HomeMy WebLinkAboutJuly 5, 2006 CCPMayor: Lake Elmo City Council
Dean Johnston Council members: 3800 Laverne Avenue No.
Rita Conlin Wednesday, Lake Elmo, MN 55042
Steve DeLapp .7 777-5510 777-9615 (fax)
nne tnSmith 9
Anne JULY 5 2006
Anth
(The regular scheduled Council meeting would
have fallen on Julv 4th)
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:
June 20, 2006
3. PUBLIC INQUIRIES/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
B. Public Inquiries
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. 2006-062: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. Union Pacific Pipeline Crossing
agenda.
Agreement
5. FINANCE:
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
8. CITY ENGINEER'S REPORT:
Tom Prew
A. PUBLIC HEARING: 2006 Overlays,
Order Plans and Specifications - Resolution No.
2006-063
B. PUBLIC HE, 2006 MSA
Resurfacing, Order Plans and Specifications -
Resolution No. 2006-064
Lake Elmo City Council Agenda
July 5, 2006
Nap, 9
C. Easement for Northern Watermain:
verbal update
D. Approve Plans for Eagle Point Blvd.;
Resolution No. 2006-065 Approve Plans
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Zoning Ordinance Text Interpretation -
Accessory Buildings in AG
B. Hidden Meadows 2"d Addition Final
Plat and Development Agreement; Resolution
No. 2006-066
C. HOA 2nd Addition Final Plat and
Development Agreement; Resolution No. 2006-
067
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
M. Rafferty
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
13. CLOSED MEETING: Le al U date
July 11, 6 p.m. City Council Workshop
15t draft
CITY OF LAKE ELMO
CITY COUNCIL MEETING
JUNE 20, 2006
L AGENDA
2. MINUTES: March 21, 2006, May 2, 2006
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES: None
B. PUBLIC INFORMATIONAL:
(1) John Binkowski, Ind. Candidate
4. CONSENT AGENDA:
A. Resolution No. 2006-052: Approving Claims
B. Monthly Operating Report
C. Authorization for Professional Services 2006 Overlays: Jamaca Court, Irvine
Circle, Isle Avenue, Irvine Court, and Ivy Court
D. Authorization for Professional Services 2006 MSA Repaving: 45th Street,
Julep Avenue, and 47th Street
E. Change Order Conduit Relocating for Water Tower
F. Resolution No. 2006-053: Partial Payment for Water System Interconnect
Phase I — Riley Brothers Construction
G. Resolution No. 2006-054: Partial Payment for Water System Interconnect
Phase II — Riley Brothers Construction
H. City Logo (removed for discussion)
5. FINANCE: None
6. NEW BUSINESS: None
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Dept.: Jim McNamara
8. CITY ENGINEER'S REPORT:
A. 2006 Overlays Feasibility Report: Resolution No. 2006-055 (changed to 8C)
B. 2006 MSA Repaving Feasibility Report: Resolution No. 2006-056 (changed
to 8D)
C. Approve Plans for Northern Water Main: Resolution No. 2006-057 (changed
to 8E)
D. Public Hearing: Excavating & Grading Permit —Krueger, 4452 Lake Elmo Ave
(changed to 8A)
E. Public Hearing: Excavating & Grading Permit Kaufhold, 9999 1 Oth St.
(changed to 8B)
F. Hurt Septic System (Consolidated 11 A and 8F)
9. PLANNING, LAND USE & ZONING:
A. Village Area Planning Team — Subsequent Phase Work Plan
B. Zoning Variance — Hamerly, 9249 Jane Road N.: Resolution 2006-058
C. Preliminary Plat of HOA 2nd Addition: Resolution No. 2006-060; Site Plan
Review — Rasmussen College: Resolution No. 2006-059
D. CDBG — Cimarron Gas Service Project: Resolution No. 2006-061
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
1s' draft
E. Zoning Text Amendments —Architectural Performance Standards in BP, LB,
PF, GB: Ordinance No. 97—172-175
10. CITY ATTORNEY'S REPORT:
A. Northern Watermain Easement Acquisition Update: verbal (added to 8E)
11. CITY ADMINISTRATOR'S REPORT:
A. Austad, Pierre, Hurt — Septic Systems: verbal (see 8F)
B. Report on HOA Training Seminar: verbal
C. City of Minneapolis — Letter of Appreciation (addition)
D. PFC Meetings (addition)
12: CITY COUNCIL REPORTS:
A. Mayor Johnston — Lake Elmo Compensation Plan, Performance Review
Procedure
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
13. CLOSED SESSION: Legal Update
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
2
1st draft
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
Chambers. COUNCIL MEMBERS PRESENT: Johnson, Smith, DeLapp (arrived at
8:20 p.m.) and Conlin (arrived at 8:32 p.m.). STAFF PRESENT: Administrator
Rafferty, City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew, City
Attorney Filla, Building Official McNamara, and Recording Secretary Freeman.
Pledge of Allegiance
1. AGENDA:
Remove 4H (Logo) from Consent and change to discussion;
Additions: 12D (Groundwater Report), 8F (Hurt Septic System);
Consolidate Items l0A and 8C, 1 IA and 8F;
Move Items 8D and 8E before 8A, 8B and 8C.
M/S/P Smith/Johnson —to approve the amended June 20, 2006, City Council Agenda.
(Motion passed 3-0)
2. MINUTES:
M/S/P Johnson/Smith — to approve the May 16, 2006, City Council Minutes, as
presented. (Motion passed 3-0)
M/S/P Smith/Johnson — to approve the amended June 6, 2006, City Council Minutes.
(Motion passed 3-0)
3. PUBLIC INOUIRIESANFORMATIONAL:
A. Public Informational: None
B. Public Inquiries:
Independent Governor Candidate John Binkowski — did not appear
4. CONSENT AGENDA:
A. Resolution No. 2006-052: Approving Claims:
M/S/P Johnson/Smith — to adopt Resolution No. 2006-052 approving Claim Numbers
330, 331, DD763 through DD785, 29210 through 29230, were used for Staff Payroll
dated June 8, 2006; claims 29231 through 29275, in the total amount of $94,333.15.
(Motion passed 3-0)
B. Monthly Operating Report:
M/S/P Johnson/Smith — to accept the May 2006 Monthly Operating Report.
(Motion passed 3-0)
C. Authorization_ for Professional Services 2006 Overlays: Jamaca Court, Irvine
Circle, Isle Avenue, Irvine Court, and ivy Court:
M/S/P Johnson/Smith — to authorize TKDA to proceed with the bidding phase for the
2006 Overlays Project - Jamaca Court, Irvine Circle, Isle Avenue, Irvine Court, and Ivy
Court. (Motion passed 3-0)
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
18' draft
l"
M/S/P Johnson/Smith — to authorize TKDA to proceed with the bidding phase for the
2006 MSA Repaving of 45`h Street, Julep Avenue, and 47a' Street. (Motion passed 3-0)
E. Change Order Conduit Relocation for Water Tower:
City Engineer Prew recommends the conduits relocation between the tower and Public
Works building. The revised route saves money by reducing the cost of running conduit
inside of the building.
M/S/P Johnson/Smith — to authorize Change Order No. 1 R, Elevated Storage Tank No. 2,
verified by the City Engineer in his Memo dated June 15, 2006. (Motion passed 3-0)
F. Partial Payment for Water System Interconnect Phase I — Riley Brothers
Construction: Resolution No. 2006-053:
City Engineer Prew recommended Partial Payment for Water Systems Interconnect
Phase I to Riley Brothers Construction. Residents Neil and Debbie Krueger submitted
their concerns about the process, and work not being done.
Staff stated that the City has been in contact about the delay, letters have been sent, and
Travelers Insurance (bonding company) was put on notice. Riley Construction has hired
extra crew, and it would be another three weeks before completion.
M/S/P Johnson/Smith — to adopt Resolution No. 2006-053, authorizing partial payment
for Water System Interconnect Phase I to Riley Brothers Construction, Certificate No. 5,
in the amount of $14,187,00. (Motion passed 3-0)
G. Partial Payment for Water System Interconnect Phase III — Riley Brothers
Construction: Resolution No. 2006-054:
M/S/P Johnson/Smith — to adopt Resolution No. 2006-054, authorizing partial payment
for Water System Interconnect Phase III to Riley Brothers Construction, Certificate No.
4, in the amount of $222,561.78. (Motion passed 3-0)
G. City Logo: (removed for discussion)
The current City of Lake Elmo logo is approximately 25 years old. At the May 9, 2006,
Council Workshop, new signage was discussed for the new water tower and Public
Works building. City Administrator Rafferty requested Council direction to move
forward with a new City Logo/design.
Council discussed approaching the logo issue a different way, and did not believe a new
logo was needed.
M/S/F Johnson/Smith — to approve updating the City Logo, Step One, with Wright
Design, for an estimated cost of $1800.00. (Motion Failed 1-2: Smith -not cost $4,300.00
and approach it a different way; Johnston -does not believe the City needs a logo)
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
11
18' draft
5. FINANCE:
Finance Director submitted a Tentative 2007 Budget Calendar for Council. It will be
discussed at a future Council meeting.
6. NEW BUSINESS: None
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Dent.: Jim McNamara
Building Official McNamara informed the Council that carbon monoxide detectors are
not part of the current Building Code, but will be required by State Statute in January
2007 for all new one and two family dwelling units. Currently, detectors are not required
in existing single-family residences either but will be required by August 2008. The MN
Building Code could also reflect the changes in the 2009 edition of the International
Building Code (IBC).
8. CITY ENGINEER'S REPORT:
A. 2006 Overlays Feasibility Report: Resolution No. 2006-055: (changed to
Agenda Item 8C)
The City Engineer presented the Council the Feasibility Report for 2006 Overlays — Irvin
Court, Irvin Circle Isle Avenue, Ivy Court, and Jamaca Court. He stated the original
roads dated to the mid-70's. The streets would be reclaimed and paved. Bituminous
curbs would also be replaced
M/S/P Smith/Johnson — to adopt Resolution No. 2006-055, and accept the Feasibility
Report and Ordering Plans and Specifications for 2006 Overlays - Irvin Court, Irvin
Circle Isle Avenue, Ivy Court, and Jamaca Court. (Motion passed 3-0)
B. 2006 MSA Repaving Feasibility Report: Resolution No. 2006-056: (changed
to Agenda Item 8D)
The City Engineer presented the Council the Feasibility Report for 2006 MSA Repaving
— 45th Street, Julep Avenue, and 47`h Street. Paved shoulders, versus gravel are proposed
on 45th Street and Julep Avenue. Driving lanes will be narrowed. Funds in MSA are
available for the project.
M/S/P Johnson/Smith — to adopt Resolution No. 2005-056, and accept the Feasibility
Report for 2006 MSA Repaving — 45"' Street, Julep Avenue, and 47 Street.
(Motion passed 3-0)
C. Approve Plans for Northern Water Main: Resolution No. 2006-057: (changed
to Agenda Item 8E and to include Agenda Item I OA)
City Engineer Prew recommends approval of Resolution 2006-057, approving plans and
specifications for the Northern Watermain Extensions Project and authorizing the
advertisement of bids. The Project will not be awarded until the easements have been
secured.
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
18' draft
City Attorney Filla requested that Agenda Item 10A be included in the discussion. He
informed the Council that the process of easements being acquired is currently being
negotiated and results will be brought to the July 5, 2006, Council meeting.
M/S/P Smith/Johnson — to adopt Resolution No. 2006-057, accepting plans and
specifications and authorizing the advertisement for bids, verified by the City Engineer in
his Memo dated June 15, 2006. (Motion passed 3-0)
D. PUBLIC HEARING: Excavating & Grading Permit Krueger, 4452 Lake
Elmo Avenue: (changed to Agenda Item 8A)
A grading permit has been submitted by the Neil Krueger, 4452 Lake Elmo Avenue,
which involves removing soil from a small hill near their garage and using it to level an
area near Lake Elmo Avenue. He said this would provide a larger flat area for Christmas
tree sales and better parking. The area around the west side of the tree barn will have
better drainage. The plans have been reviewed and approved by both the City and Valley
Branch Watershed District.
The Mayor opened the Public Hearing at 7:15 p.m.
Residents Neil and Debbie Krueger stated that it was too late in the season for the work
to be completed this year, and would need to finish next year. Staff advised them to
apply for the building permit now, and to keep the Building Dept. current.
City staff determined that the volume threshold for grading permits should be discussed
at the July 11, 2006, Council Workshop.
The Public Hearing was closed to Public Comment at 7:20 p.m.
M/S/P Smith/Johnson — to approve the Krueger Grading Permit in accordance with the
plans on file, and subject to a $1,500.00 escrow. This escrow would be released once the
turf is established and no erosion is evident. (Motion passed 3-0)
E. PUBLIC HEARING: Excavating & Grading Permit, Kaufhold, 9999 10t" St.:
(changed to Agenda Item 813)
A grading permit has been submitted by James Kaufhold, 9999 10a' Street, which
involves leveling material left behind from filling done by a previous owner, and
improving the drainage in other areas.
The Mayor opened the Public Hearing at 7:25 p.m.
The Public Hearing was closed to Public Comment at 7:26 p.m.
No one spoke for or against the Kaufliold Excavating & Grading permit.
LAKE ELMO CITY COUNCIL MINUTES DUNE 20, 2006
0
tst draft
M/S/P Johnson/Smith — to approve the Kaufhold Grading Permit in accordance with the
plans on file, and subject to a $1,500.00 escrow. This escrow would be released once
the turf is established and no erosion is evident. (Motion passed 3-0)
F. Septic Permit for Hurt, 5751 Hytrail Avenue North (added to Agenda
Residents Kregg and Paula Hurt requested that their Septic Permit application be
approved.
City Administrator Rafferty deferred to City Engineer Prew's Memo dated June 20, 2006,
to City Council.
City Engineer Prew stated he is not recommending the proposed plan not be approved as
it does provide a long term solution. He believes the system should be repaired to
operate as designed and approved. However, if the City chooses to allow the applicants
to proceed with the proposed design, two test pits are recommended to confirm the soil
borings and that the monitoring and mitigation plans are submitted with better detail and
more stringent reporting.
M/S/P Johnson/Johnston — to accept the City Engineer's Memo dated June 20, 2006, as
submitted and for Staff to continue processing the Permit application for the septic
system. (Motion passed 2-1: Smith, owners doing everything asked, due diligences,
support of letting them move forward)
9. PLANNING, LAND USE & ZONING:
A. Village Area Planning Team — Subsequent Phase Work Plan:
It was reported that the City Planner and Staff has met with the Village Area Planning
Team to provide guidance as to the format and content of the Team's proposal for the
Village Area, including detail planning, coordination and project (s) execution efforts.
The Planning Teams proposal to complete subsequent planning tasks was presented to the
City Council by Team Members.
M/S/P Smith/Johnson — to accept and proceed with the Planning Team's proposal for
continuing services to the City based on the June 16, 2006, draft proposal including the
budget of $158,000.00, refining deliverables and adjustments. (Motion passed 5-0)
B. Zoning Variance, Hamerly, 9249 Jane Road North: Resolution No. 2006-058:
The City Planner reported that the Planning Commission conducted a Public Hearing on
June 12, 2006, and unanimously adopted a recommendation for approval of street yard
(front) and side yard setback variances. The Commission added an additional design
modification condition to the approval recommendation that requires the applicant to
encroach no further on the south side setback than the existing garage encroaches.
M/S/P Johnson/Johnston — to adopt Resolution No. 2006-058, approving street and side
yard setback variances for construction of an attached garage, based on the Findings and
Conditions recommended by the Planning Commission, and plans staff dated June 12,
2006, as modified by the approval conditions. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
I" draft
C. Preliminary Plat of HOA 2"a Addition: Resolution No. 2006-060: Site Plan
Review — Rasmussen College: Resolution No. 2006-059:
The City Planner reported that the Planning Commission conducted a Public Hearing on
June 12, 2006, and it was unanimously recommended to approve the Preliminary Plat of
the HOA 2"d Addition, and the Section 520 Site for a 20,500 square foot Rasmussen
Business College — to be located on a 4.11 acre HOA 2"d Addition lot. United Properties
(applicant) agreed to modify the site plan to mitigate the City Code/Zoning Ordinance
non-compliance matters. Street, water and sewer will be designed by TKDA.
M/S/P Conlin/Johnson — to adopt Resolution 2006-059, approving the Preliminary Plat of
the HOA 2"d Addition based on the recommendation of the Planning Commission and
City Council per plans Staff dated June 12, 2006. (Motion passed 5-0)
M/S/P Conlin/Smith — to adopt Resolution No. 2006-060, approving Section 520 Site
Plan for Rasmussen College based on the recommendation of the Planning Commission
and Council, per plans Staff dated June 12, 2006, as modified by the conditions of
approval. (Motion passed 5-0)
Council directed Staff to bring the Street Lighting Ordinance to the July 11, 2006,
Council Workshop, and deferred the approval of street lighting of Eagle Point Circle to
the July 18, 2006, Council meeting with additional information.
D. CDBG — Cimarron Gas Service Project: Resolution 2006-061:
The City Planner reported that Staff has been advised by Washington County that it is
necessary for the City Council to make a finding that the normal competitive bidding
process has resulted in no qualified bidders and that single source contracting by staff on
this contract is therefore authorized.
M/S/P Smith/DeLapp —to adopt Resolution 2006-061, finding that no qualified bidders
have responded to the Cimarron Gas Service Project competitive bidding process and
authorizing City Staff to proceed with single source contracting for the project subject to
Washington County and HUD approval. (Motion passed 5-0)
E. Zoning Text Amendments — Performance Standards in the PF, LB, GB, and
BP Districts: Ordinance Nos. 97-172, 97-173, 97-174, and 97-175:
The City Planner reported the Planning Commission conducted a Public Hearing on
June 12, 2006, to consider minor terms amendments to architectural performance
standards of the several zoning districts that share the same standards. The City Council
had previously directed preparation of those amendments during discussion and adoption
of amended PF district standards
M/S/P DeLapp/Johnson—to adopt Ordinance No. 97-172 (PF), 97-173 (BP), 97-174
(LB), and 97-175 (GB), amending the architectural performance standards in the PF, LB,
GB, and BP zoning districts. (Motion passed 5-0)
F. RR Setbacks:
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
1't draft
The City Planner reported that the Planning Commission held a Public Hearing on June
12, 2006, regarding amendment of the RR district setback standards to correspond to the
RE district setback standards. The Commission unanimously adopted a Motion to table
the amendment pending its further consideration of the amendment concurrent with the
on -going overall zoning ordinance re -write project underway by the Commission.
M/S/P Smith/Johnston — to direct staff to place on the July 18, 2006, City Council
meeting. (Motion passed 4-1: Johnson — there is no urgency and should go along with
the Planning Commission's recommendation.)
10. CITY ATTORNEY'S REPORT:
A. Northern Watermain Easement Addition Acquisition Update: verbal moved
to Agenda Item 8E)
11. CITY ADMINISTRATOR'S REPORT:
A. Austad, Pierre, Hurt — Septic Systems: verbal (moved to Agenda Item 817)
B. HOA Training Seminar — Report: verbal
Administrator Rafferty reported that Kurt Sparks, NAWE President, presented a 2-hour
training for HOA's with Constructive Wetland Treatment Systems. I t was well attended
by the 13 HOA's in Lake Elmo. The City now has a tape of the presentation and it will
be available for residents to check out.
Mayor Johnston thanked Administrator Rafferty for organizing the quarterly HOA
meetings, dealing with various forms of waste treatment systems. The quarterly meetings
have provided the HOA members to become educated, share knowledge and develop
appropriate solutions when necessary.
C. City of Minneapolis Thank You — verbal:
Administrator Rafferty suggested the City send a thank you letter to the City of
Minneapolis for the used equipment made available to Lake Elmo. The City is cramped
for space, and the new Assistant Planner now has an office, along with some necessary
equipment.
M/S/P Johnson/Conlin — to direct Staff to send a letter of appreciation to the City of
Minneapolis for the equipment provided. (Motion passed 5-0)
D. PFC Meetings:
A PFC Task Force has been meeting monthly, and suggested another public meeting the
second week in September to update the residents on PFC's. More details and
information will be coming.
12. CITY COUNCIL BUSINESS AND REPORTS:
A. Mayor Johnston — Lake Elmo Compensation Plan, Performance Review
Procedures:
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
1s' draft
Mayor Johnston would like to consider forming a team, to include the City
Administrator, Finance Director, Mayor and a Council Member to develop proposals for
review procedures and compensation. Council Members Smith and Johnson expressed
interest. City Attorney Filla reminded Council about the Open Meeting Law, and it
applies if it's a Committee.
Mayor Johnston reminded Council of the opportunities available by becoming a member
of AMM Committees. Several Council Members and Staff are current members of the
four Committees.
Council Member Conlin: None
Council Member DeLapp: None
Council Member Johnson: None
Council Member Smith: None
REMINDER: The next Council meeting is on Wednesday, July 5, 2006 at 7:00 p.m.
13. CLOSED SESSION: Legal Update:
A. Case No. 82-C6-05-006209 — City of Lake Elmo vs. Sessing Pretrial
Mediation
Council Meeting adjourned at 9:40 p.m. for a Closed Session
Respectfully submitted by Carole Freeman, Recording Secretary
Resolution No. 2006-052: Approved Claims
Resolution No. 2006-053: Partial Payment for Water System Interconnect Phase I —
Riley Brothers Construction
Resolution No. 2006-054: Partial Payment for Water System Interconnect Phase III —
Riley Brothers Construction
Resolution No. 2006-055: 2006 Overlays Feasibility Report
Resolution No. 2006-056: 2006 MSA Repaving Feasibility Report
Resolution No, 2006-057: Approved Plans for Northern Water Main
Resolution No. 2006-058: Zoning Variance, 9429 Jane Road N (Hamerly)
Resolution No. 2006-059: Preliminary Plat of HOA 2"d Addition
Resolution No. 2006-060: Site Plan Review — Rasmussen College
Resolution No. 2006-061: CDBG — Cimarron Gas Service Project
Ordinance No. 97-172: Amendment -Architectural Performance Standards in the Public
Facilities Zoning District
Ordinance No. 97-173: Amendment -Architectural Performance Standards in the
Business Park Zoning District
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
10
Is' draft
Ordinance No. 97-174: Amendment -Architectural Performance Standards in the Limited
Business Zoning District
Ordinance No. 97-175: Amendment -Architectural Performance Standards in the General
Business Zoning District
LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2006
11
�A
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-062
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 332, 333, DD786 through DD798,
29276 through 29292, were used for Staff Payroll dated June 22"d, 2006; claims 334,
29293 through 29335, in the total amount of $1,074,334.68 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 5t" day of July, 2006.
Dean A. Johnston
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
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Lake Elmo
Agenda Section: CONSENT
No. 4B
City Council
07-05-2006
Agenda Item: Union Pacific Pipeline Crossing Agreement
Background Information for July 05, 2006: The City is preparing for the construction of a new water main for the
Tablyn Park/Lake Elmo Heights neighborhoods. As part of this project, the City will need to enter into an agreement
with the Union Pacific Railroad to access their property.
Attached please find a Pipeline Crossing Agreement with Union Pacific Railroad which allows the City to Construct
and maintain a 12' water pipeline crossing for a one time fee of $1500.00.
Action Items:
Person responsible:
Tom Bouthilet
1. Authorizing the Mayor on the behalf of the City to enter into
a Pipeline Crossing Agreement with the Union Pacific
Railroad for a one time fee of $1500.00.
Attachments: Union Pacific Pipeline Crossing Agreement
UNION
P',
June 14, 2006
Folder: 02374-70
MR. THOMAS PREW
CITY OF LAKE ELMO, MINNESOTA
3800 LAVERNE AVENUE
LAKE ELMO MN 55042
Re: Proposed 12" Water Pipeline Crossing of Railroad Property at Mile Post 8.51 on the Altoona
Subdivision/Branch at or near Lake Elmo, Washington County, Minnesota
Dear Mr. Prew,
Attached are duplicate originals of an agreement covering your use of the Railroad Company's right of
way. Please execute or arrange for execution of the attached document and have the signatures witnessed
or attested, as indicated. Please RETURN ALL COPIES of the document for execution on behalf of the
Railroad Company in the enclosed self-addressed envelope. Your copy of the fully -executed document
will be returned to you, if approved by the Railroad Company. Also, please provide a resolution or other
authorization for the party executing the documents, and Insurance Certificates, as required by the
agreement.
Also attached is Contractor's Right of Entry Agreement which must be executed and returned in
accordance with the attached agreement, if work is to be performed by a contractor.
Payment in the amount of One Thousand Five Hundred Dollars ($1,500.00) is due and payable upon
your execution of the agreement. Please include your check, with Folder No. 02374-70 written on the
front, made payable to Union Pacific Railroad Company, with the return of the documents. This
agreement will not be accepted by the Railroad Company until the initial payment is received and all
Insurance Certificates are in proper form. If you require formal billing, you may consider this letter as a
formal bill. In compliance with the Internal Revenue Service's policy regarding Form 1099, I certify that
94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union
Pacific Railroad Company is doing business as a corporation.
If we have not received the executed documents within six months from the date of this letter, this
proposed offer of an agreement is withdrawn and becomes null and void.
Real Estate
UNION PACIFIC RAILROAD
1400 Douglas Street, Stop t690
Omaha, Nebraska 68179-1690
fx. (402) 501-0340
If you have any questions, please contact me at (402) 544-8553
Yours truly,
U 'e / eta
Constance R. Alvis
Manager - Contracts
PL X 940206
Form Approved, AVP-Law
PIPELINE CROSSING
AGREEMENT
Mile Post: 8.51, Altoona Subdivision/Branch
Location: Lake Elmo, Washington County, Minnesota
Folder No. 02374-70
THIS AGREEMENT is made and entered into as of February 22, 2006, by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and
CITY OF LAKE ELMO, MINNESOTA, a Minnesota municipal corporation to be addressed at 3800
Laverne Avenue, Lake Elmo, Minnesota 55042 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article I. LICENSE FEE.
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee
of One Thousand Five Hundred Dollars ($1,500.00).
Article II. LICENSOR GRANTS RIGHT.
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only a
12" water pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated March 13, 2006, marked Exhibit A. Under no circumstances shall Licensee modify the use of
the Pipeline for a purpose other than the above -mentioned, and said Pipeline shall not be used for any
other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement.
Article III. CONSTRUCTION. MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a
part hereof.
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee aelmowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement.
Article V. INSURANCE.
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto
attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder
No. 02374-70, issued by its insurance carrier confirming the existence of such insurance and that the
policy or policies contain the following endorsement:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect
to all liabilities arising out of the existence, use or any work performed on or associated
with the 'Pipeline' located on Railroad right-of-way at Mile Post 8.51, on the Altoona
Subdivision/Branch, at or near Lake Elmo, Washington County, Minnesota.
B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory
tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in
effect or which is required by applicable current or subsequent law, whichever is greater, a portion of
which may be self -insured with the consent and approval of the Licensor
C. All insurance correspondence shall be directed to:
Constance R. Alvis
Folder No. 02374-70
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street STOP 1690
Omaha, NE 68179-1690
Article VI. TERM.
This Agreement shall take effect as of the Effective Date first herein written and shall continue in
full force and effect until terminated as herein provided.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY CITY OF LAKE ELMO, MINNESOTA
By:
Manager - Contracts
am
C..A,
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING
71
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2
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ea
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FORM DR-0404-6
REV. 5- 15-98
ENCASED NON-FILAA' MABL,IE
3 0 5)
MIN TRACK
PIPELINE CROSSING
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
m
_ FT.
(SEF NOTE J B 5)
OE5CRIBE FIXED OBJECT
(SEE NOTE 5)
IDISTANCE ALONG TRACK FROM SECTION LINE CROS51ND1
` $
(NOTE: THIS DIMENSION REGUIREO IN ALL CASES.
AT LOCATIONS NOT USING SECT'DNS. GIG ANCE
TO A LEGAL SURVEY LINE IS PEOUIRED)
PR'S
RiW p/�
0FT.
/ (O�T
_FT.
s
rt�
MIN. DIST
rcI
Sea Note 2TY—A
SUBGRAUE
I
o o
�D FT.
�D
(4.5 FT MIN.)
F T. (20 FT. MAX.
l3EAL CASING 4
)
II
11'— CASING PIPET ISe" Note 4)
(3 Fl.l
/ 2 D15
s FT. GL^ FT. +j—
CROWD
SURFACE
SEAL
GARfl I Eq PIPE 4
1 Ol
� B I
NOTES S CASING NOTH LE WHEN MEASURED ALONG PIPELINE.
II ALL HORIZONTAL D BTANCEB TD DE MEASURED AT RIGHT
ANGLES FROM R. OF TRACK.
EI CASING TO EXTEND OFBEYOND RAILROAD
R. OF TRACK AT R10Hi ANGLES TOE GREATER OF 20 . 2D FT., SI 30 FL,
AND BEYOND SO'LIMITF OF THE ENO
RICHT-DF-WAY IF NECESSARY TO PROVIDE CULVERT,
OR LENGTH OUTSIDE OF TRACK.
ARE&
SO SIGNAL
OF ES FROM THE ENO OF ANY NT DURING
BRIDGE, A OF ANY IF CULVERT, OR FROM LS ANY SWITCHING AREA.
41 ALLOWABLE
REPRESENTATIVE S IN DE PRESENT DLLS O INSTALLATION IF RAILROADCROSSINGS
INGS6 ARE IN THE VICINITY OF ROAD AM
51 ALLOWABLE FIXED OBJECTS INCLUBES LACED A M OF BR I DGESj E OF ROAD THE EKN05 D OVERHEAD VIADUCTS .GIVE ROAD EXCAVATION
OR CULVERTS.
61 CASING AND CARRIED PIPE MOST BE PLACED A MINIMUM OF 2 FEEL BELOW THE EKI ST ING FIBER OPTIC CABLE. ANY EXMVATION REOUI RED WITHIN
RR' S A/W
Q� FT.
I—__
ING WALL
42"
40"
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90-
B 44
(� V SIM
c
n
8
M1
s
MIN. GIST.
NOTE 2
TRACK
A)
IS PIPELINE CROSSING WITHIN DEDICATED STREET 7 YESp_ `�' N
���I�a.p. n�n
BUSE
B)
IF YES, NAME OF STREET �p L A(IE• N. CS�H i3
D)
DISTRIBUTION LINE OR TRANSMISSION LINE
IFoa RAILROAD ONLY)
C)
CARRIER PIPE :
/��47EP-
UNION PACIFIC RAILROAD CO.
COMMODITY TO BE CON%�Y_ID
OPERATING PRESSURE__'_ PSI AI
WALL THICKNESSC4'-'5'7— MATERIALfL�;
;DIAMETER
Iwaolnsmxl
E)
CASING PIPE : 7 'Y FA
WALL THICKNESS �� MATERIAL- T..riEEL;
M. P �'• Jr� E. S. 39t+[St
;DIAMETER
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
ENCASED CROSSING AT
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
2,4�C Ell4"%d
CARRIER PIPE AND INSIDE OF CASING PIPE.
PEMgIT IIII I mvl4ltn IsnTl
FI
METHOC.VOF INSTALLING CASING PIPE UNDER TRACK(S):
GITY C1tr
L DRY BORE AND JACK ( WET BORE NOT PERMITTED) ;
IAPVLICAvn
_TUNNEL ;OTHER
RR FILE NO Z3�`1-70 DATE 3']i'G�
G)
WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? YES;—N0;
HI
DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BO I LAND
IN
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK
R N I N G
1)
APPLICANT HAS CONTACTED 1-800-336-9193, (30' MIN.)
IN ALL DCCASIONS, U. P. COINIARCATIONS
U. P. COMMUNI TION DEPARTMENT, AND HAS DETERMINED FIBER
DEPARTMENT MST BE CONTACTED IN ADVANCE
OF ANY WORX TD DETERMINE EXISTENCE AND
OPTIC CABLE DOES ; —DOES NO'L[� EXIST IN VICINITY OF
WORK TO BE IT RFORMED TICKET � -o��G9 z I
LOCATION OF FIBER OPTIC CABLE.
. NO. Zr
PHONE 1 I-900.330-9193
PL X 990112
Form Approved, AVP-Law
EXI3IBIT B
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and
obligation of the Licensor to use and maintain its entire property including the right and power of the
Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks,
signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across
any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor
without liability to the Licensee or to any other party for compensation or damages.
(b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of
licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and
extend the same, and is made without covenant of title or for quiet enjoyment.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
(a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or
reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard
Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which
by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's
Vice President -Engineering Services. In the event such Specification conflicts in any respect with the
requirements of any federal, state or municipal law or regulation, such requirements shall govern on all
points of conflict, but in all other respects the Specification shall apply.
(b) All work performed on property of the Licensor in connection with the construction,
maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the
satisfaction of the Licensor.
(c) Prior to the commencement of any work in connection with the construction, maintenance, repair,
renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath
the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out
the method and manner of handling the work, including the shoring and cribbing, if any, required to
protect the Licensor's operations, and shall not proceed with the work until such plans have been
approved by the Vice President -Engineering Services of the Licensor and then the work shall be done to
the satisfaction of the Vice President -Engineering Services or his authorized representative. The Licensor
shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its
track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation,
reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the
Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all
expense incurred by the Licensor in connection therewith, which expense shall include all assignable
costs.
(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the
grade even with the adjacent surface of the ground.
Rea( Estate
plx.exb UNION PACIFIC RAILROAD
1400 Douglas Street, Stop 1690 Exhibit E
Omaha, Nebraska 68179-1690
fa. (402) 501-0340
PL X 980112
Form Approved, AVP-Law
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as
practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the
Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the
commencement of any work upon property of the Licensor in connection with the construction,
maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All
such work shall be prosecuted diligently to completion.
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred in connection with the construction,
maintenance, repair and renewal and any and all modification, revision, relocation, removal or
reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in
connection therewith for supervision, inspection, flagging, or otherwise.
Section 5. REINFORCEMENT RELOCATION OR REMOVAL OF PIPELINE.
(a) The license herein granted is subject to the needs and requirements of the Licensor in the
operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole
expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new
location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the
Licensor shall find such action necessary or desirable.
(b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on
property of the Licensor in the location herembefore described shall, so far as the Pipeline remains on the
property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be
constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no
interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and
facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that
would in any manner impair the safety thereof.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in business
interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a
24-hour number) to determine if fiber opts cable is buried anywhere on the Licensor's premises to be
used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved,
arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable,
all at Licensees expense, and will commence no work on the right of way until all such protection or
relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and
against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court
costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the
provisions of this paragraph.
plx.exb
Exhibit n
PL X 980112
Form Approved, AVP-Law
(b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and
hold the Licensor harmless from and against all costs, liability and expense whatsoever (including,
without limitation, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its
contractor, agents and/or employees, resulting in (1) any damage to or destruction of any
telecommunications system on Licensor's property, and/or (2) any injury to or death of any person
employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or
employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the
direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse
against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or
other consequential damage to a telecommunication company using Licensor's property or a customer or
user of services of the fiber optic cable on Licensee's property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES.
(a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon
property of the Licensor in connection with the construction, maintenance, repair, renewal, modification
or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of
any kind or nature to be enforced against the property for any work done or materials famished thereon at
the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the
Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in
any way connected with or growing out of such work done, labor performed, or materials furnished.
(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in
respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon
property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such
property shall not be increased because of the location, construction or maintenance of the Pipeline or any
improvement, appliance or fixture connected therewith placed upon such property, or on account of the
Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed
to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee
shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's
property upon property of the Licensor as compared with the entire value of such property.
Section 9. RESTORATION OF LICENSOR'S PROPERTY.
In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner
move or disturb any of the other property of the Licensor in connection with the construction,
maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in
that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and
other property to the same condition as the same were in before such fence was taken down or such other
property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its
officers, agents and employees, against and from any and all liability, loss, damages, claims, demands,
costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from
injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever,
when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any
fence or the moving or disturbance of any other property of the Licensor.
plx.exb
Exhibit B
PL X 980112
Form Approved, AVP-Law
Section 10. INDEMNITY.
(a) As used in this Section, "Licensor" includes other railroad companies using the Licensor's
property at or near the location of the Licensee's installation and their officers, agents, and employees;
"Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of
whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death
of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers,
agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of
property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other
property of the Licensor, or property in its care or custody).
(b) As a major inducement and in consideration of the license and permission herein granted, the
Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises
from:
i. The prosecution of any work contemplated by this Agreement including the installation,
construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of
the Pipeline or any part thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense,
remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks
of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as
good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do
the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the
Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the
Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and
restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it
may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. in
the event of the removal by the Licensor of the property of the Licensee and of the restoration of the
roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any
damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no
manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have
against the Licensee.
Section 12. WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be
kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail
itself of any remedy for any subsequent breach thereof.
plx.exb
Exhibit B
PL X 980112
Form Approved, AVP-Law
Section 13. TERMINATION.
(a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the
Licensee continues in default in the performance of any covenant or agreement herein contained for a
period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default,
the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice.
(b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by
written notice given by either party hereto to the other on any date in such notice stated, not less,
however, than thirty (30) days subsequent to the date upon which such notice shall be given.
(c) Notice of default and notice of termination may be served personally upon the Licensee or by
mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall
not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities,
accrued or otherwise, which may have arisen prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without
the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer
or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of
law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the
Licensor, shall terminate this Agreement.
Section 15. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the
benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.
plx.exb
Exhibit B
PLWL/DRAINAGE INS.
-
Porm Approved, AVP-Law Updated 03/Ol/2003
EXIIIBIT B-1
Union Pacific Railroad
Contract Insurance Requirements
Pipeline, Wireline, Drainage Agreement on Union Pacific Property
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement
(except as otherwise provided in this Agreement) the following insurance coverage:
A. Commercial General Liability insurance.
not less than $2,000,000 each occurrence and an
insurance must be written on ISO occurrence for,
equivalent coverage).
Commercial general liability (CGL) with a limit of
aggregate limit of not less than $4,000,000. CGL
r CG 00 01 12 04 (or a substitute form providing
The policy must also contain the following endorsement, which must be stated on the certificate of
insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent
coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00
01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less
$2,000,000 for each accident.
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01, (or a
substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated
Job Site.
• Motor Carrier Act Endorsement - hazardous materials clean up (MCS-90) if required by law.
C. Workers Compensation and Employers Liability insurance. Coverage must include but not be
limited to:
• Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this
Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy
limit $500,000 each employee.
If Licensee is self -insured, evidence of state approval and excess workers compensation coverage must be
provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'
Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
Y Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent
coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing
equivalent coverage).
D. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, these policies
must "follow form" and afford no less coverage than the primary policy.
Real Estate
UNION PACIFIC RAILROAD
1400 Douglas Street, Stop 1690
Omaha, Nebraska 68179-1690
is.(402) 501-0340
PI/WUDRAQIAGE INS.
Form Approved, AVP•Law Updated 03/01/2003
Other Requirements
E. All policy(ies) required above (except worker's compensation and employers liability) must
include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA
20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as
additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26,
and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and
shall not be limited by Licensee's liability under the indemnity provisions of this Agreement.
F. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate
of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that
may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this
agreement will be performed.
G. Licensee waives all rights against Railroad and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the workers compensation and
employers liability or commercial umbrella or excess liability insurance obtained by Licensee required by
this agreement.
H. Prior to commencing the work, Licensee shall furnish Railroad with a certificate(s) of insurance,
executed by a duly authorized representative of each insurer, showing compliance with the insurance
requirements in this Agreement.
I. All insurance policies must be written by a reputable insurance company acceptable to Railroad
or with a current Best's Insurance Guide Rating of A- and Class V1I or better, and authorized to do
business in the state(s) in which the work is to be performed.
J. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be
deemed to release or diminish the liability of Licensee, including, without limitation, liability under the
indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third
party will not be limited by the amount of the required insurance coverage.
�a.
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-063
A RESOLUTION ORDERING IMPROVEMENT
FOR 2006 OVERLAYS ON IRVIN COURT, IRVIN CIRCLE, ISLE AVENUE,
IVY COURT, AND JAMACA COURT
WHEREAS, a resolution of the city council adopted the 20t' of June, 2006, fixed
a date for a council hearing on the proposed improvement of Irvin Court, Irvin Circle,
Isle Avenue, Ivy Court, and Jamaca Court; and
WHEREAS, ten days' mailed notice and two weeks' published notice of the
hearing was given, and the hearing was held thereon the 5th day of July, 2006, at which
all persons desiring to be heard were given an opportunity to be heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY
COUNCIL:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted the 5th of July, 2006.
3. Tom Prew, TKDA & Associates, is hereby designated as the engineer for this
improvement. The engineer shall prepare plans and specifications for the
making of such improvement.
4. The city council declares its official intent to reimburse itself for the costs of
the improvement.
ADOPTED by the Lake Elmo City Council this 5th day of July, 2006
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
City Administrator
Resol Ordering Imp 2006 Overlays
rat iY II
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-064
A RESOLUTION ORDERING IMPROVEMENT
FOR 2006 MSA RESURFACING ON 45' STREET, JULEP AVENUE,
AND 47TH STREET
WHEREAS, a resolution of the city council adopted the 201h of June, 2006, fixed
a date for a council hearing on the proposed improvement of 45TH Street, Julep Avenue,
and 47`h Street; and
WHEREAS, ten days' mailed notice and two weeks' published notice of the
hearing was given, and the hearing was held thereon the 5th day of July, 2006, at which
all persons desiring to be heard were given an opportunity to be heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE LAKE ELMO CITY
COUNCIL:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted the 5th of July, 2006.
Tom Prew, TKDA & Associates, is hereby designated as the engineer for this
improvement. The engineer shall prepare plans and specifications for the
making of such improvement.
4. The city council declares its official intent to reimburse itself for the costs of
the improvement.
ADOPTED by the Lake Elmo City Council this 5th day of July, 2006
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
City Administrator
Resol Ordering 2006 MSA Resurfacing
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TKDA
ENGINEERS - ARCHITECTS - PLANNERS 1500 Piper Jaffray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
June 29, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Approve Plans and Specifications
Eagle Point Boulevard
City of Lake Elmo, Minnesota
TKDA Project No. 13649.000
Dear Mayor and City Council:
(651)292-4400
(651)292-0083 Fax
www.tkda.com
Plans and specifications are complete for Eagle Point Boulevard, south of Hudson Boulevard.
The street design mirrors the existing Eagle Point Boulevard design and includes a landscaped
cul-de-sac island. A right turn lane from east bound Hudson Boulevard into the site is also
included.
The developer will be installing the improvements and the City will perform construction
inspection on it.
City Council Action Requested
Approve plans for the Eagle Point Boulevard.
Sincerely;
Thomas D. Prew, P. E.
City Engineer
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
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CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-065
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISMENT FOR BIDS
FOR EAGLE POINT BOULEVARD
WHEREAS, the City Engineer has prepared plans and specifications for the Eagle Point Boulevard and
has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby
approved.
2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction
Bulletin an advertisement for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published for two weeks, shall specify the work
to be done, shall state that bids will be opened and considered by the Council at the
Council meeting, in the Council chambers of the City Hall, and that no bids will be considered
unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond,
or certified check payable to the cleric for 5% of the amount of such bid.
ADOPTED BY THE COUNCIL this 5th day of July, 2006.
Dean A. Johnston, Mayor
ATTEST:
J. Rafferty, City Administrator
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9A
City Council
July 5, 2006
A enda Item: Zoning Ordinance Text Interpretation — Accessory Buildings
Background Information for July 5, 2006:
Staff has recently discovered what appears to be a wording problem within the table of the Zoning
Ordinance that prescribes the number and allowable area of accessory structures in the various zoning
districts. The nature of the possible problem is fully described by the attached June 22 Memo by Staff to the
Planning Commission — essentially involving whether certain area standards where multiple buildings are
other wise permitted are intended to be aggregated or individual, as well as the possible logic (or illogic) in
the manner the standards are now written.
On June 26 the Planning Commission considered the questions raised by staff in this regard at length. The
Commission's conclusion (and resulting recommendation to the Council) is that the term "combined" is
used where the ordinance describes multiple buildings in the R1, RED, and OP section of the table. If the
intent of the drafters had been to aggregate the stated allowable area then the term "combined" would have
been used along with the terms "total area" in the text of the "Agricultural (Non -conforming)" of the subject
table.
The Commission did consider recommending a formal amendment to that end, but concluded that a simple
interpretation direction should suffice pending completion of the new zoning ordinance — where additional
modifications to Accessory Building standards are likely as well.
Person responsible:
Action items:
,
Ci Pl`"
Motion directing staff regarding the interpretation of the terms
"total area" contained within the "Agricultural — Non -conforming"
paragraph of the table in Section 300.07 Subd. 4.B.2.b. of the City
Code.
Attachments:
Time Allocated:
1. Draft Planning Commission Minutes of June 26, 2006
2. Planning Staff Memo and Attachment of June 22, 2006
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Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9B
City Council
July 5, 2006
Agenda Item: Final Plat and Development Agreement — Hidden Meadows 2od Addition
Background Information for July 5, 2006:
An application for Final Plat of Hidden Meadows 2nd Addition has been presented for City Council
approval. This Final Plat is for the 69.68 acre residential (OP) portion of the Rock Point Church site at 59`h
Street North and Keats Avenue, and plats 25 lots and the remaining street right-of-way not platted with the
Rockpoint Church Final Plat. The Preliminary Plat was approved on April 18, 2006.
Staff has prepared a Development Agreement including content and format similar to those of prior OP
plats. The City Forester has reviewed and approved the Final Landscape Plan. Note that the City Engineer
has determined that the primary drainfield setback to the west property line is (and always was) 100 feet or
more. The applicant has delineated a secondary drainfield site, and the water main/trail easements thereon
will be provided in written format rather than by plat notation — the usual method for these types of
easements.
As this is written the City Attorney is continuing review of the various Covenants/Declarations/Easements
that will be required prior to release of the plat by the City for recording. The Conservation Easement over
the Preserved Open Space may be held by the City rather than the Land Trust — as is permitted by the
Zoning Ordinance. The applicant and the Land Trust are still conversing on those matters. In no case can
the plat be released for recording prior to the Conservation Easement (as well as the other required written
easements) being provided to either the City or the Land Trust or both.
Action items:
Person onsible•
Motion to adopt Resolution #2006 - approving the Final Plat and
C' r
Development Agreement for Hidden Meadows 2nd Addition.
Attachments: 0
Time Allocated:
1. Draft Resolution #2006 - Approving Final Plat and DA
2. Draft Development Agreement
3. Final Plat 03
4. Resolution #2006:— Approving Preliminary Plat
5. Approved Preliminary Plat
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CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-066
A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT
AGREEMENT FOR HIDDEN MEADOWS 2ND ADDITION
WHEREAS, the Lake Elmo Planning Commission reviewed the preliminary plat
of HIDDEN MEADOWS 2ND ADDITION on March 27, 2006;
WHEREAS, the Lake Elmo City Council considered and approved on April 18,
2006 the preliminary plat of HIDDEN MEADOWS 2ND ADDITION;
WHEREAS, the Final Plat and Development Agreement of HIDDEN
MEADOWS 2No ADDITION presented to the City Council conforms to the standards of
Section 400 of the City Code.
NOW, THEREFORE BE IT RESOLVED, that the Lake Elmo City Council does
hereby approve and accept the Final Plat and Development Agreement of HIDDEN
MEADOWS 2ND ADDITION as the same on file with the City Administrator subject to
the following conditions:
1. Compliance with the recommendations/requirements of the City Engineer.
2. Compliance with the recommendations/requirements of the Valley Branch
Watershed District as found to be appropriate by the City Engineer.
3. Trail setback to the Ziertman property be increased and screening be
considered in the Landscape Plan.
4. Confirm drain field setback is to be 100' feet from property line.
5. Provide size and delineation of the alternate drain field.
6. Secondary drain field have the appropriate easement for trail use.
7. A trail easement be added to the proposed waterman easement.
ADOPTED by the Lake Elmo City Council this 5a' day of July, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J, Rafferty, City Administrator
DEVELOPMENT AGREEMENT
CITY OF LAKE ELMO
Draft 6/30/06
1.00 Parties. This Agreement is dated the day of 2005, and is entered
into by and between City of Lake Elmo, a Minnesota municipal corporation
(herein "City"); and Hidden Meadows Development, 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 Hidden Meadows of Lake Elmo 2nd Addition.
3.00 Final Plat Approval. On the day of , 2005, the City Council approved the
final plat of Hidden Meadows of Lake Elmo 2"d Addition, 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 plans and, specifications which have
been reviewed and approved by the City's Consulting Engineer, which are
attached and incorporated herein as Exhibit :
A. Site Grading and Turf Restoration. Site grading improvements
shall include common excavation, subgrade correction,
embankment and pond excavation. Turf restoration shall include
seeding, mulching and erosion control.
1. Site Grading Improvements shall be completed on or before
the 15th day of June, 2007.
2. Turf restoration improvements shall be completed on or
before the 30th day of November, 2007.
B. Landscaping. Developer shall complete all landscaping
improvements on or before the 30th day of November, 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 301h day of
November, 2006.
D. Street Improvements. Street improvements include subgrade
preparation, gravel base, bituminous surfacing, bituminous curb
and concrete curbs, where required.
Unusable material within the roadway shall be removed by
the Developer.
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.
Subgrade and the initial course of street improvements
shall be completed by the 1st day of July, 2007. The final
wear course of the street shall be completed by the 1st day
of July, 2008.
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 30th
day of November, 2007. Developer is over -sizing water mains and
the City shall reimburse Developer in the amount of $38,785
for such over -sizing.
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 Valley Branch
2
Landscaping
$ 113,000
Storm Sewer
$ 143,780
Street Improvements
$ 243,750
Waste Water Treatment System/Drain Fields
$ 261,800
Sanitary Sewer Collection
$ 197,000
Street Signs
$ 500
Trails
$ 43,500
Water Mains
$160,535
Subtotal
$1,163,865
Total Security Required (125% of
Improvements)
$1,454,831
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 shalt 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 $29,096.
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 31st day of July, 2007.
4.07 Recording Requirements. Prior to the conveyance of any of the lots in
Hidden Meadows of Lake Elmo 2nd Addition, 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.
2. Require the Homeowner Association to maintain and
operate the waste water treatment system/drain field.
3. Provide that, in the event of a failure by the Homeowner
Association to satisfy the obligations defined in Section
4.07E 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 4.07E and its subdivisions of
this Development Agreement may not be repealed or
amended without consent of the City.
C. Homeowner Association Articles of Incorporation.
E. A Conservation Easement from the property owner to the
Minnesota Land Trust and/or the City, attached and incorporated
as herein Exhibit .
The public trailway easement attached and incorporated herein as
Exhibit .
G. Valley Branch Watershed District permit.
4.08 Public Use Dedication. The Developer's public use dedication
requirement for Hidden Meadows of Lake Elmo 2"d Addition shall consist
of the following:
A. a payment in the amount of $142,600;
0
B. the dedication or conveyance of the public trail easement; and
C. the construction of the public trailway per plans approved by the
City Engineer at a cost to the Developer of $24,000.
4.09 Inspection. The City, through its City Engineer, shall provide for
competent inspection during construction of publicly dedicated
infrastructure and private waste water treatment systems/drain fields.
The Developer shall pay the City the amount of $30,000 to compensate
the City for construction inspection services. The City Engineer shall
provide continuous inspections at the site to ensure that the Developer
and its contractors are in compliance with the terms of this Agreement,
and with the infrastructure design standards of the City. The City
Engineer 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
shall 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, and the developer has provided the City
a certified "as built" of the mass grading of the site which complies with
the approved grading plan. 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 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.
4.12 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.
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:
Pat Kinney, Chief Manager
Hidden Meadows Development, LLC
(ADDRESS REQUIRED PRIOR TO EXECUTION)
4.13 Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this
Agreement by reference as if fully set out herein.
4.14 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.
4.15 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 shall 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.
7
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SHEET 3 OF 3 SHEETS
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-038
A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION
DEVELOPMENT STAGE PLAN, PRELIMINARY PLAT, AND
CONDITIONAL USE PERMIT OF HIDDEN MEADOWS OF LAKE ELMO.
WHEREAS, on the 30'h day of June, 2005, Pat Kinney of Hidden Meadows
Development, LLC ("Applicant") submitted a completed application requesting that the
City of Lake Elmo approve an Open Space Preservation Development Concept Plan for a
residential subdivision on 69.68 acres of a 108.62 acre parcel; AND
WHEREAS, on the 25th day of July, 2005, at a public hearing, the Lake Elmo
Planning Commission reviewed the Concept Plan, the City Planner's reports and
continents, the comments of the Applicant and the Applicant's representatives, and
recommended approval of the Concept Plan; AND
WHEREAS, on the 20`h day of September, 2005, the Lake Elmo City Council
reviewed changes to the Concept Plan, the City Planner's reports and comments dated
September 6, 2005, the comments of the Applicant and the Applicant's representatives,
and recommended approval of the Concept Plan.
WHEREAS, on the 27`h day of March, 2006, at a public hearing, the Lake Elmo
Planning Commission reviewed the Development Stage Application, the City Planner's
reports and comments, the comments of the Applicant and the Applicant's
representatives, and recommended approval of the OP Development Stage Application,
Conditional Use Permit, and Preliminary Plat of HIDDEN MEADOWS OF LAKE
ELMO based upon the following Findings:
1. The OP Development Stage Plan and Preliminary Plat are generally compliant
with the approved OP Concept Plan, and condition of Concept Plan approval.
2. The Development Stage Plan is compliant with the standards of Section 301 of
the City Code (Open Space Development).
3. The Preliminary Plat and preliminary construction plans are compliant with
Section 400 of the City Code (platting).
4. The Conditional Use Permit complies with the pertinent findings required by
Section 300.06 of the City Code.
And subject to the following Conditions:
1. Compliance with the recommendations/requirements of the City Engineer.
2. Compliance with the recommendations/requirements of the Valley Branch
Watershed District as found to be appropriate by the City Engineer.
3. Trail setback to the Ziertman property be increased and screening be considered
in the Landscape Plan.
4. Confirm drainfield setback is to be 100' feet from property line.
5. Provide size and delineation of the alternate drainfield.
6. Secondary drainfield have the appropriate easement for trail use.
7. A trail easement be added to the proposed watermain easement.
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby
approves the Open Space Development Stage Plan, Preliminary Plat, and Conditional
Use Permit for HIDDEN MEADOWS OF LAKE ELMO, as illustrated on the
Preliminary Plat prepared by Kimley-Horn and Associates, Inc., dated March 3, 2006.
ADOPTED, by the Lake Elmo City Council on the 181h day of April, 2006.
Dean. A. Johnston, Mayo
ATTEST:
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SHEET 4 OF 10
SHEET NO.
4
10
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9C
City Council
July 5, 2006
Agenda Item: Final Plat and Development Agreement — HOA 2nd Addition
Background Information for Julv, 2006:
United Properties has applied for Final Plat approval of the 12.6 acre Outlot A of the HOA Addition for
which the City Council approved a Preliminary Plat on June 20. One 4.6 acre lot of this plat will become the
Rasmussen Business College site. No Planning Commission review of Final Plats and Development
Agreements is required by the City Code.
The draft Development Agreement has been prepared by staff and is attached. This DA differs in content to
some degree since we are addressing a non-residential property to which earlier Eagle Point DA's still apply
(as to Public Use Dedication, Covenants and Declarations). Also TKDA has been retained by United
(through a City contract) to design all plat infrastructure, and the City Engineer has opted to not require line
item specific cost estimates for infrastructure improvements in the DA — simply a total "Street and Utilities"
estimates.
Person res ible•
Action items:
Cit P t er -)
Motion to adopt Resolution #2006 - approving the Final Plat and
Development Agreement of the HOA 2nd Addition.
Attachments:
Time Allocated:
1. Draft Resolution #2006 - Approving Final Plat and DA
2. Draft Development Agreement
3. Final Plat
4. Resolution #2006 - 059 Approving Preliminary Plat
5. Approved Preliminary Plat
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-067
A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT
AGREEMENT FOR HOA 2ND ADDITION
WHEREAS, the Lake Elmo Planning Commission reviewed the preliminary plat
of HOA 2"d ADDITION on June 12, 2006;
WHEREAS, the Lake Elmo City Council considered and approved on June 20,
2006 the preliminary plat of HOA 2"d ADDITION, a 12.6 acre Outlet A of the HOA
Addition;
WHEREAS, the Final Plat and Development Agreement of HOA 2"d ADDITION
presented to the City Council conforms to the standards of Section 400 of the City Code.
NOW, THEREFORE BE IT RESOLVED, that the Lake Elmo City Council does
hereby approve and accept the Final Plat and Development Agreement of HOA 2ND
ADDITION as the same on file with the City Administrator subject to the following
conditions:
Compliance with the requirements of the City Engineer and City Attorney.
ADOPTED by the Lake Elmo City Council this 5th day of July, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J, Rafferty, City Administrator
DEVELOPMENT AGREEMENT
CITY OF LAKE ELMO
(Draft June 30, 2006)
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 ACity@); and
United Land LLC, a Minnesota limited liability company (herein "Developer").
2.00 Property Description. The Developer represents that it is the record fee owner of the
property described on Exhibit A, attached and incorporated herein, which will be platted
as Eagle Point Circle, as dedicated on proposed HOA 2"d Addition Plat.
3.00 Final Plat Approval. On the day of , 2006, the City Council approved the final plat of
HO�Addition, 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 plans and specifications which have been
reviewed and approved by the City's Consulting Engineer, which are attached and
incorporated herein as Exhibit_:
A. Site Grading and Turf Restoration. Site grading improvements shall include
common excavation, subgrade correction, embankment and pond
excavation. Turf restoration shall include seeding, mulching and erosion
control.
Site Grading Improvements shall be completed on or before the 31s1
day of October, 2006.
2. Turf restoration improvements shall be completed on or before
the 319t day of October, 2006.
B. Landscaping. Developer shall complete all landscaping improvements on
or before the 30t" day of November, 2006.
C. Storm Sewer. Storm sewer improvements include all necessary storm
sewers, catch basins, culverts, and other apparatus. Storm sewer
4.02
improvements shall be completed by the 31 st day of October, 2006.
D. Street Improvements. Street improvements include subgrade preparation,
gravel base, bituminous surfacing, bituminous curb and concrete curbs,
where required.
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 31 s' day of October, 2006. The final wear course
of the street shall be completed by the 30th day of May, 2007.
E. Sanitary Sewer. All sanitary sewer improvements shall be completed on or
before— the 316' day of October, 2006.
F. Street Sims. 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 31 st day of October,
2006.
Estimated Cost of Developer Secured Improvements. The estimated costs of
Developer constructed improvements are as follows:
Improvement
Site Grading/Turf Restoration
Landscaping
Street & Utility Improvements
Street Signs
Estimated Cost
$ 50,000
$ 25,000
$243,750
$ 1,500
Subtotal $320,250
Total Security Required (125% of Improvements) $400,313
2
4.03 Improvement Securitv. 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 forthe 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 $8,006.25.
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 31 St day of October, 2006.
4.07 Recording Requirements. Prior to the conveyance of any of the lots in HOA 2"a
Addition, 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. The following documents, which have previously been recorded against this
property and are of record at Washington County.
Terms and conditions of Declaration of Protective Covenants dated
December 1, 1997, filed December 31, 1997, as Document No.
1065503.
2. Terms and conditions of Development Standards filed July 18, 2000,
as Document No. 1092260.
Declaration for Storm Water Retention Area Maintenance dated
August 29, 2000, filed September 29, 2000, as Document No.
1094004.
3
4. Declaration of Monument Easement and Landscaping Maintenance
Covenants dated August 29, 2000, filed September 29, 2000, as
Document No, 1094005.
5. Memorandum of Agreement Concerning Outlot A, Eagle Point
Business Park, dated August 21, 2000, filed December 5, 2000, as
Document No. 1095358.
C. South Washington Watershed District permit.
4.08 Public Use Dedication. Public use dedication shall be paid with individual building
permits consistent with the formula specified by Paragraph 4.08 of the Development
Agreement for Eagle Point Business Park, dated July 11, 2000.
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 $17,000 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 shalt 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 shall 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
buildings until the first course of a public street is completed and approved by the
El
City Engineer, and the Developer has provided the City a certified "as built' of the
mass grading of the site which complies with the approved grading plan. If
buildings are occupied priorto 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 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 herto 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.
4.12 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.
If to the City:
Mr. Martin Raffery
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
If to the Developer:
Dale J. Glowa
Senior Vice President
Development
George I. Burkards
Assistant Vice President
Marketing — Planning — Development
United Properties
3500 American Blvd. W., Suite 200
Minneapolis, MN 55431
4.13 Incorporation by Reference. All plans, special provisions, proposals, specifications
and contracts for the improvements furnished and let pursuant to this Agreement
shall be and hereby are made a part of this Agreement by reference as if fully set
out herein.
4.14 Default. Continuation of any of the following after 30 days prior written notice to
the Developer (except in such cases where the default cannot be reasonably
cured within 30 days, in which case said 30-day period shall be extended to period
as reasonably required to effectuate the cure, provided the Developer has
commenced its cure within 30 days and continues diligently prosecuting such cure)
shall be considered an "event of default" underthe 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.
4.15 Remedies. Upon 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, enterthe Property forthat purpose. The Developershall 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 shall 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 to 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 the City all
fees and expenses, including reasonable attorney, engineering and
consulting fees, incurred by the City as a result of the even 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.
City of Lake Elmo,
a Minnesota statutory city
Dean Johnson, Mayor
ATTEST:
Martin Rafferty, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On thisday of , 2006, before me, a notary public within and for said
county, personally appeared Dean Johnson 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 authority of and on behalf of City of
Lake Elmo.
7
Notary Public
[SIGNATURES CONTINUED ON FOLLOWING PAGE
REMAINDER OF PAGE INTENTHONALLY LEFT BLANK]
Developer
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STATE OF MINNESOTA )
) ss.
COUNTY OF )
United Land LLC
On this_day of , 2006, before me, a notary public within and for said
county, personally appeared and to me known to be respectively the
and of United Land LLC, and they executed the foregoing instrument and
acknowledged that they executed the same authority of and on behalf of City of the company.
Notary Public
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City of Lake Elmo
Washington County, Minnesota
RESOLUTION NO. 2006-069
A RESOLUTION APPROVING THE
PRELIMINARY PLAT OF HOA 2ND ADDITION
WHEREAS, at its August 7, 2001 meeting, the City Council reviewed and
approved the Final Plat of HOA ADDITION.
WHEREAS, at its June 12, 2006 meeting, the Planning Commission conducted a
public hearing where they reviewed and recommended approval of United Properties'
application for a preliminary plat of HOA 2ND Addition.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of
Lake Elmo does hereby approve and accept the preliminary plat for HOA 2ND Addition,
as the same on file with the City Administrator, subject to the following conditions.
Compliance with the recommendations (if any) of the City Engineer, City
Attorney, and those of the South Washington Watershed found to be
reasonable and practical by the City Engineer.
ADOPTED by the Lake Elmo City Council on the 20a' day of June, 2006.
ATTEST:
Dean Johnston, Mayor
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