO. 5 TOTALS- DIFFERENCE IN CONTRACT AND ACTUAL WORK COMPLETE a I 90,0 $30.15 $2,436.00 60,0 52,436.00 52,436 00 I 52,436.00 $2,077,958.80 $1,986,129.26 50.00 $0.00 0 50 00 104 $58,760.00 $58.760,00 50.0 50.06 -$91,829.54 TI IN CITY OF LAKE ELN/ 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: A YOR & COUNCIL CO UNICATION DATE: January 19, 2016 CONSENT ITEM # 8 39'11 Street North: Street and Sanitary Sewer Improvements — Pay Request No. 8 (Final) Chad lsakson, Project Engineer Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTF:1) ORDER OF BUSINESS if removed from the Consent Agenda): Questions from Council to Staff ............ ..... ....... . .......... ......... Mayor Facilitates - Public Input, if Appropriate.. ...... „Mayor Facilitates Call for Motion ................ ....... ................... ....... .............. Mayor & City Council Discussion..... ...... ..... ....... ............... .......... .............. Mayor & City Council - Action on Motion ........ ..... ................................. ...... .......... ...... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Final payment is proposed in accordance with the approved Contract and change orders for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 8 (Final) for the 39' Street North: Street and Sanitary Sewer Improvements project. 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: "Mow to approve Pay Request No. 8 (Final) to Geislinger & Sons Inc. in the amount o $112,643.57 for the 39th Street North: Street and Sanitary Sewer Improvements". -- page 1 -- City Council Meeting ConsentAgenda Item 8J January 19, 2016 LEGISLATIVE H1STORY/BACKGROUND INFORMATION: Geislinger & Sons Inc., the Contractor for the project, has completed the 39'1Street North: Street and Sanitary Sewer Improvements in accordance with the construction contract awarded by the council on August 26, 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 January 19, 2016 and will extend through January 18, 2017. The final total project costs came in $29,063 over budget or about 1.3% over. This is a favorable result given that we experienced a $154,440 change order due to the sewer crossing difficulties at the UP railroad. At the time of that change order, staff reported that the project would likely come in at S111,325 over budget. Final payment will be made to the Contractor, including the release of all retained funds, upon receipt from the Contractor of all lien waivers, consent of surety, and IC-134 forms. RECOMMENDATION: Staff is recornrnending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 8 (Final) for the 39th Street North: Street and Sanitary- Sewer Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 8 (Final) to Geislinger & Sons Inc. in the amours $112,643.57, for the 39th Street North: Street and Sanitary Sewer Improvements". ATTACHMENT(S): 1. Certificate of Completion. 2. Partial Pay Estimate No. 8 (Final). -- page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 8 (Final) 39TH ST N: STREET AND SANITARY SEWER IMPROVEMENTS PROJECT NO. 2014.131 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER CONTRACT CHANGE ORDER SUMMARY No. Approval Date 1 9/16/2014 2 2/3/2015 3 2/24/2015 4 4/7/2015 5 1/19/2016 6 1/19/2016 TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: Amount Additions Dedu $118,975.00 $22,214.00 $19,435.00 $154,440.00 $2,436.00 $317,500.00 $225,670.46 9/2/2014 6/30/2015 8/15/2015 $91,829.54 91,829.54 ENGINEERING, inc. PERIOD OF ESTIMATE FROM 9/25/2015 TO 1/6/2016 CONTRACTOR: GEISLINGER & SONS, INC. 511 CENTRAL AVE 5, PO BOX 437 WATKINS, MINNESOTA 55389 ATTN: GARY LUEBBEN, PROJECT MANAGER PAY ESTIMATE 1. Original Contract Amount ions 2. Net Change Order Sum 3. Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 0.0% 8. Previous Payments 9. Amount Due (6-7-8) *Detailed Breakdown Attached CONTRACT TIME ORIGINAL DAYS 347 REVISED DAYS 0 REMAINING -144 ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. The undersigned certifies that the work has been reviewed and to the ,^,1 best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. 1/7/2016 DATE CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract 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 CONTRACTOR BY BY DATE DATE SUMMARY $1,760,458.80 $225,670.46 $1,986,129.26 $1,986,129.26 $0.00 $1,986,129.26 $0.00 $1,873,485.69 $112,643.57 ON SCHEDULE YES NO FOCUS Engineering, inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 8 (Final) 39TH ST N: STREET AND SANITARY SEWER IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.131 ITEM DESCRIPTION OF PAY ITEM FOCUS ENGINEERING, inc. CONTRACT THIS PERIOD TOTAL TO DATE UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PART 1- SANITARY SEWER 1 8" PVC SANITARY SEWER, 5DR 26, 20' - 25' DEEP LF 62 5125.00 57.75000 0 50 00 153,00 $19,125,00 2 Dv PVC SANITARY SEWER, SDR 26, 15' - 20' DEEP LP 1,025 587.00 $89.175.00 0 50 00 1,054.00 S91,698 00 3 10" PVC SANITARY SEVPER, SDP 26, 20' - 25DEEP LF 315 58900 $28,035.00 0 50.00 284 $24,21600 4 12° PVC SANI I ARY SEWER, SDR 20, 15 .20' DEEP LE SOO 193.30 546.000.00 0 50.00 435 54 5,540_00 5 12" PVC SANITARY SEINER, 5DR 26, 20' - 25' DEEP IF 630 $94 OD 559.220.00 0 50.50 632 $59,408.00 6 10' PVC SANHARY SEWER, SDR 26, IN CASING LE 100 $40 00 $4,000.00 0 50.00 100 54,000.00 7 12" PVC SANFIARY SEWER, SDR 26, IN CASING LE 120 545 OD $5,40000 0 $0.00 120 55,400.00 8 202 STEEL CASING PIPE DACK/AUGEREDI LE 100 $52500 $52,500.00 0 $0.00 100 $52,50000 9 24' STEEL CASING PIPE (JACK/AUGEREDI LF 120 $535.00 $64.20000 0 50.00 120 $64,200 Oa 10 P1PE FOUNDATION ROCK IF 1.900 $0.10 5140.00 0 50.00 118 $11.80 11 TELEVISING IF 2,850 52,00 55,700 00 2,850 15,700.00 7,850 55,700.00 12 4' DIAMETER SANITARY SEWER MN EA 12 53,000 00 $36,000.00 0 0000 12 $ 36,000.00 13 4' DIAMETER EXCESS MANHOLE DEPTH LE 140 5125.00 S17.500 00 0 1000 117,7 5 34,7E2,50 14 10")(6" PVC WYE, SDR 26 EA 6 5400.00 $2,400.00 0 50.00 6 52,400 00 15 12"X6" PVC WYE, SDR 26 CA 4 5460.00 $ 1,840.00 $0.00 1 42,760,00 16 6" PVC SCH 40 SANITARY SEWER RISER IF 85 535.00 52,975.00 50.00 118 44,13000 17 6" PVC SCH 40 SANITARY SEWER SERVICE LF 400 $32,00 $12,300.00 50.00 389 512,44800 16 PRECAST CONCRETE JERSEY BARRIERS AT HIGHWAY 5 JACKING PITS LS 1 $4,501.00 $4,500.00 50.00 1 54,500.00 19 PRECAST CONCRETE JERSEY BARRIERS AT HIGHWAY 17 JACKING PITS ES 1 54,500 00 54,500.00 50.00 1 54,500.00 20 CROSS EXISTING WATER SERVICE EA 7 $4 SO.00 53,150.00 $0,00 7 53.150.08 21 EXPLOPATORY DIGGING FIR 5500 00 52.500.00 00,00 0 50.00 SUBTOTAL - PART 1 $450285.00 55,700.00 5457,459.30 PART 2 WATERMAIN 1 TEMPORARY WATER 5357E6,1 IS 1 51.500 00 $ 3500.00 $0.00 51,530,94 2 CONNECT TO EXISTING 6' WATER MAIN EA 3 $900.00 52,700.00 $0 00 1 590000 3 CONNECT TO EXISTING 8" WATER MAtN EA 1 5950.00 $950,00 50,00 1 $950.00 4 CUT IN 82 X 8" TEE EA 1 $2,600,00 $2.60000 50,00 50.00 5 REMOVE AND DISPOSE OF EXISTING GATE VALVE & BOX EA 3 51.50000 54,500.00 50,00 50,00 6 REMOVE AND REPLACE 6" GATE VALVE. & BOX EA 4 53,40000 $13,600.00 50,00 4 $13,600.00 7 REMOvE AND REPLACE 8" GATE VALVE & BOX EA 11 $3,900.00 S42,300.00 50,00 10 539,000 DO 8 REMOVE AND DISPOSE OF EXISTING HYDRANT EA 5 $740.00 53,808.00 50.00 3 52,280.00 9 6" DIP CL 52 WATER MAIN LF 70 $46,00 43,220.00 50.00 30,5 $1,403.00 10 6" DIP CL. 52 WATER MAW LE 30 553.00 51,59000 $0.00 88 54,664.00 11 6" GATE VALVE AND BOX EA 4 $1.450.50 55,800.00 0000 1 $1,450.00 12 HYDRANT EA $4,000.00 520,050.20 50a0 $ i Lova ao 13 VALVE BOX EXTENSION Lf $260330 $570.00 $0.00 50.00 14 HYDRANT EXTENSION IF 1 4600.00 5600.00 5000 0 50.00 15 DUCTILE MON FITTINGS LB 100 $10.00 $1,09400 50.00 94 594U.00 SUBTOTAL - PART 2 $105,280 DO $0.00 528,68 7.00 PART 3- STORM SEWER REMOVE AND DISPOSE OF EXISTING STORM SEWER LF 910 41000 59,100.00 50.00 902 59,020 00 2 REMOVE AND DISPOSE OF EXISTING STORM SEWER MA NHOLE EA 8 $300.00 $3,200.00 5000 8 53.200.00 3 POTHOLE EXISTING WATER MAIN EA 7 $450.00 $3,150,00 $0.00 7 $3,150,00 4 12" RCP STORM SEWER, CLASS 5 LF 70 540.00 52,800 tla 50.00 70 $2,800.00 5 15" PCP STORM SEWER, CLASS S LE 821 542.00 537,432..00 50.00 891 $31,422.00 6 18" RCP STORM SEWER, CLASS 5 IF 236 54500 510,620.00 $0.00 236 510.620.00 7 24" RCP STORM SEWER. CLASS 4 IF 309 $62.00 522,078.00 50.00 369 572,828 DO 8 12" RCP FLARED END SECTION INCE TRASH GUARD EA 2 4900 00 $1,800 Go 50.00 2 51,800.00 9 IR," RCP FLARED END SECTION INCE TRASIL GUARD EA 2 5 t,o5a au 52, looao Sao° 52, too GO 10 24" RCP FLARED END SECTION INCE TRASH GUARD EA 1 51,440Do $1,40000 0 Saco 1 $1,44000 11. RIP RAP, CLASS 3 CY 8 $115.00 $920.00 0 $ann 12 $1,380.00 12 283' CATCH BASIN EA 3 52.100.00 56,300.00 0 50.00 3 $6,300.00 13 4' DIA CATCH BASIN/MANHOLE EA 5 52,500.00 512,500.00 0 50.00 5 $12,500.00 14 5' DIA CATCH BASIN/MANHOLE EA 2 53,600.00 $2,703.00 0 50.00 57,200 OC 15 5' MA CATCH BASIN/MANHOLE W/ SUMP EA 1 54,350.00 $4,350.00 0 50.00 54,35000 16' BULKHEAD 15" RCP STORM SEWER f A 1 $125-00 5125.00 0 50,00 1 5125 00 10 BULKHEAD 18" RCP STORKASEWER EA 1 $150.00 $150 00 0 50.00 1 $140.00 la BULKHEAD 36" RCP sToRm SEWER EA 1 5225.00 5226.00 0 $0.00 1 $225.00 13 INEEE PROTECTION EA 12 5175.00 52,100.00 0 50.00 3 $525,00 2() INSULATION 53 30 418.00 5900 00 0 00.00 24 5720 00 21 POND EXCAVATION IP) CY 420 510.00 54,200.80 0 50 00 420 54,200.60 22 INFILTRATION SWALE EXCAVATION (P) CY 675 $10.00 56,750,00 0 SO DO 0 5000 23 SEED MIS 330 AND HYDROMDLCH SY 1600 52.75 $4,400.00 0 5000 50.00 SUBTOTA1 • PART 3 5144,500.00 50.00 $132,065.00 PART 4 - STREET IMPROVEMENTS MOBILIPAT ION LS 590,000.00 590,000.00 0.00 10.04) 100 490,000.00 TRAFFIC CONTROL LS 1 59,000,00 59.000.00 aoo Saco Loa 59,000 DO ..- CONTRACT THIS PER lOI) TOTAL TO DATE ITEM DESCRIPTION OF PAY Il'IM UN11 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 3 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 3 51.20000 53,60000 0.00 $0.00 TOO 51.200,00 4 CLEAR AND GRUB TREES AND BRUSH 15 1 $4,500.00 $4,500,00 0.150 $0.00 1W $4,500.00 5 TEMPORARY ACCESS GRADING L5 1 52,00000 52,000.00 0,00 $0.00 1.00 52,00000 6 TEMPORARY ACCESS AGGREGATE RASE CLASS $ TN 60 $30.00 51,800.00 0 00 511 00 60 00 $1.800.00 P TEMPORARY ACCESS MAINTENANCE OR 10 5125.00 $1,25000 0,00 50.00 1000 51.250,00 8 REMOVE TEMPORARY ACCESS LS 1 51,500.00 $1,500.00 ODD 50.00 100 51,50000 9 REMOVE AND DISPOSE OF EXISTING CONCRETE CURB AND GUTTER 1F 290 $6,00 51,740 00 0.00 $0 00 290,00 51,740.00 10 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT SY 9150 52.00 $18,320.00 0.00 $0.00 9,487,00 $18,974.00 11 REMOVE AND005POSE OF EXISTING BITUMINOUS PAVEMENT (DRIVEWA SY 335 54.00 51,340.00 DW $0.00 30000 51,100 00 12 REMOVE AND DISPOSE OF EXISTING 11GHT RASE EA 4 $300.00 61,200 W 0.00 $0.00 0.00 $0,00 13 SALVAGE AND REINSTALL SIGN EA A 5200.00 $1,600.00 0,00 50.00 0,00 50.00 14 SALVAGE AND REINSTALL MAIL DROPBOX EA 1 $250.00 550.00 0,00 50,00 0.00 50.00 15 SALVAGE ANDREINSTALI RETAINING WALL LS 1 57,5E10120 57,500.00 0,00 $0.00 0.00 50.00 16 SAWCUT$ITUMINOUS PAVEMENT LF 200 53.00 5600.00 0.00 50.00 200.00 5600,00 17 COMMON EXCAVATION (PI CY 7750 $9.00 569,75001) 0,00 $0.00 7,750.00 659,750.00 18 SUBGRADE CORRECTION OW CY 340 $12.00 $4,080.W 0.00 $0,00 23600 $2,592.00 19 SUBGRADE PREPARATION R5 24 34 5465.00 $11,31810 0,00 50.00 24,34 $11.318,10 20 4" PERFORATED PVC DRAIN TILE WITH AGGREGATE AND WRAP LE 1000 512 W 512,000.GO 0.00 50.00 980,00 511.760 00 21 AGGREGATE RASE CLASS 5 IN 6380 510 50 556,990.00 0.00 $0.00 6,019,98 $66,989.79 22 SELECT GRANULAR BORROW(P} CY 4090 $10.00 $40.9013.00 0,00 S0,00 4,48500 544,850,00 23 TYPE SP9,5 BITUMINOUS WEARING COURSE MIXTURE 12,0)(SPWEA230E TN 800 $66.50 $53,200.00 0,00 $0.00 785,36 $52,22644 24 TYPE SP 12.581TUM1NOUS NON WEARING COURSE MIXTURE ¢2,0#(SPW TN 1335 557.75 577,096.25 0.00 $0.00 1290,50 $74,526.38 25 BITUMINOUS MATERIAL FOR TACK COAT GAL 565 $2,00 $1,130.00 000 50.011 325.00 S650.00 26 ADJUSTMH CASTING- STEEL/IMO(2015I EA 12 5450.00 $5,400.00 0.00 SO.00 000 $0.00 27 ADJUST VALVE 80X 12015) EA 20 5250.00 55,000,00 0.00 $0.00 0.00 $0.00 28 8624 CONCRETECURB AND GUTTER 1F 4310 $10,77 546,018.70 0.00 $0.00 4065,00 $48P88.05 29 8612 CONCRETE CURE ANDGI1TTER LF 105 $14.80 $1,554,00 000 $0.00 43,00 $636.40 30 CONCRETE PEDESTRIAN RAMP FA 12 $420.00 55,040,00 0.00 $0.00 12.00 55,040.00 31 5" CONCRETE SIDEWALK 5F 13110 $3 50 545,885.00 0.00 $(00 12,840.00 $44,940.00 32 8" COMMERCIAL CONCRETE DRIVEWAY PAVEMENT(H10H EARLY) SY 340 $70.00 $23,800.00 8.00 $560.00 339,00 523,730.00 33 6" CONCRETE FLUME ST 35 550.00 51,750.00 0,00 $0.00 60.00 53,000.00 34 TRUNCATED DOME PANELS SE 168 $42,00 $7,056 00 0,00 $0.00 16000 $6,720 00 3S BITUMINOUS ORIVEWAY PAVEMENT SY 105 550.00 $5,2$0,00 000 $0.00 16000 58,000.00 36 TYPE SP9.5 BITUMINOUS WEARING COURSE MIXTURE -TRAIL E2,83(5PW TN 270 565.00 517,550.00 000 $0.00 264.91 517,219.15 37 SODDING SY 5000 $4.25 521,250.00 132.00 5561.00 4,29500 318,253.75 38 IMPORT AND P1ACE TOPSOIL BORROW 1C10 CY 500 535.00 $17.500.00 0.00 $0-00 783.00 527.405.00 39 SEED 3 EROSION CONTROL BLANKET 5Y 2000 53.25 $6,500.00 0.00 50.00 646,00 52,099,50 40 3EE80650001,450100 SY 5500 S215 $11,825.00 307,00 5660,05 3,806,00 $8,182.90 41 SILT PENCE, TYPE MACHINE SLICED 1£ 1000 51 95 $1.950.00 0.00 50 W 0,00 50.00 47 SILT FENCE, TYPE FLOATING LF TO 522.50 $675.00 0.00 5000 0,00 S0.00 43 DITCH CHECK- 81011011 LF 200 55.75 $1,150.00 0,00 50.00 30,00 5172 50 44 STREET SWEEPING MR 15 5125.00 S1.675.00 0,00 50.00 0,00 $0.00 45 SIGN PANELS, TYPE C SF 6 545 00 $281.25 000 $0.00 0.00 50.00 46 .3" DOUBLE SOLID YELLOLN LINE, EPDXY 1F 2270 5150 $3,4058X1 0.00 80,00 2,274,00 53,411.00 47 4" SOLID WHITE LINE, EPDXY LF 110 50.75 $82.50 0,00 50.00 100,00 $75.00 48 RIGHT TURN ARROW, TAPE 1:A 1 5845.00 58.15.00 0.00 50 00 100 $845W SUBTOTAL. PART 5714,706.80 $1,781.05 3585,24496 ALTERNATE NO. 1 - SANITARY SEWER SOUTH OF Tf l 5 1 CLEAR AND GRUB TREES AND BRUSH 15 1 5400000 54,000.00 0 50.00 Y 54.00000 2 REMOVE AND DISPOSE Of EXISTING STORM SEWER 1F 20 $10.00 S20000 0 $000 0 SO 00 3 PATCH GRAVEL DR€VEWAY TN 200 52000 S4,W000 0 $0.W 0 5000 4 18" CMP DRIVEWAY CULVERT LE 20 54500 5900.00 0 $0.00 SOW S 18" CMP FLARED END SECTION EA 2 5440.00 $960.00 0 5000 0 $0.00 6 1T" PVC SANITARY SEWER, SDIT26, 15'- 20' DEEP IF 525 $94.00 550,750.00 0 50.00 625 558,750.00 7 15" PVC SANITARY SEWER, SOR26,20'- 25' DEEP LE 1755 596.00 5120,480.00 O $0,00 1,255 5120480.00 8 14'' PVC SANITARY SEWER, C905 DR 25, 1N CASING 14 164 $40.00 $6,560,00 50,00 164 55.560.00 9 14" PVC SANITARY SEWER, C905 DR25.20'-25' DEEP L€ 20 $7600 51,520.00 50.00 20 $1.520GO 10 28" STEEL CASING PIPE HACK/AUGERED1 LF 164 5565.00 592,660.00 50.00 60 S33,900.00 11 PIPE FOUNDATION ROCK LF 1000 $0.01 51000 0 $0.00 0 50,00 12 TELEVISING LF 2061 52.00 $4,122 00 2,061 $4,122.00 2,061 54,(22.00 13 4' DIAMETER SANITARY SEWER MN EA B $3,200.00 $25,600.00 0 50.00 0 $25,600.00 14 4' DIAMETER EXCESS MANHOLE DEPTH LE 115 $125.00 $14,37500 0 50.00 109,2 $13,65000 15 SOIL DECOMPACTION AC 5 S1,200.00 $6,000.00 O 60.00 0 50.00 16 SILT FENCE, TYPE MACHINE SLICED 16 300 5195 5585 00 0 50.00 0 50.00 17 SEED AND BLANKET SY 1500 $3.25 $4,515,00 0 50.00 50.00 SUBTOTAL' ALT ERNATE NO 1 S315,597.00 54,122.00 $268,582 CO TOTALS - BASE CONTRACT $1,760,458,80 CHANGE ORDER NO. 1 C01.1 CONNECT TO EXISTING 6" WATER MAIN EA •2,0 5900.00-$1.800,00 001-2 CONNECT TO EXISTING 8" WATER MAIN EA 2.0 5950.00 51,900.00 C01-3 CONNECT TO EXISTING 16" WAITER MAIN FA 1.0 51,6 000 51,600.00 CO1 4 CIIT IN 8" X 8" 11 E EA -1 0 52,600,00-52.600.00 C015 RUdOVE AM/DISPOSE OFEXISTING 0" WATER7,4AW IF 875.0 $6,00 55,250.00 0 0 $11,60305 $1,623,038.26 50.00 50.00 $0.00 2 51,900,00 $0.00 1. $1,600.00 30.00 0 50.00 50 00 884 $5,304.00 CONTRACT THIS PERIOD TOTAL TO DATE ITEm DESCRIPTION OF PAY ITEM ll Nil QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 00A6 REMOVE AND DISPOSE OF EXISTING GATE vALvE 8, BOX EA 1.0 Si,500 00 51,500.00 $0.00 1 $1,500.00 0057 16" DIP CL. Si WATER mAIN 76 875.0 559.00 $50,375.00 50,00 875 $60,375,00 C01.8 8" GATE VALVE AND BM EA 2.0 $000,00 53,400.00 o sox° z $3,400.00 COL-9 16" EILEOFERFLYVALVt AND Box EA 2.0 $3,080 00 $6,000 00 0 50,00 2 $6,000 00 C01.10 DUCTILE IRON FITTINGS LB 2,680.0 510.00 525,800.00 0 $0.00 2.525 $25,250.00 C01-11 ir DIP ci, 52 WATER MAIN LF 10.0 $53.00 5530.00 0 $0.00 9 $477.00 101-12 10" HOPE DR IL wATERmAIN iNsTALLLO BY DIREcTioNAL DRILL Lf 90.0 5178 00 516,020.00 $0.00 6 SO 00 TOTALS - CHANGE ORDER NO. 1 53.18,975.00 Soma $105,806.00 CHANGE ORDER NO. 2 002.1 MANHOLE CORE DRiLL LS c02-2 Geo rixTRE FAORIC 5V TOTALS - CHANGE ORDER NO, 2 CHANGE ORDER NO, 3 I CO3-1 30.1501 CASING PIPE DIRE HAMMER TOTALS - CHANGE ORDER NO, 3 CHANGE ORDER NO. 4 c04 48- INCH LASING pipE 10 004 DEDucT 28-INCH LAsiNG piPi NO T !nisi ALLEM LP TOTALS - CHANGE ORDER NO.4 CHANGE ORDER NO. 5 I 005.1 CONCRe TE CURB REPLACEmENT TOTALS - CHANGE ORDER NO. 5 COMPENSATING CHANGE ORDER NO. 6 I C06 I. COMPENSATING CHANGE ORDER TOTALS - COMPENSATING CHANGE ORDER NO. 6 LF I 80 0 1.0 $3.825.00 5,540 0 $185 L.0 $19,435 00 164,0 $1,30020 -104.0 $56$.00 530 45 $3,825.00 $18.389.00 $22,214,00 $19,435.00 $19,435,00 $713,200,00 -558,760.00 5154,440.00 $2,436.00 50.00 $0.00 Moo 50.00 I $0.00 0 50.00 0 50.00 $0,00 80 52,435.00 I 52,436,00 $2,436.00 1.0 -591,829.54 -591,029.54 1 •391,829.54 50.00 I 50.00 1 53,825.00 0,940 518,389.00 522,114.00 $19,435.00 509,435,00 1.64 5213,200 00 0 16.00 5213,200,06 50 52,436.011 $2,436.00 so oo $0.00 TOTALS - REVISED CONTRACT S1,986,129.26 $14,039.05 $1,986,129,26 CITY OF LAKE ELMO, MN 39 STREET NORTHSTREET AND SANITARY SEWER IMPROVEMENTS CERTIFICATE OF COMPLETION DATE OF ISSUANCE: JANUARY 19, 2016 PROJECT NO. 2014.131 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: GEISLINGER & SONS, INC. PROJECT NAME: 39'" STREET NORTH: STREET AND SANITARY SEWER IMPROVEMENTS PROJECT NO.: 2014.131 z 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 AUGUST 26, 2014. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: JANUARY 19, 2016 Chad Isakson Reg. No. 49028 FOCUS Engineering, c. THE WARRANTY PERIOD BEGINS JAN. 19, 2016 AND ENDS JAN. 18, 2017 T1 IF UTY OF LikKE ELN 0 AYOR & COUNCIL CO UNICATION DATE: January 19, 2016 CONSENT ITEM # 9 AGENDA ITEM: Village East Trunk Utility Improvements — Approve Security Reduction. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTEI) ORDER OF BUSNESS if remove the Consent Aj'enda): Questions from (7ouneil 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: It is the City's goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $381,003.50 which remains sufficient to complete the remaining improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the developer installed Village East Trunk Utility Improvements. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The developer installed Village East Trunk Utility Improvements have been substantially completed consisting of the installation of trunk sanitary sewer and trunk watennain. In accordance with Section 28.A of the Development Agreement, up to 50% of the original security, or $381,003.50 may be released when: "(1) all utilities have been installed, all testing has been successfully completed, and the utilities are considered ready lbr use hi the Chi' Engineer; and (2) completion of the Improvements is done to the -- page 1 -- City Council Meeting [Regular Agenda Item 9J January 19, 2016 satisfaction of the City and evidence of such is provided to the City in writing and satisfactoiy evidence of payment, such as lien waivers are provided." Engineerinv, has reviewed the status of the improvements and has received lien waivers demonstrating contractor payments have been inade in at least the amounts to be released. This review has found that the conditions identified in Section 28.A of the Development Agreement have been satisfied. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a reduction in the security amount for the developer installed Village East Trunk Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve a reduction of the Letter of Creditfor the developer installed Village East Trunk Utility Improvements front $762,007 down to $381,003.50." ATTACHMENT(S): 1. Engineer's Letter Recommending Security Reduction #1 for the Village East Trunk Utility Improvetnents. 2 Developer's Letter Requesting Reduction of Security for the Village East Trunk Utility Improvements. 3. Contractor's Lien Waiver. -- page 2 -- T}U�(]l-/{D' D � �,�� �-�� ���� January l2,ZUlS Craig Allen, Chief Manager Gonyeo[ompany l0850Old County Road l5,Suite 2OD Plymouth, MN5S441 Re: Village East Trunk Utility Improvements Lake Elmo, Minnesota Irrevocable Letter mfCredit No. 3lD Dear Mr. AUew We have reviewed and processed your request dated December 15, 201S for a reduction in the security for the Village East Trunk Utility improvements in Lake Elmo, MN. Atthis time the Irrevocable Letter of Credit No. 310 may be reduced to $381,003.S0. Please process the security reduction through the Lake Elmo City Clerk. Should you have any questions or require additional information, please call me 651.300.4264. John UacNVKGriffin, P.E. City Engineer cc Clark Shmeder,Interim City Administrator Julie Johnson, City Clerk Cathy Bendel, Finance Director Stephen VVensman'City Planner 3800Ln`ncoe A`cnocNorth `1,akc17,hnn~x6uucsom55042 Tuesday, December l5,2O15 Mr. Jack Griffin City Engineer 38U0Laverne Avenue North Lake Elmo, MN 55042 This email is to request 50%, or $381,003.50 of the security provided for the Eastern Village Trunk Sewer and VVateouaiu Line. All utilities have been installed and all testing has been successfully completed. Lien Wavers are attached. Craig Allen Chief Manager Draw Number 3 Oebe:12/07/5 The undersigned hereby acknowledges receipt ofthe sum cf V PARTIAL PAYMENT for material, labor or service FULL AND FINAL PAYMENT for material, labor orservice furnished 10the following described property: Project Name: Lake Elmo Address: Village Preserve Lake Elmo, yNN General Contractor: GVVSALand Development, LLC Project Manager: File Number: HB'26627B Cnnho± and for value received hereby waives any and all rights to file a mechanic's lien against said property for material, labor, orservice furnished tosaid property. The undersigned affirms that ail materials and labor furnished on behalf of the undersigned have been paid in full, EXCEPT: By: Title: Address: Phone Number: $592.748.59ax CVVHoule, Inc Company Name Ices', �N��� � v1^() w "c~- QdT S�xreuiew, ssiDL" (LSI) 02q~Lo-7-7 Please sign this form and return toCUSTOM HOME BUILDERS TITLE, LLCoofollows: ~ BY EMAIL: disbunsing@nhbUde.00m " BY FAX: (763)489'3241 BY MAIL: 10850 Old County Road 15, Plymouth, MN 55441 CUSTOM HOME BUILDERS TITLE, LLC 10850O|d County Road 15, Plymoudh, MN 55441 Phone: (7G3)4Q9'324O—Fax: (783)488-3241 IF, CITY OF LAKE ELN 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO UNICATION DATE: CONSENT ITEM # January 19, 2016 East Metro Water Resource Education Program (EMWREP) — Renew Shared Water Resource Education Program Agreement Jack Griffin, City Engineer Clark Schroeder, interim City Administrator Julie Johnson, City Clerk Cathy Bendel, Finance Director SUGGES'. (. RDER OF BUSINESS gronoved from the Consent Atfe Questions from Council to Staff._ ....... ..... ..... ......... Mayor Facilitates hl ic Input, if Appropriate. ..... ........... Facilitates Call for Motion ...................... .......... ..... Mayor & City Council Discussion. ...... .............................. ....... . ..... ......... ...... Mayor & City Council Action on 'Motion ......... ......................... ..... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $2,500.00. Increased from $2,225 for the 2013-2015 Agreement. The EMWREP contribution is funded through the Surface Water -Storm Water Enterprise Fund (603), SUMMARY AND ACTION REQUESTED: 10 The City Council is respectfully requested to consider approving, as part of the consent agenda, the agreement with Washington County Conservation District to participate in the East Metro Water Resource Education Program (EMWREP) with an annual contribution amount of $2,500. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Partnership with EMWREP substantially meets Lake Elmo's education and outreach permit requirements as a Municipal Separate Storm Sewer System (MS4) City. Background: The East Metro Water Resource Education Program (EMWREP) is a partnership that was formed in 2006 to develop and implement a comprehensive water resource education and outreach program for the east metro area of St. Paul, MN. Current EMWREP partners include Brown's Creek, -- page 1 -- City Council Meeting [Consent Agenda Item /0] January 19, 2016 Carnelian -Marine -St Croix, Comfort -Lake Forest Lake, Rice Creek, Ramsey -Washington Metro, South Washington, and Valley Branch Watershed Districts, Middle St. Croix Watershed Management Organization, the cities of Cottage Grove, Dellwood, Forest Lake, Lake Elmo, Stillwater, Willernie, and Woodbury, West Lakeland Township, Washington County and the Washington Conservation District. Purpose: The purpose of the shared education program is to provide education about the impacts of non - point source pollution on local lakes, rivers, streams, wetlands and groundwater resources and to engage people in projects that will help to protect and improve water quality in the region. In addition to educating the public, EMWREP also provides training for city, county and watershed staff and local elected officials. Partnership Structure: EMWREP is guided by a steering committee comprised of representatives from each of the 18 partner organizations. The committee generally meets twice a year to provide recommendations on the program budget and activities. During 2013, EMWREP staff included Angie Hong, full-time education specialist and coordinator for the program, Jenn Radtke, half-time education assistant, and Wendy Griffin, a Washington Conservation District natural resource specialist who provided 170 hours of support for rural education activities. The EMWREP coordinator sends a quarterly e-newsletter to all partners' staff, council members and board members, and communicates one-on-one with individual partners on projects throughout the year. The EMWREP education plan is revised every two to three years to accommodate changing priorities and new target audiences. In addition, the EMWREP coordinator prepares an annual report on program activities and provides outreach data and statistics for partners' MS4 Permit reports. All EMWREP reports, plans, and education updates are available on-line at www.ninwed.orgletnwren. RECOMMENDATION: Staff is recommending that the City Council approve the agreement with Washington County Conservation District to participate in the East Metro Water Resource Education Program (EMWREP) with an annual contribution amount of $2,500. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve the Agreement with Washington County Conservation District to participate in the East Metro Water Resource Education Fragrant with an annual contribution amount of $2,500." ATTACHMENT(S'i: . 2016-2018 EMWREP Agreement with Washington County Conservation District. -- page 2 -- Contract Number: 16-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2016-2018 EAST METRO WATER RESOURCE EDUCATION PROGRAM A, PARTIES This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Resource Education Program, hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to the East Metro Water Resource Education Program, Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County. B. PURPOSE WHEREAS, the PARTNER and the HOST have a common objective of educating the citizens of the Twin Cities east metro area about water resource, stormwater, and groundwater management in order to improve water quality; and WHEREAS, the PARTNER has identified a need for education assistance; and WFIEREAS, 8 watershed organizations in Washington County have education components in their respective watershed management plans; and WHEREAS, 25 communities, including multiple watersheds and the County, in Washington County are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations; and WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. § 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1. 2016 to December 31, 2018 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership. entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST ‘vill coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. 2016-2018 Shared Water Resource Education Program Agreement Each PARTNER will assign umember wthe Steering, Committee ofthe East Metro Water Resource Education Pruora/n, This Committee Will assist the Shared Water pzxoorcc Educator and B0S7 to prepare the Annual Work -plan, Annual Budget, and Annual Report. & Membership Summary Will be inc\odcd in the Annual Report prepared bvthe HOST, E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver Work products generally described in Exhibit A, attached and mode pail ofthis agreement. Services for uopedfic PARTNER Will be dcfiucd in the Annual VVo/ko|an developed as described in Exhibit A. PARTNER -specific services Will constitute approximately 15Y6 of the total Annual VVurko|mn, Eighty-five (85) percent of the 1o/u\ Annual Workplan will be committed to shared, inUlti-jurisdictional benefit educational activities. In full consideration for services under this agreement, tile PARTNER shall provide its portion of the annual costo\odbeU08Tinuconn|ancenith(hccxecuicJSigoaturcPugca1U'cendofthisAgoemcuL Tile total annual bud -et for the program iyusshown inExhibit 8with contributions oudinedioParagraph O. If all P/\RTNEKcontributions total less than the Total Budget, educational material cxpcueco not otherwise paid for will not be incurred. PARTNER`o annual contribution may he increased from the amount stated in the Signature Page aothe end u[<hcAgreement only with approval ofB4RTNER'sgoverning body. |nthe case that overall contributions offunding Dnn all ofthe PARTNERS exceeds the budget inExhibit Bby less than Z0Y6,tile excess contributions will he used to fund additional udoouhouo} materials or support staff. Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by 2096,the PARTNERS have the option ofhaving their proportional amount ofthe excess budget refunded orcall direct the funds to be used for EM\VkGPactivities, G. FUNDING STRUCTURE Each PARTNER ixsug�cocJ|oconUihutcunnuNhinuc�ordunxcv/\(k��[bKowin�funding structure: County: $12.250/ ear 8mu|| Watershed Districts (Taxable Market Value <$l Billion): $12,250/veur Medium Watershed Districts <TMV $1-5 Billion): $18,500/ eor [ar0rcWatershed Districts (TM\/>$SBiUiuu>: $24,000/your Watershed Management Organizations: $6,000/veur Lai -rye MS4Cities: $2,50O/vcur(Population > 5,000) Small K4S4Cities: $650/yeoo(Population < 5,000) In -kind matches from existira educational staff Rnm within partner organizations are also encouraged. Tile V/C[) shuU provide $12,250 ufin'kind match to <hc program per year. As shown in Exhibit 8, PARTNER contributions will be reviewed and adjusted oil an annual basis, as needed. H. PAYMENTS |, The services in Exhibit & provided by tile HOST will he hU|aJ in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 6Odays. 1 Office oopp|ies, in-house rrpooduu\on cxpcnocs, and transportation are included in the overhead noted above. Out Soouc rrproducdoo, special bulk mailings and other direct costs beyond the 2016-2018 Shared Water Resource Education Program Agreement contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PA RTNERs. 1. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in. be denied the benefits of, or be otherwise subjected to discrimination under any program, service. or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, rules and regulations and as they may be amended. L. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will: I. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books. documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. INDEMNITY No party to this Agreement agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision la. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board meinbers, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys' fees) to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agrees to provide proof of contractual liability' insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party. N. INDEPENDENT CONTRACTOR 2016-2018 Shared Water Resource Education Program A It is agreed that nothing herein contained is intended or should be construed in uuy manner as creating or extuNishin& the relationship of co-partners between the parties hereto or as cnnodtuhog the HOST as the ugcnt, representative. or cmp|mycc of PARTNER organization for any purpose or in any manner phu1socvcc The HOST is to he and shall remain an independent contractor with respect to all services performed Linder this Agreement. The HOST represents that it has, or will secure at its own cxpcnxe, all personnel required in performingsurviccy under this Agreement. Any and all personnel of tile HOST orother person, while engaged in the performance of any work or services required by the HOST Linder this Agreement, shall have no owntroctmd relationship With the PARTNER and shall not bcconsidered employees nfthe PARTNER. Any material alteration mvariation shall be reduced towriting uxuoamendment and signed by the parties. Any ukeration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled as a material alteration. P. MERGER biounderstood and agreed that the entire agreement of the parties incontained here. except asmodi��� the term of the /\grrcmeo{ by u writing under Paragraph 0 above concerning u non -material change, and that this contract Supersedes oral agreements and negotiations between the parties relating tothis Subject muticr. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. TERMINATION This Agreement Will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect Neach additional PARTNER oil that h\RTNER'8 execution of a signature pacye acceding to dle \cnns of the Agreement. This Agreement will terminate immcJ|u\Jy upon completion of the activities enumerated herein and the program duration expires. Any party to this Aureemcni may withdraw participation on an ugocmcn/-ycarhas)o v/idh6O days written notice to HOST prior to dlc mxnuu| anniversary do1c of the Agreement, with the actual termination date falling on the anniversary date. Pro -rated contributions Will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS oyany P&RTNER`stermination. Termination hyany one PARTNER Will not coxsh\ute thc termination of this /\grrcmcol. If HOST dcteoniocm that PARTNER icuoinmiwo has resulted in inadequate funds to deliver the work products generally described in Exhibit A. th: HOST will terminate the Agreement effective the anniversary date unless adequate funds call hcprocured. Termination by the HOST will constitute tcnn(nu6on of this Agreement in whole and pro -rated contributions Will he returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or u PARTNER used, acquired or created in the perkxmaxuc of work under this A�reemeru, including documents and records of any kind, shall remain the pnnpc� of the HOST and the PARTNER providing the property. The HOST and PARTNERS ubu|| jointly own and each puny has the individual right to use, Sell, license. publish, or otherwise disseminate any product developed in Whole or in part during the performance ofwork under this Agreement. OumNc goods purchased by the H()ST, such as office equipment and computers, shall remain the property ofthe HOST. 2016-2018 Shared Water Resource Education Program Agreement CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Lake Elmo Annual Contribution Amount: $2,500 Contract start date: January 1, 2016 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER BY: HOST BY: Title BY: BY: Title Approval as to form and execution: Date Board Chair Date CD Manager Date 2016-2018 Shared Water Resource Education Program Agreement EXHIBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire. employ and supervise the Water Resource Educator's that will successfully- serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education Program. This person shall actively participate in the Steering Committee and assist in employee selection, Annual Workplan Development, and other tasks as needed. 2. Provide funds for the East Metro Water Resource Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator's. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator's and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: I . Prepare, coordinate, and revise East Metro Water Resource Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education Program. Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such anticipated activities as presentations, workshops, in -field training, demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the East Metro Water Resource Education Program. 6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information for \veb-based East Metro Water Resource Education Program. 8. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating East Metro Water Resource Education Program members 2016-2018 Shared Water Resource Education Program Agreement EXHIBIT B BUDGET Shared Water Resource Education Program - Washington Conservation District Annual Budget Staff Support (2400 hours/year) $134,500 Materials $6,000 Total $140,500 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS* * PARTNER contributions will be reviewed and adjusted on an annual basis, as needed and in accordance with the terms of the Agreement. Annual PARTNER Contribution SWWD $24,000 VBWD $18,500 BCWD $18,500 CLFLWD $18,500 CIvISCWD $12,250 RWMWD $12,250 RCWD $2,500 Washington County $12,250 NISCWMO $6,000 Cottage Grove $2,500 Forest Lake $2,500 Lake Elmo $2,500 Stillwater $2,500 Dellwood $650 Willernie $650 West Lakeland Twp Woodbury Grant Newport TOTAL $650 $2,500 $650 $650 $140,500 2016-2018 Shared Water Resource Education Program Agreement DATE: January il 2016 CONSENT ITEM # 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 auenda): Introduction of Item ...................... ....... Staff Report/Presentation.... Staff Questions from Council to Staff .......................... ...... ............. Mayor Facilitates Call for 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 recommendhg 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 Jo' llowing motion: -- page City Council Meeting [Consort Agenda hem] January 5, 2016 "Move to approve the driveway encroachment and maintenance agreement for Jeerasak Poophakumpanart to install a driveway zvithin 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 liNFQRMATioN(sworn:, 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, among 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 on the (fhrenwntioned, Staff is recommending 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 theibIlowing nhotion: "Move to approve the driveway encroachment and maintenance agreement,for Jeerasak Poophakumpanart to install a driveway within an unimproved portion qf the public right -of-- way owned by the City." page 2 -- 'Tashi ton Count Parcel ID: 2402921130004 Parcel Address: CITY OF LAKE ELMO Created on 11/30/2015 0 480 960 Li I I t 1,920 Feet I 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. Washingip n County is not responsible for any Inaccuracies. Return to: David K. Snyder Johnson / Turner 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 betwccn 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 pen iit the encroachment on its right-of-way area as set forth herein and subject to the conditions set forth below: 1 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 notify 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 so]e 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. 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. IN 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 ine, 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 Notary Public 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 foregoing instrument and acknowledged said instrument to be their free act and deed. THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson / Turner Legal 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 651-464-7292 Notary Public 5 EXHIBIT A EXHIBIT B 2 c:rry LAKE ELMO AYOR & COU CIL CO U ICATIO DATE: January 19, 2016 REGULAR ITEM #12 AGENDA ITEM: Cost of Service Study for Water and Sanitary Sewer Utilities — Approve Authorization for TKDA. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Cathy Bendel, Finance Director Mike Bouthilet, Public Works GGESTED ORDER OF BUSINESS: Introduction of ..... ....... Report/Presentation.............. ..... Questions from Council to Staff Public Input, if Appropriate...... Call for Motion .......................... Discussion ..... ..... ..... ..... . Action on Motion....................... ....... City Staff City Staff ............ ..... ......... ........... ........ Mayor Facilitates Mayor Facilitates ..................................... Mayor & City Council ............................ ......... Mayor & City Council ....... ........... ............. ...... ........ Mayor Facilitates POLICY RECOMMENDER: Administration/Finance/Engineering. FISCAL IMPACT: $13,900 to be funded 50% through the Water Enterprise Fund and 50% through the Sanitary Sewer Enterprise Fund. SUMMARY AND ACTION REQUESTED: This item was initially presented to the City Council for consideration on December 15, 2015. At that time the item was tabled by the City Council with a request to add the item to the 1/12/16 workshop and have the workshop be a joint meeting with the Finance Committee to have further discussion on this topic. The workshop was held and all questions were discussed related to this item. The City Council is respectfully requested to approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA. The recommended motion for the action is as follows: "Move to approve the Cost of Service Study for the Water and Sanitaty Sewer Utilities Task Order with TDKA in an amount not to exceed S13,900." -- page 1 -- City Council Meeting [Regular Agenda Item #12] January 19, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: City staff has contacted and met with Bernie Bullert from TKDA, an experienced utility manager, to prepare a Cost of Service Study for the water and sanitary sewer utilities. In particular, the goal of the study will be to better understand the cost of service for each utility so that a system of rates and charges can be confidently reviewed and developed to best meet the Utility's funding requirements, addressing conservation, and that are fair and equitable. The work includes a review of the City's water and sanitary sewer operational costs based on best practices, capital costs, and depreciation costs projected for 2016- 2025. The report findings may then be used by the City Finance Department for the purpose of projecting, cash tlows, bonding needs and evaluating user rates and charges. RECONIMENDATION: Staff is recommending- that the City Council approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA. The recorrunended motion for the action is as follows: "Move to approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA in an amount not to exceed $13,900." ATTACHMENT(S): 1. None. -- page 2 -- crri LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR COU CIL CO DATE: REGULAR ITEM U ICATIO January 19, 2016 #13 Financial Planning Services Agreement -Northland Services Clark Schroeder, Interim City Administrator Clark Schroeder, Interim City Administrator Finance Director Bendel, Finance Committee, Northland Securities SUGGESTED ORDEROF 131JSINESS: introduction o:f hem ......... ..... ....... ...... ......... ........ ....„............ !ity Administrator .............. . ........ Administrator Questions from Council to Staff ..... ..................... Mayor Facilitates Call for Motion ................................... ...... ...................... Mayor & City Council Discussion ......... ..... .... Mayor & City Council Action on ..... ................... ..... Mayor Facilitates POLICY RECOMMENDER: Interim City Administrator IMPACT: Not to exceed $3,000 for base model and $ 160/hr for quarter (estimated at less than 4 hours per quarter) - unbudgeted expense SUMMARY AND ACTION REQUESTED: This item was initially presented to the City Council for consideration on December 15, 2015. At that time the item was tabled by the City Council with a request to add the item to the 1/12/16 workshop and have the workshop be a joint meeting with the Finance Committee to have further discussion on this topic. The workshop was held and all questions were discussed related to this item. It is recommended that Northland Services be hired to take over the pro forma projection model as they have done similar work like this for the City in the past. BACKGROUND INFORMATION (SWOT): In 2012, the City of Lake Elmo entered into a contract with Northland Securities to provide Financial Planning Services/Analysis, specific to the Enterprise Funds. A detailed report was prepared and presented to the Lake Elmo City Council on February 28, 2013. Since that time, a new model has been developed that has become unmanageable and cumbersome. -- page 1 -- City Council Meeting [Regular Agenda Item #J3J January 19, 2016 Hiring Northland will allow the City to return to a more simplified approach for analyzing the Enterprise Funds. Northland will develop and present a report to the Finance Committee and City Council and provide subsequent quarterly updates. Strengths An independent analysis will provide the Council with a clear picture of the impact to the funds and free up staff time. It will remove the distraction and burden that his has put on staff Weaknesses updates. The City will have less detailed info and lose flexibility for interim Opportunities Northland is very familiar with Lake Elmo and the planned growth to date and envisioned for the future, thereby being best situated to provide advice to the Finance Committee and City Council. Threats None identified. RECOMMENDATION: Staff is recommending that the City Council approve enteiing into a Financial Planning Agreement between the City of Lake Elmo and Northland Securities for an amount not to exceed S3,000 for generating a pro -forma model for the Enterprise Funds and $160 per hour for subsequent quarterly updates. "Move to approve hiring Northland Securities Inc. to provide Financial Analysis Services to the City of Lake Elmo for an amount not to exceed $3,000.00 for generating a pro.Pi-Ina model for the Enterprise Funds and $160.00 per hourfor subsequent quarterly updates". ATTACHMENT: None -- page 2 -- TI CITY OF LAKE ELM AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO UNICATION DATE: January 19, 2016 CONSENT ITEM # 14 2016 Meeting Calendar Julie Johnson, City Clerk Clark Schroeder, Interim City Administrator Julie Johnson, City Clerk SUGGESTED ORDER OF BUSINESS (if removed from the consent agenda): introduction of Item ......... ..... City Administrator Report/Prcscritation..... ....... _City Administrator Questions from Council to Staff.................... ..... Facilitates Call for Motion ...... .......„„ ..... ...................... ..... ....„ Mayor & City Council Discussion.......... ...... ...... ....... .......... Mayor & City Council Action on Motion........ ..... .................. ..... ..... .................Mayor Facilitates POLICY RECOMMENDER: Staff FISCAL IMPACT: N/A SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is respectfully requested to approve the proposed 2016 City Meeting Calendar or amend as necessary. If removed from the Consent Agenda, the recommended motion is as follows: "Move to approve the proposed 2016 Meeting Calendar." LEGISLATIVE HISTORY: Adopting a meeting calendar serves as the official notice for the year of all upcoming meetings; thereby, satisfying legal requirements and increasing transparency to the general public. Due to elections, holidays and political caucuses, City Council workshops and Parks Commission meetings have been moved in January, February, March, August and November. If approved, the meeting calendar will be posted at City Hall and on the City's website. RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: "Move to approve the proposed 2016 Meeting Calendar." ATTACHMENTS: 1. Proposed 2016 Calendar of regular meetings and workshops -- page 1 -- January 5 January 11 January 12 January 19 January 20 January 25 February, 2 February 8 February 9 February 16 February 17 February 22 March 2 March 8 March 14 March 15 March 21 March 28 April 5 April 11 April 12 April 19 April 18 April 25 May 3 May 9 May 10 May 16 May 17 May 23 June 7 June 13 June 14 June 20 June 21 June 27 1-111 ClT1' LAKE ELMO 2016 REGULAR MEETING DATES City Council Planning Commission City Council Workshop City Council Parks Commission Planning Commission City Council Planning Commission City Council Workshop City Council Parks Commission Planning Commission City Council City Council Workshop Planning Commission City Council Parks Commission Planning Commission City Council Planning Commission City Council Workshop City Council Parks Commission Planning Commission City Council Planning Comntission City Council Workshop Parks Commission City Council Planning Commission City Council Planning Commission City Council Workshop Parks Commission City Council Planning Commission July 5 July 11 July 12 July 18 July 19 July 25 August 2 August 8 August 15 August 16 August 22 August 23 September 6 September 12 September 13 September 19 September 20 September 26 October 4 October 10 October 11 October 17 October 18 October 24 November 1 November 14 November 15 November 21 November 22 November 28 December 6 December 12 December 13 December 19 December 20 City Council Planning Commission City Council Workshop Parks Commission City Council Planning Commission CityCouncil Planning Commission Parks Commission City Council Planning Commission City Council Workshop City, Council Planning Commission City Council Workshop Parks Commission City Council Planning Commission City Council Planning Commission City Council Workshop Parks Commission City Council Planning Commission City Council Planning Commission City Council Parks Commission City Council Workshop Planning Commission City Council Planning Commission City Council Workshop Parks Commission City Council City Council Meetings are held at 7:00 p.m. & Workshops are held at 6:30 p.m. Planning Commission Meetings are held at 7:00 p.m. Parks Commission Meetings are held at 6:30 p.m. All meetings are held in the Council Chambers unless otherwise noted TiIU CITY C)1' LAKE FLMO MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/2016 REGULAR #15 MOTION AGENDA ITEM: Request from Rockpoint Church to Extend Final Plat Submission Deadline for Hidden Meadows 2"d Addition SUBMITTED BY: Stephen Wensman, City Planner THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Joan Ziertman SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request to extend the final plat deadline for Hidden Meadows 2nd Addition which will ultimately establish the residential portion of the OP development south of Rockpoint Church. The preliminary plat for Hidden Meadows 2"d Addition was approved by the City in 2006 and the City Code requires that a final plat be submitted within 180 days of the preliminary plat approval. In this case, the Council did approve three separate extensions to this deadline of one year, five years, and six months respectfully, and the current deadline expired on August 2, 2013. The Church is requesting the extension at this time because it is presently in discussion with a potential developer to purchase the property. The church is requesting another 3 year extension to allow time for a potential buyer of the plat to close the sale of the property, and to find an alternate buyer if the property does not sell. According to the church, the potential buyer intends to develop the property as it was originally approved. Staff recommends the Council either approve or deny the request for a final plat extension for Hidden Meadows 21 Addition. If the Council wishes to deny the request, then the motion is: "Move to deny the requestfrom Rockpoint Church to extend the deadline to submit a final plat related to Hidden Meadows 2'1 Addition for a period of three years until January 5, 2019." lithe Council wishes to support the request, then the alternate suggested motions are as follows: "Move to approve the request m Rockpoint Church to extend the deadline to submit a final plat related to Hidden Meadows 2"d Addition for a period of three years until Jamul!), 5, 2019. REVIEW: According to City Code, the Plat is void. The Plat expired on August 2, 2013. The council's past motion precluded any further extensions unless the easement was granted for the planned water line. The easement was executed by the Church on 1 /12/16. BACKGROUND INFORMATION: The Staff report from the previous extension request included the following information, which is still valid at this point in time: The City Attorney and the developer's attorney created a temporary easement agreement that provides the City with the desired protection of the open space areas until such time that a final plat is approved. The City Attorney confirnied that there is no cap on the length of time for a final plat extension. Council has the ability to extend a final plat for as many years as deemed necessary. Ultimately, the extension of the final plat is in the City's best interest as easements are in place to protect the future dedicated open space areas until the final plat is approved. Additionally, granting the requested extension provides a financial incentive to the developer to follow through with the residential development in the future once market conditions are right. • Outlots A & B, which make up the land to be developed into the OP subdivision, are not tax exempt. • By city code, outlots are not useable as building sites. Therefore, utilization of either outlot A or B for any purpose other than open space could not occur without City approval. • Not granting an extension will result in the developer losing preliminary plat approval, which in tum makes pursuing other development opportunities an option, but costing the owner. If the requested extension is not approved the developer will need to submit a new preliminary plat in order to pursue any development on the effected property. Note that the City will still have easements over the open space areas if this occurs in the interim period, but the incentive to follow through with the desired residential development will have diminished. RECOMMENDED ACTION:, Staff recommends the Council either approve or deny the request for a final plat extension for Hidden Meadows 2nd Addition. If the Council wishes to deny the request, then the motion is: "Move to deny the request from Rockpoint Church to extend the deadline to submit a final plat related to Hidden Meadows 2" Addition for a period of three years until Janualy 5, 2019." If the Council wishes to support the request, then the alternate suggested motions are as follows: "Move to approve the request front Rockpoint Church to extend the deadline to submit a final plat related to Hidden Meadows 2"d Addition for a period of three years until January 5, 2019. 2 ATTACHMENTS: Hidden Meadows 2"d Addition Preliminary Plat. Resolution 2016 - Denying the 4'1' Extension of Hidden Meadows 2"d Addition. Resolution 2016 - Approving the 4'1' Extension of Hidden Meadows 2"d Addition. SUGGESTED ORDER OF BUSINESS: Introduction of Item ...... . ...... ....... ..... ......... ........ City Administrator Report/Presentation........... ..... ........ ....... Planning Director Questions from Council to Staff... ......... .................. ....... ........ Mayor Facilitates Public Input, if Appropriate ....................... ............ .....„.......... Mayor Facilitates Call for Motion ..... ....... ....... Mayor & City Council Discussion.... ..... ......... . ....... ........... Mayor & City Council Action on Motion.... ........ ..................... ....... Mayor Facilitates r"IV4, 80 4;4 43 LNE tr 4 ctom N 90'9000' f 86,50 2 p 85.9,7 P190'00'06'6 HIDDEN E IOWS OF LA ELMO 2ND ADDITION • • T ile•%1 •••./.. 1 Li 1 -I I I -* -II 1111 /1 If 1 r% •—% 1 L.. IIIII • I J". • •it A' 88'4425' If tafint. PER ISM Or ....um., t.I.Kr <go 2605,59 - - A A — 24319 1<1 33 ' 33.00 Ner.10WE Hii)i)EN OUTLOT B AK,Cf • ,1 410.1.1.11 WU. OF 00191 • F "..30 Eft mu, Ufi.KE l UV Ulkaf f...are.pn , PER et.,A1 Cr .M01 ...486 ss % Kg..... . t two 580891,86, - ,.., 59 ft•=64 1,6 6 ,,..40'f7 IV .-[CCD MIT %MOTT USINVX, D. 1,4 01 .000i 004001a LAKE 8030 8069.94 ? Ij4,,,...E 4' t%; ' ' , 8 I - ,,,, Ed.rietoft... 1 ITA ... —_/ ''p -. I i I ;g; 01.9 J . . 6 3 ,.., t s 4.avaro a, -,, 4 A . -,.._ i ' \ 4 Olit, .S41.1 t k ro, rittet ,44.21.4 )2 575.00 .W14.91. 64 Lo236, 1 It.6251 , 467za.. .11; 1-4.roan - - .8,525.00 1'1 4'3 I" OUTLOT C *7=K"3g ALI. Cr MOW, e VICINITY MAP SEC 1, T19N, R2 I W NOT 40 SCALE ,..I4- I 716e°40. , 4 MATCH LINE , N. xcifiltiat. =WY •• CAS/ A..t mfarAtei, 8 4, AUX. C4.70t. PER TyLor or 14,0!r0e9 CASCUENY • PO, 8 c00 wi1< i30 s7:01 - 00 IV 88'6947' 5' 297.12 • • D0401141 MON 3000UE10T r828303 A140 44AR8E0 045 .0532. iNtISS NOIED O DMOITS 1/2 RCN 0 14 INCH IRON ktankiERIT sEt AND WAKED ALS 43604, UNLESS NOTED ie) OCAIOltS WA.540000p9 COUNTY tiOnUulpir DCHOWS CODE or EASENENT(S) DENDMS ACCESS COMA% DCNCITS foa Or 4,4414.440 L97 1099,05 586'6,012*T 1.1=fn:EE sCOD 82000 DRANACC 2 trkITY EAX0ENI5 ARC $41044€ AS £041000 0 LOT Lot A I81ATCH LINE 44 d R. Clean Company SHEET 2 OF 3 SHEETS DDEN EADOWS OF LAKE E 0 2N 1 DITION MATCH LINE t-sxo " XI, w L 3%21 -mktokm fASINKI.,-. 1 t-SIttf t.,5414,`' Awt$144,r 4 4-91.44s" - -- 1991- A-kaerrea 1-414.37," Asrectris, ,-MfvfAtIC .1-4Vatt4e S 'IS I raerar c s 11-1rItie 11 MATCH LINE HiD F..E 1,1 .84 erfrIff f ;16 c *refer c ‘-`\•I'ffAltiff fifttpV01, 01.1T0OT Z rworkke k mar eksZkOrri 994 44.1. WW1' t OUTLOT - ;7.3- — --1 0 .11.0110,t• 2 -.,,,i ...3 -17-7P41 18 '10 13 I_ii _:O,-r - 4•: 0. _ ,•.__Ti0:St;.,.ta:Zltr ."_-11" 10,,,T',o, Rs. ii ft fArt ,, ., 4 , 0.,..mokar 4 ...MIN Aa Of MA.. f 7 Ei i.:,,,i ,..'.: \ , , t 111If . , - I‘I. 14*we ail ef I LOT N arss'o4- c° 14,185.7,9,7 "T.P.2e r-eIe • 410.40.00* 30.69 l'4411t 1 t.„ *ersrest &904194 VICINITY MAP SEC, 2, TORN, R21W 009 70 COALE • DENOTES AWN 001101917 MONO et140 ItASKED RCS 10334 41114E40 RAM O 0E9005 tie 44944 0 4 NC. IRCto 098190999 SET AND tame, 1498 .43805, .49E95 Rocco 42tr 01940198 11.99/GT994 =KM 009t01ENT - MOMS EOM or FASEUENIES) 14 MOTES Acass 1:949101. 0910TES MOE 44989840 91,18A-1,0= Wive 4009 449*4 12.7. to„. 0419.0 fatiff ceocor 10,00 FOOT 09444019 44 011941T EASL9E0rs ARE 910.1 AS I9*190,019 LOT 5 T -r LOT g• tnod SH007 3 OF 3 SIXETO CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on July 25th, 2005, the Lake Elmo Planning Commission reviewed and recommended approval of an amended OP Concept Plan for Deer Glen subject to certain conditions; and WHEREAS, on August 16, 2005, and September 6, 2005, the Lake Elmo City Council reviewed the recommendations of the Lake Elmo Planning Commission along with revised OP concept plans for Deer Glen; and WHEREAS, on September 20, 2005, the Lake Elmo City Council approved resolution 2005-102 which approved the amended OP Concept Plan of Deer Glen; and WHEREAS, on September 20, 2005, the Lake Emo City Council approved an amendment to the conditional use permit for Rockpoint Church, Resolution 2005-029, to reflect the amended OP Concept Plan dated September 6, 2005; and WHEREAS, on September 20, 2005, the Lake Elmo City Council approved an amendment to the preliminary plat formerly approved by Council Resolution 2005-030 to reflect the amended OP Concept plan dated September 6, 2005; and WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for Hidden Meadows 1" Addition, previously referred to as Deer Glen; and WHEREAS, the developers agreement for Hidden Meadows 1" Addition required future platting of the residential portion of the approved plan; and WHEREAS, on January 2, 2007 the Lake Elmo City Council approved a one year extension to the deadline for the final plat submittal for the residential portion of the approved plan, thereby extending the final plat deadline to January 2, 2008; and WHEREAS, on December 11, 2007, the Lake Elmo City Council approved Resolution 2007-97 granting a five year extension to the final plat submittal deadline to January 2, 2013; and WHEREAS, on January 15, 2013, the Lake Elmo City Council approved a six month extension to the final plat submittal deadline to August 2, 2013 with the understanding that future Resolution 2016- extension will be considered after the dedication of a utility easement across the Church's property consistent with the location of a planned 16" water line; and WHEREAS, on August 3, 2013, the Hidden Meadows 2" Addition Plat became void for failure to extend the plat in a timely manner; and WHEREAS, on November 24, 2015, Rockpoint Church applied for a three year extension to the final plat submittal to allow a perspective buyer time to close on the purchase of the development property or to find an alternate buyer if the property does not sell; and WHEREAS, on January 12, 2016, Rockpoint Church executed for recording a utility easement across its property consistent with the location of a planned 16" water line as requested by the City Council; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the request for a 3 year plat extension for Hidden Meadows 2" Addition. This resolution was adopted by the City Council of the City of Lake Elmo on this 19`11 day of January, 2016. ATTEST: Julie Johnson, City Clerk 2 Resolution 2016- Mike Pearson, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016- A RESOLUTION TO DENY WIIEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on July 25th, 2005, the Lake Elmo Planning Coinmission reviewed and recommended approval of an amended OP Concept Plan for Deer Glen subject to certain conditions; and WHEREAS, on August 16, 2005, and September 6, 2005, the Lake Elmo City Council reviewed the recommendations of the Lake Elmo Planning Commission along with revised OP concept plans for Deer Glen; and WHEREAS, on September 20, 2005, the Lake Elmo City Council approved resolution 2005-102 which approved the amended OP Concept Plan of Deer Glen; and WHEREAS, on September 20, 2005, the Lake Emo City Council approved an amendment to the conditional use permit for Rockpoint Church, Resolution 2005-029, to reflect the amended OP Concept Plan dated September 6, 2005; and WHEREAS, on September 20, 2005, the Lake Elmo City Council approved an amendment to the preliminary plat formerly approved by Council Resolution 2005-030 to reflect the amended OP Concept plan dated September 6, 2005; and WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for Hidden Meadows lsAddition, previously referred to as Deer Glen; and WHEREAS, the developers agreement for Hidden Meadows 1' Addition required future plattingof the residential portion of the approved plan; and WHEREAS, on January 2, 2007 the Lake Elmo City Council approved a one year extension to the deadline for the final plat submittal for the residential portion of the approved plan, thereby extending the final plat deadline to January 2, 2008; and WHEREAS, on December 11, 2007, the Lake Elmo City Council approved Resolution 2007-97 granting a five year extension to the final plat submittal deadline to January 2, 2013; and WHEREAS, on January 15, 2013, the Lake Elmo City Council approved a six month extension to the final plat submittal deadline to August 2, 2013 with the understanding that future Resolution 2016- extension will be considered after the dedication of a utility easement across the Church's property consistent with the location of a planned 16" water line; and WHEREAS, on August 3, 2013, the Hidden Meadows 2" Addition Plat became void for failure to extend the plat in a timely manner; WHEREAS, on November 24, 2015, Rockpoint Church applied for a three year extension to the final plat submittal to allow a perspective buyer time to close on the purchase of the development property or to find an alternate buyer if the property does not sell; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby deny the request for a 3 year plat extension for Hidden Meadows 2" Addition. This resolution was adopted by the City Council of the City of Lake Elmo on this 19' day of Januaiy, 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2016- T/|s crr\ oI � � /� ���� � �u��-� �.�uu�u_. x-./vu^_^ MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/2016 REGULAR #16 RkJ/Pointe Sign Variance -|RETProperties, O65OHudson Blvd Stephen Weommoo,Planning Director Clark Schroeder, Interim City Administrator ]ouo7jertmao SUGGESTED ORDER OF BUSINESS: Introduction ofItem ..... '-...... —..................... ..... ... ...... .................. —'.... --SNL[ ..................... .... ---- ....... --.—......... —.......... —......... ,..... Staff - Questions from Council WSta8........... ---.—....... ---- ..... ... Mayor Facilitates - Public Input, if Appropriate.. .......... ........ .... ........ ....... '—....... ..... ... Mayor Facilitates Call for M'tkm..... ......... ....... ---- ..... ............. .......... ........ ... Mayor 8tCity Council - Discussion .................... ........ ......................................... ...... .... Mayor & City Council - Action onMotion ....... ... ... .—...... ... —........................ .... ...... .... Mayor Facilitates SUMMARY AND ACTION REO0E8I0D: Staff and the Planning Commission are recommending the City Council toapprove avariance request from |RETproperties for aSfoot height and 4foot width variance from the Eagle Point Business Park Exterior Sign Design Agreement to allow 35-foot high, 16-footwide pylon sign with the following motion: "Move to adopt Reso6/don201d-05 appmvi/ig the 5fintheight umd4foo/widtbval-iance request at 86JVf8/uhonBlvd, &no8o`vfirx35-/�o/high, l6-6,w,`mdenv/on sigil utthe High PvhiuoMedical Cbnyros. BACKGROUND AND STAFF REPORT: The Eagle Point Business Park Planned Unit Development was platted in 1999 with the Eagle Point Business Park Exterior Sign Design Agreement which identified the zoning standards for the development, including signage. Based onthe Agreement, pylon signs are allowed and can have a width of 12' and a height of 25', or 30' depending on the interpretation. To complicate matters, sometime inthe past Planning Staff prepared awritten summary ofthe Eagle Point standards and determined that sign height was tobedetermined nnacase'by'oasebasis. The applicant isseeking the sign to improve visibility for its multiple medical tenants. |norder toapprove avariance, the applicant must demonstrate compliance with 4required l\ Practical Difficulties Z} Unique Circumstances 3\ Character ofthe Locality 4\ Adjacent Properties and Traffic Staff reviewed the application and determined that the variance request met the 4 required findings. Additional detail about this review can befound inthe Staff Report tothe Planning Commission. PLANNING COMMISSION REPORT: The Planning Commission held a public hearing and reviewed the proposed variance on January 11, 2016. During the public hearing, no testimony was received and no other written comments were submitted to staff. The Planning Commission discussed the need for the sign, issues related to wayfinding, sign lighting, potential future driveway and site development, and the sign's potential effect on cut -through traffic in Park Dental's parking lot, After discussion of the proposed pylon sign and the requested variance, the Planning Commission recommended approval of the variance request (Vote: ) based on the findings in the staff report for this item, Further detail of the Planning Commission discussion can befound inthe draft Planning Commission minutes. Staff and the Planning Commission are recommending the City Council to approve a variance request from IRET properties for a 5 foot height and 4 foot width variance from the Eagle Point Business Park Exterior Sign Design Agreement to allow a 35-foot high, 16-foot wide pylon sign with the following motion: ^Alomo to udoo,Roso/n/iow, 30/8-05 apPrwv/ig the 5/�or8oi.,-6/mod4 6vt Wd/0 variance i,eqttest at 8650�dson. Blvd. to allo`v�ru35-foo/high, 1/����dem!loll sigil u/the High Pointe Medical Campits. • Resolution Z016-__ • Draft Planning Commission Minutes 1/11/16 • Planning Commission Staff Report 1/11/16 n Applicant's Written Statement • Exhibits [—HtnWritten Statement * Site Survey • Adjacent Pylon photos • Letters ofSupport • Eagle Point Development Standards CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2016-05 A RESOLUTION APPROVING A 5 FOOT HEIGHT AND 4 FOOTIllIDTH VARIANCE TO ALLOW FOR THE CONSTRUCTION OF A 35-FOOT TALL 16-FOOT WIDE PYLON SIGN AT 8650 HUDSON BLVD_ WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Milmesota; and WHEREAS, IRET Properties, on behalf of High Pointe Health Campus has submitted an application to the City of Lake Elmo (the "City") for a 5 foot height and 4 foot width variance to allow fora permanent 35 foot high, 16 foot wide pylon sign at the _High Pointe Health Campus, 8650 Hudson Boulevard, WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on January 11, 2016; and WHEREAS, the Lake .Elmo Planning Conunission has submitted its report and recommendation to the City Council as part of a StaffMemorandum dated January 19, 2016; and WHEREAS, the City Council considered said matter at its January 19, 2016 meeting. NOW, THEREFORE, based on the testimony elicited and information received. the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirement s of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: a) A 5 foot height and 4 foot width variance to allow for a permanent 35 foot b igh, 16 foot wide pylon sign at the High Pointe Health Campus, 8650 Hudson Boulevard. 4) That the Variance will be located on property at 8650 Hudson Boulevard, Washington County, Minnesota with the following P1D: 33.029.21.44.0007. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not Resolution No. 2016-05 1 permitted. Specific Findings: increasing the allowed height from 30-foot to 35-fOot and the width front 12-foot to 16-foot for a pylon sign represents a reasonable use of the property. The properly is zoned Business Park and is surrounded by other commercial uses. A larger nonconforming pylon sign exists adjacent to the site. Visibility to the site is difficult and identification of the multiple tenants is also reasonable. The variance is in keeping with the intent of the City's sign ordinance: to foster high quality conunercial and industrial development and to enhance economic development of existing businesses and industries by promoting reasonable, orderly, attractive and effective signs that meet the need for business Um :cation, advertising and communication. Staffdetermines that this criterion is met. 6) The plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific Findings: The site, lot layout, and the poor visibility from Hudson Boulevard and Interstate 94 are unique and not circumstances created by the landowner. The Crossroads Collision and Park Dental buildings sit in front of the High Point Health facility limiting visibility. The facility sits to the rear of the site, the flat buildable area, leaving little physical presence on the Hudson Boulevard frontage. The restrictive sign design guidelines were created by the developer and approved by the City of Lake Elmo, not the current land owner/applicant. Staff determines that this criterion is met. 7) The proposed variance will not alter the essential character of the locality in which the property in question is located. Specific Findings: The location of the property and surrounding properties are within the Business Park, or are Commercial zoning. There exists one other pylon sign within the locality, and others beyond that are larger and are noncompliant with the City's sign ordinance. The Eagle Point Business Park Agreement does allow a pylon sign. Staff determines that this criterion is met. 8) The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific Findings: The proposed variance will not impair an adequate supply of light and air to any properties adjacent to the proposed pylon sign site. The proposed pylon sign is located on an undeveloped portion of the applicant's lot. The presence of the sign ivill not present additional congestion on public streets, or substantially diminish or impair property values within the neighborhood. Staff determines that this criterion is met. CONCLUSIONS AND DECISION Based on the foretwing, the Applicant's application for a Variance is granted. Passed and duly adopted this 19th day of January, 2016 by the City Council of the City of Lake Elmo, Minnesota, Mayor Mike Pearson Resolution No, 2016-05 2 ATTEST: Julie Johnson City Clerk Resolution No, 20 6- DD��D[DT /^��rEx� December l,201B Mr. StephenVVensman City ofLake Elmo 380OLaverne Avenue North Lake Elmo, Minnesota 55042 Re: Land Use Application — Variance; High Pointe Medical Campus Dear Mr. VVensman: Enclosed please find the following: l.LandUseApp|icadon—Vahance a. Exhibit Atnapplication — property location and legal description b. Exhibit 8tn app|ication—detai|ed reason for request, with Exhibits c. Exhibit[toappUcation—pmctica| difficulties related to application Z. Non-refundable fee inthe amount of $750.0Ufor processing the application ]. Written Statements (a'iasdefined inthe application) with the ExhibitsA'H attached 4.Verification nfownership; title insurance commitment from Stewart Title 5. Certified list of property owners located within 350' of the property and certified by a licensed abstractor; provided byCommercial Partners Title 6. Property survey: a. Ten (lO)lIxl7copies b.One (1)full size copy Please contact meifyou have any questions about this application. Sincerely, h Dawn Grant, 0M,[PM,RPA Director ofCommercial Asset Management Endnauns [c: Mayor Pearson mETpro,erties ^5ulo5iaia,of I nvcst.rs Real Estate Trust ` 10050crosx"~ Circle, xuit^1cs ' Eden Prairie, ww5 534*'3349 Date Received: Received By: Permit It: 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 TI 0 Comprehensive Plan 0 Zoning District Amend 0 Zoning Text Amend J Variance"(see below) 0 Zoning Appeal 0 Conditional Use Permit (C.U.P.) 0 Flood Plain C.U.P. 0 Interim Use Permit (I.U.P.) E3 Excavating/Grading 0 Lot Line Adjustment 0 Minor Subdivision 0 Residential Subdivision Sketch/Concept Plan o PUD Concept Plan 0 PUD Preliminary Plan 0 PUD Final Plan ApplicantjFIET Properties, a North Dakota Limited Partnership Address: 10050 Crosstown Circle, Suite 105, Eden Prairie, MN 55344 Phone #:952-401-4831 Email Address: dorantft.iret.com Fee Owner: IRET Properties, a North Dakota Limited Partnership Address: 1400 31stAven ue Southwest, Suite 60 . Minot, ND 58702 Phone#:952-401-031 Email Address: grantiiret.com Property Location (Address and Complete (long) Legal Description: See attached Exhibit A Detailed Reason for Request: See attached Exhibit 8 'Variance Requests: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: See attached Exhibit C In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures, I further acknowledge the fee explanation as outlined in the application procedures and hereby a ree to pay all statements received from the City pertaining to additional application expense. Signature of applicant: Avir\ awn M. Grant Director of Comme Signature of fee o Date: Date: 01 15 Applicartoti Handout VARIANCE PROCEDU p FOR THE CITY OF L ELMO The Lake Elmo City Code was established to protect both current and future residents from the negative impacts of improper development and to ensure a positive future for the city. A variance request is the mechanism that allows the City Council to determine whether a project deviating from code should be permitted. In order to successfully receive a variance, there are a number of steps that must be followed: 1. Contact city staff to discuss your proposed variance and obtain a land use application form from City Hall. 2. Put together an informational packet (described herein) that outlines your request and outlines all reasons as to why the variance should be granted. 3. Submit your completed packet to staff by the applicable due date for review. Staff will examine your information to determine if the application is complete, and contact you if additional information is required or was omitted. It is to your advantage to submit your materials as early as possible so staff can assist you in meeting all requirements. Applications found to be incomplete will be returned to the applicant.2 4. Staff will address completed applications by requesting comments from partnering agencies, scheduling meetings, writing reports, and noticing a public hearing. 5. The Planning Commission will hold the scheduled public hearing (2nd or 4th Monday of the month3); and will forward recommendations to the City Council for consideration (1 or 3ffl Tuesday of the month3). Applicants are advised to attend both the commission and Council meetings and be open to questions regarding the request. 6. The City Council will consider the request and either grant or deny the variance. Above all else, it is imperative that an applicant begin preparations as early as possible to ensure the application is submitted by the due date in any given month. Please anticipate that review by the Planning Commission will not occur until at least one month has passed from the date of submittal. The City Council has established a non-refundable fee for processing variance applications. Please consult the fee schedule on the City website for current fee. Please note that it is the responsibility of the applicant to provide all required information and to illustrate all reasons why the requested variance should be granted. City staff is not authorized, ' The information provided In this document is intended to be a correct statement of the law as set forth in the Lake Elmo City Code and the laws of the State of Minnesota. However, the applicant should refer to the actual sources and consult with their own legal advisor regarding applicability to their application. In providing this information, the City makes no representations nor provides any legal advice or opinion. 2 Minnesota State Statute 15.99 requires local governments to review an application within 15 business days of its submission to deterrnine if an application is complete and/or if additional information is needed to adequately review the subject request ' Staff will determine when applications are reviewed based on the time needed to review the application and the number of items already scheduled on future agendas. Please note that meeting dates are subject to change due to holidays, lack of quorum, etc. Please contact City Hall to confirm all dates and times. Applicant Is also responsible for any additional fees incurred by the City (i.e. engineering, planning, postage, legal expenses, et cetera). nor permitted, to prepare applications since the "burden of proof' rests with the applicant to justify the specific request. At a minimum, the following materials must be submitted prior to deeming an application complete. Sub: Req: Item: p-(1 P 1. A completed land use application form signed by all property owners and applicants along with payment of the proper filing fee. Fl El 2. Written statements providing information regarding your proposal. Please provide a separate answer for each of the lettered items listed below (answers must be submitted in both hard copy and electronic form--pdf files or MS Word format): a. A list of all current property owners (if individually owned), all general and limited partners (if a partnership), all managers and directors (if a limited liability company), and/or officers and directors (if a corporation) involved as either applicants or owners. b. A listing of the following site data: legal description of the property, parcel identification number(s), parcel size (in acres and square feet), existing use of land, and current zoning. c State the provision(s) of the Lake Elmo City Code for which you seek a variance. (For example, Section 300.07 Zoning Districts, Subd (4b3) — Minimum District Requirements) d, A specific written description of the proposal and how it varies from the applicable provisions of Lake Elmo Code. e. A narrative regarding any pre -application discussions with staff, and an explanation of how the issue was addressed leading up to the application for a variance. f. Explain why the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration. g. Explain why the plight of the landowner is due to circumstances unique to the property and not created by the landowner. h. Justify that the granting of the variance would not alter the essential character of the neighborhood i. Justify that the granting of the variance will not impair adequate light and air to adjacent properties and that it will not substantially increase the congestion of public streets or substantially diminish or impair property values in the neighborhood. 2 El 3. Verification of ownership (a copy of a current title report, purchase agreement, etc.) Sub: Req: Item: E] 4. Address labels: A certified list of property owners located within three hundred fifty (350') feet of the subject property obtained from and certified by a licensed abstractor. E] 5. DITHDOIDE Ten (10) plan size copies (I 1x17 or larger),and one (1) electronic copy of a certified survey depicting the lot upon which a variance is requested. The survey shall be at a readable and measurable engineering scale, be pre -folded for distribution, and include the following information': Location, Floor Area, and Building Envelope of Existing & Proposed Structures Lot Lines Parcel Size in Acres & Square Feet Building Setbacks (Front/Rear/Side/Lake): closest point of building to each property line Actual elevations for Garage Floor, Basement Floor, Foundation Top, & Building Height Lowest Floor Elevation if any part of property is in flood plain All Water Features: Floodplain, Floodway Delineations, Ordinary High Water Mark Elevations, Wetlands, Watercourses, Reservoirs, Ponds, & Other Bodies of Water [1] Existing topographic character of land showing contours at 2' intervals 0 Proposed topographic character at 2' intervals 0 Flow arrows indicating direction of drainage n General location of wooded or heavily vegetated areas LI All Adjacent Structures Within 100 Feet of Property D All Easements (Road, Utility, Drainage, etc.) Public Right -of -Way Name (street name) 0 Proposed driveway location and proposed driveway grades E Wells & Neighboring Wells if New Drainfield is Installed Septic System & Drainfield, or Sanitary Sewer Connection Percolation Test & Soil Boring Holes (if applicable) DHardcover Calculations--% and square footage of: 5 If your survey must be larger than 11x17 to be fully legible and to scale, we ask that four (4) copies be in the large format. 6 Please consult with staff on exactly what to include on your survey. Every application Is unique and may require more or less information than what is listed in this handout, Staff reserves the right to require additional information. Building coverage - Public street right-of-way - Driveway and parking Open space and/or landscaped area 0 Proposed Treatment of the Perimeter, including Screens, Fences, Walls, & Landscaping Ej Location of adjacent Municipal boundaries Survey requirements continued: Shoreline and/or tops of bluffs (if applicable) El Administrative Information: Scale North Point Signature of Surveyor - Date of Preparation (THE REVISION BOX MUST BE CONTINUALLY UPDATED AS CHANGES OCCUR!!!) PID Number Site Address Legal Description Subdivision Name (if applicable) - Zoning Classification 0 7. Any other information required by city staff, commissioners, or council members necessary to provide a complete review of the variance request. Information deemed critical to the review process not listed in this handout may be requested'. Staff will list other requirements below: 00 00 If you have any further questions that are not covered by this handout, please contact the Planning Department at Lake Elmo City Hall: (651) 747-3912. We look forward to assisting you! 7 Number of copies, size, and other such administrative details may also be imposed when requiring additional information. 4 Exhibit A to Land Use Application/Variance High Pointe Health Campus IRET Properties, a North Dakota Limited Partnership Address: 8650 Hudson Boulevard, Lake Elmo, Minnesota 55042 P|Q: 33.029.21.44.0007 Legal Description: All that part ofthe Southeast Quarter ofthe Southeast Quarter ofSection 33,Township Z9North, Range 2lWest, Washington County, Minnesota, described as follows: Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees 00 minutes 40 seconds West, along the East line of said Southeast Quarter, a distance of43S6l feet to the POINT OF BEGINNING; continue thence North O0degrees 00 minutes 40seconds West, along said East line, a distance of48326 feet' thence North 90 degrees 00 minutes 0Oseconds West adistance of 683.24 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 423.69 feet; thence Westerly 123.88 feet along the arc of non -tangential curve concave to the South whose radius is 230.00 feet and whose chord bears South 83degrees 51 minutes O7seconds West; thence South 68degrees 24 minutes 49 seconds West a distance of1UZ.8l feet tua point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way a distance of42l73 feet along the arc of non -tangential curve concave to the Northeast whose radius is 768.51 feet and whose chord bears South 52 degrees 53 minutes 56sec*nds East; thence North 00 degrees 00 minutes40 seconds West a distance of176.]G feet; thence North 89 degrees 35 minutes 53 seconds East distance ofl7S.00 feet; thence South OOdegrees UO minutes 40 seconds East distance of 223.25 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way line a distance ofSll3 feet along the arc of a non - tangential curve concave to the North, whose radius )s768.5lfeet and whose chord bears South 84 degrees 06minutes 58 seconds East; continue thence South 86degrees 05 minutes 47 seconds East adistance ofl41.01 feet; thence North 8Udegrees OUminutes 4Useconds West a distance of 301.88 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of20O.00 feet to the POINT OFBEGINNING and there terminating. Exhibit B to Land Use Application/Variance High Pointe Health Campus IRET Properties, a North Dakota Limited Partnership Detailed Reason for Request: Applicant is making this application for a variance to allow for the installation of a pylon sign at the southernmost portion of the property previously described, along Hudson Boulevard, approximately as shown on Exhibit B'lattached hereto. High Pointe Medical Campus is part of the Eagle Point Business Park PUD exterior sidesign which provides for a pylon sign of approximately 30' in height and 12' in width. Applicant is requesting a variance from this approximate height and width requirement to a pylon sign of 35' in height and 16' in width, at a value nfapproximately $2O0,45O.00. Adravving is attached as Exhibit B'Z and a photograph depicting the proposed location is attached as Exhibit B'3. '30 4-; -r (r, Exhibit B-1 - Location of sign on property 1- cf5 dVBFf„35.-'5..rt .sCe-Pf tt CAL 1.+LICRIPItE04 7ITLC cautfillAtur Legend 3,` .,„!) lea; :XIV, x: WHAM. V0R4OTfl PLUM 4CONI, OKVAICtt Cf Miff& r PiCACACKWarS SURIONICRTiffe,ar 0146 80/410 PV,,e11 Approximate location of sign 1410. • C0e.6.5),AnTI) ALTA/ACSM LARD TITLE SURVEY kr,41V.G.. BM Min. tate tithQ, WIZItritog 5.1055. SUi ,410 VitfttieWOOd *mu,* • - - LAKE ELMO MN - ‘4- OPTION: A 192" (161 HEALTH CAMPUS ORTHOPAEDIC URGENT CARE SURGERY CENTER URGENT CARE OPEN FACE ILLUMINATED PYLON - ELEVATION VIEW SEALE: 3/16"=P-0" 2" RETAINER Exhibit B-2: Drawing of sign -A,2" REVEAL 2" REVEAL Fa DOUBLE FACE ILLUMINATED PYLON -SIDE VIEW SCALE: 3/16".1`.0" DESCRIPTION A j—ALUMINUM CABINET - ALUM. CABINET PAINTED P1 - 2" ALUM. RETAINERS/ DIVIDER BAR PAINTED P1 B )—TENANT PANELS -(4)6%0" 9%0" FLAT WHITE LEAN TENANT PANELS WITH HANGER MISS • 3M TRANSLUCENT VINYL GRAPHICS • WHITE LED ILLUMINATION 1--POLE WRAPPER - 16" FABRICATED ALUMINUM POLE WRAPPER - PAINTED TO rams CABINET FINISH SCHEDULE MP12257 COAT TRAIL LAY 28,5 CHANGE COPY CHANGE COPY sicN COMPANY V.ectuttdmitsitigil.COM NI rot; 0 wet Rotto, St Pout tettt 99103 D12.023.7201 077,023.7291 CLIENT: .414 NIGH POINTE 8650 Hodson 1310.II. Lake Elmo, MN 55042 SIGN TYPE: D/F ILLUMINATED PYLON CUSTOMER APPROVAL NAME. DATE: REV 1 01.29,15 5 REV 2 02.1 1.15 1S REV 3 07.20.1 5 RR SALES: SH PR: DESIGN:1S DATE: 01.29,15 DWG: 5807 37 Vit the OnIttget, WorArty VA144$,an Holding; Inc. etra NWT.; S;grk gg-d ate.. tgtuil tho ttoginobtalt O. Ho ...tees. 'Foto 3,4 ,,OntIte4 to c t304 0000403337nse y.w. he.. 3 744033s4 tt,,e Q34044 313.300 ition MU, SIV t74tt3040)PC. t-1,41qu:t 1333 sty: mooutootorid 33334mg to tile,.47000 3,31iittotot htb bon ot Mo. bitos to apt.. otoot gtog otogtott. ot poi or the00 oletto construct 3 .g3 o,tot. 10 If. G. embArE0 UWASSt, ptc...3 3.90 Wider Rat. Coafilf,ht 7014 45.11,/ Si, Hatt-Pop-1ot. 0 ELECTRIC U3110 Si°4 PAGE; 0.1 Exhibit 13-3: photoshop location of sign LAKE ELMD, MN *- NORDQUIST SIGN COMPANY roos,SOFriqUISISIgn.surs 90 rte. PUN, ROM, St. FrOt .SW9 612.6213291 2/7,823,729 I CLIENT HIGH POINTE HEALTH CAMPUS 6G50 Hudson BIM, N. Lake Elmo, MN 55042 SIGN TYPE; Off ILLUMINATED PYLON CUSTOMER APPROVAL NAMF, DATE, 2021 01.29.151S REV 2. 02.11.1515 REV 3 07.20.15 RR SALES: SH PR, DESIGN:IS DATE, 01.29.15 DWG: 5807 These srars rreNst4r trrt,r`V SS 30,lle5 Asidtstr, 303.-0. tioseqsrst St,:naraJ am the ;,titti o, wottal rm. or tts Othritire,4 Tory rte surtsitt,r3 to ynstscarrpsny los I tr s.rie pwrrserf yattat rqnsktrearn 32 r,Kolttt, fts purchase Shesr ptsns or Ea paha,. trons MOS. 53, 31034933 lrc iss Sturtrast Strn A Ks marrst.Ittred 40535 00000 1,1rsSt dtSt.tutton or rods.. al Star OM 308109038 otres than empfstres ectristary. ssr ltirSe Ors, cosssIrtrt strn wails, Its thr one e411,300e0 Itverat, srPrrtsst 14,41-0S,Ser w,II.rdsr ussr tiarte far damktil. CoV.ett 30" St' rt.ttt‘t .$30014'111331. 31r:gidt,fesetrttr. 0 ELECTRIC IrtIM PAGE: 0,1 Exhibit C to Land Use Application/Variance High Pointe Health Campus IRET Properties, a North Dakota Limited Partnership Practical Difficulties related tothis al2oUcatinn High Pointe Medical Campus was developed ori 'hP0inteK4edica|[annpusvvasdeve|ope6nd ina|k/aspartofa|argerheo|thcarecannpus. The current building is the initial medical building completed without other properties having been developed asoriginally proposed. |thas poor visibility and access. The patients ofthe dinics/surgen/oenter in the building have difficulty locating the building, Further, the lack of visibility of the building from the frontage road and 1-94 provides for no marketing opportunity for the clinics/surgery center. These factors have also impeded leasing ofthe vacancies inthe building while trying to compete with the locations in the City of Woodbury just across the freeway. Signage is being proposed in order to provide visibility to compete in the current marketplace. The current sign design plan for the Eagle Point Business Park PILID Agreement provides for a pylon sign o(approxinotelV30/inheight and 12'inwidth, This isnot feasible given the topography of the site and would not achieve the kind of height required to be visible from the frontage road, but more importantly from /'84. |norder toaccommodate the existing tenants and an additional prospective tenant, the width also needs to increase so that the names are appropriately legible from adistance. Therefore 3variance isbeing requested b]increase the height bv1G.5%to35'andthewidthby ]3Y6tolG' Written Statements to Land Use Application/Variance High Pointe Health Campus |PXETProperties, a North Dakota Limited Partnership Alist ofall current property owners |RETProperties, oNorth Dakota Limited Partnership, alimited partnership under the laws ofNorth Dakota b) Alisting offollowing site data: legal description ofproperty, Parcel identification number(s).Parcel size (in acres and square feet)'existing use ofland and current zoning * Legal description: see attached Exhibit A\oWritten Statements * Parcel identification number(s): 33.029.21.44.0007 • Parcel size (acres and square fee{): l0.464acres and 4S5,O]1square feet • Existing use ofland: 3'storybrick medical office building with parking lot and vacant land ~ Current zoning district: 8P—Business Park/Light Manufacturing per City ofLake Elmo Zoning Map; see attached Exhibit BtoWritten Statements d State the nrovidons(dofthe Lake Elmo Ch,Code for which vouseek avariance Variance being considered according tothe provisions of§IS4.017. Variance from the approved Eagle Pointe Business Park PUD, which is in essence the zoning district. Avariance is from the negotiated sign regulations inthe PUDAgreement. Please refer toaletter from the City of Lake Elmo (Mr. Kyle K|a11) attached to Exhibit [to Written Statements. d) A specific written description of the proposal and how it varies from the applicable provisions of Lake Elmo Code The Eagle Point Business Park PUD exterior sign design provides for a tenant pylon sign, at approximately 3(Yinheight and lZ'inwidth. Due tntopography ofthe site and tnachieve the amount of panels needed for High Pointe Medical Campus, a pylon sign of 35' in height and 16' inwidth isbeing proposed. Please refer toExhibits B-2and 8'3attached detailed reozonfbr request aspart ofthis land use application. Anarrative regarding anvpre-application discuss\onswithstaff.andanexp|anationofhowthpbsue was addressed leading uptothe application for ovariance Dawn Grant of IRET Proper -ties and Steve Hirtz of Nordquist Signs met with Nick Johnson of the City of Lake Elmo Manning Department on January 14, 2015 to discuss the possibility of increasing the size of a pylon sign along Hudson Boulevard, which would be a variance from the negotiated sign regulations in the Eagle Point Business Park PUUAgreement that governs the High Pointe Medical Campus (HPIVI[). In meeting with Mr. Johnson was provided a proposed sign drawing (at 35' in height and 18' in width) and Dawn Grant discussed hardship of visibility and competition of the City of VVoodhvn/s more visible properties for patients of the HPK4[ tenants. Mr. Johnson agreed to take it under advisement. On January 15' 2015' Mr. Johnson stated that our initial request was a 16%xahanoo in height, but more than a 50% variance in width and requested a revision to our initial drawing. We provided a revised drawing on January 30, 2015, attempting to work within the PUD's pEproximote approved height and width of 30' and 12' respectively, while trying to achieve what the property needs, and therefore created a revised drawing of 38' in height and 16'wide, a 27% and 33% variance respectively. Mr. Johnson asked that lower height sign was considered and a revised drawing was submitted for 35' in height. On FebruaryS' I015, Mr, Johnson indicated that he would meet with other staff and provide feedback. DnFebruary 2O,I01S,after meeting with other staff members, Mr. Johnson provided in an e-mail that "the 35'feet/n height will work /n addition, the proposed width should also work. Please note that this interpretation is based on the approved Eagle Point Business Park Sign Plan which ollowsfor approximately 30feet in heights and approximately 12 feet /nw/dth"|nresponse tothis e mai|'DavvnG/an1indicatedthat|RETwou|dmeetwiththe tenants of the building and inquired if a permit application was the next step. Mr. Johnson responded by e-mail that applying for a permit application would he the next step. This sequence ofe'mai|sisattached asExhibit DtoWritten Statements. |nlight ofthis approval from Mr. Johnson through mid -July, |RETworked with existing and prospective tenants to ascertain locations on the proposed sign. On July 23, 2015, Nordqvist Sign (Steve Hirtz) applied for the permit application as was documented in the February 20, 2015 e-mail from Mr. Johnson. After nothearingaresponse(bothe'mai|aodvoicemai|)forsevera|days,SteveHirtzcontactedthe City ofLake Elmo onAugust 3,2OlSand was notified that Mr. Johnson was nolonger employed there and Steve Hirtz was assigned to Kyle Klatt as the new planning department representative. Steve Hirtz resent the permit application, along with the e-mail correspondence from Mr. Johnson that provided approval subject to the permit application, and after waiting for several weeks, Dawn Grant contacted Mr. K|att as to the status on August ZS, 2015 of the permit application. On September 2' 2815, M/. K|att denied the sign permit application and provided a formal letter (attached as Exhibit E to Written Statements) and an e-mail correspondence with options for pursuing alternative signageoptions (attached as Exhibit F to Written Statements) - Dawn Grant contacted Mayor Pearson to discuss the situation of the length of time for responses and asked the City of Lake Elmo to honor the original approval by Mr. Johnson. Apparently after internal discussions, the denial was not going to change and September 23' 2015, K4/. K|ati again denied the permit application and required that either a variance application orzoning appeal should beapplied for. in several e-mail and voice mails following this e-mail from Mr. K|att, Dawn Grant asked Mr. K|attfor guidance on which ofthe applications was more applicable. After no response, sometime in October, Dawn Grant contacted Mayor Pearson again as to not being able toget a response from M/. K|attand was informed that Mr. K|attwas leaving the City nfLake Elmo inearly November. Dawn Grant was then given the name of Ben Gozo|a' a temporary planning staff member to work with on the process. M/. Gozm|a deferred the question to Steve Wensman, a new planner who would start on November 2, 2015, Mr. Gozo(aand Mr. VVensman discussed the issue and on November 6,2O15, Mr. VVensman answered the question of which application process was more applicable and asked that a variance application befiled. f) Explain wbv the strict enforcement of this chanter would cause practical difficulties because of circumstances unique tothe individual proneMvunder consideration The property was developed originally as part of larger health cane campus. The current building is the initial medical building completed without other properties developed and therefore has poor visibility and access. The patients ofthe clinics/surgery center inthe building have difficulty locating the building. Further, the lack ofvisibility of the building from the 8) frontage road and more importantly from 1-94, provides for no marketing opportunity for the dinics/surgerycenter. These factors have also impeded leasing ofthe vacancies inthe building, with the 4S,7Zlsquare foot building standing at24.S96vacant which isfar under the market for medical office buildings in the surrounding market. The si8nage proposed vvuu|d provide the visibility that isnecessary inorder tocompete effectively. Aminimum offour panels |srequired for current tenants, leaving one available for prospective tenant of the remaining vacancy. In under to provide identity of the campus, as well as readable sign panels for each tenant while being able to see the sign visibly from both the frontage road and 1'94, the 35' proposed is necessary. In preparing for the initial meeting, both Dawn Grant and Steve H|rtzspent a great deal of time ascertaining the right height in order to achieve the level of visibility necessary (otherwise the sign at lower height would simply not achieve what is necessary). it is the opinion of the applicant that the viability of the building and tenant's future success in the City of Lake Elmo depends in part on the pylon sign approval. Two of the major tenants in the building (High Pointe Surgery Center and Twin Cities Orthopedics) have provided letters of support and justification for the pylon sign. Please find these letters attached Exhibit and H tothe Written Statements. Exolain whvthe olight of the landowner is due to circumstances unioue to the oronertv and not created bvthe landowner High Pointe Medical Campus (HPK4[)isnot inthe heart cf the local medical community; which is located mostly in Woodbury, The City of Woodbury has been and continues to be the strongest competition tothe City ofLake Elmo, Many prospective tenants have not considered HPK4[because ithas aLake Elmo address. Even though less than amile from Woodbury and as accessible from 1'94, tenants such as an independent pediatrics clinic were in the market for space and chose not to consider HPMC because it was not in the City of Woodbury. To further exacerbate the current market conditions, there are new medical office buildings and two new surgery centers announced in the City of Woodbury (Tria Orthopedics and Summit Orthopedics). One of HPM['s major tenants is It. Croix Orthopaedics, a division of Twin Cities Orthopedics, who want to grow their presence and compete head on, are planning on providing urgent care services in 2016, but feel strongly that without siSnage visibility, they cannot effectively compete. HPMCs largest tenant, High Pointe Surgery Center serves not just the local community but throughout the Twin Cities and greater Minnesota. One nfthe main issues facing their continued success is visibility and patient access. |RET Properties currently has two prospects to lease the remaining vacancy and increase the viability ofHPK8C, who have both indicated they will not consider HPK4[without the approved pylon sign. h) ]ustJvthat granting nfthe variance would not alter the essential characteroftheneighborhood The proposed sign is tasteful and the only thing in question is the height and width of the sign. Given the proposed location, it provides visibility from 1'94 and the frontage road without impeding the neighborhood. The installation of the proposed sign has no different affect than an existing pylon sign on the neighboring property to the west. Please refer to the proposed i) Justify that granting of the variance will not impair adequate light and air to adjacent properties and that it will not substantiallv increase the congestion of public streets orsubstantiallv diminish or impair Pronertvvalues inthe neighborhood The proposed sign at3S' in height and IG' in width will not cause any impairment to light and air, and will not cause congestion. Please refer 0nthe proposed location photo attached tnthe detailed reason for request exhibit of this land use application. The property values of the neighboring properties with existing signage available on the frontage road' will not be diminished in value; it cannot have an affect onwhat already exists. The only probably affect on property values would be an increase in value of HPMC when fully occupied and the possibility of an addition to the existing building if additional tenants are achieved or existing tenants expand, Exhibit to Written Statements — Legal Description Land Use Application/Variance High Pointe Health Campus URE7[Properties, a North Dakota Limited Partnership All that part of the Southeast Quarter of the Southeast [iu8/t2r of Section 33, Township 29 North, Range 21VVest, Washington County, Minnesota, described as follows: Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees N] minutes 40 seconds West, along the East line of said Southeast Quarter, a distance of 435.61 feet to the POINT OF BEGINNING; continue thence North 00 degrees OO minutes 40 seconds West, along said East line, a distance of483.26 feet, thence North 90 degrees OO minutes OO seconds West a distance of683.I4 feet; thence South OO degrees 00 minutes 00 seconds East adistance of4Z3.69 feet; thence Westerly 123.88 feet along the arc nfa non - tangential curve concave tnthe South whose radius is 230.00 feet and whose chord bears South 83 degrees 51 minutes 07seconds West; thence South 68degrees Z4minutes 49 seconds West a distance of 102.81 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way a distance of4Zl.73 feet along the arc of non -tangential curve concave to the Northeast whose radius is 768.51 feet and whose chord bears South 52 degrees 53 minutes S6seconds East; thence North UO degrees 00 minutes 4Oseconds West a distance of17636 feet; thence North 89 degrees ]S minutes 53 seconds East distance of17S.0U feet; thence South 00degrees OOnninut*s 40 seconds East a distance nfJJ3.ZSfeet tna point on the Northerly right ofway line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way line adistance of 53.13 feet along the arc ofa non -tangential curve concave to the North, whose radius is 768.51feet and whose chord bears South 84 degrees 06 minutes 50 seconds East; continue thence South D6degrees OS minutes 47seconds East adistance nfI41.Olfeet; thence North UO degrees O0minutes 40 seconds West a distance of 301.88 feet; thence North 89 degrees 35 minutes SSseconds East adistance of3OO.00 feet tothe POINT OF BEGINNING and there terminating. E•ti;,,i1 it to Writii,tt StakttithtnL, - Land L.,h, Aprittaithmt IREProp,:c ZONING DISTRICTS V: „ A L BP CC GB LC LC-PUD LDR LDR-PUD MDR MDR-PUD OP PF R2-PUD RE RR RS RT Municipal Boundary Shoreland District Dam Disclaimer: This map is not a boundary starves and if, not intended to be used as such. The City of take Elmo assumes 00 114,lity for the completeness of this map or cesponsibdity for any associated threct, indlrect, or consequential damages that may result from its use ot micuce. Official Zoning Map .41,510414tt0titfr454, 44-ef SZ.Va ,5 .4 44 I Sources: Washington County Si Metro GIS 5-11.2015 TI IL CITY OF LAKE ELMO THE CITY OF � ����� ��� ���� �I���»^8�' ��'�—����v~y September 2, 2015 5bevenK4. Hirtz NoodquistSign Company 945 Pierce Butler Route St. Paul, yNNS51O4 Re: Sign Permit Application — High Point Health Campus k4r.Hirtz, Exhibit CioWritten S|otcueo} Land Use Variance Application lRF,,I Properties I am writing to inform you that the City of Lake Elmo is hereby denying your request for a sign permit for 8650 Hudson Boulevard North, The reasons for the denial are as follows: � The sign permit application specifies that the sign will be 35 feet in height and is taller than the maximum height specified in the development standards for the Eagle Point Business Park Planned Unit Development (PUD) as approved by the City of Lake Elmo. Although the Eagle Point PUD Standards include an exterior sign design plan and location plan that depicts an approximate height for pylon signs within the park, the written standards contain specific requirements for signs intwo locations asfollows; Proposed Standard: Monument and pylon signs (25'maximum height) may be constructed within 20' of the street right-of-way. Proposed Standard (Revised): The City is concerned about the pylon sign height,specifically our reference to attracting traffic off the freeway, and the number ofpylons that might exist. VVepropose that businesses can have signage on the building and a monument sign at the property's entrance, and that a pylon sign must be approved on a case -by -case basis by the City, however the size of the sign will match what wehave proposed inour »ignageplan. The size, 12'X6'signfaceand Z5'height isdesigned primarily for Inwood traffic, not freeway. \nthis case, itisour staff'sinterpretation that the more restrict provisions inthe PUDdevelopment standards will apply toindividual sites, This is consistent with the administration of the City's Zoning Ordinance which states that: where the conditions imposed byany provision qfthis chapter ore either more restrictive o/less restrictive than comparable conditions imposed by any other low, chapter, statute, resolutions or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Please contact me if you have any questions about the City's review of this permit or the interpretation of the sign requirements for the Eagle Point Business Park asdescribed above Sincerely, myleKlatt Community Development Director 3800 Laverne Avenue North , Lake Elmo ^Kinnesnta55042 Phonek251) 747-3900, Fax: /651) 747-3901 ,x-wn.hkcelmo.ozg A, ET From: To: Subject: Attachments: Exhibit Dio\YhKrxStatements Land Use Application Nick Johnson ^N]ohnson@lakeemourg» Friday, February 2l2Ol5 1.45PM Dawn Grant [RET Steve M. Hidz, Kyle 0att DeanZu|eger; Rick Chase RE: High Pointe Medical Campus pylon sign Sign -permit applO7l3,pdt8uUdingPermitApp/icatipn3.l9.l4.pdf That's correct. Ifyou want Uuproceed, you can apply for asign permit through me. Attached |sthe sign permit application. In addition, given the size of the sign, you will also need a building permit (attached). Tnebuilding permit will need toinclude all the necessary engineering due tnthe size ofthe sign. |fyou have questions about what will need to be submitted with regards to the building permit, contact Rick Chase, the Building Official. Generally speaking, the plans will need to be signed/stamped by a certified engineer. An electrical permit will also be required. Rick Chase isa good resource to navigate that process. Let usknow ifyou have additional questions. Take care, Nick K8.Johnson | City Planner City ofLake Elmo, Minnesota njphnson@|akee|mmm.org (vv)GS1'747'3glZ|(f)6S1'747-39U1 www.|akee|mo.nrg '--Odgina|MessaQe— Fmm: Dawn Grant' |RB[moibn:0Grant@iret.com] Sent Friday, February 2O,2O1S1:38PK8 To: Nick Johnson Cc: Steve M.Hirtz;Kyle 0att;Dean Zu|eger Subject: RE, High Pointe Medical Campus - pylon sign Thank you so much! We will discuss with our tenants and then apply for a permit if that's our next step with you? Dawn M.Grant, QONiCPM, RPA Director ofCommercial Asset Management |KETProperdms 10050 Crosstown Circle 5uite1O5 Eden Prairie, MN 55344 962.401.4832/phone\ | 9SI.4O1.7OSO(fax) d8rant@|ret.comvvxvxv.inetcom Investors Real Estate Trust --'OriginalMessaQe--' F,om:Nickjohnson[moibo:N0uhnsmn@|akee|mo.org] NYSE Symbol: IRET a subsidiary of Sent: Friday, February 2lD]15B:S3AM To: Dam/nGnmnt- |RET Cc: Steve M. Hirtz;Kyle Natt;Dean Zu|e0er Subject: RE: High Pointe Medical Campus - pylon sign |apo|ngize | thought | responded earlier. The 35feetinheight will work. |naddition, the proposed width should also work. Please note that this interpretation is based on the approved Eagle Point Business Park Sign Plan which allows for approximately 3Ofeet in heights and approximately 12feet inwidth. Let us know if you have any questions. Take care, Nick K8.Johnson | City Planner City mfLake Elmo, Minnesota njohnson@|okee|mourg (m/)651-747'39121 (f) 651-747-3901 m/xmm.|ahee|mo.omQ --Original Message -- Fnmm:Dawn Grant -|RET[nailto:DGrant@|ret.con] Sent: Friday, February J[\ZOlS 6:40AKX To: Nick Johnson Cc: Steve M.Hidz;Kyle K|att;Dean Zu|eger Subject: Re: High Pointe Medical Campus - pylon sign Hi Nick, I hope you are well. I was wondering what you thought of our latest version? I have a meeting with one of our major tenants on Tuesday and would love to give an update if I could. Thanks and have a great weekend. Dawn C6lZ'S40-8499<te|:G12-940-Q499» Sent from ny iPhone Hi Nick: We took another stab at this and like the attached that lessens the overall height to 35' and using only 3 tenant names (we would like to go to four which is also shown on the attached, but we feel the last name may be lostin the sight line from the fveeway). What doyou think? Thanks and have a great weekend! 2 Dawn M.Grant, COM, CPM,RPA Director nfCommercial Asset Management IRET Properties ----- Original Mesage-- From:Nick Johnson [maikn:KUuhnsnn@|akee|mo.pr0] Sent: Monday, February O9,3OlS1Z:43PM To: Dawn Grant '|RET Cc: Steve K4.Hirtz;Kyle K|att;Dean Zu|eger Subject: RE: High Pointe Medical [ampus-py|onsign In discussing the updated version ofthe sign with the Community Development Director, |tnmKtneupdated sign is a bit too high. In working within the constraints of "approximately" 30feet |nheight and 1Zfeet inwidth, 3Wfeet istoo high from our perspective tobedefensible. |nworking |nthe realm of"approximatek/",|believe that the width of the updated sign (16feet) isacceptable. In addition, the previous sign had a height of 35 feet, which was within a range that we were comfortable. 38feet )n height, however, |stoo great a deviation. We would like to be within Sfeet if possible. Could the proposed sign be reduced to 35 feet in height and keep the width as is? The "approximately" language does give us a little bit of latitude, but we need to be in the ball park for it to be defensible. I would mention that there are a few other sign requests out there that may drive an ordinance amendment to nursignoode. However, | don't know what direction that may go, and itmay take longer than your desired time period. There still is the option of the variance, although less desirable due to process, cost and timing. Let nneknow what you think about our review. |amhappy toanswer any questions you may have, Atthe end ofthe day, vvewant toassist you asbest we can while still being able to defend our decisions as being in the reasonable range of "approximately". Take care, Nick W1.Johnson JCity Planner City ofLake Elmo, Minnesota n]uhnann@|akee|mo.org«maiIto: njohnson@bkee|mo.orQ> (xv)651'747-3912/(f)651'747-3901 wwm/]akee|mn.n,g <http://wnwvv.|akee|mn.qrg> --OMgina|Messagp-- Hrom:Dawn Grant '|RET[maiho:DQmnt@iet.com] Sent Friday, January 3D 202511x48AM To: N ick Jo h nso n [c: SteveK8. Hirtz Subject: High Pointe Medical Campus - pylon sign Nick: Thanks again for your time a couple of weeks ago to discuss the proposed pylon sign for High Pointe Medical Campus. VVerecognized the issue nfallowing too much ofevariance. Asyou mentioned, our last drawing was u18% variance in height, but more than a 58%variance in width. Trying towork within the" approved height and width of3Q'and12'reupectivey,while trying tm achieve what meneed, wecreated the attached which is38'high and 1G'wide, a27%and 3396variance respectively. What dnyou think ofthis revision? I'll beout next week onbrief medical leave, not checking e-mail the first few days, but will be back in e-mail world mid -late in the week. My husband and | did come toLake Elmo that Saturday after memet for lunch atthe Lake Elmo Inn. You are right - the bar area 'is a nice quiet area to be. Thanks for the tip. It was fun. Dawn Dawn M.Grant, CCINLCPM,RPA Director ofCommercial Asset Management |RETPrmpert|es 1OU58Crosstown Circle So}te1O5 Eden Prairie, K8N 55344 95I.401.4831(phune) /952.401J058 (fax) cgrant@iret.com<maUto:dgrant@inet.com> <mailtoxgent@|ret.mm> wvmwJre{.conn«ht2p;/mo^xm)retcnm> <http://momw.ireLcum» | NYSE Symbol: IRET <5807 HIGH POINTE HEALTH CAMPUS Lake Elmo pylon-02 11 15,pdf> THE CITY OF T A KE EK MO September 2,2015 Steven M.H)rtz NonjquistSign Company 945Pierce Butler Route St. Paul, MNSSlO4 Exhibit E(oWritten Sioionrot [undUse Variance Application |BBTPmpertim Re: Sign Permit Application — High Point Health Campus K8r.H|rtz, I am writing to inform you that the City of Lake Elmo is hereby denying your request for asign permit for 8650 Hudson Boulevard North. The reasons for the denial are as follows: m The sign permit application specifies that the sign will be 35 feet in height and is taller than the maximum height specified in the development standards for the Eagle Point Business Park Planned Unit Development (PUD)asapproved bythe City ofLake Elmo, Although the Eagle Point PUD Standards include an exterior sign design plan and location plan that depicts an approximate height for pylon signs within the park, the written standards contain specific requirements for signs intwo locations asfollows: Proposed Standard: Monument and pylon signs (25'maximum height) may be constructed within 20' of the street hDht-nf-way. Proposed Standard (Revised): The City is concerned about the pylon sign height, specifically our reference toattracting traffic off the freeway, and the number ofpylons that might exist. VVepropose that businesses can have dgnageonthe building and amonument sign at the property's entrance, and that a pylon sign must be approved an a case -by -case basis by the City, however the size of the sign will match what wehave proposed inour signageplan, The size, I2'X6'signfaceand 25'height isdesigned primarily for Inwood traffic, not freeway. In this case, it is ourstaff's interpretation that the more nsthcL provisions in the PUD development standards will apply tnindividual sites. This is consistent with the administration of the City's Zoning Ordinance which states that. where the conditions imposed byany provision of this chapter are either more restrictive orless restrictive than comparable conditions imposed by any other low, chapter, statute, resolutions nrregulation of any kind, the regulations which ore more restrictive or which impose higher standards or requirements shall prevail. Please contact me if you have any questions about the City's review of this permit or the interpretation of the sign requirements for the Eagle Point Business Park asdescribed above Sincer)ely, Kyle Klatt Community Development Director 3B0OLaverne Avenue North , Lake Eltou^Minnesota 5S042 Exhibit F to Written Statements Land Use Variance Application MET Properties From: Kyle Klatt To: Steve M. Hirtz Cc: Dawn Grant - IRET; mikepearson1965Pyahoo,com; Clark S hroeder Subject: RE: High Pointe Medical Campus - pylon sign Date: Wednesday, September 02, 2015 4:08:26 PM Attachments: SKMBT C25315090214530.ndf Eagle Point Develooment Standards - Reduced.ndf Steve: Attached is the City's formal response letter to the sign permit application for High Pointe Medical Campus. I am also attaching the full set of development standards for the Eagle Point Business Park that are on file in our office for your consideration. I was able to contact Nick Johnson to discuss his previous correspondence with you concerning, this matter. While he and 1 were in agreement on the potential interpretation and application of the illustrative drawing included in the Eagle Point Business Park Development Standards. neither of us caught the written standards specific to signs when this initial review was performed. I apologize for the earlier direction you were given, but at this point. I need to take into account all pertinent information as part of our formal sign permit review. The attached letter documents the specific reasons for the denial of the permit request. Based on the City's decision regarding this matter, you have the following options in order to continue perusing alterative signage options for this site: - Revise the plans to conform to the sign height standard of 25 feet. - Appeal the interpretation of the Eagle Point Business Park Development Standards to the City's Board of Adjustment and Appeals (which is the City Council) - Request a variance to allow a higher sign than allowed under the City's Zoning Ordinance: or - Apply for an amendment to the Eagle Point Business Park PUD to allow a sign that is higher than allowed under the development standards or to change the maximum sign height throughout the business park. If you wish to pursue any of these options or if you have any general questions about the City's review, please contact me. Kyle Klatt Community Development Director City of Lake Elmo (651)747-3911 Original Message -- From: Steve M. Hirtz [inailto:Stevel-Willorthinistsivn.com Sent: Friday, August 21, 2015 9:07 AM To: Kyle Klatt <KKlatt@lakeelmo.org> Cc: 'Dawn Grant - IRET<DGrant@iret.com> Subject: RE: High Pointe Medical Cainpus - pylon sign Hello Kyle - I am checking in to see if there is need for additional information from us and if there is an updated on our submittal. Thanks, Steve Sut 0 YT November 23, 2015 Mayor Mike Pearson City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Mike, Exhibit G to Written Statements Land Use Application IRET Properties 8650 Hudson Blvd, N., Sulte 235 lake Elmo, NIN 55042 651-702-7400 866-325-4490 . . Vi hpsuoary.r: 0 .'11 Hope you are doing well. I was going to connect with you today after the boys' basketball tournament but didn't want to burden you with Lake Elmo City business at that time. I am writing on behalf of High Pointe Surgery Center. Our surgery center was formed in 1998 and has been a vibrant, successful business in the City of Lake Elmo. Our patients not only come from Lake Elmo but from as far away as the Iron Range and the surrounding Twin Cities' metropolitan area. As health care continues to evolve, we are also seeing patients from all over the United States and even so far as other countries. We believe we offer Lake Elmo something that otherwise wouldn't be available — local, high quality, cost-effective health care. The campus also provides many other high quality health care services (e.g. Twin Cities Orthopedics, OSI Therapy, and Pediatric & Young Adult Medicine). One of the main issues facing us today is visibility and patient access. Our location is not in the heart of the local medical community; therefore, we must find ways to enhance our signage and visibility. Very soon, we will have a competing surgery center across 1-94 in Woodbury. Prior to this happening we are hopeful the City of Lake Elmo will allow our building owners, IRET, the ability to move ahead with driveway monument signage. It is my understanding that I T has gone through all necessary protocols for us to place new signage. However, the Lake Elmo city administration and council challenges have created roadblocks for us to move forward. Our monument signs have not been updated since opening in 1998; therefore, ERET's request is not unreasonable or made in haste. Pm hopeful you can help us move this forward and have it resolved by the end of this year. It would be great if we could count on new signage in early January 2016. I appreciate your help Mike. If you would like to visit with me and/or if there is anything I can do to help move this forward, please don't hesitate to let me know. Take care, Digitally signed by Traci Ater! TraciAlbers,D:,:.c81-"Tirab.eci,eAlbessnma,,offn,o9ux,.., ,us Dates 2015.11.12 134754 .iii5Inze Traci Albers, Executive Director Exhibit Bm\/,kteo Statements Land Use Variance Application lRETPmpu/iCS PHYSICIANS Jaclyn w,Bailey, w� Bruce J.nam*.un� Melanie L,Berg, o.em, Glenn wcoeglo =o,m,u Benjamin L.oplr,uew. Thomas x.Comfort, wo. Jason po/°te,w.ou.w.o, Jessica m.Downes, M,o. Christian w.DuBois, wu Paul u+ame,en.w.D`M,a^A, Nancy �������MEd Nicholas w,Holmes, m.o. Ryan R.xa,/.*u.mo. Eric E,mnmmo.w.o. Robert uxnowlo .wcz Kevin s,Lindgren, mo. Michael n.we/otemno.m». Steven mcm"istom"n.w.0 Steven o.w^/o:ou'wo. Nicholas J.Meyer, wo. David xLPalmer, wo. Timothy J.panok,w.u, Erik J.Peterson, w.o. Andrea Ivi.oatemak,mu William T,Schneider, mo. Troy ^. Vargas, o,pw. Nicholas G. Weiss, M.D, swEmrUs Robert umeis(eding,m� 5803meal Avenue North Oak Park Heights, ww550m-21n n,/:so1wao'xoor Toll free: aom*z3-1000 Fax: 6511439-0232 S T ~ C R 0" U X Part of Twin Cities Orthopedics October 23,2Ul5 Mayor Mike Pearson City ofLake Elmo 38OOLaverne Avenue North Lake Elmo, K4N 55042 RE: High Pointe Building Signage Dear Mayor Pearson, Twin Cities Orthopedics (TIO)(previously St. Croix 0rthopoedicdbalong time and consistent tenant in the High Pointe Health Campus building, located at 8650 Hudson Boulevard in Lake Elmo. The landlords, IRET, have consistently heard my concerns related to the visibility of the campus, the signage on the building and the monument sign located at the entrance of the facility. We have grown our presence on this campus with increased services, expanded hours and additional volumes, all without the support ofthis critical component for our patients. |REThas been diligent, professional and supportive ofaddressing these concerns bvworking with the sign vendor tomodify the existing dgnage. They worked directly with the City ofLake Elmo, receiving a written approval subject to a permit application and went through all the appropriate channels. After months and months of delays, due to staffing changes and internal issues with the City ofLake Elmo government, | was informed that there are even further delays inmoving forward with the si8na8e that was previously approved. VVeunderstand they will befiling a variance application orappeal, which T[Owill unanimously support, TCOhas 34locations throughout the metro area and inWestern Wisconsin, The siInageprocess with other city entities is typically straight forward, easy and streamlined. |nevery instance nfmy dealings with the City ofLake Elmo related to this campus, | am always extremely disappointment and frustrated by the responsiveness to your business owners within your city, VVeare planning onfurther expanding our business inJanuary Z02Gbyproviding urgent care services 7days per week from Oa.m.to8p.m. The visibility and siQna8ebanimportant element in that overall business strategy to ensure success. | am requesting an expedited approval process on the previously agreed upon signaOexo that we can complete installation as soon an possible, Melsnie(K8e|) Sullivan, Ed.D,MBA Cc: Dawn Grant, IRET Verification of Ownership Land Use Application IRET Properties INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <httpl/wwwaltaorgl>. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions, THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT, YOU SHOULD READ THE COMMITMENT VERY CAREFULLY, All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Page 1 *LTAPlain Language Cnm~itmrm(6/1nn6) TITLE INSURANCE COMMITMENT Issued by uaranty company AGREEMENT TOISSUE POLICY We agree to issue policy to you according to the hsnno of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A` this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Da1e, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment iulimited bythe following: The Provisions inSchedule A. The Requirements in Schedule B'i The Exceptions inSchedule B-||. The Conditions ooPage 2. This Commitment is not valid without SCHEDULE Aand Sections | and || of SCHEDULE B. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory, IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and oee| to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersi �CountersignAtm Stewart Title of Minnesota, Inc, Company Bloomington, Minnesota City, State 24n«L|xPlain Language Commitment (6n7m6 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B — Section 11 may be amended to show any defects, liens or encumbrancestha1appearfor the first time iothe public records nrare created nroffaohbetween the Commitment Date and the date onwhich all ofthe Requirements (a)and (c)ofSchedule B—Section | are met. VVashall have noliability toyou because ofthis amendment. 3. EXISTING DEFECTS If any dehauts, liens or encumbrances existing at Commitment date are not shown in Schedule B. we may amend Schedule Btoshow them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing, 4. LIMITATION OF OUR LIABILITY Our only obUgadonisto issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liabilfty will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown inSchedule B—Section | or Eliminate with our written consent anyExcepdonauhowninSohedukaB—SecdonU. Weshall not be liable for more than the Policy Amount shown in Schedule Aof this Commitment and our liability bsubject to the terms of the Policy form toboissued to you. 5. CLAIMS MUST BEBASED ONTHIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based onthis Commitment and iosubject Voits terms. Page uaranty company uaranty company ESTABLISHED 1893 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY AS BEING SYNONYMOUS WITH UALITY uaranty company P.O. Box 2029 Houston, Texas 77252 TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY SCHEDULE A 1. Commitment date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I — REQUIREMENTS SCHEDULE B-II — EXCEPTIONS CONDITIONS Page 1 2 ALTA Commitment Schedule A SCHEDULE A Customer Reference tt: 955743 Order Number: 153273 1. Effective Date: January 4, 2012 at 7:00 A.M. 7 Policy or Policies to be issued: (a) ALTA Owner's 2006 Proposed Insured: NONE (b) ALTA Loan 2006 Proposed Insured: `ICE Bank, its successors and/or assigns 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple and is at the effective date hereof vested in: IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota Amount of Insurance $5,400,000.00 4. The land referred to in this Commitment is located in the County of Washington, State of Minnesota, and described as follows: SEE ATTACHED EXHIBIT A STEWART TITLE GUARANTY COMPANY Commitment Page 5 of() ALTA Commitment Schedule A SCHEDULE A EXHIBIT A All that part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees 00 minutes 40 seconds West, along the East line of said Southeast Quarter, a distance of 435.61 feet to the POINT OF BEGINNING; continue thence North 00 degrees 00 minutes 40 seconds West, along said East line, a distance of 483.26 feet, thence North 90 degrees 00 minutes 00 seconds West a distance of 683.24 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 423.69 feet; thence Westerly 123.88 feet along the arc of a non -tangential curve concave to the South whose radius is 230.00 feet and whose chord bears South 83 degrees 51 minutes 07 seconds West; thence South 68 degrees 24 minutes 49 seconds West a distance of 102.81 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way a distance of 421.73 feet along the arc of a non - tangential curve concave to the Northeast whose radius is 768.51 feet and whose chord bears South 52 degrees 53 minutes 56 seconds East; thence North 00 degrees 00 minutes 40 seconds West a distance of 176.36 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 175.00 feet; thence South 00 degrees 00 minutes 40 seconds East a distance of 223.25 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way line a distance of 53.13 feet along the arc of a non -tangential curve concave to the North, whose radius is 768.51 feet and whose chord bears South 84 degrees 06 minutes 58 seconds East; continue thence South 86 degrees 05 minutes 47 seconds East a distance of 141.01 feet; thence North 00 degrees 00 minutes 40 seconds West a distance of 301.88 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 200.00 feet to the POINT OF BEGINNING and there terminating. Being Torrens property. Certificate No.: 60591 STEWART TITLE GUARANTY COMPANY Commitment Page 6 of 9 ALTA Commitment Schedule B Section I SCHEDULE B — Section 1 Requirements Order Number: 153273 THIS COMMITMENT IS NOT AN ABSTRACT, E_IIAA/IINATION, REPORT, OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH THREE (3) OF THE CONDITIONS. The following are the requirements to be complied with: 1. A properly executed and recordable mortgage from IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota, to TCF Bank. Affidavit Regarding Borrower(s) executed by IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota. 3. The company requires the following to be satisfied, subordinated or partially released: Mortgage, Security Agreement and Fixture Financing Statement in the original principal amount of $8,100,000.00, dated 11-8-1998, filed 12-17-1998, as Document No. 1075768, between East Metro Medical Building, LLC, a Minnesota limited liability company, mortgagor, and The Variable Annuity Life Insurance Company, a Texas corporation, mortgagee. Amended by Consent, Assumption, Loan Modification, Amendment to Mortgage, Security Agreement and Fixture Financing Statement and indemnification Agreement dated 7-30-2004, filed 10-5-2004, as Document No. 1150298; mortgage assumed by IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota. 4. The company requires the following to be satisfied, subordinated or partially released: Absolute Assignment of Leases and Rents dated 12-8-1998, tiled 12-17-1998, as Document No. 1075769, between East Metro Medical Building, LLC, a Minnesota limited liability company, assignor, and The Variable Annuity Life Insurance Company, a Texas corporation, assignee. Amended by Consent, Assumption, Loan Modification, Amendment to Mortgage, Security Agreement and Fixture Financing Statement and Indemnification Agreement dated 7-30-2004, filed 10-5-2004, as Document No. 1150298; assignment assumed by IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota. STEWART TITLE GUARANTY COMPANY Commitment Page 7 o 1 9 ALTA Commitment Schedule B Section SCHEDULE B — Section 11 Exceptions Order Number: 153273 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records, 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Rights or claims of tenants, as tenants only, in possession under unrecorded leases. 7. Taxes for the year 2011 in the amount of $346,110.00. They are paid in full. Base Tax amount $343,323.63. PIN: 33.029.21.44.0007. Non -Homestead There are no delinquent taxes of record. 8. Special and pending assessments, if any. Note: An assessment search has been requested and the results of that search will follow by revision. 9. Minnesota Department of Transportation Right of Way Plat No. 82-31, filed 9-29-1981, as Document No. 58129. 10. Terms and conditions of Partial Final Certificate dated 10-9-1987, filed 11-12-1987, as Document No. 85987. 11. Ter-ns and conditions of Declaration of Protective Covenants dated 12-1-1997, filed 12-19-1997, as Document No. 1065503. 12. Tenus and conditions of Easement Agreement dated 12-10-1997, filed 12-31-1997, as Document No. 1065505. STEWART TITLE GUARANTY COMPANY Commitment Page 8 of') ALTA Commitment Schedule B Section II SCHEDULE B — Section 11 Exceptions 13. Terms and conditions of East Metro Healthcare Center Cooperation Agreement dated 12-2-1997, filed 12-31-1997, as Document No. 1065506. 14. Terms and conditions of Memorandum of Cooperation Agreement dated 12-10-1997, filed 12-31- 1997, as Document No, 1065507. 1.5. Terms and conditions of Grant of Permanent Easement dated 12-10-1997, filed 12-31-1997, as Document No. 1065509. 16. Terms and conditions of Easement and Agreement dated 8-30-2004, filed 1.0-6-2004, as Document No. 1150352. STEWART TITLE GUARANTY COMPANY Commitment Page 9 of 9 Page 1 of 1 Parcel Search: October 20, 2015 at 9:13 a.m. by SURVPUB 350 feet surrounding 3302921440007. 49 parcels, 29 labels. 0402821110006 3302921440003 3302921440005 3302921440006 3302921440007 3302921440009 3302921440010 3302921440012 3302921440013 3302921440014 3302921440015 3302921440016 3302921440017 3302921440018 3302921440019 3302921440020 3302921440021 3302921440022 3302921440023 3302921440024 3302921440025 3302921440026 3302921440027 3302921440028 3302921440029 3302921440030 3302921440031 3302921440032 3302921440033 3302921440034 3302921440035 3302921440036 3302921440037 3302921440038 3302921440039 3302921440040 3302921440041 3402921330003 3402921330010 3402921330011 3402921330012 3402921330013 3402921330014 3402921330015 3402921330022 3402921330023 3402921330024 3402921330025 3402921330027 E P t el Use Avery mplate 51600 S A MILLER LLC or Current Resident ,5 108TH ST N S rILLWATER MN 55082 GIGUERE ROBIN M or Current Resident 1101 PARTS AVE N WEST LAKELAND MN 55082 CASEY LEE E or Current Resident 8617 EAGLE POINT BLVD LAKE ELMO MN 55042 JTZ LLC & TMZ LLC or Current Resident 8615 EAGLE POINT BLVD LAKE ELMO MN 55042 EAGLE POINT TOWNOFFICE PARK ASSN INC or Current Resident 2970 CHASKA BLVD CHASKA MN 55318 OP4 BOULDER PONDS LLC or Current Resident 11455 VIKING DR # 350 EDEN PRAIRIE MN 55344 LEGACY ASSET PROPERTIES LLC or Current Resident 8623 EAGLE POINT BLVD LAKE ELMO MN 55042 P & R PROP GROUP LLP or Current Resident 8661 EAGLE POINT BLVD LAKE ELMO MN 55042 HLI PROP LLC or Current Resident 7202 NEWBURY RD WOODBURY MN 55125 STATE OF MN -DOT arrent Resident 1Lu0 COUNTY ROAD B2 W ROSEVILLE MN 55113 A W ,-•---3 B®Ird eong the to Fe •d Paper ° ' r4 expose Pop•up EdgeTM HANCOCK DAVE & JEAN M or Current Resident 7574 185TH ST CHIPPEWA FALLS WI 54729 IRET PROPERTIES or Current Resident 1400 31 ST AVE SW # 60 MINOT ND 58702-1988 EJM PROPERTIES LLC or Current Resident 8653 EAGLE POINT BLVD LAKE ELMO MN 55042 CITY OF LAKE ELMO or Current Resident 3800 LAVERNE AVE N LAKE ELMO MN 55042 ZYWIEC JOSEPH J & DEBORAH A or Current Resident 7980 113TH ST S COTTAGE GROVE MN 55016 BACHMANN CLINIC PROPERTY LLC or Current Resident 8669 EAGLE POINT BLVD LAKE ELMO MN 55042 D GETSCH LLC or Current Resident 11711 ASTER WAY WOODBURY MN 55129 LAW SPACE LLC or Current Resident 8681 EAGLE POINT BLVD LAKE ELMO MN 55042 ZYWIEC JOSEPH J or Current Resident 9471 JEFFERY AVE S COTTAGE GROVE MN 55016 MILES LLC or Current Resident 8657 EAGLE POINT BLVD LAKE ELMO MN 55042 s s AV V® 59601m I CJ BLOSSOM LLC or Current Resident 8631 EAGLE POINT BLVD LAKE ELMO MN 55042 SCHNY ZONE LLC or Current Resident 8625 EAGLE POINT BLVD LAKE ELMO MN 55042 JTAAA PROPERTIES LLC or Current Resident 8649 EAGLE POINT BLVD LAKE ELMO MN 55042 UNITED LAND LLC or Current Resident 3600 AMERICAN BLVD W # 750 BLOOMINGTON MN 55431-1079 CrTY OF WOODBURY or Current Resident 8301 VALLEY CREEK RD WOODBURY MN 55125 BRI MAR CO INC ETAL or Current Resident 7450 FRANCE AVE S # 260 EDINA MN 55435 CREATIVE HOMES INC or Current Resident 707 COMMERCE DR #410 WOODBURY MN 55125 NORMAN JAMES LLC or Current Resident 8362 TAMARACK VILLAGE #119-160 WOODBURY MN 55125-3392 GOSS PROPERTIES LLP or Current Resident 8910 HUDSON BLVD N LAKE ELMO MN 55042 Etiquettes fades 5 peter IG Ike? (o nai'arit LUMEN A Sens de Repliez it la hachure afin de r5vd1o. Is •of+nrrt Pncruo init I www.averycom 1.RnM_f lLAl/PRv 1 a Use Avery® Template 5160® S A MILLER LLC or Current Resident 16845 108TH ST N STILLWATER MN 55082 GIGUERE ROBIN M or Current Resident 1101 PARIS AVE N WEST LAKELAND MN 55082 CASEY LEE E or Current Resident 8617 EAGLE POINT BLVD LAKE ELMO MN 55042 JTZ LLC & TMZ LLC or Current Resident 8615 EAGLE POINT BLVD LAKE ELMO MN 55042 EAGLE POINT TOWNOFFICE PARK ASSN INC or Current Resident 2970 CHASKA BLVD CHASKA MN 55318 OP4 BOULDER PONDS LLC or Current Resident 11455 VIKING DR # 350 EDEN PRAIRIE MN 55344 LEGACY ASSET PROPERTIES LLC or Current Resident 8623 EAGLE POINT BLVD LAKE ELMO MN 55042 P & R PROP GROUP LLP or Current Resident 8661 EAGLE POINT BLVD LAKE ELMO MN 55042 HLI PROP LLC or Current Resident 7202 NEWBURY RD WOODBURY MN 55125 STATE OF MN -DOT or Current Resident 1500 COUNTY ROAD B2 W ROSEVILLE MN 55113 Sear! a! Ilae to Feed Paper ,---'2::x7r21 expose Po p -up Edge" HANCOCK DAVE & JEAN M or Current Resident 7574 185TH ST CHIPPEWA FALLS WI 54729 IRET PROPERTIES or Current Resident 1400 31 ST AVE SW # 60 MINOT ND 58702-1988 EJM PROPERTIES LLC or Current Resident 8653 EAGLE POINT BLVD LAKE ELMO MN 55042 CITY OF LAKE ELMO or Current Resident 3800 LAVERNE AVE N LAKE ELMO MN 55042 ZYWIEC JOSEPH J & DEBORAH A or Current Resident 7980 113TH ST S COTTAGE GROVE MN 55016 BACHMANN CLINIC PROPERTY LLC or Current Resident 8669 EAGLE POINT BLVD LAKE ELMO MN 55042 D GETSCH LLC or Current Resident 11711 ASTER WAY WOODBURY MN 55129 LAW SPACE LLC or Current Resident 8681 EAGLE POINT BLVD LAKE ELMO MN 55042 ZYWIEC JOSEPH J or Current Resident 9471 JEFFERY AVE S COTTAGE GROVE MN 55016 MILES LLC or Current Resident 8657 EAGLE POINT BLVD LAKE ELMO MN 55042 CJ BLOSSOM LLC or Current Resident 8631 EAGLE POINT BLVD LAKE ELMO MN 55042 SCHNY ZONE LLC or Current Resident 8625 EAGLE POINT BLVD LAKE ELMO MN 55042 JTAAA PROPERTIES LLC or Current Resident 8649 EAGLE POINT BLVD LAKE ELMO MN 55042 UNITED LAND LLC or Current Resident 3600 AMERICAN BLVD W # 750 BLOOMINGTON MN 55431-1079 CITY OF WOODBURY or Current Resident 8301 VALLEY CREEK RD WOODBURY MN 55125 BRI MAR CO INC ETAL or Current Resident 7450 FRANCE AVE S # 260 EDINA MN 55435 CREATIVE HOMES INC or Current Resident 707 COMMERCE DR #410 WOODBURY MN 55125 NORMAN JAMES LLC or Current Resident 8362 TAMARACK VILLAGE #119-160 WOODBURY MN 55125-3392 GOSS PROPERTIES LLP or Current Resident 8910 HUDSON BLVD N LAKE ELMO MN 55042 Etiquettes fades a peter 110a:.n+ In AIICON Sens de Repliez a la hachure ailn de rMtedlar In Inwneri Pnn•ien'M ! www.avery.com 1-Rnf1-C40-AWRY Vicinity Map Stalee • a :4'14,17,42`, co. rsaa,1,71.:°i'v 444 4 N90001V $8,124,- 17500 $1' $ 2 -$ 0 — " - , j samsw'r 1421 - $ I 2;:i4 ,t..N.N444 444,-NV RECKYRO LCGAI. DESCRIPPON 4ERI1TLE CONara..144 Legend ✓ VS neen neVnee, EIVIV ve t Veeek,kne evSt 0, Fa, Ada e aa eilVe, reee. eV eV ele VW.; seeneat /$._ 01_.,.?,,, ,k7V0v7S07k£000e c , ,. 0:,1 m,..„...,11,00„11e,,,,...„, .,,, _‘....,,,,, ,,..,,,,, vtt— seseve v.v.,. V, — ,— erkep0V LeSeekveVe. i PSteVe'erer'0V5-St°,10SV - 0 2 V00,0°,3000-VE :WV° " --VV?:e re, , a Ver ,CLIeir•Y-- ? ,‘ 4 L./1 1 ..! , ,,... kV ene ,012 :V 4,0+,61 'i _. aaa4 aa CZ -eve— Veer en Fre;;.:, ,I Veks1,2 SteeenT iiN4-i7/44 4// FQ— Vsee evveee 0 ketekee See tv COMMATRI 44. Ott SeetelVVVeS OVIVVVVIVSkt CVSZell VVIVein atatama ODIERAL SCHEDULE ff.2 FAS04EN-1 0040440 LIST OK 4045.11E Er iCROACHAENIS Sti-RMTNIS CERTIFICATE 4nrn#04044-aa a). amto reneVeneveinevent ineVirevsyreeneteveveavanmeteenneelevIve *Ago MM. vrAtivevenenteSekeva esenevenvereeeetterneynt neve velvenueve s A (V VV. A kV, Vete ,atitaattaatamed Savesteteteep vverVerke eeVel"rV0,; .444250:4- 00 .Veess Vesketeavettees Vele ALTA/ACSM LAND TITLE SURVEY Hip Po, ,Ue 0ca75 Cerp. 744044041 La. Einn, WaihmsLon Lowly, MtroSola Wastuood Vnenverneen neVen 0,91% VAX Mira% nefteins TI E (TIN ()I' LAKE ELIVIO Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 Development Standards for Eagle Point Business Park 300.12 subd. (1)(B) and 300.12(2). No Business Park structure shall exceed 60' in height. Parapet walls shall not exceed more than 4' above the height permitted of the building, 300.13 subd (6)(A)(3) Parking spaces shall be 9' X 18' at the developments north of Hudson Blvd and 10' X 20' South of Hudson Blvd, with the exception of the hotel and restaurant which needs to be 9' X 18' spacing. Parking spaces for the handicapped shall be minimum of 12' X 20, 20`)/0 of the spaces in an office development can be compact car size 8' X 16". The size of parking space may be altered upon approval of Zoning Administrator, 300.13 subd. (6)(B)(6)(D) The primary landscaping materials shall be shade trees with shrubs, hedges, etc., used only to complement trees, not as the sole means of landscaping. Landscaping and irrigation will be done on a project by project basis. If landscaping within the NSP easement is disturbed, it needs to be replaced by NSP, or the property owner. Berming and landscaping must be approved within one year of City Council approval. Permitted Uses: Banks, medical clinics, offices, schools (business, professional and private trade), office showrooms, Conditional Uses: Business services, conference centers, health clubs, hotels and motels, day care centers, limited retail, medical, dental and research labs, recording studios, restaurants and cafeterias, theaters, teleconferencing transmission facilities, veterinary clinics, and hotel. Minimum Lot Area: 2.0 acres. Lots less than 2.0 acres might be approved on a project by project basis through a conditional use permit. Minimum Lot Frontage: 200' with the exception of 50' pm a cul-de-sac. Lot Width/Depth Ratio: 1/3.5 Minimum Building Setbacks: 50' for the front and street frontage, and 10' for side and rear frontage. When abutting residential uses, the current ordinance requirement will apply. Minimum Parking Setbacks: Front: 20', Side: 10', Side(street): 20', Rear: 10' Minimum Building Foundation Size: 10,000 s.f. Parking Ratio: One space for each 250 si, of office building area or one space per two employees, whichever is greater, One space per 2,000 s.f of storage, warehouse and 1 space per 1,000 s.f. of showroom. Pathways: 8' wide pathways as part of the City's trail system and the City will maintain, Storm Water Control: Storm water management requirements should be averaged over the PUD area as a whole, The tributary setback will be 30from the tributary setback, and the parking setback will be 10' from the tributary setback, Lighting Height: 30' maximum Sign Height: Businesses can have signage on the building and a monument sign at the property's entrance, and that a pylon sign must be approved on a case by case basis by the City. Pond Maintenance: Recommend the creation of a District to take care of pond maintenance, City of Lake Elmo Certificate of Grading Review Sheet 3,ty if% 1914 Par,t. IMMO, ritOrotir.r* ,t0:4' nEvEl.,03^MNT ST V.D4b.b.', A.sNING IIENELOPMENTS Br Is (a,2S-991 LVN1MENTS iv14.,,1 • ! 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Ann ....Arty IS' KA, X :tie wide Ir I fittRFC:11(,,NAd fizioNdeettietit tittnettintintl.41,i allthsh AAA arte,..en WAX Width th., t hetet IAA, X tit wide ettiNtAIIIk I titZ ANTIDI NTIZICATZIENt }tended 1.41,1Y+41.20...1111, eeldnel ezt Wadi, hetien, ,intete, devt tette, at inght, h. i nt ;Ant zt,d renel And... tenth vi ta EAGLE POINT ;5. 1:51NE..5 1.11CONI1A11) 111z0P,Ct 111 1 htLlONi.1J CeRFCT. r4Itte'd it.itta let g1.1 Itlzek tenet, etn, in,t, dev, e tithioduted tenet, 4i rittithi Apphindetendy hiteli X hitt mitde 010' 1INAC:21, I Anted Z Z Anne:sent peen den de./ INYT din anent. otdons tzotheety dee Aho ,Chtneir and dieeetiett. ki",;,4%\ilu'ANT 1TNAIAT ra.oNsicNAcur.i.ltfd 40,311.6,t1: rA.Ireat with tut Ithentd, letter, Isq, panel tney hr ,,erindete eoltA and Itht,,, pp,/nifnatAly AV high X 17 ANith, All ittiLed SIGN %GI, ditt ,o11-0,511,11t.qq,t dyle mut diet. itteNntent neti t trt utit 0.1111 tat .A1. detettonted vedlit It, Ate. eit,...htt Ail. tZti high TI (TIN CA' LAKE ELMO ITEM: SUBMITTED BY: REVIEWED BY: PLANNING COMMISSION DATE: 1/11/15 AGENDA ITEM: 5b — PUBLIC HEARING CASE # 2015-40 Sign Variance — IRET Properties, 8650 Hudson Blvd Stephen Wensman, City Planner Joan Ziertman SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to hold a public hearing to consider a request from IRET properties for a variance to allow a 35-foot high, 16-foot wide pylon sign. The maximum pylon sign height for the subject property according to the Eagle Point Business Park Exterior Sign Design Agreement is 30-foot high and 12-foot wide. Staff is recommending that the Planning Commission recommend approval of the variance request based on the findings listed in the Staff Report with the following motion: Wove to recommend approval of the 5 foot height and 4 foot width variance request at 8650 Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High Pointe Medical Campus based on the findings identified in the Staff Report." GENERAL INFORMATION Applicant: Property OWIlers: Location: PID Number: Request: IRET Properties, 10050 Crosstown Circle, Suite 105, Eden Prairie, MN 55344 IRET Properties, 1400 31" Ave SW, Suite 60, Minot ND 58702 8650 Hudson Blvd, Lake Elmo 33.029.21.44.0007 Variance — 5' height and 4' NA, idt h variance from the pylon sign regulations of the Eagle Point Business Park Exterior Sign Design Agreement Existing Land Use: Existing Zoning: Surrounding Land Use: Surrounding Zoning: Comprehensive Plan: Proposed Zoning: Histmy: Medical Facilities BP — Business Park Medical Offices, Auto Body Repair, Offices BP — Business Park Business Park No Change The subject property was platted as part of the Eagle Point Business Park Planned Unit Developrnent. PUBLIC HEARING ITEM 5b — PUBLIC HEARING Deadline for Action: Applicable Regulations: Application Complete - 12/1/15 60 Day Deadline - 1/30/16 Extension Letter Mailed - No 120 Day Deadline - 3/30/16 Eagle Park Business Park PUD Agreement 154.109 - Variances (Administration and Enforcement) REQUEST DETAILS The City of Lake Elmo has received a request from IRET Properties for a valiance to allow a pylon sign that exceeds the maximum height and width allowed under the Eagle Park Business Park PUD Agreement. Under the Agreement, the maximum height and width for a pylon sign in this location would be 30-foot high and 12 foot wide feet. The applicant is requesting a 5-foot height and 4-foot width variance from the PUD Agreement to allow a 35-foot high and I 6-foot wide pylon. The applicant has provided a written statement to the City indicating the reason for the variance request. The written statement includes a narrative addressing how the proposed variance meets the four required findings to grant a variance under the City's Zoning Code and State Statute. BACKGROUND The subject- property is located in the southeastern corner of the Eagle Point Business Park, east of Inwood Avenue (CSAH 13) and Eagle Point Boulevard. The attached Exhibit B highlights the location of the parcel and its proposed pylon sign location. The parcel was platted as part of the Eagle Point Business Park and is 10.46 acres in size. The subject property and surrounding properties are zoned BP - Business Park. in terms of land use, the surrounding properties are mostly comprised of offices and other commercial uses with the exception of a collision shop. In terms of the physical characteristics of the property, the site is irregularly shaped with frontage on Hudson Boulevard, but with two other businesses, the Park Dental and Crossroads Collision carved into their Hudson Boulevard frontage. The High Point Health building is a 3-story brick building that sits up high toward the rear of the lot with the parking to its east side and entrance at the southeast corner of the building. The entrance drive curves behind the Crossroads Collision to Hudson Boulevard. The proposed pylon locations is on a vacant/undeveloped portion of the frontage between the Crossroads Collision and Park Dental. The location is the best location for providing visibility from Interstate 94, as it is the portion of the site where Hudson Boulevard runs parallel to the Interstate. Other signs for the High Point Medical Facility include a large wall sign that faces south and a small monument sign where the entrance drive meets Hudson Boulevard. The building is a multi -tenant building and site lacks signs depicting building tenants. PLANNING AND ZONING ISSUES In reviewing the applicable codes and planning considerations that apply to the subject property, Staff would like the Planning Commission to consider the following as it reviews this request: The Eagle Point Business PUD Agreement. According to the sign design regulations in the agreement, the text references a 25-foot height, whereas the text below the graphic depiction PUBLIC HEARING ITEM - PUBLIC HEARING of the pylon sign states, "approximately 30' high x 12' wide. Furthermore, the staff prepared summary of the Eagle Point Development Standards states: "Sign Height: Businesses can have signage on the building and a monument sign at the property's entrance, and that a pylon sign must be approved on a case by case basis by the City" The only other pylon sign in the "locality" is a non-contbrming pylon sign for Crossroads Collision. Further down the road to the east is one other pylon signs for Lamperts Lumber which is a much larger non -conforming sign. Site Topography/Visibility. As noted in the application, the building was one of the first to be constructed in the Eagle Point Business Park, and as other buildings have been constructed, some along the frontage, it has become increasingly difficult to find the businesses in the facility. Visibility is poor from Hudson Road and even more so from Interstate 94. Regulatory Ambiguity. As noted earlier, the Eagle Park Business Park PUD Agreement is somewhat ambiguous. The written text associated with the signs references a 25-foot height, whereas the graphic uses the term, "approximately 30-foot". To further complicate the matter, a staff' s summary of the agreement states, "case by case" for pylon signs. This ambiguity has caused internal interpretation issues. When first presented with this proposal, Nick Johnson, the City Planner, stated that in an email to the applicant that the 35-foot pylon sign height, "will work". Later, when Nick left the city, Kyle Klatt, the Development Director, denied the application. Based on the denial, present staff requested that applicant apply for a variance. Regulatory Delays. This process started on January 14, 2015 with an initial discussion with Nick Johnson the former City Planner. A formal sign pennit application was made on July 23, 2015 which was denied by the Development Director on September 2, 2015. On November 6, 2015, the applicant discussed the process with the new City Planner and a variance application was submitted on December 1, 2015. REVIEW AND ANALYSIS An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with cornments from Staff regarding applicability of these criteria to the applicant's request. 1) Practical Difficulties. A valiance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Under this standard, the City would need to find that the placement of the proposed accessory structure in the proposed location is a reasonable use of the property. PUBLIC HEARING ITEM — PUBLIC HEARING 4 FINDINGS: Increasing the allowed height fi-om 307foot to 35-Jbot and the lyidthfrom 1271bot to 16- foot Ai- a pylon sign represents a reasonable use of the property. The property is zoned Business Park and is surrounded by other commercial uses. A larger nonconforming pylon sign exists adjacent to the site. Visibility to the site is difficult and identification oldie multiple tenants is also reasonable. The variance is in keeping with the intent of the City's sign ordinance: to foster high quality commercial and industrial development and to enhance economic development of existing businesses and industries by promoting reasonable, orderly, attractive and effective signs that meet the need for business identification, advertising and communication. Staff determines that this criterion is met. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. In order to demonstrate compliance with this standard, the Planning Commission would need to identify those aspects of the applicant's property that would not pertain to other properties within the same zoning classification. FINDINGS.' The site, lot layout, and the poor visibility from Hudson Boulevard and Interstate 94 are unique and not circumstances created by the landowner. The Crossroads Collision and Park Dental buildings sit in front of the High Point Health facility limiting visibility. The facility sits to the rear of the site, thellat buildable area, leaving little physical presence on the Hudson Boulevard frontage. The restrictive sign design guidelines were created by the developer and approved by the City of Lake Elmo, not the current land owner/applicant. Staff determines tlwt this criterion is met. 3) Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. Propose findings for this criterion are as follows: FINDINGS The location of the property and surrounding properties are within the Business Park, or are Commercial zoning, There exists one other pylon sign Ivithin the locality, and others beyond that are larger and are noncompliant with the City's sign ordinance. The Eagle Point Business Park Agreement does allow a pylon sign, Staff determines that this criterion is met. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Propose findings for this criterion are as follows: FINDINGS. The proposed variance will not impair an adequate supply of light and air to any properties adjacent to the proposed pylon sign site. The proposed pylon sign is located on an undeveloped portion of. the applicant's lot. The presence of the sign will not present additional congestion 017 public: streets, or substantially diminish or impair property values within the neighborhood. Staff determines that this criterion is met. Please note that the applicant has also provided a set of findings as part of the attached narrative and supporting documentation included with the application. Considering the potential findings of fact as suggested in the preceding section, Staff is recommending that the Planning Commission recommend approval of the variance request based on the findings noted in items I -4 above. PUBLIC HEARING ITEM — PUBLIC HEARING RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the variance request submitted by IRET Properties given that the request meets the four criteria for a variance. The suggested motion for taking action on the Staff recommendation is as follows: "Move to recommend approval of the 5 foot height and 4 foot width variance request at 8650 Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High Pointe Medical Campus based on the findings identified in the Staff Report." ATTACHMENTS: 1 Written Statement 2. Exhibits C—H to Written Statement 3. Site Survey 4. Adjacent Pylon photos 5. Letters of Support 6. Eagle Point Development Standards ORDER OF BUSINESS: Introduction.... ..... ..... ......... ........... .......Community Development Director - Report by Staff .......... .................... ...... .............. ......... ........ ..... ....... City Planner Questions from the Commission ....... Chair & Commission Members Open the Public Hearing ....... „ ....... ..... . ........ ............ ............. ....... ...Chair - Close the Public Hearing..................... ...... ..........................„.......... ........ .........Chair Discussion by the Commission Chair & Commission Members Action by the Commission.... ...... ........ ....... ............ Chair & Commission Members PUBLIC HEARING ITEM — PUBLIC HEARING P h Dental Mayor Mike Pearson City ofLake Elmo 38UOLaverne Avenue North Lake Elmo, K4nSS04J Re: High Pointe Health Campus Signage Dear Mayor Pearson: The Dental Specialists and Park Dental High Pointe have been located on the High Pointe Health Campus dnoeI998. We have consistently had concerns relating to the visibility of both practices on the campus and have had patients comment that itisdifficult tofind our practices, The Dental Specialists and Park Dental have both grown by increasing our services, increasing our patient base and our hours. All without the support ufcritical signageeither lit orun'|it. We have worked tirelessly directly with the City of Lake Elmo, receiving verbal approval for additional ognage. However, after months of delay due to staffing changes and internal issues, we were informed that nofurther signagewould beapproved. Park Dental and The Dental Specialists have over 4Olocations throughout the Twin Cities and Western Wisconsin and the signage process has been easily moved along and approved. VVcare disappointed that further siOnageunthe campus has not been allowed. Park Dental High Pointe has one lit sign on the west side of the building (only allowed one sign) which cannot beseen indriving from the East along the frontage road. With the new development going in to the East Of Our practice, we were looking for more siQnageonthe building h»easily identify the practice. Park Dental isopen 7am.—to8p.m,daily except for Friday which is7a.m-4:OOp.m. And Saturdays for children, |tisparticularly difficult to locate the practice early in the morning or later in the day during Fall and Winter. Visibility balso critical for our emergency patients. The Dental Specialists are open 7:OOa.m.—S:OOp.m.aswell, Lighted monument signagewould behelpful inthe effort tolocate the practice. Visibility and signage are an important element in the overall service to our patients and potential patients. We are asking for approved signage on the campus for both The Dental Specialists and for Park Dental High Pointe. VVethank you inadvance for your attention 0othis matter. Sincerely, Dr. Alan Law President, The Dental Specialists eterSwensnn Chief Administrator Park Dental &TheDental Specialists Z Approve Minutes: December 14, 2015 M/S/P. WiUiams/Dod5onmove toapprove minutes asamended, Vote. 5-0, motion carried unanimously. Approve Minutes: December 14, 2015 M/S/P: Williams/Dodson move to approve minutes as emended, Vote: 5-0, motion carried unanimously. interim Use Permit — Commercial Wedding Ceremony Venue. Wensman stated that at the request of the applicant, they would like to continue the public hearing tothe February [,Z0I6Planning Commission meeting. Public Hearing opened at7:36pm. There was noone who spoke. There was nnwritten urelectronic correspondence. M/S/P: Williams/Dodson move to continue the public hearing to the February 8, 2016 Planning Commission meeting, Vote: 5-0, motion carried, unanimously. Varinace Request from |RETproperties for asign Variance. VVensnnaDstarted his presentation for asign vahanceat865OHudson8|vd. The variance isfor 5'inheighand 4'inwidth for apylon sign. This property islocated inthe Eagle Point office park. The purpose ofthe sign istodisplay the signs ofthe tenants that are inthe building, Right now there isnot much visabiUtyfor these businesses due to topography. There |ssome ambiguity inthe Eagle Point Development Standards. When this application was first submitted, the former City Planner thought itlooked good, but when the Community Development Director looked at it, he said it didn't meet the requirements. Based onresearch and what VVcnsnoanhas read regarding pervious conversations, herecommended avariance. The applicant first approached the City inJanuary ZQ15. Staff feels that the variance criteria has been met and is recommending approval. Griffin asked ifthis met the sign ordinance. VVensmanstated that this development ua PUDand would becovered under their PUDRegulations. Kreimerbwandering ifwhere the sign is going isabuildable lot. VVensrnanstated that itispart ofthe same lot. Hedid not evaluate ifmore could hebuilt there. Lake Elino Planning Commission Minutes; 1-11-16 Dodson iswondering ifthis isalighted sign, Does this Qoover the height for lighting? VVensnnanstated that vvecan follow upwith the applicant tnsee if the whole sign is Dawn Grant, IRET Properties, distributed pictures to the Planning Commission. She stated that this isone property. This property was designed tohave anadditional building, but this is a very small piece of property. She also stated that they have talked about putting aroad through where the sign issnpeople would know where to turn Steve Hertz, NordqubtSign, stated that the height isdependent onwhere |tis measured. Hcaddressed the lighting ofthe sign and stated that not all parts ofthe sign are illuminated. He estimated that the distance from this sign to the Park Dental is about ISO'ZOOfeet. Louis Suarez, Colliers, went through pictures of all angles of the property, Griffin asked if Park Dental will have a problem if people use their driveway to get to this building, Dawn Grant stated that Park Dental isatenant oftheirs and they received a letter ofsupport from them. |fitbecomes anissue, they are willing toput aroad back tothe building. Dunn stated that she is in support of sign for givingbetter clarity towhere this building Larson asked if there was a way to put something on the sign as to where people are supposed to turn. Dawn Grant stated that it would be a possibility. Mal Sullivan, St. Croix Orthopedic, the visibility of the campus has always been a challenge, but their business has changed and grown. People have trouble finding them and they would really appreciate the help ingetting this sign passed asitwould help their business, Public Hearing opened atR:O4pm. Npone spoke. There was nnwritten orelectronic correspondence. Public Hearing Closed atO;OSpm. Williams is in support of the concept for a more visible sign, however, there are a number ofunanswered questions for ifthis isthe solution, Hefeels that the location of this sign might actually induce people to turn into Park Dental. He would like to learn Lake Elmo Plaiining Commission Minutes; 1-11-16 4 more about access spacing, the elevation differences and the feasibility o{routing traffic to the Park Dental lot and possibly increasing that |ot. He wants to support this business, but he is not sure enough global thinking has gone into this decision. Steve Hertz, stated that the idea ofthis type ofsign sign istocreate anidentity for the businesses. There could be an addition tothe sign about where toturn, but the intent was really toidentify what businesses are back there. Dunn supports the signage and feels it is important to identify what is back there. She feels it meets the intent of the PUD ordinance and it is an exception for this one building that is hard to see. She said it is the age ofGPS to assist on where to turn. Kherneragrees with Commissioner Dunn. Hefeels that the visibility iskey tothe success nfthese businesses. Hedoes not feel it|sfor visibility, but more for advertising. He wants to support the commercial businesses and would like to see more in this area. Griffin feels it is a good place for the sign so that you can see it from the freeway. She also feels hwould bebeneficial toget another sign out Vnthe freeway. Suarez stated that this PUDvuas planned 20yeao ago. Healthcare has dramatically changed since then and part of that change is to advertise and attract more people and identify the businesses that are there. The point ofthis sign |stobuild the brand ofthe H\ghpoint medical campus. Dodson is not in favor ofthe aesthetics of the sign. He would have liked tosee more of amonument type. M//: Williams/ move to postpone consideration of this application until the Commission reciene» elevations, access spacing, opportunities to modify the Park Dental Parking lot for access and MnDot contact for 194 signage supplied by the applicant, motionfailsfor lack of2n«' M/S/P: Dodson/Griffin, move to recommend approval of the 5 foot height and 4 foot width variance request at 8650 Hudson Blvd to allow for a 35 foot high, 16fopt wide pylon sing at the High Pointe Medical Campus based onthe findings identified inthe staff report, Vote: 4-1, motion carried. Dunn stated that the elevation isimportant tuthink about, She goes along with this motion. M//: Dodson/, move to amend the motion to add a condition of approval that the Lake EIrno Planning Commission Minutes; 1-11-16 "UHF. ( ()F LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/2016 REGULAR #17 MOTION PF-Public or Semi -Public Zoning District Text Amendment Stephen Wensman, Planning Director Clark Schroeder, Interim City Administrator Jack Griffin 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 SUMMARY AND ACTION REOUESTED: The City of Lake Elmo is requesting a zoning text amendment exempting essential services from certain dimensional and buffer requirements of the PF - Public or Semi -Public Zoning_ District. Staff and the Planning Commission recommends the City Council approve the zoning text amendment pertaining to essential services in the PF — Public or Semi -Public District with the following motion: "Move to approve Ordinance 08-exempting essential serviccsfrom certaziz dimensional and buffer requirements of the PF — Public or Setni-Public Zoning District". BACKGROUND AND STAFF REPORT: The City of Lake Elmo negotiated the sale of property for the 75 foot x 90 foot, .16 acre, Inwood. Booster Station to be located adjacent to CSAH 13 (Inwood Avenue). A 15 foot setback from the cuiTent roadway easement is being preserved for future County right-of-way as required in the County's Comprehensive Plan, leaving a 75 foot x 75 foot parcel upon which to site the booster station. Public facilities, such as the Booster Station, should be zoned PF—Public or Semi -Public as guided in the Comprehensive Plan. The newly created .16 acre lot does not meet the dimensional requirements of the PF Zoning District. On January I I, 2016, the Planning Commission held a public hearing to consider exempting essential services from certain dimensional and buffer requirements of the PF—Public or Semi 'Public Zoning District. At the public hearing, two residents spoke: Mr. Vejtruba, 8457 26th St. N, and Mr. Eberhard, the former land owner that negotiated with the city of the sale of the .16 acre parcel. Both residents asked questions of the planning comrnission, but neither opposed the ordinance amendment. The Planning Conunission discussion was related to the need for the text amendment, and the need to maintain landscaping and screening with the exemption, architectural standards, and noise. The Planning Commission recommended approval of the zoning text amendment adding text related to setbacks, screening and noise. FISCAL IMPACT: The Inwood Booster Station is part of a 3.5 million dollar public project. The City has invested 18 months of staff time, $45,000 in site acquisition, plus engineering and design of the facility. RECOMMENDATION: Staff and the Planning Commission recommends the City Council approve the zoning text amendment pertaining to essential services in the PF — Public or Semi -Public District with the following motion: "Move to approve Ordinance 08- exempting essential services from certain dimensional and buffer requirements of the PF — Public or Semi -Public Zoning District". ATTACHMENT(S): Planning Commission I/11/2016 Planning Report Draft Ordinance Amendment 08-_ TI IF (:rry LAKE ELMO PLANNING COMMISSION DATE: 01/11/16 AGENDA ITEM: 5c:id—PUBLIC FJEARtNG CASE #2015-45 City of Lake Elmo Planning Department PF Zoning District Text Amendment — Rezoning to PF Zoning District To: Planning Commission From: Stephen Wcnsman, City Planner Meeting Date: January 11, 2016 Applicant: City of Lake Elmo Legal Address: All that part of the North 75.00 feet of the East 150.00 feet of the North 1/2 of the SW % of Section 21, Township 29 North, Range 21 West, Washington County, Minnesota, which lies westerly of the west line of Parcel 3 of the WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 98 — C.S.A.H. 13, according to the recorded plat thereof. PID# 21.029.21.31.0002 Owner: Comprehensive Plan: City of Lake Elmo Public or Semi Public Summary and Request: Application The City of Lake Elmo is requesting a zoning text amendment to exempt essential Summary: services from the dimensional and buffer requirements of the PF - Public or Setni- Public Zoning District. In addition, the city is requesting the rezoning of the Inwood Booster Station property from Rural Residential to PF — Public or Semi -Public Zoning District. Staff is recommending that the Planning Commission reconunend approval of the zoning text amendment to exempt essential services from the dimensional and buffer requirements of the PF - Public or Semi -Public Zoning District, and recommend approval of the rezoning of the Inwood Booster Station property, PID# 21.029.21.31.0002, from Rural Residential to PF — Public or Semi -Public Zoning District with the following rnotions: 1) Move to approve a zoning text amendment exempting essential services from the dimensional and buffer requirements of the PF - Public or Semi -Public Zoning District. Recommendation: PUBLIC HEARING ITEM 5c/d — ACTION ITEM 2 2) Move to approve a rezoning of hiwood Booster Station property from RR - Rural Residential to PF- Public and Semi -Public Zoning District. Attachments: Location Map Draft Ordinance Amendment 97-- Property Exhibit. Zoning Text Amendment and Rezoning Review: The City of Lake Elmo negotiated the sale of property for the 75 foot x 90 foot, .16 acre, Inwood Booster Station to be located adjacent to CSAH 13 (Inwood Avenue). A 15 foot setback from the current roadway easement is being preserved for future County right-of-way as required in the County's Comprehensive Plan, leaving a 75 foot x 75 foot parcel upon which to site the booster station. The Inwood Booster Station is an essential part of the city's water distribution system. By definition, public utilities are considered an essential service in the City Code of Ordinances: § 154.012, Subd. B, 11 ESSENTIAL SERVICES. Underground or overhead gas, electric, steam, or water distribution systems; collection, conununication„supply, or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories, but not including buildings or transmission services. Essential services are a permitted use in all zoning districts, however, the City's comprehensive plan guides publicly owned facilities, such as essential services to the PF Zoning District. § 154.203 ESSENTIAL SERVICES. Essential services as defined by this Ordinance are permitted in any district, provided that a site planfOr any new or expanded service facility is filed with the Planning Department. The City Council may require site plan review of large fiwilities, upon the recommendation of the Planning Director. The original parcel and the newly created parcel for the Inwood Booster Station are presently zoned RR -Rural Residential. The new Inwood Booster Station parcel should be zoned PF - Public or Semi -Public as guided in the city's comprehensive plan. Upon review of the proposed rezoning to PF — Public or Semi -Public, it became apparent that the new parcel was non -conforming with the PF Zoning District dimensional, and buffer requirements. The requirements are important for most land uses, however, essential services are generally incidental and subordinate to the surrounding land uses, whatever they may be. In addition, it serves the welfare of the public to have the least amount of property in public ownership while serving the PUBLIC HEARING ITEM 5c/d - ACTION ITEM essential needs of the public. For this reason, the City is requesting the amendment to exempt essential services from the district's dimensional, and buffer requirements of the PF Zoning District. The PF District requirements are as follows: Minimum Lot Width: 100 feet Mini11111111 Lot Depth.- 150 feet Setbacks from property lines: 50 feet Buffer Requirement: 50 feet As part of the purchase agreement, the city has the right to provide landscaping within the first 15 feet to the south and west of the parcel, upon pennission for right of entry by the seller. The City is planning to provide a landscape screening of the Inwood Booster Station parcel. Recommendation: Staff recommends the Planning Commission recommend approval of the zoning text amendment and zoning map amendment with the following motions: 3) Move to approve a zoning text amendment exempting essential services from the dimensional and buffer requirements of the PF - Public or Semi -Public Zoning District. 4) Move to approve a rezoning opnwood Booster Station property from RR - Rural Residential to PF- Public and Semi -Public Zoning District. PUBLIC HEARING ITEM 5c/d — ACTION ITEM CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 97- AN ORDINANCE AMENDING SECTION 154.600 OF THE LAKE ELMO CITY CODE TO EXEMPT ESSENTIAL SERVICES FROM THE PF- PUBLIC AND SEMI-PUBLIC DIMENSIONAL AND BUFFER REQUIREMENTS The City Council of the City of Lake Elmo hereby ordains that Section 154.600 is hereby amended to read as follows: ARTICLE I. PUBLIC AND SEMI-PUBLIC DISTRICTS § 154.600 PF — PUBLIC AND QUASI -PUBLIC OPEN SPACE. A. Purpose and Intent. The purpose and intent of the PF Zoning District is to allow uses and structures that are incidental and subordinate to the overall land uses permitted in the city. While allowing certain uses within the city, general performance standards have been established. This is intended to assure maintenance and preservation of the established rural character of the city by preserving agricultural land, woodlands, corridors, and other significant natural features, and provide buffering between PF and residential or other uses. B. Uses Allowed by Conditional Use Permit. In addition to the specific standards and criteria which may be cited below for respective uses, each application shall be evaluated based on the standards and criteria set forth in § 154.015 through 154.021 of this code. Uses allowed herein that are in existence within the city at the effective date of this chapter may continue the use as a permitted use. The following uses are conditionally permitted in the PF Zoning District: 1. Cemeteries, provided that: a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; and b. No mausoleum, crematorium, or other structure is permitted, except a 1-story tool or storage shed of 160 square feet floor maximum floor area. Places of worship, provided that: a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; b. No use may exceed 235 gallons wastewater generation per day per net acre of land; c. No on -site sewer system shall be designed to handle more than 5,000 gallons per day; d. Exterior athletic fields shall not include spectator seating, public address facilities or lighting; and e. No freestanding broadcast or telecast antennas are permitted. No broadcast dish or antenna shall extend more than 6 feet above or beyond the principal structure. 3 Facilities for local, county and state government, provided that: a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; b. The use and location is consistent with the community facilities element of the Comprehensive Plan; and c. No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive 4. Libraries and museums (public and private), provided that: a. No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive; b. For private facilities, a plan is provided, together with a declaration and covenants to run with the title to the land, that prescribes perpetual maintenance, insurance and ownership responsibilities for all facilities and land area; and c. Direct access is provided to a public street classified by the Comprehensive Plan as a major collector or arterial. 5. Public and private schools (except licensed day care), provided that: a. No use may exceed a ratio of 3.0 SAC units per 3,5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive; and b. Direct access is provided to a public street classified by the Comprehensive Plan as a major collector or arterial. 6. Historic sites and interpretive centers, provided that: a. Direct access is provided to a public street classified by the Comprehensive Plan as a major collector or arterial; and b. No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive. C. Uses Allowed by Interim Use Permit, The keeping of horses in conjunction with churches provided that: 1. The keeping of horses does not constitute a feedlot per Minn. Rules. 2. The property is directly adjacent to only Agricultural (A) and Rural Residential (RR) zoned properties that are not developed as open space preservation subdivisions. Roadways shall be considered an adequate buffer. 3 Evidence is provided to show adherence to all livestock and horse regulations in city code. D. Access()iy Uses and Structures. Uses and structures, which are clearly incidental and subordinate to the principal permitted uses and structures. All exterior materials of accessory structures must be the same as those of the principal structure. E. Minimum district requirements. 1. District requirements in PF Zoning District. District Requirements in PF Zoning Districtrl With Structure Maximum Parcel Area 20 Lot Width — Minimum: 100 Feet Lot Depth — Minimum: 150 Feet Primary Structure Setback from Property Line Front — Minimum: Side (Interior) — Minimum: Side (Corner) — Minimum: Rear — Minimum: 50 Feet 50 Feet 50 Feet 50 Feet Accessory Structure Setback from Property Line Front — M inimwn: Side (Interior) — Minimum: Side (Corner) — Minimum: Rear — Minimum: 50 Feet 50 Feet 50 Feet 50 Feet Without Structure N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. Principal Structure Height - 50 Feet — Structure Side Walls Not N.A. Maximum Accessory Structure Height - Maximum Unoccupied Structure Above the Highest Point of the Roof to Exceed 3.5 feet 35 Feet — Structure Side Walls Not N.A. to Exceed 18 Feet 25 Feet Septic Drainfield Regulations See §§51.002 through §§51.008 See §§51.002 through §§51.008 Signage See §§154.212 See §§154.212 a. Essential services shall be exempt from the minimum district requirements of the PF Zoning District. 2. Maximum lot area, buffer width and impervious coverage shall be in compliance with the following table: Maximum Parcel AreaBuffer Width (Feet) 0 to 5 acres 5.1 to 10 acres 10.1 to 20 acres F. Maximum Impervious Site Coverage 50 39,5% 100 38% 150 35% a. Essential services shall be exempt from the buffering reciiiirements of the PF Zoning District. Perforinance standards. 1. Generally a. Architectural Standards i. It is the purpose and intent of the city, by the adoption of the performance standards of this division (F), to ensure commercial buildings constructed within the city are of a high quality of exterior appearance, consistent with the terms of Non -Residential Development Policy #5 of the 2000-2010 Lake Elmo Comprehensive Plan. It is the finding of the city that a limited selection of primary exterior surfacing materials meets this standard of quality. ii. It is the further finding of the city that several specific exterior surfacing materials are appropriate, and of sufficient quality, to be utilized only as accent materials in varying percentages. The variations of percentage of specific accent materials relates to a finding by the city as to the relative quality and rural character of those respective accent materials. b. Architectural and Site Plan Submittals. New building proposals shall include architectural and site plans prepared by registered architect and shall show the following as a minimum: i. Elevations of all sides of the buildings; ii. Type and color of exterior building materials; iii. Typical general floor plans; iv. Dimensions of all structures; and v. Location of trash containers, heating, cooling and ventilation equipment and systems. Applicability — structure additions and renovation. i. Additions to existing structures resulting in an increase of gross floor area of the structure of less than 100%; and/or installation of replacement exterior surfacing any portion of an existing structure shall be exempt from the standards of this subdivision where it is found that the new or replacement exterior surfacing proposed is identical to that of the existing structure. ii. Where additions to an existing structure result in an increase in the gross floor area of the existing structure of 100% or greater, the entire structure (existing structure and structure addition) shall be subject to the standard of this subdivision. d. Performance standards — primary exterior surfacing. The primary exterior surfacing of structures shall be limited to natural brick, stone, or glass. Artificial or thin veneer brick or stone less than nominal 4 inches thick shall not qualify as complying with this performance standard ii. Primary exterior surface shall be defined as not less than 70% of the sum of the area of all exterior walls of a structure nominally perpendicular to the ground. All parapet or mansard surfaces extending above the ceiling height of the structure shall be considered exterior surface for the purposes of this division. Windows and glass doors shall be considered a primary surface, but the sum area of this glass shall be deducted from the wall area for purposes of the 70% primary/30% accent formulas of this section. Doors of any type of material, except glass, shall not be considered a primary exterior surface. iii. Each wall of the structure shall be calculated separately and, individually comply with the 70/30 formula. e. Performance Skim -lard — Exterior Surfacing Accents. Not more than 30% of the exterior wall surfacing, as defined by division (F)(1)(d) above may be of the following listed accent materials, but no single accent material, except natural wood, may comprise more than 20% of the total of all accent materials; and no coinbustible materials shall be used: i. Cedar, redwood, wood siding ii. Cement fiber board; iii. Standing seam metal; iv. Architectural metal; v. Stucco; vi. Poured in place concrete (excluding "tilt -up" pane(s); vii. Architectural metal panels; and (Am. Ord. 97-172, passed 6-20-2006) viii. Porcelain or ceramic tile. g. Per Standards — Accessory Structures. All accessory structures shall comply with the exterior surfacing requirements specified by this division. Performance Standard — HVAC Units and Exterior Appurtenances. All exterior equipment, HVAC and trash/recycling and dock areas shall be screened from view of the public with the primary exterior materials used on the principal structure 11. Performance Standard — Visible Roofing Materials. Any roofing materials that are visible from ground level shall be standing seam metal, fire -treated cedar shakes, ceramic tile, clay tile, concrete, or slate. Applicability —New Construction. The standards of this division (F)(1) shall be applicable to all structures and buildings constructed in the city, on and after the effective date of this division. The performance standards of this division shall not be in any manner minimized by subsequent planned unit development plans or agreement. (Am. Ord. 97-168, passed 5-2-2006) 2. Parking. Each site shall be provided with off-street automobile parking as follows: a. Places (.?ic Worship. One space for each permanent and temporary 4 seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings and uses shall be subject to additional requirements that are imposed by the city code. b. Facilities )(Or Local, County and State Government. One space for each 250 square feet of office area. Facilities as may be provided in conjunction with such buildings and uses shall be subject to additional requirements that are imposed by the city code. c. School. Elementary and Junior High (public or private). Three spaces for each class room. d. School, High School (public or private). One space for each 2 students. e, Historic Sites and Interpretive Centers, libraries, and 1111(SCIMIS (public or private). One space for each 300 square feet of floor area. 3. Landscaping. All yard area shall either be landscaped green areas or open and left in a natural state. Yards to be landscaped shall be landscaped attractively with lawn, trees, and shrubs in accordance with a plan prepared by a landscape architect. Areas left in a natural state shall be kept free of litter, debris, and noxious weeds. Yards adjoining any residential zone shall contain a buffer area consisting of bet-ming, landscaping, and/or fencing for the purpose of screening noise, sight, sound, and glare. 4. Buffering. Where areas abut residential districts, a buffer area and setback in compliance with this division (F) is required. The buffer requirement shall be applicable to any interior parcel property line, and not applied to property lines abutting improved public streets. No public/private streets or driveways, or off- street parking facilities may be located in the buffer area. The buffer area shall be completely defined and designed, and approved by the city prior to all final city approvals for construction on site. Prior to the issuance of a building pennit or commencement of any improvements on site, the owner shall provide the city with a financial security for a minimum of 24 months unless a shorter term of security is specifically approved by the City Council, approved by the City Attorney, to assure construction of the buffer area. All landscaping shall comply with § 151.070. 5. Signage. All signs shall comply with § 151.121 of this Code. 6. Lighting. All lighting shall comply with §§ 150.035 through 150.038. 7 . Traffic. All applications for a building permit responsive to the requirements of this section shall include a detailed report, certified by a registered engineer, demonstrating the extent of and quantitative impact on public roads from forecasted traffic of the use, based on ITE average daily and peak hour/event traffic. Forecasted traffic generation within the design capacity of an impacted public street, as determined by the City Engineer, shall be the primary determinant for approval of the site plan. (Am. Ord. 97-62, passed 9-5-2000; Am, Ord. 97-192, passed 6-19-2007; Am. Ord. 97-204, passed 12-11-2007) Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. Adoption Date This Ordinance No. Nays. ATTEST: Clark Schroeder Interim Administrator was adopted on this 19 day of January, 2016, by a vote of _ Ayes and Mayor Mike Pearson This Ordinance No. was published on the day of , 2016. 1'1 CIT1` OF K E ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/2016 REGULAR #18 MOTION Rezone Inwood Booster Station to PF Zoning District Stephen Wensman, Planning Director Clark Schroeder, Interim City Administrator Jack Griffin SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation .. ...... ... Questions from Council to Sta Public Input, if Appropriate Call for Motion Discussion ...... ..... ....... Action on Motion Staff ...... ••••--- ..... •-• ..... ••• ..... • ...... .............. ..... _Staff ff. Mayor Facilitates Mayor Facilitates . Mayor & City Council ..... ......... ...... ........ .......... Mayor & City Council Mayor Facilitates SUMMARY AND ACTION REOUESTED: The City of Lake Elmo is requesting the rezoning of the Inwood Booster Station property, PID# 21.029.21.31.0002 from Rural Residential to PF — Public or Semi -Public Zoning District with the following motion: "Move to approve Ordinance 08 - approving a Zoning Map Amendment to rezone the Inwood Booster Station property, PID# 21.029.21.31.0002 ,from RR -Rural Residential to PF — Public or Semi Public". BACKGROUND AND STAFF REPORT: The City of Lake Elmo negotiated the sale of property for the 75 foot x 90 foot, .16 acre, Inwood Booster Station to be located adjacent to CSAH 13 (Inwood Avenue). A 15 foot setback from the current roadway easement is being preserved for future County right-of-way as required in the County's Comprehensive Plan, leaving a 75 foot x 75 foot parcel upon which to site the booster station. Public facilities, such as the Booster Station, should be zoned PF—Public or Semi -Public as guided in the Comprehensive Plan. On January 11, 2016, the Planning Commission held a public hearing to rezone the parcel from RR - Rural Residential to PF — Public or Semi Public. At the public hearing, two residents spoke: Mr. Vejtruba, 8457 201' St. N, and Mr. Eberhard, the former land owner that negotiated with the city of the sale of the .16 acre parcel. Both residents asked questions of the planning commission, but neither opposed the rezoning. The Planning Commission recommended approval of the rezoning. FISCAL IMPACT: The Inwood Booster Station is part of a 3.5 million dollar public project. The City has invested 18 months of staff time, S45,000 in site acquisition, plus engineering and design of the facility. RECOMMENDATION: The City of Lake Elmo is requesting the rezoning of the Inwood Booster Station property, PID# 21.029.21.31.0002 from Rural Residential to PF — Public or Semi -Public Zoning District with the following motion: "Move to approve Ordinance 08 - approving a Zoning Map Anzendment to rezone the Inwood Booster Station property, PID# 21.029.21.31.0002 from RR -Rural Residential to PF — Public or Semi Public". ATTACHMENT(S): Planning Commission 1/11/2016 Planning Report Inwood Booster Station Exhibit Location Map SURFACE It4TETT STRUCTURE`S .E' MAX RETAsM M WALL GENERAL OR PAD PROPERTY LINE coNstRIC.Ti`.)N EASEMENT RF CD EA' m INWOO© AVENUE AORTH APPRQX WEEo RDAU EDGE 1 :EARED END DECOCTS DISCHARGE TO EX DkTC0 EXHIBIT L 1000 BOOSTER STATION CITY OF LAKE ELMO A5HftdGT0N COUNTY. Att. (Try oF LAKE ELMO PLANNING COMMISSION DATE: 01/11/16 AGENDA ITEM: 5c/d — PUBLIC HEARING CASE #2015-45 City of Lake Elmo Planning Department PF Zoning District Text Amendment — Rezoning to PF Zoning District To: Planning Commission From: Stephen Wensman, City Planner Meeting Date: January 11, 2016 Applicant: City of Lake Elmo Legal Address: All that part of the North 75.00 feet of the East 150.00 feet of the North % of the SW 1/4 of Section 21, Township 29 North, Range 21 West, Washington County, Minnesota, which lies westerly of the west line of Parcel 3 of the WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 98 — C.S.A.H. 13, according to the recorded plat thereof. PID# 21.029.21.31.0002 Owner: City of Lake Elmo Comprehensive Plan: Public or Semi Public Summary and Request: Application The City of Lake Elmo is requesting a zoning text amendment to exempt essential Summary: services from the dimensional and buffer requirements of the PF - Public or Semi - Public Zoning District. In addition, the city is requesting the rezoning of the Inwood Booster Station property from Rural Residential to PF — Public or Semi -Public Zoning District. Staff is recommending that the Planning Commission recommend approval of the zoning text amendment to exempt essential services from the dimensional and buffer requirements of the PF - Public or Semi -Public Zoning District, and recommend approval of the rezoning of the Inwood Booster Station property, PID# 21.029.21.31.0002, from Rural Residential to PF — Public or Semi -Public Zoning District with the following motions: I ) Move to approve a zoning text amendment exempting essential services from the dimensional and buffer requirements of the PF - Public or Semi -Public Zoning District. Recommendation: PUBLIC HEARING ITEM 5c/d — ACTION ITEM 2 2) Move to approve a rezoning of Inwood Booster Station property li•om RR - Rural Residential to PF- Public and Semi -Public Zoning District. Attachments: Location Map Draft Ordinance Amendment 97- Property Exhibit. Zoning Text Amendment and Rezoning Review: The City of Lake Elmo negotiated the sale of property for the 75 foot x 90 foot, .16 acre, Inwood Booster Station to be located adjacent to CSAH 13 (Inwood Avenue). A 15 foot setback from the current roadway easement is being preserved for future County right-of-way as required in the County's Comprehensive Plan, leaving a 75 foot x 75 foot parcel upon which to site the booster station, The Inwood Booster Station, is an essential part of the city's water distribution system. By definition, public utilities are considered an essential service in the City Code of Ordinances: § 154.012, Subd. B, 11 ESSENTIAL SERVICES. Underground or overhead gas, electric, steatn, or water distribution systems; collection, conununication, supply, or disposal system, including poles, wires, MaillS, drains, sewers, pipes, conduits, cables,.fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories, but not including buildings or transmission services. Essential services are a permitted use in all zoning districts, however, the City's comprehensive plan guides publicly owned facilities, such as essential services to the PF Zoning District. § 154.203 ESSENTIAL SERVICES. Essential services as defined by this Ordinance are permitted in any district, provided that a site plan for any new or expanded service.facility is filed with the Planning Department, The City Council !nay require site plan review of largelacilities, upon the recommendation of the Planning Director. The original parcel and the newly created parcel for the Inwood Booster Station are presently zoned RR -Rural Residential. The new Inwood Booster Station parcel should be zoned PF — Public or Semi -Public as guided in the city's comprehensive plan. Upon review of the proposed rezoning to PF — Public or Semi -Public, it became apparent that the new parcel was non -conforming with the PF Zoning District dimensional, and buffer requirements. The requirements are important for most land uses, however, essential services are generally incidental and subordinate to the surrounding land uses, whatever they may be. In addition, it serves the welfare oldie public to have the least amount of property in public ownership while serving the PUBLIC HEARING ITEM 5c/d — ACTION ITEM essential needs of the public. For this reason, the City is requesting the amendment to exempt essential services from the district's dimensional, and buffer requirements of the PF Zoning District. The PF District requirements are as follows: Minimum Lot Width: 100 feet Minimum Lot Depth: 150 feet Setbacks from property lines: 50 feet Buller Requirement: 50 feet As part of the purchase agreement, the city has the right to provide landscaping within the first 15 feet to the south and west of the parcel, upon permission for right of entry by the seller. The City is planning to provide a landscape screening of the Inwood Booster Station parcel. Recommendation: Staff recommends the Planning Commission recommend approval of the zoning text amendment and zoning map amendment with the following motions: 3) Mo ve to approve a zoning text amendment exempting essential services,from the dimensional and buffer requirements of the PF - Public or Semi -Public Zoning District. 