HomeMy WebLinkAbout05-03-16 council meeting packet
NOTICE OF MEETING
City Council Meeting
Tuesday, May 3, 2016 7:00 P.M.
City of Lake Elmo | 3800 Laverne Avenue North
Agenda
A. Call to Order/Pledge of Allegiance
B. Approval of Agenda
C. Approval of Minutes
1. March 15, 2016; April 5, 2016; April 19, 2016
D. Public Comments/Inquiries
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements
3. Approve March 2016 Building Department Report
4. Approve Inwood Water Tower (No. 4) – Change Order No. 1
5. Approve Lawful Gambling Permit – Catholic Parents Club
6. Approve Inwood 3rd Addition Amended Developer’s Agreement
7. Receive Budget Workshop Calendar
8. Approve Kevin Magnuson LLC Engagement Letter
9. Approve 3M Tolling Agreement
G. Regular Agenda
10. Old Village Phase 2: Street, Drainage and Utility Improvements – Public Hearing, Order Improvements and
Provide Concurrence to Award Contract
11. CSAH 17 (Lake Elmo Avenue) – Approve Revised Phase 1 and 2 Cooperative Agreement – Resolution
2016-36
12. 2016 Street Improvements – Adopt Resolution 2016-31 Approving 2016 Street and Utility Improvements and
Rescinding Resolution 2015-82 – Resolution 2016-31
13. 2016 Capital Improvement Financing Plan; Approval of the Issuance of G.O. Bond Series 2016A –
Resolution 2016-28
14. Palmquist Commercial Wedding Ceremony Venue IUP – Public Hearing – Resolution 2016-
15. Fish House Exemption from Requirement that No Accessory Structure be Constructed Prior to Principal
Structure on a Lot
16. Parliamentarian Contract
H. Council Reports
I. Staff Reports and Announcements
J. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
CITY OF LAKE ELMO CITY COUNCIL MINUTES
MARCH 15, 2016
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7:00 pm.
PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren.
Staff present: Interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin,
Finance Director Bendel, Planning Director Wensman, Fire Chief Malmquist and City Clerk
Johnson.
Others present: Parliamentarian Wendt
APPROVAL OF AGENDA
Approval of Minutes was removed from the agenda. Items 8 and 9 were moved to the regular
agenda.
Agenda approved as amended.
PUBLIC COMMENTS/INQUIRIES
Christine Nelson, 2871 Legion Avenue North, expressed concern for City staff and asked the
Council to be respectful and consistent.
Nadine Obermueller, 8696 42nd Street North, spoke about a letter she sent to the City Council
and Commissions regarding disclosure of conflicts.
PRESENTATIONS
None
CONSENT AGENDA
2. Approve Payment of Disbursements
3. Accept February 2016 Financial Statements 4. Accept February 2016 Assessors Report 5. Accept February 2016 Building Department Report 6. Approve Annual League of MN Cities Insurance Trust Waiver Form
7. Village Preserve 1st Addition – Approve Reduction of Security #1
7.5 Approve 3M Tolling Agreement Consent Agenda approved as presented.
ITEM 8: Authorize Advertisement for Part Time Fire Admin Position
Councilmember Bloyer, seconded by Mayor Pearson, moved TO AUTHORIZE STAFF TO
ADVERTISE, INTERVIEW AND PRESENT A CANDIDATE FOR HIRING FOR THE
PART TIME FIRE DEPARTMENT ADMINISTRATIVE ASSISTANT OPENING. Motion
passed 5 – 0.
LAKE ELMO CITY COUNCIL MINUTES
MARCH 15, 2016
Page 2 of 4
ITEM 9: Approve Official Newspaper Designation Interim Administrator Schroeder reviewed the request to approve one newspaper for official
publication without an alternate.
Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION
2016-17 DESIGNATING THE OAKDALE-LAKE ELMO REVIEW AS THE CITY’S OFFICIAL NEWSPAPER. Motion passed 5 – 0.
ITEM 10: Savona 4th Addition Final Plat
Planning Director Wensman presented an overview of the Savona 4th Addition plat, zoning, site
information and issues discussed by the Planning Commission. Discussion was held concerning
street naming and avoiding duplication of street names for streets elsewhere in the City that do
not connect to Savona.
Mayor Pearson moved TO APPROVE RESOLUTION 2016-16 GRANTING APPROVAL OF
SAVONA 4TH FINAL PLAT WITH CONDITIONS. Motion failed – no second.
Mayor Pearson, seconded by Councilmember Bloyer, moved TO DENY THE SAVONA 4TH
ADDITION FINAL PLAT. Motion failed 0 – 5.
Mayor Pearson, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION 2016-16 GRANTING APPROVAL OF SAVONA 4TH FINAL PLAT WITH EIGHT
CONDITIONS.
Councilmember Fliflet, seconded by Councilmember Smith, moved TO ADD A 9TH CONDITION THAT THE PLAT FOLLOW THE CITY STREET NAMING CONVENTION POLICY. Motion passed 3 – 2. (Pearson, Bloyer –nay)
Primary motion passed as amended 4 – 1. (Bloyer – nay). Councilmember Bloyer stated he
was opposed to forcing a naming policy on the developer.
ITEM 11: Downtown and Village Parkway Lighting Design
Planning Director Wensman reviewed the history of the design guidelines and lighting design the
Council previously approved for downtown. Discussion held regarding the dark sky ordinance.
Councilmember Lundgren, seconded by Councilmember Smith, moved TO APPROVE THE LIGHTING IMPROVEMENTS FOR THE DOWNTOWN STREET, DRAINAGE AND UTILITY IMPROVEMENT PROJECT, BOTH PHASE 1 AND PHASE 2, AS PRESENTED BY THE CITY, WASHINGTON COUNTY AND SEH. Motion passed 4 – 1.
Councilmember Smith, seconded by Councilmember Lundgren, moved TO INSTALL EVANS FIXTURES AT INTERSECTIONS WITH ACORN FIXTURES SPACED BETWEEN ON INTERSECTIONS ON VILLAGE PARKWAY TO BE CONSISTENT WITH DOWNTOWN LIGHTING. Motion passed 4 – 1.
Councilmember Bloyer stated he would not support the lighting design as it does not comply with the City’s dark sky ordinance.
LAKE ELMO CITY COUNCIL MINUTES
MARCH 15, 2016
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ITEM 12: Inwood Water Tower (No. 4) – Accept Bids and Award Contract
City Engineer Griffin reviewed the project outline, bids received and the post bid project cost analysis. Griffin stated that City staff did not recommend adding the alternate for interior mezzanine storage space.
Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE RESOLUTION
2016-17, ACCEPTING BIDS AND AWARDING A CONTRACT TO CB&I, INC. FOR THE
BASE BID IN THE AMOUNT OF $2,395,000 FOR THE INWOOD WATER TOWER NO. 4.
Motion passed 3 – 2. (Fliflet, Smith – nay)
Councilmember Smith stated she is opposed to exterior structures that may be needed in the
future and would not support the project without the interior mezzanine storage.
ITEM 13: Update on Building Official Position
Interim Administrator Schroeder recommended that the Council appoint City Building Inspector Toni Liljedahl as the City’s Building Official on a temporary basis until a new Building Official
is hired to allow the City to continue to issue building permits.
Councilmember Smith, seconded by Councilmember Fliflet, moved TO APPOINT TONI LILJEDAHL AS BUILDING OFFICIAL ON MARCH 26, 2016 ON A TEMPORARY BASIS UNTIL ANOTHER BUILDING OFFICIAL IS APPOINTED. Motion passed 5 – 0.
Interim Administrator Schroeder presented alternatives for building inspection services to cover
the vacancy in the Building Department on a temporary basis.
Councilmember Bloyer, seconded by Mayor Pearson, moved TO GIVE THE CITY
ADMINISTRATOR THE LATITUDE NEEDED TO FILL THE BUILDING OFFICIAL
VACANCY.
Councilmember Fliflet, seconded by Councilmember Smith, moved a substitute motion TO
AUTHORIZE THE CITY ADMINISTRATOR TO HIRE TEMPORARY HELP IF NEED TO
FILL THE GAP UNTIL A PERMANENT SOLUTION IS FOUND AND BROUGHT TO
THE CITY COUNCIL. Motion passed 3 – 2. (Pearson, Bloyer – nay)
Primary motion passed as substituted, 5 – 0.
COUNCIL REPORTS
Mayor Pearson: Attended a press conference at Tartan Park, met with Lake Elmo Jaycees prepping for the 40th anniversary of Huff N Puff days, followed up with Sanctuary residents,
spoke with downtown residents and business owners, meetings with residents. Commented on
the censure of Councilmember Bloyer.
Councilmember Fliflet: Announced selection of Kristina Handt as the new City Administrator,
thanked Washington County staff for presentation on stoplights. Reported on the Environmental Committee meeting, attached Tartan Park press conference.
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MARCH 15, 2016
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Councilmember Smith: Attended press conference at Tartan Park, worked on phone calls regarding City topics.
Councilmember Lundgren: Attended Council workshop regarding traffic light at 50th Street,
Lake Elmo Fire Relief meeting and Environmental Committee meeting. Announced new
location for the Farmers Market and upcoming vendor meeting at the Library.
Councilmember Bloyer: Met with Mayor Pearson and Washington County staff regarding a stop light on Manning at 50th Street, attended the Tartan Park press conference, noted no plan yet
for the unionization vote, called on the Council to hire a third party to investigate allegations
against him involving a staff member.
STAFF REPORTS AND ANNOUNCEMENTS
Interim City Administrator Schroeder: Announced vacancies for citizens to participate in the
Human Resources Committee, attended Tartan Park press conference, met with the City of
Oakdale Administrator and Engineer, met with Washington County regarding Manning Avenue
Phase 2, preparing for Parks Commission meeting and meeting with Washington County
regarding the Library. Working on downtown cell tower locations and asked for the Mayor and one Councilmember to attend meetings with the union to negotiate the first contract. Mayor
Pearson and Councilmember Fliflet agreed to attend.
City Clerk Johnson: No report.
Finance Director Bendel: Reported that the audit went well and is hoping to present the results
at the last meeting in May.
City Attorney Sonsalla: Reviewed the Mayor’s Handbook updates and meeting regarding the
Nature Center.
Planning Director Wensman: Working on ordinance reviews and preparing for the new City
Planner to join the staff.
City Engineer Griffin: Working on bids for the 2016 street improvements, securing Kelvin
Ave. easements, downtown phase 2 project and other projects.
Meeting adjourned at 10:56 pm.
LAKE ELMO CITY COUNCIL
ATTEST: ______________________________
Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO CITY COUNCIL MINUTES
APRIL 5, 2016
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7:00 pm.
PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren.
Staff present: Interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin,
Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson.
Others present: Parliamentarian Joshua Martin APPROVAL OF AGENDA
Councilmember Bloyer, seconded by Mayor Pearson, moved TO MOVE THE CLOSED
SESSION TO THE REGULAR AGENDA.
City Attorney Sonsalla clarified the nature of the discussion to be held during the closed session and noted that the state statutes allow this discussion to be held during closed session but the
Council may choose to hold the discussion during the regular meeting.
Motion failed 2 – 3. (Fliflet, Lundgren, Smith – nay)
Items 2, 5, 8 and 9 were moved to the Regular Agenda. Item 10 was postponed to the May 3, 2016 meeting. Conditional Job Offer to New Fire Department Recruit was added to the Consent Agenda.
Agenda approved as amended.
ACCEPT MINUTES
Councilmember Smith asked if there was an agreement between the parties that should be included in the motion under Item 7 in the February 2, 2016 minutes.
Councilmember Fliflet, seconded by Councilmember Bloyer, moved TO DIRECT THE
CLERK TO REVIEW THE VIDEO AND BRING THE FEBRUARY 2, 2016 MINUTES
BACK FOR APPROVAL. Motion passed 5 – 0.
Clerk Johnson noted a correction to the motion at the top of page 4 in the February 16, 2016 minutes to state that Councilmember Smith’s motion was withdrawn. February 16, 2016
minutes approved as corrected.
March 2, 2016 minutes were tabled to the next meeting for verification of the vote on a motion
made regarding Item 20.
Minutes of the March 8, 2016 special meeting were accepted as presented.
PUBLIC COMMENTS/INQUIRIES
Virginia Pleban, 8245 59th Street N., asked for volunteers to assist with weeding and maintaining
rain gardens in the City and commented on Council Member conduct. Councilmember Fliflet
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APRIL 5, 2016
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stated that she would bring rain garden maintenance to the Environmental Committee for
consideration.
Dave Moore, 8680 Stillwater Boulevard, inquired as to the purpose of the Environmental
Committee.
Bill Wacker, 3603 Laverne Avenue N., commented on the Fire Department and expressed
concerns over staffing due to recruitment challenges.
Barry Weeks, 3647 Lake Elmo Avenue N., expressed concern over the closed session at the end
of the Council meeting and lack of public input on the issue the Council is scheduled to discuss.
PRESENTATIONS
National Library Week Proclamation: Mayor Pearson read the National Library Week Presentation. Councilmember Fliflet recognized
Library Director Nate Deprey for the work he does at the Library.
Fire Department New Recruit: Chief Malmquist introduced new recruit Todd Galuska, noting that the City is fortunate to have
Mr. Galuska’s 5 years of experience and training from his previous department. Mr. Galuska
thanked the City for the opportunity to serve as a Firefighter.
CONSENT AGENDA
3. Accept 2015 Lake Elmo Firefighters Relief Association Actuarial Report 4. Adopt Resolution Requesting a Traffic Light at 50th Street – Resolution 2016-25
6. Approve Hiring of Building Official
7. Adopt Amended 2016 Fee Schedule – Ordinance 08-132
9.5 Conditional Job Offer to New Recruit Consent Agenda approved as presented.
ITEM 2: Approve Payment of Disbursements
Councilmember Bloyer requested clarification on library card reimbursements. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE PAYMENT OF DISBURSEMENTS. Motion passed 5 – 0.
ITEM 5: Village City Property Sewer Service – Approve Quotes to Complete Sewer
Service Connections
Councilmember Smith expressed concern over extending sewer service to the park shelter when
the park may be redesigned. City Engineer Griffin stated that the City has one year to connect
the park shelter to the sewer system.
Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO AWARD A
CONTRACT WITH CAPRA’S UTILITIES, INC TO COMPLETE SANITARY SEWER
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APRIL 5, 2016
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SERVICE IMPROVEMENTS FOR TWO CITY OWNED PROPERTIES: THE LAKE ELMO
LIBRARY AND FIRE STATION ONE, AND TO CONNECT LIONS PARK SHELTER IN
THE FUTURE. Motion passed 5 – 0.
ITEM 8: Approve Lawful Gambling Premises Permit for Pull Tab Sales at the Machine
Shed Restaurant
Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE RESOLUTION
2016-26 APPROVING A LAWFUL GAMBLING PREMISES PERMIT FOR THE
OAKDALE ATHLETIC ASSOCIATION.
Councilmember Fliflet, seconded by Councilmember Smith, moved TO POSTPONE THE
PENDING MOTION TO THE APRIL 19, 2016 MEETING. Motion passed 3 – 2. (Pearson,
Bloyer – nay)
ITEM 9: Savona 4th Addition Developer Agreement
Councilmember Smith asked staff for confirmation that the issues previously discussed by the
Council are included in the Developer Agreement and are being completed. City Attorney
Sonsalla stated that she has reviewed the Developer Agreement and everything seems to be in
line, noting that the list of items included with final plat approval must be complete before the 4th
Addition plat will be released.
Councilmember Lundgren, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION
2016-20 APPROVING THE DEVELOPER AGREEMENT FOR SAVONA 4TH ADDITION.
Motion passed 5 – 0.
ITEM 11: Easton Village Park Plan
Former Interim Administrator Schroeder summarized the park plan and timeline in the Developer’s Agreement for installation of the City park on Outlot D. Costs and options for
layout of the sidewalk, curbing and play structures were presented. Public Works Superintendent
Bouthilet commented on cost savings for utilizing the developer to prepare the site and install
curbing. Bouthilet also noted that it will be easier to install the park before the homes are all
built up around it and it will allow future residents to see where the park will be when choosing their lot.
Councilmember Smith, seconded by Councilmember Bloyer, moved TO DIRECT STAFF TO
COORDINATE WITH EASTON VILLAGE TO GRADE THE PARK PAD AND INSTALL
CONCRETE CURBING WHILE EASTON VILLAGE HAS CREWS ON-SITE, PURCHASE PROPOSED LARGE PARK AMENITIES AND HAVE AMENITIES INSTALLED THIS SUMMER. Motion passed 5 – 0.
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APRIL 5, 2016
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ITEM 12: 2016 Street Improvements – Approve Bids and Award Contract
City Engineer Griffin reviewed the areas included in the project and reported that four very
competitive bids were received. Griffin also reported on funding sources and the estimated
completion date of August 12, 2016.
Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2016-21, ACCEPTING BIDS AND AWARDING A CONTRACT TO HARDRIVES, INC. FOR THE BASE BID PLUS ALTERNATE NO. 1 IN THE AMOUNT OF $1,189,610.33 FOR THE 2016 STREET, DRAINAGE AND UTILITY
IMPROVEMENTS. Motion passed 4 – 0 – 1. (Fliflet – abstain)
Councilmember Fliflet stated that she abstained because she is opposed to the water project
opposed by some residents.
ITEM 13: Inwood Booster Station Improvements – Accept Bids and Award Contract
City Engineer Griffin reported that bids for the project came in higher than anticipated, but after reviewing the bids and Department of Health requirements; Griffin stated the project should be
awarded as is. Griffin reviewed the cost figures for the booster station and the overall Inwood
water system.
Councilmember Lundgren, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION 2016-23, ACCEPTING BIDS AND AWARDING A CONTRACT TO MAGNEY CONSTRUCTION, INC. FOR THE BASE BID IN THE AMOUNT OF $1,308,404
FOR THE INWOOD WATER BOOSTER STATION IMPROVEMENTS. Motion passed 5 –
0. Engineer Griffin requested Council authorization for work to be done by Xcel Energy at the site
as well.
Councilmember Smith, seconded by Councilmember Lundgren, moved TO AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH XCEL ENERGY TO BRING THREE PHASE POWER TO THE BOOSTER STATION SITE. Motion passed 5 – 0.
ITEM 14: CSAH 15 (Manning Avenue) – Phase 1 Cooperative Agreement
City Engineer Griffin presented a Cooperative Agreement between the City and Washington
County for cost participation in the Manning Avenue Phase 1 improvements.
Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2016-22 APPROVING COOPERATIVE AGREEMENT 10144 WITH WASHINGTON COUNTY FOR STATE AID HIGHWAY 15 (MANNING AVENUE) PHASE 1 IMPROVEMENTS. Motion passed 4 – 1. (Pearson opposed)
Mayor Pearson stated concerns over the cost of the trail included in the project and potential cost for moving the traffic light.
LAKE ELMO CITY COUNCIL MINUTES
APRIL 5, 2016
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ITEM 15: Downtown Phase 1 and 2 Improvements – Project Update
City Engineer Griffin presented summary and detailed information on costs for Phase 1 and 2
improvements. Location maps, project phasing and project schedule were also reviewed. Cost
figures were presented with changes that have affected the current totals.
ITEM 16: Old Village Phase 2: Street, Drainage and Utility Improvements – Accept Report, Adopt Project Assessment Policy and Call Public Hearing
City Engineer Griffin presented the feasibility report, scope of improvements and assessment
recommendations. Griffin reviewed the City’s special assessment policy and the proposed assessment rates for each property.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2016-24 RECEIVING THE FEASIBILITY REPORT, ADOPTING
PROJECT ASSESSMENT POLICY AND CALLING HEARING FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS. Motion passed 5 – 0. ITEM 17: Mayor’s Handbook – Chapter 31 Ordinance Update
Former Interim Administrator Schroeder reviewed final changed to the draft Ordinance update.
Councilmember Smith, seconded by Mayor Pearson, moved TO REPLACE CHAPTER 31.01-31.07 WITH THE ATTACHED CHAPTER 31.01-31.07 WITH REFERENCES TO
SPEAKER TIME LIMITS CHANGED TO 4 MINUTES ON PAGES 11, 12 AND 13.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO ADD “POSTED” BEFORE “AGENDA” IN 31.04, A, B AND C. Motion passed 4 – 1. (Bloyer – nay)
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO ADD TO 31.04B THAT TWO COUNCILMEMBERS MAY PLACE AN ITEM ON THE AGENDA. Motion passed 3 – 2. (Pearson, Bloyer – nay)
Councilmember Fliflet, seconded by Mayor Pearson, moved TO AMEND THE PRIMARY
MOTION TO STRIKE THE CHANGE REGARDING 4 MINUTE TIME LIMITS FOR SPEAKERS. Motion passed 3 – 2. (Bloyer, Smith – nay) Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY
MOTION TO ADD TO 31.04.D.6 TO STATE THAT THE COUNCIL SHALL NOT
INTERRUPT THE SPEAKER BUT SHALL WAIT UNTIL AFTER THE SPEAKER IS FINISHED. Motion failed 2 – 3. (Fliflet, Lundgren, Smith – nay) Primary motion passed 3 – 2. (Pearson, Bloyer – nay)
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-27 FOR SUMMARY PUBLICATION. Motion passed 5 – 0.
LAKE ELMO CITY COUNCIL MINUTES
APRIL 5, 2016
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ITEM 18: Union Negotiation Committee
City Administrator Handt requested that the Council appoint a committee and alternates to
participate in union contract negotiations. Councilmembers discussed their individual interest
and qualifications for serving on the committee.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ALLOW STAFF TO MEET WITH THE LOCAL 49ers REPRESENTATIVES AND BRING BACK A FULL CONTRACT FOR COUNCIL CONSIDERATION. Motion failed 2 – 2 – 0. (Pearson, Bloyer – nay. Smith – abstain)
Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPOINT MAYOR PEARSON AND COUNCILMEMBER FLIFLET TO ASSIST STAFF IN LABOR NEGOTIATIONS AND NOT APPOINT ALTERNATES BUT LET THE MEETINGS GO ON AS LONG AS A MAJORITY OF THE TEAM IS PRESENT. Motion passed 5 – 0.
COUNCIL REPORTS
Mayor Pearson: Investigated an allegation against Councilmember Bloyer related to Public
Works and found it to be false.
Councilmember Fliflet: Thanked former Interim Administrator Schroeder for his work with the
City and welcomed new City Administrator Handt.
Councilmember Smith: Received phone calls from residents on various issues; thanked former Interim Administrator Schroeder for his service and welcomed City Administrator Handt.
Councilmember Lundgren: Welcomed City Administrator Handt and thanked Clark Schroeder
for his service as Interim Administrator. Reported the Farmers Market group will hold a meeting
April 11th, 6:30 p.m. at the Library.
Councilmember Bloyer: Reported the City has received a data request targeting him and warned it will be very costly to the City to produce the information.
STAFF REPORTS AND ANNOUNCEMENTS
City Administrator Handt: Thanked staff for helping during her transition.
City Clerk Johnson: Working on website updates and welcomed new staff members.
Finance Director Bendel: Pulling together final information for 2016 bonding for Finance
Committee Meeting on April 13th.
City Attorney Sonsalla: Working on the Mayor’s Handbook and working with the City
Engineer on easements.
City Engineer Griffin: Holding an open house on April 23rd at Christ Lutheran Church for the CSAH 13 project. Received a petition for sewer access from Lake Elmo Elementary.
Engineering team is completing a sweep through developments to check on erosion control.
CLOSED SESSION
Mayor Pearson, seconded by Councilmember Smith, moved TO ADJOURN TO CLOSED
SESSION AT 1:17 A.M. PURSUANT MN STAT. 13.D.05 SUBD. 3 TO DISCUSS A REAL
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APRIL 5, 2016
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ESTATE TRANSACTION FOR PROPERTY LOCATED AT 3504 AND 3514 LAKE ELMO AVENUE AND ONE ADJOINING VACANT PARCEL. Motion passed 3 – 2. (Pearson, Lundgren – nay)
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO RETURN TO
OPEN SESSION AT 2:39 A.M. Motion passed 5 – 0.
Meeting adjourned at 2:39 a.m.
LAKE ELMO CITY COUNCIL
ATTEST: ______________________________ Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
CITY COUNCIL MINUTES
APRIL 19, 2016
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Meeting was called to order at 7:00 pm.
PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, and Jill
Lundgren. ABSENT: Councilmember Justin Bloyer.
Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson.
APPROVAL OF AGENDA
Items 11 and 15 were moved from the Consent Agenda to the Regular Agenda. Agenda
approved as amended.
ACCEPT MINUTES
Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE FEBRUARY 2, 2016 MINUTES WITH THE REMOVAL OF THE LAST PARAGRAPH ON
PAGE 1. Motion passed 3 – 1. (Pearson – nay)
March 2, 2016 Minutes approved as presented.
PUBLIC COMMENTS/INQUIRIES
Virginia Pleban, 8245 59th Street North, spoke about volunteerism and encouraged others to
appreciate volunteers.
PRESENTATIONS
Arbor Day: Mayor Pearson read the Arbor Day Proclamation
Environmental Committee: Committee Member Wendy Griffin spoke on behalf of the
Environmental Committee and reported that a tree giveaway will be held on Arbor Day for Lake Elmo residents.
Lake Elmo Jaycees: President Casey Block presented the City with a $10,000 donation from
charitable gambling.
CONSENT AGENDA
2. Approve Payment of Disbursements
3. Accept March 2016 Financial Statements
4. Accept March 2016 Assessor’s Report
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APRIL 19, 2016
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5. Approve Lift Station Repairs
6. Approve Hiring of Part Time Fire Department Administrative Assistant
7. Authorize Hiring of Interns
8. Authorize Advertisement for Public Works Director Position
9. 2016 Crack Sealing – Receive Quotes and Award Contract
10. Approve Inwood Water Tower Zoning Map Amendment- Ordinance 08-134
11. Approve Home Occupation Definition Change- Ordinance 08-135
12. Comprehensive Map Amendment for MUSA – Resolution 2016-31
13. Approve Lawful Gambling Premises Permit for Pull Tab Sales at the Machine Shed
Restaurant – Resolution 2016-29
14. Approve Summary Publication of Ordinance 08-132 Amending 2016 Fee Schedule –
Resolution 2016-30
15. Approve Waiving the Fee for Residents for Clean up Day
16. Approve Fence Easement Encroachment Agreement 11913 32nd St N
Consent agenda approved as presented.
REGULAR AGENDA
ITEM 11: Approve Home Occupation Definition Change
Planning Director Wensman reviewed the proposed change in home occupation definitions as
recommended by the Planning Commission.
Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE ORDINANCE 08-135 AMENDING THE HOME OCCUPATION DEFINITIONS OF CHAPTERS 154 & 11 OF LAKE ELMO’S MUNICIPAL CODE BY REMOVING “HAIRDRESSING,” LIMITING
STOCK IN TRADE TO 1000 SQUARE FEET, ALLOWING RETAIL SALES ANCILLARY
TO THE PERMITTED BUSINESS, ELIMINATE THE WORD “HAIRDRESSING” AND
REMOVING THE PROHIBITION OF BARBER SHOPS AND BEAUTY SALONS, AND AMENDING CHAPTER 11, SECTION 11.0: DEFINITIONS OF LAKE ELMO’S MUNICIPAL CODE BY ADDING A STOCK-IN-TRADE DEFINITION. Motion passed 4 –
0.
ITEM 15: Approve Waiving the Fee for Residents for Clean Up Day
City Administrator Handt stated that the Environmental Committee is working on organizing the
event and reported on past fee amounts collected and grant funds available for use.
Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE
WAIVING THE FEE FOR RESIDENTS FOR CLEAN UP DAY.
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APRIL 19, 2016
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Councilmember Fliflet, seconded by Councilmember Smith, moved an amendment adding TO EXPAND THE SCOPE OF CLEAN UP DAY TO INCLUDE ELECTRONICS AND BRUSH AND OTHER ITEMS THE ENVIRONMENTAL COMMITTEE CAN ORGANIZE. Motion passed 3 – 1. (Pearson – nay).
Primary motion passed 3 – 1 as amended. (Pearson – nay)
Mayor Pearson stated that other uses could be found for the funds that will be used to pay for this
event, and waiving the fee may have consequences in the future.
ITEM 17: 2016 Street Improvements – Adopt Resolution 2016-31 Approving 2016 Street and Utility Improvements and Rescinding Resolution 2015-82
City Administrator Handt reported on the need to rescind Resolution 2015-82 and adopt a new resolution to approve the 2016 Street and Utility Improvements, noting that the resolution must pass by a 4/5 vote in order to be accepted by bond counsel for inclusion in the 2016 Capital
Financing Plan.
Councilmember Fliflet moved TO TABLE ITEM 17 TO THE MAY 3, 2016 MEETING. Motion failed – no second. Mayor Pearson moved TO ADOPT RESOLUTION 2016-31 APPROVING 2016 STREET
AND UTILITY IMPROVEMENTS AND RESCINDING RESOLUTION 2015-82. Motion
failed – no second. Councilmember Fliflet requested staff prepare options for consideration at the next meeting that
would include breaking out components of the project.
ITEM 18: 2016 Capital Improvement Financing Plan; Approval of the Issuance of G. O. Bond Series 2016A Tammy Omdahl presented a Finance Plan Summary for the issuance of General Obligation
Bonds, discussed Mooty’s comments on the City’s bond rating and reviewed the timeline for sale
of bonds. Omdahl noted that the Council could put off action until the next meeting but does need to take action prior to the scheduled May 17, 2016 sale date.
Councilmember Smith, seconded by Councilmember Fliflet, moved TO POSTPONE ITEM 18
TO THE MAY 3, 2016 MEETING. Motion passed 4 – 0.
ITEM 19: Village Preserve 2nd Addition Final Plat
City Planner Wensman presented the final plat for Village Preserve 2nd Addition and Planning
Commission recommendations for approval. Street naming was discussed to address potential
conflicts with the use of Laverne as a street name.
LAKE ELMO CITY COUNCIL MINUTES
APRIL 19, 2016
Page 4 of 5
Councilmember Smith, seconded by Councilmember Fliflet, moved TO APPROVE RESOLUTION 2016-35 GRANTING APPROVAL OF THE VILLAGE PRESERVE 2ND ADDITION FINAL PLAT WITH 13 CONDITIONS BASED ON THE FINDINGS OF FACT IN THE STAFF REPORT.
Councilmember Fliflet, seconded by Councilmember Smith, moved TO STRIKE CONDITION #8 AND REPLACE IT WITH A CONDITION STATING THAT ALL STREETS WILL COMPLY WITH THE CITY’S STREET NAMING CONVENTION POLICY. Motion passed 4 – 0.
Primary motion passed 4 – 0 as amended. ITEM 20a: Inwood 3rd Addition Final Plat
Planning Director Wensman reviewed the plat for the Inwood 3rd Addition and the proposed
conditions of approval recommended by staff and the Planning Commission. Council added condition 11 by consensus that all streets follow the City’s naming convention.
Councilmember Smith, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2016-34 APPROVING THE FINAL PLAT FOR INWOOD 3RD ADDITION
WITH THE FINDINGS IN THE STAFF REPORT AND THE ADDITION OF CONDITION 11. Motion passed 4 – 0. ITEM 20b: Inwood 3rd Addition Developers Agreement
Planning Director Wensman reported that the Council was provided with an updated draft prior to the meeting.
Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE
RESOLUTION 2016-33 APPROVING THE DEVELOPERS AGREEMENT FOR INWOOD
3RD ADDITION. Motion passed 4 – 0. COUNCIL REPORTS
Mayor Pearson: Represented the City at the St. Paul Power and Sailboat Squadron boater safety
meeting, met with property owners, downtown business owners and staff, met with Cable
Commission rep Ginny Holder, commented on the city’s use of a parliamentarian and the censure of Councilmember Bloyer.
Councilmember Fliflet: Attended the Finance Committee meeting and very excited about the
work coming from the Environmental Committee.
Councilmember Smith: Attended the Finance Committee meeting and addressed numerous
resident issues.
LAKE ELMO CITY COUNCIL MINUTES
APRIL 19, 2016
Page 5 of 5
Councilmember Lundgren: Attended the Environmental Committee meeting, announced Farmer’s Market vendor meeting May 25th, 6:30 pm at the Library.
STAFF REPORTS AND ANNOUNCEMENTS
City Administrator Handt: Attended the Finance Committee meeting, beginning budgeting
process work, attended development meetings, worked on Verizon cell tower issues, attended Parks Commission meeting, met with cable commission representatives regarding franchise
renewal, addressed resident issues and reminded the Council of the Board of Appeals and
Equalization meeting.
City Clerk Johnson: Reported on work on the City website, Facebook page and weekly
FRESH email to help provide information to residents.
Finance Director Bendel: Sent out first quarter water bills, working on the 2016 bonding cycle.
City Attorney Sonsalla: Working on Inwood Developers Agreement, noise ordinance
amendments, warning siren easement, controlled burn agreement.
Planning Director Wensman: Addressed resident concerns regarding construction, comp plan
amendment, rezoning, developer interest.
City Engineer Griffin: Holding a joint open house Thursday 6:30 pm – 8:30 pm at Christ
Lutheran Church, preconstruction meetings and continuing erosion control enforcement.
Parliamentarian Wendt: Stated he is happy to take questions from the public about his work
and encouraged the public to contact him.
Meeting adjourned at 9:25 pm.
LAKE ELMO CITY COUNCIL ATTEST:
______________________________
Mike Pearson, Mayor _______________________________
Julie Johnson, City Clerk
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: May 3, 2016
CONSENT
ITEM # 4
AGENDA ITEM: Inwood Water Tower (No. 4) - Change Order No. 1
SUBMITTED BY: Chad Isakson, Project Engineer
THROUGH: Kristina Handt, 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. There is no change to the contract price for this change order.
SUMMARY AND ACTION REQUESTED:
The City Council is respectfully requested to consider approving, as part of the consent agenda,
Change Order No. 1 for the Inwood Water Tower (No. 4) Improvements, thereby amending the
construction contract to include SEH, Inc. as an additional insured party.
LEGISLATIVE HISTORY/BACKGROUND INFORMATION:
This change order amends the construction contract with CBI (the water tower contractor) to require the contractor to include the Design Engineer, SEH, as an additional insured party under the Contractor’s
insurance policy. This is a standard requirement for public improvement projects and the change order corrects a contract language oversight. The Contractor’s insurance policy already includes City of Lake Elmo and FOCUS Engineering as additional insured parties.
City Council Meeting [Consent Agenda Item XX]
May 3, 2016
-- page 2 --
RECOMMENDATION:
Staff is recommending that the City Council approve, as part of the consent agenda, Change Order No. 1 for the Inwood Water Tower (No. 4) Improvements, thereby amending the construction contract to require the Contractor, CBI, to add SEH, Inc. as an additional insured party. If removed from the consent
agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 1 for the Inwood Water Tower (No. 4) Improvements.”
ATTACHMENT(S):
1. Change Order No. 1
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: May 3, 2016
CONSENT
ITEM #5
AGENDA ITEM: Approve Lawful Gambling Premises Permit for Catholic Parent’s Club
SUBMITTED BY: Julie Johnson, City Clerk
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: City Attorney’s Office
POLICY RECOMMENDER: City Clerk
FISCAL IMPACT: City will receive 10% of net proceeds of the gambling operation.
SUMMARY AND ACTION REQUESTED: Catholic Parents Club is applying for a premises
permit to conduct pull tab sales from a staffed booth in the bar area of the Machine Shed Restaurant in Lake Elmo. The Council approved a premises permit at the April 19, 2016
meeting for the Oakdale Athletic Association to conduct pull tab sales at the Machine Shed but
has not taken action on this application. Catholic Parents Club has not withdrawn its application
and, therefore, the Council must take action within 90 days to approve or deny it. The City
Attorney has indicated that the premises permit is issued by the State, with a condition precedent for issuance being City approval. The application to the State also requires a copy of the lease
with the Machine Shed, so it will need to work out that detail with Catholic Parents Club if it
chooses to only allow Oakdale Athletic Association to sell pull tabs.
In order for the application to be considered by the Gambling Control Board, the City must pass a Resolution approving the application. The Gambling Control Board will then review the
application and supporting materials and approve or deny the application. The applicant will
then be required, per City ordinance, to provide additional documentation to the City prior to
beginning operations.
RECOMMENDATION: If removed from the Consent Agenda, staff recommends the
following motion:
“Motion to adopt Resolution 2016-26 Approving the Lawful Gambling Premises Permit for Catholic Parents Club to conduct lawful gambling at the Machine Shed Restaurant located at 8515 Hudson Road, Lake Elmo, Minnesota.”
477630v1 AMB LA515-1
CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2016-26 A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE CATHOLIC PARENTS CLUB TO CONDUCT LAWFUL
GAMBLING AT THE MACHINE SHED RESTAURANT LOCATED AT
8511 HUDSON ROAD, LAKE ELMO, MINNESOTA
WHEREAS, the Catholic Parents Club is submitting an application to the Minnesota
Gambling Control Board for approval of a Premises Permit application to conduct lawful
charitable gambling at the Machine Shed Restaurant at 8511 Hudson Road, Lake Elmo, MN; and
WHEREAS, the gambling premises is located within the City limits of Lake Elmo,
Minnesota; and
WHEREAS, the Catholic Parents Club is a lawful gambling organization within the City;
and
WHEREAS, the Catholic Parents Club will be responsible for operating and managing
the lawful gambling activity at the Machine Shed Restaurant site and will comply with all
applicable requirements of city code and state statutes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
Minnesota that the City Council does hereby approve the issuance of a Premises Permit to the
Catholic Parents Club to conduct lawful charitable gambling activities at the Machine Shed
Restaurant, 8511 Hudson Boulevard, Lake Elmo, Minnesota.
Adopted by the City Council of the City of Lake Elmo, Minnesota this 3rd day of May, 2016.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: 5/3/16 CONSENT ITEM # 6
RESOLUTION 2016-33
AGENDA ITEM: InWood 3rd Addition Developer’s Agreement -AMENDED SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsala, City Attorney
Cathy Bendel, Finance Director
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 third phase of the InWood development. The
Developer is requesting the amended Agreement due to allow credit for watermain and sanitary
sewer oversizing and to correct the allowed time to fully develop the site from two years to eight
as was approved with the first phase developers agreement.
FISCAL IMPACT Direct Payments to Developer: The agreement includes watermain and
sanitary sewer oversizing in the payment amount of $12,853. This payment would be made out
of the utility funds to the developer once the City accepts all of the public improvements. Future
financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after three years),
monthly lease payments for street lights, and other public financial responsibilities typically
associated with a new development.
City Council Meeting [Consent Agenda Item 6]
May 3, 2016
-- page 2 --
SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize
execution of a developer’s agreement as amended, for the third phase of the InWood Planned
Unit Development. The attached agreement has been reviewed by the City Staff, and all
recommend changes specific to the InWood 3rd Addition project have been incorporated into the document as drafted. This agreement must be executed before any construction activity, outside of the previously authorized grading work, may proceed on the site. The recommended motion
to take action on the request is as follows:
“Move to adopt Resolution 2016-33 approving the developer’s agreement for InWood 3rd Addition”
SUMMARY OF AGREEMENT: One of the conditions attached to the resolution approving
the InWood Final Plat and Plan specifies that the developer enter into a Developer’s Agreement
prior to the execution of the plat by City officials. Staff has drafted such an agreement consistent with the City’s developer’s agreement master template, and this document is attached for
consideration by the City Council. The key aspects of the agreement include the following
components:
• That all improvements to be completed by October 31, 2016.
• That the developer provide a letter of credit in the amount of $2,059,218 related to the
cost of the proposed improvements.
• That the developer provide a cash deposit of $454,643 for SAC and WAC charges,
engineering administration, one year of street light operating costs and other City fees.
• The Developer will receive a credit payment related to the oversizing of water main. The
developer is installing an oversized 12-inch pipe in order to accommodate the City’s
broader water system. The oversizing payment amount had been reviewed by the City Engineer and is $12,853. This payment would be made to the developer once all of the public improvements for the subdivision have been accepted by the City.
The City Engineer has construction plans for the project, however, the landscaping and irrigation
plans have not yet been approved and no building permits will be issued until these items are complete, consistent with the Final Plat and PUD approval. BACKGROUND INFORMATION (SWOT):
Strengths: The developer’s agreement has been drafted to guarantee that the improvements associated with the InWood 3rd Addition development plans will installed in accordance with City specifications.
Execution of the developer’s agreement and compliance with all conditions in the
agreement will allow the developer to record the Final Plat.
City Council Meeting [Consent Agenda Item 6]
May 3, 2016
-- page 3 --
Weaknesses: The City will assume responsibility for future maintenance of the public
improvements.
Opportunities: The proposed improvements will provide for infrastructure connections
to adjacent properties.
Threats: The City will need to provide construction observation throughout the course
of the project (these costs will be covered under an Engineering Administration Escrow).
RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City
Council approve the Developer’s Agreement for InWood 3rd Addition as amended 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 adopt Resolution 2016-33 approving the developer’s agreement for InWood 3rd
Addition”
ATTACHMENTS:
1. Resolution 2016-33
2. InWood 3rd Addition Developer’s Agreement – 4.27.16
CITY OF LAKE ELMOWASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-33
A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE INWOOD 3
RD
PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN
(“applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a
Final Plat for InWood 3rd Addition; and
WHEREAS, the Lake Elmo City Council considered and approved the InWood PUD General Concept Plan on September 16, 2014; and
WHEREAS, the Lake Elmo City Council approved the InWood Preliminary Plat and
Preliminary PUD Plan on December 2, 2014; and
WHEREAS,the Lake Elmo City Council adopted Resolution 2016-34 on April 19, 2019
approving the Final Plat and Final PUD for InWood 3
rd Addition; and
WHEREAS, a condition of approval of said Resolution 2016-__, establishes that , prior
to execution of the Final Plat by City officials, the Applicant shall enter into a Developer’s Agreement with the City; and
WHEREAS, the Applicant and the City have agreed to enter into such a contract and a
copy of the Developer’s Agreement was submitted to the City Council for consideration at its
April 19, 2016 meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Developer’s Agreement for InWood 3rd Addition and authorizes the mayor and city
Clerk to execute the document.
Passed and duly adopted this 3rd day of May, 2016 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
REV2: 12/15/2015 1
(reserved for recording information)
DEVELOPMENT CONTRACT
(Public sewer and water) InWood 3rd Addition
AGREEMENT dated , 2016, by and between the CITY OF LAKE
ELMO a Minnesota municipal corporation (“City”), and M/I Homes of Minneapolis/St. Paul,
LLC, a Delaware limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for InWood Third Addition (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: Outlot J, InWood. 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
REV2: 12/15/2015 2
parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has
been recorded with the Washington County Recorder's Office, and 4) the City’s Planning 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. If the 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 availability
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. If 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 eight (8) 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
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 - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
REV2: 12/15/2015 3
Plan C - Tree Preservation and Reforestation Plan Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Streets
B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping
K. Tree Preservation and Reforestation
L. Wetland Mitigation and Buffers
M. Monuments Required by Minnesota Statutes
N. Miscellaneous Facilities 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
REV2: 12/15/2015 4
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. At the time of Final Plat, the Developer shall submit an escrow for City Engineering
Administration and Construction Observation in an amount provided under paragraph 33. Summary of
Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of
receiving an invoice, for all engineering administration and construction observation performed during the
construction of the plat After 30 days of the invoice, the City may draw upon the escrow and stop the work
on site until said escrow has been replenished in its full amount. City engineering administration will include
monitoring of construction progress and construction observation, consultation with the Developer
and his engineer on status or problems regarding the project, coordination for testing, final inspection and
acceptance, project monitoring during the warranty period, and processing of requests for reduction in
security. Construction observation may be performed by the City's in-house staff or consulting engineer.
Construction observation shall include, at the discretion of the city, part or full time inspection of proposed
public utilities and street construction. Services will be billed on an hourly basis.
REV2: 12/15/2015 5
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. The 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. The 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 the Developer is thereby
created.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to:
A. Right-of-Way Excavations and Obstructions:
• City of Lake Elmo, Right-of-Way Utility Installation(s)
• City of Lake Elmo, Right-of-Way Obstruction(s)
• Washington County, Utility Installations(s)
• Washington County, Street or Driveway Access(s)
• Minnesota Department of Transportation, Utility Installation
• Minnesota Department of Transportation, Right-of-Way Permit
B. Watermain Extensions:
• Minnesota Department of Health C. Sanitary Sewer Extensions:
• Minnesota Pollution Control Agency
• Metropolitan Council Environmental Services
D. Stormwater Management:
• Valley Branch, Brown’s Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control:
• Minnesota Pollution Control Agency, General NPDES Stormwater Permit
• SWPPP (Stormwater Pollution Prevention Plan)
REV2: 12/15/2015 6
F. Wetland Mitigation:
• Board of Water and Soil Resources, WCA
G. Construction Dewatering:
• Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by October 31, 2016, with the exception of the final wear course of asphalt on
streets. The Developer shall install the bituminous wearing course of streets 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
Island Trail from 5th Street. No construction traffic is permitted on other adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
Developer to construct the improvements in a sequence which will allow progress and compliance points
to be measured and evaluated. The Developer and/or its 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.
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
REV2: 12/15/2015 7
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 the Engineering Design and
Construction Standards Manual. All grading shall be completed within the Subdivision prior to the
preparation and submittal of the as-constructed grading plan.
A. 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 ponds,
swales, and ditches have been constructed on public easements or land owned by the City. The "record"
plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b)
location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any,
ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads;
REV2: 12/15/2015 8
and d) top and bottom of retaining walls.
B. The City will not issue any building permits until the approved certified record
grading plan is on file with the City.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain,
and streets shall be installed in accordance with the approved Plans and Specifications for Public
Improvements, Plan "D". The plan shall conform to the City’s Engineering Design and Construction
Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, 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 shall 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. Warning signs shall be
placed when hazards develop in streets to prevent the public from traveling on same and to direct attention
to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the
event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface
and provide proper surface drainage to insure that the streets are passable to traffic and emergency
vehicles. The Developer shall be responsible for keeping streets 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
REV2: 12/15/2015 9
the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this
contract shall be approved by the City before grading is started. The contract shall provide that the City may
direct the contractor to clean the streets and the contractor will bill the Developer.
20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract, the improvements lying within public easements shall become City property.
Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete
set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City’s
Engineering Design and Construction Standards Manual together with the following affidavits:
- Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate
certifying that all construction has been completed in accordance with the terms of this Contract. All
necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon
review and verification by the City Engineer, the City Engineer will accept the completed public
improvements.
21. PARK DEDICATION. The Developer has previously satisfied park dedication
requirements for all the areas to be platted within the Inwood Preliminary Plat as part of the InWood
Development Contract. No fees in lieu of land dedication are required for the plat.
22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC)
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
$201,000.00. 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
REV2: 12/15/2015 10
$201,000.00.
In addition, a sewer connection charge in the amount of $1,000.00 per REU, a Met Council sewer
availability charge in the amount of $2,485.00 per REU, and a water connection charge in the amount of
$1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. 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 cost of street light installation
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developer shall post a security for street light installation consistent with the approved plan. The
required security is $48,000 and consist of eight (8) decorative acorn lights at $6,000 each. The Developer
shall also pay $1,518 in payment of the first year operating costs for street lights.
25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration
in accordance with the approved Plans and Specifications and in accordance with any applicable
Watershed or agency Permits. If the mitigation work is found to be incomplete or restoration is
unsuccessful the City may draw down the security at any time during the warranty period if the Developer
fails to take corrective measures to be used by the City to perform the work.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all
public and private streets prior to issuance of any building permits, except one model home on a lot
acceptable to the Planning 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.
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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, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
F. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and approved by the City
Engineer.
G. The City will not issue a certificate of occupancy for any building constructed on
any lot or parcel in the Plat 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 development phase.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that
work required by this Contract has been performed, the sums due them have not been paid, and the
laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the
City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit
the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to legal, planning,
engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the
REV2: 12/15/2015 12
preparation of this Contract, review of construction plans and documents, and all costs and expenses
incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at
the time, must be fully paid prior to execution and release of the final plat for recording.
C. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including reasonable engineering and attorneys' fees.
E. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall
be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will
provide copies of detailed invoices of the work performed.
28. CITY PAYMENTS. In the event City payments are required by Section 28.A below, within
thirty (30) days of the City’s final acceptance of the Improvements, pursuant to Section 20 of the Contract,
but only if the Developer is not in default to this Contract, the City shall pay to the Developer the sums set
forth in the attachment to this Contract as Exhibit A. The actual amount of the reimbursement shall be
based on actual construction costs which will be verified by the Developer to the City in the Record Plans
submitted to the City as required in Section 20. This payment by the City shall be the City’s only
responsibility with regard to construction of the Improvements and in no case shall act as a waiver of any
other right of the City under this Contract or under applicable laws, ordinances or rules.
REV2: 12/15/2015 13
A. City payments pursuant to this Contract shall be: $12,853.00
29. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Implementation of the recommendations listed in the March 10, 2016
Engineering memorandum.
B. After the City signs the final plat and the plat is recorded, and before building
permits are issued, the Developer shall convey Outlots C, D, and E to the City by warranty deed, free and
clear of any and all encumbrances. These areas represent storm water infiltration basins or land to be used
for park purposes.
C. The Developer must obtain a sign permit from the City Planning Department prior to
installation of any subdivision identification signs.
30. MISCELLANEOUS.
A. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
B. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls identified on the development plans or by special conditions referred to in
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
C. Appropriate legal documents regarding Homeowner Association documents,
covenants and restrictions, as approved by the City Attorney, shall be filed with the final plat. No third-
party beneficiary is hereby conferred.
D. Developer shall take out and maintain or cause to be taken out and maintained until
REV2: 12/15/2015 14
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City
signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written
notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Contract.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer has fee
title to the property being final platted and/or has obtained consents to this Contract, in the form attached
hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the
property being final platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
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
REV2: 12/15/2015 15
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
J. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City’s demand, the Developer shall cease work until there is compliance.
31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement
and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the
following events:
A. Subject to unavoidable delays, failure by Developer to commence and complete
construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement.
B. Failure by the Developer to substantially observe or perform any material
covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement.
32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to
any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed
instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from the Developer, deemed adequate by the City, that the Developer will cure its
default and continue its 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 Developer, or immediately draw on the Letter of Credit, as set forth in this
Agreement.
33. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the
REV2: 12/15/2015 16
City to enforce the terms of this Agreement against the Developer, by action for specific performance or
damages, or both, or by any other legally authorized means. The Developer also acknowledges that its
failure to perform any or all of its obligations under this Agreement may result in substantial damages to
the City; that in the event of default by the Developer, the City may commence legal action to recover all
damages, losses and expenses sustained by the City; and that such expenses may include, but are not
limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
34. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit a letter
of credit for twenty-five percent (25%) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City acceptance
of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be 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
following installation.
35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this agreement, payment of special assessments, payment of the costs of all public improvements,
and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of
credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of
Credit ("security") for $2,059,218. The amount of the security was calculated as follows:
CONSTRUCTION CATEGORY: COST 125%
REV2: 12/15/2015 17
1. Grading N/A
2. Sanitary Sewer
$227,278 $346,598
3. Watermain
$315,803 $394,754
4. Storm Sewer (includes pond structures and outfall pipes)
$254,543 $318,179
5. Streets $501,150 $626,438
6. Trails/Sidewalks $80,290 $100,363
7. Surface Water Facilities (infiltration basins,
bio retention basins, rain gardens, etc.)
Included in Grading Agreement
8. Street Lighting $48,000 $60,000
9. Street Signs and Traffic Control Signs
$7,010 $8,763
10. Private Utilities (electricity, natural gas, telephone and cable) Installation to be coordinated by the Developer
11. Landscaping
$151,500 $ 189,375
12. Tree Preservation and Restoration
Included in Grading Agreement
13. Wetland Mitigation and Buffers N/A
14. Monuments
$6,800 $8,500
15. Erosion and Sedimentation Control
Included in Grading Agreement
16. Miscellaneous Facilities N/A
17. Developer’s Record Drawings $5,000 $6,250 CONSTRUCTION SUBTOTAL $ 1,647,374 N/A
TOTAL PROJECT SECURITIES (at 125% Construction Costs) N/A $ 2,059,218
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
REV2: 12/15/2015 18
be used to cure the default.
36. REDUCTION OF SECURITY. Upon written request by the Developer to the City Engineer
and upon receipt of proof satisfactory to the City Engineer that work has been completed in
accordance with the approved plans and specifications, and terms of this Agreement, and
that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in
the security as follows:
A. Upon completion of grading operations, including temporary site restoration,
Developer shall submit an as-built grading survey to the City that at a minimum establishes the as-built
grades at all lot corners and downstream drainage conveyance systems and storm water ponds. Upon
inspection of the site and approval of the as-built survey, 100%, or $0.00, of the grading security may be
released. This security reduction does not include amounts related to erosion and sedimentation control.
B. Up to 75% of the security provided in accordance with paragraph 34 may be
released upon completion of the following key milestones of the project as determined by the City
Engineer.
C. Construction Categories 2 and 3: The amount of $556,013 may be released when
all sanitary sewer and watermain utilities have been installed, all testing and televising has been
successfully completed, sanitary sewer as-built inverts have been verified, and the utilities are
considered ready for use by the City Engineer.
D. Construction Categories 4 and 5: The amount of $708,462 may be released when
all streets and storm sewer have been installed and tested, and have been found to be complete to the
satisfaction of the City Engineer including all corrective work for any identified punch list items and
including verification of storm sewer as-built inverts, but not including the final wear course.
E. Construction Categories 6-17: The amount of $279,938 may be released when all
remaining Developer’s obligations under this Agreement have been completed including: (1) bituminous
wear course, (2) street lighting and private utilities, (3) sidewalks and trails, (4) bio retention facilities, (5)
iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4)
the required "record" plans in the form of the City standards have been received and approved by the
REV2: 12/15/2015 19
City, and (5) the public improvements are accepted by the City Engineer and City Council.
F. At no point may the Security be reduced below twenty-five percent (25%) of the
original security amount until: (1) the warranty period has expired, (2) all improvements have been fully
completed and excepted by the City, including all corrective work and identified punch list items, and (3)
all financial obligations to the City have been satisfied.
G. In addition to the above project milestone based security reductions, the Developer
may submit written request to the City Engineer and upon receipt of proof satisfactory to the City
Engineer that work is progressing in accordance with the approved plans and specifications,
and terms of this Agreement, and that all financial obligations to the City have been satisfied, the
City Engineer may approve a one-time reduction in the security for Construction Categories 2-5 in an amount
not to exceed fifty percent (50%) of the initial security amounts.
H. It is the intention of the parties that the City at all times have available to it a Letter
of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements
and other obligations of the Developer under this Agreement, including fees or costs due to the City by
the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the
Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that
principle.
36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City at the time of final plat approval:
Sewer Availability Charge (SAC) $201,000
Water Availability Charge (WAC) $201,000
Park Dedication N/A Street Light Operating Fee $1,518
City Base Map Upgrading $1,125
City Engineering Administration Escrow $50,000
TOTAL CASH REQUIREMENTS $454,643
37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
REV2: 12/15/2015 20
following address: Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN 55432. Notices to
the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City
by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800
Laverne Avenue N. Lake Elmo, Minnesota 55042.
38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of
the property being platted by way of an attorney’s title opinion or title insurance policy dated not earlier than
thirty (30) days prior to the execution of the plat.
CITY OF LAKE ELMO (SEAL)
BY: Mike Pearson, Mayor
REV2: 12/15/2015 21
AND
Julie Johnson, City Clerk DEVELOPER:
BY: Its
STATE OF MINNESOTA )
( ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of ,
2016, by Mike Pearson and by Julie Johnson, 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
, 2016, by the
of .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
REV2: 12/15/2015 22
FEE OWNER CONSENT
TO DEVELOPMENT CONTRACT
Inwood 10, LLC, 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 , 2016.
STATE OF MINNESOTA ) ( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2016,
by .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
REV2: 12/15/2015 23
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
REV2: 12/15/2015 24
CONTRACT PURCHASER CONSENT
TO DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to
be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest.
Dated this day of , 2016.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of _,
2016, by .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
REV2: 12/15/2015 25
EXHIBIT “A” TO
DEVELOPMENT CONTRACT
City Payment for Utility Oversizing
REV2: 12/15/2015 26
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.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 , of (Name of Bank) ";
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_ _. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake
Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation.
BY:
Its
MAYOR AND COUNCIL COMMUNICATION
DATE: May 3, 2016
CONSENT
ITEM #: 8
MOTION
AGENDA ITEM: Kevin Magnuson LLC Engagement Letter
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: The Council previously met with Kevin Magnuson regarding a potential litigation matter.
ISSUE BEFORE COUNCIL: Should the Council engage Kevin Magnuson LLC for services as outlined in the scope of work?
PROPOSAL DETAILS/ANALYSIS:
A copy of the engagement letter, scope of work and standard client billing policy is included in
your packet. It has also been reviewed by the City’s legal counsel.
FISCAL IMPACT: Fee is $200/hour
OPTIONS: 1) Approve Kevin Magnuson LLC Engagement Letter
2) Amend and then approve Kevin Magnuson Engagement Letter
3) Do not approve an engagement letter with Kevin Magnuson LLC
RECOMMENDATION: Option 1
1
478849v1 LA515-9
SIXTH AMENDED TOLLING AGREEMENT
BETWEEN CITY OF LAKE ELMO
AND
3M COMPANY
WHEREAS, City of Lake Elmo ("Lake Elmo") has asserted claims ("Claims") against 3M
Company ("3M"), arising out of 3M's alleged disposal of PFC-containing wastes in and/or around
Washington County, Minnesota.
WHEREAS, 3M and Lake Elmo desire to enter into a Tolling Agreement tolling any statute
of limitations through and including August 1, 2016.
NOW, THEREFORE, for and in consideration of the premises, mutual covenants, and agreement
herein contained, and such other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, 3M and Lake Elmo covenant and agree as follows:
1. 3M and Lake Elmo hereby agree to toll the running of any applicable statute of limitations
relating to the Claims through and including August 1, 2016 ("Tolling Period"), and agree not to assert
any defense of limitations, laches, or estoppel by laches, or other bar which might arise by virtue of the
passage of time as a defense with respect to any action, proceeding, lawsuit, or demand, such that the
passage of time that occurs during the Tolling Period will not be counted for the purpose of any
statute of limitations, laches, or estoppel by laches defense or any other bar related to the passage of
time.
2. Nothing in this Agreement shall be deemed to revive any claim that is or may already be
barred as of the date of this tolling agreement. Nothing in this Agreement, or in the circumstances which
gave rise to this Agreement shall be construed as an acknowledgement by any party that any claim
2
478849v1 LA515-9
has or has not been barred, or is about to be barred, by the statute of limitations, laches, or other
defense based on the lapse of time.
3. This Agreement shall not operate as an admission of liability by any party. Neither
this Agreement nor any action taken pursuant to this agreement shall be offered or received in
evidence in any action or proceeding as an admission of liability of wrongdoings by any party.
4. 3M and Lake Elmo further agree that, except as expressly provided herein, all of their
respective rights and remedies are expressly reserved and shall not be prejudiced hereby.
5. Any party to this Agreement may terminate it by giving ten (10) days' written notice to
the other sent by electronic mail and registered mail, return receipt requested, at the following
addresses:
If to 3M:
Mary E. Cullen
Associate General Counsel
Global Litigation & Dispute Resolution 3M Office
of General Counsel
3M Center, Bldg. 10E-03
Mail Station 2209E-02, P.O. Box 33428
St. Paul, MN 55133-3428
meyeager@mmm.com
and
William A. Brewer III
Brewer, Attorneys & Counselors 1717 Main
Street, Suite 5900
Dallas, Texas 75201
wab@bickelbrewer.com
If to Lake Elmo:
Kristina Handt, City Administrator
City of Lake Elmo
3800 Laverne Ave. N
Lake Elmo, MN 55042-9629
3
478849v1 LA515-9
and
Douglas D. Shaftel
Peter G Mikhail
470 U.S. Bank Plaza
200 S. Sixth Street
Minneapolis, MN 55402
dshaftel@kennedy-graven.com
pmikhail@kennedy-graven.com
6. This Agreement is not intended to benefit persons other than the parties to this
Agreement.
7. This Agreement shall be governed by the substantive laws of the State of
Minnesota.
8. This Agreement contains the entire agreement of the parties; and with respect to the
subject matter hereof, it may not be modified in any way except by written consent of all parties.
9. This Agreement may be executed in counterpart originals, in which case each such
document will be deemed to be an original; each Party will deliver to the other an executed copy of
this Agreement.
10. This agreement shall be effective on April 27, 2016. This agreement must be approved
by the City Council and the next City Council meeting will take place on May 3, 2016. That Lake
Elmo’s representative has executed this agreement after May 1, 2016, the expiration of the FIFTH
AMENDED TOLLING AGREEMENT shall not alter the terms of this Agreement.
IN WITNESS WHEREOF, this Tolling Agreement has been executed by the
undersigned.
4
478849v1 LA515-9
By: ________________________________________ Date:___________, 2016
Authorized representative of 3M Company
By: ________________________________________ Date:___________, 2016
Authorized representative of City of Lake Elmo
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: May 3, 2016
REGULAR
ITEM 10
AGENDA ITEM: Old Village Phase 2 Street, Drainage 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: Kristina Handt, City Administrator
REVIEWED BY: Julie Johnson, City Clerk
Cathy Bendel, Finance Director
Chad J. Isakson, Project Engineer
Sarah Sonsalla, 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: $8,445,985. The Old Village Phase 2 Street, Drainage and Utility Improvements is a $8.45 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.
City Council Meeting [Regular Agenda Item 10]
May 3, 2016
-- page 2 --
SUMMARY AND ACTION REQUESTED:
The City Council is respectfully requested to open the Public Improvement Hearing for the Old
Village Phase 2 Street, Drainage and Utility Improvements; and following the Hearing, consider adopting Resolution No. 2016-37, ordering the improvement for the Old Village Phase 2 Street, Drainage and Utility Improvements and providing Municipal Concurrence for Washington
County to Award a Contract.
LEGISLATIVE HISTORY:
Pursuant to Minnesota Statutes, Section 429.011 to 429.111, a Public Improvement Hearing was
noticed for May 3, 2016, to consider making street, drainage and utility improvements for the
following corridors:
• 30th Street North, from the Lake Elmo Avenue to Lisbon Avenue North.
• Lake Elmo Avenue North from 500-feet south of 30th Street North to CSAH 14.
• 34th Street from Lake Elmo Avenue to 150-feet west
• 35th Street from Lake Elmo Avenue to the dead end
• 36th Street from Lake Elmo Avenue to 200-feet west 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 the streets as described
above.
The estimated total project post-bid cost is $8,445,958. The estimated total cost of the street and
drainage improvements are $5,192,354; sanitary sewer improvements are $1,204,385; landscape
and streetscape improvements are $267,648; regional drainage improvements are $208,759; and
water system improvements are $1,572,812. 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.
The street, drainage, landscape, and streetscape 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 residential equivalent unit method. The remainder of the proposed project costs are proposed to be paid through a combination of municipal state aid funds, water
enterprise funds, 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 presented in the Feasibility Report.
City Council Meeting [Regular Agenda Item 10]
May 3, 2016
-- page 3 --
BACKGROUND INFORMATION:
A feasibility report was authorized by the City Council on February 2, 2016 in order to ready these improvements for 2016 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. 2016-37, ordering the
improvement for the Old Village Phase 2 Street, Drainage and Utility Improvements as detailed in the Feasibility Report dated as amended May 2016 and providing Municipal Concurrence for
Washington County to Award a Contract. This resolution must be approved by a 4/5th’s vote.
The recommended motion for this action is as follows:
“Move to adopt Resolution No. 2016-37, ordering the improvement for the Old Village Phase 2 Street, Drainage and Utility Improvements as detailed in the Feasibility Report as amended May 2016 and providing Municipal Concurrence for Washington County to Award a Contract.”
ATTACHMENT(S):
1. Resolution 2016-37 Ordering the Improvement and providing Municipal Concurrence 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.
Resolution No. 2016-37 1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-37
A RESOLUTION ORDERING THE IMPROVEMENT FOR THE
OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS AND PROVIDING MUNICIPAL CONCURRENCE FOR WASHINGTON COUNTY TO AWARD A CONTRACT
WHEREAS, pursuant a resolution of the city council adopted on April 5, 2016, the council ordered a hearing on Improvement for the Old Village Phase 2 Street, Drainage and Utility Improvements; and
WHEREAS, ten days’ mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 3rd day of May, 2016, at which all persons desiring to be heard
were given the opportunity to be heard thereon; and
WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated March 2016
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
April 5, 2016, 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 Feasibility Report dated March 2016 and amended May 2016.
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 3rd day of May, 2016.
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.
Resolution No. 2016-37 2
6. 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 BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF MAY, 2016.
CITY OF LAKE ELMO
By: __________________________ Mike Pearson
Mayor
(Seal) ATTEST:
________________________________ Julie Johnson
City Clerk
CITY OF LAKE ELMO
NOTICE OF HEARING ON IMPROVEMENT
OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will meet in the council
chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, May 3, 2016,
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 Lake
Elmo Avenue from 500 feet south of 30th Street North to CSAH 14 and 30th
Street from Lake Elmo Avenue to Lisbon Avenue North, 34th Street from Lake
Elmo Avenue to 150-feet west, 35th Street from Lake Elmo Avenue to the dead
end, and 36th Street from Lake Elmo Avenue to 200-feet west. 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 sidewalk installation.
The sanitary sewer improvements include the extension of existing sanitary sewer along Lake Elmo Avenue from 500 feet south of 30th Street North to CSAH 14
and 30th Street from Lake Elmo Avenue to 200 feet east of Legion Avenue, 34th
Street from Lake Elmo Avenue to 150-feet west, 35th Street from Lake Elmo
Avenue to the dead end, and 36th Street from Lake Elmo Avenue to 200-feet
west. 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 Lake Elmo Avenue, 30th Street, 34th Street, 35th Street, and 36th Street as
detailed above.
The total estimated project cost for the Phase 2 improvements is $9,312,677. The
estimated total cost of the street and landscape improvements are $5,810,611, sanitary
sewer improvements are $1,436,740, streetscape improvements are $81,000, regional
drainage improvements are $254,016, and water system improvements are $1,730,310. 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: April 5, 2016
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
(Published in the Oakdale-Lake Elmo Review on April 13, 2016 and April 20, 2016)
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PROJECT SCHEDULE
CITY OF LAK ELMO
OLD VILLAGE PHASE 2: STREET, DRAINAGE
AND UTILITY IMPROVEMENTS
PROJECT NO. 2016.124
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
MARCH 2016
FEBRUARY 5, 2015 Council approves Phase 2 Municipal Consent. County proceeds with Final Design.
FEBRUARY 2, 2016 Council authorizes the preparation of the Phase 2 Feasibility Report.
FEBRAURY 16, 2016 County presents final plans and specifications. No formal action required.
MARCH, 2016 County posts advertisement for bid.
APRIL 5, 2016 Council accepts Report; and adopts project assessment policy. Calls Public
Improvement Hearing.
APRIL 5, 2016 County Accepts Contractor Bids.
APRIL 8, 2016 Notice of Public Hearing (Publish April 13 and April 20, 2016).
MAY 3, 2016 Public Improvement Hearing. Council approves “Concurrence” to award contract.
Council Orders the Improvement for the Old Village Phase 2: Street, Drainage, and
Utility Improvements (Requires 4/5th vote).
MAY, 2016 Start of Phase 2 Construction.
NOVEMBER, 2016 Substantial Completion.
JULY, 2017 Final Completion.
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: May 3, 2016
REGULAR
ITEM 11
AGENDA ITEM: CSAH 17 (Lake Elmo Avenue) Phase 1 and 2 Improvements – Resolution
Approving Revised Cooperative Agreement with Washington County
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Cathy Bendel, Finance Director Sarah Sonsalla, City Attorney
Chad J. Isakson, Project Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ...................................................................... City Engineer
- Report/Presentation ...................................................... County Project Manager
- 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:
The City Council is respectfully requested to consider a Resolution Approving a Revised Cooperative Agreement with Washington County for the County State Aid Highway 17 (Lake Elmo Avenue) Phase 1
and 2 Improvements. LEGISLATIVE HISTORY:
Using updated cost data, including an “Estimate-to-Completion” for the Phase 1 Improvements, and
contractor bids for the Phase 2 Improvements, Washington County has prepared Cooperative Agreement 10196 and is asking the Council to approve the Agreement with the intent of replacing the previous
Cooperative Agreement 9660.
The Cooperative Agreement sets forth the provisions that authorizes the County to implement the
improvements including engineering design, construction administration, testing, right-of-way and easement acquisition, including the use of eminent domain, and retaining a contractor for project construction. The Agreement further outlines the City’s obligations for cost participation including
City Council Meeting [Regular Agenda Item 11]
May 3, 2016
-- page 2 --
payment terms and schedule. The costs remain estimated for the purpose of the Cooperative Agreement,
however the costs are much better known at this time after receiving contractor bids for all improvements
and with the Phase 1 construction and easement/right-of-way acquisition close to being completed.
Representatives from Washington County intend to be present at the Council meeting to be available to
further detail requested changes and to answer any questions.
BACKGROUND:
The City Council approved a resolution of support for the County State Aid Highway 17 (Lake Elmo Avenue) Phase 1 Improvements at the February 5, 2015 council meeting, and approved concurrence to
award a construction contract following a public improvement hearing held on June 9, 2015. Also at the June 9, 2015 meeting, the City Council approved Cooperative Agreement 9660 with Washington County to authorize the County to implement the improvements. The costs were estimated for the purpose of the
Cooperative Agreement, based on contractor bid prices for the Phase 1 Improvements, preliminary design estimates for the Phase 2 Improvements, and estimated costs for design, construction administration and
oversight, and estimated easement/right-of-way acquisition costs.
The City Council approved a resolution of support for the preliminary layout for the County State Aid
Highway 17 (Lake Elmo Avenue) Phase 2 Improvements at the April 21, 2015 council meeting.
Washington County and its design consultant, SEH, then proceeded with the final design which was presented to the Council at the February 16, 2016 council meeting. The project was then advertised for
bids with contractor bids being received on April 5, 2016.
RECOMMENDATION:
Staff is recommending that the City Council approve Resolution 2016-XX Approving a Revised Cooperative Agreement with Washington County for the State Aid Highway 17 (Lake Elmo Avenue) Phase 1 and 2 Improvements. The recommended motion for the action is as follows:
“Move to approve Resolution No. 2016-36 approving Cooperative Agreement 10196 with Washington County for the County State Aid Highway 17 (Lake Elmo Avenue) Phase 1 and 2 Improvements.”
ATTACHMENT(S):
1. Resolution Approving Cooperative Agreement 10196.
2. Cooperative Agreement 10196.
3. Exhibit A – Project Location Map.
4. Exhibit B – CSAH 17 Phase 1 Costs.
5. Exhibit C – CSAH 17 Phase 2 Costs.
Resolution No. 2016-36 1
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-36
A RESOLUTION APPROVING COOPERATIVE AGREEMENT 10196
WITH WASHINGTON COUNTY FOR THE COUNTY STATE AID
HIGHWAY 17 (LAKE ELMO AVE) PHASE 1 AND 2 IMPROVEMENTS
WHEREAS, the County intends to construct an improvement project on both County State Aid
Highway (CSAH) 10 and County State Aid Highway (CSAH) 15 in the City of Lake Elmo, hereinafter referred to as the “Project”; and
WHEREAS, the County reconstructed in 2015, as Phase 1 of this project, a portion of the City streets; Upper 33rd Street North, 36th Street North, and Laverne Avenue in downtown Lake Elmo as shown on Exhibit A; and
WHEREAS, the County intends to reconstruct in 2016, as Phase 2 of this project, CSAH 17 (Lake Elmo Avenue) from Trunk Highway (TH) 5 to 30th Street, a portion of 30th Street North in the
downtown Lake Elmo, 36th Street west of CSAH 17, 35th Street west of CSAH 17, and 34th Street west of CSAH 17 as shown on Exhibit A; and
WHEREAS, the right of way, preliminary design, final design, construction inspection/administration and construction cost estimates for Phase 1 have been prepared by the County
and the City will participate in these costs as summarized in Section F of this cooperative agreement; and
WHEREAS, the right of way, preliminary design, final design, construction
inspection/administration and construction cost estimates for Phase 2 has been prepared by the County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and
WHEREAS, the City desires to use local and state aid funds for these improvements, the State Aid Project number for Laverne Ave is SAP 201-106-001, the City Project number is 2014-137, the State Aid
Project number for 30th Street is SAP 206-108-002; and WHEREAS, the County desires to use local and state aid funds for these improvements, the State
Aid Project number for CSAH 17 (Lake Elmo Avenue) is SAP 082-617-007 and 082-617-013; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to
facilitate the right of way acquisition, preliminary and final design, construction inspection/administration and construction cost; and
WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59.
NOW, THEREFORE, BE IT RESOLVED,
Resolution No. 2016-36 2
1. That Cooperative Agreement 10196 between the City of Lake Elmo and Washington County is
hereby approved and the Mayor and City Administrator are hereby authorized execute the
agreement on behalf of the City of Lake Elmo.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF MAY, 2016.
CITY OF LAKE ELMO By: __________________________
Mike Pearson Mayor (Seal)
ATTEST: ________________________________
Julie Johnson City Clerk
Page 1 of 8
WASHINGTON COUNTY
CONTRACT NO. 10196
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM SIGNATURE - COMPLETION
COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY FOR RIGHT OF WAY, PRELIMINARY DESIGN, FINAL DESIGN, CONSTRUCTION INSPECTION/ADMINISTRATION AND CONSTRUCTION COSTS FOR COUNTY STATE AID HIGHWAY (CSAH) 17COUNTY STATE AID HIGHWAY (CSAH 17) PHASES I & II
THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County”, shall consist of this agreement, Exhibit A (Project Location Map), Exhibit B (Phase 1 Costs), and Exhibit C (Phase 2 Costs), “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects” which is incorporated into this agreement by reference.. WITNESSETH: WHEREAS, the County intends to reconstructed in 2015, as Phase 1 of this project, a portion of the City streets; Upper 33rd Street North, 36th Street North, and Laverne Avenue in downtown Lake Elmo as shown on Exhibit A; and
WHEREAS, the County intends to reconstruct in 2016, as Phase 2 of this project, CSAH 17 (Lake Elmo
Avenue) from Trunk Highway (TH) 5County State Aid Highway 14 (Old Trunk Highway 5) to 30th Street and a portion of 30th Street North, 36th Street west of CSAH 17, 35th Street west of CSAH 17, and 34th Street west of CSAH 17 in the downtown Lake Elmo as shown on Exhibit A; and WHEREAS, the right of way, preliminary design, final design, construction inspection/administration and construction cost estimates for Phase 1 have been prepared by the County and the City will
participate in these costs as summarized in Section F of this cooperative agreement; and
WHEREAS, the right of way, preliminary design, final design, construction inspection/administration and construction cost estimates for Phase 2 has been prepared by the County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and WHEREAS, the City desires to use local and state aid funds for these improvements, the State Aid
Project number for Laverne Ave is SAP 201-106-001, the City Project number for 36th Street is 2014-
137, the State Aid Project number for 30th Street is SAP 206-108-002; and WHEREAS, the County desires to use local and state aid funds for these improvements, the State Aid Project number for CSAH 17 (Lake Elmo Avenue) is SAP 082-617-007, and 082-617-013; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
right of way acquisition, preliminary and final design, construction inspection/administration and
construction cost; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
A. PURPOSE 1. The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein.
Page 2 of 8
2. The Parties agree that his Agreement No. 10196contract terminates and supersedes Cooperative Agreement No. 9660 between the Parties, dated June 23, 2015 which superseded and terminated Cooperative Agreement No. 9155 between the Parties, dated December 16, 2014. B. PLANS AND SPECIFICATION PREPARATION
The County ’s contracted consultant shall be responsible for the preparation of the necessary plans and specifications, including compliance with Minnesota State Aid requirements and all other applicable standards and policies and obtaining all approvals required in arriving at the bid specifications for all components of this project. C. RIGHT OF WAY AND EASEMENTS
1. The County shall acquire all permanent right-of-way, permanent easements, and temporary construction easements. All permanent rights-of-way, permanent easements, and temporary construction easements will be acquired in the name of the County. 2. Any rights-of-way, permanent easements, and temporary construction easements that cannot
be obtained through negotiation will be acquired by the County through eminent domain
proceedings. 3. Upon completion of the project, title to permanent right-of-way for and adjacent to City streets and permanent easements for storm water storage and water quality treatment within the City will be conveyed to the City. D. ADVERTISEMENT AND AWARD OF CONTRACT 1. After plans and specifications for all components of this project have been approved, all permits and approvals have been obtained, and any necessary rights-of-way and easements have been acquired, the County shall advertise for construction bids or quotes. 2. Once bids are received, the City will be given the opportunity to review and evaluate the bid and
provide City Council concurrence on the approval of the bids. Once City concurrence is
provided, the County shall award the contract to the lowest responsible bidder. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING
1. Construction administration, inspection, observation, and testing for the project will be performed by the County’s contracted consultant. and will be paid for under the construction
inspection/administration contract. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS 1. The estimated cost participation breakdown is in accordance with “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”, which is incorporated into this agreement by reference. the REVISED DRAFT “Cost Participation Policy for Projects Constructed in Washington County Using State Aid Funds or Local Tax Levy
Dollars” dated September 30, 2014.
RIGHT OF WAY & EASEMENTS 2.1. The City shall pay to the County 100 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary slope easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for roadway, utility, and drainage construction work
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Page 3 of 8
on 30th Street North, Upper 33rd Street North, 35th Street North, 36th Street North, and Laverne Avenue. 3. The City shall pay to the County 50 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary slope easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for construction work on the regional drainage pond.
2. 4.3. The City shall pay to the County 55 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary construction easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for roadway, utility, and drainage construction work along CSAH 17 (Lake Elmo Avenue), from 30th Street North to CSAH 14MN
Highway 5. 5.4. Actual right of way costs shall be determined at the conclusion of the acquisition process. The City shall be responsible to pay for the actual costs of the aforementioned acquisition costs. The final costs for construction will be based on actual unit prices and quantities used on each phase. in accordance with this agreement.
DESIGN, CONSTRUCTION INSPECTION/ADMINISTRATION SERVICES, & CONSTRUCTION COSTS 6.1. The City shall pay the County 91.2 percent of the cost invoiced to the County from the County’s consultant for PRELIMINARY DESIGN of Phase 1 of the project. The City shall pay the County 65.656.1 percent of the cost invoiced to the County from the County’s consultant for PRELIMINARY DESIGN of Phase 2 of the project.
7.2. The City shall pay the County 91.2 percent of the cost invoiced to the County from the County’s consultant for FINAL DESIGN of Phase 1 of the project. The City shall pay the County 65.656.1 percent of the cost invoiced to the County from the County’s consultant for FINAL DESIGN of Phase 2 of the project. 8.3. The City shall pay the County 91.2 percent of the cost invoiced to the County from the
County’s consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 1 of
the project. The City shall pay the County 65.656.1 percent of the cost invoiced to the County from the County’s consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 2 of the project. 4. The City shall pay the County an estimated 91.2 percent of the CONSTRUCTION COSTS for Phase 1 of the project as shown in Exhibit B. The City shall pay the County an estimated
65.656.1 percent of the CONSTRUCTION COSTS for Phase 2 of the project as shown in
Exhibit C. These percentages are subject to change based on actual construction costs. A Total Cost Summary is presented on Table 1. 9.5. The final costs for construction will be based on actual unit prices and quantities used on each phase.
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Page 4 of 8
TABLE 1 – TOTAL COST SUMMARY
PHASE 1 COUNTY COST ESTIMATE
CITY COST ESTIMATE
TOTAL COST ESTIMATE
Right-of-Way and Easements
Upper 33rd St. N, 36th St. N., and Laverne Ave (100% City Cost) N/AN/A $91,902.00$80,693.00 $91,902.00$80,693.00
Regional Drainage Pond (50% City Cost) $577,095.00$217,037.00 $577,095.00$217,037.00 $1,154,190.00$434,074.00
Preliminary Design (91.2% City Cost) $11,844.00$11,844.00 $119,756.00$119,756.00 $131,600.00$131,600.00
Final Design (91.2% City Cost) $21,011.00$21,011.00 $212,449.00$212,448.00 $233,460.00$233,460.00
MultiVista Photos $5,960.00 N/A $5,960.00
Precondition Survey (91.2% City Cost) $2,388.00 $24,745.00 $27,133.00
Construction Inspection/ Administration (91.2% City Cost)Construction
Inspection/ Administration (91.2% City
Cost)
$26,568.00$26,5
68.00
$268,632.00$268,6
32.00
$295,200.00$295,2
00.00
Construction (est. 91.2% City Cost)Construction (91.2% City Cost) $406,266.00$394,976.00 $4,262,335.00$4,054,523.00 $4,668,601.00$4,449,499.00 Phase 1 Total CostsPhase 1 Total Costs $1,051,132.00$671,436.00 $5,556,914.00$4,953,090.00 $6,608,046.00$5,624,526.00
PHASE 2 COUNTY COST ESTIMATE CITY COST ESTIMATE TOTAL COST ESTIMATE
Right-of-Way and Easements
CSAH 17 ( Lake Elmo Ave) (55% City Cost) $128,142.00$128,142.00 $156,618.00$156,618.00 $284,760.00$284,760.00
30th St. N. (100% City Cost) N/AN/A $147,550.00$147,550.00 $147,550.00$147,550.00
35th St. N. & 36th St N. (100% City Cost) N/A $55,000.00 $55,000.00
Preliminary Design (56.1% City Cost)Preliminary Design (65.6% City Cost)
$83,147.00$65,154.00 $106,253.00$124,246.00 $189,400.00$189,400.00
Final Design (56.1% City Cost)Final Design (65.6% City Cost) $202,379.00$119,368.00 $258,621.00$227,632.00 $461,000.00$347,000.00
Precondition Survey Estimated
CostConstruction Inspection/
Administration (65.6% City Cost)
$17,173.00$67,080.00 $10,000.00$127,920.00 $27,173.00$195,000.00
Construction Inspection/ Administration (56.1% City Cost)Construction (65.6% City Cost)
$253,830.00$1,586,027.00 $324,370.00$3,037,394.00 $578,200.00$4,623,421.00
Construction (est. 56.1% City Cost) $2,703,607.00 $3,458,439.00 $6,162,046.00
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% Construction Contingency (est. 56.1% City Cost) $189,252.00 $242,091.00 $431,343.00
Phase 2 Total Costs $3,577,530.00$1,965,771.00 $4,758,942.00$3,821,360.00 $8,336,472.00$5,787,131.00
Total Project Costs $4,628,662.00$2,637,207.00 $10,315,856.00$8,774,450.00 $14,944,518.00$11,411,657.00
G. PAYMENT
1. After the County has awarded the construction contract for Phase 2, Exhibit C will be updated to
reflect the actual contractor’s unit prices and will submit a copy of the revised summary to the City. 1. Right of way, preliminary design, final design, construction inspection/administration and construction costs for the City’s cost share of Phase 1 and 2 projects shall be invoiced by the County to the City with no interest. The payment due dates are presented on Table 2.
2. TABLE 2 – PAYMENT DUE DATESDate Percentage Estimated Payment
January 15th, 2016 - PAID 10% of Estimated Phase 1 Total City Cost $498,866.35$495,309.00
June 15th, 2016 Remaining Estimated Phase 1 Total City Cost90% of Estimated Phase 1 Total City Cost $5,058,047.65*$4,457,781.00
January 15th, 2017 20% of Estimated Phase 2 Total City Cost $951,788.00$764,272.00
June 15th, 2017 80% of Estimated Phase 2 Total City Cost $3,807,154.00*$3,057,088.00 * A final invoice will be issued to the City for the City’s share of any costs incurred related to the project during the warranty period.
2. The City and County shall reconcile invoices and supporting documentation prior to the County submitting an invoice to the City. Once the reconciled invoice is submitted, the City shall pay the invoice in full within 30 daysThe City shall pay 100 percent of an invoice amount within 30 days of receipt.. IIf the City is 30 days late on any payment, the entire remaining amount due of the City’s cost share per phase, will be invoiced to the City with a payment date of September 15th (of the year of the missed payment).
3. The costs for Phase 1 reflect to-date construction costs plus an estimated cost to complete. 4. The costs for Phase 2 reflect the lowest responsible bid. Upon completion of Phase 2 construction, the County shall prepare a final cost participation summary and submit to the City. The County shall add to the City’s final construction costs, construction contract amendments, any necessary adjustments for liquidated damages, and deduct City funds previously advanced for the project by the City.
5. If the amount of the total of the payments made by the City pursuant to Section G is less than the actual cost to the City of its portion of the Project, the City agrees to pay the difference between the estimated amount paid by the City and the actual cost of the City’s portion of the project. 4. Upon completion of Phase 1 and Phase 2 the County shall prepare a final cost participation
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Page 6 of 8
summary which will be based upon the contract unit prices and the actual units of work performed and shall submit a copy of this summary to the City. The County shall add to the City’s final construction costs, construction contract amendments, any necessary adjustments for liquidated damages, and deduct City funds previously advanced for the project by the City. If the amount of the total of the payments made by the City pursuant to Section G is less than the actual cost to the City of its portion of the Project, the City agrees to pay the difference between the estimated amount paid by the City and the actual cost of the City’s portion of the project.
5.6. In the event that the City paid more in advance than the actual cost of the City’s portion of the project, the County shall refund without interest the amount to the City. H. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS
1. Any modifications or additions to the final approved plans and/or specifications of the City’s
portion of the project shall be made part of the construction contract through a written amendment to the construction contract, but only after concurrence by the City Administrator, and the cost for such changes shall be appropriated as set forth in Section F of this Agreement. 1. Any modifications or additions to the final approved plans and/or specifications shall be made part of the construction contract by change order or by supplemental agreement, and shall be paid for as set forth in Section G of this Agreement.
2. Through written request, the City may request changes to the final approved plans and/or specification. Any City request which is subsequently modified or added to the final approved plans and specifications shall be made by a written amendment to this agreement, shall be made part of the construction contract by change order or supplemental agreement, and shall be paid for wholly by the City.
I. LIQUIDATED DAMAGES
Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages.
J. CIVIL RIGHTS AND NON-DISCRIMINATION
The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or
material suppliers.
K. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all
liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be
required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they
Page 7 of 8
shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466
and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). L. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy.
M. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers.
WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mike Pearson Date Board of Commissioners Mayor Molly O’Rourke Date Dean ZulegerKristina Handt Date County Administrator City Administrator
Page 8 of 8
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
Page 1 of 7
WASHINGTON COUNTY
CONTRACT NO. 10196
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM SIGNATURE - COMPLETION
COOPERATIVE AGREEMENT BETWEEN THE CITY OF
LAKE ELMO AND WASHINGTON COUNTY FOR COUNTY STATE AID HIGHWAY (CSAH 17) PHASES I & II
THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and
Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the
"County”, shall consist of this agreement, Exhibit A (Project Location Map), Exhibit B (Phase 1 Costs), and Exhibit C (Phase 2 Costs), “Washington County Cost Participation Policy #8001 for Cooperative
Highway Improvement Projects” which is incorporated into this agreement by reference.
WITNESSETH:
WHEREAS, the County reconstructed in 2015, as Phase 1 of this project, a portion of the City streets; Upper 33rd Street North, 36th Street North, and Laverne Avenue in downtown Lake Elmo as shown on
Exhibit A;
WHEREAS, the County intends to reconstruct in 2016, as Phase 2 of this project, CSAH 17 (Lake Elmo
Avenue) from County State Aid Highway 14 (Old Trunk Highway 5) to 30th Street and a portion of 30th Street North, 36th Street west of CSAH 17, 35th Street west of CSAH 17, and 34th Street west of CSAH
17 in the downtown Lake Elmo as shown on Exhibit A; and
WHEREAS, the right of way, preliminary design, final design, construction inspection/administration
and construction cost estimates for Phase 1 have been prepared by the County and the City will
participate in these costs as summarized in Section F of this cooperative agreement; and
WHEREAS, the right of way, preliminary design, final design, construction inspection/administration
and construction cost estimates for Phase 2 has been prepared by the County and the City will participate in these costs as summarized in Section F of this cooperative agreement; and
WHEREAS, the City desires to use local and state aid funds for these improvements, the State Aid Project number for Laverne Ave is SAP 201-106-001, the City Project number is 2014-137, the State
Aid Project number for 30th Street is SAP 206-108-002; and WHEREAS, the County desires to use local and state aid funds for these improvements, the State Aid
Project number for CSAH 17 (Lake Elmo Avenue) is SAP 082-617-007, and 082-617-013; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
right of way acquisition, preliminary and final design, construction inspection/administration and construction cost; and
WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59.
NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
A. PURPOSE 1. The purpose of this agreement is set forth in the above whereas clauses which are all
incorporated by reference as if fully set forth herein.
2. The Parties agree that Agreement No. 10196 terminates and supersedes Cooperative
Agreement No. 9660 between the Parties, dated June 23, 2015 which superseded and terminated Cooperative Agreement No. 9155.
Page 2 of 7
B. PLANS AND SPECIFICATION PREPARATION
The County shall be responsible for the preparation of the necessary plans and specifications,
including compliance with Minnesota State Aid requirements and all other applicable standards and policies and obtaining all approvals required in arriving at the bid specifications for all
components of this project.
C. RIGHT OF WAY AND EASEMENTS
1. The County shall acquire all permanent right-of-way, permanent easements, and temporary
construction easements. All permanent rights-of-way, permanent easements, and temporary construction easements will be acquired in the name of the County.
2. Any rights-of-way, permanent easements, and temporary construction easements that cannot be obtained through negotiation will be acquired by the County through eminent domain
proceedings.
3. Upon completion of the project, title to permanent right-of-way for and adjacent to City streets
and permanent easements for storm water storage and water quality treatment within the City will be conveyed to the City.
D. ADVERTISEMENT AND AWARD OF CONTRACT
1. After plans and specifications for all components of this project have been approved, all permits
and approvals have been obtained, and any necessary rights-of-way and easements have been acquired, the County shall advertise for construction bids or quotes.
2. Once bids are received, the City will be given the opportunity to review and evaluate the bid and provide City Council concurrence on the approval of the bids. Once City concurrence is
provided, the County shall award the contract to the lowest responsible bidder. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING
1. Construction administration, inspection, observation, and testing for the project will be performed by the County’s contracted consultant.
F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS
The estimated cost participation breakdown is in accordance with “Washington County Cost
Participation Policy #8001 for Cooperative Highway Improvement Projects”, which is
incorporated into this agreement by reference.
RIGHT OF WAY & EASEMENTS
1. The City shall pay to the County 100 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary slope easements, title work costs,
appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs,
and all pertinent acquisition costs necessary for roadway, utility, and drainage construction work on 30th Street North, Upper 33rd Street North, 35th Street North, 36th Street North, and Laverne
Avenue.
2. The City shall pay to the County 50 percent of the cost of all permanent right-of-way, permanent
utility and/or drainage easements, temporary slope easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent acquisition costs necessary for construction work on the regional drainage pond.
Page 3 of 7
3. The City shall pay to the County 55 percent of the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary construction easements, title work costs, appraisal
costs, relocation specialist costs, relocation costs, condemnation commissioner costs, and all
pertinent acquisition costs necessary for roadway, utility, and drainage construction work along CSAH 17 (Lake Elmo Avenue), from 30th Street North to CSAH 14.
4. Actual right of way costs shall be determined at the conclusion of the acquisition process. The City shall be responsible to pay for the actual costs of the aforementioned acquisition costs in
accordance with this agreement.
DESIGN, CONSTRUCTION INSPECTION/ADMINISTRATION SERVICES, &
CONSTRUCTION COSTS
1. The City shall pay the County 91.2 percent of the cost invoiced to the County from the County’s consultant for PRELIMINARY DESIGN of Phase 1 of the project. The City shall pay the County
56.1 percent of the cost invoiced to the County from the County’s consultant for PRELIMINARY DESIGN of Phase 2 of the project.
2. The City shall pay the County 91.2 percent of the cost invoiced to the County from the County’s consultant for FINAL DESIGN of Phase 1 of the project. The City shall pay the County 56.1
percent of the cost invoiced to the County from the County’s consultant for FINAL DESIGN of
Phase 2 of the project.
3. The City shall pay the County 91.2 percent of the cost invoiced to the County from the County’s
consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 1 of the project. The City shall pay the County 56.1 percent of the cost invoiced to the County from the
County’s consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 2 of
the project.
4. The City shall pay the County an estimated 91.2 percent of the CONSTRUCTION COSTS for Phase 1 of the project as shown in Exhibit B. The City shall pay the County an estimated 56.1 percent of the CONSTRUCTION COSTS for Phase 2 of the project as shown in Exhibit C.
These percentages are subject to change based on actual construction costs. A Total Cost Summary is presented on Table 1.
5. The final costs for construction will be based on actual unit prices and quantities used on each phase.
Page 4 of 7
TABLE 1 – TOTAL COST SUMMARY
PHASE 1 COUNTY COST ESTIMATE CITY COST ESTIMATE TOTAL COST ESTIMATE
Right-of-Way and Easements
Upper 33rd St. N, 36th St. N., and
Laverne Ave (100% City Cost)N/A $91,902.00 $91,902.00
Regional Drainage Pond (50% City Cost)$577,095.00 $577,095.00 $1,154,190.00
Preliminary Design (91.2% City Cost) $11,844.00 $119,756.00 $131,600.00
Final Design (91.2% City Cost) $21,011.00 $212,449.00 $233,460.00
MultiVista Photos $5,960.00 N/A $5,960.00
Precondition Survey (91.2% City Cost) $2,388.00 $24,745.00 $27,133.00
Construction Inspection/ Administration (91.2% City Cost) $26,568.00 $268,632.00 $295,200.00
Construction (est. 91.2% City Cost) $406,266.00 $4,262,335.00 $4,668,601.00
Phase 1 Total Costs $1,051,132.00 $5,556,914.00 $6,608,046.00
PHASE 2 COUNTY COST
ESTIMATE
CITY COST
ESTIMATE
TOTAL COST
ESTIMATE
Right-of-Way and Easements
CSAH 17 ( Lake Elmo Ave)
(55% City Cost)$128,142.00 $156,618.00 $284,760.00
30th St. N. (100% City Cost) N/A $147,550.00 $147,550.00
35th St. N. & 36th St N. (100% City
Cost)N/A $55,000.00 $55,000.00
Preliminary Design (56.1% City Cost) $83,147.00 $106,253.00 $189,400.00
Final Design (56.1% City Cost) $202,379.00 $258,621.00 $461,000.00
Precondition Survey Estimated Cost $17,173.00 $10,000.00 $27,173.00
Construction Inspection/ Administration (56.1% City Cost) $253,830.00 $324,370.00 $578,200.00
Construction (est. 56.1% City Cost) $2,703,607.00 $3,458,439.00 $6,162,046.00
% Construction Contingency (est. 56.1% City Cost) $189,252.00 $242,091.00 $431,343.00
Phase 2 Total Costs $3,577,530.00 $4,758,942.00 $8,336,472.00
Total Project Costs $4,628,662.00 $10,315,856.00 $14,944,518.00
G. PAYMENT
1. Right of way, preliminary design, final design, construction inspection/administration and
construction costs for the City’s cost share of Phase 1 and 2 projects shall be invoiced by the County to the City with no interest. The payment due dates are presented on Table 2.
Page 5 of 7
TABLE 2 – PAYMENT DUE DATES
Date Percentage Estimated Payment
January 15th, 2016 - PAID 10% of Estimated Phase 1 Total City Cost $498,866.35
June 15th, 2016 Remaining Estimated Phase 1 Total City
Cost $5,058,047.65*
January 15th, 2017 20% of Estimated Phase 2 Total City Cost $951,788.00
June 15th, 2017 80% of Estimated Phase 2 Total City Cost $3,807,154.00*
* A final invoice will be issued to the City for the City’s share of any costs incurred related to
the project during the warranty period.
2. The City and County shall reconcile invoices and supporting documentation prior to the County
submitting an invoice to the City. Once the reconciled invoice is submitted, the City shall pay the invoice in full within 30 days. If the City is 30 days late on any payment, the entire remaining
amount due of the City’s cost share per phase, will be invoiced to the City with a payment date
of September 15th (of the year of the missed payment).
3. The costs for Phase 1 reflect to-date construction costs plus an estimated cost to complete.
4. The costs for Phase 2 reflect the lowest responsible bid. Upon completion of Phase 2
construction, the County shall prepare a final cost participation summary and submit to the City.
The County shall add to the City’s final construction costs, construction contract amendments, any necessary adjustments for liquidated damages, and deduct City funds previously advanced
for the project by the City.
5. If the amount of the total of the payments made by the City pursuant to Section G is less than
the actual cost to the City of its portion of the Project, the City agrees to pay the difference between the estimated amount paid by the City and the actual cost of the City’s portion of the project.
6. In the event that the City paid more in advance than the actual cost of the City’s portion of the
project, the County shall refund without interest the amount to the City.
H. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS
1. Any modifications or additions to the final approved plans and/or specifications of the City’s portion of the project shall be made part of the construction contract through a written
amendment to the construction contract, but only after concurrence by the City Administrator,
and the cost for such changes shall be appropriated as set forth in Section F of this Agreement.
I. LIQUIDATED DAMAGES
Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective
total share of construction work to the total construction cost without any deduction for liquidated
damages.
J. CIVIL RIGHTS AND NON-DISCRIMINATION
The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and
discrimination shall be considered part of this Agreement as if fully set further herein, and shall
be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers.
Page 6 of 7
K. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all
liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be
required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement.
2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be
required to pay by reason of any negligent act by the County, its agents, officers or employees
during the performance of this agreement.
3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to
be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in
Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed
in writing to be responsible for the acts or omissions of the other parties as provided for in
Section 471.59, subd. 1a.
4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466
and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed
the limits on governmental liability for a single unit of government as specified in 466.04,
subdivision 1(a).
L. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in
the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data
privacy. M. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through levy
on County-owned property.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
Page 7 of 7
officers.
WASHINGTON COUNTY CITY OF LAKE ELMO
Chair Date Mike Pearson Date Board of Commissioners Mayor
Molly O’Rourke Date Kristina Handt Date
County Administrator City Administrator
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
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31ST ST N
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This map is the result of a compilationand reproduction of land records as they appear in various Washington County offices.This map should be used for referencepurposes only. Washington County is not responsible for any inaccuracies.
Project Phases
Phase 1
Phase 2
0 0.25 0.50.125
Miles
Lake Elmo Avenue (CSAH 17) - City of Lake ElmoEXHIBIT A
Regional Drainage Pond
Cost Split Phase 1_Post Construction.xlsx
2021.501 MOBILIZATION LUMP SUM $205,000.00 1.0000 $205,000.00 0.09 $19,096.48 0.15 $31,293.85 0.00 $894.00 0.75 $153,715.67
2101.501 CLEARING ACRE $2,400.00 1.90 $4,560.00 1.90 $4,560.002101.502 CLEARING TREE $265.00 43 $11,395.00 24 $6,360.00 19 $5,035.002101.506 GRUBBING ACRE $2,400.00 1.90 $4,560.00 1.90 $4,560.002101.507 GRUBBING TREE $265.00 43 $11,395.00 24 $6,360.00 19 $5,035.00
2104.501 REMOVE WATER MAIN LIN FT $9.90 1982 $19,621.80 1982 $19,621.802104.501 REMOVE WATER SERVICE PIPE LIN FT $12.00 606 $7,272.00 606 $7,272.002104.501 REMOVE PIPE CULVERTS LIN FT $12.90 256 $3,302.40 143 $1,844.70 113 $1,457.702104.501 REMOVE CURB & GUTTER LIN FT $3.00 361 $1,083.00 249 $747.00 112 $336.002104.501 REMOVE RAILROAD TRACK LIN FT $11.85 220 $2,607.00 220 $2,607.002104.503 REMOVE SIDEWALK SQ FT $1.05 917 $962.85 414 $434.70 503 $528.152104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD $5.65 395 $2,231.75 197 $1,113.05 198 $1,118.702104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD $2.95 870 $2,566.50 400 $1,180.00 470 $1,386.502104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $1.75 10292 $18,011.00 4200 $7,350.00 6092 $10,661.002104.509 REMOVE CONCRETE HEADWALL EACH $485.00 1 $485.00 1 $485.002104.509 REMOVE GATE VALVE & BOX EACH $520.00 9 $4,680.00 9 $4,680.002104.509 REMOVE CURB STOP & BOX EACH $208.50 15 $3,127.50 15 $3,127.502104.509 REMOVE HYDRANT & VALVE ASSEMBLY EACH $1,300.00 3 $3,900.00 3 $3,900.002104.509 REMOVE SIGN TYPE C EACH $48.00 26 $1,248.00 20 $960.00 6 $288.002104.509 REMOVE SIGN TYPE SPECIAL EACH $106.65 3 $319.95 3 $319.95
2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT $4.50 174 $783.00 38 $171.00 136 $612.002104.513 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT $2.80 1102 $3,085.60 442 $1,237.60 660 $1,848.002104.521 SALVAGE CHAIN LINK FENCE LIN FT $13.50 148 $1,998.00 88 $1,188.00 60 $810.00
2104.603 ABANDON WATER MAIN LIN FT $28.00 127 $3,556.00 127 $3,556.00
2106.607 EXCAVATION - COMMON CU YD $8.65 13211 $114,275.15 2731 $23,623.15 10480 $90,652.002106.607 EXCAVATION - SUBGRADE CU YD $10.50 6263 $65,761.50 3611 $37,915.50 2652 $27,846.002106.607 EXCAVATION - CHANNEL AND POND CU YD $10.70 114733 $1,227,643.10 35024.46 $374,761.68 79709 $852,881.422106.607 EXCAVATION - SPECIAL (EV)CU YD $10.30 10000 $103,000.00 10000 $103,000.002106.607 COMMON EMBANKMENT (CV)CU YD $4.10 8369 $34,312.90 666 $2,730.60 7703 $31,582.302106.607 SELECT GRANULAR EMBANKMENT (CV)CU YD $18.25 5808 $105,996.00 3924 $71,613.00 1884 $34,383.00
2118.607 AGGREGATE SURFACING (CV) CLASS 6 CU YD $27.50 1600 $44,000.00 15 $412.50 1585 $43,587.50
2123.501 COMMON LABORER HOUR $85.00 70 $5,950.00 20 $1,700.00 50 $4,250.002123.514 3 CY FRONT END LOADER HOUR $155.00 10 $1,550.00 3 $465.00 7 $1,085.002123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR $145.00 200 $29,000.00 50 $7,250.00 150 $21,750.002123.610 3 CY BACKHOE HOUR $180.00 15 $2,700.00 5 $900.00 10 $1,800.00
2123.610 SKID STEER HOUR $120.00 40 $4,800.00 10 $1,200.00 30 $3,600.002123.610 TRACTOR MOUNTED BACKHOE HOUR $140.00 10 $1,400.00 4 $560.00 6 $840.00
2211.503 AGGREGATE BASE (CV) CLASS 6 CY YD $23.00 3461 $79,603.00 1137 $26,151.00 2324 $53,452.00
2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B)TON $80.00 87.16 $6,972.80 87 $6,972.802360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C)TON $64.00 1448 $92,672.00 802 $51,328.00 646 $41,344.002360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C)TON $64.00 1071.44 $68,572.16 802 $51,328.00 269 $17,244.162360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) (WEDGE)TON $118.40 141.64 $16,770.18 74 $8,718.98 68 $8,051.202360.503 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) 3.0" THICK SQ YD $21.35 870 $18,574.50 259 $5,529.65 611 $13,044.852411.603 CONCRETE STEPS LIN FT $120.00 74.50 $8,940.00 38 $4,500.00 37 $4,440.002451.603 CRUSHED ROCK PIPE FOUNDATION (CV)LIN FT $15.45 2403.00 $37,126.35 2403 $37,126.35
2501.515 60" RC PIPE APRON EACH $1,575.00 1 $1,575.00 1.00 $1,575.002501.515 24" RC PIPE APRON EACH $605.00 1 $605.00 1 $605.002501.515 36" RC PIPE APRON EACH $890.00 1 $890.00 1 $890.002501.602 BULKHEAD CULVERT EACH $535.00 4 $2,140.00 4 $2,140.002501.602 TRASH GUARD FOR 24" PIPE APRON EACH $310.00 1 $310.00 1 $310.00
2502.541 4" PERF PE PIPE DRAIN LIN FT $8.55 1120 $9,576.00 800 $6,840.00 320 $2,736.00
2503.511 8" PVC PIPE SEWER (SDR 26)LIN FT $64.15 4012 $257,369.80 4012 $257,369.802503.541 12" RC PIPE SEWER DES 3006 CL V LIN FT $34.00 291 $9,894.00 253 $8,602.00 38 $1,292.002503.541 15" RC PIPE SEWER DES 3006 CL V LIN FT $31.75 457 $14,509.75 157 $4,984.75 300 $9,525.002503.541 18" RC PIPE SEWER DES 3006 CL V LIN FT $34.00 341 $11,594.00 294 $9,996.00 47 $1,598.002503.541 21" RC PIPE SEWER DES 3006 CL II LIN FT $35.00 181 $6,335.00 181 $6,335.002503.541 24" RC PIPE SEWER DES 3006 CL II LIN FT $36.00 229 $8,244.00 118 $4,248.00 111 $3,996.002503.541 27" RC PIPE SEWER DES 3006 CL II LIN FT $38.20 271 $10,352.20 271 $10,352.202503.541 27" RC PIPE SEWER DES 3006 CL III LIN FT $42.00 118 $4,956.00 118 $4,956.002503.541 30" RC PIPE SEWER DES 3006 CL II LIN FT $46.75 350 $16,362.50 179 $8,368.25 171 $7,994.252503.541 36" RC PIPE SEWER DES 3006 CL II LIN FT $52.95 475 $25,151.25 475 $25,151.252503.541 42" RC PIPE SEWER DES 3006 CL II LIN FT $75.50 348 $26,274.00 348 $26,274.002503.541 42" RC PIPE SEWER DES 3006 CL III LIN FT $84.25 98 $8,256.50 98 $8,256.502503.541 54" RC PIPE SEWER DES 3006 CL II LIN FT $115.00 396 $45,540.00 396 $45,540.002503.541 60" RC PIPE SEWER DES 3006 CL II LIN FT $132.50 796 $105,470.00 796 $105,470.002503.541 60" RC PIPE SEWER DES 3006 CL II- IN CASING LIN FT $160.00 100 $16,000.00 100 $16,000.002503.602 CONNECT TO EXISTING SANITARY SEWER MANHOLE EACH $6,950.00 1 $6,950.00 1 $6,950.002503.602 CONSTRUCT 8" OUTSIDE DROP EACH $2,000.00 1 $2,000.00 1 $2,000.00
UNIT COST TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
SAP 082-617-007 (REGIONAL DRAINAGE)
SAP 206-106-001 (CITY'S STATE AID NUMBER)
ROADWAY DRAINAGE LANDSCAPING/LIGHTING
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TAB ITEM NO.ITEM DESCRIPTION UNIT
TOTAL ESTIMATED QUANTITY
CP 2014-137 (NON-PARTICIPATING CITY ITEMS)
ROADWAY/UTILITY
EXHIBIT B
Cost Split Phase 1_Post Construction.xlsx
UNIT COST TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
SAP 082-617-007 (REGIONAL DRAINAGE)
SAP 206-106-001 (CITY'S STATE AID NUMBER)
ROADWAY DRAINAGE LANDSCAPING/LIGHTING
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TAB ITEM NO.ITEM DESCRIPTION UNIT
TOTAL ESTIMATED QUANTITY
CP 2014-137 (NON-PARTICIPATING CITY ITEMS)
ROADWAY/UTILITY
2503.602 8"X4" PVC WYE (SCH 40)EACH $100.00 9 $900.00 9 $900.002503.602 8"X6" PVC WYE (SCH 40)EACH $150.00 27 $4,050.00 27 $4,050.002503.603 4" PVC SANITARY SERVICE PIPE (SCH 40)LIN FT $19.00 380 $7,220.00 380 $7,220.002503.603 6" PVC SANITARY SERVICE PIPE (SCH 40)LIN FT $21.50 1001 $21,521.50 1001 $21,521.502503.603 TELEVISING LIN FT $0.65 4286 $2,785.90 4286 $2,785.902503.603 36" STEEL CASING PIPE (JACKED/AUGURED)LIN FT $605.00 100 $60,500.00 100 $60,500.002503.603 86" STEEL CASING PIPE (JACKED/AUGURED)LIN FT $2,456.60 100 $245,660.00 100 $245,660.002503.608 DUCTILE IRON FITTINGS POUND $6.55 6428 $42,103.40 6428 $42,103.40
2504.601 IRRIGATION SYSTEM LUMP SUM $15,500.002504.601 TEMPORARY WATER SERVICE LUMP SUM $24,650.00 1 $24,650.00 1 $24,650.002504.602 CONNECT TO EXISTING WATER MAIN EACH $1,175.00 7 $8,225.00 7 $8,225.002504.602 CONNECT TO EXISTING WATER SERVICE EACH $250.00 18 $4,500.00 18 $4,500.002504.602 HYDRANT EACH $4,065.00 8 $32,520.00 8 $32,520.002504.602 1" CORPORATION STOP EACH $126.50 16 $2,024.00 16 $2,024.002504.602 2" CORPORATION STOP EACH $435.00 5 $2,175.00 5 $2,175.002504.602 1" CURB STOP & BOX EACH $225.00 15 $3,375.00 15 $3,375.002504.602 2" CURB STOP AND BOX EACH $475.00 5 $2,375.00 5 $2,375.002504.602 16" BUTTERFLY VALVE & BOX EACH $2,575.00 3 $7,725.00 3 $7,725.002504.602 6" GATE VALVE & BOX EACH $1,450.00 12 $17,400.00 12 $17,400.002504.602 8" GATE VALVE & BOX EACH $1,925.00 3 $5,775.00 3 $5,775.002504.602 12" GATE VALVE & BOX EACH $3,200.002504.603 6" WATER MAIN DUCTILE IRON CL 52 LIN FT $44.00 325 $14,300.00 325 $14,300.002504.603 8" WATER MAIN DUCTILE IRON CL 52 LIN FT $64.85 223 $14,461.55 223 $14,461.552504.603 12" WATER MAIN DUCTILE IRON CL 52 LIN FT $150.002504.603 16" WATER MAIN DUCTILE IRON CL 52 LIN FT $79.25 1727 $136,864.75 1727 $136,864.752504.603 16" WATER MAIN DUCTILE IRON CL 52 (IN CASING)LIN FT $102.00 100 $10,200.00 100 $10,200.002504.603 1" TYPE K COPPER PIPE LIN FT $23.90 525 $12,547.50 525 $12,547.502504.603 2" TYPE K COPPER PIPE LIN FT $36.25 96 $3,480.00 96 $3,480.002504.604 4" POLYSTYRENE INSULATION SQ YD $36.00 61 $2,196.00 61 $2,196.00
2506.501 CONST DRAINAGE STRUCTURE TYPE 402 LIN FT $340.00 9.35 $3,179.00 9 $3,179.002506.501 CONST DRAINAGE STRUCTURE TYPE 404 LIN FT $888.00 38.73 $34,392.24 30 $26,400.24 9 $7,992.002506.501 CONST DRAINAGE STRUCTURE TYPE 405-120"LIN FT $975.00 16.23 $15,824.25 16 $15,824.252506.501 CONST DRAINAGE STRUCTURE TYPE 406-48"LIN FT $545.00 58.24 $31,740.80 35 $19,205.80 23 $12,535.002506.501 CONST DRAINAGE STRUCTURE TYPE 406-54"LIN FT $900.00 6.95 $6,255.00 7 $6,255.002506.501 CONST DRAINAGE STRUCTURE TYPE 406-66"LIN FT $228.00 22.38 $5,102.64 22 $5,102.642506.501 CONST DRAINAGE STRUCTURE TYPE 406-78"LIN FT $560.00 7.57 $4,239.20 8 $4,239.202506.501 CONST DRAINAGE STRUCTURE TYPE 406-84"LIN FT $470.00 26.62 $12,511.40 27 $12,511.402506.501 CONST DRAINAGE STRUCTURE TYPE 408-84"LIN FT $320.00 13.80 $4,416.00 14 $4,416.002506.501 CONST DRAINAGE STRUCTURE TYPE 408-96"LIN FT $380.00 28.69 $10,902.20 29 $10,902.202506.501 CONST DRAINAGE STRUCTURE TYPE 408-120"LIN FT $755.00 13.00 $9,815.00 13 $9,815.002506.501 CONST DRAINAGE STRUCTURE TYPE 409-60"LIN FT $390.00 6.38 $2,488.20 6 $2,488.202506.501 CONST DRAINAGE STRUCTURE TYPE 409-72"LIN FT $670.00 4.11 $2,753.70 4 $2,753.702506.501 CONST DRAINAGE STRUCTURE DES SD-48 LIN FT $480.00 7.09 $3,403.20 7 $3,403.202506.501 CONST DRAINAGE STRUCTURE DES SD-60 LIN FT $505.00 24.22 $12,231.10 19 $9,706.10 5 $2,525.002506.501 CONST DRAINAGE STRUCTURE DES SD-72 LIN FT $485.002506.501 CONST DRAINAGE STRUCTURE DES SD-96 LIN FT $915.00 5.44 $4,977.60 5 $4,977.602506.502 CONST DRAINAGE STRUCTURE DES SPECIAL 1 EACH $4,350.00 1 $4,350.00 1 $4,350.002506.601 SANITARY SEWER MANHOLE (EXTRA DEPTH)LIN FT $135.00 128.59 $17,359.65 129 $17,359.652506.603 SANITARY SEWER MANHOLE (0'-10)EACH $2,250.00 15 $33,750.00 15 $33,750.00
2511.501 RANDOM RIPRAP CLASS III CU YD $105.00 27 $2,835.00 27 $2,835.002511.501 RANDOM RIPRAP CLASS IV CU YD $105.00 40 $4,200.00 40 $4,200.002511.515 GEOTEXTILE FILTER TYPE IV SQ YD $1.75 110 $192.50 110 $192.50
2521.501 5" CONCRETE WALK SQ FT $4.70 14171 $66,603.70 8800 $41,360.00 5371 $25,243.702531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN FT $16.00 3768 $60,288.00 2689 $43,024.00 1079 $17,264.002531.501 CONCRETE CURB & GUTTER DESIGN D418 LIN FT $21.50 392 $8,428.00 392 $8,428.002531.501 CONCRETE CURB & GUTTER DEISGN SPECIAL 1 LIN FT $17.75 666 $11,821.50 666 $11,821.502531.507 6" CONCRETE DRIVEWAY PAVEMENT SQ YD $50.75 527.5 $26,770.63 397 $20,122.38 131 $6,648.252531.507 6" CONCRETE DRIVEWAY PAVEMENT - HIGH EARLY SQ YD $54.75 241 $13,194.75 241 $13,194.752531.603 PEDESTRIAN CURB RAMP EACH $586.50 6 $3,519.00 3 $1,759.50 3 $1,759.50
2531.618 TRUNCATED DOMES SQ FT $58.65 170 $9,970.50 71 $4,164.15 99 $5,806.35
2540.602 SALVAGE AND REINSTALL MAILBOX EACH $160.00 13 $2,080.00 12 $1,920.00 1 $160.002540.618 CONCRETE PAVERS - PERMEABLE SQ FT $19.202557.603 INSTALL CHAIN LINK FENCE LIN FT $11.35 125 $1,418.75 65 $737.75 60 $681.00
2563.601 TRAFFIC CONTROL LUMP SUM $12,000.00 1.00 $12,000.00 0.09 $1,117.84 0.15 $1,831.83 0.00 $52.33 0.75 $8,997.992563.601 TRAFFIC CONTROL (RR FLAGGING)LUMP SUM $16,500.00 1 $16,500.00 1 $16,500.00
2564.552 OFF ROAD STRUCTURE MARKER EACH $53.30 4 $213.20 4 $213.202564.531 SIGN PANELS TYPE C SQ FT $48.00 113 $5,424.00 78 $3,744.00 35 $1,680.002534.531 SIGN PANELS TYPE SPECIAL SQ FT $62.40 18 $1,123.20 18 $1,123.20
2571.502 DECIDUOUS TREE 2.5" CAL B&B TREE $455.00 17 $7,735.00 17 $7,735.002571.503 ORNAMENTAL TREE 8' HT CONT TREE $426.50 23 $9,809.50 23 $9,809.502571.504 CONIFEROUS SHRUB 3' HT CONT SHRUB $96.00
EXHIBIT B
Cost Split Phase 1_Post Construction.xlsx
UNIT COST TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
SAP 082-617-007 (REGIONAL DRAINAGE)
SAP 206-106-001 (CITY'S STATE AID NUMBER)
ROADWAY DRAINAGE LANDSCAPING/LIGHTING
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TAB ITEM NO.ITEM DESCRIPTION UNIT
TOTAL ESTIMATED QUANTITY
CP 2014-137 (NON-PARTICIPATING CITY ITEMS)
ROADWAY/UTILITY
2571.505 DECIDOUS SHRUB 4' HT CONT SHRUB $74.652571.507 PERENNIAL NO 3 CONT PLANT $51.20
2573.502 SILT FENCE, TYPE MS LIN FT $2.00 800 $1,600.00 800 $1,600.002573.530 STORM DRAIN INLET PROTECTION EACH $185.00 27 $4,995.00 13 $2,405.00 14 $2,590.002573.533 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT $2.00 3600 $7,200.00 2000 $4,000.00 1600 $3,200.002573.530 STABILIZED CONSTRUCTION EXIT LUMP SUM $6,500.00 1 $6,500.00 1 $3,250.00 1 $3,250.002573.560 CULVERT END CONTROLS EACH $245.00 1 $245.00 1 $245.002574.508 FERTILIZER TYPE 4 POUND $0.53 874 $463.22 874 $463.222575.501 SEEDING ACRE $133.00 7 $931.00 7 $931.002575.502 SEED MIXTURE 33-261 POUND $21.05 360 $7,578.00 360 $7,578.002575.502 SEED MIXTURE 35-221 POUND $19.90 55 $1,094.50 55 $1,094.502575.502 SEED MIXTURE 35-241 POUND $16.00 60 $960.00 60 $960.002575.505 SODDING TYPE LAWN SQ YD $5.10 3269 $16,671.90 2698 $13,759.80 571 $2,912.102575.523 EROSION CONTROL BLANKETS CATEGORY 00 SQ YD $1.35 21631 $29,201.85 21631 $29,201.852575.523 EROSION CONTROL BLANKETS CATEGORY 4 SQ YD $1.45 9973 $14,460.85 9973 $14,460.852575.562 HYDRAULIC MATRIX TYPE MULCH POUND $0.85 3486 $2,963.10 1176 $999.60 2310 $1,963.50
2582.502 4" SOLID LINE WHITE - EPOXY LIN FT $0.50 994 $497.00 589 $294.50 405 $202.502582.502 4" DOUBLE SOLID LINE YELLOW - EPOXY LIN FT $1.00 2350 $2,350.00 1543 $1,543.00 807 $807.002582.503 CROSSWALK MARKING - POLY PREFORM - GR IN SQ FT $18.75 414 $7,762.50 270 $5,062.50 144 $2,700.00
1
$3,864.00 1.00 $3,864.00 1.00 $3,864.00
$4,750.00 1.00 $4,750.00 1.00 $4,750.00
$11,844.00 1.00 $11,844.00 1.00 $11,844.00
$119,756.00 1.00 $119,756.00 0.16 $19,298.23 0.00 $551.31 0.83 $99,906.45
$21,011.00 1.00 $21,011.00 1.00 $21,011.00
$212,449.00 1.00 $212,449.00 0.16 $34,235.37 0.00 $978.04 0.83 $177,235.60
$26,568.00 1.00 $26,568.00 1.00 $26,568.00
$268,632.00 1.00 $268,632.00 0.16 $43,289.05 0.00 $1,236.68 0.83 $224,106.27
$91,902.10 1.00 $91,902.10 0.60 $55,141.26 0.40 $36,760.84
$1,154,190.00 1.00 $1,154,190.00 0.50 $577,095.00 0.50 $577,095.00
$22,200.00 1.00 $22,200.00 1.00 $22,200.00
$5,960.00 1.00 $5,960.00 1.00 $5,960.00
$2,387.73 1.00 $2,387.73 1.00 $2,387.73
$24,745.52 1.00 $24,745.52 0.16 $3,987.65 0.00 $113.92 0.83 $20,643.96
$12,907.50 1.00 $12,907.50 0.09 $1,135.86 0.91 $11,771.64
$43,938.98 1.00 $43,938.98 0.09 $3,866.63 0.91 $40,072.35
LIGHTING (6)
PRECONDITION SURVEY WORK - COUNTY (3)
PRECONDITION SURVEY WORK - CITY (3)
WORK ORDER #1 - GEOTEXTILE FABRIC (3)
WORK ORDER #2 - UPPER 33RD SOIL CORRECTIONS (3)
MULTIVISTA PHOTOS
FINAL DESIGN - COUNTY (3)
FINAL DESIGN - CITY (3)
CONSTRUCTION INSPECTION/ADMIN - COUNTY (3)
CONSTRUCTION INSPECTION/ADMIN - CITY (3)
RIGHT-OF-WAY - CITY (4)
RIGHT-OF-WAY - REGIONAL DRAINAGE (5)
PRELIMINARY LANDSCAPE DESIGN (1)
FEASIBILITY STUDY (2)
PRELIMINARY DESIGN - COUNTY (3)
PRELIMINARY DESIGN - CITY (3)
$18,490.84 $3,353,637.90+0% CONSTRUCTION CONTINGENCY $4,411,552.91 $394,976.00 $524,466.13 $119,982.04
TOTAL ESTIMATED CONSTRUCTION COST 2015 $4,411,552.91 $394,976.00 $524,466.13 $119,982.04 $18,490.84 $3,353,637.90
TOTAL ALTERNATE 1 - 33RD SEWER JACKING $155,000.00 $155,000.00
EXHIBIT B
Cost Split Phase 1_Post Construction.xlsx
UNIT COST TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
SAP 082-617-007 (REGIONAL DRAINAGE)
SAP 206-106-001 (CITY'S STATE AID NUMBER)
ROADWAY DRAINAGE LANDSCAPING/LIGHTING
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TOTAL ESTIMATED QUANTITY
TOTAL ESTIMATED COST
TAB ITEM NO.ITEM DESCRIPTION UNIT
TOTAL ESTIMATED QUANTITY
CP 2014-137 (NON-PARTICIPATING CITY ITEMS)
ROADWAY/UTILITY
$57,165.00 1.00 $57,165.00 1.00 $57,165.00
$19,112.90 1.00 $19,112.90 0.09 $1,681.94 0.91 $17,430.96
$41,578.65 1.00 $41,578.65 1.00 $41,578.65
$12,800.00 1.00 $12,800.00 0.09 $1,126.40 0.91 $11,673.60
1.00 0.50 0.50
$10,000.00 1.00 $10,000.00 1.00 $10,000.00
$36,256.00 1.00 $36,256.00 0.09 $3,190.53 0.91 $33,065.47
$10,007.10 1.00 $10,007.10 1.00 $10,007.10
$3,281.85 1.00 $3,281.85 0.09 $288.80 0.91 $2,993.05
$10,000.00 1.00 $10,000.00 1.00 $10,000.00
$759,354.33 $119,982.04 $47,434.79 $4,660,957.20
WORK ORDER #10 - ALLEY REVISIONS (7)
WORK ORDER #11 - UPPER 33RD STABILIZING AGG (3)
STEVE JOHNSON BUILDING CORRECTIONS
TOTAL ESTIMATED PROJECT COST $6,638,860.24 $1,051,131.88
WORK ORDER #4 - POND BUILDING REMOVAL (3)
WORK ORDER #5 - ALLEY SOIL CORRECTIONS (7)
WORK ORDER #6 - REGIONAL BASIN FENCE (3)
WORK ORDER #7 - BYPASS PUMPING (3)
WORK ORDER #8 - FIRE STATION PARKING LOT (7)
WORK ORDER #9 - BASIN EXCAVATION (3)
WORK ORDER #3 - LAVERNE AVE SOIL CORRECTIONS (7)
EXHIBIT B
CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT
SAP 082-617-013 EXHIBIT C
SAP 206-108-002
BID OPENING: May 5, 2016
ITEM
NO.ITEM DESCRIPTION UNIT
TOTAL
QUANTITY UNIT COST TOTAL COST SAP 082-617-013
QUANTITY
SAP 206-108-002
QUANTITY
CP 2014-37
QUANTITY
SAP 082-617-013
COST
SAP 206-108-002
COST
CP 2014-37
COST
2021.501 MOBILIZATION LUMP SUM 1 $232,500.00 $232,500.00 0.4285 0.1267 0.4448 $99,626.25 $29,457.75 $103,416.00
2031.501 FIELD OFFICE TYPE D LUMP SUM 1 $20,000.00 $20,000.00 0.4285 0.1267 0.4448 $8,570.00 $2,534.00 $8,896.00
2101.501 CLEARING ACRE 2 $3,500.00 $6,825.00 0.6 0.9 0.45 $2,100.00 $3,150.00 $1,575.00
2101.502 CLEARING TREE 85 $300.00 $25,500.00 48 8 29 $14,400.00 $2,400.00 $8,700.00
2101.506 GRUBBING ACRE 2 $2,500.00 $4,875.00 0.6 0.9 0.45 $1,500.00 $2,250.00 $1,125.00
2101.507 GRUBBING TREE 85 $250.00 $21,250.00 48 8 29 $12,000.00 $2,000.00 $7,250.00
2103.501 BUILDING REMOVAL LUMP SUM 1 $5,000.00 $5,000.00 1 $5,000.00
2104.501 REMOVE WATER MAIN LIN FT 6401 $2.00 $12,802.00 6401 $12,802.00
2104.501 REMOVE PIPE CULVERTS LIN FT 207 $11.00 $2,277.00 207 $2,277.00
2104.501 REMOVE SEWER PIPE (STORM)LIN FT 2260 $20.00 $45,200.00 993 1267 $19,860.00 $25,340.00
2104.501 REMOVE CURB & GUTTER LIN FT 4257 $3.00 $12,771.00 218 4039 $654.00 $12,117.00
2104.501 REMOVE BITUMINOUS CURB LIN FT 5993 $1.00 $5,993.00 5993 $5,993.00
2104.501 REMOVE WATER SERVICE PIPE LIN FT 2722 $2.00 $5,444.00 2722 $5,444.00
2104.501 REMOVE TRAFFIC BARRIER LIN FT 53 $30.00 $1,590.00 53 $1,590.00
2104.503 REMOVE SIDEWALK SQ FT 10709 $0.60 $6,425.40 10709 $6,425.40
2104.503 REMOVE RETAINING WALL SQ FT 100 $6.00 $600.00 100 $600.00
2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 228 $6.75 $1,539.00 152 76 $1,026.00 $513.00
2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 1618 $5.00 $8,090.00 651 821 146 $3,255.00 $4,105.00 $730.00
2104.505 REMOVE BITUMINOUS PAVEMENT (REMOVE BIT WEDGE)SQ YD 8515 $0.01 $85.15 5496 2603 416 $54.96 $26.03 $4.16
2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD 29666 $2.00 $59,332.00 22482 6360 824 $44,964.00 $12,720.00 $1,648.00
2104.509 REMOVE CONCRETE STEPS EACH 6 $350.00 $2,100.00 6 $2,100.00
2104.509 REMOVE MANHOLE OR CATCH BASIN EACH 28 $450.00 $12,600.00 13 15 $5,850.00 $6,750.00
2104.509 REMOVE GATE VALVE & BOX EACH 30 $100.00 $3,000.00 30 $3,000.00
2104.509 REMOVE CURB STOP & BOX EACH 76 $50.00 $3,800.00 76 $3,800.00
2104.509 REMOVE HYDRANT & VALVE ASSEMBLY EACH 14 $250.00 $3,500.00 14 $3,500.00
2104.509 REMOVE SIGN TYPE C EACH 61 $30.00 $1,830.00 46 14 1 $1,380.00 $420.00 $30.00
2104.509 REMOVE SIGN TYPE SPECIAL EACH 10 $30.00 $300.00 8 2 $240.00 $60.00
2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 895 $5.00 $4,475.00 865 30 $4,325.00 $150.00
2104.513 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 1568 $3.00 $4,704.00 1019 379 170 $3,057.00 $1,137.00 $510.00
2104.521 SALVAGE WOODEN FENCE LIN FT 150 $15.00 $2,250.00 150 $2,250.00
2104.523 SALVAGE SIGN PANELS TYPE C EACH 4 $30.00 $120.00 4 $120.00
2104.603 ABANDON WATER MAIN LIN FT 35 $110.00 $3,850.00 35 $3,850.00
2104.603 REMOVE SEWER PIPE (STORM) SPECIAL LIN FT 50 $50.00 $2,500.00 50 $2,500.00
2105.604 GEOTEXTILE FABRIC TYPE V SQ YD 2490 $3.00 $7,470.00 2490 $7,470.00
2106.607 EXCAVATION - COMMON CU YD 15782 $10.00 $157,820.00 12448 2685 649 $124,480.00 $26,850.00 $6,490.00
2106.607 EXCAVATION - SUBGRADE CU YD 18855 $10.00 $188,550.00 13182 4641 1032 $131,820.00 $46,410.00 $10,320.00
2106.607 EXCAVATION - CHANNEL AND POND CU YD 921 $10.00 $9,210.00 819.69 101.31 $8,196.90 $1,013.10
2106.607 COMMON EMBANKMENT (CV)CU YD 3480 $7.00 $24,360.00 1748 1545.33 186.67 $12,236.00 $10,817.31 $1,306.69
2106.607 SELECT GRANULAR EMBANKMENT MOD 5% (CV)CU YD 19929 $23.00 $458,367.00 14136 4754 1039 $325,128.00 $109,342.00 $23,897.00
2112.607 SUBGRADE CORRECTION CU YD 2926 $35.00 $102,410.00 2121 713 92 $74,235.00 $24,955.00 $3,220.00
2118.607 AGGREGATE SURFACING (CV) CLASS 6 CU YD 654 $27.00 $17,658.00 108 546 $2,916.00 $14,742.00
2123.501 COMMON LABORER HOUR 130 $72.00 $9,360.00 80 20 30 $5,760.00 $1,440.00 $2,160.00
2123.514 3 CY FRONT END LOADER HOUR 130 $165.00 $21,450.00 80 20 30 $13,200.00 $3,300.00 $4,950.00
2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 250 $140.00 $35,000.00 180 40 30 $25,200.00 $5,600.00 $4,200.00
2123.610 3 CY BACKHOE HOUR 130 $202.00 $26,260.00 80 20 30 $16,160.00 $4,040.00 $6,060.00
CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT
SAP 082-617-013 EXHIBIT C
SAP 206-108-002
BID OPENING: May 5, 2016
ITEM
NO.ITEM DESCRIPTION UNIT
TOTAL
QUANTITY UNIT COST TOTAL COST SAP 082-617-013
QUANTITY
SAP 206-108-002
QUANTITY
CP 2014-37
QUANTITY
SAP 082-617-013
COST
SAP 206-108-002
COST
CP 2014-37
COST
2123.610 SKID STEER HOUR 130 $140.00 $18,200.00 80 20 30 $11,200.00 $2,800.00 $4,200.00
2123.610 TRACTOR MOUNTED BACKHOE HOUR 130 $170.00 $22,100.00 80 20 30 $13,600.00 $3,400.00 $5,100.00
2211.503 AGGREGATE BASE (CV) CLASS 6 CU YD 8925 $24.00 $214,200.00 5470 1684 1771 $131,280.00 $40,416.00 $42,504.00
2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B)TON 249 $0.01 $2.49 249 $2.49
2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C)TON 3661 $63.50 $232,473.50 2888 635 138 $183,388.00 $40,322.50 $8,763.00
2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C)TON 2700 $63.50 $171,450.00 1927 635 138 $122,364.50 $40,322.50 $8,763.00
2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) (WEDGE)TON 674 $0.01 $6.74 398.895 220.011 54.8615 $3.99 $2.20 $0.55
2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) (TPAR)TON 45 $63.50 $2,857.50 45 $2,857.50
2360.503 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) 3.0" THICK (DRIVEWAYS)SQ YD 1642 $20.50 $33,661.00 751 483 408 $15,395.50 $9,901.50 $8,364.00
2401.501 STRUCTURAL CONCRETE (1G32)CU YD 16 $260.00 $4,160.00 16 $4,160.00
2402.585 PIPE RAILING LIN FT 95 $140.00 $13,300.00 79 16 $11,060.00 $2,240.00
2411.602 PRECAST CONCRETE CAP EACH 1 $5,750.00 $5,750.00 1 $5,750.00
2411.603 CONCRETE STEPS LIN FT 250 $67.00 $16,750.00 250 $16,750.00
2411.603 CONCRETE STEPS DESIGN SPECIAL LIN FT 57 $159.00 $9,063.00 57 $9,063.00
2411.618 PREFABRICATED MODULAR BLOCK WALL SQ FT 1920 $60.50 $116,160.00 960 960 $58,080.00 $58,080.00
2411.618 ANTI-GRAFFITI COATING SQ FT 1920 $3.50 $6,720.00 960 960 $3,360.00 $3,360.00
2451.603 CRUSHED ROCK PIPE FOUNDATION LIN FT 6501 $4.00 $26,004.00 6501 $26,004.00
2501.515 12" RC PIPE APRON EACH 2 $550.00 $1,100.00 1.78 0.22 $979.00 $121.00
2501.515 18" RC PIPE APRON EACH 1 $670.00 $670.00 0.89 0.11 $596.30 $73.70
2501.515 21" RC PIPE APRON EACH 1 $750.00 $750.00 0.89 0.11 $667.50 $82.50
2501.515 30" GS PIPE APRON EACH 1 $1,550.00 $1,550.00 1 $1,550.00
2501.521 57" SPAN CS-PIPE ARCH SEWER LIN FT 235 $100.00 $23,500.00 129.25 105.75 $12,925.00 $10,575.00
2501.567 57" SPAN CS SAFETY APRON AND GRATE DESIGN 3128 EACH 1 $4,800.00 $4,800.00 0.55 0.45 $2,640.00 $2,160.00
2502.541 6" PERF PVC PIPE DRAIN LIN FT 330 $13.00 $4,290.00 165 165 $2,145.00 $2,145.00
2502.541 4" PERF PE PIPE DRAIN LIN FT 1600 $7.00 $11,200.00 1600 $11,200.00
2502.602 CONNECT TO EXISTING PIPE DRAIN EACH 1 $510.00 $510.00 1 $510.00
2502.603 DRAINTILE TYPE SPECIAL LIN FT 1257 $11.00 $13,827.00 800 457 $8,800.00 $5,027.00
2503.511 6" PVC PIPE SEWER LIN FT 25 $52.00 $1,300.00 25 $1,300.00
2503.511 8" PVC PIPE SEWER (SDR 26)LIN FT 3584 $50.00 $179,200.00 3584 $179,200.00
2503.511 15" PVC PIPE SEWER (SDR 26)LIN FT 1760 $62.00 $109,120.00 1760 $109,120.00
2503.511 15" PVC PIPE SEWER (C-900) (DR-54)LIN FT 1379 $77.00 $106,183.00 1379 $106,183.00
2503.521 65" SPAN RC PIPE-ARCH SEWER CL IIA LIN FT 389 $158.00 $61,462.00 213.95 175.05 $33,804.10 $27,657.90
2503.521 73" SPAN RC PIPE-ARCH SEWER CL IIA LIN FT 255 $174.00 $44,370.00 140.25 114.75 $24,403.50 $19,966.50
2503.541 12" RC PIPE SEWER DES 3006 CL IV LIN FT 1548 $40.00 $61,920.00 545.95 658.6 343.45 $21,838.00 $26,344.00 $13,738.00
2503.541 15" RC PIPE SEWER DES 3006 CL IV LIN FT 883 $41.00 $36,203.00 99.9 390.71 392.39 $4,095.90 $16,019.11 $16,087.99
2503.541 18" RC PIPE SEWER DES 3006 CL IV LIN FT 688 $39.00 $26,832.00 155.1 307.94 224.96 $6,048.90 $12,009.66 $8,773.44
2503.541 21" RC PIPE SEWER DES 3006 CL IV LIN FT 305 $42.00 $12,810.00 32.93 272.07 $1,383.06 $11,426.94
2503.541 24" RC PIPE SEWER DES 3006 CL IV LIN FT 78 $49.00 $3,822.00 42.9 35.1 $2,102.10 $1,719.90
2503.541 27" RC PIPE SEWER DES 3006 CL IV LIN FT 150 $58.00 $8,700.00 150 $8,700.00
2503.541 54" RC PIPE SEWER DES 3006 CL IV LIN FT 209 $151.00 $31,559.00 114.95 94.05 $17,357.45 $14,201.55
2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $1,800.00 $1,800.00 0.55 0.45 $990.00 $810.00
2503.602 8"X4" PVC WYE EACH 38 $150.00 $5,700.00 38 $5,700.00
2503.602 8"X6" PVC WYE EACH 8 $200.00 $1,600.00 8 $1,600.00
2503.602 15"X4" PVC WYE EACH 37 $750.00 $27,750.00 37 $27,750.00
CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT
SAP 082-617-013 EXHIBIT C
SAP 206-108-002
BID OPENING: May 5, 2016
ITEM
NO.ITEM DESCRIPTION UNIT
TOTAL
QUANTITY UNIT COST TOTAL COST SAP 082-617-013
QUANTITY
SAP 206-108-002
QUANTITY
CP 2014-37
QUANTITY
SAP 082-617-013
COST
SAP 206-108-002
COST
CP 2014-37
COST
2503.603 12" PP PIPE SEWER LIN FT 580 $32.00 $18,560.00 580 $18,560.00
2503.603 15" PP PIPE SEWER LIN FT 233 $35.00 $8,155.00 233 $8,155.00
2503.603 18" PP PIPE SEWER LIN FT 375 $38.00 $14,250.00 375 $14,250.00
2503.603 30" PP PIPE SEWER LIN FT 1163 $62.00 $72,106.00 1163 $72,106.00
2503.603 4" PVC SANITARY SERVICE PIPE (SCH 40)LIN FT 3010 $32.00 $96,320.00 3010 $96,320.00
2503.603 6" PVC SANITARY SERVICE PIPE (SCH 40)LIN FT 335 $37.00 $12,395.00 335 $12,395.00
2503.603 TELEVISING (INSPECT SANITARY SEWER)LIN FT 6723 $1.50 $10,084.50 6723 $10,084.50
2503.611 PUMPING DAY 120 $60.00 $7,200.00 66 54 $3,960.00 $3,240.00
2504.601 16" PRESSURE REDUCING VALVE LUMP SUM 1 $109,000.00 $109,000.00 1 $109,000.00
2504.601 TEMPORARY WATER SERVICE LUMP SUM 1 $21,500.00 $21,500.00 1 $21,500.00
2504.602 CONNECT TO EXISTING WATER MAIN EACH 14 $2,500.00 $35,000.00 14 $35,000.00
2504.602 CONNECT TO EXISTING WATER SERVICE EACH 86 $280.00 $24,080.00 86 $24,080.00
2504.602 HYDRANT EACH 17 $4,100.00 $69,700.00 17 $69,700.00
2504.602 1" CORPORATION STOP EACH 64 $170.00 $10,880.00 64 $10,880.00
2504.602 2" CORPORATION STOP EACH 22 $520.00 $11,440.00 22 $11,440.00
2504.602 1" CURB STOP & BOX EACH 64 $300.00 $19,200.00 64 $19,200.00
2504.602 2" CURB STOP & BOX EACH 22 $600.00 $13,200.00 22 $13,200.00
2504.602 6" GATE VALVE & BOX EACH 21 $1,400.00 $29,400.00 21 $29,400.00
2504.602 8" GATE VALVE & BOX EACH 11 $1,900.00 $20,900.00 11 $20,900.00
2504.602 12" GATE VALVE & BOX EACH 4 $3,300.00 $13,200.00 4 $13,200.00
2504.602 16" BUTTERFLY VALVE & BOX EACH 5 $2,900.00 $14,500.00 5 $14,500.00
2504.603 1" TYPE K COPPER PIPE LIN FT 2353 $36.00 $84,708.00 2353 $84,708.00
2504.603 2" TYPE K COPPER PIPE LIN FT 818 $48.00 $39,264.00 818 $39,264.00
2504.603 6" WATERMAIN DUCTILE IRON CL 52 LIN FT 649 $45.00 $29,205.00 649 $29,205.00
2504.603 8" WATERMAIN DUCTILE IRON CL 52 LIN FT 1694 $50.00 $84,700.00 1694 $84,700.00
2504.603 12" WATERMAIN DUCTILE IRON CL 52 LIN FT 1974 $65.00 $128,310.00 1974 $128,310.00
2504.603 16" WATERMAIN DUCTILE IRON CL 52 LIN FT 2330 $82.00 $191,060.00 2330 $191,060.00
2504.603 16" WATERMAIN DUCTILE IRON CL 52 (IN CASING)LIN FT 70 $113.00 $7,910.00 70 $7,910.00
2504.603 36" STEEL CASING PIPE (JACKED)LIN FT 70 $740.00 $51,800.00 70 $51,800.00
2504.61 WATERMAIN FITTINGS POUND 8695 $7.00 $60,865.00 8695 $60,865.00
2506.5 CONST DRAINAGE STRUCTURE DESIGN H LIN FT 39 $230.00 $8,970.00 30.45 8.55 $7,003.50 $1,966.50
2506.5 CONST DRAINAGE STRUCTURE DESIGN G LIN FT 8 $320.00 $2,560.00 4.4 3.6 $1,408.00 $1,152.00
2506.5 CONST DRAINAGE STRUCTURE DESIGN F LIN FT 29 $215.00 $6,235.00 25.85 3.15 $5,557.75 $677.25
2506.501 CONST DRAINAGE STRUCTURE DESIGN SD-48 LIN FT 43 $300.00 $12,900.00 3 26.7 13.3 $900.00 $8,010.00 $3,990.00
2506.5 CONST DRAINAGE STRUCTURE DESIGN SD-96 LIN FT 12 $890.00 $10,680.00 6.6 5.4 $5,874.00 $4,806.00
2506.501 CONST DRAINAGE STRUCTURE DESIGN SD-108 LIN FT 5 $1,520.00 $7,600.00 2.75 2.25 $4,180.00 $3,420.002506.5 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 124 $320.00 $39,680.00 71.65 52.35 $22,928.00 $16,752.00
2506.5 CONST DRAINAGE STRUCTURE DES 54-4020 LIN FT 67 $310.00 $20,770.00 67 $20,770.00
2506.5 CONST DRAINAGE STRUCTURE DES 60-4020 LIN FT 5 $460.00 $2,300.00 5 $2,300.00
2506.5 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 10 $470.00 $4,700.00 10 $4,700.00
2506.501 CONST DRAINAGE STRUCTURE DES 96-4020 LIN FT 16 $890.00 $14,240.00 8.8 7.2 $7,832.00 $6,408.00
2506.501 CONST DRAINAGE STRUCTURE DES 108-4020 LIN FT 7 $1,520.00 $10,640.00 3.85 3.15 $5,852.00 $4,788.00
2506.5 CONST DRAINAGE STRUCTURE DES 120-4020 LIN FT 22 $1,620.00 $35,640.00 12.1 9.9 $19,602.00 $16,038.00
2506.5 CONSTRUCT DRAINAGE STRUCTURE DES 4007 (EXTRA DEPTH)LIN FT 171 $175.00 $29,925.00 171 $29,925.00
2506.502 CONST DRAINAGE STRUCTURE DESIGN SPECIAL EACH 1 $6,500.00 $6,500.00 1 $6,500.00
2506.502 CONST DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH 1 $1,200.00 $1,200.00 1 $1,200.00
2506.502 CONSTRUCT DRAINAGE STRUCT DESIGN DROP INLET EACH 1 $1,500.00 $1,500.00 0.89 0.11 $1,335.00 $165.00
2506.502 CONSTRUCT DRAINAGE STRUCTURE DES 4007 (0'-10')EACH 27 $3,670.00 $99,090.00 27 $99,090.00
2506.516 CASTING ASSEMBLY EACH 116 $1,040.00 $120,640.00 41.3 23.14 51.56 $42,952.00 $24,065.60 $53,622.40
CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT
SAP 082-617-013 EXHIBIT C
SAP 206-108-002
BID OPENING: May 5, 2016
ITEM
NO.ITEM DESCRIPTION UNIT
TOTAL
QUANTITY UNIT COST TOTAL COST SAP 082-617-013
QUANTITY
SAP 206-108-002
QUANTITY
CP 2014-37
QUANTITY
SAP 082-617-013
COST
SAP 206-108-002
COST
CP 2014-37
COST
2506.522 ADJUST FRAME & RING CASTING EACH 5 $525.00 $2,625.00 3 2 $1,575.00 $1,050.00
2506.6 INFILTRATION SYSTEM LUMP SUM 1 $5,000.00 $5,000.00 0.89 0.11 $4,450.00 $550.00
2506.6 CONST DRAINAGE STRUCTURE DESIGN SPECIAL 2 (SAFL BAFFLE)EACH 2 $8,500.00 $17,000.00 2 $17,000.00
2506.603 CONSTRUCT 8" OUTSIDE DROP LIN FT 17 $175.00 $2,975.00 17 $2,975.00
2506.6 CONST DRAINAGE STRUCTURE TYPE 402 LIN FT 27 $370.00 $9,990.00 15.13 11.87 $5,598.10 $4,391.90
2506.6 CONST DRAINAGE STRUCTURE TYPE 404 LIN FT 19 $250.00 $4,750.00 13.35 5.65 $3,337.50 $1,412.50
2506.6 CONST DRAINAGE STRUCTURE TYPE 405-48"LIN FT 9 $290.00 $2,610.00 8.01 0.99 $2,322.90 $287.10
2506.603 CONST DRAINAGE STRUCTURE TYPE 406-48"LIN FT 40 $320.00 $12,800.00 35.6 4.4 $11,392.00 $1,408.00
2506.603 CONST DRAINAGE STRUCTURE TYPE 406-54"LIN FT 12 $450.00 $5,400.00 4.45 7.55 $2,002.50 $3,397.50
2506.603 CONST DRAINAGE STRUCTURE TYPE 406-78"LIN FT 6 $590.00 $3,540.00 6 $3,540.00
2511.501 RANDOM RIPRAP CLASS II CU YD 14 $80.00 $1,120.00 12.46 1.54 $996.80 $123.20
2511.501 RANDOM RIPRAP CLASS IV CU YD 17 $80.00 $1,360.00 17 $1,360.00
2511.515 GEOTEXTILE FILTER TYPE II SQ YD 63 $6.00 $378.00 56.07 6.93 $336.42 $41.58
2511.515 GEOTEXTILE FILTER TYPE IV SQ YD 48 $6.00 $288.00 48 $288.00
2521.501 5" CONCRETE WALK SQ FT 26846 $4.25 $114,095.50 10871 9173 6802 $46,201.75 $38,985.25 $28,908.50
2521.501 5" CONCRETE WALK-EXPOSED AGGREGATE SQ FT 200 $11.75 $2,350.00 200 $2,350.00
2521.618 5" CONCRETE WALK SPECIAL DESIGN 1 SQ FT 18563 $8.00 $148,504.00 18563 $148,504.00
2521.618 5" CONCRETE WALK SPECIAL DESIGN 2 SQ FT 1185 $20.26 $24,008.10 1185 $24,008.10
2531.501 CONCRETE CURB & GUTTER DESIGN B418 LIN FT 34 $25.75 $875.50 34 $875.50
2531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 3979 $13.25 $52,721.75 85 3894 $1,126.25 $51,595.50
2531.501 CONCRETE CURB & GUTTER DESIGN D418 LIN FT 971 $15.50 $15,050.50 971 $15,050.50
2531.501 CONCRETE CURB & GUTTER DESIGN B424 LIN FT 254 $16.75 $4,254.50 254 $4,254.50
2531.501 CONCRETE CURB & GUTTER DESIGN B624 LIN FT 7942 $15.25 $121,115.50 7942 $121,115.50
2531.507 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 1027 $54.25 $55,714.75 720 307 $39,060.00 $16,654.75
2531.507 6" CONCRETE DRIVEWAY PAVEMENT - HIGH EARLY SQ YD 400 $58.50 $23,400.00 400 $23,400.00
2531.602 PEDESTRIAN CURB RAMP EACH 26 $450.00 $11,700.00 19 2 5 $8,550.00 $900.00 $2,250.00
2531.618 TRUNCATED DOMES SQ FT 578 $38.00 $21,964.00 432.5 36 109.5 $16,435.00 $1,368.00 $4,161.00
2533.507 PORTABLE PRECAST CONC BARRIER DES 8337 LIN FT 1215 $17.00 $20,655.00 1215 $20,655.00
2540.601 CAST-IN-PLACE CONCRETE PLANTER AND SEATWALL LUMP SUM 1 $25,400.00 $25,400.00 1 $25,400.00
2540.602 MAIL BOX SUPPORT EACH 48 $150.00 $7,200.00 27 19 2 $4,050.00 $2,850.00 $300.00
2540.618 CONCRETE PAVERS (PERMEABLE)SQ FT 700 $2.05 $1,435.00 700 $1,435.00
2554.509 GUIDE POST TYPE B EACH 6 $75.00 $450.00 1.55 3.56 0.89 $116.25 $267.00 $66.75
2554.602 IMPACT ATTENUATOR BARRELS EACH 90 $160.00 $14,400.00 90 $14,400.00
2557.603 WOODEN FENCE LIN FT 362 $35.00 $12,670.00 362 $12,670.00
2557.603 INSTALL WOODEN FENCE LIN FT 150 $40.00 $6,000.00 150 $6,000.00
2563.601 TRAFFIC CONTROL LUMP SUM 1 $28,000.00 $28,000.00 0.4285 0.1267 0.4448 $11,998.00 $3,547.60 $12,454.40
2561.601 TEMPORARY PEDESTRIAN ACCESS CONTROL LUMP SUM 1 $5,000.00 $5,000.00 1 $5,000.00
2561.610 TRAFFIC CONTROL (RR FLAGGING)HOUR 80 $120.00 $9,600.00 80 $9,600.00
2563.618 CONSTRUCTION SIGN-SPECIAL SQ FT 120 $14.00 $1,680.00 120 $1,680.00
2564.531 SIGN PANELS TYPE C SQ FT 391 $34.00 $13,294.00 320 65 6 $10,880.00 $2,210.00 $204.00
2564.531 SIGN PANELS TYPE SPECIAL SQ FT 81 $30.00 $2,430.00 45 18 18 $1,350.00 $540.00 $540.00
2564.536 INSTALL SIGN PANEL TYPE C EACH 4 $150.00 $600.00 4 $600.00
2565.616 REVISE SIGNAL SYSTEM SYSTEM 1 $18,000.00 $18,000.00 1 $18,000.00
CSAH 17 (LAKE ELMO AVENUE) PHASE 2 COST SPLIT
SAP 082-617-013 EXHIBIT C
SAP 206-108-002
BID OPENING: May 5, 2016
ITEM
NO.ITEM DESCRIPTION UNIT
TOTAL
QUANTITY UNIT COST TOTAL COST SAP 082-617-013
QUANTITY
SAP 206-108-002
QUANTITY
CP 2014-37
QUANTITY
SAP 082-617-013
COST
SAP 206-108-002
COST
CP 2014-37
COST
2571.502 DECIDUOUS TREE 2.5" CAL B&B TREE 89 $440.00 $39,160.00 89 $39,160.00
2571.503 ORNAMENTAL TREE 8' HT CONT TREE 15 $350.00 $5,250.00 15 $5,250.00
2571.504 CONIFEROUS SHRUB 3' HT CONT SHRUB 15 $100.00 $1,500.00 15 $1,500.00
2571.507 PERENNIAL NO 3 CONT PLANT 541 $32.00 $17,312.00 541 $17,312.00
2573.502 SILT FENCE, TYPE SD LIN FT 150 $3.00 $450.00 150 $450.00
2573.502 SILT FENCE, TYPE MS LIN FT 1378 $2.25 $3,100.50 661 717 $1,487.25 $1,613.25
2573.505 FLOTATION SILT CURTAIN TYPE STILL WATER LIN FT 200 $3.00 $600.00 200 $600.00
2573.530 STORM DRAIN INLET PROTECTION EACH 89 $130.00 $11,570.00 51 27 11 $6,630.00 $3,510.00 $1,430.00
2573.533 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 3661 $2.50 $9,152.50 2313 1348 $5,782.50 $3,370.00
2573.535 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 $3,500.00 $3,500.00 0.6 0.2 0.2 $2,100.00 $700.00 $700.00
2573.560 CULVERT END CONTROLS EACH 1 $200.00 $200.00 1 $200.00
2573.601 STORM WATER MANAGEMENT LUMP SUM 1 $7,500.00 $7,500.00 0.89 0.11 $6,675.00 $825.00
2573.601 PERMANENT SEDIMENT TRAP - UNDERGROUND STORAGE SYSTEM LUMP SUM 1 $63,000.00 $63,000.00 1 $63,000.00
2574.508 FERTILIZER TYPE 4 POUND 32 $6.00 $192.00 32 $192.00
2574.525 FILTER TOPSOIL BORROW CU YD 223 $32.00 $7,136.00 198.47 24.53 $6,351.04 $784.96
2574.525 PLANTING SOIL MIX CU YD 300 $36.00 $10,800.00 300 $10,800.00
2575.501 SEEDING ACRE 0 $3,500.00 $735.00 0.21 $735.00
2575.502 SEED MIXTURE 33-261 POUND 4 $200.00 $800.00 4 $800.00
2575.502 SEED MIXTURE 35-221 POUND 4 $200.00 $800.00 4 $800.00
2575.505 SODDING TYPE LAWN SQ YD 17128 $5.50 $94,204.00 7950 7239 1939 $43,725.00 $39,814.50 $10,664.50
2575.523 EROSION CONTROL BLANKETS CATEGORY 00 SQ YD 267 $3.00 $801.00 267 $801.00
2575.523 EROSION CONTROL BLANKETS CATEGORY 3N SQ YD 782 $2.25 $1,759.50 782 $1,759.50
2575.562 HYDRAULIC MATRIX TYPE MULCH POUND 7434 $0.75 $5,575.50 3444 3150 840 $2,583.00 $2,362.50 $630.00
2582.501 PAVT MSSG (LEFT ARROW) - POLY PREFORM - GR IN EACH 2 $500.00 $1,000.00 2 $1,000.00
2582.501 PAVT MSSG (RIGHT ARROW) - POLY PREFORM - GR IN EACH 2 $500.00 $1,000.00 2 $1,000.00
2582.501 PAVT MSSG (RR XING) - POLY PREFORM - GR IN EACH 2 $2,000.00 $4,000.00 2 $4,000.00
2582.502 24" STOP LINE WHITE - POLY PREF (GR-IN)LIN FT 25 $38.00 $950.00 25 $950.00
2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT LIN FT 3610 $0.50 $1,805.00 3610 $1,805.00
2582.502 4" SOLID LINE WHITE - PAINT LIN FT 6415 $0.30 $1,924.50 6415 $1,924.50
2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT LIN FT 1975 $0.50 $987.50 1975 $987.50
2582.502 4" SOLID LINE WHITE - PAINT LIN FT 3765 $0.30 $1,129.50 3765 $1,129.50
2582.502 4" DOUBLE SOLID LINE YELLOW - EPOXY (WR)LIN FT 3610 $1.75 $6,317.50 3610 $6,317.50
2582.502 4" SOLID LINE WHITE - EPOXY (WR)LIN FT 6415 $1.00 $6,415.00 6415 $6,415.00
2582.502 4" DOUBLE SOLID LINE YELLOW - EPOXY LIN FT 1975 $0.75 $1,481.25 1975 $1,481.25
2582.502 4" SOLID LINE WHITE - EPOXY LIN FT 3765 $0.50 $1,882.50 3765 $1,882.50
2582.503 CROSSWALK MARKING - POLY PREFORM - GR IN SQ FT 1120 $13.00 $14,560.00 1030 90 $13,390.00 $1,170.00
Total $6,162,046.13 $2,703,607.39 $808,943.78 $2,649,494.96
+7% Contingency $6,593,389.36 $2,892,859.91 $865,569.84 $2,834,959.61
MAYOR AND COUNCIL COMMUNICATION
DATE: May 3, 2016
REGULAR
ITEM #: 12
AGENDA ITEM: 2016 Street Improvements – Adopt Resolution 2016-31 Approving 2016 Street and
Utility Improvements and Rescinding Resolution 2015-82 – Resolution 2016-31
SUBMITTED BY: Kristina Handt, City Administrator
REVIEWED BY: Cathy Bendel, Finance Director
Sarah Sonsalla, City Attorney
Jack Griffin, City Engineer
BACKGROUND: As was discussed at the last meeting, Resolution 2015-82 Ordering the 2016 Street, Drainage and Utility
Improvements and the Preparation of Plans and Specifications as amended did not pass with a 4/5th vote which is required under statue in order to special assess for a project not initiated by a petition. Since it
wasn’t approved with a 4/5th vote, bond counsel will not allow these projects to be included in the 2016A
Bond Series.
ISSUE BEFORE COUNCIL:
Should the Council vote to rescind the previous resolution and adopt a new one with a 4/5th vote?
PROPOSAL DETAILS/ANALYSIS: As mentioned, staff is asking Council to consider rescinding the previous resolution and approving a new
one by a 4/5th vote. Regardless of whether or not a new resolution passes by a 4/5th vote, the projects will happen as the Council has already awarded a contract and work has begun.
In addition to impacting the 2016 bonding, if the resolution is not passed by a 4/5th vote, the city will not be able to special assess for these projects. The 6 month period from the hearing date expires on May 4,
2016 so Council will not be able to table this to a future meeting date.
FISCAL IMPACT: The 2016A Bond Series proposes that $1,175,000.00 be bonded for to cover the 2016 Improvements for
the Kirkwood, Stonegate and Kelvin street projects. Total street project costs are $1,195,000 but after review by the Finance Committee last month, bond amounts were reduced in anticipation of receiving
some special assessment funds early. If this resolution is not passed, alternative funds would need to be identified for $1,195,000.
If the resolution is amended to remove just the Kelvin Ave portions, $290,000 for streets and $105,000
for the trunk line would be removed from the 2016A Bond Series. The trunk line portion could be included in the bond and funded from water revenues, but again the City could not special assess to
recover some costs. Alternative funds would need to be identified. The lateral north of Kelvin Ct was petitioned so that could move separately.
Likely alternative funds would be reducing the City’s fund balance (general and water funds) by said
amounts.
OPTIONS: 1) Approve Resolution 2016-31 Approving 2016 Street and Utility Improvements and Rescinding
Resolution 2015-82 2) Amend Resolution 2016-31 to remove the Kelvin Ave street project, then approve
3) Take no action (will result in Council needing to amend Resolution 2016-28 to remove 2016 street projects-next agenda item)
RECOMMENDATION: Option 1.
Resolution No. 2016-31
478374v1 SJS LA515-1
1
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION NO. 2016-31
A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2016 STREET, DRAINAGE & UTILITY IMPROVEMENTS
WHEREAS, pursuant a resolution of the city council adopted the 6th day of October,
2015, the council ordered a hearing on Improvement for the 2016 Street, Drainage and Utility Improvements; and WHEREAS, ten days’ mailed notice and two weeks published notice of the hearing was
given, and the hearing was held thereon on the 4th day of November, 2015, at which all persons
desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated
September 2015 states that the project is necessary, cost-effective, and feasible.
NOW, THEREFORE, BE IT RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the
Feasibility Report dated September 2015.
2. Such improvement is hereby ordered as proposed in the council resolution adopted this 19th day of April, 2016.
3. The city council declares its official intent to reimburse itself for the costs of the
improvement from the proceeds of tax exempt bonds.
4. The city engineer is hereby designated as the engineer for making this improvement.
5. The city engineer shall retain the services of a consulting engineering firm to assist,
where needed, to prepare Plans and Specifications for the making of such improvement
and to assist the city engineer during the construction phase of the improvement as requested.
6. The engineer and his consultants shall oversee the preparation of the Plans and
Specifications for the making of such improvement.
7. City Council Resolution No. 2015-82, adopted on November 4, 2015, is hereby rescinded.
Resolution No. 2016-31
478374v1 SJS LA515-1
2
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 3rd DAY OF MAY, 2016. CITY OF LAKE ELMO
By: __________________________ Mike Pearson Mayor
(Seal)
ATTEST:
________________________________
Julie Johnson
City Clerk
MAYOR AND COUNCIL COMMUNICATION
DATE: 5/3/2016
REGULAR
ITEM #: 14 Public Hearing
MOTION
AGENDA ITEM: Interim Use Permit for a Commercial Wedding Ceremony Venue
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Emily Becker, City Planner
SUGGESTED ORDER OF BUSINESS:
- Introduction ....................................................................................... Planning Staff
- Report by Staff ................................................................................... Planning Staff
- Questions from the Council .................................................... Mayor& City Council
- Open the Public Hearing ................................................................................ Mayor
- Close the Public Hearing ................................................................................ Mayor
- Discussion by the Commission ................................................ Mayor& City Council
- Action by the Commission....................................................... Mayor& City Council
SUMMARY AND ACTION REQUESTED:
Carol Palmquist is requesting approval of a 10-year Interim Use Permit to establish a Commercial
Wedding Ceremony Venue to be located at 12202 55th Street N. Staff and the Planning Commission
recommend approval a 5-year Interim Use Permit with conditions with the following motion:
“Move to approve Resolution 2016-19 granting a 5-year Interim Use Permit for a Commercial
Wedding Ceremony Venue with 13 conditions”.
BACKGROUND AND STAFF REPORT:
Carol Palmquist is requesting approval of a 10-year Interim Use Permit to establish a Commercial
Wedding Ceremony Venue on her residential property located at 12202 55th Street N. On February 16,
2016, the City Council approved an amendment to the Commercial Wedding Ceremony Venue ordinance
to allowed the venues as an accessory use with an interim use permit in the A – Agriculture, RT – Rural
Transitional, and RR-Rural Residential zoning districts on parcels 10 acres in size or greater, increased
the allowed number of venues to no more than four per week, no more than 2 per day, requires an
operator or responsible designee be on the premises for the duration of each event, and exempts
applicants from the commercial parking and curbing requirements of Section 154.210. On February 22,
2016, the Planning Commission held a public hearing. At the public hearing, three residents spoke on the
item. One spoke in favor of the item and the two others expressed concerns about noise, environmental
concerns, and the city’s poor maintenance of the road. Of those that spoke, none were opposed to the
City Council Meeting [Public Hearing Item 14]
May 3, 2016
proposal. The Planning Commission discussed primarily focused on the duration of the interim use
permit, and the issues of noise and emergency vehicle access requirements. The Planning Commission
recommended approval of a 5-year Interim Use Permit with 13 conditions.
Note: Since the Planning Commission meeting, Staff has determined the existing paved residential cannot
serve as an emergency access for the Wedding Venue due to being more than 150 feet away from the
gathering area. The applicant will need to pave the entrance drive to the field to a 7 ton standard, 18 feet
in width to meet the Code requirements as originally written in condition number 2. Also, the conditions
related to tent permitting, 7 and 8, are required by the building code regardless of them being a condition
or not. The conditions have been included to inform the applicant of the building code provisions.
This item was pulled from the 4/19 City council agenda due to it being advertised in the alternate
newspaper. Since then, the City learned it could only have a single local paper to advertise public notices.
CONDITIONS OF APPROVAL:
On February 22, 2016, City Staff had presented 10 conditions of approval in the Staff report. The
Planning Commission amended conditions 2 and 6, and added three additional conditions
(underlined), however condition two will not meet the need for emergency access. The
recommended conditions of approval are:
1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event.
2) That the access driveway be 18’ wide and designed to a 7 ton standard to accommodate
emergency service vehicles to the northerly extent of the parking area, or that the access
driveway be 18’ wide, designed to the 7 ton standard to the edge of the field and that the
adjacent private drive remain clear during venues for emergency service vehicles.
3) That accessible parking be provided and signed as handicapped parking with an
accessible path connecting the sanitary facilities and the public assembly area.
4) That the applicant maintains compliance with all applicable City Code standards for the
duration of the interim use.
5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code.
6) That the interim use is valid for a period of ten five years and must be renewed by the
City Council prior to the end of this time period in order to continue operating from the
site.
7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required.
• Temporary structure installer is required to submit a complete plan from the
manufacture for installation including tie down instructions that conform to the 90
MPH wind loading in the Minnesota State Building Code.
8) Applicant must comply with all applicable requirements of the MN State Fire Code:
City Council Meeting [Public Hearing Item 14]
May 3, 2016
• Chapter 24, “Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code.
• Section 503, “fire Apparatus Access Roads”, of the 2007 Fire Code.
• Section 906, “Portable Fire Extinguishers”, of the 2007 Fire Code.
9) That the applicant/owner maintain a contract to supply and maintain (4) temporary
sanitary facilities while in operation and that at least one temporary sanitary facility be
handicapped accessible and placed on an accessible route.
10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes.
11) Applicant enter into a maintenance agreement with the City to maintain 55th Street west
of Marquess Trail to the applicant’s field road through the term of the Interim Use
Permit
12) Submit an erosion control plan with any extension of the gravel entrance road.
13) Submit the results of an instrumented measurement of sound at the east and west
property lines at the wedding ceremony site to demonstrate compliance with the City’s
noise ordinance.
REQUIRED FINDINGS:
An interim use permit may be granted only if the City Council finds as follows:
1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust,
or unsightliness and will not otherwise adversely impact the health, safety, and welfare of
the community.
3. The use will not adversely impact implementation of the Comprehensive Plan. 4. The user agrees to all conditions that the City Council deems appropriate to establish the
interim use. This may include the requirement of appropriate financial surety such as a
letter of credit or other security acceptable to the City to cover the cost of removing the
interim use and any interim structures not currently existing on the site, upon the
expiration of the interim use permit. 5. There are no delinquent property taxes, special assessments, interest, or city utility fees
due upon the subject parcel.
6. The date or event terminating the interim use shall be set by the City Council at the time
of approval.
Staff and the Planning Commission believe the application meets each of the above listed
findings.
City Council Meeting [Public Hearing Item 14]
May 3, 2016
RECOMMENDATION:
Staff and the Planning Commission recommend approval a 5-year Interim Use Permit with conditions
with the following motion:
“Move to approve Resolution 2016-19 granting a 5-year Interim Use Permit for a Commercial
Wedding Ceremony Venue with 13 conditions”.
ATTACHMENT(S):
• Commercial Wedding Ceremony Venue Ordinance
• Resolution 2016-19
• 2/22/16 Planning Commission Minutes
Resolution 2016-13
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-19 A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR CAROL PALMQUIST TO
ESTABLISH A COMMERCIAL WEDDING CEREMONY VENUE AT 12202 55TH STREET N. WHEREAS, the City of Lake Elmo has approved a Commercial Wedding Ceremony
Venue ordinance on 2/21/13; and
WHEREAS, the Commercial Wedding Ceremony Venue ordinance was amended on
5/6/14, and on 3/19/16; and
WHEREAS, the applicant, Carol Palmquist, residing at 12202 55th Street N, applied for
an Interim Use Permit to establish a Commercial Wedding Ceremony Venue as an accessory use
on her property; and
WHEREAS, the Planning Commission held a public hearing on February 22, 2016; and
WHEREAS, the Planning Commission found the proposed Interim Use adequately
conforms to the following findings of fact:
1) The use is allowed as an interim use in the respective zoning district and conforms to
standard zoning regulations.
2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of
the community.
3) The use will not adversely impact implementation of the Comprehensive Plan.
4) The date or event that will terminate the use is identified with certainty. The applicant
has specified in the application materials that the use will terminate once the property is
sold or developed under future zoning.
5) The applicant has signed a consent agreement agreeing that the applicant, owner,
operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future.
6) The user agrees to all conditions that the City Council deems appropriate for permission
of the use including the requirement of appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon the expiration of the interim use
permit.
7) There are no delinquent property taxes, special assessments, interest, or city utility fees
due upon the subject parcel; and
Resolution 2016-13
WHEREAS, on February 22, 2016, the Planning Commission recommended the City
Council approve the Interim Use Permit with 13 conditions; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the five year Interim Use Permit to establish a Commercial Wedding Ceremony Venue
at 12202 55th Street N with the following conditions:
1) That a parking attendant be on site to assist with cars arriving and exiting the site for
each wedding ceremony event. 2) That the access driveway be 18’ wide and designed to a 7 ton standard to accommodate
emergency service vehicles to the northerly extent of the parking area.
3) That accessible parking be provided and signed as handicapped parking with an
accessible path connecting the sanitary facilities and the public assembly area.
4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use.
5) That the applicant enters into a consent agreement with the City in accordance with
Section 154.107 of the City Code.
6) That the interim use is valid for a period of five years and must be renewed by the City
Council prior to the end of this time period in order to continue operating from the site.
7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures
and uses. Building permit and inspection will be required.
• Temporary structure installer is required to submit a complete plan from the
manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code.
8) Applicant must comply with all applicable requirements of the MN State Fire Code:
• Chapter 24, “Tents, Canopies and other Membrane Structures of the 2007
Minnesota Fire Code.
• Section 503, “fire Apparatus Access Roads”, of the 2007 Fire Code.
• Section 906, “Portable Fire Extinguishers”, of the 2007 Fire Code.
9) That the applicant/owner maintain a contract to supply and maintain (4) temporary
sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route.
10) Any Portable power/ generators/ Heaters or other like equipment shall be
placed/installed in accordance with the manufacture installation instructions and the
applicable codes.
11) Applicant enter into a maintenance agreement with the City to maintain 55th Street west of Marquess Trail to the applicant’s field road through the term of the Interim Use
Permit
12) Submit an erosion control plan with any extension of the gravel entrance road.
Resolution 2016-13
13) Submit the results of an instrumented measurement of sound at the east and west
property lines at the wedding ceremony site to demonstrate compliance with the City’s
noise ordinance.
This resolution was adopted by the City Council of the City of Lake Elmo on this _ day of _____________, 2016.
_____________________________
Mike Pearson, Mayor ATTEST:
___________________________
Julie Johnson, City Clerk
Lake Elmo Planning Commission Minutes; 2-22-16
City of Lake Elmo
Planning Commission Meeting
Minutes of February 22, 2016
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Haggard, Kreimer, Dunn, Larson, Griffin, Lundquist and
Williams.
COMMISSIONERS ABSENT: Fields & Dodson
STAFF PRESENT: Planning Director Wensman
Approve Agenda:
The agenda was accepted as amended.
Approve Minutes: January 11, 2016
M/S/P: Williams/Kreimer move to approve the January 11, 2016 minutes excluding the
vote on the November 23, 2015 minutes, Vote: 7-0, motion carried unanimously.
Public Hearing Interim Use Permit Application – Commercial Wedding Ceremony.
Wensman started his presentation regarding the Palmquist Commercial Wedding
Ceremony Venue. This request is for a 10 year interim use permit on an agricultural
property at 12202 55th Street N. The applicant is requesting wedding ceremonies
adjacent to the vineyard with turf parking. There would be 3-4 employees and up to
200 guests. There would be up to 4 events per week from May – October, with no more
than 3 venues on any Saturday. Hours would be 10 am – 10 pm. The noise ordinance
would be complied with and there would be a traffic attendant during venues. There
will be trash receptacles and temporary tents that comply with code.
Access from the site would be off of 55th Street. 55th street becomes a gravel drive after
Carriage Station. The engineer is concerned about long term maintenance. There are a
couple of options 1) there could be a maintenance agreement or 2) they could require a
paved cul-de-sac and assess the improvements. All activites will be taking place in an
open field. There is no structure being used in this case, however, there would need to
be restroom facilities. Staff is recommending approval with 12 conditions.
2
Lake Elmo Planning Commission Minutes; 2-22-16
Williams asked about the tent. The ordinance states that it has to be taken down within
72 hours of the event. Based on the comment of the Building Official, will they need a
permit each time a tent is put up. Wensman stated that yes they would.
Dunn asked about the storm water management plan. Wensman stated that the City is
requiring upgrades to the driveway for safety purposes. Williams asked if there is a turn
around. Wensman stated that there is not a structure and it is not as difficult of an
entry.
Carol Palmquist, 12202 55th Street, is the applicant and stated that she has maintained
the gravel road. She is not prepared to pay the assessment for a paved road or a cul-de-
sac.
Kreimer asked why she is asking for 10 years for the IUP. Palmquist stated that she is
asking for 10 years as she has additional expense to get the business off the ground.
Griffin asked about the field road. She is wondering how far it will go into the property
and how wide it will be.
Public Hearing opened at 7:38 pm.
Chip Longacre, 12058 55th Street N, is dismayed that it is being made so difficult for Ms.
Palmquist to make a little money from her property. The City has done a poor job of
maintaining the gravel road in front of property.
Carolyn Cary, 5201 Linden Ave, wants the City to understand how to abate the noise.
There are a number of environmental issues that have an impact.
Donna Sloan, 12208 Marquess Lane, she does not have a problem with this venue as
long as it complies with the sound, traffic, and other issues. She would like to know
what happens if it does not comply.
Wensman stated that if there is a problem, the City woud contact Ms. Palmquist to
bring it into compliance. If there is a chronic problem, staff would document that and
take appropriate steps to revoke the permit.
There were no electronic or written comments.
Public Hearing closed at 7:49 pm.
Dunn does not think that the paved 7 ton road is necessary as her driveway is paved.
She would like to see condition #2 removed. She is in support of this application.
3
Lake Elmo Planning Commission Minutes; 2-22-16
Lundquist is concerned about the road and the path. She thinks there should be a
condition that rectifies the problem. She is concerned that people coming to this venue
will come up Manning.
Haggard wants to make sure that the street is safe and maintained. As far as the
financial aspect, that is for the Council to decide. She is in support of this application.
She would like to see number 4 include “responsible designee”.
Williams is concerned about #6 stating for 10 years. He does not think the expenses
mentioned relate to the length of the permit. He would like to see it be 5 years which
would give the City the opportunity to review the wedding venue.
Williams thinks there needs to be a maintenance agreement, but what that is, is up to
the City Council. He would also like to add a condition that the applicant submit a
report regarding the noise levels.
Williams would like to see condition #2 remain as the applicant does not intend to use
her primary driveway for the venue.
Lundquist stated that driving a fire truck or an emergency vehicle on a gravel driveway
or field, is no different than driving on them at the county fair grounds.
Williams thinks that since this is a commercial application, we should stick to the
commercial standards.
Griffin thinks it makes more sense to use the homeowner driveway for emergency
access and then use a gate to the venue.
Wensman stated that he would be comfortable with the field road entrance at 18’ wide
and designed to a 7 ton standard and that the regular driveway be for emergency access
and that the main driveway remain clear during all events.
The Commission would like Chief Malmquist to look at the driveway prior to this going
to the City Council.
Move to amend condition #2 to read that the access road be 18 feet wide and be to a 7
ton standard to accommodate emergency vehicles to the northernly area of the parking
area or that the private drive remain clear during the venue, Vote: 7-0, motion carried,
unanimously.
Move to amend condition #6 to read “The interim use is valid for a period of five years
and must be renewed by the City Council prior to the end of this time period in order to
continue operating from the site”, Vote: 7-0, motion carried, unanimously.
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Lake Elmo Planning Commission Minutes; 2-22-16
Move to add condition number 11 that would be to enter into a maintenance
agreement with the City regarding the maintenance of the road only through the term
of the interim use, Vote: 7-0 motion carried, unanimously.
Move to add condition number 12, to require an erosion control plan with any
extension of the gravel entrance road, Vote: 7-0, motion carried unanimously.
Move to add a condition 13 that the applicant is required to submit the results of an
instumented measurement of sound at the east and west property lines at the wedding
ceremony site to demonstrate compliance with the City’s noise ordinance, vote: 7-0,
motion carried unanimously.
M/S/P: Williams/Griffin, move to recommend approval of the Interim Use Permit for a
commercial wedding venue based on the finding of facts in the staff report and with the
13 conditions of approval as discussed, Vote: 7-0, motion carried unanimously.
Public Hearing – Open Space Development – Legends of Lake Elmo
Wensman started his presentation by showing the location of this development and
presenting some of the background information from previous meetings. With the
current plan, there are 40 lots and there are 5 outlots that are platted as ghost lots.
These are held in reserve in case of ordinance change and will be held in reserve for
future development. Staff is recommending that the 5 outlots be platted as one outlot
as we do not know what will happen in the future and they will need to be replatted
anyway.
A big discussion is the interconnectivity of neighborhoods for safety. Currently
Sanctuary only has one access. The future of signalization at 50th Street and Manning is
dependent on connectivity of neighborhoods. The County has made it clear that if the
City does not have interconnected neighborhoods, they will not invest in signalization.
There was a new plan for the development submitted today that is in reponse to
negotioations with the Heckers. Nothing has been finalized, as those negotiations are
ongoing. Those negotiations include agreeing to screening to the north of the Hecker
property and access management on 50th Street for driveway access to the Legends
entrance. There is no park shown on this plan to connect to the Sanctuary Park as the
slopes are high. There are 5 standards for open space in this type of development.
There should be conservation easements, contiguous parcels not less than 10 acres
(60% must meet this standard), maintained for the purposes for which it is set aside,
maintained by the HOA and contiguous with adjacent open space. Buffering is still an
issue to the Hecker parcel. The road and 3 parcels violate this setback. This is not fully
resolved with the Heckers. This can be waived by 4/5 vote of the Council.
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Lake Elmo Planning Commission Minutes; 2-22-16
Parks is recommending to construct a trail to the Sanctuary Park and the rest of the
dedication will be cash in lieu of park dedication. The City Engineer is recommending
50th street right of way and a trail.
The deviations from the OP Ordinance for this plan are that the homes are on the least
fertile soils, Lots 4, 32 and 37 and entrance road are within the buffer area. The
deviations require a 4/5 vote. Phase I is going to start to the North. Staff is
recommending a condition that construction traffic access the site off of 50th street.
Haggard asked if the ghost lots were factored in for the open space. Wensman stated
that they were not. Haggard asked about the trail maintenance. Wensman stated that
it is in the public right of way and would be the City’s responsibility.
Todd Erickson, representing Landucci Homes, talked about the trail system and the
connection to the Sanctuary Park. They are concerned about connecting the Legends
road to the Wedding venue driveway. Erickson stated that they are close to an
agreement with the Heckers. He discussed some of the issues with the individual septic
systems.
Public Hearing opened at 9:31 pm.
Carolyn Cary, 5701 Linden Ave, the roads in Sanctuary are narrow. They are curvy and
have many blindspots. There are a lot of pedestrians and kids and others riding bikes,
etc. in the street. The trail system in Sanctuary is shared with Carriage Station and will
be shared with Legends. Any additional traffic will affect this trail system. She would
like to see a trail connection and cul-de-sac rather than a connected road.
Michelle Chickett, 5711 Linden Ave, she agrees with previous speaker. She would like to
refer to the ordinance that talks about the distinct neighborhoods. She thinks a Cul-de-
sac is a good compromise. She presented MNdot data regarding the intersection at
Manning.
Pamela Chickett, 5711 Linden Ave, she agrees with the previous speakers. She would
like their neighborhood to be distinct and separate. She thinks there is more of a safety
concern by making that a through street because it places the children in the
neighborhood at risk.
Todd Nimmo, 11679 58th Street, he is opposed to Linden Ave going through. He
believes that the dangers of running this road through far outweigh the benefits.
Danny Hecker, 11658 50th Street, they are heavily impacted on 2 sides by this
development. They are not ok with the buffer setbacks being violated, but they have
had some good conversations with Nate regarding options. They would prefer to keep
their driveway, but that may not be an option.
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Lake Elmo Planning Commission Minutes; 2-22-16
Jessica Erickson, 5760 Lily Ave, she is opposed to the connection of Linden Ave for safety
reasons. Their neighborhood is safe and peaceful, but increasing the traffic will change
the feel of the development.
Mark Cotton, 11797 56th Street, agrees with previous comments.
Ben Backberg, 5693 Linden Ave, his lot is the closest lot that would be impacted by
Linden going through. The research from MNdot is that the Manning intersection is one
of the worst in the state. Lake Elmo only owns a portion of the road and Stillwater
Township owns the rest.
Charles Cadenhear, 12190 Marquess Lane, he is a civil engineer and believes that
MNdot will be required to provide access during construction times. He does not feel
there is a need for a connection for those 2 developments.
There were 14 written comments received via email today. In effect, they are the same
comments previously heard. Wensman read the names into the record and they will be
attached to the minutes.
Public Hearing Closed at 10:10 pm.
Williams does not think it is clear in the staff report what the findings are. He would like
to propose some findings as follows: 1) that the concept plan is consistent with the
Comprehensive plan 2) Concept plan provides acceptable compromise of lot location
and design 3) plan meets the density and open space requirements of the open space
standards 4) the plan requires relaxation of the OP development standards in the
following areas a) buffer encroachment of lots 32, 37 & 38 in the plan dated February
22, 2016 b) buffer encroachment of the entrance road by the Hecker property.
Larson wanted to know if the Cul-de-sac would impact the number of lots in the
development. Landucci stated that at the last Planning Commission, they were directed
to provide the connection. The could rework the Cul-de-Sac and it would not affect
their lots. They are willing to go either way.
Williams is not comfortable with the idea of a Cul-de-Sac being this long. The City code
does not allow it to be longer than 600 feet. He feels that it is not uncommon for there
to be increased traffic when developments happen around them. There was a paved
road planned to be connected when Sanctuary went in and he feels it should go
through.
Haggard is torn in regards to the road going through. She believes if there is a
connection, the roads in Sanctuary need to be maintained better. She asked about the
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Lake Elmo Planning Commission Minutes; 2-22-16
Cul-de-sac and if the City Engineer had comments about that. Wensman stated that
they are not in favor as they are harder to maintain and snow plow.
Lundquist asked about a round about to slow traffic. Erickson stated that round abouts
are typically used at a 4 way intersection, but they could look into that.
Larson stated that there a number of options to use to slow traffic like treads and bump
outs.
Williams is suggesting an additional condition to read “to file an agreement with the
City, between the developer and the Hecker family for a driveway from the new road
and the buffer encroachments”.
Williams is also concerned about the configuration of the open space. There are a lot of
long thin outlots that he does not feel meets the spirit of the ordinance. Haggard had
the same concern and adding the ghost lots, will take some of the open feeling away.
Kreimer is ok with it as shown as these are larger lots which makes it harder to
accommodate the open space.
There is concern about the driveway for lot 40 from an access management standpoint.
The Heckers are being required to remove their driveway and this lot might be creating
the same sort of situation.
M/S/P: Williams/Haggard recommend approval of the Legends concept plan dated
1/25/16, based on the findings of fact as earlier discussed, and with the conditions as
listed in the staff report, with the additional one regarding the agreement with the
Heckers, Vote 6-1, motion carried. Dunn voted no as there are many developments
with only one exit and entrance such as the Forest, Tana Ridge and Fields of St. Croix.
M/S/P: Williams/Lundquist, move to amend the motion to include the trail shown in the
northwest corner on the concept plan dated 2/22/16 as part of the concept plan, Vote
7-0, motion carried unanimously.
Business item - Final Plat –Savona 4th
Wensman started his presentation regarding Savona 4th which is the final phase of the
Lennar development. This phase is for 78 single family lots over 20.4 acres. This phase
will complete 5th street from Keats to Boulder Ponds. This phase is LDR. The issues to
discuss are setbacks, lot fit, landscaping and agreements. The setback issue is that LDR
setback is principal building 10 feet and garage 5 feet. If there is living space behind the
garage, what do you do? Preliminary Plat report talks about averaging. How should we
move forward? Lot fit is that they lost some lots due to ponding and other issues and
they are adding back 2 lots in this phase. They seem to still meet the requirements and
staff feels it is acceptable. They would like to use the boulders from their development
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Lake Elmo Planning Commission Minutes; 2-22-16
for landscaping. The City engineer wants to review to ensure there is no problem
getting to storm ponds. There are a number of agreements that need to be resolved.
Paul Tabone, Lennar, explained the phasing of the trail. He spoke about the lot fit and
the setback issue. Lennar would like to continue with the setbacks that they used in 1st,
2nd and 3rd addition in 4th addition. He touched on adding 2 lots which conforms to the
Preliminary Plat. They are working on finalizing the landscape plan. Tabone stated that
they are meeting with staff next week to discuss the agreements. He explained some of
the issues they are trying to work through.
Kreimer is concerned about the street names. They are not in a good sequence. It was
in the Fire Chiefs comments. He would like the street names to be reviewed.
Williams would like 2 minor changes to the draft findings. On the 4th bullet point, he
would like to add after requested by the City Landscape Architect the words “letter
dated 2/10/16.” On the last bullet after requested by the City Engineer the words
“letter dated 2/15/16.”
M/S/P: Williams/Larson, move to recommend approval of the Final Plat for Savona 4th
addition with draft findings and conditions of approval included in staff report and as
amended, Vote 6-0, motion carried unanimously. (Haggard left meeting early).
M/S/F: Williams/Larson, move that the Planning Commission endorse using aerially
spaced boulders in erosion control structures pursuant to the landscape architect
approval, Vote 1-5, motion fails.
M/S/P: Kreimer/Dunn, move that the Planning Commission endorse using boulders in
erosion control structures pursuant to the landscape architect approval, Vote 6-0,
motion carried unanimously.
M/S/P: Williams/Kreimer, move that the Planning Commission endorse the 7.5 foot
average setback for Savona 4th addition and that in no case should living space be closer
than 7.5 feet and also that the code be changed to increase the lot width and change
the setbacks for future developments, Vote 6-0, motion carried unanimously.
Commission discussed increasing lot size and lot width from 65-70 and being strict with
setbacks to 10 feet.
Council Updates – February 16, 2016 Meeting
1. Commercial Wedding Ceremony Ordinance – Passed.
2. Commercial Weding IUP – Passed.
3. ZTA Senior Living – Passed.
4. Arbor Glen – Rezoning & Conditional Use Permit – Passed.
5. Appointment of Kristina Lundquist as 2nd Alternate.
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Lake Elmo Planning Commission Minutes; 2-22-16
Staff Updates
1. Upcoming Meetings
a. March 14, 2016
b. March 28, 2016
Commission Concerns
Lundquist is concerned about people driving on the walking path on 55th street. She
would like to either see the road opened back up or to see it clearly marked as a trail.
Dunn wants us to stay on top the transportation issues so that people have safe access
to highway 5 and highway 36.
Meeting adjourned at 12:27 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
MAYOR AND COUNCIL COMMUNICATION
DATE: May 3, 2016
REGULAR
ITEM #: 15
MOTION
AGENDA ITEM: Exempting Fish Houses from requirement that no accessory structure be constructed
prior to principal structure on a lot.
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Councilmember Lundgren
SUMMARY AND BACKGROUND:
Councilmember Lundgren is requesting that the City Council direct Staff to amend the City’s Accessory
Structure ordinance to exempt “fish houses” that are 120 square feet or less in size from the requirement
that principal structures be constructed on lots prior to accessory structures in the Rural Residential
Zoning District. The ordinance amendment being requested would allow “fish houses” of 120 square feet
or less in size to be constructed and stored on lots in the Rural Residential zoning district without having
to first construct a principal structure. Fish house are considered “water oriented accessory structures” in
the Lake Elmo City Code. Accessory structures, by definition, are accessory to principal structures or uses
of property. The existing Accessory Structure Ordinance strictly prohibits any accessory structure from
being constructed on a lot until a building permit has been issued for a principal structure.
ISSUE BEFORE COUNCIL:
The issue is whether an ordinance amendment is warranted to allow fish houses to be constructed on a lot
prior to the principal structure.
PROPOSAL DETAILS/ANALYSIS:
Fish houses are considered to be water oriented accessory structures in the Lake Elmo City Code. By
City Code, no accessory structure can be constructed until a building permit has been issued for a primary
structure on a lot. The code provision is typical in cities in order to maintain control over use of properties
for storage and to protect the City against a proliferation of unwanted storage structures.
FISCAL IMPACT:
Potential staff time addressing accessory storage building complaints.
OPTIONS:
The City Council should consider whether to recommend having Staff and the Planning Commission
amend the Accessory Structure Ordinance.
City Council Meeting [Regular Agenda Item 15]
May 3, 2016
2
RECOMMENDATION:
Councilmember Lundgren is requesting that the City Council direct Staff and the Planning Commission
to amend the City’s Accessory Structure ordinance to exempt “fish houses” of a 120 square feet or less in
size from the requirement that principal structures be constructed on lots prior to accessory structures in
the Rural Residential Zoning District with the following motion:
“Move to direct City Staff and the Planning Commission to amend the City’s Accessory Structure
ordinance to exempt “fish houses” of a 120 square feet or less in size from the requirement that
principal structures be constructed on lots prior to accessory structures in the Rural Residential
Zoning District.”
MAYOR AND COUNCIL COMMUNICATION
DATE: May 3, 2016
REGULAR
ITEM #: 17
MOTION
AGENDA ITEM: Parliamentarian Contract
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: Council began having a parliamentarian attend and assist with Council meetings in late 2015. In
January 2016, a three month contract was approved which expired April 30, 2016.
ISSUE BEFORE COUNCIL: Should the Council approve another contract with Kevin Wendt for parliamentarian services? If
so, what should be the term of the contract?
PROPOSAL DETAILS/ANALYSIS: Two Council members have requested the parliamentarian be contracted for another three
months so a copy of that contract is included in your packet. Nothing has changed in this
contract from the previous one approved by the Council other than the dates.
Also included in your packet is a rate schedule as previously presented. If Council intends to keep the Parliamentarian for longer than 3 months, there could be additional cost savings by
entering into a 6 month contract rather than 3.
FISCAL IMPACT:
So far this year, the City has incurred just over $8,500 in costs for the parliamentarian. The 2016 budget does not include any costs for a parliamentarian.
Going forward, cost may be reduced if meetings are shorter, particularly no more than 5 hours
when the higher rate kicks in. This is now more likely given our ordinance changes that require
the last agenda item to start before midnight. Also, Council could consider a longer contract in order to obtain a 25% discount as opposed to 15%.
OPTIONS:
1) Approve a 3 month contract with Kevin Wendt
2) Approve a 6 month contract with Kevin Wendt 3) Approve a 1 month contract with Kevin Wendt
4) Do not approve a contract
CITY OF LAKE ELMO – Client-Professional Services Agreement Page 1 of 5
475708v2 SJS LA515-1
CITY OF LAKE ELMO, MINNESOTA
CLIENT-PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is made effective on May 1, 2016 (“Effective Date”) between the CITY OF LAKE ELMO,
MINNESOTA, a Minnesota Municipal corporation (hereinafter referred to as the “CITY”), and Kevin Wendt
Individual (hereinafter referred to as “CONSULTANT”).
From time to time the CITY intends to engage CONSULTANT to provide Professional Services. This AGREEMENT
sets forth the general terms and conditions which shall govern the relationship and performance of the CITY
and CONSULTANT.
In consideration of the foregoing recitals and following terms and conditions contained herein, the CITY and
CONSULTANT agree as follows:
ARTICLE 1: SERVICES OF THE CONSULTANT
1.1 Scope of Services:
A. The services to be provided by CONSULTANT shall be set forth in a written communication if
outside the scope of parliamentarian services for City Council Meetings.
B. Professional Services will, in general, include parliamentarian services for the CITY and related
review prior to meetings
C. This AGREEMENT is not a commitment by the CITY to CONSULTANT to request services beyond
period of service listed below
ARTICLE 2: PERIOD OF SERVICE AND TIMES FOR RENDERING SERVICES
2.1 Term: This AGREEMENT shall be effective and applicable for a 3 month period starting on May 1,
2016 and ending July 31, 2016, subject, however, to termination by either party in accordance with
ARTICLE 5.7.
2.2 The times for performing services shall be directed by the City Clerk.
ARTICLE 3: COMPENSATION
3.1 Basis for Compensation: Compensation to CONSULTANT shall be as follows
Being the chair for meetings as a parliamentarian( up to 5 hours) $200.00/hr
Being the chair for meetings as a parliamentarian( over 5 hours) $250.00/hr
Document Review $125.00/hr
Discount for 3 month commitment/contract 15% off
3.2 Payments for Services
CITY OF LAKE ELMO – Client-Professional Services Agreement Page 2 of 5
475708v2 SJS LA515-1
A. Preparation and Submittal of Invoices: CONSULTANT shall prepare and submit invoices to the CITY
on a monthly basis, unless otherwise mutually agreed. Invoices are due and payable within 45 days
of receipt.
B. Unpaid Invoices: All accounts unpaid after 45 days from the date of original invoice shall be subject
to a service charge of 1.0% per month, with interest beginning to accrue 45 days after the date of
receipt of the invoice. Payment will be credited first to any interest and then to principal.
C. Disputed Invoices: If the CITY contests an invoice, the CITY shall advise CONSULTANT of the specific
basis for doing so, may withhold only that portion so contested, and must pay the undisputed
portion.
ARTICLE 4: CITY’S RESPONSIBILITIES
4.1 The CITY shall designate a person to act as the CITY’s representative with respect to services to be
rendered under this AGREEMENT. Unless otherwise designated in writing, the CITY’s representative
shall be the CITY ADMINISTRATOR. Such persons shall have authority to transmit instructions, receive
instructions, receive information, interpret and define CITY’s policies with respect to CONSULTANT’s
services, and render decisions relative to a specific project.
4.2 Provide Access: The CITY shall provide access to, and make provisions for CONSULTANT to enter upon
public or private property as required to perform their work.
4.3 Provide supporting documentation and Services: The CITY shall provide all necessary information
regarding its requirements as necessary for orderly progress of the work, including records, data,
instructions, and requirements for completeness. .
4.4 The CITY shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of
all requirements, programs, instructions, reports, data, and other information furnished by the CITY to
CONSULTANT pursuant to this AGREEMENT. CONSULTANT may use such requirements, programs,
instructions, reports, data, and information in performing or furnishing services under this
AGREEMENT.
ARTICLE 5: GENERAL CONSIDERATIONS
5.1 Standards and Parameters of Performance
A. Standard of Care: The standard of care for all professional services performed or furnished by
CONSULTANT under this AGREEMENT will be the care and skill ordinarily used by members of the
subject profession practicing under like circumstances.
B. Technical Accuracy: CONSULTANT shall be responsible for the technical accuracy of his services
and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies
therein. CONSULTANT shall correct such deficiencies without additional compensation except to
the extent such action is directly attributable to deficiencies in CITY-furnished information.
CITY OF LAKE ELMO – Client-Professional Services Agreement Page 3 of 5
475708v2 SJS LA515-1
C. Subconsultants: CONSULTANT may not employ Subconsultants without prior approval of the City.
D. Compliance with Laws and Regulations, and Policies and Procedures: CONSULTANT and CITY shall
comply with applicable Laws and Regulations and CITY mandated standards.
5.2 Independent Contractor: CONSULTANT is an independent contractor. The manner in which the
services are performed shall be controlled by CONSULTANT; however, the nature of the services and
the results to be achieved shall be specified by the CITY. All services provided by the CONSULTANT
pursuant to this AGREEMENT shall be provided by the CONSULTANT as an independent contractor and
not as an employee of the CITY for any purpose, including but not limited to: income tax withholding,
workers’ compensation, unemployment compensation, FICA taxes, and eligibility for employee
benefits.
5.3 Insurance
A. CONSULTANT shall procure and maintain professional liability insurance for all damages arising out of
the performance of services caused by an error, omission or negligent act for which CONSULTANT is
legally liable. It shall be in an amount of not less than $1,000,000 and require notice to the CITY before
any cancellation or modification. All provisions relating to indemnification and insurance shall survive
termination of this contract to the full extent required for the benefit of the parties.
B. CONSULTANT, on behalf of himself and his insurers, agrees to indemnify and hold the City harmless
against all claims, losses, causes of action, and expenses, including legal expenses, arising from, or
based in the whole, or in any part, on any negligent act or omission by CONSULTANT in the
performance of work or services pursuant to this Agreement. The City shall not be liable for any loss
suffered by the CONSULTANT due to personal injury or because of damage to, or destruction of, any
property, or any loss of profits or other consequential damage or any inconveniences resulting from the
theft, damage to, or destruction of personal property. City may, at its option, but with no obligation to
do so, obtain insurance covering CONSULTANT against liability to third parties relative to
CONSULTANT’S performance of this Contract. CONSULTANT shall be solely responsible for obtaining at
his own expense, any insurance coverage which he may desire insuring himself against personal injury
or property damage.
5.4 Data Practices Act Compliance: Data provided by CONSULTANT or created under this AGREEMENT
shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13.
5.5 CONSULTANT shall comply with the Minnesota Data Practices Act and all other state and federal laws
relating to data privacy or confidentiality. CONSULTANT will immediately report to the City any
requests from third parties for information. The City will immediately notify CONSULTANT of any
requests from third parties or the City for information.
5.6 Conflict of Interest: The CONSULTANT shall use best efforts in the performance of his services and
professional obligations to avoid conflicts of interest and appearances of impropriety in representation
of the CITY. In the event of a conflict, the CONSULTANT, with the consent of the CITY, shall arrange for
suitable alternative representation.
CITY OF LAKE ELMO – Client-Professional Services Agreement Page 4 of 5
475708v2 SJS LA515-1
5.7 Termination
A. Either party may terminate this AGREEMENT upon thirty (30) days written notice.
B. In like manner, if the entire AGREEMENT is terminated, copies of all remaining documents on file
with the CONSULTANT shall also, upon request, be made available to the CITY pursuant to ARTICLE
5.4 upon receipt of payment of amounts due and owing CONSULTANT for any authorized work.
5.8 Controlling Law: This AGREEMENT is to be governed by the laws of the State of Minnesota.
5.9 Successors, Assigns, and Beneficiaries
A. The CITY and CONSULTANT are hereby bound and the successors, executors, administrators, assigns,
and legal representatives of the CITY and CONSULTANT are hereby bound to the other party to this
AGREEMENT and to the successors, executors, administrators, assigns and legal representatives of
such other party, in respect of all covenants, agreements, and obligations of this AGREEMENT.
B. Neither the CITY nor CONSULTANT may assign, sublet, or transfer any rights under or interest in this
AGREEMENT, or any portion thereof, without the written consent of the other party.
C. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT
to anyone other than the CITY and CONSULTANT.
5.10 Dispute Resolution
A. The CITY and CONSULTANT agree to negotiate all disputes between them in good faith for a period
of thirty (30) days from the date of notice prior to invoking other provisions of this AGREEMENT, or
exercising their rights under law.
5.11 Notices: Any notice required under this AGREEMENT will be in writing, addressed to the appropriate
party at its address on the signature page and given personally, by registered or certified mail postage
prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
5.12 Survival, Severability, Waiver
A. Survival: All express representations, waivers, indemnifications, and limitations of liability included in
this AGREEMENT will survive its completion or termination for any reason.
B. Severability: Any provision or part of the AGREEMENT held to be void or unenforceable under any
Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon the CITY and CONSULTANT.
C. Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that provision,
nor shall it affect the enforceability of that provision or of the remainder of this AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above written.
CITY OF LAKE ELMO – Client-Professional Services Agreement Page 5 of 5
475708v2 SJS LA515-1
Kevin Wendt CITY OF LAKE ELMO, MINNESOTA
By ____________________________________ By ___________________________________ __
Mayor
By ___________________________________
City Clerk
6232 5th Avenue South • Richfield, MN 55423 • info@kdwconsulting.com
Rate Schedule 1A
Rate Schedule 1B
Service Rate per
hour
Meeting – Governmental (Up to 5 hours) $200.00
Meeting – Governmental (Beyond 5 hours) $250.00
Document Review –
City Code of Ordinance, Agenda, Council Packet, etc. $125.00
DISCOUNT – 1 month contract 10%
DISCOUNT – 3 month contract 15%
DISCOUNT – 6 month contract 25%
Both rate schedules include a 2 hour meeting minimum charge.
Service Rate per hour
Meeting - Governmental $200.00
Document Review –
City Code of Ordinance, Agenda, Council Packet, etc. $125.00
DISCOUNT – 1 month contract 5%
DISCOUNT – 3 month contract 10%
DISCOUNT – 6 month contract 20%
SCHEDULE 2
Sit with staff and rule on points of order $165/hr.
Document Review $100/hr