HomeMy WebLinkAbout6-5-18 packet 1-12
NOTICE OF MEETING
City Council Meeting
Tuesday, June 5, 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. May 15, 2018
D. Public Comments/Inquires
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements and Payroll
3. Approve Conditional Job Offers for Part Time Firefighters
4. Accept Resignation of Jeremy Penman as Part Time Firefighter
5. Approve Zip Line at Savona Park
6. Approve Release Warranty Security for Village East Trunk Sewer Improvements
7. Approve Release Warranty Security for Village Preserve 1st Addition
8. Approve AE2S Task Order for 2018 Water System Evaluation Update
G. Regular Agenda
9. Resolution Relating to EDA Taxable Public Project Lease Revenue and Limited Tax Bonds, Series
2018A; transfer of property; and lease purchase agreement
10. Old Village Phase 4 Improvements – Award Contract with Change Order; Adopt Final Assessment Roll
11. Ms4 Program Public Meeting and Approval of Annual Report
12. National Night Out Event at Lions Park
13. 2040 Comprehensive Plan Draft for Adjacent Jurisdictional Review
H. Council Reports
I. Staff Reports and Announcements
J. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
CITY OF LAKE ELMO
CITY COUNCIL MINUTES
MAY 15, 2018
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7:00 pm.
PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Jill Lundgren and Christine
Nelson ABSENT: Councilmember Julie Fliflet
Staff present: Administrator Handt, City Attorney Sonsalla, Finance Consultant Swanson,
Assistant Administrator Foster, City Engineer Griffin, Planning Director Becker, City Planner
Prchal and City Clerk Johnson.
APPROVAL OF AGENDA
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE
AGENDA AS PRESENTED. Motion passed 4 – 0.
ACCEPT MINUTES
Minutes of the May 1, 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
LAKE ELMO CITY COUNCIL MINUTES
MAY 15, 2018
Page 2 of 7
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
14. Approve Royal Golf Security Reduction
15. Accept Resignation of Firefighter Paul Jorgenson
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE
CONSENT AGENDA AS PRESENTED. Motion passed 4 - 0.
ITEM 16: Old Village Phase 4 Street & Utility Improvements –Public Improvement and
Final Assessment Hearing
City Engineer Griffin presented the scope of the proposed improvements, project schedule,
proposed assessment amounts and park/trail improvements.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO OPEN THE
PUBLIC HEARING ON PUBLIC IMPROVEMENT AND FINAL ASSESSMENTS. Motion
passed 4 – 0.
Susan Prokosh, 11240 32nd Street North, inquired about the number of SAC units assigned to her
duplex at 11223 32nd Street North.
John Schiltz, Lake Elmo Inn Event Center, 3712 Layton Avenue North, commented on reduction
of parking at the Event Center and questioned the increase in value the project would bring to his
property.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO CLOSE THE
PUBLIC HEARING. Motion passed 4 – 0.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT
RESOLUTION 2018-049 ORDERING THE IMPROVEMENTS FOR THE OLD VILLAGE
PHASE 4 STREET, DRAINAGE AND UTILITY IMPROVEMENTS.
Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO AMEND THE
PRIMARY MOTION TO DIRECT STAFF TO REVISE THE PROJECT PLAN TO
INCLUDE RIGHT ANGLE PARKING ON LAYTON AVENUE AT THE LAKE ELMO
EVENT CENTER. Motion failed 0 – 4.
Primary motion passed 4 – 0.
LAKE ELMO CITY COUNCIL MINUTES
MAY 15, 2018
Page 3 of 7
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT
RESOLUTION 2018-050 ADOPTIONG THE FINAL ASSESSMENT ROLL FOR THE OLD
VILLAGE PHASE 4 STREET, DRAINAGE AND UTILITY IMPROVEMENTS.
Discussion held concerning potential alterations to the project plan.
Councilmember Bloyer, seconded by Mayor Pearson, moved TO TABLE THE CURRENT
MOTION TO THE JUNE 5, 2018 MEETING. Motion passed 4 – 0.
ITEM 17: Old Village Phase 4 Street & Utility Improvements – Accept Bids and Award
Contract
City Engineer Griffin provided an overview of the bids received for the project. Discussion was
held concerning the parking on Layton Avenue at the Lake Elmo Inn Event Center and
potentially altering the project to exclude two properties on Layton Avenue.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO TABLE
ACCEPTANCE OF BIDS TO THE NEXT COUNCIL MEETING. Motion passed 4 – 0.
ITEM 18: 2018 Street Improvements – Accept Bids and Award Contract
City Engineer Griffin reviewed the bids received and project breakdown.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2018-051 ACCEPTING BIDS AND AWARDING A CONTRACT TO VALLEY
PAVING, INC. IN THE AMOUNT OF $1,043,136.70 FOR THE 2018 STREET
IMPROVEMENTS; AND TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER
INTO A MATERIAL TESTING CONTRACT IN THE NOT TO EXCEED AMOUNT OF
$20,000. Motion passed 4 – 0.
ITEM 19: Updated Purchasing Policy
Finance Consultant Swanson presented the updated Purchasing Policy prepared by staff and the
Finance Committee.
Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE THE REVISED
PURCHASING POLICY DATED MAY 15, 2018 WITH THE DELETION OF THE
PERCENTAGE LIMIT IN THE CHANGE ORDERS SECTION. Motion passed 3 – 0 – 1.
(Lundgren – present)
LAKE ELMO CITY COUNCIL MINUTES
MAY 15, 2018
Page 4 of 7
ITEM 20: 9369 Jane Road Variance
City Planner Prchal reviewed the request for a variance to allow construction of an addition to
the home for a side loading garage, reconfiguration of the driveway and a deck on the rear of the
home. Prchal also reviewed findings and conditions for approval.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT
RESOLUTION 2018-052 APPROVING THE REQUEST FOR SHORELAND VARIANCES
FROM THE MINIMUM STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER
LEVEL, SIDE YARD SETBACK, FRONT YARD SETBACK AND MAXIMUM
IMPERVIOUS SURFACE STANDARDS, SUBJECT TO CONDITIONS OF APPROVAL 1,
2, 3, 4, AND 5 IDENTIFIED BY STAFF. Motion passed 4 – 0.
ITEM 21: Golf Cart Ordinance
City Planner Prchal presented a proposed ordinance to allow operation of golf carts on public
streets within the City and reviewed comments from the Public Safety Committee.
Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT ORDINANCE 08-
209 ADDING NEW LANGUAGE AS IT APPLIES TO THE ALLOWANCE OF GOLF
CARTS ON CITY STREETS IN THE GCC ZONING DISTRICT WITHIN THE CITY OF
LAKE ELMO.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO AMEND
ORDINANCE 08-209 TO STRIKE PARAGRAPH D1. Motion passed 4 – 0.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO AMEND
ORDINANCE 08-209 TO STRIKE PARAGRAPH G3. Motion passed 3 – 1. (Pearson – nay)
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO AMEND
ORDINANCE 08-209 TO STRIKE PARAGRAPHS G8 AND G9. Motion passed 4 – 0.
Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE AGENDA ITEM 21.
Motion passed 4 – 0.
Robert Weyer, 4259 Ivy Ct., commented in support of the use of golf carts on City streets.
Scott Richie, 8720 42nd St. N., commented that he has been using his golf cart on City streets and
would like to be able to continue that use.
LAKE ELMO CITY COUNCIL MINUTES
MAY 15, 2018
Page 5 of 7
Jean Olinger, 9057 Lake Jane Tr., stated that she and family members have been using golf carts
for years and they are a great convenience.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO PULL AGENDA
ITEM 21 OFF THE TABLE. Motion passed 4 – 0.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO DIRECT STAFF
TO REWRITE SECTION I TO ALLOW GOLF CARTS ON LOCAL STREETS WITH A
SPEED LIMIT OF 30 MPH OR LESS CITYWIDE IN LAKE ELMO. Motion passed 4 – 0.
Primary motion passed 4 – 0.
Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-
210 AMENDING THE CITY’S FEE SCHEDULE TO ADD A GOLF CART PERMIT FEE.
Motion passed 4 – 0.
Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION
2018-053 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-209 AND
ORDINANCE 08-210. Motion passed 4 – 0.
ITEM 22: 2040 Comprehensive Plan Extension Request
Planning Director Becker explained the need for an extension of time from the Metropolitan
Council for submission of the City’s 2040 Comprehensive Plan.
Councilmember Nelson, seconded by Councilmember Bloyer, moved TO ADOPT
RESOLUTION 2018-054 REQUESTING ADDITONAL TIME WITHIN WHICH TO
COMPLETE THE COMPREHENSIVE PLAN DECENNIAL REVIEW OBLIGATIONS.
Motion passed 3 – 1. (Lundgren – nay)
ITEM 23: Accessory Structure Ordinance Update
Planning Director Becker reviewed proposed updates to the accessory structure ordinance that
would exempt ground mount solar energy systems.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT
ORDINANCE 08-210 APPROVING AMENDMENTS TO THE ACCESSORY STRUCTURE
ORDINANCE EXEMPTING SOLAR ENERGY SYSTEMS AND STORAGE OR TOOL
LAKE ELMO CITY COUNCIL MINUTES
MAY 15, 2018
Page 6 of 7
SHEDS FROM THE SIZE AND NUMBER REQUIREMENTS IN RESIDENTIAL
DISTRICTS AND SPECIFYING THE DEFINITION OF AND ALLOWANCES FOR
AGRICULTURAL BUILDINGS. Motion passed 4 – 0.
Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION
2018-055 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-210. Motion
passed 4 – 0.
ITEM 24: Easton Village 4th Addition Final Plat
Planning Director Becker reviewed the proposed final plat for Easton Village 4th Addition and
the recommended conditions of approval.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2018-056 APPROVING THE EASTON VILLAGE 4TH ADDITION FINAL
PLAT WITH 10 CONDITIONS OF APPROVAL. Motion passed 4 – 0.
ITEM 25: Easton Village 4th Addition Development Agreement
Planning Director Becker provided a brief overview of the proposed Development Agreement
for Easton Village 4th Addition.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2018-057 APPROVING THE DEVELOPMENT AGREEMENT FOR
EASTON VILLAGE 4TH ADDITION FINAL PLAT. Motion passed 4 – 0.
COUNCIL REPORTS
Mayor Pearson: Attended Hagberg’s grand re-opening.
Councilmember Nelson: Attended Hagberg’s grand re-opening and announced grand opening
of the Sally Manzara Nature Center on June 2nd from 10:00 a.m. to 2:00 p.m.
Councilmember Lundgren: Attended the Fire Relief meeting.
Councilmember Bloyer: No report
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Beginning work on the 2019 budget, meeting with stage agencies
regarding water issues and noted that Brian Swanson would be leaving employment with the
City’s Finance Department soon.
LAKE ELMO CITY COUNCIL MINUTES
MAY 15, 2018
Page 7 of 7
City Attorney Sonsalla: Working on Easton Village 4th Addition document review and Royal
Golf 2nd Addition document review.
Planning Director Becker: Noted second public hearing for the 2040 comp plan will be held
during the Planning Commission meeting on May 30th.
City Engineer Griffin: Reported that Washington County will be working on pavement re-
marking at the roundabout at Jamaca Ave.
Meeting adjourned at 9:18 p.m.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: June 5, 2018
CONSENT
ITEM #: 3
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Conditional Job Offer to Part Time Firefighter Applicants, Sam Goecke and
Simon Wirth
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
The City advertised for applications for Part Time Firefighter positions. On Tuesday May 22nd applicants
were interviewed by staff.
ISSUE BEFORE COUNCIL:
Should the Council make a conditional job offer to Sam Goecke and Simon Wirth, to allow them to
continue in the hiring process?
PROPOSAL DETAILS/ANALYSIS:
Staff is recommending the Council make the offer to both applicants to allow them to proceed in the process.
Both applicants have met the minimum requirements of the hiring process as well as the interview process.
Upon approval of this Conditional Job Offer applicants will move forward in the process. Pending
successful completion of the following: 1) Background Check, 2) Ability Test, 3) Pre-Placement Physical
and 4) Pshychological Evaluation, applicants will be placed on the department as Part Time Firefighters
under a six month probationary period.
FISCAL IMPACT:
Psychological Exam = $425.00 x 2, Preplacement Physical Exam = $363.00 x 2 for a total of
$1576.00.
Wage of $17.00/hour when shift coverage starts. Wage and benefits are provided within the 2018
adopted budget.
OPTIONS:
1) Make conditional job offer to continue with process.
2) Do not approve conditional job offers
RECOMMENDATION:
If removed from consent agenda:
Motion of a conditional job offer to Sam Goecke and Simon Wirth, to allow them to continue with
and complete the additional requirements of the hiring process. 1) Background Check, 2) Ability
Test, 3) Pre-Placement Physical and 4) Pshychological Evaluation.
ATTACHMENTS:
None
STAFF REPORT
DATE: June 5, 2018
CONSENT
ITEM #: 4
TO: Mayor and Council
AGENDA ITEM: Accept resignation of Firefighter Jeremy Penman
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND:
Firefighter Jeremy Penman submitted his resignation as Part-time Firefighter effective May 1st. Mr.
Penman will be staying on as a Paid-on-Call and Substitute Firefighter
ISSUE BEFORE COUNCIL:
Should the Council accept Jeremy Penman’s resignation as Part-time Firefighter?
PROPOSAL:
Staff recommends accepting Jeremy Penman’s resignation as Part-time Firefighter.
RECOMMENDATION:
If removed from the consent agenda:
“Move to accept Jeremy Penman’s resignation as Part-time Firefighter.”
ATTACHMENTS: None
STAFF REPORT
DATE: 6/5/2018
CONSENT
ITEM #: 5
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Savona Park Zip Line
REVIEWED BY: Ben Prchal, City Planner
Kristina Handt, City Administrator
BACKGROUND: In March 2017 the City Council reviewed and approved amenities to be included in
the construction of Savona Park. Residents of the neighborhood submitted requests for amenities and
brought those request forward for staff and Parks Commission review.
ISSUE BEFORE COUNCIL: Does the City Council support and approve installation of a Zip Line in
lieu of a basketball court?
PROPOSAL DETAILS/ANALYSIS: Since Commission recommendation and Council approval of
Savona Park Construction several obstacles have risen with the size and topography of the park parcel along
with orientation and installation of park amenities. One such challenge is the installation of a basketball
court. With the natural features of the land staff feels it will be difficult to install a basketball court without
significant grading and tree removal. Grading needs to take place to ensure the natural water drainage is
diverted away from the proposed court location and tree removal will need to take place allowing for
grading and adequate space for the court. If the required number of trees are removed to allow for drainage
and basketball court installation a “natural buffer” between the park and several residential back yards will
no longer exist.
After review of the initial survey and amenity request from Savona residents, staff feels the addition of a
zip line in place of the basketball court will meet the needs of area residents. An email was sent to the
original survey facilitator and support for the zip line was confirmed rather than removal of several trees to
allow for a basketball court.
FISCAL IMPACT: No new addition impact is expected beyond the approved $150,000
OPTIONS: - Approve Zip Line installation in place of basketball court
- Deny Zip Line installation and continue with basketball court installation
- Table for further discussion
RECOMMENDATION: if removed from Consent Agenda
“Motion to approve installation of a Zip Line in lieu of a basketball court at Savona Park”
ATTACHMENTS:
• Zip Line Drawings
• Quote
Savona Park- Glide Along
Lake Elmo, MN
GLIDE ALONG STANDARD
682
59'
25'-9"
AN ENERGY ABSORBING PROTECTIVE SURFACEIS REQUIRED UNDER & AROUND ALL PLAYSYSTEMS
GROUND SPACE:
PROTECTIVE AREA:
DRAWN BY:DATE:
PHONE NO:
FAX NO:
To promote safe and proper equipment useby children. Miracle recommends theinstallation of either a Miracle safety sign orother appropriate safety signage near eachplaysystem's main entry point(s) to informparents and supervisors of the ageappropriateness of the playsystem andgeneral rules for safe play.
COMPLIES TO ASTM/CPSC
THE PLAY COMPONENTS IDENTIFIED IN THISPLAN ARE IPEMA CERTIFIED. THE USE ANDLAYOUT OF THESE COMPONENTS CONFORMTO THE REQUIREMENTS OF ASTM F1487.
R0013_43220456601
Lake Elmo, MN
Savona Park-Glide Along
(651) 438-3939
(651) 438-3630
Hastings,MN
1442 Brooke Court
4/30/2018Jay Webber
58'-6" x 25'-6"
46'-0" x 13'-6"
WEBBER RECREATIONAL DESIGN, INC.
4/30/2018 Page 1 of 3
QUOTE: R0013183100
Miracle Recreation Equip. Co.
878 E. US Hwy 60
Monett, MO 65708
1-888-458-2752
QUOTE: R0013183100
CUSTOMER: 5504B09
Project: R0013_43220456601_01
Prepared For: Project Name & Location: Prepared by:
Rob Weldon Savona Park Webber Recreational Design, Inc.
City of Lake Elmo
3800 Laverne Avenue N.
Lake Elmo, MN 55042
(651) 747-3941 (phone)
RWeldon@lakeelmo.org
Glide Along
1442 Brooke Court
Hastings, MN 55033
(651) 438-3630 (phone)
(651) 438-3939 (fax)
jwebber@webberrec.com
Ship To Address: End User:
Rob Weldon Rob Weldon
City of Lake Elmo
3445 Ideal Avenue N.
Lake Elmo, MN 55042
(651) 248-7828 (phone)
RWeldon@lakeelmo.org
City of Lake Elmo
3445 Ideal Avenue N.
Lake Elmo, MN 55042(651)
248-7828 (phone)
RWeldon@lakeelmo.org
Quote Number: R0013183100
Quote Date: 4/30/2018
Valid For: 30 Days From Quote Date
PlayArea_1
Product line: KidsChoice
Age group: 5-12
Global defaults
Accent - FS FOREST GREEN
Post - FS DARK BROWN
PVC - FS SAND
Components
Part Number Description Qty Weight
682 GLIDE ALONG STANDARD 1 1,300.00
Parts By Other
Part Number Description Qty Weight
12" EWF 12" Compacted Engineered Wood Fiber Delivered
and Spread! (100 Yards)
1 0.00
4/30/2018 Page 2 of 3
QUOTE: R0013183100
Totals:
Equipment Weight: 1,300.00 lbs
Equipment Price: $8,813.00
Freight: $704.60
Installation: $4,200.00
Products by Other: $2,950.00
SubTotal: $16,667.60
Grand Total: $16,667.60
Notes:
This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company
(“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from
Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales
Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to
Customer (with copy to Sales Representative) via fax or email.
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by
Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the
Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by
Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757,
Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due
invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes,
license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of
Miracle Recreation Equipment Company.
Quote Number: R0013183100 Quote Date: 4/30/2018 Equipment: $8,813.00 Grand Total: $16,667.60
CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE
AND SUBJECT TO FINAL APPROVAL BY MIRACLE.
Submitted By Printed Name and Title Date
THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT
By: Date:
ADDITIONAL TERMS & CONDITIONS OF SALE
1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate
safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety
Commission Handbook for Public Playground Safety.
2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the
terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all
remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code.
Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment
or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All
remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer
shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under
law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent
in such month and is not received by Miracle within ten (10) days after the date on which due.
4/30/2018 Page 3 of 3
QUOTE: R0013183100
3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD
WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL
CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO
MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN
APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES
INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC
PLAYGROUND SAFETY.
4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached
under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to
any location not specified in this Quote.
5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase
money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer
agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the
Equipment.
6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be
governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of
the state and federal courts located in the city and county of St. Louis, Missouri.
7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all
risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty
shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall
insure the Equipment against all such losses and casualties.
8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or
cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in
writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of
any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the
remaining valid portions hereof.
9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing
exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written
instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that
Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and
time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and
their successors and assigns.
10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in
counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and
retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either
party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document.
Rev E 021815
STAFF REPORT
DATE: June 5, 2018
CONSENT
ITEM #: 6
AGENDA ITEM: Village East Trunk Sewer Improvements – Approve Release of Warranty
Security
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Emily Becker, Planning Director
Rob Weldon, Public Works Director
ISSUE BEFORE COUNCIL: Should the City Council approve release of warranty security for the
Village East Trunk Sewer Improvements?
PROPOSAL DETAILS/ANALYSIS: The Village East Trunk Utility Improvements were constructed by
the developers for Village Preserve and Wildflower to support their subdivisions with sanitary sewer. The
project was completed and accepted by the City in February 2016 and the 2-year warranty period was
initiated. A security in the amount of 25% of the original security ($190,501.75) was retained for the
warranty period.
Staff has received and processed a request to release the warranty security for the Village East Trunk Sewer
Improvements. A warranty walk-through was completed by City staff in January 2018 and all warranty
items have since been addressed by the Developer. Release of the current security amount of $190,501.75
is recommended.
FISCAL IMPACT: Release of the warranty security brings the project to a close. The trunk sanitary sewer
and trunk watermain operation and maintenance becomes the responsibility of the City going forward.
RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, to
approve the release of warranty security for the Village East Trunk Sewer Improvements as detailed in the
respective worksheet. If removed from the consent agenda, the recommended motion for the action is as
follows:
“Move to approve the release of warranty security for the Village East Trunk Sewer Improvements as
detailed in the respective Security Reduction Worksheet”.
ATTACHMENTS:
1. None.
STAFF REPORT
DATE: June 5, 2018
CONSENT
ITEM #: 7
AGENDA ITEM: Village Preserve 1st Addition – Approve Release of Warranty Security for Public
Sanitary Sewer and Watermain
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Emily Becker, Planning Director
Rob Weldon, Public Works Director
ISSUE BEFORE COUNCIL: Should the City Council approve release of warranty security for public
sanitary sewer and watermain for the Village Preserve 1st Addition development?
PROPOSAL DETAILS/ANALYSIS: The public sanitary sewer and watermain in Village Preserve 1st
Addition development was completed and accepted by the City on March 15, 2016 and the 2-year warranty
period was initiated. A security in the amount of 25% of the original security ($141,281) was retained for
the warranty period.
Staff has received and processed a request to release the warranty security for the public sanitary sewer and
watermain in Village Preserve 1st Addition. A warranty walk-through was completed by City staff in
January 2018 and all warranty items have since been addressed by the Developer. Release of the current
security amount of $141,281 is recommended.
FISCAL IMPACT: Release of the warranty security brings the public sanitary sewer and watermain
portion of the project to a close. The operation and maintenance of the sanitary sewer and watermain
becomes the responsibility of the City going forward.
RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, to
approve the release of warranty security for public sanitary sewer and watermain in the Village Preserve
1st Addition development as detailed in the respective worksheet. If removed from the consent agenda, the
recommended motion for the action is as follows:
“Move to approve the release of warranty security for public sanitary sewer and watermain in the
Village Preserve 1st Addition development as detailed in the respective Security Reduction Worksheet”.
ATTACHMENTS:
1. Security Reduction Worksheet – Village Preserve 1st Addition.
VILLAGE PRESERVE 1ST ADDITION Time of Performance: October 31, 2016
DEVELOPMENT AGREEMENT AMOUNTS
CATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6
Grading $79,860 NA
Shared Wildflower Improvements $255,801 $319,751.25
Grading $456,502 $570,627.50 $570,628 100%
Sanitary Sewer $227,849 $284,811.25 $213,608 75%$71,203 25%
Watermain $224,251 $280,313.75 $210,235 75%$70,078 25%
Streets (includes sidewalks/trails) $727,995 $909,993.75 $163,799 18%$518,696 75%
Surface Water Facilities $225,248 $281,560.00 $140,780 50%$70,390 75%
Erosion Control $27,970 $34,962.50 $26,222
Sidewalks/Trails NA NA Included in Streets
Street Lighting NA NA By Xcel Energy
Street Signs and Traffic Control Signs $3,600 $4,500.00 $3,375
Landscaping $105,453 $131,816.25
Tree Preservation and Restoration NA NA included in Erosion Control
Wetland Mitigation and Buffers NA NA LOC Through VBWD
Monuments $4,600 $5,750.00 $4,313
Miscellaneous Facilities NA NA None
Record Drawings + PL $2,500 $3,125.00 $2,344
TOTALS $2,005,968 $2,507,460.00 RELEASED AMOUNTS:$728,423 $589,086 $570,628 $36,253 $141,281
$484,208 CUMMULATIVE AMOUNTS:$728,423 $1,317,509 $1,888,137 $1,924,390 $2,065,671
SECURITY AMOUNT REMAINING:$1,779,037 $1,189,951 $619,323 $583,070 $441,789
DATE:3/15/2016 8/2/2016 9/6/2016 12/19/2017 6/5/2018
REDUCTIONS
Site Grading Agrmt: Assumed Replaced
Never Received: Provided by Wildflower
STAFF REPORT
DATE: June 5, 2018
CONSENT
ITEM #: 8
AGENDA ITEM: 2018 Water System Evaluation Update – Authorize AE2S Task Order
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director
Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve a Task Order for Advanced Engineering
and Environmental Services, Inc. (AE2S) to update the water system distribution model and perform an
updated water system evaluation?
PROPOSAL DETAILS/ANALYSIS: The City Engineer is recommending that the City retain
Professional Engineering Services to conduct a Water System Evaluation Update to incorporate water
system improvements, including developer installed improvements, into the City water distribution model
and evaluating the water system performance.
Significant water system improvements have been constructed and placed online by the City since the last
water model update. The model needs to be kept current so that the model may be utilized to evaluate future
performance and system needs based on planned growth and development. The study will specifically
evaluate the timing for a new water supply well and the timing for a new elevated storage tank in response
to the loss of Well No. 1, and the updated 2040 Comprehensive land use plan and staging plan. The
hydraulic studies will identify the preliminary design information for these water system components
including an updated trunk watermain size evaluation.
FISCAL IMPACT: $20,334 to be paid from the Water Core Fund.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent
agenda, Task Order No. 6 for AE2S to perform a 2018 Water System Evaluation Update in the not to
exceed amount $20,334. If removed from the consent agenda, the recommended motion for this action is
as follows:
“Move to approve Task Order No. 6 for AE2S to perform a 2018 Water System Evaluation Update in
the not to exceed amount $20,334.”
ATTACHMENTS:
1. Advanced Engineering and Environmental Services (AE2S) – Task Order No. 6.
TASK ORDER No. 6 – WATER DISTRIBUTION SYSTEM 2018 UPDATE
Page 1 of 3
TASK ORDER No. 6
CITY OF LAKE ELMO, MINNESOTA – ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
In accordance with ARTICLE 1 of the Master AGREEMENT between the City of Lake Elmo (“CITY”) and
Advanced Engineering and Environmental Services, Inc. (“ENGINEER”), dated __________________,
2012 (“AGREEMENT”), the ENGINEER agrees to provide Professional Engineering Support Services as
follows:
WATER DISTRIBUTION SYSTEM 2018 MODEL UPDATE
PROJECT OVERVIEW:
Update the existing water distribution system hydraulic model to incorporate recent developments
and City projects. Evaluate the impacts of removing Well #1. Develop a strategic plan for expansion of
the water supply and distribution system, as necessary to responsibly and cost-effectively
accommodate future growth in Lake Elmo.
This project will specifically evaluate the timing of new well capacity and the impact of new and
proposed developments on the Lake Elmo Water distribution system. It will establish development
parameters that can be used to determine when new capacity is required. The project will also evaluate
trunk pipe sizing, wells and storage needs to supply the planned service area and determine the timing
for the necessary improvements.
The future approach is flexible and will be developed in collaboration with Fo cus Engineering, and in
the best interest of the City of Lake Elmo.
SERVICES TO BE PROVIDED BY ENGINEER: AE2S shall provide the following Professional Engineering
Services:
Update Existing Water Model
1. Update the computer model (InfoWater) to accurately reflect recent changes to the water
distribution system.
2. Remove Well #1 from the system.
Evaluate Timing Needs for New Well
3. Model existing water system based on historic demand and current rate of development. The
goal is to understand the timing needs for a new well.
Evaluate Future Improvements
4. Model the system based on future land use plan as developed for the City’s comprehensive
plan. Verify trunk pipe sizing, wells and storage to supply the planned service area and
determine the timing of the facilities going on line.
TASK ORDER No. 6 – WATER DISTRIBUTION SYSTEM 2018 UPDATE
Page 2 of 3
Technical Memorandum
5. Prepare a Technical Memorandum documenting the analysis and recommendations outlined in
this Task Order No. 6.
Items not included in the proposed scope are as follows:
1. Analysis of existing water quality.
2. Analysis of capacity of existing or proposed wells.
3. Model calibration using pressure gages and hydrant flow testing.
CITIES RESPONSIBILITIES: The City (or its consultants) will provide the following:
Any changes/updates to the water distribution system that have been implemented in the past
two years (since the model was last updated);
Provide information related to pressure zone changes;
Provide construction plans, for any new projects constructed in the last two years.
Provide construction plans, including pipe invert elevations, shop drawings and pressure
settings for new pressure reducing valve installation;
Provide information on current number of RECs in newly developed areas;
Provide information on proposed rate of development in newly developed areas;
Prepare and present findings to city staff and council.
TIMES FOR RENDERING SERVICES: ENGINEER shall perform its services and provide deliverables in
accordance with the following schedule:
Work shall be completed by July 27, 2018.
Note that the proposed project schedule is dependent on timely receipt of information required from
the Owner.
CITY’S REPRESENTATIVE AND CONTRACT ADMINISTRATION: The CITY’s representative with respect
to services rendered by ENGINEER under this TASK ORDER shall be the City Engineer. Project
correspondence must be addressed to:
Jack Griffin, P.E., City Engineer
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
651.300.4264
Email: Jack.griffin@focusengineeringinc.com
TASK ORDER No. 6 – WATER DISTRIBUTION SYSTEM 2018 UPDATE
Page 3 of 3
COMPENSATION: Compensation to ENGINEER shall be on an hourly rate basis using the hourly billing
rates provided in the ENGINEER’s Proposal for the work, in a not to exceed amount of.
AE2S proposes to provide the professional services for Water Distribution System 2018 Update
consistent with the Scope of Services outlined above on an estimated hourly (plus expenses) basis not
to exceed. An outline of the primary scope items is provided in the following table.
Phase 1 Professional
Fees (Total)
Update Existing Model $3,038
Evaluate Timing Needs for New Well $5,446
Evaluate Future Improvements
Evaluate Demands $748
Verify Pipe Sizing, Wells and Storage $6,732
Prepare Summary Report $4,370
Total Professional Services = $20,334
Payment for Services shall be in accordance with ARTICLE 3.2 of the Master AGREEMENT. Invoices
should be sent to the attention of the City Engineer.
ATTACHMENTS: The following documents are incorporated by reference: NA
APPROVAL AND ACCEPTANCE: Approval and Acceptance of this Task Order, including the
attachment(s) listed above, shall incorporate this document as part of the AGREEMENT. ENGIN EER is
authorized to begin performance of services upon receipt of a copy of this Task Order signed by CI TY.
The Effective Date of this Task Order is ___________________________, 2018.
ADVANCED ENGINEERING AND CITY OF LAKE ELMO, MINNESOTA
ENVIRONMENTAL SERVICES, INC.
By _________________________________ By _________________________________
Grant L. Meyer, P.E. City Administrator
Client Program Leader
STAFF REPORT
DATE: June 5, 2018
REGULAR #9
MOTION
AGENDA ITEM: 2018 Bonding for Brookfield Building, Quit Claim Deed and Lease Purchase
Agreement with EDA
TO: Mayor and City Council
SUBMITTED BY: Kristina Handt, EDA Executive Director
BACKGROUND:
In 2017 the City engaged BKV Group to complete a space needs study for city hall, fire and
public works. The final draft report was presented to Council in December 2017. Also, in
December 2017 the Council discussed purchasing the Brookfield Building (3880 Laverne Ave
N) across from city hall. In January 2018 a purchase agreement was approved which included a
number of contingencies including financing of the purchase, building inspection, and building
fit analysis.
Staff met with Northland Securities in January to discuss financing options. Since the intention
was to retain the tenants for a period of time (through their lease terms), the City is prohibited
from issuing general obligation bonds as much of the building (about 75%) could be used for
non-city business (other tenants in the private and non-profit sector). The Council had the option
to just pay cash for the purchase ($875,000) but decided they would rather borrow the funds so
as not to reduce the city’s fund balance by so much. The EDA has statutory powers which
allows it to issue taxable bonds for non-governmental purposes such as this.
The city had CEG Assessments perform a property condition assessment and environmental
assessment of the building. In addition, Leo A Daly performed a fit analysis to determine if the
site could work for a city hall/fire station location. With additions for a council chamber and fire
apparatus bay and remodeling of the interior it was shown to be able to meet the needs. In
addition, costs estimates (including the purchase price) of the Brookfield site were estimated to
be less than other options reviewed by the public at an open house in February. The public
feedback supported the purchase of the Brookfield site as well.
The City closed on the purchase of the Brookfield site on April 25th. Fund balance was used at
that time but is proposed to be replenished with the proceeds of the bond. The EDA will use the
bond proceeds to purchase the property from the City. A quit claim deed is included in the
packet.
ISSUE BEFORE COUNCIL:
Should the Council approve the resolution to allow the EDA to borrow $933,000? Should the
Council approve the lease purchase agreement with the EDA?
PROPOSAL DETAILS/ANALYSIS:
Included in your packet is a resolution to consent to and approve the EDA resolution awarding the
bond sale to Lake Elmo Bank at 4.5% interest for a 15 year term. The resolution includes recitals
relating to the EDA’s statutory powers (including HRA powers) and the City’s purchase of the
building at 3880 Laverne Ave and adjacent parcel. The resolution also approves the EDA lease of
the property to the City with the option to purchase.
While the purchase price was $875,000, the $933,000 bonds includes some of the costs associated
with the purchase such as the architect work to review the suitability of the building for use as a
city hall/fire station, the building inspection and some legal fees related to the purchase and
closing. There are also issuance costs and legal fees associated with the bond which make up the
remaining balance.
In addition, this language allows the City to reimburse itself in the future when new bonds are
issued to purchase the building site back, building additions and remodeling of the existing
structure.
The lease agreement between the EDA and City is included. It allows the city to sublease and
retain those rents but also then to be responsible for all costs associated with running the building.
Semiannual lease payments are due from the City to the EDA at least three days before the bond
payments are due. The lease also includes an option for the city to purchase the property in an
amount equal to the outstanding principal payments plus accrued interest. At this point, staff
anticipates the City will purchase the property back in 2022 when the lease expires for the last
tenant. The timing will be part of the discussion as the City works on the 2019-2023 Capital
Improvement Plan beginning later this month with the Finance Committee. If the City displaces
any tenants before the end of their lease the city will have to pay relocation costs.
Tammy Omdahl, Northland Securities, will be at the meeting to present information to the Council
and answer questions related to the bonding.
FISCAL IMPACT:
Staff expects the rents from other tenants to cover the bond payments as well as other operating
costs through 2020. Beginning in 2021, the rental payments will not be enough to cover these
costs as tenant leases begin to expire and an increase in operating costs are expected. If the City
reduces its rent amount from the general fund to $30,000/year (currently $33,223 and would have
grown to over $35,000/year under the lease with the previous owners), then no additional tax
revenue will be needed to cover operating costs and bond payments prior to the potential
repurchase in 2022.
OPTIONS:
1) Approve Resolution No. 2018-059, Relating to Economic Development Authority Taxable
Public Project Lease Revenue and Limited Tax Bonds, Series 2018A: Authorizing the
Issuance of Bonds; Consenting to Limited Tax Pledge; and Authorizing the Execution of
Documents.
2) Amend and then Approve Resolution No. 2018-059, Relating to Economic Development
Authority Taxable Public Project Lease Revenue and Limited Tax Bonds, Series 2018A:
Authorizing the Issuance of Bonds; Consenting to Limited Tax Pledge; and Authorizing
the Execution of Documents.
3) Do not Approve Resolution No. 2018-059, Relating to Economic Development Authority
Taxable Public Project Lease Revenue and Limited Tax Bonds, Series 2018A: Authorizing
the Issuance of Bonds; Consenting to Limited Tax Pledge; and Authorizing the Execution
of Documents.
RECOMMEDNATION:
Motion to Approve Resolution No. 2018-059, Relating to Economic Development Authority
Taxable Public Project Lease Revenue and Limited Tax Bonds, Series 2018A: Authorizing the
Issuance of Bonds; Consenting to Limited Tax Pledge; and Authorizing the Execution of
Documents.
ATTACHMENT:
• Resolution No. 2018-059, Relating to Economic Development Authority Taxable Public
Project Lease Revenue and Limited Tax Bonds, Series 2018A: Authorizing the Issuance
of Bonds; Consenting to Limited Tax Pledge; and Authorizing the Execution of
Documents.
• Quit Claim Deed
• Lease Purchase Agreement between the EDA and City of Lake Elmo
CERTIFICATION OF MINUTES RELATING TO
$933,000 TAXABLE PUBLIC PROJECT LEASE REVENUE
AND LIMITED TAX BONDS, SERIES 2018A
City: City of Lake Elmo, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held on June 5, 2018, at or after
7:00 p.m., at the City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 2018-059
RESOLUTION RELATING TO ECONOMIC DEVELOPMENT AUTHORITY
TAXABLE PUBLIC PROJECT LEASE REVENUE AND LIMITED TAX
BONDS, SERIES 2018A; AUTHORIZING THE ISSUANCE OF BONDS;
CONSENTING TO LIMITED TAX PLEDGE; AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of said
corporation in my legal custody, from which they have been transcribed; that said documents are
a correct and complete transcript of the minutes of a meeting of the governing body of said
corporation, and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to said bonds;
and that said meeting was duly held by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and notice of such meeting given as
required by law.
WITNESS my hand officially as such recording officer this _____ day of June, 2018.
City Clerk
1
Councilmember ____________________ introduced the following resolution and moved
its adoption, which motion was seconded by Councilmember ____________________:
RESOLUTION RELATING TO ECONOMIC DEVELOPMENT AUTHORITY
TAXABLE PUBLIC PROJECT LEASE REVENUE AND LIMITED TAX
BONDS, SERIES 2018A; AUTHORIZING THE ISSUANCE OF BONDS;
CONSENTING TO LIMITED TAX PLEDGE; AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota (the “City”),
as follows:
Section 1. Recitals. The City has heretofore acquired certain real property located at or
about 3880 Laverne Avenue N. and 39th Street and Laverne Avenue N., in the City of Lake Elmo,
County of Washington, Minnesota, including a 2.06 acre parcel with an approximately 18,000
square foot building and a vacant .58 acre parcel (the “Real Property”), and the City has heretofore
recorded or will record a quitclaim deed transferring title to the Real Property to the Economic
Development Authority of the City of Lake Elmo, Minnesota (the “Authority”). The City now
finds it necessary and desirable that the Authority issue its $933,000 Taxable Public Project Lease
Revenue and Limited Tax Bonds, Series 2018A (the “Bonds”) for the purpose of (i) financing the
acquisition of the Real Property, and (ii) paying costs associated with the issuance of the Bonds
(collectively, the “Project”).
Section 2. Authority. The City is authorized by Minnesota Statutes, Sections 465.71 and
471.64 to lease the Real Property from the Authority with an option to purchase pursuant to a
Lease-Purchase Agreement dated as of June 1, 2018, between the City, as lessee, and the Authority,
as lessor (the “Lease”), provided that the City retains the right to terminate said lease-purchase
agreement at the end of any fiscal year during its term. It is hereby found, determined and declared
to be necessary and desirable and in the best interest of the City to enter into the Lease with the
Authority in order to provide for the financing of the Project by the Authority and the lease of the
Real Property to the City.
Section 3. Authorization and Approval. The resolution of the Authority relating to the
Bonds adopted the date hereof (the “Authority Resolution”) is hereby approved and the City
hereby consents to and approves the issuance and sale of the Bonds by the Authority to Lake Elmo
Bank, a Minnesota banking institution, and the pledge and levy of the HRA Levy (as defined in
the Authority Resolution) on all taxable property in the City as contemplated in the Authority
Resolution and the Indenture (as defined herein). The City hereby further approves the terms of
the Trust Indenture dated as of June 1, 2018, to be executed by the Authority, relating to the Bonds
(the “Indenture”). The execution and delivery of the purchase agreement for the Bonds by the
Authority and the transfer of title to the Real Property to the Authority by quit claim deed are
hereby also ratified and approved in all respects. The form of the Lease is hereby approved and
shall be executed and delivered in the name and on behalf of the City by the Mayor and City Clerk
or their authorized designees in substantially the form on file, but with such final changes thereto
as may be approved by the officers executing the same, which approval shall be conclusively
evidenced by the execution thereof. The Mayor and City Clerk or their authorized designees are
2
also authorized and directed to execute such closing certificates and other documents, instruments
and certificates as may be necessary to complete the issuance and delivery of the Bonds and the
consummation of the transaction contemplated thereby, including the acquisition of the Real
Property and the financing of the Project. The Bonds, if issued, shall not constitute a charge, lien
or encumbrance, legal or equitable, upon any property of the City or the Authority.
Section 4. Reimbursement.
4.1 Recitals.
(a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax
Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the
proceeds of which are to be used to reimburse the City for project expenditures made by
the City prior to the date of issuance.
(b) The Regulations generally require that the City make a declaration of its
official intent to reimburse itself for such prior expenditures out of the proceeds of a
subsequently issued series of bonds within 60 days after payment of the expenditures, that
the bonds be issued and the reimbursement allocation be made from the proceeds of such
bonds within the reimbursement period (as defined in the Regulations), and that the
expenditures reimbursed be capital expenditures or costs of issuance of the bonds.
(c) The City desires to comply with requirements of the Regulations with
respect to certain projects hereinafter identified.
4.2 Official Intent Declaration.
(a) The City proposes to undertake the following project or projects and to
make original expenditures with respect thereto prior to the issuance of reimbursement
bonds, and reasonably expects to issue reimbursement bonds for such project or projects
in the maximum principal amounts shown below:
Project
The acquisition of the Real Property and the construction of a new city hall or fire station.
Maximum Amount of Bonds Expected to be Issued for Project
$15,000,000
(b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to
Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary
expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek
reimbursement for any original expenditures with respect to the foregoing projects paid
more than 60 days prior to the date of adoption of this resolution. All original expenditures
for which reimbursement is sought will be capital expenditures or costs of issuance of the
reimbursement bonds.
3
4.3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged,
allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved,
pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for
the original expenditures related to the projects, other than pursuant to the issuance of the
reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement
bonds will result in the creation of any replacement proceeds.
Section 5. Effective Date. This resolution and the Authority Resolution shall be in full
force and effect from and after the passage of this resolution.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the Resolution was declared duly passed and adopted.
Page 1 of 3 QUIT CLAIM DEED
ECB-1035 Page 1 of 3
4823-6818-2611\1
(Top 3 inches reserved for recording data)
QUIT CLAIM DEED
Municipal Entity to Municipal Entity
DEED TAX DUE: $1.65
DATE: June 28, 2018
FOR VALUABLE CONSIDERATION, CITY OF LAKE ELMO, a municipal organization under the laws of Minnesota (“Grantor”), hereby
conveys and quitclaims to the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF LAKE ELMO, municipal organization under the
laws of Minnesota (“Grantee”), real property in Washington County, Minnesota, as legally described on the attached Exhibit A.
Check here if all or part of the described real property is Registered (Torrens)
The total amount of consideration is five hundred dollars ($500.00) or less.
together with all hereditaments and appurtenances belonging thereto.
Check applicable box:
The Seller certifies that the Seller does not know of
any wells on the described real property.
A well disclosure certificate accompanies this
document or has been electronically filed. (If electronically filed,
insert WDC number: […].)
I am familiar with the property described in this
instrument and I certify that the status and number
of wells on the described real property have not changed
since the last previously filed well disclosure
certificate.
Page 2 of 3 QUIT CLAIM DEED
Grantor:
CITY OF LAKE ELMO, MINNESOATA
By:
Mike Pearson, Mayor
And
By:
Julie Johnson, City Clerk
State of Minnesota, County of Washington
This instrument was acknowledged before me on June _____, 2018, by Mike Pearson, the Mayor and by Julie Johnson, the City Clerk of CITY
OF LAKE ELMO, a Minnesota municipal organization, on behalf of the municipal organization.
(Seal, if any)
(signature of notarial officer)
Title (and Rank):
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
Dorsey & Whitney LLP (Canova)
50 South Sixth Street, Suite 1500 Minneapolis, MN 55402
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
Economic Development Authority of the City of Lake Elmo
Attn: Executive Director
Page 3 of 3 QUIT CLAIM DEED
ECB-1035 Page 3 of 3
4823-6818-2611\1
EXHIBIT A
DESCRIPTION OF REAL PROPERTY
EXECUTION
LEASE-PURCHASE AGREEMENT
between the
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF LAKE ELMO, MINNESOTA
as Lessor
and the
CITY OF LAKE ELMO, MINNESOTA
as Lessee
Dated as of June 1, 2018
Relating to:
TAXABLE PUBLIC PROJECT LEASE REVENUE
AND LIMITED TAX BONDS, SERIES 2018A
This instrument drafted by:
Dorsey & Whitney LLP (NC)
Suite 1500
50 South Sixth Street
Minneapolis, Minnesota 55402
(612) 340-2600
TABLE OF CONTENTS
PAGE
ARTICLE I DEFINITIONS AND EXHIBITS............................................................................... 2
Section 1.1. Definitions .................................................................................................... 2
Section 1.2. Exhibits......................................................................................................... 3
ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES ............................... 4
Section 2.1. Representations, Covenants and Warranties of Lessee ................................ 4
Section 2.2. Representations Covenants and Warranties of Lessor ................................. 4
ARTICLE III AGREEMENT TO LEASE ..................................................................................... 6
Section 3.1. Lease............................................................................................................. 6
Section 3.2. Possession and Enjoyment ........................................................................... 6
Section 3.3. Lessor Access to Real Property .................................................................... 6
ARTICLE IV TERM OF LEASE ................................................................................................... 7
Section 4.1. Term of Lease............................................................................................... 7
Section 4.2. Termination of Lease Term .......................................................................... 7
ARTICLE V RENTAL PAYMENTS ............................................................................................ 8
Section 5.1. Rental Payments ........................................................................................... 8
Section 5.2. Current Expense ........................................................................................... 8
Section 5.3. Rental Payments to be Unconditional .......................................................... 8
Section 5.4. Reserved ....................................................................................................... 8
Section 5.5. Intent to Continue Rental Payments; Appropriations .................................. 8
ARTICLE VI NONAPPROPRIATION ......................................................................................... 9
Section 6.1. Termination of Lease ................................................................................... 9
Section 6.2. Return of Real Property................................................................................ 9
Section 6.3. Effect of Termination ................................................................................... 9
Section 6.4. Reserved ....................................................................................................... 9
ARTICLE VII MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS ............ 10
Section 7.1. Maintenance and Modification of Real Property by Lessee ...................... 10
Section 7.2. Taxes, Other Government Charges and Utility Charges ............................ 10
Section 7.3. Liability Insurance...................................................................................... 11
Section 7.4. Lessee’s Negligence ................................................................................... 11
Section 7.5. Property Insurance...................................................................................... 11
Section 7.6. Worker’s Compensation Insurance ............................................................ 11
2
Section 7.7. Other Insurance and Requirements for All Insurance ................................ 11
Section 7.8. Advances .................................................................................................... 12
Section 7.9. Liens ........................................................................................................... 12
ARTICLE VIII DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET
PROCEEDS .................................................................................................................................. 13
Section 8.1. Damage, Destruction and Condemnation................................................... 13
Section 8.2. Cooperation of Lessor ................................................................................ 13
Section 8.3. Condemnation of Other Property Owned by Lessee .................................. 13
ARTICLE IX LESSEE’S EQUIPMENT; WARRANTIES ......................................................... 14
Section 9.1. Installation of Lessee’s Equipment ............................................................ 14
Section 9.2. Reserved ..................................................................................................... 14
Section 9.3. Reserved ..................................................................................................... 14
Section 9.4. Warranties .................................................................................................. 14
Section 9.5. Disclaimer of Warranties ........................................................................... 14
ARTICLE X OPTION TO PURCHASE ...................................................................................... 15
Section 10.1. When Available ........................................................................................ 15
Section 10.2. Exercise of Option .................................................................................... 15
Section 10.3. Release of Lessor’s Interest...................................................................... 15
Section 10.4. Defeasance ............................................................................................... 15
ARTICLE XI ASSIGNMENT, SUBLEASING, MORTGAGING AND SELLING .................. 16
Section 11.1. Assignment by Lessor .............................................................................. 16
Section 11.2. Assignment and Subleasing by Lessee..................................................... 16
Section 11.3. Restriction on Mortgage or Sale of Real Property by Lessee .................. 16
ARTICLE XII EVENTS OF DEFAULT AND REMEDIES ....................................................... 17
Section 12.1. Events of Default Defined ........................................................................ 17
Section 12.2. Remedies on Default ................................................................................ 18
Section 12.3. Return of Real Property............................................................................ 18
Section 12.4. Delay; Notice............................................................................................ 18
Section 12.5. No Remedy Exclusive .............................................................................. 18
Section 12.6. Agreement to Pay Attorneys’ Fees and Expenses .................................... 18
Section 12.7. No Additional Waiver Implied By One Waiver....................................... 19
ARTICLE XIII TITLE .................................................................................................................. 20
Section 13.1. Title to Real Property ............................................................................... 20
Section 13.2. Security Interest........................................................................................ 20
ARTICLE XIV ISSUANCE OF THE BONDS............................................................................ 21
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Section 14.1. Agreement to Issue Bonds; Application of Bond Proceeds ..................... 21
ARTICLE XV ADMINISTRATIVE PROVISIONS ................................................................... 22
Section 15.1. Notices ...................................................................................................... 22
Section 15.2. Binding Effect .......................................................................................... 22
Section 15.3. Severability............................................................................................... 22
Section 15.4. Amendments, Charges and Modifications ............................................... 22
Section 15.5. Further Assurances and Corrective Instruments ...................................... 22
Section 15.6. Execution in Counterparts ........................................................................ 22
Section 15.7. Applicable Law ........................................................................................ 22
Section 15.8. Lessor and Lessee Representatives .......................................................... 22
Section 15.9. Captions .................................................................................................... 22
Exhibit A – A legal description of the Real Property.
Exhibit B – The schedule of Rental Payments to be paid by Lessee to Lessor, showing the date and
amount of each Rental Payment.
LEASE-PURCHASE AGREEMENT
This LEASE-PURCHASE AGREEMENT (the Lease) is executed as of June 1, 2018,
between the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF LAKE ELMO,
MINNESOTA, as lessor (together with its successors and assigns, Lessor), whose address is
3800 Laverne Avenue N., Lake Elmo, Minnesota 55042, and the CITY OF LAKE ELMO,
MINNESOTA, as lessee (Lessee), whose address is 3800 Laverne Avenue N., Lake Elmo,
Minnesota 55042.
RECITALS
WHEREAS, the Lessee is authorized by Minnesota Statutes to acquire real and personal
property by entering into lease-purchase agreements;
WHEREAS, the Lessor has authorized the issuance of its $933,000 Taxable Public Project
Lease Revenue and Limited Tax Bonds, Series 2018A (the Bonds), for the purpose of (i) acquiring
certain the Real Property (as defined herein), and (ii) paying costs associated with the issuance of
the Bonds (collectively, the Project);
WHEREAS, upon issuance of the Bonds, good and marketable title to the Real Property
will be in the Lessor; and
WHEREAS, to secure payment of the Bonds, the Lessor hereby leases to the Lessee, and
the Lessee hereby hires and takes from the Lessor, the Real Property, and for such purpose the
Lessor grants to the Lessee for the term of this Lease all rights necessary for the Lessee to lease
and purchase the Real Property.
NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration
of the mutual covenants herein contained, the parties hereto recite and agree as follows:
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ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this
Section shall, for all purposes of this Lease, have the meanings herein specified.
Code means the Internal Revenue Code of 1986, as now or hereafter amended, and the
regulation and revenue rulings and procedures issued pursuant thereto from time to time.
Fiscal Year means each twelve month fiscal period of Lessee commencing on January 1 of
any year and ending on the following December 31.
Indenture means the Trust Indenture entered into between Lessor and Trustee, dated as of
the date hereof.
Independent Counsel means an attorney duly admitted to the practice of law before the
highest court of any state who is not an officer or a full-time employee of Lessor, Lessee or an
assignee thereof.
Lessee Representative means the City Administrator of Lessee, or any other person
authorized to act on behalf of Lessee under or with respect to this Lease, as evidenced by a
certificate conferring such authority executed by the City Administrator, given to the Trustee and
the Lessor.
Lessor Representative means the President or Secretary of Lessor, or any other person
authorized to act on behalf of Lessor under or with respect to this Lease, as evidenced by a
certificate conferring such authority executed by the President, given to the Trustee and the Lessee.
Net Proceeds means any insurance proceeds or condemnation award paid with respect to
the Real Property, remaining after payment therefrom of all expenses incurred in the collection
thereof.
Payment Date means the date upon which any Rental Payment is due and payable as
provided in the attached Exhibit B.
Permitted Encumbrances means, as of any particular time, (i) liens for taxes and
assessments not then delinquent, or which Lessee may, pursuant to provisions of Article VII
hereof, permit to remain unpaid; (ii) this Lease; (iii) any mechanic’s, laborer’s, materialmen’s,
supplier’s or vendor’s lien or right not filed or perfected in the manner prescribed by law, or which
Lessee may, pursuant to provisions of Article VII hereof, permit to remain unpaid; (iv) minor
defects and irregularities in the title to the Real Property which do not in the aggregate materially
impair the use of the Real Property for the purposes for which it is or may reasonably be expected
to be held; (v) easements, exceptions or reservations for the purpose of pipelines, telephone lines,
telegraph lines, power lines and substations, roads, streets, alleys, highways, railroad purposes,
drainage and sewage purposes, dikes, canals, laterals, ditches, the removal of oil, gas, coal or other
minerals, and other like purposes, or for the joint or common use of real property, facilities and
equipment, which do not materially impair the use of the Real Property for the purposes for which
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it is or may reasonably be expected to be held; (vi) rights reserved to or vested in any municipality
or governmental or other public authority to control or regulate or use in any manner any portion
of the Real Property which do not materially impair the use of the Real Property for the purposes
for which it is or may reasonably be expected to be held; (vii) present and future valid zoning laws
and ordinances; and (viii) any liens or encumbrances of record as of the date hereof.
Qualified Investments means only those described in Minnesota Statutes, Section 475.67,
Subdivision 8, or any successor statute.
Real Property means the real property legally described in Exhibit A which is located at or
about 3880 Laverne Avenue N. and 39th Street and Laverne Avenue N., in the City of Lake Elmo,
County of Washington, Minnesota, including a 2.06 acre parcel with an approximately 18,000
square foot building and a vacant .58 acre parcel.
Rental Payment means any payment due from Lessee to Lessor under Section 5.1 of this
Lease.
State means the State of Minnesota.
State and Federal Law or Laws means the Constitution and laws of the State, any
ordinance, rule or regulation of any agency or political subdivision of the State and any law of the
United States, and any rule or regulation of any federal agency.
Term of this Lease or Lease Term means the period during which this Lease remains in
effect as specified in Sections 4.1 and 4.2.
Trustee means U.S. Bank National Association, as trustee under the Indenture.
Section 1.2. Exhibits.
The following exhibits are attached to and by reference made a part of this Lease:
Exhibit A – A legal description of the Real Property.
Exhibit B – The schedule of Rental Payments to be paid by Lessee to Lessor, showing the
date and amount of each Rental Payment.
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ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 2.1. Representations, Covenants and Warranties of Lessee. Lessee represents,
covenants and warrants as follows:
(a) Lessee is a duly formed and validly existing body corporate and political
subdivision of the State, governed by the Constitution and laws of the State.
(b) State and Federal Laws authorize Lessee to acquire, lease, operate and
maintain the Real Property; to enter into this Lease and the transactions contemplated
hereby; and to carry out its obligations under this Lease.
(c) The officers of Lessee executing this Lease and the documents
contemplated hereby have been duly authorized to execute and deliver this Lease and
related documents under the terms and provisions of a resolution of Lessee’s governing
body or by other appropriate official action.
(d) Lessee has complied with all open meeting laws, all public bidding laws
and all other State and Federal Laws applicable to this Lease and the acquisition of the Real
Property by Lessee.
(e) Except as provided under the terms of this Lease, Lessee will not transfer,
lease, assign, mortgage or encumber the Real Property.
(f) Lessee may accomplish any of its obligations herein by an agent.
Section 2.2. Representations Covenants and Warranties of Lessor. Lessor represents,
covenants and warrants as follows:
(a) Lessor is a public body, corporate and politic duly organized, existing and
in good standing under the laws of the State; has full and complete power to issue the Bonds
and to enter into this Lease and to enter into and carry out the transactions contemplated
hereby, and to carry out its obligations hereunder; is possessed of full power to own and
hold real and personal property, and to lease the same; and has duly authorized the issuance
and delivery of the Bonds and the execution and delivery of this Lease.
(b) Neither the issuance and delivery of the Bonds nor the execution and
delivery of this Lease, nor the fulfillment of or compliance with the terms and conditions
hereof, nor the consummation of the transactions contemplated hereby, conflicts with or
results in a breach of the terms, conditions or provisions of any law, regulation, restriction
or any agreement or instrument to which Lessor is now a party or by which Lessor or its
property is bound, or constitutes a default under any of the foregoing, or results in the
creation or imposition of any lien, charge or encumbrance whatsoever upon any of the
property or assets of Lessor, or upon the Real Property, except Permitted Encumbrances.
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(c) Upon payment by Lessee of the amounts described in Section 10.1 hereof
or the defeasance of Lessee’s obligations hereunder pursuant to Article X hereof, Lessor
will deliver to Lessee all documents which are or may be necessary to vest all of Lessor’s
right, title and interest in and to the Real Property in Lessee, and will release all liens and
encumbrances created under this Lease.
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ARTICLE III
AGREEMENT TO LEASE
Section 3.1. Lease. Lessor hereby leases, with an option to purchase, the Real Property
to Lessee, and Lessee hereby leases, with an option to purchase, the Real Property from Lessor,
upon the terms and conditions set forth in this Lease.
Section 3.2. Possession and Enjoyment. Lessor hereby covenants with respect to the
Real Property to provide Lessee during the Term of this Lease with quiet use and enjoyment of
the Real Property, and Lessee shall during such Lease Term peaceably and quietly have and hold
and enjoy the Real Property, without suit, trouble or hindrance from Lessor, except as expressly
set forth in this Lease. Lessor will, at the request of Lessee and at Lessee’s cost, join in any legal
action in which Lessee asserts its right to such possession and enjoyment to the extent Lessor may
lawfully do so.
Section 3.3. Lessor Access to Real Property. Lessee agrees that Lessor shall have the
right during Lessee’s normal working hours on Lessee’s normal working days to enter on and
examine and inspect the Real Property for the purpose of assuring that the Real Property is being
properly maintained, preserved and kept in good repair and condition. Lessee further agrees that
Lessor shall have such rights of access to the Real Property as may be reasonably necessary to
cause the proper maintenance of the Real Property in the event of failure by Lessee to perform its
obligations hereunder.
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ARTICLE IV
TERM OF LEASE
Section 4.1. Term of Lease. This Lease shall be and remain in effect with respect to the
Real Property for a Lease Term commencing on the date of execution hereof and continuing until
terminated as provided in Section 4.2.
Section 4.2. Termination of Lease Term. The Term of this Lease will terminate upon
the occurrence of the first of the following events:
(a) the termination by Lessee of its obligation to make any further Rental
Payments in accordance with Section 6.1;
(b) the exercise by Lessee of its option to purchase Lessor’s interest in the Real
Property or to defease its obligations hereunder pursuant to Article X;
(c) a default by Lessee and termination of this Lease pursuant to Article XII; or
(d) the payment by Lessee of all Rental Payments required to be paid by Lessee
hereunder.
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ARTICLE V
RENTAL PAYMENTS
Section 5.1. Rental Payments. Lessee shall pay semiannual Rental Payments with
respect to the Real Property on each Payment Date, as set forth in Exhibit B, three business days
prior to the dates that payments are due on the Bonds, as further described in the Indenture, which
Rental Payments are sufficient to pay the principal of, premium, if any, on and interest on the
Bonds when due. The Rental Payments shall be payable to the Trustee, as assignee of the Lessor’s
right, title and interest in such Rental Payments, at its address specified in Section 14.08 of the
Indenture.
Section 5.2. Current Expense. The obligations of Lessee under this Lease, including its
obligation to pay the Rental Payments due with respect to the Real Property in any Fiscal Year for
which this Lease is in effect, shall constitute a current expense of Lessee for such Fiscal Year and
shall not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of
the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys, other
than moneys lawfully appropriated from time to time by or for the benefit of Lessee in its annual
budget, the proceeds or Net Proceeds of the Real Property, to the payment of any Rental Payment
or other amount coming due hereunder.
Section 5.3. Rental Payments to be Unconditional. Except as provided in Section 6.1,
the obligation of Lessee to make Rental Payments due with respect to the Real Property or any
other payments required hereunder shall be absolute and unconditional in all events.
Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make
all Rental Payments and other payments required hereunder when due and shall not withhold any
Rental Payment or other payment pending final resolution of such dispute nor shall Lessee assert
any right of set-off or counterclaim against its obligation to make such Rental Payments or other
payments required under this Lease. Lessee’s obligation to make Rental Payments or other
payments during the Lease Term shall not be abated through accident or unforeseen circumstances.
However, nothing herein shall be construed to release Lessor from the performance of its
obligations hereunder, and if Lessor should fail to perform any such obligation, Lessee may
institute such legal action against Lessor as Lessee may deem necessary to compel the performance
of such obligation or to recover damages therefor.
Section 5.4. Reserved.
Section 5.5. Intent to Continue Rental Payments; Appropriations. Lessee presently
intends to continue this Lease for the entire Term of this Lease and to pay all Rental Payments
required hereunder. Lessee reasonably and in good faith believes that amounts sufficient to pay
all Rental Payments due hereunder can and will lawfully be appropriated or budgeted and made
available for this purpose during the Lease Term.
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ARTICLE VI
NONAPPROPRIATION
Section 6.1. Termination of Lease. Lessee shall have the right to cancel and terminate
this Lease, in whole but not in part, effective at the end of any Fiscal Year of Lessee, in the manner
and subject to the terms specified in this Section and Section 6.3, if Lessee is not authorized by
law to appropriate or does not appropriate moneys sufficient to pay the Rental Payments coming
due in the next Fiscal Year. Lack of a sufficient appropriation shall be evidenced by a specific
provision in Lessee’s budget for the Fiscal Year in question so stating. Lessee may effect such
termination by giving to Lessor a written notice of nonappropriation and termination and by paying
to Lessor any Rental Payments which are due and have not been paid at or before the end of its
then current Fiscal Year. Lessee shall endeavor to give notice of termination not less than 120
days prior to the end of such Fiscal Year, and shall notify Lessor of any anticipated termination.
Section 6.2. Return of Real Property. In the event of termination of this Lease as
provided in Section 6.1, Lessee shall surrender possession of the Real Property to Lessor in
accordance with Section 12.3, and release its interest in the same, as granted under this Lease,
within 10 days after the termination of this Lease.
Section 6.3. Effect of Termination. Upon termination of Lessee’s obligation to make
Rental Payments as provided in Section 6.1, Lessee shall not be responsible for the payment of
any additional Rental Payments coming due with respect to succeeding Fiscal Years, but if Lessee
has not surrendered possession of the Real Property to Lessor in accordance with Sections 6.2 and
12.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the
payment of damages in an amount equal to the amount of the Rental Payments thereafter coming
due under Exhibit B which are attributable to the number of days during which Lessee fails to take
such actions.
Section 6.4. Reserved.
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ARTICLE VII
MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS
Section 7.1. Maintenance and Modification of Real Property by Lessee. Lessee shall, at
its own expense, maintain, preserve and keep the improved portions of the Real Property in good
repair, working order and condition, and shall from time to time make all repairs, replacements
and improvements necessary to keep the improved portions of the Real Property in such condition.
Lessor shall have no responsibility for any of these repairs, replacements or improvements. In
addition, Lessee shall, at its own expense, have the right to remodel the improved portions of the
Real Property or to make additions, modifications and improvements thereto. All such additions,
modifications and improvements shall thereafter comprise part of the Real Property and be subject
to the provisions of this Lease. Such additions, modifications and improvements shall not in any
way damage the improved portions of the Real Property nor cause the Real Property to be used for
purposes other than those authorized under the provisions of State law, and the Real Property,
upon completion of any additions, modifications and improvements made pursuant to this Section,
shall be of a value not less than the value of the Real Property immediately prior to the making of
such additions, modifications and improvements. Any property for which a substitution or
replacement is made pursuant to this Section may be disposed of by Lessee in such manner and on
such terms as are determined by Lessee. Lessee will not permit any mechanic’s or other lien to be
established or remain against the Real Property for labor or material furnished in connection with
any remodeling, additions, modifications, improvements, repairs, renewals or replacements made
by Lessee pursuant to this Section; provided that if any such lien is established and Lessee shall
first notify Lessor of Lessee’s intention to do so, Lessee may in good faith contest any lien filed
or established against the Real Property, and in such event may permit the items so contested to
remain undischarged and unsatisfied during the period of such contest and any appeal therefrom
unless Lessor shall notify Lessee that, in the opinion of Independent Counsel, by nonpayment of
such item the interest of Lessor in the Real Property will be materially endangered or the Real
Property or any part thereof will be subject to loss or forfeiture, in which event Lessee shall
promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with
full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will
cooperate fully with Lessee in any such contest, upon the request and at the expense of Lessee.
Section 7.2. Taxes, Other Government Charges and Utility Charges. Lessee shall also
pay when due all gas, water, steam, electricity, heat, power, telephone, and other charges incurred
in the operation, maintenance, use, occupancy and upkeep of the Real Property. Lessee shall also
pay all property and excise taxes and governmental charges of any kind whatsoever which may at
any time be lawfully assessed or levied against or with respect to the Real Property or any part
thereof, and which become due during the Term of this Lease with respect thereto, and all special
assessments and charges lawfully made by any governmental body for public improvements that
may be secured by a lien on the Real Property; provided that with respect to special assessments
or other governmental charges that may lawfully be paid in installments over a period of years,
Lessee shall be obligated to pay only such installments as are required to be paid during the Term
of this Lease as and when the same become due.
Lessee may, at Lessee’s expense and in Lessee’s name, in good faith contest any such
taxes, assessments, utility and other charges and, in the event of any such contest, may permit the
11
taxes, assessments or other charges so contested to remain unpaid during the period of such contest
and any appeal therefrom unless Lessor shall notify Lessee that, in the opinion of Independent
Counsel, by nonpayment of any such items the interest of Lessor in the Real Property will be
materially endangered or the Real Property or any part thereof will be subject to loss or forfeiture,
in which event Lessee shall promptly pay such taxes, assessments or charges or provide Lessor
with full security against any loss which may result from nonpayment, in form satisfactory to
Lessor.
Section 7.3. Liability Insurance. Upon receipt of possession of the Real Property, the
Lessee shall take such measures as may be necessary to ensure that any liability for injuries to or
death of any person or damage to or loss of property arising out of or in any way relating to the
condition or the operation of the Real Property or any part thereof, is covered by a blanket or other
general liability insurance policy maintained by the Lessee. The Net Proceeds of all such insurance
shall be applied toward extinguishment or satisfaction of the liability with respect to which any
Net Proceeds may be paid.
Section 7.4. Lessee’s Negligence. Lessee assumes all risks and liabilities, whether or
not covered by insurance, for loss or damage to the Real Property and for injury to or death of any
person or damage to any property, whether such injury or death be with respect to agents or
employees of Lessee or of third parties, and whether such property damage be to Lessee’s property
or the property of others, which is proximately caused by the negligent conduct of Lessee, its
officers, employees and agents. Lessee hereby assumes responsibility for and agrees to reimburse
Lessor and Trustee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs
and expenses (including reasonable attorney’s fees) whatsoever kind and nature, imposed on,
incurred by or asserted against Lessor or Trustee that in any way relate to or arise out of a claim,
suit or proceeding based in whole or in part upon the negligent conduct of Lessee, its officers,
employees and agents, to the maximum extent permitted by law.
Section 7.5. Property Insurance. Upon receipt of possession of the Real Property, the
Lessee shall have and assume the risk of loss with respect thereto. The Lessee shall procure and
maintain continuously in effect during the Lease Term, all-risk insurance, subject only to the
standard exclusions contained in the policy, in such amount as will be at least sufficient so that a
claim may be made for the full replacement cost of any part thereof damaged or destroyed and to
pay the applicable purchase price of the Real Property as set forth in Section 10.1. Such insurance
may be provided by a rider to an existing policy or under a separate policy. Such insurance may
be written with customary deductible amounts. The Net Proceeds of insurance required by this
Section shall be applied to the prompt repair, restoration or replacement of the Real Property, or
to the purchase of the Real Property, as provided in Section 8.1. Any Net Proceeds not needed for
those purposes shall be paid to the Lessee.
Section 7.6. Worker’s Compensation Insurance. If required by State law, the Lessee
shall carry worker’s compensation insurance covering all its employees on, in, near or about the
Real Property. Alternatively, the Lessee may self-insure against such liabilities in accordance with
applicable law.
Section 7.7. Other Insurance and Requirements for All Insurance. All insurance
required by this Article may be carried under a separate policy or a rider or endorsement; shall be
12
taken out and maintained with responsible insurance companies organized under the laws of one
of the states of the United States and qualified to do business in the State; shall contain a provision
that the insurer shall not cancel or revise coverage thereunder without giving written notice to all
parties at least ten (10) days before the cancellation or revision becomes effective; and shall name
Lessee and Lessor as insured parties. Lessee shall deposit with Lessor policies evidencing any
such insurance procured by it, or a certificate or certificates of the respective insurers stating that
such insurance is in full force and effect. Before the expiration of any such policy, Lessee shall
furnish to Lessor evidence that the policy has been renewed or replaced by another policy
conforming to the provisions of this Article, unless such insurance is no longer obtainable in which
event Lessee shall notify Lessor of this fact.
Section 7.8. Advances. If Lessee shall fail to perform any of its obligations under this
Lease, Lessor may, but shall not be obligated to take such action as may be necessary to cure such
failure, including the advancement of money, and Lessee shall be obligated to repay all such
advances on demand with interest at the maximum rate permitted by law or 12%, whichever is
less, from the date of the advance to the date of repayment.
Section 7.9. Liens. Lessee shall not, directly or indirectly, create, incur, assume or suffer
to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Real
Property, other than the respective rights of Lessor and Lessee as herein provided and Permitted
Encumbrances. Except as expressly provided in this Article, Lessee shall promptly, at its own
expense, take such action as may be necessary duly to discharge or remove any such mortgage,
pledge, lien, charge, encumbrance or claim.
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ARTICLE VIII
DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS
Section 8.1. Damage, Destruction and Condemnation. If (i) more than 25% of the value
of the Real Property or any portion thereof is destroyed or is damaged by fire or other casualty, or
(ii) title to or the temporary use of the Real Property or any part thereof, or the interest of Lessee
or Lessor in the Real Property or any part thereof, shall be taken under the exercise of the power
of eminent domain by any governmental body or by any person, firm or corporation acting under
governmental authority, Lessee, unless it has determined to terminate this Lease in accordance
with Section 6.1 hereof, shall be entitled to the Net Proceeds of any insurance or condemnation
award and shall apply such Net Proceeds (x) to the prompt repair, restoration, modification or
improvement of the Real Property by Lessee, in which event Lessee shall be obligated to continue
to pay the Rental Payments due with respect to the Real Property, or (y) to the payment of the
applicable prepayment price in accordance with Article X. In the event the Lessee has determined
to terminate this Lease in accordance with Section 6.1 hereof, the Lessee shall turn over such Net
Proceeds to the Lessor.
Section 8.2. Cooperation of Lessor. Lessor shall cooperate fully with Lessee at the
expense of Lessee in filing any proof of loss with respect to any insurance policy covering the
casualties described in Section 8.1 hereof and in the prosecution or defense of any prospective or
pending condemnation proceeding with respect to the Real Property or any part thereof and will,
to the extent it may lawfully do so, permit Lessee to litigate in any proceeding resulting therefrom
in the name of and on behalf of Lessor. In no event will Lessor voluntarily settle, or consent to
the settlement of, any proceeding arising out of any insurance claim or any prospective or pending
condemnation proceeding with respect to the Real Property or any part thereof without the written
consent of Lessee.
Section 8.3. Condemnation of Other Property Owned by Lessee. Lessee shall be entitled
to the Net Proceeds of any condemnation award or portion thereof made for destruction of, damage
to or taking of its property not included in the Real Property.
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ARTICLE IX
LESSEE’S EQUIPMENT; WARRANTIES
Section 9.1. Installation of Lessee’s Equipment. Lessee may at any time and from time
to time, in its sole discretion and its own expense, install items of moveable machinery, standard
office partition, railings, doors, lighting fixtures, and such other equipment as may in Lessee’s
judgment be necessary for its purposes, in or upon the Real Property. All such items shall remain
the sole property of Lessee, in which Lessor shall have no interest, and may be modified or
removed by Lessee at any time provided that Lessee shall repair and restore any and all damage to
the Real Property resulting from the installation, modification or removal of any such items.
Nothing in this Lease shall prevent Lessee from purchasing items to be installed pursuant to this
Section under a conditional sale or lease with option to purchase contract, or subject to a vendor’s
lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided
that no such lien or security interest shall attach to any part of the Real Property.
Section 9.2. Reserved.
Section 9.3. Reserved.
Section 9.4. Warranties. Lessor hereby assigns to Lessee for and during the Term of this
Lease, all of its interest in all warranties and guarantees or other contract rights against any
architect, contractor or manufacturer for the Real Property, expressed or implied, issued on or
applicable to the Real Property, and Lessor hereby authorizes Lessee to obtain the customary
services furnished in connection with such warranties and guarantees at Lessee’s expense.
Lessee’s sole remedy for the breach of such warranties and guarantees shall be against the
manufacturer or supplier of such portion of the Real Property or such contractor or architect, and
not against Lessor, nor shall such matter have any effect whatsoever on the rights of the Lessor
with respect to this Lease, including the right to receive full and timely payments hereunder.
Lessee expressly acknowledges that Lessor does not make and has not made any representation or
warranty whatsoever as to the existence or availability of such warranties with respect to the Real
Property or any portion thereof.
Section 9.5. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR
REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO THE VALUE, DESIGN,
CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR
FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE REAL PROPERTY, OR
ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE REAL
PROPERTY. In no event shall Lessor be liable for any incidental, indirect, special or
consequential damage in connection with or arising out of this Lease or the existence, furnishing,
functioning or Lessee’s use of any portion of the Real Property provided for in this Lease.
15
ARTICLE X
OPTION TO PURCHASE
Section 10.1. When Available. Lessee shall have the option to purchase Lessor’s interest
in the Real Property at a price equal to the principal amount of Rental Payments outstanding, plus
accrued interest to the date of prepayment, only in the manner provided in this Article, (i) on any
date, but only if Lessee is not in default under this Lease, and (ii) on any date pursuant to the events
described in Section 8.1 hereof.
Section 10.2. Exercise of Option. Lessee shall give notice to Lessor of its intention to
exercise its option not less than forty-five (45) days prior to the date on which the option is to be
exercised, and shall deposit with Lessor on the date of exercise an amount equal to all Rental
Payments and any other amounts then due or past due. The closing shall be on the date on which
the option is to be exercised at the office of Lessor.
Section 10.3. Release of Lessor’s Interest. Upon exercise by Lessee of its option to
purchase, Lessee shall have no further obligations under this Lease and Lessor and its officers shall
take all actions necessary to authorize, execute and deliver to Lessee any and all documents
necessary to vest in Lessee, all of Lessor’s right, title and interest in and to the Real Property, free
and clear of all liens, leasehold interest and encumbrances arising under the provisions of this
Lease.
Section 10.4. Defeasance. Lessee shall have the right to defease and satisfy its obligations
to pay Rental Payments due under this Lease, in the manner and with the effect provided in this
Section; but such right may only be exercised if Lessee is not in default under the Lease, or if the
exercise of such right would cure such default. If the whole amount of the Rental Payments due
and payable under this Lease shall be paid, or provision shall have been made for the payment of
the same by the deposit of cash or Qualified Investments in an amount sufficient (together with
interest earnings thereon) to provide for payment of said Rental Payments to the last Payment Date,
or earlier date on which the option to purchase of Lessee is exercised, and all administrative
expenses related thereto shall have been paid or provided for, then, and in that case, all right, title
and interest of Lessor in and to the Real Property, this Lease and the Rental Payments due
hereunder shall thereupon cease, terminate and become void; and Lessor shall assign and transfer
to or upon the order of Lessee all rights in the Real Property and this Lease then held by Lessor,
and shall execute such documents as may be reasonably required by Lessee for this purpose; and
thereafter the Rental Payments due hereunder shall be payable solely from the moneys and
securities so deposited.
16
ARTICLE XI
ASSIGNMENT, SUBLEASING, MORTGAGING AND SELLING
Section 11.1. Assignment by Lessor. Lessor shall not assign its obligations under this
Lease, and no purported assignment thereof shall be effective. All of Lessor’s rights, title and
interest in the Rental Payments shall be assigned to the Trustee for the benefit of the holders of the
Bonds. No other rights, title and/or interests of the Lessor may be assigned.
Section 11.2. Assignment and Subleasing by Lessee. This Lease may not be assigned by
Lessee without the written consent of Lessor and the Trustee. The Lessee may sublease all or any
portion of the Real Property and collect reasonable rents from any third-party user of the Real
Property without prior written consent of the Lessor or the Trustee.
Section 11.3. Restriction on Mortgage or Sale of Real Property by Lessee. Lessee will
not mortgage, sell, assign, transfer or convey the Real Property or any portion thereof during the
Term of this Lease without the written consent of Lessor, except as permitted pursuant to Section
7.1 in the event of a permitted substitution or replacement.
17
ARTICLE XII
EVENTS OF DEFAULT AND REMEDIES
Section 12.1. Events of Default Defined. The following shall be “events of default” under
this Lease and the terms “events of default” and “default” shall mean, whenever they are used in
this Lease, with respect to the Real Property, any one or more of the following events:
(a) Failure by Lessee to pay any Rental Payment or other payment required to
be paid hereunder on the due date specified herein and the continuation of said failure for
a period of three (3) business days after written notice given by Lessor that the payment
referred to in such notice has not been received.
(b) Failure by Lessee to observe and perform any covenant, condition or
agreement on its part to be observed or performed, other than as referred to in clause (a) of
this Section, for a period of thirty (30) days after written notice specifying such failure and
requesting that it be remedied has been given to Lessee by Lessor, unless Lessor shall agree
in writing to an extension of such time prior to its expiration; provided, however, if the
failure stated in the notice cannot be corrected within the applicable period, Lessor will not
unreasonably withhold its consent to an extension of such time if corrective action is
instituted by Lessee within the applicable period and diligently pursued until the default is
corrected.
(c) The filing by Lessee of a voluntary petition in bankruptcy, or failure by
Lessee promptly to lift any execution, garnishment or attachment of such consequence as
would impair the ability of Lessee to carry on its operations at the Real Property, or
adjudication of Lessee as a bankrupt, or assignment by Lessee into an agreement of
composition with creditors, or the approval by a court of competent jurisdiction of a
petition applicable to Lessee in any proceedings instituted under the provisions of the
Federal Bankruptcy Statute, as amended, or under any similar acts which may hereafter be
enacted.
The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation:
if by reason of force majeure Lessee is unable in whole or part to carry out its obligations under
this Lease with respect to the Real Property, other than the obligation of Lessee to pay Rental
Payments with respect thereto which shall be paid when due notwithstanding the provisions of this
paragraph, Lessor or Lessee shall not be deemed in default during the continuance of such inability.
The term “force majeure” as used herein shall mean, without limitation, the following: acts of
God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints
of any kind of the government of the United States of America or any of its departments, agencies
or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires;
storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or
canals; or any other cause of event not reasonably within the control of Lessee and not resulting
from its negligence. Lessee agrees, however, to remedy with all reasonable dispatch the cause or
causes preventing it from carrying out its obligations under this Lease; provided that the settlement
of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of
Lessee and Lessee shall not be required to make settlement of strikes, lockouts and other industrial
18
disturbances by acceding to the demands of the opposing party or parties when such course is in
its judgment unfavorable to Lessee.
Notwithstanding anything contained in this Section 12.1 to the contrary, a failure by Lessee
to pay when due any payment required to be made under this Lease or a failure by Lessee to
observe and perform any covenant, condition or agreement on its part to be observed or performed
under this Lease, resulting from Lessee’s termination of the Lease as contemplated by Section 6.1
hereof, shall not constitute an event of default under this Section 12.1.
Section 12.2. Remedies on Default. Whenever any event of default referred to in
Section 12.1 hereof shall have happened and be continuing with respect to the Real Property,
Lessor shall have the right, at its option and without any further demand or notice, to take one or
any combination of the following remedial steps:
(a) Terminate this Lease, re-enter and take possession of the Real Property and
exclude Lessee from using it; or
(b) Terminate this Lease, declare all Rental Payments due or to become due
during the Fiscal Year of Lessee in effect when the default occurs to be immediately due
and payable by Lessee, whereupon such Rental Payments shall be immediately due and
payable; or
(c) Terminate this Lease and take whatever action at law or in equity may
appear necessary or desirable to collect the Rental Payments then due and thereafter to
become due during the then current Fiscal Year of Lessee with respect to the Real Property,
or enforce performance and observance of any obligation, agreement or covenant of Lessee
under this Lease.
Section 12.3. Return of Real Property. Upon the expiration or termination of this Lease
prior to the payment of all Rental Payments in accordance with Exhibit B, Lessee shall deliver
possession of the Real Property to Lessor in the condition, repair, appearance and working order
required in Section 7.1. Lessor shall take the Real Property subject to any sublease then in effect.
Section 12.4. Delay; Notice. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as often as may be
deemed expedient. In order to entitle any party to exercise any remedy reserved to it in this Lease
it shall not be necessary to give any notice, other than such notice as may be required in this Lease.
Section 12.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to
Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Lease or now or hereafter existing at law or in
equity. No delay or omission to exercise any right or power accruing upon any default shall impair
any such right or power or shall be construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed expedient.
Section 12.6. Agreement to Pay Attorneys’ Fees and Expenses. In the event either party
to this Lease should default under any of the provisions hereof and the non-defaulting party should
19
employ attorneys or incur other expenses for the collection of moneys or the enforcement or
performance or observance of any obligation or agreement on the part of the defaulting party herein
contained, the defaulting party agrees that it will on demand therefore pay to the non-defaulting
party the reasonable fee of such attorneys and such other expenses so incurred by the non-
defaulting party.
Section 12.7. No Additional Waiver Implied By One Waiver. In the event any agreement
contained in this Lease should be breached by either party and thereafter waived by the other party,
such waiver shall be limited to the particular breach so waived and shall not be deemed to waive
any other breach hereunder.
20
ARTICLE XIII
TITLE
Section 13.1. Title to Real Property. During the Term of this Lease, legal title to the Real
Property and any and all repairs, replacements, substitutions and modifications thereto shall be in
Lessor, subject to Lessee’s interests under this Lease. Upon termination of this Lease for either of
the reasons specified in Section 4.2, Clauses (b) and (d), Lessor shall transfer legal title to the Real
Property to Lessee and Lessor shall have no further interest therein. In either of such events,
Lessor shall execute and deliver to Lessee such documents as Lessee may request to evidence such
transfer of legal title to the Real Property to Lessee. Upon termination of this Lease for either of
the reasons specified in Section 4.2, Clauses (a) and (c), Lessee shall surrender possession of the
Real Property to Lessor and shall have no further interest therein. In either of such events Lessee
shall execute and deliver to Lessor such documents as Lessor may request to evidence the
termination of Lessee’s interest in the Real Property.
Section 13.2. Security Interest. Lessor shall have and retain a security interest under the
Uniform Commercial Code in any portion of the Real Property constituting personal property or
fixtures, the proceeds thereof and all repairs, replacements, substitutions and modifications thereto
or thereof made pursuant to Section 7.1, in order to secure Lessee’s payment of all Rental
Payments due during the Term of this Lease and the performance of all other obligations herein to
be performed by Lessee.
21
ARTICLE XIV
ISSUANCE OF THE BONDS
Section 14.1. Agreement to Issue Bonds; Application of Bond Proceeds. In order to
provide funds for payment of the costs of the Project, the Lessor has, or will have, upon or promptly
after the execution of this Lease, issued and delivered to the initial purchaser thereof the Bonds,
and the Lessor has or will have deposited proceeds of the Bonds as described in Section 4.01 of
the Indenture.
22
ARTICLE XV
ADMINISTRATIVE PROVISIONS
Section 15.1. Notices. All notices, certificates or other communications hereunder shall
be sufficiently given and shall be deemed given on the earlier of (i) delivery or (ii) three days
following deposit in the United States mail in certified or registered form with postage fully
prepaid to the addresses shown in the first paragraph hereof. Lessor and Lessee, by notice given
hereunder, may designate different addresses to which subsequent notices, certificates or other
communications will be sent.
Section 15.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding
upon Lessor and Lessee and their respective successors and assigns.
Section 15.3. Severability. In the event any provision of this Lease shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 15.4. Amendments, Charges and Modifications. This Lease may be amended or
any of its terms modified only by written amendment authorized and executed by Lessee and
Lessor.
Section 15.5. Further Assurances and Corrective Instruments. Lessor and Lessee agree
that they will, if necessary, execute, acknowledge and deliver, or cause to be executed,
acknowledged and delivered, such supplements hereto and such further instruments as may
reasonably be required for correcting any inadequate or incorrect description of the Real Property
hereby leased or intended so to be or for carrying out the expressed intention of this Lease.
Section 15.6. Execution in Counterparts. This Lease may be simultaneously executed in
several counterparts each of which shall be an original and all of which shall constitute but one
and the same instrument.
Section 15.7. Applicable Law. This Lease shall be governed by and construed in
accordance with the laws of the State.
Section 15.8. Lessor and Lessee Representatives. Whenever under the provisions of this
Lease the approval of Lessor or Lessee is required, or Lessor or Lessee is required to take some
action at the request of the other, such approval of such request shall be given for Lessor by a
Lessor Representative and for Lessee by a Lessee Representative, and any party hereto shall be
authorized to rely upon any such approval or request.
Section 15.9. Captions. The captions or headings in this Lease are for convenience only
and in no way define, limit or describe the scope or intent of any provisions or Sections of this
Lease.
S-1
IN WITNESS WHEREOF, Lessor has caused this Lease to be executed in its corporate
name by its duly authorized officers, and Lessee has caused this Lease to be executed in its name
by its duly authorized officers, as of the date first above written.
Lessor:
ECONOMIC DEVELOPMENT AUTHORITY OF
THE CITY OF LAKE ELMO, MINNESOTA
By
President
Attest
Secretary
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ______ day of
_____________, 2018, by Steve Nelson and Kristina Handt, the President and Secretary,
respectively, of the Economic Development Authority of the City of Lake Elmo, Minnesota, on
behalf of such Authority.
IN WITNESS WHEREOF I have hereunto set my hand and official seal.
Notary Public
(SEAL)
[Signature Page – Lease-Purchase Agreement]
S-2
Lessee:
CITY OF LAKE ELMO, MINNESOTA
By
Mayor
And
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ____ day of __________,
2018, by Michael Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City
of Lake Elmo, Minnesota, on behalf of the City.
IN WITNESS WHEREOF I have hereunto set my hand and official seal.
Notary Public
(SEAL)
[Signature Page – Lease-Purchase Agreement]
A-1
EXHIBIT A
DESCRIPTION OF REAL PROPERTY
B-1
EXHIBIT B
RENTAL PAYMENT SCHEDULE*
*The PAYMENT DATE for Rental Payments due under this Lease shall be three business
days prior to each bond payment date provided.
STAFF REPORT
DATE: June 5, 2018
REGULAR
ITEM #: 10
AGENDA ITEM: Old Village Phase 4 Street, Drainage, and Utility Improvements – Resolution
Adopting the Final Assessment Roll and Resolution Accepting Bids and Awarding
a Contract
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Sue Iverson, Finance Director
Sarah Sonsalla, City Attorney Rob Weldon, Public Works Director
Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council adopt the Final Assessment Roll and award a
Contract for the Old Village Phase 4 Street, Drainage, and Utility Improvements?
BACKGROUND: On February 20, 2018 the City Council ordered the preparation of the plans and
specifications for the Old Village Phase 4 Street, Drainage and Utility Improvements. The improvements
include the extension of lateral sanitary sewer mains along 32nd Street North, east of Lake Elmo Avenue,
and along 36th Street North/Layton Avenue North. The improvements include the reconstruction of the
existing streets with concrete curb and gutter, the addition of storm sewer improvements to improve
drainage to the extent possible within the project limits and right-of-way, the replacement of the aged
watermain, and a sanitary sewer service stub extended to the property line for each benefitting property.
The project also consists of the installation of a regional storm sewer outfall pipe as another extension of
the City’s regional downtown storm sewer system and considers the addition of a trail extension along 36th
Street North to connect Lion’s Park to the VFW Park.
The scope of improvements remains consistent with the preliminary plans that were presented to the City
Council on February 20th, 2018. Park improvements were added to the scope of improvements based on
staff direction and as part of the project restoration. An informational meeting for members of the
community affected by the proposed assessments was held on April 25, 2018.
PROPOSAL DETAILS/ANALYSIS: On May 15, 2018, the Lake Elmo City Council conducted the
improvement hearing and final assessment hearing for the Old Village Phase 4 Street, Drainage, and Utility
Improvements and subsequently ordered the improvements. The City received objections to the assessments
from two property owners. The adoption of the final assessment roll and award of contract were tabled until
the June 5 City Council meeting.
The Feasibility Report was completed and adopted by the City Council defining the scope of the proposed
improvements together with the estimated project costs and the preliminary assessment roll consisting, in
part, of 100% of the street and drainage improvements being assessed to commercial properties. Staff has
now revised this recommendation to assess only 60% of the street and drainage improvements for
commercial properties and has updated the Final Assessment Roll accordingly. In addition, staff has
obtained signed assessment agreements from each of the properties that filed objections, that withdraws
their objection to the assessment and waives its right to appeal.
At council direction at the May 15 meeting, Change Order No. 1 has been prepared to add a storm sewer
extension to be stubbed to the alley between Laverne Avenue and Layton Avenue to accommodate alley
drainage when the alley is improved in the future.
The following summarizes the REVISIONS to the report findings, assessments, and recommendations:
• A regional drainage area storm sewer outfall pipe will be extended through Lions Park from 36th Street
to Upper 33rd Street connecting to the existing storm sewer system and discharging to the regional
drainage basin. Drainage and Utility Easements necessary for this storm sewer outfall pipe have been
acquired from CHEEE properties.
• 12 residential properties on 32nd Street will be assessed on a per unit basis at 30% of the total city cost
share for these improvements. The street and drainage assessment for each parcel on this project is
being reduced from $8,300 to $7,800 after receiving favorable bids for the project.
• Commercial properties on 36th Street and Layton Avenue North will be assessed on a per linear foot
basis at a reduced rate of 60% of the total project costs for these improvements. The street, and drainage
assessment for each parcel on this project is now $132 per linear foot. Detail for each parcel is provided
on the assessment roll. The assessment will be levied over 15 years.
• A storm sewer has been extended and stubbed into the ally between Laverne and Layton Avenue to
accommodate alley drainage when the alley is improved in the future. This addition to the project is
presented as Change Order No. 1.
Bids were received, publicly opened, and read aloud on Thursday, May 10, 2018. The City’s design
consultant has prepared and attached a summary of bids received and a letter of recommendation for the
award of the contract. The City received 3 bids for this project, with A-1 Excavating, Inc. providing the
lowest base bid in the amount of $1,698,744.21. In addition, staff has prepared Change Order No. 1 to
include the alley storm sewer stub to the scope of improvements per Council direction on May 15, 2018.
Change Order No. 1 increases the contract in the estimated amount of $24,518.00 for a total contact amount
of $1,723,262.21.
As a part of this award Staff is requesting Council to provide the City Administrator authorization to
purchase individual grinder stations from a supplier in the not-to-exceed amount of $50,000 and enter into
a material testing contract in the not-to-exceed amount of $20,000. Additionally, staff is recommending
that the City Council approve a task order to provide construction observation services in an amount not to
exceed $130,000. Each of these items are budgeted in the total estimated project costs. Finally, staff is
asking the City Council 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.
The City Council approved the Plans and Specifications for the Old Village Phase 4 Street, Drainage, and
Utility Improvements on April 17, 2018 and authorized staff to advertise the Project for bids. The Project
was advertised on QuestCDN.com and in the Oakdale-Lake Elmo Review in accordance with the Minnesota
Competitive Bidding requirements.
FISCAL IMPACT: Approval of this resolution commits the council to enter into a construction contract
for the project. The estimated total cost for the Old Village Phase 4 improvements is $2,313,000 with the
street and drainage improvements estimated at $1,235,500; the sanitary sewer improvements estimated at
$418,500; the watermain improvements estimated at $372,500; and the park and trail improvements at
$286,500. The street, drainage, and sanitary improvements are proposed to be assessed against the
benefitting properties consistent with the City’s Special Assessment Policy and the Old Village Sewer
Assessment Policy.
RECOMMENDATION: Staff is recommending that the City Council approve a resolution adopting the
final assessment roll, and approve a resolution accepting bids and awarding a contract for the Old Village
Phase 4 Street, Drainage and Utility Improvements, including Change Order No. 1. Staff is also
recommending that the City Council authorize the City Administrator to purchase individual grinder
stations from a supplier in the not-to-exceed amount of $50,000, enter into a material testing contract in the
not-to-exceed amount of $20,000, and authorize a task order to provide construction observation services
in an amount not to exceed $130,000. The recommended motions for these actions are as follows:
“Move to adopt Resolution No. 2018-060 Adopting the Final Assessment Roll for the Old Village
Phase 4 Street, Drainage, and Utility Improvements.”
and
“Move 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
“Move 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
“Move 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.”
ATTACHMENTS:
1. Resolution Adopting the Final Assessment Roll for the Old Village Phase 4 Street, Drainage, and
Utility Improvements.
2. Resolution Accepting Bids and Awarding a Contract for the Old Village Phase 4 Street, Drainage,
and Utility Improvements.
3. Final Assessment Roll.
4. Engineer’s Summary of Bids Received and Recommendation for Award of Contract.
5. Change Order No. 1.
6. Project Schedule.
7. Assessment Agreement dated May 30, 2018 with C.A. Gerbitz Co., Inc.
8. Assessment Agreement dated May 30, 2018 with Elmo Inn Enterprises, Inc.
9. Drainage and Utility Easement Agreement with CHEEE LLC.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-060
A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR
THE OLD VILLAGE PHASE 4 STREET, DRAINAGE, AND UTILITY
IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessment for the Old Village Phase 4 Street,
Drainage, and Utility Improvements including street, drainage, and sanitary sewer improvements along 32nd
Street North, 36th Street North, and Layton Avenue North.
NOW, THEREFORE, BE IT RESOLVED,
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each tract
of land therein included is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over 15 years for street
and drainage improvements and 20 years for sanitary sewer improvements, the first of the
installments to be payable on or before the first Monday in January, 2019 and shall bear interest at
the rate of 4.5% percent per annum from the adoption date of this assessment resolution. To the
first installment shall be added interest on the entire assessment from July 5, 2018 until December
31, 2018. To each subsequent installment, when due, shall be added interest for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to the certification of the assessment
to the county auditor, pay the whole of the assessment on such property, with the interest accrued
to the date of payment, to the City Clerk, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time
thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be made
before October 31 or interest will be charged through December 31 of the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the county. Such assessments shall be collected
and paid over in the same manner as other municipal taxes.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF JUNE, 2018.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-061
A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE OLD VILLAGE PHASE 4 STREET, DRAINAGE, AND UTILITY
IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for the Old Village Phase 4: Street, Drainage,
and Utility Improvements, bids were received, opened, and tabulated according to law, and bids were
received complying with the advertisement; and
WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the
submittal were met; and
WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the
award of the contract to the lowest responsible bidder, A-1 Excavating, Inc., for the base bid amount of
$1,698,744.21; and
WHEREAS, Change Order No. 1 was prepared to revise the scope of improvements to include
additional storm sewer pipe to be installed in the amount of $24,518.00 thereby revising the total contract
amount to $1,723,262.21.
NOW, THEREFORE, BE IT RESOLVED,
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the
accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible
bid and including Change Order No. 1, and according to the plans and specifications thereof
approved by the City Council.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits
made with their bids, except that the deposits of the successful bidder and the next two lowest
bidders shall be retained until a contract has been signed.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF JUNE, 2018.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
CITY OF LAKE ELMO, MN.
MAY 2018
OLD VILLAGE PHASE 4: STREET AND UTILITY IMPROVEMENTS
32ND STREET NEIGHBORHOOD
FINAL ASSESSMENT ROLL
STREET AND SANITARY SEWER IMPROVEMENTS
PAGE 1 of 1
NO. NAME PID
TOTAL
ASSESSMENT
AMOUNT
STREET AND
DRAINAGE
ASSESSMENT
AMOUNT
SANITARY
SEWER
ASSESSMENT
AMOUNT SAC
1 STUDE ROBERT H & CAROL W 3263 LAKE ELMO AVE N 3263 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320040 $19,400.00 $7,800.00 $11,600.00 1
2 PROKOSCH SUSAN L 11240 32ND ST N 11240 32ND ST N LAKE ELMO MN 55042 1302921310013 $19,400.00 $7,800.00 $11,600.00 1
3 FERGUSON BRIAN T & KIM M 11258 32ND ST N 11258 32ND ST N LAKE ELMO MN 55042 1302921310011 $19,400.00 $7,800.00 $11,600.00 1
4 MEIER JAMES A TRS 11284 32ND ST N PO BOX 217 LAKE ELMO MN 55042 1302921310012 $19,400.00 $7,800.00 $11,600.00 1
5 WENDT MYRON & BEVERLY 11306 32ND ST N 11306 32ND ST N LAKE ELMO MN 55042 1302921310015 $19,400.00 $7,800.00 $11,600.00 1
6 WENDT EDNA C 11328 32ND ST N 11328 32ND ST N LAKE ELMO MN 55042 1302921310014 $19,400.00 $7,800.00 $11,600.00 1
7 ANDREWS JOHN R & CHERL L 11295 32ND ST N 11295 32ND ST N LAKE ELMO MN 55042 1302921340003 $19,400.00 $7,800.00 $11,600.00 1
8 RUBBERT KENNETH O & DOREEN N 11279 32ND ST N 11279 32ND ST N LAKE ELMO MN 55042 1302921340002 $19,400.00 $7,800.00 $11,600.00 1
9 SANCHEZ OCTAVIO & MICHELLE 11267 32ND ST N 11267 32ND ST N LAKE ELMO MN 55042 1302921340004 $19,400.00 $7,800.00 $11,600.00 1
10 REYNOLDS ROCKY P & KAREN K 11247 32ND ST N 11247 32ND ST N LAKE ELMO MN 55042 1302921340005 $19,400.00 $7,800.00 $11,600.00 1
11 PROKOSCH SUSAN L 11223 32ND ST N 11240 32ND ST N LAKE ELMO MN 55042 1302921330005 $31,000.00 $7,800.00 $23,200.00 2
12 BEERS MARY ANNE 3235 LAKE ELMO AVE N PO BOX 64 LAKE ELMO MN 55042 1302921330008 $19,400.00 $7,800.00 $11,600.00 1
TOTAL $244,400.00 $93,600.00 $150,800.00 13
ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.
MAY 2018
OLD VILLAGE PHASE 4: STREET AND UTILITY IMPROVEMENTS
36TH STREET LAYTON AVENUE
FINAL ASSESSMENT ROLL (NON-RESIDENTIAL STREET AT 60%)
STREET AND SANITARY SEWER IMPROVEMENTS
PAGE 1 of 1
NO. NAME PID
TOTAL
ASSESSMENT
AMOUNT
STREET AND
DRAINAGE
ASSESSMENT
AMOUNT
STREET
FRONT
FOOTAGE
SANITARY
SEWER
ASSESSMENT
AMOUNT SAC
1 CHRISTINE L SCHILTZ TRS 3686 LAYTON AVE N 721 10TH AVE N SOUTH ST. PAUL MN 55075 1302921240026 $20,000.00 $8,400 100 11,600.00$ 1
2 WOLDSNES JON 3664 LAYTON AVE N 3664 LAYTON AVE N LAKE ELMO MN 55042 1302921240027 $20,000.00 $8,400 100 11,600.00$ 1
3 TOLLARD GAYL J 3646 LAYTON AVE N 3646 LAYTON AVE N LAKE ELMO MN 55042 1302921240006 $20,000.00 $8,400 100 11,600.00$ 1
4 DITTMANN MELANIE A & MELVIN J 3624 LAYTON AVE N 3624 LAYTON AVE N LAKE ELMO MN 55042 1302921240005 $20,000.00 $8,400 100 11,600.00$ 1
5 ZEIPELT BETH N 3604 LAYTON AVE N 3604 LAYTON AVE N LAKE ELMO MN 55042 1302921240003 $20,000.00 $8,400 250 11,600.00$ 1
6 WACKER WILLIAM G & SALLYANN 3603 LAVERNE AVE N PO BOX 167 LAKE ELMO MN 55042 1302921230017 $8,400.00 $8,400 120 ‐$
7 CITY OF LAKE ELMO 3585 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921230029 $25,200.00 $25,200 350 ‐$
8 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921240018 $25,200.00 $25,200 397 ‐$
9 CHEEE LLC 11320 UPPER 33RD ST N 7250 HUDSON BOULEVARD N OAKDALE MN 55128 1302921240022 $7,920.00 $7,920 60 ‐$
10 CHEEE LLC 7250 HUDSON BOULEVARD N OAKDALE MN 55128 1302921240019 $13,332.00 $13,332 101 ‐$
11 C A GERBITZ CO INC 11299 STILLWATER BLVD N 11299 STILLWATER BLVD N LAKE ELMO MN 55042 1302921240017 $87,468.00 $52,668 399 34,800.00$ 3
12 ELMO INN ENTERPRISES INC 3712 LAYTON AVE N PO BOX 182 LAKE ELMO MN 55042 1302921240025 $134,132.00 $52,932 401 81,200.00$ 7
13 WILLIAM C HAGBERG TRS & PATRICIA H
HAGBERG TRS 11325 STILLWATER BLVD N 3060 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921240016 $34,800.00 $0 0 34,800.00$ 3
TOTAL $436,452.00 $227,652 2478 208,800.00$ 18
ASSESSABLE PROPERTY ADDRESS MAILING ADDRESS
*Properties in Red represent Commercial properties.
**Properties in Black represent Residential properties.
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196
SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax
May 14, 2018 RE: Lake Elmo, MN
Old Village Phase 4: Street, Drainage and
Utility Improvements
City Project No. 2017.157
SEH No. LAKMO 145378
Mr. Jack Griffin
City Engineer
City of Lake Elmo
3880 Laverne Ave. N.
Lake Elmo, MN 55042
On Thursday, May 10, 2018 at, three (3) bids were received for the above-referenced project. The bids
ranged from a high of $1,935,716.65 to a low of $1,698,744.21. The low bid was submitted by A-1
Excavating Inc. of Bloomer, WI in the amount of $1,698,744.21.
Contractor Total Bid
1 A-1 Excavating Inc. $1,698,744.21 **
2 RL Larson Excavating, Inc. $1,863,944.90
3 Geislinger & Sons, Inc. $1,935,716.65
Engineer's Estimate $1,630,091.10
** Denotes corrected figure
In reliance on our experience with A-1 Excavating Inc. and/or materials and information provided by the
contractor, we have determined that according to their bonding agent, they presently have the financial
ability to complete the project bid. SEH makes no representation or warranty as to the actual financial
viability of the contractor or its ability to complete its work.
A-1 Excavating Inc. has completed similar work in Lake Elmo and surrounding communities in the past.
SEH engineers can conclude that A-1 Excavating Inc. has the experience and ability to complete a
project of this size and scope. Accordingly we recommend the project be awarded to A-1 Excavating Inc.
in the amount of $1,698,744.21.
Please contact me if you need any additional information or wish to discuss further. I can be reached at
651.490.2055, or via email at shaupt@sehinc.com.
Sincerely,
Scott Haupt, PE
Project Manager
ah
s:\ko\l\lakmo\145378\6-bid-const\bidding docs\ov 4 recommendation of award.docx
CONTRACT CHANGE ORDER FORM
CHANGE ORDER NO. DATE:
TO:
UNIT
LF
EA
EA
EA
Amount of Original Contract $
Sum of Additions/Deductions approved to date (CO Nos. )$
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
0
This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are
modified as follows upon execution of this Change Order.
BYENGINEER
1,698,744.21
0.00
1,698,744.21
24,518.00
1,723,262.21
INCREASE/(DECREASE)
A‐1 Excavating, Inc, 408 26th Avenue PO Box 90, Bloomer, WI 54724
OLD VILLAGE PHASE 4 IMPROVEMENTS
PROJECT NO. 2017.157
1 May 31, 2018
ITEM
$15,458.00
$4,980.00CO1‐2 Construct Drainage Struct Des. CC‐48" (w/ Casting) 2
$2,490.00
262 $59.00
$3,780.00
$300.00
CO1‐3 Construct Drainage Struct Des. CC‐72" (w/ Casting) 1
$3,780.00
CO1‐4 Storm Sewer Drain Inlet Protection 2
$150.00
NET CONTRACT CHANGE $24,518.00
CITY OF LAKE ELMO, MINNESOTA
BYBY
CHANGE ORDER DESCRIPTION / JUSTIFICATION:
This change order addresses a design change requested by the City. 1) Add storm sewer infrastructure along 36th Street to
accommodate alley drainage when the alley is improved in the future.
Attachments (list documents supporting change):Plan Sheets 3, 30, and 32 Revised for Change Order No. 1
DESCRIPTION OF PAY ITEM QTY UNIT PRICE
CO1‐1 18" RC Pipe Sewer, Des 3006 CL V
5/31/2018
FOCUS Engineering, inc.CHANGE ORDER FORM
SANITARY SEWER STRUCTURE SCHEDULE
MH
NO.STREET STATION LOCATION
EXISTING
TOP OF
CASTING
CASTING
ASSEMBLY
R-1642-B
(SAN)
PROPOSED
TOP OF
CASTING
ELEV.
LOW INV
ELEV.MH DIAM.
MH
BUILD
(LIN. FT)
STD. MH
(10') (EACH)
DRAINS
TO % GRADE
8" PVC
SDR 26
(LIN.FT)
Connect to
Ex. Main
(Each)
REMARKS
EX1 32ND STREET N 0+60.00 4.1 RT 913.38 913.38 892.62
2 32ND STREET N 2+50.00 3.2 RT -X 903.07 893.38 4.00 9.69 X EX1 0.40 134 X CONNECT TO EXIST. 8" STUB
EX3 36TH STREET N 10+69.44 1.6 RT 926.44 926.44 911.53
4 36TH STREET N 14+07.37 26.3 RT X 923.20 913.20 4.00 10.00 X EX3 0.40 316 X CONNECT TO EXIST. 8" STUB
-36TH STREET N 14+18.71 48.0 RT 913.41 4 0.40 28 28' STUB TO EAST (PLUG IN BELL END IS INCIDENTAL)
5 LAYTON AVENUE N 16+39.21 0.00 RT X 923.15 914.28 4.00 8.87 X 4 0.40 245
6 LAYTON AVENUE N 19+00.00 0.00 RT X 924.46 915.42 4.00 9.04 X 5 0.40 261
7 LAYTON AVENUE N 22+61.93 0.00 RT X 926.28 916.97 4.00 9.31 X 6 0.40 362
8 LAYTON AVENUE N 18+99.56 150.0 RT X 923.24 916.12 4.00 7.12 X 6 0.40 150
TOTAL 6 6 1496 2
STORM SCHEDULE STRUCTURE SCHEDULE
STRUCTURE
NO.
LOCATION DESIGN
TOP OF
CASTING
OUTLET
ELEVATION
DRAINS TO 12" RCP 15" RCP 18" RCP 42" RCP 36" SPAN RCP 44" SPAN RCP
REMARKS
STREET/ALIGNMENT STATION
CONST. C/L STRUCTURE
TYPE
CASTING
TYPE NO %
GRADE
INLET
ELEV.
CL V CL V CL III CL III CL II CL II
LT RT 27"2'x3'48"60"72"84"96"120"LIN FT LIN FT LIN FT LIN FT LIN FT LIN FT
100 36TH/LAYTON STORM 100+00.00 0.00 STMH R-1642-B 14.65 931.88 917.23 EX CONSTRUCT OVER EXIST. STORM PIPE (60" RCP)
101 36TH/LAYTON STORM 101+23.27 0.00 STMH R-1642-B 10.66 928.00 917.34 100 0.09 917.23 123
102 36TH/LAYTON STORM 101+92.30 0.00 STMH R-1642-B 10.23 927.63 917.40 101 0.09 917.34 69
103 36TH/LAYTON STORM 103+77.05 0.00 STMH R-1642-B 8.11 925.68 917.57 102 0.09 917.40 185
104 36TH/LAYTON STORM 105+74.59 0.00 STMH R-1642-B 6.19 923.93 917.74 103 0.09 917.58 198
105 36TH/LAYTON STORM 106+19.49 0.00 STMH R-4342 4.37 922.20 917.83 104 0.20 917.74 45
105A 36TH/LAYTON STORM 106+40.70 0.00 STMH R-1642-B 5.12 923.00 917.88 105A 0.25 917.83 21
105B LAYTON AVE N 12+28.53 12.00 CBMH R-3067-V 4.34 924.10 919.76 105A 0.73 917.83 206
-LAYTON AVE N 12+28.53 28.00 -919.94 105B 0.50 919.86 16
105C LAYTON AVE N 12+28.53 12.00 CBMH R-3067-V 4.00 924.10 920.10 105B 1.00 919.86 24
-LAYTON AVE N 12+28.53 28.00 -920.28 105C 0.50 920.20 16
106 LAYTON AVE N 15+00.00 12.00 CBMH R-3067-V 4.03 922.15 918.12 105A 0.25 917.88 95
107 LAYTON AVE N 15+00.00 12.00 CB R-3067-V 3.60 922.15 918.55 106 1.00 918.31 24
108 LAYTON AVE N 18+71.44 12.00 CBMH R-3067-V 4.18 924.00 919.82 106 0.45 918.15 371
109 LAYTON AVE N 18+71.44 12.00 CB R-3067-V 3.60 924.00 920.40 106 2.00 919.92 24
110 36TH/LAYTON STORM 103+77.05 51.48 CB R-2501-C 4.00 926.50 922.50 103 2.00 921.47 51
200 32ND STREET N 6+00.41 22.15 FES 897.00 201 4.08 895.39 37 15" RC PIPE APRON W/ TRASH GUARD
201 32ND STREET N 6+20.43 9.00 CBMH R-3067-V 4.26 899.65 895.39 202 4.20 888.59 162
202 32ND STREET N 7+82.13 9.00 CBMH R-3067-V 4.60 893.09 888.49 203 2.70 886.60 70
203 32ND STREET N 8+37.68 32.00 CBMH R-3067-V 8.06 891.04 886.98 204 0.60 886.88 17 4' SUMP AND SAFL BAFFLE
204 32ND STREET N 8+52.14 41.11 FES 886.88 18" RC PIPE APRON W/ TRASH GUARD
TOTALS 1 2 6 1 4 1 1 1 51 293 674 575 116 45
3603
3604
3624
3585
11320 UPPER 33RD
36
0
4
36
2
4
PROJECT SCHEDULE
CITY OF LAKE ELMO
OLD VILLAGE PHASE 4: STREET AND UTILITY IMPROVEMENTS
PROJECT NO. 2017.157
MAY 2018
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
SEPTEMBER 5, 2017 Council authorizes preliminary design and preparation of the Feasibility Report.
FEBRUARY 20, 2018 Council orders the preparation of Plans and Specifications.
APRIL 17, 2018 Presentation of Feasibility Report. Council accepts Report and calls Improvement
Hearing and Assessment Hearing.Approve Plans and Specifications and Order
Advertisement for Bids.
MAY 10, 2018 Receive Contractor Bids.
MAY 15, 2018 Public Improvement Hearing and Final Assessment Hearing. Council Orders the
Improvement (requires 4/5th vote).
JUNE 5, 2018 Adopt Final Assessment Roll. Accepts Bids and Award Contract.
JUNE 26, 2018 Conduct Pre‐Construction Meeting and issue Notice to Proceed.
•OCTOBER 27, 2018 Substantial Completion.
•JUNE 21, 2019 Final Completion.
STAFF REPORT
DATE: June 5, 2018
REGULAR
ITEM #: 11
AGENDA ITEM: MS4 Permit Program – Public Meeting and Accept the 2017 Annual Report
SUBMITTED BY: Rob Weldon, Public Works Director
REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer
Ryan Stempski, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the Annual Report for the MS4 Permit
Program?
BACKGROUND: The MS4 General Permit is mandated by the federal regulations under the Clean Water
Act and administered by the Minnesota Pollution Control Agency. A municipal separate storm sewer
system (MS4) is a conveyance or system of conveyances (roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, man-made channels, and storm drains) owned by a municipality. The
MS4 program gives owners or operators of MS4’s approval to discharge storm water to lakes, rivers and
wetlands in Minnesota. The MS4 General Permit focuses on reducing the pollution that enters these public
systems and discharges to wetlands, streams and lakes (“waters of the state”). By federal rule, storm water
systems in urban areas are labeled Mandatory MS4s. The City of Lake Elmo is a Mandatory MS4 City.
As a MS4 City, Lake Elmo was required to obtain and comply with a National Pollutant Discharge and
Elimination System (NPDES) storm water permit. To meet these requirements the City prepared and
implemented a five year Storm Water Pollution Prevention Program (SWPPP) beginning in 2006 and
extending through 2010. The MPCA reissued a new five year program effective August 1, 2013 that
extends to July 31, 2018.
The SWPPP specifies and outlines a series of best management practices intended to satisfy the permit
requirements for each of the six minimum control measures. The six minimum control measures are:
1. Public Education and Outreach
2. Public Involvement and Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Storm Water Controls
5. Post-Construction Storm Water Management for development and redevelopment
6. Pollution Prevention/Good Housekeeping for Municipal Operations
PROPOSAL DETAILS/ANALYSIS: As part of the on-going permit requirements as a mandatory MS4
City, Staff has prepared the 2017 MS4 Annual Report and will present a summary report to the City Council
and general public. The City must hold an Annual Public Meeting to encourage public discussion and
participation regarding its storm water quality and steps it is taking to address the MS4 Permit requirements.
Notice of this meeting was posted at City Hall and published in the Oakdale-Lake Elmo Review on May 9,
2018 (see attachment). Public input received will be considered for updating the City’s Storm Water
Pollution Prevention Program (SWPPP) and the meeting minutes will be incorporated into the City’s final
report. The 2017 MS4 Annual Report must be submitted to the MPCA by June 30, 2018. A copy of the
City’s Storm Water Pollution Prevention Program (SWPPP) is available on the City website.
RECOMMENDATION: Staff is recommending that the City Council conduct the Annual Public Meeting
required by the MS4 Permit and receive public input and comments. After receiving a staff presentation
and public comment, it is recommended that the City Council accept the MS4 Annual Report for 2017 and
authorize staff to submit this report to the MPCA by June 30, 2018. The recommended motion for the action
is as follows:
“Move to accept the MS4 Annual Report for 2017 and authorize staff to submit the Report to the MPCA.”
ATTACHMENTS:
1. Notice of MS4 Annual Public Meeting.
2. EMWREP Annual Report – Executive Summary (full report available upon request).
3. City of Lake Elmo 2017 MS4 Annual Report.
CITY OF LAKE ELMO
NOTICE OF ANNUAL PUBLIC MEETING
ON THE CITY STORM WATER POLLUTION PREVENTION PROGRAM
Notice is hereby given that the City Council of Lake Elmo will meet at City Hall at 7:00 p.m. on Tuesday,
June 5, 2018, to conduct a public meeting to encourage public discussion and participation regarding its
storm water quality and Storm Water Pollution Prevention Program (SWPPP).
A 1987 Amendment to the Federal Clean Water Act required implementation of a two-phase
comprehensive national program to reduce pollution from storm water runoff. A National Pollutant
Discharge Elimination System (NPDES) permit from the Minnesota Pollution Control Agency (MPCA) is
required as part of this program. The permit identifies a number of measures that must be met or
implemented by each community. The six minimum measures are:
• Public Education and Outreach
• Public Involvement and Participation
• Illicit Discharge Detection and Elimination
• Construction Site Storm Water Controls
• Post-Construction Storm Water Management for development and redevelopment
• Pollution Prevention/Good Housekeeping for Municipal Operations
The City’s Storm Water Pollution Prevention Program specifies best management practices intended to
satisfy the permit requirements for each of the minimum measures. As part of this program, the City is
required to hold an annual meeting to encourage public discussion and participation regarding its storm
water quality and steps it is taking to address the six minimum control measures. A copy of the SWPPP is
available on the City website or by contacting the City Engineer. An annual report will be submitted to the
MPCA in June 2018. The minutes of the annual public meeting will be incorporated into the City’s annual
report.
The meeting will be held as part of the regular City Council Meeting at City Hall. The agenda for this
meeting will include:
1) A Presentation about implementation of the City's Surface Water Pollution
Prevention Program in 2017,
2) Affording interested persons the opportunity to make oral statements concerning the
Storm Water Pollution Prevention Program,
3) Consideration of relevant written materials that interested persons submit
concerning the Storm Water Pollution Prevention Program; and,
4) Consideration of public input in making adjustments to the 2018 implementation plan
for the Storm Water Pollution Prevention Program.
DATED: May 5, 2018
BY ORDER OF THE LAKE ELMO CITY CLERK
Julie Johnson, City Clerk
(Published in the Oakdale-Lake Elmo Review on May 9, 2018)
4
2017 Executive Summary
Public Education and Engagement: EMWREP continues to lead water education efforts in the
East Metro area through outreach, community engagement, public education, and media
communications. Highlights from 2017 include:
1. Public education: Eight (8) landscaping workshops; four (4) backyard tours; ten (10)
family nature events; and 15+ community events.
• Highlights:
i. Landscaping workshops in North St. Paul, St. Paul Park, Oakdale, Hugo,
Forest Lake and Woodbury
ii. Raingarden maintenance workshops in Stillwater and Forest Lake
iii. AIS Identification workshops in Forest Lake, Big Marine and Lake Elmo
iv. Clean the Croix – river clean up and buckthorn pull with 60 participants
v. BCWD 20th Anniversary & WCD 75th Anniversary events
2. Volunteer engagement:
• Master Water Stewards: With state funding, EMWREP recruited eight citizens to
become Master Water Stewards and will be recruiting 12 additional stewards in
2018. Stewards complete 50-hours of training and a capstone project to become
certified and volunteer 25-50 hours per year to support local watershed work.
• AIS Detectors: We used county funds to train nine local residents as aquatic
invasive species “AIS Detectors”, through a partnership with University of MN.
• EMWREP continues to work in partnership with Washington County Master
Gardeners and to provide support for education initiatives led by St. Croix
Watershed Stewards.
3. Youth education: Staff taught lessons about groundwater and watersheds to more than a
dozen 4th and 5th grade classes; led activities at Cottage Grove and Woodbury Safety
Camps; and provided support to Ramsey-Washington Metro Watershed District to
engage 500 students in planting a raingarden at Woodbury Elementary.
4. Media and communications: Angie Hong continued to write weekly articles about
water and conservation for local newspapers (www.eastmetrowater.areavoices.com).
Through Watershed Partners, we created a new blog-style website
(www.cleanwatermn.org) with monthly articles about local water heroes.
Outreach Support for Project Implementation: EMWREP staff provide support for Clean
Water grants and other partner projects, in addition to promoting cost-share incentive programs.
Examples from 2017 include:
• Green Communities: Completing a three-year grant project to conduct audience research
and install stormwater reduction practices at five Homeowners’ Associations (HOAs) in
Washington County
• Helping Brown’s Creek WD to plan and promote its 20th anniversary event
• Organizing a neighborhood gathering at Hay Lake in Carnelian-Marine-St. Croix WD
• Conducting a raingarden maintenance training for cost-share recipients in Comfort Lake
– Forest Lake WD and Rice Creek WD
• Helping Middle St. Croix WMO to develop a community engagement plan for Lily Lake
• Helping Ramsey-Washington WD staff to plant a raingarden at Woodbury Elementary
5
• Meeting with landscape architects to develop a vision for new park space and an
interpretive center at South Washington WD’s Glacial Valley Park in Woodbury.
• Working with Valley Branch WD and City of Maplewood to design and install four
interpretive signs at Joy Park on Silver Lake
• Providing education support for Washington CD outreach to farmers
• Helping Washington County to develop education activities for its Groundwater Plan
In addition, outreach and education helped to support:
• 257 landowner site visits with Conservation District staff
• 57 new projects installed with watershed cost-share grants
• 79.18 pounds of phosphorus (P) kept out of surface waters (all projects combined)
Professional Trainings for Business and Local Government: EMWREP provides professional
training for businesses and local government through Stormwater U, NEMO, and other
partnerships. Training partners include Minnesota Extension, the University of Minnesota
Erosion and Stormwater Management Certification Program, the Minnesota Erosion Control
Association (MECA), Fortin Consulting, St. Croix River Association, and the Minnesota
Department of Natural Resources (DNR). Professional trainings in 2017 included:
• Turfgrass management & Winter maintenance workshops
• Illicit discharge detection and elimination (IDDE) workshop and presentations
• Stormwater volume control & bioretention design workshop
• Shoreline workshops for realtors
• Business BBQ
• Watershed Partners monthly meetings
• St. Croix River Workshop on the Water
New Materials and Resources: During 2017, EMWREP created new materials and resources to
support water education. Highlights include:
1. Neighborhood Clean-up Engagement Kit: This kit, developed in partnership with
Metro Watershed Partners includes doorhangers, sign-up forms, step-by-step instructions
and other materials to help local residents and community groups organize neighborhood
“storm drain” clean-up events.
2. Yard Signs: “This yard is part of the solution” - These signs come in four different
colors and designs and are sold for $3 each or two for $5.
3. NEW High quality photos: Through the Watershed Partners new media campaign we
now have a collection of more than 100 new high quality photos to help illustrate
common water education topics (ie. lawn care, winter salting, native plants, raking leaves
out of the street, pet poop, etc.). The collection also includes in-action and people photos.
4. Table-top banners: EMWREP has four new table-top pop-up banners available for
partners to borrow: AIS, Pollinators, Lawn Care, and Ag Practices for Soil Health. The
banners are light-weight and retract to fit in small carrying bags.
5. Interactive groundwater displays: Two new groundwater displays developed in 2016
got lots of use in 2017. One features information about groundwater resources in
Washington County, while the other focuses on water conservation. Both are hands-on
and fold-up into wooden suitcases with wheels and handle for easy transport.
6. Green Communities Guidebook: This short guidebook summarizes feedback from
focus groups conducted with homeowner association (HOA) residents, property
management companies, and lawn care professionals and provides advice for engaging
HOAs in clean water projects.
5/29/2018 MS4 Annual Report for 2017
https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D70397463766B72313532373630363034302E34 1/15
You are currently logged in as:
Lake Elmo City MS4
If this is correct, click the 'Next' button. If this information is incorrect, contact Cole
Landgraf (651-757-2880, cole.landgraf@state.mn.us) or Megan Handt
(megan.handt@state.mn.us, 651-757-2843).
Before you begin...
A fillable Microsoft Word document with all of the questions is available at
https://stormwater.pca.state.mn.us/index.php?title=MS4_Annual_Report (for personal
use only, not for submittal).
The MS4 Annual Report for 2017 will automatically save your answers when you hit the
‘Next’ button at the bottom of each page.
If you wish to leave the MS4 Annual Report for 2017 and complete the document at
another time, you may do so by clicking ‘Next’ at the bottom of your current page to
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credentials. Once you successfully log in, your previous answers will appear.
The MPCA will email a PDF of your MS4 Annual Report for 2017 information to you in a
confirmation email within three business days after you submit this form.
You may print a copy of the MS4 Annual Report for 2017 for your records at any time
by pressing the ‘Print’ button at the bottom of the page.
Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2017 if you
are working on a computer with OneNote (a program often included in Microsoft Office
packages). Detailed saving instructions are available at
stormwater.pca.state.mn.us/index.php/Guidance_for_saving_MS4_annual_reports.
MS4 Annual Report for 2017
Reporting period: January 1, 2017 to December 31, 2017
Due: June 30, 2018
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Instructions: Complete this annual report to provide a summary of your activities under
the 2013 MS4 Permit (Permit) between January 1, 2017 and December 31, 2017.
MPCA staff may contact you for additional information.
Fillable document available at https://stormwater.pca.state.mn.us/index.php?
title=MS4_Annual_Report (for personal use only, not for submittal).
Questions: Contact Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880) or
Megan Handt (megan.handt@state.mn.us, 651-757-2843)
MS4 General Contact Information
Full name Rob Weldon
Title Public Works Director
Mailing
address 3880 Laverne Avenue N
City Lake Elmo
State MN
Zip code 55042
Phone 651.747.3941
Email rweldon@lakeelmo.org
Preparer Contact Information (if different from the MS4 General Contact)
Full name Ryan Stempski
Title Project Engineer
Organization FOCUS Engineering, Inc.
Mailing
address 3880 Laverne Avenue N
City Lake Elmo
State MN
Zip code 55042
Phone 651.300.4267
Email ryan.stempski@focusengineeringinc.com
MCM 1: Public Education and Outreach
The following questions refer to Part III.D.1. of the Permit.
Q2 Did you select a stormwater-related issue of high priority to be emphasized during this
Permit term? [Part III.D.1.a.(1)]
Yes
No
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Q4 Have you distributed educational materials or equivalent outreach to the public focused
on illicit discharge recognition and reporting? [Part III.D.1.a.(2)]
Yes
No
Q5 Do you have an implementation plan as required by the Permit? [Part III.D.1.b.]
Yes
No
Q6 How did you distribute educational materials or equivalent outreach? Check all that
apply and provide circulation/audience associated with each item. [Part III.D.1.a.]
Brochure
Newsletter
Utility bill insert
Newspaper ad
Radio ad
Television ad
Cable access channel
Stormwater-related event
School presentation or project
Website
Other (1)
Other (2)
Other (3)
Q7 Intended audience? Check all that apply.
Residents Local
Businesses Developers Students Employees Other
Brochure
Newsletter
Newspaper ad
Television ad
Stormwater-
related event
School
presentation or
project
Website
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Q8 Enter the total circulation/audience (if unknown, use best estimate):
Brochure 1,000
Newsletter 8,000
Newspaper
ad 11,066
Television
ad 4,000
Stormwater-
related
event
1,000
School
presentation
or project
1,000
Website 12,000
Provide a brief description of each activity related to public education and outreach
(e.g. rain garden workshop, school presentation, public works open house) held and
the date each activity was held from January 1, 2017 to December 31, 2017. [Part
III.D.1.c.(4)]
Q9 Date of activity Q10Description of activity
Date
(mm/dd/yyyy)7/15/2017 Family Nature Event (campfire program at Lake
Elmo Park Reserve)
Date
(mm/dd/yyyy)4/28/2017 Tree Sale in Lake Elmo
Date
(mm/dd/yyyy)5/21/2017 Master Gardener Plant Sale in Lake Elmo
Date
(mm/dd/yyyy)8/15/2017 Aquatic Invasive Species Identification
Workshop (Tri-Lakes Area)
Date
(mm/dd/yyyy)8/2/2017 Washington County Fair Community Event
Date
(mm/dd/yyyy)9/17/2017 Washington Conservation District 75th
Anniversary Community Event
Date
(mm/dd/yyyy)
Date
(mm/dd/yyyy)
Q11 Between January 1, 2017 and December 31, 2017, did you modify your BMPs,
measurable goals, or future plans for your public education and outreach program?
[Part IV.B.]
Yes
No
MCM 2: Public Participation/Involvement
The following questions refer to Part III.D.2.a. of the Permit.
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Q12 You must provide a minimum of one opportunity each year for the public to provide
input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP). Did
you provide this opportunity between January 1, 2017 and December 31, 2017? [Part
III.D.2.a.(1)]
Yes
No
Q13 What was the opportunity that you provided? Check all that apply.
Public meeting
Public event
Other
Q14 Did you hold a stand-alone meeting or combine it with another event?
Stand-alone
Combined
Enter the date
of the public
meeting
(mm/dd/yyyy):
6/6/2017
Enter the
number of
citizens that
attended and
were
informed
about your
SWPPP:
0
Q17 Between January 1, 2017 and December 31, 2017, did you receive any input regarding
your SWPPP?
Yes
No
Q19 Between January 1, 2017 and December 31, 2017, did you modify your BMPs,
measurable goals, or future plans for your public participation/involvement program?
[Part IV.B.]
Yes
No
MCM 3: Illicit Discharge Detection and Elimination
The following questions refer to Part III.D.3. of the Permit.
Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to
your MS4? [Part III.D.3.b.]
Yes
No
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Q21 Did you identify any illicit discharges between January 1, 2017 and December 31,
2017? [Part III.D.3.h.(4)]
Yes
No
Q30 Do you have written Enforcement Response Procedures (ERPs) to compel compliance
with your illicit discharge regulatory mechanism(s)? [Part III.B.]
Yes
No
Q31 Between January 1, 2017 and December 31, 2017, did you train all field staff in illicit
discharge recognition (including conditions which could cause illicit discharges) and
reporting illicit discharges for further investigations? [Part III.D.3.e.]
Yes
No
The following questions refer to Part III.C.1. of the Permit.
Q33 Did you update your storm sewer system map between January 1, 2017 and December
31, 2017? [Part III.C.1.]
Yes
No
Q34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the
direction of stormwater flow in those pipes? [Part III.C.1.a.]
Yes
No
Q35 Does your storm sewer map include outfalls, including a unique identification (ID)
number and an associated geographic coordinate? [Part III.C.1.b.]
Yes
No
Q36 Does your storm sewer map include all structural stormwater BMPs that are part of
your MS4? [Part III.C.1.c.]
Yes
No
Q37 Does your storm sewer map include all receiving waters? [Part III.C.1.d.]
Yes
No
Q38 In what format is your storm sewer map available?
Hardcopy only
GIS
CAD
Other
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Q39 Between January 1, 2017 and December 31, 2017, did you modify your BMPs,
measurable goals, or future plans for your illicit discharge detection and elimination
(IDDE) program? [Part IV.B.]
Yes
No
MCM 4: Construction Site Stormwater Runoff Control
The following questions refer to Part III.D.4. of the Permit.
Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency's
general permit to Discharge Stormwater Associated with Construction Activity (CSW
Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php/view-document.html?
gid=18984) for erosion and sediment controls and waste controls? [Part III.D.4.a.]
Yes
No
Q41 Have you developed written procedures for site plan reviews as required by the
Permit? [Part III.D.4.b.]
Yes
No
Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.]
Yes
No
Q43 Enter the number of site plan reviews conducted for sites an acre or greater of soil
disturbance between January 1, 2017 and December 31, 2017:
15
Q44 What types of enforcement actions do you have available to compel compliance with
your regulatory mechanism? Check all that apply and enter the number of each used
from January 1, 2017 to December 31, 2017.
Verbal warnings
Notice of violation
Administrative orders
Stop-work orders
Fines
Forfeit of security of bond money
Withholding of certificate of occupancy
Criminal actions
Civil penalties
Other
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Enter the
number
of verbal
warnings
issued:
4
Enter the
number
of notice
of
violations
issued:
4
Enter the
number
of stop-
work
orders
issued:
0
Enter the
number
of
forfeitures
of
security
bond
money
issued:
0
Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance
with your construction site stormwater runoff control regulatory mechanism(s)? [Part
III.B.]
Yes
No
Q46 Enter the number of active construction sites an acre or greater that were in your
jurisdiction between January 1, 2017 and December 31, 2017:
15
Q47 Do you have written procedures for identifying priority sites for inspections? [Part
III.D.4.d.(1)]
Yes
No
Q49 Do you have a checklist or other written means to document site inspections when
determining compliance? [Part III.D.4.d.(4)]
Yes
No
Q50 Enter the number of site inspections conducted for sites an acre or greater between
January 1, 2017 and December 31, 2017:
30
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Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly,
monthly): [Part III.D.4.d.(2)]
Weekly
Q52 Enter the number of trained inspectors that were available for construction site
inspections between January 1, 2017 and December 31, 2017:
2
Q53 Provide the contact information for the inspector(s) and/or organization that conducts
construction stormwater inspections for your MS4. List your primary construction
stormwater contact first if you have multiple inspectors.
(1)
Inspector
name
Dave Klocker
Organization Hyperion Consulting, Inc.
Phone
(Office)
Phone
(Work Cell)651.300.9302
Email dmklocker@gmail.com
Preferred
contact
method
phone
(2)
Inspector
name
Amanda Groh
Organization FOCUS Engineering, Inc.
Phone
(Office)
Phone
(Work Cell)952.479.0324
Email amanda.groh@focusengineeringinc.com
Preferred
contact
method
email
(3)
Inspector
name
Organization
Phone
(Office)
Phone
(Work Cell)
Email
Preferred
contact
method
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Q54 What training did inspectors receive? Check all that apply.
University of Minnesota Erosion and Stormwater Management Certification Program
Qualified Compliance Inspector of Stormwater (QCIS)
Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor
Minnesota Utility Contractors Association Erosion Control Training
Certified Professional in Erosion and Sediment Control (CPESC)
Certified Professional in Stormwater Quality (CPSWQ)
Certified Erosion, Sediment and Storm Water Inspector (CESSWI)
Other
Q55 Between January 1, 2017 and December 31, 2017, did you modify your BMPs,
measurable goals, or future plans for your construction site stormwater runoff control
program? [Part IV.B.]
Yes
No
MCM 5: Post-Construction Stormwater Management
The following questions refer to Part III.D.5. of the Permit.
Q56 Do you have a regulatory mechanism which meets all requirements as specified in Part
III.D.5.a. of the Permit?
Yes
No
Q57 What approach are you using to meet the performance standard for Volume, Total
Suspended Solids (TSS), and Total Phosphorus (TP) as required by the Permit? [Part
III.D.5.a.(2)]
Check all that apply.
Refer to the link http://www.pca.state.mn.us/index.php/view-document.html?gid=17815
for guidance on stormwater management approaches.
Retain a runoff volume equal to one inch times the area of the proposed increase of impervious
surfaces on-site
Retain the post-construction runoff volume on site for the 95th percentile storm
Match the pre-development runoff conditions
Adopt the Minimal Impact Design Standards (MIDS)
An approach has not been selected
Other method (Must be technically defensible--e.g. based on modeling, research and acceptable
engineering practices)
Q58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance
with your post-construction stormwater management regulatory mechanism(s)? [Part
III.B.]
Yes
No
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Q59 Between January 1, 2017 and December 31, 2017, did you modify your BMPs,
measurable goals, or future plans for your post-construction stormwater management
program? [Part IV.B.]
Yes
No
MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations
The following questions refer to Part III.D.6. of the Permit.
Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground
outfalls), and ponds within your MS4 (exclude privately owned).
Structural
stormwater
BMPs
7
Outfalls 118
Ponds 79
Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground
outfalls), and ponds that were inspected from January 1, 2017 to December 31, 2017
within your MS4 (exclude privately owned). [Part III.D.6.e.]
Structural
stormwater
BMPs
0
Outfalls 0
Ponds 20
Q62 Have you developed an alternative inspection frequency for any structural stormwater
BMPs, as allowed in Part III.D.6.e.(1) of the Permit?
Yes
No
Q63 Based on inspection findings, did you conduct any maintenance on any structural
stormwater BMPs? [Part III.D.6.e.(1)]
Yes
No
Q64 Briefly describe the maintenance that was conducted:
Eden Park Outfall Repair Outfall Cleaning at 8335 22nd Street N
Q65 Do you own or operate any stockpiles, and/or storage and material handling areas?
[Part III.D.6.e.(3)]
Yes
No
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Q66 Did you inspect all stockpiles and storage and material handling areas quarterly? [Part
III.D.6.e.(3)]
Yes
No
Q67 Based on inspection findings, did you conduct maintenance at any of the stockpiles
and/or storage and material handling areas?
Yes
No
Q69 Between January 1, 2017 and December 31, 2017, did you modify your BMPs,
measurable goals, or future plans for your pollution prevention/good housekeeping for
municipal operations program? [Part IV.B.]
Yes
No
Discharges to Impaired Waters with a USEPA-Approved TMDL that Includes an
Applicable WLA
You must complete the TMDL Annual Report Form, available at:
https://stormwater.pca.state.mn.us/index.php?title=Download_page_with_TMDL_forms.
Attach your completed TMDL Annual Report Form to this Annual Report as instructed
below. [Part III.E.]
Q71 Click the "up arrow" icon below to upload your TMDL Annual report form. When it has
uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in
size will upload.
ref:0000000070:Q71
Partnerships
Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements?
Yes
No
Q79 Describe the agreements you have with other regulated MS4s and which Permit
requirements the other regulated MS4s help satisfy: [Part IV.B.6.]
EMWREP - The City continues to extend their contract with EMWREP to address MCM's
1 & 2. New Development - Watersheds (VBWD & SWWD) have rules and regulations in
place (MIDS) for land development permitting that is required per City Ordinance.
Additional Information
If you would like to provide any additional files to accompany your annual report, use
the space below to upload those files. For each space, you may attach one file. You
may provide additional explanation and/or information in an email with the subject
YourMS4NameHere_2017AR to ms4permitprogram.pca@state.mn.us.
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Q80 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a
unique ID will appear in the box. Only files less than 10 MB in size will upload.
Q81 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a
unique ID will appear in the box. Only files less than 10 MB in size will upload.
Q82 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a
unique ID will appear in the box. Only files less than 10 MB in size will upload.
Q83 Optional, describe the file(s) uploaded:
Optional Question
The MPCA is attempting to identify potential sources of water quality data. Answering
this question will help the MPCA and interested stakeholders obtain a more
comprehensive understanding of sources of data that may be shared and ultimately aid
in understanding the extent to which stormwater management practices result in water
quality improvements.
Q84 Are you collecting water quality data (e.g., from surface waters, outfalls, best
management practices, etc.) that is not associated with a waste water treatment plant?
Yes
No
Owner or Operator Certification
The person with overall administrative responsibility for SWPPP implementation and
Permit compliance must certify this MS4 Annual Report. This person must be duly
authorized and should be either a principal executive (i.e., Director of Public Works,
City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor).
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I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated the information submitted. Based
on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I
am aware that there are significant penalties for submitting false information, including
the possibility of fine and imprisonment (Minn. R. 7001.0540).
Yes
By typing my name in the following box, I certify the above statements to be true and
correct, to the best of my knowledge, and that information can be used for the purpose
of processing my MS4 Annual Report.
Name:
Title:
Date:
(mm/dd/yyyy)
When you are ready to submit, you must click the
'Submit' button at the bottom of this page.
Provide the email(s) of the individual(s) you would like to receive the MS4 Annual
Report for 2017 submittal confirmation email from the MPCA. After you click the Submit
button below, please allow up to three business days to receive this email.
Email
(1)
Email
(2)
Email
(3)
Print or save a copy of your completed MS4 Annual Report for 2017 for your
records. The MPCA will email a PDF of your MS4 Annual Report for 2017
information in a confirmation email within three business days after you submit
this form to the email(s) you provided above.
You may print a copy of the MS4 Annual Report for 2017 for your records by pressing
the ‘Print’ button at the bottom of the page.
Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2017 if you
are working on a computer with OneNote (a program often included in Microsoft Office
packages). Detailed saving instructions are available at
stormwater.pca.state.mn.us/index.php/Guidance_for_saving_MS4_annual_reports.
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If you have any questions, contact MPCA staff Cole Landgraf
(cole.landgraf@state.mn.us, 651-757-2880) or Megan Handt
(megan.handt@state.mn.us, 651-757-2843).
STAFF REPORT
DATE: June 5, 2018
REGULAR
ITEM #: 12
TO: Mayor and Council
AGENDA ITEM: National Night Out Event at Lion’s Park
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND:
City staff was approached by a group of residents with the desire to initiate an annual citywide National
Night Out event. This group of residents stated they would like to use the National Night Out premise to
bring residents together in one central location, while being more-inclusive of new residents. The event is
planned to run from 6:00 PM – 9:00 PM on Tuesday, August 7th, 2018.
In order to accommodate a larger number of people, the proposed event will take place at Lion’s Park.
There will also be a need for a road closure on Laverne Ave. between 36th St. N to just north of Fire
Station 1. By keeping Laverne Ave. open from Fire Station 1 to the south, this will allow firefighters to
exit the fire station and get to any potential calls via Laverne and Upper 33rd St. By closing this portion of
Laverne Ave., room will be created for vehicles from the Public Works and Fire Departments to be
displayed, as well as vehicles/equipment from the Washington County Sherriff’s Office. The road closure
will also provide an added layer of safety to residents attending the event.
ISSUE BEFORE COUNCIL:
Should the Council approve the sponsorship of the citywide National Night Out event at Lion’s Park?
Should the Council approve the closure of Laverne Ave N from 36th St N to the fire station?
PROPOSAL:
As this event is aimed at the entire community, it is larger event, and will use the public land/facilities,
staff recommends that Council approve the sponsorship of the citywide National Night Out event at
Lion’s Park. This will make the event an official City-sponsored event and allow for it to be covered
under the City’s insurance.
With the additional scale of the event, the resident group has proposed additional activities and amenities
be made available to residents during the designated times.
Event Timetable:
6:00 PM – 9:00 PM on Tuesday, August 7th, 2018.
Location:
As previously stated, the event will take place at Lion’s Park, and within the closed portion of Laverne
Ave. Any vehicles, booths, or other entertainment/activities will be positioned in the Lion’s Park parking
lot or on Laverne Ave. All vehicles and booths will be kept off of the ballfield in order to maintain the
sod and field integrity.
Parking:
Parking will be available along the nearby streets, and a representative from Christ Lutheran Church has
offered their parking lot. Nearby business owners may also be contacted for additional parking.
Insurance:
As stated previously, this City-sponsored event would be using the City’s property and liability insurance
at no additional costs if the sponsorship is approved.
Restrooms:
Event attendees will have access to the Lion’s Park restrooms and the on-site portable restroom. The
facilities in Christ Lutheran Church will also be made available.
Entertainment:
As with the theme of National Night Out, vehicles and equipment from the Public Works and Fire
Departments, as well as the Washington County Sheriff’s Department, will be displayed along Laverne
Ave. and in the Lion’s Park parking lot.
The Washington County Library will provide programing to suit the needs/desires of the event
committee. Nate Deprey has expressed strong interest on behalf of Washington County in being involved
with the proposed event, and mentioned there are several different activities that the Library would
provide depending on the space available. At the last meeting, Nate discussed holding a movie viewing
inside the library, or creating a “Story Stroll” where a story is detailed by walking from “station to
station.” Any additional costs would be covered by the Washington County Library.
This resident group has also planned to reach out to local business owners to setup booths where they can
provide additional activities for attendees. Activities may include face painting, prize wheels, bounce
house sponsorship, etc. Proposed activities will be vetted by City staff to ensure they would require no
additional insurance or permit considerations.
Food:
The event organizers will not be direct selling, or providing food, but the El Coronel Food Truck (often
parked outside the Lake Elmo Inn) will be parked along Laverne Ave. for attendees. El Coronel will be
using their own insurance, and already has the necessary permitting in place. Any free refreshments
given away by booths/business-owners will have no impact on insurance needs and is permitted.
No alcohol will be served at the event.
Additional Information:
Because this will be a City-sponsored event, if approved, the obligations of the Public Works and Fire
Departments will be shifted to this event. Vehicle displays and staff participation will be focused at the
Lion’s Park area, rather than other neighborhood events throughout the City as in years past.
City staff will help to promote the event via the City’s website, Facebook page, and the Fresh.
FISCAL IMPACT:
No cost outside of staff time in preparation for the event, promoting the event, and for those who will be
attending the event.
OPTIONS:
1) Approve the sponsorship of the citywide National Night Out event at Lion’s Park as proposed
including the closure of Laverne Ave N from the fire station north to 36th St from 5:30pm to 9:30pm
2) Approve the sponsorship of the citywide National Night Out event at Lion’s Park under different
parameters
3) Do not approve the National Night Out event at Lion’s Park.
RECOMMENDATION:
“Move to approve the City-sponsorship of the citywide National Night Out event at Lion’s Park and the
closure of Laverne Ave N from the fire station north to 36th St from 5:30pm to 9:30pm”
ATTACHMENTS:
None.