4) Move to approve a rezoning of Inwood Booster Station .property fi-om RR - Rural Residential to PF- Public and Semi -Public Zoning District. PUBLIC HEARING ITEM 5c/d — ACTION ITEM ZTAand Ordinance Amendment —arequest from the City nfLake Elmo tmrezone an RRParcel tmPF Wensman started his presentation by stating that this a request by the City of Lake Elmo to exempt essential services from the dimensional and buffer requirements in the PF Zoning District. VV2nsnnanispresenting the Zitnoe»together, but will require %separate motions. This particular essential service is for the [it«'s water booster station. Essential services can be in any zoning district, but it is the []ty's policy to rezone these to public facility. Dimensional and buffer requirements are important for most land uses, however, essential services are generally incidental and subordinate to the surrounding land uses. The location ofthis booster station isoninvvupd. This isasmall building onasmall piece ofproperty. This change would not change the architectural standards and there islandscaping onthe outer edges ofthe development. Dodson asked |fthis was just for this site, orif itwas for all sites. \*ensnnanstated that itwould pertain toall properties. Dodson isconcerned about what this would mean in other situations. VVensnnan stated the City would have the ability to purchase whatever size property they wanted. Public Hearing opened at 8:41pnn. John Vettruba, 8451 26m Street KL lives right to the north of this site. He would like to know what the setback will be, Heiswondering ifthis building makes any noise. Wensman stated that he doesn't know about the noise, but there will be landscaping, Wensman states that this is conceptual, but thinks it will be about 15 feet. Vettruba would like there tobeapipe back tn26* street toimprove the pressure oftheir water, All of their homes have booster pumps and they need to replace them regularly. Al Eberhard, 2298 Inwood Ave N, he is the property owner of this property and has worked with the City Engineer extensively. Heiswondering ifthe rezoning isturned down by the commission, what would the options be. He vvoU|d like the intrusion to the agricultural land as minimal as possible. He was told that there was a 10foot setback requirement, Healso asked what type oflighting there isfor this. There was nowritten nrelectronic correspondence, there were afew calls asking what hwas about, but noconcerns. Healso thinks that ifthe design ofthe building looks like a small house' the need for landscaping would not be as great. Public Hearing Closed at8:57pm. Lake Elmo Planning Commission Minutes; 1-11-16 b Williams thinks it is ok to exempt this, but he would like to see conditions added that when it is adjacent to a residential property and does not meet the basic setback, screening should 6cadded, Williams thought we could add something regarding the noise. Kreimer thought especially since itwas next toaresidential area. Schroeder stated that ifyou stand outside of this building, you will know that something is running, but it is not concerning. Williams suggested that as a footnote to the table in section E, 1, that footnote 1 should be that essential services shall be exempt and footnote 2 that increased 4 seasoned vegetative screening and fencing should beincluded when the PFzoning district is adjacent tothe residential zoning district. There was nmobjection tochanging this. Williams suggested that structures housing essential services, when the setbacks are not met, should be designed to look like houses when they are adjacent to residential properties. Dodson feels that the architectural standards are enough and does not want to put an unnecessary burden onthe City. Hedoesn't necessarily think that looking just like a house would be the best. Kre)nner also thinks that in this case it borders both AG and residential and possibly rural structure might work better. Dunn feels that onlarger structures, the City should work with the Engineer todesign a structure that blends in with the surroundings. The surroundings could be different depending on the site. Al Eberhard, 2298 Inwood Ave N, asked where the additional screening would be. Williams stated that his thought was tDhave itOnany border that did not meet the setback Mr. Eberhard feels that it should be on all sides, even if it is agricultural next to itthat could be residential in the future. Dodson iswondering if there should besomething specifically stating that they are not exempt from the noise ordinance. Williams would like toadd anumber Ostating that the noise ordinance should bemet, The Commission isinagreement with that. The Commission )swondering if itmight beagood idea tohave aseparate table of setbacks for essential services, possibly 10feet. Dunn & Dodson were uncomfortable with nosetback aswell. M/5/:Dodso»/Kreinner,move topostpone voting onthe proposals until they get another draft of setbacks for essential services that have buildings inthe PFzone , Lake Elmo Planning Commission Minutes; 1-11-16 7 Kneimerasked about including the other suggestions, Interim Administrator Schroeder said that there is some urgency nnthis issue, This needs tobcresolved for the $ISmillion grant. One ofthe verifications for the grant is that itcomplies with all our local ordinances. Wensman stated that he would suggest that the Planning Commission recommend what setbacks they are comfortable with and move it forward to the City Council. M/S/P: Williams/Dodson, move to approve a zoning text amendment with improved buffering and screening and changing the setbacks to 10 feet, in addition to adding the noise restrictions, Vote: 5-0, motion carried. M/S/P: Williams/, move to recommend rezoning of the Inwood booster station property to the PF zoning district, Vote; 5-0, motion carried. Ordinance Amendment — a request for an ordinance amendment to the animal ordinance that pertains tothe keeping mfpigeons. Public Hearing opened at:pm. There was nowritten nrelectronic correspondence. Public Hearing Closed at:pm. M/S/P:/move to,Vote; 7-0,motion carried, unanimously Ordinance Amendment — a request for an ordinance amendment to the weapons ordinance asitpertains tohunting. Public Hearing opened at:pm. There was nnwritten orelectronic correspondence. Public Hearing Closed at:pm. M/S/P: / move to , Vote: 7-0, motion carried, unanimously Council Updates — December lS,2O1SMeeting l. CUP Amendment -Oakdale Gun Club —Approved. I. Preliminary Plat Approval'Reider— approved. 3. ZTA'Uscs in Rural DisLricts—Repea| uses that were added in 20I3. Lake Elmo Planning Commission Minutes; 1-1.1-16 I I IF CITY ( LA K E ELMO 4Y013.A. COU CO MUNICATION DATE: REGULAR ITEM # January 19, 2016 AGENDA ITEM: Inwood Trunk Watermain Improvements— Approve Plans and Specifications, Calling Hearing on Improvement, and Order Advertisement for Bids SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works Clark Schroeder, Interim City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of hem 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 Discussion ...... ....... ....... ........ ..... Mayor & City Council Action on Motion ..... ........ Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. 19 The total estimated cost for the Inwood Trunk Watennain Improvements is $2,000,000. The project is being completed in conjunction with the Inwood Water Booster Station Improvement which will be 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 Water System Grant. 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, calling hearing on improvement, and ordering the advertisement for bids for the Inwood Trunk Watennain Improvements. The recominended motion for this action is as follows: -- page 1 -- City Council Meeting [Regular Agenda Item 19] January 19, 2016 "Move to approve Resolution No. 2016-04, approving the plans and spe •ations, calling hearing on improvement and ordering the advertisement for bids for the Inwood Trunk Watermain Improvements." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In accordance with the 2016 Capital Improvement Plan, the city is extending trunk watermain along Inwood Avenue to deliver city water service to support growth and development along the 1-94 corridor. This project serves the new developments between Keats Avenue and Inwood Avenue which includes Savona (Lennar), Boulder Ponds (Excellsior), 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 Avenue Trunk Watennain Improvements. 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 Gram. The project funding has now been secured and the design consultant, MSA Professional Services, Inc., has updated the construction documents for the improvements to be constructed in 2016. Plans and Specifications have been completed for the Inwood Trunk Watermain Improvements. The Engineer's opinion of total project cost is 2,000,000. The improvements include: Extension of a 16-inch diameter trunk watennain along Inwood Avenue from 26th Street North to Eagle Point Boulevard, connecting to the existing water system in the Eagle Point Business Park. At the direction of the city council, the project does not include water service to the Parkview Estates neighborhood. Installation of 2 service stubs to existing properties along Inwood Avenue to provide property owners the opportunity to connect to municipal water. Traffic control, erosion control, cleanup and restoration. A feasibility report for this project was adopted by council on December 3, 2013. The report identified an opportunity to provide water service to residents in the Parkview Estates neighborhood. A public hearing for improvements was held on January 21, 2014 at which time the council heard from property owners in the neighborhood that they were not interested in City Water. At the conclusion of the hearing, Council directed staff to remove this scope from the proposed improvements. Two properties along Inwood Avenue have been identified to be assessed a $5,800 lateral benefit assessment since the trunk watennain will be placed adjacent to their residence. It is Staffs recommendation to call a hearing for improvements to follow the assessment proceedings identified in State Statute 429. Of these two properties, one assessment will be waived per the land purchase agreement for the Booster Station site. RECOMMENDATION: Staff is recommending that the City Council approve the plans and specifications, call a hearing on the improvements, and order the advertisement for bids for the Inwood Trunk Watennain hnproveinents. The recommended motion for this action is as follows: City Council Meeting January 19, 2016 [Regular Agenda Item 19] "Move to approve Resolution No. 2016-04, approving the plans and specjflcahons, hearing on improvement, and ordering the advertisement for bids for the Inwood Trunk Watermain Improvements." ATTACHMENT(S): 1. Resolution 2016-04 Approving Plans and Specifications, Calling Hearing on Improvement, and Ordering Advertisement for Bids 2. Location Map. 3. Project Schedule. 4. Notice of Improvement Hearing Publication 5. Inwood Trunk Watcrmain Improvements Plans and Specification (amilable Jar review at City Hall). -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-04 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, CALLING HEARING ON IMPROVEMENT, AND ORDERING ADVERTISEMENT FOR BIDS FOR THE INWOOD TRUNK WATERMAIN IMPROVEMENTS WHEREAS, pursuant to City Council authorization, adopted on August 6, 2013, a feasibility report was prepared by FOCUS Engineering, Inc. for a booster station and improvements of trunk waterrnain facilities along Inwood Avenue N, from 26th Street to Eagle Point Business Park in order to provide access to the municipal water system; and WHEREAS, the feasibility report recommends that connection service stubs be installed to properties located adjacent to the watennain improvements and reconunends that a portion of the cost of the improvements be assessed pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels; and WHEREAS, a public hearing was previously held on these proposed improvements on January 21, 2014 at which the City Council provided direction to eliminate the scope of improvements identified in the report to extend water service into Parkview Estates; and WHEREAS, pursuant to a resolution passed by the City Council on the 2lst day of January 2014, the City Engineer, together with MSA Professional Services, Inc. has prepared plans and specifications for the Inwood Trunk Watennain Improvements and has presented such plans and specifications to the Council for approval; and WHEREAS, the public improvement hearing must be re -held since more than 12 months have passed. 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 Resolution No. 2016-04 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. That the City Council will consider the improvements in accordance with the report arid the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $2,000,000. 4. A public hearing shall be held on such proposed improvements on the 1st day of March. 2016, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF JANUARY 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-04 PROJECT SCHEDULE CITY OF LAKE A M(1 |NVVOODTRUNK VVATERyNA|NIMPROVEMENTS PROJECT NO. ZOl4.l3O /onvory2Ol6 August G,2Dl3 December 3,IOl3 January Z1,ZO14 April lS,2O14 ENGINEERING, inc. Cara Gehoe��E. Jack Griffin, P.E. Ryan Stemp��P.E. Chad |sakson,P.E. Council orders preparation of a Feasibility Report. 651.300.4261 651.300.4264 651.300/267 651.300.4283 Presentation of Feasibility Report. Council accepts Report and calls Hearing. Public Improvement Hearing, Council Orders the Improvement for the Inwood Trunk Watermain Improvments and the preparation of Plans and Specifications. Council approves Plans and Specifications and orders Advertisement for Bids at the direction of the City Administrator. Project was delayed due to delay /n receipt of MN -DEED Water System Grant. Per State Statute, contractor bids must be received for the project vvdh/n one-year of ordering the improvement. Therefore a new Public Improvement Hearing must be held. January l9,ZOl6 February l8,ZO16 March 1,2O16 April 7,]O16 Council approves Plans and Specifications; orders Adfor Bids, and calls Hearing. Receive Contractor Bids. Public Improvement Hearing. Council Orders the Improvement for the Inwood Trunk Watermain Improvments. Council accepts bids and awards contract. Conduct Pre -construction meeting and issue Notice to Proceed. Substantial Completion (watermain online and operational). September 3CL2O16 Final Completion (punch list and final pnperwu)rk). CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, March 1, 2016, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The itnprovement will consist of extending the water system approximately 2.1 miles south along Inwood Avenue beginning at 26th Street North and ending at Eagle Point Boulevard. This improvement will provide municipal water service to developing properties in the southwest part of the City. Individual service stubs will be installed to properties with existing homes that are located adjacent to the watermain improvements. Fire hydrants will be installed along the corridor, providing increased fire suppression capabilities in the extended service area. The area proposed to be assessed for these improvements include the properties with existing residences and located along Inwood Avenue directly abutting the location of the proposed waterrnain improvements. The estimated total cost of the improvements is 52,000,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. DATED: January 19, 2016 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Loke Ehno Review on .1colualy 27, 2016 and February 3, 2016) BOOSTER STAT CONNECT TO EX. WATERMAIN ENGINEERING PRO,T, NO. 2014.130 LAKE ELMO, MINNESOTA OCTOBER, 2015 CONNECT TO EX. WATE MA I N PROPOSED16-INCH WATERMAI WATER STORAGE FACILITY 2000 FIGURE NO. LOCATION MAP 4000 Feet INWOOD BOOSTER STATION, TRUNK WATERMAIN AND WATER TOWER IMPROVEMENTS PROJECT SCHEDULE CITY OFLAKE E|MO |0VV/l��[��U[7�QTMVK�Q /0[l �\ .......~.^. ..',.�.` .~~..�.^`...~. ./PROJECT NO. 2015.130 October 6, 2015 Council approves consultant selection. ENGINEERING, inc. Cara Geheren,PE. Jack Griffin, F\E. Ryan Stempski,P.E. Chad bakxnn,P.[ d51300.0 61 651.300.4264 651.300.4267 651.300.4203 NuvennberI7 ZOlS Preliminary Design. Council accepts preliminary design recommendations (water tower style, materials, and site plan). January 19, 2016 Council approves Plans and Specifications and orders Advertisement for Bids. February 1D,2O1G Receive Contractor Bids. March l,2O16 Council accepts Bids and awards Contract. April 7,2O16 Conduct Pre -construction meeting and issue Notice toProceed. October l,ZO17 Substantial Completion (water tower online and operationd). November 3,IQ17 Final Completion (punch list and final papervvork). CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-03 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE INWOOD WATER TOWER (NO. 4) IMPROVEMENTS WHEREAS, on October 6, 2015 the City Council directed the City Engineer, together with SEH, Inc. to prepare plans and specifications for the Inwood Water Tower (No. 4) Improvements, and WHEREAS, plans and specifications for the Inwood Water Tower (No. 4) Improvements have been prepared for a 1,000,000 million gallon composite style water tower to be located on property recently purchased by the City along Inwood Avenue, between 10th Street and I 5th Street. 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. 2. 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, arid 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 NINETEENTH DAY OF JANUARY 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2010-03 City Council Meeting January 19, 2016 [Regular Agenda Itei "Move to approve Resolution No. 2016-03, approving the plans and specifications and or((ering Ike advertisement Jiff bids for the Inwood Water Tower (No. 4)." LEGISLATIVE HISTORY/BACKGROUND INFORMATION.: The Inwood Water Tower (No. 4) is an elevated storage tank that will provide water supply and fire suppression storage for the City's high pressure zone in the southwest portion of the City. The facility will be construction on a 1.5 acre lot located along Inwood Avenue approximately half -way between loth Street and 15th Street. This site was purchased by the City in 2015. The City retained the engineering design consultant (SEH) to complete a preliminary design evaluation for the Inwood Water Tower (No. 4), including recommendations for storage volume requirements and to evaluate the capital and life cycle costs for the two most common elevated tank styles. Following the direction of the Council on November 11, 2015 the final design was prepared for a 1.0 Million Gallon (MG) Composite Elevated Water Storage Tank. The composite style tank matches Water Tower No. 2 near the Public Works building. Plans and Specifications have been completed for the Inwood Water Tower (No. 4) Improvements. The design engineer's post design total estimated project cost is $3,200,000. The improvements will be partially funded using MN -DEED Grant funds and partially funded through the issuance of general obligation bonds with bond payments made from the water enterprise fund. Mezzanine spaces are often added in elevated storage tanks to provide space for telecommunication companies to locate their equipment interior to the tank. Inclusion of the mezzanine would potentially eliminate the need for telecommunication companies to install buildings on the grounds exterior to the tower if they seek the ability to install an antenna on the tank. The project has been designed to include the mezzanine space as an alternate bid for the Council to consider. The construction cost is estimated to add $130,000 on top of the $3,200,000 number presented in this report. Staff will present more information regarding this amenity at the meeting for Council discussion. RECOMMENDATION.: Staff is recoil -unending that the City Council approve the plans and specifications and order the advertisement for bids for the Inwood Water Tower (No. 4). The recommended motion for this action is as follows: "Move to approve Resolution No. 2016-03, approving the plans and specificarions and orde • advertisement fOr hills for the Inwood Water .Tower (No. 4)." ATTACHMENT(S): 1. Resolution 2016-03 Approving Plans and Specifications and Ordering Advertisement for Bids 2, Location Map. 3. Project Schedule. 4. Inwood Water Tower (No. 4) Plans and Specification (avaiktble for review at Hall). -- page 2 -- TIIF, Cal" OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: January 19, 2016 REGULAR ITEM # 20 AGENDA ITEM: Inwood Water Tower (No. 4) — Approve Plans and Specifications and Order Advertisement for Bids SUBMITTED BY: THROUGH: REVIEWED BY: Chad Isakson, Project Engineer Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer SUGGESTED ORDER OF BUSINESS: littroduel ion (>1Item („'ity Engineer I (port/Preset' tai ion City Engineer Questions from Council to Staff. Mayor Facilitates Public Input, i Appropriate Mayor Facilitates Call for Motion .......... .............. ..... Mayor & City Council Discussion ......... ........ ...... .................. ..... Mayor & City Council Action on Motion................... ...... ................ ..... ....... ....,.... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. The total estimated project cost for the Inwood Water Tower (No. 4) Improvement is $3,200,000. The improvements are scheduled for construction in 2016 as part of the City's Capital Improvement Plan. The Inwood Water Tower (No. 4) will be partially funded using MN -DEED Grant hinds and partially funded through the issuance of general obligation bonds with bond payments made from the water enterprise fund. 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 Tower (No. 4). The recommended motion for this action is as follows: -- page 1 -- 11 II. onor LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: January 19, 2016 REGULAR ITEM # 21 AGENDA ITEM: Library Board Appointments SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Nate Deprey, Library Director; Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of 1ttn City Administrator ...... ....... Administrator Questions from Council to .... Mayor facilitates Call for Motion ....... Mayor & City Council Discussion ...... ..... ..... Mayor & City Council Action on Motion....,..... ..... ..... Mayor Facilitates FISCAL IMPACT: None SUMMARY AND ACTION REOUESTED: The terms of Library Board Members Steve DeLapp and Sarah Linder expired December 31, 2015. Both have indicated that they would like to be reappointed to the Board, and Alternate Margot Seileni would like to be appointed as a full Board Member. Additionally, Toni DeGree has applied to fill a vacancy that currently exists on the Board. LEGISLATIVE HISTORY: The Library Board took action at its January 13 meeting to eliminate the alternate positions and increase the Board from 7 members to 9 members. If the Council chooses to reappoint Steve DeLapp and Sarah Linder and appoint Margot Seileni and Tom DeGree, the Board will have 8 Members and one vacancy. The newly appointed and reappointed Members would serve three year terms that would expire December 31, 2018. BACKGROUND INFORMATION (SWOT): Strengths Appointing volunteers to fill vacancies on the Library Board ensures a quorum will be available at the meetings -- page 1 -- City Council Meeting [Regular Agenda Iteni.1 January 19, 2016 Weaknesses There are no identified weaknesses. Opportunities Filling current vacancies on the Library Board Threats There are no identified threats. RECOMMENDATION: Staff recommends filling vacancies on the Library Board with the follown motion: "Motion to reappoint Steve DeLapp and Sarah Linder to the Library Board and appoint Margot Seileni and Tom Degree to the Library Board." Additionally, staff recommends Council direct staff to post the vacant Library Board position on the City website and FRESH weekly email. -- page 2 -- -rtIi (.;ITY LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/16 REGULAR ITEM if: 22 MOTION Bureau of Mediation Services process Mike Pearson Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item Staff - Report/Presen tation 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 : Possible meeting management policies could be made SUMMARY AND ACTION REQUESTED: Unanimous vote by Council to engage in mediation services with the Bureau of Mediation Services (BMS) to improve the working dynamic of the city council. BACKGROUND AND STAFF REPORT: In early August, the League of Minnesota Cities (LMC) was contacted to help mediate what was felt at the time as a decrease in working relations amongst council members. The LMC suggested the city work with the BMS to explore common ground amongst the council members and decrease conflict. The LMC and the BMS were invited to discuss and mediate council concerns. A number of meetings were held both with full council and a sub -set of council members, BMS staff and LMC staff. These meetings dealt with subject matter such as agenda setting, meeting decorum, council roles/lanes versus staff. At some point the BMS felt that progress was stalled and they withdrew from the process. They are willing to cotne back to the city council when there is full support from all council members to develop compromise on an issue which council is currently divided on. RECOMMENDATION: It is the recommendation of the City Administrator that City Council invite the BMS back to provide mediation services for the purpose of improving meeting management/interaction and agenda setting. Motion: "The Lake Elmo City Council officially requests and invites the LMC and/or the BMS to continue working 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. TI IF. CITY ( )I LAKE EI MO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/16 REGULAR ITEM #: 23 MOTION Council Role In Recommending Employees For Hire To Council Clark Schroeder Clark Schroeder 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: Council has the option to set policy regarding Council role in recommending employees to City Council for hire SUMMARY AND ACTION REQUESTED: Staff Recommend that with the exception of the City Administrator position, city staff interview and recommend for employment new hires to city council BACKGROUND AND STAFF REPORT: Lake Elmo's City Administrator ordinance states the following. 31.29 PERSONNEL. (A) Acts as personnel qffiCel, (1111I is responsible for implementation of cit:y personnel policies with the authority to effectively ICC:017117701d employment, discipline. or removal of city employees fin- Council action , - It is the opinion of the writer, this ordinance authorizes the City Administrator and his/her staff to recommend for employment all new hires. The involvement of Council Members in advising staff after they have sat in on interviews creates undue pressure on the Administrator to recommend to the City Council what the City Council Members have already recornrnended. The city should operate in a fashion so that Council Members all have the same information at the same time when asked to make policy decisions. Having individual Council Members interview with applicants creates an imbalance of information and knowledge between council members. If council members wish to interview and make recommendations for hire to the City Council, all City Council Members should be invited in the interest of equality. RECOMMENDATION: Move to: "With the exception of the City Administrator position, interviewing and recommending candidates or employment to the City Council should be made by city staff" ATTACHMENT(S): None Ti 1 Fcri Y I AKE F. MO MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/16 REGULAR ITEM #: - MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Contract for Parliamentarian Clark Schroeder Clark Schroeder 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 ..... ........ ...... ......Mayor & City Council - Action on ............. _______________________ Mayor Facilitates PUBLIC POLICY STATEMENT NONE SUMMARY AND ACTION REQUESTED: Contract with Parliamentarian has been requested. BACKGROUND AND STAFF REPORT: At the 1/5/16 city council meeting, the Parliamentarian offered to enter into negotiations to decrease his rates. He has offered a couple different options in the attachment. Schedule IA has a discount based on 1, 3,or 6 month contract for services. Schedule lB changes the discount, but charges more for meetings that run over 5 hours Schedule 2 would apply if he sits with staff and rules on points of order only and does not run the meeting. RECOMMENDATION: Council should decide how long they wish to contract with parliamentarian. Motion: "Move to contract with Kevin Wendt as a parliamentarian for city council meetings for months according to schedule lA or l B of the attachment." ATTACHMENT(SI: 6232 511' Avenue South • Richfield. MN 55423 • info(q1dwconsulting,com Rate Schedule lA IService Meeting - Governmental Document Review — City Code of Ordinance, Agenda, Council Packet, etc. DISCOUNT —1 month contract DISCOUNT — 3 month contract DISCOUNT — 6 month contract Rate Schedule 1p Service Meeting — Governmental (Up to 5 hours) Meeting — Governmental (Beyond 5 hours) Document Review — City Code of Ordinance, Agenda, Council Packet, etc. Rateper hour $200.00 $125.00 5% 10% 20% Rate per hour $200.00 $250.00 $125.00 DISCOUNT — 1 month contract 10% DISCOUNT — 3 month contract 15% DISCOUNT — 6 month contract 25% SCHEDULE 2 Sit with staff and rule on points of order S165/hr. Document Review $100/hr Both rate schedules include a 2 hour meeting minimum charge.