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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. O:\City Council\Council 2019\Agendas\2019.09.03 CC RM Agenda.docx Page 1 of 2 CITY COUNCIL MEETING AGENDA Tuesday, September 3, 2019 7:00pm 1) Call to Order a) Pledge of Allegiance b) 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, Public Works Superintendent Gary Peters and City Clerk Kris Linquist. Consultants: City Attorney Ron Batty, Kennedy & Graven and City Engineer Alyson Fauske, WSB Engineering. c) Approval of Agenda 2) Special Presentations a) 2020 U.S. Census Update b) 2020 Preliminary Tax Levy 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 Work Session Meeting Minutes from August 19, 2019 b) Approve Regular Meeting Minutes from August 19, 2019 c) Res. No. 100-19 Approve Claims d) Res. No. 101-19 Approve Variance at 395 County Road 110N e) Res. No. 102-19 Approve Step Increase for Jesse Schmidt, Public Safety Officer f) Res. No. 103-19 Approve Step Increase for Josh Brown, Public Safety Officer g) Res. No. 104-19 Approve Step Increase for Carter Ostlie, PW Maintenance Worker 5) Public Hearings a) Woodland Cove (West RIM Re-Plat) i) Res. No. 105-19 Approve Easement Vacation Woodland Cove (West RIM Re-Plat) ii) Res. No. 106-19 Approve West RIM Re-Plat Woodland Cove 6) Business Items a) 2020 Budget Process Approvals i) Res. No. 107-19 Approve 2020 Preliminary Tax Levy ii) Res. No. 108-19 Approve Debt Levy at 100% of 2020 Bond Payments iii) Approve 2019 Date for Public Comments on 2020 Levy and Budget b) Res. No. 109-19 Approve 2040 Comprehensive Plan c) Res. No. 110-19 Approve Preliminary Plat at 7155 County Road 26 d) Res. No. 111-19 Approve Plans and Specifications and Authorize Request for Quotes for the Kings Point Road Watermain & Street Repair Project CP 04-19
Transcript

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.

O:\City Council\Council 2019\Agendas\2019.09.03 CC RM Agenda.docx Page 1 of 2

CITY COUNCIL MEETING AGENDA Tuesday, September 3, 2019

7:00pm

1) Call to Order a) Pledge of Allegiance b) 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, Public Works Superintendent Gary Peters and City Clerk Kris Linquist. Consultants: City Attorney Ron Batty, Kennedy & Graven and City Engineer Alyson Fauske, WSB Engineering.

c) Approval of Agenda

2) Special Presentations a) 2020 U.S. Census Update b) 2020 Preliminary Tax Levy

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 Work Session Meeting Minutes from August 19, 2019 b) Approve Regular Meeting Minutes from August 19, 2019 c) Res. No. 100-19 Approve Claims d) Res. No. 101-19 Approve Variance at 395 County Road 110N e) Res. No. 102-19 Approve Step Increase for Jesse Schmidt, Public Safety Officer f) Res. No. 103-19 Approve Step Increase for Josh Brown, Public Safety Officer g) Res. No. 104-19 Approve Step Increase for Carter Ostlie, PW Maintenance Worker

5) Public Hearings

a) Woodland Cove (West RIM Re-Plat) i) Res. No. 105-19 Approve Easement Vacation Woodland Cove (West RIM Re-Plat) ii) Res. No. 106-19 Approve West RIM Re-Plat Woodland Cove

6) Business Items

a) 2020 Budget Process Approvals i) Res. No. 107-19 Approve 2020 Preliminary Tax Levy ii) Res. No. 108-19 Approve Debt Levy at 100% of 2020 Bond Payments iii) Approve 2019 Date for Public Comments on 2020 Levy and Budget

b) Res. No. 109-19 Approve 2040 Comprehensive Plan c) Res. No. 110-19 Approve Preliminary Plat at 7155 County Road 26 d) Res. No. 111-19 Approve Plans and Specifications and Authorize Request for Quotes

for the Kings Point Road Watermain & Street Repair Project CP 04-19

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.

O:\City Council\Council 2019\Agendas\2019.09.03 CC RM Agenda.docx Page 2 of 2

e) Res. No. 112-19 Approve 3-Year Uniform Contract for Public Works Maintenance Workers

f) Res. No. 113-19 Request for Approving Computer Work Station purchases g) Halstead Drive Project – CP 01-16

i) Res. No. 114-19 Approve Quote for Re-seeding at 7515 Halstead Drive ii) Res. No. 115-19 Approve Quote for Re-seeding at 7525 Halstead Drive

h) 1300 Hickory Drive and 1370 Rainbow Road for Don Benson i) Res. No. 116-19 Approve Comprehensive Plan Amendment for 1300 Hickory Drive

& 1370 Rainbow Road ii) Ordinance No. 458 Rezone of 1300 Hickory Drive & 1370 Rainbow Road from AG

Preserve to AG Agriculture iii) Res. No. 117-19 Authorize Publication of Ordinance 458 by Title and Summary

i) Res. No. 118-19 Approve Simple Subdivision between 1300 Hickory Drive & 1370 Rainbow Road

j) Concept/Sketch Plan Review at 1200 Rainbow Road

7) Administrative Items a) Staff Reports

i) City Administrator

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

Development Authority; Pioneer-Sarah Creek Watershed District

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.

Minnetrista Work Session Minutes – August 19, 2019 Page 1 of 4

CITY COUNCIL WORK SESSION MINUTES August 19, 2019 5:30 – 6:30pm

1) Call to OrderMayor Whalen called the meeting to order at 5:00 p.m.

Present – Council: Mayor Lisa Whalen, Pam Mortenson, Mike Molitor, John Tschumperlin and Shannon Bruce; Staff: City Administrator Michael Barone, Finance Director Brian Grimm, Public Safety Director Chief Paul Falls, Director of Administration Cassandra Tabor, Public Works Superintendent Gary Peters and City Clerk Kris Linquist; Consultant: City Engineer Alyson Fauske, WSB Engineering Absent: Community Director David Abel

2) Todd Hagen with Ehler’sFinance Director Grimm introduced Todd Hagen with Ehlers. Grimmmentioned that interest rates are still fairly low.Hagen overviewed different strategies and options as to funding roads,equipment purchases and infrastructure projects.Highlights included:

Pay as you go levying for both roads and equipment expenditures vs.bundling road projects and equipment purchases and issuingdebt/equipment certificates

Internal financing includes potential inter-fund loans.

Overviewed the bonds that are coming up soon for Minnetrista

There was discussion on the 2017B and 2017C bonds that pertain to Kings Point Road and the Woodland Cove development. The developer has expressed interest in paying the bonds off.

There was discussion that interest rates are around 2-2.4% and if the 2010A Bond be refinanced, it could save the city around $70,000 in interest.

There was discussion on bonding for equipment purchases and for the water tower project and possibly using a combination of bonds and cash.

Hagen overviewed the Standard and Poors (S&P) report dated September 2017. He stated that Minnesota fund balances are typically higher than the national average. The city has a general fund policy that the balance should be kept at a minimum of 40% of the current budgeted expenditures.

Item 4a

Minnetrista Work Session Minutes – August 19, 2019 Page 2 of 4

Hagen overviewed the S&P US Local Governments General Obligation Rating methodology that is located in the work session packet. He also stated that S&P does not look at enterprise funds in their methodology.

Whalen questioned if the City decided to go with an inter-fund loan, is there a

repayment time frame. Hagen stated it is flexible and the City could decide on the length of the loan. Grimm stated that the typical inter-fund loans are 5-10 years in duration. He also stated that at any point the City could bond to repay the loan.

Bruce questioned if there were any liabilities against the four funds the City

was considering using for inter-fund loans. Grimm overviewed the August 2019 cash and investments as of August 15, 2019.

There was discussion on why interest would be charged on inter-fund loans.

Hagen stated it is not required to charge an interest rate but he has never seen that happen with cities.

There was further discussion on what constitutes a loan and what the interest

rate should be if the City does decide on an inter-fund loan. Hagen stated that the City should have a Financial Management Plan in place

along with a reimbursement resolution. He stated that it shows good stewardship to the residents of the City.

There was discussion on a formal debt management plan. 3) 2020 Budget Discussion

City Finance Director Grimm overviewed the power point presentation. Highlights include:

The preliminary levy is due by Monday, September 30, 2019. Once it is certified to Hennepin County, it can’t be increased but can decrease.

The percentage column which compares the 2020 proposed budget to the final 2019 Budget was added.

The preliminary fiscal disparities number has been provided by Hennepin County. It is about $5,000 higher than the estimated preliminary ($135K vs. $130K).

There were some changes to the general fund revenue and detail sheets with further review of the budget documents. The police contract revenue was adjusted based on the calculation and the streets department had a couple of adjustments.

The City received the revised number from the City of St. Bonifacius for Fire Services. It is actually going down slightly than what is in the packet.

Version 1: proposed gross levy increase of 5.9% (5.87% net levy increase) from 2019.

Version 2: proposed gross levy increase of 4.22% from 2019 to 2020. This is done by reducing the amount of the increase on the roads levy

Minnetrista Work Session Minutes – August 19, 2019 Page 3 of 4

per the pavement management plan by $75,000 (increase of $50,000 roads levy vs. $125,000).

There was discussion on the Technology Improvements and if it can be taken out the cable fund. Barone stated that it is not telecommunications so it cannot be taken out of the cable fund. There was discussion on the Parks salaries increase and the allocation of hours worked by the employees. There was discussion on the general fund levy in both versions of the proposed levy options. Whalen questioned when the Mound Fire Station bond expires. Grimm stated that it would be complete in 2022. Bruce commented that using version 2 and using an inter-fund loan from the trees fund to supplement the roads budget to the $600,000. This would not raise the levy more than 4.2%. Molitor commented that he doesn’t think it is a smart business decision to take inter-fund loans to cover revenue issues. He is in favor of using inter-fund loans to help with cash flow issues such as covering a project, knowing that with assessments it will be paid back over a period of time. There was discussion on the rise of construction cost every year. Fauske stated that from 2018 to 2019 there was an 18% increase in construction costs and the projected increase would be 4% every year after that. There was further discussion on the struggle of trying to play “catch up” even with adding more to the roads fund every year. Mortenson commented that the road plan is a great idea and that being able to help preserve the road to make them last longer is a step in the right direction. Whalen commented that the 5.9% seems high but she does not want to take money out of the roads fund. She suggested that maybe with interest rates so low that it would be better to use equipment certificates instead of allocating $50,000 to the CIP fund. She would also like to see the general fund stay around 45%, realizing that it may be a challenge to achieve this. Mortenson commented that she would like to dive into the road plan that has been put together and work backwards to budget around it. This would probably need to begin in the 2021 budget process. Grimm would like to do a small Special Presentation at the September 3, 2019 council meeting.

Minnetrista Work Session Minutes – August 19, 2019 Page 4 of 4

Molitor would like to vote on the Preliminary Levy at the September 3, 2019 as we have done in past years.

4) Adjourn

Motion by Molitor, seconded by Mortenson to adjourn the Work Session Meeting. Motion carried 5-0. Absent: None Mayor Whalen adjourned the meeting at 6:44 p.m. Respectfully Submitted,

Kris Linquist, MMMC, MMC

City Clerk

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 – August 19, 2019 Page 1 of 7

CITY COUNCIL MEETING MINUTES August 19, 2019

7:00 p.m.

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

a) Pledge of Allegiance

b) Introductions:City Council: Mayor Lisa Whalen, Pam Mortenson, Mike Molitor, Shannon Bruce andJohn Tschumperlin; Staff: City Administrator Michael Barone, Finance Director BrianGrimm, Community Development Director Abel, Public Safety Director Chief PaulFalls, Director of Administration Cassandra Tabor, Public Works Superintendent GaryPeters and City Clerk Kris Linquist; Consultants: City Attorney Ron Batty, Kennedy &Graven and City Engineer Alyson Fauske, WSB EngineeringAbsent: None

c) Approval of AgendaMotion by Mortenson, seconded by Bruce to approve the agenda as presented.Motion carried 5-0. Absent: None

2) Special Presentationsa) Introduction of new City employee – Gary Nelson

Director of Administration Tabor introduced Gary Nelson, Building Inspector. Hethanked the Council for the opportunity.

b) River Valley Church RecognitionDirector of Administration Tabor recognized Pastor Dave Olson and the volunteersfrom River Valley Church for their service project of painting and repairing the barnnext to the police station.

3) Persons to Be Heard - None

4) Consent Agendaa) Approve Work Session Meeting Minutes from August 19, 2019b) Approve City Council Regular Meeting Minutes from August 19, 2019c) Res. No. 93-19 Approve Claimsd) Res. No. 99-19 Approve Lease Agreement with Westonka School District #277

for Election equipment for the 2019 Election cycle

Motion by Bruce, seconded by Tschumperlin to approve the Consent Agenda items as presented. Motion carried 5-0. Absent: None

Item 4b

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 – August 19, 2019

Page 2 of 7

5) Public Hearing a) New On-Sale Intoxicating Liquor License for Cox Culinary Arts dba Buddy Boy Fine

Barbeque, 8175 State Highway 7 City Clerk Linquist presented the staff report from the August 19, 2019 Council packet.

Highlights included:

Applicant(s) have applied for an On-Sale Intoxicating Liquor License in conjunction with their restaurant operation.

Applicant(s) have successfully passed the required background checks

Buddy Boy Fine BBQ received a Conditional Use Permit (Resolution No. 133-18 on October 1, 2018 to operate a restaurant.

The restaurant has a printed menu and the hours of service will be 4 pm to 8 pm Wednesday, Thursday and Friday and from 10 am to 2 pm on Saturday.

Alcohol may be served in the restaurant and patio but prohibited in the parking area of the premises.

Mayor Whalen opened the public hearing at 7:10 p.m. There was no one present to speak on the item. Mayor Whalen closed the public hearing at 7:11 p.m.

i) Res. No. 94-19 Approve Liquor License for Cox Culinary Arts dba Buddy Boy

Fine Barbeque Motion by Bruce, seconded by Molitor to Adopt Resolution No. 94-19 Approving the On-Sale Intoxicating Liquor License with conditions recommended by staff for Cox Culinary Arts dba Buddy Boy Fine Barbeque for the restaurant located at 8175 State Highway, with a licensing period of August 31, 2019 to May 31, 2020 (renewable annually) and contingent upon the receipt of the Buyer’s Card issued by the State of Minnesota. Motion carried 5-0. Absent: None

b) Ordinance No. 455 Jennings Bay Villas PUD – continuation from 07/15/19

Community Development Director Abel presented the staff report from the August 19, 2019 Council packet.

Highlights included:

The public hearing is to revise exhibits to reflect a 13 lot final plat, reduced from the preliminary approved 14 lots.

These changes were discussed at a work session on February 20, 2018.

Bruce asked who was paying for the turn lane. Abel stated that the developer would be paying for it.

Mayor Whalen opened the public hearing at 7:14 p.m. There was no one present to speak on the project. Mayor Whalen closed the public hearing at 7:14 p.m.

Molitor still has concerns with too many lots in this development, especially with what just happened in Red Oak development. He has concerns with the density of the PUD and does not support the development. Whalen would like to see a disclosure be given to potential buyers. Batty commented that

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 – August 19, 2019

Page 3 of 7

a mandatory disclosure requirement could be put in place. This could be incorporated in the developer’s agreement. There was discussion about the amenities that were in the original preliminary plat and now absent in the final plat. Jeff Martineau (applicant) stated that he would be in favor of requiring a disclosure to potential lot purchasers. He commented that the park improvements of a gazebo was taken out due to the size of the stormwater pond. He still intends to put in a trail and a gathering area with a fire pit and seating available around it. He overviewed the new proposed project. Tschumperlin questioned if all the decks would meet the setback requirement of the city code. Martineau stated the three homes with potential decks that would be affected with constraints would be redesigned to fit the lots. Molitor questioned the left turn lane. Abel stated that it would be improved with the Jennings Bay Villas development. There was further discussion of a right turn lane if another development would be proposed to the south. Mortenson reiterated the importance of the deck disclosures. There was discussion of assurance that the builder/developers would not back out when the project was partially completed. Martineau stated that Gonyea Homes is a notable builder within the community. Molitor had questions on the trail and other discrepancies in the plans. Abel stated that the neighbor to the south wants a tree buffer. Mortenson questioned if the new engineering standards regarding pavement would apply to this development. Abel stated that this development already had its preliminary plat so the new standards would not apply to this development. There was discussion on Exhibit E to the Subdivision Agreement – Conservation Easement Agreement item 4c needing clarification. Also, on Exhibit G to the Subdivision Agreement – Temporary Cul-De-Sac Easement, the first paragraph needs to read, “…in favor of the City of Minnetrista…” not “…City of Lake Minnetrista…”. Motion by Tschumperlin, seconded by Mortenson to adopt Ordinance No. 455 Jennings Bay Villas Planned Unit Development (PUD). Motion carried 4-1. Opposed: Molitor. Absent: None

i) Res. No. 95-19 Authorize Publication of Ordinance No. 455 by Title and Summary Motion by Mortenson, seconded by Bruce to adopt Resolution No. 95-19 Authorizing

the Publication of Ordinance No. 455 Jennings Bay Villas PUB by Title and Summary. Motion carried 4-1. Opposed: Molitor. Absent: None

6) Business Items

a) Jennings Bay Villas Final Plat

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 – August 19, 2019

Page 4 of 7

Community Development Director Abel presented the Subdivision Agreement from the August 19, 2019 Council packet.

Highlights include:

Jeff Martineau (applicant) has submitted a final plat application for Jennings Bay Villas

The plat includes 13 single family residential lots located at 1035 County Road 19

The applicant submitted a concept/sketch plan and later a preliminary plat application in 2017.

In February 2018, the applicant attended a City Council work session to discuss reducing the plat from 14 lots to 13 lots. The applicant was directed to move forward to final plat with a 13 lot arrangement.

Council reviewed the subdivision agreement i) Resolution No. 96-19 Approve Final Plat

Motion by Tschumperlin, seconded by Bruce to adopt Resolution No. 96-19 Approving the Final Plat for Jennings Bay Villas with conditions.

Motion carried 4-1. Opposed: Molitor. Absent: None ii) Resolution No. 97-19 Approve Subdivision Agreement

Motion by Bruce, seconded by Mortenson to adopt Resolution No. 97-19 Approving the Subdivision Agreement for Jennings Bay Villas with changes noted during discussion. Motion carried 4-1. Opposed: Molitor. Absent: None

iii) Resolution No. 98-19 Approve Request for Waiver from Certain Architectural Requirements

Community Development Director Abel presented the staff report from the August 19, 2019 Council packet. Highlights included:

Jeff Martineau (the applicant) proposed to offer four different floor plans from a local builder, Gonyea Homes

In order to offer 3 car garages, the applicant requested that the requirement of City Code Section 505.07 Subd.12 (d) (3) be waived. This would allow garages to comprise of up to 60 % of the ground floor street-facing linear building frontage on certain lots.

The lots would be Lots 3, 4, and 7, Block 1 and Lots 2 and 3, Block 2.

The City Code allows an applicant to seek a waiver from this requirement if one of the following conditions are met:

1. The configuration of the lot or other existing physical conditions of the lot makes the application of these standards impractical; or

2. The proposed design otherwise substantially meets the intent of this code to line streets with active living spaces, create pedestrian-oriented streetscapes and provide variety and visual interest in the exterior design of residential buildings.

Whalen questioned if the home designs presented were the actual designs that will be used. Martineau stated that they were.

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 – August 19, 2019

Page 5 of 7

There was discussion on the intent of City Code section 505.07. Molitor was in favor of allowing for 3 car garages. He also stated that the original concept for this development was supposed to have been single family patio homes targeted for empty nesters. He stated that the demographics have changed.

Motion by Tschumperlin, seconded by Mortenson to adopt Resolution No. 98-19 Approving a waiver from certain architectural standards to allow for the constriction of certain model homes within the plat of Jennings Bay Villas. Motion carried 5-0. Absent: None

b) 2020 Roads discussion

City Engineer Fauske presented the staff report from the August 19, 2019 Council packet. Highlights included:

Recommended projects: Lakeview Drive & forcemain replacement $1,033,000 Potential Overlay/Partial Mill and Overlay Projects Areas (funded by

Street Maintenance Fund) – all projects $778,000

Potential Project Area A (Jennings Cove area) $700,000 Potential Project Area B (Hardscrabble Cir area) – due to size of

project – projected for 2021 or later $1,083,000

Potential Project Area C (Eastview/Morningview area) $1,100,000 Potential Project for 2021 – Municipal State Aid (Sunnyfield Rd)

$405,000

Options for 2020 projects based on Versions 1 and 2 of the budget presented August 5, 2019: Version 1: Road Levy $600,000; Reclamation of Shady Lane/Lakeview Drive/Margaret Circle - $893,000 (per City’s assessment policy, $446,500

would be assessed); Overlay $153,000 Version 2: Road Levy $525,000; Reclamation of Shady Lane/Lakeview Drive/Margaret Circle - $893,000 (per City’s assessment policy, $446,500

would be assessed); Overlay $78,500

Overview of utility funds in conjunction with street projects.

Staff has made contact with Nature Conservancy regarding the property by Hardscrabble and will be having an on-site meeting with them.

Anticipated schedule for the 2020 projects is: September 2019: Open house with residents October 2019: Approve professional services agreement for

preparation of Feasibility Report and Preliminary Plans January 2020: Approve preparation of final plans and specifications February/March 2020: Advertise for bids

Municipal State Aid project for 2020, the schedule would be similar to that of the 2020 projects but one month should be added to the schedule to allow for state review and approval.

Staff provided a listing of Hennepin County roads that will be done in the next couple of years.

Handout was provided with the analysis of which streets should receive

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 – August 19, 2019

Page 6 of 7

overlaying first.

There was further discussion on what portion of the utility fund can be used for certain projects.

There was discussion on the recommendation from staff. Council consensus is to move forward with Shady Ln. / Lakeview Dr. / Margaret Cir.

and to hold an Open House for the residents. There was also discussion on doing Halstead Drive mill and overlay with using MSA

funding. Staff was directed to set up an Open House for at the September 16, 2019 at 5:30

in council chambers in lieu of the Work Session meeting. Molitor questioned if coring would be needed for the “overlay” candidate roads by

priority. Fauske stated that the intent is to strengthen the road until the city can do a full mill and overlay or reclaim project. Whalen wanted to know what an “edge mill” was. Peters stated that it is just the first 6 feet of a road, usually around driveways. This type of work is intended to prolong the life of the road for 5-10 years. Peters stated that Wildwood is getting paved with this year’s project since the contractor was already doing the Hunters Crest development. It is going to be a test site and will get a 1-1/2” overlay. Peters recommended doing the County Road 110W Extension next; it would be a great candidate and it is heavily travelled due to Three Rivers Park - Gale Woods entrance.

There was a discussion on the meeting that took place with Hennepin County

regarding Hennepin County projects that are being proposed in the near future within the City limits.

7) Administrative Items

a) Staff Reports i) City Administrator

Email from resident regarding what happened to the end of her driveway

Police Advisory meeting

Weekly staff meetings regarding Halstead Drive

ii) Community Development Director

Discussion of 8150 West Deer Creek Rd – Special Home Occupation Permit iii) Director of Administration

Update on Reinholz request regarding Mediacom b) Council Reports

i) Mayor Lisa Whalen

August Parks Commission meeting

Public Safety meeting

Requested an update on the Census for the next meeting

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 – August 19, 2019

Page 7 of 7

ii) Pam Mortenson

No Westonka Community and Commerce meeting

August Planning Commission meeting

iii) Mike Molitor

Lake Minnetonka Conservation District meeting

iv) Shannon Bruce

Met with St. Boni Fire Chief Weber

Questions on the LMCD Communications contract

v) John Tschumperlin

August Pioneer Sarah Creek Watershed District

8) Adjournment Motion by Mortenson, seconded by Molitor to adjourn the meeting at 8:45 p.m. Motion carried 5-0. Absent: None Respectfully submitted, Kris Linquist, MMMC, MMC

City Clerk

RESOLUTION NO. 100-19

CITY OF MINNETRISTA

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 64202 through 64259; electronic checks E1001558 through E1001567; Claims batch includes electronic transfers for payroll in the amount of $72,325.33.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINNETRISTA, that the attached list of claims in the amount of $491,122.27 and a wire transfer to our 4m Fund of $1,500,000.00 are hereby approved.

ADOPTED this 3rd day September 2019 by a vote of ____ Ayes _____ Nays.

___________________________ Lisa Whalen, Mayor

ATTEST:

________________________________ Kris Linquist, City Clerk

(seal)

Item 4c

*Check Detail Register©

CITY OF MINNETRISTA 08/29/19 11:22 AM

Page 1

AUGUST 2019 to SEPTEMBER 2019

Check Amt CommentInvoice

1010 1ST BK OF THE LAKES

A-1 MINNETONKA RENTAL, INC.Paid Chk# 064202 9/3/2019

$79.92 tiller rentalE 101-43121-416 RENTAL 142590

Total A-1 MINNETONKA RENTAL, INC. $79.92

ADVANTAGE PROPERTY MAINTENANCEPaid Chk# 064203 9/3/2019

$5,575.00 Lawn ServiceE 101-45202-402 LAWN MAINTENANCE 2969

$900.00 Lawn ServiceE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 2969

$450.00 Lawn ServiceE 602-49490-227 UTILITY SYSTEM MAINT SUPPL 2969

$1,000.00 Lawn ServiceE 101-41940-402 LAWN MAINTENANCE 2969

al ADVANTAGE PROPERTY MAINTENANCE $7,925.00

AHERN FIRE PROTECTIONPaid Chk# 064204 9/3/2019

$990.00 Fire Supression System InspectionE 101-43121-401 BLDG/STRUCT MAINTENANCE 333255

Total AHERN FIRE PROTECTION $990.00

AMERIPRIDE SERVICES INCPaid Chk# 064205 9/3/2019

$29.27 Shop towelsE 101-43121-215 SHOP MATERIALS 1004549961

$98.87 Shop uniformsE 101-43121-417 UNIFORMS 1004549961

$20.47 Service ChargeE 101-41940-211 CLEANING & MAINT SUPPLIES 1004549961

$29.27 Shop towelsE 101-43121-215 SHOP MATERIALS 1004555680

$101.07 Shop uniformsE 101-43121-417 UNIFORMS 1004555680

$20.47 Service ChargeE 101-41940-211 CLEANING & MAINT SUPPLIES 1004555680

Total AMERIPRIDE SERVICES INC $299.42

AUTOMATIC SYSTEMS CO.Paid Chk# 064206 9/3/2019

$443.40 Repair of Scada BackupE 602-49490-227 UTILITY SYSTEM MAINT SUPPL 33563

Total AUTOMATIC SYSTEMS CO. $443.40

BOLL, ANGELAPaid Chk# 064207 9/3/2019

$52.77 Mileage to Training and Parking in RampE 101-41320-331 TRAVEL EXPENSE

Total BOLL, ANGELA $52.77

BRYAN ROCK PRODUCTSPaid Chk# 064208 9/3/2019

$783.03 Rip Rap for Ditch WorkE 651-49590-224 STREET MAINTENANCE SUPPL 36712

Total BRYAN ROCK PRODUCTS $783.03

CALATLANTIC HOMESPaid Chk# 064209 9/3/2019

$5,000.00 Tree Deposit Refund - 4946 Grand View AveG 101-2025 DEPOSITS PAYABLE MB-18152 R10

$1,000.00 Temp CO Refund - 4946 Grand View AveG 101-2025 DEPOSITS PAYABLE MB-18152 R94

$5,000.00 Tree Deposit Refund - 4958 Grand View AveG 101-2025 DEPOSITS PAYABLE MB-18206 R10

$1,000.00 Temp CO Refund - 4958 Grand View AveG 101-2025 DEPOSITS PAYABLE MB-18206 R96

Total CALATLANTIC HOMES $12,000.00

CARQUESTPaid Chk# 064210 9/3/2019

$101.60 Hoses for Grapple BucketE 101-43121-221 EQUIPMENT PARTS, TIRES 5927-194125

Total CARQUEST $101.60

COMMERCIAL ASPHALT COMPANYPaid Chk# 064211 9/3/2019

$900.90 AsphaltE 101-43121-224 STREET MAINTENANCE SUPPL 190815

Total COMMERCIAL ASPHALT COMPANY $900.90

CONTECHPaid Chk# 064212 9/3/2019

$241.80 Culvert Elbow and Band for Rolling Hills ProjE 651-49590-224 STREET MAINTENANCE SUPPL 18980169

Total CONTECH $241.80

DON S SOD SERVICEPaid Chk# 064213 9/3/2019

$288.00 Black Dirt for Ditch ProjectsE 651-49590-224 STREET MAINTENANCE SUPPL

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Total DON S SOD SERVICE $288.00

DPC INDUSTRIES, INC.Paid Chk# 064214 9/3/2019

$2,090.24 Water Treatment Plant ChemicalsE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 827001062-19

$70.00 ChlorineE 601-49440-227 UTILITY SYSTEM MAINT SUPPL DE820000092-

Total DPC INDUSTRIES, INC. $2,160.24

EARL F. ANDERSON INC.Paid Chk# 064215 9/3/2019

$277.25 No parking signsE 101-43121-224 STREET MAINTENANCE SUPPL 0121046-IN

Total EARL F. ANDERSON INC. $277.25

ECM PUBLISHERS, INCPaid Chk# 064216 9/3/2019

$30.84 Cox Culinary Public HearingE 101-41910-351 LEGAL NOTICE & ORD PUBLIC 716048

$57.83 Public HearingE 101-41910-351 LEGAL NOTICE & ORD PUBLIC 716049

$42.41 Public HearingE 101-41910-351 LEGAL NOTICE & ORD PUBLIC 717399

$42.41 Public HearingE 101-41910-351 LEGAL NOTICE & ORD PUBLIC 718960

Total ECM PUBLISHERS, INC $173.49

ENVIROTECH SERVICE INCPaid Chk# 064217 9/3/2019

$3,990.00 Dust Abatement ChemicalE 101-43121-224 STREET MAINTENANCE SUPPL CD201920929

$4,034.65 Dust Abatement ChemicalE 101-43121-224 STREET MAINTENANCE SUPPL CD201921175

$7,775.75 Dust Abatement ChemicalE 101-43121-224 STREET MAINTENANCE SUPPL CD201921176

Total ENVIROTECH SERVICE INC $15,800.40

EROSION PRODUCTS, LLCPaid Chk# 064218 9/3/2019

$105.00 Seed for Ditch WorkE 651-49590-224 STREET MAINTENANCE SUPPL 6543

$590.00 Seed MixE 651-49590-224 STREET MAINTENANCE SUPPL 6571

Total EROSION PRODUCTS, LLC $695.00

FASTENAL COMPANYPaid Chk# 064219 9/3/2019

$11.87 Parts for MowerE 101-43121-221 EQUIPMENT PARTS, TIRES MNWAC63310

Total FASTENAL COMPANY $11.87

FOBBE CONTRACTING INCPaid Chk# 064220 9/3/2019

$14,000.00 Emergency Install of Valves at CR 44E 601-49440-227 UTILITY SYSTEM MAINT SUPPL 3821

$14,000.00 Emergency Install of Valves at CR 44E 601-43241-530 IMPROVEMENTS 3821

Total FOBBE CONTRACTING INC $28,000.00

FRONTIER OHPaid Chk# 064221 9/3/2019

$90.03 Fire Alarm-PWE 101-43121-321 TELEPHONE 952-446-9997

$78.16 AlarmE 101-43121-321 TELEPHONE 952-472-1082

$50.86 Well #5 Phone ServiceE 601-49440-381 ELECTRIC UTILITIES 952-495-0149

Total FRONTIER OH $219.05

G.F JEDLICKI, INCPaid Chk# 064222 9/3/2019

$744.00 Misc Grading - 7515 Halstead DrE 499-43122-530 IMPROVEMENTS 05/29/2019

$779.50 Misc Grading - 7515 Halstead DrE 499-43122-530 IMPROVEMENTS 08/27/2019

Total G.F JEDLICKI, INC $1,523.50

GALLS INCORPORATEDPaid Chk# 064223 9/3/2019

$110.66 uniformsE 101-42110-417 UNIFORMS 013355520

$35.90 uniformsE 101-42110-417 UNIFORMS 013355547

($79.99) uniformsE 101-42110-417 UNIFORMS 013430493

Total GALLS INCORPORATED $66.57

GOPHER STATE ONE CALLPaid Chk# 064224 9/3/2019

$241.00 Sewer & Water LocatesE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 9070595

$240.95 Sewer & Water LocatesE 602-49490-227 UTILITY SYSTEM MAINT SUPPL 9070595

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Total GOPHER STATE ONE CALL $481.95

GREAT AMERICA FINANCIAL SVCSPaid Chk# 064225 9/3/2019

$139.95 Meter RentalE 101-41320-322 POSTAGE 25349053

Total GREAT AMERICA FINANCIAL SVCS $139.95

HENN CO INFO TECHNOLOGYPaid Chk# 064226 9/3/2019

$615.16 PW Radio LeaseE 401-43126-560 EQIUP AND FURNISHINGS 1000134112

Total HENN CO INFO TECHNOLOGY $615.16

HENN CO TREAS-ASSESSORPaid Chk# 064227 9/3/2019

$144,000.00 Contract Assessment Services 2019E 101-41550-310 HENNEPIN COUNTY ASSESSIN 1000135456

Total HENN CO TREAS-ASSESSOR $144,000.00

HINTZ, NATHANPaid Chk# 064228 9/3/2019

$39.71 Meals Reimbursement for TrainingE 101-42110-431 TRAIN/MTG/EXP & SUPPLIES

Total HINTZ, NATHAN $39.71

KENNEDY & GRAVEN, CHARTEREDPaid Chk# 064229 9/3/2019

$2,346.00 AdministrationE 101-41610-304 LEGAL FEES - ATTORNEY 149905

$2,500.00 GeneralE 101-41610-304 LEGAL FEES - ATTORNEY 149906

$77.50 Document RecordingsG 801-1170 LAND USE RECEIVABLE MN415-00279

$678.50 * Jennings Bay VillasG 801-1170 LAND USE RECEIVABLE MN415-00302

$48.75 Water TowerE 601-49440-304 LEGAL FEES - ATTORNEY MN415-00307

$1,489.75 * Jerdee/Johnson Simple SubdivisionG 801-1170 LAND USE RECEIVABLE MN415-00308

$29.50 * Woodland Cove Third Lake AddtG 801-1170 LAND USE RECEIVABLE MN415-00309

$357.00 Short Term RentalE 101-41610-304 LEGAL FEES - ATTORNEY MN415-00310

$602.75 * Woodland Cove West Rim PlatG 801-1170 LAND USE RECEIVABLE MN415-00311

$973.50 * Casaus AdditionG 801-1170 LAND USE RECEIVABLE MN415-00312

Total KENNEDY & GRAVEN, CHARTERED $9,103.25

LANO EQUIPMENT - SHAKOPEEPaid Chk# 064230 9/3/2019

$82.95 Tree Trimming HelmetE 101-43121-437 MISCELLANEOUS EXPENSE 01-694790

Total LANO EQUIPMENT - SHAKOPEE $82.95

LEIF, ISAACPaid Chk# 064231 9/3/2019

$552.50 City Council Meetings AugE 673-49600-307 PROFESSIONAL SERVICES 03-067

Total LEIF, ISAAC $552.50

M/I HOMES OF MPLSPaid Chk# 064232 9/3/2019

$5,000.00 Temp CO Refund - 3766 Crane Island CtG 101-2025 DEPOSITS PAYABLE MB-17193 R88

$5,000.00 Temp CO Refund - 4248 Cottagewood CtG 101-2025 DEPOSITS PAYABLE MB-17233 R88

$5,000.00 Temp CO Refund - 3759 Crane Island CtG 101-2025 DEPOSITS PAYABLE MB-17255 R92

$5,000.00 Temp CO Refund - 6448 May Apple DrG 101-2025 DEPOSITS PAYABLE MB-18058 R98

$1,500.00 Temp CO Refund - 6580 May Apple DrG 101-2025 DEPOSITS PAYABLE MB-18175 R10

$5,000.00 Temp CO Refund - 3764 Crane Island CtG 101-2025 DEPOSITS PAYABLE MB-18183 R10

$5,000.00 Temp CO Refund - 6564 May Apple DrG 101-2025 DEPOSITS PAYABLE MB-18222 R10

Total M/I HOMES OF MPLS $31,500.00

MADISON NATIONAL LIFE INSURANCPaid Chk# 064233 9/3/2019

$785.78 Disability PremiumG 101-2340 PAYROLL CLEARING HEALTH INS Sept 2019

Total MADISON NATIONAL LIFE INSURANC $785.78

MENARDSPaid Chk# 064234 9/3/2019

$165.54 Conduit and LumberE 101-41940-401 BLDG/STRUCT MAINTENANCE 98504

$131.27 Conduit and LumberE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 98504

Total MENARDS $296.81

METRO SALES INCPaid Chk# 064235 9/3/2019

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AUGUST 2019 to SEPTEMBER 2019

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$50.00 CopierE 101-41320-202 COPY & PRINTING SUPPLIES INV1411121

$59.32 CopierE 101-42401-202 COPY & PRINTING SUPPLIES INV1411121

$50.00 CopierE 101-41910-202 COPY & PRINTING SUPPLIES INV1411121

Total METRO SALES INC $159.32

MID COUNTYPaid Chk# 064236 9/3/2019

$190.00 Dyed Diesel FuelE 601-49440-212 MOTOR FUELS AND LUBRICAN 37055

$190.00 Dyed Diesel FuelE 602-49490-212 MOTOR FUELS AND LUBRICAN 37055

$760.02 Dyed Diesel FuelE 101-43121-212 MOTOR FUELS AND LUBRICAN 37055

$126.67 Dyed Diesel FuelE 101-43125-212 MOTOR FUELS AND LUBRICAN 37055

$115.20 Dyed DieselE 601-49440-212 MOTOR FUELS AND LUBRICAN 37120

$115.20 Dyed DieselE 602-49490-212 MOTOR FUELS AND LUBRICAN 37120

$460.80 Dyed DieselE 101-43121-212 MOTOR FUELS AND LUBRICAN 37120

$76.80 Dyed DieselE 101-43125-212 MOTOR FUELS AND LUBRICAN 37120

Total MID COUNTY $2,034.69

MINI BIFF INCPaid Chk# 064237 9/3/2019

$76.09 Biff for ParksE 101-45202-401 BLDG/STRUCT MAINTENANCE A-107411

$76.09 Biff for ParksE 101-45202-401 BLDG/STRUCT MAINTENANCE A-107428

Total MINI BIFF INC $152.18

MN BUREAU OF CRIMINAL APPREHENPaid Chk# 064238 9/3/2019

$75.00 Recertification TrainingE 101-42110-434 POLICE TRAINING 1771

otal MN BUREAU OF CRIMINAL APPREHEN $75.00

MN CO ATTORNEYS ASSN.Paid Chk# 064239 9/3/2019

$67.00 FormsE 101-42110-202 COPY & PRINTING SUPPLIES 2000005865

Total MN CO ATTORNEYS ASSN. $67.00

NCPERS MINNESOTAPaid Chk# 064240 9/3/2019

$288.00 *PERA life Ins Employer PaidG 101-2380 PAYROLL CLEARING LIFE INS 632400092019

Total NCPERS MINNESOTA $288.00

NEUMANN, MARCYPaid Chk# 064241 9/3/2019

$3,560.00 Trees reimbursement buffer for Ponds at Hunters CrestE 407-45202-530 IMPROVEMENTS

Total NEUMANN, MARCY $3,560.00

OFFICE DEPOT -USEPaid Chk# 064242 9/3/2019

$13.72 PlatesE 101-43121-201 OFFICE SUPPLIES 358804151001

$59.99 Duster, Batteries, PlannerE 101-42110-201 OFFICE SUPPLIES 363729894001

$26.84 Air FreshnersE 101-42110-201 OFFICE SUPPLIES 363730266001

$6.99 Record BookE 101-42110-201 OFFICE SUPPLIES 363730267001

$89.94 BatteriesE 101-42110-201 OFFICE SUPPLIES 365981319001

Total OFFICE DEPOT -USE $197.48

POWER PLANPaid Chk# 064243 9/3/2019

$246.84 Steering column repair kit for loaderE 101-43121-221 EQUIPMENT PARTS, TIRES P62206

$491.48 Repair of Ac UnitE 101-43121-404 VEHICLE & EQUIP MAINT W50701

Total POWER PLAN $738.32

S NIETERS CREATIVE CONSTRUCTIOPaid Chk# 064244 9/3/2019

$824.16 4985 Timber TrailR 101-200-32210 BUILDING PERMITS MB-19177 R95

Total S NIETERS CREATIVE CONSTRUCTIO $824.16

SEHPaid Chk# 064245 9/3/2019

$2,273.60 Southern System TowerE 601-43241-303 ENGINEERING SERV 367192

$2,580.37 Preliminary Design for Water TowerE 601-43241-303 ENGINEERING SERV 372081

Total SEH $4,853.97

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SQUIRES, CRAIGPaid Chk# 064246 9/3/2019

$4,000.00 Police Command SchoolE 101-42110-431 TRAIN/MTG/EXP & SUPPLIES

Total SQUIRES, CRAIG $4,000.00

STAR TRIBUNEPaid Chk# 064247 9/3/2019

$42.25 PaperE 101-43121-437 MISCELLANEOUS EXPENSE 4928270

Total STAR TRIBUNE $42.25

TEAM LABORATORY CHEMICAL CORPPaid Chk# 064248 9/3/2019

$2,088.00 Lift Station ChemicalsE 602-49490-227 UTILITY SYSTEM MAINT SUPPL INV0017555

otal TEAM LABORATORY CHEMICAL CORP $2,088.00

TEAM WENDYPaid Chk# 064249 9/3/2019

$64.55 HelmetE 101-42110-417 UNIFORMS CD970013644

Total TEAM WENDY $64.55

TOLL GAS & WELDING SUPPLYPaid Chk# 064250 9/3/2019

$22.70 Med Acetylene CylE 101-43121-215 SHOP MATERIALS 40104544

Total TOLL GAS & WELDING SUPPLY $22.70

TRUENORTH STEELPaid Chk# 064251 9/3/2019

$6,478.80 Culvert Pipe-Drainage ProjectE 651-49590-224 STREET MAINTENANCE SUPPL BL0000000009

$911.88 Pipe for Rolling HillsE 651-49590-224 STREET MAINTENANCE SUPPL BL0000000100

Total TRUENORTH STEEL $7,390.68

TRUGREEN CHEMLAWNPaid Chk# 064252 9/3/2019

$37.00 Weed KillE 601-49440-402 LAWN MAINTENANCE 107495600

$119.00 weed kill/controlE 601-49440-402 LAWN MAINTENANCE 108083337

$227.00 weed kill/controlE 101-41940-402 LAWN MAINTENANCE 108083337

$39.00 weed kill/controlE 602-49490-402 LAWN MAINTENANCE 108083337

$1,571.00 weed kill/controlE 101-45202-402 LAWN MAINTENANCE 108083337

Total TRUGREEN CHEMLAWN $1,993.00

USA BLUEBOOKPaid Chk# 064253 9/3/2019

$1,925.86 Water Testing ChemicalsE 601-49440-227 UTILITY SYSTEM MAINT SUPPL I47069

Total USA BLUEBOOK $1,925.86

VERIZON WIRELESSPaid Chk# 064254 9/3/2019

$411.52 PD Cell phonesE 101-42110-321 TELEPHONE 9836350006

$556.19 Admin Cell phonesE 101-41940-321 TELEPHONE 9836350006

$334.81 PW Cell PhonesE 101-43121-321 TELEPHONE 9836350006

$10.01 M2ME 101-41940-321 TELEPHONE 9836350006

($345.27) CreditE 101-41940-321 TELEPHONE 9836350006

Total VERIZON WIRELESS $967.26

WACONIA FORD MERCURYPaid Chk# 064255 9/3/2019

$60.30 The Works-Unit 67E 101-42110-221 EQUIPMENT PARTS, TIRES FOCS133863

$86.92 The Works-Unit 71E 101-42110-404 VEHICLE & EQUIP MAINT FOCS134065

$95.49 The Works-Unit 72E 101-42110-404 VEHICLE & EQUIP MAINT FOCS134225

Total WACONIA FORD MERCURY $242.71

WILLIAMS TOWINGPaid Chk# 064256 9/3/2019

$155.00 Flat Bed-ForfeitureG 101-2399 FORFEITED PROPERTY 151677

Total WILLIAMS TOWING $155.00

WM MUELLER & SONS INC.Paid Chk# 064257 9/3/2019

$2,893.86 Asphalt for PatchingE 101-43121-224 STREET MAINTENANCE SUPPL 246916

$1,933.38 Asphalt for PatchingE 101-43121-224 STREET MAINTENANCE SUPPL 247044

$2,903.52 Asphalt for PatchingE 101-43121-224 STREET MAINTENANCE SUPPL 247120

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Check Amt CommentInvoice

$1,926.48 Asphalt for PatchingE 101-43121-224 STREET MAINTENANCE SUPPL 247245

Total WM MUELLER & SONS INC. $9,657.24

WSB & ASSOCIATES, INC.Paid Chk# 064258 9/3/2019

$448.00 * Red OakG 801-1170 LAND USE RECEIVABLE 0-002121-340-

$5,213.50 Halstead Drive ReconstructionE 499-43122-303 ENGINEERING SERV 0-002121-640-

$44.00 * Woodland Cove Lake 2nd AddnG 801-1170 LAND USE RECEIVABLE 0-002121-920-

$1,258.50 * Woodland Cove 3rd AddnG 801-1170 LAND USE RECEIVABLE R-010544-000-

$2,880.00 * 2018 Bldg Permits/ReviewE 101-42401-303 ENGINEERING SERV R-011259-000-

$641.50 * Ponds at Hunters CrestG 801-1170 LAND USE RECEIVABLE R-011356-000-

$1,887.00 *Jennings Bay VillasG 801-1170 LAND USE RECEIVABLE R-012767-000-

$2,224.00 *Nike Storage Phase 2G 801-1170 LAND USE RECEIVABLE R-012903-000-

$24,376.75 2019 Street ImprovementsE 406-43121-303 ENGINEERING SERV R-013162-000-

$1,578.50 Lift Station 7 Forcemain ReplacementE 602-49490-303 ENGINEERING SERV R-013209-000-

$500.00 General Engineering SvcsE 601-49440-303 ENGINEERING SERV R-013235-000-

$500.00 General Engineering SvcsE 602-49490-303 ENGINEERING SERV R-013235-000-

$500.00 General Engineering SvcsE 651-49590-303 ENGINEERING SERV R-013235-000-

$1,000.00 General Engineering SvcsE 101-42600-303 ENGINEERING SERV R-013235-000-

$1,333.00 *2019 WCA ServicesG 801-1170 LAND USE RECEIVABLE R-013255-000-

$900.00 *2019 Building Permits/ReviewE 101-42401-303 ENGINEERING SERV R-013364-000-

$375.75 2019 MS4 ServicesE 651-49590-303 ENGINEERING SERV R-013428-000-

$1,800.00 GIS ServicesE 602-49490-303 ENGINEERING SERV R-013623-000-

$137.00 *ML-9004 Woodland Cove Lk 3rd AddnG 801-1170 LAND USE RECEIVABLE R-013834-000-

$953.50 *Woodland Cove West RimG 801-1170 LAND USE RECEIVABLE R-014477-000-

Total WSB & ASSOCIATES, INC. $48,551.00

XCEL ENERGY-MNPaid Chk# 064259 9/3/2019

$12.18 Langewood SprinklerE 101-45202-401 BLDG/STRUCT MAINTENANCE 51-001024007-

$22.15 ElectricityE 602-49490-381 ELECTRIC UTILITIES 51-001102157

$1,864.82 Electricity-Street LightsE 101-43160-381 ELECTRIC UTILITIES 51-6565411-9

$12.87 Flow 18E 602-49490-381 ELECTRIC UTILITIES 51-7712620-6

$21.09 Lift 19E 602-49490-381 ELECTRIC UTILITIES 51-8558010-1

$18.40 Lift 16E 602-49490-381 ELECTRIC UTILITIES 51-8724735-0

$12.35 IrrigationE 101-45202-401 BLDG/STRUCT MAINTENANCE 51-9214996-5

$43.90 ElectricityE 101-43160-381 ELECTRIC UTILITIES 51-9440119-3

$2,914.53 Electricity-PoliceE 101-42110-381 ELECTRIC UTILITIES 51-9597547-2

$285.03 Water -ElectricityE 601-49440-381 ELECTRIC UTILITIES 51-9597553-0

Total XCEL ENERGY-MN $5,207.32

Petty CashPaid Chk# 1001558E 8/16/2019

$13.70 postageE 101-42110-322 POSTAGE

$9.13 shoe polishE 101-42110-417 UNIFORMS

$27.95 class lunchesE 101-42110-431 TRAIN/MTG/EXP & SUPPLIES

Total Petty Cash $50.78

MN DEPARTMENT OF REVENUEPaid Chk# 1001559E 8/23/2019

$4,644.97 * State w/hG 101-2310 PAYROLL CLEARING STATE W/H

Total MN DEPARTMENT OF REVENUE $4,644.97

INTERNAL REVENUE SERVICEPaid Chk# 1001560E 8/23/2019

$9,178.57 * PR - Fed w/hG 101-2300 PAYROLL CLEARING FED W/H

$10,770.16 * PR - SS/Medicare w/hG 101-2320 PAYROLL CLEARING FICA

Total INTERNAL REVENUE SERVICE $19,948.73

PUBLIC EMPLOYEES RETIREMENTPaid Chk# 1001561E 8/23/2019

$20,830.75 * Pera w/hG 101-2330 PAYROLL CLEARING PERA

Total PUBLIC EMPLOYEES RETIREMENT $20,830.75

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VOYAPaid Chk# 1001562E 8/26/2019

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

Total VOYA $400.00

EDWARD JONESPaid Chk# 1001563E 8/23/2019

$1,861.84 * Deferred Comp w/hG 101-2370 PAYROLL CLEARING DEFERRED CO

Total EDWARD JONES $1,861.84

OPTUMPaid Chk# 1001564E 8/26/2019

$6,169.00 HSA Employer and Employee ContG 101-2347 HSA CLEARING ACCT

Total OPTUM $6,169.00

ICMAPaid Chk# 1001565E 8/26/2019

$130.00 * Roth IRA ContributionsG 101-2370 PAYROLL CLEARING DEFERRED CO

$380.00 * Deferred Comp ContributionsG 101-2370 PAYROLL CLEARING DEFERRED CO

Total ICMA $510.00

XCEL ENERGY-MNPaid Chk# 1001566E 8/29/2019

$8,491.91 Electricity-Wells/Watertower/Treatment PlantE 601-49440-381 ELECTRIC UTILITIES 51-6565410-8

Total XCEL ENERGY-MN $8,491.91

Four M FundPaid Chk# 1001567E 8/28/2019

$1,500,000.00 TRANSFER FROM CHECKING TO INVESTMENT 4M FUND

G 101-1040 INVESTMENTS

Total Four M Fund $1,500,000.00

1010 1ST BK OF THE LAKES $1,918,796.94

Fund Summary

1010 1ST BK OF THE LAKES

101 GENERAL FUND $1,804,333.62

401 CAPITAL IMPROVEMENT PROGRAM $615.16

406 ROAD MAINTENANCE FUND $24,376.75

407 TREE REPLACEMENT FUND $3,560.00

499 2017 STREET PROJECTS $6,737.00

601 WATER FUND $48,050.09

602 SEWER FUND $7,519.56

651 STORM WATER MGMT FUND $10,274.26

673 CABLE $552.50

801 LANDUSE AGENCY $12,778.00

$1,918,796.94

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: VARIANCE: Application from Roman and Jessica Marjamaa for a front yard setback variance to allow for the conversion of the existing home into an accessory building at 395 County Road 110N; A Agriculture Zoning District; PID# 02-117-24-13-0008.

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

Meeting Date: September 3, 2019

Overview: Roman and Jessica Marjamaa (the “Applicants”) have made an application for a setback variance to reduce the required front yard setback from 60 feet to 37.3 feet to allow for the conversion of the existing home into an accessory building at 395 County Road 110N (the “Property”). As part of the proposal, the Applicants will construct a new single family home on the Property that meets all required setbacks.

Background: In 2011, the Applicants purchased the Property with the intent that a new single family home would be built at some point in the future. The existing home only has 2 bedrooms, which is no longer sufficient for a family of 4. The proposal includes the construction of a new single which will meet the Applicants current needs. Rather than tear down the existing home, the Applicant wish to reuse the structure as an accessory building. This will include the removal of the kitchen from the structure. At that point, it will not be considered a dwelling unit, thus complying with the single family zoning. The structure, however, does not comply with the front yard setback requirement. Therefore, the Applicants have applied for a variance request from the front yard setback requirement. The Applicants narrative and submittals go into further detail on the proposal.

Variance Request: City Code Section 505.05 Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when:

a. The variance is in harmony with the general purposes and intent of thisordinance.Section 505.03 Subd. 1 outlines the specific purpose and intent of the city’szoning ordinance, which are in place to protect the general public health, safety,morals, comfort, and general welfare of the inhabitants of the City by promotingthe character and preserve and enhance the stability of properties and areas withinthe City.

Item 4d

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 purpose and intent is accomplished by fixing reasonable standards for buildings and through the promotion of proper use of land and structures. The Applicants’ proposal accomplishes this through the reuse of an existing dwelling as an accessory building in an existing, reasonable location.

b. The variance is consistent with the comprehensive plan.The basic intent of the comprehensive planning process is to provide a well-founded and coordinated decision-making framework to guide both public andprivate development and community improvements. In this regard, thecomprehensive plan represents the development framework to guide and directfuture land development decisions within the City. The Land Use Plan is anarrative and graphic representation of the community’s land use and growthmanagement goals and policies that provides the background and rationale forland use designations as represented on the Proposed Land Use Map.

The Property is guided Rural per the 2030 Comprehensive plan. The Applicants’proposal complies with the Future Land Use map found in this plan.Furthermore, the reuse of an existing building is a minimally invasive solution toa growing family’s needs, which helps protect the wetlands and other naturalfeatures located on site.

A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means:

1. The property owner proposes to use the property in a reasonable manner notpermitted by this ordinance.This factor means that the landowner would like to use the property in a particularreasonable way, but cannot do so under the rules of the ordinance. It does notmean that the land cannot be put to any reasonable use whatsoever without thevariance.

The Applicants are proposing to construct a new single family home on theProperty. Since the zoning is single family, the existing home would need to beremoved. Rather than demo the structure, to reuse the existing home on theProperty by converting it an accessory building. This will include the removal ofthe kitchen, at which point it is no longer considered a dwelling unit. Reuse of theexisting structure in its current location, which does not meet setbacks, is a morereasonable use than a full demolition.

2. The plight of the landowner is due to circumstances unique to the propertynot created by the landowner.The uniqueness generally relates to the physical characteristics of the particularpiece of property, that is, to the land and not personal characteristics orpreferences of the landowner. When considering the variance for a building to

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.

encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property.

The existing single family home was built back in 1950, which is well before the Applicants purchasing the Property in 2011. Therefore, the location of the existing structure was not created by the Applicants. The Applicants are proposing to reuse the building in its existing location and are not changing the condition of the Property with regards to building locations.

3. The variance would not alter the essential character of the locality.Under this factor, consider whether the resulting structure will be out of scale, outof place, or otherwise inconsistent with the surrounding area.

The existing home has been in its location since 1950. The Applicants areproposing to convert the existing structure from a single family home to anaccessory building, which will not change the location, thus the structure will notbe out of place. It is also going to be under 1,000 sq. ft., which is not anuncommon size for an accessory building in this area.

Neighborhood Comments: Notices were sent out to all property owners within 500 feet of the subject property prior to the public hearing held by the Planning Commission. To date, staff has not received any comments this request and no one was present to speak at the public hearing.

Planning Commission Recommendation: The request was presented to the Planning Commission at their August 26, 2019 meeting. At that meeting, the following motion was made:

Motion by Vickery, seconded by Pettis to recommend the City Council approve the requested setback variance at 395 County Road 110N based on certain of fact in the staff report and subject to the following conditions:

1. The applicants enter into a second home agreement with the City;2. The applicants provide the City with an acceptable quote for the demolition of the

existing structure;3. The accessory structure cannot be sold, rented, or conveyed separately from the

primary residence;4. Any tree removal shall be done in accordance with city code and is subject to

certain replacement requirements;5. Any required grading shall maintain existing drainage patterns or improve the

existing drainage of the lot and adjacent lots;6. The applicant obtain all necessary permits and approvals from the City and other

applicable entities with jurisdiction over the property prior to any construction.7. The applicant is responsible for all the fees incurred by the City in review of this

application; and8. The variance approval is valid for one year from the date of approval and will

become void and expire unless a building permit has been issued for this site.

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.

Motion passed 7-0. Absent: None

Conclusion: The City Council should review the staff report and recommendation of the Planning Commission. After review, the City Council should consider the entire record before it prior to making a motion. Along with making a motion, findings of fact should be made in support of the decision. Possible findings of fact for approval are as follows:

1. The requested variance is in harmony with the purpose and intent of the City’szoning ordinances because through the reuse of an existing dwelling as anaccessory building is a proper use of land and structures and by doing so in anexisting location, reasonable standards have been maintained for the structure;

2. The requested variance is consistent with the City’s comprehensive plan becausethe Property is guided Rural per the 2030 Comprehensive plan and theApplicants’ proposal complies with the Future Land Use map found in this plan.Furthermore, the reuse of an existing building is a minimally invasive solution toa growing family’s needs, which helps protect the wetlands and other naturalfeatures located on site;

3. The Applicants propose to use the Property in a reasonable manner because theApplicants are proposing to reuse the existing building as an accessory building inthe same location, which is a reasonable use;

4. The requested variance is the result of a unique circumstance not created by thelandowner because the Applicants purchased the Property with the home in itscurrent location; and

5. The requested variance will not alter the character of the locality because theApplicants are reusing the existing structure in its current location, which hasbeen that way since 1950. The resulting accessory building will be under 1,000sq. ft., which is not uncommon for the neighborhood.

Recommended Action: Motion to approve the requested setback variance at 395 County Road 110N based on certain of fact outlined in the staff report and subject to the following conditions:

1. The Applicants enter into a second home agreement with the City;2. The Applicants provide the City with an acceptable quote for the demolition of

the existing structure;3. The accessory structure cannot be sold, rented, or conveyed separately from the

primary residence;4. Any tree removal shall be done in accordance with city code and is subject to

certain replacement requirements;5. Any required grading shall maintain existing drainage patterns or improve the

existing drainage of the lot and adjacent lots;6. The Applicant obtain all necessary permits and approvals from the City and other

applicable entities with jurisdiction over the Property prior to any construction;7. The Applicant is responsible for all fees incurred by the City in review of this

application; and8. The variance approval is valid for one year from the date of approval and will

become void and expire unless a building permit has been issued for the site.

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.

Attachments: 1. Location Map2. Project Narrative3. Property Photos4. Proposed Plans5. Proposed Survey6. Res. No. 101-19 Approving Setback Variance at 395 Co Rd 110N

395 Co Rd 110N

August 20, 2019Map Powered by DataLink from WSB & Associates

1 inch = 188 feet

RESOLUTION NO. 101-19

CITY OF MINNETRISTA

RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE OF 22.7 FEET TO ALLOW FOR THE CONVERSION OF THE EXISING HOME INTO

AN ACCESSORY BUILDING AT 395 COUNTY ROAD 110N

WHEREAS, the City of Minnetrista (the “City”) 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, Roman and Jessica Marjamaa (the “Applicants”) have made an application for a setback variance to reduce the required front yard setback from 60 feet to 37.3 feet to allow for the conversion of the existing home into an accessory building at the property generally located at 395 County Road 110N (the “Property”) and which is legally described on Exhibit A attached hereto; and

WHEREAS, on August 26, 2019, the Minnetrista Planning Commission considered the requested front yard setback variance, held a public hearing and, after consideration of the record before it, voted 7-0 in favor of recommending approval of the setback variance request; and

WHEREAS, the City Council has reviewed the application, as submitted, and has made the following findings of fact:

1. The requested variance is in harmony with the purpose and intent of the City’s zoningordinances because through the reuse of an existing dwelling as an accessory building is aproper use of land and structures and by doing so in an existing location, reasonablestandards have been maintained for the structure;

2. The requested variance is consistent with the City’s comprehensive plan because theProperty is guided Rural per the 2030 Comprehensive plan and the Applicants’ proposalcomplies with the Future Land Use map found in this plan. Furthermore, the reuse of anexisting building is a minimally invasive solution to a growing family’s needs, whichhelps protect the wetlands and other natural features located on site;

3. The Applicants propose to use the Property in a reasonable manner because theApplicants are proposing to reuse the existing building as an accessory building in thesame location, which is a reasonable use;

4. The requested variance is the result of a unique circumstance not created by thelandowner because the Applicants purchased the Property with the home in its currentlocation; and

5. The requested variance will not alter the character of the locality because the Applicantsare reusing the existing structure in its current location, which has been that way since1950. The resulting accessory building will be under 1,000 sq. ft., which is notuncommon for the neighborhood.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Minnetrista hereby approves the requested front yard setback variance to reduce the required setback from 60 feet to 37.3 feet on the property located at 395 County Road 110N for the conversion of the exhibit home into an accessory building, as submitted with the variance application, subject to the following conditions:

1. The Applicants enter into a second home agreement with the City;2. The Applicants provide the City with an acceptable quote for the demolition of the

existing structure;3. The accessory structure cannot be sold, rented, or conveyed separately from the primary

residence;4. Any tree removal shall be done in accordance with city code and is subject to certain

replacement requirements;5. Any required grading shall maintain existing drainage patterns or improve the existing

drainage of the lot and adjacent lots;6. The Applicant obtain all necessary permits and approvals from the City and other

applicable entities with jurisdiction over the Property prior to any construction;7. The Applicant is responsible for all fees incurred by the City in review of this

application; and8. The variance approval is valid for one year from the date of approval and will become

void and expire unless a building permit has been issued for the site.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd day of September, 2019 by a vote of _____ Ayes and _____ Nays.

__________________________________ Lisa Whalen, Mayor

ATTEST:

___________________________________ Kris Linquist, City Clerk

(SEAL)

101-19; 2019.09.03Variance - 395 Co Rd 110N

EXHIBIT A

Legal description of 395 County Road 110N:

_____________________________________________________________________________ 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: Request for Approval of a Step Increase from PP 2019 Step 6 to PP 2019 Step 7 for Jesse Schmidt, Public Safety Officer, effective September 13, 2019

Prepared By: Cassandra Tabor, Director of Administration

Meeting Date: September 3, 2019

Issue Officer Jesse Schmidt is eligible to move from PP 2019 Step 6 to PP 2019 Step 7. Officer Brown is to be compensated in accordance with the current labor agreement between the City of Minnetrista and L.E.L.S 116.

Background Officer Schmidt is eligible for a step increase upon completion of 15 years of employment in his officer position and excellent job performance. Officer Schmidt has been recognized for his initiative and dedication to his role. Officer Schmidt shows himself to be a determined and dedicated employee for the City. The City values his tenure with the department and thanks him for his service.

Fiscal Impact and Summary At this time, there will be a rate increase from $37.85/hr. to $38.61/hr. for Officer Schmidt. Officer Schmidt will be eligible for his next wage adjustment on January 1, 2020 per the labor contract.

Recommended City Council Action: Adopt Resolution No. 102-19 Approving the Step increase for Officer Jesse Schmidt from PP 2019 Step 6 to PP 2019 Step 7 as a Public Safety Officer, effective September 13, 2019.

Does Recommended Action meet City Mission Statement? Yes No Does Recommended Action meet City Goals/Priorities? Yes No Explain:

Item 4e

RESOLUTION NO. 102-19

CITY OF MINNETRISTA

RESOLUTION APPROVING A STEP INCREASE FOR OFFICER JESSE SCHMIDT, PUBLIC SAFETY OFFICER,

EFFECTIVE SEPTEMBER 13, 2019

WHEREAS, Officer Jesse Schmidt is eligible for a step increase from PP 2019 Step 6 to PP 2019 Step 7 based on the completion of fifteen years of employment as a full-time Public Safety Officer with the City of Minnetrista, effective September 13, 2019; and

WHEREAS, Officer Schmidt completed his fifteenth year of service with excellent performance appraisals approved by his department head, Chief Paul Falls; and

THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MINNETRISTA, to approve a step increase for Officer Jesse Schmidt under the terms and conditions of the labor agreement between the City of Minnetrista and L.E.L.S. 116 effective September 13, 2019.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd day of September, 2019 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: Request for Approval of a Step Increase from PP 2019 Step 3 to PP 2019 Step 4 for Joshua Brown, Public Safety Officer, effective September 12, 2019

Prepared By: Cassandra Tabor, Director of Administration

Meeting Date: September 3, 2019

Issue Officer Joshua Brown is eligible to move from PP 2019 Step 3 to PP 2019 Step 4. Officer Brown is to be compensated in accordance with the current labor agreement between the City of Minnetrista and L.E.L.S 116.

Background Officer Brown is eligible for a step increase upon completion of 3 years of employment in his officer position and excellent job performance. Officer Brown has been recognized for his initiative and dedication to learning his role. Officer Brown shows himself to be a determined and dedicated employee for the City. The City values his tenure with the department and thanks him for his service.

Fiscal Impact and Summary At this time, there will be a rate increase from $33.48/hr. to $36.00/hr. for Officer Brown. Officer Brown will be eligible for his next wage adjustment on January 1, 2020 per the labor contract.

Recommended City Council Action: Adopt Resolution No. 103-19 Approving the Step increase for Officer Joshua Brown from PP 2019 Step 3 to PP 2019 Step 4 as a Public Safety Officer, effective September 12, 2019.

Does Recommended Action meet City Mission Statement? Yes No Does Recommended Action meet City Goals/Priorities? Yes No Explain:

Item 4f

RESOLUTION NO. 103-19

CITY OF MINNETRISTA

RESOLUTION APPROVING A STEP INCREASE FOR OFFICER JOSHUA BROWN, PUBLIC SAFETY OFFICER,

EFFECTIVE SEPTEMBER 12, 2019

WHEREAS, Officer Joshua Brown is eligible for a step increase from PP 2019 Step 3 to PP 2019 Step 4 based on the completion of three years of employment as a full-time Public Safety Officer with the City of Minnetrista, effective September 12, 2019; and

WHEREAS, Officer Brown completed his third year of service with excellent performance appraisals approved by his department head, Chief Paul Falls; and

THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MINNETRISTA, to approve a step increase for Officer Joshua Brown under the terms and conditions of the labor agreement between the City of Minnetrista and L.E.L.S. 116 effective September 12, 2019.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd day of September, 2019 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: Request for Approval of a Step Increase from 2019 Step Level 2 to 2019 Step Level 3 for Carter Ostlie, Public Works Maintenance Worker, effective September 11, 2019

Prepared By: Cassandra Tabor, Director of Administration

Meeting Date: September 3, 2019

Issue Mr. Carter Ostlie is eligible to move from 2019 Step Level 2 to 2019 Step Level 3. Mr. Ostlie is to be compensated in accordance with the current labor agreement between the City of Minnetrista and I.U.O.E. Local 49.

Background Carter Ostlie began full-time employment as a Public Works Maintenance Worker on September 11, 2017, and is eligible for a step increase upon completion of two years of employment and excellent job performance.

Fiscal Impact and Summary At this time, there will be a rate increase from $23.39/hr to $24.39/hr for Mr. Ostlie. Carter Ostlie has been a very valuable asset to the City and Public Works department, and his efforts are greatly appreciated.

Recommended City Council Action: Adopt Resolution No. 104-19 Approving the Step increase for Mr. Carter Ostlie from 2019 Step 2 to 2019 Step 3 as Public Works Maintenance Worker, effective September 11, 2019.

Does Recommended Action meet City Mission Statement? Yes No Does Recommended Action meet City Goals/Priorities? Yes No Explain:

Item 4g

RESOLUTION NO. 104-19

CITY OF MINNETRISTA

RESOLUTION APPROVING A STEP CHANGE FOR CARTER OSTLIE, MAINTENANCE WORKER

EFFECTIVE SEPTEMBER 11, 2019

WHEREAS, Mr. Carter Ostlie was hired on September 11, 2017 and has completed two years of service with the City; and

WHEREAS, Carter Ostlie received an excellent performance review by his direct supervisor, Public Works Superintendent Gary Peters, on his performance review; and

THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MINNETRISTA, to approve the change from Step 2 to Step 3 for Carter Ostlie, Public Workers Maintenance Worker, effective September 11, 2019, the anniversary date of his hire.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd day of September, 2019, 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

PUBLIC HEARING

Subject: Vacate Certain Drainage and Utility Easements within the Property to be platted as Woodland Cove West RIM

Prepared By: David Abel, Community Development Director

Meeting Date: September 3, 2019

Issue: M/I Homes submitted an application to re-plat a small portion of the third addition in Woodland Cove. As part of the application an easement vacation is needed to remove the drainage and utility easements on the existing lots. Pursuant to Minn Stat. § 412.851 the City scheduled a public hearing for September 3, 2019 to consider vacation of the drainage and utility easements.

Recommended City Council Action: Motion to adopt Resolution No. 105-19 approving an easement vacation.

Item 5a (i)

1

RESOLUTION NO. 105-19

CITY OF MINNETRISTA

RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN THE PROPERTY TO BE PLATTED AS

WOODLAND COVE WEST RIM

WHEREAS, the city of Minnetrista (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and

WHEREAS, M/I Homes of Minneapolis/St. Paul, LLC a Delaware limited liability company (the “Applicant”) is the fee owner of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Block 2, WOODLAND COVE 3RD ADDITION (the “Property”); and

WHEREAS, the City has granted final approval of the plat of Woodland Cove West RIM, which plat will convey to the City necessary drainage and utility easements; and

WHEREAS, the Developer has requested that the City vacate the drainage and utility easements currently existing on the Property which will interfere with development of the subdivision; and

WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for September 3, 2019 to consider vacation of the drainage and utility easements described on Exhibit A and depicted on Exhibit B attached hereto; and

WHEREAS, notice of the public hearing was posted, published in the official newspaper, all in accordance with law; and

WHEREAS, the City held the public hearing on the proposed vacation on September 3, 2019, at which hearing all interested parties were heard; and

WHEREAS, following the public hearing, the City determined that vacation of the drainage and utility easements as requested is in the public interest.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Minnetrista, Minnesota as follows:

1. The City hereby declares that the easements legally described on Exhibit A and depictedon Exhibit B attached hereto are hereby vacated.

2. The city administrator or his designee is authorized and directed to prepare and present tothe Hennepin County auditor a notice that the City has completed these vacationproceedings and record with Hennepin County the described vacation following the final

2

approval of the plat of Woodland Cove West RIM and assurance that said plat will be duly recorded and the drainage and utility easements depicted thereon conveyed to the City.

The foregoing resolution was adopted by the city council of the city of Minnetrista this 3rd day of September, 2019 by a vote of _____ ayes and ______ nays.

____________________________________ Lisa Whalen, Mayor

ATTEST:

________________________________ Kris Linquist, City Clerk

105-19; 2019.09.03 Easement VacationWoodland Cove West RIM

A-1

EXHIBIT A

Legal Description

B-1

EXHIBIT B

Sketch of Easement Vacation

_____________________________________________________________________________

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

PUBLIC HEARING

Subject: Woodland Cove West RIM Re-plat

Prepared By: David Abel, Community Development Director

Meeting Date: September 3, 2019

Issue: M/I Homes submitted an application to re-plat a small portion of the third addition within Woodland Cove. They are requesting to take 25 existing lots and make 18 wider lots. M/I has found that 40’ – 50’ wide lots are more desirable and this request will accommodate that. The purpose of this re-plat is to provide more single level villa homes.

Background: Woodland Cove was approved for a minimum of 1,071 total dwelling units. To date, there has been six phases platted within the development (555 units). The lot reduction would bring the total lots down to three lots above the preliminary plat approved density which was 545 units. With this re-plat there will be 548 total units within the development. Please note that the Applicant’s narrative only lists the total units for Phases I, II, & III. These are the Phases that M/I Homes is building in. Their narrative does not include the total units for the three Lake Addition Phases within Woodland Cove. Those numbers are reflected in the paragraph above.

Recommended City Council Action: Motion to adopt Resolution No. 106-19 Approving Woodland Cove West RIM Final Plat

Item 5a (ii)

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August 1, 2019

Mr. Nickolas Olson City Planner City of Minnetrista 7701 County Road 110 West Minnetrista, MN 55364

Re: Woodland Cove 3rd Addition – West Rim ML No. 19012 WSB Project No. 011447-000

Dear Mr. Olson:

We have completed our review of the plat and construction plan submittal for the proposed replatting of Woodland Cove 3rd Addition, as requested. Plans and documents are dated June 26, 2019, prepared by James R. Hill, Inc. The following review comments represent recommendations from an engineering standpoint appropriate for construction plan review level. Based on our review of the plan, we have the following comments:

GRADING PLAN

1. Verify the areas originally between house pads that are now areas proposed to behouse pads were prepared with the original site grading or are included in beingevaluated by a soils engineer prior to house construction.

UTILITIES

1. Revise Note 2 to read that water and sanitary services are to be removed to andabandoned at the property/right of way line and be permanently capped. Waterservice caps shall be soldered on.

2. Add note reiterating that curb stops falling in proposed driveways will require a FordA-1 meter box cover.

Additional plan review comments and recommendations will be reserved for future plan submittals.

Please contact me if you have any questions or need any additional information.

Sincerely,

WSB

Adam Gadbois, P.E. Project Engineer

cc: Alyson Fauske, City Engineer

DENOTES FOUND 1/2 INCH BY 14 INCH IRONMONUMENT WITH CAP MARKED R.L.S. NO. 47481

DENOTES SET 1/2 INCH BY 14 INCH IRON MONUMENTWITH CAP MARKED R.L.S. NO. 47481

KNOW ALL PERSONS BY THESE PRESENTS: That M/I Homes of Minneapolis/St. Paul, LLC, a Delawarelimited liability company, owner of the following described property, situated in the State ofMinnesota, County of Hennepin to wit:

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25,Block 2, WOODLAND COVE 3RD ADDITION

Has caused the same to be surveyed and platted as WOODLAND COVE WEST RIM and does herebydedicate to the public for public use the drainage and utility easements as created on this plat.

In witness whereof said M/I Homes of Minneapolis/St. Paul, LLC, a Delaware limited liabilitycompany, has caused these presents to be signed by its proper officer this dayof , 20 .

M/I Homes of Minneapolis/St. Paul, LLC

By: Gary M. White, Area President

STATE OF

COUNTY OF

This instrument was acknowledged before me on day of , 20 ,by Gary M. White, the Area President of M/I Homes of Minneapolis/St. Paul, LLC, a Delaware limitedliability company, on behalf of the company.

County, Printed Name

My commission expires

I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my directsupervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is acorrect representation of the boundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on this plat have been, or will be correctly setwithin one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all publicways are shown and labeled on this plat.

Dated this day of , 20

______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481

STATE OF MINNESOTA

COUNTY OF

This instrument was acknowledged before me on this day of ,20 , by Marcus F. Hampton.

County, Printed Name

My commission expires January 31,

CITY COUNCIL, CITY OF MINNETRISTA, MINNESOTA

This plat of WOODLAND COVE WEST RIM was approved and accepted by the City Council of the Cityof Minnetrista, Minnesota at a regular meeting thereof held this day of ,20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03,Subd. 2.

By: Mayor Clerk

RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota

I hereby certify that taxes payable in 20___ and prior years have been paid for land described on thisplat, dated this day of , 20 .

Mark V. Chapin, Hennepin County Auditor

By: ______________________________, Deputy

SURVEY DIVISION, Hennepin County, Minnesota

Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 20 .

Chris F. Mavis, Hennepin County Surveyor

By: ______________________________

REGISTRAR OF TITLES, Hennepin County, Minnesota

I hereby certify that the within plat of WOODLAND COVE WEST RIM was filed in this office this day of , 20 , at ______ o'clock ______. M.

Martin McCormick, Hennepin County Registrar of Titles

By: ______________________________, Deputy

BEARINGS ARE BASED ON THE SOUTHWESTLINE OF LOT 17, BLOCK 2, WOODLANDCOVE 3RD ADDITION, WHICH IS ASSUMEDTO HAVE A BEARING OF N 18°04'50" W

DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.

DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:

RESOLUTION NO. 106-19

CITY OF MINNETRISTA

RESOLUTION GRANTING APPROVAL OF WOODLAND COVE WEST RIM RE-PLAT

WHEREAS, the city of Minnetrista (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and

WHEREAS, the City has adopted zoning and subdivision regulations to promote the orderly, economic and safe development and utilization of land; and

WHEREAS, M/I Homes of Minneapolis/St. Paul, LLC, a Delaware limited liability company, (the “Applicant”) is the fee owner of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Block 2 WOODLAND COVE 3RD ADDITION; and

WHEREAS, the Applicant has applied for approval of a Re-Plat of Woodland Cove to Woodland Cove West RIM for purposes of eliminating seven lots; and

WHEREAS, the Re-Plat has been reviewed by the City for compliance with the City’s ordinances;

NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Minnetrista, that approval of a Re-Plat is hereby granted to the Applicant for Woodland Cove West RIM, subject to the following terms and conditions:

1) The Applicant shall pay to the City administrative fee in an amount sufficient toreimburse the City for the cost of reviewing this application prior to recording of theplat

2) The Applicant must comply with all comments and recommendations of the cityengineer in conformance with the city engineer’s review memorandum dated August1, 2019, and;

3) The final plat shall be recorded within 60 days of the date the plat is executed by theCity.

This resolution was adopted by the City Council of the City of Minnetrista on this 3rd day of September, 2019, by a vote of ________ ayes and ________ nays.

____________________________________ Lisa Whalen, Mayor

ATTEST:

________________________________ Kris Linquist, City Clerk

_____________________________________________________________________________

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: Res. No. 107-19 Adoption of 2020 Preliminary Levy

Prepared By: Brian Grimm, Finance Director – on behalf of Department Manager Budget Working Group

Meeting Date: September 3, 2019 City Council and the Department Manager Budget Working Group had a full presentation and discussion on August 5th regarding the setting of the Preliminary Tax Levy for 2019. At the follow up discussion at the August 19th meeting there seemed to be a consensus of Council members on setting the 2019 preliminary levy as presented in either of a couple options (version 1 or version 2) or somewhere between the two potential options. A third version is being presented that is based on taking out the $50,000 slated for cash levy for the CIP and adding that back into the upcoming 2020 equipment certificate.

The preliminary options presented are ones that captures growth that has continued to occur within the City and would have on average an inflationary impact on existing properties. The options presented also take into effect the needs of the City as far as operations, roads and capital while balancing that with fiscal impacts for the City and its residents.

For version 1 it would amount to a gross levy of $4,954,692 amounting to a net levy increase of $267,311 from 2019 (5.87%). The version 2 spreadsheet would be a gross levy of $4,879,692 amounting to a net levy increase of $192,311 from 2019 (4.28%). The 3rd version referenced above would be would be a gross levy of $4,904,692 amounting to a net levy increase of $217,311 from 2019 (4.77%).

As in previous years, the City’s preliminary levy will have to be certified to the County by the end of September deadline. A factor to consider is the preliminary levy, once set, can only stay the same or be reduced at the time of final certification in December. It can not be increased from the preliminary levy that is certified to the County.

Recommended City Council Action: The goal of this agenda item is to adopt the attached 2020 preliminary tax levy by resolution to certify to the County by the above mentioned September 30th 2019 deadline.

Does Recommended Action meet City Mission Statement? x Yes No Does Recommended Action meet City Goals/Priorities? x Yes No Explain: This item is a discussion on the 2020 preliminary levy for funding 2020 services, operations and capital needs.

Item 6a (i)

_______________________________________________________________________

Option #1

RESOLUTION NO. 107-19

CITY OF MINNETRISTA COUNTY OF HENNEPIN STATE OF MINNESOTA

ADOPTING PROPOSED 2019 TAX LEVY, COLLECTIBLE IN 2020

Be it resolved by the City Council of the City of Minnetrista, County of Hennepin, Minnesota, that the following sums of money be levied for the current year, collectible in 2020, upon the taxable property in the City of Minnetrista, for the following purposes:

GENERAL FUND $ 3,439,483 ROADS $ 600,000 CIP (Capital Equipment Plan) $ 50,000 BOND RETIREMENT EQUIPMENT CERTIFICATES 2015 A $ 70,000 BOND RETIREMENT EQUIPMENT CERTIFICATES 2016 A $ 82,500 BOND RETIREMENT EQUIPMENT CERTIFICATES 2017 A $ 57,000 BOND RETIREMENT MOUND FIRE HALL $ 72,000 GAME FARM ROAD/SOUTH BAY $ 99,209 MAPLECREST PROECT (2014A REFUNDING) $ 20,500 2017 STREET PROJECTS $ 118,000 PUBLIC FACILITIES PROJECT (2014 B) $ 346,000 TOTAL PROPOSED 2019 PAY 2020 LEVY $ 4,954,692

Operations Levy Gross Fiscal Net Levy Disparities Levy

$4,089,483 ($135,505) $3,953,978

Special Levies Game

Farm/South Bay Equipment

Mound Fire

2017 Street

Maple Crest Pub Facil Total

Bond Certs Hall Bond Projects Bond

2014A Bond Project

Special Levies

$99,209 $209,500 $72,000 $118,000 $20,500 $346,000 865,209 Special levy notes – A portion of the 2014 B bond is paid by the City of Saint Bonifacius. There is no levy on the 2012 A Bond as paid through MSA dollars in lieu of tax levy. The 2017 B Bonds are 100% paid for with developer assessments. The 2017 C Bonds are paid for with developer assessments as well as a City share paid for by utility funds.

A certified copy of this resolution shall be submitted to the County Auditor of Hennepin County, Minnesota, by Monday September 30, 2019.

This resolution was adopted on the 3rd day of September 2019, by a vote of _____Ayes and _____Nays.

______________________ Lisa Whalen, Mayor

ATTEST:

______________________ Kris Linquist, City Clerk

(SEAL)

State of Minnesota Option #1County of Hennepin

Taxing Jurisdiction

I, Clerk of hereby certify that

3-Sep-19

** Provide a breakdown of the certified levy by individual bond on page 2.

Given under my hand this day of , 2019

TOTAL TAX CAPACITY BASED LEVY 4,954,692.00$

Taxing Jurisdiction Clerk

*The levy amount by line item should already be reduced by Local Government Aid (LGA) and other resourcesused to finance your taxing jurisdiction's budget.

*** Per M.S. 275.61, Levies for the payment of debt obligations that are approved by voters after June 30, 2008must be levied on net tax capacity.

A. TOTAL TAX CAPACITY BASED LEVY 4,954,692.00

B. MARKET VALUE BASED REFERENDUM LEVY***

the following Resolution establishing the levy upon taxable property in said Taxing Jurisdiction

2. Bonded Indebtedness** 865,209.00

3. Sewer District

was passed by the governing body at a duly convened meeting held on

LEVY ITEM CERTIFIED LEVY*

1. General Revenue 4,089,483.00

City of Minnetrista

2020 PROPOSED LEVY CERTIFICATION

Kris Linquist City of Minnetrista

BOND DESCRIPTION CERTIFIED LEVY

Mound Fire Hall Bond 72,000.00

Maple Crest Project Bond (2014 A) 20,500.00

Public Facilities. Project (2014 B) 346,000.00

Game Farm Road/South Bay Project (2010 A) 99,209.00

2015 Equip Certificates 70,000.00

2016 Equip Certificates 82,500.00

2017 Equip Certificates 57,000.00

2017 Street Projects (2017 A) 118,000.00

Highland Road Debt Fund (2012 A) MSA in lieu of levy 0

DEBT SERVICE TOTAL** 865,209.00$

** This must match the totals for debt service reported on page 1.

Per M.S. 475.61 all debt must be accounted for in the resolution. If the amount levied is less than the required amount from the payment schedule for the bond, you must submit a resolution stating that there are sufficient funds for that bond. This can be included in the same resolution with your levy.

LEVY CERTIFICATION - DEBT SERVICE SCHEDULE

City of Minnetrista

1

Option #2 RESOLUTION NO. 107-19

CITY OF MINNETRISTA COUNTY OF HENNEPIN STATE OF MINNESOTA

ADOPTING PROPOSED 2019 TAX LEVY, COLLECTIBLE IN 2020

Be it resolved by the City Council of the City of Minnetrista, County of Hennepin, Minnesota, that the following sums of money be levied for the current year, collectible in 2020, upon the taxable property in the City of Minnetrista, for the following purposes:

GENERAL FUND $ 3,439,483 ROADS $ 525,000 CIP (Capital Equipment Plan) $ 50,000 BOND RETIREMENT EQUIPMENT CERTIFICATES 2015 A $ 70,000 BOND RETIREMENT EQUIPMENT CERTIFICATES 2016 A $ 82,500 BOND RETIREMENT EQUIPMENT CERTIFICATES 2017 A $ 57,000 BOND RETIREMENT MOUND FIRE HALL $ 72,000 GAME FARM ROAD/SOUTH BAY $ 99,209 MAPLECREST PROECT (2014A REFUNDING) $ 20,500 2017 STREET PROJECTS $ 118,000 PUBLIC FACILITIES PROJECT (2014 B) $ 346,000 TOTAL PROPOSED 2019 PAY 2020 LEVY $ 4,879,692

Operations Levy Gross Fiscal Net Levy Disparities Levy

$4,014,483 ($135,505) $3,878,978

Special Levies Game

Farm/South Bay Equipment

Mound Fire

2017 Street

Maple Crest Pub Facil Total

Bond Certs Hall Bond Projects Bond

2014A Bond Project

Special Levies

$99,209 $209,500 $72,000 $118,000 $20,500 $346,000 865,209 Special levy notes – A portion of the 2014 B bond is paid by the City of Saint Bonifacius. There is no levy on the 2012 A Bond as paid through MSA dollars in lieu of tax levy. The 2017 B Bonds are 100% paid for with developer assessments. The 2017 C Bonds are paid for with developer assessments as well as a City share paid for by utility funds.

A certified copy of this resolution shall be submitted to the County Auditor of Hennepin County, Minnesota, by Monday September 30, 2019.

This resolution was adopted on the 3rd day of September 2019, by a vote of _____Ayes and _____Nays.

______________________ Lisa Whalen, Mayor

ATTEST:

______________________ Kris Linquist, City Clerk

(SEAL)

State of Minnesota Option #2County of Hennepin

Taxing Jurisdiction

I, Clerk of hereby certify that

3-Sep-19

** Provide a breakdown of the certified levy by individual bond on page 2.

Given under my hand this day of , 2019

City of Minnetrista

2020 PROPOSED LEVY CERTIFICATION

Kris Linquist City of Minnetrista

the following Resolution establishing the levy upon taxable property in said Taxing Jurisdiction

2. Bonded Indebtedness** 865,209.00

3. Sewer District

was passed by the governing body at a duly convened meeting held on

LEVY ITEM CERTIFIED LEVY*

1. General Revenue 4,014,483.00

A. TOTAL TAX CAPACITY BASED LEVY 4,879,692.00

B. MARKET VALUE BASED REFERENDUM LEVY***

TOTAL TAX CAPACITY BASED LEVY 4,879,692.00$

Taxing Jurisdiction Clerk

*The levy amount by line item should already be reduced by Local Government Aid (LGA) and other resourcesused to finance your taxing jurisdiction's budget.

*** Per M.S. 275.61, Levies for the payment of debt obligations that are approved by voters after June 30, 2008must be levied on net tax capacity.

BOND DESCRIPTION CERTIFIED LEVY

Mound Fire Hall Bond 72,000.00

Maple Crest Project Bond (2014 A) 20,500.00

Public Facilities. Project (2014 B) 346,000.00

Game Farm Road/South Bay Project (2010 A) 99,209.00

2015 Equip Certificates 70,000.00

2016 Equip Certificates 82,500.00

2017 Equip Certificates 57,000.00

2017 Street Projects (2017 A) 118,000.00

Highland Road Debt Fund (2012 A) MSA in lieu of levy 0

DEBT SERVICE TOTAL** 865,209.00$

** This must match the totals for debt service reported on page 1.

Per M.S. 475.61 all debt must be accounted for in the resolution. If the amount levied is less than the required amount from the payment schedule for the bond, you must submit a resolution stating that there are sufficient funds for that bond. This can be included in the same resolution with your levy.

LEVY CERTIFICATION - DEBT SERVICE SCHEDULE

City of Minnetrista

1

Option #3 RESOLUTION NO. 107-19

CITY OF MINNETRISTA COUNTY OF HENNEPIN STATE OF MINNESOTA

ADOPTING PROPOSED 2019 TAX LEVY, COLLECTIBLE IN 2020

Be it resolved by the City Council of the City of Minnetrista, County of Hennepin, Minnesota, that the following sums of money be levied for the current year, collectible in 2020, upon the taxable property in the City of Minnetrista, for the following purposes:

GENERAL FUND $ 3,439,483 ROADS $ 600,000 BOND RETIREMENT EQUIPMENT CERTIFICATES 2015 A $ 70,000 BOND RETIREMENT EQUIPMENT CERTIFICATES 2016 A $ 82,500 BOND RETIREMENT EQUIPMENT CERTIFICATES 2017 A $ 57,000 BOND RETIREMENT MOUND FIRE HALL $ 72,000 GAME FARM ROAD/SOUTH BAY $ 99,209 MAPLECREST PROECT (2014A REFUNDING) $ 20,500 2017 STREET PROJECTS $ 118,000 PUBLIC FACILITIES PROJECT (2014 B) $ 346,000 TOTAL PROPOSED 2019 PAY 2020 LEVY $ 4,904,692

Operations Levy Gross Fiscal Net Levy Disparities Levy

$4,039,483 ($135,505) $3,903,978

Special Levies Game

Farm/South Bay Equipment

Mound Fire

2017 Street

Maple Crest Pub Facil Total

Bond Certs Hall Bond Projects Bond

2014A Bond Project

Special Levies

$99,209 $209,500 $72,000 $118,000 $20,500 $346,000 865,209 Special levy notes – A portion of the 2014 B bond is paid by the City of Saint Bonifacius. There is no levy on the 2012 A Bond as paid through MSA dollars in lieu of tax levy. The 2017 B Bonds are 100% paid for with developer assessments. The 2017 C Bonds are paid for with developer assessments as well as a City share paid for by utility funds.

A certified copy of this resolution shall be submitted to the County Auditor of Hennepin County, Minnesota, by Monday September 30, 2019.

This resolution was adopted on the 3rd day of September 2019, by a vote of _____Ayes and _____Nays.

______________________ Lisa Whalen, Mayor

ATTEST:

______________________ Kris Linquist, City Clerk

(SEAL)

State of Minnesota Option #3County of Hennepin

Taxing Jurisdiction

I, Clerk of hereby certify that

3-Sep-19

** Provide a breakdown of the certified levy by individual bond on page 2.

Given under my hand this day of , 2019

City of Minnetrista

2020 PROPOSED LEVY CERTIFICATION

Kris Linquist City of Minnetrista

the following Resolution establishing the levy upon taxable property in said Taxing Jurisdiction

2. Bonded Indebtedness** 865,209.00

3. Sewer District

was passed by the governing body at a duly convened meeting held on

LEVY ITEM CERTIFIED LEVY*

1. General Revenue 4,039,483.00

A. TOTAL TAX CAPACITY BASED LEVY 4,904,692.00

B. MARKET VALUE BASED REFERENDUM LEVY***

TOTAL TAX CAPACITY BASED LEVY 4,904,692.00$

Taxing Jurisdiction Clerk

*The levy amount by line item should already be reduced by Local Government Aid (LGA) and other resourcesused to finance your taxing jurisdiction's budget.

*** Per M.S. 275.61, Levies for the payment of debt obligations that are approved by voters after June 30, 2008must be levied on net tax capacity.

BOND DESCRIPTION CERTIFIED LEVY

Mound Fire Hall Bond 72,000.00

Maple Crest Project Bond (2014 A) 20,500.00

Public Facilities. Project (2014 B) 346,000.00

Game Farm Road/South Bay Project (2010 A) 99,209.00

2015 Equip Certificates 70,000.00

2016 Equip Certificates 82,500.00

2017 Equip Certificates 57,000.00

2017 Street Projects (2017 A) 118,000.00

Highland Road Debt Fund (2012 A) MSA in lieu of levy 0

DEBT SERVICE TOTAL** 865,209.00$

** This must match the totals for debt service reported on page 1.

Per M.S. 475.61 all debt must be accounted for in the resolution. If the amount levied is less than the required amount from the payment schedule for the bond, you must submit a resolution stating that there are sufficient funds for that bond. This can be included in the same resolution with your levy.

LEVY CERTIFICATION - DEBT SERVICE SCHEDULE

City of Minnetrista

1

_____________________________________________________________________________

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: Res. No. 108-19 Approve Debt Levy at 100% of 2020 Bond payments

Prepared By: Brian Grimm, Finance Director - for Department Manager Budget Working Group

Meeting Date: September 3, 2019

Per Minnesota Statute 475.061, municipalities may levy up to 105% of the next year’s debt payments. The City Council has historically levied for 100% of the next year’s bond payments. Statute 475.061 provides for the council, at it’s discretion to authorize adopting a levy that is less than the 105% that is allowed. Per our auditor, the City should annually adopt and set the percentage that is collected for the debt levy.

Adopting a policy where the Council levies for the additional 5% provided by statute would increase the debt levy by about $43,000. The debt funds have adequate cash and fund balance for retiring debt service at this time but due to delinquent taxes and other factors, this could change in the future.

Recommended City Council Action: Adopt Resolution No. 108-19 Approving to Levy for 100% of 2020 bond payments on existing debt issues and then monitor for future budget cycles to see if the change to 105% levy of future bond payments is warranted

Does Recommended Action meet City Mission Statement? x Yes No Does Recommended Action meet City Goals/Priorities? x Yes No Explain: This item is a discussion on the 2020 budget and levy for funding 2020 debt levies.

Item 6a (ii)

RESOLUTION NO. 108-19

CITY OF MINNETRISTA

Adopting a Debt Levy for 100% of 2020 Bond payments on existing debt instead of the statutory allowed 105% of 2020 bond payments

WHEREAS, pursuant to Minnesota Statutes, 475.61, Cities can levy up to 105% of their next year’s bond payments

WHEREAS, the City Council historically has adopted a budget that levies for 100% of bond payments

WHEREAS, fund balances are available to allow for this to happen again for 2020

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Minnetrista, that it is levying for 100% of the City’s bond payments in 2020.

APPROVED, this 3rd day of September, 2019, 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

BUSINESS/DISCUSSION ITEM

Subject: Approve Meeting Date for Public Comment and discussion on 2020 Budget and Levy

Prepared By: Brian Grimm, Finance Director

Meeting Date: September 3, 2019

As required by statute, the City must select a date to discuss the proposed budget and property tax levy for 2020. The Legislature has set aside that any time after November 25th, the meeting can be held and that the meeting must be after 6:00 p.m. on the evening selected.

Per the Council meeting schedule, the first regularly scheduled meeting after November 25th would be on December 2nd. Staff recommends selecting this date to take Public comment on the budget and levy before the final 2020 budget and levy were to be adopted.

Recommended City Council Action: Motion approving selecting December 2, 2019 at 7:00 p.m as the Public Comment date for discussion of the 2020 Budget and tax levy to be adopted

Does Recommended Action meet City Mission Statement? x Yes No Does Recommended Action meet City Goals/Priorities? x Yes No Explain: This item is to set a date for Public Comment on the 2020 Budget and Levy.

Item 6a (iii)

_____________________________________________________________________________

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:

Resolution No. 109-19 Adopting the 2040 Comprehensive Plan Update

David Abel, Community Development Director

September 3, 2019

Issue: The 2040 Comprehensive Plan Update was approved by the Metropolitan Council on July 24, 2019 and is now ready for the City Council’s adoption. Once adopted, the City can proceed with the implementation actions in the plan, including making changes to the official controls (zoning and subdivision ordinances) to ensure consistency with the plan. Updates to the zoning ordinance and map must be made within nine months of the Plan’s adoption.

Due to the size of the 2040 Comprehensive Plan it was not included as part of the City Council packet. The Plan is posted on the City’s website and a link to that page is provided for you here: http://www.cityofminnetrista.com/comprehensive-planning

Attachments: • Notice of Metropolitan Council Action Letter Dated July 26, 2019• Resolution Adopting the 2040 Comprehensive Plan

Recommended City Council Action: Motion to Adopt Resolution No. 109-19 Adopting the 2040 Minnetrista Comprehensive Plan Update

Item 6b

RESOLUTION NO. 109-19

CITY OF MINNETRISTA

A RESOLUTION ADOPTING THE 2040 MINNETRISTA COMPREHENSIVE PLAN UPDATE, A COMPILATION OF POLICY STATEMENTS, GOALS, STANDARDS,

AND MAPS FOR GUIDING THE OVERALL DEVELOPMENT OF THE LOCAL GOVERNMENTAL UNIT

WHEREAS, Minnesota Statutes section 473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and

WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their “decennial” reviews by December 31, 2018; and

WHEREAS, the Minnetrista City Council authorized the review and update of its Comprehensive Plan; and

WHEREAS, the proposed Minnetrista 2040 Comprehensive Plan is a planning tool intended to guide the future growth and development of the City of Minnetrista in a manner that conforms with metropolitan system plans and complies with the Metropolitan Land Planning Act and other applicable planning statutes; and

WHEREAS, the proposed Minnetrista 2040 Comprehensive Plan reflect a community planning process conducted in the years 2016 through 2018 involving elected officials, appointed officials, city staff, residents, the public at large, and other stakeholders; and

WHEREAS, pursuant to Minnesota Statutes section 473.858, the proposed 2040

Comprehensive Plan was submitted to adjacent governmental units and affected

special districts and school districts for review and comment on June 16, 2017 and the

statutory six-month review and comment period has elapsed; and

WHEREAS, the Planning Commission has considered the proposed 2040

Comprehensive Plan and all public comments, and thereafter submitted its

recommendations to the City Council and

WHEREAS, on March 22, 2017, the Planning Commission conducted a public

hearing(s) on the proposed 2040 Comprehensive Plan; and

WHEREAS, the City Council approved Resolution 87-17 authorizing the

proposed 2040 Comprehensive Plan to be submitted to the Metropolitan Council for

review; and

WHEREAS, at its regular meeting on July 24, 2019 the Metropolitan Council

completed its review of the proposed 2040 Comprehensive Plan and found that the Plan

meets the requirements of the Metropolitan Land Planning Act; conforms to the

metropolitan system plans for transportation (including aviation), water resources, and

parks; is consistent with Thrive MSP 2040; and is compatible with the plans of adjacent

jurisdictions and affected special districts and school districts; and

WHEREAS, the 2040 proposed Comprehensive Plan includes all revisions made

during the review process and responds to additional advisory comments that are part

of the Metropolitan Council’s actions authorizing the City Council to place its proposed

2040 Comprehensive Plan into effect.

NOW THERE, BE IT RESOLVED BY THE MINNETRISTA CITY COUNCIL, MINNESOTA, that the Minnetrista 2040 Comprehensive Plan is adopted and is effective as of the date of this resolution.

This resolution was adopted by the City Council of the City of Minnetrista this 3rd, day of September, 2019 by a vote of ____ ayes and ____ nays.

_________________________________

Lisa Whalen, Mayor

ATTEST:

_________________________________ Kris Linquist, City Clerk

109-19; 2019.09.032040 Comprehensive Plan

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: CLASS III SUBDIVISION PRELIMINARY PLAT: Application from Susan Casaus for a 2 lot subdivision at 7155 County Road 26; A Agriculture Zoning District; PID# 03-117-24-32-0005. The proposed plat also includes 36 AddressUnassigned; A Agriculture Zoning District; PID# 03-117-24-33-0008.

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

Meeting Date: September 3, 2019

Overview: Susan Casaus (the “Applicant”) has submitted a Preliminary Plat application for a 2 lot subdivision at 7155 County Road 26 (the “Property”) known as Casaus Addition. The proposed plat also includes 36 Address Unassigned; A Agriculture Zoning District; PID# 03-117-24-33-0008.

Background: Back in 2017, the Applicant approached the then owners of 630 Game Farm Road N about purchasing a few additional acres with the intention of a future subdivision of her lot. That process has since been completed and the resulting parcel is the 36 Address Unassigned, PID# 03-117-24-33-0008 parcel also included with the plat. The parcel remains separate because of Watershed District Boundaries.

The Applicant is now submitting an application for Preliminary Plat review for the proposed subdivision as discussed above. The Applicant is planning on building on the new (easterly) lot. At this time there are no building plans available and we have shown a generic building pad and potential grading but are subject to revision. The proposed septic sites have been determined.

There are many discussion points for the City Council to consider. Those are outlined in more detail on the following pages. Some of the more important topics include the likely lot combination agreement and shared driveway situation.

Discussion: General: The property is a 21.309 acres site located towards the northern portion of the City. County Road 26 is the main access point for the site and abuts the northern most property line of the site. Game Farm Road abuts the site on the western property line and rural residential lots surround the site to the south and east.

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.

Proposed Data:

Subdivision Name: CASAUS ADDITION Number of Lots: 2

Area Calculation: Lot 1: 436,158 sq. ft./10.012 acres Lot 2: 435,633 sq. ft./10.001 acres Gross Lot Area: 871,791 sq. ft./20.013 acres

Gross Development Area: 928,233 sq. ft./21.309 Acres R/W Dedication: 56,442 sq. ft./1.296 acres Wetland Area: 173,279 sq. ft./3.978 acres (gross lot area) Wetland Buffer Area: 51,862 sq. ft./1.191 acres (gross lot area)

Net Development Area: 646,830 sq. ft./14.849 acres

14.849 acres/2 lots = 1 lot per 7.42 acres = 0.07 units per acre

Section 505.29 A Agriculture District

Minimum Lot Area (sq. ft.) 10 acres Lot Depth (ft.) 200 Lot Width (ft.) (measured at OHW and building setback line) 300 Maximum Lot Coverage-total impervious (%) 25 Lakeshore Structure Setback (ft.) * 75 Front Yard Setback (ft.)*

- principal structure- detached accessory structures or other uses

50 60

Side Yard Setback (ft.) - principal structure (including attached accessory structures)- detached, accessory structures > or = 1,000 sq. ft.- detached, accessory structures < 1, 000 sq. ft.- other uses abutting residences- other uses

15 30 10 45 10

Non-Lakeshore Rear Yard Setback (ft.) - principal structure- detached accessory structures or uses- other uses

50 10 50

Lakeshore Rear Yard (Streetside) Setback (ft.) - principal structure- detached accessory structures or uses- other uses

90 100 100

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.

Maximum Building Height (ft./stories)** - principal structure- accessory Structure

35/3 35/2

Maximum Driveway Width (measured at right-of-way) 24 Public Sewer Required? No Minimum Floor Area per dwelling (sq. ft. per 2,3 bedrooms) 960, 1040 See General Regulations (Section 505.07) * See general setback provisions (Section 505.07 subd. 8)** See general height regulations (Section 505.07 subd. 5)

Parks, Trails, & Open Space: Pursuant to MN Statutes, section 462.358, subd. 2b,the city requires all subdividers to dedicate to the city or preserve for public use asparks, recreational facilities, playgrounds, trails, open space or areas of natural andenvironmental significance a reasonable portion of the buildable land of thesubdivision. The city council, at its discretion, may elect to require in lieu of land anequivalent cash payment based on the fair market value of the buildable land no laterthan the time of final subdivision approval. Any cash payment shall be placed in aspecial fund and used only for the purposes for which it was obtained, including theacquisition and development or improvement of the public park system or debtretirement in connection with land previously acquired.In review of the current Parks, Trails, and Open Space Plan, the proposeddevelopment area is not located within an existing or planned park service area. Sitecharacteristics, such as wetlands, steep topography and minimal sized parcelacquisition, do not present the best opportunity for establishing a future park. Landdedication would also impact the lot sizes, which would result in lots less than theminimum 10 acre requirement. A future trail may be developed along Game FarmRoad, but that would likely occur within the right-of-way dedication associated withthis plat.Analysis of the required park dedication, according to Section 500.47, a developmentwhich has between 0 and 1 units per acre requires 5% of buildable land or equivalentmarket value in cash to be dedicated. An appraisal will be required to determine fairmarket value.

o Gross Site Area 21.309 acres o Net Developable Area 14.809 acres o Net Proposed Density 0.07 units/acre o Park Dedication Requirement 5% of land or land value

o Total buildable site area is 14.809 acres = 0.74 acres of land; orNo appraisal or purchase price was submitted with this application. Staff has been informed the Applicant is working on an appraisal. One item of note is that since there is an existing dwelling on the property, that lot is exempt from the park dedication requirement. This means only half of the amount would be required.

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 preliminary plat application was presented to the Parks Commission at their August 13, 2019 meeting. At that meeting, the following motion was made:

Motion by Vogel and seconded by Hussain to recommend the City Council require cash in lieu of land in the sum of 5% of the fair market value of the land for the park dedication requirement for the proposed 2 lot subdivision at 7155 County Road 26 known as Casaus Addition. Motion passed 4-0. Absent: Dykoski and Nelson.

Tree Preservation Section 510.07: The City’s tree preservation ordinance applies toall subdivisions resulting in five or more units, lots, parcels, tracts or long-termleaseholds regardless of the particular zoning district. The proposed preliminary platonly includes 2 lots, therefore this ordinance does not apply.

Watershed Districts/Wetlands: There are several wetlands located on the Property.The Applicant is working with the City, who administers the WCA (“WetlandConservation Act”) as the LGU (“Local Government Unit”), on a wetland delineationto determine the wetland boundaries and buffer requirements. There a proposeddrainage and utility easements over the wetlands and wetland buffers.

The Property spans across the Watershed District Line, with most of the Propertylocated within Pioneer-Sarah Creek, and the remaining small portion located withinMinnehaha Creek. Staff has reached out to both agencies regarding the possibility ofcreating 2 contiguous parcels. However, at this time, that does not seem feasible.See the attached email dated August 20, 2019 from Jim Kujawa, a consultant forPioneer-Sarah Creek. Therefore, Lot 1 will have 2 separate PID #s and will need tobe legally combined by another instrument, either a lot combination agreement orcovenant.

Sanitary Sewer System General: No comments. The proposed lots are serviced byan onsite septic systems. Permits are handled through the Hennepin CountyEnvironmental Health.

Water System General: No comments. The proposed lots are serviced by an onsitewell. Permits are handled through the State of Minnesota.

Streets General: There are no proposed road improvements. There is proposedright-of-way dedication along Game Farm Road and County Road 26. Refer to theCity Engineer’s memorandum dated August 12, 2019 and Hennepin County’s Letterdated August 16, 2019.

Planning Commission Recommendation: The request was presented to the Planning Commission at their August 26, 2019 meeting. At that meeting, the following motion was made:

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.

Motion by Young, seconded by Forbrook to recommend the City Council approve the requested preliminary plat to develop 2 single family units at the property of 7155 County Road 26, subject to the following conditions:

1. The Applicant shall execute a shared driveway agreement, in a formacceptable to the city attorney, and record said document with theHennepin County Recorder’s Office;

2. The Applicant shall execute a lot combination agreement for Lot 1, in aform acceptable to the city attorney, and record said document with theHennepin County Recorder’s Office;

3. The Applicant shall comply with all comments and recommendationsoutlined by the city engineer in the memorandum dated August 12, 2019prepared by WSB;

4. The Applicant shall comply with all comments and recommendationsoutlined by the city attorney in the memorandum dated August 7, 2019prepared by Kennedy & Graven;

5. The Applicant shall comply with all comments and recommendationsoutlined by Hennepin County on the memorandum dated August 16,2019;

6. The Applicant shall submit an appraisal to determine fair market value forthe park dedication requirement prior to final plat approval;

7. The Applicant shall pay the City a park dedication fee of 5% based uponthe fair market value of the equivalent land that would be dedicated inlieu of a land contribution at the time of final plat approval;

8. The Applicant shall construct an emergency warning siren for thesubdivision or pay the City a fee of $128 as a contribution towards a sirento serve the area;

9. The Applicant shall comply with rules, regulations and permittingrequirements of Hennepin County, the Minnehaha Creek WatershedDistrict and all other governmental agencies having jurisdiction over the Property;

10. All utilities installed on the Property shall be located underground;11. Standard drainage and utility easements shall be dedicated around the

perimeter of all lots and wetlands and wetland buffers within thesubdivision;

12. The Applicant shall be required to construct, at its expense, all publicimprovements within the subdivision;

13. The Applicant shall submit title evidence satisfactory to the city attorneyprior to final plat approval;

14. The Applicant shall pay to the City a fee in an amount sufficient toreimburse the City for all costs of reviewing the submissions for rezoningand platting the Property and the negotiation and preparation of allrelated agreements and documents; and

15. A complete application for approval of the final plat must be submitted tothe City within 180 days of the date of adoption of this preliminary platresolution by the City Council. The completed application must comply

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.

with all conditions and requirements of applicable regulations and all terms and conditions of this preliminary plat approval.

Motion passed 7-0. Absent: None

Conclusion: The City Council shall review and consider the Applicant’s consistency with the

intent and purpose of the Comprehensive Plan goals.

A public hearing notice was sent to property owners within 500 feet of the site priorto the Planning Commission meeting. To date, staff has not received any writtencomment as a result of that notice. Staff did meet briefly with one resident thatreceived the notice to discuss the proposal. There was no one present to speak at thepublic hearing.

Recommended Action: Motion to approve the requested preliminary plat to develop 2 single family units at the property of 7155 County Road 26, subject to the following conditions:

1. The Applicant shall execute a shared driveway agreement, in a formacceptable to the city attorney, and record said document with theHennepin County Recorder’s Office;

2. The Applicant shall execute a lot combination agreement for Lot 1, in aform acceptable to the city attorney, and record said document with theHennepin County Recorder’s Office;

3. The Applicant shall comply with all comments and recommendationsoutlined by the city engineer in the memorandum dated August 12, 2019prepared by WSB;

4. The Applicant shall comply with all comments and recommendationsoutlined by the city attorney in the plat opinion dated August 7, 2019prepared by Kennedy & Graven;

5. The Applicant shall comply with all comments and recommendationsoutlined by Hennepin County on the memorandum dated August 16, 2019;

6. The Applicant shall submit an appraisal to determine fair market value forthe park dedication requirement prior to final plat approval;

7. The Applicant shall pay the City a park dedication fee of 5% based uponthe fair market value of the equivalent land that would be dedicated in lieuof a land contribution at the time of final plat approval;

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.

8. The Applicant shall construct an emergency warning siren for thesubdivision or pay the City a fee of $128 as a contribution towards a sirento serve the area;

9. The Applicant shall comply with rules, regulations and permittingrequirements of Hennepin County, the Minnehaha Creek WatershedDistrict and all other governmental agencies having jurisdiction over theProperty;

10. All utilities installed on the Property shall be located underground;

11. Standard drainage and utility easements shall be dedicated around theperimeter of all lots and wetlands and wetland buffers within thesubdivision;

12. The Applicant shall be required to construct, at its expense, all publicimprovements within the subdivision;

13. The Applicant shall submit title evidence satisfactory to the city attorneyprior to final plat approval;

14. The Applicant shall pay to the City a fee in an amount sufficient toreimburse the City for all costs of reviewing the submissions for rezoningand platting the Property and the negotiation and preparation of all relatedagreements and documents; and

15. A completed application for approval of the final plat must be submitted tothe City within 180 days of the date of adoption of this preliminary platresolution by the City Council. The completed application must complywith all conditions and requirements of applicable regulations and allterms and conditions of this preliminary plat approval.

Attachments: 1. Location Map2. Applicant Narrative3. Plat Opinion from City Attorney Dated August 7, 20194. Email from Pioneer-Sarah Creek Dated August 20, 20195. City Engineer Memo Dated August 12, 20196. Hennepin County Memo Dated August 16, 20197. Preliminary Plat Set8. Res. No. 110-19 Approving Preliminary Plat at 7155 County Road 26

7155 County Road 26

August 8, 2019Map Powered by DataLink from WSB & Associates

1 inch = 752 feet

[Type here]

Owner: Susan Casaus Address: 7155 County Road No.26

Minnetrista, MN 55359 Tel: 952-220-1961 Email: [email protected]

Representative: Sathre-Bergquist, Inc. Attn: David Pemberton

Address: 150 Broadway Ave. S. Wayzata, MN 55391

Tel: 952-476-6000 Email: [email protected]

Narrative:

Ms. Casaus is proposing the subdivision by plat of her property at 7155 County Road No. 26, Minnetrista, Minnesota. In 2017 we (Sathre-Bergquist, Inc.), Ms. Casaus and the previous owner of the parcels to the south of the subject property worked in conjunction with the City of Minnetrista to subdivide the parcels at 630 and 680 Game Farm Road. The goal of the 2017 subdivision was to maintain 10 acres sites at said 630 and 680 Game Farm Road and conveying to Ms. Casaus enough land from 630 Game Farm Road parcel to provide her with a gross area that would afford her the opportunity to subdivide her property in the future while again maintaining 10 acre minimum sites.

At the time of the 2017 project much of this was discussed with the city as part of the long term planning process.

We are now submitting an application for Preliminary Plat review for the proposed subdivision as discussed above. Ms. Casaus is planning on building on the new (easterly) lot. At this time there are no building plans available and we have shown a generic building pad and potential grading but are subject to revision. The propose septic sites have been determined.

The subdivision will have a shared driveway and we have shown a potential driveway easement area. Once a final building plan, building rotation and driveway access are finalized we will create the final driveway easement.

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TEL:(952)476-6000 FAX:(952)476-0104 WEB:WWW.SATHRE.COM

– 2 – August 28, 2019

Site Data: 7155 County Road No.26 Minnetrista, MN 55359

PID# 03-117-24-32-0005 Zoning: Agricultural

Property Description:

That part of the Northwest Quarter of the Southwest Quarter of Section 3, Township 117, Range 24 West of the 5th Principle Meridian, lying south of the north 675 feet thereof, and west of the east 250 feet thereof; except that part lying northwesterly of the centerline of Hennepin County Road No. 26. Also, that part of the north 675 feet of the Northwest Quarter of the Southwest Quarter of Section 3, Township 117, Range 24 and lying southeasterly of the centerline Hennepin County Road No. 26 and southwesterly of the following described line:

Commencing at the intersection of the south line of said north 675 feet with the east line of said Northwest Quarter of the Southwest Quarter; thence West along said south line of the north 675 feet a distance of 508.6 feet to the point of beginning of the line being described; thence deflecting right 63 degrees to the center line of said Hennepin County Road No. 26 and there terminating, according to the U.S. Government Survey thereof, Hennepin County, Minnesota.

Net Area: 776,320 sq. ft./ 17.822 acres R/W Area: 43,002 sq. ft./ 0.987 acres Gross Area: 819,322 sq. ft./ 18.809 acres

PID# 03-117-24-33-0008 Zoning: Agricultural

Property Description:

The North 242.00 feet of the East 450.00 feet of the Southwest Quarter of the Southwest Quarter of Section 3, Township 117, Range 24.

Gross Area: 108,911 sq. ft./2.500 acres

– 3 – August 28, 2019

Proposed Data:

Subdivision Name: CASAUS ADDITION Number of Lots: 2

Area Calculation: Lot 1: 436,158 sq. ft./10.012 acres Lot 2: 435,633 sq. ft./10.001 acres Gross Lot Area: 871,791 sq. ft./20.013 acres

Gross Development Area: 928,233 sq. ft./21.309 Acres R/W Dedication: 56,442 sq. ft./ 1.296 acres Wetland Area: 173,279 sq. ft./ 3.978 acres (gross lot area) Wetland Buffer Area: 51,862 sq. ft./ 1.191 acres (gross lot area)

Net Development Area: 646,830 sq. ft./14.849 acres

14.849 acres/2 lots = 1 lot per 7.42 acres = 0.07 units per acre

1

Nickolas Olson

From: James C Kujawa <[email protected]>Sent: Tuesday, August 20, 2019 11:28 AMTo: Nickolas Olson; Heidi QuinnCc: [email protected]: Watershed Boundary -7155 County Road 26 - Preliminary Plat - Casaus Addition

Hi Nick. 

Heidi Quinn from the Minnehaha Creek Watershed District (MCWD) and I discussed these two parcels as it relates to our legal watershed boundaries.  At the present time parcel 0311724320005 (17.82 acres) is in the Pioneer‐Sarah Creek Watershed and parcel 0311724330008 (2.5 acres) is in the MCWD boundary.  It is the desire of the property owner and City of Minnetrista to combine these lots and proceed under one watershed jurisdiction.   

Because the current boundary between these two parcels is very similar to the physical and legal boundaries of the watersheds, if they are combined, we request the City, through appropriate agreements, continue to administer these two properties under their current watershed boundaries. 

Please contact me if you have any questions on this information. 

Sincerely 

Jim 

James C. Kujawa Hennepin County Public Works Department of Environment and Energy 701 Fourth Avenue South, Suite 700 Minneapolis, MN  55415 Direct Phone: 612‐348‐7338 Email: [email protected] 

K:\014579-000\Admin\Docs\LTR_AOG-NOlson-081219-Casaus Addition Preliminary Plat Review.docx

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August 12, 2019

Mr. Nickolas Olson City Planner City of Minnetrista 7701 County Road 110 West Minnetrista, MN 55364

Re: Casaus Addition Preliminary Plat Review ML No. 19011 WSB Project No. 014579-000

Dear Mr. Olson:

We have completed our review of the preliminary plat submittal for the Casaus Addition. The reviewed submittal has been prepared by Sathre-Bergquist, Inc. and includes an application narrative and data, a land use application, and a preliminary plat dated June 12th, 2019.

