Pursuant to due call and notice thereof, the regular meeting
Transcription
Pursuant to due call and notice thereof, the regular meeting
WACONIA CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 20, 2014 6:00 P.M. VISION STATEMENT Waconia is a free-standing growth center that is friendly, self-reliant and well managed. MISSION STATEMENT We are committed to providing an ideal mix of housing, commerce, health care, recreation, downtown vitality, natural resources, transportation planning, Inter-generational charm and life-long learning. MAYOR: COUNCILMEMBER, WARD I: COUNCILMEMBER, WARD I: COUNCILMEMBER, WARD II: COUNCILMEMBER, WARD II: JIM SANBORN MARC CARRIER LYNN AYERS CHARLES ERICKSON KENT BLOUDEK NOTE: AGENDA TIMES ARE APPROXIMATE AND SUBECT TO CHANGE ACCORDING TO LENGTH OF DISCUSSION. TO ENSURE THAT YOU ARE PRESENT FOR ITEMS OF INTEREST, PLEASE BE PRESENT AT 6:00 P.M. PAGE NO. 6:00 P.M. 1. CALL MEETING TO ORDER AND ROLL CALL 2. PLEDGE OF ALLIGIANCE 3. ADOPT AGENDA 4. VIS ITOR’S PRESENTATIONS, PETITIONS, CORRESPONDENCE 5. ADOPT CONSENT AGENDA The items listed on the Consent Agenda are considered routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Councilmember, City Staff, or Citizen so requests; in which case, the item will be removed from the Consent Agenda and considered at the end of the Regular Agenda. 1) 2) 3) 4) 5) Approve January 5, 2015 City Council Meeting Minutes ................................................................ 1-3 Authorize Payment of January 20, 2015 Expenditures ..................................................................... 4-9 Approve Request for Lodging Tax Reimbursement .......................................................................... 10 Adopt Resolution No. 2015-26, Approving Surplus Equipment & Sale ...................................... 11-12 Adopt Resolution No. 2015-27, Authorizing Purchase of One Twelve-Foot Industrial Snow Pusher from Ziegler, Inc. ................................................................................. 13-15 6) Adopt Resolution No. 2015-28, Authorizing Trade of Bobcat Unit Tool Cat Power Unit/Snow Blower and Purchase Bobcat, Tool Cat Power Unit & Attachments ........................................... 16-22 7) Adopt Resolution No. 2015-29, Awarding Two Year, 2015-2016 Snow Removal Contract to Molnau Trucking ................................................................................. 23-25 8) Adopt Resolution No. 2015-30, Amending Resolution 2015-15 Authorizing Approval for Staff to Initiate and Prepare services for Pheasant Ridge Lift Station Upgrade ....................................... 26-27 9) Adopt Resolution No. 2015-31, Approving Temporary On-Sale Liquor License Application for St. Joseph Church ................................................................................. 28-29 10) Adopt Resolution No. 2015-32, Accepting Multiple Donations from Local Vendors/Merchants for the 2015 Employee Recognition Event ................................................................................. 30-31 11) Adopt Resolution No. 2015-33, Authorizing Staff to Open, Prepare, and Obtain Pricing Structure for Downtown Way-Finding Signage ................................................................................. 32-36 12) Adopt Resolution No. 2015-35, Appointing Ben Madsen as an On-Site Manager (PPT) & authorizing his pay rate change retroactive to January 11, 2015 ................................................. 37-38 13) Approve Public Hearing Notice for March 2, 2015, to consider the Annexation Petition for property located at 9660 Somerwood Drive ................................................................................. 39-44 14) Adopt Resolution No. 2015-36, Authorizing Staff to Open & Prepare Storm Water Education Signage for Fountain Park Storm Water Improvement Project ................................................... 45-46 15) Approve June 23, 2014 Minutes ................................................................................. 47-48 16) Adopt Resolution No. 2015-39, Appointment of Commission on Aging Member ...................... 49-50 17) Adopt Resolution No. 2015-40, Appointment of Alternate Park Board Member ........................ 51-52 6. COUNCIL BUSINESS 1) Adopt Resolution No. 2015-34, Amending the City’s Financial Policy & Guidelines ............... 53-90 2) Adopt Resolution No. 2015-37, Approving Subordination Agreement – Waconia Unhinged ... 91-94 3) Adopt Resolution No. 2015-38, Providing Site Plan and Design Review Approval for Properties located at 140 & 144 West Main Street.................................................................................... 95-115 4) Adopt Resolution 2015-41, Approving the Legacy Village Home Owners Amendment to allow Dock Storage on Outlot I of .................................................................................................. 116-121 5) Adopt Resolution 2015-42, Accepting Donated Easements for Highway 5 Project .............. 122-132 6) Adopt Resolution 2015-43, Authorizing Acquisition of Permanent and Temporary Easements for Transportation and Memorandum of Understanding (Green Meadow Townhouse Assoc.) .. 133-138 7) Adopt Resolution 2015-44, Authorizing Acquisition of Right of Way, Permanent, and Temporary Easements for T&J Holdings (Waconia Ford) ....................................................................... 139-142 8) Adopt Resolution 2015-46, Authorizing Acquisition of Permanent and Temporary Easements for Transportation and Memorandum of Understanding (Waconia Mini Storage LLC) ............. 143-149 9) Adopt Resolution 2015-45, Accepting Joint Powers Agreement for Transportation Planning related to Waconia School District Projects ........................................................................... 150-161 7. ITEMS REMOVED FROM CONSENT AGENDA 8. STAFF REPORTS Winter Parking Enforcement Reminder, Susan Arntz 9. BOARD REPORTS 1) Councilmember Erickson 2) Councilmember Bloudek 3) Councilmember Carrier 4) Councilmember Ayers 5) Mayor Sanborn 10. ANNOUNCEMENTS 11. ADJOURN REGULAR MEETING …………OFFICE OF THE CITY ADMINISTRATOR Susan Arntz WORK SESSION: 2015 Project Preview City Council Expectation Fire Strategic Planning Appointment 2015 Legislative Priorities Review CALENDAR OF EVENTS/MEETINGS: January 20 Tuesday 6:00 p.m. City Council January 20 Tuesday After CC Mtg. Work Session: February 2 Monday 6:00 p.m. City Council February 2 Monday After CC Mtg. Work Session: February 16 Monday President’s Day Holiday Observed – City Offices Closed February 17 Tuesday 6:00 p.m. City Council February 17 Tuesday After CC Mtg. Work Session: TBD Pursuant to due call and notice thereof, the regular meeting of the City Council of the City of Waconia was called to order by Mayor Jim Sanborn at 6:00 p.m. The following members were present: Jim Sanborn, Kent Bloudek, Marc Carrier, Lynn Ayers, Charles Erickson Staff Present: Susan Arntz, Nicole Lueck, Craig Sinclair, Craig Eldred, Mike Melchert, Ann Meyerhoff, Lane Braaten Visitors: Kelli Sites, Myron Karki, Jim & Linda Sanborn, Cheryl Sanborn Pledge of Allegiance was led by Mayor Sanborn Oath of Office was given to Council Members Kent Bloudek, Lynn Ayers and Mayor Nash by Attorney Mike Melchert. ADOPT AGENDA: Addition to Agenda: Approve Resolution 2015-25, Appointing Fire Department Officers 01.05.2015.1 Motion by Erickson, seconded by Ayers to Adopt the Agenda as amended. All present voted aye. MOTION CARRIED. VISITOR’S PRESENTATIONS, PETITIONS, CORRESPOINDENCE: Mayor Sanborn Recognized Myron Karki for his years of service on the Waconia Park Board. PUBLIC HEARING: REVENUE BONDS – EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY: Mayor Sanborn called the public hearing to order regarding approval for Revenue Bonds – Evangelical Lutheran Good Samaritan Society at 6:08 p.m. Nicole Lueck explained that staff was notified by Stinson Leonard Street, LLP of the financing plan established for the Evangelical Lutheran Good Samaritan Society project. The expansion project is occurring at 333West 5th Street in Waconia. The financing plan includes the reissuance of bonds previously issued in 2005 and the issuance of new bonds in 2015. The bonds originally issued in 2005 were issued to finance the costs of acquisition, construction, and equipping of certain health care and senior living facilities owned by the Good Samaritan Society. The issuance of the new money in 2015 will be specifically used to construct, renovate, and equip the expansion project at the senior living facility in Waconia. The bonds are planned to be issued in the summer months of 2015 and must be issued within one year of the attached resolution. The bonds will be paid solely by revenues generated by the Good Samaritan Society. The City has no obligation for payment on the bonds and will not be issuing the bonds. However under Section 147 (f) of the Internal Revenue Code of 1986, public approval is required to issue this type of bond. A public hearing notice was published in the Waconia Patriot on December 18, 2014. A copy of the public hearing notice is attached to the resolution as Exhibit A. A copy of the affidavit of publication will be provided by Stinson Leonard Street, LLP 01.05.2015.2 Motion by Erickson, seconded by Bloudek to Close the Public Hearing on the Revenue Bonds at 6:10 p.m. All present voted aye. MOTION CARRIED. 01.05.2015.3 Motion by Carrier, seconded by Ayers, to Adopt Resolution No. 2015-22, Approving Revenue Bonds for Evangelical Lutheran Good Samaritan Society. 1 ADOPT CONSENT AGENDA: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 24) Approve December 8, 2014 City Council Meeting Minutes Authorize Payment of January 5, 2015 Expenditures Adopt a Motion Approving 2015 Proposed City Council Meeting Schedule Adopt Resolution No. 2015-01, Appointing Acting Mayor Adopt Resolution No. 2015-02, Designating Official Newspaper Adopt Resolution No. 2015-03, Designating Depositories Adopt Resolution No. 2015-04, Appointing City Attorney Adopt Resolution No. 2015-05, Appointing Consulting Engineer Adopt Resolution No. 2015-06, Appointing Bond Counsel Adopt Resolution No. 2015-07, Appointing Fiscal Advisor Adopt Resolution No. 2015-08, Appointing a City Insurance Agent Adopt Resolution No. 2015-09, Regarding the Administration of the Wetland Conservation Act Adopt Resolution No. 2015-10, Appointing Council Representative to Advisory Boards Adopt Resolution No. 2015-11, Appointing Council Committee Appointments Adopt Resolution No. 2015-12, Appointing Council Liaison Appointments Adopt Resolution No. 2015-13, Approving Liquor License Applications Adopt Resolution No. 2015-14, Approving License/Permit Applications Adopt Resolution No. 2015-15, Pheasant Ridge Lift Station Upgrade Adopt Resolution No. 2015-16, Mobile and Fixed Equipment Pricing for 2015 Adopt Resolution No. 2015-17, Utilization of Dedicated Trail Improvement/Maintenance Dollars for Capital Improvements Adopt Resolution No. 2015-18, Authorizing LRIP Application for the TH 5 Improvement Project Adopt Resolution No. 2015-19, Changes to Sewer Lift Station Standardization Policy Adopt Resolution No. 2015-20, Authorizing Submittal of Assistance to Firefighters Grant Adopt Resolution No. 2015-21, Accepting Cash Donation from Waconia Lion’s Club Adopt Resolution No. 2015-23, Approving 2015 Preventative Maintenance Service Contract Adopt Resolution No. 2015-24, Request to Advance Municipal State Aid Funding for the Highway 5 project 01.05.2015.4 Motion by Carrier, seconded by Erickson to Adopt the Consent Agenda as presented. All present voted aye. MOTION CARRIED. COUNCIL BUSINESS: Adopt Resolution No. 2015-25, Appointing Fire Department Officers: Susan Arntz stated that an interview was held prior to the Council Meeting with the candidate for Fire Chief. Upon conclusion of the interview it is recommended to appoint the following: Fire Chief – Mark Morse Assistant Chief Operations – Jeff Hillstrom, Assistant Chief Training – Brandon Kolesar Capt. 1 Engine – Aaron Sorensen Capt. 2 Hose – Mike Dressel Capt. 3 Ladder – Justin Sorensen Capt. 4 SCBA – Drew Gulden Lt. 1 Engine – Randall Sorensen Lt. 2 Hose – Erik Olson Lt. 3 Ladder – David Marquardt Secretary - Devin Noeldner 2 01.05.2015.5 Motion by Carrier, seconded by Erickson to Adopt Resolution No. 2015-25, Appointing Fire Department Officers. All Present voted aye. MOTION CARRIED. ITEMS REMOVED FROM CONSENT AGENDA: None STAFF REPORTS: Susan Arntz commented that it is still winter and there are a number of areas that cars continue to park on the street overnight. She wanted to remind citizens that they need to adhere to guidelines that are set. If needed they should call the Sheriff at 361-1231 for special consideration. BOARD REPORTS: 1) Councilmember Erickson: 2) Councilmember Bloudek: 3) Councilmember Carrier: 4) Councilmember Ayers: 5) Mayor Sanborn: Nothing to report Nothing to report Nothing to report Nothing to report Nothing to report ANNOUNCEMENTS: None 01.05-2015.6 Motion by Erickson, seconded by Carrier to adjourn the meeting at 6:15 p.m. All present voted aye. MOTION CARRIED ______ Jim Sanborn, Mayor ATTEST: Ann Meyerhoff, Office Assistant 3 I have reviewed the list of claims for council approval and recommend payment. Date Nicole Lueck, Finance Director 1/14/2015 CITY OF WACONIA Council List-Expenditures Meeting: January 20, 2015 Vendor Name ADVANCED ENERGY PARTNERS ALLSTATE ALLSTATE AMERICAN LEGION POST 150 AQUA LOGIC, INC ASSOCIATION OF MN COUNTIES AVTEX AVTEX AVTEX SOLUTIONS, LLC BARGEN INC BOND TRUST SERVICES CORP BOND TRUST SERVICES CORP BOND TRUST SERVICES CORP BOND TRUST SERVICES CORP BURKEL, JOE OR GINA CARVER COUNTY TREASURER CARVER SOIL & WATER CONSERVATION DISTRICT CCFDMAA CENTERPOINT MINNEGASCO CITY OF BLOOMINGTON DANIEL SCHMIDT LIGHTING DELTA DENTAL OF MN DEPARTMENT OF PUBLIC SAFETY DEPARTMENT OF PUBLIC SAFETY DIAMOND MUNICIPAL SOLUTIONS DIAMOND MUNICIPAL SOLUTIONS EFTPS EFTPS EFTPS EFTPS EFTPS EGGERS, JIM GOPHER STATE ONE-CALL, INC. HEALTH PARTNERS HECKERT, JAKE HENNEPIN COUNTY FIRE CHIEFS HOFF, BARRY & KOZAR, PA HOFF, BARRY & KOZAR, PA HOFF, BARRY & KOZAR, PA HOFF, BARRY & KOZAR, PA IMAGETREND, INC. KANSAS STATE BANK OF MANHATTAN KLEIN BANK KLEIN BANK KLEIN BANK KLEIN BANK LARAWAY ROOFING LEAGUE OF MN CITIES LEAGUE OF MN CITIES LINCOLN NATIONAL LIFE INS CO LOFFLER COMPANIES INC Description IA Electric Service 12/2014 Premiums 11/25/14 Premiums 12/23/14 Senior Dining Program 01/2015 SI Pool Chemicals MN Counties Workshop - Smith Back-Up Server Maintenance Contract Renewal Monthly Back-Up Fees 12/2014 Trail Sealing 2010A Bond Admin Fee 2014A Bond Admin Fee 2011A Bond Admin Fee 2013A Bond Admin Fee Refund Cancelled SI League Qtr 04-2014 Fines/Prosecution Trees for Projects 2015 Annual Dues Natural Gas Service 10/2014 Water Testing 12/2014 Library Lighting Supplies Premiums 12/2014 Registration Renewal - 0828CYT Registration Renewal - 5704CWT YE Processing Tech Consulting Customize GP PERA Report Federal Taxes - CC Qtr 04/2014 Federal Taxes - Fire Pay 12/2014 Federal Taxes - Pay 25-2014 Federal Taxes - Pay 26-2014 Federal Taxes - Supplemental Pay 12/19/14 WFD Reimbursement - Computer Utility Locate Tickets 12/2014 Premiums 12/2014 Refund Cancelled SI League Blue Card Training - 2 FF's Legal Fees - Hwy 5 Corridor 12/2014 Legal Fees - Hwy 5 Corridor 11/2014 Legal Fees - Ridgeview Bylaws 11/2014 Legal Fees - Ridgeview Bylaws 12/2014 2015 CAD Integration/Support SI Exercise Equip Rent 12/2014 EE H.S.A Contributions - Pay 25-2014 EE H.S.A Contributions - Pay 26-2014 ER H.S.A Contributions - Pay 25-2014 ER H.S.A Contributions - Pay 26-2014 CH Roof Repairs Reissue Chk#59088 - MCSC Meeting 2014 Mnthly EE Safety Training Premiums 12/2014 IA Printer Fees 12/1 - 2/28 Amount $86.33 $261.60 $261.60 $600.00 $2,984.17 $50.00 $5,000.00 $1,540.00 $490.00 $4,151.00 $450.00 $450.00 $450.00 $450.00 $160.00 $5,587.08 $230.00 $250.00 $3,414.89 $105.00 $313.15 $1,884.16 $15.00 $197.00 $190.00 $421.88 $1,243.17 $2,080.66 $25,215.99 $24,105.09 $795.83 $1,737.59 $84.50 $32,783.09 $160.00 $1,050.00 $245.00 $2,199.00 $1,972.00 $756.00 $1,740.00 $1,579.61 $1,890.96 $1,890.94 $2,132.26 $2,132.26 $1,170.00 $30.00 $900.00 $738.28 $149.46 4 Council List - Expenditures 01-20-15 Fund/Department Ice Arena Personnel Liabilities Personnel Liabilities Central Facilities Safari Island Administration Technology Technology Technology PIR PIR Debt Fund Split: Water, Sewer, Storm Water, 2014 Debt Fund PIR Debt Fund Split: Water, Sewer Safari Island Split: Administration, Law Enforcement Streets Fire Split: Central Facilities, Water, Sewer, Storm Water, Street Light, Ice Arena Water Central Facilities Personnel Liabilities Sewer Streets Technology Technology Personnel Liabilities Personnel Liabilities Personnel Liabilities Personnel Liabilities Personnel Liabilities Fire Split: Water, Sewer Personnel Liabilities Safari Island Fire PIR PIR Split: Bill Back Receivable, Administration Administration Technology Safari Island Personnel Liabilities Personnel Liabilities Personnel Liabilities Personnel Liabilities Central Facilities Storm Water Central Facilities Personnel Liabilities Ice Arena Council List-Expenditures Meeting: January 20, 2015 Vendor Name MARCO INC MAS COMMUNICATIONS MCLEOD COUNTY MCLEOD COUNTY MET COUNCIL ENVIRON SRV MET COUNCIL ENVIRON. - SAC METRO WEST INSPECTION SERVICES, INC. MN CHILD SUPPORT PAYMENT CENTER MN CITY/COUNTY MANAGEMENT ASSN MN CITY/COUNTY MANAGEMENT ASSN MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE MN STATE FIRE DEPARTMENT ASSOC NAC MECHANICAL & ELECTRICAL SERVICES NATIONWIDE RETIREMENT SOLUTION NATIONWIDE RETIREMENT SOLUTION NCPERS GROUP LIFE INSURANCE NORTHLAND LINING NORTHLAND LINING OSMUNDSON, DON PARPART, SHARON PAYPAL.COM PERA PITNEY BOWES QUESTICA INC SUBURBAN UTILITIES SUPERINTENDENT ASSOCIATION SVL SERVICE CORPORATION UNHINGED PIZZA UNITED FARMERS COOP - WACONIA FARM SUPPLY UNITED FIRE FIGHTERS ASSOC. US BANK CORPORATE PAYMENT SYSTEMS AED SUPERSTORE ALLSTATE SALES AND LEASIN AMAZON MKTPLACE PMTS AMERICAN RED CROSS ARNOLD'S OF GLENCOE INC AV NOW INC BIFFS INC BIO SHINE BROWN TRAFFIC PRODUCTS CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CAR CO AUTO PARTS WACO CARGILL* INCORPORATED CARTEGRAPH SYSTEMS INC Description ASA Upgrade Tech Consulting Fire Station Elevator Phone RLF Mortgage Recording Fee - Unhinged Pizza RLF Satisfaction of Mortgage - Unhinged Pizza Sewer Flow Charge 02/2015 SAC Report 12/2014 2014 Fire Inspections EE Payroll Deduction 11/2014 MCMA Winter Program - Smith MCMA Winter Program - Arntz Sales Tax Liability 11/2014 State Taxes - CC Qtr 04/2014 State Taxes - Fire Pay 11/2014 State Taxes - Supplemental Pay 12/19/14 States Taxes - Pay 25-2014 States Taxes - Pay 26-2014 2015 MSFDA Membership Dues SI Replacement Shower Parts EE Retirement Contributions - Pay 25-2014 EE Retirement Contributions - Pay 26-2014 Premiums 01/2015 I & I Svc - 241 E 2nd St I & I Program - 156 E 5th St 2014 Planning Commission Mtgs 2014 Planning Commission Mtgs 2014 AWWA Conference Reg EE/ER Retirement Contributions - Pay 25-2014 Postage Machine Refill 12/29 Team Budget Upgrade - IT Consult 2015 Annual Membership - Bode SI Dectron Repairs RLF Proceeds - Resolution #2014-242 LS Generator Fuel 2015 Membership Dues 11/11/14 - 12/10/14 Purchasing Card Transactions AED Defib Pads #1018 Fuel Sending Unit Laminating Refill Rolls Water Safety Instructor Class #0159 Kubota Broom Shaft Transmitters-Fitness Class Equip Portable Sanitation 11/2014 NSS Walk Behind Scrubber Parts Replace Traffic Signal Lamps #0144 Oil Filter/Solvent #0153 Relay/Pump Repair #160 Filters/Water Alert #31 Fuel Filter/Coolant #34 Tire Install Valve/Tubes #36 Dump Truck Oil Filters #38 One-Ton Oil Filter #38 Repair Box Fuel/Tank Cleaner #4000 Maint/Torch Set Hose #45 Oil Filter/Cleaner 23/28/0137 Fuel/Oil Filters Holiday Light Connector LS Generator Fuel Filters Road Salt Cartegraph Subscription Renewal Amount $740.00 $187.20 $390.44 $46.00 $60,916.00 $7,380.45 $3,862.50 $55.86 $75.00 $175.00 $4,949.00 $23.41 $20.00 $129.74 $4,111.31 $3,921.89 $240.00 $994.54 $1,604.23 $1,604.23 $112.00 $4,078.00 $125.00 $75.00 $50.00 $245.00 $12,520.43 $1,000.00 $3,468.75 $125.00 $10,043.50 $133,557.00 $2,835.98 $30.00 $105,887.15 $137.85 $176.49 $138.15 $140.00 $604.09 $338.95 $67.50 $569.19 $180.00 $44.74 $57.86 $272.46 $92.91 $7.29 $37.01 $17.87 $130.51 $79.76 $53.74 $46.14 $11.16 $94.60 $6,913.42 $7,191.00 5 Council List - Expenditures 01-20-15 Fund/Department Technology Central Facilities Revolving Loan Fund Revolving Loan Fund Sewer Sewer Fire Personnel Liabilities Administration Administration Sales Tax Liability Personnel Liabilities Personnel Liabilities Personnel Liabilities Personnel Liabilities Personnel Liabilities Fire Safari Island Personnel Liabilities Personnel Liabilities Personnel Liabilities Sewer Sewer Administration Administration Sewer Personnel Liabilities Split: Administration, Water, Sewer Technology Sewer Safari Island Revolving Loan Fund Split: Water, Sewer Fire Safari Island Fire Fire Safari Island Parks Safari Island PIR Safari Island Street Light Streets Parks Streets Sewer Parks Streets Streets Streets Sewer Streets Streets Street Light Sewer Streets Split: Water, Sewer Council List-Expenditures Meeting: January 20, 2015 Vendor Name CINTAS 60A SAP CLAREYS SAFETY EQUIPMENT COLONY PLAZA CONNELLY INDUSTRIAL ELEC CORVAL CONSTRUCTORS INC CORVAL CONSTRUCTORS INC COUNTRYSIDE VETERINARY COVERALL CLEANING CONCEPT COVERALL CLEANING CONCEPT COVERALL CLEANING CONCEPT CURTAIN-TRACKS.COM INC DAIRY QUEEN #11831 DALCO ENTERPRISES, INC DALCO ENTERPRISES, INC DELTA AIR 0068254133288 DISPLAY SALES CO DISPLAY SALES CO DROP-N-GO SHIPPING INC DVINCIS WACONIA ECM PUBLISHERS INC ECM PUBLISHERS INC ECM PUBLISHERS INC ELECTRIC PUMP INC. EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK EVERSONS HARDWARE HANK FASTENAL COMPANY01 FASTENAL COMPANY01 FASTENAL COMPANY01 FASTENAL COMPANY01 FASTENAL COMPANY01 FIRE SAFETY USA FIRE SAFETY USA FIRSTLAB FRANKLIN PRINTING INC FRANKLIN PRINTING INC FRANKLIN PRINTING INC G&K SERVICES AR G&K SERVICES AR GILLUND ENTERPRISES HACH COMPANY HACH COMPANY HACH COMPANY HACH COMPANY HILTON CLEARWATER BEAC HILTON CLEARWATER BEAC HILTON CLEARWATER BEAC Description SI First Aid Supplies 12/2014 4 Gas Monitor Repairs Small Engine Non-Oxy Gas Repair Pump VFD Fan Refrig System Labor/Repair Repair Leak Condenser Animal Control Fees 10/2014 CH/PW/Lib Cleaning 11/2014 Cleaning 12/2014/PW Floor Strip Cleaning 12/2014/PW Floor Strip Shower Curtain Rod-Locker Room Birthday Cake-IA Party Package Vacuum Hose/Disinfectant Bleach Wet Vacuum Hoses Symposium Baggage Fee-Morse Holiday Light Connector Holiday Light Connectors UB Processing Fees 11/2014 General Election Judge Meals Publishing Fees 11/2014 Readers Choice Thank You Ad Recruitment Publishing 11/2014 Green Meadows LS Recon Chemical Feed PVC Door Weather Stripping Gazebo Holiday Lights Gazebo Holiday Lights Hammer Drill Masonry Bits Holiday Light Clamp Holiday Light Tape Holiday Light Tape Holiday Lights Extension Cord Outdoor Rink Install Supplies Pipe/Tape/Cable PVC Parts-Winter Liquid Tanks PW Restroom Sink Valve Valve Detention Tank Parts Valve Repair Hardware Light Poles Bolts/Nuts Meter Supplies PW Vending Safety Supplies Shop Fluke Meter Equipment Valve Taps #16 Updated Couplings LED Flashlight Repair EE Drug Testing CH/Utility Billing Copy Paper Day Pass Printing Notary Stamp/Mayor Stamp CH/SI Restrooms/Mats 11/2014 PW Uniforms 11/2014 Carb/Brake Cleaner Accuvacs-Water Tests Accuvacs-Water Tests Chlorine Accuvacs-Water Tests Fluoride Accuvacs-Water Tests Symposium Lodging Tax Symposium Lodging-Hillstrom Symposium Lodging-Morse Amount $110.89 $526.99 $20.19 $3,291.16 $607.50 $5,916.46 $305.64 $1,957.00 $29.43 $2,913.57 $46.83 $26.71 $69.44 $339.44 $25.00 $21.48 $51.16 $111.48 $222.34 $708.22 $210.00 $708.74 $31,265.02 $0.49 $86.09 $12.99 $25.98 $33.11 $40.38 $7.96 $11.94 $59.90 $62.48 $79.93 $2.99 $3.99 $4.88 $6.12 $13.85 $77.84 $275.19 $24.95 $9.49 $415.00 $69.50 $85.90 $369.90 $44.35 $75.25 $753.68 $340.99 $189.38 $107.96 $202.15 $50.38 $97.47 $81.12 $676.00 $676.00 6 Council List - Expenditures 01-20-15 Fund/Department Safari Island Fire Fire Water Ice Arena Ice Arena Public Safety Central Facilities Central Facilities Central Facilities Safari Island Ice Arena Safari Island Safari Island Fire Street Light Street Light Split: Water, Sewer Administration Split: PIR, Sewer, Water Safari Island Split: Safari Island, Ice Arena, Water, Sewer Sewer Water Water Street Light Street Light Ice Arena Street Light Street Light Street Light Street Light Parks Water Parks Central Facilities Water Water Street Light Water Streets Streets Water Fire Fire Split: Water, Sewer Split: Administration, Water, Sewer Safari Island Administration Split: Central Facilities, Safari Island Split: Streets, Parks, Water, Sewer, Storm Water, Street Light Streets Water Water Water Water Fire Fire Fire Council List-Expenditures Meeting: January 20, 2015 Vendor Name INTEGRITY DATA OF ILLINOI INVENSYS METERING INYOPOOLS.COM JOHNSON HLTH TECH-CRP KENDALL DRI-DEK KNIFE RIVER CORP N CENTRA KNIFE RIVER CORP N CENTRA KNIFE RIVER CORP N CENTRA LANO EQUIPMENT OF NORWOOD LINCOLN AQUATICS MACKENTHUN'S COUNTY MACKENTHUN'S COUNTY MACKENTHUN'S COUNTY MAYER DO IT BEST L MAYER DO IT BEST L MELCHERT HUBERT SJODIN MENARDS BURNSVILLE MENARDS BURNSVILLE MIDSTATES EQUIPMENT AN MILLS FLEET FARM #3,200 MINNEAPOLIS OXYGEN CO MINNESOTA GOVERNMENT F MINNESOTA GOVERNMENT F MINNESOTA VALLEY ELECTRI MSFT * E01000K1EQ NAPA AUTO PARTS OF WACONI NORTH CENTRAL INTERNATION NUSS TRUCK & EQUIPMENT NUSS TRUCK & EQUIPMENT NUSS TRUCK & EQUIPMENT OPTICALL-OPTINET-BELC PACKAGING UNLIMITED LLC POOLPARTSONLINE.COM POWERMUSIC.COM PRECISE MRM LLC PUMP AND METER SERVICE PUMP AND METER SERVICE QUALIFIEDHARCWARE.COM RANDYS SANITATION DELANO RIDGEVIEW MEDICAL CNT-HOS SIMPLEX GRINNELL WEB P SOCIETE DE L'ASSURANCE SQ *CD PRODUCTS, INC. SQ *SALES@ORDERSAFETY.COM STAPLS7126717221000001 STAPLS7127462752000001 STAPLS7127462752000002 STAPLS7127462752000003 STAPLS7127462752001001 STAPLS7127601072000001 STAPLS7128324339000001 STAPLS7128324339000002 SUBWAY 00999912 TARGET 00008623 TARGET 00024497 TARGET 00024497 TARGET 00024497 TARGET 00024497 TARGET 00024497 Description HR Module Training/BSS Repairs Meter Reading Software Support Gasket/Strainer-Spa Pump Repair Fitness Instructor Headsets Pool Deck/Locker Rooms Mats CH Concrete Repairs FS Generator Install Concrete PW Generator Install Concrete #161 Front Window Skid/Bracket Lap Pool Safety-Hangers/Buoy CSP Gazebo Christmas Tree Distilled Water for Testing Laundry Detergent-Rags/Towels Pinehill Mailbox Wood Skate Park Fence Repair City Legal Fees 10/2014 Snow Fence Posts Wood Snow Fence Crack Sealing Router Rental FS Generator Install Supplies SI Helium Tank Rental 10/2014 MNGFOA Seminar 11/2014_Lueck MNGFOA Seminar 12/2014_Lueck Electric Service 11/2014 Spam Blocker License/Fees Truck Cleaning Solvent #23 Fuel Stand Pipe #36 Exhaust Gasket Clamp Kit #40 Air Filter/Switch Replacement #40 Gas Spring/Wheel Tilt Indicator Fraud Charge-Will be Refunded Brine Making Sodium Chloride Pump Motor Parts-Spa Repairs Mic Belt/Fitness Class CD's Vehicle Data Fees 10/2014 Annual Fuel System Inspection Fuel Dispenser Repair Door Hardware Repair Parts City Document Destruction Svc SI Personal Fitness 11/2014 Annual Fire Station Fire Inspection Fraud Charge-Will be Refunded SI Parking Lot Signs Safety Jacket/Rain Gear-Todd Utility Reports Cardstock Gym Schedule Sign Holder Biggest Loser Program Rotary Cards Monthly Planner-Amanda Johnson Returned Rotary Cards Program Postcards/Copy Paper Copy Paper/Toner Business Card Stock Subs-IA Party Package Party Supplies-IA Party Package Candy Cane Hunt Supplies FF Ice Cream/Swim Lesson Candy Fire Station Paper Shredder Mount Tape/Coffee Pot Vinegar Pens/Dry Erase/Ring Binders Amount $962.50 $1,784.47 $229.94 $87.99 $897.88 $2,053.60 $542.00 $568.04 $305.25 $325.79 $49.00 $3.96 $33.64 $46.61 $42.39 $13,443.27 $148.36 $459.45 $1,307.70 $67.32 $8.06 $15.00 $15.00 $1,531.47 $780.00 $39.45 $107.85 $118.61 $28.15 $93.90 $394.73 $195.00 $509.28 $106.59 $139.35 $343.00 $425.42 $240.00 $88.41 $694.60 $619.00 $1.46 $606.00 $92.00 $20.19 $5.79 $23.17 $30.09 -$23.17 $59.10 $206.87 $24.94 $72.68 $18.24 $67.55 $34.13 $80.15 $12.21 $47.01 7 Council List - Expenditures 01-20-15 Fund/Department Administration Water Safari Island Safari Island Safari Island PIR Capital Equipment Capital Equipment Streets Safari Island Parks Water Fire Streets Parks Split: PIR, Administration, Sewer, TIF Parks Streets Streets Capital Equipment Safari Island Finance Finance Split: Central Facilities, Sewer, Street Light Technology Fire Streets Streets Streets Streets Bill Back Receivable Streets Safari Island Safari Island Streets Streets Streets Safari Island Split: Finance, Safari Island Safari Island Central Facilities Bill Back Receivable Streets Water Water Safari Island Safari Island Safari Island Safari Island Safari Island Safari Island Safari Island Ice Arena Ice Arena Safari Island Safari Island Fire Safari Island Parks Council List-Expenditures Meeting: January 20, 2015 Vendor Name TARGET 00024497 TARGET 00024497 TECHNOLOGIE MOBILE IN CAN THE BEACH SHANTY CAFE THE HOME DEPOT 2825 THE HOME DEPOT 2825 THE PUBLIC SAFETY STOR TIMBERWALL LANDSCAPE PROD TOUCAN'S BAR & GRILL TWIN CITY GARAGE DOOR UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UFC FARM SUPPLY UNITED LABORATORIES US BANK USPS 26952003533431354 USPS 26952003533431354 VICTORIA REPAIR & MFG VZWRLSS*APOCC VISB VZWRLSS*MY VZ VB P WACONIA CHAMBER OF COMMER WALGREENS #11690 WAYFAIR*WAYFAIR WITMER PUBLIC SAFETY G WW GRAINGER WW GRAINGER WW GRAINGER WW GRAINGER WW GRAINGER WW GRAINGER WW GRAINGER WW GRAINGER WW GRAINGER YETZER HOME FURNISHINGS ZEP SALES AND SERVICE USPS USPS USPS VANCO SERVICES VIC'S CRANE & HEAVY HAUL, INC. VILMAIN, NATHAN WATER CONSERVATION SERVICE, INC. Description Senior Programming Games SI Socks for Resale Fraud Charge-Will be Refunded Symposium Meals-2 FFs #33 Driving Kit Holiday Lights Poles Fire Helmet Flashlight 2014 Street Recon Project Symposium Meal-2 FFs Fleet Garage Door Repair #0144 Ball Valve Roller #18 Air Line Repair Parts Bleach-WTP Cleaning CH Putty Bar/Pry Bar Equipment Battery Charger Equipment Repair Batteries Holiday Light Caulk Holiday Light Tape Holiday Light Tape Holiday Lights Extension Cord Holiday Lights Extension Cord Holiday Lights Spray Paint Hot Box Kerosene Liquid Applicator Spray Nozzle Repair Shop Air Plumbing Spray Paint/Elect Tape Tool Cat Supply Tool Box Valve Repair Drill Bit Winter Maint Sprayer Tips Shop Anti-Seize/Contact Cleaner Purchasing Card Rebate Qtr 03/2014 UB Add Svc Requests 10/2014 Water Sample Mailing Fire Station Sump Pump Lid City Air Card Svc 10/2014 Amount $31.38 $13.98 $19.09 $21.51 $14.96 $79.94 $48.98 $22.20 $38.00 $971.50 $13.99 $10.46 $35.14 $9.98 $159.99 $23.98 $53.33 $14.97 $19.96 $22.45 $75.92 $24.95 $45.90 $4.84 $14.16 $34.93 $5.49 $32.99 $9.24 $585.18 -$6,334.59 $4.56 $3.04 $396.00 $349.15 City Cell Service 10/2014 Monthly Luncheon 11/2014_Arntz PW Tape Pool Deck Benches Fire Helmets 4 FFs CH Ceiling Tile Panels Cleaning Product Trigger Sprayers Fitness Equipment Disinfectant Wipes Holiday Light Cables Holiday Light Cables Holiday Light Cables Pressure Gage/Lighting Repair Pump Room Light Switch Repair Scales/Flashlights/Equip Batteries Blind Install-Substation PW Hand Soap Permit #14 2015 Renewal UB Mailing 11/2014 UB Mailing 12/2014 SI Insurance Reimbursement 11/2014 Generator Installs - Crain 2014 Planning Commission Mtgs Leak Locate Service - Main St $1,161.72 $25.00 $6.37 $963.14 $1,124.72 $318.64 $61.36 $366.24 $218.66 $218.66 $236.18 $564.99 $50.72 $199.37 $25.00 $275.43 $220.00 $1,066.30 $1,071.56 $66.00 $3,677.50 $150.00 $820.20 8 Council List - Expenditures 01-20-15 Fund/Department Safari Island Safari Island Bill Back Receivable Fire Street Light Street Light Fire Storm Water Fire Storm Water Streets Fire Water Central Facilities Ice Arena Fire Street Light Street Light Street Light Street Light Street Light Street Light Water Parks Streets Street Light Parks Water Parks Sewer Finance Sewer Water Central Facilities Split: Administration, Technology, Fire, Water, Sewer, Streets, Storm Water Split: Fire, Water, Sewer, Parks, Streets, Storm Water, Street Light, Administration, Planning, Technology, Safari Island, Ice Arena Administration Parks Safari Island Fire Central Facilities Safari Island Safari Island Street Light Street Light Street Light Safari Island Safari Island Safari Island Central Facilities Parks Split: Water, Sewer Split: Water, Sewer Split: Water, Sewer Safari Island Split: Sewer, Capital Equipment Administration Water Council List-Expenditures Meeting: January 20, 2015 Vendor Name WELLS FARGO WESTERN TREE WIEBE, ROBERT Description CH/SI/PW Printer Lease 11/2014 Tree Relocation - BPP to CSP Reimburse Hotel - I & I Work XCEL ENERGY Electric Service 10/2014 ZIEGLER, INC. ZIEGLER, INC. PW Generator - Resolution #2014-167 L52 Generator - Resolution #2014-178 Amount $993.69 $2,850.00 $109.77 Fund/Department Split: Central Facilities, Safari Island PIR Sewer Split: Public Safety, Central Facilities, Water, Sewer, Storm Water, Street Light, $32,001.67 Ice Arena $29,524.50 Capital Equipment $71,487.00 Sewer $648,392.35 The above bills have been approved for payment at the regular City Council Meeting on January 20, 2015. Authorized and ordered for payment: _________________________________________ Mayor __________________________________________ City Administrator 9 Council List - Expenditures 01-20-15 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Lodging Tax Funds Request – Waconia CVB Finance Nicole Lueck X Regular Session Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Motion to Approve Request for Lodging Tax Reimbursement from the Waconia CVB Expenditures Incurred in May and August 2014 EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The Waconia Chamber Convention & Visitors Bureau (CVB) has requested a lodging tax reimbursement for expenditures accrued in May and August 2014 for publication costs. The invoices were submitted in 2014 to City staff; however additional documentation was needed from the vendor for the purchases to be submitted for payment. The additional documentation was recently received along with supporting invoices as approved by the CVB. Lodging tax funds are currently available for payment of these expenditures. Staff recommends approval of the request in the amount of $643.00. FINANCIAL IMPLICATIONS: Funding Sources & Uses: Lodging Tax Fund Budget Information: Budgeted X Non Budgeted Amendment Required ADVISORY BOARD RECOMMENDATIONS: Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 10 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Approve Surplus Equipment – Paper Cutter Finance Nicole Lueck X Regular Session Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution 2015-26, Approving Surplus Equipment & Sale – City Hall Paper Cutter EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The City has replaced the paper cutter at City Hall and needs to discard the old one. The old one is in need of some maintenance, but appears to still have monetary value. With approval of the item as surplus equipment, City staff will work to sell the item to the highest bidder through the City’s website or GovDeals.com. Funds received for the sale of this item will be recognized in the General Fund under the administration departmental budget. Staff is recommending the declaration of this item as surplus equipment requesting authorization to sell it to the highest bidder. FINANCIAL IMPLICATIONS: Funding Sources & Uses: General Fund - Administration Budget Information: Budgeted Non Budgeted X Amendment Required ADVISORY BOARD RECOMMENDATIONS: Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 11 CITY OF WACONIA RESOLUTION NO. 2015-26 RESOLUTION APPROVING SURPLUS EQUIPMENT AND SALE – PAPER CUTTER WHEREAS, the City’s old paper cutter was recently replaced; and WHEREAS, City staff will work to sell the old paper cutter to the highest bidder as it appears to still have monetary value; WHEREAS, funds received for the sale will be recognized in the administration departmental budget in the General Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Waconia hereby declares the City Hall paper cutter as surplus equipment and authorizes its sale to the highest bidder. Adopted by the City Council of Waconia, Minnesota this 20th day of January 2015. Jim Sandborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/_____________ S/______________ Erickson Bloudek Carrier Ayers Sandborn _____________ _____________ _____________ _____________ ____________ 12 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Authorize Purchase of One Twelve-Foot Industrial Snow Pusher From Ziegler Inc. in the Amount of $11,815.00, CIP Project 397 Public Services Originating Department: Craig Eldred, Public Services Director Presented by: Previous Council Action (if any): January 5, 2015; Authorization to Obtain Equipment Quotes Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Meeting Date: Item Name: Adopt Resolution 2015-27; Authorize Purchase of One Twelve-Foot Industrial Snow Pusher From Ziegler, Inc. in the Amount of $11,815.00, CIP Project 397 EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) In the last couple of years Public Services have assumed more roadways, and expect additional roadway, and trail systems requiring demand for more efficient operations, and improved service delivery from winter maintenance activities. Repurposing, or positioning the department’s equipment in a manner to meet customer service expectations is the focus of this acquisition. At present time, the John Deere loader is utilized for minimal roadway winter maintenance activities. This unit currently is guided for limited roadway systems, and parking lot snow removal at Safari Island and Ice Arena Facilities. The addition of the proposed snow pusher, which can be attached to our backhoe loader unit will allow alternatives for repurposing the John Deere loader from snow removal activities at the fore-mentioned facilities. Thus, allowing the John Deere loader to assist in more roadway snow removal maintenance activities, reducing demand for expanding truck routes, adding a truck purchase, and decreasing customer service delivery. Staff obtained one singular price from Ziegler Inc. The focus for the purchase is linked to quick-attachment functionality on Public Services existing Ziegler Cat backhoe loader unit. The quick connect and disconnection feature of the snow pusher will reduce staff time when moving from one activity to another. The quote obtained amounted to $11,815.00 from Ziegler Cat of Minneapolis, Minnesota. Project 397 of the Capital Equipment Plan provides $12,000.00 for this equipment acquisition. Staff recommends approval of this purchase providing assistance to staff in meeting winter maintenance customer service expectations. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Capital Equipment 105-000-140-4107 Budget Information: Budgeted X Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 13 CITY OF WACONIA RESOLUTION NO. 2015-27 RESOLUTION AUTHORIZING APPROVING PURCHASE OF ONE TWELVE-FOOT INDUSTRIAL SNOW PUSHER FROM ZIEGLER, INC. IN THE AMOUNT OF $11,815.00, CIP PROJECT 397 WHEREAS, one of the City’s Key Outcomes is to “Maintain Multi-Modal Transportation Infrastructure System”; and WHEREAS, with the addition of roadway systems staff researched options to create greater flexibility and efficiencies for winter maintenance; and WHEREAS, acquisition of the Ziegler snow pusher will quickly connect and disconnect to the city’s existing Ziegler Cat backhoe loader unit; and WHEREAS, allowing the city’s John Deere loader to be repurposed for more roadway winter maintenance activities. NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Waconia hereby authorizes approval of purchase of one twelve-foot industrial snow pusher from Ziegler, Inc. in the amount of $11,815.00, CIP Project 397. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. _______________________________ Jim Sanborn, Mayor Attest: ___________________________ Susan MH Arntz, City Administrator M/ S/ Erickson Bloudek Carrier Ayers Sanborn ________ ________ ________ ________ ________ 14 15 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Authorize Trade of Bobcat Unit #0153, 2008 Tool Cat Power Unit/Snow Blower and Purchase of Bobcat, Tool Cat Power Unit and Attachments for Public Services Department in the Amount of $38,400.00; CIP Project 271 Public Services Craig Eldred, Public Services Director January 5, 2015; Authorization to Obtain Equipment Quotes Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution 2015-28, Authorize Trade of Bobcat Unit #0153, 2008 Tool Cat Power Unit/Snow Blower and Purchase of Bobcat, Tool Cat Power Unit and Attachments for Public Services Department in the Amount of $38,400.00 CIP Project 271 EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) Replacement of this specific piece of equipment is necessary due to its unreliability to provide services. We’ve experience numerous service issues and extended maintenance costs over the last several calendar years. This unit is utilized by all departments, and is relied upon to provide essential services consistent with the demands from the public. Staff researched the replacement and acquisition of attachments to continue the essential services, which are outlined in the table below. Values are predicated on National Joint Powers Alliance, NJPA pricing structure, which the City has a purchase membership, and trade values for the power unit and snow blower. Unit; Type Attachment Power Unit Snow Blower 80” Brush Cutter 48” Pallet Forks Service Use Operation & Services Winter Sidewalks & Trails Pond & Native Planting Maintenance Areas Unloading & Loading Material Total Values Cost 52,556.00 Trade Value 22,600.00 NJPA Discount N/A Final Cost 29,956.00 5,906.00 2,000.00 1,349.00 2,557.00 6,910.00 N/A 1,658.00 5,252.00 828.00 N/A 193.00 635.00 66,200.00 24,600.00 3,200.00 38,400.00 The attachments proposed with this power unit purchase are consistent with improving service delivery for snow removal, (Snow Blower); maintaining pond slopes and native planting areas, (Brush Cutter); creating staff operation efficiencies, (Pallet Forks). Funds for the purchase are available in the Capital Equipment Fund for the amount of $71,300.00, Project 271. Staff recommend approval of this request for action allowing staff to meet the service needs of the public, and reduce service and maintenance costs associated with Unit #0153 FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Capital Equipment 105-000-140-4107 Budget Information: Budgeted X Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 16 CITY OF WACONIA RESOLUTION NO. 2015-28 RESOLUTION AUTHORIZING APPROVAL OF TRADE OF BOBCAT UNIT #0153, 2008 TOOL CAT POWER UNIT/SNOW BLOWER AND PURCHASE OF BOBCAT, TOOL CAT UNIT AND ATTACHMENTS FOR PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $38,400.00, CIP PROJECT 271 WHEREAS, one of the City’s Key Outcomes is to “Maintain Multi-Modal Transportation Infrastructure System”; and WHEREAS, effective equipment acquisition and replacement schedules allow staff to provide essential services to the residents of Waconia at consistently lower operational costs; and WHEREAS, exceedingly increased maintenance costs; lack of dependency warrants replacement of this specifically utilized piece of equipment; and WHERAS, components for this power unit are included for replacement, deemed necessary, allowing further flexibility in providing essential services and maintenance activities; and WHEREAS, staff feel the equipment request meets and exceeds the mission for maintaining critical infrastructure systems for the Waconia community as outlined in the memo. NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Waconia hereby authorizes approval of trade of Bobcat unit #0153, 2008 Tool Cat power unit/snow blower and purchase of Bobcat, Tool Cat unit and attachments for Public Services Departments in the amount of $38,400.00, CIP Project 271. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. _______________________________ Jim Sanborn, Mayor Attest: ___________________________ Susan MH Arntz, City Administrator M/ S/ Erickson Bloudek Carrier Ayers Sanborn ________ ________ ________ ________ ________ 17 18 19 20 21 22 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Meeting Date: Authorizing 2015 & 2016 Snow Removal Contract to Molnau Trucking Item Name: Public Services Originating Department: Craig Eldred, Public Services Director Presented by: Previous Council Action (if any): None Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adoption of Resolution 2015-29 , Awarding Two Year, 2015-2016 Snow Removal Contract to Molnau Trucking EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) Annually Public Services utilize private contractors to assist with removal of snow from the down town and other designated areas with-in the community. Staff requested a quote for services from Molnau Trucking for the purpose of trucking and loader use with operators for the 2015 & 2016 calendar year winter maintenance seasons. The attached quote provides a minimum charge of four-hours of service as requested. Staff have discussed this request and are confident that we can provide work outside of the minimum charge for services outside of working in the downtown area. We’ve reviewed the proposed design changes to downtown parking lots, and have found that we can prepare areas which can be serviced with assistance from this contract. Staff reviewed the quote and recommends the award of the two year contract for 2015 & 2016 to Molnau Trucking. Upon approval, staff will request the evidence of public liability insurance and a performance bond along with a signed contract for services. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Contract Services, Street Budget Budget Information: Budgeted x Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 23 CITY OF WACONIA RESOLUTION NO. 2015-29 RESOLUTION AUTHORIZING TWO YEAR 2015 & 2016 SNOW REMOVAL CONTRACT WITH MOLNAU TRUCKING WHEREAS, a quote was requested and received for the calendar years 2015-2016 for trucking and snow removal activities; and WHEREAS, staff recommends the award of the two-year contract to Molnau Trucking; and NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Waconia hereby authorizes the 2015 & 2016 Snow removal contract to Molnau Trucking subject to the terms contained in the specifications. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. _______________________________ Jim Sanborn, Mayor Attest: ___________________________ Susan MH Arntz, City Administrator M/ S/ Erickson Bloudek Carrier Ayers Sanborn ________ ________ ________ ________ ________ 24 25 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Amend Resolution 2015-15, Authorizing Staff to Initiate and Prepare Services for Pheasant Ridge Lift Station Upgrade; Project 19 in the Amount of $173,850.00 Public Services Originating Department: Craig Eldred, Public Services Director Presented by: Previous Council Action (if any): January 5, 2015, Adopt Resolution 2015-15 Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Meeting Date: Item Name: Adopt Resolution 2015-30,Amending Resolution 2015-15, Authorizing Staff to Initiate and Prepare Service for Pheasant Ridge Lift Station Upgrade; Project 19 in the Amount of $173,850.00 EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) On January 5, 2015 the City Council adopted Resolution 2015-15 authorizing staff to initiate the upgrade, and the update was incorrectly stated in the original resolution. The correct amount is $173,850.00 not $137,850.00. With the approval of the current Capital Improvement Plan staff desire to initiate work for completion of Project 19, which includes the upgrade of Pheasant Ridge lift station. The current lift station needs to be reviewed for adequate pump and pipe sizing for extended service delivery including the proposed School expansions and any future development capacity demands. The current pumps are 5 horse power pumps and the discharge force main is 6-inch. We will initiate work with Bolton & Menk staff to review any proposed improvements required. In addition, we intend to upgrade the control panel, hatch accesses, SCADA connection, internal plumbing, and the capacity demand requirements. Initiating the review process at this time will reduce consultant and staff time as other projects require more demand and responsibility. It will also allow for us to provide a report of the requirements, and align work necessary to complete this project before the summer season ends. Staff recommends approval of this request for council action to allow research and data collection for providing a report on needs and work for completion this summer to the Pheasant Ridge lift station. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Sewer Cash Budget Information: Budgeted X Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 26 CITY OF WACONIA RESOLUTION NO. 2015-30 RESOLUTION AMENDING RESOLUTION 2015-15 AUTHORIZING APPROVAL FOR STAFF TO INITIATE AND PREPARE SERVICES FOR PHEASANT RIDGE LIFT STATION UPGRADE WHEREAS, one of the City’s Key Outcomes is to “Comply with League of Minnesota Cities Insurance Trust Requirements”; and WHEREAS, the current Capital Improvement Plan provided Project 19 for work and improvements to be completed at Pheasant Ridge lift station; and WHERAS, on January 5, 2015, the City Council adopted Resolution 2015-15 authorizing staff to initiate the upgrade; and WHERAS, the funding amount was incorrectly stated in the original resolution and needs to be updated; and WHEREAS, the improvement plan will include review of the proposed School expansions, future developments when preparing this project; and WHEREAS, the project provides a funding allocation of $173,850.00 for work related to controls, pumps, SCADA, access hatches, and plumbing improvements. NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Waconia hereby amends Resolution 2015-15, authorizing approval for staff to initiate and prepare services for Pheasant Ridge lift station upgrade; Project 19 in the amount of $173,850.00. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. _______________________________ Jim Sanborn, Mayor Attest: ___________________________ Susan MH Arntz, City Administrator M/ S/ Erickson Bloudek Carrier Ayers Sanborn ________ ________ ________ ________ ________ 27 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Meeting Date: Approve Temporary Liquor License for St Joseph Church Item Name: Administration Originating Department: Susan Arntz Presented by: Previous Council Action (if any): None Consent x Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution 2015-31, Approving Temporary On-Sale Liquor License Application for St. Joseph Church EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The Office of City Administrator received an application for a temporary on-sale liquor license from St. Joseph Church for a fundraising event to be held on Friday, February 20,2015. Sale and consumption of alcoholic beverages will be limited to the Gymnasium and Commons area of the Education Center. Staff recommends approval of this request. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 28 CITY OF WACONIA RESOLUTION NO. 2015-31 RESOLUTION APPROVING TEMPORARY ON-SALE LIQUOR LICENSE APPLICATION WHEREAS, An application for a temporary on-sale liquor license has been received in the Office of the City Administrator from the Church of St. Joseph for a fundraising event to be held on Friday, February 20, 2015, at Church of St. Joseph, 41 East First Street, Waconia, MN., and WHEREAS, Sale and consumption of alcoholic beverages will be limited to the Gymnasium and Commons area of Education Center. NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Waconia hereby approves the temporary on-sale liquor license application of Church of St. Joseph for February 20, 2015, contingent upon completion of all forms, payment of fees, receipt of certificates of insurance, and proof of compliance with state and local requirements. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/_____________ S/______________ Erickson Bloudek Carrier Ayers Sanborn _____________ _____________ _____________ _____________ _____________ 29 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Meeting Date: Donation Acceptance – Employee Recognition Event Item Name: Administration Originating Department: Angel Smith, Assistant City Administrator Presented by: Previous Council Action (if any): Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution No. 2015-32 , Accepting Multiple Donations From Local Vendors/Merchants for the 2015 Employee Recognition Event EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The City of Waconia recently received the following donations for the 2015 Employee Recognition Event held at the Ice Arena on Thursday, January 20, 2015. Bolton & Menk, Inc. - 2 stocking caps, 2 baseball caps, 1 thermos mug, 1 water bottle, 1 water cup w/ lid, 2 coasters & 2 can coolers, 2 decks of playing cards, 1 hanging emergency light, a bottle opener/corkscrew, flashlight, and flashlight/bottle opener; National Financial Partners Corp. (NFP) - 2 tickets to a Gopher’s basketball game; Waconia Chamber of Commerce - baseball cap, t-shirt, and board game; and, Swank Motion Pictures - $5.00 Starbucks Egift card. Staff recommends acceptance of these donations. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Administration Budget Information: Budgeted Non Budgeted X Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 30 CITY OF WACONIA RESOLUTION NO. 2015-32 RESOLUTION ACCEPTING MULTIPLE DONATIONS FROM LOCAL VENDORS/MERCHANTS FOR THE 2015 EMPLOYEE RECOGNITION EVENT WHEREAS, The City of Waconia is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 412.21 and 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of facilities, services and the development of programs to benefit residents pursuant to Minnesota Statutes Section 471.17; and WHEREAS, The following persons and/or entities have offered to contribute the items set forth below to the City: Name of Donor Item Bolton & Menk, Inc 2 stocking caps, 2 baseball caps, 1 thermos mug, 1 water bottle, 1 water cup w/ lid, 2 coasters & 2 can coolers, 2 decks of playing cards, 1 hanging emergency light, a bottle opener/corkscrew, flashlight, and flashlight/bottle opener 2 tickets to a Gopher’s basketball game National Financial Partners Corp. (NFP) Waconia Chamber of Commerce Swank Motion Picture Estimated Value N/A N/A baseball cap, t-shirt, and board game N/A Starbucks Egift card $5.00 WHEREAS, These donations have been contributed for the benefit of the organization, as allowed by law; and WHEREAS, The City Council hereby finds that it is appropriate to accept the contributions offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WACONIA, MINNESOTA, AS FOLLOWS: 1. The contribution described above is hereby accepted and acknowledged with gratitude. 2. Said contribution shall be used for the designated purposes. 3. That the Finance Director is hereby directed to issue receipts to the donor acknowledging the City’s receipt of the donor’s contribution. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/_____________ S/______________ Bloudek Carrier Erickson Sanborn Ayers _____________ _____________ _____________ _____________ _____________ 31 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Authorize Staff to Open, Prepare, and Obtain Pricing Structure for Downtown Way-finding Signage for the Downtown Reconstruction Areas of 2014 & 2015, CIP Project 407 Public Services Originating Department: Craig Eldred, Public Services Director Presented by: Previous Council Action (if any): None Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Meeting Date: Item Name: Adopt Resolution 2015-33 Authorize Staff to Open, Prepare, and Obtain Pricing Structure for Downtown Way-Finding Signage for the Downtown Reconstruction Areas of 2014 & 2015, CIP Project 407 EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) City Council may recall the initiation of a Task Force including residents and business representatives who worked with our Bolton & Menk consultant approximately fifteen months developing a Downtown Master Plan with emphasis of incorporating physical and economical feature elements for the Waconia community. The plan was completed and adopted in May of 2014. As part of this process way-finding was included to help guide visitors and new members of the community. Specific signage for Public Parking, Guidance to Parking and Kiosk features with overviews of the downtown attractions would be incorporated into the way-finding elements. (See Attachments) Parking lot improvements included in the 2015 Infrastructure Improvement Project warrant the addition of this way-finding project. Lot One in the heart of downtown will be completely reconstructed incorporating several elements of the approved Downtown Master Plan. Within the 2015 - 2024 Capital Improvement Plan staff requested and City Council approved $40,000.00 for the way-finding design, purchase, and installation costs associated with the 2014 & 2015 Infrastructure Improvement areas. Staff recommends approval of this request for action allowing preparation of the final design concepts and pricing structure for your consideration in the near future. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: PIR Cash Budget Information: Budgeted X Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 32 CITY OF WACONIA RESOLUTION NO. 2015-33 RESOLUTION AUTHORIZING APPROVAL OF STAFF TO OPEN, PREPARE, AND OBTAIN PRICING STRUCTURE FOR DOWNTOWN WAY-FINDING SIGNAGE FOR THE DOWNTOWN RECONSTRUCTION AREAS OF 2014 & 2015, CIP PROJECT 407 WHEREAS, one of the City’s Key Outcomes is to “Maintain Multi-Modal Transportation Infrastructure System”; and WHEREAS, a task force was formed including residents and business representatives who assisted in development of a Downtown Master Plan for the Waconia community; and WHEREAS, the representatives gained appreciation and the significance of how way-finding elements would benefit the entire downtown; guiding new residents and visitors to downtown; and WHEREAS, the adopted Capital Improvement Plan for 2015-2024 includes $40,000.00 for design, purchase, and installation of way-finding elements for the downtown. NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Waconia hereby authorizes approval of staff to open, prepare, and obtain pricing structure for Downtown WayFinding signage for the downtown reconstruction areas of 2014 & 2015, CIP Project 407. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. _______________________________ Jim Sanborn, Mayor Attest: ___________________________ Susan MH Arntz, City Administrator M/ S/ Erickson Bloudek Carrier Ayers Sanborn ________ ________ ________ ________ ________ 33 34 35 36 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Resolution Appointing On-Site Manager (PPT) Administration Personnel Committee/Angel Smith, Assistant City Administrator X Regular Session Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Approve resolution 2015-35 appointing Ben Madsen as an On-Site Manager (PPT) and authorizing his pay rate change be retroactive to January 11. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The City has a recent vacancy in the role of On Site Manager (PPT) at Safari Island. Ben Madsen is a qualified internal candidate to fill this position. Ben Madsen joined Safari Island summer 2014 as a Lifeguard Shift Lead and meets or exceeds the desired qualifications for this position. He has been temporarily filling in as an On Site Manager since December. Therefore staff would like to recommend the promotion of Ben to the position of On Site Manager (PPT) and request his pay rate change be retroactive to January 11 (the start of the current pay period). The Personnel Committee has reviewed and approved this recommendation. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Safari Island Budget Information: Budgeted X Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 37 Approval CITY OF WACONIA RESOLUTION NO. 2015-35 RESOLUTION APPOINTING ON-SITE MANAGER (PPT) WHEREAS, The City has a vacant permanent part time On-Site Manager position; and WHEREAS, the City has determined we have a qualified internal candidate; and NOW, THEREFORE, BE IT RESOLVED, that, the City Council hereby appoints Ben Madsen at step one of the approved pay scale for 2015 and authorizes his pay rate change be retroactive to January 11. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. ________________________________________ Jim Sanborn, Mayor ATTEST: _______________________________ Susan MH Arntz, City Administration M/ ______________ S/ ______________ Bloudek Carrier Erickson Sanborn Ayers _____ _____ _____ _____ _____ 38 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: January 20th, 2015 Set Public Hearing Date for Annexation Petition submitted by Luke & Shonda Vettel for the Property Located at 9660 Somerwood Drive - PID# 090241300 Planning and Zoning Lane Braaten, Community Development Director Originating Department: Presented by: Previous Council Action (if any): Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Motion to Approve the Attached Public Hearing Notice which Establishes a Public Hearing Date of March 2nd, 2015 to consider the Annexation Petition submitted by Luke and Shonda Vettel for the Property located at 9660 Somerwood Drive. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) BACKGROUND: Luke and Shonda Vettel have submitted an Annexation Petition to annex their property located at 9660 Somerwood Drive into the Waconia City Limits. The property is currently located within Waconia Township and the applicants have stated that the reason for annexation is that they would like to connect to City utilities. State Statute requires that the City hold a public hearing to consider the annexation petition. Further, the statute requires 30 days written notice be provided by certified mail to the town or towns affected by the proposed annexation, along with notification to all landowners within and contiguous to the area to be annexed. Based on the information above, the earliest the Council would be able to consider the petition for annexation would be at their regular meeting on March 2nd, 2015. Upon approval of the attached hearing notice, City staff will notify the required parties of the hearing, and publish/post the necessary notices. ATTACHMENTS: 1. Draft Public Hearing Notice (1 Page) 2. Location Map (1 Page) 3. Annexation Petition and Submittal Information (3 Pages) FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 39 N/A 40 Subject Parcel 9660 Somerwood Drive PID# 090241300 41 42 43 44 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Authorize Staff to Open & Prepare Storm Water Education Signage for Fountain Park Storm Water Improvement Project, CIP Project 409 Public Services Originating Department: Craig Eldred, Public Services Director Presented by: Previous Council Action (if any): None Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution 2015-36, Authorize Staff to Open & Prepare Storm Water Education Signage for Fountain Park Storm Water Improvement Project, CIP Project 409 Meeting Date: Item Name: EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) In efforts to meet our Municipal Separate Storm Sewer Systems, (MS4) and Surface Water Management Plan education requirements we identified funding in the 2015 – 2024 Capital Improvement Plan. The scheduled Fountain Park storm water pond cleaning, and Best Management Practices, (BMP’s) improvements scheduled for Fountain Park in 2015 are critically important to improving water quality for discharge into Lake Waconia. You may recall the City partnered with Carver County Water Management Organization, (CCWMO) for Legacy Act Clean Water Funds, which were awarded this past fall. This extensive improvement project has many BMP features designed to improve water quality which we felt necessary to promote, and utilize as a source for public storm water education. The BMP’s include removal of Level III sediment, rain gardens, sediment treatment, permeable parking surfaces, reduction of impervious surfaces via addition of green space, and iron enhanced filtration. Once the project is completed, and we have gathered some data regarding water quality improvements we hope to hold community education events in and around Fountain Park. In addition, the First Street Re-Use project and a proposed Shoreline Restoration at Cedar Point Park all of which are within walking distance may be utilized to promote storm water education. We conducted preliminary research into costs associated with preparing information, graphics, printing and purchasing Kiosk units for displaying educational information. We found we could complete the work for approximately $20,000.00. The CCWMO will be a partner in the education effort, and typically has funds available to assist with such an effort. Once we’ve completed the cost analysis we will bring forth the proposed costs for your consideration and approval. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 45 CITY OF WACONIA RESOLUTION NO. 2015-36 RESOLUTION AUTHORIZING APPROVAL OF STAFF TO OPEN & PREPARE STORM WATER EDUCATION SIGNAGE FOR FOUNTAIN PARK STORM WATER IMPROVEMENT PROJECT, CIP PROJECT 409 WHEREAS, one of the City’s Key Outcomes is to “Continually Improve Health of Lakes”; and WHEREAS, the city is required to provide storm water education in efforts to meet its MS4 and Surface Water Management Plan; and WHEREAS, the Fountain Park Pond Improvement Project and the proposed Best Management Practices correlate well with providing public storm water education and protection of Lake Waconia; and WHEREAS, funds in the amount of 40,000.00 were requested and approved in the 2015 – 2024 Capital Improvement Plan for signage for storm water educational purposes. NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Waconia hereby authorizes approval of staff to open & prepare storm water education signage for Fountain Park storm water improvement project, CIP Project 409. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. _______________________________ Jim Sanborn, Mayor Attest: ___________________________ Susan MH Arntz, City Administrator M/ S/ Erickson Bloudek Carrier Ayers Sanborn ________ ________ ________ ________ ________ 46 REQUEST FOR CITY COUNCIL ACTION January 20, 2015 Meeting Date: Approval of Minutes from June 23, 2014 City Council Meeting Item Name: Administration Originating Department: Susan Arntz, City Administrator Presented by: Previous Council Action (if any): Consent X Regular Session Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Motion to approve minutes. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) Attached is a copy of the June 23, 2014, City Council minutes. It was discovered that these minutes were not approve last July. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 47 Pursuant to due call and notice thereof, the regular meeting of the City Council of the City of Waconia was called to order by Mayor Jim Nash at 7:30 a.m. The following members were present: Jim Nash, Kent Bloudek, Charles Erickson, Lynn Ayers, Marc Carrier Staff Present: Susan Arntz, Nicole Lueck, Craig Eldred ADOPT AGENDA: 06.23.2014.1 Motion by Erickson, seconded by Carrier to Adopt the Agenda as presented. All present voted aye. MOTION CARRIED. Resolution Declaring a State of Emergency: Susan Arntz indicated that the previous emergency declaration was set to expire and recommended the Council pass a new resolution declaring a local emergency that would run through July 23, 2014. 06.23.2014.2 Motion by Erickson, seconded by Carrier, to approve Resolution 2014-157, declaring a state of emergency. All present voted aye. MOTION CARRIED Slow No Wake Ordinance: On June 21, 2014, the community experienced severe storms have caused high water levels in Lake Waconia. In conversation with Carver County Sheriff’s Office, it has been determined that there is need to establish a Temporary Emergency Slow No Wake Ordinance. 06.23.2014.3 Motion by Carrier, seconded by Erickson, adopting Resolution 2014-158, Supporting Carver County’s Temporary Emergency Slow-No Wake Ordinance. All present voted aye. MOTION CARRIED Appointment of Assistant Administrator: After interviews with the City Council and staff, it is recommended the appointment of Angel Smith to fill the position of Assistant City Administrator. 06.23.2014.4 Motion by Erickson, seconded by Ayers, adopting Resolution 2014-159, Appointment Assistant City Administrator. All present voted aye. MOTION CARRIED Appointment of Firefighters: After interview and review, it is recommended that we appoint Robert Clark to the position of Firefighter. 06.23.2014.5 Motion by Carrier, seconded by Erickson, adopting Resolution No. 2014-160 appointing Firefighter. All present voted aye. MOTION CARRIED ADJOURN: 06.23.2014.6 Motion by Erickson, seconded by Ayers to adjourn the meeting at 7:52 a.m. All present voted aye. MOTION CARRIED Kent Bloudek, Acting Mayor ATTEST: Susan MH Arntz, City Administrator 48 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Resolution Appointing Commission on Aging Member Administration Personnel Committee/Angel Smith, Assistant City Administrator X Regular Session Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution No. 2015-39 , Appointment of Commission on Aging Member with Term Ending December 31, 2017. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The City’s Commission on Aging currently has a vacant seat with term ending December 31, 2017. The City has had an open recruitment to fill vacancies. At this time the Personnel Committee is recommending appointment of James Thomson to the vacant seat. Recruitment will be on-going to fill other seats. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: None Budget Information: Budgeted X Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other: Personnel Committee 49 X CITY OF WACONIA RESOLUTION NO. 2015 - 39 RESOLUTION APPROVING APPOINTMENT TO COMMISSION ON AGING WHEREAS, The Personnel Committee has reviewed the qualifications of an interested applicant; and NOW, THEREFORE, BE IT RESOLVED, that, the City Council of Waconia herby approves the Commission on Aging appointment of James Thomson to a term ending December 31st, 2017 as recommended by the Personnel Committee. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. ________________________________________ Jim Sanborn, Mayor ATTEST: _______________________________ Susan MH Arntz, City Administration M/__________ S/__________ Erickson Bloudek Carrier Ayers Sanborn _____ _____ _____ _____ _____ 50 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Resolution Appointing Park Board Member Administration Personnel Committee/Angel Smith, Assistant City Administrator X Regular Session Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution No. 2015-40, Approving Appointment of Scott Meyer as Alternate Member to the Park Board. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The following appointment have been reviewed and approved by the Personnel Committee: It is recommended that Scott Meyer be appointed to an alternate member seat on the Park Board with a term ending December 31st, 2017. FINANCIAL IMPLICATIONS: Funding Sources & Uses: None Budget Information: Budgeted x ADVISORY BOARD RECOMMENDATIONS: Planning Commission Parks and Recreation Board Safari Island Advisory Board Other Non Budgeted Amendment Required 51 Personnel Committee Recommendation CITY OF WACONIA RESOLUTION NO. 2015-40 RESOLUTION APPROVING APPOINTMENT TO PARK BOARD WHEREAS, one alternate seat on the Park Board is vacant; and WHEREAS, the Personnel Committee recommends the appointment of Scott Meyer to the alternate open seat on the Park Board with the term ending December 31, 2017. NOW, THEREFORE, BE IT RESOLVED, that, the City Council of Waconia herby approves the Park Board appointment as recommended by the Personnel Committee. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. ________________________________________ Jim Sanborn, Mayor ATTEST:_______________________________ Susan MH Arntz, City Administrator M/______________ S/______________ Erickson Bloudek Carrier Ayers Sanborn _____ _____ _____ _____ _____ 52 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Financial Policy & Guidelines – Proposed Changes Finance Nicole Lueck Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Resolution 2015-34, Amending the City’s Financial Policy & Guidelines EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) Staff has reviewed the City’s Financial Policy and Guidelines with 2015 budget information and other 2014 year end data and is requesting updates in the following areas to reflect current practices: Enterprise Fund Reserves In the 2015 budgeting process for the City’s enterprise funds, the City Council and staff discussed an addition of a reserve/working capital policy. The addition of this policy will assist in future planning for these funds and the establishment of a financial model that can be used during the annual budgeting process. Grant Application Processes Department managers created a standard operating procedure for the application of grants that is currently in use. Currently, staff is using the process of obtaining City Council approval before applying for the grant and when grant funds are awarded. The addition of this language in the policy formalizes the City’s current process. Arbitrage Calculation & Reporting The City currently uses the approved fiscal advisor to assist in the calculation of arbitrage reporting per IRS regulations. This reporting is mandatory with the issuance of tax exempt debt. The addition of this language in the policy formalizes the City’s current process. Appraisal Report with Reconstruction Projects The City is currently obtaining appraisal information to determine the special benefit to properties located in street reconstruction areas that are subject to special assessments when General Obligation 429 bonds are issued. The addition of this language in the policy formalizes the City’s current process. Staff recommends changes to the policy as redlined in the attachment. Along with the changes listed above, other minor edits and grammatical corrections are being recommended. Once approved, a copy of the updated policy will be posted on the City’s website ADVISORY BOARD RECOMMENDATIONS: FINANCIAL IMPLICATIONS: Funding Sources & Uses: N/A Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other – Purchasing Committee 53 CITY OF WACONIA RESOLUTION NO. 2015-34 RESOLUTION AMENDING THE FINANCIAL POLICY AND GUIDELINES WHEREAS, the City of Waconia formalized practices and goals for fiscal responsibility by adopting Resolution 2005-96. The Financial Policy and Guidelines are designed to provide guidance and instructions to the City Council and all City staff; and WHEREAS, the Financial Policy and Guidelines is reviewed periodically for language clarification and additions or deletions to the policy in order to remain current; and WHEREAS, changes were found in the areas of enterprise fund reserves and working capital, grant application processes, arbitrage calculation and reporting, and appraisal report with reconstruction projects and special assessments; and WHEREAS, the Finance Department, has reviewed and recommends the Financial Policy and Guidelines changes as identified in the attachment which is a redlined copy of the policy. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Waconia hereby amends the City of Waconia Financial Policy and Guidelines as recommended this 20th day of January 2015. Jim Sandborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/_____________ S/______________ Erickson Bloudek Carrier Ayers Sandborn _____________ _____________ _____________ _____________ ____________ 54 CITY OF WACONIA FINANCIAL POLICY AND GUIDELINES Adopted April 28, 2005 Amended September 6, 2005 Amended November 17, 2008 Amended June 15, 2009 Amended November 22, 2010 Amended February 21, 2012 Amended February 18, 2014 Amended February 18, 2014January 20, 2015 55 CITY OF WACONIA FINANCIAL POLICY AND GUIDELINES INTRODUCTION AND OBJECTIVES The financial policies of the City of Waconia are established by the City Council. These policies are designed to provide guidance and instructions to all staff whether they be directly involved in financial processes, internal control oversight, or any financial transaction. The Council sets forth the authorities, responsibilities, and accountability requirements of those participating in the operations of Waconia City government at all levels of the organization. AUDITING AND FINANCIAL REPORTING The City of Waconia will establish and maintain a high standard of accounting practices. Accounting standards will conform to Generally Accepted Accounting Principles (GAAP) as outlined by the Governmental Accounting Standards Board (GASB). Accounting standards will reflect Best Practices recommended by the Government Finance Officers Association (GFOA) and recommended statements of position provided by the Minnesota Office of the State Auditor. After each fiscal year, a certified public accounting firm will conduct an audit of the City records. The report will include a financial opinion and a management and compliance report on internal controls. Annually, a comprehensive annual financial report will be prepared for the City. This report shall be made available to elected officials, city management, bond-rating agencies, and the general public. ACCOUNTING PROCEDURES & INTERNAL CONTROL The City will maintain a strong internal audit function. Written accounting procedures for each city division or department’s financial processing area will be maintained and adhered to so that every attempt is made to be in audit and financial reporting compliance. All department manager’s have access to internal control regulations set forward by the fFinance dDepartment. Periodic updates and new recommended practices set forward by the GFOA are communicated and addressed with all City staff. Any weakness in internal control and accounting procedures are addressed immediately with department managers and the Finance Director so a timeline to remedy improvement can be established. Internal Auditing & Reporting Along with the compliance of procedures and internal control in all areas of accounting, finance staff will adhere to monthly, quarterly and annual auditing of cash, investments, and accounts receivable/payable functions. On a quarterly and semi-annual basis, finance staff will audit the above listed functions along with all other areas related to financial statements. Quarterly Monthly internal audit reports are then presented to the Director of Finance Director for review and approval. Accounting Write-offs Written authorization to adjust a city employees account, such as utility billing, payroll, or benefits must be requested by the department manager or Assistant City Administrator and approved by the Director of Finance Director or City Administrator. 2 56 PERFORMANCE MEASUREMENTS & PERFORMANCE MANAGEMENT Section reserved for future performance management and measurement program. BUDGET & FINANCIAL PLAN Budget Objective The formal operating and capital budgeting process provides the primary mechanism by which key decisions are made regarding the levels and types of services to be provided, given the anticipated level of available resources. The objective of the general fund operating budget is to pay for all current expenditures with current revenues. The City will endeavor to avoid budgetary procedures that balance current expenditures at the expense of meeting future years’ expenses, such as postponing expenditures, accruing future years’ revenues, or rolling over short term debt. Long-term Financial Plan A 20-year Financial Management Plan (FMP) with an integrated 10- year Capital Improvement Plan (CIP) is utilized to assist the City Council and department managers in strategizing and aligning financial capacity with long-term objectives. The long-term financial plan serves as a foundation for conversations regarding purchases and project planning. The plan will include an analysis of the current and future year’s financial environment, revenue and expenditure forecasts, debt positions and affordability analysis. The financial plan will updated as needed in order to provide direction to in the budget process. Service Levels and Funding The City will endeavor to maintain its present service level for priority and essential services subject to available revenues. The objective is to maximize the benefit of available resources. The results or outcomes that matter most to citizens should be defined by the City Council. New services or programs will be considered for funding within available resources. Department managers will be given the opportunity to request personnel, goods, and capital items needed to carry out the department responsibilities. Department requests must include supporting documentation and justification of needs for operating requests. Requests should integrate priorities and objectives into the budget. The budget will provide for adequate maintenance of public facilities and equipment and for their orderly replacement. Enterprise Funds Enterprise operations are to be self-supporting, including capital improvements and depreciation. Enterprise operations are to be reviewed annually for self-sufficiency and proper cash-flow needs. Periodic Reporting The City will maintain an internal control system to help adhere to the budget. Regular reports comparing actual revenues and expenditures to budgeted amounts will be provided to department managers on a monthly basis. The City Council will review quarterly budget-to-actual reports that include capital project updates and investment portfolio reports. Budget Amendments All budget amendments, such as from a) one department to another department budget; b) from one fund to another fund; and c) shifting of funds for the purchase of capital outlay, must be approved by the City Council. 3 57 Budget Amendments for Department Operating Line Items Department managers may, upon approval by the City Administrator, request inter-departmental line item budget amendments for operating purposes only. Budget amendments for personnel and capital outlay line items are not allowed without City Council approval. Department managers must submit an electronic budget amendment form to the City Administrator and upon approval will receive notification from the Finance Director. FUND BALANCE AND RESERVES Fund balance is an approximate measure of liquidity. This section defines dollar thresholds and descriptions for fund balances, reserves, and retained earnings of all funds of the City of Waconia. It is the intent of the City to provide a stable financial environment for which its citizens can depend on a consistent and quality level of service. It is the intent of this fund balance/reserve policy to provide this stable financial environment for the services the city provides and for planned future expenditures. As defined by GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the City will reserve funds according to the following: Nonspendable Fund Balance Inherently non-spendable portions of net resources that cannot be spent because of their form or portions of net resources that cannot be spent because they must be maintainedremain intact. The City’s most common form of unspendable fund balance is in the form of prepaid expenditures. Restricted Fund Balance Externally enforceable limitations, on the use of funds, that are imposed by creditors, grantors, contributors, or laws and regulations of other governments or limitations imposed by law through constitutional provisions or enabling legislation. Committed Fund Balance Self-imposed limitations, on the use of funds, that are set in place prior to the end of a period. Limitations are imposed at highest level of decision making that requires formal action at the same level to remove. Assigned Fund Balance Limitation resulting from intended use that is established by the highest level of decision making or by an official intended use established designed for that purby the City Council for a purpose or intended use established by a public official for a purpose. Unassigned Fund Balance Residual net resources that make up the fund balance in the general fund in excess of nonspendable, restricted, committed, and assigned fund balance (i.e., surplus) or excess of nonspendable, restricted, and committed fund balance over total fund balance (i.e., deficit). General Fund - Fund Balance A healthy unassigned fund balance is needed to provide cash flow to pay expenditures when due. The City receives a majority of its tax collections and state aids twice a year. A healthy unassigned fund balance allows for cash flow while the City waits to receive its aids and taxes. The unassigned fund balance is also a security against unforeseen changes or needs, i.e. natural disasters, loss of state aids, etc. The general fund unassigned fund balance should be approximately 50% of actual expenses of the general fund, less annual transfers. The unassigned fund balance of the general fund should never fall below 40% of operating expenditures. Should the unassigned fund balance fall below the 40% threshold, the City will 4 58 strive toward regaining the minimum threshold during the next budget process and forecast the timing of the unassigned fund balance improvement within the long-term financial plan. Assigned Fund Balances Assigned fund balances will consist of funds designated by the City Council for specific purposes but do not meet the criteria to be classified as restricted or committed. In governmental funds other than the General general fFund, assigned fund balances represent the remaining amount that is not restricted or committedor committed. In the gGeneral fFund, assigned amounts represent intended uses established by the governminggoverning body itself or by an official to which the governing body delegates the authority. The resources for these may be acquired through the budgeting process or funds that are deposited with the city for specific purposes. Examples of assigned fund balances currently with the city are the PIR Capital fund and Capital Equipment fund. . The designations for PIR Capital fund balances will consist of funds designated by City Council for future capital improvement projects. Capital equipment purchases will be budgeted for and maintained in a special fund designated only for capital equipment. The PIR Capital fund will reflect long range capital items and are represented on the long range capital improvement plan approved during the budget adoption process. It is the intent of the City of Waconia to set aside funds, when operations allow, for large capital projects to help minimize the debt service needs for these projects. Current commitments for PIR Capital fund reserves are sidewalks, streets, buildings, /facilities, and community enhancements. Committed Fund Balances Committed fund balances will consist of amounts that are constrained for specific purposes that are internally imposed by formal action (resolution) of the City Council. The committed amounts cannot be used for any other purpose unless the City Council removes or changes that specified use by resolution. Examples of committed fund balances currently with the city are the Safari Island Community Center operations fund balance and the economic development funds available in the gGeneral fund. The City Council reviews the Safari Island Community Center operations committed fund balance for operations on a quarterly basis with fund budget-to-actual reporting. The City Council seperatelyseparately approves on an annual basis by resolution those funds expended for economic development purposes from the gGeneral fund. Restricted Fund Balances The designations for all the City’s debt funds including the PIR Debt fund balance consistbalance consist of funds that are restricted for the sole purpose of debt repayment according to generally accepted accounting principles (GAAP). In addition, fund balance amounts in the City’s Cable TV PEG fund, Park Dedication fund, TIF funds, and Lodging Tax fund have externally imposed constraints established. Because of this, the fund balances for these accounts will be reported as restricted. Enterprise FundsFunds - Retained Earnings, Reserve Balances & Working Capital/Retained Earnings Retained Earnings It is the goal of the enterprise funds to cover the cost of operations, including depreciation, so as to maintain a financially healthy enterprise. Retained earnings are a product of revenues over expenditures over time and consist of the net result of assets minus liabilities. Retained earnings will be used for the support of these enterprises and support of the general fund should the City Council feel the need due to unforeseen, unique, or unusual circumstances. (iI.e. state budget cuts). Reserve Balances & Working Capital When considering the level of reserve balance in the enterprise funds, the City Council will annually review by fund the areas of operating expenditures, outstanding debt, and capital replacement. Each fund must maintain a reserve balance that includes 90 days of operating expenditures along with 10% of the 5 59 total debt issued in the fund and 10% of the capital replacement costs based on the fund’s asset valuation reported in the previous year’s financial statement. This information will be calculated and reviewed on an annual basis by the City Council in the budgeting process. A minimum 10-year fund financial model will be maintained so the reverse balance can be monitored along with annual operating expenses, debt issuance, and capital replacement needs. The City Council will use this tool to assist in the establishment of rates and charges for services to maintain the financial health of the enterprise funds. EXPENDITURES Expenditure Objectives The objectives of the expenditure guidelines are: To support the local firms and merchants within the community whenever possible subject to meeting other expenditure guideline objectives. To ensure City funds are only used for public purposes. To obtain supplies, equipment, and services as economically as possible. To purchase materials which are best suited to the specific needs of departments. To improve the speed of delivery to departments by predetermining, through contracts or other appropriate means the sources of supply before the actual needs. To promote fair and open competition among bidders. To ensure compliance with all applicable policies, statutes, and regulations of the City, the State, and the Federal Government. Local Purchasing Objectives & Criteria Purchasing from local business and merchants is a high priority to support the economic vitality of the Waconia business community. Whenever economically possible, local vendors will be included in obtaining bids, quotes, or estimates to obtain supplies, equipment, and services. A local vendor may be selected on the following criteria: Low Cost Availability of goods and services required by City departments Reduction of shipping or delivery costs and delivery time Quality of Service and/or Products All employees of the City shall comply with all City, State, and Federal statutory requirements regarding purchase of materials or services. The following practices are also specifically forbidden so as not to create a conflict of interest: Using information available to an employee solely because of their position for personal profit, gain, or advantage. Directly or indirectly furnishing estimating services, or any other services or information not available to all prospective bidders, to any person bidding on, or who may reasonably be expected to bid on, a contract. Using their position or status in the City to directly or indirectly solicit business of any kind for private use or to obtain supplies and equipment at special discounts or with special concessions from any vendor who sells or solicits sales to the City. Public Purpose Expenditures All expenditures made by City employees using City funds must be for a public purpose. An expenditure is made for a public purpose if it meets all of the following criteria: 6 60 It will benefit the community as a body; It is directly related to functions of government; and It does not have as its primary objective the benefit of a private interest. Guidelines Regarding Certain Employee Expenditures To ensure City funds are only used for public purposes in regard to certain employee expenditures, City employees must observe the following guidelines: Expenses Related to Work Assignments The City may pay reasonable expenses directly related to the performance of an official City activity including expenses for travel, lodging, meals, and appropriate incidental expenses that are directly related to the performance of an employee’s official job duties for the City. Employee Safety Programs The City may pay reasonable expenses directly related to the operation of an employee safety program when the program is required by law or the benefit of the program is clearly demonstrated and a written outline of the program is approved by the City Council. Employee Training and Development Programs The City may pay reasonable registration, tuition, and travel expenses for a conference, seminar, workshop or similar employee training (internal or external)or development opportunity when it is directly related to the performance of the employee’s official job duties for the City. Employee Wellness and Recognition Programs The City may pay reasonable expenses related to employee wellness and recognition programs, including non-monetary service awards to recognize employee performance and length of service. Any such program shall be outlined in writing and approved by the City Council. A program primarily of a social nature, however, does not qualify. Further, the City shall not pay for spouses or third parties to attend any wellness or recognition event. Meals and Refreshments The City may pay reasonable meal and refreshment expenses when the meals or refreshments are provided: As part of a structured agenda of a conference, workshop, seminar or meeting when the employee is authorized by the City to attend and the topic relates to the official business of the City. As part of a City sponsored meeting, conference, or workshop when the employee is required by the City to attend and the majority of the participants are not City employees. As part of a City-sponsored event where registration fees are charged and the majority of the participants are not City employees. During an official meeting of the City Council or any official meetings of City Council committees, task forces, work group, or advisory committees, provided the provision of meals or refreshments is necessary to sustain the flow of the meeting and to assist the participation of the attendees. As part of a formal meeting that consists primarily of City employees when the meals or refreshments are an integral part of the formal meeting or training and are necessary to sustain the flow of the meeting, to retain the captive audience, and to assist the participation of those employees and attendees, but only if the meeting is a City or department-wide staff meeting for all City or department employees, as applicable. 7 61 Expenses Not Covered The following expenses are not public purpose expenditures: Refreshments or meals for routine staff meetings. Private organization memberships unless specifically allowed by a Minnesota law. For each such expenditure paid by the City, the specific statutory authority allowing the expenditure must be determined. Alcoholic beverages. Employee parties (including holiday parties). Employee entertainment. Reimbursement Procedures In addition to the requirements contained in this section regarding pubic purpose expenditures, any expense for which reimbursement is sought shall also be subject to the employee reimbursement policies set forth in this Financial Policy and Guidelines document, the purchasing requirements found in Section 250.21 of the Waconia City Code, and any applicable personnel policies. Purchasing – Standards and Methods In general, each department shall make purchases for the requirements of the City. Purchases will not be separated into smaller purchasing components in order to eliminate a threshold authorization requirement. To facilitate a sound and cost effective purchasing operation, City departments shall follow one of the following procurement methods: Purchases less than $500 Purchases under $500 will be allowed by staff in the course of normal business with approval by the department manager. Petty cash is not allowed. Purchaser must submit a sales receipt to the department manager for proper account coding. The department manager must determine funds availability within the approved department division budget. Staff will attempt to purchase all goods and services at the lowest possible cost. The department manager may give approval for certain employees to make recurring purchases without approval. Purchases $500 to $5,000 Purchases $500 to $5,000 are allowed to be made by department managers. Determination for the purchase should include funds availability as defined in the approved department budget. Department managers will attempt to purchase all goods and services at the lowest possible cost and will obtain more than one quote for such purchases when possible. The following exceptions are made: Utility bills, including electrical, fuel oil, natural gas and telephone Fringe benefit and other payroll related costs Postage Mandatory public safety training Investments Liability insurance, including workers’ compensation Water meters Refuse tipping fees Automotive gasoline and diesel fuel 8 62 Mandated licenses, permits, and fees to the State of Minnesota and U.S. Government Professional services under contract approved by City Council Debt Service principal and interest Purchases over $5,000 but less than $100,000 Purchases over $5,000 but less than $10,000 must be initiated by the department manager and approved by the City Administrator in advance of the purchase or contract. Department managers may, in the Administrator’s discretion, secure at least two (2) quotations if practical and reasonable or may recommend purchase on the open market. The department manager must determine funds availability within department budget. If a purchase or contract cost is expected to exceed $10,000 but not to exceed $100,000, department managers may, in the City Administrator’s discretion, use the sealed bid process or make the contract by direct negotiation. If direct negotiation is used, managers must get at least two (2) quotations and keep them on file for at least one year. Approval of the City Council is required in advance of the purchase. Public improvement contracts will follow other requirements as outlined in Minnesota StateN Statutes. Purchases over $100,000 Cities with populations of 2,500 or more must use the sealed bid process for contracts estimated to exceed $100,000. The department manager or designee shall prepare contract and bid specifications in conjunction with the project. The City Council shall approve the specifications and authorization to place and advertise for bids. Following the bid opening and bid analysis, the City Council may approve or deny the purchase or contract. Public improvement contracts will follow other requirements as outlined in Minnesota StateN Statutes. Bulk Purchasing There are a variety of goods and services that when purchased in bulk is a cost savings to all departmental budgets. The finance departmentCity and staff purchasing committee wwill seek to purchase bulk items at the lowest possible cost and will determine a list of items on an annual basis that are shared between departments. The purchasing committee will make recommendations on inventory control and methods for obtaining bids and quotes. Life-Cycle Costs Initial bid prices or quotations shall generally govern in determining the source from which to acquire particular goods or services. However, as the initial purchase price or construction cost measures only one part of the total overall expenditure, life-cycle costs may be considered in many bidding situations. This may be factored in one of two ways: Specifications may demand a product with characteristics that will assure utility and economy. This may include additional specifications so as to exclude bids from suppliers of goods that are not economical or suitable for the intended use. "Total cost" bidding may be utilized, which takes into account mechanical durability. In this case, bidders generally guarantee limitations on the City's cost of ownership for operation of the product. When all other factors of the acquisition process are equal, preference shall be given to businesses located within the City of Waconia. Special Purchases in Emergency Situations 9 63 Emergency purchases are those made by department managers where an immediate purchase is necessary to correct a situation, which would adversely affect the life, health, or safety of the citizens. To the greatest extent possible, the preceding procedures should be followed. However, in case of an emergency, a department manager may purchase directly any supplies, materials or services necessary to alleviate the emergency. Every effort shall be made to contact the City Administrator whether the emergency occurs during or after normal working hours. On the next business day, such emergency shall be documented with the Finance Director. In the event where emergency purchasing is related to natural disaster events, the Finance Director shall review and approve of all account coding for all emergency purchases and maintain a separate chart of accounts according to FEMA requirements and GFOA recommended practices for emergency management recordkeeping. Purchasing – Procedures Accountability Department managers will be accountable for the purchasing done within their departmental budgets. Financial reports will be distributed to department managers on a periodic basis and are available in electronic detail in the budgeting software. Assistance will be available to help department managers analyze their budgets to insure proper spending. Purchases that exceed a departmental annual budget are not allowed unless first approved by the City Administrator. Failure to follow purchasing procedures could result in disciplinary action, loss of purchasing privileges and a personal liability for purchases. Department managers may only code expenditures to division budgets and/or funds under their management oversight unless written approval from another department manager is obtained. A purchase request memo shall be submitted to the City Administrator and then to the City Council (if applicable) for all operating purchases in excess of $5,000, prior to incurring the expense. Employees are encouraged to obtain more than one quote accordingly. Claims/Acquisition Process The City executes purchases depending on the dollar amount and nature of the purchase. Staff making purchases according to standards and methods will adhere to the following process: Sales receipts must include the signature of the purchaser, description of purchase, and reference to department or division. Sales receipts must be turned in to the Accounts Payable Department. When turning in more than one (1) receipt from a single vendor, receipts must be organized in date order. All invoices shall be mailed or delivered to City of Waconia, Attention: Accounts Payable, 201 Vine Street South, Waconia, MN 55387. Claim registers or vouchers of departmental purchases are reviewed and electronically approved by the department manager to ensure accuracy of coding and to be in line with departmental budget. The Finance Director prior to City Council reviews the claim register. City Council reviews all purchases by City staff including informational, purchasing card, and outstanding claims at each City Council meeting. The Mayor and City Administrator sign the approved claim register. 10 64 Check Signing The required signature on all checks is two of the following: Mayor, City Administrator, and Finance Director (Treasurer). Joint Purchasing In certain instances, in the discretion of the City Administrator, purchase requirements of more than one department may be grouped together for more cost effective purchasing. In these instances, the authority granted to departments to manage their purchases as outlined above will be overridden by the decision of the City Administrator and joint purchasing instructions of the City Administrator will be followed. Credit Cards The use of credit cards (purchasing cards) by staff for City business is an authorized payment method, and not a method of creating debt, therefore all credit card balances shall be paid off on a monthly basis without delinquency fees or finance charges. Failure to avoid finance fees will require the discontinued use of the respective credit account. This guideline is intended that an employee neither gain nor lose financially from the use of credit cards. All employees shall be responsible for complying with these directives. Authorized Employees The City carries several purchasing credit cards with one named vendor previously approved by the City Council. The Finance Director will authorize the opening, use and distribution of all purchasing credit cards. All cards authorized to employees must be activated with a member of finance staff along with a signed affidavit noting card policy, procedures for use, and card holder responsibility. The finance department will maintain a listing of accounts, limits, and personnel authorized to purchase with the respective credit cards. Credit cards will be kept in a secure location by employees when not in use. Review of card activity and limits is completed by the Finance Director on a quarterly basis. Limits are lowered or increased if needed based on past purchasing history. Any changes in limits must be requested by a department manager and authorized by the Finance Director or City Administrator. Cases of fraud and misuse are reported to the Finance Director or City Administrator for further investigation and handling. Fraud or misuse maybe reported by the card vendor or by City staff and dealt with accordingly. Authorized Purchases Since use of the purchasing credit card is restricted to purchases for the City, no personal use is permitted and all purchases must be for a public purpose. Minnesota State Statute provides that if officers and employees make purchases for the City that are not authorized by the City Council, they become personally liable for the amount of the purchase. In the event that an employee fails to provide adequate documentation (i.e. sales receipt or carbon copy), a missing receipt affidavit must be signed by both the employee and department manager with a complete explanation of the expense, appropriate account coding, and, and the reason for the missing receipt. Failure to complete an affidavit will result in disciplinary action up to and including termination of employment and the amount of purchase will be deducted from the employee’s next pay check. Employees are allowed to provide an affidavit twice per calendar year. If future cases occur where a physical receipt is not provided, action maybe taken by the City Administrator; this including removal of the employee’s ability to use the City’s purchasing card program. Minnesota State Statute provides that claims presented for payment must be in writing and itemized. Department managers will be responsible for ensuring receipts and invoices meet this requirement and provide them to the finance department for prompt payment of the purchasing credit card statement. 11 65 Credit card purchases should be the primary method for making City purchases. If a vendor does not accept credit cards as a form of payment, the vendor is asked to receive payment for goods and services via electronic funds transfer (EFT). No open house accounts are allowed at any vendor. Credit card purchases may be used for authorized travel, education, meals, refreshments, operating supplies, small equipment purchases, contracted services and fuel for the operation of City vehicles. REVENUES Revenue Objectives The City will maintain a diversified and stable revenue system to shelter it from short-term fluctuations. To protect and better develop future tax base, the revenue guidelines will emphasize preserving the City’s ability to grow and expand. Charges and fees should be reviewed and updated annually based on factors such as impact of inflation, other cost increases, adequacy of coverage of costs, and current competitive rates. On an annual basis, the entire Fee Schedule (Ordinance 1100) will be modified and adopted in conjunction with the annual budgeting process. The following are revenue objectives based on type of revenue: Fees and Charges That Align with Cost Recovery Fees are based on an objective of recovering a stated percentage of a given program’s expenses. Revenues Related to Development Fees are based on policy related to growth activity. Charges Must Align with Local Market Forces Fees are based on maintaining a logical relationship with local market forces. Revenues with a Relationship to the Value of Money Fees are subject to ongoing inflationary or other indexes. Fines and Violations Fees are used as a means of enforcing compliance with cCity rules and regulations. Self-Supporting Enterprise Fees Fees and charges usually associated with a governmental “business” enterprise. Fees are based on a formal rate model for factoring in relevant operational, capital, and debt service cost components. Escrow Accounts Escrows funds as defined in cCity ordinances will be deposited for land use projects until the project is determined by City staff to be complete. The and developer or property owner will need to pay for consulting and cCity staffing services associated with the project//development. The City will pass through the following items, but is not limited to: engineering, legal, printing, publishing, and staff timecosts associated with the project/development. The developer or property owner must and maintain a positive the escrow balance until completion of the project/development and redeposit funds if the escrow account becomes negative. 12 66 Receipting Cash receipting procedures will be adhered to for revenue items at all City facilities. Only authorized personnel are allowed to take cash receipts from customers. Reconciliation of revenue, to close out daily receipts, taken in through point- of- sale systems at each city City facility is required by the department manager or their designee. Finance staff provides internal control procedures and oversees all changes to revenue items in the point of sale system, final end of day processing, posting to the general ledger, and overall revenue management. A receipt will be created for all sources of revenue through the point of sale system with exceptions for the following: Electronic deposits from the State of Minnesota, counties, or other governmental agencies Interest revenue Other automatic deposits where a statement is received, reconciled, and approved ReimbursmentReimbursement items from employees or vendors that are considered miscellaneous in nature with approval of the Finance Director Forms of Payment Accepted The following are acceptable forms of payment: Credit or Debit Card When accepting a credit or debit card as a form of payment adherence to receipting procedures established by the major credit card network shall be followed and are communicated to employees during training processes. 1. Credit or Ddebit cCard must be held until approval number is received in case of fraud or card misuse. 2. A signed receipt must be obtained by the customer when they are paying at the counter with a credit or debit card and kept for retention purposes. If a customer pays by credit or debit card over the phone, the card number must never be written on a piece of paper. The number must be entered directly into the point of sale and the receipt shall list the signature as “Phone” and kept with the daily receipt batch for retention purposes. Checks Checks are accepted for allfor all City services if credit or debit card is not available. Checks must be endorsed for deposit upon receipt. Proper photo identification and check processing guidelines are available at all facilities and have been approved by the City’s banking entity. Cash Cash handling practices are under strict internal control guidelines and must balance to the end of day sales reporting based on those transactions established as cash sales for the day. Any discrepancy in cash handling must be addressed by the department manager with their staff with a resolution to the finance department by the end of the next business day. Any mishandling of cash transactions is reported to the Finance Director or City Administrator immediately. Returned Payment – Non-sufficient Funds Returned check payments for nonsufficient funds shall be processed twice through the City’s financial institution before reversed from a customer’s account. If the check is returned after the second attempt at collection, the funds will be reversed from the customer’s account and fees according to Ordinance 1100 shall be applied to the customer’s account. No cCheck payments will not are be allowed from the 13 67 customer after two returned check payments for six months after the second offense. The City will collect funds using all methods afforded by MinnesotaN State Statues. Deposits and Batch Processing Deposits will be made every business day so as to ensure the highest level of interest earnings. Revenue source and project codes will be reviewed to ensure accurate project tracking before a daily batch is posted. Finance staff oversees the final import of all cash receipts to the financial system. Any correction to a daily deposit and reason for shortages/overages must be in written detail with the cash receipt import to be filed for retention purposes. These discrepancies must be signed off on by the department manager or the Finance Director. In accordance with internal control standards in regards to segregation of duties, another fFinance staff member ensures the receipt batch total equals the deposit register and then reconciles the deposit to the bank statements. All monthly cash reconciliations are reviewed and approved by the Finance Director. Billing for City Revenue Any department wishing to bill another entity for services provided by the City or paid for by the City to be passed thru must submit an invoice request form. Supporting documentation is required to be included with the invoice for customer reference. The invoice request form must include the person requesting the invoice along with a department manager’s approval to be processed. The department manager must also provide coding for the revenue in accordance with their budgeted revenues. Invoices will be processed by the fFinance Ddepartment within three business days of receiving the request for invoice form. Revenues are recognized in the general ledger as of the invoice date. Invoices are aged at 30 day intervals. Statements of invoices outstanding are sent to customers with outstanding balances at the end of each calendar month. Reconciliation of outstanding accounts receivable items is reviewed at the end of each month by the Finance Director. Action is taken with customers that have outstanding balances as seen fit by the Finance Director and the City Administrator. Recognition of Bad Debt The computation of an allowance of doubtful accounts should be performed at least annually based upon the aging of receivables and recent history of write-offs at fiscal year end, with any material changes reported to the City Council. First, City staff will attempt, through the proper channels, to collect the funds deemed doubtful and ultimately recommend certification to property taxes. Documentation for each attempt at collection must be noted in the customer account. If funds are not able to be collected, the Finance Director would make a recommendation for write offs to a bad debt expenditure up to $500. For balances above this threshold, City Administrator and/or City Council approval must accompany the write off to the bad debt expenditure. Special Event Cash Handling For special events held outside of a City facility, a cash box will be provided by the fFinance dDepartment. The starting amount of bills and change is noted on a cash box reconciliation sheet and must be signed off on by two City employees before the box can be given out to the department with the special event. When the event is complete, the staff member in charge of the event and cash handling must reconcile their sales items to what monies were actually taken in. This reconciliation must be done on the cash box reconciliation sheet. This sheet is then recorded the next business day with the regular City cash receipts. Any discrepancies must be explained by City staff and signed off on by their department manager. Any discrepancies will be reported to the Finance Director for further review. 14 68 Refunds and Cancellations Cancellations of any program, lesson, rental of facility, or rental of meeting rooms is permitted seven (7) days prior to the date of the activity or event without being subject to a cancellation fee. Cancellations fees are applied based on timing of cancellation notice. Cancellation fees are listed in cCity oOrdinances section 11100. Should the City of Waconia cancel a program, activity, or close a facility - refunds or credits on account will be applied. For park and recreation programming, the recreation account will be credited. For other refunds, the credit or debit account used to pay for the goods or services shall be credited. Grants and Donations All grants and donations awarded to the City shall be presented to the City Council for approval. The department manager will prepare a summary of the funding agency source and recommended use of proceeds for City Council review. Grants Department managers will follow the standard operating procedure established for applying for and accepting grant proceeds on behalf of the City. The standard operating procedures include obtaining City Council approval by resolution to apply for and formally accept the grant proceeds. All documentation sent to outside agencies on behalf of the grant including the application must be forwarded to the finance department to ensure inclusion in the City’s annual audit. Finance staff will ensure revenue and expenditure matching in regards to the funds received on behalf of the grant and report any discrepancies to the department manager that applied for the grant. Donations Substantial Gifts The City of Waconia seeks to recognize donors who, through a distinguished effort or substantial financial gift, wish to support a City facility or structure. For example, structures may include pavilions, warming houses, shelters, plazas, etc.; real estate to be used for parks, trails or open space, interpretive areas, or active recreation; or other large-scale projects as discussed with the Advisory Boards and City Council. The following procedure will be used for recognizing donations for amenities or projects, in addition to defining the period of time in which the donation or gift will be received by the City. For the purposes of this policy, “Substantial Financial Gift” is defined as at least 50% of the estimated cost of: 1) New construction, remodeling, or renovation; 2) Developing a new real property, i.e. park buildings, structures, real estate, etc.; or 3) Replacement of an existing, unnamed facility or landmark that requires substantial renovation at the time of the gift. The City of Waconia will review donations of a routine nature (e.g. trees, park benches and other furniture) on a case-by-case basis. The department manager receiving the donation will review the donation with the City Administrator prior to City Council acceptance. 15 69 Recognition may be in honor of individuals, groups of individuals, or corporations. 1) Donors or donor representatives must sign a donor agreement that delineates terms of the contributions. A donor may remain anonymous. Method of donor recognition must be agreed upon and formally approved by the City Council prior to signing the donor agreement. The Donor Agreement will include the following language: (a) In the event of demolition of a structure, its recognition or any part of it shall be subject to new recommendations. (b) When requesting recognition of a structure or facility, architectural style should be consistent with the City’s visual standards, and adhere to City ordinances. (c) The designated staff person is responsible for overseeing compliance with these policy requirements, including completion of consultations and approvals, securing signatures on donation agreements by donor, donor representative, and the City of Waconia. (d) Groundbreaking, dedication, or other ceremonies relating to gifts, shall be reviewed and approved by the City Council. (e) The City Council may rescind a donor’s recognition for just cause. 2) The nature of the donation will assist in determining the type of recognition. 3) A plaque, or other negotiated signage, may be placed on a building, room, or facility to recognize a donor. The design, wording, size, and location of the plaque will require the approval of the City Council. 4) A donor recognition or memorial plate may be affixed to routine furniture items. The City shall specify the size and location of the donor plate and the donor will pay for the plate and the engraving. The City shall approve the wording of the donor plate and affix the plate to the furniture. 5) Plaques or markers will not be placed for routine tree donations. 6) Donations of a routine nature will be approved by the City Council and will be recognized with a certificate or appreciation. 7) The donor shall pay for the delivery and installation of the amenity and/or donor recognition plaque or plate. 8) The option of funding the amenity for life of said amenity may be negotiable and would require assurance of sufficient funding. There is no exclusive right to sole recognition in cases of expansion or other structural modifications. Recognition carries no power of direction to the City on matters of schedule, design, furnishing, or priority of use. Process and Procedures for Submission of Proposal Any proposal for recognition shall be made through a formal submission process to the Advisory Board (if appropriate) which will then make a recommendation on the proposal to the City Council. 16 70 Proposals must have the written approval of the person or corporate representative for whom the recognition is to be given. If the person is deceased, the approval of the family or designated representative should be obtained. If the person is deceased and there is not family or a designated representative, recognition can proceed through the submission process. Procedures governing approval of recognition proposals, of a non-routine nature, are set forth below and may also be supplemented by such operational guidelines as the City of Waconia may adopt from time to time. Exceptions from policy requirements must be authorized by the City Council in advance of the donation. 1) A schematic design and details will be submitted to the City of Waconia and shall include the following elements: (a) A scaled architectural drawing or plan drawn to scale to be completed by a landscape architect or civil engineer, registered in the State of Minnesota, and would include: • site plan; • architectural details; • landscape plan; • tree preservation; and • Sign or memorial detail. Please note: The schematic design phase of the submission process will be overseen by the appropriate departments of the City of Waconia according to established procedure. The proposed recognition should be designated at the time of submission of the schematic design, as found in Step One, a5. Recognition may not be allowed after the amenity is operational except by Council review and approval. 2) After submission of the schematic design, the individual, group, or corporation will formally present their request an Advisory Board (if appropriate) and then make a recommendation to City Council. 3) Upon approval by City Council, the Donor Agreement will be signed and kept on record with the City of Waconia. Method of Payment and Responsibilities of Donation Donations associated with recognition proposals may be made by the donor with financial assurity or cash escrow for the full amount of the donation and shall be submitted to the City prior to the commencement of construction of amenity or project. Individual donors may gift a portion of their contribution through an irrevocable trust or a contractual bequest mechanism. Should the donor renege on any payment once the project has commenced and the donor agreement has been signed, the City shall be allowed to keep any portion of the donation already paid, and recognition shall not apply. Should the City fail to use the funds for the stated purpose in the Donor Agreement, the funds shall be returned to the donor. 17 71 Donations of Land The City Council shall require an estimated value of the land being donated in order to establish a starting value within the City’s capital asset records. Naming The City will commemorate long-term service to the community or to a distinguished person, and such recognition is contingent upon Council review and approval. The City will consider naming opportunities for outstanding contributions, such as parcel of land or new donation outside the geographic confines of the existing park system. The City prefers not to name facilities within its park system that are made possible with donations. However, some exceptions may occur. Naming a building in honor of a person who has given extraordinary distinguished service to the City will not normally be considered until after his/her substantive formal relationship with the City has ended. The name used should normally be the family name, or in the case of a corporate entity, the shortest possible name. Unless the City Council determines otherwise, a name may only be used once. Stewardship Stewardship requires that the City of Waconia honor the expectations of donors and abide by gift agreements, including recognition provisions. Recognition is generally expected to last the lifetime of the building, facility, unit, program, or other endeavor. There may nonetheless be extraordinary circumstances that justify cessation of the use of a recognition, or “renewed recognition,” such as change in use, substantial renovation, or demolition of an existing building, facility, or part thereof, major programmatic changes, failure of a donor to meet the financial commitment of the donor agreement, or other situations unforeseeable at the time of the original recognition. In all cases, the City Council must approve the renewed recognition. Gifts to City Officials With some exceptions, every gift to any city official is prohibited, Minn. Stat. § 471.895. An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person. Minn. Stat. § 471.895, subd. 1 (c). An "interested person" is a person or a representative of a person or association with a direct financial interest in a decision the local official is authorized to make. The law prohibits gifts to local officials, not to cities. A gift can be given by an interested person to the City. Whether the City can pass the gift on to local officials is discussed below. A gift means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. An interested person who cannot give a gift to a local official includes anyone who is or may provide goods or services to the City--such as engineers, attorneys, fiscal advisors, contractors, and sales representatives. Virtually every resident of the City and anyone doing business in the City could at some time have a direct financial interest in a decision a local official is authorized to make and thus would 18 72 qualify as an interested person. The following are possible examples where a property or business owner’s financial interested could be effected. Levying of property taxes Spreading of special assessments Valuation of property for tax purposes Issuing of a license Zoning of property or granting of a land use permit Any person doing business or residing in the City is potentially an interested person. Since virtually every elected or appointed city official or employee is covered by the prohibition of gifts law, the question of whether anything is exempted from the gift law is important. There are a few limited types of gifts that are not prohibited. The following types of gifts are permitted: Political contributions. Services to assist an official in the performance of official duties. Services of insignificant monetary value. A plaque or similar memento recognizing individual services in a field or specialty or to a charitable cause. A trinket or memento of insignificant value. Informational material of unexceptional value. There is also an exception for food or beverage given at a reception, meal, or meeting away from the recipient’s place of work by an organization before whom the recipient makes a speech or answers questions as part of a program. This exception probably permits only principal speakers at meetings to receive gifts of food or beverage. There are no blanket social exceptions to the law prohibiting gifts to local officials. But, gifts given because of the recipient’s membership in a group, a majority of whose members are not local officials is permitted if an equivalent gift is given to the members of the group who are not local officials. And, gifts given by an interested person who is a member of the family of the recipient are permitted, unless the gift is given on behalf of someone who is not a member of that family. The law prohibits gifts to city officials, not to cities. Thus, an interested person can give a gift to the City. If the giver has no control over who will receive the gift, and the gift was not targeted to a specific person, perhaps a city official could benefit from that gift. However, if the person who benefits has any control over the decision to have that gift benefit that person, the gift would be prohibited. For example, if an interested person gave five tickets to a football game to the City, the City Council could not decide to use the tickets themselves. This law applies to all employees, members of the city council, appointed boards, commissions, and committees. CAPITAL IMPROVEMENT PLAN (CIP) CIP Objective A Capital Improvement Plan (CIP) will be developed for a period of five (5) to ten (10) years. A longrange capital planning committee, appointed by the City Council, will address capital improvement projects, capital equipment needs, and the affect on the City’s resources. The CIP will be reviewed and updated annually. Years two through ten are for planning purposes only. For further details regarding plan goals, objectives, procedures, rankings, etc, refer to the Capital Improvement Plan Guidelines with the current CIP. 19 73 Capital Improvement Plan Budget The Long-Range Capital Improvement Planning Committee will coordinate development of the CIP budget with the development of the annual general fund operating budget. As resources are available, the most current year of the CIP will be recommended for incorporation into the current year operating budget as capital outlay line items within the budget. Each capital improvement project will be reviewed by the long-range capital improvement planning committee for its impact on the operating budget in terms of revenue generation, additional personnel required, and additional operating expenses. The City will maintain its physical assets in a manner adequate to protect the City’s capital investment and to minimize future maintenance and replacement costs. The City will provide for maintenance and replacement from current revenues where possible. Minimum Project Cost To be considered in the CIP, a project must have an estimated cost of at least $10,000 in one of the calendar years of the project. Certain assets below that cost may be included for informational and planning purposes in the Council’s discretion. Projects may not be combined to meet the minimum standard unless they are dependent upon each other. Items that are operating expense (such as maintenance agreements, computer software upgrades, etc.) will not be considered within the CIP. Department managers will identify the estimated costs and potential funding sources for each capital project prior to inclusion in the CIP. The operating costs to maintain capital projects shall be considered prior to the decision to undertake the capital projects. Annual Review The Long-Range Capital Improvement Planning Committee will present the CIP annually to the City Council for approval. Any substantive change to the CIP after approval must be approved by the City Council. FIXED ASSETS AND CAPITIALIZATION THRESHOLD Capital Assets Definition Capital assets include land, land improvements, buildings, building improvements, construction in progress, machinery and equipment, vehicles, infrastructure, easements, intangible assets, works of art and historical treasurers acquired by the City for use in providing services to its citizens. A capital asset is to be reported and depreciated in government-wide financial statements. In the government-wide financial statements, assets that are not capitalized are expended in the year of acquisition. Infrastructure assets are long-lived capital assets that normally can be preserved for a significant greater number of years than most capital assets and are normally stationary in nature. Examples include roads, bridges, tunnels, drainage systems, water and sewer systems, and dams. Infrastructure assets do not include buildings, drives, parking lots or any other examples given above that are incidental to property or access to the property. All information in regards to City asset acquisition, retention, and disposal is maintained and reported to the Ffinance dDepartment. Establishing Classes of Assets The City establishes the following major categories of capital assets, with further details defined in Exhibit A attached hereto and made a part of this policy. 20 74 Land Land Improvements (Improvements other than buildings) Buildings and Building Improvements Construction in Progress Vehicles Machinery and Equipment Infrastructure Intangible Assets Depreciation Definition Depreciation is the process of allocating the cost of tangible property over a period of time rather than deducting the cost as an expense in the year of acquisition. It is the City’s policy to use the straight-line depreciation method. The basis of the asset is written off evenly over the useful life of the asset. The same amount of depreciation is taken each year. In general, the amount of annual depreciation is determined by dividing an asset’s depreciable cost by its estimated life. The total amount depreciated can never exceed the asset’s historic cost less salvage value. At the end of the asset’s estimated life, the salvage value will remain. To avoid the complications of depreciating each asset from the specific date on which it is placed in service, and because the City recognizes depreciation expense at year end, it will utilize a full-year convention. Under this convention, property placed in service at any time during a given year is treated as if it had been placed in service on the first day of thatyearthat year. This allows depreciation to be taken for the entire year in which the asset is placed in service. If the property is disposed of before the end of the estimated useful life, no depreciation is allowed for the year of disposition. To calculate depreciation on a capital asset, the following five factors must be known: Date the asset was placed in service, Cost or acquisition value, Salvage value, Estimated useful life, and Depreciation method. Obtaining an Asset’s Cost of Acquisition Value Capital assets are reported at historical cost and should include the cost of freight, site preparation, architect and engineering fees, etc. If something other than cash is used to pay for the asset, then the fairmarket value of the non-cash payment or consideration determines the asset’s cost or acquisition value. When the value of the consideration paid can’t be determined, the asset’s fair-market value determines its cost. With few exceptions, an asset’s cost should also include necessary costs incurred to place the asset in service. Costs include the invoice price plus incidental costs (insurance during transit, freight, capitalized interest as described earlier, duties, title search, registration fees, and installation costs). Exceptions to this rule include interest expenses associated with deferred payments and real estate taxes paid, if any, in the acquisition of property. Inventory Record The City shall inventory all capital assets. An inventory of all capital assets is maintained in a spreadsheet by the Finance finance dDepartment and database maintained by pPublic sServices staff. Each inventory record maintained by Ffinance staff should include: description, year of acquisition, method of acquisition (e.g. purchase, donation, etc.) funding source, cost or estimated cost, salvage value, and estimated useful life. The inventory record will also identify the departments that use the asset. The 21 75 Ffinance Ddepartment will quarterly review asset inventory with information provided by department managers and update records accordingly. On an annual basis, Ffinance, pPublic sServices, and fFire staff members review all physical inventories for accuracy. The Finance Director shall review all physical inventories taken. Recording Land Land is to be capitalized but not depreciated. It is recorded at historical cost and remains at that cost until disposal. If there is a gain or loss on the sale of land, it is reported as a special item in the statement of activities. Asset tracking is maintained by the fixed asset database. Recording Land Improvements Land improvements include items such as excavation, non-infrastructure utility installation, driveways; sidewalks, parking lots, flagpoles, retaining walls, fencing, signs, outdoor lighting, and other non-building improvements intended to make the land ready for its intended purpose. Land improvements can be further categorized as non-exhaustible and exhaustible. Non-Exhaustible Expenditures for improvements that do not require maintenance or replacement expenditures to bring land into condition to commence erection of structure, expenditures for improvements not identified with structures, and expenditures for land improvements that do not deteriorate with use or passage of time are additions to the cost of land and are not exhaustible and therefore not depreciable. Exhaustible Other improvements that are part of a site, such as parking lots, landscaping and fencing, are usually exhaustible and are depreciable. Depreciation of site improvements is necessary if the improvement is exhaustible. Recording Buildings Buildings should be recorded at either their acquisition cost or construction cost. The cost of new construction should be carefully evaluated because projects usually consist of major components such as land, land improvements, building construction (including professional fees and permits), furniture, fixtures and equipment. In addition, buildings include components such as roof, air conditioner system, etc that should be recorded separately when significant because these building components have different useful lives. The value of each component needs to be determined and placed within its own category. Recording Building Improvements Building improvements that extend the useful life should be capitalized. Examples of building improvements include roofing projects, remodeling or replacing major building components. Recording Construction in Progress Construction in progress should be capitalized and not depreciated. It should be reported with land and other non-depreciating assets at the government-wide level. Unspent debt proceeds from capital assets related debt are reported in the net assets section of the statement of net assets as “restricted for capital projects”. Recording Machinery and Equipment Assets such as furniture, machinery and equipment (that meet threshold levels) should be capitalized and inventoried. Some assets, individually, may fall below the capitalization threshold but may be purchased 22 76 in large quantities by the City e.g. computers, books. City staff should aggregate such assets and consider the materiality and significance of them and if material or significant capitalize such items either individually or in the aggregate. Recording Vehicles Vehicles should be identified, inventoried, and depreciated. Recording Easements An easement is an interest in land owned by another that entitles its holder to a specific limited use of the land. Therefore, easements are not required to be reported unless the City paid for the easement. (See Regarding Intangible Assets below). Recording Intangible Assets Intangible assets are to be capitalized and recorded based on actual cost. Easements (permenantpermanent and temporary), internally created computer software, water rights, patents, and trademarks will not be depreciated due to their indefinite useful life. Recording Works of Art and Historical Treasurers Works of art and historical treasurers should be recorded at historical costs. Depreciation is not required for collections or works of art that are inexhaustible. Establishing and Setting the Threshold Levels for Recording Capital Assets The following elements of useful life, salvage value, and asset costs are established for capitalization of assets: Estimated Useful Life The first criterion is useful life. An asset must have an estimated useful life greater than one (1) year to be considered for capitalization and depreciation. Assets that are consumed, used-up, habitually lost or worn-out in one year or less will not be capitalized. Salvage Value The second criterion for determining depreciation expense is calculating the assets salvage value. Assets categoriedcategorized as vehicles, machinery and equipment will take into consideration a salvage value. A value of 5% of the total original cost of the asset will be recorded as salvage value. If an asset falls into any another asset category, a salvage value will not be recorded and taken into consideration when calculating depreciation expense. Asset Cost The thridthird criterion for determining depreciable capital assets is cost. The capitalization threshold shall be established as follows for per individual asset item. (See Exhibit A for additional threshold and asset class information.) Capitalize and Depreciate Land Capitalize only Construction in Progress Capitalize only Intangible Assets Capitalize only Land Improvements (Other than buildings) $10,000 23 77 Building and Building Improvements Infrastructure Machinery and Equipment Vehicles $10,000 $10,000 $10,000 $10,000 Asset Acquisition – Procedures & Internal Controls All asset acquisitions and disposals must be reported to the Finance finance dDepartment after council approval. As asset items and projects are completed, put into service, and/or taken out of service, department managers must report to the Ffinance dDepartment the bid (disposal) along with City Council action/resolution. Documentation such as invoices for purchase (acquisition) and notice of sale must be forwarded before the database will be updated. When all invoices and charges for service are totaled for a project, the asset is activated by the Finance dDepartment and maintained with quarterly inventory audits and annual overall asset review. Depreciation expense is calculated at fiscal year end. Depreciation is calculated by the database and takes into account items as listed above including acquisition cost, useful life, and salvage value. Depreciation expense is then recognized as expenditure in the final period of the fiscal year. The calculation of depreciation is processed by finance staff and approved by the Finance Director. INVESTMENTS Policy and Scope It is the policy of the City of Waconia to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. The investment policy applies to all financial assets of the City of Waconia. These funds are accounted for in the City of Waconia’s Comprehensive Annual Financial Report and include: General Fund Special Revenue Funds Capital Project Funds Enterprise Funds Debt Service Funds Trust and Agency Funds Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the “prudent person” and/or “prudent investor” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with this policy and with MinnesotaN State Statute 118A and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Objective The primary objectives, in priority order, of the City of Waconia investment activities shall be: 24 78 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Waconia shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City of Waconia will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Liquidity: The City of Waconia investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements, which might be reasonably anticipated. Return: The City of Waconia investment portfolio shall be designed with the objective of attaining a benchmark rate of return throughout budgetary and economic cycles, commensurate with the City’s investment risk constraints and the cash flow characteristics of the portfolio. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Finance Director and City Administrator who shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate personnel, and their procedures in the absence of Finance Director and City Administrator. Investment Procedures The Finance Director shall establish written policy procedures for the operation of the investment program consistent with this policy. The procedures should include reference to safekeeping, repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. Ethics and Conflicts of Interest Public officials and city employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Council any material financial interest in financial institutions that conduct business within their jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City of Waconia. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services in the State of Minnesota. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule). No public deposit shall be made except in a qualified public depository as established by Minnesota laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Finance Director, upon request, with annual audited financial statements, proof of National Association of Security Dealers (NASD) certification, and proof of State of Minnesota registration. Annual completion of Notification to Broker and Certification by Broker (pursuant to Minnesota StateMN Statutes 118A.04) will be done. Authorized and Suitable Investments From the governing body perspective, special care must be taken to ensure that the list of instruments includes only those allowed by law and those that local investment managers are trained and competent 25 79 to handle. Minnesota StateN Statutes, Section 118A, lists all permissible investments for municipalities. The following is a list of investments which the City of Waconia will be authorized to invest in: 1. Government Securities: Instruments such as bonds, notes, bills, mortgages and other securities which are direct obligations of the federal government or its agencies, with the principal fully guaranteed by the U.S. Government or its agencies. 2. Certificate of Deposit: A negotiable or nonnegotiable instrument issued by commercial banks and insured up to $250,000 by the Federal Deposit Insurance Corporation (FDIC), or, if exceeding $250,000 FDIC coverage, is fully insured or collateralized. 3. Prime Commercial Paper: An investment used by corporations to finance receivables. A shortterm (matures in 270 days or less) unsecured promissory note is issued for a maturity specified by the purchaser. Corporations market their paper through dealers who in turn market the paper to investors. 4. Any security which is a general obligation of the State of Minnesota or any of its municipalities. 5. Statewide investment pools which invest in authorized instruments according to Minnesota StateN Statutes 118A. 6. Money market mutual funds which invest in authorized instruments according to MMinnesota StateN Statutes 118A. Interest-bearing deposits in authorized depositories must be fully insured or collateralized. Safekeeping and Custody When a broker dealer holds investments purchased by the City of Waconia in safekeeping, the brokerdealer must provide asset protection of $500,000 through the Securities Investor Protector Corporation (SIPC) and at least another $49.5 million supplemental insurance protection. Diversification The City will attempt to diversify its investments according to type and maturity. The portfolio, as much as possible, will contain both short-term and long-term investments. The City will attempt to match its investments with anticipated cash flow requirements. Extended maturities may be utilized to take advantage of higher yields and to match investment maturities with debt obligations; however, no more than 20% of the total investments should extend beyond 5 years. Unless prior Council approval is received, no investment with a maturity exceeding 10 years will be purchased. The City will attempt to diversity its investment portfolio according to broker-dealer or financial institutions. No more than 50% of the entire investment portfolio shall be held with one broker. Reporting Periodic required investment reports to policymakers and elected officials provide necessary written communication regarding investment performance, risk analysis, adherence to policy provisions, as well as other information. The Finance Director shall provide the City Council periodic investment reports, which provide a clear picture of the status of the current investment portfolio. The management report should include a summary of securities held at the end of the reporting period by authorized investment category, percentage of portfolio represented by each investment category, percentage of portfolio represented by each financial institution, and overall portfolio values. DEBT SERVICE 26 80 Practices Debt will be incurred only for those purposes as provided by Minnesota State Statutes. The City may utilize the M.S. Chapter 429 process for allowable purposes, including new development projects; however, unless specifically approved by the City Council, the term of the assessments on such new development parcels shall not exceed ten (10) years. The City of Waconia will never issue debt in excess of three percent (3%) of its total market value. Type of Instruments When the City Council determines that an eligible project will be funded through the issuance of debt, the following types of debt structures shall be considered: General Obligation Debt Bonds (G.O.) – Property Tax supported. General obligation bonds are direct obligations of the City and pledge the full faith and credit of the City. G.O. Debt Bonds are used to finance only capital facilities and equipment that are essential to the continued maintenance or development of the City. Any project considered for funding must be included in the Capital Improvement Plan of the City. The revenue stream for re-payment of the debt is primarily general property tax, but in some circumstances may include contract revenue. General Obligation Improvement Bonds (G.O.) – General Obligation bonds are direct obligations of the City and pledge the full faith and credit of the City. G.O. Improvement bonds are used to finance street and utility improvements that are essential to the continued upkeep, maintenance, and/or development of the City. Any project considered for funding must be included in the Capital Improvement Plan of the City. The bonds are supported primarily by special assessment revenues and property tax levies. General Obligation Revenue Bonds - Bonds which are supported wholly by revenues not based on real estate property values and can include enterprise revenues and other user fees. Special Obligation Revenue Bonds (Conduit Debt) - Conduit debt obligations are certain limited obligation revenue bonds or similar debt instruments issued for the express purpose of providing capital financing for a specific third party. Although these bonds bear the name of the City, the City has no obligation for such debt. These bonds should be issued when the proposed development is expected to be finically feasible and contributes to the general welfare or development of the City. The City will charge a fee of up to 1% of the bond offering. Equipment Certificates - These bonds are direct obligations of the City and pledge the full faith and credit of the City. Equipment Certificates shall be used to purchase equipment that is part of the Capital Improvement Plan. The City shall try and manage equipment certificates so that new certificates are only issued when a certificate expires. However, there may be times when this is not feasible. The revenue stream for re-payment of the debt is primarily general property tax, but in some circumstances may include contract revenue. Lease Transactions - The- The City shall have the option of financing equipment and facilities by executing a lease agreement with a third party. In considering leasing the following shall be considered: Before execution of a lease agreement, the Finance Director and Bond Counsel shall compare the cost of issuing long-term debt versus lease. A lease shall be utilized when this comparison results in favorable savings to issuing long term debt. Adequate general or enterprise revenues should be available to service the payments. 27 81 Bond Rating Strong financial management is a key credit rating factor. In order for the City of Waconia to respond quickly to economic and financial demands, the City will seek to maintain or continually improve the bond rating so as to seek the lowest possible interest rate available. The City will also maintain a “strong” Financial Management Practice (FMA) score to provide transparent and consistent information about the financial management practices. The Permanent Improvement Revolving (PIR) Fund will budget for all governmental capital improvement activities and a separate PIR Ddebt sService fFund will exist for the repayment of debt and collection of all special assessments and other sources identified within the projects. Arbitrage Monitoring & Reporting The City will utilize the services provided by the approved fiscal advisor for arbitrage calculation services. Compliance with regular arbitrage reporting will ensure the City is compliant with IRS regulations for the issuance of tax exempt bonds. Finance staff will provide reporting information from the City’s financial system to the City’s fiscal advisor when requested. A copy of each required arbitrage report will remain on file at the City with the bond issuance information. Letters of Credit Requirement Should 429 financing be utilized for private development projects, the developer or property owner shall provide an irrevocable letter of credit, issued by a banking institution approved by the Finance Director. The amount of the letter of credit shall be equal to one hundred percent (100%) of the total special assessments for the project and may be reduced on an annual basis after verification that special assessments have been paid in each year of the repayment schedule. In the case of an irrevocable letter of credit required for the completion of public improvements within the development project, the amount shall be equal to one hundred and twenty percent (120%) of the estimated cost of the improvements. The developer or property owner shall provide an irrevocable letter of credit, issued by a banking institution approved by the Finance Director. Special Assessments The financing for the reconstruction projects and overlay plan is is through the sale of General Obligation 429 Improvement Bonds. Minnesota State Statute requires a minimum assessed percentage of 20% for projects financed with 429 Improvement Bbonds. With each reconstruction project, a feasibility study is completed and approved by the City Council. Once a draft of the feasibility study is complete, City staff will share the information with a qualified appraiser to determine the special benefit to each property in the reconstruction area. The City Council will use this appraisal information as a basis for finalizing the special assessments due by property owners for reconstruction projects. Assessment Policy Summary: • • • • The portion of the project costs assessed to the abutting property owner shall be based on a linear front footage basis of the parcel or unit basis. The City pays 50% of the total project cost of a standard local street section and 100% of the cost of extra width and extra depth above the city standard local street section. Storm sewer costs are to be included in the total project cost of a city standard local street, assessed 50% (and City pays 50%), in accordance with the Street Assessment Policy. All or some of the following improvements may be incorporated in a reconstruction project. Costs for these improvements will be included in the overall project cost, with a contribution from the 28 82 • • • • • • City: storm water ponding, street lights, relocation of overhead power lines, street signs, sidewalks and trails, and boulevard trees. Corner lots and parcels with multiple frontages shall be assessed 50% of the front footage on each side. A minimum assessment shall be levied to parcels identified within the project area having neither direct primary nor non-primary access to affected streets. The assessment shall be equal to 75% of the typical front footage identified within the project area. Parcels abutting county roads are exempt from this provision. Assessments will not be levied for seal coat and overlay operations. Assessments may be pre-paid to the City by benefiting properties Assessments will be billed to the benefiting property owner by the City; typically over a ten (10) year period, at an interest rate of one percent (1%) over the bond interest rate. Over terms of the assessment receivable may be available to the benefiting property owners. In the case where a benefiting property owner is delinquent in their assessment payment, assessments may be certified to real estate taxes over a ten (10) year period, at an interest rate one percent (1%) over the bond interest rate. Partial pre-payments for assessments exceeding $100,000.00 may be accepted by the City. • • Improvement Curb & Gutter Local Street Collector Street as defined by the City’s Transportation Plan Type of Construction New Development Method 100% of the cost assessed to abutting property owner on linear front footage OR unit basis. Reconstruction (Complete) The portion of the project costs assessed to the abutting property owner shall be based on a linear front footage basis of the parcel. Reconstruction (Spot Repair) 100% of cost to be included in overall cost of project prior to assessment apportionment in accordance with policy. 100% of the cost assessed to abutting property owner on linear front footage OR per unit basis. New Development Reconstruction 50% of the cost to be assessed to abutting property owner on linear front footage OR per unit basis. 50% of the cost to be paid by City. Maintenance (Seal Coat & Overlay) New Development 100% Paid By City Funds. Reconstruction The portion of the project costs assessed to the abutting property owner shall be based on a linear front footage OR per unit basis. City pays 50% of the cost of the construction of city standard local street and 100% of the cost of construction above a city standard local street. 100% of the cost of the construction cost of a city standard local street assessed to abutting property owner based on linear front footage OR per unit basis. 29 83 Maintenance (Seal Coat & Overlay) Intersection Multiple Fronted Parcels - Corner Lot - Double Fronted Lot - Large Parcels - Etc. Parcels with no driveway access to primary and non-primary streets. Alley Sanitary Sewer Trunk/Lateral Sanitary Sewer Service Sanitary Sewer Over sizing 100% Paid By City Funds. New Development 100% of the cost to be included as part of street project and apportioned according to appropriate street construction category. Reconstruction 100% of cost to be included in overall cost of project prior to assessment apportionment in accordance with policy. Front footage to be used in assessment methods described herein shall be calculated as follows: - 50% of the front footage on all sides of the parcel. Reconstruction Reconstruction A minimum assessment shall be levied to parcels identified within the project area having no direct driveway access to neither primary nor nonprimary streets, i.e. alley access. The assessment shall be equal to 75% of the typical front footage identified within the project area. Parcels abutting county roads are exempt from this provision. New Development 100% of the cost assessed to abutting property owner on linear front footage OR per unit basis. Reconstruction 50% of the cost to be assessed to abutting property owner on linear front footage OR per unit basis. 50% of the cost to be paid by the City. 100% of the cost assessed to benefited area on unit basis. New Development Reconstruction 50% of the cost assessed to benefited area on unit basis. 50% of the cost to be paid by City. Maintenance New Development 100% of the cost to be paid by City. 100% of cost assessed to property owner. Reconstruction (Including main) 50% of the cost assessed to benefited area on a unit basis. 50% of the cost to be paid by the city. Reconstruction (Stand alone service replacement) New Development 100% of cost assessed to property owner. Reconstruction 100% paid by City. (Materials cost above 8-inch pipe plus 20% for handling and installation) 100% paid by City. (Materials cost above 8-inch pipe plus 20% for handling and installation) 30 84 Lift Station New Development 100% of the cost assessed to benefited area on a per unit basis. Water Trunk/Lateral New Development 100% of the cost assessed to benefited area on unit basis. Reconstruction 50% of the cost assessed to benefited area on unit basis. 50% of cost to be paid by City. Maintenance New Development 100% of the cost to be paid by City. 100% of cost assessed to property owner. Reconstruction (Including main) 50% of the cost assessed to benefited area on a unit basis. 50% of the cost to be paid by the city Reconstruction (Stand alone service replacement) New Development 100% of cost assessed to property owner. Reconstruction 100% paid by City. (Materials cost above 8-inch pipe plus 20% for handling and installation) 100% of the cost assessed to benefited area on unit basis. Water Service Water Over sizing Storm Sewer Trunk/Lateral New Development 100% paid by City. (Materials cost above 8-inch pipe plus 20% for handling and installation) Reconstruction 50% of the cost to be assessed to abutting property owner on linear front footage OR per unit basis. 50% of the cost to be paid by City. Maintenance New Development 100% of the cost to be paid by City. 100% assessed to development. Reconstruction Cost to be included in overall cost of project prior to assessment apportionment in accordance with policy. City makes contribution to the project. Overhead Power Lines Maintenance Relocation 100% of the cost to be paid by City. Cost to be included in overall cost of project prior to assessment apportionment in accordance with policy. City makes contribution to the project. Street Lights New Development 100% of material and installation cost on a unit basis paid by developer. Reconstruction Cost to be included in overall cost of project prior to assessment apportionment in accordance with policy. City makes contribution to the project. Maintenance 100% of the cost to be paid by City. Storm Water Ponding 31 85 Street Signs Sidewalks & Trails Boulevard Trees New Development 100% of material and installation cost on a unit basis paid by developer. Reconstruction Cost to be included in overall cost of project prior to assessment apportionment in accordance with policy. City makes contribution to the project. Maintenance 100% of the cost to be paid by City. New Development 100% of cost assessed on a unit basis to development. Reconstruction Cost to be included in overall cost of project prior to assessment apportionment in accordance with policy. City makes contribution to the project. Maintenance New Development 100% of the cost to be paid by City. 100% of cost paid by the Developer. Reconstruction Cost to be included in overall cost of project prior to assessment apportionment in accordance with policy. City makes contribution to the project. Maintenance 100% of the cost to be paid by City. Deferred Special Assessments Hardship Assessment Deferral for Senior Citizens, People with Disabilities, or Members of the National Guard or other Reserves Ordered to Active Military Service. Pursuant to the authority for deferring special assessments as provided in MinnesotaN State Statute Section 435.193 through 435.195, the City Council may, in its discretion, defer the payment of special assessments for any homestead property owned by a person 65 years of age or older, one retired by virtue of a permanent and total disability, or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. Eligibility Any person 65 years of age or older, permanently and totally disabled (as determined by the Social Security Administrator), or a member of the NaitonalNational Guard or other reserve ordered to active military service may request deferment of special assessments levied against real property for public improvements if the following conditions are met. 1. Ownership. The applicant must be the fee simple owner of the property or must be a contract vendee for fee simple ownership. An applicant must provide either a recorded deed or contract for deed with the application to establish a qualified ownership interest as required here. 2. Homestead. The property must be the applicant’s principal place of domicile and classified on the City’s and County’s real estate tax rolls as the applicant’s homestead. 32 86 3. Income. The income threshold for eligibility of those applicants 65 years of age and older or disabled be established by the most recent U.S. Census Bureau Poverty Threshold compilations. Income eligibility would be determined by the submittal of the most recent federal tax filing form. Interest on Deferred Assessment Interest on the deferred assessment shall be forgiven to December 31st of the year before the first installment is payable. Deferment Period The deferment shall be granted for as long a period of time as the hardship exists and the conditions aforementioned have been met. However, it shall be the duty of the applicant to notify the City Administrator of any change in status that would affect eligibility or deferment. The entire amount of deferred special assessments shall be due within sixty (60) days after loss of eligibility by the applicant. If the special assessment is not paid within the sixty (60) days, the City Administrator shall add thereto interest at a per annum interest rate of one percent (1%) above the bond interest rate and the total amount of principal and interest shall be certified to the County Auditor for collection with taxes the following year. Should the applicant demonstrate to the satisfaction of the City Council that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the Council may order that the applicant pay within sixty (60) days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date, including principal and interest, with the balance thereafter paid according to the terms and conditions of the original special assessments. Termination of Deferral Status The option to defer the payment of special assessment shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following events: 1. Sale of Property. The subject is sold, transferred, or subdivided in whole or in part. 2. Death of Owner. The death of the fee owner qualified for deferral status unless a surviving joint tenant, tenant in common, or contract vendee is eligible for the deferral benefit provided hereunder. 3. Nonhomestead Property. The subject property loses its homestead status for any reason. 4. No Hardship. The City Council determines that there would be no hardship to require an immediate or partial payment of the deferred special assessment. Filling for Federal Status/Fee An eligible applicant must file an application not later than thirty (30) days after the assessment is adopted by the City Council. All deferral applications must be made on forms approved by the City and submitted to the CityAdministratorCity Administrator. The applicant will be charged an administrative filing fee, based on the current fee schedule. Nothing herein shall be construed to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the above noted requirements where the determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 33 87 Deferred Assessment Procedures Deferred Assessment Application form is provided to applicant/property owner by the City Administrator’s Office. Applicant fills out the application form and provides the relevant information to document qualification for deferred assessment. Applicant then returns form to City Administrator’s Office. City Administrator forwards the application to the Finance Director for review of qualifications. Finance Director makes recommendation to City Council to approve or deny the application. An approved application may be forwarded to the Carver County Recorder’s office for recording and to the Carver County Taxpayer Services Division. The deferral information is entered into the City’s property records data base. At such time the property no longer qualifies for the deferred assessment (upon a transfer of the property, loss of homestead status, or death, no hardship as determined by the Council), the County Auditor/Recorder’s office will notify the City of the termination of the deferral status, and direct the party to the CityAdministrator’sCity Administrator’s office to pay balance on the outstanding deferred assessment amount. FINANCIAL POLICY ADOPTION The City of Waconia financial policy and guidelines shall be adopted and amended by action of the City Council. The Waconia City Council shall review the policy periodically and any modifications made thereto must be approved by the City Council. Policy Amended on: November 22, 2010 This policy replaces separate policies regarding purchasing, fund reserves, credit cards, special assessments, and capitalization. Policy Amended on: February 21, 2012 This policy replaces separate policies regarding purchasing, capital assets, and debt. Policy Amended on: February 18, 2014 This policy replaces separate policies regarding fund balance descriptions and capital assets. Policy Amended on: January 20, 2015 This policy replaces separate policies regarding enterprise fund reserves, grant application process, arbitrage reporting, and appraisal reporing for reconstruction projects that include special assessments. 34 88 CAPITALIZATION/DEPRECIATION SCHEDULE EXHIBIT A Asset Type Examples Non-Infrastructure Land Land Improvements – structures Parking lots, sidewalks, fencing, welcome signs Land Improvements – ground work Ball fields, landscaping, sprinkler system Intangible Assets Easements, water rights, patents, trademarks Buildings & Building Improvements Building Improvements such as: Electrical/Plumbing HVAC Systems Roofing Depreciable Life in Years No Depreciation 20 20 No Depreciation 40 20 20 20 Air-conditioners, heating, ventilation systems Vehicles Cars and light trucks Fire trucks Equipment Heavy Construction Equipment Firefighting Equipment Communications Equipment 5 20 Backhoes, trucks, dozers, front-end loaders, tractors, graders 10 Hoses, , extrication tools 10 Radios, camcorder, radar 5 Telephone Systems 10 Recreational Athletic Equipment Pitching machines, fitness equipment, scoreboards, Bleachers, playground equipment Custodial Equipment Floor scrubbers Grounds Equipment Mowers, tractors and attachments Office Equipment Printers, IT equipment Artwork Collections No Depreciation Mains Mains No Depreciation 40 40 Infrastructure Easements Water Systems Sanitary Sewer Systems 10 5 10 5 36 89 Storm Sewer Systems Curb and gutter, mains Streets/Roads Paved Non-paved 40 20 No Depreciation 37 90 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): January 20, 2015 Revolving Loan Subordination Agreement – Waconia Unhinged, Inc. Finance Nicole Lueck Resolution 2014-242: Resolution Approving the Revolving Loan Request for Waconia Unhinged, Inc. – Shonna & Jeff Caswell – Approved November 17, 2014 Consent Regular Session X Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution No. 2015-37, Approving Subordination Agreement – Waconia Unhinged, Inc. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) Staff received notice from Security Bank Waconia regarding additional financing for the relocation project for Waconia Unhinged, Inc. Security Bank has requested the City subordinate to their loan so that they maintain first mortgage position. Security Bank and the City of Waconia have worked closely together during the loan process for this relocation project as both parties had loans with Waconia Unhinged, Inc. for their previous location in downtown Waconia. The City currently holds 2nd position to the previous loan closed with Security Bank in 2004. Security Bank Waconia is planning to refinance the remaining balance of that loan and issue some additional new monies for the relocation construction project. In this process, they will need to satisfy the old mortgage and record a new one. This is similar to the process City staff went through to close the City revolving loan approved on November 17, 2014. The City’s current revolving loan is secured with a mortgage on the Glencoe Unhinged, Inc. building owned by Shonna & Jeff Caswell. An agreement for subordination is attached for the Council’s consideration. Security Bank Waconia completed a property appraisal of the property in Glencoe to ensure sufficient collateral was in place and the total of our loan and their loan does not exceed 80% loan to value. Staff has confirmed with the appraisal information the total of the loans to value provided is at 79% based on the valuation provided in the property appraisal. Waconia Unhinged, Inc. will begin making payments to the City on their revolving loan on February 1, 2015. The current outstanding principal balance is $149,753. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Revolving Loan Fund Budget Information: Budgeted Non Budgeted X Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 91 CITY OF WACONIA RESOLUTION NO. 2015-37 RESOLUTION APPROVING SUBORDINATION AGREEMENT – WACONIA UNHINGED, INC. WHEREAS, the City of Waconia (the “City”) desires to promote general economic prosperity of the community; and WHEREAS, the City has developed policies for the administration of a revolving loan fund; and WHEREAS, the City approved a revolving loan for construction costs for the relocation of Waconia Unhinged, Inc. on November 17, 2014 with a total loan amount of $149,999; and WHEREAS, the City currently has the loan secured with a mortgage on the Glencoe Unhinged, Inc. property owned by Shonna & Jeff Caswell in Glencoe, Minnesota; and WHEREAS, Security Bank Waconia requires a first position in collateral for their loans; and WHEREAS, by completing the subordination agreement, the City would maintain second position to the Security Bank Waconia loan if the Waconia Unhinged, Inc. loan was to go into default. NOW, THEREFORE, BE IT RESOLVED that the City Council of Waconia hereby approves the subordination agreement with Security Bank Waconia for the Waconia Unhinged, Inc. revolving loan. Adopted by the City Council of Waconia, Minnesota this 20th day of January, 2015. Jim Sandborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/_____________ S/______________ Erickson Bloudek Carrier Ayers Sandborn _____________ _____________ _____________ _____________ _____________ 92 93 94 REQUEST FOR CITY COUNCIL ACTION January 20th, 2015 SITE PLAN REVIEW and DESIGN REVIEW– 140 & 144 W. Main Street - Greg & Bria James Planning and Zoning Originating Department: Lane Braaten, Community Development Director Presented by: Previous Council Action (if any): October 20th, 2014 – City Council Approval for Site Plan and Design Review for Jax Taphouse at 140 W. Main Street Consent Regular Session X Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Meeting Date: Item Name: Adopt Resolution 2015-38 providing Site Plan and Design Review approval for Greg and Bria James for their properties located at 140 and 144 West Main Street with the Findings and Conditions Stated. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) BACKGROUND Applicant: Greg & Bria James Owner: Greg & Bria James Address: 140 and 144 West Main Street PID# 750503720 and 750503730 Zoning: B-3, Central Business District Comprehensive Plan Designation: Mixed Use (MXD) The property owners Greg and Bria James have submitted an application for Site Plan and Design Review for their properties located at 140 West Main Street and 144 West Main Street. The applicants are proposing a remodel of the front façade of 144 West Main Street along with exterior deck improvements, which will include both properties. Specifically, the applicants are proposing a multiple level deck system for use by the property at 140 West Main Street for their new restaurant titled Jax Taphouse. The deck system will include a 20 ft. 4 in. x 18 ft. 6 in. second level exterior deck on top of the existing building at 144 West Main Street and a larger main level deck to accommodate restaurant patrons. The proposed main level deck will consist of a 15 ft. x 18 ft. section proposed to be walled and roofed on three sides and enclosed with screening. The remainder of the main level deck will be open to the elements. APPLICABLE ORDINANCE PROVISIONS: 1. Section 900.12 - Administration, Enforcement and Procedures, Subd. 10 - Site Plan Review 2. Section 900.05 – District Regulations, Subd. 2.H – B-3, Central Business District 3. Section 900.06 – Supplementary Regulations, Subd. 9.D – Design Standards, Downtown District 4. Section 900.07 – Landscaping and Screening Regulations 5. Section 900.09 – Off-Street Parking, Loading, and Access Regulations SITE PLAN REVIEW City Ordinance requires Site Plan Review “in order to further promote the safe and efficient use of land and to further enhance the value of property in the City.” City Ordinance requires Site Plan Review for any construction for which a building permit is required, except for construction of detached, single-family residential structures or structures accessory thereto. 95 EXISTING USE 140 W. Main Street - The property is currently a mixed use, which is a permitted use in the B-3, Central Business District. The lower level is currently occupied by Terra Waconia for their existing restaurant use, while the upper level includes residential use. The applicants have indicated that they anticipate the mixed use to continue. 144 W. Main Street – The property was most recently used for retail and is currently unoccupied. The applicant has indicated that SPOKES, a bike and watercraft rental business located in St. Bonifacious, will be opening a second location in this space. ZONING The subject parcel is zoned B-3, Central Business District. The applicants are proposing to use the properties as a restaurant facility, a retail space, and a residential space, which are all permitted uses in the B-3 zoning district. LOT REQUIREMENTS The properties are located in the B-3, Central Business District. City Ordinance states “Uses in the B-3 District are exempt from all setback and lot size requirements except consideration shall be given to providing on-site parking.” Further, the maximum structure height allowed in the B-3 zoning district is 45 feet. 140 W. Main Street - The existing building and exterior concrete slab, which will house the external cooler system, are located within the subject parcel boundary, which makes the property conforming except for an existing skyway which connects the existing building to the neighboring property to the east. The previous Site Plan approval indicated removal of the existing skyway which will bring the property into conformance regarding setback requirements in the B-3 zoning district. 144 W. Main Street – The existing building and proposed improvements are located within the subject parcel and are therefore in compliance with the B-3, Central Business District setback requirements. The submitted Site Plan indicates that portions of the main level deck, including the rear stair and the section of decking extending between the two buildings, will be located partially on both properties. The applicants currently own both properties and the zoning district does not have any required side yard setbacks, so the proposed configuration is in conformance with the B-3 zoning district. The proposed 2nd level exterior deck at 144 W. Main Street also meets the B-3 zoning district standards. SCREENING OF EQUIPMENT City Ordinance requires all equipment to be screened from adjacent residential uses by a decorative fence, wall or screen of plant materials at least 6 ft. in height. Further, City Ordinance requires the fence and/or walls to be architecturally compatible with the primary structure. 140 W. Main Street – The previous Site Plan and Design Review approval for 140 W. Main Street required the screening of the to be installed exterior cooler and the screening of the existing rooftop mechanical. As long as both of the afore-mentioned screening elements are installed the property will be in compliance with all screening requirements. 144 W. Main Street – The applicants have not indicated any proposed exterior mechanical equipment on the plans. Any future exterior mechanical equipment will be required to meet the City’s screening standards. OFF-STREET PARKING Section 900.09 of the City Code requires one (1) parking space for every three (3) seats based on design capacity for the proposed restaurant. The same section requires four (4) spaces for each 1,000 square feet of gross floor space for retail sales, less storage space. Further, City Ordinance states “These provisions shall not apply to existing B-3 area uses so long as the general use and purpose for which the property is now used shall be continued.” The previous approval for the property at 140 W. Main Street clearly indicated that the future development of the 96 neighboring properties may allow the opportunity for the development of some shared off-street parking that could meet the City circulation and parking standards. The properties at 140 and 144 W. Main Street are currently under the same ownership, and with proposed improvements on both parcels, the applicants intend to construct a hard surfaced parking lot to meet City Ordinance standards. The exact configuration of said parking lot has not been determined as of the date of this report as the applicants are currently working with the City and the County on a Community Partnership Grant to deal with some of the stormwater issues in the area. When the Community Partnership Grant has been determined the applicant should be required to move forward with an improved rear parking area on the north side of the properties. The conditions of approval should require a parking lot plan be submitted to and approved by City Staff prior to installation. LANDSCAPING Section 900.07 (Landscaping and Fencing) of the City Ordinance requires one (1) tree for every on thousand (1,000) square feet of total building floor area. The applicants have proposed approximately 821 sq. ft. of exterior and semi-enclosed deck areas as part of this project. The proposed improvements result in the requirement to plant one (1) tree. Staff has not required that a landscape plan be submitted with this application as there is only one tree required to be planted. Any recommendation of approval should require the applicant work with City Staff to determine the species and placement of said landscaping. Further, the Planning Commission and staff would recommend allowing the applicant the option of installing stormwater plantings consistent with the Community Partnership Grant instead of the required tree if the grant is awarded. SIGNS The applicants have not submitted any signage with regard to the proposed Site Plan improvements. Future signage shall require the submittal and approval of a sign permit through the City and will require conformance to the City Sign Ordinance and the Downtown District Design Standards. LIGHTING The applicants have proposed gooseneck lighting on the Main Street facades of each building directed onto the business signage. Also, they have proposed wall pack lighting on the rear/north side of the structures with full cutoff. The details of each of the proposed lighting elements should be submitted to staff for review and approval prior to ordering the product for installation to make sure they are consistent with the building architecture and the surrounding properties. VEHICULAR ACCESS Vehicular access to the new hard surface parking lot for the parcels will be via the rear/north 12 ft. alley. LOADING/DELIVERY DOCK The applicant has not specifically addressed this issue. It is the Planning Commission and staff’s recommendation, with the improvement of the rear parking area on the north side of said buildings, that an area for loading and unloading of deliveries trucks be provided. Approval of this application should state a condition requiring all significant deliveries to be made via the north/rear side of the building and not on Main Street. TRASH City Ordinance requires “All trash and trash handling equipment to be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye-level view from public streets and adjacent residential properties.” 140 W. Main Street – The previous Site Plan approval required the applicants to submit a trash enclosure plan to the City staff for review and approval and said plan to be installed by June 1st, 2015. It is staff’s understanding that this plan will be developed to be compatible with the proposed rear parking improvements and stormwater concerns to be addressed by the Community Partnership Grant, if awarded. 144 W. Main Street – The applicant has not proposed a location for exterior trash handling equipment for 97 this property. The applicant has stated that the trash will either be stored indoors or this property will share the future trash enclosure at 140 W. Main Street. Any exterior trash storage or trash handling equipment will be prohibited. GRADING AND DRAINAGE As stated previously in this report the applicants are working with the City and the County on grant funding to address not only the parking concerns on the parcels, but more importantly the stormwater issues. The grading and drainage on the parcels will be resolved with the required off-street parking plan which will be developed in conjunction with said grant. DESIGN REVIEW City Ordinance requires Design Review with the understanding that “the visual character and historic resources of the City are important attributes of its quality of life.” City Ordinance requires Design Review to be conducted as part of the Site Plan Review process. BUILDING CONTEXT AND CHARACTER General Objective: The new development should relate to the original design of surrounding storefront buildings in scale and character. 140 W. Main Street - The applicants have proposed new Smart siding, in place of the originally proposed Hardy board siding, and Boral product for the trim and window surrounds. Neither of the proposed elements change the building design and will they will be consistent with the character of the surrounding storefronts. 144 W. Main Street – The existing building height is approximately 13 ft., as measured from the sidewalk surface to the top of the parapet, and is proposed to be extended to an approximate overall height of 17¼ ft. The applicants are also proposing the same Smart siding and window surround improvements. The proposed improvements would be consistent with the building design and surrounding storefronts. BUILD-TO LINE Objective: To maintain a consistent street edge, in keeping with the traditional downtown character. The applicants are not proposing any changes to the location of either building, both of which are consistent in the fact that they are built along the same front lot line consistent with the rest of downtown. BUILDING HEIGHT Objective: To encourage two and three-story buildings within the downtown district. Taller buildings help to define the street edge and provide a sense of enclosure for pedestrians. 140 W. Main Street – The applicants are not proposing any changes to the height of this structure. 144 W. Main Street – The applicants are proposing to raise the height of the building parapet to screen the proposed rooftop deck. This, if approved, will give the illusion of a taller building. ROOF DESIGN Objective: To encourage a variety of roof lines that respond to the existing built environment. To ensure adequate screening of rooftop equipment. This standard requires flat roofs to be defined with an ornamental cornice or parapet and all rooftop equipment to be screened from view. 140 W. Main Street - The applicants are not proposing any changes to the roof design for the existing building. The applicants are required to screen the existing rooftop mechanical per their earlier approval for this property. 144 W. Main Street – The applicants are planning to shingle the entire building. The existing building has 98 a sloped roof which is currently hidden from view by the existing parapet. The proposal would extend the height of the building parapet to not only screen the sloped roof behind, but the proposed roof-top deck, giving the illusion of an increased building height. The combination of the plans and written statement indicate that the building will have a minimal cornice detail to be constructed of the same Boral material as the window surrounds and staff would assume the same accent color. The applicants are also proposing a seam style tin roof over a section of the proposed main level deck, the color of which has not been indicated on the plan, but the applicants have indicated will be consistent with the Downtown Design Standards color requirements. ARCHITECTURAL DETAILS Objective: To encourage the use and restoration of traditional architectural details. The Architectural Details section of the Downtown District Design Standards encourages the use of architectural details such as cornices, arched windows, decorative brickwork (banding, cornice), transom and display windows, porticos, and awnings over entries. This standard is only encouraged and not required. 140 W. Main Street - The applicants are not proposing any significant changes to the architectural details on this property. 144 W. Main Street – The existing building has what seems to be a simple wood cornice detail, which the applicants propose to recreate on the new façade out of the Boral product they intend to use for the window surrounds. They are also proposing the addition of a cloth awning over the front elevation of the building with the color to be complimentary to the principal color of the building and consistent with the Downtown District color standards. BUILDING MATERIALS Objective: To ensure that high-quality, authentic materials typical of traditional downtown buildings are used within the downtown. This standard requires buildings within the downtown to be constructed of materials including the following: 1) Brick, 2) Natural stone, 3) Wood, consisting of horizontal lap siding with an exposure no greater than 5 inches or wood shakes; surfaces must be painted, 4) Precast concrete units and concrete block, provided the surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three-dimensional character, 5) Stucco, 6) Jumbo brick may be used on up to 25 percent of any faced, provided that it is used only on the lower third of the building wall. 140 W. Main Street - The applicants are proposing Smart siding for the entire building and the window surrounds and trim to be constructed of painted Boral product. 144 W. Main Street – The applicants are proposing siding, surrounds and trim to match the building at 140 W. Main Street. Further, the applicants are proposing a TREX Reveal composite decking on the main level deck and both the staircase accessing the rear parking and the staircase to the upper level deck in a gray color to compliment the proposed building colors. The upper level deck is proposed to be a tongue and groove, low maintenance Azek decking, which is of a higher quality than the TREX and will withstand the elements better, while the tongue and groove design will prevent anything from falling between the cracks of the decking. The proposed railings for the upper level deck and the proposed staircase will be constructed of TREX framing with powder coated steel railing. As stated above the applicants are proposing a standing seam style tin roof to cover a section of the main level deck for the property at the 144 W. Main Street, the color of which has not been indicated with the application submittal. The City Ordinance Downtown District Design Standards strictly prohibits “Prefabricated steel or sheet metal panels”, so the Planning Commission discussed the proposed tin roof at their regular meeting on January 8th, 2015 and determined that the proposed roofing material would be allowed under the “Other Materials” section of the City Code (Section 900.06, Subd. 9.D.12.d). The “Other Materials” section states “The Planning Commission may also approve other materials that the Planning 99 Commission, in its discretion, determines are compatible with any permitted materials if it finds that: 1) the quality and appearance of the proposed materials is consistent with the standard that has been set within the Downtown District; and 2) the use of the these materials will not have a detrimental effect upon adjacent property values or property values within the City.” SIDE AND REAR ELEVATIONS Objective: To ensure continuity of materials and façade treatments on all visible facades. The side and rear elevations standard requires all building facades visible from a public street or sidewalk to employ materials and design features similar to those of the front façade. The applicants are proposing to install consistent elements on both buildings, which is in conformance with this standard. The only proposed element which is different from either existing or proposed elements is the use of a tin roofing material, which the Planning Commission deemed acceptable as an “Other Material” as referenced in the Downtown Design Standards District. BUILDING COLORS Objective: To ensure that building colors are aesthetically pleasing and compatible with surrounding buildings. The Downtown District Design Standards require all building colors to consist of subtle, neutral, or muted colors with low reflectance. Recommended colors include browns, grays, tans, beiges, and dark or muted greens, blues and reds. No more than two principal colors may be used on a façade. Bright, white, or primary colors should be used only as accents, occupying a maximum of 10 percent of building facades. 140 W. Main Street – The applicant is proposing the use of a dark gray color titled “rocky coast” for the new siding/principal color and an accent color in light blue titled “st. lucia skies” for the trim and window surrounds. 144 W. Main Street – The siding and trim color are proposed to be consistent with the colors stated above for 140 W. Main Street. Further, the proposed color for composite decking material will be a lighter shade of gray used for the siding. The applicant has stated that the proposed front awning on the front/south side of the building and seam style tin roof on the rear/north side of the building will be complimentary to the principal dark gray color. Any approval should require the plans to be updated to indicate not only the material, but the proposed color of each design element and an indication showing that the accent color does not exceed the 10% allowed under City Code. The Planning Commission and staff recommend that the applicant be required to submit the front awning and rear seam style tin roof details to staff for review and approval prior to installation to ensure compliance with the Building Colors section of the Downtown Design Standards District. SIGNS The applicants have not submitted any signage with regard to the proposed Site Plan improvements. Future signage shall require the submittal and approval of a sign permit through the City and will require conformance to the City Sign Ordinance and the Downtown District Design Standards. PLACEMENT AND SCREENING OF EQUIPMENT AND LOADING AREAS Objective: Ensure that equipment and loading docks are not visible from public streets or pedestrian ways. 140 W. Main Street - The applicants have already received approval for the exterior cooler to be constructed on the rear/north side of the building. The conditions of approval required a fence to screen the external cooler. 144 W. Main Street – The applicants have not proposed any outdoor equipment for this property and therefore no screening is required. 100 PARKING Objective: Ensure that buildings, rather than parking lots, dominate the appearance of the downtown streetscape. This standard requires off-street parking, when provided, to be located on the side or rear of the primary building and meet the requirements for parking lot screening and landscaping. As discussed previously, parking improvements will be required as part of this application. The exact configuration cannot be determined until such time as the grant funding has been determined. The future parking surface should require the review and approval of City staff to determine compliance with all applicable standards. LIGHTING Objective: To ensure that lighting levels are not excessively bright and that light standards are compatible with overall site design. The Downtown District Design standard requires all lighting to be the minimum necessary for safety and security and to be designed to coordinate with the building architecture and landscaping. Further, the overall lighting levels should be consistent with the character and intensity of the surrounding area and be shielded or directed to ensure the light is not directed onto adjacent properties. The applicants are proposing gooseneck lighting on the front façade of each building and full-cutoff wall pack lighting on the rear/north side of the building, which is in conformance with this section of City Code. The details of which should be submitted to staff for review and approval prior to installation. LIQUOR LICENSE REQUIREMENTS Typically the Staff Report regarding Site Plan and Design Review would not include liquor licensing requirements as they are usually addressed at the time the applicant applies for said license. But, in this case, the applicants are proposing significant outdoor spaces to be used by their new restaurant Jax Taphouse where liquor will be served and consumed outdoors and therefore addressing some of the associated requirements is appropriate to ensure the approved plans are in compliance with Chapter 580 of the City Code which regulates Alcoholic Beverages. The specific requirement directly related to this application which needs the approval of the Council is in the regulation of “Outdoor Areas Adjacent to a Structure.” Specifically, Section 580.04, Subd. 2, C.6. states: “If any portion of the outdoor area lies within 200 feet of a residential district, the outdoor area shall be screened in a manner approved by the City Council so as to prevent viewing of the outdoor area from the residential district and to dampen noise and/or deflect noise away from the residential district.” The Council should consider the proposed main level and upper level deck areas and determine if the areas are appropriately screened from the residential district to the north. This has been included in the Site Plan and Design Review to ensure that the applicant does not need to revise their plans to further screen the main level or upper level deck when they come back to the Council for approval of their liquor license. The remaining liquor license requirements will be addressed when the applicants formally submit for their liquor license. CONCLUSION / RECOMMENDATION The Planning Commission, at their regular meeting on January 8th, 2015, via a 5-0 vote, recommended approval of the Site Plan and Design Review request by Greg and Bria James for Site Plan and Design Review approval for their properties at 140 and 144 W. Main Street. If the City Council chooses to approve the Site Plan and Design Review request, the Planning Commission and staff would recommend the approval upon the following conditions: 1. The proposed improvements shall be completed as approved and as conditionally revised by the Planning 101 Commission and the City Council. 2. All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction. 3. All improvements shall be in compliance with and in addition to the conditions of approval stated in Resolution 2014-225, which provided the initial approval for Jax Taphouse at 140 W. Main Street. 4. The applicants shall submit an off-street parking plan to City Staff for review and approval prior to installation. The hard-surface parking lot shall be installed by November 1st, 2015. 5. The applicant shall work with City Staff to determine the location and species for the required tree to be planted per the City’s Landscaping Standards. Stormwater plantings in place of the required tree shall be an acceptable alternative. If stormwater plantings are proposed the applicants shall submit the proposed planting schedule to City staff for review and approval prior to installation. 6. The rear parking area will be improved to a hard surface and therefore all significant deliveries shall be made to the rear entrances of the properties at 140 and 144 W. Main Street. 7. Details regarding the proposed gooseneck light fixtures and the full cut off wall pack lights for the rear side of the buildings shall be submitted to staff for review and approval prior to installation. 8. The applicant shall update the building plans to indicate the building materials and proposed color for each design element. Further the plans should indicate a table showing the percentage of accent color on each façade to ensure that the 10% maximum in the Downtown Design Standards District is not exceeded. 9. The applicants shall submit the front awning details and the rear seam style tin roof details to staff for review and approval prior to installation to ensure compliance with the Downtown Design Standards color requirements. 10. All indirect costs with the building permit, review, and final plans associated with engineering and administrative costs shall be paid by the applicant/owner. 11. The applicant shall contact the City Planning Department for a final site inspection when all conditions of approval regarding this application have been completed. ATTACHMENTS: Attachment 1: Draft Resolution (2 pages) Attachment 2: Statement of Use (2 pages) Attachment 3: Location Map (1 page) Attachment 4: Property Photographs – Existing Conditions (2 pages) Attachment 5: Site Plan (1 page) Attachment 6: Exterior Deck Plans & Elevations - Sheet A3 (1 page) Attachment 7: Exterior Elevations & Walls Sections – Sheet A4 (1 page) Attachment 8: Paint Samples (1 page) Attachment 9: Resolution 2014-255 – Site Plan Approval for Jax Taphouse (2 pages) FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Budget Information: Planning Commission Budgeted Non Budgeted Amendment Required Parks and Recreation Board Safari Island Advisory Board Other 102 The Commission recommended approval via a vote of 5 to 0 at their January 8th, 2015 meeting CITY OF WACONIA RESOLUTION NO. 2015-38 RESOLUTION APPROVING SITE PLAN AND DESIGN REVIEW FOR GREG AND BRIA JAMES FOR THE PROPERTIES LOCATED AT 140 AND 144 W. MAIN STREET WHEREAS, Greg and Bria James (the “Applicants”) have submitted a Site Plan Review application to the City of Waconia (the “City”) pursuant to Section 900.12 of the Waconia City Code; and WHEREAS, the Applicants have submitted a Design Review application to the City pursuant to Section 900.06 of the Waconia City Code; and WHEREAS, Section 900.06 of the Waconia City Code requires Design Review to be conducted as part of the Site Plan Review process as specified in Section 900.12; and WHEREAS, the subject properties are located at 140 and 144 W. Main Street (the “Properties”) and zoned B-3, Central Business District; and WHEREAS, the Properties are identified as PID# 75.0503720 (140 W. Main Street) and PID# 75.0503730 (144 W. Main Street); and WHEREAS, the Site Plan includes the remodel of the front façade of 144 W. Main Street, a main level, semi-enclosed deck, a second level deck above 144 W. Main Street and rear parking lot improvements; and WHEREAS, the Properties are located within the Design Standards Downtown District and the Design Review includes residing and painting both buildings, a cloth awning over the entry at 144 W. Main street, expansion of the parapet at 144 W. Main Street including a simple cornice detail, a seam style tin roof over a portion of the main level deck, and installation of a powder coated railing system; and WHEREAS, the proposed improvements are consistent with Section 900.12 and Section 900.06 of the Waconia City Code; and WHEREAS, the proposed outdoor spaces are consistent with Section 580.04, Subd. 2, C.6 in that the proposed screening is acceptable to the City Council in preventing viewing of the spaces and appropriate dampening of noise from the neighboring residential properties to the north; and WHEREAS, the Planning Commission reviewed the proposed Site Plan and Design Review applications at their regular meeting on January 8th, 2015 and recommended, via a 5-0 vote, approval of said applications with the following conditions: 1. The proposed improvements shall be completed as approved and as conditionally revised by the Planning Commission and the City Council. 2. All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction. 3. All improvements shall be in compliance with and in addition to the conditions of approval stated in Resolution 2014-225, which provided the initial approval for Jax Taphouse at 140 W. Main Street. 4. The applicants shall submit an off-street parking plan to City Staff for review and approval prior to installation. The hard-surface parking lot shall be installed by November 1st, 2015. 5. The applicant shall work with City Staff to determine the location and species for the required tree to be planted per the City’s Landscaping Standards. Stormwater plantings in place of the required tree shall be an acceptable alternative. If stormwater plantings are proposed the 103 6. 7. 8. 9. 10. 11. applicants shall submit the proposed planting schedule to City staff for review and approval prior to installation. The rear parking area will be improved to a hard surface and therefore all significant deliveries shall be made to the rear entrances of the properties at 140 and 144 W. Main Street. Details regarding the proposed gooseneck light fixtures and the full cut off wall pack lights for the rear side of the buildings shall be submitted to staff for review and approval prior to installation. The applicant shall update the building plans to indicate the building materials and proposed color for each design element. Further, the plans should indicate a table showing the percentage of accent color on each façade to ensure that the 10% maximum in the Downtown Design Standards District is not exceeded. The applicants shall submit the front awning details and the rear seam style tin roof details to staff for review and approval prior to installation to ensure compliance with the Downtown Design Standards color requirements. All indirect costs with the building permit, review, and final plans associated with engineering and administrative costs shall be paid by the applicant/owner. The applicant shall contact the City Planning Department for a final site inspection when all conditions of approval regarding this application have been completed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Waconia hereby approves the Site Plan and Design Review application for Greg and Bria James for the properties located at 140 and 144 W. Main Street subject to the findings and the conditions of approval stated above. Passed and adopted by the City Council of the City of Waconia this 20th day of January, 2015. Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/ S/ Bloudek Carrier Erickson Ayers Sanborn ________ 104 GregandBriaJames 1883SandbarCircle Waconia,MN55387 DOCUMENT:StatementofUse PROPERTY:140and144W.MainStreet,Waconia,MN55387 BUSINESSTYPE/BUIDINGMODIFICATIONS: 140WMainStreet(aka“Terra”):Thecurrentuseoftheproperty,140W.MainStreet,isafull servicerestaurant.Theprojecteduseofthissamepropertyistocontinueasafullservicerestaurant withenhancementstotheinteriorandexteriortocreatea‘Taphouse.’ Previouslyapprovedmodificationsfromcitycounselincluded: Additionofacementslabtotherearofthispropertysurroundedby8‐footfencetomatch newsiding.Thiswillhousetheexternalkegcooler. NewJamesHardysidingofentirebuildinginneutralcolor Newwindowsurroundstoreplicatecurrentstyle,butcolorchangedtolighterordarker versionofneutralbuildingcolor. Removalof“skyway/walkway”betweendiscussedpropertyandFrost&Steamtomeet code. Screeningofdumpsters Screeningofroofequipment Amendmentswewouldliketomaketopreviouslyapprovedmodifications: ExternalsidingtobeaSmartsiding(orsimilar)productincolorsimilarto“RockyCoast” (darkgray).Thischangeissecondarytobuilders’negativeexperiencewithJamesHardy siding. WindowsurroundsandtrimtobeaBoralproductinasimilarcolorto“St.Lucia Skies”(lightblue)insteadofneutral.Wewouldliketohavesomecoloronourbuildingas mostbuildingsonMainStreethavecolorfulcharacteristics(somemorethanothers).See attachedphotos. Additionalmodificationstotheproperty140W.MainStreet: 2additionaldoorstobeaddedtowestwallofbuildingtoenterontoproperty144W.Main Streetproposedoutdoorspace,seebelow.(1doorforpatronsand1doorforemployees) Inbetweenthe2buildingsonthestreetsidewillbetheadditionofarodirongatewithexit onlycapabilities. 144W.MainStreet(aka“Brownbuilding”):Theprevioususeofthispropertywasforretail.Itis currentlyemptyandhasbeenforquitesometime.Theprojecteduseofthispropertywillalsobe retailwithoccupancybySPOKESforretailandrental,aswellastheadditionofasurroundingdeck, upperleveldeck,andcoveredpatiotobeutilizedbyJaxTaphouseL.L.C.Thelowerleveldeckingwill bealowmaintenanceTREXRevealdeckinginalightgraycolorandwillextendapproximately30 feetbehindcurrentbuildingwithawidthof18feet.Itwillwraparoundtotheeastinbetweenthe2 properties.The2doorsaddedtothepropertyon140W.MainStreetwillallowaccessforpatrons andemployees.Asectionofdeckingtowardsthenorthwithadimensionof15’X18’willbea coveredandscreenedinpatiosection.Thewestandnorthsidesofthisdeck/coveredpatiowillbe protectedwith8footwallsinordertominimizesoundandlightfromadjacentresidential properties.Thewallswillbeconstructedwithgreentreatedframing.Theexteriorsideofthewall willbecoveredwithsidingtomatchthebuildingandtheinteriorwallwillbecoveredwithbarn boards.Wealsoplantoincludewindowsonthenorth(3)andwest(2)wallsinordertobringin morelight.Theywillbeinsulatedawningwindows.Thewindowsurroundsontheexteriorwill 105 colormatchtheselectedcoloronbuildingwindows.Theroofstructurewillconsistofgreentreated woodwithrafterframing.Thetopwillbeastandingseamstyletinroofanchoredontothe“Terra” buildingandextendtothewest8‐footwall.Theroofwillhaveaslantwiththehighersidetowards thesouth(street)andlowersidetowardsthenorth(lake).Thisanglewillalsohelpprojectsound towardsthestreetversusthenorthsideresidences.Thewedgegapbetweentheroofandthewest wallwillbescreenedinwithcharcoalcoloredwirescreen.Theentire15X18footsectionwillbe screenedinwiththecharcoalcoloredwirescreeninordertoutilizemoredaysduringtheyear. AlsoonthelowerdeckwillbeasetofstairsconstructedwiththesamelowmaintenanceTREX Revealdecking,whichwillextendtoanupperleveldeckthatwillsitabovethesmallbrown building.Wewillutilizekneewallsontherooftosupportthisdeck.Thetotalupperleveldeck squarefootagewillbe378sq.ftandwouldbeabletoseatapproximately20‐24people.Therailing forthestairsandupperleveldeckwouldbeconstructedofTREXframingwithpowdercoatedsteel railing.TheupperleveldeckingwillconsistofalowmaintenancetongueandgrooveAzek decking.ThereasonwewoulduseadifferenttypeofdeckingontheupperlevelisbecauseAzekis higherqualityandwouldwithstandthedifferentweatherelementsbetter.Thereasonforthetongue andgroovedesignistopreventanythingfromfallingbetweenthecracksofthedeckandontothe roof. Sowhatareweplanningtodowiththesmallbrownbuilding?Weplantoresidethewholebuilding tomatchthe“Terra”buildingutilizingthesamecolorscheme.Smartsidingorsimilarproductin “RockyCoast”(orsimilar)colorwith“St.LuciaSkies”(orsimilar)windowsurroundsandtriminthe Boralproduct.Weplantoaddaverticalrectanglewindowtothewestsidetowardsthesouth (street).Wealsoplantoadd3small3X2ft.windowstotheeastwall(inbetweenbuildings)for displays.Weplantoextendthefrontofthebuildingtothetopofthedeckrailingtomakethe buildingappearlargerandalsohidetherailingfromthestreetview.Itwouldalsogivethepatrons diningsomeprivacyandeliminateanythingfallingthroughtherailingontothesidewalkbelow.The topofthebuildingwillreplicatewhatitcurrentlylookslikewiththeflattopmadeofaBoral product.Wewillalsoaddanawningtothefrontinamatchingblueorgraycolor.Wewillalsobe replacingtheroofwithnewshingles. LIGHTING:Thelightingonthefrontofboth140and144W.MainStreetwillhavegoosenecklighting directedontobusinesssigns.Thelightingontherearofthebuildingwillbewallpacklightingwith fullcut‐off. SIGNAGE:Exactsignagehasnotbeendecidedon,butwillcomplywithcityregulations. PARKING:Thecityhasproposedaddingastormdrainagesystemonthenortheastsideofthe “Terra”lotwhichwillincludelotpavement.Exactamountofpavementbeingproposedisunknown, butwewillhaveparkingspacesmarked.Dependingonamountofpavementprovidedwithgrant, wehopetopavetheremainderoftherearareaofthetwolots.Duetocost,thismaybeastaged projectiftheinitialbudgetdoesnotallowforpavement. GARBAGE:Withtheadditionoftheraingardenandstormdrainagesystem,thiswillrequiremoving ourcurrentgarbagetoanotherlocation.Exactlocationistobedetermined,butwillremainonour propertyandwillbescreenedaspreviouslydiscussed. EMPLOYEES:Theamountofemployeeswilllikelyvaryslightlydependingonthedayoftheweek andtimeofday.Themostemployee’sonagivenshiftweanticipateistobe11,whichwouldinclude managment. 