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HomeMy WebLinkAbout09-19-17 Full Meeting Packet NOTICE OF MEETING City Council Meeting Tuesday, September 19, 2017 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. September 5, 2017 D. Public Comments/Inquiries E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements 3. Accept August 2017 Assessor’s Report 4. Accept August 2017 Building Department Report 5. Accept August 2017 Fire Department Report 6. Accept August 2017 Public Works Department Report 7. Approve Safe Assure Contract Renewal 8. Approve Private Development Security Reductions – Inwood PUD 1st & 2nd Additions; 9. Approve Easton Village Park LOC Reduction 10. 2017 Seal Coat Project – Pay Request No. 2 (FINAL). 11. Old Village Ph3 Street & Utility Improvements – Approve Pay Request No. 3. 12. 2017 Street Improvements – Change Order No. 2. 13. 2017 Street Improvements – Approve Pay Request No. 3. 14. Inwood Water Tower (No. 4) – Approve Pay Request No. 12. 15. Street Maintenance and Capital Improvement Program – Authorize Geotechnical Services. 16. Approve Danielson Settlement Agreement 17. Approve Hire of Four Part Time Firefighters 18. Approve Burn Agreement 19. Approve Hire of City Planner 20. Approve Change Order No. 1-Lions Park Improvement Project 21. Approve Appointment of Michelle Whitman to the Human Resources Committee G. Regular Agenda 22. Royal Golf Development Agreement – Resolution 2017-096 23. Northport Development Agreement – Resolution 2017-097 24. Hidden Meadows Final Plat Extension Denial- Resolution 2017-094 25. 2017 Street Improvements – Call for Hearing on Proposed Assessment – 2017-100 26. Inwood Trunk Watermain Improvements – Call for Hearing on Proposed Assessment – Resolution 2017-099 27. Old Village Ph2 (CSAH 17) Improvements – Call for Hearing on Proposed Assessment - Resolution 2017-098 28. Preliminary 2018 General Fund and Annual Budget, Tax Levy and Public Hearing Date – Resolution 2017-095 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 SEPTEMBER 5, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Fire Chief Malmquist, and City Clerk Johnson. APPROVAL OF AGENDA Item 3, “Approve Hire of Assistant City Administrator”; Item 4, “”Approve Draintile and Additional Mulch Costs for Easton Village Park”; Item 5, “Approve Parks Commission Membership Change”; Item 10, “Approve Right of Way Ordinance Update”; Item 11, “Approve Hammes Park Amenities”; and Item 12, “Approve Conditional Job Offer to Park Time Firefighter Applicants Nate Wagner and Kyle Jacket.” Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the August 15, 2017 Regular Meeting were accepted as amended. PUBLIC COMMENTS/INQUIRIES Bill Wacker, 3603 Laverne Ave. N., requested that the City reconsider the location of the proposed hockey rink at Lions Park due to noise and lighting concerns. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Approve Hire of Assistant City Administrator 4. Approve Draintile and Additional Mulch Costs for Easton Village Park 5. Approve Parks Commission Membership Change 6. Approve Private Development Security Reductions – Various Developments. 7. Old Village Phase 3 – Change Order No. 2. 8. CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Agreement Pmt No. 3. 9. CSAH15 / 50th Street Traffic Signal – Approve Cooperative Agreement Payment No. 2. 10. Approve Right of Way Ordinance Update - Ordinance No 08-186, Resolution 2017-090 11. Approve Hammes Park Amenities LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2017 Page 2 of 5 12. Approve Conditional Job Offer to Part Time Firefighter Applicants Nate Wagner and Kyle Jacket Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 13: Old Village Phase 4 Street & Utility Improvements – Accept Petition and Authorize Preliminary Engineering Services City Planner Griffin reviewed the Old Village CIP Phasing Plan and areas included in phase 4. Griffin also reviewed details and challenges for street and utility improvements in phase 4 along with the proposed project schedule. Councilmember Nelson, seconded by Mayor Pearson, moved TO APPROVE RESOLUTION NO. 2017-92, DECLARING ADEQUACY OF PETITION AND ORDERING PRELIMINARY DESIGN AND PREPARATION OF A FEASIBILITY REPORT FOR THE OLD VILLAGE PHASE 4 STREET AND UTILITY IMPROVEMENTS IN THE NOT TO EXCEED AMOUNT OF $26,400. Motion passed 5 – 0. ITEM 14: Royal Golf PUD Final Plat Planning Director Becker presented a review and analysis of the application for final plat and PUD approval. Becker reviewed changes and issues resolved since approval of the preliminary plat. Becker noted changes recommended by the City Attorney to conditions 9 and 28 and stated that staff recommends approval of the application subject to the 28 recommended conditions. Councilmember Nelson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-93 APPROVING THE ROYAL GOLF CLUB AT LAKE ELMO FINAL PLAT AND PUD PLANS SUBJECT TO THE CONDITIONS AS RECOMMENDED BY STAFF AND THE PLANNING COMMISSION AND WITH AN AMENDMENT TO CONDITIONS 9 AND 28 AS RECOMMENDED BY THE CITY ATTORNEY AND AMENDMENT TO CONDITION 12 TO ALLOW FOR PARKLAND DEDICATION FEE TO BE PAID IN LIEU OF SOME TREE REPLACEMENT. Motion passed 5 – 0. ITEM 15: Village Park Preserve Final Plat Planning Director Becker reviewed changes to the preliminary plat and parkland dedication and summarized comments from the Planning Commission, Engineering, Washington County and Metropolitan Airports Commission. Paul Hoyer, Pulte Homes, addressed questions regarding trails, indicating that the developer would install the trail from the stubbed road easterly to the dedicated park land. Mayor Pearson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-089, APPROVING THE VILLAGE PARK PRESERVE FINAL PLAT WITH THE 24 CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF AND THE PLANNING COMMISSION. Motion passed 4 – 1. (Fliflet – nay) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2017 Page 3 of 5 Councilmember Fliflet stated she did not support the motion as the proposed development lacks the character strived for in Lake Elmo. ITEM 16: Hidden Meadows Final Plat Extension Planning Director Becker reviewed the developer’s request for additional time to work through the conditions of approval. Councilmember Fliflet, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2017-091 APPROVING A FINAL PLAT EXTENSION REQUEST FOR HIDDEN MEADOWS 2ND ADDITION TO APRIL 30, 2018. Motion failed 1 – 4. (Pearson, Bloyer, Lundgren, Nelson – nay) Councilmember Bloyer stated he would not support the extension because of the number of deviations. Councilmember Lundgren stated she would not support the extension because it has gone on for 11 years. Councilmember Nelson, seconded Councilmember Bloyer, moved TO DENAY THE REQUEST FOR A FINAL PLAT EXTENSION FOR HIDDEN MEADOWS 2ND ADDITION AND DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDINGS FOR DENIAL. Motion passed 4 – 1. (Fliflet – nay) ITEM 3: Approve Hire of Assistant City Administrator Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO HIRE JACOB FOSTER AS THE ASSISTANT CITY ADMINISTRATOR WITH A STARTING BI- WEEKLY SALARY OF $2,116.80. Motion passed 4 – 1. (Fliflet - nay) Councilmember Fliflet stated she did not support the motion because she did not support the addition of the position. ITEM 4: Approve Draintile and Additional Mulch Costs for Easton Village Park City Administrator Handt outlined the costs for installing draintile and additional mulch at the Easton Village Park. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO APPROVE THE INSTALLATION OF DRAIN TILE BY FRIEDGES INC AND THE PURHCASE OF ADDITIONAL MULCH FROM NORTHLAND RECREATION FOR EASTON VILLAGE PARK IN AN AMOUNT NOT TO EXCEED $22,000. Motion passed 5 – 0. ITEM 5: Approve Parks Commission Membership Change Brief discussion held concerning the membership change. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO CONFIRM TUCKER PEARCE AS A VOTING MEMBER OF THE PARKS COMMISSION. Motion passed 5 – 0. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2017 Page 4 of 5 ITEM 10: Approve Right of Way Ordinance Update City Attorney Sonsalla explained amendments made to the state statute by the legislature that necessitate updates to the City’s ordinance. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT ORDINANCE 08- 185 AMENDING CHAPTER 94: RIGHT OF WAY MANAGEMENT PERMITS TO INCLUDE PROVISIONS AND STANDARDS FOR SMALL WIRELESS FACILITIES, ORDINANCE 08-186 AMENDING THE CITY’S FEE SCHEDULE TO INCLUDE A SMALL WIRELESS FACILITY PERMIT FEE, AND RESOLUTION 2017-090 APPROVING SUMMARY PUBLICATION OF ORDINANCE 08-185 AND 08-186. Motion passed 4 – 0 - 1. (Lundgren – abstain) ITEM 11: Approve Hammes Park Amenities City Administrator Handt briefly reviewed the proposed park amenities and noted that they are consistent with the amenities at Pebble Park as desired by the Parks Commission. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE PROPOSED IMPROVEMENTS TO THE PARK WITHIN HAMMES ESTATES (LAKERIDGE CROSSING). Motion passed 5 – 0. ITEM 12: Approve Conditional Job Offer to Part Time Firefighter Applicants Nate Wagner and Kyle Jacket Discussion held concerning the total number of applicants and the interview process. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE A CONDITIONAL JOB OFFER TO NATE WAGNER AND KYLE JACKET, TO ALLOW THEM TO CONTINUE WITH AND COMPLETE THE ADDITIONAL REQUIREMENTS OF THE HIRING PROCESS. 1) BACKGROUND CHECK, 2) ABILITY TEST, 3) PRE- PLACEMENT PHYSICAL AND 4) PSHYCHOLOGICAL EVALUATION. Motion passed 4 – 1. (Fliflet – nay) Councilmember Fliflet stated she did not support the cost of physicals and testing if the new hires currently work in other communities. COUNCIL REPORTS Mayor Pearson: Recognized the contributions of recently resigned Parks Commission Chair Shane Weis. Attended Open for Business meeting and comp plan meetings. Noted that Councilmember Bloyer went to Texas with food and water to assist with relief efforts. Councilmember Nelson: Attended the Old Village ribbon cutting, addressed citizen comments and announced upcoming ground breaking for the Sally Manzara Nature Center. Councilmember Lundgren: Thanked Shane Weis, attended comp plan meetings and thanked farmers market volunteers. Councilmember Bloyer: Fielded comp plan comments, attended Open for Business event. Thanked Chief Malmquist and Brian Johnson for help with the Tri Lakes event. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2017 Page 5 of 5 Councilmember Fliflet: Fielded many questions from residents, noted the upcoming last weekend for the farmers marking. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Reported several project are ongoing including water meter replacement. Staff is preparing for upcoming committee meetings. Attended Washington County release party and noted Lake Elmo was recently featured in a Minnesota Real Estate magazine. City Clerk Johnson: Reported that a live telecast of public meetings is now available through a link on the City’s website. City Attorney Sonsalla: Working on the Royal Golf and Village Preserve development agreement and plat. Planning Director Becker: Planning to attend the upcoming farmers market to solicit input on the comp plan. City Engineer Griffin: Working on construction projects and plan review. Meeting scheduled regard the Highway 36 south frontage road. Meeting adjourned at 9:03 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk Accounts Payable To Be Paid Proof List User: Amy Printed: 09/14/2017 -12:00 PM Batch: 019-09-2017 I nvoice# 8 lake Carver BLAKECAR Inv Date 4597 01/01 /20] 7 206-450-5300-43250 Internet 4597 Total: BLAKECAR Total: Blake Carver Total: Boarman Kroos Vogel Grp Inc BOARMANK 43872 08/25/2017 4 I 1-480-8000-43030 Engineering Services 43872 Total: BOARMANK Total: Boannan Kroos Vogel Grp Inc Total: Borowick Theresa L-BOROWI 20170911 09/11/2017 206-450-5300-44300 Miscellaneous 20170911 Total: L-BOROWI Total: Borowick Theresa Total: AP -To Be Paid Proof List (09/14/17 -12:00 PM) Amount Quantity Pmt Date Description Reference 160.00 160.00 160.00 160.00 3,766.53 3,766.53 3,766.53 3,766.53 60.00 60.00 60.00 60.00 0.00 09/19/2017 Website Hosting 010117-123117 0.00 09/19/2017 2162.01 LE Municipal Space Needs Assmt 0.00 09/19/2017 Library Card Reimbursement Task Type �-� PO # Close POLine # No 0000 No 0000 No 0000 Page I Invoice# Inv Date Amount Quantity Pmt Date Description Reference Task Type PO# Close POLine # Braun lntertec Corporation BRAUN 8103704 09/08/2017 5,621.75 0.00 09/19/2017 20 I 7 Street Project 2016.135 No 0000 409-480-8000-43150 Contract Services BI03704 Total: 5,621.75 8103706 09/08/2017 1,451.68 0.00 09/19/20 I 7 OV Phase 3 Project 2016.133 No 0000 409-480-8000-43150 Contract Services BI03706 09/08/2017 601.80 0.00 09/19/2017 OV Phase 3 Project 2016. 133 No 0000 60 l -494-9400-43150 Contract Services 8103706 09/08/2017 778.52 0.00 09/19/2017 OV Phase 3 Project 2016.133 No 0000 602-495-9450-43 I 50 Contract Services 8103706 Total: 2,832.00 BRAUN Total: 8,453.75 Braun lntertcc Corporation Total: 8,453.75 CB & I Constructors, Inc. CB&I 20170831 08/31/2017 42,294.00 0.00 09/19/2017 Inwood Water Tower 2015.130 No 0000 60 l-494-9400-43030 Engineering Services 20170831 Total: 42,294.00 CB & I Total: 42,294.00 CB & I Constructors, Inc. Total: 42,294.00 Cintas Corporation #754 CINTAS 754761190 08/15/2017 85.46 0.00 09/19/2017 Rugs & Supplies No 0000 206-450-5300-440 I 0 Repairs/Maint Bldg 754761190 08/29/2017 36.65 0.00 09/19/2017 Rugs & Supplies June 2017 No 0000 206-450-5300-440 I 0 Repairs/Maint Bldg 754761190 Total: 122.11 754766218 08/29/2017 85.46 0.00 09/19/2017 Rugs & Supplies No 0000 206-450-5300-44010 Repairs/Maint Bldg 754766218 Total: 85.46 754766618 08/30/2017 114.53 0.00 09/19/2017 Uniforms No 0000 IO 1-430-3100-44170 Unifonns 754766618 Total: 114.53 754769192 09/06/2017 107.13 0.00 09/19/2017 Unifonns No 0000 101-430-3100-44170 Uniforms 754769192 Total: 107.13 AP -To Be Paid Proof List (09/14/17 -12:00 PM) Page 2 Invoice# Inv Date Amount Quantity Pmt Date Description Reference Task Type PO# Close POLine # 754771289 09/12/2017 87.36 0.00 09/19/2017 Cleaning and maintenance supplies No 0000 101-410-1 940-440 I 0 Repairs/Maint Contractual Bldg 754771289 Total: 87.36 CINTAS Total: 516.59 Cintas Corporation #754 Total: 516.59 City of Bloomington CTYBLOOM 1700117 09/07/2017 42.00 0.00 09/19/2017 Lab Bacteria Testing -August 2017 No 0000 60 l-494-9400-42270 Utility System Maintenance 1700117 Total: 42.00 CTYBLOOM Total: 42.00 City of Bloomington Total: 42.00 City of Oakdale CTYOAKDA 20170831 08/31/2017 36,339.52 0.00 09/19/2017 Water meter -South Pit 080217-No 0000 601-494-9400-43820 Water Utility 090117 20170831 Total: 36,339.52 201709085791 09/08/2017 1,550.99 0.00 09/19/2017 91 -Tl repairs No 0000 IO l-420-2220-44040 Rcpairs/Maint Eqpt 201709085791 Total: 1,550.99 201709085792 09/08/2017 445.25 0.00 09/19/2017 92 -E2 repairs No 0000 l O l -420-2220-44040 Repairs/Maint Eqpt 201709085792 Total: 445.25 201709085793 09/08/2017 44.55 0.00 09/19/2017 93 -T2 repairs No 0000 IO l-420-2220-44040 Repairs/Maint Eqpt 201709085793 Total: 44.55 201709085794 09/08/2017 863.77 0.00 09/19/2017 94 -U2 repairs No 0000 l O l -420-2220-44040 Repairs/Maint Eqpt 201709085794 Total: 863.77 201709085795 09/08/2017 680.74 0.00 09/19/2017 95 -El repairs No 0000 10 l-420-2220-44040 Repairs/Maint Eqpt 201709085795 Total: 680.74 CTYOAKDA Total: 39,924.82 City of Oakdale Total: 39,924.82 AP -To Be Paid Prooflist(09/14/17 -12:00 PM) Page 3 Invoice# Inv Date Amount Quantity Pmt Date Description Reference Task Type PO# Close POLine # City of Roseville CTYROSEV 223386 08/31/2017 5,228.33 0.00 09/19/2017 Monthly IT Services -August 2017 No 0000 I 01-410-1450-43180 Information Technology/Web 223386 Total: 5,228.33 223417 08/31/20[ 7 I 12.47 0.00 09/19/2017 Monthly Telephone -Adm in Aug 2017 No 0000 I 01-410-1320-43210 Telephone 223417 08/31/2017 23.66 0.00 09/19/2017 Monthly Telephone -Bldg Insp Aug No 0000 IO 1-420-2400-43210 Telephone 2017 223417 08/31/2017 234.87 0.00 09/19/2017 Monthly Telephone -PW Aug 2017 No 0000 I 01 -430-3100-43210 Telephone 223417 08/3 I /2017 17.77 0.00 09/19/2017 Monthly Telephone -Engineering Aug No 0000 I 0!-410-1930-43210 Telephone 2017 223417 08/31/2017 35.55 0.00 09/19/2017 Monthly Telephone -Finance Aug No 0000 I 01-4 I 0-1520-43210 Telephone 2017 223417 08/31/2017 49.30 0.00 09/19/2017 Monthly Telephone -Planning Aug No 0000 I 01-410-1910-43210 Telephone 2017 223417 Total: 473.62 CTYROSEV Total: 5,701.95 City of Roseville Total: 5,701.95 Clifton, Larson, Allen LLP CLIFTON 1578654 08/31/2017 16,716.00 0.00 09/19/2017 072717-082417 Services No 0000 101-410-1520-43150 Contract Services 1578654 08/31/2017 2,089.50 0.00 09/19/2017 072717-0824 I 7 Services No 0000 60 l-494-9400-43150 Contract Services 1578654 08/31/2017 1,044.75 0.00 09/19/2017 072717-082417 Services No 0000 602-495-9450-43150 Contract Services 1578654 08/31/2017 1,044.75 0.00 09/19/2017 07271 7-082417 Services No 0000 603-496-9500-43 I 50 Contract Services 1578654 Total: 20,895.00 CLIFTON Total: 20,895.00 Clifton, Larson, Allen LLP Total: 20,895.00 Coldwell Banker Commercial COLDWELL 41974 03/15/2017 302.36 0.00 09/19/2017 Maintenance & Service Call No 0000 206-45 0-5300-440 I 0 Repairs/Main! Bldg 41974 Total: 302.36 AP -To Be Paid Proof List (09/14/17 -12:00 PM) Page 4 Invoice# Inv Date COLDWELL Total: Coldwell Banker Commercial Total: Comcast COMCAST 20170827 08/27/2017 1 01-4 20-222 0-44 300 Miscellaneous 20170827 Total: COMCAST Total: Comcast Total: Companion Animal Control, LLC CAC 20170731 07/31/2017 IO l-420-2700-43150 Contract Services 20170731 07/31/2017 l O l-420-2700-43150 Contract Services 20170731 07/31/2017 I0 l -420-2700-43150 Contract Services 20170731 Total: 20170831 08/31/2017 101-420-2700-43150 Contract Services 20170831 08/31/2017 101-420-2700-43 I 50 Contract Services 20170831 Total: CA C Total: Companion Animal Control, LLC Total: Confluence, Inc CONFLUEN 14545 08/16/2017 206-450-5300-43 l 50 Contract Services 14545 Total: CONFLUEN Total: AP -To Be Paid Proof List (09/14/17 -12:00 PM) Amount Quantity Pmt Date Description Reference 302.36 302.36 7.91 7.91 7.91 7.91 500.00 270.00 90.00 860.00 500.00 60.00 560.00 1,420.00 --- 1,420.00 358.44 358.44 358.44 0.00 09119120 I 7 Cable TV Svs 090917-100817 0.00 09/19/2017 Animal Control Svs -July 2017 0.00 09/19/2017 Call Response ?am-7pm July 2017 0.00 09/19/2017 Call Response 7pm-7am July 20 I 7 0.00 09/19/2017 Animal Control Svs -August 2017 0.00 09/19/2017 Call Response 7am-7pm August 2017 0.00 09/19/2017 Parking Lot Bid Publishing Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 5 Invoice# Inv Date Amount Quantity Pmt Date Description Reference Task Type PO# Close POLine # Confluence, Inc Total: 358.44 Coordinated Business Systems COORDIN CNIN249457 07/31/2017 746.79 0.00 09/19/2017 Library IT svs 072117-082017 No 0000 206-450-5300-43 I 80 Information Technology CNIN249457 Total: 746.79 CNIN252395 08/31/2017 746.79 0.00 09/19/2017 Library IT svs 0821 17-092017 No 0000 206-450-5300-43 l 80 Information Technology CNIN252395 Total: 746.79 COORDIN Total: 1,493.58 Coordinated Business Systems Total: 1,493.58 CORE & MAIN LP COREMAIN H604895 08/30/2017 181.97 0.00 09/19/2017 Meter adapters No 0000 601-494-9400-422 70 Utility System Maintenance H604895 Total: 181.97 H725534 08/30/2017 60.30 0.00 09/19/2017 Curb Stop sockets No 0000 601-494-9400-42270 Utility System Maintenance H725534 Total: 60.30 H725547 08/30/2017 60.85 0.00 09/19/2017 Curb Stop sockets No 0000 601-494-9400-42270 Utility System Maintenance H725547 Total: 60.85 H725552 08/30/2017 104.70 0.00 09/19/2017 Manhole Hooks No 0000 602-495-9450-42270 Utility System Maint Supplies H725552 Total: 104.70 COREMAJN Total: 407.82 CORE & MAIN LP Total: 407.82 Dell Marketing LP. DELLMARK 10186994422 08/24/2017 575.00 0.00 09/19/2017 Station I computer, workstation No 0000 IO l -420-2220-42000 Office Supplies 10 I 86994422 Total: 575.00 DELLMARK Total: 575.00 AP -To Be Paid Proof List (09/14/17 -12:00 PM) Page 6 STAFF REPORT DATE: September 19, 2017 CONSENT TO: Lake Elmo City Council FROM: Dan Raboin AGENDA ITEM: Monthly Assessor Report REVIEWED BY: Kristina Handt, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for August 2017 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. MONTHLY ACTIVITY: Property splits/plats – 0 Splits, 0 Plats Sales collected and viewed – 29 Taxpayer inquiries – 6 Miscellaneous inquiries - 4 Inspections – Residential – 151 Inspections – Commercial - 3 Building permit reviews – 68 Pictures taken – 157 Other work performed included: • Monthly meeting with County residential and commercial supervisors. When not working in the field/inspections: • Computer work includes but not limited to; data entry for all properties inspected, permit information, sales verification using MLS and other resources, and telephone inquiries. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the August 2017 monthly assessor report. STAFF REPORT DATE: September 19, 2017 CONSENT MOTION TO: City Council FROM: Michael Bent, Building Official AGENDA ITEM: Approve Monthly Building Department Report for August 2017 REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: ISSUE BEFORE COUNCIL: As part of its Consent Agenda, the City Council is asked to accept the monthly building department report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. PROPOSAL DETAILS/ANALYSIS: Below is a snapshot of the monthly statistics for August 2017. Comparison data is also include from prior years for August for new home single family construction and total permitting activity for the month. Attached are the system summary reports breaking out this information further, including the statistics related to the inspection activity. 2017 2016 2015 New Homes 27 22 16 Total Valuation $8,928,401 $6,346,324 $4,573,165 Average Home Value $330,682 $288,469 $285,823 Total Permit Valuation YTD $82,544,499 $87,196,825 $29,282,750 FISCAL IMPACT: None OPTIONS: RECOMMENDATION: Motion to accept the August 2017 monthly building permit report as presented. ATTACHMENTS: 1. Valuation Report 2. Permits Issued & Fees Report 3. Inspection statistic report for August 2017 STAFF REPORT DATE: September 19, 2017 CONSENT TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Month End Fire Department Update for August 2017 REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: Review month end activity update from fire department. Advise on any additional information requested. PROPOSAL DETAILS/ANALYSIS: We had 27 calls for August. 2 Fire Alarms 1 Dispatched and cancelled en route 17 Medicals 6 Car accidents with injuries 1 Tree on Fire (on power line) 27 Total A Command vehicle did not respond on 4 calls for a response rate of 85%. Average response time was 7.6 minutes. 13 calls had 3 or less responders minus the Duty Officer with 3 calls having only 1 personnel on the apparatus. 3 calls also had only the Chief as a responder. Department drills for the month: #1 – CEU – Elevators #2 – EMS scenarios #3 – Regions Quarterly EMS Points of interest: - Interviews are just about wrapped up for the part-time staffing and they will hopefully start within the next month. - National Night Out was a great success with our personnel being able to attend 6 separate neighborhood events. - We had several Public Relation and Fire Prevention events in August as is usually the case as we ramp up for the fall. One such event was our annual pancake breakfast coinciding with the Huff N’ Puff weekend. - We have resumed day time drills in preparation for the changes in staffing and the ever increasing need for flexibility for our current personnel. MAYOR AND COUNCIL COMMUNICATION DATE: September 19, 2017 CONSENT AGENDA ITEM: Public Works Director Report SUBMITTED BY: Rob Weldon, Public Works Director REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: City Council is asked to review and accept, as part of Consent Agenda, a brief description of activities that have taken place in the Public Works Department in the month of August 2017. PROPOSAL DETAILS/ANALYSIS: • Begin Water Meter change out project • Meet with Miller Excavation on Savon Park Grading Quote • ISO meeting w/Fire Chief • Mill and Overlay Pre-con for 43rd St., Kimbro Ave. and 31st St. • Easton Park meeting w/ Developer and Planning Director • 20th St. Water Main Extension Pre-con • Inwood Booster Station Start –up to Inwood Development • Begin Lions Park Project • Easton Village 3rd Add. Pre-con • Safety Meeting • Data Loggers installed in Savona for pressure surge study • Meet w/ Virginia Pleban • Annual DOT Inspections completed on plow trucks • V-plows and Liftgates installed on new ¾ ton pick-ups • Walk thru inspection at Inwood 3rd • Water Leak Detection completed in Heritage Farms, Tana Ridge and Fields of St. Croix • Road shouldering • Pothole Patching 19tons • Brush cutting in parks • Wood mulch added to Reid Park Playground RECOMMENDATION: Base on the activities listed above, City Council is respectfully asked to accept the August 2017 Public Works Report. STAFF REPORT DATE: September 19, 2017 CONSENT TO: Mayor and City Council FROM: Kristina Handt, City Administrator AGENDA ITEM: SafeAssure Contract BACKGROUND: The City has been contracting with SafeAssure for a number of years to provide safety training for staff and other OSHA compliance activities. ISSUE BEFORE COUNCIL: Should the Council approve a contract with SafeAssure for Oct.1, 2017-Sept 30, 2018? PROPOSAL DETAILS/ANALYSIS: A copy of the contract is included in your packet. FISCAL IMPACT: SafeAssure are requesting an increase of $62.97 for an annual contract rate of $3211.71 for the coming contract year. OPTIONS: 1) Approve 2017-2018 SafeAssure Contract 2) Do not approve 2017-2018 SafeAssure Contract RECOMMENDATION: If removed from the consent agenda: “Motion to approve the 2017-2018 contract with SafeAssure”. ATTACHMENT: 2017-2018 SafeAssure Contract STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: Private Development Projects – Approve Security Reduction for Inwood PUD 1st and 2nd Additions SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Emily Becker, Planning Director Chad Isakson, Assistance City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve the security reductions for Inwood PUD 1st and 2nd Additions? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to reduce the development security for the Inwood PUD 1st and 2nd Additions. These requests have been reviewed and the following reductions are being recommended for approval: Current Security Amount Proposed Security Amount 1. Inwood PUD 1st and 2nd Additions: $1,948,198 $1,412,589 This development is nearing completion and the security reduction amount has been reviewed according to the extent of completion for each infrastructure component as detailed in the attached Security Reduction Worksheet. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction, the remaining security amount held by the City remains sufficient to complete the remaining improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the security reduction for the Inwood PUD 1st and 2nd Additions as detailed in this report and supporting documentation. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve security reduction for the Inwood PUD 1st and 2nd Additions as detailed in their respective Security Reduction Worksheet.” ATTACHMENTS: 1. Security Reduction Worksheet – Inwood PUD 1st and 2nd Additions. INWOOD 1ST AND 2ND ADDITIONS Time of Performance:  July 1, 2016 DEVELOPMENT AGREEMENT AMOUNTS CATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6 Grading $314,000 NA Sanitary Sewer $412,585 $515,731.25 75%$386,798 Watermain $510,249 $637,811.25 75%$478,358 Streets $1,114,212 $1,392,765.00 $696,383 $348,191 Surface Water Facilities $599,736 $749,670.00 $374,835 $187,418 Erosion Control NA NA included in Grading Agreement Sidewalks/Trails $212,175 $265,218.75 $132,609 Street Lighting NA NA By Xcel Energy Street Signs and Traffic Control Signs $18,705 $23,381.25 $11,691 Landscaping $97,236 $121,545.00 Tree Preservation and Restoration NA NA included in Grading Agreement Wetland Mitigation and Buffers NA NA LOC Through VBWD Monuments $5,000 $6,250.00 Miscellaneous Facilities NA NA None Record Drawings $2,000 $2,500.00 TOTALS $2,971,898 $3,714,872.50 RELEASED AMOUNTS:$2,080,674 $535,609 $0 $0 $0 $0 CUMMULATIVE AMOUNTS:$2,080,674 $2,616,283 SECURITY AMOUNT REMAINING:$1,948,198 $1,412,589 DATE:3/21/2017 9/19/2017 REDUCTIONS STAFF REPORT DATE: September 19, 2017 CONSENT TO: City Council FROM: Emily Becker, Planning Director REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: Should the City Council approve the letter of credit release for Easton Village 3rd Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to release the letter of credit provided for park dedication for Easton Village 3rd Addition. This request has been reviewed and the following letter of credit release is being recommended as follows: $10,854 for the Letter of Credit which was provided during the approval process of the Easton Village 2nd Addition final plat. With the dedication of outlots B, I, and J, the required parkland dedication for the entire development is satisfied, and the city is being requested to release this letter of credit amount. The City has received proof that outlots B, I, and J were recorded. The development agreement language that was approved by Council on July 18, 2017 is as follows: 22. PARK DEDICATION. The Developer is required to dedicate 9.84 acres of land for public park purposes for the entire development. The Developer dedicated 3.99 acres with Easton Village 1st Addition. The Developer provided a Letter of Credit in the amount of $10,854 which represented fee in lieu of park dedication for the Easton Village 2nd Addition final plat. The Developer shall dedicate Outlots B, I and J, satisfying the remaining required 5.85 acres park land consistent with the Lake Elmo Subdivision Ordinance. Upon recording of warranty deeds for the Outlots B, I and J, the Letter of Credit in the amount of $10,854 which represented fee in lieu of park dedication for the Easton Village 2nd Addition final plat shall be released by the City. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. The developer has satisfied the obligation of the Development Agreement by dedicating Outlots B, I, and J. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the letter of credit release for Easton Village 3rd Addition as detailed in this report and supporting documentation. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve letter of credit release for Easton Village 3rd Addition in the amount of $10,854 provided for park dedication.” STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: 2017 Seal Coat Project – Pay Request No. 2 (Final) SUBMITTED BY: Ryan Stempski, Project Engineer REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 2? BACKGROUND: The 2017 Seal Coat Project has been completed for work in both Lake Elmo and West Lakeland Township, including coordination of the remaining striping work required in Lake Elmo. Engineering and Public Works have reviewed the improvements and have recommended final acceptance the initiation of the 1-year warranty period, effective August 31, 2017. PROPOSAL DETAILS/ANALYSIS: The contractor, Allied Blacktop Company, has submitted Pay Request No. 2 (Final) in the amount of $8,665.25, thereby releasing all retainage. The request has been reviewed and payment is recommended in the amount requested. FISCAL IMPACT: None. Payment is proposed in accordance with the Contract for the project. Final payment is within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, accept the improvements and approve Pay Request No. 2 (Final) for the 2017 Seal Coat project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the 2017 Seal Coat Improvements and approve Pay Request No. 2 (Final) to Allied Blacktop Company in the amount of $8,665.25.” ATTACHMENTS: 1. Certificate of Completion. 2. Pay Estimate No. 2 (Final). STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: Old Village Phase 3: Street, Drainage, and Utility Improvements – Pay Request No. 3 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 3 for the Old Village Phase 3: Street, Drainage, and Utility Improvements? BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract on May 16, 2017 to complete the Old Village Phase 3: Street, Drainage, and Utility Improvements. The substantial completion date for the project is October 20, 2017. PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC, has submitted Partial Pay Request No. 3 in the amount of $165,609.36. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $32,640.54. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 3 for the Old Village Phase 3: Street, Drainage, and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 3 to Douglas-Kerr Underground, LLC in the amount of $165,609.36 for the Old Village Phase 3: Street, Drainage, and Utility Improvements project”. ATTACHMENTS: 1. Partial Pay Estimate No. 3. PARTIAL PAY ESTIMATE NO. 3 OLD VILLAGE PHASE 3 IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.133 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $58,045.95 $58,045.95 0.25 $14,511.49 0.75 $43,534.46 2 ACRE 1.15 $6,000.00 $6,900.00 0.00 $0.00 0.95 $5,700.00 3 TREE 42 $200.00 $8,400.00 0.00 $0.00 43.0 $8,600.00 4 LF 2884 $1.20 $3,460.80 0.00 $0.00 869.0 $1,042.80 5 LF 144 $11.45 $1,648.80 0.00 $0.00 101.0 $1,156.45 6 LF 440 $3.00 $1,320.00 0.00 $0.00 100.0 $300.00 7 EACH 1 $450.00 $450.00 0.00 $0.00 1.0 $450.00 8 SY 10246 $1.10 $11,270.60 6,646.00 $7,310.60 10,246.0 $11,270.60 9 SY 765 $3.75 $2,868.75 377.30 $1,414.88 377.3 $1,414.88 10 SY 300 $6.25 $1,875.00 357.50 $2,234.38 357.5 $2,234.38 11 EACH 3 $260.00 $780.00 2.00 $520.00 3.0 $780.00 12 EACH 14 $90.00 $1,260.00 0.00 $0.00 3.0 $270.00 13 EACH 6 $450.00 $2,700.00 0.00 $0.00 2.0 $900.00 14 LF 240 $3.50 $840.00 248.50 $869.75 248.5 $869.75 15 LF 610 $2.75 $1,677.50 0.00 $0.00 0.0 $0.00 16 LF 200 $27.00 $5,400.00 85.00 $2,295.00 165.0 $4,455.00 17 LF 100 $24.00 $2,400.00 90.00 $2,160.00 90.0 $2,160.00 18 EACH 8 $35.00 $280.00 0.00 $0.00 0.0 $0.00 19 EACH 5 $160.00 $800.00 0.00 $0.00 0.0 $0.00 20 EACH 26 $90.00 $2,340.00 13.50 $1,215.00 13.5 $1,215.00 21 SF 200 $23.00 $4,600.00 35.00 $805.00 35.0 $805.00 22 CY 12605 $10.85 $136,764.25 2,668.00 $28,947.80 5,168.0 $56,072.80 23 CY 467 $32.50 $15,177.50 0.00 $0.00 0.0 $0.00 24 CY 400 $29.85 $11,940.00 17.90 $534.32 17.9 $534.32 25 CY 7764 $19.00 $147,516.00 1,620.00 $30,780.00 2,620.0 $49,780.00 26 SY 1000 $1.50 $1,500.00 2,689.00 $4,033.50 4,791.3 $7,186.95 27 CY 2288 $31.95 $73,101.60 725.00 $23,163.75 933.0 $29,809.35 28 HOUR 40 $150.00 $6,000.00 12.75 $1,912.50 12.8 $1,912.50 29 GAL 501 $1.40 $701.40 0.00 $0.00 0.0 $0.00 30 TON 230 $101.00 $23,230.00 0.00 $0.00 0.0 $0.00 31 TON 590 $54.50 $32,155.00 0.00 $0.00 0.0 $0.00 32 TON 315 $63.00 $19,845.00 0.00 $0.00 0.0 $0.00 33 TON 790 $48.75 $38,512.50 0.00 $0.00 0.0 $0.00 34 TON 420 $56.25 $23,625.00 420.85 $23,672.81 420.9 $23,672.81 35 TON 170 $0.01 $1.70 0.00 $0.00 0.0 $0.00 36 LF 1400 $3.25 $4,550.00 0.00 $0.00 0.0 $0.00 37 LF 1600 $0.01 $16.00 0.00 $0.00 0.0 $0.00 38 EACH 1 $1,024.05 $1,024.05 0.00 $0.00 0.0 $0.00 39 EACH 1 $1,095.10 $1,095.10 0.00 $0.00 0.0 $0.00 40 EACH 2 $1,470.00 $2,940.00 0.00 $0.00 0.0 $0.00 41 EACH 2 $2,466.45 $4,932.90 0.00 $0.00 2.0 $4,932.90 42 LF 410 $0.01 $4.10 0.00 $0.00 0.0 $0.00 43 LF 1300 $10.50 $13,650.00 200.00 $2,100.00 400.0 $4,200.00 44 EACH 20 $175.00 $3,500.00 0.00 $0.00 0.0 $0.00 45 LF 3236 $35.10 $113,583.60 0.00 $0.00 1,884.0 $66,128.40 46 LF 125 $36.55 $4,568.75 0.00 $0.00 65.0 $2,375.75 47 LF 741 $32.60 $24,156.60 0.00 $0.00 0.0 $0.00 48 LF 350 $30.35 $10,622.50 0.00 $0.00 231.0 $7,010.85 49 LF 178 $37.85 $6,737.30 0.00 $0.00 0.0 $0.00 50 LF 101 $100.90 $10,190.90 0.00 $0.00 109.0 $10,998.10 51 EACH 2 $2,939.55 $5,879.10 0.00 $0.00 1.0 $2,939.55 52 EACH 7 $1,580.75 $11,065.25 0.00 $0.00 2.0 $3,161.50 53 EACH 8 $2,432.30 $19,458.40 0.00 $0.00 3.0 $7,296.90 54 EACH 2 $3,484.05 $6,968.10 0.00 $0.00 1.0 $3,484.05 55 EACH 1 $3,940.80 $3,940.80 0.00 $0.00 0.0 $0.00 56 EACH 1 $4,945.05 $4,945.05 0.00 $0.00 1.0 $4,945.05 57 EACH 21 $500.75 $10,515.75 0.00 $0.00 0.0 $0.00 58 EACH 9 $1,004.55 $9,040.95 0.00 $0.00 6.0 $6,027.30 59 EACH 4 $324.60 $1,298.40 0.00 $0.00 0.0 $0.00 60 EACH 1 $986.40 $986.40 0.00 $0.00 0.0 $0.00 61 EACH 4 $254.20 $1,016.80 0.00 $0.00 0.0 $0.00 62 EACH 5 $429.50 $2,147.50 0.00 $0.00 0.0 $0.00 63 LF 815 $11.05 $9,005.75 0.00 $0.00 0.0 $0.00 64 LF 760 $20.45 $15,542.00 0.00 $0.00 340.0 $6,953.00 65 LF 250 $9.70 $2,425.00 0.00 $0.00 0.0 $0.00 66 LF 290 $14.15 $4,103.50 0.00 $0.00 188.0 $2,660.20 67 EACH 36 $167.60 $6,033.60 0.00 $0.00 0.0 $0.00 68 EACH 14 $3,175.50 $44,457.00 0.00 $0.00 10.0 $31,755.00 69 LF 48 $137.15 $6,583.20 11.48 $1,574.48 43.5 $5,963.28 70 LF 3236 $1.25 $4,045.00 0.00 $0.00 0.0 $0.00 71 SY 120 $14.30 $1,716.00 0.00 $0.00 0.0 $0.00 72 LS 1 $25,028.00 $25,028.00 0.50 $12,514.00 1.0 $25,028.00 73 EACH 27 $279.20 $7,538.40 1.00 $279.20 1.0 $279.20 74 EACH 3 $726.45 $2,179.35 0.00 $0.00 2.0 $1,452.90 75 EACH 27 $362.85 $9,796.95 1.00 $362.85 1.0 $362.85 76 EACH 3 $839.00 $2,517.00 0.00 $0.00 3.0 $2,517.00 77 EACH 1 $390.95 $390.95 0.00 $0.00 0.0 $0.00 78 EACH 3 $1,025.40 $3,076.20 0.00 $0.00 2.0 $2,050.80 6" PVC Sanitary Service Pipe ‐ Sch40 4" PVC Sanitary Service Pipe ‐ Sch40 2" HDPE Pressure Pipe Tracer Wire Box ‐ (at property line) Sanitary Sewer Manhole (10' Deep) Sanitary Sewer Manhole Extra Depth 2"x1‐1/4" Fused Tee 2" Rigid Insulation Temporary Water Service 1" Corporation Stop 2" Corporation Stop 1" Curb Stop & Box 2" Curb Stop & Box 8" x 1 ‐1/4" Saddle Tap Connect to Existing Water Main 15" RC Pipe Apron w/Trash Guard 18" RC Pipe Apron w/Trash Guard 21" RC Pipe Apron w/Trash Guard 36" Span RC Pipe‐Arch Apron w/Trash Guard Infiltration Basin Underdrain System 18" RC Pipe Sewer, Des 3006 CL V 21" RC Pipe Sewer, Des 3006 CL III 36" Span RC Pipe‐Arch Sewer CL IIA Connect to Existing Sanitary Sewer Construct Drainage Structure 2'x3' (w/ CasƟng) 4" PVC Perf. Edge Drain w/ Backfill & Wrap Draintile Cleanout 8" PVC Pipe Sewer (SDR 26) 12" RC Pipe Sewer, Des 3006 CL V 15" RC Pipe Sewer, Des 3006 CL V 8"X6" PVC Wye, SDR 26 6" Clean‐Out Assembly (SCH 40) 2" Pressure Cleanout & CurbstopAssembly Construct Drainage Structure Des. CC ‐ 48"  (w/ CasƟng) Construct Drainage Structure Des. CC ‐ 60"  (w/ CasƟng) Construct Drainage Structure Des. CC ‐ 72"  (w/ CasƟng) Construct Drainage Structure Des. CC ‐ 84"  (w/ CasƟng) 8"X4" PVC Wye, SDR 26 1‐1/4" HDPE Service Pipe Sewer Televising Type SP 9.5 Wearing Course Mix (3,B) 1‐1/4" Curb Stop & Box Pulverize Bituminous Pavement (P) Remove Bituminous Driveway & Parking Lot Pavement Remove Concrete Driveway Pavement Remove Catch Basin or Manhole (Storm) Salvage and Install Fence Salvage Sign (Type C or Street Name Sign) Remove Gate Valve & Box Sawing Concrete Pavement (Full Depth) Sawing Bit Pavement (Full Depth) Salvage Retaining Wall Agg. Base, Cl. 6 (CV) (P) Street Sweeping Bit. Material for Tack Coat Type SP 9.5 Wearing Course Mix (2,C) (Parking Lots, Driveways & Bike Trails Remove Hydrant Type SP 9.5 Wearing Course Mix (3,C) Salvage & Install Sign Type C Type SP 12.5 Wearing Course Mix (3,B) Type SP 12.5 Wearing Course Mix (3,.C) Bituminous Wedge Paving Saw & Seal Joint (40' Intervals) Pipe Foundation Rock ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 Mobilization Clearing & Grubbing  Clearing & Grubbing Salvage & Install Mailbox Assembly Salvage & Install Pavers (Incl. Flagstone Steps & Wall) Common Excavation (P) Infiltration Basin Excavation (EV) Subgrade Correction (EV)(Includes Select Granular Borrow ‐ Mod 5%) Select Granular Borrow ‐ Mod. 5% (CV)(P) Geotextile Fabric, Type V Remove Water Main Pipe Remove Sewer Pipe (Storm) Remove Backstop Fence Remove Concrete Curb & Gutter QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 79 EACH 34 $382.35 $12,999.90 1.00 $382.35 6.0 $2,294.10 80 EACH 8 $4,199.10 $33,592.80 0.00 $0.00 6.0 $25,194.60 81 EACH 14 $1,586.10 $22,205.40 0.00 $0.00 10.0 $15,861.00 82 EACH 8 $2,036.45 $16,291.60 0.00 $0.00 2.0 $4,072.90 83 EACH 4 $3,023.65 $12,094.60 0.00 $0.00 4.0 $12,094.60 84 LF 1095 $9.20 $10,074.00 10.00 $92.00 51.0 $469.20 85 LF 90 $22.95 $2,065.50 0.00 $0.00 60.0 $1,377.00 86 LF 394 $24.45 $9,633.30 0.00 $0.00 205.0 $5,012.25 87 LF 2424 $32.30 $78,295.20 0.00 $0.00 810.0 $26,163.00 88 LF 892 $60.95 $54,367.40 0.00 $0.00 892.0 $54,367.40 89 LB 3606 $3.25 $11,719.50 0.00 $0.00 3,070.0 $9,977.50 90 CY 40 $115.00 $4,600.00 0.00 $0.00 20.0 $2,300.00 91 SF 5100 $4.90 $24,990.00 0.00 $0.00 0.0 $0.00 92 SF 480 $6.10 $2,928.00 0.00 $0.00 0.0 $0.00 93 LF 365 $19.00 $6,935.00 0.00 $0.00 0.0 $0.00 94 LF 5525 $12.25 $67,681.25 0.00 $0.00 0.0 $0.00 95 SY 300 $47.75 $14,325.00 0.00 $0.00 0.0 $0.00 96 SY 125 $55.75 $6,968.75 0.00 $0.00 0.0 $0.00 97 SF 72 $30.00 $2,160.00 0.00 $0.00 0.0 $0.00 98 LS 1 $2,300.00 $2,300.00 0.00 $0.00 0.0 $0.00 99 SF 21 $43.50 $913.50 0.00 $0.00 0.0 $0.00 100 EACH 3 $495.00 $1,485.00 0.00 $0.00 0.0 $0.00 101 LF 2400 $1.25 $3,000.00 0.00 $0.00 715.0 $893.75 102 EACH 23 $125.00 $2,875.00 7.00 $875.00 16.0 $2,000.00 103 CY 125 $39.50 $4,937.50 0.00 $0.00 0.0 $0.00 104 CY 1500 $24.75 $37,125.00 0.00 $0.00 0.0 $0.00 105 SY 6300 $5.25 $33,075.00 0.00 $0.00 0.0 $0.00 106 ACRE 2 $1,108.00 $2,216.00 0.00 $0.00 0.0 $0.00 107 ACRE 0.2 $777.00 $155.40 0.00 $0.00 0.0 $0.00 108 SY 2400 $1.35 $3,240.00 0.00 $0.00 1,600.0 $2,160.00 109 LF 800 $2.10 $1,680.00 0.00 $0.00 0.0 $0.00 110 LF 700 $15.50 $10,850.00 630.00 $9,765.00 630.0 $9,765.00 111 EACH 4 $1,400.00 $5,600.00 0.00 $0.00 0.0 $0.00 $1,576,039.15 $174,325.65 $632,651.92 TOTALS ‐ BASE CONTRACT $1,576,039.15 $174,325.65 $632,651.92 CHANGE ORDER NO. 1 CO1‐1 CY ‐467.0 $32.50 ‐$15,177.50 0.00 $0.00 0.0 $0.00 CO1‐2 EACH ‐1.0 $1,024.05 ‐$1,024.05 0.00 $0.00 0.0 $0.00 CO1‐3 EACH ‐1.0 $1,470.00 ‐$1,470.00 0.00 $0.00 0.0 $0.00 CO1‐4 LF ‐410.0 $0.01 ‐$4.10 0.00 $0.00 0.0 $0.00 CO1‐5 CY ‐125.0 $39.50 ‐$4,937.50 0.00 $0.00 0.0 $0.00 CO1‐6 LF 230.0 $68.90 $15,847.00 0.00 $0.00 236.0 $16,260.40 CO1‐7 EACH 3.0 $1,299.50 $3,898.50 0.00 $0.00 3.0 $3,898.50 CO1‐8 EACH ‐3.0 $1,004.55 ‐$3,013.65 0.00 $0.00 0.0 $0.00 CO1‐9 EACH ‐4.0 $324.60 ‐$1,298.40 0.00 $0.00 0.0 $0.00 CO1‐10 LF ‐460.0 $20.45 ‐$9,407.00 0.00 $0.00 0.0 $0.00 TOTALS ‐ CHANGE ORDER NO. 1 ‐$16,586.70 $0.00 $20,158.90 CHANGE ORDER NO. 2 CO2‐1 AC 2.0 $3,450.00 $6,900.00 0.00 $0.00 0.0 $0.00 CO2‐2 LS 1.0 $650.00 $650.00 0.00 $0.00 0.0 $0.00 CO2‐3 CY 20.0 $88.00 $1,760.00 0.00 $0.00 0.0 $0.00 CO2‐4 LF 15.0 $51.70 $775.50 0.00 $0.00 0.0 $0.00 TOTALS ‐ CHANGE ORDER NO. 2 $10,085.50 $0.00 $0.00 TOTALS ‐ REVISED CONTRACT $1,569,537.95 $174,325.65 $652,810.82 REMOVE INFILTRATION BASIN EXCAVATION (EV) Connect to Existing Water Service Hydrant 6" Gate Valve & Box 8" Gate Valve & Box 16" Butterfly Valve & Box 1" Type K Copper Pipe 2" Type K Copper Pipe 6" Water Main DIP ‐ CL 52 (Poly Encased) REMOVE 15" RC PIPE APRON W/TRASH GUARD SUBTOTAL ‐ DIVISION 1 REMOVE 6" CLEAN‐OUT ASSEMBLY (SCH 40) REMOVE 21" RC PIPE APRON W/TRASH GUARD REMOVE INFILTRATION BASIN UNDERDRAIN SYSTEM REMOVE FILTER TOPSOIL BORROW (PULVERIZED) (LV) REMOVE 6" PVC SANITARY SERVICE PIPE ‐ SCH 40 8"X6" C900 WYE 8" Water Main DIP ‐ CL 52 (Poly Encased) 16" Water Main DIP ‐ CL 52 (Poly Encased) Water Main Fittings Random Rip‐Rap, Class III (includes Geotextile Fabric) 5" Concrete Walk 6" Concrete Walk ‐ Pedestrian Ramp B612 Concrete Curb & Gutter BONDED FIBER MATRIX MULCH REMOVE SHED MULCH BLACK VINYL COATED FENCE B618 Concrete Curb & Gutter 6" Concrete Driveway Pavement 8" Concrete Driveway Pavement Seeding (Seed Mixture Type 25‐131) Seeding (Seed Mixture Type Basin) Erosion Control Blanket Category 3N Sediment Control Log 6' Wide Agg. Lime Walking Trail Temporary Rock Construction Entrance Truncated Domes Traffic Control Sign Panels, Type C Sign, Type Special (Street Name) Silt Fence, Preassembled Storm Drain Inlet Protection Filter Topsoil Borrow (Pulverized) (LV) Common Topsoil Borrow (Pulverized) (LV) Sodding, Type Mineral 8" C900 PIPE SEWER REMOVE 8"X6" PVC WYE, SDR 26 STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: 2017 Street Improvements - Change Order No. 2 SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 2 for the 2017 Street Improvements? BACKGROUND: Hardrives, Inc. was awarded a construction contract to complete the 2017 Street Improvements on May 16, 2017. The project is in construction with a substantial completion date of September 22, 2017. PROPOSAL DETAILS/ANALYSIS: Hardrives, Inc. has submitted a change order to address two design changes requested by the City as follows: 1. Adjust the concrete curb and gutter stringline to provide smooth transitions and verify boulevard drainage. The existing roads were not paved a consistent width and this additional work was needed to field design the width transitions. 2. Install a concrete valley gutter at Jamaca Boulevard and 53rd Street. The valley gutter was installed per plan to better facilitate drainage through the intersection but did not have a bid item for payment purposes. 3. Provide an operator and equipment to stockpile reclaim gravel material at Public Works. The contractor was asked to assist Public Works with the proper equipment to handle the material and pace of delivery of the material to the Public Works site. FISCAL IMPACT: This change order will increase the contract in the amount of $12,169.96 bringing the revised construction contract to $1,066,118.35. With this change order the project remains within the authorized project budget and contingencies. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 2 for the 2017 Street Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 2 for the 2017 Street Improvements, thereby increasing the contract amount by $12,169.96”. ATTACHMENTS: 1. Change Order No. 2. CONTRACT CHANGE ORDER FORM CHANGE ORDER NO. DATE: TO: UNIT HR SF HR Amount of Original Contract $ Sum of Additions/Deductions approved to date (CO Nos. 1) $ Contract Amount to date $ Amount of this Change Order   (ADD)   (DEDUCT)   (NO CHANGE)$ Revised Contract Amount $ The Contract Period for Completion will be   (UNCHANGED)  (INCREASED)  (DECREASED)days APPROVED BY ENGINEER:  FOCUS Engineering, inc. APPROVED BY CONTRACTOR DATE DATE APPROVED BY OWNER:  CITY OF LAKE ELMO, MINNESOTA DATE DATE 0 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are  modified as follows upon execution of this Change Order.  BYENGINEER 1,038,206.14 15,742.25 1,053,948.39 12,169.96 1,066,118.35 INCREASE/(DECREASE) $5,800.96CO2‐1 $90.6464 HARDRIVES, INC. 14475 QUIRAM DRIVE ROGERS, MN 55374 2017 STREET IMPROVEMENTS PROJECT NO. 2016.135 2 September 11, 2017 CONCRETE CURB STRING LINE ADJUSTMENTS ITEM $2,064.00300$6.88 NET CONTRACT CHANGE $12,169.96 CITY OF LAKE ELMO, MINNESOTA BYBY CHANGE ORDER DESCRIPTION / JUSTIFICATION: This change order is being processed at the direction of the City to amend the Contract to complete additional work as follows:  1) Adjust concrete curb and gutter stringline to provide smooth transitions and verify boulevard drainage. The existing roads were not paved a  consistent width and this additional work was needed to field design the width transitions. 2) Install a concrete valley gutter at Jamaca Boulevard and 53rd Street. The valley gutter was installed per plan to better facilitate drainage  through the intersection but did not have a bid item for payment purposes. 3) Provide an operator and equipment to stockpile reclaim gravel material at Public Works. The contractor was asked to assist Public Works  with the proper equipment to handle the material and pace of delivery of the material to the Public Works site. Attachments  (list documents supporting change):None DESCRIPTION OF PAY ITEM QTY UNIT PRICE CO2‐2 CONCRETE VALLEY GUTTER CO2‐3 STOCKPILE EXCESS RECLAIM AT PUBLIC WORKS 20.5 $210.00 $4,305.00 9/11/2017 FOCUS Engineering, inc.CHANGE ORDER FORM STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: 2017 Street Improvements – Pay Request No. 3 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 3 for the 2017 Street Improvements? BACKGROUND: Hardrives, Inc. was awarded a construction contract on May 16, 2017 to complete the 2017 Street Improvements project. The substantial completion date for the project is September 22, 2017. PROPOSAL DETAILS/ANALYSIS: Hardrives, Inc., has submitted Partial Pay Request No. 3 in the amount of $435,391.28. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $36,614.11. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 3 for the 2017 Street Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 3 to Hardrives, Inc. in the amount of $435,391.28 for the 2017 Street Improvements project”. ATTACHMENTS: 1. Partial Pay Estimate No. 3. PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. PERIOD OF ESTIMATE TO PROJECT OWNER: CONTRACTOR: 1. Original Contract Amount 2. Net Change Order Sum 3. Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 8. Previous Payments 9. Amount Due (6‐7‐8) *Detailed Breakdown Attached START DATE:ON SCHEDULE SUBSTANTIAL COMPLETION:X FINAL COMPLETION: ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR DATE APPROVED BY OWNER:CITY OF LAKE ELMO, MINNESOTA DATE DATE No.Approval  Date Amount $1,038,206.14 Additions Deductions $15,742.25 $732,282.24 1 8/1/2017 $15,742.25 $1,053,948.39 $732,282.24 $0.00 $260,276.85 $36,614.115.0% CONTRACT TIME TOTALS $15,742.25 $0.00 $435,391.28 NET CHANGE $15,742.25 CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY 3 8/31/20178/1/2017FROM 2017 STREET IMPROVEMENTS PROJECT NO. 2016.135 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER HARDRIVES, INC. 14475 QUIRAM DRIVE ROGERS, MN 55374 ATTN: NATHAN LINDBERG, PROJECT MANAGER 6/12/2017 10/27/2017 REVISED DAYS REMAINING 137 0 57 9/22/2017 ORIGINAL DAYS BY BY YES NO The undersigned Contractor certifies that to the best of their  knowledge, information and belief the work covered by this payment  estimate has been completed in accordance with the contract  documents, that all amounts have been paid by the contractor for  work for which previous payment estimates was issued and payments  received from the owner, and that current payment shown herein is  now due. The undersigned certifies that the work has been reviewed and to the  best of their knowledge and belief, the quantities shown in this  estimate are correct and the work has been performed in accordance  with the contract documents. ENGINEER BY 9/11/2017 FOCUS Engineering, inc.PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 3 2017 STREET IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.135 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $4,226.26 $4,226.26 0.00 $0.00 1.00 $4,226.26 2 LS 1 $1,890.12 $1,890.12 0.00 $0.00 1.00 $1,890.12 3 LF 180 $2.63 $473.40 220.00 $578.60 220.00 $578.60 4 EA 39 $90.00 $3,510.00 23.50 $2,115.00 36.00 $3,240.00 5 EA 11 $231.01 $2,541.11 0.00 $0.00 15.00 $3,465.15 6 EA 11 $126.01 $1,386.11 0.00 $0.00 15.00 $1,890.15 7 CY 2,080 $10.00 $20,800.00 0.00 $0.00 0.00 $0.00 8 SY 10,330 $4.40 $45,452.00 0.00 $0.00 0.00 $0.00 9 SY 2,140 $1.95 $4,173.00 0.00 $0.00 0.00 $0.00 10 EA 10 $472.53 $4,725.30 0.00 $0.00 0.00 $0.00 $89,177.30 $2,693.60 $15,290.28 1 LF 281 $5.25 $1,475.25 0.00 $0.00 273.00 $1,433.25 2 EA 12 $420.02 $5,040.24 0.00 $0.00 13.00 $5,460.26 3 EA 1 $420.02 $420.02 0.00 $0.00 1.00 $420.02 4 EA 13 $159.82 $2,077.66 13.00 $2,077.66 13.00 $2,077.66 5 EA 13 $659.11 $8,568.43 13.00 $8,568.43 13.00 $8,568.43 6 LF 66 $31.50 $2,079.00 0.00 $0.00 98.00 $3,087.00 7 LF 1,773 $32.55 $57,711.15 0.00 $0.00 1,772.00 $57,678.60 8 LF 20 $60.90 $1,218.00 0.00 $0.00 16.00 $974.40 9 EA 5 $945.06 $4,725.30 0.00 $0.00 4.00 $3,780.24 10 EA 1 $2,205.12 $2,205.12 0.00 $0.00 1.00 $2,205.12 11 EA 4 $1,732.60 $6,930.40 0.00 $0.00 6.00 $10,395.60 12 EA 17 $2,058.11 $34,987.87 0.00 $0.00 18.00 $37,045.98 13 CY 39 $89.25 $3,480.75 0.00 $0.00 38.30 $3,418.28 14 LF 220 $17.85 $3,927.00 0.00 $0.00 285.00 $5,087.25 $134,846.19 $10,646.09 $141,632.09 1 LF 310 $1.00 $310.00 0.00 $0.00 310.00 $310.00 2 LF 130 $1.65 $214.50 0.00 $0.00 161.00 $265.65 3 SY 680 $4.12 $2,801.60 0.00 $0.00 630.00 $2,595.60 4 SY 220 $7.49 $1,647.80 0.00 $0.00 196.00 $1,468.04 5 SY 41,776 $1.35 $56,397.60 0.00 $0.00 41,776.00 $56,397.60 6 CY 4,062 $9.47 $38,467.14 659.00 $6,240.73 3,721.00 $35,237.87 7 LF 3,174 $1.01 $3,205.74 0.00 $0.00 0.00 $0.00 8 CY 370 $0.01 $3.70 349.00 $3.49 349.00 $3.49 9 RS 121 $250.00 $30,250.00 121.00 $30,250.00 121.00 $30,250.00 10 SY 893 $18.00 $16,074.00 0.00 $0.00 0.00 $0.00 11 TN 4,380 $48.75 $213,525.00 3,739.96 $182,323.05 3,739.96 $182,323.05 12 TN 3,290 $51.45 $169,270.50 0.00 $0.00 0.00 $0.00 13 GAL 2,020 $1.25 $2,525.00 200.00 $250.00 200.00 $250.00 14 LF 9,560 $2.60 $24,856.00 0.00 $0.00 0.00 $0.00 15 LF 20,997 $10.25 $215,219.25 20,939.00 $214,624.75 20,939.00 $214,624.75 16 EA 3 $523.98 $1,571.94 0.00 $0.00 0.00 $0.00 17 SY 220 $50.61 $11,134.20 222.78 $11,274.90 222.78 $11,274.90 18 LF 2,000 $9.60 $19,200.00 0.00 $0.00 1,830.00 $17,568.00 19 EA 20 $230.00 $4,600.00 0.00 $0.00 18.00 $4,140.00 20 EA 2 $1,454.34 $2,908.68 0.00 $0.00 2.00 $2,908.68 $814,182.65 $444,966.92 $559,617.63 TOTALS ‐ BASE CONTRACT $1,038,206.14 $458,306.61 $716,539.99 CHANGE ORDER NO. 1 CO1‐1 LS 1.0 $2,400.00 $2,400.00 0.00 $0.00 1.0 $2,400.00 CO1‐2 LF 54.0 $5.25 $283.50 0.00 $0.00 54.0 $283.50 CO1‐3 LF 54.0 $60.90 $3,288.60 0.00 $0.00 54.0 $3,288.60 CO1‐4 EA 1.0 $2,205.15 $2,205.15 0.00 $0.00 1.0 $2,205.15 CO1‐5 EA 1.0 $700.00 $700.00 0.00 $0.00 1.0 $700.00 CO1‐6 LS 1.0 $3,150.00 $3,150.00 0.00 $0.00 1.0 $3,150.00 CO1‐7 LS 1.0 $3,715.00 $3,715.00 0.00 $0.00 1.0 $3,715.00 GRADE TO DRAIN BITUMINOUS MATERIAL FOR TACK COAT REMOVE & DISPOSE OF EXISTING CONCRETE CURB AND GUTTER, ALL TYPES REMOVE & DISPOSE OF EXISTING BITUMINOUS PAVEMENT (DRIVEWAY) SUBTOTAL ‐ DIVISION 2 REMOVE & DISPOSE OF EXISTING CONCRETE PAVEMENT (DRIVEWAY) RECLAIM EXISTING BITUMINOUS AND BASE MATERIALS (8" DEPTH INCL. BIT. CURB) (P) DIVISION 3 ‐ STREET IMPROVEMENTS SAWCUT BITUMINOUS OR CONCRETE HAUL OUT EXCESS RECLAIMED MATERIAL (LV) 2' AGGREGATE SHOULDERING 15" FLARED END SECTION 18" FLARED END SECTION CATCH BASIN TYPE 404 CATCH BASIN/MANHOLE TYPE 406 RIP RAP INCL. GEOTEXTILE ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 ‐ GENERAL MOBILIZATION REMOVE & DISPOSE OF ENERGY DISSIPATION STRUCTURE REMOVE CATCH BASIN CASTING R‐3067 CATCH BASIN CASTING 12" RCP STORM SEWER PIPE 15" RCP STORM SEWER PIPE 18" RCP STORM SEWER PIPE TRAFFIC CONTROL SILT FENCE INLET PROTECTION CLEAR TREE GRUB TREE IMPORT AND PLACE TOPSOIL BORROW SODDING SEED, MULCH, & FERTILIZER REINSTALL PROPERTY CORNER DIVISION 2 ‐ STORM SEWER IMPROVEMENTS REMOVE & DISPOSE OF EXISTING STORM SEWER (ALL SIZES AND TYPES, INCL. END SECT REMOVE & DISPOSE OF EXISTING STORM SEWER STRUCTURE SUBTOTAL ‐ DIVISION 1 SUBTOTAL ‐ DIVISION 3 SUBGRADE CORRECTION SUBGRADE PREPARATION OF RECLAIMED SURFACE (P) BITUMINOUS DRIVEWAY PAVEMENT MANHOLE UPPER SECTION REHABILITATION SAW AND SEAL STREET (40' INTERVALS) BITUMINOUS NON‐WEARING COURSE BITUMINOUS WEARING COURSE CONCRETE CURB AND GUTTER, ALL TYPES 6" CONCRETE FLUME (ALL TYPES) 6" CONCRETE DIRVEWAY PAVEMENT 4" PERFORATED PVC EDGE DRAIN DRAINTILE CLEANOUT MOBILIZATION REMOVE STORM SEWER 18‐INCH RCP STORM SEWER 18‐INCH FES W/ TRASHGUARD CONNECT TO EXISTING STRUCTURE CULVERT 305‐1 EXTENSION CULVERT 306‐1 EXTENSION QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE TOTALS ‐ CHANGE ORDER NO. 1 $15,742.25 $0.00 $15,742.25 TOTALS ‐ REVISED CONTRACT $1,053,948.39 $458,306.61 $732,282.24 STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: Inwood Water Tower (No. 4) – Pay Request No. 12 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 12? BACKGROUND: CB&I, Inc. was awarded a construction contract on March 15, 2016 to complete the Inwood Water Tower (No. 4) project. The substantial completion date for the project is September 28, 2017. PROPOSAL DETAILS/ANALYSIS: CB&I, Inc., has submitted Partial Pay Request No. 12 in the amount of $42,294.00. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $107,672.43. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 12 for the Inwood Water Tower (No. 4) project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 12 to CB&I, Inc. in the amount of $42,294.00 for the Inwood Water Tower (No. 4)”. ATTACHMENTS: 1. Partial Pay Estimate No. 12. PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. PERIOD OF ESTIMATE TO PROJECT OWNER: CONTRACTOR: 1. Original Contract Amount 2. Net Change Order Sum 3. Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 8. Previous Payments 9. Amount Due (6‐7‐8) *Detailed Breakdown Attached START DATE:ON SCHEDULE SUBSTANTIAL COMPLETION:X FINAL COMPLETION: ENGINEER'S CERTIFICATION: SEH, Inc. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR DATE APPROVED BY OWNER:CITY OF LAKE ELMO, MINNESOTA DATE DATE BY BY YES NO The undersigned Contractor certifies that to the best of their  knowledge, information and belief the work covered by this payment  estimate has been completed in accordance with the contract  documents, that all amounts have been paid by the contractor for  work for which previous payment estimates was issued and payments  received from the owner, and that current payment shown herein is  now due. The undersigned certifies that the work has been reviewed and to the  best of their knowledge and belief, the quantities shown in this  estimate are correct and the work has been performed in accordance  with the contract documents. ENGINEER BY 4/7/2016 11/2/2017 REVISED DAYS REMAINING 574 0 63 9/28/2017 ORIGINAL DAYS CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY 12 8/31/20176/27/2017FROM INWOOD WATER TOWER NO. 4 PROJECT NO. 2015.130 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER CB&I Inc. 14109 S. ROUTE 59 PLAINFIELD, IL 60544 ATTN: MICHAEL ALLISON CONTRACT TIME TOTALS $8,744.00 $0.00 $42,294.00 NET CHANGE $8,744.00 $107,672.435.0% $2,003,482.08 $0.00 $2,153,448.50 1 5/3/2016 $0.00 $0.00 $2,403,744.00 2 9/20/2016 $8,744.00 $0.00 $2,153,448.50 No.Approval  Date Amount $2,395,000.00 Additions Deductions $8,744.00 9/5/2017 FOCUS Engineering, inc.PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 12 INWOOD WATER TOWER NO. 4 8 CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.130 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1                    $16,000.00 $16,000.00 $0.00 1.00 $16,000.00 2 EA 1                    $3,822.00 $3,822.00 $0.00 1.00 $3,822.00 3 LS 1                    $2,068.00 $2,068.00 $0.00 0.50 $1,034.00 4 CY 120                $10.00 $1,200.00 $0.00 60.00 $600.00 5 SY 200                $6.00 $1,200.00 $0.00 150.00 $900.00 6 CY 100                $30.00 $3,000.00 $0.00 0.00 $0.00 7 CY 150                $16.00 $2,400.00 $0.00 0.00 $0.00 8 TON 1,250            $22.00 $27,500.00 $0.00 625.00 $13,750.00 9 TON 65                  $99.00 $6,435.00 $0.00 0.00 $0.00 10 TON 65                  $99.00 $6,435.00 $0.00 0.00 $0.00 11 GAL 35                  $10.00 $350.00 $0.00 0.00 $0.00 12 SF 350                $25.00 $8,750.00 $0.00 0.00 $0.00 13 SF 100                $20.00 $2,000.00 $0.00 0.00 $0.00 14 EA 1                    $2,300.00 $2,300.00 $0.00 0.00 $0.00 15 LF 10                  $110.00 $1,100.00 $0.00 0.00 $0.00 16 LF 120                $140.00 $16,800.00 $0.00 0.00 $0.00 17 EA 1                    $1,980.00 $1,980.00 $0.00 0.00 $0.00 18 EA 1                    $4,864.00 $4,864.00 $0.00 0.00 $0.00 19 LB 700                $2.50 $1,750.00 $0.00 0.00 $0.00 20 LF 140                $2.00 $280.00 $0.00 0.00 $0.00 21 EA 1                    $2,618.00 $2,618.00 $0.00 0.00 $0.00 22 CY 16                  $76.00 $1,216.00 $0.00 0.00 $0.00 23 SY 30                  $6.00 $180.00 $0.00 0.00 $0.00 24 LF 90                  $68.00 $6,120.00 $0.00 0.00 $0.00 25 EA 1                    $1,700.00 $1,700.00 $0.00 0.00 $0.00 26 CY 10                  $92.00 $920.00 $0.00 0.00 $0.00 27 SY 37                  $3.00 $111.00 $0.00 0.00 $0.00 28 LF 500                $2.25 $1,125.00 $0.00 250.00 $562.50 29 LF 1,000            $2.00 $2,000.00 $0.00 0.00 $0.00 30 AC 1.5                 $4,000.00 $6,000.00 $0.00 0.00 $0.00 31 AC 1.5                 $3,500.00 $5,250.00 $0.00 0.00 $0.00 $137,474.00 $0.00 $36,668.50 1 LS 1                  $47,900.00 $47,900.00 $0.00 1.00 $47,900.00 2 LS 1                  $239,500.00 $239,500.00 $0.00 0.98 $234,710.00 3 LS 1                  $316,100.00 $316,100.00 $0.00 1.00 $316,100.00 4 LS 1                  $287,700.00 $287,700.00 $0.00 1.00 $287,700.00 5 LS 1                  $413,400.00 $413,400.00 $0.00 1.00 $413,400.00 6 LS 1                  $372,100.00 $372,100.00 $0.00 1.00 $372,100.00 7 LS 1                  $214,600.00 $214,600.00 $0.00 1.00 $214,600.00 8 LS 1                  $142,300.00 $142,300.00 $0.00 1.00 $142,300.00 9 LS 1                  $43,450.00 $43,450.00 $0.00 1.00 $43,450.00 10 LS 1                  $74,200.00 $74,200.00 0.60 $44,520.00 0.60 $44,520.00 11 LS 1                  $976.00 $976.00 $0.00 0.00 $0.00 12 LS 1                  $89,800.00 $89,800.00 $0.00 0.00 $0.00 13 LS 1                    $15,500.00 $15,500.00 $0.00 0.00 $0.00 $2,257,526.00 $44,520.00 $2,116,780.00 $2,395,000.00 $44,520.00 $2,153,448.50 TOTAL CHANGE ORDER NO.1 0 1                  $0.00 $0.00 $0.00 0.00 $0.00 TOTAL CHANGE ORDER NO.2 0 1                  $8,744.00 $8,744.00 $0.00 0.00 $0.00 $2,403,744.00 $44,520.00 $2,153,448.50TOTALS ‐ REVISED CONTRACT PREASSEMBLED SILT FENCE STRAW BIOROLL TEMPORARY SEEDING (MIX 22‐111 WITH TYPE I MULCH) SUBTOTAL ‐ DIVISION 2 DIVISION 2 ‐ ELEVATED STORAGE TANK WATER TOWER CONTROL PANEL AND RTU ENGINEERING & APPROVAL TANK MATERIALS TANK FABRICATION & SHIP FOUNDATION CONSTRUCTION CONCRETE SHAFT CONSTRUCTION TANK ERECTION (ON GROUND) TANK PAINT (ON GROUND) HOIST TANK TANK PAINT (IN AIR) GEOTEXTILE FABRIC TYPE I 18" RCP STORM SEWER PIPE, CL. V 18" APRON W/TRASH GUARD HAND PLACED RIP RAP, CL. III GEOTEXTILE FABRIC TYPE IV DIVISION 1 ‐ SITE & UTILITY WORK MOBILIZATION ROCK CONSTRUCTION ENTRANCE TRAFFIC CONTROL POLYETHYLENE ENCASEMENT SUBGRADE EXCAVATION GEOTEXTILE FABRIC TYPE V SELECT GRANULAR BORROW ORGANIC TOPSOIL BORROW ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE SEEDING (MIX 25‐131 WITH FERTILIZER & HYDROMULCH) SUBTOTAL ‐ DIVISION 1 AGGREGATE BASE, CLASS 6 BIT WEARING COURSE MIX (WEA240B) BIT NON‐WEARING COURSE MIX (WEB240B) TACK COAT 16" DIP WATER MAIN PIPE, CL. 52 HYDRANT 8" CONCRETE APRON CONNECT TO EXISTING WATERMAIN 6" DIP WATER MAIN PIPE, CL. 52 6" GATE VALVE & BOX 4" CONCRETE WALK DIP FITTINGS 4' X 4' CATCH BASIN WITH GRATING 1.5" CLEAR TOCK INSURANCE AND BONDS STERILIZE AND TEST ELECTRICAL TOTALS ‐ BASE CONTRACT STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: Street Maintenance and Capital Improvement Program – Authorize Geotechnical Services SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Krintina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council authorize a contract for geotechnical services to determine the subsurface condition of streets tentatively scheduled for maintenance or improvements over the next few years? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: Geotechnical services are necessary to investigate the subsurface conditions, including existing subsurface soil materials and support strength for each street segment scheduled for improvement in the next few years (see attached location map). This information will assist in making more informed decisions in regard to the scope of improvement or maintenance needed for each street segment and provide a better estimate of the improvement cost. By obtaining this information early in the street maintenance/CIP process, the street program and associated funding needs can be more accurately projected while helping the staff and council with more informed capital expenditure decisions. To obtain the necessary subsurface investigation, a combination of 26 standard penetration test borings to a depth of 6 feet, Falling Weight Deflectometer (FWD) testing, Ground Penetration Radar (GPR) testing and pavement cores are proposed for the areas shown on the attached exhibit. Proposals for these services were solicited from American Engineering Testing (AET), Inc. and Braun Intertec Corporation. AET, Inc. provided a not to exceed fee of $13,900, while Braun Intertec Corporation provided an estimated fee of $16,311. Please see the attached proposals for the detailed scope of services. FISCAL IMPACT: $13,900. The funds expended for geotechnical services will be funded through the Infrastructure Reserve Fund. As projects move forward the costs associated with various projects may be tracked and applied to the project. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a contract for geotechnical services for the Street Maintenance and Capital Improvement Program to determine the subsurface condition of the streets tentatively scheduled for improvement over the next few years. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to approve a contract to American Engineering Testing, Inc. in a not to exceed amount of $13,900 to perform geotechnical services for the Street Maintenance/CIP Program. ATTACHMENTS: 1. Geotechnical Services Location Map. DOWNSLAKE LAKE JANEHILL PARK LAKE ELMOREGIONALPARK RESERVE TARTANPARKGOLF CLUB LAKE ELMO LAKE JANE SUNFISH LAKE OLSONLAKE LAKE DEMONTREVILLE CLEARLAKE HORSESHOELAKE ROSELAKE REIDPARK VFWPARK LIONS PARK 31ST ST N 32ND ST N LA V E R N E CT N LA Y T O N CT N 30TH ST CIR N 30TH ST N TANA RIDGEPARK LE G I O N A V E N LI S B O N A V E N LISB O N CT N LISBON AVE NLA N S I N G AV E N 24T H S T N 24TH ST CT NLA K E E L M O A V E N 20 T H S T CT N 20TH ST N LE G I O N A V E N LEGIONLN CIR N LEGIONLN CT N 21STST N LE G I O N AV E N MAN N I N G TRL N 12TH ST N LA Y T O N AV E N LA V E R N E AV E N LE E W A R D AV E N 11THST N 14TH ST N MA N N I N G A V E N City of Woodbury STONEGATEPARK KRAMERLAKE GOOSELAKEARMSTRONGLAKE RIDGEPARK EAGLE POINT BLVD HUDSON BLVD JULEP AVE N 9TH ST N JULEPCT N JEW E L AVE N J A S M I N E A V E P L N 10 T H S T LN N 10TH ST N WHISTLINGVALLEY RD WHISTLINGVALLEY TRL 10 T H S T CT N KE A T S A V E N LA K E E L M O A V E N 3RD STREETPL N 15TH ST N 15TH S T C T IVORY CT 16THST N IV O R Y A V E N 21TH ST N 22ND ST N 21STST N 22NDCT N EAGLE POINTLAKE TABLYNPARK HEIGHTSPARK 26TH ST N 27TH ST N IM P E R I A L AV E N IN N S D A L E AV E N IRONWOODTRL N 28THST N27THST N IR I S H AV E N 2 7 T H S T C T N STILLWATER BLVD N IN N S D A L E AV E N 31ST ST N JA M L E Y A V E N 28THST N JONQUILTRL N JO N Q U I L AV E N JAMACA CT N ID E A L A V E N 38TH ST N 39TH ST N IN N S D A L E AV E N 36TH ST N 37TH ST N IR W I N AV E N 35TH ST N IRISAVE N 37TH AVE 35THST N IR I S H CT N IR V I N E CI R N IS L E AV E N LAKE J A N E TRL N JA M A C A A V E N LAKEJANEHILLSPARK PEBBLEPARK LAKE JANETRL N IR V I N E CT N IVYCT N 42NDST N DEE R P O N D TRL NJA C K P I N E TR L N DE E R PO N D C T N WINDBREAK TRL N HID D E N BAY T R L N HIDDEN BAYTRL N BIR C H B A R K TRL N City of Oakdale West LakelandTownship Baytown Township City ofOak ParkHeights City of GrantCity ofPine Springs 59th ST N HIGHLA N D S TRL N H I L L T O P A V E N 53RDST N DEMON T R E V I L L E TRL CIR N HILL TRL N 50TH ST N H I L L T R L N HI G H L A N D S TR L N H I G H L A N D S C T N HY T R A I L AV E N DEMONTREVILLEWILDLIFE PARK DEMONTREVILLEPARK 55TH S T N JA M A C A AVE N IS L E AV E N JA M A C A A V E N JANERD N 49THST JA S P E R A V E N JAMACA BLVD N JERO M E AVE N KLEISPARK CARRIAGESTATIONPARK 39TH ST N LA Y T O N AV E N LA V E R N E 36TH ST 35TH ST 34TH ST UPPER 33 R D S T N 33RD ST N 32ND ST N KR A F T CI R N LA M P E R T AV E N LA N G L Y CT N33RDST LN N KL O N D I K E A V E N STILLWATER LN N KE L V I N AV E N 43RD ST N KIRKWOOD AVE KINDRED WAY KINDRED CT TA P E S T R Y HI L L TAPESTRYBEND TAPESTRY TRL 47TH ST N KI M B R O A V E N LA K E E L M O A V E N 50TH ST N KI R K W O O D A V E N KE A T S A V E N 58TH ST N 56TH ST N 58 T H C T N MA N N I N G AV E N LI N D E N AV E N LILY AVE N MARQUESSLN N M A R Q U E S S T R L N MA R Q U E S S TR L C T N MAR Q U E S S TR L C I R N 55TH ST N LI N D E N T R L N LA R K S P U R LN N LI L A C L N N 44TH STLN N 44TH ST N BLUESTEM LN NLI L Y A V E N LI L Y A V E N LILAC PL N LILAC WAY N 51ST ST S 55TH ST 53RD ST N 57TH ST N JUL E P WAY JU L E P AV E N JA N E CIR N ISL E CT N BLU E - STE M TRL N MA R Q U E S S LN C V N MA R Q U E S S WA Y N KI N D R E D WA Y JE R O M E AV E C T N O L S O N L A K E T R L N HUDSON BLVDHUDSON BLVD 10TH ST N HUDSONBLVD IN W O O D A V E N IN W O O D A V E N SUNFISH LAKEPARK HI D D E N BA Y C T N CHERRY-WOODTRL N JANERD N DEM O N T R E V I L L E TRL N 59th ST N 55 T H S T N J A N E C T N 47TH ST N 50TH ST N STILLW A T E R B L V D N LA K E E L M O A V E N A V E BLUEST E M CIR N LITTLE LITTLEBLUESTEMCIR N LINDENTRL N ST I L L W A T E R BLV D N 50TH ST N 60TH ST N LA K E E L M O A V E N 57 T H S T CI R 57TH ST 57 T H S T C V N 60TH ST N 59TH ST C T N 59TH ST N KEL V I N AVE N 60TH ST N DE M O N T R E V I L L E TR L N 50TH ST N LIBSO N AVE N 30TH ST N 10TH ST N MA N N I N G A V E N 10TH ST N 15TH ST N IV O R Y AV E N City ofStillwaterStillwaterTownship City ofAfton 34TH ST N STILLW A T E R B L V D N TAPESTRY TRL T A P E S T R Y T R L TAPESTRYGR JULEP AVE N STILLWATER BLVD N HOMESTEDPARK HELMO A V E N M A N N I N G A V E N 40TH ST N N 9 7 19HERITAGEPARK VERONICAPOND GOETSCHEL'SPOND Union Pacific Railroad Union Pacific R a i l r o a d TablynPark Eagle PointCreek Estates Lake ElmoHeights Torre Pines Farms ofLake Elmo ParkviewEstates WildflowersShores HuppertAdd BeautCrest Estates FriedrichHghts KenridgeAdd Prairie RidgeOffice Park Eagle PointBusiness Park Stonegate Hammes CountryVista WhistlingValley Midland Meadows DavidNelson Est TheHomestead TartanMeadows The Forest Schwartz-Martinco Add PackardPark EdenPark Heritage Farm LonesomePine Add DownsLake Est MyronEllman Elmo View LI S B O N AV E N Cty AudPlat No. 8 Lake ElmoPark Brookman Add Sunfish Ponds Hamlet OnSunfish LakeParkMeadows Tapestry AtCharlottes' Grove Berschen's Shores DawcinAcres LakeJaneHighlands TealPass Est Fox FireEstates Meyer'sPineridge KrausesAdd Springborn'sGreen Acres Arabian Hills JudithMaryManor Lake Elmo Vista Rolling Hills Est Prairie Hamlet HiddenMeadowsOf Lake Elmo Jesse'sHideaway DiscoverCrossing Arvold'sAcres St. Croix'sSanctuary TamarackFarm Est CarriageStation TanaRidge John M DayFarm Add The Fields ofSt. Croix2nd Add The Fieldsof St. Croix BluestemAt The Fieldsof St. Croix BurrwoodEstBergmannAdd DemontrevilleHighlands Add Lane's DemontrevilleCountry ClubDemontrevilleHighlands Add Olson Lake Add Oace AcresAdd LakeJaneHills Lake JaneManor No. 1 ThreeLakesFarm Add Bordners Garner Farmettes M A N N I N G T R L KELVIN C T N Ì å å © © ñ DEMON T R E V I L L E TRL PL N Location Map Map Date: August 2017 0.5 0 0.50.25 Miles µ 36 5 36 456717 456715 456717 456715 456710 456719 456710456713 456713 45676 45676 456735 17 456714 5 5 456713 456713 %&'(94 %&'(94 %&'(94 Geotechnical Investigation Areas: ;City Hall 3800 Laverne Avenue N(651) 747-3900www.lakeelmo.org Ì Public Works Building 3445 Ideal Ave N(651) 747-3940 n Schools ©Fire Stations Station No. 13510 Laverne Ave N(651) 770-5006 Station No. 24259 Jamaca Ave N(651) 779-8882 Street Legend City StreetsCounty Roads City MSA StreetsCity Streets - GravelPrivate Streets State Hwys Parcels City Parks Golf Course Lake Elmo Regional Park Reserve Subdivisions Lakes Park Office(651) 430-8368 STAFF REPORT DATE: September 19, 2017 CONSENT ITEM #: AGENDA ITEM: Approve Settlement Agreement with Danielsons SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Council will hold a closed session prior to this meeting under the Attorney Client Privilege exception. ISSUE BEFORE COUNCIL: Should the Council approve the Settlement Agreement with Tim Danielson? PROPOSAL DETAILS/ANALYSIS: Included in your packet is the proposed settlement agreement with Tim Danielson on 30th St. The Danielsons have signed the agreement and the commissioner hearings have been canceled to allow the parties to proceed with this agreement. FISCAL IMPACT: $10,800 OPTIONS: 1) Approve Stipulation of Settlement Agreement 2) Do Not Approve the Settlement Agreement. RECOMMENDATION: If removed from the consent agenda: Motion to approve the Stipulation of Settlement with Timothy John Danielson ATTACHMENTS: • Stipulation of Settlement Agreement 1 STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Condemnation City of Lake Elmo, Petitioner, vs. Timothy John Danielson; et al., Respondents. Court File No. 82-CV-16-3201 STIPULATION OF SETTLEMENT THIS STIPULATION is made by and between Petitioner City of Lake Elmo (“City”) and Respondents Timothy John Danielson and Diana Marie Danielson (“Owners”). RECITALS The following recitals are part of this stipulation. 1. Owners are the fee owners of real property identified as Parcel 1 on Exhibit A to the court order approving the City’s Petition in this action (“the Property”). A copy of the applicable part of Exhibit A is attached and incorporated. 2. Washington County has an interest in the Property for the payment of Real Estate taxes, but as indicated in Exhibit B to this stipulation, has represented that there are no delinquent taxes for the Property and has waived any right to participate further in this action. 3. The City commenced this condemnation action to acquire part of the Property in fee, together with a temporary easement over part of the Property (“Subject Interests”), as described in the attached Exhibit A, for the purpose of improving the street, drainage, and utilities and installing a sidewalk along 30th Street (the “Project”). 2 4. On October 28, 2016, the City deposited with the District Court Administrator the amount of its approved appraised value for the damages caused by the taking, $5,200.00, pursuant to Minn. Stat. §117.042 (the “Quick Take Payment”); and on April 24, 2017, the City recorded the documents required by court order to take title to and possession of the Subject Interests. 5. The City and the Owners have reached a full and final settlement and compromise of the matters in dispute. AGREEMENT NOW, THEREFORE, in consideration of their mutual promises and other good and valuable consideration, the parties stipulate and agree as follows: 1. Settlement Amount. The City and Owners agree to a full and final settlement of all claims with respect to the City’s acquisition of the Subject Interests for the total amount of $10,800.00 (“Settlement Amount”). 2. Payment. Within 30 business days following the Effective Date, the City shall pay the Owners the Settlement Amount. 3. Deposit. The Owners assign to the City all right, title and interest in the Deposit. The City may apply to the Court at any time for disbursement to the City of the Deposit, together with any interest that has accrued thereon, without further notice to the Owners. The City and the Owners agree to the entry of a Court order directing disbursement to the City alone of the Quick-Take Payment, together with any interest that has accrued thereon. 4. Other Considerations. The parties agree to the following additional terms: a. The Owners will not have to relocate as a result of the Project. b. The Owners did not obtain an appraisal. 3 5. Full and Final Compromise. This Agreement constitutes a full and final settlement of all claims arising out the City’s taking of the Subject Interests or the performance the Project. In consideration of the Settlement Amount, the Owners waive and release any and all claims, including without limitation claims for just compensation, common law remedies (e.g., tort claims), statutory remedies, interest, appraisal and other expert fees, attorney fees, costs and disbursements, construction-related interference damages and all other severance damages arising from the City’s taking of the Subject Interests or the performance of the Project, against the City, its agents, employees, contractors, or consultants, and the County of Washington, its agent, employees, contractors, or consultants. The Owners further waive any and all rights to further notices, viewings, or hearings regarding this action. 6. Filing of Settlement. The City shall file this Stipulation of Settlement with the district court. Upon payment pursuant to Paragraph 2 above, the City will file a Final Certificate with respect to the Property, and record a discharge of notice of lis pendens with respect to the Property in the Office of the Washington County Recorder. 7. Entire Agreement. The undersigned state and represent that each has fully read this Stipulation of Settlement, has been advised by counsel in this matter, and knows and understands its consequences and legal effect. This Stipulation of Settlement contains the entire agreement of the parties. 8. Execution. The parties agree that this Stipulation of Settlement may be executed in separate counterparts which, taken together, shall be and comprise one agreement. A facsimile or electronic copy of any execution of a counterpart shall have the same force and effect as if it were an original. 4 9. Authority. The persons signing this Stipulation of Settlement in their representative capacities represent and warrant by signing this Agreement that it is their intent to bind their respective clients to the terms and conditions set forth herein, that the persons signing in their representative capacity have been authorized to bind their respective clients to such terms, and that it is the clients’ intent to be so bound. 10. Effective Date. The Effective Date of this Agreement shall be the date of its execution by the last party to sign. Dated: _________________ OWNERS _________________________________ Timothy John Danielson _________________________________ Diana Marie Danielson Dated: _________________ KELLY & LEMMONS, P.A. By: _____________________________________ Chad D. Lemmons (#______________) 223 Little Canada Road East, Suite 200 St. Paul, MN 55117 (651) 224-3781 Attorneys for Owners 5 Dated: _________________ CITY OF LAKE ELMO By: ______________________________ Its: Mayor By:______________________________ Its: City Clerk Dated: _______________ KENNEDY & GRAVEN, CHARTERED Douglas D. Shaftel (#391985) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Attorneys for Petitioner City of Lake Elmo EXHIBIT A Parcel No. 1: Property I.D. 24-029-21-21-0008, Abstract Property Address: 11357 – 30th Street N, Lake Elmo, MN 55042 Description of Subject Property: All that part of Government Lot 1, Section 24 in Township 29 North of Range 21 West of the Fourth Meridian, described as follows, to-wit: Beginning at a point on the North line of said Section, said point being 753.5 feet West of the Northwest Corner of the Northeast ¼ of said Section; running thence South on a line parallel with the North and South ¼ Section line of said Section 262.05 feet; running thence East parallel with the North line of said Section 125 feet; running thence North parallel with the said North and South ¼ Section line 262.05 feet; thence West along the North line of said Section 125 feet to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. Description of portion of Property to be taken in fee: The North 25.00 feet of the tract described as follows: All that part of Government Lot 1, Section 24 in Township 29 North of Range 21 West of the Fourth Meridian, described as follows, to-wit: Beginning at a point on the North line of said Section, said point being 753.5 feet West of the Northwest Corner of the Northeast ¼ of said Section; running thence South on a line parallel with the North and South ¼ Section line of said Section 262.05 feet; running thence East parallel with the North line of said Section 125 feet; running thence North parallel with the said North and South ¼ Section line 262.05 feet; thence West along the North line of said Section 125 feet to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. Description of easements to be taken: A temporary easement for construction purposes over the tract described as follows: All that part of Government Lot 1, Section 24 in Township 29 North of Range 21 West of the Fourth Meridian, described as follows, to-wit: Beginning at a point on the North line of said Section, said point being 753.5 feet West of the Northwest Corner of the Northeast ¼ of said Section; running thence South on a line parallel with the North and South ¼ Section line of said Section 262.05 feet; running thence East parallel with the North line of said Section 125 feet; running thence North parallel with the said North and South ¼ Section line 262.05 feet; thence West along the North line of said Section 125 feet to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. Said temporary easement is described as follows: Beginning at the southeast corner of the North 25.00 feet of said Tract; thence westerly along the south line of said North 25.00 feet to the west line of said Tract; thence southerly along said west line a distance of 19.00 feet to the southwest corner of the North 44.00 feet of said Tract; thence easterly along the south line of said North 44.00 feet a distance of 16.00 feet; thence southeasterly, deflecting to the right 75 degrees, a distance of 41.00 feet; thence easterly, deflecting to the left 75 degrees, a distance of 21.00 feet; thence northeasterly, deflecting to the left 79 degrees, a distance of 56.67 feet to a point on said south line of the North 28.00 feet; thence easterly along said south line a distance of 66.61 feet to the east line of said Tract; thence northerly along said east line a distance of 3.00 feet to the point of beginning. Term of Temporary Easement: The temporary easement described above will run from May 1, 2016 to July 31, 2017. Subject to easements of record, except as taken herein. Interests being acquired as to fee takings and encumbered as to easement takings within the taking areas described above: NAME NATURE OF INTEREST Timothy John Danielson and Diana Marie Danielson Fee Owners Washington County Real Estate Taxes All other parties unknown, together with unknown successors, assigns, heirs, devisees and spouses, if any Any right, title or interest within the acquired portion of the Subject Property STAFF REPORT DATE: September 19, 2017 CONSENT ITEM #: TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Part Time Firefighter Job Offer to Paul Jorgensen, Jeremy Penman, Dominic Jara and Larry Cornell. REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City advertised for applications for Part Time Firefighter positions. On Wednesday, September 6, 2017, internal Paid on Call applicants were interviewed by staff for the position of Part Time Firefighter. ISSUE BEFORE COUNCIL: To make a job offer to Paul Jorgensen, Jeremy Penman, Dominic Jara and Larry Cornell as Part Time Firefighters. PROPOSAL DETAILS/ANALYSIS: Staff is recommending the Council make the job offer to all four applicants. The hiring of these four applicats, combined with the two external candidaes will meet our target of six Part Time Firefighters. All the applicants are currently Paid On Call Firefighters with Lake Elmo FD. Upon approval, they will be able to start in their role as Part Time Fireifhgters and begin providing daytime coverage immediately. They will also continue on the department as Paid On Call Firefighters. FISCAL IMPACT: Wage of $17.00/hour when shift coverage starts. OPTIONS: 1) Make job offer to the four applicants. 2) Do not make job ofer to the four applicants. RECOMMENDATION: If removed from consent agenda: Motion of a job offer to Paul Jorgensen, Jeremy Penman, Dominic Jara and Larry Cornell as Part Time Firefighters. ATTACHMENTS: None STAFF REPORT DATE: September 19, 2017 CONSENT ITEM #: TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Approval of “Training Burn Building Use Agreement” for 8139 38th St. No., Lake Elmo REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The property owner, Gregory Miller contacted the Lake Elmo Fire Department regarding the potential to use the structures located at 8139 38th St. No., Lake Elmo, MN 55042 for the purposes of training. Mr. Miller was in the process of closing on the property at the time and expressed his desire to have all the buildings demolished in order for him to rebuild in 2019. Chief Malmquist and Training Officer Assistant Chief Mike Cornell did an on-site inspection of the property and determined that the structures could provide some valuable training oportunities. Chief Malmquist had follow up communications with the property owner to advise on the procedures and responsibilites of the property owner, some of which Mr. Miller has alrady accomplished. A copy of our Burn Agreement was sent to the City Attorney fro review and updating. Chief Malmquist also contacted Building Official Mike Bent regarding the property and was advised that the clearing of this property was very desirable as it had been on his list of problem properties. ISSUE BEFORE COUNCIL: Approve the Training Burn Building Use Agreement between Gregory Miller, The City of Lake Elmo and the Lake Emo Fire Department for the property located at 8139 38th St. No. Lake Elmo, MN 55042. PROPOSAL DETAILS/ANALYSIS: Staff is recommending the Council approve the agreement to allow the fire department to conduct very valuable training. While we do utlize the East Metro Public Safety Training Facility on a regular basis, it is very recreate fires in an actual house and structures. These opportunites do not present themselves very often and we would like to take full advantage of this. It will allow us to not only do live fire evolutions, but prior to that we do simulations for rescues and use of tolls, etc.\ This will also allow us to do some training with surrounding agencies, which potentially could provide some higher level training with no additional cost to the department. This opportunity is also rather uniques because of the lengthy timeline the property ownr has offered us. Our intention is to train on the structures from now and throughout the winter and do the final burn training next spring. FISCAL IMPACT: Possible minor training costs associated with training scheduled out side of our normal time (perhaps a drill on a Saturday). As we’ve done in the past, we would ask the City to waive any permit fees associated with the demolition of the strucutres in return for the training benefit. OPTIONS: 1) Approval of “Training Burn Building Use Agreement” for 8139 38th St. No., Lake Elmo 2) Do not make job ofer to the four applicants. 2) Do not approve the “Training Burn Building Use Agreement” for 8139 38th St. No., Lake Elmo RECOMMENDATION: If removed from consent agenda: Motion to approve the Training Burn Building Use Agreement between Gregory Miller, the City of Lake Elmo and the Lake Elmo Fire Deparment for 8139 38th St. No., Lake Elmo ATTACHMENTS: Training Burn Building Use Agreement 1 TRAINING BURN BUILDING USE AGREEMENT THIS Training Burn Building Use Agreement (the “Agreement”), entered into this _______ day of ______________, 20__ by and between _____________________________, the City of Lake Elmo, a municipal corporation under the laws of the state of Minnesota (the “City”), and the Lake Elmo Fire Department, along with third party participants approved by the Fire Chief to participate in training events (the “Fire Department”). WHEREAS, ________________________________________________ (the “Owner”) is the fee owner of certain real property (the “Property”) located _________________________ _____________________ and legally described in Exhibit A; and WHEREAS, there are buildings or other improvements (the “Buildings”) located on the Property, and WHEREAS, the Owner desires to have the Buildings destroyed, and WHEREAS, the City, through its Fire Department, is willing to destroy the Buildings by fire if the Buildings may be used for various training exercises before and during their destruction. NOW, THEREFORE, the parties hereto in consideration of the mutual covenants and considerations hereinafter set forth do agree as follows: 1. Training Dates. The City may conduct fire training exercises (the “Training”) on the Property between _____________, 20____and _______________, 20___. The City agrees to give the Owner prior notice when it has initiated Training and to notify the Owner at least 24 hours in advance of when the scheduled burn will take place. 2. Training Plan. The City shall conduct all Training in accordance with Minnesota Statutes, section 88.17, subdivision 3(a). The City is responsible for obtaining the appropriate fire permit required under Minnesota Statutes, section 88.17, subdivision 3(a). 3. Site Plan. The Owner shall provide the City with a site map of the Property which clearly identifies not only the structures to be demolished by fire, but also any surrounding structures which are NOT intended to be destroyed. 4. Owner Responsibilities. The Owner shall provide proof of clear title for the property on which the Buildings are located and assumes all responsibility for cancelling insurance associated with the Buildings and providing proper documentation that said cancellation has occurred. The Owner agrees to indemnify, hold harmless, and defend the City and its Fire Department from any claims arising from the Owner’s warranties contained herein. 5. Utilities. The Owner is solely responsible for arranging to have all utilities on the Property disconnected prior to the Training, including but not limited to gas, electric, water, telephone, television cable, and antennas. The Owner is also responsible to arrange for the removal from the Property of any fixtures, items, equipment, or other personal property that the Owner wishes to preserve prior to any destruction activities herein discussed. If the Owner has 2 not completed these tasks at least 24 hours prior to the first possible training date, the Owner MUST notify the City of this fact and of the tasks not having been completed. 6. Materials Removal. The Owner shall be responsible for filing with the Minnesota Pollution Control Agency (“MPCA”) a Notification of Intent to Perform a Demolition as required by Minnesota Rule 7035.0805. The Owner shall further ensure that all items and materials listed in subpart 5 of Minnesota Rule 7035.0805 are removed from the Property at least 24 hours prior to the first possible Training date. The Owner is also solely responsible for ensuring that it has completed any and all tasks required by federal law as they relate to demolition by burning, including compliance with 40 CFR 61, subpart M, the National Emission Standard for Asbestos. The City maintains the right to request any reasonable assurances of compliance with state and federal law from the Owner. If the Owner has not completed these tasks at least 24 hours prior to the first possible training date, the Owner MUST notify the City of this fact and of the tasks not having been completed. 7. Entry onto the Property Authorized. The Owner hereby expressly authorizes the City, through its Fire Department, to enter onto the Property one of more times to conduct Training. The City and Fire Department may enter the Property solely for the purpose of conducting training exercises and for related activities such as preliminary and follow-up inspections. 8. Right to Inspect. The Owner hereby authorizes the City to inspect the Property at any time necessary during the Training dates covered by this Agreement. This includes inspection to ensure compliance with any section of this Agreement as well as inspection in an effort to plan Training activities. 9. Waiver of Trespass. The Owner expressly waives any claim of trespass against the City or its Fire Department for entry onto the Property for the purpose of conducting training exercises and related activity on the Property. 10. Waiver of Damages. The Owner expressly waives any claim against the City or its Fire Department for any damages to the Property or the Buildings caused, or allegedly caused, by the City or its Fire Department in the course of performing the Training and activities related thereto. 11. Liability and Indemnification. The City and its Fire Department shall be solely liable for any injury to Fire Department personnel or City personnel caused by, or as a direct result of, the Training. The City and its Fire Department shall indemnify and save the Owner harmless against any and all claims by or on behalf of any person or persons arising from the conduct of the Training. The City and its Fire Department shall not, however, be liable for any claim of injuries from a person who is not an employee of the City or its Fire Department in connection with the Training, and/or the Owners failure to clean up the Property and remove debris of the Buildings within the time period allowed by this Agreement. 12. Clean Up and Site Restoration. The Owner shall be solely responsible for removing all debris from the Property following completion of the Training, regardless of the condition of the Property and/or the Buildings following completion of the Training. The City shall notify the Owner in writing when the Training is completed and the Owner shall have thirty (30) days from the date of that notice to complete the removal of all debris and remnants of the 3 Buildings and to backfill any basement or other open spaces with clean fill so that the condition of the Property is in full compliance with the City Ordinances. These materials shall be disposed of by state and county rules at the Owner’s expense. All cost of permits and sampling will be at Owner’s expense. If at any time during the Training the Instructor-In-Charge deems it necessary to extinguish the fire, the remains will be the responsibility of the Owner. The City reserves the right to inspect the Property from time to time as necessary to insure the Owner’s compliance with this obligation to clean up the Property. 13. Right to Terminate. The City maintains the right to terminate this Agreement for any reason prior to conducting the Training. In the event the City terminates this Agreement prior to initiation of Training, the Owner shall be responsible for demolition of its Buildings on the Property. In the event the City terminates this Agreement after initiation of Training, the City shall be responsible for completion of demolition of the Buildings identified on the site plan of the Property, but not for the removal or cleanup of the site. 14. Notification. The City shall be responsible for notifying any neighbors of the Property who may reasonably be affected by the Training regarding the nature and schedule of such Training. 15. Insurance Coverage. The Owner shall be solely responsible for cancelling the appropriate insurance policies on the Property prior to the Training. The Owner shall notify the City of the last day of insurance coverage on the Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the above date. BUILDING OWNER By: CITY OF LAKE ELMO By: Mike Pearson, Mayor By: Julie Johnson, City Clerk LAKE ELMO FIRE DEPARTMENT By: Greg Malmquist, Fire Chief A-1 Exhibit A Legal Description of Property [TO BE INSERTED] STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: Hire Assistant City Administrator SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The City advertised for applications for the Planner position from August 16-September 1st. Interviews were held on Sept. 7th. ISSUE BEFORE COUNCIL: Should Ben Prchal be hired as the City Planner at the terms described below? PROPOSAL DETAILS/ANALYSIS: Staff is recommending the Council hire Ben Prchal as the City Planner. Staff is further recommending a starting hourly wage of $26.46. FISCAL IMPACT: Cost of the position including taxes and benefits for the rest of 2017 is $17,500. OPTIONS: 1) Hire Ben Prchal as the City Planner at the terms described above. 2) Offer the job to Mr. Prchal under different terms 3) Offer position to another candidate 4) Re-advertise the position RECOMMENDATION: If removed from the consent agenda: “Motion to hire Ben Prchal as the City Planner with a starting hourly wage of $26.46, contingent upon passing a background check.” ATTACHMENTS: None STAFF REPORT DATE: September 19, 2017 CONSENT TO: City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: Lake Elmo Regional Art Center Asbestos Removal REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: As part of the Lions Park Baseball Field improvements, it was voted upon to demolish the Regional Art Center and allow for the first baseline of the field to be positioned along the 45th Parallel. ISSUE BEFORE COUNCIL: Should the City Council approve removal of the asbestos in the Art Center prior to demo of the building? PROPOSAL DETAILS/ANALYSIS: It has been discovered that the Lake Elmo Regional Art Center contains a fair amount of asbestos in ceiling tiles, flooring, and duct pipe wrapping. In order to comply with EPA Standards, all materials containing asbestos must be removed by a licensed contractor and disposed of properly. Working with Rachel Contracting (grading and demo contractor), bids for the asbestos removal and disposal were obtained. The bids range in price from; $3,800 (Pladson Environmental) and $6,400 (Envirobate). FISCAL IMPACT: Cost for the asbestos removal shall be in an amount not to exceed $4,200 and paid through Park Dedication Funds. OPTIONS: - Approve removal of asbestos in an amount not to exceed $4,200 - Deny removal of asbestos - Table for further discussion RECOMMENDATION: If removed from consent….. “Motion to approve and award Asbestos removal at the Lake Elmo Regional Art Center to Pladson Environmental for an amount not to exceed $4,200” ATTACHMENTS: • Asbestos Inspection Report • Pladson Environmental Quote • Envirobate Quote From:Ted Pladson To:Ron Fricke Subject:RE: Report Date:Tuesday, September 05, 2017 8:03:37 AM Attachments:image003.png image001.jpg Morning Ron, …………………………………$ 3,800.00 Thanks Ted Pladson Pladson Environmental 308 Chester Street, Saint Paul, MN 55107 Mobile (651) 343-3468 | Office (651) 289-6460 | Fax (651) 289-6461 ted@pladsonenvironmental.com From: Ron Fricke [mailto:RFricke@rachelcontracting.com] Sent: Tuesday, September 5, 2017 7:57 AM To: Ted Pladson <ted@PladsonEnvironmental.com> Subject: FW: Report Ted – Here is an asbestos report for a house demo as part of a new baseball field project I started in Lake Elmo. It will go as soon as possible in the next 2 weeks. Please let me know your price. Ron Fricke Estimator/Project Manager Rachel Contracting, Inc. 4125 Napier Court NE|St. Michael, MN 55376 M: 763-248-0342 | D: 763-424-1514 | RFricke@rachelcontracting.com From: Rob Weldon [mailto:RWeldon@lakeelmo.org] Sent: Thursday, August 31, 2017 12:52 PM To: Ron Fricke <RFricke@rachelcontracting.com> Subject: FW: Report Ron, Attached is the asbestos report and below is the contact info for additional soil at Lions Park. Jim Felton – Royal Golf 651-414-1948 Rob __________________________ (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person is not paid for their contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after the completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice An Equal Opportunity Employer PROPOSAL PROPOSAL SUBMITTED TO: Ron Fricke Rachel Contracting, Inc PHONE: 763 248 0342 763 424 1514 EMAIL: DATE: September 5, 2017 JOB ADDRESS: 3585 Laverne Ave. Lake Elmo, MN JOB DESCRIPTION: Pre-Demo Asbestos Abatement Envirobate proposes to furnish all labor, materials, equipment, supplies, disposal and insurance necessary for the following: Removal and disposal of all asbestos containing materials within the home prior to demolition. Materials and pricing are based on the Environmental Demolition Inspection & Consulting survey dated 08/24/2017. Water and power will be supplied if not present. Price-$6,400.00 EnviroBate proposes to complete this scope in accordance with all EPA, OSHA, state and local regulations governing asbestos control and removal. The following items are included in the abatement project, as appropriate: 1. Occurrence type asbestos liability insurance coverage. 2. Final air clearance in compliance with applicable regulations. 3. Final cleaning and encapsulation of containment area. 4. All hazardous waste disposed according to EPA guidelines in an approved landfill via manifest. 5. Abatement performed within a negative air enclosure system, as appropriate. 6. Strict compliance with applicable Federal and State regulations. 7. Notification and permit fee to MN Department of Health, as applicable. * Owner is responsible for the water and electrical supply and all costs associated. * EnviroBate is not responsible for damages caused by spray glue and tape. * Price assumes that work area will be clear. Moving of items is billed at $109.00 per man hour. Terms: Payment due upon completion via check or credit card. Note: This proposal may be withdrawn by us if not accepted within 30 days. Acceptance of Proposal – The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified and will receive payment accordingly. Authorized Authorized Signature ______________________________ Signature _ Marcus Rymer– Project Manager Option(s) Date: STAFF REPORT DATE: September 19, 2017 CONSENT AGENDA ITEM: Human Resources Committee Appointment SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: As has been our practice this year, staff is presenting applications for committee appointments. ISSUE BEFORE COUNCIL: Should the Council appoint Michelle Whitman to the Human Resources Committee? PROPOSAL: Council members were emailed a copy of the application materials from the following: Michelle Whitman FISCAL IMPACT: NA OPTIONS: If removed from consent agenda 1) Appoint Michelle Whitman to the Human Resources Committee 2) Appoint another member to the Human Resources Committee 3) Do not make an appointment to the Human Resources Committee RECOMMENDATION: “Motion to appoint Michelle Whitman to the Human Resources Committee” ATTACHMENTS: • None STAFF REPORT DATE: September 19, 2017 REGULAR ITEM #: MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Royal Golf Club at Lake Elmo Development Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Kristina Handt, City Administrator Brian Swanson, Finance Director Stephen Wensman, Former Planning Director BACKGROUND: On September 5, 2017, the City Council adopted Resolution 2017-093 approving the Final Plat of Royal Golf Club at Lake Elmo. An executed Development Agreement is a condition of final plat approval and is required prior to recording the final plat with Washington County. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2017-096 approving the Developer Agreement for Royal Golf Club at Lake Elmo. REVIEW/ANALYSIS: A condition of approval of the Royal Golf Club at Lake Elmo Final Plat is that the developer enter into a Developer’s Agreement prior to the execution of the plat by City officials. Staff has drafted this Developer Agreement which is attached for consideration by the City Council. The key aspects of the agreement include the following components: • The Developer provide executed warranty deeds to the City for recording for Outlots A, C, E, H, J, M, N, and Q. • Legal documents regarding homeowner association documents, covenants, and restrictions are to be submitted, reviewed, and approved by the City Attorney. • Removal of the provision that the Developer follow the City of Lake Elmo “Bee Safe” policy for pesticide use, as Resolution 2015-13 as the Council moved to repeal the Bee Safe Resolution on July 18, 2017. • That all public improvements be completed by October 31, 2018, with the exception of the final wear course of asphalt on streets. City Council – Staff Report Regular Item # ___ Meeting date: 9/19/2017 Page 2 • The parkland dedication is to be dedicated incrementally with each phase. The total assessed value of the entire subdivision was $8,000,000.00. The zoning district in which the development is located requires 10% of the land of the entire subdivision to be dedicated towards parkland, or a fee in lieu of land. As approved by the City, the developer has proposed trails instead of a public park. The developer has agreed to not receive credit for costs of construction of the trails in exchange for an increased amount of impervious surface for residential lots, as approved with the Final Plat but will receive credit for a 30 foot corridor for trails, less wetland buffer encroachments. The parkland dedication for the first phase was calculated as follows: Factors Considered Running Totals $800,000.00 for required parkland dedication Less $188,543.00 for appraised value of land underneath trail (8,085 lineal feet of trail with a 30-foot wide corridor, less 5,010 wetland buffer encroachment) Total: $611,457.00 Divided by 291 lots (number of lots for entire development) Total: $2,101.00 Multiplied by 73 lots (number of lots for 1st Addition) Total Owed for 1st Addition: $153,373.00 • That the developer provide a letter of credit in the amount of $3,570,389.00 related to the cost of the proposed improvements. • Six building permits for model homes. • That the developer pay the City a cash contribution up front of $370,000.00 to reimburse the City for the estimated future costs of construction of turn lanes on CSAH 10 and CSAH 17 ($203,000.00 for CSAH 10 and 167,000.00 for CSAH 17). If the actual construction costs exceed the estimated amounts, the Developer shall be responsible for reimbursing the City for all "City costs" associated with the City’s cost participation in the CSAH 10 and CSAH 17 turn lane construction. • The Developer shall pay the City a cash donation of $1,000,000 with the Royal Golf Club at Lake Elmo 3rd Addition final plat, or with that phase of the development when the Tartan Park ballfields are no longer able to be used by the City. • The Developer shall pay a cash contribution of $50,000 for the future maintenance costs of 2 of the 3 lift stations. • That the developer provide a cash deposit of $1,063,922.00 for SAC and WAC charges, engineering administration, one year of street light operating costs, lift station maintenance costs, city cost share of turn lane improvements for CSAH 10 and CSAH 17 and other City fees. SAC and WAC charges for the clubhouse and maintenance buildings, any semi- City Council – Staff Report Regular Item # ___ Meeting date: 9/19/2017 Page 2 transient accommodations, and the fitness/recreation facility are to be paid prior to the issuance of a building permit for each facility (per city ordinance they will be required to connect within 2 years of the sewer install). • A credit from a previously submitted letter of credit from Royal Golf’s Grading Agreement ($780,600) was applied so as not to duplicate already in-place securities for grading, tree preservation, and wetland mitigation and buffers. The construction plans approval for the project are expected, but had not been given prior to the preparation of this report. If approved, the final page of the Development Agreement will be updated to include the final construction plan dates. The Development Agreement will not be executed until the final construction plans are approved, all fees and securities, and insurance certificates are received among other requirements. Only after recording of the final plat and the completion of a pre-construction meeting with the City can the construction commence. FISCAL IMPACT: The future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains, lift stations, and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 73 lot single family residential subdivision. OPTIONS: The City Council has the following options: 1) Adopt Resolution 2017-096 approving the Development Agreement for Royal Golf Club at Lake Elmo; or 2) Direct Staff to amend the draft Development Agreement to bring back to a future City Council meeting. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2017-096 approving the Development Agreement for Royal Golf Club at Lake Elmo. “Move to adopt Resolution 2017-096 approving the development agreement for Royal Golf Club at Lake Elmo Final Plat” ATTACHMENTS: • Resolution 2017-096 • Royal Golf Club at Lake Elmo Development Agreement CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-096 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR THE ROYAL GOLF CLUB AT LAKE ELMO 1ST ADDITION 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, Royal Development, Inc., 11074 Radisson Road NE, Blaine, MN 55449 (“Developer”) has previously submitted an application to the City of Lake Elmo (“City”) for Final Plat and Planned Unit Development (PUD) Plans to be called The Royal Golf Club at Lake Elmo 1st Addition, a copy of which is on file in the City Planning Department; and WHEREAS, the Lake Elmo City Council approved The Royal Golf Club at Lake Elmo PUD Concept Plan on September 9, 2016; and WHEREAS, the Lake Elmo City Council adopted Resolution 2017-47 approving The Royal Golf Club at Lake Elmo Preliminary Plat and PUD Plans on June 6, 2017; and WHEREAS, the Lake Elmo City Council adopted Resolution 2017-93 approving The Royal Golf Club at Lake Elmo 1st Addition Final Plat and PUD Plans on September 5, 2017; and WHEREAS, a condition of approval of said Resolution 2017-93 establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Development Agreement with the City; and. WHEREAS, the Developer and the City have agreed to enter into such a contract and a copy of the Development Agreement was submitted to the City Council for consideration at its September 19, 2017 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Development Agreement for The Royal Golf Club at Lake Elmo 1st Addition and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 19th day of September, 2017 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk 1 (reserved for recording information) DEVELOPMENT AGREEMENT (Public sewer and water) Royal Golf Club at Lake Elmo 1st Addition THIS DEVELOPMENT AGREEMENT is dated September __, 2017, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and Royal Development, Inc., a Minnesota corporation (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat entitled “Royal Golf Club at Lake Elmo” (referred to in this Agreement as the “Subdivision”). The property being platted is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A (the “Property”). 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on condition that the Developer enter into this Agreement, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 120 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer 2 may not grade or otherwise disturb the earth, remove trees, or construct public or private improvements or any buildings within the Subdivision, unless such work is permitted under separate agreement, until all the following conditions precedent have been satisfied: A. the Developer has caused H.C. Golf Land, LLC to provide the executed warranty deeds conveying fee title to Outlots A, C, E, H, J, M, N, and Q to the City and provided copies of the executed warranty deeds to the City for recording with Washington County; B. the Developer has executed and recorded with Washington County all drainage and utility easements required for the Subdivision by the City Engineer and Public Works Director in the City’s standard form or the easements have been dedicated to the City on the plat; C. the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City’s standard form; D. this Agreement has been executed by the Developer and the City; E. the required Security (as hereinafter defined) have been received by the City from or on behalf of the Developer; F. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; G. the Developer has paid the City for all legal, engineering, and administrative expenses incurred by the City regarding the City approvals and has given the City the additional City Engineering Administration Escrow required by this Agreement; H. the Developer has paid any outstanding assessments and taxes for the Property including the property being deeded to the City; I. the Developer has fulfilled any park dedication requirements as specified under this Agreement; 3 J. the Developer has received all necessary permits from the Minnesota Pollution Control Agency (“MPCA”), the Minnesota Department of Health (the “MDH”), the Department of Natural Resources (the “DNR”), applicable watershed districts, Washington County, and any other government entity or agency having jurisdiction over the Subdivision; K. the Developer has provided the City with a certificate of insurance required by this Agreement; L. the Developer or the Developer’s engineer and the Developer’s contractor(s) have initiated and attended a preconstruction meeting with the City Engineer, and City staff; M. the final plat has been recorded with Washington County; N. the homeowners’ association declaration, covenants, and restrictions and other related documents have been submitted, reviewed, and approved by the City Attorney; and O. the Developer has provided a title insurance policy for all property being deeded to the City and all easements being dedicated to the City in the plat; and P. the City has issued a written notice that all above conditions have been satisfied 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 of the development if the Developer is not in compliance with any term of this Agreement and the non-compliance has not been remedied. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Park dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased 4 preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement, 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 Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any changes to the City's Comprehensive Plan, official controls, including, but not limited to, any platting or dedication requirements enacted after the date of this Agreement. 7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in accordance with the City approvals, including the terms and conditions of approval of the final plat as detailed in City Council Resolution No. 2017-093 and to construct all improvements in accordance with the approved construction plans and specifications (collectively, the “Plans”) prepared by a professional engineer registered in the State of Minnesota at its sole expense. All terms and conditions of the City approvals are hereby incorporated by reference into this Agreement. The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B. The Plans may not be modified by the Developer without the prior written approval of the City. 8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the “Subdivision Improvements”): A. Grading and erosion control; B. Sanitary sewer; C. Water system improvements; 5 D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs, etc.) E. Streets and sidewalks; F. Trails; G. Underground private utilities; H. Landscaping; I. Street lighting and signage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); K. Tree preservation and reforestation; L. Wetland mitigation and buffers; and M. Monuments required by Minnesota Statutes. All improvements shall be installed in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. 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 Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation 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 or a soil engineer inspect the Developer’s work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit to the City an amount to be escrowed by the City for City administration and construction observation costs in an amount provided under paragraph 36 of this Agreement - Summary of Security Requirements. Thereafter, the Developer shall reimburse the City each month, within 6 30 days of receiving an invoice, for all administration and construction observation costs incurred by the City during the construction of the Subdivision Improvements by the City’s engineering, public works, planning, and landscape architecture staff and consultants. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until the escrow has been replenished in its full amount. City administration and oversight will include monitoring of construction progress and construction observation, consultation with the Developer and the Developer’s professionals 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 the Security. 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 by the City on an hourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer-required management of the construction of the Subdivision Improvements. The Developer must require the Developer’s contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer-installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City 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 percent ownership interest or in which they are an 7 officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified in Paragraph 8 above. 11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision Improvements by October 31, 2018, 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 Subdivision Improvements by the City 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. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads and alleys until the Subdivision Improvements are accepted by the City in writing. The Developer is also responsible to locate all underground utilities until the Subdivision is accepted in writing by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on them and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed by the Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the street from the Developer’s operations. The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping shall take 8 place on a weekly basis. Prior to the City’s acceptance of the streets, the City may agree, at the City’s sole discretion, to keep the streets open during winter months by plowing snow. The City will consider snow plowing streets on a case-by-case basis and under the following conditions: 1) the Developer must request in writing the streets in question to be plowed by the City, with such request received prior to October 1st of each winter season that plowing is requested; 2) the streets must be occupied by residents of the City; 3) for streets that do not have the bituminous wear course placed, the Developer must install paved wedges along all curb lines and catch basins; 4) gate valves and manholes must be level with the pavement surface; 5) street curves, center medians, and other protrusions in the right-of-ways must be delineated with “High-vis” fiberglass stakes; 6) a site review must be scheduled and conducted with the Public Works Department, and attended by the Developer, to accept the streets for plowing prior to the commitment of plowing by the City; 7) the City shall not be responsible for any damage caused by snow plowing operations to the streets, curb and gutter, manholes, catch basins or other infrastructure; and 8) the Developer shall enter into an Agreement with the City for plowing of the streets. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property and this Agreement. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the Subdivision via 10th Street North and 20th Street North as identified on the approved construction plans. No construction traffic is permitted on other adjacent local streets including loading and unloading of equipment. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress 9 and compliance points to be measured and evaluated. The Developer and the Developer’s representatives are required to supervise and coordinate all construction activities for all Subdivision 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. EROSION CONTROL. All construction regarding the Subdivision Improvements shall be completed in a manner designed to control erosion and in compliance with the City Code, the City’s Engineering Design and Construction Standards Manual, all watershed district permits, the MPCA’s best management practices, and other requirements including the City’s permit with the MPCA for the municipal separate storm sewer system program. Prior to initiating any work on the site, an erosion control plan must be implemented by the Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may impose additional erosion control requirements at any stage in development as deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer promptly after the work in the area is complete unless construction of the next stage of the improvements will begin in that area within seven days. 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 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 by the City unless the Subdivision is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public Subdivision Improvements, the Developer assumes all responsibility for erosion control compliance throughout the 10 Subdivision 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 Engineer. 17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 30 days after completion of the grading, the Developer shall provide the City with an “as built” grading plan and a certification by a registered land surveyor or engineer as required in the City’s Engineering Design and Construction Standards Manual. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets, including turn lane and intersection improvements, shall be installed in accordance with the approved Plans, the City approvals, the City Code, and the City’s Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the bituminous streets, sidewalks, the grading of boulevards, the installation of street signs, and all restoration work on the site shall be completed in accordance with the approved Plans. Once the work is completed, the Developer or the Developer’s 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 must be notified to re-inspect the improvements. The final bituminous wear course shall be installed by the Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous wear course, the Developer shall repair or replace all broken or failing curbs, sidewalks, and damaged or settled streets as determined by the City from a pre- wear course walk through inspection. 11 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two years. The two year warranty period shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection 30 days prior to the end of the two year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event that any landscaping installed by the Developer is deemed to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over-seeding necessary to establish final lawns and yards as identified in the approved Plans for outlots, public rights-of-way, and any disturbed areas outside the Subdivision boundaries according to a landscape maintenance plan approved by the City. The Developer agrees to achieve “substantial performance” on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this Agreement “substantial performance” shall be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf areas with an average blade height of three inches, free of eroded, bare, or dead spots, and free from perennial weeds or unwanted grasses with no visible surface soil.” For areas seeded with a native grass or flower mix “substantial performance” shall be defined as “square foot native grass or flower areas with an average height 12 of eight inches free of eroded, bare, or dead spots and no visible surface soil.” C. Notwithstanding anything herein to the contrary, the Developer may reduce the number of trees it is required to plant within the Subdivision, as such number is reflected currently in the landscape plan referenced in Exhibit C attached hereto, by (i) implementing woodland management and/or pollinator friendly native seeding practices within the Subdivision, in a manner approved by the City’s Landscape Architect, provided that the number of trees that may be removed from the Developer’s plantings will be agreed upon by the Developer and the City at the time such practices are approved, and/or (ii) paying to the City a per-tree parkland dedication fee of $500.00 per 2.5 caliper inch tree that the Developer elects not to plant within the Subdivision. In the event the Developer elects to utilize either or both of the foregoing to reduce its tree planting requirements and the Developer and the City reach agreement on mutually acceptable terms relating to the same, the City and the Developer shall execute an amendment to this Agreement that memorializes the parties’ agreement relating to such reduction in tree planting requirements and that includes a revised landscape plan for the Subdivision the reflects the reduced number of trees that will be planted. 20. SIGNAGE, STREET LIGHTING, AND OTHER UTILITIES. The Developer agrees to install street signs, traffic and parking signs, and pavement markings within the Subdivision all in accordance with the approved Plans and the City Engineering Design Standards Manual. Street and traffic sign details shall be submitted by the Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in accordance with the approved plans and right-of-way permits. 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction 13 required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and 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 Agreement. 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 that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer shall dedicate 8.8 acres of land or pay a cash contribution of $611,457.00 in satisfaction of the City's park dedication requirements for the entire Subdivision, all phases, to be dedicated incrementally with each phase of development. The park dedication for the entire Subdivision was calculated as follows: $800,000.00 (10 percent of $8,000,000 (the total appraised value of the entire Subdivision), less $188,543 for the total appraised value of the land being conveyed to the City for trails (8,085 lineal feet of trail with a 30 foot wide corridor, less 5,010 square feet of buffer encroachment). In the first phase, the Developer shall cause H.C. Golf Land, LLC to deed Outlots A and C (1.03 gross acres of land) to the City upon the recording of the final plat and shall pay a cash contribution of $153,373 to satisfy the City’s park dedication requirements for the first phase. The first phase park dedication was calculated as follows: 73 lots at $2,101.00 per lot ($2,749.00 per lot, less $648.00 for the appraised value of land for the trails being conveyed to the City per lot). 23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges 14 (SAC) and all water availability charges (WAC) with respect to the Subdivision 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 REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer for the first phase of the Subdivision is $219,000.00. This shall include 73 residential units. The sewer availability charge (SAC) for future connections to clubhouse and maintenance buildings, any semi-transient accommodations, and the fitness/recreation facility, to be located on Lot 2, Block 1 of the plat, shall be paid prior to the issuance of a building permit for each facility. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer for the first phase of the Subdivision is $219,000.00. This shall include 73 residential units. The water availability charge (WAC) for the future clubhouse and maintenance buildings, any semi-transient accommodations, and the future fitness/recreation facility, to be located on Lot 2, Block 1 of the plat, shall be paid prior to the issuance of a building permit for each facility, or, with respect to the future connections to the clubhouse and maintenance buildings, at the time such hook-ups occur. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water connection charge in the amount of $1,000.00 per REC will be payable by the Developer and collected by the City at the time the building permit is issued for each lot. 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 $36,000.00 and consists of six decorative lights at $6,000.00 each. The Developer shall also pay the City $774.00 to reimburse the City for the first year operating costs for the street lights. 15 25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans 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 to perform the work if the Developer fails to take corrective measures after being provided reasonable notice by the City. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permit shall be issued for any lot within the Subdivision, or within a completed phase of the Subdivision in a City preapproved phasing plan until such time that sanitary sewer and water mains have been tested and approved by the City, storm sewer inverts have verified by the City, curb and gutter and one lift of asphalt have been installed and tested for all public streets; property monuments have been installed, and lot grading and lot drainage has been verified and approved by the City through as-built lot corner elevations and as-built elevations for all emergency overflow elevations and downstream drainage systems. Driveways are not permitted for any lot until sidewalks are in place. If a preapproved phasing plan is in place, the Developer is only obligated to complete the items listed in this paragraph with respect to that phase in order to receive building permits. A “preapproved phasing plan” is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the preconstruction meeting for the Subdivision. Once the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. B. Issuance of building permits for six “model homes” may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements described 16 in paragraph 26 (A) above, if there is safe public access to the lot that is sufficient to allow construction to proceed and there is a grading as-built plan approved by the City for the lot and all downstream storm water drainage facilities. However, the City will not issue a certificate of occupancy for any “model home” until all conditions identified in paragraph 26 (G) below have been completed. The Developer shall use the model home only for real estate sales purposes and no other purposes. C. 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 Planning Department. D. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspections, or actions and the halting of all work in the Subdivision. E. If building permits are issued prior to the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, the Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. F. No sewer and water connection permits will 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. No certificate of occupancy will be issued for any lot within the Subdivision in a City preapproved phasing plan until such time that street and traffic control signs have been installed in such phase; grading as-built plans have been submitted and approved by the City in such phase; sidewalks have been installed continuously from end of street to end of street in such phase without exceptions; and lift stations must 17 be operational. 27. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Agreement has been performed and the amounts due to 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 Security 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 funds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 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 Subdivision, including but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with the City’s approval and acceptance of the plat and the Subdivision, the preparation of this Agreement, the City’s review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting the Subdivision. All amounts incurred and due to the City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording. C. The Developer shall hold the City and its officials, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the City’s approval of the plat and the development of the Subdivision. The Developer shall indemnify the City and its officials, employees, and agents for 18 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 Agreement, 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 Agreement. 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 Property, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within 30 days after receipt. Bills not paid within 30 days shall be assessed a late fee per the City adopted fee schedule. Upon request, the City will provide copies of detailed invoices of the work performed by the City and its consultants. 28. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the August 24, 2017 Engineering memorandum. B. Upon the recording of the final plat, the Developer shall cause H.C. Golf Land, LLC to convey Outlots A, C, E, H, J, M, N, and Q to the City by warranty deed, free and clear of any and all encumbrances, unless otherwise agreed to by the City. C. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. D. All public trails shall be located within outlots that are at least 30’ wide and must be deeded to the City by warranty deed. A title insurance policy shall be provided for the outlots. 19 E. The Developer shall enter into a License and Maintenance Agreement for Landscaping Improvements with the City that clarifies the individuals or entities responsible for maintenance of any landscaping installed in areas outside of land deeded to the City or dedicated as public park and open space on the final plat. F. The Developer shall reimburse the City for all “City Costs” incurred by the City for the City’s cost participation in the CSAH 10 and CSAH 17 turn lane improvements to be designed and constructed by Washington County. The Developer shall pay the City up front, when payment is due under the terms of this Agreement, a cash contribution of $370,000.00, the estimated City cost share of turn lanes on CSAH 10 and CSAH 17 ($203,000.00 for CSAH 10 and $167,000.00 for CSAH 17). If the actual City cost share exceeds this estimated amount, the Developer shall be responsible for reimbursing the City for all "City costs" associated with the City’s cost participation in the CSAH 10 and CSAH 17 turn lane construction within 30 days of being invoiced for such amounts by the City. G. The Developer shall pay the City a cash donation of $1,000,000.00 upon the Royal Golf Club at Lake Elmo 3rd Addition final plat being approved by the City, or upon approval by the City of that phase of the development where the Tartan Park ballfields are no longer able to be used by the City, whichever happens first. H. The Developer shall pay the City a cash contribution of $50,000.00 for the future maintenance costs of two of the three lift stations that will be serving the Subdivision. The contribution shall be paid prior to the City signing the final plat. I. A temporary access road providing access to the Outlot N lift station and sanitary manhole structures along Outlot R must be provided by the Developer. The Developer also hereby agrees to pave such road within one year from the date that the lift station is operational. 29. MISCELLANEOUS. 20 A. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a professional 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. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Homeowners’ association documents, covenants, and restrictions and other documents related to the homeowners’ association shall be submitted to the City prior to recording of the final plat for review and approval by the City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six months after the City has accepted the public Subdivision 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 $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on the policy, and the 21 Developer shall file with the City a certificate of insurance evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days’ advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Agreement. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. 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 Agreement shall not be a waiver or release. H. This Agreement shall run with the land and may be recorded against the title to the Property at the Developer’s expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; 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 the City, at law or in equity, or under any other agreement, and each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time 22 thereafter any other right, power, or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply 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 Subdivision is not in compliance, the City may, at its option, refuse to allow construction or development work in the Subdivision until it is brought into compliance. Upon the City’s demand, the Developer shall cease work until there is compliance. 30. 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 the Developer to commence and complete construction of the public Subdivision 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. 31. 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 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 23 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 the Developer, or immediately draw on the Security, as set forth in this Agreement. 32. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision for such purposes. If the City does such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements, and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. The Developer also acknowledges that its failure to perform any or all of the Developer’s 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. 24 33. WARRANTY. During the warranty period, the Developer warrants that all Subdivision Improvements will be free from defects and that they will continue to meet all technical specifications and standards. During the warranty period, the Developer agrees to repair or replace any Subdivision Improvement, or any portion or element thereof, which shows signs of failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective Subdivision Improvement during the warranty period, the City may repair or replace the defective portion and may use the Security to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers if the Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. A. The required warranty period for all work relating to the public sewer and water shall be two years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be one year from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two years from the date of final written City acceptance of the installation. 34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the 25 terms of this Agreement, payment of special assessments, payment of the costs of all public Subdivision Improvements, and construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a combination of a cash escrow and letter of credit (the “Security") in the amount of $3,570,389.00. The bank originating the letter of credit shall be determined by the City to be solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. This breakdown is for historical reference; it is not a restriction on the use of the Security. The City may draw down the Security, without notice, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required public Subdivision Improvements are not completed at least 30 days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used by the City to cure the default. 35. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the Security in the following instances: A. Upon completion of grading operations, including temporary site restoration. The Developer must submit an as-built grading survey to the City that at a minimum 26 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 by the City, 100 percent, or $0.00, of the Security associated with grading may be released. This Security reduction does not include amounts related to erosion and sedimentation control. B. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of $1,024,111.50 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. 2. Construction Categories 4 and 5: The amount of $1,219,884.00 may be released when all streets, sidewalks, 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. 3. Construction Categories 6-10 and 14-17: The amount of $200,280.00 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) trails; (4) bio retention facilities; (5) iron monuments for lot corners have been installed, if required; (3) all financial obligations to the City have been satisfied; (4) the required "record" plans in the form of the City standards have been received and approved by the City; and (5) the public 27 Subdivision Improvements are accepted by the City Engineer and the City Council. 4. Construction Categories 11, 12, and 13: The amount of $233,515.50 may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City including all corrective work for any identified punch list items. C. Twenty-five percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. D. Twenty-five percent of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items being completed by the Developer; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. E. In addition to the above project milestone-based Security reductions, the Developer may submit a written request and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved Plans and the 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 50 percent of the initial Security amount. F. It is the intent of the parties that the City at all times have available to it Security in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, 28 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 Security 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 Agreement which must be paid to the City prior to recording the final plat: Sewer Availability Charge (SAC): $219,000.00 Water Availability Charge (WAC): $219,000.00 Park Dedication: $153,373.00 Street Light Operating Fee: $774.00 City Base Map Upgrading: $1,775.00 City Engineering Administration Escrow $50,000.00 Lift Station Maintenance Cost Fee: $50,000.00 City Cost Share of Turn Lane Improvements: $370,000.00 TOTAL CASH REQUIREMENTS: $1,063,922.00 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 11074 Radisson Road NE, Blaine, MN 55449, Attn: Hollis Cavner. 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. The Developer shall furnish the City with evidence of fee ownership of the property being platted by way of a title insurance commitment dated not earlier than 30 days prior to the execution of the plat. 39. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, ordinances, regulations, and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of the Minnesota. 40. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, 29 illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 41. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 42. COUNTERPARTS. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 30 CITY OF LAKE ELMO By: ____________ __________________ Mike Pearson Its: Mayor By: __________________ _____________ Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2017, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, 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 31 Royal Development, Inc. By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___, day of _________________, 2017, by _______________________, the _______________________of Royal Development, Inc., a Minnesota corporation on behalf of the corporation. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 32 33 MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT , which holds a mortgage on the Property, the development of which is governed by the foregoing Development Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2017. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2017, by _______________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 34 35 EXHIBIT A TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as THE ROYAL GOLF CLUB AT LAKE ELMO The North Half of the Northeast Quarter of Section 25, Township 29 North, Range 21 West. Washington County, Minnesota, except therefrom that portion of the Northeast Quarter lying North and East of the public highway known as County State Aid Road No. 15. AND Government Lot 2 of Section 25, Township 29 North, Range 21 West, Washington County, Minnesota. AND Government Lot 1 of Section 25, Township 29 North, Range 21 West, Washington County, Minnesota. AND The Northwest Quarter of Section 25, Township 29 North, Range 21 West, Washington County, Minnesota. AND The Northeast Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 21 West, Washington County, Minnesota. AND Government Lot 3 of Section 25, Township 29 North, Range 21 West, Washington County, Minnesota. A-1 506298v2 SJS LA515-23 AND The Southwest Quarter of the Southeast Quarter of Section 25, Township 29 North, Range 21 West, Washington County, Minnesota. AND That part of Government Lot 4, Section 25, Township 29, Range 21, Washington County, Minnesota, described as follows: Commencing at the Southwest corner of said Government Lot 4; thence North 00 degrees 08 minutes 17 seconds East, assumed bearing, along the West line of said Government Lot 4, a distance of 1119.38 feet to the point of beginning of the parcel to be described; thence continuing northerly along said West line of Government Lot 4, a distance of 584 feet, more or less, to the shoreline of Horseshoe Lake; thence southeasterly, southerly, and southwesterly along said shoreline to the intersection with a line that bears South 89 degrees 51 minutes 43 seconds East from the point of beginning; thence North 89 degrees 51 minutes 43 seconds West, 21.5 feet, more or less, to the point of beginning. AND That part of Government Lot 4, Section 25, Township 29, Range 21, Washington County, Minnesota, lying southwesterly, southerly, and westerly of the following described line: Commencing at the Southwest corner of said Government Lot 4; thence North 00 degrees 08 minutes 17 seconds East, assumed bearing, along the West line of said Government Lot 4, a distance of 482.61 feet to the point of beginning of the line to be described; thence southeasterly 221.89 feet along a non-tangential curve concave to the southwest having a radius of 490.00 feet, a central angle of 25 degrees 56 minutes 46 seconds, a chord length of 220.00 feet, and a chord bearing of South 43 degrees 56 minutes 35 seconds East; thence North 63 degrees 42 minutes 45 seconds East, not tangent to the last described curve, a distance of 10.23 feet; thence South 32 degrees 27 minutes 51 seconds East, 334.35 feet; thence South 00 degrees 08 minutes 17 seconds West, 45.00 feet to the South line of said Government Lot 4 and said line there terminating. Parcel Identification Numbers: 25-029-21-12-0001 25-029-21-13-0001 25-0 29-21-14-0001 25-029-21-21-0001 25·029-21-31-0001 25-029-21-42-0001 25-029-21-43-0001 A-2 506298v2 SJS LA515-23 25-029-21-43-0002 25-029-21-44-0002 B-1 506298v2 SJS LA515-23 EXHIBIT B TO DEVELOPMENT CONTRACT List of Plan Documents The following documents prepared by Carlson McCain, and Pioneer Engineering, collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 1 of 37 Cover The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 2-3 of 37 Index The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 4 of 37 Sanitary Sewer & Watermain – Sheet Index The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 5-17 of 37 Sanitary Sewer & Watermain – The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 18 of 37 Storm Sewer Sheet Index The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 19-26 of 37 Storm Sewer The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 27-29 of 37 Street Construction The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 30-31 of 37 Signing, Striping & Lighting Plan The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 32-33 of 37 Trail Construction B-2 506298v2 SJS LA515-23 The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN 34-36 of 37 Details The Royal Golf Club at Lake Elmo 1st Addition Sanitary Sewer, Water Main, Storm Sewer and , Street Construction Plans, Lake Elmo MN T1-T4 Turn Lane Plans L1-L4 Landscape Plan L5 Groundcover Plan L6 Irrigation Connection Points L7 City Planting Details C-1 506298v2 SJS LA515-23 EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125 percent 1 Grading Addressed in Site Grading Agreement Security Addressed in Site Grading Agreement Security 2 Sanitary Sewer $723,897.00 $904,871.00 3 Watermain $368,489.00 $460,611.00 4 Storm Sewer (includes pond structures and outfall pipes) $429,087.00 $536,359.00 5 Streets and Sidewalks $872,122.00 $1,090,153.00 6 Trails $76,050.00 $95,063.00 7 Surface Water Facilities (ponds, infiltration basins, other BMPs) Addressed in Site Grading Agreement Security Addressed in Site Grading Agreement Security 8 Street Lighting $36,000.00 $45,000.00 9 Street and Traffic Signs $11,403.00 $14,253.00 10 Private Utilities (electricity, natural gas, telephone, and cable) $0.00 $0.00 11 Landscaping Improvements $249,083.00 $311,354.00 12 Tree Preservation and Restoration Addressed in Site Grading Agreement Security Addressed in Site Grading Agreement Security 13 Wetland Mitigation and Buffers Addressed in Site Grading Agreement Security Addressed in Site Grading Agreement Security 14 Monuments $7,300.00 $9,125.00 15 Erosion and Sedimentation Control $71,880.00 $89,850.00 C-2 506298v2 SJS LA515-23 16 Miscellaneous Facilities $0.00 $0.00 17 Developer’s Record Drawings $11,000.00 $13,750.00 TOTALS $2,856.310.00 $3,570,389.00 506298v8 SJS LA515-23 FORM OF 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 ______________, 2017, 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, 20___. 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 STAFF REPORT DATE: REGULAR ITEM #: 23 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Northport Developers Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney BACKGROUND: The City Council will consider adopting Resolution No. 2017-094 approving the Northport Final Plat tonight. An executed Developers Agreement is a condition of final plat approval and is required prior to recording the final plat with Washington County. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2017-094 approving the Developer Agreement for Northport. REVIEW/ANALYSIS: A condition of approval of the Northport Final Plat is that the developer enter into a Developer’s Agreement prior to the execution of the plat by City officials. The key aspects of the agreement include the following components: • The developer will convey Outlots A, B, D, E, F and H to the City. • That all public improvements to be completed by October 31, 2018,with the exception of the final wear course of asphalt on streets. • That the developer provide a letter of credit in the amount of $3,099,933.00 related to the cost of the proposed improvements. • The developer has entered in to a grading agreement with the City in order to expedite grading activity due to the limited time in which grading can still be done this year which will cover costs of grading and tree preservation. • That the developer provide a cash deposit of $376,470.00 for SAC and WAC charges, engineering administration, AUAR fee, one year of street light operating costs, storm sewer outfall and plunge pool costs, and other City fees. The Developer shall pay the City a cash contribution of $100,000.00 which is the estimated City costs for this project prior to the plat being recorded. If the actual City costs exceed City Council – Staff Report Regular Item #23 Meeting date: 9/19/2017 Page 2 this estimated amount, the Developer shall be responsible for those additional costs and shall pay those costs within 30 days of being invoiced for such amounts by the City. • The Village Parkway shall be constructed complying with the Village Parkway Typical Section and Village Parkway Collector Design Guidelines as modified by Council on June 6, 2017. • The developer has asked that the language in Paragraph 6: Changes in Official Controls be changed from our standard form template to state that for a period of five (rather than the standard two) years from the date of the agreement that no amendments to the City’s Comprehensive Plan or official controls shall apply to the affected 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. Staff feels this is a reasonable request and recommends this be a change made in our standard Development Agreement template going forward. The construction plans approval for the project are expected, but had not been given prior to the preparation of this report. If approved, the final page of the Development Agreement will be updated to include the final construction plan dates. The Development Agreement will not be executed until the final construction plans are approved, all fees and securities, and insurance certificates are received among other requirements. Only after recording of the final plat and the completion of a pre-construction meeting with the City can the construction commence. FISCAL IMPACT: Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges, AUAR fee, and property taxes for the 20 lot residential subdivision. Additionally, the City will receive a total of approximately 11.818 acres (Outlot C: 5.687 acres – 0.317 acres of gas easement = 5.37 acres + Outlot D: 6.82 acres - .372 acres of wetlands = 6.448) of parkland with the dedication of Outlots D and C. OPTIONS: The City Council is being asked to consider the approval of the Developer’s Agreement and has the following options: 1) Adopt Resolution 2017-094 approving the Developer Agreement for Northport; or 2) Direct Staff to amend the draft Developer Agreement to bring back to the 10/3/2017 City Council meeting. RECOMMENDATION: City Council – Staff Report Regular Item #23 Meeting date: 9/19/2017 Page 2 Staff recommends the City Council adopt Resolution 2017-094 approving the Developer’s Agreement for Northport Development with the following motion: “Move to adopt Resolution 2017-094 approving the developer’s agreement Northport.” ATTACHMENTS: • Resolution 2017-094 • Northport Developer’s Agreement CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-097 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR NORTHPORT FINAL PLAT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Pulte Homes of MN, LLC of 7500 Flying Cloud Drive, Suite 670, Eden Prairie, MN 55344 (“Applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Northport f/k/a Village Park Preserve; and WHEREAS, on June 30, 2014, the Lake Elmo Planning Commission reviewed a General Sketch Plan of Northport f/k/a Village Park Preserve; and WHEREAS, on July 15, 2014, the Lake Elmo City Council approved a Comprehensive Plan Amendment to re-guide PID# 13.029.21.44.0002 from Rural Area Development to Urban Low Density Residential; and WHEREAS, on September 16, 2014, the Lake Elmo City Council adopted Resolution 2014-74 approving the Preliminary Plat for a 104-unit single family subdivision, subject to 13 conditions; and WHEREAS, on September 5, 2017, the Lake Elmo City Council adopted Resolution 2017-089 on September 5, 2017 approving the Final Plat for Northport f/k/a Village Park Preserve; and WHEREAS, a condition of approval of said Resolution 2017-089 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 September 5, 2017 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer’s Agreement for Northport f/k/a Village Park Preserve and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 19th day of September, 2017 by the City Council of the City of Lake Elmo, Minnesota. ________________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk 1 507436v1 SJS LA515-39 (reserved for recording information) DEVELOPMENT AGREEMENT (Public sewer and water) NORTHPORT THIS DEVELOPMENT AGREEMENT is dated ______________, 2017, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and Pulte Homes of Minnesota LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Northport (referred to in this Agreement as the “Subdivision”). The property being platted is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A (the “Property”). 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on condition that the Developer enter into this Agreement, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 120 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer 2 507436v1 SJS LA515-39 may not grade or otherwise disturb the earth, remove trees or construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: a) the final plat has been recorded with Washington County; b) the Developer has prepared warranty deeds conveying fee title to Outlots A, C, D, E, and F, and H to the City and provided the executed deeds to the City for recording with Washington County; c) the Developer has executed and recorded with Washington County all drainage and utility easements required for the Subdivision by the City Engineer and Public Works Director in the City’s standard form or dedicated the easements to the City in the final plat; d) the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City’s standard form; e) this Agreement has been executed by the Developer and the City; f) the required Security (as hereinafter defined) have been received by the City from or on behalf of the Developer; g) final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; h) the Developer has paid the City for all legal, engineering, and administrative expenses incurred by the City regarding the City approvals and has given the City the additional City Engineering Administration required by this Agreement; i) the Developer has paid any outstanding assessments and taxes for the Property and the property being deeded to the City; j) the Developer has fulfilled any park dedication requirements as specified under this 3 507436v1 SJS LA515-39 Agreement; k) the Developer has received all necessary permits from the Minnesota Pollution Control Agency (the “MPCA”), the Minnesota Department of Health (the “MDH”), the Department of Natural Resources (the “DNR”), applicable watershed districts, Washington County, and any other government entity or agency having jurisdiction over the Subdivision; l) the Developer has provided the City with a certificate of insurance required by this Agreement; m) the Developer or the Developer’s engineer and the Developer’s contractor(s) have initiated and attended a preconstruction meeting with the City Engineer, and City staff; n) the Developer has provided the homeowners’ association declaration, covenants, and restrictions, and other associated documents and they have been reviewed and approved by the City Attorney; o) the Developer has provided a title insurance policy insuring all property deeded to the City and all easements dedicated to the City in the final plat; and p) the City has issued a written notice that all above conditions have been satisfied 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 of the development if the Developer is not in compliance with any term of this Agreement and the non-compliance has not been remedied. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Park dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the 4 507436v1 SJS LA515-39 plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement, 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 Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any changes to the City's Comprehensive Plan, official controls, platting, or dedication requirements enacted after the date of this Agreement. 7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in accordance with the City approvals, including the terms and conditions of approval of the final plat as detailed in City Council Resolution No. 2017-089, and to construct all improvements in accordance with the approved construction plans and specifications (collectively, the “Plans”) prepared by a professional engineer registered in the State of Minnesota at its sole expense. All terms and conditions of the City approvals are hereby incorporated by reference into this Agreement. The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. 8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the “Subdivision Improvements”): 5 507436v1 SJS LA515-39 A. Grading and erosion control; B. Sanitary sewer; C. Water system improvements; D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs, etc.); E. Streets and sidewalks; F. Trails; G. Underground private utilities; H. Landscaping; I. Street lighting and signage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); K. Tree preservation and reforestation; L. Wetland mitigation and buffers; and M. Monuments if required by Minnesota Statutes. All improvements shall be installed in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. 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 Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation 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 or a soil engineer inspect the Developer’s work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit to the City an amount to be escrowed by the City for City administration and construction 6 507436v1 SJS LA515-39 observation costs in an amount provided under paragraph 35 of this Agreement - Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all administration and construction observation costs incurred by the City during the construction of the Subdivision Improvements by the City’s engineering, public works, planning, and landscape architecture staff and consultants. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until the escrow has been replenished in its full amount. City administration and oversight will include monitoring of construction progress and construction observation, consultation with the Developer and the Developer’s professionals 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 the Security. 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 by the City on an hourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer-required management of the construction of the Subdivision Improvements. The Developer must require the Developer’s contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer-installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City 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, 7 507436v1 SJS LA515-39 and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25 percent ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified in Paragraph 8 above. 11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision Improvements by October 31, 2018, 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 Subdivision Improvements by the City 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. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads, and alleys until the Subdivision Improvements are accepted by the City in writing. Warning signs shall be placed by the Developer 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 by the Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the street from the Developer’s operations. The Developer shall contract for street cleaning for streets within and immediately 8 507436v1 SJS LA515-39 adjacent to the Subdivision. At a minimum, scraping and sweeping shall take place on a weekly basis. Prior to the City’s acceptance of the streets, the City may agree, at the City’s sole discretion, to keep the streets open during winter months by plowing snow. The City will consider snow plowing streets on a case-by-case basis and under the following conditions: 1) the Developer must request in writing the streets in question to be plowed by the City, with such request received prior to October 1st of each winter season that plowing is requested; 2) the streets must have residents using the road to access homes along the street of the City; 3) for streets that do not have the bituminous wear course placed, the Developer must install paved wedges along all curb lines and catch basins; 4) gate valves and manholes must be level with the pavement surface; 5) street curves, center medians, and other protrusions in the right-of-ways must be delineated with “High-vis” fiberglass stakes; 6) a site review must be scheduled and conducted with the Public Works Department and attended by the Developer, to accept the streets prior to the commitment of plowing by the City; and 7) the City shall not be responsible for any damage caused by snow plowing operations to the streets, curb and gutter, manholes, catch basins, or other infrastructure. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property and this Agreement. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the Subdivision via 30th Street North as identified on the approved construction plans. No construction traffic is permitted on other adjacent local streets including loading and unloading of equipment. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress 9 507436v1 SJS LA515-39 and compliance points to be measured and evaluated. The Developer and the Developer’s representatives are required to supervise and coordinate all construction activities for all Subdivision 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. EROSION CONTROL. All construction regarding the Subdivision Improvements shall be completed in a manner designed to control erosion and in compliance with the City Code, the City’s Engineering Design and Construction Standards Manual, all watershed district permits, the MPCA’s best management practices, and other requirements including the City’s permit with the MPCA for the municipal separate storm sewer system program. Prior to initiating any work on the site, an erosion control plan must be implemented by the Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may impose additional erosion control requirements at any stage in development as deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer promptly after the work in the area is complete unless construction of the next stage of the improvements will begin in that area within seven days. 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 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 by the City unless the Subdivision is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public Subdivision Improvements, the Developer assumes all responsibility for erosion control compliance throughout the 10 507436v1 SJS LA515-39 Subdivision 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 Engineer. 17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 30 days after completion of the grading, the Developer shall provide the City with an “as built” grading plan and a certification by a registered land surveyor or engineer as required in the City’s Engineering Design and Construction Standards Manual. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermains, and streets, including turn lane and intersection improvements, shall be installed in accordance with the approved Plans, the City approvals, the City Code, and the City’s Engineering Design and Construction Standards Manual. Curb and gutter, 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 the Developer’s 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 by the Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous wear course, the Developer shall repair or replace all broken or failing curbs and sidewalks and damaged or settled streets as determined by the City from a pre- wear course walk through inspection. 11 507436v1 SJS LA515-39 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two years. The two year warranty period shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection 30 days prior to the end of the two year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event any landscaping installed by the Developer is deemed to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over-seeding necessary to establish final lawns and yards as identified in the approved Plans for outlots, public rights-of-way, and any disturbed areas outside the Subdivision boundaries according to a landscape maintenance plan approved by the City. The Developer agrees to achieve “substantial performance” on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this agreement “substantial performance” shall be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf areas with an average blade height of three inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil.” For areas seeded with a native grass or flower mix “substantial performance” shall be defined as “square foot native grass or flower areas with an average height 12 507436v1 SJS LA515-39 of eight inches free of eroded, bare, or dead spots and no visible surface soil.” 20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees to install street signs, traffic and parking signs, and pavement markings within the Subdivision all in accordance with the approved Plans and the City Engineering Design Standards Manual. Street and traffic sign details shall be submitted by the Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in accordance with the approved plans and right-of-way permits. 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and 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 Agreement. 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 that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer shall deed Outlot C to the City, in satisfaction of the City's park dedication requirements for the entire development. Outlot C is a gross 5.687 acres, with a 0.317 gas easement, resulting in a net 5.369 acres. The Northport Preliminary Plat includes 53.694 acres, and therefore the Developer has met the park dedication requirements and shall not be responsible for any additional park fees or improvements. Outlot D shall also be 13 507436v1 SJS LA515-39 deeded by the Developer to the City. The City agrees to accept Outlot D as credit toward park dedication for the property described as the Gonyea West Development that is not part of this Subdivision. The City agrees that it will enter into a Memorandum of Understanding with the developer of the Gonyea West Development stating that the City will accept Outlot D as credit towards park dedication for that development. 23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of the Village Area Alternative Urban Areawide Review (“AUAR”) fee as adopted by the City Council with respect to the environmental review completed by the City. The Village Area AUAR fee in the amount of $230.00 per REC shall be paid by the Developer prior to the City signing the final plat. The total amount to be paid by the Developer is $8,280.00 24. 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 Subdivision 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 REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is: $108,000.00. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is: $108,000.00. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water connection charge in the amount of $1,000.00 per REC will be payable by the Developer and collected by the City at the time a building permit is issued for each lot. 25. STREET LIGHTS. The Developer is responsible for the cost of street light installation 14 507436v1 SJS LA515-39 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 $72,000.00 and consist of seven decorative lights at $6,000.00 each, and three mast arm lights at $10,000.00 each. The Developer shall also pay the City $1290.00 ($129.00/light) to reimburse the City for the first year operating costs for the street lights. 26. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans 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 to perform the work if the Developer fails to take corrective measures after being provided reasonable notice by the City. 27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permit shall be issued for any lot within the Subdivision, or within a completed phase of the Subdivision in a City preapproved phasing plan, until such time that sanitary sewer, water, storm sewer, curbing, and one lift of asphalt has been installed and tested for all public streets; sidewalks have been installed; street and traffic control signs are installed; property monuments have been installed, if required, and grading as-built plans have been submitted and approved by the City. A “preapproved phasing plan” is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the preconstruction meeting for the Subdivision. Once the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. B. Issuance of a single building permit for a “model home” may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements 15 507436v1 SJS LA515-39 described in paragraph 27 (A) above, if there is safe public access to the lot that is sufficient to allow construction to proceed and there is a grading as-built plan approved by the City for the lot and all downstream storm water drainage facilities. However, the City will not issue a certificate of occupancy for any “model home” until all conditions identified in paragraph 27 (A) above have been completed. The Developer shall use the model home only for real estate sales purposes and no other purposes. C. 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 Planning Department. D. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspection or actions and the halting of all work in the Subdivision. E. If building permits are issued prior to the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, the Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any 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. 28. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Agreement has been performed and the amounts due to them have 16 507436v1 SJS LA515-39 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 Security 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 funds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 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 Subdivision, including but not limited to legal, planning, engineering, and inspection expenses incurred in connection with the City’s approval and acceptance of the plat and the Subdivision, the preparation of this Agreement, the City’s review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. All amounts incurred and due to the City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording. C. The Developer shall hold the City and its officials, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the City’s approval of the plat and the development of the Subdivision. The Developer shall indemnify the City and its officials, 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 Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any 17 507436v1 SJS LA515-39 penalty is attached, all special assessments referred to in this Agreement. 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 Property, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within 30 days after receipt. Bills not paid within 30 days shall be assessed a late fee per the City adopted fee schedule. Upon request, the City will provide copies of detailed invoices of the work performed by the City and its consultants. 29. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. The Developer shall implement all of the recommendations listed in the August 10, 2017 Engineering memorandum. B. Upon the recording of the final plat, the Developer shall convey Outlots A, C, D, E, F, and H to the City by warranty deed, free and clear of any and all encumbrances, unless otherwise agreed to by the City. C. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. D. The Developer shall enter into a Landscape License Agreement with the City that clarifies the individuals or entities responsible for maintenance of any landscaping installed in areas outside of land deeded to the City for a public park or open space or dedicated to the City on the final plat. E. The Developer shall pay the City for the City’s costs for the future storm sewer outfall pipe infrastructure and plunge pool relocation, including right-of-way acquisition, that will be required in conjunction with the CSAH 15 (Manning Avenue) four-lane improvement project. The Developer shall pay the City a cash contribution of 18 507436v1 SJS LA515-39 $100,000.00 which is the estimated City costs for this project prior to the plat being recorded. If the actual City costs exceed this estimated amount, the Developer shall be responsible for those additional costs and shall pay those costs within 30 days of being invoiced for such amounts by the City. 30. MISCELLANEOUS. A. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a professional 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. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. The homeowners’ association declaration, covenants, and restrictions and other homeowners’ association documents shall be submitted to the City prior to recording of the final plat for review and approval by the City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six months after the City has accepted the public Subdivision 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 19 507436v1 SJS LA515-39 them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate of insurance evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days’ advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Agreement. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. 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 Agreement shall not be a waiver or release. H. This Agreement shall run with the land and may be recorded against the title to the Property at the Developer’s expense. The Developer covenants to the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; 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 20 507436v1 SJS LA515-39 addition to every other right, power, or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply 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 Subdivision is not in compliance, the City may, at its option, refuse to allow construction or development work in the Subdivision until it is brought into compliance. 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 the Developer to commence and complete construction of the public Subdivision 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 21 507436v1 SJS LA515-39 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 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 the Developer, or immediately draw on the Security, as set forth in this Agreement. 33. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision for such purposes. If the City does such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements, and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. 22 507436v1 SJS LA515-39 The Developer also acknowledges that its failure to perform any or all of the Developer’s 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. During the warranty period, the Developer warrants that all Subdivision Improvements will be free from defects and that they will continue to meet all technical specifications and standards. During the warranty period, the Developer agrees to repair or replace any Subdivision Improvement, or any portion or element thereof, which shows signs of failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective Subdivision Improvement during the warranty period, the City may repair or replace the defective portion and may use the Security to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers if the Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. A. The required warranty period for all work relating to the public sewer and water shall be two 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 23 507436v1 SJS LA515-39 concrete curb and gutter, sidewalks and trails, materials and equipment shall be one year from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two years from the date of final written City acceptance of the 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 Subdivision Improvements, and construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a combination of a cash escrow and letter of credit (the “Security") in the amount of $3,099,933.00. The bank originating the letter of credit shall be determined by the City to be solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. This breakdown is for historical reference; it is not a restriction on the use of the Security. The City may draw down the Security, without notice, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required public Subdivision Improvements are not completed at least 30 days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used by the City to cure the default. 36. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt 24 507436v1 SJS LA515-39 of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the Security in the following instances: A. Upon completion of grading operations, including temporary site restoration. The Developer must 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 by the City, 100 percent, or $0, of the Security associated with grading may be released. This Security reduction does not include amounts related to erosion and sedimentation control. B. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of $1,053,127.00 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. 2. Construction Categories 4 and 5: The amount of $1,534,268.00 may be released when all streets, sidewalks, 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. 3. Construction Categories 6-10 and 14-17: The amount of $214,345.00 may be 25 507436v1 SJS LA515-39 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) trails; (4) bio retention facilities; (5) iron monuments for lot corners have been installed, if required; (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 City; and (5) the public Subdivision Improvements are accepted by the City Engineer and the City Council. 4. Construction Categories 11, 12 and 13: The amount of $180,023.00 may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City Landscape Architect including all corrective work for any identified punch list items. C. Twenty-five percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. D. Twenty-five percent of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items being completed by the Developer; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. E. In addition to the above project milestone based Security reductions, the Developer may submit a written request and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved Plans and the 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 26 507436v1 SJS LA515-39 for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial Security amount. F. It is the intent of the parties that the City at all times have available to it Security 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 Security shall be evaluated by the City in light of that principle. 37. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be paid to the City prior to recording the final plat: Sewer Availability Charge (SAC): $108,000 Water Availability Charge (WAC): $108,000 Park Dedication: $0 AUAR Fee: $8,280 Special Assessments Due: $0 Street Light Operating Fee: $1290 City Base Map Upgrading ($25.00 per REU): $900 City Engineering Administration Escrow: $50,000 Storm Sewer Outfall and Plunge Pool Costs: $100,000 TOTAL CASH REQUIREMENTS: $376,470 38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 7500 Flying Cloud Drive, Suite 670, Eden Prairie, MN 55344. 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. 39. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership 27 507436v1 SJS LA515-39 of the property being platted by way of a title insurance commitment dated not earlier than 30 days prior to the execution of the plat. 40. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, ordinances, regulations, and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of the Minnesota. 41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 43. COUNTERPARTS. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 28 507436v1 SJS LA515-39 CITY OF LAKE ELMO By: ____________ __________________ Mike Pearson Its: Mayor By: __________________ _____________ Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2017, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, 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 29 507436v1 SJS LA515-39 DEVELOPER By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___, day of _________________, 2017, by _______________________, the _______________________of Pulte Homes of Minnesota LLC, a Minnesota limited liability company on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 30 507436v1 SJS LA515-39 FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Agreement, 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 , 2017. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2017. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 31 507436v1 SJS LA515-39 MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT , which holds a mortgage on the Property, the development of which is governed by the foregoing Development Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2017. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2017, by _______________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 32 507436v1 SJS LA515-39 CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT , which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, 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 Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 2017. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of _______________, 2017, by ________________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 A-1 507436v1 SJS LA515-39 EXHIBIT A TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as NORTHPORT B-1 507436v1 SJS LA515-39 EXHIBIT B TO DEVELOPMENT CONTRACT List of Plan Documents The following documents prepared by Sathre-Bergquist, and Norby & Associates, collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE 1 of 29 Title Sheet 2 through 7 of 29 Final Street/Signage/Lighting/Striping Plan 8 through 12 of 29 Final Sewer and Watermain Plan 13 through 18 of 29 Final Storm Sewer Plan 19 through 22 of 29 Final Grading Plan 23 through 25 of 29 Final Erosion Control Plan 26 through 29 of 29 City Details LP1 through LP6 Phase 1 Landscape Plan 507436v1 SJS LA515-39 EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125% 1 Grading Security Provided in Site Grading Agreement 2 Sanitary Sewer $480,346 $600,433 3 Watermain $362,155 $452,694 4 Storm Sewer (includes pond structuresand outfall pipes) $591,406 $439,258 5 Streets and Sidewalks $636,008 $795,010 6 Trails $34,876 $43,595 7 Surface Water Facilities (ponds,infiltration basins, other BMPs) $50,000 $62,500 8 Street Lighting $72,000 $90,000 9 Street and Traffic Signs $2,600 $3,250 10 Private Utilities (electricity, natural gas, telephone, and cable) $0 $0 11 Landscaping Improvements $192,025 $240,031 12 Tree Preservation and Restoration Security Provided in Site Grading Agreement 13 Wetland Mitigation and Buffers N/A N/A 14 Monuments $4,860 $6,075 15 Erosion and Sedimentation Control $23,670 $29,588 16 Miscellaneous Facilities 17 Developer’s Record Drawings $30,000 $37,500 TOTALS $2,479,946 $3,099,933 507436v1 SJS LA515-39 FORM OF 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 ______________, 2017, 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, 2017. 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 STAFF REPORT DATE: 9/19/17 CONSENT ITEM #: MOTION TO: City Council SUBMITTED BY: Emily Becker, Planning Director AGENDA ITEM: Hidden Meadows 2nd Addition Final Plat Extension Request Denial REVIEWED BY: Joan Ziertman, Planning Program Assistant BACKGROUND: At its last meeting, the City Council voted to deny approval an extension request by from Mark Guenther of RM Investments, LLC & Mpls Re, LLC of 13925 Fenway Blvd N, Hugo, MN 55038 to extend the final plat deadline for Hidden Meadows 2nd Addition from November 2, 2017 to April 30, 2018. ISSUE BEFORE COUNCIL: The Council is being asked to consider a request to approve a Final Plat extension request by RM Investments LLC & Mpls Re, LLC for Hidden Meadows 2nd Addition from November 2, 2017 to April 30, 2018. PROPOSAL DETAILS/ANALYSIS: Reason for Request. As previously stated at the last Council meeting, the applicant requested that an extension be granted due to the many conditions upon which Final Plat was approved. The developer does not see it feasible to meet all of these conditions in the time provided. Reason for Denial. The Council cited the reason for denial of the extension request was that the Preliminary Plat had been approved in 2006 (approximately 11 years ago), and many standards have since changed, creating a number of deviations from current code and standards. Additionally, the plat has already received a number of extensions, as shown in the history below: • Hidden Meadows 1st Addition final plat approval on 5/16/2006 by Resolution 2006-048; • A 1-year final plat extension was approved on 01/02/2007 by Council motion; • A 5-year final plat extension was approved on 12/11/2007 by Resolution 2007-97; • A 6-month final plat extension was approved on January 15, 2013 by Council motion; • A 2-year final plat extension was approved on 01/19/2016 by Council motion. • Approval by Council for Final Plat on 07/05/2017 by Resolution 2017-073. Result of Not Granting Extension Request. If the developer is unable to meet the conditions to which Final Plat approval was granted and record the plat by November 2, 2017, the applicant or property owner will have to begin the planning process again, submitting new preliminary and final plat applications to bring forth a new development plan meeting current ordinances and standards. OPTIONS: The Council has the following options: 1. Adopt Resolution 2017-094 denying Hidden Meadows 2nd Addition Final Plat extension request. 2. Do not adopt Resolution 2017-094 denying Hidden Meadows 2nd Addition Final Plat extension request and direct Staff to bring back a Resolution approving the extension request to a later meeting. RECOMMENDATION: Staff recommends the Council adopt Resolution 2017-094 denying the request for Hidden Meadows 2nd Addition Final Plat extension. “Move to adopt Resolution 2017-094 denying a Final Plat extension request for Hidden Meadows 2nd Addition to April 30, 2018.” ATTACHMENTS: 1. Resolution 2017-094 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-094 A RESOLUTION DENYING AN EXTENSION FOR HIDDEN MEADOWS 2ND ADDITION FINAL PLAT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, RM Investments, LLC & Mpls Re, LLC of 13925 Fenway Boulevard N, Hugo, MN, 4125 Napier Ct NE, St. Michael, MN 55376 (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates 2nd Addition, a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, on September 20, 2005, the Lake Elmo City Council approved resolution 2005-102 which approved the amended OP Concept Plan of Deer Glen; and WHEREAS, on September 20, 2005, the Lake Emo City Council approved an amendment to the conditional use permit for Rockpoint Church, Resolution 2005-029, to reflect the amended OP Concept Plan dated September 6, 2005; and WHEREAS, on September 20, 2005, the Lake Elmo City Council approved an amendment to the preliminary plat formerly approved by Council Resolution 2005-030 to reflect the amended OP Concept plan dated September 6, 2005; and WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for Hidden Meadows 1st Addition, previously referred to as Deer Glen; and WHEREAS, the developers agreement for Hidden Meadows 1st Addition required future platting of the residential portion of the approved plan; and WHEREAS, on January 2, 2007 the Lake Elmo City Council approved a one year extension to the deadline for the final plat submittal for the residential portion of the approved plan, thereby extending the final plat deadline to January 2, 2008; and WHEREAS, on December 11, 2007, the Lake Elmo City Council approved Resolution 2007-97 granting a five year extension to the final plat submittal deadline to January 2, 2013; and WHEREAS, on January 15, 2013, the Lake Elmo City Council approved a six month extension to the final plat submittal deadline to August 2, 2013 with the understanding that future extension will be considered after the dedication of a utility easement across the Church’s property consistent with the location of a planned 16” water line; and WHEREAS, on August 3, 2013, the Hidden Meadows 2nd Addition Plat became void for failure to extend the plat in a timely manner; and WHEREAS, on November 24, 2015, Rockpoint Church applied for a three year extension to the final plat submittal to allow a perspective buyer time to close on the purchase of the development property or to find an alternate buyer if the property does not sell; and WHEREAS, on January 12, 2016, Rockpoint Church executed for recording a utility easement across its property consistent with the location of a planned 16” water line as requested by the City Council; and WHEREAS, on May 17, 2017, RM Investments, LLC and Mpls RE, LLC,139 Fenway Boulevard, N, Hugo, MN (applicant) submitted an application for final plat of Hidden Meadows 2nd Addition; and WHEREAS, on June 12, 2017, the Lake Elmo Planning Commission reviewed the final plat application and made a recommendation for approval with conditions; and WHEREAS, on July 5, 2017, the Lake Elmo City Council approved a Final Plat for Hidden Meadows 2nd Addition, subject to a number of conditions; and WHEREAS, the Hidden Meadows 2nd Addition plat must be recorded within 120 days of Final Plat approval (November 2, 2017); and WHEREAS, on August 7, 2017, RM Investments, LLC and Mpls RE, LLC applied for a Final Plat extension from November 2, 2017 to April 30, 2018 for Hidden Meadows 2nd Addition in order to allow sufficient time to meet the conditions of Final Plat approval; and WHEREAS, the Lake Elmo City Council considered and denied the extension request at its September 5, 2017 meeting due to the almost 11 years that have passed since the Hidden Meadows Preliminary Plat approval and the number of extensions already granted for the Hidden Meadows 2nd Addition Final Plat. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby deny the request for a Final Plat extension for Hidden Meadows 2nd Addition from November 2, 2017 to April 30, 2018. This resolution was adopted by the City Council of the City of Lake Elmo on this 19th day of September, 2017. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: September 19, 2017 REGULAR AGENDA ITEM: 2017 Street Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Brian Swanson, Finance Director Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council call a final assessment hearing for the 2017 Street Improvements project to be held on October 17, 2017? BACKGROUND: The 2017 Street Improvements project is currently in construction with a substantial completion date of September 22, 2017. Work remaining includes restoration (seeding and sodding of boulevards) and placement of the final lift of pavement. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties and Call the Hearing on the Proposed Assessment for these improvements. The Assessment Hearing is proposed for October 17, 2017. The Final Assessment Roll must be certified to the County Auditor by November 30, 2017. The estimated total project cost, at completion, is $1,318,000; down from the feasibility report cost of $1,400,000. The final assessments have been calculated based on the estimated final project costs. The table below summarizes the preliminary unit assessment from the feasibility report and the proposed final unit assessment based on estimated final project costs. In accordance with the City assessment policy there are two properties along the project that are being assessed 50% of the unit assessment because they have a driveway access to two different streets and will be assessed for improvements to each street project. Two other properties are proposed to be assessed 2 unit assessments because the properties could be subdivided under their current zoning and land use designations. The attached final assessment roll details the proposed assessment for each parcel. Table 1: Assessment Comparison Feasibility Report Proposed Final Assessment 2017 Streets Improvements – Residential Property $6,400 $5,900 Assessments for street improvements are being levied over 15 years. FISCAL IMPACT: The total project cost is $1,318,000 with $395,300 paid through special assessments and the remaining $922,700 paid through the general tax levy. RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2017-100, thereby declaring the total street improvement costs to be assessed to be $395,300; ordering the preparation of the proposed assessments and Calling for the Hearing on the proposed Assessments for October 17, 2017 at or around 7:00 pm. The recommended motion for the action is as follows: “Move to approve Resolution No. 2017-100; A Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the 2017 Street Improvements.” ATTACHMENTS: 1. Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-100 A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENTS, AND CALLING HEARING ON PROPOSED ASSESSMENT FOR THE 2017 STREET IMPROVEMENTS WHEREAS, estimated total project costs have been calculated for the 2017 Street Improvements; and WHEREAS, the total cost of the improvements will be $1,318,000. WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, BE IT RESOLVED, 1. The portion of the cost of such street improvements to be paid by the City is hereby declared to be $922,700 and the portion of the cost to be assessed against benefited property owners is declared to be $395,300. 2. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 3. Assessments shall be payable in equal annual installments extending over 15 years for street improvements, the first of the installments to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 4.00 percent per annum from the date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 17th day of October, 2017, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF SEPTEMBER, 2017. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT 2017 STREET 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, October 17, 2017, to consider, and possibly adopt, the proposed assessment against benefitting property for the 2017 Street Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: • Street and drainage improvements along 55th Street North from Demontreville Trail North to Jamaca Avenue North, 55th Street North from Jamaca Avenue North to 57th Street North, 57th Street North from Julep Way North to Keats Avenue North, Jamaca Avenue North from 55th Street North to Jamaca Boulevard North, Jamaca Boulevard North from 55th Street North to Jamaca Avenue North. You may at any time prior to certification of the assessment to the county auditor pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.00 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 15 years for street improvements, the first of the installments to be payable on or before the first Monday in January 2018, and will bear interest at the rate of 4.00 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed street improvement assessments is $395,300. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council may, in its discretion, defer the payment of this assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: September 19, 2017 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on September 27, 2017) CITY OF LAKE ELMO, MN. SEPTEMBER 2017 2017 STREET IMPROVEMENTS FINAL ASSESSMENT ROLL PAGE 1 NO. NAME PID AMOUNT 55TH STREET NORTH: DEMONTREVILLE TRAIL TO JAMACA AVENUE 1 KLAENHAMMER LEIGH J 8800 55TH ST N 8800 55TH ST N LAKE ELMO MN 55042 0402921110005 5,900.00$         2 HUNT LEE G & MARY C 8810 55TH ST N 8810 55TH ST N LAKE ELMO MN 55042 0402921140001 5,900.00$         3 OPHEIM JOHN E & BRENDA J 1485 GERVAIS AVE MAPLEWOOD MN 55109 0402921140003 5,900.00$         4 SPRINGBORN RICHIE W & BETH A 8970 55TH ST N 8970 55TH ST N LAKE ELMO MN 55042 0402921140002 5,900.00$         5 LAWRENCE MATTHEW T & JESSICA A 1946 COUNTY RD E E WHITE BEAR LAKE MN 55110 0302921230010 5,900.00$         6 SPRINGBORN GAYLEN W 8989 55TH ST N LAKE ELMO MN 55042 0402921140004 5,900.00$         7 SPRINGBORN GAYLEN W & WANDA E 8989 55TH ST N 8989 55TH ST N LAKE ELMO MN 55042 0402921140005 5,900.00$         55TH STREET NORTH: JAMACA AVENUE TO 57TH STREET 8 CIHON JAMES & LISA 5121 ISLE AVE LAKE ELMO MN 55042 0302921230011 5,900.00$         9 SCHABERG MARK S & SUSAN H 9055 55TH ST N 9055 55TH ST N LAKE ELMO MN 55042 0302921320019 5,900.00$         10 SMITH MICHAEL H & AIMEE C 9123 55TH ST N 9123 55TH ST N LAKE ELMO MN 55042 0302921320011 5,900.00$         11 KASTLER PETER H & MADELINE E & LINDA DORNFELD 9130 55TH ST N 9130 55TH ST N LAKE ELMO MN 55042 0302921230012 11,800.00$      12 PRESTON HOWARD D & LAURIE G MCGINNIS 9163 55TH ST N 9163 55TH ST N LAKE ELMO MN 55042 0302921320010 5,900.00$         13 SHARON N MATTREN LIVING TRS 9203 55TH ST N 9203 55TH ST N LAKE ELMO MN 55042 0302921320009 5,900.00$         14 MILLER WILLIAM T & BARBARA K 9240 55TH ST N 9240 55TH ST N LAKE ELMO MN 55042 0302921310012 5,900.00$         15 BURRESS MICHAEL J & MARY JO 9243 55TH ST N 9243 55TH ST N LAKE ELMO MN 55042 0302921320008 5,900.00$         16 FROST ARLO P & STEPHANIE L 9280 55TH ST N 9280 55TH ST N LAKE ELMO MN 55042 0302921310013 5,900.00$         17 METZLER DAVID 9303 55TH ST N 9303 55TH ST N LAKE ELMO MN 55042 0302921310009 5,900.00$         18 SUNDGAARD HANS 9333 55TH ST N 9333 55TH ST N LAKE ELMO MN 55042 0302921310010 5,900.00$         19 GONZALEZ LAWRENCE & JOY 9363 55TH ST N 9363 55TH ST N LAKE ELMO MN 55042 0302921310011 5,900.00$         20 YAGER PATRICIA & RAYMOND 9393 55TH ST N 9393 55TH ST N LAKE ELMO MN 55042 0302921310002 5,900.00$         21 STANLEY W & SANDRA K EAYRS TRS 9400 55TH ST N 9400 55TH ST N LAKE ELMO MN 55042 0302921310015 5,900.00$         22 HUGHES JOHN R & CHARLENE 9455 55TH ST N 9455 55TH ST N LAKE ELMO MN 55042 0302921240003 5,900.00$         23 AUGER THOMAS & MARY 9486 55TH ST N 9486 55TH ST N LAKE ELMO MN 55042 0302921240007 5,900.00$         24 DIAZ JIMMY 9515 55TH ST N 9515 55TH ST N LAKE ELMO MN 55042 0302921240004 5,900.00$         25 STEELE DAVID & DEBORAH 9576 55TH ST N 9576 55TH ST N LAKE ELMO MN 55042 0302921240008 5,900.00$         26 RADERS DEAN A & PRATHER H P JR 9589 55TH ST N 9589 55TH ST N LAKE ELMO MN 55042 0302921240005 5,900.00$         27 GRABOWSKI DENNIS J & SANDRA L GRABOWSKI 9652 55TH ST N 9652 55TH ST N LAKE ELMO MN 55042 0302921240009 5,900.00$         57TH STREET NORTH: JULEP WAY TO KEATS AVENUE 28 CHLEBECK STEPHEN JR & PATRICIA A BARRETT 9692 57TH ST N 9692 57TH ST N LAKE ELMO MN 55042 0302921130003 5,900.00$         29 JURAN LEONARD D & BONNIE M 9784 57TH ST N 9784 57TH ST N LAKE ELMO MN 55042 0302921140005 5,900.00$         30 WEATHERUP ROBERT J & COREY M 9844 57TH ST N 9844 57TH ST N LAKE ELMO MN 55042 0302921140004 5,900.00$         31 MARKOE BETH A  9875 57TH ST N 9875 57TH ST N LAKE ELMO MN 55042 0302921140007 5,900.00$         32 PEDERSEN JEFFREY C & SHERRY 9896 57TH ST N 9896 57TH ST N LAKE ELMO MN 55042 0302921140003 5,900.00$         33 RICHARD J EGERSDORF LIV TRS 2/9/16 9960 57TH ST N 9960 57TH ST N LAKE ELMO MN 55042 0302921140002 2,950.00$         34 LY MONGSHER M & SIA LO 9965 57TH ST N 9965 57TH ST N LAKE ELMO MN 55042 0302921140006 5,900.00$         SUBTOTAL 203,550.00$    ADDRESS MAILING ADDRESS CITY OF LAKE ELMO, MN. SEPTEMBER 2017 2017 STREET IMPROVEMENTS FINAL ASSESSMENT ROLL PAGE 2] NO. NAME PID AMOUNT JAMACA AVENUE NORTH: 55TH STREET TO JAMACA BOULEVARD 35 HALL GREGORY K E & DIANA J 5110 JAMACA AVE N 5110 JAMACA AVE N LAKE ELMO MN 55042 0402921440002 5,900.00$         36 CHOW CHRISTOPHER N Y & GLORIA T CHOW TRS 5120 JAMACA AVE N 5120 JAMACA AVE N LAKE ELMO MN 55042 0402921440007 5,900.00$         37 ALM ROGER R TRS 5187 JAMACA AVE N 5187 JAMACA AVE N LAKE ELMO MN 55042 0402921440009 5,900.00$         38 ANDERSON NEIL D & BONNIE R 5217 JAMACA AVE N 5217 JAMACA AVE N LAKE ELMO MN 55042 0402921440010 5,900.00$         39 STECKHAHN NICHOLAS F & SARA J 5247 JAMACA AVE N 5247 JAMACA AVE N LAKE ELMO MN 55042 0302921320013 5,900.00$         40 KREJCI CHARLES K & CHRISTINE D 5277 JAMACA AVE N 5277 JAMACA AVE N LAKE ELMO MN 55042 0302921320014 5,900.00$         41 LATUFF LOLA J TRS & PETER J LATUFF TRS 5307 JAMACA AVE N 5307 JAMACA AVE N LAKE ELMO MN 55042 0302921320015 5,900.00$         42 TESKE MARK F & MICHELLE A  5337 JAMACA AVE N 5337 JAMACA AVE N LAKE ELMO MN 55042 0302921320016 5,900.00$         43 DESSEL RICHARD H & GARNER MARY 5367 JAMACA AVE N 5367 JAMACA AVE N LAKE ELMO MN 55042 0302921320017 5,900.00$         44 HOFFMAN HELEN N & THOMAS R 5427 JAMACA AVE N 5427 JAMACA AVE N LAKE ELMO MN 55042 0302921320018 5,900.00$         45 LANDSEM CONAN B & STEPHANIE J 5487 JAMACA AVE N 5487 JAMACA AVE N LAKE ELMO MN 55042 0302921320020 5,900.00$         46 MUELLER MICHAEL J & SALLY E 5200 ISLE AVE N LAKE ELMO MN 55042 0402921440001 5,900.00$         47 SPRINGBORN GAYLEN W 8989 55TH ST N LAKE ELMO MN 55042 0402921410003 5,900.00$         JAMACA BOULEVARD NORTH: 55TH STREET TO JAMACA AVENUE 48 GROSS CHRISTOPHER L & KATHLEEN M B GROSS 5111 JAMACA BLVD N 5111 JAMACA BLVD N LAKE ELMO MN 55042 0302921330009 2,950.00$         49 TRAUSCHT D D & E A  5130 JAMACA BLVD N 5130 JAMACA BLVD N LAKE ELMO MN 55042 0302921330002 5,900.00$         50 REINECK MICHAEL J & STEPHANIE 5131 JAMACA BLVD N 5131 JAMACA BLVD N LAKE ELMO MN 55042 0302921330010 5,900.00$         51 REARDON JAMES M & JEANINE L 5150 JAMACA BLVD N 5150 JAMACA BLVD N LAKE ELMO MN 55042 0302921330003 5,900.00$         52 TOMPKINS SCOTT B & MARIA M 5151 JAMACA BLVD N 5151 JAMACA BLVD N LAKE ELMO MN 55042 0302921330011 5,900.00$         53 REESE JAMES F & DEBRA 5170 JAMACA BLVD N 5170 JAMACA BLVD N LAKE ELMO MN 55042 0302921330004 5,900.00$         54 OERTEL EDWARD J & ROBIN L 5171 JAMACA BLVD N 5171 JAMACA BLVD N LAKE ELMO MN 55042 0302921330012 5,900.00$         55 DUPAUL LANCE D & KRISTIN L 5190 JAMACA BLVD N 5190 JAMACA BLVD N LAKE ELMO MN 55042 0302921330005 5,900.00$         56 ABBOTT DENNIS R & JUDITH A  5193 JAMACA BLVD N 5193 JAMACA BLVD N LAKE ELMO MN 55042 0302921330013 5,900.00$         57 SATERSMOEN JAMES H & KATHLEE 5210 JAMACA BLVD N 5210 JAMACA BLVD N LAKE ELMO MN 55042 0302921330006 5,900.00$         58 ANDERSON JACQUELYN L 5211 JAMACA BLVD N 5211 JAMACA BLVD N LAKE ELMO MN 55042 0302921330014 5,900.00$         59 KERR DAVID F & MARY LOU 5230 JAMACA BLVD N 5230 JAMACA BLVD N LAKE ELMO MN 55042 0302921320003 5,900.00$         60 SCHOENROCK ROBERT C & CYNTHI 5250 JAMACA BLVD N 5250 JAMACA BLVD N LAKE ELMO MN 55042 0302921320004 5,900.00$         61 SIMPSON JOHN T & SHARON M 5270 JAMACA BLVD N 5270 JAMACA BLVD N LAKE ELMO MN 55042 0302921320005 5,900.00$         62 LE LANCHI T & MATTHEW L PHILION 5290 JAMACA BLVD N 5290 JAMACA BLVD N LAKE ELMO MN 55042 0302921320006 5,900.00$         63 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 0302921330001 11,800.00$      64 BROWN KEVIN J & TAMAREEM V 5385 JAMACA BLVD N 5385 JAMACA BLVD N LAKE ELMO MN 55042 0302921310007 5,900.00$         65 DRAXTON MICHAEL & AMANDA  5400 JAMACA BLVD N 5400 JAMACA BLVD N LAKE ELMO MN 55042 0302921320007 5,900.00$         66 FARMER KENNETH R II & MICHELLE R W 5445 JAMACA BLVD N 5445 JAMACA BLVD N LAKE ELMO MN 55042 0302921310008 5,900.00$         SUBTOTAL‐PAGE 2 191,750.00$    SUBTOTAL‐PAGE 1 203,550.00$    TOTAL 395,300.00$    MAILING ADDRESSADDRESS STAFF REPORT DATE: September 19, 2017 REGULAR AGENDA ITEM: Inwood Trunk Watermain Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council call a final assessment hearing for the Inwood Trunk Watermain Improvements project to be held on October 17, 2017? BACKGROUND: The Inwood Trunk Watermain Improvements were completed and accepted by the City on December 6, 2016. Work was completed by Northdale Construction Company, Inc. and the improvements provided access to drinking water for two properties along the corridor. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties and Call the Hearing on the Proposed Assessment for these improvements. The Assessment Hearing is proposed for October 17, 2017. The Final Assessment Roll must be certified to the County Auditor by November 30, 2017. The final assessment amount for the two benefitting properties is $5,800 and is consistent with the feasibility report. The two properties were levied a $5,800 lateral benefit assessment. In accordance with the agreement to obtain the Inwood Booster Station site, the assessment proposed for 2298 Inwood Avenue North will be waived. FISCAL IMPACT: The total project cost was $1,674,000 with $708,816.05 paid from the water enterprise fund; $935,583.95 paid from the Water System DEED grant; and $11,600 paid through special assessments. RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2017-099, thereby declaring the total water system costs to be assessed to be $11,600; ordering the preparation of the proposed assessments and Calling for the Hearing on the proposed Assessments for October 17, 2017 at or around 7:00 pm. The recommended motion for the action is as follows: “Move to approve Resolution No. 2017-099; A Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the Inwood Trunk Watermain Improvements.” ATTACHMENTS: 1. Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-099 A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENTS, AND CALLING HEARING ON PROPOSED ASSESSMENT FOR THE INWOOD TRUNK WATERMAIN IMPROVEMENTS WHEREAS, project costs are known for the Inwood Trunk Watermain Improvements; and WHEREAS, the total cost of the improvements will be $1,674,000. WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, BE IT RESOLVED, 1. The portion of the cost of such watermain improvements to be paid by the City is hereby declared to be $708,816.05, the amount reimbursed by DEED grant is $953,583.95, and the portion of the cost to be assessed against benefited property owners is declared to be $11,600. 2. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 3. Assessments shall be payable in equal annual installments extending over 20 years for water improvements, the first of the installments to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 4.00 percent per annum from the date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 17th day of October, 2017, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF SEPTEMBER, 2017. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT INWOOD AVENUE TRUNK WATERMAIN 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, October 17, 2017, to consider, and possibly adopt, the proposed assessment against benefitting property for the Inwood Trunk Watermain Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: • A $5,800 lateral benefit assessment for water system improvements to properties receiving access to city water along Inwood Avenue from 26th Street North to Eagle Point Boulevard. Properties include 2298 Inwood Avenue North and 2038 Inwood Avenue North. You may at any time prior to certification of the assessment to the county auditor pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.00 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 20 years for water improvements, the first of the installments to be payable on or before the first Monday in January 2018, and will bear interest at the rate of 4.00 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed water assessment is $11,600. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council may, in its discretion, defer the payment of this assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: September 19, 2017 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on September 27, 2017) CITY OF LAKE ELMO, MN. SEPTEMBER 2017 INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS FINAL ASSESSMENT ROLL PAGE 1 of 1 NO. NAME PID ASSESSMENT  AMOUNT 1 CAROLINE M EBERHARD TRS 2298 INWOOD AVE N 1320 RYAN AVE W ROSEVILLE, MN 55113 2102921320001 $5,800.00 2 MEEHAN FAMILY LLC 2038 INWOOD AVE N 740 MARSHALL AVE ST. PAUL, MN 55104 2102921340013 $5,800.00 TOTAL $11,600.00 ASSESSABLE PROPERTY ADDRESS MAILING ADDRESS STAFF REPORT DATE: September 19, 2017 REGULAR AGENDA ITEM: Old Village Phase 2 Street, Drainage, and Utility Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Brian Swanson, Finance Director Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council call a final assessment hearing for the Old Village Phase 2: Street, Drainage, and Utility Improvements project to be held on October 17, 2017? BACKGROUND: The Old Village Phase 2 Street, Drainage, and Utility Improvements project is substantially complete and updated costs have been provided by Washington County. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties and Call the Hearing on the Proposed Assessment for these improvements. The Assessment Hearing is proposed for October 17, 2017. The Final Assessment Roll must be certified to the County Auditor by November 30, 2017. The estimated total project cost at completion is $8,472,000, with the City share of $4,828,000 and with the County cost share contribution of $3,644,000. The final total cost of the street and landscape improvements is $5,561,000; sanitary sewer improvements are $1,269,000; regional drainage improvements are $164,000; and water system improvements are $1,478,000. The watermain replacement and regional storm sewer system are not being assessed. The final street assessments have been calculated based on the estimated final project costs. The street and landscape improvements are being assessed at 30% of the total costs for residential properties using an average residential front footage, and 100% for commercial properties based upon the actual front footage. Table 1: Street and Landscape Improvements Assessment Comparison Feasibility Report Proposed Final Assessment Lake Elmo Avenue - Residential $4,200 $4,000 Lake Elmo Avenue – Commercial $114 / Linear Foot $108 / Linear Foot 35th Street – Residential $9,200 $9,200 30th Street – Residential $9,300 $9,300 The final per REC unit sanitary sewer assessment is $11,000 with some commercial properties being assigned multiple REC units, down from $13,000 per REC unit. The Final Assessment Roll for sanitary sewer improvements have been prepared based on council direction provided at the September 6, 2016 council meeting, to assess for sanitary sewer improvements based on the total cost for the overall extension of sanitary sewer improvements needed to replace all (or substantially all) existing private wastewater systems in the Old Village area, including the Phase 1 and Phase 2 sewer improvement projects and future sewer extension projects planned for the Old Village service area. Assessments for street improvements are being levied over 15 years while the sanitary sewer improvements will be levied over a 20-year period. FISCAL IMPACT: The estimated total project cost at completion is $8,472,000, with the City share of $3,123,616, the County cost share contribution of $3,644,000, and with $1,704,384 paid through special assessments. RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2017-098, thereby declaring the costs to be assessed to be $615,384 for street improvements and $1,089,000 for sanitary sewer improvements; ordering the preparation of the proposed assessments and Calling for the Hearing on the proposed Assessments for October 17, 2017 at or around 7:00 pm. The recommended motion for the action is as follows: “Move to approve Resolution No. 2017-098; A Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the Old Village Phase 2 Street, Drainage, and Utility Improvements.” ATTACHMENTS: 1. Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Rolls. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-098 A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENTS, AND CALLING HEARING ON PROPOSED ASSESSMENT FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, estimated total project costs have been calculated for the Old Village Phase 2 Street, Drainage, and Utility Improvements; and WHEREAS, the total cost of the improvements will be $8,472,000. WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, BE IT RESOLVED, 1. The portion of the cost of such street and landscaping improvements to be paid by the City is hereby declared to be $1,080,475, and the portion of the cost to be assessed against benefited property owners is declared to be $615,384. 2. The portion of the cost of such sanitary sewer improvements to be paid by the City is hereby declared to be $180,000, and the portion of the cost to be assessed against benefited property owners is declared to be $1,089,000. 3. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 4. Assessments shall be payable in equal annual installments extending over 15 years for street improvements and 20 years for sanitary sewer improvements, the first of the installments to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 4.00 percent per annum from the date of the adoption of the assessment resolution. 5. A public hearing shall be held on the 17th day of October, 2017, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 6. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 7. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF SEPTEMBER, 2017. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT 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, October 17, 2017, to consider, and possibly adopt, the proposed assessment against benefitting property for the Old Village Phase 2: Street, Drainage, and Utility Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: • Street, landscape and streetscape improvements 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. • Sanitary sewer improvements 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. You may at any time prior to certification of the assessment to the county auditor pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.00 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 15 years for street improvements and 20 years for sanitary sewer improvements, the first of the installments to be payable on or before the first Monday in January 2018, and will bear interest at the rate of 4.00 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed street improvement assessment is $615,384. The total amount of the proposed sanitary sewer improvement assessment is $1,089,000. The City contribution for the overall improvement project is $3,123,616 and Washington County’s contribution for the overall improvement project is $3,644,000. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council may, in its discretion, defer the payment of this assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: September 19, 2017 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on September 27, 2017) CITY OF LAKE ELMO, MN. SEPTEMBER 2017 OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS LAKE ELMO AVE (500 FEET SOUTH OF 30TH STREET TO CSAH 14) FINAL STREET ASSESSMENT ROLL PAGE 1 of 2 NO. NAME PID STREET  ASSESSMENT  AMOUNT STREET FRONT  FOOTAGE 1 LEO PROP LP 11127 STILLWATER BLVD N 11127 STILLWATER BLVD N LAKE ELMO MN 55042 1302921230077 $19,008.00 176 6 KNOWLAN INVESTMENTS LLC 3546 LAKE ELMO  AVE N 3546 LAKE ELMO  AVE N LAKE ELMO MN 55042 1302921230038 $6,804.00 63 9 LAKE ELMO INN INC 3504 LAKE ELMO  AVE N PO BOX 182 LAKE ELMO MN 55042 1302921320022 $11,340.00 105 10 HERREID DAVID & WALMER DAPHNE 3476 LAKE ELMO  AVE N PO BOX 187 LAKE ELMO MN 55042 1302921320021 $4,104.00 38 11 LAKE ELMO INN INC 3466 LAKE ELMO  AVE N PO BOX 182 LAKE ELMO MN 55042 1302921320019 $7,236.00 67 12 LAKE ELMO INN INC 3442 LAKE ELMO  AVE N PO BOX 182 LAKE ELMO MN 55042 1302921320046 $10,260.00 95 13 PELTIER GENE M & ANN E  11179 STILLWATER BLVD N PO BOX 455 LAKE ELMO MN 55042 1302921230046 $11,988.00 111 16A CHRIST LUTHERAN CHURCH LAKE ELMO PO BOX 310 LAKE ELMO MN 55042 1302921230079 $8,640.00 80 16B STOUDT OFFICE BUILDING LLC 3549 LAKE ELMO AVE N 14612 60TH ST N OAK PARK HEIGHTS MN 55082 1302921230078 $13,284.00 123 17 CITY OF LAKE ELMO 3537 LAKE ELMO  AVE N 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921230054 $8,100.00 75 18 DALE AND LINDA QUAST TRS 3251 LAKE ELMO  AVE N 14664 57TH ST N STILLWATER MN 55082 1302921230058 $1,620.00 15 19 KROMSCHROEDER JERRY & SHARON 3517 LAKE ELMO  AVE N 360 RIVER RD HUDSON WI 54016 1302921230057 $1,836.00 17 20 LAKE ELMO REAL ESTATE GROUP LLC 3515 LAKE ELMO  AVE N 2001 OAK GLEN LN STILLWATER MN 55082 1302921230056 $4,644.00 43 21 RE HAGSTROM PROP LLC 3511 LAKE ELMO  AVE N 15 DELLWOOD AVE N WHITE BEAR LAKE MN 55110 1302921230059 $10,260.00 95 22 RE HAGSTROM PROP LLC 15 DELLWOOD AVE N WHITE BEAR LAKE MN 55110 1302921320025 $5,400.00 50 23 RDWAGS LLC 3479 LAKE ELMO  AVE N 14 KINNUNEN RD ESKO MN 55733 1302921320026 $9,720.00 90 24 JRSC LLC 3469 LAKE ELMO  AVE N PO BOX 818 STILLWATER MN 55082 1302921320027 $5,400.00 50 25 AGINCOURT LLC 3459 LAKE ELMO  AVE N 8602 NEAL AVE N STILLWATER MN 55082 1302921320041 $10,800.00 100 27 JOSHUA TAYLOR ENTRPRS LLC 3394 LAKE ELMO AVE N PO BOX 897 LAKE ELMO MN 55042 1302921320001 $5,940.00 55 28 JOSHUA TAYLOR ENTRPRS LLC 3390 LAKE ELMO AVE N PO BOX 897 LAKE ELMO MN 55042 1302921320005 $8,100.00 75 29 PLATINUM ENTERPRISES LLC 3417 LAKE ELMO AVE N 8319 LAKE JANE TR N LAKE ELMO MN 55042 1302921320032 $5,400.00 50 2 LOHMANN JAMES E 3610 LAKE ELMO  AVE N 3610 LAKE ELMO  AVE N LAKE ELMO MN 55042 1302921230044 $4,000.00 209 3 STROM SCOTT R & TERRI A 3582 LAKE ELMO  AVE N 3582 LAKE ELMO  AVE N LAKE ELMO MN 55042 1302921230041 $4,000.00 147 4 WICKER WILLIAM & CECELIA 11079 35TH ST N 11079 35TH ST N LAKE ELMO MN 55042 1302921230069 $9,200.00 97 5 EISELE JON 11094 35TH ST N 11094 35TH ST N LAKE ELMO MN 55042 1302921230032 $9,200.00 40 7 WILLIAM C HJELMGREN TRS 3524 LAKE ELMO  AVE N 3153 LAYTON CT N LAKE ELMO MN 55042 1302921230037 $4,000.00 59 8 LAKE ELMO INN INC 3514 LAKE ELMO  AVE N PO BOX 182 LAKE ELMO MN 55042 1302921230036 $4,000.00 52 14 WEEKS BARRY E & ELLIS KATHLE 3647 LAKE ELMO  AVE N 3647 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921230047 $4,000.00 90 15 SCHUMACHER KURT & APRIL C 3625 LAKE ELMO  AVE N 3625 LAKE ELMO  AVE N LAKE ELMO MN 55042 1302921230048 $4,000.00 110 30 LANG SUSAN C 3405 LAKE ELMO AVE N 3405 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320033 $4,000.00 75 31 FOX SCOTT JAMES & MARGIE 3380 LAKE ELMO AVE N PO BOX 121 LAKE ELMO MN 55042 1302921320004 $4,000.00 61 32 GRACZYK MICHAEL EDWARD & VICKI 3360 LAKE ELMO AVE N PO BOX 44 LAKE ELMO MN 55042 1302921320002 $4,000.00 109 33 SWAN MICHAEL D & CHLOE J 3348 LAKE ELMO AVE N 3348 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320056 $4,000.00 70 34 SCHNEIDER JOHN L & SUSAN I ROTHER 3326 LAKE ELMO AVE N 3326 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320055 $4,000.00 165 35 KUBITSCHEK RICHARD 3308 LAKE ELMO AVE N PO BOX 832 LAKE ELMO MN 55042 1302921320057 $4,000.00 50 36 ENGDAHL ANNE T & STEVEN J 3296 LAKE ELMO AVE N PO BOX 876 LAKE ELMO MN 55042 1302921320059 $4,000.00 100 37 HENSON GORDON D & JAYNE E 3276 LAKE ELMO AVE N PO BOX 248 LAKE ELMO MN 55042 1302921320091 $4,000.00 75 38 ENGSTROM BRUCE R 3258 LAKE ELMO AVE N 3258 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320084 $4,000.00 75 39 HORTTOR CAROLYN M SMITH 1959 PARK DRIVE MAPLEWOOD MN 55119 1302921330042 $4,000.00 141 40 SMITH CONSTANCE K 3200 LAKE ELMO AVE N PO BOX 184 LAKE ELMO MN 55042 1302921330043 $4,000.00 138 41 KOHN THEODORE M & ELLEN E 3160 LAKE ELMO AVE N 13415 NARCISSUS ST ANDOVER MN 55304 1302921330020 $4,000.00 202 42 DORSCHNER DALE F & LISA M 3150 LAKE ELMO AVE N 3150 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330018 $4,000.00 43 BANISTER FREDERICK J & CAROL 3100 LAKE ELMO RD N PO BOX 215 LAKE ELMO MN 55042 1302921330019 $4,000.00 253 44 JOHNSON GEORGE E & SUSAN W 3070 LAKE ELMO AVE N 3070 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330001 $4,000.00 45 ZDECHLIK MARK T 3078 LAKE ELMO AVE N 3078 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330004 $4,000.00 113 46 WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS 3060 LAKE ELMO AVE N 3060 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330002 $4,000.00 123 47 LEONARD JAMES & AMANDA SUE FLOERKE 3012 LAKE ELMO AVE N 3012 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330003 $4,000.00 144 ADDRESS MAILING ADDRESS *Properties in Red represent Commercial properties. **Properties in Black represent Residential properties. CITY OF LAKE ELMO, MN. SEPTEMBER 2017 OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS LAKE ELMO AVE (500 FEET SOUTH OF 30TH STREET TO CSAH 14) FINAL STREET ASSESSMENT ROLL PAGE 2 of 2 NO. NAME PID STREET  ASSESSMENT  AMOUNT STREET FRONT  FOOTAGEADDRESS MAILING ADDRESS 48 GUNDERSON MARLON O & JULIE BUNN 2986 LAKE ELMO AVE N 2986 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220009 $4,000.00 112 49 BUTENHOFF BONNIE J 2976 LAKE ELMO AVE N PO BOX 95 LAKE ELMO MN 55042 2402921220014 $4,000.00 170 50 HARTMEISTER KATHLEEN T 3385 LAKE ELMO AVE N 3385 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320034 $4,000.00 90 51 ANDERSON RUSSELL W & PATRICIA J 3373 LAKE ELMO AVE N 3373 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320035 $4,000.00 80 52 NEUMANN MARTIN J & SILBY K 3351 LAKE ELMO AVE N 697 5TH AVE N BAYPORT MN 55003 1302921320036 $4,000.00 102 53 DEGREE THOMAS M 3337 LAKE ELMO AVE N 3337 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320037 $4,000.00 125 54 DAHLBLOM DUSTIN D 3303 LAKE ELMO AVE N 3303 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320038 $4,000.00 125 55 HELMS CATHERINE 3287 LAKE ELMO AVE N 3287 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320039 $4,000.00 120 56 HAWTHORNE TRENTON J & AMANDA L 3217 LAKE ELMO AVE N 3217 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330007 $4,000.00 84 57 SACHS RICHARD J JR 3203 LAKE ELMO AVE N 3203 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330006 $4,000.00 84 58 DUPIUS LUC M & ROCHELLE M MCCUNE 3151 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330009 $4,000.00 100 59 DUPIUS LUC M & ROCHELLE M MCCUNE 3131 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330011 $4,000.00 100 60 DUPIUS LUC M & ROCHELLE M MCCUNE 3109 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330041 $4,000.00 100 61 MCCUNE WESLEY S 3095 LAKE ELMO AVE N 3095 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330012 $4,000.00 170 62 SCHMIDT BRUCE C 3063 LAKE ELMO AVE N 3063 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330014 $4,000.00 80 63 WILLIAMS TODD R & MARJORIE F 3025 LAKE ELMO AVE N 3025 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330016 $4,000.00 149 64 JOHNSON STEPHEN D 2965 LAKE ELMO AVE N 2915 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220011 $4,000.00 163 65 JOHNSON ELIZABETH M 2945 LAKE ELMO AVE N PO BOX 403 LAKE ELMO MN 55042 2402921220019 $4,000.00 82 66 SWANSON MICHELLE E 2929 LAKE ELMO AVE N 2929 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220020 $4,000.00 81 67 JOHNSON STEPHEN D & CHERYL A NORDQUIST 2915 LAKE ELMO AVE N 2915 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220021 $4,000.00 81 TOTAL $364,284.00 *Properties in Red represent Commercial properties. **Properties in Black represent Residential properties. CITY OF LAKE ELMO, MN. SEPTEMBER 2017 OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS 30TH STREET FINAL STREET ASSESSMENT ROLL PAGE 1 of 1 NO. NAME PID STREET  ASSESSMENT 1 WILLIAMS TODD R & MARJORIE F 3025 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330017 $9,300.00 2 JOLLYMORE GARY M 2989 LAKE ELMO AVE N 2989 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220029 $9,300.00 3 ASHLEY ELIZABETH & BRENT VANVLEET 11205 30TH  ST N 11205 30TH  ST N LAKE ELMO MN 55042 2402921220024 $9,300.00 4 KRESSIN JEROME & VIRGINIA FREER 11217 30TH  ST N 11217 30TH  ST N LAKE ELMO MN 55042 2402921220017 $9,300.00 5 LACHLER JOHNSON SUSAN E 11227 30TH  ST N 11227 30TH  ST N LAKE ELMO MN 55042 2402921220026 $9,300.00 6 JOHNSON STEPHEN D & CHERYL A NORDQUIST 2915 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220027 $9,300.00 7 MAZZARA MICHAEL J 11259 30TH  ST N 11259 30TH  ST N LAKE ELMO MN 55042 2402921210004 $9,300.00 8 WEHKING TERRY J & ROY 11291 30TH  ST N 11291 30TH  ST N LAKE ELMO MN 55042 2402921210042 $9,300.00 9 DIETHERT JACK R & NANCY J 11307 30TH  ST N 11307 30TH  ST N LAKE ELMO MN 55042 2402921210006 $9,300.00 10 METCALF MARK G & HEATHER R 11333 30TH  ST N 11333 30TH  ST N LAKE ELMO MN 55042 2402921210031 $9,300.00 11 MARIANNE & RICHARD SCHROEDER TRS 11347 30TH  ST N 11347 30TH  ST N LAKE ELMO MN 55042 2402921210029 $9,300.00 12 DANIELSON TIMOTHY J & DIANA M 11357 30TH  ST N 11357 30TH  ST N LAKE ELMO MN 55042 2402921210008 $9,300.00 13 JAHNKE ROLAND JOSEPH 11377 30TH  ST N 11377 30TH  ST N LAKE ELMO MN 55042 2402921210033 $9,300.00 14 LECY JOHN K & HARPER DAVID E 11397 30TH  ST N 10746 MANNING TRL CT N STILLWATER MN 55082 2402921210009 $9,300.00 15 WAHLSTROM ERIC D 11415 30TH  ST N 11415 30TH  ST N LAKE ELMO MN 55042 2402921210035 $9,300.00 16 KNOWLAN KAREN U 11443 30TH  ST N 11443 30TH  ST N LAKE ELMO MN 55042 2402921210039 $9,300.00 17 PERTZ ANDREW J 11256 30TH  ST N 11256 30TH  ST N LAKE ELMO MN 55042 1302921340032 $9,300.00 18 DOCKENDORF DALE T 11280 30TH  ST N 3276 FANUM RD #100 ST PAUL MN 55110 1302921340009 $9,300.00 19 SWANSON RONALD V & BARBARA J 11316 30TH  ST N 11316 30TH  ST N LAKE ELMO MN 55042 1302921340008 $9,300.00 20 RYBERG PAUL A & CANDACE Q 11326 30TH  ST N 11326 30TH  ST N LAKE ELMO MN 55042 1302921340010 $9,300.00 21 GLANZER JARVIS & JANE 11356 30TH  ST N 11356 30TH  ST N LAKE ELMO MN 55042 1302921340007 $9,300.00 22 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921340001 $55,800.00 TOTAL $251,100.00 ADDRESS MAILING ADDRESS CITY OF LAKE ELMO, MN. SEPTEMBER 2017 OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS FINAL SANITARY SEWER ASSESSMENT ROLL PAGE 1 of 2 NO. NAME PID SANITARY  SEWER  ASSESSMENT SAC 1 LEO PROP LP 11127 STILLWATER BLVD N 11127 STILLWATER BLVD N LAKE ELMO MN 55042 1302921230077 11,000.00$           1 2 LOHMANN JAMES E 3610 LAKE ELMO  AVE N 3610 LAKE ELMO  AVE N LAKE ELMO MN 55042 1302921230044 11,000.00$           1 3 STROM SCOTT R & TERRI A 3582 LAKE ELMO  AVE N 3582 LAKE ELMO  AVE N LAKE ELMO MN 55042 1302921230041 11,000.00$           1 4 WICKER WILLIAM & CECELIA 11079 35TH ST N 11079 35TH ST N LAKE ELMO MN 55042 1302921230069 11,000.00$           1 5 EISELE JON 11094 35TH ST N 11094 35TH ST N LAKE ELMO MN 55042 1302921230032 11,000.00$           1 6 SCHILTZ GREGORY & COLLEEN 11098 34TH ST N 11098 34TH ST N LAKE ELMO MN 55042 1302921320023 11,000.00$           1 7 KNOWLAN INVESTMENTS LLC 3546 LAKE ELMO  AVE N 3546 LAKE ELMO  AVE N LAKE ELMO MN 55042 1302921230038 11,000.00$           1 8 WILLIAM C HJELMGREN TRS 3524 LAKE ELMO  AVE N 3153 LAYTON CT N LAKE ELMO MN 55042 1302921230037 11,000.00$           1 9 LAKE ELMO INN INC 3514 LAKE ELMO  AVE N PO BOX 182 LAKE ELMO MN 55042 1302921230036 11,000.00$           1 10 HERREID DAVID & WALMER DAPHNE 3476 LAKE ELMO  AVE N PO BOX 187 LAKE ELMO MN 55042 1302921320021 11,000.00$           1 11 LAKE ELMO INN INC 3442 LAKE ELMO  AVE N PO BOX 182 LAKE ELMO MN 55042 1302921320046 253,000.00$        23 12 WEEKS BARRY E & ELLIS KATHLE 3647 LAKE ELMO  AVE N 3647 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921230047 11,000.00$           1 13 SCHUMACHER KURT & APRIL C 3625 LAKE ELMO  AVE N 3625 LAKE ELMO  AVE N LAKE ELMO MN 55042 1302921230048 11,000.00$           1 14 ALBRECHT ANDREA 3603 LAKE ELMO AVE N 3603 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921230050 11,000.00$           1 15 JOSHUA TAYLOR ENTRPRS LLC 3394 LAKE ELMO AVE N PO BOX 897 LAKE ELMO MN 55042 1302921320001 44,000.00$           4 16 JOSHUA TAYLOR ENTRPRS LLC 3390 LAKE ELMO AVE N PO BOX 897 LAKE ELMO MN 55042 1302921320005 11,000.00$           1 17 PLATINUM ENTERPRISES LLC 3417 LAKE ELMO AVE N 8319 LAKE JANE TR N LAKE ELMO MN 55042 1302921320032 11,000.00$           1 18 LANG SUSAN C 3405 LAKE ELMO AVE N 3405 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320033 11,000.00$           1 19 FOX SCOTT JAMES & MARGIE 3380 LAKE ELMO AVE N PO BOX 121 LAKE ELMO MN 55042 1302921320004 11,000.00$           1 20 GRACZYK MICHAEL EDWARD & VICKI 3360 LAKE ELMO AVE N PO BOX 44 LAKE ELMO MN 55042 1302921320002 11,000.00$           1 21 SWAN MICHAEL D & CHLOE J 3348 LAKE ELMO AVE N 3348 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320056 11,000.00$           1 22 SCHNEIDER JOHN L & SUSAN I ROTHER 3326 LAKE ELMO AVE N 3326 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320055 11,000.00$           1 23 KUBITSCHEK RICHARD 3308 LAKE ELMO AVE N PO BOX 832 LAKE ELMO MN 55042 1302921320057 11,000.00$           1 24 ENGDAHL ANNE T & STEVEN J 3296 LAKE ELMO AVE N PO BOX 876 LAKE ELMO MN 55042 1302921320059 11,000.00$           1 25 HENSON GORDON D & JAYNE E 3276 LAKE ELMO AVE N PO BOX 248 LAKE ELMO MN 55042 1302921320091 11,000.00$           1 26 ENGSTROM BRUCE R 3258 LAKE ELMO AVE N 3258 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320084 11,000.00$           1 27 SMITH CONSTANCE K 3200 LAKE ELMO AVE N PO BOX 184 LAKE ELMO MN 55042 1302921330043 11,000.00$           1 28 KOHN THEODORE M & ELLEN E 3160 LAKE ELMO AVE N 13415 NARCISSUS ST ANDOVER MN 55304 1302921330020 11,000.00$           1 29 DORSCHNER DALE F & LISA M 3150 LAKE ELMO AVE N 3150 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330018 11,000.00$           1 30 BANISTER FREDERICK J & CAROL 3100 LAKE ELMO AVE N PO BOX 215 LAKE ELMO MN 55042 1302921330019 11,000.00$           1 31 JOHNSON GEORGE E & SUSAN W 3070 LAKE ELMO AVE N 3070 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330001 11,000.00$           1 32 ZDECHLIK MARK T 3078 LAKE ELMO AVE N 3078 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330004 11,000.00$           1 33 WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS 3060 LAKE ELMO AVE N 3060 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330002 11,000.00$           1 34 LEONARD JAMES & AMANDA SUE FLOERKE 3012 LAKE ELMO AVE N 3012 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330003 11,000.00$           1 35 GUNDERSON MARLON O & JULIE BUNN 2986 LAKE ELMO AVE N 2986 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220009 11,000.00$           1 36 BUTENHOFF BONNIE J 2976 LAKE ELMO AVE N PO BOX 95 LAKE ELMO MN 55042 2402921220014 11,000.00$           1 37 HARTMEISTER KATHLEEN T 3385 LAKE ELMO AVE N 3385 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320034 11,000.00$           1 38 ANDERSON RUSSELL W & PATRICIA J 3373 LAKE ELMO AVE N 3373 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320035 11,000.00$           1 39 NEUMANN MARTIN J & SILBY K 3351 LAKE ELMO AVE N 697 5TH AVE N BAYPORT MN 55003 1302921320036 11,000.00$           1 40 DEGREE THOMAS M 3337 LAKE ELMO AVE N 3337 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320037 11,000.00$           1 41 DAHLBLOM DUSTIN D 3303 LAKE ELMO AVE N 3303 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320038 11,000.00$           1 42 HELMS CATHERINE 3287 LAKE ELMO AVE N 3287 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320039 11,000.00$           1 43 HAWTHORNE TRENTON J & AMANDA L 3217 LAKE ELMO AVE N 3217 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330007 11,000.00$           1 44 SACHS RICHARD J JR 3203 LAKE ELMO AVE N 3203 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330006 11,000.00$           1 45 DUPIUS LUC M & ROCHELLE M MCCUNE 3151 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330009 11,000.00$           1 ADDRESS MAILING ADDRESS CITY OF LAKE ELMO, MN. SEPTEMBER 2017 OLD VILLAGE PHASE 2: STREET, DRAINAGE, AND UTILITY IMPROVEMENTS FINAL SANITARY SEWER ASSESSMENT ROLL PAGE 2 of 2 NO. NAME PID SANITARY  SEWER  ASSESSMENT SACADDRESS MAILING ADDRESS 46 DUPIUS LUC M & ROCHELLE M MCCUNE 3131 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330011 11,000.00$           1 47 DUPIUS LUC M & ROCHELLE M MCCUNE 3109 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330041 11,000.00$           1 48 MCCUNE WESLEY S 3095 LAKE ELMO AVE N 3095 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330012 11,000.00$           1 49 SCHMIDT BRUCE C 3063 LAKE ELMO AVE N 3063 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330014 11,000.00$           1 50 WILLIAMS TODD R & MARJORIE F 3025 LAKE ELMO AVE N 3025 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330016 11,000.00$           1 51 JOHNSON STEPHEN D 2965 LAKE ELMO AVE N 2915 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220011 11,000.00$           1 52 JOHNSON ELIZABETH M 2945 LAKE ELMO AVE N PO BOX 403 LAKE ELMO MN 55042 2402921220019 11,000.00$           1 53 SWANSON MICHELLE E 2929 LAKE ELMO AVE N 2929 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220020 11,000.00$           1 54 JOHNSON STEPHEN D & CHERYL A NORDQUIST 2915 LAKE ELMO AVE N 2915 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220021 11,000.00$           1 55 WILLIAMS TODD R & MARJORIE F 3025 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921330017 11,000.00$           1 56 JOLLYMORE GARY M 2989 LAKE ELMO AVE N 2989 LAKE ELMO AVE N LAKE ELMO MN 55042 2402921220029 11,000.00$           1 57 ASHLEY ELIZABETH & BRENT VANVLEET 11205 30TH  ST N 11205 30TH  ST N LAKE ELMO MN 55042 2402921220024 11,000.00$           1 58 KRESSIN JEROME & VIRGINIA FREER 11217 30TH  ST N 11217 30TH  ST N LAKE ELMO MN 55042 2402921220017 11,000.00$           1 59 LACHLER JOHNSON SUSAN E 11227 30TH  ST N 11227 30TH  ST N LAKE ELMO MN 55042 2402921220026 11,000.00$           1 60 MAZZARA MICHAEL J 11259 30TH  ST N 11259 30TH  ST N LAKE ELMO MN 55042 2402921210004 11,000.00$           1 61 WEHKING TERRY J & ROY 11291 30TH  ST N 11291 30TH  ST N LAKE ELMO MN 55042 2402921210042 11,000.00$           1 62 DIETHERT JACK R & NANCY J 11307 30TH  ST N 11307 30TH  ST N LAKE ELMO MN 55042 2402921210006 11,000.00$           1 63 METCALF MARK G & HEATHER R 11333 30TH  ST N 11333 30TH  ST N LAKE ELMO MN 55042 2402921210031 11,000.00$           1 64 DANIELSON TIMOTHY J & DIANA M 11357 30TH  ST N 11357 30TH  ST N LAKE ELMO MN 55042 2402921210008 11,000.00$           1 65 JAHNKE ROLAND JOSEPH 11377 30TH  ST N 11377 30TH  ST N LAKE ELMO MN 55042 2402921210033 11,000.00$           1 66 LECY JOHN K & HARPER DAVID E 11397 30TH  ST N 10746 MANNING TRL CT N STILLWATER MN 55082 2402921210009 11,000.00$           1 67 KNOWLAN KAREN U 11443 30TH  ST N 11443 30TH  ST N LAKE ELMO MN 55042 2402921210039 11,000.00$           1 68 PERTZ ANDREW J 11256 30TH  ST N 11256 30TH  ST N LAKE ELMO MN 55042 1302921340032 11,000.00$           1 69 DOCKENDORF DALE T 11280 30TH  ST N 3276 FANUM RD #100 ST PAUL MN 55110 1302921340009 11,000.00$           1 70 SWANSON RONALD V & BARBARA J 11316 30TH  ST N 11316 30TH  ST N LAKE ELMO MN 55042 1302921340008 11,000.00$           1 71 RYBERG PAUL A & CANDACE Q 11326 30TH  ST N 11326 30TH  ST N LAKE ELMO MN 55042 1302921340010 11,000.00$           1 72 GLANZER JARVIS & JANE 11356 30TH  ST N 11356 30TH  ST N LAKE ELMO MN 55042 1302921340007 11,000.00$           1 73 GARNER DONALD J & JERILYN 2988 LEGION AVE N 2988 LEGION AVE N LAKE ELMO MN 55042 2402921210037 11,000.00$           1 74 CORCORAN SUSAN D 2995 LEGION AVE N 2995 LEGION AVE N LAKE ELMO MN 55042 2402921120044 11,000.00$           1 TOTAL 1,089,000.00$     STAFF REPORT DATE: September 19, 2017 REGULAR ITEM #28 TO: City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: 2018 Preliminary Levy Certification, General Fund Budget Adoption and Setting the Date for the Public Hearing REVIEWED BY: Kristina Handt – City Administrator BACKGROUND: At the July 13th and July 27th Finance Committee meetings, discussions occurred regarding the 2018 Preliminary Budget for the General Fund and Utility Funds. Based on these meetings, staff updated the respective budgets in preparation for the joint meeting with the City Council and Finance Committee held on August 10, 2017. This meeting discussed the 2017 Adopted Budget, 2017 Projected, and 2018 Preliminary Budget, as well as a brief discussion on the 2018 Preliminary Property Tax Levy. Since the joint meeting, staff made further revisions to the proposed 2017 budget based upon updated information and reduced expenses in 2018. The updated information for 2017 and the 2018 Preliminary General Fund Budget was presented on August 22, 2017. Based on the results of the meeting, the City Council adjusted several line items, and staff adjusted additional line items, which are discussed in this report. ISSUE BEFORE THE CITY COUNCIL: What amount should the Council certify for the preliminary 2018 levy? When should the public hearing be held on the 2018 budget? DISCUSSION: Attachment #1 includes the entire General Fund Budget. The following is a brief narrative of the 2018 Preliminary General Fund Budget changes by the City Council at the August 22, 2017 workshop, and by staff since that meeting: Revenues: 1. Property taxes for the General Fund – For the 2018 Preliminary General Fund Budget, property taxes were reduced from $2,477,300 to $2,412,618, which is a decrease of $64,682, or approximately 2.6% compared to the August 22, 2017 report. The net impact of the decrease is outlined in the following “Expenditures” section. Expenditure adjustments in General Fund from August 22nd meeting and by staff: 1. Wage and Benefits in the General Fund – Based on Council direction, staff adjusted wages for staff to reflect moving up one step in the proposed plan prepared by David Drown and Associates earlier this year. An inflationary factor of 2% has also been included. In addition, the health insurance renewal for the City was a 21% increase, where staff estimated a 10% increase. As such, staff incorporated this increase into the budget, along with retaining the same percentage allocation between the City and staff. This increase affects non-union employees. The total change of these items is a budgeted net decrease of $8,408 in the General Fund. 2. Communications – The City Council reduced the number of newsletter from four to two resulted in a budgeted savings of $5,000. 3. Fire – Staff revised 2018 figures for costs related to hiring of six part-time positions to three based on the hiring occurring in 2017. As such, adjustments were made in turnout gear, SCBA masks, physicals and related items, and uniforms. At Council direction, the confined space equipment purchase was also removed. The net impact of these changes is a budgeted decrease of $27,274. 4. Public Works – The City Council eliminated Clean-up Days resulting in a budgeted savings of $17,000. 5. Parks and Recreation – Council reduced the lakes matching grant from four lakes to three, resulting in a budgeted savings of $5,000. In addition, the Environmental Committee events budget was reduced from $2,500 to $500, resulting in a budgeted savings of $2,000. Debt Outstanding Comparisons of Neighboring Cities: Based on questions from the City Council, staff compiled a table with the total outstanding debt of neighboring cities as of December 31, 2016. 2018 Preliminary Property Tax Levy, Tax Capacity and Tax Rate: Attachment #2 of the packet includes a detailed breakdown of the City’s overall Property Tax Levies for the 2017 Final Levy and 2018 Proposed Levy. In addition, it outlines the City’s Tax Capacity, Tax Levy, subsequent Tax Rates from 2013 -2017 Final and the 2018 Preliminary Property Tax Levy. Based on upon the document, here are some key points: 1) The City’s 2018 Preliminary Property Tax Levy is proposed to be $3,626,406, which is an increase of $675,980, or approximately 22.91% when compared to the 2017 Final Property Tax Levy. This net increase is attributed to the General Fund proposed request of $593,771, Debt Service increases of $339,166 and a decrease in Library Levy of $256,957. 2) The 2018 Preliminary Debt Service Levy is $1,213,788, of which $341,610 is attributed to the issuance of the 2017A Bonds. Overall, the Debt Service portion accounts for approximately 33.47% of the total levy. 3) The 2018 Preliminary Property Tax Rate is 22.60%, compared to 20.02% for the 2017 Final Property Tax Rate, which is an increase of approximately 12.91%. This lesser increase CITY TOTAL DEBT Lake Elmo 30,400,000$ Afton 6,705,000 Bayport 2,025,000 Hugo 7,225,000 Oakdale 26,310,000 Oak Park Heights 8,770,000 Stillwater 29,305,000 compared to the property levy is a result of increased tax capacity within the City spreading the property tax levy over a larger number of properties. 4) From 2013 Final to 2018 Proposed, tax capacity has increased from approximately $11.38 million to $16.05 million or approximately 40.94%. During that same time, the tax rate has declined from 27.82% to the proposed rate of 22.60%, or a decrease of approximately 18.75%. The 2018 tax capacity and tax rate will experience minor fluctuations as Washington County refines its Pay 2018 taxing information throughout the year, and will not become final until early 2018 when the property tax statements to go out. 2018 Property Tax Levy Impact on a Median Value Homesteaded Property City Share of Taxes For a median valued home of $378,300 that experiences a change in valuation of 1.19%, to $382,800, based on information from Washington County, the estimated City share of property taxes for the Preliminary 2018 Property Tax Levy would be $858.88 compared to $750.88 for the 2017 Final Property Tax Levy. This is an increase of $108.00, or approximately 14.4% for the estimated City share of property taxes. This information is contingent upon changes in overall valuation, tax capacity, and the City’s 2018 Final Property Tax Levy. Additional Tax Levy Information By law, the City Council must approve a 2018 Preliminary Property Tax Levy. This preliminary levy must be sent to Washington County for certification no later than September 29, 2017. A few key items of note: 1) Once the 2018 Preliminary Property Tax Levy is Adopted and sent to Washington County, it cannot be increased. It may be decreased though for the 2018 Final Property Tax Levy adoption that will occur in December. 2) Washington County will use the 2017 Preliminary Property Tax Levy to calculate parcel specific notices mailed to taxpayers in mid-November. 3) Final action on the 2018 Budget, 2018 Final Property Tax Levy, and 2018 – 2022 CIP will occur in December. Setting the Date for the Public Hearing, 2018 Final Tax Levy and 2018 Budget Adoption Legislative requirements changed eight years ago in regard to public hearings that usually occur in December. The requirement to publish and hold a special public hearing separate from adopting the final tax levy was repealed in 2009. For that reason, the City Council can hold the public hearing and adopt the final property tax levy and adopted budget on the same night. If the City Council chooses to follow this practice, then the proposed date would be the Regular City Council meeting of December 5, 2017 at 7:00 pm for the Public Hearing on the 2018 Final Property Tax Levy and 2018 Budget. After the Public Hearing, the City Council can then consider and adopt the 2018 Final Property Tax Levy, 2018 Budget, and 2018 – 2022 Capital Improvement Plan. If necessary, the City Council can hold open the Public Hearing for continuation at the December 19, 2017 Regular City Council meeting, and upon closure of Public Hearing may consider adoption of the aforementioned items. If continuation is not necessary, then Council still may defer action until December 19, 2017 Regular City Council meeting. Reporting information is required to be sent to the State of Minnesota and Washington County by December 30th and December 28th, respectively. Process for This Evening: For this evening, staff will discuss the 2018 Preliminary Budget, 2018 Preliminary Property Tax Levy, outline key points and impacts, and answer questions the City Council may have. Next Steps: Based on the outcome of the conversation this evening, and City Council direction, staff would propose the following schedule: 1) September 19 (This Evening) – City Council adopts the 2018 Preliminary Budget, 2018 Preliminary Property Tax Levy, and sets the date and time for the Public Hearing on the 2018 Final Property Tax Levy and 2018 Budget for December 5, 2017 at 7:00 p.m. 2) November 14 (Optional) – City Council Workshop on the 2018 Budget and Tax Levy 3) December 5 – Public Hearing on the 2018 Final Property Tax Levy and 2018 Budget and adoption of the 2018 Final Property Tax Levy, 2018 Budget, and 2018 – 2022 C.I.P. 4) December 19 (If Necessary) – Continue Public Hearing if necessary, and adopt the 2018 Final Property Tax Levy, 2018 Budget, and 2018 – 2022 C.I.P. Staff will continue to review budget and capital information, and subsequently update it during the upcoming months if necessary. Again, the City Council has the option of decreasing the 2018 Preliminary Property Tax Levy after the initial certification; however, it cannot be increased. FISCAL IMPACT: The proposed budgets and tax levy will help support necessary city services to be provided in 2018. In addition, consideration of the impact of the decisions made today will help the City plan for the future with the goal of sound fiscal management. RECOMMENDATIONS: 1) Motion to Adopt Resolution No. 2017-095 Approving 2018 Preliminary General Fund Budget, 2018 Preliminary Property Tax Levy, and Setting Public Hearing Date for the 2018 Budget and 2018 Final Property Tax Levy for Tuesday December 5, 2017 at 7:00 p.m. ATTACHMENTS: 1) 2018 Preliminary General Fund Budget – 9-19-17 2) 2018 Preliminary Property Tax Levy Allocations – 9-19-17 3) 2018 Property Tax Levy Impact Worksheet from Washington County – 9-19-17 4) Resolution No. 2017-095 Approving 2018 Preliminary General Fund Budget, 2018 Preliminary Property Tax Levy, and Setting Public Hearing Date for the 2018 Budget and 2018 Final Property Tax Levy for Tuesday December 5, 2017 at 7:00 p.m. CITY OF LAKE ELMO 2018 PRELIMINARY GENERAL FUND BUDGET September 19, 2017 1 Adopted 2017 to 2015 2016 2017 2017 2017 2018 Proposed 2018 Account Number Description Actual Actual Adopted YTD - August 31 Projected Proposed Percent Change Comments General Fund Revenues: Taxes 101-000-0000-31010 Current Ad Valorem Taxes 2,206,350$ 2,019,331$ 1,629,875$ 896,685$ 1,629,875$ 2,232,503$ 36.97% 101-000-0000-31020 Delinquent Ad Valorem Taxes 22,467 13,546 15,000 12,410 15,000 15,000 0.00% 101-000-0000-31030 Mobile Home Tax 18,874 14,366 12,000 3,017 12,000 15,000 25.00% 101-000-0000-31040 Fiscal Disparities 179,607 157,096 161,272 111,967 161,272 149,615 -7.23% 101-000-0000-31910 Penalty & Interest on Taxes 725 185 700 423 700 500 -28.57% Total Taxes 2,428,022$ 2,204,523$ 1,818,847$ 1,024,502$ 1,818,847$ 2,412,618$ 32.65% Licenses and Permits 101-000-0000-32110 Liquor License 8,350 7,025 9,000 8,300 8,300 8,300 -7.78% 101-000-0000-32180 Wastehauler License 480 1,560 1,000 - 1,000 1,000 0.00% 101-000-0000-32181 General Contractor License 50 150 150 750 - - -100.00%Combination permit 101-000-0000-32183 Heating Contractor License 3,901 3,450 2,850 600 1,200 - -100.00%Combination permit 101-000-0000-32210 Building Permits 421,941 902,690 808,157 643,967 835,851 800,000 -1.01%Proj. '17 increase per M.B. 2018 - 250 homes 101-000-0000-32211 Driveway Permits 250 10,190 - 10,000 17,500 17,500 #DIV/0! 101-000-0000-32220 Heating Permits 34,359 128,558 44,820 99,003 122,000 60,000 33.87%LE School for Proj. 2017 and revised per M.B. 101-000-0000-32230 Plumbing Permits 42,662 92,752 44,820 66,768 75,000 60,000 33.87%LE School for Proj. 2017 and revised per M.B. 101-000-0000-32240 Animal License 2,116 1,900 1,720 1,385 2,000 2,000 16.28%Based on averages 101-000-0000-32250 Utility Permits 59,033 60,234 33,000 27,153 33,000 33,000 0.00% 101-000-0000-32260 Burning Permit 1,530 2,035 3,750 1,325 3,750 2,500 -33.33% 101-000-0000-32270 Massage Therapy Licenses 200 75 100 - 100 100 0.00% 101-000-0000-35101 Fire Sprinkler Alarm Fees - - 15,000 8,838 15,000 8,500 -43.33%Split $8500/1500 for 2018 - Reduced per M.B. Fire Alarm Fees - - - - - 1,500 #DIV/0!Split $8500/1500 for 2018 - Reduced per M.B. Total Licenses and Permits 574,871$ 1,210,619$ 964,367$ 868,089$ 1,114,701$ 994,400$ 3.11% Intergovernmental 101-000-0000-33418 MSA - Maintenance 119,464 123,433 130,838 122,883 122,883 135,561 3.61%From FOCUS via MNDOT - Feb and July install. 101-000-0000-33420 State Fire Aid 58,166 59,136 47,000 - 47,000 47,000 0.00%November receipt 101-000-0000-33422 PERA Aid 2,749 2,749 2,749 1,375 2,749 2,749 0.00%July and December receipt. 101-000-0000-33426 Miscellaneous State Grants 26,285 8,367 4,820 541 4,820 4,820 0.00% 101-000-0000-33621 Recycling Grant 15,688 15,688 15,688 - 15,766 15,766 0.50%June/July Total Intergovernmental 222,352$ 209,373$ 201,095$ 124,798$ 193,218$ 205,896$ 2.39% Charges for Services 101-000-0000-34103 Zoning & Subdivision Fees 29,035 33,490 23,000 32,738 35,000 55,000 139.13%Based on S.W. est.and new construction fee. 101-000-0000-34104 Plan Check Fees 242,970 500,965 513,002 388,433 509,822 525,000 2.34%Based on building permit fees. Estimates per M.B. 101-000-0000-34105 Sale of Copies, Books, Maps 116 213 280 9 200 200 -28.57% 101-000-0000-34107 Assessment Searches 3,030 4,905 1,395 720 1,000 1,395 0.00% 101-000-0000-34110 Rent - - - 12 12 - #DIV/0! 101-000-0000-34111 Cable Operation Reimbursement 71,912 1,600 4,000 1,710 4,000 5,000 25.00% 101-000-0000-36206 Escrow Administration Fee - 2,800 24,900 17,200 25,000 25,000 0.40%2017 Projected revised per M.B. - 8-14-17. Total Charges for Services 347,063$ 543,973$ 566,577$ 440,822$ 575,034$ 611,595$ 7.95% Fines and Forfeits 101-000-0000-35100 Fines 48,739 49,505 46,500 32,501 49,000 49,000 5.38%Based on averages Total Fines and Forfeits 48,739$ 49,505$ 46,500$ 32,501$ 49,000$ 49,000$ 5.38% Investment Earnings 101-000-0000-36210 Interest Earnings 23,501 20,437 40,000 - 25,000 40,000 0.00%$4M cash at 1%.- Allocated at year end. Total Investment Earnings 23,501$ 20,437$ 40,000$ -$ 25,000$ 40,000$ 0.00% Miscellaneous 101-000-0000-33622 Cable Franchise Revenue - 98,218 72,000 67,178 94,178 68,000 -5.56%2017 Cable Upgrade Rev. - $27K 101-000-0000-36200 Miscellaneous Revenue 2,438 28,205 4,000 26,374 32,900 29,900 647.50%Tax forfeit, misc. accts. Receivable, dev. Fees. 101-000-0000-36204 Reimbursements - Fire - 1,500 500 - - - -100.00% 101-000-0000-36207 ISD Service Fee In Lieu of Tax - - 31,500 - 31,500 32,130 2.00%Due in Dec. - 2% incr./yr. - Ends in 2026. 101-000-0000-36230 Donations - 10,000 10,000 11,400 11,400 10,000 0.00% 101-000-0000-37180 Tower Rent - - 46,000 39,685 51,000 53,000 15.22%Based on contracts. 101-000-0000-38000 Use of Fund Balance - - 150,000 - 198,150 194,000 29.33%For Equipment purchases Total Miscellaneous 2,438$ 137,924$ 314,000$ 144,637$ 419,129$ 387,030$ 23.26% Total General Fund Revenues:3,646,987$ 4,376,355$ 3,951,386$ 2,635,349$ 4,194,929$ 4,700,538$ 18.96% CITY OF LAKE ELMO 2018 PRELIMINARY GENERAL FUND BUDGET September 19, 2017 2 Adopted 2017 to 2015 2016 2017 2017 2017 2018 Proposed 2018 Account Number Description Actual Actual Adopted YTD - August 31 Projected Proposed Percent Change Comments General Fund Expenditures: 1110 Mayor & Council Personnel 101-410-1110-41030 Part-time Salaries 25,690 25,690 25,690 12,845 25,690 25,690 0.00% 101-410-1110-41220 FICA Contributions 1,593 1,593 1,593 796 1,593 1,593 0.00% 101-410-1110-41230 Medicare Contributions 373 373 373 186 373 373 0.00% 101-410-1110-41510 Workers Compensation 9 - 300 67 198 198 -34.00% Total Personnel 27,664$ 27,655$ 27,956$ 13,895$ 27,854$ 27,854$ -0.36% Materials and Supplies 101-410-1110-42000 Office Supplies - 72 - 114 36 30 #DIV/0! 101-410-1110-42001 Computer Reimbursement - - - 1,911 5,000 - #DIV/0!2017 for paperless packets. 101-410-1110-43310 Mileage 169 - 375 - 100 300 -20.00% Total Materials and Supplies 169$ 72$ 375$ 2,025$ 5,136$ 330$ -12.00% Charges and Services 101-410-1110-44300 Miscellaneous 8,764 15,691 5,250 6,568 6,750 6,750 28.57% 101-410-1110-44330 Dues & Subscriptions 11,519 11,986 11,813 3,622 11,813 12,470 5.56% 101-410-1110-44370 Conferences & Training 1,000 520 1,500 180 335 1,000 -33.33% Total Charges and Services 21,283$ 28,197$ 18,563$ 10,370$ 18,898$ 20,220$ 8.93% 1110 Total Mayor & Council 49,116$ 55,924$ 46,894$ 26,290$ 51,888$ 48,404$ 3.22% 1320 Administration Personnel 101-410-1320-41010 Full-time Salaries 232,992 195,150 153,083 114,937 180,359 217,946 42.37%Assistant Admin for 1 quarter of '17 and all '18. 101-410-1320-41030 Part-time Salaries - 5,613 - 5,304 6,240 - #DIV/0!Removed for 2018 Budget 101-410-1320-41210 PERA Contributions 12,638 14,378 11,481 11,158 13,527 16,346 42.37% 101-410-1320-41220 FICA Contributions 13,922 11,823 9,491 10,084 11,206 13,146 38.51% 101-410-1320-41230 Medicare Contributions 3,273 2,765 2,220 2,368 2,706 3,160 42.34% 101-410-1320-41300 Insurance 44,554 28,335 26,787 23,269 34,902 49,588 85.12% 101-410-1320-41510 Workers Compensation 6,717 6,252 6,300 693 1,437 1,678 -73.37% Total Personnel 314,096$ 264,317$ 209,362$ 167,813$ 250,377$ 301,864$ 44.18% Materials and Supplies 101-410-1320-42000 Office Supplies 5,538 5,113 5,500 3,437 5,000 4,500 -18.18% 101-410-1320-42030 Printed Forms 1,888 771 700 84 775 785 12.14%Deposit slips & Receipt books 101-410-1320-43040 Legal Services 100,075 322,842 170,000 158,221 100,000 100,000 -41.18%3M Litigation to be paid by Water Fund for '17-18. 101-410-1320-43090 Newsletter/Website - - 8,000 90 90 100 -98.75% Total Materials and Supplies 107,500$ 328,727$ 184,200$ 161,832$ 105,865$ 105,385$ -42.79% Charges and Services 101-410-1320-43100 Assessing Services 46,659 52,049 38,000 26,626 50,318 53,350 40.39%250 New parcels per year and W.C. charge 101-410-1320-43150 Contract Services 1,100 1,019 - 15,080 12,785 3,000 #DIV/0!DDA ('17), Shred It, & Misc $600 101-410-1320-43180 Information Technology/Web 5,967 470 - 609 1,500 4,500 #DIV/0!New Website & New Computer 101-410-1320-43190 Software Programs - 2,338 - 2,205 2,500 3,750 #DIV/0!laser fiche, plan it, adobe, etc 101-410-1320-43210 Telephone 1,388 1,574 1,500 910 1,718 1,770 17.97% 101-410-1320-43220 Postage 4,541 3,741 3,000 (554) 3,000 4,000 33.33% 101-410-1320-43310 Mileage 70 418 348 517 750 1,000 187.36%New EE 101-410-1320-43510 Legal Publishing 6,513 8,003 7,088 2,330 8,000 13,000 83.41%$5K for Codification update 101-410-1320-43610 Insurance 16,386 26,121 28,000 27,630 27,130 28,487 1.74% 101-410-1320-43620 Cable Operation Expense - - 31,400 - 31,400 - -100.00%Capital one-time expenditure. 101-410-1320-44330 Dues & Subscriptions 1,713 1,877 2,500 1,227 1,800 2,250 -10.00% 101-410-1320-44370 Conferences & Training 2,511 844 2,170 1,346 1,330 2,000 -7.83% Total Charges and Services 86,848$ 98,454$ 114,006$ 77,926$ 142,231$ 117,106$ 2.72% Miscellaneous 101-410-1320-44300 Miscellaneous 1,210 538 600 212 600 600 0.00% Total Miscellaneous 1,210$ 538$ 600$ 212$ 600$ 600$ 0.00% 1320 Total Administration 509,653$ 692,035$ 508,168$ 407,783$ 499,073$ 524,955$ 3.30% 1410 Elections CITY OF LAKE ELMO 2018 PRELIMINARY GENERAL FUND BUDGET September 19, 2017 3 Adopted 2017 to 2015 2016 2017 2017 2017 2018 Proposed 2018 Account Number Description Actual Actual Adopted YTD - August 31 Projected Proposed Percent Change Comments Personnel 101-410-1410-41030 Part-time Salaries 1,280 7,037 - - - 7,500 #DIV/0! 101-410-1410-41510 Workers Compensation - - - - - - #DIV/0! Total Personnel 1,280$ 7,037$ -$ -$ -$ 7,500$ #DIV/0! Charges and Services 101-410-1410-43150 Contract Services 600 1,200 1,200 1,660 1,660 1,660 38.33%Wash. Cty. charges for elections Total Charges and Services 600$ 1,200$ 1,200$ 1,660$ 1,660$ 1,660$ 38.33% Capital Outlay 101-410-1410-45800 Other Equipment - 20 - - - - #DIV/0! Total Capital Outlay -$ 20$ -$ -$ -$ -$ #DIV/0! Miscellaneous 101-410-1410-44300 Miscellaneous - 835 - - - 1,000 #DIV/0! Total Miscellaneous -$ 835$ -$ -$ -$ 1,000$ #DIV/0! 1410 Total Elections 1,880$ 9,092$ 1,200$ 1,660$ 1,660$ 10,160$ 746.67% 1450 Communications Personnel 101-410-1450-41010 Full-time Salaries 11,191 - - - 7,953 28,434 #DIV/0!New Hire - Asst. Admin. 101-410-1450-41030 Part-time Salaries - - - - - - #DIV/0! 101-410-1450-41210 PERA Contributions 664 - - - 596 2,133 #DIV/0! 101-410-1450-41220 FICA Contributions 680 - - - 493 1,763 #DIV/0! 101-410-1450-41230 Medicare Contributions 159 - - - 115 412 #DIV/0! 101-410-1450-41300 Insurance 3,672 - - - 1,907 8,956 #DIV/0! 101-410-1450-41510 Workers Compensation 213 - - - 61 219 #DIV/0! Total Personnel 16,578$ -$ -$ -$ 11,125$ 41,917$ #DIV/0! Charges and Services 101-410-1450-43090 Newsletter 4,711 - - - 2,000 5,000 #DIV/0!4 newletters reduced to 2 per C.C. -8-22-17 101-410-1450-43180 Information Technology/Web 35,507 50,580 67,396 22,411 33,698 35,500 -47.33%Incr. per Roseville IT. Allocated to Utilities too 101-410-1450-43210 Telephone 876 308 - - - - #DIV/0! 101-410-1450-43220 Postage 1,208 - - - - 1,000 #DIV/0! 101-410-1450-43310 Mileage 57 - - - - - #DIV/0! 101-410-1450-43510 Public Notices 1,586 - - - - - #DIV/0! 101-410-1450-43620 Cable Operations 3,849 3,955 - 3,785 4,000 5,000 #DIV/0!Increased meetings. 101-410-1450-44370 Conferences and Training 360 - - - - - #DIV/0! Total Charges and Services 47,795$ 54,843$ 67,396$ 26,196$ 39,698$ 46,500$ -31.00% 1450 Total Communications 64,733$ 54,843$ 67,396$ 26,196$ 50,823$ 88,417$ 31.19% 1520 Finance Personnel 101-410-1520-41010 Full-time Salaries 60,494 63,053 59,561 46,313 64,231 14,664 -75.38%2017 Projected -Prior employee compensation. 101-410-1520-41030 Part-time Salaries - 12,702 10,000 16,148 16,500 6,760 -32.40% 101-410-1520-41210 PERA Contributions 4,537 5,281 4,835 1,701 1,438 1,100 -77.25% 101-410-1520-41220 FICA Contributions 3,545 4,500 3,997 1,638 1,647 1,328 -66.78% 101-410-1520-41230 Medicare Contributions 829 1,052 935 383 395 311 -66.74% 101-410-1520-41300 Insurance 10,010 10,938 11,994 5,758 3,787 4,480 -62.65% 101-410-1520-41420 Unemployment Benefits - - - - 8,742 5,464 #DIV/0!16 weeks in 2017 and 10 weeks in 2018 at 80% 101-410-1520-41510 Workers Compensation 472 204 600 315 315 165 -72.50% Total Personnel 79,886$ 97,731$ 91,922$ 72,255$ 97,055$ 34,272$ -62.72% Materials and Supplies 101-410-1520-42000 Office Supplies 818 338 600 446 750 600 0.00% 101-410-1520-42030 Printed Forms 137 1,117 375 - 375 375 0.00%Checks ordered in Oct. 2016. Total Materials and Supplies 955$ 1,456$ 975$ 446$ 1,125$ 975$ 0.00% Charges and Services 101-410-1520-43010 Audit Services 28,270 29,345 29,500 25,775 29,500 30,425 3.14%Contract ends in 2017 but paid in 2018. 101-410-1520-43150 Contract Services 7,786 114 101 74,500 139,493 108,150 106979.21%Select $150- CLA 120 days in 2018. - 75% 101-410-1520-43190 Software Programs 5,379 - - 6,400 6,400 19,433 #DIV/0!Accela support and New Financial Software 101-410-1520-43210 Telephone 408 427 900 619 850 875 -2.78%Roseville IT Phone and VPN access. CITY OF LAKE ELMO 2018 PRELIMINARY GENERAL FUND BUDGET September 19, 2017 4 Adopted 2017 to 2015 2016 2017 2017 2017 2018 Proposed 2018 Account Number Description Actual Actual Adopted YTD - August 31 Projected Proposed Percent Change Comments 101-410-1520-43310 Mileage - - 50 - 100 250 400.00%Mileage for training and conferences. 101-410-1520-44330 Dues & Subscriptions 420 170 670 170 500 500 -25.37%GFOA, MNGFOA, APA 101-410-1520-44370 Conferences & Training - - 500 254 500 750 50.00%MNGFOA and Govt. Acctg. Courses. Total Charges and Services 42,263$ 30,056$ 31,721$ 107,718$ 177,343$ 160,383$ 405.61% Miscellaneous 101-410-1520-44300 Miscellaneous 1,632 1,627 220 1,052 500 1,625 638.64%18' Based on Average Total Miscellaneous 1,632$ 1,627$ 220$ 1,052$ 500$ 1,625$ 638.64% 1520 Total Finance 124,737$ 130,869$ 124,838$ 181,471$ 276,023$ 197,255$ 58.01% 1910 Planning & Zoning Personnel 101-410-1910-41010 Full-time Salaries 135,788 149,034 145,407 115,193 145,619 146,468 0.73% 101-410-1910-41030 Part-time Salaries - - - - 6,240 6,760 #DIV/0!Intern 101-410-1910-41210 PERA Contributions 9,546 11,211 10,906 8,608 10,921 10,985 0.72% 101-410-1910-41220 FICA Contributions 7,919 9,075 9,015 6,776 9,415 9,500 5.38% 101-410-1910-41230 Medicare Contributions 1,852 2,122 2,109 1,585 2,202 2,222 5.36% 101-410-1910-41300 Insurance 29,145 23,249 25,772 22,496 30,625 33,796 31.13% 101-410-1910-41510 Workers Compensation 938 415 750 658 1,181 1,192 58.93% Total Personnel 185,188$ 195,105$ 193,959$ 155,316$ 206,203$ 210,923$ 8.75% Materials and Supplies 101-410-1910-42000 Office Supplies 1,661 810 1,800 156 105 800 -55.56% 101-410-1910-42030 Printed Forms 958 - 500 - 750 - -100.00% Total Materials and Supplies 2,619$ 810$ 2,300$ 156$ 855$ 800$ -65.22% Charges and Services 101-410-1910-43020 Comprehensive Planning - - - 18,852 54,000 36,000 #DIV/0!Comp Plan - $90K - 60/40 split 2017/2018 101-410-1910-43030 Engineering Services 16,328 18,688 12,000 5,793 15,000 15,000 25.00% 101-410-1910-43150 Contract Services 25,467 25,133 113,500 5,544 10,000 10,000 -91.19%Sambatech 101-410-1910-43190 Software Programs - - - 407 500 100 #DIV/0!ACAD won't be renewed. 101-410-1910-43210 Telephone 761 775 1,020 409 1,000 1,100 7.84% 101-410-1910-43220 Postage 35 6 150 35 - 25 -83.33% 101-410-1910-43310 Mileage 95 342 150 81 300 300 100.00% 101-410-1910-43510 Legal Publishing - - - 726 500 500 #DIV/0! 101-410-1910-44330 Dues & Subscriptions 120 617 390 - 1,500 1,115 185.90%AICP-475/ULI-640 101-410-1910-44350 Books - - 175 - - - -100.00% 101-410-1910-44370 Conferences & Training 555 1,520 1,560 315 2,500 2,500 60.26%APA - $2160 - Mankato Total Charges and Services 43,361$ 47,081$ 128,945$ 32,162$ 85,300$ 66,640$ -48.32% Miscellaneous 101-410-1910-44300 Miscellaneous 31 31 300 10 200 200 -33.33% Total Miscellaneous 31$ 31$ 300$ 10$ 200$ 200$ -33.33% 1910 Total Planning & Zoning 231,199$ 243,027$ 325,504$ 187,644$ 292,558$ 278,563$ -14.42% 1930 Engineering Services Charges and Services 101-410-1930-43030 Engineering Services 32,942 34,034 36,000 15,744 34,500 36,000 0.00% 101-410-1930-43210 Telephone 204 195 - 71 200 216 #DIV/0!Roseville IT costs - 5% increase Total Charges and Services 33,146$ 34,229$ 36,000$ 15,815$ 34,700$ 36,216$ 0.60% 1930 Total Engineering Services 33,146$ 34,229$ 36,000$ 15,815$ 34,700$ 36,216$ 0.60% 1940 City Hall Materials and Supplies 101-410-1940-42110 Cleaning Supplies - - 50 - -100.00% 101-410-1940-42230 Building Repair Supplies 478 4 300 550 750 800 166.67%Menard's charges Total Materials and Supplies 478$ 4$ 350$ 550$ 750$ 800$ 128.57% Charges and Services 101-410-1940-43180 Information Technology/Web - - - 185 370 389 #DIV/0!Roseville IT costs. 5% increase 101-410-1940-43210 Telephone 772 614 900 375 900 900 0.00% 101-410-1940-43810 Utilities 6,968 3,851 6,500 2,583 6,500 6,500 0.00% CITY OF LAKE ELMO 2018 PRELIMINARY GENERAL FUND BUDGET September 19, 2017 5 Adopted 2017 to 2015 2016 2017 2017 2017 2018 Proposed 2018 Account Number Description Actual Actual Adopted YTD - August 31 Projected Proposed Percent Change Comments 101-410-1940-43840 Refuse 1,490 1,129 1,355 830 1,325 1,325 -2.21% 101-410-1940-44010 Repairs/Maint Contractual Bldg 9,139 21,350 6,000 6,029 6,000 6,000 0.00% 101-410-1940-44040 Repairs/Maint Contractual Eqpt 10,820 11,365 15,540 8,042 15,441 18,000 15.83%Full year of new copier lease 101-410-1940-44120 Rentals - Building 29,532 30,147 31,992 23,994 31,992 33,223 3.85% Total Charges and Services 58,721$ 68,457$ 62,287$ 42,038$ 62,528$ 66,337$ 6.50% Miscellaneous 101-410-1940-44300 Miscellaneous 1,802 1,981 1,016 501 1,016 1,016 0.00% Total Miscellaneous 1,802$ 1,981$ 1,016$ 501$ 1,016$ 1,016$ 0.00% 1940 Total City Hall 61,000$ 70,442$ 63,653$ 43,089$ 64,294$ 68,153$ 7.07% 2100 Police Charges and Services 101-420-2100-43150 Law Enforcement Contract 527,462 536,330 618,357 290,876 618,357 664,675 7.49%Based on proposed contract - 7-22-17 101-420-2100-44300 Misc. - Community Event - - 1,000 1,800 1,000 1,000 0.00% Total Charges and Services 527,462$ 536,330$ 619,357$ 292,676$ 619,357$ 665,675$ 7.48% 2100 Total Police 527,462$ 536,330$ 619,357$ 292,676$ 619,357$ 665,675$ 7.48% 2150 Prosecution Charges and Services 101-420-2150-43045 Attorney Criminal 55,710 44,144 43,200 25,169 42,669 44,996 4.16% Total Charges and Services 55,710$ 44,144$ 43,200$ 25,169$ 42,669$ 44,996$ 4.16% 2150 Total Prosecution 55,710$ 44,144$ 43,200$ 25,169$ 42,669$ 44,996$ 4.16% 2220 Fire Personnel 101-420-2220-41010 Full-time Salaries 70,680 71,918 72,970 53,386 82,597 85,518 17.20% 101-420-2220-41030 Part-time Salaries 105,487 96,663 97,724 60,179 129,502 228,179 133.49%Includes PT Fire Admin, POC and Chaplain. 101-420-2220-41210 PERA Contributions 14,829 14,699 11,821 11,089 23,020 39,180 231.44% 101-420-2220-41220 FICA Contributions 5,681 6,038 6,059 3,731 4,340 4,340 -28.37% 101-420-2220-41230 Medicare Contributions 2,532 2,364 2,475 1,586 1,015 1,015 -58.99% 101-420-2220-41300 Insurance 14,275 13,673 14,993 10,965 16,448 19,686 31.30% 101-420-2220-41510 Workers Compensation 20,966 12,879 15,000 16,687 17,219 26,481 76.54% Total Personnel 234,449$ 218,234$ 221,042$ 157,623$ 274,141$ 404,399$ 82.95% Materials and Supplies 101-420-2220-42000 Office Supplies 1,373 1,444 1,850 136 500 500 -72.97%2018 reduced per K.H. and G.M. - 9-7-17 101-420-2220-42080 EMS Supplies 453 888 5,800 3,819 5,800 1,200 -79.31%Odd year costs 101-420-2220-42090 Fire Prevention 142 722 3,000 - 3,000 3,000 0.00%New program - fire prevention 101-420-2220-42120 Fuel, Oil and Fluids 10,015 7,644 11,000 3,890 7,500 8,000 -27.27% 101-420-2220-42400 Small Tools & Equipment 20,734 10,539 11,700 5,942 11,700 22,675 93.80%6 PT hires reduced to 3 PT, confined sp. equip. Total Materials and Supplies 32,717$ 21,237$ 33,350$ 13,787$ 28,500$ 35,375$ 6.07% Charges and Services 101-420-2220-43050 Physicals 5,199 4,221 2,400 1,794 2,000 8,075 236.46%6 PT hires reduced to 3 PT - 9-11-17. 101-420-2220-43210 Telephone 4,316 3,682 4,200 2,476 4,200 4,200 0.00% 101-420-2220-43230 Radio 20,446 18,917 22,018 12,365 22,018 21,616 -1.83%User fees, pager repair, insurance and 6 rplcmnts 101-420-2220-43310 Mileage 578 814 500 - 500 500 0.00% 101-420-2220-43630 Insurance 5,469 7,290 8,300 7,571 8,300 8,549 3.00% 101-420-2220-43810 Utility 14,161 9,520 15,500 9,303 15,500 15,500 0.00% 101-420-2220-43840 Refuse 3,455 2,948 2,400 1,967 2,800 3,200 33.33%Based on averages 101-420-2220-44010 Repairs/Maint Bldg 5,960 17,938 7,800 7,376 7,800 7,000 -10.26% 101-420-2220-44040 Repairs/Maint Eqpt 25,224 41,975 22,967 31,724 35,000 25,896 12.75% 101-420-2220-44170 Uniforms 1,862 5,255 2,500 2,234 2,500 9,821 292.84%6 PT hires reduced to 3 PT - 9-11-17. 101-420-2220-44330 Dues & Subscriptions 3,303 3,275 3,733 2,690 3,733 3,955 5.95% 101-420-2220-44350 Books - 230 220 180 280 440 100.00% 101-420-2220-44370 Conferences & Training 8,775 17,663 19,891 9,904 19,891 22,514 13.19%Target solution changes Total Charges and Services 98,750$ 133,727$ 112,429$ 89,584$ 124,522$ 131,266$ 16.75% Capital Outlay 101-420-2220-45500 Vehicle - - - 7,370 7,370 - #DIV/0! Total Capital Outlay -$ -$ -$ 7,370$ 7,370$ -$ #DIV/0! CITY OF LAKE ELMO 2018 PRELIMINARY GENERAL FUND BUDGET September 19, 2017 6 Adopted 2017 to 2015 2016 2017 2017 2017 2018 Proposed 2018 Account Number Description Actual Actual Adopted YTD - August 31 Projected Proposed Percent Change Comments Miscellaneous 101-420-2220-44300 Miscellaneous 2,721 2,290 2,000 800 2,000 2,000 0.00% Total Miscellaneous 2,721$ 2,290$ 2,000$ 800$ 2,000$ 2,000$ 0.00% 2220 Total Fire 368,637$ 375,488$ 368,821$ 269,164$ 436,533$ 573,040$ 55.37% 2250 Fire Relief Charges and Services 101-420-2250-44920 Fire State Aid 58,166 59,136 47,000 - 47,000 47,000 0.00%Relief Assoc. pass through Total Charges and Services 58,166$ 59,136$ 47,000$ -$ 47,000$ 47,000$ 0.00% 2250 Total Fire Relief 58,166$ 59,136$ 47,000$ -$ 47,000$ 47,000$ 0.00% 2400 Building Inspection Personnel 101-420-2400-41010 Full-time Salaries 99,174 167,498 232,801 145,831 265,364 272,754 17.16% 101-420-2400-41210 PERA Contributions 7,250 12,102 15,132 10,937 19,902 20,457 35.19% 101-420-2400-41220 FICA Contributions 5,834 10,062 14,434 8,646 16,453 16,911 17.16% 101-420-2400-41230 Medicare Contributions 1,365 2,353 3,376 2,022 3,848 3,955 17.15% 101-420-2400-41300 Insurance 18,264 24,554 42,432 36,045 54,074 64,405 51.78% 101-420-2400-41510 Workers Compensation 2,828 1,260 4,800 794 2,091 2,149 -55.23% Total Personnel 134,714$ 217,830$ 312,975$ 204,275$ 361,732$ 380,631$ 21.62% Materials and Supplies 101-420-2400-42000 Office Supplies 690 1,602 1,750 1,262 1,750 1,750 0.00% 101-420-2400-42030 Printed Forms 154 - 350 - 350 350 0.00% 101-420-2400-42120 Fuel, Oil and Fluids 1,014 521 3,600 1,486 3,600 3,600 0.00% Total Materials and Supplies 1,858$ 2,122$ 5,700$ 2,748$ 5,700$ 5,700$ 0.00% Charges and Services 101-420-2400-43030 Engineering 6,289 2,465 6,000 248 4,000 1,000 -83.33%Handled in-house by Bldg. Official 101-420-2400-43180 Information Technology/Web 3,875 6,010 - 5,164 10,500 7,405 #DIV/0!i-pads and PermitWorks 101-420-2400-43210 Telephone 758 1,912 1,800 1,618 1,800 2,500 38.89% 101-420-2400-43630 Insurance 136 178 400 185 400 400 0.00% 101-420-2400-44040 Repairs/Maint Eqpt 1,253 965 1,000 786 1,000 1,000 0.00% 101-420-2400-44170 Uniforms 241 80 1,200 - 1,200 1,200 0.00%Jackets, shirts, ID's 101-420-2400-44330 Dues & Subscriptions 385 185 740 310 740 740 0.00% 101-420-2400-44350 Books 1,692 870 500 345 500 500 0.00% 101-420-2400-44370 Conferences & Training 1,095 2,596 4,825 305 4,825 4,825 0.00% Total Charges and Services 15,726$ 15,261$ 16,465$ 8,961$ 24,965$ 19,570$ 18.86% Capital Outlay 101-420-2400-45500 Vehicle - - - - - 24,000 #DIV/0!Paid from fund balance. Total Capital Outlay -$ -$ -$ -$ -$ 24,000$ #DIV/0! Miscellaneous 101-420-2400-44300 Miscellaneous 1,564 266 845 3,793 845 1,000 18.34% Total Miscellaneous 1,564$ 266$ 845$ 3,793$ 845$ 1,000$ 18.34% 2400 Total Building Inspection 153,862$ 235,479$ 335,985$ 219,776$ 393,242$ 430,901$ 28.25% 2500 Emergency Communications Charges and Services 101-420-2500-43150 Contract Services 3,745 4,945 5,395 900 5,395 1,780 -67.01%Replace Pole for 2017 Proj. Total Charges and Services 3,745$ 4,945$ 5,395$ 900$ 5,395$ 1,780$ -67.01% 2500 Total Emergency Communications 3,745$ 4,945$ 5,395$ 900$ 5,395$ 1,780$ -67.01% 2700 Animal Control Charges and Services 101-420-2700-43150 Contract Services 5,725 3,086 7,725 4,692 7,725 7,725 0.00% Total Charges and Services 5,725$ 3,086$ 7,725$ 4,692$ 7,725$ 7,725$ 0.00% CITY OF LAKE ELMO 2018 PRELIMINARY GENERAL FUND BUDGET September 19, 2017 7 Adopted 2017 to 2015 2016 2017 2017 2017 2018 Proposed 2018 Account Number Description Actual Actual Adopted YTD - August 31 Projected Proposed Percent Change Comments 2700 Total Animal Control 5,725$ 3,086$ 7,725$ 4,692$ 7,725$ 7,725$ 0.00% 3100 Public Works Personnel 101-430-3100-41010 Full-time Salaries 134,875 253,303 238,857 192,399 299,044 325,079 36.10%On call pay of $1667 in Proj. '17 and $4K in '18 101-430-3100-41030 Part-time Salaries 2,429 - 9,680 2,595 7,200 9,360 -3.31%Wage adjustments. Safety Clothing Allowance - - - - 971 971 #DIV/0!Boots 101-430-3100-41210 PERA Contributions 10,351 18,494 18,640 14,330 22,303 24,081 29.19% 101-430-3100-41220 FICA Contributions 8,081 15,066 13,312 11,765 18,987 20,735 55.76% 101-430-3100-41230 Medicare Contributions 1,890 3,524 3,604 2,752 4,441 4,849 34.54% 101-430-3100-41300 Insurance 36,238 44,655 42,141 41,835 62,752 62,796 49.01% 101-430-3100-41510 Workers Compensation 19,017 12,028 14,000 14,990 18,455 19,749 41.06% Total Personnel 212,880$ 347,071$ 340,234$ 280,666$ 434,153$ 467,620$ 37.44% Materials and Supplies 101-430-3100-42000 Office Supplies 350 1,666 2,000 572 2,000 800 -60.00%Moved from Streets. 101-430-3100-42120 Fuel, Oil and Fluids 26,146 24,049 30,000 16,963 27,000 28,500 -5.00% 101-430-3100-42150 Operating Supplies 2,151 2,431 3,000 1,740 2,800 2,000 -33.33% 101-430-3100-42210 Repair/Maint. Supplies 6,308 3,964 10,350 6,155 9,000 12,750 23.19%$6K-Str.-$5750 S&I- and $1K -edges/plow parts 101-430-3100-42240 Street Maintenance & Landscaping - Materials 20,203 16,112 445,000 199,193 20,000 20,000 -95.51% 101-430-3100-42250 Street Maintenance 185,950 258,223 - 10,722 425,000 425,000 #DIV/0!Sealcoat, Crackfill, Mill/overlay 101-430-3120-42260 Street Signs 378 2,389 3,000 3,162 3,500 5,000 66.67% 101-430-3125-42290 Sand/Salt 73,780 49,616 65,000 74,202 74,202 75,000 15.38% 101-430-3100-42400 Small Tools & Minor Equipment 5,634 2,788 3,000 5,020 3,600 8,000 166.67%5K pltt racks/2K mtr for OH hoist. Removed swpr. 101-430-3100-44375 Personal Protection Equipment - 1,465 2,400 1,498 2,000 2,800 16.67%Combined with PW and Streets Total Materials and Supplies 320,900$ 362,703$ 563,750$ 319,226$ 569,102$ 579,850$ 2.86% Charges and Services 101-430-3100-43030 Engineering Services 10,384 4,676 4,800 1,886 2,500 4,800 0.00% 101-430-3100-43150 Contract Services 20,098 24,156 24,350 15,629 17,000 24,500 0.62%$15K frm Str. and $4K frm Snow - $0-Trees 101-430-3100-43210 Telephone 7,344 7,347 7,800 3,911 6,000 7,800 0.00% 101-430-3100-43230 Radio 1,236 1,236 1,300 600 1,300 24,000 1746.15%$20-7new 800mhz rad (1x cost) $4K ann cost 101-430-3100-43630 Insurance 11,914 15,105 17,000 15,688 17,000 19,000 11.76% 101-430-3100-43810 Utilities 46,717 34,935 54,400 34,178 47,000 52,000 -4.41%Consol. from Str. Lghts - $27K-LED Installs. 101-430-3100-43840 Refuse 2,811 2,407 2,625 1,395 2,800 3,000 14.29% 101-430-3100-44010 Repairs/Maint Bldg.5,604 10,996 4,000 8,014 10,000 21,000 425.00%Fans $10K - Locks - 1K 101-430-3100-44030 Repairs/Maint Imp Other Than Bldg.590 165 500 1,012 1,500 1,500 200.00% 101-430-3100-44040 Repairs/Maint Equip 27,514 25,364 20,900 7,934 26,000 34,000 62.68%Str and S&I- $12K/each and gen. maint. $1.5K 101-430-3100-44130 Equipment Rental - - - - - 2,000 #DIV/0! 101-430-3100-44170 Uniforms 3,095 5,886 5,000 4,369 6,500 7,500 50.00% 101-430-3100-44330 Dues & Subscriptions 275 294 600 488 900 600 0.00% 101-430-3100-44370 Conferences & Training 3,187 3,889 4,800 2,092 4,000 4,800 0.00% 101-430-3100-44380 Clean-up Days 5,564 9,557 10,212 14,256 16,000 - -100.00%Removed per C.C. direction - 8-22-17 Total Charges and Services 146,332$ 146,012$ 158,287$ 111,452$ 158,500$ 206,500$ 30.46% Capital Outlay 101-430-3100-45500 Capital Purchases - - - - - 145,000 #DIV/0!Fleet Purchases - 1 ton, vac trlr, asphalt roller. Total Capital Outlay -$ -$ -$ -$ -$ 145,000$ #DIV/0! Miscellaneous 101-430-3100-44300 Miscellaneous 2,534 762 1,450 621 1,200 1,800 24.14%Asset Management subscription. Total Miscellaneous 2,534$ 762$ 1,450$ 621$ 1,200$ 1,800$ 24.14% 3100 Total Public Works 682,647$ 856,548$ 1,063,721$ 711,965$ 1,162,955$ 1,400,770$ 31.69% 5200 Parks & Recreation Personnel 101-450-5200-41010 Full-time Salaries 129,189 70,421 77,429 39,672 88,367 99,036 27.91% 101-450-5200-41030 Part-time Salaries 21,629 30,934 48,000 18,846 21,600 28,080 -41.50%Wage adjustments Safety Clothing Allowance - - - - 236 236 #DIV/0! 101-450-5200-41210 PERA Contributions 9,666 5,798 6,162 3,018 6,628 7,428 20.55% 101-450-5200-41220 FICA Contributions 8,964 6,027 7,777 3,496 6,794 7,857 1.03% 101-450-5200-41230 Medicare Contributions 2,096 1,410 1,819 818 1,595 1,843 1.32% 101-450-5200-41300 Insurance 18,135 18,232 19,992 14,397 21,596 19,129 -4.32% 101-450-5200-41510 Workers Compensation 5,391 3,735 4,000 3,956 5,018 7,419 85.48% CITY OF LAKE ELMO 2018 PRELIMINARY GENERAL FUND BUDGET September 19, 2017 8 Adopted 2017 to 2015 2016 2017 2017 2017 2018 Proposed 2018 Account Number Description Actual Actual Adopted YTD - August 31 Projected Proposed Percent Change Comments Total Personnel 195,071$ 136,556$ 165,179$ 84,203$ 151,834$ 171,028$ 3.54% Materials and Supplies 101-450-5200-42000 Office Supplies 172 60 900 304 800 800 -11.11% 101-450-5200-42150 Operating Supplies 1,575 1,338 - 140 1,000 1,000 #DIV/0! 101-450-5200-42160 Chemicals 679 1,057 1,500 500 500 2,000 33.33% 101-450-5200-42210 Repair/Maint. Supplies 4,156 4,505 6,000 3,654 6,000 7,000 16.67%Combined with Landscaping materials 101-450-5200-42230 Building Repair Supplies 140 619 500 100 500 500 0.00% 101-450-5200-42400 Small Tools & Minor Equipment 2,753 2,365 2,150 1,821 2,000 2,500 16.28% Total Materials and Supplies 9,475$ 9,944$ 11,050$ 6,518$ 10,800$ 13,800$ 24.89% Charges and Services 101-450-5200-43210 Telephone 1,283 1,358 1,200 622 1,000 1,200 0.00% 101-450-5200-43630 Insurance 2,301 3,079 3,800 3,198 4,500 5,000 31.58% 101-450-5200-43810 Utilities 8,935 6,446 9,600 5,958 9,000 10,500 9.38%Water costs added in. 101-450-5200-43840 Refuse - 20 1,000 664 800 1,000 0.00% 101-450-5200-44010 Repairs/Maint Bldg 1,294 63 1,800 - 1,000 2,800 55.56%Replace locks 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 3,114 2,959 3,000 6,281 8,000 3,200 6.67% 101-450-5200-44040 Repairs/Maint Eqpt 804 2,235 1,500 82 1,000 3,200 113.33% 101-450-5200-44120 Rentals - Buildings 7,232 6,476 6,000 3,422 6,500 7,000 16.67% 101-450-5200-44170 Uniforms 136 67 - 58 100 100 #DIV/0! 101-450-5200-44301 Events - - 5,000 450 2,500 500 -90.00%Tree giveaway reduced $2K per CC - 8-22-17 101-450-5200-44302 Lakes - - 40,000 4,578 10,000 15,000 -62.50%$10K/ lake, redcd to $5K by FC, then to 3 lakes CC 101-450-5200-43150 Contract Services - - - - - 13,000 #DIV/0!Turf treatments $8K/Sunfish Mgmt $5K 101-450-5200-44370 Conferences & Training - - - - - 1,200 #DIV/0! 101-450-5200-44130 Equipment Rental - - - - - 1,000 #DIV/0! 101-450-5200-44375 Personal Protection Equipment - 341 1,200 1,209 1,200 800 -33.33% Total Charges and Services 25,099$ 23,044$ 74,100$ 26,522$ 45,600$ 65,500$ -11.61% Capital Outlay 101-5200-5200-45500 Capital Purchases - - - - - 25,000 #DIV/0!Cushman utility vehicle Total Capital Outlay -$ -$ -$ -$ -$ 25,000$ #DIV/0! Miscellaneous 101-450-5200-44300 Miscellaneous 889 521 1,200 266 800 1,200 0.00% Total Miscellaneous 889$ 521$ 1,200$ 266$ 800$ 1,200$ 0.00% 5200 Total Parks & Recreation 230,533$ 170,065$ 251,529$ 117,509$ 209,034$ 276,528$ 9.94% 9000 Compensation Adjustment Personnel 101-460-9000-41010 Compensation Adjustment - - 35,000 - - - -100.00%Incl. in personnel costs for '17 and '18 now. Total Personnel -$ -$ 35,000$ -$ -$ -$ -100.00% 9000 Total Compensation Adjustment -$ -$ 35,000$ -$ -$ -$ -100.00% Total General Fund Expenditures:3,161,952$ 3,575,683$ 3,951,386$ 2,531,797$ 4,194,928$ 4,700,538$ 18.96% Total Gen Fund Revs. Over/(Under) Expenditures:485,035$ 800,672$ -$ 103,552$ 0$ -$ #DIV/0! CITY OF LAKE ELMO 2017 FINAL AND 2018 PRELIMINARY PROPERTY TAX LEVY AS OF SEPTEMBER 19, 2017 INFORMATION SUBJECT TO CHANGE UNTIL FINAL NUMBERS RELEASED BY COUNTY IN 2018. 2017 2018 $ Change % Change Final Levy Proposed Levy 2017 to 2018 2017 to 2017 TAX CAPACITY BASED TAX LEVY General Fund 1,818,847$ 2,412,618$ 593,771$ 32.65% Library 256,957 - (256,957) -100.00% G.O. Imp. Bonds - Series 2009B 52,959 50,911 (2,048) -3.87% G.O. Imp. Bonds - Series 2010A 57,683 61,206 3,523 6.11% G.O. Cap. Imp. Xover Ref. Bonds - Series 2010B 202,605 204,519 1,914 0.94% G.O. Imp. Bonds - Series 2011A 74,368 73,254 (1,114) -1.50% G.O. Imp. Bonds - Series 2012B 62,656 61,141 (1,515) -2.42% G.O. Imp. Bonds - Series 2014A 207,218 203,045 (4,173) -2.01% G.O. Imp. Bonds - Series 2015A 17,756 28,683 10,927 61.54% G.O. Imp. Bonds - Series 2016A 199,377 189,419 (9,958) -4.99% G.O. Imp. Bonds - Series 2017A - 341,610 341,610 #DIV/0! - - - #DIV/0! TAX CAPACITY BASED TAX LEVIES 2,950,426$ 3,626,406$ 675,980$ 22.9113% Tax Capacity $14,739,232 $16,044,480 8.86% Estimated City Tax Rate 20.018%22.602%12.91% CITY TAX CAPACITY, PROPERTY TAX LEVIES AND TAX RATES BY YEAR YEAR TAX CAPACITY TAX LEVY TAX RATE 2013 11,384,320$ 3,163,359$ 27.818% 2014 11,393,889 3,163,359 27.761% 2015 13,072,105 3,137,663 23.798% 2016 13,441,204 3,112,204 23.121% 2017 14,739,232 2,950,426 20.018% 2018 Preliminary 16,044,480 3,626,406 22.602% Proposed Pay 2018 Property Tax Impact Worksheet Taxing District: STEP 1 - Calculate the Taxing District's Tax Rate: Actual Proposed % Item Pay 2017 Pay 2018 Change (A)(B)(C) 1.Levy before reduction for state aids $2,950,426 $3,626,406 22.9% 2.State Aids - $0 $0 0.0% 3.Certifed Property Tax Levy = $2,950,426 $3,626,406 22.911% 4.Fiscal Disparity Portion of Levy - $161,273 $149,615 -7.2% 5.Local Portion of Levy = $2,789,153 $3,476,791 24.7% 6.Local Taxable Value 2018 is an ESTIMATE ÷ 13,933,542 15,382,560 10.4% 7.Local Tax Rate = 20.018%22.602%12.9% 8.Market Value Referenda Levy $0 $0 0.0% 9.Fiscal Disparity Portion of Levy (SD only)- $0 $0 0.0% 10.Local Portion of Levy = $0 $0 0.0% 11.Referenda Market Value 2018 is an ESTIMATE ÷ 1,285,225,800 1,417,192,300 10.3% 12.Market Value Referenda Rate = 0.00000%0.00000%0.0% STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 13.Assumes a 1.2%change in market value from 2017 to 2018, which is the city median change. (D)(E)(F)(G)(H) Market Homestead Taxing Value Market Taxable District Before Value Market Tax Portion of Exclusion Exclusion Value Capacity Tax Actual Pay 2017 Pay 2017 76,000 @40%500,000@1.0%(A7 x G) + MV - rem @ 9%(D) - (E)rem @ 1.25%(A12 X D) 14.378,300 3,200 375,100 3,751 $750.88 15.148,200 23,900 124,300 1,243 $248.82 16.247,000 15,000 232,000 2,320 $464.42 17.420,000 0 420,000 4,200 $840.76 18.592,900 0 592,900 6,161 $1,233.31 Proposed Pay 2018 Pay 2018 MV 76,000 @40%500,000@1.0%(B7 x G) + X 1.012 - rem @ 9%(D) - (E)rem @ 1.25%(B12 x D) 19.382,800 2,800 380,000 3,800 $858.88 $108.00 20.150,000 23,700 126,300 1,263 $285.46 $36.64 21.250,000 14,700 235,300 2,353 $531.83 $67.41 22.425,000 0 425,000 4,250 $960.59 $119.83 23.600,000 0 600,000 6,250 $1,412.63 $179.32 Percentage Change from 2017 to 2018 24.1.2%-12.5%1.3%1.3%14.4% 25.1.2%-0.8%1.6%1.6%14.7% 26.1.2%-2.0%1.4%1.4%14.5% 27.1.2%0.0%1.2%1.2%14.3% 28.1.2%0.0%1.2%1.4%14.5% 0800 Lake Elmo Tax Increase (Decrease) CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-095 RESOLUTION APPROVING 2018 PRELIMINARY GENERAL FUND BUDGET, 2018 PRELIMINARY PROPERTY TAX LEVY, AND SETTING PUBLIC HEARING DATE FOR THE 2018 BUDGET AND 2018 FINAL PROPERTY TAX LEVY FOR TUESDAY DECEMBER 5, 2017 AT 7:00 P.M. WHEREAS, The City of Lake Elmo is required by State law to approve a resolution setting forth an annual property tax levy to the Washington County Auditor; and WHEREAS, Minnesota Statutes require approval of a preliminary property tax levy and a preliminary budget on or before September 30th of each year; and WHEREAS, the City Council has received the preliminary budget document; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lake Elmo, that the Preliminary 2018 Budget shall be as follows: 2018 Preliminary General Fund Revenues: Property Taxes $2,412,618 Licenses and Permit 994,400 Intergovernmental 205,896 Charges for Services 611,594 Fines and Forfeits 49,000 Interest on Investments 40,000 Miscellaneous 387,030 Total General Fund Revenues $4,700,538 General Fund Expenditures: Personnel $2,048,008 Materials and Supplies 743,015 Charges and Services 1,705,074 Capital Outlay 194,000 Miscellaneous 10,441 Total General Fund Expenditures $4,700,538 BE IT FURTHER RESOLVED that the Public Hearing will be held on Tuesday December 5, 2017 at 7:00 p.m.; and BE IT FURTHER RESOLVED that the City Council of the City of Lake Elmo, Washington County, Minnesota, that the following sums of money be levied in 2017, for collection in 2018 upon the taxable property in said City of Lake Elmo for the following purposes: 2018 Preliminary TAX CAPACITY BASED TAX LEVY Levy General Fund $2,412,618 Debt Service 1,213,788 TOTAL TAX LEVIES $3,626,406 And BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to transmit this information to the County Auditor of Washington County, Minnesota and the Minnesota Department of Revenue, if applicable, in the format requested as required by law. ADOPTED, by the Lake Elmo City Council on the 19th day of September, 2017. ______________________________ Mike Pearson Mayor ATTEST: __________________________________ Julie Johnson City Clerk