HomeMy WebLinkAboutFebruary 21, 2006 CCPMay
Dean Johnston Lake Elmo City Council
Council members:
Rita Conlin Tuesday,
Steve DeLapp
Liz Johnson Anne Smith l� February 21, 2006
3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
Please read: Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
February 7, 2006
3. PUBLIC INOUIRIES/INFORMATIONAL:
public Inquiries/Informational is an opportunity for citizens to bring the
Council's attention any items not currently on the agenda. In addressing the
A. PUBLIC INFORMATIONAL:
Council, please state your name and address for the record, and a brief summary
of the specific item being addressed to the Council. To allow adequate time for
each person wishing to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written documents may be distributed to the
Council prior to the meeting or as bench copies, to allow a more timely
presentation.
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to be routine by
the City Council and will be enacted by one motion under a Consent Calendar
A. Resolution No. 2006-018•Approving
format. There will be no separate discussion of these items unless a Council
Claims
member so requests, in which event, the item will be removed from the general
order of business and considered separately in its normal sequence on the
B. Revisions to Fee Schedule: Ordinance No.
agenda.
97-165
S.FINANCE:
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Dept. Activities:Jim
McNamara
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Tablyn Park Overlay Project;
Resolution No. 2006-019: Authorize Engineer to
Prepare Feasibility Report
Lake Elmo City Council Agenda
February 21, 2006
Noe 2
B. Resolution No. 2006-020: Establishing
State Aid Route Manning from TH36 to
50'h Street
C. Resolution No.2006-021:Authorize
Feasibility Report Manning Avenue
Improvements at TH36
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Amended Development Agreement -
"The Sanctuary of Lake Elmo"; Resolution No.
2006-022
B. Letter of Credit Escrow Reduction -The
Sanctuary of Lake Elmo
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A.
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
CLOSED SESSION:Lake Elmo vs. Sessing
Mediation Update
City of Lake
i
CouncilCity a
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m.
COUNCILMEMBERS PRESENT: Conlin, Smith, Johnson, and DeLapp. STAFF PRESENT:
Administrator Rafferty, Planner Dillerud, Finance Director Tom Bouthilet, Building Official McNamara,
Superintendent M. Bouthilet, Fire Chief Malmquist, and Recording Secretary Schaffel. ALSO
PRESENT: City Engineer Prew and City Attorney Filla.
1. AGENDA
Councilmember DeLapp said he has a question about the Credit Union and Prairie Ridge Office Park,
9C. City Administrator 11 C. Mayor Johnston asked for 9D Recommendation for County Planning
Commission and 9E - Second Alternate position on Lake Elmo Planning Commission. 9A, I IA, and 11B
move up to 6a, b and c under New Business because the public might be interested. Councilmember
Johnson asked to clarify the policy for contacting the City Attorney by cou'wilmembers. The City
Attorney said that l0A and 1 OB should be under 13 in the Close 'A Sion Cc tiiricilmember Smith asked
about the garage addition to Sessing Property under 1 OD. Thar•item will also l4iirider Closed Session as
well.
M/S/P, Johnsor
2. MINUTE1c
M/S/P, DeLapp
VOTE: 5:0 PA;
3. PUBLIC I
A. PUBLIC IN,
in the meeting to Item 12A.
:ommunity Playfield because of the
luality. She also has legislative
2. Larry Moody asked about the potential joint park. Why not increase the tax base
building houses on that land? Why not improve Tablyn Park? He asked about light
pollution, noise, and traffic concerns.
B. PUBLIC INFORMATIONAL
3. Introduction of Chris Georgacas, Metropolitan Council Member
by
Mr. Georgacas extended regards of Chairman Bell. He said he hopes for a more conciliatory relationship
between the City and the Metropolitan Council in the future. He expressed his regrets for past disputes
and the past relationship. He is glad to say Metropolitan Council has reviewed our submission for
completeness and it is complete. The Comprehensive Plan will be reviewed over the next sixty days.
Councilmember DeLapp said he had hopes for a discussion tonight. Some cities have been exempted
from the Systems Statement. He would like to know how ten property owners can outvote 8,000
Lake Elmo City Council Meeting Minutes of February 7, 2006 3
DRAFT
residents.
Mr. Georgacas said he has heard from residents and councilmembers and he thinks it would be
constructive to hold a workshop between City Council and City and Metropolitan Council staff to clarify
and correct old facts and misconceptions as well as to discuss ongoing concerns.
Mayor Johnston said first we should get through the Comprehensive Plan approval, and then he thinks
that an excellent idea.
Councilmember Conlin asked how Mr. Georgacas sees his role. Mr. Georgacas said he sees his role as a
communications link between the County and the Metropolitan Council. He sees his role as an advocate
for District 12 but also has a broad vision of the region. He pledged to work hard to insure concerns of
the City are addressed and offered his commitment to the best effort possible in that regard.
Councilmember Smith said Mass Transit was mentioned at a talk given by r. Georgacas at Boutweir s
Landing. As a representative of our district she said she would like to s im represent the wishes of his
constituents.
Mr. Georgacas said he is a supporter of transit services and a skeptic of commut`g ail and light rail. He
believes it is more cost-effective to think about bus rapid t�a sit and r Tonally i tified centers. He said
that Park and Ride community issues should be closely heeded T e' ity has a history of opposition to it.
He said he thinks that can be accommodated by the Met Council
M/S/P, DeLapp/Smith to enter discussions in a full v, orkshra forum�w th Metropolitan Council staff,
sooner than. later.
Councilmember Conlin would favor rt a long as'City cil and staff have clear objectives and the
meeting is conducted in an organize(krianne�Councilm ;Xnber DeLapp agreed.
VOTE: 5:0 PASSED \
Administrator Rafferty sul Bested that h and 1r. Georgacas could work on objectives and bring back
dates to facilitate the new lelationshim
Planner Dillerud asked why MetropQn Council would not agree to stipulate on the System Statement.
Our System Statement has features riiconsistent with the MOU. The City had suggested a stipulation to
close the issue. Mr. Georgacas said he was ignorant of that fact and will find an answer tomorrow.
4. Reschedule March 7th City Council Meeting
M/S/P, to reschedule the March 7, 2006 City Council Meeting to Monday, March 6, 2006 due to precinct
caucuses.
Councilmember Smith said she cannot attend that meeting. Councilmember DeLapp cannot make either
of the dates. VOTE: 4:1 Nay -Smith.
5. Volunteer/Employee Recognition Dinner
M/S/P, Johnson/Conlin, to announce the Employee and Volunteer Recognition Dinner at Tartan Park
Clubhouse on Friday March 10, 2006.
Lake Elmo City Council Meeting Minutes of February 7, 2006
DRAFT
Councilmember Conlin said it is only possible through the generosity of the Lake Elmo Jaycees. VOTE:
5:0.
4. CONSENT AGENDA
Resolution No. 2006-010: Approving Claims
M/S/P, Johnson/Conlin to adopt Resolution No. 2006-010 approving claims. VOTE: 5:0 PASSED.
Resolution No. 2006-011: Partial Payment #4 for Water System Interconnect -Phase 1- $10,427.20
M/S/P, Johnson/Conlin to adopt Resolution No. 2006-011 approving claims. VOTE: 5:0 PASSED.
(1) Resolution No. 2006-012: Partial Payment #2 for Water System Interconnect -Phase III-$82,522.66
M/S/P, Johnson/Conlin to adopt Resolution No. 2006-012 approving Partial Payment 42 for Water
System Interconnect Phase III in the amount of $82,522.66, VOTE: 5:0 PASSED.
(2) Resolution No. 2006-013: Partial Payment #3 for Water System zconnect-Phase III-$] 0,709.71
M/S/P, Johnson/Conlin to adopt Resolution No. 2006-013 approving! artial Payment #3 for Water
System Interconnect Phase III in the amount of $10,709.71. VQ*T 5.0 PAS ED.
Resolution No. 2006-014: Partial Payment #1 for the WE
M/S/P, Johnson/Conlin to Adopt Resolution No. 2006-01
Tower in the amount of $46,312.50. VOTE: 5:0 PASSEL
Parks Commission Appointments
M/S/P, Johnson/Conlin to reappoint
appoint Rolf Larson as Full Voting 1
2609, and to appoint Judith Blackfor
VOTE: 5:0 PASSED.
5. FINANCE
646,312.50-
Partial Payment #1 for the Water
on the Parks Commission and'to '
mrnission with terms expiring on February 6,
of the Parks Commission.
Watters for reapplying.
M/S/P, DeLapp/Conlin (adopt Resolution No. 2006-015 authorizing issuance and awarding the sale and
providing the payment of $4 ,000 for 3110. Equipment Certificate of Indebtedness for'the purchase of
the pumper tanker fire truck. ,
Mr. Donna said this is a ten year bond with a fixed rate of 3.88%
6. NEW BUSINESS
Moved: 9A. Shoreland Overlay Variance — 4473 Olson Lake Trail (Flanagan) Resolution No. 2006-017
The Planner introduced the substantial renovation of an existing home. The Planning Commission
reviewed it and recommended the applicant revise their plans. The applicant returned with the revised
plan converting a sunroom into an open air porch and removing two decks. The Commission recognized
that there is no additionally further encroachment in the lake.
Mayor Johnston said we have a need for an overlay district in the Tri-Lakes and in the Old Village to
reduce variances.
Lake Elmo City Council Meeting Minutes of February 7, 2006
DRAFT
Councilmember DeLapp said he agrees but one of the issues on lakes is for protection. Everyone will be
well aware of this building because it will sit so high. Part of the approval is the applicant should meet
the new building and site requirements of the VBWD for buffers and tree plantings in order to reduce its
impact on the lake.
The Planner said we are mandated to have a Shoreland Ordinance by state statute and their may be little
than can be done in the Tri-Lakes area due to those rules.
M/S/P, Johnston/Conlin to adopt Resolution 2006-017 approving a variance to Shoreland OHW Setback
at 4473 Olson Lake Trail per plans staff dated February 3, 2006, and per the recommendation and
findings of the Planning Commission.
Councilmember DeLapp asked for an Amendment to the Motion that the applicant develop their land
between building and waters edge in concurrence with state rules and VBWD recommendations
particularly with regard to buffers. MOTION TO AMEND WITHDRAWN.
Councilmember Johnson asked if we can require these conditions
city can attach reasonable conditions to approval of a variance rec
Mr. Flanagan, the applicant, said there are huge trees and
house is one of the few on the lake that is screened so wei
VOTE: 5:0 PASSED.
The Planner said if the City had landscaping
Standards to Council Workshop.
MOVED 11. CITY ADMINISTRATOR'S
A. Proposed Joint Park with O
x
The Administrator explains 'I
26 acre site being donated y 3M
representatives would nice' bf di
Mayor Johnston said the idea r
public. Parking, safety, lights,
The City Attorney said the
and the lake. His
easy to enforce. Add Landscaping
)posed joint park with Oakdale for youth playfnelds on a
proposal currently sits at the point where the cities'
and issues worked out before bringing it before the
, and other issues must first be addressed.
Councilmember Conlin said she is opposed to the park. If we authorize the Letter of Understanding to
explore a Joint Powers Agreement that is a step into a process and an investment of time and money that
is hard to abandon after six months or so of study. The document before the Council is complex. There
will be a groundswell of opposition by the public. We should do the conceptual work on whether this is
the right location for this sort of park.
Councilmember DeLapp said we should be allowed to reduce our RECs and population and asked where
the water is going to come from due to the pollution. Surface water runoff will go right into Raleigh
Creek from heavily fertilized playfields where it will ultimately end up in the St. Croix River. Is the
whole park going to be fully developed? Lighting is a concern, especially for youth. Will there be shelter
there? Restrooms? What kind of buildings, maintenance equipment, speakers, what will the limits be?
Lake Elmo City Council Meeting Minutes of February 7, 2006 6
DRAFT
Councilmember Johnson said the concerns are valid. The Parks and Planning Commissions unanimously
supported moving forward with the process. The concerns cannot be brought forth without some sort of a
task force. We need to gather the data before we can bring it back to the public.
Councilmember Smith said we need to look into it knowing we might say no.
Councilmember Conlin said she does not disagree but thinks it should be internal to Lake Elmo.
Councilmember Johnson said there is already too much information in the Letter of Understanding. Take
out the implementation portions and explore a joint facility. Recommendation would be to edit and revise
this Agreement because we are asking already for 50/50 split.
M/S/P, Johnson/Johnston to move this item to Council Workshop and direct staff to create a new Task
Force Agreement to make it more of a work plan and develop more of what the role of the task force will
be and less of an Agreement.
The Administrator said he would rather not put in any more d
not want to invest more time to change the document without
direction from the Workshop.
Councilmember DeLapp said we should hold several workshop;
she would like to see some discussion up front about whether pJ
have spent months planning in this City. She askeda are re,
�`,
meets our vision for the City. Councilmember Son hk
in the long run. and what we must sacrifice in order t url t y
Larry Moody said his property directly,ahu
contamination. He asked if this is eohui to
B. Comment Letter on Lake Ehno Pa
Councilmember Johnson.... d the
Councilmember DeLapp asked
the Planner for inclusion of the
the first draft. He does
•lc being done and
first. Councilmember Conlin said
a park in this area makes sense. We
inking it through and whether it
led discussions on the overall costs
park. Light, noise, runoff into the creek, water
mo or Oakdale or 3M.
at 6:00 p.m.
Advisory Committee for their assistance.
amendments to a letter to the County. He will submit them to
NUS/A, Johnston/Conlin to approve the letter as written and authorize the administrator to sign it.
Councilmember Smith would like to know how they measure the percentage. Councilmember Conlin
would like to have the formula for the calculations,
M/S/A, Conlin/DeLapp to Amend the Motion to strengthen the letter with regard to measuring
percentages with regard to the definition of a Park Reserve and authorize the administrator to sign it.
VOTE: 5:0 PASSED.
M/S/P, Johnson/Conlin to Amend the Motion to add the changes from Councilmember DeLapp with the
exception of the first recommendation in the fourth paragraph, first sentence. VOTE: 5:0 PASSED.
Lake Elmo City Council Meeting Minutes of February 7, 2006 7
DRAFT
Susan Dunn said a 50 foot swath was used for calculations.
VOTE: 5:0 PASSED.
NEW C. Meeting Minutes
Workshop Minutes were discussed.
M/S/P, Smith/DeLapp to postpone consideration of all the minutes until the first full meeting in March
2006. VOTE: 3:2 Nay -Conlin and Johnson, Conlin -There are at least two sets of Minutes that could have
been dispensed with tonight. Councilmember Johnson said we asked staff to get minutes turned around
quickly so Council should take care of them expeditiously also.
7. MAINTENANCE/PARK/FIRE/BUILDING
A. Maintenance Dept. - MAC Recommendation on Gen Set (generator)
Superintendent Bouthilet explained that the retrofit has a firm bid of now only $2,900.00 for the
retrofitting.
M/S/P, Smith/Johnson to authorize the purchase of a Gen Set Generator from 7' ity of North St. Paul at
a cost of $12,900 plus tax based on the recommendation of the Maintance AdV ory Commission and
because there is a line item in the CIP for it. VOTE: 5:0 PASSED07
B. Fire Dept. -Update on Activities
Chief Malmquist recognized firefighter
academy in Pittsburgh, purchase of son
calls hazardous, good intent 21, false 21
Councilmember DeLapp asked if
said it is not a vehicle issue but a
At 9:05 p.m., the Mayor
8. CITY ENGINEER
M/S/P, Smith/Conlin to adopt R
Interconnect and authorize bids.
fort of recognition dinner, fire
call responses, 222 rescues, 18
was 7j 900 for last year.
riate for most of our medical calls. The Chief
need an ambulance.
five minutes and reconvened at 9:11 p.m.
No. 2006-016 to approve plans for the Phase IV Water System
5:0 PASSED.
B. Verbal Report on Comprehensive Plan
The Planner said a letter from Metropolitan Council staff was received and he distributed it to Council at
the meeting.
C. Credit Union and Prairie Ridge Office Park
Councilmember DeLapp said the Eagle Point building is a bright spot, fully lit. The material on the
building is different from what was approved, with concrete block up to four feet, and the roofing
material. Council allowed them asphalt shingles, they were required to use brick, and they were to be a
private office building- now it is a bank.
Lake Elmo City Council Meeting Minutes of February 7, 2006
DRAFT
Councilmember Smith said the shingles should be checked and verified. The Planner said the direction
was for shingles of commercial grade to match the grade used at Prairie Ridge. The Planner said the City
always knew it was supposed to be a bank. He will look into the other matters. Mayor Johnston said if
we go through the format of approving and reviewing we should follow through with enforcement. The
Planner will be sure the Building Department is checking the aesthetics as well as the building code
requirements. The Mayor asked Councilmember DeLapp to provide the Building Department with as
specific a list as possible. The shingles and the block must meet what was approved by the City.
MOVED 9.D. County Planning Commission Vacancy
Mayor Johnston said he spoke with Bill Pulkrabek with regard to a vacancy on the Planning Commission
at Washington County and the Mayor recommended Kathy Sedro
M/S/P, Johnston/Johnson to direct staff to draft a Resolution
the Washington County Planning Commission. VOTE: 5:0.
MOVED 9. Second Alternate Planning Commissioner
M/S/P, Johnston/Smith to appoint Nicole Park to the Second
fill the seat held by Laurie McGinnis during her Leave of Ab
is being used.
NEW 9.E. Councilmembers Contacting City Attorney
Councilmember Johnson said it is her understanding-* t c
individually as long as they notify the City Administ`R61'
suggested the Councilmember report it at the Councfliec
Councilmember.Smith said she called thetCC
The Mayor said unless our policy is
a line item on the bill. The
the telephone. The meetin€
the Councilmember bought
12.CITY COUNCIL REI
A. Mayor Johnston said he
quarterly fireman's relief.
Kathy Sedro for vacancy on
to posits\ . Planning Commission to
VOTE: k� ;.Nay-DeLapp thinks she
can contact contract staff
ig so. The Administrator
tt.be changed: Councilmember DeLapp suggested
of bill the City for those short conversations on
over lunch, there was no billing for that either, and
Relations meeting where Bush. Fire Appreciation, and
B. Council Member Conlin attended the Fire Appreciation Dinner and it was very nice and well
orchestrated affair.
C. Council Member DeLapp said we needed an orchestrated publicity campaign for Mr. Georgacas'
appearance today and he said the audience size indicated this was not done. Mayor Johnston said he
contacted the newspapers. Councilmember Johnson said it was in the newsletter.
D. Council Member Johnson did not attend the dinner. She again thanked Teddi Carlson, Bob
Schumacher, and Sue Dunn who served on the LEPR Technical Advisory Committee.
E. Council Member Smith said Lakewood Evangelical Free Church will be changing their name to
Rockpoint Church.
Lake Elmo City Council Meeting Minutes of February 7, 2006
DRAFT
The Mayor announced calendar events: Board of Review May3, Employee and Volunteer Recognition
Dinner on March 10, and Clean-up Day will be held June 3.
Following the meeting the Council will meet in CLOSED SESSION with regard to J.P. Bush Homes v.
City of Lake Elmo and other legal issues. The City Attorney's Report, Item 13, will be on that Agenda
instead of this one. The Meeting Adjourned at 9:44 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
o
\.
Lake Elmo City Council Meeting Minutes of February 7, 2006
10
qA
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-018
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 310, 311, DD638 through DD651,
28670 through 28703, were used for Staff Payroll dated February 16`h, 2006; claims
28704 through 28754, in the total amount of $94,493.63 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 2 1 " day of February, 2006.
Dean A. Johnston
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
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"WrOEVAUrius
2006 BILLING SUMMARY
MONTH
11135
Administration
11140
Criminal Pros
11145
Public Im . Prof
11150
Communit Dev
11155
Civil Litigation
11161
Auto Forfeiture
TOTAL
Jan
$2,381.27
$3,516.24
$363.Ob
$1,821.52
$135.00
$8,217.03
Feb
$0.00
March
April
$0.00
May
$0.00
June
$0.00
July
$0.00
Aug
$0.00
Sept
$0.00
Oct
$0.00
Nov
Dec
$0.00
Totals
$2,381.27
$3,616.24
$0.00
$363.00,
$1,821.52
$135.00
$8,217.03
2/14/2006
�. E . Suite 300 � P , (651)291-8955
50 Fifth Street East �I— h T ,{ � BE G'p R fl 7� 7 Federal
Tax
ID # 3 facsimile
St, Paul, MN 55101,1197 lwl l� 1�� v Federal Tax ID 1k4 L0991098
e o e
CITY OF LAKE ELMO
3B00 Laverne Avenue North
Lake Elmo MN 55042
FEES
11135-000008 Comp. Plan Update 2000-2020
630.50
11135-040010 VACATION OF 55TH STREET
143.00
11135-920001 Administration
1,573.00
2,346.50
ACCOUNT NO
EXPENSES ADVANCES
Page: 1
01/31/2006
11135M
BALANCE
18.40 0.00 $648.90
10.59 0.00 $153.59
3.78 0.00 $1,576.78
34.77 0.00 $2,381.27
THIS STATEMENT HS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 _P 1, l�L07.1 ,t �t 'n (651) 291.8955
50 Fifth Street East Fl y 1 BEl \G (651 j 228-1753 facsimile
St. Paul, MN 55101-1 197 '1 - Federal Tax ID N41.099I098
I'llf ® ® f
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
FEES EXPENSES
11140-030001 Misc Prosecutions
3,242.50 8,24
11140-040271 Osborn, Ryan Matthew
DAS, possess drug parapharnelia,
no proof of insurance,
5.00
11140-050196 Harrington, Sarah A. C.
DAS, fail to stop at stop sign
5.00
11140-050209 Salzman, Sandra Ann
careless driving
10.00
11140-050210 Ramirez, Angel Torrejon
DAS, no insurance
5.00
11140-050251 Ryder, Steven Roger
3rd degree DUI, 3rd degree .08
5.00
11140-050271 Gleason, Jean Louise
pass on shoulder
22.50
11140-050274 MCAninch, Andrea J.
2nd degree DUI
76.50
1 11
51wers
am
111roul
1 11
am
1 /1
Page: 1
01/31/2006
ACCOUNT NO. 11140M
ADVANCES BALANCE
0.00 $3,250.74
0.00 $5.00
0.00 $5.00
39.00 $49.00
0.00 $5.00
0.00 $5.00
0.00 $22,50
0.00 $76.50
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL RE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 PETERSON,�
50 Fifth Street East g'R T A d ]�ET�G ,f T 7i 7
St. Paul, MN 55101.1197 1H 1�1(L1lll �i1 JKJ HLJ1Y`I\.A�1\V/IlL! 1111\VI
CITY OF LAKE ELMO
(651)291-8955
(651) 228.1753 facsimile
Federal Tax ID #41.0991098
Page: 2
01/31/2006
ACCOUNT NO. 11140M
FEES.
EXPENSES
ADVANCES
BALANCE
11140-050285
Portz, Shawn Michael
3rd degree DUI
10.00
0.00
0.00
$10.00
11140-050292
Talsness, Cheri Beth
fail to yield
5.00
0.00
0.00
$5.00
11140-060001
Matson, Suzanne Mary
3rd degree DUI, 3rd degree
DUI .08 or more
10.00
0.00
0.00
$10.00
11140-060003
Janero, Eric William
inattentive driving
_
5.00
0.00
0.00
$5.00
11140-060007
Lopez, Alonso G. P.
no Minnesota DL
5.00
0.00
0.00
$5.00
11140-060021
Wylie, Jason
speed 71/55
10.00
0.00
0.00
$10.0.0
11140-060025
Leech, Jason Oliver
3rd degree DUI, 3rd degree
test refusal
52.50
0.00
0.00
$52.50
3,469.00
8.24
39.00
$3,516.24
THIS STATEMENT 13 DUE AND PAYABLE TO THE END OF THE MONTH. -
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH MLL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY, OF STATEMENT WITH PAYMENT.
Suite 300 St. FieStreet East
St, Paul, MN 55101.1197 MLFBERGMAN
tl A
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
ACCOUNT NO
FEES EXPENSES ADVANCES
(651) 291.8955
(651) 228.1753 facsimile
Federal Tax ID #41-0991098
Page: 1
01/31/2006
11150M
F-F-W E[
11150-050006 DISCOVERY CROSSING OF DEVELOPMENT
99.00 0.00 0.00 $99.00
11150-050007 LAKE ELMO DEVELOPMENT CORPORATION - OP
264.00 0.00 0.00 $264.00
363.00 0.00 0.00 $363.00
THIS STATEMENT 19 DUE AND PAYABLE, TO THE ENO OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTWS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 Fifth Street East
St. Paul, MN 55101.1197
.0, :�.•t��,& 1£0;'N`A l.,'A S�� C I A;Ti;q;Na
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
FEES EXPENSES
4
ACCOUNT NO
111557040002 ZIERTMAN/SESSING PROPERTY
229.50 0.21
11155-060001 MFC PROPERTIES, ET AL V. CITY OF LAKE ELMO
- 918.00 83.78
11155-060002 J.P. BUSH HOMES V. CITY OF LAKE ELMO'
586.50 3.53
1,734.00 87.52
ADVANCES
0.00
0.00
0.00
0.00
(651) 291.8955
(65I) 22&1753 facsimile
Federal Tax ID #41-0991098
Page: 1
01/31/2006
11155M
BALANCE
$229.71
$1,001.78
$590.03
$1,821.52
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WELL BE CREDITED TO THE NEXT MONT➢FS STATEMENT,
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT
Suite 300
50 Fifth Street East
St. Paul, MN 55101.1197
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
Pi r%4 N
l � 1
FEES
11161-050006 Remmen, Howard Lester
vehicle forfeiture
54.00
11161-060001 McAninich, Andrea
vehicle forfeiture
81.00
135.00
ACCOUNT NO
EXPENSES ADVANCES
(651) 291-8955
(651) 228-1753 facsimile
Federal Tax ID 941-0991098
Page: 1
01/31/2006
11161M
BALANCE
0.00
0.00
$54.00
0.,00
0.00
$81.00
0.00
0.00
$135.00
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE CORKY OF STATEMENT WITH PAYMENT.
Lake Elmo
Agenda Section: CONSENT
No . 4B
City Council
02-21-2006
Agenda Item: Municipal Fees for Calendar Year 2006
Background Information for February 21, 2006:
Attached, please find ordinance no. 97-165 adoption of the 2006 fee schedule. The Fee schedule represents a charge
for services and is based on the City's time & expenditures for providing the services. The previous fee schedule was
adopted by ordinance 97-145 on February 01, 2005 and amended in May 05. The revisions to the proposed fees for
the most part are basically inflation type increases.
Action Items: 1) Adopt Ordinance No. 97-165 setting the
Person responsible:
Municipal Fees for Calendar Year 2006
Tom Bouthilet
Attachments:
1. Ordinance No. 97-165
2. 2005 Amended Fee Schedule
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO.97-165
AN ORDINANCE SETTING MUNICIPAL FEES FOR CALENDAR YEAR 2006
The Lake Elmo City Council hereby adopts the following fee schedule for
calendar year 2006 and directs that it be added to the Lake Elmo Municipal Code as
Appendix A.
Appendix A - 2006 Fee Schedule
ADOPTION DATE: Passed by the Lake Elmo City Council on the 21st day of February,
2006.
CITY OF LAKE ELMO
an
ATTEST
Dean Johnston
Its: Mayor
Martin Rafferty
Its: City Administrator
EFFECTIVE DATE: This Ordinance shall be effective the day of January, 2006.
PUBLICATION DATE: Published on the day of 2006.
F:\users\Janice\Jerry\LE-Ord\2005 Fees Ordinance.doc
Appendix A
2006 Fee Schedule 02/21/06
Develo men Service,
Pee
Escrow or Additional Charge
Building, Etc.
Amateur Radio Antenna
$825.00
Appeal (to Board of Adjustment and Appeals)
$50.00
Assessment Search
$20.00
Building Demolition
First 1000 Square Feet
$100.00
- - .50 surcharge
Each Additional 1000 sq feet or pardon thereof
$10.00
.50 surcharge
Burning Permits
Residential
$35.00
Commercial
$70.00
Comprehensive Plan Amendment
$1,250.00
Conditional Use Permit (CUP)
<new or amended>
$975.00
CONTRACTOR LICENSE FEES
Blacktopping
$60.00
Excavator License
$60.00
Heading and A/C
$60.00
Sin Installer
$50.00
Solid Waste Hauler
$110.00
Tree Contract
$60.00
COPY SERVICES
Copies
$0.25
City Ma - colored
$3.00
Code Book
$150.00 -
Sections 1, 2, 4, 6-12, 14
$10.00
Section 3
$50.00
Section 5 and 13
$25.00
Com xehmsive Plan
$100.00
OP Ordinance
$10.00
Parrs Plan
$75.00
Culverts in Developments with Rural Section
$100.00
Dog License
$15.00
Unlicensed do first impound)
$50.00
Licensed do first impound)
$25.00
Cat Impound first impound)
$25.00
Subsequent dog/cat impound
$75.00
Duplicate License or Tag
$1.00
Driveway
Residential
$50.00
.50 surcharge
Commercial
$150.00
.50 surcharge
Excavating and Grading
$100.00
Erosion Control Bond, Escrow, or Letter of
Credit: 1500.00 per acre.
False Alarm
1 to 3 False alarms
No Charge
In excess of 3 up to and including 6 false alarms
alarms within a twelve 12 month period
Residential
$100.00
Commercial
$300.00
In excess of six false alarms within a twelve
72 monde period
Rcskkmial
$175.00
Commercial
$500.00
Flood Plain Management Permit
$750.00
1500.00 escrow
Fuel Tank Removal (Underground)
$50.00
.50 surcharge
Heating
New Residential
$125.00
.50 surcharge
Addition to Residential
$50.00
.50 surcharge
Commercial (New or Addition)
Minimum 150.00 or one percent of total cost
of heating project
.50 surcharge
Lawn Sprinklers
$110.00
.50 surcharge
Appendix A
Development, Service,
Fee
Escrow or Additional Charge
Building, Etc,
Liquor
Club On -Sale Intoxicating
$100.00 per year
Off -Sale Intoxicating
$200.00 per year
Off -Sale Non -Intoxicating
$150.00 per yew
On -Sale Intoxicating
$1500.00 per year
On -Sale Investi ration
$350.00
On -Sale Non -Intoxicating-
$100.00 per year
On -Sale Sunday Intoxicating
$200.00 per year
Temporary Non -Intoxicating
$25.00 per event
Wine
$300.00 per year
Lot Line Adjustment
$260.00
Manufactured Home Parks
New
$1,000.00
2500.00 Escrow
Move home out of City
$50.00
.50 surcharge
Move into City
$100.00
- .50 surcharge
Minor Subdivision
$950.00
Moving House or Primary Structure into City
$500.00
Plus bond with amount to be determined by City
w/recommendedon Rom Building Offidal
New Construction Plan Review
Per 1997 UBC (65% of building permit fee)
Per Statute
Park Dedication (up to 3lots)
$3500.00 for each newly created lot
Pow or more lots per Section 400 Formula
Parking Lots
New Commercial
$150.00
.50 surcharge
Existing Commercial
$75.00
.50 surcharge
Platting
Concept UD or OP
$1,185.00
Prelirnina Plat and Development Stage)
$1,750.00
Final Plat (and Final Plan)
$11185.00
in
PIus2.5% Admistrative Fee
Development Areement
Plumbing
New Residential
$125.00
.50 surcharge
Addition to Residential
$50.00
.50 surcharge
Commercial(New or Addition
Minimum $150.00 or 10/o of total job cost
.50 surcharge
Private Roads (permitted only in AG zone)
$100.00
.50 surcharge
Restrictive Soils and Wetland Restoration
Protection and Preservation Permit
$750.00
1500.00 escrow
Right -of -Way Permits
Annual Re 'stration 1415.05 Subd.i
$50.00
Excavation 1415.11 Subd. 1
$200.00
Each Additional Excavation
$30.00
Trench Fee(boring or open cut
.50 per foot
Overhead Installation Fee
.50 per foot
New Subdivisions Alternate to per foot fee)
50.00 per lot per utility
Street Obstmction Fee (1415.11 (Sub 2.)
$50.00
Permit Extension
$50.00
Delay Penshy
10.00 per day
Sewage Disposal
On -Site Septic Systems
New
$100.00
.50 surcharge
Alterations or Repairs
$100.00
.50 surcharge
Sewer Availability Charge (SAC)
$4,500.00
1550.00 Met. Council; 2950.00 to City
Sewer
$2.50 per 40M gello.
Wetland Treatment
Hookup to Existing System
$75.00
.50 Surcharge
Alteration/Repair
$50.00
.50 surcharge
201 Off -Site Maintenance Fee
55.00 per unit per quarter
Signs (not requiring CUP)
$100.00
Site Plan Review (Chapter 520)
$950.00
Appendix A
Development, Service,
Fee
Escrow or Additional Charge
Building, Etc.
Street Cleaning Erosion Control
Escrow
1,000.00 Escrow
Re -inspection
$30.00 per hour
Portal to Portal from City Hall. Minimum: 1
hour
Processing Fee
10% of Contractor's Invoice to City
Surface Water
Residential
$25.00
Non -Residential commercial, ag, etc.
Per Code
Telecommunications Tower
$825.00
2,000.00 Escrow
Tennis Courts
Per 1997 UBC
Plus surcharge
Vacations (Streets or Easements)
Easements
$500.00
$500.00 Escrow
Streets
$500.00
$500.00 Escrow
Variance
$725.00
Video Reproduction
$30.00.
Water
Residential — Quarterly Rate
$22.50 Base plus 1.75 per 1,000 gallons
Commercial
$22.50 Base plus 2.60 per 1000 gallons
All Connection Permits
$125.00
Meters, MIU & Meter Installation Sets
$275.00
Fire S rinldcr System ra eair. Fee)
$50.00
Delinquent Accounts
6%per quarter
Plus 25.00 or 8%, whichever is greater, if certlficd to
County for collection with taxes
Disconnect Service
$75.00
Reconnect Service
$75.00
Water StorageViolation
$10.00 per day
Bulk Water from Hydrant
$50.00 far first 5,000 got.
$2.60 per 4000 gallons over 5,000 gallons
Swimming Pool Fill
$40.00 + $50.00 for first 5,000 gallons
$2.60 per 4000 gallons over 5,000 gallons
Water Availability Charge (WAC)
Existing Structures within Old Village
$800.00
New Development
$3,500.00
Zoning Amendment ( Text or Map)
$1,05.00
Appendix A
2005 Amended Fee Schedule Revised Muy.05
Development, Service,
Fee
Escrow or Additional Charge
Building, Etc.
Amateur Radio Antenna
$825.00
Appeal (to Board of Adjustment and Appeals)
$50.00
Assessment Search -
$20.00
Building Demolition
First 1000 Square Feet
$100.00
.50 surcharge
Each Additional 1000 sq feet or portion thereof
$10.00
.50 surcharge
Burning Permits
Residential
$35.00
Commercial
$70.00
Comprehensive Plan Amendment
$1,200.00
Conditional Use Permit (CUP)
<new or amended>
$950.00
CONTRACTOR LICENSE FEES
filacktopping
$50.00
Excavator License
$50.00
Heating and A/C
$50.00
Sign Installer
$50.00
Solid Waste Hauler
$100.00
Tree Contract
$50.00
COPY SERVICES
Copies
$1.00
City Ma - colored
$3.00
Code Book -
$150.00
Sections 1, 2 4, 6-12,14
$10.00
Section 3
$50.00
Section 5 and 13
$25.00
Comprehensive Plau
$100.00
OF Ordinance
$10.00
Pula Plan
$75.00
Culverts in Developments with Rural Section
$100.00
Dog License
$10.00
Unlicensed do first impound)
$50.00
Licensed do First impound)
$25.00
Cat Impound first impound)
$25.00
Subsequent dog/cat impound
$25.00
-
Duplicate License or Ta r
$1.00
Driveway
Residential
$50.00
.50 surcharge
Commercial
$150.00
.50 surcharge
Excavating and Grading
$100.00
Erosion Control Bond, Escrow, or Letter of
Credit: 1500.00 per acre.
False Alarm
1 to 3 False alarms
No Charge
In excess of 3 up to and including 6 false alarms
alarms within a twelve 12 month period
Residential
$100.00
Commercial
$300.00
In excess of six false alarms within a twelve
12 month period
Residential
$175.00
Commercial
$500.00
Flood Plain Management Permit
$750.00
1500.00 escrow
Fuel Tank Removal (Underground)
$50.00
.50 surcharge
Heating
New Residential
$125.00
.50 surcharge
Addition to Residendal
$50.00
.50 surcharge
Commercial (New or Addition)
Minimum 150.00 or one percent of total cost
of heatingproject
•50 surcharge
Lawn Sprinklers
$110.00
.50 surcharge
Appendix A
Develo ment Service
Fee
Escrow of Additional Charge
Building, Etc,
Liquor
Club On -Sale Intoxicating
$100.00 per year
Off-SOO Intoxicating
$200.00 per year
Off -Sale Non-broxicatting
$150.00 per year
On -Sale Intoxicating
$1500.00 per year
On -Sale Investigation
$350.00
On -Sale Non-latoxionfing
$100.00 per year
On -Sale Sunday Intoxicating
$200.00 per year
Temporary Non-latoxicatting
$25.00 per event
Wine
$300.00 per year
Lot Line Adjustment
$250.00
Manufactured Home Parks
New
$1,000.00
2500.00 Escrow
Move home out of City
$50.00
.50 surcharge
Move into City
$100.00
.50 surcharge
Minor Subdivision
$925.00
Moving House or Primary Structure into City
$500.00
Plus bond with amount to be determined by City
w/recvmmenda0on from Building Ofliuivl
New Construction Plan Review
Per 1997 UBC (65% of building permit fee)
Per Statute
Park Dedication (up to 3 lots)
$3000.00 for each newly created lot
Parking Lots
New Commercial
$150.00
.50 surcharge
Existing Commercial
$75.00
.50 surcharge
Platting
Concept UD or OP
$1,150.00
Preliminary Plat and Development Stage)
$1,700.00
Final Plat (and Final Plan)
$1,150.00
AM
- Development Agreement
Plumbing
New Residential
$125.00
.50 surcharge
Addition to Residential
$50.00
.50 surcharge
Commercial(New or Addition
Minimum $150.00 or 1% of total job cost
.50 surcharge
Private Roads (permitted only in AG zone)
$100.00
.50 surcharge
Restrictive Soda and Wetland Restoration
Protection and Preservation Permit
$750.00
1500.00 escrow
Right -of -Way Permits
Annual Re pstration 1415.05 Subd.1
$50.00
Excavation 1415.11 Subd. 1
$200.00
Each Additional Excavation
$30.00
Trench Fee(boring or open cut
.50 per foot
Overhead Installation Fee
.50 per foot
New Subdivisions Alternate to per foot fee
50.00 per lot per utility
Street Obstruction Fee (1415.11 Sub 2,)
$50.00
Permit Extension
$50.00
Delay Penalty
10.00 per day
Sewage Disposal
On -Site Septic Systems
New
$100.00
.50 surcharge
Alterations or Repairs
$100.00
.50 surcharge
Sewer Availability Charge (SAC) (Metro System)
$4,500.00
1450.00 Met. Council, 3050.00 to City
Sewer
$2.50 per, 1,000 gallons
Wetland Treatment
Hoolurp to Existing System
$75.00
.50 surcharge
Altetatinn/Re air
$50.00
.50 surcharge
201 Off -Site Maintenance Fee
50.00 per twit per quarter
Signs (not requiring CUP)
$100.00
Site Plan Review (Chapter 520)
$925.00
Appendix A
Development, Service,
Fee
Escrow or Additional Charge
Building, Etc.
Street Cleaning Erosion Control
Escrow
- 1,000.00 Escrow
Re-uispection
$30.D0 per hour
Portal to Portal from City Hall. Minimum: 1
hour
Processing Fee -
10%of Contractor's Invoice to City
Surface Water
'
Residential
$25.00
Non -Residential commercial, ag., etc.
Per Code
Telecommunications Tower
$825.00 .
2,000.00 Escrow
Tennis Courts
Per 1997 UBC
Plus surcharge
Vacations (Streets or Easements)
Easements
$100.00
$500.00 Escrow
Streets
$500.00
$500.00 Escrow
Variance
$700.00
Video Reproduction
$25.00
Water
Residential— Quarter, Rate
$22.00 Base plus 1.75 per 1,000 gallons
Commercial
$22.00 Base plus 2.60 per 1000 gallons
All Connection Permits
$125.00
Meters, MIU & Meter Installation Sets
$275.00
Fire S rinlder S stem (Inspection Fee,)
$50.00
Delinquent Accounts
6%per quarter
Plus 25.00 or nwhichever is greater, if ceeti0ed to
County for collection with taxes
Disconnect Service
$75.00
Reconnect Service
$75.00
Water Storage Violation
$10.00 per day
Bulk Water from Hydrant
$50.00 for rust 5,000 gallons
$2.60 per 1,000 gallons over 5,000 gallons
Swimming Pool Fill
$40.00 + $50.00 for fire[ 5,000 gallon.
$2.60 per 1,000 gallons over 5,000 gallon.
Water Availability Charge (WAC)
Existing Structures within Old Village
$800.00
New Development
$3,500.00
Zoning Amendment ( Text or Map)
$1,150.00
Summary Building Report
January MUG
Year to a e
Permits
3 Permits
Issued
Valuation
Issued
Valuation
New Residential 1
$589,759.00
New Residential 1
$589,759.00
New Commercial 1
$1,027,000.00
New Commercial 1
$1,027,000.00
Other Residential 19
$184,959.00
Other Residential 19
$184,959.00
Other Commercial 4
$136,404.00
Other Commercial 4
$136,404.00
Total 25
$1,938,122.00
Total 25
$1,938,122.00
Total Building Fees Collected
$27,801.72
Total Building Fees Collected
$27,801.72
Summary Plumbing Report
Summary Plumbing Report
Plumbing 4
$36,900.00
Plumbing 4
$36,900.00
Total Plumbing Fees Collected
$377.00
Total Plumbing Fees Collected
$377.00
Summary HVAC Report
Summary HVAC Report
HVAC 8
$67,775.00
HVAC 8
$67,775.00
Total HVAC Fees Collected
$787.75
Total HVAC Fees Collected
$787.75
Summary Grand Total Fees
$28,966.47
Summary Grand Total Fees
$28,966.47
Surcharge Fee Paid to State
$957.06
Surcharge Fee Paid to State
$957.06
SAC Fees Paid to Met Council
SAC Fees Paid to Met Council
$0.00
WAC Fees Paid to Oakdale
WAC Fees Paid to Oakdale
$0.00
Misc. Expenses
Misc. Expenses
$0.00
Total Fees Retained
$28,009.41
Total Fees Retained
$28,009.41
Credit Fees to Bldg
$20,609.41
Credit Fees to Bldg
$20,609.41
Credit Fees to Water
$7,400.00
Credit Fees to Water
$7,400.00
Credit Fees to Sewer
$0.00
Credit Fees to Sewer
$0.00
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
February 16, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Authorization to Prepare Feasibility Report
Tablyn Park Overlay
City of Lake Elmo, Minnesota
TKDA Project No. 13524.000
Dear Mayor and City Council;
The streets within the Tablyn Park neighborhood have been the top project in the Capitol
Improvements Plan for at least two years. It is in our budget again for this year.
1500 Piper Jaffray Plaza
444 Cedar Street
Saint Paul, MN 55101.2140
(651)292-4400
(651)292-0083 Fax
www.tkda.com
Obviously with the watermain project occurring there this summer, this is the opportune time to
complete this project. We would anticipate performing this work in conjunction with the street
project to minimize disruption to the neighborhood.
City Council Action Requested
Approve the Resolution authorizing the preparation of a Feasibility Report for Tablyn Park
Overlay Project.
Sincerely;
Thomas D. Prew
City Engineer
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
CITY OF LAKE ELMO
WASHINGTON COUNTY; MINNESOTA
RESOLUTION NO. 2006-019
A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY
REPORT FOR THE TABLYN PARK NEIGHBORHOOD
OVERLAY PROJECT
WHEREAS, it is proposed to overlay the Tablyn Park
neighborhood and to assess the benefited property for all or a portion of the
cost of the improvement, pursuant to Minnesota Statutes, Chapter 429.
NOW THEREFORE, BE IT RESOLVED BY THE LAKE
ELMO CITY COUNCIL, WASHINGTON COUNTY, MINNESOTA:
That the proposed improvement identified as Tablyn Park
Overlay Project as described in the City Engineer's memo dated February
16, 2006,. be referred to the City Engineer for study and that he is instructed
to report to the,Council with all convenient speed advising the Councildn a
preliminary way asto whether the proposed improvement is necessary, cost-
effective, and feasible and as to whether it should be made as proposed or in
connection with some other improvement, and the estimated cost of the
improvement as recommended.
ADOPTED by the Lake Elmo City Council this 21 st day of
February, 2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty,
City Administrator
CITY OF LAKE ELMO, MINNESOTA
SUPPLEMENTAL AUTHORIZATION NO. I
TO: Toltz, King, Duvall, Anderson
and Associates, Incorporated
444 Cedar Street, Suite 1500
St. Paul, Minnesota 55101-2140
Pursuant to our Agreement dated February 2, 1988, and supplemental to the Authorization for the
Project submitted September 27, 2005, TKDA is hereby authorized to proceed with the following
additional professional services.
TABLYN PARK/LAKE ELMO HEIGHTS
WATERMAIN EXTENSION PROJECT
I. Add the following to SECTION I of the Authorization:
The Project scope shall be expanded to include the overlay of streets within the Tablyn
Park neighborhood.
II. Under SECTION II of the Authorization, add the following new Article C:
C. STREET OVERLAY
1. Prepare a Feasibility Report for the overlaying of the streets within the
Tablyn Park neighborhood.
2. Incorporate overlay plans with the plans for the Watermain Project.
3. Perform soil borings for the design.
4. Construction administration and inspection of these improvements.
III. Add the following to SECTION V of the Authorization:
The Feasibility Report for the Street Overlay will be completed by March 2006. The
schedule for the plan preparation and construction phases shall be included in the
Feasibility Report. Plans for the Street Overlay will be included with the Watermain
Project plans. Construction activity for the Street Overlay will be included with the
Watermain Project.
SAl-1
rV. Delete the first paragraph of SECTION VI of the Authorization and replace with the
following:
Compensation to TKDA for services provided under SECTION 11 of this Authorization .
shall be on an Hourly Rate basis as defined in the General Agreement, in an amount
estimated to be $365,600. This reflects compensation of $30,000 for this Supplemental
Authorization No. 1 added to the original authorized amount of $335,600.
Approved By 2006.
City Administrator
Consultant Acceptance by 2006.
Authorized TKDA Representative
SAl-2
TT7DA
ENGINEERS • ARCHITECTS • PLANNERS
February 16, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: New State Aid Route
TH 36 to 50th Street North
City of Lake Elmo, Minnesota
TKDA Project No. 13593.000
Dear Mayor and City Council;
1500 Piper Jaff ray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651)292-4400
(651)292-0083 fax
www.tkda.com
According to State Aid rules, each City may designate up to 20% of its local streets mileage as
collector route that are eligible for State Aid funds. In order for the City to maximize its share of
State Aid construction funds, we need to designate as many route as possible. Currently we have
2.3 miles available to designate.
The staff recommends that a route be established from the intersection of TH 36 and Manning
Avenue, through the Sanctuary subdivision, south to 50th Street. This route will be about 1.2
miles in length. About half of this route is through undeveloped property and will be defined
once the property is developed.
When completed, this route will allow for increased fire and police protection to the Sanctuary
subdivision, and other properties in that area.
City Council Action Requested
Approve the Resolution establishing a State Aid Route.
Sincerely
Thomas D. Prew
City Engineer
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006 — 20
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of Lake Elmo that the street
hereinafter described should be designated Municipal State Aid Street under the
provision of Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Lake Elmo that the road described as follows, to -wit:
Manning Avenue from TH 36 to 501h Street North
be, and hereby is established, located, and designated a Municipal State Aid Street of said
City, subject to the approval of the Commissioner of Transportation of the State of
Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed.to forward two certified copies of this resolution to the.Commissioner of.
Transportation for his consideration, and that upon his approval of the designation of said,
road or portion thereof, that same be constructed, improved and maintained as a
Municipal State Aid Street of the City of Lake Elmo.
ADOPTED, by the Lake Elmo City Council on the 21 st day of February, 2006. :
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
v
TKDA
ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaff ray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
February 16, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Authorization to Prepare Feasibility Report
Manning Avenue at TH 36
City of Lake Elmo, Minnesota
TKDA Project No. 13593.000
Dear Mayor and City Council;
(651) 292-4400
(651) 292-0083 Fax
www.tkda.com
With the approval of the Sanctuary subdivision last fall, the intersection of TH 36 and Manning
Avenue will need upgrading. Although it is possible to simply pave the gravel section of
Mani -ling Avenue between Sanctuary and TH 36, the staff does not feel this is in the best long
terin interests of the City.
Given that Washington County will be upgrading and widening the north leg of that intersection
in 2007, we feel that aligning our leg of the intersection with those future improvements will
allow our residents to use this intersection safely and efficiently.
The Feasibility Report will discuss lane geometry options, costs, financing, and schedule.
City Council Action Requested
Approve the Resolution authorizing the preparation of a Feasibility Report for Maiming Avenue
from TH 36 to the Sanctuary subdivision.
Sincerely
Thomas D. Prew
City Engineer
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
1�7.Y�l,��Y���7\��C��►SI 1 iff17►.I1
A RESOLUTION ORDERING THE PREPARATION OF A
FEASIBILITY REPORT FOR MANNING AVENUE FROM TH36
TO THE SANCTUARY SUBDIVISION
WHEREAS, it is proposed to reconstruct Manning Avenue
from TH36 to The Sanctuary Subdivision and to assess the benefited
property for all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, Chapter 429.
NOW, THEREFORE, BE IT RESOLVED BY THE LAKE
ELMO CITY COUNCIL, WASHINGTON COUNTY, MINNESOTA:
That the proposed improvement identified as Manning Avenue
from TH36 to The Sanctuary Subdivision Project, as described in the City
Engineer's memo dated February 16, 2006, be referred to the City Engineer
for study and that he is instructed to report to the Council with all convenient
speed advising the Council in a preliminary way as to whether the proposed
improvement is necessary, cost-effective, and feasible and as to whether it
should be made as proposed or in connection with some other improvement,
and the estimated cost of the improvement as recommended.
ADOPTED by the Lake Elmo City Council this 21 st day of
February, 2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty,
City Administrator
Lake Elmo
Agenda Section: Planning, band Use and Zoning
No. 9A
City Council
February 21,
2006
A ends Item: Amended Development Agreement — Sanctuary of Lake Elmo
Background Information for February 21, 2006:
The Final Plat and Development Agreement for the Sanctuary project was originally approved by the City
Council on December 6, 2005. Since that action, an issue regarding the design of the Manning/Highway 36
intersection has been raised by both MnDOT and Washington County that could result in a much more
elaborate and costly improvement that first assumed. The City Engineer has estimated the cost if those
improvements to be $150,000. The Council will be requested to approve preparation by the City Engineer
of a Feasibility Study regarding the improvements in coming weeks. That work will address the scale of
work, the cost of work, staging, and financial options. A decision by the City as to whether to construct
those improvements — or the standard City street section — will be based on that Feasibility Study.
The City Attorney has prepared a new Paragraph 4.12 for the Sanctuary Development Agreement that
establishes an escrow requirement for the developer for what we now assume to be 50% of the enhanced
street section costs should the City decide to proceed with that enhanced street section in 2006 as a City
project. The northerly 700 feet (approximately) of Manning as it approaches Highway 36 will continue
with the simple one lift asphalt mat that the developer has already installed until that decision is rendered by
the City Council.
Since this enhanced Manning improvement would be a City project if it proceeds, the City Attorney has
advised that the new Paragraph 4.12 must be approved in an amendment Contract by the City Council. We
have also updated all of the improvement costs, security requirements, and Administrative Fee to reflect the
developers actual improvement costs for that work already completed. A slightly higher Administrative Fee
to the City, but a slightly lower Engineering Inspection Fee (based on actual TKDA invoices to the City)
results. There have been no other modifications of consequence to the Agreement from the version
approved on December 6.
Person responsible:
Action items: Oaf
re
Motion to adopt Resolution #2006 — approving an amended
C.ty
i`
Development Agreement for the Sanctuary of Lake Elmo.
Attachments: O�-:;)
Time Allocated:
1. Draft Resolution #2006 — Approving Amended
Development Agreement
2. Amended Development Agreement
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-022
A RESOLUTION APPROVING THE
AMENDED DEVELOPMENT AGREEMENT
OF SANCTUARY OF LAKE ELMO
WHEREAS, on the 30a' day of November, 2005, the Lake Elmo Development
Company, ("Applicant") submitted a completed application requesting that the City of
Lake Elmo approve an Open Space Preservation Development Final Plat and
Development Agreement to be known as SANCTUARY OF LAKE ELMO.
WHEREAS, on the 6"' day of December, 2005, the Lake Elmo City Council
approved the Open Space Preservation Development Final Plat and Development
Agreement under Resolution No. 2005-138.
WHEREAS, an amended design to the intersection of Highway 36 and Manning
Avenue may result in a more elaborate improvement than originally planned and the
Development Agreement should be amended to reflect the estimated costs of those
improvements.
WHEREAS, the City Attorney has prepared a new paragraph numbered 4.12,
reflecting amended costs for road improvements thereby amending the Development
Agreement for SANCTUARY OF LAKE ELMO.
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council
hereby:
Approves the Amended Development Agreement for SANCTUARY OF LAKE ELMO
as illustrated within the Staff Report dated February 21, 2006, with the following
conditions:
1. Compliance with recommendations of City Engineer.
2. Compliance with recommendations of Valley Branch Watershed District
that the City Engineer finds to be practical and reasonable.
ADOPTED, by the Lake Elmo City Council on the 21s` day of February, 2006.
Dean Johnston, .Mayor
ATTEST:
Martin Rafferty, City Administrator
(Draft - Feb 17, 2006)
DEVELOPMENT AGREEMENT
CITY OF LAKE ELMO
Sanctuary of Lake Elmo
1.00 Parties. This Agreement is dated the _ day of 2006, and is
entered into by and between City of Lake Elmo, a Minnesota municipal
corporation (herein "City"); and The Sanctuary, LLC, a Minnesota limited
liability company (herein "Developer").
2.00 Property Description. The Developer represents that it is the record fee owner
of property described on Exhibit A, attached and incorporated herein, which
will be platted as Sanctuary of Lake Elmo.
3.00 Final Plat Approval. On the 6th day of December, 2005, the City Council
approved the final plat of Sanctuary of Lake Elmo, which is attached and
incorporated as Exhibit B . The City's approval was conditioned upon the
Developer entering into this Development Contract.
4.00 Terms and Conditions. NOW, THEREFORE, in reliance upon the representations
contained herein; in compliance with the City's Zoning and Subdivision
Regulations; and in consideration of the mutual undertakings herein expressed,
the parties agree as follows:
4.01 Developer Improvements. The Developer shall construct the following
improvements in compliance with approved plans and specifications
which are attached and incorporated herein as Exhibit C and such
improvements shall be completed by the date specified unless the City
Planner gives written approval for an extension: ` .
A. Site Grading and Turf Restoration. Site grading improvements
shall include common excavation, subgrade correction,
embankment and pond excavation. Turf restoration shalt include
seeding, mulching and erosion control:
1. Site Grading Improvements shall be completed on or before
the 30th day of June, 2006.
2. Turf restoration improvements shall be completed on or
before the 30th day of September, 2006.
B. Landscaping. Developer shall complete alFlandscaping
improvements on or before the 30th day of September, 2007.
C. Storm Sewer. Storm sewer improvements include all necessary
storm sewers, catch basins, culverts, and other apparatus. Storm
sewer. improvements shall be completed by the 315t day of July,
2006.
D. Street Improvements. Street improvements include subgrade
preparation, gravel base, bituminous surfacing, bituminous curb
and concrete curbs, where required.
1. Unusable material within the roadway shall be removed by
the Developer.
2. All subgrade excavation and filling shall be completed by
the Developer in accordance with MNDOT's specifications.
The City reserves the right to test as necessary, at the
Developer's expense, all grading work. A test roll of the
street subgrade shall be passed prior to acceptance of the
subgrade by the City.
3. Subgrade and the initial course of street improvements
shall be completed by the day of August 31, 2006. The
final wear course of the street shall be completed by the
30th day of September, 2007.
E. Waste Water Treatment System/Drain Field. The waste water
treatment system/drain field shall be comprised of a series of
pipes, septic tanks, treatment ponds, drain fields and
appurtenances, and shall be completed prior to the issuance of
any certificates of occupancy.
F. Street Signs. The City will order and install street signs. The
Developer shall pay for all costs incurred by the City.
G. Water Main. Water main improvements include pipes, hydrants
and appurtenances and shall be completed on or before the 315t
day of July, 2006. Developer is over -sizing water mains and
installing additional mains not required for the project and the
City shall reimburse Developer in the amount of $264,197 for such
over -sizing and additional mains.
H. Historic Barn Preservation/Maintenance. The Developer shall
restore the historic barn structure located on Outlot A, Sanctuary
of Lake Elmo. The historic barn improvements shall include the
inspection and reinforcement of the existing stone base and
footings; the addition to one copula; the addition of weather
vanes/lightening rods; and other architectural details as
illustrated on the Architectural Plans/Drawings; dated the 14t"
day of September, 2005 and approved by the City Engineer so as
to reflect the architectural heritage of the area and to enhance
the historic appearance of the barn structure. Said restoration
and improvements shall be in an amount of not less than
$25,000.00 as determined by the City building official.
The Developer shall convey Outlot A, Sanctuary of Lake Elmo and
the improved historic barn structure to the Sanctuary of Lake
Elmo Homeowners Association or to the owner of Lot 1, Block 1,
Sanctuary of Lake Elmo, subject to the following restrictions,
which shall be recorded as a declaration of covenants and the
restrictions:
The grantee shall be responsible for the maintenance of
the historic barn structure.
The grantee may not convert the historic barn structure for
use as a residential dwelling and shall not use the historic
barn structure for a commercial use.
3. If Outlot A is conveyed to the owner of Lot 1, Block 1,
Sanctuary of Lake Elmo, shalt thereafter only be conveyed
as part of a conveyance involving the sale of Lot 1, Block 1,
Sanctuary of Lake Elmo and both parcels shalt be combined
for tax purposes.
4. Historic barn improvements shall be completed on or
before the 315t day of October, 2006.
4.02 Estimated Cost of Developer Secured Improvements. The estimated
costs of Developer constructed improvements are as follows:
Improvement
Estimated Cost
Site Grading/Turf Restoration
Browns Creek Watershed
Historic Barn Structure
$
25,000
Landscaping
$
110,000
Storm Sewer
$
285,209
Street Improvements
$
488,950
Waste Water Treatment System/Drain Fields
$
775,000
Sanitary Sewer Laterals
$
132,468
Street Signs
$
1,000
Water Mains 510 339
Subtotal $2,327,966
Total Security Required (125% of Improvements): $2,909,957
4.03 Improvement Security. Prior to the City's.endorsement of approval on
the final plat, the Developer shall deposit security with the City
Administrator in an amount equal to 125% of the City Engineer's estimate
of the cost of constructing the Developer secured improvements which
have not been completed and accepted by the City prior to final plat
approval. The security may be in the form of a cash escrow fund, a
performance bond, or a letter.of credit. The form of security shall be
approved by the City Attorney.
4.04 Reduction of Security. Upon completion of required improvements for
the Property and acceptance by the City, the City Council shall reduce
the amount of security for the completed improvements provided that in
no case shall the total remaining security be equal to less than 125% of
the estimated costs of the incomplete improvements.
4.05 Administrative Fees. Developer agrees to pay an administrative fee to
the City in an amount equal to 2.5% of the Developer's secured
improvements. The administrative fee for this project equals $58,199.
4.06 Utility Company Improvements. The utility improvements include
underground gas, electric, and telephone service as installed by the
appropriate utility company at the direction of the Developer. The
Developer shall arrange for the installation of underground gas, electric,
telephone and cable television before the final lift is started. Utility
improvements shall be completed by the 30th day of September, 2006.
4.07 Recording, Requirements. Prior to the conveyance of any of the lots in
Sanctuary, and except as hereinafter provided, prior to the issuance of
any development permits, the Developer shall provide the City with
evidence that the following.documents have been recorded.
A. Plat.
B. A Declaration of Covenants in a form approved by the City's
Attorney. The Declaration of Covenants shall include the
following provisions:
1. Require the Homeowner Association to be responsible for
the Owner's obligations as contained in the appropriate
Conservation or Open Space Easements.
M
2. Require the Homeowner Association to maintain and
operate the wastewater treatment system/drain field.
Provide that, in the event of a failure by the Homeowner
Association to satisfy the obligations defined in Section
4.07B and its subdivisions of this Development Agreement,
as determined by the City's Consulting Engineer, the City
may undertake such obligations and assess all costs
incurred to the Homeowner Association; and in such event,
the Developer for itself and for the Homeowner Association
hereby waives the requirements otherwise imposed by MS
429.
4. Provide that any provisions in the Covenants relating to the
obligations defined in Section 4.07B and its subdivisions of
this Development Agreement may not be repealed or
amended without consent of the City.
C. Homeowner Association Articles of Incorporation.
D. A Conservation Easement(s) from the land owner to the City and
the Minnesota Land Trust, attached and incorporated as herein
Exhibit D and Exhibit E, and covering Outlots B, C, E, F and N,
Sanctuary.
E. The public trailway easement attached and incorporated herein as
Exhibit F.
F. The public trail/driveway/utility easement over the South 30 feet
of Outlot B, Sanctuary of Lake Elmo.
4.08 Public Use Dedication. The Developer's public use dedication
requirement for Sanctuary of Lake Elmo is $392,000.00 and shall consist
of the following:
A. a payment in the amount of $215,238;
B. the dedication or conveyance of the public trail easement;
C. the construction of the public trailway per plans approved by the
City Engineer at a cost to the Developer of $31,072 (this
mathematical formula: 11,270 lineal feet minus 8,680 lineal feet
equals 2,590 lineal feet times $8.80 per lineal foot).
D. conveyance of fee title to the City for Outlot D (credit $128,000);
and
E. grading and seeding of Outlot D per plans approved by the City
Superintendent of Public Works and the City Engineer (credit
$17,690).
4.09 Inspection. The City shall provide the services of a Resident Project
Representative (and assistants as agreed) at the site to provide more
continuous observation of the Contractor(s) work. The Resident Project
Representative's dealings in matters pertaining to the on -site work shall
in general, be only with The City and the Developer, and dealings with
contractors shall only be through or with full knowledge of
the Developer. Through the observations of the work in progress and
field checks of materials and equipment by the Resident Project
Representative shall endeavor to provide further protection for the City
against defects and deficiencies in the work of the Contractor; but the
furnishing of such resident Project representation will not make City
responsible for construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or for the Contractor's
failure to perform his work in accordance with the Contract Documents.
The developer shall pay the City the sum of $45,000.00 for the City
inspection services.
The City shall be provided a minimum of 24 hours notice prior to the
commencement of underground pipe laying; and prior to subgrade,
gravel base, and bituminous surface construction. Developer's failure to
comply with the terms of this section shall permit the City Engineer to
issue a stop work order which may result in rejection of the work and
which shall obligate the Developer to take all reasonable steps, as
directed by the City's Engineer, to insure that the improvements are
constructed and inspected pursuant to the terms of this Agreement; and
shalt further result in the assessment of a penalty in an amount equal to
1%, per occurrence, of the amount of security required in Section 4.03 of
this Agreement.
4.10 Prior Land Occupancy. No Certificate of Occupancy shall be issued for
any homes until the first course of a public street is completed and
approved by the City Engineer. If homes are occupied prior to
completion of street improvements and acceptance by the City,
Developer shall provide all maintenance necessary for such streets
including snowplowing, until final acceptance by the City.
4.11 Future Lots. Outlots G, H, I, J, K, L and M, Sanctuary may be utilized as
future single family residential home sites upon approval of appropriate
changes to the City's Comprehensive Plan and zoning ordinance. In the
11
interim,,the Developer shall be responsible for maintenance of such
Outlots.
4.12 Manning Avenue Improvements. As part of the development of The
Sanctuary of Lake Elmo, the Developer anticipated marking certain
improvements to that portion of Manning Avenue that extends southerly
from State Trunk Highway 36 to the entrance of The Sanctuary of Lake
Elmo (the "Manning Avenue Improvement'). The proposed Manning
Avenue Improvement was. designed to comply with City standards for
local streets and was to be constructed by the Developer but may need
to be designed to meet Minnesota Department of Transportation
standards for State Aid Roads, in which event, the Manning Avenue
Improvement will be constructed by the City and the cost of the Manning
Avenue Improvement will increase. Pending approval of final design
standards and prior to the issuance of any building permits for
residential dwellings in The Sanctuary of Lake Elmo, the Developer
agrees to escrow $75,000.00 with the City for its share of the Manning
Avenue Improvement. The escrow shall be placed in a restricted
account. The initial deposit and any interest accrued thereon may only
be used by the City to reimburse itself for up to 50 percent of the costs
incurred by the City for the Manning Avenue Improvement. If the City
constructs the Manning Avenue Improvement to the Minnesota
Department of Transportation standards, it will not specialty assess any
of the property in The Sanctuary of Lake Elmo for such improvement but
wilt rely solely on the proceeds in the escrow account and any interest
accrued thereon which shalt be used in full satisfaction of the
Developer's obligations for the Manning Avenue Improvement. If 50
percent of the cost of a Manning Avenue Improvement constructed by
the City is less than $75,000.00 and any interest accruing thereon, the
City shall remit the difference to the Developer.
4.13 Binding Effect. The terms and provisions of this agreement shall be
binding upon and inure to the benefit of the heirs, representatives,
successors and assigns of the parties hereto and shall be binding upon all
future owners of all or any part of the Property. This Agreement, at the
option of the City, shall be placed of record so as to give notice thereto
to any subsequent purchasers and encumbrancers of all or any part of
the Property and all. recording fees, if any, shall be paid by the
Developer.
4.14 Notices. Whenever in this Agreement notice is required to be given by
one party to the other, such notice shall be delivered personally or shall
be sent by certified mail, return receipt requested to the following
addressees. Such notice shall be deemed timely given when delivered
personally or when deposited in the mail in accordance with this section.
7
If to the City:
Mr. Martin Rafferty, City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
If to the Developer:
The Sanctuary, LLC
12415 55th Street North
Lake Elmo, MN 55042
4.15 Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shalt be and hereby are made a part of this
Agreement by reference as if fully set out herein.
4.16 Default. The occurrence of any of the following shall be considered an
"event of default" in the terms and conditions contained in this
Agreement:
A. Failure of the Developer to comply with any of the terms and
conditions contained in this Agreement.
B. The failure of the Developer to comply with any applicable
ordinance or statute with respect to the development of the
Property.
4.17 Remedies. Upon the occurrence of any event of default, the City, in
addition to any other remedy which may be available to it, shall be
permitted to do any of the following:
A. City may make advances or take other steps to cure the default,
and, where necessary, enter the Property for that purpose. The .
Developer shall pay all sums so advanced or expenses incurred by
the City, upon demand, with interest from the dates of such
advances or expenses at the rate of 10% per annum. No action
taken by the City pursuant to this section shalt be deemed to
relieve the Developer from curing any such default to the extent
that it is not cured by the City or from any other default
hereunder.. The City shall not be obligated, by virtue of the
existence or exercise of this right, to perform any such act or cure
any such default. The Developer shall save, indemnify, and hold
harmless, including reasonable attorney fees, the City from any
liability or other damages which may be incurred as a result of
the exercise of the City's rights pursuant to this section.
B. Obtain an Order from a Court of competent jurisdiction requiring
the Developer to specifically perform its obligations pursuant to
the terms and provisions of this Agreement.
C. Exercise any other remedies which may be available to it
including an action for damages.
D. Withhold the issuance of any or all building permits and/or
prohibit the occupancy of all building(s) for which permits have
been issued.
E. In addition to the remedies and amounts payable as set forth
herein, upon the occurrence of an event of default, the Developer
shall pay to the City all fees and expenses, including reasonable
attorney, engineering and consulting fees, incurred by the City as
a result of the event of default, whether or not a lawsuit or other
action is formally taken.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to
be executed as of the date and year first above written.
ATTEST:
Martin Rafferty, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF )
rarwas] I►1Nzo4��►,n
Dean Johnston, Mayor
On this _ day of , 2006, before me, a notary public within
and for said county, personally appeared Dean Johnston and Martin Rafferty, to me
known to be respectively the Mayor and City Administrator of the City of Lake Elmo,
and they executed the foregoing instrument and acknowledged that they executed
the same by authority of and on behalf of City of Lake Elmo.
Notary Public
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9B
City Council
February 21,
2006
Agenda Item: Letter of Credit Escrow Reduction — Sanctuary of Lake Elmo
Background Information for February 21, 2006:
The developers have completed all of the underground pipe work on the subject project — inspected by the
City, but completed entirely at the developer's risk. They now are requesting a reduction of Development
Agreement security to reflect the value of the completed work. The City Engineer has certified a new
development security requirement of $1,538,750 as 125% of the work remaining by the developer. The
grading and erosion control inspection and security is handled separately (and very effectively) by the
Browns Creek Watershed District. The City Engineer's February 17, 2006 Memo in this regard is attached.
Action items:
Person re onsible:
yo
Motion to approve reduction of the required development security
for the Sanctuary of Lake Elmo to $1,538,750, as recommended
by the City Engineer to reflect the value of improvements
completed to date.
Attachments:
Time Allocated:
1. City Engineer's Memo of February 17, 2006
TKDA
ENGINEERS - ARCHITECTS•PLANNERS
MEMORANDUM
To:
Chuck Dillerud Reference:
Copies To:
Todd Erickson, P. E.
Project No.
From:
Thomas D. Prew, P.E. Routing:
Date:
February 17, 2006
1500 Piper Jeffrey Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651)292-4400
(651) 292.0083 Fax
www.tkda.com
Escrow Reduction #1
Sanctuary
City of Lake Elmo, Minnesota
13267,000
The developer has completed much of the pipe work and has placed the initial paving on one section of the
road. A temporary paved surface was placed on Manning as well. The drainfield has not yet been started.
Brown's Creek Watershed District holds the letter of credit on the grading portion of this project.
I would recommend that escrow be reduced to the amounts listed below:
Item
Original Amount
Work Remaining
Site Grading/ Turf Establishment
$0.00
$0.00
Storm Sewer
$285,209.00
$20,000.00
Sanitary Sewer
$132,468.00
$10,000.00
Drainfield
$775,000.00
$775,000.00
Watermain
$510,339.00
$15,000.00
Streets
$488,948.00
$300,000.00
Street Signs
$1,000.00
$1,000.00
Landscaping
$110,000.00
$110,000.00
Subtotal $2,302,964.00 $1,231,000.00
125% Security $2,878,705.00 $1,538,750.00
An Employee Owned Company Promoting Affirmative Action and Equal Opporturrhy