HomeMy WebLinkAbout09-15-15 City Council Agenda items 23-28
MAYOR & COUNCIL COMMUNICATION
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DATE: September 15, 2015
REGULAR
ITEM #23
AGENDA ITEM: Approve 2016 Preliminary General Fund & Library Fund Annual Budget
and Tax Levy
SUBMITTED BY: Cathy Bendel, Finance Director
THROUGH: Cathy Bendel, Finance Director
REVIEWED BY: Finance Committee
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ..................................................................Finance Director
- Report/Presentation…………….…Finance Director/Finance Committee Chair
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance Director and Finance Committee
FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: Pursuant to State law regarding the adoption of
the Preliminary 2016 General Fund and Library Fund Levy, the City Council is asked to approve
the Preliminary 2016 Annual Budget and Levy for these two funds. It is recommended that the
City Council pass Resolution 2015-76, thereby approving the Preliminary 2016 General Fund and Library Fund Annual Budget’s and Levies by undertaking the following motion:
“Move to approve Resolution No. 2015-76 adopting the preliminary 2016 General Fund and
Library Fund Annual Budget’s and Levies”
City Council Meeting [Regular Agenda Item 23]
September 15, 2015
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BACKGROUND INFORMATION: The City of Lake Elmo has both the legal and fiduciary
authority and responsibility under Minnesota State Statute to adopt a Preliminary 2016 General
Levy. Typically the City Council adopts a Preliminary Annual Budget at the same time.
Following such adoption, the City Council may lower, but not raise the General and Library Levies and a final Levy and Budget must be adopted by December 31st, 2015
STAFF REPORT: At two Finance Committee meetings, on August 12, 2015 and September 9,
2015 the Finance Committee reviewed the in-depth budget and levy presentation for 2016 related to the General Fund. At the September 9, 2015 Library Board meeting, the Library Board reviewed an in-depth budget and levy presentation for 2016 related to the Library Fund.
After various discussions, the City Council is respectfully being asked that these Preliminary
Annual Budgets and Levies be adopted.
RECOMMENDATION: It is recommended that the City Council pass Resolution 2015-76,
thereby approving the Preliminary 2016 General Fund and Library Fund Annual Budget’s and
Levies by undertaking the following motion:
“Move to approve Resolution No. 2015-76 adopting the preliminary 2016 General Fund and
Library Fund Annual Budget’s and Levies”
ATTACHMENT:
1. Resolution No. 2015-76 2. Preliminary 2016 General Fund Budget
3. Preliminary 2016 Library Fund Budget
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2015-76 RESOLUTION APPROVING PROPOSED 2015 TAX LEVY, COLLECTIBLE IN 2016
AND
PROPOSED 2016 BUDGET
WHEREAS, the City Council has conducted budget workshops and meetings to review the 2015
Tax Levy, collectible in 2016, and the proposed 2016 General Fund and 2016 Library Fund Budgets; and
WHEREAS, the City is required to adopt a proposed budget for payable 2016 and certify its proposed property tax levy payable in 2016.
BE IT RESOLVED that the City adopts the proposed 2016 General Fund and Library Fund
Budgets,
BE IT FURTHER RESOLVED by the Council of the City of Lake Elmo, County of
Washington, Minnesota that the following proposed sums of money be levied for the current year, collectible
in 2016, upon taxable property in the City of Lake Elmo, for the following purposes:
Total General Fund Levy $2,712,400 Total G.O. Debt Levy $ 664,541
Library Levy $ 256,957
Total Levy $3,633,898
BE IT FUTHER RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota.
ADOPTED, by the Lake Elmo City Council on the 15th day of September, 2015.
______________________________ Mike Pearson
Mayor ATTEST:
__________________________________
Julie Johnson
City Clerk
MAYOR & COUNCIL COMMUNICATION
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DATE: September 15, 2015 REGULAR ITEM # 24 RESOLUTION 2015-070
AGENDA ITEM: Savona 3rd Addition Residential Subdivision – Final Plat
SUBMITTED BY: Kyle Klatt, Community Development Director
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Planning Commission Jack Griffin, City Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .....................................Community Development Director
- Report/Presentation………………………...Community Development Director
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECCOMENDER: The Planning Commission is recommending that the City
Council approve a final plat request from Lennar Corporation for the third phase of a planned 310 unit residential development to be located on 112.6 acres west of Keats Avenue and within
the City’s I-94 corridor planning area. The final plat will include 21 single-family lots and 99
single-family attached units (townhouses) all of which will be accessed via 5th Street.
The Planning Commission considered the final plat at its August 24, 2015 meeting and a summary of the Commission’s report and recommendation is included below.
FISCAL IMPACT: TBD – the City will be asked to review a developer’s agreement
concerning the final plat at its September 1, 2015 meeting. The subdivision is included in the
Section 34 utility project area, and therefore the developer has been assessed for the costs of the project to bring sewer and water to the site.
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request from Lennar Corporation for approval of a final plat for the third phase of the Savona
City Council Meeting [Regular Agenda Item 14]
September 1, 2015
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residential development. The final plat includes 21 single-family residential lots, 99 single-
family attached townhouse units, and the related construction plans for the improvements
necessary to serve these homes. The City Council approved the Savona Preliminary Plat on
August 6, 2013, which covered approximately 113 acres of land within the I-94 Corridor planning area. There are 310 single family and multi-family residential units planned within the
entire subdivision, and the final plat covers only a portion of the overall total of units that will
eventually be platted.
The Planning Commission considered this matter at its August 24th meeting and recommended approval of the final plat as presented and subject to conditions of approval.
The suggested motion to adopt the Planning Commission recommendation is as follows:
“Move to adopt Resolution No. 2015-070 approving the final plat for Savona 3rd Addition” LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The Planning
Commission considered the final plat at its August 25th meeting, and recommended approval of
the request with modifications to the conditions of approval as drafted by Staff. In particular, the
Commission:
• Added safety fencing to the list of improvements in Condition #8.
• Included a condition that requires the Parks Commission to review the proposed private park improvements within the townhouse area.
• Added a condition that all special assessments for the property to be subdivided with
third addition be paid off with the final plat.
• Added a condition that the City’s landscape architecture consultant review the area around the retaining wall in the southeast portion of the site.
In order to provide the City Council with a complete description of the information considered by the Planning Commission, Staff has attached the detailed report that was submitted to the Commission in advance of its meeting. These reports include detailed information concerning
the final plat in addition to the staff review and analysis of the request.
Since the Planning Commission meeting, the developer has submitted an updated landscape plan for all portions of Savona, including the third addition, to incorporate the final landscaping details for 5th Street as recently approved by the City Council. The updated plan is included as
part of the Council Packet.
The Planning Commission adopted a motion to recommend approval of the final plat consistent with the findings as noted in the attached resolution and including all conditions of approval as listed in the resolution. The motion passed unanimously (7 ayes and 0 nays).
BACKGROUND INFORMATION (SWOT):
City Council Meeting [Regular Agenda Item 14]
September 1, 2015
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Strengths • The proposed plat is consistent with preliminary plat subject to
the conditions being recommended by Staff and the Planning Commission.
Weaknesses • Several conditions of approval must be met by the applicant,
including revisions to the final construction plans to address
comments from the City Engineer.
Opportunities • Building activity within Savona is progressing at a very steady pace; platting of the third addition will help Lennar keep up with
the demand.
Threats • None
RECOMMENDATION: The Planning Commission and Staff are recommending that the City
Council approve the final plat for Savona 3rd Addition with 13 conditions of approval. The
suggested motion to adopt the Planning Commission recommendation is as follows:
“Move to adopt Resolution No. 2014-070 approving the final plat for Savona 3rd Addition”
ATTACHMENTS:
1. Resolution No. 2014-070
2. Planning Commission Staff Report – 8/24/15 3. Application Forms 4. City Engineer Review Letter
5. Valley Branch Watershed District Review
6. Permanent Public Street Easement Agreement
7. Savona 3rd Addition Final Plat 8. Construction Plans: Grading, Drainage, and Erosion Control
9. Construction Plans: Sanitary Sewer, Water Main, Storm Sewer and Streets
10. Savona 3rd Addition Landscape Plans (Updated Since Planning Commission Meeting)
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CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-070
A RESOLUTION APPROVING A FINAL PLAT FOR SAVONA 3RD ADDITION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and
WHEREAS, U.S. Home Corporation (d/b/a Lennar), 16305 36th Avenue North, Suite
600, Plymouth, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Savona 3rd Addition, a copy of which is on file in the City of Lake Elmo
Community Development Department; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 22,
2013 to consider the Savona Preliminary Plat and continued discussion on the Preliminary Plat until its July 29, 2013 meeting; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Preliminary Plat as part of a memorandum to the City Council
for the August 6, 2013 City Council Meeting; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Preliminary Plat; and
WHEREAS, the City Council reviewed the Preliminary Plat request at its August 6, 2013 meeting and adopted Resolution No. 2013-064 approving the Preliminary Plat; and
WHEREAS, the Lake Elmo Planning Commission met on August 24, 2015 to review the
Final Plat for Savona 3rd Addition consisting of 21 single-family detached residential lots and 99
single-family attached residential units; and
WHEREAS, on August 24, 2015 the Lake Elmo Planning Commission adopted a motion
to recommend that the City Council approve the Final Plat for Savona 3rd Addition with
conditions; and
WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Savona 3rd Addition at a meeting held on September 1, 2015;
and
NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following:
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FINDINGS
1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City
Code, Section 153.08.
2) That all the requirements of said City Code Section 153.07 related to the Final Plat have been
met by the Applicant.
3) That the proposed Final Plat for Savona 3rd Addition consists of the creation of 21 single-family detached residential lots and 99 single-family attached residential units.
4) That the Final Plat is consistent with the Preliminary Plat and Plans as approved by the City
of Lake Elmo on August 8, 2013 and revised on November 25, 2013.
5) That the Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
6) That the Final Plat complies with the City’s Urban Low Density Residential and Medium
Density Residential zoning districts. 7) That the Final Plat complies with all other applicable zoning requirements, including the
City’s landscaping, storm water, sediment and erosion control and other ordinances, except
as noted in this report or attachments thereof.
8) That the Final Plat complies with the City’s subdivision ordinance.
9) That the Final Plat is consistent with the City’s engineering standards with the plan revisions
as requested by the City Engineer.
10) That the Permanent Public Street Easement Agreement as filed and recorded with Washington County sufficiently addresses previous conditions of approval for Savona that
required the platting of 5th Street to coincide with future project phases.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve
the Final Plat for Savona 3rd Addition subject to the following conditions:
1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water
management plans, and street and utility construction plans shall be reviewed and
approved by the City Engineer prior to the recording of the Final Plat. All changes and
modifications to the plans requested by the City Engineer in review memo dated 8/20/15
shall be incorporated into these documents before they are approved.
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2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City
Council that delineates who is responsible for the design, construction, and payment of
the required improvements with financial guarantees therefore. These improvements shall include the play equipment located in the private park area north of Block 11.
3) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the execution of the final plat by City Officials.
4) A Common Interest Agreement concerning management of the common areas of Savona and establishing a homeowner’s association shall be submitted in final form to the
Community Development Director before a building permit may be issued for any
structure within this subdivision. The applicant must create a separate agreement for the
single-family attached lots. Said agreements shall comply with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of control to the future property owners. The applicant shall also enter into a maintenance agreement with the
City that clarifies the individuals or entities responsible for any landscaping installed in
areas outside of land dedicated as public park and open space on the final plat.
5) The final landscape plan shall be updated to address the review comments from the City’s landscape architecture consultant and shall incorporate all design elements as specified in
the City’s 5th Street Standard Details and Design Book.
6) The developer shall provide signed easement documents to verify that the proposed grading activity on property presently owned by MFC Properties, Walter Ebertz, and DPS-Lake Elmo, LLC will be allowed.
7) All multi-purpose trails that are depicted on the approved preliminary development plans
shall be constructed as part of any subsequent final plat within Savona. 8) The proposed retaining wall east of Block 13 must be designed by a professional engineer
registered in the state of Minnesota and must comply with all applicable building codes
and any other authorities with jurisdiction for the wall, safety fencing, and proposed
grading adjacent to the wall. 9) The final plat must be updated to document the recorded access and roadway easement
over the future extension of 5th Street adjacent to the Savona subdivision.
10) The developer is encouraged to incorporate elements from the Lake Elmo Theming Study into the final design of the community mailboxes within Savona 3rd Addition.
11) Staff and the Park Commission will review and approve plans for the equipment to be
located in the private townhouse park area and these improvements shall be installed at
the time Block 11 of the townhouse area is constructed.
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12) The City’s landscape architect shall review the plans for the retaining wall and pond
within the Southeast portion of the townhouse area and shall make recommendations for
landscaping that will soften the views and/or screen the wall from Keats Avenue.
13) All special assessments for the property to be subdivided with Savona 3rd Addition shall
be paid in full with the final plat.
Passed and duly adopted this 1st day of September 2015 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor ATTEST:
________________________________
Julie Johnson, City Clerk
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Public sewer and water) Savona 3rd Addition
AGREEMENT dated , 2015, by and between the CITY OF LAKE
ELMO a Minnesota municipal corporation (“City”), and U.S. Home Corporation, d/b/a Lennar
(the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the
plat for Savona 3rd Addition (referred to in this Contract as the "plat"). The land is situated in the County of
Washington, State of Minnesota, and legally described in Exhibit “A”.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition
that the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Unless separate written approval has been given by the City,
within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this agreement has been fully executed by both
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parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat and
required homeowner’s association documents have been recorded with the Washington County
Recorder's Office, and 4) the City’s Community Development Director has issued a letter that all
conditions have been satisfied, a preconstruction conference has been held, and that the Developer may
proceed.
4. PHASED DEVELOPMENT. This plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges and area charges for
sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are
designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be
calculated and imposed when the outlots are final platted into lots and blocks unless previously paid as part
of an earlier development phase.
5. PRELIMINARY PLAT STATUS. The plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within five (5) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this
Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the
residential use, development density, lot size, lot layout or dedications of the approved final plat unless
required by state or federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the
City may require compliance with any amendments to the City's Comprehensive Plan, official controls,
platting or dedication requirements enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans and at the Developer’s sole expense. The plans shall not be attached to this Contract. If the plans
vary from the written terms of this Contract, the written terms shall control. The plans are:
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Plan A – Final Plat
Plan B – Final Grading, Drainage, and Erosion Control Plans
Plan C – Final Sanitary Sewer, Water Main, Storm Sewer, and Street Plans
Plan D – Final Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain
D. Surface Water Facilities (pipe, ponds, rain gardens, etc.)
E. Grading and Erosion Control
F. Sidewalks/Trails
G. Street Lighting
H. Underground Utilities
I. Street Signs and Traffic Control Signs
J. Landscaping and Street Trees
K. Tree Preservation and Reforestation
L. Wetland Mitigation and Buffers
M. Monuments Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the City’s
Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer.
The Developer shall submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer's engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on
a full or part-time basis. The Developer's engineer shall provide for on-site project management. The
Developer's engineer is responsible for design changes and contract administration between the Developer
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and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting
at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the
program for the construction work.
All labor and work shall be done and performed in the best and most workmanlike manner and in
strict conformance with the approved plans and specifications. No deviations from the approved plans and
specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to
furnish to the City a list of contractors being considered for retention by the Developer for the performance
of the work required by the Contract. The Developer shall not do any work or furnish any materials not
covered by the plans and specifications and special conditions of this Contract, for which reimbursement is
expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the
specifications.
9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement,
the Developer shall submit an escrow for City Engineering Administration and Construction Observation
in an amount provided under paragraph 36. Summary of Cash Requirements. Thereafter, the
Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all
engineering administration and construction observation performed during the construction of the plat.
After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until said escrow
has been replenished in its full amount. City engineering administration will include monitoring of
construction progress and construction observation, consultation with Developer and his engineer on
status or problems regarding the project, coordination for testing, final inspection and acceptance, project
monitoring during the warranty period, and processing of requests for reduction in security.
Construction observation may be performed by the City's in-house staff or consulting engineer.
Construction observation shall include, at the discretion of the city, part or full time inspection of proposed
public utilities and street construction. Services will be billed on an hourly basis.
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The direction and review provided through the inspection of the improvements should not be
considered a substitute for the Developer required management of the development. Developer will cause
the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the
commencement of construction of each type of Improvement. City shall inspect all Developer Installed
Improvements during and after construction for compliance with approved plans and specifications.
Developer will notify the City Engineer at such times during construction as the City Engineer requires for
inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or
joint venture relationship between the City and Developer is thereby created.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to:
A. Right-of-Way Excavations and Obstructions:
• City of Lake Elmo, Right-of-Way Utility Installation(s)
• City of Lake Elmo, Right-of-Way Obstruction(s)
• Washington County, Utility Installations(s)
• Washington County, Street or Driveway Access(s)
• Minnesota Department of Transportation, Utility Installation • Minnesota Department of Transportation, Right-of-Way Permit B. Watermain Extensions:
• Minnesota Department of Health C. Sanitary Sewer Extensions:
• Minnesota Pollution Control Agency
• Metropolitan Council Environmental Services D. Stormwater Management:
• Valley Branch, Brown’s Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control:
• Minnesota Pollution Control Agency, General NPDES Stormwater Permit
• SWPPP (Stormwater Pollution Prevention Plan)
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F. Wetland Mitigation:
• Board of Water and Soil Resources, WCA
G. Construction Dewatering:
• Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by October 31, 2016, with the exception of the final wear course of asphalt on streets.
The Developer shall have the option of installing the wearing course of streets within one (1) year following
initial commencement of work on the required basic improvements or installing it after the first course has
weathered a winter season, consistent with warranty requirements, however final acceptance of the
improvements will not be granted until all work is completed including the final wear course. The Developer
may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned
upon updating the security posted by the Developer to reflect cost increases and amending this agreement
to reflect the extended completion date. Final wear course placement outside of this time frame must have
the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the subdivision via
5th Street. No construction traffic is permitted on other adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
developer to construct the improvements in a sequence which will allow progress and compliance points
to be measured and evaluated. The Developer and/or their representatives are required to supervise
and coordinate all construction activities for all improvements and must notify the City in writing stating
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when the work is ready for the inspection at each of the measurable points defined in the following
paragraphs 16, 17, and 18. For the purpose of this paragraph, Electronic message (email) shall be
deemed an acceptable method of notification provided it is captioned “Notice pursuant to Development
Agreement”.
16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. Erosion control practices
must comply with the approved plans and specifications for the plat, with all watershed district permits and
with Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional
erosion control requirements as deemed necessary. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but
failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the
Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the
City may draw down the security to pay any costs. No development, utility or street construction will be
allowed and no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
If building permits are issued prior to the acceptance of public improvements, the developer
assumes all responsibility for erosion control compliance throughout the plat and the City may take such
action as allowed by this agreement against the Developer for any noncompliant issue as stated above.
Erosion control plans for individual lots will be required in accordance with the City’s building permit
requirements, or as required by the City or City Engineer.
17. GRADING PLAN. The plat shall be graded in accordance with the approved grading
drainage and erosion control plan, Plan "B". The plan shall conform to Engineering Design and
Construction Standards Manual. All grading shall be completed within the Subdivision prior to the
preparation and submittal of the as-constructed grading plan.
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Within thirty (30) days after completion of the grading, the Developer shall provide the City with a
"record" grading plan certified by a registered land surveyor or engineer that all trails, ponds, swales, and
ditches have been constructed on public easements or land owned by the City. The "record" plan shall
contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and
elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches,
locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top
and bottom of retaining walls. The City will not issue any building permits until the approved certified
record grading plan is on file with the City.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain,
and streets shall be installed in accordance with the approved Plans and Specifications for Public
Improvements, Plan "D". The plan shall conform to the City’s Engineering Design and Construction
Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, the boulevards
graded, street signs installed, and all restoration work on the site shall be completed in accordance with the
approved plans. Once the work is completed, the developer or its representative shall submit a written
request to the City asking for an inspection of the initial improvements. The City will then schedule a walk-
through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list
provided by the City, the punch list items must be completed by the Developer and the City notified to re-
inspect the improvements. The final bituminous wear course may be installed in accordance with
paragraph 12. above.
19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be
responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs
shall be placed when hazards develop in streets to prevent the public from traveling on same and
to direct attention to detours. If and when streets become impassable, such streets shall be
barricaded and closed. In the event residences are occupied prior to completing streets, the Developer
shall maintain a smooth surface and provide proper surface drainage to insure that the streets are
passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets
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within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the
street from Developer’s operation. The Developer may request, in writing, that the City keep the streets
open during the winter months by plowing snow from the streets prior to final acceptance of said
streets. The City shall not be responsible for repairing the streets because of snow plowing
operations. Providing snow plowing service does not constitute final acceptance of the streets by the
City. The Developer shall contract for street cleaning within and immediately adjacent to the
development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of
this contract shall be approved by the City before grading is started. The contract shall provide that
the City may direct the contractor to clean the streets and the contractor will bill the Developer.
20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract, the improvements lying within public easements shall become City property.
Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete
set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City’s
Engineering Design and Construction Standards Manual together with the following affidavits:
- Developer/Developer Engineer’s Certificate
- Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All
necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon
review and verification by the City Engineer, the City Engineer will accept the completed public
improvements.
21. PARK DEDICATION. The Developer has previously submitted a payment for park
dedication requirements for all the areas to be platted within the Savona Preliminary Plat and paid said
fee as part of the Savona Development Contract. No additional fees in lieu of land dedication are
required for the plat.
22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC)
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and all water availability charges (WAC) with respect to the Improvements required by the City and any
state or metropolitan government agency.
The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the
Developer prior to the City recording the final plat. The total amount to be paid by the Developer is
$360,000 (120 single family lots).
The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the
Developer prior to the City recording the final plat. The total amount to be paid by the Developer is
$360,000 (120 single family lots). In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met
Council sewer availability charge in the current amount of $2,435.00 per REU, and a water connection
charge in the current amount of $1,000.00 per REU will be collected by the City at the time the building
permit is issued for each lot. These amounts are charged at the time of building permit in accordance with
the latest City fee schedule.
23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the
public street improvements, and the installation costs shall be included in the street construction
calculations.
24. STREET LIGHTS. The Developer is responsible for the installation of street lights
consistent with a street lighting plan approved by the City. The Developer shall coordinate the
installation of street lights with Xcel Energy in conjunction with the other improvements, and agrees to
pay Xcel Energy for all upfront costs associated with the street lighting system, including underground
cables, posts, lamps, ballasts, starters, photocells, and glassware. All street lights will be leased by the
City upon final acceptance of the system. The Developer shall also pay $987 in payment for the first
year operating costs for street lights.
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25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration
in accordance with the approved Plans and Specifications and in accordance with any applicable
Watershed or agency Permits. If the mitigation work is found to be incomplete or restoration is
unsuccessful the City may draw down the security at any time during the warranty period if the Developer
fails to take corrective measures to be used by the City to perform the work.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all
public and private streets prior to issuance of any building permits, except two model homes on lots
acceptable to the Community Development Director.
B. Prior to issuance of building permits, wetland buffer monuments shall be placed in
accordance with the City’s zoning ordinance. The monument design shall be approved by the
Community Development Department.
C. Written certification of the as-constructed grading must be on file at the City for the
block where the building is to be located.
D. Breach of the terms of this Contract by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits and/or withholding of other permits,
inspection or actions, including lots sold to third parties, and the halting of all work in the plat.
E. If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, their contractors, subcontractors,
materialmen, employees, agents, or third parties.
F. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and approved by the City
Engineer.
G. The City will not issue a certificate of occupancy for any building constructed on
any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public
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sewer and water, curbing, and one lift of asphalt is installed on all public and private streets; all utilities
are tested and approved by the City Engineer; and the as- constructed grading must be on file at
the City for the block where the building is to be located.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that
work required by this Contract has been performed, the sums due them have not been paid, and the
laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the
City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit
the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine payment of attorneys' fees pursuant to this
Contract.
B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to legal, planning,
engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and expenses
incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at
the time, must be fully paid prior to execution and release of the final plat for recording.
C. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including reasonable engineering and attorneys' fees.
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E. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall
be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will
provide copies of detailed invoices of the work performed.
28. CITY PAYMENTS. In the event City payments are required by Section 28.A below, within
thirty (30) days of the City’s final acceptance of the Improvements, pursuant to Section 20 of the Contract,
but only if the Developer is not in default to this Contract, the City shall pay to the Developer the sums set
forth in the attachment to this Contract as Exhibit B. The actual amount of the reimbursement shall be as
defined below once the City verifies the improvements have been constructed per Plan based on actual
construction costs which will be verified by the Developer to the City in the Plans submitted to the City as
required in Section 19. This payment by the City shall be the City’s only responsibility with regard to
construction of the Improvements and in no case shall act as a waiver of any other right of the City under
this Contract or under applicable laws, ordinances or rules.
A. City payments pursuant to Trunk Watermain oversize costs from 8-inch to 12-inch
watermain for this Contract shall be: $ 12,045
29. SPECIAL PROVISIONS. The following special provisions shall apply to the
Plat:
A. Implementation of the recommendations listed in the August 20, 2015
Engineering memorandum.
B. Upon execution of the final plat, the Developer shall convey Outlots A, B and C to
the City by warranty deed, free and clear of any and all encumbrances.
C. The Developer shall install a temporary turnaround on any streets that will be
Formatted: Highlight
Formatted: Highlight
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extended into adjacent developments in the future as directed by the City Engineer.
D. The Developer shall enter into a maintenance agreement with the City that clarifies
the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as
public park and open space on the final plat.
E. A building permit may not be granted for more than half of the residential units
depicted on the Savona preliminary plat (155) until a second access is provided to the subdivision, either
via a connection to Hudson Boulevard to the south, Inwood Avenue (CSAH 13) to the west, or back to
Keats Avenue (CSAH 19) through the property north of Savona.
F. The developer shall provide signed easement documents to verify that the proposed
grading activity on property presently owned by MFC Properties, Walter Ebertrz, and DPS Lake Elmo, LLC
will be allowed.
30. MISCELLANEOUS.
A. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
B. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls identified on the development plans or by special conditions referred to in
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
C. Appropriate legal documents regarding Homeowner Association documents,
covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by
the City Attorney, shall be filed with the final plat. No third- party beneficiary status is hereby conferred.
All outlots and common areas, including Outlots D, E, F, G, H, I, J, K, L, M, and N shall be maintained in
15
good order and repair by a homeowner’s association, and, if it does not do so, then the City may perform
the work and assess the costs against the individual lots within the plat of Savona 2nd Addition and
without regard to the formalities or requirements of Minn. Stat. § 429.
D. Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City
signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written
notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer has fee
title to the property being final platted and/or has obtained consents to this Contract, in the form attached
hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the
property being final platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
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I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
J. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City’s demand, the Developer shall cease work until there is compliance.
31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement
and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the
following events:
A. Subject to unavoidable delays, failure by Developers to commence and complete
construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement.
B. Failure by Developers to substantially observe or perform any material covenant,
condition, obligation or agreement on their part to be observed or performed under this Agreement.
32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to
any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed
instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from Developers, deemed adequate by the City, that Developers will cure their default and
continue their performance under the Agreement. Suspension of performance includes the right of the City
to withhold permits including, but not limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
17
necessary for the City to secure performance of any provision of this agreement or recover any amounts
due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this
Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City
may undertake to do the work and assess the costs to the individual lots within the plat without regard to the
formalities or requirements of Minn. Stat. § 429..
33. ENFORCEMENT BY CITY; DAMAGES. The Developers acknowledge the right of the
City to enforce the terms of this Agreement against the Developers, by action for specific performance or
damages, or both, or by any other legally authorized means. The Developers also acknowledge that their
failure to perform any or all of their obligations under this Agreement may result in substantial damages to
the City; that in the event of default by the Developers, the City may commence legal action to recover all
damages, losses and expenses sustained by the City; and that such expenses may include, but are not
limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
34. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either
a letter of credit or cash escrow for twenty-five percent (25%) of the amount of the original cost of the
improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City acceptance
of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year
from the date of final written acceptance, unless the wearing course is placed during the same construction
season as the bituminous base course. In those instances, the Developer shall guarantee all work,
including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a
period of two (2) years from the date of final written City acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is two growing seasons
18
following installation.
D. The required warranty for landscaping within storm water infiltration areas (Outlot C)
shall be three (3) years following installation. The developer shall also enter into a maintenance agreement
with the City for a period of three (3) years prior to acceptance of the landscaping for within these storm
water infiltration areas. Said maintenance agreement shall include requirements for the proper care of
native plantings and the elimination of weeds and invasive species.
35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this agreement, payment of special assessments, payment of the costs of all public improvements,
and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of
credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of
Credit ("security") for $3,238,764. The amount of the security was calculated as follows:
CONSTRUCTION COSTS: COST (125%) 1) Grading Covered in separate grading agreement
2) Sanitary Sewer
$ 345,301 $ 431,626
3) Watermain
$ 503,113 $ 628,891
4) Streets $ 1,168,007 $ 1,460,008
5) Surface Water Facilities (pipe, ponds, rain gardens, etc.)
$ 333,140 $ 416,425
6) Erosion Control $133,732 $167,165
7) Sidewalks/Trails Included with streets
8) Street Lighting
Xcel to Install, to be pre-paid directly by developer
9) Street Signs and Traffic Control Signs
Included with streets
10) Landscaping $95,218 $119,023
11) Tree Preservation and Restoration N/A N/A
12) Wetland Mitigation and Buffers
Separate letter of credit through Watershed District
19
13) Monuments $6,000 $7,500
14) Miscellaneous Facilities
N/A N/A
15) Developer’s Record Drawings
$6,500 $8,125
Construction Sub-Total $ 2,591,011
Total Project Securities (at 125% Construction Costs) $ 3,238,764
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security for any violation of
the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If
the required public improvements are not completed at least thirty (30) days prior to the expiration of the
security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure
the default.
36. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
of proof satisfactory to the City Engineer that work has been completed and financial obligations to the
City have been satisfied, with City Engineer approval the security may be reduced as follows:
A. Upon completion of grading operations, including temporary site restoration,
Developer shall submit an as-built grading survey to the City. Upon inspection of the site and approval
of the as-built survey by the City, 100%, or $127,000 of the grading security (associated with the separate
grading agreement for Savana 3rd Addition) shall be released.
B. Up to 75% of the remaining security provided in accordance with paragraph
33 may be released at the following stages of construction and project approvals by the City.
a. Construction Categories 2 and 3: The amount of $795,387 may be
released when all sanitary sewer and watermain utilities have been installed, all testing has been
successfully completed, utility record drawings have been verified, and the utilities are considered ready
for use by the City Engineer.
20
b. Construction Categories 4-7: The amount of $1,532,699 may be released
when all streets, sidewalks, trails, storm sewer, and storm water facilities have been installed and
tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective
work for any identified punch list items, but not including the final wear course.
c. Construction Categories 8-15: The amount of $ 100,986 may be released
when all remaining Developer’s obligations under this Agreement have been completed and the
Public
Improvements have been found to be complete to the satisfaction of the City including all corrective work
for any identified punch list items, but not including the final wear course.
C. The final portion of the remaining security amounts in paragraph 33 above
(25%) shall be retained as security until: (1) all improvements have been completed, including bituminous
wear course, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
City satisfied, (4) the required "record" plans have been received and approved by the City, (5) a
warranty security is provided, and (6) the public improvements are accepted by the City.
36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City at the time of final plat approval:
Sewer Availability Charge (SAC) $360,000
Water Availability Charge (WAC) $360,000
Park Dedication
N/A
Street Light Operating Fee
$987
City Base Map Upgrading $3,000
City Engineering Administration Escrow
$50,000 (Based on two months of administration/observation)
Special Assessment Payoff
(120 99 lots @ 2,561 and 21 lots @ $ 3,464.55)
$415,746326,294
Total Cash Requirements $1,189,733
Formatted: Highlight
21
37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16305 36th Ave N, Suite 600. Plymouth, MN 55446. Notices to the City shall be in
writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in
care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N.
Lake Elmo, Minnesota 55042.
38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership
of the property being platted by way of an attorney’s title opinion or title insurance policy dated not earlier
than thirty (30) days prior to the execution of the plat.
CITY OF LAKE ELMO (SEAL)
BY: , Mayor
AND , City Clerk DEVELOPER:
BY:
Its
22
STATE OF MINNESOTA ) ( ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2 , by and by , the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ______ day of , 2____________, by the of .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
23
FEE OWNER CONSENT
TO DEVELOPMENT CONTRACT
, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 .
STATE OF MINNESOTA ) ( ss. COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2 , by .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
24
MORTGAGE CONSENT
TO DEVELOPMENT CONTRACT
, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 .
STATE OF MINNESOTA ) ( ss. COUNTY OF )
The foregoing instrument was acknowledged before me this day of _, 2 , by .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
25
EXHIBIT “A” TO
DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Savona 3rd Addition
Outlots C, D and F, Savona 2nd Addition, according to the recorded plat thereof, Washington County, Minnesota
26
EXHIBIT “B” TO DEVELOPMENT CONTRACT
City Oversizing Payment Calculation ______________________________
27
IRREVOCABLE LETTER OF CREDIT
No. Date:
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $_ , available to you by your draft drawn on sight on the undersigned bank at its offices in Minnesota. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 , of (Name of Bank) ";
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_ _. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY:
Its
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: 09/15/2015
REGULAR AGENDA
ITEM #26
AGENDA ITEM: Plat Approval Process/Conditions of Approval
SUBMITTED BY: Councilmember Fliflet
THROUGH: Administration
REVIEWED BY: Councilmember Fliflet
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ........................................................ Councilmember Fliflet
- Report/Presentation…………………………………………Councilmember Fliflet
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Councilmember Fliflet
FISCAL IMPACT: Unknown
SUMMARY AND ACTION REQUESTED:
Council is being asked to discuss the process under which plats are brought forward for approval. Several areas of concern have been identified including:
• Parks Commission concerns and recommendations not being brought forward with the Plat approval
(this was brought up and identified as a problem at our joint council/parks commission meeting)
• Landscape architect concerns and recommendations not being brought forward with the Plat approval (this was brought forward as a concern by our landscape architect)
• The number of conditions accompanying plat approvals
• The follow up to ensure all conditions are met following plat approvals
• The follow up to ensure landscape plans and other items are in compliance with approved plats
• Developers granted permission for grading before tree preservation plans have been discussed and
adopted
• Release/reallocation of special assessments/liens with the county without City Council approval
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: 9/15/15
REGULAR
ITEM # 28
AGENDA ITEM: Water and Sewer Projected Fund Balances Discussion
SUBMITTED BY: Clark Schroeder Interim City Administrator
THROUGH: Cathy Bendel
REVIEWED BY: Cathy Bendel
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation…………………………………………City Administrator
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: City Council
FISCAL IMPACT: None
SUMMARY AND ACTION REQUESTED:
A request was made by Mayor Pearson to have an updated “pro-forma” model run to be able to
review the City Water and Sewer Fund components of the model (the model also generates
projections for the General and Storm Water Funds). The model contains a number of key
drivers including the development build out and timing, building type (Commercial or Residential), 5 year CIP items and related bonding and special assessments and timing, timing of
repayments to developers for pipe over sizing, the specific operational assumptions etc.
The current balance of these funds is healthy due to prepayments of availability fees by the land
owners on the Lake Elmo Avenue water line. However, the concern is whether the City will have any long term cash flow issues over the life of the debt repayment stream.
The water and sewer segments of the model are attached. The build outs included in the model
are those contractually committed to by the City. Please note that the results are changing daily
as new homes are built and phases of developments are released.
City Council Meeting [Regular Agenda Item 28]
September 15, 2015
-- page 2 --
RECOMMENDATION:
It is the recommendation of Staff that the summary reports generated by the pro-forma model be part of the monthly financial reporting packet presented to the City Council each month.
ATTACHMENTS:
• Most recent summary sheet from the Water Fund pro-forma model run 9/4/15
• Most recent summary sheet form the Sewer Fund pro-forma model run 9/4/15