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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 1 532857v2 SJS LA515-51 (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 2 532857v2 SJS LA515-51 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; 3 532857v2 SJS LA515-51 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. 4 532857v2 SJS LA515-51 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 5 532857v2 SJS LA515-51 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 6 532857v2 SJS LA515-51 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 7 532857v2 SJS LA515-51 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 8 532857v2 SJS LA515-51 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. 9 532857v2 SJS LA515-51 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 10 532857v2 SJS LA515-51 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 11 532857v2 SJS LA515-51 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 12 532857v2 SJS LA515-51 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 13 532857v2 SJS LA515-51 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. 14 532857v2 SJS LA515-51 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 15 532857v2 SJS LA515-51 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. 16 532857v2 SJS LA515-51 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