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Home My WebLink About06-09-15 CCMP1'1 IL (11:1" ( LAKE ELMO ( if to Piopide'Oparit,.), /"1/17/ii 4/ 1-in-cdilv Rcsporisib! nilee tar irbik Prefen,illj; the City 'f Open .S'.(7Ce (.71allic'ter NOTICE OF MEETING City Council Meeting Tuesday, June 9, 2015 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda A. Call to Order B. Pledge of Allegiance C. Roll Call / Order of Business D. Approval of Agenda E. Council Reports F. Presentations/Public Comments/Inquiries • Sunfish Lake Park Nature Center - Tony Manzara G. Proclamation 1. Huff Puff Days H. Finance Consent Agenda 2. Approve Payment of Disbursements 3. Accept Assessors Report dated April 30, 2015 4. Approve Tax Abatement Payment for Valley Cartage 5. Approval of Fund Transfers for 2014; Resolution No. 2015-48 I. Other Consent Agenda 6. 39th Street N: Street & Sanitary Sewer Improvements - Pay Request No. 5. 7. Pumphouse No. 4 Improvements - Pay Request No. 8 (FINAL). 8. Section 34 Pressure Reduction Valve Station Pay Request No. 2 9. Encroachment Agreement - 12409 Marquess Way N 10. Approve Temporary Liquor License for Jaycees - Huff `n Puff Days J. Regular Agenda 11. 2015 Capital Improvement Financing Plan; Approval of the Issuance of G.O. Bonds Series 2015A; Resolution No. 2015-49 12. Cooperative eement with Washington County for Downtown Street and Utility Project 13. Downtown Street, Drainage and Utility Improvements - Improvement Hearing; Order Improvements; Consent to Award Contract; Resolution No. 2015-50 14. MN -DEED Grant Program - Resolution Accepting the DEED Inwood Water System Grant; Resolution No. 2015-51 Is, Water Tower # 4 -Approve Land Purchase Agreement 16. East Village Trunk Sewer Agreement; Resolution No. 2015-52 17. Amendment of Easton Village Development Agreement is. Zoning Text Amendment - Freeway Signs Findings for Denial; Resolution No. 2015-53 19. Discussion of the Sale of the City's Properties in the Downtown Area - no memo (Blo)er 11.v/test) 20. Placement of City Council Reports - 110 /11e/1/0 (1-111111r11 request) 21. Authorize Independent Counsel to Investigate Claims of Hostile Work Place - llo memo /ger l'ques1) 22. Council Meeting Decorum - no memo (1-7/1/et request) 23. Discussion of City Clerk Replacement Position - memo (Litiqgtm request) 24. Discuss Separation Agreement for City Administrator - »o Memo (13/over request) * May Include Closed Session Under MN Statute 13D.05(3)(a) K. Staff Reports and Announcements L. Adjourn CITY OF LAKE ELMO HUFF 'IN PUFF DAYS PROCLAMATION WHEREAS: The Lake Fimo Jaycees have been a vital part of the development of young leaders of our community the past 43 years, and WIIEREAS: This organization of young people ‘vill again be sponsors of Fluff n' Pun' Days. August 6'1', 70. 8111, and 9'1' 7015. NOW, .FHERFFORE, I, Mike Pearson, Mayor of Lake Elmo, do hereby proclaim the second week in August 2015 to be HUFF 'IN PUFF DAYS in Lake Elmo, and urge all citizens of our community to give full regard to past and continuing services of the Lake Elmo Jaycees. Signed this June 9, 2015. Mike Pearson Mayor Ir CITY '\NE ELM( 4_1 p t i v i L Li ; i ; ' pp; DATE: June 9, 2015 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of $733,858,16 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Item ...., ...... .... City Administrator Report ........City Administrator Questions from Council to StafT..... ..... ........... ............. ..... Nlayor Facilitates Call for Motion ..... Nlayor & City Council Discussion ..... ..... Mayor & City Council - Action on !Vlavor Facilitates POL1CY RECOMMENDER: Finance FISCAL IMPACT: $733,858.16 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $733,858.16. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page City Council Meeting June 9. 2015 BACKGROUND INFORMAT1ON/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. Claim # Amount Description 42879-42926 $ 733,678.16 Accounts Payable 6/09/2015 2731-2733 180.00 Library Card Reimbursement 6/09/2015 TOTAL S 733.858.16 RECOMMENDATION,: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $733,858.16. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable To Be Paid Proof List User: PattyB Printed: 06/03/2015 - 10:3S AM Batch: 003-06-2015 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type P0 # Close 11'01,ine fi B AK ERPAT 13aker Patricia 2015-05 06;.07/2015 600.00 0.00 06/09/2015 May Services 101-410-1520-43150 Contract Services 2015-05 06/02/2015 1,200.00 000 06/09/2015 May Services 601-494-9400-43150 Contract Services 2015-05 06/02/2015 240.00 11.00 06/09/2015 May Services 602-495-9450-43150 Contract Services 2015-05 06/02/2015 360.00 0.00 06/09/2015 May Services 603-496-9500-43150 Contract Services 2015-05 Total; 2,4000) BAK ERPAT Total: 2,400.00 CENTIEN Centupy Fence Company 8032010 05/28/2(115 71,289.00 0.00 06/09/2015 Ball Field Fencing 404-480-8000-44030 Repairs/ M aint Imp Not Bldgs 8032C00 Total: 21,289,00 CENTTEN Total: 21,289.0(1 FOCUS Focus Engineering, Inc. 1931-1935 05/30/2015 745.75 0.00 06/09/2015 Building 101-420-2400-43030 Engineering 1931-1935 05/300015 254.51) 0.00 06/09/2015 PW 101-430-3100-43030 Engineering Services 1931-1935 05/30/2015 2,627.95 0.00 06/09/2015 General 101-410-1930-43030 Engineering Services 1931-1935 05/30/2015 649.00 0.00 06/09/2015 Planing I 01-410-1910-43030 Engineering Services 1931-1935 05/30/2015 255.00 0.00 06/09/2015 ROW 101-430-3100-43030 Engineering Services 1931-1935 Total: 4,532.20 1936 05/30/2015 971.00 0.00 06/09/2015 Water 601-494-9400-43030 Engineering Services AP - T1,4 Be Paid Proof List 100/03/15 - 10:38 AM) No 0000 NCI (J000 No 000)) No 011)(1 No 0000 No 0000 No 0000 No 0000 0000 No 0000 No 0000 Page 1 nice # Inv Date 1936 05/30/2015 602-495-9450-43030 Engineering Services 1936 05,,30/2015 603-496-9500-43030 Engineering Services 1936 Total: 1937 05/30/2015 409-480-S000-43030 Engineering Services 1937 05130/20 I 5 4(19-480-800(1-43030 Engineering Services 1937 05/300015 409-480-8000-43030 Engineering Services 1937 Total: 1938 05/30/2015 601-494-9400-43030 Engineering Services 1938 Total: 1939 05/30/21115 601-494-9400-43030 Engineering Services 1939 05/30/2015 602-495-9450-43030 Engineering Services 1939 Total: 1940 05/30/2015 601-494-9400-43030 Engineering Services 194(1 Total: 1941 05/30/2015 001-494-9400-43030 Engineering Services 1941 Total; 194 ) 05/300015 409-480-80110-43030 Engineering Services 1942 Total: 19-13 05/3012015 409-480-80011-43030 Engineering Services 1943 Total: 1944 05/30/2015 409-480-8000-43030 Engineering Services I 944 Total; I 945 05/30/2015 601-494-940(1-43(130 Engineering Services 1945 Total; 1946 05/30/2015 409-480-8000-43030 Engineering Services 1946 Total: 1947 05/30/7015 409-480-8000-43030 Engineering Services 1947 Total: AP - To 13c Paid Proof List I06/03/15 - 10;38 AM Amount Quantity Punt Date Description Reference Task Type PO # Close POLine # 559.00 0,00 06/09/2015 Sewer No 0000 2,749,50 0.00 06/09/2015 Surface Water No (8810 4,279,50 488.05 (1,1)0 06/09/2015 20 5. 33 Traffic & Transp No 0(10(1 1,337.41 0.00 06/09/2015 2015.115 Street Maintenance No 0000 59,00 0.00 06/09/2015 2015. I 14 Municipal Aid No 1)000 1,884A6 376.25 0.00 06/09/20 15 2013,125 Production Well 4 No 0000 376.25 156.00 0.00 06/09/2015 2013.126 Section 34 Water No 0000 734.00 0.00 06/09/2015 2013.126 Section 34 Sewer No 0000 390,00 36140(1 (),(1)) 06/09/2015 2013.132 Pumpliouse 4 No 0000 360.00 2,273,06 0.00 06/09/2015 2013.133 1.E Ave Trunk Waterman) No 0000 2,273.06 12.354,45 0.00 06/09/2015 20 13.134 LE Ave Corridor No 0000 12,354.45 389.51) 0.00 06/09/2015 2(113.135 2014 Street linpr No (HMO 389.50 24(1.25 0.00 06/09/2015 20(1.121 State Fliway 5 No 01108) 240.25 765. 10 0.00 06/09/2015 2014,129 Inwood Booster Station No 0000 765.10 2,280.00 0.00 06/09/2015 2014.131 3901 Street No 000111 2,280.00 1,097.75 0.00 06/09/2015 2015,117 2015 Seal Coat No 0000 1,097.75 Page 2 Invoice # NV Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine 1948 05130/2015 2,093,95 0,01/ 00/09/2015 2015.118 20 I 5 Crack Coat 409-480-8000-43030 Engineering Services 1948 Total: 2,093,95 I 949 05/30/7015 4,750.50 0.00 00/09/2015 2015.120 Eagle Point Blvd Street 409-480- -43030 Engineering Services 1949 Total: 4,750,50 1950 05/30/7015 442,50 0.0U 06/09/2015 2015,125 CSAI-I I 3 409-480-8000-43030 Engineering Services 1951) Total: 442.50 1951 05/30/2015 4,29(1,29 0.00 06/09/2015 2012.130 Lennar 194 803 -1100-0000-229 I Developer Payments 195 I Total: 4,790.79 1952 05130/2015 5,149:77 0,00 06/09/2015 2013. I 28 Boulder Ponds 803-1100-0000-2291() Developer Payments [952 Total: 5.149,77 1953 05130/2015 432.28 0.00 06/09/2015 Hunters Crossing 803_000_0000-22910 Developer Payments 1953 Total: 432,78 1954 05/30/2015 3,096,51 0.00 00/09/2015 Wildflower 803-000-0000-22910 Developer Payments 1954 Total: 3,096.51 1955 05/30/2015 2,346.75 0.00 06/09/2015 Village Preserve 803410 11 -22 Developer Payments 1955 Total: 2,346.75 1956 0513012015 2,367,50 0.00 001119/2015 Easton Village 803-000-0000-22910 Developer Payments 1956 Total: 2.302,50 1957 05130/7015 235,38 0.00 06/09/2015 Kwik Trip 803-000-11000-229 Developer Payments 1957 Total: 235.38 1958 05/300015 10.652.07 0.00 06/09/2015 Savonna II 803-000-00011-229 I Developer Payments 1958 Total: 10,652.07 1959 05/30/2015 7,580.50 0.00 00/09/2015 Inwood - Hans Ilagcn 803-000-0000-229 I 0 Developer Payments 1959 Total: 7,586.56 1960 05.130/2015 ,148.60 0.00 00/09/2015 Deider-Rieder/Lermar 803-000-0000-229 I 0 Developer Payments 1960 Total: 1 .148.00 1901 05130/2015 1.173,75 0,00 06/09/2015 Hunter's Crossing 11 8034100-0000-229 I 0 Developer Payments 1901 Total: 1,173.75 1962 05/30/2015 1,096,75 0,00 06/09/2015 Lennar III 803-000-0000-22910 Developer Payments 1967 Total: 1096.75 AP - To Be Paid Proof List (06/03'1 5 - 0:38 AM NO 01)110 No 0000 No (10(0) No 0000 No 0000 No 0000 No MOO No 00(10 No 1)(100 No (1000 No 0000 Ni (111(10 No 000(1 No 0000 No 0001) rage 3 Invoice 11 Inv Date A11101111( Quantity Pint Date Description Reference Task Type PO # Close POLine # FOCUS Total: LANG RON Ron's Inspection Services, LLC 13 05/28/2015 101 -420-2400-43150 Inspector Contract Services 13 05/28/2015 101-420-2400-43310 Mileage 13 Total: LANG RON Total: MEI-SAC' Metropolitan Council May 2015 06/03/2015 602-000-0000-20802 SAC due Met Council N.iay 2015 06/0312015 602-000-0000-37220 SAC Early Pay discount/revenue May 2015 Total: IMETSAC Total: MNPCA Pollution Control Agency Minnesota 06/03/2(115 602-495-9450-43030 Engineering Services Total: MNPCA Total: WI i E/VION WI leaton Joseph 10150531 06/01/2015 101-000-0000-20802 Electrical Permit Fees Payable 20150531 Total: WHEA roN Total: Report fetal: Al' - To Be Paid Proof List (06/03/15 - 10:38 A1v1) 78,086.68 2,262.00 0.00 06/09/2015 Building Inspector Services 324.87 0.00 06/09/2015 Building Inspector Mileage 2,586.87 2,586.87 37,275.00 0.00 116/09/2015 SAC Charges - May 2015 -372.75 0.00 06/09/2015 SAC Charges - May 2015 36,902.25 36,902.25 310,00 0.00 06/09/2015 2015,120 M CPA Sanitary Ext, Permit 310,00 310.00 1.338,45 0.00 06109/2015 Electrical Inspection Services - May 1,338.45 1,338.45 147.913.75 No 0000 No 0000 No 1)000 No 11000 No 11410() No10101) Page 4 Accounts Payable To Be Paid Proof List User: Pattyn Printed: 0610312015 - 111:45 AM Batch: 002-06-2015 Invoice tl Inv Dale Amount Quantity Pint Dale Description Reference Task Type 1'0 # Close t'OLine # ANCOM ANCOM Communications. Inc. 53176 05//9//015 101-420-222043230 Radio 53176 Total: ANCOM Total: BIFFS Hills Inc. w561140-561140 05/27/2015 101-450-5200-44120 Rentals - Buildings w561140-561149 Total: BIFFS Total: BLOYERJU Bloyer Justin 2013-419 06101/2015 803,.000-0000-22900 Deposits Payable 2013-419 Total: BLOVERJU Total: BOLT Bolton & fvleiik, I 77839 05/14/2015 60/-495-9450-43030 Engineering Services 177839 Total: BOLTONME Total: BRAIJN Braun Intertec Corporation 13028513 05/2//2015 409-480-800043030 Engineering Services B028513 Total: BRAUN Total! 3,1)93.00 0.00 06/09/2015 6 pagers and software 3,093.00 3,093.00 886.011 0.00 06/09/20 I 5 Portable restrooms - Parks 886.00 886.00 2,000.00 0.00 06/09/2015 Escrow Release - 8881 Jane Road 7,1)00.00 2,000.00 2.,35/,00 0.00 00/09/2(115 20 14.131 39Ih St N Sewer 2,352.00 2,352.00 3,144.25 0.00 06/09/2015 3911r St N 3,144.25 3.1 44./5 AP - In Be Paid Proof' List (06/03/15 - 1(1:45 AM) No 00011 No 0000 No 0000 No 0000 No 0000 Page 1 I IIN oice # Int Dale Amount Quan lily Pint Date Description Reference Task Type 1'0 # Close POILine # BR IN DLEE Britidell Mountain Fire. LLC V05709 05/76/2015 1,250.0(1 0,00 06/(19/2015 Commission tier sale of ladder truck 410-480-8000-45500 Vehicles V05709 Total: 1,250.00 BRINDLES Total: 1,250.00 CAIMMEIMB Cardmember Service 05/71/2015 339.78 0.00 06/09/2015 Arbor Day, Nature Event 404-480-8000-45300 Improvements Other Than Bldgs 05/2112015 187.35 0.00 06/09/2015 Boom kit 101-450-5200-42400 Small Tools & Minor Equipment 015 117.72 0,00 06/09/2015 Tractor Seat 1111-430-3120-42210 Equipment Parts 115/710015 37.25 0.00 06/09/2015 Tools 101-430-3100-42400 Small Tools & Minor Equipment 05/71/2015 II .20 0.00 06/09/2015 Parts 101-430-.3100-42150 Shop Materials 05/71/2015 143.47 0,00 06/09/2015 Tether ball - Sanctuary 404-480-8000-45200 Buildings & Structures 05/21/20 15 349.57 0.00 WO9/2(115 Mike B - CC 101 -000-0000-11500 Accounts Receivable 05/21/2015 34.24 0.01) 06/0972015 Nature Event 404-480-81100-45300 Improvements Other Than Bldgs 05/710015 53.51 0.00 06/09/2015 Holiday 101-420-7220-44300 Miscellaneous 05/21/2015 81)9.94 0,00 06/09/2015 Ring for Winkels 101-470-2220-44300 Miscellaneous 05/71/2015 77.53 0,00 06/0912015 LE Oil 101-420-2400-12120 Ftiel, Oil and Fluids 05/2112(115 973.90 0,00 06/09/2015 Books 101-420-24110-44350 Books (15/11/2(115 '154.13 0.00 06,109/2015 Parking, Hotel 1(11-410-1320-44300 Miscellaneous (15/71/2015 500.00 0.00 06/09/2015 Manager Conference I 01-4 I 0-1320-44370 Conferences & Training 05/21/2015 58,00 0.00 06/09/2015 Finance & Commerce 101-410-1320-44330 Dues & Subscriptions 05/71/1015 16.02 0.00 06/09/2015 Audible 101-4111-1320-43210 Telephone osi) L/71115 291.03 0.00 06/09/2015 Special Election Supplies 101-410-1410-44300 M iscellaneous 05/2112(115 42.13 0.00 06/09/2015 Council - board of appeals 101-410-1 I 10-4,000 Miscellaneous AP - To Be Paid Proof List (06/03115 - I 0:45 AM1 No (MOO No 11000 No 0000 No 0000 No 0000 No 0000 No WWI I No 0000 No 0000 Nu 11000 No 00011 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Nit (11)(11) No 0000 Page 2 lin ()ice # I II V Date 05/21/2015 10 I -410-1320-42000 Office Supplies 05/21/2015 10 I -410-1520-44300 Miscellaneous 051.212015 I01 -410-1940-44300 Miscellaneous Total; CAltDM EM II Total: CENTU RYE CenturyLink 05119/2015 206-450-5300-43210 Telephone 05/19/2015 206-450-5300-43250 Internet Total: CENTURYL Total: Amount Quantity Pint Date Description Reference 'Fask Type PO # Close POLine it 16.06 60.42 21.()0 4,394,25 4.394.25 178.20 0.00 06/09/2015 O(lice Supplies 0.00 (16/(19/21)15 late lec/interest 0,00 06109/2015 Water 06/09/2015 Phone Service - Libraiy 44.93 0.00 06/09/2015 Internet Service - Library 173.13 173.13 (-TYROS EV City of Roseville 7 '0269 05127/2015 2,95E42 101-4101450-431SO Information Technology/Web 220269 Total: 2,951.42 220393 05/27/2015 107.64 101-410-1320-43210 Telephone 20 )143 05/77/2015 I 7.00 101-470-7400-43210 Telephone 220293 05/27/20 I 5 101-410-1450-43210 Telephone 220293 05/770015 101-410-1930-43210 Telephone 2)0203 05/27/2015 101-410-1520-43210 Telephone 220793 05/27/2015 101-410-1910-43210 Telephone 770193 (15/27/2(.115 101-430-3100-43210 Telephone 220293 Total: 464.44 CTVROSEV Total; 3,415.86 DUCE Duce Melissa 05i77/7015 101-000-0000-32210 Building Pennies Total: Al' - To Be Paid Proof List (06/03/ 15 - 10:45 AM 575.00 575.00 0.00 06/09/2015 11' Services - June 0.00 06109/2015 Phone - June 0.00 06/09/2015 Phone - June 17,00 0.00 06/09/2015 Phone - June 17.00 0.00 06/09/20 15 Phone - June 34.00 0.00 06/09/2015 Phone - June 47.15 0.00 06119/2015 Phone - June 224.65 0.00 06/09/2015 Phone - June 0.00 06/09/2015 Dup. Payment - Minor Subdivision Applic. No No No No Nu 00(1(1 11000 0000 0000 0000 No 0000 No (MOO No 0000 No 0000 No 0000 No 0000 No 0000 No 01)(10 No (1)1(11) l':tge 3 Invoice # Inv Date Amount Quantity Pint Date Description Reference 'Task Type PO # Chose POLine 11 DUCE. Total: 575.00 Enright Enright Robert Coble 05/77/7015 55.00 0.00 06109/2015 PC Meeting 5/27/15 I 01-410-1450-43620 Cable Operations Cable Total: 55.00 Enright Total: 55.00 FERGUSON Ferguson Waterworks. Inc #25 16 138401(1 05/20/7015 6,002.16 0,00 06/09/2015 Water meters 601 -494-9400-42300 Water Meters & Supplies 1384010 05/20,0 0 15 119.63 0.00 06/09/2015 Maintenance materials 601-494-94(10-42270 Utility System Maintenance 138401(1 Total: 6,121.79 FERGUSON Total: 6,121.79 GEISLING Ueislinger & Sons, INC Pay Req 2 06/02/2015 2,596.35 0,00 06/090015 '013.126 Section 34 PRV Station 601-494-9400-43030 Engineering Services Pay Req 2 Total: 7,59635 Pay Reg 5 06/020015 45,79368 0.00 06/09/2015 2014,131 39th Street 409-480-8000-43030 Engineering Services l'ay Req 5 Total: 45,793.68 GEISLING Total: 48,390.03 GKSERVIC G&K Services 1182120621 05/27/7015 36,84 0,00 06/09/2015 Uniforms 101-430-3100-44170 Uniforms 1182120621 Total: 36.84 GKSERVIC Total: 36,84 HAGBERGS Hagbergs Country Market S40150 06/01/2015 3.1 0,00 06/09/2015 Arbor Day supplies 404-480-8000-45300 Improvements Other Than Bldgs 840250 Total: 3.10 IIAGBERGS Total: 3.1(1 HOLIDAYC Holiday Credit Office 05/15/2015 77170 0o) 06/09/2015 Fuel 10 I-470-7720-42120 Fuel, Oil and Fluids AP - To Be Paid Proof List r06/03/15 - 10:45 ANI) No 01)00 No (100)) No 0000 No 01100 No (9)0(1 No 0000 No (100(1 No (((9))) Page 4 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine lotal: HOLIDAYC To HYDRO Hydromethods 201505503 05/08/2015 8034810-0000-229 I 0 Developer Payments 201505503 05/08/7015 803-000-0000-229 10 Developer Payments 21)1.505503 Total: HYDRO Total: IN NOV Af limo% ati‘ e Office Solutions 01QZ1934 05/22/2015 101-410-1320-42000 Office Supplies 01QZ1934 05/11( /015 101-410-1910-42000 Office Supplies 011)71934 05/22/2(115 101-420-2400-42000 Office Supplies 01QZ1934 Total: 1NNOVA Total: kailifuel Kalb Fuel Oil Serviee Co 511696 06/02/2015 101-430-31()0-42120 Fuel, Oil and Fluids 512696 Total: katlatiel 'Iota]: Lillie Newspapers Inc. Lillie Suburban Acct 7148 (15/29/2015 101-410-1320-43510 Legal Publishing Acel 7148 Total: Lillie Total: NI FDA LI ST Medalisi Homes 7013-57 06/03/2015 803-1100-0000-22900 Dept Si Payable 2013-57 rotal: MEDALIST Total: - To Be Paid Proof List 106/03115 - 10:45 AM I 272.71) 772.70 405.00 0,00 06/09/2015 Savonna 3rd addition 765.00 0,00 06('09/2015 Boulder Ponds Stormwater 1,170,00 1,170.C10 112.39 0.00 06/09/2015 Office Supplies 17,69 0.00 06/09/2015 Office Supplies 13,70 0,00 06/09/2015 Office Supplies 143,78 143.78 35.00 0,00 06/09/2015 oil 35.00 35,00 71.42 0.00 06/09/2015 Hunter's Crossing Notice 5/27/15 71.42 71.42 5,000.00 0.00 06/09/2015 Escrow Release I 1830 58th St 5,000,00 5,000,00 1Vo 0000 N 00(10 No 00110 No 0001) No MOO No IMO No ONO No (1(00 Page 5 Invoice ft Inv Date Amount Quantity Pint Date Description Reference Task Type PO tt Close POLine ENARDSU Menards - Oakdale 77010 05/21/2015 54.86 0.00 06/09/2015 Landscape clean up materials 101-450-5200-42250 Landscaping klaterials 77010 Total: 54.86 77076 05/2)fl015 40,95 0.00 0610912015 Equipment parts 101-430-3120-42210 Equipment Parts 77076 Total: 40,95 774 12 05/25/2015 30,75 0.00 06(09/2015 Landscape materials 101-450-5200-42250 Landscaping Materials 774 12 Total: 30.75 MENARDSO Total: 126,56 MENARDST Mewards - Stillwater 661 I 7 06/01/2015 67,56 0.00 06/09/2015 Replace faucet - Station 1 I 01-420-2220-4-10 10 Repairs/M aint Bldg 66117 Total: 67.56 MEN ARDST Total: 67.56 M 1 ELERT Miller Terry 2014 -5.40 00/02/2015 5,000,00 0.00 06/09/2015 Escrow Release 5819 LE Ave 8113-000-0000-22900 Deposits Payable 2014-540 Total: 5.000.00 IMILLERT Total: 5,000.00 N1N1IFALT1-1 N.IN Department of Health 05P9/7015 150.00 0.1.10 06/09/2015 2015.120 MDfl Waterman] Permit Fee 601-19:4-9400-4.1030 Engineering Service$ Total: 150.00 MNFIEALTH Total: 150.00 N PC A Pollution Control Agency M innesota 05/79/7015 400.00 0.00 06419/2015 2015.120MPC A General Storm Permit 409-480-8000-43030 Engineering Services Fee Total: 400.00 MNPCA Total, 400.00 NCPERS 566200-NCVERS innesola 5662415 0521/2015 160,00 0.00 06109/2015 June Premium 101-000-01100-21708 Other Benefits 5662415 Total: 160,00 - •lo Be Paid Proof -List 10603/15 - 10:45 AM ) No 0000 No 0000 No 0000 No 000 No 0000 No 0000 No 0000 No 0000 Page 6 Invoice # Inv Date Amount Quantity Pint Dale Description Reference Task Type I'O # Close POILine _.„ NCPERS Total*. 160.00 N I ERR Nithur Fractor & Equipment 01-43626 05/1912015 69.68 0.00 06109/2015 Parts 1(11-450-5200-42210 Equipment Parts 01-43626 Total: 69,68 NIEBUR Total: 69.68 ON ECA LT Gopher State One Call 136010 0513112015 323.65 0 00 06109/2015 Tickets 101-430-3100-43150 Contract Services 136010 Total: 323.65 ON EVA LL. Total: 373.65 OP4 OP4 Boulder Ponds, LTC 06/03 r2015 116,600.00 0.00 06/09/2015 Release Grading Security 803-000-0000-22910 Developer Payments Total: 116,600,00 ON Total: I 16,600.00 ROSENBALI Rosenhauer - General Di 051011 MI I 30 0.5r29/7015 309,141.00 0.00 06/09/2015 Final payment - fire truck 4 I 0-480-8000-45500 Vehicles 66130 'Fmk 309,141.00 ROSENBAU Total: 309,14 1.00 SAMSCLUB Sam's Club 06/0 I/20 15 45.32 001 06/09/2015 Rehab supplies 101-420-2220-44300 Miscellaneous Total: 45.32 SAMSCLUB Total: 45.32 SCIENCE Science NI tricorn of Minnesota 15-0421 05/20/2015 101-450-5200-44300 Miscellaneous 15-0421 Total: SCIENCE Total: AP - To Be Paid Proof List (00/03/15 - 10:45 AM ) 200.00 700.00 0,00 06/09/2015 Sunfish Lake Park Program No 0000 000(1 No 11000 No 0000 No (100(1 No 0000 Page 7 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type I'O # Close POLine # SNIITITSCH Smith Schafer & Associates.LTD 78996 05/28/2015 9,075.00 M O06/09/2015 Final Billing - 2014 CAFR 101-410-1520-43010 Audit Services 28996 Total: 9,075,00 SMITHSCI I Total: 9,075.00 SW/WC SW/WC Service Cooperatives C1210- 20 7 05/27/2015 19,930.00 0.00 06/09/2015 July Premium I I -000-0000-21706 Medical Insurance C1210- 2117 Total: I 9,930,00 SW'WC Total: I 9,930,00 TESSM AN Tessman Company Corp S715397-IN 05/29/2015 266,00 0.00 0(1/09/2015 Landscape Supplies 101-450-5200-42250 Landscaping Materials S215397-IN Total: 266.00 TESSM AN Total: 266.011 TKDA TKDA, Inc. 002015001133 05/115/?015 6,022.66 0.00 06109/2015 2015-120 Eagle Point Blvd 602-495-9450-43030 Engineering Services 002015001133 Total: 6,022.66 TK DA Total: 6,022.60 IC/DUX). The Tool Guy, LTC 5005 06102/2015 115.13 0.00 06/09/2015 Tools 101-430-31110-42400 Small Tools & Minor Equipment 5005 Total: 115,13 TOC)LGIJV Total: 115.13 TOTALM EC Total Mechanical Services, Inc Pay 8 - Final 05/18/ )015 38.252.00 0.00 06/09/2015 2013.132 Puniphouse 4 601-494-9400-43030 Engineering Services Pay: 8 - Final Total: 38,252.06 TOTALM EC "Foal: 38,252.06 -InOWNCTRY Town & Country Cleaning Co 615473 06T11/2015 215.00 0.00 0610912015 June Janitorial Service - Library 206-450-5300-44010 Repairs/Nit:ant Bldg 615473 Total: 215,00 AP - To Be Paid Proof List t 06103/15 - 10:45 AIM Nt 0000 No (MOO No (100(1 N11 0000 No 0010 No 00110 No (IOW Page Invoice # Inv Date TOW NcrRy Total: XCEL Xcel Energy 05/79/2015 101-430-3160-438 I() Street Lighting 05/29/2015 101-420-2220-43810 Electric Utility 0509/2015 101-410-1940-43810 Electric Utility 0509/2015 1(11-430-3160-43810 Street L3gluing 05/29/20 I 5 101-450-5200-43810 Electric Utility 05/29/2015 101-450-5200-43810 Electric Utility 05/29/2015 101-450-5200-43810 Electric Utility 05/790015 I 01-410-2220-43810 Electric Utility 05/29/2015 101-430-3160-43810 Street Lighting 05/)917015 101-450-5200-43810 Electric Utility 05/)9/2015 101-450-5200-43810 Electric Utility 051,90015 101_430_310043810 Street Lighting (15/29/2015 wit-404,9400-438 I 0 Electric Utility 05/29/2015 101-430-3160-43810 Street Lighting 05/29/2015 206-450-5300-43810 Electric Utility 05i/9/1015 602-495-9450-43810 Electric 051)9/2015 60 I -494-9400-43810 Electric (3(111 051)901)15 101-450-5200-43810 Electric Utility 051)92615 001-494-9400-43810 Electric Utility Total: XCEE Total: Amount Quantity Pint Date Description 215.00 27,15 313.06 240.68 30,77 I 1.80 48,72 32.15 276,12 40.33 67,68 39.48 28,08 25.25 1).75 34(1,19 143.59 116,21 13.78 )14.85 2.022,14 2,022.14 AP - To Be Paid Proof List (06413;(5 - 10:45 AM) 0,00 06/09/20 15 0.00 06/09/2015 0,0(1 06/09/2015 0.00 06/09/2015 Utility Services Utility Services Utility Services Utility Services (1.00 06/0912015 Utility Services 0.00 06/09/2015 Utility Services 0.00 06/09/2015 Utility Services 0,00 06109/2015 0.00 06/09/2015 0.00 06/09/2015 Utility Services Utility Services Utility Services 0.00 06/09/20 I 5 Utility Services 0,00 06/09/2015 0.00 06/09/2015 0.00 06/09/2015 11.00 06/09/201 5 Utility Services Utility Services Utility Services Utility Services 0,00 1)6/09/2015 Utility Services 0.0(1 06/09/2015 Utility Services 0,00 06/09721115 Utility Services (1.00 06/09/2015 Utility Services Reference rrask Type # Close l'01,ine No 0000 No 0i100 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No MAIO No (WOO No 0000 No 0000 No 0000 No WOO No 0000 No Page 9 Invoice # Inv Date Report Total; Antonin( Quantity Pmt Date Description Reference Fisk Type PO # Close POI.,ine # 590.764.91 *MP AI - To Be Paid Proof List (06/03/15 - 10:45 AM) Page I() AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AY Monthly Assessor Report Dan Raboin, City Assessor Cathy Bendel, Finance Director Cathy Bendel, Finance Director CIL C DATE: CONSENT ITEM# June 9, 2015 SUGGESTED ORDER OF BUSINESS: 'Introduction of ..... City Administrator Administrator Questions from Council to Staff.........................„...„..............Mayor Facilitates Call for Motion ........ Mayor & City Council Discussion.........,...............,. ..... ..... Mayor & City Council Action on Motion ..... ..... Facilitates 3 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda. the City Council is asked to accept the monthly assessor report for through May 2015 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Con,s'em Agenda, LEGISLATIVE HISTORY/BACKCROUND INFORMATION: Property splits/plats — 0 Sales collected and viewed — 6 Taxpayer inquiries — 8 Miscellaneous inquiries - 5 Inspections — Residential — 41 Commercial — 27 Building permit reviews -33 Pictures taken — 56 Other work performed included: • Monthly meeting with County residential and commercial supervisors page 1 -- Cit), Council Meeting, /Cot/son:Igo/du /tent June 9, 20 1 5 t of all inspection and permit work Perform sales verifications and land value analysis using IVILS and other resources Field telephone inquiries RECOMMENDATION: Based on the aforementioned. the staff recommends the City Council accept the May 2015 monthly assessor report. -- page 2 -- IE 0 IN OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: June 9, 2015 CONSENT ITEM # 4 AGENDA ITEM: Approval for Tax Abatement Payment for Valley Cartage SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator Kevin Corbid, Washington County SUGGESTED ORDER OF BUSINESS: Questions from Council to Staff ..... ......... Mayor Facilitates Staff, Smith Schafer Questions from Council to Staff...................,...............Mayor Facilitates Public Input, if Appropriate.......,................................Mayor Facilitates Call for Motion Mayor & City Council Discussion ...... ....... ..... ...... Mayor & City Council Action on Motion ..... ..... ............. ...... ..... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $3,628.68 On April 26, 2013, the City Council approved a limited property tax abatement for the 8665 Hudson Boulevard (Parcel ID #33.029.21.44.0037) for the tax years 2014, 2015, 2016 and 2017. SUMMARY AND ACTION REQUESTED: On an annual basis, by July 30th each year, the tax abatement for 8665 Hudson Boulevard needs to be remitted to the owner. Staff is seeking City Council approval to refund the City of Lake Elmo portion which needs to be refunded for 2015 which is $3,628.68. -- page City Council Meeting [Consem. Agenda Item June 9, 2015 STAFF REPORT: In the winter of 2012 the City of Lake Elmo was approached by a company from Wisconsin with interest in purchasing a corporate office building at 8665 Hudson Boulevard for the purpose of establishing a headquarters and creating 50 new jobs. They requested a limited tax abatement for the years of 2014-2017. This location was not in a T1F district so those incentives were not available. The City staff took the lead on a project to put together an economic development package that consisted of tax abatement, a sizable forgiveable loan ($500k), job training funds, and energy credits to bring new good paying jobs to the region. The results of this public -private partnership resulted in the building being purchased and all of the stipulations of the partnership and state funding having been exceeded. The following were the benefits as a result of this transaction: Valley Cartage moved their Corporate Headquarters to Lake Elmo and created in excess of 50 new jobs. Improvements were made to the building at 8665 Hudson Boulevard increasing the taxable market value by over $1 million. Retention of a large tenant a key commercial building on the 1-94 col -rider where the City planned for key growth. Participation by Washington County in the abatement process for their share of the tax increment for 2014-2017. It should be noted that there was no tax abatement due for 2014 as a result of the delay in the improvements to the building hitting the tax roll. RECOMMENDATION: It is recommended that the City Council approve a payrnent to Norman James in the amount of $3,628.68 which represents the City share of tax abatement due for 2015. ATTACHMENTS: 1. Resolution #2013-27 2. Washington County worksheet on Lake Elmo component of 2015 tax abatement -- page 2 -- CITY OF LAKE ELMO WASHENGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-27 A RESOLUTION AUTHORIZING LIMITED PROPERTY TAX ABATEMENT FOR 8665 HUDSON BOULEVARD FOR YEARS 2014, 2015, 2016, 2017 WHEREAS, the City of Lake Elmo, Minnesota, under Minnesota State Statutes Chapter 272, 273 and Chapter 489, has the authority to value and assess all real property within its jurisdictional boundaries and, WHEREAS, Minnesota law authorizes political subdivisions to grant property tax abatements for economic development to encourage businesses to locate or expand to an area (Minn. Stat. §§ 469.1819-459.1816) and, WHEREAS, abatements are available for up to 15-20 years and the total abatement cannot exceed the larger of ten percent (10%) of the net tax capacity or $200,000,00 and, WHEREAS, Notman James LLC of Woodbury, MN wishes to purchase and relocate to 8665 Hudson Boulevard in the City of Lake Elmo, Minnesota creating approximately fifty (50) or more jobs providing significant compensation in the area of logistics transportation that will stimulate the local economy and, WHEREAS, the fifty (50) or more jobs include positions in the transportation logistics industry that pay between $35,000-$90,000 per year created by 2015 and that are subject to Minnesota state income tax and, WHEREAS, the current assessed market value of 8665 Hudson Boulevard has been placed at $2,125,500 for the last two years and the building is cun-ently built out at approximately the 80% level and, WHEREAS, the purchase price will include non -real property assets and thus will not solely reflect the value of the improvements and land and, WHEREAS, Norman James LLC has requested a limited property tax abatement for the years 2014-2017 as well as consideration of limited property tax abatement for 2018, and WHEREAS, the City Council finds that the public benefits involved would include, but will not be limited to, general economic development, ultimately increasing the tax base, increasing the number of jobs in the area, and spun-ing economic activity along the 1-94 corridor and these benefits would exceed the cost of abating the City portion of property taxes for the years 2014- 2017 arising from any increase in the property value above the current assessed valuation ($2,125,200,00). Resolution No, 2013-27 NOW, THEREFORE, IT IS HEREBY RESOLVED, That the City Council of the City of Lake Elmo, Minnesota, arees to abate the increase in the city portion of property taxes paid, excluding fiscal disparities, on parcel 33.029.21.44.0037 as follows: I. For the purpose of this agreement, "increase in the city portion of property taxes paid, excluding fiscal disparities" specifically excludes any portion of the tax attributable to the area -wide tax under M.S. § 473F from abatement. The amount of tax abatement is calculated as follows for each parcel with an increase in taxable market value for a given year: 2. a. Calculate the base year city tax for the parcel i. Multiply current year class rates by the taxable market value for taxes payable in 2012 ($2,125,200) to determine the total tax capacity, ii. Multiply the total tax capacity by the fiscal disparity percentage for the current year to determine the fiscal disparity portion of the tax capacity. iii. Subtract the fiscal disparity portion of the tax capacity from the total tax capacity to determine the local tax capacity. iv, Multiply the local tax capacity by the city tax rate for the ciuTent year to determine the base year city tax. b. Calculate the current year city tax for the parcel i. Multiply current year class rates by the taxable market value for the current year to determine the total tax capacity. ii. Multiply the total tax capacity by the fiscal disparity percentage for the current year to determine the fiscal disparity portion of the tax capacity. iii. Subtract the fiscal disparity portion of the tax capacity from the total tax capacity to deterniine the local tax capacity. iv. Multiply the local tax capacity by the city tax rate for the current year to determine the current year city tax. c. Subtract the base year city tax from the current year citv tax to determine the change in city tax. d. The change in city tax greater than SO is the amount of tax abatement for the year. 3 Notwithstanding any provision to the contrary, no city abatement will be granted if the total taxes due on the parcel is less than the total tax amount due for taxes payable in 2012 of 570,256, 4. The maximum duration of the abatement shall be for four years, beginning for taxes payable in 2014, except that the City Council will consider an abatement for the year 201S if requested by the property owner. 5. The maximum annual tax abatement amount shall not exceed S10,000.00 in any year and maximum total abatement for all years for all abating parties shall not exceed 540,00000. Resolution No. 2013-77 6, The City of Lake Elmo will make payment of the abatement to the property owner on or before July 30 of each year. No payment will be made after July 30, 2017 or after the total abatement for the four abatement years has been paid. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF APRIL 2013. (Seal) ATTEST: Bell City Clerk 3 CITY OF LAKE ELMO Resolution No. 2013-27 City of Lake Elmo - Valley Cartage Economic Development Tax Abatement City Resolution 2013-27 P10: 33.029.21.44.0037 TAG 3701 Duration: 4 years Pay 2014-Pay 2017 (Pay 2018 will be considered if requested by owner) Terms: Market Value in year of abatement must be greater than Pay 2012 Market Value of 2,125,000 Total tax in year of abatement must be greater than Pay 2012 total tax of $70,256. Maximum of $10,000 per year/$40,000 total No payment will be made if the first half taxes for the year are unpaid or if delinquent taxes exist for prior years. Payment to be made on or before July 30 of each year. Tax Yoar Pay 2014: Item Base Year Current Year Pay 2015: Base Year Total Tax $70,256 Taxable Market Value 150,000 1,975,000 2,125,000 I 150,000 1,975,000 $77,675 I 2,125,000 Class Rate 1.50% 2 00% 1.50% 2.00%1 F 13% Tax R,ocalTax Capacity Current City Rate City NTC Tax 2,250 39,500 41,750 40.1589% 16,766 24,984 27.761% $6,935.74 2,250 39,500 41,750 I 40.1589%1 16,766 24,984 1 27.761°/01 $6,935.74 "No Value I icrease over 2012" 150,000 1.50% 2,250 1,975,000 2.00% 39,500 $70,256 2,125,000 41,750 34.3461% 14,339 27,411 23.798% $6,523.19 Current Year I 150,000 3,136,300 $113,299 I 3,286,300 2,250 62,726 64,976 I 34.3461%1 22,317 42,659 I 23.798%I $10,151 87 Change in City Tax Amount of Abatement ($10000 max) $0,00 $0.00 Tax Payment Status Y / N (inn i)ort of city agreement') []First half 2014 taxes paid? Y y J No delinquent taxes? First half 2015 taxes paid? No delinquent taxes? $3,628.68 $3,628.68 payable July 30,2015 5/6/2015 Washington County Department of Property Records and Taxpayer Services - Taxation Division CILC DATE: CON SENT FrEm AGENDA ITEM: Approval for Fund Transfers 2014 sunmITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator Jason Miller, Smith Schafer & Associates C T June 9, 2015 SUGGESTED ORDER OF BUSINESS: Questions from Council to Mayor Facilitates Staff, Smith Schafer Questions from Council to Facilitates Public Input, if Appropriate.........,..„ ....„ __Mayor Facilitates Call for Motion ..... .................,.,...... ..... Mayor & City Council Discussion ...... Mayor & City Council Action on ..... ,......... Mavor Facilitates POLICY RECOMMENDER,: Finance/Auditors FISCAL IMPACT: $360,000: budgeted To finalize the December 31, 2014 general ledger and close it down for the year some final transactions/transfers are necessary and were incorporated into the final audit report presented and approved by the City Council on May 19, 2015. SUMMARY AND ACTION REQUESTED: During 2014. it was budgeted that an installment of $200k would be made toward the internal loan and that $160k would he spent on the annual seal coating and crack filling of the streets. 'Io properly account. OF these items, approval is being requested to book these two fund transfers. -- page 1 - - City Council 'Meeting IC(Jirsoir _ June 9, 2015 STAFF REPORT: The following fund transfers need to be approved to be made: $200,000 from the General Fund (101) to the Village Fund (413) so that funds are available to make the annual budgeted loan repayment. $100.000 from the General Fund (101) to the Infrastructure Fund (409) to fund the annual seal coating and cracking tilling for 2014. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2015-48 authorizing the balance transfers between funds as proposed and budgeted for 2014. ATTACHMENTS: . Resolution No, 2015-48 paP,e 2 -- CITY OF LAKE ELM() WASHINCTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-48 A RESOLUTION RELATED TO 2014 YEAR END CLOSURE/AUDIT TO WASHINGTON COUNTY WHFREAS, the City of Lake Elmo desires to close the accounting records as ols December 3 1, 2014, BE IT RESOLVED, by the City Council of the City of Lake Elmo. Minnesota. that the following transfers may be made effective December 3 I, 2014: $200,000 from the General Fund (101 ) to the Village fund (413) so that funds are available to make the annual budgeted loan repayment. $160.000 from the General Fund (101) to the infrastructure Reserve Fund (409) to fund the annual seal coating and crack tilling project for 2014. APPROVED by By: ATTEST: Adam Bell City Clerk Resolution No. 2015-48 this 911day olJune., 2015. Mike Pearson Mayor AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: c U C c DATE: CONSENT ITEM # 7T June 9, 2015 6 39Street North: Street and Sanitary. Sewer improvements Pay Request No. 5 Chad lsakson. Project Engineer Dean A. Zuleger, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent Agenda): - Questions from Council to StatT________„....._________ Mayor Facilitates - Public Input, if Appropriate.....,......................., _Mayor Facilitates - Call for Motion _____________________________ Mayor & City Council - Discussion__ ....... ..... ...... ..... Mayor & City Council - Action on Motion________________ ..... ..... ________ Mayor Facilitates l'OLICY RECOMMENDER: Engineering,. FISCAL IMPACT: None. Partial payment is proposed in accordance with the approved Contract and change orders for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 5 for the 39" Street North: Street and Sanitary Sewer improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 5 to Geislinger & Sons Inc. in the amount of $45,793.68 for the 39" Street North: Street and Sanitary Sewer Improvements". pag4: 1 -- City Council Meeting (Cort,s-ott ,4geildt1 11011 6] June 9, 2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Geislinger & Sons Inc,. the Contractor for the project, has submitted Partial Pay Estimate No.5 in the amount of $=15.793,68. The request has been reviewed and payment is recommended in the amount requested. In accordance \kith the contract documents, the City has retained 5% of the total work completed. The amount retained is $89,594.88. RECOMMENDATION: Staff is recommending that the City Council consider approving, as pari of the Consent Agenda, Pay Request No. 5 for the 39`1" Street North: Street and Sanitary Sewer Improvements project, If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 5 to Geislinger Sc Sons inc. in the amount of $45,793.68, for the 39111 Street North: Street and Sanitary Sewer Ithproventents". ATTACHMENTI: 1. Partial Pay Estimate No. 5 -- page 2 - PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 5 39TH ST N: STREET AND SANITARY SEWER IMPROVEMENTS PROJECT NO. 2014.131 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval Date 1 9/16/2014 2 2/3/2015 3 2/24/2015 4 4/7/2015 Amount Additions Deductions $118,975.00 $22,214.00 $19,435.00 $154,440,00 TOTALS $315,064.00 NET CHANGE $315,064,00 START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: 9/2/2014 6/30/2015 8/15/2015 $0.00 S ENGINEERING, inc. PERIOD OF ESTIMATE FROM 5/9/2015 TO 5/29/2015 CONTRACTOR: GEI5LINGER & SONS, INC. 511 CENTRAL AVE 5, PO BOX 437 WATKINS, MINNESOTA 55389 ATTN: GARY LUEBBEN, PROJECT MANAGER PAY ESTIMATE SUMMARY 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* 5.0% 8. Previous Payments 9. Amount Due (6-7-8) *Detailed Breakdown Attached CONTRACT TIME ORIGINAL DAYS 347 REVISED DAYS 0 REMAINING 78 ENGINEER'S CERTIFICATION: FOCUS Engineering, Inc, The undersigned certifies that the work has been reviewed and to the ell best of their knowledge and belief, the quantities shown In thls estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. CONTRACTOR'S CERTIFICATION; 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 By documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due. 6/2/2015 DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE CONTRACTOR BY DATE $1,760,458.80 $315,064.00 $2,075,522.80 $1,791,897,52 $0 00 $1,791,897.52 $89,594.88 $1,656,508.96 $45,793.68 ON SCHEDULE YES NO X FOCUSEngineeriwinc PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO, 5 39TH ST NI STREET AND SANITARY SEWER IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO, 2014.131 10381 fIESCRIIIF WEN Of CA/ 1161,7 ENGINEERING, inc. C014382.211 toos PI MOO TOTAL 10 DALE UNA flisAlt ill 3 002011330, AMOUNI OMAN iii$ AMOVOL QUAN IL 114 Atom 41-1- PART 1 • SANITARY SEWER 1 S ' Pvt 5AitilARY St VAR SDE 26, 20 65 MILL It 81 S12500 57,2521485 A 5000 154 00 51 18.125.00 2 LL) 580 200311AIN SPAIN SIM 76 15' 20 0118 11 1 0:5 587 021 $89,17s 00 0 5010) i 054 GO 591.88800 3 la AVE SAARI SAY Si 54.0. A. $138 25 AS 25' at I A if 315 539 IN 5.181135 00 0 5000 584 5:5,226 00 4 12 112( SAtiliALL2 $11,1,11, NAL 26 15' - 40- 01111 Li SOO 592.00 545,00000 0 50 Pa 485 $45,540 00 O IN Rya SAIMAILY 515$15, SEM 26 10' :5' Ilf 111 et 030 $04.00 $54.2/000 0 5000 534 518440E00 6 10 PVC 50181/685 51221E, StIlt 75 LEL CASING if Mit 5413Oil $4 00000 (a 4.0 Oa 100 54 NM Oa 7 12 ' Pm: sSimicols 444$1 A 5118 15 0,CANING it No 545 00 SNIDE/ 00 0 5000 12E) 51540800 8 AY 53551. CASING MN RACANSINt11117) i r 100 5525 to 552,50000 0 50 DO 300 55450000 9 24' STEEL CASNO P1111 i141710AUCIARS) 14 170 5535 00 554,20000 0 5000 120 564,20000 10 21111. I-OLINDA ZION ROCK if 15100 50 10 $14000 51700 1111 51 480 11 ititvicINCI if 1 g5t 54 00 S5,7(8)00 0 50 NI 0 15,30 17 4 IRANI/Tit, SSAILIALM 4 EWER Mit tA 12 53,000 00 536 85300 00 0 50 00 12 536.000 00 13 A ERAM11£111))11 5s AISENOLE 861114 if 140 51.0)00 51?,500_00 0 50 CIO i II ? $14,117 50 14 liviii," INC WYE, SMI. la IA 5 5400.00 57 400.15 ,1 5000 6 52.400.00 15 12' )(5' Psti )(NE, OM 25 lit, 4 5450 00 51,840 Co 50 1171 5 07,160 00 li, 6" 52( LA a 10 miNIALis '4 WI 3 1351 3 3' 85 435 (10 58 9414 01.7 11 SO LIG 115 54 / 3000 1 '6 6' /WC 508 .40 34584818414 SEWER St 811181 t 8 1081 338 WI 512.80000 0 NI LIO 389 517,448 Oa 16 ALILCAN LONE 111 11 JERSEY 84S881185 Ai 111.31866333 13 133600883 81115. 66 1 54,600 041 54 500 00 1 5,..,,,,,0 1 54,50000 18 111,LASS COSICAL Ti 11112515 13ALLIMPS Al RIG ILNAI 13IACKING 1346 IS 1 S4,50000 54 SUOMI fl, 50 00 '',4 50000 20 C11055 f RATIN() WATIR 5614810F EA ? 5450.00 14,1531130 a SO 00 53,15000 _ EXPO:NANA-, tiltialtio 80 5 5030340 0.2500.110 0 SO 00 0 5000 SUBTOTAL RAM 1 5450 385 00 5100 5.451,108 30 PARE 2 WAIIIIMAIN 54,11708A115 W83(435961344 2 CON44.0 TO EXISTING G' WATER MAIN 4 5.01161151 TO EX/511E1G 8" 43.16150 1514113 4 CUT 1P8 8' '.0" REMOVE AND VISVOSE OF NOSING NATE VALVE' & ROY 31 REMOVE MI* RERLACt 6( GATE 5 AN( AL, 4109 8110023MN) Maim( iv LAI( 34150 8818833 130.833 6130 1315POS1 10531040100140331 3 9 1/111 CI 37036110 8181186 10 8' 6/13 CI 862 WA 58 344814 11 6 0.3331 8/3313f ANI.31106 32 I18 ORAN) 13 358181 802 EXTENSION 14 11888338.18 EXTENSION 15 LYN) )110141011ONS SURTO At RAM' 2 PAN 3 410111315310301 0/E03331 RNLI 0154'U5E OE 18.1510.12) 5 (ORM SENN) 511410211 AND DISPOSE OF EXISTING STO AM SEW ER MAROON 3 POTHOLE 0115T11IG WATER NI35IE1 4 12" ACP STORM SON()). CLASS 5 5 ILO ACP MONA SELMA CLASS 5 18" 50.11 SRAM SONE h. CLASS 5 (4 ACV 51085451vvtii CLASS 4 12' ACP 6133E1E0 MO 51(1,011044, MAN L GOMM 9 18 0E:4 II AM a On 5120014 ION OMNI MORD 10 .4' 33tY ll#3131, 374601114134444111 4Ii0033 ',61.2140 R,P 14,,A, CLASS 3 37 8'32 3.41568 84644 :2 .1' WA LAI LH 11A3814/5.431113011 14 1i) MA EA ISA6814/18663113101.1 35 5' 83A CATO I 83A3114/1414081011 556 SUMO 16 RR 61.114.0 IS" 54.11 MONA St MN 13 5681.8011AII 30" RLP STORM 58848 El IE 41.80 otAs 8144 siON4 SEWER 11 01111 PROTIC 11011 20 4454380368088 21 WAD 8 )81.WvAl t8.34 22 NE A I SAT i057 W+Aif INis04410111Pf tit,. 3318 AND 1.4, IMMulth 542IE38IA1 WOO 1 3660 4 68800 33486183.5418411385 64511311.2.811/81 16A111.. 501318 ROI LS 31,50; 140 51500.00 0 30.00 5.1,508.1 00 LA 8 5903 610 53338110U 0 80 00 530000 EA $950.00 5950,(0) 0 5(100 585000 4s 571105700 16 600 DO 0 50.00 51700 EA 51,500 MI 54 50000 0 So 00 SOUL) EA 4 03 40(7 (AI 814 (870.00 0 51) 00 4 513,50000 40 13 53 900 00 544,90000 0 51100 10 538,00000 LA 6 1No 00 5 480000 0 SO 00 1 57,28000 70 1i15 00 5428000 0 50 00 4335 01 403 00 1' 10 554 00 51 5011,0t) 0 50.00 08 04,554 00 LA 4 51 45000 IN 81X100 LI 50 00 1 Si 151:100 LA 04 RIO 00 520 0151 041 0 So ail 5 i 6,000 00 11 5260,00 5142000 1000 .1,0.00 IF 3 5600. DU 5500.00 50 00 13 Sao° 10 ICKS 5 i0.00 50000au so 00 94 5540.00 5105,28000 50 00 5214684.00 it 910 5' 10.00 EN, RA) 00 a 5000 5102 $9.020 00 EA 8 5400 00 3320000 0 50.00 8 53 70(100 EA 2 5450 MI $3,1.50_00 5000 7 $3,150,00 Li 30 S40 CO 52,800 ix) 0 50 00 AI $2,800 00 IF 351 547AR 587 474 21.) 0 50.00 091 534427 00 I i 38 la 545.00 515.620 (.10 0 130 00 731) 51002000 0 3808 1417 041 522 8,8,00 55DO SAS $7.58711 00 14 / 5,700 al II 800 ON '1 511.00 13 51.80000 EA 3 , 51 050 LAI S2,101100 0 5000 52 10400 is 3 51 4L0, Lso 5 i .100 00 8 50 00 i 51 400 00 2, 2 5 3 l'nXt 592000 17 51 Ado 00 1.1 51,28000 Fs 1 52 10000 512 3(3000 0 5000 3 5E. 3130.00 14 5 52,500,00 512,541000 0 S000 li 512 SOO (20 LS 2 13.600.00 $7,2470 00 0 5000 7 57,700.00 03' 4 54 35000 04.35000 0 Woo 1 54350.00 is 1 5175011 51:5 00 0 SO OR 54711 00 Es 3 5" 1$0_00 515000 s 50.00 215000 i 4 1 572500 5225_00 0 50 Oa 1 5775 OLL Es 14 SI ?IL 00 52,10000 0 5000 3 502.5 00 5' 30 5511 LEE 5400 00 13 3000 24 5770 DO c , 425 5118 00 5.1,300 00 0 30 00 480 53 /00 00 1' 645 610 00 56 750 60 0 50 00 1, 518 00 1' )(Nu 11 15 544100 IN 0 SO 170 5000 5144,590 IN 54.28005 S I il CEW 840 15 3 515400019L 1570 00000 0 00 50 Ca 115 1,2000130 59.'1044 09).100 1K, 53205075$6 754) GO :ON MACE THIS PEWWID TO I Al. ED) DATE ITEM DESE- (ON ION Of DA, DEM OM QUAN ITV, 440IT PRICE. AMOLEN 1 QUAN1 015 ANIOUN E t)t!A/,EWE'y ElkIODNI E If 50P015.4123 3105.1. C4835 t Uttt ,D;N E NI kEt.NCE 44 1 2,X1 051 54,10511 00 UN; 50 V. 3 1 St,OU DC f 4 4 401 41415 011121, 1141i 60250 111112511 ID 1 54 5045/ ‘.10 :;•.1 500 OD 0 00 50 00 53,1 ,400 OU 5 t kl#'01if, P5 Ai. 5d 55 504401320 d 571020 00 5: 2270 00 0 40 5000 1 57 000 510 D 12500011001 ,W.11" 5 3C,010" GAIE ii;44E 21.3153 5 111 GO 53000 31.82712 00 000 5000 501 1,f30() 00 EEMPORAED WCE SS MAIN 3ENAN( E. XX. 10 $12.04) 1 .?Su IX, 000 50 00 lo E,S,250 00 307005, FE Evl,;014Atb At DEWS 4Y 1 5) E00 00 51,500 130 LE Q0 5000 0 0 00 RitalOvE AND DISPOSE OF E. xISIIND CONcRE 11 t"; Ow AND EED; i 2 X t I 190 Si, 00 i,l, 74000 II 00 $0 OD PIO SI 7401X, ID E MOV, 4140 i145401:4. W 1 ,r, I IP* 1- i i ovl 1N(x 15 80024)2 fp 40 41i f40 5/ 120 518,13000 12 181 5006 X 48 5.111..*.)7,t 00 II Ed MEW E AND DISPOSE OE EXISEVG 8.00M)NENA PA AM! 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FE` 'W.' 00 OE 50 titi21518E P12(11011,8)1C715 115 24 ..,3 ,165 00 41340 10 0- OD 99 DE) ,4 "A 51 t,;118 10 /0 4' PEIIE ORATE() PVC DRAIN 1 17 W 4 Di AtWiElt,,Al E a:NU 51111,415 11 12811, 5717 IN) 312481000 0057 X0041 11851 511.514200 21 ACKEfli GA fi 0A5€ CLASS ', IN EDWEE, 4,,') 'WI 566,99000 000 SO 00 6. 3831 $$$ 9139 ,. 22 if 21C I 21124511.0.011 a/0110W 14.) cv 4090 51 U IXE S417,700 00 0 tXt SO 00 ,1,090 540,900,00 23 18115 SP '3 5 BITUMINOUS WEARING COUWEEE PAKTUM 0,41 IS PWEA2300 TN 800 566 51t 553,200,00 0,00 1000 0 $0 00 '14 DEPE SP 12 5 1311.001NOUS NON WEARING' COURSE 1,7E,4It30E t;,..N 1SPNO IN 135 557 75 577,096 75 ;80 `,.0 5152223 88 1 290 5 574,526 33 2D 12/1111511827255 MAI CRIAL FOP 18E13 DOA) 5051 565 52 OG 51,130 a) 0 V) 50.00 13 05000 /4, 551011C1 404CASI INC, Si f Et. KING ; 20 ISI EA 1;; 545000 $5,40000 000 $0.402 0 50 00 27 ADAE5.3 SEMVE BOW I 20IS1 4.7", al 5250 U0 55,000 01.1 0 CX7 $0 00 0 5.0 00 28 0E,:4 CONE:kilt COREI AND GOP ER If 4310 4)177 54,418.70 0 00 50 00 4,465 $4000s 05 79 4)b12 CONCRETE CURB AND GUTTER iF 105 ,14.9O $1,5400 0,00. SO 00 43 5636,40 ID CONCWIlt PE0E,S14404RAMP LA 12 .$ 42100 55,04000 000 S0.00 i 50.10 00 71 5 ' I. 54421111t 21 5111101A4 5 1 2112: 51 50 545,805 30 4 111) 50 120 12 468 542 0111 00 3/ 3 COE,Itylt IWIA1 CLENCRE II. 0RI5E15A7 WW1 MINI ttiEGEf E MEDD? 5, 740 S7000 S2 A 30000 4, 00 S000 131 522 150 01.1 CONClif 1111850C 3, 25 3041181) 51 /5000 di 00 50 DO X $11 00 24 r RUNCAIL 0 COME PANE 0 W. 12/11 541 DO 15,055500 0 ../52 30.00 78 51,1I400 4S 1210.1131815.21111 012115235545 1544E4,1I44I 3x 105 55001) 525250.0» 35Ou $1, 'E0UL, .1 EE1/1,000 Tii 4144- SP 9 '7 ,lif Ltt.,iO4,1,5 WE' 4E0Nr, f'D€ list E.44, I 0 Est 4 ikAft 10 If f 4.54,4`i 1') ;;c, SV, 00 51 15003 00 44 On iff 00 0, 5000 32 SODDING SY 5400 54.2`, 021,250.00 0,00 SO 00 0 '000' 38 1451111381 ACID PEACE TOP501t BORROW 15.5,0 Cx 500 535 IX) 017,50000 0 GO 3000 0 51100 39 SCE 028 1,11050151 CONT801 1217451152 1 3'E 70031 .41t42 56.500.044 000 5000 0 00,00 40 SFED & HYDROMULCH 44 5M35 52 15 $11,825 iX) 000 $0.10 $0.00 ,11 Sii 1 21551.5 , 53112 1811201151E SLICED LE 1€300 1 9$ 51.950 OD 0 00 5000 5000 42 Sit f FENCE TYR" FLOATING It 30 522 50 $675 00 12.184 $0.00 0 5000 42 011C14 511E2311 11831101t DI 5110 55 75 51,1501:0 0.015 5000 30 3172.50 44 VIBE El SLELWND, EIR 1.5 $125.00 $1.81$ 00 0.00 SO 00 0 SO Dl 4$ 511,14PANELS TYPE C 5E 4 545, 00 5281 85 000 5000 5000 43, 4" 4401e1t SOLID YULE)* t. Mt # KAY il WD; 0 1 5,7 553 405 00 0 CAI S0 1.10 ,4 50 00 41 15 55)1 45 14512111 2 Olt i X005 ii 110 50 75 582 50 1/ 00 50.00 0 SCE tk) 48 1E:041 WIEN MIAOW ;APE EA 1 584`, 12 E,H;Ds EW E; 00 5200 i, •-(,) 00 201211/15. 418121 1 ? 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DPI 1,103111111 128110 I i 400 1,1 '51, 51,20, 285 0 .:o ot, , So ou t ., :,t i o 1010 44104 rit [-4 , .: ,,1 S ”, 00 , 50185 1' 50 00 505022141 ALI LPN d'd f ( k( 3 1 ( .4-,Vo 597110 5000 $744.4102 (4) TOTALS - BASE CONTRACT 51,760,458.SO CHANGE ORDER NO. 1 Di'WEIEE-$ ,,, E. v..S ,llii; 6 ,NA EZE ,,,,,•1 26 t o 5014000 51 000 ,-,, -.. o I , c 08144'C4 '10 £,DSEIDEE 0 5474E13 1,14 14 E.,, ? „ 5555 4,4. 5 1.,0,,, Co ,..01 4 CONNEWT TO E 2 15 l' 15152 16 WAN It MAIN EA i a E.1.602 40 5, ,E:00 00 (OF 4 01 it4 g" 14' IF t t.s, 1 0 ,2 600 01‘ 52,600.00 fa MOD{ APIO 4115444f444144 ,fl• E ,,(6 1 tEED, ,'' V,wit R t.ii.ol l, 5 ,,, 0 ;(, 00 °Y,. P,00 548,203.86 01,131.24232 4Jil Si) 04.4 031,900 00 50 00 51,900 00 $0 00 80 00 5000 X04 34J4 00 4:LS01L4A0L 1 tILL, Ph4SI1,3D 1 Cr I AI 14:1 OA tIIM lrf SCRIPII0I6 01 P22 11170 UNtT Lit tAfg IITY 2690 otittIF Awutta ut,,,U,Itity AM:JUNI UW1000 AlviOUN'l C(21-0 tit MOW. ANL) (20202I (0 i XIS1N.ijAll VAIVi e., Rat LA 30 Si 5£10.00 51.500.00 LI $0 00 f i 1,500 01.) CC3) ' it,MO CI SI 003A1 FR WON If- 1.175 Stt9tt0, 5u4 287 00 0 51600 14(5 S90.375 00 COI .2 8'' GA11,2120 Mtn) (102 EA 2 0 51,700 00 53 .400.00 0 SU 00 2 54211.10 00 (.0 89 16 SIMI III't 2 '6401( AND 602 IA 70 S3.000 Oc 56 00000 6 $0220 2 20,000 OU 00610 DUCIn I IRON 16112NCS itS .',80(10 Si° 90 S26,500.00 I, .SCI 00 2,1+25 $75 750.00 (01.11 8' DIP C). 57 WATER Wort Li 100 SS2 u0 S526130 0 IU./ 80 0 5377 00 COI 12 10 tlupk oR II W22611M462 tNST20.(1) B6 (MIK TIONtrt. Emit t IF 90 0 $178 CO S1602E200 0 SO 00 0 50.00 TOTALS - CHANGE ORDER NO, 1 S118.975.00 S0.00 S105.200.00 CHANGE ORDER NO. Z 101.1 011,14,10i I. CORk Wiii_t 1) 1 L) $i Si .{30 $.1 S.'S OA) 0 56 00 1 5302'.,00 CO, 2 i19Off.151ILL , aim Sr 9 2401) 21625 412 389 00 0 50.00 ,1,440 $18, .30000 TOTALS - CHANGE ORDER NO. 2 02Z.:.14,00 $0.00 572,214 00 CHANGE ORDER NO. 3 I l'03 I .0.1 ViPt ortitimt TOTALS CHANGE ORDER NO, 3 CHANGE ORDER NO. 4 C04 18-112013 £25630PIPE (-04.2 DENJC! 2.1-040z CA504C, PIPE NOT 645 TA LLLO) 05 0 5144i!,U0 50.4.35 CX) 00 DO I 5197135 JO 51913500 164 0 SI 30000 213,20000 104.0 5565 00 25230000 31 0 TOTALS - CHANGE ORDER NO. 4 $154,440.00 50220 519.425,00 55 OV $0 00 SO.00 `15:1 3,200 00 0 SO 00 $211,21U.00 TOTALS - REVISED CONTRACT $2,06,5Z2 80 $48,203. fIS $1,791,697.52 AGENDA ITEM: DATE: CONSENT ITEM # kirnphouse No. 4 - Pay Request No, 8 (Final) SUBMITTED BY: Chad 1sakso , Project Engineer THROUGH: Dean A. Zulcger, City Administrator REVIEWED BY: Jack Griffin. City Engineer Cathy Bendel, Finance Director Ic T June 9, 2015 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): Questions from Council to Staff......,........ ..... Mayor Facilitates Public Input, if Appropriate.....................................„.Mayor Facilitates Call for Motion ..... ,............ Mayor & City Council Discussion.„ ...... Mayor & City Council Action on ..... Mayor Facilitates POLICY RECOMMENDER: Engineering FISCAL IMPACT: 7 None. Final payment is proposed in accordance with the Contract for the project. Payment remains within authorized contract amount and approved change orders for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider. cis part of the Consent Agenda, accepting the improvements and approving Pay Request No, 8 (Final) for the Pumphouse No, 4 Improvements. 'The work has been reviewed by the Engineer and is fully completed in accordance with the Contract. Plans and Specifications and Change Orders. If removed from the consent. agenda, the recommended motion for the action is as follows: "Move to accept the improvements for the Pumphouse No. 4 Improvements and approve Pay Request No. 8 (Final) to Total Mechanical Services', Inc. in the amount of $38,252.06." - - p a (4e I - - City Council Nilo:tine, IConsoit AgoOa hem " June 9, 2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Total Mechanical Services, Inc., the Contractor for the project, has completed the Pumphouse No. 4 Improvements in accordance with the construction contract awarded by the council on February 18, 2014. The Project Engineer has prepared a Certification of Completion indicating that all work is completed including all punchlist items and is recommending the acceptance or the improvements and release or the final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on June 9. 2015 and will extend through June 8, 2016. The final total construction costs for the project is $765.04125 which is 2.2/0 over the original contract amount of $748,640.00. Added project costs were primarily due to the increased amount topsoil borrow and select granular borrow material used onsite, A greater amount of topsoil was imported to the site than was originally planned due to the lack of existing topsoil which could be salvaged on site. Extra select granular borrow material was imported to make soil corrections under the footing of the building. Soil corrections were needed to replace unforeseen poor soil conditions. The project is being partially funded through the MN -DEED water system grant. A breakdown of the project costs compared with the previously approved budget is shown below. Total Project Costs: Funding Source: DEED Water Agreement Funds: Water Enterprise FIIMIS: Post Construction Costs Authorized Project Budget Costs 977,400 $977,400 S263.516 S713,881 $260,000 $717,400 Release of final payment is contingent upon the Contractor submitting !final lien vaivers. RECOMMENDATION: Staff is recommending that the City Council consider, C/S pui'I rue the Consent Agenda, accepting the improvements for the Pumphouse No. 4 Improvements and approving Pay Request No. 8 (Final) in the amount of $38.252.06. If removed from the consent agenda. the recommended motion for the action is as follows: "Move to accept the improvements for the Pumphouse No. 4 hnprovements and approve Pay Request No. 8 (Final) to Total Mechanical Services, Inc. in the amount of S38,252.06. ATTACHMENT(: . Certificate of Completion. Partial Pay Estimate No. 8 (Final). -- page 2 - - CT1 V )1' 1_1 K11..1.1110, vTN l'UN11HUUSF NO 4 INIPROVI'NIFNTS CERTIFICATE OF COMPLETION DATE OF ISSUANCE: JUNE 9, 2015 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: TOTAL MECHANICAL SERVICES, INC. PROJECT NAME: PUMPHOUSE NO. 4 IMPROVEMENTS PROJECI° NO.: 2013.132 PROJEVT NI) 2013 132 Z] This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated FEBRUARY 18, 2014, The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: JUNE 9, 2015 Chad lsakson Rev. No. 49028 FOCUS Engineering. Inc. THE WARRANTY PERIOD BEGINS JUNE 9, 2015 AND ENDS JUNE 9, 2016 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 8 (Final) PUMPHOUSE NO. 4 PROJECT NO. 2013.132 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, P.E., CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval I Amount Date Additions Deductions 1 11/18/2014 $9,604.75 2/3/2015 $6,796.50 TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: $16,401,25 $16,401.25 *Detailed Breokdown Attached CONTRACT TIME 5/19/2014 11/28/2014 12/19/2014 ORIGINAL DAYS 214 REVISED DAYS 0 REMAINING -159 ENGINEER'S CERTIFICATION: 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. CONTRACTOR'S CERTIFICATION: The undersiEmed Contractor certifies that to the best of their knowledge, inforrnation 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 oayments received from the owner, and That current payment shown herein is now due, APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE FOCUS Engineering, inc. , C ENGINEER 5/28/2015 DATE CONTRACTOR BY DATE BY DATE ENGINEERING, inc. PERIOD OF ESTIMATE FROM 1/23/2015 TO 5/27/2015 CONTRACTOR: TOTAL MECHANICAL SERVICES, INC. 420 BROADWAY AVE ST. PAUL PARK, MN 55071 ATTN: MARK DIESSINER PAY ESTIMATE SUMMARY 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* 0,0% 8, Previous Payments 9, Amount Due (6-7-8) ON SCHEDULE YES NO $748,640.00 $16,401 25 $765,041.25 $765,041.25 50.00 $765,041.25 50.00 5726,789,19 $38,252.06 x FOCUS EnginF.T.ring, inc PROJEC' PAYMENT FOCM PARTIAL PAY ESTIMATE NO. 8 (FINAL) PUMPHOUSE NO, 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO, 2013,132 ITEM DESCRIPTION OK ITAL 11E1E0 WV I - GE NI:1101COWS 1 IONE 2 ON 1 NIOBILIZAWN LS 510,000OU 510E10000 3 DN 2 - SITE WORK is 1 545,000 DO 5-15,000 U0 A ON 3 CONCRETE 15 1 530,000 00 530,000.00 DIV 4 MASONRY LS 559,000 00 559 00000 6 DIV 5 - METALS 15 3 $3,000 OD $3,000.00 7 ONE CAR1E51 BY LS 319.000.00 519,00000 8 17147 . THERMAL PROlECIION IS 1 513,000 00 513,009 DO 9 ON 8 DOORS AND WINDOWS LS 512,000.00 512,000 00 10 0159 - FINISHES 15 510,000 OU 510270000 11 ON 10 - SAf EIV AND SIGN-, LS 1 55.000 00 $5,000.00 11 ON 11 PROcEss Fi-iiiiiirilENI 15 i30,000 al Seti3O(10 'at 1 i litV 15 MICHANICAt I s 51! /,900 co I1I 17,900 DO DI OIV 16 33IECIRICA1 Es i EJ5EOU0 00 $14.1,00000 15 COMMON I YCAVA1101-1 101 1..2 Itill 19 I I I/U S i 950 011 I Is IY//E. Sr 32 1, 13110MINL3115 WI ARINFL LOORSt MIS 1E9U 0,133 IN 130 SIDE 00 51A 010,012 1 / 13111FMINCJI15 MA I L.111At. FOli 1ACK ITOAT GAL 35 5000 $210 OD 18 AGGRECLAT E BASE LASS 5, 11.102E CRUSHED IN 190 520 CO 53.800.00 19 511 FCT GRANULAR BORROW 1MO0IFIE0 TN 380 513 50 55,130.03 20 5" CONCRE HT SIDE WA1 X 57 235 S5 00 51,115,00 21 TRUNCATED DOME PANE15 SF 9 540 u0 5220 00 22 TOPSOIL BORROW ICY') CY 15 5bS 00 $97S CIO 71 TEMPORARY ROCK CON51130( HEIN EN I NANCE EtI 1 51.00/1 00 $1,01.10.00 74 511.1 EITNCE, MACHINI, 501210 i F TOO 53.00 51.200 00 ;Fs 51RE3F SWF LPER tift 4 511000 5440.0D Lb SOD 33 7,400 5100 5'9,609.00 IEON TRACT ONO QUANTITY UNIT PRICE AMOUN I IS 3 580.000 00 5 ttO,Utto 00 TOTALS - BASE CONTRACT $748,640.00 CHANGE ORDER NO, 1 1.501-1 C01-1 HYDROSELDING GRA01142,3,C10 Slot CORTICLI ION TOTALS -CHANGE ORDER NO, 1 COMPENSATING CHANGE ORDER NO, 2 CO2,3 CONIPEINSATING4HANGE onout SY 103 2,9,35 18_5 ENGINEERING, inc. INIS PERIOD QuANION TOT Ai_ TO DATT AMOUNT OUAN1 0, v AMOUN I SD 00 I EiCi 3,,;0,01i0 130 SO CIO I oo 5 lo,000 00 559.011 i oo 545.000 00 SO OD I 00 S40,000 00 50.00 1 00 559,000 00 50.00 1 00 53,0000u 50oo t oo 519,000 00 50 00 (00 513,000 00 50.00 1 oa 5t 1,000.00 SO 00 I at 5 lo mom tto oo I oo 0S,000 GO 50 00 2 ;ILI 51o.11.10() GU 50 00 I 00 5137 900,071 SO ltit I .01.7 3ti12,0/10 411 0I7 at 1,0 ai 5 i ,E'iti, al 5000 ill 0 512 11200 50 00 350 5110 00 50 00 137.0 54,110 00 50 00 ET / 0 EB.599 50 SO 00 135 0 $1,115 00 50 00 8 0 5170.00 110.00 226 0 514 3,90 OU 50 00 1 0 51,000 00 5000 TOO 0 51,20000 50.00 -1.0 5L-10 DO 5000 50 00 $0.00 $755,436.50 $1 90 521b SO $S,S95 So 54,009.25 59,60,375 ist /S0 SO 56,796 50 TOTALS -COMPENSATING CHANGE ORDER NO. 2 $6,796,50 TOTALS -REVISED CONTRACT 5765,041,25 So oo 2945 00 505912 SD 40 00 14 50 54 009 23 $0,00 $9,604.75 5(1 00 5000 50.00 $0,00 $0.00 $765,041.25 COU C C V C DATE: CONSENT ITEM # T June 9, 2015 AGENDA ITEM: Section 34 Pressure Reducing Valve Stations — Pay Requcst No. 2 SUBMITTED BY: Chad lsakson. Project Engineer THROUGH: Dean A. Zuleger. City Administrator REVIEWED BY: ,lack Griffin. City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the consent Agenda):. Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate_ Facilitates Call for Motion ............ Mayor & City Council Discussion. ...... ...... ......,.. ......... Mayor & City Council Action on Motion „.... ..... Mayor Facilitates 8 POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract fur the project. Payment remains within thc authorized scope and budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No, 2 for the Section 34 Pressure Reducing Valve Stations project. If removed from the consent agenda. the recommended motion for the action is as follows: "Move to approve Pay Request No. 2 to Geislinger & Sons Inc. in the amount of S2,596.35 for the Section 34 Pressure Reducing Valve Stations". City Council Meeting /C4piscrit Agenda hem ,V June 9, 2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Geislinger & Sons Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 2 in the amount of $2.596.35, The request has been reviewed and 'payment is recommended in the amount requested. In accordance with the contract documents. the Cit. has retained 57o of the total work completed, 'the amount retained is $4,555,00. The improvements include two precast concrete water pressure reducing valve stations and associated utility and site work with one PRV station to be installed along the Hudson Boulevard trunk watermain near the new Kwik Trip service station and one within the Savona 211d Addition. The pressure reduction stations are required to reduce the operating pressures for properties located in the low pressure zone areas of Section 34. The high pressure zone is located in the southwest part of the City including most of Section 33 and 34 with the east end ot° Section 34 transitioning down to the Low Pressure Zone, I'he project is being completed as a public improvement project with the costs fully assessed against the Section 34 properties. The project was awarded for construction by the City C'ouncil on October 21, 2014, RECOMMENDATION: Staff is recommending that the City Council consider approving, as part °fate Consent Agendu, Pay Request No, 2 for the Section 34 Pressure Reducing Valve Stations project, If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 2 to Geislinger & Sons Inc. in the amount of S2,596.35, for the Section 34 Pressure Reducing Valve Stations". ATTACHMENT(S): . Partial Pay Estimate No. 2 -- page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 2 SECTION 34 PRESSURE REDUCING VALVE STATIONS PROJECT NO. 2013.126 PROJECT OWNER: CITY OF LAKE ELMO MOO LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, P.E., CITY ENGINEER CONTRACT CHANGE ORDER SUMMARY I No, Approval Date TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: Amount Additions Deductions $0.00 11/24/7014 12/19/2014 5/22/2015 CUS ENGINEERING, inc. PERIOD OF ESTIMATE FROM 12/24/2014 TO 5/29/2015 CONTRACTOR: GEISLINGER AND SONS, INC, 511 CENTRAL AVE S P.O. BOX 437 WATKINS, MN 55389 ATTN: JEFF GEISLINGER, PRESIDENT PAY ESTIMATE SUMMARY 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* 5.0% 8. Previous Payments .00 19, Amount Due (6-7-8) 'Detailed Breakaown Attached CONTRACT TIME ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their Voowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents. 179 0 -7 ON SCHEDULE YES NO FOCUS Engineering, inc. ENGINEER 06/02/2015 DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge, Information and belief the work covered by this paymen 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. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA .BY DATE BY DATE BY DATE $93,600.00 $0.00 $93,600.00 $91,100.00 $0.00 $91,100.00 $4,555.00 $83,948.65 $2,596.35 PARTIAL PAY ESTIMATE NO, 2 SECTION 34 PRESSURE REDUCING VALVE STATIONS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.126 ITEM 01 SCRIPTION Of PAY ki BASE SID - HUDSON BOULEVARD PRV STATION I)SL2N 0ItV (05 PAS lit510M1 5.50)51 SU0101 AI BASi BID TOTALS - BASE CONTRACT 1.010 04,.1 lf NIT ETfa 510(0) ENGINEERING, inc. P-n PERIOD t(yriq, CO DATI- ANTOUN I QUAt41tP AMOUNT QUAN ITV AN1051P $'11 1Lkt OD 0 03 Si ,_3i ti3 1 00 ';9t.I51 ai $0.00 if, OU 5f1 ik u 00 SO 04) ';13 btg.lot) 52,733 01J 591 10,1iX1 $91,600.00 $2,733 00 $91,100,00 K E :1-1\1( ) DATE: CONSENT ITEM # CT June 9, 2015 AGENDA ITEM: Easement Encroachment Agreement — 12409 Marquess Way N SUBMITTED I3Y: Joan Ziertman, Planning Program .Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase, Building Official Adain Bell, City Clerk SUGGESTED ORDER OF BUSINESS (if removed from consent agenda); Introduction of Item Report/Presentation.,........,......,....,...............................„ ......... „.„..„,Staff Questions from Council to Staff Mayor Facilitates Call for Motion ......... ..... ....... Mayor & City Council Discussion Mayor & City Council Action on Mayor Facilitates 9 POLICY RECCOMENDER: Staff recommends that the City Council approve the encroachment agreement for Dylan & Lyndsey Thomas at 12409 Marquess Way N as part of tonight's consent agenda. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of an easement encroachment agreement. The City has received a request to install a fence within a drainage and utility easement area at 12409 Marquess Way N from Dylan and Lyndscy Thomas. Approval of the requested improvement within the City's drainage and utility easements would allow the property owners to construct the requested improvement within the City's drainage and utility easements located on their private property. Staff is recommending that the City Council approve the easement encroachment agreement as part of the Con,s'ent Agenda. If the C'iry Council removes the item Pont the Consent .,4genda, the recommended action can he completed throng/1 the following motion: pime 1-- City Council rvIcetin,2, .-1,1o1,1(.1 Iipi June 9, 2015 "Move to approve the easement encroachment agreement for Dylan & Lyndsey Thomas, 12409 Marquess 1,fitty N to install a fence within the City's drainage and utility easement." LEGISLATIVE HISTORY: The City holds easements of different sizes and or different purposes on many residential and commercial properties throughout the City. When a resident is interested in putting a structure Nvithin an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that inforination is received. staff reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If staff determines that the improvement will not negatively impact the functionality of the easement. an approved building permit showing the requested work and an Easement Encroachment Agreement is needed before the ‘vork may commence, The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning staff. The proposed fence meets all city code requirements and Staff would have otherwise authorized construction of the fence if it did not encroach into a drainage and utility easement. BACKGROUND INFORMATION (SWOT): Strengths: The easement encroachment agreement is a legal document that has been signed by all property owners seeking to install improvements within an easement. The document. among other things. indemnifies the city from responsibility if damage occurs to the improvement or if it needs to he removed at some point in the future, Weaknesses: None Opportunities: None Threats: None RECOMMENDATION: Based 017 the Obrementioned, St( •ec uuling that the City ('ouncil approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the nein from the Consent Agenda, the recommended cic!/on can he completed through the jollowing motion: "Move to approve the easement encroachment agreement for Dylan & Lyndsey Thomas to install a fence within the Citydrainage and utility easement." -- page 2 -- C C C T DATE: CONSENT ITEM # AGENDA ITEM: Temporary Liquor License for Lake Elmo Jaycees SUBMITTED BY: Beckie Gumatz, Deputy Clerk THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Adam Bell. City Clerk/Assistant City Administrator June 9, 2015 SUGGESTED ORDER OF BUSINESS: Introduction of Item ........ .......... ___________________ City Administrator Report/Presentation ......... Administrator Questions from Council to Staff Mayor Facilitates Call for Motion .......... ..... .............................._______ Mayor & City Council Discussion _______________________________ Mayor & City Council Action on Motion__ ........ ..................________________ Mayor Facilitates POLICY RECOMMENDER: Lake Elmo Jaycees, Staff FISCAL IMPACT: SUMMARY AND ACTION REQUESTED: 10 As part of the Consent Agenda. City Council is respectfully requested to consider approval of a temporary on -sale liquor license issued to the Lake Elmo Jaycees for their annual Huff n. Puff Days event held August 6 through 9. 2015, subject to approval of the Director of Alcohol and Gambling Enforcement. In addition. the City Council is requested to waive the S25 liquor license fee and the fee for the Lion's Park ball field lighting. As part of the Consent Agenda, no formal motion is required. If removed from the Consent Agenda. the recommended motion is as follows: "Move to approve a temporary on -sale liquor license issued to the Lake Elmo Jaycees for their Huff n' Puff Days event held August 6 through 9, 2015, subject to approval of the Director of MN Alcohol and Gambling Enforcement Division, and waive both the $25 liquor license fee and the fee for Lion's Park ball field lighting." pa2,e -- City Council Meeting 1Comclit Agenda hem /0/ June 9, 2015 LEGISLATIVE HISTORY: Pursuant to Lake Elmo City Code Chapter 111.17 Section (13)(3), temporary on -sale licenses shall be issued only to clubs, charitable. religious, or other non-protit organizations in existence for at least three years and shall authorize the on -sale of intoxicating liquor in connection with a social event sponsored by the licensee and subject to the restrictions imposed by NAN Statute 340A. Lake Elmo Jaycees will hold their annual Fluff n' Puff Days event August 6 through 9, 2015 and have requested an on -sale temporary special event liquor license to allow for the safe sale of alcoholic beverages at the event. RECOMMENDATION: If removed from the Consent Agenda, Staff recommends the following motion: 'Move to approve a temporary on -sale liquor license issued to the Lake Elmo Jaycees for their Huff n' Puff Days event held August 6 through 9,, 2015, subject to approval of the Director of MN Alcohol and Gambling Enforcement Division, and waive both the $25 liquor license fee and the fee for Lion's Park ball field lighting." AGENDA ITEM: YO C L CO ICT DATE: REGULAR S$ ITEM # June 9, 2015 11 2015 Capital Improvement Financirn4 Plan: Presentation of Financing Plan of G.O. Bonds. Series 2015A: Approval olthc issuance of G.O. Bonds, Series 2015A SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Tammy Omdal, Senior Vice President, Northland Securities REVIEWED BY: Dean Zuleger, City Administrator Finance Committee SUGGESTED ORDER OF BUSINESS: Questions from Council to Mayor Facilitates - Report/Presentations.... ......... Staff, Northland Securities Questions from Council to Staff................,...........„.....Mayor Facilitates Public input, if Appropriate.........,............................„Mayor Facilitates Call for Motion Mayor & City Council Discussion_ ..... Mayor & City Council - Action on Mayor Facilitates POLICY RECOMMENDER: 1 inance Committee FISCAL IMPACT: City responsibility for the debt service on the issuance of $2.815,000 of new debt as presented in the Financing Plan. SUMMARY AND ACTION REQUESTED: 'Hiroughout 2015, various projects have been brought to CityCouncil and have been approved to move forward, The updated 2015 CIP listing was re' ICWCLE in detail by the Finance Committee on May 13, 2015, This Financing Plan represents the financing needs based on those approved projects. page 1 -- City Council l‘leeting tRe,!vrlw..-1,,,eliche twin I I I June 9, 2OI, STAFF REPORT: Tammy Orndal, Senior Vice President with Northland Securities will present the report and respond to inquiries. BACKGROUND INFORMATION (SWOT): Strengths Weaknesses Provides funding for infrastructure projects at a low rate. Projects included are the 3911' Street Project costs (additional funding needs due to approved project scope changes after 2014 bonding cycle), the Inwood Booster Station Project, the Eagle Point Street Reconstruction Project (100% assessment project) and some equipment purchases. None identified. Opportunities Ability to complete the Inwood Line of the water -loop- in 2015 ;And provide water and sewer to new development areas of the City. Threats RECOMMENDATION: If developments arc delayed or do not materialize, the enterprise fund may not he able to independently fund the debt service payments on the infrastructure bonding. It is recommended that the City Council approve Resolution No. 2015-49 authorizing the issuance and sale of $2,815,000 in General Obligation Bonds, Series 2015A. "Move to approve Resolution No. 2015-49 authorizit the issuance and sale of General Obligation Bonds, Series 2015.41 in the amount of S2,815,000" ATTACHMENT(S): I. Northland Securities Finance Plan Summary for G.U. Bonds, Series 2015A 2. Certificate of Minutes and Resolution No. 2015-49 Authorizing the Issuance and Sale of G.O. Bonds, Series 20I5A paii,e 2 -- 2;4 FINANCE PLAN SUMMARY FOR CITY OF LAKE ELMO, MINNESOTA 2,815,000 GENERAL OBLIGATION BONDS, SERIES 2015A 45 South 711i Street Suite 2000 Minneapolis, MN 55402 612-851-5900 S00-851 -2920 June 9, 2015 City of Lake Elmo, Minnesota $2,815,000 General Obligation Bonds, Series 2015A FINANCING OVERVIEW This Finance Plan Summary describes the recommended terms and process for the public issuance of $2,815,000 of General Obligation Bonds, Series 2015A through a competitive public sale process, PURPOSE Proceeds from the Bonds will be used to Fund a portion of the City's 20'15 infrastructure projects and purchase of equipment including,: • 39111 Street Project • Inwood Booster Station Project • Eagle Point Reconstruction Project • Equipment Purchases The estimated financing required for project costs is $2,739,211 allocated to include $1,164,561 of utility system costs, $1,447,100 of improvement 'project costs, and $127,550 of equipment costs, The total borrowing required including financing costs is $2,815,000 and is detailed in Figure]. FIGURE 1 Sources Ot Funds Par Amount of Bonds Total Sources Uses Of Funds Total tahlermiicrs (1.250"io Costs of istillallie Deposii 111 Proicct Construction Fund R.(itinklin. Amman lists Improvement Issue Portion Utility Portion Equipment Summary 51 .-190,000 (10 51,195,000 00 5130.000 U0 52.815,000 00 S I ,4911.11110,111) S I ,I 95,000,00 5138,0011,00 S2,81 5,000.00 18.625.00 I-11137 511 1,625 00 35,187_50 20.881.1T' 16746.98 1.821.85 30,450 00 1,-147.100.00 1,1(0.561.00 127,550,00 2,739,211.00 3.393.83 (1.2-15,-1 1991.85) 1.151 50 S1,1911,0110,00 8I,195,1)00.011 5130,000,00 52,815,000.00 NoR l'111,AN Page 2 EC I! RITI STATUTORY AUTHORITY The Bonds will be issued pursuant to the authority of Minnesota Statutes Chapter 475, 429, 444, and 412,301. The City's bond attorney from Dorsey & Whitney is assuring compliance ‘.vith Minnesota and Federal laws, DEBT SERVICE STRUCTURE The total repayment generally reflects a level annual requirement over a term of ten years for the Improvement portion, and a term of fifteen years on the Utility portion and not to exceed seven years on the Equipment portion with an assumed average interest rate of 2,30"/0 and an all inclusive cost of .169. Individual repayment schedules for the improvement portion, utility portion, and equipment portion have been reviewed with City staff regarding projected revenues to repay the debt service and compliance with the City's Debt Management Policies, 'The total estimated debt service is illustrated in Figure 2, N Page 3 SLCU R 11IES FIGURE 2 Debt Service Schedule Date Principal Coupon Interest Total Pi -I Fiscal Total 0715'2015 071 5:2010 50.262.50 50,202 50 0115/2017 200.000 (1)) 1 05(1°, 28.1.11,25 228.131 25 284.393 75 07/15"2017 274,081,25 27.081 25 0105;2(118 225.0uo 00 I 200°,, 27..081.15 252,081.25 279.102 50 07(15'21118 25.731.25 25.731,25 (11152(119 2,10,00(100 1 -100"0 25.731,25 205.731 25 291.402 50 07/15,2019 24.051 25 24,051 25 0115/2020 240.000 110 1.550"o 24,051.25 264.051.25 288,102_50 07115,2020 22,11/1,25 22,191.25 0 11512021 245.000.00 1.750% 22,19125 207.191.25 289,382 5(1 - .. .. . , ....... 07/"15/2021 20,047 50 20.0.4.50 0111512022 2-15.000.00 1.90(140 2(1,047,5(1 265,047 5(1 285,095,00 0715/2022 .. 17,720 00 17,721/.00 011512023 25(4000/00 .711504()— 17.720.00 207.720 00 285.440,00 07,15 2023 15,157 50 15.157 5(1 01,15;2024 235.000 00 5 1004'6 15,157,511 250,157 50 265115.0(1 07/15•'2024 12.572.50 12.512 5)1 11111512025 2403000,00 2 .15043, 12„572 50 252,572.50 2(35,145 00 07/1512075 9.752.50 0.752 50 (11/15/2020 250,000.00 2 5000,, 9,752.50 259,752 50 209.505,0(1 07/15/2026 (3.627 50 (1.627 5(1 011521/27 85,000.00 2 050% 6,027 50 91,627 50 98,255 00 (1715/2027 - 5.501.25 5,501,75 01"15.12028 85.000 00 2.80040 5;501,25 90.501_25 96 11112 50 0711 5/2028 4111.25 (1,311 25 (11.'15.27129 90,000 00 3,011.04b 4.311,25 94.311,25 98,022.50 07/152029 2.901 25 2,901 25 01/15/2030 90,000 00 3,1504.0 2.901 25 91,964.40 95.922.5(1 07/15/2030 1.543.75 1,543 75 01/1312031 95.001400 3.2504/0 1.54175 96..543.75 98,087 50, Total 52.815,1)110.011 $474,893.75 83,289,893.75 Page 4 NORTH I—ANL F S SECURITY & SOURCE OF REPAYMENT The Bonds will be a general obligation of the City of Lake Elino, In addition, the City will pledge special assessments of approximately $1,460,120 on the Improvement portion, $1,471,163 to, the Utility portion for the repayment of the debt service on the Bonds, The assessment revenue assumes first collection in 2015 over a term of 10 years for the Improvement portion and an interest rate of 4.05% (2% over the average coupon on the Bonds). We have assumed the remaining Utility debt service portions of the bond issue will be supported from the enterprise funds and have therefore pledged those sources accordingly, The Equipment portion of the financing is 100% ta,x levy. An illustration of the projected debt service fund cash flow for the Improvement portion is shown in Figure 3, Figure 4 shows the 105% Levy required for the Equipment portion, and Figure 5 shows the Utility Portion. FIGURE 3 Revenue vs D/S - improvement Portion Less: Equals: Scheduled Assessment City Net Collection Date P+I 105% Levy Revenues Levy Levy Year Year 01/15,2016 - - - 01115/2017 165,820.25 174.117.56 181.305.98 (7.2,(8 42) 2015 2016 2011) 01/1512018 165.905.00 174,200.25 181,365.52 (7,105.27) 2017 1)115/2019 109,225 00 177,086 25 181.305,09 (3.678 83) 2017 2018 01/15/2020 107.195.00 175.554 75 181.365.30 0201M,810.81.1 2 01,15109947 5(1 .'2021178.44488 181.305 -18 .-.1.920.00) 2019 011512022 107.322,50 175.688 03 181,305 10 (5,670 (7) 2020 21(1 1:2)) 2021 01/15/2023 109,17250 177,940 13 181.365 30 13.419.18) 2021 2022 - 01,15.'2.024 166,295.00 174.609 75 181.305 37 (0.755.82) 202220222023 011 5/2025 107.883J)0 170.279 25 181,306 03 5,,008(),78) 2023 11124 (11 5,1202o 169.125 00 177..381 25 181.305.39 (3.784.11 ) 202-1 2025 Total 81,678,198.75 81,762,108.69 61,813,655.03 Nate: NeSCItiVe (70/0//ntS Slit/Willor City net levy ubove will rcsalt iii no !ivy to be cert 0-1. FIGURE 4 105% Levy - Equipment Portion Date 01/5;2017 01;15,2018 0115/2019 01;15 20.20 01/15/2021 011 5-202.2 01/15,1023 1(11(1 Scheduled Levy Collection P+I 105%Levy Year Year 18,101.25 19,006.31 2015 2010 16,910.00 17,755.50 2010 2017 21,73o .1.10 22,8 I h.50 2017 2018 21.450 00 72.52' 50 2018 2019 21,140 00 22.197 00 2019 2020 20.;790.00 21_829 50 2020 .2021 20,410 00 21.430 50 2021 2022 8140,531.25 SI47,557.81 Page 5 NO RT FILAN_ E L: 011iE FIGURE 5 Debt Service Schedule - Utility Portion Date Principal Coupon Interest Total P+I Fiscal Total 11715.'2015* .. 07 15:2010 26,977 50 '6,977 50 01,152017 60,000 00 1.050% 13,188 75 73.488,75 100.466 25 07/15/2017 13,173.75 13,173 75 01'1572018 70,000 00 1 200% 13.173 75 83,173.75 96.347,50 07/15C018 12.753 75 12.753.75 01;1512019 75,000 00 1.4000, 12.753.75 87,753 75 100.507,50 07,115/2019 12.228.75 12.228.75 01/15/2020 75.000.00 1 550% 12.228.75 87.228.75 99,457 50 07;15/2020 11,647.50 1 1 ,647 50 01.115.,2021 75,000,00 1 750% 11,647.50 86.647.50 98,295.00 071 5/2021 10,991.25 10,991.25 01/15/2022 75,000.00 1 900% 10.991 2.5 85.991.25 96,982 50 07i15/2022 - 10.278_75 10,278 75 01,15.21123 75,000.00 2 050,,., 10,278.75 85,278 75 95,557.50 07/152023 9,510.00 9.510 00 01/15/2024 80.000,00 2 200"-1, 9.510.00 89,510 00 99,020 00 07'15'2024 8,030 00 8,630 00 011152025 80.000.00 2.350% 8,630 00 88,030.00 97.260.00 07,15:2025 7,690.00 7,690.00 01.'15-•2026 85_000,00 2 500',o 7,690 00 92,690 00 100.380.00 07•15/2026 6,027.50 6.62.7.50 - 0111512027 1,5000.00 2 650% 6,627.50 91,627.50 98.255,00 07-15;2027 5.501.25 5,501.25 0115:2028 85.000 00 2.81104.6 5.501.25 90,501.25 96,002 50 07/15/2028 4.311.25 4.311 25 01/15/2029 90,000 00 3.000% 4,311.25 94,311.25 98,622.50 07115/2029 2,961.25 2,961 25 01/15.'2030 90..000 00 3.1500... 2,961.25 92.961.25 95.922.50 07/15/2030 1.543.75 1,543.75 01115/2031 95,000 00 3.250'.4, 1,513.75 96,543.75 98.087.50 Total S1,195,000.00 S776.163,75 S1,471.163.75 Page 6 NO RT 1-1 LA N RIT11_S RELATED CONSIDERATIONS Bank Oitalineation - We understand the City (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501c3 corporations) anticipates issuing $10.0M or less in tax-exempt debt during this calendar year. Therefore the bonds will be designated as "bank qualified" obligations pursuant to Federal Tax Law. Arbitrage and Rebate - All tax exempt issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U,S, Treasury. However, bond proceeds may be exempt from rebate if certain expenditure requirements are met. Since the City will issue less than $5 million in tax exempt bonds in 2015, we recommend the City elect the Small issuer Exemption for this issue. Continuing Disclosure - Because this issue is greater than $1,000,000, and the City's outstanding debt exceeds $10.0M, it is subject to the Securities and Exchange Commission's continuing disclosure requirements, Northland Securities is prepared to assist the City in this capacity. Page 7 iRT [1LAN SUMMARY OF RECOMMENDED TERMS 1. 'Type of Bond Sale 2. l'roposals Received 3. Council Consideration 4. Statutory Authority 5. Repayment Term b. Security 7. Prepayment Option Tax Status 9. Credit Enhancement Public Offering - Sealed Bids fuesday, July 7. 20-15 e 10:30 A.M. Tuesday, July 7, 2015 (4', 7:00 P.M. The Bonds are being issued pursuant to Minnesota Statutes 475, 429, 444 and 412.301, The Bonds will mature annually each January 15, 20'16 - 2031, interest on the Bonds will be payable on July 15, 2016 and semiannually thereafter on each January 15 and July 15. General Obligation of the City. in addition, the City will pledge special assessment revenues collected from benefitted properties, utility revenues and tax levies, The Bonds maturing January 15, 2024- 2031 will be subject to prepayment on January 15, 2023 at a price of par plus accrued interest. Dorsey and Whitney, LLP Minneapolis, Minnesota, We believe a credit rating will be cost beneficial. The City's general obligation debt is currently rated Aa2 by Moody's Investors Service. 1"I t LAN 1;t Page 8 CERTIEICATIO, OF 'MINUTES RELATING TO $2,815,000 GENERAL OBLIGATION BONDS. SERIES 2015A Issuer: City of Lake Elmo.. Minnesota GO \ eming Body: City Council Kind. date, time and place of meeting: A regular meeting held on Rine 9, 2015 at 7:00 p.m, at the Issuer offices. Members present: Members absent: Documents Attached: Minutes of said meeting tpag . RESOLUTION NO. 2015-49 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,815,000 GENERAL OBLIGATION BONDS, SERIES 2015A I. the undersigned. being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above. have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed: that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation. and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so -far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above. pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on the day ofJune, 2015. City Clerk Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION NO. 2015-49 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,815,000 GENERAI. OBLIGATION BONDS, SERIES 2015A BF IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota (the "City"). follows: Section 1. Authorization: Purpose, It is hereby determined to be in the best interests of the City to issue its General Obligation Bonds. Series 2015A, in the approximate principal aM01.1111 of $2,815,000 (the "Bonds"), as authorized pursuant to lVlinnesota Statutes. Chapters 475, 444, 429 and 412.301, lor the purpose of (a) financing various street improvements in the City, (h) financing various water and sewer improvement in the City, (c) financing various items or capital equipment and (d) funding, costs of issuance of the Bonds. Section 2. Notice of Sale. Northland Securities. Inc., municipal advisor to the City, has presented to this Council a form of Notice of Sale for the Bonds which is attached hereto and hereby approved and which shall be placed on file by the City Administrator. Each and all of the provisions ol'the Notice of Sale are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Northland Securities, inc. is hereby authorized to solicit bids for the Bonds on behalrof the City on a competitive basis. Section 3. Award and Sale. The City Council shall meet at the times and places shown in the Notice or Sale for the purpose of considering settled bids for the purchase of the Bonds and of taking such action thereon as may be in the best interest of the City. Upon vote being taken thereon, the following members voted in PcIVOr thereof: and the following menibers voted against the same: whereupon the resolution was declared duly passed and adopted. NOTICE OF SALE $2.815,000* GENERAL OBLIGATION BONDS, SERIES 2015A CITY OF LAKE ELMO. MINNESOTA (Book -Entry Only) NOTICE 1S HEREBY GIVEN that these Bonds will be offered for sale according to the b owing s: TIME AND PLACE: Proposals ‘vill he opened by the City Finance Director. or designee, on Tuesday. July 7, 2015. at 10:30 A.M.. Cl, at the offices of Northland Securities, Inc., 45 South 7th Street, Suite 2000, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City Offices beginning Tuesday. July 7, 2015 at 7:00 P.M„ CT, SUBMISSION OF PROPOSALS Proposals ma) be: a) submitted to the office of Northland Securities. Inc., b) faxed to Northland Securities. Inc. at 612-851-5918, c) for proposals submitted prior to the sale, the Final price and coupon rates may be submitted to Northland Securities, Inc, by telephone at 612-851-5900 or 612-85 1-5915, or submitted electronically. Notice is hereby given that electronic proposals will be received via PARITY", or its successor, in the manner described below, until 10:30 AJv1., CT, on Tuesday, July 7, 2015. Proposals may be submitted electronically via PARITY" or its successor. pursuant to this Notice until 10:30 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITY-, or its successor. conflict with this Notice, the terms of this Notice shall control. For further information about PARITY. or its successor, potential bidders may contact Northland Securities, Inc. or i-Dear at 1359 Broadway. floor, New York, NY 10018, telephone 212-849-5021. Neither the City nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITYor its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted, BOOK -ENTRY SYSTEM The Bonds will he issued by means of a book -entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and onc bond certificate, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in thc name of Cede & Co. as nominee of Depository Trust Company (DTC-), New York. New York, which will act as securities depository of the Bonds. • fhe City reserves the right to increase or decrease the principal amount of the lionds„Any such increase or decrease will be made in multiples of 55,000 and may be made in any maturity. It' any maturity is adjusted, the purchase price will also he adjusted to maintain the same gross spread. hulk idual purchases of the Bonds may he made in the principal amount of $5,000 or any in thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the City through Northland 'frust Services, Inc., Minneapolis, Minnesota (the "Pa)ing AgentlRegistrar-t, to D1 C. or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC he the responsibility of DTC: transfer of principal and interest payments to beneficial owncrs by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder. as a condition of delivery of the Bonds. will be required to deposit the bond certificates vs ith DTC. 'rhe City will pay reasonable and customary charges for the services of the Paying Agent/Registrar. July 15,2015 DATE OF ORIGINAL ISSUE OF BON AUTHORITY/PURPOSE/SECT12ITY The Bonds are being issued pursuant to Minnesota Statutes, Chapters 412.301, 429. 444. and 475, as amended. Proceeds from issuance of the Bonds will be used to finance street, sewer, and water improvement projects; purchase equipment: and to pay costs associated with issuance ()Nile Bonds. The Bonds are payable from special assessments on benetitted properties. net revenues of the water and sewer utility systems, and general ad valorem taxes on all taxable property within the City. The lull faith and credit of the City is pledged to their payment and the City has validly obligated itsellto levy ad valorem taxes in the event of any deficiency, in the debt service account established for this issue. INTEREST PAYMENTS interest is due semiannually on each January' 15 and July 15. commencing July 15, 2016. to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the first day (whether or not a business day of the enlendar month of such interest payment date. MATURITIES Principal is due annually' on January 15, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2017 $200,000 7071 $245,000 2027 $85,000 2018 225,000 1073 250.000 2028 85.000 2019 240,000 2024 235,000 2029 90,000 2020 240,000 2025 240,000 2030 90,000 2021 245,000 2026 250.000 2031 95.000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conlOrms to the maturity sehedute set forth above. INTEREST RATES All rates must be in integral multiples of I/20th or I/8th of 1%, Rcrie,smust be in level or ascending circler. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS 'l'hc City reserves the right to increase or decrease the principal amount of the Bonds, Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion olthe City. The successful bidder may not withdraw or modify its Proposal once submitted to the City for tiny reason. including post -sale adjustment. Any adjustment shall he conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION The Bonds matitring on January 15. 2024 and thereafter are subject to redemption, in whole or in part, on January 15, 2023 and on any date thereafter at a price of par plus accrued interest, CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereato accept delivery of and pay for the Bonds in aecordanee with terms of the purchase eontract. The CUSIP Service Bureau charge for the 'assignment of CUSH' identification numbers shall he paid by the successful bidder. DELIVERY Delivery of the Bonds will be within forty days after award, subject to an approving legal opinion by Dorsey & Whitney. LLP. The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost to the successful bidder al DTC. TYPE OF PROPOSAL Proposals of not less than $2,779,813 (98.75%) and accrued interest on the principal sum of $2,815,000 must be filed with the undersigned prior to the time aside. Proposals must be unconditional except as to legality, Proposals for the Bonds should be delivered to Northland Securities, Inc, and addressed to: Cathy Bendel, City Finance Director 3800 Laverne Ave N. Lake Elmo, Minnesota 55042 A good faith deposit (the -Deposit") in the amount of $56,300 in the tor'-,deral wire transfer ( payable to the order of the Cit)') is only required from the apparent vinning bidder. and must he received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Municipal Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal. so long as said bidder wires funds for the Deposit amount within two hours of said offer. The City will retain the Deposit of the successful bidder. the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the aecepted Proposal, said amount will be retained by the City. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed. or continued to another date without award of the Bonds having been made. lhc Bonds will be awarded oil tile hnoiuu[chc }nne8 ix\crcgrate h lie determined oil ukve io\ues| cmm (T}[} hu/is.ThcO\-v`ycmnpoktiun o[thc interest m(co[eoch Ponpnsui ixaccordance vfill custmnn/I pmcricr, will be cux\ruUiop-, h/tile event o[n tie. the ya|eo/Uhe Bonds will be awarded by lot. The City vill reserve \ho h-ht\m (i) waive non -substantive inK)nnx\i|iusn[unyProposal of- m[/nxKcoo|otin�ioihcreucip1o[Propusaband award o[ the 8ouds.(ii) rejectuU PoopnaxkwiU'nu\ cause. and (iii) re " uu( any Pvopomo| which the Ci[y determines 1ohave [ui|u] to comply with thekermn herein. INFORMATION FROM SUCCESSFUL BIDDER The yocccssh/| bidder will hc required \o provide, in n timely manner. cel-1x111 inAonnx\i^n rc|xling, to the ioilix| offering price o[\he Bonds necessary (ocompuie the yield ux |he Bonds pummmi \o Ulo p,uriuionso[the hoen1o} KcvcnuuCode o/|9R6.oxamended. OFFICIAL STATEMENT Bvawarding the Bonds 1ounyundcnvr(c[of- vudcnvrhin�xvnJi�mx�obmNin�oPooposu}Uhcohx�ihcCi(Ix�ees that, no more than seven husiurso days xAer Ule date o[xuCh uwund, it shall provide to ihe ecx{or mxxughnA ondcrwritero[1hc syndicate iowhich tile Bonds are awarded, the Final Official Statement in all electronic K`nnn| FULL CONTINUING DISCLOSURE UNDERTAKING The City n/iUcov,nxn1ill the resolution awarding the sale oftile Bonds and ill uCuudnuio�Disclosure UodcUak}x� |o pnoridc o,cnuse to he pn*vid,d'ounun| financial iu/bnnuiiox. including audited financial gmcmrxG o[lhc Cii:y% and notices o{uchuiomaterial c*cnu,uarequired h*SECRule i5c2'72. BANK QUALIFICATION Thc Otv pill deyigpnatc the Bonds us qualified tax-exempt ob|iou imo for purposes of Section 265(h)(3} Of (lie Internal Revenue Code of 1986, as amended. BOND INSURANCE AT UNDERWRITER'S OPTION |[|heBonds qou\i|i |brissuance o[u/0/poUc)'o[mooicipn|bond insonzoccorcommiimcwtherefor mthe op{ion *[\hCsuccuSxfu| bidder, the purchase o|'any such Insurance policy of- tile isvonnoeofanysuch commitment shall be at tile sole Option and expense of the successful bidder of the Bonds. Any illClTilSe In tile Costs OfiSSUance of the Bonds I-01,111ing 1roin slich purchase ol'insurailce shall be paid by (lie successful bidder, except that, if tile City has rcqucshcdondrccdvcdurndo&mlUheB*nJvhuxnorndn'ooAcnoy,UlcQiywiUpuydbu\m|iog/ec.Auyotherouin, ogency feesxhoU be (lieresponsibility of|hu succoss[u| bidder. Fai)un o[\hc munic|px| bond insurrr to issue thc policy after the Bonds have been nonn1ed to thc succ:Sa[o| bidder shall not oons(i<o|P- uuose k`r |N}urr o, nyxuu| The City reserves the right to reject any and all Proposals. to waive in and to adjourn the sale. Dated: June 9, 2015 BY ORDER OF THE CITY COUNCIL /s/ Calk. Bendel City Finance Director Additional information may be obtained from: Northland Securities, Inc. 45 South Th Street. Suite 2000 Minneapolis. Minnesota 55402 Telephone No,: 612-851-5900 TI IF CF11: LAKE ELMO DATE: June 9, 2015 REGULAR ITEM #12 T AGENDA ITEM: Cooperative Agreement with Washington County for Downtown Street and Utility Project SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: Introduction ahem Development Director Report/Presentation..............................Community Development Director Questions from Council to Staff ..... ......................... Mayor Facilitates Call for Motion ....... ........................ ...... ...................... Mayor & City Council Discussion ...... .................. ..... .......... ..... .......... ..... Mayor & City Council Action on Motion Mayor Facilitates POLICY RECCOMENDER: Staff FISCAL IMPACT: TBD — Staff is negotiating a financing plan with Washington County to pay for the public improvements associated with the Downtown Street and Utility Project. SUMMARY AND ACTION REOUESTED: City Staff will provide an update regarding the ongoing negotiations of the Cooperative Agreement with Washington County. The Cooperative Agreement is intended to solidify a financing plan for the Downtown Street and Utility Project, as well as clarify cost splits between the City and the County on various public improvements associated with the project. Negotiations on this agreement are ongoing between the City Administrator and Washington County. No specific action is requested at the time of publication of this report. LEGISLATIVE HISTORY/STAFF REPORT: The City of Lake Elmo and Washington County have been working collaboratively on a downtown street and utility project since January of 2014. The proposed project is intended to install sanitary sewer, storm sewer, regional storm water improvements, replace old watermain, and reconstruct streets in the Downtown Village -- page 1 -- City Council Meeting [Regular Agenda Irene 127 June 9. 2015 Area. The proposed project has been broken up into two phases. The Preliminary Design Process has recently been completed for both phases, with the City approving Municipal Consent for Preliminary Design on both phases. The street segments included in the project are the following: Phase I - Laverne Avenue. 36th Street and Upper 33rd Street, and Phase II — Lake Elmo Avenue and 30th Street. This project will construct the trunk sewer infrastructure needed to serve the Village Area. Construction for Phase I is anticipated to begin in July of 2015, while Phase II is anticipated to be constructed in 2016. As the project is a joint project between the City of Lake Elmo and Washington County, an agreement is needed to formally adopt a financing plan and cost -share for the proposed improvements. Washington County is willing to manage and finance the construction project, and the City would be expected to pay for its share of the improvements incrementally. The City Administrator is currently negotiating the terms of the agreement. An update will be provided to outline the itnportant components of the agreement at the City Council meeting. RECOMMENDATION: No formal action is requested at the time of publication of this staff report. Staff will present a status update regarding the cooperative agreement at the City Council meeting. ATTACHMENT; None -- page 2 -- GO C. T DATE: REGULAR ITEM June 9, 2015 13 AGENDA ITEM: Old Village Phase 1 Street and Utility Improvements - Public Improvement Hearing: Resolution Ordering the Improvement; and providing Municipal Concurrence to Washington County to Award a Contract SUBMITTED BY: THROUGH: REVIEWED BY: Jack Griffin. City Engineer Dean A. Zuleger, CityAdministrator Adam Bell, City Clerk Cathy Bendel. Finance Director Chad J. lsakson, Project Engineer Dave Snyder, City Attorney SUGGESTED ORDER OF BUSINESS: Introduction of Item ...... ........,. City Engineer Report/Presentation......,...................,.............„............................. City Engineer Questions from Council to Staff Mayor Facilitates Open Public Improvement Hearing., Public Input Mayor Facilitates Call for Motion Mayor & City Council Mayor & City Council Action on ..... Mayor Facilitates POLICY RECOMMENDER: Engineering, FISCAL IMPACT: $5,802.486. The Old Village Phase 1 Street and Utility improvements is a $5.8 million street, sanitary sewer. drainage and storm water management improvement project, The project will be funded through the issuance of general obligation bonds with bond payments made from special assessments, the water enterprise fund, the storm water fund. County cost participation. Municipal State Aid Funds, and general tax levy, -- pan I -- City Council Meeting /Reguitri Agenda twin 13/ June 9, 2015 SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to open the Public Improvement Hearing for the Old Village Phase 1 Street and Utility _improvements: and following the Hearing, consider adopting Resolution No. 2015-50, ordering the improvement for the Old Village Phase 1 Street and Utility Improvements and providing Municipal Concurrence for Washington County to Award a Contract. The recommended motion for this action is as follows: "Move to adopt Resolution No. 2015-50, ordering the improvement for the Old Village Phase 1 Street and Utility Improvements and providing Municipal Concurrence for Washington County fo Award a Contract." LEGISLATIVE HISTORY: Pursuant to Minnesota Statutes, Section 429,011 to 429,111. a Public improvement Hearing was noticed for June 9, 2015, to consider making the following improvements: Reconstruction or streets along Upper 33rd Street from Lake Elmo Avenue to Laverne Avenue, Laverne Avenue from Upper 33rd Street to Trunk Highway 5, 36th Street from Lake Elmo Avenue to Laverne Avenue. and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33rd Street to 36th Street, with the addition of sidewalks all as approved by Council as a part of Municipal Consent on February 5, 2015. Construction or the initial regional drainage system improvements including a large infiltration pond and oversized storm sewer to begin addressing flooding issues in the Old Village Area. Extension or sanitary sewer to provide service to benefining properties within the Old -Village. including Upper 33rd Street from where it crosses the Union Pacific Railroad Tracks to Lake Elmo Avenue, along Laverne Avenue from Upper 33rd Street to Trunk Highway 5, 36th Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from tipper 33rd Street to 200-feet south of 36th Street. Improvements will include a service stub to the property line fOr each benefitting property. Replacement of an aged watermain system. Street lights and landscaping amenities including boulevard trees. The attached notice was published in the official newspaper and individual notifications were sent to each address that will be assessed for the improvements. The area proposed to be assessed for the street improvements include the properties directly abutting Upper 33R1 Street, 361 Street, and Laverne Avenue as detailed above. The estimated total project cost is . 5,802,500, The estimated total cost of the street and landscape improvements are $1.507,100: sanitary sewer improvements are $699,800; streetscape improvements are $49.000; regional drainage improvements are $3,013,100; and water system improvements are $533,600, The watermain replacement and regional storm sewer system will not be assessed. A reasonable estimate of the impact of the assessment will be available at the -- page 2 -. 11Iihrr ,,IKoh.hi HI June 9. 2015 hearing,. Such persons as desrin to be be heard at this meeting. rd with reference to the proposed improvements will The street and landscape improvements and extension of sanitary sewer are proposed to be assessed against the benefitting properties consistent with the City's Special Assessment Policy. Street improvement assessments are proposed at a rate of 30% for residential properties using an average residential front footage. and 10(rii) for commercial properties based upon the actual front footage. Extension ot' sanitary sewer is 100% paid for by the benefitting property owners using a per residential equivalent method. The remainder of the proposed project costs are proposed to be paid through a combination of municipal state aid funds, water enterprise funds, and general funds. Assessments for street improvements are levied over 10 years while the sanitary sewer improvements would be levied over a 20 year period. Additional cost breakdown, assessment information, and financial detail is present in the Feasibility Report, BACKGROUND INFORMATION: A feasibility report was authorized by the City Council on July 1, 2014 in order to ready these improvements for 2015 construction. The feasibility report is needed to meet state statutory requirements if any portion of the project is to be assessed to benefitting properties. The report identities the necessary improvements, the estimated project costs, the assessment methodology. and preliminary assessment amounts to be levied against properties adjacent to and benefitting from the street and sanitary sewer improvements. RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2015-50. ordering the improvement for the Old Village Phase 1 Street and Utility Improvements and providing Municipal Concurrence for Washington County to Award a Contract. The recommended motion for this action is as follows: "Move to adopt Resolution No. 2015-50, ordering , improvement for the Old Village Phase 1 Street and Utility Improvements and pro viding nicipal Concurrence for Washington County to A;vard a Contract." ATTACHMENT(SI: I, Resolution No, 2015-50 Ordering the Improvement and providing Municipal Concurrence for Washington County to Award a Contract. 2. Notice of Hearing on Improvement. 3. Updated Post -Bid Preliminary Assessment Rolls (will he made ,.tvaildhle at the meeting). 4. Location Map. 5. Project Schedule. 3 - - CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-50 A RESOLUTION ORDERING THE IMPROVEMENT FOR THE OLD VILLAGE PHASE 1 STREET AND UTILITY IMPROVEMENTS AND PROVIDING MUNICIPAL CONCURRENCE FOR WASHINGTON COUNTY TO AWARD A CONTRACT WHEREAS, pursuant a resolution of the city council adopted on May 19, 2015, the council ordered a hearing on Improvement for the Old Village Phase I Street and Utility Improvements; and WHEREAS. ten daysmailed notice and two weeks published notice unite hearing was givenand the hearing was held thereon on the 9111 clay offune. 2015, at which all persons desiring to be heard were given the opportunity to be heard thereon: and WHEREAS. the amended feasibility report prepared by FOCUS Engineering, Inc., and dated May 2015 states that the project is necessary, cost-eflective, and feasible; and WHEREAS, the City has directed Washington County, and its consultants. to oversee the preparation of the Plans and Specifications, and to accept bids for the improvements: and WHEREAS, pursuant to an advertisement for bids. bids were received by Washington County on June 2, 2015, opened, and tabulated according to the law, and reviewed to verify that all requirements of the submittals were met, NOW, THEREFORE, BE IT RESOLVED, 1. Such improvement is deemed necessary. cost-effective. and feasible as detailed in the Amended Feasibility Report dated May 2015. Assessments shall be levied to the benefiting properties as outlined in thc preliminary assessment rolls and as amended by the city council, Such improvement is hereby ordered as proposed in the council resolution adopted this 9th day &Rine, 2015. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds, 5, That the city concurs with the bids and Washington County's recommendation to award a contract, 6. The city will enter into a cooperative agreement with Washington County and the county shall oversee the preparation of the Plans and Specifications and construction for the making of such improvement. ADOPTED RY THE LAKE ELMO CITY COUNCIL ON THE NINETH DAY OF JUNE, 2015. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTESI": Adam Bell City Clerk Resolution No. 2015-50 CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT OLD VILLAGE PI IASE 1 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, June 9, 2015. to consider the making of the followinL,! improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111: The street, landscape and streetscape improvements are proposed along Upper 33' Street from Lake Elmo Avenue to Laverne Avenue, Laverne Avenue from Upper 33rd Street to Trunk Highway 5, 36th Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33rd Street to 36°) Street. The improvements consist of reconstruction of the existing streets with concrete curb and gutter, installation of a storm sewer system, replacement of aged watermain, boulevard trees, ornamental street lights, and minor paver block details at intersections, The sanitary sewer improvements include the extension of existing sanitary sewer along Upper 33" Street from where it crosses the Union Pacific Railroad Tracks to Lake Elmo Avenue. along Laverne Avenue from Upper 33'd Street to Trunk Highway 5, 36'1' Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33" Street to 200- feet south of 36'1' Street, Improvements will include a service stub to each benelitting property to the property line. The area proposed to be assessed for the street improvements include the properties directly abutting Upper 33" Street, 36'1' Street. and Laverne Avenue as detailed above. The estimated total project cost is $5,568,100, The estimated total cost of the street and landscape improvements are $1,405,900: sanitary sewer improvements are $906,300: streetscape improvements are $73,400; regional drainage improvements are $2.709.100; and water system improvements arc $473,400, The watermain replacement and regional storm sewer system will not be assessed. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this rneeting, DATED: May 19. 2015 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published lir Ocikciale-Lalte Elmo Review i May 2', 21)15 and Arne 3, 2015) 39TH STREET 2ND STREET 32ND STREET 31ST STREET 30TH STREET Lu z LEGEND OLD VILLAGE PHASE 1 STREETAND UTILITY IMPROVEMENTS OLD VILLAGE PHASE 1 STREETAND UTILITY IMPROVEMENTS (SANITARY SEWER AND REGIONAL STORM SEWER ONLY) TI ( AT). 01, LAKE ELMO OLD VILLAGE STREET AND UTILITY IMPROVEMENTS = ENGINEERING = PROJECT NO. 2014.137 APRIL, 2015 REID PARK LIFT STATION CITY OF LAKE ELMO EXHIBIT NO. LOCATION MAP OLD VILLAGE PHASE 1 STREET AND UTILITY IMPROVEMENTS [��T�r~��[�U| � PROJECT '��~�� OLD VILLAGE PHASE 1:STREET AND UTILITY IMPROVEMENTS MAY, 2015 F[8RUARYS,2O1S F[8RUARY24,2Ol5 MAY I'20lS MAY l9,ZO15 MAY Z7,20l5 ]UNEZ,ZOl5 ]UNE9'2O15 ]UNE23'ZO1S O[T0B[Rl5'2D1S ]UNE I5'2016 ENGINEERING, inc. [am Gehpm", P.E. Jack Griffin, P.E. Ryan Stpmpskip.E. Chad |sakoon, P.E. 651.300.4261 *51.300.4264 651.300.4267 651.300.4283 Council approves Municipal Consent, County proceeds with Final Design, [ovnd| authorizes the preparation of Feasibility Report, County posts advertisement for bid, Council accepts Report; and adopts project assessnnentpoUcy.CaUsPubUc improvement Hearing. Submit Notice ofPublic Hearing for Publication, Notice ofPublic Hearing Published (Z^u Notice onJune 3u ), Accept Contractor Bids. Finalize Cooperative Agreement, Public Improvement Hearing, Council approves ^Concu/nancc"toaward contract. Council Orders the improvement for the 2Ol5IMPROVEMENTS (Requires 4/51" vote). County Board Meeting. County accepts bids and awards Contract. Substantial Completion. Final Completion. III AGENDA ITEM: SUBNIITTED BY: THROUGH: REVIEWED BY: AYR&C Ul C C 1CAT DATE: REGULAR ITEM # June 9, 2015 State of Minnesota Redevelopment Grant Program A Resolution Accepting the DEED Water System Infrastructure Grant Jack Griffin. City Engineer Dean A. Zuleger, City Administrator Chad Isakson, Project Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Rem Report/Presentation, Questions from Council to Staff - Public Input. if Appropriate. - Call for Motion Diseussion.....................______ Action on Motion ....... ..... Administrator „.... ..... „.......City Engineer '„........„.........„.„....,.„.........„.........„,Mayor Facilitates Mayor Facilitates .Mavor & City Council ..... .....rvlavor & City Council ..... _ ...... ..... ...... ....„...............Mayor Facilitates POLICY RECOMMENDER: Administrator/Engineering FISCAL IMPACT: $3.5 million grant for water system improvements. 14 Approving this resolution authorizes the City to formally submit the MN -DEED grant application packav,e, enter into a contract with MN -DEED. and utilize the $3.5 million water system infrastructure grant awarded by the legislature to the City of Lake Elmo to complete \vater system improvements along the Inwood Avenue corridor, SUMMARY AND ACTION REQUESTED: The CityCouncil is respectfully requested to consider approving Resolution No, 2015-51 accepting the Inwood Avenue Water System Infrastructure Grant from the State of Minnesota Capital Investment Appropriations. The recommended motion for the action is as follows: page I -- City Council Meeting [Rt,grtlor Agenda hell] /4/ June 9, 2015 "Move to approve Resolution No. 2015-51 accepting the Inwood Avenue ll'ater System infrastructure Grant from the Stale of Minizesota Capital Investment Appropriations." LEIGNLATivti: HisToRy/BAcKGRouND INFoRmATIoN: On May 21. 2014. the legislature signed into law the Capital Investment Bill. Included in the bill was a special appropriation under the Employment and Economic Development section for the City of Lake Elmo in the amount of S3.500.000 to be used towards the extension of municipal water service along the Inwood Avenue corridor. There is no financial match required to receive the special appropriation. City Staff is currently working with the State of Minnesota. Department of Employment and Economic Development to complete the Inwood Avenue Water System Grant Agreement necessary to secure the funds for the City of Lake Elmo as appropriated by the State Legislature. As a requirement of the Grant Agreement. the City of Lake Elmo must submit a resolution accepting the grant and committing the resources required to execute the improvements. RECOMMEINPATIQN) Staff is recommending that the City Council approve Resolution No. 2015-51 accepting the Inwood Avenue Water System Infrastructure Grant from the State of Minnesota Capital Investment Appropriations. The recommended motion for the action is as follows: "Move to approve Resolution No. 2015-51 accepting the Inwood Avenue Water System Infrastructure Grant the State of Minnesota Capital Investment Appropriations." ATTACHMENT(S)) I. Resolution 2015-51. 2, Location Map. -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-51 A RESOLUTION ACCEPTING THE WATER SYSTEM INFRASTRUCTURE GRANT FROM THE STATE OF MINNESOTA CAPITAL IMPROVEMENT APPROPRIATIONS BE IT RESOLVED that the City of Lake Elmo act as the legal sponsor for projects contained in the (insert lair appropriating money to arc proj('ct) entitled LAKE ELMO — WATER SUPPLY. BE IT FURil LER RESOLVED that the City of Lake Elmo has the legal authority to receive financial assistance, and the institutional, managerial. and Financial capability to ensure adequate project administration: and BE IT FURTHER RESOLVED that the Ciry of Lake Elmo has not violated any Federal. State or local laws pertaining to fraud, bribery, grafi, kickbacks, eollusion. conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its development proposal by the state, the City of Lake Elmo may enter into an agreement with the State of Minnesota for the above -referenced projects, and that the City of Lake Elmo certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT RESOLVED that the Mayor and the Clerk, are hereby authorized to execute such agreements as are necessary to implement the projects on behalf of the City of° Lake Elmo, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON NINTH DAY OF JUNE 2015 CITY OF LAKE ELMO By: (Seal) ATTEST: Adam Bell City Clerk Mike Pearson Mayor Resolution No, 2015-51 BOOSTER STATION (SITE TBD) CONNECT TO EX. WATERMAIN ENGINEERING CONNECT `TO EX. WATERMAIN PROPOSE d 16-INCH WATERMA WATER STORAGE FACILITY (SITE TBD) EAGLE POINT BLVD PROJ. NO. 2014.130 LAKE ELMO. MINNESOTA JUNE. 2015 4000 Feet F1( IJR1 NO. 1 LOCATION MAP INWOOD BOOSTER STATION, TRUNK WATERMAIN AND STORAGE FACILITY IMPROVEMENTS AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: YO Water TONVel. No, 4 — Approve Land Jack Griffin, City Engineer Dean A. Zuleger, City Administrator Dave Snyder, City Attorney Adam Bell, City Clerk Cathy Bendel. Finance Director DATE: REGU LA R ITEM # ichase Agreement C4 T V June 9, 2015 15 SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report!Presentation City Engineer Questions from Council to ..... ...„...........Mayor Facilitates Public Input, if Appropriate. Mayor Facilitates Call for Motion Mayor & City Council Discussion ......... ...... ............. ..... Mayor & City Council Action on Mayor Facilitates POLICY RECOMMENDER: Administrator/Legal/Engineering, FISCAL IMPACT: $165,000. The purchase price is $165,000 to acquire tee title to a parcel of land for locating elevated Water lower No. 4 along Inwood Avenue. In addition, the agreement outlines additional obligations for each party relating, to the Inwood Avenue Water System Improvements and future public street improvements. The land acquisition costs will be funded through the $3.5 million MN -DEED Grant. if determined to be an eligible grant cost. Otherise the land acquisitions costs kk mild be funded by the Water Enterprise Fund, SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the Water Tower No. 4 Land Pnrcha Agreement. The recommended motion for this action is as follows: "Move to approve the Water Tower No. 4 Land Purchase Agreement with 711 Land Holdings, LLC" -- page I -- City Council Meeting /Re,t.trior Agenda Iran June 9, 201f, LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The Water lower No, 4 project is a $2,1 million water system infrastructure project that is needed to deliver city Water service to support the growth and development in the 194 eorridor, residing in the high water pressure zone, More specifically this project \sill provide necessary water supply and lire protection to the corridor area between Inwood Avenue and Keats Avenue (Sections 33 and 34) that will include the Savona development, Boulder Ponds. Hammes Estates, Dale properties, Azur properties. MFC & CM properties. and the existing properties within the Eagle Point Business Park. This project is programmed for design/construction in the 2015-2016 Capital Improvement Plan, The proposed improvements include the construction of a new 1111111011 gallon elevated water tower to he located along Inwood Avenue as depicted in the location map attached. A geotechnical investigation was performed in 2014 to verify that the site will accommodate the proposed improvements. Stall has been working with the property owner to eotiute the purchase of the water lower site and has drafted an agreement to acquire a properly suitable lor the project., subject to council approval. The acquisition agreement is needed to satisfy a condition of approval for the Inwood Creek Preliminary Plat to ensure that suitable land is reserved for the water tower. The general terms ()Idle agreement are summarized as follows: 1, The City will pay the landowner $165,000 to acquire a site 250 6. by 250 ft. (approx. 1.5 acres 2. The landowner will dedicate an 80 foot wide R/W directly to the south of the water tower site. The City will establish a public street connection to CSAH 13 with Washington County. 3. The City and landowner agree to share equally in any future costs for thc first 100 feet of street when it is constructed and any improvements required by Washington County when such street is constructed, including but not limited to turn lanes, 4. The landowner will provide a temporary' construction easement for the water tower construction. as needed by the City. 5, The City will install the Inwood Booster Station and Trunk Watennain Improvements hv December 1, 2016 and will not assess the landowner for these improvements or for the water tower improvements, 6. The landowner shall receive an exemption fir up to 5 units of water lateral benefit charges (currently at $5,800 per REC. or $29,000) for any new commercial buildings developed within the Inwood Creek development and which connect a private service directly to the Inwood 'Frunk Watermain. RECOMMENDATION: Staff is recommending that the City Council approve the Water Tower No. 4 Land Purchase Agreement with 7 I I Land Holdings, LLC. The recommended motion for this action is as follows: "MO ,e to approve the Water Tower No. 4 Land Purchase Agreement with 711 Land Holdings, LLC ATTACDMENT(S: I, Water 'Tower No. 4 Land 2. Site Location Map. 'cnasc greement. page 2 -- VACANT LAND PURCHASE AGREEMENT THIS AGREEMENT is made as of , 2015, between 711 Land Holdings, LLC, a Minnesota limited liability company ("Seller"), and The City of Lake Elmo, a Minnesota municipal corporation ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property ("Property"): 1.1 Real Property. The real property located on Inwood Avenue a/k/a County State Aid Highway 13, City of La <e Elmo, Washington County, Minnesota, as further shown on the map attached hereto as Exhibit A and as further legally described on the attached Exhibit B, together with all easements and rights benefiting or appurtenant to said real property, 1,2 City of Lake Elmo, which has condemnation authority, as a condition of approval of the Inwood PUD, has required Inwood 10, LLC/711 Land Holdings, LLC to sell the City of Lake Elmo approximately 1.5 acres of property for the purpose of building a municipal water tower, 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property is 165,000,00, The Purchase Price shall be payable as follows: 2.1 $5,000.00 as earnest money ("Earnest Money"); and 2.2 $160,000.00 by certified check or wire transfer of funds on the Closing Date, Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date. 3.2 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of the Title Examination Section below, 3.3 Access and Inspection. Seller shall allow Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same, including, without limitation, soil tests to determine the adequacy of the soil for Buyer's intended use of the Property. Within ten (10) days of the acceptance of this Agreement, Seller shall provide Buyer with copies of all blueprints, plans, specifications, soil tests and surveys of the Property which are presently in Seller's possession. Seller shall make available to Buyer and Buyer's agents, without charge, all plans and specifications, records, inventories, permits and correspondence. 3.4 Public Access. The Buyer shall establish future public street connection to CSAH 13 with Washington County. Seller shall have the right to use the public street access as depicted on the attached Exhibit B (Road Parcel Description) and may connect a future public street or private driveway to this access for the current agricultural use of the property or for future subdivision of the property. Any use or connection to said street must be a permitted use by city ordinance and must be consistent with city zoning, subdivision regulations and city engineering design standards. 3.5 Improvements. The Buyer and Sellers shall equally share costs, not paid by Washington County, associated with any improvements to Inwood Avenue/CSAH 13 as may be required for the public street access established per Section 3.4, including, but not limited to turn lanes. The Buyer shall also pay one-half of the cost of the first 100 feet of roadway East of Inwood Avenue/CSAH 13 at the time said street is constructed. This obligation shall continue as long as the Buyer owns or maintains the water tower on the property. 3.6 Easements. The Seller shall grant the Buyer a temporary construction site easement to enable the construction of the water tower. Easement shall be acceptable to buyers. 3,7 Trunk Water Main. The Buyer shall install a trunk water main along Inwood Avenue/CSAH 13 no later than December 1, 2016. However, failure to meet this deadline shall not invalidate this Agreement. The trunk water main depicted on the attached Exhibit C is part of a planned city project. For additional consideration, as set forth and as limited herein, the Buyer shall not levy special assessments against Seller for the construction of the water tower or Inwood Trunk Water main, and Seller shall receive an exemption for up to 5 units of water lateral benefit charges, which is currently $5,800 per REC unit or $29,000, Said exemption shall apply to new commercial buildings developed within the Inwood Creek development, that are adjacent to Inwood Avenue, and connect its private 2 water service directly to the Inwood Trunk Water main. All properties, including the exemptions stated above, remain subject to all city standard water availability charges and water connection charges. If any contingency has not been satisfied on or before the date set forth above for satisfaction of that contingency, then this Agreement may be terminated by written notice from Buyer to Seller, which notice must be given no later than five (5) days after the applicable satisfaction date, If no such notice is given with respect to any contingency, such contingency shall be deemed waived, Closing shalt be deemed a waiver of all of the above contingencies. Upon termination, the Earnest Money, and any interest accrued thereon, shall be released to Buyer, the parties shall sign a cancellation of this Agreement, and neither party will have any further rights or obligations to the other regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before , 2015 ("Closing Date at the office of Johnson/Turner Legal), Seller agrees to deliver possession of the Property to Buyer immediately after Closing. 4,1 Seller's Closing, Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 4.1.1 Deed. A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 4.1,2 FIRPTA Affidavit, A non -foreign affidavit, properly executed, containing such information as is required by IRC Section 1445(b)(2) and its regulations. 4,1,3 IRS Forms. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594, 4.1,4 Well Certificate, A completed Minnesota Well Disclosure Certificate or a statement on the Warranty Deed that "The Seller certifies that the Seller does not know of any welts on the described real property." 4.1.5 Storage Tanks. If the Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minn. Stat. § 116.48. 4.1.6 individual Sewage Treatment Systems. If the Property contains an individual septic system, a disclosure statement as required by Minn. Stat, § 115.55. 4.1.7 Seller's Affidavit. An affidavit in the form required by Title evidencing the absence of bankruptcies, judgments or tax liens involving Seller or parties with the same or similar names as Seller, and evidencing the absence of mechanic's lien rights affecting the Property, unrecorded interests affecting the Property, persons in possession of the Property, and known encroachments or boundary line questions affecting the Property. 4.1,8 Other Documents. All other documents reasonably determined by Buyer or Title to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 4.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 4.2.1 Purchase Price. Funds representing the Purchase Price and execution and delivery of any required financing documents. 4.2.2 IRS Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 5.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence, the cost of having a commitment for an ALTA Owner's Policy of Title Insurance for the Property (the "Title Policy") (in the amount of the Purchase Price) and the fees charged by the Title Company for any escrow requirec regarding Buyer's Objections. Buyer will pay the premium required for the issuance of the Title Policy. Seller and Buyer will each pay one-half of the fee charged by Title (as defined below) to conduct the Closing. 5.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing, if any, 5.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be pro -rated based upon a calendar year with Seller paying through the Date of Closing. Seller shall pay any 4 installments of special assessments payable with said real estate taxes. Seller shall pay all other levied special assessments in full as of the Date of Closing, and shall pay all special assessments which are pending as of the Date of Closing. Seller's provision for payment of a pending assessment shall be made by payment into escrow with Title of one and one-half times the estimated amount of the assessment, with the right to a refund of any excess of the escrow. 5.4 Other Costs. All other operating costs of the Property shall be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of operating costs payable through the Closing Date, and Buyer pays that part of operating costs payable after the Closing Date. 5.5 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Documents will pay the reasonable attorneysfees and court costs incurred by the non - defaulting party in enforcing its rights hereunder. 6. Title Examination. Title Examination will be conducted as follows: 6.1 Seller's Title Evidence. Seller shall, within twenty (20) days after the date of this Agreement, furnish the following (collectively, "Title Evidence") to Buyer: (a) a commitment ("Title Commitment") for an ALTA Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions and including affirmative assurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Johnson/Turner Legal, ("Title"); (b) a survey, paid for by Buyer, certified by a registered land surveyor anc certified to Buyer, Title and such other parties as Buyer may designate, and showing the Property and location of all improvements and easements thereon and otherwise complying with the requirements set forth in the "Minimum Standard Requirements for ALTA/ACSM Land Title Surveys" jointly established by ALTA and ACSM in 1992, and containing such other information as Buyer or Buyer's lender shall reasonably request. 6.2 Buyer's Objections. Within twenty (20) days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have thirty (30) days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use its best efforts to cure any Objections. To the extent an Objection can be satisfied by the 5 payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection, and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 30-day period, Buyer will have the option to do any of the following: 6.2.1 Extend the time period for Seller to cure the Objections by up to sixty (60) days, at the end of which time Buyer may exercise any of the remaining options set forth below, 6.2.2 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued thereon, if any. 6.2.3 Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within sixty (60) days after such escrow is established, Buyer may then cure such Objections and charge the costs of cure against the escrowed amount. The parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title, to create and administer the escrow. 6,2.4 Waive the Objections and proceed to close. 7 Subordination. This Purchase Agreement, and the rights of the Buyer in and to the real property which is the subject hereof, is specifically made subject and subordinate to the lien of any mortgage(s) or other encumbrance(s) ("Liens") made or given by Seller, whether prior to or after the date of this Purchase Agreement, and shall, prior to Closing and payment by Buyer of the Purchase Price, remain subordinate and junior to all such Liens as if the same had been duly executed and acknowledged by the Seller, and recorded, prior to the date of this Purchase Agreement. At Closing, Seller wilt be responsible, at its sole expense, for obtaining any release necessary to convey fee title to the Property to Buyer free and clear of any such Liens. 8. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, 'including vandalism and malicious mischief, Seller shall execute no contracts, leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date, 6 without the prior written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 9.1 Existence; Authority. If Seller is a corporation, limited liability company or partnership, Seller is duly organized, qualified and in good standing, and has the requisite power and authority to enter into and perform this Agreement and the Seller's Closing Documents; such documents have been duly authorized by all necessary action; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 9.2 Environmental Laws. No toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment) (collectively, "Hazardous Substance") have been generated, treated, stored, transferred from, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to the Property becoming a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. There has been no discharge, release or threatened release of Hazardous Substances from the Property. There are no Hazardous Substances or conditions in or on the Property that may support a claim or cause of action under any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment, The Property is not now, and to the best knowledge of Seller never has been, listed on any list of sites contaminated with Hazardous Substances, nor used as landfill, dump, disposal or storage site for Hazardous Substances. 9.3 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. 9.4 Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property, 7 8 9,5 Wells and Individual Sewage Treatment Systems. Seller does not know of any "Wells" on the Property within the meaning of Minn. Stat. § 1031 or "Individual Sewage Treatment Systems" on the Property within the meaning of Minn. Stat. § 115.55, This representation is intended to satisfy the requirements of those statutes. 9.6 Storage Tanks. No above ground or underground tanks are located on or about the Property, or have been located on or about the Property and have subsequently been removed or filled. 9.7 Reports. Seller has no environmental reports or studies relating to the Property, except those which have been or will be delivered to Buyer as required under this Agreement. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, which Buyer incurs because of the breach of any of the above representations or warranties, whether such breach is discovered before or after Closing. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or release by Buyer of any claims due to such breach, 10, Assignment. Either party may assign its rights under this Agreement with the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement, 11 Suvival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 12. Notice. Any notice to be given by a party hereto shall be personally delivered, sent by certified mail, or sent via a nationally recognized courier service that issues a receipt, to the other party at the address set forth for that party below (or to such other address as may be designated by notice to the other party), and shall be deemed given upon the earlier of personal delivery, two days after the date postmarked, two (2) days after depositing with such courier for delivery or upon the refusal to accept such service. Address for Notice to Seller: 95 South Owasso Boulevard West Little Canada, MN 55117 With a Copy to: Warren Peterson 55 East 5th Street 9 Address for Notice to Buyer: With a Copy to: St, Paul, MN 55101 City of Lake Elmo Attn: Dean Zuleger City Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 David K. Snyder Michele R. Loughrey Johnson/Turner Legal 56 E. Broadway Avenue, Suite 206 Forest Lake, MN 55025 15, Miscellaneous, The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns, and has been made under the laws of the State of Minnesota and such laws will control its interpretation. 16. Remedies, The following shall be the exclusive remedies available to the parties under this agreement: 16.1 If Buyer defaults under this Agreement due to no fault of Seller, then Seller may terminate this Agreement by providing at least thirty days' prior written notice to Buyer. If Buyer fails to cure Buyer's default within such thirty -day period, then at Seller's election (i) this Agreement shall thereupon be terminated, and Seller shall retain the Earnest Money as liquidated damages; or (ii) Seller may seek specific performance of this Agreement by Buyer. 16.2 If Seller defaults under this Agreement due to no fault of Buyer, then Buyer may terminate this Agreement by providing at least thirty (30) days' prior written notice to Seller. If Seiler fails to cure Seller's default within such thirty -day period, then at Buyer's election (i) this Agreement shall thereupon be terminated, and Buyer shall be entitled to a refund of all Earnest Money, together with accrued interest thereon, if any; or (ii) Buyer may pursue such other actions or remedies as are available to it, including its right to damages against Seller for its failure to perform, or for misrepresentation or for specific performance of this Agreement by Seller, 10 16.3 Any suit by a party iereto which is described above and is based upon the other party's default must be commenced no later than one hundred twenty (120) cays after the date of the occurrence of the default. The said 120-day limitation shall not apply to claims for indemnification otherwise provided for in this agreement. 17. Severabilitv. In case any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such holding shalt not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 18. Business Days. In the event any deadline or performance date set forth in this Agreement falls on a Saturday, Sunday or legal holiday in the State of Minnesota, such deadline or performance date shall be deemed to be postponed to the next business day thereafter, Seller and Buyer have executed this Agreement as of the date first written above. SELLER: BUYER: 711 LAND HOLDINGS, LLC THE CITY OF LAKE ELMO By: By: Its: Its: 11 EXHIBIT A Map of Property EXHIBIT B Legal Description Proposed Water Tower Description: The north 250,00 feet of the south 290.00 feet of the west 310.00 feet of the Northwest Quarter of the Southeast Quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, which lies easterly of the east right of way of County State Aid Highway No, 13 per WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 43, AND Proposed Road Description: The south 40.00 feet of the west 310.00 feet of the Northwest Quarter of the Southeast Quarter and the north 40.00 feet of the west 310.00 feet of the Southwest Quarter of the Southeast Quarter, all in Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, which lies easterly of the east right of way line of County State Aid Highway No. 13 per WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 43. EXHIBIT C Trunk Water Main Map 444, *44: PROPERTY CORNER SEE TABLE FOR F4: COORDINATES OE- 0 690 ; Foot ENGINEERING, inc. SOIL ORING LOCATIONS) PROPOSED WATER TOWER PROPERTY LOCATION - FUTURE PUBLIC STREET TO BE ESTABLISHED BY THE CITY. TFI STREET N PROPERTY CORNER NORTHING SW 180712.6973 SE 180714,4643 NE 180969,4643 NW 180969.4510 - - 3 EASTING 474050.8177 474305.4729 474305.4729 474051.2261 - WASHINGTON COUNTY COORDINATE SYSTEM K ELMO WATER TOWER 4 EXHIBIT A CIT1- OF LAKE ELMO MARCH. 2015 LOCATION NAN FOR WATER TOWER Na 4 Y. COUNCIL C ICTIO DATE: REGULAR ITEM # June 9, 2015 AGENDA ITEIVI: Eastern Village 'Trunk Sewer and Watermain Developer's Agreement SUBMITTED BY: Kyle Klatt. Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Jack Galin, City Engineer Dave Synder, City Attorney Nick Johnson, City Planner SUGGESTED ORDER OF BUSINESS: Introduction of Item ,......,.............,....„.........Community Development Director Report/Presentation.,.. ...... ,...........,.......Community Development Director Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on ..... Mayor Facilitates 16 POLICY RECCOMENDER: Staff is recommending that the City Council approve a developer's agreement associated with the Eastern Village Trunk Sewer and Waterniain project. This project was originally planned to be completed as part of the Easton Village phase one improvements; however, the developers that will be benefitting from this project have asked that the City enter into a separate agreement for just the trunk infrastructure portion of that project, The Council will also be asked to amend the Easton Village developers agreement accordingly. FISCAL IMPACT: Direct Payments to Developer — None. The proposed infrastructure is needed to serve the three approved residential developments within the Village, This project will also allow connections to he made to the 30'1' Street lift station from the 39`11 Street sewer main and a large number of planned connections as part of the Lake Elmo Avenue project. SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize execution of a developer's agreement for a project to install trunk sewer and watermain facilities from the 30'1' Street lilt station to the southern edge of the railroad right-of-way line within the southern portion of the Village Planning Area. This trunk infrastructure will connect to the line previously constructed by the City within the 39111Street right-of-way and that 1,vas extended to the -- City Council Meeting /Reguhir,-1,Q.,//c/a /icni /6/ June 9, 2015 railroad right-of-way in the northern part of the Village. The developer of Easton Village was originally planning to complete this speci lie work as part of his project, but has no \‘ requested that this \vork he separated out from the other infrastructure within Easton Village. This separation will allow the three developers that need the sewer connection to be completed to serve their projects (Easton Village, Village Preserve, and Wildflower at Lake Elmo) to coordinate work on the trunk infrastructure project. A separate agreement will also allow this work to commence in advance of the three projects receiving final plan approval from the City. !he recommended motion to take action on the request is as follows: "Move to adopt Resolution No. 2015-52 approving the developer's agreement for the Eastern Village Trunk Sewer Project" LEGISLATIVE HISTORY/STAFF REPORT: The attached developers agreement has been drafted by Staff by using the Easton Village agreement as a model and taking out any language for improvements other than sewer and water lines. Because this agreement is not tied to a specific development project. any references to building or homes, platting of lots, or other similar provisions have also been removed. Please note that Tom Wolter of Easton Village, LLC has requested that the developer for the trunk sewer line project be named as Chase Development, Inc.. and will also he asking that Chase be listed as the developer for the Easton Village project as well, Although the Council previously agreed to assign the Easton Village project to the Excelsior Group, the two private parties were not able to come to a final agreement to execute a sale of this development. The key components of the attached agreement include the following components: That all improvements to be completed by September 15, 2015. Staff is recommending a completion date that will give the City time to step in case the developer is unable to finish work by this date. The proposed project is a critical component of the Village sewer infrastructure, and failure to complete this line will lead to delays in hooking up residents and business owners in the Stage I Lake Elmo Avenue project area and the 390 Street project area. That the developer provide a letter of credit in the amount of $784,280 related to the cost of the proposed improvements. That the developer provide a cash deposit of $20,000 for engineering review and administration of the project. The proposed project does not include any specific City payments for utility oversizing or other reasons. The City Engineer has approved the final construction plans for the project. the executed agreement will allow Nvork to commence on the southern sewer line. -- page 2 -- City Council Meeting Rcgulor Higoicla lion 16J June 9. a) I 5 BACKGROUND INFORMATION (SWOT): Strengths: Splitting the trunk sewer project from the larger Easton Village project will allow this work to commence sooner. The completion of the trunk sewer line is a critical component ofthe overall infrastructure needed to serve the Village. Weaknesses: The developer must complete work on the project by a certain date, and if this work does not commence soon there could he delays in connecting individual homes and businesses to the sewer line. Opportunities: The three residential developers within the Village have agreed to cooperate to build the trunk sewer line. Chase Development, Inc. will be the entity responsible for coordinating the involvement of all other parties. Threats: Failure to execute the agreement in a timely manner could lead to delays in connecting individuals to the trunk sewer line. RECOMMENDATION: Based on the above Staff report. Staff is recommending that the City Council approve the Developer's Agreement for the Easton Village Trunk Sewer and Watermain Project and that the Council direct the Mayor and Staff to execute this document. The suggested motion to adopt the Staff recommendation is as follows: "Move to adopt Resolution No. 2015-52 approving the developer's agreement for the Eastern Village Trunk Sewer .Project" ATTACHMENTS: I. Resolution No. 2015-52 2. Eastern Village Trunk Sewer and Watermain Developers Agreement — Final Draft -- page 3 - - CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-52 RESOL UT/ON ,-I PP RO 1 LNG THE DEVELOPER'S AGREEMENT FOR THE EASTERN 1,71, LAGE TR L.„,'NK ,EIVER AND WATER HA IA: PROJECT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota: and WHEREAS, Chase Development, Inc.. 2140 West County Road 42 Burnsville, MN (-Applicant") has agreed to coordinate the construction of trunk sewer and water infrastructure necessary to serve three residential development projects within the Village Planning Area, including the Wildflower at Lake Elmo, Village Preserve, and Easton Village subdivisions, all of which have received final plat approval or have submitted applications for a linal plat with the City: and WHEREAS, the Lake Elmo City Council has previously considered and approved the Preliminary Plat requests for Wildflower at Lake Ehno, Villagc Preserve, and Easton Village; and WHEREAS, the Lake Elmo City Council adopted resolutions approving the final plats for Village Preserve and Easton Village and is in receipt of an application for final plat approval for Wildflower at Lake Elmo; and WHEREAS, a condition of approval for each of these developments establishes that. prior to the execution of a 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 to install trunk infrastructure outside of the atbrementioned plats that is necessary to serve these plats. and a copy of the Developer's Agreement was submitted to the City Council for consideration at its June 9, 2015 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 the Eastern Village Trunk Sewer and Wartermain and authorizes the Mayor and City Clerk to execute the document, Passed and duly adopted this 90 day ofJune 2015 by the City Council of the City of Minnesota. Mike Pearson, Mayor ATTES' Adam Bell. City Clerk o. Resolution No, 2015-52 TICITCd 161 11'0On/71 ig ir fill D VEL•PMENT C NT ACT (Trunk Sewer) Eastern Village Trunk Sewer and Watermain Line AGREEMENT dated , 2015, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation ("City"), and Chase Development, Inc (the "Developer"). 1. REQUEST FOR PUBLIC IMPROVEMENT PROJECT APPROVAL. The Developer has asked the City to approve the final plans for the Eastern Village Trunk Sewer and Watermain Line (referred to in this Contract as the "project"). The land is on which the project is situated in the County of Washington, State of Minnesota, and is legally described in the attached Exhibit "A": 2. CONDITIONS OF PROJECT APPROVAL. The City hereby approves the project on condition that the Developer enter into this Contract and furnishes the security required by it. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City the Developer may not grade or otherwise disturb the earth, remove trees, and construct utilities, until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2>the necessary security has been received by the City, 3\all required easements have been recorded with the Washington County Recorder's [ffioo. and 4\ the [|it/a Community Development Director has issued aletter that all conditions have been satisfied, apreconstnuoUon conference has been he|d, and that the Developer may proceed. 4' DEVELOPMENT PLANS, The project shall be constructed in accordance with the following plans and at the Developer's sole expense. The plans shall not beattached tothis Contract. /f the plans vary from the written terms of this Contraot, the written terms shall control. The plans ona� Plan A— Eastern Village Trunk Sewer and VVatarrna\n Line 5, IMPROVEMENTS' The Developer shall install and pay for the following: A. Sanitary Sewer - Eastern Village Trunk Sewer and Wa0ymainLine. B. Watermain - Eastern Village Trunk Sewer and Watermain Line. The improvements shall be installed in accordance with the City subdivision ordinance and the City'o Engineering Design and Construction Standards Manual and pursuant to the direction of the City Enginaer, The Developer shall submit plans and specifications which have been prepared by competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to oonuna 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 City standards as a condition of City acceptance. In addition, the City may, at the Ci1v's discretion and at the Developer's expenoe, have one or more City inspectors and e soil engineer inspect the work on m full or part-time basin. 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 ContraCto[, The Developer or his engineer shall schedule 8 pre -construction meeting at 8mutually agreeable time at the Lake Elmo Public Works Facility with all parties concerned, including the City ateU, to review the program for the construction m0nk. All labor and work ShoU be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. Nodeviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City e list ofcontractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the Cby, unless such work is first ordered in writing by the City Engineer as provided in the specifications, 6' CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement ofany construction activity authorized under this agreement, the Developer shall submit on escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 29. Summary of Cash Requirements (City Engineering Administration Escrow). The escrow account will be used to reimburse the City for all engineering administration and construction observation performed during the construction of the improvements until the escrow has been reduced to half of its original annuunt. Thereafter. the Developer shall reimburse the City each month, within 30 days of receiving an invoiCn, for all engineering 8dnn|nist[abOO and construction observation performed during the construction of the improvements (at normal City rates for such services) and will maintain the account at half of the original balance, If Developer fails to pay the invoiced amount within such 30-doy per|od, and such failure continues for an additional five /5\ business days after written notice from the City ofsuch failure, the City may draw upon the escrow and 8kzp the work on site until said escrow has been replenished inaccordance with this Section. City engineering administration will include monitoring of construction pnJQr9S8 and construction Vbs8rvahVn, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty p8riod, and processing of requests for reduction in security. Construction observation may be performed by the Citv3 in-house staff orconsulting engineer. Construction observation shall include, at the discretion of the City, part orfull time inspection of proposed public utilities and street construction. Services will bebilled oDanhourly basis atnormal City rates therefor. The direction and review provided through the inspection Of the improvements should not be considered o substitute for the Developer required rnmnogornen1 of the development. Developer will cause the contructOr(s)tofurnish the City with aschedule ofproposed operations otleast five (5)days prior to the commencement of construction of each type of |rnppovarneoL City shall inspect all Developer Installed |nnpromannen\a during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer atsuch Unogo during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City'a governmental euthority, and no agency or joint venture relationship between the City and Developer is thereby created. 7. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission mnennbers, and corpVratmno, pertneruhips, and other entities in which such individuals have greater than e 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 5 above. 8. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: & Riqht-of-WaYExcavations and Obstructions: ~ City ofLake Elmo, Right-of-VVayUtility |nataUadon(e) ° City of Lake Elmo, Right -of -Way Obstruction(s) ° Washington County, Utility |OstaUations(S) ° Washington County, Street or DrivevvayAcoenn/o> ~ Minnesota Department ofTransportation, Utility Installation = Minnesota Department ofTransportation, Right-of-VVoyPermit B. VVatermoinExtenskJna: . Minnesota Department of Health {}. Sanitary Sewer Extensions: ~ Minnesota Pollution Control Agency ~ Metropolitan Council Environmental Services 4 • Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit • SWPPP (Stormwater Pollution Prevention Plan) F. Wetland Mitigation: • Board of Water and Soil Resources, WCA G. Construction Dewaterino: • Minnesota Department of Natural Resources . TIME OF PERFORMANCE. The Developer shall install all public improvements by September 15, 2015. 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. 10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the project area to perform all work and inspections deemed appropriate by the City in conjunction with project construction. 11. CONSTRUCTION ACCESS. Construction traffic access and egress for public utility construction is restricted to access the subdivision via the planned construction access off of Lisbon Avenue. No construction traffic is permitted on other adjacent local streets. 12. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and/or their representatives are required to supervise and coordinate all construction activities for all 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 13., 14. and 15. For the purpose of this paragraph, Electronic message (email) shall be deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement". 13. EROSION CONTROL. Prior to initiating construction activity, all erosion control measures shall be implemented by the Developer and inspected and approved by the City. Erosion control practices 5 must comply with the approved plans and specifications for the project, with all watershed district permits and with Minnesota Pollution C0DbD| Agency's Best Management Pr@cUces, The City may impose additional erosion oVrdro| requirements as deemed necessary. 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 orsupplementary 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 achon, but failure of the City to do SD 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 ten (1O)days, the City may draw down the security to pay any oomta. No construction activity will be allowed unless the project is in full compliance with the approved erosion control plan. 14' GRADING PLAN. The project shall be graded in accordance with the approved plans. The plans ohoU conform to Engineering Design and Construction Standards Manua(. All grading shall be completed within the project area prior to the acceptance of the public improvements. 15' UTILITY IMPROVEMENTS. All sanitary oovvmrs and we<ernnmin shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan ''A"and Plan ''B''. The plan shall conform tothe City'e Engineering Design and Construction Standards Manual. All restoration work on the site shall be completed in accordance with the approved plans. Once the work is conlp|eted, the developer or its representative shall submit a written request to the City asking for an inspection of the improvements. The City will then schedule avva|k-thnJugh to cnaaha a punch list of outstanding items to be completed, Upon receipt ofthe written punch list provided by the City, the punch list items must becompleted by the Developer and the City notified to re- inspect the improvements. 16. STREET MAINTENANCE DURING CONSTRUCTION. The developer ahe|> be responsible for keeping pub|io streets within and adjacent 10the project mrem clean of dirt and debris that may spiU, t,ock, or wash onto the street from Developer's operation, Acopy ofthis contract shall be approved by the City before construction activity is 818rted. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 0 17' OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property. Prior UJ acceptance Of the improvements by the City, the Dew8|OpS[ must furnish the City with a complete Get of reproducible "record" plans, an electronic file of the "[eQJnj" plans in accordance with the City'S Engineering Design and Construction Standards Manual together with the following affidavits: a. Deve|opor/[)avelope rEngineer's Certificate b. Land Surveyor's Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All necessary forms will be furnished by the Qty. Upon receipt of "record p|onm" and aff(dovi1o, and upon review and verification by the City Engineer. the City Engineer will accept the completed public improvements. 18. WETLAND MITIGATION. The Developer mhmU complete any required wetland nnihgnUon/neotorehunin accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits, If any required rnibOodon work is found to be incomplete or restoration is unsuccessful, and if Developer fails to remedy such default within fifteen (15) days after written notice from the City (provided, however, that /n the event of bona fide emergency, the City shall only be required to give such notice as is praoUoeb|m under the circumstances), the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used bythe City toperform the work. 19, RESPONSIBILITY FOR COSTS, X In the event that the City receives claims from labor, ,notorim|rnen, or others that work required by this Contract has been performed, the sums due them have not been paid. and the |aborers, nnateria|rnen, o/ others are seeking payment from the City, and in the further event that such claims have not been resolved by Developer within thirty (50) days after written notice from the City. the Developer hereby authorizes the City to commence an |n1erp|eaderaction pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, 1Odraw upon the letters ofcredit inanamount 7 up 03 135 percent ofthe claim(s) and deposit the funds in compliance with the Ru|8, and upon such deposit, the Developer shall re|maoe, dinchar8e, and dismiss the City from any further proceedings as it pertains to the letters 0fcredit deposited with the District Court, except that the Court shall retain jurisdiction tndetermine payment ofattVrneys'feespursuant k>this Contract. B. Except msotherwise specified herein. the Developer shall pay all costs incurred by it or the City in conjunction with the project, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the project, the preparation of this Contnact, review of construction plans and docurnento, and all costs and expenses incurred by the City in monitoring and inspecting project, all at normal City rates therefor. All amounts incurred and due at the time, must be fully paid prior to acceptance nfthe improvements. C. The Developer shall hold the City and its officers, emp|oyeaa, and agents harmless from claims made by itself and third pates for donnoQes sustained or costs incurred resulting from project approval and development. The Developer shall indemnify the City and its offioers, ernp|oyoee, and agents for all coo1s, dannages, or expenses which the City may pay or incur in consequence of such da)nno. including attorneys' fees. Notwithstanding anything tothe contrary, Developer's obligation \V indernnif«, hold harmless and defend the City shall not extend to any claim, liability, loss, costs, damages or expenses, including ettorney'mfeea. which relate to, result from or are caused by the Qty'o violation of applicable |avv. this Agreement or the negligence of the City and/or its offiunrs, mnnp|oyeem, consultants or agents, D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and oUorneys'foea. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this CVO1[@ct within thirty /30\ days after receipt. Bills not paid within thirty (50) days shall be assessed a |ako fee per the City of Lake Elmo adopted Rae Schedule. Upon naquso\. the City will provide copies Ofdetailed invoices nfthe work performed. 20. CITY PAYMENTS. There are no City payments for overaizing. 21. SPECIAL PROVIS|OyNS,The following special provisions shall apply to A. Implementation of recommendations and plan revisions as directed by the City Engineer. 22. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer subdivides the property. R. Developer shall take out and maintain or cause to be taken out and maintained until S|X (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal in'ury, including dgath, and o|oirna 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 |ena than $500.008 for one person and $1.000.000 for each occurrence; ||nnitm for property donnegm shall be not less than $200.000 for each occurrence; or o combination single limit policy of$1.0OO.000 or more. The City shall be named as an additional insured on the po|ioy, and the Developer shall file with the City m certificate evidencing coverage prior to the commencement ofconstruction activity. The uort0oo1e shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. C� Third parties shall have norecourse against the City under this Contract. D. |fany portion, section, mubaeoUon, sentenue, n|ause, paragnaph, or phrase of this Contract iefor any reason held |nvaUd, such decision shall not affect the validity ofthe narnoininQ portion of this Contract. E. The action or inaction of the City ahoU not constitute a waiver oramendment 10 the provisions Vfthis Contract. TObebinding, amendments nrwaivers shall beinwriting, signed bvthe parties and approved by written resolution of the City CoVD[j|. The Cdv'3 failure to promptly take legal action to enforce this Contract shall not be waiver or release. F This Contract shall run with the land and may be recorded against the title to the 4 property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the projectpFopertv and/Or has obtained consents to this Contract, in the hnnn attached h8rGbo, from all parties who have an interest in the property; that there are no unrecorded interests in the project pn)pertv; and that the Developer will indemnify and hold the City harmless for any breach Ofthe foregoing covenants. G. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other hOht, power or remedy, express or irnp(ied, 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 orotherwise 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 o waiver of the right to exercise at any time thereafter any other right, power 0rremedy. H. The Developer represents to the City that the project complies with all nitv, county, nnetn]p0Dban, mtate, and federal |ovva and regulations, including but not limited to: subdivision ordinonceS, zoning onjinancea, and environmental regulations, If the City determines that the project does not cnrnp/y. the City may, at its option, refuse to allow construction ordevelopment work in the project area until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 23, EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall rnean, whenever it is used in this Aopeernent, anyone ormore ofthe following events: A. Subject to unavoidable de|aya, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations ofthis Agreement and the cVndnV8OCe ofsuch failure for apehodofthirty /3U\days after written notice thereof (proVided.however, that inthe event ofobona fide emergency, the City shall only be required to give such notice as is practicable under the cirounns\enmaa). 13. Failure by Developers to substantially observe or perform any material oovenant, cOndihOO, obligation or agreement on their part to be observed or performed under this Agreement and the 10 continuance of such failure for a period of thirty (30) days after written notice thereof (prQvdeU.however, that inthe event ofabona fide emergency, the City shall only berequired k>give such notice 8Ginpracticable under the circumstances), 24. REMEDIES ON DEFAULT, Whenever any Event of [)efgu|\ occurs, the Citv, subject bzany rights of third parties agreed Co by the City pursuant to this Agreement, or otherwise by vvriUen, executed instrument ofthe City, may take any one o[more Ofthe following: A. The City may suspend its performance under the Agreement until it receives assurances from Oave|opera, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right oJthe City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal o, administrative audon, as is necessary for the City to secure performance of any provision of this egnearnen1 or recover any amounts due under this Agreement from Dewe|opens, or immediately draw on the Letter of C}redh, as set forth in this Agreement. 25. ENFORCEMENT BY CITY; DAMAGES._,TheDevelopers acknowledge the right Vfthe City to enforce the terms of this Agreement against the Oave(opera, by action for apaod5o performance or dannoges, or both, or byany other legally authorized means, The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the Qb/; that inthe event ofdefault by the Developers, the City may commence legal action to recover all damages, |oaeee and expenses sustained by the City; and that such expenses may ino|ude, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 26' WARRANTY' The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship, The Developer shall submit either a cash deposit or letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required xVa[r8nh/ period for materials and workmanship for the utility contractor I installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. 27. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $789,280. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Eastern Village Trunk Sewer and Watermain $624,924 Developer's Record Drawings $2,500 Construction Sub -Total $ 627,424 Total Project Securities (at 125% Construction $784,280 Costs) This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. 28. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations to the City have been satisfied, with City Engineer approval the security may be reduced as follows; A, Up to a 50%, or $392,140 of the security provided in accordance with paragraph 27, above may be released when: (1) all utilities have been installed, all testing has been successfully completed, and the utilities are considered ready for use by the City Engineer; and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided by the City in writing and satisfactory evidence of payment, such as lien waivers are provided. 12 B. Up to an additional 25%, or $ 196,070 of the security provided in accordance with paragraph 2 7 , above may be released when: (1) all Improvements under this Agreement have been completed to the satisfaction of the City Engineer including all restoration and corrective work for any identified punch list items; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivers, are provided. C. Twenty-five percent (25%) of the security provided in accordance with paragraph 27. above shall be retained as security until: (1) all improvements have been completed, (2) all financial obligations to the City satisfied, (3) the required "record" plans have been received and approved by the City, (4) a warranty security is provided, and (5) the public improvements are accepted by the City. 29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of project approval: City Engineering Administration $20,000 (Based on two months of Escrow administration/observation) Total Cash Requirements $20,000 30. 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: 10850 Old County Road 15, Suite #200, Plymouth, MN 55441. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 31. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership of the property on which the project will be constructed by way of an attorney's title opinion or title insurance policy dated not earlier than thirty (30) days prior to the start of construction. CITY OF LAKE ELMO 13 (SEAL) BY: AND DEVELOPER: BY: Its BY: Its BY: Its , Mayor City Clerk 14 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of 2 .bv and by .dle Mayor and City Clerk of the City of Lake E|nno. a Minnesota municipal oorponahon, on behalf ofthe corporation and pursuant to the authority granted byits City Council. NOTARY PUBLIC STATE OFM|NNESOTA \ (ss. COUNTY OF ) The foregoing instrument was acknowledged beforemothis day of the Of DRAFTED BY: City of Lake Elmo 38OOLaverne Avenue North Lake Elmo, MN 55042 NOTARY PUBLIC 15 FEE OWNER CONSENT TO DEVELOPM ENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, 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 STATE OF MINNESOTA ( ss. COUNTY OF ,2 The foregoing instrument was acknowledged before me this day of , 2 by DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 16 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract 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 2 , by DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 17 ��A��U� ^^��' �� EXHIBIT ^ ^^ ` �� DEVELOPMENT CONTRACT Legal Description of Project Property Easton Village, LLCProperty: All that part ofthe Northeast Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter and the Southwest Quarterofthe Northeast Quarter all being in Section 13, Township 20 North, Range 21 VVeoi, VVnoh|nghun County, Minnesota, lying south of the southerly right-of-way line of the Union Pacific Railroad, and further described as follows: Beginning etthe East Quarter Comer cfsaid Section 13;thence South Odegrees O2minutes 51 seconds East bearings based on the Washington County Coordinate System (NAO 83), along the east line of said Southeast Quarter of Section 13, a distance of 1321.17 feet to the southeast comer of said Northeast Quarter ofthe Southeast Quarter; thence South 88degrees 33minutes 18seconds West along the south line uf the North Half of said Southeast Quarter, a distance of 2637.64 feet to the southwest comer of said Northwest Quarter of the Southeast Quarter; thence North 0 degrees 00 minutes 58 seconds East along the North and South Quarter Section line of said Section 13, a distance of 1397.70 feet to the southerly right-of-way line of the Union Pacific Railroad; thence North 72degrees 32minutes 48seconds East along said southerly right- of-way line, o distance of8A.1Qfeet tothe point ofintersection with o line being G6.00feet east of, as measured at right angles to, and parallel with said North and South Quarter Section line of said Section 13: thence South 0 degrees 00 minutes 58 seconds West along said parallel line, a distance of 330,00 feet thence (at right angles) South 89dagroee 69minuteo 02 seconds Eaot, e distance n/3OO.00feet thence (at right angles) North U degrees 00 minutes 58 seconds East, 424.41 feet to said southerly hght-of+meyline nfthe Union Pacific Railroad; thence North 72degrees 32minutes 48seconds East, along said southerly right-of-way line of the Union Pacific Railroad, a distance of 2378.80 feet to the east line ofsaid Southeast Quarter nf the Northeast Quarter; thence South Odegrees O2minutes 53seconds East along said oast |ine, a distance of883.82feet \n the point of beginning. Excepting therefrom that part ofthe Northwest Quarter ofthe Southeast Quarter ofsaid Section 13.lying within the following described area- Commencing at the southwest comer of said Northwest Quarter of the Southeast Quarter; thence North along the west line of said Southeast Quarter of Section 13, a distance of 24O.UOfeet Vmthe point ofbeginning; thence continuing North along said west line ofthe Southeast Quarter, a distance of 667.80 feet thence East at right angles a distance of 30.00 feet; thence southeasterly by a deflection angle to the right 46 degrees 28 minutes 00 seconds, a distance of 220,70 feet; thence southeasterly by a deflection angle to the left 20 degrees 35 minutes 00 seconds, a distance of 286.80 feet; thence south by a deflection angle to the right 64 degrees 07 minutes and parallel with said west line of the Southeast Quarter, a distance of 382.70 feet thence West at right angle, a distance of 440.00 feet tothe point of beginning, And Excepting from the first above described area, all that part lying Easterly ofaline 0O-OOfeet West of, measured at right angle to and parallel with the center line of County State Aid Highway 15 described as follows: Commencing a(the East Quarter comer nfsaid Section 13; thence South OOdegrees 51minutes 48 seconds East, bearing oriented to the Washington County Coordinate System, South Zone, along the East line of said Section 13 to the southeast comer of said Section 13 and the beginning of the center line 1obe described; thence North UUdegrees 45minutes 51 seconds West edistance of3571.1Bfeet thence North OO degrees 54 minutes 55 seconds West a distance of 1000,00 feet and said center line there terminating, except the Chicago and Northwestern Railroad right-Cf-way, Washington County, Minnesota, Peter lSchiltgenFhopenty., That part ofthe West half nfSection Thirteen (13).Township Twenty-nine (28)North ofRange no (21 ), lying within the following boundaries, to -wit: Beginning at the quarter post in the center of the South line of said Section; thence running North along the Center Line of said Section to a point in the center of the Saint Paul & Stillwater Road; thence Southwesterly along the center nfsaid road (napoint forty-four (44) Rods West ofthe East Line of the Northwest Quarter of said Section; thence South on a line parallel with the West line of said Section to a point in the South line thereof Forty-four (44) Rods West of the center post in said line� thence East Forty-four (44) Rods to the place of beginning, excepting, however, a strip of land One Hundred (100) Feet in width, being Forty-four (44) feet on the north side and Fifty-six (56) feet on the South side of center line of St. P,S, & T, F, Ry. track as constructed over and across East Forty-four (44) Rods of West One-half (W 1/2), and also excepting therefrom the East 726 feet of the South 180Ofeet ofthe Southwest Quarter (SW 114) of Section 13 Township 29 North, Range 21 West, Washington County, K8inneooto, according to the United States Government Survey thenenf, subject to the right ufway of Minnesota Trunk Highway No. 5 (also known as Stillwater Boulevard North), and is also subject toa2Ofoot road use easement recorded by Document Number 328273 in the Office of the County Recorder, Washington County, Minnesota, and is also subject to a Northern States Power Easement recorded in Book 136 of Deeds, Page 297, in the Office of the County Recorder, Washington County, Minnesota. 19 �U �� U��U][ IRREVOCABLE _ -,==-=��==�==�-==' ----_'=. TO: City of Lake Elmo Dear Sir or Madam: No. VVehereby issue, for the account of (Name ofDeveloper) and inyour favor, our Irrevocable Letter nf Credit inthe amount of$ .available Voyou byyour draft drawn onsight onthe undersigned bank o(its offices inMinnesota. 2 The draft must: a)Bear the clause, "Drawn under Letter of Credit No, .dated .2 .of NBesigned bythe Mayor orCity Administrator m[the City nfLake Elmo, u) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, This Letter of Credit shall automatically renew for successive one-year banna unleos, at lean (45) days prior to the next annual renewal doba (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 K 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 an follows: City Administrator, City Ha||, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042and is actually received by the City Administrator at least thirty(30) days prior to the renewal This Letter of Credit nets 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 e 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 cdCredit shall be duly honored upon presentation. /w7,am`u Its Z0 0-1.` OF LAKE ELM AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM # June 9, 2015 Easton Village Developer's Agreement — Minor Amendments Kyle Klatt, Community Development Director Dean Zuleger, City Administrator Jack Griffin, City Engineer Dave Synder, City Attorney Nick Johnson, City Planner 17 SUGGESTED ORDER OF BUSINESS: Introduction of Item .... Development Director Report/Presentation.......................... __Community Development Director Questions from Council to Staff Mayor Facilitates Call for Motion .................... ...... ..... Mayor & City Council Discussion ..... Nlayor & City Council Action on Motion........................., ...... Mayor Facilitates POLICY RECCOMENDER: At the request of the developer. Staff is recommending minor revisions to the approved developers agreement for Easton Village to: 1) change the name of the developer from Easton Village, LLC to Chase Development, Inc., and 2) remove the financial security amounts associated with the Eastern Trunk Sewer and Watennain project that will now be covered under a separate development contract. FISCAL IMPACT: None of the previous financial aspects of the agreement would be changed by the amendment; a portion of the security would he moved into the Eastern Village Trunk Sewer Agreement. SUMMARY AND ACTION REOUESTED: The City Council is being asked to approve minor amendments to the Easton Village Developer's Agreement as described above. The Council recently confirmed the final language to the used in the document, and none of these previously negotiated provisions will be changed. Please note that the request to revise the name of the developer stems from the developers inability to complete a proposed transaction with the Excelsior Group. In order to move the development forward, Chase Development, Inc. will be listed as the developer for the project. The other revision to the document concerning the -- page 1 -- City Council Meeting April 7, 2015 [C011.5011 Age17(10 11017 101 removal of the trunk sewer securities is consistent with a related request by the same developer to enter into a separate agreement with the City for this work. The recommended motion to take action on the request is as follows: "Move to amend the developer's agreement _Mr .Easton Village as drafted and documented in the attached amended Development Agreement" LEGISLATIVE HISTORY/STAFF REPORT: The City Council approved a developers agreement for Easton Village on March ri of this year, and affirmed that the language used in the agreement was consistent with its approval on July 15, 2015. Since this approval, the developer, working in conjunction with the other two residential developers in the Village (Gonyea and Engstrom Companies) has decided to split the trunk sewer line work from the public improvements specific to the Easton Village development. This splitting of the project will help facilitate the coordination of thc trunk project among the three benefiting parties while helping move this portion of the project along a faster timeline. The proposed action would remove S784,280 of the required security that represents the cost to install the trunk line and moves this into the new agreement. Other than the change to the responsible developer, there are no other revisions proposed. All changes are tracked in the attached document. BACKGROUND INFORMATION (SWOT): Strengths: Splitting out the trunk sewer work will help ensure that the regional project will move forward without any direct City responsibility for its construction. Weaknesses: None — the overall security to be provided has not changed. Opportunities: The separation of trunk sewer and water elements form the existing agreement will help the three private developers better coordinate the installation of these improvements. Threats: None. RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City Council approve minor amendments to the Easton Village Developers Agreement to: 1) change the name of the developer from Easton Village, LLC to Chase Development, Inc., and 2) remove the financial security amounts associated with the Eastern Trunk Sewer and Watermain project that will now be covered under a separate development contract. The suggested motion to adopt the Staff recommendation is as follows: "Move to amend the developer's agreement.for Easton Village as drafted and documented in the attached amended Development Agreement" ATTACHMENTS: . Easton Village Developer's Agreement — Revised (with amendments tracked) -- page 2 -- Irts'Ijb recording iqfiNwuttiotri DEVELOPMENT CONTRACT (Public sewer and water) Easton Village AGREEMENT dated . 2015, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation ("City"), and Easton-Vie,L-L-CChase Development , Inc (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Easton Village (referred to in this Contract as the "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described as: 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, 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. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat and required homeowner's association documents have been recorded with the Washington County Recorder's Office, and 4) the City's Community Development Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that the Developer may proceed. 4. PHASED DEVELOPMENT. This plat is a phase of a multi -phased preliminary plat; the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. The plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary plat approval. 6, CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the residential 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 Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer's sole expense. The plans shall not be attached to this Contract, If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A — Final Plat Plan B - Final Grading, Drainage, and Erosion Control Plans Plan C - Final Sanitary Sewer, Water Main, Storm Sewer, and Street Plans Plan D - Final Landscape and Tree Preservation Plan Plan E - Eastern Village Trunk Sewer Line 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. -V 41 ae e-T - 6-r--6Lr4 e C. Watermain D Surface Water Facilities (pipe, ponds, rain gardens, etc.) E Grading and Erosion Control Sidewalks/7 rails H,C,' Street Lighting I Underground Utilities Street Signs and Traffic Control Signs Landscaping and Street Trees Tree Preservation and Reforestation Wetland Mitigation and Buffers 333 Monuments Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the City's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. 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 City 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 and a soil engineer inspect the 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 3 and the Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer, The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and spec fications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 36, Summary of Cash Requirements (City Engineering Administration Escrow), The escrow account will be used to reimburse the City for all engineering administration and construction observation performed during the construction of the improvements until the escrow has been reduced to half of its original amount, Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all engineering administration and construction observation performed during the construction of the improvements (at normal City rates for such services) and will maintain the account at half of the original balance. If Developer fails to pay the invoiced amount within such 30-day period, and such failure continues for an additional five (5) business days after written notice from the City of such failure, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in accordance with this Section. City engineering administration will include monitoring of construction progress and construction observation, consultation with Developer and his engineer 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 security. Construction observation may be performed by the City's in-house staff or consulting engineer, 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 on an hourly basis at nonnal City rates therefor. The direction and review provided through the iispection of the improvements should not be considered a substitute for the Developer required management of the development, Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer wit notify the City Engineer at such times during construction as the City Engineer 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 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% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, ncluding but not limited to: A. Right-of-VVay Excavations and Obstructions: • City of Lake Elmo, Right -of -Way Utility Installation(s) • City of Lake Elmo, Right -of -Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County, Street or Driveway Access(s) • Minnesota Department of Transportation. Utility Installation • Minnesota Department of Transportation, Right -of -Way Permit B. Watermain Extensions: • Minnesota Department of Health C. Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services 5 D. Stormwater Management: • Valley Branch, Brown's Creek or South Washington Watershed District Permit Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit • SWPPP (Stormwater Pollution Prevention Plan) Wetland Mitigation: - Board of Water and Soil Resources, WCA G. Construction Dewater no: • Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by June 30. 2016, with the exception of the final wear course of asphalt on streets, The Developer shall have the option of nstalling the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer, 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via the planned construction access off of Manning Avenue. No construction traffic is permitted on other adjacent local streets, 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated, The Developer and/or then representatives are required to supervise and coordinate all construction activities for all 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 18, 17 and 18. For the purpose of this pmrograph. Electronic message (email) shall be deemed an acceptable method of notification provided itiocaptioned "Notice pursuant m Development Agreement". 16. EROSION CONTROL Prior to initiating site grading, the erosion control plan, Plan B. shall be implemented bythe Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the p|m,, with all watershed district oonnku and with Minnesota Pollution Control Agency's Best Management Practices, The City may impose additional cmamn control requirements as deemed necessary, The parties recognize that time io ufthe essence in controlling erosion. If the Developer uono not comply with the cmxivn 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 axtion, but failure of the City to do xp will not affect the Devo|uve/e and City'x rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (18)days, the City may draw down the security to pay any costs. No ¢eve|npmont, utility nrstreet construction will be oUowa4 and no building permits will he issued unless the p|ut is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public impmvomon/u, the developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action as a||nwcU by this agreement against the Developer for any noncompliant issue an stated above. Erosion control plans for individual lots will be required in accordance with the City's building permit requirements, oraxrequired bythe City o,City Engineer, 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan. Plan ^D^ The plan shall conform to Engineering Design and 7 Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as -constructed grading plan. Within thirty (30) days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that all trails, ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. The City will not issue any building permits, with the exception of the model homes described in Section 26(A), until the approved certified record grading plan is on file with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "V. The plan shall conform to the City's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, the boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or as representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements, The final bituminous wear course may be installed in accordance with paragraph 12. above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs shall be placed 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. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developers operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets, The City shall not be responsible for repairing the streets because of snow plowing operations, Providing snow plowing service does not constitute final acceptance of the streets by the City, The Developer shall contract for street cleaning within and immediately adjacent to the development, At a minimum, scraping and sweeping shaft take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property, Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans, 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 Contract. 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, the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer shall be required to dedicate 9.84 acres of land for public park purposes for the entire subdivision. The Easton Village Final Plat includes the dedication of 3.99 acres of land, which represents 40.5% of the overall total land dedication required. Future project phases shall either include dedication of the remaining 5.85 acres of park land or a cash payment in lieu of land dedication consistent with the Lake Elmo Subdivision Ordinance, 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of at sewer availability charges (SAC) and all water availability charges (WAC) with respect to the 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 REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $213,000.00, The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $213,000.00. In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met Council sewer availability charge in the current amount of $2,485.00 per REU, and a water connection charge in the current amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot, These amounts are charged at the time of building permit in accordance with the latest city fee schedule, which may be more or less than the amount specified herein. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements, and the installation costs shall be included in the street construction calculations. 24. STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street lighting plan approved by the City. The Developer shall coordinate the installation of street lights with Xcel Energy in conjunction with the other improvements, and agrees to pay Xcel Energy for all upfront costs associated with the street lighting system, including underground cables, posts, lamps, ballasts, starters, photocells, and glassware. All street lights will be leased by the City upon final acceptance of the system. The Developer shall also pay $749,52 in payment for the first year operating costs for street lights. 25. WETLAND MITIGATION. The Developer shall complete any required wetland mitigation/restoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If any required mitigation work is found to be incomplete or restoration is unsuccessful, and if Developer fails to remedy such default within fifteen (15) days after written notice from the City (provided, however, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the circumstances), the City may draw down the security at any time during the warranty period if the Developer falls to take corrective measures to be used by the City to perform the work. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except five (5) model homes on lots acceptable to the Comrnunity Development Director. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. The monument design shall be approved by the Community Development Department C. Written certification of the as -constructed grading must be on file at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and/or withholding of other permits, inspection or actions, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. G. The City will not issue a certificate of occupancy for any building constructed on any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public sewer and water, curbing, and one lift of asphalt is installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must be on file at the City for the block where the building is to be located. 27. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, and in the further event that such claims have not been resolved by Developer within thirty (30) days after written notice 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 letters of credit 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 letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine payment of attorneys' fees pursuant to this Contract. 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 plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat, all at normal City rates therefor. All amounts incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording. C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneysfees. Notwithstanding anything to the contrary, Developer's obligation to indemnity, hold harmless and defend the City shall not extend to any claim, liability, loss, costs, damages or expenses, including attorney's fees, which relate to, result from or are caused by the City's violation of applicable law, this Agreement or the negligence of the City and/or its officers, employees, consultants or agents. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request., the City will provide copies of detailed invoices of the work performed. 28. CITY PAYMENTS. There are no City payments for oversizing due to previous agreements with the Developer concerning the 3911' Street Trunk Sewer Line project. 29. RAILROAD CROSSING IMPROVEMENTS: The Developer shall be required to pay for a portion of the costs to secure, build and install a public rail crossing at the location shown in Exhibit B to specifications required by the City, the Minnesota Department of Transportation, the Union Pacific Rail Road and any other regulatory agency having jurisdiction over the crossing and the track in accordance with the specifications of the City of Lake Elmo, The Developer's portion of these costs shall be calculated based on the percentage of the overall number of Residential Equivalency Connection (REC) units planned for developments that will directly access the Village Parkway minor collector road between State Highway 5 and 30 Street divided by the estimated overall project costs. The City will request that all future development projects connecting directly to Village Parkway contribute towards said crossing improvement. The Developer shall provide all property in fee and/or easements as required by the City necessary to establish the railroad crossing. The Developer agrees to submit a cash payment of $63,000 to the City for its share of the railroad crossing improvements. I 3 A. The amount of the cash payment was calculated as follows: $500,000 estimated project costs multiplied by 12.6% = $63,000. B. The calculation for future railroad crossing costs has been determined as follows: Parcel ID(s) Percentage 13,029,21.14.0002 38.6% 13.029.21.42.0001 13,029,21.41.0001 13.029.21.13.0001 13.029.21.43.0004 13.029.21.44.0002 13.029.21.12.0001 13.029.21.14.0002 13.029,21.24.0001 I Totals Total Costs $193,000 17.8% $89,000 30.2% $151,000 13.4% 100% $67,000 $500,000 C. If the construction amount of the railroad crossing installation exceeds $500,000, the additional cost shall be allocated proportionally to the parcels listed above upon consent of all property owners and the City. The City may participate in the additional costs of construction of the railroad crossing if it is deemed to be necessary as a matter of public safety. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the January 22, 2015, February 5, 2015, and February 10, 2015 Engineering review memorandums concerning the Easton Village Final Plat, B. Before the City executes the final plat, the Developer shall convey Outlots A, B, D, G, Part of E, and F to the City by warranty deed, free and clear of any and all encumbrances. C. Railroad Crossing Improvements. The Developer shall enter into an escrow agreement with the City satisfactory to the City Attorney concerning acquisition of and the payment of costs associated with a new railroad crossing and the construction of related public improvements serving the property and providing financial guarantees concerning the construction of said improvements. Developer shall provide all property in fee and/or easements as required by the City necessary to establish the railroad crossing. The Developer shall install temporary turnarounds on the northern end of Linden Avenue North and the termination point of 32"a Street North until these roads are extended to the north as part of a future development phase. E. Temporary Manning Avenue Access Removal. Prior to the City's acceptance of the streets, the developer shall submit a letter of credit or cash escrow to the City in the amount of ($27,870) to guarantee the removal of the temporary access road connecting to Manning Avenue. This letter of credit or escrow may be renewed for future project phases if the requirements for removal of the access road have not been met prior to the platting of future project phases. F. Compliance with recommendations of the Metropolitan Airports Commission as documented in a letter dated December 8, 2014 from the Commission's Airport Planner. G. Disclosure of Information: The declarations for the Homeowner's Association shall include a disclosure statement in form and substance as attached as Exhibit B hereto regarding the Lake Elmo Airport, Access to Manning Avenue, and Union Pacific Railroad rail line. H. The Developer must obtain a sign permit from the City prior to installation of any permanent subdivision identification signs. 1. The Developer shall be responsible for the construction of all improvements within the Manning Avenue (CSAH 15) right-of-way as required by Washington County and further described in the review letter received from the County dated June 24, 2014. t. The Developer shall observe all other County requirements as specified in the Washington County review letter dated June 24, 2014. J. The Developer shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. I 5 K. Any land under which public trails are located will be accepted as park land provided the Developer constructs said trails within the dedicated areas as part of the public improvements for the subdivision and easements are provided where required by the City, O. The City and Developer agree to prepare a plan for improvements to the Outiot D park area by December 15, 2015 with installation of said improvements to be completed by June 30, 2016. 31. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical 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 and specifications. At retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by the City Attorney, shall be filed with the final plat. No third -party beneficiary status is hereby conferred. All outlots and common areas, including Outiots A, C, and E shall be maintained in good order and repair by a homeowner's association, and, if it does not do so, then the City may perform the work and assess the costs against the individual lots within the plat of Easton Village and without regard to the formalities or requirements of Minn. Stat. § 429. D. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public 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 $1,000,000 for each occurrence: limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more, The City shall be named as an additional insured on the policy, and the Developer shall fife with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract, To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; 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, 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. 17 l The Developer represents mthe City that the plat complies with all city, county, mnunpm|Kan, gmm, and federal laws and regulabuns, including but not limited uz subdivision ordinances, zoning ordinances, and environmental regulations, |fthe City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does oomp|y. Upon the City's demand, the Developer shall cease work until there is compliance, 32. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable dolayv, failure by Developers to commence and complete construction o[the Public Improvements pursuant to the terms, conditions and limitations of this Agreement and the continuance of such failure for pemad of thirty (30) days after written notice thereof (provided, however, that in the event of a bona fide emergency, the City shall only be required togive such notice aois practicable under the oircum,tanoeo). R Failure by Developers to substantially observe o, perform any material covenant, nondidon, obligation uragreement ontheir part to be observed or performed under this Agreement and the continuance nfsuch failure for aperiod o[thirty (30)days after written notice thereof (pm"iUed.however, that in the event ora bona figo emergency, the City shall only be required to give such notice as is practicable under the circummannna), 33. REMEDIES ON DEFAULT. Whenever any Event nfDefault occurs, the City, subject to any rights c«third parties agreed /ohythe City pursuant tn[his Agreement, orotherwise byMmen.executed instrument ofthe City, may take any one o,more ufthe following: A, The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City. that Developers will cure their default and continue their performance under the Agreement, Suspension of performance includes the right oJthe City to withhold permits including, but not limited to, building nennitx, B. The City may initiate such action. including legal or administrative action, as is w necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, [he City may undertake to do the work and assess the costs to the individual lots within the plat without regard to the formalities or requirements of Minn. Stet, § 429.. 34. ENFORCEMENT BY CITY: DAMAGES. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or at of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, 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. 35. WARRANTY. The Developer warrants at improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either a cash deposit or letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing pubhc sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee ail work, including street const uction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two growing seasons 19 following installation. D. The required warranty for landscaping within storm water infiltration areas (Portions of Outlot B and Outlot F) shall be three (3) years following installation. The developer shall also enter into a maintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping for within these storm water infiltration areas. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination &weeds and invasive species. 36. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in (he forrn attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $3 653 9894,424044, The amount of the security was calculated as follows: CONSTRUCTION COSTS: Streets $526,489 Sanitary Sewer $293,960 Eastern -Village Trunk Sewer-and-Watermain $624.9-2-4 Formatted: Tab stops: 3,6", Right Watermain $303,289 Surface Water Facilities (pipe, ponds, rain gardens, $585,943 etc.) Grading $728,739 Erosion Control $68,678 Sidewalks/Trails $98,777 Street Lighting Xcel to Install, to be pre -paid directly by developer Street Signs and Traffic Control Signs $5,600 Landscaping $110,781 Tree Preservation and Restoration $164,435 Wetland Mitigation and Buffers Separate letter of credit through Watershed District .20 Monuments Miscellaneous Facilities Developers Record Drawings Construction Sub -Tot& Total Project Securities (at 125% Construction Costs) $30,000 N/A $6,500 $ 2,923.191 ',3,48,-1.15 $ 3,653,989 4435444 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator, The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default, 35: 37. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt - of proof satisfactory to the City Engineer that work has been completed and financial obligations to the City have been satisfied, with City Engineer approval the security may be reduced as follows: A. Up to 50%, or $1,826,995 2:2-1-7,5-7-2-of the security provided in accordance with paragraph 3236, above may be released when: (1) Developer's obligations under this Agreement have been completed and the Public Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list items, but not including the final wear course; and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided by the City in writing and satisfactory evidence of payment, such as lien waivers are provided. B. Up to an additional 25%, or $ 913,497 1408,7-86-of the security provided in accordance with paragraph 3236, above may be released when: (1) Developers obligations under this Agreement have been completed and the Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list items and including the final 2 I rmatted; No bullets or numbering Formatted: Indent: Left: 0,06, First line: 1.06, Right: 0,08", Line spacing: Multiple 1,99 li, Numbered + Level: 1 + Numbering Style: A, B, C, + Start at: 1 + Alignment' Left + Aligned au -0,5" + Indent at: 0" Formatted: Condensed by 0.2 pt Formatted: Indent: Left: 0,06, First line: 1.06", Numbered + Level: 1 + Numbering Style: A, B, C, + Start at: 2 + Alignment: Lett + Aligned at: -0,5' + Indent at: 0" wear course; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivers, are provided. C. Twenty percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received and approved by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 36. 38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the - 4 , Formatted: No bullets or numbering cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $213,000 Water Availability Charge (WAC) $213,000 Park Dedication N/A Railroad Crossing Improvement $63,000 Contribution Street Light Operating Fee $749.52 Village AUAR Fee $16,630 City Base Map Upgrading $1,100 City Engineering Administration $50,000 (Based on two months of Escrow administration/observation) Total Cash Requirements $ 557,479.52 37,39. NOTICES. Required notices to the Developer shall he 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; 2140 West County Road 42, Burnsville, MN. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042, Formatted: Indent; First line: 0.56", Numbered ;- Level: 1 + Numbering Style: 1, 2, 3, + Start at: 39 + Alignment: Left + Aligned at: -0.5" + Indent at: -0" 38,40, EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee • ownership of the property being platted by way of an attorneys title opinion or title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. (SEAL) CITY OF LAKE ELMO BY: AND DEVELOPER: BY: Its , Mayor City Clerk Formatted: Indent: First line: 0,5, Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 39 + Alignment: Left + Aligned at; + Indent at: -0" STATE OF MINNESOTA COUNTY OF WASHINGTON ( ss. The foregoing instrument was acknowledged before me this day of 2 , by and by ,the Mayor and City Clerk 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, STATE OF MINNESOTA ( ss COUNTY OF NOTARY PUBLIC The foregoing instrument was acknowledged before me this day of , 2 by the of DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elrno, MN 55042 (651) 747-3901 NOTARY PUBLIC 24 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, 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 STATE OF MINNESOTA (ss. COUNTY OF , 2 The foregoing instrument was acknowledged before me this day of , 2 bY DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 25 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract 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 2 , bv DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 26 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Fin& Platted as Easton Village All that part of the Northeast Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter all being in Section 13, Township 29 North, Range 21 West, Washington County, Minnesota, lying south of the southerly right-of-way line of the Union Pacific Railroad, and further described as follows; Beginning at the East Quarter Comer of said Section 13; thence South 0 degrees 02 minutes 51 seconds East bearings based on the Washington County Coordinate System (NAO 83), along the east line of said Southeast Quarter of Section 13, a distance of 1321.17 feet to the southeast comer of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 32 minutes 18 seconds West along the south line of the North Half of said Southeast Quarter, a distance of 2637.64 feet to the southwest comer of said Northwest Quarter of the Southeast Quarter; thence North 0 degrees 00 minutes 58 seconds East along the North and South Quarter Section line of said Section 13, a distance of 1397.70 feet to the southerly right-of-way line of the Union Pacific Railroad; thence North 72 degrees 32 minutes 48 seconds East along said southerly right- of-way line, a distance of 69.19 feet lo the point of intersection with a line being 66.00 feet east of, as measured al right angles to, and parallel with said North and South Quarter Section line of said Section 13: thence South 0 degrees 00 minutes 58 seconds Wesl along said parallel line, a distance of 330.00 feet thence (al right angles) South 89 degrees 59 minutes 02 seconds East, a distance of 300.00 feet thence (at right angles) North 0 degrees 00 minutes 58 seconds East, 424.41 feet to said southerly right-of-way line of the Union Pacific Railroad; thence North 72 degrees 32 minutes 48 seconds East, along said southerly right-of-way line of the Union Pacific Railroad, a distance of 2378,80 feet to the east line of said Southeast Quarter of the Northeast Quarter; thence South 0 degrees 02 minutes 53 seconds East along said east line, a distance of 883.82 feet to the point of beginning. Excepting therefrom that part of the Northwest Quarter of the Southeast Quarter of said Section 13, lying within the following described area: Commencing at the southwest comer of said Northwest Quarter of the Southeast Quarter: thence North along the west line of said Southeast Quarter of Section 13, a distance of 240.00 feet to the point of beginning; thence continuing North along said west line of the Southeast Quarter, a distance of 667.80 feet thence East at right angles a distance of 30.00 feet: thence southeasterly by a deflection angle to the right 46 degrees 28 minutes 00 seconds, a distance of 220.70 feet; thence southeasterly by a deflection angle to the left 20 degrees 35 minutes 00 seconds, a distance of 286.80 feet: thence south by a deflection angle to the right 64 degrees 07 minutes and parallel with said west line of the Southeast Quarter, a distance of 382.70 feet thence West at right angle, a distance of 440.00 feet to the point of beginning, And Excepting from the first above described area, all that part lying Easterly of a line 60.00 feet West of, measured at right angle to and parallel with the center line of County Stale Aid Highway 15 described as follows: Commencing at the East Quarter comer of said Section 13; thence South 00 degrees 51 minutes 49 seconds East, bearing oriented to the Washington County Coordinate System, South Zone, along the East line of said Section 13 to the southeast comer of said Section 13 and the beginning of the center line to be described; thence North 00 degrees 45 minutes 51 seconds West a distance of 3571.19 feet thence North 00 degrees 54 minutes 55 seconds West a distance of 1000.00 feel and said center line there terminating, except the Chicago and Northwestern Railroad right -Of -way, Washington County, Minnesota. EXHIBIT "B" TO DEVELOPMENT CONTRACT Disclosure of Information - Easton Village Developer shall cause the following notice to be given as part of the declarations for the Easton Village Homeowners Association: Lake Elmo Airport. The Property is located near the Lake Elmo Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is open 24 hours a day, year round. The Airport operates with a primary runway on a northwest/southeast orientation and a perpendicular crosswind runway on a northeast/southwest configuration. The primary role of the Lake Elmo Airport is to accommodate personal, recreational, and some business aviation users within Washington County and the eastern portion of the Twin Cities Metropolitan Area. The Airport accommodates aircraft operations from single and multi -engine propeller -driven aircraft; occasional corporate jet aircraft; helicopters; and pilot training facilities; all of which may affect the Property with overflights and aircraft noise during the day and at night. The Airport operates lighting which may be visible from the Property. The Long -Term Comprehensive Plan for the Lake Elmo Airport contemplates constructing a longer primary runway parallel to but shifted north and east of the existing northwest/southeast runway alignment and an extension to the crosswind runway. The proposed expansion is intended to improve the Airport's ability to fulfill its existing role and to compete more effectively for additional business -related flights that use propeller - driven aircraft. Further information regarding the Lake Elmo Airport can be obtained from the Metropolitan Airports Commission's Airport Manager, Telephone No.: 651-224-4306. Union Pacific Railroad. The property is located near an active Union Pacific Rail Line, which at present, carries 4-6 trains per day. The City of Lake Elmo intends to construct a new railroad crossing across the railroad right- of-way that will connect the northernmost extension of Village Parkway as platted within Easton Village to Minnesota State Highway 5. Manning Avenue/County Highway 15. The access to Manning Avenue from 32 Street North is temporary in nature and will be eliminated at such time that Village Park Way is connected to 30`h Street or 5 years has passed from the date of final plat approval, whichever is longer. 23 IRREVOCABLE LETTER OF CREDIT TO: City of Lake Elmo Dear Sir or Madam: No Date: We hereby issue, for the account of (Name of Developer) arid in your favor, our Irrevocable Leber of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank at its offices in Minnesota. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated , 2 of (Name of Bankl 2 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, This Letter of Credit shall automatically renew for successive one-year terrns 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, al 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: I :1 7 8 fi 5 1, 1 I t S 2) ci DATE: REGULAR ITEM # C T June 9, 2015 18 AGENDA ITEM: Zoning Text Amendment — Freeway Signs, Written Findings for Denial SUBMITTED BY: Nick M. johnson. City Planner THROUGH: REVIEWED BY: Dean Zuleger, City Administrator Kyle Klatt, Community Development Director Dave Snyder. City Attorney SUGGESTED ORDER OF BUSINESS: Introduction of Item Development Director Report/Presentation„..........................„Community Development Director Questions from C'ouncil to Staff Mayor Facilitates Call for Motion Mayor & City Council Mayor & City Council Action on Motion Mayor Facilitates POLICY RECCOMENDER: Staff FISCAL IMPACT: N/A SUMMARY AND ACTION REQUESTED: The City Council is being asked to formally approve written findings of denial of a Zoning Text Amendment request submitted by Rhim Kenworth to amend the City's Sign Ordinance to allow freeway signs. The recommended motion to take action on the request is as follows: "Move to adopt Resolution No. 2015-53, denying the request to amend the City's Sign Ordinance to allow freeway signs on commercial properties within dose proximity to I-94 Corridor. LEGISLATIVE HISTORY/STAFF REPORT: The City Council reviewed the request to amend the Sign Ordinance at a meeting on May 5. 2015. Al the meeting, a motion to approve the requested Zoning Text Amendment failed (Vote: 3-2). Once the motion failed. the Council was inforined that written findings for denial would be required as the request was submitted by -- page 1 -- City Council IVIeeting !Regular Agenda Item IJ June 9, 2015 an external applicant, as opposed to an internal City action. The attached resolution represents a synthesis of the Council's reported findings for denial and clarifies them as the \.yritten findings needed for the official record. As part of the discussion by the Council on May 5, two findings were highlighted that supported the decision to not approve the requested amendment to the Sign Ordinance. ) The fact that the planning effort of the Gateway Corridor Bus Rapid Transit (BRT) Project remains incomplete at this time adds to the uncertainty surrounding the Hudson Blvd. area of the 1-94 Corridor. The majority of the Council noted that decisions on commercial signage in the corridor should be postponed until there is greater certainty over the land use, design and character/aesthetics of the Gateway Corridor BRT. It was also stated that commercial signage along Hudson Blvd. could he reevaluated once the Gateway Corridor BRT planning process is complete. 2) While the Comprehensive Plan does support commercial growth in the 1-94 Corridor. maintaining a rural community is also an identified goal of the City's Land Use Plan. Based on the discussion by the Council. the majority determined that increased allowance of commercial signage visible to 1-94 is not consistent with the City's goal of maintaining a rural community, It is based on these two tindin2s discussed by the Council that staff has drafted written findings for denial of the Zoning Text Amendment for consideration by the City Council. The written findings are found in the attached resolution. RECOMMENDATION: Based on the above Staff Report, Staff is recommending that the City Council approve written findings of fact for the denial of the request to amend the City's Sign Ordinance. The suggested motion to adopt the Staff recommendation is as follows: "Mope to adopt Resolution No. 2015-53, denying the request to amend the City's Sign Ordinance to allow freeway signs on commercial properties within close proximity to 1-94 Corridor." ATTACHMENTS: 1 Resolution No. 2015-53 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-53 /1 RESOLUTION DEN)7N-G ti ZONING l'ILVT .4MENDMENT TO /1 A 1END THE C'ITY 'S SIGN ORDINANCE 1'0 ALLOW FREESTINDING AND PYLON SIGNS ON PROPERTIES WITHIN CLOSE PROXIMITY TO INTERSTATE 9-1 WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws or the State of Minnesota: and WHEREAS, Rihm Kenworth, 11530 Hudson Boulevard North, Lake Elmo, MN, (the "Applicant-) has suhmined an application to the City of Lake Elmo (the "City") for a Zoning Text Amendment to amend the City's Sign Ordinance to allow freestanding and pylon signs on commercial properties within close proximity to Interstate 94; and WHEREAS, notice has been published. mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on April 13, 2014; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated May 5, 2015; and WHEREAS, the City Council considered said matter at its May 5, 2015 meeting. NOW, THEREFORE., based on the testimony elicited and information received. the City Council makes the following: FINDINGS 1) That the procedures for requesting a Zoning Text Amendment are found in the Lake Elmo Zoning Ordinance. Section 154.105. That all the submission requirements of said Section 154.105 have been met by the Applicant. 3) That the proposed ZoningZoiiing Fexi Amendment includes the following components: a) The amendment to the Sign Ordinance Nvould allow freestanding and pylon signs on commercial properties within close proximity to Interstate 94; and Resolution No. 2015-53 b) 'Nat freeway signs only be permitted within 150 feet of the right-of-way of Interstate Highway 94, c) That these sings are not to exceed 150 square feet in arca and 25 feet in height. 4) "that the planning effort of the Gateway Corridor Gold Line Bus Rapid Transit (BM') Project along Hudson Boulevard in Lake Elmo is not yet complete. 5) That the land use, built environment and design of Lake Elmo's 1-94 Corridor is likely to significantly change as a result of the Gateway Corridor BRT planning process. 6) That increasing the commercial signage allowance prior to the Gateway Corridor BRT planning process being completed is not prudent at this time. 7) That the City has the ability to reevaluate the appropriate amount and type of commercial signage along the 1-94 Corridor once the Gateway Corridor BRT planning process is complete. 8) That amending the City's sign ordinance to allow lager commercial signage along 1-94 at this time is not consistent with the City's goal of maintaining a rural community as guided by the Comprehensive Plan. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Zoning Text Amendment is denied. Passed and duly adopted this 91h day of,lune 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Adam Bell, Clerk Resolution No, 2015-53