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CCP 06-09-15
-n i[ crn' or Oarlllisston is to Piwide Qualty Public Sen)ices In U Fucalj,Rejponeible arrer[Iile ' ieinLAKE ELMO g the Ci,�'s Open Space Cllalaiter NOTICE OF MEETING City Council Meeting Tuesday,June 9,2015 7:00 P.M. City of Lake Elmo 13800 Laverne Avenue North Agenda A. Call to Order B. Pledge of Allegiance C. Roll Call / Order of Business D. Approval of Agenda E. Council Reports F. Presentations/Public Comments/Inquiries • Sunfish Lake Park Nature Center- Tony Manzara G. Proclamation 1. Huff`n Puff Days H. Finance Consent Agenda 2. Approve Payment of Disbursements 3. Accept Assessors Report dated April 30,2015 4. Approve Tax Abatement Payment for Valley Cartage 5. Approval of Fund Transfers for 2014;Resolutio o.2015-45 I. Other Consent Agenda 6. 39th Street N. Street&Sanitary Sewer Improvements—Pay Request No.5. 7. Pumphouse No. 4 Improvements — Pay Request No. 8 (FINAL). 8. Section 34 Pressure Reduction Valve Station Pay Request No.2 9. Encroachment Agreement— 12409 Marquess WayN 1o.Approve Temporary Liquor License for Jaycees—Huff`n Puff Days J. Regular Agenda 11. 2015 Capital Improvement Financing Plan;Approval of the Issuance of G.O.Bonds Series 2015A; esoluti R on No. 2015-49 12. Cooperative Agreement with Washington County for Downtown Street and Utility Project 13.Downtown Street,Drainage and Utility Improvements — Improvement Hearing;Order Improvements; Consent to Award Contract; Resolution No. 2015-90 14.MN-DEED Grant Program— Resolution Accepting the DEED Inwood Water System Grant; Resolution No. 2015-51 15.Water Tower#4-Approve Land Purchase Agreement 16. East Village Trunk Sewer Agreement;Resolution No. 2015-52 n.Amendment of Easton Village Development Agreement 18. Zoning Text Amendment— Freeway Signs Findings for Denial; Resolution No. 2015-53 19.Discussion of the Sale of the City's Properties in the Downtown Area— no nlenTo (Bloyer request) 20.Placement of City Council Reports — no menro (Lundgren request) 21.Authorize Independent Counsel to Investigate Claims of Hostile Work Place— no nlevno (Bloyer request) 22.Council Meeting Decorum— no inetno (Fli/let request) 23.Discussion of City Clerk Replacement Position- no menlo (Lundgien request) 24.Discuss Separation Agreement for City Administrator- no ine.,no (Bloyer request)*May Include Closed Session Under MN Statute 13D.05(3)(a) K. Staff Reports and Announcements L. Adjourn CITY OF LAKE ELMO HUFF `N PUFF DAYS PROCLAMATION WHEREAS: The Lake Elmo Jaycees have been a vital part of the development of young leaders of our community the past 43 years, and WHEREAS: This organization of young people will again be sponsors of Huff n' Puff Days, August 6"', 7`' 811, and 9`h 2015. NOW,THEREFORE,1,Mike Pearson,Mayor of bake Elmo,do hereby proclaim the second week in August 2015 to be HUFF `N PUFF DAYS in Lake Elmo, and urge all citizens of our community to give full regard to past and continuing services of the Lake Elmo Jaycees. Signed this June 9,2015. Mike Pearson Mayor THE CITY OF LAKE ELMO AMA YCR 0: COUNCIL C OMMU ICA, T ION DATE: June 9, 2015 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of$733,858.16 SUBMITTED BY: Cathy Bendel,Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council - Action on Motion....................................................................Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $733,858.16 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$733,858.16. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA --page 1 -- City Council Meeting [Consent agenda Iteni 2] June 9,2015 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description 42879-42926 $ 733,678.16 Accounts Payable 6/09/2015 2731-2733 180.00 Library Card Reimbursement 6/09/2015 1...........________ TOTAL I S 733,858.16 RECOMMENDATION: Based on the aforementioned,the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $733,858.16. ATTACHMENTS: l. 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Q` of O O O O = O O O 0 O O V j O O In C O d y: p v M N — en In In In N M In In M a. M In O\ O+ In O` F..., W _ `t 1 _T I 'y i 7 Q_ 1 N 17 7 1 ko V O O O O 0 G 0 O O O O O N `cl = O OJ' a G G v C.� u m V w G m n G u C G 4 a i 0 O- v m a a C. i i r � i a y � J w G G .r �G d v + G .Gr � C- r � d G a u 0 'r TI III CITY Or LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 CONSENT ITEM# 3 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item.............................................................. City Administrator - RepolUTresentation................................................City Administrator - Questions from Council to Staff...............................................Mayor Facilitates - Call for Motion...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through May 2015 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Property splits/plats—0 Sales collected and viewed—6 Taxpayer inquiries—8 Miscellaneous inquiries - 5 Inspections—Residential—41; Commercial—27 Building permit reviews— 33 Pictures taken—56 Other work performed included: Monthly meeting with County residential and commercial supervisors —page I -- City Council Meeting June 9,2015 [Cn[Consent�lgendu llem#3] • Input of all inspection and permit work • Perform sales verifications and land value analysis using MLS and other resources • Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the May 2015 monthly assessor report. --page 2-- THE CITY 017 c LAKE ELV10 MAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 CONSENT ITEM# 4 AGENDA ITEM: Approval for Tax Abatement Payment for Valley Cartage SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator Kevin Corbid, Washington County SUGGESTED ORDER OF BUSINESS: - Questions from Council to Staff.............................................Mayor Facilitates - Report/Presentations........................................City Staff, Smith Schafer - 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 POLICY RECOMMENDER: Finance FISCAL IMPACT: $3,628.68 On April 26, 2013, the City Council approved a limited property tax abatement for the 8665 Hudson Boulevard (Parcel ID #33.029.21.44.0037) for the tax years 2014, 2015, 2016 and 2017. SUMMARY AND ACTION REQUESTED: On an annual basis, by July 301h each year, the tax abatement for 8665 Hudson Boulevard needs to be remitted to the owner. Staff is seeking City Council approval to refund the City of Lake Elmo portion which needs to be refunded for 2015 which is $3,628.68. --page 1 -- City Council Meetuig [Consent Agenda Item 4] June 9,2015 STAFF REPORT: In the winter of 2012 the City of Lake Elmo was approached by a company from Wisconsin with interest in purchasing a corporate office building at 8665 Hudson Boulevard for the purpose of establishing a headquarters and creating 50 new jobs. They requested a limited tax abatement for the years of 2014-2017. This location was not in a TIF district so those incentives were not available. The City staff took the lead on a project to put together an economic development package that consisted of tax abatement, a sizable forgiveable loan ($500k), job training fiends, and energy credits to bring new good paying jobs to the region. The results of this public-private partnership resulted in the building being purchased and all of the stipulations of the partnership and state funding having been exceeded. The following were the benefits as a result of this transaction: • Valley Cartage moved their Corporate Headquarters to Lake Elmo and created in excess of 50 new jobs. • Improvements were made to the building at 8665 Hudson Boulevard increasing the taxable market value by over$1 million. • Retention of a large tenant a key commercial building on the I-94 corridor where the City planned for key growth. • Participation by Washington County in the abatement process for their share of the tax increment for 2014-2017. It should be noted that there was no tax abatement due for 2014 as a result of the delay hi the improvements to the building lotting the tax roll. RECOMMENDATION: It is recommended that the City Council approve a payment to Norman James in the amount of $3,628.68 which represents the City share of tax abatement due for 2015. ATTACHMENTS: 1. Resolution#2013-27 2. Washington County worksheet on Lake Elmo component of 2015 tax abatement --page 2-- CITL' OF LAIC ELMO `VASHLNi GTON COUNTY STATE OF MINnSOTA RL, SOLUTION NO. 2013-27 A RESOLUTION AUTHORIZING LL�IITED PROPERTY TAX ABATEMENT FOR 8665 HUDSON BOULEVARD FOR YEARS 2014, 2015,2016, 2017 NN'HEREAS, the City of Lake Elmo, Minnesota, under Minnesota State Statutes Chapter 272, 273 and Chapter 489, has the authority to value and assess all real property within its jurisdictional boundaries and, WHEREAS, Minnesota law authorizes political subdivisions to grant property tax abatements for econonue development to encourage businesses to locate or expand to an area(Minn. Stat. §§ 469.1819-459.1816) and, WHEREAS, abatements are available for up to 15-20 years and the total abatement cannot exceed the larger of ten percent (10%) of the net tax capacity or$200,000.00 and, WHEREAS, Norman .lames LLC of Woodbury, MN wishes to purchase and relocate to 8665 Hudson Boulevard in the City of Lake Elmo, Minnesota creating approximately fifty (50) or more jobs providing sigiuficant compensation in the area of logistics transportation that will stimulate the local economy and, WHEREAS, the fifty (50) or more jobs include positions in the transportation logistics industry that pay between $35,000490,000 per year created by 2015 and that are subject to Minnesota state income tax and, WHEREAS, the current assessed market value of 8665 Hudson Boulevard has been placed at $2,125,500 for the last two years and the building is currently built out at approximately the 80% level and, WHEREAS, the purchase price will include non-real property assets and thus will not solely reflect the value of the improvements and land and, WHEREAS, Norman James LLC has requested a limited property tax abatement for the years 2014-2017 as well as consideration of limited property tax abatement for 2018, and VNIHEREAS, the City Council finds that the public benefits involved would include, but will not be limited to, general economic development, ultimately increasing the tax base, increasing the number of jobs in the area, and spuning economic activity along the I-94 corridor and these benefits would exceed the cost of abating the City portion of property taxes for the years 2014- 2017 arising from any increase in the property value above the current assessed valuation (S2,125,200.00). 1 Resolution No.2013-27 NOW, THEREFORE,IT IS HEREBY RESOLNTD, That the City Council of the City of Lake Elmo, Minnesota, agrees to abate the increase in the city portion of property taxes paid, excluding fiscal disparities, on parcel 33.024.21.44.0037 as follows: 1. For the purpose of this agreement, "increase in the city portion of property taxes paid, excluding fiscal disparities" specifically excludes any portion of the tax attributable to the area-wide tax under M.S. 5 473F from abatement, The amount of tax abatement is calculated as follows for each parcel with an increase in taxable market value for a given year: 2. a. Calculate the base year city tax for the parcel i. Multiply current year class rates by the taxable market value for taxes payable in 2012 ($2,125,200) to determine the total tax capacity. ii. Multiply the total tax capacity by the fiscal disparity percentage for the current year to determine the fiscal disparity portion of the tax capacity, iii. Subtract the fiscal disparity portion of the tax capacity from the total tar capacity to determine the local tax capacity, iv, Multiply the local tax capacity by the city tax rate for the current year to determine the base year city tax. b. Calculate the current year city tax for the parcel i. Multiply current year class rates by the taxable market value for the current yeas to determine the total tax capacity. ii, Multiply the total tax capacity by the fiscal disparity percentage for the current year to determine the fiscal disparity portion of the tax capacity. iii. Subtract the fiscal disparity portion of the tax capacity from the total tax capacity to determine the local tax capacity. iv. Multiply the local tax capacity by the city tax rate for the current year to determine the current year city tax. c. Subtract the base year city tax from the current year city tax to determine the change in city tax. d. The change in city tax greater than SO is the amount of tax abatement for the year. 3. Notwithstanding any provision to the contrary, no city abatement will be granted if the total taxes due on the parcel is less than the total tax amount due for taxes payable in 2012 of$70,256. 4. The maximum duration of the abatement shall be for four years, beginning for taxes payable in 2014, except that the City Council will consider an abatement for the year 2.018 if requested by the property owner. 5. The maximum annual tax abatement amount shall not exceed $10,000.00 in any year and maximum total abatement for all years for all abating parties shall not exceed $40,000.00. 2 Resolution No.2013-27 6. The City of Lake Elmo will make payment of the abatement to the property owner on or before July 30 of each year. No payment will be made after July 30, 2017 or after the total abatement for the four abatement years has been paid. ADOPTED BY THE LAIC ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF APRIL 2013. CITY OF LA T, ELMO By: le--� M yor (Seal) ATTEST: Adam Bell City Clerk 3 Resolution No. 2013-27 c c`• n N CJ N G C N Cl. C CI' x x x N Cl — 'ct Ci7 N cr N cr N cz= CC C N _C 7 L cu L (U 7 F y - D C7 0 0 o a _ ii Z u. Z m E ❑Y ❑ � c q, X m `o C-m c '9 o E ow CA 0 d"O !O O `� M r c in Q w cm c O co N rn CZ N ++ C C m U F- � O E V" c 0 ✓ xto v v rn ?.'U X CO7 M N T N H W co fn 6 Z C m Ce p R n n n n a � U � jU N N N N co x ❑ N O R .r CO to lC C? cy C1 1- i] 01 m V_ CD .17•E O w O u N N N N 0 c J U U O W ? LO N ,.r_ COD COO Cl) n �' O ^ X X U h n C1 C C) N � CD.�. CD ^ N 0. CA v [V m - N O` CU U a `o 0 Cp � � Cl O CT o a a o > on �COn m E ro p O LL v CD Cl) coa o` ? w f0 ` p N N X 000 0 0 O O p O O t0 O 0 O N tc C A w LL7 O to O O U7 fY LO O U7 LO N n C Q p O ? F U N Cn n N O n N - h N h T O T N N N M V' N 0 of N N M '�t N CO c U O CD -oCD _Y CA U y O a N m o 0 c T (U {C N lT a L d N y O O Cl O N O O 0 0 C CG !C O O LO O mLq O Iq O •`- +Q c t O U U K +- N N u N N In W C7 N CU 000 cc O U 0,m C Ox 0 d 0 0 0 00 O m 0 0 0 00 0 O U'1 -O 19 OOO OO O OOO Oao C9 3 — O :� co O m 'Y- O Cn N p LL7 LL7 O U'I 4'Y O fD CO Q co A.- O m N N T N O (7nI N CC] C7 O Q N N E e- N '- N '- .- N C7 M T C j O y o L E E V ms'= � lZ co LO rn n ` w C W L a1 - -t4 x N CO N Cy M n 1C W N L C Q A ._ n O M O m y N O ~ ~ 6699 69 .-- T`O 6 d R p - 69 m o O Ear cl AO csz E c p 7 N N T 69 3 a .7 T 7 o C o W I7 R i4 C ,� G CU y N D_ X ca 5 E 'E — Cl } } G! N .m. �+ CU >- C } C 0 W Y C X a E -- N v N l4 m p N mv2FO-- 2Z0- - [� U m U N ~ } O O jC E N N �7 m m ao � a. a 'I'I H.CI IN f I LAKE FLMO MAYOR & COUNCIL COMMUNICATION DATE: June 9,2015 CONSENT ITEM # 5 AGENDA ITEM: Approval for Fund Transfers 2014 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator Jason Miller, Smith Schafer&Associates SUGGESTED ORDER OF BUSINESS: - Questions from Council to Staff............................................. Mayor Facilitates - Report/Presentations........................................City Staff, Smith Schafer - 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 POLICY RECOMMENDER: Finance/Auditors FISCAL IMPACT: $360,000; budgeted To finalize the December 31, 2014 general ledger and close it down for the year some final transactions/transfers are necessary and were incorporated into the final audit report presented and approved by the City Council on May 19, 2015. SUMMARY AND ACTION REQUESTED: During 2014, it was budgeted that an installment of$200k would be made toward the internal loan and that $160k would be spent on the annual seal coating and crack filling of the streets. To properly account for these items, approval is being requested to book these two fund transfers. --page I -- City Council Meeting [Consent Agenda/lent 5] June 9,2015 STAFF REPORT: The following Rind transfers need to be approved to be made: • $200,000 from the General Fund (101) to the Village Fund (413) so that funds are available to make the annual budgeted loan repayment. • $l 60,000 from the General Fund (101)to the Infrastructure Fund (409)to fund the annual seal coating and cracking filling for 2014. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2015-48 authorizing the balance transfers between funds as proposed and budgeted for 2014. ATTACHMENTS: 1. Resolution No. 2015-48 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-48 A RESOLUTION RELATED TO 2014 YEAR END CLOSURE/AUDIT TO WASHINGTON COUNTY WHEREAS, the City of Lake Elmo desires to close the accounting records as of December 31, 2014, BE IT RESOLVED, by the City Council of the City of Lake Elmo,Minnesota, that the following transfers may be made effective December 31, 2014: • $200,000 from the General Fund(101) to the Village fund(413) so that funds are available to make the aruival budgeted loan repayment. • $160,000 from the General Fund(101) to the Infrastructure Reserve Fund (409) to find the annual seal coating and crack filling project for 2014. APPROVED by the Lake Elmo City COL1nCll on this 9t1t day of June. 2015. By: Mike Pearson Mayor ATTEST: Adam Bell City Clerk Resolution No. 2015-48 rl IF.CITY l)I LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: June 9,2015 CONSENT ITEM# 6 AGENDA ITEM: 39"' Street North: Street and Sanitary Sewer Improvements- Pay Request No. 5 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent Agenda): - 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 POLICY RECOMMENDER. Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the approved Contract and change orders for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 5 for the 39111 Street North: Street and Sanitary Sewer Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 5 to Geislinger& Sons Inc. in the amount of$45,793.68 for the 3911'Street North:Street and Sanitary Server Improvements'. --page I -- City Council Meeting June 9,2015 [Consent Agenda them 6] LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Geislinger& Sons Inc., the Contractor for the project, has submitted Partial Pay Estimate No.5 in the amount of$45,793.68. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $89,594.88. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 5 for the 390' Street North: Street and Sanitary Sewer Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 5 to Geislinger c& Sons Inc. in the amount of.S45,793.68, for the 39111 Street North:Street and Sanitary Server Improvements". ATTACHMENT(S): 1. Partial Pay Estimate No. 5 --page 2-- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 5 FOCUS ENGINEERING, inc. 39TH ST N:STREET AND SANITARY SEWER IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO,2014.131 FROM 5/9/2015 TO 5/29/201S PROJECT OWNER: CONTRACTOR; CITY OF LAKE ELMO GEISLINGER&SONS, INC. 3800 LAVERNE AVENUE NORTH 511 CENTRAL AVE S,PO BOX 437 LAKE ELMO,MN 55042 WATKINS,MINNESOTA 55389 ATTN:JACK GRIFFIN,CITY ENGINEER ATTN:GARY LUEBBEN,PROJECT MANAGER CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $1,760,458.80 Date Additions Deductions 2.Net Change Order Sum $315,064.00 1 9/16/2014 $118,975.00 3.Revised Contract(1+2) $2,075,522.80 2 2/3/2015 $22,214.00 4.*Work Completed $1,791,897.52 3 2/24/2015 $19,435.00 5.*Stored Materials $0.00 4 4/7/2015 $154,440.00 6.Subtotal(4+5) $1,791,897.52 7.Retainage* 5.0% $89,594.88 8.Previous Payments $1,656,508.96 TOTALS $315,064.00 $0.00 9.Amount Due(6-7-8) $45,793.68 NET CHANGE 8315,064.00 *Detailed Breakdown Attached CONTRACT TIME START DATE: 9/2/2014 ORIGINAL DAYS 347 ON SCHEDULE SUBSTANTIAL COMPLETION: 6/30/2015 REVISED DAYS 0 YES FINAL COMPLETION: 8/15/2015 REMAINING 78 NO a ENGINEER'S CERTIFICATION: FOCUS Engineering,Inc. The undersigned certifies that the work has been reviewed and to the /11 best of their knowledge and belief,the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. 6/2/2015 DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge,information and belief the work covered by this payment estimate has been completed In accordance with the contract BY documents,that all amounts have been paid by the contractor for 7Z work for which previous payment estimates was issued and payments DnTE received from the owner,and that current payment shown herein is now due APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY BY DATE DATE FOCUS Engineering,inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 5 39TH ST N:STREET AND SANITARY SEWER IMPROVEMENTS FOCUS ENGINEERING, Inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2014.131 ITEM DESCRIPTION OF NAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PART 1•SANITARY SEWER 1 B"PVC SANTIMY 5EWI&SOR 26,20-25'DEEP if 62 $125 00 $7,750.00 0 $0.00 153.00 SI9.125.00 2 10'PVC SANITARY SEWER,SUP 26,15' 20'DEEP LF 1,025 $27.01 SI9,17500 0 50.00 1.0540U $91.693.00 3 10'PVC SANITARY SEWER SUR 26,20' 25'DEFP if 315 589GU $18.035.00 0 $000 234 5251276.DO 4 12'PVC SANITARY SEWER,SDR 26,15'-20'DEEP IF S00 $97.00 546,000.00 0 so DO 495 S41S.W.00 5 12"PVC SANITARY SEWER SDR 26,20'-25-0EEP LF 630 594.OU $59,220.00 0 $0.00 631 559,408OD 6 I0'PVC SANITARY SEWER,SDR 26,IN CASING LF 100 540.OU 54,000.00 0 5000 100 54,000.00 7 12"PVC SANITARY SEWER,SDR 16.IN CASING LF 120 $45.00 $5,400.00 0 50.00 120 $5,400.00 B M'STEEL CASING PIPE(JACK/AUGERED) IF 100 S525.00 S52"500,00 0 $0.00 100 $52,500.00 9 24"STEEL CASING PIPE HACK/AUGERED) If 120 5535.00 $64,200.00 0 S0.00 120 SG4.200.00 10 PIPE FOUNDATION ROCX LF I 1.400 50.10 $140.00 0 $0.00 118 511.00 11 TELEVISING LF 2,850 $2.00 WIDE)00 0 50.00 0 S0.00 12 4'OIAMEfEN SANITARY SEWER MH EA 12 $1,000.00 536000UG 0 $0.00 12 536.000.00 13 4'DIAMETER EXCESS MANHOLE DEPTH LF 140 $125.00 5.7,500.00 0 S0.00 117.7 SU,7I2.50 14 )0'K6"PVC WYE,SUR 26 CA 6 5400.00 $2,400.00 0 SO.00 6 SZ.400.OD 15 12"X6'PVC WYE.SDR 26 EA 4 5460.00 $1,940.00 0 SO00 6 $2.760.00 If, 6'PVC SCH40 SANITARY SEWI R RGf R if R5 S3500 $297500 0 5U.w )III S4.130 DO 17 6"PVC SCH 40 SANITARY SEWER SERVICE it 400 531.00 5.2.800.00 0 WED 389 512,448.W l8 PRECAST CONCRETE JERSEY BARRIERS AT HM.HWAY 5 JACKING Pit IS I S4.500.00 $4,50000 0 S000 I 54.SODOO 19 PRECAST CONCRETE JERSEY BARRIERS AT HIGHWAY 17 JACKING PITS IS 1 S4.SO0.00 $4,50000 0 $0.00 1 S4,500A0 20 CROSS EXISTING WATER SERVICE EA 7 5450.00 S3.L5000 0 SLIDE) 7 $3.150.D0 21 EXPLORATORY DIGGING HE 5 $500.00 $2,500.00 0 S0.D0 0 SO.W SUBTOTAL-PART 1 $450,285.00 SDDD $451.75930 PART -WATERMAIN I FEMPDRARY WATER SYSTEM LS 1 $1,500.00 $1.500.00 0 50.00 1 51.500.00 7 CONNECT TO EXISTING 6"WATER MAIN EA 1 5900.00 $2,70D00 0 S000 1 $900.00 3 CONNECT TO EXISTING B"WATER MAIN [A 1 5950.00 5950,00 0 $0.00 1 $950OD 4 CUT IN 8"X 8"TEE LA 1 $2.600.00 $2,600.00 0 $0,00 0 S0.00 5 REMOVE AND DISPOSE OF EXISTING GATE VALVE A BOX EA 3 5I,500.00 54,5D).00 0 $0-UU 0 $0.00 6 REMOVE AND REPLACE 6'GATE VALVE 8 BOX EA 4 $3.400.D0 5_3,600.00 0 $0.00 4 S 0.500.00 7 REMOVE AND REPLACE B"GATE VALVE 3 BOX [A 11 53.900.00 S42,900.00 0 $0.00 10 53910GOA0 B REMOVE AND DISPOSE OF EXISTING HYUnANT FA 5 $160.01) $3,800.00 0 $000 3 $2.280.00 9 6'DIP CL 52 WATER MAIN if 70 $46 tlU $3.220.011 0 $0.00 30.5 S1,403310 IU 8'DIP CL,52 WATER MAIN U 30 553.00 $1.590.00 0 SO.00 8R 54.564,00 LI 6'GATE VALVE AND BOX EA 4 51,450.01) $5,800A0 0 $00U 1 SIA50.00 12 HYORANI EA $'I,000.00 S20,000.00 0 S000 3 512.000.00 13 VALVE BOX EXTENSION LF 2 $260.00 $520.00 0 50.00 0 50.00 Ed HYDRANT EXTENSION LF 1 5600.00 $600.00 0 WOO 0 SD.DD 15 DUCTILE IRON FITTINGS LB 100 $10.00 511000.00 0 $0,00 94 $940.00 SUBTOTAL-PART 2 $105,280.00 $OAO $78,687.00 PART 3.STORM SEWER 1 REMOVE AND DISPOSE OF EXISTING STORMSEWER L[ 910 510.00 $3.100.00 U $0 ED 902 $9,020.00 2 REMOVE AND DISPOSE OF EXISTING STORM SEWER MANHOLE EA 8 $400.00 S3,20000 D $0.00 I 53,200.00 3 POTHOLE EXISTING WATER MAIN EA 7 545000 $3,15000 0 $000 7 53,150.00 4 12"RCP STORM SEWER,CLASS 5 LF 70 540.00 $2.800.00 0 $0.00 70 52.900.00 5 15"RCP STORM SEWER,CUSS 5 1T 891 542.W 517.422.00 0 Saco R91 $37.422 00 6 IWRCPSTORM SEWER,CLASS 5 LI 236 $45.00 S_0,520.00 0 SOAO 236 S10.620.Do 7 24"RCP STORM SEWER,CLASS 4 Ll 369 $6200 522.870.00 0 $U.DU 369 $22.87I,DO a 17"RCP FLARED END SECTION INCL TRASH GUARD EA 1 5900.00 51.900 GO 0 SO.00 2 SIACKLOO 9 18'RCP TLARLD END SECTION INCI TRASH GUARD EA 7 SIOSOIX) $7.100.00 0 50.00 7 52,10O.L30 10 14'HCP FLAHEU END SELHUN INCI I NASH GUARU EA 1 5IAUD 00 $TAW 00 0 5000 1 $1,400.00 it RIP RAP,CLASS CY 0 511500 $920.00 17 S1.18JUDO 12 SU380,00 12 PXT CATCH BASIN [A 3 52,IDUMU 56,300.00 0 $0.00 3 S6,1000O 13 4'ON CATCH BASIN/MANHOLE EA 5 $2,500.00 5_2,500,00 0 $0.00 5 512,500.00 14 S'DIA CATCH BASIN/MANHOLE EA 2 $3.600.00 $7,200.OU 0 $0.00 2 S7,200.00 IS T DIA CATCH BASIN/MANHOLE W/SUMP EA 1 54,350.00 $4.350.00 0 $0.00 1 S4.350.00 IG BULKHEAD 15'RCP STORM SEWER EA 1 512500 512500 D SGOO I SL25 DO 17 BULKHEAD I8"RCP STORM SEWER EA 1 515000 515OLW 0 S0.00 1 $150.00 It BULKHEAL 36"RCP STORM SEWER EA 1 5725.00 S22SOD 0 SO.DO 1 5225.00 19 INLET PROTECTION EA 12 S17500 52,100.00 0 $000 3 S525.00 20 INSULATION SY 30 530.D0 $900.00 0 $0.00 24 572000 21 POND EXCAVATION IP) Cf d20 SIO.OU 54,200.00 0 SO.00 420 $4,100.00 22 INFILTRATION SWALE EXCAVATION(P) CY 675 510.DO $6,750.00 0 $0.00 0 50.00 23 SE L D MIX 330 ANU HYUROMIILCH SY 1600 $2 F5 54.40000 0 $0.00 0 5000 SUBTOTAL-PART 3 S14459000 $1.18000 $132.065.DO PART 4 STREET IMPAUVEM"ITS I MOBILIZATION IS 1 59G,DOO.DO $900DO GO 000 1010 075 $07150000 2 TRAFFICCOUTROL LS 1 59,00000 59,000 DO 0,00 10.00 075 $6,/5000 CONTRA R THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUAN71TY AMOUNT QUANTITY AMOUNT 3 tEMPGAARY ROCK CONSTRUCTION ENTRANCE LA 3 SI,2110OU S3,6p000 0.00 SD.00 1 $6110.00 a CLEAR AND GRUB TREES AND BRUSH is 1 $4,SDO.OD $4,500.00 0.00 5DOO 1 $4.500 W 5 TLMPORARV ACCESS URAOINU t5 I $2.000 OD $2,000.00 O,OO $000 6 TEMPORARY ACCESS AGGREGATE BASE LASS 5 IN 00 $30.00 S1,B00.00 0.00 $D.OB 60 S1,800.00 7 TEMPORARY ACCESS MAINTENANCE HR IU SUS.00 $1,250.00 0.00 $0.00 f0 S3.250.00 B REMOVE TEMPORARY ACCESS LS L SI,So0A0 51,50000 0.00 $0.00 0 Some, 9 REMOVE AND DISPOSE OF EXISTING CONCREI E CURB AND GUTTER LF 290 $6.00 $L740.00 0.00 5000 ISO $1.7-0.00 SU REMOVE AND DISPOSE OF EXISTING BITJMINOUS PAVEMENT SY 9160 $2.00 $1132000 0.00 $0.00 9,497 $11.974.00 it REMOVE AND DISPOSE OF EXISTING BR'JMINOUS PAVEMENT 1DRIVFWA SY 335 $4.00 51.340.00 0.00 $0.00 300 $1.200-00 12 REMOVE AND DISPOSE OF EXISTING LIGHT BASE FA 4 $300.00 51.200.00 0.00 $0,00 0 $0.00 13 SALVAGE AND REINSTALL SIGN EA 0 S200.00 51,600--O0 0.00 SO OD 0 $0.00 14 SALVAGE AND REINSTALL MAIL DROPROX LA 1 S25O.DO $25000 0.00 50.00 0 $000 IS SAIVAGI.AND REINSTALL RETAINING WALL IS 1 $1.500.00 57,50111.00 BOO WOO 0 S000 16 SAWCUT BITUMINOUS PAVEMENT LF 200 $3.00 S6DD.00 0,00 50.00 100 SSW 00 17 COMMON EXCAVATION(PI CY 7750 S9.00 SE9,750.00 0.00 $O L70 1,750 $69.750.00 1B SUBGRADE CORRECTION IFV) CY 34Q SITTIG S4,080 Do 000 $000 116 52,54200 19 SUBGRADE PREPARATION 0.4 2434 S4fi5.O0 $1.1.31810 0.00 50.00 24.34 SII131110 10 4'PERFORATED PVC DRAIN TILE WITH AGGREGATE ANDWRAP IF LW0 SI2A0 SII.00GDo 000 $000 950 S31,760.00 21 AGGREGATE EASE CLASS 5 TN G3111 510.50 $66,990.00 0p0 50.OD 6.780 $66,989.79 22 SELECT GRANULAR BORROW IN CY 4D90 S1UA0 510,900.00 0.00 $0A0 41090 S40,900.00 23 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE(2,11))SPWEA2300 TN 800 566.50 $53,200.00 0.00 $0.00 0 SO.00 24 TYPE SP 12,5 BITUMINOUS NON WEARING COURSE MIXTURE 12,B)FSPNV TN 1335 $57.75 $77,096.25 710,50 $45.073.83 1.290.5 $74.526.39 25 BITUMINOUS MATERIAL FOR TACK COAT GAL 565 $2.09 $1.13000 0.00 $0.00 25 SSO.DD 16 ADJUST MH CASTING�STEEL RING 12DI51 CA 11 WOOD S5,40000 0.00 SO.00 0 $0.00 27 ADJUST VALVE BOX 1201.51 EA 20 $250.00 S5,00000 0.00 $0,00 0 $0.00 2B 0524 CONCRETE CURB AND GUTTER LI 43113 $1077 $A6,418.10 0.00 $DAD 4.465 $48.033.05 29 0612 CONCRETE CURB AND GUTTER LF 105 S14.8U $1,554.00 0.00 50.00 43 $636.40 30 CONCRETE PEDESTRIAN RAMP FA 12 $429.00 $5,040.00 OAK) 50.00 2 5840,DO 11 5"CONCRETE SIOEWAIX Sr 13110 S3.50 S45.885.00 ODD $DOD 12.468 543.638A0 32 8"COMMERCIAL CONCRETE DRIVEWAY PAVEMENT IHIGH EARLY) SY 340 S70.00 S23,900.00 0.00 $0.00 331 $23,110.00 33 6"CONCRETE FLUME SY 35 550.00 SL/5000 0,00 50.00 0 SU.W 34 TRUNCATED DOME PANELS SF 168 S42.00 S7,056.00 0.00 $0.00 18 Sl37fi.W i5 BITUMINOUS DRIVEWAY PAVEMENT SY 105 $50.00 $5,250.00 35.OD $1,750.00 35 S1,750.00 36 TYPE SP 95 BITUMINOUS WEARING COURSE MII(JURI-TRAIL 12.8))SPW IN 770 S65.00 $17.55000 Opp $000 0 50,DO 37 SODDING SY 5000 54.25 $21,250.00 0.00 $0.00 0 SO.00 36 IMPORT AND PLACE TOPSOIL BORROW(CVI CY SOO S35.DO 517.500.00 ODD SO-OO U SODO 39 SEED&EROSION CONTROL BLANKET SY 2000 $3.25 16.500.00 0.00 SG.DD 0 WDO 40 SEED&RYDROMULCH SY 5500 52-15 $11.825.00 0.00 $0.00 0 $0.00 41 SILT FENCE,TYPE MACHINE SLICED tF 1000 $1.95 S1,950A0 0,00 SDAD 0 $O,OO 42 SILT FENCE,TYPE FLOATING LF 30 5i2.SO 567500 (Lou SO.DC 0 $0.00 43 DITCH CHECK BIOROLL LF IOU S5.75 S1,150.00 0,00 50.0c 30 5172.50 44 STREETSL.EEPING HIT 15 $125.00 SI,875AO (TOO 50.0C 0 WOO 45 SIGN PANELS,TYPE C ST 6 54S.00 $281.25 0.00 $O.OE 0 W-00 4b 4"DOUBLE SOLID YELLOW LINT,EPDXY IF 2270 SLSO S3,405.00 000 SO.DC 0 $0.00 47 4"SOLID WHITE LINE.EPDXY LF 110 $0.75 S82.50 0,00 SO.DC 0 SDpo 48 RIGHT TURN ARROW,TAPE EA 1 S&1500 $84500 0.00 $O.DC 0 WOO SUBTOTAL PARK 4 S714,706.80 546,823.8E S504,271-22 ALTERNATE NO.I-SANITARY SEWER SOUTH OF TH 5 1 CLEARANOGNUOTNEESANDBRUSII L$ 1 S4,DDD00 54.UWp0 ❑ 50,OD 1 54,000.00 2 REMOVE AND DI S POSE OF EXISTING ST01414 SEWL It LF 20 STOOD $200.00 0 $O.00 0 50.00 3 PATCH GRAVEL DRIVEWAY TN IOU $20.00 54,000.00 0 50,00 0 SO.00 4 141"CM DRIVEWAY CULVERT LF 20 545.00 $900.00 0 $0.OD 0 $0.00 5 18"CMP FLARED END SECTION EA 2 $490.00 $960.00 0 MOD 0 SO.OD 6 15"PVC SANITARY SEWER.SUR 76,IS'-20 DEEP LF 625 $94,00 $58,750.W ❑ $O-DD 625 559.750.00 7 15"PVC SANITARY SEWER,SON 26,20' 25'DEEP LF 1255 596A0 $120,490A0 0 50.00 1,255 5120.49000 8 14"PVC SANITARY SEWER,C905 DR 25,IN CASING LF 164 $40.00 56,560DO 0 MOD 16.1 $6,560.00 9 14"PVC SANITARY SEWER,C905 OR 25,20' iS'DEEP LF 20 576.00 $1,520.00 0 $OAO 70 $1.520.00 10 28'STEEL CASING PIPE)JACK/AUGERED) IF 164 $565.00 S92.56000 0 SOAO 60 S33.9UO.OD 11 PIPE FOUNDATION ROCK LF 1009 S0.01 510.DO p $O.DU U $0.00 12 TELEVISING LF 2061 SZOO 34,12200 0 SG Do 0 $000 13 4 DIAMETER SANITARY SEWER MH EA 8 53,20DOO 525,GDD.00 0 WOO 3 525,000.00 14 4'DIAMETER EXCESS MANHOLEDEPTH LF 115 $125.00 $14.375,00 0 $U.W 1091 S13.65000 IS SOIL DECOMPACTION AC 5 51,200.00 S6.000.00 0 $0.00 0 $000 1b SILT FINCI,TYPE MACHINE St KAD LF 300 5195 SSBSOD 0 SOEA 0 $0 W 17 SEED AND BLANXEI SY 1500 5325 S4,87500 0 SOW ❑ S000 SUBTOTAL. ALTERHATEN0.1 $345.59700 $0 OD $264460-00 TOTALS-BASE CONTRACT 51,760,458.80 $48,203.80 51,431,242.52 CHANGE ORDER NO,1 COI.1 CONNFL7 TO CXISIING 6'WATER MAIN EA 1.0 S90D.00 $1.800,00 p $0,00 0 $0.00 co-2 EONNEC7 TO EXISTING B'WATER MAIN EA 2.0 $950.00 $1,90000 0 S000 2 51,400.00 COI-3 CONNECT TO EXISTING 16'WAFER MAIN EA 1-0 $1,60D.00 S1,GD0.00 0 $0.00 1 St.500.00 C014 CUT IN B'X 6'TEE EA -1.0 52.600.00 $2.600.00 0 50.00 0 50.00 CODS REMOVE AND DISPOSE OF EX15FING B'WATT R MAIN IF 875.0 $6.00 S5,150,00 0 $0.00 894 $5.304.00 CONTRACT 7H15 PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AtAOUNT (QUANTITY AM13UNI QUANTITY AMOUNT COlb REMOVE AND DISPOSE OF EXISTING GATE VALVE A BOX EA 1.0 51,500.00 S1.5OO.DO O 50.00 1 $1,500.00 Cot-- 16"DIP CL.5I WATER MAIN IF 875.0 56900 560,375 00 0 50.00 875 $60,375 00 COI.B 9-GATE VALVE AND BOX FA 2.0 SL700.00 $3,400.00 0 50.00 2 $3,400.0D CY31.9 16'BUTTERFLY VALVE AND BOX CA 2.0 53,000.00 $6,000.00 0 50.00 2 $6,000.GO CO1-37 DUCTIU IRON FITTINGS L0 2,680.D $10.00 S26,800.00 0 $0.00 2,525 $25,250.00 COl-11 8'DIP CL 52 WATER MAIN LF 10.0 $53.00 $510.00 0 $0.00 9 $477.01) CO1-12 10"HOPE OR 11 WATERMAIN INSTALLED BY DIRECTIONAL DRILL LF 90.0 WILING SL6,Oz0.00 0 SO.OD D SO.DO TOTALS-CHANGE ORDER NO,1 S118,975.00 $0.00 5105.506.00 CHANGE ORDER NO.2 —,I MANHOLE CORE ORlll LS LO S3.82SA0 $3.625.00 0 $0.00 1 S3,825.00 CO2-: GEOTEXTILE FABRIC SY 9.940.0 $1.95 $13,389.00 0 $0.00 9,940 51&389.00 TOTALS-CHANGE ORDER NO.2 $22,214.00 SO.oO Sz2,214.00 CHANGE ORDER NO,3 C13-1 30-INCH CASING PIPE-PIPE HAMMER IS lb $19,435.00 $19.435.00 0 $0.00 1 $19.435.00 TOTALS-CHANGE ORDER NO,3 519,a3s.ao 50.00 S19,435.00 CHANGE ORDER NO.4 C04-1 48-INCH CASING PIPE ll I640 S1,300.DO izl3.2W.OD U SO.DO 164 $213.200.00 CO4-: DEDUCT z3-INCHCASING PIPCINOTINSTALLEO) LI lU4.0 $S65.00 558.760.OD 0 50.OD 0 50.00 TOTALS-CHANGE ORDER NO.4 $1s4,44o.ao SO.DC $213,2110,00 TOTALS-REVISED CONTRACT 52,07sszz.Bo S4B,203AE $1,791,B97.52 1111.CITY Or LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 CONSENT ITEM# 7 AGENDA ITEM: Pumphouse No. 4—Pay Request No. 8 (Final) SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin,City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): - 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 POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Final payment is proposed in accordance with the Contract for the project. Payment remains within authorized contract amount and approved change orders for the project. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider, as part of the Consent Agenda, accepting the improvements and approving Pay Request No. 8 (Final) for the Pumphouse No. 4 Improvements. The work has been reviewed by the Engineer and is fully completed in accordance with the Contract, Plans and Specifications and Change Orders. If removed from the consent agenda,the recommended motion for the action is as follows: "Move to accept the improvements for the Pumphouse No. 4 Improvements and approve Pay Request No. 8 (Final) to Total Mechanical Services, Inc. in the amount of$38,252.06." --page I -- City Council Meeting [Consent Agenda!lent 7] June 9,2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Total Mechanical Services, Inc., the Contractor for the project, has completed the Pumphouse No. 4 Improvements in accordance with the construction contract awarded by the council on February 18, 2014. The Project Engineer has prepared a Certification of Completion indicating that all work is completed including all punchlist items and is recommending the acceptance of the improvements and release of the final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on June 9, 2015 and will extend through June 8,2016. The final total construction costs for the project is $765,041.25 which is 2.2% over the original contract amount of$748,640.00. Added project costs were primarily due to the increased amount topsoil borrow and select granular borrow material used onsite. A greater amount of topsoil was imported to the site than was originally planned due to the lack of existing topsoil which could be salvaged on site. Extra select granular borrow material was imported to make soil corrections under the footing of the building. Soil corrections were needed to replace unforeseen poor soil conditions. The project is being partially funded through the MN-DEED water system grant. A breakdown of the project costs compared with the previously approved budget is shown below. Post Construction Costs Authorized Project Budget Costs Total Project Costs: $977,400 $977,400 Funding Source: DEED Water Agreement Funds: $263,516 $260,000 Water Enterprise Funds: $713,884 $717,400 Release of final payment is contingent upon the Contractor submitting final lien waivers. RECOMMENDATION: Staff is recommending that the City Council consider, as part Qf the Consent Agenda, accepting the improvements for the Pumphouse No. 4 Improvements and approving Pay Request No. 8 (Final) in the amount of $38,252.06. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the improvements for the Pumphouse No. 4 Improvements and approve PaJ; Request No. 8 (Final) to Total Mechanical Services, Inc. in the antotutt of$38,252,06." ATTACHMENT(S): 1. Certificate of Completion. 2. Partial Pay Estimate No. 8 (Final). --page 2-- CITY OF LAKE ELMO,MN PUMPHOUSE NO.4 PROJECT NO.2013.132 IMPROVEMENTS CERTIFICATE OF COMPLETION DATE OF ISSUANCE: JUNE 9, 2015 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: TOTAL MECHANICAL SERVICES, INC. PROJECT NAME: PUMPHOUSE NO. 4 IMPROVEMENTS PROJECT NO.: 2013.l32 ® This Certification of Completion applies to all work under the Contract Documents ❑ This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated FEBRUARY 18, 2014. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: JUNE 9,2015 Chad Isakson Reg, No. 49028 CI j . FOCUS Engineering, Inc. THE WARRANTY PERIOD BEGINS DUNE 9,2015 AND ENDS JUNE 9,2016 PROJECT PAY FORM /� PARTIAL PAY ESTIMATE NO. 8 (Final) FOCUS ENGINEERING, inc. PUMPHOUSE NO.4 PERIOD OF ESTIMATE PROJECT NO. 2013.132 FROM 1/23/2015 TO 5/27/2015 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO TOTAL MECHANICAL SERVICES,INC. 3800 LAVERNE AVENUE NORTH 420 BROADWAY AVE LAKE ELMO,MN 55042 ST. PAUL PARK,MN 55071 ATTN:JACK GRIFFIN,P.E.,CITY ENGINEER ATTN:MARK DIESSNER CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $748,640.00 Date Additions Deductions 2. Net Change Order Sum $16,401.25 1 11/18/2014 $9,604.75 3, Revised Contract(1+2) $765,041.25 2 2/3/2015 $6,796.50 4. *Work Completed $765,041.25 S. *Stored Materials $0.00 6.Subtotal(4+5) $765,041.25 7.Retainage* 0.0% $0.00 8. Previous Payments $726,789.19 TOTALS $16,401.25 $0.00 9.Amount Due(6-7-8) $38,252,06 NET CHANGE $16,401.25 ,,_ -Detailed Breakdown Attached CONTRACT TIME START DATE: 5/19/2014 ORIGINAL DAYS 214 ON SCHEDULE SUBSTANTIAL COMPLETION: 11/28/2014 REVISED DAYS 0 YES FINAL COMPLETION: 12/19/2014 REMAINING -159 NO ENGINEER'S CERTIFICATION: FOCUS Engineering,inc. The undersigned certifies tha,the work has been reviewed and to the �, 8 best of their knowledge and belief,the quantities shown in this W ca— estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. 5/28/2015 DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their = �` knowledge,Information and belief the work covered by this payment estimate has been completed in accordance with the contract BY documents,that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner,and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY BY DATE DATE FOCU5 Engineering,inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 8(FINAL) PUMPHOUSE NO.4 FOCUS ENGINEERING, inc. CITY OF LANE ELMO,MINNESOTA PROJECT NO.2013,132 ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT I DIV 1•GENERAL CONDITIONS LS 1 560,000.00 $(i0,000.00 50 00 100 $60,000.00 2 DIV 1-MOBIUZATION LS 1 510,000.00 $101000.00 - $0.00 1,00 SID,000DO 3 DIV 2-SITE WORK LS I S45,D00.00 545,000.00 - $0.00 1.00 $4S,000.00 4 DIV 3-CONCRETE LS 1 530,DDO.00 $30,000.00 - $0.00 1.00 $30,000.DO 5 DIV 4-MASONRY LS 1 $59,000.00 $59,000.00 - SODO I.DO $59,000,DO 6 DIV 5•METALS LS 1 $3,000.00 $3,000.00 $0.00 IDD 53,000.00 7 DIV 6-CARPENTRY LS 1 519,1300.00 $19,000DD $0.00 ].OD $19,000.00 B DIV 7 THERMAL PROTECTION LS 1 $13,000.00 513,000.00 - $0.00 1.00 $13,000.00 9 DIV 8•DOORS AND WINDOWS LS 1 512,000.00 $12,000.00 $0.00 1.00 $12,0013.00 10 DIV 9-FINISHES LS 1 $10,000.00 S10,000.00 $0.00 1.00 510,OOD,OD 11 DIV 10-SAFETY AND SIGNS LS 1 55.000.00 S5,000,00 $0.00 1.00 S5,000.00 12 DIV 11 PROCESS E QUIPMENT LS 1 $60,000.GO $60,000.00 - $0.00 1OD 560,000.00 13 DIV 15-MECHANICAL l5 1 $137.900.00 5137,90000 SO.00 1.00 5137,9013.130 14 DIV I6-ELECTRICAL LS 1 S243,000.00 S243.000.00 SOOO 1.00 5243,00000 15 COMMON EXCAVATION(P) CY 350 S7I DO 53,850.00 $0 00 35000 53,850.00 16 TYPE 5P.17.5 BITUMINOUS WEARING COURSE MIXTURE(2,0) TN 130 $108.00 $14,040.00 50.00 114.0 512,312.00 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 35 $6.00 5210.00 $0.00 35.0 S21000 18 AGGREGATE BASE CLASS 5,100%CRUSHED TN 190 $20.00 S3,800.00 - $0.00 237.0 S4,740.00 19 SELECT GRANULAR BORROW(MODIFIED) TN 380 $13.50 $5,130.00 - $0.00 637.0 58,599.50 20 5"CONCRETE SIDEWALK SF 235 S5-00 $1,175.00 50.00 235.0 51,175.00 21 TRUNCATED DOME PANELS SF 8 54000 $320,00 - 50DO 8.0 $320.00 22 TOPSOIL BORROW ICV) CY 15 S6S.00 $97500 - $ODo 226.0 $14,690.00 23 TEMPORARY ROCK CONSTRUCTION ENTRANCE [A I SI,00000 $1,000.00 - $0.00 1.0 $1,000.00 24 SILT FENCE,MACHINE SLICED LF 400 $3.00 S7,200.00 - $0-00 4DO.0 $1,200.00 25 STREET SWEEPER Hit 4 SI10.00 5440DO - $0.00 4.0 S440.00 26 SOD Sy 2,400 54.00 59,600.00 $0.00 50.00 TOTALS-BASE CONTRACT $748,640.00 $0.00 $755,436.50 CHANGE ORDER NO.1 lco:.i HVOROSEE0ING SY 2,945 $190 $5,595.50 50.00 2945.00 $5,595.SU CO -2 GRADING FOR SOIL CORRECTION 110 14.5 5276.50 $4,009.25 - $0.00 14.50 54,009.25 TOTALS-CHANGE ORDER NO.1 $9,604,75 $0.00 $9,604.75 COMPENSATING CHANGE ORDER NO.2 CO2-1 COMPENSATING CHANGE ORDER LS 1 $6,79G.50 56,79G.50 - $0.00 TOTALS-COMPENSATING CHANGE ORDER NO.2 $6,796.50 $0.00 $0.00 TOTALS-REVISED CONTRACT $765,041,25 $0.00 $765,041.25 TI IL CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 CONSENT ITEM # g AGENDA ITEM: Section 34 Pressure Reducing Valve Stations—Pay Request No. 2 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin,City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent endal: 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 POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 2 for the Section 34 Pressure Reducing Valve Stations project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 2 to Geislinger& Sons Inc, in the aniount of$2,590.35 for the Section 34 Pressure Reducing Valve Stations". --page I -- City Council Meeting [Consent Agenda hem 81 June 9,2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Geislinger & Sons Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 2 in the amount of$2.596.35. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $4,555,00. The improvements include two precast concrete water pressure reducing valve stations and associated utility and site work with one PRY station to be installed along the Hudson Boulevard trunk watermain near the new Kwik Trip service station and one within the Savona 2"d Addition. The pressure reduction stations are required to reduce the operating pressures for properties located in the low pressure zone areas of Section 34. The high pressure zone is located in the southwest part of the City including most of Section 33 and 34 with the east end of Section 34 transitioning down to the Low Pressure Zone. The project is being completed as a public improvement project with the costs fully assessed against the Section 34 properties. The project was awarded for construction by the City Council on October 21, 2014. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 2 for the Section 34 Pressure Reducing Valve Stations project. If removed from the consent agenda,the recommended motion for the action is as follows: "Move to approve Pay Request No. 2 to Geislinger& Sons Inc. in the amount of S2,596.35,for the Section 34 Pressure Reducing Valve Stations". ATTACHMENT(S): 1. Partial Pay Estimate No. 2 --page 2— PROJECT PAY FORM PARTIAL PAY ESTIMATE NO, 2 FOCUS ENGINEERING, inc. SECTION 34 PRESSURE REDUCING VALVE STATIONS PERIOD OF ESTIMATE PROJECT NO.2013.126 FROM 12/24/2014 TO 5/29/2015 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO GEISLINGER AND SONS,INC. 3800 LAVERNE AVENUE NORTH 511 CENTRAL AVE S P.O.BOX 437 LAKE ELMO,MN 55042 WATKINS,MN 55389 ATTN:JACK GRIFFIN,P.E.,CITY ENGINEER ATTN:JEFF GEISLINGER,PRESIDENT CONTRACT CHANGE ORDER SUMMARY „~ PAY ,.. , ESTIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $93,600.00 Date Additions Deductions 2.Net Change Order Sum $0.00 3.Revised Contract(1+2) $93,600.00 4.*Work Completed $91,100,00 S.*Stored Materials $0,00 6.Subtotal(4+5) $91,100.00 7.Retainage* 5,0% $4,555.00 8.Previous Payments $83,948.65 TOTALS $0.00 $0.00 9.Amount Due(6-7-8) $2,596.35 NE—CHANGE $0.00 ;Detailed Breakdown Attached CONTRACT TIME START DATE: 11/24/2014 ORIGINAL DAYS 179 ON SCHEDULE SU05TANTIALCOMPLETION: 12/19/2014 REVISED DAYS 0 YES ❑X FINAL COMPLETION: 5/22/2015 REMAINING -7 NO Q ENGINEER'S CERTIFICATION: FOCUS Engineering,inc. The undersigned certifies that the work has been reviewed and to the (� best of their Mowledge and belief,the quantities shown In this W estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. 06/02/2015 DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their _ knowledge,Information and belief the work covered by this paymentaa- estimate has been completed In accordance with the contract BY documents,that all amounts have been paid by the contractor for G work for which previous payment estimates was Issued and payments received from the owner,and that current payment shown herein is DATE now due. APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY BY DATE DATE PARTIAL PAY ESTIMATE NO, 2 C SECTION 34 PRESSURE REDUCING VALVE STATIONS FOCUS ENGINEERING, inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2013.125 ITEM DESCRIPTION OF PAY REM UNIT CONTRACT THLSPERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT BASE BID-HUDSON BOULEVARD PRV STATION 1 HUDSON BLVD PRV STATION LS 1 591.10000 591,1011.00 003 62,733.00 1.00 591,100.01) 2 WAl'ERb1AIN BYPASS-HUDSON BLVU PHV STATION LS 1 $2,500.00 $2,50100 000 50,00 0.00 $0.00 SUBTOTAL-BASE BID S93.6m.00 S2,733.00 59moo-00 TOTALS•BASE CONTRACT $931600.00 $2,733.00 $91,100.00 TI II:CITY Or LAKE ELMO MAYOR & COUNCIL COMMUNICATION ION DATE: ,Lune 9, 2015 CONSENT ITEM # 9 AGENDA ITEM: Easement Encroachment Agreement— 12409 Marquess Way N SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase,Building Official Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS(if removed from consent agenda): - Introduction of Item.....................................................................................Staff - Report/Presentation...........................................................................Staff - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the encroachment agreement for Dylan & Lyndsey Thomas at 12409 Marquess Way N as part of tonight's consent agenda. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of an easement encroachment agreement. The City has received a request to install a fence within a drainage and utility easement area at 12409 Marquess Way N from Dylan and Lyndsey Thomas. Approval of the requested improvement within the City's drainage and utility easements would allow the property owners to construct the requested improvement within the City's drainage and utility easements located on their private property. S1nff is recommending that the City Council approve the easement encroachment agreement as prat of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through lhe following motion: --page I -- City Council Meeting [Consent Agenda/lent 9] June 9,2015 "Move to approve the easement encroachment agreement for D>>lan & Lyndsey Thomas, 12409 Marquess Way N to install a fence within the City's drainage and utility easement." LEGISLATIVE HISTORY: The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the City. When a resident is interested in putting a structure within an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that information is received, staff reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If staff determines that the improvement will not negatively impact the functionality of the easement, an approved building permit showing the requested work and an Easement Encroaclunent Agreement is needed before the work may commence. The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning staff. The proposed fence meets all city code requirements and Staff would have otherwise authorized construction of the fence if it did not encroach into a drainage and utility easement. BACKGROUND INFORMATION(SWOT): Strengths: The easement encroachment agreement is a legal document that has been signed by all property owners seeking to install improvements within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. Weaknesses: None Opportunities:None Threats: None RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the easement encroachment agreement as part of*lhe Consent Agenda, If the City Council remotes the item from the Consent Agenda, the recommended action can be completed through the following motion: "Move to approve the easement encroachment agreement for Dylan & Lyndsey Thomas to install a fence within the City's drainage and utility easement." --page 2-- TI IF CITY OF LAKE ELMC) MAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 CONSENT ITEM# 10 AGENDA ITEM: Temporary Liquor License for Lake Elmo Jaycees SUBMITTED BY: Beckie Gumatz, Deputy Clerk THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Adam Bell, City Clerk/Assistant City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator Report/Presentation................................................City Administrator - Questions from Council to Staff............................................. Mayor Facilitates Call for Motion...............................................................Mayor& City Council Discussion.......................................................................Mayor& City Council Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Lake Elmo Jaycees, State FISCAL IMPACT: SUMMARY AND ACTION REQUESTED: As pant of the Consent Agenda, City Council is respectfully requested to consider approval of a temporary on-sale liquor license issued to the Lake Elmo Jaycees for their annual Huff n' Puff Days event held August 6 through 9, 2015, subject to approval of the Director of Alcohol and Gambling Enforcement. In addition, the City Council is requested to waive the $25 liquor license fee and the fee for the Lion's Park ball field lighting. As part of the Consent Agenda, no formal motion is required. If removed from the Consent Agenda, the recommended motion is as follows: "Move to approve a temporary on-sale liquor license issued to the Lake Elmo Jaycees for their Huff n'Pc ff Days event held August 6 through 9, 2015, subject to approval of the Director of MNAlcohol and Gambling Enforcement Division, and waive both the $25 liquor license fee and the fee for Liar's Park ball field lighting." --page I -- City Council Meeting [Consent Agenda Item 10] June 9,2015 LEGISLATIVE HISTORY: Pursuant to Lake Elmo City Code Chapter 111.17 Section (13)(3), temporary on-sale licenses shall be issued only to clubs, charitable, religious, or other non-profit organizations in existence for at least three years and shall authorize the on-sale of intoxicating liquor in connection with a social event sponsored by the licensee and subject to the restrictions imposed by MN Statute 340A. Lake Elmo Jaycees will hold their annual Huff n' Puff Days event August 6 through 9, 2015 and have requested an on-sale temporary special event liquor license to allow for the safe sale of alcoholic beverages at the event. RECOMMENDATION: If removed from the Consent Agenda, Staff recommends the following motion: "Move to approve a temporary on-sale liquor license issued to the Lake Ehno Jaycees for their Huff n'Puff Days event held August 6 through 9, 2015, subject to approval of the Director of MNAlcohol and Gambling EDrforcement Division, and waive both the $25 liquor license fee and the fee for Lion's Park ball field lighting." --page 2-- n W.CHN 1 n LAKE �LNIO MAYOR & COUNCIL COMMUNICATION DATE: June 9,2015 REGULAR $$ ITEM# 11 AGENDA ITEM: 2015 Capital Improvement Financing Plan; Presentation of Financing Plan of G.O. Bonds, Series 201.5A; Approval of the issuance of G.O. Bonds, Series 2015A SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Tammy Omdal, Senior Vice President,Northland Securities REVIEWED BY: Dean Zuleger, City Administrator Finance Committee SUGGESTED ORDER OF BUSINESS: - Questions from Council to Staff............................................. Mayor Facilitates - Report/Presentations...............................City Staff,Northland Securities - 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 POLICY RECOMMENDER: Finance Committee FISCAL IMPACT: City responsibility for the debt service on the issuance of$2.815,000 of new debt as presented in the Financing Plan. SUMMARY AND ACTION REQUESTED: Throughout 2015, various projects have been brought to City Council and have been approved to move forward. The updated 2015 CIP listing was reviewed in detail by the Finance Committee on May 13, 2015. This Financing Plan represents the financing needs based on those approved projects. --page 1 -- City Council Meeting [Regidar Agenda Item 11] June 9,2015 STAFF REPORT: Tammy Omdal, Senior Vice President with Northland Securities will present the report and respond to inquiries. BACKGROUND INFORMATION (SWOT): Strengths Provides funding for infrastructure projects at a low rate. Projects included are the 391" Street Project costs (additional funding needs due to approved project scope changes after 2014 bonding cycle), the Inwood Booster Station Project, the Eagle Point Street Reconstruction Project (100% assessment project) and some equipment purchases. Weaknesses None identified. Opportunities Ability to complete the Inwood Line of the water "loop" in 2015 and provide water and sewer to new development areas of the City. Threats If developments are delayed or do not materialize, the enterprise Fund may not be able to independently fund the debt service payments on the infrastructure bonding. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2015-49 authorizing the issuance and sale of$2,815,000 in General Obligation Bonds, Series 2015A, "Move to approve Resolution No. 2015-49 authorizing the issuance and sale or General Obligation Bonds,Series 2015A in the aniount of$2,815,000" ATTACHMENT(S): 1. Northland Securities Finance Plan Summary for G.O. Bonds, Series 2015A 2. Certificate of Minutes and Resolution No. 2015-49 Authorizing the Issuance and Sale of G.O. Bonds, Series 2015A --page 2-- FINANCE PLAN SUMMARY ii _ - - i � I Fort "j CITY OF LAKE ELMO, MINNESOTA j l $2,815,000 GENERAL OBLIGATION BONDS, SERIES 2015A It; � /f I' �r- t 1i � E NORTHLAND SECURITIES 45 South 71h Street Suite 2000 Minneapolis,NIN 55402 612-851-5900 800-851-2920 i t June 9, 2015 City of Lake Elmo, Minnesota $2,815,000 General Obligation Bonds, Series 2015A FINANCING OVERVIEW This Finance Plan Summary describes the recommended terms and process for the public issuance of$2,815,000 of General Obligation Bonds, Series 2015A through a competitive public sale process. PURPOSE Proceeds from the Bonds will be used to fund a portion of the City's 2015 infrastructure projects and purchase of equipment including: • 391h Street Project • Inwood Booster Station Project • Eagle Point Reconstruction Project • Equipment Purchases The estimated financing required for project costs is$2,739,211 allocated to include$1,164,561 of utility system costs, $1,447,100 of improvement project costs, and $127,550 of equipment costs. The total borrowing required including financing costs is$2,815,000 and is detailed in Figure 1. FIGURE 1 Improvement Issue Portion Utility Portion Equipment Summary Sources Ot Funds Par Amot it ol'Bonds SI,490, 00,00 $1,195,000.00 S130,000.00 2,815,000.00 Taal Sources S1,490,000,00 S1,195,000.00 S130,000.00 $2.815,000.00 Uses Of Funds Total Undcrmriter'sDisuount (1.250%) 18,625.00 14.937.50 1.625.00 35,18735 ---st---s or--_.__._._......____.__....._...._.._--_.—__ --.. ..----...__.__............._.._.---- Co Issuance 20,881.17 16,746,98 1,821.85 39,450.00 _._........._-._........ _....__........__._...__._,—F-___.__._.�._ ----_....._._.... 1.164. 1.00 .______.---_..._..-._._._...._._.__.....___..._-6 I7eposil to Prajecl Construction Fwtd 1,447,100,00 1,164,561.OU 127,550.00 2,739,211.00 RowidingAmount 3,393.83 (1,245.48) (996.85) 1,151.50 Total Uses S1,490,000.00 S1,195,000.00 $130,000.00 S2,815,000.00 Page 2 NORTH LAN 1) SECURITIF-S STATUTORY AUTHORITY The Bonds will be issued pursuant to the authority of Minnesota Statutes Chapter 475, 429, 444, and 412.301. The City's bond attorney from Dorsey & Whitney is assuring compliance with Minnesota and Federal laws. DEBT SERVICE STRUCTURE The total repayment generally reflects a level annual requirement over a tern of ten years for the Improvement portion, and a tern of fifteen years on the Utility portion and not to exceed seven years on the Equipment portion with an assumed average interest rate of 2.30% and an all inclusive cost of 2.69%. Individual repayment schedules for the improvement portion, utility portion, and equipment portion have been reviewed with City staff regarding projected revenues to repay the debt service and compliance with the City's Debt Management Policies. The total estimated debt service is illustrated in Figure 2. Page 3 NORTHLAND SECURITIES FIGURE 2 Debt Service Schedule Date Principal Coupon Interest TotaIP+I FscaITotaI 07/15/2015 07/15/2016 - - 56,262.50 56,262.50 01/15/2017 200.000.00 1.050% 28,131.25 228,131.25 284,393.75 07/15/2017 - 27,081-25 27,081.25 - OU15/2018 22 ,000.00 1.200go 27.U81.25 252,081.25 279.162.50 07/15/2018 - - 25,731.25 25,731.25 - 01/15/2019 240.000.00 1.400% 25,731.25 265,731.25 291,462.50 07/IS2U19 - 24,051.25 - 24,051.25 - 01/152020 240,000AO 1.550% 24,051.25 264,051.25 298,102.50 07/152020 - - 22,191.25 22,191.25 - 01/15/2021 245,000.00 1.750% 22,191.25 267,191.25 289,382.50 07/152021 - - 20,047.50 20,047.50 - 01/15/2022 245,000.00 1,900% 20,047.50 265,047.50 295.095.00 07/15/2022 - - _ 17,720.00 17,720.00 01/15/2023 250,000.00 2.050°/u - 17,720,00 267,720.00 - 285,440.OT 07/15/2023 - - 15,157.50 15,157.50 01/15/2024 - -- °f° 235,000.00 —2.200 _- v--15.157.50 250jI57.50 265,315.01) 07/15/2024 - 12,572.50 12,572.50 - 01/152025 240,000.00 2.350% 12.572.50 252.572.50 265,145.00 07/152025 - - 9,752.50 9,752.50 - 01/15/2026 250,000.00 2.500% 9.752.50 259,752.50 269,505.00 67/15i2026 - 6,627.50 6,627.50 — - 01/15/2027 85,000.00 2.650% 6,627.50 91,627.50 98,255.00 07/15/2027 - 5,501.25 5,501.25 - 01/152028 85.000.00 2.800% 5,501.25 90,501.25 96,002..50 07/15/2028 - - 4,311.25 4,311.25 - OIJ152029 90,000.00 3.000% 4,311.25 94,311.25 98,622.50 07/152029 - - —---2 961.25 --- 2,961.25 - 01/15/2030 90,000.00 3.150% 2,961,25 92,964.40 95.922.50 07/15/2030 - - 1,543.75 1,543.75 - 01/152031 95,000.00 3.250% 1,543.75 96,543.75 98,097.50 Total 53,815,000.00 $474,893.75 $3,289,893.75 - Page 4 NORTHLAND SFCU111TIES SECURITY & SOURCE OF REPAYMENT The Bonds will be a general obligation of the City of Lake Elmo. In addition, the City will pledge special assessments of approximately$1,460,120 on the Improvement portion,$1,471,163 to the Utility portion for the repayment of the debt service on the Bonds. The assessment revenue assumes first collection in 2015 over a term of 10 years for the Improvement portion and an interest rate of 4.05% (2% over the average coupon on the Bonds). We have assumed the remaining Utility debt service portions of the bond issue will be supported from the enterprise funds and have therefore pledged those sources accordingly, The Equipment portion of the financing is 100% tax levy. An illustration of the projected debt service fund cash flow for the Improvement portion is shown in Figure 3, Figure 4 shows the 105% Levy required for the Equipment portion,and Figure 5 shows the Utility Portion. FIGURE 3 Revenue vs D/S - Improvement Portion Less: Equals: Scheduled Assessment City Net Collection Date P+I 105%Levy Revenues Levy Levy Year Year 01/15/2016 - - 01/15/2017 165,826.25 174,117.56 181,365.98 (7,248,42) 2015 2016 01/15/2018 165,905.00 174,200.25 181,365.52 (7,165.27) 2016 2017 01/15/2019 169.225.00 177.686.25 181,365,09 (3,679.83) 2017 2018 01/152020 167,195.00 175,554.75 181,365,56 (5,810.81) 2018 2019 01/152021 169,947.50 178,444.88 181.365,48 (2,920.60)------ 2019 -2020 01/152022 167.322.50 175,688.63 181,365.10 (5,676.47) 2020 2021 01/152023 169,472.50 177.946,13 181,365.30 (3,419.18) 2021 2022 01/152024 166,295.00 174,609.75 181,365.57 (6,755.82) 2022 2023 01/15/2025 167,885.00 176,279.25 181,366.03 (5,086.78) 2023 2024 01/152026 169,125.0(1 177381.25 181.365.39 (3.784.14) 2024~ 2025 Total $1,678,198.75 S1,762,108.69 S1,813,655.03 Note: Negative amounts shown for Cihl net levy above will result in no levy to be certified. FIGURE 4 105% Levy - Equipment Portion Scheduled Levy Collection Date P+I 105%Levy Year Year 01/15/2017 18,101.25 19,006.31 2015 2016 01/15/2018 16,910.00 17,755.50 2016 2017 01/15/2019 21,730.00 22,816.50 2017 2018 01/15/2020 21,450.00 22,522.50 2018 2019 01/15/2021 21,140.00 22,197.00 2019 2020 01/152022 20,790.00 21,829.50 2020 2D21 01/152023 20,410.00 21,430.50 2021 2022 loud S140,531.25 $147,557.81 Page 5 NORTHLAND 0SE•CUR[T]ES FIGURE 5 Debt Service Schedule - Utility Portion Date Principal Coupon Interest Total P+I Fiscal Total 07/1 5/2015 - - 07/15/2016 - - 26,977.50 26,977.50 - 01/15/2017 60,000.00 1.050% 13,488.75 73,488.75 100,466.25 07/15/2017 - - 13,173.75 13,173.75 - 01/15/2018 70,000.00 1.200% 13,173.75 83,173.75 96,347.50 07455d618 - - 12,753.75 12,753.75 - 01/15/2019 75,000-00 1.400% 12,753.75 87,753.75 100,507.50 07/15/2019 - - 12,228.75 12 228.75 - 01/15/2020 75,000.00 1.550% 12,228,75 87.228.75 99,457.50 07/15/2020 - - 11,647.50 11.647.50 - 01/ISR021 75,000.00 1.7SD% 11,647.50 86,647.50 98,295.06 07/15/2021 - 10,991.25 10,991.25 - 01/15/2022 75,000.00 1.900% 10,991.25 85,991.25 96,982.50 07/15/2022 - - 10,278.75 10,278.75 - 01/15/2023 75,000.00 2.050% 10,278.75 85,278.75 95,557.50 07/15/2023 - - 9,510.00 9,516.00 - 01/15/2024 80,000.00 2.200% 9,510.00 89,510.00 99,020.00 07/15/2024 - - 8,630.00 8,630.00 - 01/15/2025 80,000.00 2,350% 8,630.00 88,630.00 97,260.00 07/15/2025 7,690.00 7,690.00 - 01/15/2026 85,000.00 2,500% 7,690.00 92,690.00 100.380.00 07/15/2026 - - 6,627.50 6,627.50 - 01/15/2027 85,000.00 2.650% 6,627.50 91,627.50 98.255.00 07/15/2027 - - 5,501.25 5,501.25 - 01/15/2028 85,000.00 2.800% 5,501.25 90,501.25 96,002.50 0745/2028 - - 4,311.25 4,311.25 - 01/15/2029 90,000.00 3.000% 4,311.25 94,311.25 99,622.50 07/15/2029 - - 2,961.25 2,961.25 - 01/15/2030 90,000.00 3.150% 2,961.25 92,961.25 95.922.50 07/15/2030 - - 1,543.75 1,543.75 - 01/15/2031 95,000.00 3.250% 1,543.75 96,543.75 99,087,50 Total 51,1951000.00 - S276,163.75 $1,471,163.75 - I Page 6 � NOR'I HLANU SECURITIES RELATED CONSIDERATIONS • Bank Oualification - We understand the City (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501c3 corporations) anticipates issuing $10.OM or less in tax-exempt debt during this calendar year. Therefore the bonds will be designated as "bank qualified"obligations pursuant to Federal Tax Law. • Arbitrage and Rebate — All tax exempt issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. However, bond proceeds may be exempt from rebate if certain expenditure requirements are met. Since the City will issue less than $5 million in tax exempt bonds in 2015, we recommend the City elect the Small Issuer Exemption for this issue. • Continuing Disclosure - Because this issue is greater than $1,000,000, and the City's outstanding debt exceeds $10.OM, it is subject to the Securities and Exchange Commission's continuing disclosure requirements. Northland Securities is prepared to assist the City in this capacity. Page 7 NoItTI-I LAN1) SECURITIES SUMMARY OF RECOMMENDED TERMS 1. Type of Bond Sale Public Offering—Sealed Bids 2. Proposals Received Tuesday,July 7,2015 @ 10:30 A.M. 3. Council Consideration Tuesday,July 7,2015 @ 7:00 P.M. 4. Statutory Authority The Bonds are being issued pursuant to Minnesota Statutes 475, 429, 444 and 412.301. 5. Repayment Term The Bonds will mature annually each January 15, 2016 — 2031. Interest on the Bonds will be payable on July 15, 2016 and semiannually thereafter on each January 15 and July 15. 6. Security General Obligation of the City. In addition, the City will pledge special assessment revenues collected from benefitted properties, utility revenues and tax levies. 7. Prepayment Option The Bonds maturing January 15, 2024—2031 will be subject to prepayment on January 15, 2023 at a price of par plus accrued interest. 8. Tax Stattus Dorsey and Whitney,LLP Minneapolis,Minnesota, 9. Credit Enhancement We believe a credit rating will be cost beneficial. The City's general obligation debt is currently rated Aa2 by Moody's Investors Service. Page 8 NORT1-1LAND1 SECURITIES CERTIFICATION OF MINUTES RELATING TO $2,815,000 GENERAL OBLIGATION BONDS, SERIES 2015A Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on June 9, 2015 at 7:00 p.m. at the Issuer offices. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. 2015-49 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,815,000 GENERAL OBLIGATION BONDS, SERIES 2015A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto,as described above,have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on the day of June, 2015. City Clerk Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION NO. 2015-49 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,815,000 GENERAL OBLIGATION BONDS, SERIES 2015A BE IT RESOLVED by the City Council of the City of Lake Elmo,Minnesota (the "City"), as follows: Section 1. Authorization, Purpose. It is hereby determined to be in the best interests of the City to issue its General Obligation Bonds, Series 2015A, in the approximate principal amount of$2,815,000 (the"Bonds"), as authorized pursuant to Minnesota Statutes, Chapters 475, 444, 429 and 412.301, for the purpose of(a)financing various street improvements in the City, (b) financing various water and sewer improvement in the City, (c)financing various items of capital equipment and (d) funding costs of issuance of the Bonds. Section 2. Notice of Sale. Northland Securities, Inc.,municipal advisor to the City, has presented to this Council a form of Notice of Sale for the Bonds which is attached hereto and hereby approved and which shall be placed on file by the City Administrator. Each and all of the provisions of the Notice of Sale are hereby adopted as the terns and conditions of the Bonds and of the sale thereof. Northland Securities, Inc. is hereby authorized to solicit bids for the Bonds on behalf of the City on a competitive basis. Section 3. Award and Sale. The City Council shall meet at the times and.places shown in the Notice of Sale for the plumose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as may be in the best interest of the City. Upon vote being taken thereon. the fol lowing members voted in favor thereof: and the following members voted against the same: whereupon the resolution was declared duly passed and adopted. NOTICE OF SALE $2.815,000` GENERAL OBLIGATION BONDS, SERIES 2015A CITY OF LAKE ELMO,MINNESOTA (Book-Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms: TIME AND PLACE: Proposals will be opened by the City Finance Director, or designee, on Tuesday, July 7, 2015, at 10:30 A.M., CT, at the offices of Northland Securities, Inc., 45 South 7th Street, Suite 2000, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City Offices beginning Tuesday, July 7,2015 at 7:00 P.M., CT, SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities, Inc., b) faxed to Northland Securities, Inc. at 612-851-5918, c) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to Northland Securities, Inc. by telephone at 612-851-5900 or 612-851-5915, or d) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITY"', or its successor, in the manner described below, until 10:30 A.M., CT, on Tuesday, July 7, 2015. Proposals may be submitted electronically via PARITY"'or its successor, pursuant to this Notice until 10:30 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above.To the extent any instructions or directions set forth in PARITY"',or its successor, conflict with this Notice, the terms of this Notice shall control. For further information about PARITY"', or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal®at 1359 Broadway, 2"1 floor. New York,NY 10018,telephone 212-849-5021. Neither the City nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITY`"or its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. BOOK-ENTRY SYSTEM The Bonds will be issued by means of book-entry system with no physical distribution of bond certificates made to the public.The Bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company("DTC"),New York, New York, which will act as securities depository of the Bonds. The City reserves the right to increase or decrease the principal amount of the Bonds.Any such increase or decrease will be made in multiples of$5,000 and may be made in any maturity. If any maturity is adjusted,the purchase price will also be adjusted to maintain the some gross spread. Individual purchases of the Bonds may be made in the principal amount of$5.000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the City through Northland Trust Services, Inc., Minneapolis, Minnesota (the "Paying Agent/Registrar"), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificates with DTC. The City will pay reasonable and customary charges for the services of the Paying Agent/Registrar, DATE OF ORIGINAL ISSUE OF BONDS July 15, 2015 AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapters 412.301, 429, 444, and 475, as amended. Proceeds from issuance of the Bonds will be used to finance street,sewer,and water improvement projects;purchase equipment;and to pay costs associated with issuance of the Bonds.The Bonds are payable from special assessments on benefitted properties, net revenues of the water and sewer utility systems, and general ad valorem taxes on all taxable property within the City. The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the debt service account established for this issue. INTEREST PAYMENTS interest is due semiannually on each January 15 and July 15, commencing July 15, 2016, to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the first day (whether or not a business day)of the calendar month of such interest payment date. MATURITIES Principal is due annually on January 15, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2017 $200,000 2022 $245,000 2027 $85,000 2018 225,000 2023 250,000 2028 85,000 2019 240,000 2024 235,000 2029 90,000 2020 240,000 2025 240,000 2030 90,000 2021 245,000 2026 250,000 2031 95,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of 1%.Rates inust be in level or ascending order.All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of$5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion of the City, The successful bidder may not withdraw or modify its Proposal once submitted to the City for any reason, including post-sale adjustment. Any adjustment shall be conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION The Bonds maturing on January 15,2024 and thereafter are subject to redemption, in whole or in part, on January 15,2023 and on any date thereafter at a price of par plus accrued interest. CUSIP NUMBERS lithe Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successfuI bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. DELIVERY Delivery of the Bonds will be within forty days after award, subject to an approving legal opinion by Dorsey & Whitney, LLP.The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC. TYPE OF PROPOSAL Proposals of not less than $2,779,813 (98.75%) and accrued interest on the principal Burn of$2,815,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to: Cathy Bendel,City Finance Director 3800 Laverne Ave N. Lake Elmo, Minnesota 55042 A good faith deposit(tile"Deposit') in the amount of$56,300 in the form of a federal wire transfer(payable to the order of the City) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Municipal Advisor promptly after the sale. if the Deposit is not received from the apparent winning bidder in the time allotted,the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terns of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. The City will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the City. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TiC) basis.Tile City's computation of the interest rate of each Proposal, in accordance with customary practice, will be controlling. In the event of a tie,the sale of the Bonds will be awarded by lot.The City will reserve the right to: (i) waive non-substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal which the City determines to have failed to comply with the terms herein. INFORMATION FROM SUCCESSFUL BIDDER The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the internal Revenue Code of 1986,as amended. OFFICIAL STATEMENT By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor,the City agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board(MSR.B). FULL CONTINUING DISCLOSURE UNDERTAKING The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Undertaking to provide,or cause to be provided,annual financial information, including audited financial statements of the City, and notices of certain material events,as required by SEC Rule 15c2-12. BANK QUALIFICATION The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of'the Internal Revenue Code of 1986, as amended. BOND INSURANCE AT UNDERWRITER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option Of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder,except that, if the City has requested and received a rating on the Bonds from a rating agency,the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds. The City reserves the right to reject any and all Proposals,to waive informalities and to adjourn the sale. Dated: June 9,2015 BY ORDER OF THE CITY COUNCIL /s/Cathy Bendel City Finance Director Additional information may be obtained from: Nortliland Securities, Inc. 45 South 7"'Street, Suite 2000 Minneapolis,Minnesota 55402 Telephone No.: 612-851-5900 LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: June 9,2015 REGULAR ITEM #12 AGENDA ITEM: Cooperative Agreement with Washington County for Downtown Street and Utility Project SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Dean Zuleger, City Administrator 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: Staff FISCAL IMPACT: TBD— Staff is negotiating a financing plan with Washington County to pay for the public improvements associated with the Downtown Street and Utility Project. SUMMARY AND ACTION REQUESTED: City Staff will provide an update regarding the ongoing negotiations of the Cooperative Agreement with Washington County. The Cooperative Agreement is intended to solidify a financing plan for the Downtown Street and Utility Project, as well as clarify cost splits between the City and the County on various public improvements associated with the project. Negotiations on this agreement are ongoing between the City Administrator and Washington County. No specific action is requested at the time of publication of this report. LEGISLATIVE HISTORY/STAFF REPORT: The City of Lake Elmo and Washington County have been working collaboratively on a downtown street and utility project since January of 2014. The proposed project is intended to install sanitary sewer, storm sewer, regional storm water improvements, replace old watermain, and reconstruct streets in the Downtown Village --page 1 -- City Council Meeting [Regular Agenda Vern 12] June 9,2015 Area. The proposed project has been broken up into two phases. The Preliminary Design Process has recently been completed for both phases, with the City approving Municipal Consent for Preliminary Design on both phases. The street segments included in the project are the following: Phase I - Laverne Avenue, 361h Street and Upper 33rd Street, and Phase II — Lake Elmo Avenue and 30ih Street. This project will construct the trunk sewer infrastructure needed to serve the Village Area. Construction for Phase I is anticipated to begin in July of 2015, while Phase II is anticipated to be constructed in 2016. As the project is a joint project between the City of Lake Elmo and Washington County, an agreement is needed to formally adopt a financing plan and cost-share for the proposed improvements. Washington County is willing to manage and finance the construction project, and the City would be expected to pay for its share of the improvements incrementally. The City Administrator is currently negotiating the terms of the agreement. An update will be provided to outline the important components of the agreement at the City Council meeting. RECOMMENDATION: No formal action is requested at the time of publication of this staff report. Staff will present a status update regarding the cooperative agreement at the City Council meeting. ATTACHMENTS:None --page 2— 1111.1.111 111 LAKCELM0 IWAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 REGULAR ITEM 13 AGENDA ITEM:. Old Village Phase 1 Street and Utility Improvements—Public Improvement Hearing; Resolution Ordering the Improvement; and providing Municipal Concurrence to Washington County to Award a Contract SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Adam Bell, City Clerk Cathy Bendel, Finance Director Chad .1. Isakson, Project Engineer Dave Snyder, City Attorney SUGGESTED ORDER OF BUSINESS: - Introduction of Item......................................................................City Engineer - Report/Presentation.......................................................................City 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: $5,802,486. The Old Village Phase l Street and Utility Improvements is a $5.8 million street, sanitary sewer, drainage and storm water management improvement project. The project will be funded through the issuance of general obligation bonds with bond payments made from special assessments,the water enterprise fund, the storm water fund, County cost participation, Municipal State Aid Funds, and general tax levy. --page 1 -- City Council Meeting [Regul7rAgenda Item 13] June 9,2015 SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to open the Public Improvement Hearing for the Old Village Phase 1 Street and Utility Improvements; and following the Hearing, consider adopting Resolution No. 2015-50, ordering the improvement for the Old Village Phase 1 Street and Utility Improvements and providing Municipal Concurrence for Washington County to Award a Contract. The recommended motion for this action is as follows: "Alove to adopt Resolution No. 2015-50, ordering the improvement for the Old Village Phase I Street and Utility Improvements and providing Municipal Concurrence for Washington County to Award a Contract." LEGISLATIVE HISTORY: Pursuant to Miruresota Statutes, Section 429.011 to 429.111, a Public Improvement Hearing was noticed for June 9, 2015, to consider making the following improvements: • Reconstruction of streets along Upper 33rd Street from Lake Elmo Avenue to Laverne Avenue, Laverne Avenue from Upper 33rd Street to Trunk Highway 5, 36th Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33rd Street to 36th Street, with the addition of sidewalks all as approved by Council as a part of Municipal Consent on February 5, 2015. • Construction of the initial regional drainage system improvements including a large infiltration pond and oversized stonn sewer to begin addressing flooding issues in the Old Village Area. • Extension of sanitary sewer to provide service to benefitting properties within the Old Village, including Upper 33rd Street from where it crosses the Union Pacific Railroad Tracks to Lake Elmo Avenue, along Laverne Avenue from Upper 33rd Street to Trunk Highway 5, 36th Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33rd Street to 200=feet south of 36th Street. Improvements will include a service stub to the property line for each benefitting property. • Replacement of an aged watermain system. • Street lights and landscaping amenities including boulevard trees. The attached notice was published in the official newspaper and individual notifications were sent to each address that will be assessed for the improvements. The area proposed to be assessed for the street improvements include the properties directly abutting Upper 33`d Street, 3611' Street, and Laverne Avenue as detailed above. The estimated total project cost is $5,802,500. The estimated total cost of the street and landscape improvements are $1,507,100; sanitary sewer improvements are $699,800; streetscape improvements are $49,000; regional drainage improvements are $3,013,100; and water system improvements are $533,600. The watermain replacement and regional stone sewer system will not be assessed. A reasonable estimate of the impact of the assessment will be available at the --page 2-- City Council Meeting [Regular Agencla kent 13] June 9,2015 hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this meeting. The street and landscape improvements and extension of sanitary sewer are proposed to be assessed against the benefitting properties consistent with the City's Special Assessment Policy. Street improvement assessments are proposed at a rate of 30% for residential properties using an average residential front footage, and 100% for commercial properties based upon the actual front footage. Extension of sanitary sewer is 100% paid for by the benefitting property owners using a per residential equivalent method. The remainder of the proposed project costs are proposed to be paid through a combination of municipal state aid funds, water enterprise finds, and general funds. Assessments for street improvements are levied over 10 years while the sanitary sewer improvements would be levied over a 20 year period. Additional cost breakdown, assessment information, and financial detail is present in the Feasibility Report. BACKGROUND INFORMATION: A feasibility report was authorized by the City Council on July 1, 2014 in order to ready these improvements for 2015 construction. The feasibility report is needed to meet state statutory requirements if any portion of the project is to be assessed to benefitting properties. 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 street and sanitary sewer improvements. RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2015-50, ordering the improvement for the Old Village Phase 1 Street and Utility Improvements and providing Municipal Concurrence for Washington County to Award a Contract. The recommended motion for this action is as follows: "Move to adopt Resolution No. 2015-50, ordering the inrprovementfor the Old Village Phase I Street and Utility Improvements and providing AYlunicipal Concurrence for Washington County to Award a Contract." ATTACHMENT(S): I. Resolution No. 2015-50 Ordering the Improvement and providing Municipal Concun-ence for Washington County to Award a Contract. 2. Notice of Hearing on Improvement. 3. Updated Post-Bid Preliminary Assessment Rolls (will be made available at the meeting). 4. Location Map. 5. Project Schedule. --page 3-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-50 A RESOLUTION ORDERING THE IMPROVEMENT FOR THE OLD VILLAGE PHASE 1 STREET AND UTILITY IMPROVEMENTS AND PROVIDING MUNICIPAL CONCURRENCE FOR WASHINGTON COUNTY TO AWARD A CONTRACT WHEREAS,pursuant a resolution of the city council adopted on May 19, 2015, the council ordered a hearing on Improvement for the Old Village Phase 1 Street 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 911'day of June, 2015, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS,the amended feasibility report prepared by FOCUS Engineering, Inc., and dated May 2015 states that the project is necessary,cost-effective,and feasible;and WHEREAS,the City has directed Washington County,and its consultants, to oversee the preparation of the Plans and Specifications,and to accept bids for the improvements;and WHEREAS, pursuant to an advertisement for bids, bids were received by Washington County on June 2, 2015, opened,and tabulated according to the law,and reviewed to verify that all requirements of the submittals were met. NOW,THEREFORE,BE IT RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Amended Feasibility Report dated May 2015. 2. Assessments shall be levied to the benefiting properties as outlined in the preliminary assessment rolls and as amended by the city council. 3. Such improvement is hereby ordered as proposed in the council resolution adopted this 9th day of June,2015, 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 5. That the city concurs with the bids and Washington County's recommendation to award a contract. G. The city will enter into a cooperative agreement with Washington County and the county shall oversee the preparation of the Plans and Specifications and construction for the making of such improvement. ADOPTED 13Y THE LAKE ELMO CITY COUNCIL ON THE NINETH DAY OF JUNE,2015. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Adam Bell City Clerk Resolution No. 2015-50 1 CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT OLD VILLAGE PHASE I STREET 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 Tuesday,June 9, 2015, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The street, landscape and streetscape improvements are proposed along Upper 33`d Street from Lake Elmo Avenue to Laverne Avenue, Laverne Avenue from Upper 33`d Street to Trunk Highway 5, 36"' Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33`d Street to 36t" Street. The improvements consist of reconstruction of the existing streets with concrete curb and gutter, installation of a storm sewer system, replacement of aged watermain, boulevard trees, ornamental street lights, and minor paver block details at intersections. The sanitary sewer improvements include the extension of existing sanitary sewer along Upper 33`d Street from where it crosses the Union Pacific Railroad Tracks to Lake Elmo Avenue, along Laverne Avenue from Upper 33`d Street to Trunk Highway 5,36"' Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33`d Street to 200- feet south of 36"' Street. Improvements will include a service stub to each benefitting property to the property line. The area proposed to be assessed for the street improvements include the properties directly abutting Upper 33`d Street, 36"'Street, and Laverne Avenue as detailed above. The estimated total project cost is $5,568,100. The estimated total cost of the street and landscape improvements are $1,405,900; sanitary sewer improvements are $9060300; streetscape improvements are $73,400; regional drainage improvements are $2,709,100; and water system improvements are $473,400. The watermain replacement and regional storm sewer system will not be assessed. 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: May 19, 2015 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on Alca,27, 2015 and June 3. 2015) y leo 39TH STREET 14 P w Q w z w r; W > Q 0 2 J W W g 32ND STREET 32ND STREET 31ST STREET REID 30THSTREET PARK LI FT STATION W Q Z 0 0 W J LEGEND OLD VILLAGE PHASE 1 STREETAND UTILITY IMPROVEMENTS OLD VILLAGE PHASE 1 STREETAND UTILITY IMPROVEMENTS (SANITARY SEWER AND REGIONAL STORM SEWER ONLY) 1'1113 CITY OI CITY OF LAKE ELMO LAKE ELMO EXHIBIT NO. 1 OLD VILLAGE STREET AND FOCUS UTILITY IMPROVEMENTS LOCATION MAP ENGINEERING PROJECT NO.2014.137 OLD VILLAGE PHASE 1 STREET APRIL,2015 AND UTILITY IMPROVEMENTS PROJECT SCHEDULE FOCUSENGINEERING, inc. OLD VILLAGE PHASE 1: STREET Cara Geheren,P.E. 651.300.4261 AND UTILITY IMPROVEMENTS Jack Griffin,P.E. 651.300.4264 Ryan Stempski,P.E. 651.300.4267 MAY, 2015 Chad Isakson,P.E. 651.300.4283 FEBRUARY 5, 2015 Council approves Municipal Consent. County proceeds with Final Design. FEBRUARY 24, 2015 Council authorizes the preparation of a Feasibility Report, MAY 1, 2015 County posts advertisement for bid. MAY 19, 2015 Council accepts Report; and adopts project assessment policy. Calls Public Improvement Hearing. Submit Notice of Public Hearing for Publication. MAY 27, 2015 Notice of Public Hearing Published (2nd Notice on June 3,d). JUNE 2, 2015 Accept Contractor Bids, Finalize Cooperative Agreement, JUNE 9, 2015 Public Improvement Hearing. Council approves "Concurrence" to award contract. Council Orders the Improvement for the 2015 IMPROVEMENTS (Requires 4/5th vote). JUNE 23, 2015 County Board Meeting. County accepts bids and awards Contract. OCTOBER 15, 2015 Substantial Completion. JUNE 15, 2016 Final Completion. IAKC ELMO MAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 REGULAR ITEM# 14 AGENDA ITEM: State of Minnesota Redevelopment Grant Program—A Resolution Accepting the DEED Water System Infrastructure Grant SUBMITTED BY: Jack Griffin,City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Chad Isakson, Project Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item............................................ .........................City Administrator - Report/Presentation...................................................................City Engineer - 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 POLICY RECOMMENDER: Administrator/Engineering FISCAL IMPACT: $3.5 million grant for water system improvements. Approving this resolution authorizes the City to formally submit the MN-DEED grant application package, enter into a contract with MN-DEED, and utilize the $3.5 million water system infrastructure grant awarded by the legislature to the City of Lake Elmo to complete water system improvements along the Inwood Avenue corridor. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Resolution No. 2015-51 accepting the Inwood Avenue Water System Infrastructure Grant from the State of Minnesota Capital Investment Appropriations. The recommended motion for the action is as follows: --page I - City Council Meeting (RegidarAgenda hem 1] J Line 9,2015 "Move to approve Resolution No. 2015-51 accepting the Inwood Avenue Water System Infrastructure Grant from the State of Minnesota Capital Investment Appropriations." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: On May 21, 2014, the legislature signed into law the Capital Investment Bill. Included in the bill was a special appropriation under the Employment and Economic Development section for the City of Lake Elmo in the amount of$3,500,000 to be used towards the extension of municipal water service along the Inwood Avenue corridor. There is no financial match required to receive the special appropriation. City Staff is currently working with the State of Minnesota, Department of Employment and Economic Development to complete the Inwood Avenue Water System Grant Agreement necessary to secure the funds for the City of Lake Elmo as appropriated by the State Legislature. As a requirement of the Grant Agreement, the City of Lake Elmo must submit a resolution accepting the grant and committing the resources required to execute the improvements. RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2015-51 accepting the Inwood Avenue Water System Infrastructure Grant from the State of Minnesota Capital Investment Appropriations. The recommended motion for the action is as follows: "Move to approve Resolution No. 2015-51 accepting the Inwood Avenue Water System Infrastructure Grant from the State of Minnesota Capital Investment Appropriations." ATTACHMENT(S): 1. Resolution 2015-51. 2. Loration Map. --page 2-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-51 A RESOLUTION ACCEPTING THE WATER SYSTEM INFRASTRUCTURE GRANT FROM THE STATE OF MINNESOTA CAPITAL IMPROVEMENT APPROPRIATIONS BE IT RESOLVED that the City of Lake Elmo act as the legal sponsor for projects contained in the(insert Imi,appropriating money to the project)entitled LAKE ELMO—WATER SUPPLY, BE IT FURTHER RESOLVED that the City of Lake Elmo has the legal authority to receive financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the City of Lake Elmo has not violated any Federal, State or local laws pertaining to fraud, bribery,graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its development proposal by the state, the City of Lake Elmo may enter into an agreement with the State of Minnesota for the above-referenced projects,and that the City of Lake Elmo certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE 11' RESOLVED that the Mayor and the Clerk, are hereby authorized to execute such agreements as are necessary to implement the projects on behalf of the City of Lake Elmo, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON NINTH DAY OF JUNE 2015 CITY OF LAKE ELMO By: Mile Pearson Mawr (Seal) ATTEST: Adam Bell Cite Clerk Resolution No. 2015-51 1 m m m 0 B � D 26TH ST CONNECT TO EX. WATE MAIN BOOSTER STATION (SITE TBD) PROPOSED 6-INCH WA E® � T RMAI v W WATER STORAGE ok ILITY (SITE TBD) 0 ° zs� a 10TH ST I CONNECT TO EX. ' WATERMAIN EAGLE POINT BLVD 0 2000 4000 Feet FIGURE NO. I PROJ. 2014.130 FOCUS LAKE ELMO,MINNESNESOTA LOCATION MAP ENGINEERING INWOOD BOOSTER STATION,TRUNK WATERMAIN DUNE,2015 AND STORAGE FACILITY IMPROVEMENTS LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 REGULAR ITEM # 15 AGENDA ITEM: Water Tower No.4—Approve Land Purchase Agreement SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger,City Administrator REVIEWED BY: Dave Snyder,City Attorney Adam Bell, City Clerk Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item..........................................................................City Administrator - Report/Presentation...................................................................................City Engineer - 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 POLICY RECOMMENDER: Administrator/Legal/Engineering. FISCAL IMPACT: $165,000. The purchase price is $165,000 to acquire fee title to a parcel of land for locating elevated Water Tower No. 4 along Inwood Avenue. In addition, the agreement outlines additional obligations for each party relating to the Inwood Avenue Water System Improvements and future public street improvements. The land acquisition costs will be funded through the $3.5 million MN-DEED Grant, if determined to be an eligible grant cost.Otherwise the land acquisitions costs would be Funded by the Water Enterprise Fund. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the Water Tower No. 4 Land Purchase Agreement.The recommended motion for this action is as follows: "Move to approve the Water Tower No. 4 Laird Purchase Agreement with 711 Laird Holdings, LLC." --page 1 -- City Council Meeting [Regular Agenda Item 15] June 9,2015 LEGISLATIVE HISTORY/BACKCROUND INFORMATION: The Water Tower No. 4 project is a $2.1 million water system infrastructure project that is needed to deliver city water service to support the growth and development in the 194 corridor, residing in the high water pressure zone. More specifically this project will provide necessary water supply and tire protection to the corridor area between Inwood Avenue and Keats Avenue (Sections 33 and 34)that will include the Savona development, Boulder Ponds, Hammes Estates, Dale properties, Azur properties, MFC & CM properties,and the existing properties within the Eagle Point Business Park. This project is programmed for design/construction in the 2015-2016 Capital improvement Plan. The proposed improvements include the construction of a new 1.0 million gallon elevated water tower to be located along Inwood Avenue as depicted in the location map attached. A geotechnical investigation was performed in 2014 to verify that the site will accommodate the proposed improvements. Staff has been working with the property owner to negotiate the purchase of the water tower site and has drafted an agreement to acquire a property suitable for the project, subject to council approval. The acquisition agreement is needed to satisfy a condition of approval for the Inwood Creek Preliminary Plat to ensure that suitable land is reserved for the water tower. The general terms of the agreement are summarized as follows: 1. The City will pay the landowner$165,000 to acquire a site 250 ft. by 250 ft. (approx. 1.5 acres). 2. The landowner will dedicate an 80 foot wide R/W directly to the south of the water tower site. The City will establish a public street connection to CSAH 13 with Washington County. 3. The City and landowner agree to share equally in any future costs for the first 100 feet of street when it is constructed and any improvements required by Washington County when such street is constructed, including but not limited to turn lanes. 4. The landowner will provide a temporary construction easement for the water tower construction, as needed by the City. 5. The City will install the Inwood Booster Station and Trunk Watermain improvements by December 1, 2016 and will not assess the landowner for these improvements or for the water tower improvements. 6. The landowner shall receive an exemption for up to 5 units of water lateral benefit charges (currently at $5,800 per REC, or $29,000) for any new commercial buildings developed within the Inwood Creek development and which connect a private service directly to the Inwood Trunk Watermain. RECOMMENDATION: Staff is recommending that the City Council approve the Water'lower No. 4 Land Purchase Agreement with 711 Land Holdings, LLC.The recommended motion for this action is as follows: "Move to approve the Water Tower No. 4 Land Purchase Agreement with 711 Land Holdings, LLC." ATTACHMENT(S): 1. Water Tower No. 4 Land Purchase Agreement. 2. Site Location Map. --page 2-- VACANT LAND PURCHASE AGREEMENT THIS AGREEMENT is made as of . 2015, between 711 Land Holdings, LLC, a Minnesota limited liability company ("Seller"), and The City of Lake Elmo, a Minnesota municipal corporation ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property ("Property"): 1.1 Real Property. The real property located on Inwood Avenue a/k/a County State Aid Highway 13, City of Lake Elmo, Washington County, Minnesota, as further shown on the map attached hereto as Exhibit A and as further legally described on the attached Exhibit B, together with all easements and rights benefiting or appurtenant to said real property. 1.2 City of Lake Elmo, which has condemnation authority, as a condition of approval of the Inwood PUD, has required Inwood 10, LLC/711 Land Holdings, LLC to sell the City of Lake Elmo approximately 1.5 acres of property for the purpose of building a municipal water tower. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property is $165,000.00. The Purchase Price shall be payable as follows: 2.1 $5,000.00 as earnest money ("Earnest Money"); and 2.2 $160,000.00 by certified check or wire transfer of funds on the Closing Date. 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date. 3.2 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of the Title Examination Section below. 3.3 Access and Inspection. Seller shall allow Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same, including, without limitation, soil tests to determine the adequacy of the soil for Buyer's intended use of the Property. Within ten (10) days of the acceptance of this Agreement, Seller shall provide Buyer with copies of all blueprints, plans, specifications, soil tests and surveys of the Property which are presently in Seller's possession. Seller shall make available to Buyer and Buyer's agents, without charge, all plans and specifications, records, inventories, permits and correspondence. 3.4 Public Access. The Buyer shall establish future public street connection to CSAH 13 with Washington County. Seller shall have the right to use the public street access as depicted on the attached Exhibit B (Road Parcel Description) and may connect a future public street or private driveway to this access for the current agricultural use of the property or for future subdivision of the property. Any use or connection to said street must be a permitted use by city ordinance and must be consistent with city zoning, subdivision regulations and city engineering design standards. 3.5 Improvements. The Buyer and Sellers shall equally share costs, not paid by Washington County, associated with any improvements to Inwood Avenue/CSAH 13 as may be required for the public street access established per Section 3.4, including, but not limited to turn lanes. The Buyer shall also pay one-half of the cost of the first 100 feet of roadway East of Inwood Avenue/CSAH 13 at the time said street is constructed. This obligation shall continue as long as the Buyer owns or maintains the water tower on the property. 3.6 Easements. The Seller shall grant the Buyer a temporary construction site easement to enable the construction of the water tower. Easement shall be acceptable to buyers. 3.7 Trunk Water Main. The Buyer shall install a trunk water main along Inwood Avenue/CSAH 13 no later than December 1, 2016. However, failure to meet this deadline shall not invalidate this Agreement. The trunk water main depicted on the attached Exhibit C is part of a planned city project. For additional consideration, as set forth and as limited herein, the Buyer shall not levy special assessments against Seller for the construction of the water tower or Inwood Trunk Water main, and Seller shall receive an exemption for up to 5 units of water lateral benefit charges, which is currently $5,800 per REC unit or $29,000. Said exemption shall apply to new commercial buildings developed within the Inwood Creek development, that are adjacent to Inwood Avenue, and connect its private 2 water service directly to the Inwood Trunk Water main. All properties, including the exemptions stated above, remain subject to all city standard water availability charges and water connection charges. If any contingency has not been satisfied on or before the date set forth above for satisfaction of that contingency, then this Agreement may be terminated by written notice from Buyer to Seller, which notice must be given no later than five (5) days after the applicable satisfaction date. If no such notice is given with respect to any contingency, such contingency shall be deemed waived. Closing shall be deemed a waiver of all of the above contingencies. Upon termination, the Earnest Money, and any interest accrued thereon, shall be released to Buyer, the parties shall sign a cancellation of this Agreement, and neither party will have any further rights or obligations to the other regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before , 2015 ("Closing Date at the office of Johnson/Turner Legal), Seller agrees to deliver possession of the Property to Buyer immediately after Closing. 4.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 4.1.1 Deed. A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 4.1.2 FIRPTA Affidavit. A non-foreign affidavit, properly executed, containing such information as is required by IRC Section 1445(b)(2) and its regulations. 4.1.3 IRS Forms. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. 4.1.4 Well Certificate. A completed Minnesota Well Disclosure Certificate or a statement on the Warranty Deed that "The Seller certifies that the Seller does not know of any wells on the described real property." 4.1.5 Storage Tanks. If the Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minn. Stat. § 116.48. 3 4.1.6 Individual Sewage Treatment Systems. If the Property contains an individual septic system, a disclosure statement as required by Minn. Stat. § 115.55. 4.1.7 Seller's Affidavit. An affidavit in the form required by Title evidencing the absence of bankruptcies,judgments or tax liens involving Seller or parties with the same or similar names as Seller, and evidencing the absence of mechanic's lien rights affecting the Property, unrecorded interests affecting the Property, persons in possession of the Property, and known encroachments or boundary line questions affecting the Property. 4.1.8 Other Documents. All other documents reasonably determined by Buyer or Title to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 4.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 4.2.1 Purchase Price. Funds representing the Purchase Price and execution and delivery of any required financing documents. 4.2.2 IRS Form. A Designation Agreement designating the "reporting person"for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594, 5, Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement; 5.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence, the cost of having a commitment for an ALTA Owner's Policy of Title Insurance for the Property (the "Title Policy") (in the amount of the Purchase Price) and the fees charged by the Title Company for any escrow required regarding Buyer's Objections. Buyer will pay the premium required for the issuance of the Title Policy. Seller and Buyer will each pay one-half of the fee charged by Title (as defined below) to conduct the Closing. 5.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing, if any. 5.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be pro-rated based upon a calendar year with Seller paying through the Date of Closing. Seller shall pay any 4 installments of special assessments payable with said real estate taxes. Seller shall pay all other levied special assessments in full as of the Date of Closing, and shall pay all special assessments which are pending as of the Date of Closing. Seller's provision for payment of a pending assessment shall be made by payment into escrow with Title of one and one-half times the estimated amount of the assessment, with the right to a refund of any excess of the escrow. 5.4 Other Costs. All other operating costs of the Property shall be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of operating costs payable through the Closing Date, and Buyer pays that part of operating costs payable after the Closing Date. 5.5 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Documents wilt pay the reasonable attorneys' fees and court costs incurred by the non- defaulting party in enforcing its rights hereunder. 6. Title Examination. Title Examination wilt be conducted as follows: 6.1 Seller's Title Evidence. Seller shall, within twenty (20) days after the date of this Agreement, furnish the following (collectively, "Title Evidence") to Buyer: (a) a commitment ("Title Commitment") for an ALTA Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions and including affirmative assurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Johnson/Turner Legal, ("Title"); (b) a survey, paid for by Buyer, certified by a registered land surveyor and certified to Buyer, Title and such other parties as Buyer may designate, and showing the Property and location of all improvements and easements thereon and otherwise complying with the requirements set forth in the "Minimum Standard Requirements for ALTA/ACSM Land Title Surveys"jointly established by ALTA and ACSM in 1992, and containing such other information as Buyer or Buyer's lender shalt reasonably request. 6.2 Buyer's Objections. Within twenty (20) days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have thirty (30) days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Setter shalt use its best efforts to cure any Objections. To the extent an Objection can be satisfied by the 5 payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection, and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 30-day period, Buyer will have the option to do any of the following: 6.2.1 Extend the time period for Seller to cure the Objections by up to sixty (60) days, at the end of which time Buyer may exercise any of the remaining options set forth below. 6.2.2 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued thereon, if any. 6.2.3 Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within sixty(60) days after such escrow is established, Buyer may then cure such Objections and charge the costs of cure against the escrowed amount. The parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title, to create and administer the escrow. 6.2.4 Waive the Objections and proceed to close. 7. Subordination. This Purchase Agreement, and the rights of the Buyer in and to the real property which is the subject hereof, is specifically made subject and subordinate to the lien of any mortgage(s) or other encumbrance(s) ("Liens") made or given by Seller, whether prior to or after the date of this Purchase Agreement, and shall, prior to Closing and payment by Buyer of the Purchase Price, remain subordinate and junior to all such Liens as if the same had been duly executed and acknowledged by the Seller, and recorded, prior to the date of this Purchase Agreement. At Closing, Seller will be responsible, at its sole expense, for obtaining any release necessary to convey fee title to the Property to Buyer free and clear of any such Liens. 8. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. Seller shall execute no contracts, leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date, 6 without the prior written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 9.1 Existence; Authority. If Seller is a corporation, limited liability company or partnership, Seller is duly organized, qualified and in good standing, and has the requisite power and authority to enter into and perform this Agreement and the Seller's Closing Documents; such documents have been duly authorized by all necessary action; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 9.2 Environmental Laws. No toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment) (collectively, "Hazardous Substance") have been generated, treated, stored, transferred from, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to the Property becoming a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. There has been no discharge, release or threatened release of Hazardous Substances from the Property. There are no Hazardous Substances or conditions in or on the Property that may support a claim or cause of action under any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. The Property is not now, and to the best knowledge of Seller never has been, listed on any list of sites contaminated with Hazardous Substances, nor used as landfill, dump, disposal or storage site for Hazardous Substances. 9.3 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or"foreign estate"as those terms are defined in Section 1445 of the Internal Revenue Code. 9.4 Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. 7 8 9.5 Wells and Individual Sewage Treatment Systems. Seller does not know of any "Wells" on the Property within the meaning of Minn. Stat. § 1031 or "Individual Sewage Treatment Systems" on the Property within the meaning of Minn. Stat. § 115.55. This representation is intended to satisfy the requirements of those statutes. 9.6 Storage Tanks. No above ground or underground tanks are located on or about the Property, or have been located on or about the Property and have subsequently been removed or filled. 9.7 Reports. Seller has no environmental reports or studies relating to the Property, except those which have been or will be delivered to Buyer as required under this Agreement. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, which Buyer incurs because of the breach of any of the above representations or warranties, whether such breach is discovered before or after Closing. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. 10. Assignment.ment. Either party may assign its rights under this Agreement with the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 11. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 12. Notice. Any notice to be given by a party hereto shall be personally delivered, sent by certified mail, or sent via a nationally recognized courier service that issues a receipt, to the other party at the address set forth for that party below (or to such other address as may be designated by notice to the other party), and shall be deemed given upon the earlier of personal delivery, two days after the date postmarked, two (2) days after depositing with such courier for delivery or upon the refusal to accept such service. Address for Notice to Seller: 95 South Owasso Boulevard West Little Canada, MN 55117 With a Copy to: Warren Peterson 55 East 5th Street 9 St. Paul, MN 55101 Address for Notice to Buyer: City of Lake Elmo Attn: Dean Zuleger City Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 With a Copy to: David K. Snyder Michele R. Loughrey Johnson/Turner Legal 56 E. Broadway Avenue, Suite 206 Forest Lake, MN 55025 15, Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns, and has been made under the laws of the State of Minnesota and such laws will control its interpretation. 16. Remedies. The following shall be the exclusive remedies available to the parties under this agreement: 16.1 If Buyer defaults under this Agreement due to no fault of Seller, then Seller may terminate this Agreement by providing at least thirty days' prior written notice to Buyer. If Buyer fails to cure Buyer's default within such thirty-day period, then at Seller's election (i) this Agreement shall thereupon be terminated, and Seller shall retain the Earnest Money as liquidated damages; or (ii) Seller may seek specific performance of this Agreement by Buyer. 16.2 If Seller defaults under this Agreement due to no fault of Buyer, then Buyer may terminate this Agreement by providing at least thirty (30) days' prior written notice to Seller. If Seller fails to cure Seller's default within such thirty-day period, then at Buyer's election (i) this Agreement shall thereupon be terminated, and Buyer shall be entitled to a refund of all Earnest Money, together with accrued interest thereon, if any; or (ii) Buyer may pursue such other actions or remedies as are available to it, including its right to damages against Seller for its failure to perform, or for misrepresentation or for specific performance of this Agreement by Seller. 10 16.3 Any suit by a party hereto which is described above and is based upon the other party's default must be commenced no later than one hundred twenty (120) days after the date of the occurrence of the default. The said 120-day limitation shall not apply to claims for indemnification otherwise provided for in this agreement. 17. Severabitity. In case any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such holding shalt not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 18. Business Days. In the event any deadline or performance date set forth in this Agreement falls on a Saturday, Sunday or legal holiday in the State of Minnesota, such deadline or performance date shall be deemed to be postponed to the next business day thereafter. Seller and Buyer have executed this Agreement as of the date first written above. SELLER: BUYER: 711 LAND HOLDINGS, LLC THE CITY OF LAKE ELMO By: By: Its: Its: 11 EXHIBIT A Map of Property EXHIBIT B Legal Description Proposed Water Tower Description: The north 250.00 feet of the south 290.00 feet of the west 310.00 feet of the Northwest Quarter of the Southeast Quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, which lies easterly of the east right of way of County State Aid Highway No. 13 per WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 43. AND Proposed Road Description: The south 40.00 feet of the west 310.00 feet of the Northwest Quarter of the Southeast Quarter and the north 40.00 feet of the west 310.00 feet of the Southwest Quarter of the Southeast Quarter, all in Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, which lies easterly of the east right of way line of County State Aid Highway No. 13 per WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 43. EXHIBIT C Trunk Water Main Map 0-3 ra Jul 0 z ( k': O Q - O •i eq 0o vim,' v cNy W 3 cY w V dr `n ¢f H 3 O C7 o ¢ F ON v d d� (� o 0 < L 7 z o 000 G o0o o0o F 2 �. O -1r- U ^ Z Er Lin ce G F- �- F- O O y o ` - W W U 3 tW W a., WU HunNZZ C� W V) OFF- a ^� 0 3 0 N IjN O I � U - •- I I NNSJI AAA'-❑OO. c LL Z LL C� 'n w WLU ms I C U ¢ 0 wo�- � w w Usit LL THE CITY OF LAKE ELMO IVI.I YOR & COUNCIL COMMUNICATION DATE: June 9, 201-5 REGULAR ITEM# 16 AGENDA ITEM: Eastern Village Trunk Sewer and Watermain Developer's Agreement SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Jack Griffin,City Engineer Dave Synder, City Attorney Nick Johnson, City Planner 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: Staff is recommending that the City Council approve a developer's agreement associated with the Eastern Village Trunk Sewer and Watenmain project. This project was originally planned to be completed as part of the Easton Village phase one improvements; however, the developers that will be benefitting from this project have asked that the City enter into a separate agreement for just the trunk infrastructure portion of that project. The Council will also be asked to amend the Easton Village developers agreement accordingly. FISCAL IMPACT: Direct Payments to Developer — None. The proposed infrastructure is needed to serve the three approved residential developments within the Village. This project will also allow connections to be made to the 30`I'Street lift station from the 391h Street sewer main and a large number of planned connections as part of the Lake Elmo Avenue project. SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize execution of a developer's agreement for a project to install trunk sewer and watermain facilities from the 30`I' Street lift station to the southern edge of the railroad right-of-way line within the southern portion of the Village Planning Area. This trunk infrastructure will connect to the line previously constructed by the City within the 39`I' Street right-of-way and that was extended to the --page I -- City Council Meeting [Regular Agenda/rein 161 June 9,2015 railroad right-of-way in the northern part of the Village. The developer of Easton Village was originally planning to complete this specific work as part of his project,but has now requested that this work be separated out from the other infrastructure within Easton Village, This separation will allow the three developers that need the sewer connection to be completed to serve their projects (Easton Village, Village Preserve, and Wildflower at Lake Elmo) to coordinate work on the trunk infrastructure project. A separate agreement will also allow this work to commence in advance of the three projects receiving final plan approval from the City. The recommended motion to take action on the request is as follows: "Move to adopt Resolution No. 2015-52 approving the developer's agreement for the Eastern Village Trunk Server Project" LEGISLATIVE HISTORY/STAFF REPORT: The attached developers agreement has been drafted by Staff by using the Easton Village agreement as a model and taking out any language for improvements other than sewer and water lines. Because this agreement is not tied to a specific development project, any references to building or homes, platting of lots, or other similar provisions have also been removed. Please note that Tom Wolter of Easton Village, LLC has requested that the developer for the trunk sewer line project be named as Chase Development,Inc., and will also be asking that Chase be listed as the developer for the Easton Village project as well. Although the Council previously agreed to assign the Easton Village project to the Excelsior Group, the two private parties were not able to come to a final agreement to execute a sale of this development. The key components of the attached agreement include tile following components: • That all improvements to be completed by September 15, 2015. Staff is recommending a completion date that will give the City time to step in case the developer is unable to finish work by this date. The proposed project is a critical component of the Village sewer infrastructure, and failure to complete this line will lead to delays in hooking up residents and business owners in the Stage 1 Lake Elmo Avenue project area and the 39"' Street project area. • That the developer provide a letter of credit in the amount of$784,280 related to the cost of the proposed improvements. • That the developer provide a cash deposit of $20,000 for engineering review and administration of the project. The proposed project does not include any specific City payments for utility oversizing or other reasons. The City Engineer has approved the final construction plans for the project,the executed agreement will allow work to commence on the southern sewer line. --page 2 -- City Council Meeting [RegzdurAgendu Item 16] June 9,2015 BACKGROUND INFORMATION (SWOT): Strengths: Splitting the trunk sewer project fi-om the larger Easton Village project will allow this work to commence sooner. The completion of the trunk sewer line is a critical component of the overall infrastructure needed to serve the Village. Weaknesses: The developer must complete work on the project by a certain date, and if this work does not commence soon there could be delays in connecting individual homes and businesses to the sewer line. Opportunities: The three residential developers within the Village have agreed to cooperate to build the trunk sewer line. Chase Development, Inc. will be the entity responsible for coordinating the involvement of all other parties. Threats: Failure to execute the agreement in a timely manner could lead to delays in connecting individuals to the trunk sewer line. RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City Council approve the Developer's Agreement for the Easton Village Trunk Sewer and Watermain Project and that the Council direct the Mayor and Staff to execute this document. The suggested motion to adopt the Staff recommendation is as follows: "Move to adapt Resolution No. 2015-52 approving the developer's agreement for the Eastern Village Trunk Sewer Project" ATTACHMENTS: 1, Resolution No. 2015-52 2. Eastern Village Trunk Sewer and Watermain Developers Agreement—Final Draft --page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-52 A RESOLUTION APPROVING THE DEVELOPER'SAGREEAVIENT FOR THE EASTERN VILLAGE TRUNK SEWER AND WATERAIMIN PRO.IECT WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Chase Development, Inc., 2140 West County Road 42 Burnsville, MN ("Applicant") has agreed to coordinate the construction of trunk sewer and water infrastructure necessary to serve three residential development projects within the Village Planning Area, including the Wildflower at Lake Elmo, Village Preserve, and Easton Village subdivisions, all of which have received final plat approval or have submitted applications for a final plat with the City; and WHEREAS,the Lake Elmo City Council has previously considered and approved the Preliminary Plat requests for Wildflower at Lake Elmo, Village Preserve, and Easton Village; and WHEREAS,the Lake Elmo City Council adopted resolutions approving the final plats for Village Preserve and Easton Village and is in receipt of an application for final plat approval for Wildflower at Lake Elmo; and WHEREAS,a condition of approval for each of these developments establishes that, prior to the execution of a Final Plat by City officials, the Applicant is to enter into a Developer's Agreement with the City; and WHEREAS,the Applicant and City have agreed to enter into such a contract to install trunk infrastructure outside of the aforementioned plats that is necessary to serve these plats, and a copy of the Developer's Agreement was submitted to the City Council for consideration at its June 9,2015 meeting. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer's Agreement for the Eastern Village Trunk Sewer and Warterinain and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 9`h day of June 2015 by the City Council of the City of Lake Elmo, Minnesota. Mile Pearson. Mayor ATTEST: Adam Bell, City Clerk Resolution No. 2015-52 (reserved for recording information) DEVELOPMENT CONTRACT (Trunk Sewer) Eastern Village Trunk Sewer and Watermain Line AGREEMENT dated 2015, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation ("City"), and Chase Development, Inc (the "Developer"). 1. REQUEST FOR PUBLIC IMPROVEMENT PROJECT APPROVAL. The Developer has asked the City to approve the final plans for the Eastern Village Trunk Sewer and Watermain Line (referred to in this Contract as the "project"). The land is on which the project is situated in the County of Washington, State of Minnesota, and is legally described in the attached Exhibit "A": 2. CONDITIONS OF PROJECT APPROVAL. The City hereby approves the project on condition that the Developer enter into this Contract and furnishes the security required by it. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City the Developer may not grade or otherwise disturb the earth, remove trees, and construct utilities, until all the following conditions have been satisfied: 1) this agreement has been fully executed by both I parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) all required easements have been recorded with the Washington County Recorder's Office, and 4) the City's Community Development Director has issued a letter that all conditions have been satisfied,a preconstruction conference has been held, and that the Developer may proceed. 4. DEVELOPMENT PLANS. The project shall be constructed 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— Eastern Village Trunk Sewer and Watermain Line 5. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer- Eastern Village Trunk Sewer and Watermain Line. S. Watermain - Eastern Village Trunk Sewer and Watermain Line. The improvements shall be installed in accordance with the City subdivision ordinance and the City's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the Lake Elmo Public Works Facility 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. 6. 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 29, Summary of Cash Requirements (City Engineering Administration Escrow). The escrow account will be used to reimburse the City for all engineering administration and construction observation performed during the construction of the improvements until the escrow has been reduced to half of its original amount. 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 improvements (at normal City rates for such services) and will maintain the account at half of the original balance. If 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 accordance with this Section. 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 3 acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis at normal City rates therefor. 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. 7. 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 5 above. 8. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: A. Right-of-Wav 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: 4 • Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit • SW PPP (Stormwater Pollution Prevention Plan) F. Wetland Mitigation: • Board of Water and Soil Resources,WCA G. Construction Dewatering: • Minnesota Department of Natural Resources 9. TIME OF PERFORMANCE. The Developer shall install all public improvements by September 15, 2015. 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. 10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the project area to perform all work and inspections deemed appropriate by the City in conjunction with project construction. 11. CONSTRUCTION ACCESS. Construction traffic access and egress for public utility construction is restricted to access the subdivision via the planned construction access off of Lisbon Avenue. No construction traffic is permitted on other adjacent local streets. 12. 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 when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 13., 14. and 15. 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". 13. EROSION CONTROL. Prior to initiating construction activity, all erosion control measures shall be implemented by the Developer and inspected and approved by the City. Erosion control practices 5 must comply with the approved plans and specifications for the project, 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 construction activity will be allowed unless the project is in full compliance with the approved erosion control plan. 14. GRADING PLAN. The project shall be graded in accordance with the approved plans. The plans shall conform to Engineering Design and Construction Standards Manual. All grading shall be completed within the project area prior to the acceptance of the public improvements. 15. UTILITY IMPROVEMENTS. All sanitary sewers and watermain shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "A" and Plan "B". The plan shall conform to the City's Engineering Design and Construction Standards Manual. 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 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. 16, STREET MAINTENANCE DURING CONSTRUCTION. The developer shall be responsible for keeping p u b I i c streets within and adjacent to the project area clean of dirt and debris that may spill, track, or wash onto the street from Developer's operation. A copy of this contract shall be approved by the City before construction activity is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 6 17. 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: a. Developer/Developer Engineer's Certificate b. 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. 18. WETLAND MITIGATION. The Developer shall complete any required wetland mitigation/restoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If any required mitigation work is found to be incomplete or restoration is unsuccessful, and if Developer fails to remedy such default within fifteen (15) days after written notice from the City (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), 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. 19. 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 the further event that such claims have not been resolved by Developer within thirty (30) days after written notice 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 7 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 project, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the project, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting project, all at normal City rates therefor. All amounts incurred and due at the time, must be fully paid prior to acceptance of the improvements. 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 project 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. Notwithstanding anything to the contrary, Developer's obligation to indemnify, hold harmless and defend the City shall not extend to any claim, liability, loss, costs, damages or expenses, including attorney's fees,which relate to, result from or are caused by the City's violation of applicable law, this Agreement or the negligence of the City and/or its officers, employees, consultants or agents. 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. 20. CITY PAYMENTS. There are no City payments for oversizing. 21. SPECIAL PROVISIONS.The following special provisions shall apply to the project. s A. Implementation of recommendations and plan revisions as directed by the City Engineer, 22. 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 subdivides the property. B. 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 commencement of construction activity. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. C. Third parties shall have no recourse against the City under this Contract. D. 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. E. 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. F. This Contract shall run with the land and may be recorded against the title to the 9 property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the project property 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 project property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. G. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. H. The Developer represents to the City that the project 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 project does not comply, the City may, at its option, refuse to allow construction or development work in the project area until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 23. 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 fora period of thirty(30)days afterwritten 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 10 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). 24. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is 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. 25. ENFORCEMENT BY CITY; DAMAGES._The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 26. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either a cash deposit or 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 11 installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. 27. 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$789,280. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Eastern Village Trunk Sewer and Watermain $624,924 Developer's Record Drawings $2,500 Construction Sub-Total $627,424 Total Project Securities (at 125% Construction $784,280 Costs) 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. 28. 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 a 50%, or $392,140 of the security provided in accordance with paragraph 27. above may be released when: (1) all utilities have been installed, all testing has been successfully completed, and the utilities are considered ready for use by the City Engineer; 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. 12 B. Up to an additional 25%, or $ 196,070 of the security provided in accordance with paragraph 2 7. above may be released when: (1) all Improvements under this Agreement have been completed to the satisfaction of the City Engineer including all restoration and corrective work for any identified punch list items; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivers, are provided. C. Twenty-five percent (25%) of the security provided in accordance with paragraph 27. above shall be retained as security until: (1) all improvements have been completed, (2) all financial obligations to the City satisfied, (3) the required "record" plans have been received and approved by the City, (4) a warranty security is provided, and (5) the public improvements are accepted by the City. 29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of project approval: City Engineering Administration $20,000 (Based on two months of Escrow administration/observation) Total Cash Requirements $20,000 30. 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: 10850 Old County Road 15, Suite#200, Plymouth, MN 55441. 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. 31. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership of the property on which the project will be constructed by way of an attorney's title opinion or title insurance policy dated not earlier than thirty (30) days prior to the start of construction. CITY OF LAKE ELMO 13 BY: Mayor (SEAL) AND City Clerk DEVELOPER: BY: Its BY: Its BY: Its 14 STATE OF MINNESOTA ) ( ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2 , by and by , the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 by the of NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651)747-3901 15 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 16 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 17 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Project Property Easton Village, LLC Property: All that part of the Northeast Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter all being in Section 13,Township 29 North, Range 21 West,Washington County, Minnesota, lying south of the southerly right-of-way line of the Union Pacific Railroad, and further described as follows: Beginning at the East Quarter Comer of said Section 13; thence South 0 degrees 02 minutes 51 seconds East bearings based on the Washington County Coordinate System (NAO 83), along the east line of said Southeast Quarter of Section 13, a distance of 1321.17 feet to the southeast comer of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 32 minutes 18 seconds West along the south line of the North Half of said Southeast Quarter, a distance of 2637.64 feet to the southwest comer of said Northwest Quarter of the Southeast Quarter; thence North 0 degrees 00 minutes 58 seconds East along the North and South Quarter Section line of said Section 13, a distance of 1397.70 feet to the southerly right-of-way line of the Union Pacific Railroad; thence North 72 degrees 32 minutes 48 seconds East along said southerly right- of-way line, a distance of 69.19 feet to the point of intersection with a line being 66.00 feet east of, as measured at right angles to, and parallel with said North and South Quarter Section line of said Section 13; thence South 0 degrees 00 minutes 58 seconds West along said parallel line, a distance of 330.00 feet thence(at right angles) South 89 degrees 59 minutes 02 seconds East, a distance of 300.00 feet thence(at right angles) North 0 degrees 00 minutes 58 seconds East, 424.41 feet to said southerly right-of-way line of the Union Pacific Railroad;thence North 72 degrees 32 minutes 48 seconds East, along said southerly right-of-way line of the Union Pacific Railroad, a distance of 2378.80 feet to the east line of said Southeast Quarter of the Northeast Quarter; thence South 0 degrees 02 minutes 53 seconds East along said east line, a distance of 883.82 feet to the point of beginning. Excepting therefrom that part of the Northwest Quarter of the Southeast Quarter of said Section 13, lying within the following described area: Commencing at the southwest comer of said Northwest Quarter of the Southeast Quarter; thence North along the west line of said Southeast Quarter of Section 13, a distance of 240.00 feet to the point of beginning; thence continuing North along said west line of the Southeast Quarter, a distance of 667.80 feet thence East at right angles a distance of 30.00 feet; thence southeasterly by a deflection angle to the right 46 degrees 28 minutes 00 seconds, a distance of 220.70 feet; thence southeasterly by a deflection angle to the left 20 degrees 35 minutes 00 seconds, a distance of 286.80 feet; thence south by a deflection angle to the right 64 degrees 07 minutes and parallel with said west line of the Southeast Quarter, a distance of 382.70 feet thence West at right angle, a distance of 440.00 feet to the point of beginning. And Excepting from the first above described area, all that part lying Easterly of a line 60.00 feet West of, measured at right angle to and parallel with the center line of County State Aid Highway 15 described as follows: Commencing at the East Quarter comer of said Section 13; thence South 00 degrees 51 minutes 49 seconds East, bearing oriented to the Washington County Coordinate System, South Zone, along the East line of said Section 13 to the southeast comer of said Section 13 and the beginning of the center line to be described; thence North 00 degrees 45 minutes 51 seconds West a distance of 3571.19 feet thence North 00 degrees 54 minutes 55 seconds West a distance of 1000.00 feet and said center line there terminating, except the Chicago and Northwestern Railroad right-Of-way, Washington County, Minnesota. Peter J. Schiltgen Property: That part of the West half of Section Thirteen (13), Township Twenty-nine(29) North of Range Twenty-one (21), lying within the following boundaries, to-wit: Beginning at the quarter post in the center of the South line of said Section; thence running North along the Center Line of said Section to a point in the center of the Saint Paul & Stillwater Road; thence Southwesterly along the center of said road to a point forty-four(44) 18 Rods West of the East Line of the Northwest Quarter of said Section; thence South on a line parallel with the West line of said Section to a point in the South line thereof Forty-four(44) Rods West of the center post in said line; thence East Forty-four(44) Rods to the place of beginning, excepting, however, a strip of land One Hundred (100) Feet in width, being Forty-four(44)feet on the north side and Fifty-six(56)feet on the South side of center line of St, P.S. &T. F. Ry. track as constructed over and across East Forty-four(44) Rods of West One-half(W 1/2), and also excepting therefrom the East 726 feet of the South 1800 feet of the Southwest Quarter(SW '/)of Section 13 Township 29 North, Range 21 West,Washington County, Minnesota, according to the United States Government Survey thereof, subject to the right of way of Minnesota Trunk Highway No. 5(also known as Stillwater Boulevard North), and is also subject to a 20 foot road use easement recorded by Document Number 328273 in the Office of the County Recorder,Washington County, Minnesota, and is also subject to a Northern States Power Easement recorded in Book 136 of Deeds, Page 297, in the Office of the County Recorder, Washington County, Minnesota. 19 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 1007885M 20 T1IE CITY OF LAKE ELN10 MAYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 REGULAR ITEM # 17 AGENDA ITEM: Easton Village Developer's Agreement—Minor Amendments SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Jack Griffin,City Engineer Dave Synder, City Attorney Nick Johnson, City Planner 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: At the request of the developer, Staff is recommending minor revisions to the approved developers agreement for Easton Village to: 1) change the name of the developer from Easton Village, LLC to Chase Development, Inc., and 2) remove the financial security amounts associated with the Eastern Trunk Sewer and Watermain project that will now be covered under a separate development contract. FISCAL IMPACT: None of the previous financial aspects of the agreement would be changed by the amendment; a portion of the security would be moved into the Eastern Village Trunk Sewer Agreement. SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve minor amendments to the Easton Village Developer's Agreement as described above. The Council recently confinned the final language to the used in the document, and none of these previously negotiated provisions will be changed. Please note that the request to revise the name of the developer steins from the developers inability to complete a proposed transaction with the Excelsior Group. In order to move the development forward, Chase Development, Inc. will be listed as the developer for the project. The other revision to the document concerning the --page I -- City Council Meeting [Consent Agenda Item 10] April 7,2015 removal of the trunk sewer securities is consistent with a related request by the same developer to enter into a separate agreement with the City for this work. The reconunended motion to take action on the request is as follows: "!hove to amend the developer's agreement for Easton Village as drafted and documented in the attached amended Development Agreement" LEGISLATIVE HISTORY/STAFF REPORT: The City Council approved a developers agreement for Easton Village on March 3 of this year, and affirmed that the language used in the agreement was consistent with its approval on July 15, 2015. Since this approval, the developer, working in conjunction with the other two residential developers in the Village (Gonyea and Engstrom Companies) has decided to split the trunk sewer line work from the public improvements specific to the Easton Village development. This splitting of the project will help facilitate the coordination of the trunk project among the three benefiting parties while helping move this portion of the project along a faster timeline. The proposed action would remove $784,280 of the required security that represents the cost to install the trunk line and moves this into the new agreement. Other than the change to the responsible developer, there are no other revisions proposed. All changes are tracked hi the attached document. BACKGROUND INFORMATION(SNOT): Strengths: Splitting out the trunk sewer work will help ensure that the regional project will move forward without any direct City responsibility for its construction. Weaknesses:.None—the overall security to be provided has not changed. Opportunities: The separation of trunk sewer and water elements form the existing agreement will help the three private developers better coordinate the installation of these improvements. Threats: None. RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City Council approve minor amendments to the Easton Village Developers Agreement to: 1) change the name of the developer from Easton Village, LLC to Chase Development, Inc., and 2)remove the financial security amounts associated with the Eastern Trunk Sewer and Watermain project that will now be covered under a separate development contract. The suggested motion to adopt the Staff recommendation is as follows: "Move to amend the developer's agreement for Easton Village as drafted and documented ut the attached amended DevelopmentAgreement" ATTACHMENTS: 1. Easton Village Developer's Agreement— Revised (with amendments tracked) --page? -- (reserved far recording infornrntion) DEVELOPMENT CONTRACT (Public sewer and water) Easton Village AGREEMENT dated 2015, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation ("City"), and Eas*roa�""agerl"Chase Development,Inc(the"Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Easton Village(referred to in this Contract as the"plat").The land is situated in the County of Washington,State of Minnesota,and is legally described as: 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within(180)days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both I parties and filed with the City Clerk,2)the necessary security has been received by the City,3)the plat and required homeowner's association documents have been recorded with the Washington County Recorder's Office, and 4) the City's Community Development Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that the Developer may proceed. 4. PHASED DEVELOPMENT. This plat is a phase of a multi-phased preliminary plat; the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks.Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. The plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks,not outlots,within five(5)years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the residential use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer's sole expense.The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract,the written terms shall control.The plans are: Plan A—Final Plat 2 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 and Tree Preservation Plan Plan E-Eastern Village Trunk Sewer Line 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer Saaitary-Sewer—Eastam Village TrdRk Sewer-Line D,C. Watermain E.D. Surface Water Facilities(pipe, ponds,rain gardens,etc.) F.E._ Grading and Erosion Control G.F.__._Sidewalks/Trails H.G. Street Lighting I.H. Underground Utilities J.L.._ Street Signs and Traffic Control Signs K..J _Landscaping and Street Trees LX, _ Tree Preservation and Reforestation M.L,.,_ Wetland Mitigation and Buffers 1,I40, Monuments Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the City's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition,the City may,at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer 3 and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff,to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract,for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 36, Summary of Cash Requirements (City Engineering Administration Escrow). The escrow account will be used to reimburse the City for all engineering administration and construction observation performed during the construction of the improvements until the escrow has been reduced to half of its original amount. 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 improvements (at normal City rates for such services)and will maintain the account at half of the original balance. If 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 accordance with this Section. 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, 4 final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis at normal City rates therefor. The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development. Developer will cause the contractor(s)to furnish the City with a schedule of proposed operations at least five(5)days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City's governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees,and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25%ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits,including but not limited to: A. Right-of-Way Excavations and Obstructions: • City of Lake Elmo,Right-of-Way Utility Installation(s) • City of Lake Elmo,Right-of-Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County,Street or Driveway Access(s) • Minnesota Department of Transportation,Utility Installation • Minnesota Department of Transportation,Right-of-Way Permit B. Watermain Extensions: • Minnesota Department of Health C. Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services 5 D. Stormwater Management: Valley Branch,Brown's Creek or South Washington Watershed District Permit E. Erosion,Sedimentation Control: • Minnesota Pollution Control Agency,General NPDES Stormwater Permit • SWPPP(Stormwater Pollution Prevention Plan) F. Wetland Mitigation: • Board of Water and Soil Resources,WCA G. Construction Deivatering: Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by June 30, 2016,with the exception of the final wear course of asphalt on streets.The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course.The Developer may,however,request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction,and street construction is restricted to access the subdivision via the planned construction access off of Manning Avenue. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in a sequence which will allow progress and compliance points 6 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 when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16., 17. and 18. For the purpose of this paragraph, Electronic message (email) shall be deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement". 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City.Erosion control practices must comply with the approved plans and specifications for the plat,with all watershed district permits and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City,the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten(10)days,the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, the developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action as allowed by this agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City's building permit requirements,or as required by the City or City Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to Engineering Design and 7 Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as-constructed grading plan. 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 Gads; and d)top and bottom of retaining walls. The City will not issue any building permits,with the exception of the model homes described in Section 26(A),until the approved certified record grading plan is on fife with the City. 18, STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public improvements, Plan "D". The plan shall conform to the City's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, the boulevards graded,street signs installed,and all restoration work on the site shall be completed in accordance with the approved plans, Once the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initial improvements.The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City,the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course may be installed in accordance with paragraph 12,above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer 8 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 subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City, The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: -Developer/Developer Engineers Certificate -Land Surveyors Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of"record plans" and affidavits, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer shall be required to dedicate 9.84 acres of land for public park purposes for the entire subdivision. The Easton Village Final Plat includes the dedication of 3.99 acres of land,which represents 40.5%of the overall total land dedication required. Future project phases shall either include dedication of the remaining 5.85 acres of park land or a cash payment in lieu 9 of land dedication consistent with the Lake Elmo Subdivision Ordinance. 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges(SAC) 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 $213,000.00. 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 $213,000.00. 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 $2,485.00 per REU, and a water connection charge in the current amount of$1,C00.00 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,which may be more or less than the amount specified herein. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements, and the installation costs shall be included in the street construction calculations. 24. STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street lighting plan approved by the City. The Developer shall coordinate the installation of street lights with Xcel Energy in conjunction with the other improvements, and agrees to pay Xcel Energy for all upfront costs associated with the street lighting system, Including underground cables, posts, lamps, ballasts,starters, photocells, and glassware. All street lights will be leased by the City upon final acceptance of the system. The Developer shall also pay$749.52 in payment for the first year operating costs for street lights. 10 25. WETLAND MITIGATION. The Developer shall complete any required wetland mitigation/restoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If any required mitigation work is found to be incomplete or restoration is unsuccessful, and if Developer fails to remedy such default within fifteen(15)days after written notice from the City(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), the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used by the City to perform the work. 26. BUILDING PERM ITS(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(5)model homes on lots acceptable to the Community Development Director. B. Prior to issuance of building permits,wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. The monument design shall be approved by the Community Development Department. C. Written certification of the as-constructed grading must be on file at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and/or withholding of other permits, inspection or actions,including lots sold to third parties,and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen,employees,agents,or third parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City I 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. 27. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, and in the further event that such claims have not been resolved by Developer within thirty (30) days after written notice 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 attomeys'fees pursuant to this Contract. B. Except as otherwise specified herein,the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat,all at normal City rates therefor. 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 I? 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. Notwithstanding anything to the contrary, Developer's obligation to indemnify, hold harmless and defend the City shall not extend to any claim, liability, loss, costs, damages or expenses, including attorney's fees, which relate to, result from or are caused by the City's violation of applicable law,this Agreement or the negligence of the City and/or its officers,employees,consultants or agents. 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. 28. CITY PAYMENTS. There are no City payments for oversizing due to previous agreements with the Developer concerning the 39`"Street Trunk Sewer Line project. 29. RAILROAD CROSSING IMPROVEMENTS:The Developer shall be required to pay for a portion of the costs to secure,build and install a public rail crossing at the location shown in Exhibit B to specifications required by the City,the Minnesota Department of Transportation,the Union Pacific Rail Road and any other regulatory agency having jurisdiction over the crossing and the track in accordance with the specifications of the City of Lake Elmo. The Developer's portion of these costs shall be calculated based on the percentage of the overall number of Residential Equivalency Connection(REC) units planned for developments that will directly access the Village Parkway minor collector road between State Highway 5 and 301"Street divided by the estimated overall project costs. The City will request that all future development projects connecting directly to Village Parkway contribute towards said crossing improvement. The Developer shall provide all property in fee and/or easements as required by the City necessary to establish the railroad crossing, The Developer agrees to submit a cash payment of $63,000 to the City for its share of the railroad crossing improvements. 13 A. The amount of the cash payment was calculated as follows: $500,000 estimated project costs multiplied by 12.6%_$63,000. B. The calculation for future railroad crossing costs has been determined as follows: Parcel ID(s) Percentage Total Costs 13.029.21.14.0002 38.6% $193,000 13.029.21.42.0001 13.029.21.41,0001 13.029.21.13.0001 13.029.21.43,0004 17.8% $89.000 13.029.21.44.0002 13.029.21.12.0001 30.2% $151,000 13.029.21.14.0002 13.029.21.24.0001 13.4% $67.000 Totals 100% $500,000 C. If the construction amount of the railroad crossing installation exceeds $500,000, the additional cost shall be allocated proportionally to the parcels listed above upon consent of all property owners and the City. The City may participate in the additional costs of construction of the railroad crossing if it is deemed to be necessary as a matter of public safety. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the January 22,2015, February 5,2015,and February 10,2015 Engineering review memorandums concerning the Easton Village Final Plat. B. Before the City executes the final plat, the Developer shall convey Outlots A,B. D,G,Part of E,and F to the City by warranty deed,free and clear of any and all encumbrances. C. Railroad Crossing Improvements. The Developer shall enter into an escrow agreement with the City satisfactory to the City Attorney concerning acquisition of and the payment of costs associated with a new railroad crossing and the construction of related public improvements 14 serving the property and providing financial guarantees concerning the construction of said improvements. Developer shall provide all property in fee and/or easements as required by the City necessary to establish the railroad crossing. D. The Developer shall install temporary tumarounds on the northern end of Linden Avenue North and the termination point of 32"1 Street North until these roads are extended to the north as part of a future development phase. E. Temporary Manning Avenue Access Removal. Prior to the City's acceptance of the streets,the developer shall submit a letter of credit or cash escrow to the City in the amount of($27,870)to guarantee the removal of the temporary access road connecting to Manning Avenue. This letter of credit or escrow may be renewed for future project phases if the requirements for removal of the access road have not been met prior to the platting of future project phases. F. Compliance with recommendations of the Metropolitan Airports Commission as documented in a letter dated December 8,2014 from the Commission's Airport Planner. G. Disclosure of Information:The declarations for the Homeowner's Association shall include a disclosure statement in form and substance as attached as Exhibit B hereto regarding the Lake Elmo Airport,Access to Manning Avenue,and Union Pacific Railroad rail line. H. The Developer must obtain a sign permit from the City prior to installation of any permanent subdivision identification signs. I. The Developer shall be responsible for the construction of all improvements within the Manning Avenue(CSAH 15)right-of-way as required by Washington County and further described in the review letter received from the County dated June 24,2014. I. The Developer shall observe all other County requirements as specified in the Washington County review letter dated June 24,2014. J. The Developer shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping instalied In areas outside of land dedicated as public park and open space on the final plat. 15 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. O. The City and Developer agree to prepare a plan for improvements to the Outlot D park area by December 15,2015 with installation of said improvements to be completed by June 30,2016. 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 f led with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by the City Attorney, shall be filed with the final plat. No third-party beneficiary status is hereby conferred. All outlots and common areas,including Outlots A,C,and E 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 and assess the costs against the individual lots within the plat of Easton Village and without regard to the formalities or requirements of Minn.5tat.§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 16 Developers 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 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. 17 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 Developershall 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 cf 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 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 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.. 34. ENFORCEMENT BY CITY: DAMAGES The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers,the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to,the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 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 a cash deposit or 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 subject to one (1) year from the date of final written acceptance,unless the wearing course is placed during the same construction season as the bituminous base course, In those instances, the Developer shall guarantee all work, including street construction,concrete curb and gutter,sidewalks and trails, material and equipment for a period of two(2)years from the date of final written City acceptance of the work. C. The required warranty period for sod,trees,and landscaping is two growing seasons 19 following installation. D. The required warranty for landscaping within storm water infiltration areas (Portions of Outlot B and Outlot F)shall be three(3)years following installation. The developer shall also enter into a maintenance agreement with the City for a period of three(3)years prior to acceptance of the landscaping for within these storm water infiltration areas. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination of weeds and invasive species. 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$3,653,989443&,144.The amount of the security was calculated as follows: CONSTRUCTION COSTS: Streets $526,489 Sanitary Sewer $293,960 gasteF"112Qe-TruRk-Sewer--and-WateFinaln $6224.924 • ---- Formatted:Tab stops: 3.6",Right Watermain $303,299 Surface Water Facilities(pipe,ponds,rain gardens, $585,943 etc.) Grading $728,739 Erosion Control $68,678 Sidewalks/Trails $98,777 Street Lighting Xcel to Install,to be pre-paid directly by developer Street Signs and Traffic Control Signs $5,600 Landscaping $110.781 Tree Preservation and Restoration $164,435 Wetland Mitigation and Buffers Separate letter of credit through Watershed District 20 Monuments S30,000 Miscellaneous Facilities N/A Developers Record Drawings $6,500 Construction Sub-Total $2,923,191 1,548-1-1-5 Total Project Securities(at 125%Construction $3,653,989 4,434,44 Costs) 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. 35: 37.REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt — Formatted: No bullets or numbering 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 $1,826.995 2,'L147—,-" of the security provided in accordance with FLeft+ d:Indent:Left: 0.06",First line: Right- 0.08",Line spacing: Multiple paragraph 3236. above may be released when: (1) Developer's obligations under this Agreement have mbered+Level:1+Numbering ,C,...+Start at:I+Alignment: ned at: -0.5"+Indent at: 0" been completed and the Public Improvements have been found to be complete to the satisfaction of the Formatted:condensed by 0.2 pt 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 $ 913,497 474-98;786-of the security provided in Formatted:Indent:Left: 0,06",First line: 1.06",Numbered+Level:1+Numbering accordance with paragraph 3236. above may be released when: (1) Developer's obligations under Style:A,B,C,...+Start at:2+Alignment: Left+Aligned at: -0.5"+Indent at: 0" 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 11 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. 36: 38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the - Formatted: No bullets or numbering cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge(SAC) $213,000 Water Availability Charge(WAC) $213,000 Park Dedication NIA Railroad Crossing Improvement $63,000 Contribution Street Light Operating Fee $749.52 Village AUAR Fee $16,630 City Base Map Upgrading $1,100 City Engineering Administration $50,000(Based on two months of Escrow ad min istrationlobservation) Total Cash Requirements $557,479.52 37-.39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand --- Formatted:Indent:First line: 0.56', Numbered+Level:1+Numbering Style:1,2, 3,...+Start at:39+Alignment:Left+Aligned delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the at: -0.5"+indent at: -0• following address: 2140 West County Road 42, Burnsville, MN. 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 a1 the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 22 38,40.EVIDENCE OF TITLE. Developer shall furrish the City with evidence of its fee t Formatted:lndent First line: 0.5 Numbered+Level;1+Numbering style:1,2, ownershipof the property being platted b way of an attome 's title opinion or title insurance olio dated not 3,...+Start at:Indent +Alignment:Left+Aligned P P Y 9 P Y Y Y P policy at: -0.5"+Lndent at: -o^ earlier than thirty(30)days prior to the execution of the plat. CITY OF LAKE ELMO BY: Mayor (SEAL) AND City Clerk DEVELOPER: BY: Its 23 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 fcregoing instrument was acknowledged before me this day of ,2 by the of NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laveme Avenue North Lake Elmo,MN 55042 (651)747-3901 24 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 25 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 26 EXHIBIT"A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Easton Village All that part of the Northeast Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter all being in Section 13,Township 29 North,Range 21 West,Washington County,Minnesota,lying south of the southerly right-of-way line of the Union Pacific Railroad,and further described as follows: Beginning at the East Quarter Comer of said Section 13;thence South 0 degrees 02 minutes 51 seconds East bearings based on the Washington County Coordinate System(NAO 83),along the east line of said Southeast Quarter of Section 13,a distance of 1321.17 feet to the southeast comer of said Northeast Quarter of the Southeast Quarter;thence South 89 degrees 32 minutes 18 seconds West along the south line of the North Half of said Southeast Quarter,a distance of 2637.64 feel to the southwest comer of said Northwest Quarter of the Southeast Quarter;thence North 0 degrees 00 minutes 58 seconds East along the North and South Quarter Section line of said Section 13,a distance of 1397.70 feet to the southerly right-of-way line of the Union Pacific Railroad;thence North 72 degrees 32 minutes 48 seconds East along said southerly right- of-way line,a distance of 69.19 feet to the point of intersection with a line being 66.00 feet east of,as measured at right angles to,and parallel with said North and South Quarter Section line of said Section 13; thence South 0 degrees 00 minutes 58 seconds West along said parallel line,a distance of 330.00 feet thence fat right angles)South 89 degrees 59 minutes 02 seconds East,a distance of 300.00 feet thence(at right angles)North 0 degrees 00 minutes 58 seconds East,424.41 feet to said southerly right-of-way line of the Union Pacific Railroad;thence North 72 degrees 32 minutes 48 seconds East,along said southerly right-of-way line of the Union Pacific Railroad,a distance of 2378.80 feet to the east line of said Southeast Quarter of the Northeast Quarter;thence South 0 degrees 02 minutes 53 seconds East along said east line,a distance of 883.82 feet to the point of beginning. Excepting therefrom that part of the Northwest Quarter of the Southeast Quarter of said Section 13,lying within the following described area:Commencing at the southwest comer of said Northwest Quarter of the Southeast Quarter;thence North along the west line of said Southeast Quarter of Section 13,a distance of 240.00 feet to the point of beginning;thence continuing North along said west line of the Southeast Quarter,a distance of 667.80 feet thence East at right angles a distance of 30.00 feet;thence southeasterly by a deflection angle to the right 46 degrees 28 minutes 00 seconds,a distance of 220.70 feet;thence southeasterly by a deflection angle to the left 20 degrees 35 minutes 00 seconds,a distance of 286.80 feet; [hence south by a deflection angle to the right 64 degrees 07 minutes and parallel with said west line of the Southeast Quarter,a distance of 382.70 feet thence West at right angle,a distance of 440.00 feet to the point of beginning. And Excepting from the first above described area,all that part lying Easterly of a line 60.00 feet West of, measured at right angle to and parallel with the center line of County State Aid Highway 15 described as follows:Commencing at the East Quarter comer of said Section 13;thence South 00 degrees 51 minutes 49 seconds East,bearing oriented to the Washington County Coordinate System,South Zone,along the East line of said Section 13 to the southeast comer of said Section 13 and the beginning of the center line to be described;thence North 00 degrees 45 minutes 51 seconds West a distance of 3571.19 feet thence North 00 degrees 54 minutes 55 seconds West a distance of 1000.00 feel and said center line there terminating, except the Chicago and Northwestern Railroad right-Of-way,Washington County,Minnesota. 27 EXHIBIT"B" TO DEVELOPMENT CONTRACT Disclosure of Information—Easton Village Developer shall cause the following notice to be given as part of the declarations for the Easton Village Homeowners Association: Lake Elmo Airport. The Property is located near the Lake Elmo Airport, a public use airport owned and operated by the Metropolitan Airports Commission.The Airport is open 24 hours a day, year round. The Airport operates with a primary runway on a northwest/southeast orientation and a perpendicular crosswind runway on a northeast/southwest configuration. The primary role of the Lake Elmo Airport Is to accommodate personal,recreational,and some business aviation users within Washington County and the eastern portion of the Twin Cities Metropolitan Area. The Airport accommodates aircraft operations from single and multi-engine propeller-driven aircraft;occasional corporate jet aircraft;helicopters;and pilot training facilities;all of which may affect the Property with overflights and aircraft noise during the day and at night. The Airport operates lighting which may be visible from the Property. The Long-Term Comprehensive Plan for the Lake Elmo Airport contemplates constructing a longer primary runway parallel to but shifted north and east of the existing northwest/southeast runway alignment and an extension to the crosswind runway. The proposed expansion is intended to improve the Airport's ability to fulfill its existing role and to compete more effectively for additional business-related flights that use propeller- driven aircraft. Further information regarding the Lake Elmo Airport can be obtained from the Metropolitan Airports Commission's Airport Manager,Telephone No.:651-224-4306. Union Pacific Railroad. The property is located near an active Union Pacific Rail Line,which at present,carries 4-6 trains per day. The City of Lake Elmo Intends to construct a new railroad crossing across the railroad right- of-way that will connect the northernmost extension of Village Parkway as platted within Easton Village to Minnesota State Highway 5. Manning Avenue/County Highway 15. The access to Manning Avenue from 32Id Street North is temporary in nature and will be eliminated at such time that Village Park Way is connected to 3&Street or 5 years has passed from the date of final plat approval,whichever is longer. 28 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 or 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 ff 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 ioo7ss50vi 29 11 I CITY Ill= LAKE ELMO MAYOR COX COUNCIL COMMUNICATION DATE: June 9, 2015 REGULAR ITEM # 18 AGENDA ITEM: Zoning Text Amendment—Freeway Signs, Written Findings for Denial SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Kyle Klatt, Community Development Director Dave Snyder, City Attorney 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 RE,CCOMENDER: Staff FISCAL IMPACT: N/A SUMMARY AND ACTION REQUESTED: The City Council is being asked to formally approve written findings of denial of a Zoning Text Amendment request submitted by Rhim Kenworth to amend the City's Sign Ordinance to allow freeway signs. The recommended motion to take action on the request is as follows: "Alove to adopt Resolution No. 2015-53, denying the request to amend the City's Sign Ordinance to allow free►vay sighs on commercial properties ►vithin close pro-vindo to I-94 Corridor." LEGISLATIVE HISTORY/STAFF REPORT: The City Council reviewed the request to amend the Sign Ordinance at a meeting on May 5, 2015. At the meeting, a motion to approve the requested Zoning Text Amendment failed (Vote: 3-2). Once the motion failed, the Council was informed that written findings for denial would be required as the request was submitted by --page l -- City Council Meeting [Regular Agenda Item 18] June 9,2015 an external applicant, as opposed to an internal City action. The attached resolution represents a synthesis of the Council's reported findings for denial and clarifies them as the written findings needed for the official record. As part of the discussion by the Council on May 5`h, two findings were highlighted that supported the decision to not approve the requested amendment to the Sign Ordinance, 1) The fact that the planning effort of the Gateway Corridor Bus Rapid Transit (BRT) Project remains incomplete at this time adds to the uncertainty surrounding the Hudson Blvd, area of the I-94 Corridor. The majority of the Council noted that decisions on commercial signage in the corridor should be postponed until there is greater certainty over the land use, design and character/aesthetics of the Gateway Corridor BRT. It was also stated that commercial signage along Hudson Blvd. could be reevaluated once the Gateway Corridor BRT planning process is complete. 2) While the Comprehensive Plan does support commercial growth in the I-94 Corridor, maintaining a rural community is also an identified goal of the City's Land Use Plan. Based on the discussion by the Council, the majority determined that increased allowance of commercial signage visible to 1-94 is not consistent with the City's goal of maintaining a rural community. It is based on these two findings discussed by the Council that staff has drafted written findings for denial of the Zoning Text Amendment for consideration by the City Council. The written findings are found in the attached resolution. RECOMMENDATION: Based on the above Staff Report, Staff is recommending that the City Council approve written findings of fact for the denial of the request to amend the City's Sign Ordinance. The suggested motion to adopt the Staff reconmlendation is as follows: "Move to adopt Resolution:No. 2015-53, denying the request to amend the City's Sign Ordinance to allow freeway signs on conm:ercial properties within close proximity to 1-94 Corridor." ATTACHMENTS: 1. Resolution No. 2015-53 --page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO.2015-53 A RESOLUTION DENYING A ZONING TEXT AMENDMENT TO AMEND THE CITY IS SIGN ORDINANCE TO ALLOW FREESTANDING AND PYLON SIGNS ON PROPERTIES WITHIN CLOSE PROXIA111TY TO INTERSTATE 94 WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Rihrn Kenworth, 11530 Hudson Boulevard North, Lake Elmo, MN, (the "Applicant")has submitted an application to the City of Lake Elmo (tile "City") for a Zoning Text Amendment to amend the City's Sign Ordinance to allow freestanding and pylon signs on commercial properties within close proximity to Interstate 94; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS,the Lake Elmo Planning Commission held a public hearing on said matter on April 13, 2014; and WHEREAS,the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated May 5, 2015; and WHEREAS, the City Council considered said matter at its May 5, 2015 meeting. NOW, THEREFORE, based on the testimony elicited and information received,the City Council makes the following: FINDINGS 1) That the procedures for requesting a Zoning Text Amendment are found in the Lake Elmo Zoning Ordinance, Section 154.105. 2) That all the submission requirements of said Section 154.105 have been met by the Applicant. 3) That the proposed Zoning Text Amendment includes the following components: a) The amendment to the Sign Ordinance would allow freestanding and pylon signs on commercial properties within close proximity to Interstate 94; and Resolution No. 2015-53 1 b) That freeway signs only be permitted within 150 feet of the right-of-way of Interstate Highway 94. c) That these sings are not to exceed 150 square feet in area and 25 feet in height. 4) That the planning effort of the Gateway Corridor Gold Line Bus Rapid "Transit(BRT) Project along Hudson Boulevard in Lake Elmo is not yet complete. 5) That the land use, built environment and design of Lake Elmo's I-94 Corridor is likely to significantly change as a result of the Gateway Corridor BRT planning process. 6) That increasing the commercial signage allowance prior to the Gateway Corridor BRT planning process being completed is not prudent at this time. 7) That the City has the ability to reevaluate the appropriate amount and type of commercial signage along the I-94 Corridor once the Gateway Corridor BRT planning process is complete. 8) That amending the City's sign ordinance to allow lager commercial signage along I-94 at this time is not consistent with the City's goal of maintaining a rural community as guided by the Comprehensive Plan. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Zoning Text Amendment is denied. Passed and duly adopted this 9"' day of June 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson,Mayor ATTEST: Adarn Bell, City Clerk Resolution No. 2015-53 2 6/7/2015 FOCUS Engineering,Inc.Mail-Downtown 2015 Improvements-Post Bid Costs and Assessment Analysis Jack Griffin <jack.griffin@focusengineeringinc.com> GM Downtown 2015 Improvements -Post Bid Costs and Assessment Analysis Jack Griffin <jack.griffin@focusengineeringinc.com> Sun, Jun 7, 2015 at 12:59 PM To: Mike Pearson <mikepearson 1 965@yahoo.com>, Julie Fliflet<jfliflet@lakeelmo.org>, "Anne J. Smith" <annejsmith@msn.com>, Justin Bloyer<jbloyer@lakeelmo.org>, Jill Lundgren <jundgren@lakeelmo.org>, "Dean A. Zuleger" <dzuleger@lakeelmo.org>, Cathy Bendel <CBendel@lakeelmo.org> Cc: Chad Isakson <Chad.Isakson@focusengineeringinc.com>, "Adam R. Bell" <ABeil@lakeelmo.org>, Beckie Gumatz <BGumatz@lakeelmo.org> Please see the attached documents to present the post bid project costs and assessment impacts. The quick summary is outlined as follows: See Bid and Assessment Comparison PDF: • Contractor bids were slightly over the engineer's estimate. • Total project costs are now 4.5% higher than Report estimates. • Sewer costs came in over$200,000 less than estimates. o Streets were a little higher than estimate. o The big cost increase was seen in the regional storm water and pond excavation. • Due to post bid costs: • The 2015 Street, Drainage, Landscape and Streetscape assessment increased from $8,500 to $9,200. An increase of$700. o The sanitary sewer assessment was at$14,000. Based on report costs it calculated at$13,500 and it was recommended to add a $500 buffer. The buffer was needed because the 2016 sewer bids will not be received until next year. o The post bid sewer assessment calculation now shows$12,000, a $1,500 per REC reduction. • I plan to present 2 options on Tuesday. • Option 1 keeps the sewer assessment at$14,009 at the preliminary assessment level. Next spring the 2015 construction will be substantially complete and 2016 bids will be received before the 2015 final assessment hearing takes place, so the council will have firm numbers before determining the final sewer assessment and it can be lowered at that time. o Option 2 shows the sewer assessment at$13,300. This lowers the sewer assessment by $700 to counter the street assessment increase. Additional lowering may be possible after 2016 bids. • I will keep the presentation at only two options, however the council can obviously choose a sewer assessment anywhere between $12,000 and $14,000. Additional attached documents: • Total Project Costs -2015 Post Bid Summary. This represents the updated Total Project Cost worksheet for the combined 2015 and 2016 Improvements, Keep in mind that the 2015 Improvements are now post bid costs while 2016 Improvements remain unchanged. • Post Bid Street+Landscape Assessment Rolls. The first page shows the street assessment calculations/methodology. It shows$550,000 MSA funds being applied as was done for the report. The second page shows the Report preliminary assessment roll using $8,500 per unit side by side with the post bid unit assessment of$9,200. • Post Bid Sewer Assessment Rolls-Options 1+2. The first page shows the sewer assessment calculations/methodology based on TOTAL PROJECT. The second page shows Option 1 using the Report preliminary assessment roll of$14,000 per unit.The third page shows Option 2 using $13,300 as the per unit assessment. Please don't hesitate to call with any questions. Thanks Jack John (Jack)W. Griffin, P.E. Principal/ Sr. Municipal Engineer https://mail.google.com/mail/u/O/?ui=2&ik=885060bd59&view=pt&search=sent&msg=14dcf2dO2l 841 di f&siml=14dcf2dO2l84l d 1 f 1/2 CITY OF LAKE ELMO DOWNTOWN STREET, SANITARY SEWER AND DRAINAGE IMPROVEMENTS POST BID ANALYSIS .2015 IMPROVEMENTS 2015 IMPROVEMENTS STREET/DRAINAGE REGIONAL DRAINAGE SANITARY SEWER WATERMAIN AMENITIES STREET SEGMENTS CITY COUNTY CITY COUNTY CITY COUNTY CITY COUNTY LANDSCAPE STREETSCAPE Upper 33rd Street,from Lake Elmo Avenue to Laverne $192,866 $0 $403,432 $80,480 $41,372 $0 $78,982 $0 $42,386 $26,000 Upper 33rd Street,from Laverne to Basin $116,469 $0 $1,834,615 $590,956 $324,147 $0 $0 $0 $0 $0 Laverne Avenue,from Upper 33rd Street to 36th Street $368,833 $0 $103,620 $0 $97,514 $0 $155,677 $0 $4,641 $0 Laverne Avenue,from 36th Street to TH5 $398,428 $0 $0 $0 $95,051 $0 $281,596 $0 $5,354 $0 36th Street, from Lake Elmo Avenue to Laverne $222,137 $0 $0 $0 $56,123 $0 $17,315 $0 $35,327 $23,000 Alley + Schi{t en Pond $120,630 $0 $0 $0 $85,533 $0 $0 1 $0 $0 $0 Subtotal b Agency) $1.419,364 $0 $2,341,667 $671,436 $699,741 $0 $533,571 $0 $87,708 $49,000 SUBTOTAL COST $1,419,364 $3,013,103 $699,741 $533,571 $136,708 TOTAL 2015 IMPROVEMENTS PROJECT COST $5,802,486 CITY COST SHARE $5,131,050 88.4% COUNTY COST SHARE $671,436 11.6% STREET/DRAINAGE REGIONAL DRAINAGE SANITARY SEWER WATERMAIN AMENITIES BURY OVERHEAD 2016 IMPROVEMENTS UTILITIES STREET SEGMENTS CITY COUNTY CITY COUNTY CITY COUNTY CITY COUNTY LANDSCAPE STREETSCAPE CITY Lake Elmo Avenue, from 30th Street to UPRR $277,365 $1,377,914 $0 $0 $400,094 $0 $623,328 $0 $02,904 406$32,550 $0 Lake Elmo Avenue, from UPRR to 36th Street $79,852 $442,862 $1831687 $65,739 $160,808 $0 $144,757 $0 $102,904 $406,550 $340,794 Lake Elmo Avenue,from 36th Street to TH5 $49,291 $270,585 $0 $0 $130,134 $0 $67,643 $0 $21,072 $66,263 $0 30th Street North $938,089 $0 $0 $0 $382,701 $0 $284,461 $0 $12,380 $0 $0 Subtotal. b A enc $11344,597 $2,091,361 $183,687 $65,739 $1,073,736 $0 $1,120,189 $0 $171,378 $504,913 $340,794 SUBTOTAL COST $3,435,958 $249,427 $1,073,736 $1,120,189 $676,291 $340,794 `County Landscape contribution of $37,000 is under CSAH 17 costs TOTAL 2016 IMPROVEMENTS PROJECT COST $6,896,393 CITY COST SHARE $4,739,293 68.7% COUNTY COST SHARE $2,157,100 31.3% TOTAL IMPROVEMENTS (2015+2016) $12,698,879 CITY COST SHARE $9,870,343 77.7% COUNTY COST SHARE $2,828,536 22.3% TOTAL PROJECT SUMMARY BY INFRASTRUCTURE TOTALS STREETIDRAINAGE& REGIONAL DRAINAGE SANITARY SEWER WATERMAIN STREETSCAPE AMENITIES OVERHEAD UTILITIES LANDSCAPE FUNDING SOURCE $3,023,046 $2,525,354 $1,773,477 $1,653,760 $553,913 $340,794 $9,870,343 100.0% WATER ENTERPRISE FUND $1,653,760 $1,653,760 16.8% MUNICIPAL STATE AID $800,000 $800,000 8.1% ASSESSMENT REVENUE $874,542 $0 $1,773,477 $0 $20,704 $2,668,723 27.0% CITY OBLIGATION $1,348,504 $2,525,354 $0 $0 $533,209 $340,794 $4,747,861 48.1% *2016 Amenitities Assessment%TBD w �- OZ O (D0000 (n F =) 69 M 69 E9 W9 F9 m v_ c O Z 0 ' U 0 m } H Q Z N W O m 0 0 0 0 c) O = EA m 69 EA f9(9 O W a O o O w � U z � Z w +s' w v o 0 c a o o C V A a0 � L (DN (D U � � _ _ 0 Z O (D V I- O O Ln cn O (D ❑ ❑ ❑ V = M (D I—I u) '- O O (D 0 0 W (D M I— W m O O F F 6q wr H N (+07 U ZO o t4 Oa (9 U m Z H CW U C U) W (D N O N co V } W W �--. 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