CITY COUNCIL MEETING AGENDA - Amazon Web Services...Apr 16, 2018 · The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities

The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining a rural character, while effectively managing growth.

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CITY COUNCIL MEETING AGENDA April 16, 2018

7:00pm

1) Call to Order a) Pledge of Allegiance b) Swearing in of John Tschumperlin to City Council c) Introductions: City Council: Mayor Lisa Whalen, Pam Mortenson, Mike Molitor, Shannon Bruce

and John Tschumperlin; Staff: City Administrator Michael Barone, Community Development Director David Abel, Finance Director Brian Grimm, Director of Public Safety Paul Falls, Director of Administration Cassandra Tabor and City Clerk Kris Linquist. Consultants: City Attorney Ron Batty, Kennedy & Graven and City Engineer Paul Hornby, WSB Engineering.

d) Approval of Agenda

2) Special Presentations a) Woodland Cove Update (Paul Robinson)

3) Persons to Be Heard

The City Council invites residents to share new ideas or concerns related to city business; however, individual question and remarks are limited to three (3) minutes per speaker. No City Council action will be taken, although the Council may refer issues to staff for follow up or consideration at a future meeting. The mayor may use discretion if speakers are repeating views already expressed or ask for a spokesperson for groups of individuals with similar views. Speakers should state their name and home address at the podium before speaking.

4) Consent Agenda a) Approve Regular Meeting Minutes from March 19, 2018 b) Approve Work Session Meeting Minutes from April 2, 2018 c) Approve Regular Meeting Minutes from April 2, 2018 d) Res. No. 61-18 Approve Claims e) Res. No. 62-18 Accept Resignation of John Tschumperlin from Planning Commission

and elevate Paul Stone from PC Alternate to Planning Commissioner f) Res. No. 63-18 Approve Extension of the Preliminary Plat of Highlands on Whaletail

Lake

5) Public Hearings - None

6) Business Items a) Lotus Drive Improvement Project Agreements

i) Res. No. 64-18 Approve Agreement with MCES ii) Res. No. 65-18 Approve Agreement with Mattamy

b) Res. No. 66-18 Approve Construction Observation Proposal with Foth Infrastructure & Environment, LLC for Lotus Drive Improvement Project

c) Res. No. 67-18 Approve Change Order No. 1 – Enchanted Ln/Tuxedo Rd and Grand View Ave Improvement Projects, CP 04-16 & CP 08-16

The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining a rural character, while effectively managing growth.

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7) Administrative Items a) Staff Reports

i) City Administrator ii) Community Development Director

iii) City Clerk – Incumbent clarification

b) Council Reports

i) Mayor Lisa Whalen – Economic Development Authority; Personnel Committee; Planning Commission

(rotating); Police Communications Committee; Northwest Hennepin League of Municipalities; Minnehaha Creek Watershed District; Gillespie Center Advisory Council; Mound Fire Advisory Committee (alternate); Parks Commission (rotating)

ii) Pam Mortenson – Acting Mayor; Personnel Committee; Economic Development Authority;

Planning Commission (rotating); Parks Commission (rotating); Pioneer-Sarah Creek Watershed Management Commission (alternate); Steering/Comprehensive Plan Committee; Westonka Community & Commerce

iii) Mike Molitor – Economic Development Authority; Planning Commission (rotating); Parks

Commission (rotating); Steering/Comprehensive Plan Committee; LMCD iv) Shannon Bruce – Economic Development Authority; Planning Commission (rotating); Parks

Commission (rotating); Mound Fire Advisory Committee; St. Bonifacius Fire Advisory Committee; Pioneer-Sarah Creek Watershed District

v) John Tschumperlin – Planning Commission (rotating); Parks Commission(rotating); Economic

Development Authority

8) Adjournment The agenda packet with all background material is located at the back table for viewing by the public. Published agenda is subject to change without notice. Information and materials relating to the above items are available for review at city hall by appointment.

The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining rural character, while effectively managing growth.

Minnetrista City Council Minutes – March 19, 2018 Page 1 of 5

CITY COUNCIL MEETING MINUTES March 19, 2018

7:00pm

1) Call to OrderActing Mayor Mortenson called the meeting to order at 7:00 p.m.

a) Pledge of Allegianceb) Introductions:

City Council: Acting Mayor Pam Mortenson, Patricia Thoele, Mike Molitor andShannon Bruce; Staff: City Administrator Michael Barone, Finance Director BrianGrimm, Community Development Director David Abel, Director of Public SafetyPaul Falls, Director of Administration Cassandra Tabor and City Clerk Kris Linquist;Consultants: City Attorney Ron Batty, Kennedy & Graven and City Engineer PaulHornby, WSB Engineering.Absent: Mayor Lisa Whalen

c) Approval of AgendaMotion by Thoele, seconded by Molitor to approve the agenda as presented.Motion carried 4-0. Absent: Whalen

2) Special Presentationsa) 4th Quarter (Year-end) 2017 Financial Update

Grimm overviewed the staff report that was included in the March 19, 2018 packet.

Motion by Bruce, seconded by Molitor to Accept the 4th Quarter 2017 Financial Update. Motion carried 4-0. Absent: Whalen

3) Persons to Be HeardDavid Opheim, 5370 Eastview Avenue – expressed concerns with his neighbor’s exhaustfan that they recently have installed. He stated that the fan exceeds the MPCA noiseordinance. He would like the City to adopt the MPCA noise ordinance and enforcementof such ordinance.

4) Consent Agendaa) Approve Work Session Meeting Minutes from February 20, 2018b) Approve Regular Council Meeting Minutes from February 20, 2018c) Res. No. 38-18 Approve Claimsd) Res. No. 39-18 Approve CUP for Buell Consulting, Inc. 4700 Merrywood Lanee) Res. No. 40-18 Approve Variance for Eric & Elisa Engesser 1135 Marina Drivef) Res. No. 41-18 Approve Wetland Replacement Plan (The Ponds at Hunters

Crest) g) Res. No. 42-18 Approve Change Order No. 6 for the 2016 Water System

Improvements – Water Treatment Plant Construction, CP 02-15 h) Res. No. 43-18 Accept Public Improvements and Authorize Final Payment for

2016 Water System Improvements – Water Treatment Plant Construction, CP

Item 4a



02-15 i) Res. No. 44-18 Accept Public Improvements for the Waterset Development j) Res. No. 45-18 Award Gale Property Lease Quote k) Res. No. 49-18 Approve 3rd Amendment to Woodland Cove 3rd Addition

Subdivision Agreement l) Res. No. 50-18 Accept Public Improvements for the Woodland Cove 1st Lake

Addition Development

Molitor requested to have item 4f removed from the consent agenda. Bruce requested to have items 4g and 4h removed from the consent agenda. Motion by Thoele, seconded by Molitor to approve the Consent Agenda Items with the exception of items 4f, 4g and 4h. Motion carried 4-0. Absent: Whalen 4f) Res. No. 41-18 Approve Wetland Replacement Plan (The Ponds at Hunters Crest) Molitor requested clarification on whether the wetland encroaches on the building

pads. Abel stated that they barely touch the building pads. Hornby overviewed the reasoning for the need of the wetland credits. He stated that

Minnehaha Creek Watershed District (MCWD) and Hennepin Co. have both reviewed and approved the plan.

Abel overviewed how a wetland credit purchase takes place. The developer will be

purchasing wetland credits from the Mader wetland bank. Motion by Thoele, seconded by Bruce to Adopt Resolution No. 41-18 Approving the

Wetland Replacement Plan Application for The Ponds at Hunter’s Crest subject to the specified conditions outlined in the staff report.

Motion carried 3-1. Absent: Whalen Opposed: Molitor 4g) Res. No. 42-18 Approve Change Order No. 6 for the 2016 Water System

Improvements – Water Treatment Plant Construction, CP 02-15; and 4h) Res. No. 43-18 Accept Public Improvements and Authorize Final Payment for

2016 Water System Improvements – Water Treatment Plant Construction, CP 02-15

Bruce questioned what caused the miscalculation of the aquifer water level. Hornby overviewed the process of the draw down of the well and pump and the need for drilling deeper.

Motion by Molitor, seconded by Thoele to Adopt Resolution No. 42-18 Approving

Water Treatment Plant Change Order No. 6 for the 2016 Water System Improvements, CP 02-15, Adopt Resolution No. 43-18 Accepting the Water Treatment Plants constructed as part of the 2016 Water System Improvements, CP 02-15 and Authorize Final Payment to Knutson Construction Services, Inc. in the amount of $41,420.10.

Motion carried 4-0. Absent: Whalen



5) Public Hearings - None

6) Business Items

a) Res. No. 46-18 Approve Conditional Offer of Employment to Jack Straus, Public Works Maintenance Worker Tabor overviewed the staff report that was included in the packet dated March 19, 2018.

Highlights included: Five interviews were conducted This position replaces an open public works position The position was offered to Jack Straus through a conditional offer of

employment Motion by Bruce, seconded by Molitor to Adopt Res. No. 46-18 Approve Conditional

Offer of Employment to Jack Straus, Public Works Maintenance Worker. Motion carried 4-0. Absent: Whalen

b) Res. No. 47-18 Accept and Approve LELS Local 116 Police Officers Union Contract for 2018-2020 Tabor overviewed the staff report that was included in the packet dated March 19,

2018. Highlights included:

Article 11 – Overtime compensation Article 12 – Recall to Duty compensation Article 13 – Insurance contribution Article 14 – Uniforms allowance Article 18 – Holidays - compensation Article 20 – Stand-by/Court Time compensation Article 21 – Merit Pay – not negotiated Article 21 – Wages – increase over 3 years Article 21.2 – Assignment: Investigator, School Resource Officer and DTF

compensation Article 22.2 – Field Training Officer compensation Article 24 - Duration – effective dates of January 1, 2018 through December 31,

2020. There was discussion on the impact of the budget.

Motion by Thoele, seconded by Bruce to Adopt Resolution No. 47-18 Authorizing the execution of the proposed labor agreement with LELS Local #116 for a period of three years, January 1, 2018 through December 31, 2020.

Motion carried 4-0. Absent: Whalen c) Res. No. 51-18 Approve Construction Cooperative Agreement with MCES for

City Lift Station 9 and MCES County Road 44 Interceptor project Hornby overviewed the staff report that was included in the packet dated March 19, 2018.



Highlights included: The Met Council has prepared plans and bid for an interceptor forcemain

improvement that extends from their maintenance facility on Westedge Blvd in Mound to the Lake Minnetonka Regional Park and TH 7 within the County Road 44 corridor.

The project also includes improvements to the City of Minnetrista Sanitary sewer system:

Disconnection of the city lift stations (6,7,8,9) from the MCES forecemain

Construction of a new city forcemain pipe for lift stations 6, 7, 8 and 9 to the MCES gravity sewer in Lake Minnetonka Regional Park

Modification to lift station 9 – replacing pumps, electrical controls necessary for discharge into new city forcemain pipe

Construction of a generator pad for future generator at lift station 8 Acquisition of vehicle access easement to lift station 9 Separation of the city forcemains from direct connections to the MCES

interceptor forcemain and construction of a new city forcemain reduces risk of an MCES backup into the city system.

City lift station 9 is rehabilitated with new pumps, internal piping, necessary electrical and controls for the new pumping configuration.

A generator pad at lift station 8 provides the opportunity for the city to have a designated place for an off-road permanent or temporary generator for emergency operation.

The city will not incur costs from MCES for the professional design and construction services for their staff and consultants nor will the city incur costs for the construction of the city system improvements and lift station 8 access easement. The city will incur cost of approximately $40,000 for plan review, construction meetings and cooperative agreement review/negotiation.

There was discussion on project specifics. A projected start date is hopeful in April 2018. There was discussion on consultant fees and what is covered by those fees. Bruce commented that she would like to have the resolution be amended to include, “the total estimated cost of $40,000 in consultant fees.” Motion by Thoele, seconded by Molitor to Adopt Resolution No. 51-18 Approve Construction Cooperative Agreement for Improvements to Lift Station 9 and MCES County Road 44 Interceptor with a total estimated cost of $40,000 in consultant fees. Motion carried 4-0. Absent: Whalen

7) Administrative Items

a) Staff Reports i) City Administrator

Water Tower location Reconnect with SEH for their expertise on a water tower location



Labor Contract with Local 49 – Public Works Labor negotiations with Police Supervisors update Westonka School District – gravel access to paved access by the water

tower at the high school June 4, 2018 Work Session – Joint with St. Boni to review the new Police

Vehicle Mound Fire contract adjustment

ii) Director of Community Development

Short Term Rental update Planning Commission Liaison for Planning Commission

iii) Director of Administration

State of the City update

b) Council Reports i) Pam Mortenson

WCC Spirit of the Lakes – July 20 & 21, 2018

ii) Patricia Thoele

Personnel Committee Resignation as of March 20, 2018

iii) Mike Molitor

LMCD

iv) Shannon Bruce High Speed Internet

8) Adjournment

Motion by Bruce, seconded by Molitor to adjourn the meeting at 8:29 p.m. Motion carried 4-0. Absent: Whalen

Respectfully submitted, Kris Linquist, MMMC, CMC City Clerk

Minnetrista Work Session Minutes – April 2, 2018 Page 1 of 3

CITY COUNCIL WORK SESSION MINUTES

April 2, 2018 5:30 – 6:30pm

1) Call to OrderMayor Whalen called the meeting to order at 5:30 p.m.

Present – Council: Mayor Lisa Whalen, Pam Mortenson, Mike Molitor and Shannon Bruce; Staff: City Administrator Michael Barone, Finance Director Brian Grimm, Community Development Director David Abel, Public Safety Director Paul Falls, Director of Administration Cassandra Tabor and City Clerk Kris Linquist; Consultants: City Engineer Paul Hornby, WSB Engineering Absent: None

2) City Council Candidate InterviewsMayor Whalen welcomed all candidates and thanked them for their interest infilling the vacant council seat. She overviewed the interviewing process. Thethree interview questions were as followed: 1) Tell us about yourself and whyyou would like to be appointed to the City Council. 2) The Council and Staffwork together as a team. Based on your experience, please give us examplesof how you have worked on teams in the past – professionally or personally(i.e. Boards, commissions, committees, etc.). 3) What would your top 2-3priorities be as a Council member? Based on those priorities, and in your bestestimation, how would you adjust the budget/City finances to address thosepriorities?

John Tschumperlin – stated he is a 31 year resident and has been on the Planning Commission for the past 2+ years. He has concerns about building growth. He worked for Cargill for 35 years and currently is on the Westonka Library board. He believes in leading by example – Leadership is important as a group decision. His main concerns are City growth and infrastructure. He has an accounting background. He is not ultra conservative but is always watching his budget. He stated that the road issue is an important area.

Bruce questioned him about a special assessment for paving a gravel road. Tschumperlin commented that it is better for the city, if the city can affordably do so, pave a gravel road. He would want the neighborhood consensus unless reports showed that it would be more beneficial to pave the road and make the neighbors understand the decision.

Item 4b


Cathleen Reffkin – stated that she lives in Woodland Cove with her husband and two children. She would like to see the City grow. She would like to see a person from a newer neighborhood on the Council. She has previously worked on corporate insurance but currently is an at home Mom and is on the PTO Committee at Our Lady of the Lake. Bruce asked her about the time commitment that goes with being a Council member. Reffkin stated she is very good at time management. Reffkin stated she would like to see more commercial development and would adjust the budget accordingly to obtain this. She commented that more commercial business would generate more revenue for the City. Mortenson asked if she was involved in her HOA. Reffkin stated she was with the social aspect. The HOA has not been activated for Woodland Cove yet. Reffkin stated that they have friends in the area and have no intentions of moving anytime soon. They recently moved back to Minnesota from Indiana. Scot Pekarek – stated that he and his family moved to Minnetrista in November 2017, he previously lived in Minneapolis for 20 years. He grew up in a small town in central Minnesota. He stated that if you want to get anything done you need to get into local politics and need to listen to the people in the community. He said he has been working on teams most of his life especially on the farm growing up. He currently manages a real estate office of approximately 25 agents. He is constantly a team player. Mayor Whalen asked if he has served on a board. He stated that he has not. Bruce asked about involvement with the HOA. Pekarek stated that he is on one and involved in several. Bruce also asked about the time commitment. He stated that he wouldn’t have applied if he thought there would be an issue.

Pekarek stated that his priorities would be a safe and vibrant community, development, clean water, good schools, Police and Fire Protection, and to find out what matters to the residents.

Bruce asked him about his anchors to the community. He stated that he has

friends that live in the area. He lived 11 years in his last home. He stated that having twin boys helped his family make the decision to move to Minnetrista. He commented that he didn’t come with an agenda and is open minded. He does not plan on moving anytime soon.

Mayor Whalen thanked all the potential candidates for their interest and

explained the process of appointment at the Council meeting later that evening.


3) 2040 Comprehensive Plan Update Abel stated that at the June 5, 2017 Council meeting, the Council granted Preliminary approval of the 2040 Comprehensive Plan. The plan was sent to the appropriate reviewing bodies and the City received seven responses with comments. In February 2018, the Council received the red line version of 2040 Comprehensive Plan for their review. There was discussion about Lotus Drive and it being a parkway not a collector street. There was discussion of the seven letters received and the comments from them. There was discussion on the clarification on the commercial and industrial designated properties. There was discussion on growth of the City. There was discussion about Silverwood Park and that it use to be Kingswood Park. Consensus of the Council was to bring the 2040 Comprehensive Plan to the April 16, 2018 Council Meeting for final approval.

4) Adjourn Motion by Bruce, seconded by Molitor to adjourn the Work Session Meeting. Motion carried 4-0. Absent: None Mayor Whalen adjourned the meeting at 6:21 p.m. Respectfully Submitted, Kris Linquist, MMMC, CMC

City Clerk


Minnetrista City Council Minutes – April 2, 2018 Page 1 of 6

CITY COUNCIL MEETING MINUTES April 2, 2018 7:00pm

1) Call to OrderMayor Whalen called the meeting to order at 7:00 p.m.

a) Pledge of Allegianceb) Introductions:

City Council: Mayor Lisa Whalen, Pam Mortenson, Mike Molitor and ShannonBruce; Staff: City Administrator Michael Barone, Finance Director Brian Grimm,Community Development Director David Abel, Director of Public Safety Paul Falls,Director of Administration Cassandra Tabor and City Clerk Kris Linquist;Consultants: City Attorney Ron Batty, Kennedy & Graven and City Engineer PaulHornby, WSB Engineering.Absent: None

c) Approval of AgendaMayor Whalen requested to move item 2a) S.E.H. Water Tower update to 2b andadd item 2a) Westonka Historical Society. She also would like to change the orderof Business items: Item 6a) Res. No. 56-18 Approve Local 49 Public Works LaborAgreement to Item 6c; Item 6b) Res. No. 48-18 Accept Pavement CoringForensics Report for 2018-2020 Preliminary Capital Improvement Plan Roadwaysand Review Pavement Management Plan to Item 6d; Item 6c) Res. No. 57-18Accept Resignation from Councilmember Patricia Thoele to Item 6a; Item 6d) Res.No. 59-18 Amend 2018 Council Appointments and Designations to Item 6e; andAdd new Item 6b) Res. No. 58-18 Approve Appointment of Candidate to fill theCouncil Vacancy for remainder of Calendar year 2018.

Motion by Bruce, seconded by Mortenson to approve the agenda as amended. Motion carried 4-0. Absent: None

2) Special Presentationsa) Westonka Historical Society

Pam Myers with the Westonka Historical Society gave an overview of the history of theschool house in the area. District #277 is celebrating 100th graduating class this year.She presented the City with a copy of “Classroom Voices.”

b) S.E.H. Water Tower PresentationBarone overviewed the staff report that was included in the April 2, 2018 packet.Miles Jensen with S.E.H. Engineering overviewed their proposal to look at potentialwater tower sites.

There was discussion on testing the flow pressure in the southwestern part of Minnetrista to evaluate the pressure and the process of the flow on the fire hydrant to determine pressure.

Item 4c



There was discussion on how many options will be presented to the council. Jensen

stated he could not answer that question at this time and explained the process of determining location(s).

There was discussion that the water tower would have treated water and that a new

well would not have treated water. There was discussion about the cost of the project. There was discussion about a potential third water treatment plant in the future and if

that needed to be considered when choosing a water tower site. Bruce questioned if this project will be funded by the General Fund. Grimm stated that

it will be funded by the Water Fund and has been budgeted for over the past several years.

Motion by Mortenson, seconded by Molitor to Adopt Resolution No. 60-18 Approving a

Proposal for a Siting Analysis by S.E.H. Engineering for Potential Water Tower Location(s) in Southwest Minnetrista not to exceed the amount of $10,950.

Motion carried 4-0. Absent: None

3) Persons to Be Heard - None 4) Consent Agenda

a) Approve Regular Council Meeting Minutes from March 19, 2018 b) Res. No. 52-18 Approve Claims c) Res. No. 53-18 Approve Advising the Disposition of Tax Forfeited Land Outlot A

Maple Leaf Estates d) Res. No. 54-18 Approve Advising the Disposition of Tax Forfeited Land Outlot B

Maple Leaf Estates e) Res. No. 55-18 Approve 1st Amendment to Subdivision Agreement of Jessen

Acres

Bruce requested to have item 4a) Approve Regular Council Meeting Minutes from March 19, 2018 from the Consent Agenda. Motion by Mortenson, seconded by Molitor to approve the Consent Agenda Items with the exception of item 4a. Motion carried 4-0. Absent: None 4a) Approve Regular Council Meeting Minutes from March 19, 2018 Bruce stated that on page 4 under item 6c) Res. No. 51-18 Approve Construction Cooperative Agreement with MCES for City Lift Station 9 and MCES County Road 44 Interceptor project, the motion should state, “…not to exceed $40,000 in consultant fees” instead of “…with a total estimated cost of $40,000 in consultant fees”. Linquist will review the City Council video from March 19, 2018 for verification and will bring the minutes back to the April 16, 2018 City Council meeting for approval.



5) Public Hearings – None

6) Business Items a) Res. No. 57-18 Accept Resignation from Councilmember Patricia Thoele

Motion by Bruce, seconded by Molitor to Adopt Resolution No. 57-18 Accepting the Resignation from Councilmember Patricia Thoele effective March 20, 2018.

Motion carried 4-0. Absent: None Mayor Whalen expressed gratitude and thanked Ms. Thoele for her service to the City

of Minnetrista.

b) Res. No. 58-18 Approve Appointment to fill the Council Vacancy for the remainder of Calendar year 2018. Mayor Whalen thanked all three candidates for interviewing for the vacant council seat. Mortenson liked the fact that newer individuals were interested in the community. She recommended John Tschumperlin to fill the vacancy due to the fact of his knowledge of the city, being a long-time resident and planning commissioner. Bruce expressed the same thoughts as Mortenson about Tschumperlin. She liked the fact that there should be representation from the southern part of Minnetrista. She recommended Scot Pekarek to fill the vacancy. Molitor commented that the Council’s appointment is only temporary and will expire at the end of December. He expressed that what the City needs in the interim is someone with experience and John Tschumperlin would fit that need. Mayor Whalen agreed with Mortenson and Molitor about Tschumperlin. She expressed that the Council needs someone that knows the current issues and can hit the ground running. She also agreed with Bruce that there are newer residents from the southern part of the City expressing interest in getting involved.

Motion by Molitor, seconded by Mortenson to Adopt Resolution No. 58-18 Approving

the Appointment of John Tschumperlin to fill the Council Vacancy with term ending December 31, 2018.

Motion carried 3-1. Absent: None Opposed: Bruce Bruce expressed concerns with the appointment becoming an incumbent for the

election that will be held in November if he chooses to run for one of the two council seats up for election.

c) Res. No. 56-18 Approve Local 49 Public Works Labor Agreement

Tabor overviewed the staff report that was included in the packet dated April 2, 2018. Highlights included:

Article 9 – Work Schedules/Training/Temp and Seasonal Employment Article 12 – Call Back Article 20 – Insurance



Article 21 – Holidays Article 22 – Wages Article 24 – Duration Appendix C – Clothing/Footwear/Prescription Safety Glasses

There was discussion about the percentage of wage increase in the Public Works

contract versus the percentage of wage increase with the Police Officers contract. There was discussion about the language used in the contract regarding leave

benefits and the potential of revisiting that section later on in 2018. There was also discussion about having leave benefits the same for the unions and non-union employees.

There was discussion on the legal impact of revisiting certain portions of the contract. Motion by Mortenson, seconded by Molitor to Adopt Res. No. 56-18 Approve Local

49 Public Works Labor Agreement. Motion carried 3-1. Absent: None Opposed: Bruce

d) Res. No. 48-18 Accept Pavement Coring Forensics Report for 2018-2020 Preliminary Capital Improvement Roadways and Review Pavement Management Plan Hornby overviewed the staff report that was included in the packet dated April 2, 2018. Highlights included:

Hardscrabble Circle/Road Loring Drive Burl Oaks Drive/Court Sunnyfield Road East Trails End Road/Circle Jennings Cove Area Eagle Nest Drive

There was discussion about the Mill and Overlay process.

There was discussion about Sunnyfield Rd and MSA dollars. Sunnyfield Road should be moved to 2019 in order to use MSA dollars and not have to levy for those dollars since the road qualifies.

There was discussion about the forensic report from WSB and which roads need

immediate attention and which roads can wait until 2019 or 2020. There was discussion on the policy that reclamation will always be assessed.

There was discussion about moving the Sunnyfield project to 2019 in order to free up approximately $265,000 for other projects in 2018. There was discussion about asking the school district to help pay for the Sunnyfield Rd project and giving them enough time to budget for the project.



There was discussion on doing preventative maintenance items as stated in the staff report, Burl Oaks Ct. /Dr. and Eagles Nest, that would leave approximately $80,000 to carry over in 2019. It was determined to have Staff re-evaluate the projects and bring it back to the April 16, 2018 Work Session meeting to re-visit the Pavement Management Plan.

Motion by Mortenson, seconded by Bruce to Adopt Resolution No. 48-18 Accept 2018-2020 Pavement Coring Forensics Report.

Motion carried 4-0. Absent: None e) Res. No. 59-18 Amend 218 Council Appointments and Designations

Mayor Whalen recommended that Pam Mortenson fill the vacancy on the Personnel Committee temporarily until the end of the year. She stated that the council could revisit the Council Appointments and Designation once newly appointed councilmember Tschumperlin is on board.

Motion by Mortenson, seconded by Molitor to Adopt Resolution No. 59-18 Amend 2018

Council Appointments and Designations to appoint Pam Mortenson to fill the vacancy on the Personnel Committee.

7) Administrative Items

a) Staff Reports i) City Administrator

Police Supervisors Negotiations – Personnel Committee ii) City Clerk

Open Book Meeting – April 25, 2018

iii) Director of Community Development Planning Commission Liaison for April 23 meeting - Molitor

b) Council Reports

i) Mayor Whalen Hennepin County – State of the County Address

ii) Pam Mortenson

WCC – April 12, 2018 Spirit of the Lakes – July 20-21, 2018 Trista Day – May 19, 2018 Hennepin County – State of the County Address

iii) Mike Molitor

LMCD Planning Commission on March 26, 2018– VRBOs

iv) Shannon Bruce – Nothing to report

8) Adjournment



Motion by Bruce, seconded by Molitor to adjourn the meeting at 8:58 p.m. Motion carried 4-0. Absent: None

Respectfully submitted, Kris Linquist, MMMC, CMC City Clerk

RESOLUTION NO.