106 140 W. Main Street PID# 75.0503720 144 W. Main Street PID# 75.0503730 107 108 109 LEGEND Traverse PC 110 111 112 113 114 115 REQUEST FOR CITY COUNCIL ACTION January 20th, 2015 Meeting Date: Outlot I – Legacy Village Homeowner’s Association – Dock Storage Item Name: Planning and Zoning Originating Department: Lane Braaten, Community Development Director Presented by: Previous Council Action (if any): Consent Regular Session X Discussion Session Item Type (X only one): RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution 2015-41 Approving the Legacy Village Home Owners Amendment Request to Allow Dock Storage on Outlot I of Legacy Village. Motion to Approve the First Amendment to the Developer’s Agreement for Legacy Village. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The City Council, at their regular meeting on December 1st, 2014, via a 3-2 vote, approved an amendment to the Legacy Village Developer’s Agreement to allow seasonal dock storage on Outlot I. Staff has drafted and provided a final resolution of approval and an amendment document for consideration. In summary the documents state that the City of Waconia agrees it will not enforce its contractual right in the Developer’s Agreement to prohibit dock storage on Outlot I provided the following conditions are met: a. Such storage shall only occur during those times that other area docks are typically removed from Lake Waconia and placed into storage; b. Such storage shall be performed in a manner that does not damage shoreland vegetation; and c. If damage to shoreland vegetation does occur, the Association shall promptly repair the damage at its cost. The Association shall escrow the sum of $2,000 until December 31, 2018 to ensure prompt repair of any damage that occurs to the Shoreland vegetation. Upon action by Council the documents shall be executed by the City and the Legacy Village Home Owners Association and filed against the property. Staff also intends to send written confirmation to the Legacy Village Home Owners Association. ATTACHMENTS: 1. Draft Resolution of Approval (2 pages) 2. First Amendment to the Developer’s Agreement for Legacy Village (3 Pages) FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 116 CITY OF WACONIA RESOLUTION NO. 2015-41 RESOLUTION REGARDING DEVELOPER’S AGREEMENT FOR LEGACY VILLAGE OF WACONIA WHEREAS, the City of Waconia (the “City”) and Legacy Holdings-WA, LLC (the “Developer”), previously entered into a Developer’s Agreement for Legacy Village, City of Waconia, County of Carver, State of Minnesota, dated September 28, 2006, which was recorded in the Office of the County Recorder, Carver County, Minnesota, on September 29, 2006 as Document No. A450808 and which was also filed with the Office of the Registrar of Titles, Carver County, Minnesota, on September 29, 2006 as Document No. T160202 (the “Developer’s Agreement”); and WHEREAS, the Developer’s Agreement relates to real property (the “Legacy Village Plat”) now legally described as: Lots 1-23, Block 1, Lots 1-7, Block 2, Lots 1-5, Block 3, Lots 1-24, Block 4, Lots 1-25, Block 5, Lots 1-7, Block 6, Lots 1-5, Block 7, and Outlots D, H, I, J, K, L, M, N, and O, LEGACY VILLAGE AT WACONIA, according to the plat of record in the office of the Recorder in and for the County of Carver, Minnesota. WHEREAS, Outlot I of the Legacy Village Plat (“Outlot I”) borders Lake Waconia; and WHEREAS, Section 8 of the Developer’s Agreement sets forth various requirements and restrictions applicable to the use of Outlot I; and WHEREAS, Section 8.g. of the Developer’s Agreement specifically prohibits dock storage on Outlot I; and WHEREAS, the Legacy Village Home Owners Association (the “Association”) previously requested the City to amend the restriction found in Section 8.g. of the Developer’s Agreement to allow the storage of docks and related dock equipment on Outlot I; and WHEREAS, on November 6, 2014, the Planning Commission held a public hearing on the Association’s request; and WHEREAS, on December 1, 2014, the Waconia City Council considered the Association’s request, together with the Planning Commission’s recommendation, and took final action; and WHEREAS, the City Council desires to memorialize its action with this resolution; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Waconia, Minnesota, that: 1. The above recitals, including the findings contained therein, are incorporated into these resolutions. 117 2. 2015. The City of Waconia agrees it will not enforce its contractual right in the Developer’s Agreement to prohibit dock storage on Outlot I provided the following conditions are met: a. Such storage shall only occur during those times that other area docks are typically removed from Lake Waconia and placed into storage; b. Such storage shall be performed in a manner that does not damage shoreland vegetation; and c. If damage to shoreland vegetation does occur, the Association shall promptly repair the damage at its cost. The Association shall escrow the sum of $2,000 until December 31, 2018 to ensure prompt repair of any damage that occurs to the Shoreland vegetation. 3. Except as expressly provided in this resolution, the City does not waive or modify any other terms of the Developer’s Agreement, all of which shall remain in full force and effect. 4. If the Association so requests, the Mayor and City Administrator/Clerk are hereby authorized and directed, on behalf of the City, to enter into an amendment to the Developer’s Agreement consistent with the terms of this resolution. Any such amendment shall be approved and executed by the Legacy Village at Waconia Master Association, a Minnesota nonprofit corporation, as successor in interest of Developer. Such amendment shall only be recorded/filed against Outlot I. Passed and adopted by the City Council of the City of Waconia this 20th day of January, Jim Sanborn, Mayor ATTEST: M/ S/ Susan MH Arntz, City Administrator Ayers Bloudek Carrier Erickson Sanborn http://clients.intranet.mhslaw.com/1/13302/development/legacy village/draft documents/resolution approving dock storage on outlot - 01-152015.docx 118 FIRST AMENDMENT TO DEVELOPER’S AGREEMENT FOR LEGACY VILLAGE, CITY OF WACONIA, COUNTY OF CARVER, STATE OF MINNESOTA THIS FIRST AMENDMENT TO DEVELOPER’S AGREEMENT (the “First Amendment”) is dated January ___, 2015 and is between the City of Waconia, a Minnesota municipal corporation (the “City”) and the Legacy Village at Waconia Master Association, a Minnesota noprofit corporation, as successor in interest to Legacy Holdings-WA, LLC, in regard to Outlot I, Legacy Village of Waconia, Carver County, Minnesota (the “Association”). RECITALS WHEREAS, the City and Legacy Holdings-WA, LLC, previously entered into a Developer’s Agreement for Legacy Village, City of Waconia, County of Carver, State of Minnesota, dated September 28, 2006, which was recorded in the Office of the County Recorder, Carver County, Minnesota, on September 29, 2006 as Document No. A450808 and which was also filed with the Office of the Registrar of Titles, Carver County, Minnesota, on September 29, 2006 as Document No. T160202 (the “Developer’s Agreement”); and WHEREAS, the Association owns Outlot I, Legacy Village of Waconia, Carver County, Minnesota (“Outlot I”) and is the successor in interest to Legacy Holdings-WA, LLC, in regard to Outlot I; and WHEREAS, the City and the Association desire to amend the Developer’s Agreement as it relates to Outlot I as described herein. NOW, THEREFORE, the City and Developer agree as follows: TERMS 1. INCORPORATION. The above recitals are incorporated as terms of this First Amendment. 2. AMENDMENT. The City of Waconia agrees it will not enforce its contractual right in Section 8.g. of the Developer’s Agreement to prohibit dock storage on Outlot I provided the following conditions are met: 119 3. a. Such storage shall only occur during those times that other area docks are typically removed from Lake Waconia and placed into storage; b. Such storgage shall be performed in a manner that does not damage shoreland vegetation; c. If damage to shoreland vegetation does occur, the Association shall promptly repair the damage at its cost. The Association shall escrow the sum of $2,000 until December 31, 2018 to ensure prompt repair of any damage that occurs to the Shoreland vegetation. RECORDING. Except as expressly provided in this First Amendment, the City does not waive or modify any other terms of the Developer’s Agreement, all of which shall shall remain in full force and effect. The Association may record/file this First Amendment against Outlot I and, if so recorded, this First Amendment shall run with the property. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF WACONIA LEGACY VILLAGE ASSOCIATION By: Its: Mayor AT WACONIA MASTER By: Its: By: Its: City Administrator/Clerk STATE OF MINNESOTA COUNTY OF CARVER ) ) ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2015, by and , the Mayor and City Administrator/Clerk, respectively, of the City of Waconia, a Minnesota municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public 120 STATE OF MINNESOTA COUNTY OF ) ) ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2015, by _________________________, the _________________ of the Legacy Village at Waconia Master Association, a Minnesota nonprofit corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Melchert Hubert Sjodin, PLLP 121 West Main Street, Suite 200 Waconia, Minnesota 55387 (952) 442-7700 (jmm) http://clients.intranet.mhslaw.com/1/13302/development/legacy village/draft documents/amendment to legacy village development agreement 01-14-2014.docx 121 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Donated Easements for Hwy 5 Project Administration Susan Arntz, City Administrator Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Approve Resolution 2015-42 , Accepting Donated Easements for Highway 5 Project EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) As part of the Highway 5 Project, the City has need to acquire a permanent and temporary easements. We are working with several property owners. Several of the permanent and temporary easements are being provided at no cost to the City. Below is a summary of the properties where easements are needed, attached are the easement documents. • • • • • • • Waconia Associates Muller Properties Waconia Mill IV LLC Lakeview Clinic Building Corporation School District 110 City of Waconia/c/o Ridgeview Medical Center Ridgeview Medical Center We will have separate approval of the easements that require payment or a memorandum of understanding outlining other components the City would complete as part of the acquisition. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: State Aid, PIR Cash, Future Bonding Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 122 CITY OF WACONIA RESOLUTION NO. 2015-42 RESOLUTION APPROVING ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS WHEREAS, the City of Waconia (the “City”), the Minnesota Department of Transportation (“MNDOT”) and Carver County, Minnesota (the “County”) desire to construct road and intersection improvements to certain portions of State Trunk Highway 5 lying within the City limits (the “Highway 5 Improvement Project”); and WHEREAS, in connection with the Highway 5 Improvement Project, the City intends to enter into a cooperative construction agreement with MNDOT and to enter into a joint powers agreement with the County; and WHEREAS, pursuant to such agreements, the City will be responsible for acquiring the permanent and temporary easements needed for the Highway 5 Improvement Project; and WHEREAS, the City Engineer has completed the preliminary engineering required for the Highway 5 Improvement Project and, as part of such work, has determined the permanent and temporary easements required from abutting property owners; and WHEREAS, the City Engineer has determined that a right-of-way easement and/or a temporary construction easement across certain properties is necessary for the Highway 5 Improvement Project (the “Project Easements”); and WHEREAS, the City Council has reviewed the work of the City Engineer and finds: i) the acquisition of the Project Easements is necessary for the Highway 5 Improvement Project; and ii) it is the best interests of the City and its residents to acquire the Project Easements to facilitate the Highway 5 Improvement Project; and WHEREAS, the City Council further finds that, because the Project Easements and the Trail Easement are required to improve public roads within the City or to maintain trails within the City, the acquisitions are for a public purpose under Minnesota Statutes Chapters 117 and 412; and WHEREAS, the City Council further finds that planning and funding priorities require construction of the Highway 5 Improvement Project to start in 2015, if possible; and WHEREAS, the Property Owners have indicated a willingness to convey the Project Easements to the City at no cost to the City for the Project Easements as depicted on the diagrams attached as Exhibit A to this resolution; and WHEREAS, the City Council desires to authorize the City Administrator and City Engineer, on behalf of the City, to acquire the Project Easements on behalf of the City; and WHEREAS, pursuant to Minnesota Statutes §462.356, subd. 2, the City Council finds that the acquisition of the Project Easements and Trail Easement have no relationship to the City’s comprehensive municipal plan and that the City may dispense with the requirements of Minnesota Statutes §462.356, subd. 2, to the extent they apply; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WACONIA, MINNESOTA: 1. The above recitals and findings are incorporated as resolutions of the City Council including, but not limited to, the finding that the City is acquiring the Project Easements for a public purpose. 123 2. The City Administrator and the City Engineer (or their designated representatives) are authorized, on behalf of the City, to negotiate with the Property Owner for the acquisition of the Project Easements. 3. The City Administrator/City Clerk is authorized to execute and deliver, on behalf of the City, the Proposed Easement Documents and any other documents necessary to acquire the Project Easements, provided such easements can be acquired at no cost to the City and further provided that the form of each such document is acceptable to the City Administrator and City Attorney. The Proposed Easement Documents are approved, subject to such revisions as the City Administrator and City Attorney deem desirable. The execution of any document or instrument by the appropriate officer or officers of the City authorized herein shall be conclusive evidence of the approval of such document or instrument in accordance with the terms of this resolution. 4. Notwithstanding anything in Item 3 above, to the contrary, the City Administrator may expend funds on behalf of the City incidental to the acquisition of the Project Easements including, but not limited to, funds used to pay for costs associated with engineering, title examination, preparation of legal descriptions, preparation of documents, and recording fees. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/ S/ Ayers Bloudek Carrier Erickson Sanborn 124 125 OLI VE STR EET MULLER PROPERTIES OF WACONIA ADDRESS NOT ON FILE PID 755030390 TH 5 LEGEND EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING DRAINAGE & UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT PROPOSED TRAIL EASEMENT PROPOSED CONSTRUCTION LIMITS PROPOSED RIGHT OF WAY 0.01 AC (493 SF) PROPOSED TEMPORARY EASEMENT 0.01 AC (478 SF) 0 SCALE 15 30 FEET CITY OF WACONIA TH 5 IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND ©Bolton & Menk, Inc. 2014, All Rights Reserved H:\WACA\C12106251\1_CORRES\D_DOCS\LAND ACQUISITION\MULLER PROPERTIES\106251_MULLER.DWG 09/4/2014 1:12 PM PID 755030390 - MULLER PROP SEPTEMBER , 2014 126 FIG 7 127 CHERRY STREET 0 50 SCALE TH 100 FEET 5 LEGEND EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING DRAINAGE & UTILITY EASEMENT PROPOSED CONSTRUCTION LIMITS PROPOSED TEMPORARY EASEMENT PROPOSED RIGHT OF WAY 0.04 AC (1906 SF) PROPOSED TEMPORARY EASEMENT .02 AC (644 SF) CITY OF WACONIA TH 5 IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND ©Bolton & Menk, Inc. 2014, All Rights Reserved H:\WACA\C12106251\1_CORRES\D_DOCS\LAND ACQUISITION\LAKEVIEW CLINIC BLDG CORP\106251_LAKEVIEW CLINIC.DWG PID 750232230 LAKEVIEW CLINIC BLDG CORP SEPTEMBER , 2014 09/4/2014 1:40 PM 128 FIG 12 OAK AVE SEE INSET BELOW 5 OAK AVE TH 0 H5 T 50 SCALE 100 FEET LEGEND EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING DRAINAGE & UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT PROPOSED CONSTRUCTION LIMITS PROPOSED RIGHT OF WAY 0.02 AC (1,068 SF) PROPOSED TEMPORARY EASEMENT 0.03 AC (1,371 SF) CITY OF WACONIA TH 5 IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND ©Bolton & Menk, Inc. 2014, All Rights Reserved H:\WACA\C12106251\1_CORRES\D_DOCS\LAND ACQUISITION\WACONIA HIGH SCHOOL\106251_WACONIA HS.DWG 01/15/2015 4:45 PM PID 750220200 ISD 110 (WACONIA HIGH SCHOOL) JANUARY , 2014 129 FIG 18 OAK AVE TH 5 SEE INSET BELOW 94TH STREET 94TH STREET 0 50 SCALE 100 FEET LEGEND EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING DRAINAGE & UTILITY EASEMENT PROPOSED CONSTRUCTION LIMITS PROPOSED RIGHT OF WAY 0.06 AC (2,540 SF) PROPOSED TEMPORARY EASEMENT 0.09 AC (3,927 SF) CITY OF WACONIA TH 5 IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND ©Bolton & Menk, Inc. 2014, All Rights Reserved H:\WACA\C12106251\1_CORRES\D_DOCS\LAND ACQUISITION\WACONIA HIGH SCHOOL\106251_WACONIA HS CUL-DE-SAC.DWG PID 750220200 ISD 110 (WACONIA HIGH SCHOOL) JANUARY , 2014 01/15/2015 5:35 PM 130 FIG 19 131 132 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Consideration of Permanent and Temporary Easements for Transportation and Trail Purposes for Hwy 5 Project – Green Meadows Administration Susan Arntz, City Administrator Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Approve Resolution 2015-43 Authorizing Acquisition of Permanent and Temporary Easements for Transportation and Memorandum of Understanding EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) As part of the Highway 5 Project, the City has a need to acquire permanent and temporary easements. In working with the Green Meadow Townhouse Association, they have agreed to convey the easements necessary for the project with some conditions that are: 1. During construction of the trail along TH 5, the City would reconstruct the private trail segment from the easterly property line to the dead end street segment of Oriole Drive. 2. As part of the construction an ADA concrete access would be constructed adjacent to Oriole Drive. 3. The City of Waconia would be responsible for all future maintenance, and upkeep of the trail segment. 4. Signage would be placed detailing the private trail portion of the connection to the main trail system along TH 5. 5. All disturbed areas will be restored with sod/seeding and landscaping if any buffer is removed for construction. A copy of the MOU is attached for consideration. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 133 CITY OF WACONIA RESOLUTION NO. 2015-43 RESOLUTION APPROVING ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS: GREEN MEADOWS TOWNHOUSE ASSOCIATION WHEREAS, the City of Waconia (the “City”), the Minnesota Department of Transportation (“MNDOT”) and Carver County, Minnesota (the “County”) desire to construct road and intersection improvements to certain portions of State Trunk Highway 5 lying within the City limits (the “Highway 5 Improvement Project”); and WHEREAS, in connection with the Highway 5 Improvement Project, the City intends to enter into a cooperative construction agreement with MNDOT and to enter into a joint powers agreement with the County; and WHEREAS, pursuant to such agreements, the City will be responsible for acquiring the permanent and temporary easements needed for the Highway 5 Improvement Project; and WHEREAS, the City Engineer has completed the preliminary engineering required for the Highway 5 Improvement Project and, as part of such work, has determined the permanent and temporary easements required from abutting property owners; and WHEREAS, the City Engineer has determined that a right-of-way easement and/or a temporary construction easement across certain properties is necessary for the Highway 5 Improvement Project (the “Project Easements”); and WHEREAS, the City Council has reviewed the work of the City Engineer and finds: i) the acquisition of the Project Easements is necessary for the Highway 5 Improvement Project; and ii) it is the best interests of the City and its residents to acquire the Project Easements to facilitate the Highway 5 Improvement Project; and WHEREAS, the City Council further finds that, because the Project Easements and the Trail Easement are required to improve public roads within the City or to maintain trails within the City, the acquisitions are for a public purpose under Minnesota Statutes Chapters 117 and 412; and WHEREAS, the City Council further finds that planning and funding priorities require construction of the Highway 5 Improvement Project to start in 2015, if possible; and WHEREAS, the Green Meadow Townhouse Association has indicated a willingness to convey the Project Easements to the City at no cost to the City for the Project Easements as depicted on the diagrams attached as Exhibit A to this resolution, with some conditions; and WHEREAS, the City Council desires to authorize the City Administrator and City Engineer, on behalf of the City, to acquire the Project Easements on behalf of the City; and WHEREAS, pursuant to Minnesota Statutes §462.356, subd. 2, the City Council finds that the acquisition of the Project Easements have no relationship to the City’s comprehensive municipal plan and that the City may dispense with the requirements of Minnesota Statutes §462.356, subd. 2, to the extent they apply; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WACONIA, MINNESOTA: 1. The above recitals and findings are incorporated as resolutions of the City Council including, but not limited to, the finding that the City is acquiring the Project Easements for a public purpose. 134 2. The City Administrator and the City Engineer (or their designated representatives) are authorized, on behalf of the City, to negotiate with the Property Owner for the acquisition of the Project Easements. 3. The City Administrator/City Clerk is authorized to execute and deliver, on behalf of the City, the Proposed Easement Documents and any other documents necessary to acquire the Project Easements, provided such easements can be acquired at no cost to the City and further provided that the form of each such document is acceptable to the City Administrator and City Attorney. The Proposed Easement Documents are approved, subject to such revisions as the City Administrator and City Attorney deem desirable. The execution of any document or instrument by the appropriate officer or officers of the City authorized herein shall be conclusive evidence of the approval of such document or instrument in accordance with the terms of this resolution. 4. Notwithstanding anything in Item 3 above, to the contrary, the City Administrator may expend funds on behalf of the City incidental to the acquisition of the Project Easements including, but not limited to, funds used to pay for costs associated with engineering, title examination, preparation of legal descriptions, preparation of documents, and recording fees. 5. In addition, the City agrees to complete the following: a. During construction of the trail along TH 5 the City would reconstruct the private trail segment from the easterly property line to the dead end street segment of Oriole Drive. b. As part of the construction an ADA concrete access would be constructed adjacent to Oriole Drive. c. The City of Waconia would be responsible for all future maintenance, and upkeep of the trail segment. d. Signage would be place detailing that the trail is “Private” at the connection to the main trail system along TH 5. e. All disturbed areas will be restored with sod/seeding and landscaping if any buffer is removed for construction. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/ S/ Ayers Bloudek Carrier Erickson Sanborn 135 TH 5 Easements Easement Acquisition Memorandum of Understanding Property Owner: Property Description: Date: Green Meadows Townhome Association PID 752890390 December 26, 2014 Easement Acquisition Agreement Framework and Special Provisions: The Green Meadows Townhome Association is agreement with “Option B” as detailed in attachment dated September 2014 as it pertains to the association property. The purpose of this document is to outline the general understandings between the Property Owner and the City of Waconia regarding the acquisition of the required easements. Construction Items and Special Conditions: 1. During construction of the trail along TH 5 the City would reconstruct the private trail segment from the easterly property line to the dead end street segment of Oriole Drive. 2. As part of the construction an ADA concrete access would be constructed adjacent to Oriole Drive. 3. The City of Waconia would be responsible for all future maintenance, and upkeep of the trail segment. 4. Signage would be place detailing that the trail is “Private” at the connection to the main trail system along TH 5. 5. All disturbed areas will be restored with sod/seeding and landscaping if any buffer is removed for construction. Acceptance: The conditions, understandings and methodologies outlined herein are acceptable. Moreover, it is agreed these understandings will form the basis of all the forthcoming actions required regarding property and easement acquisition, construction and compensation. Finally, should it be necessary to modify the conditions, understandings or methodologies contained herein due to circumstances yet unforeseen, such modifications will be completed by mutual agreement of the parties hereto through an agreement instrument of mutually agreed upon form. 136 City of Waconia: _______________________________________ Susan Arntz, City Administrator ______________________________ Date Green Meadows Townhome Association, President _________________________________________ ______________________________ Name, Title Date 137 E RIV ED GL EA OA KA VE NU E TH 5 OR IOL ED RIV E LEGEND EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING DRAINAGE & UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT PROPOSED CONSTRUCTION LIMITS PROPOSED TRAIL EASEMENT 0.14 AC (6,252 SF) PROPOSED TEMPORARY EASEMENT 0.11 AC (4,963 SF) 0 60 SCALE 120 FEET CITY OF WACONIA TH 5 IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND ©Bolton & Menk, Inc. 2014, All Rights Reserved H:\WACA\C12106251\1_CORRES\D_DOCS\LAND ACQUISITION\GREEN MEADOW TOWNHOMES\106251_GREEN MEADOW.DWG PID 752890390 - GREENMEADOW TOWNHOMES ASSN SEPTEMBER , 2014 09/4/2014 11:56 AM 138 FIG 16 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Consideration of Right of Way, Permanent, and Temporary Easements for Hwy 5 Project – T & J Holdings (Waconia Ford) Administration Susan Arntz, City Administrator Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Approve Resolution 2015-44 Authorizing Acquisition of Right of Way, Permanent, and Temporary Easements for T & J Holdings (Waconia Ford) EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) As part of the Highway 5 Project, the City has a need to acquire permanent and temporary easements. T & J Holdings (Waconia Ford), has agreed to convey the easements necessary for the project with some conditions that are: • The City will construct the 10th Street service road and stub connection from Highway 5 at its cost and will not assess costs against the T & J property, in accordance with the final construction plans. Generally, the alignment and plan for the roadway is shown in attachment A, which is subject to change depending on MnDOT approvals. • The City will provide the ability for a direction sign to be placed, in accordance with City Ordinances, along the stub connection from Highway 5 on the T & J property. All costs for the sign and related permits will be at T & J’s cost. • The City will pay $20,000 for acquisition of all temporary easements, right of way, and acquisition of parcel 75.2560080, as shown in the attachment. • T & J will provide a warranty deed for the parcel that currently houses the billboard. The property identification number for this lot is 75.2560080. • T & J will inform Lessee that the Lease to the property that houses the billboard will be transferred. The City will prepare an Assignment of Lease for said transfer. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: State Aid Funds, PIR Cash, Future Bonding Proceeds Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 139 CITY OF WACONIA RESOLUTION NO. 2015-44 RESOLUTION APPROVING ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS: T & J HOLDINGS WHEREAS, the City of Waconia (the “City”), the Minnesota Department of Transportation (“MNDOT”) and Carver County, Minnesota (the “County”) desire to construct road and intersection improvements to certain portions of State Trunk Highway 5 lying within the City limits (the “Highway 5 Improvement Project”); and WHEREAS, in connection with the Highway 5 Improvement Project, the City intends to enter into a cooperative construction agreement with MNDOT and to enter into a joint powers agreement with the County; and WHEREAS, pursuant to such agreements, the City will be responsible for acquiring the permanent and temporary easements needed for the Highway 5 Improvement Project; and WHEREAS, the City Engineer has completed the preliminary engineering required for the Highway 5 Improvement Project and, as part of such work, has determined the permanent and temporary easements required from abutting property owners; and WHEREAS, the City Engineer has determined that a right-of-way easement and/or a temporary construction easement across certain properties is necessary for the Highway 5 Improvement Project (the “Project Easements”); and WHEREAS, the City Council has reviewed the work of the City Engineer and finds: i) the acquisition of the Project Easements is necessary for the Highway 5 Improvement Project; and ii) it is the best interests of the City and its residents to acquire the Project Easements to facilitate the Highway 5 Improvement Project; and WHEREAS, the City Council further finds that, because the Project Easements and the Trail Easement are required to improve public roads within the City or to maintain trails within the City, the acquisitions are for a public purpose under Minnesota Statutes Chapters 117 and 412; and WHEREAS, the City Council further finds that planning and funding priorities require construction of the Highway 5 Improvement Project to start in 2015, if possible; and WHEREAS, the T & J Holdings has indicated a willingness to convey the Project Easements to the City for the Project Easements as depicted on the diagrams attached as Exhibit A to this resolution, with some conditions; and WHEREAS, the City Council desires to authorize the City Administrator and City Engineer, on behalf of the City, to acquire the Project Easements on behalf of the City; and WHEREAS, pursuant to Minnesota Statutes §462.356, subd. 2, the City Council finds that the acquisition of the Project Easements have no relationship to the City’s comprehensive municipal plan and that the City may dispense with the requirements of Minnesota Statutes §462.356, subd. 2, to the extent they apply; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WACONIA, MINNESOTA: 1. The above recitals and findings are incorporated as resolutions of the City Council including, but not limited to, the finding that the City is acquiring the Project Easements for a public purpose. 140 2. The City Administrator and the City Engineer (or their designated representatives) are authorized, on behalf of the City, to negotiate with the Property Owner for the acquisition of the Project Easements. 3. The City Administrator/City Clerk is authorized to execute and deliver, on behalf of the City, the Proposed Easement Documents and any other documents necessary to acquire the Project Easements, provided such easements can be acquired consistent with conditions state in this resolution and further provided that the form of each such document is acceptable to the City Administrator and City Attorney. The Proposed Easement Documents are approved, subject to such revisions as the City Administrator and City Attorney deem desirable. The execution of any document or instrument by the appropriate officer or officers of the City authorized herein shall be conclusive evidence of the approval of such document or instrument in accordance with the terms of this resolution. 4. Notwithstanding anything in Item 3 above, to the contrary, the City Administrator may expend funds on behalf of the City incidental to the acquisition of the Project Easements including, but not limited to, funds used to pay for costs associated with engineering, title examination, preparation of legal descriptions, preparation of documents, and recording fees. 5. In addition, the City agrees to complete the following: a. The City will construct the 10th Street service road and stub connection from Highway 5 at its cost and will not assess costs against the T & J property, in accordance with the final construction plans. Generally, the alignment and plan for the roadway is shown in attachment A, which is subject to change depending on MnDOT approvals. b. The City will provide the ability for a direction sign to be placed, in accordance with City Ordinances, along the stub connection from Highway 5 on the T & J property. All costs for the sign and related permits will be at T & J’s cost. c. The City will pay $20,000 for acquisition of all temporary easements, right of way, and acquisition of parcel 75.2560080, as shown in the attachment. d. T & J will provide a warranty deed for the parcel that currently houses the billboard. The property identification number for this lot is 75.2560080. e. T & J will inform Lessee that the Lease to the property that houses the billboard will be transferred. The City will prepare an Assignment of Lease for said transfer. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/ S/ Ayers Bloudek Carrier Erickson Sanborn 141 LEGEND EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING DRAINAGE & UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT PROPOSED CONSTRUCTION LIMITS PERMANENT EASEMENT 0.08 AC (3,443 SF) PERMANENT ACQUISITION 0.13 AC (5,425 SF) PROPOSED TEMPORARY EASEMENT 0.56 AC (24,588 SF) T & J HOLDINGS LLC ADDRESS NOT ON FILE PID 752560062 T & J HOLDINGS LLC ADDRESS NOT ON FILE PID 752560080 0 SCALE ©Bolton & Menk, Inc. 2014, All Rights Reserved H:\WACA\C12106251\1_CORRES\D_DOCS\LAND ACQUISITION\WACONIA FORD\106251_WACONIA FORD.DWG 25 CITY OF WACONIA 50 MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND FEET 10/15/2014 2:53 PM 142 TH 5 IMPROVEMENTS PID 752560080 & PID 752560062 TC HOLDINGS OCTOBER , 2014 FIG 6 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Consideration of Permanent and Temporary Easements for Transportation and Trail Purposes for Hwy 5 Project – Waconia Mini Storage LLC Administration Susan Arntz, City Administrator Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Approve Resolution 2015-46 Authorizing Acquisition of Permanent and Temporary Easements for Transportation and Memorandum of Understanding for Waconia Mini Storage LLC EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) As part of the Highway 5 Project, the City has a need to acquire permanent and temporary easements. Waconia Mini Storage LLC, they have agreed to convey the easements necessary for the project with some conditions that are: 1. Two 36’ concrete apron entrances with access from 10th Street. One to be installed as part of the improvement project with site determination to occur as project proceeds, and a second 36’ concrete entrance to be installed for 10th Street as development occurs of said property. 2. One 25’ concrete apron entrance installed with access from unnamed street connecting 10th Street and State Trunk Highway Five at or near rear property line of said property. 3. Install one 6” water service stub for what is considered east half of property at 10560 10th Street West. 4. Install one 6” sanitary service stub for what is considered west half of property at 10560 10th Street West. 5. As described parcel is developed all storm ponding will be accounted for with construction of City storm pond improvements associated with construction of 10th Street West. 6. Future development of said lot, or lots will require storm water infiltration. Determinations will be established through standard construction design review either through the City or its designee. The developer of said lot, or lots will assume costs for installation and maintenance of infiltration when developed. 7. No assessments will be attributed for the purposes of the 2015 Infrastructure Improvements for 10th Street West, or connecting street and associated utility improvements. 8. Temporary easement or right of entry to place clean compressed fill on to meet future 10th Street elevation. 9. Improvements will include proper drainage, 6” of top soil borrow, and seeding. 10. Property owners will assume no charges for placement of fill material, top soil borrow, and seeding. 11. Final grading and drainage to be inspected by property owner and city prior to placement of top soil borrow. 12. Street lighting will be installed as early as 2016 or upon final close-out of project at no cost to property owners. 13. Property owners will receive a cash value settlement of $17,763.75 for road right of way area totaling 3,777 Square Feet for city use to construct unnamed roadway connecting 10th Street West and State Trunk Highway Five. A copy of the MOU is attached for consideration. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: State Aid Funds, PIR Cash, Future Bonding Proceeds Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 143 CITY OF WACONIA RESOLUTION NO. 2015-46 RESOLUTION APPROVING ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS: WACONIA MINI STORAGE LLC WHEREAS, the City of Waconia (the “City”), the Minnesota Department of Transportation (“MNDOT”) and Carver County, Minnesota (the “County”) desire to construct road and intersection improvements to certain portions of State Trunk Highway 5 lying within the City limits (the “Highway 5 Improvement Project”); and WHEREAS, in connection with the Highway 5 Improvement Project, the City intends to enter into a cooperative construction agreement with MNDOT and to enter into a joint powers agreement with the County; and WHEREAS, pursuant to such agreements, the City will be responsible for acquiring the permanent and temporary easements needed for the Highway 5 Improvement Project; and WHEREAS, the City Engineer has completed the preliminary engineering required for the Highway 5 Improvement Project and, as part of such work, has determined the permanent and temporary easements required from abutting property owners; and WHEREAS, the City Engineer has determined that a right-of-way easement and/or a temporary construction easement across certain properties is necessary for the Highway 5 Improvement Project (the “Project Easements”); and WHEREAS, the City Council has reviewed the work of the City Engineer and finds: i) the acquisition of the Project Easements is necessary for the Highway 5 Improvement Project; and ii) it is the best interests of the City and its residents to acquire the Project Easements to facilitate the Highway 5 Improvement Project; and WHEREAS, the City Council further finds that, because the Project Easements and the Trail Easement are required to improve public roads within the City or to maintain trails within the City, the acquisitions are for a public purpose under Minnesota Statutes Chapters 117 and 412; and WHEREAS, the City Council further finds that planning and funding priorities require construction of the Highway 5 Improvement Project to start in 2015, if possible; and WHEREAS, the Waconia Mini Storage LLC has indicated a willingness to convey the Project Easements to the City for the Project Easements as depicted on the diagrams attached as Exhibit A to this resolution, with some conditions; and WHEREAS, the City Council desires to authorize the City Administrator and City Engineer, on behalf of the City, to acquire the Project Easements on behalf of the City; and WHEREAS, pursuant to Minnesota Statutes §462.356, subd. 2, the City Council finds that the acquisition of the Project Easements have no relationship to the City’s comprehensive municipal plan and that the City may dispense with the requirements of Minnesota Statutes §462.356, subd. 2, to the extent they apply; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WACONIA, MINNESOTA: 1. The above recitals and findings are incorporated as resolutions of the City Council including, but not limited to, the finding that the City is acquiring the Project Easements for a public purpose. 144 2. The City Administrator and the City Engineer (or their designated representatives) are authorized, on behalf of the City, to negotiate with the Property Owner for the acquisition of the Project Easements. 3. The City Administrator/City Clerk is authorized to execute and deliver, on behalf of the City, the Proposed Easement Documents and any other documents necessary to acquire the Project Easements, provided such easements can be acquired consistent with conditions state in this resolution and further provided that the form of each such document is acceptable to the City Administrator and City Attorney. The Proposed Easement Documents are approved, subject to such revisions as the City Administrator and City Attorney deem desirable. The execution of any document or instrument by the appropriate officer or officers of the City authorized herein shall be conclusive evidence of the approval of such document or instrument in accordance with the terms of this resolution. 4. Notwithstanding anything in Item 3 above, to the contrary, the City Administrator may expend funds on behalf of the City incidental to the acquisition of the Project Easements including, but not limited to, funds used to pay for costs associated with engineering, title examination, preparation of legal descriptions, preparation of documents, and recording fees. 5. In addition, the City agrees to complete the following: a. Two 36’ concrete apron entrances with access from 10th Street. One to be installed as part of the improvement project with site determination to occur as project proceeds, and a second 36’ concrete entrance to be installed for 10th Street as development occurs of said property. b. One 25’ concrete apron entrance installed with access from unnamed street connecting 10th Street and State Trunk Highway Five at or near rear property line of said property. c. Install one 6” water service stub for what is considered east half of property at 10560 10th Street West. d. Install one 6” sanitary service stub for what is considered west half of property at 10560 10th Street West. e. As described parcel is developed all storm ponding will be accounted for with construction of City storm pond improvements associated with construction of 10th Street West. f. Future development of said lot, or lots will require storm water infiltration. Determinations will be established through standard construction design review either through the City or its designee. The developer of said lot, or lots will assume costs for installation and maintenance of infiltration when developed. g. No assessments will be attributed for the purposes of the 2015 Infrastructure Improvements for 10th Street West, or connecting street and associated utility improvements. h. Property owners will allow temporary easement, or right of entry to place clean compressed fill on 10560 10th Street West to meet future 10th Street elevation. i. Improvements will include proper drainage, 6” of top soil borrow, and seeding. j. Property owners will assume no charges for placement of fill material, top soil borrow, and seeding. k. Final grading and drainage to be inspected by property owner and city representative prior to placement of top soil borrow. l. Said lot located at 10560 10th Street West will remain outside of City Limits. m. Street lighting will be placed, and installed as early as calendar year 2016, or upon final close-out of said improvements at no cost to property owners. 145 n. Property owners will receive a cash value settlement of $17,763.75 for road right of way area totaling 3,777 Square Feet for city use to construct unnamed roadway connecting 10th Street West and State Trunk Highway Five. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/ S/ Ayers Bloudek Carrier Erickson Sanborn 146 TH 5 Easements Easement Acquisition Memorandum of Understanding Property Owner: Property Description: Date: Paul and Tricia Fischer PID 752560060; 10560 10th Street West January 8, 2015 Easement Acquisition Agreement Framework and Special Provisions: Paul and Tricia Fischer are in agreement with improvements as detailed within this attachment dated January 8, 2015 as it pertains to the association property located at 10560 10th Street West Waconia, Minnesota 55387. The purpose of this document is to outline the general understandings between the Property Owner and the City of Waconia regarding the acquisition of the required easements and property for roadway construction. Construction Items and Special Conditions: 1. Two 36’ concrete apron entrances with access from 10th Street. One to be installed as part of the improvement project with site determination to occur as project proceeds, and a second 36’ concrete entrance to be installed for 10th Street as development occurs of said property. 2. One 25’ concrete apron entrance installed with access from unnamed street connecting 10th Street and State Trunk Highway Five at or near rear property line of said property. 3. Install one 6” water service stub for what is considered east half of property at 10560 10th Street West. 4. Install one 6” sanitary service stub for what is considered west half of property at 10560 10th Street West. 5. As described parcel is developed all storm ponding will be accounted for with construction of City storm pond improvements associated with construction of 10th Street West. 6. Future development of said lot, or lots will require storm water infiltration. Determinations will be established through standard construction design review either through the City or its designee. The developer of said lot, or lots will assume costs for installation and maintenance of infiltration when developed. 7. No assessments will be attributed for the purposes of the 2015 Infrastructure Improvements for 10th Street West, or connecting street and associated utility improvements. 8. Property owners will allow temporary easement, or right of entry to place clean compressed fill on 10560 10th Street West to meet future 10th Street elevation. 9. Improvements will include proper drainage, 6” of top soil borrow, and seeding. 10. Property owners will assume no charges for placement of fill material, top soil borrow, and seeding. 11. Final grading and drainage to be inspected by property owner and city representative prior to placement of top soil borrow. 12. Said lot located at 10560 10th Street West will remain outside of City Limits. 147 13. Street lighting will be placed, and installed as early as calendar year 2016, or upon final close-out of said improvements at no cost to property owners. 14. Property owners will receive a cash value settlement of $17,763.75 for road right of way area totaling 3,777 Square Feet for city use to construct unnamed roadway connecting 10th Street West and State Trunk Highway Five. Acceptance: The conditions, understandings and methodologies outlined herein are acceptable. Moreover, it is agreed these understandings will form the basis of all the forthcoming actions required regarding property and easement acquisition, construction and compensation. Finally, should it be necessary to modify the conditions, understandings or methodologies contained herein due to circumstances yet unforeseen, such modifications will be completed by mutual agreement of the parties hereto through an agreement instrument of mutually agreed upon form. City of Waconia: _______________________________________ Susan Arntz, City Administrator ______________________________ Date Property Owner One; Waconia Mini Storage, LLC _______________________________________ Name, Paul Fischer, Owner One ____________________________ Date Property Owner, Two; Waconia Mini Storage, LLC _______________________________________ Name, Tricia Fischer, Owner Two 148 ____________________________ Date LEGEND EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING DRAINAGE & UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT PROPOSED CONSTRUCTION LIMITS PROPOSED RIGHT OF WAY 0.09 AC (3,781 SF) PROPOSED TEMPORARY EASEMENT 1.18 AC (51,268 SF) WACONIA MINI STORAGE LLC 10560 TENTH ST W PID 752560060 10 TH 0 SCALE 25 STR EET CITY OF WACONIA 50 MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND FEET ©Bolton & Menk, Inc. 2014, All Rights Reserved H:\WACA\C12106251\1_CORRES\D_DOCS\LAND ACQUISITION\WACONIA MINI STORAGE\106251_MINI STORAGE.DWG 11/5/2014 10:33 AM 149 TH 5 IMPROVEMENTS PID 752560060 - WACONIA MINI STORAGE LLC NOVEMBER , 2014 FIG 13 REQUEST FOR CITY COUNCIL ACTION Meeting Date: Item Name: Originating Department: Presented by: Previous Council Action (if any): Consent Item Type (X only one): January 20, 2015 Joint Powers Agreement for Transportation Planning related to Waconia School District Projects Administration Susan Arntz, City Administrator Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Approve Resolution 2015-45 , Accepting Joint Powers Agreement for Transportation Planning related to Waconia School District Projects EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) As part of the school districts projects planned as a result of the referendum, the City, County, and School have a desire to undertake a planning study to evaluate the future alignment of CSAH 10 west of the City of Waconia and across land to be utilized for growth by ISD 110. The study will evaluate how this future alignment will interact with the expansion of ISD 110, how the alignment will need to connect to Minnesota Trunk Highway 5, and how the alignment will interact with the City of Waconia roadway system in the area. In addition, a review of the proposed elementary school site will be completed with its effects on Airport Road and County Road 59. It is anticipated that the City’s share of this project will be between $10,000 and $15,000. Funds are available for this study in the PIR fund. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: PIR Cash Budget Information: Budgeted Non Budgeted Amendment Required Planning Commission Parks and Recreation Board Safari Island Advisory Board Other 150 CITY OF WACONIA RESOLUTION NO. 2015-45 APPROVING JOINT POWERS AGREEMENT FOR A PLANNING STUDY FOR COUNTY STATE AID HIGHWAY/COUNTY HIGHWAY 10/AIRPORT ROAD WHEREAS, ISD 110 recently received approval through a referendum to remodel, construct, and add onto various school buildings and related improvements; and WHEREAS, the City, County, and ISD 110 desire to evaluate future alignments of roads and impacts on current roads to develop a comprehensive transportation plan for the school campus; and WHEREAS, some of the proposed improvements affect future road alignments; and WHEREAS, the parties desire to undertake a planning study to evaluate the future alignment of CSAH 10 west of the City of Waconia and across land to be utilized for growth by ISD 110. The study will evaluate how this future alignment will interact with the expansion of ISD 110, how the alignment will need to connect to Minnesota Trunk Highway 5, and how the alignment will interact with the City of Waconia roadway system in the area; and WHEREAS, the parties desire to undertake a planning study to evaluation the impacts to Airport Road and County Road 59 with the construction of the new elementary school on the east side of the community; and WHEREAS, the authority of the parties to enter into this Agreement is provided by Minnesota Statutes, Section 471.59. NOW, THEREFORE, BE IT RESOLOVED, that the City Council of the City of Waconia authorize execution and participation in the study, by Joint Powers Agreement, and authorize the City Administrator to execute said document in a form approved by the City Administrator and City Attorney. Adopted by the City Council of the City of Waconia this 20th day of January, 2015. Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administrator M/_____________ S/______________ Ayers Bloudek Carrier Erickson Sanborn _____________ _____________ _____________ _____________ _____________ 151 JOINT POWERS AGREEMENT FOR A PLANNING STUDY FOR COUNTY STATE AID HIGHWAY/COUNTY HIGHWAY 10 THIS AGREEMENT FOR A PLANNING STUDY FOR COUNTY STATE AID HIGHWAY/COUNTY HIGHWAY 10, ("Agreement") is made and entered into as of the ______day of ___________, 20___, by and between the City of Waconia (“City”), Independent School District 110 (“ISD 110”), and the County of Carver ("County") (each sometimes hereinafter called "party" and both sometimes collectively "parties") the parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, each of the parties has the authority to plan for, construct, maintain, repair, and improve public streets within their respective jurisdictions; and WHEREAS, County State Aid Highway/County Highway 10 (CSAH/CH 10) is a duly dedicated public street. The Carver County comprehensive transportation plan recommends a realignment of CSAH 10 west of ISD 110 facilities and in the vicinity of planned facilities or land that may be utilized by ISD 110; and WHEREAS, ISD 110 has recently been authorized by voter approved levy to issue debt for expansion of the school facilities including building construction, new recreational facilities, and other growth related improvements to the school campus. Many plans include growth and facility construction west of the current high school and middle school campus with these plans interacting directly with the future alignment of CSAH 10 through this area; and WHEREAS, the parties desire to undertake a planning study to evaluate the future alignment of CSAH 10 west of the City of Waconia and across land to be utilized for growth by ISD 110. The study will evaluate how this future alignment will interact with the expansion of ISD 110, how the alignment will need to connect to Minnesota Trunk Highway 5, and how the alignment will interact with the City of Waconia roadway system in the area; and WHEREAS, the authority of the parties to enter into this Agreement is provided by Minnesota Statutes, Section 471.59. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01. Purposes. The purpose of this Agreement is to define the rights and obligations of the County, ISD 110, and City with respect to the Project and the sharing of the costs of the Project. 152 Section 1.02. Cooperation. The County, ISD 110, and City shall cooperate and use their best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner. The Study will involve representatives of all parties during the entire study process and will include input and cooperative planning from all parties. Section 1.03. Relationship To Other Contracts. The County, ISD 110, and City acknowledge that Contract Documents will be entered into by the County on behalf of the parties with respect to the Project, and that Change Orders or other documents may be entered into by the County on behalf of the parties, with respect to the Project. This Agreement shall be construed so as to give the fullest effect to its provisions, consistent with the provisions of the other contracts and documents referred to above. Section 1.04. Term. The term of this Agreement shall be for a period commencing on the date hereof and terminating on the date the Project is completed, accepted by the parties and all amounts owed by one party to the other have been paid in full. Section 1.05. Recitals. The above recitals are true and correct as of the date hereof and constitute a part of this Agreement. Section 1.06 Enabling Authority. Minnesota Statutes, Section 471.59, authorizes two or more governmental units to jointly exercise any power common to the contracting parties. ARTICLE II DEFINITIONS Section 2.01. Definitions. In this Agreement the following terms shall have the following meanings unless the context requires otherwise: (a) Agreement: this Agreement, as it may be amended, supplemented, or restated from time to time. (b) Change Order: a written order or supplemental agreement to the Contractor approved by both parties hereto and signed by the County Representative on behalf of the parties authorizing a change in the work included within the Contract Documents and/or an adjustment in the price and/or an adjustment in the construction schedule, issued after execution of the contract for the construction of the Project. (c) Contract Documents: drawings; specifications; general and special conditions; addenda, if any; Change Orders; and the construction contract for the Project; approved by the parties, or their respective representatives. (d) Contractor: the person or entity that is awarded the contract for the construction of the Project. 153 (e) City: the City of Waconia. (f) City Representative: Susan Arntz, City Administrator / Clerk. (g) County: Carver County. (h) County Representative: Lyndon Robjent, P.E., Carver County Engineer. (i) ISD 110: Independent School District 110 (j) ISD 110 Representative: (k) Planning Study: An engineering evaluation to identify needs and solutions for transportation and land use changes to an area. The study process includes correspondence, agency input, identification of needs and alternatives for solutions, and the findings summarized by report or other documents. (l) Project: Roadway construction, signal construction, grading, aggregate base, medians, curb & gutter, sidewalk, storm sewer, and other incidentals. (j) Project Costs: all costs for and associated with the construction of the Project, excluding Concept and Design Phase Professional Services Costs, Construction Phase Professional Services Costs, and City/County Costs. (k) Concept and Design Phase Professional Services Costs: the fees and costs for all professional services performed in Concept and Design Phase Activities for the Project. (l) Construction Phase Professional Services Costs: the fees and costs for all professional services performed in Construction Phase Activities for the Project. (m) City/County/School District Costs: the direct and indirect costs of City, County, School District employees performing services on behalf of the Project, and other incidentals. (n) Street Location: CSAH/CH 10, as generally depicted in Exhibit A. (o) Uncontrollable Circumstances: the occurrence or non-occurrence of acts or events beyond the reasonable control of the party relying thereon, and not the result of willful or negligent action or inaction of the party claiming the event as an Uncontrollable Circumstance, that materially adversely affects the performance of the party claiming the event as an Uncontrollable Circumstance including but not limited to the following: (1) Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lighting and earthquakes (but not including reasonably 154 anticipated weather conditions for the geographic area), riots insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failure, and fires or explosions. (2) The adoption of or change in any federal, state, or local laws, rules, regulations, ordinances, permits, or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits, or licenses by a court or public agency having appropriate jurisdiction after the date of the execution of this Agreement. (3) A suspension, termination, interruption, denial, or failure of renewal of any permit, license, consent, authorization, or approval essential to the construction of the Project. (4) Orders and/or judgment of any federal, state, or local court, administrative agency, or governmental body, provided, however, that the contesting in good faith by such party of any such order and/or judgment shall not constitute or be construed to constitute a willful or negligent action or inaction of such party. (5) Strikes or other such labor disputes shall not be considered an Uncontrollable Circumstance, unless such strike or labor dispute involves persons with whom the parties have no employment relationship and the parties, or either of them, cannot, using best efforts, obtain substitute performance. ARTICLE III ALLOCATION OF DUTIES Section 3.01. Planning Study Activities. Planning study activities, including, but not limited to, traffic analysis, survey, meetings, identification of needs, options analysis, and report generation, shall be completed by the parties as follows: The study process will be led by the City of Waconia in partnership with Carver County and ISD 110. 155 ARTICLE IV PROJECT COST SHARING Section 4.01. Allocation. (a) The Project Costs for all items shall be divided between the City, County, and ISD 110 as follows: The costs for the study will be split in accordance with the following schedule: Carver County: Responsible agency for planning and oversight of County State Aid Highway 10. Carver County will pay 45% of the study cost. ISD 110: Responsible agency for planning and expansion of ISD 110 facilities including permitted access to State, County and City roadway facilities. ISD will pay 45% of the study cost. City of Waconia: Responsible agency for local City roadways, growth within City limits, and City land use planning. City of Waconia will pay 10% of the study cost. Section 4.02. Payment to City. The County and ISD 110 agrees to reimburse the City for costs incurred, pursuant to Section 4.01. The County and ISD 110 is responsible to pay these monies to the City within thirty (30) days of being invoiced for costs incurred or services performed. Costs will be invoiced no more than monthly and upon final acceptance of the study, unless an alternate schedule is mutually agreed upon in writing by the authorized representatives of the parties. ARTICLE V GENERAL PROVISIONS Section 5.01. Notices. All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to City and County, certified mail, returnreceipt requested, at the following address: City: Susan Arntz City Administrator / Clerk City of Waconia 201 South Vine Street Waconia, MN 55387 156 County: Lyndon Robjent, PE County Engineer Carver County Public Works 11360 Hwy 212 West, Suite 1 Cologne, MN 55322 ISD 110: Pat Devine Superintendent Independent School District 110 512 Industrial Boulevard Waconia, MN 55387 Either party may change its address or authorized representative by written notice delivered to the other party pursuant to this Section 5.01. Section 5.02. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. Section 5.03. Survival of Terms, Representations and Warranties. The representations, warranties, covenants, and agreements of the parties under this Agreement, and the remedies of either party for the breach of such representations, warranties, covenants, and agreements by the other party shall survive the execution and termination of this Agreement. The terms of Sections 3.06, 5.14, 5.15, 5.16 and 5.17 shall survive the expiration, termination or withdrawal from this Agreement. Section 5.04. Non-Assignability. Neither the City nor the County shall assign any interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Section 5.05. Alteration. It is understood and agreed that the entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and duly signed by all parties. Section 5.06. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. 157 Section 5.07. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. Section 5.08. Interpretation According to Minnesota Law. The Laws of the State of Minnesota shall apply to this Agreement. Section 5.9. Final Payment. Before final payment is made to the Contractor, the Contractor shall provide a certificate of compliance from the Commissioner of Revenue certifying that the Contractor and any out-of-state subcontractors have complied with the provisions of Minnesota Statutes, Section 290.92. Section 5.10. Headings. The headings to the various sections of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed, to modify, define, limit, or expand the intent of the parties as expressed in this Agreement. Section 5.11. Further Actions. The parties agree to execute such further documents and take such further actions as may reasonably be required or expedient to carry out the provisions and intentions of this Agreement, or any agreement or document relating hereto or entered into in connection herewith. Section 5.12. Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. Section 5.13. Employees. It is further agreed that any and all full-time employees of County and all other employees of said County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of County only and not of City and that any and all claims that may or might arise under Workman’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of County. It is further agreed that any and all full-time employees of City and all other employees of said City engaged in the performance of any work or services required or provided for herein to be performed by City shall be considered employees of City only and not of County and that any and all claims that may or might arise under Workman’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees which so engaged on any of the work or services to be rendered herein shall be the sole obligation and responsibility of City. 158 It is further agreed that any and all full-time employees of ISD 110 and all other employees of said ISD 110 engaged in the performance of any work or services required or provided for herein to be performed by ISD 110 shall be considered employees of ISD 110 only and not of County or City and that any and all claims that may or might arise under Workman’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said ISD 110 employees which so engaged on any of the work or services to be rendered herein shall be the sole obligation and responsibility of ISD 110. Section 5.14. Indemnification. The Parties’ total liability under this Agreement shall be governed by Minn. Statutes, Section 471.59, Subd. 1a. Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and shall not be responsible for the acts/omissions of the other Party and the results thereof. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Statutes, Section 466.04, Subd. 1. Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suffer or incur as the result of demands, claims, judgments, or cost arising out of or caused by the indemnifying Party’s negligence in the performance of its respective obligations under this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. la(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Section 5.15. Records – Availability and Access A. Pursuant to Minnesota Statutes, Section 16C.05, Subd. 5, the City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement. 159 City agrees to maintain these records for a period of six years from the date of termination of this Agreement. B. Pursuant to Minnesota Statutes, Section 16C.05, Subd. 5, the County agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the County and involve transactions relating to this Agreement. County agrees to maintain these records for a period of six years from the date of termination of this Agreement. Section 5.16. Data Practices. Each Party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Section 5.17. Nondiscrimination. During the performance of this Agreement, the County, ISD 110, and City agree to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. Section 5.18. Default and Withdrawal. Default in this Agreement may occur when a Party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement. Unless the Party’s default is excused by the non-defaulting Party, the non-defaulting party may, upon written notice to the defaulting party representative listed herein, cancel this Agreement in its entirety as indicated below. Any Party may withdraw from this Agreement with or without cause by providing thirty (30) days’ prior written notice to the other Parties herein. Only the governing bodies of the Participating Parties have authority to act pursuant to this provision of the Agreement. Each Party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days from the opening of bids for the project in the event either or both parties consider any or all bids unsatisfactory; the withdrawal form or cancellation of the agreement to be accomplished by either or both parties within 30 days of opening of bids by serving a written notice thereof upon the other, unless this right is waived by both parties in writing. Section 5.19. Third Party. This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary. 160 IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. City of Waconia, Minnesota County of Carver, Minnesota Mayor County Board Chair Date: Date: Attest: Attest: Administrator/Clerk County Administrator Date: Date: Approved As To Form: Approved As To Form: Attorney County Attorney Date: Date: Independent Minnesota School District Superintendent Date: Attest: ______________________________ Date: Approved As To Form: Attorney Date: 161 110,