The preliminary plat appears to provide the necessary drainage and utility easements around existing ponds, wetlands, and property lines. An easement for the shared driveway will need to be included on the final plat

As indicated in the narrative, the building plan shown on Lot 2, Block 1 is generic. Any proposed grading shall divert drainage around buildings and septic drain fields and shall not adversely affect adjacent properties. Additional grading and drainage comments are reserved for when a building permit application is submitted.

Sincerely,

WSB

Adam Gadbois, PE Project Engineer (763) [email protected]

cc: Alyson Fauske, PE, WSB

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1

RESOLUTION NO. 110-19

CITY OF MINNETRISTA

RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE PLAT OF CASAUS ADDITION

WHEREAS, the city of Minnetrista (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and

WHEREAS, the City has adopted a zoning ordinance and subdivision regulations to promote the orderly, economic and safe development and utilization of land; and

WHEREAS, Susan Casaus (the “Applicant”) is the fee owner of the land generally known as 7155 County Road 26 and legally described in Exhibit A attached hereto (the “Property”); and

WHEREAS, the Applicant has applied for preliminary approval to plat the Property; and

WHEREAS, after due notice as required by law, a public hearing on the preliminary plat was held before the planning commission on August 26, 2019; and

WHEREAS, the planning commission, after consideration of the staff report and other written materials included in its packet and the testimony delivered at the public hearing, voted 7-0 to recommend that the city council deny the preliminary plat request; and

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Minnetrista, Minnesota that preliminary approval of the plat of Casaus Addition is hereby granted to the Applicant in accordance with the preliminary plat and development plans presented by the Applicant and prepared by Sathre-Bergquist, Inc. dated June 12, 2019 and the following terms and conditions:

1. The Applicant shall execute a shared driveway agreement, in a form acceptable to thecity attorney, and record said document with the Hennepin County Recorder’s Office;

2. The Applicant shall execute a lot combination agreement for Lot 1, in a form acceptableto the city attorney, and record said document with the Hennepin County Recorder’sOffice;

3. The Applicant shall comply with all comments and recommendations outlined by the cityengineer in the memorandum dated August 12, 2019 prepared by WSB;

4. The Applicant shall comply with all comments and recommendations outlined by the cityattorney in the plat opinion dated August 7, 2019 prepared by Kennedy & Graven;

5. The Applicant shall comply with all comments and recommendations outlined byHennepin County on the memorandum dated August 16, 2019;

2

6. The Applicant shall submit an appraisal to determine fair market value for the parkdedication requirement prior to final plat approval;

7. The Applicant shall pay the City a park dedication fee of 5% based upon the fair marketvalue of the equivalent land that would be dedicated in lieu of a land contribution at thetime of final plat approval;

8. The Applicant shall construct an emergency warning siren for the subdivision or pay theCity a fee of $128 as a contribution towards a siren to serve the area;

9. The Applicant shall comply with rules, regulations and permitting requirements ofHennepin County, the Minnehaha Creek Watershed District and all other governmentalagencies having jurisdiction over the Property;

10. All utilities installed on the Property shall be located underground;

11. Standard drainage and utility easements shall be dedicated around the perimeter of all lotsand wetlands and wetland buffers within the subdivision;

12. The Applicant shall be required to construct, at its expense, all public improvementswithin the subdivision;

13. The Applicant shall submit title evidence satisfactory to the city attorney prior to finalplat approval;

14. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City forall costs of reviewing the submissions for rezoning and platting the Property and thenegotiation and preparation of all related agreements and documents; and

15. A completed application for approval of the final plat must be submitted to the Citywithin 180 days of the date of adoption of this preliminary plat resolution by the CityCouncil. The completed application must comply with all conditions and requirements ofapplicable regulations and all terms and conditions of this preliminary plat approval.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd dayof September, 2019 by a vote of _____ ayes and ______ nays.

Lisa Whalen, Mayor

ATTEST:

Kris Linquist, City Clerk (SEAL)

110-19; 2019.09.03Preliminary Plat - Casaus Addition

A-1

EXHIBIT A

Legal Description of 7155 County Road 26:

110-19; 2019.09.03Preliminary Plat - Casaus Addition

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: Authorize Solicitation of Quotes for the Kings Point Road

Watermain Repair Project, City Project No. 04-19

Prepared By: Alyson Fauske, PE, City Engineer

Meeting Date: September 3, 2019

Issue: Should the City of Minnetrista authorize solicitation of Quotes for the Kings Point Road

Watermain Repair Project?

Background/Discussion:

Earlier this year there was a break in the 20-inch diameter watermain within Kings Point

Road near the Big Woods Drive intersection. Due to the extremely cold conditions at the

time of the watermain break and the depth of the frost it was determined to temporarily

repair the watermain and street.

The temporary repair of the watermain included installing two bends to provide sufficient

distance between the watermain and the culvert below; this separation is required by the

Minnesota Department of Health and provides some insulation between the watermain

and the winter air within the culvert below. According to the as-builts from the original

installation, there was sufficient separation during the original construction. The

watermain possibly settled when water from the break washed away some of the bedding

material.

While installation of the bends was a good short-term repair for the watermain, it is

recommended that the watermain be reinstalled similar to the original design to prevent

the thrust stresses that exist at the bends with such a large diameter pipe. Insulation

below the new watermain section is proposed to be installed as well.

A quote package for this repair project has been prepared by WSB which includes plans

and specifications. If the repair project is quoted out, the schedule within the

specifications allows for a construction start date as soon as September 17, 2019 and

substantial completion of October 31, 2019. However, once work begins, the contractor

will be required to complete construction activities within 3 weeks. This longer time

frame is intended to allow potential bidders more flexibility in their scheduling which

may help with bid prices.

Item 6d

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 recommends soliciting quotes for the Kings Point Road Watermain Repair project

so that the watermain and street section can be repaired as outlined above.

Fiscal Impact:

The estimated cost of the repair is $65,000, which includes a 15% contingency. A larger

contingency is recommended as the extent of the watermain repair can only be verified

once construction commences. The costs associated with engineering design, bidding,

and construction administration are to be covered under the current engineering retaining

contract with WSB.

This project will be financed by the Water Fund.

Recommended City Council Action: Staff recommends approving Resolution No. 111-19,

authorizing solicitation of quotes for Kings Point Road Watermain Repair Project.

Does Recommended Action meet City Mission Statement? Yes No

Does Recommended Action meet City Goals/Priorities? Yes No

PROJECT MANUAL

KINGS POINT ROAD WATERMAIN

REPAIR PROJECT

MINNETRISTA | HENNEPIN COUNTY | MINNESOTA

September 3, 2019

Prepared for:City of Minnetrista7701 County Road 110WMinnetrista, MN 55364

CITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000

KINGS POINT ROAD WATERMAIN REPAIR PROJECT TITLE SHEETCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000

PROJECT MANUAL

KINGS POINT ROAD WATERMAIN REPAIR PROJECT

FOR THE CITY OF MINNETRISTAHENNEPIN COUNTY, MINNESOTA

September 10, 2019

Prepared By:

KINGS POINT ROAD WATERMAIN REPAIR PROJECT CERTIFICATION

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000

CERTIFICATION

I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota.

Adam Gadbois, PE

Date: September 3, 2019 Lic. No. 54787

Quality Control Review By:

Alyson Fauske, PE

Date: September 3, 2019 Lic. No. 42437

KINGS POINT ROAD WATERMAIN REPAIR PROJECT TABLE OF CONTENTSCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000

TABLE OF CONTENTS

TITLE SHEET

CERTIFICATION

TABLE OF CONTENTS

BIDDING REQUIREMENTSINSTRUCTIONS TO BIDDERSNOTICE TO BIDDERS – PROMPT PAYMENT TO SUBCONTRACTORSBID FORM – FOR QUOTES *

CONTRACT FORMSNON-COLLUSION AFFIDAVITRESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION FORMAGREEMENT *PERFORMANCE BOND FORM (EJCDC C-610)PAYMENT BOND FORM (EJCDC C-615)CONTRACTOR AFFIDAVIT (IC134 FORM)EXEMPTION FROM SURETY DEPOSITS FOR NON-MN CONTRACTORS (SDE FORM)

SPECIFICATIONSDIVISION 1 – GENERAL REQUIREMENTSDIVISION 2 – SPECIFICATIONS

APPENDIX ACompact Fittings AWWA C153

APPENDIX BWater System GIS Map

* This document is a MODIFIED version of the corresponding EJCDC® document (C-111, C-200, C-410, C-520 and C-800), Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT INSTRUCTIONS TO BIDDERSCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000

INSTRUCTIONS TO BIDDERS

INTRODUCTION ..........................................................................................................................................1

1. (1103) DEFINITIONS.......................................................................................................................1

2. (1202) CONTENTS OF PROPOSAL PACKAGE ............................................................................1

3. (1203) ACCESS TO PROPOSAL PACKAGE .................................................................................1

4. QUALIFICATIONS OF BIDDERS....................................................................................................1

5. (1205) EXAMINATION OF PROPOSAL PACKAGE AND SITE OF WORK....................................2

6. (1206) PREPARATION AND DELIVERY OF PROPOSAL .............................................................3

7. (1208) PROPOSAL GUARANTY.....................................................................................................4

8. (1210) REVISION OF PROPOSAL PACKAGE OR WITHDRAWAL OF PROPOSALS..................4

9. (1211) CONDITIONAL PROPOSALS..............................................................................................5

10. (1212) OPENING OF PROPOSALS................................................................................................5

11. (1301) CONSIDERATION OF PROPOSALS .................................................................................5

12. (1302) AWARD OF CONTRACT .....................................................................................................5

13. (1305) REQUIREMENTS OF CONTRACT BOND ..........................................................................6

14. (1306) EXECUTION AND APPROVAL OF CONTRACT ................................................................6

15. NONDISCRIMINATION IN EMPLOYMENT ....................................................................................6

16. SURETY DEPOSITS .......................................................................................................................6

17. SUBSTITUTE AND “OR-EQUAL” ITEMS........................................................................................6

KINGS POINT ROAD WATERMAIN REPAIR PROJECT INSTRUCTIONS TO BIDDERSCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 1

INSTRUCTIONS TO BIDDERS

INTRODUCTION

These Instructions to Bidders amend or supplement the Definitions and Terms, the Bidding Requirements and Conditions, and the Bidding Requirements and Covenants contained in Division I of the Minnesota Department of Transportation (MnDOT) Standard Specification for Construction (2018 Edition). All provisions, which are not so amended or supplemented, remain in full force and effect.

1. (1103) DEFINITIONS

The definitions in MnDOT 1103 are modified and/or supplemented as follows:

DEPARTMENT. The Department shall mean the City of Minnetrista

PROPOSAL. The Bid, as defined in paragraph 1.01 of the General Conditions.

PROPOSAL PACKAGE. The Bidding Documents, as defined in paragraph 1.01 of the General Conditions.

Add the following definition:

ISSUING OFFICE. The office from which the Bidding Documents are to be issued.

2. (1202) CONTENTS OF PROPOSAL PACKAGE

MnDOT 1202 is deleted in its entirety.

3. (1203) ACCESS TO PROPOSAL PACKAGE

MnDOT 1203 is deleted in its entirety and replaced with the following:

1203 ACCESS TO PROPOSAL PACKAGE

Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement for bids.

Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

4. QUALIFICATIONS OF BIDDERS

A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

No requirements to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT INSTRUCTIONS TO BIDDERSCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 2

4.1 RESPONSIBLE CONTRACTOR

The successful bidder must be a “responsible contractor.” The term “responsible contractor” means a contractor as defined in Minnesota Statutes, section 16C.285, subdivision 3.

Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria or fails to comply with the verification requirements is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project.

A prime contractor, subcontractor, or motor carrier that makes a false statement under oath verifying compliance with the minimum criteria will be ineligible to be awarded a construction contract on the project, and the submission of a false statement may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits the false statement. A prime contractor shall include in its verification of compliance a list of all of its first-tier subcontractors that it intends to retain for work on the project.

Before execution of a construction contract, a prime contractor shall submit a supplemental verification under oath confirming that all subcontractors and motor carriers that the prime contractor intends to use to perform project work have verified to the prime contractor, through a signed statement under oath by an owner or officer, that they meet the minimum criteria for a responsible contractor.

4.2 RESPONSIBLE/RESPONSIVE BID

A “responsible” bid is a bid from a Bidder that has:

a. Financial resources, technical qualifications, experience, organization and facilitiesadequate to carry out the project, or a demonstrated ability to obtain these;

b. Resources to meet the completion schedule contained in the Agreement; and

c. A satisfactory performance record for completion of other projects.

A “responsive” bid must include the following:

a. Completed Bid Form;

b. Non-Collusion Affidavit;

c. Responsible Contractor Verification and Certification of Compliance Form;

4.3 FURNISHING OF EVIDENCE OF RESPONSIBILITY

When requested by the Owner, the bidder shall furnish a balance sheet, certified by a certified public accountant as to a date not more than sixty (60) days prior to the date of the opening of the bids which shall set forth outstanding assets and liabilities in reasonable detail. The bidder shall also furnish when requested, a list of work of a similar nature performed with dates of completion thereof. The bidder shall also furnish any other additional information relative to financial responsibility and competence to do the work as may be requested by the Owner prior to the acceptance of any Bid.

5. (1205) EXAMINATION OF PROPOSAL PACKAGE AND SITE OF WORK

MnDOT 1205 is modified and/or supplemented with the following:

Add the following new paragraphs to MnDOT 1205.1:

Before submitting a Bid, each Bidder shall become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT INSTRUCTIONS TO BIDDERSCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 3

The Site is identified in the Bidding Documents. By definition, the Site includes rights of way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

Review of the project site includes, but is not limited to: the structure of the ground, the existence of surface and ground water, the availability of drainage, and obstacles which may be encountered.

Review of Haul routes includes, but is not limited to: means of approach to the site, manner of delivery and handling of materials, and transporting of equipment.

No plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties that will be encountered in the execution of the work, which result from failure to make necessary examinations and investigations, will be accepted as a sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of this Contract. Nor will they be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time.

No bidder may rely upon any statements or representations of any officer, agent or employee of the Owner as to the conditions of the work, the character of the soil, or other hazards which may be encountered during construction.

6. (1206) PREPARATION AND DELIVERY OF PROPOSAL

MnDOT 1206 is deleted in its entirety and replaced with the following:

1206 PREPARATION AND DELIVERY OF PROPOSAL

1206.1 BASIS OF BID

Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid Item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor’s overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

1206.2 PREPARATION OF PROPOSAL

The Bid Form is included with the Bidding Documents. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, and unit price item listed therein.

A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title much appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT INSTRUCTIONS TO BIDDERSCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 4

A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

A Bid by an individual shall show the Bidder’s name and official address.

A Bid by a joint venture shall be executed by an authorize representative of each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

All names shall be printed in ink below the signatures.

The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

The Bid shall contain evidence of Bidder’s authority and qualifications to do business in the State where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualifications prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

1206.3 DELIVERY OF PROPOSAL

Quotes are to be emailed to [email protected] with a copy additionally being emailed to Alyson Fauske at [email protected]. Quotes are due back to me Tuesday, September 10, 2019, by 11:00 a.m.

7. (1208) PROPOSAL GUARANTY

Delete 1208 in its entirety. Bid bonds will not be required for this quote.

8. (1210) REVISION OF PROPOSAL PACKAGE OR WITHDRAWAL OF PROPOSALS

MnDOT 1210 is deleted in its entirety and replaced with the following:

1210 REVISION OF PROPOSAL PACKAGE OR WITHDRAWAL OF PROPOSALS

1210.1 REVISION OF PROPOSAL PACKAGE

All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

The Bidder shall acknowledge receipt of each Addendum on the Bid Form.

1210.2 WITHDRAWAL OF PROPOSALS

A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT INSTRUCTIONS TO BIDDERSCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 5

If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must request withdrawal of initial Bid and submit a new Bid prior to the date and time for the Opening of Bids.

If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

9. (1211) CONDITIONAL PROPOSALS

MnDOT 1211 is deleted in its entirety and replaced with the following:

1211 CONDITIONAL PROPOSALS

The Bidder shall not stipulate in his Bid any conditions not provided for on the Bid Form.

10. (1212) OPENING OF PROPOSALS

MnDOT 1212 is deleted in its entirety and replaced with the following:

1212 OPENING OF PROPOSALS

Bids will be opened privately.

11. (1301) CONSIDERATION OF PROPOSALS

MnDOT 1301 is modified and/or supplemented with the following:

Owner reserves the right to reject any or all bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. In the comparison of Bids, alternates will be considered in the best interest of the Owner.

In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

12. (1302) AWARD OF CONTRACT

MnDOT 1302 is modified and/or supplemented with the following:

KINGS POINT ROAD WATERMAIN REPAIR PROJECT INSTRUCTIONS TO BIDDERSCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 6

Modify the first sentence of the first paragraph to read as follows:

Within 60 calendar days after opening Bid, the Owner will consider award of the Contract

Add the following new paragraph to MnDOT 1302:

The Owner reserves the right to delete any line item from the bid prior to final contract execution.

13. (1305) REQUIREMENTS OF CONTRACT BOND

MnDOT 1305 is modified and/or supplemented with the following:

Article 6 of the General Conditions, as may be modified by the Supplementary General Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to the Owner, it shall be accompanied by required bonds and insurance documentation.

14. (1306) EXECUTION AND APPROVAL OF CONTRACT

MnDOT 1306 is modified and/or supplemented with the following:

Delete the first paragraph and replace with the following:

When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

Modify the second paragraph to read as follows:

If the Agreement specified the Contract Time as working days and the Successful Bidder fails to return the signed Contract documents within 15 days, the Owner may reduce the Contract Time to reflect the delay caused by the Contractor.

15. NONDISCRIMINATION IN EMPLOYMENT

If awarded the project, the Bidder agrees not to discriminate on account of race, creed or color as per Minnesota Statutes, section 181.59 and Minnesota Statutes, chapter 363A.

16. SURETY DEPOSITS

All out-of-state contractors on construction work over $100,000 will be required to file an exemption from Surety Deposit (Form SDE) prior to their first progress payment.

17. SUBSTITUTE AND “OR-EQUAL” ITEMS

The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items.

All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

NOTICE TO BIDDERS Minnesota Statutes that require prompt payment to subcontractors: 471.425 Prompt payment of local government bills. Subd. 1. Definitions. For the purposes of this section, the following terms have the meanings here given them.

(d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the metropolitan council or any board or agency created under chapter 473.

Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. HIST: 1985 c 136 s 5; 1995 c 31 s 1

KINGS POINT ROAD WATERMAIN REPAIR PROJECT BID FORMCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 1

Bidder:

Address:

City, State, Zip:

E-mail Address: Telephone No.:

BID FORMKINGS POINT ROAD WATERMAIN REPAIR PROJECT

CITY OF MINNETRISTA, MN - PROJECT NO. 04-19WSB PROJECT NO. R-013236-000

Quote Due Time: 11:00 am

Quote Due Date: Tuesday, September 10, 2019

This Bid is submitted to:[email protected] with a copy additionally being emailed to Alyson Fauske at [email protected] the City of Minnetrista, MN

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices in this Bid, within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

3. In submitting this Bid, Bidder represents that:

a. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

b. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

c. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

d. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

e. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

f. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

g. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

h. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

i. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement listed herein, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

4. Bidder will complete the work in accordance with the Contract Documents for the following price(s):

SCHEDULE A.

1 2021.501 MOBILIZATION LS 1 $____________ $_________________

2 2101.524 CLEARING TREE 2 $____________ $_________________

3 2101.524 GRUBBING TREE 6 $____________ $_________________

4 2104.503 REMOVE WATER MAIN L F 60 $____________ $_________________

5 2104.504 REMOVE BITUMINOUS PAVEMENT S Y 210 $____________ $_________________

6 2105.504 GEOTEXTILE FABRIC TYPE 5 S Y 130 $____________ $_________________

7 2106.507 SELECT GRANULAR EMBANKMENT (CV) C Y 70 $____________ $_________________

8 2211.507 AGGREGATE BASE (CV) CLASS 5 C Y 25 $____________ $_________________

9 2221.507 SHOULDER BASE AGGREGATE (CV) CLASS2 C Y 5 $____________ $_________________

10 2331.603 JOINT ADHESIVE L F 80 $____________ $_________________

11 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;C) TON 20 $____________ $_________________

12 2360.509 TYPE SP 12.5 WEARING COURSE MIX (2;C) TON 25 $____________ $_________________

13 2503.603 CLEAN PIPE SEWER L F 97 $____________ $_________________

14 2503.608 DUCTILE IRON FITTINGS LB 600 $____________ $_________________

15 2504.602 CONNECT TO EXISTING WATER MAIN EACH 2 $____________ $_________________

16 2504.603 20" WATERMAIN DUCTILE IRON CL 50 L F 60 $____________ $_________________

17 2504.604 4" POLYSTYRENE INSULATION S Y 16 $____________ $_________________

18 2511.507 RANDOM RIPRAP CLASS III C Y 10.5 $____________ $_________________

19 2563.601 TRAFFIC CONTROL LS 1 $____________ $_________________

20 2574.508 FERTILIZER TYPE 1 LB 13 $____________ $_________________

KINGS POINT ROAD WATERMAIN REPAIR PROJECTCITY OF MINNETRISTA PROJECT NO. 04-19

WSB PROJECT NUMBER. R-013236-000

No. Mat. No. Item Units Quantity Unit Price Total Price

BID FORM

PAGE 2

21 2575.504 4N S Y 310 $____________ $_________________

22 2575.508 SEED MIXTURE 33-261 LB 5 $____________ $_________________

23 2575.605 SEEDING S Y 310 $____________ $_________________

Total SCHEDULE A. $_________________

GRAND TOTAL BID $_________________

KINGS POINT ROAD WATERMAIN REPAIR PROJECTCITY OF MINNETRISTA PROJECT NO. 04-19

WSB PROJECT NUMBER. R-013236-000

No. Mat. No. Item Units Quantity Unit Price Total Price

BID FORM

PAGE 3

EROSION CONTROL BLANKETS CATEGORY

KINGS POINT ROAD WATERMAIN REPAIR PROJECTCITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000

KINGS POINT ROAD WATERMAIN REPAIR PROJECT BID FORMCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 4

5. Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

6. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Dated: Addendum No. Dated:

Addendum No. Dated: Addendum No. Dated:

7. Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

8. The following documents are submitted with and made a condition of this Bid:

a. Non-Collusion Affidavit;b. Responsible Contractor Verification and Certification of Compliance; and

BIDDER: [Indicate correct name of bidding entity]

By:[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

If Bidder is a corporation, what is the state of incorporation?

If Bidder is a partnership, state full name of all co-partners:

Federal Employer ID Number (EIN):

KINGS POINT ROAD WATERMAIN REPAIR PROJECT NON-COLLUSION AFFIDAVITCITY OF MINNETRISTA, MNCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000

NON-COLLUSION AFFIDAVIT

The following Non-Collusion Affidavit shall be executed by the bidder:

State Project No. N/A

Federal Project No. N/A

State of Minnesota )

) ss

County of )

I, , do state under penalty of(name of person signing this affidavit)

perjury under 28 U.S.C. 1746 of the laws of the United States:

(1) that I am the authorized representative of

(name of person, partnership or corporation submitting this proposal)

and that I have the authority to make this affidavit for and on behalf of said bidder;

(2) that, in connection with this proposal, the said bidder has not either directly or

indirectly entered into any agreement, participated in any collusion or otherwise taken any action in

restraint of free competitive bidding;

(3) that, to the best of my knowledge and belief, the contents of this proposal have not

been communicated by the bidder or by any of his/her employees or agents to any person who is not

an employee or agent of the bidder or of the surety on any bond furnished with the proposal and will

not be communicated to any person who is not an employee or agent of the bidder or of said surety

prior to the official opening of the proposal, and

(4) that I have fully informed myself regarding the accuracy of the statements made

in this affidavit.

Signed: (bidder or his/her authorized representative)

Revised 9/29/2015 Page 1 of 5

ATTACHMENT A PRIME CONTRACTOR RESPONSE

RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE

STATE PROJECT NUMBER: ____________________________________________________

This form includes changes by statutory references from the Laws of Minnesota 2015, chapter 64, sections 1-9. This form must be submitted with the response to this solicitation. A response received without this form, will be rejected.

Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. … any prime contractor or subcontractor or motor carrier that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project…

Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:

(1) The Contractor:

(i) is in compliance with workers' compensation and unemployment insurance requirements;

(ii) is in compliance with Department of Revenue and Department of Employment and Economic Developmentregistration requirements if it has employees;

(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and

(iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreigncorporation or cooperative.

(2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity:

(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a totalunderpayment of $25,000 or more within the three-year period, provided that a failure to pay is “repeated” only ifit involves two or more separate and distinct occurrences of underpayment during the three-year period;

(ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final;

(iii) has been issued at least two determination letters within the three-year period by the Department ofTransportation finding an underpayment by the contractor or related entity to its own employees;

(iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of thesections referenced in this clause pursuant to section 177.27;

(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division ofthe United States Department of Labor that have become final or have been upheld by an administrative lawjudge or the Administrative Review Board; or

(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker asan independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor orrelated entity contests a determination of underpayment by the Department of Transportation in a contestedcase proceeding, a violation does not occur until the contested case proceeding has concluded with adetermination that the contractor or related entity underpaid wages or penalties;*

Revised 9/29/2015 Page 2 of 5

(3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;*

(4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;*

(5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;*

* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior toJuly 1, 2014, shall not be considered in determining whether a contractor or related entity meets theminimum criteria.

(6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and

(7) All subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).

Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION.

A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor.

If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.

A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement.

Subd. 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain annually from all motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all motor carriers providing for-hire transportation of materials, equipment, or supplies for a project.

Revised 9/29/2015 Page 3 of 5

Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE.

A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation document.

A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a construction contract on the project for which the verification was submitted.

A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. A verification of compliance need not be notarized. An electronic verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of compliance under this section provided that it contains an electronic signature as defined in section 325L.02, paragraph (h).

CERTIFICATION

By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:

1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is incompliance with Minn. Stat. § 16C.285, and

2) if my company is awarded a contract, I will submit Attachment A-1 prior to contract execution, and

3) if my company is awarded a contract, I will also submit Attachment A-2 as required.

Authorized Signature of Owner or Officer: Printed Name:

Title: Date:

Company Name:

NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met.

Revised 9/29/2015 Page 4 of 5

ATTACHMENT A-1

FIRST-TIER SUBCONTRACTORS LIST

SUBMIT PRIOR TO EXECUTION OF A CONSTRUCTION CONTRACT

STATE PROJECT NUMBER: ____________________________________________________

Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance

under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to

execution of a construction contract, and as a condition precedent to the execution of a construction contract, the

apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath

confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all

subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or

officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract

with each subcontractor.

FIRST TIER SUBCONTRACTOR NAMES* (Legal name of company as registered with the Secretary of State)

Name of city where company home office is located

*Attach additional sheets as needed for submission of all first-tier subcontractors.

SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-1

By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:

All first-tier subcontractors listed on attachment A-1 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285.

Authorized Signature of Owner or Officer:

Printed Name:

Title:

Date:

Company Name:

Revised 9/29/2015 Page 5 of 5

ATTACHMENT A-2

ADDITIONAL SUBCONTRACTORS LIST

PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT

STATE PROJECT NUMBER: ____________________________________________________

This form must be submitted to the Project Manager or individual as identified in the solicitation document.

Minn. Stat. § 16C.285, Subd. 5. … If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. …

ADDITIONAL SUBCONTRACTOR NAMES* (Legal name of company as registered with the Secretary of State)

Name of city where company home office is located

*Attach additional sheets as needed for submission of all additional subcontractors.

SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2

By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:

All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285.

Authorized Signature of Owner or Officer:

Printed Name:

Title:

Date:

Company Name:

KINGS POINT ROAD WATERMAIN REPAIR PROJECT AGREEMENT

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 1

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT

THIS AGREEMENT is by and between The City of Minnetrista (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The Kings Point Road Watermain Repair shall include the furnishing of all labor, materials, tools, and equipment necessary to complete the street construction, watermain replacement, and appurtenant work as shown in the project documents attached

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Kings Point Road Watermain Repair Project for the City of Minnetrista, City Project No. 04-19, WSB Project No. R-013236-000

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by WSB & Associates, Inc. d/b/a WSB.

3.02 The Owner has retained WSB (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially completed on or before October 31, 2019, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before November 15, 2019.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty);

1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT AGREEMENT

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 2

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect,refuse, or fail to complete the remaining Work within the Contract Time (as duly adjustedpursuant to the Contract) for completion and readiness for final payment, Contractor shallpay Owner $500 for each day that expires after such time until the Work is completedand ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and finalcompletion are not additive and will not be imposed concurrently.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Unit Price Work, an amount equal to the sum of the extended prices (established foreach separately identified item of Unit Price Work by multiplying the unit price times the actualquantity of that item). The Contractor’s Bid, attached hereto as an exhibit, provides the basisfor the extended prices for the Unit Price Work. The extended prices for Unit Price Work setforth as of the Effective Date of the Contract are based on estimated quantities. As providedin Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, anddeterminations of actual quantities and classifications are to be made by Engineer.

Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actualquantities) $____________.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the GeneralConditions. Applications for Payment will be processed by Engineer as provided in the GeneralConditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis ofContractor’s Applications for Payment on or about the last day of each month duringperformance of the Work as provided in Paragraph 6.02.A.1 below, provided that suchApplications for Payment have been submitted in a timely manner and otherwise meet therequirements of the Contract. All such payments will be measured by the Schedule of Valuesestablished as provided in the General Conditions (and in the case of Unit Price Work basedon the number of units completed) or, in the event there is no Schedule of Values, as providedelsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal tothe percentage indicated below but, in each case, less the aggregate of paymentspreviously made and less such amounts as Owner may withhold, including but not limitedto liquidated damages, in accordance with the Contract

a. 90 percent of Work completed (with the balance being retainage). If the Work hasbeen 50 percent completed as determined by Engineer, and if the character andprogress of the Work have been satisfactory to Owner and Engineer, then as longas the character and progress of the Work remain satisfactory to Owner andEngineer, there will be no additional retainage; and

b. 95 percent of cost of materials and equipment not incorporated in the Work (with thebalance being retainage).

KINGS POINT ROAD WATERMAIN REPAIR PROJECT AGREEMENT

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 3

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 All amounts not paid when due shall bear interest at the rate of 0 percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce the Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference idents identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions the Contract.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT AGREEMENT

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 4

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to ___, inclusive).

2. Performance bond.

3. Payment bond.

4. Other bonds.

a. Maintenance bond.

5. General Conditions.

6. Supplementary Conditions.

7. Specifications as listed in the table of contents of the Project Manual.

8. Drawings (not attached but incorporated by reference) consisting of ___ sheets with each sheet bearing the following general title: ___, dated ___.

9. Addenda (numbers ___ to ___, inclusive).

10. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages ___ to ___, inclusive).

b. Non-Collusion Affidavit

c. Responsible Contractor Verification and Certification Form

11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT AGREEMENT

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 5

10.02 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of anyrights under or interests in the Contract will be binding on another party hereto without thewritten consent of the party sought to be bound; and, specifically but without limitation, moneythat may become due and money that is due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unlessspecifically stated to the contrary in any written consent to an assignment, no assignment willrelease or discharge the assignor from any duty or responsibility under the ContractDocuments.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives tothe other party hereto, its successors, assigns, and legal representatives in respect to allcovenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under anyLaw or Regulation shall be deemed stricken, and all remaining provisions shall continue to bevalid and binding upon Owner and Contractor, who agree that the Contract Documents shallbe reformed to replace such stricken provision or part thereof with a valid and enforceableprovision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as arequirement of this Contract. This Contract may be terminated by the Owner at any time upondiscovery by the Owner that the prime contractor or subcontractor has submitted a falsestatement under oath verifying compliance with any of the minimum criteria set forth in theStatute.

B. The provisions of MINN. STAT. 471.425, subdivision 4a. are imposed as a requirement of thisContract.

1. Each contract of a municipality must require the prime contractor to pay anysubcontractor within ten days of the prime contractor’s receipt of payment from themunicipality for undisputed services provided by the subcontractor. The contract mustrequire the prime contractor to pay interest of 1-1/2 percent per month or any part of amonth to the subcontractor on any undisputed amount not paid on time to thesubcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shallpay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civilaction to collect interest penalties from a prime contractor must be awarded its costs anddisbursements, including attorney’s fees, incurred in bringing the action.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT AGREEMENT

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 6

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on __________ (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

By: By:

Title: Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

License No.:(where applicable)

(If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

EJCDC® C-610, Performance BondCopyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 1 of 3

PERFORMANCE BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACTEffective Date of the Agreement:Amount:Description (name and location):

BONDBond Number:Date (not earlier than the Effective Date of the Agreement of the Construction Contract):Amount:Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By: Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

EJCDC® C-610, Performance BondCopyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 2 of 3

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence,

to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

EJCDC® C-610, Performance BondCopyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 3 of 3

10. The Surety hereby waives notice of any change, includingchanges of time, to the Construction Contract or to relatedsubcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may beinstituted in any court of competent jurisdiction in the location inwhich the work or part of the work is located and shall be institutedwithin two years after a declaration of Contractor Default or withintwo years after the Contractor ceased working or within two yearsafter the Surety refuses or fails to perform its obligations under thisBond, whichever occurs first. If the provisions of this paragraph arevoid or prohibited by law, the minimum periods of limitationsavailable to sureties as a defense in the jurisdiction of the suit shall beapplicable.

12. Notice to the Surety, the Owner, or the Contractor shall bemailed or delivered to the address shown on the page on which theirsignature appears.

13. When this Bond has been furnished to comply with a statutoryor other legal requirement in the location where the construction wasto be performed, any provision in this Bond conflicting with saidstatutory or legal requirement shall be deemed deleted herefrom andprovisions conforming to such statutory or other legal requirementshall be deemed incorporated herein. When so furnished, the intentis that this Bond shall be construed as a statutory bond and not as acommon law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amountpayable by the Owner to the Contractor under the ConstructionContract after all proper adjustments have been made includingallowance for the Contractor for any amounts received or to bereceived by the Owner in settlement of insurance or other claims

for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor andsubcontractor, the term Contractor in this Bond shall be deemed tobe Subcontractor and the term Owner shall be deemed to beContractor.

16. Modifications to this Bond are as follows:

EJCDC® C-615, Payment BondCopyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 1 of 3

PAYMENT BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACTEffective Date of the Agreement:Amount:Description (name and location):

BONDBond Number:Date (not earlier than the Effective Date of the Agreement of the Construction Contract):Amount:Modifications to this Bond Form: None See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By: Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

EJCDC® C-615, Payment BondCopyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 2 of 3

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed amounts.

7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

EJCDC® C-615, Payment BondCopyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 3 of 3

12. No suit or action shall be commenced by a Claimant underthis Bond other than in a court of competent jurisdiction inthe state in which the project that is the subject of theConstruction Contract is located or after the expiration ofone year from the date (1) on which the Claimant sent aClaim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or(2) on which the last labor or service was performed byanyone or the last materials or equipment were furnishedby anyone under the Construction Contract, whichever of(1) or (2) first occurs. If the provisions of this paragraphare void or prohibited by law, the minimum period oflimitation available to sureties as a defense in thejurisdiction of the suit shall be applicable.

13. Notice and Claims to the Surety, the Owner, or theContractor shall be mailed or delivered to the addressshown on the page on which their signature appears.Actual receipt of notice or Claims, however accomplished,shall be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with astatutory or other legal requirement in the location wherethe construction was to be performed, any provision inthis Bond conflicting with said statutory or legalrequirement shall be deemed deleted herefrom andprovisions conforming to such statutory or other legalrequirement shall be deemed incorporated herein. Whenso furnished, the intent is that this Bond shall be construedas a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be apotential beneficiary of this Bond, the Contractor andOwner shall promptly furnish a copy of this Bond or shallpermit a copy to be made.

16. Definitions

16.1 Claim: A written statement by the Claimantincluding at a minimum:

1. The name of the Claimant;2. The name of the person for whom the labor

was done, or materials or equipmentfurnished;

3. A copy of the agreement or purchase orderpursuant to which labor, materials, orequipment was furnished for use in theperformance of the Construction Contract;

4. A brief description of the labor, materials, orequipment furnished;

5. The date on which the Claimant lastperformed labor or last furnished materials orequipment for use in the performance of theConstruction Contract;

6. The total amount earned by the Claimant forlabor, materials, or equipment furnished as ofthe date of the Claim;

7. The total amount of previous paymentsreceived by the Claimant; and

8. The total amount due and unpaid to theClaimant for labor, materials, or equipmentfurnished as of the date of the Claim.

16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.

16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

17. If this Bond is issued for an agreement between acontractor and subcontractor, the term Contractor in thisBond shall be deemed to be Subcontractor and the termOwner shall be deemed to be Contractor.

18. Modifications to this Bond are as follows:

Certi� ate of Compliance

Based on records of the Minnesota Department of Revenue, I certi y that the contractor who has signed this Contractor Affi vit has fulfilled all the equirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating o contract services with the state of Minnesota and/or its subdivisions.

Department of Revenue approval Date

(Rev. 12/17)

IC134

Contractor Affi vitThis Contractor Affi vit must be certified y the Minnesota Department of Revenue before the state of Minnesota or any of its subdi-visions can make final p yment to contractors. For more detailed informatio , see the instructio s on the back of this form.

Company name Daytime phon Minnesota tax ID number

Address Total contract amount Month/year work began

City State ZIP code Amount still du Month/year work ended

Please type or print clearly. This information will be used or returning the completed form.

$

$

Project number Project locatio

Project owner Address City State ZIP code

Did you have employees work on this project? Yes No. If no, who did the work?

I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency.

Contractor’s signature Title Date

Mail to: Minnesota Revenue, Mail Station 6610, St. aul, MN 55146-6610Phone: 651-282-9999 or 1-800-657-3594

Check the box that describes your involvement in the project and fill in all information requested.

Sole contractor

SubcontractorName of contractor who hired you

Address

Prime contractor—If you subcontracted out any work on this project, all of your subcontractors must submit their own Contractor Affi vits and have them certified y the Department of Revenue before you can submit your Contractor Affi vit. For each subcontractor you had, fillin the information bel w and a� ach a copy of each subcontractor’s certified C tractor Affi vit. If you need more space, a� ach a separate sheet.Business name Address Owner/Offic

Form IC134 Instructions

Minnesota Tax ID NumberYou must have a Minnesota tax ID number if you have employees who work in Min-nesota. You must enter your Minnesota tax ID number on Form IC134.If you don’t have a Minnesota tax ID number, apply online at www.revenue.state.mn.us or by calling our Business Registration Office at 651-282-5225 or 1-800-657-3605.If you have no employees and did all the work yourself, you do not need a Minnesota tax ID number. Instead, enter your Social Security number in the space for Minnesota tax ID number and explain who did the work.

Submit Contractor Affi vitForm IC134 cannot be processed by the Department of Revenue until you finish the work. If you submit the form before the project is completed, it will be returned to you unprocessed.

If any withholding payments are due to the state, Minnesota law requires certified pay-ments before we approve your Form IC134.If you are a subcontractor or sole contrac-tor, submit the form when you have com-pleted your part of the project.If you are a prime contractor, submit the form when the entire project is completed and you have received certified Contractor Affidavits from all of your subcontractors.

If you’re a prime contractor and a subcontractor on the same projectIf you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your portion of the project to another contractor, you are a prime contrac-tor as well. Complete both the subcontrac-tor and prime contractor areas on a single Form IC134.You may submit your Contractor Affidavit either electronically or by mail. This af-fidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work.

Contractor Affi vitNo state agency or local unit of government can make final payment to a contractor until the Department of Revenue has certified that the contractor and any subcontractor have fulfilled the requirements of Minne-sota withholding tax laws.

If you are a prime contractor, a contractor or a subcontractor who did work on a proj-ect for the state of Minnesota or any of its local government subdivisions — such as a county, city or school district — you must submit a Contractor Affidavit to the Depart-ment of Revenue to receive a certificate of compliance.

Use of InformatioThe Department of Revenue needs all the requested information to determine if you have met the state income tax withholding requirements. If all required information is not provided, Form IC134 will be returned to you for completion.

All information on this Contractor Affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law.

For an immediate response: Complete and submit your Contractor Affidavit electroni-cally. Go to www.revenue.state.mn.us and choose Withholding Tax. Under the File and Pay tab, click on Contractor Affidavit Information for Government Projects.You may complete and mail Form IC134 to: Minnesota Revenue, Mail Station 6610, St. Paul, MN, 55146-6610. If you have fulfilled the requirements of Minnesota withholding tax laws, the department will sign your Form IC134 and return it to you.To receive your final payment, submit the certified Contractor Affidavit to the govern-ment unit for which the work was done. If you are a subcontractor, submit the certified Contractor Affidavit to your prime contrac-tor to receive your final payment.

Information and Assi tance Additional forms and information, includ-ing fact sheets and frequently asked ques-tions, are available on our website.

Website: www.revenue.state.mn.us

Email: [email protected]

Phone: 651-282-9999 or 1-800-657-3594

This information is available in alternate formats.

Department of Revenue ApprovalThe above-named non-Minnesota contractor is exempt from the surety requirements of Minnesota Statute 290.9705 for this project.Department of Revenue approval Date

(Rev. 12/17)

SDE

Exemption f om Surety Deposits for Non-Minnesota Contractors

Contractor Total contract amount Minnesota tax ID number

Address Contactperson Daytim phone

City State ZIPcode Contractstartin date Projectedcompletio date

Business type (check one): Corporatio Scorporatio

Partnership Sole proprietor

Please type or print clearly. This information will be used or returning the form to you.

$

Nameofbusinessorgovernmentagency Contactperson Daytim phone

Contract owner’s address City State ZIP Code Project number

Projectlocatio address City State ZIPcode

Irequestexemptio fromsuretydepositsunderMinnesotalaw(M.S. 290.9705)forthefollowingreason(check one box only and complete the information requested):

I have a cash surety or a bond secured by an insurance company licensed in Minnesota. The bond must be 8 percent of the total contract amount. A� ach a copy of Form SDB, Non-Minnesota Contractor’s Bond.

BondingCompany BondingAgent

Address Daytim Phone

City State ZIP Code Period of Bond (Month/Day/Year)

From / / To / /

Ihavedoneconstructio workinMinnesotaduringthepastthreecalendaryearsandhavefullycompliedwithMinnesotalawregardingMinnesotaincome,salesanduse,corporatefranchise,andwithholdingtaxes.Iamperformingworkforagovernmentagencyandhaveapaymentandperformancebond.Iamperformingworkforagovernmentagencyandhaveacashsuretyissuedbyastatebank,nationa bank,orsavingsandloanassociatio doingbusinessinMinnesota.

I declare this information is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to send a copy of this form to the contract owner and discuss this case and related taxes with the bonding company.

Contractor’ssignature Title Date

Mail to:MinnesotaRevenue,MailStatio 6501,St.Paul,MN55146-6501

Form SDE Instruction

• The contractor gives the department a cash surety. A cash surety is evidence of a savings account, deposit or certificate of deposit in, or issued by, a state bank, national bank, or savings and loan as-sociation doing business in Minnesota. Interest and dividends earned on the principal amount may be retained by the contractor.

• The contractor is performing work for a government agency and has a payment and performance bond.

• The contractor has done construction work in Minnesota during the past three calendar years and has fully complied with Minnesota laws regarding with-holding, sales and use, franchise, and income taxes.

If a non-Minnesota contractor is hired or contracted to perform construction work in Minnesota, the person or business who is paying the contractor must withhold 8 per-cent of the payment as a Minnesota surety deposit. Unless the contractor has received exemp-tion from surety deposits, payments made to the contractor are subject to 8 percent withholding, if:• the construction work was performed in

Minnesota; and • the total amount paid to the non-Minne-

sota construction contractor during the year exceeds $50,000.

Who can apply?A non-Minnesota contractor can apply for an exemption if your contract exceeds or is expected to exceed $50,000 or multiple contracts have exceeded $50,000 cumula-tive per calendar year for work done in Minnesota.

Before You StartYou must have a Minnesota tax ID number from the Department of Revenue to request an exemption from surety deposit.

If you don’t have a Minnesota ID number, you may apply online at www.revenue.state.mn.us or by calling our Business Registration Office at 651-282-5225 or 1-800-657-3605.

Unless the non-Minnesota construction contractor is approved for exemption, any person or business that hires or contracts with the contractor must withhold 8 percent of their compensation as a Minnesota surety deposit.

The withholding amount is deposited with the department and is used as a surety to guarantee that the contractor has fulfilled the requirements for withholding, sales and use, franchise, and income taxes.

For additional information regarding the 8 percent withholding, see Fact Sheet 12, Surety Deposits for Non-Minnesota Con-struction Contractors.

Purpose of Form SDEIf you are a non-Minnesota construction contractor and you want to apply for an ex-emption from the surety deposit (see “Ex-emption Requirements” below), complete and file Form SDE with the department before you start the project.

If approved, give the original, signed Form SDE to the person or business for whom you are doing the work to show you are exempt from the 8 percent surety deposit.

Surety Deposit LawIf you hire or contract with a non-Minneso-ta contractor to perform construction work in Minnesota, you must withhold 8 percent (.08) of their compensation as a Minne-sota surety deposit. Payments are subject to 8 percent withholding only if the work was performed in Minnesota and the total payments during the year exceed $50,000. If the total payments exceed $50,000 in a calendar year, all of the payments, even the first $50,000, are subject to withholding.

Exemption equirementsA non-Minnesota construction contrac-tor may qualify for an exemption from the surety deposit if one of the following requirements are met:• The contractor gives the department a

bond that is secured by an insurance company licensed in Minnesota and is equal to 8 percent of the contract. The bond remains in effect until the con-tractor satisfies all tax liabilities. You may choose to complete Form SDB, Non-Minnesota Contractor’s Bond, to submit to the department.

How to ApplyTo apply for an exemption from Minnesota surety deposits, file Form SDE before you start the project.

Mail this form and any required attach-ments to the address on the front.

If You’re ApprovedIf we approve the exemption, we will sign the bottom of the form and return it to you. Make a copy for your records and give the original to the business for whom you are doing the work.

If You’re Not ApprovedIf we determine you’re not eligible for exemption, 8 percent of each payment made to you must be withheld by the business for whom you are doing the work and depos-ited with the Department of Revenue.

To apply for a refund, complete Form SDR, Refund of Surety Deposits for Non-Minnesota Contractors. When the project is complete, and we determine that you have complied with Minnesota income, with-holding, corporate franchise and sales and use tax laws, you’ll receive a refund plus interest.

Information and Assi tanceAdditional forms and information, includ-ing fact sheets and frequently asked ques-tions, are available on our website.Website: www.revenue.state.mn.usEmail: [email protected]: 651-282 9999 or 1-800-657-3594This information is available in alternate formats.

Use of InformatioAll information on this form is required except for your phone number.

All information, except your Minnesota tax ID number, is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy, the contract owner or bonding company and certain government agencies as provided by law.

DIVISION 1

GENERAL REQUIREMENTS

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 1CITY OF MINNETRISTA, MN GENERAL REQUIREMENTSCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 1

INTRODUCTION ..........................................................................................................................................1

GR-1 – SUMMARY OF WORK.....................................................................................................................1

GR-2 – WORK SEQUENCE.........................................................................................................................1

GR-3 – (1401) INTENT OF CONTRACT......................................................................................................1

GR-4 – (1402) CONTRACT REVISIONS .....................................................................................................1

GR-5 – (1403) NOTIFICATION FOR CONTRACT REVISIONS ..................................................................1

GR-6 – (1404) MAINTENANCE OF TRAFFIC AND (2563) TRAFFIC CONTROL.......................................1

GR-7 – (1405) USE OF MATERIALS FOUND ON THE PROJECT.............................................................4

GR-8 – (1406) PRESERVATION OF HISTORICAL OBJECTS....................................................................4

GR-9 – (1407) FINAL CLEANUP..................................................................................................................4

GR-10 – (1502) PLANS AND WORKING DRAWINGS ................................................................................4

GR-11 – (1504) COORDINATION OF CONTRACT DOCUMENTS.............................................................5

GR-12 – (1506) SUPERVISION BY CONTRACTOR ...................................................................................5

GR-13 – (1507) UTILITY PROPERTY AND SERVICE ................................................................................5

GR-14 – (1508) CONSTRUCTION STAKES, LINE, AND GRADES............................................................6

GR-15 – (1511) INSPECTION OF WORK....................................................................................................6

GR-16 – (1513) RESTRICTIONS ON MOVEMENT AND STORAGE OF HEAVY LOADS AND

EQUIPMENT....................................................................................................................................7

GR-17 – (1514) MAINTENANCE DURING CONSTRUCTION.....................................................................7

GR-18 – (1515) CONTROL OF HAUL ROADS............................................................................................7

GR-19 – (1601) SOURCE OF SUPPLY AND QUALITY ..............................................................................7

GR-20 – (1603) MATERIALS: SPECIFICATIONS, SAMPLES, TESTS, AND ACCEPTANCE....................7

GR-21 – (1606) STORAGE OF MATERIALS...............................................................................................8

GR-22 – (1607) HANDLING MATERIALS....................................................................................................8

GR-23 – (1608) UNACCEPTABLE MATERIALS..........................................................................................8

GR-24 – (1609) DEPARTMENT PROVIDED MATERIAL ............................................................................8

GR-25 – (1701) LAWS TO BE OBSERVED.................................................................................................9

GR-26 – (1702) PERMITS, LICENSES, AND TAXES..................................................................................9

GR-27 – (1706) EMPLOYEE HEALTH AND WELFARE..............................................................................9

GR-28 – (1707) PUBLIC CONVENIENCE AND SAFETY............................................................................9

GR-29 – (1710) TRAFFIC CONTROL DEVICES .......................................................................................10

GR-30 – (1712) PROTECTION AND RESTORATION OF PROPERTY....................................................10

GR-32 – (1717) AIR, LAND, AND WATER POLLUTION ...........................................................................11

GR-33 – (1802) QUALIFICATIONS OF WORKERS ..................................................................................11

GR-34 – (1804) PROSECUTION OF WORK .............................................................................................11

DIVISION 1

GENERAL REQUIREMENTS

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 1CITY OF MINNETRISTA, MN GENERAL REQUIREMENTSCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 2

GR-35 – (1805) METHODS AND EQUIPMENT.........................................................................................11

GR-36 – (1806) DETERMINATION AND EXTENSION OF CONTRACT TIME .........................................11

GR-37 – (1807) FAILURE TO COMPLETE THE WORK ON TIME............................................................12

GR-38 – (1901) MEASUREMENT OF QUANTITIES .................................................................................12

GR-39 – (1903) COMPENSATION FOR ALTERED QUANTITIES............................................................12

GR-40 – (1908) FINAL ESTIMATE AND PAYMENT – CONDITIONS AND PROCESS............................13

GR-41 – (1910) COST ESCALATION ........................................................................................................13

DIVISION 1

GENERAL REQUIREMENTS

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 1CITY OF MINNETRISTA, MN GENERAL REQUIREMENTSCITY PROJECT NO. 04-19WSB PROJECT NO. R-013236-000 PAGE 1

INTRODUCTION

These General Requirements amend or supplement Division I of the Minnesota Department of Transportation (MnDOT) Standard Specifications for Construction (2018 Edition). With the exclusion of Definitions and Terms, Bidding Requirements and Conditions, and Bidding Requirements and Covenants, unless specifically stated, provisions of MnDOT Division I which are not amended or supplemented shall not apply to this Contract.

GR-1 – SUMMARY OF WORK

The Kings Point Road Watermain Repair Project shall include the furnishing of all labor, materials, tools, and equipment necessary to complete the street construction, watermain, grading, and appurtenant work as shown on the Plans and specified herein.

GR-2 – WORK SEQUENCE

The Contractor shall:

1. Perform his work in such a manner as to cause the least interference with adjoining property owners and the general public.

2. Utility work shall follow immediately upon the removal of the bituminous pavement. Placement of aggregate base shall be completed within one (1) week of the completion of all utility work. The first lift of bituminous pavement shall be placed within one (1) week of initial aggregate base placement. All restoration work on the embankments shall be completed within one (1) week of paving the bituminous base course.

GR-3 – (1401) INTENT OF CONTRACT

The provision of MnDOT 1401 shall apply.

GR-4 – (1402) CONTRACT REVISIONS

The provision of MnDOT 1402 are modified and/or supplemented with the following:

Delete Paragraph 1402.6 in its entirety.

GR-5 – (1403) NOTIFICATION FOR CONTRACT REVISIONS

The provision of MnDOT 1403 shall apply.

GR-6 – (1404) MAINTENANCE OF TRAFFIC AND (2563) TRAFFIC CONTROL

The provisions of MnDOT 1404 are modified and/or supplemented with the following:

All traffic control devices shall conform and be installed in accordance to:

- the “Minnesota Manual on Uniform Traffic Control Devices” (MN MUTCD);- Part 6, “Field Manual for Temporary Traffic Control Zone Layouts” (Field Manual);- the Speed Limits in Work Zone Guidelines;- the Minnesota Flagging Handbook;- the MnDOT Standard Signs and Markings Manual;

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And the provisions of MnDOT 1404 and 1710, the Plans, and the Project Manual.

The Contractor shall furnish, install, maintain, and remove all traffic control devices required to provide safe movement of vehicular traffic through the Project during the life of the Contract from the start of Contract operations through the completion thereof. The Engineer will have the right to modify the requirements for traffic control as deemed necessary, due to existing field conditions.

Traffic control devices include, but are not limited to, barricades, warning signs, trailers, flashers, cones, and drums, as required, and sufficient barricade ballasts to maintain barricade stability.

Traffic Control

A. The Contractor shall be responsible for the immediate repair or replacement of all traffic control devices that become damaged, moved or destroyed, of all lights that cease to function properly, and of all barricade ballasts that are damaged, destroyed, or otherwise fail to stabilize the barricades.

B. The Contractor shall inspect, on a daily basis, all traffic control devices, which the Contractor has furnished and installed, and verify that the devices are placed in accordance with the traffic control plan and/or the MN MUTCD. Any discrepancy between the placement and the required placement shall be immediately corrected.

The Contractor shall be required to respond immediately to any call from the Engineer concerning any request for improving or correcting traffic control devices.

The Contractor is required to meet the traffic control device quality standards as determined in the Field Manual. The Contractor shall immediately replace traffic control devices that are deemed unacceptable. Signs that are dirty and result in a noticeable loss of reflectivity at night are also considered unacceptable and shall be cleaned or replaced. The Contractor shall be required to respond immediately to any call from the Engineer concerning the notification of unacceptable traffic control devices.

C. If, at any time, the Contractor fails to, in a timely manner, properly furnish, install, maintain or remove any of the required traffic control devices, the Owner reserves the right to correct the deficiency at the Contractor’s expense.

General Requirements

A. All portable sign assemblies shall be perpendicular to the ground. No roll-up signs will be allowed unless authorized by the Engineer. No traffic control device (signs, channelizing devices, arrow boards, etc.) shall be weighted so they become hazardous to motorists and workers.

B. When signs are installed, they shall be mounted as detailed in the MN MUTCD.

C. All temporary rigid signs shall be fabricated with an approved retroreflective sheeting material of the appropriate color, and be listed under the Approved/Qualified Products List (APL/QPL) for either “Sheeting for Rigid Temporary Work Zone Signs, Delineators, and Markers (Type IX and XI)” or “Sheeting for Rigid Permanent Signs, Delineators, and Markers (Type IX and XI)”. In place signs that still apply during temporary operations need no change in sign sheeting.

The sheeting materials APL/QPL, including the retroreflective sheeting types, is located at http://www.dot.state.mn.us/products/signing/sheeting.html.

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D. The Contractor shall provide protective devices necessary to protect traffic from excavations, drop-offs, falling objects, splatter or other hazards that may exist during construction This work shall be incidental. The Contractor will not be allowed to suspend material, equipment, tools and personnel over traffic unless a lane closure is established. Lane closures required for protection of traffic from excavations, suspended materials, equipment, tools, and personnel are incidental.

E. The Contractor will not be permitted to park vehicles or construction equipment in a location that obstructs any traffic control device. The parking of workers’ private vehicles will not be allowed within the Project limits unless so approved by the Engineer.

F. The Contractor will not be allowed to store materials or equipment within 30 feet of through traffic unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide Type B channelizers, barricades or barriers, placed near the object to warn and protect traffic.

G. High-Visibility Apparel: All workers within the right of way who are exposed to either traffic or to construction equipment shall wear reflectorized high-visibility safety apparel. All high visibility apparel must be worn in the manner for which it was designed. All apparel worn on the torso must be closed in the front to provide contiguous 360 degree visibility.

High-visibility safety apparel means personal protective safety clothing that is intended to provide conspicuity during both daytime and nighttime usage, and meets the minimum performance ANSI/ISEA 107-2004 (or ANSI/ISEA 107-2010) Performance Class 2 requirements. ANSI/ISEA 107-2015 Type R, Performance Class 2 is also acceptable. This information can be found in the publication entitled “American National Standard for High-Visibility Safety Apparel and Accessories.”

Additional requirements for flaggers and nighttime/low light conditions: ANSI/ISEA 107-2004 (or ANSI/ISEA 107-2010) Performance Class 3 requirements. ANSI/ISEA 107-2015 Type R, performance Class 3 is also acceptable. The Class 3 requirements shall be met by wearing a Class 2 or Class 3 vest, shirt, or jacket, as well as Class E pants. Clothing shall have an attached original label indicating the Performance Class. Retro-reflective headgear shall also be required.

Vehicle Warning Lights

All Contractors, subcontractors’ and suppliers’ mobile equipment, operating with the limits of the Project with potential exposure to passing traffic, including roads that are open to local traffic only shall be equipped with operable warning lights that meet the appropriate requirements of the SAE Specifications.J845 and J595. This also includes any vehicle that enters the traveled roadway at any time.

Lights shall be mounted so that at least one light is visible at all times from a height of 3.5 feet and from a 60 foot radius about the equipment. In order to meet the 360 degrees at 60 foot radius requirements, supplemental lighting may be used. All supplemental lights must be SAE Class 1 certified. Warning lights shall also be operating and visible when a vehicle decelerates to enter a construction work zone and again when a vehicle leaves the work zone and enters the traveled traffic lane. Providing warning lights for mobile equipment shall be incidental.

Maintenance and Staging of Traffic Control

The Contractor shall furnish, install, and maintain “ROAD WORK AHEAD” signs in advance of the construction limits and on all intersecting roads and streets as directed by the Engineer.

Construction signing and barricades shall be furnished, installed, and maintained at all job site entrances throughout the project.

All signs that are not consistent with traffic operations shall be covered as required by the Engineer.

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Street names and address numbers shall be maintained by temporary installations as required by the Engineer to maintain the 911 emergency system.

As each road is completed, and on or before the date of opening, the Contractor shall install the final signing and pavement markings required to safely open that road to traffic.

Access to Properties

The Contractor shall notify the Owner at least one (1) week in advance of any daytime road closures or access restrictions.

Measurement and Payment

No measurement will be made of the various items that constitute Traffic Control, but all such work shall be construed to be included in the lump sum payment under Item 2563.601 (Traffic Control). The lump sum payment shall be compensation in full for all costs of furnishing, installing, maintaining, and removing the individual traffic control devices, except for items as specifically listed in the Bid form.

GR-7 – (1405) USE OF MATERIALS FOUND ON THE PROJECT

The provisions of MnDOT 1405 shall apply.

GR-8 – (1406) PRESERVATION OF HISTORICAL OBJECTS

The provisions of MnDOT 1406 shall apply.

GR-9 – (1407) FINAL CLEANUP

The provisions of MnDOT 1407 are modified and/or supplemented with the following:

During the progress of the work, the area affected shall be kept clean and free of all rubbish and surplus materials. All unnecessary construction equipment shall be removed from the site and all damage repaired so that the public and adjacent property owners are inconvenienced as little as possible.

Where materials or debris have washed, flowed into, or have been placed in water courses, ditches, gutters, drains, catch basins, or elsewhere as a result of the Contractor’s operations, such material or debris shall be removed and satisfactorily disposed of during progress of work. All ditches, channels, drains, etc. shall be kept in a clean and neat condition.

On or before the completion of work, the Contractor shall, unless otherwise directed in writing, remove all temporary works, tools and machinery, other construction equipment, or stockpiles placed by the Contractor. The Contractor shall remove all rubbish from any grounds which the Contractor occupied and shall leave all the premises and adjacent properties affected by the operation in a neat and restored condition satisfactory to the Engineer.

Street sweeping (with a pickup broom) will be required periodically. Any material deposited on streets adjacent to the project from construction or hauling operations shall be cleaned as directed by the Engineer. If the Contractor fails to clear adjacent roadways within 24 hours of notification, the Engineer shall arrange to have the roadways cleaned by the City and bill the Contractor $500.00 per occurrence. The $500.00 fee for street sweeping will be deducted from project retainage for each occurrence.

GR-10 – (1502) PLANS AND WORKING DRAWINGS

The provisions of MnDOT 1502 are modified and/or supplemented with the following:

Drawings provided by the Owner will include the information, as applicable to the project, in accordance with MnDOT 1502. The Owner’s Standard Plates, MnDOT’s Standard Plates, and MnDOT’s Standard Plans may provide supplemental information.

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GR-11 – (1504) COORDINATION OF CONTRACT DOCUMENTS

The provisions of MnDOT 1504 are modified and/or supplemented with the following:

Delete the second sentence of the first paragraph and replace with the following:

If discrepancies exist between the Contract documents, the following order of precedence applies:

(1) Addenda,(2) Project Manual,(3) Project Plans,(4) Owner’s General Specifications and Standard Plates (if applicable),(5) MnDOT Standard Specifications for Construction,(6) CEAM Standard Specifications.

GR-12 – (1506) SUPERVISION BY CONTRACTOR

The provisions of MnDOT 1506 shall apply.

GR-13 – (1507) UTILITY PROPERTY AND SERVICE

The provisions of MnDOT 1507 are modified and/or supplemented with the following:

The plans show only known underground utilities, public and private, and the locations are approximate. No assurance is given that additional underground facilities do not exist. The utilities are classified as “Level D” unless the plans specifically state otherwise. This utility quality level was determined according to the guidelines of CI/ASCE38-02, entitled “Standard Guidelines for the Collection and Depiction of Existing Subsurface Data”.

State law requires the Contractor to contact Gopher State One Call (811) for utility locations before doing any underground excavation. The Contractor is responsible for ascertaining the actual location of underground utilities.

All bidders are responsible for contacting the affected utilities prior to submitting a bid to determine the extent of their facilities within the project area and the scope and anticipated schedule of any facility relocation, removal, or adjustment. The following utility owners have existing facilities that may be affected by the Work:

Sanitary Sewer Gary PetersWatermain 7701 Co Rd 110 WStorm Sewer Minnetrista, MN 55364

952-241-2532

Electric Xcel EnergyPhilip Glovigen5505 County Road 19Shorewood, MN 55331952-471-3310

Telephone/Cable Frontier CommunicationsTim Jacobson14450 Burnhaven DrBurnsville, MN 55306952-435-8505

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MediacomChris Thompson5308 Shoreline DriveMound, MN 55364612-919-0336

Gas Centerpoint EnergyDan ChristensenP.O. Box 1165, 700 West Linden AveMinneapolis, MN 55403

The Contractor shall coordinate activities with the activities of all utility owners present within the project limits. This includes delays associated with scheduling conflicts, fees charges by utility owners for construction services, and all time necessary to communicate and work with utility owners within the project limits.

The location, protection, maintenance and/or repair, if damaged, of all in-place utilities shall be the responsibility of the Contractor.

Where construction operations require the interruption of service of a utility, the Contractor shall notify the utility at least 48 hours before the interruption and shall advise the utility of the probable time when the service will be restored.

GR-14 – (1508) CONSTRUCTION STAKES, LINE, AND GRADES

MnDOT 1508 is deleted in its entirety and replaced with the following:

1508 CONSTRUCTION STAKES, LINE AND GRADES

The Engineer will provide horizontal and vertical control construction stakes to allow the Contractor to construct the improvements as follows:

A. Offset stakes placed at 50-foot intervals, including changes in direction and appurtenances for watermain construction.

B. Reference hubs (bluetops) as needed at a measured distance either side of centerline, including cut or fill instructions for subgrade and/or gravel base.

It shall be the Contractor's total responsibility to accurately construct the improvements in accordance with the construction stakes. Construction stakes will not be placed by the Owner until a written request is received from the Contractor giving the Engineer 24 hours' notice, describing where and when he wants the construction stakes placed for the next week's construction. The stakes will be set only one (1) time and it will be the responsibility of the Contractor to preserve the stakes.

The Engineer shall have the right to order the Contractor to have construction stakes replaced if the Engineer determines that a significant number of stakes have been destroyed.

The replacement of any construction stakes will be done by the Engineer at the Contractor's expense and for which the Contractor will be billed.

No additional compensation shall be allowed the Contractor for any claims of crews being held up because of lack of line and grade stakes.

GR-15 – (1511) INSPECTION OF WORK

The provisions of MnDOT 1511 are modified and/or supplemented with the following:

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Any person representing Federal or State agencies, the Engineer, or Owner shall have the right-of-entry to inspect the Work being performed by the Contractor. If the case warrants, the Contractor shall provide proper facilities for such access and inspection.

The Contractor shall notify the Engineer anytime he anticipates working on this project. No work will be allowed without notifying the Engineer a minimum of 24 hours beforehand.

GR-16 – (1513) RESTRICTIONS ON MOVEMENT AND STORAGE OF HEAVY LOADS AND EQUIPMENT

The provisions of MnDOT 1513 are modified and/or supplemented with the following:

The Contractor shall limit the roadways utilized for delivery of equipment and for hauling operations.

The Contractor shall provide and use only rubber tire dozers, front end loaders, and other necessary equipment on all work where street pavements or portions of pavements are undisturbed for the protection of the pavements or in such locations as the Engineer may direct.

No compensation will be allowed to the Contractor for replacement of damaged utilities and resurfacing or replacing damaged pavements.

GR-17 – (1514) MAINTENANCE DURING CONSTRUCTION

The provisions of MnDOT 1514 shall apply.

GR-18 – (1515) CONTROL OF HAUL ROADS

The provisions of MnDOT 1515 shall apply.

GR-19 – (1601) SOURCE OF SUPPLY AND QUALITY

The provisions of MnDOT 1601 shall apply.

GR-20 – (1603) MATERIALS: SPECIFICATIONS, SAMPLES, TESTS, AND ACCEPTANCE

The provisions of MnDOT 1603 are modified and/or supplemented with the following:

Delete the first paragraph of MnDOT 1603.2 and replace with the following:

Testing of materials and/or densities shall be completed to assure quality of materials and/or workmanship. The Observer will coordinate and order the tests to be performed. Initial testing of materials and/or densities, in accordance with the requirements below, will be paid for by the Owner. Any retesting due to failures shall be at the expense of the Contractor.

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Schedule of Materials Control

Add the following new paragraph to MnDOT 1603.2:

Copies of all test results, either passing or failing, shall be provided to the Observer, Owner, and Engineer. Failing test results shall be retested to confirm compliance with the project specifications.

GR-21 – (1606) STORAGE OF MATERIALS

The provisions of MnDOT 1606 are modified and/or supplemented with the following:

Any disturbed area shall be cleaned up and fully restored to the pre-existing condition prior to closing out this project. The Contractor shall be required to install protective fencing and silt fence around the storage area. The protection, cleanup, and restoration of the project storage area shall be the Contractor’s responsibility; no compensation will be made for this work. It is anticipated that all work, including stockpiling of materials, will be completed within the roadway right-of-way.

GR-22 – (1607) HANDLING MATERIALS

The provisions of MnDOT 1607 shall apply.

GR-23 – (1608) UNACCEPTABLE MATERIALS

The provisions of MnDOT 1608 shall apply.

GR-24 – (1609) DEPARTMENT PROVIDED MATERIAL

The provisions of MnDOT 1609 shall apply.

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GR-25 – (1701) LAWS TO BE OBSERVED

The provisions of MnDOT 1701 are modified and/or supplemented with the following:

Delete MnDOT 1701.2 and replace with the following:

The Owner intends to provide a workplace free of violence, threats of violence, harassment, and discrimination. The Owner has zero tolerance for violence in the workplace. Contractors shall maintain a workplace free of violence, harassment, and discrimination. The Contractor shall immediately remove from the Project any employee of the Contractor or a Subcontractor in violation of these requirements. The Contractor shall not discriminate against prospective employees because of age, race, color, sex, creed, religion, nationality, or disability.

Delete MnDOT 1701.3 in its entirety.

GR-26 – (1702) PERMITS, LICENSES, AND TAXES

The provisions of MnDOT 1702 are modified and/or supplemented with the following:

The following permits will be acquired by the Owner (except as noted). The Contractor is required to follow the provisions of all permits:

Minnesota Department of Health:The Owner has submitted plans and specifications to the Minnesota Department of Health as required for Watermain Plan Review.

Minnesota Department of Natural Resources (DNR):The Contractor shall acquire a DNR Water Appropriations permit if any dewatering becomes necessary.

GR-27 – (1706) EMPLOYEE HEALTH AND WELFARE

The provisions of MnDOT 1706 are modified and/or supplemented with the following:

The Contractor, at their own expense, shall provide and maintain temporary toilet facilities at the site during the construction period sufficient for the scheduled workforce. The Contractor and Engineer shall agree to the location of the temporary toiled facilities.

Areas of special concern include, but are not limited to, excavation stability protection, fall protection, protection from overhead hazards, vehicle backup protection, confined space safety, blasting operations, and personal safety devices.

The Contractor must not use motor vehicle equipment that has an obstructed rear view unless the vehicle has a reverse alarm that is audible above the surrounding noise level; or an observer signals to the operator that it is safe to revers.

GR-28 – (1707) PUBLIC CONVENIENCE AND SAFETY

The provisions of MnDOT 1707 are modified and/or supplemented with the following:

Working hours will be from 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays. The Contractor shall not be permitted to work on Sundays or holidays, except in the case of emergencies. Requests for modification of working hours must be approved by the City Council. The Contractor shall submit all requests in writing to the Engineer. The Contractor shall structure the proposed project schedule based on the stated working hours.

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The Contractor shall comply with local and state ordinances on noise abatement. All equipment shall have effective mufflers on engine exhaust systems.

The Contractor shall be required to accommodate garbage collection while the project is under construction. Coordination shall include contact with the garbage companies service the area and maintaining access to the individual residences. If the Contractor fails to accommodate garbage collection, the Contractor shall contract independently to have the garbage removed at no cost to the Owner.

The Contractor shall provide any barricades, fences or other means of protection necessary to properly execute the work and adequately protect his employees, employees of the Owner, employees of the Engineer, and members of the public according to federal, state, and local regulators. All utility trenches shall be backfilled at the end of each working day to the satisfaction of the Engineer.

All labor and materials necessary to comply with these provisions are incidental, and no payment shall be made.

GR-29 – (1710) TRAFFIC CONTROL DEVICES

The provisions of MnDOT 1710 shall apply.

GR-30 – (1712) PROTECTION AND RESTORATION OF PROPERTY

The provisions of MnDOT 1712 are modified and/or supplemented with the following:

The Contractor shall protect, and/or remove and reinstall all fences, street signs, retaining walls, and other items required to construct the proposed improvements. Work associated with protecting, and/or removing and reinstalling fences, street signs, lawn irrigation systems, and other items shall be considered incidental to the project unless specific bid items are included.

The Contractor shall take whatever steps necessary to protect adjoining properties and structures from hazards due to performance of the work. The Contractor is responsible for any and all damage to properties and structures that occur as a result of the Contractor’s operations.

The street and utility construction may occur in close proximity to a number of existing structures. The Contractor shall use shoring or other means as necessary to ensure that those structures are protected during construction.

Existing residences may not be of modern construction, and are thus sensitive to vibrating equipment. The Contractor shall take care when utilizing vibratory equipment to avoid damage to adjoining structures. Damage to structures resulting from the use of vibratory equipment are the responsibility of the Contractor. In the event of a complaint or perceived problem, a seismograph will be required to be provided at the Contractor’s expense.

All labor and materials necessary to comply with the provisions of this section are incidental, and no payment shall be made.

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GR-32 – (1717) AIR, LAND, AND WATER POLLUTION

Pollution of natural resources of air, land, and water by operations under this Contract shall be prevented, controlled, and abated in accordance with the rules, regulations, and standards adopted and established by the Minnesota Pollution Control Agency (MPCA) and MnDOT 1717.

The provisions of MnDOT 1717 are modified and/or supplemented with the following:

The Contractor shall be responsible for dust control.

By signing the NPDES Declaration and completing the electronic online NPDES CSW permit, the Contractor is a co-permittee with the Owner to ensure compliance with the terms and conditions of the Construction General Storm Water Permit (MN R100001) and is responsible for those portions of the permit where the operator is referenced. This permit establishes conditions for discharging storm water to waters of the State from construction activities that disturb one (1) acre or more of total land area. A copy of the permit is available at http://www.pca.state.mn.us/water/stormwater/stormwater-c.html, or by calling 651-296-3890.

Erosion control shall be placed and maintained by the Contractor as directed by the Engineer. The Contractor shall use the appropriate means of control for individual situations. The erosion control types may include but are not limited to silt fence, fiber blanket, rock construction entrances, diversion ditches, and catch basin inlet protection, all of which will be considered incidental to the project cost unless a bid item is provided in the Bid Form. Failure to maintain the erosion control will be sufficient cause to withhold further payments on the project until the maintenance is complete.

The erosion control measures for the project have been identified in the plan set and the NPDES Stormwater Pollution Prevention Plan (SWPPP); however, modifications can be made depending on actual site conditions.

Emergency Best Management Practices must be enacted to help minimize turbidity of surface waters and relieve runoff from extreme weather events.

All manholes shall be protected from surface water drainage. All storm sewer systems shall be protected from sedimentation, along with downstream ponding areas. All catch basins shall be protected with approved means of protection, immediately following construction.

Prior to final acceptance of the project or the end of the warranty period, the Contractor shall remove all erosion control items.

GR-33 – (1802) QUALIFICATIONS OF WORKERS

The provisions of MnDOT 1802 shall apply.

GR-34 – (1804) PROSECUTION OF WORK

The provisions of MnDOT 1804 are deleted in their entirety and replaced with the following:

GR-35 – (1805) METHODS AND EQUIPMENT

The provisions of MnDOT 1805 shall apply.

GR-36 – (1806) DETERMINATION AND EXTENSION OF CONTRACT TIME

The provisions of MnDOT 1806 are deleted in their entirety and replaced with the following:

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1806 DETERMINATION AND EXTENSION OF CONTRACT TIME

The Notice to Proceed is anticipated to be issued by the Owner on September 17, 2019. The exact date of issuance will be determined based on the Contractor’s schedule.

The Contractor may proceed with work at any time after the Notice to Proceed is issued. The maximum duration of time that any construction activities may occur is three (3) weeks. This means that the latest any construction activities may begin is October 10, 2019. This allows for the Contractor to fluctuate their start date to align with other construction project obligations. The Contractor must provide the Owner and Engineer with an anticipated start date at least one (1) week prior to starting construction.

The Work will be substantially completed on or before October 31, 2019. Substantial completion includes utility installation, placement of both lifts of bituminous, turf restoration, and cleanup.

The Work will be ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before. November 15, 2019. Final completion includes completing any punch list items.

The project schedule has been set to accommodate sufficient time for any weather delays. It is the Contractor’s responsibility to complete the project within the assigned schedule. No extension of time will be granted for weather conditions typical to the time of year the work is undertaken.

A 48-hour notice shall be provided prior to installing traffic control signs. The Contractor shall schedule work to occur continuously to avoid delays. The Contractor shall coordinate schedules with all utility owners within the project limits.

GR-37 – (1807) FAILURE TO COMPLETE THE WORK ON TIME

The provisions of MnDOT 1807 are modified and/or supplemented with the following:

Contractor and Owner recognize that time is of the essence and that the Owner will suffer financial loss and other losses if the work is not completed within the times specified by the Owner, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay the Owner as follows:

The liquidated damages shall be in accordance with Table 1807-1 Schedule of Liquidated Damages for all stated completion dates, as well as any intermediate completion dates.

GR-38 – (1901) MEASUREMENT OF QUANTITIES

The provisions of MnDOT 1901 shall apply.

GR-39 – (1903) COMPENSATION FOR ALTERED QUANTITIES

MnDOT 1903 is deleted in its entirety and replaced with the following:

1903 COMPENSATION FOR ALTERED QUANTITIES

There will be no adjustment in unit price for increased or decreased quantities. In addition, the Owner reserves the right to reduce certain quantities or delete certain items from each section of the bids as the Owner sees fit, either before or after the Award of Contract. There will be no additional compensation due to remobilization of equipment as necessary to complete punch list items or other items not completed by the Contractor. There will be no additional compensation due to restocking charges for materials not used on the project.

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GR-40 – (1908) FINAL ESTIMATE AND PAYMENT – CONDITIONS AND PROCESS

MnDOT 1908 is deleted in its entirety and replaced with the following:

1908 FINAL ESTIMATE AND PAYMENT – CONDITIONS AND PROCESS

Absent complete and legally effective releases or waivers of all Lien rights arising out of the Work, and of Liens filed in connection with the Work, the Owner may retain out of any monies due said Contractor sums sufficient to cover all unpaid liens/claims.

The Owner cannot make final payment to the Contractor until the Contractor demonstrates that it and all its subcontractors have complied with the Income Tax withholding requirements of Minnesota Statutes, section 290.92 for wages paid for work performed under the contract. To establish compliance, the Contractor must submit a “Contractor Affidavit” (IC134) to the Minnesota Department of Revenue. The Contractor will receive written certification of compliance when the Department of Revenue determines that all withholding tax returns have been filed and all withholding taxes attributable to the work performed on the contract have been paid. The Contractor must then provide this written certification to the Owner to receive final payment.

Every subcontractor working on the Project must submit an approved “Contractor Affidavit” from the Minnesota Department of Revenue to the Contractor before the Contractor can file its own Contractor Affidavit.

GR-41 – (1910) COST ESCALATION

The provisions of MnDOT 1910 shall apply.

DIVISION 2

SPECIFICATIONS

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

CITY OF MINNETRISTA, MN SPECIFICATIONS

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 1

2021 MOBILIZATION................................................................................................................................1

2101 CLEARING AND GRUBBING..........................................................................................................1

2104 REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES...............................................2

2111 TEST ROLLING ...............................................................................................................................3

2112 SUBGRADE PREPARATION..........................................................................................................3

2123 EQUIPMENT RENTAL ....................................................................................................................3

2130 APPLICATION OF WATER FOR DUST CONTROL .......................................................................4

2211 AGGREGATE BASE........................................................................................................................4

2221 SHOULDER BASE AGGREGATE...................................................................................................5

2331 JOINT ADHESIVE (MASTIC) ..........................................................................................................5

2357 BITUMINOUS TACK COAT.............................................................................................................6

2360 PLANT MIXED ASPHALT PAVEMENT (MSCR).............................................................................6

2451 (CEAM 2600) STRUCTURE EXCAVATIONS AND BACKFILLS ....................................................9

2503 PIPE SEWERS ..............................................................................................................................10

2504 (CEAM 2611) WATERMAIN ..........................................................................................................11

2505 UTILITY COORDINATION.............................................................................................................13

2511 RIPRAP..........................................................................................................................................13

2572 PROTECTION AND RESTORATION OF VEGETATION..............................................................13

2573 STORM WATER MANAGEMENT .................................................................................................14

2574 SOIL PREPARATION....................................................................................................................14

2575 ESTABLISHING TURF AND CONTROLLING EROSION .............................................................15

DIVISION 2

SPECIFICATIONS

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

CITY OF MINNETRISTA, MN SPECIFICATIONS

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 1

2021 MOBILIZATION

The provisions of MnDOT 2021 are modified and/or supplemented as follows:

2021.5 BASIS OF PAYMENT

Payment will be made based on the following schedule:

Item No. Item Unit2021.501 MOBILIZATION LS

2101 CLEARING AND GRUBBING

The provisions of MnDOT 2101 are modified and/or supplemented as follows:

2101.1 DESCRIPTION

This work consists of removing and disposing of the trees, brush, stumps, roots, and other plant life, including dead and decayed matter, within the construction area designated for removal by the contract or as directed by the Engineer.

2101.3 CONSTRUCTION REQUIREMENTS

The Contractor shall assume multiple mobilizations for this work.

All or part of this Project is located in a county which has been placed under an Emerald Ash Borer Quarantine by the Minnesota Department of Agriculture (MDA). Contractor may contact MDA at 1-888-545-6684 or visit the Emerald Ash Borer website at http://www.mda.state.mn.us/plants/pestmanagement/eab.aspx to find more information. The Contractor must comply with the following requirements, with no direct compensation made.

The Contractor will not:

(1) Offer any part of an Ash tree (Fraxinus spp.) from a quarantined area to any industry or individual without an Emerald Ash Borer Compliance Agreement with MDA; or

(2) Make available any part of an ash tree or any non-coniferous (hardwood) species with bark from the quarantined area for use as firewood; or

(3) Transport any part of an ash trees, in any form, outside of a quarantined county without complying with an Emerald Ash Borer Compliance Agreement with MDA; or

(4) Transport any part of ash trees, in any form, outside the state of MN without obtaining the United States Department of Agriculture’s and the MDA’s joint approval of the Emerald Ash Borer Compliance Agreement.

The Contractor will:

(1) Dispose of ash trees according to the Emerald Ash Borer Compliance Agreement; and

(2) Use the ash wood chips within the construction limits for erosion control, construction exit pads, or other project related needs.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

CITY OF MINNETRISTA, MN SPECIFICATIONS

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 2

C Grubbing Operations

All depressions resulting from grubbing operations shall be filled and compacted within seven (7) days (incidental).

D Disposal Limitations

No disposal of debris shall be allowed on-site unless authorized by the Engineer.

2101.4 METHOD OF MEASUREMENT

MnDOT 2104.4 is deleted and replaced with the following:

The Engineer will measure clearing and grubbing by individual unit as required by the contract. The Engineer will measure tree diameter by measuring a 4.5 feet above the ground or by measuring the diameter of the tree stump after removal.

A Qualifying Trees and Stumps

The Engineer will only measure trees for payment having a diameter greater than 3 inches at a point measured 4.5 feet above the ground.

The Engineer will only measure stumps for payment having a diameter greater than 3 inches when measured at the point of cutoff.

The Engineer will not measure for the removal of stumps and brush with a diameter equal to or less than 3 inches at the pint of cutoff.

C Individual Unit Basis

When the contract specifies “tree” as the unit, the Engineer will count the number of qualifying trees cleared and the number of qualifying stumps grubbed to determine the quantity.

2101.5 BASIS OF PAYMENT

Payment will be made based on the following schedule:

Item No. Item Unit2101.524 CLEARING TREE2101.524 GRUBBING TREE

2104 REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES

The provisions of MnDOT 2104 are modified and/or supplemented as follows:

2104.3 CONSTRUCTION REQUIREMENTS

C Removal Operations

Removals made by sawing, shall result in a neat, straight line, or a square edge. The use of wedges driven into the saw cut to break off the portion to be removed will not be permitted. Add the following new paragraphs to MnDOT 2104.3.C:

2104.5 BASIS OF PAYMENT

Delete the last sentence of the second paragraph and replace with the following:

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

CITY OF MINNETRISTA, MN SPECIFICATIONS

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 3

Measurement and payment for the removal and disposal of materials will be made only for those Items of removal work specifically included for payment as such in the Bid Form and as listed in the Plans.

Payment will be made based on the following schedule:

Item No. Item Unit2104.503 SAWING BIT PAVEMENT (FULL DEPTH) L F2104.503 REMOVE WATER MAIN L F2104.504 REMOVE BITUMINOUS PAVEMENT S Y

2111 TEST ROLLING

The provisions of MnDOT 2111 are modified and/or supplemented as follows:

2111.3 CONSTRUCTION REQUIREMENTS

A.1 General

A representative of the Owner and Contractor shall be present during test rolling.

If it rains after a test roll has been performed and the test roll has been accepted, the Contractor, at the discretion of the Owner and Engineer, will be required to perform an additional test roll prior to commencing with construction at no additional compensation.

2112 SUBGRADE PREPARATION

The provisions of MnDOT 2112 are modified and/or supplemented as follows:

2112.3 CONSTRUCTION REQUIREMENTS

A General

Maintain drainage for surface water to avoid unnecessary saturation of the subgrade.

2112.5 BASIS OF PAYMENT

The Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required as Quality Control (QC). The Owner shall be responsible for all inspections and tests required as Quality Assurance (QA).

Payment will be made based on the following schedule:

Item No. Item Unit2112.519 SUBGRADE PREPARATION RDST

2123 EQUIPMENT RENTAL

The provisions of MnDOT 2123 are modified and/or supplemented as follows:

2123.3 SPECIFIC REQUIREMENTS

Add the following new paragraph to 2123.3:

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

CITY OF MINNETRISTA, MN SPECIFICATIONS

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 4

O Street Sweeper with Pickup Broom

Throughout construction, constructed streets and roadways adjacent to the project shall be swept and cleaned as directed by the Engineer, and shall be in conformance with the NPDES permit. The Engineer may require additional sweeping of roads to ensure safety for the general public, protect the environment, uphold local requirements, or as otherwise directed. Material that is tracked off the project site shall be swept within twenty-four (24) hours.

Removal of dirt and debris shall be accomplished with self-propelled street sweeping equipment with a pick-up broom and a sufficient size for the purpose intended, to the satisfaction of the Engineer. All materials shall be collected and retained within the sweeping equipment as they are swept. Disposal of the swept material shall be in accordance with MnDOT 2104.3.D.

2123.5 BASIS OF PAYMENT

Add the following new paragraph to 2123.5:

A Street Sweeper with Pickup Broom

No payment shall be made for sweeping that is normally required to construction the project, including, but not limited to, removal of bituminous millings, sweeping between bituminous lifts, and sweeping prior to placement of pavement markings. No payment will be made for sweeping done by “kickoff brooms.”

2130 APPLICATION OF WATER FOR DUST CONTROL

The provisions of MnDOT 2130 are modified and/or supplemented as follows:

2130.5 BASIS OF PAYMENT

Water for dust control is considered incidental.

2211 AGGREGATE BASE

The provisions of MnDOT 2211 are modified and/or supplemented as follows:

2211.2 MATERIALS

Aggregate base shall be Class 5, as specified in MnDOT 3138.

The Contractor may substitute recycled material (recycled bituminous and aggregate) for class 3, 4, 5, or 6, if used for base, subbase, stabilizing aggregate, or fine aggregate bedding. Gradation must meet the requirements in Table 3138-6 below and all other requirements of MnDOT 3138.

Table 3138-6Reclamation Material Permitted as a Substitute for Class 3, 4, 5, or 6

Total Percent Passing

Sieve Size Class 3 or 4 Class 5 Class 6

3” * 100 100 100#4 35 – 100 35 – 80 35 – 70

#10 20 – 100 20 – 65 20 – 55#200 0 – 10.0 0 – 10.0 0 – 7.0

* Note for bedding within 2” of plastic pipe, the requirement is 100% passing the 1” sieve.

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CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 5

2211.3 CONSTRUCTION REQUIREMENTS

C Placing and Compacting

The Contractor shall install the aggregate base immediately, no more than twenty-four (24) hours after completion and approval of the Grading Grade. If placement of the aggregate base is done more than twenty-four (24) hours after the initial test roll, a second test roll shall be required and paid for by the Contractor. The Contractor shall be responsible to maintain the aggregate base until completion of bituminous surfacing with no direct payment therefore. Additional aggregate base required due to erosion, washouts, trench settlements or other similar causes shall be replaced by the Contractor without additional compensation therefore.

2211.5 BASIS OF PAYMENT

The Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required as Quality Control (QC). The Owner shall be responsible for all inspections and tests required as Quality Assurance (QA).

Payment will be made based on the following schedule:

Item No. Item Unit2211.507 AGGREGATE BASE (CV) CLASS 5 C Y

2221 SHOULDER BASE AGGREGATE

The provisions of MnDOT 2221 are supplemented and/or modified with the following:

2221.1 DESCRIPTION

This work consists of placing shoulder base aggregate adjacent to pavements.

2221.3 CONSTRUCTION REQUIREMENTS

Remove vegetation and replace contaminated material as directed by the Engineer. Shape the bottom of

the proposed shoulder aggregate to the grade and cross section as shown on the plans. Do not place

shoulder aggregate on the existing pavement surface. Immediately sweep spilled material from the

pavement surface.

2221.5 BASIS OF PAYMENT

The contract unit price for placing shoulder base aggregate includes the costs of the removing

vegetation, placement, compaction, watering or drying, and shaping.

Item No. Item Unit2221.5 SHOULDER BASE AGGREGATE (CV), CLASS 2 CY

2331 JOINT ADHESIVE (MASTIC)

The provisions of MnDOT 2331 are supplemented and/or modified with the following:

2331.1 DESCRIPTION

This work is the application of a hot-applied modified asphalt used as an adhesive on a cold longitudinal

construction joint for hot mix asphalt (HMA) pavements. The material must be applied to the face of the

concrete gutter pan immediately before the bituminous wear course is installed and along the centerline of

the roadway if following the first pass of wear course paving, if echelon paving is not anticipated.

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CITY PROJECT NO. 04-19

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2331.2 MATERIALS

Provide joint adhesive as specified in the table below:

TEST SPECIFICATION

Brookfield Viscosity, 204 °C [400 °F] ASTM D 3236 4,000-10,000 cp

Cone Penetration, 25 °C [77 °F] ASTM D 5329 60-100 mm

Flow, 60 °C [140 °F] ASTM D 5329 5 mm maximum

Resilience, 25 °C [77 °F] ASTM D 5329 30% minimum

Ductility, 25 °C [77 °F] ASTM D 113 30 cm minimum

Ductility, 4 °C [39.2 °F] ASTM D 113 30 cm minimum

Tensile Adhesion, 25 °C [77 °F] ASTM D 5329 500% minimum

Softening Point STM D 36 77 °C [170 °F] min.

Asphalt Compatibility ASTM D 5329 Pass

2331.3 CONSTRUCTION REQUIREMENTS

Apply when the pavement surface temperature is 4 °C [40 °F] and rising.

Use a jacketed double boiler type melting unit, with both agitation and recirculation systems. Provide a

pressure feed wand application system. If necessary, use a hot air lance with propane and compressed

air in combination, capable of heating air at the exit orifice to 982 °C [1800 °F] and a discharge velocity of

914 m/sec [3000 feet per second].

Submit a copy of the manufacturer's recommendations for heating and re-heating material, and for applying

the joint adhesive material.

2331.5 BASIS OF PAYMENT

Measure the joint adhesive by the linear foot. Payment for the accepted quantity of joint adhesive at the

Contract price of measure will be compensation in full for all costs of furnishing and applying the material

as specified.

Item No. Item Unit2331.603 JOINT ADHESIVE L F

2357 BITUMINOUS TACK COAT

The provisions of MnDOT 2357 are modified and/or supplemented as follows:

2357.5 BASIS OF PAYMENT

Item No. Item Unit2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL

2360 PLANT MIXED ASPHALT PAVEMENT (MSCR)

The provisions of MnDOT 2360 are modified and/or supplemented as follows:

2360.1 DESCRIPTION

Delete MnDOT Table 2360-2 and replace with:

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

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CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 7

Table 2360-2PG Asphalt Grades MSCR

Letter PG Grade MSCR

A PG 52S – 34B PG 58S – 28C PG 58H – 34E PG 58H – 28F PG 58V – 34H PG 58V – 28I PG 58E – 34L PG 64S – 22M PG 49S – 34

Add the following new paragraph to MnDOT 2360.1.A:

Mix Designation Numbers for the bituminous mixtures on this Project are as follows:

TYPE SP 9.5 WEARING COURSE MIX (2,C) SPWEA240C

TYPE SP 12.5 NON WEAR COURSE MIX (2,C) SPNWB230C

2360.2 MATERIALS

Delete MnDOT 2360.2.B and replace with:

B Asphalt Binder Material

Only use Performance Graded (PG) Asphalt Binder meeting the requirements of AASHTO M 332, Table 3151-1A below, and the Combined State Binder Group Method of Acceptance for Asphalt Binder, available on the Asphalt Products page of the Approved/Qualified Products List.

Table 3151-1AMulti Stress Creep Recovery (MSCR) Test Requirements

Grade*Binder Code for 2360 Mix Design

[email protected],maximum

%R @ 3.2kPa, min.** Jnr Difference, max***

PG 58S-28 B 4.5 N/A 75 %

PG 58H-28 E 2.0 30 % 75 %

PG 58V-28 H 1.0 55 % 75 %

PG58E-28 0.5 75 % 75 %

PG58S-34 4.5 N/A 75 %

PG58H-34 C 2.0 30 % 75 %

PG58V-34 F 1.0 55 % 75 %

PG58E-34 I 0.5 75 % 75 %

PG49S-34 M 4.5 N/A 75 %

PG52S-34 A 4.5 N/A 75 %

PG64S-22 L 4.5 N/A 75 %

* LTPP Bind temperature for Minnesota is 58°C for the high PG Binder Grade temperature. The bottom three grades are special use binders and are to be tested at the high temperature indicated by the grade (example: PG 49S-34 is tested @ 49C).

** Use in place of Appendix X1 in AASHTO - M332.*** Jnr Difference is waived for “S, H, V, and E” grade binders. The test value should be reported for information only.

Use asphalt binder supplier recommendations for mixing and compaction temperatures.

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The first paragraph of MnDOT 2360.2.G.4.b Sampling and Testing is revised as shown below:

Take QC samples at random tonnage or locations, quartered from a larger sample of mixture. Sample randomly and in accordance with the Schedule of Materials Control. Determine random numbers and tonnage or locations using the Bituminous Manual; Section 5-693.7 Table A or ASTM D 3665, Section 5, or, an Engineer approved alternate method of random number generation. Sample either behind the paver or from the truck box at the plant site. Other sampling locations can be approved by the Engineer. The Contractor must decide and notify the Engineer where samples will be taken before production begins. The Contractor and Engineer must both agree to a change of sampling location once production has begun. Sample mixture from behind the paver. Sampling from the truck box at the plant site is not allowed unless approved by the Engineer. In addition to the QC sample, the Contractor will also bring an additional split of the mixture sample to the plant site and store for the Department for 10 calendar days. The procedure for truck box sampling is on the Bituminous Office website. The Contractor will obtain at least a 130 pound [60 kg] sample. Split the sample in the presence of the Inspector. The Inspector will retain possession of the Agency portion of each split sample and randomly submit a minimum of one (1) sample, on a daily basis, to the District Laboratory for Verification testing (see 2360.2.G.3). Store compacted mixture specimens and loose mixture companion samples for ten (10) calendar days. Label these split companion samples with companion numbers.

2360.3 CONSTRUCTION REQUIREMENTS

The first paragraph of MnDOT 2360.3.D.1 is hereby deleted and replaced with the following:

D.1 Maximum Density

Compact the pavement to at least the minimum required maximum density values in accordance with Table 2360-19, “Required Minimum Lot Density (Mat)”.

MnDOT Table 2360-20 Longitudinal Joint Density Requirement is hereby deleted.

MnDOT 2360.3.D.1.h Mat Density Cores is hereby deleted.

MnDOT 2360.3.D.1.n Longitudinal Joint Density is hereby deleted.

MnDOT 2360.3.D.1.p Shoulders is hereby deleted.

MnDOT Table 2360-24 Payment Schedule for Longitudinal Joint Density 4% Void is hereby deleted.

MnDOT Table 2360-25 Payment Schedule for Longitudinal Joint Density 3% Void is hereby deleted.

MnDOT 2360.3.D.1.r Pay Factor Determination is hereby deleted.

MnDOT Table 2360-27 Surface Requirements is replaced with the following:

Table 2360-27Surface Requirements

Course/Location Description Tolerance

Leveling/1st lift using automatics

Tolerance also applies to 1st lift placed other than leveling when automatics are used.

½ in

WearTolerance of final 2 lifts from the edge of a 10-foot straightedge laid parallel to or at right angles to the centerline.

¼ in

Shoulder Wear, Temporary Wear & bypasses

Tolerance from the edge of a 10-foot straightedge laid parallel to or at right angles to the centerline.

¼ in

Transverse joints/construction joints

Tolerance from the edge of a 10-foot straightedge centered longitudinally across the transverse joint. Correction by diamond grinding required unless the Engineer and the Contractor agree to a deduct of $1,500.

¼ in

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Table 2360-27Surface Requirements

Course/Location Description Tolerance

20 ft. pavement section excluded from IRI and ALR testing in Table 2399-3.

Tolerance from the edge of a 10-foot straightedge placed parallel to or at right angles to centerline. Corrective Works required unless both the Engineer and the Contractor agree to a deduct of $1,500 per lane.

¼ in

Transverse SlopeTolerance for surface of each lift exclusive of final shoulder wear.

Not to vary by more than 0.4 % from

plans.

Distance from edge of each lift and established centerline.

No less than the plan distance or more than 3 inches greater than the plan distance. The edge alignment of the wearing lift on tangent sections and on curve sections of 3 degrees or less can’t deviate from the established alignment by more than 1 inch in any 25-foot section.

See Description

Final wear adjacent to concrete pavements.

After compaction the final lift wear adjacent to concrete pavements must be slightly higher but not to exceed 1/4 inch than the concrete surface.

See Description

Final wear adjacent to fixed structures.

After compaction the final lift wear adjacent to gutters, manholes, pavement headers, or other fixed structures must be slightly higher but not to exceed 1/4 inch than the surface of the structure.

See Description

Finished surface of each lift. *

Must be free of segregated and open and torn sections and deleterious material. *Excluding tight blade and scratch courses.

See Description

Delete the last paragraph of MnDOT 2360.3.E. Surface smoothness of the plant mixed asphalt pavement will not be evaluated using MnDOT 2399.

2360.5 BASIS OF PAYMENT

The Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required as Quality Control (QC). The Owner shall be responsible for all inspections and tests required as Quality Assurance (QA).

Payment will be made based on the following schedule:

Item No. Item Unit2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,C) TON2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (2,C) TON

2451 (CEAM 2600) STRUCTURE EXCAVATIONS AND BACKFILLS

The provisions of MnDOT 2451 shall apply, in addition to the provisions of CEAM 2600, Trench Excavation and Backfill/Surface Restoration, which are modified and/or supplemented as follows:

2451.2 (CEAM 2600.2) MATERIALS

The provisions of CEAM 2600.2 are modified and/or supplemented as follows:

A.1 Granular Material Gradation Classifications

Bedding and encasement materials, unless noted otherwise, shall meet the requirements of MnDOT 3149.2.B.1 except that 100% by weight shall pass the one inch (1”) sieve.

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2451.3 (CEAM 2600.3) CONSTRUCTION REQUIREMENTS

The provisions of CEAM 2600.3 are modified and/or supplemented as follows:

E Pipeline Backfilling Operations

If insufficient suitable materials are available to complete backfilling, excess suitable materials from other areas of the project may be used to complete the work, as directed by the Engineer.

Granular foundation, bedding, and encasement materials shall be placed around all pipe within areas of rock excavation.

Bedding as specified within the CEAM Standard Specifications and shall be used for all ductile iron pipe (DIP) and reinforced concrete pipe (RCP) installations unless otherwise called for in the drawings or directed by the Engineer.

Backfilling above the encasement zone shall comply with the general requirements specified in 2600.3.E and the following:

1) Backfill within the roadbed or building pad areas shall be placed in accordance with MnDOT 2105.3.E and shall be compacted to Specified Density Requirements in accordance with MnDOT 2105.3.F.1.

2) Backfill not within the roadbed or building pad areas shall be compacted to ninety-five percent (95%) of maximum density (MnDOT Standard Proctor).

3) Maximum backfill lift thicknesses may be increased or decreased by authority and at the discretion of the Engineer in consideration of material type, material disposition, or the demonstrated capability of compaction equipment.

4) The Engineer shall have full authority to suspend backfill operations until the preceding lift of backfill has been determined by the Engineer to be fully compacted and a passing compaction test has been taken. No additional compensation for lost time shall be made if backfill operations are suspended by the Engineer for the purposes of determining adequate trench backfill compaction.

2451.5 (CEAM 2600.5) BASIS OF PAYMENT

Furnishing and placing of granular materials for foundation, bedding, cover or backfill placement as specified in connection with pipe or structure items shall be incidental to the pipe or structure item without any direct compensation being made.

The provisions of CEAM 2600.5 are supplemented with the following:

For all utility work, granular foundation material (including 1 ½-inch clear rock) may be used in conjunction with or in lieu of dewatering. Any use of granular foundation material or other material to maintain a dry trench or improve the pipe foundation shall be considered incidental with no additional compensation.

2503 PIPE SEWERS

The provisions of MnDOT 2503 are modified and/or supplemented as follows:2503.3 CONSTRUCTION REQUIREMENTS

G Clean Pipe Sewer

Any accumulated sediment found within the pipe culvert or downstream of the pipe outlet shall be removed and disposed of by the Contractor. The Contractor is also responsible for jetting the pipe and restoring the areas that were disturbed with sediment removal or by accessing the pipe.

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2503.4 METHOD OF MEASUREMENT

The method of measurement shall be measured per foot of pipe, flared end section and associated downstream area cleaned

2503.5 BASIS OF PAYMENT

Payment for clean pipe sewer shall be at the appropriate Contract prices per unit of measure and will be compensation in full for all costs of materials, equipment, labor, and cleaning.

Payment will be made based on the following schedule:

Item No. Item Unit2503.603 CLEAN PIPE SEWER L F

2504 (CEAM 2611) WATERMAIN

The provisions of CEAM 2611, Standard Specifications for Watermain and Service Line Installation are

modified and/or supplemented as follows:

2504.2 (CEAM 2611.2) MATERIALS

The provisions of CEAM 2611.2 are modified and/or supplemented as follows:

All watermain materials, including but not limited to ductile iron pipe and fittings, hydrants, valve boxes, gate valves, and retainer glands and bolts shall be manufactured and produced in the United States.

A.1 Ductile Iron Pipe and Ductile Iron and Gray Iron Fittings

Ductile iron pipe shall be mechanical joint, Class 50 for twelve inch (12”) and larger diameter, and Class 52 for ten inch (10”) and smaller diameter. All ductile iron pipe shall have polyethylene encasement in accordance with AWWA C105.

All fittings for watermain shall be mechanical joint, Class 350, Ductile Iron Compact Fittings in accordance with AWWA C153. Fittings shall be furnished with fusion bonded epoxy external coating in accordance with AWWA C550 and C116, 6-8 mil nominal thickness.

All nuts and bolts shall be Cor-Blue t-head bolts or an approved equal. All tie rod restraints and corresponding nuts shall be coated with an approved rust-proofing material.

E Disinfection of Watermains

Where an existing watermain is cut for the installation of any fitting, the pipe and fittingsproposed to be installed shall be disinfected prior to installation as follows:

(1) The interior of the pipe and fittings shall be cleaned of all dirt and foreign material.(2) The interior of the pipe and fittings shall be thoroughly swabbed or sprayed with aone percent (1%) minimum hypochlorite solution.

Unless otherwise indicated in the Plans, Specifications, and Special Provisions, the Contractorshall furnish all materials and perform the disinfecting, flushing, and testing as necessary formeeting the water quality requirements.

The flushing operations and the form of chlorine and method of application to be used shall besubject to approval by the Engineer.

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F Mechanical Joint Restraints

All restraints shall be fusion bonded epoxy coated on the inside and outside according to ANSI/AWWA C550 and C116/A21.16. All bolts and fasteners are to be stainless steel or Cor-Blue t-head bolts.

Retainer glands shall be ductile iron designed to withstand the same pressures as the watermain pipe and fittings. Retainer glands shall be by American, US Pipe or Mega-Lug type and shall be used at all changes in direction and at all fittings and valves. This shall be considered included in the cost of the watermain pipe.

Add the following new paragraphs to CEAM 2611.2:

J Polystyrene Insulation

Insulation board shall be rigid expanded polystyrene, conforming to the material requirements of CEAM 2600.2B. Placement of insulation shall be in accordance with the requirements of CEAM 2600.3.D.

2504.3 (CEAM 2611.3) CONSTRUCTION REQUIREMENTS

The provisions of CEAM 2611.3 are modified and/or supplemented with the following:

Dewatering to maintain pipe trenches free of water shall be considered incidental.

Notify the Engineer and the Owner at least seventy-two (72) hours prior to connecting to existing watermain. All residents who will be affected by shutting off water service shall be given a minimum of twenty-four (24) hour notice in writing as to when, and for how long, service will be interrupted. Temporary water shutoffs shall not exceed four (4) hours in duration and shall only occur between the hours of 9:00 a.m. and 3:00 p.m. Monday through Friday, unless otherwise specified in the Contract. The Contractor shall at all times coordinate work with the Engineer and the Owner.

The City will operate, close, or open valves as needed to isolate the watermain repair area.

2504.4 (CEAM 2611.4) METHOD OF MEASUREMENT

The provisions of CEAM 2611.4 are modified and/or supplemented with the following:

H Ductile and Gray Iron FittingsDuctile Iron compact fittings (AWWA C-153) shall be measured by the pound. (See Appendix for

Fitting Weights table.)

Add the following new paragraph to CEAM 2611.4:

K Insulation

Insulation shall be measured on a square yard basis installed to the specified thickness, and shall include all materials, equipment, and labor required for placement.

2504.5 (CEAM 2611.5) BASIS OF PAYMENT

Payment will be made based on the following schedule:

Item No. Item Unit2504.602 CONNECT TO EXISTING WATER MAIN EACH2504.603 20” WATERMAIN DUCTILE IRON CL 50 L F2504.604 4” POLYSTYRENE INSULATION S Y2504.608 DUCTILE IRON FITTINGS LB

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2505 UTILITY COORDINATION

2505.1 DESCRIPTION

The Contractor shall coordinate his/her activities with the activities of all “private” utility (natural gas, power, phone, etc.) owners present within the project limits. Coordination will include any delays associated with scheduling conflicts, fees charged by utility owners for construction services, and all time necessary to communicate and work with utility owners within the project limits.

The plans show only known underground utilities (including public utilities) and the locations are approximate. No assurance is given that additional underground facilities do not exist. The Contractor shall make his/her own investigation to determine to what extent existing utilities shall affect his/her work.

In the event a private or public utility is to be relocated by Others, the Contractor shall coordinate their work directly with the private or public utility.

2505.4 METHOD OF MEASUREMENT

No measurement will be made of the various items that constitute Utility Coordination.

2505.5 BASIS OF PAYMENT

All such work shall be considered incidental to the Project, with no additional compensation.

2511 RIPRAP

The provisions of MnDOT 2511 are modified and/or supplemented with the following:

2511.4 METHOD OF MEASUREMENT

B Filter Materials

No separate measurement shall be made for filter material/geotextile fabric. Filter materials and geotextile fabric shall be considered included with the installation of the riprap.

2511.5 BASIS OF PAYMENT

The bid unit price for riprap of each type and class includes the cost of providing the materials, excavating, and preparing the foundations, placing the riprap stone, and providing and placing the filter materials as required by the contract.

Payment will be made based on the following schedule:

Item No. Item Unit2511.507 RANDOM RIPRAP CLASS III C Y

2572 PROTECTION AND RESTORATION OF VEGETATION

The provisions of MnDOT 2572 are modified and/or supplemented with the following:

2572.3 CONSTRUCTION REQUIREMENTS

A Protecting and Preserving

Any trees or shrubs not designated for removal shall be fully protected by the Contractor during construction. Any trees or shrubs removed or damaged by the Contractor, which were not designated for removal, will be replaced at the Contractor’s expense.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

CITY OF MINNETRISTA, MN SPECIFICATIONS

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 14

2572.5 BASIS OF PAYMENT

All work under this section shall be considered incidental to the contract with no additional compensation allowed unless provided for in the Bid Form.

2573 STORM WATER MANAGEMENT

The provisions of MnDOT 2573 are modified and/or supplemented with the following:

2573.1 DESCRIPTION

The Contractor will be required to comply with NPDES General Storm Water Permit regulations to prevent erodible materials from leaving the site, even if such permit is not required due to the project scope, size or location.

2573.2 MATERIALS

BMP devices shall be a MnDOT approved product. The Contractor shall verify with the Engineer prior to installation that the proposed BMP device is suitable for prevention of soil and sediment erosion in the field.

2573.3 CONSTRUCTION REQUIREMENTS

The Contractor shall be responsible for the maintenance of all-temporary erosion and sediment control measures. These measures shall be repaired, replaced, or supplemented as set forth in the NPDES General Storm Water Permit.

If the Contractor fails to provide maintenance of the temporary erosion and sediment control measures as set forth in the NPDES permit requirements, the Engineer shall have the authority under the terms of this contract to hire the work done and deduct the costs incurred from the amounts due to the Contractor.

2573.5 BASIS OF PAYMENT

Payment will be made based on the following schedule:

Item No. Item Unit2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F

2574 SOIL PREPARATION

The provisions of MnDOT 2574 are modified and/or supplemented with the following:

2574.3 CONSTRUCTION REQUIREMENTS

C Topsoil

Before beginning the embankment and excavation operations, topsoil shall be stripped and stockpiled for re-spreading upon the graded area.

The topsoil shall be free from roots, stick, chunks of miscellaneous debris, rocks larger than one inch (1”), and garbage. Topsoil placement shall be approved by the Engineer prior to installation.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

CITY OF MINNETRISTA, MN SPECIFICATIONS

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 15

2574.4 METHOD OF MEASUREMENT

E Topsoil Borrow

Topsoil borrow is not anticipated and shall be imported only at the direction of the Engineer. Load tickets will be required for payment.

2575.5 BASIS OF PAYMENT

Payment will be made based on the following schedule:

Item No. Item Unit2574.508 FERTILIZER TYPE 1 LB

2575 ESTABLISHING TURF AND CONTROLLING EROSION

The provisions of MnDOT 2575 are modified and/or supplemented with the following:

2575.1 DESCRIPTIONAll disturbed areas within the project shall be seeded to an equal or better condition to that which

was in place prior to construction and as directed by the Engineer. All exposed areas of the site shall receive seed and erosion control blanket within one (2) weeks after final grade on slopes flatter than 3:1 and one (1) week on slopes steeper than 3:1. Restoration may include areas outside of the construction limits as determined by the Engineer. If bituminous base is placed, the final turf establishment shall be installed within two (2) weeks of bituminous placement.

All areas adjacent to the roadway disturbed by construction shall be excavated to a depth as specified to allow for placement of topsoil. The Contractor shall import topsoil as necessary to provide for a minimum depth of topsoil specified. All rock, Class 5, debris, and excess concrete shall be removed from the area behind the curb to the satisfaction of the Engineer prior to the placement of topsoil. The Contractor shall cut a clean, square edge and install sod or seed in areas as directed by the Engineer.

2575.3 CONSTRUCTION REQUIREMENTS

A General

Permanent turf establishment shall commence within seven (7) days after finish grading has been completed, unless the NPDES permit requirements specify a more stringent timeline.

K.3 Seed

The Contractor shall be responsible for maintaining seeded areas until accepted by the Owner and the requirements of MnDOT 2575.3.L are met. The Contractor shall be solely responsible for replacement and/or repair of any seeded areas that may wash out, erode, or fail to grow prior to acceptance with no additional compensation therefore.

Add the following new paragraph to MnDOT 2575.3:

R Water (Turf Establishment)

Watering will become the responsibility of the Owner only after the maintenance period (in accordance with MnDOT 2575.3.K) has expired AND final acceptance of the turf (in accordance with MnDOT 2575.3.N) has been obtained. Watering during the maintenance period is considered incidental.

KINGS POINT ROAD WATERMAIN REPAIR PROJECT DIVISION 2

CITY OF MINNETRISTA, MN SPECIFICATIONS

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000 PAGE 16

2575.5 BASIS OF PAYMENT

Payment for Seeding shall be made at the unit price bid and shall include the cost for all materials, labor and equipment necessary to install fertilizer and six inches (6”) of approved top soil.

Payment will be made based on the following schedule:

Item No. Item Unit2575.504 EROSION CONTROL BLANKETS CATEGORY 4N-2S S Y2575.508 SEED MIXTURE 33-261 LB2575.605 SEEDING S Y

KINGS POINT ROAD WATERMAIN REPAIR PROJECT APPENDIX A

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000

APPENDIX A

AWWA C153 COMPACT FITTING WEIGHTS

Size 90° 45° 22 1/2° 11 1/4°

4" 25 22 18 16

6" 39 32 31 30 NOTE:

8" 57 46 46 42 DO NOT use 90° bends.

10" 89 70 64 58 Use (2) 45° bends.

12" 108 86 80 67

14" 210 160 136 93

16" 264 202 172 148

18" 335 250 255 205

20" 400 305 310 245

24" 565 405 412 315

Size 4" 6" 8" 10" 12" 14" 16" 18" 20" 24"

4" 32

6" 46 56

8" 60 72 86

10" 78 90 105 120

12" 94 110 125 140 160

14" 172 182 206 228 234 280

16" 228 248 264 280 316 322

18" 275 295 315 335 380 405 435

20" 315 345 370 395 440 465 505 535

24" 415 445 470 500 550 580 625 660 720

Size 4" 6" 8" 10" 12" 14" 16" 18" 20" 24"

4" 40

6" 68 75

8" 90 108 105

10" 98 118 138 145

12" 100 140 162 190 213

14" 162 181 259 223 244 299

16" 250 289 345 397 333 385

18" 260 282 308 384 630

20" 306 341 370 392 451 634 547 605

24" 403 431 465 494 553 714 809 830

Size 4" 6" 8" 10" 12" 14" 16" 18" 20" 24"

6" 32

8" 43 54

10" 61 64 62

12" 82 85 82 82

14" 108 104 100 100

16" 136 132 128 125 140

18" 194 196 185 190 190 196

20" 225 210 208 225 233

24" 310 315 324 312 315

Size Short Long Size Size

4" 17 20 4" 9 4" 10

6" 28 33 6" 15 6" 16

8" 38 46 8" 22 8" 26

10" 49 62 10" 32 10" 36

12" 56 76 12" 42 12" 46

14" 111 140 14" 66 14" 75

16" 123 170 16" 92 16" 95

18" 160 200 18" 114 18" 121

20" 195 255 20" 125 20" 135

24" 225 335 24" 166 24" 175

CAPS (MJ) FLAT PLUGS (MJ) FLAT

Ductile Iron Mechanical Joint Compact Fittings

Weight in Pounds per AWWA C153

BENDS (MJ-MJ)

TEES (MJ-MJ)

CROSSES (MJ-MJ)

REDUCERS (MJ-MJ)

SOLID SLEEVES (MJ)

KINGS POINT ROAD WATERMAIN REPAIR PROJECT APPENDIX B

CITY OF MINNETRISTA, MN

CITY PROJECT NO. 04-19

WSB PROJECT NO. R-013236-000

APPENDIX B

WATER SYSTEM GIS MAP

Minnetrista, Hennepin | © WSB & Associates 2013

Valve Manhole

Water Hydrants

Water SystemValves

Gate

Water NetworkStructures

Well

Water Tower

Water FittingsCorporationStop

Cross

Tee

Water CurbStop Valves

Water Mains

Water LateralLines

August 19, 2019Map Powered by DataLink from WSB & Associates

1 inch = 188 feet

County R

oad 44

Kin

gs P

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Oak R

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Bracken Dr

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KINGS POINT ROAD WATERMAIN

REPAIR PROJECT

WATERMAIN REPAIR AND STREET SECTION RECONSTRUCTION

CONSTRUCTION PLAN FOR

LOCATED ON KINGS POINT ROAD FROM 320' NORTH BIG WOODS DRTO 800' NORTH BIG WOODS DR

PROJECT LOCATION MAP

EXISTING PLAN SYMBOLS

EXISTING UTILITY SYMBOLS

THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE

GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA."

GOPHER ONE CALL TICKET NUMBER: 192080066

APPROVED BYSHEET NO.DATE

PLAN REVISIONS

ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES

WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT.

THIS PLAN SET CONTAINS 5 SHEETS

I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER

MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL

ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.

LICENSE NUMBER:

DATE:09/03/19

54787

ADAM GADBOIS, PE

SHEET

5

OF

WSB PROJ. NO. 013236-000

PROJECT LOCATION

1

THIS PLAN SET HAS BEEN PREPARED FOR:

A CALL TO GOPHER STATE ONE (651-454-0002)

IS REQUIRED A MINIMUM OF 48 HOURS PRIOR

TO PERFORMING ANY EXCAVATION.

EXCAVATION NOTICE SYSTEM

PLAN SET INDEX

UTILITY INFORMATION

CITY OF MINNETRISTA

F/O

UGT

G

PROPERTY LINES/RIGHT-OF-WAY

UTILITY EASEMENT

TREE LINE

SIGN

DECIDUOUS TREE

SHRUB

CONIFEROUS TREE

FIBER OPTIC CABLE

UNDERGROUND TELEPHONE

GAS LINE

CATV VAULT

CATCH BASIN

STORM APRON

OH

OVERHEAD COMMUNICATIONS LINE

OHE

OVERHEAD POWER

WATER MAIN

SANITARY SEWER

STORM SEWER

COUNTY: HENNEPIN

PROJECT LOCATION

GOVERNING SPECIFICATIONS

CITY OF MINNETRISTA

7701 CO RD 110 W

MINNETRISTA, MN 55364

(952) 466-1660

THIS WORK SHALL BE DONE IN ACCORDANCE WITH THE 2018 EDITION OF THE

CITY OF MINNETRISTA "GENERAL SPECIFICATIONS AND STANDARD DETAIL

PLATES FOR STREET AND UTILITY CONSTRUCTION".

THE 2018 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION

"STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. ALL

UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY

ENGINEER'S ASSOCIATION OF MINNESOTA STANDARD UTILITIES

SPECIFICATIONS (2013).

ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF

THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, INCLUDING

THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE

LAYOUTS.

NOTE: EXISTING UTILITIES APPEAR IN LIGHT BLUE WITHIN THE PLAN SET

CITY PROJ. NO. 04-19

1.5" TYPE SP 9.5 WEARING COURSE MIX (2,C) (SPWEA240C)

2357 BITUMINOUS TACK COAT

2" TYPE SP 12.5 NON WEAR COURSE MIX (2,C) (SPNWB230C)

8"AGGREGATE BASE, CLASS 5

INSET A

REPLACEMENT STREET SECTION

33'

ROW

11' 11'

DRIVE

LANE

DRIVE

LANE

INSET A

2%

2%

33'

ROW

1

:3

M

A

X

KINGS POINT ROAD

(N.T.S.)

24" SELECT GRANULAR BORROW

GEOTEXTILE FABRIC TYPE 5

1' SHOULDER1' SHOULDER

MATCH EXISTING

1

:3

M

A

X

MATCH EXISTING

INSET B

6"AGGREGATE BASE, CLASS 2

INSET B

AGGREGATE SHOULDER SECTION

WSB PROJECT NO.:

RE

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SCALE:

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DESIGN BY:

CHECK BY:

AS SHOWN

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MISCELLANEOUS

DETAILS

SHEET

OF

5

2

Date:

Revised:

PLAN

SECTION A-A

SECTION B-B

(ONE CUBIC YARD IS APPROXIMATELY 2,800 LBS.)

12

"

2'

54" AND UP

36" TO 48"

27" TO 33"

12" TO 24"

RIPRAP REQUIREMENTS

8 to 12 CY CL.3

14 to 20 CY CL.3

23 to 38 CY CL.3

62 CY and up CL.4

A

D

2

'

1

4

2

'

1

4

RIPRAP

12

"

GEOTEXTILE FILTER TYPE III

RIPRAP

5D

B

A

B

NOTE

FILTER BLANKET REQUIRED

UNDER RIPRAP OR 2 LAYERS OF

500X MIRAFI FABRIC OR EQUAL.

GEOTEXTILE FILTER TYPE III

FILTER BLANKET (MNDOT 3601.2B)

FILTER BLANKET (MNDOT 3601.2B)

Date:

Revised:

0.7 STAPLES PER SQ. YD.1.15 STAPLES PER SQ. YD.

3.75 STAPLES PER SQ. YD.

4:1 SLOPES

3:1 SLOPES

HIGH FLOW CHANNEL &

SHORELINE

NOTES:

1. PREPARE SOIL BEFORE INSTALLING BLANKETS, TO A SMOOTH GRADE SO THAT BLANKET HAS DIRECT CONTACT WITH SOILS,

INCLUDING ANY NECESSARY APPLICATION OF LIME, FERTILIZER, AND SEED.

2. BEGIN AT THE TOP OF THE SLOPE BY ANCHORING THE BLANKET IN A 6" (15cm) DEEP X 6" (15cm) WIDE TRENCH WITH

APPROXIMATELY 12" (30cm) OF BLANKET EXTENDED BEYOND THE UP-SLOPE PORTION OF THE TRENCH. ANCHOR THE

BLANKET WITH A ROW OF STAPLES/STAKES APPROXIMATELY 12" (30cm) APART IN THE BOTTOM OF THE TRENCH. BACKFILL

AND COMPACT THE TRENCH AFTER STAPLING. APPLY SEED TO COMPACTED SOIL AND FOLD REMAINING 12" (30cm) PORTION

OF BLANKET BACK OVER SEED AND COMPACTED SOIL. SECURE BLANKET OVER COMPACTED SOIL WITH A ROW OF

STAPLES/STAKES SPACED APPROXIMATELY 12" (30cm) APART ACROSS THE WIDTH OF THE BLANKET.

3. ROLL THE BLANKETS (A.) DOWN OR (B.) HORIZONTALLY ACROSS THE SLOPE. BLANKETS WILL UNROLL WITH APPROPRIATE

SIDE AGAINST THE SOIL SURFACE. ALL BLANKETS MUST BE SECURELY FASTENED TO SOIL SURFACE BY PLACING

STAPLES/STAKES IN APPROPRIATE LOCATIONS AS SHOWN IN THE STAPLE PATTERN GUIDE. WHEN USING OPTIONAL DOT

SYSTEM , STAPLES/STAKES SHOULD BE PLACED THROUGH EACH OF THE COLORED DOTS CORRESPONDING TO THE

APPROPRIATE STAPLE PATTERN.

4. THE EDGES OF PARALLEL BLANKETS MUST BE STAPLED WITH APPROXIMATELY 2"-5" (5cm-12.5cm) OVERLAP DEPENDING ON

BLANKET TYPE. TO ENSURE PROPER SEAM ALIGNMENT, PLACE THE EDGE OF THE OVERLAPPING BLANKET (BLANKET BEING

INSTALLED ON TOP) EVEN WITH THE COLORED SEAM STITCH ON THE PREVIOUSLY INSTALLED BLANKET.

5. CONSECUTIVE BLANKETS SPLICED DOWN THE SLOPE MUST BE PLACED END OVER END (SHINGLE STYLE) WITH AN

APPROXIMATE 3" (7.5cm) OVERLAP. STAPLE THROUGH OVERLAPPED AREA, APPROXIMATELY 12" (30cm) APART ACROSS

ENTIRE BLANKET WIDTH.

NOTE:

*IN LOOSE SOIL CONDITIONS, THE USE OF STAPLE OR STAKE LENGTHS GREATER THAN 6" (15cm) MAY BE NECESSARY TO

PROPERLY SECURE THE BLANKETS.

6'

3'

3.3'

6'

1.6'

3'

3.3'

3.3'

4'

10"

20"

10"

3.3'

2"-5"

12"

6"

6"

3"

Date:

Revised:

BIOROLL WEIR

ROCK WEIR

THE NORMAL WETTED PERIMETER OF ANY TEMPORARY OR PERMANENT DRAINAGE DITCH OR

SWALE THAT DRAINS WATER FROM ANY PORTION OF THE CONSTRUCTION SITE, OR DIVERTS

WATER AROUND THE SITE, MUST BE STABILIZED WITHIN 200 LINEAL FEET FROM THE PROPERTY

EDGE, OR FROM THE POINT OF DISCHARGE INTO ANY SURFACE WATER. STABILIZATION OF THE

LAST 200 LINEAL FEET MUST BE COMPLETED WITHIN 24 HOURS AFTER CONNECTING TO A

SURFACE WATER PER NPDES GENERAL PERMIT REQUIREMENTS.

RAPID STABILIZATION METHOD #3 OR #4

SHALL BE USED. SEE DETAIL ERO-25.

SPECIAL NOTE:

F

L

O

W

F

L

O

W

F

L

O

W

Date:

Revised:

BIOROLL

F

L

O

W

STAKE

BIOROLL STAKING DETAIL

POINT

"A"1

FLOW

POINT

"B"

STRAW OR WOOD FIBER

6" TO 7" DIA. ROLL ENCLOSED IN

PLASTIC OR POLYESTER NETTING

45^

8" - 10" EMBEDMENT DEPTH

1" X 2" X 18" LONG WOODEN STAKES AT

1' 0" SPACING MAXIMUM. STAKES SHALL BE

STAKED OVER OF THE BIOROLL AT AN

ANGLE OF 45 DEGREES.

PROVIDE 8" TO 10" OF EMBEDMENT DEPTH.

TYPE 2: BIOROLL DITCH CHECK

USE ON ROUGH GRADED AREAS AND

AREAS WITH HIGHER FLOW TO SLOW

SURFACE WATER DOWN.

2" DEPRESSION

BELOW SURFACE

EXISTING STREET SECTION TO REMAIN

IN-PLACE TO THE GREATEST EXTENT

POSSIBLE. STREET SECTION IMPACTED BY

WATERMAIN REPLACEMENT SHALL BE

REPLACED AS SHOWN. GEOTEXTILE FABRIC

SHALL BE OVERLAPPED BY 1' MINIMUM.

12"

12"

10"

18"

14"

10"

14"

4"

16"

10"

14"

4"

4"

24"

14"

20"

16"

10"

8"

4"

4"

8"

14"

18"

14"

8"

14"

20"

G

G

G

G

9

6

5

9

6

5

9

6

6

9

6

7

9

6

8

9

6

9

9

6

5

970

9

6

2

9

6

3

9

6

4

9

6

6

967

968

969

971

9

7

2

970

9

6

7

968

969

GGGG

G G G G

F/OF/O

F/O

F/O

F/O

F/O F/O F/O F/O F/O F/O F/O

COMCOM

COMCOM

COM

COM

COM

COM

COM

COM

COM

COM

OHE

OHE

OHE

OHE

OHE

OHE

OHE

OHE

OHE

OHE

OHE

OHE

OHE

1+00

2+00

3+00

WM RM WM RM

REMOVE BITUMINOUS PAVEMENT

REMOVE WATERMAIN

REMOVE TREE

LEGEND

WM RM

SALVAGE & REINSTALL AGGREGATE

DRIVEWAY PAVEMENT

KINGS POINT ROAD

SCALE IN FEET

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SOIL IS INCIDENTAL TO THE EROSION CONTROL

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PROTECT EXISTING TREES, MODIFY FOOTPRINT OF RIPRAP AS NECESSARY.

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INSTALL 7 CY CL III RIPRAP OVER EXISTING RIPRAP

CLEAN 97 LF - 36" PIPE SEWER

INSTALL 3.5 CY CL III RIPRAP ALONG EXISTING

SWALE FROM DRIVEWAY CULVERT TO 36" FES

RESOLUTION NO. 111-19

CITY OF MINNETRISTA

HENNEPIN COUNTY, MINNESOTA

A RESOLUTION AUTHORIZING SOLICITATION OF QUOTES FOR THE KINGS

POINT ROAD WATERMAIN REPAIR PROJECT

WHEREAS there was a break in the watermain within Kings Point Road near the Big WoodsDrive intersection earlier this year, and

WHEREAS due to the size of the watermain a permanent repair is recommended, and

WHEREAS street repairs associated with the watermain repair are necessary;

NOW THEREFORE, BE IT RESOLVED by the City Council of Minnetrista, Minnesota, toauthorize solicitation of quotes for the Kings Point Road Watermain Repair Project, CityProject No. 04-19.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd day ofSeptember, 2019, by a vote of Ayes and Nays.

Lisa Whalen, MayorATTEST:

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

BUSINESS / DISCUSSION ITEM

Subject: Award of 3-year contract for rental uniform and shop towel services for

Public Works with Cintas Corporation

Prepared By: Gary Peters, Public Works Superintendent

Meeting Date: September 3, 2019

Issue:

The City of Minnetrista currently has no contract for rental uniform and shop towel service for the Public Works

employees.

Background:

The City of Minnetrista contracts out services for the Public Works employee uniforms and shop towels.

AmeriPride has been this vendor for the past several years and currently is not under a contract for this service,

and the City is paying a week by week charge. They were recently bought out by Aramark Uniforms & Apparel,

and service has waned. Staff asked three vendors for quotes on these services. Vendors were asked to provide

quotes for jeans, shirts, jackets and coveralls for eight fulltime Public Works employees, as well as shop towels

for the service/repair area. They were also asked to provide pricing for at least three years. All three vendors

responded with quotes, including what their maximum yearly percentage increase could be. Two vendors

submitted a maximum increase of no more than 6% each year, with one contractor holding the price for two

years with a maximum increase of 3.5% in year three. These are numbers were used to calculate total contract

pricing.

Discussion:

The vendor recommended to award the 3-year rental uniform and shop towel services contract starting October

1, 2019 and running through September 30, 2022 is Cintas Corporation of Maple Grove, MN. This would be at a

cost of $4,492.80 for year 1, a maximum cost of no more than $4,762.16 for year 2 and a maximum cost of no

more than $5,047.64 for year 3, for a total 3-year contract price of $14,302.60. The costs for years two and three

reflect a maximum increase of no more than 6%.

Fiscal Impact:

A short summary of quotations received is shown:

VENDOR NAME 9/1/19 – 8/31/20

Price 9/1/20 – 8/31/21

Price 9/1/21 – 8/31/22

Price 3-year Contract

Total

City Laundering Company $104.71/wk

($5,444.92/yr) $104.71/wk

($5,444.92/yr) $108.37/wk

($5,635.24/yr) $16,525.08

AmeriPride $86.67/wk

($4,506.84/yr) $91.87/wk

($4,777.25/yr) $97.38/wk

($5,063.89/yr) $14,347.98

Cintas Corporation $86.40/wk

($4,492.80/yr) $91.58/wk

($4,762.16/yr) $97.07/wk

($5,047.64 /yr) $14,302.60

Recommended City Council Action: Motion to adopt Resolution No. 112-19 awarding a three-year rental

uniform and shop towel services contract with Cintas Corporation starting October 1, 2019 and running through

September 30, 2022 at a total maximum 3-year contract price of $14,302.60.

Does Recommended Action meet City Mission Statement? Yes No

Does Recommended Action meet City Goals/Priorities? Yes No

Item 6e

RESOLUTION NO. 112-19

CITY OF MINNETRISTA

HENNEPIN COUNTY, MINNESOTA

RESOLUTION APPROVING A 3-YEAR AGREEMENT FOR RENTAL

UNIFORM AND SHOP TOWEL SERVICES FOR PUBLIC WORKS

WHEREAS, The City of Minnetrista has a need to enter into a 3-year agreement for

rental uniform and shop towel services, and wishes to contract with Cintas Corporation of

Maple Grove, MN for its rental uniform and shop towel services;

WHEREAS, The City received the lowest quotation from Cintas Corporation for rental

uniform and shop towel services from amongst three vendors solicited, summary attached

hereto.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE

CITY OF MINNETRISTA, this 3-year service agreement is hereby executed with the

intent of hiring Cintas Corporation for rental uniform and shop towel services from October

1, 2019 through September 30, 2022.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd

day of September, 2019, by a vote of ______Ayes and______Nays.

_________________________

Lisa Whalen, Mayor

ATTEST:

___________________________

Kris Linquist, City Clerk

(seal)

AGREEMENT FOR 3-YEAR RENTAL UNIFORM & SHOP TOWEL SERVICES

FOR PUBLIC WORKS

This Agreement is made this 3rd day of September, 2019, by and between Cintas Corporation of

Maple Grove, a Minnesota company (“Contractor”) and the City of Minnetrista, a Minnesota municipal

corporation (“City”).

Recitals

WHEREAS, The City has a need to enter into an agreement for rental uniform and shop towel services; and

WHEREAS, the Contractor provided the lowest quotation price amongst the three vendors providing quotes,

and who has the professional expertise and equipment to perform such duties for the City; and

WHEREAS, the City and the Contractor wish to define the scope of services and terms of their agreement;

and

NOW, THEREFORE, the City and the Contractor agree as follows:

Terms

1.0 SCOPE OF SERVICES

Contractor will provide weekly rental uniforms for Public Works employees and shop towels as

follows:

11 pairs of jeans for each of eight (8) Public Works employees

11 short sleeve shirts for each of eight (8) Public Works employees

2 jackets for each of three 3 designated Public Works employees

2 coveralls for each of three 3 designated Public Works employees

50 shop towels

50 microfiber towels

30 bath/detail towels

Contractor will provide weekly delivery of clean uniforms and shop towels, as well as the weekly

collection of soiled uniforms and shop towels. Contractor will have uniforms and towels

delivered/collected by 3 pm on an agreed upon day of the week. This date to be arranged with the

City’s Public Works department through the Public Works Superintendent, Gary Peters.

2.0. TERMS

Contract will commence October 1, 2019 and the term of this contract will terminate on September

30, 2022. Either party may terminate this Agreement for any reason with a thirty (30) day written

notice to the other party.

3.0 COMPENSATION

The City will compensate the Contractor in the amount of $86.40/week ($4,492.80/year) from

October 1, 2019 through September 30, 2020; a maximum of $91.58/week ($4,762.16/year) from

October 1, 2020 through September 30, 2021; and maximum of $97.07/week ($5,047.64/year) from

October 1, 2021 through September 30, 2022. The contractor will bill the City of Minnetrista on a

monthly basis. Any other uniform needs (addition or subtraction), shop towels or changes in contract

will be quoted and approved before commencement of service.

4.0. INDEPENDENT CONTRACTOR

Both the Contractor and the City acknowledge and agree that Contractor is an independent contractor

and not an employee of the City. Any employee or subcontractor who may perform services for

Contractor in connection with this Agreement is also not an employee of the City. The Contractor

understands that the City will not provide any benefits of any type in connection with this

Agreement, including but not limited to health or medical insurance, worker’s compensation

insurance and unemployment insurance, nor will the City withhold any state or federal taxes,

including income or payroll taxes, which may be payable by the Contractor.

The Contractor will supply and use its own equipment and tools to complete the services under this

Agreement

The Contractor acknowledges that any general instruction it receives from the City has no effect on

its status as an independent contractor.

5.0 INSURANCE

The Contractor will maintain adequate insurance during the entire contact term to protect itself and

the City from claims and liability for injury or damage to persons or property for all work performed

by the Contractor and its respective employees or agents under this Agreement. The Contractor shall

name the City as an additional insured under its commercial general liability policy in limits

acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall

provide evidence to the City that acceptable insurance coverage is effective.

6.0 WORKER’S COMPENSATION

The Contractor will provide its own worker’s compensation insurance and provide evidence to the

City of such coverage before providing services under this Agreement.

7.0 INDEMNIFICATION

The Contractor will hold harmless and indemnify the City, its officers, employees, and agents,

against any and all claims, losses, liabilities, damages, costs and expenses (including defense,

settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property

damages and any other damages arising out of the Contractor’s performance under this Agreement.

8.0 APPLICABLE LAW

The execution, interpretation, and performance of this Agreement will, in all respects, be controlled

and governed by the laws of Minnesota.

9.0 ASSIGNMENT

The Contractor may not assign this Agreement or procure the services of another individual or

company to provide services under this Agreement without first obtaining the express written consent

of the City.

10.0 ENTIRE AGREEMENT; AMENDMENTS

This Agreement constitutes the entire Agreement between the parties, and no other agreement prior

to or contemporaneous with this Agreement shall be effective, except as expressly set forth or

incorporated herein. Any purported amendment to this Agreement is not effective unless it is in

writing and executed by both parties

11.0 NO WAIVER BY CITY

By entering into this Agreement, the City does not waive its entitlement to any immunities under

statute or common law.

12.0 BACKGROUND CHECKS

The City may perform background checks, in accordance with state law, on any of the Contractor’s

employees who provide service to the City.

13.0 SEVERABILITY

Should any part or portion of this Agreement be deemed illegal or non-binding by a court of law, the

remainder of the Agreement shall remain in effect.

14.0 TERMINATION. Either party may terminate this Agreement until end dates stipulated in

Agreement, or until either party provides written notice to the other at least thirty (30) days prior to

the desired termination date.

15.0 CONFIDENTIALITY/DATA PRACTICES. Under no circumstances may the Contractor, or any of

its employees, agents or personnel, provide information or data to anyone outside of what is

described in this Agreement without written permission from the City of Minnetrista. The books,

records, documents, and accounting procedures of the Contractor, relevant to this Agreement are

subject to examination by the City, and either the legislative or State Auditor as appropriate, pursuant

to Minnesota Statute Section 16C.05, subdivision 5. The Contractor shall comply with all applicable

provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written

above.

City of Minnetrista

By: By:

Its: Mayor Lisa Whalen Its: City Clerk Kris Linquist

Cintas Corporation

By:

Its:

_____________________________________________________________________________ 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:

Request for Approving Computer Work Station purchases

Michael Barone, City Administrator

September 3, 2019

Issue This agenda item is to request the approval of the purchase of 20 work stations (5 laptops with docking stations and 15 desktops) for both Public Safety and City Hall. Earlier this year, Microsoft announced that Windows 7 operating system is reaching “end of life”, and the City, through Loffler IT services, will no longer be able to provide technical support, software updates, security updates and fixes to support these workstations, which creates a huge security risk. Also, these computers are quite old and are in need of replacement from that standpoint, as well.

Background The Windows 7 operating system expires fully on January 14, 2020. Windows 7 was launched in July 2009, making that OS now a decade old. Currently 40% of all computers in the U.S. still use Windows 7, so this “end of life” issue is impacting a lot of homes and businesses throughout the US. Loffler has encouraged the City of Minnetrista not to wait until the last minute to remove Windows 7 work stations from our environment. Loffler IT Services is about 6-8 weeks out on purchases and installations for new work stations for their customers. This purchase will eliminate all Windows 7 based computers from our IT environment.

As mentioned earlier, the computers being replaced are old, average 5.61 years in age (which is 5 years and 7 months) - see spreadsheet included with this Agenda item. The city wants to fully maintain our maximum cyber security, and not having Windows 7 work stations will help keep the opportunity of the city being a malware or ransomware target to a minimum.

Costs We have generally budgeted $15,000 for general IT-based needs in a given year. We purchased 7 computers in 2018, and none so far in 2019, which means we have approximately $5,000 in funds remaining from the 2018 budget, and the entire budget of $15,000 from the 2019 budget to pay for most of this purchase. The remainder of funds needed for this purchase will come from contingency.

Item 6f

_____________________________________________________________________________ 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 spreadsheet attached shows the current workstation data – location, type of computer, age of existing computer, and general replacement cost. There are three (3) workstations that are converting from laptops to desktops, which will save some money.

Also, we will receive a 4% discount for our purchases since we are ordering more than 5 computers in this order. The 4% discount is not calculated into the spreadsheet I have provided, but is listed in the proposal from Loffler IT Services. The total discount is $623.76 for the 15 desktops and $355.97 for the 5 laptops, or a total discount of $979.73 for 20 work stations.

Summary I apologize for purchasing this many computers at once, as I was trying to be frugal and get the most out of the current computers that we have. But, we are recommending the purchase of these 20 workstations based on the Windows 7 end of life issue, and the age of the computers being replaced.

Recommended City Council Action: Motion to Adopt Resolution No. 112-19 approving the purchase of 20 workstations as outlined in the quotation, in the final amount of $24,558.52. This purchase is for 5 laptops with docking stations, and 15 desktop work stations. The final price does incorporate a 4% discount for the purchase of these computers.

Does Recommended Action meet City Mission Statement? Yes No Does Recommended Action meet City Goals/Priorities? Yes No Explain:

RESOLUTION NO. 113-19

CITY OF MINNETRISTA

RESOLUTION FOR APPROVAL OF COMPUTER WORK STATION PURCHASES

WHEREAS, the City of Minnetrista has a need to purchase 20 work stations (5 laptops with docking stations and 15 desktops) for both Public Safety and City Hall, as the Microsoft Windows 7 Operating System (OS) has reached its ‘end of life’, and the City, through Loffler IT services, will no longer be able to provide technical support, software updates, security updates and fixes to support these workstations, which creates a huge security risk; and these work stations are old (average of 5.61 years in age) and are in need of replacement from that standpoint, as well; and

WHEREAS, the budget for the purchase of these new workstations will be derived from both the 2018 and 2019 IT budgets (about $20,000 total), with the remaining dollars to come from contingency funds; and

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MINNETRISTA, to authorize staff to purchase 20 work station computers as outlined in the Loffler IT Services proposal, which includes a 4% discount, yielding a final price of $24,558.52, to continue to meet our IT needs.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd day of September, 2019, by a vote of ______Ayes and______Nays.

________________________Lisa Whalen, Mayor

ATTEST:

___________________________ Kris Linquist, City Clerk

(seal)

Minnetrista Workstation Purchases

Computer Name Location User Type Make ModelWarranty

Begin DateWarranty End Date

StatusAge (yrs)

Replacement Cost

1 COM-NB-37 City Hall M Barone office Laptop HP EliteBook 850 G1 03/26/14 04/29/17 Exp 5.50 $1,0402 COM-NB-39 City Hall K Linquist office Laptop HP EliteBook 850 G1 01/22/15 03/18/18 Exp 4.67 $1,9893 COM-PC-46 City Hall C Tabor office Laptop HP EliteBook 850 G2 05/11/15 06/30/18 Exp 4.33 $1,0404 COM-PC-44 City Hall Point of Sale-front desk Desktop HP EliteDesk 800 G1 SFF 04/04/14 04/28/17 Exp 5.42 $1,0405 COM-PC-45 City Hall R Goodman cube Desktop HP EliteDesk 800 G1 SFF 06/29/14 07/23/17 Exp 5.25 $1,0406 HVAC-LT Police HVAC Laptop HP EliteBook 8560p 11/29/11 01/02/15 Exp 7.83 $1,0407 MPD-NB-07 Police SRO Laptop HP EliteBook 8560p 11/22/11 12/26/14 Exp 7.83 $1,9898 MPD-NB-08 Police P Falls office Laptop HP EliteBook 850 G3 03/21/16 04/27/19 Exp 3.50 $1,9899 MPD-NB-09 Police C Squires office Laptop HP EliteBook 850 G3 04/01/16 04/27/19 Exp 3.42 $1,989

10 MPD-NB-10 Police M Kokesh office Laptop HP EliteBook 850 G3 03/21/16 04/27/19 Exp 3.50 $1,98911 CJDN-1 Police CJDN-connects to BCA Desktop HP EliteDesk 800 G1 SFF 05/11/14 06/04/17 Exp 5.33 $1,04012 COM-PC-37 Police Squad Room # 2 Desktop HP EliteDesk 800 G1 SFF 04/19/14 05/13/17 Exp 5.42 $1,04013 COM-PC-38 Police Investigators office Desktop HP EliteDesk 800 G1 SFF 04/19/14 05/13/17 Exp 5.42 $1,04014 COM-PC-39 Police Squad Room # 1 Desktop HP EliteDesk 800 G1 SFF 04/19/14 05/13/17 Exp 5.42 $1,04015 MPD-NB-04A Police Booking Room Desktop HP EliteDesk 800 G1 SFF 04/19/14 05/13/17 Exp 5.42 $1,04016 MPD-PC-02 Police Transcription Room Desktop Dell OptiPlex 960 12/11/09 12/11/12 Exp 9.75 $1,04017 MPD-PC-20 Police PD Training Room Desktop HP Compaq 8200 Elite SFF 10/12/11 11/05/14 Exp 7.92 $1,04018 MPD-PC-22 Police Squad Room # 3 Desktop HP EliteDesk 800 G1 SFF 05/11/14 06/04/17 Exp 5.33 $1,04019 MPD-PC-23 Police Evidence Room Desktop HP EliteDesk 800 G1 SFF 05/11/14 06/04/17 Exp 5.33 $1,04020 WATCHGUARD Police Squad Video Desktop Equus Nobilis 02/20/14 02/20/17 Exp 5.58 $1,040

5.61 $25,545List of computers to be replaced that are all MS Windows 7 Professional x64 operating systems

Laptop Currently a laptop; Replacement will be a laptop computerLaptop Currently a laptop; Replacement will be a desktop computer

Cost for laptops are $1779.85 for actual computer and $209 for docking station = $1988.85

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: Accept Quote from TruGreen for Reseeding at 7515 and 7525 Halstead Drive, City Project Number 01-16

Prepared By: Gary Peters, Public Works Superintendent

Meeting Date: September 3, 2019

Issue: Accept quote to reseed area disturbed at 7515 and 7525 Halstead Drive.

Background/Discussion:

The driveway at 7515 Halstead Drive was realigned with the Halstead Dr project. With this realignment, the area on either side of the driveway was slated for re-grading and reseeding. Two days after the disturbed area was graded and seeded a rain event washed away the seed. After several discussions with the property owner it has been determined that this area would not be sodded and that slit seeding would be done.

The boulevard area at 7525 Halstead drive was restored with a seed mix that is mostly fescue. The resident has requested that the area be reseeded with a seed mix that contains more turf grass.

Staff asked for quotes from Neaton Brothers and TruGreen to apply herbicide, slit seed and fertilize the areas described above. Only one contractor returned a quote. A summary of the quotes are shown below.

Neaton Brothers TruGreen 7515 Halstead Drive n/a $653.00 7525 Halstead Drive n/a $449.00

Total n/a $1,102.00

Fiscal Impact: The quote for the reseeding at 7515 and 7525 Halstead Drive is to be funded by the Halstead Drive improvements.

Recommended City Council Action: Motion to adopt Resolutions No. 114-19 and 115-19, accepting the quotes and authorizing the expenditure of funds the reseeding at 7515 and 7525 Halstead Drive.

Does Recommended Action meet City Mission Statement? Yes No Does Recommended Action meet City Goals/Priorities? Yes No

Item 6g (i) and (ii)

O:\City Council\Council 2019\Packets\2019.09.03\Word\Reseed\9-3-19 RESLTN - Award Reseeding at 7515 Halstead.doc

RESOLUTION NO. 114-19

CITY OF MINNETRISTA

HENNEPIN COUNTY, MINNESOTA

A RESOLUTION ACCEPTING QUOTES AND AUTHORIZING EXPENDITURE OF FUNDS

FOR TRUGREEN TO RESEED EASEMENT AREA AT 7515 HALSTEAD DRIVE

CITY PROJECT NO. 01-16

WHEREAS, The City of Minnetrista has a need to enter into an agreement for reseeding and restoration of the easement area washed away and where weeds have overtaken the

area at the property located at 7515 Halstead Drive, and wishes to contract with TruGreen of Minnetonka, MN for these services; and

WHEREAS, The City received the lowest quotation from TruGreen for reseeding and restoration of the easement area washed away and where weeds have overtaken the area at

the property located at 7515 Halstead Drive from amongst two vendors solicited, summary attached hereto.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF

MINNETRISTA, this agreement for reseeding and restoration of the easement area washed away and where weeds have overtaken the area at the property located at 7515

Halstead Drive hereby executed with the intent of hiring TruGreen to provide these reseeding services at a onetime cost of $653.00.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd day of September, 2019, by a vote of Ayes and Nays.

Lisa Whalen, Mayor ATTEST:

Kris Linquist, City Clerk

(seal)

Item 6g (i)

O:\City Council\Council 2019\Packets\2019.09.03\Word\Reseed\9-3-19 RESLTN - Award Reseeding at 7525 Halstead.doc

RESOLUTION NO. 115-19

CITY OF MINNETRISTA

HENNEPIN COUNTY, MINNESOTA

A RESOLUTION ACCEPTING QUOTE AND AUTHORIZING EXPENDITURE OF

FUNDS FOR TRUGREEN TO RESEED AT 7525 HALSTEAD DRIVE

CITY PROJECT NO. 01-16

WHEREAS, The City of Minnetrista has a need to enter into an agreement for reseeding the disturbed turf area at 7525 Halstead Dr, and wishes to contract with TruGreen of Minnetonka, MN for these services; and

WHEREAS, The City received the lowest quotation from TruGreen for reseeding the disturbed turf area at 7525 Halstead Dr from amongst two vendors solicited, summary attached hereto.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF

MINNETRISTA, this agreement for reseeding the disturbed turf area at 7525 Halstead Dr hereby executed with the intent of hiring TruGreen to provide these reseeding services at a one-time cost of $449.00.

This resolution was adopted by the City Council of the City of Minnetrista on the 3rd day of September, 2019, by a vote of Ayes and Nays.

Lisa Whalen, Mayor ATTEST:

Kris Linquist, City Clerk

(seal)

Item 6g (ii)

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: COMPREHENSIVE PLAN AMENDMENT/REZONE: Application from Donald and Ann Benson to amend the comprehensive plan and rezone the properties located at 1300 Hickory Drive, PID# 08-117-24-31-0001 and 1370 Rainbow Road, PID# 08-117-24-31-0002.

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

Meeting Date: September 3, 2019

Overview: Donald and Ann Benson (the “Applicants”) have submitted an application to request a comprehensive plan amendment and rezone of property they own at 1300 Hickory Drive and 1370 Rainbow Road (the “Properties”). The comprehensive plan amendment is to change the future land use designation from Permanent Agriculture to Rural and the rezone request is from Agriculture Preserve to Agriculture. The process changes the density from 1 unit per 40 acres to 1 unit per 10 acres.

Background: The Applicants are doing some estate planning for the future. Their daughter lives in the home at 1370 Rainbow Road. They plan to will this home to her. It is a roughly 4 acre parcel that is zoned and guided at a density of 1 unit per 40 acres. The lot does not meet those requirements. This is because back in 2002, the City allowed the Applicants to build a home here, so long as another parcel of land the Applicants owned was placed in an agricultural easement. The property subject to this easement is at roughly 40 acre parcel located at 1200 Rainbow Road, at the end of the cul-de-sac.

As the Council will see later in this meeting, the Applicants are exploring developing that piece and wish to remove the encumbrance of the agricultural easement. In order to do so, the Applicants contacted staff to discuss their options. The only real option for the Applicants to remove said easement is to achieve compliance with density and lot size amongst the parcels of land they own, as that was seen as the intent of the easement. Therefore, the Applicants are requesting to change the future land use designation and subsequently rezone the Properties. This will allow for a Simple Subdivision between the Properties so that each will be a minimum of 10 acres, which will be in compliance with the proposed future land use designation and zoning district. Once completed, the intent of the agricultural easement will be satisfied and will allow the Applicants to explore their options at 1200 Rainbow Road.

Discussion: Upon the request of an owner to change the zoning on the owner’s property, the City Council will consider changing the AP Agricultural Preserve District to A Agriculture District if the property is located east of County Road 92. Both of the Properties in this application are in fact located east of County Road 92, so the Properties are eligible for consideration. Upon rezoning, the Applicants then have the option to subdivide into 10 acre lots.

Item 6h (i)

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.

As part of the request, the Applicants are following up the comprehensive plan amendment and rezone request with a Simple Subdivision application to increase the lot size of 1370 Rainbow Road to 10 acres to comply with the new zoning.

Neighborhood Comments: Staff sent notices to all residents within 500 feet of the subject property prior to the public hearing at the Planning Commission meeting. To date, staff has not received any written comments as a result of that notice. There was one resident present to speak on the matter.

Planning Commission Recommendation: The request was presented to the Planning Commission at their August 26, 2019 meeting. At that meeting, the following motion was made:

Motion by Livermore, seconded by Young to recommend the City Council approve the requested comprehensive plan amendment from Permanent Agriculture to Rural and subsequent rezone request from Agriculture Preserve Zoning to Agriculture Zoning for 1300 Hickory Drive and 1370 Rainbow Road based on the findings of fact in the staff report.

Chair Sandholm commented that she wanted to make sure that the 4 acre parcel would become a 10 acre parcel

Motion passed 7-0. Absent: None

Conclusion: The City Council should review the staff report and the recommendation of the Planning Commission. After review, findings of fact should be established as to why the request should be approved or denied. Findings of fact made by staff are as follows:

1. The proposed comprehensive plan amendment will not alter the system statement orforecasts determined by the Metropolitan Council for the City; and

2. The proposed comprehensive plan amendment is consistent with the goals and policies setforth in the Comprehensive Plan, which provides the opportunity for greater density eastof Co. Rd. 92.

Recommended Action: Motion to approve a resolution for the requested comprehensive plan amendment from Permanent Agriculture to Rural and adopt an ordinance to rezone request from Agriculture Preserve Zoning to Agriculture Zoning for 1300 Hickory Drive and 1370 Rainbow Road based on the findings of fact in the staff report.

Attachments: 1. Location Map2. Applicant Narrative3. Current Comprehensive Plan4. Current Zoning Map5. Res. No. 116-19 Approving Comp Plan Amendment for 1300 Hickory Dr and 1370

Rainbow Rd and authorize Staff to Submit for Same to the Met Council6. Ordinance 458 Rezone 1300 Hickory Drive and 1370 Rainbow Road7. Res. No. 117-19Approving Publication of Ordinance 458 by Title and Summary

1300 Hickory Drive & 1370 Rainbow Road

August 22, 2019Map Powered by DataLink from WSB & Associates

1 inch = 376 feet

Î

Î

Î

Î

Lake Minnetonka

Whaletail Lake

Jennings Bay

Dutch Lake

Mud Lake

Ox Yoke Lake

Saunders Lake

Little Long Lake

Six Mile Creek

Deer Creek

Langdon Lake

Cooks Bay

Harrisons Bay

Priests Bay

Halstead Bay

Painters Creek

Phelps Bay

Stone Lake

Crane Island

Lake Zumbra

Wawatosa IslandPark

Eagle Island

Douglas Beach

EnchantedIsland

County Hwy 15

King

s Poin

t Rd

State Hwy 7

Halstead Dr

County Rd 26

Lotus Dr

County Rd 26

Nike Rd

West Hill Rd

Deer

Cree

k Rd

Sunnyfield Rd East

Coun

ty Hw

y 92

Halstead Dr

Painter Rd

W Towns Edge Rd

County Rd 26

High

land R

d

Coun

ty Hw

y 92

Blair

Rd

Game

Farm

Rd

North Arm Dr

Coun

ty Hw

y 92

Game Farm Rd

Hick

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Kingswood Rd

Game

Farm

Rd

Grim

m Rd

N Branch Rd

Turtle Rd

County Rd 26

County Hwy 110

County Hwy 110 West

W Branch Rd

W Highland Rd

Highland Rd

Prair

ie Me

adow

Rd

Game Farm Cir

County Hwy 110 West

Kings

wood

Rd

Ambjor Ln

Coun

ty Hw

y 92

Coun

ty Rd

19

Apple

Gar

den R

d

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ty Rd

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Trilliu

m Ln E

Blair

Rd

Game Farm Rd

Tuxedo Rd

State Hwy 7

Red O

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Fielding Tr

Wind Ridge Trl

State Hwy 7

Game

Farm

Rd

Oak R

d

County Hwy 110 West

Eagle Bluff Rd

Coun

tyHw

y 157

North Arm Dr

Bartlett BlvdCounty Hwy 44

North

view

Dr

Hardscrabble Cir

Commerce B

lvd

Bayside Ln

Ox Yoke Cir

Minneapolis Ave

State Hwy 7

County Hwy 92

Dutch

view

Rd

Marke

t Ave

(Dalc

how

Ave)

High

land R

d

Hillview Dr E

Eastview Ave

County Hwy 110

Tonka View Ln

Woodland Cv

Inger

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County Hwy 92

North Shore Dr

Comm

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Blvd

Enchanted Ln

Partridge Rd

Maplewood Rd

Bartlett Blvd

Coun

ty Rd

19

Fox Tr

County Rd 26

Bertr

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County Rd 110 Ext

Wildwood Ave

Deer

Cree

k Rd

Coun

ty Hw

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Hardscrabble Cir

County Hwy 15

Clar

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Ave

Comm

erce

Blvd

Wildwood Ave

Equestrian Way

North Arm Dr

Sunnybrook Ln

Hilltop Dr

Retre

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Lake Terrace Dr

Garden Ln

Coun

ty Hw

y 92

Gander Ln

Coun

ty Hw

y 110

Hunters Trl

Woodedge Rd

Loring Dr

Bartlett Blvd

Coun

ty Hw

y 92

Coun

ty Hw

y 44

Tuxedo Blvd

W Deer Creek Rd

Manchester Rd

Coun

ty Hw

y 92

County Hwy 15

County Hwy 15

E Townsedge Rd

Indian Hill Rd

Lotus Dr

Scot

t Dr

Morni

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w Dr

Coun

ty Hw

y 92

Lynwood Blvd

Weste

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lvd

Six M

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Highland Blvd

Grand View Blvd

Wildwood Ave

Park Ave

Highland Rd

Ridgewood Cv

Bartlett Blvd

State Hwy 7

Maple

crest

Dr

County Hwy 44

Game Farm Rd

Manor Dr

Saunders Lake Dr N

Deer Creek Cir

Deer

Cree

k Rd

Enchanted Pt

Sunn

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W Ed

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lvd

South Bay Dr

Avon Dr

State Hwy 7

Wilshire Blvd

Cumberland Rd

Towe

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Kennedy Memorial Dr

Maple Forest

Coun

ty Hw

y 110

State Hwy 7

West Arm Rd

Timber Island T

Lynwood Blvd

Valley Creek Dr

Halstead Dr

Ridgewood Rd

Shad

y Ln

Walnut

Dr

Shoreline Dr

Meadowview Ter

Pheasant Xing

Lakewood Ln

Game

Farm

Rd

Islan

d Dr

Finch

Ln

Wilshire Blvd

County Hwy 44

Langewood Dr

County Hwy 15

Cardinal Cove Dr

Marin

a Dr

Steiner St

Glacier Rd

Dellwood Ln

County Rd 26

Woodlawn Rd

Lythrum Way

Carlow Rd

Lakeside Ln

Main

St

Stonebridge Rd

Merry

wood

Ln

Shorewood Ln

Bartlett Blvd

Red Oak Rd

Gumwood Rd

Westwood Dr

Cente

nial A

ve

Aberdeen Rd

Lost

Lake

Rd

Wilshire Blvd

Island View Dr

Main

St

N Br

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Rd

Chate

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Hardscrabble Cir

Sunnybrook Dr

Tuxedo Blvd

Sunset Rd

Jones Ln

Cente

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Ln

Deerwood Dr

D Che

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Bedford Rd

Breezy Dr

Woodland Rd

Hidd

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le Rd

Montclair Ln

Devo

n Ln

Alexandra Dr

Balsam Rd

Dale Rd

D'chene Cir

Cardina

l Ln

Ridgewood Rd

Maple

Ln

Bartlett

Blvd

Cherrywood Ln

Longfellow Ln

Bedford Rd

Baycliffe Rd

Halstea

d Ln

Lotus DrE S

hore

Dr

Bass

wood

Ln

Shorewood Ln

Haze

lwoo

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Dund

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st Dr

State Hwy 7

Wildhurst Ln

Shoreline Dr

Birch Ln

Ceda

r Ln

Hanover Rd

Hillview Dr

Dick

ens L

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Glacier Rd

Fairway Ridge Dr

Marga

ret Ci

r

Turtle Rd

Tyro

ne Ln

Eagle Nest Dr

Sterling Dr

Gran

d View

Blvd

Hillside Ave

Coun

ty Hw

y 110

Nor

th

Kramer Rd

Mead

owvie

w Dr

Trails End Rd

Emerald Dr

Lynwood Blvd

Bayw

ood S

hores

Dr

Cherrywood Rd

Hillcrest Rd

Kennedy Memorial Dr

Reed

Rd

Oakla

nd Ln

Robin Ln

Fairv

iew Ln

W Branch Rd

Maywood Rd

Hampton Rd

Heidelberg Ln

Woodridge Dr

Three Points Blvd

Elm Rd

Crestview Rd

Lee Rd

Resthaven Ln

Lake

side D

r

Sugar Mill Ln

Jenn

ings C

ove R

d

Rest Point Ln

Hillv

iew Ln

Leslie Rd

Evergreen Rd

Basswood Ln

County Hwy 44

Glenwood Blvd

Cres

t Ridg

e Ct

Plymouth Rd

Main

St

Idlewood Rd

Williams Ln

Minneapolis Ave

Richmond Rd

Turtle Creek Bl

Oakwood Rd Meadow Ln

Brigh

ton B

lvd

Oakla

nd S

t

Elmwood Dr

Sulgrove Rd

Rollin

g Hills

Dr

Maywood Rd

Sherwood Dr

Pine St

Evan

s Way

Belm

ont L

n

Avoc

et Ln

Patri

ot P

l

Games Dr

Three Points Blvd

1st Ave

Pinnacle Way

Bay Ridge Rd

Alexa

nder

Ln

Sugar Mill Ln

Saunders Lake Dr S

Marshland Ct

Beachwood Rd

Rest Point Rd

Lynwood Blvd

Bartlett B

lvd

State Hwy 7

W Cove Ln

Fairway Ridge Ct

Fox Tr

Glacier Rd

Grand View Ave

Sand

y Ln

Glendale Rd

Halst

ead L

n

Cardinal Cove Dr

Lynwood Blvd

Cove Cir

Bayport Rd

Trista Ln

St Marys Rd

Pondview Dr

Aspen Rd

Trails End Cir

Waterbury RdIsland View Dr

Phelps Rd

Monmouth Rd

Hawthorne Rd

Cypr

ess L

n

Enchanted Dr

Blue B

ird Ln

Shoreline Dr

Priest Ln

Auditors Rd

Weste

dge B

lvd

Windsor Rd

Cana

ry Ln

Halstead Ave

Shan

non L

n

Trista Ln

W Branch Rd

Beachwood Rd

Edsall Rd

Seabury Rd

Ench

anted

Ln

Ashlan

d Ln

Sunset Dr

Lakeview Dr

Hillsdale Dr

Willow Ct

Grov

e Ln

Hunters Ct

Lanark Rd

Church Rd

Trillium Way

Suma

ch Ln

Eagle

Ln

Dove

Ln

Edgewater Ln

Donald Rd

Norwood Ln

Layfayette Ln

Blue B

ird Ln

Northern Rd

Southview Ln

High

land S

t

Farm

ill Ci

r

Krist

in Ln

Robin Ln

Coun

ty Hw

y 92

Glasgow Rd

Northome Dr

Edgewater Dr

Pauly

Ln

Creekvi

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Tuxe

do B

lvd

Drury Ln

Overl

and L

n

Lang

don L

n

Cedar Point Rd

Elmwo

od C

ir

Drummond Rd

Squire Ln

Piper Ln

Walnut Rd

Quail

Ct

Ramb

ler Ln

Burl Oaks Dr

High

view

Ln

Gull L

n

Maple

Man

ors C

t

Comm

erce

Blvd

Trista Ct

Fern

side L

n

Brya

nt Ln

Spruce Rd

Glen Elyn Rd

Brunswick Rd

Aspen Rd

Hunters Trl

Fern

Ln

Heron

Ln

Jennings Rd

Adler Rd

Chateau Way

Noble Ln

Bella

ire Ln

Dorchester Rd

Oakla

nd A

ve

Fairfield Rd

Marsh St

Hanover Rd

Glasgow Ln

Waterto

wn Rd

Wilshire Blvd

Mario

n Ln

Chestnut Rd

Donald Rd

Clover Cir

Weste

dge B

lvd

Baile

y Rd

Syca

more

Ln

Lakeside Cir

Tonkawood Rd

Wexfo

rd Ln

Saunders Lake Dr S

Cana

ry Ln

Coun

ty Hw

y 110

Nor

th

Carrick Rd

Highland Blvd

Devo

n Ln

Hills

ide Ln

Morningview Ter

Rose

wood

Ln

Brigh

ton C

ommo

n

Stone Creek Ct

Wren Rd

Priva

te Rd

Manchester Rd

Walnut Ln

Priva

te Rd

Maple Ln

Fores

t Ln

Sinclair Ct

Willow Ln

Glenwood Rd

Turtle Creek Bl

Enchanted Rd

Gander Ln

Valle

y View

St

Setter Cir

Farmill Dr

Alwin Cir

Halst

ed Ln

Warner L

n

Suffolk Rd

Bayw

ood L

n

Gard

en Ln

Diamond Ln

Trista Ln

Palmer Pl

Viking

Rd

Mill Pond Ln

Cotto

nwoo

d Ln

Ruby

Ln

Drift

wood

Ln

Cove Ln E

Enchanted Cir

Rustic Wood Rd

Pike Rd

Comm

erce

Blvd

Arbo

r Ln

Gran

ger L

n

Clar

e Ln

Wellesle

y Way

Bluf

fs Ln

Wilsh

ire B

lvd

Meadow Ln

Burl Oaks Ct

Farm

ill Ct

Sparrow Rd

Linden Ln

Quail Ln

Holt L

n

Pine Cir

Afton Rd

Acorn Rd

Sinclair Rd Canterbury Rd

Wehle Pl

Farmill Dr

Burns Rd

Kildare Rd

Harrison Ln

Susan Ln

Morningview Ct

Warner Ln

Chate

au Ln

Gladstone Ln

Bluf

fs Dr

Pine Rd

Ironwood Ln

Galway Rd

Waterside Ln

Marlb

oro L

n

Fore

st Ct

Brigh

ton Bl

vd

Belm

ont L

n

Cobc

en Ln

Cavan Rd

Shoreline Dr

Channel Rd

Esse

x Ln

Amhe

rst Ln

Roxb

ury R

d

Maple Ln

Evergreen Ln

Ladyslipper Cir

Camb

ridge

Ln

Beachside Rd

Pheas

ant C

ir

Hick

ory P

l

Dexte

r LnCharles Ln

Bush Rd

Roan

oke L

n

Paisl

ey Rd

Dutch

Ln

Longford Rd

Woodridge Dr

Maple Rd

Cedar Ct

Bluffs Ln

Waterbury Rd

Otter Rd

Game Farm Rd

Glac

ier C

ir

Apple

Ln

Villa L

n

Maria

Ct

Peca

n Ln

Bell St

Glacie

r Ct

Glacier

Rd

Bandy Ln

Antler Way

Cottontail Dr Games

DrLan

dings

Dr

Covey

Trl

Spruce RdWoodland Dr

Land

ings W

ay

Partridge Rd

Cove

y Ln

Elk C

ir

Hunters Trl

Partridge Rd

Rainbow

Rd

Preserve Blvd

Westwood Ave

Painter Cir

Stonebridge Cir

Hards

crabb

le Rd

N

Jessen Ln

Inger

son R

d

Timber Trail

Orch

id Dr

Upper Cove Rd

Kings P

t Rd

Merg

anse

r Dr

Games Trl

Yellowstone Trl

Palm

er C

t

Casa

mitaRd

Cran

e Isla

nd C

t

Woodland Cove Pkwy

Maple Leaf Ln

Tonka Bend

Minnehaha Ct

Big Woods Dr

Fisher Bend

Cros

by Ct

Cottagewood CtTrista

Bend

Creekside Way

Woodland Cove PkwyCreekside Way

Fairw

ay Ln

Red Oak Ln

Grand V

iew Ave

Orch

ard Tr Orchard Cove

9000

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MINNEHAHA CREEK WMOPIONEER-SARAH CREEK WMO

Gillespie Park

Kingswood Park

Chateau WayPark

Timber HillsPark

Perennial Park

SlowCreek Park

JenningsPark

Gale Woods Regonial Park

SouthCusoke

Park North Cusoke Park

DouglasPark

Kings Point Park

Adler Nature View Park

Merz Marsh Park

Lake Minnetonka Regional Park

Gene LehnerPark

Friendship Park

Lisle Park

Merriman Cemetery

Woods ofSaga

Hill Park

LindenPark

Carver Park Reserve

WestonkaRecreational

Park

0 2,000 4,0001,000

Feet

¹

City of Minnetrista 2015 Zoning Map

1

2

3

4

Eastview Ave

Morni

ngvie

w Dr

Langewood Dr

Marin

a Dr

Westwood Dr

Coun

ty Hw

y 110

Nor

thCo

unty

Hwy 1

10 N

orth

Morningview Ter

Westwood Ave

14601440

55875575 5569

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Perennial Park

Î

Phelps Bay

Douglas Beach

Tuxedo Rd

E Sho

re Dr

Sulgrove Rd

St Marys Rd

Edsall Rd

Cedar Point Rd

Warner L

n

Wellesle

y Way

Cobc

en Ln

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Lee Rd

Ench

anted

Ln

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4100 41

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40 4160

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400 0 400200 Feet

Inset Scale

Enchanted Island

Heatherwood Glenand

Morningview Terrace

LegendMUSA line

Shoreland districts

Six Mile Marsh protection zone

Watershed districts

City boundaries

Zoning ClassificationsAP: Agriculture preservation

A: Agriculture

RDB: Douglas Beach single-family residence

R-1: Low density single-family residence

R-2: Low-medium density single-family residence

R-2(a): Low-medium residential

R-3: Medium density single-family residence

R-4: Medium density multiple and single-family residence

R-5: High density multiple-family residence

PSB: Public/semi-public

I: Planned industrial

C-2: Highway service business

SDD: Staged development distict

PUD: Planned unit development

Douglas Beach

December 6, 2010-Ordinance 369 rezoned 6701, 6750, 6710 Halstead Ave, PID 221172443004, and 4644 and 4505 Co Rd 92May 2, 2011-Ordinance 397 rezoned 855 Red Oak Lane to R-2(a)

August 1, 2011-Ordinance 299 rezoned Woodland Cove parcels to PUD

King

s Poin

t Rd

Lotus Dr

Woodland Cove Pkwy

Maple Leaf Ln

Tonka Bend

Minnehaha Ct

Big Woods Dr

Fisher Bend

Crosb

y Ct

Cottagewood CtTrista

Bend

Creekside Way

Woodland Cove PkwyCreekside Way

4350

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Woodland Cove

3

1 610332v1MN415-313

RESOLUTION NO. 116-19

CITY OF MINNETRISTA

RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE FUTURE LAND USE DESIGNATION FROM PERMANENT

AGRICULTURE TO RURAL FOR THE LAND LOCATED AT 1300 HICKORY DRIVE AND 1370 RAINBOW ROAD AND AUTHORIZE STAFF TO SUBMIT A

COMPREHENSIVE PLAN AMENDMENT FOR SAME TO THE METROPOLITAN COUNCIL

WHEREAS, the city of Minnetrista (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and

WHEREAS, on even date herewith and following formal approval by the Metropolitan Council, the City granted final approval of its 2040 comprehensive plan (the “Comprehensive Plan”) to promote the orderly, economic, and safe development and utilization of land within Minnetrista; and

WHEREAS, the Comprehensive Plan designates the properties legally described on Exhibit A attached hereto (the “Subject Property”) as Permanent Agriculture; and

WHEREAS, the City has received a request from Donald F. Benson and Ann L. Benson to change the future land use designation of the Subject Property to Rural; and

WHEREAS, the City has reviewed the request and believes that it is consistent with other goals and policies of the Comprehensive Plan.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Minnetrista makes the following findings of fact:

1) The proposed comprehensive plan amendment will not alter the systemstatement or forecasts determined by the Metropolitan Council for the City;and

2) The proposed comprehensive plan amendment is consistent with the goals andpolicies set forth in the Comprehensive Plan, which provides the opportunityfor greater density east of Co. Rd. 92.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the city of Minnetrista, based on the above findings of fact, hereby approves the amendment to the 2040 Comprehensive Plan that amends the land use designation for the Subject Property from Permanent Agriculture to Rural.

2 610332v1MN415-313

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the city of Minnetrista hereby authorizes and directs staff to submit a comprehensive plan amendment consistent herewith to the Metropolitan Council for review and approval.

This resolution was adopted by the City Council of the City of Minnetrista on this 3rd day of September, 2019 by a vote of _____ ayes and _____ nays.

_________________________________ Lisa Whalen, Mayor

ATTEST:

____________________________________ Kris Linquist, City Clerk

(SEAL)

116-19; 2019.09.03Comp Plan Amend - Benson

A-1610332v1MN415-313

EXHIBIT A

Legal Description of Subject Property

The Subject Property is located in Hennepin County, Minnesota and is legally described as follows:

Lot 1, Block 1, Berman Addition; and

Outlot A, Berman Addition.

116-19; 2019.09.03Comp Plan Amend - Benson

610295v1MN415-313

ORDINANCE NO. 458

CITY OF MINNETRISTA

AN ORDINANCE TO AMEND THE MINNETRISTA CITY CODE BY AMENDING THE OFFICIAL ZONING MAP

OF THE CITY OF MINNETRISTA

THE CITY COUNCIL OF THE CITY OF MINNETRISTA, MINNESOTA ORDAINS AS FOLLOWS:

Section I. The official zoning map of the city of Minnetrista is hereby amended to change the zoning classification of the properties located at 1300 Hickory Drive (PID #08-117-24-31-0001 and 1370 Rainbow Road (PID #08-117-24-31-0002) and legally described on Exhibit A attached hereto (the “Subject Property”) from Agriculture Preserve (AP) to Agriculture (A). The Subject Property is depicted on Exhibit B attached hereto.

Section II. The city clerk is hereby directed to cause this ordinance or a resolution authorizing publication thereof by title and summary to be published in the official newspaper. The zoning administrator is directed to make the appropriate modification to the City’s official zoning map after this ordinance is effective. A copy of the ordinance and the updated City zoning map shall be kept on file at Minnetrista city hall.

Section III. This ordinance shall be effective upon its adoption and publication but only following final approval of a comprehensive plan amendment changing the future land use designation of the Subject Property in the Minnetrista comprehensive plan from Permanent Agriculture to Rural.

Ordinance No. 458 was adopted by the city council of the city of Minnetrista this 3rd day of September, 2019 by a vote of ____ ayes and ___ nays.

Lisa Whalen, Mayor

Attest:

Kris Linquist, City Clerk

Item 6h (ii)

610295v1MN415-313

EXHIBIT A

Legal Description of Subject Property

The Subject Property being rezoned from Agriculture Preserve (AP) to Agriculture (A) is located in Hennepin County, Minnesota and is legally described as follows:

Lot 1, Block 1, Berman Addition; and

Outlot A, Berman Addition.

Ord. 458; 2019.09.03

610295v1MN415-313

EXHIBIT B

Depiction of Subject Property

The Subject Property being rezoned from Agriculture Preserve (AP) to Agriculture (A) is depicted as follows:

Ord. 458; 2019.09.03

1 610284v1MN415-313

RESOLUTION NO. 117-19

CITY OF MINNETRISTA

RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 458 BY TITLE AND SUMMARY

WHEREAS, the city of Minnetrista (the “City”) is a municipal corporation organized and

existing under the laws of Minnesota; and

WHEREAS, the city council of the city of Minnetrista has adopted Ordinance No. 458, an

ordinance amending the official zoning map of the City of Minnetrista; and

WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and

summary in the case of lengthy ordinances or those containing charts or maps; and

WHEREAS, the ordinance contains a map; and

WHEREAS, the city council believes that the following summary would clearly inform

the public of the intent and effect of the ordinance.

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

that the city clerk shall cause the following summary of Ordinance No. 458 to be published in the

official newspaper in lieu of the entire ordinance:

Public Notice

The city council of the city of Minnetrista has adopted Ordinance No. 458, an ordinance amending the official zoning map of the city of Minnetrista. The ordinance rezones the properties located at 1300 Hickory Drive and 1370 Rainbow Road from Agriculture Preserve to Agriculture. The rezoning will be effective upon adoption and publication of the ordinance and final approval of a comprehensive plan amendment to change the future land use designation of the properties from Permanent Agricultural to Rural. The full text of Ordinance No. 458 is available for inspection at Minnetrista city hall during regular business hours.

Kris Linquist, City Clerk

Item 6h (iii)

2 610284v1MN415-313

BE IT FURTHER RESOLVED by the city council of the city of Minnetrista that the city

clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post

a full copy of the ordinance in a public place within the city.

The resolution was adopted by the city council of the city of Minnetrista on this 3rd day of

September, 2019, by a vote of ____ ayes and ____ nays.

Lisa Whalen, Mayor

ATTEST:

Kris Linquist, City Clerk

117-19; 2019.09.03Ord 458 Title and Summary

_____________________________________________________________________________ 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: SIMPLE SUBDIVISION: Application from Donald & Ann Benson to adjust the common lot line between 1300 Hickory Drive & 1370 Rainbow Road

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

Meeting Date: September 3, 2019

Issue: Donald & Ann Benson (the “Applicants”) are the fees owners of 1300 Hickory Drive & 1370 Rainbow Road (the “Properties”). The Applicants have proposed to adjust the common lot line in order to increase the lot size of 1370 Rainbow Road to meet the 10 acre minimum lot size of the Agriculture Zoning District. 1300 Hickory Drive will remain a conforming lot above the 10 acre minimum lot size requirement. This request is an extension of previous agenda items which are all contingent upon one another.

The Applicants will be required to enter into a lot combination agreement/restrictive covenant since part of the parcel will be located across the road (Rainbow Road) as a condition of approval. They will also be dedicating new drainage and utility easements over the new common lot line. The proposed lot arrangement has been attached for review.

Recommended City Council Action: Motion to adopt Resolution No. 118-19 approving a simple subdivision for Donald & Ann Benson to adjust the common lot line between 1300 Hickory Drive & 1370 Rainbow Road.

Attachments: 1. Location Map2. Survey of Proposal3. Res. No. 118-19 Approving Simple Subdivision between 1300 Hickory Drive

& 1370 Rainbow Road

Item 6i

1300 Hickory Drive & 1370 Rainbow Road

August 22, 2019Map Powered by DataLink from WSB & Associates

1 inch = 376 feet

1 610435v2MN415-313

RESOLUTION NO. 118-19

CITY OF MINNETRISTA

RESOLUTION APPROVING A SIMPLE SUBDIVISION INVOLVING

THE PROPERTIES LOCATED AT 1300 HICKORY DRIVE

AND 1370 RAINBOW ROAD

WHEREAS, the city of Minnetrista (the “City”) is a municipal corporation, organized and

existing under the laws of Minnesota; and

WHEREAS, the City has adopted a zoning ordinance and subdivision regulations, which

are codified in chapter 5 of the city code, to promote the orderly, economic and safe development

and utilization of land within the community; and

WHEREAS, Donald F. Benson and Ann L. Benson (the “Applicants”) are the fee owners

of property located at 1300 Hickory Drive and legally described as Lot 1, Block 1, Berman

Addition, Hennepin County, Minnesota (“Parcel A”) and the property located at 1370 Rainbow

Road and legally described as Outlot A, Berman Addition, Hennepin County, Minnesota

(“Parcel B”); and

WHEREAS, the Applicants have requested to subdivide a portion of Parcel A and that its

use and development be restricted by requiring common ownership and usage with Parcel B; and

WHEREAS, Parcel A is proposed to be subdivided into Parcel A-1 and Parcel A-2, which

parcels are legally described and generally depicted on Exhibit A attached hereto; and

WHEREAS, the city council considered the Applicants’ request for a simple subdivision

at its meeting on September 3, 2019 and adopted the following finds of fact regarding the

application:

1. The Applicants have properly applied for a simple subdivision of Parcel A in

accordance with city code; and

2. This request creates one additional lot; and

3. The resulting lots, when Parcel A-2 and Parcel B are subject to the required

Restrictive Covenants, conform to the city’s subdivision regulations.

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

Minnesota that the Applicants’ request for a simple subdivision as described herein is hereby

approved, subject to the following:

1. The new legal descriptions of Parcel A-1 and Parcel A-2 are described on Exhibit A

attached hereto.

2 610435v2MN415-313

2. Approval of the simple subdivision is subject to the Applicants executing and

recording a Restrictive Covenant in a form satisfactory to the City restricting the ownership and

use of Parcel A-2 and Parcel B.

3. The Applicants will convey to the City easements for drainage and utility purposes

10.00 feet in width along the new common lot line between Parcel A-1 and Parcel A-2.

4. The terms and conditions of this resolution and of the Restrictive Covenant required

herein supersede the Lot Combination Agreement between the City and Lyle A. Berman and

Janis R. Berman regarding Lot 1, Block 1 and Outlot A, Berman Addition dated June 21, 1993 and

recorded on June 28, 1993 in the Office of the County Recorder, Hennepin County, Minnesota as

doc. no. 6105797.

5. Approval of this simple subdivision is conditional upon the prior approval for

Parcel A and Parcel B of a comprehensive plan amendment from Permanent Agriculture to Rural

and rezoning from Agriculture Preserve to Agriculture.

6. The Applicants shall reimburse the City for all costs and expenses associated with

review and approval of this application.

This resolution was adopted by the city council of the city of Minnetrista on the 3rd day of

September, 2019 by a vote of ________ ayes and _________ nays.

Lisa Whalen, Mayor

ATTEST:

Kris Linquist, City Clerk

(SEAL)

118-19; 2019.09.03Simple Subdivision

A-1610435v2MN415-313

EXHIBIT A

The legal descriptions of Parcel A-1 and Parcel A-2 are as follows:

Parcel A-2

That part of Lot 1, Block 1, BERMAN ADDITION, according to the recorded plat thereof, Hennepin

County, Minnesota, lying easterly and southeasterly of the line described as follows:

Commencing at the intersection of the north line of Lot 1 and the westerly line of Rainbow

Road; thence on an assumed bearing of North 89 degrees 55 minutes 19 seconds West

along said north line, a distance of 319.05 feet to the point of beginning of the line to be

described; thence South 27 degrees 14 minutes 27 seconds West a distance of 227.61 feet;

thence South 8 degrees 26 minutes 58 seconds West a distance of 175.73 feet; thence South

0 degrees 02 minutes 30 seconds West a distance of 522.21 feet to the southeasterly line of

said Lot 1 and said line there terminating.

Parcel A-1

Lot 1, Block 1, BERMAN ADDITION, according to the recorded plat thereof, Hennepin County,

Minnesota, except that part lying easterly and southeasterly of the line described as follows:

Commencing at the intersection of the north line of Lot 1 and the westerly line of Rainbow

Road; thence on an assumed bearing of North 89 degrees 55 minutes 19 seconds West

along said north line, a distance of 319.05 feet to the point of beginning of the line to be

described; thence South 27 degrees 14 minutes 27 seconds West a distance of 227.61 feet;

thence South 8 degrees 26 minutes 58 seconds West a distance of 175.73 feet; thence South

0 degrees 02 minutes 30 seconds West a distance of 522.21 feet to the southeasterly line of

said Lot 1 and said line there terminating.

118-19; 2019.09.03Simple Subdivision

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: CLASS III SUBDIVISION CONCEPT/SKETCH PLAN: Application from Donald and Ann Benson for a possible 3 lot subdivision at 1200 Rainbow Road; AP Agriculture Preserve Zoning District; PID# 08-117-24-13-0002.

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

Meeting Date: September 3, 2019

Overview: Donald and Ann Benson (the “Applicants”) have made an application for a possible 3 lot subdivision at 1200 Rainbow Road (the “Property”)

Background: The sketch plan is an initial presentation of the applicant’s intention and serves as the basis for conceptual discussion between the city and the applicant. The purpose of the review is to allow staff, the Parks and Planning Commissions, and the City Council an opportunity to guide the applicant as to what is generally expected by the city, and to alert an applicant to potential problems with the proposal. This feedback can then be used by an applicant to make an informed decision on whether to proceed with a formal preliminary application. The sketch plan review does not require any formal approval or denial from the City Council.

Discussion: The City Council should consider the following discussion areas when reviewing the proposed concept plan:

• Comprehensive Plan & Zoning:The Property is currently guided for Permanent Agriculture and zoned APAgriculture Preservation, both of which are consistent with a density of 1 unit per40 acres. The Applicants are proposing to split the 38.64 acres into 3 lots that areroughly 13 acres each. In order to do so, the Applicants will need to amend thecomprehensive plan and rezone the Property to a future land use of Rural and azoning of A Agriculture, both consistent with a density of 1 unit per 10 acres.Since the lot is located east of County Road 92, it is eligible for consideration ofthis change in zoning.

• Proposed Lot Configuration, Lot Standards, & Density:In order to facilitate the proposed subdivision, a rezoning to A Agriculture isrequired. Those standards are what the proposal is being reviewed under. Theminimum lot size is 10 acres, which all proposed lots meet, which also confirmscompliance with density requirements. The lots are well over 200 feet deep and

Item 6j

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.

contain a sufficient building pad for a new home, accessory building, and primary and alternate septic sites, all as required by City Code. The deficiency here is the lot width or frontage on an improved public street. The proposed lots do not meet that requirement. Therefore, a variance would need to be granted. The City Council should determine if a variance request would be supported here.

• Grading, Drainage, & Erosion Control:There was no grading plan submitted with the concept/sketch plan. Given thatthere are only 3 proposed lots, it’s possible the grading could be reviewed witheach individual new home building permit. This will change if a future street isrequired, as discussed in more detail later in this staff report.

• Sewer & Water Utilities:The proposed lots will be all served by individual wells and septic systems. Therewill be no fees required with the extension of public utilities. This will likely notchange with any possible revision recommended for a future preliminary platsubmittal.

• Streets & Storm Water:As proposed, there are no new city streets. The Applicants are proposing to usethe existing adjacent city streets for access. Tract A would access off of RainbowRoad and Tracts B and C would access off of Preserve Boulevard. While thisconfiguration allows for access, it does not provide for the City Code required 300feet on an improved city street for each lot. Therefore, a variance would need tobe granted for each lot. This could be avoided if a new street was required.

In discussion with Public Works and Engineering, there are things to considerwith such a requirement, like topography, wetlands, tree removal, traffic, turnradii, etc. A potential alignment would be approximately 150 ft. north of thesouth property line, which would create an outlot. According to the NationalWetland Inventory, there is in fact a wetland just east of the Rainbow Road cul-de-sac. This area would need to be avoided. It’s possible a future road couldfollow a portion of the existing access road on the Property. It is worth notingthat a portion of the Preserve Boulevard cul-de-sac is not within right-of-way andthat land is not owned by the Applicant. This would be the time to consider thededication of additional right-of-way for a cul-de-sac and determine if theApplicant will need to plan for those improvements. Any required streetimprovement would need to meet City standards, which have been attached to thisstaff report.

Ultimately, Public Works and Engineering do not feel an extension is warrantedgiven the circumstances and current proposed layout. It’s possible that even witha road extension that the minimum frontage requirement could not be met.Depending on the extent of improvements necessary for this plat, storm waterrequirements may be initiated.

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.

• Soils, Signage, & Lighting:Soil testing may be required in determine the viability of both home constructionand septic systems. Given the size of the proposed development, this may beaccomplished at the time of building permit. There are no proposed signage orlighting, as there are no new improvements being proposed. Should a road berequired, signage and lighting will likely be included as well.

• Tree Preservation & Landscape Plan:Section 510.07 shall apply to any subdivision the results in 5 or more units, lots,parcels, tracts, or long-term leaseholds regardless of the particular zoning district.As the proposed subdivision only contains 3 lots, the Applicant will not berequired to submit a tree preservation and a landscape plan.

• Wetland Delineation Report:There are wetlands located on site. The Applicant will be required to submit awetland delineation report, prepared by a MN certified wetland delineator, for aboundary/type determination prior to preliminary plat approval.

• Easements:Drainage and utility easements were dedicated around the property lines andwetlands by the plat of Berman Addition. Depending on the wetlandboundary/type determination, these easements may need to be vacated to allowfor new easements to cover the property lines and wetlands and wetland bufferswith the new proposed plat.

• Architectural Renderings of Buildings & Residential Design Standards:Section 505.07 Subd. 12 is intended to promote variety, diversity, lifestyle (rural,suburban, and lakeshore) and means for pedestrian movements in residentialdevelopment in keeping with the character of the city. Developments whichcontain 10 or more single family, detached dwelling units will have at least 4different housing models. Since only 3 units are being proposed, this will not berequired.

• Homeowners Association & Subdivider’s Agreements:Since there are no proposed improvements or common areas, a homeowner’sassociation and subdivision agreement should not be necessary. However, ascontinually stated, if a street or outlot is required, this should be revisited,especially a subdivision agreement.

• Park Dedication:The concept/sketch plan was presented to the Parks Commission at their August13, 2019 meeting for comments and direction. The Parks Commissions reviewedthe required park dedication. After their review, there was unanimous consent torequire cash-in-lieu of land in the sum of 5% of the fair market value for parkdedication with a future preliminary plat application. Absent was Commissioners

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.

Nelson and Dykoski. An appraisal will be required to determine fair market value.

Planning Commission Recommendation: The request was presented to the Planning Commission at their August 26, 2019 meeting. At that meeting, the following motion was made:

Motion by Sandholm, seconded by Livermore to recommend the applicant move forward with the concept / sketch plan with the following recommendations:

1. One driveway for parcel A off of Rainbow cul-de-sac.2. Shared driveway for parcels B and C off of Preserve cul-de-sac.3. No need to revise cul-de-sac on Preserve or connect Rainbow and Preserve.4. The parcels would require variances, which seemed favorable to the commission.5. Explore alternate house designation for parcel C.

Motion passed 7-0. Absent: None

Recommended Action: The City Council should review the above discussion items and make a motion to recommend the Applicant either proceed as presented or outline any specific changes they would like to see with a future preliminary plat application.

Attachments: 1. Location Map2. Applicant Narrative3. Concept Plan4. City Standard Detail Plate STR-065. City Standard Detail Plate STR-09

1200 Rainbow Road

August 8, 2019Map Powered by DataLink from WSB & Associates

1 inch = 752 feet

Date:

Revised:

1. TYPICAL SECTION SHOWN IS THE MINIMUM RESIDENTIAL STREET REQUIREMENT. SEE

NOTE:

24"SELECT GRANULAR BORROW BACKFILL (MNDOT 3149).

8" CLASS 5 AGG. 100% CRUSHED LIMESTONE QUARRY

3"- MN/DOT SPEC 2360 BITUMINOUS NON WEAR COURSE (SPNWB230C)

1 1/2"- MN/DOT SPEC 2360 BITUMINOUS WEAR COURSE (SPWEA240C)

(MNDOT 3138).

SPECIFICATIONS FOR PROJECT SPECIFIC DETAILS.

2. STREET SHALL BE DESIGNED FOR A 30 MPH DESIGN SPEED WITH MINIMUM 0.50%

AND MAXIMUM OF 6.00% GRADE.

3. THE CITY RESERVES THE RIGHT TO INCREASE THE STREET SECTION BASED ON

SOIL CONDITIONS.

R/W

6" MIN.TOPSOIL AND SOD OR SEED

THRU LANE

L

ALL DISTURBED AREAS

60'

C

L

THRU LANE

2.5%

R/W

SHOWN IN PROFILE

FINISHED C AS

2.5%

12'

24'

12'

TYPICAL SECTION

1:4 MAX SLOPE

4

.0

%

3'

4

.0

%

11 1/2" CLASS 5 AGGREGATE BASE

(100% CRUSHED LIMESTONE)

3'

2357 BITUMINOUS TACK COAT

6'

DIT

CH

3'F

RO

M

ED

GE

O

F R

OA

DW

AY

TY

P B

OT

H S

ID

ES

GRAVEL SHOULDER

1

:1

GEOTEXTILE FABRIC (NON-WOVEN, 8 OZ/SY) AS REQUIRED BY THE

ENGINEER.

APPROVED SUBGRADE - 12" MINIMUM SCARIFY AND COMPACT

SUBGRADE AS DIRECTED BY THE ENGINEER.

4. CONSTRUCT FINAL LIFT OF BITUMINOUS WEAR COURSE ONE FREEZE/THAW CYCLE

AFTER UTILITIES ARE INSTALLED.

MNDOT SPEC 2331

JOINT ADHESIVE

5. INSTALL JOINT ADHESIVE (MASTIC) ON ALL COLD LONGITUDINAL CONSTRUCTION JOINTS

FOR HOT MIX ASPHALT PAVEMENTS.

Date:

Revised:

12' 12'

C

L

12' 12'

C

L

12' 12'

C

L

PARKING BOTH SIDES (36 F-F)

PARKING ONE SIDE (32 F-F)

NO PARKING (28 F-F)

2'

LANE LANE

LANE LANE

LANE LANE

R/W

30'

R/W

R/W R/W

R/W R/W

30'

30' 30'

30' 30'

12' 12'

C

L

RURAL (30 FT)

3'

LANE LANE

R/W R/W

30' 30'

2' 2'

3'

3'

1'

1' 12'

1' 1'

NOTE:

TRAILS TO BE LOCATED CONSISTENT

WITH CITY OF MINNETRISTA PARK, TRAIL

AND OPEN SPACE PLAN (2004)

COLLECTOR 80'

MINIMUM WIDTH OF

DEDICATED

RIGHT-OF-WAY

44'

MINIMUM STREET WIDTH

FACE OF CURB TO FACE OF

CURB

LOCAL 60' 28' , 32' , 36'

(1) (2) (3)

STREET WIDTHS WILL BE REVIEWED AND DETERMINED BY THE CITY ENGINEER ON A CASE-BY-CASE BASIS.

(1) CUL-DE-SACS OR STREETS DETERMINED TO HAVE LESS THAN 200 TRIPS/DAY CALCULATE

AT10 TRIPS/HOME/DAY. SIDEWALK IS REQUIRED ON BOTH SIDES OF THE STREET ON 28' F-F

STREETS.

(2) STREETS WITH BETWEEN 200 AND 750 TRIPS/DAY CALCULATED AT 10

TRIPS/HOME/DAY.

SIDEWALK IS REQUIRED ON ONE SIDE OF THE STREET FOR 32' F-F AND 36' F-F STREETS.

(3) MINOR COLLECTORS. STREETS WITH OVER 750 TRIPS/DAY. SIDEWALK IS REQUIRED ON ONE

SIDE OF THE STREET FOR 32' F-F AND 36' F-F STREETS.

(4) TO SAVE TREES OR FOR OTHER ENVIRONMENTAL REASONS, THE CITY ENGINEER MAY

APPROVE A NARROWER STREET WIDTH.

THE FINAL STREET SECTION SHALL BE BASED ON ACTUAL SUBGRADE CONDITIONS AND WILL BE ASSIGNED BY THE

CITY ENGINEER FOLLOWING REVIEW OF SOIL BORINGS.

6' PARKING

5' WALK

6' PARKING

6' PARKING

5' WALK

5' WALK 5' WALK

Date:

Revised:

60'min.

14'

28'

F-F

2

8

'

F

-

F

2

8

'

F

-

F

6

4

'

t

o

P

4

9

'

2

1

'

120'

R=100'

1'

5'

concrete

walk

Property line

B618 concrete curb &

gutter

0

.5

0

%

m

in

. g

r

a

d

e

No Parking

in Cul-de-sac

L

R=5'

NOTE:

1. ALL RADIUS MEASUREMENTS TAKEN FROM FACE OF CURB.

2. ALL CENTER ISLAND SURFACES MUST BE NON-VEGETATION UNLESS PRIVATELY SNOW

PLOWED AND MAINTAINED.

AutoCAD SHX Text
Special Details
AutoCAD SHX Text
145°
AutoCAD SHX Text
CUL-DE-SAC WITH
AutoCAD SHX Text
ISLAND FOR A 60' R/W
AutoCAD SHX Text
STR-09
AutoCAD SHX Text
NOV. 2008

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