RESOLUTION APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS

WHEREAS, the City Council of the City of Minnetrista, pursuant to MS 412.241, shall have the full authority over the financial affairs of the City; and

WHEREAS, the City Council reviewed the Claims for payment, with checks numbered 62015 through 62108; Voided checks 62019-62054 (printer error); electronic checks E1001149 through E1001160; Claims batch includes electronic transfers for payroll.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINNETRISTA, that the attached list of claims in the amount of $ 266,376.21 is hereby approved.

ADOPTED this 16th day of April 2018 by a vote of ____ Ayes _____ Nays.

___________________________ Lisa Whalen, Mayor

ATTEST:

________________________________ Kris Linquist, City Clerk

(seal)

61-18

Item 4d

*Check Detail Register©

CITY OF MINNETRISTA 04/12/18 11:22 AM

Page 1

MARCH 2018 to APRIL 2018

Check Amt CommentInvoice

1010 1ST BK OF THE LAKES

HENN CO TREASU A-600Paid Chk# 062015 4/6/2018

$77.70 Purchase Tax Forfeited Prop Maple Leaf Estates Outlot AE 101-49020-437 MISCELLANEOUS EXPENSE

Total HENN CO TREASU A-600 $77.70

HENN CO TREASU A-600Paid Chk# 062016 4/6/2018

$180.70 Tax Forfeited Prop Outlot B (Maple Leaf)E 101-49020-437 MISCELLANEOUS EXPENSE

Total HENN CO TREASU A-600 $180.70

LA PIG RACESPaid Chk# 062017 4/6/2018

$500.00 Deposit for Trista Day 2018E 101-42110-440 APPRECIATION EVENTS 2018

Total LA PIG RACES $500.00

POSTMASTERPaid Chk# 062018 4/6/2018

$214.27 Utility PostageE 602-49490-322 POSTAGE PI89




Total POSTMASTER $714.26

ACTION FLEET,INC.Paid Chk# 062055 4/16/2018

$310.00 Battery and InstallationE 101-42110-221 EQUIPMENT PARTS, TIRES I1354

Total ACTION FLEET,INC. $310.00

AEM FINANCIAL SOLUTIONSPaid Chk# 062056 4/16/2018

$770.00 Capital Assets Record KeepingE 101-41320-307 PROFESSIONAL SERVICES 398315

Total AEM FINANCIAL SOLUTIONS $770.00

AHERN FIRE PROTECTIONPaid Chk# 062057 4/16/2018

$975.00 Sprinkler inspectionsE 101-43121-401 BLDG/STRUCT MAINTENANCE 250599

Total AHERN FIRE PROTECTION $975.00

AMERIPRIDE SERVICES INCPaid Chk# 062058 4/16/2018

$27.03 Shop towelsE 101-43121-215 SHOP MATERIALS 1004093655

$79.30 Shop uniformsE 101-43121-417 UNIFORMS 1004093655

$13.26 Service ChargeE 101-41940-211 CLEANING & MAINT SUPPLIES 1004093655

$27.03 Shop towelsE 101-43121-215 SHOP MATERIALS 1004100145

$79.30 Shop uniformsE 101-43121-417 UNIFORMS 1004100145

$13.26 Service ChargeE 101-41940-211 CLEANING & MAINT SUPPLIES 1004100145

Total AMERIPRIDE SERVICES INC $239.18

ASPEN EQUIPMENTPaid Chk# 062059 4/16/2018

$383.78 Crane Inspection #7E 601-49440-404 VEHICLE & EQUIP MAINT 10188988

Total ASPEN EQUIPMENT $383.78

BOLL, ANGELAPaid Chk# 062060 4/16/2018

$20.00 Reimbursement for Notary CommissionE 101-41320-433 DUES & SUBSRIPT & TRAINING

Total BOLL, ANGELA $20.00

CAR-CO AUTO PARTSPaid Chk# 062061 4/16/2018

$1,099.48 Filters all vehicles and equipment for yearE 101-43121-221 EQUIPMENT PARTS, TIRES 49-482828

$62.45 Filters all vehiclesE 101-43121-221 EQUIPMENT PARTS, TIRES 49-484821

Total CAR-CO AUTO PARTS $1,161.93

CLIFTONLARSONALLENPaid Chk# 062062 4/16/2018

$13,000.00 Progress Billing of Audit for 2017E 101-41530-301 AUDITING AND ACCOUNTING S 1772999

Total CLIFTONLARSONALLEN $13,000.00

CULLIGAN SOLAR SALTPaid Chk# 062063 4/16/2018



Page 2



$61.80 SaltE 101-42110-401 BLDG/STRUCT MAINTENANCE 101x31238606

$61.80 SaltE 101-41940-401 BLDG/STRUCT MAINTENANCE 101x31238705

Total CULLIGAN SOLAR SALT $123.60

CULLIGAN WATERPaid Chk# 062064 4/16/2018

$57.88 WaterE 101-42110-211 CLEANING & MAINT SUPPLIES 114x65512804

Total CULLIGAN WATER $57.88

DEPT OF LABOR & INDUSTRYPaid Chk# 062065 4/16/2018

$2,481.28 SurchargeG 101-2103 BLDG VAL BSD - STATE SURCH March 2018

$36.00 SurchargeG 101-2102 HVAC - STATE SURCH March 2018

$35.00 SurchargeG 101-2101 PLUMBING - STATE SURCH March 2018

$14.00 SurchargeG 101-2100 BLDG GEN - STATE SURCH March 2018

Total DEPT OF LABOR & INDUSTRY $2,566.28

EARL F. ANDERSON INC.Paid Chk# 062066 4/16/2018

$344.40 Street Name PlatesE 101-43121-224 STREET MAINTENANCE SUPPL 0116887-IN

Total EARL F. ANDERSON INC. $344.40

ECM PUBLISHERS, INCPaid Chk# 062067 4/16/2018

$30.84 Open Book MeetingE 101-41320-351 LEGAL NOTICE & ORD PUBLIC 583629

$46.26 Public HearingE 101-41910-351 LEGAL NOTICE & ORD PUBLIC 588014

Total ECM PUBLISHERS, INC $77.10

ENGEL WATER TESTING, INC.Paid Chk# 062068 4/16/2018

$300.00 Testing of Water SamplesE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 18-18969

Total ENGEL WATER TESTING, INC. $300.00

FASTENAL COMPANYPaid Chk# 062069 4/16/2018

$190.37 Shop Supplies and Cleaning SuppliesE 101-43121-215 SHOP MATERIALS MNWAC56368

$29.94 Disinfecting SprayE 101-43121-215 SHOP MATERIALS MNWAC56387

Total FASTENAL COMPANY $220.31

FRONTIER OHPaid Chk# 062070 4/16/2018

$257.50 Phone ServiceE 601-49440-381 ELECTRIC UTILITIES 952-196-1926

$478.30 Phone ServiceE 101-42110-321 TELEPHONE 952-446-1660



Total FRONTIER OH $1,692.41

GRAINGER INC.Paid Chk# 062071 4/16/2018

$90.32 Shoe CoversE 101-42401-437 MISCELLANEOUS EXPENSE 9746609081

Total GRAINGER INC. $90.32

GREAT AMERICA FINANCIAL SVCSPaid Chk# 062072 4/16/2018

$139.95 Meter RentalE 101-41320-322 POSTAGE 22422655

Total GREAT AMERICA FINANCIAL SVCS $139.95

HEALTH PARTNERSPaid Chk# 062073 4/16/2018

$1,935.63 Premium Employer PdE 601-49440-131 HEALTH & LIFE INS - E CONTR 80497202


$603.31 Premium Employer PdE 651-49590-131 HEALTH & LIFE INS - E CONTR 80497202









Page 3




$1,132.39 * Employee Pd PremiumG 101-2340 PAYROLL CLEARING HEALTH INS 80497202

Total HEALTH PARTNERS $27,598.68

HENN CO INFO TECHNOLOGYPaid Chk# 062074 4/16/2018

$2,227.63 radio lease - PDE 401-42110-560 EQIUP AND FURNISHINGS 1000109273

$637.05 Radio LeaseE 401-43126-560 EQIUP AND FURNISHINGS 1000109315

Total HENN CO INFO TECHNOLOGY $2,864.68

HERC-U-LIFTPaid Chk# 062075 4/16/2018

$175.00 Add't Fuel Tank for Fork LiftE 101-43121-221 EQUIPMENT PARTS, TIRES S0083696

Total HERC-U-LIFT $175.00

HOPKINS POLICE DEPARTMENTPaid Chk# 062076 4/16/2018

$140.00 Training (4)E 101-42110-434 POLICE TRAINING

Total HOPKINS POLICE DEPARTMENT $140.00

KENNETH POTTS P.APaid Chk# 062077 4/16/2018

$9,000.00 01/1/18-03/31/18 Prosecution SvcsE 101-41610-305 PROSECUTING ATTORNEY

Total KENNETH POTTS P.A $9,000.00

KWIK TRIPPaid Chk# 062078 4/16/2018

$234.00 40 Car WashesE 101-42110-404 VEHICLE & EQUIP MAINT 00231424

$58.50 10 Car WashesE 101-41410-404 VEHICLE & EQUIP MAINT 00231424

Total KWIK TRIP $292.50

LEXISNEXISPaid Chk# 062079 4/16/2018

$30.00 Contract FeeE 101-42110-307 PROFESSIONAL SERVICES 1085510-1803

Total LEXISNEXIS $30.00

LOFFLER, INCPaid Chk# 062080 4/16/2018

$1,279.60 General SupportE 101-41320-410 COMPUTER SERVICES/FEES 2781094

$1,828.00 General SupportE 101-42110-410 COMPUTER SERVICES/FEES 2781094

$274.20 General SupportE 101-43121-410 COMPUTER SERVICES/FEES 2781094



Total LOFFLER, INC $4,570.00

MENARDSPaid Chk# 062081 4/16/2018

$1.84 ConnectorE 601-49440-201 OFFICE SUPPLIES

Total MENARDS $1.84

MET COUNCIL (SAC)Paid Chk# 062082 4/16/2018

$12,300.75 * Monthly SACG 602-2395 SAC CLEARING March 2018

Total MET COUNCIL (SAC) $12,300.75

MET COUNCIL ENVIRONMENTAL SVCPaid Chk# 062083 4/16/2018

$25,518.99 * Monthly SewerE 602-49490-438 EXPENSE MWCC 0001080911

otal MET COUNCIL ENVIRONMENTAL SVC $25,518.99

METRO SALES INCPaid Chk# 062084 4/16/2018

$37.04 CartridgesE 101-43121-201 OFFICE SUPPLIES INV1049733

Total METRO SALES INC $37.04

MID COUNTYPaid Chk# 062085 4/16/2018

$99.83 Dyed Diesel FuelE 601-49440-212 MOTOR FUELS AND LUBRICAN 32879






Page 4



$842.72 Squad FuelE 101-42110-212 MOTOR FUELS AND LUBRICAN 33115











Total MID COUNTY $5,164.13

MINNESOTA ZOOPaid Chk# 062086 4/16/2018

$500.00 Trista DayE 101-42110-440 APPRECIATION EVENTS

Total MINNESOTA ZOO $500.00

MOUND TRUE VALUE HARDWAREPaid Chk# 062087 4/16/2018

$5.99 AdhesiveE 101-43121-221 EQUIPMENT PARTS, TIRES 150550

$0.79 BoltsE 101-43121-215 SHOP MATERIALS 150579

$10.38 Stencils and PaintingE 101-43121-224 STREET MAINTENANCE SUPPL 150641

$20.93 Cleaning SuppliesE 601-49440-401 BLDG/STRUCT MAINTENANCE 150709

$36.82 Water SamplesE 601-49440-322 POSTAGE 150748

$1.69 BoltsE 101-43121-224 STREET MAINTENANCE SUPPL 150775

$1.40 BoltsE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 150822

$3.38 BoltsE 101-43121-224 STREET MAINTENANCE SUPPL 150851

$8.99 Cable TieE 602-49490-227 UTILITY SYSTEM MAINT SUPPL 151029

Total MOUND TRUE VALUE HARDWARE $90.37

MOUND TRUE VALUE-PDPaid Chk# 062088 4/16/2018

$26.95 Soap and Lysol WipesE 101-42110-211 CLEANING & MAINT SUPPLIES 150771

Total MOUND TRUE VALUE-PD $26.95

MUELLER, ANISHAPaid Chk# 062089 4/16/2018

$40.45 Feb/March MileageE 101-41320-433 DUES & SUBSRIPT & TRAINING

Total MUELLER, ANISHA $40.45

NCPERS MINNESOTAPaid Chk# 062090 4/16/2018

$288.00 *PERA life Ins Employer PaidG 101-2380 PAYROLL CLEARING LIFE INS 6324418

Total NCPERS MINNESOTA $288.00

OFFICE DEPOT - CHICAGOPaid Chk# 062091 4/16/2018

$31.92 USBE 101-42110-201 OFFICE SUPPLIES 118067406001

$71.12 Spoons and PaperE 101-42110-201 OFFICE SUPPLIES 118067540001

$278.46 Chair and White outE 101-41320-201 OFFICE SUPPLIES 120178136001

$10.99 Name PlateE 101-41320-201 OFFICE SUPPLIES 120745425001

$33.07 Pens and Lysol WipesE 101-41320-201 OFFICE SUPPLIES 122133197001

$3.99 Pen RefillsE 101-41320-201 OFFICE SUPPLIES 122133367001

Total OFFICE DEPOT - CHICAGO $429.55

OVERHEAD DOOR COPaid Chk# 062092 4/16/2018

$1,589.44 Door Service on Main DoorE 101-42110-401 BLDG/STRUCT MAINTENANCE 104221

Total OVERHEAD DOOR CO $1,589.44

PERFORMANCE PETROLEUM CO.Paid Chk# 062093 4/16/2018

$425.78 Oil for TrucksE 101-43121-212 MOTOR FUELS AND LUBRICAN 133694

Total PERFORMANCE PETROLEUM CO. $425.78



Page 5



POSTMASTERPaid Chk# 062094 4/16/2018

$631.02 Newsletter PostageE 101-41320-322 POSTAGE

Total POSTMASTER $631.02

PREMIUM WATERS, INCPaid Chk# 062095 4/16/2018

$165.10 WaterE 101-41940-211 CLEANING & MAINT SUPPLIES 605123-03-18

Total PREMIUM WATERS, INC $165.10

R & S COLLISION, INC.Paid Chk# 062096 4/16/2018

$3,563.18 * Repair of Truck (Reimbursed from Insurance less deductible)

E 101-43125-404 VEHICLE & EQUIP MAINT 3127

Total R & S COLLISION, INC. $3,563.18

SCOTT COUNTYPaid Chk# 062097 4/16/2018

$188.00 Warrant-Case 18001450G 101-2397 WARRANT CLEARING

Total SCOTT COUNTY $188.00

SPIRIT OF THE LAKESPaid Chk# 062098 4/16/2018

$1,000.00 Spirit of the Lakes FestivalE 101-41110-437 MISCELLANEOUS EXPENSE 2018

Total SPIRIT OF THE LAKES $1,000.00

STATE OF MINNESOTA - BCAPaid Chk# 062099 4/16/2018

$270.00 State Access FeeE 101-42110-410 COMPUTER SERVICES/FEES 00000469487

Total STATE OF MINNESOTA - BCA $270.00

TASC FLEX SYSTEMS REIMBURSEMENPaid Chk# 062100 4/16/2018

$40.00 Admin FeesE 101-42110-437 MISCELLANEOUS EXPENSE IN1247791

$18.94 Admin FeesE 101-41320-437 MISCELLANEOUS EXPENSE IN1247791

tal TASC FLEX SYSTEMS REIMBURSEMEN $58.94

TRUENORTH STEELPaid Chk# 062101 4/16/2018

$475.60 Culvert for Nike RdE 651-49590-224 STREET MAINTENANCE SUPPL BL0000007691

Total TRUENORTH STEEL $475.60

US BANK CORPORATE SYSTEMSPaid Chk# 062102 4/16/2018

$48.49 Single Pole Connections for Truck Salt SpreadersE 101-43125-221 EQUIPMENT PARTS, TIRES 3/12/18

$110.00 Training Classes for RassatE 101-43121-437 MISCELLANEOUS EXPENSE 3/12/18

$50.34 Air Gauge and Air Chucks for WTP'sE 601-49440-240 SMALL TOOLS AND MINOR EQ 3/21/18

$334.39 MicrowaveE 101-42110-201 OFFICE SUPPLIES 3/22/18

$29.95 ID checking guideE 101-42110-201 OFFICE SUPPLIES 3/23/18

$46.00 Notary Stamp-BollE 101-41320-201 OFFICE SUPPLIES 3/27/18

($84.42) CreditE 101-42110-437 MISCELLANEOUS EXPENSE 3/27/18

$41.00 Food Council MtgE 101-41110-437 MISCELLANEOUS EXPENSE 4/2/18

$450.00 POST Board officer renewalsE 101-42110-433 DUES & SUBSRIPT & TRAINING 4/6/18

$1,410.00 Playground Insp. Cert. Exam and Training (2)E 101-45202-433 DUES & SUBSRIPT & TRAINING 4/9/18

Total US BANK CORPORATE SYSTEMS $2,435.75

US BANK EQUIPMENT FINANCEPaid Chk# 062103 4/16/2018

$35.00 CopierE 101-41320-307 PROFESSIONAL SERVICES 354478505





Total US BANK EQUIPMENT FINANCE $175.00

VERIZON WIRELESSPaid Chk# 062104 4/16/2018

$407.36 PD Cell phonesE 101-42110-321 TELEPHONE 9803763314

$526.67 Admin Cell phonesE 101-41940-321 TELEPHONE 9803763314



Page 6



$382.07 PW Cell PhonesE 101-43121-321 TELEPHONE 9803763314

$10.01 M2ME 101-41940-321 TELEPHONE 9803763314

$245.11 MDC ConnectionsE 401-42110-560 EQIUP AND FURNISHINGS 9804156852

Total VERIZON WIRELESS $1,571.22

WACONIA FORD MERCURYPaid Chk# 062105 4/16/2018

$2,574.52 Unit 16-Check Engine LightE 101-43121-404 VEHICLE & EQUIP MAINT FOCS119844

$1,059.42 Suspension on Unit 6E 101-43121-404 VEHICLE & EQUIP MAINT FOCS119952

Total WACONIA FORD MERCURY $3,633.94

WASTE MANAGEMENTPaid Chk# 062106 4/16/2018

$9,593.50 * RecyclingE 671-43230-384 REFUSE REMOVAL 7122844-1593-

Total WASTE MANAGEMENT $9,593.50

WHITE, BRANDONPaid Chk# 062107 4/16/2018

$21.41 TrainingE 101-42110-431 TRAIN/MTG/EXP & SUPPLIES

Total WHITE, BRANDON $21.41

XCEL ENERGY-MNPaid Chk# 062108 4/16/2018

$11.31 Irrigation MeterE 101-45202-401 BLDG/STRUCT MAINTENANCE 51-001093657

$25.01 Electricity-Lift StationsE 602-49490-381 ELECTRIC UTILITIES 51-001102157

$2,168.06 Treatment Plant NorthE 601-49440-381 ELECTRIC UTILITIES 51-001164027

$942.75 Electricity-City HallE 101-41940-381 ELECTRIC UTILITIES 51-6565407-3

$115.66 Electricity-PWE 101-43121-381 ELECTRIC UTILITIES 51-6565407-3

$37.99 Electricity-Signal SunnyfieldE 101-43160-381 ELECTRIC UTILITIES 51-6565407-3

$31.16 Electricity-Hunters TrailE 101-45202-401 BLDG/STRUCT MAINTENANCE 51-6565407-3

$65.51 Electricity-Wells/WatertowerE 601-49440-381 ELECTRIC UTILITIES 51-9805951-5

Total XCEL ENERGY-MN $3,397.45

TASC FLEX SYSTEMS REIMBURSEMENPaid Chk# 1001149E 3/30/2018

$134.89 * FSA MedicalG 101-2345 PR CLEARING HEALTH FSA

tal TASC FLEX SYSTEMS REIMBURSEMEN $134.89

AFLACPaid Chk# 1001150E 4/3/2018

$320.42 * Supplemental InsuranceG 101-2348 AFLAC INS 717369

Total AFLAC $320.42

BRIDGEWATER BANKPaid Chk# 1001151E 3/30/2018

$70.00 MARCH REMOTE DEPOSIT FEEE 101-41320-437 MISCELLANEOUS EXPENSE

Total BRIDGEWATER BANK $70.00

DELTA DENTALPaid Chk# 1001152E 4/5/2018

$250.36 Delta Dental Prem - AdminE 101-41320-131 HEALTH & LIFE INS - E CONTR 7236264

$135.36 Delta Dental Prem - PWE 101-43121-131 HEALTH & LIFE INS - E CONTR 7236264



$625.95 Delta Dental Prem - PDE 101-42110-131 HEALTH & LIFE INS - E CONTR 7236264




$42.00 Delta Dental Prem-PLE 101-41910-131 HEALTH & LIFE INS - E CONTR 7236264

$42.00 Delta Dental Prem-BdgE 101-42401-131 HEALTH & LIFE INS - E CONTR 7236264

Total DELTA DENTAL $1,414.00

PSNPaid Chk# 1001153E 4/5/2018

$48.25 MONTHLY ONLINE PAYMENT FEES MARCHE 601-49440-307 PROFESSIONAL SERVICES





Page 7




Total PSN $160.82

INTERNAL REVENUE SERVICEPaid Chk# 1001154E 4/6/2018

$8,784.80 * PR - Fed w/hG 101-2300 PAYROLL CLEARING FED W/H

$10,095.90 * PR - SS/Medicare w/hG 101-2320 PAYROLL CLEARING FICA

Total INTERNAL REVENUE SERVICE $18,880.70

MN DEPARTMENT OF REVENUEPaid Chk# 1001155E 4/6/2018

$4,439.54 * State w/hG 101-2310 PAYROLL CLEARING STATE W/H

Total MN DEPARTMENT OF REVENUE $4,439.54

PUBLIC EMPLOYEES RETIREMENTPaid Chk# 1001156E 4/9/2018

$20,520.38 * Pera w/hG 101-2330 PAYROLL CLEARING PERA

Total PUBLIC EMPLOYEES RETIREMENT $20,520.38

VOYAPaid Chk# 1001157E 4/9/2018

$400.00 * Deferred Comp w/hG 101-2370 PAYROLL CLEARING DEFERRED CO

Total VOYA $400.00

EDWARD JONESPaid Chk# 1001158E 4/9/2018

$1,746.12 * Deferred Comp w/hG 101-2370 PAYROLL CLEARING DEFERRED CO

Total EDWARD JONES $1,746.12

OPTUMPaid Chk# 1001159E 4/9/2018

$4,502.36 * HSA Employer and Employee ContributionG 101-2347 HSA CLEARING ACCT

Total OPTUM $4,502.36

ICMAPaid Chk# 1001160E 4/9/2018

$437.00 * Roth IRA ContributionsG 101-2370 PAYROLL CLEARING DEFERRED CO

$325.00 * Deferred Comp ContributionsG 101-2370 PAYROLL CLEARING DEFERRED CO

Total ICMA $762.00

1010 1ST BK OF THE LAKES $195,560.29

Fund Summary

1010 1ST BK OF THE LAKES

101 GENERAL FUND $133,971.35

401 CAPITAL IMPROVEMENT PROGRAM $3,109.79

601 WATER FUND $6,708.02

602 SEWER FUND $40,857.10

651 STORM WATER MGMT FUND $1,216.94

671 RECYCLING FUND $9,697.09

$195,560.29

_____________________________________________________________________________ Mission Statement:

The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

CITY OF MINNETRISTA

CONSENT AGENDA ITEM

Subject:

Prepared By: Through:

Meeting Date:

Planning Commission Vacancy

Nickolas Olson, City Planner David Abel, Community Development Director

April 16, 2018

Issue: On April 10, 2018, the City received a letter of resignation from current Planning Commissioner John Tschumperlin. John was appointed to the City Council on April 2, 2018 to fill the remainder of Patricia Thoele’s term and thus resigned from his position on the Minnetrista Planning Commission. John’s resignation creates a vacancy on the Planning Commission. Paul Stone is currently serving as Alternate 1 to the Planning Commission. Alternates to the Planning Commission may be appointed to regular members to finish the remainder of the vacated term. John’s term was set to expire on December 31, 2020.

Recommended Action: Motion to adopt Res. No. 62-18 Accepting the resignation of John Tschumperlin from the Minnetrista Planning Commission and appoint current Alternate 1 Paul Stone to regular member for the remainder of John Tschumperlin’s term

Attachments: 1. John Tschumperlin’s Resignation Letter2. Resolution No. 62-18

Item 4e

Mr. David Abel

Community Development Director

City of Minnetrista

7701 County Road 110 West

Minnetrista, MN. 55364

Dear Sir:

RECEIVED

APR 1 0 2018

CITY OF MINNETRISTA

Please accept this letter as my formal notice of resignation from the Minnetrista

Planning Commission effective immediately. I have found the commission work

both interesting and educational. My resignation is due to my appointment to

the City Council on April 2, 2018.

Thank you.

Sincerely,

RESOLUTION NO. 62-18

CITY OF MINNETRISTA

A RESOLUTION ACCEPTING JOHN TSCHUMPERLIN’S RESIGNATION FROM THE MINNETRISTA PLANNING COMMISSION AND APPOINTING

PAUL STONE AS REGULAR MEMBER

WHEREAS, John Tschumperlin has resigned from his position with the Minnetrista Planning Commission effective April 10, 2018; and

WHEREAS, John Tschumperlin’s term on the Minnetrista Planning Commission expires on December 31, 2020; and

WHEREAS, John Tschumperlin’s resignation creates a vacancy on the Minnetrista Planning Commission; and

WHEREAS, Paul Stone was appointed as Alternate 1 to the Minnetrista Planning Commission on January 2, 2018; and

WHEREAS, an Alternate may be designated a regular member of the commission by the same method that a member is appointed to the commission; and

WHEREAS, Alternates who are designated as regular members on the commission shall serve the remaining term of the person who vacated that seat.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Minnetrista hereby accepts John Tschumperlin’s resignation from the Minnetrista Planning Commission and appoints Paul Stone to regular member for the remainder of the vacated term set to expire on December 31, 2020.

This resolution was adopted by the City Council of the City of Minnetrista on the 16th day of April 2018, by a vote of ____ Ayes and ____ Nays.

Lisa Whalen, Mayor

ATTEST:

Kris Linquist, City Clerk

(SEAL)

_____________________________________________________________________________ Mission Statement:

The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

CITY OF MINNETRISTA

CONSENT AGENDA ITEM

Subject: Extension Request for Edward & Mary Ryan for Preliminary Plat and Dock Variance Approval for the Highlands on Whaletail Lake

Prepared By: Nickolas Olson, City Planner Through: David Abel, Community Development Director

Meeting Date: April 16, 2018

Issue: Edward & Mary Ryan have submitted a request to extend their preliminary plat and dock variance approval an additional two years. The preliminary plat and dock variance approval is set to expire on November 17, 2018.

Background: The preliminary plat and dock variance for the Highlands on Whaletail Lake was originally approved in November of 2008. Since that time, there have been five extension requests made to the City Council which all have been approved. The applicants wish to extend the approval an additional two years to November of 2020.

Conclusion: The preliminary plat is an 11 lot cluster development. Cluster developments are allowed in AP – Agriculture Preservation zoning district if the property is located east of County Road 92. The property proposed for development is 2300 County Road 92, which is zoned AP and located on the east side of County Road 92. Given the fact that City Code has not changed with respect to the preliminary plat approval and five previous extensions have been granted, Staff would support this extension request. If approved, the extension would give the applicants until November 17, 2020 to apply for final plat approval.

Recommended City Council Action: Motion to adopt a Resolution No. 63-18 approving a two year extension to preliminary plat and dock variance approval for the Highlands on Whaletail Lake.

Item 4f

9000

2400

2565

2585

9199 2501

2201

1815

1835

8425

84858565

2300

18201805

Coun

ty Hw

y 92

Nike Rd

W Highland RdHi

ghlan

d Rd

Ambjo

r Ln

²2300 CO RD 92,Minnetrista MN

1 inch = 667 feet


CITY OF MINNETRISTA

RESOLUTION APPROVING A TWO YEAR EXTENSION TO PRELIMINARY PLAT AND DOCK VARIANCE APPROVAL FOR THE HIGHLANDS ON WHALETAIL

LAKE FOR EDWARD AND MARY RYAN

WHEREAS, the City of Minnetrista is a municipal corporation, organized and existing under the laws of the State of Minnesota; and

WHEREAS, the City Council of the City of Minnetrista has adopted zoning and subdivision regulations, per Chapter 5 of the Municipal Code, to promote the orderly, economic and safe development and utilization of land within the City; and

WHEREAS, Edward and Mary Ryan (the “Applicants”) have requested an additional two year extension to their preliminary plat and dock variance approval (the “Approval”) located at 2300 County Road 92 (the “Property”); and

WHEREAS, the City Council originally granted the Approval to the Applicants on November 5, 2008, and the Approval was valid for one year, until November 5, 2009; and

WHEREAS, the City Council approved an extension to the Approval on August 3, 2009 until November 5, 2010; and

WHEREAS, the City Council approved a second extension to the Approval on May 17, 2010 until November 17, 2012; and

WHEREAS, the City Council approved a third extension to the Approval on May 21, 2012 until November 17, 2014; and

WHEREAS, the City Council approved a fourth extension to the Approval on July 21, 2014 until November 17, 2016; and

WHEREAS, the City Council approved a fifth extension to the Approval on March 7, 2016 until November 17, 2018; and

WHEREAS, market conditions do not allow the Property to be developed in accordance with the Approval at this time; and

WHEREAS, zoning and subdivision regulations have not changed with respect to the Approval; and

WHEREAS, the Applicants are requesting this extension in April because, if denied, the Applicants would have time to submit a final plat application.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Minnetrista hereby approves the preliminary plat approval and dock variance extension for the Highlands on Whaletail Lake, allowing the applicants two additional years, until November 17, 2020, to submit for final plat approval.

This resolution was adopted by the City Council of the City of Minnetrista on this 16th day of April, 2018 by a vote of ____ Ayes and ____ Nays.

Lisa Whalen, Mayor ATTEST:


(SEAL)

Res. No. 63-18 ; 2018.04.16Approve Extension of Preliminary PlatHighlands on Whaletail Lake

_____________________________________________________________________________

Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

CITY OF MINNETRISTA

BUSINESS / DISCUSSION ITEM

Subject:

Prepared By:

Meeting Date:

Resolutions approving agreements regarding Lotus Drive

David Abel, Community Dev. Director Ron Batty, City Attorney Paul Hornby, City Engineer

April 16, 2018

Issue: The city council is being asked to enter into two separate agreements regarding improvements to Lotus Drive. The first is a cooperative agreement between the city and the metropolitan council through its environmental services division (MCES). The cooperative agreement is a mechanism for the construction of the MCES improvements to occur under the Lotus Drive improvement project. The second is an infrastructure construction agreement between the city and Mattamy Minneapolis LLC. The agreements attached to this report outline the responsibilities of the parties involved with respect to the improvements as defined throughout the agreements.

Background: The master development agreement entered into by the city and Woodland Cove in April, 2012 provided, among other things, for the construction of certain improvements to Lotus Drive in conjunction with the first phase of the development that abuts Lotus Drive or in which the Lotus Drive alignment is changed. That requirement was triggered at the time of Woodland Cove 2nd Addition but the developer, Woodland Cove and the city, agreed to postpone the Lotus Drive project until Woodland Cove 3rd Addition in order to allow coordination with other public improvements to be constructed in the vicinity. The developer recognizes that the Lotus Drive Project must be completed in conjunction with the completion of other public improvements.

Along with this agreement, the city will also enter into a cooperative agreement with MCES, whereby the city, through the developer (Mattamy), would also reconstruct certain portions of the MCES force main located in Lotus Drive.

Conclusion: There is no direct fiscal impact on the city as a result of the agreements but the required letter(s) of credit will ensure against adverse financial consequences to the city in the case of default by Mattamy.

Recommended City Council Action: Motion to adopt resolutions approving both agreements.

Item 6a i & ii

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CITY OF MINNETRISTA

RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF MINNETRISTA AND THE

METROPOLITAN COUNCIL FOR THE CONSTRUCTION OF LOTUS DRIVE AND THE ST. BONIFACIOUS L24 FORCE MAIN

WHEREAS, the city of Minnetrista (the “City”) is a municipal corporation, organized and existing under the laws of the state of Minnesota and the Metropolitan Council (the “Council”), is a public corporation and political subdivision of the state of Minnesota; and

WHEREAS, the City has entered into a development agreement associated with the development of Woodland Cove 3rd Addition, whereby the developer, Mattamy Minneapolis, LLC (the “Developer”), is required to reconstruct certain portions of Lotus Drive; and

WHEREAS, the Council has included the reconstruction of its force main located under Lotus Drive in its long-range planning, but does not have the ability to reconstruct such improvement at the time that the Developer will reconstruct Lotus Drive; and

WHEREAS, the City, the Council and the Developer have agreed that it is in the public interest that both projects be constructed at the same time; and

WHEREAS, the City and the Developer have agreed that the Developer shall be responsible for constructing both Lotus drive and the Council’s force main project, pursuant to the terms of both a cooperative agreement between the City and the Council and an infrastructure agreement between the City and the Developer; and

WHEREAS, the terms of the cooperative agreement provide for the Council’s participation in both plan design and cost allocation throughout the term of the reconstruction of the Council’s force main.

NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Minnetrista as follows:

1. The mayor and city clerk are hereby authorized and directed to execute thecooperative agreement attached hereto as Exhibit A.

2. The city staff and consultants are authorized and directed to take all actionsnecessary or convenient to facilitate the City’s participation in the cooperativeagreement.

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The foregoing resolution was adopted by the city council of the city of Minnetrista on this 16th day of April, 2018 by a vote of _____ ayes and _____ nays.

_________________________________ Lisa Whalen, Mayor

ATTEST:

____________________________________ Kris Linquist, City Clerk

(SEAL)

Res. No. 64-18; 2018.04.16Cooperative Agreement with MCES - Lotus Drive Project

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EXHIBIT A

Cooperative Agreement

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CITY OF MINNETRISTA

RESOLUTION APPROVING AN INFRASTRUCTURE AGREEMENT BETWEEN THE CITY OF MINNETRISTA AND MATTAMY

MINNEAPOLIS, LLC FOR THE CONSTRUCTION OF LOTUS DRIVE AND THE ST. BONIFACIOUS L24 FORCE MAIN

WHEREAS, the city of Minnetrista (the “City”) is a municipal corporation, organized and existing under the laws of the state of Minnesota and Mattamy Minneapolis, LLC (the “Developer”), a limited liability company formed under the laws of the state of Delaware; and

WHEREAS, the City has entered into a development agreement associated with the Development of Woodland Cove 3rd Addition, whereby the Developer is required to reconstruct certain portions of Lotus Drive; and

WHEREAS, the City has also entered into a cooperative agreement with the Metropolitan Council (the “Council”) regarding reconstruction of certain portions of the Council’s L24 force main located under Lotus Drive;

WHEREAS, the City, the Council and the Developer have agreed that it is in the public interest that both projects be constructed at the same time; and

WHEREAS, the City and the Developer have agreed that the Developer shall be responsible for constructing both Lotus drive and the Council’s force main project, pursuant to the terms of both a cooperative agreement between the City and the Council and an infrastructure agreement between the City and the Developer; and

WHEREAS, the terms of the cooperative agreement between the City and the Council provide for the Council’s participation in both plan design and cost allocation throughout the term of the reconstruction of the Council’s force main.

NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Minnetrista as follows:

1. The mayor and city clerk are hereby authorized and directed to execute theinfrastructure agreement attached hereto as Exhibit A.

2. The city staff and consultants are authorized and directed to take all actionsnecessary or convenient to facilitate the City’s participation in the infrastructureagreement.

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The foregoing resolution was adopted by the city council of the city of Minnetrista on this 16th day of April, 2018 by a vote of _____ ayes and _____ nays.

_________________________________ Lisa Whalen, Mayor

ATTEST:

____________________________________ Kris Linquist, City Clerk

(SEAL)

Res. No. 65-18; 2018.04.16Infrastructure Agreement with Mattamy - Lotus Drive Project

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EXHIBIT A

Infrastructure Agreement

EXECUTION COPY

INFRASTRUCTURE CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF MINNETRISTA

AND

MATTAMY MINNEAPOLIS, LLC

This document drafted by:

Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 (AMB)

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TABLE OF CONTENTS PAGE

1. Right to Proceed ................................................................................................................2 2. Plans; Improvements .........................................................................................................2 3. Erosion Control .................................................................................................................3 4. Site Grading ......................................................................................................................3 5. Construction of Improvements .........................................................................................3 6. Construction of Council Project........................................................................................5 7. Letter of Credit ..................................................................................................................6 8. Developer’s Default ..........................................................................................................8 9. Insurance ...........................................................................................................................8 10. Responsibility for Costs; Escrow for Construction Inspection .........................................8 11. Clean up and Dust Control ................................................................................................9 12. Compliance with Laws .....................................................................................................9 13. Agreement Runs With the Land .......................................................................................9 14. Indemnification .................................................................................................................915. Assignment .......................................................................................................................9 16. Notices ............................................................................................................................10 17. Severability .....................................................................................................................10 18. Non-waiver .....................................................................................................................10 19. Counterparts ....................................................................................................................1020. Force Majeure .................................................................................................................10

SIGNATURES ...................................................................................................................... 12-13

EXHIBIT A LIST OF IMPROVEMENT PLAN DOCUMENTS EXHIBIT B IMPROVEMENTS COST ESTIMATE FOR LETTER OF CREDIT EXHIBIT C COOPERATIVE AGREEMENT

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This Infrastructure Construction Agreement (the “Agreement”) is made and entered into this ____ day of ________________, 2018, by and between the city of Minnetrista, a municipal corporation under the laws of Minnesota (the “City”), and Mattamy Minneapolis LLC, a limited liability company formed under the laws of the state of Delaware (the “Developer”).

WITNESSETH:

WHEREAS, the Developer is developing the property generally known as the Woodland Cove development (the “Development Property”) pursuant to a master development agreement (the “Master Development Agreement”) entered into by the City, Woodland Cove II, LLC, and Woodland Cove, LLC, a limited liability company formed under the laws of the state of Minnesota, who is the master developer of the Woodland Cove project; and

WHEREAS, Woodland Cove II, LLC was later consolidated into Woodland Cove, LLC, who thereafter entered into an assignment agreement with the Developer to developer certain portions of the property, including Woodland Cove, 3rd Addition; and

WHEREAS, Woodland Cove, LLC was originally required, pursuant to the Master Development Agreement, to reconstruct certain portions of Lotus Drive (the “Property”) contemporaneous to the construction of Woodland Cove, 2nd Addition, but the City allowed an extension of such obligation to such time as Woodland Cove 3rd Addition received final approval, which approvals were granted by the City on November 6, 2017; and

WHEREAS, Woodland Cove, LLC, has assigned its rights and obligations with respect to Woodland Cove 3rd Addition, including the obligation to reconstruct certain portions of Lotus Drive, to the Developer;

WHEREAS, the Developer has entered into a Subdivision Agreement regarding Woodland Cove 3rd Addition (the “Subdivision Agreement”) with the City, which Subdivision Agreement in Section 8 outlines the responsibilities of the Developer with respect to the reconstruction of Lotus Drive; and

WHEREAS, the Subdivision Agreement requires that the Developer shall be responsible for the reconstruction of certain portions of Lotus Drive pursuant to the Master Development Agreement; and

WHEREAS, the City has also entered into a cooperative agreement (the “Cooperative Agreement”) with the Metropolitan Council, through its Environmental Services Division, MCES (the “Met Council” or the “Council”), a public corporation and political subdivision of the state of Minnesota, whereby the City, through the Developer, would also reconstruct certain portions of the Council’s force main located in the general area of Lotus Drive; and

WHEREAS, the City and the Developer hereby wish to enter into this Agreement to outline the responsibilities of the parties hereto with respect to the Improvements, as hereinafter defined.

