Pursuant to due call and notice thereof, the regular meeting

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