HomeMy WebLinkAbout3-20-18 Full Meeting Packet
NOTICE OF MEETING
City Council Meeting
Tuesday, March 20, 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. March 6, 2018
D. Public Comments/Inquires
E. Presentations
2. Arbor Glen Presentation of Donation for Lake Elmo Fire Department Safe Haven Program -
Resolution 2018-023
F. Consent Agenda
3. Approve Payment of Disbursements and Payroll
4. Accept February 2018 Public Works Department Report
5. Accept February 2018 Building Department Report
6. Accept February 2018 Fire Department Report
7. 2017 Street Improvements - Approve Change Order No. 3.
8. 2017 Street Improvements – Approve Pay Request No. 5.
9. Approve Assessment of Service Charges and Nuisance Abatement Ordinance-Ordinance No 08-203,
Resolution 2018-024
10. Approve Cooperative Agreement with Washington County for BoldPlanning Software
11. Accept Resignation of Part Time Firefighter
12. Authorize Advertising for and Creating an Eligibility List of Part Time Fire Fighters
13. Accept Resignation of Public Works Operator
14. Approve Step Increase, Assistant Administrator
15. Approve Step Increase, City Planner
16. Approve Letter of Appeal Regarding Water Appropriation Permit Conditions
G. Regular Agenda
17. Wildflower at Lake Elmo 3rd Addition Final Plat and PUD-Resolution – Resolution 2018-025
18. Hammes 3rd Addition Development Agreement – Resolution 2018-026
19. Sign Variance for Park Dental at 8980 Hudson Blvd N – Resolution 2018-027
20. Royal Golf at Lake Elmo1st Addition Development Agreement and Letter of Credit Reduction –
Resolution 2018-028
21. Plow Truck Purchase
H. Council Reports
I. Staff Reports and Announcements
J. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
CITY OF LAKE ELMO
CITY COUNCIL MINUTES
MARCH 6, 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, Julie Fliflet, Jill Lundgren
and Christine Nelson
Staff present: Administrator Handt, City Attorney Sonsalla, Assistant City Administrator Foster,
Fire Chief Malmquist, and City Clerk Johnson.
APPROVAL OF AGENDA
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE
AGENDA AS PRESENTED. Motion passed 5 – 0.
ACCEPT MINUTES
Minutes of the February 20, 2018 Regular Meeting were accepted as presented.
PUBLIC COMMENTS/INQUIRIES
None
PRESENTATIONS
Employee Service Recognition Awards were presented to employees with 5, 10, 20 and 25 years
of service to the City of Lake Elmo.
CONSENT AGENDA
3. Approve Payment of Disbursements
4. Approve Hiring of Fire Department Chaplain
5. Approve Private Development Security Reduction – Inwood 5th Addition
Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE THE CONSENT
AGENDA AS PRESENTED. Motion passed 5 - 0.
ITEM 6: Outdoor Lighting Ordinance Zoning Text Amendments
City Administrator Handt reviewed proposed updates to the outdoor lighting ordinance and
comments from the Planning Commission. Discussion held regarding accent lighting.
LAKE ELMO CITY COUNCIL MINUTES
MARCH 6, 2018
Page 2 of 3
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO CHANGE
SECTION F.1. TO STATE “…OR ANY OTHER ORNAMENTAL, LANDSCAPE OR
DECORATIVE LIGHTING…” Motion passed 5 – 0.
Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO AMEND THE
FIRST PARAGRAPH TO ADD THE FOLLOWING AFTER “GLARE” - “TO ENSURE A
DARK SKY AREA FOR PROLIFERATION OF WILDLIFE, FIREFLIES, ETC.” Motion
passed 5 – 0.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADD
PARAGRAPH F.6. IN SECTION 150.037 AS FOLLOWS: “(6) SHORELINE LIGHTING.
CERTAIN SHORELINE LIGHTING MAY BE EXEMPT FROM THE REQUIREMENTS
OF THESE SECTIONS IN ORDER TO PROVIDE SUFFICIENT ILLUMINATION TO A
BERTHING STRUCTURE, PIER, OR DOCK IN THE INTEREST OF PUBLIC SAFETY,
SUCH FIXTURES MAY BE LOCATED ANYWHERE ON THE PROPERTY, INCLUDING
THE PRINCIPAL STRUCTURE, PROVIDED IT MEETS THE REQUIREMENTS OF
THIS SUBSECTION. SAID FIXTURES SHALL BE CONFIGURED IN A WAY TO
PREVENT ILLUMINATION MORE THAN 50 FEET BEYOND THE BERTHING
STRUCTURE, PIER OR DOCK. ILLUMINATION SHALL ONLY BE ACTIVATED
DURING THOSE TIMES WHEN THE BERTHING STRUCTURE, PIER, DOCK OR
WATERCRAFT IS IN USE.” Motion passed 5 – 0.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT
ORDINANCE 08-202 APPROVING AMENDMENTS TO THE CITY’S LIGHTING, GLARE
CONTROL AND EXTERIOR LIGHTING STANDARDS AS AMENDED. Motion passed 5 –
0.
COUNCIL REPORTS
Mayor Pearson: No report
Councilmember Nelson: No report
Councilmember Lundgren: Invited interested parties to the Lake Elmo Farmers Market meeting
on March 14th, 6:00 p.m. at the Lake Elmo Library.
Councilmember Bloyer: No report
Councilmember Fliflet: Thanked Arbor Glen for hosting the spaghetti dinner fundraiser for the
Lake Elmo Fire Department.
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Commented on the PFC lawsuit and water conservation issues. Working
on the fit test analysis and financial software conversion.
Sgt. Osterman: Invited the public to Coffee with a Cop on March 21st, 8:00 – 10:00 a.m. at
Lake Elmo Coffee.
LAKE ELMO CITY COUNCIL MINUTES
MARCH 6, 2018
Page 3 of 3
City Attorney Sonsalla: Working on the plat and development agreement for Wildflower 3rd
Addition and mountain biking development.
Meeting adjourned at 7:27 pm.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: March 20, 2018
PRESENTATION
ITEM #: 2
AGENDA ITEM: Donation from Arbor Glen Senior Living
TO: Mayor and City Council
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
State statute requires that cities accept donations via resolution. Arbor Glen Senior Living will be making
a donation of $1,336 to the City of Lake Elmo to be used for the Lake Elmo Fire Department in the Safe
Haven Program.
ISSUE BEFORE COUNCIL:
Should Council accept the donation of $1,336 from Arbor Glen Senior Living?
PROPOSAL:
Arbor Glen Senior Living will be donating $1,336 for the fire department’s Safe Haven Program. These
are the funds that were raised from their march 1, 2018 spaghetti dinner fundraiser. Included in your packet
is a resolution for the Council to officially accept the donation.
FISCAL IMPACT:
The fire department has spent their allocation for 2018 programming so these funds will be used to
supplement. They may be used for the purchase of equipment (fire detectors, fire extinguishers, etc.)
OPTIONS:
1) Approve Resolution No 2018-023
2) Amend and then Approve Resolution No 2018-023
3) Do not accept the donation from Arbor Glen Senior Living
RECOMMENDATION:
Motion to approve Resolution No 2018-023
ATTACHMENTS:
• Resolution No 2018-023
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-023
A RESOLUTION ACCEPTING DONATED FUNDS FROM ARBOR GLEN
SENIOR LIVING
WHEREAS, Minnesota Statues Section 465.03 provides that donations to the City
be accepted by resolution of the City Council; and
WHEREAS, Arbor Gen Senior Living held a spaghetti fundraiser for the Lake
Elmo Fire Department on March 1, 2018; and
WHEREAS, the fundraiser resulted in $1,336 to be donated to the City for the
purposes of the Safe Haven Program; and
WHEREAS, the City Council of the City of Lake Elmo agrees that said
contribution would be of benefit to the citizens of Lake Elmo; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Lake Elmo, Minnesota, does hereby acknowledges and agrees to accept said donation of
$1,336 from Arbor Glen Senior Living on behalf of the citizens of Lake Elmo.
BE IT FURTHER RESOLVED that the City Council of the City of Lake Elmo
designates the funds should be allocated only for the Lake Elmo Fire Department’s Safe
Haven Program.
APPROVED by the Lake Elmo City Council on this 20th day of March, 2018.
By: __________________________
Mike Pearson
Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
MAYOR AND COUNCIL COMMUNICATION
DATE: 3/20/2018
CONSENT
ITEM #: 4
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 February 2018.
PROPOSAL DETAILS/ANALYSIS:
• Beehive training w/FOCUS Eng.
• Minnesota Street Superintendent Association Meeting (Weldon & Colemer)
• Meeting with Planning Dept. and SASCA on Reid Park Bike Trails
• Transition form Oakdale to Lake Elmo Water along I-94 Corridor
• Discover Crossing Bridge repair meeting w/ FOCUS Eng.
• I-94 Generator training
• Road Salt Symposium (Sachs & Leko)
• New CAT 5 lines at Public Works
• Booster Station Generator inspection
• Submit Water Conservation Report
• Watermain Break 32nd St. North and Lampert Ave. N
• Submit Met Council Sewer Report
• 6 snow events
• Tree trimming
• Catch basin cleaning
RECOMMENDATION:
Base on the activities listed above, City Council is respectfully asked to accept the February 2018 Public
Works Report.
Tl IE CITY oro l.L\KEELMO
TO: City Council
STAFF REPORT
DATE:
REGULAR #5
MOTION
FROM: Michael Bent, Building Official
AGENDA ITEM:
REVIEWED BY:
Approve Monthly Building Department Report for February 2018
Kristina Handt, City Administrator
BACKGROUND:
ISSUE BEFORE COUNCIL:
As part of its Consent Agenda, the City Council is asked to accept the monthly Building
Department report. No specific motion is needed, as this is recommended to be part of the overall
approval of the Consent Agenda.
PROPOSAL DETAILS/ANALYSIS:
Below is a snapshot of the monthly statistics for February 2018. Comparison data is also include
from prior years for February for 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 Pennit Valuation YTD
Total Residential Units YTD
FISCAL IMPACT: None
OPTIONS:
RECOMMENDATION:
2018
21
$7,857,107
$374,147
$16,094,393
36
2017
25
$9,241,611
$369,664
$20,297,310
46
Motion to accept the February 2018 monthly building permit report as presented.
ATTACHMENTS:
1.Valuation Report
2.Permits Issued & Fees Report
3.Inspection statistic report for February 2018
4.YTD Building Department Revenue Report
2016
12
$4,635,932
$386,327
$13,751,808
20
STAFF REPORT
DATE: March 20, 2018
CONSENT
ITEM #: 6
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Month End Fire Department Update for February 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 28 calls in February:
3 Fire Alarms
1 Dispatched and Cancelled en route
19 Medicals
2 Gas leaks
3 Motor vehicle accidents with injuries
28 Total
A Command vehicle did not respond on 9 calls for a response rate of 75%. Our average response time
was 7.5 minutes from alarm to arrival. 15 calls had 3 or less responders minus the Duty Officer with 4
calls having only 1 personnel on the first due apparatus. 8 calls this month had only shift personnel for
responders.
Safe Haven suffered a bit of a setback due to issues with the post office forwarding from the Fire
Department to City Hall. We have also been informed the grant fell through for the Fire Stops. It is not
all bad news though. Through some media notices along with the word of mouth, the program is
getting talked about. Hopefully, that transitions into what it was intended to be.
The Substitute fire fighters have started to fill in a few open shifts as needed. This has already proven to
be a valuable asset for the sake of guaranteed coverage for the part time shifts.
Drills for the Month:
#1- CEU – Power Tools
#2 – Quarterly Region’s EMS
We also had personnel active with several activities this past month such as the Washington County Fire
Investigations Team, Truck Committee, and the Washington County Active Shooter training program
(C.I.R.A.S.).
STAFF REPORT
DATE: March 20, 2018
CONSENT
ITEM # 7
AGENDA ITEM: 2017 Street Improvements - Change Order No. 3
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 3 for the 2017 Street
Improvements?
BACKGROUND: Hardrives, Inc. was awarded a construction contract to complete the 2017 Street
Improvements on May 16, 2017. At this time the work has been completed. Engineering is working with
the contractor to close out the project.
PROPOSAL DETAILS/ANALYSIS: Hardrives, Inc. has submitted a change order to address five
changes requested by the City as follows:
1. Adjust manhole 307-4 to align with the new concrete curb and gutter.
2. Sawcut, excavate, and correct roadway settlements due to failed subgrades.
3. Install special castings on two storm sewer structures to match curb type installed.
4. Drainage corrections at 9455 55th Street to adjust landscaped area with new street grades.
5. Sawcut driveways for expanded driveway transitions.
FISCAL IMPACT: This change order will increase the contract in the amount of $12,774.61 bringing the
revised construction contract to $1,078,892.96. 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. 3 for the 2017 Street Improvements. If removed from the consent agenda, the
recommended motion for the action is as follows:
“Move to approve Change Order No. 3 for the 2017 Street Improvements, thereby increasing the
contract amount by $12,774.61”.
ATTACHMENTS:
1. Change Order No. 3.
CHANGE ORDER NO. 3
2017 STREET IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2016.135
QUANTITY UNIT PRICE AMOUNT
CO3‐1 LS 1.0 $4,226.75 $4,226.75
CO3‐2 LS 1.0 $5,658.50 $5,658.50
CO3‐3 EA 2.0 $312.55 $625.10
CO3‐4 LS 1.0 $1,542.51 $1,542.51
CO3‐5 LS 1.0 $721.75 $721.75
TOTALS ‐ CHANGE ORDER NO. 3 $12,774.61
Adjust manhole 307‐4 to align with new curb.
Sawcut, excavate, and correct roadway settlements due to failed
subgrades.
Special order castings to accommodate curb and gutter type.
Drainage corrections at 9455 55th Street to adjust landscaped area with
new street grades.
Driveway sawcuts for expanded driveway transistions.
MODIFY STORM SEWER STRUCTURE
EXCAVATE AND REPAIR ROADWAY SETTLEMENTS
FURNISH AND INSTALL SPECIAL STORM SEWER CASTINGS
REMOVE AND REPLACE ROCK TO RAISE BOULEVARD GRADES
MOBILIZE AND SAWCUT DRIVEWAYS
DESCRIPTION / JUSTIFICATIONITEM DESCRIPTION OF PAY ITEM UNIT
CHANGE ORDER
STAFF REPORT
DATE: March 20, 2018
CONSENT #8
AGENDA ITEM: 2017 Street Improvements – Pay Request No. 5
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. 5 for the 2017 Street
Improvements?
BACKGROUND: Hardrives, Inc. was awarded a construction contract on May 16, 2017 to complete the
2017 Street Improvements project. At this time the work has been completed. Engineering is working with
the contractor to close out the project.
PROPOSAL DETAILS/ANALYSIS: Hardrives, Inc., has submitted Partial Pay Request No. 5 in the
amount of $20,505.35. The request has been reviewed and payment is recommended in the amount
requested. In accordance with the contract documents, the City has retained 5% of the total work completed.
The amount retained is $50,340.16.
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. 5 for the 2017 Street Improvements. If removed from the consent agenda, the
recommended motion for the action is as follows:
“Move to approve Pay Request No. 5 to Hardrives, Inc. in the amount of $20,505.35 for the 2017 Street
Improvements project”.
ATTACHMENTS:
1. Partial Pay Estimate No. 5.
PARTIAL PAY ESTIMATE NO. 5
2017 STREET IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2016.135
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
1 LS 1
$4,226.26 $4,226.26 0.00 $0.00 1.00 $4,226.26
2 LS 1
$1,890.12 $1,890.12 0.00 $0.00 1.00 $1,890.12
3 LF 180
$2.63 $473.40 0.00 $0.00 220.00 $578.60
4 EA 39
$90.00 $3,510.00 23.00 $2,070.00 60.00 $5,400.00
5 EA 11
$231.01 $2,541.11 0.00 $0.00 15.00 $3,465.15
6 EA 11
$126.01 $1,386.11 0.00 $0.00 15.00 $1,890.15
7 CY 2,080
$10.00 $20,800.00 1,170.00 $11,700.00 1,170.00 $11,700.00
8 SY 10,330
$4.40 $45,452.00 0.00 $0.00 7,175.00 $31,570.00
9 SY 2,140
$1.95 $4,173.00 0.00 $0.00 2,851.00 $5,559.45
10 EA 10
$472.53 $4,725.30 0.00 $0.00 0.00 $0.00
$89,177.30 $13,770.00 $66,279.73
1 LF 281
$5.25 $1,475.25 0.00 $0.00 273.00 $1,433.25
2 EA 12
$420.02 $5,040.24 0.00 $0.00 13.00 $5,460.26
3 EA 1
$420.02 $420.02 0.00 $0.00 1.00 $420.02
4 EA 13
$159.82 $2,077.66 0.00 $0.00 13.00 $2,077.66
5 EA 13
$659.11 $8,568.43 0.00 $0.00 13.00 $8,568.43
6 LF 66 $31.50 $2,079.00 0.00 $0.00 98.00 $3,087.00
7 LF 1,773 $32.55 $57,711.15 0.00 $0.00 1,772.00 $57,678.60
8 LF 20
$60.90 $1,218.00 0.00 $0.00 16.00 $974.40
9 EA 5
$945.06 $4,725.30 0.00 $0.00 4.00 $3,780.24
10 EA 1
$2,205.12 $2,205.12 0.00 $0.00 1.00 $2,205.12
11 EA 4
$1,732.60 $6,930.40 0.00 $0.00 6.00 $10,395.60
12 EA 17
$2,058.11 $34,987.87 0.00 $0.00 18.00 $37,045.98
13 CY 39
$89.25 $3,480.75 0.00 $0.00 38.30 $3,418.28
14 LF 220
$17.85 $3,927.00 0.00 $0.00 335.00 $5,979.75
$134,846.19 $0.00 $142,524.59
1 LF 310
$1.00 $310.00 0.00 $0.00 310.00 $310.00
2 LF 130
$1.65 $214.50 0.00 $0.00 161.00 $265.65
3 SY 680
$4.12 $2,801.60 20.00 $82.40 650.00 $2,678.00
4 SY 220
$7.49 $1,647.80 0.00 $0.00 196.00 $1,468.04
5 SY 41,776
$1.35 $56,397.60 0.00 $0.00 41,776.00 $56,397.60
6 CY 4,062 $9.47 $38,467.14 0.00 $0.00 3,721.00 $35,237.87
7 LF 3,174
$1.01 $3,205.74 3,174.00 $3,205.74 3,174.00 $3,205.74
8 CY 370
$0.01 $3.70 0.00 $0.00 349.00 $3.49
9 RS 121
$250.00 $30,250.00 0.00 $0.00 121.00 $30,250.00
10 SY 893
$18.00 $16,074.00 130.00 $2,340.00 760.00 $13,680.00
11 TN 4,380
$48.75 $213,525.00 44.85 $2,186.44 4,172.56 $203,412.30
12 TN 3,290
$51.45 $169,270.50 0.00 $0.00 2,837.39 $145,983.72
13 GAL 2,020
$1.25 $2,525.00 0.00 $0.00 200.00 $250.00
14 LF 9,560
$2.60 $24,856.00 0.00 $0.00 9,560.00 $24,856.00
15 LF 20,997
$10.25 $215,219.25 0.00 $0.00 20,939.00 $214,624.75
16 EA 3
$523.98 $1,571.94 0.00 $0.00 3.00 $1,571.94
17 SY 220
$50.61 $11,134.20 0.00 $0.00 222.78 $11,274.90
18 LF 2,000
$9.60 $19,200.00 0.00 $0.00 1,830.00 $17,568.00
19 EA 20
$230.00 $4,600.00 0.00 $0.00 18.00 $4,140.00
20 EA 2 $1,454.34 $2,908.68 0.00 $0.00 2.00 $2,908.68
$814,182.65 $7,814.58 $770,086.67
TOTALS ‐ BASE CONTRACT $1,038,206.14 $21,584.58 $978,890.99
CHANGE ORDER NO. 1
CO1‐1 LS 1.0 $2,400.00 $2,400.00 0.00 $0.00 1.0 $2,400.00
CO1‐2 LF 54.0 $5.25 $283.50 0.00 $0.00 54.0 $283.50
CO1‐3 LF 54.0 $60.90 $3,288.60 0.00 $0.00 54.0 $3,288.60
CO1‐4 EA 1.0 $2,205.15 $2,205.15 0.00 $0.00 1.0 $2,205.15
CO1‐5 EA 1.0 $700.00 $700.00 0.00 $0.00 1.0 $700.00
CO1‐6 LS 1.0 $3,150.00 $3,150.00 0.00 $0.00 1.0 $3,150.00
CO1‐7 LS 1.0 $3,715.00 $3,715.00 0.00 $0.00 1.0 $3,715.00
MOBILIZATION
REMOVE STORM SEWER
18‐INCH RCP STORM SEWER
18‐INCH FES W/ TRASHGUARD
CONNECT TO EXISTING STRUCTURE
CULVERT 305‐1 EXTENSION
CULVERT 306‐1 EXTENSION
SUBTOTAL ‐ DIVISION 3
SUBGRADE CORRECTION
SUBGRADE PREPARATION OF RECLAIMED SURFACE (P)
BITUMINOUS DRIVEWAY PAVEMENT
MANHOLE UPPER SECTION REHABILITATION
SAW AND SEAL STREET (40' INTERVALS)
BITUMINOUS NON‐WEARING COURSE
BITUMINOUS WEARING COURSE
CONCRETE CURB AND GUTTER, ALL TYPES
6" CONCRETE FLUME (ALL TYPES)
6" CONCRETE DIRVEWAY PAVEMENT
4" PERFORATED PVC EDGE DRAIN
DRAINTILE CLEANOUT
12" RCP STORM SEWER PIPE
15" RCP STORM SEWER PIPE
18" RCP STORM SEWER PIPE
TRAFFIC CONTROL
SILT FENCE
INLET PROTECTION
CLEAR TREE
GRUB TREE
IMPORT AND PLACE TOPSOIL BORROW
SODDING
SEED, MULCH, & FERTILIZER
REINSTALL PROPERTY CORNER
DIVISION 2 ‐ STORM SEWER IMPROVEMENTS
REMOVE & DISPOSE OF EXISTING STORM SEWER (ALL SIZES AND TYPES, INCL. END SECT
REMOVE & DISPOSE OF EXISTING STORM SEWER STRUCTURE
SUBTOTAL ‐ DIVISION 1
DIVISION 1 ‐ GENERAL
MOBILIZATION
REMOVE & DISPOSE OF ENERGY DISSIPATION STRUCTURE
REMOVE CATCH BASIN CASTING
R‐3067 CATCH BASIN CASTING
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
15" FLARED END SECTION
18" FLARED END SECTION
CATCH BASIN TYPE 404
CATCH BASIN/MANHOLE TYPE 406
RIP RAP INCL. GEOTEXTILE
GRADE TO DRAIN
BITUMINOUS MATERIAL FOR TACK COAT
REMOVE & DISPOSE OF EXISTING CONCRETE CURB AND GUTTER, ALL TYPES
REMOVE & DISPOSE OF EXISTING BITUMINOUS PAVEMENT (DRIVEWAY)
SUBTOTAL ‐ DIVISION 2
REMOVE & DISPOSE OF EXISTING CONCRETE PAVEMENT (DRIVEWAY)
RECLAIM EXISTING BITUMINOUS AND BASE MATERIALS (8" DEPTH INCL. BIT. CURB) (P)
DIVISION 3 ‐ STREET IMPROVEMENTS
SAWCUT BITUMINOUS OR CONCRETE
HAUL OUT EXCESS RECLAIMED MATERIAL (LV)
2' AGGREGATE SHOULDERING
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
TOTALS ‐ CHANGE ORDER NO. 1 $15,742.25 $0.00 $15,742.25
CHANGE ORDER NO. 2
CO2‐1 HR 64.0 $90.64 $5,800.96 0.00 $0.00 64.0 $5,800.96
CO2‐2 SF 300.0 $6.88 $2,064.00 0.00 $0.00 300.0 $2,064.00
CO2‐3 HR 20.5 $210.00 $4,305.00 0.00 $0.00 20.5 $4,305.00
TOTALS ‐ CHANGE ORDER NO. 2 $12,169.96 $0.00 $12,169.96
TOTALS ‐ REVISED CONTRACT $1,066,118.35 $21,584.58 $1,006,803.20
CONCRETE CURB STRING LINE ADJUSTMENTS
CONCRETE VALLEY GUTTER
STOCKPILE EXCESS RECLAIM AT PUBLIC WORKS
STAFF REPORT
DATE: March 20, 2018
CONSENT #9
AGENDA ITEM: Assessment of Service Charges and Nuisance Abatement Ordinance
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
In an effort to continue to improve our efficiency in dealing with nuisance properties, staff asked the City
Attorney to draft an ordinance to allow the city to charge for nuisance removal and allow for assessment
of those charges if they are not paid after billing. The last section in the ordinance amendment also looks
to streamline the process in addressing nuisances by allowing the Building Official to abate the nuisance
after providing notice to the property owner rather than having to wait for Council action.
ISSUE BEFORE COUNCIL:
Should the Council approve an ordinance to allow the assessment of charges for services and nuisance
abatements?
PROPOSAL:
The first section of the proposed ordinance amendments would allow the city to charge certain services as
allowed under state statute. Statute requires that the city first adopt an ordinance in order to do so. While
there may be some items that the city will likely never use (pedestrian skyway for example) they are
included in case anything should change in the future.
The second section of the proposed ordinance amendments would allow the city to charge for emergency
services. Currently the city bills $500 for structure fires as it is an allowance built into every insurance
policy. If homeowner has no insurance we do not pursue it. While the ordinance mirrors what is currently
in statute, staff is not proposing to change our current practices. We are just proposing the ordinance so
that we have the proper documentation in place to bill the $500.
The third section streamlines the process of abating a nuisance by allowing the Building Official to provide
notice and then abate it if the property owner has not done so with a specified amount of time. Currently, it
takes a majority vote of the City Council to order an abatement which does not allow us to respond as
quickly as some members of the public would like us to.
FISCAL IMPACT:
Neutral as the City would be able to recover costs associated with abatement.
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve Ord No 08-203.”
AND
“Motion to Approve Resolution No 2018-024 Authorizing Summary Publication of Ord No 08-203.”
ATTACHMENTS:
• Ordinance No 08-203
• Resolution No 2018-024
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-203
AN ORDINANCE ADDING A NEW SECTION 11.02 TO THE LAKE ELMO CITY
CODE REGARDING SPECIAL ASSESSMENTS FOR SERVICES, ADDING A NEW
SECTION 11.03 TO THE LAKE ELMO CITY CODE REGARDING CHARGES FOR
EMERGENCY AND OTHER SERVICES, AND AMENDING CHAPTER 96 OF THE
LAKE ELMO CITY CODE RELATED TO NUISANCE ABATEMENT
SECTION 1. The City Council of the City of Lake Elmo hereby adds a new Section 11.02 to the
City Code which shall read as follows:
§ 11.02 CURRENT SERVICES; PERSONAL LIABILITY; SPECIAL ASSESSMENTS.
(A) Authority. This section is adopted pursuant to Minnesota Statutes Section 429.101.
(B) Application. This section applies to the following City services:
(1) Snow, ice, or rubbish removal from sidewalks;
(2) The repair of sidewalks and alleys;
(3) Weed elimination from streets or private property;
(4) Removal or elimination of public health or safety hazards from private
property, excluding any structure included under the provisions of
Minnesota Statutes Sections 463.15 to 463.26;
(5) Installation or repair of water service lines, street sprinkling or other dust
treatment of streets;
(6) The trimming and care of trees and the removal of unsound trees from a
street;
(7) The treatment and removal of insect infested or diseased trees on private
property;
(8) The operation of a street lighting system;
(9) The operation and maintenance of a fire protection system;
(10) The operation and maintenance of a pedestrian skyway system;
(11) Inspections relating to a City housing maintenance code violation;
(12) The recovery of any disbursements under Minnesota Statutes Section
504B.445, subdivision 4, clause (5), including disbursements for payment
2
of utility bills and other services, even if provided by a third party, necessary
to remedy violations as described in Minnesota Statutes Section 504B.445,
subdivision 4, clause (2); and
(13) The recovery of delinquent vacant building registration fees under a City
program designed to identify and register vacant buildings.
(C) Personal liability. Except as otherwise provided by law, the owner of property on
which or adjacent to which a current service has been performed under this section, is personally
liable for the cost of the service. As soon as the service has been completed and the cost is
determined, the Finance Director or other designated City official will prepare a bill and mail it to
the owner and thereupon the amount will be due and payable in the office of the Finance Director.
(D) Assessment. On or before September 15th of each year, the Finance Director will
list the total unpaid charges for current services against each separate lot or parcel to which they
are attributable to under this section. The City Council may then levy the unpaid charges against
the property as a special assessment under Minnesota Statutes Section 429.101 and other pertinent
statutes, for certification to the county auditor, and collection along with current taxes the
following year or in annual installments, not exceeding 10, as the Council determines.
SECTION 2. The City Council of the City of Lake Elmo hereby adds a new Section 11.03 to the
City Code which shall read as follows:
§ 11.03 CHARGES FOR EMERGENCY SERVICES; COLLECTION; COLLECTION OF
UNPAID SERVICE CHARGES AND FEES.
(A) Authority. This section is adopted pursuant to Minnesota Statutes Sections 415.01,
366.011, and 366.012.
(B) Charges for emergency services; collection. The City may impose a reasonable
service charge for emergency services, including fire, rescue, medical, and related services
provided by the City or contracted for by the City. If the service charge remains unpaid for 30
days after a notice of delinquency is sent to the recipient of the service or the recipient’s
representative or estate, the City or its contractor on behalf of the City may use any lawful means
allowed to a private party for collection of an unsecured delinquent debt. The City may also use
the authority of Section 11.03 (C) to collect unpaid service charges of this kind from delinquent
recipients of services who are owners of taxable property in the City, or areas served by the City
for emergency services.
The powers conferred by this section are in addition and supplemental to the powers conferred by
any other law for a City to impose a service charge or assessment for a service provided by the
City or contracted for by the City.
(C) Collection of unpaid service charges and fees. If the City is authorized to impose
a service charge or fee on the owner, lessee, or occupant of property, or any of them, for a
governmental service provided by the City, the City may certify to the county auditor, on or before
October 15th for each year, any unpaid service charges or fees which shall then be collected
together with property taxes levied against the property. A charge or fee may be certified to the
auditor only if, on or before September 15th, the City has given written notice to the property owner
3
of its intention to certify the charge or fee to the auditor. The service charges or fees shall be
subject to the same penalties, interest, and other conditions provided for the collection of property
taxes. This section is in addition to any other law authorizing the collection of unpaid costs and
service charges or fees.
SECTION 3. The City Council of the City of Lake Elmo hereby repeals Sections 96.11 and 96.12
of the City Code in their entireties.
SECTION 4. The City Council of the City of Lake Elmo hereby adds a new Section 96.11 to the
City Code which shall read as follows:
§ 96.11. NUISANCE ABATEMENT PROCEDURE.
(A) Notice. Whenever the City determines that a public nuisance is being maintained or exists
on a premises in the City, the Building Official or his or her designed representative may abate the
nuisance after providing written notice to the affected record property owner.
(1) The notice shall be given to the affected record property owner by U.S. Mail or
personal delivery. Refusal by the recipient to accept the notice shall not constitute a defense that
the notice was not received. If the record owner is not able to be found, the City shall attach a
copy of the notice or a door hanger with the same information to main entrance door of the
principal structure on the property. The notice shall state the following information:
(a) The date;
(b) The address or legal description of the property;
(c) A description of the nuisance and the section or sections of the City Code
which was/were violated;
(d) The steps to be taken in order to abate the nuisance;
(e) The date by which the nuisance must be abated (grass and weed violations
must be abated within five calendar days from the date of the notice);
(f) That if the nuisance is not abated by the date stated, the City will abate the
nuisance and the costs incurred by the City will be charged, and if left
unpaid, will be certified to the county auditor for collection with property
taxes or specially assessed;
(g) That the recipient has the right to request a hearing before the City Council
and the date the hearing request must be made by; and
(h) A description of the penalties that may apply if the condition is not
corrected.
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(B) Abatement. If the nuisance is not abated by the date stated in the notice and no hearing
has been requested, the City may abate the nuisance. City staff must keep a record of the total cost
of the abatement attributable to the property and report the information to the City Administrator.
(C) Abatement charges. When the abatement has been completed and the cost determined,
the City shall prepare a bill and mail it to the record owner and thereupon the amount shall be
immediately due and payable. If the record owner fails to pay the bill, the total charges may be
certified by the City to the county auditor for collection with property taxes as set forth in Section
11.03 (C) of this code or specially assessed in accordance with Minnesota Statutes Sections
429.101 and 429.061, whichever may be applicable.
(D) Emergency abatement. Nothing in this subchapter shall prevent the City, without notice
or other process, from immediately abating any nuisance condition in an emergency situation
which poses an imminent and serious hazard to the public health, safety, or welfare. To proceed
with immediate abatement, the City official shall determine that a public nuisance exists or is being
maintained on the premises and that delay in abatement will unreasonably endanger the public
health, safety, or welfare. If at all possible, the City official shall attempt to notify the record
owner of the nature of the nuisance and the abatement prior to the abatement. If notification prior
to abatement is not possible, the City official shall notify the record owner as soon as practicable
after abatement.
SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 6. Adoption Date. This Ordinance 08-203 was adopted on this ______ day of ___
2018, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance ____ was published on the ____ day of ___________________, 2018.
Resolution 2018-024 Page 1 of 2
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2018-024
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-203 BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-203, an
ordinance adding section to the City Code regarding special assessments for services and charges
for emergency services and amending Chapter 96 of the Lake Elmo Code regarding nuisance
abatement; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-203 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-203, which makes the
following changes to City Code:
• Adds section 11.02 to the City Code which allows the city to charges for services and assess
them to the property if not paid.
• Adds section 11.03 to the City Code which allows the City to charge for emergency
services.
• Amends Chapter 96 of the City Code to allow the Building Official to abate a nuisance
after notice to the property owner.
The full text of Ordinance No. 08-XX is available for inspection at Lake Elmo city hall during regular
business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of
the ordinance be placed in a public location within the City.
Dated: March 20, 2018
Resolution 2018-024 Page 2 of 2
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
STAFF REPORT
DATE: March 20, 2018
CONSENT
ITEM #: 10
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Approval of Cooperative Agreement with Washington County for
BoldPlanning Software
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: Through the utilization of FEMA Urban Area Security Initiative (UASI)
funding, the Washington County Sheriffs Office, Emergency Management is offering access to
Bold Planning software. The software will be available to those cities and townships that are
interested in utilizing the cloud-based system for their Emergency Operations Plan (EOP) and/or
Continuity of Operations Plan (COOP).
Benefits to us:
• The county has grant funding to pay for the annual maintenance fee AND an initial
training session with BoldPlanning.
• Technical assistance from BoldPlanning is included in the fee paid for through the
grant.
• Washington County will be entering data for the county Emergency Operations Plan
(EOP) into BoldPlanning in 2018 as well. The county, cities, and townships can try
to collaborate on areas of service that overlap.
• The cloud-based system makes it significantly easier to keep a plan updated and
available to those who need access.
ISSUE BEFORE COUNCIL: Should the Council approve the cooperative agreement between
Washington County and various municipalities within the county for the purpose of allowing
said municipalities access to and utilization of bold planning software?
PROPOSAL DETAILS/ANALYSIS: This program affords us the opportunity to take a more
regional approach to updating and maintaining our required plans. We will now have the ability
to share and gather this information internally between City Departments and externally amongst
various agencies. Including the ability to review other plans at any time and to avoid
”reinventing the wheel”.
FISCAL IMPACT: $0, unless the grant funding stops or the County opts to stop funding. If this
occurs, the City would have the option to continue on their own, or discontinue utilization of the
software.
OPTIONS:
1) Approval Agreement
2) Deny approval
RECOMMENDATION: Approve Washington County Cooperative Agreement #11607 for
allowing access to and utilization of BoldPlanning Software.
ATTACHMENTS: Copy of cooperative agreement #11607
STAFF REPORT
DATE: March 20, 2018
CONSENT
ITEM #: 11
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Accept resignation of Probationary, Part Time Firefighter Kyle Jacket
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: Probationary Firefighter Kyle Jacket submitted his letter of resignation on
March 2, 2018, effective immediately.
ISSUE BEFORE COUNCIL: Should the Council accept Kyle Jackets resignation?
PROPOSAL DETAILS/ANALYSIS: Staff recommends accepting Kyle Jackets resignation.
OPTIONS:
1) Accept letter of resignation.
2) Do not accept letter of resignation
RECOMMENDATION:
If removed from the consent agenda:
“Move to accept Kyle Jackets resignation.”
ATTACHMENTS: None
STAFF REPORT
DATE: March 20, 2018
REGULAR
ITEM #: 12
TO: Mayor and City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Authorize Advertising for Part Time Firefighters.
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
On July 18, 2017, the City Council approved the hiring of Part Time Firefighters to staff the
station, 7 days a week from 6 AM to 6 PM, (2 – 6 hour shifts daily). Staffing would be as
follows:
M-F, 6 AM – Noon, 1-Part Time Firefighter + Administrative Assistant from 7 – Noon
M-F, Noon – 6 PM, 2-Part Time Firefighters
Sat/Sun, 6 AM – Noon, 2-Part Time Firefighters
Sat/Sun, Noon – 6 PM, 2-Part Time Firefighters
Since implementation of this staffing, we have struggled to fill all shifts. At the February 7, 2018
Council meeting the Substitute Firefighter position was approved. This utilizes Firefighters from
our current Paid on Call ranks to fill shift openings. While this has improved our shift coverage,
the recent resignation of one Part Time Firefighter has set us back.
Staff has taken this opportunity to pause and evaluate the staffing with Part Time Firefighters to
date and determine what is working, what isn’t and what can we improve on? We have also
asked the remaining Part Timers to evaluate changes in their availability since being hired and
any foreseen changes. Several of them are considering the option of the Substitute Firefighter as
a better alternative by allowing them to continue shift work and fit into their current life better.
ISSUE BEFORE COUNCIL:
Should the Council approve authorizing advertising for Part Time Firefighters and creating an eligibility
list?
PROPOSAL:
Staff would like to advertise for the hiring of Part Time Firefighters to build an applicant list, to be utilized
and valid for one year. This should help us fill current openings and any vacancies that may arise, without
the need to go through the entire process again.
FISCAL IMPACT:
There will be no additional wage impact as we will advertise at the current $17/hour rate. The only
additional costs will be for the necessary uniforms and turnout gear.
RECOMMENDATION:
“Move to approve authorize advertising for Part Time Firefighters and creation of an eligibility list.”
ATTACHMENTS: None
STAFF REPORT
DATE: March 20, 2018
CONSENT
ITEM #: 13
AGENDA ITEM: Accept resignation of Tim Strong
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND:
Tim Strong has submitted his resignation effective March 15th, 2018. Staff will review the current
candidate pool and recommend a replacement hire at a future Council meeting.
ISSUE BEFORE COUNCIL:
Should the Council accept Tim Strong’s resignation?
PROPOSAL:
Staff recommends accepting Tim Strong’s resignation.
FISCAL IMPACT:
No fiscal impact at this time.
RECOMMENDATION:
If removed from the consent agenda:
“Move to accept Tim Strong’s resignation.”
ATTACHMENTS:
None
STAFF REPORT
DATE: March 20, 2018
CONSENT #14
AGENDA ITEM: Step Increase, Planning Director
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
Per the city’s Compensation Policy, “A probationary employee may advance to the next pay step after
satisfactorily completing six months of employment which meets performance expectations, subject to
approval of the City Council… Determination of satisfactory performance must be recommended by the
immediate supervisor on forms prescribed by the City Administrator.”
Jake Foster was hired as Assistant City Administrator with a start date of September 18, 2017. His
probationary period will end March 18, 2018. On March 14th, a probationary performance review was
completed, discussed by the employee and City Administrator. The discussion included a review of
performance as it relates to the Assistant City Administrator essential functions and sets out goals for the
next review period.
ISSUE BEFORE COUNCIL:
Should the Council approve a step increase for Asst. Admin Foster?
PROPOSAL:
I am recommending Foster receive one step increase effective March 18, 2018. He was hired at the grade
minimum and would move to step 2 in the non-represented pay plan. Step two is a biweekly pay rate of
$2,231.20.
FISCAL IMPACT:
Employee wage adjustments consistent with the Compensation Policy and Pay Plan were included in the
2018 budget.
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve a step increase to $2,231.20 bi weekly for Asst. Admin Foster effective March 18,
2018.”
ATTACHMENTS:
• None
STAFF REPORT
DATE: March 20, 2018
CONSENT #15
AGENDA ITEM: Step Increase, City Planner
SUBMITTED BY: Emily Becker, Planning Director
BACKGROUND:
Per the city’s Compensation Policy, “A probationary employee may advance to the next pay step after
satisfactorily completing six months of employment which meets performance expectations, subject to
approval of the City Council… Determination of satisfactory performance must be recommended by the
immediate supervisor on forms prescribed by the City Administrator.”
Ben Prchal was hired as City Planner effective September 20, 2017. His probationary period will end
March 20, 2018. On March 14, 2018, a probationary performance review was completed, discussed by
the employee and Planning Director. The discussion included a review of performance as it relates to the
City Planner essential functions and sets out goals for the next review period.
ISSUE BEFORE COUNCIL:
Should the Council approve a step increase for Planner Prchal?
PROPOSAL:
I am recommending Planner Prchal receive one step increase effective March 20, 2018. He was hired at
the grade minimum ($26.46/hr.) and would move to step 2 in the non-represented pay plan. Step two is an
hourly rate of $27.89.
FISCAL IMPACT:
Employee wage adjustments consistent with the Compensation Policy and Pay Plan were included in the
2018 budget.
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve a step increase to $27.89/hr. for Planner Prchal effective March 20, 2018.”
ATTACHMENTS:
• None
STAFF REPORT
DATE: March 20, 2018
CONSENT #16
AGENDA ITEM: Appeal Water Permit Conditions from DNR
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
On August 30, 2017, Judge Margaret Marrinan ruled in favor of the plaintiffs (White Bear Lake
Restoration Association and White Bear Lake Homeowners Association) in their case against the DNR
related to the lake levels of White Bear Lake. Her order included restrictions or led to conditions being
places on groundwater permits within a 5 mile radius of White Bear Lake. The first condition (plan to
convert to surface water) was placed on the permit in January while the last three conditions were added
on March 1, 2018.
ISSUE BEFORE COUNCIL:
Should the City appeal the conditions placed on the MN DNR Water Appropriations Permit?
PROPOSAL DETAILS/ANALYSIS:
The City has 30 days to appeal the conditions placed on the permit. As discussed at the March 13th work
session, staff has prepared a letter to demand a hearing and appeal the conditions as allowed under state
statute and administrative rules. While the judge has issued a temporary stay of the order, staff still believes
it is best to appeal these conditions since they have been placed on the permit. Not doing so would be
acquiescing to them.
RECOMMENDATION:
If removed from the consent agenda:
Motion to approve submitting the letter of appeal to the DNR for the recently added water appropriations
permit conditions.”
ATTACHMENTS:
• Draft Letter of Appeal
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
March 20, 2018
Joe Richter
District Appropriations Hydrologist
MN Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
Re: Water Appropriation Permit Number 1961-1031
Dear Mr. Richter:
The City of Lake Elmo formally objects to the amendments on its Water Appropriation Permit
Number 1961-1031 issued by the DNR and demands a hearing. We believe the amendments are
arbitrary and capricious and not supported by substantial scientific evidence to support the
conclusions. The permit amendments for which the City requests a hearing under Minnesota
Statutes section 103G.311, subdivision 5, include:
• Ramsey County District Court Order: 62-CV-13-2414 – Plan to Convert to Surface Water
• Ramsey County District Court Order: 62-CV-13-2414 – Residential Irrigation Ban
• Ramsey County District Court Order: 62-CV-13-2414 – Per Capita Water Use Plan
• Ramsey County District Court Order: 62-CV-13-2414 – Report on Collaborative Efforts
The City believes it is a public authority that is not required to submit a bond or security under
Minnesota Statutes section 103G.311, subdivision 6. To the extent that a bond or security may be
considered necessary, the City hereby promises to pay the appropriate hearing costs under section
103G.311, subdivision 7, if the order is affirmed without material modification.
Sincerely,
Mike Pearson
Mayor, City of Lake Elmo
Cc: Commissioner Tom Landwehr
Department of Natural Resources
500 Lafayette Road
St. Paul, MN 55155
STAFF REPORT
DATE: 3/20/2018
AGENDA ITEM: 17
TO: City Council
FROM: Emily Becker, Planning Director
ITEM: Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD Plans
REVIEWED BY: Jack Griffin, City Engineer
BACKGROUND:
Robert Engstrom Companies is requesting approval of final plat, final PUD development plans for
the third phase of the Wildflower at Lake Elmo PUD development. The final plat includes 25 single
family residential lots located to the east of the second phase and to the northwest of the first phase.
Staff is recommending approval of the request subject to compliance with the conditions listed in this
report.
PROPOSAL DETAILS/ANALYSIS:
Applicant: Robert Engstrom Companies; 4801 West 81st Street, #101, Bloomington, MN
Property Owners: Robert Engstrom Companies; 4801 West 81st Street, #101, Bloomington, MN
Location: Outlot B, Wildflower at Lake Elmo 2nd Addition, and Outlot P, Wildflower at
Lake Elmo 1st Addition
Request: Application for lot Final Plat and Final Planned Unit Development (PUD)
Plan approval for the third phase of the Wildflower PUD development. The
final plat includes 25 single-family residential lots, and an outlot for future
development.
Existing Land Use/ Vacant outlot and MDR/PUD.
Zoning:
Surrounding: North – vacant outlot and MDR/PUD zoning –; west - Wildflower 2nd
Addition and MDR/PUD zoning and Lake Elmo Avenue; south – offices,
business park land – VMX – Village Mixed Use; east – Wildflower outlot and
open space/Field of St. Croix II subdivision open space – RR and OP zoning.
Comprehensive Plan: Village Medium Density Residential (2.5-4.99 units per acre)/Village Open
Space Overlay
History: The property is within the Village Planning Area boundary and municipal
sewer service area. The site was historically been used for farming activities.
A large portion of the site is located in a FEMA Flood District. The City
approved a Comprehensive Plan Amendment in 2014 that removed portions
of the site from the open space land category. The City approved a PUD
Concept Plan for the property on June 17, 201
2
4, and a preliminary plat and preliminary PUD plans on April 7, 2015. Wildflower 1st Addition
received final plat and PUD plan approval on 7/21/15 and Wildflower 2nd
Addition received final plat and PUD plan approval on December 6, 2016. A
PUD amendment was processed on June 6, 2017.
Deadline for Action: Application Complete – 2/12/2018
60 Day Deadline – 4/13/2018
Extension Letter Mailed – No
120 Day Deadline – NA
Regulations: Chapter 153 – Subdivision Regulations
Article 10 – Urban Residential Districts (MDR)
Article 16 – Planned Unit Development Regulations
§150.270 Storm Water, Erosion, and Sediment Control
Robert Engstrom Companies is requesting approval of a final plat and final PUD plan associated with
the second phase of the Wildflower Planned Unit Development (PUD). The proposed final plat will
replat the Outlot P, Wildflower at Lake Elmo 1st Addition, 7.89 acres, and Outlot B, Wildflower at
Lake Elmo 2nd Addition, 3.62 acres, in to 25 single-family residential lots, of which 12 will be the
“garden villa” homes while the remaining 13 will be conservancy lots located on Prairievew Trail. In
addition to the 25 single family homes, the final plat and PUD plans include one outlot. Outlot A is
8.3697 acres in size and will be redeveloped into residential lots in the future. The twelve garden
villa lots average 0.1607 aces in size with the smallest lot being 0.1405 acres in size and the largest
0.1758 acres in size; the 13 conservancy single family lots average 0.29 acres in size, with the
smallest being 0.2975 acres in size and largest being 0.6083 the acres in size. The lots sizes and
dimensions are consistent with the preliminary plat and PUD Plans.
Plat Summary:
Development area
Outlots C of 2nd Addition: 3.62 acres
Outlot P of 1st Addition: 7.89 acres
Residential lots: 25 (12 villa, 13 conservancy)
Outlot for future development (Outlot A): 8.3697 acres
R/W area: 3.5237 acres
Average garden villa lot size: 0.16 acres
Average conservancy lot size: 0.29 acres
Parkland: 0 acres
Wetland and wetland buffers: 0 acres
Grading. The site was graded with the first phase development, so no grading plans were included in
the final plat submittal.
Stormwater. Stormwater issues were discussed with the approval of Wildflower 2nd Addition Final
Plat. Among these issues were the Wildflower stormwater pond depth and non-functioning
infiltration basins in the Village Preserve development. The Valley Branch Watershed District has
indicated that the infiltration basins in the Village Preserve Development have been corrected and
that further investigation is needed in to what actions need to be taken at Wildflower.
Street Names. Street names shall be given the suffix “N” prior to recording of final plat.
3
Engineering Review. The City Engineer has reviewed the final plat submittal and has prepared a
memorandum for the Commission and Council’s review. The comments in the City Engineer’s
review memorandum dated March 1, 2018 should be addressed prior to releasing the plat for
recording. Some key issues outlined in this report include:
• Payment for sanitary and watermain pipe oversizing should be addressed in the
development agreement.
• This addition proposes a sanitary lift station to be owned and operated by the City to
provide sanitary sewer service for the 13 lots along Prairieview Trail. Per the
conditions of Preliminary Plat approval, the sanitary sewer lift station will be
designed by the City’s engineering consultant, at the developer’s costs, to ensure
conformance with the City’s minimum design standards and consistency with other
lift station equipment in the City, including SCADA control systems.
• As an alternative, City staff would consider allowing the construction of a low
pressure system using individual grinder stations and a 2-inch forcemain to service
these lots, contingent upon the individual grinder stations meeting City
recommendations to ensure longer lasting equipment is provided to each property
owner.
Landscape Plan. A revised landscape plan has been submitted for review, but has not been
approved. Approval of the landscape plan should be a condition prior to releasing the plat for
recording.
Protective Easement. A condition of preliminary plat was to protect all open space with protective
easements. An protective easement is being prepared to protect Outlot A from any future
development. This should be a condition of that needs to be addressed prior to releasing the plat for
recording.
Parkland Dedication. The 1st Addition Development Agreement indicated that all parkland
dedication was satisfied within the first phase.
Timeline. The applicant’s narrative indicates the following timeline: Utilities to begin April of 2018
and completed June of 2018 with small utilities in August of 2018; street construction to be done July
of 2018; and landscaping installation complete by September of 2018.
PUD Amendment. On December 6, 2017, the Council approved a PUD amendment to amend the
Wildflower at Lake Elmo PUD Agreement. The PUD Amendment allowed for the following, which
affects 3rd Addition:
• Conservation and Prairie Lots will have setbacks consistent with LDR zoning.
• Driveway locations will be flexible on Lot 4, Block 3 and Lot 4, Block 5 in 3rd
Addition. This is subject to City review of individual building permits for unforeseen
conflicts or safety issues, and any changes to street curbing as a result of modified
driveway locations must occur prior to the installation of the final lift of asphalt being
installed.
• Up to 6% impervious coverage is allowed beyond the 50% impervious coverage
maximum for the courtyard lots with use of pervious pavers.
Preliminary Plat Conditions. The final plat is in conformance with the preliminary plat. The
preliminary plat and PUD plans were approved with conditions. Staff has provided comments on the
status of each in bold italics:
4
Preliminary Plat Conditions – With Staff Update Comments (updated information in bold
italics):
1) No lots within a FEMA flood zone shall be approved as part of a final plat until such time that
the City’s Floodplain Management Map has been amended to remove these lots. As an
alternative to amending this map, the developer must provide documentation that all structures
will be built above the regulatory flood protection elevation, that any public infrastructure will
also meet Floodplain Ordinance requirements, and that the proposed storm water ponds may be
constructed within the floodplain area. Comments: This condition will apply to the final plat
and all subsequent stages. The Valley Branch Watershed District has indicated that it will
undertake a study to amend the FEMA flood delineations to lower the flood levels in this area
to match those identified in the Goetschel Pond study. There are no buildable lots depicted on
the final plat that are located in a flood district.
2) Prior to any grading activity, the developer shall submit to the City temporary grading easements
from the owner of the lots adjacent to Layton Avenue within the Brookman Addition in order to
construct the improvements within this right-of-way as documented in the preliminary
construction plans. Comments: These easements have been secured and grading was
completed within this area.
3) The developer has requested the inclusion of public art within common areas and public property
throughout Wildflower development. Prior to the placement of any art on publicly owned
property or public rights-of-way, the developer and City shall enter into an agreement that
clarifies the individuals or entities responsible for maintenance, upkeep and removal of any
public art. No public art shall be lit in a manner that conflicts with the City’s Lighting
Ordinance. Comments: This is a condition that will apply to any placement of public art
within the development, including that installed in phase 1, the stamping of poetry into
sidewalks and sculpture in the right of way. A landscape license agreement shall be executed
to include public art as a landscape element and shall be executed prior to building permits in
the third phase.
4) Prior to the submission of a final plat for any portion of the Wildflower PUD, the developer shall
work with the City to determine the appropriate park dedication calculations for the entire
development area. Comments: The development agreement for the first phase indicated that
all park dedication was satisfied with the first phase of the development.
5) The applicant must enter into a separate grading agreement with the City prior to the
commencement of any grading activity in advance of final plat and plan approval. The City
Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan
shall document extent of any proposed grading on the site. Comments: The site grading was
completed with the first phase of the development
6) The utility construction plans shall be updated to incorporate the recommendations of the City
Engineer as described in a February 18, 2015 memorandum to the City concerning the
appropriate location and size of sewer services through the PUD planning area, including any
requested oversizing of these facilities to service adjacent properties, prior to the submission of a
final plat. Comments: The supplemental plans included in the final plat submission address
the previous review comments. The City Engineer approved the supplemental plans. This
condition has been met.
5
7) The developer shall minimize the number of rain gardens within public rights-of-way consistent
with the review comments from the City Engineer. Any such storm water infiltration features
shall be subject to review and approval by the City Engineer. Comments: All rain gardens as
previously proposed have been eliminated from the plans.
8) The preliminary development plans must be revised to comply with City Street standards as
referenced in the City Engineer’s review memorandum dated February 18, 2015. Comments:
The plans have been updated to meet City standards and were approved as part of the PUD.
9) The City approves all requests for flexibility from City Zoning and Subdivision requirements
with the exception of the street standards noted in the preceding condition. Comments: The
revised plans address this condition.
10) The applicant is encouraged to incorporate elements from the Lake Elmo Theming Study into the
open space areas within the subdivision. Comments: The final plans do not include any specific
references to the City’s theming study. This condition was not a mandatory requirement.
11) The preliminary landscape plan shall be updated to address the review comments from the City’s
landscape architecture consultant as noted in a review letter dated February 4, 2015. Comments:
The Preliminary Landscape Plans dated 5/28/15 generally meet the City’s requirements for
landscaping, however the Landscape Architect’s review comments have not been fully
addressed. The developer has since submitted an amended plan for a portion of the first
addition landscaping which have been approved, subject to the landscape requirements for the
entire site. A third phase plan has been submitted and approval of the plan shall be required
prior to recording the final plat of the 3rd Addition.
12) All center median planting areas as depicted on the preliminary plat and plans shall be owned by
the City of Lake Elmo and maintained by the Homeowners Association. The applicant shall
enter into a maintenance agreement with the City that clarifies the individuals or entities
responsible for any landscaping installed in areas outside of land dedicated as public park, trails,
or open space on the final plat. The developer has entered into a landscape license agreement
that meets this condition for the first phase which have been amended to address the public
art. A similar agreement will be required with the third addition and will be a condition of
approval. The agreement shall be executed prior to issuance of building permits in the third
phase.
13) The Final Plat and Plans must address the requested modifications outlined in the City Engineer’s
review memorandum dated February 18, 2015. Comments: The final plans have addressed
these comments.
14) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the
Developer shall enter into a Developers Agreement acceptable to the City Attorney that
delineates who is responsible for the design, construction, and payment of public improvements.
Comments: A development agreement will be entered in to with the 3rd Addition.
15) The developer shall provide an easement over or dedicate in a separate outlot all trails to be
dedicated for public use. Any such trails shall be considered a park land dedication provide said
6
trails are constructed by the developer with other public improvements within the subdivision.
Comments: There are no trails proposed with the 3rd Addition.
16) The City will not approve a final plat for any portion of Wildflower until such time that the City
has approved construction plans and received financial security related to the construction of the
public improvement project to connect the 39th Street Sewer to the 30th Street lift station.
Comments: This condition has been met and no longer applies.
17) The developer must follow all the rules and regulations of the Wetland Conservation Act, and
adhere to the conditions of approval for the Valley Branch Watershed District Permit.
Comments: The developers plan have been reviewed and approved by the Watershed District
and grading work has been completed in accordance with this permit.
18) The developer shall maintain access to the Smith property (11514 Stillwater Boulevard North)
during construction of the first development phase. Said access shall, at a minimum, be capable
of supporting emergency management vehicles and be consistent with City access driveway
standards. The existing driveway easement shall be vacated prior to the recording of the final
plat. Comments: The driveway easement from the Smith property providing access to
Stillwater Boulevard has been vacated. Easements to the City and Mr. Smith have expired
upon the recording of the 2nd Addition Final Plat. Replacement easements were a condition of
2nd Addition Final Plat recording.
19) The developer shall establish a legally binding agreement to prevent further residential or
commercial development of all outlots that are planned for open space or conservation uses
within the preliminary plat. Comments: This condition has been met for the first phase and is
was addressed in the second phase to protect Outlot A. Platting of future phases will require
such an easement over Outlot P as indicated in the preliminary plat. There are no oulots that
require a conservation easement within 3rd Addition.
Planning Commission Review. The Planning Commission held a public hearing and reviewed the
3rd Addition Final Plat at its March 12, 2018 meeting. No one from the public spoke at the public
hearing, though a number of inquiries regarding the final plat and PUD plans were received by Staff,
as well as concern that the phasing was consistent with that indicated with the approved Preliminary
Plat. The Planning Commission had initial concern about the grinder pump option in lieu of the lift
station as proposed in the City Engineer memorandum, as experience with grinder pumps has been
that they can get clogged up. However, after discussion with the City Engineer and assurance that the
grinder pumps would need to be of good quality and that the two inch pipe would be maintained by
the City, this concern was mitigated. The cost of the grinder pumps would be passed on to the
homeowner, whereas the cost of lift station maintenance would be passed on through taxes. It was
concluded that this decision should be left up to the City Engineer and developer. The Planning
Commission recommended approval 6-0.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff is recommending conditions as part of this final plat review to address issues highlighted in this
report that include conditions of the preliminary plat that have not been fully addressed by the
applicant. The City Engineer’s review memorandum dated March 1, 2018 identifies a number of
7
issues that need to be addressed by the developer in order for the City to deem the final plans
complete. Based on the above Staff report and analysis, Staff is recommending approval of the final
plat and final PUD development plans for phase two with the following conditions:
Recommended Conditions of Approval:
1) The comments in the City Engineer’s review memorandum dated March 1, 2018 shall be
addressed prior to releasing the plat for recording. Final construction plans shall be reviewed and
approved by the City Engineer prior to the recording of the Final Plat. All changes and
modifications to the plans requested by the City Engineer in a memorandum dated March 1, 2018
and any future reviews shall be incorporated into these documents before they are approved.
2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City Council that
delineates who is responsible for the design, construction, and payment of the required
improvements for the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD
Development Plans with financial guarantees therefore.
3) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the execution of the final plat by City Officials.
4) A Common Interest Agreement concerning management of the common areas of Wildflower at
Lake Elmo 3rd Addition and establishing a homeowner’s association shall be submitted in final
form to the Community Development Director before a building permit may be issued for any
structure within this subdivision.
5) The applicant shall also enter into a landscape license/public art agreement and maintenance
agreement with the City that clarifies the individuals or entities responsible for any landscaping
and public art installed in areas outside of land dedicated as public park and open space on the
final plat.
6) The landscape plan shall be reviewed and approved by the City prior to releasing the final plat for
recording.
7) Street signs and no parking signs shall be installed on City Streets within the development prior
to any building permits being issued.
8) Street names shall be given the suffix “N” prior to recording of final plat.
9) That the Developer adhere to the Alley Snow and Ice Removal Agreement regarding snow and ice
removal from the Courtyard Alleys.
DRAFT FINDINGS
Staff is recommending that the Planning Commission consider the following findings with regards to
the proposed Wildflower Final Plat and Final PUD Plans
8
1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat
have been met by the Applicant.
2) That the proposed Final Plat for Wildflower at Lake Elmo 3rd Addition consists of the creation of
25 single-family detached residential structures.
3) That the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD Plan is consistent with
the Preliminary Plat and Plans as approved by the City of Lake Elmo on April 7, 2014.
4) That the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD Plan is consistent with
the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
5) That the Wildflower at Lake Elmo 3rd Addition Final Plat generally complies with the City’s
Urban Medium Density Residential zoning district, with the exceptions as noted in the approved
Preliminary PUD Plans and PUD Agreement.
6) That the Wildflower at Lake Elmo 3rd Addition Final Plat complies with all other applicable
zoning requirements, including the City’s landscaping, storm water, sediment and erosion control
and other ordinances, except as noted in this report or attachment thereof.
7) That the Wildflower at Lake Elmo 3rd Addition Final Plat complies with the City’s subdivision
ordinance.
8) That the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD Plan complies with the
City’s Planned Unit Development Ordinance.
9) That the Wildflower at Lake Elmo 3rd Addition Final Plat is consistent with the City’s
engineering standards with the exceptions noted by the City Engineer in his review comments to
the City dated March 1, 2018 and as otherwise identified in future reviews.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the Final Plat and Final Development
Plans for Wildflower at Lake Elmo 3rd Addition with the 8 conditions of approval as listed in the
Staff report.
Suggested motion:
“Move to adopt Resolution 2018-025 approving the final plat and PUD development plans for the
Wildflower at Lake Elmo 3rd Addition with 9 conditions based on the findings listed in the staff
report.”
ATTACHMENTS:
1. Application and narrative
2. City Engineer Review Comments – 3/1/2018
3. Final Plat
4. Final Landscape Plan
5. Resolution 2018-025
651-747-3900
3800 Laverne Avenue North
Lake Elmo, MN 55042
Date Received: ___________________
Received By: ____________________
Permit #: ________________________
LAND USE APPLICATION
□ Comprehensive Plan □ Zoning District Amend □ Zoning Text Amend □ Variance*(see below) □ Zoning Appeal
□ Conditional Use Permit (C.U.P.) □ Flood Plain C.U.P. □ Interim Use Permit (I.U.P.) □ Excavating/Grading
□ Lot Line Adjustment □ Minor Subdivision □ Residential Subdivision Sketch/Concept Plan
□ PUD Concept Plan □ PUD Preliminary Plan □ PUD Final Plan □ Wireless Communications
Applicant: _____________________________________________________________________________________________
Address: ______________________________________________________________________________________________
Phone # _______________________________________
Email Address:___________________________________
Fee Owner: ___________________________________________________________________________________________
Address: ______________________________________________________________________________________________
Phone # _______________________________________
Email Address:___________________________________
Property Location (Address): ______________________________________________________________________________
(Complete (long) Legal Description: ________________________________________________________________________
_____________________________________________________________________________________________________
PID#: ________________________________________________________________________________________________
Detailed Reason for Request: _____________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
*Variance Requests: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the applicant must demonstrate
practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows:
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning
ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application
procedures and hereby agree to pay all statements received from the City pertaining to additional application expense.
Signature of applicant:_______________________________________Date:_________________________________________
Signature of fee owner:______________________________________Date:_________________________________________
Wildflower at Lake Elmo 3rd Addition – Written Statements
2.a.) Owner: Robert Engstrom Companies
4801 West 81st Street, Suite 101
Minneapolis, MN 55437
Authorized Agents or Representatives:
Bob Engstrom
Paul Engstrom
Engineer & Surveyor:
John Molinaro & Peter Hawkinson
Pioneer Engineering, P.A.
2422 Enterprise Dr.
Mendota Heights, MN 55120
2.b.) Address: Unassigned: Intersection of Wildflower Dr. & Swallowtail Lane
Unassigned: End of Currently Constructed Prairieview Trail
Current Zoning: PUD
Parcel Size: 19.88 acres; 866,126 ft2
Property Identification #’s: 12.029.21.34.0078 & 12.029.21.32.0008
Current Legal Description: Outlot P of Wildflower at Lake Elmo 1st Addition
Outlot B of Wildflower at Lake Elmo 2nd Addition
2.c.)
i) Name of Final Plat: Wildflower at Lake Elmo 3rd Addition
ii) Table
Bl
o
c
k
#
Lo
t
#
Si
z
e
(a
c
)
Wi
d
t
h
at
Fr
o
n
t
Se
t
b
a
c
k
*
(s
f
)
Av
e
r
a
g
e
De
p
t
h
(s
f
)
1 1 0.4319 120 179
1 2 0.3403 104 185
1 3 0.3717 82 162
1 4 0.4229 80 151
1 5 0.5020 88 159
1 6 0.4851 77 156
1 7 0.4795 86 186
1 8 0.5449 90 215
1 9 0.5892 93 227
1 10 0.5954 129 237
2 1 0.6083 109 240
2 2 0.3923 86 199
2 3 0.2975 86 151
3 1 0.1653 60 120
3 2 0.1653 60 120
3 3 0.1515 55 120
3 4 0.1774 65 120
4 1 0.1654 62 120
4 2 0.1405 51 120
4 3 0.1405 51 120
4 4 0.1654 62 120
5 1 0.1653 60 120
5 2 0.1653 60 120
5 3 0.1515 55 120
5 4 0.1758 65 120
*Width is at the non‐garage side of courtyard lots
(Blocks 3, 4 and 5)
iii) Final Area Calculations:
Park: 0
Trails: 0
Other: 0
Estimated Value of Dedicated Area: 0
iv) Final Area of Wetlands & Buffers
Wetlands: 0
Buffers: 0
v) Final Proposed right‐of‐ways: 3.5237 acres; 153,492 ft2
vi) Proposed legal descriptions for items not on Plat: NONE
2.d.) Addressing Issues since Preliminary Plat:
All items that have arisen have been addressed in the Final Platting Process.
2.e.) Density:
3rd Addition Lot Area: 7.99 acres
3rd Addition Lot #: 25
Density: 3.13 lots/acre
2.f.) Proposed infrastructure improvements & phasing:
1 Phase Development
Continuation of installed Wildflower at Lake Elmo 1st & 2nd improvements.
2.g.) Neighboring Properties Issues Addressed:
Developer has personally addressed issues with neighbors.
2.h.) Nearby Land Issues/Disturbances to wetlands or Natural Areas:
The project developed a Stormwater Management Plan with the review of the City of Lake
Elmo & the Valley Branch Watershed District to address and improve the watershed drainage
issues.
2.i.) Justification: Development is in conformance with approved Preliminary Plat.
2.j.) Lakeshore Access: NONE
2.k.) Parks & Open Space: Park and Open space dedication was completed with 1st Addition of Project.
2.l.) Development Timeline:
Begin Utilities: April ‐2018
Complete Utility Construction: June – 2018
Complete Street Construction: July – 2018
Complete Small Utility Construction: August – 2018
Complete Landscaping Installation: September ‐ 2018
PAGE 1 of 2
MEMORANDUM
Date: March 1, 2018
To: Emily Becker, Planning Director Re: Wildflower at Lake Elmo 3rd Addition – Final Plat
Cc: Chad Isakson, P.E., Assistant City Engineer Engineering Review Comments
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for Wildflower at Lake Elmo 3rd Addition. Final Plat/Final Construction
Plans were received on February 14, 2018. The submittal consisted of the following documentation prepared by
Pioneer Engineering, or as noted:
Wildflower at Lake Elmo 3rd Addition Final Plat, printed February 9, 2018.
Wildflower at Lake Elmo 3rd Addition Construction Plans dated February 9, 2018.
Storm Sewer Design Calculations dated April 3, 2015.
STATUS/FINDINGS: Engineering review comments have been provided in two separate memos; one for Final Plat
approval, and one to assist with the completion of the final Construction Plans. Please see the following review
comments relating to the Final Plat application.
FINAL PLAT AND EASEMENTS: WILDFLOWER AT LAKE ELMO 3RD ADDITION
The Final Plat shall not be recorded until final construction plan approval is granted.
All easements as requested by the City Engineer and Public Works department shall be documented on the
Final Plat prior to the release of the Final Plat for recording.
Drainage and utility easements are required over each storm sewer outfall pipe, extending east from the
Wildflower 3rd Addition Plat, to the Outlot J storm water pond.
Small utility corridor easements, 10‐feet wide, should be provided along both sides of Prairieview Trail. Theses
easements are shown along all proposed lots but are also needed along all Outlots not owned by the City.
Wildflower at Lake Elmo 3rd Addition includes trunk watermain (12‐inch diameter) pipe oversizing along
Sunflower Lane, connecting to the existing 12‐inch watermain in the Village Preserve subdivision to the
existing watermain along CSAH 14. Payment for pipe oversizing from the City standard 8‐inch pipe should be
addressed in the development agreement.
SANITARY LIFT STATION OPTIONS
This addition to Wildflower at Lake Elmo proposes a sanitary lift station to be owned and operated by the City
to provide sanitary sewer service for 13 lots along Prairieview Trail. Per the conditions of Preliminary Plat
approval, the sanitary sewer lift station will be designed by the City’s engineering consultant, at the
developer’s costs, to ensure conformance with the City’s minimum design standards and consistency with
other lift station equipment in the City, including SCADA control systems.
As an alternative, City staff would consider allowing the construction of a low pressure sewer system using
individual grinder stations and a 2‐inch forcemain to service these lots, thereby removing the need for a larger
lift station to be owned and operated by the City. This consideration would be contingent upon the individual
grinder stations meeting City recommendations (similar to those specified by the City on recent projects) to
ensure longer lasting equipment is provided to each property owner.
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
PAGE 2 of 2
FINAL CONSTRUCTION PLANS & SPECIFICATIONS
Final Construction Plans and Specifications must be prepared in accordance with the City Engineering Design
Standards Manual dated March 2017, using City details, plan notes and specifications and meeting City
Engineering Design Guidelines.
Final Construction Plans and Specifications must be revised in accordance with the Construction Plan
engineering review memorandum dated March 1, 2018.
No construction for Wildflower at Lake Elmo 3rd Addition may begin until the applicant has received City
Engineer approval for the Final Construction Plans and Specifications; the applicant has obtained and
submitted to the City all applicable permits, easements and permissions needed for the project; and a
preconstruction meeting has been held by the City’s engineering department.
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
c
OFWILDFLOWER 3RD ADDITION
LAKE ELMO, MINNESOTA
ROBERT ENGSTROM COMPANIES
4801 WEST 81ST STREET, SUITE 101
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2015 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
MINNEAPOLIS, MINNESOTA 55437-1111
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Landscape Architect
under the laws of the State of Minnesota 44763
Jennifer L. Thompson
1. XX-XX-XXXX Revisions LANDSCAPE PLAN 3L12-9-2018
jlt
jlt/tml2-9-18
c
OFWILDFLOWER 3RD ADDITION
LAKE ELMO, MINNESOTA
ROBERT ENGSTROM COMPANIES
4801 WEST 81ST STREET, SUITE 101
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2015 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
MINNEAPOLIS, MINNESOTA 55437-1111
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Landscape Architect
under the laws of the State of Minnesota 44763
Jennifer L. Thompson
1. XX-XX-XXXX Revisions LANDSCAPE PLAN 3L22-9-2018
jlt
jlt/tml2-9-18
1
Resolution 2018-025
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-025
A RESOLUTION APPROVING A FINAL PLAT AND FINAL PLANNED UNIT DEVELOPMENT
(PUD) PLAN FOR THE WILDFLOWER AT LAKE ELMO 3RD ADDITION PLANNED
RESIDENTIAL DEVELOPMENT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Robert Engstrom Companies, 4801 West 81st Street, #101, Bloomington,
MN has submitted an application to the City of Lake Elmo (“City”) for a Final Plat and Final
PUD Plan for the Wildflower at Lake Elmo 3rd Addition planned residential development, a copy
of which is on file in the City of Lake Elmo Community Development Department; and
WHEREAS, the City approved the Wildflower at Lake Elmo General Concept Plan on
June 17, 2014; and
WHEREAS, the City approved the Wildflower at Lake Elmo Preliminary Plat and
Preliminary PUD Plan on April 7, 2015; and
WHEREAS, the proposed Wildflower at Lake Elmo 3rd Addition Final Plat and Final
PUD Plan includes 25 single family residential lots within a planned development on Outlot O,
Wildflower at Lake Elmo; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on March 12,
2018 to consider the Final Plat and Final PUD Plan request; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Final Plat and Final PUD Plan subject to 9 conditions of approval on March 12,
2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Final Plat and Final PUD Plan as part of a memorandum to the
City Council for the March 20, 2018 Council Meeting; and
WHEREAS, the City Council reviewed the Wildflower at Lake Elmo 3rd Addition Final
Plat and Final PUD Plan at its meeting held on March 20, 2018 and made the following findings
of fact:
1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final
Plat have been met by the Applicant, with the exceptions noted in the staff report.
2
Resolution 2018-025
2) That the proposed Wildflower at Lake Elmo 3rd Addition Final Plat consists of the
creation of 25 single-family detached residential structures.
3) That the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD Plan is
consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on
April 7, 2014.
4) That the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD Plan is
consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for
this area.
5) That the Wildflower at Lake Elmo 3rd Addition Final Plat generally complies with the
City’s Urban Medium Density Residential zoning district, with the exceptions as noted in
the approved Preliminary PUD Plans.
6) That the Wildflower at Lake Elmo 3rd Addition Final Plat complies with all other
applicable zoning requirements, including the City’s landscaping, storm water, sediment
and erosion control and other ordinances, except as noted in this report or attachment
thereof.
7) That the Wildflower at Lake Elmo 3rd Addition Final Plat complies with the City’s
subdivision ordinance.
8) That the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD Plan complies
with the City’s Planned Unit Development Ordinance.
9) That the Wildflower at Lake Elmo 3rd Addition Final Plat is consistent with the City’s
engineering standards with the exceptions noted by the City Engineer in his review
comments to the City dated March 1, 2018 and as otherwise identified in future reviews.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD Plan subject to the
following conditions:
1) The comments in the City Engineer’s review memorandum dated March 1, 2018 shall be
addressed prior to releasing the plat for recording. Final construction plans shall be reviewed and
approved by the City Engineer prior to the recording of the Final Plat. All changes and
modifications to the plans requested by the City Engineer in a memorandum dated March 1, 2018
and any future reviews shall be incorporated into these documents before they are approved.
2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City Council that
delineates who is responsible for the design, construction, and payment of the required
improvements for the Wildflower at Lake Elmo 3rd Addition Final Plat and Final PUD
Development Plans with financial guarantees therefore.
3
Resolution 2018-025
3) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the execution of the final plat by City Officials.
4) A Common Interest Agreement concerning management of the common areas of Wildflower at
Lake Elmo 3rd Addition and establishing a homeowner’s association shall be submitted in final
form to the Community Development Director before a building permit may be issued for any
structure within this subdivision.
5) The applicant shall also enter into a landscape license/public art agreement and maintenance
agreement with the City that clarifies the individuals or entities responsible for any landscaping
and public art installed in areas outside of land dedicated as public park and open space on the
final plat.
6) The landscape plan shall be reviewed and approved by the City prior to releasing the final plat for
recording.
7) Street signs and no parking signs shall be installed on City Streets within the development prior
to any building permits being issued.
8) Street names shall be given the suffix “N” prior to recording of final plat.
9) That the Developer adhere to the Alley Snow and Ice Removal Agreement regarding snow and ice
removal from the Courtyard Alleys.
Passed and duly adopted this 20th day of March, 2018 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: 3/20/2018
REGULAR
ITEM #: 18
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Hammes Estates 3rd Addition Developers Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
Kristina Handt, City Administrator
BACKGROUND:
On February 20, 2018, the City Council adopted Resolution 2018-016 approving the Final Plat for
Hammes Estates 3rd 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 2018-025 approving the developer agreement
for Hammes Estates 3rd Addition.
REVIEW/ANALYSIS:
A condition of approval of the Hammes Estates 3rd 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 $2,651,650 related to the cost
of the proposed improvements.
• That the developer provide a cash deposit of $466,757 for SAC and WAC charges,
engineering administration, one year of street light operating costs and other City fees.
• The City shall reimburse the Developer in the amount of $40,055 for oversizing costs
associated with the installation of 12 inch water main as identified in the plans, and
payment shall be made within 30 days of the City’s final acceptance of the improvements.
• Tree preservation costs are included in the cost of landscaping improvements, and wetland
mitigation and buffer costs are included in the cost of erosion and sedimentation control.
City Council – Staff Report Regular Item #__
Meeting date: 3/20/2018
Page 2
The construction plans for the project have not yet been approved, including the landscaping. 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:
The future financial impacts include maintenance of streets, trails, sanitary sewer mains,
watermains and other public infrastructure, maintenance of storm water ponding areas (after
warranty period), monthly lease payments for street lights, and other public financial
responsibilities typically associated with a new development. The City will collect building permit
fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 69
lot residential subdivision. Park land dedication was collected with the first phase of the
development.
OPTIONS:
The City Council is being asked to consider the approval of the developer’s agreement and has the
following options:
1) Adopt Resolution 2018-025 approving the developer agreement for Hammes Estates 3rd
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 2018-025 approving the developer’s
agreement for Hammes Estates 3rd Addition with the following motion:
“Move to adopt Resolution 2018-025 approving the developer’s agreement for Hammes
Estates 3rd Addition”
ATTACHMENTS:
• Resolution 2018-025
• Hammes Estates 3rd Addition Development Agreement
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(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water)
Hammes Estates 3rd Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2018, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and Rachel Development,
Inc., a Minnesota corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Hammes Estates 3rd 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 120 days after the City
Council approves the final plat.
3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the
Subdivision and the construction therein of certain public and private improvements. The
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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 prepared warranty deeds conveying fee title of Outlots A, B and D to
the City and provided the executed deeds to the City for recording with Washington
County;
B. the Developer has executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and Public Works
Director in the City’s standard form;
C. the Developer has executed and recorded with Washington County the storm water
maintenance and easement agreement in the City’s standard form;
D. this Agreement has been executed by the Developer and the City;
E. the required Security (as hereinafter defined) have been received by the City from or on
behalf of the Developer;
F. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
G. the Developer has paid the City for all legal, engineering and administrative expenses
incurred by the City regarding the City approvals and has given the City the additional
City Engineering Administration Escrow required by this Agreement;
H. the Developer has paid any outstanding assessments and taxes for the property or
property being deeded to the City;
I. the Developer has fulfilled any park dedication requirements as specified under this
Agreement;
J. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable
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watershed, Washington County, and any other agency having jurisdiction over the
Subdivision;
K. the Developer has provided the City with a certificate of insurance required by this
Agreement;
L. the Developer or the Developer’s engineer and the Developer’s contractor(s) have
initiated and attended a preconstruction meeting with the City Engineer and City staff;
M. the final plat has been recorded with Washington County;
N. all homeowners’ association declarations, covenants, and restrictions have been
submitted, reviewed, and approved by the City Attorney;
O. 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
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
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approval.
6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement,
no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the
use, development density, lot size, lot layout or dedications of the approved final plat unless
required by state or federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state
law, the City may require compliance with any changes to the City's Comprehensive Plan, official
controls, platting or dedication requirements enacted after the date of this Agreement.
7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in
accordance with the City approvals, including the terms and conditions of approval of the final plat
as detailed in City Council Resolution No. 2018-016, 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. Streets and sidewalks;
F. Trails;
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G. Underground private utilities;
H. Landscaping;
I. Street lighting and signage;
J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.);
K. Tree preservation and reforestation;
L. Wetland mitigation and buffers; and
M. Monuments required by Minnesota Statutes.
All improvements shall be installed in accordance with the approved Plans, the City
approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and
the City’s Landscape and Irrigation Standards. The Developer shall instruct its engineer to
provide adequate field inspection personnel to assure an acceptable level of quality control to the
extent that the Developer's engineer will be able to certify that the construction work meets the
approved Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition
of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors or a soil engineer inspect the Developer’s work on a
full or part-time basis. The Developer's engineer shall provide for on-site project management.
The Developer's engineer is responsible for design changes and contract administration between
the Developer and the Developer's contractor.
9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION.
At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit
to the City an amount to be escrowed by the City for City administration and construction
observation costs in an amount provided under paragraph 37 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,
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the City may draw upon the escrow and stop the work on site until the escrow has been
replenished in its full amount. City administration and oversight will include monitoring of
construction progress and construction observation, consultation with the Developer and the
Developer’s professionals on status or problems regarding the project, coordination for testing,
final inspection and acceptance, project monitoring during the warranty period, and processing of
requests for reduction in the Security. Construction observation shall include, at the discretion of
the City, part or full time inspection of proposed public utilities and street construction. Services
will be billed by the City on an hourly basis.
The direction and review provided by the City through the inspection of the Subdivision
Improvements should not be considered a substitute for the Developer-required management of
the construction of the Subdivision Improvements. The Developer must require the Developer’s
contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to
the commencement of construction of each type of Subdivision Improvement. The City shall
inspect all Developer-installed Subdivision Improvements during and after construction for
compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The
Developer will notify the City at such times during construction as the City requires for inspection
purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or
joint venture relationship between the City and the Developer is thereby created.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees,
and City Planning Commission members, and corporations, partnerships, and other entities in
which such individuals have greater than a 25 percent ownership interest or in which they are an
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
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Improvements by October 31, 2019, with the exception of the final wear course of asphalt on
streets. The Developer shall install the bituminous wearing course of streets after the first course
has weathered a winter season, consistent with warranty requirements, however, final acceptance
of the Subdivision Improvements by the City will not be granted until all work is completed,
including the final wear course. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the Security posted by
the Developer to reflect cost increases and amending this Agreement to reflect the extended
completion date. Final wear course placement outside of this time frame must have the written
approval of the City Engineer.
12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for
all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads
and alleys until the Subdivision Improvements are accepted by the City in writing. The Developer
is also responsible for locating all underground utilities until the Subdivision Improvements are
accepted by the City in writing. Warning signs shall be placed by the Developer when hazards
develop in streets to prevent the public from traveling on same and to direct attention to detours.
If and when streets become impassable, such streets shall be barricaded and closed by the
Developer. In the event residences are occupied prior to completing streets, the Developer shall
maintain a smooth surface and provide proper surface drainage to ensure that the streets are
passable for traffic and emergency vehicles. The Developer shall be responsible for keeping
streets within and without the Subdivision clean and clear of dirt and debris that may spill, track,
or wash onto the street from the Developer’s operations. The Developer shall contract for street
cleaning for streets within and immediately adjacent to the Subdivision. At a minimum, scraping
and sweeping shall take place on a weekly basis.
Prior to the City’s acceptance of the streets, the City may agree, at the City’s sole
discretion, to keep the streets open during winter months by plowing snow. The City will consider
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snow plowing streets on a case-by-case basis and under the following conditions: 1) the
Developer must request in writing the streets it is requesting to be plowed by the City, with such
request received by the City prior to October 1st of each winter season that plowing is requested;
2) there must be residences along the street; 3) for streets that do not have the bituminous wear
course placed, the Developer must install paved wedges along all curb lines and catch basins of
the street; 4) gate valves and manholes must be level with the pavement surface; 5) street curves,
center medians, and other protrusions in the right-of-ways must be delineated with “HI-VIS”
fiberglass stakes; 6) a site review must be scheduled by the Developer and conducted with the
City’s Public Works Department with the Developer in attendance to review the streets that are
being requested to be plowed prior to the commitment of plowing by the City; 7) the Developer
must agree to not hold the City responsible for any damage caused by snow plowing operations
to the streets, curb and gutter, manholes, catch basins, or other infrastructure; and 8) the
Developer shall enter into an agreement with the City for plowing of the streets.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property and this Agreement.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the Subdivision via 8th Street
North via Keats Avenue North. No construction traffic is permitted on other adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
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.
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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.
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
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City or City Engineer.
17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise
prepare the Property for development, it will be necessary for the Developer to grade the
Subdivision. All grading must be done in compliance with this Agreement and the approved
grading plans. Within 30 days after completion of the grading, the Developer shall provide the
City with an “as built” grading plan and a certification by a registered land surveyor or engineer
as required in the City’s Engineering Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
watermain, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City’s
Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the
bituminous streets, the installation of sidewalks, the grading of boulevards, the installation of
street signs, and all restoration work on the site shall be completed in accordance with the
approved Plans. Once the work is completed, the Developer or the Developer’s representative
shall submit a written request to the City asking for an inspection of the initial improvements. The
City will then schedule a walk-through to create a punch list of outstanding items to be completed.
Upon receipt of the written punch list provided by the City, the punch list items must be completed
by the Developer and the City 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.
19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
A. The Developer agrees to install landscaping in accordance with the approved Plans,
the City approvals, the City Code, the City’s Engineering Design and Construction
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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 lawns and yards disturbed during the construction of Subdivision
Improvements. For the purpose of this Agreement “substantial performance” shall
be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf
areas with an average blade height of three inches free of eroded, bare, or dead
spots and free from perennial weeds or unwanted grasses with no visible surface
soil.” For areas seeded with a native grass or flower mix “substantial performance”
shall be defined as “square foot native grass or flower areas with an average height
of eight inches free of eroded, bare, or dead spots and no visible surface soil.”
20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees to
install street signs, traffic and parking signs, and pavement markings within the Subdivision all in
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accordance with the approved Plans and the City Engineering Design Standards Manual. Street
and traffic sign details shall be submitted by the Developer to the City for approval prior to
installation. In addition, the Developer shall be responsible for the cost and all coordination work
to extend private utilities along with street lighting within the Subdivision all in accordance with
the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the Developer must furnish the City with a complete set of reproducible "record" plans and an
electronic file of the "record" plans in accordance with the City’s Engineering Design and
Construction Standards Manual together with the following affidavits:
- Developer/Developer Engineer’s Certificate
- Land Surveyor’s Certificate
certifying that all construction has been completed in accordance with the terms of this
Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and
affidavits, and upon review and verification by the City Engineer that the public Subdivision
Improvements have been completed in accordance with the terms of this Agreement, the City
Engineer will accept the completed public Subdivision Improvements.
22. PARK DEDICATION. The Developer has previously satisfied park dedication
requirements for all the areas to be platted within the Hammes Estates Preliminary Plat as part of
the Hammes Estates 1st Addition Development Agreement. Therefore, no fees in lieu of land
dedication are required for this Subdivision.
23. 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 paid by
the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is: $207,000.00.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by
the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is: $207,000.00.
In addition, a sewer connection charge in the amount of $1,000.00 per REC, a
Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water
connection charge in the amount of $1,000.00 per REC is payable by the Developer and will be
collected by the City at the time the building permit is issued for each lot.
24. STREET LIGHTS. The Developer is responsible for the cost of street light installation
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developer shall post a Security for street light installation consistent with the approved plan. The
required Security is $48,000 and consists of eight decorative lights at $6000 each, The Developer
shall also pay the City $129/light ($1032.00) to reimburse the City for the first year operating costs
for the street lights.
25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration
in accordance with the approved Plans and in accordance with any applicable Watershed or
agency permits. If the mitigation work is found to be incomplete or restoration is unsuccessful,
the City may draw down the Security at any time during the warranty period to perform the work
if the Developer fails to take corrective measures after being provided reasonable notice by the
City.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permit shall be issued for any lot within a phase of the Subdivision,
identified in a City Preapproved Phasing Plan, until such time that: sanitary sewer
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and water mains have been tested and approved by the City in such phase; storm
sewer inverts have been verified by the City in such phase; curb and gutter and one
lift of asphalt have been installed and tested for all public streets in such phase;
property monuments have been installed in such phase; lot grading and lot drainage
has been verified and approved by the City in such phase through as-built lot corner
elevations and as-built elevations for all emergency overflow elevations and
downstream drainage systems; boulevard grading has been completed within the
entire right-of-way (without hold down grading for the future sidewalk or any other
improvements); and street and traffic control signs are installed. A “Preapproved
Phasing Plan” is defined to be the “________________” dated ____________,
prepared by Westwood Professional Services, or other phased construction plan
that has been submitted by the Developer and approved by the City in advance of
the preconstruction meeting for the Subdivision. Once the construction has started,
the City will not consider revisions to the Preapproved Phasing Plan for the purpose
of issuing building permits.
B. Issuance of a single building permit for a “model home” may be authorized by the
City Planning Director prior to the completion of the Subdivision Improvements
described in paragraph 27 (A) above, if there is safe public access to the lot that is
sufficient to allow construction to proceed and there is a grading as-built plan
approved by the City for the lot and all downstream storm water drainage facilities.
However, the City will not issue a certificate of occupancy for any “model home” until
all conditions identified in paragraph 27 (A) above have been completed. The
Developer shall use the model home only for real estate sales purposes and no other
purposes.
C. Prior to issuance of building permits, wetland buffer monuments shall be placed in
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accordance with the City’s zoning ordinance. The monument design shall be
approved by the Planning Department.
D. Breach of the terms of this Agreement by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
occupancy, and withholding of other permits, inspection or actions and the halting of
all work in the Subdivision.
E. If building permits are issued prior to the acceptance of the public Subdivision
Improvements by the City, the Developer assumes all liability and costs resulting in
delays in completion of public Subdivision Improvements and damage to public
Subdivision Improvements caused by the City, Developer, the Developer’s
contractors, subcontractors, materialmen, employees, agents, or any third parties.
F. If building permits are issued prior to the construction of front yard sidewalks or trails,
the Developer assumes all responsibility for the coordination, liability and costs to:
1) ensure that the sidewalks and trails are constructed prior to any driveways for any
lots with sidewalks or trails; 2) that the sidewalks and trails are constructed
continuously from end of street to end of street without exceptions or gaps in the
sidewalk or trail; 3) that there is a stop work order on all building construction for
impacted lots during the sidewalk and trail construction and curing periods to prohibit
traffic prior to City approval; and, 4) that all boulevard grading and restoration re-
work is completed immediately following the sidewalk or trail construction.
G. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and
approved by the City Engineer.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that work
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required by this Agreement has been performed and the amounts due to them have
not been paid, and the laborers, materialmen, or others are seeking payment from
the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and
deposit the funds in compliance with the Rule, and upon such deposit, the Developer
shall release, discharge, and dismiss the City from any further proceedings as it
pertains to the funds deposited with the District Court, except that the Court shall
retain jurisdiction to determine attorneys' fees pursuant to this Agreement.
B. Except as otherwise specified herein, the Developer shall pay all costs incurred by
it or the City in conjunction with the development of the Subdivision, including but
not limited to legal, planning, engineering, and inspection expenses incurred in
connection with the City’s approval and acceptance of the plat and the Subdivision,
the preparation of this Agreement, the City’s review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting 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.
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517497v2 SJS LA515-42
E. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Agreement. This is a
personal obligation of the Developer and shall continue in full force and effect even
if the Developer sells one or more lots, the entire Property, or any portion of it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within 30 days after receipt. Bills not paid within 30
days shall be assessed a late fee per the City adopted fee schedule. Upon request,
the City will provide copies of detailed invoices of the work performed by the City
and its consultants.
28. CITY PAYMENTS. The City shall reimburse the Developer in the amount of $40,055
for oversizing costs associated with the installation of 12 inch water main as identified on 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.
29. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the recommendations listed in the February 5, 2018, Engineering
memorandum.
B. Upon the recording of the final plat, the Developer shall convey Outlots A, B, and D
to the City by warranty deed, free and clear of any and all encumbrances, unless
otherwise agreed to by the City.
C. The Developer must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
18
517497v2 SJS LA515-42
D. All public trails shall be located within outlots, be at least 30’ in width, and either
dedicated to the City in the plat or an easement in a form acceptable to the City be
provided. The title policy to be provided to the City shall insure the City’s interests
in this property.
E. 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.
F. The Developer shall abide by all conditions of the Minnesota Department of Natural
Resources Public Waters Work Permit #2015-0193.
30. MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council. The Developer's obligations hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire Property, or any portion
of it.
B. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a professional engineer licensed by the State
of Minnesota. Following construction, a certification signed by the design engineer
shall be filed with the City Engineer evidencing that the retaining wall was
constructed in accordance with the approved Plans. All retaining walls identified on
the Plans or by special conditions referred to in this Agreement shall be constructed
before any other building permit is issued for a lot on which a retaining wall is
required to be built.
C. Legal documents regarding homeowner association declarations, covenants, and
restrictions shall be submitted to the City prior to recording of the final plat for review
19
517497v2 SJS LA515-42
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
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
20
517497v2 SJS LA515-42
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.
31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this
Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement,
any one or more of the following events:
A. Subject to unavoidable delays, failure by the Developer to commence and complete
construction of the public Subdivision Improvements pursuant to the terms,
21
517497v2 SJS LA515-42
conditions and limitations of this Agreement.
B. Failure by the Developer to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement.
32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject
to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by
written, executed instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from the Developer, deemed adequate by the City, that Developer will
cure its default and continue its performance under the Agreement. Suspension of
performance includes the right of the City to withhold permits including, but not
limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this Agreement or
recover any amounts due under this Agreement from the Developer, or immediately
draw on the Security, as set forth in this Agreement.
33. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
default by the Developer as to construction or repair of any of the Subdivision Improvements or
any other work or undertaking required by this Agreement, the City may, at its option, perform the
work and the Developer shall promptly reimburse the City for any expense incurred by the City.
This Agreement is a license for the City to act, and it shall not be necessary for the City to seek
an order from any court for permission to enter the Subdivision for such purposes. If the City
does such work, the City may, in addition to its other remedies, levy special assessments against
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517497v2 SJS LA515-42
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.
34. WARRANTY. During the warranty period, the Developer warrants that all Subdivision
Improvements will be free from defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the Developer agrees to repair or
replace any Subdivision Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective
Subdivision Improvement during the warranty period, the City may repair or replace the defective
portion and may use the Security to reimburse itself for such costs. The Developer agrees to
reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the
cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made
within 45 days of the date upon which the City notifies the Developer of the cost due under this
paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed
costs against any lots in the Subdivision which have not been sold to home buyers if the Developer
fails to make required payments to the City. The Developer, on behalf of itself and its successors
and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or
23
517497v2 SJS LA515-42
replacement of the Subdivision Improvements and hereby consents to such assessment and
waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes,
Chapter 429.
A. The required warranty period for all work relating to the public sewer and water shall
be two years from the date of final written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be
subject to one year from the date of final written acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is two years from the
date of final written City acceptance of the installation.
35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement, payment of special assessments, payment of the costs of all public
Subdivision Improvements, and construction of all public Subdivision Improvements, the
Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a
combination of a cash escrow and letter of credit (the “Security") in the amount of $2,651,650.
The bank originating the letter of credit shall be determined by the City to be solvent and
creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and
must be approved by the City. The amount of the Security was calculated as itemized on Exhibit
C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer
satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the
Developer and the Developer shall provide to the City within 45 days a substitute for the letter of
credit from another bank meeting the City’s requirements. If the Developer fails to provide the
City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City,
the City may draw under the existing letter of credit.
This breakdown is for historical reference; it is not a restriction on the use of the Security.
24
517497v2 SJS LA515-42
The City may draw down the Security, without notice, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required
public Subdivision Improvements are not completed at least 30 days prior to the expiration of the
Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be
used by the City to cure the default.
36. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
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 $832,630 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 $807,950 may be released
when all streets, sidewalks, and storm sewer have been installed and tested,
and have been found to be complete to the satisfaction of the City Engineer
including all corrective work for any identified punch list items and including
verification of storm sewer as-built inverts, but not including the final wear
course.
3. Construction Categories 6-10 and 14-17: The amount of $146,801 may be
released when all remaining Developer’s obligations under this Agreement
25
517497v2 SJS LA515-42
have been completed including: (1) bituminous wear course; (2) street lighting
and private utilities; (3) trails; (4) bio retention facilities; (5) iron monuments for
lot corners have been installed; (3) all financial obligations to the City satisfied;
(4) the required "record" plans in the form of the City standards have been
received and approved by the City; and (5) the public Subdivision
Improvements are accepted by the City Engineer and the City Council.
4. Construction Categories 11, 12 and 13: The amount of $201,356 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. In addition to the above project milestone based Security reductions, the
Developer may submit a written request and upon receipt of proof satisfactory to
the City Engineer that work is progressing in accordance with the approved Plans
and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve a one-time reduction in the Security
for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial
26
517497v2 SJS LA515-42
Security amount. This one-time Security reduction does not apply to Categories 4-
5 if boulevard sidewalks or trails have not been installed.
E. It is the intent of the parties that the City at all times have available to it Security in
an amount adequate to ensure completion of all elements of the Subdivision
Improvements and other obligations of the Developer under this Agreement,
including fees or costs due to the City by the Developer. To that end and
notwithstanding anything herein to the contrary, all requests by the Developer for
a reduction or release of the Security shall be evaluated by the City in light of that
principle.
37. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Agreement which must be paid to the City prior to recording the final plat:
Sewer Availability Charge (SAC): $207,000
Water Availability Charge (WAC): $207,000
Park Dedication: $0
Special Assessments Due: $0
Street Light Operating Fee: $1032
City Base Map Upgrading ($25.00 per REU): $1725
City Engineering Administration Escrow: $50,000
TOTAL CASH REQUIREMENTS: $466,757
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail
at the following address: 4125 Napier Ct NE, St. Michael, Minnesota 55376; Attn: David
Stradtman. 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. Lake Elmo, Minnesota 55042.
39. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership
of the property being platted by way of a title insurance policy dated not earlier than January 17,
2018.
27
517497v2 SJS LA515-42
40. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws,
ordinances, regulations, and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of the Minnesota.
41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement
is cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, or available to the City at law or in equity, or under any other agreement. Each
and every right, power, and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy.
If either party waives in writing any default or nonperformance by the other party, such waiver
shall be deemed to apply only to such event and shall not waive any other prior or subsequent
default.
43. COUNTERPARTS. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
28
517497v2 SJS LA515-42
CITY OF LAKE ELMO
By: ____________ __________________ Its: Mayor By: __________________ _____________ Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ___ day of ________________,
20___, by ______________________ and ____________________, the Mayor and City Clerk,
respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
29
517497v2 SJS LA515-42
DEVELOPER
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________,
20___, by _______________________, the _______________________of Rachel
Development, Inc., a Minnesota corporation.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
30
517497v2 SJS LA515-42
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
31
517497v2 SJS LA515-42
MORTGAGE CONSENT TO
DEVELOPMENT AGREEMENT
, which holds a
mortgage on the Property, the development of which is governed by the foregoing Development
Agreement, agrees that the Development Agreement shall remain in full force and effect even if
it forecloses on its mortgage.
Dated this day of , 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
32
517497v2 SJS LA515-42
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
517497v2 SJS LA515-42
EXHIBIT A TO
DEVELOPMENT AGREEMENT
Legal Description of Property Being Platted
Outlot B, Hammes Estates 1st Addition according to the recorded plat thereof, Washington
County, Minnesota.
B-1
517497v2 SJS LA515-42
EXHIBIT B TO
DEVELOPMENT AGREEMENT
List of Plan Documents
The following documents prepared by Westwood Professional Services, constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS:
SHEET TITLE REVISION
DATE
1 of 17 of Construction Plans
for Sanitary Sewer, Water
Main, Storm Sewer and
Streets
Cover
2 of 17 of Construction Plans
for Sanitary Sewer, Water
Main, Storm Sewer and
Streets
Overall
3-7 of 17 of Construction
Plans for Sanitary Sewer,
Water Main, Storm Sewer and
Streets
Sanitary Sewer and Water
Main Construction Plans
8 of 17 of Construction Plans
for Sanitary Sewer, Water
Main, Storm Sewer and
Streets
Water Main Construction
Plans
9-13 of 17 of Construction
Plans for Sanitary Sewer,
Water Main, Storm Sewer and
Streets
Storm Sewer and Street
Construction Plans
14 of 17 of Construction Plans
for Sanitary Sewer, Water
Main, Storm Sewer and
Streets
Intersection Construction
Plan
15-17 of 17 of Construction
Plans for Sanitary Sewer,
Water Main, Storm Sewer and
Streets
Details
1 of 15 of Construction Plans
for Grading, Drainage &
Erosion Control Plans
Cover
2 of 15 of Construction Plans
for Grading, Drainage &
Erosion Control Plans
Overall Grading Plan
B-2
517497v2 SJS LA515-42
3-6 of 15 of Construction
Plans for Grading, Drainage &
Erosion Control Plans
Grading, Drainage & Erosion
Control Plan
7-8 of 15 of Construction
Plans for Grading, Drainage &
Erosion Control Plans
Wetland Buffer Plan
9-10 of 15 of Construction
Plans for Grading, Drainage &
Erosion Control Plans
Details
11 of 15 of Construction Plans
for Grading, Drainage &
Erosion Control Plans
Existing Sanitary Sewer
Profile
12-13 of 15 of Construction
Plans for Grading, Drainage &
Erosion Control Plans
Street Profiles
14 of 15 of Construction Plans
for Grading, Drainage &
Erosion Control Plans
Pre-Development Drainage
Area Plan
15 of 15 of Construction Plans
for Grading, Drainage &
Erosion Control Plans
Post-Development Drainage
Area Plan
1-2 of 3 Final Landscape Plan
3 of 3 Final Landscape Notes
C-1
517497v2 SJS LA515-42
EXHIBIT C TO
DEVELOPMENT AGREEMENT
Subdivision Improvements Cost/Security Amount Estimate
CONSTRUCTION CATEGORY COST 125 percent
1 Grading
$0 $0
2 Sanitary Sewer
$384,246 $480,307
3 Watermain
$503,893 $629,866
4 Storm Sewer (includes pond structures
and outfall pipes)
$360,855 $451,068
5 Streets and Sidewalks
$500,959 $626,199
6 Trails
$48,972 $61,215
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
$0 $0
8 Street Lighting
$48,000.00 $60,000.00
9 Street and Traffic Signs
$3,100 $3,875
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$0 $0
11 Landscaping Improvements
$212,300 $265,375
12 Tree Preservation and Restoration
$0 $0
13 Wetland Mitigation and Buffers
$0 $0
14 Monuments
$6,900 $8,625
15 Erosion and Sedimentation Control
$44,616 $55,770
16 Miscellaneous Facilities
$0 $0
17 Developer’s Record Drawings
$5,000 $6,250
TOTALS
$2,121,320
$2,651,650
517497v2 SJS LA515-42
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
_________, 20___.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least 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
45 days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3880
Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least 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
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-026
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR HAMMES ESTATES 3RD
ADDITION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the
laws of the State of Minnesota; and
WHEREAS, Rachel Development, Inc., 4125 Napier Ct NE, St. Michael, Minnesota 55376
(“Developer”) has previously submitted an application to the City of Lake Elmo (“City”) for Final Plat to
be called Hammes Estates 3rd Addition, a copy of which is on file in the City Planning Department; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2018-016 approving the Hammes
Estates 3rd Addition Final Plat on February 20, 2018; and
WHEREAS, a condition of approval of said Resolution 2018-016 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 March 20, 2018
meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the
Development Agreement for The Hammes Estates 3rd Addition and authorizes the mayor and city Clerk
to execute the document.
Passed and duly adopted this 20th day of March, 2018 by the City Council of the City of Lake Elmo,
Minnesota.
________________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
PUBLIC HEARING ITEM __ – PUBLIC HEARING
CITY COUNCIL
DATE: 3/20/18
AGENDA ITEM: 17
ITEM: Sign Variance – 8980 Hudson Boulevard N.; Park Dental
SUBMITTED BY: Ben Prchal, City Planner
REVIEWED BY: Emily Becker, Planning Director
SUMMARY AND ACTION REQUESTED:
The City has received a request from PDG, PA – Jan Tiffany, on behalf of Park Dental High Pointe,
for a variance to allow their business to install a second wall sign making it the third wall sign on the
building, 43.7 sq. ft. in size, to be located on the south building façade to match the Park Dental sign
on the west facade.
GENERAL INFORMATION
Applicant: PA – Jan Tiffany, on behalf of Park Dental High Pointe, 2200 County Road C-
West, Roseville, MN 55113.
Property Owners: Bri-Mar Company Inc.; Geneva Exchange Fund XII, LLC; James V. Maciej,
7575 Golden Valley Road, Suite 305, Golden Valley, MN 55427
Location: 8980 Hudson Boulevard N, Lake Elmo, MN; PID No. 33.029.21.44.0005
Request: Variance – for a second 43.7 sq. ft. wall sign.
Existing Land Use: Medical Facilities
Existing Zoning: BP – Business Park
Surrounding Land Use: Offices, Medical Facilities, Vacant Commercial/PUD Outlots
Surrounding Zoning: BP – Business Park to the west and north, Vacant Commercial/PUD
Outlots to the east
Comprehensive Plan: Business Park
Proposed Zoning: No Change
History: The subject property is part of the Eagle Point Business Park and the building
was constructed in 2001. The building is shared (multi-tenant) with
Orthodontic Care Specialists, LTD. In December 2015, Park Dental received
a sign permit to update its wall sign on the west side of the building. Property
records indicate a similar sign was permitted in 2007. The other tenant,
Orthodontic Care Specialists, LTD also has a wall sign that is 44 sq. ft. in
size.
Deadline for Action: Application Complete – 2/23/2018
2
60 Day Deadline – 4/24/2018
Extension Letter Mailed – No
120 Day Deadline – 6/23/2018
Applicable Regulations: 154.212 – Sign Regulations
154.109 – Variances (Administration and Enforcement)
REQUEST DETAILS
The City of Lake Elmo has received a request from PA – Jan Tiffany, on behalf of Park Dental High
Pointe, for a variance to allow a third sign, 43.7 sq. ft. in size, to be located on the south façade of
the building. The building is a multi-tenant building shared by Park Dental and Orthodontic Care
Specialists, LTD. Both businesses have signs on the west façade of the building near their building
entrances and parking area. The signs for Park Dental and Orthodontic Care Specialists, LTD are
43.7 sq. ft. and 44 sq. ft. in size, respectively. The requested third sign would be 43.7 sq. ft. in size
and designed to match the existing Park Dental wall sign. If the variance were granted, the combined
sign area would be 131.4 sq. ft.
The applicant has provided a written statement to the City indicating the reason for the variance
request. The written statement includes a narrative intended to address how the proposed variance
meets the 4 required findings to grant a variance under the City’s Zoning Code and State Statute.
BACKGROUND
The building in which Park Dental is located was constructed in 2001 on a 1.77 acres in size in the
south east corner of the City’s Business Park near Hudson Boulevard and Jade Trail N; part of the
High Pointe Health Campus. The building is a multi-tenant building shared with Orthodontic Care
Specialists, LTD. The subject property and surrounding properties to the north, east, and west are
zoned BP – Business Park or Commercial PUD (east). The property to the east is zoned
Commercial/PUD, but is presently a vacant outlot.
In terms of the physical characteristics of the property, the building is setback off of Hudson
Boulevard roughly 75’ from Hudson Boulevard and roughly 25’ from the east property line. The
main entrances and parking lot are located on the west side of the building. The existing wall signs
are on the west façade and a ground sign is located near the entrance to the parking lot which is
shared by both tenants. A stormwater infiltration areas is located in the front setback between the
building and Hudson Boulevard.
REVIEW AND ANALYSIS
Reason for Request. The Sign Code only allows one wall sign and one ground sign per street
frontage (one wall sign per occupant may be allowed with a Comprehensive Sign Plan if the total
square footage of the signs is equal to the lineal measurement of the building), with a maximum of
two wall signs and two ground signs per lot. Because the applicant is requesting an additional wall
sign for the building, exceeding the number of occupants of the building, and because the building
does not have multiple street frontages, a variance is required.
3
The City’s sign code determines allowed sign area based on the buildings lineal frontage. (1 sq. ft. of
sign area per lineal feet of building frontage that is coterminous with the occupancy to which the sign
refers unless a comprehensive sign plan allocates that sign area differently). This is a multi-tenant
building, and therefore a comprehensive sign plan is required. Zoning code requires that the square
footage of signage not exceed the length of the buildings frontage in feet. By this standard, the
combined existing signs and the additional proposed sign would comply with the allowed sign area,
as the current building length is 135 feet, and the combined total of all three would be 131.4 square
feet.
A comprehensive sign plan will need to be created for the building. A concern that staff has is the
potential request for another sign from the other tenant. Since sign size is determined by lineal
footage, the other tenant is at a disadvantage as Park Dental almost has twice as much space as the
other occupant. If the other tenant would like to install another sign on the south façade, another
variance would need to be requested.
Initially the applicant had requested the sign to be on the east facing façade. Staff had encouraged
them to consider the possibility of relocating it to the south wall due to the possibility of development
to the east. When the Boulder Ponds commercial parcel develops, the future building may
potentially impair visibility to the east of Park Dental and the newly approved sign. The applicant
heeded the advice of Staff and moved the proposed location to the south side of the building.
In order to request a variance, an applicant must establish and demonstrate compliance with the
variance criteria set forth in Lake Elmo City Code Section 154.109 before an exception or
modification to city code requirements can be granted. The criteria is listed below, along with
comments from Staff regarding applicability of these criteria to the applicant’s request.
1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board
of Adjustment upon the application by the owner of the affected property where the strict
enforcement of this chapter would cause practical difficulties because of circumstances unique to
the individual property under consideration and then only when it is demonstrated that such
actions will be in keeping with the spirit and intent of this chapter. Definition of practical
difficulties - “Practical difficulties” as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not permitted by an
official control.
Under this standard, the City would need to find that the placement of the proposed sign in the
proposed location is a reasonable use of the property.
FINDINGS: The applicant does not propose to use the property in an unreasonable manner by
requesting an additional sign, as the tenants are hindered by the configuration of the building. The
building was built in 2001, prior to the current sign code. It can be argued that if the tenants would
have known that signage is limited by frontage it would have been reconfigured so that visibility of
the building would not hinder the occupants by limiting the allowed signage area to only the west
(entrance) or south (street frontage) side of the building. Staff believes this criteria is met.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the
property not created by the landowner.
In order to demonstrate compliance with this standard, the City would need to identify those aspects
of the applicant’s property that would not pertain to other properties within the same zoning
classification.
4
FINDINGS: Staff finds aspects of the applicant’s property to be different than other properties
within the same zoning classification as it is long and narrow, thus providing limited surface area for
appropriate signage. The business park properties have a variety of conforming and nonconforming
signs and variable visibility from streets. With a tree line from the west and possible future
development from the east, it would be reasonable to assume visibility will become even more limited
for their location. Noting the side entrance staff continues to believe the building was not designed
with today’s standards in mind which continues to hinder the occupants relating to signage. Staff
believes this criterion is met.
3) Character of locality. The proposed variance will not alter the essential character of the locality
in which the property in question is located.
Propose findings for this criterion are as follows:
FINDINGS. Park Dental is in the Business Park and in an area that is predominantly comprised of
commercial uses. Wall signs and other types of signage are common along Hudson Boulevard near
the subject property. The additional sign will not alter the essential character of the locality. Staff
determines that this criterion is met.
4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of
light and air to property adjacent to the property in question or substantially increase the
congestion of the public streets or substantially diminish or impair property values within the
neighborhood.
Propose findings for this criterion are as follows:
FINDINGS. The proposed sign will not impair an adequate supply of light and air to any properties
adjacent to the Park Dental site. The proposed wall sign will not present additional congestion on
public streets, or substantially diminish or impair property values within the neighborhood.
Arguably, additional signage could assist drivers to more quickly locate the building. Also the
lighting of the additional sign will not incur or impact light pollution in that location. Staff
determines that this criterion is met.
Results of Planning Commission and Public Hearing
The Planning Commission held a public hearing on the night of March 12th, 2018. There were no
comments submitted to staff nor did anyone present themselves to speak during the public hearing,
besides those affiliated with the application. The planning commission approved the variance 6-0
with one amendment to the findings, the amendment was also approved 6-0. Blow states the
recommended conditions and findings of fact for approval. The amendment is stated below in red.
Considering the findings of fact as suggested in the preceding section, the Planning Commission as
well as Staff is recommending that the City Council approve the variance request based on the
findings noted in 1, 2, 3, and 4 with the following conditions:
1. A comprehensive sign plan be submitted and approved for the building
2. A sign permit application be submitted, approved and issued prior to installation.
Finding 4 amended to add the following language: Move to add finding regarding locality - that
the lighting of the additional sign will not incur or impact light pollution in that location.
RECOMMENDATION:
The Planning Commission and Staff recommend approval of the variance request submitted by PA –
Jan Tiffany, on behalf of Park Dental High Pointe given that the request meets all four criteria for a
variance.
5
The suggestion motion for taking action on the Staff recommendation is as follows:
“Move to adopt Resolution 2018-027 approving the variance request at 8980 Hudson Boulevard N.
to allow a third wall sign based on the findings and conditions identified in the Staff Report.”
ATTACHMENTS:
1. Resolution 2018-027
2. Location Map
3. Application Forms and Project Narrative
4. Proposed Sign and Site Plans
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO 2018-027
A RESOLUTION APPROVING A VARIANCE TO ALLOW A THRID WALL SIGN AT THE
PROPERTY LOCATED AT
8980 HUDSON BLVD.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, PDG, PA Jan Tiffany, 2200 County Road C-West, Roseville MN 55113
(Applicant), has submitted an application to the City of Lake Elmo (the "City") for variance to
allow the addition of a third wall sign for a multitenant building, which would exceed the number of allowed
signs for the building.
WHEREAS, notice has been published , mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on March 12, 2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated March 12, 2018; and
WHEREAS, the City Council considered said matter at its March 12, 2018 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1) That the procedures for obtaining said Variance are found in the Lake Elmo
Zoning Ordinance, Section 154.109.
2) That all the submission requirement s of said Section 154.109 have been met by
the Applicant.
3) That the proposed variance includes the following components:
a) A variance to allow for the addition of a third wall sign to be installed at 8980
Hudson Blvd, exceeding the number of allowed signs per building based on City
code requirements.
4) That the Variance will be located on property legally described as follows: E 200FT OF S 435.6FT E1/2- SE1/4 EXC PARCL 29K MNDOT R/W PLT 82-31 SUBJ TO EASE SECTION 33 TOWNSHIP 029 RANGE 021, Washington County, Minnesota with the following PID: 33.029.21.44.0005.
5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that
the property owner proposes to use the property in a reasonable manner not permitted by an
official control. Specific Finding: The applicant does not propose to use the property in
an unreasonable manner by requesting an additional sign, as the tenants are hindered by
the configuration of the building. The building was built in 2001, prior to the current
sign code. It can be argued that if the tenants would have known that signage is limited
by frontage it would have been reconfigured so that visibility of the building would not
hinder the occupants by limiting the allowed signage area to only the west (entrance) or
south (street frontage) side of the building.
6) The plight of the landowner is due to circumstances unique to the property not created by the
landowner. Specific Findings: Staff finds aspects of the applicant’s property to be different
than other properties within the same zoning classification as it is long and narrow, thus
providing limited surface area for appropriate signage. The business park properties have
a variety of conforming and nonconforming signs and variable visibility from streets. With
a tree line from the west and possible future development from the east, it would be
reasonable to assume visibility will become even more limited for their location. Noting
the side entrance staff continues to believe the building was not designed with today’s
standards in mind which continues to hinder the occupants relating to signage.
7) The proposed variance will not alter the essential character of the locality in which the
property in question is located. Specific Findings: Park Dental is in the Business Park and
in an area that is predominantly comprised of commercial uses. Wall signs and other types
of signage are common along Hudson Boulevard near the subject property. The additional
sign will not alter the essential character of the locality.
8) The proposed variance will not impair an adequate supply of light and air to property
adjacent to the property in question or substantially increase the congestion of the public
streets or substantially diminish or impair property values within the neighborhood. Specific
Findings: The proposed sign will not impair an adequate supply of light and air to any
properties adjacent to the Park Dental site. The proposed wall sign will not present
additional congestion on public streets, or substantially diminish or impair property values
within the neighborhood. Arguably, additional signage could assist drivers to more quickly
locate the building. Also the lighting of the additional sign will not incur or impact light
pollution in that location.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the
following conditions.
1. A comprehensive sign plan be submitted and approved for the building
2. A sign permit application be submitted, approved and issued prior to installation.
Passed and duly adopted this 20th day of March, 2018 by the City Council of the City of Lake
Elmo, Minnesota.
________________________________
Mayor Mike Pearson
ATTEST:
________________________________
Julie Johnson, City Clerk
Location for Proposed New
Existing OCS
Existing Park Dental
Existing Ground Sign
City of Lake Elmo
Planning Director
Planning Department
3800 Laverne Avenue North
Lake Elmo, Mn. 55042
We are Park Dental High Pointe located at 8980 Hudson Blvd North, Lake Elmo, Mn. Following are the
written statements providing infor mation regarding our proposal for a variance to the City Code Title 15,
chapter 151-151.115.
Item:
1. LAND USE APPLICATION (Attached)
2. WRITTEN STATEMENTS
A. PROPERTY OWNERS:
Bri-Mar Company, Inc., a Minnesota Corporation ; Geneva Exchange Fund XII, LLC, a Minnesota
Limited Liability Company; James V. Maciej, an Individual all at Bri-Mar Company, Inc. 7575
Golden Valley Road , Suite 135, Golden Valley MN 55427.
APPLICANT :
PDG , PA at 2200 County Rd C-West, Suite 2210, Roseville MN 53113.
B. Legal Description: The East 200.0 feet of the South 435.6 feet of the East One-half of the
Southeast Quarter (E ½ or SE ¼) of Section 33, Township 29 North, Range 21 West, Washington
County, MN-
Parcel Identification Number: 33.029.21.44.0005
Property Use : Commercial
Zoning Class: PUD
C. Zoning Section 154.212 Sign Regulations, Subd (Hla)
D. Park Dental High Pointe proposes one additional building sign sized at 43 .7 sq ft on the South
elevation of their building. The sign proposed will be individual, illuminated channel letters
mounted to a raceway with the Park Dental logo and Park Dental High Pointe copy. Placement is
coterminous with the tenant's occupied area within the building as they occupy the entire South
side of the building and the proposed placement is the East co rner of the South elevation.
E. Discussion was started regarding the signage with Nick Johnson on 02 /12/2015. He indicated
the code allowed for 1 sign per frontage, per tenant, and that Hudson Blvd was going cons idered
the frontage. It was asked of Nick how Park Dental could get another sign, he had responded that
their parking lot access to the Health Campus could be considered another frontage and that if
we applied for the permits as such he would approve them. He indicated he would need
information from both Park Dental as well as future intention from the other tenants in the
building as to how they would split the additional frontage . It was determined they would eac h
be allowed an equal share in the additional square footage. When the designs were finalized,
Archetype submitted the sign permits in September of 2015 for 2 building signs, it was
discovered that Nick was no longer employed with the city of Lake Elmo and Stephen Wensman
let us know they would not allow 2 signs, only one with Hudson Blvd as the only frontage. We
recapped the conversation with Stephen and he let us know during a meeting at City Hall on
March 02, 2016, that it was not within Nick's power to agree to approve an additional sign and
that Park Dental would need to apply for a variance. Emily Becker was also present during the
meeting at City Hall. It was discussed that the High Pointe Health Campus was recently granted a
variance to have a large pylon sign and Park Dental High Pointe has a need to be as easily
identified separately from that campus to avoid confusion to patients, especially during
emergencies.
F. Due to the practice's main entry facing the parking lot, which is perpendicular to the frontage
road and is set back a distance from the road, it is necessary to highlight that Park Dental is located
in this building both over thei r entra nce as well as to oncoming traffic from both directions. Given
only one sign is permitted, that doesn't allow for the practice to be identified from any traffic coming
from the East. Adding a sign on the South East corner of the building will allow for traffic from that
direction to identify the location.
G. The existing building entrance is oriented on the side of the building which needs to be identified.
Park Dental is trying to identify the building to vehicular traffic and the entrance to the bu i lding is set
back from the road.
H. The surrounding area is predominately retail/ medical and adding an additional sign on the
building would not detract but would add to the environment by highlighting the tenant i n the
building. Clients get confused to the location and occasionally go to the High Pointe complex due to
the lack of signage identifying the building.
I. Adding additional identity to the building would only increase the level of way finding in the
complex and avoid confusion as to the final destination of our patients.
STAFF REPORT
DATE: March 20, 2018
REGULAR
ITEM #: 20
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Royal Golf Club at Lake Elmo Development Agreement Amendment
REVIEWED BY: Sarah Sonsalla, City Attorney
Kristina Handt, City Administrator
BACKGROUND:
The Royal Golf Club at Lake Elmo Preliminary Landscape Plans included the need for 3800 trees
within the entire Royal Golf Club at Lake Elmo Preliminary Plat per Tree Preservation and
Landscape requirements. The original number of trees that were required to be planted within the
development was approximately 4600, but because the area is heavily wooded and because the
language within the tree preservation ordinance requires a minimum of five trees to be planted for
every one acre of land that is developed or disturbed, the City made some concessions, and an
agreement was made to require that 3800 trees be planted within the development. The Developer
and City have been working on coming to an agreement for trees required within the development, as
both the Developer and City believe that the required number of trees within the development would
cause tree overcrowding.
The updated preliminary landscape plans provide that a total of 888 trees are to be planted on single
family lots. Of these, four are to be planted within each large single family lot, and two are to be planted
within each small single family (villa) lots. The Development Agreement for Royal Golf Club at Lake
Elmo 1st Addition required that security be in place for the cost of all trees, including those to be
planted within single family lots to be installed on single family lots by builders. Other developments
within the City (i.e. Hunter’s Crossing) have landscaping that is warrantied within private lots. The
Developer is requiring the builders to plant these trees and is requesting that the City not govern,
warrant, or dictate those trees and simply ensure that they are planted. They also have communicated
that they are planning to reduce the number of trees to be planted within the development by an
additional 969 beyond the required 2912 (2912 subtracted by a proposed 1943 trees), paying $500 per
each 2.5 caliper inch tree that the developer elects not to plant within the subdivision
The Council discussed this request at the January 9, 2018 workshop and directed Staff to draft an
amendment to the Royal Golf Club at Lake Elmo which will reduce the number of trees required to be
planted within the development from 3800 to 2912 (the 888 to be planted within single family lots
subtracted from the agreed-upon number of trees to be planted within the development). There was
consensus that simply not requiring warranty on these trees would leave the City with no way to enforce
the requirement that these trees be planted. This direction was given to Staff under the understanding
that the developer would be paying park dedication fees totaling $484,500 ($500 per 2.5 caliper inch
tree X 969 trees to be reduced). Additionally, it should be clarified and was discussed at the workshop
City Council – Staff Report Regular Item # 20
Meeting date: March 20, 2018
Page 2
that these trees will still be warranted by way of contracts entered in to between landscapers and
builders/buyers of these lots.
ISSUE BEFORE COUNCIL:
Should the City amend the Royal Golf at Lake Elmo 1st Addition Development agreement,
allowing reduction of the total number of trees required within the development from 3800 to 2912
with the understanding that the developer will also pay the City park dedication fees of $500.00
per 2.5 caliper inch tree in lieu of planting 969 trees within the development?
REVIEW/ANALYSIS:
The proposed amendments to the Royal Golf Club at Lake Elmo 1st Addition include the following:
• That the trees planted within single family lots are not required to be warrantied.
• That the City has agreed to reduce the number of trees required to be warrantied within the
development from 3800 to 2912.
• That the developer will plant at least two trees on villa lots and four trees on single family
home lots.
• All trees within villa and single family lots must be planted prior to release of building
permit escrow.
• That the developer may reduce the number of trees required to be planted within the
development by either implementing woodland management or pollinator friendly native
seeding practices or a per-tree parkland dedication fee of $500.00 per 2.5 caliper inch tree
that the Developer elects not to plant.
• The Developer will be required to pay $121,541.00 in parkland dedication fees for the 1st
Addition for reduction of the number of trees required. This fee was calculated as follows:
$500.00 X 969 2.5-caliper inch trees reduced within the entire preliminary plat area / 291
residential lots within the entire preliminary plat area X 73 residential lots within the 1st
Addition.
Security Reduction. The developer’s amended plan indicates that 422 trees will be planted within
the 1st Addition, which would only require a security of $263,750 ($500 per 2.5 inch caliper tree X
422 trees X 125%), reduced from the previously required security of $311,354.00. If the Council
chooses to amend the Development Agreement to not warranty the trees within the single family lots,
it should also motion to approve the security reduction of $47,604.
FISCAL IMPACT:
The Developer will be required to pay a park dedication fee of $121,541 for 244 trees not planted
within the development.
OPTIONS:
The City Council has the following options:
1) Adopt Resolution 2018-028 approving the First Amendment to Development Agreement
for Royal Golf Club at Lake Elmo; or
City Council – Staff Report Regular Item # 20
Meeting date: March 20, 2018
Page 2
2) Amend Resolution 2018-028 approving the First Amendment to the Development
Agreement for Royal Golf Club at Lake Elmo and adopt as amended.
3) Do not adopt Resolution 2018-028 approving the First Amendment to Development
Agreement for Royal Golf Club at Lake Elmo.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2018-028 approving the Development
Agreement for Royal Golf Club at Lake Elmo.
“Move to adopt Resolution 2018-028 approving the development agreement for Royal Golf
Club at Lake Elmo Final Plat”
Additionally, because security reductions would need to be made as a result of this amendment,
the following motion should also be made:
“Move to approve security reduction for landscaping for the Royal Golf Club 1st Addition by
$47,604.”
ATTACHMENTS:
1. Resolution 2018-028
2. First Amendment to Royal Golf Club at Lake Elmo Development Agreement
3. Amended Preliminary Landscape Plans
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-028
A RESOLUTION APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR
ROYAL GOLF CLUB AT LAKE ELMO 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, Royal Development Inc., 11074 Radisson Road NE, Blaine, MN 55449
(the “Applicant”) has previously submitted an application to the City of Lake Elmo (the “City”)
for a final plat for Royal Golf Club at Lake Elmo 1st Addition; and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2017-093 on
September 5, 2017 approving the final plat for Royal Golf Club at Lake Elmo 1st Addition; and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2017-096 on
September 19, 2017, approving the Development Agreement for Royal Golf Club at Lake Elmo
1st Addition; and
WHEREAS, the Applicant and City have agreed to amend the approved Development
Agreement so that trees planted within single family lots do not need to be warrantied in
recognition of the Developer agreeing to reduce the number of trees it is required to plant within
the development by 969 by paying a parkland dedication fee of $500.00 per 2.5 caliper inch tree
as per Section 19 (C) of the Royal Golf Club at Lake Elmo 1st Addition Development
Agreement.
WHEREAS, the Applicant and City have agreed to reduce the number of required trees
the Developer is required to plant within the Subdivision from 3800 to 2912 as such number is
reflected in the revised landscape plan and that in addition to this number, two trees be planted
on lots that have villa homes and at least four trees be planted on lots that have single family
homes. These trees are not to be counted towards the number of trees required herein. The
number may be further reduced by paying a parkland dedication fee or woodland management or
pollinator friendly techniques.
NOW, THEREFORE, based on the information received, the City Council of the City
of Lake Elmo does hereby approve the First Amendment to Development Agreement for Royal
Golf Club at Lake Elmo 1st Addition and authorizes the Mayor and City Clerk to execute the
agreement.
Passed and duly adopted this 20th day of March 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
513361v1 SJS LA515-36
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement (Amendment) is made and entered into
this _____ day of ___________, 2018, by and between the City of Lake Elmo, a municipal
corporation under the laws of Minnesota (the “City”) and Royal Development, Inc., a Minnesota
corporation (the “Developer”).
RECITALS:
A. The City and the Developer have entered into a Development Agreement dated
August 31, 2017 and recorded with Washington County on September 19, 2017 as Document No.
4129865 (the “Development Agreement”).
B. The Development Agreement relates to that subdivision located in Lake Elmo,
Minnesota known as Royal Golf Club at Lake Elmo 1st Addition and the property is legally
described on Exhibit A attached hereto.
C. The Development Agreement required that all landscaping materials such as trees,
shrubs, grass, or other vegetation installed by the Developer must be warrantied and maintained
for a period of two years.
D. The City and the Developer have agreed to amend the Development Agreement so
that trees planted within lots on which single family and villa homes will be constructed
(collectively the “Single Family Lots” do not need to be warrantied in recognition of the Developer
agreeing to reduce by 969 the number of trees it is required to plant throughout all phases of the
development by paying a parkland dedication fee of $500.00 per 2.5 caliper inch tree as permitted
under Section 19 (C) of the Development Agreement.
NOW, THEREFORE, in consideration of the above recitals, which are expressly
incorporated herein, and for other good and valuable consideration, the receipt and sufficiency
513361v1 SJS LA515-36 2
which is hereby acknowledged, the City and the Developer agree to amend the Development
Agreement as follows:
1. Capitalized terms used but not defined herein have the meanings assigned to them
in the Development Agreement.
2. Section 19 (A) of the Development Agreement shall be changed to read as follows:
A. The Developer agrees to install landscaping in accordance with the
approved Plans, the City approvals, the City Code, the City’s Engineering
Design and Construction Standards Manual, and the City’s Landscape and
Irrigation Standards. All landscaping materials such as trees, shrubs,
grasses, or other vegetation installed by the Developer must be warrantied
and maintained for a period of two years, with the exception of trees planted
on lots that have single family homes, which are not required to be
warrantied. The City has agreed to not require the Developer to warranty
the trees planted within single family lots recognizing that the Developer
has agreed to reduce by 969 the total number of trees it is required to plant
within all phases of the Subdivision by paying the City a per-tree parkland
dedication fee of $500.00 per 2.5 caliper inch tree as permitted under
Section 19 (C) below. The Developer will pay a proportionate share of the
total per-tree parkland dedication fee for each phase of the Subdivision
based upon the number of Single Family Lots contained within each such
phase. For the 1st Addition, the Developer will be required to pay
$121,541.00 in parkland dedication fees [($500 X 969 2.5-caliper inch trees
reduced within the entire preliminary plat area) / 291 Single Family Lots
within all phases of the Subdivision X 73 Single Family Lots within the 1st
Addition]. The two year warranty period for landscaping materials located
within each phase of the Subdivision for which the Developer is providing
a warranty under this Section 19 (A) shall be deemed to start once all
required landscaping identified as responsibility of Developer in the
approved Plans for such phase has received acceptance by the City. The
Developer agrees to have the installer of the landscaping complete an
inspection 30 days prior to the end of the two year warranty period and
provide the City with a written report identifying the condition of all
landscaping. In the event that any landscaping installed by the Developer
is deemed through this inspection 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.
2. Section 19 (C) of the Development Agreement shall be changed to read as follows:
(C) The City has agreed to reduce the number of required trees the Developer
is required to plant within the Subdivision from 3800 to 2912 as such
number is reflected in the revised landscape plan attached hereto as Exhibit
D. However, in addition to planting the number of trees required by this
513361v1 SJS LA515-36 3
paragraph, the Developer agrees that it will require that at least two trees be
planted on lots that have villa homes and at least four trees be planted on
lots that have single family homes. These trees are not to be counted
towards the number of trees that are required by this paragraph to be planted
by the Developer. All trees planted on villa or single family home lots must
be planted before the building permit escrow will be released by the City.
The Developer may further reduce the number of trees that it is required to
plant within the Subdivision by: (i) implementing woodland management
or pollinator friendly native seeding practices within the Subdivision, in a
manner approved by the City’s Landscape Architect, provided that the
number of trees that may be removed from the Developer’s plantings will
be agreed upon by the Developer and the City at the time such practices are
approved; or (ii) paying to the City a per-tree parkland dedication fee of
$500.00 per 2.5 caliper inch tree that the Developer elects not to plant within
the Subdivision.
3. A new Exhibit D to the Development Agreement is hereby added. The new Exhibit
D is attached hereto as Exhibit 2.
4. All other terms and conditions of the Development Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the City and the Developer have executed this First
Amendment to the Development Agreement as of the date first written above.
CITY OF LAKE ELMO
By:_________________________________
Mike Pearson, Mayor
By:_________________________________
Julie Johnson, 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,
respectively of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the City.
__________________________________
Notary Public
513361v1 SJS LA515-36 4
ROYAL DEVELOPMENT INC.
By:________________________________
Its: _______________________________
STATE OF _________ )
) ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this _____ day of _________,
2017, by ___________________, the _______________ of Royal Development Inc., a Minnesota
corporation, on behalf of the corporation.
___________________________________
Notary Public
This document was drafted by:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
513361v1 SJS LA515-36 5
EXHIBIT A
Legal Description of the Property
The property subject to the foregoing First Amendment to Development Agreement is
legally described as follows:
The North Half of the Northeast Quarter of Section 25, Township 29 North, Range 21 West.
Washington County, Minnesota, except therefrom that portion of the Northeast Quarter lying North
and East of the public highway known as County State Aid Road No. 15.
AND
Government Lot 2 of Section 25, Township 29 North, Range 21 West, Washington County,
Minnesota.
AND
Government Lot 1 of Section 25, Township 29 North, Range 21 West, Washington County,
Minnesota.
AND
The Northwest Quarter of Section 25, Township 29 North, Range 21 West, Washington County,
Minnesota.
AND
The Northeast Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 21 West,
Washington County, Minnesota.
AND
Government Lot 3 of Section 25, Township 29 North, Range 21 West,
Washington County, Minnesota.
513361v1 SJS LA515-36 A-1
AND
The Southwest Quarter of the Southeast Quarter of Section 25, Township 29 North, Range 21 West,
Washington County, Minnesota.
AND
That part of Government Lot 4, Section 25, Township 29, Range 21, Washington County, Minnesota,
described as follows:
Commencing at the Southwest corner of said Government Lot 4; thence North 00 degrees 08 minutes
17 seconds East, assumed bearing, along the West line of said Government Lot 4, a distance of
1119.38 feet to the point of beginning of the parcel to be described; thence continuing northerly
along said West line of Government Lot 4, a distance of 584 feet, more or less, to the shoreline of
Horseshoe Lake; thence southeasterly, southerly, and southwesterly along said shoreline to the
intersection with a line that bears South 89 degrees 51 minutes 43 seconds East from the point of
beginning; thence North 89 degrees 51 minutes 43 seconds West, 21.5 feet, more or less, to the
point of beginning.
AND
That part of Government Lot 4, Section 25, Township 29, Range 21, Washington County,
Minnesota, lying southwesterly, southerly, and westerly of the following described line:
Commencing at the Southwest corner of said Government Lot 4; thence North 00 degrees 08
minutes 17 seconds East, assumed bearing, along the West line of said Government Lot 4, a distance
of 482.61 feet to the point of beginning of the line to be described; thence southeasterly 221.89 feet
along a non-tangential curve concave to the southwest having a radius of 490.00 feet, a central angle
of 25 degrees 56 minutes 46 seconds, a chord length of 220.00 feet, and a chord bearing of South
43 degrees 56 minutes 35 seconds East; thence North 63 degrees 42 minutes 45 seconds East, not
tangent to the last described curve, a distance of 10.23 feet; thence South 32 degrees 27 minutes 51
seconds East, 334.35 feet; thence South 00 degrees 08 minutes 17 seconds West, 45.00 feet to the
South line of said Government Lot 4 and said line there terminating.
Parcel Identification Numbers:
25-029-21-12-0001
25-029-21-13-0001
25-0 29-21-14-0001
25-029-21-21-0001
25·029-21-31-0001
25-029-21-42-0001
25-029-21-43-0001
513361v1 SJS LA515-36 2
25-029-21-43-0002
25-029-21-44-0002
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KINGS COURT NORTH
STAFF REPORT
DATE: 3/20/2018
REGULAR
ITEM #: 21
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Single Axle Dump Truck/Snow Plow Purchase
REVIEWED BY: Kristina Handt, City Administrator
Brian Swanson, Finance Director
BACKGROUND: The City of Lake Elmo Public Works Department utilizes a fleet of 9 vehicles to
remove snow and salt over 140 lane miles of city streets on snow events. The fleet consists of pick-ups,
loaders and single axle dump trucks. Of these vehicles, a 1986 dump truck is in service and in need of
replacement due to age and maintenance issues. This unit is not equipped with a front plow or wing and
the salting equipment is not calibrated with ground control sensors which cause excess salt to be applied
to roads. Additionally, this 1986 vehicle, with lacking snow removal equipment, is used in conjunction
with a loader to plow and salt an assigned route, thus making this route a two-person assignment.
ISSUE BEFORE COUNCIL: Should the City Council approve the purchase of a single axle dump
truck/snow plow as outlined in the 2018-2022 Capital Improvement Plan?
PROPOSAL DETAILS/ANALYSIS: Proceeding with this purchase will benefit the city and its citizens
by replacing an aged truck with very limited capabilities with a new truck that is fully capable of handling
all aspects of snow and ice control. Additionally, public works will be able to modify its plow routes in a
way that will not only retire the 1986 truck, but also eliminate the need to plow over 25 lane miles of city
streets with a loader, which does not have capabilities to apply salt. Overall, this new piece of equipment
will do the tasks of two older machines. This purchase will aid Pubic Works in its increasing demand for
snow removal due to the continued growth of the city.
Along with snow plowing activities, staff is proposing to equip this truck with a removable belted conveyor,
which can be utilized to spread gravel needed to repair and maintain road shoulders.
FISCAL IMPACT: Purchase of this vehicle shall not exceed $243,000 and will be funded through
Municipal Bonds. It should be noted that the initial CIP amount was listed as $240,000. The increase in
price is due to the addition of the proposed conveyor.
OPTIONS: Approve purchase of dump truck/snow plow as recommended by MAC
Deny purchase of dump truck/snow plow
Amend and approve purchase of dump truck/snow plow
RECOMMENDATION: If removed from consent agenda…..
Page 2
“Motion to approve the purchase of a single axle dump truck/snow plow for an amount not to exceed
$243,000”
ATTACHMENTS:
• Mack Chassis Spec. (State Bid)
• Mack Purchase Agreement
• Towmaster Equipment Spec. (State Bid)
EVENT G0210-2000006496 STATE OF MINNESOTA
PRICING PAGE
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AMENDMENT #1 FOR 2019 MODELS SA
Print Date & Time 3/6/2018 11:53
VENDOR NAME
YEAR, MAKE AND MODEL
This section for use when ordering
WB 165"
CA 99"Grand Total 114,063.00$
AF 62"
Rear Ratio 4.19
Cab Color GREEN
Wheel
Color
BLACK
Notes
Spec #Description Qty Price Subtotal
1.0 Price for base unit:1 82,069.00$ 82,069.00$
1.99 1
2.0 FRAME OPTIONS 1
2.10 Front frame extension 1 886.00$ 886.00$
2.20 Custom hole punching in frame 100.00$ -$
2.30 Deduct for no front bumper -$
2.40 Frame fastener option (bolt or huck spun)1 STD
2.50 Frame, R.B.M., S.M., PSI, CT
2.60 2,120,000 17.7 120,000 87 - 112 CA (64.00)$ -$
2.70 2,120,000 17.7 120,000 113 - 133 CA STD
2.80 2,120,000 17.7 120,000 134 - 152 CA 107.00$ -$
2.90 2,120,000 17.7 120,000 153 - 199 CA 406.00$ -$
2.10 2,120,000 17.7 120,000 200 - 236 CA 482.00$ -$
2.11 2,470,000 20.6 120,000 87 - 112 CA 176.00$ -$
2.12 2,470,000 20.6 120,000 113 - 133 CA 240.00$ -$
2.13 2,470,000 20.6 120,000 134 - 152 CA 347.00$ -$
2.14 2,470,000 20.6 120,000 153 - 199 CA 646.00$ -$
2.15 2,470,000 20.6 120,000 200 - 236 CA 722.00$ -$
2.16 2.820,000 23.5 120,000 87 - 112 CA 1 521.00$ 521.00$
2.17 2.820,000 23.5 120,000 113 - 133 CA 585.00$ -$
2.18 2.820,000 23.5 120,000 134 - 152 CA 692.00$ -$
2.19 2.820,000 23.5 120,000 153 - 199 CA 991.00$ -$
2.20 2.820,000 23.5 120,000 200 - 236 CA 1,067.00$ -$
2.21 3,160,000 26.3 120,000 87 - 112 CA 744.00$ -$
2.22 3,160,000 26.3 120,000 113 - 133 CA 808.00$ -$
2.23 3,160,000 26.3 120,000 134 - 152 CA 915.00$ -$
2.24 3,160,000 26.3 120,000 153 - 199 CA 1,214.00$ -$
2.25 3,160,000 26.3 120,000 200 - 236 CA 1,290.00$ -$
NUSS TRUCK & EQUIPMENT
2019 MACK GRANITE 42BR SA
LAKE ELMO UPDATED 2-20-2018
EVENT G0210-2000006496 STATE OF MINNESOTA
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2 of 21
AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
2.26 DOUBLE FRAME - PARTIAL IC REINFORCEMENT
2.27 3,230,000 26.9 120,000 87 - 112 CA 801.00$ -$
2.28 3,230,000 26.9 120,000 113 - 133 CA 865.00$ -$
2.29 3,230,000 26.9 120,000 134 - 152 CA 972.00$ -$
2.30 3,230,000 26.9 120,000 153 - 199 CA 1,214.00$ -$
2.31 3,230,000 26.9 120,000 200 - 236 CA 1,290.00$ -$
2.32 3,580,000 29.8 120,000 87 - 112 CA 1,041.00$ -$
2.33 3,580,000 29.8 120,000 113 - 133 CA 1,105.00$ -$
2.34 3,580,000 29.8 120,000 134 - 152 CA 1,212.00$ -$
2.35 3,580,000 29.8 120,000 153 - 199 CA 1,511.00$ -$
2.36 3,580,000 29.8 120,000 200 - 236 CA 1,587.00$ -$
2.37 3,920,000 32.7 120,000 87 - 112 CA 1,376.00$ -$
2.38 3,920,000 32.7 120,000 113 - 133 CA 1,450.00$ -$
2.39 3,920,000 32.7 120,000 134 - 152 CA 1,657.00$ -$
2.40 3,920,000 32.7 120,000 153 - 199 CA 1,856.00$ -$
2.41 3,920,000 32.7 120,000 200 - 236 CA 1,932.00$ -$
2.42 4,260,000 35.5 120,000 87 - 112 CA 1,832.00$ -$
2.43 4,260,000 35.5 120,000 113 - 133 CA 1,673.00$ -$
2.44 4,260,000 35.5 120,000 134 - 152 CA 2,003.00$ -$
2.45 4,260,000 35.5 120,000 154 - 199 CA 2,301.00$ -$
2.46 4,260,000 35.5 120,000 200 - 236 CA 2,384.00$ -$
2.47 DOUBLE FRAME - FULL IC REINFORCEMENT
2.48 3,230,000 26.9 120,000 87 - 112 CA 1,001.00$ -$
2.49 3,230,000 26.9 120,000 113 - 133 CA 1,065.00$ -$
2.50 3,230,000 26.9 120,000 134 - 152 CA 1,172.00$ -$
2.51 3,230,000 26.9 120,000 153 - 199 CA 1,414.00$ -$
2.52 3,230,000 26.9 120,000 200 - 236 CA 1,490.00$ -$
2.53 3,580,000 29.8 120,000 87 - 112 CA 1,241.00$ -$
2.54 3,580,000 29.8 120,000 113 - 133 CA 1,305.00$ -$
2.55 3,580,000 29.8 120,000 134 - 152 CA 1,412.00$ -$
2.56 3,580,000 29.8 120,000 153 - 199 CA 1,711.00$ -$
2.57 3,580,000 29.8 120,000 200 - 236 CA 1,787.00$ -$
2.58 3,580,000 29.8 120,000 87 - 112 CA 1,576.00$ -$
2.59 3,580,000 29.8 120,000 113 - 133 CA 1,650.00$ -$
2.60 3,580,000 29.8 120,000 134 - 152 CA 1,857.00$ -$
2.61 3,580,000 29.8 120,000 153 - 199 CA 2,056.00$ -$
2.62 3,580,000 29.8 120,000 200 - 236 CA 1,787.00$ -$
2.63 3,920,000 32.7 120,000 87 - 112 CA 1,576.00$ -$
2.64 3,920,000 32.7 120,000 113 - 133 CA 1,650.00$ -$
2.65 3,920,000 32.7 120,000 134 - 152 CA 1,857.00$ -$
2.66 3,920,000 32.7 120,000 153 - 199 CA 2,056.00$ -$
2.67 3,920,000 32.7 120,000 200 - 236 CA 2,132.00$ -$
2.68 4,260,000 35.5 120,000 87 - 112 CA 2,032.00$ -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
2.69 4,260,000 35.5 120,000 113 - 133 CA 1,873.00$ -$
2.70 4,260,000 35.5 120,000 134 - 152 CA 2,203.00$ -$
2.71 4,260,000 35.5 120,000 153 - 199 CA 2,501.00$ -$
2.72 4,260,000 35.5 120,000 200 - 236 CA 2,584.00$ -$
2.73 TRIPLE FRAME - FULL IC REINFORCEMENT
2.74 5,688,000 47.4 120,000 87 - 112 CA 4,960.00$ -$
2.75 5,688,000 47.4 120,000 113 - 133 CA 5,024.00$ -$
2.76 5,688,000 47.4 120,000 134 - 152 CA 5,131.00$ -$
2.77 5,688,000 47.4 120,000 153 - 199 CA 5,430.00$ -$
2.78 5,688,000 47.4 120,000 200 - 236 CA 5,506.00$ -$
2.79 Flush bright finish channel steel 113.00$ -$
2.80 Extended stylized-silver-bright finish steel w/stone guard 1,495.00$ -$
2.81 Extended - swept back steel, bright finish with stone guard -
includes center tow pin 1,139.00$ -$
2.82 Mill finish, flush mounted, unpainted aluminum 68.00$ -$
2.83 Extended swept back channel steel (includes center tow pin)
w/stone guard 805.00$ -$
2.84 Extended swept back channel steel with bright finish w/painted
center tow pin 620.00$ -$
2.85 Extended swept back steel channel w/bright finish 258.00$ -$
2.86 Extended swept back painted steel 1 STD
2.87 Flush painted steel (15.00)$ -$
2.88 Flush stainless clad aluminum 143.00$ -$
2.89 Plate type radiator guard 105.00$ -$
2.90 Bright finish plate type radiator guard 258.00$ -$
2.91 Tectyl 185 GW pigmented compound between frame rails 110.00$ -$
2.92 BOC crossmember, steel HD back to back channel intermediate 66.00$ -$
2.93 BOC & intermediate crossmember, HD I-Beam 332.00$ -$
2.94 Frame rail clearance 62.00$ -$
2.999 1
3.0 FRONT AXLE/SUSPENSION/BRAKE/OPTION 1
3.1 Set forward front axle option 1 STD
3.2 12,000 front axle & matching suspension - Mack FXL12 STD
3.3 14,600 front axle & matching suspension - Mack FXL14.6 771.00$ -$
3.4 16,000 front axle and matching suspension -$
3.5 18,000 front axle and matching suspension - Mack FXL18 1 1,361.00$ 1,361.00$
3.6 20,000 front axle and matching suspension - Mack FXL20 2,147.00$ -$
3.7 23,000 front axle and matching suspension - Mack FXL23 2,448.00$ -$
3.8 Heavy duty front axle shocks 1 STD
3.9 Front stabilizer bar -$
3.10 Right hand air bag suspension per Spec 3.6, Driver controlled
-$
3.11 Left air bag suspension per Spec 3.6, Driver controlled
-$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
3.12 Front axle lubrication cap with slotted venthole
3.13 Front brake dust shields 1 18.00$ 18.00$
3.14 Dual front auxiliary steering gear 569.00$ -$
3.15 RH spring build up for wing plow application 30.00$ -$
3.16 LH spring build up for wing plow application 30.00$ -$
3.17 All wheel drive front axle 43,000.00$ -$
3.18 Twin Steer Front Axle 12,612.00$ -$
3.19 Aluminum front hubs 53.00$ -$
3.20 Centerfuse outboard mounted brake drums 217.00$ -$
3.21 Multileaf front spring ILO taperleaf (2 leaf spring)35.00$ -$
3.22 HD mulitileaf front spring ILO taperleaf (2 leaf spring)65.00$ -$
3.23 HD taperlead (3 leaf spring) ILO of taperleaf (2 leaf spring)1 65.00$ 65.00$
3.24 Meritor EX+ Air Disc Brakes requires Meritor rear brakes 653.00$ -$
3.25 Meritor front slack adjustors - Need same slack on rear axle 1.00$ -$
3.26 Meritor front slack with stainless steel pins 58.00$ -$
3.27 Haldex front slack adjustors - Need same slack adjustor on rear
axle STD
3.28 Haldex front slack with stainless steel pins 1 57.00$ 57.00$
3.29 Meritor front brakes ILO of Bendix - requires Meritor rear brakes 1 131.00$ 131.00$
3.30 Power steering reservoir with visible sight glass 30.00$ -$
3.99 1
4.0 4.0 SINGLE REAR AXLE/SUSPENSION/BRAKE/OPTIONS 1
4.1 17,500# driver differential locking rear axle and matching
suspension -$
4.2 19,000# rear axle & matching suspension -$
4.3 19,000# driver differential locking rear axle and matching
suspension -$
4.4 21,000# rear axle and matching suspension (110.00)$ -$
4.5 21,000# driver differential locking rear axle and matching
suspension 374.00$ -$
4.6 22,000# rear axle and matching suspension -$
4.7 22,000# driver differential locking rear axle and matching
suspension -$
4.8 23,000# rear axle and matching suspension 181.00$ -$
4.9 23,000# driver differential locking rear axle and matching
suspension 665.00$ -$
4.10 26,000 # rear axle and matching suspension 880.00$ -$
4.11 26,000 # driver differential locking rear axle and matching
suspension 1,364.00$ -$
4.12 Meritor RS23160 rear axle and 26,000# rear suspension, driver diff.
lock.830.00$ -$
4.13 17,500# air suspension in lieu of springs -$
4.14 19,000# air suspension in lieu of springs -$
4.15 21,000# air suspension in lieu of springs -$
4.16 22,000# air suspension in lieu of springs -$
4.17 23,000# air suspension in lieu of springs 120.00$ -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
4.18 26,000# air suspension in lieu of springs -$
4.19 Dash mounted air dump system -$ -$
4.20 ½ round universal joints 1 STD
4.21 Spicer 1810 HD drive line with half round universal joints 126.00$ -$
4.22 Rear axle heavy duty shocks -$
4.23 Rear auxiliary spring, 4500#-$
4.24 Rear stabilizer bar -$
4.25 Rear brake dust shield 1 18.00$ 18.00$
4.26 Mack RA23R 23,000 lbs rear axl2 1 STD
4.27 Meritor RS-30-185 30,000 lbs rear axle 1,812.00$ -$
4.28 Dana-Spicer S30-190 30,000 lbs rear axle 3,209.00$ -$
4.29 Mack interwheel power didiver for RA23R axle 1,367.00$ -$
4.30 Mack CRD203 carrier 377.00$ -$
4.31 Mack interwheel power divider for CRD2031 axle 1 1,818.00$ 1,818.00$
4.32 Driver controlled interwheel differential lock 484.00$ -$
4.33 Meritor RS23160 rear axle and 3O,000# rear suspension, driver
diff. lock.1,050.00$ -$
4.34 Tractech No-Spin both axle 1,129.00$ -$
4.35 23,000 lbs Mack Multileaf spring with helper 1 130.00$ 130.00$
4.36 26,000 lbs Mack Multileaf spring with helper 165.00$ -$
4.37 30,000 lbs Mack Multileaf spring with helper 515.00$ -$
4.38 30,000 lbs Mack Multileaf spring 385.00$ -$
4.39 38,000 lbs Mack Multileaf spring 825.00$ -$
4.40 21,000 lbs Mack Multileaf spring (110.00)$ -$
4.41 Mack AL231 air ride suspension 120.00$ -$
4.42 Neway 30,000 lbs AD-130 air ride suspension 1,165.00$ -$
4.43 Meritor wide track axle 516.00$ -$
4.44 Lube pump and filter 242.00$ -$
4.45 Meritor 18 MXL extended lube 1 31.00$ 31.00$
4.46 Meritor 175 MXL extended lube 32.00$ -$
4.47 Dana-Spicer SPL170XL extended lube series 453.00$ -$
4.48 Dana-Spicer SPL250XL extended lube series 493.00$ -$
4.49 Dana-Spicer SPL250DXL extended lube series 502.00$ -$
4.50 Dana-Spicer SPL350DXL extended lube series 776.00$ -$
4.51 Haldex automatic rear slack adjustors STD
4.52 Haldex automatic rear slack adjustors with stainless steel pins 1 96.00$ 96.00$
4.53 Meritor automatic rear slack adjustors 1.00$ -$
4.54 Meritor automatic rear slack adjustors with stainless steel pins 231.00$ -$
4.55 Meritor 16.5" x 7" rear brakes 1 58.00$ 58.00$
4.56 Meritor 18" x 7" P rear brakes 53.00$ -$
4.57 Meritor 16.5" x 7" P rear brakes 53.00$ -$
4.58 Meritor 16.5" x 7" heavy duty rear brakes 28.00$ -$
4.59 Haldex "Gold Seal" brake chambers 1.00$ -$
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
4.60 Haldex "Life Seal" brake chamber 1 STD
4.61 MGM TR 30/30 LP3 (3" Stroke) brake chambers 44.00$ -$
4.62 MGM MODEL LTR-L3 (3" Stroke)114.00$ -$
4.63 MGM TR3030LP3THD 66.00$ -$
4.64 MGM MODEL TR-T tamper-resistant brake chamber 26.00$ -$
4.65 MGM MODEL TR-T tamper-resistant brake chamber - reclock inlet
ports for optimum ground clearance 43.00$ -$
4.66 Haldex "Gold Seal" 3.0" stroke bake chamber 159.00$ -$
4.67 Centerifuse outboard brake drums 103.00$ -$
4.68 Aluminum preset hub with integrated spinle nut 19.00$ -$
4.69 Conmet Aluminum preset bearings & seals 192.00$ -$
4.70 Chicago Rawhide (Scotseal Longlife)30.00$ -$
4.71 National/Federal Mogul 11.00$ -$
4.72 Stemco-Grit Guard 32.00$ -$
4.73 Stemco-Guardian 31.00$ -$
5.0 INTENTIONALLY LEFT BLANK:
5.99 1
6.0 TIRES/RIMS OPTIONS:
6.1 Nylon wafers or wheel guards on all wheels (10 ea.)44.00$ -$
6.2 Heavier 7500 lb. 22.5 x 8.25 Steel rims in lieu of standard 7300#
rims (10 ea.) STD
6.3 Heavier 7500 lb. 22.5 x 8.25 Steel rims in lieu of standard 7300#
rims (8 ea.) in rear only 16.00$ -$
6.4 11R 22.5 H front tires 39.00$ -$
6.5 12R 22.5 H front tires 198.00$ -$
6.6 9000 lb. 22.5 9” front steel rims, 315/80R 22.5 J front tires 187.00$ -$
6.7 10,000 lb. 22.5 9” front steel rims, 315/80R 22.5 J front tires 1 407.00$ 407.00$
6.8 10,500 lb. 22.5 x 12.25 front steel rims, 385/65R 22.5 J front tires 609.00$ -$
6.9 10,500 lb. 22.5 x 12.25 front steel rims, 425/65R 22.5 J front tires 669.00$ -$
6.10 11R 22.5 H rear tires 328.00$ -$
6.11 7,300 lb. 24.5” x 8.25” steel front rims 5.00$ -$
6.12 7300 lb. 24.5” x 8.25” rear steel rims 44.00$ -$
6.13 8,000 lb. 24.5” x 8.25" steel front rims 10.00$ -$
6.14 8,000 lb. 24.5” x 8.25” steel rear rims 82.00$ -$
6.15 11R 24.5 G front tires 63.00$ -$
6.16 11R 24.5 H front tires 105.00$ -$
6.17 11R 24.5 G rear tires 164.00$ -$
6.18 11R 24.5 H rear tires 480.00$ -$
6.19 Steel spare rim, size 22.5 x 8.25 125.00$ -$
6.20 Steel spare rim, size 24.5 x 8.25 148.00$ -$
6.21 Steel spare rim, size 22.5 x 9.0 380.00$ -$
6.22 Steel spare rim, size 22.5 x 12.25 430.00$ -$
6.23 12R22.5 H front tires 439.00$ -$
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
6.24 12R 22.5 H rear tires 876.00$ -$
6.25 Wheel lug wrench - includes handle 48.00$ -$
6.26 Aluminum front wheel - 22.5 x 8.25 141.00$ -$
6.27 Aluminum front wheel - 24.5 x 8.25 156.00$ -$
6.28 Aluminum front wheel - 22.5 x 9.0 1 329.00$ 329.00$
6.29 Aluminum front wheel - 22.5 x 12.25 387.00$ -$
6.30 Polished aluminum front wheel 48.00$ -$
6.31 Dura-bright bright finish front wheels 204.00$ -$
6.32 Wheel finishing with extra polished front wheels 76.00$ -$
6.33 Aluminum rear wheels - 22.5 x 8.25 1 246.00$ 246.00$
6.34 Aluminum rear wheels - 24.5 x 8.25 300.00$ -$
6.35 Polished aluminum rear wheel four outboard of dual wheels 66.00$ -$
6.36 Polished aluminum rear wheel all eight (4) wheels 133.00$ -$
6.37 Dura-bright bright finish on all eight (4) rear wheels 667.00$ -$
6.38 Dura-bright bright finish on all four (2) outboard rear wheels 334.00$ -$
6.39 11R22.5 G Bridgestone M843 front tires 223.00$ -$
6.40 11R22.5 G Michelin XZE2 front tires 296.00$ -$
6.41 315/80R22.5 L Michelin XZA1 front tires 532.00$ -$
6.42 385/65R22.5 J Michelin XZY3 front tires 712.00$ -$
6.43 425/65R22.5 L Michelin XZY3 front tires 959.00$ -$
6.44 11R22.5 G Bridgestone M843 rear tires 446.00$ -$
6.45 11R22.5 G Michelin XDN2 rear tires 946.00$ -$
6.46 11R22.5 H Michelin XDN2 rear tires 982.00$ -$
6.47 11R22.5 G Goodyear G622RSD rear tires 1,252.00$ -$
6.48 11R22.5 H Goodyear G622RSD rear tires 1,336.00$ -$
6.99 1
7.0 BRAKE SYSTEM OPTIONS:1
7.1 Wabco System Saver 1200 E heated air dryer 1 STD
7.2 Manual cable drain valves on air tanks with lanyard on all tanks 24.00$ -$
7.3 Heated air tank
7.4 Auto drain valves on air tanks 31.00$ -$
7.5 MGM type TR-T rear brake chambers 50.00$ -$
7.6 S.S. pins on slack adjuster yoke (2 ea. per yoke)
For all air brake chambers -$
7.7 Inverted rear brake chamber mounting in lieu of regular mounting -$
7.8 Relocate air dryer 49.00$ -$
7.9 Bendix AD9 heated air dryer 118.00$ -$
7.10 Bendix AD-IP heated air dryer 164.00$ -$
7.11 Meritor/Wabco system twin heated air dryer 539.00$ -$
7.12 Auto heated drain valve- heated supply tank, manual petcock 42.00$ -$
7.13 Auto heated drain valve- heated supply tank, with lanyard on all
other tanks 72.00$ -$
7.14 Aluminum air reservoirs 192.00$ -$
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
7.15 Polished aluminum air reservoirs 252.00$ -$
7.16 Increase air capacity for installation of extra axles 289.00$ -$
7.17 MACK Road Stability Adv. Bendix ABS/ATC/RSA w/YAW control
with mud/snow switch 1,873.00$ -$
7.18 Meritor/Wabco ABS system w/o automatic traction control 142.00$ -$
7.19 Bendix ABS system with traction control 1 270.00$ 270.00$
7.20 Meritor/Wabco ABS system w/auto traction control 357.00$ -$
7.21 Furnish automatic traction control (ATC full disable switch)105.00$ -$
7.22 Lanyard control on supply wet tank 16.00$ -$
7.23 Haldex "Gold Seal" brake chamber 1.00$ -$
7.24 Haldex "Life Seal" brake chamber STD
7.25 MGM TR 30/30 LP3 (3" Stroke) brake chamber 105.00$ -$
7.26 MGM LTR (3" Stroke) brake chamber 285.00$ -$
7.27 MGM TR3030LP3THD 133.00$ -$
7.28 MGM TR-T (Tamper Resistant brake chamber) reclock inlet ports
for optimum ground clearance 68.00$ -$
7.29 Haldex "Gold Seal" 3.0" stroke brake chamber 399.00$ -$
7.30 Electric horn sound when driver door open with park brake
released 67.00$ -$
7.31 Alarm to sound when driver door open & parking brake not on 43.00$ -$
7.32 Schreader valve located in supply tank 47.00$ -$
7.33 Schreader valve, secondary 47.00$ -$
7.34 Two (2) valve dual brake system-trailer supply and tractor-trailer
park 42.00$ -$
7.35 Relocate all air reservoir in frame 48.00$ -$
7.36 Air reservoir in frame, one reservoir on the RH rail behind Cleartech 48.00$ -$
7.37 Never-seize to brake shoes pins & cam rollers 33.00$ -$
7.99 1
8.0 ENGINE/EXHAUST AND FUEL TANKS OPTIONS:1
(List Make & Model, H.P., torque of engine and exhaust and
fuel tank options)
8.1 Mack MP7-325M 325HP@1400-1900 RPM (Peak) 2100 RPM Gov
1250 LB-FT Torque STD
8.2 Mack MP7-355A 355HP@1500-1800 RPM (Peak) 2100 RPM Gov
1250 LB-FT Torque 481.00$ -$
8.3 Mack MP7-375M 375HP@1500-1900 RPM (Peak) 2100 RPM Gov
1360 LB-FT Torque 1 813.00$ 813.00$
8.4 Mack MP7-425M 425HP@1500-1800 RPM (Peak) 2100 RPM Gov
1560 LB-FT Torque 1,508.00$ -$
8.5 Mack MP7-345C 345HP@1450-1700 RPM (Peak) 1950 RPM Gov
1360 LB-FT Torque 300.00$ -$
8.6 Mack MP7-365C 365HP@1400-1700 RPM (Peak) 1950 RPM Gov
1460 LB-FT Torque 651.00$ -$
8.7 Mack MP7-395A 395HP@1450-1700 RPM (Peak) 1950 RPMGov
1560 LB-FT Torque 1,112.00$ -$
8.8 Mack MP7-395C 395HP@1450-1700 RPM (Peak) 1950 RPM Gov
1560 LB-FT Torque 1,112.00$ -$
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
8.9 Mack MP8-415C 415HP@1400-1700 RPM (Peak) 1950 RPM Gov
1660 LB-FT Torque 2,064.00$ -$
8.10 Mack MP8-445C 445HP@1300-1700 RPM (Peak) 1950 RPM Gov
1860 LB-FT Torque 2,589.00$ -$
8.11 Mack MP8-505C 505HP@1500-1700 RPM (Peak) 1950 RPM Gov
1860 LB-FT Torque 3,311.00$ -$
8.12 Mack MP8-425M 425HP@1500-1900 RPM (Peak) 21000 RPM
Gov 1560 LB-FT Torque 2,247.00$ -$
8.13 Mack MP8-455M 455HP@1500-1900 RPM (Peak) 21000 RPM
Gov 1760 LB-FT Torque 2,635.00$ -$
8.14 Mack MP8-505M 5055HP@1500-1900 RPM (Peak) 21000 RPM
Gov 1860 LB-FT Torque 3,759.00$ -$
8.15 Clear Back of Cab - DPF & SCR Frame Mounted , RH Side under
Cab 1 114.00$ 114.00$
8.16 PK7-17C2 93 gallon sleeved fuel tank, 20" clearance for
outrigger/wing plow 317.00$ -$
8.17 Cleartech, DPF RH side under cab w/SCR vertical RH side of cab 601.00$ -$
8.18 Cleartech with DPF vertical RH side BOC, w/SCR vertical LH side
BOC 3,308.00$ -$
8.19 No Muffler, Single (R/S) Vertical Exhaust Cab Mounted, Lower
Ventura Diffuser, Turned End 1 318.00$ 318.00$
8.20 No Muffler, Single (R/S) Vertical Exhaust Cab Mounted, Lower
Ventura Diffuser, Plain End 318.00$ -$
8.21 Single (R/S) Vertical Straight Exhaust Stack Plain End (16.00)$ -$
8.22 Single (R/S) Vertical Straight Exhaust Stack Turned Out 1 STD
8.23 Single (R/S) Vertical Straight Exhaust Stack Plain End Perf Stack
Diffuser 32.00$ -$
8.24 Single (R/S) Vertical Straight Exhaust Stack Plain End Side Outlet
Diffuser 126.00$ -$
8.25 Single (R/S) Vertical Straight Exhaust Stack Plain Top Outlet
Diffuser 126.00$ -$
8.26 Dual Vertical Straight Exhaust Stack Plain End - N/A with Allison
Transmission 1,065.00$ -$
8.27 Dual Vertical Straight Exhaust Stack Turned Out End - N/A with
Allison Transmission 1,091.00$ -$
8.28 Dual Vertical Straight Exhaust Stack Plain Side Outlet Diffuser -
N/A with Allison Transmission 1,507.00$ -$
8.29 Dual Vertical Straight Exhaust Stack Plain Top Outlet Diffuser - N/A
with Allison Transmission 1,507.00$ -$
8.30 Single, Bright finish heat shield & stack 1 65.00$ 65.00$
8.31 Dual, Bright finish heat shield & stack 130.00$ -$
8.32 Single, Bright finish heat shield, stack & elbow 162.00$ -$
8.33 Dual, Bright finish heat shield, stack & elbow 344.00$ -$
8.34 Single, Bright finish stack only 50.00$ -$
8.35 Dual, Bright finish stack only 99.00$ -$
8.36 Single, Bright finish lower elbow & stack 148.00$ -$
8.37 Dual, Bright finish lower elbow & stack 294.00$ -$
8.38 Single, Bright finish heat shield only 16.00$ -$
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
8.39 Dual, Bright finish heat shield only 31.00$ -$
8.40 Bright finish stainless steel heat shield for frame mounted Mack
Cap DPF 171.00$ -$
8.41 50 Gallon LH steel 22" Dia fuel tank (118.00)$ -$
8.42 66 Gallon LH steel 22" Dia fuel tank (96.00)$ -$
8.43 72 Gallon LH steel 26" Dia fuel tank (62.00)$ -$
8.44 88 Gallon LH steel 22" Dia fuel tank 164.00$ -$
8.45 93 Gallon LH steel 26" Dia fuel tank 267.00$ -$
8.46 116 Gallon LH steel 22" Dia fuel tank 222.00$ -$
8.47 50 Gallon LH aluminum 22" Dia fuel tank (64.00)$ -$
8.48 66 Gallon LH aluminum 22" Dia fuel tank (45.00)$ -$
8.49 72 Gallon LH aluminum 26" Dia fuel tank 24.00$ -$
8.50 88 Gallon LH aluminum 22" Dia fuel tank 231.00$ -$
8.51 93 Gallon LH aluminum 26" Dia fuel tank 272.00$ -$
8.52 116 Gallon LH aluminum 22" Dia fuel tank 292.00$ -$
8.53 50 Gallon LH Steel D-Shape (118.00)$ -$
8.54 66 Gallon LH Steel D-Shape (68.00)$ -$
8.55 88 Gallon LH Steel D-Shape 101.00$ -$
8.56 116 Gallon LH Steel D-Shape 300.00$ -$
8.57 50 Gallon LH Aluminum D-Shape (118.00)$ -$
8.58 66 Gallon LH Aluminum D-Shape (27.00)$ -$
8.59 88 Gallon LH Aluminum D-Shape 173.00$ -$
8.60 93 Gallon LH Aluminum D-Shape 195.00$ -$
8.61 116 Gallon LH Aluminum D-Shape 367.00$ -$
8.62 66 Gallon LH Steel D-Shape with Integral DEF Tank (47.00)$ -$
8.63 88 Gallon LH Steel D-Shape with Integral DEF Tank 213.00$ -$
8.64 111 Gallon LH Steel D-Shape with Integral DEF Tank 325.00$ -$
8.65 66 Gallon LH Aluminum D-Shape with Integral DEF Tank 1 STD
8.66 72 Gallon LH Aluminum D-Shape 26" Dia. with Integral DEF Tank 171.00$ -$
8.67 88 Gallon LH Aluminum D-Shape with Integral DEF Tank 240.00$ -$
8.68 93 Gallon LH Aluminum D-Shape 26" Dia. with Integral DEF Tank 304.00$ -$
8.69 111 Gallon LH Aluminum D-Shape with Integral DEF Tank 378.00$ -$
8.70 111 & 66 Gallon Aluminum D-Shape tanks, 66 Gallon isolated for
Hyd oil 839.00$ -$
8.71 50 Gallon RH steel 22" Dia fuel tank 503.00$ -$
8.72 66 Gallon RH steel 22" Dia fuel tank 529.00$ -$
8.73 88 Gallon RH steel 22" Dia fuel tank 814.00$ -$
8.74 116 Gallon RH steel 22" Dia fuel tank 871.00$ -$
8.75 50 Gallon RH aluminum 22" Dia fuel tank 570.00$ -$
8.76 66 Gallon RH aluminum 22" Dia fuel tank 593.00$ -$
8.77 88 Gallon RH aluminum 22" Dia fuel tank 879.00$ -$
8.78 116 Gallon RH aluminum 22" Dia fuel tank 849.00$ -$
8.79 50 Gallon RH Steel D-Shape 503.00$ -$
8.80 66 Gallon RH Steel D-Shape 566.00$ -$
8.81 88 Gallon RH Steel D-Shape 751.00$ -$
8.82 116 Gallon RH Steel D-Shape 950.00$ -$
8.83 50 Gallon RH Aluminum D-Shape 569.00$ -$
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
8.84 66 Gallon RH Aluminum D-Shape 617.00$ -$
8.85 88 Gallon RH Aluminum D-Shape 822.00$ -$
8.86 116 Gallon RH Aluminum D-Shape 1,016.00$ -$
8.87 Single polished aluminum fuel tank 197.00$ -$
8.88 Dual polished aluminum fuel tank 393.00$ -$
8.89 Isolate RH fuel tank from fuel system for hyd oil 30.00$ -$
8.90 Dual draw & return fuel system 82.00$ -$
8.91 Filter neck screen for fuel tank 71.00$ -$
8.92 Lockable fuel tank cap 31.00$ -$
8.93 Bright finish DPF tank cover - Requires with bright finish tanks 171.00$ -$
8.94 Bright finish DEF tank cover 29.00$ -$
8.95 Bright Finish Aluminum steps & stainless steel bright finish straps 189.00$ -$
8.96 Bright Finish Fuel Tank Straps - Single Tank 1 32.00$ 32.00$
8.97 Flocs oil change system w/disconnecting fittings 114.00$ -$
8.98 Engine oil drain kit, Flocs, SAE 100R2 hose 136.00$ -$
8.99 1
9.0 ENGINE RELATED OPTIONS:1
9.1 Oil fill and dipstick EZ access -$
9.2 Delco 35 SI Brushless Alternator, 135 AMP 102.00$ -$
9.3 Delco 24 SI Alternator, 130 AMP STD
9.4 Delco 24 SI Alternator, 145 AMP 1 18.00$ 18.00$
9.5 Leece-Neville Alternator, 145 AMP 70.00$ -$
9.6 Dual element air cleaner
9.7 Donaldson Single Stage Air cleaner per spec 12.1 1 278.00$ 278.00$
9.8 Thumb screws for Donaldson. Single stage Air Cleaner -$
9.9 Fuel/water separator/heated/ Thermostatically controlled, __
(Brand)-$
9.10 Davco 382 fuel/water separator, non heated -$
9.11 Non-heated fuel/water separator, Mack w/manual drain valve
(integral w/primary fuel filter 1 STD
9.12 Coolant spin on filter/conditioner 1 47.00$ 47.00$
9.13 Front engine powered take off adapter and radiator cut out 1 103.00$ 103.00$
9.14 Air applied fan drive, Kysor two speed K32 Duro speed fan 135.00$ -$
9.15 Air applied fan drive, ______(Brand)-$
9.16 Viscous fan drive - Behr Electronically modulated 1 STD
9.17 Radiator hose package (Silicone) per Spec 12.2 1 240.00$ 240.00$
9.18 Curved exhaust pipe end 1 STD
9.19 Fuel tank per specification 12.7 -$
9.20 Engine block heater 65.00$ -$
9.21 In line fuel heater 407.00$ -$
9.22 In tank fuel heater 351.00$ -$
9.23 Fuel cooler -$
9.24 Radiator bug screen 1 STD
9.25 Engine brake system 604.00$ -$
9.26 Relocate air dryer 66.00$ -$
9.27 Extended life anti-freeze 1 20.00$ 20.00$
9.28 Starter motor options -$
9.29 Starter motor options - Delco 39MT-MXT 1 STD
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
9.30 Mitsubishi electric 105P planetary gear reduction 46.00$ -$
9.31 Relocate fuel filter 38.00$ -$
9.32 Non-heated fuel/water separator, Racor 1000 FH 349.00$ -$
9.33 Silicone radiator & heater hose with gate valve on each heater hose 201.00$ -$
9.34 Silicone radiator, spring clamps on radiator & heater, 1/4 turn ball
valve heater hose 212.00$ -$
9.35 Mack brand EPDM radiator & heater hoses with 1/4 turn ball valve 79.00$ -$
9.36 Mack brand EPDM radiator & heater hoses with constant torque
clamps on all coolant lines 22.00$ -$
9.37 Leece-Neville Alternator, 200 AMP 464.00$ -$
9.38 Leece-Neville Alternator, 270 AMP 659.00$ -$
9.39 Leece-Neville Alternator, 160 AMP Brushless 106.00$ -$
9.40 Delco 24 SI Alternator, 160 AMP 54.00$ -$
9.41 Delco 36SI Alternator, 165A Amp Brushless 178.00$ -$
9.42 Delco 36SI Alternator, 165A Amp Brushless, w/remote voltage
sensing 166.00$ -$
9.43 Leece-Neville Alternator, 140 Amp 49.00$ -$
9.44 Leece-Neville Alternator, 160 AMP Brush 103.00$ -$
9.45 Meritor/Wabco 636 (37.4 CFM) air compressor 783.00$ -$
9.46 Without bug screen (22.00)$ -$
9.47 Winterfront over radiator mounted bug screen 97.00$ -$
9.48 Winter front cover only 52.00$ -$
9.49 Corrosion resistant oil pan - Recommended for snow plow trucks 1 126.00$ 126.00$
9.50 Stainless steel oil pan 1,950.00$ -$
9.51 Davco 382 heated fuel-water separator 387.00$ -$
9.52 Racor fuel filter 1000 FH, 12V electrical heater with Mack integral
fuel-water separator 374.00$ -$
9.53 120V, 1500W block heater with 150W oil pan heater wired to same
receptacle 137.00$ -$
9.54 Electric preheater 1 53.00$ 53.00$
9.55 Tether device -furnish cap retainer for oil fill, radiator overflow tank,
battery box & tool box when furnish 23.00$ -$
9.56 Electric primer pump (Mack engine) with momentary switch located
LH rail BOC 96.00$ -$
9.57 Rear engine PTO (Repto)1,817.00$ -$
9.58 Furnish transmission thru shaft for local installation of RMPTO for
Fuller transmission (lower left)28.00$ -$
9.59 Provision for local installation of rear mounted PTO (lower center)
includes dash mounted indicator light 159.00$ -$
9.60 Air operated PTO control - includes in cab control (RMPTO only)118.00$ -$
9.61 PTO switch and light with wiring and piping 156.00$ -$
9.62 PTO switch and light with wiring and piping - M-Drive transmission 156.00$ -$
9.99 1
TRANSMISSION OPTIONS:1
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
10.0 (After the first Six listed options, list manual and automatic
transmission options. List make and model, # of speeds, type
of shifting and whether or not transmission includes PTO
gear(s) or not). Example: Allison 3000 HS, 5 speed, push
button, no PTO.
10.1 2 plate 14" ceramic clutch option for manual transmission -$
10.2 2 plate 15½" ceramic clutch option for manual transmission -$ -$
10.3 External grease fitting for throw out bearing 7.00$ -$
10.4 Adjustment free option for 2 plate clutches 47.00$ -$
10.5 Synthetic (TranSynd) lubrication for Automatic Transmission 1 301.00$ 301.00$
10.6 Synthetic lubrication for manual transmission STD
10.7 Factory option lube - transmission (56.00)$ -$
10.8 Allison 3000-RDS 5/6 speed push button, PTO 6,147.00$ -$
10.9 Allison 3000-RDS 5/6 speed push button, PTO, w/output retarder 8,178.00$ -$
10.10 Allison 3000-EVS 6 speed push button, PTO 8,108.00$ -$
10.11 Allison 4000-RDS 5 speed push button, PTO 14,280.00$ -$
10.12 Allison 4000-RDS 5/6 speed push button, PTO 13,776.00$ -$
10.13 Allison 4000-RDS 6 speed push button, PTO, w/output retarder 13,536.00$ -$
10.14 Allison 4000-EVS 6 speed push button, PTO 14,972.00$ -$
10.15 Allison 4500-RDS-R 6 speed, PTO 1 13,776.00$ 13,776.00$
10.16 Allison 4500-RDS-R 6 speed, with retarder, push button, PTO 16,776.00$ -$
10.17 Allison 4500-EVS 6 speed push button, PTO 14,972.00$ -$
10.18 Mack TMD12AFD-HD automated 12 speed transmission (direct
drive)3,718.00$ -$
10.19 Mack TMD12AFD-HD automated 12 speed transmission (over
drive)3,718.00$ -$
10.20 Mack TMD13AFD-HD automated 13 speed. Transmission,
creeper/multi-speed reverse (direct drive)7,438.00$ -$
10.21 Mack TMD13AFD-HD automated 13 speed. Transmission,
creeper/multi-speed reverse (over drive)7,438.00$ -$
10.22 Mack TMD13AFD-HD automated 14 speed. Transmission, ultra-
low creeper/multi-speed reverse (over drive)7,839.00$ -$
10.23 Mack T309, 9 speed transmission, PTO STD
10.24 Mack T309LR, 9 speed transmission, PTO 142.00$ -$
10.25 Mack T310, 10 speed manual transmission, PTO (516.00)$ -$
10.26 Mack T310M, 10 speed manual transmission, PTO 1,029.00$ -$
10.27 Mack T310ME, 10 speed manual transmission, PTO 1,193.00$ -$
10.28 Mack T310MLR, 10 speed manual transmission, PTO 1,250.00$ -$
10.29 Fuller FRO-14210C, 10 speed manual transmission, PTO 377.00$ -$
10.30 Fuller RTO-14908LL, 10 speed manual transmission, PTO 855.00$ -$
10.31 Fuller FRO-15210C, 10 speed manual transmission, PTO 1,639.00$ -$
10.32 Fuller FRO-16210C, 10 speed manual transmission, PTO 1,298.00$ -$
10.33 Fuller RTO-16908LL, 10 speed manual transmission, PTO 1,585.00$ -$
10.34 Fuller FRO-18210C, 10 speed manual transmission, PTO 1,614.00$ -$
10.35 Fuller RTO-14909ALL, 11 speed manual transmissin, PTO 1,390.00$ -$
10.36 Fuller RTO-16908ALL, 11 spd manual transmissin, PTO 2,102.00$ -$
10.37 Mack T313LR, 13 speed manual transmission, PTO 1,128.00$ -$
10.38 Mack T313, 13 speed manual transmission, PTO 1,089.00$ -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
10.39 Fuller RTLO-16913A, 13 speed manual transmission, PTO 2,111.00$ -$
10.40 Fuller RTLO-18913A, 13 speed manual transmission, PTO 2,848.00$ -$
10.41 Fuller RTO-16915, 15 speed manual transmissin, PTO 2,220.00$ -$
10.42 Mack T318LR21, 18 speed manual transmission, PTO 1,561.00$ -$
10.43 Mack T318LR, 18 speed manual transmission, PTO 1,277.00$ -$
10.44 Mack T318, 18 speed manual transmission, PTO 1,306.00$ -$
10.45 Fuller RTLO-16918B, 18 speed manual transmissin, PTO 2,725.00$ -$
10.46 Fuller RTLO-18918B, 18 speed manual transmission, PTO 3,407.00$ -$
10.47 Air assist clutch 359.00$ -$
10.48 Mechanical clutch cable 160.00$ -$
10.49 Open grated clutch pedal 14.00$ -$
10.50 Transmission oil cooler 1 STD
10.51 Driveshaft guard for center bearing 27.00$ -$
10.52 Transmission dust proofing 15.00$ -$
10.53 T-Handle shift lever for Allison - Floor mounted 203.00$ -$
10.54 Allison shift to neutral when park brake engaged 1 STD
10.55 3rd or 4th gear hold for Allison transmission 300.00$ -$
10.56 Stainless steel transmission coolant pipes 1 175.00$ 175.00$
10.57 Allison fill tune and dip stick under hood 138.00$ -$
10.58 Remote lube fittings: clutch release, brg & both cross-shaft;
mounted under LH door 50.00$ -$
10.59 GP1-23 Parker gear pump - requires M-Drive transmission and
RMPO 425.00$ -$
10.60 GP1-41 Parker gear pump - requires M-Drive transmission and
RMPO 434.00$ -$
10.61 GP1-60 Parker gear pump - requires M-Drive transmission and
RMPO 548.00$ -$
10.62 GP1-80 Parker gear pump - requires M-Drive transmission and
RMPO 588.00$ -$
10.63 F1-61R Parker gear pump - requires M-Drive transmission and
RMPO 637.00$ -$
10.64 F1-81R Parker gear pump - requires M-Drive transmission and
RMPO 710.00$ -$
10.65 F1-101R Parker gear pump - requires M-Drive transmission and
RMPO 857.00$ -$
10.999 1
11.0 ELECTRICAL OPTIONS:1
11.1 Resettable circuit breaker electrical protection -$
11.2 Automatic reset circuit breakers -$
11.3 Solid state circuit protection -$
11.4 Circuit box under hood or end of frame, each -$
11.5 Battery disconnect off negative side in cab control 97.00$ -$
11.6 Remote jump start terminals 111.00$ -$
11.7 Back up alarm (Preco Factory Model)-$
11.8 OEM daytime running lights 1 STD
11.9 3000 CCA batteries in lieu of 1950CCA 66.00$ -$
11.10 3 each 650/1950 CCA batteries in lieu of 2 each batteries 1 STD
11.11 Battery box aft of cab -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
11.12 Grote 44710 flasher -$
11.13 Signal Stat 935 turn signal per Spec 12.6 -$
11.14 Auxiliary customer access circuits -$
11.15
Switch for snowplow lights mounted on instrumental panel.
Includes wiring terminated near headlights, for customer mounted
auxiliary snowplow lights.1 80.00$ 80.00$
11.16 Power source terminal-2 stud type-mounted on firewall or inside
cab with ground to frame rail and to starter, with 6 gauge wire.-$
11.17
10-position switch panel mounted on instrument panel. Includes 10
lighted switches, ignition control; switches will control relays which
will feed stud type junction block mounted inside cab.-$
11.18 Vehicle speed sensor with speed signal at fuse panel for sander
ground speed control system.1 20.00$ 20.00$
11.19 Battery box left hand rail back of fuel tank 48.00$ -$
11.20 Battery terminal cable with tall battery terminal nuts 8.00$ -$
11.21 Dash mounted indicator body/hoist up body builder lamp 71.00$ -$
11.22 RH/LH led work light on both side of truck 113.00$ -$
11.23 Polished aluminum battery box cover 52.00$ -$
11.24 Molded plastic with splash guard 29.00$ -$
11.25 Painted steel battery box 23.00$ -$
11.26 Lockable steel battery box 69.00$ -$
11.27 Battery shock pad 4.00$ -$
11.28 Body Link w/cab floor pass thru hole/rubber boot 1.00$ -$
11.29 Body Link w/o cab floor pass thru hole/rubber boot 1 STD
11.30 2 Extra dash mounted illuminated toggle switches 16.00$ -$
11.31 One extra dash mounted rocker switch thru battery for local
installed items 10.00$ -$
11.32 One extra dash mounted rocker switch thru ignition for local
installed items 10.00$ -$
11.33 Six extra switches 2-15A ignition, 1-20A ignition, 1-10A ignition, 1-
5A battery, & 1-20A battery 111.00$ -$
11.34 Eight switches - front strobe, rear strobes, wing light, wing strobe,
sander light, tail gate lock, and vibrator 1 237.00$ 237.00$
11.35 Back up alarm with intermittent feature (Ambient noise sensitive)98.00$ -$
11.36 Ecco back-up alarm 575 constant sound level 1 74.00$ 74.00$
11.37 Ecco back-up alarm SA917 ambient noise sensitive 98.00$ -$
11.38 Pollak 41-722 constant audible (mounted on rear crossmember)80.00$ -$
11.39 Fog lights 93.00$ -$
11.40 Fog lights provisions - includes dash control & wiring for local
installation of fog lights 13.00$ -$
11.41 Omit rear tail lights (38.00)$ -$
11.42 Incandescent tail light module 91.00$ -$
11.43 Brake lighting on with engine brake 84.00$ -$
11.44 LED type tail lights 1 199.00$ 199.00$
11.45 Two Mack M/F 925/1850 CCA batteries 56.00$ -$
11.46 Three Mack 730/2190 CCA batteries 5.00$ -$
11.47 Three Mack 800 CCA AGM Long Life Batteries 263.00$ -$
11.48 Four Mack 1000/4000 CCA 182.00$ -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
11.49 Switch in dash with wiring to cab roof, above LH & RH doors for
local installation of strobe lights 32.00$ -$
11.50 LED strobe beacon lights mounted on top of cab with switch on D-
panel 196.00$ -$
11.51 LH roof mounted spot light 71.00$ -$
11.52 Trucklite LED side marker light 102.00$ -$
11.999 1
12.0 CAB EXTERIOR OPTIONS:
12.1 Dual electric horns 6.00$ -$
12.2 Air horns, dual, round, with snow shields 95.00$ -$
12.3 Dual rectangular air horns 1 72.00$ 72.00$
12.4 Fender mirrors per Spec 12.4 133.00$ -$
12.5 Heated mirrors per Spec 12.5 -West Coast 1 104.00$ 104.00$
12.6 Remote control for R.H. mirror & heated -Bulldog stylized mirrors 378.00$ -$
12.7 Remote control for dual mirrors & heated - Bulldog stylized mirrors
with integral convex mirror 474.00$ -$
12.8 Upcharge for cab extension or larger cab -$
12.9 Severe duty aluminum cab option -$
12.10 Dupont Highway orange paint or equal 31.00$ -$
12.11 Premium paint color option 233.00$ -$
12.12 Imron paint option STD
12.13 Imron and clear coat paint option 1 STD
12.14 Top of hood painted flat black 607.00$ -$
12.15 Cab Air Ride Suspension 1 STD
12.16 Tilting hood per Spec 12.8 1 STD
12.17 Butterfly option on hood 413.00$ -$
12.18 Transverse hood opening w/setback axle -$
12.19 Front fender mounted turn signals -$
12.20 Cab visor, external, painted to match cab color 1 184.00$ 184.00$
12.21 Front fender extensions 1 105.00$ 105.00$
12.22 Front fender mud flaps 1 STD
12.23 Arctic winter wiper blades 1 19.00$ 19.00$
12.24 Optional windshield washer tank 1 26.00$ 26.00$
12.25 Per truck charge for all trucks, key identical 20.00$ -$
12.26 RH observation prism window in door 28.00$ -$
12.27 Spotlight LH, RH, or roof mounted each 71.00$ -$
12.28 Front tow hooks 1 STD
12.29 Rear tow hooks 22.00$ -$
12.30 Per truck charge for all trucks, key identical - 4 keys 39.00$ -$
12.31 Heated mirrors per Spec 12.5 -West Coast heated & illuminated 123.00$ -$
12.32 Heated mirrors per Spec 12.5 -Bulldog Stylized mirrors w/integral
convex mirrors 272.00$ -$
12.33 Heated mirrors per Spec 12.5 -Body color aero mirror with
integrated convex mirror (49.00)$ -$
12.34 Remote control for R.H. mirror & heated -Aerodynamic 344.00$ -$
12.35 Hadley/Kam 4-way mirrors with chrome steel - RH motorized &
heated 214.00$ -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
12.36 Remote control for dual mirrors & heated - Bulldog stylized mirrors
illuminated with integral convex mirror 502.00$ -$
12.37 Remote control for dual mirrors & heated - Aerodynamic 444.00$ -$
12.38 Remote control for dual mirrors & heated - Aerodynamic body color 134.00$ -$
12.39 Hadley/Kam 4-way mirrors with chrome steel - RH/LH both
motorized & heated 252.00$ -$
12.40 RH observation prism window in door 28.00$ -$
12.41 Heated electric wiper blades 118.00$ -$
12.42 Heated windshield 1 425.00$ 425.00$
12.43 One piece windshield 83.00$ -$
12.44 Tinted windshield and sides w/50% transmittance gray, tinted rear
window 50.00$ -$
12.45 Bright finish hood intake 1 16.00$ 16.00$
12.46 Bright finish bars with surround grille 1 240.00$ 240.00$
12.47 Bright finish grille 32.00$ -$
12.48 Bullet type chrome marker & clearance lights 75.00$ -$
12.49 Led type marker & clearance lights 1 75.00$ 75.00$
12.50 RH tool box mounted on frame rail 221.00$ -$
12.51 Heated convex mirrors 34.00$ -$
12.52 Electronic keyless entry 130.00$ -$
12.53 Bright finish RH fender mirror 67.00$ -$
12.54 Bus style 1/4 round black finish fender mirrors 191.00$ -$
12.55 Stainless steel exterior sun visor 247.00$ -$
12.56 Bright Finish hood latches 89.00$ -$
12.57 10" round bright finish heated fender mirrors 1 234.00$ 234.00$
12.58 Rect convex mirror above RH driver door window 23.00$ -$
12.999 1
13.0 CAB INTERIOR OPTIONS:1
13.1 Medium grade interior trim package -$
13.2 Sandstone Color with woodgrain instrument panel 292.00$ -$
13.3 Sandstone Color with brushed metallic instrument panel 292.00$ -$
13.4 Slate Gray Color with woodgrain instrument panel 292.00$ -$
13.5 Slate Gray Color with brushed metallic instrument panel 1 292.00$ 292.00$
13.6 Premium grade interior trim package includes
power window and locks in package
13.7 Sandstone Color with woodgrain instrument panel 1,087.00$ -$
13.8 Sandstone Color with brushed metallic instrument panel 1,087.00$ -$
13.9 Slate Gray Color with woodgrain instrument panel 1,087.00$ -$
13.10 Slate Gray Color with brushed metallic instrument panel 1,087.00$ -$
13.11 Round universal gauge package 1 STD
13.12 Power window, passenger side 158.00$ -$
13.13 Power window/both passenger and driver window 1 325.00$ 325.00$
13.14 O.E.M factory installed, AM/FM Premium stereo, CD-Player,
Weatherboard, Handfree interface, Bluetooth 1 STD
13.15 O.E.M factory installed, AM/FM Premium stereo, CD-Player,
Weatherband, Handfree interface, Bluetooth, Sirius/XM Satellite 157.00$ -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
13.16 Radio accommodation package includes antenna, power supply
and two speakers (No radio)(175.00)$ -$
13.17 O.E.M factory installed, AM/FM stereo, MP3, Weatherband,
Handfree interface, Bluetooth (45.00)$ -$
13.18 O.E.M factory installed, air conditioning 1 STD
13.19 Cab mounted non-resettable hour meter -$
13.20 Dash mounted air cleaner air restriction gauge - (Display in Co-Pilot
only)1 STD
13.21 Transmission temp gauges 1 STD
13.22 Windshield defroster fan w/switch dash mounted 87.00$ -$
13.23 Between seats mounted console 308.00$ -$
13.24 Transmission oil sensor (check & fill)1 STD
13.25 CB hot jacks dash mounted 13.00$ -$
13.26 Tilt & telescope steering wheel 1 STD
13.27 Tilt steering wheel -$
13.28 Self canceling turn signals 1 STD
List seating options for driver and passenger seats. Use as many
options as you need to offer seat variations customers have been
buying.
13.29 Bostrom Talladega 915 Hi-Back air driver seat 26.00$ -$
13.30 Bostrom Talladega 915 wide ride Hi-Back air driver with 4 chamber
air lumbar 181.00$ -$
13.31 Bostrom Talladega 915 Hi-Back air driver seat and air lumbar
support 137.00$ -$
13.32 Air-Sears Atlas 70 hi-back driver seat 246.00$ -$
13.33 Air-Sears Atlas 70 hi-back driver seat "Premium comfort with height
adj. Air lumbar 301.00$ -$
13.34 Air-Sears Atlas 80 hi-back driver seat 4 chamber air lumbar 1 374.00$ 374.00$
13.35 National 2000 hi-back air driver seat - single chamber air lumbar, 2
position front cushion adjustable 104.00$ -$
13.36
National 2000 hi-back air driver seat - three chamber air lumbar, 2
position front cushion adjustable front cushion with adjustable rear
cushion 199.00$ -$
13.37 Mack fixed rider seat mid-back with integral storage compartment 82.00$ -$
13.38 Mack fixed rider seat hi-back with integral storage compartment 106.00$ -$
13.39 Extended non suspension rider seat with seat belts (2)101.00$ -$
13.40 Mack fixed hi-back rider seat 44.00$ -$
13.41 Bostrom Talladega 900R mid-back non suspension rider seat 74.00$ -$
13.42 Bostrom Talladega 900R hi-back non suspension rider seat 95.00$ -$
13.43 Bostrom Talladega 915 mid back air rider seat 200.00$ -$
13.44 Bostrom Talladega 915 hi-back air rider seat 297.00$ -$
13.45 Bostrom Talladega 915 hi-back air rider seat with air lumbar 297.00$ -$
13.46 National 2000 mid-back air rider seat 214.00$ -$
13.47 National 2000 hi-back air rider seat 250.00$ -$
13.48 Omit rider seat (40.00)$ -$
13.49 Inboard mounted driver arm rest 1 -$ -$
13.50 Inboard mounted rider arm rest - Air Ride Seat Only -$ -$
13.51 Cloth with vinyl driver & rider seat 1 -$ -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
13.52 Driver seat dust cover 1 -$ -$
13.53 Passenger seat dust cover - Not Available with fix passenger seat -$ -$
13.54 All ultra leather drive and ride set 95.00$ -$
13.55 Orange driver & rider seat belt 76.00$ -$
13.56 Light & buzzer for seat belt 35.00$ -$
13.57 Push button type starter 13.00$ -$
13.58 Diagonal grab handle on inside of driver door 1 35.00$ 35.00$
13.59
Co-pilot driver display (enhanced 4.5" diagonal graphic LCD display
w/4-button stalk control - includes guard dog routine maintenance
monitoring 1 STD
13.60 Roadwatch ambient air temp gauge for outside and road temps -
requires aero-dynamic mirrors 648.00$ -$
13.61 Roadwatch ambient air temp gauge for outside and road temps
without display - includes cable to D panel with 6" extra wire 967.00$ -$
13.62 Roadwatch ambient air temp gauge for outside and road temps
with display on dash panel 1,081.00$ -$
13.63 5lb fire extinguisher between LH seat base and door with valve
aimed rearward 1 66.00$ 66.00$
13.64 Reflector kit parallel to inside of rider base seat 1 27.00$ 27.00$
13.65 Air conditioning blend air HVAC with ATC temp regulation 81.00$ -$
13.66 Air conditioning blend air HVAC with ATC temp regulation &
APADS 226.00$ -$
13.67 Air conditioning with air conditioning protection & diagnostic system
(APADS)132.00$ -$
13.68 Cab cleanout - includes in cab pneumatic line 46.00$ -$
13.69 40 Channel CB Radio, 10 channel weather 205.00$ -$
13.70 48" Radio antenna right side mirror mounted 4.00$ -$
13.71 48"CB Antenna left side mirror mounted 1 38.00$ 38.00$
13.72 CB hot jacks mounted on the dash and in header console 17.00$ -$
13.73 CB mounting in console & external speakers 107.00$ -$
13.74 Auto shutoff for radio when truck is in reverse 47.00$ -$
13.75 Exhaust pyrometer & transmission oil temperature gauges STD
13.76 Exhaust pyrometer, transmission oil temperature, manifold
pressure and air application gauges 1 75.00$ 75.00$
13.77 Exhaust pyrometer, transmission oil temperature, manifold
pressure and air application gauges, Air Suspension 100.00$ -$
13.78 Rear Axle temperature gauge 91.00$ -$
13.79 Red floor lighting w/switch plus (4) door lamps w/switches 103.00$ -$
13.80 Interior storage console mounted on floor between seats w/12 volt
power outlet 308.00$ -$
13.81 Bodybuilder interior console mounted to floor between seats 209.00$ -$
13.999 1
14.0 MN/DOT OPTIONS:
14.10 Additional warranty coverage per spec 12.9 -$
14.20 Engine Plan 1 60 months 250,000 miles 1,200.00$ -$
14.30 Engine Plan 1 72 months 250,000 miles 2,200.00$ -$
14.40 Engine Plan 1 84 months 250,000 miles 2,520.00$ -$
14.50 Engine Plan 1 60 months 250,000 miles - HP over 460 horses 2,000.00$ -$
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
14.60 Engine Plan 1 72 months 250,000 miles - HP over 460 horses 3,300.00$ -$
14.70 Engine Plan 1 84 months 250,000 miles - HP over 460 horses 3,800.00$ -$
14.80 Engine Plan 2 60 months 250,000 miles 1,900.00$ -$
14.90 Engine Plan 2 72 months 250,000 miles 3,800.00$ -$
14.10 Engine Plan 2 84 months 250,000 miles 1 4,300.00$ 4,300.00$
14.11 Engine Plan 2 60 months 250,000 miles - HP over 460 horses 2,950.00$ -$
14.12 Engine Plan 2 72 months 250,000 miles - HP over 460 horses 5,675.00$ -$
14.13 Engine Plan 2 84 months 250,000 miles - HP over 460 horses 6,450.00$ -$
14.14 Engine after-treatment systems (EATS) 60 months 250,000 miles 675.00$ -$
14.15 Engine after-treatment systems (EATS) 72 months 250,000 miles 825.00$ -$
14.16 Engine after-treatment systems (EATS) 84 months 250,000 miles 1 950.00$ 950.00$
14.17 M-Drive Transmission 48 months 500,000 miles 971.00$ -$
14.18 M-Drive Transmission 60 months 500,000 miles 2,067.00$ -$
14.19 M-Drive HD Transmission 48 months 250,000 miles 775.00$ -$
14.20 M-Drive HD Transmission 60 months 250,000 miles 1,150.00$ -$
14.21 M-Drive Clutch 48 months 250,000 395.00$ -$
14.22 M-Drive Clutch 60 months 250,000 695.00$ -$
14.23 HVAC (Air Conditioning) 60 months 600.00$ -$
14.24 Starter 60 months 300,000 miles 203.00$ -$
14.25 Alternator 60 months 300,000 miles 231.00$ -$
14.26 Starter & Alternator 60 months 300,000 miles 315.00$ -$
For Prebuild and Pilot meets See RFP special Terms and
conditions
14.27 Prebuild specification meeting (per person) to be held in St.
Paul/Minneapolis area. 1.00$ -$
14.28 Pilot inspection meeting (per person). 900.00$ -$
14.9 1
15.0 TRAILER TOW OPTIONS:1
15.1 Trailer tow package extended to rear of frame 1 317.00$ 317.00$
15.2 Trailer package extend to rear of frame per Spec 12.12 417.00$ -$
15.3 Single 7 pin SAE type, end of frame 1 117.00$ 117.00$
15.4 Dual 7 pins standard SAE type, end of frame (1) for trailer with
electric brakes, (1) for trailer with air brakes 158.00$ -$
15.5 Hand control valve for trailer brakes 1 47.00$ 47.00$
15.99 1
16.0 MANUALS / TRADE-IN INTEREST FEE:1
16.1
Percent interest per month (non-compounding) on unpaid cab &
chassis balance. Applies only to CPV Members. (Payable after
trade-in is delivered to vendor). Percentage/per month. 1.50$ -$
agencies.
16.2 Manuals in print form, parts repair and service, per set 900.00$ -$
16.3 Manuals in CD form, parts repair and service, per set 500.00$ -$
16.4 Premium Tech Tool 3,200.00$ -$
16.99 1
17.0 Delivery Charges:1
17.1 Price per loaded mile List starting point
EVENT G0210-2000006496 STATE OF MINNESOTA
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AMENDMENT #1 FOR 2019 MODELS SA
Spec #Description Qty Price Subtotal
17.2 Roseville, MN 55113 2.00$ -$
17.99 1
18.0 Maintenance /Body Shop Repair Rate Per Hour 1
18.1 Rate for initial Inspection/Diagnostics 148.00$ -$
18.2 Rate for Mechanical Work 148.00$ -$
18.3 Rate for Body Work 148.00$ -$
18.99 1
19.0 Quantity Discounts:1
Enter the number of units that must be purchased and the
corresponding discount percentage offered to the purchaser. More
than one quantity discount may be entered.
19.1
19.2
19.99 1
20.3 1
20.4 1 Total Cost:114,063.00$
6500 US HWY 63 S, PO BOX 6699
ROCHESTER, MN 55903
507-288-9488 507-424-4156 (FAX)
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DELIVERY INFORMATION
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ADDITIONAL ITEMS OR CONDITIONS OF SALE:
___________________________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________________________
2195 W CTY RD C2, PO BOX 130820
ROSEVILLE, MN 55113
651-633-4810 651-635-0928 (FAX)
2625 QUAIL RD NE
SAUK RAPIDS, MN 56379
320-253-6941 320-253-0176 (FAX)
53976 208TH LN, PO BOX 969
MANKATO, MN 56002
507-345-6225 507-387-5886 (FAX)
3028 TRUCK CENTER DR
DULUTH, MN 55806
218-628-0333 218-628-1822 (FAX)
12540 DUPONT AVE S
BURNSVILLE, MN 55337
952-894-9595 952-894-1619 (FAX)
9(+,&/(385&+$6($*5((0(17
6$/(63(5621 BBBBBBBBBBBBBBBBBBB
3+21(180%(5)$;180%(5
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EQUIPMENT TO BE TRADED
www.nussgrp.com
<($50$.(9,102'(/672&.120,/($*(
DEALER COPY REV11-09A
03/07/2018
PROW
CITY OF LAKE ELMO
3800 LAVERNE AVE NORTH
LAKE ELMO, MN DAKOTA 55042
651-747-3941
1
2019 MACK GR42BR PENDING
$108,813.00
$0.00
$108,813.00
$0.00
$108,813.00
$0.00
$108,813.00
6.50%$7,072.85
$0.00
$0.00
$0.00
$100.00
$5,250.00
$0.00
$121,235.85
$0.00
$121,235.85
$0.00
$121,235.85
TOWMASTER, LITCHFIELD, MN
IT IS FURTHER UNDERSTOOD AND AGREED
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THE DEALER AND THE MANUFACTURER MAKE NO WARRANTIES AS TO SAID VEHICLE(S), EXPRESS, IMPLIED, OR IMPLIED BY LAW,
EXCEPT THE MANUFACTURER'S STANDARD VEHICLE WARRANTY, A COPY OF WHICH HAS BEEN DELIVERED TO THE PURCHASER AND
WHICH IS INCORPORATED HEREIN BY REFERENCE. THE DEALER AND THE MANUFACTURER SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES.
THIS MAY BE A BINDING CONTRACT AND YOU MAY LOSE ANY DEPOSITS IF YOU DO NOT PERFORM ACCORDING TO ITS TERMS.
UNLESS OTHERWISE STATED, ALL INCENTIVES TO THE DEALER.
THE TERMS AND CONDITIONS HEREOF ARE A PART OF THIS AGREEMENT. THE PURCHASER ACKNOWLEDGES HAVING READ THIS
AGREEMENT INCLUDING SUCH TERMS AND CONDITIONS AND FURTHER, PURCHASER ACKNOWLEDGES RECEIVING A COPY OF THIS
AGREEMENT.
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THIS ORDER IS NOT VALID UNLESS ACCEPTED AND SIGNED BY
A SALES MANAGER OR OFFICER OF THE COMPANY.
PURCHASER INITIAL HERE:
DEALER COPY
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REV11-09A