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HomeMy WebLinkAbout7-3-18 Council meeting packet NOTICE OF MEETING City Council Meeting Tuesday, July 3, 2018 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North AGENDA A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Accept Minutes 1. June 19, 2018 D. Public Comments/Inquires E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Approve Lake Elmo Jaycees Special Event Permit and Temporary Liquor License for Huff n Puff Days 4. Approve Extension of Comcast Cable Franchise Agreement 5. Approve Lake Jane Lake Association Improvement Matching Grant 6. Approve Removal of Self Storage Facilities from Zoning Code-Ordinance 08-213 7. Authorize Advertising for Public Works Operator 8. Accept Resignation of Part-Time Firefighter 9. Approve Royal Golf 2nd Addition Final Plat Amendment – Resolution 2018-063 10. Approve Royal Golf 2nd Addition Development Agreement – Resolution 2018-064 11. Approve Disposition of Surplus Fire Department Equipment G. Regular Agenda 12. Wyndam Village Prelminary Plat and Zoning Map Amendment – Ordinance 08-212; Resolution 2018- 066 13. Fire Rescue Engine & Equipment Purchase 14. Online/Credit Card Payment Charges 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 JUNE 19, 2018 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Fire Chief Malmquist and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Bloyer, seconded by Councilmember Nelson, moved TO POSTPONE ITEMS 14 AND 19 TO THE NEXT MEETING. Motion withdrawn. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO POSTPONE ITEM 17, “ROYAL GOLF 2ND ADDITION DEVELOPMENT AGREEMENT” TO THE NEXT COUNCIL MEETING. Motion passed 3 – 0. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO MOVE ITEMS 15 AND 16 TO THE CONSENT AGENDA. Motion passed 3 – 0. Councilmember Bloyer, seconded by Mayor Pearson, moved TO AMEND THE PREVIOUS MOTION TO MOVE ONLY ITEM 16 TO THE CONSENT AGENDA. Motion passed 3 – 0. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE AGENDA TO MOVE CLOSED SESSION ITEM J TO THE CONSENT AGENDA AS “RECISSION OF TERMINATION AND ACCEPTANCE OF RESIGNATION OF MATT NICKLAY.” Motion passed 3 – 0. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 3 – 0. ACCEPT MINUTES Minutes of the June 5, 2018 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Tony Manzara, 5050 Kirkwood Avenue N., thanked the City Council and all those involved in getting the Sally Manzara Nature Center up and running, noting that about 225 people attended the grand opening. LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2018 Page 2 of 3 CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Accept Building Department May 2018 Report 4. Accept Fire Department May 2018 Report 5. Accept Public Works May 2018 Report 6. Approve 2018 Wage Adjustments 7. Approve Staggered EDA Terms 8. Approve Public Library Site Improvements Pay Request No. 1 9. Approve Old Village Phase 3 Street & Utility Improvements Pay Request No. 7 10. Approve I-94 Lift Station Change Order No. 3 11. Approve Eagle Point Blvd. Street Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling Hearing on Proposed Assessment – Resolution 2018-069 12. Approve CSAH 17 Phase 3 Improvements Cooperative Cost Share and Maintenance Agreement – Resolution 2018-067 & 2018-068 13. Approve Hiring of POC Firefighter 16. Royal Golf 2nd Addition Final Plat, PUD and Easement Vacation – Resolution 2018-062, 2018-063 20. Rescind Termination and Accept Resignation of Matt Nicklay Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 3 - 0. ITEM 15: Boulder Ponds 3rd Addition Final Plat and PUD Planning Director Becker presented the final plat for the Boulder Ponds 3rd Addition. Craig Rossow, 483 Julep Avenue North, asked that the 100 foot buffer be maintained along the border with the Stonegate neighborhood. Councilmember Nelson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2018-065 APPROVING THE BOULDER PONDS 3RD ADDITION FINAL PLAT AND FINAL PUD PLAN WITH THE 12 CONDITIONS OF APPROVAL AS DRAFTED BY STAFF AND THE PLANNING COMMISSION BASED ON THE FINDINGS LISTED IN THE STAFF REPORT. Motion passed 3 – 0. ITEM 18: Eden Park Storm Sewer Repair LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2018 Page 3 of 3 Public Works Director Weldon reviewed the proposed repairs to the storm sewer discharge pipe on Lisbon Avenue in the Eden Park neighborhood. Councilmember Nelson, seconded by Councilmember Bloyer, moved TO APPROVE REPAIRS OF EDEN PARK STORM SEWER FOR AN AMOUNT NOT TO EXCEED $30,000 TO C. W. HOULE INC. Motion passed 3 – 0. COUNCIL REPORTS No reports presented. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Will be attending the League of MN Cities Conference June 20 – 22nd. City Clerk Johnson: Will be attending the League of MN Cities Clerks Conference June 20 – 22nd. City Attorney Sonsalla: Working on Boulder Ponds and Royal Golf development review. City Engineer Griffin: Meeting adjourned at 7:23 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT -- page 1 -- DATE: July 03, 2018 CONSENT TO: Mayor and City Council FROM: Amy La Belle, Accountant AGENDA ITEM: Payments & Disbursements REVIEWED BY: Kristina Handt, City Administrator BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. FISCAL IMPACT: Claim # Amount Description ACH $ 73,647.36 Payroll 06/21/18 47570 - 47633 $ 347,033.68 Accounts Payable 07/03/18 TOTAL $ 420,681.04 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: “Motion to approve the aforementioned disbursements in the amount of $420,681.04” ATTACHMENTS: 1. Accounts Payable – proof list(s) STAFF REPORT DATE: July 3, 2018 Consent ITEM #: 3 TO: Mayor and City Council FROM: Julie Johnson, City Clerk AGENDA ITEM: Lake Elmo Jaycees Special Event Permit & Temporary Liquor License for Huff n’ Puff Days BACKGROUND: Lake Elmo Jaycees will hold their annual Huff n’ Puff Days event August 9 through 12, 2018 and have requested an on-sale temporary special event liquor license to allow for the safe sale of alcoholic beverages at the event. They are also requesting a special event permit. City Council is respectfully requested to consider approval of a temporary on-sale liquor license issued to the Lake Elmo Jaycees for their annual Huff n’ Puff Days event held Augu st 9 through 12, 2018, subject to approval of the Director of Alcohol and Gambling Enforcement. In addition, the City Council is requested to waive the $25 liquor license fee, the fee for the Lion’s Park ball field lighting and the special event permit fee of $75 ISSUE BEFORE COUNCIL: Should the Council approve the special event permit, liquor license and waive the fees for the liquor license, special event permit and ball field lighting? Should the Council place conditions on the approval requiring sheriff’s deputies for the event? If so, should the City contribute to the cost of the deputies? PROPOSAL DETAILS/ANALYSIS: The City Council approves special event permits under City Code Section 110.70. The code establishes standards for special events in the following areas: maximum number of people, sound equipment, sanitary facilities, security, food service, fire protection, duration of special event, and a cleanup plan. Prior to the issuance of a permit, the City Council, may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons, attendant or of the citizens of the City of Lake Elmo including, but not limited to, restrictions on parking and vehicle access, lighting, litter and noise. With respect to security and safety procedures, the Jaycees are proposing to have people patrol the event and monitor the park continually for infractions. There is no live band included in the event this year. Alcohol sales are proposed for the same hours as past years: Thursday 5:30 p.m. – 10:30 p.m., Friday 5:30 p.m. – 12:00 a.m., Saturday 8:00 a.m. – 12:00 a.m., and Sunday 10:00 a.m. – 8:00 p.m. Washington County Sheriff’s Department is proposing two deputies on Thursday 6:30 p.m. – 10:30 p.m.; Friday and Saturday 6:00 p.m. – 12:00 a.m.; and Sunday from 4:00 p.m. – 8:00 p.m. This is the same level of security provided last year and staff would support this recommendation. The cost is $45/hour per deputy with a four hour minimum, for a total of $1,800. Last year the City provided sheriff’s deputies for the event at no cost to the Jaycees. Clean up would be completed by volunteers including trash pickup surrounding the area after the event. FISCAL IMPACT: The cost of the deputies at the event will be about $1,800. The City received a donation of $12,700 from the Jaycees this year which exceeds the budgeted amount of $10,000. Staff is proposing that the City pay the cost of deputies in the estimated amount of $1,800 which would not negatively impact the City’s budget due to the $2,700 excess in the amount donated by the Jaycees this year. OPTIONS: 1) Approve the special event permit for Huff n Puff Days 2018 with the following conditions:  The event shall be held as described in the application  Waive of the special event permit fee, liquor license fee and ball field lighting fee  Deputies will be onsite as recommended by the Washington County Sheriff’s Office 2) Approve the special event permit for Huff n Puff Days 2018 with different conditions 3) Do not approve the special event permit for Huff n Puff Days RECOMMENDATION: If removed from the consent agenda, staff recommends the following motion: “Motion to approve a special event permit and temporary on-sale liquor license issued to the Lake Elmo Jaycees for their Huff n’ Puff Days event held August 9 through 12, 2018, subject to approval of the Director of MN Alcohol and Gambling Enforcement Division, and waive the liquor license fee, special event permit fee and the fee for Lion’s Park ball field lighting and with the City paying for the cost of security during the event.” ATTACHMENTS:  Special Event Permit Application  Liquor License Application STAFF REPORT DATE: July 3, 2018 CONSENT #4 AGENDA ITEM: Cable Franchise Extension SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: At the February 7th meeting, Council approved a Cable Franchise Agreement Extension to allow the Ramsey Washington Cable Commission to continue to negotiate a new agreement with Comcast. The cable commission is asking for another extension in order to continue the negotiations. ISSUE BEFORE COUNCIL: Should the Council extend the cable franchise agreement with Comcast? PROPOSAL: The cable commission is requesting an extension of the cable franchise agreement with Comcast until March 31, 2019 to allow good faith negotiations to continue. It is not all uncommon for franchise renewals to take extra time as they are a very complex matter. RECOMMENDATION: If removed from the consent agenda: “Motion to approve the resolution to extend the cable franchise agreement until March 31, 2019.” ATTACHMENTS: • Email from Tim Finnerty • Resolution to extend cable franchise agreement • Updated Timeline for Contract Negotiations From:Tim Finnerty To:Kristina Handt Cc:Ginny Holder Subject:Recommendation for Franchise Extension Agreement Date:Monday, June 11, 2018 1:56:39 PM Attachments:Extension Agreement June 2018.pdf Franchise Renewal Timeline (Revised June 2018).pdf Hi Kristina: Attached please find a proposed Agreement for the extension of the Franchise with Comcast. The Cable Commission is recommending that the City Council approve the Extension Agreement. The Agreement will extend the expiration date of the current Franchise from November 1, 2018 to March 31, 2019. The purpose of the proposed extension is to allow for continued informal negotiations between Comcast and the Cable Commission regarding the long-term renewal of the Franchise. Comcast is in agreement with this. Background As you know, the Cable Commission has been working on the matter of Franchise renewal with Comcast given that the existing Franchise Agreement that is set to expire November 1, 2018. The Commission began direct negotiations with Comcast in September 2017, and prior to that, developed and documented a comprehensive needs assessment to serve as the negotiation objective on behalf of member cities. The needs assessment report is available at: https://drive.google.com/drive/folders/0B37m--_T9u7TcUNaZUh6MzlPWms Renewal issues can be resolved through “informal” processes (negotiation), or through a “formal” hearing process. Based on the time required to complete the formal process, the Commission adopted two schedules. In both, the parties start with negotiations, but move the formal process forward so that it would be completed by roughly the date scheduled for franchise expiration if negotiations were not successful. One schedule assumed that the expiration date stayed as is, and effectively required the parties to reach negotiated deal points by the end of May. In the other, the parties would extend the franchise to give themselves more time to engage in negotiations. Recommendation to Approve Extension The Cable Commission and Comcast have exchanged proposed terms and counterproposals and held several negotiation sessions. However, no proposed deal has yet been reached. On May 23, 2018, the parties met and agreed to recommend extending the franchise expiration date to March 31, 2019 in order to allow negotiations to continue to proceed informally. The Cable Commission therefore is recommending that the City approve the extension per the attached Extension Agreement. The Cable Commission believes this simple extension of the current franchise expiration will allow both parties to continue informal negotiations for the next couple of months without being put at a disadvantage. The extension preserves your right to use the I-NET, and preserves existing support and channels (including high definition channels) for local cable programming. It does not harm the communities in any way. Finally, please find attached a revised the franchise renewal schedule to reflect how the timeline proceeds under this extension. The Commission leadership believes it is important to follow this schedule to protect the interests of its Member Municipalities. Please feel free to contact me after you have had a chance to review this if you wish to discuss it or have any questions. Thank you! - Tim Finnerty Executive Director Ramsey/Washington Cable Commission 651-775-0042 timfinnerty@scctv.org EXTENSION AGREEMENT BETWEEN AND AMONG THE MEMBERS OF THE RAMSEY WASHINGTON SUBURBAN CABLE COMMISSION AND COMCAST OF MINNESOTA WHEREAS, Comcast of Minnesota, Inc., (“Franchisee”) operates a cable television system (the “System”) in communities which are members of the Ramsey/Washington Suburban Cable Commission (RWSCC) pursuant to a franchise scheduled to expire on November 1, 2018, to which the City of Birchwood Village, the City of Dellwood, the City of Grant, the City of Lake Elmo, the City of Mahtomedi, the City of North St. Paul, the City of Oakdale, the City of Vadnais Heights, the City of White Bear Lake, White Bear Township and the City of Willernie, Minnesota, are parties (each community is a “Franchisor”); a March 9, 1995 Memorandum of Understanding; and the April 10, 2014 Settlement Agreement, as amended by Section 2 of that certain 2015 Transfer Agreement Between and Among The Members of the Ramsey Washington Suburban Cable Commission, Comcast of Minnesota, Inc. and Midwest Cable, Inc. (collectively, the Franchise and these documents are the “Franchise Documents”); and WHEREAS, the parties previously agreed to extend the expiration date of the Franchise, and of obligations in the Settlement Agreement, through November 1, 2018; and WHEREAS, the parties wish to extend certain time periods provided under the Franchise Documents to provide time for the parties to work together to attempt to resolve renewal issues, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section 1.The Franchise is extended through and including March 31, 2019. Section 2.Paragraph 10 of the “Settlement Agreement Regarding PEG Capacity” is amended so that the reference to November 1, 2018 is changed to March 31, 2019. Section 3.Otherwise, the Franchise Documents shall remain in full force and effect in accordance with their terms. Section 4.Both parties agree that the further extension will not require recommencement of the renewal process under state or federal law, or require either party to re-conduct any studies or proceedings that may have been or are being conducted. Section 5.This Extension Agreement does not confer upon the Franchisee any additional rights under Section 626 of the Cable Act. Section 6.By entering into this Extension Agreement, the parties do not otherwise waive their rights to rely upon the rights, procedures, protections and recourses granted to them pursuant to applicable Federal, state, or local rule, regulation, law or precedent. Section 7.This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement IN WITNESS WHEREOF, the Parties have caused this Extension Agreement to be executed by duly authorized representatives of each Party on the dates written below. COMCAST OF MINNESOTA, INC. By: _________________ John D. Keller Title: Regional Vice President Date: CITY OF MAHTOMEDI By: __________________ Title: Date: CITY OF BIRCHWOOD VILLAGE By: __________________ Title: Date: CITY OF NORTH ST. PAUL By: __________________ Title: Date: CITY OF DELLWOOD By: __________________ Title: Date: CITY OF OAKDALE By: __________________ Title: Date: CITY OF GRANT By: __________________ Title: Date: CITY OF VADNAIS HEIGHTS By: __________________ Title: Date: CITY OF LAKE ELMO By: __________________ Title: Date: CITY OF WHITE BEAR LAKE By: __________________ Title: Date: WHITE BEAR TOWNSHIP By: __________________ Title: Date: CITY OF WILLERNIE By: __________________ Title: Date: Ramsey/Washington Cable Commission ­ Franchise Renewal Timeline (Revised June 2018)    DATE INFORMAL PROCESS FORMAL PROCESS  June­August, 2018 Informal negotiations Preparation for drafting/issuing  of renewal RFP  September, 2018 Negotiations  Update/recommendations as to  whether to issue RFP (formal  process), or continue  negotiations; final document  preparation begins if applicable  Negotiations Update/deadline  for recommendations as to  whether to issue RFP (formal  process), or continue  negotiations; issue renewal RFP  no later than October 15  if  applicable  October, 2018 Final Franchise documentation  is complete and provided to  Commission office  Issue RFP with return date of no  later than November 15, 2018  November, 2018 Public hearing on proposed  Franchise    January, 2019 Commission approval of final  Franchise to be recommended  to municipalities  Decision made to preliminarily  deny or accept proposal;  recommendations for conduct of  formal proceeding  February, 2019 Final Franchise provided to each  municipality for approval and  signing    March, 2019 Existing Franchise with Comcast  expires; existing payment  arrangement could terminate at  earliest on May 28, 2019  Hearing commences on formal  process (90 days of prehearing  discovery)  April, 2019    May, 2019 Municipal approval of final  Franchise is completed;  approved Franchises for each  municipality if forwarded to  Comcast for signing    June, 2019  Hearing completed;  recommendations for final action  on franchise submitted to  municipalities      STAFF REPORT DATE: July 3, 2018 CONSENT #5 AGENDA ITEM: Lake Jane Grant Request SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Included in the 2018 budget were funds for matching grants to the recreational lakes for water quality improvements like treating invasive species. This funding represents a 50% match, up to the maximum amount of $5,000 per lake. A match is required by the Lake Associations and any grant amounts received would not be included as part of the Lake Association match amounts. ISSUE BEFORE COUNCIL: Does Council approve the grant request of $4,506.17 from the Lake Jane Lake Association? PROPOSAL: The Lake Jane Lake Association has submitted an application for matching grant funding to treat Eurasian Milfoil this summer. A copy of their application is included in your packet. FISCAL IMPACT: $4,506.17 from the budgeted $15,000. The proposed amount is the match after subtracting for the grant from Washington County. OPTIONS: 1) Approve $4,506.17 for Lake Jane Lake Association Eurasian Milfoil Treatment 2) Approve a different amount for Lake Jane Lake Association Eurasian Milfoil Treatment 3) Do not approve any funding for Lake Jane Lake Association Eurasian Milfoil Treatment RECOMMENDATION: If removed from the consent agenda: “Motion to approve the Lake Jane Lake Association lake improvement grant request of $4,506.17 ATTACHMENTS: • Lake Jane Association Grant Request Form • Balance Sheet from AIS treatment 2018 Income LJA Member Deposits/Donation 4,450.00$ WA County Grant Money 7,000.00$ Donations 750.00$ City of LE Match Grant 5,000.00$ Total 17,200.00$ Expenses Permits Treatment 15,000.00$ Taxes Misc Expense 11.55$ Insurance 1,000.78$ Total 16,012.33$ Net Income/loss 1,187.67$ STAFF REPORT DATE: 7/3/18 CONSENT ITEM #: 6 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Self-Service Storage REVIEWED BY: Ben Prchal, City Planner BACKGROUND: The Council directed Staff at its workshop on May 8, 2018 to discuss with the Planning Commission self- service storage as a use within the Commercial and Business Park zoning districts. The Commission discussed as a business item at its meeting on May 30, 2018 the removal of self-service storage facilities as allowed uses within the Commercial and Business Park zoning districts and directed Staff to bring the item to a future meeting to hold a public hearing. The public hearing was then held on June 18, 2018. ISSUE BEFORE COMMISSION: Should self-service storage be removed as an allowed use within the Business Park and Commercial zoning districts? PROPOSAL DETAILS/ANALYSIS: What’s currently in the City Code Regarding Self-Service Storage? Self-service storage is currently a conditional use within the Business Park and Commercial zoning districts. There are a number of standards for this use including the requirement that no commercial transactions shall be permitted other than the rental or sale of storage units; no more than one (1) unit shall be accessed directly from the public street; and that site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern. Additionally, the parking requirements mandate that one parking space per 300 square feet of office or sales area be provided with this use. Self-service storage is also an interim use within the Rural Development Transitional and Agricultural zoning districts. There are a number of standards for this use including that the property must be at least forty acres in size, be limited to 4% of the gross lot area, and must not generate more than three trips per day. This allowed use within these zoning districts is less impactful, as its limited to a small portion of the property, and are mostly within areas that are not prime commercial areas (i.e. along I-94). Development of land located within a Rural Development Transitional-zoned area City Council 7/3/18 Item #6 Page 2 on which a self-service storage facility was located would require the discontinuation of the self- service storage facility. What’s in the City Currently for Self-Service Storage? There are at least two self-service storage facilities within the City – one on Hudson Blvd N (Commercial Zoning) and one on 15th St N (Agricultural zoning). Planning Commission Discussion. At its May 30, 2018 meeting, the Planning Commission generally felt that self-service storage should be removed as an allowed use within the Commercial and Business Park zoning districts, as this use generally is not one that brings a high tax base to the City nor does it generate a significant amount of jobs. As such, Staff has prepared a draft ordinance removing this use from these zoning districts. The Planning Commission noted that the use could be re-added at a later date when the City is adopting official controls as described in the 2040 Comprehensive Plan. The Draft 2040 Comprehensive Plan designates a Mixed Use-Commercial area that may be more appropriate for self-service storage facilities, and uses within this land use category will be outlined in a future ordinance that adds Mixed Use-Commercial as a zoning district. Additionally, the current self-service storage facility in the Commercial zoning district of the City has planned for expansion with its Conditional Use Permit already, and while it will technically be a legal non-conforming use as a result of this ordinance amendment, there is still opportunity to expand per the plans provided with the conditional use permit. Additionally, there is still opportunity within the Rural Development Transitional zoning district for property owners to operate a self-service storage facility as an interim use. At its June 18, 2018, the Planning Commission held a public hearing and recommended with a vote of 4-0 that the self-service storage be removed as an allowed use within the Business Park and Commercial zoning districts. FISCAL IMPACT: Removing self-service storage as an allowed use may create opportunity for businesses that generate a significant number of jobs and provide a better tax base to come in. OPTIONS: The Council may wish to: • Adopt Ord. 08-213 which amends the Zoning Code by removing self-service storage as a conditional use within the Commercial and Business Park zoning districts. • Make amendments to Ord. 08-213, removing self-service storage as a conditional use in just one (Commercial or Business Park) of these zoning districts. • Do not adopt Ord. 08-213 to amend the Zoning Code by removing self-service storage as a conditional use within the Commercial and Business Park zoning districts. RECOMMENDATION: City Council 7/3/18 Item #6 Page 3 Staff and the Planning Commission recommend, as part of tonight’s consent agenda, the removal of self- service storage facilities as an allowed use within the Business Park and Commercial zoning districts. If removed from the consent agenda, the following motion may be made. “Move to adopt Ord. 08-213 which removes self-service storage facilities as an allowed use within the Business Park and Commercial zoning districts.” ATTACHMENTS: • Ord. 08-213 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-213 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY REMOVING SELF-SERVICE STORAGE FACILITIES AS AN ALLOWED USE WITHIN THE BUSINESS PARK AND COMMERCIAL ZONING DISTRICTS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title xv: Land Useage; Chapter 154: Zoning Code; Article XIV: Commercial Districts; Table 12-1, by amending the following: Services LC CC C BP Standard Self-service storage - - C - C - 154.303 (D) SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-213 was adopted on this 3rd day of July, 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2018. STAFF REPORT DATE: July 3, 2018 CONSENT ITEM #: 7 AGENDA ITEM: Authorize advertising for Public Works Operator and create candidate pool for future Public Works Operator openings SUBMITTED BY: Jake Foster, Assistant City Administrator BACKGROUND: Public Works Operator, Matt Nicklay has submitted his resignation effective May 1, 2018. Council accepted his resignation at the June 19th meeting. The two most-recent Public Works Operators have been hired from a previous hiring pool, but that pool has been largely depleted. In order to fill the opening created by Mr. Nicklay’s resignation, staff would like to advertise for the current opening and create a new candidate pool for future openings. The created candidate pool would be active for one year should there remain viable candidates within the pool. ISSUE BEFORE COUNCIL: Should the Council authorize staff to advertise for a Public Works Operator replacement and to create a new candidate pool? PROPOSAL: Staff recommends authorizing staff to advertise for a Public Works Operator to replace Mr. Nicklay and to create a new candidate pool for future Public Works Operator openings. FISCAL IMPACT: The pay rate offered for a probationary Public Works Operator III is $22.70 per the union contract. RECOMMENDATION: If removed from the consent agenda: “Move to authorize staff to advertise for a Public Works Operator replacement and create a new candidate pool.” ATTACHMENTS: None STAFF REPORT DATE: July 3, 2018 CONSENT ITEM #: 8 TO: Mayor and Council AGENDA ITEM: Accept resignation of Firefighter Larry Cornell SUBMITTED BY: Jake Foster, Assistant City Administrator BACKGROUND: Firefighter Larry Cornell submitted his resignation effective July 4th. Mr. Cornell will be staying on as a Paid-on-Call and Substitute Firefighter ISSUE BEFORE COUNCIL: Should the Council accept Larry Cornell’s resignation? PROPOSAL: Staff recommends accepting Larry Cornell’s resignation. RECOMMENDATION: If removed from the consent agenda: “Move to accept Larry Cornell’s resignation.” ATTACHMENTS: None 1 STAFF REPORT DATE: 7/3/2018 REGULAR ITEM #9 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Royal Golf Club at Lake Elmo 2nd Addition Final Plat and Planned Unit Development (PUD) Plans Resolution Amendment REVIEWED BY: Sarah Sonsalla, City Attorney BACKGROUND: The Council is being asked to consider a request by H.C. Golf Land, LLC for an amendment to the resolution approving the final plat and final PUD plans for the Royal Golf Club at Lake Elmo 2nd Addition. ISSUE BEFORE COUNCIL: Should Resolution 2018-063 approving the Royal Golf Club at Lake Elmo 2nd Addition be amended? REVIEW/ANALYSIS: Applicant and Owner: H.C. Golf Land, LLC Location: Outlot S, Royal Golf Club at Lake Elmo 1st Addition, PID# 25.029.21.31.0002. Request: Application for final plat and PUD plans approval of 64 residential lots and easement vacation Existing Land Use: Vacant outlot; Current Zoning: GCC – Golf Course Community Surrounding Land Use: North –Golf Course (GCC – Golf Course Community), South and West – The Homestead (OP – Open Space), Tartan Meadows (RS – Rural Single Family), South - Cimarron (MDR – Medium Density Residential); East – Vacant land (RR – Rural Residential) Comprehensive Plan: GCC - Golf Course Community History: Preliminary Plat and PUD Plans approval was granted on June 6, 2017 by Resolution 2017-047, approval of Final Plat and PUD Plans for 1st Addition was granted on September 5, 2017 2 by Resolution 2017-093, and Final Plat and approval of Final Plat and PUD Plans for 2nd Addition was granted on June 19, 2018 by Resolution 2018-063 Deadline for Action: Application Complete – 5/10/18 60 Day Deadline – 7/9/18 Extension Letter Mailed – No 120 Day Deadline – NA Applicable Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (GCC) §150.270 Storm Water, Erosion, and Sediment Control 1st Requested Amendment – Playground Condition Removed. The Council adopted Resolution 2018-063 approving the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans on June 19, 2018. One of the conditions of Final Plat and PUD Plans approval was that the developer provide for an HOA owned and maintained children’s play structure or other similar improvement near the HOA fitness center as discussed by the developer during the PUD concept review prior to submittal of an application for Royal Golf Club at Lake Elmo 3rd Addition. The applicant had communicated after this resolution was adopted that there had been communication between the previous developer and planning director that there was concern with the tot lot location being near the clubhouse that the area is congested, hectic, unsafe, and simply no room for it to be in the area. The area has a pool, short course, driving range, and constant parking lot traffic. The preference would be for the totlot to be located within Outlot D of the 2nd Addition, as shown in the attachment. Additionally, the developer expressed concern about the requirement that the play structure be erected prior to submission of 3rd Addition, as there may be no sidewalks in place and ongoing construction in the newly proposed location within 2nd Addition, and Staff agrees with this concern and therefore has proposed to remove this condition altogether. It will be a condition of approval with the 3rd Addition that this play structure be constructed prior to release of building permits for that addition. 2nd Requested Amendment – Removal of Outlot F from Protective Covenant Requirement. The Resolution removes Outlot F from being required to have a protective covenant over it as per the City’s Shoreland ordinance, as this Outlot is a City-owned outlot, and the City will have control over whether or not it develops. OPTIONS: • Approve the amendment to Resolution 2018-063 approving Royal Golf Club at Lake Elmo Final Plat and PUD Plans. • Amend the amendment and adopt amended Resolution 2018-063 as amended. • Do not approve the amendment to Resolution 2018-063 approving Royal Golf Club at Lake Elmo Final Plat and PUD Plans. RECOMMENDATION: 3 Staff recommends, as part of tonight’s consent agenda, that Council approve the amendment to the Resolution approving Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans. If removed from the consent agenda, the requested amendment may be approved with the following motion: “Move to adopt amended Resolution 2018-063 approving the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans.” ATTACHMENTS: 1. Proposed new location of the tot lot 2. Amended Resolution 2018-063 City Council Resolution 2018-063 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-063 A RESOLUTION APPROVING THE ROYAL GOLF AT LAKE ELMO FINAL PLAT AND PLANNED UNIT DEVELOPMENT (PUD) PLANS. WHEREAS, H.C. Golf Land, LLC, 11074 Radisson Road NE, Blaine, MN 55449 (“Applicant”) has submitted an application to the City of Lake Elmo (“City”) for a Final Plat and Planned Unit Development (PUD) Plans for a planned development to be called The Royal Golf Club at Lake Elmo 2nd Addition, copies of which are on file in the City Planning Department; and WHEREAS, the proposed Final Plat and Planned Unit Development Plan is for a residential golf course community Planned Unit Development on 428.06 acres of land located between 10th Street and 20th Streets, east of Lake Elmo Avenue and west of Manning Trail on the former 3M Tartan Park properties and will include 291 single-family residential lots, a lot for the clubhouse and facilities, and golf course; and WHEREAS, the Lake Elmo City Council approved the Royal Golf Club at Lake Elmo PUD Concept Plan on September 9, 2016; and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on March 13, 2017 to consider the Preliminary Plat and Preliminary PUD Plans; and WHEREAS, on March 27, 2017 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Royal Golf Club at Lake Preliminary Plat and Preliminary PUD Plans based on a number of conditions; and WHEREAS, the City Council, at its meeting on June 6, 2017 adopted Resolution 2017-47 approving the Preliminary Plat and PUD Plans . NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1. That all the requirements of City Code Sections 153.07 and 154.759 related to Final Plat and Final PUD Plans have been met by the Applicant. 2. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans are generally consistent with Preliminary Plat and PUD Plans approved by the City of Lake Elmo on June 6, 2017. 3. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. City Council Resolution 2018-063 4. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans generally comply with the City’s GCC - Golf Course Community zoning districts as modified by the PUD regulations. 5. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat PUD Plans comply with the City’s subdivision ordinance. 6. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans comply with the City’s Planned Unit Development Regulations. 7. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans comply with City’s Engineering Standards, except where noted in the review memorandum from the City Engineer dated May 30, 2018 and modified by PUD regulations. 8. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans generally comply with other City zoning ordinances, shoreland, and erosion and sediment control, except as noted in this staff report and review memorandum from the City Engineer dated May 30, 2018. 9. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans generally comply with the City’s landscaping and tree preservation ordinances, providing some flexibility to the Applicant to allow for woodland management and pollinator friendly native seeding in lieu of some required tree replacement in order to avoid possible detriment caused by over planting. 10. That the Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans achieve multiple identified objectives for planned developments within Lake Elmo. 11. That the proposed Final Plat and PUD Plans are for a 64 unit single family residential golf course community Planned Unit Development on 89.91 acres of land located on the former 3M Tartan Park properties. 12. That the Final Plat and PUD Plans will be located on property legally described on the attached Exhibit “A”. 13. That there has been significant public testimony that 20th Street is already dangerous without the additional traffic and that the City and developer need to explore ways to make the road safer. 14. That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land, and will specifically relate to existing zoning district standards in the following manner (with exceptions as noted): a. Setbacks: i. Royal Golf Club at Lake Elmo Setbacks 15. 16. 100 Ft. Wide Lots 17. 80-90 Ft. Wide Lots 18. 55-65 Ft. Wide Lots 19. Front 20. 30 ft. 21. 30 ft. 22. 20 ft. for side loaded garages, or 25’ 23. Side 24. 10 ft. 25. 10 ft. 26. 10ft. house/5ft. City Council Resolution 2018-063 garage or 7.5 ft./7.5 ft. 27. Corner Side 28. 15 ft. 29. 15 ft. 30. 15 ft. 31. Rear 32. 30 ft. 33. 30 ft. 34. 20 ft. a. Maximum Impervious Coverage: The maximum impervious coverage for 55-65’ wide lots shall be 50%. All other lots shall have a maximum impervious coverage of 40%. b. Lot Sizes: The minimum lot size for Villa lots (55-65’ wide) in the development shall be 6,600 sq. ft. c. Attached Garages: That attached garages shall not exceed 1,300 sq. ft. in area at the ground floor level except by conditional use permit. The width of the visible garage door area when closed shall not exceed 60% of the principal building façade (including garage) fronting on the primary street. d. Subdivision Identification Signs: the Royal Golf Club at Lake Elmo residential subdivision shall be allowed up to a maximum of 4 subdivison identification signs, including the identification sign for the golf course entrance, not to exceed 24 sq. feet in sign area each, located no closer than 10 feet to any public right-of-way. In addition neighborhood identification markers (pillars) shall be permitted to be no larger than 2 ft. x 2 ft. to identify the development logo and the name of the neighborhood. Additional subdivision signs should be considered for a subdivision of this size. i. Staff Note: If the developer requests a change to this, a variance should be requested. e. All other requirements for the City’s GCC – Golf Course Community zoning district will apply, including the allowed uses and other site and development standards. f. That the proposed street names within the development are generally consistent with the City’s Street Naming Policy except for Annika Drive N. CONCLUSIONS AND DECISION Based on the foregoing, the Applicants’ application for a Final Plat and PUD Plans is granted, provided the following conditions are met: 1. That there shall be no encroachments to drainage and utility easements on residential lots other than those reviewed and approved by the City Engineer and upon execution of an easement encroachment agreement. 2. Prior to the execution of Final Plat, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 3. The Royal Golf Club at Lake Elmo 2nd Addition shall be incorporated into the Common Interest Agreement concerning management of the common areas and establish a homeowner’s association which shall be submitted in final form to the Planning Director City Council Resolution 2018-063 before any building permit may be issued for any structure in any phase of the development. Said agreement shall comply with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of control to the future property owners. The HOA documents shall include required maintenance of wetland buffers. 4. That the HOA documents include architectural requirements that require 4-sided architecture and garages facing the public right-of-ways to have windows and/or other architectural features. 5. The applicant shall enter into a landscape license and maintenance agreement with the City that clarifies the individuals or entities responsible for landscaping. 6. That the HOA be responsible for the maintenance of all landscape walls that cross residential property lines or publicly owned Outlots or rights-of-ways, and that the walls be contained within a landscape easement. 7. That a fee in lieu of park land dedication be paid to the City based upon an appraisal by an appraiser to be chosen by the City and paid for by the developer. Also that a 30 ft. wide trail corridor be dedicated to the City centered on public trails in the development and that the value of the dedicated land be credited toward any fees in lieu of parkland dedication. No credit shall be given for costs of construction of the trails. The park land dedication shall not include wetlands, wetland buffer area, and no credit will be given for land beyond the 30 ft. centered on public trails. a. Outlot B shall be dedicated to the City as parkland for trails as part of the 1st Addition. 8. Trail within Outlot B must be constructed prior to building permits being issued for that phase of development. 9. That the developer pay a parkland dedication fee equal to $500 per 2.5 caliper inch required in lieu of some required tree preservation replacement tree requirements, totaling $106,556.00 in lieu of planting the required number of trees required. This fee was calculated as follows: $500.00 multiplied by 969 2.5-caliper inch tree not planted within the entire subdivision, divided by 291 single family lots within the entire subdivision, multiplied by 64 single family lots within the 2nd Addition. 10. All changes and modifications to the plans requested by the City Engineer in the Engineer’s reports dated May 30, 2018 shall be incorporated into the Final Plat and PUD Plans. 11. The Final Plat and PUD Plans approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in this resolution. 12. The developer shall comply with all comments identified within the Washington County letter dated March 6, 2017, including providing an additional 17 feet of right-of-way along 10th Street N. and constructing right turn lanes at its sole cost meeting City state aid design standards at Royal Boulevard North, Masters Lane North, the Golf Course entrance, at Annika Drive North, and at 20th Street and Manning Trail. 13. That open space within the shorelands of the residential development (specifically Outlots C, D, F, and the rest of Outlot L) be protected with a conservation easement, deed restriction, covenant, or other instrument. Such document(s) must be provided for review by the City Attorney and be executed prior to final plat approval. 14. Prior to the issuance of building permits all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. City Council Resolution 2018-063 15. Prior to the construction of any subdivision identification signs or neighborhood markers within the development, the developer shall submit sign plans for review and obtain a sign permit from the Planning Department. Any amendments to the finding regarding signs indicated in this Resolution shall be subject to a PUD amendment or variance. 16. That the Final Plat include street names as approved by Council. 17. The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall adhere to conditions of the Valley Branch Watershed District permit. 18. That the Royal Golf Club development will not have street lights except at street intersections and cul-de-sacs. 19. That a $1,000,000 donation to the Parks fund will be made with the phase of development when the former Tartan Park ballfields are no longer able to be used by the City. Passed and duly adopted this 3rd day of July, 2018 by the City Council of the City of Lake Elmo, Minnesota. ______________________________ Mike Pearson, Mayor ATTEST: _____________________________ Julie Johnson, City Clerk N O R T H D R I V E D R I V E PALMER W A Y ARNI E LATROBE N O R T H THE ROYAL GOLF CLUB HORSESHOE VICINITY MAP BENCHMARK LAKE LANE NORTH LA T R O B E LA N E N O R T H LA T R O B E LA N E NO R T H PALMER A R N I E WAY N O R T H LAKE ROSE ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING AT LAKE ELMO 2ND ADDITION INSET 'A' (SEE SHEET 2 OF 3 SHEETS) INSET 'B' (SEE SHEET 3 OF 3 SHEETS) N O R T H STAFF REPORT DATE: July 3, 2018 REGULAR ITEM #: 10 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Royal Golf Club at Lake Elmo 2nd Addition Development Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Kristina Handt, City Administrator BACKGROUND: On June 19, 2018, the City Council adopted Resolution 2018-062 approving the Final Plat of Royal Golf Club at Lake Elmo 2nd Addition. An executed Development Agreement is a condition of final plat approval and is required prior to recording the final plat with Washington County. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2018-064 approving the Developer Agreement for Royal Golf Club at Lake Elmo 2nd Addition. REVIEW/ANALYSIS: A condition of approval of the Royal Golf Club at Lake Elmo 2nd Addition Final Plat is that the developer enter into a Developer’s Agreement prior to the execution of the plat by City officials. Staff has drafted this Developer Agreement which is attached for consideration by the City Council. The key aspects of the agreement include the following components: • The Developer provide executed warranty deeds to the City for recording for B, F, I, and K. • Legal documents regarding homeowner association documents, covenants, and restrictions are to be submitted, reviewed, and approved by the City Attorney. • That all public improvements be completed by October 31, 2018, with the exception of the final wear course of asphalt on streets. • The parkland dedication is to be dedicated incrementally with each phase. The total assessed value of the entire subdivision was $8,000,000.00. The zoning district in which the development is located requires 10% of the land of the entire subdivision to be dedicated towards parkland, or a fee in lieu of land. As approved by the City, the developer has proposed trails instead of a public park. The developer has agreed to not receive credit City Council – Staff Report Regular Item #10 Meeting date: 7/3/2018 Page 2 for costs of construction of the trails in exchange for an increased amount of impervious surface for residential lots, as approved with the Final Plat but will receive credit for a 30 foot corridor for trails, less wetland buffer encroachments. The parkland dedication for the first phase was calculated as follows: Factors Considered Running Totals $800,000.00 for required parkland dedication Less $188,543.00 for appraised value of land underneath trail (8,085 lineal feet of trail with a 30-foot wide corridor, less 5,010 wetland buffer encroachment) Total: $611,457.00 Divided by 291 lots (number of lots for entire development) Total: $2,101.00 Multiplied by 64 lots (number of lots for 1st Addition) Total Owed for 1st Addition: $134,464 • That the developer pay the City an additional park dedication fee of $106,557 for required trees not planted within the 2nd Addition as per Section 19 (C) of this Agreement. This fee was calculated as follows: [($500 X 969 2.5-caliper inch trees reduced within the entire preliminary plat area) / 291 Single Family Lots within all phases of the Subdivision X 64 Single Family Lots within the 1st Addition]. • That the developer provide a letter of credit in the amount of $3,232,172.00 related to the cost of the proposed improvements. • The Developer shall pay the City a cash donation of $1,000,000 with the Royal Golf Club at Lake Elmo 3rd Addition final plat, or with that phase of the development when the Tartan Park ballfields are no longer able to be used by the City. • That the developer provide a cash deposit of $677,266 for SAC and WAC charges, engineering administration, required park dedication fees and park dedication fees to be paid in lieu of planting agreed-upon number of trees, base map updating costs, one year of street light operating costs. • A separate paragraph has been added to require the developer to pay taxes on City- dedicated outlots. This is a new paragraph that Staff recommends be added to development agreement templates in the future. • A credit from a previously submitted letter of credit from Royal Golf’s Grading Agreement ($780,600) was applied so as not to duplicate already in-place securities for grading, tree preservation, and wetland mitigation and buffers. The construction plans approval for the project are expected, but had not been given prior to the preparation of this report. If approved, the final page of the Development Agreement will be City Council – Staff Report Regular Item #10 Meeting date: 7/3/2018 Page 2 updated to include the final construction plan dates. The Development Agreement will not be executed until the final construction plans are approved, all fees and securities, and insurance certificates are received among other requirements. Only after recording of the final plat and the completion of a pre-construction meeting with the City can the construction commence. FISCAL IMPACT: The future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains, lift stations, and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 64 lot single family residential subdivision. OPTIONS: The City Council has the following options: 1) Adopt Resolution 2018-064 approving the Development Agreement for Royal Golf Club at Lake Elmo 2nd Addition; or 2) Direct Staff to amend the draft Development Agreement to bring back to a future City Council meeting. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2018-064 approving the Development Agreement for Royal Golf Club at Lake Elmo 2nd Addition. “Move to adopt Resolution 2018-064 approving the development agreement for Royal Golf Club at Lake Elmo 2nd Addition Final Plat” ATTACHMENTS: • Resolution 2018-064 • Royal Golf Club at Lake Elmo 2nd Addition Development Agreement 1 Resolution 2018-064 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-064 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR THE ROYAL GOLF CLUB AT LAKE ELMO 2ND ADDITION PLANNED UNIT DEVELOPMENT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, H.C. Golf Land, LLC., 11074 Radisson Road NE, Blaine, MN 55449 (“Developer”) has previously submitted an application to the City of Lake Elmo (“City”) for Final Plat and Planned Unit Development (PUD) Plans to be called The Royal Golf Club at Lake Elmo 2nd Addition, a copy of which is on file in the City Planning Department; and WHEREAS, the Lake Elmo City Council approved The Royal Golf Club at Lake Elmo PUD Concept Plan on September 9, 2016; and WHEREAS, the Lake Elmo City Council adopted Resolution 2017-47 approving The Royal Golf Club at Lake Elmo Preliminary Plat and PUD Plans on June 6, 2017; and WHEREAS, the Lake Elmo City Council adopted Resolution 2018-062 approving The Royal Golf Club at Lake Elmo 2nd Addition Final Plat and PUD Plans on June 19, 2018; and WHEREAS, a condition of approval of said Resolution 2018-062 establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Development Agreement with the City; and. WHEREAS, the Developer and the City have agreed to enter into such a contract and a copy of the Development Agreement was submitted to the City Council for consideration at its June 19, 2018 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Development Agreement for The Royal Golf Club at Lake Elmo 2nd Addition and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 3rd day of July, 2018 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: 2 Resolution 2018-064 ____________________________________ Julie Johnson, City Clerk 1 527400v4 SJS LA515-47 (reserved for recording information) DEVELOPMEN T AGREEMENT (Public sewer and water) PLAT NAMERoyal Golf Club at Lake Elmo 2nd Addition THIS DEVELOPMENT AGREEMENT is dated ______________, 2____, 018, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”),and ____________ H.C. Golf Land, LLC, a Minnesota limited liability 2 527400v4 SJS LA515-47 company, f/k/a H.C. Golf Course Development, LLC (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for__________________ Royal Golf Club at Lake Elmo 2nd Addition (referred to in this Agreement as the “Subdivision”). The property being platted is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on condition that the Developer enter into this Agreement, furnish the security required by it, 3 527400v4 SJS LA515-47 and record the plat with the County Recorder or Registrar of Titles within 120 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer may not grade or otherwise disturb the earth, remove trees or construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: A. the Developer has 4 527400v4 SJS LA515-47 prepared deeds conveying fee title of Outlots ___ B, F, I, and K and Outlot ___ to the City and provided copies of the executed deed to the City for recording with Washington County; B. the Developer has executed and recorded with Washington County all drainage and utility easements required for the Subdivision by the City Engineer and Public Works Director in the City’s standard form; C. the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City’s standard form; D. this Agreement has been executed by the Developer 5 527400v4 SJS LA515-47 and the City; E. the required Letters of CreditSecurity (as hereinafter defined) have been received by the City from or on behalf of the Developer; F. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; G. the Developer has paid the City for all legal, engineering and administrative expenses incurred by the City regarding the City approvals and has given the City the additional City Engineering Administration Escrowconstruction inspection escrow required by this Agreement; H. the Developer has paid any 6 527400v4 SJS LA515-47 outstanding assessments and taxes for the property or property being deeded to the City; I. the Developer has fulfilled any park dedication requirements as specified under this Agreement; J. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable watershed, Washington County, and any other agency having jurisdiction over the Subdivision; K. the Developer has provided the City with a certificate of insurance required by this Agreement; L. the Developer or the Developer’s engineer and the Developer’s contractor(s) have initiated and attended a 7 527400v4 SJS LA515-47 preconstruction meeting with the City Engineer, and City staff; M. the final plat has been recorded with Washington County; the City has issued a written notice that all above conditions have been satisfied and that the Developer may proceed; Legal documents regarding homeowner association documents, covenants, and restrictions have been submitted, reviewed and approval by the City Attorney; and N. and O. the Developer shall provide a Title Policy for all land dedicated to the Citthe City has issued a written notice that all above conditions have been satisfied and 8 527400v4 SJS LA515-47 that the Developer may proceed; P. y. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi- phased preliminary plat, the City may refuse to approve final plats of subsequent phases of the development if the Developer is not in compliance with any term of this Agreement and the non-compliance has not been remedied. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Park dedication charges and availability charges for sewer and water referred to in this 9 527400v4 SJS LA515-47 Agreement are not being imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) 25-years from 10 527400v4 SJS LA515-47 the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any changes to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 7. DEVELOPMENT 11 527400v4 SJS LA515-47 PLANS. The Developer agrees to develop the Property in accordance with the City approvals, including the terms and conditions of approval of the final plat as detailed in City Council Resolution No. 20168-XX, and to construct all improvements in accordance with the approved construction plans and specifications (collectively, the “Plans”) prepared by a professional engineer registered in the State of Minnesota at its sole expense. All terms and conditions of the City approvals are hereby incorporated by reference into this Agreement. The documents which constitute the Plans are those on file with and approved by the City and are listed on 12 527400v4 SJS LA515-47 Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. 8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the “Subdivision Improvements”): A. Grading and erosion control; B. Sanitary sewer; C. Water system improvements; D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs, etc.) E. Streets and sidewalks; F. Trails; G. Underground private 13 527400v4 SJS LA515-47 utilities; H. Landscaping; I. Street lighting and signage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); K. Tree preservation and reforestation; L. Wetland mitigation and buffers; and M. Monuments required by Minnesota Statutes. All improvements shall be installed in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality 14 527400v4 SJS LA515-47 control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors or a soil engineer inspect the Developer’s work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design 15 527400v4 SJS LA515-47 changes and contract administration between the Developer and the Developer's contractor. 9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit to the City an amount to be escrowed by the City for City administration and construction observation costs in an amount provided under paragraph 35 of this Agreement - Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all administration and construction observation 16 527400v4 SJS LA515-47 costs incurred by the City during the construction of the Subdivision Improvements by the City’s engineering, public works, planning, and landscape architecture staff and consultants. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until the escrow has been replenished in its full amount. City administration and oversight will include monitoring of construction progress and construction observation, consultation with the Developer and the Developer’s professionals on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the 17 527400v4 SJS LA515-47 warranty period, and processing of requests for reduction in the Security. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed by the City on an hourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer-required management of the construction of the Subdivision Improvements. The Developer must require the Developer’s contractor(s) to furnish the City with a schedule of 18 527400v4 SJS LA515-47 proposed operations at least five (5) 5 days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer-installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City requires for inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or joint venture relationship 19 527400v4 SJS LA515-47 between the City and the Developer is thereby created. 10. CONTRACTORS/SUB CONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a twenty-five (25) percent ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified in Paragraph 8 above. 11. TIME OF PERFORMANCE. The Developer shall install all 20 527400v4 SJS LA515-47 required Subdivision Improvements by October 31, 2_____, 018, with the exception of the final wear course of asphalt on streets. The Developer shall install the bituminous wearing course of streets after the first course has weathered a winter season, consistent with warranty requirements, however, final acceptance of the Subdivision Improvements by the City will not be granted until all work is completed, including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and 21 527400v4 SJS LA515-47 amending this Agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads and alleys until the Subdivision Improvements are accepted by the City in writing. The developer is also responsible to locate all underground utilities until the development is 22 527400v4 SJS LA515-47 accepted in writing by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed by the Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that 23 527400v4 SJS LA515-47 may spill, track, or wash onto the street from the Developer’s operations. The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping shall take place on a weekly basis. Prior to the City’s acceptance of the streets the City may agree, at the City’s sole discretion, to keep the streets open during winter months by plowing snow. The City will consider snow plowing streets on a case by case basis and under the following conditions. 1) The Developer must request in writing the streets in question to be plowed by 24 527400v4 SJS LA515-47 the City, with such request received prior to October 1st of each winter season that plowing is requested. 2) The streets must be occupied by residences of the City. 3) For streets that do not have the bituminous wear course placed, the developer must install paved wedges along all curb lines and catch basins. 4) Gate valves and manholes must be level with the pavement surface. 5) Street curves, center medians, and other protrusions in the right-of- ways must be delineated with “High-vis” fiberglass stakes. 6) A site review must be scheduled and conducted with Public Works, and attended by the developer, to accept the streets for plowing prior to 25 527400v4 SJS LA515-47 the commitment of plowing by the City. 7) The City shall not be responsible for any damage caused by snow plowing operations to the streets, curb and gutter, manholes, catch basins or other infrastructure.8) The Developer shall enter into an Agreement with the City for plowing of the streets. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property and this Agreement. 14. 26 527400v4 SJS LA515-47 CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the Subdivision via ______________________ __. 10th Street North. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and the Developer’s representatives are 27 527400v4 SJS LA515-47 required to supervise and coordinate all construction activities for all Subdivision Improvements and must notify the City in writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs. 16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall be completed in a manner designed to control erosion and in compliance with the City Code, the City’s Engineering Design and Construction Standards Manual, all watershed district permits, the Minnesota Pollution Control Agency’s best management practices, and 28 527400v4 SJS LA515-47 other requirements including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate storm sewer system program. Prior to initiating any work on the site, an erosion control plan must be implemented by the Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may impose additional erosion control requirements at any stage in development as deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer 29 527400v4 SJS LA515-47 promptly after the work in the area is complete unless construction of the next stage of the improvements will begin in that area within seven (7)7 days. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations 30 527400v4 SJS LA515-47 hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10)10 days, the City may draw down the Security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued by the City unless the Subdivision is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public Subdivision Improvements, the Developer assumes all responsibility for erosion control compliance throughout the Subdivision 31 527400v4 SJS LA515-47 and the City may take such action as allowed by this Agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City’s building permit requirements, or as required by the City or City Engineer. 17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the 32 527400v4 SJS LA515-47 approved grading plans. Within 30 days after completion of the grading, the Developer shall provide the City with an “as built” grading plan and a certification by a registered land surveyor or engineer as required in the City’s Engineering Design and Construction Standards Manual. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets, including turn lane and intersection improvements, shall be installed in accordance with the approved Plans, the City approvals, the City Code, and the City’s Engineering Design and 33 527400v4 SJS LA515-47 Construction Standards Manual. Curb and gutter, the first lift of the bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved Plans. Once the work is completed, the Developer or the Developer’s representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City 34 527400v4 SJS LA515-47 notified to re- inspect the improvements. The final bituminous wear course shall be installed by the Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous wear course, the Developer shall repair or replace all broken or failing curbs, sidewalks and damaged or settled streets as determined by the City from a pre-wear course walk through inspection. 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City 35 527400v4 SJS LA515-47 approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two years, with the exception of trees planted on lots that have single family homes, which are not required to be warrantied. The City has agreed to not require the Developer to warranty the trees planted within single family lots recognizing that the Developer has agreed to reduce by 969 the total number of trees it is required to plant within all phases of the Subdivision 36 527400v4 SJS LA515-47 by paying the City a per- tree parkland dedication fee of $500.00 per 2.5 caliper inch tree as permitted under Section 19 (C) below. The Developer will pay a proportionate share of the total per-tree parkland dedication fee for each phase of the Subdivision based upon the number of Single Family Lots contained within each such phase. For the 1st Addition, the Developer will be required to pay $106,557.00 in parkland dedication fees [($500 X 969 2.5-caliper inch trees reduced within the entire preliminary plat area) / 291 Single Family Lots within all phases of the Subdivision X 64 Single Family Lots within the 1st Addition]. The two year warranty period 37 527400v4 SJS LA515-47 for landscaping materials located within each phase of the Subdivision for which the Developer is providing a warranty under this Section 19 (A) shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans for such phase has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection 30 days prior to the end of the two year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event that any landscaping installed by the Developer is deemed through this inspection to 38 527400v4 SJS LA515-47 be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City.The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two (2) years. The two (2)2 year warranty period shall be deemed to start once all required landscaping 39 527400v4 SJS LA515-47 identified as responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection thirty (30) days prior to the end of the two (2)2 year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event any landscaping installed by the Developer is deemed to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining 40 527400v4 SJS LA515-47 regular watering, fertilizing, and over-seeding necessary to establish final lawns and yards as identified in the approved Plans for outlots, public rights-of-way, and any disturbed areas outside the Subdivision boundaries according to a landscape maintenance plan approved by the City. The Developer agrees to achieve “substantial performance” on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this agreement “substantial performance” shall be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf areas with an average blade height of three (3)3 - 41 527400v4 SJS LA515-47 inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil.” For areas seeded with a native grass or flower mix “substantial performance” shall be defined as “square foot native grass or flower areas with an average height of eight (8)8 inches free of eroded, bare, or dead spots and no visible surface soil.” C. The Developer shall follow the City of Lake Elmo “Bee Safe” policy for pesticide use as per City Council RESOLUTION NO. 2015- 13. C. The City has agreed to reduce the number of required trees the Developer is required to 42 527400v4 SJS LA515-47 plant within the Subdivision from 3800 to 2912. However, in addition to planting the number of trees required by this paragraph, the Developer agrees that it will require that at least two trees be planted on lots that have villa homes and at least four trees be planted on lots that have single family homes. These trees are not to be counted towards the number of trees that are required by this paragraph to be planted by the Developer. All trees planted on villa or single family home lots must be planted before the building permit escrow will be released by the City. The Developer may further reduce the number of trees that it is required to plant 43 527400v4 SJS LA515-47 within the Subdivision by: (i) implementing woodland management or pollinator friendly native seeding practices within the Subdivision, in a manner approved by the City’s Landscape Architect, provided that the number of trees that may be removed from the Developer’s plantings will be agreed upon by the Developer and the City at the time such practices are approved; or (ii) paying to the City a per- tree parkland dedication fee of $500.00 per 2.5 caliper inch tree that the Developer elects not to plant within the Subdivision. 20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees to 44 527400v4 SJS LA515-47 install street signs, traffic and parking signs, and pavement markings within the Subdivision all in accordance with the approved Plans and the City Engineering Design Standards Manual. Street and traffic sign details shall be submitted by the Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in accordance with the approved plans and right- of-way permits. 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the 45 527400v4 SJS LA515-47 work and construction required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and an electronic file of the "record" plans in accordance with the City’s Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this 46 527400v4 SJS LA515-47 Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon review and verification by the City Engineer that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer shall dedicate 8.8 acres of land or pay a cash contribution of $_________ $611,457.00 in satisfaction of the City's park dedication requirements for the entire Subdivision, all phases, to be dedicated incrementally 47 527400v4 SJS LA515-47 with each phase of the development. The park dedication for the entire Subdivision was calculated as follows: $800,000.00 (10 percent of $8,000,000 (the total appraised value of the entire Subdivision), less $188,543 for the total appraised value of the land being conveyed to the City for trails (8,085 lineal feet of trail with a 30 foot wide corridor, less 5,010 square feet of buffer encroachment). The charge was calculated as follows: _ at $______ per lot. In the second phase, the Developer shall cause H.C. Golf Land, LLC to deed Outlot B (4.3 gross acres of land) to the City upon the recording of the 48 527400v4 SJS LA515-47 final plat and shall pay a cash contribution of $134,464.00 to satisfy the City’s park dedication requirements for the second phase. The second phase park dedication was calculated as follows: 64 lots at $2,101.00 per lot ($2,749.00 per lot, less $648.00 for the appraised value of land for the trails being conveyed to the City per lot). 23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of the Village Area Alternative Urban Areawide Review (AUAR) fee as adopted by the City Council with respect to the environmental review 49 527400v4 SJS LA515-47 completed by the City. The Village Area Alternative Urban Areawide Review (AUAR) fee in the amount of $230.00 per REC shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $XX,XXX.00 24. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements required by the City and any state or metropolitan government agency. 50 527400v4 SJS LA515-47 The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $XXX,XXX192,000.00. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $XXX,XXX192,000.00. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a Metropolitan Council sewer availability 51 527400v4 SJS LA515-47 charge in the amount of $2,485.00 per REC, and a water connection charge in the amount of $1,000.00 per REC will be payable by the Developer and collected by the City at the time the building permit is issued for each lot. 25. STREET LIGHTS. The Developer is responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Security for street light installation consistent with the approved plan. The required Security is $______________ $30,000 and consist of 52 527400v4 SJS LA515-47 _____________ five (______) (5) decorative lights at $6000 each, and ______________ (______) mast arm lights at $______________ each. The Developer shall also pay the City $129/light______________ 645 to reimburse the City for the first year operating costs for the street lights. 26. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and in accordance with any applicable Watershed or agency permits. If the mitigation work is found to be incomplete or restoration is unsuccessful, 53 527400v4 SJS LA515-47 the City may draw down the Security at any time during the warranty period to perform the work if the Developer fails to take corrective measures after being provided reasonable notice by the City. 27. BUILDING PERMITS/CERTIFICATE S OF OCCUPANCY. A. No building permit shall be issued for any lot within the Subdivision, or within a completed phase of the Subdivision in a City preapproved phasing plan, until such time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has been installed and tested for all public streets; boulevard grading has been completed within the entire right-of-way 54 527400v4 SJS LA515-47 (without hold down grading for the future sidewalk or any other improvements),sidewalks have been installed; street and traffic control signs are installed; property monuments have been installed and grading as- built plans have been submitted and approved by the City. A “preapproved phasing plan” is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the preconstruction meeting for the Subdivision. Once the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. 55 527400v4 SJS LA515-47 B. Issuance of a single building permit for a “model home” may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements described in paragraph 27 (A) above, if there is safe public access to the lot that is sufficient to allow construction to proceed and there is a grading as-built plan approved by the City for the lot and all downstream storm water drainage facilities. However, the City will not issue a certificate of occupancy for any “model home” until all conditions identified in paragraph 27 (A) above have been completed. The Developer shall use the model home only for real estate sales 56 527400v4 SJS LA515-47 purposes and no other purposes. C. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. The monument design shall be approved by the Planning Department. D. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspection or actions and the halting of all work in the Subdivision. If building permits are issued prior to the acceptance of the public Subdivision Improvements 57 527400v4 SJS LA515-47 by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. E. If building permits are issued prior to the construction of front yard sidewalks or trails, the Developer assumes all responsibility for the coordination, liability and costs to; 1) ensure that the sidewalks and trails are constructed prior to any driveways for any lots with sidewalks or trails; 2) that the sidewalks and trails are constructed continuously 58 527400v4 SJS LA515-47 from end of street to end of street without exceptions or gaps in the sidewalk or trail; 3) that there is a stop work order on all building construction for impacted lots during the sidewalk and trail construction and curing periods to prohibit traffic prior to City approval; and, 4) that all boulevard grading and restoration re- work is completed immediately following the sidewalk or trail construction. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 59 527400v4 SJS LA515-47 28. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Agreement has been performed and the amounts due to them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, 60 527400v4 SJS LA515-47 discharge, and dismiss the City from any further proceedings as it pertains to the letter of creditfunds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to legal, planning, engineering, and inspection expenses incurred in connection with the City’s approval and acceptance of the plat and the Subdivision, the preparation of this Agreement, the City’s 61 527400v4 SJS LA515-47 review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. All amounts incurred and due to the City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording. C. The Developer shall hold the City and its officials, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the City’s approval of the plat and the development of the Subdivision. The Developer 62 527400v4 SJS LA515-47 shall indemnify the City and its officials, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer 63 527400v4 SJS LA515-47 sells one or more lots, the entire Property, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30)30 days after receipt. Bills not paid within thirty (30)30 days shall be assessed a late fee per the City adopted fee schedule. Upon request, the City will provide copies of detailed invoices of the work performed by the City and its consultants. 29 CITY PAYMENTS. The City shall reimburse the Developer in the amount of $XXX,XXX.XX for oversizing costs associated with the installation of XX 64 527400v4 SJS LA515-47 inch and XX inch sanitary sewer as identified on the Plans. The City shall also reimburse the Developer in the amount of $XXX,XXX.XX for oversizing costs associated with the installation of XX inch water main as identified on the Plans. City payments shall be made within thirty (30)30 days of the City’s final acceptance of the Improvements, but only if the Developer is not in default to this Contract. This payment by the City shall be the City’s only responsibility with regard to construction of the Improvements and in no case shall act as a waiver of any other right of the City under this Contract or under applicable laws, ordinances or rules. 65 527400v4 SJS LA515-47 30. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the ___________________, May 30, 2018, Engineering memorandum. B. Upon the recording of the final plat, the Developer shall convey Outlot ____s B, F, I, and K to the City by warranty deed, free and clear of any and all encumbrances, unless otherwise agreed to by the City. C. The Developer shall install a temporary turnaround on the __________end of ___________ until it is extended to the 66 527400v4 SJS LA515-47 _______________with the second phase of the _________________ development. D. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. E. All public trails shall be located within outlots, at least 30’ wide, dedicated to the City of Lake Elmo. Title Policy shall be provided for all land so dedicated. F. The Developer shall enter into a Landscape License Agreement with the City that clarifies the individuals or entities responsible for maintenance of any landscaping installed in areas outside of land dedicated as public park 67 527400v4 SJS LA515-47 and open space on the final plat. The Developer shall pay the City a cash donation of $1,000,000.00 upon the Royal Golf Club at Lake Elmo 3rd Addition final plat being approved by the City, or upon approval by the City of that phase of the development where the Tartan Park ballfields are no longer able to be used by the City, whichever happens first. A temporary access road providing access to the Outlot N, Royal Golf Club at Lake Elmo 1st Addition lift station and sanitary manhole structures along Outlot R must be provided by the Developer. The Developer also hereby agrees to pave such road 68 527400v4 SJS LA515-47 within one year from the date that the lift station is operational. The Developer shall pay the City a park dedication fee of $106,557 for required trees not planted within the 2nd Addition as per Section 19 (C) of this Agreement. This fee was calculated as follows: [($500 X 969 2.5- caliper inch trees reduced within the entire preliminary plat area) / 291 Single Family Lots within all phases of the Subdivision X 64 Single Family Lots within the 1st Addition]. That open space within the shorelands of the residential development (specifically Outlots C, D, F, and the rest of Outlot L) be protected with a conservation easement, 69 527400v4 SJS LA515-47 deed restriction, covenant, or other instrument. Such document(s) must be provided for review by the City Attorney and be executed prior to final plat approval. A. 31 MISCELLANEOUS. A. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance 70 527400v4 SJS LA515-47 with plans and specifications prepared by a professional engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved Plans. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Legal documents regarding homeowner association documents, covenants, and restrictions shall be 71 527400v4 SJS LA515-47 submitted to the City prior to recording of the final plat for review and approval by the City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six (6) 6months after the City has accepted the public Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one 72 527400v4 SJS LA515-47 person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate of insurance evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30)30 days’ advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Agreement. F. If any portion, section, 73 527400v4 SJS LA515-47 subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. This Agreement shall run with the land and may be 74 527400v4 SJS LA515-47 recorded against the title to the Property at the Developer’s expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative 75 527400v4 SJS LA515-47 and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply with all City, County, metropolitan, state, and federal laws and 76 527400v4 SJS LA515-47 regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Subdivision is not in compliance, the City may, at its option, refuse to allow construction or development work in the Subdivision until it is brought into compliance. Upon the City’s demand, the Developer shall cease work until there is compliance. 32. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the 77 527400v4 SJS LA515-47 following events: A. Subject to unavoidable delays, failure by the Developer to commence and complete construction of the public Subdivision Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, 78 527400v4 SJS LA515-47 or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts 79 527400v4 SJS LA515-47 due under this Agreement from the Developer, or immediately draw on the Security, as set forth in this Agreement. 34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the 80 527400v4 SJS LA515-47 Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision for such purposes. If the City does such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements, and 81 527400v4 SJS LA515-47 any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. The Developer also acknowledges that its failure to perform any or all of the Developer’s obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but 82 527400v4 SJS LA515-47 are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 35. WARRANTY. During the warranty period, the Developer warrants that all Subdivision Improvements will be free from defects and that they will continue to meet all technical specifications and standards. During the warranty period, the Developer agrees to repair or replace any Subdivision Improvement, or any portion or element thereof, which shows signs of failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective Subdivision Improvement 83 527400v4 SJS LA515-47 during the warranty period, the City may repair or replace the defective portion and may use the Security to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers if the 84 527400v4 SJS LA515-47 Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. A. The required warranty period for all work relating to the public sewer and water shall be two (2)2 years from the date of final written City acceptance of the work. B. The required warranty 85 527400v4 SJS LA515-47 period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1)1 year from the date of final written acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two (2)2 years from the date of final written City acceptance of the installation. 36. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of special assessments, payment of the costs of all public Subdivision Improvements, and 86 527400v4 SJS LA515-47 construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a combination of a cash escrow and letter of credit (the “Security") in the amount of $3,232,171__________. The bank originating the letter of credit shall be determined by the City to be solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City’s 87 527400v4 SJS LA515-47 requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. This breakdown is for historical reference; it is not a restriction on the use of the Security. The City may draw down the Security, without notice, for any violation of the terms of this Agreement or if the 88 527400v4 SJS LA515-47 Security is allowed to lapse prior to the end of the required term. If the required public Subdivision Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used by the City to cure the default. 37. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have 89 527400v4 SJS LA515-47 been satisfied, the City Engineer may approve reductions in the Security in the following instances: A. Upon completion of grading operations, including temporary site restoration. The Developer must submit an as-built grading survey to the City that at a minimum establishes the as-built grades at all lot corners and downstream drainage conveyance systems and storm water ponds. Upon inspection of the site and approval of the as-built survey by the City, 100 percent, or $_____________________ ____, of the Security associated with grading may be released. This Security reduction does not 90 527400v4 SJS LA515-47 include amounts related to erosion and sedimentation control. B. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of $685,340_____________ may be released when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as-built inverts have been verified, and the utilities are considered ready for use by the City Engineer. 91 527400v4 SJS LA515-47 2. Construction Categories 4 and 5: The amount of $1,320,002_____________ ___ may be released when all streets, sidewalks, and storm sewer have been installed and tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as-built inverts, but not including the final wear course. 3. Construction Categories 6- 10 and 14-17: The amount of $114,567______________ _ may be released when all remaining Developer’s obligations under this Agreement have been completed including: (1) 92 527400v4 SJS LA515-47 bituminous wear course; (2) street lighting and private utilities; (3) trails; (4) bio retention facilities; (5) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans in the form of the City standards have been received and approved by the City; and (5) the public Subdivision Improvements are accepted by the City Engineer and the City Council. 4. Construction Categories 11, 12 and 13: The amount of $304,219______________ __ may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City Landscape 93 527400v4 SJS LA515-47 Architect including all corrective work for any identified punch list items. C. Twenty-five (25) percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. D. Twenty-five percent (25%) of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping 94 527400v4 SJS LA515-47 Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items being completed by the Developer; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. E. In addition to the above project milestone based Security reductions, the Developer may submit a written request and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve a 95 527400v4 SJS LA515-47 one-time reduction in the Security for Construction Categories 2-5 in an amount not to exceed fifty (50)50 percent of the initial Security amount. This one- time Security reduction does not apply to Categories 4-5 if boulevard sidewalks or trails have not been installed. F. It is the intent of the parties that the City at all times have available to it Security in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the 96 527400v4 SJS LA515-47 Developer for a reduction or release of the Security shall be evaluated by the City in light of that principle. 38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be paid to the City prior to recording the final plat: Sewer Availability Charge (SAC): $192,000 Water Availability Charge (WAC): $192,000 Park Dedication per Section 22:: $134,464 AUAR Fee: $ Park Dedication per Section19 (C): $106,557 Special Assessments Due: $ Street Light Operating Fee: $645 City Base Map Upgrading ($25.00 per REU): $1600 City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $677,266 97 527400v4 SJS LA515-47 39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: : 11074 Radisson Road NE, Blaine, MN 55449, Attn: Hollis Cavner. ______________________ ____. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 40. EVIDENCE OF 98 527400v4 SJS LA515-47 TITLE. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorney’s title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. 41. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, ordinances, regulations, and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of the Minnesota. 42. SEVERABILITY. In the event that any provision of this Agreement shall be 99 527400v4 SJS LA515-47 held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 43. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often 100 527400v4 SJS LA515-47 and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 44. COUNTERPARTS. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 101 527400v4 SJS LA515-47 102 527400v4 SJS LA515-47 CITY OF LAKE ELMO By: ____________ __________________ Its: Mayor By: __________________ _____________ Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by ______________________ and ____________________, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 103 527400v4 SJS LA515-47 104 527400v4 SJS LA515-47 DEVELOPER By: ______________________ _____________ Its: ______________________ _____________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by ______________________ _, the ______________________ _of ______________________ ______________. NOTARY PUBLIC 105 527400v4 SJS LA515-47 DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT , fee owners of all or part of the sub portion of the subject property owned by them. Dated this day of , 2 . STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _____________, 20___. NOTARY PUBLIC 106 527400v4 SJS LA515-47 DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT , which holds a mortgage on the Pr Dated this day of , 2 . STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by ______________________ ______________________ ___________________. 107 527400v4 SJS LA515-47 NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT , which/who has a contra the provisions as the same may apply to that portion of the Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 20___. STATE OF MINNESOTA ) ) ss. COUNTY OF ) 108 527400v4 SJS LA515-47 The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by ______________________ ______________________ ____________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 EXHIBIT A TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Outlot S, Royal Golf Club at Lake Elmo 1st Addition EXHIBIT B TO DEVELOPMENT CONTRACT List of Plan Documents B-2 527400v4 SJS LA515-47 The following documents prepared by __________________, Carlson McCain and Pioneer Engineering____________ ____, collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: B-3 527400v4 SJS LA515-47 B-4 527400v4 SJS LA515-47 B-5 527400v4 SJS LA515-47 B-6 527400v4 SJS LA515-47 B-7 527400v4 SJS LA515-47 B-8 527400v4 SJS LA515-47 B-9 527400v4 SJS LA515-47 B-10 527400v4 SJS LA515-47 B-11 527400v4 SJS LA515-47 B-12 527400v4 SJS LA515-47 B-13 527400v4 SJS LA515-47 B-14 527400v4 SJS LA515-47 B-15 527400v4 SJS LA515-47 B-16 527400v4 SJS LA515-47 B-17 527400v4 SJS LA515-47 B-18 527400v4 SJS LA515-47 B-19 527400v4 SJS LA515-47 B-20 527400v4 SJS LA515-47 B-21 527400v4 SJS LA515-47 B-22 527400v4 SJS LA515-47 B-23 527400v4 SJS LA515-47 B-24 527400v4 SJS LA515-47 B-25 527400v4 SJS LA515-47 B-26 527400v4 SJS LA515-47 B-27 527400v4 SJS LA515-47 B-28 527400v4 SJS LA515-47 B-29 527400v4 SJS LA515-47 B-30 527400v4 SJS LA515-47 B-31 527400v4 SJS LA515-47 B-32 527400v4 SJS LA515-47 B-33 527400v4 SJS LA515-47 B-34 527400v4 SJS LA515-47 B-35 527400v4 SJS LA515-47 B-36 527400v4 SJS LA515-47 B-37 527400v4 SJS LA515-47 EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125%percent 1 G r a d i n g 38 527400v2 SJS LA515-47 2 S a n i t a r y S e w e r 3 W a t e r m a i n 4 S t o r 39 527400v2 SJS LA515-47 m S e w e r ( i n c l u d e s p o n d s t r u c t u r e s a n d o u t f a l l p i p e 40 527400v2 SJS LA515-47 s ) 5 S t r e e t s a n d S i d e w a l k s 6 T r a i l s 7 41 527400v2 SJS LA515-47 S u r f a c e W a t e r F a c i l i t i e s ( p o n d s , i n f i l t r a t i o n b a s 42 527400v2 SJS LA515-47 i n s , o t h e r B M P s ) 8 S t r e e t L i g h t i n g 9 S t r e e t a n d 43 527400v2 SJS LA515-47 T r a f f i c S i g n s 1 0 P r i v a t e U t i l i t i e s ( e l e c t r i c i t y , 44 527400v2 SJS LA515-47 n a t u r a l g a s , t e l e p h o n e , a n d c a b l e ) 1 1 L a n d s c a p i n g 45 527400v2 SJS LA515-47 I m p r o v e m e n t s 1 2 T r e e P r e s e r v a t i o n a n d R e s t o r a t i o n 46 527400v2 SJS LA515-47 1 3 W e t l a n d M i t i g a t i o n a n d B u f f e r s 1 4 M o n u m e n t s 47 527400v2 SJS LA515-47 1 5 E r o s i o n a n d S e d i m e n t a t i o n C o n t r o l 1 6 M i s 48 527400v2 SJS LA515-47 c e l l a n e o u s F a c i l i t i e s 1 7 D e v e l o p e r ’ s R e c o r d D r a w i n 49 527400v2 SJS LA515-47 g s T O T A L S (reserved for recording information) DEVELOPMENT AGREEMENT (Public sewer and water) Royal Golf Club at Lake Elmo 2nd Addition THIS DEVELOPMENT AGREEMENT is dated ______________, 2018, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and Royal Development, Inc., a Minnesota corporation (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for The Royal Golf Club at Lake Elmo 2nd Addition (referred to in this Agreement as the 50 527400v2 SJS LA515-47 “Subdivision”). The property being platted is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on condition that the Developer enter into this Agreement, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 120 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer may not grade or otherwise disturb the earth, remove trees or construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: A. the Developer has caused H.C. Golf Land, LLC to provide an executed deed conveying fee title of Outlots B, F, I, and K to the City and provided copies of the executed deeds to the City for recording with Washington County; B. the Developer has executed and recorded with Washington County all drainage and utility easements required for the Subdivision by the City Engineer and Public Works Director in the City’s standard form or the easements have been dedicated to the City on the plat; C. the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City’s standard form; D. this Agreement has been executed by the Developer and the City; E. the required Security (as hereinafter defined) have been received by the City from or on behalf of the Developer; F. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; 51 527400v2 SJS LA515-47 G. the Developer has paid the City for all legal, engineering and administrative expenses incurred by the City regarding the City approvals and has given the City the additional City Engineering Administration Escrow required by this Agreement; H. the Developer has paid any outstanding assessments and taxes for the property or property being deeded to the City; I. the Developer has escrowed money with the City in amount sufficient to pay the estimated property taxes attributable to Outlots B, F, I, and K for 2019 if the City does not take ownership of the outlots before July 1, 2018. J. the Developer has fulfilled any park dedication requirements as specified under this Agreement; K. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable watershed, Washington County, and any other agency having jurisdiction over the Subdivision; L. the Developer has provided the City with a certificate of insurance required by this Agreement; M. the Developer or the Developer’s engineer and the Developer’s contractor(s) have initiated and attended a preconstruction meeting with the City Engineer, and City staff; N. the final plat has been recorded with Washington County; O. all homeowners’ association declarations, covenants, and restrictions have been submitted, reviewed and approved by the City Attorney; P. a title insurance policy has been issued in the amount of $100,000 in favor of the City insuring Outlots B, F, I, and K and the City’s interests as they appear on the plat; and Q. the City has issued a written notice that all above conditions have been satisfied and that the Developer may proceed. 52 527400v2 SJS LA515-47 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases of the development if the Developer is not in compliance with any term of this Agreement and the non-compliance has not been remedied. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Park dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any changes to the City's Comprehensive Plan, official controls, including, but not limited to, any platting or dedication requirements enacted after the date of this Agreement. 7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in accordance with the City approvals, including the terms and conditions of approval of the final plat as detailed in City Council Resolution No. 2018-062, and City Council Resolution No. 2018[1]-____ and to construct all improvements in accordance with the approved construction 53 527400v2 SJS LA515-47 plans and specifications (collectively, the “Plans”) prepared by a professional engineer registered in the State of Minnesota at its sole expense. All terms and conditions of the City approvals are hereby incorporated by reference into this Agreement. The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. 8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the “Subdivision Improvements”): A. Grading and erosion control; B. Sanitary sewer; C. Water system improvements; D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs, etc.); E. Streets and sidewalks; F. Trails; G. Underground private utilities; H. Landscaping; I. Street lighting and signage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); K. Tree preservation and reforestation; L. Wetland mitigation and buffers; and M. Monuments required by Minnesota Statutes. All improvements shall be installed in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved Plans, the City approvals, the City Code, the City’s Engineering Design and 54 527400v2 SJS LA515-47 Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors or a soil engineer inspect the Developer’s work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit to the City an amount to be escrowed by the City for City administration and construction observation costs in an amount provided under paragraph 36 of this Agreement - Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all administration and construction observation costs incurred by the City during the construction of the Subdivision Improvements by the City’s engineering, public works, planning, and landscape architecture staff and consultants. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until the escrow has been replenished in its full amount. City administration and oversight will include monitoring of construction progress and construction observation, consultation with the Developer and the Developer’s professionals on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the Security. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed by the City on an hourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer-required management of the construction of the Subdivision Improvements. The Developer must require the Developer’s 55 527400v2 SJS LA515-47 contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer-installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City requires for inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or joint venture relationship between the City and the Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25 percent ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified in Paragraph 8 above. 11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision Improvements by October 31, 2018, with the exception of the final wear course of asphalt on streets and sidewalks. The Developer shall install the bituminous wearing course of streets after the first course has weathered a winter season, consistent with warranty requirements, however, final acceptance of the Subdivision Improvements by the City will not be granted until all work is completed, including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and amending this Agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements including the snow plowing of the streets, 56 527400v2 SJS LA515-47 roads and alleys until the Subdivision Improvements are accepted by the City in writing. The Developer is also responsible to locate all underground utilities until the Subdivision is accepted in writing by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed by the Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the street from the Developer’s operations. The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping shall take place on a weekly basis. Prior to the City’s acceptance of the streets the City may agree, at the City’s sole discretion, to keep the streets open during winter months by plowing snow. The City will consider snow plowing streets on a case by case basis and under the following conditions: 1) the Developer must request in writing the streets it is requesting to be plowed by the City, with such request received prior to October 1st of each winter season that plowing is requested; 2) there must be residences along the street; 3) for streets that do not have the bituminous wear course placed, the Developer must install paved wedges along all curb lines and catch basins of the street; 4) gate valves and manholes must be level with the pavement surface; 5) street curves, center medians, and other protrusions in the right-of-ways must be delineated with “HI- VIS” fiberglass stakes; 6) a site review must be scheduled by the Developer and conducted with the City’s Public Works Department with the Developer in attendance to review the streets that are being requested to be plowed prior to the commitment of plowing by the City; 7) the Developer must agree not to hold the City responsible for any damage caused by snow plowing 57 527400v2 SJS LA515-47 operations to the streets, curb and gutter, manholes, catch basins or other infrastructure; and 8) the Developer shall enter into an agreement with the City for plowing of the streets. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property and this Agreement. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the Subdivision via 10th Street North. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and the Developer’s representatives are required to supervise and coordinate all construction activities for all Subdivision Improvements and must notify the City in writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs. 16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall be completed in a manner designed to control erosion and in compliance with the City Code, the City’s Engineering Design and Construction Standards Manual, all watershed district permits, the Minnesota Pollution Control Agency’s best management practices, and other requirements including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate storm sewer system program. Prior to initiating any work on the site, an erosion control plan must be implemented by the Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may impose additional erosion control requirements at any stage in development as deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer promptly after the work in the area is 58 527400v2 SJS LA515-47 complete unless construction of the next stage of the improvements will begin in that area within seven days. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within 10 days, the City may draw down the Security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued by the City unless the Subdivision is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public Subdivision Improvements, the Developer assumes all responsibility for erosion control compliance throughout the Subdivision and the City may take such action as allowed by this Agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City’s building permit requirements, or as required by the City or City Engineer. 17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 30 days after completion of the grading, the Developer shall provide the City with an “as built” grading plan and a certification by a registered land surveyor or engineer as required in the City’s Engineering Design and Construction Standards Manual. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets, including turn lane and intersection improvements, shall be installed in 59 527400v2 SJS LA515-47 accordance with the approved Plans, the City approvals, the City Code, and the City’s Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved Plans. Once the work is completed, the Developer or the Developer’s representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course shall be installed by the Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous wear course, the Developer shall repair or replace all broken or failing curbs, sidewalks and damaged or settled streets as determined by the City from a pre-wear course walk through inspection. 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two years, with the exception of trees planted on lots that have villa or single family homes, which are not required to be warrantied. The two year warranty period for landscaping materials shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans for such phase has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection 30 days prior to the end of the two year warranty period and provide the City with a written report 60 527400v2 SJS LA515-47 identifying the condition of all landscaping. In the event that any landscaping installed by the Developer is deemed through this inspection to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over-seeding necessary to establish final lawns and yards as identified in the approved Plans for outlots, public rights-of-way, and any disturbed areas outside the Subdivision boundaries according to a landscape maintenance plan approved by the City. The Developer agrees to achieve “substantial performance” on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this Agreement “substantial performance” shall be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf areas with an average blade height of three inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil.” For areas seeded with a native grass or flower mix “substantial performance” shall be defined as “square foot native grass or flower areas with an average height of eight inches free of eroded, bare, or dead spots and no visible surface soil.” C. Notwithstanding anything herein to the contrary, the City has agreed to reduce the number of required trees the Developer is required to plant within the Subdivision from 3800 to 2912 as such number is reflected in the revised landscape plans on file with the City. However, in addition to planting the number of trees required by this paragraph, the Developer agrees that it will require that at least two trees be planted on lots that have villa homes and at least four trees be planted on lots that have single family homes. These trees are not to be counted towards the number of trees that are required by this paragraph to be planted by the Developer. All 61 527400v2 SJS LA515-47 trees planted on villa or single family home lots must be planted before the building permit escrow will be released by the City. The Developer may further reduce the number of trees that it is required to plant within the Subdivision by: (i) implementing woodland management or pollinator friendly native seeding practices within the Subdivision, in a manner approved by the City’s Landscape Architect, provided that the number of trees that may be removed from the Developer’s plantings will be agreed upon by the Developer and the City at the time such practices are approved; or (ii) paying to the City a per-tree parkland dedication fee of $500.00 per 2.5 caliper inch tree that the Developer elects not to plant within the Subdivision. D. In consideration for the reduction in the number of trees to be planted by Developer in accordance with paragraph 19 (C) above, the Developer will pay a proportionate share of the total per tree parkland dedication fee for each phase of the Subdivison based upon the number of Single Family Lots within each phase. For the initial phase of the Subdivision, the Developer has paid in full the required parkland dedication fee, receipt of which is acknowledged by the City. For the 2nd Addition, the Developer will pay the City $106,557.00 in parkland dedication fees [($500 X 969 2.5 caliper inch trees reduced within the entire plat area) / 291 Single Family Lots within all phases of the Subdivision X 64 Single Family Lots within the 2nd Addition]. 20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees to install street signs, traffic and parking signs, and pavement markings within the Subdivision all in accordance with the approved Plans and the City Engineering Design Standards Manual. Street and traffic sign details shall be submitted by the Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in accordance 62 527400v2 SJS LA515-47 with the approved plans and right-of-way permits. 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and an electronic file of the "record" plans in accordance with the City’s Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon review and verification by the City Engineer that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer shall dedicate or convey 8.8 acres of land and pay a cash contribution of $611,457.00 in satisfaction of the City's park dedication requirements for the entire Subdivision, all phases, to be dedicated incrementally with each phase of the development. The park dedication for the entire Subdivision was calculated as follows: $800,000.00 (10 percent of $8,000,000 (the total appraised value of the entire Subdivision), less $188,543 for the total appraised value of the land being conveyed to the City for trails (8,085 lineal feet of trail with a 30 foot wide corridor, less 5,010 square feet of buffer encroachment). In the second phase, the Developer shall cause H.C. Golf Land, LLC to deed Outlot B (4.3 gross acres of land) to the City upon the recording of the final plat and shall pay a cash contribution of $134,464.00 to satisfy the City’s park dedication requirements for the second phase. The second phase park dedication was calculated as follows: 64 lots at $2,101.00 per lot ($2,749.00 per lot, less $648.00 for the appraised value of land for the trails being conveyed to 63 527400v2 SJS LA515-47 the City per lot). The parties agree that after the transfer of Outlot B pursuant to the terms of this paragraph, Developer has transferred a total of 5.33 acres to the City leaving 3.47 acres yet to be transferred. 23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $192,000.00. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $192,000.00. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water connection charge in the amount of $1,000.00 per REC will be payable by the Developer and collected by the City at the time the building permit is issued for each lot. 24. STREET LIGHTS. The Developer is responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Security for street light installation consistent with the approved plan. The required Security is $30,000 and consists of five decorative lights at $6,000 each. The Developer shall also pay the City $129/light ($645.00) to reimburse the City for the first year operating costs for the street lights. 25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and in accordance with any 64 527400v2 SJS LA515-47 applicable Watershed or agency permits. If the mitigation work is found to be incomplete or restoration is unsuccessful, the City may draw down the Security at any time during the warranty period to perform the work if the Developer fails to take corrective measures after being provided reasonable notice by the City. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permit shall be issued for any lot within the Subdivision, or within a completed phase of the Subdivision in a City preapproved phasing plan, until such time that sanitary sewer, water, storm sewer, curbing, trails and one lift of asphalt has been installed and tested for all public streets; boulevard grading has been completed within the entire right-of-way (without hold down grading for the future sidewalk or any other improvements); permanent or temporary street and traffic control signs are installed; property monuments have been installed and grading as-built plans have been submitted and approved by the City. A “preapproved phasing plan” is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the preconstruction meeting for the Subdivision. Once the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. B. Issuance of a single building permit for a “model home” may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements described in paragraph 26 (A) above, if there is safe public access to the lot that is sufficient to allow construction to proceed and there is a grading as-built plan approved by the City for the lot and all downstream storm water drainage facilities. However, the City will not issue a certificate of occupancy for any “model home” until all conditions identified in paragraph 26 (A) above have been completed. The Developer shall use the model home only for real estate sales purposes and no 65 527400v2 SJS LA515-47 other purposes. C. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. The monument design shall be approved by the Planning Department. D. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspection or actions and the halting of all work in the Subdivision. E. If building permits are issued prior to the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, the Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. F. If building permits are issued prior to the construction of front yard sidewalks, the Developer assumes all responsibility for the coordination, liability and costs to; 1) ensure that the sidewalks are constructed prior to any driveways for any lots with sidewalks; 2) that the sidewalks are constructed continuously from end of street to end of street without exceptions or gaps in the sidewalk; 3) that there is a stop work order on all building construction for impacted lots during the sidewalk construction and curing periods to prohibit traffic prior to City approval; and 4) that all boulevard grading and restoration re-work is completed immediately following the sidewalk construction. G. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 27. RESPONSIBILITY FOR COSTS. 66 527400v2 SJS LA515-47 A. In the event that the City receives claims from labor, materialmen, or others that work required by this Agreement has been performed and the amounts due to them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to legal, planning, engineering, and inspection expenses incurred in connection with the City’s approval and acceptance of the plat and the Subdivision, the preparation of this Agreement, the City’s review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. All amounts incurred and due to the City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording. C. The Developer shall hold the City and its officials, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the City’s approval of the plat and the development of the Subdivision. The Developer shall indemnify the City and its officials, employees, and agents for all costs, damages, or expenses which the City may pay or incur in 67 527400v2 SJS LA515-47 consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within 30 days after receipt. Bills not paid within 30 days shall be assessed a late fee per the City adopted fee schedule. Upon request, the City will provide copies of detailed invoices of the work performed by the City and its consultants. 28. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the May 30, 2018, Engineering memorandum. B. Upon the recording of the final plat, the Developer shall cause H.C. Golf Land, LLC to convey Outlots B, F, I, and K to the City by warranty deed, free and clear of any and all encumbrances, unless otherwise agreed to by the City. C. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. D. All public trails shall be located within outlots, at least 30 feet in width and either be deeded to the City, dedicated to the City in the plat or an easement in a form acceptable to the City be provided. The title policy to be provided to the City shall 68 527400v2 SJS LA515-47 insure the City’s interests in the property. E. The Developer shall enter into a Landscape License Agreement with the City that clarifies the individuals or entities responsible for maintenance of any landscaping installed in areas outside of land deeded to the City or dedicated as public park and open space on the final plat. F. The Developer shall pay the City a cash donation of $1,000,000.00 upon the Royal Golf Club at Lake Elmo 3rd Addition final plat being approved by the City, or upon approval by the City of that phase of the development where the Tartan Park ballfields are no longer able to be used by the City, whichever happens first. G. A temporary access road providing access to the Outlot N, Royal Golf Club at Lake Elmo lift station and sanitary manhole structures along Outlot R must be provided by the Developer. The Developer also hereby agrees to pave such road within one year from the date that the lift station is operational. H. The Developer shall pay the City a park dedication fee of $106,557 for required trees not planted within the 2nd Addition as per paragraph 19 (C) of this Agreement. This fee was calculated as follows: [($500 X 969 2.5-caliper inch trees reduced within the entire preliminary plat area) / 291 Single Family Lots within all phases of the Subdivision X 64 Single Family Lots within the 2nd Addition]. I. That open space within the shorelands of the Subdivision (specifically Outlots C, D, F, and the rest of Outlot L) be protected with a conservation easement, deed restriction, covenant, or other instrument. Such document(s) must be provided for review and approval by the City Attorney and be executed prior to final plat approval. 29. MISCELLANEOUS. A. The Developer may not assign this Agreement without the written permission of the 69 527400v2 SJS LA515-47 City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a professional engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved Plans. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Homeowners’ association declarations, covenants, and restrictions and other documents related to the homeowners’ association shall be submitted to the City prior to recording of the final plat for review and approval by the City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six months after the City has accepted the public Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate of insurance 70 527400v2 SJS LA515-47 evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days’ advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Agreement. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. This Agreement shall run with the land and may be recorded against the title to the Property at the Developer’s expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time 71 527400v2 SJS LA515-47 thereafter any other right, power or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply with all City, County, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Subdivision is not in compliance, the City may, at its option, refuse to allow construction or development work in the Subdivision until it is brought into compliance. Upon the City’s demand, the Developer shall cease work until there is compliance. 30. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by the Developer to commence and complete construction of the public Subdivision Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 31. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not 72 527400v2 SJS LA515-47 limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from the Developer, or immediately draw on the Security, as set forth in this Agreement. 32. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision for such purposes. If the City does such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements, and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. The Developer also acknowledges that its failure to perform any or all of the Developer’s obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this 73 527400v2 SJS LA515-47 Agreement. 33. WARRANTY. During the warranty period, the Developer warrants that all Subdivision Improvements will be free from defects and that they will continue to meet all technical specifications and standards. During the warranty period, the Developer agrees to repair or replace any Subdivision Improvement, or any portion or element thereof, which shows signs of failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective Subdivision Improvement during the warranty period, the City may repair or replace the defective portion and may use the Security to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers if the Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. A. The required warranty period for all work relating to the public sewer and water shall be two years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one year from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two years from the date of final written City acceptance of the installation. 74 527400v2 SJS LA515-47 34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of special assessments, payment of the costs of all public Subdivision Improvements, and construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a combination of a cash escrow and letter of credit (the “Security") in the amount of $3,232,172. The bank originating the letter of credit shall be determined by the City to be solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. This breakdown is for historical reference; it is not a restriction on the use of the Security. The City may draw down the Security, without notice, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required public Subdivision Improvements are not completed at least 30 days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used by the City to cure the default. 35. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the Security in the following instances: 75 527400v2 SJS LA515-47 A. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of $685,340 may be released when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as-built inverts have been verified, and the utilities are considered ready for use by the City Engineer. 2. Construction Categories 4 and 5: The amount of $1,320,002 may be released when all streets, sidewalks, and storm sewer have been installed and tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as-built inverts, but not including the final wear course. 3. Construction Categories 6-10 and 14-17: The amount of $114,567 may be released when all remaining Developer’s obligations under this Agreement have been completed including: (1) bituminous wear course; (2) street lighting and private utilities; (3) trails; (4) bio retention facilities; (5) iron monuments for lot corners have been installed, if required; (6) all financial obligations to the City have been satisfied; (7) the required "record" plans in the form of the City standards have been received and approved by the City; and (8) the public Subdivision Improvements are accepted by the City Engineer and the City Council. 4. Construction Categories 11, 12 and 13: The amount of $304,219 may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City including all corrective work for any identified 76 527400v2 SJS LA515-47 punch list items. B. Twenty-five percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. C. Twenty-five percent of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items being completed by the Developer; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. D. In addition to the above project milestone based Security reductions, the Developer may submit a written request and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve a one-time reduction in the Security for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial Security amount. This one-time Security reduction does not apply to Categories 4-5 if boulevard sidewalks or trails have not been installed. E. It is the intent of the parties that the City at all times have available to it Security in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Security shall be evaluated by the City in light of that 77 527400v2 SJS LA515-47 principle. 36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be paid to the City prior to recording the final plat: Sewer Availability Charge (SAC): $192,000 Water Availability Charge (WAC): $192,000 Park Dedication per Paragraph 22: $134,464 Park Dedication per Paragraph19 (D): $106,557 Street Light Operating Fee: $645 City Base Map Upgrading ($25.00 per REU): $1600 City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $677,266 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: c/o Zappia & LeVahn, Ltd., Attn: Joel LeVahn, 941 Hillwind Rd NE, Suite 301, Fridley, MN 55432. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3880 Laverne Avenue N., Lake Elmo, Minnesota 55042. 38. EVIDENCE OF TITLE. The Developer shall furnish the City with evidence of fee ownership of the property being platted by way of a title insurance policy dated not earlier than 30 days prior to the execution of the plat. 39. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, ordinances, regulations, and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of the Minnesota. 40. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall 78 527400v2 SJS LA515-47 pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 41. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 42. COUNTERPARTS. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 79 527400v2 SJS LA515-47 CITY OF LAKE ELMO By: ____________ __________________ Mike Pearson Its: Mayor By: __________________ _____________ Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 80 527400v2 SJS LA515-47 ROYAL DEVELOPMENT, INC. By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___, day of _________________, 2018, by Joel T. LeVahn, the Chief Financial Officer of Royal Development, Inc., a Minnesota corporation, on behalf of the corporation. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 81 527400v2 SJS LA515-47 MORTGAGEE CONSENT TO DEVELOPMENT AGREEMENT Northeast Bank, which holds a mortgage on the Property, the development of which is governed by the foregoing Development Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 . STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by _______________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 A-1 527400v2 SJS LA515-47 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of Property Being Final Platted Outlots O, P, R, and S, The Royal Golf Club at Lake Elmo, Washington County, Minnesota, according to the recorded plat thereof. B-1 527400v2 SJS LA515-47 EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Carlson McCain and Pioneer Engineering, collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE 1 of 21 of The Royal Golf Club at Lake Elmo Phase 1 Grading, Development & Erosion Control Plans Cover 2 of 21 of The Royal Golf Club at Lake Elmo Phase 1 Grading, Development & Erosion Control Plans Grading Index 3-15 of 21 of The Royal Golf Club at Lake Elmo Phase 1 Grading, Development & Erosion Control Plans Grading, Drainage & Erosion Control Plans 16-18 of 21 of The Royal Golf Club at Lake Elmo Phase 1 Grading, Development & Erosion Control Plans Details 19-21 of 21 of The Royal Golf Club at Lake Elmo Phase 1 Grading, Development & Erosion Control Plans Retaining Wall Profiles 1 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Cover 2-3 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Index 4 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Sanitary Sewer & Watermain – Sheet Index B-2 527400v2 SJS LA515-47 5-9 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Sanitary Sewer & Watermain 10 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Storm Sewer – Sheet Index 11-15 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Storm Sewer 16-20 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Street Construction 21-22 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Signing, Striping & Lighting Plan 23 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Trail Construction 24-27 of 27 of The Royal Golf Club at Lake Elmo 2nd Addition Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans Details L1 – L5 of 8 of the Landscape Plan Landscape Plan L6 of 8 of the Landscape Plan Groundcover Plan L7 of 8 of the Landscape Plan Irrigation Connection Points L8 of 8 of the Landscape Plan City Planting Details C-1 527400v2 SJS LA515-47 EXHIBIT C TO DEVELOPMENT AGREEMENT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125percent 1 Grading $0 $0 2 Sanitary Sewer $216,439 $270,549 3 Watermain $514,590 $643,238 4 Storm Sewer (includes pond structures and outfall pipes) $409,748 $512,185 5 Streets and Sidewalks $998,255 $1,247,818 6 Trails $72,670 $90,838 7 Surface Water Facilities (ponds, infiltration basins, other BMPs) $0 $0 8 Street Lighting $30,000 $37,500 9 Street and Traffic Signs $4,235 $5,294 10 Private Utilities (electricity, natural gas, telephone, and cable) 11 Landscaping Improvements $324,500 $405,625 12 Tree Preservation and Restoration $0 $0 13 Wetland Mitigation and Buffers $0 $0 14 Monuments $7,300 $9,125 15 Erosion and Sedimentation Control $8,000 $10,000 16 Miscellaneous Facilities $0 $0 17 Developer’s Record Drawings $0 $0 TOTALS $2,585,737 $3,232,172 C-1 527400v4 SJS LA515-47 FORM OF IRREVOCABLE LETTER OF CREDIT No.__________________ Date: ________________ TO: City of Lake Elmo Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___, of (Name of Bank)" ; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 20___. d) Be for an amount not to exceed the principal amount of the credit herein. e) Be accompanied by the original copy of this letter. f) Be accompanied by a copy of a Notice of Default, which relates to a default under the Development Agreement dated _____________, 2018 between the City of Lake Elmo and Royal Development, Inc. for the project known as The Royal Golf Club at Lake Elmo 2nd Addition. This Letter of Credit shall be automatically extended for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3880 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. If you have questions please contact Larry Crane at 763-792-3216. C-2 527400v4 SJS LA515-47 BY: Its FORM OF IRREVOCABLE LETTER OF CREDIT No.__________________ Date: ________________ TO: City of Lake Elmo Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___, of (Name of Bank)" ; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 20___ This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written 527400v4 SJS LA515-47 notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: 527400v4 SJS LA515-47 Its STAFF REPORT DATE: July 3, 2018 CONSENT ITEM #: 11 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: DISPOSITION OF SURPLUS EQIPMENT REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The Fire Department has several pieces of equipment for Disposal/Sale. This equipment has either accrued over the years due to replacement/upgrade, become obsolete or being replaced as part of the rescue equipment purchase. The equipment, approximate value and recommended disposition are as follows: Hose tester/pressure washer Est. Value $1,500 Very limited market Craigslist or to FD’s Hydraulic rescue equipment Est. Value $4,500 Either trade in or try and sell with proceeds going toward new rescue equipment. 30 – Miscellaneous pagers, some work, some for parts only Est. Value 1,000 Craigslist item, very limited demand 1 – Portable generator with light Est. Value $500 Reducing gas motors on dept. Replaced with rechargeable battery light. ISSUE BEFORE COUNCIL: Should the Council approve the “Disposition and/or Sale of the Surplus Equipment per The City of Lake Elmo Purchasing Policy?” PROPOSAL DETAILS/ANALYSIS: The approval of this action would allow the Fire Department to move forward with the disposition of this surplus equipment. FISCAL IMPACT: Potential revenue from sale of equipment. OPTIONS: 1) Approve disposition of equipment. 2) Deny approval RECOMMENDATION: Approve Disposition of Surplus Equipment as recommended above. ATTACHMENTS: None STAFF REPORT DATE: 7/3/18 REGULAR AGENDA ITEM: #12 TO: Council FROM: Emily Becker, Planning Director ITEM: Wyndham Village Preliminary Plat and Zoning Map Amendment REVIEWED BY: Jack Griffin, City Engineer BACKGROUND: The City has received a request from JP Bush Homes for a Preliminary Plat for a ten unit single family detached home development to be called Wyndham Village as well as a Zoning Map Amendment to rezone the property from Rural Single Family Residential to Urban Low Density Residential. REVIEW/ANALYSIS: Applicant: JP Bush Homes, 1980 Quasar Ave S, Lakeland, MN 55043 Property Owners: James McLeod, 11580 30th St N, Lake Elmo, MN 55042 Location: Part of the southwest quarter of the southeast quarter of Section 13, Township 29 North, Range 21West PID: 13-029-21-43-0001 Request: Preliminary Plat and Zoning Map Amendment Existing Land Use: Single Family Detached Residential Home Existing Zoning: RS – Rural Single Family Surrounding Area: North – Northport (Urban Low Density Residential); East – Northport (Urban Low Density Residential); West – Rural Single Family Residential; South – the Homestead (Open Space Preservation Development) Comprehensive Plan: Village Urban Low Density Residential (1.5-2.49 units per acre) Proposed Zoning: V-LDR – Village Urban Low Density Residential (1.5 – 2.49 units per acre) History: The property has long been used as a single family detached dwelling unit. A Comprehensive Plan Amendment to re-guide the property from Rural Single Family to Village Urban Low Density as well as Sketch Plan Review was approved by the City on February 7, 2018 and by Metropolitan Council on March 14, 2018. 2 Deadline for Action: Application Complete – 5/7/2018 60 Day Timeline – 7/6/2018 Extension Sent – N/A Applicable Regulations: Article XII – Urban Residential Districts (LDR) Chapter 153: Subdivision Regulations Usable Backyard Issue. The developer has revised the proposed sketch plan that was previously submitted to the city. The initial sketch plan did not provide backyards that the City had felt were usable, as a 66 foot wide Northern Natural Gas Easement ran along the majority of the backyards of the lots to the west of Liberty Court North. The proposed preliminary plat reduces the number of proposed lots from 13 to 10, as approved by Council, reducing the proposed density from 2.17 units per acre to 1.67 units per acre. Additionally, the developer had provided an exhibit which shows proposed building pad locations that show a 20 foot rear yard principal building setback from the Northern Natural Gas Easement. This exhibit shows that a pool and play set could reasonably fit within these backyards. The standard rear yard setback for properties located within the Village Low Density Residential Zoning District is 20 feet, and so Staff believes that so long as the lots in which the Northern Natural Gas Easement is located maintain a 20 foot principal building rear yard setback from the easement that these proposed lots will provide a sufficient rear yard. This has been added as a recommended condition of approval. Density. The total site acreage is 5.97 acres, and the proposed number of homes is 10. Because none of the area within the proposed preliminary plat can be netted out (i.e. none of it is arterial right-of- way or parkland), the proposed density is 1.67 units per acre. This is within the required density of the Village Urban Low Density (1.5-2.49 units per acre). Greenbelt Buffer. The updated sketch plan increases the greenbelt buffer to the south of the development. Since the initially-proposed sketch plan, the applicant has increased the buffer to approximately 80 feet, which is approximately equal to the buffer provided by the development to the east, Northport. The lot on to which the single family home shall be relocated (Lot 7) does not match this buffer, as the Outlot A does not buffer it from 30th Street. The Village Low Density Residential zoning district designates that residential lots are not to encroach on the Village Open Space Overlay District unless berming or screening protected by a landscape easement is provided as an alternative approved by Council. It is a recommended condition of approval that the applicant provide a detailed site plan for this lot showing the proposed house location and screening/buffering to be approved by Council and protected by a landscape easement. Landscape Plans. The City’s landscape architect has reviewed the landscape plans, but due to insufficient information provided by the applicant has not yet completed review. Approval is contingent upon approved landscape and tree preservation plans being approved by the City’s Landscape Architect. Park Dedication. The proposed development is to the east of Reid Park. With recording of the Northport plat, the City received approximately an additional 12.5 acres of parkland for an extension of Reid Park. The Neighborhood Park Search Area map of the Comprehensive Plan’s Parks and Recreation Plan does not identify this area for a neighborhood park. Therefore, Staff would not recommend that parkland be dedicated within this development and that the City accept fees in lieu of parkland dedication. Per the City’s Subdivision Ordinance, 10% of the fair market value of the 3 land will need to be paid as the parkland dedication fee. The fair market value of the land is determined by current market data, if available, or by obtaining an appraisal from a licensed real estate appraiser, and the subdivider is required to pay for the appraisal. In this case, if the owner of the property will be selling the land to the Applicant to be developed, there will be current market data available. If the owner is not selling the land, an appraisal to determine the fair market value will likely be required in order to determine the amount of parkland dedication the City will receive. The Parks Commission reviewed the proposed sketch plan at its November 2017 meeting and recommended that there be a fee paid lieu of park land and that a trail connection connecting the cul- de-sac to 30th Street would not be desirable because pedestrian crossings are preferred at controlled intersections and that there is a hill at the location of the cul-de-sac, which would create a safety hazard. Trails. No trails are being proposed within the development, only a sidewalk on the west side of Liberty Court North. There is already a trail along the south of 30th Street, and the developers of Northport will be constructing a segment of a trail from the southern edge of that development off Liberty Court North. This trail segment will not connect to the existing trails in Reid Park, however, as approved by Council. The City may extend this trail through to the existing trails in Reid Park in the future. The City’s trail plan indicates a trail along 30th Street North, which already exists on the south side of the street. 4 Access. Access to the proposed lots will be provided from Lower 31st Street North to the north of the subject property (part of the Northport development). Access to this parcel was pre-planned with the adjacent subdivision in order to preserve the proper access management along 30th Street North. The existing driveway will be eliminated as suggested by Staff. Access to the new Lot 7 is proposed to be provided off the cul-de-sac of Liberty Court North. Streets. The proposed streets appear to be meeting the City’s minimum standards: • Liberty Court is proposed to be 28-feet wide within a 60-foot right-of-way; • A 60 foot cul-de-sac right-of-way width is provided with a 45 foot pavement radius; • The cul-de-sac length is proposed to be 510 feet long; • There is a proposed sidewalk to the west of this street. The residential maximum longitudinal grade is 6% with a sidewalk which appears to be feasible. Potential connections to this sidewalk should be considered moving forward. • Surmountable concrete curb and gutter needs to be installed in single family areas with future driveways. Street Naming. The proposed name of Liberty Court is consistent with the City’s Street Naming Policy in that it starts with Li-, which is appropriate within the grid system. There are existing Li- streets both west and far east of this development on the grid pattern, and so it does not necessarily make sense to use an existing street’s name, as it is not specifically in line with an existing street on the grid. Additionally, Northport Final Plat has already been recorded providing a street stub in to this development with the name of Liberty Court N. Utilities – Municipal Water Supply and Municipal Sanitary Sewer. Public water and sanitary sewer service will be extended to the site with the development of Northport. The preliminary plans will need to include detailed utility construction plans that meet City engineering standards. Existing Trail 5 Environmental Review. The proposed development is within the Village Alternative Urban Area Wide Review (AUAR), which was completed in order to address the expected cumulative environmental impacts associated with the anticipated growth and development within the Village. City Engineer Review. The City Engineer’s review comments are found as part of the attachments. Items of note are as follows. These are included as recommended conditions of approval. • Preliminary plat and plans should be revised to dedicate additional right-of-way along 30th Street and/or to expand the storm water to the 100-year High Water Level (HWL) flood area. • Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the Northern Natural Gas easement. The City must receive copies of the written permission prior to approval of the final plat. • Written landowner permission must be submitted as part of the final plat development applications for any off-site grading work and storm water discharges to adjacent properties. • There were a number of other amendments required to the plan for approval, which can be reviewed in the memo. It is a recommended condition of approval that all of these comments be addressed on the plans prior to submission of final plat for approval. Fire Chief and Building Official Review. The Fire Chief and Building Official worked with Engineering to address any issues with this plat and provided no further comment. Airport. The proposed development is not within the Lake Elmo Airport Existing Runway Protection Zones; however, the Metropolitan Airports Commission was given the opportunity to review the proposed development with the Preliminary Plat application and has provided a review memo, attached. From this review memo, it is a recommended condition of approval that the applicant be required to submit a disclosure statement (similar to that required of homes within Easton Village) that alerts prospective buyers about the proximity of the development to the airport and encourages appropriate noise attenuation construct practices for residential structures. Lot Dimensions and Bulk Requirements. The proposed sketch plan appears to the meet the lot dimensions and bulk requirements for the Village Urban Low Density Residential zoning district, except for Lot 1. This is the only lot that does not meet the required lot width at the setback line. It is a recommended condition of approval that this lot width be increased to 70 feet. Standard Required Proposed Minimum Lot Area 9,000 square feet 9,185 square feet – 41,980 square feet (average of 16,423 square feet) Minimum Lot Width 70 feet 65-229.30 feet Maximum Impervious Surface 35% Unknown Minimum Front Yard Setback 25 feet Grading plan indicates this can be met Minimum Interior Sideyard Setback (principal buildings) 10 feet Grading plan indicates this can be met 6 Minimum Interior Sideyard Setback (accessory structures) 5 feet N/A Minimum Corner Sideyard Setback 15 feet N/A Minimum Rear Yard Setback 20 feet All required rear yard setbacks appear to be met, including from the Northern Natural Gas Easement Outlot A. Outlot A will be City-owned for ponding purposes. This development will also utilize Outlot H of Northport, which contains an infiltration basin. Lot Easements. Lot easements (front, rear and side yard) need to be shown on the plan meeting City requirements. Zoning Map Amendment. Zoning Map Amendments are typically processed during preliminary plat. As such, the applicant has requested a Zoning Map Amendment to rezone the property from Rural Single Family to Urban Low Density Residential. The properties to the north and east of the subject parcel are guided for Village Urban Low Density (V-LDR) and have been re-zoned to Urban Low Density Residential. This was because when these properties received Preliminary Plat approval, there did not exist a Village Urban Low Density zoning district. The V-LDR ordinance was created on 5/26/17. While it would be preferable that the property be rezoned the Urban Low Density in order to align with the zoning of surrounding parcels, the Zoning Code states that densities within the Urban Low Density Zoning District shall range from two 2 to 4 units per acre. Because the proposed density of the development is not within the 2-4 units per acre range, it is not appropriate to re-zone Urban Low Density Residential as the adjacent parcels are zoned. As such, Staff would recommend that the property be re-zoned V-LDR. This is consistent with the Comprehensive Plan in that the parcel is now guided for Village Urban Low Density Residential, as approved by the City Council on February 7, 2018 and the Metropolitan Council on March 14, 2018. Planning Commission Review. The Planning Commission held a public hearing and considered the proposed Preliminary Plat and Zoning Map Amendment at its June 4, 2018 meeting. At the public hearing, there was concern brought up about the density and the greenbelt buffer encroaching on Lot 7. It was clarified that the zoning is Village Low Density Residential, which is not the same as Low Density Residential, and that the Village Low Density Residential zoning district requires that buffering/screening be provided on residential lots that encroach the Village Open Space Overlay District. As such, there was an added aforementioned condition of approval that the applicant provide a detailed site plan that showed the proposed house location along with screening and buffering to be approved by Council and protected by a landscape easement. There was also an adjacent property owner who questioned if he would be able to develop similarly to this parcel, as his property also has the Northern Easement running through it. It was clarified that the Draft 2040 Comprehensive Plan also guides his parcel as Village Low Density Residential, and so as long as he came up with a plan that worked and went through the required application processes and the development adhered to all City Code requirements and standards, then the property could develop. 7 Recommended Findings. Staff recommends the following findings in regards to the proposed Preliminary Plat: 1) That the Wyndham Village preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Wyndham Village preliminary plat complies with the City’s Village Urban Low Density Residential zoning districts with required condition of approval. 3) That the Wyndham Village preliminary plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, and is consistent with the City’s engineering design standards with corrections as noted by the City Engineer Review Memo dated May 30, 2018. 4) That the Wyndham Village preliminary plat complies with the City’s subdivision ordinance. Recommended Conditions of Approval. Staff recommends the following conditions of approval: 1. That the City approve a Zoning Map Amendment to rezone the property from Rural Single Family to Village Low Density Residential 2. Homes within lots in which the Northern Natural Gas Company Easement (Document 384029) (“Northern Easement”) is located shall maintain a 20 foot principal building rear yard setback from the Northern Easement. 3. All required modifications to the plans as requested by the City Engineer in a review letter dated May 30, 2018 shall be incorporated into the plans, and plans shall be approved prior to consideration of a final plat. 4. Preliminary plat and plans should be revised to dedicate additional right-of-way along 30th Street and/or to expand the storm water to the 100-year High Water Level (HWL) flood area. 5. Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the Northern Easement. The City must receive copies of the written permission prior to approval of the final plat. 6. Written landowner permission must be submitted as part of the final plat development applications for any off-site grading work and storm water discharges to adjacent properties. 7. The developer shall pay a cash contribution in lieu of land for park dedication equal to 10% of the fair market value of the entire parcel. 8. The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. 9. The preliminary landscape plan shall be approved by the City prior to recording of the final plat. 10. The lot width of Lot 1 shall be increased to 70 feet, and all other lot dimension and bulk requirements of the Village Urban Low Density zoning district must be met. 11. The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights as well as its proximity to the railroad and associated noise and vibration. 8 12. All builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 13. All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. 14. Prior to recording the Final Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. 15. The Applicant shall provide a detailed site plan for Lot 7 showing the proposed house location and screening/buffering to be approved by Council and protected by a landscape easement. FISCAL IMPACT: There would be no fiscal impact to the City at this time, as the developer would be required to pay for any amendments needed to accommodate the increase in REC units. When the property develops, it will have urban services and will pay sewer and water connection charges, building permit fees and the like. OPTIONS: • Approve the proposed preliminary plat and zoning map amendment with recommended findings and conditions of approval. • Amend Staff and Planning Commission-recommended findings and conditions of approval and approve the proposed preliminary plat and zoning map amendment. • Do not approve the proposed preliminary plat and zoning map amendment, directing Staff to draft findings for denial and bring back to a future meeting. RECOMMENDATION: Staff and the Planning Commission recommend approval of the Wyndham Village Preliminary Plat and Zoning Map Amendment. “Move to adopt Ord. 08-212 approving the proposed Zoning Map Amendment to rezone 11580 30th Street North from Rural Single Family to Village Urban Low Density Residential” “Move to adopt Resolution 2018-066 approving the Wyndham Village Preliminary Plat subject to recommended findings and conditions of approval.” ATTACHMENTS: 1. Application and Narrative 2. Preliminary Plat 3. Preliminary Landscape Plans 4. Engineer Review Memo 5. Metropolitan Airports Commission Review Memo 6. Resolution 2018-066 approving Preliminary Plat 7. Ord. 08-212 approving the Zoning Map Amendment     PAGE 1 of 4  MEMORANDUM         Date:  May 30, 2018      To:  Emily Becker, Planning Director  Re:  Wyndham Village Preliminary Plan Review  Cc:  Rob Weldon, Public Works Director  Chad Isakson, Assistant City Engineer     From:  Jack Griffin, P.E., City Engineer          An engineering review has been completed for Wyndham Village. Preliminary Plat/Plans were received on May 8,  2018. The submittal consisted of the following documentation:     Wyndham Village Preliminary Plat, dated May 4, prepared by Landmark Surveying, Inc.   Wyndham Village Preliminary Plans, Sheets C1.1‐C5.2, dated May 4, 2018, prepared by Plowe Engineering.   Stormwater Management Plan, dated May 8, 2018, prepared by Plowe Engineering.   Landscape Plans, Sheets L1‐L5, dated May 7, 2018, prepared by CalYX Design Group.   Preliminary Plan Narrative, dated May 4, 2018, prepared by J.P.Bush Homes.      STATUS/FINDINGS:  Engineering has prepared the following review comments:      PRELIMINARY PLAT   Preliminary plat approval should be contingent upon all public improvements that support the development  being designed and constructed in accordance with the City Engineering Design Standards Manual dated  March 2017 and as identified within this plan review memorandum.   Preliminary plat approval should also be contingent upon the preliminary plans being revised and approved  by the City prior to the City accepting an application or plans for final plat.   Right‐of‐way/Easement Dedication. The Preliminary Plat and all preliminary plan sheets must be revised to  dedicate additional right‐of‐way along 30th Street North to ensure a minimum 30th Street boulevard of 16  ft. along the entire length of the plat. The current plans show a varied boulevard width from 11‐25 feet. In  addition, a 10 ft. utility corridor must be reserved (at boulevard grades) for small utilities. The proposed  storm water facilities (including the 100‐year HWL) must be revised further north to prevent encroachment  onto the 10 ft. utility corridor.   Outlot A must be dedicated to the City for storm water maintenance. Outlot A has been shown as City‐ owned on the preliminary plat and plans as required. Outlot A may need to be revised to accommodate  additional right‐of‐way along 30th Street and/or to expand the storm water 100‐year HWL flood area.    Drainage and utility easements are required over all storm sewer, sanitary sewer and watermain not located  on City Outlots and right‐of‐way, minimum 30‐feet in width centered on the pipe/structure. Easements  must be shown on the Preliminary Plat, Utility Plans and Grading Plans.    Additional easement is required over the storm sewer outfall pipe between Lots 5 and 6.   Additional easement is required for the proposed Lot 7 driveway culvert.  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283      PAGE 2 of 4   Additional easement is required over Lot 6 for the sanitary sewer pipe from MH‐2 to MH‐3, or this pipe  must be realigned to the center of the Lot 7 driveway.   All emergency overflow elevations must be fully protected by drainage easement.   Written easement owner permission must be obtained, and copies provided to the City, for work to be  completed within the gas main easement. The City must receive copies of the written permission prior to  the approval of final plat.   Written landowner permission must be submitted as part of the f inal plat development applications for any  off‐site grading work and storm water discharges to adjacent properties.    Access Management. The Preliminary Plans shows access to the plat from the Northport subdivision along  Liberty Court. This access was pre‐planned with the adjacent subdivision and preserves the proper access  management along 30th Street North.     STORMWATER MANAGEMENT   The site plan is subject to a storm water management plan meeting State, VBWD and City rules. Additional  City review is necessary for plan changes made to meet these requirements.   Storm water facilities proposed as part of the site plan to meet State and VBWD permitting requirements  must be constructed in accordance with the City Engineering Design Standards Manual.   The storm water management must be revised to demonstrate rate control for each discharge location  rather than a combined discharge. The model must also be revised to correct the pre and post drainage  areas based on existing contours rather than property lines.    The model must evaluate the HWL changes to the Northport Infiltration basin due to areas of direct  discharge and plan revisions must be made to ensure the HWL does not increase.   The model must be revised to include the 10‐day 100‐year snowmelt condition.   The storm water management plan must demonstrate volume control requirements being met.   The storm water management plan executive summary must identify the rate control for each discharge  point and summarize the BMP normal water and resulting high water levels for each basin.     GRADING, DRAINAGE AND EROSION CONTROL   Add north arrow and plan scale.   Add Grading and Erosion Control City Standard Plan Notes dated March 2017 (Details 600A, 600B, 600C, and  600D) to the plan.   Add all lot corner elevations.   The grading plans must be updated to provide all existing conditions along 30th Street including right‐of‐way  widths, street widths from centerline, lane configurations, signs, and all other physical features.    The plans must show all existing and proposed normal water level (NWL) and high water level (100‐year  HWL) for all water bodies within and adjacent to the property, including Northport infiltration basin. Add  100‐year HWL contour for all ponds and verify that the 100‐year HWL is fully contained within the Outlot.  This information is incomplete and must be revised for further review.   The plans must be updated to show the pond maintenance access roads to the facilities and must be a  minimum of 20 ft. wide and at grades that do not exceed 10%.   The plans must show a 10:1 aquatic bench and 10:1 maintenance bench around the storm water pond.   The Stormwater Facility Outlots must fully incorporate the 100‐year HWL, 10‐foot maintenance bench and  all maintenance access roads.   Add Outlet Control structure meeting City standards to replace the 15‐ft. wide pond overflow as the primary  outlet. The overflow should remain as an emergency overflow.     RESIDENTIAL STREETS     Public street standards. Liberty Court must be designed to meet the City’s Engineering Design Standards. A  60 ft. right‐of‐way width with 28 ft. wide street has been shown as required; and a 60 ft. cul‐de‐sac R/W  radius with 45 ft. cul‐de‐sac pavement radius has been shown as required.      PAGE 3 of 4   Liberty Court will result in a 510 ft. long cul‐de‐sac, meeting City standards.    Surmountable concrete curb and gutter shall be installed in single family residential areas with future  driveways.    Pedestrian facilities: A 6 ft. wide sidewalk has been shown along Liberty Court as required. The City should  review any potential connections to this sidewalk.   Ten (10) foot utility easements are required on either side of all right‐of‐ways.    STREET AND STROM SEWER PLANS   Correct plan view scale.   Label street and right‐of‐way width, and label cul‐de‐sac pavement and right‐of‐way radius.   Label concrete sidewalk width on the plan.   Add pedestrian ramp (call‐out in plan view) where sidewalk terminates at cul‐de‐sac.   Add City standard Typical Section per City detail 805 on the street plans. All information shown in the City  details must be shown on the typical section including cross‐slopes, boulevard tree setbacks, sidewalk  location and 10‐ft. small utility corridors on each side of right‐of‐way.   Add City standard detail 801 on the street plans to detail the minimum project pavement section.   Add City Standard Sidewalks and Trails Plan Notes dated March 2017 (Detail 500A).   Add City Standard Storm Sewer Plan Notes dated March 2017 (Detail 400A).   Revise street profile to meet City standards for vertical crest curve K= 19 minimum.   Label all storm sewer structures including FES.   The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.0 feet.  Revise storm sewer from CBMH to FES to maintain minimum 3‐ft. pipe cover.   Per City requirements all storm sewer pipe easements must be a minimum 30‐feet in width. Additional  easement is required over Lots 5 and 6 to provide a minimum 30‐ft easement centered over the pipe.   Add profile for proposed driveway culvert and verify 30 ft. easement over pipe and structures.   Add storm sewer structure table showing casting type and build.   Call‐out sump manhole in plan view.    Drain tile is required as part of the City standard street section at all localized low points in the street.  Coordinate with Northport to extend drain tile per City standards, minimum 100 ft. on each side of road,  from existing catch basins in Northport development, south along Liberty Court. End each drain tile with a  clean‐out.    MUNICIPAL WATER SUPPLY   Municipal water supply is available immediately adjacent to the proposed development along Liberty Court.  The applicant is responsible to extend the municipal water into the development site at developer’s cost.   No trunk watermain oversizing applies.    MUNICIPAL SANITARY SEWER   Municipal sanitary sewer is available immediately adjacent to the proposed development along Liberty  Court. The applicant is responsible to extend sanitary sewer into the development site at developer’s cost.   No trunk sewer oversizing applies.    SANITARY SEWER AND WATERMAIN PLANS   Add plan scale and north arrow.   Add City Standard Watermain Plan Notes dated March 2017 (Detail 200A) to the utility plan.   Add City Standard Sanitary Sewer Plan Notes dated March 2017 (Detail 300A) to the utility plan.   Add existing gas main(s) and show pipe size, material and location (dimensions from easement edge). Gas  main depths must be field verified and placed on the plans at water/sewer service crossing.   Add and clearly show gas main easement area and contact information.      PAGE 4 of 4   Extend water and sewer service for Lot 7 completely across gas main easement as part of the development  improvements. Show extensions on the utility plan.   Revise 6” PVC sewer pipe with City minimum 8” PVC sewer main.     Realign the sewer pipe to the centerline of the Lot 7 drainage and utility easement. The pipe requires a  minimum 30‐ft easement centered over the pipe.   Relocate MH‐3 to remain a minimum 15‐ft outside of the gas main easement.   Add water and sewer service stubs to each lot including sewer stub invert.   All water/sewer stubs must be perpendicular to the street. Watermain and sewer main realignment will  be necessary in the cul‐de‐sac to meet this requirement.    Sanitary sewer service pipe to be called‐out as Schedule 40 and stubbed 10ft. beyond the right‐of‐way.   All curb stops to be located 10 ft. beyond the right‐of‐way.   Water/sewer stubs cannot terminate within a paved driveway surface.   Add sewer manhole to realign watermain/sewer main to remain under bituminous paved surface.    SIGNING/PAVEMENT MARKING/LIGHTING PLAN   Add signing, pavement marking and lighting plan per City standard plan format. Update sheet index.   Add Signing/Pavement Markings/Lighting Plan Notes dated March 2017 (Detail 900A).   Add one City standard light pole at the end of the cul‐de‐sac.   Add Street Light Note to indicate “Residential street lights shall be Xcel Energy 100W HPS California Acorn  (Black in Color) with a 15 ft. Aluminum Pole (Black in Color)”.   Add three (3) “No Parking” signs for no parking around cul‐de‐sac. No parking signs to be MnMUTCD R8‐3,  18”x18”.    DETAILS   Sheets C4.1‐C4.3. Add City details 210, 419, 420, 507A‐E, 508, 511, 514, 805, 901, 902, and 903.    SPECIFICATIONS   Submit Project Specifications for Wyndham Village for staff review using the City Standard Specifications  dated March 2017.   If supplementary specifications are also submitted, the following statement must be placed as the first clause  of the supplementary provisions, “The City Standard Specifications for Public Infrastructure, dated March  2017, shall apply to the work performed under this contract. Any supplemental specifications are intended to  supplement  the  City  Standard  Specifications,  however  they  do  NOT  supersede  the  City  Standard  Specifications, Details, Design Standards, or ordinances unless specific written approval has been provided  by the City.”    LANDSCAPE PLAN:   This review does not cover the Landscape Plan or Irrigation Plan. Plan review to be completed by other City  representatives.   The Landscape Plans must be revised to accommodate maintenance access to all storm water BMPs. Grades  along pond access cannot exceeded 10% and must be a minimum of 20 feet in width. Maintenance access  from public right‐of‐ways must be shown on the Landscape Plans.             CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2018-066 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR WYNDHAM VILLAGE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the Lake Elmo Planning Commission reviewed a proposed Sketch Plan and Comprehensive Plan Amendment Request for Wyndham Village on November 13, 2017; and WHEREAS, the Lake Elmo City Council reviewed a proposed Sketch Plan and approved a Comprehensive Plan Amendment Request for Wyndham Village on February 20, 2018; and WHEREAS, the Metropolitan Council approved a Comprehensive Plan Amendment to re-guide the land use of Wyndham Village from Rural Single Family to Village Low Density Residential on March 14, 2018; and WHEREAS, JP Bush, 11580 30th St N, Lakeland, MN 55043 has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for Wyndham Village, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 4, 2018 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from for the July 3, 2018 Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on June 19, 2018 and made the following findings of fact: 1) That the Wyndham Village preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Wyndham Village preliminary plat complies with the City’s Village Urban Low Density Residential zoning districts with required condition of approval. 3) That the Wyndham Village preliminary plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, and is consistent with the City’s engineering design standards with corrections as noted by the City Engineer Review Memo dated May 30, 2018. 4) That the Wyndham Village preliminary plat complies with the City’s subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the preliminary plat for Wyndham Village subject to the following conditions: 1) That the City approve a Zoning Map Amendment to rezone the property from Rural Single Family to Village Low Density Residential 2) Homes within lots in which the Northern Natural Gas Company Easement (Document 384029) (“Northern Easement”) is located shall maintain a 20 foot principal building rear yard setback from the Northern Easement. 3) All required modifications to the plans as requested by the City Engineer in a review letter dated May 30, 2018 shall be incorporated into the plans, and plans shall be approved prior to consideration of a final plat. 4) Preliminary plat and plans should be revised to dedicate additional right-of-way along 30th Street and/or to expand the storm water to the 100-year High Water Level (HWL) flood area. 5) Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the Northern Easement. The City must receive copies of the written permission prior to approval of the final plat. 6) Written landowner permission must be submitted as part of the final plat development applications for any off-site grading work and storm water discharges to adjacent properties. 7) The developer shall pay a cash contribution in lieu of land for park dedication equal to 10% of the fair market value of the entire parcel. 8) The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. 9) The preliminary landscape plan shall be approved by the City prior to recording of the final plat. 10) The lot width of Lot 1 shall be increased to 70 feet, and all other lot dimension and bulk requirements of the Village Urban Low Density zoning district must be met. 11) The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights as well as its proximity to the railroad and associated noise and vibration. 12) All builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 13) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. 14) Prior to recording the Final Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. 15) The Applicant shall provide a detailed site plan for Lot 7 showing the proposed house location and screening/buffering to be approved by Council and protected by a landscape easement. Passed and duly adopted this 3rd day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-212 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO SECTION 1. The City Council of the City of Lake Elmo hereby ordains the following properties to be rezoned from RS – Rural Single Family to V-LDR Village Low Density Residential: Section 13 Twp 029 Range 021. The east 460.50 feet of the west 1273.00 feet of the south 498.60 feet, and also the east 139.50 feet of the west 812.50 feet of the south 219.30 feet of the SW ¼ of Section 13, Township 29, Range 21. PID# 13.029.21.43.0001. SECTION 2. The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official Zoning Map of the City of Lake Elmo. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-212 was adopted on this __ day of _____, 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: __________________________________ Julie Johnson, City Clerk This Ordinance 08- was published on the ____ day of ___________________, 2018. STAFF REPORT DATE: July 3, 2018 ITEM #: 13 TO: City Council FROM: Lake Elmo Fire Department Truck Committee AGENDA ITEM: Approve purchase of Rescue/Engine and Equipment REVIEWED BY: Greg Malmquist, Fire Chief BACKGROUND: July 2017, the Lake Elmo Fire Department Truck Committee began developing specifications for a Rescue/Engine, while keeping the following goals in mind. •Design a vehicle to maintain efficient delivery of our current level of service, now and into the future. •Gather all of our rescue equipment onto one vehicle for efficiency. •Keep in mind that most initial responses will be with a 2 person crew, for ergonomics and efficiencies. •Combine 2 vehicles, (Engine 2 and Utility 2) into one to reduce vehicle purchase costs, maintenance costs and space needs. Also, through the process, the Truck Committee identified equipment to be purchased based on the following: •Replace equipment that has been removed from service because it exceeded its recommended life, (Air bags) •Replace current, 25 yr. old hydraulic tools that are obsolete and underpowered to meet the demands of present day vehicle extrications. •Replacement of homemade, unsafe cribbing and rescue struts with safer, more efficient items. As part of the process, the committee visited several other area FD’s with similar vehicles, to look at their trucks and discuss with those that designed and use them, recommended do’s and don’ts. Several meetings were also held with a truck manufacturer to determine what was feasible or not to build. When the Truck Committee felt they had met the goals and objectives with the design and specifications of this vehicle it was moved forward in the process. At the March 27, 2018 Public Safety Committee meeting, Chief Malmquist presented the specifications and pricing for the Rescue/Engine and equipment. The committee supported the recommendations of the Truck Committee. Due to the large expenditure, the Public Safety Committee requested a joint meeting with the City Council at a workshop to discuss the purchase and funding. At the April 10, 2018 Council Workshop the Rescue/Engine was presented and discussed. Council requested more time to review the information and forward questions to Chief Malmquist. Chief Malmquist responded to all questions and provided the requested information. During this time, Administrator Handt and Chief Malmquist discussed options moving forward. It was determined that this should be revisited by the Truck Committee, with the goal of determining funding options to get the total cost of the project, including equipment, at or below the $700,000.00 that was in the CIP for replacement of the two vehicles. The Truck committee met on May 30th to review the specifications and identify additional funding options. See attachment. ISSUE BEFORE COUNCIL: Whether or not to approve purchase of Rescue/Engine and equipment with revisions and utilization of identified alternate funding sources as presented. PROPOSAL DETAILS/ANALYSIS: The Truck Committee has identified two items on the truck that could be purchased and added at a later date as well as multiple finance options, (grants, donations, budget, sale of used trucks and used equipment) that could be used towards the purchase. FISCAL IMPACT: CIP - $700,000.00, (2018 replacement of Engine 2=$625,000.00 and 2019 replacement of Utility 2=$75,000.00) Additional funding from grants, donations, budget, sale of used equipment and sale of used vehicles. See attached. OPTIONS: 1) Move forward with purchase of Rescue/Engine and equipment. 2) Deny purchase. RECOMMENDATION: Motion: To approve purchase of Rescue/Engine and equipment, with a total cost, not to exceed $700,000.00 ATTACHMENTS: 1.Revised HGAC Pricing Contract 2.Truck Drawing 3.Revised Truck Body Specifications 4.Revised Truck Chassis Specifications 5.Revised equipment list w/costs 6.Truck Committee recap of May 30th with financing recommendations. To: City of Lake Elmo Date: 06-06-18 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: HGAC Truck Purchase Contract FS12-17 We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the City of Lake Elmo, MN, hereinafter called the BUYER and an officer of Rosenbauer Minnesota LLC, Wyoming, MN a division subsidiary of Rosenbauer America, hereinafter called the COMPANY, the following apparatus and equipment: Rosenbauer Heavy Duty EXT Rear Mount Rescue Pumper Body $425,670.00 Rosenbauer Commander 4000 Chassis $258,632.00** Discount for Apparatus Display at 2019 FDIC or 2019 MN Chiefs - $5,000.00 Deletion of Air Compressor only. Outlets and electrical remain - $1,950.00 Deletion of Entire Intercom system and Installation - $8,525.00 HGAC TOTAL … $668,827.00** Six Hundred Sixty Eight Thousand Eight Hundred Twenty Seven Dollars and 00/100. All of which are to be built in accordance with the specifications attached which are made a part of this agreement and contract. Total contract price includes required HGAC interlocal agreement fee and also apparatus familiarization class. NO ADDITIONAL TAXES OR FEES APPLY **CHASSIS IS TO BE PROGESS PAID FOR IN THE AMOUNT SHOWN ABOVE UPONS ITS COMPLETION AND ARRIVAL AT THE APPARATUS MANUFACTURERS FACILITY OR ADDITIONAL INTEREST CHARGES WILL APPLY. Delivery: The estimated delivery time for the completed apparatus, is to be made 360-390 calendar days after receipt of and approval of this contract duly executed, (Chassis must arrive within 210 days or delivery may be delayed) subject to all causes beyond the Company’s control. The quoted delivery time is based upon our receipt of the specified materials required to produce the apparatus in a timely manner. The Company can not be held responsible for delays due to Acts of God, Labor Strikes, or Changes in Governmental Regulations that result in delayed delivery to our manufacturing facilities of these specified materials. This delivery estimate is based on the Company receiving complete and accurate paperwork from the Buyer and that no major changes take place during pre-construction, mid point inspections or final inspections. Changes required or requested by the Buyer during the construction process may be cause for an increase in the number of days required to build said apparatus. Payment Terms: Final payment for the apparatus shall be made at time of final inspection and pick up / delivery of the completed vehicle. It is the responsibility of the Buyer to have full payment ready when the apparatus is complete and ready to pick up. If payment is delayed or delivery is delayed pending payment, a daily finance and storage fee may apply. Upon pick up of the apparatus by the Buyer, Buyer agrees to provide all liability and physical damage insurance. It is further agreed that if on delivery and test, any defects should develop, the Company shall be given reasonable time to correct same. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. The amount in this proposal shall remain firm for 30 days. Respectfully submitted, BUYER We accept the above Proposal and enter into contract with the signature(s) below. Sales Rep Title Sales Representative Title Date After company receipt of this document signed by the Buyer, the document will be reviewed and upon approval, countersigned by the Company putting the document in force. ROSENBAUER MINNESOTA LLC. Title Date QUOTATION General Safety Fire Apparatus LAKE ELMO 2018 HGAC RESCUE PUMPER BODY Exp. Date:03/21/2018 Quote No:10136-0050 03/12/2018 Page 1 PART NO S QTY DESCRIPTION EACH EXTENDED 1 == EXT Pmpr/Tnkr Bid Prep Forms - 108.018 01/08/18 ==0.00 0.00 1 ROSENBAUER APPARATUS SOLUTIONS - RAS - 08 JANUARY 2018 0.00 0.00 00-00-1300 1 Fire Department Name 0.00 0.00 00-00-1499 1 Overall Height Restriction, NONE 0.00 0.00 00-00-1509 1 Overall Length Restriction, NONE 0.00 0.00 00-00-1519 1 Overall Width Restriction, NONE 0.00 0.00 00-00-1529 1 Wheelbase Restriction, NONE 0.00 0.00 00-00-1539 1 Angle of Approach, NFPA Minimum, 8 Degrees 0.00 0.00 00-00-1549 1 Angle of Departure, NFPA Minimum, 8 Degrees 0.00 0.00 00-12-1100 1 Financial Stability Response 0.00 0.00 01-06-0510 1 Calculated Center of Gravity 0.00 0.00 1 == EXT Pmpr/Tnkr Warranties-BR - 108.018 01/08/18 ==0.00 0.00 01-16-0150 1 |-- Warranty, Apparatus, Body Warranty, 1 Year 0.00 0.00 01-19-0460 1 |-- Warranty, Bdy, Alum, Life-Time, Transferable 0.00 0.00 01-19-2450 1 |-- Warranty, Subframe, Lifetime Alum, Transferable 0.00 0.00 01-20-0360 1 |-- Warranty, Paint, PPG, 10 Years, EXT 0.00 0.00 01-21-0150 1 |-- Warranty, Lettering and Striping, 1 Year 0.00 0.00 01-17-0750 1 |-- Pump Warranty, Waterous, 5 Years 0.00 0.00 02-14-6250 1 Plmbg Warranty, Stnls Stl, 10 Years 0.00 0.00 01-33-3300 1 |-- Mnls, Bdy Complete, CD Compact Disc Version 129.00 129.00 01-33-5400 1 |-- Mnls, Elec, As Built Bdy, CD Compact Disc Version 317.00 317.00 1 == Use Drop Down For Chassis Options - 822.016 08/22/16 == 0.00 0.00 1 == EXT Pmpr/Tnkr - DC Elec System COMMANDERS ONLY - 108.018 01/08/18 == 0.00 0.00 56-01-1700 1 |-- Siren, Elect, Whelen 295HFS2 589.00 589.00 56-02-1600 1 |-- Spkr, F-S Dynamax, ES100C 100 Watt 340.00 340.00 56-02-1650 1 |-- Spkr Grille, Stnls Stl, "R"82.00 82.00 56-03-1300 1 |-- Spkr Lctn, Bumper, Rcsd, Right Side 76.00 76.00 56-06-0500 1 |-- Siren, F-S, Q2B-NN Mech, Bumper, Partially Rcsd, Left Side 2054.00 2054.00 56-07-1500 S < 1 |-- Siren Cntrl, F-S, Q2B, Dash Button, Center Dash 203.00 203.00 Center of dash to be accessible to driver and officer like Lake Elmo aerial 56-07-1200 S < 1 |-- Siren Brake, F-S, Q2B, Center Dash 203.00 203.00 Center of dash to be accessible to driver and officer like Lake Elmo aerial 03/12/2018 Page 2 PART NO S QTY DESCRIPTION EACH EXTENDED 57-02-1250 S < 1 |-- Lt Bar, Whelen, Ultra Freedom IV, #F4N7QLED, LED, 72" 5146.00 5146.00 Fully populated clear lens lightbar with all red lights and one clear on the driver side and all blue lights and one clear on the passenger side. All specified side, front and rear warning lights to flash in a fast random pattern 57-08-1210 S < 1 |-- Trffc Emttr, GTT Honeycomb Strobe Style Opticom, Roof Mntd, Wired to Park Brake 1651.00 1651.00 Emitter to be be strobe honeycomb style external roof mounted emitter. Same model as was supplied with Lake Elmo Viper aerial. Mounted to the driver side of the cab roof wired to be on with master warning and off with park brake 57-10-0600 1 |-- Lightbar Cntrl, with Master Warning Switch 198.00 198.00 58-71-1770 1 |-- Wrn Lts, Whelen, Upper Rr (2) M9 LED 287.00 287.00 57-20-1426 S < 1 |-- Wrn Lt, Drvr, Whelen, M9, Split Red/Red LED, Clear Lens, Ea 202.00 202.00 Split red/red 57-20-1427 < 1 |-- Wrn Lt, Offcr, Whelen, M9, Split Red/Blue LED, Clear Lens, Ea 202.00 202.00 Red inboard and blue outboard 58-01-2180 2 |-- Flange, Chrome, Wrn Lt, Whln, M9 Ea 30.00 60.00 58-46-2100 1 |-- Wrn Lts, Whelen, Upper Side Front (2) M9 LED 287.00 287.00 57-20-1426 S < 1 |-- Wrn Lt, Drvr, Whelen, M9, Split Red/Red LED, Clear Lens, Ea 202.00 202.00 Split red/red 57-20-1427 < 1 |-- Wrn Lt, Offcr, Whelen, M9, Split Red/Blue LED, Clear Lens, Ea 202.00 202.00 Red forward blue rearward 58-01-2180 2 |-- Flange, Chrome, Wrn Lt, Whln, M9 Ea 30.00 60.00 58-61-2100 1 |-- Wrn Lts, Whelen, Upper Side Rr (2) M9 LED 287.00 287.00 57-20-1426 S < 1 |-- Wrn Lt, Drvr, Whelen, M9, Split Red/Red LED, Clear Lens, Ea 202.00 202.00 Split red/red 57-20-1427 < 1 |-- Wrn Lt, Offcr, Whelen, M9, Split Red/Blue LED, Clear Lens, Ea 202.00 202.00 Red forward blue rearward 58-01-2180 2 |-- Flange, Chrome, Wrn Lt, Whln, M9 Ea 30.00 60.00 58-03-6199 1 |-- Turn Signals, Upper Wing Position, Chassis Supplied 0.00 0.00 58-03-7300 1 |-- Wrn Lts, Whelen, Inbrd Warn Lt, (2) M6 LED 287.00 287.00 57-20-1210 1 |-- Wrn Lt, Drvr, Whelen, M6, Red LED, Clear Lens, Ea 128.00 128.00 57-20-1211 1 |-- Wrn Lt, Offcr, Whelen, M6, Red LED, Clear Lens, Ea 128.00 128.00 58-01-2140 2 |-- Flange, Chrome, Wrn Lt, Whln, M6, Ea 30.00 60.00 58-03-7400 1 |-- Wrn Lts, Whelen, Outboard Warn Lt Frnt, (2) M6 LED 287.00 287.00 57-20-1210 1 |-- Wrn Lt, Drvr, Whelen, M6, Red LED, Clear Lens, Ea 128.00 128.00 03/12/2018 Page 3 PART NO S QTY DESCRIPTION EACH EXTENDED 57-20-1213 1 |-- Wrn Lt, Offcr, Whelen, M6, Blue LED, Clear Lens, Ea 128.00 128.00 58-01-2140 2 |-- Flange, Chrome, Wrn Lt, Whln, M6, Ea 30.00 60.00 58-09-2000 1 |-- Wrn Lts, Whelen, Intrsct (2) M6 LED 287.00 287.00 57-20-1226 S < 1 |-- Wrn Lt, Drvr, Whelen, M6, Split Red/Red LED, Clear Lens, Ea 156.00 156.00 Split red/red 57-20-1227 < 1 |-- Wrn Lt, Offcr, Whelen, M6, Split Red/Blue LED, Clear Lens, Ea 156.00 156.00 Red forward blue rearward 58-01-2140 2 |-- Flange, Chrome, Wrn Lt, Whln, M6, Ea 30.00 60.00 58-16-2100 1 |-- Wrn Lts, Whelen, Lwr Mid Chassis (2) M6 LED 287.00 287.00 57-20-1226 S < 1 |-- Wrn Lt, Drvr, Whelen, M6, Split Red/Red LED, Clear Lens, Ea 156.00 156.00 Split red/red 57-20-1227 < 1 |-- Wrn Lt, Offcr, Whelen, M6, Split Red/Blue LED, Clear Lens, Ea 156.00 156.00 Red forward blue rearward 58-01-2140 2 |-- Flange, Chrome, Wrn Lt, Whln, M6, Ea 30.00 60.00 58-26-2000 1 |-- Wrn Lts, Whelen, Low Mid Bdy (2) M6 LED 287.00 287.00 57-20-1226 S < 1 |-- Wrn Lt, Drvr, Whelen, M6, Split Red/Red LED, Clear Lens, Ea 156.00 156.00 Split red/red 57-20-1227 < 1 |-- Wrn Lt, Offcr, Whelen, M6, Split Red/Blue LED, Clear Lens, Ea 156.00 156.00 Red forward blue rearward 58-01-2140 2 |-- Flange, Chrome, Wrn Lt, Whln, M6, Ea 30.00 60.00 58-36-2600 S < 1 |-- Sound Off nLineTracers In Rub Rail 2113.00 2113.00 SoundOff nLine tracer style running lights shall be installed in the rub rail of the apparatus. The following lights shall be installed: One (1) pair of 48" nLine lights shall be installed below the L4 and R4 compartments. One (1) pair of 72" nLine lights shall be installed below the L1/L2 and R1/R2 compartments. The lights shall have a Red (driver side) Red/Blue (passenger side) light pattern to each light and shall be wired with the remaining apparatus lighting through the VMUX similar to Roseville Crossfire. 58-81-2000 1 |-- Wrn Lts, Whelen, Low Rr (2) M6 LED 287.00 287.00 57-20-1226 S < 1 |-- Wrn Lt, Drvr, Whelen, M6, Split Red/Red LED, Clear Lens, Ea 156.00 156.00 Split red/red 57-20-1227 < 1 |-- Wrn Lt, Offcr, Whelen, M6, Split Red/Blue LED, Clear Lens, Ea 156.00 156.00 Red outboard blue inboard 03/12/2018 Page 4 PART NO S QTY DESCRIPTION EACH EXTENDED 50-08-1000 1 Elecal, Base, Multi-Plex, Weldon V-MUX Bdy 6247.00 6247.00 55-11-1100 1 |-- Dr Open/Hazard Wrn Lt, w/Chassis 0.00 0.00 55-13-1065 1 |-- V-MUX Dr Open, Isolation, Body Main Cmpt Doors, On Vista Screen w/Accessories 1397.00 1397.00 50-12-1092 1 Swtch Panel, Multiplex, Chassis Supplied 0.00 0.00 50-15-3100 1 Battery Swtch, Mstr Disconnect , Chs Sppld 0.00 0.00 50-20-2100 1 Shore Power Transfer Swtch, 120V, 30Amp 882.00 882.00 50-41-6100 1 Air Horns (2) 24" Round Grover Stutter Tone 653.00 653.00 50-41-8140 1 Air Horn Location (2) Recess Mounted, Outboard, 1 Ea Side 0.00 0.00 50-43-1000 1 Air Horn Cntrls 0.00 0.00 50-43-2000 1 |-- Air Horn Cntrl, Driver, Horn Ring, Air/Elec 254.00 254.00 50-43-2300 S < 1 |-- Air Horn Cntrl, Center, Sgle Dash Swtch 205.00 205.00 Center of dash so accessible to driver and officer in same location as Lake Elmo aerial 51-05-6290 1 Lt, Engine Cmpt, Chassis Supl'd 0.00 0.00 51-05-6400 2 Lt, Pump Cmpt, 12 Volt LED With Swtch 173.00 346.00 51-05-9000 2 |-- Switch on Light Head 0.00 0.00 51-20-3100 1 |-- Fldlt, Mntg Lctn, Front Edge Of Cab Roof 109.00 109.00 51-15-4186 < 1 |-- Fldlt, Fire Research, Spectra SPA800-Q28, 28,000 Lmns, Contour Brow Mnt 1873.00 1873.00 Black bezel 54-15-6002 1 |-- Scene Lt Swtch , Front Scene Lts, Cab Switch Panel 96.00 96.00 52-01-1100 1 Back Up Alarm, w/Chassis 0.00 0.00 52-02-1110 S < 1 Back Up Camera, Install Chassis Supl'd, EXT 172.00 172.00 Back up camera to be tied to both Vistas but will only come on automatically on the driver side. Officer will have to access through the menu on the officer side Vista. 52-08-1300 < 4 |-- HandLt, Survivor LED, Orange, w/ 12V Chrgr (#90509)302.00 1208.00 Located in cab in same location as Lake Elmo aerial 52-08-2300 1 |-- HandLt Install Lctn, Cab, Define 0.00 0.00 52-10-3201 S < 1 Intercom System, FireCom 5200D Wireless (Dual Radio)1979.00 1979.00 Intercom system to be set up to be wireless for driver and officer radio transmit and intercom. Rear crew positions (2) to be wired intercom only. 52-10-3290 4 |-- Hanger Hook - Headset 39.00 156.00 52-10-3310 2 |-- Headset, Wireless, Intercom w/Transmit, Firecom, UHW505 1182.00 2364.00 52-10-3320 S < 2 |-- Headset, Wired Intercom, Intercom Only, Firecom,1156.00 2312.00 Two (2) headsets for rear crew positions to be wired headsets. Intercom only. 52-10-3350 S < 1 |-- Base Station, Wireless Driver and Officer and Wired for Rear Crew 1714.00 1714.00 Driver and Officer to be wireless and wired for the crew area 52-15-1700 1 Radio, Fire, Install Cstmer Supl'd 974.00 974.00 51-00-1700 1 |-- 12V Power/Ground, 30A, Radio Lctn 321.00 321.00 51-00-4000 1 |-- Switched Power, Thru Master 0.00 0.00 03/12/2018 Page 5 PART NO S QTY DESCRIPTION EACH EXTENDED 52-15-1500 1 |-- Radio Spkr, Fire, Install Cstmer Supl'd, Ea 318.00 318.00 52-15-1800 < 1 |-- Radio, Fire, Remote Head, Install Cstmer Supl'd 196.00 196.00 Located at pump panel 53-01-1200 1 Marker Lts, LED, DOT Requirements 195.00 195.00 53-02-1250 1 License Plate Brkt, Cast Prdts, LP0005-1-C w/ LED Lt 211.00 211.00 53-03-0065 1 Whelen Rr DOT LED Ltng Pkg M6 97.00 97.00 53-03-2750 1 |-- Tail/Brake Lts, Whelen, LED, M6 (Pair)273.00 273.00 53-04-2750 1 |-- Turn Signals, Whelen, LED w/ Arrow, M6 (Pair)243.00 243.00 53-06-3550 1 |-- Backup Lts, Whelen, LED, M6 (Pair)333.00 333.00 53-07-1210 1 |-- Tail Lt Bezel, 4 Lts, Whln M6 (Pair), ABS Chrome 401.00 401.00 53-05-1800 1 Turn Signals, Mid Bdy, LED Marker Lt (Pair)102.00 102.00 54-02-1100 1 |-- Ground Lts, Cab, Supl'd w/Custom Chassis 0.00 0.00 54-03-1220 1 |-- Ground Lts, Pump Panel, LED, Pr Whelen 3SC0CDCR 239.00 239.00 54-03-1420 1 |-- Ground Lts, Mid Body, LED, Whelen 3SC0CDCR, Pair 239.00 239.00 54-03-1620 1 |-- Ground Lts, Rr Step, LED, Whelen 3SC0CDCR, Pair 239.00 239.00 54-03-1820 1 |-- Ground Lts, Bhnd Rr Wheels, LED, Whelen 3SC0CDCR, Pair 239.00 239.00 54-04-1999 1 |-- Lt Swtch , Ground Lts w/ Park Brake 0.00 0.00 54-10-1450 2 Step Lt, Rr Tailboard, LED, Ea 58.00 116.00 54-11-1300 < 6 Wlkwy Lt, Roof, LED, Ea 58.00 348.00 Three (3) each side of walkway 54-11-2100 1 Lt Swtch , Step/Wlkwy Lts Wired Park Brake Swtch 0.00 0.00 54-15-4610 S 6 Scene Lt, Fire Research, Spectra MAX, LED SPA260-Q20, Surface Mount 1432.00 8592.00 54-15-5100 1 |-- Scene Lt Lctn, Left Side Of Cab 76.00 76.00 54-15-5200 1 |-- Scene Lt Lctn, Right Side Of Cab 76.00 76.00 54-15-5500 2 |-- Scene Lt Lctn, Left Side Of Bdy 0.00 0.00 54-15-5600 2 |-- Scene Lt Lctn, Right Side Of Bdy 0.00 0.00 54-15-6494 1 |-- 3-Way Cntrl Swtch, Left Scene Lts, Driver & Officer VISTA/Pmp Pnl 269.00 269.00 54-15-6594 1 |-- 3-Way Cntrl Swtch, Right Scene Lts, Driver & Officer VISTA/Pmp Pnl 269.00 269.00 54-15-1290 2 |-- Scene Lt, Whelen, M9LZC LED, w/Chr trim ring 579.00 1158.00 54-15-5700 2 |-- Scene Lt Lctn, Rr Of Bdy 0.00 0.00 54-15-6694 1 |-- 3-Way Cntrl Swtch, Rr Scene Lts, Driver & Officer VISTA/Pmp Pnl 269.00 269.00 54-15-6700 1 |-- Scene Lt Swtch , Rr Scene Lts, Auto w/ Reverse 116.00 116.00 59-01-0000 1 Miscellaneous Wrn Lts 0.00 0.00 59-02-1110 1 |-- Roto Ray Lt, Red-Clear-Blue, LED 2022.00 2022.00 1 == EXT SA Pmpr/Tnkr Chassis Modifictns - 108.018 01/08/18 == 0.00 0.00 10-01-1100 1 Vehicle Dimensions, Sngl Axle 0.00 0.00 10-02-1100 1 Label, Data, Fluid Levels 47.00 47.00 10-02-1200 1 Label, Data, Height x Length, Weight 47.00 47.00 10-02-1300 1 Label, Data, "No Ride" Rr Step 47.00 47.00 10-02-1400 1 Label, Data, Tire Pressure 47.00 47.00 10-02-2100 1 Label, Indicating Number of Seats 47.00 47.00 10-02-2500 1 Label, "Caution: Do Not Wear Helmet While Seated"47.00 47.00 10-03-3102 1 Tow Devices, Supplied & Shipped Loose w/ Chassis, Install (Pair) 76.00 76.00 10-03-6020 1 Tow Plates (2), Rr Frame Rail, Under Step, 3/4"x3"ID 179.00 179.00 03/12/2018 Page 6 PART NO S QTY DESCRIPTION EACH EXTENDED 80-43-2400 1 |-- Painting, Tow Plates, Blk 0.00 0.00 10-04-0420 1 |-- Front Bumpers, 4000, 2-Rib S/S 12"H, S/S Wings 0.00 0.00 10-05-4228 1 |-- Frnt Bmpr, 4000, 2-Rib S/S 12"H, T/P Apron, S/S Wings, 28" Extnsn 2283.00 2283.00 10-04-2710 1 |-- Bumper Cmpt, Center, Reel Compt 579.00 579.00 10-04-3160 S < 1 |-- Bumper Cmpt Door, Alum T/P, Raised Style 209.00 209.00 Lid slightly larger than reel so that it can also cover the right side of reel discharge swivel and also the left side of reel compressor air outlet. 10-04-3225 1 |-- Bmpr Cmpt Lt, OSS Nt Axe 18" LED, Auto, w/Dr Opn Indctr, Ea 279.00 279.00 10-04-3460 2 |-- Bumper Compt Door Gas Shock 96.00 192.00 10-06-1110 1 Whl Trim, S/S Hub/Lug Cvrs, Front/Rr, Sngl Axle 386.00 386.00 10-06-1602 1 Tire Pressure Indicator, Sngl Axle, Commanderm p/n RWTG1235 180.00 180.00 10-07-0100 1 |-- Exhaust Supplied With Chassis 0.00 0.00 10-08-2100 1 Mud Flaps, Rr Whls, Blk, w/ Bdy 191.00 191.00 10-13-1199 S 1 |-- Motors Supl'd Frame Work for Full Height/Width compt w/roll up doors 0.00 0.00 10-13-4200 1 |-- Binder Storage Module, Cab, Custom Chassis, Rear Engine Tunnel, Three (3) 2" 360.00 360.00 10-13-3540 1 |-- Exterior Finish, Cabinet, To Match Cab Interior 287.00 287.00 10-13-3550 1 |-- Interior Finish, Cabinet, Natural 0.00 0.00 44-40-1500 S < 1 |-- Ventilation System, Sabre-Vent, 120V Pwrd, Rear Interior Cab Compt 2300.00 2300.00 A powerful Sabre vent power compartment ventilation system shall be provided to circulate air through the entire rear cab wall gear compartment. The system shall consist of 120 volt AC powered fans to circulate and force fresh air into and out of the compartment with a 24 hour adjustable timer to control all of the ventilation fans. The compartment ventilation fans shall be connected to the shoreline power system and shall pull fresh air from the exterior of the compartment(s) and circulate air out of the compartment(s) as well. 10-18-6000 1 Cab Tilt Control, Cstm, Left Front Cmpt or Pump Panel 297.00 297.00 1 == EXT Rear Mount Pumper Pump&Plumbing - 108.018 01/08/18 == 0.00 0.00 20-24-2200 1 |-- Pump, Waterous, CXK/C20, 1 Stage, Rr Mt 0.00 0.00 20-24-2120 S 1 |-- Pump Flow Rtng, Waterous, CXK/C20, 1250 GPM, RM 35798.00 35798.00 22-30-4302 1 |-- Intk, Mstr, Gtd, 6" NST, 6" ELK Elec Vlv, Rr Ctr - Rr Mt, UBEC1 Cntrl 3720.00 3720.00 21-01-2500 1 |-- Drain/Bleeder, IC Lift-Up, Mnl 1/4 Turn 118.00 118.00 22-40-7920 1 |-- Adptr, Color Coded, 30 Deg, 6"F x 5" Storz 172.00 172.00 22-41-7220 1 |-- Cap, 5" Storz, Color Coded, Lckng, w/Chain or Cable 85.00 85.00 20-26-2200 1 |-- Pump Seal, Mech, Waterous 419.00 419.00 20-26-2400 1 |-- Pump Impeller, Waterous, Flame Plated Hubs 415.00 415.00 20-26-2600 1 |-- Pump Anode, Waterous, Removable 238.00 238.00 20-26-3050 < 1 |-- Pump Manufacturer's Pneumatic Pump Shift 914.00 914.00 Waterous air/air located on driver side of center Havis console 20-26-4400 1 |-- Pump Primer, Waterous, VPO, Oil Less, Elec, Push Button 1565.00 1565.00 03/12/2018 Page 7 PART NO S QTY DESCRIPTION EACH EXTENDED 27-10-3400 1 |-- Pressure Gvrnr, FRC, In-Cntrl, w/Bdy, TGA300 2919.00 2919.00 1 STAINLESS STEEL PUMP PLUMBING *0.00 0.00 21-00-2000 1 |-- Screens/Anodes, Pump 144.00 144.00 21-00-3300 1 |-- Piping, Stnls Stl - 1250 GPM & Up 794.00 794.00 21-01-0200 1 |-- Pump Drain, Master, Manifold, Push Pull Type 344.00 344.00 21-01-5500 1 |-- Intk Manifold, Stnls Stl 728.00 728.00 21-01-6500 1 |-- Dschg Manifold, Stnls Stl 728.00 728.00 21-01-7100 1 |-- Painting, Pump & Piping, Silver 648.00 648.00 21-01-8100 1 |-- Threads, National Hose (NST)0.00 0.00 22-51-5400 1 |-- Tank-To-Pump, Water Tank, 3" Vlv/4" Piping, Rr Mt 1411.00 1411.00 22-50-0100 1 |-- Single Tank to Pump Control - Pump Operator's Panel 0.00 0.00 24-62-2320 1 |-- Vlv Mfger, ELK, (3"), Electric 1248.00 1248.00 22-55-5800 1 |-- Intk Vlv Cntrl, ELK, 3" Elec, UBEC1 721.00 721.00 23-02-1300 1 |-- Tank Fill/Cooling Line, Water Tank, 2"499.00 499.00 24-62-2220 1 |-- Vlv Mfger, ELK, (2"), Electric 1062.00 1062.00 22-55-5600 1 |-- Intk Vlv Cntrl, ELK, 2" Elec, UBEC1 721.00 721.00 20-30-3500 1 |-- Pump Instln, Rr Mt Split-Shaft, By Bdy Bldr 4589.00 4589.00 20-31-1000 1 Fire Pump Testing - Pumpers/Tankers 0.00 0.00 20-31-1100 1 |-- Pump Test, Pumper, UL 1208.00 1208.00 20-31-1500 1 |-- Pump Test, Label 82.00 82.00 20-31-3200 1 Dump-Relief Vlv, Suction Side, ELK #40, NST 732.00 732.00 20-31-4110 1 Pump Cooler, Bypass-To-Tank, 3/8", IC Mini-Twist Handle 226.00 226.00 20-31-5110 1 Heat Exchanger, Engine, Hook-Up Only, IC Mini-Twist Handle 218.00 218.00 22-30-1100 1 Intk, Gtd, 2-1/2", Rr Left Side, Rr Mt 831.00 831.00 21-01-2502 1 |-- Drain/Bleeder, IC Lift-Up, Mnl 1/4 Turn - Spec Only 118.00 118.00 22-41-1120 1 |-- Plug, 2-1/2", Color Coded, Rocker Lug, w/Chain 54.00 54.00 24-62-2250 1 |-- Vlv Mfger, ELK (2-1/2"), Manual, Swing Type, Adjacent Control 244.00 244.00 22-55-5020 1 |-- Intk Vlv Cntrl, ELK, Mnl Swing Type-Adjacent 176.00 176.00 23-14-4200 < 1 |-- Dschg, 2-1/2", Front RH Bumper, Swivel, NST 2905.00 2905.00 No hosewell, just plumbed up next to the right of the hose reel under the raised lid reduced down to 1 1/2" 21-01-2200 1 |-- Drain/Bleeder, Class 1, Automatic 116.00 116.00 23-05-9200 1 |-- Hose Connection, Abv Frnt Bmpr, Swivel 0.00 0.00 24-01-2400 1 |-- Adptr, Reducing, 2-1/2" NST F x 1-1/2" NST M, Chrome 72.00 72.00 24-61-2270 1 |-- Vlv Mfger, ELK, (2-1/2"), Electric 1067.00 1067.00 24-54-3120 1 |-- Vlv Cntrl, ELK, 2-1/2" Elec UBEC2 Pres Mtr 1218.00 1218.00 27-03-9100 1 |-- Meter, Pressure, English, PSI 0.00 0.00 23-16-1100 S < 1 |-- Speedlay Dschg, (1) 1-1/2", Front of Bdy, NST 2370.00 2370.00 In addition to the one (1) plumbed speedlay there will be a 2 1/2" deadlay hose tray cartridge located ahead of the 1 3/4" speedlay. This hose cartridge is to have capacity for 300' of 2 1/2" hose. There will be no plumbing for this 2 1/2" hose tray. 21-01-2202 1 |-- Drain/Bleeder, Class 1, Automatic - Spec Only 116.00 116.00 23-16-8100 < 3 |-- Speedlay, 1-3/4", Removable Hose Tray, Alum 325.00 975.00 Single stack hose tray for 150' of 1 3/4" hose with 1 spare tray for it. The third cartridge is for the specified 2 1/2" deadlay. No 03/12/2018 Page 8 PART NO S QTY DESCRIPTION EACH EXTENDED spare tray is desired for this deadlay so a total of three trays. 24-61-2220 1 |-- Vlv Mfger, ELK, (2"), Electric 1024.00 1024.00 24-54-3020 1 |-- Vlv Cntrl, ELK, 2" Elec UBEC2 Pres Mtr 1218.00 1218.00 27-03-9100 1 |-- Meter, Pressure, English, PSI 0.00 0.00 23-16-2100 S < 1 |-- Speedlay Deadlay for 2-1/2" Hose, Ahead of 1 1/2" Speedlay 882.00 882.00 This is to be a deadlay ahead of the 1 1/2" speedlay with no plumbing 23-20-2100 1 Dschg, 2-1/2", Rr Center Pump Panel, Left Side, NST 916.00 916.00 21-01-2500 1 |-- Drain/Bleeder, IC Lift-Up, Mnl 1/4 Turn 118.00 118.00 24-02-1212 1 |-- Elbow, 2-1/2"F x 2-1/2" NST M, Color Coded 136.00 136.00 24-03-1420 1 |-- Cap, 2-1/2", NST Color Coded, Rocker Lug, w/Chain 51.00 51.00 24-61-2270 1 |-- Vlv Mfger, ELK, (2-1/2"), Electric 1067.00 1067.00 24-54-3120 1 |-- Vlv Cntrl, ELK, 2-1/2" Elec UBEC2 Pres Mtr 1218.00 1218.00 27-03-9100 1 |-- Meter, Pressure, English, PSI 0.00 0.00 23-20-3200 S < 1 Dschg, 3", Rr Center Pump Panel, Center, NST 1116.00 1116.00 Center 21-01-2500 1 |-- Drain/Bleeder, IC Lift-Up, Mnl 1/4 Turn 118.00 118.00 24-02-2520 1 |-- Elbow, Color Coded, 5" Storz x 3"F 159.00 159.00 24-03-2220 1 |-- Cap, Color Coded, 5" Storz, w/Cable 85.00 85.00 24-61-2320 1 |-- Vlv Mfger, ELK, (3"), Electric 1209.00 1209.00 24-54-3220 1 |-- Vlv Cntrl, ELK, 3" Elec UBEC2 Pres Mtr 1218.00 1218.00 27-03-9100 1 |-- Meter, Pressure, English, PSI 0.00 0.00 23-20-2300 1 Dschg, 2-1/2", Rr Center Pump Panel, Right Side, NST 916.00 916.00 21-01-2500 1 |-- Drain/Bleeder, IC Lift-Up, Mnl 1/4 Turn 118.00 118.00 24-02-1212 1 |-- Elbow, 2-1/2"F x 2-1/2" NST M, Color Coded 136.00 136.00 24-03-1420 1 |-- Cap, 2-1/2", NST Color Coded, Rocker Lug, w/Chain 51.00 51.00 24-61-2270 1 |-- Vlv Mfger, ELK, (2-1/2"), Electric 1067.00 1067.00 24-54-3120 1 |-- Vlv Cntrl, ELK, 2-1/2" Elec UBEC2 Pres Mtr 1218.00 1218.00 27-03-9100 1 |-- Meter, Pressure, English, PSI 0.00 0.00 24-30-5800 < 1 |-- Hose Reel, HAN, Frnt Bmpr, Alum 2437.00 2437.00 Reel cover is specified in bumper modification section 24-31-2100 1 |-- Hose Reel, Rwnd Cntrl, Weatherproof Push Button 109.00 109.00 24-32-1600 1 |-- Dschg, Hose Reel, 2"638.00 638.00 21-01-2500 1 |-- Drain/Bleeder, IC Lift-Up, Mnl 1/4 Turn 118.00 118.00 24-32-1700 1 |-- Dschg, Hose Reel, Plmbd to Normal Pressure 0.00 0.00 24-61-2220 1 |-- Vlv Mfger, ELK, (2"), Electric 1024.00 1024.00 24-54-3020 1 |-- Vlv Cntrl, ELK, 2" Elec UBEC2 Pres Mtr 1218.00 1218.00 27-03-9100 1 |-- Meter, Pressure, English, PSI 0.00 0.00 24-33-1500 S < 2 |-- Hose, Water, Neidner Reel-Tex, 1 1/2" x 50-ft 532.00 1064.00 100' of Neidner Reel-Tex 1 1/2" hose in 50' lengths 24-33-8000 1 |-- Nzl, Mtg, Hose Reel 84.00 84.00 24-33-9080 1 |-- Roller, Hose Reel, Front 267.00 267.00 27-37-3150 1 |-- Air Blow Out, Hose Reel, Chassis Air, Mnl 1/4 Turn Vlv 416.00 416.00 25-06-3100 1 |-- Foam Sys, F/PRO 2001, Cls A/B, 2.6G, 12V S105-2001 9772.00 9772.00 25-20-1200 1 |-- Foam Plmbg, Sngl Class A Tank, 1" Mnl Vlv 149.00 149.00 25-21-1500 1 |-- Foam Tank, Intgrl Poly, 30 Gal, Class A 702.00 702.00 25-22-9300 1 |-- Foam Tank, UPF 0.00 0.00 25-23-1000 1 |-- Foam Tank Drain, 1" Gate Vlv, Under Tank 225.00 225.00 27-36-1100 1 |-- Foam Tank Gauge, FRC TankVision Pro 300, Class A, Pump Panel #WLA360-A00 684.00 684.00 25-19-9000 1 |-- Foam System, NFPA #1901, Install Standards 0.00 0.00 03/12/2018 Page 9 PART NO S QTY DESCRIPTION EACH EXTENDED 1 == EXT Rear Mount Pumper Pump Cmpt - 108.018 01/08/18 == 0.00 0.00 26-40-1500 S < 1 Pump Enclsr, Specs, Rr Mt, EXT 10579.00 10579.00 The rear pump / panel is to be located set back behind the rear of body roll up door. 26-40-2200 1 |-- Pump Panel Lctn, Rr Mt, LH Side Bhnd Rr Whls 1649.00 1649.00 26-40-4300 1 |-- Pump Cntrl Panel Enc Door, Rr Mt, Left Side, Roll Up 0.00 0.00 26-40-3900 1 Pump Cntrl Panel, Rr Mt, LogicColor 1106.00 1106.00 26-40-5100 1 Pump Access Dr, Rr Mt, Upper Rr, Stnls Stl 923.00 923.00 26-40-5500 S < 1 Lower Pump Access Panel, Rr Mt, Thumb Latches 354.00 354.00 The lower portion of the rear center pump panel shall be removable with thumb latches when the elbows, adaptors and caps etc. are removed. 26-50-1200 < 1 Heater, Pump Enc, 30,000BTU, w/Swtch on Pmp Oprtr's Pnl 529.00 529.00 Seal up pump area underneath as best possible for heat retention. 26-50-3300 1 Heat Pan, Pump Enc, Rr Mnt, Removable 1149.00 1149.00 26-55-1100 1 Labels, Test Data and Safety Placards 82.00 82.00 26-55-2410 1 Labels, IC Color Coded, EXT 400.00 400.00 26-56-1430 1 Pump Panel Lts (2), Rr Mt, (2) Grote #01-61F8-70 Low Profile, LED 133.00 133.00 26-56-2000 1 Pump Panel Lt (1), Actuated w/Pump Engagement 109.00 109.00 27-01-2500 1 |-- Mstr Gauges, IC, 6" PSI, Pr 718.00 718.00 27-01-4100 1 Gauge, Test Taps 65.00 65.00 27-35-1100 1 Water Tank Gauge, FRC, TankVision Pro 300, Pump Panel WLA300-A00 547.00 547.00 27-37-1100 1 Air Horn, Push Button, Pump Panel 192.00 192.00 1 == EXT HLFD / HRFD SA Rear Mount Pmpr - 108.018 01/08/18 == 0.00 0.00 25-28-1160 S 1 Water Tank, 750 Gal, Pmpr/Tnkr , Poly, Rect 10911.00 10911.00 25-42-1100 1 |-- Water Tank, Base Specs, Poly 0.00 0.00 25-42-1200 1 |-- Water Tank, Manufacturer, UPF, Poly 0.00 0.00 25-44-1700 1 |-- Water Tank, Fill Tower, 10" x 10", EXT 0.00 0.00 25-50-1400 1 |-- Water Tank Clean-out & Plug, 3"0.00 0.00 29-00-2120 S 1 Hosebed, Pmpr, >168" L, HD, 39" Wide - EXT 1286.00 1286.00 29-10-2050 1 Hosebed, Grating, Extrd Alum, >168" Long - EXT 0.00 0.00 29-10-5020 1 Hosebed Storage Cpcty, EXT 0.00 0.00 29-10-5090 1 |-- Hosebed, Strge Cpcty, 30 Cubic Feet, Minimum 0.00 0.00 29-10-6000 5 |-- Hosebed, Strge Cpcty 5" LDH SJ Rubber (100-ft)0.00 0.00 29-10-8550 S 1 Hosebed, Partition, Front of Hosebed, Less than 48" - EXT 274.00 274.00 29-20-6450 S < 1 Hosebed Cvr, Alum T/P, >168" L, 37-48" Wide - EXT 3616.00 3616.00 The hosebed cover will be a single hinged cover hinged on the driver side with breaks as necessary for reinforcement and also reinforcements under the cover as it will serve as both a walk way and hosebed cover. Heavy gas assist shocks will be provided to make it easy for one person to lift the walkway/cover from the rear of the truck via the handrail mounted on the rear of it. 03/12/2018 Page 10 PART NO S QTY DESCRIPTION EACH EXTENDED 29-20-6650 1 |-- Mnl Operation, Hosebed Cvr, Alum T/P 0.00 0.00 29-20-7325 2 |-- Hsbd Cvr Lt, OSS Access, 36" LED Tube Lt, Ea 160.00 320.00 29-20-7800 S < 1 |-- Rr Heavy Duty D&S Vinyl Flaps with Chevron for Alum Cvr 274.00 274.00 D&S brand vinyl flap with red/green amber weighted at the bottom and also provided with easy access retention stretch cords and hooks. 29-20-5604 1 |-- Vinyl Color, CUSTOM COLOR 0.00 0.00 30-01-2020 S 1 Bdy Const - Rosenbauer EXT - SA RrMt Pumper 27943.00 27943.00 30-01-2250 1 |-- Electrolysis Corrosion Cntrl 102.00 102.00 30-01-3460 1 |-- Side Body Height, EXT-SA RrMt Pmpr, 106" (Commander 24" RR) 6372.00 6372.00 30-02-1920 1 |-- Side Body Header, Alum, Pntd, Sngl Axle, EXT 1129.00 1129.00 44-05-1200 1 |-- Whl Well Panel, Alum, Pntd, Sngl Axle 870.00 870.00 44-06-4320 1 |-- Fenderette, Polished Stainless Steel, EXT 476.00 476.00 30-10-1520 1 |-- Sub-Frame, EXT, SA RrMt Pmpr 3153.00 3153.00 31-01-6072 S 1 100" OAW, 24" Full Dpth Bth Sides, Trnsvrs Frnt, HL/HR 1399.00 1399.00 31-01-6434 S 1 Pntd Roll Up Drs, Outside Cmpt, HL/HR, 242" RrMt Bdy 3647.00 3647.00 30-02-1600 1 |-- Drs, Roll-Up, Outside Cmpt, Specs, EXT 0.00 0.00 30-02-1260 7 |-- Dr Strap, EZ-Pull Down, Ea 49.00 343.00 31-01-6400 S 1 |-- Bdy, Rosenbauer EXT, RrMt Pmpr , 228"16393.00 16393.00 32-05-4200 S 1 |-- Cmpt Height, 106" High Left, High Side, RrMt Pmpr 4996.00 4996.00 32-05-6984 S 1 |-- Ahd Rr Whls, 48"/54" Two (2) Full Ht Cmpts, Pntd RUO Cmpt 524.00 524.00 32-05-5262 S < 1 |-- Frnt of Bdy-48" Full Ht Compt-Pntd Roll Up Outside Compt 1889.00 1889.00 Horizontal transverse Stokes, backboards and Little Giant ladder mounts are in the upper rearward portion of this L1 compartment and R1 compartment and specified later herein. 44-40-1020 2 |-- Vents, Compts, Louvers (Ea)37.00 74.00 45-15-1200 S < 1 |-- Divider, Vert, Bolt-In, 3/16" Alum 392.00 392.00 Vertical divider to be full width of chassis frame rails and set back 21" from forward wall just ahead of speedlays to be provided proper retention for department supplied ice sled. 45-30-1700 1 |-- Turtle Tile, Floor, Cmpt, Frnt of Bdy (1/4 depth)104.00 104.00 55-01-3390 1 |-- Cmpt Lt, Wall, OSS Access, 54" LED Tube Lt, (2) Ea Cmpt 382.00 382.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 32-05-6262 S < 1 |-- Ahd Rr Whls-54" Full Ht Compt-Pntd Roll Up Outside Compt 2069.00 2069.00 54" 44-40-1020 2 |-- Vents, Compts, Louvers (Ea)37.00 74.00 45-02-4100 < 2 |-- Shelf, Adjust, Alum 3/16", EXT 200.00 400.00 Ahead of vertical divider 45-30-1125 2 |-- Turtle Tile, Shelves/Trays, 1/4 Depth, (each)104.00 208.00 45-06-2100 S < 1 |-- Slide Tray, 500#, Alum 3/16" (1/4 Dpth), EXT 685.00 685.00 Slidemaster tray as wide as possible on floor ahead of vertical divider. Tray will have lip broken down on the front of it as department will be mounting their own supplied tool box on this slide out. 03/12/2018 Page 11 PART NO S QTY DESCRIPTION EACH EXTENDED 80-76-0110 1 |-- Reflective Stripe, Red/White, Trays/Toolboards, Ea 45.00 45.00 45-15-1200 < 1 |-- Divider, Vert, Bolt-In, 3/16" Alum 227.00 227.00 Set back 35" from forward wall 45-19-3400 < 1 |-- GearGrid, Roll Out, Tool Grid 1643.00 1643.00 in rearward portion of compartment 45-26-5200 S < 3 |-- Strge Box, Poly Plastic, 11"W x 8"D x 22"L 254.00 762.00 (3) 11"W x 8"D x 22"L to fit on upper shelf 45-26-5700 S < 1 |-- Strge Box, Poly Plastic, 33"W x 10"D x 22"L 303.00 303.00 33"W x 10"D x 22"L Sized to fit on lower shelf 55-01-3390 1 |-- Cmpt Lt, Wall, OSS Access, 54" LED Tube Lt, (2) Ea Cmpt 382.00 382.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 32-05-7053 1 |-- Abv Rr Whls-60" Sngl Cmpt, No Hyd Rack-Pntd RU Outside Cmpt 1565.00 1565.00 44-40-1020 2 |-- Vents, Compts, Louvers (Ea)37.00 74.00 45-02-4100 1 |-- Shelf, Adjust, Alum 3/16", EXT 200.00 200.00 45-30-1125 1 |-- Turtle Tile, Shelves/Trays, 1/4 Depth, (each)104.00 104.00 45-15-1200 1 |-- Divider, Vert, Bolt-In, 3/16" Alum 227.00 227.00 45-30-1900 1 |-- Turtle Tile, Floor, Cmpt, Uppr Hgh Sde (up to 1/4 depth) 116.00 116.00 55-01-3370 1 |-- Cmpt Lt, Wall, OSS Access, 30" LED Tube Lt, (2) Ea Cmpt 235.00 235.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 32-05-8162 S < 1 |-- Bhd Rr Whls-60" Full Ht Cmpt-Pntd Roll Up Outside 2011.00 2011.00 60" 44-40-1020 2 |-- Vents, Compts, Louvers (Ea)37.00 74.00 45-26-7000 < 1 |-- === C-Tech Storage Modules ===0.00 0.00 The selected width of the module must be at least 1" less than the width available within the compartment. The sum of the drawer heights must be at least 2-1/2" less than the height available within the compartment. Specify drawer heights in order from top to bottom. Do Not change the quantity of drawer height options. 45-26-7320 S 1 |-- Mobile Storage System, C-Tech, 2-Drwr, 18"-26"D x 50"W 2253.00 2253.00 45-26-7844 S 1 |-- Module Width, 50"0.00 0.00 45-26-7970 2 |-- Drawer Ht, 10"0.00 0.00 55-01-3390 1 |-- Cmpt Lt, Wall, OSS Access, 54" LED Tube Lt, (2) Ea Cmpt 382.00 382.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 32-06-4200 S 1 |-- Cmpt Height, 106" High Right, High Side, RrMt Pmpr 4996.00 4996.00 32-06-6984 S 1 |-- Ahd Rr Whls, 48"/54", Two (2) Full Ht Cmpts, Pntd RUO Cmpt 524.00 524.00 32-06-5262 S < 1 |-- Frnt of Bdy-48" Full Ht Compt-Pntd Roll Up Outside Compt 1889.00 1889.00 48" 03/12/2018 Page 12 PART NO S QTY DESCRIPTION EACH EXTENDED 44-40-1020 2 |-- Vents, Compts, Louvers (Ea)37.00 74.00 45-05-4100 S < 1 |-- Slide Out Floor Dry Hopper 974.00 974.00 Slide out floor dry hopper provided on floor in forward portion of compartment to fit just under forward transverse area and partially under forward speedlay. Hopper to be 24" wide and full depth. Designed identical to Oakdale Commander engine floor dry hopper. 80-76-0110 1 |-- Reflective Stripe, Red/White, Trays/Toolboards, Ea 45.00 45.00 45-25-1500 < 1 |-- Backboard Mtg, (2)Horz, With Runners 592.00 592.00 Transverse with retention straps each side. 45-25-5200 < 1 |-- Stokes Basket Mtg, Horz 592.00 592.00 Transverse with retention straps each side. 45-25-5500 S < 1 |-- Little Giant Ladder Mtg, Horz 592.00 592.00 Transverse with retention straps each side for Little Giant ladder. 45-30-1700 1 |-- Turtle Tile, Floor, Cmpt, Frnt of Bdy (1/4 depth)104.00 104.00 55-01-3390 1 |-- Cmpt Lt, Wall, OSS Access, 54" LED Tube Lt, (2) Ea Cmpt 382.00 382.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 32-06-6262 S < 1 |-- Ahd Rr Whls-54" Full Ht Compt-Pntd Roll Up Outside Compt 2069.00 2069.00 54" 44-40-1020 2 |-- Vents, Compts, Louvers (Ea)37.00 74.00 45-02-4100 2 |-- Shelf, Adjust, Alum 3/16", EXT 200.00 400.00 45-30-1125 2 |-- Turtle Tile, Shelves/Trays, 1/4 Depth, (each)104.00 208.00 45-15-1200 < 1 |-- Divider, Vert, Bolt-In, 3/16" Alum 227.00 227.00 Set 20" ahead of rearward wall 45-19-3400 1 |-- GearGrid, Roll Out, Tool Grid 1643.00 1643.00 45-30-1800 1 |-- Turtle Tile, Floor, Cmpt, Ahd Rr Whls (1/4 depth)104.00 104.00 55-01-3390 1 |-- Cmpt Lt, Wall, OSS Access, 54" LED Tube Lt, (2) Ea Cmpt 382.00 382.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 32-06-7053 1 |-- Abv Rr Whls-60" Sngl Compt w/o Hyd Rack-Pntd RU Outside Cmpt 1698.00 1698.00 44-40-1020 2 |-- Vents, Compts, Louvers (Ea)37.00 74.00 45-02-4100 1 |-- Shelf, Adjust, Alum 3/16", EXT 200.00 200.00 45-30-1125 1 |-- Turtle Tile, Shelves/Trays, 1/4 Depth, (each)104.00 104.00 45-26-3100 < 6 |-- Air Bag Strge Module, Alum, (1) Bag 122.00 732.00 Vertical in forward portion of compartment 45-30-1900 1 |-- Turtle Tile, Floor, Cmpt, Uppr Hgh Sde (up to 1/4 depth) 116.00 116.00 55-01-3370 1 |-- Cmpt Lt, Wall, OSS Access, 30" LED Tube Lt, (2) Ea Cmpt 235.00 235.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 32-06-8162 S < 1 |-- Bhd Rr Whls-60" Full Ht Cmpt-Pntd Roll Up Outside 2011.00 2011.00 60" 44-40-1020 2 |-- Vents, Compts, Louvers (Ea)37.00 74.00 45-02-4100 2 |-- Shelf, Adjust, Alum 3/16", EXT 200.00 400.00 03/12/2018 Page 13 PART NO S QTY DESCRIPTION EACH EXTENDED 45-30-1125 2 |-- Turtle Tile, Shelves/Trays, 1/4 Depth, (each)104.00 208.00 45-06-2100 1 |-- Slide Tray, 500#, Alum 3/16" (1/4 Dpth), EXT 685.00 685.00 45-30-1125 1 |-- Turtle Tile, Shelves/Trays, 1/4 Depth, (each)104.00 104.00 80-76-0110 1 |-- Reflective Stripe, Red/White, Trays/Toolboards, Ea 45.00 45.00 55-01-3390 1 |-- Cmpt Lt, Wall, OSS Access, 54" LED Tube Lt, (2) Ea Cmpt 382.00 382.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 33-60-2120 1 Rr Bdy, Flat Back, RrMt Pumper, EXT 0.00 0.00 32-08-5200 S < 1 |-- Rr Center Pump Compt - Full Height Roll Up 2770.00 2770.00 Plumbing for rear mount pump located behind roll up door. The rear center of body recessed pump discharge / inlet panel shall be located behind a satin finish roll up door that will be covered by reflective chevron as specified later herein. 55-01-3290 1 |-- Cmpt Lt, Wall, OSS Night Axe, 54" LED Tube Lt, (2) Ea Cmpt 553.00 553.00 55-06-1100 1 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 102.00 1 COMPARTMENT STORAGE PROVISIONS 0.00 0.00 33-61-1320 1 |-- Rr Step, EXT Bdy, Bolt-On, 12"966.00 966.00 38-90-2014 1 |-- Access Ladder, Rosenbauer EZ Climb, Right Rr, 14" Wide 1124.00 1124.00 33-70-1433 1 |-- Handrail, Alum, Lighted, White LED, EZ-Climb Ladder, 60", Pair 495.00 495.00 54-10-1312 2 |-- Step Lt, Access Ladder, OSS Access, 8" LED , Plshd Bzl, Ea 111.00 222.00 44-11-5150 1 Whl Well Cmpt, Ahd of Whls Left Side, EXT 0.00 0.00 44-10-2600 1 |-- Whl Well Cmpt, Triple SCBA Tube, Brshd S/S Dr 749.00 749.00 44-11-5350 1 Whl Well Cmpt, Bhnd Whls Left Side, EXT 0.00 0.00 44-07-1700 1 |-- Fuel Fill Door Assy, BSST, Poly Pckt, LH Whl Wll Pnl, (Fire Shopp) 370.00 370.00 44-10-2200 1 |-- Whl Well Cmpt, Dual SCBA Tube, Brshd S/S Dr 489.00 489.00 44-11-5550 1 Whl Well Cmpt, Ahd of Whls Right Side, EXT 0.00 0.00 44-10-2600 1 |-- Whl Well Cmpt, Triple SCBA Tube, Brshd S/S Dr 749.00 749.00 44-11-5750 1 Whl Well Cmpt, Bhnd Whls Right Side, EXT 0.00 0.00 44-10-2600 1 |-- Whl Well Cmpt, Triple SCBA Tube, Brshd S/S Dr 749.00 749.00 44-17-5200 S < 1 |-- Roof Cmpt, Left Side, Two, 25"W x 25"D x <96"L, EXT 5187.00 5187.00 One compartment with two lids 44-25-2530 1 |-- Divider, (3) Roof Compts, Side to Side, 24", EXT 441.00 441.00 45-30-2400 2 |-- Turtle Tile, Floor, Roof Cmpts, <90"L 153.00 306.00 55-04-3345 2 |-- Cmpt Lt, Dr, OSS Access, 62" LED Tube Lt, Ea 210.00 420.00 55-06-1100 2 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 204.00 44-19-5200 S < 1 |-- Roof Cmpt, Right Side, Two, 25"W x 25"D x <96"L, EXT W / Rr Step Landing Area 5187.00 5187.00 One compartment with two lids Stop short at rear to create landing area for EZ Climb ladder which will transition directly onto walkway. 44-25-2530 1 |-- Divider, (3) Roof Compts, Side to Side, 24", EXT 441.00 441.00 45-30-2400 2 |-- Turtle Tile, Floor, Roof Cmpts, <90"L 153.00 306.00 55-04-3345 2 |-- Cmpt Lt, Dr, OSS Access, 62" LED Tube Lt, Ea 210.00 420.00 55-06-1100 2 |-- Cmpt Lt, Dr Swtch, Auto, Ea 102.00 204.00 44-30-2202 1 |-- Roof Access, Landing Area, Left Rear, 24"W x 20"L x 15"D 559.00 559.00 03/12/2018 Page 14 PART NO S QTY DESCRIPTION EACH EXTENDED 54-11-1500 1 |-- Wlkwy Lt, Access Landing, Rcsd, LED, One (1)78.00 78.00 54-11-2102 1 |-- Lt Swtch, On w/ Park Brake or Grnd Lts 0.00 0.00 90-10-1300 < 1 Ladder,Velocity (Little Giant), 9-15' Alum, Model 15417-001 524.00 524.00 Mounted in the L1/R1 transverse compartment as per drawing. See QW option 45-25-5500 for mounting provisions 1 == EXT Pmpr/Tnkr Common Body Parts - 108.018 01/08/18 == 0.00 0.00 44-01-1400 1 |-- Bdy Trim, Frnt Bdy, Ht of Side Cmpts, Alum T/P 185.00 185.00 44-01-4020 1 |-- Bdy Trim, Rr Bdy, Smooth Alum for Chevron Stripe, EXT 452.00 452.00 44-07-4200 1 |-- Fuel Tank, Removable Access Panel 102.00 102.00 33-62-4200 1 |-- Step, Fldg, Rear, Right Hand, Integral LED Lts 162.00 162.00 33-70-1301 S < 1 |-- Handrail, Alum, Lighted, White LED, Rr Step, Vert, 48", One Left 325.00 325.00 Only one on left rear 33-70-2101 S < 1 |-- Handrail, Alum, Lighted, White LED, On Hosebed Cover, Horz, 36" 266.00 266.00 Mounted on the hosebed cover/false floor 33-70-3101 1 |-- Handrail, Alum, Lighted, White LED, Top of Bdy Sides, Rr, 12", Pair 367.00 367.00 44-02-1120 1 |-- Rub Rails, Lwr Bdy, EXT, Extrd Alum 442.00 442.00 1 == EXT Pmpr/Tnkr - AC Electrical System - 108.018 01/08/18 == 0.00 0.00 60-15-1100 1 |-- Gnrtr, Onan Hyd, 6KW, 120/240V, 60 Hz, 1 PH, CMHG 10559.00 10559.00 60-20-3600 1 |-- Gnrtr Install, Fxd , Hyd Driven, Base Specs 0.00 0.00 60-20-4100 1 |-- Circuit Breaker Box, 6 to 8KW, 1 PH 902.00 902.00 60-20-5100 1 |-- Gnrtr Breaker Lctn, Side Compt 0.00 0.00 60-20-7100 1 |-- Gnrtr Instrmnt Panel Lctn, Side Cmpt 0.00 0.00 60-15-9300 S < 2 |-- Gnrtr, Hyd, Engage By PTO Swtch in Cab and Pump Panel 192.00 384.00 Single generator PTO and Excite switch in cab and at pump panel 3 way option 60-20-1300 1 |-- Gnrtr Mtg, Top of Bdy 225.00 225.00 60-20-8300 1 |-- Gnrtr Wiring, Combo, SO & THHN 133.00 133.00 60-25-1400 S < 1 |-- Rcptcl, 120V, 20 Amp, Strght Bld, Duplex 226.00 226.00 In left front upper body compartment for plugging in specified compressor. Outlet to have a switch at the pump panel that will excite power to the outlet to turn on the compressor when generator is engaged. 60-30-3300 1 |-- Rcptcl Lctn, Roof, Upper Bdy, Cmpt, Ea 136.00 136.00 60-25-9610 < 3 Shore Power Strip, 120V, 15 Amp, 4-Plug Strip Rcptcl, MN 267.00 801.00 One located on rearward wall of R4 for extrication battery charging etc. Two others to be located at pre construction conference. 61-01-1550 1 Cable Reels, Provd'd by Bdy Bldr 0.00 0.00 61-01-3100 1 |-- Cable Reel, Hannay ECR1600, Elec Rwnd, 120V 50A 3 Wire 1145.00 1145.00 61-02-1750 1 |-- Cable Reel Lctn, Left Side, Over Whl Cmpt, Upper 310.00 310.00 61-03-3400 1 |-- Cable, Elec, 120V, 200' 10/3 Blk 327.00 327.00 61-04-7200 1 |-- Cable Rcptcl, 120V L5-20R, 3-Prong, Twst Lck 100.00 100.00 03/12/2018 Page 15 PART NO S QTY DESCRIPTION EACH EXTENDED 61-04-9100 1 |-- Ball Stop, Cable, Orange 51.00 51.00 61-05-1120 1 |-- Jct Box, AKR, (4)120V 5-20R SB, L5-20P Pgtl, Gray 454.00 454.00 61-05-4000 1 |-- Jct Box, Holder, Brushed Alum 122.00 122.00 61-04-8200 1 |-- Roller Assy, Cable Reel, 4-Way, SS Rollers 122.00 122.00 64-20-1300 1 Lt Tower Mtg, Hrzntl, Top of Apparatus Bdy 325.00 325.00 64-12-1106 1 |-- Lt Tower, Knight, KL415A-FX, FRC Spectra Max, (6)-335W 120V 25942.00 25942.00 64-13-6010 1 |-- Controls, Mtg, Light Tower, Left Front Compt 0.00 0.00 64-13-9100 1 |-- BackLt, CL, and KL Series 1588.00 1588.00 1 == EXT Pmpr/Tnkr - Equipment Systems - 108.018 01/08/18 == 0.00 0.00 77-07-1100 S < 1 110V Air Compressor Truck Mount W/ 2 Outlets 2248.00 2248.00 Furnish and install an Ingersoll Rand SS3J2WB 115V 30 gallon capacity air compressor plumbed to two (2) remote locations air outlets. Compressor to be mounted in the forward portion of the drivers side front upper body compartment with positive hold down mounts to allow for removal of unit if necessary. The compressor will be plumbed to a front bumper quick connect air outlet located to the left of the specified hose reel under the reel cover and on the lower left rear on the rear center pump panel next to the discharge drains both outlets properly labeled. An outlet specified herein will be located near the compressor and will have a switch to power the outlet at the pump panel. 10-19-6000 S < 2 |-- Air Outlet, Mnl, Cab Exterior, Front Bumper & Rear Pump Compt 238.00 476.00 The compressor will be plumbed to a front bumper quick connect air outlet located to the left of the specified hose reel under the reel cover and on the lower left rear on the rear center pump panel next to the discharge drains both outlets properly labeled 77-10-7600 1 Winch, Warn, Elec, Prtbl, 9,500#, 9.5cti Multi-mount P/N 85760 2015.00 2015.00 77-10-8300 < 1 Rcv'r, Frnt, Winch/Rope, 9,000#734.00 734.00 Offset to passenger side of hose reel tub. 77-10-7710 1 |-- Winch Power Rcptcl, Warn, 12V, Quick Disconnect, Ea 253.00 253.00 77-10-8600 1 Rcv'r, Rr, Winch/Rope/Trailer, 9,000#729.00 729.00 77-10-7710 1 |-- Winch Power Rcptcl, Warn, 12V, Quick Disconnect, Ea 253.00 253.00 77-11-0800 1 |-- Trailer Hitch Pwr Plug, 12V, 7 Pin 360.00 360.00 77-10-9200 1 Rcv'rs, Bdy Side, Winch/Rope, 9,000# w/Rcv'r, (1) Ea Side 1224.00 1224.00 77-10-7710 2 |-- Winch Power Rcptcl, Warn, 12V, Quick Disconnect, Ea 253.00 506.00 77-26-9100 3 Hyd Tool Mounting, Basic, Ea 305.00 915.00 1 == EXT SA Pmpr/Tnkr - Pnt/Ltr/Str - 108.018 01/08/18 ==0.00 0.00 80-05-5200 1 Bdy Paint, Pmpr/Tnkr, Sngl Color, EXT 0.00 0.00 80-32-1350 1 Compt Finish, DA Sanded, Up to 10 Cmpts, EXT 692.00 692.00 80-40-1250 1 Whl Finish, By Chassis Manufacturer 0.00 0.00 80-42-1500 1 Bdy Paint, Touch Up, 2 oz. Bttl, One Color 0.00 0.00 80-50-1700 S < 1 $4,000.00 Advanced Graphics Graphics Allowance 4000.00 4000.00 An allowance of $4,000.00 is included in the price of the truck 03/12/2018 Page 16 PART NO S QTY DESCRIPTION EACH EXTENDED for striping and lettering on the apparatus to be provided and installed by Advanced Graphics. 80-72-1500 < 1 Stripe, Reflective, Not Required For This Vehicle 0.00 0.00 Included in Graphics allowance 80-72-1110 1 Stripe, Refl, 3M Diamond Grde, Chevron Pattern Entire Rr, EXT 1389.00 1389.00 80-72-1810 1 Stripe, Reflective, Diamond Grade, Chevron Pattern Rr RU Dr Red/Yellow 979.00 979.00 80-72-1998 1 ==== No Interior Door Reflective Chevron ===0.00 0.00 1 == EXT Pmpr/Tnkr - Loose Equipment - 108.018 01/08/18 == 0.00 0.00 90-01-0400 1 Equipment Loading Allowance of 3000#0.00 0.00 90-01-5920 S < 1 Whl Chocks Pair Worden #HWG 391.00 391.00 Chocks to be mounted on the floor of the left front compartment under the transverse ice sled storage area with proper retention. QUOTATION General Safety Fire Apparatus LAKE ELMO 2018 HGAC RESCUE PUMPER CHASS Exp. Date:03/21/2018 Quote No:10135-0011 03/12/2018 Page 1 PART NO S QTY DESCRIPTION EACH EXTENDED 1 == Rosenbauer Commander - 822.016 08/22/16 ==0.00 0.00 03-00-0101 1 |-- Certification - NFPA 0.00 0.00 08-09-0102 1 |-- Cab Paint Warranty, 10 Year Pro Rated 0.00 0.00 08-09-0104 1 |-- Cab Structural Warranty Ten Years 0.00 0.00 08-09-0105 1 |-- Transmission Warranty Allison Five Years 0.00 0.00 08-09-0106 1 |-- Engine Warranty Cummins Five Years 0.00 0.00 08-09-0107 1 |-- Frame Warranty Lifetime 0.00 0.00 08-09-0109 1 |-- Front Axle Warranty Hendrickson 0.00 0.00 08-09-010A 1 |-- Rear Axle Warranty Meritor 0.00 0.00 08-09-0111 1 |-- Warranty - Cab and Chassis Two Year 0.00 0.00 08-09-0301 1 |-- Cab Test Information Static Load Seat Test 0.00 0.00 08-09-0302 1 |-- Cab Test Information Crash Test ECE-29 0.00 0.00 08-09-0303 1 |-- Cab Test Information SAE J2420; J2422 0.00 0.00 08-09-0304 1 |-- Cab Test Information Roof Crush, Side & Frontal Impact 0.00 0.00 08-09-0501 1 |-- Operation & Parts List Manuals (2) Sets, CD 0.00 0.00 08-09-0503 1 |-- Engine & Transmission Operation Manuals (1) Set 0.00 0.00 08-09-0530 1 |-- As Built Wiring w/Plumbing Diagram (1) Set 0.00 0.00 08-09-0540 1 |-- On Board USB Manual Storage 0.00 0.00 08-80-0200 1 |-- DOT KIT 89.00 89.00 1 VEHICLE TYPE 0.00 0.00 03-00-0132 1 Rear Mount Pumper 0.00 0.00 03-00-0140 1 |-- Standard Crossmembers 0.00 0.00 07-03-0122 1 |-- Rear Mount Pump Splitfshaft PTO Driven Pump w/Jackshaft 0.00 0.00 1 CAB 0.00 0.00 03-00-0840 1 78" Cab Length 24" Roof 39906.00 39906.00 03-05-0424 1 |-- Driver Exterior Rear Compartment 37"H x 17.5" W Hinge Door 1737.00 1737.00 03-05-0500 < 1 |-- Driver Compt Non-Transverse 0.00 0.00 The compartment shall have a vent 03-05-0551 1 |-- Driver Exterior Rear Compartment - Chrome Handle 120.00 120.00 03-05-0430 1 |-- Driver Rear Cab Compartment Manual Door Locks 0.00 0.00 05-01-5105 1 |-- Driver Rear Compartment Interior Finish DA Sand 66.00 66.00 08-00-2012 1 |-- Driver Rear Compt Lighting LED Strip 18"112.00 112.00 03-05-0454 1 |-- Officer Exterior Rear Compartment 37"H x 17.5"W Hinge Door 1737.00 1737.00 03/12/2018 Page 2 PART NO S QTY DESCRIPTION EACH EXTENDED 03-05-0500 < 1 |-- Driver Compt Non-Transverse 0.00 0.00 The compartment shall have a vent 03-05-0561 1 |-- Officer Exterior Rear Compartment - Chrome Handle 120.00 120.00 03-05-0460 1 |-- Officer Rear Cab Compartment Manual Door Locks 0.00 0.00 05-01-5125 1 |-- Officer Rear Compartment Interior Finish DA Sand 66.00 66.00 08-00-2112 1 |-- Officer Rear Compt Lighting LED Strip 18"112.00 112.00 03-05-6620 S < 1 |-- Interior Cabinet, Center, Forward Facing, Floor Mtd, With Cargo Webbing 9201.00 9201.00 There shall be a full interior cab height and full interior cab width power ventilated gear storage cabinet installed on the back wall of the cab interior. The cabinet will be split on the rear wall by two door roll up door openings but one large common compartment, The larger opening shall be on the on the passenger side with a minimum opening 62" wide. The sill between the two doors will be as narrow as possible with remaining space on the passenger side provided with another roll up door to fill the remaining space. The cabinet interior will NOT be split in two. It will have two natural finish roll up doors but will be open inside the compartment the full cab interior width. The compartment will be as deep as possible rearward of the rear crew door openings approx. 20" deep. On the inside of the compartment there will four (4) heavy duty 1" diameter hanger pegs approx. 18" long that will be firmly reinforced and attached to the back wall of the cab to act as hangers for wet suits and PFD's in the compartment hung on these hanger pegs. Exact mounting locations / spacing of the hanger pegs to be determined by the fire department at pre construction and locations approved by the manufacturer. One pair of vertical LED OSS strip lights for each door opening. (Total of four (4) vertical light strips.) Roll up doors and interior compt lights to be installed by RMN and frame and interior color to be done by RBM per Mike Gaustad, Dan Van Alten, Mike Schoenberger, Joe Lichtscheidl. 1 COMMANDER EMS CABINETS - REAR CREW - FORWARD FACING OUTBOARD POSITION 0.00 0.00 1 CAB DOORS 0.00 0.00 03-06-1015 1 |-- Cab Entry Doors 0.00 0.00 03-06-0010 1 |-- Steps Aluminum Treadplate 891.00 891.00 03-06-1025 1 |-- Full Length Cab Entry Doors 393.00 393.00 03-06-1500 1 |-- No Lower Door Kick Panel (No Overlay)0.00 0.00 03-06-1100 1 |-- Cab Door Hardware Chrome (4)1081.00 1081.00 03-06-1120 1 |-- Cab Door Locks Manual 0.00 0.00 03-06-1135 1 |-- Interior 1-Piece Door Panel Type Aluminum 490.00 490.00 03-06-1206 1 |-- Door Panel Finish Line-X Black 355.00 355.00 03-06-1225 1 |-- Chevron, Reflective, Interior Cab Door - Scotchlite Red/Amber 349.00 349.00 04-05-0105 1 |-- Interior Handle Front Door Grab Handles - Black Powder Coat 292.00 292.00 04-05-0150 1 |-- Interior Grab Handle Rear Door Chicago Style 34" Black Powder Coat 170.00 170.00 03/12/2018 Page 3 PART NO S QTY DESCRIPTION EACH EXTENDED 04-05-0182 1 |-- Additional Grab Handles, "A" Pillar 132.00 132.00 1 CAB GLASS 0.00 0.00 03-08-0101 1 |-- Windshield One Piece - COMMANDER 559.00 559.00 03-08-0102 1 |-- Windshield Wiper System Single Motor (2) Wipers - 3D Grille 616.00 616.00 08-02-0136 1 |-- Windshield Wiper Activation Smart Wheel 0.00 0.00 03-08-0151 1 |-- Window 50% Tint Driver Power 1095.00 1095.00 08-01-0301 1 |-- Power Window Activation, Respective Door 416.00 416.00 03-08-0153 1 |-- Window 50% Tint Officer Power 863.00 863.00 03-08-0226 1 |-- Window 50% Tint Driver Crew Door Power 882.00 882.00 03-08-0252 1 |-- Window 50% Tint Officer Crew Door Power 882.00 882.00 03-08-0320 1 |-- Window 50% Tint Side Middle Driver Fixed 18"W x 24"H 148.00 148.00 03-08-0370 1 |-- Window 50% Tint Side Middle Officer Fixed 18"W x 24"H 148.00 148.00 03-08-2002 1 |-- 24" Raised Roof Windows 0.00 0.00 03-08-0602 1 |-- Window, 50% Tint Upper Side Front (2) Officer/Driver Fixed 15W x 12H (24" Cab) 377.00 377.00 03-08-0652 1 |-- Window 50% Tint Upper Side Rear Door (2) Officer/Driver Fixed 28"W x 13"H (24 446.00 446.00 1 CAB INTERIOR AND TRIM 0.00 0.00 03-09-8010 1 |-- Cab Insulation Interior Ceiling 599.00 599.00 03-09-8015 1 |-- Cab Insulation Engine Tunnel 261.00 261.00 03-09-8020 1 |-- Cab Insulation Cab Damping 120.00 120.00 04-01-1181 1 |-- Interior Trim Color Black Rear Wall 24" Roof 1118.00 1118.00 04-01-2108 1 |-- Interior Trim Color Black, 78"- 24" Roof 4386.00 4386.00 04-02-1001 1 |-- Floor Mounted Throttle and Brake Pedals 0.00 0.00 04-02-1128 1 |-- Interior Floor Covering Color Black, 78"2513.00 2513.00 04-02-1700 1 |-- Interior Trim Sun Visor Vinyl 224.00 224.00 04-02-1798 1 |-- Cab Coating Interior Color 0.00 0.00 05-01-1050 1 |-- Cab Coating Interior Black 750.00 750.00 1 CAB DASH AND ENGINE TUNNEL - 78" SHORT 0.00 0.00 04-03-0800 1 |-- Cab Dash & Engine Tunnel, Composite Dash - Short Tunnel 3168.00 3168.00 04-03-1022 1 |-- Cab Dash & Engine Tunnel Line-X Coating Black 293.00 293.00 04-03-1200 1 |-- Flat Mntg Plate - Rear Engine Tunnel 200.00 200.00 04-03-2100 1 |-- Officer Glove Compt 290.00 290.00 1 CUSTOM CONSOLE 0.00 0.00 04-04-1100 1 |-- Havis Console 506.00 506.00 04-04-1102 1 |-- Havis Console - Custom Configuration 328.00 328.00 04-04-1116 < 1 |-- Black Blank Plate 108.00 108.00 Zone 6 upper 04-04-1126 < 1 |-- Black Plate(s) for Communication Radio 80.00 80.00 Zone 6 middle for Motorola XTL 2500 04-04-1132 < 2 |-- Black Plates with (1) Power Point & (1) Dual USB Power Point 122.00 244.00 One each driver and officer side on the forward flat portion of the Havis console 04-04-1142 1 |-- Map Light, Federal Signal, LF12TSB-LED 176.00 176.00 04-04-1161 2 |-- Cup Holder, Dual 53.00 106.00 04-04-1176 < 1 |-- Black Plate for Siren 43.00 43.00 Zone 2 lower 03/12/2018 Page 4 PART NO S QTY DESCRIPTION EACH EXTENDED 04-04-1201 < 1 |-- Black Plate for AM/FM Radio 43.00 43.00 Zone 2 upper 08-01-0140 1 |-- Instrumentation Panel Inlay - Job Color 52.00 52.00 1 CAB HEADER - HEAT AND AC 0.00 0.00 03-08-4000 1 Cab Header / Heating and AC 0.00 0.00 05-02-0010 1 |-- Heating w/ Air Conditioning, Overhead, VMUX 6157.00 6157.00 05-01-6010 < 1 |-- Cab Paint A/C Condenser on Roof 99.00 99.00 SAME COLOR AS ROOF 05-02-0047 1 |-- Heater Hose - Silicone 0.00 0.00 05-02-0200 1 |-- A/C Condenser Location Roof Mount Mid Center 0.00 0.00 05-02-0298 1 |-- Cab Circulation Hanging Fans Mid (2) Inboard 317.00 317.00 05-02-0300 1 |-- Auxiliary Defroster Fans 410.00 410.00 08-02-0121 1 |-- Heat & A/C Activation VISTA, Rear Crew Manual 0.00 0.00 08-02-0104 1 |-- Rear Crew Controls Manual - Rear Facing Driver's Side Seat - Remote Mt 255.00 255.00 1 SEATS 0.00 0.00 03-09-0105 1 |-- Seat Color Black/Red Seat Belt 0.00 0.00 03-09-01X1 1 |-- Seat Driver 911 Seats Inc XL 4-Way Air ABTS 1752.00 1752.00 03-09-000A 1 |-- Single Retractor Seat Belt - Seats Inc 0.00 0.00 03-09-0121 1 |-- Seat Back Non-SCBA 0.00 0.00 03-09-02X2 1 |-- Seat Mounting Driver Air XL - Seats Inc 181.00 181.00 03-09-0902 1 |-- Seat Material Turnout Tuff 0.00 0.00 03-09-0920 1 |-- Seat Logo Rosenbauer 0.00 0.00 03-09-3010 1 |-- Driver Seat Box Storage Compartment 0.00 0.00 03-09-3236 1 |-- Seat Box Driver & Officer Storage Access Doors (2) Driver/Officer 104.00 104.00 03-09-024A 1 |-- Seat Officer 911 XL Seats Inc Fixed ABTS 805.00 805.00 03-09-000A 1 |-- Single Retractor Seat Belt - Seats Inc 0.00 0.00 03-09-0119 1 |-- Seat Back SCBA Center Cushion Release W/ Zico EZ LOC 342.00 342.00 03-09-02X5 1 |-- Seat Mounting Officer Fixed XL Seats Inc 174.00 174.00 03-09-0311 1 |-- Parade Panels 52.00 52.00 03-09-0902 1 |-- Seat Material Turnout Tuff 0.00 0.00 03-09-0920 1 |-- Seat Logo Rosenbauer 0.00 0.00 03-09-3020 1 |-- Officer Seat Box Storage Compartment 0.00 0.00 03-09-033A 1 |-- Two (2) Outboard Rear Facing Seats - XL 0.00 0.00 03-09-035B < 2 |-- Seat Crew Rear Facing Outer 911 Seats Inc XL Flip-Up ABTS 831.00 1662.00 Belt Orientation- LH & RH to Door 03-09-000A 2 |-- Single Retractor Seat Belt - Seats Inc 0.00 0.00 03-09-0119 2 |-- Seat Back SCBA Center Cushion Release W/ Zico EZ LOC 342.00 684.00 03-09-0311 2 |-- Parade Panels 52.00 104.00 03-09-038A 2 |-- Seat Mounting Rear Facing Outer - XL Seats Inc.174.00 348.00 03-09-0902 2 |-- Seat Material Turnout Tuff 0.00 0.00 03-09-0920 2 |-- Seat Logo Rosenbauer 0.00 0.00 03-09-0409 1 |-- NO SEAT(S) OR SEAT BOX - Full Length Rear Wall Kick Plate 0.00 0.00 1 CAB EXTERIOR 0.00 0.00 04-05-1900 1 Exterior Grab Handles 18" Aluminum 0.00 0.00 04-05-1911 1 |-- Exterior Grab Handles Bare Aluminum w/ Lighting 0.00 0.00 03/12/2018 Page 5 PART NO S QTY DESCRIPTION EACH EXTENDED 04-05-2005 1 |-- Exterior Grab Handles with White LED Lighting 18"357.00 357.00 08-01-0800 1 |-- Grab Handle LED Light Actvtn w/ Parking Brake 330.00 330.00 1 CAB FRONT FASCIA 0.00 0.00 04-08-0010 1 ===== Traditional Front with Rectangular Headlamp Bezels ===== 0.00 0.00 04-08-0140 1 |-- Front Grille, 3D Stainless Steel 1203.00 1203.00 04-08-0022 1 |-- Wing Light Bezel - Stainless 387.00 387.00 04-08-0090 1 |-- Logo, Rosenbauer, Grille Mount 0.00 0.00 04-08-0072 1 |-- Front Grille Inlay, American Flag 1195.00 1195.00 04-08-0143 1 |-- Grille Mounted Roto-Ray Provision 435.00 435.00 06-03-2010 1 |-- Fluid Checks & Fills at Grille ISL 153.00 153.00 08-00-0503 1 |-- Headlights, Quad, with Rectangular Bezel 851.00 851.00 08-00-0540 < 1 |-- Headlight Location - Upper Bucket 0.00 0.00 104 OS, 105 OS, and 104 DS, 105 DS 08-00-0603 1 |-- Front Turn Signals Whelen M6 LED (2)242.00 242.00 08-00-0632 < 1 |-- Turn Signal Located Upper Wings 0.00 0.00 103 OS & DS 08-00-0606 1 |-- Side Marker Light LED (2)159.00 159.00 08-01-0304 1 |-- Headlight Actv in Smart Wheel; Marker Light Activated Vista 0.00 0.00 08-00-0608 1 |-- Front Marker Lamps Face Mounted LED (Center 3 Lightings, 2 Corner) 109.00 109.00 04-08-0151 1 Cab Fender Stainless Steel 456.00 456.00 04-09-0126 1 Cab Exterior Trim Lower Side Stainless 10" Wrap- 78" Cab w/Drvr & Offcr Rr Comp 1010.00 1010.00 04-09-0190 1 ==== No Stainless-Steel Rear Wall Cap - pick to select ====0.00 0.00 04-09-0300 1 Logo, Commander, Cab Sides 0.00 0.00 04-10-0351 1 Mud Flaps Front 87.00 87.00 1 CAB TILT 0.00 0.00 05-00-0221 1 Cab Tilt System - Heavy Duty w/ Manual Back Up 4019.00 4019.00 05-00-0021 1 |-- Cab Tilt Limit Switch 109.00 109.00 05-00-0045 1 |-- Cab Tilt Lock Down Indicator 118.00 118.00 05-00-0100 1 |-- Cab Tilt Control Receptacle Temp 0.00 0.00 1 REARVIEW MIRRORS 0.00 0.00 05-00-5010 1 West Coast Style Mirrors 0.00 0.00 05-00-5305 1 |-- Retrac-W Cst-Drv Dr Mt (613810)-Off Dr Mt (613810)-H&R-DV,H&R(LWR)CVX-CHR 924.00 924.00 08-01-0821 1 |-- Rearview Mirror Remote & Heat Switch Driver Panel 182.00 182.00 1 EXTERIOR CAB PAINT 0.00 0.00 05-01-5015 1 Cab Paint Exterior Two Tone 1420.00 1420.00 05-01-5020 < 1 |-- Cab Paint Upper / Secondary 0.00 0.00 PPG Black 9300 05-01-5021 < 1 |-- Cab Paint Lower / Primary 0.00 0.00 PPG Red 4154 Victory Red 05-01-503D 1 |-- Cab Paint Exterior Breakline - Paint Break D 135.00 135.00 03/12/2018 Page 6 PART NO S QTY DESCRIPTION EACH EXTENDED 05-01-6051 1 |-- Cab Undercoating 0.00 0.00 05-01-7000 2 |-- Cab Paint Spray Out 51.00 102.00 1 FRONT AXLE 0.00 0.00 07-05-010B 1 Front Axle Hendrickson SteerTek 20000#3574.00 3574.00 07-05-0120 1 |-- Front Wheel Bearing Lube Oil 0.00 0.00 07-05-0272 1 |-- Front Suspension Hendrickson Parabolic Spring 20K 2186.00 2186.00 07-05-0341 1 |-- Power Steering Gear TRW TAS 85 w/Assist- 20K and up - L9 & X15 Steertek Axle 4085.00 4085.00 07-06-0420 1 |-- Chassis Alignment 0.00 0.00 07-06-0522 1 |-- Front Cramp Angle 45 Degrees 0.00 0.00 07-07-014A 1 |-- (2) Front Tires 385/65R 22.5 Michelin X Multiway HD XZE "L" 1896.00 1896.00 07-06-0436 2 |-- Counter Acting Balancing Beads 18.00 36.00 07-07-0720 1 |-- (2) Front Wheels Alcoa Polished 22.5 x 12.25 Aluminum 1060.00 1060.00 07-08-0203 1 |-- Front Brakes Meritor EX225 Disc 17"1530.00 1530.00 07-05-0311 1 4 Spoke Smart Steering Wheel w/ESC Tilt/Telescopic 18"1025.00 1025.00 1 REAR AXLE 0.00 0.00 07-06-0102 1 Rear Axle, Single, 27000# Meritor RS-25-160 5175.00 5175.00 07-06-0222 1 |-- Rear Suspension Reyco 79KB - Spring 27000# Parabolic 3467.00 3467.00 07-08-0253 1 |-- Rear Brakes Meritor EX225 Disc 17"868.00 868.00 07-06-0300 1 |-- Rear Shock Absorbers 364.00 364.00 07-06-0350 1 |-- Rear Axle Differential Control DCDL single 467.00 467.00 08-01-0902 1 |-- Rear Axle Diff Control (DCDL) Activated Vista 0.00 0.00 07-07-0326 1 |-- (4) Rear Tires 12R 22.5 Michelin XDN2 "H"2994.00 2994.00 07-06-0436 4 |-- Counter Acting Balancing Beads 18.00 72.00 07-07-0784 1 |-- (4) Rear Wheels Alcoa Polished 22.5 x 8.25 Aluminum 1277.00 1277.00 07-07-0610 1 |-- Valve Stem Extension - Single Axle 0.00 0.00 07-07-0996 1 |-- Vehicle Top Speed 68 0.00 0.00 07-08-0103 < 1 |-- Electronic Stability Control Single Axle 3566.00 3566.00 w/ air manifold 07-08-0189 1 |-- Air Tank Brackets - Hot Dipped Galvanized 0.00 0.00 07-08-0301 1 |-- Park Brake Rear Wheels Only 0.00 0.00 08-02-0130 1 |-- Park Brake Control Driver Dash 0.00 0.00 07-08-0410 1 |-- Wabco System Saver 1200 210.00 210.00 07-08-0551 1 |-- Moisture Ejectors Manual 0.00 0.00 07-08-0570 1 |-- Air Supply Lines Nylon 0.00 0.00 07-08-0725 1 |-- Air Horn Reservoir (1) 1200 Cu In 382.00 382.00 07-09-001B 1 Frame Double Channel 35" Frame Width 12133.00 12133.00 07-09-0045 1 |-- Wheelbase Range 220" - 239"364.00 364.00 07-09-0085 S 1 |-- Rear Overhang 80"252.00 252.00 07-09-0130 1 |-- Frame Paint Powder Coat Black 0.00 0.00 07-13-0305 1 |-- Tow Hooks Chrome - Shipped Loose 252.00 252.00 1 ENGINE 0.00 0.00 06-00-0050 1 |-- Engine Placement 0.00 0.00 06-00-1572 1 |-- Engine, Cummins L9, Base Spec, 2017 0.00 0.00 06-00-1578 1 |-- 450HP Cummins L9 - 2017 35062.00 35062.00 06-02-1110 1 |-- Fan Clutch - ISL 1245.00 1245.00 06-04-3010 1 |-- Fan Clutch Programming - Cold Weather Climate 0.00 0.00 03/12/2018 Page 7 PART NO S QTY DESCRIPTION EACH EXTENDED 06-02-1526 1 |-- Auxiliary Engine Brake Compression Brake (JAKE)1580.00 1580.00 08-01-0203 1 |-- Auxiliary Engine Brake Control On/Off & Low/Med/High Switch Smart Wheel 0.00 0.00 06-02-2003 1 |-- AC Compressor - L9 & ISX 12L 0.00 0.00 06-03-1010 1 |-- Engine High Idle Speed 1250 RPM 0.00 0.00 06-03-1023 1 |-- Engine High Idle Control Manual & Automatic VISTA 19.00 19.00 06-05-3010 1 |-- Engine Air Intake Filtration and Restriction L9 552.00 552.00 06-06-3732 1 |-- Engine Exhaust System One Piece Officer Side DPF/SCR - L9 380 hp & up -2017 13418.00 13418.00 06-06-4006 1 |-- DEF Tank - 2017 359.00 359.00 06-06-4100 1 |-- DEF Tank Access Fill Door 164.00 164.00 06-08-0100 1 |-- Engine Exh Acc Temp Mitigation 0.00 0.00 06-08-0200 1 |-- Engine Exhaust Wrap 0.00 0.00 08-02-0140 1 |-- DPF Control Regeneration Switch & Inhibit Switch Covered 0.00 0.00 06-04-2002 1 |-- Engine Cooling System- L9 5203.00 5203.00 06-04-4010 1 |-- Coolant Valve Shut Off Valve w/Connection - For Additional Heater 138.00 138.00 06-05-1002 1 |-- Engine Pump Heat Exchanger L9 390.00 390.00 1 TRANSMISSION 0.00 0.00 07-01-0100 1 |-- Transmission Allison 3000 EVS 13171.00 13171.00 07-01-0500 1 |-- Transmission Fluid - Standard 0.00 0.00 07-02-0008 1 |-- Transmission GEN V-E Push Button Key Pad 296.00 296.00 07-02-0052 1 |-- Transmission Mode Programming 5th Startup/5th Mode 0.00 0.00 07-02-0066 1 |-- Transmission Feature Programming I/O Package 198/Pumper 0.00 0.00 07-02-0251 1 |-- Driveline Spicer 1710 HD 999.00 999.00 07-04-0112 1 |-- Fuel Filter/Water Separator Cummins FS1098 65.00 65.00 07-04-0312 1 |-- Fuel Tank 68 Gallon/257 Liter - Dual Fill 1369.00 1369.00 07-04-0216 1 |-- Fuel Lines Aramid Braid 93.00 93.00 07-04-0225 1 |-- Fuel Shutoff Valve (2) at Filter 138.00 138.00 07-04-0230 1 |-- Fuel Cooler Behind Battery Box 561.00 561.00 08-00-0403 1 |-- Alternator Delco Remy 275 Amp 1041.00 1041.00 1 ELECTRICAL SYSTEM 0.00 0.00 08-00-0100 1 Electrical System 12V DC Weldon V-MUX 12770.00 12770.00 08-01-0051 1 |-- Driver & Officer VISTA Display Weldon Vista IV 2512.00 2512.00 08-01-0054 1 |-- Driver Panel / Switch Panel (6 Switches) Under the Vista Screen 303.00 303.00 08-09-0249 1 |-- V-MUX WARRANTY - 4 YEAR 0.00 0.00 08-03-0110 < 1 |-- Communication Antenna Base Cab Roof - RBM Supplied 106.00 106.00 Location 302DS 08-03-0231 1 |-- Ant Cable Routing Under Dash Panel 0.00 0.00 08-04-1200 1 |-- Radio WB/AM/FM/CD - Console Mount 439.00 439.00 08-04-2000 1 |-- Two (2) Speakers 0.00 0.00 08-02-0610 1 |-- Weldon VDR/Seat Belt Warn - VISTA 1003.00 1003.00 03/12/2018 Page 8 PART NO S QTY DESCRIPTION EACH EXTENDED 08-01-0010 1 |-- Instrumentation Standard Pacific Insight Gauge Panel 722.00 722.00 08-01-0125 1 |-- Instrumentation Backlighting Red 0.00 0.00 08-00-0340 1 6 Battery System 0.00 0.00 08-00-0322 1 |-- Batteries (6) Group 31 688.00 688.00 08-00-0224 1 |-- Battery Box Driver/Officer Side Hot dipped Galvinized Steel w/Covers - 6 Battery 1598.00 1598.00 08-00-0248 1 |-- Battery Cables (6)1442.00 1442.00 08-00-0251 1 |-- Battery Jumper Studs Front Driver Lower Step 63.00 63.00 08-01-0034 1 |-- 2 Position Battery Master - Driver's Kick Plate 343.00 343.00 08-01-0036 1 |-- Ignition Switch 82.00 82.00 08-01-0040 1 |-- Power & Ground Stud 40A Batt Direct / 15A Ignition 93.00 93.00 08-02-0176 1 |-- Assc Power Distribution Panel Bhnd Off Seat 10 Position 40A Batt Dir 330.00 330.00 08-02-0521 1 |-- ====No PWR Cable for Additional Pwr Studs====0.00 0.00 08-00-0721 1 |-- Ground Lights LED Whelen 3SC0CDCR 263.00 263.00 08-01-0751 1 |-- Ground Lights Activation with Park Brake 0.00 0.00 08-00-0732 1 |-- Cab Step Lights LED (1 Per Step)380.00 380.00 08-01-0753 1 |-- Step Lights Activated Respective Side 93.00 93.00 08-00-0752 1 |-- Interior Door Warning Lights Red 3" LED 239.00 239.00 1 DOOR JAMB WARNING LIGHTS 0.00 0.00 08-00-0783 1 |-- Engine Compartment Work Light LED (2)156.00 156.00 08-00-0792 1 |-- Interior Overhead Lighting LED - Blue/Clear 439.00 439.00 08-00-0815 2 |-- Add'l LED Dome Lt Blue/Clear - Individual Swtchd 164.00 328.00 08-00-4090 1 Dr Open/Hazard Wrn Lt, Flash, Whelen 3SR00FRR LED Rnd (Do Not Move Appar 158.00 158.00 08-01-2010 1 Back-Up Alarm Ecco 575 131.00 131.00 08-06-0022 1 Camera System with V-Mux 0.00 0.00 08-06-0011 1 |-- Camera System - Chrome Side Cameras 0.00 0.00 08-06-0170 1 |-- Driver & Officer Side Camera, Rear Camera; Driver & Officer Vistas 827.00 827.00 03/12/2018 Page 9 PART NO S QTY DESCRIPTION EACH EXTENDED 08-08-KM35 1 Battery Chrgr, KUSS 35/10 - Pump Plus 1200 KUSS - 120V Pump 1730.00 1730.00 08-08-0001 1 |-- Battery Charger Location - Behind Driver's Seat 0.00 0.00 08-08-0021 1 |-- Air Compressor Location - Behind Driver's Seat 0.00 0.00 08-08-0199 1 |-- Automatic Shoreline - 20 Amp 0.00 0.00 08-08-20AR 1 |-- Shoreline, Super Auto Eject, 20A, Red 332.00 332.00 08-08-06CF 1 |-- Shoreline Location Cab FWD, Ahead of Driver's Door 300.00 300.00 08-08-41CS 1 |-- Indicator Location Canopy Window - Commander 0.00 0.00 ALEX AIR Hurst, HILLS Amkus HEIMAN Genesis COMMENTS TURTLE PLASTICS CRIB TOOL KIT B $2,908.46 PARATECH MODEL 52 $4,695.00 PARATECH MASTER CONTROL KIT G2 $3,242.35 SPREADER CUTTER RAM $12,558.00 If necessary, postpone purchase and use 2019 or 2020 budget funding. $4,347.10 $51,663.56 5/31/2018 RESCUE/ENGINE EQUIPMENT COST 5" Kryptonite hose - 500' $31,850.00 $24,272.00 CRIBBING STRUTS $29,398.00 Paid with $2,000 Century Link Grant and 2018 Small Tools and Equipment Budget. Tools willl be tested and evaluated by department at upcomng training drill and determination made.$31,850.00 AIRBAGS BATTERY HYDRAULIC TOOLS June 5, 2018 The Truck Committee met May 30th regarding the Rescue/Engine. The purpose was to get the total cost of the project, (Truck and loose rescue equipment) to the $700,000 cap. Current cost figures are as follows: Truck Cost $684,302.00 FDIC Show Discount -$5,000.00 Total Vehicle Cost $679,302.00 Committee is recommending delaying the purchase of the air compressor and radio headsets at this time. These two items would be purchased at a later date with alternate funding (donations, grants or budget) and retrofitted. This would further reduce the cost of the vehicle by $10,475.00, bringing the total cost down to $668,827.00. Leaving a balance of $31,173.00 towards the purchase of the Rescue Equipment. Committee discussed the purchase of the rescue equipment. Cribbing $2,908.46 Airbags $7,937.35 Hose $4,347.10 Hydraulic Tools $24,272.00 - $31,850.00 Struts $12,558.00 TOTAL $52,022.91 - $59,600.91 Identified Additional Funding Sources Century Link Grant $2,000.00 DNR Grant $3,500.00 (application submitted, waiting on approval) Jaycee Donation $20,000.00 (application submitted, waiting on approval) Rotary Donation $??? Sale/Trade In of used Hydraulic Tools $7,000.00 - $9,000.00 Sale of Engine 2 $8,000.00 Sale of Utility 2 $4,000.00 2018 Budget, Small Tools/Equipment 2019 Budget, Small Tools/Equipment Committee is very confident that with all the alternate funding options identified we will be able to meet the $700,000.00 cap and not need to delay the purchase of the air compressor and headsets. STAFF REPORT DATE: July 3, 2018 REGULAR ITEM# 14 TO: Mayor and City Council FROM: Sue Iverson, Finance Director AGENDA ITEM: Online/Credit Card Payments REVIEWED BY: Kristina Handt – City Administrator BACKGROUND: Part of the new accounting system updates and efficiencies was to accept online and credit card payments. A component of this is to establish a policy for processing fees. QUESTION BEFORE THE CITY COUNCIL: 1) Should the online check and credit card processing fees be charged to the customer or absorbed in the utility operating budgets? DISCUSSION: The payment modules give the City the ability to take check, credit card or to set up ACH for those that want to set up auto pay for their utility bills via a Customer Portal. The Customer Portal gives Customers the ability to view bills online, obtain their billing history, and make one time or recurring payments. The City would also be able to email bills to those that wish to opt out of paper bills. To finish these modules, a policy on how to handle processing fees needs to be adopted. The Finance Committee discussed three options: 1. Fees paid by your Customers 2. Fees paid by the City of Lake Elmo 3. The City of Lake Elmo pay the check fees and Customers pay the credit card fees During a lengthy discussion by the Finance Committee, each of the three members supported a different option. The committee as a whole did not make a recommendation leaving it to a City Council decision. FISCAL IMPACT: There will be a processing fees on each transaction (on average transaction fees on a $100 charge would amount to between $2.50 and $3.00). The fees can either be classified as an operating cost to the utility funds or a separate convenience fee for using credit cards and online payments can be established. RECOMMENDATION: 1) Motion to adopt “Fees paid by the Customers” for online and credit card payments. Or 2) Motion to adopt “Fees paid by the City of Lake Elmo” for online and credit card Payments. Or 3) Motion to adopt “The City of Lake Elmo will pay the check fees and Customers pay the credit card fees. ATTACHMENT: Transaction Fee Options