HomeMy WebLinkAbout10-16-18 Full Meeting Packet
NOTICE OF MEETING
City Council Meeting
Tuesday, October 16, 2018 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. Accept Minutes
1. October 2, 2018
D. Public Comments/Inquires E. Presentations F. Consent Agenda
2. Approve Payment of Disbursements and Payroll
3. Accept Building Department September 2018 Report
4. Accept Fire Department September 2018 Report
5. Accept Public Works September 2018 Report
6. Approve Hiring of Planning Director
7. Approve Washington County All Hazard Mitigation Plan-Resolution 2018-115
8. Approve Addition to Official Depositories of Funds-Resolution 2018-116
9. Authorize Advertising and Hiring of Warming House Attendants
10. Approve 2019 Health Insurance Rates and Benefit Plans- Resolution 2018-117
11. Approve 2018 Street Improvements – Change Order No. 2.
12. Approve 2018 Street Improvements – Payment Request No. 3.
13. Approve Old Village Ph4 Street & Utility Improvements – Change Order No. 2.
14. Approve Old Village Ph4 Street & Utility Improvements – Pay Request No. 3.
15. Approve 201 Wastewater System – Approve Connection Request for 10975 32nd Street North
16. Approve Letter of Credit Reduction for Kwik Trip
17. Approve Purchase of John Deere Gator
18. Approve Declaration of Easement on City Property
G. Regular Agenda
19. 2018 Street Improvements-Assessment Hearing; Adopt Final Assessment Roll – Resolution 2018-118
20. Old Village Ph3 Street & Utility Improvements – Assessment Hearing; Adopt Final Assessment Roll – Resolution
2018-111
21. Snow Removal from Sidewalks-Update Snow Removal Policy
22. 2019 Street Improvements – Accept Feasibility Report; Call for Public Hearing – Resolution 2018-119
23. Four Corners 1st Addition Development Agreement-Resolution No 2018-120
24. Council Members as Employees-Resolution No 2018-121
25. Heritage Farms Sanitary Sewer Extension – Accept Petition; Program Improvements in the CIP – Resolution 2018-
122
26. Hamlet on Sunfish Lake Sanitary Sewer Extension – Accept Petition; Authorize Feasibility Report and
Topographic Survey – Resolution 2018-123
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
OCTOBER 2, 2018
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 and Christine Nelson
Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Finance Director Iverson, Public Works Director Weldon and City Clerk Johnson. APPROVAL OF AGENDA
Councilmember Bloyer, seconded by Councilmember Pearson, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 3 – 0. ACCEPT MINUTES
Minutes of the September 18, 2018 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES None
PRESENTATIONS None
CONSENT AGENDA
2. Approve Payment of Disbursements and Payroll
3. Approve Request for Proposals for Auditing Services
4. Approve 2018 Street Improvements – Change Order No. 1
5. Approve Safe Assure Contract
6. Approve East Metro Water Resource Education Program Contract
Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE THE CONSENT
AGENDA AS PRESENTED. Motion passed 3 - 0. ITEM 7: Old Village Phase 3 Street & Utility Improvements – Assessment Hearing, Adopt Final Assessment Roll City Engineer Griffin reviewed the scope of the project, properties affected and final cost of the project. Engineer Griffin also reviewed the assessment summary and proposed final assessment roll.
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 2, 2018
Page 2 of 3
Councilmember Nelson, seconded by Mayor Pearson, moved TO OPEN THE PUBLIC HEARING. Motion passed 3 – 0. Dorothy Erban, 11200 Stillwater Boulevard, President of the Twin Gables Association, objected
to the assessment on their property because it was assessed equally to all units rather than by square feet of each unit. Steve Erban, 11200 Stillwater Boulevard, commented on a drainage easement on his property
and filed a formal objection to the proposed assessment.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO CLOSE THE PUBLIC HEARING. Motion passed 3 – 0.
Councilmember Bloyer, seconded by Mayor Pearson, moved TO TABLE THE CURRENT
ITEM TO THE NEXT COUNCIL MEETING. Motion passed 3 – 0. ITEM 8: Purchase of Outlot F in Sanctuary Development and Memorandum of Understanding
City Administrator Handt reviewed the proposed purchase of a tax forfeited outlot in the Sanctuary development and terms of the Memorandum of Understanding between the City and the homeowners association.
Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION
2018-112. Motion passed 3 – 0. ITEM 9: Little Free Library at Savona Park
City Administrator Handt presented a proposal from a resident interested in donating and
installing a Little Free Library in Savona Park. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2018-113. Motion passed 3 – 0.
ITEM 10: Grant for Wildflower/Village Preserve Park City Administrator City Administrator Handt reviewed Parks Commission work on the design for a new park in the Wildflower/Village Preserve area and requested approval to apply for a
grant for playground equipment.
Councilmember Nelson, seconded by Mayor Pearson, moved TO AUTHORIZE STAFF TO APPLY FOR A GAME TIME GRANT FOR LAKE HOLLYWOOD. Motion passed 3 – 0. ITEM 11: No Parking Ordinance Update
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 2, 2018
Page 3 of 3
City Administrator Handt reported that language relating to cul de sacs was removed according to prior Council direction.
Lisa McGinn, 8756 Upper 7th Place North, reported that there were several issues last winter
with emergency vehicle access to her neighborhood during snow events. Mayor Pearson, seconded by Councilmember Nelson, moved TO AMEND RESOLUTION 2018-114 BY ADDING LANGUAGE TO STATE THAT THE POLICY APPLIES CUL DE SACS INSTALLED IN 2014 OR LATER. Motion passed 2 – 1. (Bloyer – nay)
Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2018-114 AS AMENDED. Motion passed 3 – 0.
ITEM 12: Snow Removal from Sidewalks – Update Snow Removal Policy
Public Works Director Weldon provided background city policy related to snow removal from sidewalks. Brief discussion held concerning residential areas that previously did not have sidewalks.
Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE THE CURRENT
ITEM TO THE NEXT COUNCIL MEETING. Motion passed 3 – 0. COUNCIL REPORTS
Mayor Pearson: Holding a visit with the Mayor at Hagbergs on October 5th at 4:30 p.m. and
announced upcoming buckthorn pulling competition in Sunfish Lake Park on November 11th 10:00 a.m. – 2:00 p.m. STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Provided an update on water related issues.
City Clerk Johnson: Provided information on absentee voting.
City Attorney Sonsalla: Working on development agreements
City Engineer Griffin: Working on plan review and construction projects.
Meeting adjourned at 8:01 p.m.
LAKE ELMO CITY COUNCIL
ATTEST: ______________________________ Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
STAFF REPORT
-- page 1 --
DATE: October 16, 2018
CONSENT
TO: Mayor and City Council
FROM: Amy La Belle, Accountant
AGENDA ITEM: Payments & Disbursements
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND INFORMATION/STAFF REPORT:
The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations.
Below is a summary of current claims to be disbursed and paid in accordance with State law and
City policies and procedures.
FISCAL IMPACT:
Claim # Amount Description
ACH $ 96,686.73 Payroll 10/11/18
47992 – 48055 $ 986,656.44 Accounts Payable 10/16/18
TOTAL $ 1,083,343.17
RECOMMENDATION:
If removed from the consent agenda, the recommended motion is as follows:
“Motion to approve the aforementioned disbursements in the amount of $1,083,343.17”
ATTACHMENTS:
1. Accounts Payable – proof list(s)
Tl IE CITY OF I.AKE ELMO
TO: City Council
STAFF REPORT
DATE: October 16, 2018
CONSENT #3
MOTION
FROM: Michael Bent, Building Official
AGENDA ITEM: Approve Monthly Building Department Report for September 2018
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 rep01t. 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 September 2018. Comparison data is also include
from prior years for September new home single family construction and total permitting activity
for the month. Attached are the system summary reports breaking out this infonnation further,
including the statistics related to the inspection activity.
New Homes Total Valuation Average Home Value Total Permit Valuation YTD Total Residential Units YTD
FISCAL IMP ACT: None
OPTIONS:
RECOMMENDATION:
2018 12 $4,385,826
$365,485 $87,769,014 216
2017
36 $12,040,240 $334,451
$98,623,735 223
Motion to accept the September 2018 monthly building permit report as presented.
ATTACHMENTS:
1.Valuation Report
2.Pennits Issued & Fees Report
3.Inspection statistic report for September 2018
4.YTD Building Department Revenue Report
2016 42
$1,173,782 $279,494 $99,795,941 192
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #: 4
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Month End Fire Department Update for September 2018 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 43 calls in September:
2 Fire Alarms
1 Arcing/shorted electrical equipment
1 Structure fire 5 Cancelled en route 27 Medicals 3 Car accidents with injuries
1 Gas Leak
2 Car Fires 1 Grass Fire
43 Total
A Command vehicle did not respond on 12 calls for a response rate of 72%. Our average response time was 8.1 minutes from alarm to arrival. 25 calls had 3 or less responders minus the Duty Officer with 11 calls having only 1 personnel on the first due apparatus. 15 calls this
month had only shift personnel for responders.
Drills for the Month:
#1 - Department updates / Tool and equipment updates / Target Solutions (Forceable Entry) #2 - Quarterly SCBA #3 - Quarterly EMS
Points of Interest:
- PT Administrative Assistant moved into the PT hours pool due to change at full time job.
- 2 new PT Fire Fighters are moving through the process for hiring.
- Staffing continues to be an issue. Thankfully though, 1 POC recruit has begun Fire 1 training and we have another potential applicant that is already trained and in the process of moving their out-of-state certs to MN.
- 3 fire inspections completed for the month.
Part Timer Accomplishments:
- Groundskeeping and landscaping at both stations. - Cleaning and general maintenance at both station. - Facilitated cleaning and repairs at Station 2 for septic water overflow into the station bays and office area two separate times over the month. - Vehicle repairs - several vehicles required service at Oakdale Public Works.
- Helped Ancom with radio repair of T2. (still in process)
- Assisted on commercial business inspections.
- Emergency response training and drills conducted during shifts.
- Vehicle and equipment inspections.
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/16/2018
CONSENT
ITEM #: 5
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 September 2018.
PROPOSAL DETAILS/ANALYSIS:
• Easton Village 4th Pre-con Mtg.
• Street Maint. Budget Mtg. w/Focus
• Meet w/HydroCorp on water meter replacement program
• Meet w/resident at 3740 Jamaca regarding drainage issue
• Legacy at Northstar Pre-con mtg.
• Street improvement mtg w/ Focus
• Bioxide pumping station maint. @ Lisbon Lift Station w/Evoqua
• Tree removal quotes for Hill Trail 201 system and other city owned property
• MnDot snow plow simulator training at PW
• Conclude surplus auction sales
• Annual Lift Station pump inspections
• Valve and hydrant installation at Well/Tower #1
• Sewer outfall cleaning at 50th St and Demontreville Trl.
• Royal Golf Walk Through inspection
• Eden Park Storm Sewer Repair
• Safety Training
• Royal Golf Lift Station Generator start up
• Smart Salt Training – Bob Wier
• Paving of 15th St and 30th St Cir w/Oakdale PW
• Water Meter Reading
RECOMMENDATION:
Base on the activities listed above, City Council is respectfully asked to accept the September 2018
Public Works Report.
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #: 6
TO: Mayor and Council AGENDA ITEM: Approve Hiring of Planning Director SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND: At the September 4th meeting, Council authorized staff to advertise for a planning director. Four
applicants were then interviewed from the candidate pool, and Kenneth Roberts was selected as
the best candidate. ISSUE BEFORE COUNCIL: Should the Council approve the hiring of Kenneth Roberts as planning director at the terms described? PROPOSAL: Mr. Roberts has over 25 years of experience working in local government within a planning capacity. He has extensive experience in planning and land use, development review, and code enforcement. Based on his extensive experience and credentials, staff recommends hiring him at the step six of the pay range which is $3,492.00 bi-weekly ($90,792.00 annually). Additionally, it is recommended that he start with a PTO bank of 24 hours. His PTO will accrue at the starting point of 5 hours each pay period. Mr. Roberts has met all pre-employment contingencies.
FISCAL IMPACT: The estimated annual fiscal impact is approximately $120,000 including salary, taxes, and benefits. Mr. Roberts’s time will be allocated 100% to the planning department. Mr. Roberts has a tentative start date of November 5, pending Council approval
OPTIONS: 1. Hire Mr. Roberts at the terms described 2. Hire Mr. Roberts under different terms
3. Hire another candidate 4. Hire no one RECOMMENDATION: If removed from the consent agenda:
“Move to approve the hiring of Kenneth Roberts for planning director at the terms described.” ATTACHMENTS: None
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #: 7
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Adoption, by Resolution of the WASHINGTON COUNTY ALL HAZARD MITIGATION PLAN REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: Washington County Sheriff’s Office Emergency Management staff has completed the most recent update to the Washington County All Hazard Mitigation Plan. The plan update process engaged representatives from cities and townships in hazard mitigation
planning to identify risks and vulnerabilities associated with natural and manmade disasters and develop long-term strategies for protecting people and property from future hazard events.
After making the required updates to the Washington County All Hazard Mitigation Plan over the past two years, the plan was submitted to Minnesota Homeland Security and Emergency
Management and then FEMA for approval. Both agencies reviewed the plan and approved it
with no changes required.
The last step in the plan update process is the approval locally by the county board and local City Councils and Town Boards by resolution, which is what is being requested today. Please note that to have the potential to receive funding from the Hazard Mitigation Grant
Program, the Pre-Disaster Mitigation Program or the Flood Mitigation Assistance Program, local
jurisdictions must have submitted a signed resolution to the county for submittal to the State and FEMA. A FEMA-approved hazard mitigation plan is a condition for receiving certain types of non-emergency disaster assistance, including funding for mitigation projects.
ISSUE BEFORE COUNCIL: Should the Council approve Resolution 2018-115 adopting the WASHINGTON COUNTY ALL HAZARD MITIGATION PLAN PROPOSAL DETAILS/ANALYSIS: Hazard mitigation is the effort to reduce loss of life and
property by lessening the impact of disasters. It is most effective when implemented under a
comprehensive, long-term mitigation plan. Mitigation plans are key to breaking the cycle of disaster damage, reconstruction, and repeated damage.
FISCAL IMPACT: $0, unless Resolution 2018-115 is not aspproved and we require mitigation
funding as mentioned above.
OPTIONS: 1) Approval Resolution 2018-115 2) Deny approval RECOMMENDATION: Approve Adoption, by Resolution 2018-115 of the WASHINGTON COUNTY ALL HAZARD MITIGATION PLAN
ATTACHMENTS: Resolution 2018-115
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2018-115 A RESOLUTION ADOPTING WASHINGTON COUNTY ALL-HAZARD MITIGATION PLAN
WHEREAS, the City of Lake Elmo has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi-
jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and
WHEREAS, the Washington County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Washington County Plan includes a mitigation strategy including
goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Washington County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Washington County will maintain public participation and
coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and
WHEREAS, the Washington County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and
WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Lake Elmo supports the hazard mitigation planning effort and wishes to adopt the Washington County All-Hazard
Mitigation Plan. This Resolution was declared duly passed and adopted this 16th day of October, 2018.
___________________________________ Mike Pearson, Mayor ATTEST:
____________________________________ Julie Johnson, City Clerk
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #8
TO: Honorable Mayor and City Council FROM: Susan Iverson – Finance Director AGENDA ITEM: Approve Addition to Official Depositories of Funds
BACKGROUND:
Pursuant to State Statute 427.01 et seq, the City Council is respectfully being asked to designate an additional official depositories for 2018. Based upon current and likely future needs, it is recommended that the following be designated as an official depository for the City of Lake Elmo: • First Resource Bank
ISSUE BEFORE THE CITY COUNCIL: Should the Council approve investing with First Resource Bank?
FISCAL IMPACT: Designation of official depositories helps to ensure compliance with MN State Statute and that the resources entrusted to the City are maintained in official financial institutions. The addition of First Resource Bank enhances the investment opportunities available to the City of Lake Elmo and increase investment earnings. OPTIONS: 1) Approve Resolution No. 2018-116, a resolution to designate First Resource Bank as an official depository of funds.
2) Amend and then approve Resolution No. 2018-116, a resolution to designate First Resource Bank as an official depository of funds. 3) Do not approve Resolution No. 2018-116, a resolution to designate First Resource Bank as an
official depository of funds. RECOMMENDATIONS:
If removed from the consent agenda: Motion to Adopt Resolution No. 2018-116; Designate First Resource Bank as an Official Depository of Funds. ATTACHMENTS: 1) Resolution No. 2018-116; Designate First Resource Bank as an Official Depository of Funds.
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION 2018-116 A RESOLUTION TO DESIGNATE FIRST RESOURCE BANK AS AN
OFFICIAL DEPOSITORY OF FUNDS WHEREAS, Minnesota Statutes, Chapter 427, requires the adoption of certain policies and procedures pertaining to the deposit of public funds; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo,
that the following financial institutions are hereby designated as the Official Depositories of Funds:
• First Resource Bank
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 16th DAY OF OCTOBER 2018.
CITY COUNCIL CITY OF LAKE ELMO
By: __________________________ Mike Pearson
Mayor ATTEST:
________________________________
Julie Johnson City Clerk
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/16/2018
CONSENT
ITEM # 9
AGENDA ITEM: Authorization to Advertise and Hire Part-Time Warming House Attendants
SUBMITTED BY: Rob Weldon, Public Works Director
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: Each year during the winter months the Public Works Department hires part-time staff
to operate and supervise the warming house and ice rink at Lions Park. Historically the warming house is
staffed and operated 45 hours each week by part-time staff.
These positions will begin as soon as weather permits and end as temperatures increase and conditions to
keep a solid ice surface are no longer favorable.
ISSUE BEFORE COUNCIL: Should the City Council authorize posting and hiring of up to three (3)
part-time employees to staff the Lions Park Warming House during the ice skating season?
PROPOSAL DETAILS/ANALYSIS: Through the proposed advertising and hiring of part-time
warming house attendants the city assures adequate staffing and services provided to ice rink and
warming house users. Utilization of multiple employees allows the warming house to be open for more
hours without the need to pay overtime while offering a flexible schedule over nights, weekends and
holidays.
FISCAL IMPACT: Funds for these positions are included in both 2018 & 2019 General Budgets.
Hourly pay range would be $10-11, depending on experience.
These positions are not eligible for benefits.
OPTIONS:
• Authorize advertising and hiring of up to three (3) part time Warming House Attendants.
• Do not authorize advertisement and hiring of three (3) part time Warming House Attendants.
• Table for further discussion.
RECOMMENDATION: If removed from the consent agenda:
“Motion to advertise and hire up to three (3) part time Warming House Attendants for the 2018-2019
winter season.”
STAFF REPORT
DATE: October 16, 2018
ITEM #: 10
TO: Mayor and Council AGENDA ITEM 2019 Insurance Renewals SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND: At their Oct. 1, 2018 meeting, the Human Resources Committee recommended that Council approve the
insurance renewals for 2019, as proposed by staff. Staff met with the City’s insurance broker Andy
Weitnauer from NFP to discuss these insurance renewals and provide a proposal to the Human Resources
Committee. In addition to the health insurance renewal, staff requested quotes for disability and life
insurances, as well as dental.
The open enrollment meeting for employees is scheduled for October 23.
ISSUE BEFORE COMMITTEE: Should Council approve the insurance renewals as recommended by Human Resources Committee? PROPOSAL: Human Resources Committee recommended that Council approve PEIP’s renewal proposal for health insurance, Delta Dental’s renewal proposal for dental insurance, and move the City’s disability and life insurance policies to Ochs based on their proposal. The renewal rates for the 2019 PEIP health plans average to be a 4.01% decrease from 2018 without any policy changes. Clinic levels will be provided before the open enrollment period for employees this fall.
In addition to the renewal proposal received from Delta Dental, staff received an additional proposal from PEIP. Delta Dental’s provided a proposal that would keep the premiums and policy the same as 2018.
PEIPs proposal provided a slight cost savings on premiums, but also a significant reduction in benefit. Employees’ maximum annual benefit would be cut in half from $2,000 to $1,000 under PEIP’s proposal. The City would only save approximately $9 each month per employee electing family coverage, and
actually pay an additional $.81 per employee electing single coverage. Additionally, the family +1 benefit tier is lost under the PEIP plan. Due to the reduction in benefit, staff does not believe that the cost savings seen in the dental premiums for employees electing family coverage is significant enough to warrant a change. In addition to the renewal proposal from Reliance Standard for life and disability insurance coverage, staff received proposals from PEIP for life insurance, and Ochs for life and disability. PEIP’s proposal for life insurance and accidental death and dismemberment was approximately 10% lower than Reliance’s renewal proposal. PEIP does not offer disability coverage. The proposal for Ochs provided a 45% savings on life insurance premiums and a 35.85% savings on long term disability insurance, but a 12.73% increase on short term disability. Overall, there would still be a cost savings to the City. There are additional benefits that
the City would receive by switching to Ochs. The services the City would have access to are additional legal, financial, and grief resources, as well as plan portability if an employee were to leave, but would like to continue coverage. Ochs would also provide the opportunity to consolidate the supplemental life
insurance policy from a carrier that has been problematic in working with. The policy would be comparable
in both cost and features. As there is a more significant cost savings with Ochs, additional benefits, and provide the opportunity to consolidate the City’s supplemental life insurance policy, staff recommends switch these coverages to Ochs.
The City’s insurance broker also reached out to Reliance Standard to see if they are able to match or provide a more competitive proposal to the proposal received from Ochs. Based on recent claims, Reliance Standard
refused to adjust their proposal. FISCAL IMPACT: The 4.01% average decrease in premiums from PEIP would equate to an approximate annual savings of $5,400 if employee elections remained constant. The City will see no cost change in renewing their dental insurance with Delta Dental. When combining the cost savings for life and long term disability, with the increased premiums for short term disability in the Ochs offering, the City would see an annual cost savings of approximately $1,700 by switching to Ochs for these polices. The City does not anticipate any changes for employees electing the
supplemental life policy. OPTIONS: 1) Approve Resolution No. 2018-117 2) Amend and approve Resolution No. 2018-117 3) Make no approval.
RECOMMENDATION:
“Move to approve Resolution No. 2018-117” ATTACHMENTS: 1) 2019 renewal comparison documents 2) 2019 PEIP renewal letter 3) Resolution No. 2018-117
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2018-117 A RESOLUTION APPROVING THE 2019 BASIC LIFE, ACCIDENTAL DEATH AND
DISMEMBERMENT, DISABILITY, AND SUPPLEMENTAL LIFE INSURANCE PLANS, AND
HEALTH CARE PLAN ESTABLISHING CITY CONTRIBUTION TO EMPLOYEE HEALTH INSURANCE BENEFITS FOR 2019
WHEREAS, the Lake Elmo City Council has determined that it is the best interest of the
City to approve the proposal from Ochs to administer the City’s Basic life, accidental death and dismemberment, disability insurance, and supplemental life insurance plans; and
WHEREAS, the Lake Elmo City Council has determined it is in the best interest of the
City to consolidate these plans and lower the cost of premiums; and WHEREAS, the Lake Elmo City Council has determined that it is the best interest of the City to provide a health insurance plan to help maintain the health of its current
employees and to enable the city to attract and retain a quality workforce; and
WHEREAS, it is now necessary to determine the insurance plan and contributions to premium costs for the period from 1/1/2019 to 12/31/2019;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve 2019 basic life, accidental death and dismemberment, disability, and supplemental life insurance policies as proposed by Ochs, and the PEIP Advantage Plan for the period of 1/1/18 to 12/31/18; and
FURTHER BE IT RESOLVED, that for calendar year 2019, the City of Lake Elmo’s contribution to the total cost of providing health insurance benefits shall be as follows: Advantage Plan: 90% of premium for single coverage and 80% of premium for
family coverage. Value Option: 100% of premium for single coverage and 90% of premium for family coverage HSA Compatible: 100% of premium for single coverage and $100/month to HSA; 95% of premium for family coverage and $200/month to HSA.
This resolution was adopted by the City Council of the City of Lake Elmo on this ____ day of __________, 2018.
_____________________________ Mike Pearson, Mayor ATTEST:
___________________________ Julie Johnson, City Clerk
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #: 11
AGENDA ITEM: 2018 Street Improvements – Change Order No. 2
SUBMITTED BY: Amanda Groh, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 2 for the 2018 Street
Improvements? BACKGROUND: Valley Paving, Inc. was awarded a construction contract on May 15, 2018 to complete
the 2018 Street Improvements project. Construction is in progress. PROPOSAL DETAILS/ANALYSIS: Valley Paving, Inc., has submitted a change order to address additional work completed to add a one-foot barrel section to structures where more than one-foot of adjusting rings were found. This allowed for less than one-foot of adjusting rings below the casting to meet City standards. FISCAL IMPACT: This change order will increase the contract in the amount of $2,066.87 bringing the revised construction contract to $1,045,203.57. 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 2018 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 2018 Street Improvement Project, thereby increasing the contract amount by $2,066.87”. ATTACHMENTS:
1. Change Order No. 2.
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #: 12
AGENDA ITEM: 2018 Street Improvements – Pay Request No. 3
SUBMITTED BY: Amanda Groh, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 3 for the 2018 Street Improvements? BACKGROUND: Valley Paving, Inc. was awarded a construction contract on May 15, 2018 to complete the 2018 Street Improvements project. Construction work is in progress. On October 2, 2018, the contractor was granted a three-week extension from their original completion date of September 21, 2018. The current substantial completion date for the project is October 12, 2018. PROPOSAL DETAILS/ANALYSIS: Valley Paving, Inc., has submitted Partial Pay Request No. 3 in the amount of $246,415.75. 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 $26,742.12. 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 2018 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 Valley Paving, Inc. in the amount of $246,415.75 for the 2018
Street Improvements project”.
ATTACHMENTS: 1. Partial Pay Estimate No. 3
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #: 13
AGENDA ITEM: Old Village Phase 4 Street, Drainage, and Utility Improvements – Change
Order No. 2
SUBMITTED BY: Chad Isakson, Project Engineer
REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 2 for the Old Village Phase 4 Street, Drainage, and Utility Improvements? BACKGROUND: A-1 Excavating, Inc. was awarded a construction contract on June 5, 2018 to complete the Old Village Phase 4 Street, Drainage, and Utility Improvements project. Construction is in progress. PROPOSAL DETAILS/ANALYSIS: A-1 Excavating, Inc., has submitted a change order to address additional work being requested by the City including:
1. City staff has requested the installation of a split rail fence along the east property line of Lions Park. The fence will extend from the playground equipment south past the volleyball court.
2. Engineering is recommending use of high early concrete mix to pour commercial driveway entrances along Laverne Avenue and 36th Street to reduce the cure time from 7-days to 3-days. The use of high early concrete mix will reduce the time period that business access is closed along the
street front. FISCAL IMPACT: This change order will increase the contract in the amount of $6,993.00 bringing the revised construction contract to $1,730,255.21. 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 Old Village Phase 4 Street, Utility, and Drainage 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 Old Village Phase 4 Street, Drainage, and Utility Improvement Project, thereby increasing the contract amount by $6,993.00”. ATTACHMENTS: 1. Change Order No. 2.
CONTRACT CHANGE ORDER FORM
CHANGE ORDER NO.DATE:
TO:
UNIT
LF
CY
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 APPROVED BY CONTRACTOR
DATE DATE
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
DATE DATE
$6,993.00
CITY OF LAKE ELMO, MINNESOTA
BYBY
CHANGE ORDER DESCRIPTION / JUSTIFICATION:
This change order addresses additional work scope as requested by the City and as detailed below.
1) City staff has requested the installation a split rail fence along the east property line of Lions Park, from the playground
equipment passed the volleyball court.
2) Engineering is recommending the use high early concrete mix to pour commercial driveway entrances along Layton Avenue
and 36th Street to reduce cure time from 7‐days to 3‐days. The use of high early concrete mix will reduce the time period that
business access is closed along the street front.
Attachments (list documents supporting change):N/A
DESCRIPTION OF PAY ITEM QTY UNIT PRICE
CO2‐1 Split Rail Fence
NET CONTRACT CHANGE
ITEM
$4,529.00
$2,464.00CO2‐2 High Early Concrete Mix 70 $35.20
350 $12.94
A‐1 Excavating, Inc, 408 26th Avenue PO Box 90, Bloomer, WI 54724
OLD VILLAGE PHASE 4 IMPROVEMENTS
PROJECT NO. 2017.157
2 October 4, 2018
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
1,698,744.21
24,518.00
1,723,262.21
6,993.00
1,730,255.21
INCREASE/(DECREASE)
10/4/2018
FOCUS Engineering, inc.CHANGE ORDER FORM
10/5/18
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #: 14
AGENDA ITEM: Old Village Phase 4 Street, Drainage & Utility Improvements – Pay Request #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 4: Street, Drainage and Utility Improvements? BACKGROUND: A-1 Excavating, Inc. was awarded a construction contract on June 5, 2018 to complete
the Old Village Phase 4: Street, Drainage, and Utility Improvements. The substantial completion date for the project is October 20, 2018. PROPOSAL DETAILS/ANALYSIS: A-1 Excavating, Inc., has submitted Partial Pay Request No. 3 in the amount of $375,924.59. 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 $51,292.88. 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 4: Street, Drainage, and Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Pay Request No. 3 to A-1 Excavating, Inc. in the amount of $375,924.59 for the Old Village Phase 4: Street, Drainage, and Utility Improvements project”. ATTACHMENTS:
1. Partial Pay Estimate No. 3.
PARTIAL PAY ESTIMATE NO. 3
OLD VILLAGE PHASE 4 IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2017.157
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
1 LS 1 $85,000.00 $85,000.00 0.25 $21,250.00 0.75 $63,750.00
2 ACRE 0.2 $11,000.00 $2,200.00 0.00 $0.00 0.25 $2,750.00
3 TREE 17 $550.00 $9,350.00 2.00 $1,100.00 20.00 $11,000.00
4 EACH 3 $220.00 $660.00 0.00 $0.00 3.00 $660.00
5 SY 516 $3.00 $1,548.00 516.00 $1,548.00 516.00 $1,548.00
6 LF 1284 $8.00 $10,272.00 147.00 $1,176.00 1,215.00 $9,720.00
7 LF 100 $5.00 $500.00 0.00 $0.00 0.00 $0.00
8 LF 300 $5.00 $1,500.00 0.00 $0.00 300.00 $1,500.00
9 LF 460 $5.00 $2,300.00 0.00 $0.00 620.00 $3,100.00
10 LF 1100 $5.50 $6,050.00 0.00 $0.00 0.00 $0.00
11 SY 5743 $3.00 $17,229.00 0.00 $0.00 5,743.00 $17,229.00
12 SY 1710 $2.50 $4,275.00 0.00 $0.00 1,710.00 $4,275.00
13 SY 2266 $2.50 $5,665.00 843.00 $2,107.50 1,854.00 $4,635.00
14 SY 369 $2.50 $922.50 146.00 $365.00 246.00 $615.00
15 SF 88 $2.50 $220.00 41.40 $103.50 41.40 $103.50
16 LF 50 $11.00 $550.00 0.00 $0.00 70.00 $770.00
17 LF 115 $12.00 $1,380.00 115.00 $1,380.00 115.00 $1,380.00
18 EACH 2 $125.00 $250.00 2.00 $250.00 2.00 $250.00
19 EACH 2 $225.00 $450.00 1.00 $225.00 2.00 $450.00
20 EACH 5 $350.00 $1,750.00 3.00 $1,050.00 5.00 $1,750.00
21 EACH 1 $7,000.00 $7,000.00 1.00 $7,000.00 1.00 $7,000.00
22 EACH 4 $350.00 $1,400.00 0.00 $0.00 4.00 $1,400.00
23 LF 180 $12.00 $2,160.00 0.00 $0.00 0.00 $0.00
24 LF 950 $8.00 $7,600.00 865.00 $6,920.00 865.00 $6,920.00
25 LF 276 $5.00 $1,380.00 136.00 $680.00 136.00 $680.00
26 LF 1265 $3.50 $4,427.50 239.00 $836.50 239.00 $836.50
27 LF 40 $25.00 $1,000.00 0.00 $0.00 20.00 $500.00
28 EACH 2 $55.00 $110.00 0.00 $0.00 0.00 $0.00
29 EACH 10 $250.00 $2,500.00 0.00 $0.00 5.00 $1,250.00
30 EACH 16 $225.00 $3,600.00 0.00 $0.00 8.00 $1,800.00
31 EACH 4 $950.00 $3,800.00 0.00 $0.00 4.00 $3,800.00
32 EACH 1 $350.00 $350.00 1.00 $350.00 1.00 $350.00
33 SF 50 $30.00 $1,500.00 0.00 $0.00 0.00 $0.00
34 CY 8030 $13.00 $104,390.00 4,751.00 $61,763.00 5,171.00 $67,223.00
35 CY 600 $18.00 $10,800.00 122.30 $2,201.40 122.30 $2,201.40
36 CY 5221 $14.20 $74,138.20 2,755.00 $39,121.00 2,755.00 $39,121.00
37 CY 420 $20.00 $8,400.00 0.00 $0.00 0.00 $0.00
38 SY 3493 $2.50 $8,732.50 2,386.00 $5,965.00 2,386.00 $5,965.00
39 CY 2085 $21.80 $45,453.00 1,147.00 $25,004.60 1,147.00 $25,004.60
40 HOUR 40 $145.00 $5,800.00 10.00 $1,450.00 20.00 $2,900.00
41 GAL 265 $1.50 $397.50 0.00 $0.00 0.00 $0.00
42 TON 447 $93.00 $41,571.00 0.00 $0.00 0.00 $0.00
43 TON 60 $93.00 $5,580.00 0.00 $0.00 0.00 $0.00
44 TON 147 $75.00 $11,025.00 0.00 $0.00 0.00 $0.00
45 TON 357 $79.00 $28,203.00 0.00 $0.00 0.00 $0.00
46 TON 119 $1.10 $130.90 0.00 $0.00 0.00 $0.00
47 TON 194 $72.00 $13,968.00 0.00 $0.00 0.00 $0.00
48 TON 378 $76.85 $29,049.30 0.00 $0.00 0.00 $0.00
49 TON 216 $88.96 $19,215.36 0.00 $0.00 0.00 $0.00
50 LF 495 $3.70 $1,831.50 0.00 $0.00 0.00 $0.00
51 LF 748 $10.00 $7,480.00 0.00 $0.00 462.00 $4,620.00
52 LS 1 $7,000.00 $7,000.00 0.50 $3,500.00 0.50 $3,500.00
53 EACH 4 $975.00 $3,900.00 4.00 $3,900.00 4.00 $3,900.00
54 EACH 3 $1,060.00 $3,180.00 3.00 $3,180.00 3.00 $3,180.00
55 EACH 1 $1,180.00 $1,180.00 1.00 $1,180.00 1.00 $1,180.00
56 LF 2455 $11.00 $27,005.00 1,157.00 $12,727.00 1,157.00 $12,727.00
57 LF 60 $16.50 $990.00 0.00 $0.00 0.00 $0.00
58 EACH 25 $405.00 $10,125.00 6.00 $2,430.00 6.00 $2,430.00
59 EACH 8 $620.00 $4,960.00 0.00 $0.00 0.00 $0.00
60 LF 1496 $47.00 $70,312.00 0.00 $0.00 1,520.00 $71,440.00
61 LF 176 $51.00 $8,976.00 104.00 $5,304.00 155.00 $7,905.00
62 LF 293 $54.00 $15,822.00 277.00 $14,958.00 277.00 $14,958.00
63 LF 412 $59.00 $24,308.00 478.00 $28,202.00 478.00 $28,202.00
64 LF 575 $151.00 $86,825.00 0.00 $0.00 575.00 $86,825.00
65 LF 116 $142.00 $16,472.00 116.00 $16,472.00 116.00 $16,472.00
66 LF 45 $162.00 $7,290.00 0.00 $0.00 45.00 $7,290.00
67 EACH 2 $3,230.00 $6,460.00 0.00 $0.00 2.00 $6,460.00
68 EACH 1 $1,550.00 $1,550.00 0.00 $0.00 1.00 $1,550.00
69 EACH 2 $2,060.00 $4,120.00 2.00 $4,120.00 2.00 $4,120.00
70 EACH 3 $2,490.00 $7,470.00 3.00 $7,470.00 3.00 $7,470.00
71 EACH 1 $8,325.00 $8,325.00 1.00 $8,325.00 1.00 $8,325.00
72 EACH 1 $3,380.00 $3,380.00 1.00 $3,380.00 1.00 $3,380.00
73 EACH 3 $3,780.00 $11,340.00 1.00 $3,780.00 3.00 $11,340.00
74 EACH 1 $9,080.00 $9,080.00 0.00 $0.00 1.00 $9,080.00
75 EACH 1 $11,050.00 $11,050.00 0.00 $0.00 1.00 $11,050.00
76 EACH 1 $23,000.00 $23,000.00 0.00 $0.00 1.00 $23,000.00
77 EACH 7 $325.00 $2,275.00 0.00 $0.00 7.00 $2,275.00
78 EACH 5 $370.00 $1,850.00 0.00 $0.00 5.00 $1,850.00
42" RC Pipe Sewer, Des 3006 CL III
18" RC Pipe Sewer, Des 3006 CL V
44" Span RC Pipe‐Arch Sewer, CL IIA
Connect to Existing Sanitary Sewer
Construct Drainage Structure 27" (w/ Casting)
Construct Drainage Structure 2'x3' (w/ Casting)
12" RC Pipe Sewer, Des 3006 CL V
Construct Drainage Structure Des. CC ‐ 48" (w/ Casting)
Construct Drainage Structure Des. CC ‐ 48" Special (w/ 4' Sump, MH Baffle
Construct Drainage Structure Des. CC ‐ 60" (w/ Casting)
Construct Drainage Structure Des. CC ‐ 72" (w/ Casting)
Construct Drainage Structure Des. CC ‐ 84" (w/ Casting)
Construct Drainage Structure Des. CC ‐ 96" (w/ Casting)
Construct Drainage Structure Des. CC ‐ 120" (w/ Casting)
8"X4" PVC Wye, SDR 26
8"X6" PVC Wye, SDR 26
Geotextile Fabric, Type V
Agg. Base, Cl. 6 (CV) (P)
Street Sweeping
Bit. Material for Tack Coat
Type SP 9.5 Wearing Course Mix (2,B) (Parking Lots, Driveways & Bike Trails
Type SP 12.5 Wearing Course Mix (3,C)
Bituminous Wedge Paving
Saw & Seal Joint (40' Intervals)
Pipe Foundation Rock
Trench Drain and Grate System
Type SP 9.5 Wearing Course Mix (2,B) (Pickleball Courts)
Type SP 9.5 Wearing Course Mix (3,B)
Type SP 9.5 Wearing Course Mix (3,C)
Type SP 12.5 Wearing Course Mix (2,B) (Pickleball Courts)
Type SP 12.5 Wearing Course Mix (3,B)
Draintile Cleanout
Draintile Cleanout Casting (R‐1914‐A)
8" PVC Pipe Sewer (SDR 26)
12" RC Pipe Apron w/Trash Guard
15" RC Pipe Apron w/Trash Guard
18" RC Pipe Apron w/Trash Guard
4" PVC Perf. Edge Drain w/ Backfill & Wrap
4" PVC Pipe Sewer
36" Span RC Pipe‐Arch Sewer, CL IIA
Salvage Lighting Unit
15" RC Pipe Sewer, Des 3006 CL V
Remove Playground Edging
Remove Tennis Court Fencing
Remove Conductors and Conduit
Pulverize Bituminous Pavement (P)
Remove Retaining Wall
Remove Bollards
Remove Bituminous Tennis & Basketball Court Pavement
Remove Concrete Driveway Pavement
Remove Concrete Walk
Remove Culvert
Salvage and Install Wooden Fence & Archway
Salvage Sign (Type C or Street Name Sign)
Salvage & Install Sign Type C
Salvage & Install Mailbox Assembly
Remove Bituminous Driveway & Parking Lot Pavement
Salvage Basketball Hoop & Pole Assembly
Remove Gate Valve & Box
Salvage & Install Landscape Steps (Incl. Mulch & Steps)
Common Excavation (P)
Subgrade Correction (EV)(Includes Select Granular Borrow ‐ Mod 5%)
Select Granular Borrow ‐ Mod. 5% (CV) (P)
Volleyball Court Sand (18" Depth)
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
DIVISION 1
Mobilization
Clearing & Grubbing
Clearing & Grubbing
Remove Hydrant
Remove Service Cabinet
Remove Light Foundation
Abandon Culvert Pipe
Abandon Water Main
Sawing Concrete Pavement (Full Depth)
Sawing Bit Pavement (Full Depth)
Grub Stump
Remove Mulch
Remove Concrete Curb & Gutter
Remove Water Main Pipe
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
79 EACH 1 $2,000.00 $2,000.00 0.00 $0.00 1.00 $2,000.00
80 EACH 10 $105.00 $1,050.00 0.00 $0.00 10.00 $1,050.00
81 EACH 10 $645.00 $6,450.00 1.00 $645.00 10.00 $6,450.00
82 LF 233 $37.00 $8,621.00 186.00 $6,882.00 264.00 $9,768.00
83 LF 164 $39.00 $6,396.00 84.00 $3,276.00 181.00 $7,059.00
84 LF 335 $36.00 $12,060.00 38.00 $1,368.00 297.00 $10,692.00
85 LF 625 $32.00 $20,000.00 0.00 $0.00 630.00 $20,160.00
86 EACH 22 $85.00 $1,870.00 0.00 $0.00 0.00 $0.00
87 EACH 6 $3,750.00 $22,500.00 0.00 $0.00 6.00 $22,500.00
88 LF 1496 $1.50 $2,244.00 1,496.00 $2,244.00 1,496.00 $2,244.00
89 SY 18 $36.00 $648.00 3.60 $129.60 10.60 $381.60
90 LF 200 $25.00 $5,000.00 0.00 $0.00 0.00 $0.00
91 LS 1 $8,000.00 $8,000.00 0.00 $0.00 1.00 $8,000.00
92 EACH 19 $200.00 $3,800.00 12.00 $2,400.00 21.00 $4,200.00
93 EACH 5 $490.00 $2,450.00 0.00 $0.00 4.00 $1,960.00
94 EACH 19 $360.00 $6,840.00 12.00 $4,320.00 20.00 $7,200.00
95 EACH 5 $680.00 $3,400.00 0.00 $0.00 4.00 $2,720.00
96 EACH 4 $1,700.00 $6,800.00 2.00 $3,400.00 5.00 $8,500.00
97 EACH 24 $200.00 $4,800.00 12.00 $2,400.00 22.00 $4,400.00
98 EACH 3 $180.00 $540.00 0.00 $0.00 0.00 $0.00
99 EACH 8 $4,290.00 $34,320.00 0.00 $0.00 7.00 $30,030.00
100 EACH 9 $1,300.00 $11,700.00 1.00 $1,300.00 9.00 $11,700.00
101 EACH 2 $1,650.00 $3,300.00 1.00 $1,650.00 5.00 $8,250.00
102 LF 705 $38.00 $26,790.00 426.00 $16,188.00 711.00 $27,018.00
103 LF 170 $45.00 $7,650.00 0.00 $0.00 130.00 $5,850.00
104 LF 128 $51.00 $6,528.00 0.00 $0.00 92.00 $4,692.00
105 LF 2120 $54.00 $114,480.00 56.00 $3,024.00 2,051.00 $110,754.00
106 LB 925 $8.00 $7,400.00 280.00 $2,240.00 1,393.00 $11,144.00
107 CY 10 $100.00 $1,000.00 6.00 $600.00 6.00 $600.00
108 SF 1605 $5.05 $8,105.25 0.00 $0.00 0.00 $0.00
109 SF 50 $6.75 $337.50 0.00 $0.00 0.00 $0.00
110 EACH 50 $7.40 $370.00 0.00 $0.00 0.00 $0.00
111 LF 400 $24.50 $9,800.00 0.00 $0.00 0.00 $0.00
112 LF 966 $14.50 $14,007.00 0.00 $0.00 0.00 $0.00
113 LF 2400 $14.00 $33,600.00 0.00 $0.00 0.00 $0.00
114 LF 630 $12.50 $7,875.00 0.00 $0.00 0.00 $0.00
115 LF 390 $28.00 $10,920.00 612.00 $17,136.00 612.00 $17,136.00
116 LF 300 $34.00 $10,200.00 0.00 $0.00 0.00 $0.00
117 SY 355 $67.00 $23,785.00 0.00 $0.00 0.00 $0.00
118 SY 500 $77.00 $38,500.00 0.00 $0.00 0.00 $0.00
119 SY 150 $58.00 $8,700.00 0.00 $0.00 0.00 $0.00
120 SF 20 $71.00 $1,420.00 0.00 $0.00 0.00 $0.00
121 EACH 1 $10,400.00 $10,400.00 0.00 $0.00 0.00 $0.00
122 EACH 1 $5,240.00 $5,240.00 0.00 $0.00 0.00 $0.00
123 EACH 1 $1,340.00 $1,340.00 0.00 $0.00 0.00 $0.00
124 EACH 4 $1,660.00 $6,640.00 0.00 $0.00 0.00 $0.00
125 EACH 4 $1,400.00 $5,600.00 0.00 $0.00 0.00 $0.00
126 LF 280 $12.40 $3,472.00 0.00 $0.00 0.00 $0.00
127 LF 950 $2.50 $2,375.00 0.00 $0.00 0.00 $0.00
128 LF 960 $1.45 $1,392.00 0.00 $0.00 0.00 $0.00
129 LS 1 $5,500.00 $5,500.00 0.25 $1,375.00 0.75 $4,125.00
130 SF 36 $60.00 $2,160.00 0.00 $0.00 0.00 $0.00
131 EACH 2 $385.00 $770.00 0.00 $0.00 0.00 $0.00
132 LF 80 $8.80 $704.00 0.00 $0.00 0.00 $0.00
133 LF 1250 $1.00 $1,250.00 0.00 $0.00 0.00 $0.00
134 LS 1 $6,600.00 $6,600.00 0.00 $0.00 0.00 $0.00
135 EACH 4 $1,650.00 $6,600.00 0.00 $0.00 0.00 $0.00
136 EACH 4 $4,400.00 $17,600.00 0.00 $0.00 0.00 $0.00
137 LF 360 $3.50 $1,260.00 40.00 $140.00 140.00 $490.00
138 EACH 8 $150.00 $1,200.00 0.00 $0.00 0.00 $0.00
139 CY 2382 $30.00 $71,460.00 0.00 $0.00 0.00 $0.00
140 SY 7563 $5.30 $40,083.90 0.00 $0.00 0.00 $0.00
141 ACRE 0.06 $10,450.00 $627.00 0.00 $0.00 0.00 $0.00
142 SY 250 $3.00 $750.00 0.00 $0.00 0.00 $0.00
143 SY 463 $8.60 $3,981.80 0.00 $0.00 0.00 $0.00
144 LF 750 $3.00 $2,250.00 0.00 $0.00 0.00 $0.00
145 SY 675 $9.00 $6,075.00 0.00 $0.00 0.00 $0.00
146 SY 45 $5.50 $247.50 0.00 $0.00 0.00 $0.00
147 EACH 3 $1,200.00 $3,600.00 0.00 $0.00 3.00 $3,600.00
$1,698,744.21 $371,492.10 $1,001,639.60
TOTALS ‐ BASE CONTRACT $1,698,744.21 $371,492.10 $1,001,639.60
CHANGE ORDER NO. 1
CO1‐1 LF 262 $59.00 $15,458.00 262.00 $15,458.00 262.00 $15,458.00
CO1‐2 EACH 2 $2,490.00 $4,980.00 2.00 $4,980.00 2.00 $4,980.00
CO1‐3 EACH 1 $3,780.00 $3,780.00 1.00 $3,780.00 1.00 $3,780.00
CO1‐4 EACH 2 $150.00 $300.00 0.00 $0.00 0.00 $0.00
TOTALS ‐ CHANGE ORDER NO. 1 $24,518.00 $24,218.00 $24,218.00
TOTALS ‐ REVISED CONTRACT $1,723,262.21 $395,710.10 $1,025,857.60
Erosion Control Blanket Category 3N
Turf Reinforcement Mat Category 1
Sediment Control Log
Wood Playground Chips (12" Depth)
Wood Landscape Mulch (4" thick)
Sign, Type Special (Street Name)
4" Solid Line White Epoxy
4" Double Solid Yellow Epoxy
Color Coating for Pickleball Courts
Pickleball Court Striping Epoxy
Pickleball Net and Post System
Silt Fence, Preassembled
Storm Drain Inlet Protection
Common Topsoil Borrow (Pulverized) (LV)
Light Foundation
Install Lighting Unit
2" Non‐Metallic Conduit
Underground Wire 1/C 8 AWG
Underground Wire 1/C 12 AWG
Traffic Control
Sign Panels, Type C
Sodding, Type Mineral
Seeding (Seed Mixture Type 33‐261)
B6 Concrete Curb
B612 Concrete Curb & Gutter
2" Pressure Cleanout & Curbstop Assembly
2"x1‐1/4" Fused Tee
1‐1/4" Curb Stop & Box
4" PVC Sanitary Service Pipe ‐ Sch40
6" PVC Sanitary Service Pipe ‐ Sch40
1‐1/4" HDPE Service Pipe
Construct Drainage Struct Des. CC‐48" (w/ Casting)
SUBTOTAL ‐ DIVISION 1
Construct Drainage Struct Des. CC‐72" (w/ Casting)
Storm Sewer Drain Inlet Protection
Service Equipment
Equipment Pad
24" Concrete Edging (Pickleball Court)
Surmountable Concrete Curb (Playground)
6" Concrete Driveway Pavement
8" Concrete Driveway Pavement
2" HDPE Pressure Pipe
Tracer Wire Box ‐ (at property line)
Sanitary Sewer Manhole (10' Deep)
Sewer Televising
2" Rigid Insulation
Relocate Irrigation System
Temporary Water Service
1" Corporation Stop
2" Corporation Stop
6" Concrete Pavement
Truncated Domes
Service Cabinet
18" RC Pipe Sewer, Des 3006 CL V
1" Curb Stop & Box
2" Curb Stop & Box
Connect to Existing Water Main
Water Main Fittings
Random Rip‐Rap, Class III (includes Geotextile Fabric)
5" Concrete Walk
6" Concrete Walk ‐ Pedestrian Ramp
Epoxy‐Coated Reinforcement Bars
Temporary Rock Construction Entrance
Connect to Existing Water Service
Adjust Gate Valve Box
Hydrant
6" Gate Valve & Box
8" Gate Valve & Box
1" Type K Copper Pipe
2" Type K Copper Pipe
6" Water Main DIP ‐ CL 52 (Poly Encased)
8" Water Main DIP ‐ CL 52 (Poly Encased)
B618 Concrete Curb & Gutter
18" Concrete Ribbon Curb
STAFF REPORT
DATE: October 16, 2018
CONSENT
ITEM #: 15
AGENDA ITEM: 201 Wastewater System – Approve Connection Request for 10975 32nd Street.
SUBMITTED BY: Chad Isakson, Assistant City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council allow 10975 32nd Street to connect to the City’s Village Remote C 201 wastewater system located along 32nd Street North? BACKGROUND AND PROPOSAL DETAILS/ANALYSIS: City staff has received a request from Brian J Boyle SB Trust at 10975 32nd Street to connect to the City’s Village Remote C 201 wastewater system located on 32nd Street on the north end of Lake Elmo. The property currently does not have an individual onsite wastewater treatment system and resides within the City’s 2040 MUSA boundaries. The property is currently for sale. The Village Remote C 201 wastewater system was originally designed to serve 5 properties, however several additional properties have connected to the system since 2002. The last property to connect was in 2012 after Washington County performed a system inspection at the City’s request and found the drain field to be operating under capacity and at roughly 50% of its useful life. Staff has therefore been recommending that the Council allow connection to the Village Remote C 201 wastewater system contingent upon the
property owner entering into an assessment agreement to address the future connection to municipal sanitary sewer when it becomes available.
The assessment agreement requires the property owner to acknowledge that they are responsible for all costs to make the connection, including a connection fee to the City in the amount of $10,050. The agreement further states that the City has agreed to grant this connection as a temporary solution until the
City’s sanitary sewer system is extended to the property upon which time the property will be required to connect to the sanitary sewer system within six months. The property is located along 32nd Street north which is part of the Old Village Phase 5 Improvements currently scheduled in the City CIP for 2021. The property owner has signed the assessment agreement. The connection fee was determined by indexing forward the original assessment amount that was levied to the properties in 1987 to current 2018 dollars, using the ENR construction cost index. This process is consistent with the connection fee determination for the 2012 property connection. FISCAL IMPACT: The City would receive a one-time connection fee in the amount of $10,050 and would retain its ability to fully assess the property at the time that municipal sanitary sewer is extended to the property.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, the connection request for 10975 32nd Street North to the City’s Village Remote C 201 wastewater system. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to allow 10975 32nd Street North to connect to the city’s
Village Remote C 201 wastewater system”.
ATTACHMENTS: 1. Assessment Agreement.
2. Location Map.
STAFF REPORT
DATE: October 16, 2018
CONSENT #16
AGENDA ITEM: Kwik Trip LOC Release
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: In 2015, Kwik Trip provided the City of Lake Elmo with a Letter of Credit (LOC) in the amount
of $104,971.25 for construction and landscaping improvements at their Hudson Blvd and Keats Ave location. ISSUE BEFORE COUNCIL: Should the Council release the Letter of Credit for Kwip Trip?
PROPOSAL: All construction punch list items have been completed. An inspection was recently completed which found that the landscaping required by the development had been completed and maintained through the two year warranty period. Given that there are no outstanding issues to address, staff
is recommending the Letter of Credit is released. FISCAL IMPACT: $104,971.25 LOC will be returned.
OPTIONS: 1) Approve the Letter of Credit release for Kwik Trip 2) Amend the Letter of Credit reduction for Kwik Trip 3) Do not release the Letter of Credit for Kwik Trip
RECOMMENDATION: If removed from the consent agenda: “Motion to release the Letter of Credit for Kwik Trip.” ATTACHMENTS:
• None
STAFF REPORT
DATE: 10/16/2018
ITEM #: 17
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Purchase of John Deere Gator
REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director
BACKGROUND: Included in the adopted 2018 Capital Improvement Plan is the replacement of the
current 2003 Cushman Haulster operated by the Public Works Department. This piece of equipment is utilized in the city parks system to groom baseball fields, playground maintenance and general park maintenance.
ISSUE BEFORE COUNCIL: Does the City Council approve replacement of the 2003 Cushman Haulster? PROPOSAL DETAILS/ANALYSIS: Do to age, repairs and unreliability Public Works has determined that its Cushman utility vehicle is need in of replacement. This vehicle is used daily in the summer by both seasonal and fulltime staff to maintain the city park system. Key uses for this piece of equipment are baseball field grooming, playground maintenance and general park maintenance. Public Works staff has equipped the existing, and plan to equip the replacement unit with a ballfield groomer, tank for spot weed treatments, and racks for weed and tree trimming tools. Staff has researched and demoed several new utility vehicles in an effort to determine which will meet the
department’s needs. After careful consideration staff feels that a John Deere Pro-Gator is well suited to meet the needs for park and other public works maintenance activities. FISCAL IMPACT: Cost of the John Deere Pro-Gator and Rahn Grooming Equipment will be paid for out of the Capital Outlay Program for an amount not to exceed $25,000. Approximate cost breakdown is as follows.
• $18,408.88 = Pro Gator (includes $4,496 for Cushman trade)
• $2,594.12 = Rahn Grooming Equipment OPTIONS:
• Approve Purchase of Pro Gator and Rahn Grooming Equipment
• Deny Purchase of Pro Gator and Rahn Grooming Equipment
• Table for further discussion RECOMMENDATION:
“Motion to approve the purchase of a John Deere Pro Gator and Rahn Grooming Equipment from Frontier Ag and Turf (Sourcewell Cooperative Purchasing), for an amount not to exceed $25,000”
Page 2
ATTACHMENTS:
• Pro Gator Quote - Frontier Ag and Turf (Sourcewell Cooperative Purchasing)
• Rahn Grooming Equipment Quote – Frontier Ag and Turf
• Turfweks/Jacobson - Quote
Eagan, MN - Johnston, IA - Omaha, NE - St Louis, MO
Equipment Quote
Customer Name City of Lake Elmo Date 8/29/2018
Account Number Ship Address
Contact Person Rob Weldon & Jamie Colemer City Lake Elmo
Phone Number 651.747.3941 State MN
Mobile Number Zip Code
Fax Number Email Address RWeldon@lakeelmo.org
PO Number:X Quote Expires:9/28/2018
Deliver Date:X Special Terms:NJPA/Sourcewell Contract Pricing
MODEL #QTY PRODUCT DESCRIPTION UNIT PRICE TOTAL
666485G01 1 NEW Jacobsen Truckster XD 2WD; Gas $20,161.30 20,161.30$
4317494 1 4 Post ROPS $319.68 319.68$
4331487 1 Canopy $533.54 533.54$
4348346 1 Mirror Kit $235.32 235.32$
4334606 1 Premium Suspension Seats $354.46 354.46$
4300891 1 66" Heavy Duty Box & Tailgate $1,904.76 1,904.76$
4294631 1 Rear Hitch $384.80 384.80$
4338587 1 Turn Signals $210.16 210.16$
-$
Truck Sub Total:$24,104.02 -$
-$
CT GL650 XD-C 1 Rahn Groomer w/ Heavy Duty & Spring Tine Scarifiers $2,995.00 2,995.00$
-$
Truck & Groomer Sub Total:$27,099.02 -$
-$
-$
-$
Trade Option: -$
1 2003 Cushman Truckster -$1,000.00 (1,000.00)$
-$
Truck & Groomer LESS Trade Total:$26,099.02 -$
-$
-$
-$
-$
-$
-$
-$
-$
Notes Subtotal
Sales Tax -$
TOTAL -$
Applicable Taxes Not Included
Standard Manufactures Warranty
Freight, Setup & Delivery Included
NJPA/Sourcewell Contract Number: 062117-JSC
City of Lake Elmo NJPA/Sourcewell ID Number: 28866
Adam Hoffman - Territory Sales Manager - 612.802.3149 - ahoffman@turfwerks.com
1710 Alexander Road, Eagan, MN 55121
Date:19 July 2018 Offer Expires: 26 October 2018
Confidential
Quote Id: 17838636
ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR):
Deere & Company
2000 John Deere RunCary, NC 27513
FED ID: 36-2382580; DUNS#: 60-7690989
ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER:
Frontier Ag & Turf
12040 Point Douglas Dr SouthHastings, MN 55033
651-437-7747
patb@frontieragturf.com
Prepared For:
City Of Lake Elmo
Proposal For:
Delivering Dealer:
Bruce Speirs
Frontier Ag & Turf
12040 Point Douglas Dr South
Hastings, MN 55033
651-437-7747
patb@frontieragturf.com
Quote Prepared By:
BRUCE SPEIRS
651-319-2547
bruces@frontieragturf.com
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580; DUNS#: 60-7690989
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
Frontier Ag & Turf
12040 Point Douglas Dr South
Hastings, MN 55033
651-437-7747patb@frontieragturf.com
Confidential
Salesperson : X ______________Accepted By : X ______________
Quote Summary
Prepared For:
City Of Lake Elmo
3445 Ideal Ave NLake Elmo, MN 55042Business: 651-747-3941
RWELDON@LAKEELMO.ORG
Delivering Dealer:
Frontier Ag & TurfBruce Speirs
12040 Point Douglas Dr SouthHastings, MN 55033
Phone: 651-437-7747
Mobile: 651-319-2547bruces@frontieragturf.com
Quote ID:17838636
19 July 2018
03 October 2018
Created On:
Last Modified On:
Expiration Date:26 October 2018
Equipment Summary Suggested List Selling Price Qty Extended
JOHN DEERE MY17 ProGator
2020A (Gas)
$ 30,138.00 $ 22,904.88 X 1 =$ 22,904.88
Contract: Sourcewell Grounds Maintenance 062117-DAC (PG NB CG 70)
Price Effective Date: July 19, 2018
Equipment Total $ 22,904.88
Trade In Summary Qty Each Extended
2003 CUSHMAN HAULSTER - 0000002125338 1 $ 4,496.00 $ 4,496.00
PayOff $ 0.00
Total Trade Allowance $ 4,496.00
Trade In Total $ 4,496.00
* Includes Fees and Non-contract items Quote Summary
Equipment Total $ 22,904.88
Trade In $ (4,496.00)
SubTotal $ 18,408.88
Est. Service
Agreement Tax
$ 0.00
Total $ 18,408.88
Down Payment (0.00)
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580; DUNS#: 60-7690989
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
Frontier Ag & Turf
12040 Point Douglas Dr South
Hastings, MN 55033
651-437-7747patb@frontieragturf.com
Confidential
Salesperson : X ______________Accepted By : X ______________
Rental Applied (0.00)
Balance Due $ 18,408.88
Quote Id: 17838636 Customer Name:CITY OF LAKE ELMO
Selling Equipment
Confidential
ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR):
Deere & Company
2000 John Deere RunCary, NC 27513
FED ID: 36-2382580; DUNS#: 60-7690989
ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER:
Frontier Ag & Turf
12040 Point Douglas Dr SouthHastings, MN 55033
651-437-7747
patb@frontieragturf.com
JOHN DEERE MY17 ProGator 2020A (Gas)
Contract:Sourcewell Grounds Maintenance 062117-DAC
(PG NB CG 70)
Price Effective Date:July 19, 2018
Suggested List *
$ 30,138.00
Selling Price *
$ 22,904.88
* Price per item - includes Fees and Non-contract items
Code Description Qty List Price Discount%Discount
Amount
Contract
Price
Extended
Contract Price
1404TC MY17 ProGator 2020A
(Gas)
1 $ 27,265.00 24.00 $ 6,543.60 $ 20,721.40 $ 20,721.40
Standard Options - Per Unit
001A US/Canada 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1139 Standard Front Tires
23x10.5-12 (4 PR)
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1159 Standard Rear Tires
26x12-12 (4 PR)
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1190 2WD Traction Unit 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
2200 Factory Installed Auxiliary
Hydraulics
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
9772 Turn Signal Kit 1 $ 228.00 24.00 $ 54.72 $ 173.28 $ 173.28
9776 Cargo Box 1 $ 1,975.00 24.00 $ 474.00 $ 1,501.00 $ 1,501.00
9837 Canopy with rear view mirror
kit
1 $ 670.00 24.00 $ 160.80 $ 509.20 $ 509.20
Standard Options Total $ 2,873.00 $ 689.52 $ 2,183.48 $ 2,183.48
Value Added Services
Total
$ 0.00 $ 0.00 $ 0.00
Suggested Price $ 22,904.88
Total Selling Price $ 30,138.00 $ 7,233.12 $ 22,904.88 $ 22,904.88
Quote Id: 17838636 Customer Name:CITY OF LAKE ELMO
ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR):
Deere & Company
2000 John Deere Run
Cary, NC 27513 FED ID: 36-2382580;
DUNS#: 60-7690989
Trade-in
Confidential
2003 CUSHMAN HAULSTER
SN# 0000002125338
Machine Details
Description Net Trade Value
2003 CUSHMAN HAULSTER $ 4,496.00
SN# 0000002125338
Your Trade In Description
Total $ 4,496.00
Date:19 July 2018 Offer Expires:26 October 2018
Confidential
17842503Quote Id:
Prepared For:
City Of Lake Elmo
Prepared By:Bruce Speirs
Frontier Ag & Turf
12040 Point Douglas Dr South
Hastings,MN 55033
Tel: 651-437-7747
Mobile Phone: 651-319-2547
Fax: 651-437-3483
Email:bruces@frontieragturf.com
Salesperson : X ______________Accepted By : X ______________
Confidential
Quote Summary
Prepared For:
City Of Lake Elmo3445 Ideal Ave NLake Elmo, MN 55042
Business: 651-747-3941RWELDON@LAKEELMO.ORG
Prepared By:
Bruce Speirs
Frontier Ag & Turf12040 Point Douglas Dr SouthHastings, MN 55033
Phone: 651-437-7747Mobile: 651-319-2547bruces@frontieragturf.com
Quote Id:17842503
19 July 2018
03 October 2018
Created On:
Last Modified On:
Expiration Date:26 October 2018
Equipment Summary Suggested List Selling Price Qty Extended
RAHN HYD. INFIELD GROOMER
WITH HD SCARIFIER AND SPRING
TINES
$ 2,876.50 $ 2,594.12 X 1 =$ 2,594.12
Equipment Total $ 2,594.12
Quote Summary
Equipment Total $ 2,594.12
SubTotal $ 2,594.12
Est. Service Agreement Tax $ 0.00
Total $ 2,594.12
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 2,594.12
Selling Equipment
Quote Id: 17842503 Customer:CITY OF LAKE ELMO
Confidential
RAHN HYD. INFIELD GROOMER WITH HD SCARIFIER AND SPRING TINES
Hours:0
Stock Number:
Suggested List
$ 2,876.50
Selling Price
$ 2,594.12
Code Description Qty Unit Extended
JDGL6509G-C HYD. INFIELD GROOMER WITH HD
SCARIFIER AND SPRING TINES
1 $ 2,576.50 $ 2,576.50
Other Charges
Setup 1 $ 300.00 $ 300.00
Other Charges Total $ 300.00
Suggested Price $ 2,876.50
Customer Discounts
Customer Discounts Total $ -282.38 $ -282.38
Total Selling Price $ 2,594.12
STAFF REPORT
DATE: October 16, 2018
CONSENT #18
AGENDA ITEM: Granting Utility Easement - Xcel
SUBMITTED BY: Ben Prchal, City Planner
BACKGROUND: An easement is needed so that utilities can be properly routed and maintained for the property located at 11180 50th. The service was incorrectly placed on City property. Because of this, Xcel is looking to have the proposed easement approved so appropriate access to service the lines will be available. Though this discussion and easement was brought to the attention of the City by Xcel the easement will not be exclusive to them. It will remain open to other utilities for use as they are needed.
ISSUE BEFORE COUNCIL: Does Council approve of creating the discussed easement?
PROPOSAL DETAILS/ANALYSIS: Throughout the drafting of the easement it was made very clear that Lake Elmo would not and does not
intend to be liable for costs association with the relocation of the lines if that would become required. The Easement essentially provides the right for utility services to perform maintenance work as it becomes necessary. The intended easement will be following the City’s Right-Of-Way ordinance. OPTIONS: 1) Approve creation of the utility easement. 2) Deny the creation of the utility easement. RECOMMENDATION: If removed from the Consent Agenda: Motion to Approve Declaration of Easement ATTACHMENTS:
• Declaration
1 499380v4 LA515-1
DECLARATION OF PUBLIC EASEMENT
THIS DECLARATION OF PUBLIC EASEMENT (the “Declaration”) is made this _____
day of _________________, 2018, by the City of Lake Elmo, a municipal corporation under the laws of the State of Minnesota (the “Declarant”). Recitals
A. Declarant is the fee owner of the property located in Washington County Minnesota (the “Property”) and legally described on Exhibit A attached hereto. B. Declarant wishes to establish a perpetual, non-exclusive public easement for utility purposes
as made part of the rights-of-way pursuant to Minn. Stat. § 237.162, subd. 3, the City right-
of-way management ordinance and other applicable law, for the construction, installation, operation, and maintenance of Facilities owned or controlled by a Right-of-Way User as defined in Minnesota Rules chapter 7819, across, over, and under the portions of the Property legally described on the attached Exhibit B and depicted on the attached Exhibit C (the
“Easement Area”).
Declaration Now, therefore, the Declarant hereby declares that the Property shall be held, sold, and
conveyed subject to the following utility easement, which shall inure to the benefit of the City of Lake
Elmo (the “City”): 1. Public Easement. The Property shall be subject to a perpetual, non-exclusive public easement for utility purposes, including the construction, installation, operation, inspection, repair, replacement,
removal and maintenance of Facilities.
2. Scope of Easement Rights. The perpetual, non-exclusive utility easement granted herein is subject to the City right-of-way management ordinance and other applicable law, and includes the right of Right of Way Users with Facilities permitted therein or thereon, including the City, their
499380v4 LA515-1 2
contractors, agents, and employees to enter the premises at all reasonable times for the purpose of
locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing
the Facilities in the Easement Area. The easement granted herein also includes the right to cut, trim, or remove from the Easement Area such improvements, trees, shrubs, or other vegetation, and to prohibit obstructions
and grading alterations as in the City’s judgment unreasonably interfere with the easements or the
function of the Facilities located therein. 3. Easement to Run with Land; No Merger. The easement created herein shall run with the land and be binding on all parties having any right, title, or interest in the Property, their heirs,
successors, and assigns. The Declarant intends that the easement created herein shall not merge
into Declarant’s title to the Property and that any future conveyance of the Property by the Declarant shall be subject to this Declaration of Easement unless the instrument of conveyance expressly states an intention to terminate this Declaration of Easement.
4. Amendment; Modification; Termination. This Declaration may not be amended, modified,
or terminated without the consent of the City.
[Signature page to follow]
499380v4 LA515-1 3
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 _________,
2018, by Mike Pearson and Julie Johnson, the Mayor and the City Clerk of the City of Lake Elmo,
a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation, Declarant. ______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (SJS) 470 U.S. Bank Plaza 200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
A-1
499380v4 LA515-1
EXHIBIT A TO PUBLIC EASEMENT
Legal Description of the Property
The South 208.71 feet of the West 288.71 feet of the following described property:
The Southwest Quarter of the Southwest Quarter except the west 660 feet thereof, Section 1, Township 29, Range 21, according to the United States Government Survey thereof and situated in Washington County, Minnesota.
B-1
499380v4 LA515-1
EXHIBIT B TO PUBLIC EASEMENT
Permanent Easement Legal Description A 15.00 foot wide permanent easement for utility purposes over, under and across the above
defined property, which lies within 7.50 feet on each side of the following described centerline:
Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of Section 1, Township 29 North, Range 21 West; thence North 89 degrees 03 minutes 06 seconds East 695.58 feet along the south line of said Southwest Quarter of the Southwest
Quarter to the point of beginning of the centerline to be described; thence North 01 degrees
49 minutes 44 seconds West 225.00 feet and said centerline there terminating. The side lines of said easement are intended to be prolonged or shortened to terminate on the south line of said Southwest Quarter of the Southwest Quarter.
C-1
499380v4 LA515-1
EXHIBIT C TO PUBLIC EASEMENT Depiction of the Easement Area
STAFF REPORT
DATE: October 16, 2018
PUBLIC HEARING
ITEM # 19
AGENDA ITEM: 2018 Street Improvements – Assessment Hearing on Improvements and Adopting
the Final Assessment Roll SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director
Sarah Sonsalla, City Attorney Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council hold the final assessment hearing for the 2018 Street Improvements and, after closing the hearing, adopt the final assessment roll? BACKGROUND: On September 18, 2018, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the 2018 Street Improvements. Mailed notice has been provided to each assessed property and notice of the public hearing has been published in the local paper. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties and the hearing on the proposed assessment for these improvements must be conducted. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 30, 2018. The Final Assessment Roll has been calculated based on the estimated final project cost to completion and
in accordance with the City’s Special Assessment Policy. The estimated final total project cost at completion is $1,252,000; an increase over the feasibility report cost of $1,229,000. The table below summarizes the preliminary unit assessment from the feasibility report and the proposed final unit
assessment. In accordance with the 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. The estimated total project cost is $1,252,000. The tables below summarize the preliminary unit assessments from the feasibility report and the proposed final unit assessments based on total project costs and the Adopted Feasibility Report recommendations. The attached final assessment roll details the proposed assessment for each parcel. In accordance with the City assessment policy there is one property along the project that is 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. One other property is
proposed to be assessed 2-unit assessments because the property could be subdivided under their current zoning and land use designations.
Table 1: Assessment Comparison
Feasibility Report
Unit Assessment
Proposed Final
Unit Assessment
2018 Streets Improvements –
(Residential Properties)
$5,000 $5,000
*Assessments for street improvements are being levied over 15 years. FISCAL IMPACT: The total project cost is $1,252,000 with $377,500 paid through special assessments and the remaining $874,500 paid through the general tax levy. Holding the final assessment hearing follows state statute for assessing benefitting properties and adopting the final assessment roll finalizes the special assessments to be levied for the improvements. RECOMMENDATION: Staff is recommending that the City Council approve a resolution Adopting the Final Assessment Roll for the 2018 Street Improvements. The recommended motion for this action is as
follows: “Move to approve Resolution No. 2018-118, Adopting the Final Assessment Roll for the 2018 Street Improvements.” ATTACHMENTS: 1. Resolution Adopting the Final Assessment Roll on Street Improvements. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION NO. 2018-118 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR
THE 2018 STREET IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the 2018 Street Improvements including street, drainage and utility improvements of Jane Road North from Lake Jane Trail North to Jamaca Avenue
North, Jane Court North from Jane Road North to end of cul-de-sac, Jamaca Avenue North from Jane Road North to Jamaca Avenue North, Jerome Avenue North from 49th Street North to 53rd Street North, Jerome Avenue Court North from Jerome Avenue North to end of cul-de-sac, and 53rd Street North from Jamaca
Boulevard North to 9480 53rd Street North. NOW, THEREFORE, BE IT RESOLVED, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over 15 years, the first of the installments to be payable on or before the first Monday in January 2019, and shall bear interest at the rate of 4.00% percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment
to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she 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 next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF OCTOBER, 2018.
CITY OF LAKE ELMO By: __________________________
(Seal) Mike Pearson ATTEST: Mayor
________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT
2018 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 16,
2018, to consider, and possibly adopt, the proposed assessment against abutting property
for the 2018 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 including a new bituminous pavement supported
by a renewed recycled aggregate base with new concrete curb and gutter, and a
repair or restoration of the existing street drainage system for the following streets:
• Jane Road North, from Lake Jane Trail North to Jamaca Avenue North.
• Jane Court North, from Jane Road North to end of cul-de-sac.
• Jamaca Avenue North, from Jane Road North to Jamaca Avenue North.
• Jerome Avenue North, from 49th Street North to 53rd Street North.
• Jerome Avenue Court North, from Jerome Avenue North to end of cul-de-sac.
• 53rd Street North, from Jamaca Boulevard North to 9480 53rd Street North. You may at any time prior to certification of the assessment to the county auditor on
November 15, 2018, 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 October 31 (date assessment certified to County Auditor) 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 and drainage improvements, the first of the installments to be payable on or before the first Monday in January 2019 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, 2018. 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 $377,500. The City contribution for the overall improvement project is $874,500. 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 is authorized in its discretion to defer the payment of an 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, for whom it would be a hardship to make the payments. 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 18, 2018
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
(Published in the Oakdale-Lake Elmo Review on September 26, 2018)
CITY OF LAKE ELMO, MN.SEPTEMBER 20182018 STREET IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 1NO. NAMEPID AMOUNTJANE ROAD N: LAKE JANE TRAIL N TO JAMACA AVE N1 TRS AGR JEFFERY & LEEANN LEITC 9025 JANE RD N 9025 JANE RD N LAKE ELMO MN 55042 1002921220003 $5,000.002 BRASH JASON M & TARA M 9030 JANE RD N 9030 JANE RD N LAKE ELMO MN 550421002921220010 $5,000.003 KENNEDY KIRBY A & MARILYN J 9051 JANE RD N 9051 JANE RD N LAKE ELMO MN55042 1002921220014 $5,000.004 HOMNICK PAUL & KATELYNN KEIR 9060 JANE RD N 9060 JANE RD N LAKE ELMO MN 55042 1002921220009 $5,000.005 THOMPSON JAMES E & DENISE M EL 9077 JANE RD N 9077 JANE RD N LAKE ELMO MN 55042 1002921220015 $5,000.006 MECHELKE RENEE F 9090 JANE RD N 9090 JANE RD N LAKE ELMO MN 55042 1002921220008 $5,000.007 ZITON DEXTER J & TONI E 9109 JANE RD N 9109 JANE RD N LAKE ELMO MN 55042 1002921220004 $5,000.008 BAUERFELD WARREN JR & BARBARA 9112 JANE RD N 9112 JANE RD N LAKE ELMOMN 55042 1002921220017 $5,000.009 O’SULLIVAN BASIL J JR 9133 JANE RD N 9133 JANE RD N LAKE ELMO MN 55042 1002921220006 $5,000.0010 SINGER DONALD R & LORETTA L 9161 JANE RD N 9161 JANE RD N LAKE ELMO MN 55042 1002921220005 $5,000.0011 KLECKER KATHRYN IRV TRS 9199 JANE RD N 9199 JANE RD N LAKE ELMO MN 55042 1002921220002 $5,000.0012 QUINN LISA J & TERENCE S 9220 JANE RD N 9220 JANE RD N LAKE ELMO MN 55042 1002921220019 $5,000.0013 MARTIN DOROTHY L 9233 JANE RD N 9233 JANE RD N LAKE ELMO MN 55042 1002921220001 $5,000.0014 OLSEN BRIAN R & DEANA M 9287 JANE RD N 9287 JANE RD N LAKE ELMO MN 55042 1002921210003 $5,000.0015 DROMMERHAUSEN SCOTT A & JULIE 9359 JANE RD N 9359 JANE RD N LAKE ELMO MN 55042 1002921240006 $5,000.0016 OFFORD DAVID R & HEIDE M 9369 JANE RD N 9369 JANE RD N LAKE ELMO MN 55042 1002921240007 $5,000.0017 TRAN NANG TRI & THU HUONG 9393 JANE RD N 7970 DEMONTREVILLE TRL N LAKE ELMO MN 55042 1002921240008 $5,000.0018 VANDEMMELTRAADT MARK & SHARON 9397 JANE RD N 9399 JANE RD N LAKE ELMO MN 55042 1002921240009 $5,000.0019 KOREN CHRISTOPHER 9406 JANE RD N 9406 JANE RD N LAKE ELMO MN 55042 1002921240020 $5,000.0020 FOSTER DOUGLAS A & JILL M 9409 JANE RD N 9409 JANE RD N LAKE ELMO MN 55042 1002921240010 $5,000.0021 HAMERLY JOHN P & LAURIE J 9429 JANE RD N 9429 JANE RD N LAKE ELMO MN 55042 1002921240011 $5,000.0022 VOSBERG DARYL E & HEIDY M 9436 JANE RD N 9436 JANE RD N LAKE ELMO MN 55042 1002921240033 $5,000.0023 KIMLINGER GARY P & REBECCA L 9461 JANE RD N 9461 JANE RD N LAKE ELMOMN 55042 1002921240013 $5,000.0024 HEROFF GERALD S JR & LISA M 9477 JANE RD N 9477 JANE RD N LAKE ELMO MN 55042 1002921240012 $5,000.0025 AARON R & JESSICA A RUNK LIV T 9497 JANE RD N 9497 JANE RD N LAKE ELMO MN 55042 1002921240015 $5,000.0026 FUHRMAN MARINA 9498 JANE RD N 9498 JANE RD N LAKE ELMO MN 55042 1002921240032 $5,000.00JANE COURT N: JANE ROAD N TO DEAD END27 DEGERSTROM JAMES & ROSE STARK 9260 JANE CT N 9260 JANE CT N LAKE ELMO MN 55042 1002921210017 $5,000.0028 SCHOONOVER GARY W & GRACE 9317 JANE CT N 9317 JANE CT N LAKE ELMO MN 55042 1002921210006 $5,000.0029 HAU DONALD M & VALERIE SUE 9330 JANE CT N 9330 JANE CT N LAKE ELMO MN55042 1002921210008 $5,000.0030 MORGAN SPENCER L & DAVID H 9337 JANE CT N 9337 JANE CT N LAKE ELMO MN55042 1002921210005 $5,000.0031 CREPEAU ALIXANDRA & ERIC POPPE 9357 JANE CT N 9357 JANE CT N LAKE ELMO MN 55042 1002921210004 $5,000.0032 BENESCH GREGORY P 9377 JANE CT N 9377 JANE CT N LAKE ELMO MN 55042 1002921240027 $5,000.0033 FORSTER STEVEN C & JANE E 9397 JANE CT N 9397 JANE CT N LAKE ELMO MN 55042 1002921240026 $5,000.0034 WALFOORT MICHAEL R 9407 JANE CT N 9407 JANE CT N LAKE ELMO MN 55042 1002921240025 $5,000.0035 VINCENT M HARNICK TRS 9417 JANE CT N 9417 JANE CT N LAKE ELMO MN 550421002921240024 $5,000.0036 COLIANNI JOSEPH W & MARSHA K 9427 JANE CT N 9427 JANE CT N LAKE ELMOMN 55042 1002921240023 $5,000.0037 PAULSON THOMAS E & BONNIE J 9437 JANE CT N 9437 JANE CT N LAKE ELMO MN 55042 1002921240022 $5,000.0038 BURKHART DAVID & LISA ANDREW‐BURKHART 9447 JANE CT N 9447 JANE CT NLAKE ELMO MN 55042 1002921240021 $5,000.0039 BURRESS PATRICK M & SHAWN M 9441 JANE CT N 9441 JANE CT N LAKE ELMO MN 55042 1002921240029 $5,000.0040 BARRERA SUSAN M 9420 JANE CT N 9420 JANE CT N LAKE ELMO MN 55042 1002921240031 $10,000.00SUBTOTAL 205,000.00$ ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.SEPTEMBER 20182018 STREET IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 1NO. NAMEPID AMOUNTJAMACA AVE N: JANE ROAD N TO JAMACA AVE N41 KOSTICHKA STEVEN D & HILARY S 4940 JAMACA AVE N 4940 JAMACA AVE N LAKE ELMO MN 55042 0902921110017 $5,000.0042 HUOT PAUL F & JEANINE E 4955 JAMACA AVE N 4955 JAMACA AVE N LAKE ELMO MN 55042 1002921220011 $5,000.0043 MAXEY JOSEPH D & PATRICIA M 4960 JAMACA AVE N 4960 JAMACA AVE N LAKE ELMO MN 55042 0902921110018 $5,000.0044 JACKSON GERALD A & DEBRA A 4990 JAMACA AVE N 4990 JAMACA AVE N LAKE ELMO MN 55042 0902921110019 $5,000.0045 MARY QUANBECK BARBER TRS 4995 JAMACA AVE N 4995 JAMACA AVE N LAKE ELMO MN 55042 1002921220012 $5,000.0046 CODERRE JAMES C & CHERYL A 5020 JAMACA AVE N 5020 JAMACA AVE N LAKE ELMO MN 55042 0402921440003 $5,000.0047 CLAUDE E CYBULSKI TRS 5025 JAMACA AVE N 5025 JAMACA AVE N LAKE ELMO MN 55042 0302921330007 $5,000.0048 FOSSEY MITCHELL S & AMY B 5040 JAMACA AVE N 5040 JAMACA AVE N LAKE ELMO MN 55042 0402921440004 $5,000.0049 NEBUR MICHAEL J & LINDA S GILB 5055 JAMACA AVE N 5055 JAMACA AVE N LAKE ELMO MN 55042 0302921330008 $5,000.0050 ELIZABETH A PETERSON REV TRS 5060 JAMACA AVE N 5060 JAMACA AVE N LAKE ELMO MN 55042 0402921440005 $5,000.0051 RESEMIUS WILLIAM H & MARY B 5080 JAMACA AVE N 5080 JAMACA AVE N LAKE ELMO MN 55042 0402921440006 $5,000.0052 GROSS CHRISTOPHER L & KATHLEEN 5111 JAMACA BLVD N 5111 JAMACA BLVD N LAKE ELMO MN 55042 0302921330009 $2,500.00JEROME AVE N: 49TH ST N TO 53RD ST N53 TRS AGR FRIEDRICH & IWONA SRIENC 4955 JEROME AVE N 4955 JEROME AVE N LAKE ELMO MN 55042 1002921210023 $5,000.0054 MARTIN NAOMI J & DAVID 5055 JEROME AVE N 5055 JEROME AVE N LAKE ELMOMN 55042 0302921340006 $5,000.0055 WEBBER WALTER J & DORIS L 5080 JEROME AVE N 5080 JEROME AVE N LAKE ELMO MN 55042 0302921330016 $5,000.0056 KRAHN RICHARD R & ELEANOR L 5170 JEROME AVE N 5170 JEROME AVE N LAKE ELMO MN 55042 0302921330015 $5,000.0057 JEAN GRAY DUNBAR TRS AGR 5230 JEROME AVE N 5230 JEROME AVE N LAKE ELMO MN 55042 0302921340005 $5,000.0058 AMUNDSON RODNEY E & CAROL F 5277 JEROME AVE N 5277 JEROME AVE N LAKE ELMO MN 55042 0302921340013 $5,000.00JEROME AVE CT N: JEROME AVE N TO DEAD END59 KROUSE RUSHFORD W & MARY W 5217 JEROME AVE CT N 5217 JEROME AVE CT N LAKE ELMO MN 55042 0302921340007 $5,000.0060 GRAVES CHARLES W & CAROL A 5227 JEROME AVE CT N 5227 JEROME AVE CT N LAKE ELMO MN 55042 0302921340008 $5,000.0061 ABBOTT MICHAEL W & MARIANNE M 5237 JEROME AVE CT N 5237 JEROME AVE CT N LAKE ELMO MN 55042 0302921340009 $5,000.0062 MELIN GARY R & ELIZABETH 5247 JEROME AVE CT N 5247 JEROME AVE CT N LAKE ELMO MN 55042 0302921340010 $5,000.0063 MONSON FAMILY LIVING TRS 5257 JEROME AVE CT N 5257 JEROME AVE CT N LAKE ELMO MN 55042 0302921340011 $5,000.0064 SPOFFORD NEIL K & MARGARET A 5267 JEROME AVE CT N 5267 JEROME AVE CT N LAKE ELMO MN 55042 0302921340012 $5,000.0053RD STREET: JAMACA BLVD N TO 9480 53RD ST N65 CITY OF LAKE ELMO 3880 LAVERNE AVE N LAKE ELMO MN 55042 0302921330001 $10,000.0066 FANG RICHARD S & MARY K 9220 53RDST N PO BOX 73 LAKE ELMO MN 55042 0302921310006 $5,000.0067 ALME DENNIS F & COLLEEN C 9280 53RDST N 9280 53RDST N LAKE ELMO MN 55042 0302921340003 $5,000.0068 CROSS SUE E 9287 53RDST N 9287 53RDST N LAKE ELMO MN 55042 0302921340004 $5,000.0069 JOHN W THATCHER TRS & LAVERNE 9320 53RDST N 9320 53RDST N LAKE ELMO MN 55042 0302921340002 $5,000.0070 EDITH JOAN NICHOLSON TRS 9355 53RDST N 9355 53RDST N LAKE ELMO MN 55042 0302921340014 $5,000.0071 WEGWERTH RUSSELL W & JANA L 9377 53RDST N 9377 53RDST N LAKE ELMO MN 55042 0302921340015 $5,000.0072 PETERSON DALE D & JACLYN G 9380 53RDST N 9380 53RDST N LAKE ELMO MN 55042 0302921340001 $5,000.0073 HINIKER JAMES & KATHRYN ROBERT 9400 53RDST N 9400 53RDST N LAKE ELMO MN 55042 0302921310005 $5,000.0074 OSMUNDSON MICHAEL H & LINDA M ARMSTRONG 9440 53RDST N 9440 53RDST N LAKE ELMO MN 55042 0302921310004 $5,000.00SUBTOTAL: PAGE 2 172,500.00$ SUBTOTAL: PAGE 1 205,000.00$ TOTAL ASSESSMENTS 377,500.00$ ADDRESS MAILING ADDRESS
STAFF REPORT
DATE: October 16, 2018
REGULAR
ITEM #: 20
AGENDA ITEM: Old Village Phase 3 Street and Utility Improvements – Adopting the Final
Assessment Roll SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director
Sarah Sonsalla, City Attorney Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council adopt the final assessment roll for the Old Village Phase 3 Street and Utility Improvements? BACKGROUND: The City of Lake Elmo is extending sanitary sewer to serve the existing properties in the Old Village area to replace the use of private on-site sewage treatment systems. The project also includes regional drainage improvements to address historic flooding issues in the Downtown area, the replacement of aged watermain pipes and reconstructing the public streets that are disturbed during the work. The Improvements are being constructed in phases and through separate projects. The Old Village Phase 3 Street and Utility Improvements project was constructed in 2017 and 2018 and the work is now complete. On September 4, 2018, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the Old Village Phase 3 Street and Utility Improvements. On October 2, 2018 the Final Assessment Hearing was held and closed after hearing from property owners wishing to address the Council. Mailed notice was
provided to each assessed property and notice of the public hearing was been published in the local paper. The property owner at 11200 Stillwater Boulevard filed an objection to the final assessments and requested
that a 30-foot drainage easement be deducted from the front footage calculation for that property and that the property assessments be allocated in proportion to the square footage for each office condo rather than by equal units.
PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 30, 2018. The Final Assessment Rolls have been calculated based on the final project costs and in accordance with the City’s Special Assessment Policy. The total project cost, at completion, is $2,052,500; down from the feasibility report cost of $2,498,100. The table below summarizes the preliminary unit assessment from the feasibility report and the proposed final unit assessment. For the Laverne Avenue commercial area, the final street and drainage unit assessment has been calculated using 100% of the total Street and Drainage Improvement project costs, assessed per lineal front foot. However, this portion of the project cost exceeded the feasibility report estimate and the unit assessment is not allowed to be increased. Therefore, the feasibility report unit assessment for the commercial properties
was held at the preliminary assessment amount of $205 / linear foot or 93% of the total project costs.
At the request of the Twin Gable Office Condominiums located at 11200 Stillwater Boulevard, the final
assessment roll has been revised to reallocate the overall property assessments in accordance with their prescribed percentage breakdown. Special Assessment Waiver Agreements have been executed and received from all 8 units essentially agreeing to this assessment reallocation.
Laverne Ave Area, North of CSAH14 Feasibility Report
Assessment Rate
Final Assessment
Rate Difference
Street and Storm Sewer
Improvements
$205 / Linear Foot $205 / Linear Foot $0
Sanitary Sewer Improvements $11,300 / SAC $11,300 / SAC $0
Watermain Assessment Rate $0 $34,837* $34,837
*The owner of 3825 Lake Elmo Avenue North requested water service be extended to their property and signed a
waiver of assessment to complete the work.
For the 31st Street neighborhood, the street and drainage improvements were assessed at 30% of the total project costs, assessed per unit (or residential household). In accordance with the City assessment policy, one property is 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.
31st Street Neighborhood Feasibility Report
Assessment Rate
Final Assessment
Rate Difference
Street and Storm Sewer
Improvements
$8,700 $6,900 ($1,800)
Sanitary Sewer Improvements $11,300 / SAC $11,300 / SAC $0
FISCAL IMPACT: The total project cost is $2,052,500 with the City cost share at $890,838, including
$447,075 for the street and drainage improvements and $418,063 for watermain improvements. The remaining costs are proposed to be assessed against the benefitting properties consistent with the City’s Special Assessment Policy including proposed assessments in the amount of $567,225 for the street and
drainage improvements, $983,100 for the sanitary sewer improvements, and $34,837 for watermain improvements. The remainder of watermain improvements will be funded through the water enterprise fund and the trail improvements will be funded through the park funds.
RECOMMENDATION: Staff is recommending that the City Council approve a resolution adopting the Final Assessment Roll for the Old Village Phase 3 Street and Utility Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2018-111, Adopting the Final Assessment Roll for the Old Village Phase 3 Street and Utility Improvements.” ATTACHMENTS: 1. Resolution Adopting the Final Assessment Roll on Street Improvements. 2. Final Assessment Roll.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-111 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR OLD VILLAGE PHASE 3 STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the Old Village Phase 3 Street, Drainage, and Utility Improvements including street, drainage, watermain and sanitary sewer
improvements along 31st Street North, Laverne Court, Layton Court, and Laverne Avenue North.
NOW, THEREFORE, BE IT RESOLVED, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over 15 years for street and drainage improvements and 20 years for watermain and sanitary sewer improvements, the first
of the installments to be payable on or before the first Monday in January, 2019 and shall bear interest at the rate of 3.26% percent per annum from the adoption date of this assessment resolution for the street and drainage improvements and sanitary sewer improvements, and shall bear interest at the rate of 3.30% percent per annum from the adoption date of this assessment resolution for the watermain improvements. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment, when
due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution; and he/she 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 October 31 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF OCTOBER, 2018.
CITY OF LAKE ELMO By: __________________________ (Seal) Mike Pearson ATTEST: Mayor ________________________________ Julie Johnson
City Clerk
CITY OF LAKE ELMO, MN.SEPTEMBER 2018OLD VILLAGE PHASE 3: STREET AND UTILITY IMPROVEMENTS31ST STREET NEIGHBORHOODFINAL ASSESSMENT ROLLSTREET AND DRAINAGE AND SANITARY SEWER ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDTOTAL ASSESSMENT AMOUNTSTREET & DRAINAGE ASSESSMENT AMOUNTSANITARY SEWER ASSESSMENT AMOUNT SAC1 KELLY LISA M & JOHN W 11200 31ST ST N 11200 31ST ST N LAKE ELMO MN 55042 1302921330032 18,200.00$ 6,900.00$ 11,300.00$ 12 SACHS RICHARD J & DEBORAH J 11212 31ST ST N 11212 31ST ST N LAKE ELMOMN 55042 1302921330033 18,200.00$ 6,900.00$ 11,300.00$ 13 TERRELL SARA A 11230 31ST ST N 11230 31ST ST N LAKE ELMO MN 55042 1302921330034 18,200.00$ 6,900.00$ 11,300.00$ 14 COSTELLO PAUL T 11252 31ST ST N 11252 31ST ST N LAKE ELMO MN 55042 1302921340011 18,200.00$ 6,900.00$ 11,300.00$ 15 CRIEGO GAIL A 11272 31ST ST N 11272 31ST ST N LAKE ELMO MN 55042 1302921340012 18,200.00$ 6,900.00$ 11,300.00$ 16 KENT S TARBUTTON TRS 11292 31ST ST N 7656 BIRMINGHAM FOREST DR FRISCOTX 75034 1302921340013 18,200.00$ 6,900.00$ 11,300.00$ 17 BURNS AMY P 11306 31ST ST N 11306 31ST ST N LAKE ELMO MN 55042 1302921340014 18,200.00$ 6,900.00$ 11,300.00$ 18 WAGONER BRIAN K & ELIZABETH A FLAMO WAGONER 11334 31ST ST N 11334 31ST ST N LAKE ELMO MN 55042 1302921340015 18,200.00$ 6,900.00$ 11,300.00$ 19 DUPIUS LUC M & ROCHELLE M MCCUNE 3151 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330009 3,450.00$ 3,450.00$ ‐$ 010 BLOOMQUIST ERIN C & LEE C 11225 31ST ST N 11225 31ST ST N LAKE ELMO MN 55042 1302921330035 18,200.00$ 6,900.00$ 11,300.00$ 111 PRITCHARD KENNETH L & AUDRA L 11269 31ST ST N 11269 31ST ST N LAKE ELMO MN 55042 1302921340017 18,200.00$ 6,900.00$ 11,300.00$ 112 SCORE BLAKE N & BRENDA K 11295 31ST ST N 11295 31ST ST N LAKE ELMO MN55042 1302921340016 18,200.00$ 6,900.00$ 11,300.00$ 113 WILLIAM C HJELMGREN TRS 3153 LAYTON CT N 3153 LAYTON CT N LAKE ELMO MN 55042 1302921340020 18,200.00$ 6,900.00$ 11,300.00$ 114 KECK BRIAN W & SCHILTGEN MOLLY 3127 LAYTON CT N 3127 LAYTON CT N LAKE ELMO MN 55042 1302921340021 18,200.00$ 6,900.00$ 11,300.00$ 115 MENENDEZ ARMANDO & ELLA S 3105 LAYTON CT N 3105 LAYTON CT N LAKE ELMO MN 55042 1302921340022 18,200.00$ 6,900.00$ 11,300.00$ 116 MATTILA JOSHUA & JESSICA 3091 LAYTON CT N 3091 LAYTON CT N LAKE ELMOMN 55042 1302921340025 18,200.00$ 6,900.00$ 11,300.00$ 117 IRENE DAU TRS AGR 3081 LAYTON CT N 3081 LAYTON CT N LAKE ELMO MN 550421302921340030 18,200.00$ 6,900.00$ 11,300.00$ 118 KINDLER BRIAN T 3084 LAYTON CT N 3084 LAYTON CT N LAKE ELMO MN 55042 1302921340029 18,200.00$ 6,900.00$ 11,300.00$ 119 KOFOED DONALD E & CAROL A 3094 LAYTON CT N 3094 LAYTON CT N LAKE ELMO MN 55042 1302921340026 18,200.00$ 6,900.00$ 11,300.00$ 120 GLANZER RICHARD D & EILEEN S 3112 LAYTON CT N 3112 LAYTON CT N LAKE ELMO MN 55042 1302921340019 18,200.00$ 6,900.00$ 11,300.00$ 121 AUDREY L OLSEN TRS 3124 LAYTON CT N 3124 LAYTON CT N LAKE ELMO MN 55042 1302921340018 18,200.00$ 6,900.00$ 11,300.00$ 122 KNOLL CRAIG M & DIANE C 3127 LAVERNE CT N 3127 LAVERNE CT N LAKE ELMO MN 55042 1302921340023 18,200.00$ 6,900.00$ 11,300.00$ 123 MAGISTAD JOHN M & AMY T 3115 LAVERNE CT N 3115 LAVERNE CT N LAKE ELMO MN 55042 1302921340024 18,200.00$ 6,900.00$ 11,300.00$ 124 MADSEN STEPHEN & ANNE M SCHLOEGEL 3099 LAVERNE CT N 3099 LAVERNE CT N LAKE ELMO MN 55042 1302921340027 18,200.00$ 6,900.00$ 11,300.00$ 125 LUCILLE C ZIGNEGO TRS 3081 LAVERNE CT N 3081 LAVERNE CT N LAKE ELMO MN 55042 1302921340028 18,200.00$ 6,900.00$ 11,300.00$ 126 SNOWELL N RALEIGH REV TRS 3074 LAVERNE CT N 3074 LAVERNE CT N LAKE ELMO MN 55042 1302921340033 18,200.00$ 6,900.00$ 11,300.00$ 127 GEVING NANCY E 3124 LAVERNE CT N 3124 LAVERNE CT N LAKE ELMO MN 55042 1302921330036 18,200.00$ 6,900.00$ 11,300.00$ 1TOTAL476,650.00$ 182,850.00$ 293,800.00$ ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.SEPTEMBER 2018OLD VILLAGE PHASE 3: STREET AND UTILITY IMPROVEMENTSLAVERNE AVENUE AREAFINAL ASSESSMENT ROLLSTREET, SANITARY SEWER, AND WATERMAIN ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDTOTAL ASSESSMENT AMOUNTSTREET, DRAINAGE, SIDEWALK ASSESSMENT AMOUNTSTREET FRONT FOOTAGESANITARY SEWER ASSESSMENT AMOUNT SACWATERMAIN ASSESSMENT AMOUNT1 ISD 834 STILLWATER 1875 GREELY ST S STILLWATER MN 55082 1302921220001 20,500.00$ 20,500.00$ 100 ‐$ 02 ISD 834 STILLWATER 11030 STILLWATER BLVD N 1875 GREELY ST S STILLWATER MN 55082 1302921230001 474,600.00$ ‐$ 0 474,600.00$ 423 WESTBROOK ASSOCIATES 3825 LAKE ELMO AVE N PO BOX 36 STILLWATER MN 55082 1302921220002 80,037.00$ ‐$ 0 45,200.00$ 4 34,837.00$ 4 CITY OF LAKE ELMO 3800 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN55042 1302921220009 44,920.00$ 33,620.00$ 164 11,300.00$ 15 CITY OF LAKE ELMO 3880 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN55042 1302921220026 46,125.00$ 46,125.00$ 225 ‐$ 06 CITY OF LAKE ELMO 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921220025 25,625.00$ 25,625.00$ 125 ‐$ 07 EXCEL PARTNERS LLC 11343 39TH ST N 11343 39TH ST N LAKE ELMO MN 550421302921220008 56,785.00$ 56,785.00$ 277 ‐$ 08 RULE 36 LMDT PARTNRSHP DULUTH 3819 LAVERNE AVE N 600 25TH AVE S #105 ST. CLOUD MN 56301 1302921220007 81,050.00$ 47,150.00$ 230 33,900.00$ 39 LEONARD INVESTMENTS LLC 11144 STILLWATER BLVD N 1000 CONCORD ST S SOUTH ST. PAUL MN 55075 1302921230004 124,330.00$ 79,130.00$ 386 45,200.00$ 410 THARROS LLC 11200 STILLWATER BLVD N #100 4350 MCDONALD DRIVE CT NSTILLWATER MN 55082 1302921220016 19,426.03$ 13,391.83$ 65 6,034.20$ 0.53411 NORTHERN LIGHTS INFO SYS LLC 11200 STILLWATER BLVD N #101 11200 STILLWATER BLVD N #101 LAKE ELMO MN 55042 1302921220017 13,641.88$ 9,404.38$ 46 4,237.50$ 0.37512 ERBAN DOROTHY DAVIDSON 11200 STILLWATER BLVD N #102 3748 OAKGREEN AVE N STILLWATER MN 55082 1302921220018 7,093.78$ 4,890.28$ 24 2,203.50$ 0.19513 ERBAN DOROTHY DAVIDSON 11200 STILLWATER BLVD N #103 3748 OAKGREEN AVE N STILLWATER MN 55082 1302921220019 13,751.01$ 9,479.61$ 46 4,271.40$ 0.37814 FLACKEY DEAN E 11200 STILLWATER BLVD N #104 532 OLD HWY 35 HUDSON WI 54016 1302921220020 13,641.88$ 9,404.38$ 46 4,237.50$ 0.37515 STROP BRIAN A & DENISE M 11200 STILLWATER BLVD N #105 2930 30TH STREET CIRCLE N LAKE ELMO MN 55042 1302921220021 13,641.88$ 9,404.38$ 46 4,237.50$ 0.37516 HOBBY FARMS INC 11200 STILLWATER BLVD N #106 11550 STILLWATER BLVD N #123 LAKE ELMO MN 55042 1302921220022 14,187.55$ 9,780.55$ 48 4,407.00$ 0.39017 SCMC PROPERTIES LLC 11200 STILLWATER BLVD N #107 11200 STILLWATER BLVD N #107 LAKE ELMO MN 55042 1302921220023 13,751.01$ 9,479.61$ 46 4,271.40$ 0.37818 D3PL PROPERTIES LLC 11240 STILLWATER BLVD N 11240 STILLWATER BLVD N LAKE ELMO MN 55042 1302921210006 45,200.00$ ‐$ 0 45,200.00$ 4TOTAL1,108,307.00$ 384,170.00$ 689,300.00$ 34,837.00$ ASSESSABLE PROPERTY ADDRESSMAILING ADDRESS
STAFF REPORT
DATE: 10/16/2018
ITEM # 21
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Sidewalk Snow Removal
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: As part of the City Council Workshop held on June 12, 2018 staff was directed to look into contractor cost associated with snow removal from sidewalks that have been added to residential areas as a result of city infrastructure improvements. ISSUE BEFORE COUNCIL: Should the City Council amend the Snow and Ice Control Policy to reflect
the City’s responsibility for removing snow on some sidewalks? If so, should the City seek quotes and contract out that work? PROPOSAL DETAILS/ANALYSIS: If approved by council the city would be responsible for removing snow from the following residential sidewalks:
• 30th St. N - between Lisbon Ave N. and Lake Elmo Ave N.
• Lake Elmo Ave. N - between 30th St. N and Upper 33rd St. N
• Lake Elmo Ave. N – between 36th St N and Stillwater Blvd N (CSAH 14) The above mentioned sidewalk areas equated to approx. 5200 LF or just under 1 mile. Snow removal will be conducted after 2” of snow is accumulated on the sidewalk. This amount
can be in a single snow fall or after several minor snow falls.
Also, if this change in service is approved by City Council the Snow and Ice Control Policy must amended to include the additional service that would be provided by the city.
There was also discussion at previous work session about completing the work with Public
Works staff and purchasing additional equipment or contracting the service out. At its current staffing level Public Works cannot take on either additional task. During a snow event, Public Works operates 6 plow trucks, 1 loader and 2 pickups with a staff of 9 including the Director, to clear snow from streets, cul-de-sacs and parking lots. Following a snow event, the current staff
conducts maintenance of vehicles, additional plowing and salting for 1-2 days. Along with these
activities, there is backlog of utility maintenance items that need to be completed due to entire staff involvement in plowing streets. FISCAL IMPACT: Contracted Services: Cost of snow removal is based on a linear foot charge of $.05 - $.10/LF. These costs are rough averages and quotes would need to be obtained for actual costs. Using a multiplier of 18 (three
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year average of how many times PW plows 2+ inches of snow) and the high cost of $.10LF the minimal cost for sidewalk snow removal would be approx. $10,000. Staff and Equipment (In House Service): Sidewalk snow removal equipment – approx. $74,000; Part-time staff sidewalks – approx. $6,000 ($18/hr x 16hrs x 20 events) for a total of $80,000 up front and $6,000 each year thereafter. In order to remove snow from sidewalks the following equipment is needed.
• Additional Skid Loader w/2 speed transmission & winter tires $55,000
• 60” power broom $ 6,000
• 72” v-plow for Tool Cat/Skid Loader $4,160.00
• 72” snow blower for Tool Cat/Skid Loader $ $7,245.00
• Truck loading chute (if downtown snow removal is desired) $1,535.00
OPTIONS: 1) Amend Snow and Ice Control Policy and authorize staff to obtain quotes for sidewalk snow
removal. 2) Amend Snow and Ice Control Policy and authorize staff to advertise for part time employees and obtain quotes for equipment 3) Amend the proposal to the Snow and Ice Control Policy and Authorize staff to obtain quotes for sidewalk snow removal. 4) Amend the proposal to the Snow and Ice Control Policy and Authorize staff to advertise for part
time employees and obtain quotes for equipment
5) Deny authorization of staff to obtain quotes for sidewalk snow removal.
MOTION:
“Amend Section 5 of the Snow and Ice Control policy to include the following; The City of Lake Elmo will be responsible for snow removal from sidewalks in front of residential properties in the following areas:
• 30th St. N - between Lisbon Ave N. and Lake Elmo Ave N.
• Lake Elmo Ave. N - between 30th St. N and Upper 33rd St. N
• Lake Elmo Ave. N – between 36th St N and Stillwater Blvd N (CSAH 14)
AND “Authorize staff to obtain quotes for snow removal from sidewalks designated by city council”
STAFF REPORT
DATE: October 16, 2018
REGULAR
Item #: 22
AGENDA ITEM: 2019 Street and Utility Improvements – Resolution Receiving Feasibility
Report and Calling Hearing on Improvement
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council accept the Feasibility Report and call a public hearing for the 2019 Street and Utility Improvements to be held at the November 20, 2018 Council meeting? BACKGROUND: On August 21, 2018, the City Council authorized the preparation of a feasibility report
for the 2019 Street and Utility Improvements. The streets selected for improvement in 2019 are in accordance with the City’s Street Capital Improvement Program which provides for the long-term planning and management of street and transportation infrastructure throughout the City. The streets programmed
for 2019 were originally scheduled in the CIP for reconstruction in 2015, however, upon receiving the report for the 2015 Street Improvements the project was not moved forward for construction and staff was directed to reschedule each neighborhood within the 5-year Street CIP.
PROPOSAL DETAILS/ANALYSIS: This Feasibility Report has been prepared to address street, drainage and utility improvements programmed for construction in 2019. The report serves to identify the necessary improvements, the estimated project costs, and to consider the assessment of a portion of the project costs to properties adjacent to and benefitting from the improvements.
The proposed project includes recommendations for the complete reconstruction of streets located in the Bordners Garner Farmettes Subdivision and the Kenridge Subdivision, consisting of approximately 1.5 miles of local streets:
• 36th Street North, from Jamaca Avenue to Irwin Avenue.
• 37th Street North, from Jamaca Avenue to Irwin Avenue.
• Irwin Avenue North, from 36th Street to 37th Street.
• 38th Street North, from Innsdale Avenue to Ideal Avenue (CSAH 13).
• 39th Street North, from Innsdale Avenue to Ideal Avenue (CSAH 13).
• Innsdale Avenue North, from 38th Street to 39th Street. In addition to the street reconstruction improvements, the scope of this Report includes extensive drainage and storm sewer improvements deemed necessary to protect and adequately drain the new street pavements,
and to address localized flooding issues to the extent these issues can be addressed through work completed in the public right-of-way. Concrete curb and gutter is proposed to improve drainage, improve the construction quality of the new roadway, and provide edge control to protect and extend the service life of
the new bituminous surface. Water quality improvements are proposed, including potential infiltration basins to meet Valley Branch Watershed District (VBWD) permitting requirements.
This Report also addresses the replacement of existing 4-inch diameter watermain with the City’s minimum standard 8-inch watermain within the Kenridge subdivision, and proposes to extend watermain service to the Bordners Garner Farmettes subdivision. Staff is recommending that the watermain improvements be
considered at this time due to the reconstruction of the streets.
The total estimated project cost is $3,674,500. The street and drainage improvements are estimated to be $2,317,100 and the watermain improvements are estimated to be $1,357,400. The improvements would be
partially assessed against the benefitting properties consistent with the City’s Special Assessment Policy. Residential street improvements are assessed 30% of the total project costs while watermain improvements are assessed 100% to the benefitting properties after deducting City oversize costs. The City’s general tax levy is used to cover the bond payments for the remaining street improvements. The Water Enterprise Fund is used the cover the watermain oversize or trunk costs. A lateral benefit assessment would be levied against properties along the proposed trunk watermain on Ideal Avenue. Assessments for street and drainage improvements are levied over 15 years while assessments for watermain improvements area levied over 20 years. Assessments are charged an interest rate of 1% over the bond rate for the project.
In addition to the recommended improvements, the estimated project costs and the proposed assessments, this report addresses the permitting requirements and the easement and right-of-way acquisition needed to implement the improvements. The feasibility report findings and recommendations will be further presented
at the meeting. FISCAL IMPACT: The total estimated project cost is $3,674,500 with $1,293,000 paid through special
assessments, $762,800 paid through the water enterprise fund and the remaining $1,618,700 paid through the general tax levy. RECOMMENDATION: Staff is recommending that the City Council approve a resolution receiving the Feasibility Report and calling a public hearing for the 2019 Street and Utility Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2018-119, receiving the Feasibility Report and Calling a Public Hearing for the 2019 Street and Utility Improvements.” ATTACHMENTS: 1. Resolution Receiving the Feasibility Report and Calling for Hearing on Improvements. 2. Notice of Hearing on Improvement. 3. Location Map. 4. Project Schedule. 5. Feasibility Report (available for review at City Hall).
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-119 A RESOLUTION RECEIVING A FEASIBILITY REPORT FOR THE 2019 STREET AND UTILITY IMPROVEMENTS AND CALLING HEARING ON IMPROVEMENT
WHEREAS, pursuant to City Council authorization, adopted on August 21, 2018, a feasibility
report has been prepared by FOCUS Engineering, Inc. for the 2019 Street and Utility Improvements; and WHEREAS, the feasibility report recommends that benefitting properties be assessed all or a portion of the cost of the improvements pursuant to the City’s Special Assessment Policy and Minnesota Statutes, Chapter 429; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels.
NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council will consider the improvements in accordance with the report and the
assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $2,317,100 for the street and drainage system improvements and an estimated total project cost of $1,357,400 for
the watermain improvements. 2. A public hearing shall be held on such proposed improvements on the 20th day of November, 2018, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF OCTOBER, 2018. CITY OF LAKE ELMO
By: __________________________ Mike Pearson
(Seal) Mayor ATTEST:
________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT
2019 STREET AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, November 20,
2018, to consider the making of the following improvements, pursuant to Minnesota
Statutes, Sections 429.011 to 429.111; The improvements consist of the reconstruction of the existing streets, drainage and storm sewer improvements, and watermain improvements within the Bordners
Garner Farmettes and Kenridge Addition neighborhoods, along the following street
segments:
• 36th Street North, from Jamaca Avenue to Irwin Avenue.
• 37th Street North, from Jamaca Avenue to Irwin Avenue.
• Irwin Avenue North, from 36th Street to 37th Street.
• 38th Street North, from Innsdale Avenue to Ideal Avenue (CSAH 13).
• 39th Street North, from Innsdale Avenue to Ideal Avenue (CSAH 13).
• Innsdale Avenue North, from 38th Street to 39th Street. The area proposed to be assessed for these improvements include properties abutting the
above referenced streets or properties that gain direct driveway access from the above referenced streets. The estimated total cost of the street and drainage improvements is $2,317,100 and the estimated total cost of the watermain improvements is $1,357,400. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be
heard at this meeting. DATED: October 16, 2018 BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
(Published in the Oakdale/Lake Elmo Review on October 24, 2018 and October 31, 2018)
PROJECT SCHEDULE
CITY OF LAKE ELMO
2019 STREET AND UTILITY IMPROVEMENTS
PROJECT NO. 2018.130
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
OCTOBER 2018
AUGUST 21, 2018 Council oders preparation of Feasibility Report.
OCTOBER 16, 2018 Presentation of Feasibility Report. Council accepts Report and calls for
Improvement Hearing.
NOVEMBER 20, 2018 Public Improvement Hearing. Council orders the preparation of Plans and
Specifications.
MARCH 5, 2019 Council approves Plans and Specifications and orders Advertisement for Bids;
Declares Costs to be Assessed and Calls for Hearing on Assessment.
APRIL 2, 2019 Receive Contractor Bids.
APRIL 16, 2019 Final Assessment Hearing. Council Orders the Improvement (4/5
th vote);
accepts Bids and awards Contract; and adopts the Final Assessment Roll.
MAY 15, 2019 Conduct Pre‐Construction Meeting and issue Notice to Proceed.
SEPTEMEBER 28, 2019 Substantial Completion.
NOVEMBER 2, 2019 Final Completion.
STAFF REPORT
DATE: 10/16/2018
REGULAR
ITEM #: 23
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Four Corners 1st Addition
REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney
Kristina Handt, City Administrator
BACKGROUND: On July 17, 2018, the City Council adopted Resolution 2018-076 approving the Final Plat for Four
Corners 1st Addition. An executed developer’s 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 2018-__ approving the developer agreement for Four Corners 1st Addition. REVIEW/ANALYSIS: A condition of approval of the Four Corners 1st Addition 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:
• That all public improvements to be completed by October 31, 2019 due to phasing within the addition.
• That the developer provide a letter of credit in the amount of $1,136,805 related to the cost
of the proposed improvements.
• That the developer provide a cash deposit of $459,525 for park dedication, engineering administration escrow, a cash contribution in lieu of taxes, and the city’s cost share of
Hudson Boulevard and Manning Avenue Traffic Signal.
The construction plans are still being reviewed by the City Engineer. Upon execution of this
Agreement, receipt of all fees and securities, recording of the final plat and the completion of a
Preconstruction meeting with the City, construction can commence.
FISCAL IMPACT:
City Council – Staff Report
Page 2
The future financial impacts include maintenance of sanitary sewer mains, watermains and other
public infrastructure, maintenance of storm water ponding areas (after warranty period), and other
public financial responsibilities typically associated with a new development. The City will collect
any necessary building permit fees, Sewer Accessibility Charges and Water Accessibility Charges
and property taxes at the time of building permit application.
OPTIONS: The City Council is being asked to consider the approval of the developer’s agreement and has the following options:
1) Adopt Resolution 2018-120 approving the developer agreement for Four Corners 1st Addition; or
2) Direct Staff to amend the draft developer agreement to bring back to a future City Council meeting. RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2018-120 approving the developer’s
agreement for Four Corners 1st Addition with the following motion:
“Move to adopt Resolution 2018-120 approving the developer’s agreement for Four Corners
1st Addition”
ATTACHMENTS:
• Resolution 2018-120
• Four Corners 1st Addition Development Agreement
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2018-120 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR FOUR CORNERS 1ST
ADDITION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and
WHEREAS, EN Properties, LLC, 11530 Hudson Boulevards North, Lake Elmo, MN 55042 (“Developer”) has previously submitted an application to the City of Lake Elmo (“City”) for Final Plat to be called Four Corners 1st Addition, a copy of which is on file in the City Planning Department; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2018-076 approving the Four Corners 1st Addition Final Plat on July 17, 2018; and WHEREAS, a condition of approval of said Resolution 2018-076 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
October 2, 2018 meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Development Agreement for Four Corners 1st Addition and authorizes the mayor and city Clerk to execute the document.
Passed and duly adopted this 16th day of October, 2018 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk
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(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water) Four Corners 1st Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2018, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and EN Properties, LLC,
a Minnesota limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Four Corners 1st Addition (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.
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 180 days after the City
Council approves the final plat.
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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
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 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;
B. the Developer has executed and recorded with Washington County the Storm Water
Maintenance and Easement Agreement in the City’s standard form;
C. this Agreement has been executed by the Developer and the City;
D. the required Security (as hereinafter defined) have been received by the City from or on
behalf of the Developer;
E. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
F. 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;
G. the Developer has paid any outstanding assessments and taxes for the property or
property being deeded to the City;
H. the Developer has fulfilled any park dedication requirements as specified under this
Agreement;
I. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable
3
watershed, Washington County, and any other agency having jurisdiction over the
Subdivision;
J. the Developer has provided the City with a certificate of insurance required by this
Agreement;
K. 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;
L. the final plat has been recorded with Washington County;
M. a title insurance policy has been issued in the amount of $100,000 in favor of the City
insuring the City’s interests as they appear on the plat; and
N. 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
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,
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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. 2018-076, 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”):
A. Grading and erosion control;
B. Sanitary sewer;
C. Water system improvements;
D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.);
E. Hudson Boulevard improvements;
F. Streets;
G. Trails;
H. Underground private utilities;
I. Landscaping;
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J. Intersection improvements (turn lanes, by pass lanes, traffic control, etc.);
K. Tree preservation and reforestation; and
L. 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 33 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
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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
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, 2019, 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
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completion date.
12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for
all maintenance of the Subdivision Improvements 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 same and
to direct attention to detours. If and when streets become impassable, such streets shall be
barricaded and closed by the Developer. Hudson Boulevard must remain open to traffic at all
times unless a right-of-way obstruction permit is obtained from the City. The Developer shall be
responsible for keeping streets within and outside of 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 place on a weekly basis and on a
daily basis during heavy tracking days.
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 all work on the
site including grading, public utility construction, and site improvements is restricted to access the
Subdivision via Hudson Boulevard North at the designated rock construction entrances per the
approved erosion control plans. No construction traffic is permitted on other adjacent local
streets. All construction parking, and loading and unloading of equipment and supplies must be
completed interior to the Subdivision and is not allowed to occur within any public right-of-way
without a right-of-way obstruction permit.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
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Developer to construct the Subdivision Improvements in a sequence which will allow progress
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
Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency 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.
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If building permits are issued prior to the acceptance of public Subdivision Improvements,
the Developer assumes all responsibility for erosion control compliance throughout the
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 or City Engineer.
17. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
watermain improvements, and streets (including, but not limited to, turn lanes) 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. Installation of curb and gutter,
installation of the first lift of the bituminous streets, the grading of boulevards, the installation of
street signs, and restoration work on the site must 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, sidewalks, and
damaged or settled streets as determined by the City from a pre-wear course walk-through
inspection.
18. 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
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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 areas 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 of eight inches free
of eroded, bare, or dead spots and no visible surface soil.”
19. SIGNAGE, PAVEMENT MARKINGS, AND OTHER UTILITIES. The Developer
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agrees to install street signs, traffic and parking signs, and pavement markings along Hudson
Boulevard 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.
20. 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.
21. PARK DEDICATION. The Developer shall pay a cash contribution of $49,500 in
satisfaction of the City's park dedication requirements. The charge was calculated as
follows:$4,500 per acre at 11 acres.
22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developer shall be responsible for the payment of all sewer availability charges
(SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements
required by the City and any state or metropolitan government agency.
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The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be payable
and collected by the City at the time the building permit is issued for the building to connect to
City sewer.
The Developer has previously paid $200,000 to the City in connection with the placement
of municipal water services to the terminus located at the northeast corner of the Air Lake Property
as per the WAC Prepayment Agreement between the Developer and the City dated June 2, 2014
(the “Prepayment Agreement”).
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be payable
and collected by the City at the time the building permit is issued for each building. Actual
payments for WAC fees for the Subdivision will be deducted from the fees otherwise owed
annually under the Prepayment Agreement if the WAC fees are more than the minimum amount
owed of $50,000 per year.
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.
23. 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
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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
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,
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the City will provide copies of detailed invoices of the work performed by the City
and its consultants.
24. CITY PAYMENTS. The City shall reimburse the Developer in the amount of $70,150
for oversizing costs associated with the installation of a trunk water main, $120,760 for oversizing
costs associated with the installation of a trunk sanitary sewer main, and $18,200 for mill and
overlay of the south side of Hudson Blvd as identified in the Plans. City payments shall be made
within 30 days of the City’s final acceptance of the Improvements, but only if the Developer is not
in default with respect to any terms of this Agreement. This payment by the City shall be the
City’s only responsibility with regard to construction of the Improvements and in no case shall act
as a waiver of any other right of the City under this Agreement or under applicable laws,
ordinances or rules.
25. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the recommendations listed in the May 30, 2018, Engineering
memorandum and all subsequent Engineering memorandums.
B. The Developer must obtain a sign permit from the City prior to installation of any
subdivision identification signs.
C. All public trails shall be located within outlots, be at least 30 feet in width and either
be dedicated to the City in the plat or granted to the City in an easement in a form
acceptable to the City.
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 dedicated as public park and open space on the
final plat.
E. The Developer shall pay the City a cash contribution of $150,000 in recognition of
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lost tax revenue that will be caused due to the fact that the intended use of the
property will be tax exempt. Said cash contribution shall be paid in full prior to the
recording of the Plat.
F. The Developer shall reimburse the City for all costs incurred by the City for the City’s
cost share in the installation of a future traffic signal at the intersection of Hudson
Boulevard and Manning Avenue (CSAH 15) and the construction of a southbound
right turn lane and a northbound left turn lane along Manning Avenue (CSAH 15) to
be designed and constructed by Washington County. The Developer shall pay the
City $250,000, which is the estimated City cost share for the future traffic signal and
turn lanes. Said payment shall be made to the City in full prior to the recording of
the Plat. If the actual City cost share exceeds this estimated amount, the Developer
shall be responsible for reimbursing the City for the remaining portion of the City cost
share within 30 days of being invoiced for such amount by the City. If the actual City
cost share is less than $250,000, the City shall return the remaining portion to the
Developer within 30 days of the City paying Washington County’s final invoice for
the project.
26. 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
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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. Legal documents regarding any covenants and restrictions, if applicable, 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
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
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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 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.
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27. 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.
28. 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
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.
29. 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
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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.
30. 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
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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 the Hudson Boulevard
Improvements 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 shall be two years from
the date of final written City acceptance of the installation.
31. 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 $1,136,805.
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
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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.
32. 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. 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 $565,092 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 $223,718 may be released
when the Hudson Boulevard Improvements, including street and drainage, turn
22
lanes, pavement markings and signage, and bituminous trail has been installed
and has 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 $57,231 may be
released when all remaining Developer’s obligations under this Agreement
have been completed including: (1) bio retention facilities; (2) iron monuments
for lot corners have been installed; (3) all financial obligations to the City
satisfied; () 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 11-13: The amount of $6,563 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.
B. 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.
C. 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.
D. It is the intent of the parties that the City at all times have available to it Security in an
23
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.
33. 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:
Park Dedication: $49,500 Special Assessments Due: $0 City Base Map Upgrading ($25.00 per REU): $25 City Engineering Administration Escrow: $10,000 Cash Contribution for Payment in Lieu of Taxes $150,000 City Cost Share of Hudson Boulevard and $250,000 Manning Avenue (CSAH 15) Traffic Signal/Turn Lanes TOTAL CASH REQUIREMENTS: $459,525
34. 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: 11530 Hudson Boulevard North, Lake Elmo, MN 55042. 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, 3880 Laverne Avenue N, Suite 101, Lake Elmo, Minnesota 55042.
35. EVIDENCE OF TITLE. The Developer shall furnish the City with evidence of fee
ownership of the property being platted by way of an a title insurance policy dated not earlier than
30 days prior to the execution of the plat.
36. 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.
37. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid,
24
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.
38. 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.
39. 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.
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 ________________, 20___, 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.
25
NOTARY PUBLIC
26
EN PROPERTIES, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by _______________________, the _______________ of EN Properties, 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
27
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 , 2 .
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 20___.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
28
MORTGAGEE 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 , 2 .
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
29
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 ________________, 20___.
STATE OF MINNESOTA )
) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of Property Being Final Platted That part of the South Half of the Southeast Quarter of Section 36, Township 29 North,
Range 21 West, Washington County, Minnesota, lying easterly of the West 33.00 feet (2
rods) thereof, EXCEPT that part designated as Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 82-35, State Project No. 8282 (94-392), recorded as Document No. 424557 in the Office of the County Recorder, Washington County, Minnesota.
B-1
EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Larson Engineering constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE
T Title
C1 Demolition Plan
C2 Paving and Dimension Plan
C3 Grading and Erosion Control Plan
C3.1 Landscape Plan
C4 Utility Plan
C5 Details
C6 Details
C-1
EXHIBIT C TO DEVELOPMENT AGREEMENT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125 percent
1 Grading $NA $NA
2 Sanitary Sewer $285,105 $356,381
3 Watermain $317,660 $397,075
4 Storm Sewer (includes pond structures
and outfall pipes)
$48,958 $61,198
5 Streets and Sidewalks $189,675 $237,094
6 Trails $13,183 $16,479
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
$NA $NA
8 Street Lighting $NA $NA
9 Street and Traffic Signs
$2,863 $3,579
10 Private Utilities $NA $NA
11 Landscaping Improvements $7,000 $8,750
12 Tree Preservation and Restoration $NA $NA
13 Wetland Mitigation and Buffers $NA $NA
14 Monuments $NA $NA
15 Erosion and Sediment Control $37,000 $46,250 16 Miscellaneous Facilities $NA $NA
17 Developer’s Record Drawings $8,000 $10,000
TOTALS $909,444 $1,136,805
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 ______________, 20___, 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, 3880 Laverne Ave. N., Suite 101, 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: October 16, 2018
REGULAR #24
AGENDA ITEM: Council Members as Employees
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: At the February 2, 2016 meeting Council passed a motion stating “For the purposes of Minnesota Statutes Chapter 13 and insurance liability coverage, City Council members should be treated as employees of the City.”
The Council discussed this issue again at the September 11, 2018 work session and there was direction to bring this forward to a Council meeting and change the designations. ISSUE BEFORE COUNCIL: Should the Council change the policy about Council Members being treated as employees? PROPOSAL: As discussed at the 2/2/16 and 9/11/18 meetings, this is a policy decision for the Council. Some cities treat council members as employees for the purposes of data practices and some do not.
In review of the 2/2/16 meeting, it was mentioned and referenced in the staff report that our insurance lists Council members as employees for the purposes of liability coverage. That is not accurate. While our liability coverage does cover council members, it lists them separately from city employees. One of the changes that occurred on January 1, 2016 is that the city’s workers
compensation coverage defaulted to covering elected officials as employees. This option had always been available to the city in the past. The policy change was simple that unless the city opted out, elected officials would be covered under workers comp. Stillwater, Minneapolis, and Eden Prairie are cities that treat Council members as employees for
the purposes of data practices. FISCAL IMPACT: If the city chose to opt out of workers comp coverage for elected officials, it would save a minimal amount (around a couple hundred dollars). The City has been treating the Mayor and Council as
employees for workers compensation coverage so there would be no additional cost.
OPTIONS: 1) Make no changes to the current policy 2) Do not treat council members as employees of the city for the purposes of MN Stat.
Chap 13 and workers comp coverage
3) Do not treat Council members as employees of the city for the purposes of MN Stat.
Chap 13 but continue to cover them for workers comp
RECOMMENDATION: Based upon the direction at the work session: Motion to Approve Resolution No 2018-121 A Resolution to Consider Council Members as Employees for Workers Compensation Only.”
ATTACHMENTS:
• Resolution No 2018-121
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION NO. 2018-121
A RESOLUTION TO CONSIDER COUNCIL MEMBERS AS EMPLOYEES FOR THE
PURPOSES OF WORKERS COMPENSATION ONLY
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Lake Elmo may determine when to treat themselves as employees for the purposes of workers compensation or data practices; and WHEREAS, the Lake Elmo City Council did decide in February 2016 to treat council members as employees for the purposes of Minnesota Chapter 13 (data practices) and liability
insurance; and WHEREAS, the Lake Elmo City Council discussed this issue again at its September 11, 2018 work session and received updated information as it relates to council members as employees and insurance coverage;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby designate the Mayor and Council as employees for the purposes of workers compensation only. Council members will not be treated as employees under MN Stat. Chap 13.
Passed and duly adopted this 16th day of October 2018 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________
Mike Pearson, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: October 16, 2018
REGULAR
ITEM #: 25
AGENDA ITEM: Heritage Farms Subdivision Sanitary Sewer Petition – Accept Petition and
Defer Preparation of a Feasibility Report
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council accept a Petition for municipal sanitary sewer service for the Heritage Farms Subdivision and defer the preparation of the Feasibility Report to be completed in conjunction with the Heritage Farms Street and Drainage Improvements Feasibility Report, currently scheduled in the Capital Improvement Plan (CIP) for 2020? BACKGROUND AND PROPOSAL DETAILS/ANALYSIS: A petition requesting municipal sanitary sewer service was received from the Heritage Farms Subdivision in August 2018. The petition was signed by 32 of the 44 properties abutting the requested improvements as reviewed and verified by the City Clerk.
The Heritage Farms Subdivision is located near Manning Avenue and 30th Street, just south of the Village Area MUSA. In order to provide sanitary sewer service to the Heritage Farms neighborhood a Feasibility Report would need to be completed to review the feasibility and capacity of connecting to the Village area
sewer system together with the estimated project costs and assessments. If the improvements are found to be feasible, a Comprehensive Plan Amendment would be required to bring the subdivision within the Village Area MUSA before constructing the project.
Street and drainage Improvements for the Heritage Farms neighborhood are currently scheduled in the City CIP, to be constructed in 2020. Therefore, staff is recommending that the feasibility report for sanitary sewer be deferred to be completed in conjunction with the Street and Drainage Improvement Feasibility Report and if the project is implemented that the improvements be completed as one project. To maintain a 2020 implementation schedule staff will ask for authorization to initiate the feasibility report in the summer of 2019.
RECOMMENDATION: Staff is recommending that the City Council approve a resolution declaring adequacy of the petition for municipal sanitary sewer service for the Heritage Farms Subdivision and deferring the preparation of the Feasibility Report to be completed with the Heritage Farms Street and Drainage Improvements Feasibility Report in 2019. The recommended motion for this action is as follows:
“Move to approve Resolution No. 2018-122, Declaring the Adequacy of the Heritage Farms Petition for Municipal Sanitary Sewer Service and Deferring the Preparation of a Feasibility Report.” ATTACHMENTS: 1. Resolution Declaring Adequacy of Petition and Deferring the Feasibility Report. 2. Heritage Farms Subdivision – Petition for Sanitary Sewer Service.
3. Heritage Farms Subdivision – Location Map.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-122
A RESOLUTION DECLARING ADEQUACY OF THE HERITAGE FARMS PETITION FOR MUNICIPAL SANITARY SEWER SERVICE AND DEFERRING THE PREPARATION OF THE FEASIBILITY REPORT WHEREAS, a petition was received from the owners of real property abutting Lisbon Avenue North, Lisbon Court North, and 30th Street Court North in the Heritage Farms Subdivision, requesting municipal sanitary sewer service; and WHEREAS, street and drainage improvements for Lisbon Avenue North, Lisbon Court North, and 30th Street Court North in the Heritage Farms Subdivision, is currently programmed in the City’s Capital Improvement Plan for year 2020, and WHEREAS, it is proposed to assess all or a portion of the cost of these improvements pursuant to the City’s Special Assessment Policy and Minnesota Statutes, Chapter 429.
NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. The Petition requesting the improvements is hereby declared to be signed by the required
percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes 429.035.
2. The Petition for the proposed improvements is hereby referred to the City Engineer and FOCUS Engineering, Inc., to complete a feasibility report in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. 3. The preparation of the Feasibility Report shall be deferred until such time that the Council authorizes the preparation of the Feasibility Report for the Street and Drainage Improvements for the Heritage Farms Subdivision, currently in the Capital Improvement Plan for year 2020.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF OCTOBER, 2018. CITY OF LAKE ELMO
By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk
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STAFF REPORT
DATE: October 16, 2018
REGULAR
ITEM #: 26
AGENDA ITEM: Hamlet on Sunfish Lake Subdivision Sanitary Sewer Petition – Accept
Petition and Order the Preparation of a Feasibility Report and Preliminary
Design
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council accept a Petition for municipal sanitary sewer service for the Hamlet on Sunfish Lake Subdivision and order the preparation of a Feasibility Report and
Preliminary Design? BACKGROUND AND PROPOSAL DETAILS/ANALYSIS: A petition requesting municipal sanitary
sewer service was received from the Hamlet on Sunfish Lake Subdivision in August 2018. The petition was signed by 27 of the 41 properties benefitting from the requested improvements. The Hamlet on Sunfish Lake Subdivision is located on the northwest side of the Village Area MUSA, just west of the Legacy at North Star Subdivision. The neighborhood is currently served through a privately owned and operated community wastewater treatment system that has been determined to be a non-compliant system. Hamlet on Sunfish Lake is currently operating the private wastewater system in accordance with a Schedule of Compliance through the Minnesota Pollution Control Agency (MPCA), which requires the subdivision to connect to the City sanitary sewer system by December 2020 and then to decommission the private wastewater system. Hamlet on Sunfish Lake and the City of Lake Elmo have been planning for the neighborhood’s connection
to the City sanitary sewer system since 2006. As part of this planning the subdivision has been added to the Village Area MUSA through a Comprehensive Plan Amendment.
In order to initiate the Hamlet on Sunfish Lake Sanitary Sewer Improvements, the City Council must direct the preparation of a feasibility report and preliminary design meeting the statutory process for public improvements that are specially assessed. The scope of improvements for the report and preliminary design
will be limited to the work necessary to make the direct connection from Hamlet on Sunfish Lake’s private sewer system to the City’s sanitary sewer system located within the Legacy at North Star development. The limited scope is intended to expedite the improvements to meet the MPCA Compliance Schedule. Decommissioning the private wastewater treatment system and reviewing the private sanitary sewer system for potential turnover to City ownership and maintenance will be addressed outside the scope of this Report. The report will advise on the scope of recommended improvements, provide estimated project costs, identify easement and right-of-way, permits, and other requirements of other local agencies needed to implement the improvements, recommend whether the improvements are necessary, cost effective, and feasible. The Report will also provide a proposed preliminary assessment roll for each of the benefitting properties based upon the City’s Special Assessment Policy for Local Improvements.
FISCAL IMPACT: $14,500.
If authorized, FOCUS Engineering Inc., and its supporting consultants, will prepare the feasibility report and preliminary design in a not to exceed amount of $14,500 for the Hamlet on Sunfish Lake Sanitary
Sewer Improvements. If the improvements are ordered, the report costs will be charged against the project fund and become assessable to the benefitting properties. Should the project not be constructed, the report costs cannot be assessed.
RECOMMENDATION: Staff is recommending that the City Council authorize FOCUS Engineering, Inc., and supporting consultants, to prepare a Feasibility Report and Preliminary Design for Municipal Sanitary Sewer for the Hamlet on Sunfish Lake Subdivision in the not to exceed amount of $14,500. The recommended motion for this action is as follows:
“Move to approve Resolution No. 2018-123, Declaring Adequacy of Petition and Ordering preparation of a Feasibility Report and Preliminary Design for Municipal Sanitary Sewer for the Hamlet on Sunfish Lake Subdivision to be completed by FOCUS Engineering, Inc., and supporting consultants in
the not to exceed amount of $14,500.”
ATTACHMENTS: 1. Resolution Declaring Adequacy of Petition and Order Preparation of a Feasibility Report.
2. Hamlet on Sunfish Lake Subdivision – Petition for Sanitary Sewer Service. 3. Hamlet on Sunfish Lake Subdivision – Location Map.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-123
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING THE PREPARATION OF A FEASIBILITY REPORT AND PRELIMINARY DESIGN FOR MUNICIPAL SANITARY SEWER SERVICE FOR THE HAMLET ON SUNFISH LAKE SUBDIVISION
WHEREAS, a petition was received from the owners of real property abutting Kindred Way North and Kindred Court North in the Hamlet on Sunfish Lake Subdivision, requesting municipal sanitary
sewer service; and WHEREAS, the Hamlet on Sunfish Lake Subdivision is located within the Village Area MUSA
and has been planning to connect to City sanitary sewer to replace a private community wastewater treatment system, and WHEREAS, it is proposed to assess all or a portion of the cost of these improvements pursuant to the City’s Special Assessment Policy and Minnesota Statutes, Chapter 429. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. The Petition requesting the improvements is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes 429.035.
2. The Petition for the proposed improvements is hereby referred to the City Engineer and FOCUS Engineering, Inc., and supporting consultants, to complete a feasibility report and preliminary design in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should
best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF OCTOBER, 2018. CITY OF LAKE ELMO By: __________________________
Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson
City Clerk
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