HomeMy WebLinkAbout_06 06 2022 City Council Agenda Packet
4646 Dakota Street
SE
Prior Lake, MN
55372
City Council Meeting at City Hall
Monday, June 6, 2022
City Council Work Session Agenda
5:00 p.m.
1.DISCUSSION ITEM(S)
A.Wagon Bridge Peninsula Access and Grainwood Park Expansion Discussion (30 Mins)
B.Long Range Financial Planning Update (45 Mins)
C.Emerging Issues (15 Mins)
City Council Meeting Agenda
7:00 p.m.
Reports included with this agenda can be found in the Document Center by clicking here or
at www.cityofpriorlake.com \Doc Center\City of Prior Lake\City Council, Planning Commission and Advisory
Committees\City Council\City Council Agenda Packets\2022\06 06 2022 1.CALL TO ORDER and PLEDGE OF ALLEGIANCE
2.PUBLIC FORUM The public forum is intended to afford the public an opportunity to address concerns to the City
Council. The public forum will be no longer than 30 minutes in length and each presenter will have no more than five (5)
minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas.
Topics may be addressed at the public forum that are on the agenda. However, topics that are the subject of a public hearing
are best addressed at the public hearing, not at public forum. Therefore, topics may not be addressed at public forum if: (I) the
topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not
acted on the topic; or (ii) if the topic is the subject of a public hearing for which notice has been published in the City’s official
newspaper, or a continued public hearing or public information hearing before the City Council or any City Advisory Committee.
During public forum, a member of the public may request that the City Council consider removing an item from the Consent
Agenda following the procedure set forth in Section 401.5. The City Council may discuss but will not take formal action on
public forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum.
3.APPROVAL OF AGENDA
4.MINUTES
A.Approval of the May 16, 2022 City Council Minutes
5.CONSENT AGENDA Those items on the Council Agenda which are considered routine or non-controversial are
included as part of the Consent Agenda. Unless the Mayor or a council member specifically requests that an item on the
Consent Agenda be removed and considered separately, items on the Consent Agenda are considered under one motion,
second and vote. Any item removed from the consent agenda shall be placed on the council agenda under Items Removed
Consent Agenda Items.
A.Approval of Claims Listing
B.Resolution Approving 2022-2023 Liquor License Renewals
C.Approval of 2022 Refuse Hauler License Renewal
D.Approval of April 2022 Treasurer's Report
E.Approval of the Metropolitan Council for Water Efficiency Grant Agreement
F.Approval of Fire Station 1 Generator Purchase
G.Resolution Approving a Temporary Liquor License for Lakefront Music Fest on July 8
& 9th, 2022
H.Resolution Approving a Temporary Liquor License for Boathouse Brothers Brewing
Company on Saturday October 8, 2022
I.Resolution Approving Prior Lake Police Department Kitchen Remodel
6.PRESENTATIONS
7.PUBLIC HEARINGS
A.Consider Vacating a Portion of a Drainage and Utility Easement at 1563 Belmont
Avenue NW
B.Consider Vacating a Portion of a Drainage and Utility Easement at 17776 Meadows
Way SE
8.OLD BUSINESS
9.NEW BUSINESS
A.Resolution Approving a Final Plat, Final Planned Unit Development Plan and
Development Agreement for Spring Lake Ridge
10.REMOVED CONSENT AGENDA ITEMS
11.COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS
12.OTHER BUSINESS
13.ADJOURNMENT
ITEM: 1BCITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: CathyErickson, Finance Director
PRESENTED BY: CathyErickson
AGENDA ITEM: Worksession Financial Planning Update
GOAL AREA High-ValueCityServices
OBJECTIVE: 1. Establishfinancial stability forallfunds.
2. Design acomprehensive funding strategy forcapitalneeds.
3. Ensure sufficient resources andstaffing tomeetservice
demands.
4. Attract, retain, andtrainahighcaliber workforce toensurehigh-
qualityservices.
RECOMMENDED ACTION:
Staffisworking toidentify andaddress funding needs forthecitytomaintain service levels,
address theneedsofagrowing city, andprovide budget stability byminimizing annualvariation
inthetaxlevy. Theprimary cityservice priorities tobefunded include personnel, equipment
replacement, parkandfacilitiesreplacement/improvement, pavement management, andEDA
funding. Thefinancial planalsoincorporates theimplementation ofafull-timefirefighter staffing
model fortheFiredepartment. Based onthecommunity expectation andservice levels, staffhas
prepared afive-year financial plan. StaffislookingforCouncil feedback anddirection onthe
following items:
DoesCouncil support transition tofull-timefirestaffing through aphased taxlevyincrease
over fouryears?
DoesCouncil support thefinancial planning assumptions thataredrivingthe2023-2027
taxlevyandtaxrates?
BACKGROUND:
Thepurpose ofthisworkshop itemistoprovideanupdate onthefollowing items:
Property TaxProjection
Discussfunding forthetransition toFull-timeFiredepartment staff
DebtandDebtLevy Impacts
FINANCIAL IMPACT:
Estimated marketvalue andtaxcapacity:
Estimated market valuehasincreased $939million (18.4%) from2022 to2023.
Preliminary taxcapacity hasincreased 22.5% from2022 to2023. Based onthe2022 taxrate,
new construction willconservatively generate anestimated $328,000 inproperty taxes. This
equates toabout2.0% ofthe2023property taxlevy.
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Item1B
Page | 2
Basetaxlevyconsiderations:
Thefollowing chart provides baseconsiderations forestablishing the2023 taxlevybasedon
factorsthatimpactthePriorLakecommunity:
Growth (NewConstruction) 2.0%
CPI-U (MSP) 8.2%
DebtService * -0.3%
Base Property Tax Levy 9.9%
Considerations
Thedebt service % changeisestimated basedonthe2023 planned debtissuance. Theannualdebt
service of theexisting debtservice rolling offisslightly higherthan theproposed2023bondissuedebt
service.
2023Budget TaxLevyImpacts:
2023draftbudgets willbeentered inthefinancialsystembymid-June. Knownimpacts tothe
2023 budget areshownbelow:
PrioritiesandFunding:
Thefollowing plansandpriorities havebeen included inthefive-yearplan:
Funding forstaffing needsperthe2023-2027Personnel Plan toreflecttheimpact of
community growthandtomaintain existing levels ofservice. Staffing priorities are
determined bytheCityManager and brought totheCouncil on anannual basisviaa
Personnel Planwork session. SeeAttachment 2 forPersonnel Plan presented tothe
CouncilonApril18, 2022, forjustification forposition adds.
Commitments tolong-term capital plans (CIP)
Debtobligations (existing andproposed)
Funding tosupport theriseincosts forgoodsandservice based oncurrent inflation
indicators.
Estimated annual building permits of150/year
Estimates forrevenues/expenditures tomaintain theGeneral fundbalance between 40%-
50%
EDAfunding
Transition tofull-timefirefighter staffing model
Highlighted taxlevyimpacts byyeararesummarized onAttachment 1
Transition tofull-timefirefighter staffing model:
Themost significant staffing impact proposed inthefive-yearplanistheadditionoftwelve (12)
Firefighters tosupport thetransition tofull-timefire fighter staffing model. Thecurrent PLFD
staffing model reliesonPaid-On-Call (POC) firefighters to respond tocalls forservicevia
pager/phone which isachallenging deployment model duetomostPOC firefighters notworking
withinthecityduring theday. Recruitment andretention arealso problems forPLFD asclass
sizeshavedecreased significantly over theyears. From2017-2021, 27firefighters resigned from
PLFDwhich ismore thanhalfthetotal budgeted positions forPLFD. During thatsame time, PLFD
wasonlyabletohirenineteen firefighters tofillthevacancies. Thetimecommitment forPOC
Item1B
Page | 3
firefighters issignificant whichisdifficult onPOC firefighters withfull-timeemployment and
families.
Inaddition, current response times tostructure fires meettheNational FirePrevention Association
NFPA) 1720 Standard only9% ofthetime. Atthesame time, PLFD callvolume hasgrown by
55% infiveyearsfrom440in2016to682in2021. Thisnumber willcontinue toincrease dueto
therapidgrowth ofthearea. Withaseventy-foursquare mileserviceareaandapopulation of
40,000 whenlooking atourcombined service areawithCreditRiver andSpring Lake
Township, transitioning toafull-timefiredepartment isalogical evolution forPLFD.
In2022, thecityapplied forafederal Staffing forAdequate FireandEmergency Response
SAFER) Grant totransition toafull-timefiredepartment. Thegrantwould payforthreeyears of
salary/benefits fornewlyhiredfull-timefirefighters. Thegrantapplication requested three full-time
firecaptains andninefull-timefirefighters toprovide round theclockservicetothePLFD service
areabeginning in2023. Thefull-timefirefighters willallowPLFD to:
1. Establish a24x7x365staffed engine and station:
1Captain and3Firefighters pershiftprovide aneffectivereactionforce forPLFD’scall
volume.
Improve response times forthefirstduetruck. Current turn-outtimeaverages 6
minutes percall.
Full-timecrews would reduce turn-outtime by4-5minutes.
Limitfirespread. Increasethesurvivability ofamedical patient.
2. Deliver highperforming publiceducation:
Mostpubliceducation requests gounfulfilled duetolimited staffing.
3. Perform lifesafety inspections andcode compliance:
Duetoinadequate staffing, lifesafety andcodecompliance inspections arenot
happening.
Full-timefirefighters willperform regular inspections oftargethazards andhigh-volume
occupancies asthegrowth oftheareawillincrease thenumber ofthese types of
structures.
4. Conduct andcreatepre-plans:
Pre-planning ontarget hazardsisnotoccurring duetostaffinglimitations, whichmeans
PLFDresponds tohazardous structures withlimited information.
Full-timestaffwilldevelop apre-planprogram, whichwillincrease thesafetyof
residents andresponders alike.
5. MeetNFPA 1720standards.
6. Improve medical response asfull-timefirefighters arerequired tobecertified EMTs.
PLFD willstillrequire POCfirefighters tosupplement ‘allcalls’ andbackfillabsences ofthefull-
timecrews. Thecurrent PLFDPOC firefighter rosterwillbereduced through attrition/retirement.
PLFDwillevaluate thePOCstaffing needsonanongoing basis.
Staffhasdiscussed several funding options forthefull-timefirefighter staffingmodel. Theoptions
depend ongrant funding, taxlevyincrease andadditional Fire & Rescue Aidrevenue:
Option 1withSAFER grantaward: The cityhasappliedforthefederal SAFERgrant thatwould
fund100% ofthenew full-timefirepersonnel wagesand benefits forthreeyears (2023-2025).
Thefirefighter grantfunding willonly beavailable forthreeyears, sostaffisproposing to
2023202420252026
Year1TransferOutExpenditureforStreetProject - MarshDriveNEExt. 400,000Year2TransferOutExpenditureforFacilitiesCapitalMaintenance500,000Year3TransferOutExpenditureforEquipment - FireLadderTruck - 300,000 1,200,000Year4Firefighterpersonnelcosts1,600,000TotalExpenditures400,000 800,000 1,200,000 1,600,000
PhasedTaxLevyIncreasetofundfirefightersby2026 400,000 400,000 400,000 400,000
Item1B
Page | 4
incrementally increasethetaxlevytoprepare forthecityfullyfunding thefirefighters in2026. This
would bedonethrough anannual transfer outoftheGeneral Fund. Since thisfunding isin
preparation ofour2026 needs, itwillbeusedforcapital project debtreduction untilneeded in
2026forpersonnel funding. Bydoing this, thecitywillpayforcapitalpurchases onapaygobasis,
instead ofissuing debt. Thiswillhelpusminimize future bondissues. Thephased taxlevy
increase isshowninthetablebelow:
Fire & Rescue Services Revenue: Thecosts forthefirefighters areincludedinthecostcalculation
fortheFire & Rescue Services withtheCityofCreditRiverandSpringLakeTownship. However,
sincethecityanticipates 100% grant funding in2023-2025, therewillbenoincremental fire
service revenue received forthese years. Fire agreement revenue would increase by
approximately $500kin2026.
Option 2 -noSAFER grant award: Ifthecitydoesnotreceivethefederal SAFER grant, thecity
could stillincrementally increase thetaxlevyby $400k/year, likeOption 1, toprepare forfull-time
firefighters in2026. This isthesame taxlevyimpactasOption1. However, thefirefighters would
notbehireduntil 2026.
Staffdiscussed incrementally hiringthree firefighters peryear toreachtwelvefull-time
firefighters by2026, however, theFire Chiefindicated thatthiswillnotaddress thedeficient
emergency response timeandnon-emergency servicelevelissuestheFire Department is
presently experiencing. Additionally, 3-4paid on-call (POC) firestaffwouldbeneeded foreach
shift, onadaily basis, toprovide adequate emergency andnon-emergency coverage. Currently
theFireDepartment isfindingitverydifficult tohireandretain POCstaff. TheFireDepartment
issettoloseanadditional 3-4POCFirefighters in2022bringing thetotalPOC staffto33
Firefighters. Theauthorized POCstaffnumber is50. Asking thecurrent POC stafftoschedule
shiftworkalongwith other Department responsibilities, whilebalancing theirpersonallives, is
unrealistic andaset-upforfurther failure ofthePOCmodel.
Option 3 -noSAFERgrant award: Ifthecitydoes notreceive thefederalSAFER grant, thetax
levycouldbeadjusted tohirethetwelvefirefighters in2023. Thiswould resultinanestimated tax
levy of12%. (Under thisscenario, thecitywould alsoincreasethefirecontractrevenue itreceives
from theCityofCredit River andSpringLakeTownship, which isreflected inthe12% taxlevy
impact.) Thisoption hasnotbeen discussed withtheCityofCredit RiverorSpringLake Township
yet. Based onCouncil direction, itwouldbediscussed atourannual summerbudget discussion
meeting.
CityTax Levyand TaxRateProjections:
Based uponthefactorsnotedabove andsummarized onAttachment 1, theprojected taxlevies
andtaxratesareshown below: Thefull-timefireportion oftheprojected taxlevybyyearisas
follows:
PROPERTYTAXPROJECTIONSUMMARY2022Valuation20232023MedianValued - Residential $375,0005.4%$62Residential $600,0007.6%2022$14820232024202520262027SUMMARYOFCHANGEINTAXLEVIESResidential $1,000,0006.2%$216Residential $1,500,0005.6%$302GENERALFUND1,217,000 1,516,000 1,287,000 955,000 983,000Commercial $1,000,0004.4%$273TaxesCommercial $2,000,0004.4%$547DEBTSERVICEFUNDS (57,000) (22,000) 176,000 469,000 414,000Commercial $3,000,0004.4%$820Commercial $4,000,0004.4%$1,094OTHERFUNDS Annual $ Change inTotalCIPFunding135,000 145,000 150,000 160,000 160,000EDAFund11,000 12,000 11,000 12,000 12,000OTHERFUNDS146,000 157,000 161,000 172,000 172,000 Item1BTOTALCHANGEINTAXLEVIES1,306,000 1,651,000 1,624,000 1,596,000 1,569,000 Page | 5TOTALTAXLEVY15,253,00016,521,00018,135,000 19,578,00021,394,00023,213,000
CHANGE INTAXLEVYFORFTFIRETRANSITION- %2.62%2.23%1.89%-0.69%0.08% 2023: 2.6% CHANGE INTAXLEVY - ALLOTHER NEEDS -%5.94%7.74%7.04%8.74%7.24% TOTALCHANGE INTAXLEVY - %6.55%8.56%9.97%8.92%8.05%7.32% 2024: 2.2% TAXCAPACITYTAXRATE - CITY30.47%26.88%28.02%29.02%29.68%30.46% Annual % Change-11.77%4.25%3.55%2.27%2.64% 2025: 1.9% TAXCAPACITYTAXRATE - EDA0.74%0.62%0.60%0.58%0.57%0.56% Annual % Change-16.75%-2.95%-2.53%-2.90%-1.77% 2026 (.69%) (reduction intaxlevyasincrease inFireAgreement revenuebegins in2026)
Asmentioned above, estimated marketvalue hasincreased 18.4% from 2022 to2023. The
estimated increase inmarketvaluefor2024-2026is6% peryear. Forfinancial planning
purposes, thisisreflected inthecalculation ofestimated taxes.
Thetaxrateisplanned todecrease astheproposed levychange islessthantheestimated
change intaxcapacity. Thisisgood news, and itwillminimize theimpactonanindividual property
owner. The2023 impact onaproperty ownerforasample ofproperty types andvaluesisshown
below:
Item1B
Page | 6
Projected TaxRate:
Thechartbelowshowstheprojectedtaxratebasedontheassumptions inthefinancialplan. The
taxrateisprojected toincreaseaswesavefortheimplementationoffull-timefirefightersin2026.
However, theprojectedtaxratesarestilllowerthanthecurrenttaxrateof30.465%
Projected General Fund Reserve
Basedupontheassumptions intheplanningmodel, theprojectedGeneralFundendingfund
balanceasa % ofExpenditures (reserve %) willaverage45% overthefive-yearplanningperiod
of2023-2027. Thefinancialplanconservatively anticipatesthereductioninfundbalanceto45%
withtheadditionofthefull-timefirestaffingmodel. Thisiswithinthecityguidelineof40%-50%
statedintheComprehensive FinancialManagementPlan. Theprojectedfundbalancewillbe
updatedasthefirestaffingisfinalized. Additionally, basedoncitygrowthweanticipatewewill
outperformourbudgetedrevenueprojectionswhichwouldresultinanaddtofundbalance.
Item1B
Page | 7
Debt andDebt Levy Impacts:
Basedontheproposed projectsintheCIP, debtisprojected todecreasefrom $33.8Mattheend
of2021to $31.1Mattheendof2027. Asmentionedabove, staffisproposinga phasedtaxlevy
increase toprepareforfull-timefirefightersby2026. Sincethisfundingisinpreparation ofour
2026needs, itwillbeusedforcapitalprojectdebtreductionuntilneededin2026forpersonnel
funding. Bydoingthis, thecitywillpayforcapitalpurchases of $2.4Monapaygobasis, instead
ofissuingdebt. Thisminimizestheneedforfuturebondissues (debt).
Thechartbelowshowstheprojected annualtaxlevyfordebtservice. Thechart illustratesthat
debtserviceremainsconstantfrom2021-2025 atabout $3,600,000. Basedontheproposed
projectsintheCIP, debtserviceincreasessignificantly in2026and2027 duetobonding (debt
issuance) fortwostreetprojectsin2025 (WildsPkwyReclamationandMartindaleAreaStreet
projects) andthe2026bondingforfacilityworkatCityHallandthePoliceStation. Bothbuildings
werebuiltin2006. Thesignificant facility projectcostsarereplacement ofVAVBoxes, Chillers,
AirHandlers, andCarpet.
Item1B
Page | 8
Overthenextfiveyears, debtpercapitadecreasesasthecitymanagesitsdebtloadandasthe
citycontinues togrow.
Future Funding Needs
ThefinancialplanpresenteddoesnotaddressfuturefundingneedsidentifiedintheDRAFTParks
andTrailsMasterPlan. Theestimatedannualfundingshortfallinthe10-yearParkPlanfor
neighborhoodparkrenovations, majorequipment replacement, andtrailmaintenanceis $450,000
to $500,000peryear. Itisanticipatedthatfollowing theadoptionoftheDRAFTParksandTrails
MasterPlan, andaspartoftheCouncil’s2023Strategic Planningwork, strategies forthefuture
fundingofparkneedswillbegintobedeveloped.
Item1B
Page | 9
Thefinancial plan presented doesnotaddress funding oftheMarshDriveNEroadextension.
Withtherecent construction ofthePikeLakeLanding development northofCH42andeastof
CH21, MarshDrive isconstructed fromCH21eastapproximately 0.30miles. Asacollector road
within thecity’stransportation plan, Marsh Driveisplanned toconnect totheexisting segment at
PikeLakeTrail, ultimately continuing eastthrough theVierlingpropertytoCH18. Thedeveloper
ofthePikeLakeLanding development hasexpressed interest indeveloping additional property
thatprovides anopportunity forthecitytocomplete theconnection toPike LakeTrail. The
completion ofthisconnection requires anestimated $800,000incityfunding fortheportion of
Marsh Drivethatwould beconstructed throughcityproperty. Currently cityfunding intheamount
of $400,000 fromtheGeneralFund isidentified and funding sources fortheremaining $400,000
arebeing evaluated. Asasupporting roadtoCH42asaprincipal arterial, thecounty hasindicated
awillingness toevaluate some levelofcounty funding tofacilitate thecompletion ofthisroad
connection asavitalpartofthelong-termoveralltransportation network inthisarea.
Conclusion
Thereisastrongneedtoimplement aFiredepartment full-timefirefighter staffing model. Asnoted
above, thecurrent PLFD staffing model reliesonPaid-On-Call (POC) firefighters torespond to
calls forservice viapager/phone whichisanincreasingly challenging deployment model.
Recruitment andretention areproblems forPLFDasclasssizeshavedecreased significantly
over theyears. Currentresponse timestostructure firesmeettheNational FirePrevention
Association (NFPA) 1720 Standard only9% ofthetime. Lastly, PLFD callvolume hasgrownby
55% infiveyearsfrom440in2016 to682in2021. Thisnumber willcontinue toincrease dueto
therapidgrowth ofthearea.
Thefinancial modeladdresses funding fortheprimary cityservicepriorities including full-timefire
department staffing, personnel, equipment replacement, facilities replacement/improvement,
pavement management, andEDA funding.
Does Council support staffrecommendation totransition tofull-timefirestaffing through a
phasedtaxlevyincrease over fouryears?
DoesCouncil support thefinancial planning assumptions thataredrivingthe2023-2027
taxlevyandtaxrates?