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NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows:

1. Right to Proceed. a) This Agreement is intended to regulate the reconstruction ofLotus Drive between Co. Rd. 44 and Woodland Cove 2nd Addition within the City (the “City Project”) and the reconstruction of the force main located thereunder (individually, the “Council Project” and collectively, the “Improvements”). The Developer may not construct such Improvements until all the following conditions precedent have been satisfied:

1) this Agreement has been executed by the Developer and the City;2) a cooperative agreement has been entered into by the City and the

Metropolitan Council;3) the required Letter of Credit (as hereinafter defined) has been received by

the City from or on behalf of the Developer;4) final engineering and construction plans have been reviewed and approved

by the city engineer;5) the Developer has paid the City for all legal, engineering, and

administrative expenses incurred by the City regarding this Agreement,including the drafting and negotiation of this Agreement;

6) the Developer has deposited with the City the additional constructionobservation escrow required by this Agreement;

7) the Developer has received all required permits from the Minnehaha CreekWatershed District, Minnesota Pollution Control Agency, Three RiversPark District, Hennepin County, the Minnesota Department ofTransportation, the Metropolitan Council and any other permitting entityhaving jurisdiction;

8) the Developer or the Developer’s engineer has initiated and attended apreconstruction meeting with the City engineer and staff; and

9) the City has issued a notice (the “City Commencement Notice”) that allsuch conditions precedent have been satisfied and that the Developer mayproceed.

2. Plans; Improvements. a) The Developer agrees to construct the Improvements ina manner that is materially in accordance with the approved engineering and construction plans which are on file with the City and are listed on Exhibit A attached hereto (collectively, the “Plans”). The Plans may not be materially modified by the Developer without the prior written approval of the City and/or the Council.

b) The estimate of the costs associated with the Improvements attached hereto asExhibit B includes a general outline of the construction of the Improvements and the estimated costs thereof (“Improvement Costs”). In any event, all Improvements, with the exception of the final wear course of asphalt, must be completed no later than the later of (i) December 31, 2018, or (ii) a date six (6) months after receipt by the Developer of the City Commencement Notice, in either case, subject to delays due to casualty, act of nature, labor strikes, material shortage, act of vandalism, or terrorism, civil disorder, discovery of environmental contamination on or under the subject property (to the extent not initially released or caused by Developer, its agents,

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employees, or contractors), or other causes beyond the reasonable control of Developer (collectively, “Force Majeure”) or to delays caused by the act or negligence of the City or the Council and their representatives.. The final wear course of asphalt shall be installed no later than July 1, 2019.

c) All work performed by or on behalf of the Developer related to construction ofthe Improvements shall be restricted to the hours of 7:00 a.m. through 7:00 p.m., Monday through Friday and 8:00 a.m. through 6:00 p.m. on Saturday. No work shall occur on Sunday.

3. Erosion Control. a) All construction of the Improvements shall be conducted in amanner designed to control erosion and in compliance with all City ordinances and other requirements, including the City’s permit with the Minnesota Pollution Control Agency regarding municipal separate storm sewer system program. Before construction of the Improvements begins, an erosion control plan shall be implemented by the Developer as approved by the City. The City may impose additional erosion control requirements after the City’s initial approval if the City deems such measures reasonably necessary due to a change in conditions. All areas disturbed by the grading shall be reseeded promptly after the completion of the work in that area unless the construction improvements is anticipated immediately thereafter. Except as otherwise provided in the erosion control plan, seed shall provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion.

b) If the Developer does not comply with the erosion control plan and schedule orsupplementary instructions received from the City, the City may take such action as it deems reasonably appropriate to control erosion based on the urgency of the situation. The City will make a good faith effort to notify the Developer in advance of any proposed action, including by telephone or email in the case of emergencies, but failure of the City to do so will not affect the Developer’s obligations or the City’s rights hereunder.

c) The Developer agrees to reimburse all expenses incurred by the City inconnection with such actions. The erosion control measures specified in the Plans or otherwise required on the Property shall be binding on the Developer and its successors and assigns.

4. Site Grading. a) All site grading must be done in compliance with the Plans,including the erosion control plan. Within 30 days after completion of the grading, the Developer shall provide the City with an “as constructed” grading plan and a certification by a registered land surveyor or engineer.

5. Construction of Improvements. a) All Improvements shall be constructed inaccordance with the Plans, the City’s engineering standards (as hereinafter defined), and the requirements of the reports from the city engineer. The Developer shall obtain any necessary permits from the Minnesota Pollution Control Agency, Minnehaha Creek Watershed District, Three Rivers Park District, Hennepin County, MnDOT, the Metropolitan Council and any other agency having jurisdiction over the Property before proceeding with construction. The City shall inspect all work at the Developer’s expense. The Developer, its contractors, and subcontractors,

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shall follow all instructions received from the City’s inspectors regarding compliance with the plans and specifications for the Improvements, with City code requirements or with the City’s or Council’s engineering standards. Prior to beginning construction, the Developer or the Developer’s engineer shall schedule a preconstruction meeting with all parties concerned, including the City and Council staff and engineers, to review the program for the construction work.

b) Within 30 days after the completion of the Improvements, the Developer shallsupply the City with a complete set of reproducible “as constructed” plans and three complete sets of paper “as constructed” plans, each prepared in accordance with City standards and in AutoCADD format based on Hennepin County coordinates.

c) The Developer agrees to require its contractor to provide to the City and/or theCouncil with sufficient warranty bonds for the Improvements described in this Agreement which are to be accepted by the City and/or Council as public improvements, with such bonds covering defects in labor and materials for the Improvements for a period of two years from the date of their acceptance by the City and/or Council. During such period, the Developer agrees to repair or replace any Improvement, or portion or element thereof, which shows signs of failure, normal wear and tear excepted. A decision regarding whether an Improvement shows signs of failure shall be made by the City in the reasonable exercise of its judgment following consultation with the Developer. If the defective Improvement is not repaired or replaced by means of the warranty bond or if the Developer otherwise fails to repair or replace a defective Improvement during the warranty period after written notice to the Developer and opportunity to cure (not to be less than 30 days except in the case of a bona fide emergency, in which case the applicable cure period may be reasonably limited by the City so long as the applicable cure period is stated in the City’s notice to Developer), the City may repair or replace the defective portion and may use the Letter of Credit, as hereinafter defined, to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the reasonable cost of all Improvement repairs or replacement if the cost thereof exceeds the remaining amount of the Letter of Credit. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this section.

d) The Developer intends to reconstruct, widen, and pave that portion of the LotusDrive which is currently gravel and which is generally located to the west of Trillium Way, to the north of Highway 7, to the east of Woodland Cove Parkway, and to the South of South Bay Drive, within the city of Minnetrista. The Developer also intends to excavate and replace the force main system generally located under that portion of Lotus Drive described herein. The Developer shall reconstruct such Improvements in accordance with the Plans. Upon completion of the construction of such Improvements, the City and/or Council intend to accept them as public improvements.

e) The Developer agrees to pay to the City $14,700.00 at the time of execution ofthis Agreement as an escrow towards seal coating such portions of Lotus Drive. The escrow shall be used by the City to seal coat the street once within five years after completion. The City agrees to return to the Developer, without interest, any amount of the escrow in excess of the

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cost of the first seal coating within 60 days of completion of the seal coating or, if not expended, as of a date five (5) years after completion.

6. Construction of Council Project. a) The Developer acknowledges that the City

and the Council shall be required to enter into the Cooperative Agreement for the construction of the Council Project prior to this Agreement becoming effective. The terms of the Cooperative Agreement provide that the City must include certain terms and conditions in this Agreement. The Cooperative Agreement is attached hereto as Exhibit C, and the terms contained therein are incorporated herein by reference.

b) The Developer shall solicit bids for the construction of the Improvements.

The Developer shall ensure that only those contractors which have been previously approved by the Council to complete projects in 2018 are eligible for award of a contract. The Developer must secure at least three (3) responsive bids from qualified contractors, as outlined herein. The Developer shall not be required to utilize the same contractor for both the Council and City project. However, the City and the Council shall each be given an opportunity to review and approve a contractor before a contract is awarded. The City and the Council shall have 30 days, from the time they receive written notice from the Developer of the lowest responsible bid, to review and object, in writing, to any particular contractor. If no written objection is made, the Developer shall be entitled to enter into a contract with the lowest qualified bidder to which the City and/or Council did not so object. Notwithstanding the foregoing, the City represents that Minger Construction has been selected as the contractor and is acceptable to both the City and the Council as the contractor for both the City Project and the Council Project.

c) The Developer shall permit the Council’s authorized representative, whose

identity shall be provided to the Developer in writing, to observe all work during the construction of the Council Project. The Council’s authorized representative shall have no responsibility for directing or supervising the Council Project. The Council’s authorized representative shall be available at all reasonable times during the construction of the Council Project to the Developer.

d) The parties shall cause the Council Project to be inspected from time to time in

accordance with Article V, Section 5 of the Cooperative Agreement. Any portion of the Council Project which is deemed finally completed and accepted in accordance with said Article V, Section 5 shall be deemed completed and accepted for purposes of this Agreement. However, in the event that the Council Project is determined to not be substantially in conformance with the approved Plans therefor, the Council, through the City, shall provide written notice of such non-conformity, along with written instructions for correcting such deficiency. The Developer shall be given thirty (30) days to correct any such deficiencies, in accordance with the written instruction of the Council, or if such correction cannot reasonably be completed within thirty (30) days, such additional time as shall be reasonably necessary to accomplish the same so long as Developer initiates efforts to correct the deficiency within thirty (30) days and thereafter proceeds with reasonable diligence to complete such correction. Notwithstanding the foregoing, any disputes as to whether the Council Project was constructed substantially in conformance with the approved Plans therefor shall be resolved in accordance with the dispute resolution process contained in the Cooperative Agreement.

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e) The Developer agrees that the City may request written changes to the Council construction documents as required. The City may, from time to time, provide written notice to the Developer regarding changes to the Council construction documents. Except as otherwise set forth in this paragraph below, the Developer shall seek in good faith an amendment to Developer’s contract with its contractor to incorporate such changes into the Council Project. To the extent that such changes result in changes to the contract price, the City shall provide written notice to the Developer of the change in contract price associated with the changes, at the time the City provides notice of the changes. To the extent that there is a dispute over the change in contract price for any such changes, the City shall invoke the dispute resolution process contained in the Cooperative Agreement, on behalf of the Developer, to resolve such dispute. In addition, no change in the scope of the Project which would increase the time of performance thereof or delay completion of the Council Project shall be binding on Developer unless Developer consents thereto in writing.

f) The Developer shall provide the City with updated cost estimates for the

Improvements upon awarding of the Contract. g) The Developer shall promptly pay its contractor for all work completed

hereunder. The Developer shall submit written monthly statements to the City which show the itemized construction costs associated with the Improvements. The City and the Council shall review such statements and shall, within 14 days, provide any disputes, in writing, to the Developer (a “Project Dispute Cost Notice”). Neither the City nor the Council shall issue a Project Dispute Cost Notice for any matter or item which is consistent with the approved Plans and the project budget approved by the City and Council. If neither the City nor the Council issues a Project Cost Dispute Notice within such 14 day period, then the City shall pay to the Developer, within thirty (30) days thereafter, the amount shown on the monthly statement as being due in connection with the Council Project. If only a portion of a monthly statement is disputed, the City shall pay the undisputed portion within 30 days after receipt of such monthly statement and shall pay the disputed portion upon resolution of the dispute. The Developer shall also prepare and deliver an updated cost participation breakdown upon substantial completion of the Improvements. Such breakdown shall show an itemized accounting for the costs associated with the City and Council Projects, respectively.

h) The Developer acknowledges that the Council shall be entitled to the same

warranties and maintenance obligations with respect to the Council Project as those provided to the City with respect to the City Project. The Developer shall ensure that its contractor provide the necessary warranty or maintenance requirements which shall benefit the Council with respect to the Council Project. To the extent that any surety or other entity prohibits the transfer of such obligations, the Developer shall ensure that its contractor obtain the necessary policies or coverages to ensure adequate warranty and maintenance coverage as required herein.

7. Letter of Credit. a) In order to ensure completion of the Improvements required by this Agreement and satisfaction of all fees due to the City related to construction of such Improvements, the Developer agrees to deliver to the City prior to issuance of a right to proceed letter a letter of credit (the “Letter of Credit”) in the amount of $838,818.00 which represents 150 percent of the estimated cost of the Improvements (excluding the cost of the Council Project)

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which the City would require to be completed upon default by the Developer. This amount represents the maximum risk exposure for the City, based on the anticipated sequence of construction and the estimated cost of each element of the Improvements, rather than on the aggregate cost of all required Improvements. The Letter of Credit shall be delivered to the City prior to issuance of a right to proceed letter for the Property and shall include customary automatic renewal language applicable until released by the City pursuant to the terms of this Agreement. The itemized costs of the Improvements are estimated on Exhibit B attached hereto. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the Improvements, and to pay any fees or costs related to the Improvements due to the City by the Developer, provided, however, that the City shall not draw upon the Letter of Credit for any default by the Developer hereunder unless the City has given written notice to the Developer of such default and Developer has failed to cure such default within thirty (30) days thereafter.

b) The City agrees to release or reduce the Letter of Credit upon substantial

completion of the Improvements, or material portions thereof, and satisfaction of all of the Developer’s financial obligations due to the City pursuant to the terms of this Agreement. In order to ensure the Letter of Credit is sufficient to allow completion or repair of the Improvements within two years of their completion, the City may maintain the Letter of Credit at an amount reasonably adequate to provide for such contingency.

c) Prior to releasing any portion of the Letter of Credit or accepting another letter of

credit in replacement, the City shall first be satisfied regarding the quality and completeness of the construction or work and that the Developer has taken such steps as may be necessary to ensure that no mechanics or material liens will attach to the Improvements. Notwithstanding anything herein to the contrary, the Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases the entire Letter of Credit.

d) If at any time the City determines that the bank issuing the Letter of Credit no

longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 30 days a substitute Letter of Credit from another bank meeting the City’s requirements. If the Developer fails to provide the City with a substitute Letter of Credit from an issuing bank satisfactory to the City within 30 days, or such shorter period as may be necessary to ensure there remains a valid letter of credit available to the City, the City may draw under the existing Letter of Credit.

e) In addition to the Letter of Credit required herein, the Developer shall provide a

performance and payment bond, each in an amount at least equal to the total price of the Council Project, as security for the faithful performance and payment of all of the Developer’s obligations under this Agreement. Such bonds shall be furnished in a form acceptable to the City. These bonds shall remain in effect until one year after the date when final payment becomes due, or upon expiration of any periods to cure provided herein, whichever is later, except as otherwise provided by law or regulation. The Developer shall obtain such bonds from a surety licensed to do business in the state of Minnesota.

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f) If the surety on a bond furnished by the Developer is declared bankrupt or becomes insolvent, or its right to do business is terminated in the state of Minnesota, or the surety ceases to meet the requirements above, then the Developer shall notify the City and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.

8. Developer’s Default. a) In the event of default by the Developer as to

construction or repair of any of the Improvements, the City shall provide written notice of such default to the Developer. If the Developer fails to cure such default within thirty (30) days thereafter, the City may, at its option, perform the work necessary to cure such default and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Property for such purposes. b) In the event that the Developer fails to complete the construction of Lotus Drive pursuant to the terms of this Agreement, the City shall not be required to issue building permits for any development associated with Woodland Cove 3rd Addition.

9. Insurance. The Developer or its contractor(s) shall take out and maintain or cause

to be taken out and maintained until six months after the City has accepted the Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer’s work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for any number of claims arising out of a single occurrence. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer or its contractor.

10. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for its reasonable costs and expenses incurred with relation to this project, including the drafting and negotiation of this Agreement. The Developer agrees to reimburse the City in full for such reasonable costs within 30 days after notice in writing by the City. The Developer agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys’ fees. b) The Developer shall also pay a fee for City construction observation and administration relating to construction of the Improvements. Construction observation shall include inspection of all of the Improvements. In order to reimburse the City for the cost of inspection of the Improvements, the Developer shall deposit $142,400 into an escrow account with the City, which shall receive and hold such funds solely under the terms of this Agreement. If any funds held under this escrow exceed the amount necessary to reimburse the City for its costs under this subparagraph, such funds shall be returned to Developer without interest. If it appears that the actual costs incurred for construction observation will exceed the estimate, the Developer and the City shall review the costs required to complete the project and the Developer

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shall deposit additional sums with the City. An additional construction escrow shall be calculated and required before the Developer may initiate each future phase.

11. Clean up and Dust Control. The Developer shall daily clean dirt and debrisresulting from construction work by the Developer, its contractors, agents, or assigns. Prior to any construction on the Property, the Developer shall identify to the City in writing a responsible party for erosion control, street cleaning, and street sweeping. The Developer shall provide dust control to the satisfaction of the City’s engineer throughout construction on the Property.

12. Compliance With Laws. The Developer agrees to comply with all laws,ordinances, regulations and directives of the state of Minnesota, Hennepin County, and the City applicable to the Property. This Agreement shall be construed according to the laws of Minnesota. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits for the Property.

13. Indemnification. The Developer hereby agrees to indemnify and hold the Cityand its officers, employees, and agents harmless from claims made by third parties for damages sustained or costs incurred resulting from any wrongful act or negligence of the Developer, its agents, employees, or contractors, taken pursuant to this Agreement. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys’ fees, except matters involving procedural errors in violation of law or acts of negligence by the City, its agents, employees, or contractors. Such indemnity shall also apply to any claims which are made against the Metropolitan Council, through its MCES, which claims arise out of or by reason of the wrongful or negligent acts or omissions of the Developer, its officers, employees, agents, or subcontractors.

14. Assignment. The Developer may not assign this Agreement without the priorwritten permission of the City, and such permission shall not be unreasonably withheld.

15. Notices. Any notice or correspondence to be given under this Agreement shall bedeemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail, return receipt requested:

a) as to Developer: Mattamy Minneapolis LLC 7201 Washington Avenue South Edina, MN 55439 Attn: David von Ruden

with a copy to Leslie C. Candes 4901 Vineland Road Suite 450 Orlando, FL 32811

520885v1 AMB MN415-283 A-12

b) as to City: City of Minnetrista 7701 County Road 110 W Minnetrista, MN 55364 Attn: City Administrator

with a copy to: Ronald H. Batty, City Attorney Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this Section. The Developer shall notify the City if it changes its name or address.

16. Severability. In the event that any provision of this Agreement shall be held invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement.

17. Non-waiver. Each right, power or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default.

18. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement.

19. Force Majeure. Whenever a period of time is herein prescribed, for action to be

taken by the City or the Developer, the City or the Developer shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any unavoidable delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations, or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of the parties, including without limitation, inclement conditions and delays in the issuance of permits and approvals. However, this provision shall not apply to any delay caused, in whole or in part, by the Developer’s failure to apply for or diligently pursue all necessary government approvals required under this Agreement.

20. Independent Contractor. The parties hereby acknowledge that the Developer is an

independent contractor for the purposes of completing all work under this Agreement. The

520885v1 AMB MN415-283 A-13

Developer is solely responsible for all claims arising from its employees including claims under the Worker’s Compensation Act, the Minnesota Economic Security Law and all third-party claims resulting from any act or omission of any employee.

**********************

520885v1 AMB MN415-283 A-14

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written.

CITY OF MINNETRISTA

By: ______________________________ Lisa Whalen, Mayor

By: ______________________________ Kris Linquist, City Clerk

STATE OF MINNESOTA ) ) ss.

COUNTY OF HENNEPIN )

The foregoing instrument was acknowledged before me this ___ day of ___________, 2018, by Lisa Whalen and Kris Linquist, the mayor and city clerk, respectively, of the city of Minnetrista, a Minnesota municipal corporation, on behalf of the municipal corporation.

____________________________________ Notary Public

520885v1 AMB MN415-283 A-15

MATTAMY MINNEAPOLIS, LLC

By:_______________________________ Its: _______________________________

STATE OF MINNESOTA ) ) ss.

COUNTY OF _________ )

The foregoing instrument was acknowledged before me this ___ day of ____________, 2018, by _______________, the ___________________ Mattamy Minneapolis LLC, d/b/a Mattamy Homes, a limited liability company formed under the laws of the state of Delaware, on behalf of such company.

____________________________________ Notary Public

520885v1 AMB MN415-283 A-16

EXHIBIT A TO INFRASTRUCTURE AGREEMENT

LIST OF IMPROVEMENT PLAN DOCUMENTS

[TO BE INSERTED]

520885v1 AMB MN415-283 A-17

EXHIBIT B TO INFRASTRUCTURE AGREEMENT

Improvements Cost Estimate for Letter of Credit

[TO BE INSERTED]

520885v1 AMB MN415-283 A-18

EXHIBIT C TO INFRASTRUCTURE AGREEMENT

[TO BE INSERTED]

Mission Statement:

The City of Minnetrista will deliver quality services in a cost effective and innovative

manner and provide opportunities for a high quality of life while protecting natural

resources and maintaining a rural character.

CITY OF MINNETRISTA


Subject: Proposal for Professional Construction Engineering Services

Lotus Drive Improvements as part of the Woodland Cove 3rd Addition

Prepared By: Paul Hornby, City Engineer


Issue: Accept professional services proposal for construction engineering services for the Lotus

Drive Improvements as Part of the Woodland Cove 3rd Addition public improvements.

Background:

The City previously approved the Woodland Cove 3rd Addition Development and by the

development master agreement, the developer is required to construct the improvements

to Lotus Drive with this 3rd addition. Staff has worked with the Metropolitan Council

(MCES) to construct a portion of the St. Bonifacius interceptor system with the Lotus

Drive improvements. Constructing the MCES project with Lotus Drive reduces the risk

of the MCES excavating a new roadway after the developer constructs it, reduces

inconvenience to the neighborhood by major construction occurring once in this area, and

allows the full closure of Lotus Drive during construction.

The improvements to Lotus Drive include:

1. Reconstruction of a rural roadway 22 feet in width to the city standard street

section with improved subgrade

2. Center islands at Trillium Way, approved as part of Woodland Cove

3. Watermain extension from the east boundary of Woodland Cove, connecting to

the watermain at Well No. 4

4. Construction of the Metropolitan Council St. Bonifacius interceptor sewer from

the east boundary of Woodland Cove to just east of CSAH 44

As a cooperative effort, staff have been working on agreements with the developer and

MCES to construct Lotus Drive and the MCES improvements as part of the same project.

The MCES had invested in the preliminary design of their facilities between Highland

Road and CSAH 44 over the past few years, and it is efficient and cost effective to have

them complete the design of their improvements in Lotus Drive and the street

reconstruction. The location map in this memorandum illustrates the location of the

improvements.

Item 6b

Mission Statement:

The City of Minnetrista will deliver quality services in a cost effective and innovative

manner and provide opportunities for a high quality of life while protecting natural

resources and maintaining a rural character.

The MCES consultant is Foth of Lake Elmo, Minnesota and staff recommends using Foth

for the construction phase services for construction observation, construction

management of the improvements, as they are engineer of record.

Foth has prepared a proposal for construction phase services which is enclosed with this

memorandum. The proposal is in the name of the City of Minnetrista because the

agreement with the MCES is with the City, not directly with the developer. Foth will be

assisted by the City Engineer as necessary with oversight of their staff on the project.

The developer will provide geotechnical materials testing and construction surveying for

the combined project. Foth proposes to provide services over a 3-month full-time basis

with project close-out in September, 2018. Fees are estimated at $118,380 for the work

described and timeframes as stated. WSB is estimating engineering oversight for on-site

meetings, construction progress meetings and general construction assistance to Foth in

the amount of $24,000. The developer is responsible to cover all city costs associated with construction of the improvements.

Conclusion: Staff is recommending Council approve the proposal for professional services from Foth

with WSB oversight as stated for the Lotus Drive Improvements as Part of the Woodland

Cove 3rd Addition.

Fiscal Impact: The proposed project will be funded by the developer for Woodland Cove 3rd Addition

(Mattamy Minneapolis LLC) and the MCES for their interceptor improvements. The

project has been bid by Mattamy and the total improvement cost is $1,741,383 split

between Mattamy and the MCES. All construction and indirect costs attributed to the “City” by agreement is to be reimbursed to the city by Mattamy Minneapolis.

Recommended City Council Action: Staff recommends approval of Resolution No. 66-

18 approving the professional services proposal with Foth with a not to exceed amount of

$118,380 and with oversight by the city engineer, estimated cost of $24000 for the

construction phase services for the combined Lotus Drive and MCES St. Bonifacius

Interceptor project.

Does Recommended Action meet City Mission Statement? Yes No

Does Recommended Action meet City Goals/Priorities? Yes No

Explain:

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Eagle Point II 8550 Hudson Blvd. North, Suite 105 Lake Elmo, MN 55042 (651) 288-8550 Fax: (651) 288-8551 www.foth.com

March 14, 2018

SENT VIA EMAIL

Mr. Paul Hornby City of Minnetrista Engineer 477 Temperance Street St. Paul, MN 55101 [email protected] RE: Proposal for Construction Administration and Inspection Services St. Bonifacius L24 Forcemain Improvements - Phase 1 MCES Project 808210

Lotus Drive Reconstruction Minnetrista Project 05-17 Dear Paul: Thank you for asking Foth Infrastructure & Environment, LLC (Foth) to submit a proposal to provide construction administration and inspection services for the joint St. Bonifacius Forcemain and Lotus Drive project referenced above. We understand that these services will be provided by Foth under the terms and conditions of a contract with the City of Minnetrista. Our full-time construction administrator and inspector for this project will be Jacob Lepisto. Jacob is a Civil Engineer with experience as a design engineer, an inspector and a surveyor. Recent inspection experience includes an airport expansion project in Faribault, a large parking lot reconstruction in Eagan and several MCES interceptor projects. Jacob has started acquiring MnDOT inspection certifications. He recently completed aggregate production and will complete Grading and Base I before the start of construction. Jacob also possesses an Erosion Control Site Management certification from the Minnesota Utility Contractors Association. A copy of his resume is attached for additional information about his background and previous experience. Part-time project management and administrative support for Jacob will be provided by Bill Johnson and Roni Oman. Bill will serve as the Project Manager and Roni will be the Project Accountant for the project. Bill will make sure that Jacob has the information and tools necessary to successfully perform the inspection duties and Roni will handle project set-up and billing.

Mr. Paul Hornby City of Minnetrista Engineer March 14, 2018 Page 2


Project Understanding

The construction scope of work for the St Bonifacius L24 / Lotus Drive Reconstruction project includes construction of a new dual pipe forcemain and reconstruction of approximately 3000 LF of the 2-lane Lotus Drive. Construction administration including shop drawing review is anticipated to start in April 2018 with full-time inspection commencing in May. We estimate that most of the construction will be completed in 12 weeks with another 4 weeks required for restoration and clean-up. Scope of Services

Foth proposes to provide the following inspection and construction support services:

Project management and administration.

Review contractor submittals.

Prepare Field Orders and Change Orders.

Coordinate utility and agency meetings.

Participate in weekly construction progress meetings.

Participate in safety inspections and meetings. Document and immediately report unsafe construction activities, practices, and/or unsafe conditions.

Observe the work for compliance with contract requirements using conformed contract documents, up to date Field Orders, Change Orders, clarifications resulting from RFI responses, and approved shop drawings.

Document daily construction activities using electronic inspection forms and digital photographs. Distribute documentation and reports daily via email.

Coordinate construction testing and survey.

Perform erosion and sediment control inspections.

Update drawings to reflect as-built conditions.

Track daily unit price quantities using Item Record Accounts (IRAs). Review contractor monthly pay claims based on IRA records.

Participate in substantial, and final completion inspections.

Prepare Record Drawings.

Perform other duties as assigned by the ENGINEER.

Mr. Paul Hornby City of Minnetrista Engineer March 14, 2018 Page 3


Cost Proposal

Foth will provide construction administration and inspection services for the St Bonifacius L24 / Lotus Drive Reconstruction project. Services will start approximately April 1 with part-time coordination and submittal review followed with full time, on-site inspection for 3 months from May through July. August will require part time inspection and various project close-out activities prior to the September 1, 2018 Substantial Completion date. Costs for these services shall be calculated on a time and material basis using the 2018 Foth Rate Schedule for the various staff required for the project. The mileage reimbursement will begin once the inspector has arrived on site and will not include mileage to and from the inspector’s home. A spread sheet detailing the cost estimate for this work is attached for your review. Based on the assumptions given in the Proposal Request, we estimate a total cost of $118,380 for construction administration and inspection services for the joint St. Bonifacius Forcemain and Lotus Drive project. This cost estimate can be considered a Not-to-Exceed cost. Agreement to Proceed

Foth will not proceed with any services until directed by the City of Minnetrista. If you have questions regarding our proposal, please call me at 651-288-8604. Sincerely, Foth Infrastructure & Environment, LLC Bill Johnson, P.E. Karen Erickson, P.E. Senior Technology Manager Resource Center Manager Attachment: Resume

Cost Estimate

Project Name: St. Bonifacius L24 Forcemain Improvements - Phase 1

MCES Project 808210

Lotus Drive Reconstruction

Minnetrista Project 05-17

COST ESTIMATE

March 14, 2018

Project Inspector

Jacob Lepisto

Project Manager

Bill Johnson

Project Accountant Roni Oman

CAD Technician

Paul WeidlerTotal Hours

Labor Costs Expenses

Total Costs

$118 $186 $75 $127

InspectionApril (25 hour/week) 100 100 11,800$ 11,800$ May - June (50 hour/week) 600 600 70,800$ 70,800$ August (25 hour/week) 100 100 11,800$ 11,800$ Project Administration5 Months 80 10 90 15,630$ 15,630$ Final DocumentationRecords Drawings/Final Reports 40 20 60 7,260$ 7,260$ Expenses80 Days x 25 Miles x $0.545 1,090$ 1,090$

TOTALS 840 80 10 20 950 $117,290 $1,090 $118,380

Classification: Staff Name

Hourly Labor Rate:

X:\MS\IE\Proposal\Minnetrista (City of)\Lotus Dr. Inspection\Cost Estimate 3-14-18.xls

JACOB LEPISTO, EIT, INSPECTOR

Jacob has a bachelor’s degree in civil engineering from the University of Minnesota Duluth. Jacob has 5 years of experience in project design, construction inspection, and site survey with a background in interceptor pipeline and lift station rehabilitation. Jacob has worked on projects including, but not limited to; trenchless sanitary sewer rehabilitation, open trench sewer installation, maintenance access structure rehabilitation and construction, as well as lift station rehabilitation and construction. Jacob is certified in CIPP Inspection, as well as SWPPP Design, and Erosion Control Site Management.

Relevant Experience

�� MCES - 1-GV-461 Relief Lift Station L-81. Served as on-site inspector for this project consisting of construction and operation of an above ground temporary wastewater conveyance system, soil solidification grouting, rehabilitation of existing sanitary sewer lines and manholes, installation of corrosion resistant maintenance access structures, caisson construction of the new lift station structure, as well as new gravity sewer and forcemain installation.

�� MCES – Backup Inspector. Served as back up on-site inspector for multiple MCES projects over the past 3 years. Covered inspection duties when the lead inspector was unavailable, as well as provided additional assistance when required. Projects include:• Burnsville Interceptor Rehabilitation.• Interceptor 7122 Phalen Rehabilitation.• RIS Airport & M130 Construction.• Seneca Area System Rehabilitation – Phase 3.

�� City of Faribault – Rehabilitate East Taxilane Pavement. Served as on-site inspector for this taxilane pavement rehabilitation project. Work consisted of improving site drainage, replacing and updating the existing storm sewer system, installing new subdrain, improving the taxilane’s aggregate base, and removing and replacing bituminous pavement.

�� City of Owatonna – Sanitary Lift Station Modifications: Bridge Street Lift Station. Served as on-site inspector for this lift station rehabilitation project consisting of an above ground temporary wastewater conveyance system, construction of a new valve vault, rehabilitation of the existing wet well, and the installation of new pumps and control panel.

�� Blue Cross Blue Shield – Parking Lot Rehabilitation. Served as on-site inspector for this pavement rehabilitation project consisting of aggregase base modification, draintile installation, new pavement construction, catch basin repair, mill and overlay, as well as concrete sidewalk work.

Total Years Experience: 5

PROFESSIONAL REGISTRATIONEngineer in Training, Minnesota

EDUCATIONBachelor of Science in Civil Engineering, University of Minnesota Duluth

CERTIFICATIONS�� University of Minnesota - Design of Construction SWPPP Certification�� MUCA – Erosion Control Site Management Certification�� NASSCO - ITC CIPP (Inspector Training and Certification for Cured in Place Pipe)

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CITY OF MINNETRISTA HENNEPIN COUNTY, MINNESOTA

A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR LOTUS DRIVE IMPROVEMENTS AS PART OF WOODLAND COVE 3RD ADDITION

WHEREAS, it is proposed to approve a professional services agreement for the construction services for the Lotus Drive Improvements as part of the Woodland Cove 3rd Addition, by Mattamy Minneapolis LLC. NOW THEREFORE, BE IT RESOLVED by the City Council of Minnetrista that the professional services agreement for the construction services for the Lotus Drive Improvements as part of the Woodland Cove 3rd Addition is approved. BE IT FURTHER RESOLVED by the City Council of Minnetrista that an agreement has been made between the City and Foth, to provide professional services for the construction of the Lotus Drive Improvements as part of the Woodland Cove 3rd Addition is approved with a not to exceed amount of $118,380 and with city engineer (WSB & Associates, Inc.) oversight, estimated cost of $24,000. This resolution was adopted by the City Council of the City of Minnetrista on the 16th day of April, 2018, by a vote of Ayes and Nays. Lisa Whalen, Mayor ATTEST: Kris Linquist, City Clerk (seal)

Mission Statement:

The City of Minnetrista will deliver quality services in a cost effective and innovative manner

and provide opportunities for a high quality of life while protecting natural resources and

maintaining a rural character.

CITY OF MINNETRISTA


Subject: Approve Change Order No. 1 - Enchanted Lane and Tuxedo Road Street

Improvements and Grand View Avenue Improvements (City Project No.

04-16 and 08-16)

Prepared By: Paul Hornby, City Engineer


Issue: Request for Council approval of Change Order No. 1 for the Enchanted Lane and Tuxedo Road

Street Improvements and Grand View Avenue Improvements (City Project No. 04-16 and 08-

16).

Background:

On August 21, 2017, the City of Minnetrista awarded the Enchanted Lane and Tuxedo Road

Street Improvements and Grand View Avenue Improvements (City Project No. 04-16 and 08-

16), to Valley paving, Inc. During construction, it was necessary to adjust the planned grading to

accommodate drainage on Enchanted Lane, Tuxedo Road and Grand View Avenue. A sign was

added to alert boaters that the Tuxedo Road lake access was closed and infiltration shields were

added to the Grand View Avenue sanitary sewer manholes.

Valley Paving submitted number of additional work orders which were reviewed, confirmation

of some of the work, rejection of some work orders in whole or in part, and transmittal of work

orders related to the Metropolitan Council project to their project manager. Additional grading

work was required after the initial grading to adjust the roadway profile to drain as intended.

The plan profile is adjusted during design to illustrate engineering profile grading, from survey

cross section points along the length of the roads. The profile is a best line fit along the roadway

length and field adjustments are necessary during design. Additional work is justified after the

initial grading has occurred, and the contractor is required to re-grade areas up or down. The

grading was also modified to remove subtle low points that did not have storm drains.

Engineering staff confirmed additional work to the city portion of the projects is $17,766.89,

work orders amounting to $7,669.43 were sent to the Metropolitan Council for direct payment to

the contractor, and an additional claim for $1,309 in additional engineering costs invoiced to the

city were related to the Metropolitan Council, for direct reimbursement to the city.

The change order as proposed is a unit-based change order, so the contractor is paid for actual

quantity of the item installed.

Item 6c

Mission Statement:

The City of Minnetrista will deliver quality services in a cost effective and innovative manner

and provide opportunities for a high quality of life while protecting natural resources and

maintaining a rural character.

Conclusion:

Staff is recommending that the Change Order No. 1 be approved to compensate the contractor

for the described items for the necessary work revisions for the Enchanted Lane and Tuxedo

Road Street Improvements and Grand View Avenue Improvements (City Project No. 04-16 and

08-16).

Fiscal Impact:

Change Order No. 1 results in a contract increase of $17,766.89, increasing the contract from

$693,845.69 to $711,612.58, approximately 2.56% of the original contract amount.

Recommended City Council Action: Staff recommends adopting Resolution No. 67-18,

Approving Change Order No. 1 for the Enchanted Lane and Tuxedo Road Street Improvements

and Grand View Avenue Improvements (City Project No. 04-16 and 08-16). Payment for this

Work Order will occur at a future meeting.

Does Recommended Action meet City Mission Statement? Yes No

Does Recommended Action meet City Goals/Priorities? Yes No

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CITY OF MINNETRISTA HENNEPIN COUNTY, MINNESOTA

A RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR ENCHANTED LANE AND TUXEDO ROAD STREET IMPROVEMENTS AND

GRAND VIEW AVENUE IMPROVEMENTS (CITY PROJECT NO. 04-16 AND 08-16)

WHEREAS, the City of Minnetrista Council awarded the contract for the Enchanted Lane and Tuxedo Road Street Improvements and Grand View Avenue Improvements (City Project No. 04-16 and 08-16) to Valley Paving, Inc. of Shakopee, Minnesota; and

WHEREAS, Change Order No. 1 is necessary to construct the improvements and associated work; and

WHEREAS, Change Order No. 1 will increase the project construction costs in the amount of $17,766.89, from the original contract amount of $693,845.69 to $711,612.58.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MINNETRISTA, MINNESOTA:

1. Change Order 1 in the amount of $17,766.89 is hereby approved.

This resolution was adopted by the City Council of the City of Minnetrista on the 16th day of April, 2018, by a vote of ______ Ayes and ______ Nays.

ATTEST: Lisa Whalen, Mayor


(seal)

ENCHANTED LANE RECONSTRUCTION AND GRAND VIEW AVENUE RECONSTRU

CITY PROJECT NO. 04-16 AND 08-16

CITY OF MINNETRISTA, MN

WSB PROJECT NO. 02121-690

OWNER:

CITY OF MINNETRISTA7701 COUNTY ROAD 110 WESTMINNETRISTA, MN 55364

YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION:

CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:

ORIGINAL CONTRACT PRICE: $693,845.69 ORIGINAL CONTRACT TIME: 11/23/2017

PREVIOUS CHANGE ORDERS 0 NET CHANGE FROM PREVIOUS CHANGE ORDERS: NONE

CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: $693,845.69 CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 11/23/2017

NET INCREASE OF THIS CHANGE ORDER: $17,766.89 NET INCREASE OF CHANGE ORDER: 30 DAYS

CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $711,612.58 CONTRACT TIME WITH APPROVED CHANGE ORDERS 6/15/2018

RECOMMENDED BY: APPROVED BY:

PAUL HORNBY, PE, PROJECT MANAGER

WSB & ASSOCIATES, INC.ENGINEER

APPROVED BY:

CITY ENGINEER

DATE DATE

CONTRACTOR SIGNATURE

ROADWAY GRADING MODIFICATIONS NECESSARY FOR DRAINAGE; DRIVEWAY REMOVAL-GRADING-REPLACEMENTBOAT LAUNCH CLOSED SIGN ADDED AT PRECONSTRUCTION MEETING PER STAFFGRAND VIEW AVE MH CHIMNEY SEALS (I&I PROTECTION)

IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY, SHAPE, OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE.

CITY CLERK

CONTRACTOR

CONTRACTOR:

VALLEY PAVING - SHAKOPEE8800 13TH AVENUE EASTSHAKOPEE, MN 55379

VALLEY PAVING - SHAKOPEE

CHANGE ORDER NO. 1

MARCH 30, 2018

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02121-69-CO - 1_03-30-18CO 1

CITY PROJECT NO. 04-16 AND 08-16

CITY OF MINNETRISTA, MN

WSB PROJECT NO. 02121-690

Item No. Mat. No. Description Qty Unit Price Extended Amount

126 2105.601 GRADING (ROADWAY GRADE MODIFICATION) LS 14,049.78$ 1 $ 14,049.78

127 2105.601 GRADING (DRIVEWAY MODIFICATION) LS 617.46$ 1 $ 617.46

128 2105.601 GRADING (DRAINAGE MODIFICATION) LS 1,685.67$ 1 $ 1,685.67

129 2506.602 CHIMNEY SEALS (GRAND VIEW AVE) EA 159.50$ 4 $ 638.00

130 2564.602 SIGN PANEL TYPE SPECIAL (BOAT LAUNCH CLOS EA 775.98$ 1 $ 775.98

$17,766.89

Item No. Mat. No. Description Qty Unit Price Extended Amount

$0.00TOTAL DELETED ITEMS CHANGE ORDER NO. 1

CHANGE ORDER NO. 1 DETAIL

ADDED ITEMS

TOTAL ADDED ITEMS CHANGE ORDER NO. 1

MARCH 30, 2018

DELETED ITEMS

ENCHANTED LANE RECONSTRUCTION AND GRAND VIEW AVENUE RECONSTRUCTION

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02121-69-CO - 1_03-30-18CO 1 Detail

Documents

CITY COUNCIL MEETING AGENDA - Amazon Web Services...Apr 16, 2018 · The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities