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6-19 part 1 reduced for email
NOTICE OF MEETING City Council Meeting Tuesday, June 19, 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. June 5, 2018 D. Public Comments/Inquires E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Accept Building Department May 2018 Report 4. Accept Fire Department May 2018 Report 5. Accept Public Works May 2018 Report 6. Approve 2018 Wage Adjustments 7. Approve Staggered EDA Terms 8. Approve Public Library Site Improvements Pay Request No. 1 9. Approve Old Village Phase 3 Street & Utility Improvements Pay Request No. 7 10. Approve I-94 Lift Station Change Order No. 3 11. Approve Eagle Point Blvd. Street Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling Hearing on Proposed Assessment – Resolution 2018- 069 12. Approve CSAH 17 Phase 3 Improvements Cooperative Cost Share and Maintenance Agreement – Resolution 2018-067 & 2018-068 13. Approve Hiring of POC Firefighter G. Regular Agenda 14. Wyndam Village Preliminary Plat and Zoning Map Amendment – Ordinance 08-212; Resolution 2018- 066 15. Boulder Ponds 3rd Addition Final Plat and PUD – Resolution 2018-065 16. Royal Golf 2nd Addition Final Plat, PUD and Easement Vacation - Resolution 2018-062 & 2018-063 17. Royal Golf 2nd Addition Development Agreement – Resolution 2018-064 18. Eden Park Storm Sewer Repair 19. Fire Rescue Engine & Equipment Purchase H. Council Reports I. Staff Reports and Announcements J. Closed Session The council will enter a closed session pursuant to MN Stat. 13D.05, subd. 2(b) for consideration of a Step 3 grievance K. 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 JUNE 5, 2018 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Finance Director Iverson, Assistant Administrator Foster, Public Works Director Weldon and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Nelson, seconded by Councilmember Fliflet, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 3 – 0. ACCEPT MINUTES Minutes of the May 15, 2018 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES None PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Accept Building Department April 2018 Report 4. Accept Fire Department April 2018 Report 5. Accept Public Works April 2018 Report 6. Accept 1st Quarter Financials 7. Approve Assessing Services Agreement with Washington County 8. Approve Summer Newsletter 9. Approve Lease with Roccos Pizza for Space in Brookfield Building 10. Approve 2018 Seal Coat Project West Lakeland & Denmark Township Joint Services Agreement. 11. Accept Bids and Award Contract for 2018 Seal Coat Project – Resolution 2018-048 12. Accept Improvements and Approve Security Reduction –Easton Village 1st Addition. 13. Approve County Cooperative Agreement Payment No. 3 for CSAH15/50th Street Traffic Signal LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2018 Page 2 of 4 14. Approve Royal Golf Security Reduction 15. Accept Resignation of Firefighter Paul Jorgenson Councilmember Nelson, seconded by Councilmember Fliflet, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 3 - 0. ITEM 9: Resolution Relating to the EDA Taxable Public Project Lease Revenue and Limited Tax Bonds, Series 2018A; Transfer of Property; and Lease Purchase Agreement Administrator Handt presented an overview of the transaction and the City’s space needs as well as the proposed EDA Bonds to finance the purchase of the Brookfield Building. Mayor Pearson, seconded by Councilmember Nelson, moved TO APPROVE RESOLUTION 2018-059, RELATING TO ECONOMIC DEVELOPMENT AUTHORITY TAXABLE PUBLIC PROJECT LEASE REVENUE AND LIMITED TAX BONDS SERIES 2018A IN THE AMOUNT OF $926,000; AUTHORIZING THE ISSUANCE OF BONDS; CONSENTING TO LIMITED TAX PLEDGE; AND AUTHORIZING THE EXECUTION OF DOCUMENTS. Motion passed 3 – 0. ITEM 10: Old Village Phase 4 Improvements – Award Contract with Change Order; Adopt Final Assessment Roll City Engineer Griffin presented updates including Change Order 1 extending a storm sewer stub for future alley draining and a reduction in assessment amounts for commercial properties. Griffin also reviewed assessment agreements with two property owners and an easement agreement for drainage and utilities on the CHEE property. Councilmember Nelson, seconded by Councilmember Fliflet, moved TO ADOPT RESOLUTION NO. 2018-060 ADOPTING THE FINAL ASSESSMENT ROLL FOR THE OLD VILLAGE PHASE 4 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS; AND TO APPROVE RESOLUTION NO. 2018–061, ACCEPTING BIDS AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, A-1 EXCAVATING, INC., FOR THE BASE BID AMOUNT OF $1,698,744.21, AND APPROVE CHANGE ORDER NO. 1 INCREASING THE CONTRACT AMOUNT BY $24,518.00 FOR A TOTAL CONTRACT AMOUNT OF $1,1,723,262.21; AND TO AUTHORIZE THE CITY ADMINISTRATOR TO PURCHASE INDIVIDUAL GRINDER STATIONS FROM A SUPPLIER IN THE NOT-TO- EXCEED AMOUNT OF $50,000; TO ENTER INTO A MATERIAL TESTING CONTRACT IN THE NOT-TO-EXCEED AMOUNT OF $20,000; AND TO APPROVE A TASK ORDER TO PROVIDE CONSTRUCTION OBSERVATION SERVICES IN AN AMOUNT NOT TO EXCEED $130,000; AND TO APPROVE THE ASSESSMENT AGREEMENT DATED MAY 30, 2018 WITH C.A. GERBITZ CO., INC.; THE ASSESSMENT AGREEMENT DATED MAY 30, 2018 WITH ELMO INN ENTERPRISES, INC.; AND THE PURCHASE OF THE DRAINAGE AND UTILITY EASEMENT AGREEMENT WITH CHEEE LLC IN THE AMOUNT OF $24,800. Motion passed 3 – 0. LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2018 Page 3 of 4 ITEM 11: MS4 Program Public Meeting and Approval of Annual Report Public Works Director Weldon presented the MS4 Annual Report. No public comments were received. Councilmember Fliflet, seconded by Councilmember Nelson, moved TO ACCEPT THE MS4 ANNUAL REPORT FOR 2017 AND AUTHORIZE STAFF TO SUBMIT THE REPORT TO THE MPCA. Motion passed 3 – 0. ITEM 12: National Night Out Event at Lions Park Assistant City Administrator Foster presented a suggestion from a group of citizens for the City to assist with an event at Lions Park for National Night Out. Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPROVE THE CITY SPONSORSHIP OF THE CITYWIDE NATIONAL NIGHT OUT EVENT AT LIONS PARK AND THE CLOSURE OF LAVERNE AVENUE FROM THE FIRE STATION NORTH TO 36TH STREET FROM 5:30 PM TO 9:30 PM. Mayor Pearson, seconded by Councilmember Nelson, moved TO LIMIT STAFF SUPPORT FOR THE EVENT TO INSURANCE COVERAGE, SHERIFF DEPUTIES AND FIRE DEPARTMENT. Motion passed 2 – 1. (Fliflet – nay) Primary motion passed 2 – 0 – 1. (Fliflet – present/not voting) ITEM 13: 2040 Comprehensive Plan Draft for Adjacent Jurisdictional Review Planning Director Becker reviewed the status of the draft 2040 Comprehensive Plan. Information was also presented by Swanson Haskamp Consulting. Mark Hogue spoke on behalf of Shiltgen Farms at 10880 Stillwater Blvd., commenting on Shiltgen Farms planned marketing for sale. Jim Ogren, 11790 Little Bluestem Ct. spoke on behalf of his homeowners association, commenting on the change to remove the urban reserve designation. Stefany Lorang, 9918 7th Street N., commented on the land directly east of the Savona single family homes, stating that the proposed mixed use business park alarms her. Mayor Pearson, seconded by Councilmember Nelson, moved TO APPROVE THAT THE 2040 UPDATE BE SUBMITTED FOR ADJACENT JURISDICTIONAL REVIEW. Councilmember Fliflet, seconded by Mayor Pearson, moved TO REINTRODUCE URBAN RESERVE AS WAS INCLUDED IN THE PREVIOUS DRAFT. Motion failed 1 – 2. (Pearson, Nelson – nay) LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2018 Page 4 of 4 Primary motion passed 3 – 0. COUNCIL REPORTS Mayor Pearson: Reported on calls received regarding feeding wild animals. Councilmember Nelson: Attended the grand opening of the Sally Manzara Nature Center. Councilmember Fliflet: Announced opening of farmers market June 23rd and thanked the volunteers. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Provided an update on the Sanctuary outlot issue, water system updates, Carriage Station easement for the well generator and meeting with State of Minnesota representatives. City Clerk Johnson: Reported on upcoming elections City Attorney Sonsalla: Working on Royal Golf plat and development agreement. Finance Director Iverson: Working on budget, CIP and software conversion. City Engineer Griffin: Working with the county on Hudson Road/CSAH 19 traffic signal Sergeant Osterman: Invited the public to attend K-9 officer graduation on June 6th. Meeting adjourned at 9:30 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT -- page 1 -- DATE: June 19, 2018 CONSENT TO: Mayor and City Council FROM: Amy La Belle, Accountant AGENDA ITEM: Payments & Disbursements REVIEWED BY: Kristina Handt, City Administrator BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. FISCAL IMPACT: Claim # Amount Description ACH $ 88,179.12 Payroll 06/07/18 47337 – 47513 $ 465,535.45 Accounts Payable 06/19/18 TOTAL $ 553,714.57 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: “Motion to approve the aforementioned disbursements in the amount of $ 553,714.57” ATTACHMENTS: 1. Accounts Payable – proof list(s) Tl!E CITY OF lt\KEELMO TO: City Council STAFF REPORT DATE: CONSENT #3 MOTION FROM: Michael Bent, Building Official AGENDA ITEM: Approve Monthly Building Department Report for May 2018 REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: ISSUE BEFORE COUNCIL: As part of its Consent Agenda, the City Council is asked to accept the monthly Building Department 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 May 2018. Comparison data is also include from prior years for March for new home single family construction and total permitting activity for the month. Attached are the system summary reports breaking out this information further, including the statistics related to the inspection activity. New Homes Total Valuation Average Home Value Total Permit Valuation YTD Total Residential Units YTD FISCAL IMP ACT: None OPTIONS: RECOMMENDATION: 2018 27 $9,509,769 $352214 $50,495,800 124 2017 19 $6,896,000 $362,947 $50,802,333 112 Motion to accept the May 2018 monthly building permit report as presented. ATTACHMENTS: 1.Valuation Report 2.Permits Issued & Fees Report 3.Inspection statistic report for May 2018 4.YTD Building Department Revenue Report 2016 19 $8,057,000 $424,052 $43,478,797 98 STAFF REPORT DATE: June 19, 2018 CONSENT ITEM #: 4 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Month End Fire Department Update for May 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 52 calls in April: 2 Fire Alarms 1 Arcing/shorted electrical equipment 2 Structure fires 1 Carbon Monoxide incident 9 Cancelled en route 27 Medicals 1 Gas leak 2 Grass fires 2 Car accidents with injuries 1 Nothing found upon arrival 1 Vehicle fire 2 Downed power lines 1 Prescribed fire 52 Total A Command vehicle did not respond on 12 calls for a response rate of 67%. Our average response time was 7.1 minutes from alarm to arrival. 23 calls had 3 or less responders minus the Duty Officer with 11 calls having only 1 personnel on the first due apparatus. 13 calls this month had only shift personnel for responders. Drills for the Month: #1 - CEU: Engine Company Operations #2 - Quarterly EMS #3 - New County CAD system overview and Online Training system intro (Target Solutions) Points of Interest: - New ISO rating effective July 2018, that was obtained by a joint effort of Public Works and Fire Department. We were able to reduce our rating from a 6/9 to a 5 throughout Lake Elmo. This has the potential to save homeowners approximately $250 on the annual insurance premium of a $350,000 home, if their insurance carrier uses ISO. - Staffing continues to be a struggle. The frequency appears to be on the rise where the only responders are the PT personnel. We currently have 3 PT Fire Fighter openings. - One Personnel helped with the County wide Active Shooter training held this month. - One part time fire fighter transitioned to a Substitute capacity as they can no longer meet the requirements of being scheduled part time. Part Timer Accomplishments: - Reinspection of Park Dental to help them with accredidation and Installed Knox Box to close out Inspection for Oakdale Gun Club. - Assisted in and completed semi-annual gear washing for department. - Updated and changed job board at Station 1 to account for shift workers. - Grounskeeping and landscaping at Station 1. - Conducted fire truck ride for LE Elementary school kids that one contest with the annual school carnival. - Station 1 cleaning and equipment maintenance, (ice machine). - Vehicle repairs - power supply to Tender 1, broken storage box on Ranger trailer, faulty wiring on Boat trailer, Boat motor propeller. - Completed multiple requested Safe Haven home inspections and detector installations. - Vehicle and equipment inspections MAYOR AND COUNCIL COMMUNICATION DATE: 6/19/2018 CONSENT ITEM #: 5 AGENDA ITEM: Public Works Director Report SUBMITTED BY: Rob Weldon, Public Works Director REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: City Council is asked to review and accept, as part of Consent Agenda, a brief description of activities that have taken place in the Public Works Department in the month of May 2018. PROPOSAL DETAILS/ANALYSIS: • Irrigation turn-ons • Final work at Lions Park • Submitted Cross Country Ski Trail reimbursement request • Obtain quotes for Well #2 generator • Crack Seal Pre-con Mtg • Meet with TPC on SCADA upgrades • MN-APWA Spring Conf. (R. Weldon) • Old Village Phase 3 walk through • Inspect complaint in Tana Ridge (pond cleanout) • 3-year Street Budget process w/ FOCUS Eng. • Hammes Pressure Reducing Valve Mtg w/ FOCUS Eng. • Raingarden work plan w/ Washington Conservation District • Attend Night to Unite Mtg. • Discover Crossing Bridge mtg w/ FOCUS Eng. • Port-a-pottys delivered to parks • Safety Training • Street Sweeping • Fan install at Public Works • Haul Gravel to park parking lots • Sod Repairs • Pothole patching RECOMMENDATION: Base on the activities listed above, City Council is respectfully asked to accept the May 2018 Public Works Report. STAFF REPORT DATE: June 19, 2018 CONSENT ITEM #: 6 AGENDA ITEM: 2018 Staff Wage Adjustments TO: Mayor and City Council SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Last year, the City Council adopted a Compensation Policy after review by the Human Resources Committee and gathering of data from Tessia Melvin at David Drown and Associates. Last July, most employees were placed into the next closest step in the step and grade system. In December, Council updated the step and grade plan to keep up with changes in other communities. ISSUE BEFORE COUNCIL: Should the proposed wages be effective June 30, 2018? PROPOSAL: The following wage adjustments are recommended effective with the pay period beginning June 30, 2018 for those paid bi weekly. Employee Current Proposed Frequency Emily Becker $3,092.80 $3,192.80 bi-weekly Mike Bent $3,365.60 $3,432.91 bi-weekly Jake Foster $2,231.20 $2,303.20 bi-weekly Julie Johnson $2,469.60 $2,591.20 bi-weekly Amy LaBelle $27.75 $29.21 hourly Toni Liljedahl $31.75 $33.29 hourly Greg Malmquist $3,208.00 $3,392.00 bi-weekly Tanya Nuss $21.06 $22.17 hourly Ben Prchal $27.89 $28.79 hourly Nick Witter $21.75 $22.93 hourly Rob Weldon $3,398.40 $3,596.00 bi-weekly Joan Ziertman $22.41 $23.55 hourly In addition to our regular full and part time staff, the City has also considered adjustments to the paid on call pay structure for the fire department. Attached is a list of the different pay types and proposed rates effective in July. The proposal represents a 2% increase. Since the substitute firefighter and part time pay are new to the city (less than a year), no changes are proposed at this time. FISCAL IMPACT: The estimated fiscal impact for the remainder of 2018 is about $21,000. This includes wages, taxes and benefits. OPTIONS: 1) Approve the wage adjustments as presented 2) Approve the wage adjustments with a different effective date 3) Approve different wage adjustments 4) Do not approve any wage adjustments RECOMMENDATION: If removed from the consent agenda: Motion to approve the 2018 staff wage adjustments as presented. ATTACHMENTS: • Paid on Call Firefighter Pay Plan FIRE DEPT RATES OF PAY • CALL PAY = $13.33/hr o Certified EMT’s shall receive an additional $1.15 per hour. o Certified ENGINEERS shall receive an additional $1.15 per hour. o Officers shall receive an additional $1.15 per hour. • TRAINING and MEETING PAY = $12.17/hr. o Probationary Incentive Pay = $573.78 • OFFICERS PAY = o ASSISTANT CHIEF (1) - $2444.77/year o CAPTAINS (4) - $1631.34/year o LIEUTENANTS (2) - $815.67/year • DUTY CREW/STANDBY PAY - $2.28 per hour. YEAR END INCENTIVE PAY BASED ON YEAREND PERCENTAGE TOTALS 26% - Less than 31% = $460.04 51% - Less than 61% = $660.42 31% - Less than 41% = $516.42 61% - Less than 71% = $745.93 41% - Less than 51% = $603.03 71% & ABOVE = $860.69 • Part Time Shifts = $17/hr • Substitute Firefighter = $17/hr PAY RATES EFFECTIVE JULY 1, 2018 STAFF REPORT DATE: June 19, 2018 CONSENT #7 AGENDA ITEM: Staggered Terms TO: Mayor and Council SUBMITTED BY: Kristina Handt, EDA Executive Director BACKGROUND: The City Council approved Resolution No 2013-05 in February of 2013. This resolution established the Economic Development Authority of the City of Lake Elmo. Under section 2 it states: “Terms shall be staggered as follows: (1) member serves a one-year term; (2) members serve a two-year term; (2) members serve a three-year term.” When appointments were first made later in 2013, there was no indication of how the terms would be staggered. In order to be in compliance with the enabling resolution, staff is suggesting the staggered terms be identified for each commissioner. ISSUE BEFORE COMMITTEE: How should the staggered terms be assigned amongst the current members? PROPOSAL DETAILS/ANALYSIS: Staff proposed and the EDA voted at their June 5, 2018 meeting to recommend the following terms: Commissioner: Term Ending: John Schiltz 12/31/18 John Thompson 12/31/19 Steve Nelson 12/31/19 Dan Raleigh 12/31/2020 Anne Cohen 12/31/2020 After these staggered terms, members would be appointed to serve a six year term. Mark and Linda were identified as alternates when they were appointed in 2014. Typically the city lets alternates stay until the fill a term. Alternatively, the EDA alternates could also be replaced on a six year term timetable. The Mayor and Council member Lundgren would serve until their council term expires. FISCAL IMPACT: NA OPTIONS: 1) Approval of the staggered terms as presented 2) Amend and then Approve the terms RECOMMEDNATION: Motion to approve the staggered terms as presented. ATTACHMENT: • None STAFF REPORT DATE: June 19, 2018 CONSENT ITEM 8 AGENDA ITEM: Public Library Site Improvements – Pay Request No. 1 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. 1 for the Public Library Site Improvements? BACKGROUND: Miller Excavating, Inc. was awarded a construction contract to complete the Public Library Site Improvements in accordance with a Construction Contract dated December 7, 2017. PROPOSAL DETAILS/ANALYSIS: Miller Excavating, Inc. has submitted Partial Pay Request No. 1 in the amount of $51,924.96. 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 $2,732.89. 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. 1 for the Public Library Site Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 1 to Miller Excavating, Inc. in the amount of $51,924.96 for the Public Library Site Improvements project”. ATTACHMENTS: 1. Partial Pay Estimate No. 1. PARTIAL PAY ESTIMATE NO. 1 PUBLIC LIBRARY PARKING LOT IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.132 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $3,400.00 $3,400.00 1.00 $3,400.00 1.00 $3,400.00 2 CY 792 $11.00 $8,712.00 792.00 $8,712.00 792.00 $8,712.00 3 CY 325 $12.50 $4,062.50 325 $4,062.50 325 $4,062.50 4 CY 165 $20.50 $3,382.50 165 $3,382.50 165 $3,382.50 5 TN 150 $115.00 $17,250.00 147.69 $16,984.35 147.69 $16,984.35 6 LF 60 $48.00 $2,880.00 0 $0.00 0 $0.00 7 EA 1 $3,260.00 $3,260.00 1 $3,260.00 1 $3,260.00 8 EA 1 $2,266.00 $2,266.00 0 $0.00 0 $0.00 9 SF 221 $7.40 $1,635.40 93 $688.20 93 $688.20 10 LF 330 $22.65 $7,474.50 362 $8,199.30 362 $8,199.30 11 LF 10 $40.00 $400.00 0 $0.00 0 $0.00 12 EA 2 $550.00 $1,100.00 2 $1,100.00 2 $1,100.00 13 SF 24 $75.00 $1,800.00 24 $1,800.00 24 $1,800.00 14 SF 6 $45.00 $270.00 0 $0.00 0 $0.00 15 LF 230 $5.00 $1,150.00 0 $0.00 0 $0.00 16 EA 2 $100.00 $200.00 0 $0.00 0 $0.00 17 SY 459 $7.00 $3,213.00 0 $0.00 0 $0.00 18 CY 92 $40.00 $3,680.00 32 $1,280.00 32 $1,280.00 19 EA 2 $500.00 $1,000.00 0 $0.00 0 $0.00 20 LF 642 $3.95 $2,535.90 0 $0.00 0 $0.00 21 LF 100 $14.00 $1,400.00 116 $1,624.00 116 $1,624.00 22 EA 2 $165.00 $330.00 1 $165.00 1 $165.00 $71,401.80 $54,657.85 $54,657.85 TOTALS $71,401.80 $54,657.85 $54,657.85 SUBTOTAL ‐ DIVISION 1 DIVISION 1 MOBILIZATION COMMON EXCAVATION (P) SELECT GRANULAR – MOD. 5% (CV) (P) (12‐INCH DEPTH) IMPORT TOPSOIL (CV) (6‐INCH DEPTH) PEDESTRIAN CURB RAMP SIGN TYPE C SILT FENCE, TYPE MS SODDING TYPE LAWN TRUNCATED DOMES CONST DRAINAGE STRUCTURE TYPE 404‐2’x3’ (W/ CASTING) 5‐INCH CONCRETE WALK CONCRETE CURB & GUTTER DESIGN B618 5‐INCH CONCRETE FLUME STORM DRAIN INLET PROTECTION ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 4” SOLID LINE WHITE – EPOXY 4” PVC SCH 40 DRAINTILE WITH COARSE FILTER AGGREGATE (MNDOT SPEC DRAINTILE CLEANOUT AGG. BASE, CL. 6 (CV) (PV) (6‐INCH DEPTH) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (3‐INCH DEPTH) CONST DRAINAGE STRUCTURE TYPE 406 (W/ CASTING) (INCLUDES DIAMET 15” RC PIPE SEWER, DES 3006 PAVT MESSAGE (HANDICAP SYMBOL) – EPOXY STAFF REPORT DATE: June 19, 2018 CONSENT ITEM 9 AGENDA ITEM: Old Village Phase 3: Street, Drainage and Utility Improvements – Pay Request No. 7 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. 7 for the Old Village Phase 3: Street, Drainage and Utility Improvements? BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract on May 16, 2017 to complete the Old Village Phase 3: Street, Drainage and Utility Improvements. PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC, has submitted Partial Pay Request No. 7 in the amount of $91,859.88. 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 $78,217.71. 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. 7 for the Old Village Phase 3: Street, Drainage and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 7 to Douglas-Kerr Underground, LLC in the amount of $91,859.88 for the Old Village Phase 3: Street, Drainage and Utility Improvements project”. ATTACHMENTS: 1. Partial Pay Estimate No. 7. PARTIAL PAY ESTIMATE NO. 7 OLD VILLAGE PHASE 3 IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.133 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $58,045.95 $58,045.95 0.00 $0.00 0.75 $43,534.46 2 ACRE 1.15 $6,000.00 $6,900.00 0.00 $0.00 1.20 $7,200.00 3 TREE 42 $200.00 $8,400.00 0.00 $0.00 43.00 $8,600.00 4 LF 2884 $1.20 $3,460.80 0.00 $0.00 2,780.00 $3,336.00 5 LF 144 $11.45 $1,648.80 0.00 $0.00 101.00 $1,156.45 6 LF 440 $3.00 $1,320.00 0.00 $0.00 378.00 $1,134.00 7 EACH 1 $450.00 $450.00 0.00 $0.00 1.00 $450.00 8 SY 10246 $1.10 $11,270.60 0.00 $0.00 10,246.00 $11,270.60 9 SY 765 $3.75 $2,868.75 0.00 $0.00 744.80 $2,793.00 10 SY 300 $6.25 $1,875.00 0.00 $0.00 491.44 $3,071.50 11 EACH 3 $260.00 $780.00 0.00 $0.00 3.00 $780.00 12 EACH 14 $90.00 $1,260.00 0.00 $0.00 7.00 $630.00 13 EACH 6 $450.00 $2,700.00 0.00 $0.00 6.00 $2,700.00 14 LF 240 $3.50 $840.00 0.00 $0.00 157.50 $551.25 15 LF 610 $2.75 $1,677.50 0.00 $0.00 470.00 $1,292.50 16 LF 200 $27.00 $5,400.00 0.00 $0.00 165.00 $4,455.00 17 LF 100 $24.00 $2,400.00 0.00 $0.00 90.00 $2,160.00 18 EACH 8 $35.00 $280.00 0.00 $0.00 8.00 $280.00 19 EACH 5 $160.00 $800.00 0.00 $0.00 5.00 $800.00 20 EACH 26 $90.00 $2,340.00 0.00 $0.00 27.50 $2,475.00 21 SF 200 $23.00 $4,600.00 0.00 $0.00 132.00 $3,036.00 22 CY 12605 $10.85 $136,764.25 0.00 $0.00 12,605.00 $136,764.25 23 CY 467 $32.50 $15,177.50 0.00 $0.00 0.00 $0.00 24 CY 400 $29.85 $11,940.00 0.00 $0.00 77.60 $2,316.36 25 CY 7764 $19.00 $147,516.00 0.00 $0.00 7,764.00 $147,516.00 26 SY 1000 $1.50 $1,500.00 0.00 $0.00 4,791.30 $7,186.95 27 CY 2288 $31.95 $73,101.60 0.00 $0.00 2,342.00 $74,826.90 28 HOUR 40 $150.00 $6,000.00 6.00 $900.00 58.75 $8,812.50 29 GAL 501 $1.40 $701.40 350.00 $490.00 460.00 $644.00 30 TON 230 $101.00 $23,230.00 0.00 $0.00 253.26 $25,579.26 31 TON 590 $54.50 $32,155.00 610.87 $33,292.42 610.87 $33,292.42 32 TON 315 $63.00 $19,845.00 333.90 $21,035.70 333.90 $21,035.70 33 TON 790 $48.75 $38,512.50 0.00 $0.00 789.11 $38,469.11 34 TON 420 $56.25 $23,625.00 0.00 $0.00 420.85 $23,672.81 35 TON 170 $0.01 $1.70 0.00 $0.00 203.91 $2.04 36 LF 1400 $3.25 $4,550.00 0.00 $0.00 0.00 $0.00 37 LF 1600 $0.01 $16.00 0.00 $0.00 0.00 $0.00 38 EACH 1 $1,024.05 $1,024.05 0.00 $0.00 1.00 $1,024.05 39 EACH 1 $1,095.10 $1,095.10 0.00 $0.00 0.00 $0.00 40 EACH 2 $1,470.00 $2,940.00 0.00 $0.00 0.00 $0.00 41 EACH 2 $2,466.45 $4,932.90 0.00 $0.00 2.00 $4,932.90 42 LF 410 $0.01 $4.10 0.00 $0.00 0.00 $0.00 43 LF 1300 $10.50 $13,650.00 0.00 $0.00 1,100.00 $11,550.00 44 EACH 20 $175.00 $3,500.00 0.00 $0.00 0.00 $0.00 45 LF 3236 $35.10 $113,583.60 0.00 $0.00 3,236.00 $113,583.60 46 LF 125 $36.55 $4,568.75 0.00 $0.00 125.00 $4,568.75 47 LF 741 $32.60 $24,156.60 0.00 $0.00 678.00 $22,102.80 48 LF 350 $30.35 $10,622.50 0.00 $0.00 282.00 $8,558.70 49 LF 178 $37.85 $6,737.30 0.00 $0.00 117.00 $4,428.45 50 LF 101 $100.90 $10,190.90 0.00 $0.00 109.00 $10,998.10 51 EACH 2 $2,939.55 $5,879.10 0.00 $0.00 2.00 $5,879.10 52 EACH 7 $1,580.75 $11,065.25 0.00 $0.00 6.00 $9,484.50 53 EACH 8 $2,432.30 $19,458.40 0.00 $0.00 10.00 $24,323.00 54 EACH 2 $3,484.05 $6,968.10 0.00 $0.00 1.00 $3,484.05 55 EACH 1 $3,940.80 $3,940.80 0.00 $0.00 0.00 $0.00 56 EACH 1 $4,945.05 $4,945.05 0.00 $0.00 1.00 $4,945.05 57 EACH 21 $500.75 $10,515.75 0.00 $0.00 21.00 $10,515.75 58 EACH 9 $1,004.55 $9,040.95 0.00 $0.00 6.00 $6,027.30 59 EACH 4 $324.60 $1,298.40 0.00 $0.00 0.00 $0.00 60 EACH 1 $986.40 $986.40 0.00 $0.00 1.00 $986.40 61 EACH 4 $254.20 $1,016.80 0.00 $0.00 4.00 $1,016.80 62 EACH 5 $429.50 $2,147.50 0.00 $0.00 5.00 $2,147.50 63 LF 815 $11.05 $9,005.75 0.00 $0.00 869.00 $9,602.45 64 LF 760 $20.45 $15,542.00 0.00 $0.00 340.00 $6,953.00 65 LF 250 $9.70 $2,425.00 0.00 $0.00 254.00 $2,463.80 66 LF 290 $14.15 $4,103.50 0.00 $0.00 470.00 $6,650.50 67 EACH 36 $167.60 $6,033.60 0.00 $0.00 0.00 $0.00 68 EACH 14 $3,175.50 $44,457.00 0.00 $0.00 15.00 $47,632.50 69 LF 48 $137.15 $6,583.20 0.00 $0.00 49.18 $6,745.04 70 LF 3236 $1.25 $4,045.00 0.00 $0.00 3,236.00 $4,045.00 71 SY 120 $14.30 $1,716.00 0.00 $0.00 147.09 $2,103.39 72 LS 1 $25,028.00 $25,028.00 0.00 $0.00 1.00 $25,028.00 73 EACH 27 $279.20 $7,538.40 0.00 $0.00 27.00 $7,538.40 74 EACH 3 $726.45 $2,179.35 0.00 $0.00 2.00 $1,452.90 75 EACH 27 $362.85 $9,796.95 0.00 $0.00 27.00 $9,796.95 76 EACH 3 $839.00 $2,517.00 0.00 $0.00 3.00 $2,517.00 77 EACH 1 $390.95 $390.95 0.00 $0.00 1.00 $390.95 78 EACH 3 $1,025.40 $3,076.20 0.00 $0.00 3.00 $3,076.20 2" Rigid Insulation Temporary Water Service 1" Corporation Stop 2" Corporation Stop 1" Curb Stop & Box 2" Curb Stop & Box 8" x 1 ‐1/4" Saddle Tap Connect to Existing Water Main 6" PVC Sanitary Service Pipe ‐ Sch40 4" PVC Sanitary Service Pipe ‐ Sch40 2" HDPE Pressure Pipe Tracer Wire Box ‐ (at property line) Sanitary Sewer Manhole (10' Deep) Sanitary Sewer Manhole Extra Depth 2"x1‐1/4" Fused Tee 15" RC Pipe Apron w/Trash Guard 18" RC Pipe Apron w/Trash Guard 21" RC Pipe Apron w/Trash Guard 36" Span RC Pipe‐Arch Apron w/Trash Guard Infiltration Basin Underdrain System 18" RC Pipe Sewer, Des 3006 CL V 21" RC Pipe Sewer, Des 3006 CL III 36" Span RC Pipe‐Arch Sewer CL IIA Connect to Existing Sanitary Sewer Construct Drainage Structure 2'x3' (w/ CasƟng) 4" PVC Perf. Edge Drain w/ Backfill & Wrap Draintile Cleanout 8" PVC Pipe Sewer (SDR 26) 12" RC Pipe Sewer, Des 3006 CL V 15" RC Pipe Sewer, Des 3006 CL V 8"X6" PVC Wye, SDR 26 6" Clean‐Out Assembly (SCH 40) 2" Pressure Cleanout & CurbstopAssembly Construct Drainage Structure Des. CC ‐ 48" (w/ CasƟng) Construct Drainage Structure Des. CC ‐ 60" (w/ CasƟng) Construct Drainage Structure Des. CC ‐ 72" (w/ CasƟng) Construct Drainage Structure Des. CC ‐ 84" (w/ CasƟng) 8"X4" PVC Wye, SDR 26 1‐1/4" HDPE Service Pipe Sewer Televising ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 Mobilization Type SP 9.5 Wearing Course Mix (3,B) 1‐1/4" Curb Stop & Box Pulverize Bituminous Pavement (P) Remove Bituminous Driveway & Parking Lot Pavement Remove Concrete Driveway Pavement Remove Catch Basin or Manhole (Storm) Salvage and Install Fence Salvage Sign (Type C or Street Name Sign) Remove Gate Valve & Box Sawing Concrete Pavement (Full Depth) Sawing Bit Pavement (Full Depth) Salvage Retaining Wall Agg. Base, Cl. 6 (CV) (P) Street Sweeping Bit. Material for Tack Coat Type SP 9.5 Wearing Course Mix (2,C) (Parking Lots, Driveways & Bike Trails Remove Hydrant Type SP 9.5 Wearing Course Mix (3,C) Salvage & Install Sign Type C Type SP 12.5 Wearing Course Mix (3,B) Type SP 12.5 Wearing Course Mix (3,.C) Bituminous Wedge Paving Saw & Seal Joint (40' Intervals) Pipe Foundation Rock Clearing & Grubbing Clearing & Grubbing Salvage & Install Mailbox Assembly Salvage & Install Pavers (Incl. Flagstone Steps & Wall) Common Excavation (P) Infiltration Basin Excavation (EV) Subgrade Correction (EV)(Includes Select Granular Borrow ‐ Mod 5%) Select Granular Borrow ‐ Mod. 5% (CV)(P) Geotextile Fabric, Type V Remove Water Main Pipe Remove Sewer Pipe (Storm) Remove Backstop Fence Remove Concrete Curb & Gutter QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 79 EACH 34 $382.35 $12,999.90 0.00 $0.00 32.00 $12,235.20 80 EACH 8 $4,199.10 $33,592.80 0.00 $0.00 11.00 $46,190.10 81 EACH 14 $1,586.10 $22,205.40 0.00 $0.00 15.00 $23,791.50 82 EACH 8 $2,036.45 $16,291.60 0.00 $0.00 8.00 $16,291.60 83 EACH 4 $3,023.65 $12,094.60 0.00 $0.00 4.00 $12,094.60 84 LF 1095 $9.20 $10,074.00 0.00 $0.00 1,181.00 $10,865.20 85 LF 90 $22.95 $2,065.50 0.00 $0.00 60.00 $1,377.00 86 LF 394 $24.45 $9,633.30 0.00 $0.00 267.00 $6,528.15 87 LF 2424 $32.30 $78,295.20 0.00 $0.00 2,441.00 $78,844.30 88 LF 892 $60.95 $54,367.40 0.00 $0.00 892.00 $54,367.40 89 LB 3606 $3.25 $11,719.50 0.00 $0.00 3,726.00 $12,109.50 90 CY 40 $115.00 $4,600.00 0.00 $0.00 33.00 $3,795.00 91 SF 5100 $4.90 $24,990.00 0.00 $0.00 5,083.00 $24,906.70 92 SF 480 $6.10 $2,928.00 0.00 $0.00 709.90 $4,330.39 93 LF 365 $19.00 $6,935.00 0.00 $0.00 165.50 $3,144.50 94 LF 5525 $12.25 $67,681.25 0.00 $0.00 5,518.00 $67,595.50 95 SY 300 $47.75 $14,325.00 0.00 $0.00 423.30 $20,212.58 96 SY 125 $55.75 $6,968.75 0.00 $0.00 118.80 $6,623.10 97 SF 72 $30.00 $2,160.00 0.00 $0.00 92.50 $2,775.00 98 LS 1 $2,300.00 $2,300.00 0.00 $0.00 0.75 $1,725.00 99 SF 21 $43.50 $913.50 0.00 $0.00 21.00 $913.50 100 EACH 3 $495.00 $1,485.00 0.00 $0.00 1.00 $495.00 101 LF 2400 $1.25 $3,000.00 0.00 $0.00 715.00 $893.75 102 EACH 23 $125.00 $2,875.00 0.00 $0.00 30.00 $3,750.00 103 CY 125 $39.50 $4,937.50 0.00 $0.00 0.00 $0.00 104 CY 1500 $24.75 $37,125.00 0.00 $0.00 920.23 $22,775.69 105 SY 6300 $5.25 $33,075.00 5,905.00 $31,001.25 11,095.00 $58,248.75 106 ACRE 2 $1,108.00 $2,216.00 0.00 $0.00 0.00 $0.00 107 ACRE 0.2 $777.00 $155.40 0.00 $0.00 0.00 $0.00 108 SY 2400 $1.35 $3,240.00 600.00 $810.00 2,800.00 $3,780.00 109 LF 800 $2.10 $1,680.00 0.00 $0.00 160.00 $336.00 110 LF 700 $15.50 $10,850.00 0.00 $0.00 630.00 $9,765.00 111 EACH 4 $1,400.00 $5,600.00 0.00 $0.00 0.00 $0.00 $1,576,039.15 $87,529.37 $1,519,136.94 TOTALS ‐ BASE CONTRACT $1,576,039.15 $87,529.37 $1,519,136.94 CHANGE ORDER NO. 1 CO1‐1 CY ‐467.0 $32.50 ‐$15,177.50 0.00 $0.00 0.0 $0.00 CO1‐2 EACH ‐1.0 $1,024.05 ‐$1,024.05 0.00 $0.00 0.0 $0.00 CO1‐3 EACH ‐1.0 $1,470.00 ‐$1,470.00 0.00 $0.00 0.0 $0.00 CO1‐4 LF ‐410.0 $0.01 ‐$4.10 0.00 $0.00 0.0 $0.00 CO1‐5 CY ‐125.0 $39.50 ‐$4,937.50 0.00 $0.00 0.0 $0.00 CO1‐6 LF 230.0 $68.90 $15,847.00 0.00 $0.00 236.0 $16,260.40 CO1‐7 EACH 3.0 $1,299.50 $3,898.50 0.00 $0.00 3.0 $3,898.50 CO1‐8 EACH ‐3.0 $1,004.55 ‐$3,013.65 0.00 $0.00 0.0 $0.00 CO1‐9 EACH ‐4.0 $324.60 ‐$1,298.40 0.00 $0.00 0.0 $0.00 CO1‐10 LF ‐460.0 $20.45 ‐$9,407.00 0.00 $0.00 0.0 $0.00 TOTALS ‐ CHANGE ORDER NO. 1 ‐$16,586.70 $0.00 $20,158.90 CHANGE ORDER NO. 2 CO2‐1 AC 2.0 $3,450.00 $6,900.00 0.00 $0.00 1.07 $3,691.50 CO2‐2 LS 1.0 $650.00 $650.00 0.00 $0.00 1.0 $650.00 CO2‐3 CY 20.0 $88.00 $1,760.00 0.00 $0.00 20.0 $1,760.00 CO2‐4 LF 15.0 $51.70 $775.50 0.00 $0.00 15.0 $775.50 TOTALS ‐ CHANGE ORDER NO. 2 $10,085.50 $0.00 $6,877.00 CHANGE ORDER NO. 3 CO3‐1 HR 9.0 $900.00 $8,100.00 0.00 $0.00 9.00 $8,100.00 CO3‐2 LS 1.0 $391.15 $391.15 0.00 $0.00 1.0 $391.15 CO3‐3 EA 1.0 $524.92 $524.92 0.00 $0.00 1.0 $524.92 TOTALS ‐ CHANGE ORDER NO. 3 $9,016.07 $0.00 $9,016.07 CHANGE ORDER NO. 4 CO4‐1 LF 112.0 $43.35 $4,855.20 112.00 $4,855.20 112.00 $4,855.20 CO4‐2 EA 1.0 $1,740.05 $1,740.05 1.00 $1,740.05 1.0 $1,740.05 CO4‐3 LF ‐61.0 $37.85 ‐$2,308.85 0.00 $0.00 0.0 $0.00 CO4‐4 EA ‐1.0 $1,470.00 ‐$1,470.00 0.00 $0.00 0.0 $0.00 CO4‐5 EA 1.0 $450.00 $450.00 1.00 $450.00 1.0 $450.00 CO4‐6 LS 1.0 $2,120.00 $2,120.00 1.00 $2,120.00 1.0 $2,120.00 TOTALS ‐ CHANGE ORDER NO. 4 $5,386.40 $9,165.25 $9,165.25 TOTALS ‐ REVISED CONTRACT $1,583,940.42 $96,694.62 $1,564,354.16 1" Type K Copper Pipe 2" Type K Copper Pipe 6" Water Main DIP ‐ CL 52 (Poly Encased) Connect to Existing Water Service REMOVE 15" RC PIPE APRON W/TRASH GUARD SUBTOTAL ‐ DIVISION 1 REMOVE 6" CLEAN‐OUT ASSEMBLY (SCH 40) REMOVE 21" RC PIPE APRON W/TRASH GUARD Hydrant 6" Gate Valve & Box 8" Gate Valve & Box 16" Butterfly Valve & Box 8" Water Main DIP ‐ CL 52 (Poly Encased) 16" Water Main DIP ‐ CL 52 (Poly Encased) Water Main Fittings Random Rip‐Rap, Class III (includes Geotextile Fabric) 5" Concrete Walk 6" Concrete Walk ‐ Pedestrian Ramp B612 Concrete Curb & Gutter BONDED FIBER MATRIX MULCH REMOVE INFILTRATION BASIN UNDERDRAIN SYSTEM REMOVE FILTER TOPSOIL BORROW (PULVERIZED) (LV) REMOVE 6" PVC SANITARY SERVICE PIPE ‐ SCH 40 8"X6" C900 WYE REMOVE INFILTRATION BASIN EXCAVATION (EV) MULCH BLACK VINYL COATED FENCE B618 Concrete Curb & Gutter 6" Concrete Driveway Pavement 8" Concrete Driveway Pavement Seeding (Seed Mixture Type 25‐131) Seeding (Seed Mixture Type Basin) Erosion Control Blanket Category 3N Sediment Control Log 6' Wide Agg. Lime Walking Trail Temporary Rock Construction Entrance Truncated Domes Traffic Control Sign Panels, Type C Sign, Type Special (Street Name) Silt Fence, Preassembled Storm Drain Inlet Protection Filter Topsoil Borrow (Pulverized) (LV) Common Topsoil Borrow (Pulverized) (LV) Sodding, Type Mineral 8" C900 PIPE SEWER REMOVE 8"X6" PVC WYE, SDR 26 REMOVE SHED 24" RC PIPE 24" RC PIPE APRON W/ TRASH GUARD REMOVE 21" RC PIPE SEWER, DES, 3006 CL III REMOVE 21" RC PIPE APRON W/TRASH GUARD DISPOSE OF CONCRETE PILLAR MONUMENT ADD BARREL SECTION TO SANITARY SEWER MANHOLE CONTRACTOR CREW TIME SERVICE PIPE MATERIALS HYDRANT EXTENSION STAFF REPORT DATE: June 19, 2018 CONSENT ITEM# 10 AGENDA ITEM: I-94 Lift Station (No. 1) and Sanitary Sewer Improvements - Change Order No. 3 SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 3 for the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements? BACKGROUND: RL Larson Excavating, Inc. was awarded a construction contract to complete the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements on May 2, 2017. Construction remains in progress with some site work and restoration remaining. PROPOSAL DETAILS/ANALYSIS: RL Larson Excavating, Inc. has submitted a change order to revise the substantial completion date from November 17, 2017 to July 27, 2018 and revises the final completion date from December 15, 2017 to August 17, 2018. The extended construction contract completion period was needed to allow for the delay in ordering and delivery of the revised lift station pumps previously approved by the City as Change Order No. 1 and weather conditions turning in early November 2017 preventing further roadway improvements being constructed. Also, a change order is needed to address additional work items requested by the City to be completed by the contractor, including sanitary sewer manhole extensions and additional pavement surface to enhance access and maintenance at the lift station site. This change order also addresses quantity overruns mainly associated with rebuilding the shoulder and turn lane on Hudson Boulevard. Poor soils were discovered during the construction causing an overrun of roadway materials. FISCAL IMPACT: None. This change order increases the contract amount by $62,338.80 for a total contract amount of $889,332.22. With this change the project remains below the feasibility project budget but is $29,500 over the project amount that the City bonded for. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 3 for the I-94 Lift Station (No. 1) and Sanitary Sewer 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 I-94 Lift Station (No. 1) and Sanitary Sewer Improvements, thereby revising the substantial completion date from November 17, 2017 to July 27, 2018; revising the final completion date from December 15, 2017 to August 17, 2018; and increasing the contract amount by $62,338.80”. ATTACHMENTS: 1. Change Order No. 3. CONTRACT CHANGE ORDER FORM CHANGE ORDER NO.DATE: TO: UNIT Amount of Original Contract $ Sum of Additions/Deductions approved to date (CO No. 1, 2)$ Contract Amount to date $ Amount of this Change Order (ADD) (DEDUCT) (NO CHANGE)$ Revised Contract Amount $ The Contract Period for Completion will be (UNCHANGED) (INCREASED) (DECREASED)days APPROVED BY ENGINEER: FOCUS ENGINEERING APPROVED BY CONTRACTOR DATE DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA DATE DATE 245 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified as follows upon execution of this Change Order. BYENGINEER 809,129.70 17,853.72 826,983.42 62,338.80 889,322.22 INCREASE/(DECREASE) RL Larson Excavating, Inc., 2255 12th Street SE, St. Cloud, MN 56304 I‐94 LIFT STATION (NO. 1) AND SANITARY SEWER IMPROVEMENTS PROJECT NO. 2016.134 3 June 19, 2018 ITEM $62,338.80 NET CONTRACT CHANGE $62,338.80 CITY OF LAKE ELMO, MINNESOTA BYBY CHANGE ORDER DESCRIPTION / JUSTIFICATION: This Change Order revises the substantial completion date from November 17, 2017 to July 27, 2018 and revises the final completion date from December 15, 2017 to August 17, 2018. The extended construction contract completion period was needed to allow for the delay in ordering and delivery of the revised lift station pumps previously approved by the City as Change Order No. 1 and weather conditions turning in early November 2017 preventing further roadway improvements being constructed. The City is requesting the contractor to complete additional work on the I‐94 Lift Station Improvement project. Additional pavement at the lift station site has been requested by Public Works for access, maintenance, and operation purposes. In addition, two sanitary sewer manholes need to be raised to match the field graded ditch section and to meet City standards. This change order also addresses quantity overruns mainly associated with rebuilding the shoulder and turn lane on Hudson Boulevard. Poor soils were discovered during the construction causing an overrun of roadway materials. Attachments (list documents supporting change):Itemization DESCRIPTION OF PAY ITEM QTY UNIT PRICE **See attached itemization** 6/13/2018 FOCUS Engineering, inc.CHANGE ORDER FORM CHANGE ORDER NO. 3 I‐94 LIFT STATION (NO. 1) AND SANITARY SEWER IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.134 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $30,000.00 $30,000.00 0.00 $0.00 1.00 $30,000.00 2 LS 1 $6,300.00 $6,300.00 0.00 $0.00 1.00 $6,300.00 3 LS 1 $33,000.00 $33,000.00 0.00 $0.00 1.00 $33,000.00 4 EA 5 $315.00 $1,575.00 2.00 $630.00 7.00 $2,205.00 5 SY 1,500 $4.00 $6,000.00 10.00 $40.00 1,510.00 $6,040.00 6 SY 30 $10.00 $300.00 ‐20.90 ‐$209.00 9.10 $91.00 7 LF 80 $10.00 $800.00 3.00 $30.00 83.00 $830.00 8 LF 180 $10.00 $1,800.00 0.00 $0.00 180.00 $1,800.00 9 LF 1,770 $4.00 $7,080.00 ‐3.00 ‐$12.00 1,767.00 $7,068.00 10 REMOVE AND DIPSOSE OF EXISTING STORM SEWER PIPE LF 175 $10.00 $1,750.00 ‐2.00 ‐$20.00 173.00 $1,730.00 11 EA 7 $500.00 $3,500.00 0.00 $0.00 7.00 $3,500.00 12 LF 20 $10.00 $200.00 ‐20.00 ‐$200.00 0.00 $0.00 13 EA 1 $55.00 $55.00 0.00 $0.00 1.00 $55.00 14 EA 1 $130.00 $130.00 0.00 $0.00 1.00 $130.00 15 EA 4 $160.00 $640.00 0.00 $0.00 4.00 $640.00 16 LF 1,300 $2.50 $3,250.00 447.00 $1,117.50 1,747.00 $4,367.50 17 EA 2 $4,200.00 $8,400.00 1.00 $4,200.00 3.00 $12,600.00 18 EA 5 $1,500.00 $7,500.00 0.00 $0.00 5.00 $7,500.00 19 EA 2 $1,605.00 $3,210.00 0.00 $0.00 2.00 $3,210.00 20 LF 445 $45.00 $20,025.00 ‐2.00 ‐$90.00 443.00 $19,935.00 21 LF 920 $46.00 $42,320.00 0.00 $0.00 920.00 $42,320.00 22 LF 55 $117.00 $6,435.00 0.00 $0.00 55.00 $6,435.00 23 LF 356 $56.00 $19,936.00 0.00 $0.00 356.00 $19,936.00 24 LF 20 $93.00 $1,860.00 56.00 $5,208.00 76.00 $7,068.00 25 EA 1 $3,317.00 $3,317.00 0.00 $0.00 1.00 $3,317.00 26 EA 5 $1,025.00 $5,125.00 0.00 $0.00 5.00 $5,125.00 27 EA 7 $3,500.00 $24,500.00 1.00 $3,500.00 8.00 $28,000.00 28 VF 12 $120.00 $1,440.00 8.66 $1,039.20 20.66 $2,479.20 29 EA 1 $4,200.00 $4,200.00 0.00 $0.00 1.00 $4,200.00 30 CY 50 $20.00 $1,000.00 20.00 $400.00 70.00 $1,400.00 31 CY 50 $50.00 $2,500.00 20.00 $1,000.00 70.00 $3,500.00 32 LF 1,792 $1.35 $2,419.20 0.00 $0.00 1,792.00 $2,419.20 33 LS 1 $350,000.00 $350,000.00 0.00 $0.00 1.00 $350,000.00 34 LS 1 $53,000.00 $53,000.00 0.00 $0.00 1.00 $53,000.00 35 LS 1 $28,000.00 $28,000.00 0.00 $0.00 1.00 $28,000.00 36 EA 3 $750.00 $2,250.00 0.00 $0.00 3.00 $2,250.00 37 EA 2 $1,650.00 $3,300.00 0.00 $0.00 2.00 $3,300.00 38 LF 60 $44.00 $2,640.00 ‐14.00 ‐$616.00 46.00 $2,024.00 39 LF 20 $20.00 $400.00 ‐20.00 ‐$400.00 0.00 $0.00 40 LF 32 $47.00 $1,504.00 0.00 $0.00 32.00 $1,504.00 41 EA 2 $1,064.00 $2,128.00 0.00 $0.00 2.00 $2,128.00 42 LF 120 $33.00 $3,960.00 ‐60.00 ‐$1,980.00 60.00 $1,980.00 43 EA 4 $350.00 $1,400.00 ‐2.00 ‐$700.00 2.00 $700.00 44 CY 6 $70.00 $420.00 0.00 $0.00 6.00 $420.00 45 LS 1 $5,000.00 $5,000.00 0.00 $0.00 1.00 $5,000.00 46 SY 450 $15.75 $7,087.50 57.00 $897.75 507.00 $7,985.25 47 CY 450 $35.00 $15,750.00 112.21 $3,927.35 562.21 $19,677.35 48 SY 130 $2.00 $260.00 ‐130.00 ‐$260.00 0.00 $0.00 49 CY 125 $12.00 $1,500.00 ‐35.04 ‐$420.48 89.96 $1,079.52 50 TON 700 $20.00 $14,000.00 612.00 $12,240.00 1,312.00 $26,240.00 51 TON 450 $89.00 $40,050.00 85.00 $7,565.00 535.00 $47,615.00 52 LF 80 $37.00 $2,960.00 10.00 $370.00 90.00 $3,330.00 53 SF 130 $10.50 $1,365.00 ‐65.00 ‐$682.50 65.00 $682.50 54 EA 1 $800.00 $800.00 ‐0.75 ‐$600.00 0.25 $200.00 55 SF 12 $51.00 $612.00 ‐12.00 ‐$612.00 0.00 $0.00 56 EA 1 $500.00 $500.00 0.00 $0.00 1.00 $500.00 57 EA 1 $350.00 $350.00 1.00 $350.00 2.00 $700.00 58 LF 1 $1,000.00 $1,000.00 0.00 $0.00 1.00 $1,000.00 59 EA 1 $360.00 $360.00 0.00 $0.00 1.00 $360.00 60 SF 9 $55.00 $495.00 0.00 $0.00 9.00 $495.00 61 EA 6 $100.00 $600.00 0.00 $0.00 6.00 $600.00 62 LF 1,000 $1.26 $1,260.00 553.00 $696.78 1,553.00 $1,956.78 63 EA 2 $500.00 $1,000.00 0.00 $0.00 2.00 $1,000.00 64 HR 5 $140.00 $700.00 4.00 $560.00 9.00 $1,260.00 65 SY 6,600 $1.74 $11,484.00 490.00 $852.60 7,090.00 $12,336.60 66 SY 100 $2.60 $260.00 ‐100.00 ‐$260.00 0.00 $0.00 67 AC 1.3 $210.00 $273.00 0.06 $12.60 1.36 $285.60 68 EA 5 $180.00 $900.00 ‐5.00 ‐$900.00 0.00 $0.00 69 EA 7 $52.00 $364.00 ‐1.00 ‐$52.00 6.00 $312.00 70 LF 200 $3.15 $630.00 ‐200.00 ‐$630.00 0.00 $0.00 TOTALS ‐ BASE CONTRACT $809,129.70 $35,992.80 $845,122.50 INLET PROTECTION DITCH CHECK 4" SOLID LINE WHITE EPOXY PAVEMENT MESSAGE, RIGHT TURN ARROW THERMOPLASTIC (GROUND IN) STREET SWEEPING EROSION CONTROL BLANKET TEMPORARY HYDROMULCH SEEDING ADJUST GATE VALVE BOX HYDRANT EXTENSION EXTEND VALVE BOX SIGN PANEL, TYPE C OFF ROAD STRUCTURE MARKER B618 CONCRETE CURB AND GUTTER 4" CONCRETE MEDIAN 6" CONCRETE PEDESTRIAN RAMP TRUNCATED DOME PANELS ADJUST MANHOLE CASTING COMMON EXCAVATION (DRIVEWAY AND STREET PATCHES) GEOTEXTILE FOR ROAD STABILIZATION SELECT GRANULAR BORROW AGGREGATE BASE, CLASS 6 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) 18" CM DRIVEWAY CULVERT 18" CM APRON RIPRAP CLASS III LIFT STATION SITE GRADING BITUMINOUS DRIVEWAY PAVEMENT (LIFT STATION) SALVAGE AND REINSTALL STORM SEWER STRUCTURE SALVAGE AND REINSTALL STORM SEWER PIPE PERFORATED PVC EDGE DRAIN 18" RCP STORM SEWER, CLASS V 18" RCP FLARED END SECTION WITH TRASH GUARD TELEVISING LIFT STATION STANDBY GENERATOR BYPASS PUMPING SALVAGE AND REINSTALL APRON 4' DIAMETER SANITARY SEWER MANHOLE 4' DIAMETER EXCESS MANHOLE DEPTH MANHOLE LINER REMOVAL OF UNSTABLE FOUNDATION MATERIAL ROCK FOUNDATION BORROW 15" PVC, SDR 35 SANITARY SEWER PIPE, 15' ‐ 20' DEEP 16" PVC, C900 SANITARY SEWER PIPE, 0' ‐ 10' DEEP 16" DIP, CL 50 SANITARY SEWER PIPE, 0' ‐ 10' DEEP 16" SANITARY SEWER OUTSIDE DROP 15" X 6" WYE BRANCH REVISED CONTRACT AMOUNT REMOVE AND DISPOSE OF EXISTING SANITARY SEWER MANHOLE REMOVE AND DISPOSE OF EXISTING EDGE DRAIN REMOVE AND DISPOSE OF EXISTING SIGN SALVAGE AND REINSTALL MAILBOX ITEM DESCRIPTION OF PAY ITEM UNIT CHANGE ORDER NO. 3 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT ORIGINAL CONTRACT CONNECT TO EXISTING SANITARY SEWER SERVICE MOBILIZATION TRAFFIC CONTROL PRECAST CONCRETE JERSEY BARRIERS SILT FENCE CONNECT EXISTING PIPE TO NEW MANHOLE TREE REMOVAL REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT REMOVE AND DISPOSE OF EXISTING CONCRETE CURB AND GUTTER REMOVE AND DISPOSE OF EXISTING GUARDRAIL REMOVE AND DISPOSE OF EXISTING SANITARY SEWER PIPE SAWING BITUMINOUS PAVEMENT CORE DRILL CONNECTION TO EXISTING STRUCTURE SALVAGE AND REINSTALL SIGN 15" PVC, SDR 35 SANITARY SEWER PIPE, 0' ‐ 10' DEEP 15" PVC, SDR 35 SANITARY SEWER PIPE, 10' ‐ 15' DEEP CHANGE ORDER NO. 1 CO1‐1 EA 3 5,951.24$ $17,853.72 0 $0.00 3 $17,853.72 TOTALS ‐ CHANGE ORDER NO. 1 $17,853.72 $0.00 $17,853.72 CHANGE ORDER NO. 3 CO3‐1 LS 9,400.00$ $0.00 1.00 $9,400.00 1.00 $9,400.00 CO3‐2 LS 3,900.00$ $0.00 1.00 $3,900.00 1.00 $3,900.00 CO3‐3 LF 4.60$ $0.00 200.00 $920.00 200.00 $920.00 CO3‐4 TN 30.00$ $0.00 14.00 $420.00 14.00 $420.00 CO3‐5 TN 22.00$ $0.00 40.00 $880.00 40.00 $880.00 CO3‐6 CY 52.00$ $0.00 10.00 $520.00 10.00 $520.00 CO3‐7 CY 42.00$ $0.00 80.00 $3,360.00 80.00 $3,360.00 CO3‐8 CY 34.00$ $0.00 24.00 $816.00 24.00 $816.00 CO3‐9 LS 1,800.00$ $0.00 1.00 $1,800.00 1.00 $1,800.00 CO3‐10 AC 4,500.00$ $0.00 0.20 $900.00 0.20 $900.00 CO3‐11 LS 1,635.00$ $0.00 1.00 $1,635.00 1.00 $1,635.00 CO3‐12 LS 1,795.00$ $0.00 1.00 $1,795.00 1.00 $1,795.00 TOTALS ‐ CHANGE ORDER NO. 3 $0.00 $26,346.00 $26,346.00 TOTALS ‐ CHANGE ORDER NO. 3 $62,338.80 $889,322.22 ADD 2' SECTION COMMON EXCAVATION (SHOULDER / TURN LANE) TOPSOIL STRIPING SEEDING ADD 1' SECTION AGGREGATE BASE, CLASS 6 (SHOULDER / TURN LANE) COMMON EXCAVATION (LIFT STATION SITE) REVISE PUMP DESIGN MOBILIZATION TRAFFIC CONTROL REMOVE PAVEMENT MARKING AGGREGATE BASE CLASS 5 (LIFT STATION SITE) STAFF REPORT DATE: June 19, 2018 CONSENT ITEM # 11 AGENDA ITEM: Eagle Point Blvd Street Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director Sarah Sonsalla, City Attorney Ryan Stempski, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council call a final assessment hearing for the Eagle Point Boulevard Street Improvements project to be held on July 17, 2018? BACKGROUND: The Eagle Point Boulevard Street Improvements project had a final completion date of February 7, 2017. All project costs have been accounted for and are summarized below. This project is to be 100% assessed by the benefitting properties due to the area being within a commercial district. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties and Call the Hearing on the Proposed Assessment for these improvements. The Assessment Hearing is proposed for July 17, 2018. The Final Assessment Roll must be certified to the County Auditor by November 30, 2018. The estimated total project cost, at completion, is $1,344,000; down from the feasibility report cost of $1,351,000. The final assessments have been calculated based on the estimated final project costs. The attached final assessment roll details the proposed assessment for each parcel. Assessments are being levied over 10 years at the rate of 4.30 percent for this project. FISCAL IMPACT: The total project cost is $1,344,000 with $1,182,900 paid through special assessments, $99,000 paid directly by Inwood 10, LLC for sanitary sewer improvements, and the remaining $62,100 paid through the Water Enterprise Fund. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a resolution declaring the total street improvement costs to be assessed to be $1,182,900, ordering the preparation of the proposed assessments, and Calling for the Hearing on the proposed Assessments for July 17, 2018 at or around 7:00 pm. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Resolution No. 2018-069; A Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the Eagle Point Boulevard Street Improvements.” ATTACHMENTS: 1. Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-069 A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENTS, AND CALLING HEARING ON PROPOSED ASSESSMENT FOR THE EAGLE POINT BLVD – STREET IMPROVEMENTS WHEREAS, estimated total project costs have been calculated for the Eagle Point Boulevard Street Improvements; and WHEREAS, the total cost of the improvements will be $1,344,000. WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, BE IT RESOLVED, 1. The portion of the cost of such street improvements to be assessed against benefited properties is hereby declared to be $1,182,900, and the portion of the cost to be paid by the City is $161,100. 2. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 3. Assessments shall be payable in equal annual installments extending over 10 years for street improvements, the first of the installments to be payable on or before the first Monday in January, 2019, and shall bear interest at the rate of 4.30 percent per annum from the date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 17th day of July, 2018, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF JUNE, 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT EAGLE POINT BLVD – STREET IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, July 17, 2018, to consider, and possibly adopt, the proposed assessment against benefitting property for the Eagle Point Boulevard Street Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: • Street improvements completed along Eagle Point Boulevard from Inwood Avenue to Hudson Boulevard and consisted of the reconstruction of the existing street with a sand subbase, draintile, new concrete curb and gutter and extension of the existing storm sewer system. You may at any time prior to certification of the assessment to the county auditor pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.30 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 10 years for street improvements, the first of the installments to be payable on or before the first Monday in January 2019, and will bear interest at the rate of 4.30 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed street improvement assessments is $1,182,900. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council may, in its discretion, defer the payment of this assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: June 19, 2018 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on June 27, 2018) CITY OF LAKE ELMO, MN JUNE 2018 STREET IMPROVEMENTS EAGLE POINT BOULEVARD FINAL ASSESSMENT ROLL AREA METHOD PAGE 1 OF 1 NO. NAME PID AREA (AC) AMOUNT 1 UNITED LAND LLC 3600 AMERICAN BLVD W #750 BLOOMINGTON MN 55431 3302921440009 11.68 168,500$ 2 DAKOTA UPREIT LP 8530 EAGLE POINT BLVD LAKE ELMO 55042 3003 32ND AVE S FARGO ND 58203 3302921420015 5.06 73,000$ 3 BREMER FINANCIAL SERVICES INC 8555 EAGLE POINT BLVD LAKE ELMO 55042 8555 EAGLE POINT BLVD LAKE ELMO MN 55042 3302921410054 25.69 370,500$ 4 BREMER FINANCIAL SERVICES INC 8555 EAGLE POINT BLVD LAKE ELMO MN 55042 3302921420007 1.47 21,200$ 5 NORTHEASTERN METROPOLITAN ISD #916 8568 EAGLE POINT BLVD N LAKE ELMO 55042 2540 COUNTY ROAD F E WHITE BEAR LAKE MN 55110 3302921420019 19.49 281,100$ 6 DANATE PROP INV I LLC 8519 EAGLE POINT BLVD LAKE ELMO 55042 1590 MEADOW VIEW TR S HASTINGS MN 55033 3302921420008 3.82 55,100$ 7 EAGLE POINT MEDICAL BUILDING LLC 8515 EAGLE POINT BLVD LAKE ELMO 55042 222 S 9TH ST #3255 MINNEAPOLIS MN 55402 3302921420014 3.77 54,400$ 8 DAKOTA UPREIT LP 8550 HUDSON BLVD N LAKE ELMO 55042 3003 32ND AVE S FARGO ND 58203 3302921420012 3.69 53,300$ 9 RPSLEGACYDESOTO LLC 2935 COUNTY DR LITTLE CANADA MN 55117 3302921420017 0.45 6,500$ 10 RPSLEGACYDESOTO LLC 2935 COUNTY DR LITTLE CANADA MN 55117 3302921420018 0.43 6,300$ 11 DOMINUS PROPERTIES LLC 8687 EAGLE POINT BLVD LAKE ELMO 55042 2500 EAGLE VALLEY DR WOODBURY MN 55129 3302921440012 0.27 4,000$ 12 C&G PROPERTIES LLC 8685 EAGLE POINT BLVD N LAKE ELMO 55042 16220 53RD AVE N PLYMOUTH MN 55446 3302921440013 0.27 4,000$ 13 LAW SPACE LLC 8681 EAGLE POINT BLVD N LAKE ELMO 55042 8681 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440014 0.27 4,000$ 14 LAW SPACE LLC 8679 EAGLE POINT BLVD N LAKE ELMO 55042 8681 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440015 0.23 3,300$ 15 ZYWIEC JOSEPH J & DEBORAH A 8677 EAGLE POINT BLVD N LAKE ELMO 55042 7980 113TH ST S COTTAGE GROVE MN 55016 3302921440016 0.27 4,000$ 16 ZYWIEC JOSEPH J 8673 EAGLE POINT BLVD N LAKE ELMO 55042 9471 JEFFERY AVE S COTTAGE GROVE MN 55016 3302921440017 0.32 4,600$ 17 BACHMANN CLINIC PROPERTY 8671 EAGLE POINT BLVD N LAKE ELMO 55042 8669 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440018 0.23 3,300$ 18 BACHMANN CLINIC PROPERTY 8669 EAGLE POINT BLVD N LAKE ELMO 55042 8669 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440019 0.32 4,600$ 19 JTZ LLC & TMZ LLC 8665 EAGLE POINT BLVD N LAKE ELMO 55042 8665 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440020 0.27 4,000$ 20 P & R PROPERTIES LLC 8663 EAGLE POINT BLVD N LAKE ELMO 55042 8661 EAGLE POINT BLVD LAKE ELMO MN 55042 3302921440021 0.23 3,300$ 21 P & R PROPERTIES LLC 8661 EAGLE POINT BLVD N LAKE ELMO 55043 8661 EAGLE POINT BLVD LAKE ELMO MN 55042 3302921440022 0.27 4,000$ 22 MILES LLC 8657 EAGLE POINT BLVD N LAKE ELMO 55042 8657 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440023 0.27 4,000$ 23 EJM PROPERTIES LLC 8655 EAGLE POINT BLVD N LAKE ELMO 55042 8653 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440024 0.23 3,300$ 24 EJM PROPERTIES LLC 8653 EAGLE POINT BLVD N LAKE ELMO 55042 8653 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440025 0.27 4,000$ 25 JTAAA PROPERTIES LLC 8649 EAGLE POINT BLVD N LAKE ELMO 55042 8649 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440026 0.27 4,000$ 26 JTAAA PROPERTIES LLC 8647 EAGLE POINT BLVD N LAKE ELMO 55042 8649 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440027 0.23 3,300$ 27 GIGUERE ROBIN M 8645 EAGLE POINT BLVD N LAKE ELMO 55042 1101 PARIS AVE N WEST LAKELAND MN 55082 3302921440028 0.27 4,000$ 28 JTZ LLC & TMZ LLC 8615 EAGLE POINT BLVD N LAKE ELMO 55042 8665 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440029 0.27 4,000$ 29 LEE EDWARD CASEY TRS 8617 EAGLE POINT BLVD N LAKE ELMO 55042 1251 SILVERWOOD RD WOODBURY MN 55125 3302921440030 0.27 4,000$ 30 D GETSCH LLC 8621 EAGLE POINT BLVD N LAKE ELMO 55042 11711 ASTER WAY WOODBURY MN 55129 3302921440031 0.27 4,000$ 31 LEGACY ASSET PROPERTIES 8623 EAGLE POINT BLVD N LAKE ELMO 55042 8623 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440032 0.23 3,300$ 32 SCHNY ZONE LLC 8625 EAGLE POINT BLVD N LAKE ELMO 55042 8625 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440033 0.27 4,000$ 33 LUCIA INVESTMENTS LLC 8631 EAGLE POINT BLVD N LAKE ELMO 55042 8631 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440034 0.27 4,000$ 34 LUCIA INVESTMENTS LLC 8633 EAGLE POINT BLVD N LAKE ELMO 55042 8631 EAGLE POINT BLVD N LAKE ELMO MN 55042 3302921440035 0.27 4,000$ TOTAL 81.86 1,182,900$ ADDRESS MAILING ADDRESS STAFF REPORT DATE: June 19, 2018 CONSENT ITEM #: 12 AGENDA ITEM: Lake Elmo Avenue (CSAH17) Phase 3 Pavement and Drainage Improvements – Resolution Approving Cooperative Cost Share and Maintenance Agreements, and Resolution Establishing No On-Street Parking Zones along CSAH 17 SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Assistance City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve the Cost Share and Maintenance Cooperative Agreements with Washington County for the Lake Elmo Avenue (CSAH17) Phase 3 Pavement and Drainage Improvements and approve a Resolution establishing No On-Street Parking Zones? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: At the April 3, 2018 council meeting the City Council approved Resolution No. 2018-035 providing City support for the preliminary design layout for the Lake Elmo Avenue (CSAH17) Phase 3 Pavement and Drainage Improvements. With this approval the County proceeded with the final project design and property acquisition and is preparing to receive contractor bids for construction in 2018. The Lake Elmo Avenue (CSAH17) Phase 3 Pavement and Drainage Improvements includes a full-depth reclaim pavement rehabilitation from I-94 to 20th Street, including the construction of new turn lanes at 5th Street North (Hunters Crossing & Southwind developments), at 24th Street North (new entrance for Royal Golf), and along CSAH 10 at the new Royal Golf entrance. Between 20th Street North and 30th Street North, the improvements will also include a full-depth reclaim pavement rehabilitation, however new concrete curb and gutter will be installed to replace existing bituminous curb along the east side and to replace a rural section shoulder along the west side. Stormwater runoff will be captured and conveyed by the new concrete cub and gutter to various sump manholes to pretreat the storm water runoff prior to discharging to Lake Elmo. The purpose for the Cooperative Agreements are to outline the cost participation requirements by the City and to address the respective ownership and maintenance responsibilities for the new improvements. Key elements of the agreements are as follows: • The County shall be responsible for implementing the project including design and construction. • The estimated cost share participation by Lake Elmo is $730,731.82. These costs are based on estimated quantities. See cost breakdown below under Fiscal Impacts. • The agreement includes a payment schedule with three City payments. 1) 10% of City cost share due upon the bid award (June/July of 2018). 2) 50% of City cost share due February 1, 2019. 3) 50% of City cost share due February 1, 2020. • There are no new maintenance responsibilities for the City. The City currently owns and operates a trunk watermain, gravity sanitary sewer main and sanitary sewer forcemain with County right- of-way. The Cooperative Maintenance Agreement specifies that the City shall own and maintain, under this project, the municipal utilities, including sanitary sewer, forcemain, and water main, and all permanent roadway signing on City roads. • The County will be responsible for the maint enance for all other improvements including the storm sewer trunk line, catch basins and sump manholes. In addition, the improvements being proposed by Washington County include street sections along Lake Elmo Avenue (CSAH 17) that do not accommodate on-street parking between 10th Street North and 20th Street North, and only accommodate on-street parking along the east side between 20th Street North and 30th Street North. State Aid rules require a council resolution establishing no parking zones before State Aid funds may be expended on the improvement. Parking will be prohibited along both sides of Lake Elmo Avenue (CSAH 17) from 10th Street North to 20th Street North and along the west side of Lake Elmo Avenue (CSAH 17) from 20th Street North to 576-feet south of 30th Street North. FISCAL IMPACT: The estimated cost share participation by Lake Elmo is $730,731.82. Because the agreement is based on estimated quantities, the actual cost share is determined once the project is complete and the final quantities and costs are known. CSAH 10 Turn Lane (Royal Golf Club): $371,431.56 To be reimbursed by Royal Golf. CSAH 17 Turn Lane (Royal Golf Club): $240,424.46 To be reimbursed by Royal Golf. CSAH 17 Turn Lane at 5th Street: $ 50,000.00 $50,000 received Southwind/Hunters Crossing. CSAH 17 Street & Drainage Cost Share: $ 55,660.50 Includes 10% VBWD grant contribution. City Utilities Cost Share: $ 13,215.30 Watermain/Sewer Forcemain Adjustments City cost participation is based on 50% cost share for the west side concrete curb and gutter between 20th Street and 30th Street, miscellaneous project overhead costs, and 55% cost share for right-of-way costs. In addition, the County will require cost reimbursement from the City for turn lanes at 5th Street North (Hunters Crossing/Southwind), 24th Street North (Royal Golf), and along CSAH 10 (Royal Golf). The City has included language in the respective development agreements to obtain turn lane cost reimbursement. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the Cost Share and Maintenance Cooperative Agreements with Washington County for the Lake Elmo Avenue (CSAH17) Phase 3 Pavement and Drainage Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Resolution No. 2018-067 approving Cooperative Cost Share Agreement 11802 and Cooperative Maintenance Agreement 11803 for the Lake Elmo Avenue (CSAH17) Phase 3 Pavement and Drainage Improvements.” Staff is further recommending, as part of the Consent Agenda, that the City Council approve a resolution establishing No On-Street Parking Zones along the project corridor. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Resolution No. 2018-068 establishing a No On-Street Parking Zone along both sides of Lake Elmo Avenue (CSAH 17) from 10th Street North to 20th Street North, and along the west side of Lake Elmo Avenue (CSAH 17) from 20th Street North to 576-feet south of 30th Street North.” ATTACHMENTS: 1. Resolution Approving Cooperative Agreements for Lake Elmo Avenue (CSAH17) Phase 3 Pavement and Drainage Improvements. 2. Resolution Establishing No On-Street Parking Zones along Lake Elmo Avenue (CSAH17). 3. Cooperative Agreement 11802 for Cost Sharing. 4. Cooperative Maintenance Agreement 11803. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-067 A RESOLUTION APPROVING COOPERATIVE AGREEMENTS WITH WASHINGTON COUNTY FOR THE LAKE ELMO AVENUE (CSAH 17) PHASE 3 PAVEMENT AND DRAINAGE IMPROVEMENTS WHEREAS, Washington County intends to make pavement and drainage improvements along Lake Elmo Avenue (CSAH 17) from I-94 to 300’ south of 30th Street (‘Project’), located in the City of Lake Elmo; and WHEREAS, items included in the project require City cost participation in general accordance with “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the project cost sharing and on-going maintenance of the items constructed by the Project; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW, THEREFORE, BE IT RESOLVED, 1. That Cooperative Agreement 11802, between the City of Lake Elmo and Washington County, is hereby approved and the Mayor and City Administrator are hereby authorized to execute the agreement on behalf of the City of Lake Elmo. 2. That Cooperative Maintenance Agreement 11803, between the City of Lake Elmo and Washington County is hereby approved and the Mayor and City Administrator are hereby authorized execute the agreement on behalf of the City of Lake Elmo. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETHEENTH DAY OF JUNE 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-068 A RESOLUTION ESTABLISHING A NO ON-STREET PARKING ZONE ON BOTH SIDES OF COUNTY STATE AID HIGHWAY (CSAH) NO. 17 (LAKE ELMO AVENUE) FROM 10TH STREET NORTH (CSAH 10) TO 20TH STREET NORTH AND THE WEST SIDE OF CSAH NO. 17 FROM 20th STREET NORTH TO 576-FEET SOUTH OF 30TH STREET NORTH WHEREAS, Washington County has planned improvements for Lake Elmo Avenue (CSAH 17) from I-94 to 576’ south of 30th Street (‘Project’), located in the City of Lake Elmo; and WHEREAS, Lake Elmo Avenue north of 10th Street North (CSAH 10) is designated as a County State Aid Highway; and WHEREAS, Washington County will be expending State Aid Funds for the improvements on Lake Elmo Avenue (CSAH 17); and WHEREAS, these improvements do not provide adequate width for parking; and approval of the proposed construction as a State Aid project must therefore be conditioned upon certain restrictions; and WHEREAS, Washington County has determined that no on-street parking shall be allowed along both sides of Lake Elmo Avenue (CSAH 17) from 10th Street North to 20th Street North and the west side of Lake Elmo Avenue (CSAH 17) from 20th Street North to 576-feet south of 30th Street North; and WHEREAS, The City Council has authority to establish No Parking Zones. NOW, THEREFORE, BE IT RESOLVED, by the City Council that no on-street parking be allowed along both sides of Lake Elmo Avenue (CSAH 17) from 10th Street North to 20th Street North and the west side of Lake Elmo Avenue (CSAH 17) from 20th Street North to 576-feet south of 30th Street in the City of Lake Elmo. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETHEENTH DAY OF JUNE 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk Page 1 of 5 COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY FOR CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY (CSAH) 17 FROM I-94 TO 300’ SOUTH OF 30TH STREET AND COUNTY STATE AID HIGHWAY (CSAH) 10 FROM to 2200’ EAST OF CSAH 15 TO 700’ EAST OF CSAH 15 THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County.” WITNESSETH: WHEREAS, the County intends to construct County State Aid Highway (CSAH) 17 from I-94 to 300’ south of 30th Street; and WHEREAS, the County intends to construct County State Aid Highway (CSAH) 10 from 2200’ east of County State Aid Highway (CSAH) 15 to 700’ east of County State Aid Highway (CSAH) 15; and WHEREAS, items included in the project require City cost participation in accordance with “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”; and WHEREAS, the County desires to use local funds and State Aid for these improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement, Exhibit A (Location Map) and Exhibit B (Estimated Construction Cost and Cost Splits). B. PLANS AND SPECIFICATION PREPARATION 1. The County shall be responsible for the preparation of all the plans and specifications for the project, including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for all County and City components of this project. 2. The following County project numbers have been assigned to the project: SAP 082-617-011 (CSAH 17) AND 082-610-016 (CSAH 10). C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent rights of way, permanent easements, and temporary slope easements, which will be acquired in the name of the County. WASHINGTON COUNTY CONTRACT NO. 11802 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE – END OF PROJECT Page 2 of 5 D. ADVERTISEMENT AND AWARD OF CONTRACT After plans and specifications have been approved by the County, all permits and approvals obtained, and acquisition of necessary rights-of-way and easements, the County shall advertise for construction bids Once bids are received, the City will be given the opportunity to review and evaluate the bid and provide City Council concurrence on the approval of the bids. Once City concurrence is provided, the County shall award the contract to the lowest responsible bidder. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS The City’s cost participation is set forth in Table 1 and is broken down into four categories which are: 1) Construction; 2) Design Engineering; 3) Construction Engineering/Contract Administration; 4) Right of Way. The cost participation breakdown is based on “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”. 1. Construction Construction costs shall be the cost to construct the project. The County has prepared a statement of estimated quantities and cost splits hereto attached as Exhibit B. The City shall pay to the County its share of the total cost as shown in Exhibit B and set forth in Table 1. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual contractor’s unit prices. 2. Design Engineering Design engineering costs shall be professional design engineering services, project coordination, preparation of plans and specification, stakeholder engagement, geotechnical studies, and other administrative functions necessary for the project. Based on the City’s share of the construction cost, the City shall pay the prorated cost of design engineering for the entire project as set forth in Table 1. 3. Construction Engineering/Contract Administration Construction engineering/contract administration costs shall be construction observation, construction testing, construction administration, staking, conducting and recording the pre-bid, pre-construction and weekly construction meetings, reviewing monthly pay estimates, labor compliance, and other administrative functions necessary for the project. Construction engineering/contract administration is 8% of the construction cost. Based on the City’s share of the construction cost, the City shall pay the prorated cost of construction engineering/contract administration as set forth in Table 1. 4. Right of Way Right of Way costs shall be permanent right-of-way, permanent utility and/or drainage easements, temporary easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, and condemnation commissioner costs. If applicable, the City shall pay their share of the final right of way cost. The estimated amount is set forth in Table 1. Page 3 of 5 5. The costs and shares attributable to the City and payable to the County as shown in Table 1 are merely estimated and a final reconciliation of costs as set forth in Section G below shall be done at the end of the project. Actual City costs and shares are based on the following: a. Construction shall be based on the contractor's unit prices and final quantities at project completion including all contract changes. b. Design engineering shall be based on the contractor’s unit prices at the time of contract award. c. Construction engineering/contract administration shall be based on the contractor’s unit prices at the time of contract award. d. Right of way shall be based on the final costs to acquire right of way. G. PAYMENT 1. Right of way, preliminary design, final design, construction inspection/administration and construction costs for the City’s cost share shall be invoiced by the County to the City with no interest. The payment due dates are presented on Table 2. TABLE 2 – PAYMENT DUE DATES Date Percentage Estimated Payment Bid Award 10% of Estimated Total City Cost $73,073.18 February 1, 2019 50% of Estimated Total City Cost $365,365.91 February 1, 2020 Remaining Estimated Total City Cost $292,292.73 2. In the event that the City paid more in advance than the actual cost of the City’s portion of the project, the County shall refund without interest the amount to the City. 3. The City shall pay 100 percent of an undisputed invoice amount within thirty (30) days of receipt. H. CONTRACT CHANGES Any modifications or additions to the final approved plans and/or specifications of the project shall be made part of the construction contract through a written amendment to the construction contract and the cost for such changes shall be appropriated as set forth in Section F. of this Agreement. I. LIQUIDATED DAMAGES Any liquidated damages assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages. TABLE 1 – ESTIMATED COSTS City of Lake Elmo Cost Summary ITEM TOTAL COST CITY SHARE CITY COST Construction $2,569,657.25 23.35% $599,936.96 Design Engineering $357,500 23.35% $83,476.25 Construction Engineering/Contract Administration $205,572.58 23.35% $48,001.20 Right of Way $10,000 55% $5,500 VBWD Grant ($6,182.59) 100% ($6,182.59) TOTAL ESTIMATED COST $3,136,547.24 $730,731.82 Page 4 of 5 J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through special assessment of County property on County-owned property. K. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County. M. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). N. DATA PRACTICES All data collected, created, received, maintained, disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 5 of 5 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Molly O’Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date EXHIBIT B EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST 2021.501 MOBILIZATION LUMP SUM $135,000.00 1 $135,000.00 0.41 $55,350.00 0.14 $18,900.00 0.02 $2,700.00 0.25 $33,750.00 0.08 $10,800.00 0.10 $13,500.00 2031.502 FIELD OFFICE TYPE D LUMP SUM $25,000.00 1 $25,000.00 0.41 $10,250.00 0.14 $3,500.00 0.02 $500.00 0.25 $6,250.00 0.08 $2,000.00 0.10 $2,500.00 2101.505 CLEARING ACRE $3,500.00 0.22 $770.00 0.12 $420.00 0.05 $175.00 0.05 $175.00 2101.505 CLEARING TREE $300.00 10 $3,000.00 9 $2,700.00 1 $300.00 2101.524 GRUBBING ACRE $500.00 0.22 $110.00 0.12 $60.00 0.05 $25.00 0.05 $25.00 2101.524 GRUBBING TREE $250.00 10 $2,500.00 9 $2,250.00 1 $250.00 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH $450.00 5 $2,250.00 5 $2,250.00 2104.502 REMOVE SIGN TYPE C EACH $40.00 58 $2,320.00 29 $1,160.00 26 $1,040.00 3 $120.00 2104.502 REMOVE SIGN TYPE SPECIAL EACH $50.00 3 $150.00 3 $150.00 2104.502 REMOVE ENERGY ABSORBING TERMINAL EACH $300.00 4 $1,200.00 4 $1,200.00 2104.502 SALVAGE SIGN PANEL TYPE C EACH $35.00 2 $70.00 2 $70.00 2104.503 REMOVE BITUMINOUS CURB LIN FT $1.00 4998 $4,998.00 4998 $4,998.00 2104.502 REMOVE GUARDRAIL LIN FT $8.00 551 $4,408.00 551 $4,408.00 2104.503 REMOVE PIPE CULVERTS LIN FT $11.00 655 $7,205.00 351 $3,861.00 304 $3,344.00 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT $5.00 75 $375.00 75 $375.00 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT $3.00 5595 $16,785.00 418 $1,254.00 210 $630.00 1913 $5,739.00 3054 $9,162.00 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD $6.75 67 $452.25 67 $452.25 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD $5.00 268 $1,340.00 268 $1,340.00 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD $2.00 26101 $52,202.00 21911 $43,822.00 1212 $2,424.00 2978 $5,956.00 2104.601 HAUL SALVAGED MATERIAL LUMP SUM $1,500.00 1 $1,500.00 1 $1,500.00 2401.601 REMOVE AND HAUL TREATED WOOD LUMP SUM $3,000.00 1 $3,000.00 1 $3,000.00 2106.507 EXCAVATION - COMMON CU YD $10.00 7425 $74,250.00 2797 $27,970.00 1212 $12,120.00 1935 $19,350.00 1481 $14,810.00 2106.507 EXCAVATION - SUBGRADE CU YD $10.00 2476 $24,760.00 654 $6,540.00 1822 $18,220.00 2106.507 GRANULAR EMBANKMENT (CV)CU YD $23.00 88 $2,024.00 44 $1,012.00 44 $1,012.00 2106.507 SELECT GRANULAR EMBANKMENT CU YD $23.00 3648 $83,904.00 1408 $32,384.00 2240 $51,520.00 2106.507 COMMON EMBANKMENT (CV)CU YD $7.00 9282 $64,974.00 1469 $10,283.00 2796 $19,572.00 3690 $25,830.00 1327 $9,289.00 2106.607 EXCAVATION - SUBGRADE CORRECTION CU YD $10.00 88 $880.00 44 $440.00 44 $440.00 2118.507 AGGREGATE SURFACING (CV) CLASS 1 MOD CU YD $30.00 533 $15,990.00 11 $330.00 358 $10,740.00 164 $4,920.00 2118.609 AGGREGATE SURFACING SPECIAL TON $28.00 54 $1,512.00 54 $1,512.00 2123.601 UTILITY PROTECTION LUMP SUM $5,000.00 1 $5,000.00 0.41 $2,050.00 0.14 $700.00 0.02 $100.00 0.25 $1,250.00 0.08 $400.00 0.10 $500.00 2123.610 TRACTOR MOUNTED BACKHOE HOUR $110.00 20 $2,200.00 20 $2,200.00 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR $140.00 250 $35,000.00 125 $17,500.00 75 $10,500.00 25 $3,500.00 25 $3,500.00 2130.523 WATER MGAL $20.00 700 $14,000.00 350 $7,000.00 210 $4,200.00 70 $1,400.00 70 $1,400.00 2131.601 DUST PALLIATIVE SQ YD $1.00 17927 $17,927.00 17927 $17,927.00 2211.507 AGGREGATE BASE (CV) CLASS 6 CU YD $25.00 7671 $191,775.00 5568 $139,200.00 716 $17,900.00 1387 $34,675.00 2215.604 FULL DEPTH RECLAMATION- MOD SQ YD $3.00 21298 $63,894.00 21298 $63,894.00 2231.509 BITUMINOUS PATCHING MIXTURE TON $84.00 1 $84.00 1 $84.00 2232.504 MILL BITUMINOUS SURFACE (2.0")SQ YD $1.00 4051 $4,051.00 4051 $4,051.00 2301.602 DRILL & GROUT REINF BAR (EPOXY COATED)EACH $20.00 8 $160.00 8 $160.00 2360.509 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C)TON $65.00 8937 $580,905.00 3089 $200,785.00 4211 $273,715.00 465 $30,225.00 1172 $76,180.00 2360.509 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C)TON $65.00 3231 $210,015.00 1052 $68,380.00 1805 $117,325.00 164 $10,660.00 210 $13,650.00 2411.607 CONCRETE STEPS CU YD $575.00 5 $2,875.00 5 $2,875.00 2451.507 FINE AGGREGATE BEDDING (LV)CU YD $30.00 258 $7,731.00 251 $7,530.00 7 $201.00 2451.507 FINE AGGREGATE BEDDING (CV)CU YD $35.00 294 $10,290.00 286 $10,010.00 8 $280.00 2501.502 15" RC PIPE APRON EACH $620.00 3 $1,860.00 3 $1,860.00 2501.502 18" RC PIPE APRON EACH $650.00 4 $2,600.00 2 $1,300.00 2 $1,300.00 2501.502 21" RC PIPE APRON EACH $680.00 2 $1,360.00 2 $1,360.00 2501.502 24" RC PIPE APRON EACH $700.00 1 $700.00 1 $700.00 2501.525 21" SPAN CAS PIPE-ARCH APRON EACH $115.00 1 $115.00 1 $115.00 2501.561 18" RC PIPE CULVERT DESIGN 3006 CLASS IV LIN FT $41.00 93 $3,813.00 93 $3,813.00 2503.503 15" RC PIPE SEWER DES 3006 CL V LIN FT $43.00 1691 $72,713.00 1691 $72,713.00 2503.503 18" RC PIPE SEWER DES 3006 CL III LIN FT $42.00 1408 $59,136.00 1408 $59,136.00 2503.503 18" RC PIPE SEWER DES 3006 CL IV LIN FT $39.00 10 $390.00 10 $390.00 2503.503 21" RC PIPE SEWER DES 3006 CL III LIN FT $40.00 380 $15,200.00 380 $15,200.00 2503.503 21" RC PIPE SEWER DES 3006 CL IV LIN FT $42.00 5 $210.00 5 $210.00 2503.503 24" RC PIPE SEWER DES 3006 CL III LIN FT $46.00 39 $1,794.00 39 $1,794.00 2503.503 24" RC PIPE SEWER DES 3006 CL IV LIN FT $50.00 14 $700.00 14 $700.00 2503.602 CONNECT TO INPLACE CULVERT EACH $850.00 1 $850.00 1 $850.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH $850.00 3 $2,550.00 3 $2,550.00 2503.603 CLEAN PIPE SEWER LIN FT $20.00 53 $1,060.00 53 $1,060.00 2503.604 4" INSULATION SQ YD $38.00 121 $4,598.00 114 $4,332.00 7 $266.00 2504.602 ADJUST HYDRANT EACH $2,500.00 4 $10,000.00 1 $2,500.00 2 $5,000.00 1 $2,500.00 2504.602 ADJUST GATE VALVE EACH $130.00 29 $3,770.00 14 $1,820.00 11 $1,430.00 4 $520.00 2504.602 ADJUST WATER MAIN OFFSET EACH $5,000.00 2506.502 CASTING ASSEMBLY EACH $700.00 59 $41,300.00 59 $41,300.00 2506.502 ADJUST FRAME & RING CASTING EACH $420.00 7 $2,940.00 3 $1,260.00 1 $420.00 2 $840.00 1 $420.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN H LIN FT $255.00 56 $14,280.00 56 $14,280.00 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT $315.00 215 $67,725.00 215 $67,725.00 CITY PW-010 CR 17B CITY UTILITIES 95% ENGINEER'S ESTIMATE CSAH 17 / CSAH 10 S.A.P. 082-617-011, S.A.P. 082-610-016 RECONDITIONING S.A.P. 082-617-011 S.A.P. 082-617-011 S.A.P. 082-610-016 CSAH10 TURN LANECSAH17 TURN LANE RECONSTRUCTION UNIT UNIT COST ROADWAY ITEM NO.ITEM DESCRIPTION TOTAL ESTIMATED COST DRAINAGE ROADWAY TOTAL ESTIMATED QUANTITY CITY UTILITIESCITY UTILITIES DRAINAGEROADWAY CSAH17 TURN LANE TO 5TH ST N EXHIBIT B EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST EST. QUANT.EST. COST CITY PW-010 CR 17B CITY UTILITIES 95% ENGINEER'S ESTIMATE CSAH 17 / CSAH 10 S.A.P. 082-617-011, S.A.P. 082-610-016 RECONDITIONING S.A.P. 082-617-011 S.A.P. 082-617-011 S.A.P. 082-610-016 CSAH10 TURN LANECSAH17 TURN LANE RECONSTRUCTION UNIT UNIT COST ROADWAY ITEM NO.ITEM DESCRIPTION TOTAL ESTIMATED COST DRAINAGE ROADWAY TOTAL ESTIMATED QUANTITY CITY UTILITIESCITY UTILITIES DRAINAGEROADWAY CSAH17 TURN LANE TO 5TH ST N 2506.503 CONST DRAINAGE STRUCTURE DES 60-4020 LIN FT $450.00 32 $14,400.00 32 $14,400.00 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT $565.00 6 $3,390.00 6 $3,390.00 2506.602 CONSTRUCT CONTROL STRUCTURE EACH $5,000.00 7 $35,000.00 7 $35,000.00 2511.504 GEOTEXTILE FILTER TYPE 4 SQ YD $3.50 186 $649.95 135 $472.50 51 $177.45 2511.507 RANDOM RIPRAP CLASS III CU YD $75.00 48 $3,607.50 35 $2,625.00 13 $982.50 2512.507 RANDOM RIPRAP CLASS IV CU YD $80.00 38 $3,040.00 30 $2,400.00 8 $640.00 2531.503 CONCRETE CURB & GUTTER DESIGN B424 LIN FT $16.00 9608 $153,728.00 7206 $115,296.00 2402 $38,432.00 2531.503 CONCRETE CURB & GUTTER - MANUAL PLACEMENT LIN FT $45.00 108 $4,860.00 108 $4,860.00 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SQ YD $55.00 284 $15,620.00 284 $15,620.00 2540.602 MAIL BOX SUPPORT EACH $175.00 25 $4,375.00 25 $4,375.00 2554.502 GUIDE POST TYPE B EACH $55.00 11 $605.00 8 $440.00 3 $165.00 2554.502 ANCHORAGE ASSEMBLY - PLATE BEAM EACH $700.00 2 $1,400.00 2 $1,400.00 2554.502 END TREATMENT- TANGENT TERMINAL EACH $2,400.00 2 $4,800.00 2 $4,800.00 2554.503 TRAFFIC BARRIER DESIGN TYPE 31 LIN FT $55.00 520 $28,600.00 520 $28,600.00 2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM $25,000.00 1 $25,000.00 0.41 $10,250.00 0.14 $3,500.00 0.02 $500.00 0.25 $6,250.00 0.08 $2,000.00 0.10 $2,500.00 2563.601 TRAFFIC CONTROL LUMP SUM $35,000.00 1 $35,000.00 0.41 $14,350.00 0.14 $4,900.00 0.02 $700.00 0.25 $8,750.00 0.08 $2,800.00 0.10 $3,500.00 2563.602 TYPE III BARRICADES EACH $300.00 1 $300.00 1 $300.00 2563.610 FLAGGER HOUR $90.00 20 $1,800.00 10 $900.00 10 $900.00 2563.618 CONSTRUCTION SIGN - SPECIAL SQ FT $65.00 13 $845.00 13 $845.00 2564.502 INSTALL SIGN PANEL TYPE C EACH $120.00 2 $240.00 2 $240.00 2564.518 SIGN PANELS TYPE C SQ FT $40.00 631 $25,240.00 264 $10,560.00 260 $10,400.00 33 $1,320.00 74 $2,960.00 2564.518 SIGN PANELS TYPE D SQ FT $40.00 91 $3,640.00 48 $1,920.00 43.00 $1,720.00 2564.518 SIGN PANELS TYPE SPECIAL SQ FT $65.00 48 $3,120.00 48 $3,120.00 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM $3,000.00 1 $3,000.00 1 $3,000.00 2573.502 STORM DRAIN INLET PROTECTION EACH $185.00 58 $10,730.00 58 $10,730.00 2573.502 CULVERT END CONTROLS EACH $250.00 6 $1,500.00 2 $500.00 4 $1,000.00 2573.503 SILT FENCE, TYPE MS LIN FT $2.25 12523 $28,176.75 4381 $9,857.25 4609 $10,370.25 3533 $7,949.25 2573.503 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT $3.00 9382 $28,146.00 4892 $14,676.00 2431 $7,293.00 2059 $6,177.00 2574.508 FERTILIZER TYPE 3 POUND $1.00 178 $178.00 155 $155.00 12 $12.00 11 $11.00 2574.508 FERTILIZER TYPE 4 POUND $1.00 361 $361.00 55 $55.00 225 $225.00 81 $81.00 2575.504 EROSION CONTROL BLANKETS CATEGORY 0 SQ YD $2.50 10242 $25,605.00 2773 $6,932.50 3496 $8,740.00 3973 $9,932.50 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N SQ YD $2.00 13103 $26,206.00 1613 $3,226.00 5584 $11,168.00 34 $68.00 5872 $11,744.00 2576.504 EROSION CONTROL BLANKETS CATEGORY 4N SQ YD $2.50 861 $2,152.50 183 $457.50 678 $1,695.00 2575.505 SEEDING ACRE $220.00 5 $1,157.23 1 $269.86 2 $428.23 1 $161.41 1 $297.73 2575.508 SEED MIXTURE 25-121 POUND $4.00 53 $212.00 47 $188.00 3 $12.00 3 $12.00 2575.508 SEED MIXTURE 33-261 POUND $26.00 154 $4,004.00 17 $442.00 66 $1,716.00 24 $624.00 47 $1,222.00 2582.503 4" SOLID LINE MULTI-COMPONENT LIQUID GROUND IN (WR)LIN FT $0.35 25255 $8,839.25 10900 $3,815.00 11205 $3,921.75 1000 $350.00 2150 $752.50 2582.503 6" SOLID LINE MULTI-COMPONENT LIQUID GROUND IN (WR)LIN FT $0.60 2505 $1,503.00 1230 $738.00 1275 $765.00 2582.503 24" SOLID MULTI-COMPONENT GROUND IN (WR)LIN FT $12.00 1060 $12,720.00 640 $7,680.00 420 $5,040.00 2582.503 4" BROKEN LINE MULTI-COMPONENT LIQUID GROUND IN (WR)LIN FT $0.60 40 $24.00 40 $24.00 2582.503 4" DOUBLE SOLID LINE MULTI-COMPONENT GROUND IN (WR)LIN FT $1.25 8775 $10,968.75 1625 $2,031.25 4100 $5,125.00 3050 $3,812.50 2582.518 PAVEMENT MESSAGE - PREFORM THERMOPLASTIC GROUND IN SQ FT $30.00 180 $5,400.00 60 $1,800.00 60 $1,800.00 60 $1,800.00 TURN LANE LUMP SUM $41,013.07 1 $41,013.07 1 $41,013.07 1.00 $357,500.00 0.34055 $121,744.86 0.15262 $54,561.15 0.01798 $6,427.79 0.00114 $406.24 0.26978 $96,447.27 0.00358 $1,281.32 0.07675 $27,436.69 0.00211 $754.05 0.11856 $42,386.93 0.00097 $347.81 0.01596 $5,705.89 1.00 $205,572.58 0.34055 $70,006.73 0.15262 $31,374.20 0.01798 $3,696.16 0.00114 $233.60 0.26978 $55,459.90 0.00358 $736.80 0.07675 $15,776.87 0.00211 $433.60 0.11856 $24,373.68 0.00097 $200.00 0.01596 $3,281.05 1.00 $10,000.00 0.45 $4,500.00 0.55 $5,500.00 1.00 -$6,182.59 1.00 -$6,182.59 $3,559.84 $6,607.65 $6,607.65 $2,500.00 $3,047.81 $304,670.98 DESIGN ENGINEERING TOTAL ESTIMATED CONSTRUCTION COST $2,569,657.25 $875,084.11 $392,177.50 $46,202.00 $11,228.07 $693,248.73 $9,209.95 $3,142,729.83 $1,071,335.71 $478,112.85 $61,825.95 $845,155.89$3,559.84 VBWD GRANT CONSTRUCTION ENGINEERING $371,431.58$240,424.48 RIGHT OF WAY - 55% CITY, 45% COUNTY ESTIMATED COST $50,000.00$845,155.89 $11,228.07 $240,424.48 $371,431.58 $3,047.81TOTAL ESTIMATED COST $3,136,547.24 $1,071,335.71 $478,112.85 $55,643.36 $2,920.00 $5,420.00$197,210.91 $41,013.07 $50,000.00 Page 1 of 3 COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY FOR MAINTENANCE OF COUNTY STATE AID HIGHWAY (CSAH) 17 FROM I-94 TO 300’ SOUTH OF 30TH STREET AND COUNTY STATE AID HIGHWAY (CSAH) 10 FROM to 2200’ EAST OF CSAH 15 TO 700’ EAST OF CSAH 15 THIS AGREEMENT, by and between the City Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County”, shall consist of this agreement and Exhibit A. WITNESSETH: WHEREAS, the County intends to construct and maintain County State Aid Highway (CSAH) 17 from I- 94 to 300’ south of 30th Street; and WHEREAS, the County intends to construct and maintain County State Aid Highway (CSAH) 10 from 2200’ east of County State Aid Highway (CSAH) 15 to 700’ east of County State Aid Highway (CSAH) 15; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. MAINTENANCE/OWNERSHIP 1. Upon completion of the project, the City shall own and maintain the following under this project: a. Municipal Utilities, including sanitary sewer, forcemain, and water main. b. Signing. All permanent roadway signing on City roads will be controlled by the City. 2. Upon completion of this project the County shall own and maintain the following under this project: a. Storm sewer. The County shall own and maintain the storm sewer trunk line and catch basin and leads on its County right-of-way existing or constructed under this project. b. Storm sewer sump manholes and energy dissipaters: The County shall own and maintain all storm sewer sump manholes, and energy dissipaters located within County right-of-way. c. Signing. All permanent roadway signing on County roads will be controlled by the County. d. With respect to the constructed corridor boulevard, the County will mow the corridor boulevards a minimum of twice per year. e. Pavement. The County shall own and maintain all pavement systems constructed under this project. f. Guardrail. The County shall own and maintain all guardrail constructed under this project. g. Ditch Check. The County shall own and maintain all ditch checks constructed under this project. 3. All maintenance required to be performed by this agreement by the Parties shall be performed WASHINGTON COUNTY CONTRACT NO. 11803 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE – PERPETUAL Page 2 of 3 in a manner which shall be at the sole discretion of the party so obligated. 4. In order to protect plantings, the County shall not alter inter-maintenance strategies/techniques. 5. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. 6. The County and City will notify each other at least 24 hours in advance of any maintenance activities requiring a lane closure for work within the other party’s right-of-way. 7. The County will control all parking and other regulations on County roads, subject to any previous Agreements between the City and the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. E. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). F. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through special Page 3 of 3 assessment of County property on County-owned property. G. DATA PRACTICES All data collected, created, received, maintained, disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Molly O’Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date STAFF REPORT DATE: June 19, 2018 CONSENT ITEM #: 13 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Conditional Job Offer to Paid on Call Firefighter Applicant, Douglas Lovett REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The Lake Elmo Fire Department is continually seeking applicants to fill the Paid on Call ranks. We currently have 17 out of an allowed 32 Paid on Call personnel. Paid on Call personnel continue to be a vital part of our overall response coverage in conjunction with the Part Time Firefighters. Paid on Call personnel fill in open shifts, respond on calls outside the 6AM – 6 PM timeframe and for any All Call pages. ISSUE BEFORE COUNCIL: Should the Council make a conditional job offer to Douglas Lovett, to allow him to continue in the hiring process? PROPOSAL DETAILS/ANALYSIS: Staff is recommending the Council make the offer to applicant to allow him to proceed in the process. Applicant has met the requirements of the hiring process to date. These include attending at least 3 department training drills, complete a background check, successfully completed the Ability Test, and has been interviewed. Upon approval of this Conditional Job Offer, the applicant will move forward in the process. Pending successful completion of the Pre-Placement Physical and Pshychological Evaluation, the applicant will be placed on the department as a Probationary Firefighter. During the probationary period, the applicant will complete all required training, Firefighter I & II, HazMat Operations, First Responder and CPR/AED. FISCAL IMPACT: Psychological Exam = $425.00 and Preplacement Physical Exam = $363.00 for a total of $788.00. Future costs of training, uniforms and wages. OPTIONS: 1) Make conditional job offer to continue with process. 2) Do not approve conditional job offer RECOMMENDATION: If removed from consent agenda: Motion of a conditional job offer to Douglas Lovett to allow him to continue with and complete the additional requirements of the hiring process, Pre-Placement Physical and Pshychological Evaluation. ATTACHMENTS: None STAFF REPORT DATE: 6/19/18 REGULAR AGENDA ITEM: #14 TO: Council FROM: Emily Becker, Planning Director ITEM: Wyndham Village Preliminary Plat and Zoning Map Amendment REVIEWED BY: Jack Griffin, City Engineer BACKGROUND: The City has received a request from JP Bush Homes for a Preliminary Plat for a ten unit single family detached home development to be called Wyndham Village as well as a Zoning Map Amendment to rezone the property from Rural Single Family Residential to Urban Low Density Residential. REVIEW/ANALYSIS: Applicant: JP Bush Homes, 1980 Quasar Ave S, Lakeland, MN 55043 Property Owners: James McLeod, 11580 30th St N, Lake Elmo, MN 55042 Location: Part of the southwest quarter of the southeast quarter of Section 13, Township 29 North, Range 21West PID: 13-029-21-43-0001 Request: Preliminary Plat and Zoning Map Amendment Existing Land Use: Single Family Detached Residential Home Existing Zoning: RS – Rural Single Family Surrounding Area: North – Northport (Urban Low Density Residential); East – Northport (Urban Low Density Residential); West – Rural Single Family Residential; South – the Homestead (Open Space Preservation Development) Comprehensive Plan: Village Urban Low Density Residential (1.5-2.49 units per acre) Proposed Zoning: V-LDR – Village Urban Low Density Residential (1.5 – 2.49 units per acre) History: The property has long been used as a single family detached dwelling unit. A Comprehensive Plan Amendment to re-guide the property from Rural Single Family to Village Urban Low Density as well as Sketch Plan Review was approved by the City on February 7, 2018 and by Metropolitan Council on March 14, 2018. 2 Deadline for Action: Application Complete – 5/7/2018 60 Day Timeline – 7/6/2018 Extension Sent – N/A Applicable Regulations: Article XII – Urban Residential Districts (LDR) Chapter 153: Subdivision Regulations Usable Backyard Issue. The developer has revised the proposed sketch plan that was previously submitted to the city. The initial sketch plan did not provide backyards that the City had felt were usable, as a 66 foot wide Northern Natural Gas Easement ran along the majority of the backyards of the lots to the west of Liberty Court North. The proposed preliminary plat reduces the number of proposed lots from 13 to 10, as approved by Council, reducing the proposed density from 2.17 units per acre to 1.67 units per acre. Additionally, the developer had provided an exhibit which shows proposed building pad locations that show a 20 foot rear yard principal building setback from the Northern Natural Gas Easement. This exhibit shows that a pool and play set could reasonably fit within these backyards. The standard rear yard setback for properties located within the Village Low Density Residential Zoning District is 20 feet, and so Staff believes that so long as the lots in which the Northern Natural Gas Easement is located maintain a 20 foot principal building rear yard setback from the easement that these proposed lots will provide a sufficient rear yard. This has been added as a recommended condition of approval. Density. The total site acreage is 5.97 acres, and the proposed number of homes is 10. Because none of the area within the proposed preliminary plat can be netted out (i.e. none of it is arterial right-of- way or parkland), the proposed density is 1.67 units per acre. This is within the required density of the Village Urban Low Density (1.5-2.49 units per acre). Greenbelt Buffer. The updated sketch plan increases the greenbelt buffer to the south of the development. Since the initially-proposed sketch plan, the applicant has increased the buffer to approximately 80 feet, which is approximately equal to the buffer provided by the development to the east, Northport. The lot on to which the single family home shall be relocated (Lot 7) does not match this buffer, as the Outlot A does not buffer it from 30th Street. The Village Low Density Residential zoning district designates that residential lots are not to encroach on the Village Open Space Overlay District unless berming or screening protected by a landscape easement is provided as an alternative approved by Council. It is a recommended condition of approval that the applicant provide a detailed site plan for this lot showing the proposed house location and screening/buffering to be approved by Council and protected by a landscape easement. Landscape Plans. The City’s landscape architect has reviewed the landscape plans, but due to insufficient information provided by the applicant has not yet completed review. Approval is contingent upon approved landscape and tree preservation plans being approved by the City’s Landscape Architect. Park Dedication. The proposed development is to the east of Reid Park. With recording of the Northport plat, the City received approximately an additional 12.5 acres of parkland for an extension of Reid Park. The Neighborhood Park Search Area map of the Comprehensive Plan’s Parks and Recreation Plan does not identify this area for a neighborhood park. Therefore, Staff would not recommend that parkland be dedicated within this development and that the City accept fees in lieu of parkland dedication. Per the City’s Subdivision Ordinance, 10% of the fair market value of the 3 land will need to be paid as the parkland dedication fee. The fair market value of the land is determined by current market data, if available, or by obtaining an appraisal from a licensed real estate appraiser, and the subdivider is required to pay for the appraisal. In this case, if the owner of the property will be selling the land to the Applicant to be developed, there will be current market data available. If the owner is not selling the land, an appraisal to determine the fair market value will likely be required in order to determine the amount of parkland dedication the City will receive. The Parks Commission reviewed the proposed sketch plan at its November 2017 meeting and recommended that there be a fee paid lieu of park land and that a trail connection connecting the cul- de-sac to 30th Street would not be desirable because pedestrian crossings are preferred at controlled intersections and that there is a hill at the location of the cul-de-sac, which would create a safety hazard. Trails. No trails are being proposed within the development, only a sidewalk on the west side of Liberty Court North. There is already a trail along the south of 30th Street, and the developers of Northport will be constructing a segment of a trail from the southern edge of that development off Liberty Court North. This trail segment will not connect to the existing trails in Reid Park, however, as approved by Council. The City may extend this trail through to the existing trails in Reid Park in the future. The City’s trail plan indicates a trail along 30th Street North, which already exists on the south side of the street. 4 Access. Access to the proposed lots will be provided from Lower 31st Street North to the north of the subject property (part of the Northport development). Access to this parcel was pre-planned with the adjacent subdivision in order to preserve the proper access management along 30th Street North. The existing driveway will be eliminated as suggested by Staff. Access to the new Lot 7 is proposed to be provided off the cul-de-sac of Liberty Court North. Streets. The proposed streets appear to be meeting the City’s minimum standards: • Liberty Court is proposed to be 28-feet wide within a 60-foot right-of-way; • A 60 foot cul-de-sac right-of-way width is provided with a 45 foot pavement radius; • The cul-de-sac length is proposed to be 510 feet long; • There is a proposed sidewalk to the west of this street. The residential maximum longitudinal grade is 6% with a sidewalk which appears to be feasible. Potential connections to this sidewalk should be considered moving forward. • Surmountable concrete curb and gutter needs to be installed in single family areas with future driveways. Street Naming. The proposed name of Liberty Court is consistent with the City’s Street Naming Policy in that it starts with Li-, which is appropriate within the grid system. There are existing Li- streets both west and far east of this development on the grid pattern, and so it does not necessarily make sense to use an existing street’s name, as it is not specifically in line with an existing street on the grid. Additionally, Northport Final Plat has already been recorded providing a street stub in to this development with the name of Liberty Court N. Utilities – Municipal Water Supply and Municipal Sanitary Sewer. Public water and sanitary sewer service will be extended to the site with the development of Northport. The preliminary plans will need to include detailed utility construction plans that meet City engineering standards. Existing Trail 5 Environmental Review. The proposed development is within the Village Alternative Urban Area Wide Review (AUAR), which was completed in order to address the expected cumulative environmental impacts associated with the anticipated growth and development within the Village. City Engineer Review. The City Engineer’s review comments are found as part of the attachments. Items of note are as follows. These are included as recommended conditions of approval. • Preliminary plat and plans should be revised to dedicate additional right-of-way along 30th Street and/or to expand the storm water to the 100-year High Water Level (HWL) flood area. • Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the Northern Natural Gas easement. The City must receive copies of the written permission prior to approval of the final plat. • Written landowner permission must be submitted as part of the final plat development applications for any off-site grading work and storm water discharges to adjacent properties. • There were a number of other amendments required to the plan for approval, which can be reviewed in the memo. It is a recommended condition of approval that all of these comments be addressed on the plans prior to submission of final plat for approval. Fire Chief and Building Official Review. The Fire Chief and Building Official worked with Engineering to address any issues with this plat and provided no further comment. Airport. The proposed development is not within the Lake Elmo Airport Existing Runway Protection Zones; however, the Metropolitan Airports Commission was given the opportunity to review the proposed development with the Preliminary Plat application and has provided a review memo, attached. From this review memo, it is a recommended condition of approval that the applicant be required to submit a disclosure statement (similar to that required of homes within Easton Village) that alerts prospective buyers about the proximity of the development to the airport and encourages appropriate noise attenuation construct practices for residential structures. Lot Dimensions and Bulk Requirements. The proposed sketch plan appears to the meet the lot dimensions and bulk requirements for the Village Urban Low Density Residential zoning district, except for Lot 1. This is the only lot that does not meet the required lot width at the setback line. It is a recommended condition of approval that this lot width be increased to 70 feet. Standard Required Proposed Minimum Lot Area 9,000 square feet 9,185 square feet – 41,980 square feet (average of 16,423 square feet) Minimum Lot Width 70 feet 65-229.30 feet Maximum Impervious Surface 35% Unknown Minimum Front Yard Setback 25 feet Grading plan indicates this can be met Minimum Interior Sideyard Setback (principal buildings) 10 feet Grading plan indicates this can be met 6 Minimum Interior Sideyard Setback (accessory structures) 5 feet N/A Minimum Corner Sideyard Setback 15 feet N/A Minimum Rear Yard Setback 20 feet All required rear yard setbacks appear to be met, including from the Northern Natural Gas Easement Outlot A. Outlot A will be City-owned for ponding purposes. This development will also utilize Outlot H of Northport, which contains an infiltration basin. Lot Easements. Lot easements (front, rear and side yard) need to be shown on the plan meeting City requirements. Zoning Map Amendment. Zoning Map Amendments are typically processed during preliminary plat. As such, the applicant has requested a Zoning Map Amendment to rezone the property from Rural Single Family to Urban Low Density Residential. The properties to the north and east of the subject parcel are guided for Village Urban Low Density (V-LDR) and have been re-zoned to Urban Low Density Residential. This was because when these properties received Preliminary Plat approval, there did not exist a Village Urban Low Density zoning district. The V-LDR ordinance was created on 5/26/17. While it would be preferable that the property be rezoned the Urban Low Density in order to align with the zoning of surrounding parcels, the Zoning Code states that densities within the Urban Low Density Zoning District shall range from two 2 to 4 units per acre. Because the proposed density of the development is not within the 2-4 units per acre range, it is not appropriate to re-zone Urban Low Density Residential as the adjacent parcels are zoned. As such, Staff would recommend that the property be re-zoned V-LDR. This is consistent with the Comprehensive Plan in that the parcel is now guided for Village Urban Low Density Residential, as approved by the City Council on February 7, 2018 and the Metropolitan Council on March 14, 2018. Planning Commission Review. The Planning Commission held a public hearing and considered the proposed Preliminary Plat and Zoning Map Amendment at its June 4, 2018 meeting. At the public hearing, there was concern brought up about the density and the greenbelt buffer encroaching on Lot 7. It was clarified that the zoning is Village Low Density Residential, which is not the same as Low Density Residential, and that the Village Low Density Residential zoning district requires that buffering/screening be provided on residential lots that encroach the Village Open Space Overlay District. As such, there was an added aforementioned condition of approval that the applicant provide a detailed site plan that showed the proposed house location along with screening and buffering to be approved by Council and protected by a landscape easement. There was also an adjacent property owner who questioned if he would be able to develop similarly to this parcel, as his property also has the Northern Easement running through it. It was clarified that the Draft 2040 Comprehensive Plan also guides his parcel as Village Low Density Residential, and so as long as he came up with a plan that worked and went through the required application processes and the development adhered to all City Code requirements and standards, then the property could develop. 7 Recommended Findings. Staff recommends the following findings in regards to the proposed Preliminary Plat: 1) That the Wyndham Village preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Wyndham Village preliminary plat complies with the City’s Village Urban Low Density Residential zoning districts with required condition of approval. 3) That the Wyndham Village preliminary plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, and is consistent with the City’s engineering design standards with corrections as noted by the City Engineer Review Memo dated May 30, 2018. 4) That the Wyndham Village preliminary plat complies with the City’s subdivision ordinance. Recommended Conditions of Approval. Staff recommends the following conditions of approval: 1. That the City approve a Zoning Map Amendment to rezone the property from Rural Single Family to Village Low Density Residential 2. Homes within lots in which the Northern Natural Gas Company Easement (Document 384029) (“Northern Easement”) is located shall maintain a 20 foot principal building rear yard setback from the Northern Easement. 3. All required modifications to the plans as requested by the City Engineer in a review letter dated May 30, 2018 shall be incorporated into the plans, and plans shall be approved prior to consideration of a final plat. 4. Preliminary plat and plans should be revised to dedicate additional right-of-way along 30th Street and/or to expand the storm water to the 100-year High Water Level (HWL) flood area. 5. Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the Northern Easement. The City must receive copies of the written permission prior to approval of the final plat. 6. Written landowner permission must be submitted as part of the final plat development applications for any off-site grading work and storm water discharges to adjacent properties. 7. The developer shall pay a cash contribution in lieu of land for park dedication equal to 10% of the fair market value of the entire parcel. 8. The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. 9. The preliminary landscape plan shall be approved by the City prior to recording of the final plat. 10. The lot width of Lot 1 shall be increased to 70 feet, and all other lot dimension and bulk requirements of the Village Urban Low Density zoning district must be met. 11. The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights as well as its proximity to the railroad and associated noise and vibration. 8 12. All builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 13. 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. 14. Prior to recording the Final 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. 15. The Applicant shall provide a detailed site plan for Lot 7 showing the proposed house location and screening/buffering to be approved by Council and protected by a landscape easement. FISCAL IMPACT: There would be no fiscal impact to the City at this time, as the developer would be required to pay for any amendments needed to accommodate the increase in REC units. When the property develops, it will have urban services and will pay sewer and water connection charges, building permit fees and the like. OPTIONS: • Approve the proposed preliminary plat and zoning map amendment with recommended findings and conditions of approval. • Amend Staff and Planning Commission-recommended findings and conditions of approval and approve the proposed preliminary plat and zoning map amendment. • Do not approve the proposed preliminary plat and zoning map amendment, directing Staff to draft findings for denial and bring back to a future meeting. RECOMMENDATION: Staff and the Planning Commission recommend approval of the Wyndham Village Preliminary Plat and Zoning Map Amendment. “Move to adopt Ord. 08-212 approving the proposed Zoning Map Amendment to rezone 11580 30th Street North from Rural Single Family to Village Urban Low Density Residential” “Move to adopt Resolution 2018-066 approving the Wyndham Village Preliminary Plat subject to recommended findings and conditions of approval.” ATTACHMENTS: 1. Application and Narrative 2. Preliminary Plat 3. Preliminary Landscape Plans 4. Engineer Review Memo 5. Metropolitan Airports Commission Review Memo 6. Resolution 2018-066 approving Preliminary Plat 7. Ord. 08-212 approving the Zoning Map Amendment PAGE 1 of 4 MEMORANDUM Date: May 30, 2018 To: Emily Becker, Planning Director Re: Wyndham Village Preliminary Plan Review Cc: Rob Weldon, Public Works Director Chad Isakson, Assistant City Engineer From: Jack Griffin, P.E., City Engineer An engineering review has been completed for Wyndham Village. Preliminary Plat/Plans were received on May 8, 2018. The submittal consisted of the following documentation: Wyndham Village Preliminary Plat, dated May 4, prepared by Landmark Surveying, Inc. Wyndham Village Preliminary Plans, Sheets C1.1‐C5.2, dated May 4, 2018, prepared by Plowe Engineering. Stormwater Management Plan, dated May 8, 2018, prepared by Plowe Engineering. Landscape Plans, Sheets L1‐L5, dated May 7, 2018, prepared by CalYX Design Group. Preliminary Plan Narrative, dated May 4, 2018, prepared by J.P.Bush Homes. STATUS/FINDINGS: Engineering has prepared the following review comments: PRELIMINARY PLAT Preliminary plat approval should be contingent upon all public improvements that support the development being designed and constructed in accordance with the City Engineering Design Standards Manual dated March 2017 and as identified within this plan review memorandum. Preliminary plat approval should also be contingent upon the preliminary plans being revised and approved by the City prior to the City accepting an application or plans for final plat. Right‐of‐way/Easement Dedication. The Preliminary Plat and all preliminary plan sheets must be revised to dedicate additional right‐of‐way along 30th Street North to ensure a minimum 30th Street boulevard of 16 ft. along the entire length of the plat. The current plans show a varied boulevard width from 11‐25 feet. In addition, a 10 ft. utility corridor must be reserved (at boulevard grades) for small utilities. The proposed storm water facilities (including the 100‐year HWL) must be revised further north to prevent encroachment onto the 10 ft. utility corridor. Outlot A must be dedicated to the City for storm water maintenance. Outlot A has been shown as City‐ owned on the preliminary plat and plans as required. Outlot A may need to be revised to accommodate additional right‐of‐way along 30th Street and/or to expand the storm water 100‐year HWL flood area. Drainage and utility easements are required over all storm sewer, sanitary sewer and watermain not located on City Outlots and right‐of‐way, minimum 30‐feet in width centered on the pipe/structure. Easements must be shown on the Preliminary Plat, Utility Plans and Grading Plans. Additional easement is required over the storm sewer outfall pipe between Lots 5 and 6. Additional easement is required for the proposed Lot 7 driveway culvert. 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 4 Additional easement is required over Lot 6 for the sanitary sewer pipe from MH‐2 to MH‐3, or this pipe must be realigned to the center of the Lot 7 driveway. All emergency overflow elevations must be fully protected by drainage easement. Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the gas main easement. The City must receive copies of the written permission prior to the approval of final plat. Written landowner permission must be submitted as part of the f inal plat development applications for any off‐site grading work and storm water discharges to adjacent properties. Access Management. The Preliminary Plans shows access to the plat from the Northport subdivision along Liberty Court. This access was pre‐planned with the adjacent subdivision and preserves the proper access management along 30th Street North. STORMWATER MANAGEMENT The site plan is subject to a storm water management plan meeting State, VBWD and City rules. Additional City review is necessary for plan changes made to meet these requirements. Storm water facilities proposed as part of the site plan to meet State and VBWD permitting requirements must be constructed in accordance with the City Engineering Design Standards Manual. The storm water management must be revised to demonstrate rate control for each discharge location rather than a combined discharge. The model must also be revised to correct the pre and post drainage areas based on existing contours rather than property lines. The model must evaluate the HWL changes to the Northport Infiltration basin due to areas of direct discharge and plan revisions must be made to ensure the HWL does not increase. The model must be revised to include the 10‐day 100‐year snowmelt condition. The storm water management plan must demonstrate volume control requirements being met. The storm water management plan executive summary must identify the rate control for each discharge point and summarize the BMP normal water and resulting high water levels for each basin. GRADING, DRAINAGE AND EROSION CONTROL Add north arrow and plan scale. Add Grading and Erosion Control City Standard Plan Notes dated March 2017 (Details 600A, 600B, 600C, and 600D) to the plan. Add all lot corner elevations. The grading plans must be updated to provide all existing conditions along 30th Street including right‐of‐way widths, street widths from centerline, lane configurations, signs, and all other physical features. The plans must show all existing and proposed normal water level (NWL) and high water level (100‐year HWL) for all water bodies within and adjacent to the property, including Northport infiltration basin. Add 100‐year HWL contour for all ponds and verify that the 100‐year HWL is fully contained within the Outlot. This information is incomplete and must be revised for further review. The plans must be updated to show the pond maintenance access roads to the facilities and must be a minimum of 20 ft. wide and at grades that do not exceed 10%. The plans must show a 10:1 aquatic bench and 10:1 maintenance bench around the storm water pond. The Stormwater Facility Outlots must fully incorporate the 100‐year HWL, 10‐foot maintenance bench and all maintenance access roads. Add Outlet Control structure meeting City standards to replace the 15‐ft. wide pond overflow as the primary outlet. The overflow should remain as an emergency overflow. RESIDENTIAL STREETS Public street standards. Liberty Court must be designed to meet the City’s Engineering Design Standards. A 60 ft. right‐of‐way width with 28 ft. wide street has been shown as required; and a 60 ft. cul‐de‐sac R/W radius with 45 ft. cul‐de‐sac pavement radius has been shown as required. PAGE 3 of 4 Liberty Court will result in a 510 ft. long cul‐de‐sac, meeting City standards. Surmountable concrete curb and gutter shall be installed in single family residential areas with future driveways. Pedestrian facilities: A 6 ft. wide sidewalk has been shown along Liberty Court as required. The City should review any potential connections to this sidewalk. Ten (10) foot utility easements are required on either side of all right‐of‐ways. STREET AND STROM SEWER PLANS Correct plan view scale. Label street and right‐of‐way width, and label cul‐de‐sac pavement and right‐of‐way radius. Label concrete sidewalk width on the plan. Add pedestrian ramp (call‐out in plan view) where sidewalk terminates at cul‐de‐sac. Add City standard Typical Section per City detail 805 on the street plans. All information shown in the City details must be shown on the typical section including cross‐slopes, boulevard tree setbacks, sidewalk location and 10‐ft. small utility corridors on each side of right‐of‐way. Add City standard detail 801 on the street plans to detail the minimum project pavement section. Add City Standard Sidewalks and Trails Plan Notes dated March 2017 (Detail 500A). Add City Standard Storm Sewer Plan Notes dated March 2017 (Detail 400A). Revise street profile to meet City standards for vertical crest curve K= 19 minimum. Label all storm sewer structures including FES. The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.0 feet. Revise storm sewer from CBMH to FES to maintain minimum 3‐ft. pipe cover. Per City requirements all storm sewer pipe easements must be a minimum 30‐feet in width. Additional easement is required over Lots 5 and 6 to provide a minimum 30‐ft easement centered over the pipe. Add profile for proposed driveway culvert and verify 30 ft. easement over pipe and structures. Add storm sewer structure table showing casting type and build. Call‐out sump manhole in plan view. Drain tile is required as part of the City standard street section at all localized low points in the street. Coordinate with Northport to extend drain tile per City standards, minimum 100 ft. on each side of road, from existing catch basins in Northport development, south along Liberty Court. End each drain tile with a clean‐out. MUNICIPAL WATER SUPPLY Municipal water supply is available immediately adjacent to the proposed development along Liberty Court. The applicant is responsible to extend the municipal water into the development site at developer’s cost. No trunk watermain oversizing applies. MUNICIPAL SANITARY SEWER Municipal sanitary sewer is available immediately adjacent to the proposed development along Liberty Court. The applicant is responsible to extend sanitary sewer into the development site at developer’s cost. No trunk sewer oversizing applies. SANITARY SEWER AND WATERMAIN PLANS Add plan scale and north arrow. Add City Standard Watermain Plan Notes dated March 2017 (Detail 200A) to the utility plan. Add City Standard Sanitary Sewer Plan Notes dated March 2017 (Detail 300A) to the utility plan. Add existing gas main(s) and show pipe size, material and location (dimensions from easement edge). Gas main depths must be field verified and placed on the plans at water/sewer service crossing. Add and clearly show gas main easement area and contact information. PAGE 4 of 4 Extend water and sewer service for Lot 7 completely across gas main easement as part of the development improvements. Show extensions on the utility plan. Revise 6” PVC sewer pipe with City minimum 8” PVC sewer main. Realign the sewer pipe to the centerline of the Lot 7 drainage and utility easement. The pipe requires a minimum 30‐ft easement centered over the pipe. Relocate MH‐3 to remain a minimum 15‐ft outside of the gas main easement. Add water and sewer service stubs to each lot including sewer stub invert. All water/sewer stubs must be perpendicular to the street. Watermain and sewer main realignment will be necessary in the cul‐de‐sac to meet this requirement. Sanitary sewer service pipe to be called‐out as Schedule 40 and stubbed 10ft. beyond the right‐of‐way. All curb stops to be located 10 ft. beyond the right‐of‐way. Water/sewer stubs cannot terminate within a paved driveway surface. Add sewer manhole to realign watermain/sewer main to remain under bituminous paved surface. SIGNING/PAVEMENT MARKING/LIGHTING PLAN Add signing, pavement marking and lighting plan per City standard plan format. Update sheet index. Add Signing/Pavement Markings/Lighting Plan Notes dated March 2017 (Detail 900A). Add one City standard light pole at the end of the cul‐de‐sac. Add Street Light Note to indicate “Residential street lights shall be Xcel Energy 100W HPS California Acorn (Black in Color) with a 15 ft. Aluminum Pole (Black in Color)”. Add three (3) “No Parking” signs for no parking around cul‐de‐sac. No parking signs to be MnMUTCD R8‐3, 18”x18”. DETAILS Sheets C4.1‐C4.3. Add City details 210, 419, 420, 507A‐E, 508, 511, 514, 805, 901, 902, and 903. SPECIFICATIONS Submit Project Specifications for Wyndham Village for staff review using the City Standard Specifications dated March 2017. If supplementary specifications are also submitted, the following statement must be placed as the first clause of the supplementary provisions, “The City Standard Specifications for Public Infrastructure, dated March 2017, shall apply to the work performed under this contract. Any supplemental specifications are intended to supplement the City Standard Specifications, however they do NOT supersede the City Standard Specifications, Details, Design Standards, or ordinances unless specific written approval has been provided by the City.” LANDSCAPE PLAN: This review does not cover the Landscape Plan or Irrigation Plan. Plan review to be completed by other City representatives. The Landscape Plans must be revised to accommodate maintenance access to all storm water BMPs. Grades along pond access cannot exceeded 10% and must be a minimum of 20 feet in width. Maintenance access from public right‐of‐ways must be shown on the Landscape Plans. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2018-066 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR WYNDHAM VILLAGE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the Lake Elmo Planning Commission reviewed a proposed Sketch Plan and Comprehensive Plan Amendment Request for Wyndham Village on November 13, 2017; and WHEREAS, the Lake Elmo City Council reviewed a proposed Sketch Plan and approved a Comprehensive Plan Amendment Request for Wyndham Village on February 20, 2018; and WHEREAS, the Metropolitan Council approved a Comprehensive Plan Amendment to re-guide the land use of Wyndham Village from Rural Single Family to Village Low Density Residential on March 14, 2018; and WHEREAS, JP Bush, 11580 30th St N, Lakeland, MN 55043 has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for Wyndham Village, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 4, 2018 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from for the June 18, 2018 Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on June 19, 2018 and made the following findings of fact: 1) That the Wyndham Village preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Wyndham Village preliminary plat complies with the City’s Village Urban Low Density Residential zoning districts with required condition of approval. 3) That the Wyndham Village preliminary plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, and is consistent with the City’s engineering design standards with corrections as noted by the City Engineer Review Memo dated May 30, 2018. 4) That the Wyndham Village preliminary plat complies with the City’s subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the preliminary plat for Wyndham Village subject to the following conditions: 1) That the City approve a Zoning Map Amendment to rezone the property from Rural Single Family to Village Low Density Residential 2) Homes within lots in which the Northern Natural Gas Company Easement (Document 384029) (“Northern Easement”) is located shall maintain a 20 foot principal building rear yard setback from the Northern Easement. 3) All required modifications to the plans as requested by the City Engineer in a review letter dated May 30, 2018 shall be incorporated into the plans, and plans shall be approved prior to consideration of a final plat. 4) Preliminary plat and plans should be revised to dedicate additional right-of-way along 30th Street and/or to expand the storm water to the 100-year High Water Level (HWL) flood area. 5) Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the Northern Easement. The City must receive copies of the written permission prior to approval of the final plat. 6) Written landowner permission must be submitted as part of the final plat development applications for any off-site grading work and storm water discharges to adjacent properties. 7) The developer shall pay a cash contribution in lieu of land for park dedication equal to 10% of the fair market value of the entire parcel. 8) The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. 9) The preliminary landscape plan shall be approved by the City prior to recording of the final plat. 10) The lot width of Lot 1 shall be increased to 70 feet, and all other lot dimension and bulk requirements of the Village Urban Low Density zoning district must be met. 11) The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights as well as its proximity to the railroad and associated noise and vibration. 12) All builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 13) 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. 14) Prior to recording the Final 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. 15) The Applicant shall provide a detailed site plan for Lot 7 showing the proposed house location and screening/buffering to be approved by Council and protected by a landscape easement. Passed and duly adopted this 18th day of June 2018 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-212 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO SECTION 1. The City Council of the City of Lake Elmo hereby ordains the following properties to be rezoned from RS – Rural Single Family to V-LDR Village Low Density Residential: Section 13 Twp 029 Range 021. The east 460.50 feet of the west 1273.00 feet of the south 498.60 feet, and also the east 139.50 feet of the west 812.50 feet of the south 219.30 feet of the SW ¼ of Section 13, Township 29, Range 21. PID# 13.029.21.43.0001. SECTION 2. The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official Zoning Map of the City of Lake Elmo. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-212 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 08- was published on the ____ day of ___________________, 2018. PUBLIC HEARING ITEM 5a – ACTION ITEM STAFF REPORT DATE: JUNE 19, 2018 AGENDA ITEM: 15 TO: City Council FROM: Emily Becker, Planning Director ITEM: Boulder Ponds 3rd Addition – Final Plat, Final PUD Plan REVIEWED BY: Jack Griffin, City Engineer BACKGROUND: The Council is being asked to consider an application for a Final Plat and Final Planned Unit Development (PUD) Plan submitted by OP4 Boulder Ponds, LLC c/o The Excelsior Group, LLC. The Final Plat application represents the third phase of the Boulder Ponds residential development and includes 33 single family residential lots and one outlot. The proposed project is located north of Hudson Blvd. N., east of the Eagle Point Business Park and south of the Stonegate subdivision. Staff is recommending approval of the of the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan subject to compliance with conditions as noted in this report. GENERAL INFORMATION Applicant: OP4 Boulder Ponds, LLC c/o The Excelsior Group, LLC, 1660 Highway 100 South, Ste 400, St. Louis Park, MN 55416 Property Owners: OP4 Boulder Ponds, LLC11455 Viking Drive, Suite 350, Eden Prairie, MN 55344 Location: Outlot K, Boulder Ponds, PID # 34.029.21.32.0038 Request: Application for Final Plat and Final Planned Unit Development (PUD) Plan for the 3rd phase of the Boulder Ponds planned development which includes 33 single family lots. Existing Land Use/Zoning: LDR (PUD) - Urban Low Density Residential Planned Unit Development. Surrounding Land Use: North –Stonegate Residential Estates (RE) subdivision; west – Eagle Point Business Park (Bremer Bank, Eagle Point Town Office Condos, High Pointe Medical Campus, vacant land) (BP); east – Lennar Savona Urban Low Density Residential (LDR) subdivision; south – vacant land guided for Commercial and Interstate Highway 94. Comprehensive Plan: Urban Medium Density Residential (4.5-7.0 units per acre) and Urban Low Density Residential (2.5-4 units per acre) 2 REGULAR ITEM 4a – ACTION ITEM History: Boulder Ponds General Concept Plan approved by the City on 12/17/13 (Resolution #2013-109). Boulder Ponds Preliminary Plat and Preliminary PUD Plan approved by the City on 9/16/14 (Resolution #2014-73). The first phase Boulder Ponds Final Plat and Final PUD was approved on April 21, 2015, and the second phase was approved on May 17, 2016. Deadline for Action: Application Complete – 4/27/2018 60 Day Deadline –6/29/2018 Extension Letter Mailed – N/A Applicable Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (LDR) Article 16 – Planned Unit Development Regulations §150.270 Storm Water, Erosion, and Sediment REVIEW AND ANALYSIS: The City of Lake Elmo has received a request from OP4 Boulder Ponds, LLC for a Final Plat and Final PUD Plan to subdivide Oulot K, Boulder Ponds, 13.580 acres, into 33 single family (detached Villa) lots on a cul-de-sac as guided by the approved Preliminary PUD Plan. The preliminary plat approved 98 single family lots. 1st Addition approved 47 single family lots, and the 2nd Addition approved 18 single family lots, and the 3rd Addition will be the final phase of the single family lots of the preliminary plat. The applicant has submitted detailed construction plans related to sanitary sewer, water main, storm sewer, grading, drainage, landscaping, and other details that have been reviewed by the City Engineer, Fire Chief and Landscape Consultant. Final Plat Approval Process. The City’s subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City’s approval of the Boulder Ponds Preliminary Plat included 13 conditions that must be met by the applicant, which are addressed in the “Review and Analysis” section below. Staff has reviewed the final plat and found that it is consistent with the preliminary plat that was approved by the City on September 16, 2014. Changes to Final Plat from Preliminary Plat. Lot 17, Block 2 is much larger than originally approved with Preliminary Plat, and most of the remaining lots are smaller, as shown below. The applicant has indicated that future plans would be to submit for a PUD amendment in the future to increase the number of lots within the development by three or four. An analysis regarding these changes has been provided below. 3 REGULAR ITEM 4a – ACTION ITEM • Density. The density of the single family lot area within the preliminary plat was approved as approximately 2.5 (total site area of 58.3 acres – 19.08 (4.29, 1.39, and 1.54 acre commercial outlots + 4.29 and 2.24 acre multifamily outlots + 1.46 acres of wetlands + 3.87 acres of park) = 39.22, and 98/39.22=2.5. With the PUD amendment, the addition of three to four 3rd Addition Final Plat Preliminary Plat 4 REGULAR ITEM 4a – ACTION ITEM more lots would increase the density within the 3rd Addition to 2.57 to 2.6, which is allowed within Urban Low Density Residential Land Use category (designated as 2.5-4 units per acre). • Decreased Lot Widths. The minimum lot width of the Low Density Residential (LDR) zoning district is 60 feet. There are fifteen lots within the 3rd Addition that do not meet this minimum lot width. There was no indication of flexibility on lot widths within the Resolution that approved Preliminary Plat, however, many of the lots outside of the 3rd Addition did not meet the minimum 60-foot requirement (although all lots within the 3rd Addition did meet this requirement). Additionally, there are two lots (Lots 5 and 6, Block 2) that do not meet the minimum rear yard lot widths as required by the City’s Subdivision Regulations of 30 feet. Staff does not see an issue with this, provided the required setbacks are met. • Lot Sizes. The average lot size of the approved preliminary plat was 9,882 square feet, and the smallest lot size was 7,206 square feet. The smallest lot size within the 3rd Addition is 7,224 square feet and the average lot size is 9,782 square feet. As a recommended condition of approval, the lot books show the required setbacks. • Landscape Plan. The applicant has removed the picnic table, shelter, and grill station that was within Outlot J of the 1st Addition. It was not a condition of final plat approval of that addition that these amenities be installed, nor is it a requirement that these items be provided, and so Staff does not see issue with these being removed. Preliminary Landscape Plans 3rd Addition Final Landscape Plans • Trails. The northern trail has changed very slightly since preliminary plat as outlined below. 5 REGULAR ITEM 4a – ACTION ITEM bufPreliminary Plat Final Plat City Engineer Review. The City Engineer has reviewed the final plat, and his comments are attached to this report. Although there are some additional revisions and additions necessary for the Final Plat and final construction plans that need to be addressed by the applicant, the revisions can be made before the City releases the final plat for recording. Staff is recommending that all revisions and modifications noted within the City Engineer’s review memorandum date May 25, 2018 be completed prior to the release of Final Plat for recording as a condition of approval. Some issues that Staff would like to highlight from this report are as follows: • The approved Preliminary Plat and Plans showed the construction of a Hudson Boulevard eastbound left turn lane and westbound right turn lane on to Jade Trail North as per the Engineer Review Memo Dated 7/24/14. These turn lanes must be constructed with Boulder Ponds 3rd Addition Final Plat, as they were not required with the 1st or 2nd Addition, at the request of the developer. Because the developer has already sold the Commercial outlots, and 6 REGULAR ITEM 4a – ACTION ITEM in order to complete improvements for the single family residential development portion of this PUD, it is a recommended condition of approval that these turn lanes be constructed prior to release of building permits for the 3rd Addition. • The driveway for Lot 6, Block 2 must access Jade Trail North and not Jade Cove North, as frontage along Jade Cove North is not adequate for a driveway. • The meandering sidewalks (particularly along Lots 1, 2, 4-7, Block 3) do not meet the City standard boulevard layout. Therefore, an alternate boulevard layout must detail the proposed changes for City review, and easements must be amended as necessary. Further, in order to avoid issue with cars blocking sidewalks, it is a recommended condition of approval that garages be set back at least 25 feet and that homes be setback the required 20 feet from sidewalks that are not within the right-of-way. Fire Chief and Building Official Review. The Fire Chief and Building Official have review the Final Plat and have worked with engineering on providing comments. Outlots. It is a recommended condition of approval that Outlot A be dedicated to the City for parkland and infiltration purposes. Landscape Plans. The final landscape plans were reviewed by the City’s Landscape Architect, and the plans are not yet approved, as it was a condition of preliminary plat approval that additional buffering and screening be provided north of the trail. It is a recommended condition of approval that the landscape plans be amended to provide this additional screening and be approved by the City’s Landscape Architect. PUD Flexibility. Boulder Ponds was provided PUD flexibility for the following with approval of the Preliminary Plat and PUD. The 3rd Addition Final Plat and PUD adheres to this PUD flexibility: Proposed Lot Dimensional Standards through Planned Unit Development Process: • Lot Area: 9,882 sq. ft. average (7,206 sq. ft. min.) • Front Yard Setback: 20 ft. (25 feet for garage) • Side Yard Setback: 5 ft. • Rear Yard Setback: 25 ft. • Additionally, the Staff report from the preliminary plat indicated that the allowed front yard setback for the development was 20 feet and 25 feet for garage (25 feet allowed per the LDR zoning district), and the allowed side yard setback was 5 feet (10 feet for principal building and 5 feet for accessory structure allowed per the LDR zoning district). It is a recommended condition of approval that the applicant provide a lot book which demonstrates that the allowed setbacks are able to be met with the reconfigured lots and decreased lot widths. Density. The total area of 3rd Addition is 13.58 acres, with 0 square feet of wetlands and wetland buffers and 1.77 acres of parkland. The total final density of 3rd Addition is 2.79 units per acre. Parkland Dedication. The parkland dedication required for the entire preliminary plat was 4.34 acres (10% of 43.48 acres of residential area). The applicant will be dedicating Outlot A, consisting of 3.865 acres, for trail purposes with the 3rd Addition Final Plat. Per the preliminary plat, 1.77 of these acres will count towards park dedication credit. The developer has already paid the remaining 2.57 acres worth of land towards park dedication fees with the 1st Addition. Preliminary Plat Conditions. The preliminary plat for Boulder Ponds was approved with several conditions, which are indicated below along with Staff’s comments on the status of each. Staff is 7 REGULAR ITEM 4a – ACTION ITEM recommending approval of the final plat, but with additional conditions intended to address the outstanding issues that will require additional review and/or documentation. Please also note that the applicant has also provided a response to the preliminary plat conditions as part of the project narrative. 1) 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 was mass graded in phase 1. 2) The developer shall be required to submit an updated parkland dedication calculation in advance of Final Plat. Upon submission of the calculation, the applicant must work with the City to achieve the required parkland dedication amount per the City’s Subdivision Ordinance. The developer shall be required to pay a fee in lieu of land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City’s Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash in lieu of land dedication shall be paid by the applicant prior to the release of the Final Plat for recording. Comments: The park land dedication of 1.77 acres is comprised of the portion of the northern greenbelt park not within the Xcel Energy easement that is to be used for park purposes. As per the preliminary plat and PUD plans, this area was to be used to integrate trails and other facilities into Stonegate Park. The remaining park dedication equivalent to the fair market value of 2.57 acres of land was paid with the first phase of the development. 3) The developer shall follow all the rules and regulations of the Wetland Conservation Act and adhere to the conditions of approval for the South Washington Watershed District Permit. Comments: The permit was received with the first phase of the development. 4) The applicant will work with the Planning Staff to name all streets in the subdivision in a manner acceptable to the City prior to the submission of Final Plat. Comments: Jade Trail North is a continuation of the existing Jade Trail North. There is already a Jade Court North within the development, and so the applicant has proposed Jade Cove North for the cul-de-sac within the development. 5) The applicant will work with staff to address the comments in the City Engineer's review memo dated 7/24/14 to the satisfaction of the City Engineer as part of the Final Plat and Final PUD Plan. Comments: These were completed for the 1st phase. It is a recommended condition of approval that the Applicant address comments as outlined in the City Engineer’s review memo dated May 25, 2018. 6) In addition to standard easements required by the Subdivision Ordinance, additional drainage and utility easements must be provided extending 10 feet from meandering sidewalks, as well as all of the portion of private lots between meandering sidewalks and the public right-of- way. Comments: This was complied with in the first and second phase and will be again in the third phase. It is a recommended condition of approval that the 7) The landscape plan shall be updated to locate all boulevard trees in between the public street and sidewalk to not interfere with private utilities. It is a recommended condition of 8 REGULAR ITEM 4a – ACTION ITEM approval that the final landscape and irrigation plans be approved prior to release of building permits. 8) All islands and medians internal to the Boulder Ponds development shall be platted as part of the right-of-way and shall be maintained by the Home Owners 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 and open space on the Final Plat. Comments: The islands and median except those in 5th Street are the responsibility of the HOA into perpetuity. The developer has an approved management plan, but has not entered into a landscape license agreement. A landscape license agreement will be entered in to, which will address this. 9) The design of the northern buffer trail shall be modified to a width of 8 feet as opposed to the regional trail standard of 10 feet. Comments: This requirement has been met. 10) The eastern segment of the northern buffer trail shall be moved to the south to the greatest extent possible with plantings to screen the trail on the north side. Comments: It appears that the trail has been moved to the south to the greatest extent possible. However, no screening has been provided on the north side. It has been added as a condition of approval. 11) 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: This will be done concurrently or after approval of the final plat by Council and prior to recording of the final plat. 12) The Final PUD Plan will include a development lot book to clarify proper building placement for use in granting building permits for the development. Comments: This has been added as a recommended condition of approval. Staff is recommending that the conditions noted above that pertain to the 3rd Addition Final Plat that have not yet been addressed by the applicant should be again conditioned with this approval. The City Engineer’s review letter identifies a number of issues that need to be addressed by the developer in order for the City to approve the final plans. However, the majority of these concerns are related to the construction plans and should have little bearing on the final plat. The City Landscape Architect has reviewed and approved the Landscape Plans, but no irrigation plans have been received, and are about half way complete. Additionally, screening should be required north of the trail as per the condition of preliminary plat. The Fire Chief has reviewed the Final Plat and has identified no issues. Staff is recommending that City Officials not sign the final plat mylars until the City’s construction plan review is finalized and all necessary easements are documented on the Final Plat. Planning Commission Review. The Planning Commission held a public hearing and reviewed the Boulder Ponds 3rd Addition Final Plat and PUD Plans on May 30, 2018 and questioned why the applicant did not come forward with the PUD Amendment at the time. It was explained that the applicant wanted to plat the lots as soon as possible due to a high demand with the villa type housing. It was clarified that even if the larger lot that is planned to be subdivided in the future was not subdivided that they would still need to landscape the right-of-way abutting that lot as per the landscape plans. The Planning Commission recommended approval of the Boulder Ponds 3rd Addition Final Plat and PUD Plans 7-0. 9 REGULAR ITEM 4a – ACTION ITEM Draft Findings. Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Boulder Ponds 3rd Addition Final Plat and Final PUD Plan: 1) That the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014. 2) That the Boulder Ponds 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. 3) That the Boulder Ponds 3rd Addition Final Plat generally complies with the City’s Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans and decreased front and rear yard lot widths that are less than the minimum lot widths required by the City’s Urban Low Density Residential zoning district and Subdivision Regulations. 4) That the Boulder Ponds 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. 5) That the Boulder Ponds 3rd Addition Final Plat complies with the City’s subdivision ordinance. 6) That the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan complies with the City’s Planned Unit Development Ordinance. 7) That the Boulder Ponds 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 May 25, 2018. Recommended Conditions of Approval. The recommended conditions are as follows: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility 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 plat and plans requested by the City Engineer in memos dated May 25, 2018 shall be incorporated into these documents before prior to signing the Plat for recording. 2) Outlot A shall be dedicated to the City. 3) Garages shall be setback at least 25 feet and homes shall be setback at least 20 feet from sidewalks that are not within the public right-of-way. 4) Prior to the release of the Final Plat for recording, 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 with financial guarantees therefore. 5) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to recording. Easements may need to be revised pending 10 REGULAR ITEM 4a – ACTION ITEM review by the City of a detailed right-of-way boulevard plan and updated grading plans showing the storm water high water levels. 6) The Final Landscape and Irrigation Plans shall be submitted for review and approval by the City Landscape Architect Consultant prior to the release of building permits. 7) Plantings to sufficiently screen the northern portion of the northern buffer trail shall be provided on the Final Landscape Plan to be approved by the City’s Landscape Architect. 8) The applicant shall provide evidence that all conditions attached to the South Washington Watershed District permit for the Final Plat and associated grading work have been met prior to the release of the Final Plat for recording. 9) Final Plat shall be contingent upon receipt and City Attorney review of any agreements between the Developer and the BP Pipeline easement area and the Xcel Energy Transmission Easement area, demonstrating that said agreements in no way unacceptably encumbers the City. 10) The applicant shall provide a complete development lot book for all lots in Phase 3 of the Boulder Ponds development clarifying proper building placement for use in granting building permits prior to the release of Final Plat for recording. 11) That a License and Maintenance Agreement for Landscaping Improvements be executed for the maintenance of commonly held Common Interest Community (CIC) and City outlots and rights-of-ways prior to release of the final plat for recording. The agreement shall state that the Jade Cove North center island shall be maintained by the Homeowners’ Association. 12) The eastbound left turn lane and westbound right turn lane on to Jade Trail North as shown on the approved Boulder Ponds Preliminary Plans must be constructed prior to release of building permits for Boulder Ponds 3rd Addition. OPTIONS: The Council may: • Approve Boulder Ponds 3rd Addition Final Plat and PUD Plans with findings and conditions as recommended by Staff and the Planning Commission. • Amend Staff and Planning Commission-recommended findings and conditions and approve Boulder Ponds 3rd Addition as amended. • Direct Staff to draft findings for denial of Boulder Ponds 3rd Addition Final Plat and PUD Plans and bring back to a future meeting. • Table the item to a future meeting. RECOMMENDATION: Staff and the Planning Commission recommend approval of the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan with the 12 conditions of approval as listed in the Staff report. The suggested motion is the following: 11 REGULAR ITEM 4a – ACTION ITEM “Move to adopt Resolution 2018-065 approving the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan with the 12 conditions of approval as drafted by Staff and the Planning Commission based on the findings listed in the Staff Report.” ATTACHMENTS: 1. Application Forms and Project Narrative 2. Final Plat 3. Landscape Plans 4. City Engineer Review Memorandum, dated May 25, 2018 5. Landscape Consultant Review Memorandum, dated May 7, 2018 6. Resolution 2018-065 approving the Boulder Ponds 3rd Addition Final Plat and PUD Plans (Final Construction Plans are available upon request) Boulder Ponds 2nd Addition Final Plat Application 1 Boulder Ponds 3rd Addition Final Plat Narrative/Written Statement Consisting of nearly 60 acres, Boulder Ponds offers a uniquely planned mixed-use neighborhood. The variety of land uses provides a seamless transition to the existing surrounding areas. From the south, the commercial parcels complement the existing commercial uses. Moving north, the medium density residential serves to buffer the commercial from the lower density single family homes. 5th Street further provides the separation between the commercial and residential uses. Overall, the Boulder Ponds project is zoned as follows: Urban Low Density Residential – PUD, High Density Residential – PUD, and Commercial – PUD. The 3rd Addition Final Plat application is consistent with the Preliminary Plat Approval, consisting of the remaining LDR development activity to include 13.58 acres to be platted into 33 single family lots and 1 outlot. The design concept and goals for Boulder Ponds has generally remained consistent throughout the approval process. As opposed to the more standard grid approach, the curvilinear nature of the streets is designed around the existing topography of the site, which offers premium lots with maximum open space. Further, the design works to limit double fronted lots. The oversized cul-de-sacs, meandering sidewalks and varying setbacks not only enhance site lines, but also create a quality neighborhood with aesthetically pleasing characteristics. The detached single family lots consist of two types of housing; traditional single family homes and detached Villa homes. The single family homes are geared toward families typically with children. The detached Villa product will include association maintained grounds which is largely geared toward empty nesters. Boulder Ponds has its own neighborhood theming evident in the signage, landscaping and site furnishings. Neighborhood signage includes monuments clad in natural stone at the main entry points as shown in the landscape plan set. Community gathering spaces are located in key areas of Boulder Ponds including a larger centrally located gathering space along Jade Trail. Consistent theming in all these elements creates a neighborhood with a stronger sense of identity. The homeowners associations are responsible for the ownership and maintenance these special features. Boulder Ponds 2nd Addition Final Plat Application 2 Boulder Ponds 1st and 2nd Additions are substantially complete, and 3rd Addition Final Plat is anticipated to begin development construction activity summer 2018. The 3rd Addition Final Plat will consist of 33 lots to be incorporated into the existing Boulder Ponds Villa Homeowners Association. While lot lines have been reconfigured from the approved Preliminary Plat, there are changes to density and minimal changes to the trail system and storm water basin designs. INCLUDED ATTACHMENTS: Attachment A – Lot Tabulation, Zoning & Density Final Plat Final Construction Plans Final Landscape Plan Boulder Ponds 2nd Addition Final Plat Application 3 Written Statements a. Landowner’s Name(s), Project Representatives and Contact Information. LANDOWNER/ OP4 Boulder Ponds, LLC DEVELOPER c/o The Excelsior Group, LLC 1660 Highway 100 South, Suite 400 St. Louis Park, MN 55416 Ben Schmidt, Senior Vice President 952.525.3225 Ben.Schmidt@ExcelsiorLLC.com Steph Griffin, Development Manager 952.525.3239 Steph.Griffin@ExcelsiorLLC.com ENGINEER SEH Dave Blommel 320.229.4349 dblommel@sehinc.com SURVEYOR EG Rud Jason Rud 651.361.8200 jrud@egrud.com LANDSCAPE Westwood Professional Services ARCHITECT Cory Meyer 952.906.7437 cory.meyer@westwoodps.com b. Property Address, Zoning, Parcel Size, PID and Legal Description Boulder Ponds 3nd Addition ADDRESS n/a CURRENT ZONING LDR - PUD PARCEL SIZE Acres 13.58 Sq. Ft Approx. 591,545 PID 04-029-21-32-0038 LEGAL DESCR Outlot C, BOULDER PONDS Boulder Ponds 2nd Addition Final Plat Application 4 c. Final Subdivision & Lot Information Please refer to ATTACHMENT A Lot tabulation sheet for lot information. d. How issues have been addressed since Preliminary Plat This 3rd Addition Plat application is consistent with the Preliminary Plat and PUD approval dated September 17, 2014. All outstanding conditions of the Preliminary Plat Resolution are satisfied. Below are the conditions of preliminary approval per Resolution 2014-73 with responses: CONDITION RESPONSE/STATUS 1 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. COMPLETE 2 The developer shall be required to submit an updated parkland dedication calculation in advance of Final Plat. Upon submission of the calculation, the applicant must work with the City to achieve the required parkland dedication amount per the City’s Subdivision Ordinance. The developer shall be required to pay a fee in lieu of land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City’s Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash in lieu of land dedication shall be paid by the applicant prior to the release of the Final Plat for recording. The greenway park lot (Outlot A Boulder Ponds 3rd) will be dedicated with the 3rd Addition plat of development along with trail improvements. 3 The developer shall follow all the rules and regulations of the Wetland Conservation Act and adhere to the conditions of approval for the South Washington Watershed District Permit. PERMIT RECEIVED 4 The applicant will work with the Planning Staff to name all streets in the subdivision in a manner acceptable to the City prior to the submission of Final Plat. Modifications to the Preliminary Plat and Preliminary PUD Plans COMPLETE 5 The applicant will work with staff to address the comments in the City Engineer's review memo dated 7/24/14 to the satisfaction of the City Engineer as part of the Final Plat and Final PUD Plan. COMPLETE 6 In addition to standard easements required by the Subdivision Ordinance, additional drainage and utility easements must be provided extending 10 feet from meandering sidewalks, as well as all of the portion of private lots between meandering sidewalks and the public right-of-way. Where sidewalks encroach onto lots, easements are shown on the Final Plat. Boulder Ponds 2nd Addition Final Plat Application 5 CONDITION RESPONSE/STATUS 7 The landscape plan shall be updated to locate all boulevard trees in between the public street and sidewalk to not interfere with private utilities. COMPLETE 8 All islands and medians internal to the Boulder Ponds development shall be platted as part of the right-of-way and shall be maintained by the Home Owners 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 and open space on the Final Plat. HOA documents specify that public islands and medians (except 5th Street) are the responsibility of the HOA. 9 The design of the northern buffer trail shall be modified to a width of 8 feet as opposed to the regional trail standard of 10 feet. COMPLETE 10 The eastern segment of the northern buffer trail shall be moved to the south to the greatest extent possible with plantings to screen the trail on the north side. COMPLETE Plat Restrictions 11 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. COMPLETE for the 1st and 2nd Additions, will be done for 3rd Addition. 12 The Final PUD Plan will include a development lot book to clarify proper building placement for use in granting building permits for the development. COMPLETE for the 1st and 2nd Additions, will be done for 3rd Addition as well. e. Site Density Calculation The Lot Tabulation submitted with the 1st Addition approvals showed density information for the entire site. In summary: • The overall gross site density (for all phases of development) is calculated at 2.74 dwelling units per acre (DUA). • Net of commercial, ponding and right-of way, the total site density is calculated at 5.18 DUA. f. Phasing of Infrastructure and Other Improvements Grading. Grading for the entire site was completed in 2015. Streets & Utilities. Utility and street construction is complete for the 1st and 2nd Addition, except for the final lift of asphalt in 2nd Addition. The 3rd Addition includes Boulder Ponds 2nd Addition Final Plat Application 6 improvements for 33 Villa lots. It is anticipated that the 1st lift of asphalt will be complete by October 2018. Site Amenities. The main monument on 5th Street and Jade Trail is complete. The planned monument at the Hudson & Jade Trail are also complete. The 2nd Addition landscaping will be complete June 2018, and 3rd Addition expected to be completed by Spring 2019. Model Homes. All the single family and Villa style lots are under contract with one builder. Model homes for each of these product styles are complete and currently used to market the site. Future Phases. 3rd Addition is final plat of the Boulder Ponds project. g. How Concerns of Neighboring Properties Have Been Addressed The only concern raised was at the 2014 public hearing by a Stone Gate Estates neighbor. It was requested that the trail be located as far south as possible. With some grade adjustments, this has been achieved. h. How Conflicts with Nearby Land Uses and/or Disturbances to Wetlands or Natural Areas Have Been Mitigated Northerly Buffer. The future trail between Stone Gate Estates to the north softens the impact of the lot sizes between the two neighborhoods. Transition. The future multi-family site (HDR) provides a transition between the commercial and residential (LDR) uses. 5th Street. 5th Street provides a separation of the residential neighborhood from the surrounding commercial uses. Supplemental Uses. The Boulder Ponds commercial area compliments the other commercial uses along Hudson Blvd. Preservation. The existing wetland is being preserved. i. Justification that Proposal will Not Place Excessive Burden on Infrastructure in the Area. Roads / Traffic. We participated in the construction of 5th Street, a regional MSA road that runs east/west. The City of Lake Elmo has studied the area and determined the new MSA road will be sufficient to serve the new developments in the area. In addition to participation with the construction of 5th Street, we are constructing a north/south road (Jade Trail) connecting Hudson Blvd to 5th Street. Future turn lanes are shown on Hudson Blvd, which are planned for installation when Hudson Blvd is expanded. Boulder Ponds 2nd Addition Final Plat Application 7 Sewer. The site has gravity sewer access along Hudson Blvd that is served by the regional sewer system. This additional capacity has been accounted for in the City of Lake Elmo's Comprehensive Plan. Water Supply. Water will be served by Oakdale’s water supply until such time the City of Lake Elmo can run its own trunk lines to the wider regional development area. Staff has indicated there is sufficient water to serve the development. Parks. A linear park in this 3rd addition of development will connect to the regional system. Staff has indicated that the trail construction or other related improvement costs may be used as an offset to park dedication fees. It is understood that the City is not requiring additional parkland. Fire / Police. The streets were designed to accommodate a ladder fire truck. Boulder Ponds is primarily residential, which tends to have less calls per capita than other property types. j. Proposed Lakeshore Access N/A k. Parks and Open Space Description The linear park located along the northerly property line (Outlot A) will be dedicated and improved with a trail and landscaping with the 3rd phase of development. l. Development Schedule • Grading - COMPLETE • 1st Phase Utility Installation - COMPLETE • 1st phase street & sidewalk construction (1st lift) - COMPLETE • 1st Phase landscape and monument installation – COMPLETE • 2nd lift asphalt on 1st phase streets – COMPLETE • 2nd Addition Improvements (Street & Utilities) – COMPLETE • 3rd Addition Improvements – Summer 2018 - Construction of Boulder Ponds 3rd Addition is anticipated to begin in July 2018 with grading and site work activities, followed by utility and street construction. First lift of asphalt is expected to be complete by September 2018. Boulder Ponds Final Plat/PUD/Zoning Amendment Application ATTACHMENT A Lot Tabulation Boulder Ponds 3rd Addition Lot Block Size (sf) Width (ft) Depth (ft) 1 1 17402 40.53 141.28 2 1 12992 139.97 130.48 3 1 7228 48.63 130.48 4 1 7419 50.54 126.53 5 1 9231 55.8 132.1 6 1 7659 52.42 134.82 7 1 8803 43.02 125.96 8 1 7970 62 123.96 9 1 7376 81.36 123.96 10 1 7559 88.85 117.48 11 1 7923 96.44 118.44 12 1 8532 103.97 124.33 13 1 8340 102.42 108.5 1 2 1504 57.56 153.5 2 2 15257 36.2 127.34 3 2 9310 51.29 112.42 4 2 8340 56.54 135.43 5 2 8568 79.32 153.46 6 2 10376 116.55 142.19 7 2 8806 62.77 121.83 8 2 7515 51.49 121.83 9 2 7659 50.91 119.87 10 2 7721 49.74 119.67 11 2 9138 52.91 134.68 12 2 7224 55.18 130.55 13 2 9153 80.55 134.16 14 2 8711 85.81 138.26 15 2 8816 78.66 138.21 16 2 9541 72.15 145.66 17 2 32368 115.79 135.99 1 3 12072 121.36 107.6 2 3 12839 129.83 107.64 3 3 9459 57.82 142.55 Average Lot Size (sf) 9782 Area Calculations Area (sf) Trails/Sidewalk 24,258 Wetlands & Buffers 0 Dedicated ROW 87,209 (does not include Outlot A) Boulder Ponds Final Plat/PUD/Zoning Amendment Application ATTACHMENT B Tree Study Plan All trees have been cleared from the site, most of which were around the former homestead. A summary of the significant trees surveyed in May 2014 was included with the 1st Addition application. Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Central leader. Top of root ball shall be flush with finished grade. Prior to mulching, lightly tamp soil around the root ball in 6" lifts to brace tree. Do not over compact. When the planting hole has been backfilled, pour water around the root ball to settle the soil. 4" layer of mulch. No more than 1" of mulch on top of root ball. (See specifications for mulch). Trunk caliper shall meet ANSI Z60 current edition for root ball size. Root ball modified as required. Round-topped soil berm 4" high x 8" wide above root ball surface shall be constructed around the root ball. Berm shall begin at root ball periphery. Bottom of root ball rests on existing or recompacted soil. URBAN TREE FOUNDATION © 2014 OPEN SOURCE FREE TO USE 3x's widest dimension of root ball (unmodified soil only) Existing soil. Finished grade Loosened soil. Dig and turn the soil to reduce the compaction to the area and depth shown. Original grade Notes: 1. Modified soil - Depth of soil varies (see specifications for soil modification). 2. Trees shall be of quality prescribed in crown observations and root observations details and specifications. 3. See specifications for further requirements related to this detail. Poorly Drained Soil Notes: 1. Root ball surface shall be positioned to be one - quarter above finished grade. 2. Existing site soil shall be added to create a smooth transition from the top of the raised root ball to the finished grade at a 15% max. slope. #$ 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Trunk caliper shall meet ANSI Z60 current edition for root ball size. Root ball modified as required. Round-topped soil berm 4" high x 8" wide above root ball surface shall be centered on the downhill side of the root ball for 240°. Berm shall begin at root ball periphery. 4" layer of mulch. No more than 1" of mulch on top of root ball. (See specifications for mulch). Existing soil. Original grade Bottom of root ball rests on existing or recompacted soil. Original slope should pass through the point where the trunk base meets substrate/soil. Central leader. Prior to mulching, lightly tamp soil around the root ball in 6" lifts to brace tree. Do not over compact. When the planting hole has been backfilled, pour water around the root ball to settle the soil. Notes: 1. Modified soil - Depth of soil varies (see specifications for soil modification). 2. Trees shall be of quality prescribed in crown observations and root observations details and specifications. 3. See specifications for further requirements related to this detail. Loosened soil. Dig and turn the soil to reduce the compaction to the area and depth shown. Slope sides of loosened soil. URBAN TREE FOUNDATION © 2014 OPEN SOURCE FREE TO USE 3x's widest dimension of root ball (unmodified soil only) 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Central leader. Top of root ball shall be flush with finished grade. Prior to mulching, lightly tamp soil around the root ball in 6" lifts to brace tree. Do not over compact. When the planting hole has been backfilled, pour water around the root ball to settle the soil. 4" layer of mulch. No more than 1" of mulch on top of root ball. (See specifications for mulch). Bottom of root ball rests on existing or recompacted soil. Finished grade Existing soil. Trunk caliper shall meet ANSI Z60 current edition for root ball size. Root ball modified as required. Loosened soil. Dig and turn the soil to reduce the compaction to the area and depth shown. URBAN TREE FOUNDATION © 2014 OPEN SOURCE FREE TO USE 3x's widest dimension of root ball (unmodified soil only)Notes: 1. Modified soil - Depth of soil varies (see specifications for soil modification). 2. Trees shall be of quality prescribed in crown observations and root observations details and specifications. 3. See specifications for further requirements related to this detail. Poorly Drained Soil Notes: 1. Root ball surface shall be positioned to be one - quarter above finished grade. 2. Existing site soil shall be added to create a smooth transition from the top of the raised root ball to the finished grade at a 15% max. slope. # Round-topped soil berm 4" high x 8" wide above root ball surface shall be constructed around the root ball. Berm shall begin at root ball periphery. 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Central leader. Original slope should pass through the point where the trunk base meets substrate/soil. Prior to mulching, lightly tamp soil around the root ball in 6" lifts to brace tree. Do not over compact. When the planting hole has been backfilled, pour water around the root ball to settle the soil. Trunk caliper shall meet ANSI Z60 current edition for root ball size. Root ball modified as required. Round-topped soil berm 4" high x 8" wide above root ball surface shall be centered on the downhill side of the root ball for 240°. Berm shall begin at root ball periphery. 4" layer of mulch. No more than 1" of mulch on top of root ball. (See specifications for mulch). Bottom of root ball rests on existing or recompacted soil. Original grade Loosened soil. Dig and turn the soil to reduce the compaction to the area and depth shown. Existing soil. Slope sides of loosened soil. Notes: 1. Modified soil - Depth of soil varies (see specifications for soil modification). 2. Trees shall be of quality prescribed in crown observations and root observations details and specifications. 3. See specifications for further requirements related to this detail. . URBAN TREE FOUNDATION © 2014 OPEN SOURCE FREE TO USE $ 3x's widest dimension of root ball (unmodified soil only)Notes: 1. Modified soil - Depth of soil varies (see specifications for soil modification). 2. Shrubs shall be of quality prescribed in the root observations detail and specifications. 3. See specifications for further requirements related to this detail. Loosened soil. Dig and turn the soil to reduce the compaction to the area and depth shown. Rootball. 4" high x 8" wide round - topped soil berm above root ball surface shall be constructed around the root ball. Berm shall begin at root ball periphery. Prior to mulching, lightly tamp soil around the root ball in 6" lifts to brace shrub. Do not over compact. When the planting hole has been backfilled, pour water around the root ball to settle the soil. 4" layer of mulch. No more than 1" of mulch on top of root ball. (See specifications for mulch). Root ball rests on existing or recompacted soil. Slope sides of loosened soil. Existing soil. Finished grade. Shrub. URBAN TREE FOUNDATION © 2014 OPEN SOURCE FREE TO USE 3x's widest dimension of root ball (unmodified soil only) # 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Notes: 1. Modified soil - Depth of soil varies (see specifications for soil modification). 2. Shrubs shall be of quality prescribed in the root observations detail and specifications. 3. See specifications for further requirements related to this detail. Loosened soil. Dig and turn the soil to reduce the compaction to the area and depth shown. Rootball. 4" high x 8" wide round - topped soil berm above root ball surface shall be centered on the downhill side of the root ball for 240°. Berm shall begin at root ball periphery. Prior to mulching, lightly tamp soil around the root ball in 6" lifts to brace shrub. Do not over compact. When the planting hole has been backfilled, pour water around the root ball to settle the soil. 4" layer of mulch. No more than 1" of mulch on top of root ball. (See specifications for mulch). Root ball rests on existing or recompacted soil. Slope sides of loosened soil. Existing soil. Shrub. 3x's widest dimension of root ball (unmodified soil only) $ URBAN TREE FOUNDATION © 2014 OPEN SOURCE FREE TO USE Original slope should pass through the point where the trunk meets substrate/soil. 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Tree Protection fence: High density polyethylene fencing with 3.5" x 1.5" openings; Color - orange. Steel posts installed at 8' o.c. Maintain existing grade with the tree protection fence unless otherwise indicated on the plans. 2" x 6' steel posts or approved equal. 8.5" x 11" sign laminated in plastic spaced every 50' along the fence. KEEP OUT TREE PROTECTION AREA 56#0&&4#9+0)01 .#-''./1 %+6;1(.#-''./1 ('$47#4; Notes: 1. See specifications for additional tree protection requirements. 2. If there is no existing irrigation, see specifications for watering requirements. 3. No pruning shall be performed except by approved arborist. 4. No equipment shall operate inside the protective fencing including during fence installation and removal. 5. See site preparation plan for any modifications with the Tree Protection area. 6. See tree preservation plan for fence alignment. At a minimum fence shall extend to the crown drip line. Outside of the crown dripline of the tree contractor can open trench. 8-12" thick layer of mulch on maintenance road; 5" thick layer inside tree protection area. Contractor to bore under the crown dripline of the tree URBAN TREE FOUNDATION © 2014 OPEN SOURCE FREE TO USE PAGE 1 of 2 MEMORANDUM Date: May 25, 2018 To: Emily Becker, Planning Director Re: Boulder Ponds 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 the Boulder Ponds 3rd Addition. Final Plat/Final Construction Plans were received on May 1, 2018. The submittal consisted of the following documentation: Boulder Ponds 3rd Addition Preliminary Plat, dated SetpApril 19, 2018, prepared by E.G. Rud & Sons, Inc. Boulder Ponds 3rd Addition Final Plat, dated April 19, 2018, prepared by E.G. Rud & Sons, Inc. Boulder Ponds 3rd Addition Construction Plans dated April 26, 2018, prepared by SEH, Inc. Boulder Ponds Landscape Plans, dated April 23, 2018, prepared by Westwood Professional Services. 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: BOULDER PONDS 3RD ADDITION Outlot A (trail & storm water management) must be dedicated to the City as part of the Final Plat. The Jade Cove North center island (street geometrics & sidewalk) will be platted as right‐of‐way as required by preliminary plat approval. The center island landscaping should be HOA maintained and addressed in the Landscape Maintenance Agreement. The Boulder Ponds 3rd Addition Final Plat approval should be conditioned upon the construction of a Hudson Boulevard eastbound left turn lane and westbound right turn lane onto Jade Trail North. These turn lanes must be constructed meeting Municipal State Aid design standards for 50 mph road. The Hudson Boulevard turn lanes are a requirement of Preliminary Plat per Resolution 2014‐73 and addressed specifically in the Engineer’s Preliminary Plat review memo dated 07/24/2018. The turn lanes were not required to be constructed as part of the Boulder Ponds 1st or 2nd Additions. Boulder Ponds 3rd Addition is the last phase for which the improvements can be incorporated. As presented, the driveway for Lot 6, Block 2 must access Jade Trail North and not Jade Cove North even though the higher grade side of the lot is along Jade Cove North. Frontage along Jade Cove North is not adequate for a driveway. Boulder Ponds 3rd Addition includes meandering sidewalks which, when implemented, does not comply with the City standard boulevard layout. Therefore, an alternate boulevard layout plan must detail the proposed changes for City review and approval and easements must be amended as necessary to accommodate all right‐of‐way infrastructure, including sidewalk location, boulevard trees, hydrants, street lights, street signs, water and sewer service stubs, and location for the private utility trench. 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 Also, to address the meandering sidewalks, Final Plat must be conditioned on the building setbacks being a minimum of 25 ft. from the sidewalk, when the sidewalk resides outside of the right‐of‐way (i.e. Lots 1, 2, and 4‐7, Block 1). Final Construction Plans and Specifications must be revised in accordance with the Construction Plan engineering review email dated May 25, 2018 and any subsequent engineering review completed upon receipt of updated construction plans. 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. Easements may need to be revised pending review by the City of a detailed right‐of‐way boulevard plan and updated grading plans showing the storm water high water levels. The Final Plat shall not be recorded until final construction plan approval is granted. Final Plat should be contingent upon the City receiving copies of fully executed temporary construction easements or property owner permissions in a form acceptable to the City Attorney that allows for the construction and grading activities for all work off‐site from the proposed Plat limits. Final Plat should be contingent upon receipt and City Attorney review of any agreements between the Developer and the BP Pipeline easement area and the Xcel Energy Transmission Easement area, demonstrating that said agreements in no way unacceptably encumbers the City. FINAL CONSTRUCTION PLANS & SPECIFICATIONS All Outlots to be owned by the City, all easements and all right‐of‐way as requested by the City Engineer and Public Works department shall be documented on the Final Construction Plans. 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 May 25, 2018. No construction for Boulder Ponds 3rd Addition may begin until the applicant has received City Engineer approval for the Final Construction Plans; 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. Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com To: Emily Becker, City of Lake Elmo Planning Director From: Lucius Jonett, Wenck Landscape Architect Date: May 7, 2018 Subject: City of Lake Elmo Landscape Plan Review Boulder Ponds – 3rd Addition, Final Review #1 Submittals Final Boulder Ponds Landscape Plans, dated 04/26/2018, received 05/01/2018. Location: Area between Hudson Blvd North and 5th Street, east of Bremer Bank (8555 Eagle Point Blvd # 110, Lake Elmo, MN 55042) and west of Lampert Lumber (9220 Hudson Blvd N, Lake Elmo, MN 55042). Land Use Category: Urban Low Density Surrounding Land Use Concerns: There were some issues with utilities in the review of the preliminary landscape plan and there is potential conflict in the median with Jade Cove Trail cul-de-sac. Additionally, a condition of preliminary plat indicated that the eastern portion of the northern buffer trail needs to be moved to the south to the greatest extent possible with plantings to the screen the trail on the north side. Special Landscape Provisions in addition to Zoning Code: None Tree Preservation: A tree survey/preservation plan has not been provided, but landscape design plans indicate that 121 caliper inches of tree replacement are required. Irrigation Plan: 5th Street Design Standards required landscape irrigation for the boulevard and center landscaped medians; site irrigation for boulevard areas, and drip irrigation for center landscaped medians. A landscape plan has not been submitted for the 5th Street area showing the system layout, the irrigation connections to municipal water supply, critical station analysis and detailing control system components. Emily Becker Planning Director City of Lake Elmo May 7, 2018 2 S:\City Council\City Council Packets\2018\6-19-18\Boulder Ponds 3rd Addition Final Plat\5 2018-05-07 Landscape Plan Review.docx Landscape Requirements: The 2nd addition final landscape plans do not meet the code required number of trees in a tree by tree count; ornamental trees do not count toward tree replacement or landscape requirements. Landscape requirements were calculated by caliper inches using larger evergreen tree sizes to achieve larger numbers and do not meet the overall landscaping requirements either. Master Plan 1st Addition 2nd Addition Required Proposed Proposed Street frontage 10,043 Lineal Feet Lake Shore 0 Lineal Feet Stream Frontage 0 Lineal Feet Total Linear Feet 10,043 Lineal Feet /50' = Required Frontage Trees 201 Trees Development or Disturbed Area - SF Development or Disturbed Area 48.8 Acres x5 = Required Development Trees 244 Trees 5th Street frontage 3,965 Lineal Feet /40' = Required Frontage Trees 99 Trees Required Mitigation Trees (2.5" cal.)* 49 Trees Total Proposed Code Required Number of Trees (2.5" cal.)** 494 198 133 331 Frontage Required Number of Trees (4" cal.) 99 48 51 99 Total Proposed 593 246 184 430 *Proposed 97 ornamental trees not included in tree count to satisfy landscape requirement. 1. A minimum one (1) tree is proposed for every fifty (50) feet of street frontage. 2. A minimum of five (5) trees are proposed to be planted for every one (1) acre of land that is developed or disturbed by development activity. The final landscape plans meet the minimum of twenty-five percent (25%) of the required number of trees shall be deciduous shade trees and a minimum of twenty-five percent (25%) of the required number of trees be coniferous trees. Phase 1 Qty % Composition Deciduous Shade Tree 141 71% >25% required Coniferous Tree 57 29% >25% required Ornamental Trees* 68 5th St Blvd Trees* 48 Tree Count 198 Emily Becker Planning Director City of Lake Elmo May 7, 2018 3 S:\City Council\City Council Packets\2018\6-19-18\Boulder Ponds 3rd Addition Final Plat\5 2018-05-07 Landscape Plan Review.docx Phase 2 Qty % Composition Deciduous Shade Tree 96 72% >25% required Coniferous Tree 37 28% >25% required Ornamental Trees* 29 5th St Blvd Trees* 51 Tree Count 133 *Ornamental & 5th St. Blvd. trees are not included in composition calculations A. A landscape plan has been submitted that meets all requirements. Findings: 1. Submitted landscape plans are consistent with the previous final landscape plans dated 03-01-2016. With some minor changes including a trail alignment change on Jade Cove Island and some amenities (picnic table, shelter and grill station) being relocated or removed from Outlot J. 2. Landscape tree requirements are not met in either tree count or caliper inch calculations. 3. Irrigation design plans or details have not been included to document the 5th Street Design requirements. Recommendation: It is recommended that conditions of approval include: 1. Amend landscape plans to provide required number of trees (111 caliper inches more) to meet requirements. Ornamental trees do not count towards required number of trees. 2. Submit irrigation plans for 5th Street boulevard and median areas. Sincerely, Lucius Jonett, PLA (MN) Wenck Associates, Inc. City of Lake Elmo Municipal Landscape Architect 1 Resolution 2018-065 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-065 A RESOLUTION APPROVING A FINAL PLAT AND FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR THE BOULDER PONDS 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, OP4 Boulder Ponds, LLC c/o The Excelsior Group, LLC, 1660 Highway 100 South, Ste 400, St. Louis Park, MN 55416, has submitted an application to the City of Lake Elmo (“City”) for a Final Plat and Final PUD Plan for the Boulder Ponds 3rd Addition residential development, a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, the City approved the Boulder Ponds PUD General Concept Plan on December 17, 2013; and WHEREAS, the City approved the Boulder Ponds Preliminary Plat and Preliminary PUD Plan on September 16, 2014; and WHEREAS, the proposed Boulder Ponds 3rd Addition Final Plat and Final PUD Plan includes 33 single family residential lots within a planned development on Outlot K, Boulder Ponds in Stage 1 of the I-94 Corridor Planning Area; and WHEREAS, the Lake Elmo Planning Commission reviewed the Final Plat and Final PUD Plans on May 30, 2018; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan subject to 12 conditions of approval; 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 June 19, 2018 Council Meeting; and WHEREAS, the City Council reviewed the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan at its meeting held on June 19, 2018 and made the following findings of fact: 1) That the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014. 2 Resolution 2018-065 2) That the Boulder Ponds 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. 3) That the Boulder Ponds 3rd Addition Final Plat generally complies with the City’s Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans and decreased front and rear yard lot widths that are less than the minimum lot widths required by the City’s Urban Low Density Residential zoning district and Subdivision Regulations. 4) That the Boulder Ponds 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. 5) That the Boulder Ponds 3rd Addition Final Plat complies with the City’s subdivision ordinance. 6) That the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan complies with the City’s Planned Unit Development Ordinance. 7) That the Boulder Ponds 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 May 25, 2018. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Boulder Ponds 3rd Addition Final Plat and Final PUD Plan subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility 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 plat and plans requested by the City Engineer in memos dated May 25, 2018 shall be incorporated into these documents before prior to signing the Plat for recording. 2) Outlot A shall be dedicated to the City. 3) Garages shall be setback at least 25 feet and homes shall be setback at least 20 feet from sidewalks that are not within the public right-of-way. 4) Prior to the release of the Final Plat for recording, 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 with financial guarantees therefore. 5) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to recording. Easements may need to be revised pending review by the City of a detailed right-of-way boulevard plan and updated grading plans showing the storm water high water levels. 3 Resolution 2018-065 6) The Final Landscape and Irrigation Plans shall be submitted for review and approval by the City Landscape Architect Consultant prior to the release of building permits. 7) Plantings to sufficiently screen the northern portion of the northern buffer trail shall be provided on the Final Landscape Plan to be approved by the City’s Landscape Architect. 8) The applicant shall provide evidence that all conditions attached to the South Washington Watershed District permit for the Final Plat and associated grading work have been met prior to the release of the Final Plat for recording. 9) Final Plat shall be contingent upon receipt and City Attorney review of any agreements between the Developer and the BP Pipeline easement area and the Xcel Energy Transmission Easement area, demonstrating that said agreements in no way unacceptably encumbers the City. 10) The applicant shall provide a complete development lot book for all lots in Phase 3 of the Boulder Ponds development clarifying proper building placement for use in granting building permits prior to the release of Final Plat for recording. 11) That a License and Maintenance Agreement for Landscaping Improvements be executed for the maintenance of commonly held Common Interest Community (CIC) and City outlots and rights-of-ways prior to release of the final plat for recording. The agreement shall state that the Jade Cove North center island shall be maintained by the Homeowners’ Association. 12) The eastbound left turn lane and westbound right turn lane on to Jade Trail North as shown on the approved Boulder Ponds Preliminary Plans must be constructed prior to release of building permits for Boulder Ponds 3rd Addition. Passed and duly adopted this 19th day of June, 2018 by the City Council of the City of Lake Elmo, Minnesota ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk