HomeMy WebLinkAbout9-4-18 City Council Meeting Packet minus item 12
NOTICE OF MEETING
City Council Meeting
Tuesday, September 4, 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. August 21, 2018
D. Public Comments/Inquires
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements and Payroll
3. Approve Hiring of Public Works Operator III
4. Accept Resignation of Planning Director and Authorize Advertising Position
5. Approve Old Village Ph3 Street & Utility Improvements – Change Order No. 5
6. Approve Old Village Ph3 Street & Utility Improvements – Compensating Change Order No. 6
7. Approve Old Village Ph3 Street & Utility Improvements – Pay Request No. 8
8. Approve Old Village Ph3 Street & Utility Improvements – Resolution Declaring Costs to be Assessed,
Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment –
Resolution 2018-103
9. Approve Comments on 2040 Draft Washington County Comp Plan
10. Accept Community Partnership Grant from Centerpoint Energy for Rescue Air Lift Tools
11. Accept Grant from DNR for Firefighting Helmets – Resolution 2018-102
G. Regular Agenda
12. Growing Explorers Learning Center Final Plat, PUD and Conditional Use Permit-Resolution 2018-099;
2018-100
13. Growing Explorers Learning Center Developer Agreement – Resolution 2018-101
14. 45th Parallel Marker at Lions Park
15. Tablyn Park Improvements
16. 3880 Laverne Avenue North Minor Subdivision Conditions Amendment -
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
NOTICE OF MEETING
City Council Meeting
Tuesday, September 4, 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. August 21, 2018
D. Public Comments/Inquires
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements and Payroll
3. Approve Hiring of Public Works Operator III
4. Accept Resignation of Planning Director and Authorize Advertising Position
5. Approve Old Village Ph3 Street & Utility Improvements – Change Order No. 5
6. Approve Old Village Ph3 Street & Utility Improvements – Compensating Change Order No. 6
7. Approve Old Village Ph3 Street & Utility Improvements – Pay Request No. 8
8. Approve Old Village Ph3 Street & Utility Improvements – Resolution Declaring Costs to be Assessed,
Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment –
Resolution 2018-103
9. Approve Comments on 2040 Draft Washington County Comp Plan
10. Accept Community Partnership Grant from Centerpoint Energy for Rescue Air Lift Tools
11. Accept Grant from DNR for Firefighting Helmets – Resolution 2018-102
G. Regular Agenda
12. Growing Explorers Learning Center Final Plat, PUD and Conditional Use Permit-Resolution 2018-099;
2018-100
13. Growing Explorers Learning Center Developer Agreement – Resolution 2018-101
14. 45th Parallel Marker at Lions Park
15. Tablyn Park Improvements
16. 3880 Laverne Avenue North Minor Subdivision Conditions Amendment -
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
AUGUST 21, 2018
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7:00 pm.
PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren
and Christine Nelson
Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning
Director Becker, Public Works Director Weldon, Assistant Administrator Foster and City Clerk
Johnson.
APPROVAL OF AGENDA
Item 20, “Chicken Ordinance Update” was moved to the Consent Agenda.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE
AGENDA AS AMENDED. Motion passed 5 – 0.
ACCEPT MINUTES
Minutes of the July 17, 2018 Meeting were accepted as presented.
PUBLIC COMMENTS/INQUIRIES
None
PRESENTATIONS
None
CONSENT AGENDA
2. Approve Payment of Disbursements and Payroll
3. Accept Building Department July 2018 Report
4. Accept Fire Department July 2018 Report
5. Accept Public Works July 2018 Report
6. Reject all Bids on 2018 Mill and Overlay Project – Resolution 2018-095
7. Approve Purchase of New Pickup and 1 Ton Truck
LAKE ELMO CITY COUNCIL MINUTES
AUGUST 21, 2018
Page 2 of 4
8. Approve Well#2 Programmable Logic Controller Upgrade
9. Approve 2018 Crack Seal Project – Pay Request No. 1 (FINAL)
10. Approve 2018 Seal Coat Project – Pay Request No. 1 (FINAL)
11. Approve I-94 Lift Station (No. 1) and Sanitary Sewer Improvements – Pay Request No. 3
– Resolution 2018-096
12. Approve 2018 Street Improvements – Pay Request No. 1
13. Approve Old Village Ph4 Street & Utility Improvements – Pay Request No.
1.Cooperative Maintenance
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE
CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0.
ITEM 14: Introduction of a Motion to Rescind the City Council’s Decision on August 8,
2018 Regarding Resolution 2018-090 Relating to the Legacy at Northstar Final Plat and PUD
Councilmember Bloyer, seconded by Mayor Pearson, moved TO RESCIND THE VOTE ON
RESOLUTION NO 2018-090 RELATING TO THE LEGACY AT NORTHSTAR FINAL
PLAT AND PUD. Motion passed 3 – 2. (Fliflet, Lundgren – nay)
ITEM 15: Legacy at Northstar Final Plat and PUD
Craig Allen spoke on behalf of the project developer, GWSA, commenting on delays in the
approval process.
Matthew Cooper, 3806 Kindred Way, commented on the need for consistent buffers.
Councilmember Bloyer, seconded by Councilmember Nelson, MOVED TO ADOPT
RESOLUTION 2018-090 APPROVING THE LEGACY AT NORTH STAR 1ST ADDITION
FINAL PLAT AND PUD PLANS WITH RECOMMENDED FINDINGS AND
CONDITIONS OF APPROVAL. Motion passed 3 – 2. (Fliflet, Lundgren – nay)
ITEM 16: Legacy at Northstar Developer Agreement
Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION
2018-094 APPROVING THE DEVELOPER AGREEMENT FOR LEGACY AT NORTH
STAR 1ST ADDITION FINAL PLAT. Motion passed 3 – 1 – 1. (Fliflet, - nay; Lundgren –
present/not voting)
ITEM 17: Salt Shed
Public Works Director Weldon reviewed the proposal for construction of a new, larger salt
storage shed at the public works facility.
LAKE ELMO CITY COUNCIL MINUTES
AUGUST 21, 2018
Page 3 of 4
Councilmember Fliflet moved TO DIRECT STAFF TO ACQUIRE BIDS FOR A BUILDING
SIMILAR IN LOOK WITH THE CURRENT PUBLIC WORKS BUILIDING. Motion died –
no 2nd.
Mayor Pearson, seconded by Councilmember Nelson, moved TO APPROVE AND AWARD
CONSTRUCTION TO GRAYSTONE CONSTRCUTION FOR A TOTAL PROJECT COST
NO TO EXCEED $150,000. Motion passed 4 – 1. (Fliflet – nay)
ITEM 18: 2019 Street and Utility Improvements – Authorize Feasibility Report
City Engineer Griffin presented the anticipated scope of improvements for the 2019 Street and
Utility Improvements project as outlined in the City’s five year Capital Improvement Plan.
Councilmember Nelson, seconded by Councilmember Lundgren, moved TO APPROVE
RESOLUTION NO. 2018-097, ORDERING PREPARATION OF A FEASIBILITY REPORT
FOR THE 2019 STREET AND UTILITY IMPROVEMENTS TO BE COMPLETED BY
FOCUS ENGINEERING, INC. IN THE NOT TO EXCEED AMOUNT OF $6,800. Motion
passed 5 – 0.
ITEM 19: PUD Ordinance Update
Planning Director Becker provided a review of the proposed updates to the PUD ordinance that
would improve the application process and make it consistent with the City’s recently adopted
Open Space Development PUD Ordinance.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO REMAND THE
CURRENT ITEM TO THE PLANNING COMMISSION FOR FURTHER DISCUSSION.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE
PRIMARY MOTION TO BRING THE CURRENT ITEM TO A FUTURE CITY COUNCIL
WORKSHOP. Motion passed 3 – 2. (Bloyer, Nelson – nay)
Primary motion passed 3 – 2. (Bloyer, Pearson – nay)
ITEM 20: Chicken Ordinance Update
Planning Director Becker reported on research conducted at the direction of the City Council,
stating that there is no conclusive evidence that keeping chickens attracts predators.
Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO ADOPT
ORDINANCE 08-216 AMENDING CHAPTER 95 KEEPING OF CHICKENS. Motion
passed 3 – 2. (Pearson, Nelson – nay)
LAKE ELMO CITY COUNCIL MINUTES
AUGUST 21, 2018
Page 4 of 4
Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO ADOPT
RESOLUTION 2018-087 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE
08-216. Motion passed 5 – 0.
ITEM 21: Performance Based Pay
Assistant Administrator Foster presented the proposed plan as recommended by the Human
Resources Committee.
Councilmember Lundgren, seconded by Mayor Pearson, moved TO APPROVE
RECOMMENDED CHANGES TO THE COMPENSATION POLICY. Motion passed 4 – 1.
Bloyer – nay)
COUNCIL REPORTS
Mayor Pearson: Discussions with HOA members.
Councilmember Nelson: No report
Councilmember Lundgren: Thanked Washington County Sheriff Department for conducting
K-9 demonstration at the farmers market.
Councilmember Bloyer: No report
Councilmember Fliflet: No report
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Met with state agency partners regarding closing of well #1 and
attended second 3M work group meeting. Noted frequent well alarms recently due to irrigation
system demands on the water system.
City Attorney Sonsalla: Reviewing documents for Legacy at North Star and Boulder Ponds,
preparing amicus brief.
Meeting adjourned at 8:52 pm.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
STAFF REPORT
-- page 1 --
DATE: September 4, 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 $ 69,547.36 Payroll 08/30/18
47835 – 47891 $ 354,181.36 Accounts Payable 09/04/18
TOTAL $ 423,728.72
RECOMMENDATION:
If removed from the consent agenda, the recommended motion is as follows:
“Motion to approve the aforementioned disbursements in the amount of $423,728.72”
ATTACHMENTS:
1. Accounts Payable – proof list(s)
STAFF REPORT
DATE: September 4, 2018
CONSENT
ITEM #: 3
AGENDA ITEM: Hiring Public Works Operator
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND:
The City advertised for applications for the Public Works Operator position from October 18th to
November 2nd, 2017. On August 14th, staff interviewed four applicants. The application materials for
these applicants will be retained for one year.
Through this interview process an offer of employment contingent upon Council approval and passing a
pre-employment medical/physical evaluation was made to Mike Belde.
ISSUE BEFORE COUNCIL:
Should Mike Belde be hired as the Public Works Operator at the terms described below?
PROPOSAL DETAILS/ANALYSIS:
Staff recommends hiring Mike Belde as the Public Works Operator contingent upon a satisfactory
medical/physical evaluation. Staff is further recommending a starting wage of $23.27/hour which is the
pay rate offered for a probationary Public Works Operator III per the union contract.
Mr. Belde has experience with operating heavy equipment including snow plows and dump trucks. He
has experience operating landscaping equipment, and has parks and asphalt maintenance experience. Mr.
Belde is certified in aerial lifts, smart salting, operating skid steer loaders, and in turfgrass maintenance
best practices. Additionally he has a class B Commercial Driver’s License with air break and tanker
endorsements.
Mr. Belde has already passed a criminal background check and a check of the Minnesota Predatory
Offender Registry.
FISCAL IMPACT:
The total cost to the City for the hiring the Public Work Operator at this wage would be approximately
$75,000 including wages, taxes, and benefits. This cost has been budgeted for in 2018 and subsequent
years.
RECOMMENDATION:
If removed from the consent agenda:
“Move to hire Mike Belde as the Public Works Operator at a starting wage of $23.27/hour contingent
upon passing a pre-employment medical/physical evaluation.”
ATTACHMENTS: None
STAFF REPORT
DATE: September 4, 2017
CONSENT
ITEM #: 4
AGENDA ITEM: Accept Resignation of Emily Becker, and Authorize Advertising for
Planning Director
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND:
Planning Director, Emily Becker submitted her resignation on August 24th. Her last day with the City
will be September 25th. Job Class and Comp Study work was done to update job description which was
approved by Council at the August 15th 2017 meeting.
ISSUE BEFORE COUNCIL:
Does Council accept Emily Becker’s resignation, and authorize advertising for Planning Director?
PROPOSAL:
Staff recommends accepting Emily Becker’s resignation and authorizing the advertising for Planning
Director.
FISCAL IMPACT:
The estimated annual fiscal impact for Planning Director would be approximately $ is $105,000-$131,500
including salary, taxes, and benefits.
RECOMMENDATION:
If removed from the consent agenda:
“Move to accept Emily Becker’s resignation, and authorize advertising for Planning Director.”
ATTACHMENTS:
Job Posting
3880_Laverne Avenue North, Lake Elmo, Minnesota, 55042 * 651.747.3900
The City of Lake Elmo offers competitive pay and benefits in addition to professional development opportunities to all employees. The city’s number one value statement is to foster an environment based on trust and ethics. These philosophies and practices help the City in recruiting and retaining exceptional employees. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Accepting Applications for the Position of: Planning Director
SALARY: $77,812-$101,171
ANTICIPATED HIRING RANGE: $77,812-$101,171
OPENING DATE: 9/5/2018
CLOSING DATE: 9/19/2018
POSITION TITLE: Planning Director
DEPARTMENT: Planning
ACCOUNTABLE TO: City Administrator
Position Details/Essential Functions: This position is to strengthen the health and vitality of the City through managing planning, development review, redevelopment, building plan review, inspection, code enforcement, and housing. This position manages the direct operations of the Planning Department, meeting statutory requirements, while administering the City’s Comprehensive Plan. Main functions include managing development review, enforcing city ordinances and policies, keep accurate details and records, provide clear communication and provide technical support to the City Council or Planning Commission through reports and presentations. This position is currently being evaluated for potential growth into a Community Development Director role, and serves under the general supervision of the City Administrator. This position is responsible, but not limited to the following duties:
Department Operations:
Monitor revenues and expenditures in assigned areas to assure sound fiscal control; prepare annual budget requests, assure effective and efficient use of budgeted funds, personnel, materials, facilities and time
Determine work procedures, prepare work schedules, and expedite workflow; study and standardize procedures to improve efficiency and effectiveness of operations
Attends City staff meetings, City Council meetings and advisory boards.
Com
3880_Laverne Avenue North, Lake Elmo, Minnesota, 55042 * 651.747.3900
munity Planning:
Provide leadership and direction in the development of short and long-range plans related to growth management, land use, housing, transportation, park, trails, open space systems, public facilities or other issues to meet the City’s needs and requirements of the intergovernmental agreements and or State legislation
Formulate and administer the Comprehensive Plan
Coordinate the comprehensive plan activities with the Metropolitan Council plan, state and county planning activities
Develop and maintain Lake Elmo’s economic development and redevelopment programs
Supervise the evaluation of land use proposals for conformity to established plans and ordinances
Identify strategic opportunities for the use of tax increment financing and other resources to attract and shape development within the City
Prepares codes and ordinances, recommends amendments, fee structures, etc.
Gather, interpret, and prepare data for studies, reports and recommendations; coordinates department activities with other departments and agencies as needed.
Assist with designs for parks, streetscapes, landscapes and other municipal projects.
Intergovernmental Coordination:
Monitor inter-governmental and legislative decisions affecting department operations and follow through with appropriate action
Render technical advice to City officials and employees regarding community development, design standards, land use, and related aspects of physical, social and environmental planning
Development Review:
Supervise the development review process for submittal of rezoning, subdivision, special use permit and site plan applications, through analysis of project proposals, preparation of staff reports and recommendations
Interpret City codes and exercise judgement in applying requirements to cases which do not fit norms
Deal with developers, design professionals, contractors, business people, citizens and property owners
Handle controversial issues
Insure the maintenance of accurate record keeping of departmental activities relating to licenses, permits, development projects and special studies
Interpret and apply development regulations; identify gaps in the ordinance provisions and recommends ways to address these gaps; prepares ordinance revisions for consideration by City Council
Work with the City Engineer to ensure that development projects are completed according to approved plans.
Code Enforcement:
Supervise the enforcement of zoning, housing, and nuisance codes including the receiving of complaints, field investigations, preparation and notification letters and court orders, and possible testimony in court hearings to achieve code compliance
Develop methods for dealing with chronic code enforcement issues and problem properties
Supervisory Responsibilities:
Establishes and maintains policies and procedures for the Department
3880_Laverne Avenue North, Lake Elmo, Minnesota, 55042 * 651.747.3900
Carries out supervisory duties in accordance with the City’s policies and applicable laws
Responsible for training, planning, assigning and directing work
Responsible for evaluating performance, rewarding employees, disciplining employees
Responsible for responding to grievances, addressing complaints and addressing problems of employees While these are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as part of their role with the City.
Position Requirements
Knowledge, Skills and Abilities:
Extensive knowledge of community development programs and process, and the typical operations of a planning department
Ability to supervise a complex set of department functions which involve several technical disciples, and to manage a complicated work program so that demands are matched to resources
Ability to think in a creative and strategic manner, to develop alternatives and specific program proposals designed to achieve effective results consistent with community goals
Thorough knowledge of how to formulate, implement, and apply comprehensive plans and specials studies related to community development issues
Thorough knowledge of how to develop, interpret, and apply development regulations, and to conduct code enforcement activities
Ability to handle stressful situations and effectively deal with difficult or angry people
Familiarity with the Community Development Block Grant program and other federal and state housing programs
Familiarity of GIS system and how to utilize them in the operation of a planning department
Ability to analyze situations and information, formulate alternatives, and use sound judgement in drawing conclusions and making decisions
Education: four-year degree in Planning, Urban Studies, Geography, Landscape Architect, or related field
Requirements: Minimum of five years’ experience in public sector position and at least four years of supervisory experience. This position should also include in:
• Fully capable in word processing, spreadsheet, Geographic Information System (GIS) and other computer software
• Knowledge of principles of city planning and urban design
• Knowledge of techniques of problem solving, research procedures, and public relations
• Valid MN State Driver’s License
Desired Qualifications:
Master’s Degree in Urban Planning, Landscape Architect, Geography or closely related field
Physical and Mental Requirements: Work is performed in both office and field settings. Some of the employee’s
3880_Laverne Avenue North, Lake Elmo, Minnesota, 55042 * 651.747.3900
time is spent in field inspection associated with code enforcement and development cases. Sufficient mobility is necessary to navigate natural terrain and construction sites. Visual acuity sufficient to evaluate field conditions, plans and drawings is necessary. Specific vision abilities required by this job include close vision, distance, vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Hand-eye coordination is necessary to operate computers and various pieces of office equipment. **The physical demands described here are representative to those that must be met by an employee to successfully
perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with
disabilities to perform the essential functions.
Working Conditions: While performing duties of this job, the employee is required to s it, stand, walk, talk and hear, use hands to finger, handle, feel and operate objects, tools or controls. The employee must occasionally lift and/or move 40 pounds.
Competencies Common to All City Positions:
• Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures
• Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff
• Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible
• Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities
• Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters
while performing essential functions of this job. Reasonable accommodations can be made to enable individuals
with disabilities to perform the essential functions. PLEASE APPLY BY CLOSING DATE: 9/19/2018
SEND COVER LETTER, RESUME, LAKE ELMO APPLICATION TO: CITY OF LAKE ELMO ATTN: Jake Foster, ASSISTANT CITY ADMINISTRATOR 3880 LAVERNE AVENUE NORTH, LAKE ELMO, MN 55042 PLEASE VISIT OUR WEBSITE AT WWW.LAKEELMO.ORG FOR ADDITIONAL INFORMATION/APPLICATION OR CONTACT US AT 651.747.3900 CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER
STAFF REPORT
DATE: September 4, 2018
CONSENT #5
AGENDA ITEM: Old Village Phase 3 Street, Drainage, and Utility Improvements - Change
Order No. 5
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director
Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 5 for the Old Village
Phase 3 Street, Drainage, and Utility Improvements?
BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract to complete the
Old Village Phase 3 Street, Drainage, and Utility Improvements on May 16, 2017.
PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC has submitted a change order to
address additional work completed to replace the crosswalk at Lake Elmo Avenue and 31st Street. The
existing crosswalk had to be removed for construction purposes but was not included in the construction
documents.
FISCAL IMPACT: This change order will increase the contract in the amount of $2,970.00 bringing the
revised construction contract to $1,586,910.42. With this change order the project remains within the
authorized project budget and contingencies.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, Change Order No. 5 for the Old Village Phase 3 Street, Drainage, and Utility Improvements. If
removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Change Order No. 5 for the Old Village Phase 3 Street, Drainage, and Utility
Improvements, thereby increasing the contract amount by $2,970.00”.
ATTACHMENTS:
1. Change Order No. 5.
CONTRACT CHANGE ORDER FORM
CHANGE ORDER NO.DATE:
TO:
UNIT
SF
Amount of Original Contract $
Sum of Additions/Deductions approved to date (CO Nos. 1,2,3,4)$
Contract Amount to date $
Amount of this Change Order (ADD) (DEDUCT) (NO CHANGE)$
Revised Contract Amount $
The Contract Period for Completion will be (UNCHANGED) (INCREASED) (DECREASED)days
APPROVED BY ENGINEER: FOCUS ENGINEERING APPROVED BY CONTRACTOR
DATE DATE
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
DATE DATE
$2,970.00
CITY OF LAKE ELMO, MINNESOTA
BYBY
CHANGE ORDER DESCRIPTION / JUSTIFICATION:
This change order is being processed to address additional work completed by the contractor to replace the crosswalk at Lake
Elmo Avenue and 31st Street. The existing crosswalk had to be removed for construction purposes but was not included in the
construction documents.
Attachments (list documents supporting change):N/A
DESCRIPTION OF PAY ITEM QTY UNITE PRICE
CO 5‐1 REMOVE AND REPLACE CROSSWALK
NET CONTRACT CHANGE
ITEM
$2,970.0090$33.00
Douglas‐Kerr Underground, LLC, 2142 330th Ave, Mora, MN 55051
OLD VILLAGE PHASE 3 IMPROVEMENTS
PROJECT NO. 2016.133
5 August 27, 2018
0
This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are
modified as follows upon execution of this Change Order.
BYENGINEER
1,576,039.15
7,901.27
1,583,940.42
2,970.00
1,586,910.42
INCREASE/(DECREASE)
8/27/2018
FOCUS Engineering, inc.CHANGE ORDER FORM
STAFF REPORT
DATE: September 4, 2018
CONSENT
ITEM # 6
AGENDA ITEM: Old Village Phase 3 Street, Drainage, and Utility Improvements –
Compensating Change Order No. 6
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director
Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Compensating Change Order No. 6 for
the Old Village Phase 3 Street, Drainage, and Utility Improvements?
BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract to complete the
Old Village Phase 3 Street, Drainage, and Utility Improvements on May 16, 2017. The contractor has
completed the work in accordance with the contract, plans, and specifications; and with approval of this
change order the contract amount will be adjusted to reflect the actual quantities installed as a part of the
project.
PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC has submitted a compensating
change order to reconcile the estimated and actual quantities installed on the project.
FISCAL IMPACT: $11,448.25 increase to the final construction contract amount.
This compensating change order will increase the final construction contract amount to $1,598,358.67. The
original construction contract amount at the time of award was $1,576,039.15. The increase is due to
increased restoration area and road stabilization efforts.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, Compensating Change Order No. 6 for the Old Village Phase 3 Street, Drainage, and Utility
Improvements. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Compensating Change Order No. 6 for the Old Village Phase 3 Street, Drainage,
and Utility Improvements, thereby increasing the contract amount by $11,448.25”.
ATTACHMENTS:
1. Compensating Change Order No. 6.
CONTRACT CHANGE ORDER FORM
CHANGE ORDER NO.DATE:
TO:
UNIT
Amount of Original Contract $
Sum of Additions/Deductions approved to date (CO Nos. 1,2,3,4,5)$
Contract Amount to date $
Amount of this Change Order (ADD) (DEDUCT) (NO CHANGE)$
Revised Contract Amount $
The Contract Period for Completion will be (UNCHANGED) (INCREASED) (DECREASED)days
APPROVED BY ENGINEER: FOCUS ENGINEERING APPROVED BY CONTRACTOR
DATE DATE
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
DATE DATE
0
This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are
modified as follows upon execution of this Change Order.
BYENGINEER
1,576,039.15
10,871.27
1,586,910.42
11,448.25
1,598,358.67
INCREASE/(DECREASE)
Douglas‐Kerr Underground, LLC, 2142 330th Ave, Mora, MN 55051
OLD VILLAGE PHASE 3 IMPROVEMENTS
PROJECT NO. 2016.133
6 August 27, 2018
ITEM
NET CONTRACT CHANGE $11,448.25
CITY OF LAKE ELMO, MINNESOTA
BYBY
CHANGE ORDER DESCRIPTION / JUSTIFICATION:
Per the project Contract Documents the original contract amount and basis of award is established using the estimated quantities
for each item of work listed in the bid schedule and multiplying them by the Contractor’s corresponding unit bid price. The
Contractor is paid for the actual final quantities installed on the project at the unit bid prices.
At the completion of the project, a compensating change order is prepared to revise the estimated quantities for each work item
listed in the bid schedule to the actual quantities installed and the corresponding Contract Amount is revised accordingly.
This compensating change order reflects a net increase to the contract amount by $11,448.25.
Attachments (list documents supporting change):Itemization of Materials
DESCRIPTION OF PAY ITEM QTY UNITE PRICE
**See attached itemization
8/27/2018
FOCUS Engineering, inc.CHANGE ORDER FORM
CHANGE ORDER NO. 6
OLD VILLAGE PHASE 3 IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2016.133
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT NET CHANGE AMOUNT
1 Mobilization LS 1 $58,045.95 $58,045.95 1.00 $58,045.95 0.00 $0.00
2 Clearing & Grubbing ACRE 1.15 $6,000.00 $6,900.00 1.20 $7,200.00 0.05 $300.00
3 Clearing & Grubbing TREE 42 $200.00 $8,400.00 43.00 $8,600.00 1.00 $200.00
4 Remove Water Main Pipe LF 2884 $1.20 $3,460.80 2780.00 $3,336.00 ‐104.00 ‐$124.80
5 Remove Sewer Pipe (Storm)LF 144 $11.45 $1,648.80 101.00 $1,156.45 ‐43.00 ‐$492.35
6 Remove Concrete Curb & Gutter LF 440 $3.00 $1,320.00 378.00 $1,134.00 ‐62.00 ‐$186.00
7 Remove Backstop Fence EACH 1 $450.00 $450.00 1.00 $450.00 0.00 $0.00
8 Pulverize Bituminous Pavement (P)SY 10246 $1.10 $11,270.60 10246.00 $11,270.60 0.00 $0.00
9 Remove Bituminous Driveway & Parking Lot Pavement SY 765 $3.75 $2,868.75 767.00 $2,876.25 2.00 $7.50
10 Remove Concrete Driveway Pavement SY 300 $6.25 $1,875.00 491.00 $3,068.75 191.00 $1,193.75
11 Remove Catch Basin or Manhole (Storm)EACH 3 $260.00 $780.00 3.00 $780.00 0.00 $0.00
12 Remove Gate Valve & Box EACH 14 $90.00 $1,260.00 7.00 $630.00 ‐7.00 ‐$630.00
13 Remove Hydrant EACH 6 $450.00 $2,700.00 6.00 $2,700.00 0.00 $0.00
14 Sawing Concrete Pavement (Full Depth)LF 240 $3.50 $840.00 157.50 $551.25 ‐82.50 ‐$288.75
15 Sawing Bit Pavement (Full Depth)LF 610 $2.75 $1,677.50 470.00 $1,292.50 ‐140.00 ‐$385.00
16 Salvage and Install Fence LF 200 $27.00 $5,400.00 165.00 $4,455.00 ‐35.00 ‐$945.00
17 Salvage Retaining Wall LF 100 $24.00 $2,400.00 90.00 $2,160.00 ‐10.00 ‐$240.00
18 Salvage Sign (Type C or Street Name Sign)EACH 8 $35.00 $280.00 8.00 $280.00 0.00 $0.00
19 Salvage & Install Sign Type C EACH 5 $160.00 $800.00 5.00 $800.00 0.00 $0.00
20 Salvage & Install Mailbox Assembly EACH 26 $90.00 $2,340.00 28.00 $2,520.00 2.00 $180.00
21 Salvage & Install Pavers (Incl. Flagstone Steps & Wall)SF 200 $23.00 $4,600.00 132.00 $3,036.00 ‐68.00 ‐$1,564.00
22 Common Excavation (P)CY 12605 $10.85 $136,764.25 12605.00 $136,764.25 0.00 $0.00
23 Infiltration Basin Excavation (EV)CY 467 $32.50 $15,177.50 0.00 $0.00 ‐467.00 ‐$15,177.50
24 Subgrade Correction (EV)(Includes Select Granular Borrow ‐ Mod 5%)CY 400 $29.85 $11,940.00 78.00 $2,328.30 ‐322.00 ‐$9,611.70
25 Select Granular Borrow ‐ Mod. 5% (CV)(P)CY 7764 $19.00 $147,516.00 7764.00 $147,516.00 0.00 $0.00
26 Geotextile Fabric, Type V SY 1000 $1.50 $1,500.00 4791.30 $7,186.95 3791.30 $5,686.95
27 Agg. Base, Cl. 6 (CV) (P)CY 2288 $31.95 $73,101.60 2342.00 $74,826.90 54.00 $1,725.30
28 Street Sweeping HOUR 40 $150.00 $6,000.00 58.75 $8,812.50 18.75 $2,812.50
29 Bit. Material for Tack Coat GAL 501 $1.40 $701.40 460.00 $644.00 ‐41.00 ‐$57.40
30 Type SP 9.5 Wearing Course Mix (2,C) (Parking Lots, Driveways & BikeTON 230 $101.00 $23,230.00 269.78 $27,247.78 39.78 $4,017.78
31 Type SP 9.5 Wearing Course Mix (3,B) TON 590 $54.50 $32,155.00 610.87 $33,292.42 20.87 $1,137.42
32 Type SP 9.5 Wearing Course Mix (3,C) TON 315 $63.00 $19,845.00 333.90 $21,035.70 18.90 $1,190.70
33 Type SP 12.5 Wearing Course Mix (3,B)TON 790 $48.75 $38,512.50 789.11 $38,469.11 ‐0.89 ‐$43.39
34 Type SP 12.5 Wearing Course Mix (3,.C)TON 420 $56.25 $23,625.00 420.85 $23,672.81 0.85 $47.81
35 Bituminous Wedge Paving TON 170 $0.01 $1.70 203.91 $2.04 33.91 $0.34
36 Saw & Seal Joint (40' Intervals)LF 1400 $3.25 $4,550.00 1726.00 $5,609.50 326.00 $1,059.50
37 Pipe Foundation Rock LF 1600 $0.01 $16.00 0.00 $0.00 ‐1600.00 ‐$16.00
38 15" RC Pipe Apron w/Trash Guard EACH 1 $1,024.05 $1,024.05 1.00 $1,024.05 0.00 $0.00
39 18" RC Pipe Apron w/Trash Guard EACH 1 $1,095.10 $1,095.10 0.00 $0.00 ‐1.00 ‐$1,095.10
40 21" RC Pipe Apron w/Trash Guard EACH 2 $1,470.00 $2,940.00 0.00 $0.00 ‐2.00 ‐$2,940.00
41 36" Span RC Pipe‐Arch Apron w/Trash Guard EACH 2 $2,466.45 $4,932.90 2.00 $4,932.90 0.00 $0.00
42 Infiltration Basin Underdrain System LF 410 $0.01 $4.10 0.00 $0.00 ‐410.00 ‐$4.10
43 4" PVC Perf. Edge Drain w/ Backfill & Wrap LF 1300 $10.50 $13,650.00 1100.00 $11,550.00 ‐200.00 ‐$2,100.00
44 Draintile Cleanout EACH 20 $175.00 $3,500.00 0.00 $0.00 ‐20.00 ‐$3,500.00
45 8" PVC Pipe Sewer (SDR 26)LF 3236 $35.10 $113,583.60 3236.00 $113,583.60 0.00 $0.00
46 12" RC Pipe Sewer, Des 3006 CL V LF 125 $36.55 $4,568.75 125.00 $4,568.75 0.00 $0.00
47 15" RC Pipe Sewer, Des 3006 CL V LF 741 $32.60 $24,156.60 678.00 $22,102.80 ‐63.00 ‐$2,053.80
48 18" RC Pipe Sewer, Des 3006 CL V LF 350 $30.35 $10,622.50 282.00 $8,558.70 ‐68.00 ‐$2,063.80
49 21" RC Pipe Sewer, Des 3006 CL III LF 178 $37.85 $6,737.30 117.00 $4,428.45 ‐61.00 ‐$2,308.85
50 36" Span RC Pipe‐Arch Sewer CL IIA LF 101 $100.90 $10,190.90 109.00 $10,998.10 8.00 $807.20
51 Connect to Existing Sanitary Sewer EACH 2 $2,939.55 $5,879.10 2.00 $5,879.10 0.00 $0.00
52 Construct Drainage Structure 2'x3' (w/ CasƟng)EACH 7 $1,580.75 $11,065.25 6.00 $9,484.50 ‐1.00 ‐$1,580.75
53 Construct Drainage Structure Des. CC ‐ 48" (w/ CasƟng) EACH 8 $2,432.30 $19,458.40 10.00 $24,323.00 2.00 $4,864.60
54 Construct Drainage Structure Des. CC ‐ 60" (w/ CasƟng) EACH 2 $3,484.05 $6,968.10 1.00 $3,484.05 ‐1.00 ‐$3,484.05
55 Construct Drainage Structure Des. CC ‐ 72" (w/ CasƟng) EACH 1 $3,940.80 $3,940.80 0.00 $0.00 ‐1.00 ‐$3,940.80
56 Construct Drainage Structure Des. CC ‐ 84" (w/ CasƟng) EACH 1 $4,945.05 $4,945.05 1.00 $4,945.05 0.00 $0.00
57 8"X4" PVC Wye, SDR 26 EACH 21 $500.75 $10,515.75 21.00 $10,515.75 0.00 $0.00
58 8"X6" PVC Wye, SDR 26 EACH 9 $1,004.55 $9,040.95 6.00 $6,027.30 ‐3.00 ‐$3,013.65
59 6" Clean‐Out Assembly (SCH 40)EACH 4 $324.60 $1,298.40 0.00 $0.00 ‐4.00 ‐$1,298.40
60 2" Pressure Cleanout & CurbstopAssembly EACH 1 $986.40 $986.40 1.00 $986.40 0.00 $0.00
61 2"x1‐1/4" Fused Tee EACH 4 $254.20 $1,016.80 4.00 $1,016.80 0.00 $0.00
62 1‐1/4" Curb Stop & Box EACH 5 $429.50 $2,147.50 5.00 $2,147.50 0.00 $0.00
63 4" PVC Sanitary Service Pipe ‐ Sch40 LF 815 $11.05 $9,005.75 869.00 $9,602.45 54.00 $596.70
64 6" PVC Sanitary Service Pipe ‐ Sch40 LF 760 $20.45 $15,542.00 340.00 $6,953.00 ‐420.00 ‐$8,589.00
65 1‐1/4" HDPE Service Pipe LF 250 $9.70 $2,425.00 254.00 $2,463.80 4.00 $38.80
66 2" HDPE Pressure Pipe LF 290 $14.15 $4,103.50 470.00 $6,650.50 180.00 $2,547.00
67 Tracer Wire Box ‐ (at property line)EACH 36 $167.60 $6,033.60 36.00 $6,033.60 0.00 $0.00
68 Sanitary Sewer Manhole (10' Deep)EACH 14 $3,175.50 $44,457.00 15.00 $47,632.50 1.00 $3,175.50
69 Sanitary Sewer Manhole Extra Depth LF 48 $137.15 $6,583.20 49.18 $6,745.04 1.18 $161.84
70 Sewer Televising LF 3236 $1.25 $4,045.00 3236.00 $4,045.00 0.00 $0.00
71 2" Rigid Insulation SY 120 $14.30 $1,716.00 147.00 $2,102.10 27.00 $386.10
72 Temporary Water Service LS 1 $25,028.00 $25,028.00 1.00 $25,028.00 0.00 $0.00
73 1" Corporation Stop EACH 27 $279.20 $7,538.40 27.00 $7,538.40 0.00 $0.00
COMPENSATING CHANGE ORDER
NO. 6
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT TOTAL TO DATE
74 2" Corporation Stop EACH 3 $726.45 $2,179.35 2.00 $1,452.90 ‐1.00 ‐$726.45
75 1" Curb Stop & Box EACH 27 $362.85 $9,796.95 27.00 $9,796.95 0.00 $0.00
76 2" Curb Stop & Box EACH 3 $839.00 $2,517.00 3.00 $2,517.00 0.00 $0.00
77 8" x 1 ‐1/4" Saddle Tap EACH 1 $390.95 $390.95 1.00 $390.95 0.00 $0.00
78 Connect to Existing Water Main EACH 3 $1,025.40 $3,076.20 3.00 $3,076.20 0.00 $0.00
79 Connect to Existing Water Service EACH 34 $382.35 $12,999.90 32.00 $12,235.20 ‐2.00 ‐$764.70
80 Hydrant EACH 8 $4,199.10 $33,592.80 11.00 $46,190.10 3.00 $12,597.30
81 6" Gate Valve & Box EACH 14 $1,586.10 $22,205.40 15.00 $23,791.50 1.00 $1,586.10
82 8" Gate Valve & Box EACH 8 $2,036.45 $16,291.60 8.00 $16,291.60 0.00 $0.00
83 16" Butterfly Valve & Box EACH 4 $3,023.65 $12,094.60 4.00 $12,094.60 0.00 $0.00
84 1" Type K Copper Pipe LF 1095 $9.20 $10,074.00 1181.00 $10,865.20 86.00 $791.20
85 2" Type K Copper Pipe LF 90 $22.95 $2,065.50 60.00 $1,377.00 ‐30.00 ‐$688.50
86 6" Water Main DIP ‐ CL 52 (Poly Encased)LF 394 $24.45 $9,633.30 267.00 $6,528.15 ‐127.00 ‐$3,105.15
87 8" Water Main DIP ‐ CL 52 (Poly Encased)LF 2424 $32.30 $78,295.20 2441.00 $78,844.30 17.00 $549.10
88 16" Water Main DIP ‐ CL 52 (Poly Encased)LF 892 $60.95 $54,367.40 892.00 $54,367.40 0.00 $0.00
89 Water Main Fittings LB 3606 $3.25 $11,719.50 3726.00 $12,109.50 120.00 $390.00
90 Random Rip‐Rap, Class III (includes Geotextile Fabric)CY 40 $115.00 $4,600.00 33.00 $3,795.00 ‐7.00 ‐$805.00
91 5" Concrete Walk SF 5100 $4.90 $24,990.00 5083.00 $24,906.70 ‐17.00 ‐$83.30
92 6" Concrete Walk ‐ Pedestrian Ramp SF 480 $6.10 $2,928.00 710.00 $4,331.00 230.00 $1,403.00
93 B612 Concrete Curb & Gutter LF 365 $19.00 $6,935.00 166.00 $3,154.00 ‐199.00 ‐$3,781.00
94 B618 Concrete Curb & Gutter LF 5525 $12.25 $67,681.25 5518.00 $67,595.50 ‐7.00 ‐$85.75
95 6" Concrete Driveway Pavement SY 300 $47.75 $14,325.00 423.00 $20,198.25 123.00 $5,873.25
96 8" Concrete Driveway Pavement SY 125 $55.75 $6,968.75 119.00 $6,634.25 ‐6.00 ‐$334.50
97 Truncated Domes SF 72 $30.00 $2,160.00 92.50 $2,775.00 20.50 $615.00
98 Traffic Control LS 1 $2,300.00 $2,300.00 1.00 $2,300.00 0.00 $0.00
99 Sign Panels, Type C SF 21 $43.50 $913.50 21.00 $913.50 0.00 $0.00
100 Sign, Type Special (Street Name)EACH 3 $495.00 $1,485.00 3.00 $1,485.00 0.00 $0.00
101 Silt Fence, Preassembled LF 2400 $1.25 $3,000.00 715.00 $893.75 ‐1685.00 ‐$2,106.25
102 Storm Drain Inlet Protection EACH 23 $125.00 $2,875.00 30.00 $3,750.00 7.00 $875.00
103 Filter Topsoil Borrow (Pulverized) (LV)CY 125 $39.50 $4,937.50 0.00 $0.00 ‐125.00 ‐$4,937.50
104 Common Topsoil Borrow (Pulverized) (LV)CY 1500 $24.75 $37,125.00 949.00 $23,487.75 ‐551.00 ‐$13,637.25
105 Sodding, Type Mineral SY 6300 $5.25 $33,075.00 11095.00 $58,248.75 4795.00 $25,173.75
106 Seeding (Seed Mixture Type 25‐131)ACRE 2 $1,108.00 $2,216.00 0.00 $0.00 ‐2.00 ‐$2,216.00
107 Seeding (Seed Mixture Type Basin)ACRE 0.2 $777.00 $155.40 0.00 $0.00 ‐0.20 ‐$155.40
108 Erosion Control Blanket Category 3N SY 2400 $1.35 $3,240.00 2875.00 $3,881.25 475.00 $641.25
109 Sediment Control Log LF 800 $2.10 $1,680.00 160.00 $336.00 ‐640.00 ‐$1,344.00
110 6' Wide Agg. Lime Walking Trail LF 700 $15.50 $10,850.00 630.00 $9,765.00 ‐70.00 ‐$1,085.00
111 Temporary Rock Construction Entrance EACH 4 $1,400.00 $5,600.00 0.00 $0.00 ‐4.00 ‐$5,600.00
TOTALS ‐ BASE CONTRACT $1,576,039.15 $1,549,481.45 ‐$26,557.70
CHANGE ORDER NO. 1
CO1‐1 REMOVE INFILTRATION BASIN EXCAVATION (EV)CY ‐467.0 $32.50 ‐$15,177.50 0.00 $0.00 467.00 $15,177.50
CO1‐2 REMOVE 15" RC PIPE APRON W/TRASH GUARD EACH ‐1.0 $1,024.05 ‐$1,024.05 0.00 $0.00 1.00 $1,024.05
CO1‐3 REMOVE 21" RC PIPE APRON W/TRASH GUARD EACH ‐1.0 $1,470.00 ‐$1,470.00 0.00 $0.00 1.00 $1,470.00
CO1‐4 REMOVE INFILTRATION BASIN UNDERDRAIN SYSTEM LF ‐410.0 $0.01 ‐$4.10 0.00 $0.00 410.00 $4.10
CO1‐5 REMOVE FILTER TOPSOIL BORROW (PULVERIZED) (LV)CY ‐125.0 $39.50 ‐$4,937.50 0.00 $0.00 125.00 $4,937.50
CO1‐6 8" C900 PIPE SEWER LF 230.0 $68.90 $15,847.00 236.00 $16,260.40 6.00 $413.40
CO1‐7 8"X6" C900 WYE EACH 3.0 $1,299.50 $3,898.50 3.00 $3,898.50 0.00 $0.00
CO1‐8 REMOVE 8"X6" PVC WYE, SDR 26 EACH ‐3.0 $1,004.55 ‐$3,013.65 0.00 $0.00 3.00 $3,013.65
CO1‐9 REMOVE 6" CLEAN‐OUT ASSEMBLY (SCH 40)EACH ‐4.0 $324.60 ‐$1,298.40 0.00 $0.00 4.00 $1,298.40
CO1‐10 REMOVE 6" PVC SANITARY SERVICE PIPE ‐ SCH 40 LF ‐460.0 $20.45 ‐$9,407.00 0.00 $0.00 460.00 $9,407.00
TOTALS ‐ CHANGE ORDER NO. 1 ‐$16,586.70 $20,158.90 $36,745.60
CHANGE ORDER NO. 2
CO2‐1 BONDED FIBER MATRIX MULCH AC 2.0 $3,450.00 $6,900.00 1.27 $4,381.50 ‐0.73 ‐$2,518.50
CO2‐2 REMOVE SHED LS 1.0 $650.00 $650.00 1.00 $650.00 0.00 $0.00
CO2‐3 MULCH CY 20.0 $88.00 $1,760.00 20.00 $1,760.00 0.00 $0.00
CO2‐4 BLACK VINYL COATED FENCE LF 15.0 $51.70 $775.50 15.00 $775.50 0.00 $0.00
TOTALS ‐ CHANGE ORDER NO. 2 $10,085.50 $7,567.00 ‐$2,518.50
CHANGE ORDER NO. 3
CO3‐1 CONTRACTOR CREW TIME HR 9.0 $900.00 $8,100.00 9.00 $8,100.00 0.00 $0.00
CO3‐2 SERVICE PIPE MATERIALS LS 1.0 $391.15 $391.15 1.00 $391.15 0.00 $0.00
CO3‐3 HYDRANT EXTENSION EA 1.0 $524.92 $524.92 1.00 $524.92 0.00 $0.00
TOTALS ‐ CHANGE ORDER NO. 3 $9,016.07 $9,016.07 $0.00
CHANGE ORDER NO. 4
CO4‐1 24" RC PIPE LF 112.0 $43.35 $4,855.20 112.00 $4,855.20 0.00 $0.00
CO4‐2 24" RC PIPE APRON W/ TRASH GUARD EA 1.0 $1,740.05 $1,740.05 1.0 $1,740.05 0.00 $0.00
CO4‐3 REMOVE 21" RC PIPE SEWER, DES, 3006 CL III LF ‐61.0 $37.85 ‐$2,308.85 0.0 $0.00 61.00 $2,308.85
CO4‐4 REMOVE 21" RC PIPE APRON W/TRASH GUARD EA ‐1.0 $1,470.00 ‐$1,470.00 0.0 $0.00 1.00 $1,470.00
CO4‐5 DISPOSE OF CONCRETE PILLAR MONUMENT EA 1.0 $450.00 $450.00 1.0 $450.00 0.00 $0.00
CO4‐6 ADD BARREL SECTION TO SANITARY SEWER MANHOLE LS 1.0 $2,120.00 $2,120.00 1.0 $2,120.00 0.00 $0.00
TOTALS ‐ CHANGE ORDER NO. 4 $5,386.40 $9,165.25 $3,778.85
CHANGE ORDER NO. 5
CO5‐1 REMOVE AND REPLACE CROSSWALK SF 90.0 $33.00 $2,970.00 90 $2,970.00 0.0 $0.00
TOTALS ‐ CHANGE ORDER NO. 5 $2,970.00 $2,970.00 $0.00
TOTALS ‐ REVISED CONTRACT $1,586,910.42 $1,598,358.67 $11,448.25
STAFF REPORT
DATE: September 4, 2018
CONSENT
ITEM # 7
AGENDA ITEM: Old Village Phase 3: Street, Drainage and Utility Improvements – Accept
Improvements and Approve Pay Request No. 8 (Final)
SUBMITTED BY: Chad Isakson, Project Engineer
REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director
Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council accept the Old Village Phase 3: Street, Drainage,
and Utility Improvements and approve Pay Request No. 8 (Final) to Douglas-Kerr Underground, LLC?
BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract on May 16,
2017 to complete the Old Village Phase 3 Street, Drainage and Utility Improvements. The Project Engineer
has prepared a Certificate of Completion indicating that all work is completed including all punch list items
and is recommending acceptance of the improvements and release of final retainage. Project acceptance
will initiate the one-year warranty period for the improvements. The one-year warranty will begin on
September 4, 2018 and will extend through September 4, 2019.
PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC, has submitted Partial Pay
Request No. 8 (Final) in the amount of $112,222.22. The work has been reviewed by the Engineer and is
fully completed in accordance with the Contract, Specifications, and Change Orders. The City Council is
respectfully requested to consider accepting the improvements and approving Pay Request No. 8 (Final)
for the Old Village Phase 3: Street, Drainage, and Utility Improvements.
FISCAL IMPACT: The final total construction cost for the project is $1,598,358.67, which is 1.4% over
the original contract award amount of $1,576,039.15. The project remains within the total project budget
approved by Council. A breakdown comparing the total project costs at time of award to final costs are
outlined in the table below.
Authorized Project
Final Project Costs
TOTAL PROJECT COSTS: $2,200,500 $2,052,500
Breakdown:
Street, Sidewalk and Storm Sewer
Improvements $1,097,000 $1,014,300
Sanitary Sewer Improvements $604,800 $559,600
Water System Improvements $467,700 $452,900
Bituminous Trail $31,000 $25,700
RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent
Agenda, accepting the Old Village Phase 3: Street, Drainage and Utility Improvements and approving Pay
Request No. 8 in the amount of $112,222.22. If removed from the consent agenda, the recommended motion
for the action is as follows:
“Move to accept the improvements and approve Pay Request No. 8 to Douglas-Kerr Underground,
LLC in the amount of $112,222.22 for the Old Village Phase 3: Street, Drainage and Utility
Improvements project”.
ATTACHMENTS:
1. Partial Pay Estimate No. 8 (Final).
2. Certificate of Completion.
PROJECT PAY FORM
PARTIAL PAY ESTIMATE NO.
PERIOD OF ESTIMATE
TO
PROJECT OWNER:CONTRACTOR:
1. Original Contract Amount
2. Net Change Order Sum
3. Revised Contract (1+2)
4. *Work Completed
5. *Stored Materials
6. Subtotal (4+5)
7. Retainage*
8. Previous Payments
9. Amount Due (6‐7‐8)
*Detailed Breakdown Attached
START DATE:ON SCHEDULE
SUBSTANTIAL COMPLETION:X
FINAL COMPLETION:
ENGINEER'S CERTIFICATION:FOCUS ENGINEERING, Inc.
DATE
CONTRACTOR'S CERTIFICATION:CONTRACTOR
DATE
APPROVED BY OWNER:CITY OF LAKE ELMO, MINNESOTA
DATE DATE
BY
BY
YES
NO
The undersigned Contractor certifies that to the best of their
knowledge, information and belief the work covered by this payment
estimate has been completed in accordance with the contract
documents, that all amounts have been paid by the contractor for
work for which previous payment estimates was issued and payments
received from the owner, and that current payment shown herein is
now due.
The undersigned certifies that the work has been reviewed and to the
best of their knowledge and belief, the quantities shown in this
estimate are correct and the work has been performed in accordance
with the contract documents.
ENGINEER
BY
5/16/2017
6/30/2018
REVISED DAYS
REMAINING
410
0
‐53
10/20/2017
ORIGINAL DAYS
CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY
8 (Final)
8/22/20186/9/2018FROM
OLD VILLAGE PHASE 3 IMPROVEMENTS
PROJECT NO. 2016.133
CITY OF LAKE ELMO
3880 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
ATTN: JACK GRIFFIN, CITY ENGINEER
DOUGLAS‐KERR UNDERGROUND, LLC
2142 330TH AVE
MORA, MN 55051
ATTN: DENNY DOUGLAS
CONTRACT TIME
TOTALS $38,906.22 $16,586.70 $112,222.22
NET CHANGE $22,319.52
5 9/4/2018 $2,970.00 $0.000.0%
6 9/4/2018 $11,448.25 $1,486,136.45
3 10/17/2017 $9,016.07 $0.00
4 2/7/2018 $5,386.40 $1,598,358.67
1 7/5/2017 $16,586.70 $1,598,358.67
2 9/5/2017 $10,085.50 $1,598,358.67
No.Approval
Date
Amount $1,576,039.15
Additions Deductions $22,319.52
8/27/2018
FOCUS Engineering, inc.PROJECT PAYMENT FORM
PARTIAL PAY ESTIMATE NO. 8 (Final)
OLD VILLAGE PHASE 3 IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2016.133
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
1 LS 1
$58,045.95 $58,045.95 0.25 $14,511.49 1.00 $58,045.95
2 ACRE 1.15
$6,000.00 $6,900.00 0.00 $0.00 1.20 $7,200.00
3 TREE 42
$200.00 $8,400.00 0.00 $0.00 43.00 $8,600.00
4 LF 2884
$1.20 $3,460.80 0.00 $0.00 2,780.00 $3,336.00
5 LF 144
$11.45 $1,648.80 0.00 $0.00 101.00 $1,156.45
6 LF 440
$3.00 $1,320.00 0.00 $0.00 378.00 $1,134.00
7 EACH 1
$450.00 $450.00 0.00 $0.00 1.00 $450.00
8 SY 10246
$1.10 $11,270.60 0.00 $0.00 10,246.00 $11,270.60
9 SY 765
$3.75 $2,868.75 22.20 $83.25 767.00 $2,876.25
10 SY 300
$6.25 $1,875.00 ‐0.44 ‐$2.75 491.00 $3,068.75
11 EACH 3
$260.00 $780.00 0.00 $0.00 3.00 $780.00
12 EACH 14
$90.00 $1,260.00 0.00 $0.00 7.00 $630.00
13 EACH 6
$450.00 $2,700.00 0.00 $0.00 6.00 $2,700.00
14 LF 240
$3.50 $840.00 0.00 $0.00 157.50 $551.25
15 LF 610
$2.75 $1,677.50 0.00 $0.00 470.00 $1,292.50
16 LF 200 $27.00 $5,400.00 0.00 $0.00 165.00 $4,455.00
17 LF 100 $24.00 $2,400.00 0.00 $0.00 90.00 $2,160.00
18 EACH 8 $35.00 $280.00 0.00 $0.00 8.00 $280.00
19 EACH 5 $160.00 $800.00 0.00 $0.00 5.00 $800.00
20 EACH 26 $90.00 $2,340.00 0.50 $45.00 28.00 $2,520.00
21 SF 200 $23.00 $4,600.00 0.00 $0.00 132.00 $3,036.00
22 CY 12605 $10.85 $136,764.25 0.00 $0.00 12,605.00 $136,764.25
23 CY 467 $32.50 $15,177.50 0.00 $0.00 0.00 $0.00
24 CY 400 $29.85 $11,940.00 0.40 $11.94 78.00 $2,328.30
25 CY 7764 $19.00 $147,516.00 0.00 $0.00 7,764.00 $147,516.00
26 SY 1000 $1.50 $1,500.00 0.00 $0.00 4,791.30 $7,186.95
27 CY 2288 $31.95 $73,101.60 0.00 $0.00 2,342.00 $74,826.90
28 HOUR 40 $150.00 $6,000.00 0.00 $0.00 58.75 $8,812.50
29 GAL 501 $1.40 $701.40 0.00 $0.00 460.00 $644.00
30 TON 230 $101.00 $23,230.00 16.52 $1,668.52 269.78 $27,247.78
31 TON 590 $54.50 $32,155.00 0.00 $0.00 610.87 $33,292.42
32 TON 315 $63.00 $19,845.00 0.00 $0.00 333.90 $21,035.70
33 TON 790 $48.75 $38,512.50 0.00 $0.00 789.11 $38,469.11
34 TON 420 $56.25 $23,625.00 0.00 $0.00 420.85 $23,672.81
35 TON 170 $0.01 $1.70 0.00 $0.00 203.91 $2.04
36 LF 1400 $3.25 $4,550.00 1,726.00 $5,609.50 1,726.00 $5,609.50
37 LF 1600 $0.01 $16.00 0.00 $0.00 0.00 $0.00
38 EACH 1 $1,024.05 $1,024.05 0.00 $0.00 1.00 $1,024.05
39 EACH 1 $1,095.10 $1,095.10 0.00 $0.00 0.00 $0.00
40 EACH 2 $1,470.00 $2,940.00 0.00 $0.00 0.00 $0.00
41 EACH 2 $2,466.45 $4,932.90 0.00 $0.00 2.00 $4,932.90
42 LF 410 $0.01 $4.10 0.00 $0.00 0.00 $0.00
43 LF 1300 $10.50 $13,650.00 0.00 $0.00 1,100.00 $11,550.00
44 EACH 20 $175.00 $3,500.00 0.00 $0.00 0.00 $0.00
45 LF 3236 $35.10 $113,583.60 0.00 $0.00 3,236.00 $113,583.60
46 LF 125 $36.55 $4,568.75 0.00 $0.00 125.00 $4,568.75
47 LF 741 $32.60 $24,156.60 0.00 $0.00 678.00 $22,102.80
48 LF 350 $30.35 $10,622.50 0.00 $0.00 282.00 $8,558.70
49 LF 178 $37.85 $6,737.30 0.00 $0.00 117.00 $4,428.45
50 LF 101 $100.90 $10,190.90 0.00 $0.00 109.00 $10,998.10
51 EACH 2 $2,939.55 $5,879.10 0.00 $0.00 2.00 $5,879.10
52 EACH 7 $1,580.75 $11,065.25 0.00 $0.00 6.00 $9,484.50
53 EACH 8 $2,432.30 $19,458.40 0.00 $0.00 10.00 $24,323.00
54 EACH 2 $3,484.05 $6,968.10 0.00 $0.00 1.00 $3,484.05
55 EACH 1 $3,940.80 $3,940.80 0.00 $0.00 0.00 $0.00
56 EACH 1 $4,945.05 $4,945.05 0.00 $0.00 1.00 $4,945.05
57 EACH 21 $500.75 $10,515.75 0.00 $0.00 21.00 $10,515.75
58 EACH 9 $1,004.55 $9,040.95 0.00 $0.00 6.00 $6,027.30
59 EACH 4 $324.60 $1,298.40 0.00 $0.00 0.00 $0.00
60 EACH 1 $986.40 $986.40 0.00 $0.00 1.00 $986.40
61 EACH 4 $254.20 $1,016.80 0.00 $0.00 4.00 $1,016.80
62 EACH 5 $429.50 $2,147.50 0.00 $0.00 5.00 $2,147.50
63 LF 815 $11.05 $9,005.75 0.00 $0.00 869.00 $9,602.45
64 LF 760 $20.45 $15,542.00 0.00 $0.00 340.00 $6,953.00
65 LF 250 $9.70 $2,425.00 0.00 $0.00 254.00 $2,463.80
66 LF 290 $14.15 $4,103.50 0.00 $0.00 470.00 $6,650.50
67 EACH 36 $167.60 $6,033.60 36.00 $6,033.60 36.00 $6,033.60
68 EACH 14 $3,175.50 $44,457.00 0.00 $0.00 15.00 $47,632.50
69 LF 48 $137.15 $6,583.20 0.00 $0.00 49.18 $6,745.04
70 LF 3236 $1.25 $4,045.00 0.00 $0.00 3,236.00 $4,045.00
71 SY 120 $14.30 $1,716.00 ‐0.09 ‐$1.29 147.00 $2,102.10
72 LS 1 $25,028.00 $25,028.00 0.00 $0.00 1.00 $25,028.00
73 EACH 27 $279.20 $7,538.40 0.00 $0.00 27.00 $7,538.40
74 EACH 3 $726.45 $2,179.35 0.00 $0.00 2.00 $1,452.90
75 EACH 27 $362.85 $9,796.95 0.00 $0.00 27.00 $9,796.95
76 EACH 3 $839.00 $2,517.00 0.00 $0.00 3.00 $2,517.00
77 EACH 1 $390.95 $390.95 0.00 $0.00 1.00 $390.95
78 EACH 3 $1,025.40 $3,076.20 0.00 $0.00 3.00 $3,076.20
Type SP 12.5 Wearing Course Mix (3,B)
Type SP 12.5 Wearing Course Mix (3,.C)
Bituminous Wedge Paving
Saw & Seal Joint (40' Intervals)
Pipe Foundation Rock
Clearing & Grubbing
Clearing & Grubbing
Salvage & Install Mailbox Assembly
Salvage & Install Pavers (Incl. Flagstone Steps & Wall)
Common Excavation (P)
Infiltration Basin Excavation (EV)
Subgrade Correction (EV)(Includes Select Granular Borrow ‐ Mod 5%)
Select Granular Borrow ‐ Mod. 5% (CV)(P)
Geotextile Fabric, Type V
Remove Water Main Pipe
Remove Sewer Pipe (Storm)
Remove Backstop Fence
Remove Concrete Curb & Gutter
Sawing Concrete Pavement (Full Depth)
Sawing Bit Pavement (Full Depth)
Salvage Retaining Wall
Agg. Base, Cl. 6 (CV) (P)
Street Sweeping
Bit. Material for Tack Coat
Type SP 9.5 Wearing Course Mix (2,C) (Parking Lots, Driveways & Bike Trails
Remove Hydrant
Type SP 9.5 Wearing Course Mix (3,C)
Salvage & Install Sign Type C
Sewer Televising
Type SP 9.5 Wearing Course Mix (3,B)
1‐1/4" Curb Stop & Box
6" PVC Sanitary Service Pipe ‐ Sch40
4" PVC Sanitary Service Pipe ‐ Sch40
2"x1‐1/4" Fused Tee
Draintile Cleanout
8" PVC Pipe Sewer (SDR 26)
12" RC Pipe Sewer, Des 3006 CL V
15" RC Pipe Sewer, Des 3006 CL V
8"X6" PVC Wye, SDR 26
6" Clean‐Out Assembly (SCH 40)
2" Rigid Insulation
Temporary Water Service
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
DIVISION 1
Mobilization
Pulverize Bituminous Pavement (P)
Remove Bituminous Driveway & Parking Lot Pavement
Remove Concrete Driveway Pavement
Remove Catch Basin or Manhole (Storm)
Salvage and Install Fence
Salvage Sign (Type C or Street Name Sign)
Remove Gate Valve & Box
2" Pressure Cleanout & CurbstopAssembly
Construct Drainage Structure Des. CC ‐ 48" (w/ CasƟng)
Construct Drainage Structure Des. CC ‐ 60" (w/ CasƟng)
Construct Drainage Structure Des. CC ‐ 72" (w/ CasƟng)
Construct Drainage Structure Des. CC ‐ 84" (w/ CasƟng)
8"X4" PVC Wye, SDR 26
15" RC Pipe Apron w/Trash Guard
18" RC Pipe Apron w/Trash Guard
21" RC Pipe Apron w/Trash Guard
36" Span RC Pipe‐Arch Apron w/Trash Guard
Infiltration Basin Underdrain System
18" RC Pipe Sewer, Des 3006 CL V
21" RC Pipe Sewer, Des 3006 CL III
36" Span RC Pipe‐Arch Sewer CL IIA
Connect to Existing Sanitary Sewer
Construct Drainage Structure 2'x3' (w/ CasƟng)
4" PVC Perf. Edge Drain w/ Backfill & Wrap
1‐1/4" HDPE Service Pipe
2" HDPE Pressure Pipe
Tracer Wire Box ‐ (at property line)
Sanitary Sewer Manhole (10' Deep)
Sanitary Sewer Manhole Extra Depth
1" Corporation Stop
2" Corporation Stop
1" Curb Stop & Box
2" Curb Stop & Box
8" x 1 ‐1/4" Saddle Tap
Connect to Existing Water Main
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
79 EACH 34
$382.35 $12,999.90 0.00 $0.00 32.00 $12,235.20
80 EACH 8
$4,199.10 $33,592.80 0.00 $0.00 11.00 $46,190.10
81 EACH 14
$1,586.10 $22,205.40 0.00 $0.00 15.00 $23,791.50
82 EACH 8
$2,036.45 $16,291.60 0.00 $0.00 8.00 $16,291.60
83 EACH 4
$3,023.65 $12,094.60 0.00 $0.00 4.00 $12,094.60
84 LF 1095
$9.20 $10,074.00 0.00 $0.00 1,181.00 $10,865.20
85 LF 90
$22.95 $2,065.50 0.00 $0.00 60.00 $1,377.00
86 LF 394
$24.45 $9,633.30 0.00 $0.00 267.00 $6,528.15
87 LF 2424
$32.30 $78,295.20 0.00 $0.00 2,441.00 $78,844.30
88 LF 892
$60.95 $54,367.40 0.00 $0.00 892.00 $54,367.40
89 LB 3606
$3.25 $11,719.50 0.00 $0.00 3,726.00 $12,109.50
90 CY 40
$115.00 $4,600.00 0.00 $0.00 33.00 $3,795.00
91 SF 5100
$4.90 $24,990.00 0.00 $0.00 5,083.00 $24,906.70
92 SF 480
$6.10 $2,928.00 0.10 $0.61 710.00 $4,331.00
93 LF 365
$19.00 $6,935.00 0.50 $9.50 166.00 $3,154.00
94 LF 5525 $12.25 $67,681.25 0.00 $0.00 5,518.00 $67,595.50
95 SY 300 $47.75 $14,325.00 ‐0.30 ‐$14.33 423.00 $20,198.25
96 SY 125 $55.75 $6,968.75 0.20 $11.15 119.00 $6,634.25
97 SF 72 $30.00 $2,160.00 0.00 $0.00 92.50 $2,775.00
98 LS 1 $2,300.00 $2,300.00 0.25 $575.00 1.00 $2,300.00
99 SF 21 $43.50 $913.50 0.00 $0.00 21.00 $913.50
100 EACH 3 $495.00 $1,485.00 2.00 $990.00 3.00 $1,485.00
101 LF 2400 $1.25 $3,000.00 0.00 $0.00 715.00 $893.75
102 EACH 23 $125.00 $2,875.00 0.00 $0.00 30.00 $3,750.00
103 CY 125 $39.50 $4,937.50 0.00 $0.00 0.00 $0.00
104 CY 1500 $24.75 $37,125.00 28.77 $712.06 949.00 $23,487.75
105 SY 6300 $5.25 $33,075.00 0.00 $0.00 11,095.00 $58,248.75
106 ACRE 2 $1,108.00 $2,216.00 0.00 $0.00 0.00 $0.00
107 ACRE 0.2 $777.00 $155.40 0.00 $0.00 0.00 $0.00
108 SY 2400 $1.35 $3,240.00 75.00 $101.25 2,875.00 $3,881.25
109 LF 800 $2.10 $1,680.00 0.00 $0.00 160.00 $336.00
110 LF 700 $15.50 $10,850.00 0.00 $0.00 630.00 $9,765.00
111 EACH 4 $1,400.00 $5,600.00 0.00 $0.00 0.00 $0.00
$1,576,039.15 $30,344.50 $1,549,481.45
TOTALS ‐ BASE CONTRACT $1,576,039.15 $30,344.50 $1,549,481.45
CHANGE ORDER NO. 1
CO1‐1 CY ‐467.0 $32.50 ‐$15,177.50 0.00 $0.00 0.0 $0.00
CO1‐2 EACH ‐1.0 $1,024.05 ‐$1,024.05 0.00 $0.00 0.0 $0.00
CO1‐3 EACH ‐1.0 $1,470.00 ‐$1,470.00 0.00 $0.00 0.0 $0.00
CO1‐4 LF ‐410.0 $0.01 ‐$4.10 0.00 $0.00 0.0 $0.00
CO1‐5 CY ‐125.0 $39.50 ‐$4,937.50 0.00 $0.00 0.0 $0.00
CO1‐6 LF 230.0 $68.90 $15,847.00 0.00 $0.00 236.0 $16,260.40
CO1‐7 EACH 3.0 $1,299.50 $3,898.50 0.00 $0.00 3.0 $3,898.50
CO1‐8 EACH ‐3.0 $1,004.55 ‐$3,013.65 0.00 $0.00 0.0 $0.00
CO1‐9 EACH ‐4.0 $324.60 ‐$1,298.40 0.00 $0.00 0.0 $0.00
CO1‐10 LF ‐460.0 $20.45 ‐$9,407.00 0.00 $0.00 0.0 $0.00
TOTALS ‐ CHANGE ORDER NO. 1 ‐$16,586.70 $0.00 $20,158.90
CHANGE ORDER NO. 2
CO2‐1 AC 2.0 $3,450.00 $6,900.00 0.20 $690.00 1.27 $4,381.50
CO2‐2 LS 1.0 $650.00 $650.00 0.00 $0.00 1.0 $650.00
CO2‐3 CY 20.0 $88.00 $1,760.00 0.00 $0.00 20.0 $1,760.00
CO2‐4 LF 15.0 $51.70 $775.50 0.00 $0.00 15.0 $775.50
TOTALS ‐ CHANGE ORDER NO. 2 $10,085.50 $690.00 $7,567.00
CHANGE ORDER NO. 3
CO3‐1 HR 9.0 $900.00 $8,100.00 0.00 $0.00 9.00 $8,100.00
CO3‐2 LS 1.0 $391.15 $391.15 0.00 $0.00 1.0 $391.15
CO3‐3 EA 1.0 $524.92 $524.92 0.00 $0.00 1.0 $524.92
TOTALS ‐ CHANGE ORDER NO. 3 $9,016.07 $0.00 $9,016.07
CHANGE ORDER NO. 4
CO4‐1 LF 112.0 $43.35 $4,855.20 0.00 $0.00 112.00 $4,855.20
CO4‐2 EA 1.0 $1,740.05 $1,740.05 0.00 $0.00 1.0 $1,740.05
CO4‐3 LF ‐61.0 $37.85 ‐$2,308.85 0.00 $0.00 0.0 $0.00
CO4‐4 EA ‐1.0 $1,470.00 ‐$1,470.00 0.00 $0.00 0.0 $0.00
CO4‐5 EA 1.0 $450.00 $450.00 0.00 $0.00 1.0 $450.00
CO4‐6 LS 1.0 $2,120.00 $2,120.00 0.00 $0.00 1.0 $2,120.00
TOTALS ‐ CHANGE ORDER NO. 4 $5,386.40 $0.00 $9,165.25
CHANGE ORDER NO. 5
CO5‐1 SF 90.0 $33.00 $2,970.00 90.00 $2,970.00 90.00 $2,970.00
TOTALS ‐ CHANGE ORDER NO. 5 $2,970.00 $2,970.00 $2,970.00
COMPENSATING CHANGE ORDER NO. 6
CO6‐1 LS 1.0 $11,448.25 $11,448.25 0.00 $0.00 0.00 $0.00
TOTALS ‐ COMPENSATING CHANGE ORDER NO. 6 $11,448.25 $0.00 $0.00
TOTALS ‐ REVISED CONTRACT $1,598,358.67 $34,004.50 $1,598,358.67
8" C900 PIPE SEWER
REMOVE 8"X6" PVC WYE, SDR 26
REMOVE SHED
24" RC PIPE
24" RC PIPE APRON W/ TRASH GUARD
REMOVE 21" RC PIPE SEWER, DES, 3006 CL III
REMOVE 21" RC PIPE APRON W/TRASH GUARD
DISPOSE OF CONCRETE PILLAR MONUMENT
ADD BARREL SECTION TO SANITARY SEWER MANHOLE
CONTRACTOR CREW TIME
SERVICE PIPE MATERIALS
HYDRANT EXTENSION
B618 Concrete Curb & Gutter
6" Concrete Driveway Pavement
8" Concrete Driveway Pavement
Seeding (Seed Mixture Type 25‐131)
Seeding (Seed Mixture Type Basin)
Erosion Control Blanket Category 3N
Sediment Control Log
6' Wide Agg. Lime Walking Trail
Temporary Rock Construction Entrance
Truncated Domes
Traffic Control
Sign Panels, Type C
Sign, Type Special (Street Name)
Silt Fence, Preassembled
Storm Drain Inlet Protection
Filter Topsoil Borrow (Pulverized) (LV)
Common Topsoil Borrow (Pulverized) (LV)
Sodding, Type Mineral
REMOVE 21" RC PIPE APRON W/TRASH GUARD
Hydrant
6" Gate Valve & Box
8" Gate Valve & Box
16" Butterfly Valve & Box
6" Water Main DIP ‐ CL 52 (Poly Encased)
REMOVE 15" RC PIPE APRON W/TRASH GUARD
SUBTOTAL ‐ DIVISION 1
REMOVE 6" CLEAN‐OUT ASSEMBLY (SCH 40)
1" Type K Copper Pipe
2" Type K Copper Pipe
Connect to Existing Water Service
REMOVE AND REPLACE CROSSWALK
COMPENSATING CHANGE ORDER
8" Water Main DIP ‐ CL 52 (Poly Encased)
16" Water Main DIP ‐ CL 52 (Poly Encased)
Water Main Fittings
Random Rip‐Rap, Class III (includes Geotextile Fabric)
5" Concrete Walk
6" Concrete Walk ‐ Pedestrian Ramp
B612 Concrete Curb & Gutter
BONDED FIBER MATRIX MULCH
REMOVE INFILTRATION BASIN UNDERDRAIN SYSTEM
REMOVE FILTER TOPSOIL BORROW (PULVERIZED) (LV)
REMOVE 6" PVC SANITARY SERVICE PIPE ‐ SCH 40
8"X6" C900 WYE
REMOVE INFILTRATION BASIN EXCAVATION (EV)
MULCH
BLACK VINYL COATED FENCE
STAFF REPORT
DATE: September 4, 2018
CONSENT
ITEM #: 8
AGENDA ITEM: Old Village Phase 3 Street and Utility Improvements – Resolution Declaring Costs
to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for
Hearing on Proposed Assessment
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Sue Iverson, Finance Director
Sarah Sonsalla, City Attorney Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council call a final assessment hearing for the Old Village
Phase 3 Street and Utility Improvements project to be held on October 2, 2018?
BACKGROUND: The City of Lake Elmo is extending sanitary sewer to serve the existing properties in
the Old Village area to replace the use of private on-site sewage treatment systems. The projects also include
regional drainage improvements to address historic flooding issues in the Downtown area, the replacement
of aged watermain pipes and reconstructing the public streets that are disturbed during the work. The
Improvements are being constructed in phases and through separate projects. Phase 1 was constructed in
2015, Phase 2 was constructed in 2016. The Old Village Phase 3 Street and Utility Improvements project
was constructed in 2017 and 2018 and the work is now complete.
PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must
declare the amount to be assessed against the benefitting properties and Call the Hearing on the Proposed
Assessment for these improvements. The Assessment Hearing is proposed for October 2, 2018. The Final
Assessment Roll must be certified to the County Auditor by November 30, 2018.
The total project cost, at completion, is $2,052,500; down from the feasibility report cost of $2,498,100.
The tables below summarize the preliminary unit assessments from the feasibility report and the proposed
final unit assessments based on final project costs and the Adopted Feasibility Report recommendations.
The attached final assessment roll details the proposed assessment for each parcel.
For the Laverne Avenue commercial area, the final street and drainage unit assessment has been calculated
using 100% of the total Street and Drainage Improvement project costs, assessed per lineal front foot.
However, this portion of the project cost exceeded the feasibility report estimate and the unit assessment is
not allowed to be increased. Therefore, the feasibility report unit assessment for the commercial properties
was held at the preliminary assessment amount of $205 / linear foot or 93% of the total project costs.
Laverne Avenue Area, North of
CSAH14
Feasibility Report
Assessment Rate
Final Assessment
Rate Difference
Street and Storm Sewer
Improvements
$205 / Linear Foot $205 / Linear Foot $0
Sanitary Sewer Improvements $11,300 / SAC $11,300 / SAC $0
Watermain Assessment Rate $0 $34,837* $34,837
*The owner of 3825 Lake Elmo Avenue North requested water service be extended to their property and signed a
waiver of assessment to complete the work.
For the 31st Street neighborhood, the street and drainage improvements were assessed at 30% of the total
project costs, assessed per unit (or residential household). In accordance with the City assessment policy,
one property is being assessed 50% of the unit assessment because they have a driveway access to two
different streets and will be assessed for improvements to each street project.
31st Street Neighborhood Feasibility Report
Assessment Rate
Final Assessment
Rate Difference
Street and Storm Sewer
Improvements
$8,700 $6,900 ($1,800)
Sanitary Sewer Improvements $11,300 / SAC $11,300 / SAC $0
FISCAL IMPACT: The total project cost is $2,052,500 with the City cost share at $890,838, including
$447,075 for the street and drainage improvements and $418,063 for watermain improvements. The
remaining costs are proposed to be assessed against the benefitting properties consistent with the City’s
Special Assessment Policy including proposed assessments in the amount of $567,225 for the street and
drainage improvements, $983,100 for the sanitary sewer improvements, and $34,837 for watermain
improvements. The remainder of watermain improvements will be funded through the water enterprise fund
and the trail improvements will be funded through the park funds.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, a Resolution declaring the costs to be assessed; ordering the preparation of the proposed
assessments and Calling for the Hearing on the proposed Assessments for October 2, 2018 at or around
7:00 pm. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Resolution No. 2018-103; A Resolution Declaring Costs to be Assessed, Ordering
Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the
Old Village Phase 3 Street and Utility Improvements.”
ATTACHMENTS:
1. Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and
Calling for Hearing on Proposed Assessment.
2. Notice of Hearing on Proposed Assessment.
3. Final Assessment Roll.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-103
A RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING
HEARING ON PROPOSED ASSESSMENT FOR OLD VILLAGE PHASE 3
STREET AND UTILITY IMPROVEMENTS
WHEREAS, estimated project costs have been calculated for the Old Village Phase 3
Street and Utility Improvements; and
WHEREAS, the estimated total cost of the improvements is $2,052,500.
WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll
and will maintain said assessment roll on file in the City offices for public inspection.
NOW, THEREFORE, BE IT RESOLVED,
1. The portion of the cost of such street, drainage, and sidewalk improvements to be paid by
the City is hereby declared to be $447,075, and the portion of the cost to be assessed against
benefited property owners is declared to be $567,225.
2. The portion of the cost of such sanitary sewer improvements to be paid by the City is hereby
declared to be $0, and the portion of the cost to be assessed against benefited property
owners is declared to be $983,100.
3. The portion of the cost of such watermain improvements to be paid by the City is hereby
declared to be $418,063, and the portion of the cost to be assessed against benefited
property owners is declared to be $34,837.
4. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount
to be specially assessed for such improvements against every assessable lot, piece or parcel
of land to be benefited by the improvements, and the Clerk has filed a copy of such
proposed assessment in the City offices for public inspection.
5. Assessments shall be payable in equal annual installments extending over 15 years for
street and drainage improvements, and 20 years for sanitary sewer improvements, the first
of the installments to be payable on or before the first Monday in January, 2019 and shall
bear interest at the rate of 3.26 percent per annum from the date of the adoption of the
assessment resolution.
6. A public hearing shall be held on the 2nd day of October, 2018, in the Council Chambers
of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment.
All persons owning property affected by such improvement will be given an opportunity
to be heard with reference to such assessment.
7. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the
hearing, and she shall state in the notice the total cost of the improvement. She shall also
cause mailed notice to be given to the owner of each parcel described in the assessment
roll not less than two weeks prior to the hearings.
8. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, pay the entire assessment on such property, with interest
accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire
assessment is paid to the City Clerk within 30 days from the adoption of this assessment.
A property owner may at any time thereafter, pay to the City Clerk the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before October 31 or interest
will be charged through December 31 of the succeeding year.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF SEPTEMBER,
2018.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
CITY OF LAKE ELMO
NOTICE OF HEARING ON PROPOSED ASSESSMENT
OLD VILLAGE PHASE 3 STREET AND UTILITY IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will meet in the Council
Chambers of the City Hall at or approximately after 7:00 P.M. on Tuesday, October 2,
2018, to consider, and possibly adopt, the proposed assessment against abutting property
for the Old Village Phase 3 Street and Utility Improvements. Adoption by the Council of
the proposed assessment may occur at the hearing. The following describes the area
proposed to be assessed:
• Street, drainage, and sidewalk improvements along Laverne Avenue, from 39th
Street North to CSAH 14.
• Street and drainage improvements along 31st Street North, from CSAH 17 to the
east end; Laverne Court North, from 31st Street North to south cul-de-sac; and
Layton Court North, from 31st Street North to south cul-de-sac.
• Sanitary sewer improvements to the Lake Elmo Elementary School, City Hall and
the Westbrook Building (3825 Lake Elmo Avenue) as well as extending sanitary
sewer along Laverne Avenue, from 39th Street North to CSAH 14; 31st Street
North, from CSAH 17 to the east end; Laverne Court North, from 31st Street
North to south cul-de-sac; and Layton Court North, from 31st Street North to south
cul-de-sac.
• Watermain improvements to the Westbrook Building (3825 Lake Elmo Avenue).
You may at any time prior to certification of the assessment to the county auditor on
November 15, 2018, pay the entire assessment on such property to the City Clerk with
interest accrued to the date of payment. No interest shall be charged if the entire
assessment is paid to the City Clerk within 30 days from the adoption of this assessment.
You may at any time thereafter, pay to the City Clerk the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before October 31 (date assessment
certified to County Auditor) or interest will be charged through December 31 of the
succeeding year. If you decide not to prepay the assessment before the date given above
the rate of interest that will apply is 3.26 percent per year.
Once assessments are certified to the County, the assessments are payable in equal annual
installments extending over a period of 15 years for street and drainage improvements
and 20 years for sanitary sewer improvements, the first of the installments to be payable
on or before the first Monday in January 2019 and will bear interest at the rate of 3.26
percent per annum from the date of adoption of the assessment resolution. To the first
installment shall be added interest on the entire assessment from the date of the
assessment resolution until December 31, 2018. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
The proposed assessment roll is on file for public inspection at the City Clerk’s office.
The total amount of the proposed street improvement assessment is $567,225. The total
amount of the proposed sanitary sewer improvement assessment is $983,100. The total
amount of the proposed watermain improvement assessment is $34,837. The City
contribution for the overall improvement project is $890,838. Written or oral objections
will be considered at the meeting. No appeal may be taken as to the amount of an
assessment unless a written objection signed by the affected property owner is filed with
the municipal clerk prior to the assessment hearing or presented to the presiding officer at
the hearing. The Council may upon such notice consider any objection to the amount of a
proposed individual assessment at an adjourned meeting upon such further notice to the
affected property owners as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days
after the adoption of the assessment and filing such notice with the district court within
ten days after service upon the Mayor or Clerk.
The City Council is authorized in its discretion to defer the payment of an assessment for
any homestead property owned by a person for whom it would be a hardship to make
payment if the owner is 65 years of age or older and/or the owner is a person retired by
virtue of a permanent and total disability or by a person who is a member of the
Minnesota National Guard or other military reserves who is ordered into active military
service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s
military orders, for whom it would be a hardship to make the payments. The owner must
request a deferment of the assessment at or before the public hearing at which the
assessment is adopted and make application on forms prescribed by the City Clerk within
30 days after the adoption.
Notwithstanding the standards and guidelines established by the City for determining a
hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes
Section 435.193.
DATED: September 4, 2018
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
(Published in the Oakdale-Lake Elmo Review on September 12, 2018)
CITY OF LAKE ELMO, MN.
SEPTEMBER 2018
OLD VILLAGE PHASE 3: STREET AND UTILITY IMPROVEMENTS
31ST STREET NEIGHBORHOOD
FINAL ASSESSMENT ROLL
STREET AND DRAINAGE AND SANITARY SEWER ASSESSMENT ROLL
PAGE 1 of 1
NO. NAME PID
TOTAL
ASSESSMENT
AMOUNT
STREET &
DRAINAGE
ASSESSMENT
AMOUNT
SANITARY
SEWER
ASSESSMENT
AMOUNT SAC
1 KELLY LISA M & JOHN W 11200 31ST ST N 11200 31ST ST N LAKE ELMO MN 55042 1302921330032 18,200.00$ 6,900.00$ 11,300.00$ 1
2 SACHS RICHARD J & DEBORAH J 11212 31ST ST N 11212 31ST ST N LAKE ELMO MN 55042 1302921330033 18,200.00$ 6,900.00$ 11,300.00$ 1
3 TERRELL SARA A 11230 31ST ST N 11230 31ST ST N LAKE ELMO MN 55042 1302921330034 18,200.00$ 6,900.00$ 11,300.00$ 1
4 COSTELLO PAUL T 11252 31ST ST N 11252 31ST ST N LAKE ELMO MN 55042 1302921340011 18,200.00$ 6,900.00$ 11,300.00$ 1
5 CRIEGO GAIL A 11272 31ST ST N 11272 31ST ST N LAKE ELMO MN 55042 1302921340012 18,200.00$ 6,900.00$ 11,300.00$ 1
6 KENT S TARBUTTON TRS 11292 31ST ST N 7656 BIRMINGHAM FOREST DR FRISCO TX 75034 1302921340013 18,200.00$ 6,900.00$ 11,300.00$ 1
7 BURNS AMY P 11306 31ST ST N 11306 31ST ST N LAKE ELMO MN 55042 1302921340014 18,200.00$ 6,900.00$ 11,300.00$ 1
8 WAGONER BRIAN K & ELIZABETH A FLAMO WAGONER 11334 31ST ST N 11334 31ST ST N LAKE ELMO MN 55042 1302921340015 18,200.00$ 6,900.00$ 11,300.00$ 1
9 DUPIUS LUC M & ROCHELLE M MCCUNE 3151 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330009 3,450.00$ 3,450.00$ ‐$ 0
10 BLOOMQUIST ERIN C & LEE C 11225 31ST ST N 11225 31ST ST N LAKE ELMO MN 55042 1302921330035 18,200.00$ 6,900.00$ 11,300.00$ 1
11 PRITCHARD KENNETH L & AUDRA L 11269 31ST ST N 11269 31ST ST N LAKE ELMO MN 55042 1302921340017 18,200.00$ 6,900.00$ 11,300.00$ 1
12 SCORE BLAKE N & BRENDA K 11295 31ST ST N 11295 31ST ST N LAKE ELMO MN 55042 1302921340016 18,200.00$ 6,900.00$ 11,300.00$ 1
13 WILLIAM C HJELMGREN TRS 3153 LAYTON CT N 3153 LAYTON CT N LAKE ELMO MN 55042 1302921340020 18,200.00$ 6,900.00$ 11,300.00$ 1
14 KECK BRIAN W & SCHILTGEN MOLLY 3127 LAYTON CT N 3127 LAYTON CT N LAKE ELMO MN 55042 1302921340021 18,200.00$ 6,900.00$ 11,300.00$ 1
15 MENENDEZ ARMANDO & ELLA S 3105 LAYTON CT N 3105 LAYTON CT N LAKE ELMO MN 55042 1302921340022 18,200.00$ 6,900.00$ 11,300.00$ 1
16 MATTILA JOSHUA & JESSICA 3091 LAYTON CT N 3091 LAYTON CT N LAKE ELMO MN 55042 1302921340025 18,200.00$ 6,900.00$ 11,300.00$ 1
17 IRENE DAU TRS AGR 3081 LAYTON CT N 3081 LAYTON CT N LAKE ELMO MN 55042 1302921340030 18,200.00$ 6,900.00$ 11,300.00$ 1
18 KINDLER BRIAN T 3084 LAYTON CT N 3084 LAYTON CT N LAKE ELMO MN 55042 1302921340029 18,200.00$ 6,900.00$ 11,300.00$ 1
19 KOFOED DONALD E & CAROL A 3094 LAYTON CT N 3094 LAYTON CT N LAKE ELMO MN 55042 1302921340026 18,200.00$ 6,900.00$ 11,300.00$ 1
20 GLANZER RICHARD D & EILEEN S 3112 LAYTON CT N 3112 LAYTON CT N LAKE ELMO MN 55042 1302921340019 18,200.00$ 6,900.00$ 11,300.00$ 1
21 AUDREY L OLSEN TRS 3124 LAYTON CT N 3124 LAYTON CT N LAKE ELMO MN 55042 1302921340018 18,200.00$ 6,900.00$ 11,300.00$ 1
22 KNOLL CRAIG M & DIANE C 3127 LAVERNE CT N 3127 LAVERNE CT N LAKE ELMO MN 55042 1302921340023 18,200.00$ 6,900.00$ 11,300.00$ 1
23 MAGISTAD JOHN M & AMY T 3115 LAVERNE CT N 3115 LAVERNE CT N LAKE ELMO MN 55042 1302921340024 18,200.00$ 6,900.00$ 11,300.00$ 1
24 MADSEN STEPHEN & ANNE M SCHLOEGEL 3099 LAVERNE CT N 3099 LAVERNE CT N LAKE ELMO MN 55042 1302921340027 18,200.00$ 6,900.00$ 11,300.00$ 1
25 LUCILLE C ZIGNEGO TRS 3081 LAVERNE CT N 3081 LAVERNE CT N LAKE ELMO MN 55042 1302921340028 18,200.00$ 6,900.00$ 11,300.00$ 1
26 SNOWELL N RALEIGH REV TRS 3074 LAVERNE CT N 3074 LAVERNE CT N LAKE ELMO MN 55042 1302921340033 18,200.00$ 6,900.00$ 11,300.00$ 1
27 GEVING NANCY E 3124 LAVERNE CT N 3124 LAVERNE CT N LAKE ELMO MN 55042 1302921330036 18,200.00$ 6,900.00$ 11,300.00$ 1
TOTAL 476,650.00$ 182,850.00$ 293,800.00$
ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.
SEPTEMBER 2018
OLD VILLAGE PHASE 3: STREET AND UTILITY IMPROVEMENTS
LAVERNE AVENUE AREA
FINAL ASSESSMENT ROLL
STREET, SANITARY SEWER, AND WATERMAIN ASSESSMENT ROLL
PAGE 1 of 1
NO. NAME PID
TOTAL
ASSESSMENT
AMOUNT
STREET,
DRAINAGE,
SIDEWALK
ASSESSMENT
AMOUNT
STREET
FRONT
FOOTAGE
SANITARY
SEWER
ASSESSMENT
AMOUNT SAC
WATERMAIN
ASSESSMENT
AMOUNT
1 ISD 834 STILLWATER 1875 GREELY ST S STILLWATER MN 55082 1302921220001 20,500.00$ 20,500.00$ 100 ‐$ 0
2 ISD 834 STILLWATER 11030 STILLWATER BLVD N 1875 GREELY ST S STILLWATER MN 55082 1302921230001 474,600.00$ ‐$ 0 474,600.00$ 42
3 WESTBROOK ASSOCIATES 3825 LAKE ELMO AVE N PO BOX 36 STILLWATER MN 55082 1302921220002 80,037.00$ ‐$ 0 45,200.00$ 4 34,837.00$
4 CITY OF LAKE ELMO 3800 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921220009 44,920.00$ 33,620.00$ 164 11,300.00$ 1
5 CITY OF LAKE ELMO 3880 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921220026 46,125.00$ 46,125.00$ 225 ‐$ 0
6 CITY OF LAKE ELMO 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921220025 25,625.00$ 25,625.00$ 125 ‐$ 0
7 EXCEL PARTNERS LLC 11343 39TH ST N 11343 39TH ST N LAKE ELMO MN 55042 1302921220008 56,785.00$ 56,785.00$ 277 ‐$ 0
8 RULE 36 LMDT PARTNRSHP DULUTH 3819 LAVERNE AVE N 600 25TH AVE S #105 ST. CLOUD MN 56301 1302921220007 81,050.00$ 47,150.00$ 230 33,900.00$ 3
9 LEONARD INVESTMENTS LLC 11144 STILLWATER BLVD N 1000 CONCORD ST S SOUTH ST. PAUL MN 55075 1302921230004 124,330.00$ 79,130.00$ 386 45,200.00$ 4
10 THARROS LLC 11200 STILLWATER BLVD N #100 4350 MCDONALD DRIVE CT N STILLWATER MN 55082 1302921220016 13,667.50$ 9,430.00$ 46 4,237.50$ 0.375
11 NORTHERN LIGHTS INFO SYS LLC 11200 STILLWATER BLVD N #101 11200 STILLWATER BLVD N #101 LAKE ELMO MN 55042 1302921220017 13,667.50$ 9,430.00$ 46 4,237.50$ 0.375
12 ERBAN DOROTHY DAVIDSON 11200 STILLWATER BLVD N #102 3748 OAKGREEN AVE N STILLWATER MN 55082 1302921220018 13,667.50$ 9,430.00$ 46 4,237.50$ 0.375
13 ERBAN DOROTHY DAVIDSON 11200 STILLWATER BLVD N #103 3748 OAKGREEN AVE N STILLWATER MN 55082 1302921220019 13,667.50$ 9,430.00$ 46 4,237.50$ 0.375
14 FLACKEY DEAN E 11200 STILLWATER BLVD N #104 532 OLD HWY 35 HUDSON WI 54016 1302921220020 13,667.50$ 9,430.00$ 46 4,237.50$ 0.375
15 STROP BRIAN A & DENISE M 11200 STILLWATER BLVD N #105 2930 30TH STREET CIRCLE N LAKE ELMO MN 55042 1302921220021 13,667.50$ 9,430.00$ 46 4,237.50$ 0.375
16 HOBBY FARMS INC 11200 STILLWATER BLVD N #106 11550 STILLWATER BLVD N #123 LAKE ELMO MN 55042 1302921220022 13,667.50$ 9,430.00$ 46 4,237.50$ 0.375
17 SCMC PROPERTIES LLC 11200 STILLWATER BLVD N #107 11200 STILLWATER BLVD N #107 LAKE ELMO MN 55042 1302921220023 13,667.50$ 9,430.00$ 46 4,237.50$ 0.375
18 D3PL PROPERTIES LLC 11240 STILLWATER BLVD N 11240 STILLWATER BLVD N LAKE ELMO MN 55042 1302921210006 45,200.00$ ‐$ 0 45,200.00$ 4
TOTAL 1,108,512.00$ 384,375.00$ 689,300.00$ 34,837.00$
ASSESSABLE PROPERTY ADDRESS MAILING ADDRESS
STAFF REPORT
DATE: 9/4/2018
CONSENT
ITEM #: 9
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Washington County Comprehensive Plan Adjacent Jurisdictional
Review Comments
REVIEWED BY: Kristina Handt, City Administrator
Jack Griffin, City Engineer
BACKGROUND:
Washington County has completed a draft of their 2040 Comprehensive Plan Update and has
submitted for adjacent jurisdictional review. The review period ends September 26, 2018.
Staff has prepared draft comments for the review.
ISSUE BEFORE COUNCIL:
The Council is being asked to review and approve Staff comments regarding the Washington
County 2040 Comprehensive Plan Update.
PROPOSAL DETAILS/ANALYSIS:
Below provides a brief summary of each chapter within the Draft Washington County 2040
Comprehensive Plan along with recommended comment by Staff. Of particular note are
italicized comments.
Chapter 2: County Context. This Chapter assumes Lake Elmo to have a 40% increase in
population from 2020-2040.
• Staff Comments: Staff has no comments in regards to this chapter.
Chapter 3: Goals and Policies. Outlines visions, goals, policies, and strategies for 2040
Washington County Comprehensive Plan.
• Staff Comments: Staff has no comments in regards to this chapter.
Chapter 4: Land Use. Washington County does not regulate Lake Elmo’s Land Use. The
only mention of Lake Elmo within this chapter is the recognition that Lake Elmo does not
currently have ordinances or other tools in place to assist in preserving privately owned
historic and cultural resources. There are no resources within the City that are on the National
Register of Historical Places.
• Staff Comments: Staff has no comments in regards to this chapter.
Chapter 5: Transportation. Public transportation, trails, and improving highways and
bridges are recognized as a top priority within Washington County’s Transportation Plan.
• Existing Road Functional Classification Changes (p. 5-7)
o CSAH 17 from Highway 36 to CSAH 14 has changed from a minor expander
to minor connector (both subcategories for minor arterials).
o CSAH 10 from minor expander to minor reliever.
o CSAH 13 from CSAH 14 to I-694 from a major collector to minor reliever.
• Jurisdictional Changes (p. 5-10)
o County 13B has changed from a County to local jurisdiction.
o CSAH 14 has changed from MNDOT to County jurisdiction.
o Areas of CSAH 15 at the intersection of CSAH 14 and Hwy 36 to the east of
CSAH 17 have been identified as over capacity
• Regional Bicycle Transportation Network (p. 5-39)
o A Tier 2 Corridor for the Regional Bicycle Transportation Network is
identified along CSAH 14 with a connection from CSAH 19 to CSAH 14.
• Forecasted Traffic Volumes (p. 5-47)
o CSAH 17 (Lake Elmo Ave N) from the intersection of CSAH 14 going south
have decreased from 8001-15000 annual average trips a day to 0-8000 annual
average trips a day.
o CSAH 13 (Inwood Ave N) in the portion directly south of CSAH 6 have
increased from 0-8000 annual average trips per day to 8001-15000 annual
average trips per day.
o CSAH 14 have decreased from 15,001-30,000 annual average trips per day to
8,001-15,000 annual average trips per day.
o CSAH 15 from the intersection of Hwy 36 to 50th Street have decreased from
15,001-30,000 annual average trips per day to 8,001-15,000 annual average
trips per day.
• Volume/Capacity Analysis (p. 5-48)
o Some small northern sections of CSAH 15 are shown as approaching
capacity, changed from over capacity from the 2030 Plan.
o Some new sections of CSAH 13 are shown as approaching capacity.
o A new section of CSAH 10 is shown as overcapacity.
• Minimum Right-of-Way Changes (p. 5-50)
o Minimum right-of-way on CSAH 14 (Stillwater Blvd N) has changed to 180
feet from CSAH 15 (Manning Ave N) to where it intersects with CSAH 6
(Stillwater Blvd N) and to 220 feet to the west of this intersection. This was
due to this road becoming a County road.
• Interchange (5-54)
o One new interchange is indicated that would affect Lake Elmo at the
intersection of CSAH 17 and Hwy 36.
• Capital Improvement Program (p. 5-62)
o Manning Avenue Interchange: 2018
o CSAH 14 west of Manning Avenue Interchange and CSAH 15 south of
Manning Avenue Interchange: 2022
o CSAH 17 north of I-94: 2018 Pavement Preservation Project
o CSAH 17 further north: 2018
o CSAH 13 north of CSAH 6 to CSAH 14: 2021
o CSAH 13 north of CSAH 14: 2022
• Staff Comments: For the most part the City can support the County’s
Transportation Plan. The plan identifies both Goals as well as Management Tools
and Implementation Tools. The following are noteworthy for City input and or
comment.
o The executive summary identifies a limitation in funding resources and
indicates a requirement, therefore, to collaborate with local and regional
partners to leverage available resources.
o Both the Management Tools and Transportation Goal #1 reference the
Cost participation policy #8001 as proposed implementation practices. The
City should consider commenting on the need to revise or eliminate the
Cost participation policy #8001 due to a lack of local funding resources
needed to participate; due to inequitable distribution of transportation
costs across Washington County communities; and due to the inability of
the City to utilize assessing authority for the local share due to County
implementation practices.
Note: Washington County’s Cost Participation Policy (#8001)
determines the appropriate division of cost in funding cooperative
highway projects, traffic signals, and bridge construction projects
with MnDOT, municipalities, and other agencies. For highway and
bridge projects, the cost splits differ for cities with populations
greater than 5,000 and for those with populations less than 5,000.
The primary purpose for this difference is the absence of direct
State Aid funding to municipalities with less than 5,000 residents.
The policy also guides the county’s cost participation when
communities use Tax Increment Financing (TIF) and for
jurisdictional changes or turnbacks.
o The City should continue to support the County policy regarding the goal
to balance access and mobility. The City could suggest language changes
to emphasize that the County maintain flexibility when working with the
local government.
o The City should continue to support the County policy regarding right-of-
way acquisition strategies. However, the City should consider
commenting that the County must emphasize efforts to better define right-
of-way corridor needs proactively, both in advance of development
applications, and during development applications.
o The plan indicates that planning efforts regarding TH36 have not yet
begun. The Trunk Highway 36 Corridor is important to Lake Elmo and
perhaps a set of overall goals should be identified to guide these future
planning efforts. Goals could be incorporated from the work completed for
the TH36 South Frontage Road Study, Lake Elmo Avenue Interchange
Concept Planning, and the Manning Avenue Interchange
Concept/Preliminary Design.
Chapter 6: Water Resources Plan. Shows that Lake Elmo is the lowest of the Cities that
use public water within Washington County, averaging below 50 gallons per capita per day.
The Lake Elmo/Oakdale Special Well and Boring Construction Area (SWBCA), which was
established due to Volatile Organic Compound at the Washington County Landfill. It also
mentions perflurochemicals (PFCs) near the Lake Jane Landfill and that over 200 homes
have been connected to city water as a result.
• Staff Comment: Engineering has no major comments regarding the Water
Resource Plan. The plan addresses several areas of overlap with Watershed and
City processes already in place as has always been the case. The primary areas
addressed include:
o Prevent future groundwater contamination by ensuring sound management
of solid and hazardous waste within the county. No comments by
Engineering.
o Implement sound watershed management practices in cooperation and
conjunction with state and local government entities engaged in water
management programs. No comments by engineering.
o Continue implementing SSTS ordinance in accordance with Minnesota
Rules 7080-7083. Conduct a countywide assessment for SSTS; Continue
to provide financial assistance for SSTS replacement through the SSTS
loan program; Explore additional financial assistance options for residents
including local and state grants; Strengthen education efforts related to
SSTS for homeowners, realtors, and other stakeholders; Promote
development of community sewer systems in areas with high rates of
noncompliant SSTS or where small groups of homes make such systems
feasible. The City should express continued support for these efforts.
o Collaborate with state agencies and local communities to promote and
support the efficient use of groundwater resources to ensure that drinking
water supplies are adequate for projected growth in the county.
Groundwater and Surface Water Protection. Engineering has no
comments.
Chapter 7: Parks, Trails and Open Space. Sets overall goals and policies that guide
development of count-controlled sites and facilities.
• Parks. Of these facilities, Lake Elmo Park Preserve is the only facility located within
Lake Elmo. This facility offers a boat launch, fishing pier, swimming, camping,
picnicking, field games, play equipment, natural areas, restrooms, trails, hiking,
biking, cross-country skiing, equestrian, and in-line skating. Annual use estimate of
Lake Elmo Park Preserve in 2016 was shown to be 519,900 visitors, which had by far
the highest total visits of 2016. Proposed development of the park includes expanded
paved and soft surface trail network, expanded picnic areas, expanded camping
facilities and areas, updated playground structures, updated trail and recreation
facilities, updated maintenance facility, and vegetation restoration.
• Trails. The draft Plan includes the Central Greenway Search Corridor, which is a
multiple use trail that will run north-south through the center of Washington County.
The Lake Elmo segment will be determined through a master planning process.
• Staff Comment: The City should express support for the County’s efforts to develop a
master trail plan, both regional park trails and along all County roadways.
Chapter 8: Housing. Lake Elmo has median rents below the metro median, likely because of
the limited availability of rental units within the city. As of 2017, there were 0 senior housing
units, and the demand forecasted is 503. Arbor Glen added 84 units. Lake Elmo is one of five
markets that have a housing demand of 1,100-1,900 units, and much of this demand is for
executive priced homes. The demand for new general occupancy rental housing is 104 units.
• Staff Comment: Staff has no comments in regards to this chapter.
Chapter 9: Resilience and Sustainability Plan. This summarizes the current strategies
related to resiliency and sustainability in the County and it presents an implementation plan
for future decision making processes. It recognizes four key areas that are linked in some
form to a resilient, sustainable and equitable future: hazard mitigation/community
vulnerability, healthy communities, energy, and solid waste management.
• Staff Comment: Staff has no comments in regards to this chapter.
Chapter 10: Economic Competitiveness. This highlights initiatives that remain a core part
of Washington County’s planning activities. The chapter indicates forecasts a 95.8% increase
in employment in Lake Elmo, increasing from 1,941 jobs in 2010 to 3,800 jobs in 2040. As
of 2010, Lake Elmo accounted for 2-4% of Washington County’s employment and is
projected to account for 4-6% by 2040.
• Staff Comment: Staff has no comments in regards to this chapter.
RECOMMENDATION:
Staff recommends, as part of tonight’s consent agenda, that the Council approve the above-
outlined comments to Washington County in regards to their Draft 2040 Comprehensive
Plan. If removed from the consent agenda, the following motion may be made:
“Move to approve Staff comments to Washington County in regards to their Draft 2040
Comprehensive Plan.”
ATTACHMENTS:
1. The Draft Washington County 2040 Comprehensive Plan can be found at the
following link: https://www.co.washington.mn.us/404/Comprehensive-Plan
STAFF REPORT
DATE: September 4, 2018
Consent
ITEM #: 10
AGENDA ITEM: Community Partnership Grant from Centerpoint Energy
TO: Mayor and City Council
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND:
State statute requires that cities accept donations via resolution. Centerpoint Energy has presented
the City of Lake Elmo with a grant of $2,000 for purchase of rescue air tools.
ISSUE BEFORE COUNCIL:
Should Council accept the donation of $2,000 from Centerpoint Energy?
PROPOSAL:
Grant money would be used toward the purchase of air rescue tools for the Lake Elmo Fire
Department.
FISCAL IMPACT:
$2,000 revenue not included in the 2018 budget.
OPTIONS:
1) Approve Resolution No 2018-103
2) Amend and then Approve Resolution No 2018-103
3) Don not accept the donation from Centerpoint Energy
RECOMMENDATION:
Motion to approve Resolution No 2018-103
ATTACHMENTS:
• Resolution No 2018-103
• Grant award letter
STAFF REPORT
DATE: September4, 2018
CONSENT
ITEM #: 11
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: ACCEPTANCE OF 50/50 DNR GRANT
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: The Fire Department has been seeking grant and donation funding from numerous
sources for the purchase of the rescue equipment, as part of the approval of the Rescue/Engine. This DNR
grant is part of that. We received approval from the DNR for an amount of $3,500.00, 50/50 matching
grant for the purchase of new fierfighting helmets. We have budgeted in both 2018 and 2019 for the
replacement of our firefighting helmets. We have helmets that are damaged and that have surpassed their
recommended life cycle for replacement and are still in service. This grant will allow us to purchase the
helmets all at one time, and free up budget dollars for the rescue equipment
ISSUE BEFORE COUNCIL: Should the Council approve the “2019 VOLUNTEER ASSISTANCE
MATCHING GRANT” IN THE AMOUNT OF $3,500.00?
PROPOSAL DETAILS/ANALYSIS: The approval of this grant would allow the fire department to move
forward with the purchase of new helmets for the Firefighters and reallocate budget funds toward the
purchase of rescue equipment.
FISCAL IMPACT: $3,500 additional revenue
OPTIONS:
1) Approve acceptance of grant
2) Deny approval
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve acceptance of DNR grant for new firefighting helmets.”
ATTACHMENTS:
1. Copy of approval letter and contract.
2. Resolution 2018-102 accepting the donation
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-102
A RESOLUTION ACCEPTING DONATED FUNDS FROM THE
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
WHEREAS, Minnesota Statues Section 465.03 provides that donations to the City
be accepted by resolution of the City Council; and
WHEREAS, the Minnesota Department of Natural Resources has proposed
contributing $3,500 in the form of a 50/50 matching grant to the City of Lake Elmo for
the purchase of firefighting helmets; and
WHEREAS, the City Council of the City of Lake Elmo agrees that said
contribution would be of benefit to the citizens of Lake Elmo; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Lake Elmo, Minnesota, does hereby acknowledges and agrees to accept said donation of
$3,500 from the MN DNR on behalf of the citizens of Lake Elmo.
APPROVED by the Lake Elmo City Council on this 4th day of September, 2018.
By: __________________________
Mike Pearson
Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
STAFF REPORT
DATE: 9/4/2018
REGULAR
ITEM #: 13
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Growing Explorers Development Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
Kristina Handt, City Administrator
BACKGROUND:
The City Council approved the Growing Explorers Final Plat and PUD Plans at its September 4,
2018 meeting. It was a condition of approval that the developer enter in to a Development
Agreement with the City.
ISSUE BEFORE COUNCIL:
To approve Resolution 2018-101 approving the Developer’s Agreement for Growing Explorers.
PROPOSAL DETAILS/ANALYSIS:
One of the conditions of approval for the Growing Explorers Final Plat specifies that the developer
enter into a Developer’s Agreement prior to the execution of the plat by City officials. The
attached draft agreement is consistent with the City’s developer agreement template. The key
aspects of the agreement include the following components:
• That all improvements to be completed by October 31, 2019.
• That the developer provide a letter of credit in the amount of 125% of the total cost of the
proposed improvements. The construction estimates provided have been reviewed by the
City Engineer and found to be accurate. The necessary letter of credit to secure the
construction activity and expenses will be $66,543.75.
• That the developer pay cash requirements totaling $16,930 for park dedication fees and
city engineering administration escrow.
• No construction access is permitted on adjacent local streets or at any other location along
Jade Trail North.
City Council Meeting September 4, 2018 Regular Agenda Item #13
2
FISCAL IMPACT:
The future financial impacts include sanitary sewer mains, watermains, surface water facilities
(infiltration basin), landscaping improvements, erosion and sedimentation control, 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 at the time of
building permit, and special assessments and parkland dedication will be due prior to the recording
of the plat.
RECOMMENDATION:
Based on the above Staff Report, Staff is recommending that the City Council approve the
Developer’s Agreement for Growing Explorers and that the Council direct the Mayor and Staff to
execute this document once the financial security and cash requirements have been received. The
suggested motion to adopt the Staff recommendation is as follows:
“Move to adopt Resolution 2018-101, approving the developer’s agreement for Growing
Explorers.”
ATTACHMENTS:
1. Resolution 2018-101
2. Growing Explorers Development Agreement
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(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water)
Growing Explorers
THIS DEVELOPMENT AGREEMENT is dated ______________, 2018, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and Shamsi, LLC, a
Florida limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Growing Explorers (referred to in this Agreement as the “Subdivision”). The property being
platted is situated in the County of Washington, State of Minnesota, and is legally described on
Exhibit A.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on
condition that the Developer enter into this Agreement, furnish the security required by it, and
record the plat with the County Recorder or Registrar of Titles within 180 days after the City
Council approves the final plat.
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
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may not grade or otherwise disturb the earth, remove trees, or construct public or private
improvements or any buildings within the Subdivision until all the following conditions precedent
have been satisfied:
A. the Developer has executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and Public Works
Director in the City’s standard form or the easements have been dedicated to the City on
the plat;
B. this Agreement has been executed by the Developer and the City;
C. the required Security (as hereinafter defined) have been received by the City from or on
behalf of the Developer;
D. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
E. 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;
F. the Developer has paid any outstanding assessments and taxes for the property or
property being deeded to the City;
G. the Developer has fulfilled any park dedication requirements as specified under this
Agreement;
H. 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;
I. the Developer has provided the City with a certificate of insurance required by this
Agreement;
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J. 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;
K. the final plat has been recorded with Washington County; and
L. the City has issued a written notice that all above conditions have been satisfied and that
the Developer may proceed.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat,
the City may refuse to approve final plats of subsequent phases of the development if the
Developer is not in compliance with any term of this Agreement and the non-compliance has not
been remedied. Development of subsequent phases of the development may not proceed until
development agreements for such phases are approved by the City. Park dedication charges
and availability charges for sewer and water referred to in this Agreement are not being imposed
on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the
plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots
and blocks.
5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased
preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be
void unless final platted into lots and blocks, not outlots, within five years after preliminary plat
approval.
6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement,
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.
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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-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 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. W ater system improvements;
D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.)
E. Underground private utilities;
F. Landscaping;
G. Tree preservation and reforestation; and
H. 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
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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 34 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
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contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to
the commencement of construction of each type of Subdivision Improvement. The City shall
inspect all Developer-installed Subdivision Improvements during and after construction for
compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The
Developer will notify the City at such times during construction as the City requires for inspection
purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or
joint venture relationship between the City and the Developer is thereby created.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees,
and City Planning Commission members, and corporations, partnerships, and other entities in
which such individuals have greater than a 25 percent ownership interest or in which they are an
officer or director may not act as contractors or subcontractors for the Subdivision Improvements
identified in Paragraph 8 above.
11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision
Improvements by October 31, 2019. The Developer may, however, request an extension of time
from the City. If an extension is granted, it shall be conditioned upon updating the Security posted
by the Developer to reflect cost increases and amending this Agreement to reflect the extended
completion date.
12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for
all maintenance of the Subdivision Improvements until the Subdivision Improvements are
accepted by the City in writing. The Developer is also responsible to locate all underground
utilities until the Subdivision is accepted in writing by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
to direct attention to detours. If and when streets become impassable, such streets shall be
barricaded and closed by the Developer. Jade Trail North and Hudson Boulevard must remain
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open to traffic at all times unless a right-of-way obstruction permit is obtained from the City. The
Developer shall be responsible for keeping streets within and outside of the Subdivision clean
and clear of dirt and debris that may spill, track, or wash onto the street from the Developer’s
operations. The Developer shall contract for street cleaning for streets within and immediately
adjacent to the Subdivision. At a minimum, scraping and sweeping shall take place on a weekly
basis and on a daily basis during heavy tracking days.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers, and
contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property and this Agreement.
14. CONSTRUCTION ACCESS AND PARKING. Construction traffic access and egress
for all work on the site including grading, utility construction, building construction and site
improvements, is restricted to access the site via Jade Trail North at the designated rock
construction entrances per the approved erosion control plans. No construction traffic is permitted
on other adjacent local streets or at any other location along Jade Trail North.
All construction parking, and loading and unloading of equipment and supplies must be
completed interior to the site and is not allowed to occur within any public right-of-way without a
right-of-way obstruction permit.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
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
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City’s Engineering Design and Construction Standards Manual, all watershed district permits, the
Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate
storm sewer system program. Prior to initiating any work on the site, an erosion control plan must
be implemented by the Developer and inspected and approved by the City. Erosion and sediment
control measures shall be coordinated with the various stages of development. The City may
impose additional erosion control requirements at any stage in development as deemed
necessary to maintain a compliant site. All areas disturbed for site improvements must be
reseeded by the Developer promptly after the work in the area is complete unless construction of
the next stage of the improvements will begin in that area within seven days. The parties
recognize that time is of the essence in controlling erosion.
If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred
for such work within 10 days, the City may draw down the Security to pay any costs. No
development, utility, or street construction will be allowed and no building permits will be issued
by the City unless the Subdivision is in full compliance with the approved erosion control plan.
If building permits are issued prior to the acceptance of public Subdivision Improvements,
the Developer assumes all responsibility for erosion control compliance throughout the
Subdivision and the City may take such action as allowed by this Agreement against the
Developer for any noncompliant issue as stated above. Erosion control plans for individual lots
will be required in accordance with the City’s building permit requirements, or as required by the
City or City Engineer.
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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, and
watermain improvements, shall be installed in accordance with the approved Plans, the City
approvals, the City Code, and the City’s Engineering Design and Construction Standards Manual.
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.
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. The two year warranty period shall be deemed to start once
all required landscaping identified as responsibility of Developer in the approved
Plans has received acceptance by the City. The Developer agrees to have the
installer of the landscaping complete an inspection 30 days prior to the end of the
two year warranty period and provide the City with a written report identifying the
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condition of all landscaping. In the event any landscaping installed by the
Developer is deemed to be in poor condition or dead, the Developer is to replace
the landscaping with like kind materials or as otherwise approved by the City.
B. The Developer shall be responsible for maintaining regular watering, fertilizing, and
over-seeding necessary to establish final lawns and yards as identified in the
approved Plans for outlots, public rights-of-way, and any disturbed areas outside
the Subdivision boundaries according to a landscape maintenance plan approved
by the City. The Developer agrees to achieve “substantial performance” on all
seeded or sodded areas disturbed during the construction of Subdivision
Improvements. For the purpose of this Agreement “substantial performance” shall
be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf
areas with an average blade height of three inches free of eroded, bare, or dead
spots and free from perennial weeds or unwanted grasses with no visible surface
soil.” For areas seeded with a native grass or flower mix “substantial performance”
shall be defined as “square foot native grass or flower areas with an average height
of eight inches free of eroded, bare, or dead spots and no visible surface soil.”
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 with
the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
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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 pay a cash contribution of $6,930 in
satisfaction of the City's park dedication requirements. The amount of the cash contribution was
calculated as follows: 1.54 acres at $4,500 per acre.
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 payable
and collected by the City at the time the building permit is issued for the building.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall payable
and collected by the City at the time the building permit is issued for the building.
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
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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 the building.
24. 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 are 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. 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, inspections, or actions and the halting
of all work in the Subdivision.
C. 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.
D. 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.
25. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that work
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required by this Agreement has been performed and the amounts due to them have
not been paid, and the laborers, materialmen, or others are seeking payment from
the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and
deposit the funds in compliance with the Rule, and upon such deposit, the Developer
shall release, discharge, and dismiss the City from any further proceedings as it
pertains to the funds deposited with the District Court, except that the Court shall
retain jurisdiction to determine attorneys' fees pursuant to this Agreement.
B. Except as otherwise specified herein, the Developer shall pay all costs incurred by
it or the City in conjunction with the development of the Subdivision, including but
not limited to legal, planning, engineering, and inspection expenses incurred in
connection with the City’s approval and acceptance of the plat and the Subdivision,
the preparation of this Agreement, the City’s review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Subdivision. All amounts incurred and due to the City
at the time of the recording of the final plat must be fully paid by the Developer prior
to the City executing and releasing the final plat for recording.
C. The Developer shall hold the City and its officials, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred
resulting from the City’s approval of the plat and the development of the Subdivision.
The Developer shall indemnify the City and its officials, employees, and agents for
all costs, damages, or expenses which the City may pay or incur in consequence of
such claims, including attorneys' fees.
D. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including reasonable engineering and attorneys' fees.
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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 the Property, or any portion of it.
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.
26. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the recommendations listed in the August 2, 2018, Engineering
memorandum.
B. The Developer must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
27. MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council. The Developer's obligations hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire Property, or any portion
of it.
B. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a professional engineer licensed by the State
of Minnesota. Following construction, a certification signed by the design engineer
shall be filed with the City Engineer evidencing that the retaining wall was
constructed in accordance with the approved Plans. All retaining walls identified on
the Plans or by special conditions referred to in this Agreement shall be constructed
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before any other building permit is issued for a lot on which a retaining wall is
required to be built.
C. Legal documents regarding any covenants, easements, or restrictions that will apply
to the Property shall be submitted to the City prior to recording of the final plat for
review and approval by the City Attorney.
D. The Developer shall take out and maintain or cause to be taken out and maintained
until six months after the City has accepted the public Subdivision Improvements,
public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of Developer's work or
the work of its subcontractors or by one directly or indirectly employed by any of
them.
Limits for bodily injury and death shall be not less than $500,000 for one
person and $1,500,000 for each occurrence; limits for property damage shall be not
less than $200,000 for each occurrence; or a combination single limit policy of
$1,500,000 or more. The City shall be named as an additional insured on the policy,
and the Developer shall file with the City a certificate of insurance evidencing
coverage prior to the City signing the plat. The certificate shall provide that the City
must be given 30 days’ advance written notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Agreement.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City Council.
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The City's failure to promptly take legal action to enforce this Agreement shall not be
a waiver or release.
H. This Agreement shall run with the land and may be recorded against the title to the
Property at the Developer’s expense. The Developer covenants with the City, its
successors and assigns, that the Developer has fee title to the Property being final
platted and has obtained consents to this Agreement, in the form attached hereto,
from all parties who have an interest in the Property, including, but not limited to,
mortgagees; that there are no unrecorded interests in the Property being final
platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
I. Each right, power, or remedy herein conferred upon the City is cumulative and in
addition to every other right, power, or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each
and every right, power, and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter
any other right, power, or remedy.
J. The Developer represents to the City that the Subdivision and the Subdivision
Improvements comply or will comply with all City, County, metropolitan, state, and
federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the
Subdivision is not in compliance, the City may, at its option, refuse to allow
construction or development work in the Subdivision until it is brought into
compliance. Upon the City’s demand, the Developer shall cease work until there is
compliance.
28. EVENTS OF DEFAULT. The following shall be "Events of Default" under this
17
532857v2 SJS LA515-51
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.
29. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject
to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by
written, executed instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from the Developer, deemed adequate by the City, that Developer will
cure its default and continue its performance under the Agreement. Suspension of
performance includes the right of the City to withhold permits including, but not
limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this Agreement or
recover any amounts due under this Agreement from the Developer, or immediately
draw on the Security, as set forth in this Agreement.
30. 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
18
532857v2 SJS LA515-51
work and the Developer shall promptly reimburse the City for any expense incurred by the City.
This Agreement is a license for the City to act, and it shall not be necessary for the City to seek
an order from any court for permission to enter the Subdivision for such purposes. If the City
does such work, the City may, in addition to its other remedies, levy special assessments against
the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for
itself and its successors and assigns, expressly waives any and all procedural and substantive
objections to the special assessments, including, but not limited to, hearing requirements, and
any claim that the assessments exceed the benefit to the land so assessed. The Developer, for
itself and its successors and assigns, also waives any appeal rights otherwise available pursuant
to Minnesota Statutes Section 429.081.
The Developer also acknowledges that its failure to perform any or all of the Developer’s
obligations under this Agreement may result in substantial damages to the City; that in the event
of default by the Developer, the City may commence legal action to recover all damages, losses,
and expenses sustained by the City; and that such expenses may include, but are not limited to,
the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
31. 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
19
532857v2 SJS LA515-51
paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed
costs against the Subdivision 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
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 sod, trees, and landscaping is two years from the
date of final written City acceptance of the installation.
32. 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 $66,543.75.
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.
20
532857v2 SJS LA515-51
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.
33. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. 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 $12,250, of the Security associated with grading and
erosion control may be released. This Security reduction does not 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 $21,328.13 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 Category 4: The amount of $8,906.25 may be released when
21
532857v2 SJS LA515-51
landscaping Subdivision Improvements have been installed to the satisfaction
of the City including all corrective work for any identified punch list items.
3. Construction Categories 5 and 6: The amount of $6,735.94 may be released
when all remaining Developer’s obligations under this Agreement have been
completed including: (1) iron monuments for lot corners have been installed,
if required; (2) all financial obligations to the City satisfied; (3) 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.
C. 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.
D. 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.
E. It is the intent of the parties that the City at all times have available to it Security in an
amount adequate to ensure completion of all elements of the Subdivision Improvements
and other obligations of the Developer under this Agreement, including fees or costs due
to the City by the Developer. To that end and notwithstanding anything herein to the
contrary, all requests by the Developer for a reduction or release of the Security shall be
evaluated by the City in light of that principle.
34. SUMMARY OF SECURITY REQUIREMENTS. The following is a summary of the
22
532857v2 SJS LA515-51
security requirements under this Agreement which must be paid to the City prior to recording the
final plat:
Park Dedication: $6,930
Special Assessments Due: $0
City Engineering Administration Escrow: $10,000
TOTAL CASH REQUIREMENTS: $16,930
35. 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: 9568 Hillingdon Road, Woodbury, MN 55125. Notices to the City shall
be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by
certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3880
Laverne Avenue N, Suite 101, Lake Elmo, Minnesota 55042.
36. 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.
37. 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.
38. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
39. 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
23
532857v2 SJS LA515-51
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.
40. 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.
24
532857v2 SJS LA515-51
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
25
532857v2 SJS LA515-51
SHAMSI, LLC
By: ___________________________________
Its: ___________________________________
STATE OF ______________ )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________,
20___, by _______________________, the _______________________of Shamsi, LLC, a
Florida limited liability company on behalf of the company.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
26
532857v2 SJS LA515-51
FEE OWNER CONSENT TO
DEVELOPMENT AGREEMENT
, fee owners of all or
part of the subject property, the development of which is governed by the foregoing Development
Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions
as the same may apply to that portion of the subject property owned by them.
Dated this day of , 2 .
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________,
20___.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
27
532857v2 SJS LA515-51
MORTGAGEE CONSENT TO
DEVELOPMENT AGREEMENT
, which holds a
mortgage on the Property, the development of which is governed by the foregoing Development
Agreement, agrees that the Development Agreement shall remain in full force and effect even if
it forecloses on its mortgage.
Dated this day of , 2 .
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________,
20___, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY:
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
28
532857v2 SJS LA515-51
CONTRACT PURCHASER CONSENT TO
DEVELOPMENT AGREEMENT
,
which/who has a contract purchaser's interest in all or part of the Property, the development of
which is governed by the foregoing Development Agreement, hereby affirms and consents to the
provisions thereof and agrees to be bound by the provisions as the same may apply to that portion
of the Property in which there is a contract purchaser's interest.
Dated this ___ day of ________________, 20___.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________,
20___, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
532857v2 SJS LA515-51
EXHIBIT A TO
DEVELOPMENT AGREEMENT
Legal Description of Property Being Final Platted
Outlot A, Boulder Ponds, according to the recorded plat thereof, Washington County, Minnesota
B-1
532857v2 SJS LA515-51
EXHIBIT B TO
DEVELOPMENT AGREEMENT
List of Plan Documents
The following documents prepared by Civil Site Group constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS:
SHEET TITLE REVISION
DATE
C0 of 11
Title Sheet
V1
Site Survey
C1
Removals Plan
C2
Site Plan
C3
Grading Plan
C4
Utility Plan
L1
Landscape Plan
SW1.0
SWPPP Existing Conditions
SW1.1
SWPPP Proposed Conditions
SW1.2
SWPPP Details
SW1.3
SWPPP Narrative
C-1
532857v2 SJS LA515-51
EXHIBIT C TO
DEVELOPMENT AGREEMENT
Subdivision Improvements Cost/Security Amount Estimate
CONSTRUCTION CATEGORY COST 125 percent
1 Grading and Erosion and
Sedimentation Control
$9,800 $12,250
2 Watermain
$22,750 $28,437.50
3 Storm Sewer (includes pond structures
and outfall pipes)
$0 $0
4 Landscaping Improvements
$9,500 $11,875
5 Monuments
$1,000 $1,250
6 Erosion and Sedimentation Control
$6,185 $7,731.25
7 Developer’s Record Drawings
$4,000 $5,000
TOTALS
$53,235
$66,543.75
532857v2 SJS LA515-51
FORM OF IRREVOCABLE LETTER OF CREDIT
No.__________________
Date: ________________
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight
on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___,
of (Name of Bank)" ;
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on
November 30, 20___.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter
of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail,
at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator,
City Hall, 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:
Its
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-101
A RESOLUTION APPROVING THE DEVELOPER’S AGREEMENT FOR GROWING
EXPLORERS
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Shamsi, LLC, 9568 Hillington Road, Woodbury, MN 55125 (“Applicant”)
has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for
Growing Explorers; and
WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat
request for Boulder Ponds at a meeting held on September 16, 2014; and
WHEREAS, The Lake Elmo City Council adopted Resolution No. 2018-099 on
September 4, 2018 approving the Final Plat for Growing Explorers; and
WHEREAS, A condition of said Resolution No. 2018-099 establishes that, prior to the
execution of the Final Plat by City officials, the Applicant is to enter into a Developer’s
Agreement with the City; and
WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy
of the Developer’s Agreement was submitted to the City Council for consideration at its
September 4, 2018 meeting.
NOW, THEREFORE, based on the information received, the City Council of the City
of Lake Elmo does hereby approve the Developer’s Agreement for Growing Explorers and
authorizes the Mayor and City Clerk to execute the document.
Passed and duly adopted this 4th day of September, 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: September 4, 2018
REGULAR
ITEM #: 14
MOTION
TO: City Council
FROM: Ben Prchal, City Planner
AGENDA ITEM: Lions Park – 45th Parallel Marker
REVIEWED BY: Kristina Handt – City Administrator
BACKGROUND:
During the development and renovation of Lions Park it was brought to light that the field was very close
to the 45th parallel latitude line. Knowing this, the field was moved so that home plate and the first base
line would directly line up with the 45th line. Having moved the field to ensure that this was possible, it
had seemed appropriate to place a marker ensuring the efforts and significance were not forgotten.
ISSUE BEFORE THE COUNCIL:
The Council is being asked to provide comment and final approval on the Parks Commission
recommendation of the 45th parallel marker at Lions Park.
PROPOSAL:
Planning Commission member Kathy Weeks and resident Jay Knutson have been working with Eric
Mayne, owner of Livingstone Concrete Design to create a template for us to review. Livingstone
Concrete produces high end, heavily durable specialty concrete and custom made material for
countertops, furniture, sinks, etc. There were three options presented to the Parks Commission. One
option would be built directly into the concrete walking path for the field (Option A) and the other two of
the options were between the field and the asphalt walking path (Option B and C). Accompanying the
marker would be a sign, which would be produced at no cost by Weeks-end Signs. The content of the
sign would be informational in nature, providing a description of why it is there and the significance of
the 45th with the field.
FISCAL IMPACT:
There is expected to be a fiscal impact.
Informational sign – No cost (Donation by Weeks Family)
Marker – $1,000 (estimated for material and install)
There were two funding mechanisms presented to the Parks Commission
Option 1:
Use park dedication funds for the project. Based off the last discussion on the 2019 CIP, at a minimum
there will be $562,704 in the account at the beginning of the New Year. The total of all the projects for
2019 is expected to be $337,000 (Pebble Imp., Sunfish Imp., and New Park Development). This leaves the
fund with $225,704 remaining in the account. The expected cost of $1,000 would not significantly
impact the account.
Option 2:
Use funds from the sign advertisement program at the park. As of now, the revenue generated
from the program has already been earmarked for improvements. However, if the commission
does not mind waiting a year for the proposed project, next year’s funds could be use.
Page 2
OPTIONS:
1) Motion to approve the project with park dedication funds
2) Motion to approve the project with next year’s sign funds
3) Motion for denial unless donations can be obtained to cover the cost
4) Motion to deny the project
RECOMMENDATION AND STAFF COMMENTS:
Parks Commission Comments:
The Parks Commission is recommending that the Council approve funding for Option C. However, the
commission would like to see a wooden post placed on the edge of the pad (centered) near the sidewalk
which would hold the sign. Their motion was “Motion to recommend pouring the concrete marker with
stamping, from the asphalt sidewalk to concrete sidewalk, matching the grade as well as adding a cedar
post for mounting a sign” Passed 4-2. The stamping was added for a decorative touch which staff is in
support of. (Option C)
Staff Comments:
Out of the options presented, staff is inclined to follow the recommendation of the Parks Commission with
the exception of the sign on the wooden post. Staff is under the impression that the marker is capable of
standing on its own. Though the sign would provide value in that it is informational, it may detract from
the marker due to its placement. Perhaps the Council would like to consider a similar sign imbedded in the
concrete.
The Commission, by general consensus would like to use funds generated from the sign program at Lions
to fund the project.
“Motion to approve funding for the 45th parallel marker as recommended by the Parks Commission”
ATTACHMENTS:
• Design proposals A, B, or C.
o Write up describing Livingstone and informational sign.
45th PARALLEL
e 45th Parallel is halfway between
the Equator and the North Pole.
e 45th Parallel of North Latitude on the surface
of the earth passes directly through this marker.
It is an East and West line which is midway between
the Equator and the North Pole.
On this ball eld home plate, rst base, the
rst baseline, and the right-eld foul line and
pole are located precisely on the 45th parallel.
Thank you to Jay Knutson & Rolf Larson
for calling attention to this unique distinction.
Pacic
Ocean Gulf of
Mexico
Atlantic
Ocean
120° 110° 100° 90° 80° 70°50°
45°
40°
35°
30°
25°
27” in Diameter disc - cast specialty concrete - ush mounted
into existing concrete gallery.
12” x 18” framed polycarb. protected
sign Mounted on backeld fence.
North
OPTION A
45th PARALLEL
e 45th Parallel is halfway between
the Equator and the North Pole.
e 45th Parallel of North Latitude on the surface
of the earth passes directly through this marker.
It is an East and West line which is midway between
the Equator and the North Pole.
On this ball eld home plate, rst base, the
rst baseline, and the right-eld foul line and
pole are located precisely on the 45th parallel.
Thank you to Jay Knutson & Rolf Larson
for calling attention to this unique distinction.
Pacic
Ocean Gulf of
Mexico
Atlantic
Ocean
120° 110° 100° 90° 80° 70°50°
45°
40°
35°
30°
25°
27” in Diameter disc - cast specialty concrete - ush mounted
into a concrete pad constructed in the grass strip between the walking
path and concrete gallery.
12” x 18” framed polycarb. protected
sign Mounted on post.
North
OPTION B
45th PARALLEL
e 45th Parallel is halfway between
the Equator and the North Pole.
e 45th Parallel of North Latitude on the surface
of the earth passes directly through this marker.
It is an East and West line which is midway between
the Equator and the North Pole.
On this ball eld home plate, rst base, the
rst baseline, and the right-eld foul line and
pole are located precisely on the 45th parallel.
Thank you to Jay Knutson & Rolf Larson
for calling attention to this unique distinction.
Pacic
Ocean Gulf of
Mexico
Atlantic
Ocean
120° 110° 100° 90° 80° 70°50°
45°
40°
35°
30°
25°
27” in Diameter disc - cast specialty concrete - ush mounted
into a concrete pad constructed in the grass strip between the walking
path and concrete gallery.
12” x 18” framed polycarb. protected
sign Mounted on post.
North
OPTION C
45th PARALLEL
e 45th Parallel is halfway between
the Equator and the North Pole.
e 45th Parallel of North Latitude on the surface
of the earth passes directly through this marker.
It is an East and West line which is midway between
the Equator and the North Pole.
On this ball eld home plate, rst base, the
rst baseline, and the right-eld foul line and
pole are located precisely on the 45th parallel.
Thank you to Jay Knutson & Rolf Larson
for calling attention to this unique distinction.
Pacic
Ocean Gulf of
Mexico
Atlantic
Ocean
120° 110° 100° 90° 80° 70°50°
45°
40°
35°
30°
25°
Eric Mayne, owner of Livngstone
Concrete Design (a local Lake Elmo
Company) has been working
with Kathy Weeks, owner of Weeks-
End Signs to create and produce
a unique marker for the 45th Parallel
marker for placement in Lions Park.
The concept is a 27” in Diameter disc
produced of cast specialty concrete.
This sign will accompany the concrete
marker disc to describe the 45th Parallel
signicance.
Weeks-End Signs will produce this sign
of sturdy aluminum or steel panel and frame.
The globe graphic and text info. will be
reverse mounted vinyl graphics directly
onto a clear polycarb./Lexan panel to make
it highly protected from weather and
vandalism.
12” x 18” framed polycarb. protected sign
This disc will be either ush mounted
into the existing concrete gallery (Option A)
or ush mounted into a concrete pad
constructed in the grass strip between
the Laverne Ave. path and the
existing concrete gallery (Option B)
Eric and Livingstone Concrete Design
produce high end, heavily durable
specialty concrete and custom made
material for countertops, furniture,
sinks, etc.
If you’d like to see a video of how this
product is made, please go to:
Livingstoneconcretedesign.com
STAFF REPORT
DATE: September 4, 2018
REGULAR
ITEM #: 15
MOTION
TO: City Council
FROM: Ben Prchal, City Planner
AGENDA ITEM: Capital Improvements – Tablyn Park
REVIEWED BY: Kristina Handt, Administrator
BACKGROUND:
Based off the scheduled capital improvements the Planning and Public Works department would like to begin
procedure of executing the outlined improvements for Tablyn Park. The Parks commission had a chance to review
the capital improvements for the park on January 7th 2018 and later revisited the topic to further address the need
for parking.
Recommendations from the January 7th 2018 meeting were to:
- Remove the basketball court and replace with parking
- Move the swing set/play area down the hill
Since then the recommendations have changed significantly and are outlined below.
ISSUES BEFORE CITY COUNCIL:
Does the Council support the recommendation of the Parks Commission for Tablyn Park Improvements?
PROPOSAL DETAILS/ANALYSIS:
January 7th 2018 Meeting:
The commission recommended removal of the basketball court to replace with parking as well as move the swing set
down the hill to be with the other equipment. Staff does not necessarily feel that removal of the equipment will
provide more of a benefit than other options. Removal of the swing set as well as basketball court will provide the
park with 18 parking spaces. However, staff also does not feel that the structural integrity of the swing set could be
maintained if it were to be moved. The City would have to purchase a new swing set.
August 20th 2018 meeting:
The commission was presented with the options listed below at the August 20th meeting. The Tablyn Park
improvements consist of adding lighting and additional parking to the parking area/sliding hill to increase safety, at
a cost of $55,000.
In an effort minimize impact to the park and maximize usable park amenities the following possibilities were
presented. Staff had encouraged the options outlined below.
1. Extend the current parking lot to the north 60’-80’ along the park entrance road. This would add 6-8 additional
parking stalls and not require removal of the basketball court or swings. Approximate cost $12,000 - $15,000
2. Post the eastern side of the park entrance (along the sliding hill) no parking while allowing parking on the
western side of the entrance. This would improve visibility and safety to those on the sledding hill while
encouraging users to park on the western side of the park entrance and not require removal of the swings or
basketball court. Approximate cost $1,000.
Page 2
Park lighting upgrades through Xcel Energy will consist of one to two additional light poles being installed to provide
lighting to the parking lot and sliding hill. Based on pricing from the 2016 light installation our estimate for additional
lighting is $10,000.
The Commission did not follow the recommendation to expand the parking lot to the north.
FISCAL IMPACT (2018):
Tablyn Improvements $25,000 - $55,000
OPTIONS:
1) Motion to approve the recommendation of the Parks Commission
2) Motion to approve improvements with amendments to the plan
3) Motion to deny improvements
RECOMMENDATION:
Parks Commission:
The recommendation of the parks commission is as follows “Motion to recommend improvements to Tablyn Park as
follows, add a gravel parking lot in the lower area (north), add lighting for the gravel lot and asphalt lot, sign the east
side of the entrance road as no parking and allow parking on the west side, stripe the existing parking spots as well
as the newly created spots on the entrance road, and add a split rail fence at the top of the hill to create separation.
If the Council still chooses to follow the recommendation of the Commission staff would be inclined to close the lot
during the spring months to prevent ruts and damage to the lot. The primary purpose would be to serve the winter
parking needs.
“Motion to approve the Parks Commission recommendation and seek bids to construct a gravel parking lot in
the lower area (north), add lighting for the gravel lot and asphalt lot, sign the east side of the entrance road as
no parking and allow parking on the west side, stripe the existing parking spots as well as the newly created
spots on the entrance road, and add a split rail fence at the top of the hill to create separation”
Staff Comments:
Staff does not support the recommendation to create a gravel lot in the lower section of the park. Creating this lot
would have the possibility to conflict with the sliding hill in which hill users could collide with parked cars, sledders
my also not be visible to cars entering and exiting the lot. Also, after communicating with the company that would
stripe the entrance road for parallel parking, they encouraged dismissal of this idea because of potential sightline
issues due to the grade and curvature of the road. Because of this, staff is not inclined to support this aspect of the
recommendation. Staff still recommends expanding the lot to the north which is expected to add 6-8 additional spots
totaling 16-18.
ATTACHMENTS:
• Parking Lot Design Options
o A, B, C, and D
Washington County, MN
August 28, 2018
0 40 8020 ft
0 10 205 m
1:500
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Washington County, MN
August 27, 2018
0 20 4010 ft
0 7 143.5 m
1:250
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Washington County, MN
August 27, 2018
0 20 4010 ft
0 7 143.5 m
1:250
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Washington County, MN
August 30, 2018
0 110 22055 ft
0 30 6015 m
1:1,200
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
STAFF REPORT
DATE: 9/4/2018
REGULAR
ITEM #: 16
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: 3880 Laverne Avenue North Minor Subdivision Conditions Amendment
REVIEWED BY: Kristina Handt, City Administrator
Ben Prchal, City Planner
BACKGROUND:
On February 7, 2017, the City approved a minor subdivision of the property located at 3880 Laverne
Avenue North. The subdivision resulted in converting one 3.22 acre property in to three parcels: one
2.06 acre parcel and two 0.58 acre parcels (PID#s 13.029.21.22.0024, 13.029.21.22.00025 and
13.029.21.22.0026). Since then, the City has purchased two of these parcels (PID#s
13.029.21.22.00025 and 13.029.21.22.0026) the property and has plans to convert the existing building
in to a new City Hall with Fire Station. The previous conditions of approval required a shared access
driveway. This will not be conducive to the plans to expand the current building in to a City Hall with
Council chambers and fire station, while PID# 13.029.21.22.0024 is used as an insurance office.
Additionally, there is a finding that it would be desirable for parking serving the two new uses in the
new parcels be shared with the Brookfield II building if possible. Because of the anticipated parking
needs of the new City Hall/Fire Station and insurance office, Staff no longer believes it would be
desirable for the uses of these three parcels to share parking. Therefore, the City is requesting Council
reconsider the finding regarding parking and the condition regarding shared access set forth in
Resolution 2017-013.
ISSUE BEFORE COUNCIL:
The Council is respectfully requested to reconsider a finding regarding parking and the condition
regarding shared access set forth in Resolution 2017-013.
PROPOSAL DETAILS/ANALYSIS:
Adopted Resolution Findings. The adopted Resolution 2017-013 set forth the following findings:
1. That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future
Land Use Map for this area.
2. That the Minor Subdivision complies with the minimum lot frontage and area requirements of the
City’s VMX – Village Mixed Use District.
City Council Meeting 9/4/2018 Regular Agenda Item #16
2
3. That the Minor Subdivision complies with the City’s subdivision ordinance and specifically the
requirements concerning exceptions to platting.
4. The City finds that it would be desirable for parking serving the two new uses created by Parcel A
and B as shown on the survey dated November 21, 2016 be shared with the Brookfield II building if
possible.
Requested Amendment. Staff is proposing that finding #4 be removed.
4. The City finds that it would be desirable for parking serving the two new uses created by Parcel A
and B as shown on the survey dated November 21, 2016 be shared with the Brookfield II building if
possible.
Adopted Resolution Conditions. The adopted Resolution 2017-013 set forth the following
conditions of approval:
1) The property shall be rezoned to Village Mixed Use – VMX.
2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $4,500 per acre for
the two new 0.58 acre parcels being created ($5,220 total) prior to any formal City authorization
to split the existing parcel into three lots.
3) The applicant must submit and receive approval of a landscape plan, grading, erosion control, and
other plans outlined herein prior to the commencement of any construction activity on the parcel.
4) The applicant must obtain all other necessary City, State and governing body permits prior to the
commencement of any construction activity on the parcel including but not limited to building
permits, conditional use permits, etc.
5) Any plans for construction on the newly created parcels must comply with the Lake Elmo Design
Standards Manual and specific general site considerations and development standards for specific
uses within the Village Mixed Use District.
6) Building setback locations are subject to City approval and must allow for planned street
improvements.
7) Only one driveway access to 39th Street is permitted. Access may be combined or limited to only
Parcel A or Parcel B.
8) 8-inch watermain stub and 8-inch sanitary sewer main stub shall be shown on the plans and
approved by the City Engineer prior to commencement of construction activity to ensure that the
building placement does not conflict with the ability of the stubs to service both parcels.
9) The site plan is subject to a storm water management plan meeting State, Valley Branch
Watershed District and City rules and regulations. All applicable permits must be obtained if
needed.
10) Stormwater drainage patterns must be maintained as part of any site development.
City Council Meeting 9/4/2018 Regular Agenda Item #16
3
11) Storm sewer connections to the 39th Street system must be at existing or reduced runoff rates and
volumes.
Requested Amendment. Staff is proposing that the following condition be removed:
7) Only one driveway access to 39th Street is permitted. Access may be combined or limited to only
Parcel A or Parcel B.
FISCAL IMPACT:
None.
OPTIONS:
The Council may:
• Approve the requested amendments to Resolution 2017-013.
• Amend the proposed amendments to Resolution 2017-013 and adopt amendments as amended.
• Do not amend Resolution 2017-013.
RECOMMENDATION:
Staff respectfully requests that the Council approve an amendment to Resolution 2017-013, removing
finding #4 and condition #7.
“Move to approve an amendment to Resolution 2017-013 removing finding #4 and
condition #7.”
ATTACHMENTS:
• Amended Resolution 2017-013
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2017-013
A RESOLUTION APPROVING A MINOR SUBDIVISION OF
PROPERTY LOCATED AT 3880 LAVERNE AVENUE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, John J. Zignego, 3880 Laverne Avenue North, P, Lake Elmo, MN,
(Applicant) has submitted an application to the City of Lake Elmo (City) for a Minor
Subdivision to subdivide the property located at 3880 Laverne Avenue North in to three separate
parcels in accordance with the certificate of survey dated November 21, 2016 and signed by
Timothy J. Freeman, P.L.S., License #16989, a copy of which is on file in the City of Lake Elmo
Planning and Zoning Department; and
WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision
request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and
WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor
Subdivision at a meeting held on January 9, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Minor Subdivision as part of a memorandum to the City
Council for the February 7, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the Applicant’s Minor Subdivision request at a
meeting held on February 7, 2017.
WHEREAS, the City Council re-reviewed the Applicant’s Minor Subdivision request at
a meeting held on September 4, 2018 to amend findings by removing finding #4 and to amend
conditions by removing condition #7 from the previously-adopted Resolution 2017-017.
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1. That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the
Future Land Use Map for this area.
2. That the Minor Subdivision complies with the minimum lot frontage and area requirements
of the City’s VMX – Village Mixed Use District.
3. That the Minor Subdivision complies with the City’s subdivision ordinance and specifically
the requirements concerning exceptions to platting.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited
and information received, the City Council of the City of Lake Elmo hereby approves the Minor
Subdivision request, provided the following conditions are met:
1) The property shall be rezoned to Village Mixed Use – VMX.
2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $4,500 per
acre for the two new 0.58 acre parcels being created ($5,220 total) prior to any formal
City authorization to split the existing parcel into three lots.
3) The applicant must submit and receive approval of a landscape plan, grading, erosion control, and
other plans outlined herein prior to the commencement of any construction activity on the parcel.
4) The applicant must obtain all other necessary City, State and governing body permits prior to the
commencement of any construction activity on the parcel including but not limited to building
permits, conditional use permits, etc.
5) Any plans for construction on the newly created parcels must comply with the Lake Elmo Design
Standards Manual and specific general site considerations and development standards for specific
uses within the Village Mixed Use District.
6) Building setback locations are subject to City approval and must allow for planned street
improvements.
8) 8-inch watermain stub and 8-inch sanitary sewer main stub shall be shown on the plans and
approved by the City Engineer prior to commencement of construction activity to ensure that the
building placement does not conflict with the ability of the stubs to service both parcels.
9) The site plan is subject to a storm water management plan meeting State, Valley Branch
Watershed District and City rules and regulations. All applicable permits must be obtained if
needed.
10) Stormwater drainage patterns must be maintained as part of any site development.
11) Storm sewer connections to the 39th Street system must be at existing or reduced runoff rates and
volumes.
Passed and duly adopted this 4th day of September 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk