HomeMy WebLinkAbout10-04-16 CCMPT1 III C;I"i"Yt:}I� Ourlli sion is to Propide uali y I�obfirSer��iees in a FiscalZy eponsible
AKELManner 1r','luile Presemiq the Gpi's Open 3paee Charader
NOTICE OF MEETING
City Council Meeting
Tuesday, October 4, 016 .00 P.M.
City of Labe Elmo 13800 Laverne .Avenue North
:' Call to Order/Pledge of Allegiance
Approval of Agenda
Approval of Minutes
1. September 2C,2C1C
Public Comments/Inquiries
E- fesentati
. Consent Agenda
_'''Approve Payment of Disbursements
Approve Amended Special Assessment Policy —Resolution 2016-83
Approve Amended Fee Ordinance _ Ordinance '-1 ;• Resolution 2016-85
. Approve Business SAC Deferral Program Agreement with Met Council
Approve Leaf Drop Off Bays Event
Authorize Certification to the WA Cry Auditor - Delinquent Stormwater Bills -- Resolution 216-8
.' Approve Homing Lot Size Variance -- I rause's-Addition, Lot 9 —Resolution 2916-8
Refer OpenGov Discussion to 10/11 Work Session
if Inwood Booster Station — Approve Change Order Now
. CSAH 15 & 10th Street Intersection — Approve Cooperative Agreement Payment No. 3
. Approve City Planner Pay Increase
. Approve loyal Golf Club Escrow Agreement
'. ,Approve Xcel holiday Lighting Contracts for Downtown
G. Regular Agenda
. Reconsider Fence Ordinance-- Ordinance 8-15 ;° Resolution 01 -7
X. OP Ordinance -- Ordinance 08--1 S ; Resolution 2016-75
City Administrator Review Process
.Moratorium Issue
. Street Naming Policy — Ordinance 08-14 Resolution lution 201 -8
,peCommon Ground Interim Use Permit Request — Resolution 21 -88
:24/Wasatch Storage CAP -- Resolution 2016-8
,zzlludson Boulevard Lift Station Improvements — Award Engineering Design and Construction Services Task
Circler
,2,3�201'7 Street Improvements — Authorize Feasibility Report and Geotechnical Services
treet Inventory and Condition Assessments — Authorize Contract for Street Condition Ratings/Inventory
0Council Driven Agenda Items
6. Council Committee Attendance by Council Members Who Are Not Appointed Members of the Committee
H. Staff Reports and Announcements
f. Adjourn
CITY OF
SEPTEMBER,
,2016
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7. OO pm..
PRESENT; Mayor hike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Slayer;
and Jill Lundgren.
Staff present: Administrator Ilandt, City Attorney Sonsalla, City Engineer Griffin, Finance
Director Bendel, Planning Director Wensman, City Planner Becker, Building Official Bent and
City Clerk Johnsen.
APPROVAL OF AGENDA,
Item 21, " OP4 Boulder Ponds LLC :honing Map endment/PU Amendment" was removed
from the agenda at the request of the applicant. Item 20, "Approve Concrete Work at City Hall"
and Item 17, "Approve Lions Park Design Services — Miller Architecture" were moved from the
Consent Agenda to the Regular Agenda.
C ouncilmember Smith, seconded by Councilmeniber . li let,, moved TO APPROVE THE
Minutes of the August 16, 2016 :Regular Meeting were approved as presented by unanimous
consensus.
PUBLIC COMMENTS/INQUIRIES
Virginia Pleban, 8245 59 b Street North, commented on what qualities make for a good:
politician.
Dunn,Susan . Uppert the Council
support for neighboring communities opposed to the Lake Elmo Airport
t t i
i � �' t ! t i3 ► r,# t �
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itMUM
#YEN
SEPTEMBER 20,2016
14. Approve Repairs to Well #2 Roof
15. Approve payoff of Existing Building Vehicle Loan
16. Approve Safe Assure Contract Renewal
18. Approve Tablyn Park Upgrades
19. Accept LMCff New Special Endorsements
Eli I W)"s am 51 owl!
. ; - ;� '+- T
.ejoalcpxy-u��Jj' (QY 11 �9 - -Z a -1 IAA"01
Planning Director Wensman reviewed the history and recommendations for updates to the OP
Ordinance. Changes to each section were reviewed and discussed.
Ann Bucheck, 2301 Legion Avenue North, stated concerns about the extension of city water
lines and the 6120 Rule relating to shoreland.
Susan Dunn, 110 18 Upper 3 3d Street North, urged the Council to get as much information as
possible on the issues,
Discussion was held concerning buffers and the requirement for a 4/5ths vote for future changes
to the ordinance.
Councilinember fo{ seconded by councilmember Lundgren, moved TO AMEND THE
PRIMAR Y MOTION TO ADD A 441M VOTE REQUIREMENT FOR DEvL4 TioNs To
BUFFERS. OM�
Planning Director Wensman suggested that staff redraft the ordinance and present a revised
version for the Council to consider.
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 20,2016
Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO POSTPONE
FUR7MR ACTION TO !WE NEXTREGUL4R COUNCIL MEETING. Motionpassed5
0. 1
up the process by allowing administrative approval for subdivision of property.
RES Ut TING FR OM A CQ UISITT
JMPWOPEMEN1� OR USES, A" RESOLUTION 2016-76 FOR ITS SUMMARY
PUBLICATION. Motion passed
Finance Director Bendel presented the recommendations of the Finance Committee regarding the
changes to the assessment policy for the downtown project.
101"A'"Will
[MUM i
Administrator Handt reviewed the request for additional funds for drain the and curbing in the
Easton Village Park,
ITEM 26: Fence Ordinance
City Planner Becker reviewed the current fence ordinance and two proposed options for changes
,to one section of the ordinance pertaining to solid will fences.
LINEAL MEASUREAIENT OF TnE TENCE DOES NOTE��� 68k�M&RTH OF
ME LINEAR DIS TA NCE OF THEPERIME TER OF THE 10 T ON A L OT UNDER HALP
ANA CRE; HH" REPEALS SUBP. E.; AND WHICH REPEALS THE REQUIkEMEiVT
OF 154.080 TVATtW�ES INSIDE AND REAR YARDS BE 30% OPEN. Motionfalled2
Pearson, SrWth — abstain)
#
Mayor Pearson stated he would not support the proposed budget, as it counts on income that isn' t
permanent and he feels there is a need to invest in equipment and vehicles.
!'!I I IF 11111:11i
City Engineer Griffin reviewed the scope of the improvements, project costs and assessment
methodology,
MEIJI= '�Iiipii�iq�111
- 1111111109���O�
Authorize Feasibility Report and Borings
City Engineer Griffin presented the proposed location map, project schedule and petitions
received from residents asking to be included in the project. Griffin also explained how areas
were chosen for Phase 3, the estimated project costs and potential alignment for connecting Lake
Elmo Elementary to the City sewer system.
# i
SEPTEMBER 6
a- •
Administrator Handt presented staff recommendations for a job classification and compensation
study, noting that the recommended vendor could provide the information in time for it to b
used in preparing the Pay Equity Report required by the state.
ITEM 32 City Administrator Review Process
City Attorney aonsalla provided background on the City Administrator's contract and requested
Council direction on whether or not the Council would like to conduct aperformance review.
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: reported on ongoing projects and meetings attended.
City Clerk Johnson: reminded residents of the communication tools available for
City related information: the Fresh, Facebook and website.
Finance Director Bendel: no report.
City Attorney onsaita: reported on inquiries received related to the moratorium.
City Engineer Griffin: reported on construction progress.
Page 5 of
Meeting adjourned at 10:48 pm.
LAKE ELMO CITY COUNCIL
ATTEST:
Mike Pearson, Mayor
Johnson,Julie
T1 H' CITY OF
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
BATE: October 4, 2016
CONSENT
ITEM #
MOTION
AGENDA. ITEM Approve Disbursements in the amount of $233,331.61
SUBMITTED BY: fatty Baler, Accountant
THROUGH: Cathy Bendel, Finance Director
REVIEWED BY: Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS:
Introduction of Item . . Cite Administrator
Report/Presentation ......... ... ...................................City Administrator
_ Questions from Council to Staff ................... ............,...:.... Mayor Facilitates
Call for Motion . ....................................... . Mayor & City Council
Discussion . ................. ........................................... Mayer & City Council
Action on Motion...., . Mayer Facilitates
SUMMARY AND ACTION REQ STED. As pai t of its Consent Agenda, the City Council
amountis asked to approve disbursements in the $233,331.61 . No specific motion is needed
City Council Meeting
October 4, 2016
[Consent Agenda. Item 2]
BACKGROUND INFORMATION/STAFF PEPORT: The City of Lake Elmo has the
fiduciary responsibility to conduct normal business operations. Below is a summary of current
claims to be disbursed and paid in accordance with State law and City policies and procedures.
Claim # Amount Description
ACC $ 13,817.40 Payroll Taxes to IRS & NM Dept of Revenue 09/29/16
ACH 7,290.04 Payroll Retirement to PE RA 09/29/16
ACH $ 1,200.00 Payroll Retirement to ICNIA 09/29/16
DD7478-DD7510 $ 33,238.61 Payroll (Direct Deposits) 09/29/16
44923-44975 $ 177,605.56 Accounts Payable 10/04/16
2778-2780 $ 180M Library Card Reimbursement 10/04/16
TOTAL $ 233,331.61
RECOMMENDATION- Based on the aforditbritioned, the staff recounuends the City Councl
approve as part • the onsent Agenda the aforementioned isbursements in the amount
$2331331.61
ATTACHMENTS:
1, Accounts Payable — check registers
11
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L KE EL 1
MAYOR & COUNCIL COMMUNICATION
DATE. 1.0/4/016
CONSENT
ITEM #
AGENDA ITEM: Special Assessment Policy Resolution to Adopt Revision
SUBMITTED BY.; Cathy Bendel, Finance Director
THROUGH: GH: sting flandt, City Administrator
VIEWED BY: Jack Griffin, City Engineer
Kristina Handt, City Administrator
SUGGESTED ORDER OF BUSINESS ` i ulled Lrom Consent
.. Introduction of Item ..... ..........................., ....... ...............:.............. Staff
Report/Presentation .................. ........... ........ .............................. :....... ..... ... Staff
.: Questions stions from Council to Staff .......... ..................r.......... Mayor facilitates
- Open Public Improvement hearing, Public Input ......... ...... Mayor facilitates
_ Call for Motion ...................................................... Mayor & City Council
Discussion .... ................... .................. ....................... Mayor & City Council
-_ Action on emotion... ........... ........ ...... ::........ ........ .................... Mayor facilitates
POLICY! i
FISCAL IMPACT: TBD
SUMMARY A" ACTION JRE!2q�UD-.
The City Council is respectfully requested to consider approving Resolution No. 016- 3,
adopting revisions to the City of Lake Elmo Special_ Assessment Policies and Procedures for
Public Improvements. As this is part of the Consent Agenda, no specific notion is required:. If
the Council chooses to pull the item: for discussion, the recommended motion for this action is as
follows:
"Move to approve Resolution No. 2 I -- `. , adopting revisions to the City of ak Elmo Special
Assessment Policies and Pr o edur es for Public Improvements. "
-- page 1
[Consent Agenda Item 3]
On November 16, 2010, the City Council adopted the Special Assessment Policies and
Procedures for Public Improvements, The policy was developed by an assessment policy review
Subcommittee working with the City Administrator, City Engineer, and City Attorney to review
and develop an updated policy based upon the goals and objectives established by the Council,
On June 17, 2014, the City Council updated the policy to modify the policy related to the
calculation and application of the Lateral Benefit Charge for properties in and outside of the
areas planned to receive municipal sewer utilities.
The Finance Committee has been reviewing financing matters related to the downtown and
presented their recommendations on Septembers 20, 2016 which included directing staff to
update the special assessment policy to reflect those changes.
RECOMMENDATION:
Staff is recon-unending that the City Council consider approving Resolution No. 2016-83,
adopting revisions to the City of Lake Elmo Special Assessment Policies and Procedures for
Public Improvements. As part of the Consent Agenda, no specific motion is required. If the
Council chooses to pull the item for discussion, the recommended motion for this action is as
follows:
"Move to approve Resolution No. 2016-83, adopting revisions to the City of Lake Elmo Special
Assessment Policies and Procedares for Public Improvements.
ATTACHMENTJS)-.
I . City of Lake Elmo Special Assessment Policies and Procedures for Public
Improvements; Amended October 4, 2016
2. Resolution 2016-83, A Resolution Adopting Revisions to the City of Lake Elmo Special
Assessment Policies and Procedures for Public Improvement
I
-- page 2
1,111121ii!
[MIV 1AW01 a 0501 1,N 001 PUT 1110 rd Re K11 011=11 x1bX10 I RON MIN
WHEREAS, the City undertakes public improvement projects from time to time, and may desire
to defray all or a portion of the cost of the improvements against the benefiting properties; and
WHEREAS, on November 10, 2010, the City adopted the Special Assessment Policies and
Procedures for Public Improvements manual, to serve as the general guide for a systematic assessment
process for public improvements in Lake Elmo; and
WHEREAS, on June 17, 2014, the City Council readopted and perfected in Ordinance 08-108 to
clarify how properties would be charged lateral benefit fees for water improvements; and
WHEREAS, the City staff is recommending amendments to the policy in order to bring the
assessment policy in line with the recently adopted changes approved by the City Council on September
20,2016.
NOW, THEREFORE, BE IT RESOLVED,
1. The Special Assessment Policies and Procedures for Public Improvements manual, amended
October 4, 2016, a copy of which is attached hereto and made a part hereof, is hereby approved
and adopted.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF OCTOBER
2016.
By:
Mike Pearson
Mayor
Julie Johnson
City Clerk
Resolution #2016-83 1
CITY OF LAKE ELMO
SPECIAL ASSESSMENT POLICIES
AND PROCEDURE
FOR
PUBLIC IMPROVEMENTS
'ne aci d b Rgso i �n 4 < 1,0 - i g2 £ cto r' 201
Amended by Resolution No. 2014-45 on: dune 17, 2014
Amended by Resolution No. 2013-10 on: December 17, 201
Adopted by Resolution No. 2010-06 on: November 15, 2010
i
SECTION I:
GENERAL POLICY T T 1 N1..... ....... .: ......... ......... ....... .. .......... 3
SECTION It:
DEFINITION OF IMPROVEMENTS ELIGIBLE FOR SPECIAL ASSESSMENT
...5
SECTION III.
INITIATION OF PUBLIC IMPROVEMENT PROJECTS, .....,,....7
SECTION 1V:
PUBLIC IMPROVEMENT ROCEDURES...,, ... ,.......
�8
SECTION V:
GENERAL ASSESSMENT POLICIES , ..,,:::., „ ::., ....... .....
10
SECTION Vi
METHODS OF ASSESSMENT, ..:::::. ....::..: ....... ...........14
SECTION VII:
POLICIES OF REASSESSMENT ::.:. ....:.:. ..::.,. -.17
SECTION Vlll.
DETERMINATION OF ASSESSABLE COSTS .......:. ......... ..., .......,...18
ri
• e^ e e e .ee
may be necessary to support the proposed
The City must recover the expense of installing public improvements undertaken, while ensuring
that each parcel pays its fair snare of the project cast in accordance with these assessment
guidelines. While there is no perfect assessment policy, it is important that assessments be
Implemented in a reasonable, consistent and fair manner. There may be exceptions to the
policy or unique circumstances or situations that may require special consideration and
discretion by City staff and the City Council:
13
• IL
FOR SPECIAL AssEssmw
Minnesota Statutes §429�021. Generally the improvements Include:
X Street and sidewalk improvements: Acquisition, construction, reconstruction,
extension and major maintenance of any street and sidewalk and improvement of streets
and sidewalks including base and subbase, pavement, gutters, curbs, and vehicle
parking stripes, paver cross walks, pedestrian crossings, medians, beautification
amenities, and street and sidewalk drainage systems.
B� Street fighting systems. installation, replacement, extension, and maintenance of
street lights, street fighting systems, and special lighting systems.
C. Parks, trails, open space areas, playgrounds, and recreational facilities. Acquisition
and improvement of land, and purchase of equipment and facilities, and the
construction, reconstruction, and extension of trails.
E, Potable waterworks systems. Construction, reconstruction, extension, and
maintenance of water supply wells and pump houses, water treatment facilities, storage
tanks, and all components of the watermain distribution system network and related
appurtenances,
F, Sanitary sewer systems. Acquisition, development, construction, reconstruction,
extension, and maintenance of sanitary sewer conveyance and treatment systems. This
may Include sanitary sewers, interceptor mains, lift stations, treatment facilities and
treatment systems, service connections, and other appurtenances of a sanitary sewer
system.
G. storm sewer and drainage systems, Acquisition, development, constru ion�
reconstructionj extenslon� and maintenance of storm water management facilities and
storm sewer systems. This may include outlets� culverts� pipe systems, catch basins,
B
holding areas and ponds, Infiltration basins, rain gardens, treatment plants, pumps, lift
stations, service connections, and other appurtenances of a storm sewer system.
K Nuisance abatement. Includes, but is not limited to, draining and filling swamps,
marshes, and ponds on public or private property.
1, Dikes and other flood control works. Construction, reconstruction, extension, and
maintenance.
J. Retaining and area walls, including highway noise barriers. Acquisition,
construction, reconstruction, improvement alteration, extension, and maintenance,
K, Malls, plazas, or courtyards, Acquisition, construction, improvement, alteration,
extension, operation, maintenance, and promotion of public malls, plazas, and
courtyards.
L Parking lots. Acquisition or construction of parking facilities.
A. A public improvement project may be initiated by petition of at least 35% of the affected
property owners.
B. Public improvements may be initiated by the City Council when, in its judgment, such
action is required. A resolution ordering any Council initiated Improvements requires a
4/5th vote, rather then a simple majority,
M
SECTION IV.
The following is the general procedure that will be followed by the City Council for all public
by -case basis and within the context • Minnesota Statues § Chapter 429.
Improvements of different kinds anywhere in the City may be included in a proceeding and
curb and gutter, and water and sewer mains installed anywhere in the City.
A. Staff reviews petition for local improvements from property owners and submits the
petition to the City Council, or the City Council passes a resolution ordering a Feasibility
Report on the improvement.
B. Council accepts or rejects the petition. If accepted, the Council orders the preparation of
a Feasibility Report on the improvement, The Council may condition further action on the
recovery of costs associated with the project and/or Feasibility Report,
C. Staff prepares a Feasibility Report on the proposed improvements, or reviews the report
submitted by another agency/representatives.
D. Council accepts or rejects the Feasibility Report. If accepted, the Council orders a public
hearing on the improvements.
E, Staff publishes a hearing notice and malls notices to the affected property owners.
R Council conducts improvement hearing and adopts or rejects a resolution ordering the
improvement and the preparation of plans and specifications. Bonds to finance project
costs may be Issued at any time after the improvements are ordered.
G: Staff prepares final plans for Council approval, Council approves the plans and
authorizes the advertisement of the improvements and the opening of Bids,
0
H, Staff receives bids, prepares a bid tabulation, and makes a recommendation to the City
Council for Award. Council rejects the bids or awards a contract based on the bids
received.
L Performance of the work under contract is completed, Staff supervises construction,
prepares payments, and completes the improvement project.
JStaff prepares an assessment roll and presents It to the Council.
K, Council reviews the assessment schedule and orders an assessment hearing,
L Staff publishes a hearing notice, mails the notice of hearing date and the proposed
assessments to the affected property owners.
K Council conducts assessment hearing, adopts, revises, or rejects the resolution adopting
the assessment roll. If adopted, Council authorizes certification of the assessment to the
County Auditor.
N. Staff certifies the assessments to the County Auditor,
• Note: At Council's discretion, Item G may be carried out in advance of the
Improvement hearing,
• Note'. At Council's discretion, Items J-N may be carded out in advance to Council
award and constructing tile improvements,
$1
SECTION V.
GENERAL ASSESSMENT POLICIES
The cost of any Improvement shall be assessed upon property benefited by the Improvements,
based upon the benefits received. The following general principles shall be used as "a basis of
the City's assessment policy:
A. it is the general policy of the City of Lake Elmo to require future development in
accordance with the City Comprehensive Plan and for new areas of development In an
orderly manner, typically contiguous to existing development areas, It Is also the general
policy of the City of Lake Elmo to require all new development areas to provide for
adequate public Infrastructure at the Developers sole expense, and in accordance with
B: The use of special assessments will typically be employed by the City to finance needed
public improvements (e.g, parks and traits, sidewalks, water, sewer, and street
improvements) In certain areas that have previously been developed without all needed
Infrastructure, or to repair andlor replace aging infrastructure.
MIM
DThe "assessable cost' of an improvement is equal to the "project cost" minus the "City
cosr%
M
0
M
shall be two percent LI;%_mcirs loan the a era a coupon interest rate of the bonds, �jlh:hqht
rounded to the nearest quarter of a percent. If no bonds were sold, the interest rate shall
be set at the rate allowed by State law.
Pre -payment. The City will certify each year's collection (principal and interest) to the
County Auditor by November 30th. The owner of any property that is assessed may pay
their assessment in full, interest free for a period of 30 days after the adoption of the
assessment. After such period interest shall be computed from the date specified in the
assessment resolution. The owner of any property that is assessed may also, at any
time prior to certification of the assessment or the first installment thereof to the county
auditor, pay the whole of the assessment on such property to the City, With interest
accrued to the date of payment. In any subsequent year, the owner may at any time
prior to November 15, prepay to the City, the whole assessment remaining due with
interest accrued to December 31 of the year in which said prepayment is being made.
Where an improvement is designed for service of an area beyond that of direct benefit,
increased project costs due to such provisions for future service extensions may be paid
for by the City. The City will levy assessments to cover this cost when a new
improvement is installed as an extension of the existing improvement. As an alternative,
the City may assess these costs to the area of future benefit immediately,
H. Where the project cost of an improvement is not entirely attributable to the need for
service to the area served by said improvement, or Where Unusual conditions beyond the
control of the • of the property in the area served by the improvement would result
in an inequitable distribution of special assessments, the City, through the use of other
funds, may pay such 'City cdat' which, in the opinion of the City Council, represents the
excess cost not directly attributable to the area served�
1. If financial assistance is received by the City from the Federal Government, from the
State of Minnesota, the County, or from any other source to defray a portion of the costs
of a given improvement, such aid will be used first to reduce the "City cost' of the
improvement. If the financial assistance received is greater than the normal "City cost",
the remainder of the aid will be applied according to the terms of the assistance program
or at the Council's discreflon,
J. City -owned properties, including municipal building sites, parks and playgrounds, but not
including public streets and alleys� shall be regarded as befog assessable on the same
basis as if such property was privately -owned,
K, Improvements specifically designed for or shown to be of direct benefit to one or more
properties may be constructed by the City. The costs for these improvements will be
assessed directly to such properties, and not included in the assessments for the
remainder of the project, An example of this would be utility service lines running from
the main lines to the property.
L. Benefit Appralsals. In the event that City staff has doubt as to whether or not the
proposed assessments exceed the special benefits to the property in question
(increased property value as defined by State law), the City Council may order benefit
appraisals as deemed necessary to support the proposed assessments.
M. A property owner may elect to offset Special Assessments against condemnation
awards by executing a Net Assessment Agreement with the City Council,
ft Assessment Deferral Procedure for Green Acres Parcels: In cases where Improvement
projects are determined to benefit properties that have been certified to qualify for Green
Acres exemption, the City will determine that portion of the project cost that benefits
those properties, and finance that portion of the project cost as a system cost. During
the period of deferral, interest shall be applied annually to the unpaid principal balance of
the deferred amount at the rate established on the original special assessment, or as
adopted by resolution of the City Council at the time the original assessment is adopted,
Once the benefiting properties no longer qualify for Green Acres status, the City may
recover the unpaid principal balance plus Interest either through assessments or
connection charges,
O� Assessment Deferral for Hardships, The City Council will consider deferment for the
•. • • assessments on any homestead property, owned • a person 65
years • age or older, or retired by virtue • •- and total disability. A hardship
may •- deemed to exist when the annual principal installment • all assessments levied
against the property exceeds two percent (21/6) of the adjusted gross income of the
applicant as evidenced by the •. most recent federal income tax return, and
M
total assets (excluding the homestead property) do not exceed six times the adjusted
gross income.
The City Council may also determine, on a case by case basl% the existence of a
h2rissip Qn tl-,e if tkreitioal a?-# vnviQ21 circum4tuGes x,*t coon.-V ky tlietg
applicant an unreasonable preference or advantage over other property owners.
During the period of deferral, interest shall be applied annually to the Unpaid principal
upon the occurrence of any of the following events' (1) The death of the owner when
hardship will be conducted every three to five year&
M
SECTION V1.
I he Uty of Lake Elmo has adopted the following three methods for assessment of public
improvements' fixed cost unit, adjusted front footage, and by area method. For any
particular project one of these methods will more adequately reflect the true benefits
received in the assessment area than the other methods. The City Engineer, in his
Fp2sNdlit uJ%-LJ,.L`JLLJn&c11 Uhl
benefit received for the area to be assessed� The City Council Will select the preferred
method of calculating the assessments at the time the •r is ordered.
The general rule is to assess platted residential lots using the ""unit" assessment basis;
however, where platted residential lots do not reflect a general similar size and shape,
consideration will be given to an adjusted front footage basis, Commercial, Institutional,
and Industrial lots will be assessed on an adjusted front footage basis; however,
consideration Will be given to a "unit" assessment if the special benefit to the property In
the district Is essentially the same. The methods of assessment outlined within this
policy are not intended to be an exhaustive list of acceptable approaches, The Council
may adopt alternative approaches as they deem necessary to fairly and equitably
allocate assessments for unique situations,
The following methods of assessment, as described and defined below, are here
established as the official methods of assessment in the City of Lake Elmo,
1. Fixed Cost "Unit" Method of AssessmeM
IMPARrAWAMW
benefited area shall be assessed equally for the improvements,
The "fixed cost per unit" shall be defined as a quotient of the "assessable cost'
IM
For the purpose of determining the -unitsii or "parcelsall parcels� including
governmental agencies, shall be included In such calculation&
When large lots can be subdivided into more than one lot, the number of
assessable lots attributed to that parcel will be determined from the number of
potential future lots that could be obtained using current subdivision regulations.
I - I I WAMAPIOMMI-A
fixed units assigned to the property may be determined by an equivalent
2. -Adjusted Front Footage- Method c(Assessment
file citsf per aNtsteo Trom Yio*v� 77 assessa
quotient of the "assessable cost" divided by the total assessable frontage
benefiting frorn the improvemeriL The assessment for each parcel is then
each property, For the purpose of determining the "assessable frontage', all
-W-OW Jai
in such calculation.
TXP 7,ctuvd soysical Amensit*s *f v 12rcel Oluttl*s -?."�rt'veme'At fi.e., Street,
sewer, water, etc.) shall NOT be construed as the frontage utilized to calculate
r1*1a , 333 1� "I'll i Wiage mir-be
determined. in the Adjustment Front Footage method� odd shaped lots are
is to equalize assessment calculations for lots of similar size,
defined as the number of square feet or acres within the boundaries of the
appropriate property lines of the areas benefiting from the project, The
assessment rate (lie, cost per square foot) shall be calculated by dividing the
15
total assessable cost by the total assessable area. The assessment for each
a rwe of the %.rcel, On la lots -!he Ci LY E ineer-may deterrme—thhat onfi a
portion of the lot receives the benefit and may select a lot depth for the
calculations equal to the benefit received.
'P#�MTZMT
benefited area, including other governmental areas, churches, etc. shall be
Included in the assessable areas. The following items may not be included in
area calculations- nubile-swamg^-�-oAJAm�nr-
other wetlands designated by the Mn/DNR. The City Engineer Witt make the
recommendation on the benefited area the Feasibility Report,
In
SECTION VII.
such improvement to last for a defined period. The life expectancy or service life shall be as
ttate�•olicy statement of this section, or if different. shall be as s t d in the Resolutton
ordering the improvement and preparation of plans. When such project needs rishewing or
replacement prematurely� the amount to be assessed against the property owner shall be
expected service life of the original improvement,
A. POLICY STATEMENT
The following are hereby established as the "life expectancies" oof
and preparation of plans, in which cas% the life set forth in the Resolution shall govern,
1. Sidewalks and Trails - 15 years
2, Street Improvements, including surfacing and curb and gutter - 20 years
3: Street Lighting - 20 years
4, Water Mains and Appurtenances - 40 years
5 Sanitary Sewers and Appurtenances - 40 years
6, Storm Sewers and Appurtenances - 40 years
T Mechanical and Electrical Systems, Pumps and Controls - 15 years
SECTION, VIII.
A. STREET IMPROVEMENTS
Density Residential, Commercial, and Industrial Properties will be assessed if the
property abuts the Improvement Large lots and Undeveloped properties may be
assessed additional units In accordance with Section Vt. B
Comer Lots: A corner property having direct access to two public streets shall be
assessed 50% of the per unit basis when each public street is improved. When one
street is a collector street, the property shall be assessed 70% of the per unit basis for
the higher class street.
1. New Street Improvement Construction and Paving
All new street improvements will be assessed 100% to the benefited properfies
when the improvement includes a 'New" street, For new storm drainage systems,
adding curb and gutter, and paving gravel roadways, the 'New' improvement Will
be assessed 100%, while the base, subbase and other in place elements will be
assessed as defined under Street Reconstructions.
2. Local Street Improvements
Local street Improvements and paving shall be assessed based on the minimum
by the unit method; however, other methods may be considered. Oversizing
(4) any other method or combination of methods authorized by the City Council
In generaij collector and arterial street improvements ire cons! ered a
18
I i municipal state aid funds. Residential propedies with private access to collector
a local City standard street determined by removing street oversize costs and
additional costs associated with higher traffic volumes,
property benefitfing area with the area to be determined by the City and
approved by the City Council.
Romm
All residential street reconstructions shall be 300%, assessed to the beriefitting
properties and will normally be assessed by the unit method. Street
5. Street Maintenance Overlays and Seat Coating
Bituminous overlay projects, bituminous seal coats, patching, crack sealing, fog
sealing, and filling potholes will not be assessed when completed as part of the
street system's "life cycle" maintenance activities.
- 1-1 --11-1, 11## ## #R— - ►
- nar-
period. The City may install sidewalks, trails or bikeway improvements in accordance
vinth the City Comprehensive Plan for the coor for City Council directed
purposes, in which case the City may not assess the improvements. At City CoUncil
,�art of a street co nstru tiS ss! wltl—pwk
ri�struc Ion/rec o
usi Municipal State Ald—&n ing, C
funds.
I. Atew Construction
New sidewalks, trails, and bikeway improvements will be 100% assessed to the
benefitting properties based upon the adjusted front footage,
2 Reconstruction
Replacement sidewalks, trails and bikeway improvements will be assessed 30%
to the abutting residential properties and assessed 100% to the abutting
commercial, industrial, and institutional properties.
*y the Council for each specific project.
Street Light improvements may be assessed as determined by the Council for each
specific project.
E. TRANSPORTATION IMPROVEMENTS
All costs associated with traffic and transportation related improvements, such as
widening of a roadway for turn lanes, additional driving lanes, on -street parking, traffic
calming, and traffic signalizatlion may be assessed 100% to the benefiting properties.
Storm sewer and drainage facility improvements shall be considered and incorporated
as part of street Improvement projects and assessed as part of the project and levied
over a 10-year period, Storm sewer and drainage facility improvements completed as
independent projects will normally be assessed by the area method taking into account
each parcels land use and rate of runoff as determined by the City Engineer.
1, New Storm Sewer and Drainage Facility Improvements
New storm sewer and drainage facility improvements installed in conjunction with
new street construction where no storm sewer previously existed will be
assessed 100% and be included in the street assessment to benefiting
IN
properties, If the facilities are oversized to accommodate drainage from areas
outside the street improvement assessment area, the additional casts may b
assessed to the properties in the contributing area. "their assessment will b
determined by the area method based on the contributing area of the parcel(s)
taking into account the land use and rate of runoff.
2 Replacement and Major Maintenance of Storm Sewer Improvements
Any replacement costs or reconstruction of existing storm sewers and drainage
facilities in conjunction with street reconstruction projects will be assessed 30
and be included in the street assessment to benefiting properties, If the facilities
are oversized to accommodate drainage from areas outside the street
improvement assessment area, the additional costs may be assessed to the
properties In the contributing area, Their assessment will be determined by the
area method based; on the contributing area of the parcel(s) taking into account
the land use and rate of runoff,
G. SANITARY SEWER IMPROVEMENTS
Assessments for sanitary sewer improvements small be based upon the cost of
construction of -inch sewer mains. Oversizing costs due to larger mains and larger
appurtenances and/or extra depths required to service future development, and major
trunk sewers or Interceptors will not be assessed and will be "City system costs" funded
out of the Sanitary Sewer Reserve Fund. Normally, sanitary sewers will be assessed
lasing an adjusted per lot method, with the adjustment made using the Metropolitan
Council calculation to establish a residential equivalent unit (REC). Normally, sanitary
sewer system assessments are levied over aLyar pnooµ sirs cthrwrse set by..,._.. momete: aii,irs
the City Council:
Street improvements and major street maintenance that are completed as part of utility
replacement projects and has effectively accelerated the replacement of the street
before its expected useful life, shall be funded through the Sanitary Sewer Reserve
Fund in proportion to the remaining design life of the street.
21
9, Interceptor Sewer System
The Metropolitan Council Environmental Services (MCES) is responsible for the
construction of the regional interceptor sewer system and for the wastewater
treatment facility to treat the sewage generated in the City of take Elmo. The
MCES has established a Sewer Availability Charge (SAC) that is collected from
each unit connected to the sanitary sewer system. The current charge per
residential equivalent unit (REC) is collected, in full, by the City at the time of
connection or the issuanceof the building permit as part of the City`s Sewer
Availability Charge. The City collects this charge and passes the required portion
of this fee can to the MCES,
. Trunk Sanitary Seaver System
The Trunk Sanitary Sewer System is constructed to serve the entire community
or a larder service; area and therefore is deemed to be of community -wide
benefit. Trunk sanitary sewers, lift stations, and other trunk sewer system
facilities shall be financed by a City Sewer Availability Charge (SAC) to be paid at
the time of connection to the City system with a City trunk system component
and a pass through component to the MCES
The City portion of the Sewer Availability Charge (SAG) Ang tit' CcnrieclioQ fetes ,.
can units existing at the time of construction may be paid in normally not more
than 12C1 annual installments of principal plus intarest.on the unpaid rinciflai ,v-
balance at an interest rate set by the City Council. The Sewer Availability Charge
(SAC) on units built after the sewer construction should be paid in full at the time
the building permit is issued:
3, Lateral Sanitary Sewer System
The costs for lateral sanitary sewers shall be fully assessed 100% to the
benefiting properties. Commercial, institutional, industrial and multiple land uses
and undeveloped lands are converted into equivalent residential units for
assessment purposes. Any building unit which is served directly by an interceptor
or trunk sewer and therefore requires no lateral sewer, is levied a lateral benefit
assessment which is equal to the Sewer Lateral Benefit Charge as set In the
latest adopted City Fee Schedule.
22
i3rmatted: Highlight
The replacement of existing sanitary sewer mains and service lines within the
right-of-way will not be assessed, but rather financed from the Sanitary Sewer
Reserve Fund or other funding sources identified by the City Council. Each
property shall pay for the replacement of the service line on their private property,
from the right-of-way to the building/home.
fit. WATERMAIN IMPROVEMENTS
Assessments for new water main improvements shall be based upon the cost of
construction of S-Inch water mains, Oversizing costs clue to larger mains and larger
appurtenances will not be assessed and will be "City system costs" funded out: of the
Water Reserve Fund. Normally, water mains will be assessed using an adjusted per lot
method; with the adjustment made using the Metropolitan Council sewer calculation to
establish a residential equivalent unit (RSC), Normally, water system assessments are
ebyytieCity
levied over a..w.,.u_v_.,.w..
d,
FormatteHighlight
Formatted. Highlight
Street improvements and major street maintenance that is completed as part of utility
_.
replacement projects and has effectively accelerated the replacement of the street
before it's; expected useful life, shall be funded through the Water Reserve Fund in
proportion to the remaining design life of the street.
9. Trunk Water Mains, Supply, Storage, and Treatment Facilities
The Trunk Water Systems Facilities are constructed to serve the entire
community or a lamer service area and therefore deemed to be of community
wide benefit. Trunk water mains, pump stations, wells, storage tanks, and
treatment facilities shall be financed by a Water Availability Charge (WAC) to be
paid at the time of connection to the City system:
Water Availability Charge {WAC} and (its Cont cticr fees can units eastrn at
.. �ratttRgn�ignt
the time of construction may be paid in normally not more than Iloii annual
ratted �R����a�t
installments of principal plus interest on the unpaid principal balance at an
interest rate set by the City Council. Water Availability Charge (WAC) on units
built after the water main construction should be paid_in full at the time the
building permit is issued.
2
2. Lateral Water Mains
The costs for lateral water mains shall be fully assessed 100 to the benefiting
properties. Commercial, institutional, industrial and multiple land uses, and
undeveloped lands are converted into equivalent residential units for assessment
purposes,
Any building unit in a municipal urban service area (those areas guided for
municipal sanitary sewer service) which is served directly by a trunk water main
and therefore requires no lateral water main, is levied a lateral benefit
assessment which is equal to 1.0 times the Watermain lateral Benefit Charge as
sat in the latest adopted City Fee Schedule. The building unit roust connect to the
municipal water system within two years of the service being made available:
Any building unit outside of a municipal urban service area (those areas not
guided for municipel tersaraa eater serc vflich is served drrectly try am .., .arae »ant«ant
trunk water main and therefore requires no lateral water main, is levied lateral
benefit assessment which is equal to 0.5 times the Watermain Lateral Benefit
Charge as set in the latest adopted City Fee Schedule and a service stub shall
be installed for the building unit. An additional 0.5 times the Watermain Lateral
Benefit Charge shall be charged with the permit at the time of connection to the
grater system if the property chooses to make a connection. The later charge
shall be made using the Watermain Lateral Benefit Charge as set in the latest
adopted City Fee Schedule at the time of the connection.
The replacement of existing water mains and service lines within the right-of-way
will not be assessed, but rather financed from the Water Reserve Fund or other
minding sources identified by the City Council. Each property shall pay for the
replacement of the service line on their private property, from the right-of-way to
the building/home:
2
BATE; October 4,2016
CONSENT
ITEM #t
AGENDA ITEM: Adoption of Amended 2016 Fee Schedule
SUBMITTED BY. _ Staff
THROUGH: II: Cathy Bendel, Finance Director
REVIEWED BY. Staff
SUGGESTED ORDER OF BUSINESS i removed Lrom the consent end
- Introduction of Item ....: w........: µ .......: ........ ....................... . City Administrator
Report/Presentation. . .......................... . ................... City Administrator
r
Questions from Council to Staff ......... ................:.......:.... Mayor Facilitates
j
y Call for Motion .:. .................................... ..::........ Mayor & City Council
- Discussion.......... .......... .................. ........................ mayor & City Council
- Action on Motion ... Mayor Facilitates
POLICY RECOMMENDER: Staff
FISCAL IMPACT: Specific annual dollar amount impact is not available at this time.
SUMMARY AND ACTION QUESTED: The City Council is respectfully requested to
adopt Ordinance 0 -155, An; Ordnance Amending the Lake Elmo Fee Schedule. The suggested
motion is as follows:
"Move to approve Ordinance 118455, An Ordinance Amending th e;Lake Ehn _Fee Schedule.
"
LEGISLATIVE HISTORY: It is incumbent upon the City to continually and regularly review
the Municipal Fee Schedule to ensure that it is in compliance with state and local law as well as
continually able to bejustified.
The majority of the updates were suggested by the new City building official after a full review
of the current fee sheet.
RECOMMENDATION: The City Council is respectfully requested to adopt Ordinance 08-1 5,
An Ordnance Amending the Lake Elmo Fee Schedule: As part of its consent agenda, no formal
pages 1 --
City Council Meeting Agenda Item 20
March 30, 201
motion is required, if Council would life to remove this item from the Consent Agenda, the
suggested motion is as follows;
"Move to approve Ordinance 0 -155, An Ordinance Amending the Labe Elmo Fee Schedule."
ATTACHMENTS:
1. Ordinance -15
2. Resolution ##201 - 5
. 2016 City of Lake Elmo fee Schedule
-- page --
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MIN NESOTA
4
RESOLUTI(.#jN AUYI
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-155,
an ordinance amending the City Code of Ordinances by amending the City's provisions related to
theCity Council-, and
WIIEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the Ordinance; and
fill ine City ClerK snan cause me following summary of Drumance flo. V011"DDLO Re P—Ruis Wein
the official newspaper in lieu of the entire ordinance -
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-155, which amends
the City's 2016 Fee Schedule to add an escrow to the sewer connection permit to ensure that the
septic tank is abandoned properly when a property is connected to City sewer.
The full text of Ordinance No. 08-155 is available for inspection at Lake Ehno city hall during
regular business hours.
•
rund-
riall 101- purilu Hispcuuoli alli:
be placed for public ection at the Lake Elmo Public Library.
MV
Mike Pearson, Mayor
Julie Johnson, City Clerk
Resolution 2016-85 Page,I oft
4778020 SJS LA515-1
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
d upon vote being taken thereon, the following voted in favor thereof:
and the following votes against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution 2016-85 Page 2 of
4778020 SJS LA515.1
CITY OF LAKE ELM(
COUNTY OF WASHINGTON
STATE OF MINNESOTA
SECTION 11. Not Codified. This ordinance is transitory in nature and shall not be codified in
the City Code. This ordinance and the fee schedule established hereby shall be placed on file
and available for public inspection at City Hall.
SECTION 111. Effect. The fees set out in the Attached fee schedule apply notwithstanding any
*ther fees the City has established which may be inconsistent. An other fees i sed b the
y inipo y
City which do not appear on the attached fee schedule remain in full force and effect.
SECTION IV. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION V. Adoption Date. This Ordinance No. 08-155 was adopted on this 5th day of
October, 2016, by a vote of —Ayes and — Nays.
Mike Pearson, Mayor
Julie Johnson, City Clerk
This Ordinance was published on the — day of 12016.
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THE' CITY01'
LAKE ELMO
MAYOR & COUNCIL COMMUNICATION
DATE: 10/4/2016
CONSENT
ITEM #- 5
AGE NDAITEM: Business SAC Deferral Program Agreement with Met Council
SUBMITTED BY: Cathy Bendel, Finance Director
THROUGH- Kristina Handt, City Administrator
REVIEWED BY: Kristina Handt, City Administrator
SUGGESTED ORDER OF BUSINESS ffpulled tLom Conseni :
- Introduction of Item ................ - .................. .......... ................ ...... Staff
- Report/Presentation., ........... ................... ............. .................... Staff
- 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
I ii I III IN i i 11 1 111 i A
FISCAL IMPACT: Staff time for additional reporting requirements
The City Council is respectfully requested to consider approving entering into a Master SAC
Deferral Agreement with the Met Council for Commercial Properties. This agreement allows
certain Commercial Properties which qualify to enter into a deferral agreement with the Met
Council for the Met Council sewer connection fees. As this is part of the Consent Agenda, no
specific motion is required. If the Council chooses to pull the item for discussion, the
recommended motion for this action is as follows:
1- Yejerrat Agreemen ouncujor
Cont in ercial Properties"
City Council Meeting [Consent Agenda Item 5]
October 4, 2016
11 �� * li 1: 1 i i � �fI i:
zlwli
The Finance Committee has been reviewing financing matters related to the downtown a
presented their recommendations on Septernbers 20, 2016 which included directing staff to ril
back to City Council the Master SAC Deferral Agreement for approval.
Staff is reconimending that the City Council consider approving the attached Master S A]
Deferral Agreement. If the Council chooses to pull the item for discussion, the recommend
motion for this action is as follows:
�Wve to approve execution qf the Master SAC D I Agreement with the Met Council./or
Connn ercial Properties"
ATTACHMENT
-- page 2 --
COMMUNITY: City of Lake Elmo No, TBD
CoN,tmuNiTYADDRESS: 3800 Laverne Avenue
CONTACT PERSON: Cathy Bendel
COMMUNITY-NVIDE SAC DEFERRFD AMOUNT:
COMMUNITY -WIDE SAC DEFERMENT PE RIOD:
PAY MENT MONTH(S):
r I I I !I!
L
THIS MASTER SAC DEFERRAL AGREEMENT ("Agreement") is entered into by and between
the Metropolitan Council, a public corporation and political subdivision of the State of Mimiesota,
with business offices at 3 90 Robert Street North, Saint Paul, Minnesota 55 101 ("Council"), and the
local goveminent unit identified above as the "Community."
1. the Council owns and operates the metropolitan disposal system. Under Minnesota Statutes
section 473-517, subdivision 3, the costs of acquisition, betterment and debt service associated with
the "reserve capacity" of the system must be allocated among and paid by the respective local
government units in the metropolitan area through a sewer availability charge ("SAC") for each new
connection or increase in capacity demand to the metropolitan disposal systern within each local
goveroment unit.
3. Minnesota Statutes section 473.517, subdivision 6 authorizes the Council to provide for the
deferment of payment of all or part of the allocated costs which are allocated by the Council to a local
governinent unit in any year pursuant to section 473,517, subdivision 3, The deferments are repayable
at such time or times as the Council shall specify, with interest.
4. At its November 28, 2012 meeting, the Council adopted changes to its SAC program including
a small business SAC det6tral prograrn. The changes became effective January 1, 2011 At its
January 22, 2014 meeting, the Council adopted changes to the SAC deferral program that became
effective immediately upon adoption.
5. The Council wants to encourage and help communi�ties promote business development by
deferring community SAC payment obligations pursuant to Minnesota Statutes section 473.517,
subdivision 6, so participating communities may pass through to businesses the benefits of deferred
SAC payments by the conununities. The Council's Sewer Availability Charge Procedure Manual
(January 2014) states that communities that want to participate in a SAC deferral program must
execute a standard master SAC deferral agreement with the Council.
S. To obtain a deferment of a SAC payment obligation and provide assistance to businesses,
cotranunities will submit to the Council a signed master SAC deferral agreement. For the term of the
master agreement, communities wil I have the option to note on their monthly SAC reporting, on forms
as provided by the Council, the eligible SAC liabilities for which the conununities are requesting a
SAC payment deferment from the Council. For each such subject SAC liability the deferment will
be effective as of the first day of the subsequent month (e.g., for an April building permit that is
reported for SAC in May, the deferment will be effective as of June 1).
•JOB] 1111mitfal"
1.1 Definition of Terms. Unless otherwise provided or indicated by the context, the terms defined
in this article have the meanings given them in this article. Capitalized terms or phrases used in this
Agreement have the meanings given them in the most recent version of the Council's Selver
Availability Charge Procedure Manual (the "SAC Procedure Manual").
(a) Communit .y. "Community" means a "Community" or "Customer Community" as those terms
are defined in the SA C Procedure Manual.
(b) Determination. "Detennination" has the meaning ascribed to that term in the SAC Procedure
Manual.
(c) Regional Portion of Local SAC. The "Regional Portion of Local SAC" means that portion of
the Community's SAC payment obligations to the Council that the Community passed on to
properties within the Community's jurisdiction and does not include any local add -on charges.
(d) SAC Deferred Amount. "SAC Deferred Amount" means the amount of the Community's SAC
obligation under Minnesota Statutes section, 473.517, subdivision 3 that has been deferred
pursuant to Minnesota Statutes section 473.517, subdivision 6 and the terms and conditions of
this Agreement.
Article 2 — SAC Deferred Amount; Interest; Payments