HomeMy WebLinkAbout11-04-2015 City Council Meeting Packet 2 of 2MAYOR AND COUNCIL COMMUNICATION
DATE: 11/4/15
CONSENT
ITEM #: 11
AGENDA ITEM: Reassignment of Inwood development contract
SUBMITTED BY: Clark Schroeder
THROUGH: Clark Schroeder
REVIEWED BY: Dave Snyder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT: NO POLICY BEING DECIDED
SUMMARY AND ACTION REQUESTED: Hans Hagen Homes, Inc., a Minnesota corporation
(“Hagen”) is the developer under that certain Development Contract dated June 9, 2015 by and
between the City of Lake Elmo, a Minnesota municipal corporation (the “City”) and Hagen (the
“Public Sewer and Water Contract”), and that certain Development Contract by and between the
City and Hagen (the “Site Grading Contract”, and collectively with the Public Sewer and Water
Contract, the “Development Contracts”), both of which relate to the development of certain real
property located in the County of Washington, State of Minnesota, and as more particularly
described in the Development Contracts. Hagen is considering the transfer and sale of
substantially all of its assets (the “Asset Sale”), including its rights under the Development
Contracts, to M/I Homes of Minneapolis/St. Paul, LLC, a Delaware limited liability company
(“M/I”), which is an affiliate of M/I Homes, Inc., a public homebuilding company.
BACKGROUND AND STAFF REPORT:
With the reassignment there needs to be a determination of cash escrow that would transfer in this sale
from Hans Hagen to M/I homes. Due to the limited amount of time to prepare this document staff have
not completed the exact amount which will be left to transfer. This amount will be filled in after
consulting with Planning, Finance, and Engineering.
RECOMMENDATION:
Staff recommends the City Council … take the following action / with the following motion:
“Move to reassign development contracts from Hans Hagen Homes to M/L Homes, LLC.”
ATTACHMENT(S): Reassignment contract and Letter from Hans Hagen Home
1
CONSENT AND ESTOPPEL REGARDING DEVELOPMENT CONTRACTS
INWOOD
Hans Hagen Homes, Inc., a Minnesota corporation (“Hagen”) is the developer under that
certain Development Contract dated June 9, 2015 by and between the City of Lake Elmo, a
Minnesota municipal corporation (the “City”) and Hagen (the “Public Sewer and Water
Contract”), and that certain Development Contract dated ______________, 2015 by and between
the City and Hagen (the “Site Grading Contract”, and collectively with the Public Sewer and
Water Contract, the “Development Contracts”), both of which relate to the development of
certain real property located in the County of Washington, State of Minnesota, and as more
particularly described in the Development Contracts. Hagen is considering the transfer and sale
of substantially all of its assets (the “Asset Sale”), including its rights under the Development
Contracts, to M/I Homes of Minneapolis/St. Paul, LLC, a Delaware limited liability company
(“M/I”), which is an affiliate of M/I Homes, Inc., a public homebuilding company. By its
execution of this Consent and Estoppel Regarding Development Contracts (“Estoppel”), the City
hereby represents, warrants, consents, and agrees to the following:
1. The Development Contracts are presently in full force and effect according to their
terms.
2. As of the date of this Estoppel, the cash escrows held by the City pursuant to the
terms of the Development Contracts are as follows:
a. $__________ for the Public Sewer and Water Contract; and
b. $__________ for the Site Grading Contract.
3. To the actual knowledge of the City, and with no duty of the City to investigate or
make further inquiries, Hagen is not in default under the Development Contracts nor
has any event occurred that with the giving of notice or passage of time would
constitute a default under the Development Contracts.
4. Upon closing of the Asset Sale, and in consideration of M/I’s assumption of Hagen’s
obligations under the Development Contracts to be performed after the Asset Sale,
the City (i) consents to the assignment of the Development Contracts, and (ii) agrees
that M/I may enjoy the rights, benefits and obligations of Hagen under the
Development Contracts.
5. The individuals signing below are duly authorized to sign this Estoppel on behalf of
the City.
[Signature Page to Follow]
2
CITY OF LAKE ELMO,
a Minnesota municipal corporation:
By:
Printed Name:
Date:
By:
Printed Name:
Date:
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: November 4, 2015
REGULAR
ITEM 12
AGENDA ITEM: 2016 Street, Drainage & Utility Improvements – Public Improvement
Hearing; Resolution Ordering the Improvement and the Preparation of
Plans and Specifications; Motion to Approve Engineering Design and Construction Support Services Contract
SUBMITTED BY: Ryan Stempski, Project Engineer
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Julie Johnson, City Clerk
Cathy Bendel, Finance Director
Jack Griffin, City Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ...................................................................... City Engineer
- Report/Presentation ................................................................... Project Engineer
- Questions from Council to Staff ............................................. Mayor Facilitates
- Open Public Improvement Hearing; Public Input .................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Engineering.
FISCAL IMPACT: Cost for preparation of plans and specifications and bidding services to be
presented at the City Council Meeting. The 2016 Street, Drainage and Utility Improvements is an estimated $1,409,000 infrastructure
project that will be partially assessed against the benefitting properties consistent with the City’s
Special Assessment Policy. The project is funded through the issuance of general obligation
bonds and special assessments. Ordering the Improvements and authorizing the preparation of plans and specifications commits
the City to incur the engineering costs necessary to complete detailed design and receive
City Council Meeting [Regular Agenda Item 12]
November 4, 2015
-- page 2 --
contractor bids to ready the project for construction in 2016. The council will be asked to award
a contract for construction in April 2016, at which time the City would be asked to commit to the
remaining project costs.
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to open the Public Improvement Hearing for the 2016
Street, Drainage and Utility Improvements; and following the Hearing, consider adopting
Resolution No. 2015-XX Ordering the Improvement and the Preparation of Plans and Specifications; and awarding a Professional Engineering Design and Construction Support
Services Contract. The recommended motions for these actions are as follows:
“Move to adopt Resolution No. 2015-82 Ordering the 2016 Street, Drainage and Utility
Improvements and the Preparation of Plans and Specifications.” and “Move to approve a Professional Engineering Design and Construction Support Services Contract as recommended by the City Engineer.”
LEGISLATIVE HISTORY/BACKGROUND INFORMATION:
Pursuant to Minnesota Statutes, Section 429.011 to 429.111, a Public Improvement Hearing was
noticed for November 4, 2015, to consider making the following improvements:
• Reconstruction of Kirkwood Avenue N from 50th Street to the north cul-de-sac. The improvement includes a new bituminous surface along an existing gravel roadway.
• Reconstruction of Kelvin Avenue N from Old TH 5 to the north cul-de-sac. The report
also recommends improvements to convert a private drive serving 8 residential properties to a public street.
• Resurfacing the streets through a street reclaim within the Stonegate 1st Addition,
including 9th Street N, Jasmine Avenue Place N, and Jasmine Avenue N from 10th Street
to Julep Avenue.
• 12-inch trunk watermain to be extended along Kelvin Avenue N from Kelvin Court to Stillwater Lane. Based upon receipt of a property owner petitions, extension of 6-inch
and 8-inch lateral watermain is considered off of Kelvin Avenue N.
The attached notice was published in the official newspaper and individual notifications were sent to each address that will be wholly or partially assessed for the improvements.
The street improvements proposed in 2016 were identified in the City’s 5-Year Street Capital
Improvement Program. Trunk watermain is to be extended along Kelvin Avenue N per the City’s
2030 Comprehensive Water System Plan. The City is also responding to petitions for municipal water in the Kelvin Avenue area. The feasibility report was adopted by the City Council on
October 6, 2015. The report identifies the necessary improvements, the estimated project costs,
the assessment methodology and preliminary assessment amounts to be levied against properties
adjacent to and benefitting from the improvements.
City Council Meeting [Regular Agenda Item 12]
November 4, 2015
-- page 3 --
The improvements will be funded partially through assessments against the benefitting properties
consistent with the City’s Special Assessment Policy. Assessments for street improvements are
levied over 10 years. Assessments for watermain improvements are levied over 15 years. On October 27, 2015 a property owner meeting was held for each neighborhood to review the
proposed scope of improvements and answer questions from property owners.
To complete the engineering design, the City Engineer prepared and sent out a Request for
Proposal (RFP) for the Engineering Support Services that included topographic survey, the preparation of plans and specifications; plan printing, distribution and bidding services;
construction administration support to the City Engineer, and construction staking. FOCUS
Engineering will provide resident and council communication, conduct public meetings, project
management, coordinate the project permitting, and will provide construction administration
services for the project. FOCUS will also oversee the project design standards and documents to be incorporated with the project plans and specifications. Construction observation services will
be retained at a later date once the project has been bid and awarded for construction.
The RFP was sent to four firms from the City’s Engineering Consultant Pool, including Bolton
and Menk, MSA, SEH, and TKDA. Proposals will be received on October 30, 2015 and will be reviewed and ranked on the following basis:
• Project Team Qualifications with a focus on a Project Manager capable of leading and
delivering a street and utility improvement project.
• Demonstrated understanding and experience with the project and understanding of the
critical success factors.
• Understanding the scope of work and roles and responsibilities of the Consultant.
• Collaboration of skills and responsiveness demonstrated during the RFP submittal process and:
• Engineering Fees, indicating a detailed breakdown that is consistent with the Consultant’s
written proposal and the needs for delivery of a successful project.
A presentation of the results and recommendation of a consultant will be provided at the
Meeting.
RECOMMENDATION:
Staff is recommending that the City Council adopt Resolution No. 2015-82 Ordering the
Improvements and the Preparation of Plans and Specifications for the 2016 Street, Drainage and
Utility Improvements. The recommended motion for this action is as follows:
“Move to adopt Resolution No. 2015-82 Ordering the Street, Drainage and Utility Improvements and the Preparation of Plans and Specifications.”
City Council Meeting [Regular Agenda Item 12]
November 4, 2015
-- page 4 --
Staff is also recommending that the City Council award a Professional Engineering Design and
Construction Support Services Contract for the 2016 Street, Drainage and Utility Improvements.
The recommended motion for this action is as follows:
“Move to approve a Professional Engineering Design and Construction Support Services Contract as recommended by the City Engineer.”
ATTACHMENT(S):
1. Resolution 2015-82 Ordering the Improvements and Preparation of Plans and Specifications.2.Notice of Hearing on Improvement.
3.Preliminary Assessment Roll.4.Location Map.5.Project Schedule.
Resolution No. 2015-82 1
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2015-82
A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2016 STREET, DRAINAGE & UTILITY IMPROVEMENTS
WHEREAS, pursuant a resolution of the city council adopted the 6th day of October, 2015, the council ordered a hearing on Improvement for the 2016 Street, Drainage and Utility Improvements; and
WHEREAS, ten days’ mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 4th day of November, 2015, at which all persons desiring to be
heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated September
2015 states that the project is necessary, cost-effective, and feasible.
NOW, THEREFORE, BE IT RESOLVED,
1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility
Report dated September 2015.
2. Such improvement is hereby ordered as proposed in the council resolution adopted this 4th day of
November, 2015.
3. The city council declares its official intent to reimburse itself for the costs of the improvement
from the proceeds of tax exempt bonds. 4. The city engineer is hereby designated as the engineer for making this improvement. The
engineer, and his consultants, shall oversee the preparation of the Plans and Specifications for the making of such improvement.
5. The city engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the city engineer during the construction phase of the improvement as requested.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF NOVEMBER, 2015.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson Mayor (Seal)
ATTEST: ________________________________
Julie Johnson City Clerk
CITY OF LAKE ELMO
REVISED NOTICE OF HEARING ON IMPROVEMENT
2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will meet in the council
chambers of the city hall at or approximately after 7:00 P.M. on Wednesday, November
4, 2015, to consider the making of the following improvements, pursuant to Minnesota
Statutes, Sections 429.011 to 429.111;
The street improvements include: (1) Reconstruction of Kirkwood Avenue North
from 50th Street North to the north cul-de-sac with a new bituminous surface; (2)
Reconstruction of Kelvin Avenue North from Old TH 5 to the north cul-de-sac.
(3) Resurfacing the street through a street reclaim within the Stonegate 1st
Addition consisting of 9th Street North; Jasmine Avenue Place North; and Jasmine
Avenue North from 10th Street (CSAH 10) to Julep Avenue North.
The associated watermain improvements may also include the extension of
municipal water service along Kelvin Avenue North.
The area proposed to be assessed for the street improvements include the properties
directly abutting and accessing the proposed streets along Kirkwood Avenue North,
Kelvin Avenue North, 9th Street North, Jasmine Avenue Place North, and Jasmine
Avenue North from 10th Street (CSAH 10) to Julep Avenue North. The area proposed to
be assessed for the watermain improvements include the properties proposed to receive
new water service along Kelvin Avenue North.
The estimated total cost of the street improvements is $1,195,000 and the estimated total
cost of the watermain improvements is $214,000. A reasonable estimate of the impact of
the assessment will be available at the hearing. Such persons as desiring to be heard with
reference to the proposed improvements will be heard at this meeting.
DATED: October 6, 2015 October 21, 2015
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
(Published in the Oakdale-Lake Elmo Review on October 14, 2015 and October 21, 2015)
(Published in the St. Paul Pioneer Press on October 22, 2015 and October 29, 2015)
PRELIMINARY PROJECT SCHEDULE
CITY OF LAKE ELMO
2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS
PROJECT NO. 2015.129
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
OCTOBER 2015
August 4, 2015 Council authorizes Feasibility Report.
October 6, 2015 Presentation of Feasibility Report. Council accepts Report and calls Hearing.
November 4, 2015 Public Improvement Hearing. Council orders preparation of Plans and Specifications.
February 16, 2016 Council approves Plans and Specifications and orders Advertisement for Bids.
March 17, 2016 Receive Contractor Bids.
April 5, 2016 Council accepts Bids and awards Contract.
May 2, 2016 Conduct Pre‐Construction Meeting and issue Notice to Proceed.
August 12, 2016 Substantial Completion.
September 30, 2016 Final Completion.
CITY OF LAKE ELMO, MN.SEPTEMBER 2015STREET IMPROVEMENTSKIRKWOOD AVENUE NORTHPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPID AMOUNT1 MANZARA ANTHONY P & SARAH E 5050 KIRKWOOD AVE N LAKE ELMO 55042 0202921430002 13,800.00$ 2 HECTOR WAYNE M & KAREN K SCHNEIDER5110 KIRKWOOD AVE N LAKE ELMO 55042 0202921430003 13,800.00$ 3 THOMPSON CARMEN M & ROBBI 5170 KIRKWOOD AVE N LAKE ELMO 55042 0202921430004 13,800.00$ 4 KRISTENSON ALLAN J & JACQUEL5230 KIRKWOOD AVE N LAKE ELMO 55042 0202921430005 13,800.00$ 5 HESSE RICHARD D & ROSALIE M 5235 KIRKWOOD AVE N LAKE ELMO 55042 0202921420001 55,200.00$ 6 BASARA DOUGLAS J & ELIZABETH J 5300 KIRKWOOD AVE N LAKE ELMO 55042 0202921420002 13,800.00$ 7 LAATSCH JOHN M & MARY CANE LAATSCH 5760 KIRKWOOD AVE N LAKE ELMO 55042 0202921420003 13,800.00$ TOTAL 138,000.00$ ADDRESS
CITY OF LAKE ELMO, MN.SEPTEMBER 2015STREET IMPROVEMENTSKELVIN AVENUE NORTHPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPID AMOUNT1 COMMON GROUND CHURCH 10240 STILLWATER BLVD N LAKE ELMO 55042 1402921320024 13,400.00$ 2 FRENIER ANTOINE & ANDREA MEYER 10240 STILLWATER LN N LAKE ELMO 55042 1402921320016 5,200.00$ 3 HEDQUIST RICHARD A & PATRICI 3440 KELVIN AVE N LAKE ELMO 55042 1402921320014 5,200.00$ 4 CHRISTENSEN CYNDIE 3464 KELVIN AVE N LAKE ELMO 55042 1402921320013 5,200.00$ 5 ROGERS WILLIAM J & JUDY D 3490 KELVIN AVE N LAKE ELMO 55042 1402921320012 5,200.00$ 6 DONNA R HARSTAD TRS 3503 KELVIN AVE N LAKE ELMO 55042 1402921240002 5,200.00$ 7 DONNA R HARSTAD TRS 3503 KELVIN AVE N LAKE ELMO 55042 1402921240006 5,200.00$ 8 CHAVEZ JOSE & JOAN S 3505 KELVIN AVE N LAKE ELMO 55042 1402921240005 5,200.00$ 9 LINDER ALVERT R & JUDITH A3508 KELVIN AVE N LAKE ELMO 55042 1402921320019 5,200.00$ 10 SCHILTGREN ROBERT J TRS & MARY J HOGAN‐SCHILTGREN TR3509 KELVIN AVE N LAKE ELMO 55042 1402921240011 5,200.00$ 11 PAULSON DONALD V & PHYLLIS K3533 KELVIN AVE N LAKE ELMO 55042 1402921240007 5,200.00$ 12 KASK EARLE L & FREYA L3551 KELVIN AVE N LAKE ELMO 55042 1402921240009 5,200.00$ 13 LOOS DAVID S & WENDY 3567 KELVIN AVE N LAKE ELMO 55042 1402921240010 5,200.00$ 14 BUCHHOLTZ THEODORE & EDNA S 3597 KELVIN AVE N LAKE ELMO 55042 1402921240008 5,200.00$ 15 CURRAN PATRICK A & DIANE J 3607 KELVIN AVE N LAKE ELMO 55042 1402921240012 5,200.00$ 16 CURRAN PATRICK A & DIANE J 3607 KELVIN AVE N LAKE ELMO 55042 1402921240013 5,200.00$ 17 FRIEDERICH WILLIAM & CHRISTIN 3691 KELVIN AVE N LAKE ELMO 55042 1402921230003 5,200.00$ 18 BEAUBIEN JEANNE M 3681 KELVIN AVE N LAKE ELMO 55042 1402921240003 5,200.00$ TOTAL 101,800.00$ ADDRESS
CITY OF LAKE ELMO, MN.SEPTEMBER 2015WATERMAIN IMPROVEMENTSKELVIN AVENUE NORTHPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPID AMOUNT1 COMMON GROUND CHURCH 10240 STILLWATER BLVD N LAKE ELMO 55042 1402921320024 11,600.00$ 2 FRENIER ANTOINE & ANDREA MEYER 10240 STILLWATER LN N LAKE ELMO 55042 1402921320016 5,800.00$ 3 HEDQUIST RICHARD A & PATRICI 3440 KELVIN AVE N LAKE ELMO 55042 1402921320014 5,800.00$ 4 CHRISTENSEN CYNDIE 3464 KELVIN AVE N LAKE ELMO 55042 1402921320013 5,800.00$ 5 ROGERS WILLIAM J & JUDY D 3490 KELVIN AVE N LAKE ELMO 55042 1402921320012 5,800.00$ 6 LINDER ALVERT R & JUDITH A 3508 KELVIN AVE N LAKE ELMO 55042 1402921320019 5,800.00$ 7 SCHILTGREN ROBERT J TRS & MARY J HOGAN‐SCHILTGREN TR 3509 KELVIN AVE N LAKE ELMO 55042 1402921240011 5,800.00$ 8 PAULSON DONALD V & PHYLLIS K 3533 KELVIN AVE N LAKE ELMO 55042 1402921240007 12,000.00$ 9 KASK EARLE L & FREYA L 3551 KELVIN AVE N LAKE ELMO 55042 1402921240009 12,000.00$ 10 LOOS DAVID S & WENDY 3567 KELVIN AVE N LAKE ELMO 55042 1402921240010 12,000.00$ 11 BUCHHOLTZ THEODORE & EDNA S 3597 KELVIN AVE N LAKE ELMO 55042 1402921240008 12,000.00$ 12 CURRAN PATRICK A & DIANE J 3607 KELVIN AVE N LAKE ELMO 55042 1402921240012 12,000.00$ 13 DONNA R HARSTAD TRS 3503 KELVIN AVE N LAKE ELMO 55042 1402921240002 24,500.00$ 14 CHAVEZ JOSE & JOAN S 3505 KELVIN AVE N LAKE ELMO 55042 1402921240005 24,500.00$ TOTAL 155,400.00$ ADDRESS
CITY OF LAKE ELMO, MN.SEPTEMBER 2015STREET IMPROVEMENTSSTONEGATE 1ST ADDITIONPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPID AMOUNT1 MONTEITH CURTIS & DEBRA 331 JULEP AVE N LAKE ELMO 55042 3402921230012 6,000.00$ 2 BETZ DOUG M & AMY M 371 JULEP AVE N LAKE ELMO 55042 3402921230013 6,000.00$ 3 CITY OF LAKE ELMO 750 JASMINE AVE N LAKE ELMO 55042 3402921230002 6,000.00$ 4 HOHENWALD MARK 755 JASMINE AVE N LAKE ELMO 55042 3402921230010 6,000.00$ 5 YANG KAY 770 JASMINE AVE N LAKE ELMO 55042 3402921230005 6,000.00$ 6 PETERS PAMELA J 785 JASMINE AVE N LAKE ELMO 55042 3402921230009 6,000.00$ 7 WALLRICH TIMOTHY W & MARILEE A 790 JASMINE AVE N LAKE ELMO 55042 3402921230016 6,000.00$ 8 HENDERSON RANDALL T & GLORIA A 820 JASMINE AVE N LAKE ELMO 55042 3402921230015 6,000.00$ 9 INTIHAR KEVIN & WINDY 829 JASMINE AVE N LAKE ELMO 55042 3402921230006 6,000.00$ 10 LANCETTE MICHAEL & KATHLEEN 832 JASMINE AVE N LAKE ELMO 55042 3402921220010 6,000.00$ 11 BONFE ANTHONY W & MARY E 854 JASMINE AVE N LAKE ELMO 55042 3402921220009 6,000.00$ 12 SKARDA JAMES R & PATRICIA L 868 JASMINE AVE N LAKE ELMO 55042 3402921220008 6,000.00$ 13 JADER GARY C & RICHELLE M 974 JASMINE AVE N LAKE ELMO 55042 3402921220001 6,000.00$ 14 JOHNSON GEORGE N & MARY JAN 867 JASMINE AVE PL N LAKE ELMO 55042 3402921220011 6,000.00$ 15 LARSON SEAN D & LINDA M 871 JASMINE AVE PL N LAKE ELMO 55042 3402921230007 6,000.00$ 16 BRUNO BENJAMIN J 873 JASMINE AVE PL N LAKE ELMO 55042 3402921230008 6,000.00$ 17 JOHN M & KRISTINA W HEILI TRS 875 JASMINE AVE PL N LAKE ELMO 55042 3402921240002 6,000.00$ 18 FITZGERALD THOMAS & MARY 877 JASMINE AVE PL N LAKE ELMO 55042 3402921240001 6,000.00$ 19 OLSON ROBBI J & JILL M 881 JASMINE AVE PL N LAKE ELMO 55042 3402921210003 6,000.00$ 20 IH2 PROPERTY ILLINOIS LP 883 JASMINE AVE PL N LAKE ELMO 55042 3402921210010 6,000.00$ 21 LEARN JAMES W JR & JOAN E 887 JASMINE AVE PL N LAKE ELMO 55042 3402921210009 6,000.00$ 22 SHERRITT BRUCE C & MICHELLE M 9023 9TH ST N LAKE ELMO 55042 3402921220004 6,000.00$ 23 STADICK DANIEL P & JEANNE M 9034 9TH ST N LAKE ELMO 55042 3402921220003 6,000.00$ 24 MILNAR GREGORY B & BEVERLY B 9073 9TH ST N LAKE ELMO 55042 3402921220005 6,000.00$ 25 CHENGSENGPASEUTHAR MAIXI 9106 9TH ST N LAKE ELMO 55042 3402921220002 6,000.00$ 26 NELSON DAVID M & MARYBETH H 9123 9TH ST N LAKE ELMO 55042 3402921220006 6,000.00$ 27 TAYLOR KRISTINA J 9179 9TH ST N LAKE ELMO 55042 3402921220007 6,000.00$ 28 MONICO GINO A & PEGGI A 9251 9TH ST N LAKE ELMO 55042 3402921210008 6,000.00$ 29 ISRAELSON RONALD J & COLLEEN A 9314 9TH ST N LAKE ELMO 55042 3402921210004 6,000.00$ 30 SMORCH TERRANCE M & CAROL K9323 9TH ST N LAKE ELMO 55042 3402921210007 6,000.00$ 31 HOMMERDING JACOB G & AUTUMN P 9386 9TH ST N LAKE ELMO 55042 3402921210005 6,000.00$ 32 MEYER DALE J & GERNES‐MEYER & BERNIECE L GERNES‐ME 9391 9TH ST N LAKE ELMO 55042 3402921210006 6,000.00$ 33 MOREY DARRELL W & CHARLOTTE 2749 HENSLOW AVE OAKDALE 55128 3402921220012 6,000.00$ TOTAL 198,000.00$ ADDRESS
MAYOR AND COUNCIL COMMUNICATION
DATE: 11/4/15
CONSENT
RESOLUTION #
ITEM: #13
AGENDA ITEM: Hammes Plat Extension
SUBMITTED BY: Clark Schroeder, Interim City Administrator
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Clark Schroeder, Interim City Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................... Interim City Administrator - Report/Presentation ..................................................... Interim City Administrator
- Questions from Council to Staff ................................................ Mayor Facilitates
- Public Input, if Appropriate ....................................................... Mayor Facilitates
- Call for Motion .................................................................. Mayor & City Council
- Discussion .......................................................................... Mayor & City Council - Action on Motion ....................................................................... Mayor Facilitates
FINANCIAL IMPACT: Delayed/Lost revenue related to 163 units; General fund impact of
approximately $100k per year, Utility fund access and connection fees of $1.2M, Utility fund
usage revenue of $150k per year and parkland dedication fees of $107k. Risk related to recovery
of utility fund special assessments of $580k.
BACKGROUND AND STAFF REPORT:
On October 7, 2014, the City Council approved the Hammes Estates final plat. At that same
meeting, a draft developer agreement was proposed and approved as well. However, the
developer agreement was never executed due to various issues.
The issues which previously prevented the execution of the developer agreement and the plat
from being recorded have since been mitigated and they would now like to move forward.
However, since plat approval is good for one year, an extension is being sought from the City
Council to allow them to do so.
Opinion from Mr. Snyder.
Setting aside the financial inquiries, my recommendation would be to grant an extension here-as
requested to October. A decision on this subject would be evaluated by the arbitrary and
capricious standard-basically an inquiry into the reasonableness of the council’s decisionmaking.
Since there have been no intervening area-wide zoning changes, no big land-use changes, since
the plat is not proposed to be materially modified and since the extension is, practically
speaking, that of a couple of months, I think an extension would customarily be granted and that
a reviewer would conclude that it should be granted. I do not recommend an extension longer
than that at this time-any subsequent extension should be sought from and considered by Council
at the end of any extension given into next year.
Turning to financial inquiries then, I would defer to Clark and Cathy. As for the specific
question, No, the petition and waiver agreement does not require the city to allow plats or plat
extensions.
The financial aspects of this should, however, be a central area of the council’s understanding of
the implications of an approval or denial of the extension request. Needless to say, if the plat is
allowed to expire and no extension is granted then receipt of infrastructure funding from this
development and any that might rely on it for their own utilities will certainly be delayed, likely
indefinitely and likely for a long time.
S.W.O.T Analysis:
Strengths: Recovery of infrastructure investment via access and connection
fees, ability to collect of special assessments assessed as part of the
section 34 project and generation of on-going utility usage revenue
to strengthen the utility fund balances.
Weaknesses: None identified
Opportunities: Ability to move forward with a previously approved plat.
Threats: Potential for prior developer to place lien on property preventing
build out activity.
.
RECOMMENDATIONS:
“Motion to extend the final plat approval and development contract for two years through
Oct 7th 2016 with the condition that all special assessments be paid at plat, that the
developer’s agreement be signed within 60 days of November 4th 2015, that the agreement
and resolution be reassigned to Hammes Estates from Hammes West, LLC.”
ATTACHMENTS:
1. Request from Eleanor Hammes for an extension
2. Developer Agreement
3. City council packet 10-7-14
(reserved for recording information) DEVELOPMENT CONTRACT
(Public sewer and water) Hammes Estates 1st Addition
AGREEMENT dated_________________, 2015, by and between the CITY OF LAKE
ELMO a Minnesota municipal corporation (“City”), and The Ryland Group, Inc. a Maryland
Corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve t he
plat for Hammes Estates 1st Addition (referred to in this this Contract as the "plat"). The land is situated in
the County of Washington, State of Minnesota, and is legally described as:
That part of the South Half of the Northeast Quarter of Section 34, Township 29 North, Range 21
West, Washington County, Minnesota, EXCEPT the East 60.00 feet of the North 967 feet of said
South Half of the Northeast Quarter thereof. AND EXCEPT Parcel 3 of Washington County Highway
Right of Way Plat 49-19B, recorded September 18, 1985 as Document Number 492530.
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.
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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
parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has
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. HOA DOCUMENTS. The required HOA documents shall be recorded with the Washington
County Recorder’s Office within thirty (30) days of the plat being recorded with the County. 5. 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.
6. 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.
7. 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
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requirements enacted after the date of this Contract.
8. 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:
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
9. 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
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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
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.
10. 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 at normal City
rates for such Services. If the Developer fails to pay the invoiced amount within such 30-day period, and
such failure continues for an additional five (5) business days after written notice from the City of such
failure, 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 4
of the city, part or full time inspection of proposed public utilities and street construction. Services will be
billed on an hourly basis at normal City rates therefore.
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.
11. 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.
12. 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 Watershed District Permit
E. Erosion, Sedimentation Control:
• Minnesota Pollution Control Agency, General NPDES Stormwater Permit 5
• SW PPP (Stormwater Pollution Prevention Plan)
F. Wetland Mitigation:
• Board of Water and Soil Resources, W CA
G. Construction Dewatering:
• Minnesota Department of Natural Resources 13. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by October 31, 2015, 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.
14. 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.
15. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the subdivision via
the planned construction access off of Keats Avenue. No construction traffic is permitted on other
adjacent local streets.
16. 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”.
17. 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.
18. 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.
19. 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 "C". 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. 20. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be
responsible for all street maintenance until the streets are accepted by the City in writing. W arning 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 within and without the
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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.
21. 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.
22. PARK DEDICATION. The Developer shall pay a cash contribution of $ 10 7, 55 4 in
satisfaction of the City's park dedication requirements. This charge is based on the park dedication
requirement for all the areas to be platted within the Hammes Estates Preliminary Plat. No additional fees
in lieu of land dedication will be charged for future developments within the preliminary plat area. The
charge was calculated as follows: 2.1 acres (5.7 acres of park land provided subtracted from 7.8 acres of
park land required) at $51,216 per acre per the submitted appraisal for the property. The Developer shall
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receive a credit from the cash amount due for the actual costs of the North East Park Plan Improvements
depicted in the Final Landscape Plans Dated September 22, 2014. These improvement shall include: 16-
feet by 24-feet shelter, picnic table, bike rack, grill station, retaining wall, fishing pier, canoe rack, concrete
hardsurface, woodland seed mix restoration, landscaping, and parking lot improvements. The Developer
shall deposit $107,554 with the City at time of final plat to be held by the City in escrow until such time as
park improvements have been installed. Upon installation of park improvements, the City shall release the
credited amount to the Developer.
23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC)
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 $171,000.00.
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
$171,000.00.
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.
24. 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.
25. STREET LIGHTS. The Developer is responsible for the installation of street lights
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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 $499.68 in payment for the first year
operating costs for street lights.
26. 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. Prior to the acceptance of the public improvements
for the Hammes Estates plat, all wetland buffers shall be delineated and identified via staking and signage
that is acceptable to the City.
27. 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 five 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
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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
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.
28. 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, and in t he f ut ure event that such claims
have not been resolved by t he Developer wit hin t hirt y (30) days af ter writt en not ice 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
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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.
E. 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.
29. City Payments. In the event city payments are required by Section 29.A below, within
thirty (30) days of the City's final acceptance of the Improvements, pursuant to Section 21 of this
Agreement, but only if the Developer is not in default under this Agreement, the City shall pay to the
Developer the sums set forth in the attachment to this Agreement as Exhibit B. The actual amount of the
reimbursement shall be 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 21. 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 Agreement or under applicable laws, ordinances, or rules.
A. City payments pursuant to this Agreement shall be: $50,045.00
30. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Implementation of the recommendations listed in the September 18,
2014 Engineering memorandum is required along with all conditions of approval listed in any City Council
resolution approving the plat. 13
B. Within thirty (30) days of the plat being recorded at the County, the Developer shall
convey Outlot A and C to the City by warranty deed, free and clear of any and all encumbrances.
C. The Developer shall install a temporary turnaround at the southern end of
June Avenue North until it is extended as part of future phases of the Hammes Estates development.
D. The Developer must obtain a sign permit from the City Building Official prior to
installation of any permanent subdivision identification signs.
F. The Developer shall provide for a minimum green belt/buffer of 100 feet around all of
the adjacent Stonegate subdivision. This buffer shall be secured by a covenant running in favor of the City
and a title commitment issued therefore.
G. All trails shall be located within the easements and dedicated to the City of Lake Elmo.
Title commitments from a regional title company shall be provided for all land so dedicated.
H. The Developer shall be responsible for the construction of all improvements within
the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the
review letter received from the County dated May 6, 2014. The required improvements shall include, but
not be limited to: modifications to the median crossing in this area, continuation of a bituminous trail through
the median, turn lanes, and other improvements as required by the County.
I. The Developer shall observe all other County requirements as specified in the
Washington County review letter dated May 6, 2014.
J. The Developer shall enter into a maintenance agreement with and satisfactory to 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.
K. Any land under which public trails are located will be accepted as park land provided
the Developer constructs said trails within the dedicated areas as part of the public improvements for the
subdivision and easements are provided where required by the City.
L. No more than one hundred units depicted on the preliminary plat (100) may be
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approved as part of a final plat until a second access is provided to the subdivision via a connection through
the property to the south of the Hammes Estates.
M. The Developer shall be responsible to monitor the restored southern shoreline
of Goose Lake for invasive species for a period of 5 years as specified in the MN DNR Public Waters
Work Permit.
N. The Developer shall submit all documentation of remediation activities related to
a recorded soil contamination on the site to the Minnesota Pollution Control Agency for review and approval.
The Developer shall submit the acknowledgment of approval from the Minnesota Pollution Control Agency to
the City prior to the issuance of building permits for all lots in the recorded plat affected by the soil
contamination event. The Developer must submit the acknowledgement of successful remediation from the
MPCA prior to the City’s consideration of subsequent phases of the Hammes Estates development.
31. 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 including Homeowner Association documents,
covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by the
City Attorney, shall be filed within thirty (30) days of the recording of the plat. No third- party beneficiary
status is hereby conferred. All outlots and common areas, including Outlot D, shall be maintained in good
order and repair by a homeowner’s association, and, if it does not do so, then the City may perform the work 15
and assess the costs against the individual lots within the plat of Hammes Estates 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.
I. Each right, power or remedy herein conferred upon the City is cumulative and in 16
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.
32. 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
and the continuance of such failure for a period of thirty (30) days after written notice thereof (provided, however,
that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable
under the circumstances).
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 and the
continuance of such failure for a period of thirty (30) days after written notice thereof (provided, however, that
in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under
the circumstances).
33. 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 17
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
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..
18
34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the
City to enforce the terms of this Agreement against the Developer, by action for specific performance or
damages, or both, or by any other legally authorized means. The Developer also acknowledges that its
failure to perform any or all of its obligations under this Agreement may result in substantial damages to the
City; that in the event of default by the Developer, 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.
35. 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
cash or a letter of credit 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 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
following installation.
D. The required warranty for landscaping within storm water infiltration areas (Outlot A)
shall be three (3) years following installation. The Developer shall also enter into a funded 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.
19
36. 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 $2,880,829.56. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
Streets $489,243.50
Sanitary Sewer $569,227.75
Watermain $359,915.00
Surface Water Facilities (pipe, ponds, rain gardens, etc.) $479,785.50
Grading $25,000.00 Erosion Control $25,801.90
Sidewalks/Trails $117,684.00
Street Lighting Xcel to Install, to be pre-paid directly by Developer
Street Signs and Traffic Control Signs $3,550.00
Landscaping $222,656.00 Tree Preservation and Restoration $3,600.00
Wetland Mitigation and Buffers Separate letter of credit through Watershed District Monuments $5,700.00
Miscellaneous Facilities N/A
Developer’s Record Drawings $2,500.00
Construction Sub-Total $2,304,663.65
Total Project Securities (at 125% Construction Costs) $2,880,829.56
20
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, without notice, 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.
37. 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. Up to 50%, or $1,440,414.78 of the security provided in accordance with paragraph
32. above may be released when: (1) 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; and
(2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided
by the City in writing and satisfactory evidence of payment, such as lien waivers are provided.
B. Up to an additional 25%, or $720,207.39 of the security provided in accordance
with paragraph 32. above may be released when: (1) Developer’s obligations under this Agreement
have been completed and the Improvements have been found to be complete to the satisfaction of the City
including all corrective work for any identified punch list items and including the final wear course; and (2)
Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien
waivers, are provided.
C. Twenty percent (25%) of the amounts certified by the Developer's engineer shall be
retained as security until: (1) all improvements have been completed, (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.
38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash 21
Sewer Availability Charge (SAC)
Water Availability Charge (WAC)
Park Dedication
Street Light Operating Fee
City Base Map Upgrading
City Engineering Administration
Escrow
Total Cash Requirements
requirements under this Contract which must be furnished to the City at the time of final plat approval:
$171,000.00
$171,000.00
$107,554.00
$499.68
$1,425.00
$50,000.00 (Based on two months of administration/observation)
$501,478.68
39. 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: 36 Moonlight Bay, Stillwater, MN 55082. 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.
40. 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
22
DEVELOPER:
THE RYLAND GROUP, INC.
BY: Its
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________________,
2015, by The Ryland Group, Inc., a Maryland corporation, for and on behalf of the corporation.
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 Hammes Estates 1st Addition
That part of the South Half of the Northeast Quarter of Section 34, Township 29 North,
Range 21 West, Washington County, Minnesota, EXCEPT the East 60.00 feet of the North
967 feet of said South Half of the Northeast Quarter thereof. AND EXCEPT Parcel 3 of
Washington County Highway Right of Way Plat 49-19B, recorded September 18, 1985 as
Document Number 492530.
26
EXHIBIT “B” TO DEVELOPMENT CONTRACT
City Oversizing Payment Calculation
Contract Item Unit
Cost/
Cost Increase
(8” to 12” WM) Quantity Amount
Watermain LF $12.50 3,104 $38,800.00
Gate Valves EA $1,225.00 4 $4,900.00
Plugs EA $345.00 2 $690.00
Fittings Lbs $5.00 1,131 $5,655.00
Total Oversizing Estimate $50,045.00
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
28
MAYOR & COUNCIL COMMUNICATION
DATE: October 7, 2014
REGULAR
ITEM # 14
AGENDA ITEM: Hammes Estates Residential Subdivision - Final Plat (Phase 1)
SUBMITTED BY: Nick M. Johnson, City Planner
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Planning Commission
Kyle Klatt, Community Development Director Jack Griffin, City Engineer
Greg Malmquist, Fire Chief
Stephen Mastey, City’s Landscape Consultant
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 unanimously recommending that the City Council approve a final plat request from Hammes West, LLC for the first phase of a 163 unit residential development to be located on 78 acres of land west of Keats Avenue and
within the City’s I-94 Corridor Planning Area. The final plat will include 57 single-family lots,
all of which will be accessed off of Keats Avenue (CSAH 19).
FISCAL IMPACT: TBD – the City will be asked to review a developer’s agreement concerning the final plat at its October 7, 2014 meeting. The agreement will include a detailed accounting of any development costs that will be the responsibility of the City. The subdivision is included in
the Section 34 utility project area, and therefore the developer is being 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 Hammes West, LLC for approval of a final plat for the first phase of the Hammes Estates residential development. The final plat includes 57 single-family residential lots, and the
-- page 1 --
City Council Meeting [Regular Agenda Item 14]
October 7, 2014
related construction plans for the improvements necessary to serve these homes. The City
Council approved the Hammes Estates Preliminary Plat on July 1, 2014, which covered
approximately 78 acres of land within the I-94 Corridor planning area. There are 163 single
family residential lots 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 public improvements
associated with the site will be installed by The Ryland Group in conjunction with the applicant.
The Planning Commission considered this matter at its September 22, 2014 meeting and
unanimously recommended approval of the final plat subject to 16 conditions of approval.
The suggested motion to adopt the Planning Commission recommendation is as follows:
“Move to adopt Resolution No. 2014-81, approving the final plat for Hammes Estates”
BACKGROUND INFORMATION:
Attached are the original detailed Staff report that was provided to the Planning Commission
regarding the applicant’s request for a final plat, which includes general information about the application, a summary of the relevant planning and zoning issues, a thorough review and analysis of the final plat (including a draft list of recommended conditions of approval), draft
findings, and the Staff recommendation to the Planning Commission.
In addition to the information provided in the Staff Report, it should be noted that the applicant is
requesting to amend Condition #13 related to the Minnesota Pollution Control Agency (MPCA) approval letter of the remediation of the soil contamination event on the Hammes site. As demonstrated in the request letter in Attachment #3, the applicants are requesting that the
approval letter from the MPCA be provided prior to the issuance of building permit for affected
lots as opposed to prior to the release of the Final Plat. The reason for the request relates to the
closing of the property by The Ryland Group. If the Final Plat is delayed due to the MPCA approval process, which is estimated to take 30-60 days, the closing or purchase of a large portion of the property by the Ryland Group will also be delayed. After consulting with the Fire
Chief and MPCA on the request, staff determined that the request is reasonable and will not
create a negative or dangerous situation in the interim period while the review by MPCA is
completed. It should be noted that the applicants have submitted a Phase 1 Environmental Review for the site, as well as substantial information regarding the cleanup and disposal of the contaminated soil. The Fire Chief simply want to close the loop by requesting the applicant
enter the Voluntary Brownfield Program to ensure that the remediation work that was completed
has properly addressed the contamination. Staff recommends that condition #13 be amended per
the suggested language from the applicant (Attachment #3).
PLANNING COMMISSION REPORT:
The Planning Commission reviewed the final plat application at its September 22, 2014 meeting.
During the meeting, the Planning Commission engaged in discussions regarding the design and locations of the trails, the stormwater facilities, the phasing of the proposed subdivision, and
other pertinent topics and questions. In reviewing the final plat, the Planning Commission
-- page 2 --
City Council Meeting [Regular Agenda Item 14]
October 7, 2014
recommended two additional conditions of approval: 1) that any trail segment designed as a
boardwalk must be able to safely accommodate bicycle traffic, and 2) that the developer must
inventory and replace trees that are removed on the City park land due to the installation of the
trail. The Planning Commission recommended that the trees be replaced at the schedule or rate required under the City’s tree preservation ordinance (§154.257). In addition to these added
conditions, the Planning Commission wanted to ensure that the MPCA approve the soil
remediation work prior to the City releasing final plat for recording. Further detail of the
Planning Commission discussion on the Hammes Estates Final Plat can be found in the 9/22/14
draft minutes.
The Planning Commission recommended approval of the final plat as submitted with 16
conditions of approval. The vote to recommend approval of the Hammes Estates Final Plat was
unanimous (Vote: 7-0).
STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS:
Strengths: The proposed final plat is consistent with the approved 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: Approval of the plat application allows the development plans for the
Hammes site to proceed as planned in the Comprehensive Plan. Moving forward with
sewered single family growth should allow the City to add additional users to the City’s
public sanitary sewer system, helping to finance the City’s investments in sanitary sewer. Threats: None
RECOMMENDATION:
Based on the aforementioned, the Planning Commission and Staff are recommending that the City Council approve the Hammes Estates Final Plat subject to 16 conditions of approval
through the following motion:
“Move to adopt Resolution No. 2014-81, approving the final plat for Hammes Estates”
ATTACHMENTS:
1. Resolution 2014-81
2. Staff Report to the Planning Commission, 9/22/14
3. Hammes West, LLC Request to Amend Condition #13 4. Application Form 5. Preliminary Plat Response Letter (Westwood Engineering)
6. Final Plat (3 sheets)
-- page 3 --
City Council Meeting [Regular Agenda Item 14]
October 7, 2014
7. Final Construction Plans (Sanitary Sewer, Water Main, Storm Sewer and Streets – 17
sheets)
8. Final Construction Plans (Grading, Drainage and Erosion Control – 14 sheets)
9. Final Landscape Plans (4 sheets) 10. Park Location Plan
11. City Engineer Review Memorandum, dated 9/18/14
12. Fire Chief Review Memorandum, dated 9/18/14
13. Landscape Consultant Review Memorandum, dated 8/25/14 and 9/18/14
14. Valley Branch Watershed District Permit 15. MN DNR Permit to Restore Southern Shore of Goose Lake
16. Excerpt of Park Commission Minutes from 7/21/14 Meeting.
17. Goose Lake Park Area Sketch
18. Soil Contamination Remediation Report
-- page 4 --
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2014-81 A RESOLUTION APPROVING A FINAL PLAT FOR HAMMES ESTATES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Hammes West, LLC, 36 Moonlight Bay, Stillwater, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates, 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 May 12,
2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the Preliminary Plat until its June 23, 2014 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 July 1, 2014 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 July 1, 2014 meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat; and
WHEREAS, the Lake Elmo Planning Commission met on September 22, 2014 to review
the Final Plat for Hammes Estates consisting of 57 single-family residential lots; and
WHEREAS, on September 22, 2014 the Lake Elmo Planning Commission adopted a
motion to recommend that the City Council approve the Final Plat for Hammes Estates with
conditions; and
WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Hammes Estates at a meeting held on October 7, 2014; and
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City
Code, Section 153.08.
1 Resolution 2014-81
2) That all the requirements of said City Code Section 153.08 related to the Final Plat have been
met by the Applicant.
3) That the proposed Final Plat for Hammes Estates consists of the creation of 57 single-family
residential lots.
4) That the Hammes Estates Final Plat is consistent with the Preliminary Plat and Plans as
approved by the City of Lake Elmo on July 1, 2014 and revised on August 25, 2014.
5) That the Hammes Estates Final Plat is consistent with the Lake Elmo Comprehensive Plan
and the Future Land Use Map for this area.
6) That the Hammes Estates Final Plat complies with the City’s Urban Low Density Residential zoning district.
7) That the Hammes Estates 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 attachment thereof.
8) That the Hammes Estates Final Plat complies with the City’s subdivision ordinance.
9) That the Hammes Estates Final Plat is consistent with the City’s engineering standards with
the exceptions noted by the City Engineer in his review comments to the City dated September 18, 2014.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Hammes Estates 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 a memo dated 9/18/14 shall be incorporated
into these documents before they are approved.
2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants
it has fee interest in area included in the Hammes Estates Final Plat.
3) 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.
2 Resolution 2014-81
4) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the release of the Final Plat for recording.
5) A Common Interest Agreement concerning management of the common areas of Hammes
Estates 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. Said agreement shall comply with Minnesota Statues 515B.3-103,
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.
6) The applicant shall provide fees in lieu of land dedication for 2.1 acres of land to fulfill the
City’s parkland dedication requirements in a pro-rated amount for the Phase 1 Area or in an
amount addressing the total site.
7) The Final Landscape Plan shall be revised per the requested modifications of the City Landscape Consultant, documented in a memo dated 9/18/14. Final Landscape Plans shall be
approved prior to the release of Final Plat for recording.
8) The applicant shall provide evidence that all conditions attached to the Valley Branch
Watershed District permit for the Final Plat and associated grading work have been met prior
to the commencement of any final grading activity.
9) The applicant must provide written authorization to perform any work in the Electrical
Transmission easement areas prior to the release of the Final Plat for recording.
10) The applicant shall provide evidence that Washington County has approved final
construction plans for all required work within the Keats Avenue right-of-way as described
in a letter from the County dated May 6, 2013. Final Construction Plans provided to the City shall be updated to include the improvements approved by Washington County
11) The applicant shall abide by all conditions of the MN DNR Public Waters Work Permit dated
8/27/14.
12) The applicant must revise the Goose Lake Park Plan to provide greater separation between
the public use area and the lift station maintenance area. The applicant will be responsible for all necessary watershed district permitting requirements related to the Goose Lake Park
improvements.
13) Per the recommendation of the Fire Chief, the applicant must submit all documentation
related to the mitigation of the soil contamination to the Minnesota Pollution Control
Agency’s Voluntary Brownfield Program for review and approval prior to the release of Final Plat for recording.
14) Prior to the acceptance of the public improvements for the 1st Phase of the Hammes Estates
subdivision, all wetland buffers shall be delineated and identified via staking or signage that
is acceptable to the City.
3 Resolution 2014-81
15) Any boardwalk trail segments included in the Hammes Estates subdivision must be designed
to accommodate bicycle traffic.
16) All trees impacted by the northern buffer trail must be inventoried and replaced at the
schedule or rate specified in the City’s tree preservation ordinance (§154.257).
Passed and duly adopted this 7th day of October 2014 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Adam Bell, City Clerk
4 Resolution 2014-81
7
Ilumms Wpsr, LLC
36 Moom,rcut Blv
Sru,r,warrn, MN 55082
Septembdr 30,2014
Mr. NickJohnson
City of Lake Elmo
qi ohnson@l akeelmo. org
Re: City of Lake Etno Requirements
DearNick:
We are requesting that Condition No. 13 of the Plarning Commission recommendation be
amended to state the following:
o?er the recommendation of the Fire Chief, the applicant must submit all documentation
related to the mitigation of the soil contamination to ttre Minnesota Pollution Control
Agency's Voluntary Brownfield Program for review and approval pnor to the issuance of
building permits for lots affected by the soil contasrination, if any."
Thank you.
Sincerely,
Hem,msWnsr,LLC / t I /*#*'//*\-
Managing Member
a. Park Sign Update (Macleod)
Macleod shared that two signs were finished (Reid and Pebble) and picked up earlier that day. The rest of the
signs are anticipated to be completed by the first week of August, with Sunfish Lake Park being the next in line
for completion. An amenity panel for one of the signs was in the council chambers for the commission to view.
b. LERT Update (Weis)
Weis stated that city planner Johnson has continued to talk to Washington County and that they are working on
the west side access plan. Zuleger added that the LERT is currently on hold but the city has been talking with
the county about being incorporated into the master plan to be considered by the Met Council. Zuleger added
that Met Council Park and Open Space Chair, former Mayor Johnston, recently dropped off a copy of the
master plan, which has been serving as a guide for next steps.
Hietpas referenced the search corridor and stated that the LERT was not currently part of that plan. She
commented that regionally, there are a lot of trails going on in other areas, but hardly anything in Washington
County and she would like to see more priority placed on Lake Elmo trails at a county level. Weis commented
on other communities coming forward and that trail plan requests are becoming more prevalent in the county.
Ames asked what the next steps are. Zuleger responded that the city has been requesting that the search
corridor be included as a key corridor in the county's trail plan between Oakdale and Stillwater, connecting to a
regional park. The City is continuing to have conversations with the county about the best way to access the
Lake Elmo Park Reserve. Weis has offered to present the LERT presentation to the County to keep the ball
rolling. He emphasized that it is important to get included in the plan because it will open up a lot of funding
opportunities.
c. Hammes Park Space (Zuleger)
Zuleger stated that there was an item not on the agenda that needed to be addressed: The Hammes
subdivision park space. To recap, Zuleger shared that per previous discussion and in response to the
commission's request, the Hammes developers had placed the park in the northwest corner of the
development near Keats Avenue and Goose Lake. The proposed park space includes a fish ing pier, shelter,
grill, parking lot and is also where the lift station is located. Currently the plan does not include a play structure,
which was initially requested by the park commission as a condition of approval. The Hammes developers are
seeking input from the commission as to what type of play structure to include, and if they could receive credit
for parkland dedication if the structure was included. Zuleger continued to point out additional green/meeting
spaces within the development and the 100' buffer perimeter per the comp plan (including a trail).
Ames thought he remembered a small park internally in the neighborhood that would have a play structure. He
is not sure that a play structure near a 55 mph roadway is a good place for a play structure. Ames also
questioned where neighborhood children would play, as lot sizes looked small to consider private play sets.
Zuleger pointed out that the Lake Elmo Park Reserve was located a mile north of the development, with a
phenomenal play set. Ames stated that he didn't feel current playgrounds were within reasonable walking
distance for residents. Hietpas shared that she didn't feel that the green spaces included throughout the
development were large enough for community meeting spaces.
Zuleger pointed out the location of neighboring parks in Stonegate and Lennar neighborhoods.
The commission requested that a location central in the neighborhood be considered for play structure
placement. Zuleger said that he would forward their comments to the developers.
Meeting adjourned at 9:54 PM
Respectfully Submitted,
Alyssa Macleod, Recording Secretary
MAYOR AND COUNCIL COMMUNICATION
DATE: 11/4/15
Regular
ITEM: #15
AGENDA ITEM: Building Department Truck
SUBMITTED BY: Clark Schroeder, Interim City Administrator
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ................................................................ Interim City Administrator
- Report/Presentation ................................................................ Interim City Administrator - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates
- Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
FINANCIAL IMPACT: PURCHASE PRICE OF
BACKGROUND AND STAFF REPORT:
Staff received two quotes for the purchase of a vehicle for the building department.
A 2016 jeep Compass for $20,261, and a F150 4x4 for $22,786.24
When comparing the outright purchase versus lease option on the low bid (Jeep) a 5 year lease based on
5.99% APR would be $314.06 per month. This is based on no more than 12,000 miles per year which is
well within the normal range of the building department. The Residual Value at the end of the lease if
estimated at $9,577.
Another option is to buy the vehicle via a loan from Lake Elmo Bank. They are willing to give us a APR
of 1.99 for 5 years with a payment of $350.46 per month and at the end, the truck would be free and clear.
One of the considerations is if you buy the truck outright you load up one year of budget with the
purchase and under weigh the actual cost of doing business during the out years. This provides a clear
picture of what the actual expenses are to run a department. On the flip side, in order to accommodate
greater accuracy in cost management, you have some sort of finance cost via a lease or a loan. In this
case, the cost of money is relativity cheap at 1.99% in order to provide greater cost accounting and have
that be a fixed cost of running a department.
.
RECOMMENDATIONS: Staff recommends that the vehicle be purchased with a loan from Lake Elmo
Bank at 1.99% for 5 years.
MAYOR AND COUNCIL COMMUNICATION
DATE: 11/4/15
REGULAR
ITEM #: 14
MOTION
AGENDA ITEM: RFP request from Parks Commission for Ballpark Redesign
SUBMITTED BY: Clark Schroeder
THROUGH: Clark Schroeder
REVIEWED BY: Shane Weis
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY BEING SET: THE PUBLIC POLICY BEING SET IS MOVE TO EVALUATE
POSSIBLE REDESIGN OF BALLFIELDS DOWNTOWN.
SUMMARY AND ACTION REQUESTED: The Parks Commission is requesting that Parks Funds be
utilized to seek out an architect that specializes in redesigning ball fields with a historic theme. The city
would issue a RFP requesting proposals to redesign one or both of the ballfields in downtown. This would
provide estimations to redo the fields and upgrade them within the next couple years.
Below are some examples of ballfields in Minnesota that have been redesigned with this theme.
RECOMMENDATION:
“Move to issue a RFP for architectural work to redesign the ballfields in the historic downtown”
ATTACHMENT(S): http://minnesota.cbslocal.com/top-lists/best-amateur-baseball-parks-in-minnesota/
MAYOR AND COUNCIL COMMUNICATION
DATE: 11/4/15
REGULAR
ITEM #: 16
MOTION
AGENDA ITEM: OP Ordinance Development Discussion
SUBMITTED BY: Clark Schroeder
THROUGH: Clark Schroeder
REVIEWED BY: Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT NONE, DISCUSSION ONLY
BACKGROUND AND STAFF REPORT: Council member Fliflet requested information
pertaining to the requirements for Open Space (OP) developments and would like the council
to discuss the OP ordinance to see if there is any appetite for adjusting any of the current
parameters. Several areas including density, how density is calculated, and minimum acreage
are some discussion areas identified.
As an example, one of the requirements is that the development densities are allowed up to .45
dwelling units per buildable acre on 40 acres or 18 homes per 40 acres. One of the questions
for council consideration is should the requirement of buildable acres be used in the
calculation. If the intent/purpose of this type of development is to maintain as much open
space as is possible should the requirement be reviewed to include non-buildable land in the
18/40 density? If you had 45 acres with lots of wet lands/ponds on it, say 15 acres your
calculation would be as follows, (45-15)x.45= 13.5 allowed homes. This equates to a density of
.3 homes per acres versus the allowed .45 units per acres. If you included the wetlands in your
calculation it would be 45*.45= 20.25 units for the development. Ponds/wetlands have to be
reviewed by watershed districts and preserved, but this would allow properties which
otherwise might not be developed to be reviewed and brought forward to council.
One of the other considerations for council is should this type of development be limited to just
40 acres or more? Should this type of development be allowed on 20 acres parcels?
OPEN SPACE PRESERVATION
§ 150.175 PURPOSE.
(A) The purpose of open space preservation (OP) is to maintain the rural character of Lake
Elmo by preserving agricultural land, woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan. This type of development will allow an alternative to large lot, single-
family housing and will reduce the cost of constructing and maintaining public facilities and
infrastructure.
(B Protected open space will enhance and preserve the natural character of the community and create distinct neighborhoods.
(Ord. 97-79, passed 5-1-2001)
§ 150.176 INTENT.
(A) It is the intent of the City of Lake Elmo to accomplish the stated purpose of OP by approving a conditional use permit for portions of property currently zoned Agricultural, Rural Residential, and Rural Estate; and by adopting the comprehensive development regulations
contained herein.
(B) In return for requiring preserved open space as contained herein; it is the intent of the City
of Lake Elmo to allow dwelling unit density that will provide a development density equal to or greater than the prior zoning; AG, Agricultural, RR, Rural Residential, and RE Residential Estate.
(Ord. 97-79, passed 5-1-2001)
§ 150.180 DEVELOPMENT STANDARDS.
(A) OP developments shall comply with the following minimum standards unless modified by 4/5 affirmative votes of the City Council.
(B) (1) Land area. Applications for a residential development in the OP District shall meet
all the following criteria.
(a) The minimum land area for an OP conditional use permit is a nominal contiguous 40
acres. The ratio of parcel length to width shall not exceed 3 to 1. The total number of dwelling units permitted shall be according to the development density criteria contained in the
Comprehensive Plan. The total number of dwelling units within an OP development shall not
exceed the density limitations contained in the Comprehensive Plan for OP Districts.
(b) The total preserved open space area within the OP development shall be at least 50%
of the total buildable land area, as defined by § 11.01. Areas not meeting the definition of buildable land area shall not be not be considered to be preserved open space in determining the
amount of preserved open space proposed.
(c) Dwelling units shall be grouped so that at least 50% of the buildable land area of the
proposed development remains preserved open space. The preserved open space shall consist of
agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community
recreational areas.
RECOMMENDATION:
No recommendations from staff
ATTACHMENT(S):
MAYOR AND COUNCIL COMMUNICATION
DATE: 11/4/15
REGULAR
ITEM #: 17
MOTION
AGENDA ITEM: Parliamentarian discussion
SUBMITTED BY: Clark Schroeder
THROUGH: Clark Schroeder
REVIEWED BY: Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT NO POLICY BEING SET
SUMMARY AND ACTION REQUESTED:
A request was made to research if professional parliamentarians would be available to help guide the
Lake Elmo city council meetings.
The League of Minnesota Cities have not gotten back to the Administrator with anyone as of Friday
afternoon, they may come back with a recommendation at a later date.
The National Association of Parliamentarians lists a just a few people that list themselves as a
parliamentarian ( see the below list). There was small group (5) persons that had meetings about
parliamentary procedures in 2014 but have since disbanded. The University of Minnesota used to have a
student organization for parliamentarians but have since disbanded. FFA has a presence in this field,
training new leaders for our communities, they may have instructors who might be willing to help guide
our meetings.
BACKGROUND AND STAFF REPORT:
Council can decide to direct the Administrator to hire a parliamentarian for meetings if they so desire.
Council could also direct the administrator to vet out prospects and present to the council for interview.
MAYOR AND COUNCIL COMMUNICATION
DATE: 11/4/15
REGULAR
ITEM #: 18
MOTION
AGENDA ITEM: RFP for Engineering and Legal services
SUBMITTED BY: Clark Schroeder
THROUGH: Clark Schroeder
REVIEWED BY: Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT NO POLICY STATMENT
SUMMARY AND ACTION REQUESTED:
A request has been made by a council member to issue a RFP for Engineering and Legal Services for
Lake Elmo with an effective adoption of 1/1/16.
BACKGROUND AND STAFF REPORT:
The history of Lake Elmo contracting for Engineering services is one of longevity. For 37 years, Lake
Elmo contracted with TKDA. Due to issues outside of the control of Lake Elmo, in 2011 that relationship
ended. At that point, Lake Elmo started contracting with Focus Engineering. For legal services, Lake
Elmo has been working with Mr. Snyder through two different law firms for a number of years. The
current law firm is Johnson & Turner. Needless to say, continuity for these services is important to a city
with high staff turnover and should be weighed in any decision the council makes. If the council votes to
put out RFP’s, staff would seek out templates from other cities that have done this so we don’t have to
start from scratch. Staff would send this out via the League of Minnesota Cities.
RECOMMENDATION:
This is a city council decision so two option are proposed.
“Move to direct staff to issue RFP’s for engineering and legal services for 2016”
“Move to not issue RPF’s for engineering and legal services for 2016”
ATTACHMENT(S):
MAYOR AND COUNCIL COMMUNICATION
DATE: 11/4/15
REGULAR
ITEM #: 20
AGENDA ITEM: Proforma Discussion
SUBMITTED BY: Clark Schroeder
THROUGH: Clark Schroeder
REVIEWED BY: Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
BACKGROUND AND STAFF REPORT:
The administrator will address council questions that were raised from the meeting on 10/20/15
concerning the proforma