ATTACHMENTS:
1. Property TaxProjection – Change inTaxLevy Components byYear
2. 2023-2027Personnel Plan
ATTACHMENT 1
PROPERTY TAX PROJECTION SUMMARY
2022 2023 2024 2025 2026 2027
Key Funding Assumptions Increase/(Decrease):
General Fund Non Tax Revenues:
FT Fire SAFER Grant Revenue - The city has applied for the federal SAFER grant that would fund 100%
of the new full-time fire personnel wages and benefits for three years (2023-2025). 1,316,000 96,000 108,000 (1,520,000) -
Township Fire and Rescue Aid - The costs for the firefighters are included in the cost calculation for
the Fire & Rescue Services with the City of Credit River and Spring Lake Township. However, since
the city anticipates 100% grant funding for 2023-2025, there will beno incremental revenue received
from the townships for these years.(42,000) (16,000) (61,000) 499,000 4,000
MSA - Maintenance - The upcoming Fish Point Rd Phase II street reconstruction project will utilize
MSA Bonds.. Repayment for the bond principal comes from the MSA construction funds and
repayment of the bond interest comes from the MSA maintenance funds. The use of MSA
maintenance funds for construction project bond interest payments instead of General Fund street
maintenance funding has been reflected in the financial plan.- (146,000) 106,000 21,000 22,000
SMSC Police Aid - The total SMSC police aid contribution for 2023 is $1M. The financial plan
includes an incremental increase in SMSC aid for Policing which will be adjusted, as needed, based
on the agreement between the SMSC Business Council and the City Council. - 51,000 32,000 32,000 33,000
All Other (74,000) 26,000 75,000 58,000 52,000
Subtotal Change in Non Tax Revenues 1,200,000 11,000 260,000 (910,000) 111,000
General Fund Personnel:
2023 Staff Adds: -
12 Firefighters 1,314,000
Property Room Manager 93,000
Financial Analyst - midyear hire 68,000
Mechanic (0.3)41,000
Recreation Programmer (0.6)41,000
Subtotal Staff Adds 1,557,000 365,000 385,000 334,000 322,000
Existing personnel:
COLA/STEP/Taxes/Benefits 528,000 518,000 532,000 554,000 580,000
Change in positions filled at lower salaries,, decrease in Paid on Call fire personnel costs due to
transition to FT firefighters, PD restructure to remove one CSO position, and decrease in election
judge wage costs since it’s not an election year. (468,000)
Subtotal Change in General Fund Personnel 1,617,000 883,000 917,000 888,000 902,000
ATTACHMENT 1
PROPERTY TAX PROJECTION SUMMARY
2022 2023 2024 2025 2026 2027
General Fund All Other Expenditures/Capital Outlay - Year over year inflation is at 8.2%. The plan
has reflected a 5% increase in costs due to inflation 346,000 197,000 221,000 203,000 84,000
General Fund Change in Fund Balance - For recurring expenditures: in 2023 $44k for Central Garage
fuel costs funded from reserves in 2022. This is an ongoing expenditure items (not one-time), so it
needs an ongoing funding source (tax levy).44,000 - - 150,000 100,000
General Fund Transfer Out to DS Fund 10,000 47,000 9,000 4,000 -
General Fund Transfer Out to Other Funds for Capital Projects to reduce future bonding - The
firefighter grant funding will only be available for three years, so staff has incrementally increased
the tax levy to prepare for city funding of the firefighters in 2026. This is being done through an
annual transfer out of the General Fund. Since this funding is in preparation of our 2026 needs, it
will be used for capital project debt reduction until needed in 2026 for personnel funding. By doing
this, the city will pay for capital purchases on a pay go basis, instead of issuing debt. This will help us
minimize future bond issues (debt) to finance capital purchases.400,000 400,000 400,000 (1,200,000) 8,000
Debt Service:
Annual change in debt service - Staff has worked to maintain the annual debt service tax levy at
approximately $3.6M per year from 2020-projected 2024. The addition of gas & electric franchise
fees dedicated to pavement management has provided a pay go funding source that helps minimize
our bonding/debt financing needs. The transportation plan has the largest impact on the tax levy
due to the issuance of debt. (57,000) (22,000) 176,000 469,000 414,000
Capital Improvement Program (CIP) - Funding for our long-term plans (Equipment, Park
Equipment, Facilities and Transportation) in accordance with 2023-2027 Capital Improvement
Program (CIP).135,000 145,000 150,000 160,000 160,000
EDA funding - incremental increase for wages and expenditures 11,000 12,000 11,000 12,000 12,000
Total Tax Levy $ Change 1,306,000$ 1,651,000$ 1,624,000$ 1,596,000$ 1,569,000$
Total Tax Levy % Change 6.65%8.56%9.97%8.92%8.05%7.32%
Proposed Staff Adds 2024-2027:
2024 – 2 FTE add for a deputy city clerk and public works GIS coordinator
2025 – 2 FTE for police officer and public works maintenance worker
2026 – 2 FTE add for a communications specialist and recreation programmer
2027 – 1 FTE for police officer
FinancialPlanningUpdateJune6, 2022
PriorLakeMN.gov2 directiontimefirestaffingbasedonCouncil -ProceedwithfinancialplanningprocessforfullBegin2023budgetprocessNextSteps:CouncilDirectiononPlanningAssumptionsDebtandDebtLevyImpactsYearPropertyTaxProjectionScenarios-FiveAgenda
PriorLakeMN.gov 2023planneddebtissuance. Thedebtservice % changeisestimatedbasedonthe *2023BaseTaxLevyConsiderations:3YearProjectionAssumptions-5
PriorLakeMN.gov timeFiremodelin2026-incorporatesfinancialimpactofFull–Fireservicecontractwithtownships timeFirestaffingmodel-2025implementationofFull-SAFERGrantrevenuefor2023noproposedincreasefor2023budget–SMSCaidforPolicing Buildingpermitsof150/year RevenueAssumptions:.2026of6% peryear-Financialplanassumesgrowthfor2024Estimatedtaxcapacityhasincreased22.5%.Estimatedmarketvaluehasincreased18.4%. Growthintaxcapacityandmarketvalueassumptionsfrom2022to20234YearProjectionAssumptions-5
PriorLakeMN.gov FTEs)PublicWorks: Maintenance, GISCoordinator, andRecreation Programmer (combined3 •Police: PatrolOfficers (2FTEs)•Administration: DeputyCityClerkandCommunications Specialist (2FTEs)•2027:-2024timefirefighterstaffingmodel (12FTE)-Transitiontofull•RecreationProgrammer (.6FTE)•time (.3FTE)-timetofull-Mechanicconvertingfrompart•midyearhire–FinancialAnalyst •retirementsavingsandconversionofCSOrole)(FTE & budgetneutralwith PolicePropertyRoomManagerconvertedfromopenCSOrole •2023:StaffingChangesperPersonnelPlan5YearProjectionAssumptions-5
PriorLakeMN.gov EDAFundingDebtobligations (existingandproposed)termplans (CIP) -CommitmentstolongFundingtosupportrisingcostsofgoodsandservice6YearProjectionAssumptions-5
PriorLakeMN.gov deploymentmodelchallenging -Call (POC) firefightersrespondtocallsforserviceviapager/phone-On-PaidNeedtoplanforcontinuedincreaseduetorapidgrowth.Firecallvolumehasgrownby55% infiveyearsfrom440in2016to682in2021. planningandpubliceducation.-Notmeetingstandardsforlifesafetyinspections, pre Currentresponsetimesmeetthestandardonly9% ofthetime. Recruitmentandretention: 7timeFirestaffingmodel-Full
PriorLakeMN.gov thefundstopayforcapitalpurchasesonapaygobasis, insteadofissuingdebt. Sincephasedtaxlevyincreaseisinpreparationofour2026needs, thecitycanutilize 2026tofundfirefightersby2026 -Phasedtaxlevyincreasefrom2023year) SAFERgrantaward -2025 (3-2023Option1:FundingOptions:8timeFirestaffingmodel-Full
PriorLakeMN.gov thefundstopayforcapitalpurchasesonapaygobasis, insteadofissuingdebt. Sincephasedtaxlevyincreaseisinpreparationofour2026needs, thecitywillutilize 2026tofundfirefightersby2026 -Phasedtaxlevyincreasefrom2023until2026NoSAFERgrantaward/Firefighters Option2:FundingOptions:9timeFirestaffingmodel-Full
PriorLakeMN.gov FundingOption1ismodeledinthefinancialplanEstimatedtaxlevyincreaseof12% in2023 (3.5% morethanOption1/Option2)NotransferstofundingforcapitalprojectsFirecontractrevenuefromtheCityofCreditRiverandSpringLakeTownship.arehiredin2023NoSAFERgrantaward/Firefighters Option3:FundingOptions:10timeFirestaffingmodel-Full
PriorLakeMN.gov11 Option1FireFunding–PropertyTaxProjectionSummary
PriorLakeMN.gov12 marketvalueAssumes18.4% increase inestimated •Propertyownerestimatedtaximpact•PropertyTaxProjection
PriorLakeMN.gov 30.465%currenttaxrateofstilllowerthantheProjectedtaxratesare •firefightersin2026. time -increaseforfullduetophasedlevytoincreaseovertimeThetaxrateisprojected •baseduetogrowthinthetaxprojectedtodecreaseThe2023taxrateis •13PropertyTaxProjection
PriorLakeMN.gov CityLevy/Tax Capacity = Tax Rate SevenCountyMetroAreaAverageTaxCapacityRate:14YearDebtPerCapitaProjection-5
PriorLakeMN.gov 32.11%32.10%Shakopee40.33%42.25%Savage30. 47%30.27%PriorLake52.22%51.38%NewPrague73.83%73.92%Jordan47.73%45.99%15.56%15.04%CreditRiver92.42%84.38%BellePlaine20222021City CityLevy/Tax Capacity = Tax Rate ScottCountyTaxCapacityRatebyCity:15YearDebtPerCapitaProjection-5
PriorLakeMN.gov workatCityHallandthePoliceStationprojects) andthe2026bonding forfacility ReclamationandMartindaleAreaStreettwostreetprojectsin2025 (Wilds Pkwy Plannednewdebtin2026and2027isfor debt.$2.4Monapaygobasis, instead ofissuing increasetopayforcapitalpurchasestotalingCitywillutilizetheGeneralFundphasedlevy 2027.attheendof2021to $31.1Mattheendof Debtisprojectedtodecreasefrom $33.8M 16YearDebtProjection-5
PriorLakeMN.gov Handlers, andCarpet. replacementofVAVBoxes, Chillers, Air significantfacilityprojectcostsareBothbuildingswerebuiltin2006. The facilityworkatCityHallandthePoliceStation. AreaStreetprojects) andthe2026bonding for 2025 (Wilds Pkwy Reclamation and Martindale in2026and2027duetwostreetprojectsinProposeddebtserviceincreasessignificantly 2025atabout $3.6M.-Debtserviceremainsconstantfrom202117YearTaxLevyforDebtService-5
PriorLakeMN.gov thatistaxsupported.ofrevenueaffecttheportionofdebtserviceThetiming, mix ofproject types, andpledge annualdebtservice. forthehowwepayFundingsourcesare interestpaymentsonthecity’sdebtDebtserviceistheannualprincipaland 18YearTaxLevyforDebtService-5
PriorLakeMN.gov Thetiming, mixofproject types, andpledge ofrevenue affecttheportion ofdebt service thatistaxsupported.thepledgeofrevenuetorepaydebtisassessments/taxlevy-WildsPkwyReclamationStreetproject thepledgeofrevenuetorepaydebtisassessments/MSA/taxlevy–FishPtRdPhIIStreetproject Twofuturestreetprojectexamples:19YearTaxLevyforDebtService-5
PriorLakeMN.gov Thetiming, mixofproject types, andpledge ofrevenue affects theportion ofdebt service thatistaxsupported.2026FacilitiesImprovementsatCityHallandPoliceStation. Replacement ofVAV Boxes, Chillers, Air Handlers, Carpet Membraneroofing–2024FacilitiesImprovementsatCityHallandPoliceStation TwofutureCapitalImprovementprojects:20YearTaxLevyforDebtService-5
PriorLakeMN.gov21 YearDebtPerCapitaProjection-5
PriorLakeMN.gov$400kidentifiedGeneralFundfundingsource/$400kunidentifiedfunding source•Estimatedcostof $800k•CollectorroadplannedtoconnecttoPikeLakeTrail•MarshDriveNEroadextensionStrategicPlanningworkStrategiesforthefuturefundingofparkneedswillbeoneofthetopicsattheCouncil’s2023 •NofundingplanforSandPointBeachandLakefrontParkmajorimprovements•Fundingshortfallof $500k/yearin10yr. CIPforongoingParkandTrailreplacement •ParksMasterPlanFundingFutureFundingNeeds:22YearProjection-5
PriorLakeMN.gov NextStepsandBudgetPublicBudgetMeeting/Adopt FinalTaxLevy –Dec. 5 BudgetWorkSession–Nov. 7 PreliminaryTaxLevyandBudgetPublicBudgetMeeting/Adopt -September19CIPPublicHearing–August15BudgetWorkSession–August1CIPWorkSession–June20FinancialPlanningWorkSession–June623ScheduleLevyand2023Tax
PriorLakeMN.gov rates?taxandlevytax2027-2023thedrivingarethatassumptionsplanningfinancialthesupportCouncilDoes years?fouroverincreaselevytaxphasedathroughstaffingfiretime-fulltotransitiontorecommenda tionstaffsupportCouncilDoes24Council
ITEM: 4ACITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Heidi Simon, CityClerk
PRESENTED BY: HeidiSimon
AGENDA ITEM: Approval oftheMay16, 2022, CityCouncil Minutes
GOAL AREA High-ValueCityServices
OBJECTIVE: 6. Seekcommunity engagement through avariety of
communication methods toreachallresidents.
RECOMMENDED ACTION:
Approval oftheMay16, 2022, CityCouncil Minutes aspresented.
ALTERNATIVES:
1. Motion andsecondtoapprove theMay16, 2022, CityCouncil Minutes aspresented.
2. Motion andsecond torevise theMay16, 2022, CityCouncil Minutes.
ATTACHMENTS:
1. 05162022 CityCouncil Minutes
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
4646 Dakota StreetSE
Prior Lake, MN 55372
CITY COUNCIL MEETING MINUTES
May16, 2022
CALL TO ORDER
MayorBriggs calledthemeeting toorderat7:00p.m. Present wereCouncilors Thompson, Burkart,
Braid andChurchill. Absent: None. Alsoinattendance wasCityManager Wedel, CityAttorney
Kendall, Finance Director Erickson, Community Development Director McCabe, CityClerk Simon.
PUBLIC FORUM
Scott County Sherriff Luke Hennen: Regarding consentagenda item5D; the lifejacketsafety
agreement. Wanted tothank theCityand Council forconsideration ofthispartnership. Believes it
willbringsafetytothecommunity andthelakes. Lookingforward toimplementation inthespring.
APPROVAL OF AGENDA
MOTION BYTHOMPSON, SECOND BYBURKART, TOAPPROVE THEAGENDA ASPRE-
SENTED
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
Themotioncarried.
APPROVAL OF CITY COUNCIL MEETING MINUTES
4A. APPROVE THE MAY 2, 2022, CITY COUNCIL MINUTES
MOTION BYBURKART, SECOND BYBRAID, TOAPPROVE THEMAY2, 2022, CITYCOUN-
CILMEETING MINUTES ASPRESENTED
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
Themotioncarried.
1
CONSENT AGENDA
A. Approval ofClaims Listing
B. Approval ofApril Building Permit Summary Report
C. Approval ofAprilAnimalControl Services Report
D. Approval ofAgreement forScott County Sheriff’sOfficeLifejacket Loaner Station
E. Approval of1stQuarterFinancial Report
F. Approval ofResolution 220-65forTimbercrest TrailProject toAccept BidsandAward
Contract
G. Approval ofResolution 22-066 Approving Improvements forNewCreations Development
H. Approval ofanOrdinance 122-03Amending Section 1120.200ofPriorLake CityCode
andtheOfficial Zoning MapfortheCityofPrior Lake forThePreserve atJeffers Pond and
Resolution 22-067 forpublication
I. Approval ofaResolution 22-068Approving aTemporary Liquor LicenseforBoathouse
Brothers BrewingCo. onSaturday June11, 2022
J. Approval ofaRequest from theOakland Beach Homeowners Association Related toDock
SlipPlacement
MOTION BYBRAID SECOND BYCHURCHILL, TOAPPROVE THECONSENT AGENDA AS
PRESENTED
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
Themotioncarried.
PRESENTATIONS
6A. Audit Presentation byMMKR
Finance Director Erickson introduced thisitemtotheCityCouncil.
Jim Eichten, Managing Partner with MMKR presented theitemfortheCityCouncil.
Braid: Thanked himforthedetailed report andnotedthatitwasverystraight forward. Alsowanted
tothank Director Erickson and herstaffforcontinuing todoanexcellent jobforthecitizens ofour
city inspiteofsomereallychallenging environments overthepastfew years. Theworkandefforts
oftheFinance department arevery muchappreciated.
Briggs: Mirrored Councilor Braid, thanking thefinance department foralltheirhardworkeven
throughpersonnel changes andchanging requirements. Noted thatwhenthecouncilors reviewthe
enterprise funds, theyhave started tomakesomedecisions topayforlongterm costsofthecity.
Wanttoensure thecitizens understand that thosedollars aretopayforanticipated issues thatmay
occur downtheroad tosuccessfully meet theneeds and expectations ofthecity.
MOTION BYBURKART SECOND BYTHOMPSON, TOAPPROVE THE2021 FINANCIAL AUDIT
ASPRESENTED
205162022CityCouncilMeetingMinutes
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
Themotioncarried.
6B. Gallery Apartments Concept Plan atIntersection ofWest Avenue and CH21.
Community Development Director Casey McCabe introduced thisitemtotheCouncil.
Mr. Chase, Chase Real Estate presented theitem totheCityCouncil.
Briggs: Questioned theestimated 350totalvehicle tripsbasedon97units. 350vehicle trips would
equate outtoonlyabout3.5trips perunit?
Chase: Noted thatthecorrectnumber ofvehicle tripsis354andthatperunitestimate iscorrect.
Burkart: Noted thatthishaspotential tobeaveryattractive gateway forthecommunity. Believes
thatthisisapositiveprojectforthecommunity withthechronic shortage ofhousing. Does have
concerns abouttheintersection of21/WestAvenue. Have therebeenanydiscussions about aright-
in/ right-outonlyatWestAvefrombothsidesandcreating access throughthesidestreets?
McCabe: Therehasnotbeenanydiscussions about trafficasofyet.
Burkhart: Hastherebeen discussions withthePrior Lake Revival aboutthetraffic access?
McCabe: Notatthistime.
Burkart: Isthereasidewalk onWest Avenue downto21? There should beone forcitizens to
access thetrailon21. Notonboardwithproviding TaxIncrement Financing (TIF) for anymarket
rateproject, areyou inneed ofone?
Chase: Notatthistime.
Braid: Also hasconcerns aboutWest Avenue andthetraffic thatisgenerated. Additionally con-
cerned thatthereisnocommercial component withthisproject. TheCouncil andEDA areworking
hard formorecommercial options. Would alsoliketoseeafulltraffic study. Believes aroadcon-
nectiontoDuluth wouldbebeneficial. Would notsupport TIF, variance request, orPUD withthis
project. Would muchprefer iftheycamebackwith someform ofacommercial component.
Chase: Notedthat historically acommercial component hasnotbeenbeneficial inpastsimilar pro-
jects.
Churchill: Havetheyhadanydiscussions with theneighbors, ordoyouplantohave anydiscus-
sions withtheneighbors?
Chase: Notallofthembutthatisinthefutureplan. Theneighbor thatisclearly anddirectly im-
pacted hasbeen talked to.
Briggs: Hesitant tomake comments atthisstageoftheproject. Theaspect ofnotwanting tousurp
theplanning commission andtheirfeedback forthisproject - doesn’tsitwellwithhim. Concerns for
trafficflowwiththisproject. Believes therehasbeen requests forcertain easements withthisinter-
section inthepast. Historically thecountyhaswanted toimprove theirintersections andthisoneis
horrible. Would alsolikeanadditional traffic studyasthe3.5tripsperdayperunitstrikes himasa
lownumber.
305162022CityCouncilMeetingMinutes
Chase: Notedthat heisaresident ofPriorLakeandunderstands thetrafficconcerns. Heiswilling
toreview thedrivelane, whichisbasedonlocation ofquality soil.
PUBLIC HEARINGS
7A. Public Hearing for Approval ofResolution 22-069 Approving On-Sale Wine Liquor Li-
cense for Edelweiss Bakery
Wedel introduced theitem totheCouncil.
Publichearing opened at7:40pmopened byBurkhart seconded byBraid.
Nocomments.
Closed PublicHearing at7:41pm byBurkart seconded byBraid.
Braid: Thanking theownersofEdelweiss fortheircontinued business andexpansion intheCom-
munity. Thishasbeenacommunity request manytimes.
Burkart: Alsothanked theowners ofEdelweiss. Gladthattheyarebackinbusiness inPriorLake.
MOTION BYBURKART SECOND BYBRAID, TOAPPROVE RESOLUTION 22-069APPROVING
ON-SALE WINE LIQUOR LICENSE FOREDELWEISS BAKERY.
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
OLD BUSINESS
8A. No OldBusiness.
NEW BUSINESS
9A. APPROVAL OF RESOLUTION 22-070 AUTHORIZING THE SALE OF GENERAL OBLIGA-
TION BONDS, SERIES 2022A
Finance Director Erickson presented theagenda itemtocouncil.
MOTION BYBRAID SECOND BYTHOMPSON, TOAPPROVE RESOLUTION 22-070 AUTHOR-
IZINGTHESALE OFGENERAL OBLIGATION BONDS, SERIES2022A.
405162022CityCouncilMeetingMinutes
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
Themotioncarried.
9B. Approval ofResolution 22-071 Approving aPublic Property Use Permit (PPUP) toAllow
Outdoor Seating on the Public Sidewalk Adjacent to16186 Main Avenue SE
Community Development Director McCabe presented theagenda itemtocouncil.
Burkart: Concerns aboutthefoodtruckthatparksadjacent tothebakery wherethisoutdoor seating
isproposed during thefarmer’smarket asitcreates abottleneck ofpedestrians.
Briggs: Inviting theapplicant tospeak; duringfarmers market where would these tables beinrela-
tiontothefoodtruck?
Joe and Laurie Lin, Edelweiss: Noted concerns withtheirSkillet Joes’ foodtruck inthelocationit
hashistorically been (DakotaStreet) asitgetstobeabitofapedestrian trafficjamonthatsidewalk.
Theyhavebeenindiscission withthebuildingownersastheyowntheparkinglotbehindthebuild-
ing, and theyarefullyinsupport ofmoving theSkillet Joe’sfood trucktotheirbackparking lot to
alleviate thepedestrian trafficonthatsidewalk during thefarmer’smarket.
Briggs: Thiswouldalsoallowthem toleavetheirtablesoutside theentire time.
Churchill: Isalcoholgoing tobeserved outside? Andwould ithavetoberoped off?
Joeand Laurie Lin, Edelweiss: Yes, theyplan tohave abarrier toenclose thatareaoff.
Wedel: Noting pertheregulations that alcohol servicejustneeds tobeserved toadesignated area
soserving justattables would beacceptable.
MOTION BYBURKART SECOND BYCHURCHILL, TOAPPROVE RESOLUTION 22-071APUB-
LICPROPERTY USEPERMIT (PPUP) TOALLOW OUTDOOR SEATING ONTHEPUBLIC SIDE-
WALKADJACENT TO16186MAINAVENUE SE.
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
Themotioncarried.
REMOVED CONSENT AGENDA ITEMS
Noitems were removed.
COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS
Churchill: 5/9Chamber BoardMeeting, 5/10BylawsandCompensation Meeting andPlanning
Commission interviews, 5/11LiveLearn Earnhousing meeting, 5/13SCALEgeneral meeting and
Agendareview
505162022CityCouncilMeetingMinutes
Braid: 5/9EDAmeeting, 5/10PLSLWatershedmeeting, 5/16agendareview
Burkart: 5/3stakeholder eventforHWY169Coalition agreement, Burnsvillebusgaragemodern-
izationgroundbreaking ceremony, suburbantransitboardmeeting, SonnetMontessori ribboncut-
ting, 5/13agendareview,5/16metcouncilandMVTAmeeting
Thompson: 5/10Bylawscompensation, 5/16agendareview
Briggs: 5/6SCALEexecutivemeeting, 5/9Informationmeetingwithresidentialcommercialdevel-
oper, 5/9regionalCouncilmayorsmeeting, 5/9EDAmeeting, 5/10 TourofCityHallandcouncil
chambers withstudents, SonnetMontessoriribbon cutting, 5/11PriorLake/SavageOptimist Lunch-
eon, 5/12discussiononextendingmentoringprogramatPriorLakeHighSchool, 5/13SCALEgen-
eralmeetingandAgendareview
OTHER BUSINESS
ADJOURNMENT
MOTIONBY THOMPSON, SECOND BY CHURCHILL, TOADJOURNTHEMEETING AT 7:57
P.M.
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
Themotioncarried.
Respectfully Submitted,
JasonWedel, CityManager
605162022CityCouncilMeetingMinutes
PaymentsIssued5/7/2022 - 5/20/2022DateChecksACHEFTTotal5/9/2022 2,223.85 2,223.855/10/2022 2,338.11 2,338.115/13/2022 582,067.25 88,170.24 670,237.495/16/2022 1,378.12 1,378.125/20/2022 83,928.30 45,509.53 2,969.04 132,406.87665,995.55 133,679.77 8,909.12 808,584.44
ITEM: 5ACITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Janet Ringberg, Accounting Specialist
PRESENTED BY: CathyEricksonson, Finance Director
AGENDA ITEM: Approval ofClaims Listing
GOAL AREA High-ValueCityServices
OBJECTIVE: 1. Establishfinancial stability forallfunds.
RECOMMENDED ACTION:
Adoptclaimslistingaspresented.
BACKGROUND:
Thecurrent claimslisting isacheckregister which includesachronological listing ofpayments
issued (check, EFT, ACH, and wires) withtheassociated vendorand description oftheclaim
paid. Theoptiontoinclude ageneral ledgeraccount number isnotavailable withthis report.
ALTERNATIVES:
1. Motion andsecond aspartoftheconsent agenda toadopttheclaimslistaspresented.
2. Motion andsecondtoremove theclaims listfromtheconsentagenda foradditional
discussion.
ATTACHMENTS:
1. 5AClaimsListing 06062022
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
CHECK REGISTER FOR CITY OF PRIOR LAKE 1/7Page: 05/31/2022 09:09 AM
User: Janet
DB: Prior Lake
CHECK DATE FROM 05/07/2022 - 05/20/2022
AmountDescriptionVendorNameVendorCheckBankCheckDate
Bank 1 General Bank
2,223.85Apr2022MerchantFeesINVOICECLOUD000280918532(E)105/09/2022
1,869.002022DentalClaimsDELTADENTAL000272138534(E)105/10/2022
469.11Apr2022MerchantCardFeesTRANSFIRST000206938535(E)105/10/2022
2,400.00Apr2022AnimalControl4PAWSANIMALCONTROLLLC000067988536(A)105/13/2022
70.20MileageANDYSTEPHES000271898537(A)105/13/2022
1,485.61PartsAUTOMATEDDOORSERVICEINC000274198538(A)105/13/2022
54.44BatteriesBATTERIESPLUS000021308539(A)105/13/2022
2,259.00WildsLiftStationRehabBOLTON & MENKINC000026378540(A)105/13/2022
4,839.50WildsLiftStationRehab
7,098.50
505.50Apr202214278BluebirdTrailLitigationCAMPBELLKNUTSONPA000280438541(A)105/13/2022
6,620.29Apr2022GeneralMatters
7,125.79
1,077.23Apr2022MiscSuppliesCARLSONHARDWARECOMPANY000031258542(A)105/13/2022
3,840.00ITSupportCOMPUTERINTEGRATIONTECH000037608543(A)105/13/2022
256.00Sonicwall
4,096.00
1,656.009201NSquadsuppliesEMERGENCYAUTOMOTIVETECHINC000054808544(A)105/13/2022
1,096.209201NSquadsupplies
2,752.20
18.20NylockFASTENALCOMPANY000061408545(A)105/13/2022
114.76Shopsupplies
132.96
608.85Apr2022LocatesGOPHERSTATEONE-CALLINC000075258546(A)105/13/2022
280.88Non-ReflectiveStickersGRAFIXSHOPPE000076158547(A)105/13/2022
560.009222Newdecals
840.88
928.99Apr2022UniformsHUEBSCH000275368548(A)105/13/2022
304.96 #10EnvelopesINNOVATIVEOFFICESOLUTIONSLLC000271498549(A)105/13/2022
60.68Young - Business Cards
22.49MiscOfficeSupplies
14.23TableFan
51.97MiscOfficeSupplies
127.34MiscOfficeSupplies
43.28Footrest
624.95
13,621.60Apr2022UnleadedKELLEYFUELSINC000112198550(A)105/13/2022
5,217.84Apr2022Diesel
18,839.44
CHECK REGISTER FOR CITY OF PRIOR LAKE 2/7Page: 05/31/2022 09:09 AM
User: Janet
DB: Prior Lake
CHECK DATE FROM 05/07/2022 - 05/20/2022
AmountDescriptionVendorNameVendorCheckBankCheckDate
11,922.59508GarbagelidMACQUEENEQUIPMENTINC000130548551(A)105/13/2022
1,100.00DemoHeadset
13,022.59
2,465.36PartsMTIDISTRIBUTINGINC000139518552(A)105/13/2022
61.12PaperSuppliesNETWORKSERVICESCOMPANY000143818553(A)105/13/2022
66.10PaperSupplies
359.36PaperSupplies
123.77PaperSupplies
610.35
127.75CameraHolderLaborNOVAKCOMPANIES000149008554(A)105/13/2022
773.50Apr2022RepairPartsO'REILLY AUTOPARTS000150888555(A)105/13/2022
400.00May2022ROWayAppPERRILL000065028556(A)105/13/2022
731.29Apr2022MiscSuppliesPRIORLAKEHARDWARE000166588557(A)105/13/2022
3,741.25ClubPriorCameraAdditionsPRO-TEC DESIGNINC000274298558(A)105/13/2022
314.82MowertiresROYALTIREINC000187328559(A)105/13/2022
1,277.56RoofLeakRepair - MCSCHWICKERT'S TECTA AMERICALLC000279118560(A)105/13/2022
905.72RoofLeakRepair - MC
869.96RoofLeakRepair - MC
967.82RoofLeakRepair - CH
4,021.06
252.00E. ColiTestingUCLABORATORY000212358561(A)105/13/2022
618.26508AirLiftWOLFMOTORCOINC000236758562(A)105/13/2022
10,127.32450AccidentRepairs
10,745.58
665.005604CandyCovePlanReviewWSB & ASSOCIATESINC000237808563(A)105/13/2022
2,114.80SealKitsZAHL-PETROLEUM MAINTENANCECO000261258564(A)105/13/2022
48.85GeneratorkeysZIEGLERINC000265008565(A)105/13/2022
304.00CardinalOverlookAdditionBOLTON & MENKINC000026378566(A)105/20/2022
16,303.362021DowntownReconstruction
940.5021/13 Improvements
304.00MesenbrinkSWPPPInspection
456.00ParkwoodEstatesDevelopment
456.00PikeLakeLandingConstObservation
1,924.00SpringviewMeadows
1,316.00PLLuxuryApartments
22,003.86
150.00Apr2022AT&T atCedarwoodCAMPBELLKNUTSONPA000280438567(A)105/20/2022
2,744.45TuitionReimbursementCHRISTOPHERSCHAEFER000281038568(A)105/20/2022
594.50CanoeRacksCOMMERCIALTRUCKCOLLISION000037278569(A)105/20/2022
1,125.00Jun2022CITManagedBackupCOMPUTERINTEGRATIONTECH000037608570(A)105/20/2022
73.00Erickson - PantsGALLSLLC000070758571(A)105/20/2022
91.25Olson - Pants
164.25
1,048.08SummitRidgeParkConcept & StakeholderHOISINGTONKOEGLERGROUPINC000087308572(A)105/20/2022
1,326.75Ponds & Memorial Park Improvements
CHECK REGISTER FOR CITY OF PRIOR LAKE 3/7Page: 05/31/2022 09:09 AM
User: Janet
DB: Prior Lake
CHECK DATE FROM 05/07/2022 - 05/20/2022
AmountDescriptionVendorNameVendorCheckBankCheckDate
5,067.50LakefrontPark - Watzl's Beach Master Pl
1,380.00HowardLakeParkConcept
8,822.33
33.99CustomSignsINNOVATIVEOFFICESOLUTIONSLLC000271498573(A)105/20/2022
61.59NamePlates
110.57MiscOfficeSupplies
240.48Toner
446.63
241.50PerDiem - AxonConferenceJACINTAHEINZMANN000270898574(A)105/20/2022
241.50PerDiem - AxonConferenceJENNIFERBISEK000271478575(A)105/20/2022
1,102.14Hotel - Axon Conference
1,343.64
180.00Apr2022PDCounselingServicesLEASTSERVICES/COUNSELINGLLC000276138576(A)105/20/2022
180.00Feb2022PDCounselingServices
360.00
7,500.002021YEAuditMMKR & CO000137498577(A)105/20/2022
13.378464PlowSteelTubingNOVAKCOMPANIES000149008578(A)105/20/2022
298.232022DentalClaimsDELTADENTAL000272138579(E)105/16/2022
1,079.89May2022ElectricBillsSHAKOPEEPUBLICUTILITIES000193888580(E)105/16/2022
155.04Apr2022FuelTaxMNDEPTOFREVENUE000136128581(E)105/20/2022
2,814.00Apr202SalesTax
2,969.04
75.00MailboxReimbursementALFREDANDERSONREFMAILB110047105/13/2022
123.39UBrefundforaccount: 40032401ALLENJUSTINREFUND-UB110048105/13/2022
87.50Mat42022TechnologyTimeClassAMANDAFAY00027666110049105/13/2022
84.09Coffee/TeaARAMARKREFRESHMENTSERVICES00001772110050105/13/2022
378.26Coffee
119.60WaterFilter
581.95
75.00MailboxReplacementBARRY & TREVAJAMESREFMAILB110051105/13/2022
75.00MailboxReimbursementBRAD & REBECCAPFEIFERREFMAILB110052105/13/2022
75.00MailboxReimbursementBRIAN & PATSYLUNDQUISTREFMAILB110053105/13/2022
453.83RockBRYANROCKPRODUCTSINC00002905110054105/13/2022
16.56UBrefundforaccount: 30346203BUBBLARRY & KARENREFUND-UB110055105/13/2022
75.00MailboxReimbursementCASSANDRAREIMBERSREFMAILB110056105/13/2022
74.10NaturalGas - 4528 Colorado StSECENTERPOINTENERGY00013570110057105/13/2022
131.55UBrefundforaccount: 30262604CHAPMANCORBINREFUND-UB110058105/13/2022
140.00Apr2022TaiChiInstructorCHRISTINETMORGAN00027316110059105/13/2022
150.00MailboxReplacementCHUCKKADERLIKREFMAILB110060105/13/2022
156.72MedicalSuppliesCINTAS00003506110061105/13/2022
56.34Water - 4662 Dakota StreetSECITYOFPRIORLAKE00016810110062105/13/2022
131.77Apr2022BottledWaterCULLIGANBOTTLEDWATER00003958110063105/13/2022
75.00MailboxReimbursementDAVID & MARTHAAURINGERREFMAILB110064105/13/2022
131.443/8RatchetDELEGARDTOOLCO00004333110065105/13/2022
937.14StreetSweepingsDEM-CON LANDFILLLLC00004360110066105/13/2022
2,071.19Apr2022RefuseDICK'S SANITATIONINC00027918110067105/13/2022
22.18UBrefundforaccount: 10450006DITOTIMREFUND-UB110068105/13/2022
540.00Apr2022YogaInstructorELEANORALLEN00028060110069105/13/2022
CHECK REGISTER FOR CITY OF PRIOR LAKE 4/7Page: 05/31/2022 09:09 AM
User: Janet
DB: Prior Lake
CHECK DATE FROM 05/07/2022 - 05/20/2022
AmountDescriptionVendorNameVendorCheckBankCheckDate
108.11UBrefundforaccount: 30009000ERICKSONKEELEYREFUND-UB110070105/13/2022
17.64UBrefundforaccount: 30884301ERICKSONKEVINREFUND-UB110071105/13/2022
921.29WaterMetersFERGUSONWATERWORKS #251600006231110072105/13/2022
52.19UBrefundforaccount: 10069702FINKSTEVENREFUND-UB110073105/13/2022
118.26UBrefundforaccount: 10082800FINKTYLERREFUND-UB110074105/13/2022
16.35UBrefundforaccount: 30926301FLORESVICTORREFUND-UB110075105/13/2022
39.93UBrefundforaccount: 40622702GALLEJACKIEREFUND-UB110076105/13/2022
291.04UBrefundforaccount: 10539803GEIGERRYANREFUND-UB110077105/13/2022
20.05UBrefundforaccount: 30355302GUSTAFSONTYLERREFUND-UB110078105/13/2022
19.46UBrefundforaccount: 10411200HARTEMICHAELREFUND-UB110079105/13/2022
680.44Repair & Replace Fans - Well #3HAYESELECTRICINC00008315110080105/13/2022
402.47Apr2022MiscSuppliesHOMEDEPOTCREDITSERVICES00008865110081105/13/2022
215.00PermitLabelsIMPRINTSLABEL & DECAL00027961110082105/13/2022
510.00Apr2022LineDanceInstructorJANEBREEGGEMANN00027886110083105/13/2022
75.00MailboxReimbursementJONGRZESKOWIAKREFMAILB110084105/13/2022
23.80UBrefundforaccount: 30913901KAMBALAPALLIYASHWANTHREDDYREFUND-UB110085105/13/2022
2,769.25CSAH21/RevereKIMLEY-HORN & ASSOCIATESINC00011372110086105/13/2022
290.00CoolingUnitServiceKLAMMMECHANICALCONTRACTORSINC00026904110087105/13/2022
1,572.00RepairsfromHydrantFlushing / BeachWaKRUEGEREXCAVATING00011828110088105/13/2022
900.00Pre-Paid CarWashesKWIKTRIP00027279110089105/13/2022
315.00Claim #LMC CA00000114310LEAGUEMNCITIESINSTRUS00012435110090105/13/2022
54.38UBrefundforaccount: 30336200LEIPNITZAW & JUDYREFUND-UB110091105/13/2022
167.89UBrefundforaccount: 40613401LLOYDSARAHREFUND-UB110092105/13/2022
75.00MailboxReplacementMARIAPETERSREFMAILB110093105/13/2022
75.00MailboxReplacementMARYLINDSTROMREFMAILB110094105/13/2022
91.98UBrefundforaccount: 20764500MCGLOTHLENKORY & THERESAREFUND-UB110095105/13/2022
326.62PartsMENARDSLUMBERCO00013318110096105/13/2022
81.56Parts
167.77Parts
575.95
23.00Zurbey - Waterworks OperatorCertMNDEPTOFHEALTH00013618110097105/13/2022
23.00Krenik - Waterworks OperatorCertMNDEPTOFHEALTH00013618110098105/13/2022
23.00Korbel - Waterworks OperatorCertMNDEPTOFHEALTH00013618110099105/13/2022
45.00Korbel2022WastewaterOperatorCertMNPOLLUTIONCONTROLAGCY00013850110100105/13/2022
110.49UBrefundforaccount: 10670000MOLGRENRICHARD & DONNAREFUND-UB110101105/13/2022
138.11UBrefundforaccount: 40565501MORTONGREGORY/DARLENEREFUND-UB110102105/13/2022
235.02UBrefundforaccount: 30363902MOSERSTEVE & RAYANNEREFUND-UB110103105/13/2022
23.85UBrefundforaccount: 40838202PADAVALARAMAKRISHNAREFUND-UB110104105/13/2022
115.53UBrefundforaccount: 10018400PETERMEIERDANREFUND-UB110105105/13/2022
5,000.0021-2748 17321 Sunset AvenueNWPINNACLEFAMILYHOMESMISC-CD110106105/13/2022
5,000.0021-2611 6036 150th Street SE
10,000.00
425.00RepairClubPriorPoolTablePOOLTABLEGUYS00028157110107105/13/2022
14.93UBrefundforaccount: 20249800ROBBSROBERTREFUND-UB110108105/13/2022
1,900.00SafetyChipROCKHARDLANDSCAPESUPPLY00018571110109105/13/2022
1,900.00SafetyChip
70.00)Refund
3,730.00
91.71UBrefundforaccount: 30911501ROTHJOEREFUND-UB110110105/13/2022
450,027.68 #1 Downtown SouthReconstructionRYANCONTRACTINGCO00028153110111105/13/2022
11,501.06SafetyTrainingSAFEASSURECONSULTANTSINC00019016110112105/13/2022
400.72ClubPriorSuppliesSAM'SCLUB00019036110113105/13/2022
CHECK REGISTER FOR CITY OF PRIOR LAKE 5/7Page: 05/31/2022 09:09 AM
User: Janet
DB: Prior Lake
CHECK DATE FROM 05/07/2022 - 05/20/2022
AmountDescriptionVendorNameVendorCheckBankCheckDate
19,676.40Feb2022WaterPurchasesSMSC00019384110114105/13/2022
22,769.60Apr2022WaterPurchases
34,488.80Oct2021WaterPurchases
76,934.80
128.64Apr2022LegalAdsSOUTHWESTNEWSMEDIA00019676110115105/13/2022
350.00May2022SpecialCleansSPECIALIZEDSANITATION00019703110116105/13/2022
58.00UBrefundforaccount: 20681503STABALIZATIONPROJECTREFUND-UB110117105/13/2022
34.41UBrefundforaccount: 40744001TIPPIEAARONREFUND-UB110118105/13/2022
8,457.30GPSTREEBIZLLC00027745110119105/13/2022
404.35SampleCellsUSABLUEBOOK00021882110120105/13/2022
675.41Parts
349.21Fluoride
1,428.97
212.99UBrefundforaccount: 10448003WALLMICHAELREFUND-UB110121105/13/2022
224.76Apr2022ClearLawEnforcementPlusWESTPAYMENTCENTER00023420110122105/13/2022
656.14UBrefundforaccount: 30482002WHITEERICREFUND-UB110123105/13/2022
218.24WaterFiltersARAMARKREFRESHMENTSERVICES00001772110124105/20/2022
1,100.00FireApparatusOperatorTrainingCENTURYCOLLEGE00026955110125105/20/2022
60.12464CylinderfillportCRYSTEELMANUFACTURINGINC00003982110126105/20/2022
40.00BurnPermitDenied - ReturnFeeKELLYMILLERREFUND-MSC110127105/20/2022
300.006/10/2022 BeachPartyKIDSDANCE00011347110128105/20/2022
400.005/21/2022 Muddy BuddyEventKIDSDANCE00011347110129105/20/2022
15.87ForkLatchKitMENARDSLUMBERCO00013318110130105/20/2022
2,500.005/20/2022 Music in theParkMUDDOGSBAND00028112110131105/20/2022
1,000.002022FireworksPRIORLAKEASSOCIATIONINC00016602110132105/20/2022
1,114.50AdobeLicensesSHIINTERNATIONALCORP00027975110133105/20/2022
259.004MiltonDualChuckSNAPONTOOLS00019614110134105/20/2022
49.20Apr2022PhoneBillT-MOBILE00026962110135105/20/2022
390.00OffsiteGroupLessonsTHREERIVERSPARKDISTRICT00008585110136105/20/2022
15.57Donuts - Strategic PlanningMeetingUSBANK00002105110137105/20/2022
121.00Wedel - Meal Plan
85.00Wedel - Dues
35.00Wedel - Dues
66.24Meetingw/KB, ZB, JW
131.40AdminLunch
119.88AnnualSubscription
230.20CityLogoBags
55.00Simon - Clerk's Training
83.80CouncilChambers - Bottled Water
20.99Shipping - PD Equipment
93.8716" Portable Monitor
99.99PortableMonitor
190.19WellnessActivity
55.43USBThumbDrives
222.27CityCouncilWorkshop
30.16DomainRenewal
549.742StandingDesks
246.38Lunch - Strategic Planning
339.54CityCouncilWorkshop
46.00Simon - 2022 Membership Dues
107.33RoxioCD/DVD Burner
326.77Mouse, Adapter, Hard Drive
2,730.00SeasonalBackgroundChecks
214.72CityHallArtwork
75.00Adelmann - DMT Recert
75.00O'Donnell - DMT-G Recert
CHECK REGISTER FOR CITY OF PRIOR LAKE 6/7Page: 05/31/2022 09:09 AM
User: Janet
DB: Prior Lake
CHECK DATE FROM 05/07/2022 - 05/20/2022
AmountDescriptionVendorNameVendorCheckBankCheckDate
96.00TrainingPolos
160.00Duggan - U of F Evolution Training
180.06Training - Hotel
50.00BusTokens
1.67TrailCameraSubscription
11.01TrailCameraSubscription
11.01TrailCameraSubscription
13.00TrailCameraSubscription
28.77Pizza - GASB 87 Training
70.00Etter - 2022 Membership
85.00LeaseAccountingTraining
771.27WTFMotors
215.00Simon - Annual Membership
45.40Coffee
199.98CrimeSceneStorageBoxes
162.39CrimeSceneStorageBoxes
35.99Headphones
261.50GunFlashlights
784.50GunFlashlights
83.95iPadChargingStations
149.97StorageShelving
277.96StorageShelving
112.95Flowers - Terry Muelken
0.9950GBiCloudStorage
25.54EPCRA - Right to Know Fees
1,215.00WTFFlammableCabinet
116.00Brotzler, McCabe - Seminar
315.48PVCSewerGloves
125.96KidHardHats
172.40BluetoothHeadset
35.49Electric3-Hole Punch
17.28SharpieMarkers
72.357133SWATvanlights
328.93WTFMeters
221.49WTFParts
107.43Supplies - Team & Culture Workshop
42.13WorkshopLunch
407.33Lunch - Team & Culture Workshop
18.96Water/OJ - Team & Culture Workshop
122.50Young - Cert Renewal
117.94VandalismRemover
43.00WTFLadderStickers
159.35CoolingFan - Well #3
1,859.89WTFPipes
60.00De-Escalation Seminar
449.99LakefrontPavilionTV
39.53PavilionRenterSupplies
112.66SportsCampSigns
282.66LakefrontMasterPlanSigns
823.42Event, Pickleball Signs
108.71SandwichBoardSign
25.00YouthSportsCampAds
119.88QRCodeSubscription
41.16Fuel - Vandalia Field Trip
57.41BunnyYogaSupplies
700.00GlassBlowingFieldTrip
91.95Young - Notary Stamp
188.36VanRental - Vandalia Field Trip
1,125.00FireTrainingSoftware
299.99)Return TV
CHECK REGISTER FOR CITY OF PRIOR LAKE 7/7Page: 05/31/2022 09:09 AM
User: Janet
DB: Prior Lake
CHECK DATE FROM 05/07/2022 - 05/20/2022
AmountDescriptionVendorNameVendorCheckBankCheckDate
120.00)REfund - Hill House Tour
17.49)Return Markers
365.00)Mager - Training Refund
19,122.54
49,952.33DowntownSouthReconXCELENERGY00014720110138105/20/2022
644.00LightRepair - DT & LakefrontHAYESELECTRICINC00008315110139105/20/2022
6,762.50SpaceNeedsAssessmentOERTELARCHITECTS00015155110140105/20/2022
1 TOTALS:
808,584.44Totalof143Disbursements:
0.00Less0VoidChecks:
808,584.44Totalof143Checks:
ITEM: 5BCITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Heidi Simon, CityClerk
PRESENTED BY: Heidi SImon
AGENDA ITEM: Resolution Approving 2022-2023 LiquorLicenseRenewals
GOAL AREA Public Safety
OBJECTIVE: 4. Ensure asafeandqualitybuiltenvironment.
RECOMMENDED ACTION:
Adoptaresolution approving the2022-2023 LiquorLicense renewals.
BACKGROUND:
TheCity Code provides thattheCityCouncil mayapprove therenewal ofannual on-sale
intoxicating, Sunday liquor, off-saleintoxicating, on-salewine, off-sale3.2maltliquor, on-sale3.2
maltliquor, clublicenses, andbrewer’sonandoff-salelicenses. All licenses expire onthesamethdate, June 30 ofeachyear.
Allapplicants havesubmitted therequired documentation torenewtheir licenses including proof
ofliquorliability insurance. PriorLakeCityOrdinance 301.600statesthatnolicenseshall be
grantedforoperation onanypremisesforwhich taxes, assessments, orotherfinancial claimsof
theCityaredelinquent orunpaid. Allapplicants arecurrentwiththeirfinancial obligations.
ThePriorLakePolice Department hasinvestigated andreported thatinthepastfiveyearsthe
following establishments havebeencitedwithselling alcohol tominors:
2021- Village Liquor
2020- MGM, VillageLiquor
2019- MGM, Teresa’sMexican Restaurant
2018- None
2017- Prior LakeVFW, MGM Wine & Spirits, TJHooligan’s
ThePriorLake PoliceDepartment conducts alcoholcompliance checks onetotwo timeseach
yeardepending onstaffing levels. EachLicensee mustconduct regular liquor service training for
their employees.
FINANCIAL IMPACT:
Included inthisagenda report isExhibitAwhichdetails thelicense typeandfeesfortheapplicants
whohavepaid.
ALTERNATIVES:
1. Motion andsecond aspartoftheconsent agendatoapprove therenewal oftheliquor
licenses listedonExhibit Afor2022-2023.
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Item5B
Page | 2
2. Motion andsecond toremovethisitemfromtheconsentagenda foradditional
discussion.
ATTACHMENTS:
1. 2022 -2023Agenda Exhibit A
2. Resolution – Approval of2022-2023LiquorLicense Renewals
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 22-
A RESOLUTION TO CONSIDER APPROVAL OF THE
LIQUOR LICENSE RENEWALS FOR 2022 - 2023
Motion By: Second By:
WHEREAS, Minnesota Statutes Chapter 340A authorizes theCitytoissueonandoff-sale
liquor, 3.2maltliquor licenses, onsalewineliquor license, Sunday licenses,
clublicenses, andonandoffsalebrewer’slicenses; and
WHEREAS, Prior LakeCityCodesetsforththeapplication process forsuchlicenses; and
WHEREAS, applicants havesubmitted liquor license applications andpaidallfees; and
WHEREAS, pursuant tothePrior Lake CityCodesection 301.600, “nolicense shallbe
granted foroperation onanypremises onwhichtaxes, assessments orother
financial claims oftheCity aredelinquent orunpaid.”
NOWTHEREFORE, BE ITHEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA asfollows:
1. Therecitals setforthabove areincorporated herein.
2. Theliquor licenses fortheapplicants andpremises setforthinExhibit Aarehereby
approved fortheperiod July 1, 2022, toJune 30, 2023.
3. Allpremises shallcomply withPrior Lake City Code301.600nolaterthan June30, 2022, to
beeligible forlicensure.
thPassedandadoptedbythePriorLakeCityCouncilthis6 dayofJune2022.
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
JasonWedel, CityManager
Exhibit A
CityofPriorLake
2022- 2023LiquorLicenses
NameandAddress TypeofLicense LicenseFee
Boathouse BrothersBrewing
16211MainAvenueSE BrewerOff-Sale $ 200.00
PriorLakeMN55372 BrewerTaproomOn-Sale $ 650.00
850.00
CharliesonPrior
3950GreenHeights Trail On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
ExtraInningsSaloon
16299MainAvenueSE On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
Fong'sChineseCuisine
4770PleasantStSuite3 On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
HolidayStationstore
16800DuluthAvenueSE Off-Sale3.2Malt Liquor $ 100.00
PriorLakeMN55372
KwikTrip
16751FishPointRoadSE Off-Sale3.2MaltLiquor $ 100.00
PriorLakeMN55372
Lakers Tavern & Pizza
15750Highway13South On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
MGMWine & Spirits
14173Commerce AvenueNE Off-SaleIntoxicating $ 380.00
PriorLakeMN55372
Perron'sSulLago
16154MainAvenueSE #135 On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372
PlateonMain
16323MainAveSE On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
ThePointe
16691Highway13South On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
PriorLakeAmateur Baseball Assoc. th5181160 StreetSouth On-Sale3.2MaltLiquor $ 500.00
PriorLake, MN55372
PriorLakeVFWPost #6208
16306MainAvenueSE ClubLicense $ 650.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
850.00
Teresa'sMexican Restaurant
6880BoudinStreetNE On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
TJHooligan's
16731Highway13South On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
VikingLiquorBarrel
16290Highway13South Off-SaleIntoxicating $ 380.00
PriorLakeMN55372
VillageLiquor
16731Highway13South #102 Off-SaleIntoxicating $ 380.00
PriorLakeMN55372
TheWildsGolfClub
3151WildsRidgeNW On-SaleIntoxicating $ 6,600.00
PriorLakeMN55372 SundayOn-Sale $ 200.00
6,800.00
TotalLicenseFees $ 71,340.00
ITEM: 5CCITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Steve Hart, Park & Recreation Manager
PRESENTED BY: Andy Brotzler, Public WorksDirector/CityEngineer
AGENDA ITEM: 2022Refuse HaulerLicenseRenewal
GOAL AREA Public Safety
OBJECTIVE: 4. Ensure asafeandqualitybuiltenvironment.
RECOMMENDED ACTION:
Approve theissuance ofa2022Refuse Hauler License totheestablishments listedbelow.
BACKGROUND:
PriorLakeCityCode provides thattheCityCouncil mustapprove therenewal ofallrefuse haulerthlicenses. Alllicenses expire onJune30 ofeach year.
Thefollowing establishments have submitted anapplication andpaidthefeetorenewtheirrefuse
hauler license:
CITYOFPRIORLAKE
2022REFUSEHAULERAPPLICANTS
Buckingham Disposal, Inc. Republic Services
5980 Credit River Road SE 9813Flying CloudDrive
Prior Lake, MN55372 EdenPrairie, MN55347
952) 226-6441 (952) 941-5174ResidentialandCommercial) (Residential andCommercial)
Certified Recycling, LLC Suburban Waste Services
14305 EwingAvenue South POBox 44634
Burnsville, MN55306 EdenPrairie MN 55344
952) 894-1448 (952) 937-8900Recycling) (Residential)
Dick’sSanitation Service, Inc. Waste Management ofMN, Inc.
P.O. Box769 1901Ames Drive
Lakeville, MN55044 Burnsville MN55306
952) 469-2239 (952) 882-2300ResidentialandCommercial) (Residential andCommercial)
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Item5C
Page | 2
Aspen Waste Systems of
Minneapolis
2951Weeks Avenue SE
Minneapolis, MN 55414
612) 884-8000Residential)
FINANCIAL IMPACT:
Refusehaulerfees arebasedonthenumberoftrucks usedtohaul refuse intheCity. Atotalof
4,585.00hasbeen collected fortherefusehauler license renewals.
ALTERNATIVES:
1. Motion andsecondtoapprove theissuance oftherefuse haulerlicenses aslistedabove
aspart oftheconsent agenda.
2. Motion andsecond toremovethisitemfromtheconsentagenda forseparate
discussion.
ITEM: 5DCITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Jason Etter, SeniorAccountant
PRESENTED BY: CathyErickson, Finance Director
AGENDA ITEM: Approval ofApril2022Treasurer'sReport
GOAL AREA High-ValueCityServices
OBJECTIVE: 1. Establishfinancial stability forallfunds.
RECOMMENDED ACTION:
AdopttheApril2022Treasurer’sReport aspresented.
BACKGROUND:
Thepurpose ofthisagendaitem isfortheCouncil toconsider theapproval ofthemonthly
Treasurer’sReport forApril2022. Thisinformation isbeingprovided inaformatwhichcategorizes
thebalances byfund type. Asecondpage isincluded toprovidetheFundBalance Classification
foreach ofthefunds aswell astherestrictions placed upontheirusage. Even though the
business-type fundsmayhave an “unrestricted” fund balance andtheGeneral Fundmayhave
an “unassigned” fund balance, itdoesnotnecessarily meanthebalance isavailable to
appropriate tootherfunds forotheruses. Thereareconstraints inplaceduetothetypeoffund
orbased ontheCity’sfundbalance policy.
FINANCIAL IMPACT:
Staffhasprepared apreliminary summary oftheactivityinthefunds forthemonthofApril2022.
TheTreasurer’sReport reflects beginning cashbalance, receipts, disbursements, andtheending
cashbalance foreachfund. Asshown ontheApril 2022Treasurer’sReport, thebalance ofcash
andinvestments is $42.6million. Ofthisbalance, $41.8million isinvestments and $800thousand
iscash.
TheReportispreliminary, unaudited andwillchange.
Theattached memorandum provides asummary ofthefunddescriptions.
ALTERNATIVES:
1. Motion andsecond aspartoftheconsent agenda toapprovetheApril2022Treasurer’s
Report aspresented.
2. Motion andsecond toremove theTreasurer’sReportfromtheconsent agenda for
additional discussion.
ATTACHMENTS:
1. 2022AprTreasurer'sReport (attach 1)
2. 2022AprTreasurer Report (attach2)
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Item5D
Page | 2
3. 2022AprTreasurer'sReport (attach 3)
TREASURER’S REPORT FUND DESCRIPTIONS
General Fund - Represents the resources to support general operating budget expenditures of the City. The year-
end fund balance represents dollars that have accumulated over a period of time. The City Council has designated
a minimum of 45% of the current operating budget, for working capital to finance city operations.
Water Fund - For the collection of water billing utility revenue. This enterprise fund balance is allocated for the
operational costs of the Water departments and normally reserved for large capital municipal system expenses.
Sewer Fund - For the collection of sewer billing utility revenue. This enterprise fund balance is allocated for the
operational costs of the Sewer department and normally reserved for large capital municipal system expenses.
Water Quality Fund - An enterprise account funded by the storm water charge that is generated on the bi-monthly
water and sewer utility bills. The funds in the account are dedicated to finance water quality improvements
including departmental administration, storm water maintenance operations and improvement projects related to
water quality.
Cable Franchise Fund - Acts as a clearing house for funds received from the cable franchise company as specified
by ordinance.
Capital Park Fund - Dedicated funds received from developers in accordance with the City’s Park Dedication
requirement when land is platted. Funds are collected for the purpose of developing the City’s neighborhood park
and trail system. These dollars are programmed throughout the course of the City’s Capital Improvement
Program.
Police Forfeiture Fund – Special revenue fund created to track criminal and DWI forfeiture revenues and
expenditures.
ED Special Revenue – Reserved and expended at the direction of the Prior Lake Economic Development
Authority for specific economic development activity as allowed by MN Statute. The purpose is to provide
economic incentives for new business expansion within the community.
ED Fed/MN Loan Funds - Accounts for the proceeds of economic development grants received either from the
federal government or the State of Minnesota to provide seed money for a revolving loan account. This provides
economic incentive for new business expansion within the community.
DAG Special Revenue Fund - Special revenue fund related to costs the City incurs in connection with a
subdivision. Fees are paid to the City by the developer when the Development Contract and Final Plat are
approved by City Council. Revenues are used to pay for legal expenses incurred with review and approval of the
plat and inspection services on developer installed-utilities for newly approved subdivisions within Prior Lake.
Federal ARPA Fiscal Recovery Fund – Special revenue fund created to track American Rescue Plan Act funds
received by the City.
Water Revenue Bond Fund – PW Bldg - Debt service fund to pay bonds issued to construct the public works
maintenance building. The capital facility charge generated on the utility bill provides the funding for the bond
payments which occur semi-annually. Funds are transferred from Sewer and Water Fund.
Water Revenue Bond Fund – WT Plant - Debt service fund to pay bonds issued to construct the water treatment
plant. Revenue from the utility bills provides the funding for the bond payments which occur semi-annually.
Funds are transferred from Sewer and Water Fund.
Tax Increment Funds - Represents an accumulation of funds such as bond proceeds and project administration
fees charged to companies requesting project write-downs in the form of tax increment financing for new and/or
redevelopment. The TIF district property taxes are then deposited in a number of tax increment funds established
to track their respective revenue.
Revolving Equipment Fund - A regular replacement schedule for equipment needs of the City in excess of $5,000
has been adopted. Periodic fund transfers are appropriated to provide a funding source for the acquisition and
purchase of new and replacement vehicles and equipment.
Revolving Park Equipment Fund – Consists of funds reserved for the replacement of park equipment.
Facilities Management Fund – Established in conjunction with the Facilities Management Plan (FMP). The FMP
provides a schedule of major repairs, replacements and upgrades to all of the City facilities.
Permanent Improvement Revolving Fund – Consists of funds available for annual street mill and overlay projects
with any remaining funds to be used to provide upfront funding for future improvements.
Construction Fund - Represent unexpended bond proceeds that are reserved to pay for improvement projects
approved by the City Council on an annual basis. These dollars are necessary to complete outstanding
construction contracts and related engineering and professional services.
Street Oversize Fund - Consists of dedicated revenue generated by fees associated with new development and
new construction building permits for the funding of pedestrian related improvements i.e., bikeways, sidewalks,
trails plus right of way acquisition along collector streets and occasional collector street links.
Trunk Reserve Fund - Consists of dedicated revenue generated from utility connection permits and acreage fees
assessed at time of sewer and water installation for the recovering of trunk oversizing costs and central municipal
system improvements i.e., wells lift stations, force mains, etc. These dollars are programmed throughout the
course of the City’s capital improvement plan.
Water Storage Fund - Accounts for the water tower fee that is charged and collected on building permits. This
fund balance is 100% reserved for the construction of elevated and ground water storage facilities.
Debt Service Funds - Represents prepayments of special assessments, property tax collections and special levies
needed to pay the outstanding bonded indebtedness of the City. This fund balance is 100% reserved for the
payment of bond principal and interest.
Agency Fund - Accounts for the residential building permit deposit that is refunded to the building contractor
upon final inspection. This provides financial assurance that the property site will be adequately cleaned up and
debris free before an occupancy permit is granted.
Severance Compensation Fund – Internal Service Fund established to partially fund the City’s compensated
absence liability associated with the accrued vacation and sick leave for employees upon termination as
recommended by the State Auditor’s Office.
Insurance Fund – Internal Service Fund established to track revenues and expenditures related to insurance funds.
City of Prior Lake
Treasurers Report
April 2022
Fund 4/1/2022 4/30/2022
Fund Type & Name No. Balance Receipts Disbursements Balance
Business-Type Funds
Water Fund 601 5,944,942.51$ 586,622.17$ 258,707.17$ 6,272,857.51$
Sewer Fund 604 3,305,422.67 672,480.91 247,788.25 3,730,115.33
Water Quality Fund 602 1,992,287.26 196,223.05 52,374.38 2,136,135.93
Total Business-Type Funds 11,242,652.44$ 1,455,326.13$ 558,869.80$ 12,139,108.77$
Governmental-Type Funds
General Fund 101 9,397,886.63$ 432,663.86$ 1,801,449.39$ 8,029,101.10$
Special Revenue Funds
Cable Franchise Fund 210 117,275.65$ 5,494.25$ 3,576.00$ 119,193.90$
Capital Park Fund 225 1,634,910.83 3,418.19 1,468.50 1,636,860.52
Police Forfeiture Fund 235 171,119.47 158.57 20,210.00 151,068.04
EDA Special Revenue 240 28,567.99 2,067.44 13,066.83 17,568.60
Econ Dev Federal Revolving Loan Fund 250 133,914.13 140.72 - 134,054.85
Econ Dev MN Revolving Loan Fund 255 - - - -
Developer Agreement Fund 260 1,564,521.51 16,864.11 201,431.14 1,379,954.48
Federal ARPA Fiscal Recovery Fund 265 1,488,793.64 275.44 - 1,489,069.08
Total Special Revenue Funds 5,139,103.22$ 28,418.72$ 239,752.47$ 4,927,769.47$
Capital Project Funds
Tax Increment 402 -$ -$ -$ -$
TIF #1-3 413 117,773.93 123.76 - 117,897.69
TIF #3-1 414 352,096.74 369.98 - 352,466.72
TIF #5-1 416 11,426.44 12.01 - 11,438.45
TIF #6-1 417 468,597.23 492.40 - 469,089.63
TIF #1-4 418 - - - -
TIF #1-5 419 36,381.34 38.23 - 36,419.57
Revolving Equipment Fund 410 925,243.17 872.85 94,586.09 831,529.93
Revolving Park Equipment Fund 430 1,170,752.39 1,214.56 14,897.22 1,157,069.73
Facilities Management Fund 440 1,334,316.48 1,375.95 24,877.65 1,310,814.78
Permanent Impr Revolving Fund 450 331,464.13 131,560.75 - 463,024.88
Construction Fund 501 1,572,063.15 585,303.46 166,264.99 1,991,101.62
Trunk Reserve Fund 502 5,297,814.63 80,936.02 - 5,378,750.65
Street Oversize Fund 503 1,423,277.42 1,495.57 - 1,424,772.99
Water Storage Fund 505 - - - -
Total Capital Project Funds 13,041,207.05$ 803,795.54$ 300,625.95$ 13,544,376.64$
Debt Service Funds
314-351 &
549-573 $ 2,556,236.96 9,455.17$ -$ 2,565,692.13$
Agency Fund 801 740,325.00$ 24,250.00$ -$ 764,575.00$
Total Governmental Type Funds 30,874,758.86$ 1,298,583.29$ 2,341,827.81$ 29,831,514.34$
Internal Service Funds 7xx 650,788.49$ 4,108.22$ -$ 654,896.71$
Total All Funds 42,768,199.79$ 2,758,017.64$ 2,900,697.61$ 42,625,519.82$
Investment Pool & Ratio as of 4/30/2022 98.18% 41,851,690.03$
This report does not reflect financial obligations from contracts, agreements, purchases, services received, etc.
City of Prior Lake
Treasurers Report
April 2022
Fund Type & Name Fund Balance Classification Constraints
Business-Type Funds
Water Fund Unrestricted Identified on utility bill for this purpose
Sewer Fund Unrestricted Identified on utility bill for this purpose
Water Quality Fund Unrestricted Identified on utility bill for this purpose
Governmental-Type Funds
General Fund Unassigned Cash flow, emergencies, one-time opportunities
Special Revenue Funds
Cable Franchise Fund Assigned for communications Statutory obligation to use for PEG access
Capital Park Fund Assigned for capital improvements Contractually obligated; park dedication fees
EDA Special Revenue Assigned for development Economic Development
Econ Dev Federal Revolving Loan Fund Restricted for economic development Economic Development
Econ Dev MN Revolving Loan Fund Restricted for economic development Economic Development
Developer Agreement Fund Assigned for development Contractually obligated;
Federal ARPA Recovery Funds Restricted for equipment and improvements Contractually obligated
Capital Project Funds
Tax Increment Restricted for tax increment Contractually obligated by tax increment agreements
TIF #1-3 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #1-4 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #3-1 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #4-1 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #5-1 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #6-1 Restricted for tax increment Contractually obligated by tax increment agreements
Revolving Equipment Fund Assigned for capital improvements Identified for equipment replacement
Revolving Park Equipment Fund Assigned for capital improvements Identified for park equipment replacement
Facilities Management Fund Assigned for capital improvements Identified for funding Facilities Management Plan
Permanent Improvement Revolving Fund Assigned for capital improvements Identified for funding street improvement projects
Construction Fund Restricted for capital improvements Construction projects in progress
Trunk Reserve Fund Assigned for capital improvements Contractually obligated by developer agreements
Street Oversize Fund Assigned for capital improvements Contractually obligated by developer agreements
Water Storage Fund Assigned for capital improvements Contractually obligated by developer agreements
Debt Service Funds Restricted for Debt Service Reserved for contractually obligated debt service
Agency Fund N/A Escrows to be reimbursed to depositors
Internal Service Funds Unrestricted Identified as payment for severance compensation and insurance
ITEM: 5ECITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Christine Watson, PublicWorks Coordinator
PRESENTED BY: Andy Brotzler, Public WorksDirector/CityEngineer
AGENDA ITEM: Approve Agreement withtheMetropolitan Council forWater
Efficiency Grant
GOAL AREA Environmental Stewardship & Recreation
OBJECTIVE: 1. Provide cleanandsafedrinking waterforthecommunity and
protect drinking waterresources.
RECOMMENDED ACTION:
Approve andexecuteanagreement withtheMetropolitan Council forawater efficiency grant.
BACKGROUND:
TheMetropolitan Council hasrenewed theirwaterefficiency grantprogramtorunforanother two-
year cycle fromJuly1, 2022 through June 30, 2024. Theprogram allows municipalities tooffer
rebatestowatercustomers whopurchase andinstallwater-efficientappliances and/orirrigation
devices toreplace older, less efficient models. Thecity hasbeenawarded a $9,600grant from
theMetropolitan Council forthisnewgrant cycle witharequired matching cityshareof $2,400.
Thisallows theprogram tobeexpanded toinclude indoor appliances asillustrated below (the
currentprogram, which expires June30th, includes irrigation controllers only).
Est. Gal # of Est. Total Rebate Total CityCost MCESCost
Item Saved/Yr Rebates GalSaved Max Rebate (20%) (80%)
Dishwasher 5,000 15 75,000 $300 $4,500 $900 $3,600
Toilet 7,500 15 112,500 $100 $1,500 $300 $1,200
Washingmachine 3,000 15 45,000 $300 $4,500 $900 $3,600
Irrigationcontroller 8,000 15 120,000 $100 $1,500 $300 $1,200
352,500 $12,000 $2,400 $9,600
Theprogram allowsflexibility toissue more rebates foronetypeofdevice thananother ifoneis
clearlymorepopularwith residents. Theprogram isnotlocked intoaspecific number ofeach
typeaspresented intheestimates above, andthe program willbemanaged financially uptothe
totalfunding amount of $12,000.
Anewwebsite pageandsocialmediapostshavebeendrafted topromote thisprogram, anda
newonline formwillbeusedbyresidents tosubmittheirapplications.
FINANCIAL IMPACT:
The citywill paytherebatestotheresidents up-front, thengetreimbursed 80% bythe
Metropolitan Council onaquarterly basis. Rebates willbepaidfromtheWater Utility Fund.
Approximately ten (10) hoursofstafftimewillbeneeded permonth toadminister thisprogram.
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Item5E
Page | 2
ALTERNATIVES:
1. Motion andsecond toapprove andauthorize theexecution ofanagreement withthe
Metropolitan Council forawaterefficiency grant aspartoftheconsentagenda.
2. Motion andsecond toremovethisitemfromtheconsentagenda foradditional
discussion.
ATTACHMENTS:
1. PriorLake MCES Water Efficiency GrantAgreement - Attach 1
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METROPOLITAN COUNCIL
CLEAN WATER FUND GRANT AGREEMENT NO. SG-17781
This Clean Water Fund Grant Agreement ("Grant Agreement") is entered into between the Metropolitan
Council, a public corporation and political subdivision of the State of Minnesota ("Council") and the City of Prior
Lake, a municipal corporation ("Grantee").
RECITALS
1. Minnesota Session Laws 2021, 1st Special Session, Chapter 1, Article 2, Section 8, appropriated
to the Council funds from the Legacy Amendment's Clean Water Fund ("Clean Water Fund") for State fiscal
years 2022 and 2023, to establish a water demand reduction grant program to encourage municipalities in the
metropolitan area to implement measures to reduce water demand to ensure the reliability and protection of
drinking water supplies.
2. The Council is authorized by Minnesota Statutes sections 473.129, subdivision 4 to apply for and
use grants from the State for any Metropolitan Council purpose and may dispose of the money in accordance with
the terms of the appropriation.
3. The Grantee is authorized to receive grants from the Clean Water Fund for a water demand
reduction program to implement measures to reduce water demand to ensure the reliability and protection of
drinking water supplies.
4. On May 4, 2022, the Council authorized the granting of portions of the appropriation to the
Grantees participating in the grant program.
5. The Grantee represents that it is duly qualified and agrees to perform all services described in this
Grant Agreement to the reasonable satisfaction of the Council.
GRANT AGREEMENT
1. Term of Grant Agreement.
1.1. Effective Date. The effective date of this Grant Agreement is the date this agreement is fully
executed.
1.2. Grant Activity Period. The first day of the month following the Effective Date through and
including the expiration date.
1.3. Expiration Date. Upon satisfactory fulfillment of obligations, but in no event later than June 30,
2024.
1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of
this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13. Data
Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility.
2. Duties, Representations and Warranties of Grantee and Use of Grant Funds.
2.1. The Grantee agrees to conduct, administer and complete in a satisfactory manner and in accordance
with the terms and conditions of this Grant Agreement the program ("Grantee Program") which is
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described in Grantee's application to Council for assistance under the Council's Clean Water Fund grant
program. Grantee’s application is incorporated into this Grant Agreement as Exhibit A. Grantee agrees
to perform the Grantee Program in accordance with the timeline in Exhibit B of this Grant Agreement
and to undertake the financial responsibilities described in Exhibit B. The Grantee has the responsibility
and obligation to complete the Grantee Program as described in Exhibit B. The Council makes no
representation or warranties with respect to the success and effectiveness of the Grantee Program. The
Council acknowledges that Grantee Program work may be limited to soliciting participation by its
residents and businesses in the Grantee Program and requires additional work by the Grantee only to the
extent that residents and businesses choose to participate in the Grantee Program, as described in
Exhibit B.
The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants
for qualifying activities.
2.2. Grantee Representations and Warranties. The Grantee represents and warrants to Council, as
follows:
A. It has the legal authority to enter into this Grant Agreement and to conduct and administer
the Grantee Program and use the Grant Funds for the purpose or purposes described in this Agreement
B. It has taken all actions necessary for its execution of the Agreement and has provided to
Council a copy of the resolution by its governing body authorizing Grantee to enter into this Agreement.
C. It has the legal authority to undertake the Clean Water Fund Grant Program, including the
Grantee’s financial responsibilities in Exhibit B
D. As specified in Exhibit A only Grantee’s authorized representative may provide certifications
required in this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs.
E. It will comply with all the terms of this Agreement.
F. It will comply with all requirements of Clean Water Funding legislation and appropriations,
except for requirements that this Grant Agreement explicitly states will be handled by the Council.
G. It has made no material false statement or misstatement of fact in connection with the Grant
Funds, and all of the information it has submitted or will submit to the Council relating to the Grant Funds
or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all
representations contained in its application for the Clean Water Fund Grant are material representations
of fact upon which the Council relied in awarding this Grant and are incorporated into this Agreement by
reference.
H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before
any judicial body or governmental authority against or affecting it and is not in default with respect to any
order, writ, injunction, decree, or demand of any court or any governmental authority which would impair
its ability to enter into this Grant Agreement, or to perform any of the acts required of it in the Agreement.
I. Compliance with the requirements of this Grant Agreement is not prevented by, is a breach
of, or will result in a breach of, any term, condition, or provision of any agreement to which it is bound.
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J. The Grantee Program will not violate any applicable zoning or use statute, ordinance,
building code, rule or regulation, or any covenant or agreement of record relating thereto.
K. The Grantee Program will be conducted in full compliance with all applicable laws,
statutes, rules, ordinances, and regulations issued by any federal, state, or other political subdivisions
having jurisdiction over the Grantee Program.
L. It will comply with the financial responsibility requirements contained in Exhibit B.
M. It will furnish satisfactory evidence regarding these representations if requested by the
Council.
3. Time.
Grantee must comply with all time requirements described in this Grant Agreement. In the
performance of this Grant Agreement, time is of the essence.
4. Eligible Costs.
Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee for 80% of
rebate or grant payments as defined in Exhibit B. The Council will not reimburse Grantee for non-eligible
costs. Any cost not defined as an eligible cost or not included in the Grant Grantee Program or approved
in writing by the Council is a non-eligible cost.
5. Consideration and Payment.
5.1 Consideration. The Council will reimburse Grantee for eligible costs performed by the Grantee
during the Grant Period as specified in this agreement. The Council bears no responsibility for any cost
overruns that may be incurred by the Grantee or sub-recipients of any tier. The initial Grant amount to
Grantee under this Grant Agreement is $9,600. The Grantee may be eligible to receive additional Grant
amounts or an adjustment in Grant amount in accordance with the procedure in the Grant Amendment
Form attached and incorporated as Exhibit C. Upon signature by both Grantee and Council on Exhibit C
this Grant is amended by the amount in Exhibit C.
5.2. Advance. The Council will make no advance of the Grant Amount to Grantee.
5.3. Payment. To receive payment, the Grantee must submit a Reimbursement Request on forms
provided by the Council, including electronically scanned receipts to verify the cost of eligible devices
reported for each reporting period. Reimbursement Request must be submitted quarterly, even if there are
no eligible costs to report. The Grantee must describe its compliance with its the financial requirements,
work completed including specific addresses where work was done, and provide sufficient documentation
of grant eligible expenditures and any other information the Council reasonably requests. The Council
will promptly pay the Grantee after the Grantee presents to the Council a Reimbursement Request and
scanned copies of all receipts verifying the cost for all eligible devices reported and the Council’s
Authorized Representative accepts the invoiced services.
6. Conditions of Payment.
6.1. For each approved device for which Grantee requests payment, Grantee must certify the following
to the Council: (1) the device has been purchased ; (2) Grantee received receipts for the device; (3) the
purchase was not performed in violation of federal, state, or local law, or regulation.
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6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Council to make
reimbursement payments is subject to the following conditions precedent:
A. The Council’s receipt of a Reimbursement Request/Progress Report for the funds
requested, and electronic copies of receipts verifying the cost for all eligible devices for that reporting
period
B. If requested by the Council (in form and substance acceptable to the Council), evidence
that (i) the Grantee has legal authority to and has taken all actions necessary to enter into this Agreement
and (ii) this Agreement is binding and enforceable against the Grantee.
C. There is no Event of Default under this Grant Agreement or event which would constitute
an Event of Default but for the requirement that notice be given or that a period of grace or time elapse.
D. The Grantee has supplied to the Council all other items that the Council may reasonably
require to assure good fiscal oversight of state's funding through the Clean Water Fund.
7. Authorized Representative.
The Council’s Authorized Representative is:
Name: Brian Davis or successor
Title: Principal Engineer
Mailing Address: 390 North Robert Street
St. Paul, MN 55101
Phone: (651) 602-1519
E-Mail Address: brian.davis@metc.state.mn.us
The Council’s Authorized Representative has the responsibility to monitor the Grantee’s performance and
the authority to accept the services provided under this Grant Agreement. If the services are satisfactory,
the Council’s Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee’s Authorized Representative is:
Name: Christine Watson, Public Works Coordinator
Mailing Address: 17073 Adelmann St SE, Prior Lake, MN 55372
Phone: 952-447-9855
E-Mail Address: cwatson@PriorLakeMN.gov
If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantee
must immediately notify the Council and within 30 days provide a new City resolution (if such resolution
is necessary) specifying the new Representative.
8. Assignment, Amendments, Waiver, and Grant Agreement Complete.
8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant
Agreement without the prior written consent of the Council and a fully executed Assignment Agreement.
8.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be
effective until it has been executed and approved by the appropriate parties.
5
8.3 Waiver. If the Council fails to enforce any provision of this Grant Agreement, that failure does
not waive the provision or its right to enforce it.
8.4 Grant Agreement Complete. This Grant Agreement contains all negotiations and agreements
between the Council and the Grantee. No other understanding regarding this Grant Agreement, whether
written or oral, may be used to bind either party.
9. Liability and Insurance.
9.1 Liability. The Grantee and the Council agree that they will be responsible for their own acts and
the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the
other party and the results thereof. The liability of the Council is governed by the Minn. Stat. Chapter 466
and other applicable laws. The liability of the Grantee is governed by the provisions contained in
Chapter 466 and other applicable laws.
9.2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be
construed in any manner as creating or establishing the relationship of co-partners or a joint venture
between the Grantee and the Council, nor shall the Grantee be considered or deemed to be an agent,
representative, or employee of the Council in the performance of this Grant Agreement, or the Grantee
Program.
The Grantee represents that it has already or will secure or cause to be secured all personnel required for
the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other
persons while engaging in the performance of this Grant Agreement the Grantee Program shall not have
any contractual relationship with the Council related to the work of the Grantee Program and shall not be
considered employees of the Council. In addition, all claims that may arise on behalf of said personnel or
other persons out of employment or alleged employment including, but not limited to, claims under the
Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its
officers, agents, contractors, or employees shall in no way be the responsibility of the Council. Such
personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any
kind whatsoever from the Council, including but not limited to, tenure rights, medical and hospital care,
sick and vacation leave, disability benefits, severance pay and retirement benefits.
10. Audits.
Under Minn. Stat. § 16C.05, subd. 5, the Grantee’s books, records, documents, and accounting procedures
and practices relevant to this Grant Agreement are subject to examination by the Council and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of
this Grant Agreement.
11. Government Data Practices.
The Grantee and Council must comply with the Minnesota Government Data Practices Act, Minn. Stat.
Chapter 13, as it applies to all data provided by the Council under this grant contract, and as it applies to
all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this
Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in
this clause by either the Grantee or the Council. If the Grantee receives a request to release the data
referred to in this Clause, the Grantee must immediately notify the Council.
12. Workers’ Compensation.
6
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’
compensation insurance coverage. The Grantee’s employees and agents will not be considered Council
employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these
employees and any claims made by any third party as a consequence of any act or omission on the part of
these employees are in no way the Council’s obligation or responsibility.
13. Data Availability.
To the extent and as requested by the Council, Grantee agrees to comply with Minn. Stat. § 114D.50,
subd. 5 requirements for data collected by the Grantee Programs funded with money from the Clean Water
Fund that have value for planning and management of natural resources, emergency preparedness and
infrastructure investments, including but not limited to the requirement that to the extent practicable,
summary data and results of Grantee Programs funded with money from the Clean Water Fund should be
readily accessible on the internet and identified as a Clean Water Fund Grantee Program. The Council
will put overall summary information on the internet and will encourage the Grantee put its city
information on the web. Grantee understands and agrees that Council may list its name and summary
information on the internet or in any other Grantor reporting.
Data collected by the Grantee Programs, if any, funded with money from the Clean Water Fund that have
value for planning and management of natural resources, emergency preparedness, and infrastructure
investments must conform to the enterprise information architecture developed by the Office of MN.IT
Services. Spatial data must conform to geographic information system guidelines and standards outlined
in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Minnesota
Geospatial Information Office. A description of these data that adheres to the Office of MN.IT Services
geographic metadata standards must be submitted to the Minnesota Geospatial Information Office to be
made available online through the clearinghouse and the data must be accessible and free to the public
unless made private under chapter 13. To the extent practicable, summary data and results of the Grantee
Program funded with money from the clean water fund should be readily accessible on the Internet and
identified as a Clean Water Fund Grantee Program.
14. Governing Law, Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for
all legal proceedings out of this Grant Agreement, or its breach, must be in the appropriate state or federal
court of competent jurisdiction in Ramsey County, Minnesota.
15. Termination.
The Council may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written
notice to the Grantee. Upon termination, the Grantee will be entitled to payment for services prequalified
and satisfactorily performed before the termination notice.
16. Data Disclosure.
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the Council, to federal and state tax agencies and Council personnel involved in the payment of Council
obligations. Grantee will require compliance with this Section 16 by Grantee’s subrecipient of Grant
funds and shall submit evidence of such compliance to Council as requested.
17. Notices.
7
In addition to any notice required under applicable law to be given in another manner, any notices required
hereunder must be in writing and must be personally served or sent by email or United States mail, to the
business address of the party to whom it is directed. The business address is the address specified below
or such different address as may be specified, by either party by written notice to the other:
To the Grantee at:
Christine Watson, Public Works Coordinator
17073 Adelmann St SE, Prior Lake, MN 55372
952-447-9855
cwatson@PriorLakeMN.gov
To the Council’s Authorized Representative at:
Name: Brian Davis or successor
Title: Principal Engineer
Mailing Address: 390 North Robert Street
St. Paul, MN 55101
Phone: (651) 602-1519
E-Mail Address: brian.davis@metc.state.mn.us
18. Miscellaneous.
18.1 Report to Legislature. As provided in Minn. Stat. § 3.195, the Council must submit a report
on the expenditure and use of money appropriated under the Clean Water Fund to the legislature by
January 15 of each year. The report must detail the outcomes in terms of additional use of Clean
Water Fund resources, user satisfaction surveys, and other appropriate outcomes. The grantee agrees
to provide to the Council by January 1 of each year a report on any user satisfaction surveys it has
related to this Grantee Program, and other appropriate outcomes of the Grantee Program as prescribed
in Section 18.3 of this Agreement.
18.2 Supplement. The funds granted under this agreement are to supplement and shall not
substitute for traditional sources of funding. Grantee certifies to the Council that there was and is no
traditional Grantee sources of funding for the City to help fund 80% of the subject water efficiency
rebate or grant work.
18.3 Measurable Outcomes. A Grantee Program or program receiving funding from the Clean
Water Fund must meet or exceed the constitutional requirement to protect, enhance, and restore water
quality in lakes, rivers and streams and to protect groundwater and drinking water from degradation.
A Grantee Program or program receiving funding from the Clean Water Fund must include
measurable outcomes, as defined in Minn. Stat. § 3.303, subdivision 10, and a plan for measuring
and evaluating the results. A Grantee Program or program must be consistent with current science
and incorporate state-of-the-art technology. All information for funded Grantee Program work,
including the proposed measurable outcomes, must be made available for publication on the web site
required under Minn. Stat. § 3.303, subdivision 10, as soon as practicable and forwarded to the
Council and the Legislative Coordinating Commission under the provisions of Minn. Stat. § 3.303,
subd. 10. The Grantee must compile and submit all information for funded Grantee Programs or
programs, including the proposed measurable outcomes and all other items required under Minn.
Stat. § 3.303, subdivision 10, to the Council and, if requested by the Council, the Legislative
Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year,
whichever comes first.
8
18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented
according to section 16B.98 and must account for all expenditures.
18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on
Grantee Programs that benefit Minnesota waters.
18.6 Website. If the Grantee has information on its website about the water efficiency grant
program under Minn. Stat. § 114D.50, the Grantee will when practicable in accordance with Minn.
Stat. § 114D.50, subd. 4(f) prominently display on the Grantee’s website home page the Legacy logo
accompanied by the phrase "Click here for more information." When a person clicks on the Legacy
logo image, the website must direct the person to a web page that includes both the contact
information that a person may use to obtain additional information, as well as a link to the Council’s
and Legislative Coordinating Commission Website required under section 3.303, subdivision 10.
18.7 Future Eligibility. Future eligibility for money from the Clean Water Fund is contingent upon
the Grantee satisfying all application requirements related to Council’s fulfillment of Minn. Stat.
114D.50 as well as any additional requirements contained in 2021, 1st Special Session, Chapter 1,
Article 2, Section 8.
18.8 Prevailing Wages. The Grantee agrees to comply with all of the applicable provisions contained
in chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat.
177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect
to the Grantee Program. By agreeing to this provision, the Grantee is not acknowledging or agreeing that
the cited provisions apply to the Grantee Program.
18.9 Disability Access. Where appropriate, Grantee of clean water funds, in consultation with the
Council on Disability and other appropriate governor-appointed disability councils, boards, committees,
and commissions, should make progress toward providing greater access to programs, print publications,
and digital media for people with disabilities related to the programs the recipient funds using
appropriations made in this agreement.
18.10. General Provisions.
i) Lawsuit. This Grant shall be canceled if a court determines that the appropriation
illegally substitutes for a traditional source of funding.
ii) Termination Due to Lack of Funds. Grantee recognizes that Council’s obligation to
reimburse Grantee for eligible Grantee Program costs is dependent upon Council’s receipt of funds
from the State of Minnesota appropriated to Council under 2021 Session Laws, 1st Special Session,
Chapter 1, Article 2, Section 8. Should the State of Minnesota terminate such appropriation or
should such funds become unavailable to Council for any reason, Council shall, upon written
notice to Grantee of termination or unavailability of such funds, have no further obligations for
reimbursement or otherwise under this Grant Agreement. In the event of such written notice,
Grantee has no further obligation to complete the Grantee Program as required by this Grant
Agreement.
19. Default and Remedies.
19.1 Defaults. The Grantee's failure to fully comply with any of the provisions contained in this Grant
Agreement constitute an event of default ("Event of Default").
9
19.2. Remedies. Upon an event of default, the Council may exercise any one or more of the following
remedies:
a. Refrain from disbursing the Grant.
b. Demand that all or any portion of the Grant already disbursed be repaid to it, and upon such
demand the Grantee shall repay such amount to the Council.
c. Enforce any additional remedies the Council may have at law or in equity.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives.
METROPOLITAN COUNCIL
By: ________________________________
Regional Administrator, successor, or delegate
Date: _______________________________
GRANTEE:
The Grantee certifies that the appropriate
person(s) have executed the this agreement on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By: ________________________________
Printed Name and Title
Date: _______________________________
EXHIBIT A
Application from community)
Metropolitan Council Water Efficiency Grant Application Form
Applicant Information:
Municipality: _________________________________________________________________
Municipal Utility: ______________________________________________________________
Mailing Address: ______________________________________________________________
Primary Contact Information: Municipality primary authorized representative (all correspondence
regarding the Water Efficiency Grant Program should be addressed to individual named below):
NAME: _________________________________________________________________
TITLE: _________________________________________________________________
STREET: _________________________________________________________________
CITY, ZIP: _________________________________________________________________
PHONE: _________________________________________________________________
EMAIL: _________________________________________________________________
Secondary Contact Information: Municipality secondary authorized representative:
NAME: _________________________________________________________________
TITLE: _________________________________________________________________
STREET: _________________________________________________________________
CITY, ZIP: _________________________________________________________________
PHONE: _________________________________________________________________
EMAIL: _________________________________________________________________
Municipal Total Per Capita Water Use (2020): _________________ (gallons per person-day)
Municipal Residential Per Capita Water Use (2020): _________________ (gallons per person-day)
Municipal Ratio of Peak Month to Winter Month Water Use (2020): ________________
Municipality’s estimated annual water savings from proposed program: _______________ (gallons)
Program Design:
Requested Grant Amount (must equal 80% of total program budget): $______________________
Required Municipality Matching Amount (must equal 20% of total program budget): $______________
Total Program Budget (Requested Grant Amount + Match): $_____________________________
Example Calculation:
Requested Grant Amount $16,000 (80% of total)
Required Municipality Matching Amount $4,000 (20% of total)
Total Program Budget $20,000 (100% of total)
Will your program be a grant program or rebate program? ________________________________
Estimated Number of Items:
Item Estimated Number
Toilets
Irrigation Controllers
Clothes Washing Machines
Irrigation Spray Sprinkler Bodies
Irrigation System Audits
Dishwashers
2
Project Work Plan and Schedule:*
Task Description Responsible
Person
Start Date Completion
Date
Municipality may create own project plan and schedule form
3
Communications to Property Owners:
How will your program be advertised (check all that apply):
Newsletter ____
Print Media ____
Email ____
Twitter ____
Website____
Radio ____
Television ____
Facebook ____
Nextdoor ____
Other Social Media ____
Please attach examples of proposed newsletter, print media, or email communications.
Critical Points to Remember:
The applying municipality must be served by a municipal public water supply system
New construction and new developments are not eligible
A portion of each eligible activity’s cost must be paid by the property owner
Funds are for rebates or grants only; consulting and city staff time are ineligible
Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the
Metropolitan Council logo on program-related web pages and paper communications
4
Item
Gal
Saved/Yr
of
Rebates
Total Gal
Saved
Rebate
Max
Total
Rebate
City Cost
20%)
MCES Cost
80%)
Dishwasher 5,000 20 100,000 $300 $6,000 $1,200 $4,800
Toilet 7,500 25 187,500 $100 $2,500 $500 $2,000
Washing machine 3,000 20 60,000 $300 $6,000 $1,200 $4,800
Irrigation controller 8,000 25 200,000 $100 $2,500 $500 $2,000
547,500 $17,000 $3,400 $13,600
City of Prior Lake Water Efficiency Grant Program Estimates
WEBSITE PAGE **
https://www.priorlakemn.gov/rebate
Water Efficiency Rebates
The City is offering water efficiency rebates for the purchase of WaterSense/Energy Star home appliances and
irrigation controllers. The City will reimburse 80% of the purchase cost (up to $300 for washing machines and
dishwashers, up to $100 for toilets and irrigation controllers). The following items are eligible for the rebate if
they have the noted logos on the packaging:
Toilets (WaterSense)
Irrigation controllers (WaterSense)
Washing machines (Energy Star)
Dishwashers (Energy Star)
Use the Product Search on the EPA website to see if your appliance is WaterSense approved.
Terms and conditions of the program:
Only Prior Lake water customers with non-delinquent accounts are eligible for the rebate
Appliances must be replacing old, less-efficient appliances
New construction homes are not eligible for the rebate
Rebate funds are limited and distributed on a first come, first served basis
Receipts must be dated July 1, 2022 or later to qualify (program runs through June 30, 2024)
Funding for the water efficiency rebate program is provided by the Metropolitan Council, Clean Water Land
and Legacy Funds, and the City of Prior Lake.
SOCIAL MEDIA **
The water efficiency rebate program now includes home appliances!
The City of Prior Lake, in conjunction with the Metropolitan Council, is offering water efficiency rebates to help
offset the cost of upgrading to water-efficient appliances and irrigation equipment. The City will reimburse
80% of the purchase cost of the appliance (up to $300 for washing machines and dishwashers, up to $100 for
toilets and irrigation controllers). Certain limitations and exclusions apply, learn more here
Irrigation controller rebates are available now!
Are you preparing your irrigation system for another season? Don’t forget to take advantage of our rebate
program for WaterSense smart irrigation controllers and spray bodies. The City will reimburse 80% of the cost
of the equipment, up to $100 total. Rebates are offered on a first come first served basis, so get your
application in soon. Certain limitations and exclusions apply, learn more here
Water-saving appliance rebates are available now!
Are you thinking of replacing your old toilet, dishwasher or washing machine with a more efficient model?
Take advantage of our rebate program for WaterSense/Energy Star home appliances. The City will reimburse
80% of the cost of the appliance (up to $300 for washing machines and dishwashers, up to $100 for toilets).
Rebates are offered on a first come first served basis, so get your application in soon. Certain limitations and
exclusions apply, learn more here
Want to save water AND save money? Learn how here
1
EXHIBIT B
Clean Water Fund Water Efficiency Grant Program Overview & Goal, Structure, and Qualified Activities (should anything
herein be contradicted by the Agreement language, the Agreement terms prevail).
Metropolitan Council
Water Efficiency Grant Program
Overview
The Metropolitan Council (Council) will implement a water efficiency grant program effective July 1, 2022 to June 30,
2024. Grants will be awarded on a competitive basis to municipalities that are served by a municipal water system.
The Council will provide 80% of the program cost; the municipality must provide the remaining 20%. Municipalities will
use the combined Council and municipality funds to run their own grant or rebate programs.
Grants will be made available in amounts with a minimum of $5,000 and a maximum of $50,000. Grantees will be
required to provide estimated water savings achieved through this program for Clean Water, Land & Legacy Amendment
reporting purposes.
Legislative Directive - Minnesota 2021 Session Law
625,000 the first year and $625,000 the second year are for the water demand reduction grant program to
encourage municipalities in the metropolitan area to implement measures to reduce water demand to ensure the
reliability and protection of drinking water supplies. Fiscal year 2022 appropriations are available until June 30,
2023, and fiscal year 2023 appropriations are available until June 30, 2024.
Grant Program Goal
The goal of the water efficiency grant program is to support technical and behavioral changes that improve municipal
water use efficiency in the seven-county metropolitan area.
Critical Points to Remember
The applying municipality must be served by a municipal public water supply system
New construction and new developments are not eligible
A portion of each eligible activity’s cost must be paid by the property owner
Funds are for rebates or grants only; consulting and city staff time are ineligible
Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council
logo on program-related web pages and paper communications
Grant Program Structure: Administration and Funding
The Water Efficiency Grant Program will be administered by Metropolitan Council Environmental Services (MCES) and
will be funded with $1,000,000 appropriated by the 2021 Minnesota Legislature. Grant applications will be reviewed and
ranked by the MCES Water Supply Planning Unit staff. The remaining $250,000 of this funding has been allocated to a
different municipal water efficiency grant project.
2
Grants are only for water efficiency programs offering rebates or grants to property owners who are customers of the
municipal water supply system and who replace specified water using devices with approved devices that use
substantially less water.
Grants will be awarded to municipalities in amounts ranging from $5,000 to $50,000 for providing rebates or grants to
property owners. Municipalities will be responsible for the design and operation of their rebate or grant program and its
details. Grant payments to the municipality will be for 80% of approved program amounts. The municipality must
provide the remaining 20% of the granted/rebated amount to the property owner. Municipality rebates or grants are
eligible for reimbursement on device replacements conducted July 1, 2022 through June 30, 2024.
Here is an example of the grant funding design:
Metropolitan Council Grant Amount $16,000 (80% of total)
Municipality Match $4,000 (20% of total)
Municipality Grant/Rebate Program Total $20,000 (100% of total)
Eligibility
This grant program is limited to municipalities in the seven-county metropolitan area.
Municipalities eligible per above must apply to participate and, if approved, sign a standard Council Grant Agreement,
before any eligible rebates or grants can be submitted for reimbursement. Agreements shall require that municipalities:
Entirely pass through grants received (as is being done by MCES)
Verify purchase of devices to receive grants
Retain records and cooperate with any audits
Conduct all communications with property owners and ensure all written communications to property owners
include both the Clean Water, Land and Legacy Amendment and the Metropolitan Council’s logo
Provide quantitative information for state reporting purposes
Eligible water efficiency devices consist of the following:
Toilet replacement with a US EPA WaterSense labeled toilet
Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather-based or soil
moisture-based
Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine
Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body
Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense program
Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher
Expenses eligible for reimbursement are the out-of-pocket cost of the device and its installation only, not to include any
owner labor costs. In addition, new construction and new developments are ineligible, as this program is intended as a
current infrastructure replacement program.
Application Process
Applicants must be served by a municipal public water supply system
3
Municipalities will submit MCES supplied application form by March 31, 2022. Required information includes:
o the municipality’s rebate or grant program design and work plan
o proposed examples of communications to property owners
o requested total grant amount
o estimated annual amount of water saved by the applying municipality
Application form is available at: https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available-
Funding-Grants.aspx
Submit competed application to: brian.davis@metc.state.mn.us
Metropolitan Council will notify municipalities of grant awards and provide grant agreements by April 29, 2022.
Proposal Selection Criteria
In the event that funds requested exceed funds available, the following criteria will be used to determine the amount
granted to a given municipality:
Municipalities with identified water supply issues in Master Water Supply Plan Community Profiles or Local
Water Supply Plans
Municipalities’ ratio of peak monthly water use to winter monthly water use
Municipalities’ average residential per capita water use
The order in which applications are received and until grant funds are completely committed
Funding Process and Reporting Requirements
Utilizing forms provided by MCES, the following information must be reported on a quarterly basis:
o Number, type and amount of rebates or grants provided to property owners, along with each property
address
o Estimated annual gallons of water saved per device installation
o Municipality matching funds disbursed
o Number of unmet funding requests from property owners, if any
Upon review and confirmation of the above information, MCES will process a grant payment in the amount of
80% of approved total rebates or grants for the reporting period.
MCES will provide confirmation of grant balances available upon request and reserves the right to amend grant
agreements, in collaboration with grantee municipality, if quarterly reporting indicates rebate or grant programs
will not fully utilize grant awards within the grant period.
Qualified Activities
Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher:
https://www.energystar.gov/products/dishwashers
Toilet replacement with a US EPA WaterSense labeled toilet:
https://lookforwatersense.epa.gov/products/Product-Search-Results-Toilets.html
Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather-based or soil
moisture-based:
https://lookforwatersense.epa.gov/products/Product-Search-Results-IrrigationController.html
https://lookforwatersense.epa.gov/products/Product-Search-Results-
SoilMoistureBasedIrrigationController.html
4
Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine:
https://www.energystar.gov/productfinder/product/certified-clothes-washers/results
Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body:
https://lookforwatersense.epa.gov/products/Product-Search-Results-Sprinkler.html
Irrigation system audit by an Irrigation Professionals certified by a US EPA WaterSense program:
https://lookforwatersense.epa.gov/pros/
Reporting Example
PropertyStreetAddressandZip Code (Select) Property
Type:
Select) Water
DeviceReplaced:
Cost per
Device ($):
of
Devices:
Rebateor
Grant per
Device ($)
Est. AnnualWater
Gallons) Saved
PerDevice:
Total
Rebate or
Grant
Municipality
Contribution:
Eligible
Grant
Amount
Estimated
Annual Water
Saved (Gallons):
2094 Proviso Avenue Residential Clothes Washer $800.00 1 $200.00 5,000 $200.00 $40.00 $160.00 5,000
3452 EnolaDrive Residential Irrigation Controller $250.00 1 $150.00 20,000 $150.00 $30.00 $120.00 20,000
994 Argentine Place Residential Irrigation Controller $200.00 1 $150.00 20,000 $150.00 $30.00 $120.00 20,000
5377 Shoreham Way Residential Toilet $350.00 1 $125.00 7,000 $125.00 $25.00 $100.00 7,000
Calculated Totals:
5
EXHIBIT C Revision #
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
2022-2024 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM
GRANT AMENDMENT FORM
NOTICE TO GRANTEE: Submission of this form is required to modify your city’s agreement with Metropolitan
Council Environmental Services (MCES) 2022-2024 Clean Water Fund Water Efficiency Grant Program (Grant
Program).
After determination of your city’s initial grant amount, completion and submission of this form is necessary when
1) you are requesting additional grant funds to meet unexpected rebate or grant demand, or 2) when your city has
determined that the previously approved program’s rebate or grant demand will not be met, requiring less grant
funds than anticipated when the agreement was signed.
The process for modifying your agreement is as follows:
1. Your City’s authorized representative submits one signed copy of Exhibit C to MCES, with an
attachment itemizing requests for changes to prior granted amounts.
2. Upon receipt of signed Exhibit C, MCES Program Administrator obtains Council authorized signatures
that modifies the agreement and returns a fully signed copy of Exhibit A indicating new grant amount to
City’s designated authorized representative.
Instructions: Indicate the date of your change request in #1 box. Indicate the number of this particular change
request in #2 box (and in box at top of page – must match). Enter the current grant agreement amount (as
MCES approved) in #3 box. If you wish to increase your municipality’s grant amount, enter the amount you
are requesting in #4 box. If you wish to decrease your grant amount due to less demand than
anticipated, enter the amount in #5 box. Enter in #6 box the amount derived from adding #3 to #4 or derived from
subtracting #5 from #3.
Grant Agreement #
1. Date of change request:
2. Change request number:
3. Current Grant Agreement Amount (as MCES approved):
6
4. Increase due to request for additional funding:
5. Decrease due to less demand:
6. Amended Grant Agreement Amount requested:
CITY NAME:______________________________________________________________________________
CITY AUTHORIZED REPRESENTATIVE (signature and date):
MCES PROGRAM ADMINISTRATOR APPROVAL (signature and date):
COUNCIL AUTHORIZED SIGNATURE AND DATE
Questions may be directed to the MCES Authorized Representative:
Brian Davis
MCES Principal Engineer
390 Robert Street North
St. Paul, MN 55101-1805
Phone: (651) 602-1519
Email: brian.davis@metc.state.mn.us
ITEM: 5FCITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Jake Theisen, Maintenance Superintendent
Christine Watson, PublicWorks Coordinator
PRESENTED BY: Andy Brotzler, Public WorksDirector/CityEngineer
AGENDA ITEM: Approve Purchase ofGenerator - FireStation 1
GOAL AREA High-ValueCityServices
OBJECTIVE: 3. Ensure sufficient resources andstaffing tomeetservice
demands.
RECOMMENDED ACTION:
Approve thepurchase ofanewgenerator atFireStation 1.
BACKGROUND:
FireStation 1isbeingremodeled thisyear toaccommodate afull-timefiredepartment. The
remodel scopeofworkincludes theplanned replacement ofthegenerator forthebuilding. The
2022Equipment CIPincludes $65,000forthepurchase ofanew generator andtwotransfer
switches.
Thecurrent generator is21years oldandisgenerally considered beyond itsrecommended useful
life. Itislocatedinside thebuilding andprovides powertoonlyaportion ofthebuilding. Thenew
generator willbelocated inaseparate enclosure outside thebuilding andwillprovideemergency
powertotheentire building. Itwillinclude updated controls andtechnology tobetter servethe
FireStationwithemergency power.
Staffhasreceived aquote from Ziegler Catintheamount of $45,300forthenewgenerator and
twotransfer switches. Zeigler Cat isaSourcewell Cooperative Purchasing vendor. The
Sourcewell contract isapurchasing contract thatfulfillsbiddingrequirements forgovernmental
agencies andassures bestpricing available.
FINANCIAL IMPACT:
The2022 Equipment CIPincludes $65,000 forthepurchase ofthegenerator andtwotransfer
switches. Theinstallation andsetup costs willbeincluded withtheremodel project funding.
ALTERNATIVES:
1. Motion andsecond toapprove thepurchase ofanewgenerator atFireStation1aspart
oftheconsentagenda.
2. Motion andsecond toremovethisitemfromtheconsentagenda foradditional
discussion.
ATTACHMENTS:
1. 20220505 Generator Quote fromZiegler - Attach1
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Proposal by
8050 State Highway 101
Shakopee, MN 55379
952-233-4720
To: City of Prior Lake Fire Station #1
Attn: Mr. Jake Theisen
Re: Caterpillar Standby Generator
Sourcewell Contract #120617-CAT”
WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOLLOWING SPECIFICATIONS, TERMS AND CONDITIONS
QUANTITY: One (1) new CATERPILLAR emergency standby generator set mounted in outdoor
Sound Attenuated steel enclosure rated 74dBA @ 23 feet.
MODEL: D60GC – Diesel
RATING: 60kW – Stand By
VOLTAGE: 120/208 volts, 3 phase, 60 HZ, 1800 RPM
BREAKER: Dual breaker- 225A & 100A, 100% rated
SWITCHGEAR: Two (2) open transition, automatic transfer switches, 400 A & 100 A
FUEL TANK: Integral fuel tank (24 hour storage)
WARRANTY: Five (5) years, 2500 hours
INSTALLATION: By Others
TOTAL EQUIPMENT PRICE: $ 43,500.00*
120 month Platinum warranty: + $ 3,125.00*
Motorized dampers: + $ 3,500.00*
Price does not include state or local sales and/or use taxes
Please refer to the attached Bill of Material.
ESTIMATED DELIVERY: 31-34 week lead time after approval F.O.B. Jobsite on truck
TERMS: Net 20 days - 90% at delivery, 10% at start-up
THIS PROPOSAL SUBJECT TO ALL PROVISIONS OF THE CONTRACT AND WARRANTY ON REVERSE SIDE
ACCEPTED: Respectfully submitted,
ZIEGLER INC.
By:
Tyler Hanson, Sales Engineer
By: Subject to approval by APPROVED:
ZIEGLER INC.
Date: By:
Proposal No. EPG31064032Date: May 5, 2022
BILL OF MATERIAL
EPG31064032
1 -
ONE (1) EMERGENCY STANDBY GENERATOR SET, RATED AT 60KW STANDBY, 3 PHASE,
60 HERTZ, 120/208 VOLT, 1800 RPM.
ENGINE SPECIFICATIONS
Meets EPA Regulations – Tier III
C4.4 In-line 6, 4-cycle diesel
Electronic governor
Oil filter, spin-on type
Oil and coolant drains
Radiator cooling system, blower fan
Water pump
12V. DC starting system
Jacket water heater, 120 volt, 1000 watt
Alternator, 30 ampere, 12 VDC
Fuel system: Diesel
NFPA110 Compliant / UL2200 Listed
STANDARD ENGINE SAFETY FEATURES
Shutdowns with individual warning lamps
Fail to start / over-crank
High coolant temperature
Low lube oil pressure
Over-speed
Over-voltage
Fuel level alarms
GENERATOR SPECIFICATIONS
Class H insulation, rotor and stator, single bearing design
Flexible coupling
Brushless excitation
Generator anti-condensation heater
Permanent magnetic generator (PMG)
Solid-state regulator, +/- l. % regulation
Two (2) LSI 100% rated breakers
225 amp, 3 pole, LSI 100% rated
100 amp, 3 pole, LSI 100% rated
GCCP 1.2 CONTROL PANEL
Voltage (all phases) • Current (all phases)
Power factor • kW
KVAR
Transfer switch status
Engine speed
Low fuel pressure
Run hours
Service reminders
Fault history
Oil pressure
Coolant temperature
Low oil pressure shutdown
High coolant temperature shutdown
BILL OF MATERIAL
EPG31064032
2 -
GCCP 1.2 CONTROL PANEL CONTINUED…
Overvoltage / Over-speed
Not in auto position (flashing light)
Time & Date
Exercise speed
Protection
Fail to start shutdown
Low oil pressure shutdown
Low/High battery voltage
Battery charger failure
Under-speed/Over-speed
Loss of engine speed detection
Emergency stop
Programmable auto crank function
2 wire start for any transfer switch
Adjustable engine speed at exerciser
RS485 port remote communication
Governor controller and voltage regulator are built into the master control board
ANCILLARY EQUIPMENT
Outdoor insulated/sound attenuated steel enclosure
Color, CAT White
Interior LED convenience lights
GFCI outlets
Critical grade silencer
Dual wall UL listed integral fuel tank, 24-hour capacity (138 gallons), lockable fuel fill cap
Battery charger, 10-amp float type, generator mounted
Battery, with battery rack and cables
Remote E-Stop Pushbutton Station – Shipped Loose
Remote Annunciator Panel – Shipped Loose
AUTOMATIC TRANSFER SWITCH/SWITCHGEAR
Two (2) open transition, automatic transfer switches
400 amp, 4 pole, Nema 1 indoor enclosure, phase monitor, exerciser bundle
104 amp, 4 pole, Nema 1 indoor enclosure, phase monitor, exerciser bundle
PROJECT MANAGEMENT SERVICES
Submittal drawings
Dimensional drawings
Electrical schematics
Product specifications
Technical assistance - coordinated through Ziegler project manager
Jobsite startup by Certified CAT technician
Operation and maintenance manual (Engine, Generator)
Warranty – Five (5) years – 2500 hours
Delivery to jobsite by Ziegler CAT
Training session for owners personnel
Load bank testing onsite at time of start-up services
BILL OF MATERIAL
EPG31064032
3 -
COMMENTS AND CLARIFICATIONS
Mechanical and electrical installation not included
Crane and rigging for offloading not included
Initial fuel fill not included
NOTES
No installation included, electrical, gas, concrete, rigging by others
Ziegler limits the scope of supply for this quotation to the equipment and services listed.
Orders are subject to re-stocking charges if cancelled after release for production.
State and local permits for fire, air, fuel tanks or building permits are not included and provided
by others.
Start-up labor is to be performed during normal business hours, Monday through Friday 7:30 am
to 4:00 pm. Additional trips or delays required or requested due to contractor delay and/or issues
with equipment not provided from Ziegler Power Systems will be billed at published field
service rates.
Terms:
Extension of contract beyond term must be at the mutual agreement of the parties.
Ziegler Inc. shall not be liable for consequential damages or damages beyond our control.
This quotation is subject to availability at time of order
Customer is responsible for adequate site conditions and security.
Customer is responsible for scheduled maintenance and fuel costs.
Customer must provide adequate insurance to cover equipment damage or loss.
Price(s) do not include state or local sales and/or use taxes.
Quotation is valid for 30 days.
PROVISIONS OF THE CONTRACT AND WARRANTY
The prices quoted are current and are subject to change to those in effect at the time of shipment.
Caterpillar products are sold subject to the terms of the applicable Caterpillar warranty. Copies
of the warranties applicable to this purchase are attached hereto, and the purchaser by signing
this order acknowledges receipt of the Caterpillar warranties on Forms.
The Purchaser agrees to pay any and all taxes, assessments, licenses, and government charges of
every kind and nature whatsoever upon said equipment which may be imposed or assessed
against or resulting to the Seller on account of the possession or use of said equipment by
Purchaser. All provisions hereof are contingent upon government restrictions, strikes, accidents,
delays of carrier and other delays unavoidable and beyond Seller’s control.
It is intended and understood that title and ownership of said equipment is and shall remain
vested in the Seller, notwithstanding delivery or possession, until the entire price is paid in full.
ITEM: 5GCITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Heidi Simon, CityClerk
PRESENTED BY: HeidiSimon
AGENDA ITEM: Resolution Approving aTemporary LiquorLicense forLakefront
Music FestonJuly8 & 9th, 2022
GOAL AREA Public Safety
OBJECTIVE: 4. Ensure asafeandqualitybuiltenvironment.
RECOMMENDED ACTION:
Approve aTemporary LiquorLicenseforthePriorLakeRotaryforthe2022Lakefront Music Fest
onJuly8thand9th.
BACKGROUND:
Non-profitorganizations arepermitted bystatestatute toapply fortemporary liquor licenses for
events, usuallyfundraisers, inordertosellliquor without applying forafull-yearliquorlicense.
ThePriorLakeRotary Club, a501c3non-profit, wasfounded in1978andhasalonghistoryof
providing monetary andservice support tothecommunity. TheRotaryClubisabletosupport
community service activities because ofitsfundraising activities.
ThePriorLakeRotary'seleventh musicfestival isplannedtobeheldonFriday, July8, 2022, and
Saturday, July9, 2022, atLakefront Park. The event, known asthePriorLakeRotary Lakefront
Music Festival, willoffertwodaysofconcertstothepublic. TheRotary willraisemoneytofund
theeventthrough sponsorships andintends toraiseadditional money tosupport itscommunity
service effortsbyselling foodandbeverages, including beer, wine, pre-mixedcocktails and
seltzers, tothe concert goersthroughout each day. Inordertodoso, atemporary on-sale
intoxicating liquorlicense isrequired.
ThePolice Department hasreviewed thetemporary liquor license application toensure thatall
requirements andissues concerning liquorcompliance and publicsafety havebeen met.
FINANCIAL IMPACT:
ThePriorLakeRotary haspaid the $75.00temporary on-saleintoxicating liquor license fee.
ALTERNATIVES:
1. Motionand second asapartoftheconsent agenda toapprove thetemporary liquor
licenseforthePriorLake RotaryforFriday, July8thandSaturday, July9th, 2022
2. Motion andsecondtoremove thisitemfromconsent foradditional discussion.
ATTACHMENTS:
1. Resolution – Approval ofTemporary Liquor License
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 22-
ARESOLUTION APPROVING ATEMPORARY ON-SALE INTOXICATING LIQUOR
LICENSE FOR THEPRIOR LAKE ROTARY
Motion By: Second By:
WHEREAS, thePrior Lake Rotary isplanning Lakefront Music Fest atLakefront Park onFriday Julythth8, 2022, and Saturday July9, 2022; and
WHEREAS, State statute allows non-profitorganizations toapply foratemporary on-sale
intoxicating liquor license asmeans toraisefunds fortheirorganizations; and
WHEREAS, thePrior Lake Rotary isplanning tosellbeer, wine, pre-mixed cocktails and seltzers as
part ofthe Lakefront Music Fest; and
WHEREAS, thePriorLake Police Department has completed background checks toensure all
temporary liquor license requirements have beenmet.
NOW THEREFORE, BEITHEREBY RESOLVED BYTHE CITY COUNCIL OFPRIOR LAKE,
MINNESOTA asfollows:
1. The recitals setforthabove areincorporated herein.
2. Atemporary on-saleliquor license isgranted tothe Prior Lake Rotary forLakefront Music Fest at
Lakefront Park.
3. Thislicense shall bevalidonJuly8and July 9,2022.
4. Allliquor servers shall receive training prior tothe event.
5. ThePrior Lake Rotary shall provide proof ofliquor liability insurance asprescribed byM.S. Section
340A.409 tocoverthisevent.
thPASSEDANDADOPTEDBYTHEPRIORLAKECITYCOUNCILTHIS6 DAY OF JUNE 2022.
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
JasonWedel, CityManager
ITEM: 5HCITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Heidi Simon, CityClerk
PRESENTED BY: HeidiSimon
AGENDA ITEM: Resolution Approving aTemporary LiquorLicense forBoathouse
Brothers BrewingCompany onSaturday October 8, 2022
GOAL AREA Public Safety
OBJECTIVE: 4. Ensure asafeandqualitybuiltenvironment.
RECOMMENDED ACTION:
AdoptaResolution Approving aTemporary LiquorLicense forBoathouse Brothers Brewing Co,
Saturday, October 8, 2022.
BACKGROUND:
Boathouse BrothersBrewing ishostingaHeartoberfest Event, onSaturday, October 8, 2022.
Statestatute allows abrewer whomanufactures fewerthan3,500barrelsofmaltliquorinayear
oramicro-distillery atemporary licensefortheon-saleofintoxicating liquorinconnection witha
social eventwithin themunicipality sponsored bythebrewer ormicro-distillery. Temporary
licenses maybeissuedforuptofourconsecutive days. TheCitymaynotissuemorethanthree
3) four-day temporary licenses, four (4) three-day licenses, six (6) two-daylicenses, ortwelve
12) one-daylicenses, inanycombination not toexceedtwelvedays peryear toanyone
organization orforanyonelocation.
ThePolice Department hasreviewed thetemporary liquor license application toensure thatall
requirements andissues concerning liquorcompliance and publicsafety havebeen met.
Theclosure ofMain Avenue requires aCommunity Event Permit. Thispermithasbeen updated
for2022torequire applicants tosendnotification toallbusinesses impacted byanystreet closures
twoweeksinadvance oftheevent. Boathouse Brothers Brewing hassubmitted therequired
permitandwillbesending therequired notices accordingly.
TheCity Council reviewed thefrequency ofMainAvenueclosures attheirWorkSessiononMaynd2. Thedirection tostaff atthatmeeting was topermitBoathouse Brothers Brewing uptothree
closures peryear. Theclosures wouldoccur inApril, October, andoneSaturday inbetween. The
CityCouncil hasalready approved closures fortheireventinApril andfortheireventonJuneth11. Thisapproval represents their thirdandfinalclosurefor2022inOctober.
FINANCIAL IMPACT:
Boathouse Brothers Brewing haspaidthe $75.00temporary on-saleintoxicating liquor license
fee.
ALTERNATIVES:
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Item5H
Page | 2
1. Motion andsecond, aspartoftheconsent agenda, toadoptaresolution approving a
Temporary Liquor LicenseforBoathouse Brothers Brewing onOctober 8, 2022.
2. Motion andsecond toremove fromconsentforfurther discussion.
ATTACHMENTS:
1. 22- Boathouse Brothers BagsHearttoberfest October 8, 2022
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 22-
ARESOLUTION APPROVING ATEMPORARY ON-SALE INTOXICATING LIQUOR
LICENSE FOR BOATHOUSE BROTHERS BREWING, CO
Motion By: Second By:
WHEREAS, Boathouse Brothers Brewing, Co., will hold aHeartoberfest onMain Street on
Saturday, October 8, 2022; and
WHEREAS, State statute allows brewers whomanufacture less than3,500barrels ofmaltliquor ina
year toapply fortemporary on-saleintoxicating liquor license inconnection with asocial
event withinthe municipality sponsored bythebrewer; and
WHEREAS, Boathouse Brother Brewing, Co. isplanning tosponsor and sellbeer aspartofthis
social event.
NOW THEREFORE, BEITHEREBY RESOLVED BYTHE CITY COUNCIL OFPRIOR LAKE,
MINNESOTA asfollows:
1. The recitals setforthabove areincorporated herein.
2. Thislicense shall bevalidonOctober 8, 2022.
3. Service and consumption ofalcohol islimited toafenced inarea.
4. Allliquor servers shall receive training prior tothe event.
5. Boathouse Brother Brewing, Co. shallprovide proof ofliquorliability insurance asprescribed byM.S.
Section 340A.409tocover thisevent.
thPASSEDANDADOPTEDTHIS6 DAY OFJUNE 2022.
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Absent
Abstain
Jason Wedel, CityManager
ITEM: 5ICITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: Steve Frazer, ChiefofPolice
PRESENTED BY: Steve Frazer
AGENDA ITEM: Prior Lake Police Department Kitchen Remodel
GOAL AREA High-ValueCityServices
OBJECTIVE: 3. Ensure sufficient resources andstaffing tomeetservice
demands.
RECOMMENDED ACTION:
Accept thelowerofthetwoattached quotestobegin theupgrade andremodel ofthekitchenarea
atthePriorLakePoliceDepartment.
BACKGROUND:
ThePriorLakePoliceDepartment was constructed in2006. Abreakroom wasincluded inthe
original building, butnotakitchen. Withhealthy lifestyle andeating practices being abigpartof
officerwellness, thenewstandard istohaveakitchen inpolice buildings toallowformorehealthy
choices forourstaffthatwork24hours aday, 7daysaweek.
In2020webegantheprocess ofreviewing aremodel oftheexistingbreakroom. Thisremodel
enhances thebreakroom bytheinstallation ofafully functioning kitchen. Currently thebreakroom
hasarefrigerator only.
FINANCIAL IMPACT:
Thisproject wasestimated in2019 tobeapproximately $17,000. The remodel wasincluded in
theapproved 2021budgetfor thatamount. Duetoglobal supply chain issues andpandemic
restriction theprojectwasnotcompleted in2021. Themoney fromthe2021 budgetwas carried
forward bybudgetamendment into2022.
Thetwoestimates in2022have come inoverbudget. Thelowerofthetwoestimates cameinat
28,782. Werecommend accepting thisestimate. The $17,000thatwascarriedforward from
2021will be rolledinto2022. Theremaining $11,782 willbetaken from2021-year endsavings
inthepolice budget which were alsocarriedforward into2022.
ALTERNATIVES:
1. Motion andsecondtoapprove acontract forthePriorLakePolice Department kitchen
remodel aspartoftheconsent agenda.
2. Motion andsecond toremovethisitemfromtheconsentagenda foradditional
discussion.
ATTACHMENTS:
1. Resolution - PLPD Kitchen Remodel
2. Remodeling Contract - Prior LakePD
3. 20220520080201127_PDkitchen
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 22-
RESOLUTION APPROVING ACONTRACT FOR THE PRIOR LAKE POLICE DEPARTMENT
KITCHEN IMPROVEMENTS
Motion By: Second By:
WHEREAS, thePriorLakePoliceDepartment isa24hours perday /7daysperweek
PublicSafety Department; and
WHEREAS, theCityofPriorLakecontinues tosupport publicsafetyasakeypillarofour
community; and
WHEREAS, thisproject willsupport ourpublicsafety employees through fostering healthy
options fornutrition forall; and
WHEREAS, funding forthisproject wasoriginally programmed in2021andthosehave
beencarried forward into2022incombination withthePolice Department
budgetsavings from2021thatwere alsocarriedforward into2022. Funding is
therefore available tocoverthefullcostoftheimprovements.
NOWTHEREFORE, BE ITHEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA asfollows:
1. Therecitals setforthabove areincorporated herein.
2. Citystaffisauthorized topurchase supplies andservicesforakitchen remodel atthePLPD
intheamount of $28,782.00. Thebudget willbeamended toreflectthesupplies andcapital
outlayforthisproject (reclassification between accounts/netzerobudget impact).
3. Funding forthisproject isinthe2022PLPDpolice budget.
Passed andadopted bythePriorLakeCityCouncil this6thdayofJune2022.
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
JasonWedel, CityManager
Page 1 of 5 Pebble Creek Custom Homes Initials ______ ______
BC691406
MAJOR HOME REMODELING CONSTRUCTION AGREEMENT
Dated: May 3rd, 2022
1. Parties
This Agreement is entered into by and between the following parties:
Contractor: Pebble Creek Custom Homes LLC, a Minnesota limited liability company; and
Customer: City of Prior Lake – Police Department
Project Address: 4649 Dakota St SE, Prior Lake, MN 55372
2. Job Description & Project Cost
The work to be performed under this agreement consists of the following:
Remodel scope of work includes:
Install new laminate cabinets – per drawings
Install new appliances – per Warners’ Stellian proposal QTE-50530
Add gas line for range, add vent for microwave
Add electrical for appliances
The project cost of the remodel is $28,782.00 + change orders.
3. Payment Terms – The customer agrees to pay contractor 50% of project cost at contract signing & 50% of project cost
plus change orders after completion.
In exchange for the specified work, Customer agrees to pay Contractor as follows:
Construction Deposit Amount – 50% of project cost: $14,391.00 at signing of contract.
Final Payment: Balance of job cost, including change orders, is due upon completion.
4. Time of Performance
The work specified in Clause 2 (Job Description) shall be completed in a timely matter. Time is of the essence.
5. License Status and Number
Contractor shall comply with all state and local licensing and registration requirements for type of work involved.
Contractor's state license or registration is for the following type of work and carries the following number: BC169406
6. Liability Waiver
If contractor is injured in the course of performing the specific work, Customer shall be exempt from liability for those
injuries to the fullest extent allowed by law.
Page 2 of 5 Pebble Creek Custom Homes Initials ______ ______
BC691406
7. Permits and Approvals
Contractor shall be responsible for determining which permits are necessary and for obtaining the permits.
Contractor shall apply for all state and local permits necessary for performing the specific work.
8. Liens and Waivers of Lien
To protect Customer against liens being filed by Contractor, subcontractors, and providers of materials, Contractor
agrees to provide Customer with lien waivers, lien releases, or acknowledgment of full payment from each
subcontractor and materials provider.
9. Insurance
During construction, Contractor shall provide adequate insurance, and if applicable, worker's compensation insurance,
with loss payable to Contractor until the date of completion. Customer shall maintain or adjust their property insurance
in accordance to the remodeling project.
10. Materials
All materials shall be new, in compliance with all applicable laws and codes, and shall be covered by a manufacturer's
warranty if appropriate.
Due to the site being a commercial space, appliances do not have a warranty – per Warners’ Stellian
11. Supervision of Work
Customer agrees that the direction and supervision of the construction workers, including subcontractors, rests
exclusively with the Contractor, and Customer agrees not to issue any instructions to, nor interfere with, any workers or
subcontractors.
12. Subcontracting
Customer shall not negotiate for additional work with the Contractor's subcontractors, nor engage other contractors or
subcontractors, except with Contractor's consent and in such a manner as will not interfere with Contractor's
completion of work under this Contract. If Customer, at the sole discretion of the Contractor, is allowed to perform or
subcontract any of the work, Customer shall perform the work in such a manner and within the dates established by
Contractor. Any work provided by or subcontracted for by the Customer shall not be covered by Contractor's warranties,
and Customer shall provide all necessary worker's compensation and liability insurance for any such workers. If
Customer obtains Contractor's consent to provide work or materials for construction but fails to complete the work in a
timely fashion, Contractor shall have the right to complete the work and add the reasonable costs of its labor and
materials to the Contract Price. Further, the Customer hereby agrees to indemnify, hold harmless and defend the
Contractor from any and all liability and injury caused by the Customer or its contractors, and to pay the cost of all
liability, injury or damage (whether to person or property) caused by Customer or contractors acting at Customer's
request.
13. Change Order
All Change Orders shall reflect the cost of changes +/- 30% markup. All costs of changes are generated by the Contractor
shall be identified on a Change Order but said costs can be agreed to by the customers by the use of emails and/or text
messages.
Page 3 of 5 Pebble Creek Custom Homes Initials ______ ______
BC691406
If events beyond the control of the parties reasonable require adjustments to this contract, the parties shall make a
good faith attempt to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties
and added to this contract. Failure to reach agreement shall be deemed a dispute to be resolved as agreed in Clause 16.
14. What Constitutes Completion
Project shall be considered complete after scope of work per Section 2 is complete.
15. Limited Warranties
A. Contractor shall construct and/or perform the construction in a good, workmanlike manner in
compliance with building codes and industry standards free from material defect and in accordance
with the ordinances and regulations of Prior Lake.
B. In addition to the Statutory Warranties and any special warranties, the following Contractual Warrantiesshallapply: (i) Contractor represents and warrants to Customer that Contractor is licensed to perform constructionworkinMinnesotaandContractorhasthefinancialandstaffingcapacitytocompletetheconstruction. Contractor warrants to Customer that all materials, fixtures and equipment will be newunlessotherwisespecified, of good quality, and free from material defects (as defined within Section15(B)(ii) herein), and that all construction will be of good quality. (ii) Customer understands that millwork material, cabinets, and hardwood floors tend to move, shrink, and/or expand due to moister changes in climates and seasons. This may cause separation in jointstooccurovertime. (iv) Contractor will assign to Customer all available manufacturers’ warranties applicable to materials, fixtures or equipment installed by Contractor or by Contractor or by any subcontractor as a part oftheWork. Contractor shall have no responsibility for any defective or non-conforming materials, fixtures or equipment covered by a manufacturers’ warranty.
16. Dispute Resolution
If any dispute arises under the terms of this agreement, the parties agree to select a mutually agreeable neutral third
party to help them mediate it. If the mediation is deemed unsuccessful, the parties agree that the dispute shall be
decided by the applicable small claims court if the amount in dispute is within the court's jurisdiction, and otherwise by
binding arbitration under the rules issued by the American Arbitration Association. The decision of the arbitrator shall be
final. Any costs and fees (other than attorney fees) associated with mediation and arbitration shall be shared equally by
the parties. Each party shall pay his or her own attorney fees.
17. Indemnification (Hold Harmless) Clause
Contractor agrees to hold harmless and indemnify Customer for all damages, costs and attorney fees that arise out of
harm caused to Contractor, subcontractors, and other third parties, known and unknown by Contractor's performance
of the specified work, except as follows: _
Obtain adequate business liability insurance that will cover Job and any injuries to subcontractors or employees.
Page 4 of 5 Pebble Creek Custom Homes Initials ______ ______
BC691406
18. Site Maintenance
Contractor agrees to be bound by the following conditions when performing the specified work:
Contractor shall perform the specified work between the following hours: 7am – 7pm, or site office hours.
At the end of each day's work, Contractor's equipment shall be stored in the following location: In the work site area.
19. Radon; Electromagnetic Field; Other Environmental Conditions
Contractor does not have expertise or special information about radon or formaldehyde, the measurement or reduction
of radon or formaldehyde, electromagnetic fields, the detection of electromagnetic fields, acceptable levels or possible
health hazards associated with radon, formaldehyde or electromagnetic fields, or any other environmental condition or
hazard (collectively, “Environmental Conditions”). Contractor makes no warranty or representation of any kind, express
or implied, regarding: (i) the presence or absence of radon or formaldehyde; (ii) the effectiveness of any architectural or
engineering activities for reducing the presence of radon or formaldehyde; (iii) the presence or absence of
electromagnetic fields; (iv) the proximity or level of any electromagnetic field on the Property; or (v) the presence or
absence of any other Environmental Condition. There have been NO Radon tests done to the property.
20. Formaldehyde Disclosure
Minnesota law requires that the following warning be provided in the sale of the buildings or building products
containing Urea Formaldehyde:
IMPORTANT HEALTH NOTICE: SOME OF THE BUILDING MATERIALS USED IN THIS HOME (OR THESE BUILDING
MATERIALS) EMIT FORMALDEHYDE. EYE, NOSE AND THROAT IRRITATION, HEADACHE, NAUSEA AND A VARIETY OF
ASTHMA-LIKE SYMPTOMS, INCLUDING SHORTNESS OF BREATH, HAVE BEEN REPORTED AS A RESULT OF
FORMALDEHYDE EXPOSURE. ELDERLY PERSONS AND YOUNG CHILDREN, AS WELL AS ANYONE WITH A HISTORY OF
ASTHMA, ALLERGIES, OR LUNG PROBLEMS, MAY BE AT GREATER RISK. RESEARCH IS CONTINUING ON THE POSSIBLE
LONG-TERM EFFECTS OF EXPOSURE TO FORMALDEHYDE.
REDUCED VENTILATION MAY ALLOW FORMALDEHYDE AND OTHER CONTAMINANTS TO ACCUMULATE IN THE
INDOOR AIR. IDGH INDOOR TEMPERATURES AND HUMIDITY RAISE FORMALDEHYDE LEVELS. WHEN A HOME IS TO BE
LOCATED IN AREAS SUBJECT TO EXTREME SUMMER TEMPERATURES, AN AIR CONDITIONING SYSTEM CAN BE USED
TO CONTROL INDOOR TEMPERATURE LEVELS. OTHER MEANS OF CONTROLLED MECHANICAL VENTILATION CAN BE
USED TO REDUCE LEVELS OF FORMALDEHYDE AND OTHER INDOOR AIR CONTAMINANTS.
IF YOU HAVE ANY QUESTIONS REGARDING THE HEALTH EFFECTS OF FORMALDEHYDE, CONSULT YOUR DOCTOR OR
LOCAL HEALTH DEPARTMENT.
21. Mold Disclosure
Mold spores occurs naturally and is nearly everywhere. The presence of high levels of moisture is necessary to grow
otherwise dormant mold spores Contractor perform work intended to minimize mold growth during construction. After
construction, it is the responsibility of the Customer to maintain the property in a manner that controls the growth of
mold.
Customerh agrees that Contractor will not be responsible for the existence of mold in the property or for damage
caused by mold, including adverse health effects, injury to persons, or damage to property, loss of use or loss of value,
except to the extent directly caused by Contractor’s failure to conform to applicable building standards, and then only to
the extent that Contractor does not correct any non-conformance with applicable building standards within thirty (30)
Page 5 of 5 Pebble Creek Custom Homes Initials ______ ______
BC691406
days of written notice from the Customer, or such longer period as may be reasonable under all of the facts and
circumstances. Under no circumstances will Contractor be liable if the adverse effects of mold could have been
controlled by Customer’s exercise of good mold management practices, or for incidental or consequential damages.
Customer acknowledges that Contractor has not made, and hereby waives, any and all implied warranties relating to
mold, including without limitation, the implied warranty of habitability and the implied warranty of fitness for a
particular purpose. Customer waives all claims against Contractor arising because of the existence of mold.
23. Additional Agreements and Amendment:
All agreements between Customer and Contractor related to the specified work are incorporated in this contract. Any
modification to the contract shall be in writing.
Customer: Jake Thiesen
Signature: ________________________________________________ Date: 5-3-22
Customer Address: 4649 Dakota Street SE, Prior Lake, MN 55372
Contractor: PEBBLE CREEK CUSTOM HOMES, LLC
Signature: ________________________________________________ Date: 5-3-22
By: Jerik Brumm
Title: Managing Partner
Address: 8774 Egan Drive, Savage, MN 55378
PEBBLE CREEK CUSTOM HOMES LLC
ITEM: 7ACITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: JeffMatzke, Planner
PRESENTED BY: JeffMatzke
AGENDA ITEM: Consider Vacating aPortion ofaDrainage andUtilityEasement at1563
Belmont AvenueNW
GOAL AREA Desirable & Sustainable Development
OBJECTIVE: 4. Encourage development andpreservation ofqualitylife-cycle residential
housingoptions.
RECOMMENDED ACTION:
Motion andsecond toapprove aresolution for vacation ofaportionofadrainage andutility
easement at1563BelmontAvenue NW
BACKGROUND:
Thepurpose ofthis agenda itemistoholdapublic hearing toconsider arequest byNickolas
Moonen, theproperty owner, tovacateaportion ofadrainage andutilityeasement locatedwithin
therearyardof1563Belmont Avenue.
Asrequired byStateStatute462.358Subd.7, theCityCouncilisrequired toreviewthedisposal
oracquisition ofpublic landsasitrelatestocompliance withtheComprehensive Plan. Upon
proper notification, State Statute 462.358allowstheCouncil tovacate easements byresolution.
Thestatutealsostates, “nosuchvacation shallbemade unlessitappears tobeinthepublic
interest todoso.”
TheComprehensive Plandoesnotspecifically discussutilityeasements, other thanasafunction
ofensuring access topublicutilities. Thevacation oftheseeasements isnotinconsistent with
anyspecificgoalorobjective oftheComprehensive Plan. Nopublic needwill bepresent as
dedicated easements willremainforthenecessary lot.
FINANCIAL IMPACT:
NoImpact.
ALTERNATIVES:
1. Motion andasecond toapprove aresolution approving thevacation ofdrainage andutility
easements at1563 Belmont Avenue NW
2. Motion andasecond todeny thevacation ofdrainage andutilityeasements at1563
Belmont Avenue NW
3. Motion andasecond totable actionanddirectstafftoprovide additional information
specifically requested bytheCity Council.
ATTACHMENTS:
1. Location Map
2. Easement Vacation Sketch
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 22-___
RESOLUTION PROVIDING FOR THE VACATION OF APORTION OF ADRAINAGE &
UTILITY EASEMENT AT1563 BELMONT AVENUE NW
Motion By: Second By:
WHEREAS, Nickolas Moonen (the “Applicant”), theproperty owner, hassubmitted apetition for
thevacation ofaportionofadrainage andutilityeasement within therearyard of
1563Belmont Avenue NW. Thepetitionhasbeen duly presented totheCityofPrior
Lakebytheowners oftheproperty situated intheCityofPriorLake, Scott County,
Minnesota towit:
Legal Description (Vacated Drainage & Utility Easement Area):
Commencing atthesouthwest corner ofsaidLot3, Block3, BELMONT ESTATES;
thence North04degrees 39minutes 30seconds West, assumed bearing along the
WestlineofSaidLot3, adistance of66. 35feettotheWesterly extension ofthe
Northlineoftheoriginally dedicated drainage andutilityeasement; thence North89
degrees 29minutes 02seconds East, adistance of5.01feettoalinethatis5.00
feetEasterly ofandparallel tosaidWestlineandthepoint ofbeginning; thence
South 04degrees 39minutes 30seconds East, parallel withsaidWest line, a
distanceof56.38feettoalinethatis10.00 feetNortherlyofandparallel totheSouth
lineofsaid Lot3; thence South 89degrees 40minutes 58seconds East, parallel to
saidSouthline, adistance of96.28feettoalinethatis5.00feetWestofandparallel
totheEastlineofsaidLot3; thence North02degrees 34minutes40seconds West,
parallel tosaidEastline, adistanceof57.67feet totheNorthlineoftheoriginally
dedicated drainage andutilityeasement ; thence South89degrees 29minutes 02
seconds West, along saidNorth line, adistance of98.27feettothepoint of
beginning.
WHEREAS, Noticeofthehearing hasbeendulypublished and posted inaccordance with the
applicable Minnesota Statutes; and
WHEREAS, APublicHearing washeldonsaidpetition onMonday, June6, 2022, inthe Council
Chambers atCityHall, 4646Dakota StreetSE; and
WHEREAS, TheCityCouncil thenproceeded tohear allpersons interested insaidpetition and
persons interested wereafforded theopportunity topresent theirviews and
objections tothegranting ofsaidpetition; and
WHEREAS, Applicable deeded easements fordrainage andutilitypurposes areinplace, sothe
existing drainage andutilityeasements arenolongernecessary forthemaintenance
ofpublic utilitiesoranyotherpublic purpose.
NOW THEREFORE, BEITHEREBY RESOLVED BYTHE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA asfollows:
1. Therecitals setforthaboveareincorporated herein.
2. TheCityCouncil ofPriorLakehasdetermined thatthevacation ofsaid publiceasement
would beinthepublic interest.
3. Drainage improvements shallbeinstalled and completed priortoissuance ofpool
permit.
4. Grading permit isrequired forthiswork.
5. Providerecorddrawings ofdrainage improvement installation oncecomplete.
6. Maintenance agreements shallberecorded atScottCounty priortocommencing drainage
improvements.
7. Pursuant toMinnesota Statues 462.358, thefollowing described publiceasement is
hereby vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
Commencing atthesouthwest corner ofsaidLot3, Block3, BELMONT ESTATES; thenceNorth
04degrees 39minutes 30seconds West, assumed bearing alongtheWestlineofSaidLot3, a
distance of66. 35feettothe Westerly extension oftheNorthlineoftheoriginally dedicated
drainage andutility easement; thence North89degrees 29minutes 02seconds East, adistance
of5.01feettoalinethatis5.00feetEasterly ofandparallel tosaidWestlineandthepointof
beginning; thence South 04degrees 39minutes 30seconds East, parallel withsaidWest line, a
distance of56.38feettoalinethatis10.00feetNortherly ofandparallel totheSouth lineofsaid
Lot3; thence South 89degrees 40minutes 58seconds East, parallel tosaidSouthline, adistance
of96.28feet toalinethatis5.00feet WestofandparalleltotheEastlineofsaid Lot3; thence
North02degrees34minutes40seconds West, parallel tosaidEastline, adistance of57.67feet
totheNorth lineoftheoriginally dedicated drainage andutility easement ; thence South 89
degrees 29minutes 02seconds West, alongsaid Northline, adistance of98.27feettothepoint
ofbeginning.
thPassedandadoptedbythePriorLakeCityCouncilthis6 dayofJune2022.
VOTE Briggs Thompson Braid Burkart Churchill
Aye
Nay
Abstain
Absent
JasonWedel, CityManager
2
Belmont Ave NW
12
77
42
44
27
21
87
16
23
15
18
82
78
17
79
70
83
14
1563 BELMONT AVE NW
Use
Location Map
X:\Planning\Location Map\Location Map Template\Location Map Template.aprx
0 300
Feet
City of Prior Lake
Planning Department
Subject Property
ITEM: 7BCITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: JeffMatzke, Planner
PRESENTED BY: JeffMatzke
AGENDA ITEM: Consider Vacating aPortionofaDrainage andUtilityEasement at
17776Meadows WaySE
GOAL AREA Desirable & Sustainable Development
OBJECTIVE: 4. Encourage development andpreservation ofquality life-cycle
residential housing options.
RECOMMENDED ACTION:
Motionand second toapprove aresolution foravacation ofaportion ofadrainage andutility
easement at17776 Meadows Way SE.
BACKGROUND:
Thepurpose ofthisagenda item istohold apublichearing toconsider arequest byBrendan
Woolsey, theproperty owner, tovacate aportion ofadrainage andutilityeasement located within
therearyardof17776Meadows Way SE.
Asrequired byStateStatute462.358Subd.7, theCityCouncilisrequired toreviewthedisposal
oracquisition ofpublic landsasitrelatestocompliance withtheComprehensive Plan. Upon
proper notification, State Statute 462.358allowstheCouncil tovacate easements byresolution.
Thestatutealsostates, “nosuchvacation shallbemade unlessitappears tobeinthepublic
interest todoso.”
TheComprehensive Plandoesnotspecifically discussutilityeasements, other thanasafunction
ofensuring access topublicutilities. Thevacation ofthese easements isnotinconsistent with
anyspecificgoalorobjective oftheComprehensive Plan. Nopublic needwill bepresent as
dedicated easements willremain forthenecessary lot.
FINANCIAL IMPACT:
NoImpact.
ALTERNATIVES:
1. Motion andasecond toapprove aresolution approving thevacation ofdrainage andutility
easements at17776 Meadows WaySE
2. Motion andasecond todenythevacation ofdrainage andutilityeasements at17776
Meadows WaySE
3. Motion andasecond totable actionanddirectstafftoprovide additional information
specifically requested bytheCity Council
ATTACHMENTS:
1. Location Map
2. 17776 Meadows WaySEProperty Survey
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 22-___
RESOLUTION PROVIDING FOR THE VACATION OF APORTION OF ADRAINAGE &
UTILITY EASEMENT AT 17776 MEADOWS WAY NW
Motion By: Second By:
WHEREAS, Brendan Woolsey (the “Applicant”), theproperty owner, hassubmitted apetitionfor
thevacation ofaportionofadrainage andutilityeasement within therearyard of
17776 Meadows Way SE. Thepetition hasbeen dulypresented totheCityofPrior
Lakebytheowners oftheproperty situated intheCityofPriorLake, Scott County,
Minnesota towit:
Legal Description (Vacated Drainage & Utility Easement Area):
Commencing atthesouthwest cornerofsaidLot3, Block 6, MEAOWS OFCLEARY
LAKE; thenceNorth 04degrees 39minutes 30seconds West, assumed bearing
alongtheWestlineofSaidLot3, adistance of66. 35feettotheWesterly extension
oftheNorthlineoftheoriginally dedicated drainage and utilityeasement; thence
North89degrees29minutes 02seconds East, adistance of5.01feettoalinethat
is5.00feetEasterly ofandparallel tosaidWest lineandthepointofbeginning;
thence South 04degrees 39minutes 30seconds East, parallel withsaidWestline,
adistance of56.38feettoalinethatis10.00feetNortherly ofandparallel tothe
Southline ofsaidLot3; thence South 89degrees 40minutes 58seconds East,
parallel tosaidSouth line, adistance of96.28feettoalinethatis5.00feetWestof
andparallel totheEastlineofsaidLot3; thence North 02degrees 34minutes40
seconds West, parallel tosaidEastline, adistance of57.67feettotheNorthlineof
theoriginally dedicated drainage andutilityeasement ; thence South 89degrees29
minutes 02seconds West, along saidNorthline, adistance of98.27feettothepoint
ofbeginning.
WHEREAS, Noticeofthehearing hasbeendulypublished and posted inaccordance with the
applicable Minnesota Statutes; and
WHEREAS, APublicHearing washeldonsaidpetition onMonday, June6, 2022, intheCouncil
Chambers atCityHall, 4646Dakota StreetSE; and
WHEREAS, TheCityCouncil thenproceeded tohear allpersons interested insaidpetition and
persons interested wereafforded theopportunity topresent their views and
objections tothegrantingofsaidpetition; and
WHEREAS, Applicable deeded easements fordrainage andutilitypurposes areinplace, sothe
existing drainage andutilityeasements arenolongernecessary forthemaintenance
ofpublic utilitiesoranyotherpublic purpose.
NOW THEREFORE, BEITHEREBY RESOLVED BYTHE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA asfollows:
1. Therecitals setforthaboveareincorporated herein.
2. TheCityCouncil ofPriorLake hasdetermined thatthevacation ofsaidpubliceasement
would beinthepublic interest.
3. Pursuant toMinnesota Statues 462.358, thefollowing described publiceasement is
hereby vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
Commencing atthe southwest corner ofsaidLot3, Block6, MEADOWS OFCLEARY LAKE;
thence North 04degrees 39minutes 30seconds West, assumed bearingalongtheWestlineof
Said Lot3, adistanceof66. 35feettotheWesterly extension oftheNorthlineoftheoriginally
dedicated drainage andutilityeasement; thenceNorth89degrees 29minutes 02seconds East,
adistance of5.01feettoaline thatis5.00feetEasterly ofandparallel tosaidWestlineandthe
point ofbeginning; thence South 04degrees 39minutes 30seconds East, parallel withsaidWest
line, adistance of56.38feettoalinethatis10.00feetNortherly ofand parallel totheSouth line
ofsaidLot 3; thence South89degrees 40minutes 58seconds East, parallel tosaid South line,
adistance of96.28feettoalinethatis5.00feetWestofandparalleltotheEastlineofsaid Lot
3; thence North 02degrees34minutes 40secondsWest, parallel tosaidEastline, adistance of
57.67feettotheNorthlineoftheoriginally dedicated drainage andutilityeasement ; thence South
89degrees 29minutes 02seconds West, alongsaidNorthline, adistance of98.27feettothe
pointofbeginning.
thPassedandadoptedbythePriorLakeCityCouncilthis6 dayofJune2022.
VOTE Briggs Thompson Braid Burkart Churchill
Aye
Nay
Abstain
Absent
JasonWedel, CityManager
2
Mi
ssi
onTrlSEMeadows Way SE
MissionTrlSET r a ilh e a d L n S E
12
44
87
23
211770
71 68
27
15
79
10
17776 MEADOWS WAY SE
Use
Location Map
X:\Planning\Location Map\Location Map Template\Location Map Template.aprx
0 300
Feet
City of Prior Lake
Planning Department
Subject Property
ITEM: 9ACITYCOUNCILAGENDAREPORT
MEETING DATE: June06, 2022
PREPARED BY: JeffMatzke, Planner
PRESENTED BY: JeffMatzke
AGENDA ITEM: Consider aResolution Approving aFinalPlatand aResolution
Approving aFinalPUDPlanforSpring LakeRidge
GOAL AREA Desirable & Sustainable Development
OBJECTIVE: 4. Encourage development andpreservation ofquality life-cycle
residential housing options.
RECOMMENDED ACTION:
AdoptaResolution Approving aFinal PlatandaResolution Approving aFinalPUD PlanforSpring
LakeRidge subject tothelistedconditions.
BACKGROUND:
DRHortonInc. hasapplied forapproval ofaFinal PlatandFinalPlannedUnitDevelopment (PUD)
Plan known asSpringLakeRidgetobedeveloped asa99-lot, low-density residential subdivision.
Thesubject siteislocated south of170thStreet, eastofMarschall Road (County Hwy 17). The
original developer, Winkler Land Co., isinagreement tosellthelandtoDRHortonInc. for
development ofthe99-lotsubdivision. DRHortonproposes todeveloptheproperty in2phases
with theconstruction ofthefirstphase of52lotsupforconsideration ofapproval currently.
OnMarch2, 2020theCityCouncil approved thePreliminary PlatandPreliminary Planned Unit
Development Plan (PUD) forSpringLake Ridge. Despite somesmaller lotsinthisplan, the
overallnethousing densityremains low. The PUDbenefits approved bytheCityCouncil include
thefollowing:
Dedication ofpublic openspace along theshoreline ofSpring Laketherebyeliminating
thefutureexistence ofanyprivate docks alongSpringLakeexcept foronesingle family
residential lot.
Dedication ofpublicopen space within thecentral wetland areas whichareutilized for
snowmobile trailsfromSpringLaketotheHwy 17corridor.
Dedication of1acreofadditional right-of-wayalongHwy17.
Installation ofpublictrailsandsidewalks (andregular maintenance bytheprivate property
owners insome cases) along thecollector road (Springview Drive), theexisting Sunset
Avenue, andtrailconnection through theCitywetland complex property toHwy12and
extending totheHwy17corridor.
Installation ofasnowmobile crossingimprovements
Escrow offunds tocomplete afuturepublic streetsealcoating
Asrequested bytheCity Councilattheir March 2, 2020meeting, CityStaffandtheDeveloper are
exploring theviability ofconstructing asidewalk ontheeastside ofSunsetAvenue, northofthe
newintersection with Springview Drive. Acondition ofapproval hasbeenadded tothePUD
CityofPriorLake | 4646DakotaStreetSE | PriorLakeMN55372
Item9A
Page | 2
resolution thatwouldrequire theDeveloper toinstall asidewalk ifapplicable easements canbe
acquired fromapplicable SunsetAvenue property owners.
Theprincipal requirements forfinalplat approval alsoinclude aDevelopment Agreement that
specifies thedevelopment fees andother requirements fortheconstruction ofthepublic
improvements suchasstreets andutilitiesaswellastheplatted lot(s).
FINANCIAL IMPACT:
Theapproval ofthedevelopment willallowfortheconstruction of52oftheplanned 99residential
lotsaspartoftheCity'staxbase.
ALTERNATIVES:
1. Motion andSecond, approving theFinalPlatResolution andFinalPUDResolution for
SpringLakeRidge subject tothelistedconditions.
2. Motion andSecond totabletheitemtoafutureCityCouncil Meeting.
ATTACHMENTS:
1. Location Map
2. Spring Lake Ridge development planandFinal Platexhibit
3. Spring LakeRidge Development Agreement
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 22-___
ARESOLUTION ADOPTING THE SPRING LAKE RIDGE FINAL PLAT
AND DEVELOPMENT AGREEMENT
Motion By: Second By:
WHEREAS, DRHortonInc. (the “Developer”), hassubmitted anapplicationtotheCityofPrior
Lake forapproval ofaFinalPlatforSpring LakeRidge; and
WHEREAS, TheCityCouncil hasfoundthatthefinalplatofSpring LakeRidgeisinsubstantial
compliance withthe approvedpreliminary plat.
NOW THEREFORE, BEITHEREBY RESOLVED BYTHE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA asfollows:
1. Therecitals setforth above areincorporated hereinasiffullysetforth.
2. ThefinalplatofSpringLakeRidge isapproved subject tothefollowing conditions, which shall
bemetbytheDeveloper prior torelease andrecording ofthefinalplat:
a. Acurrenttitleopinionorcommitment oftitle insurance issubmitted acceptable totheCity
Attorney.
b. Payment ofallfeespriortorelease ofthefinalplatmylars.
c. Threemylar setsofthefinal platwithallrequired signatures aresubmitted.
d. Thefinalplatandallpertinent documents mustbefiledwith ScottCounty within 90days
fromthedateoffinal platapproval. Failure torecordthedocuments by September 4,
2022, willrender thefinal platnullandvoid.
e. Thedeveloper shallrevise theplans according totheMay3, 2022 City Engineering &
Public Works Department Memorandum.
f. The developer shallrevise theplans according tothe May 2, 2022 CityCommunity
Development Department Memorandum.
3. TheMayor andCityManager arehereby authorized toexecute theDevelopment Agreement
onbehalf oftheCity.
thPassedandadoptedbythePriorLakeCityCouncilthis6dayofJune2022.
VOTE Briggs Thompson Burkart Braid Churchill
Aye
Nay
Abstain
Absent
JasonWedel, CityManager
4646DakotaStreet SE
PriorLake, MN 55372
RESOLUTION 22-___
ARESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN
FOR SPRING LAKE RIDGE
Motion By: Second By:
WHEREAS, DRHorton Inc. (the “Developer”), has applied foraFinal Planned Unit
Development (PUD) PlanforSpringLakeRidge; and
WHEREAS, ThePriorLake CityCouncilconsidered theproposed FinalPUD PlanonJune
6, 2022and findittobeinsubstantial compliance withtheapproved Preliminary
PUDPlan; and
WHEREAS, The CityCouncil finds thattheFinalPUD Plan iscompatible with thestated
purposes andintentoftheSection1106Planned UnitDevelopments ofthe
ZoningOrdinance.
NOWTHEREFORE, BE ITHEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA asfollows:
1. Therecitalssetforthaboveareincorporated herein.
2. TheFinalPUDPlanisherebyapproved subjecttothefollowing conditions:
a. The developer shallrevise theplansaccording tothe May3, 2022CityEngineering &
Public WorksDept. Memorandum.
b. Thedeveloper shall revise theplansaccording tothe May2, 2022 CityCommunity
Development Dept. Memorandum.
c. The Developer shall obtain any required permits from other stateorlocalagencies
applicable onthesite.
d. AspartofthePreliminary Platapproval byCityCouncilitwas determined that sidewalk
wasalso requested tobeconstructed along theeastsideofSunsetAvenuefromthenew
intersection ofSunset/Springview DrivetoCSAH 12. Ifatthetime thatstreet curbistobe
placed onSunset Avenue (anticipated tobeapproximately August2022) and1) theCity
hasreached agreement withtheresidents along Sunset Avenue and 2) thenecessary
easements havebeenobtained, thenthePublic WorksDirector candirecttheDeveloper
thatthesidewalkbedesigned andinstalled ontheeast sideofSunset Avenue. Ifanyof
theresidents donotagreeor otherwise failtoprovidethenecessary easements forthe
sidewalk, thePublicWorks Director may directthatthesidewalk notbeconstructed onthe
eastside ofSunsetAvenue.
thPassedandAdoptedthis6 dayofJune2022.
VOTE Briggs Thompson Braid Burkart Churchill
Aye
Nay
Abstain
Absent
JasonWedel, CityManager
CIVILENGINEERS LAND PLANNERS LANDSURVEYORS LANDSCAPEARCHITECTS
CIVILENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
Page 1
DEVELOPMENT AGREEMENT
SPRING LAKE RIDGE
PROJECT #19-000020
This Development Agreement (“Agreement”) is entered into this 6th day of June, 2022, by and
between the City of Prior Lake, a Minnesota municipal corporation ("City"), and D.R. Horton Inc. –
Minnesota, a Delaware Corporation (“Developer”).
WHEREAS, Developer is the owner of property located within the City of Prior Lake, County of
Scott, legally described on Exhibit A (“Property”);
WHEREAS, Developer has applied to the City for Final Plat approval for the construction of fifty-
two (52) residential units on the Property;
NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 22-___
Resolution”) for Final Plat approval for the construction of fifty-two (52) residential units and the related
public improvements on the Property, Developer agrees to construct, develop and maintain the Property
as follows:
1. RIGHT TO PROCEED. The City shall not issue a building permit and Developer shall
not construct upon the Property in any manner, or begin the Development Work until all of the following
Page 2
conditions have been satisfied: 1) the final Plat and this Agreement have been fully executed by all parties
and recorded in the office of the Scott County Recorder or Registrar or Titles as applicable; 2) the necessary
Security, deposits, fees and insurance have been received by the City, and 3) the City Engineer or his/her
designee has issued a letter that all conditions have been satisfied and that the Developer may proceed.
2. PHASED DEVELOPMENT. This Agreement represents approval only of the units
identified above and the related improvements set forth on the final Plat and Plans. It does not represent
approval of any additional development including any proposed future phases. If the final Plat is a phase
of a multi-phased preliminary Plat, the Developer shall submit, in accordance with City Code, a staging plan
for City Council approval which may allow the Developer more than one (1) year to subdivide the Property
into lots and blocks. If the final Plat is a phase of a multi-phased preliminary Plat, the City Council may
refuse to approve final plats of subsequent phases or other Plats within the City if the Developer has breached
this Agreement or any terms or conditions set out in the Resolution and the breach has not been remedied. In
addition, no other subsequent phases may proceed until the City Council approves development agreements
for such phases. Fees and charges collected by the City in connection with infrastructure, public
improvements and parkland dedication requirements are not being imposed on outlots, if any, in the final Plat
that are designated in an approved preliminary Plat for future subdivision into lots and blocks. Such charges
will be calculated and imposed when the outlots are subdivided into lots and blocks.
3. DEVELOPMENT PLANS.
A. The Property shall be developed in accordance with the final plans identified below, subject
to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this
Agreement, but are incorporated by reference and made a part of this Agreement as if fully set forth herein.
If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply.
The Plans are:
Page 3
Plan A -- Final Plat as stamped approved by the City Engineer or his/her designee
Prepared by Pioneer Enginering Inc.) subject to the changes and
modifications set forth in the Resolution.
Plan B -- Final Grading, and Erosion Control Plan(s) including Storm Water Pollution
Prevention Plan (“SWPPP”) as stamped approved by the City Engineer or
his/her designee (Prepared by Pioneer Enginering Inc.)
Plan C -- Plans and Specifications for Developer Installed Public Improvements as
stamped approved by the City Engineer or his/her designee (Prepared by
Pioneer Enginering Inc.)
Plan D -- Landscape Plan as stamped approved by the City Community Development
Director or his/her designee (Prepared by Pioneer Enginering Inc.)
B. In addition, Developer shall grade, construct upon, and improve the Property pursuant to
all requirements of this Agreement, the Resolution, the Prior Lake City Code, the City's Public Works
Design Manual (“PWDM”), and the direction of City Manager or his/her designee. All improvements and
other work required by the Plans, the Developer Installed Public Improvements, and such other work as
is required by this Agreement, the Resolution or the documents or parties identified above are hereafter
referred to as the "Development Work." Developer shall be responsible for all costs related to the
Development Work.
4. DEVELOPER INSTALLED PUBLIC IMPROVEMENTS.
A. The Developer shall install and pay for the public improvements identified in the Plans,
hereinafter referred to as the “Developer Installed Public Improvements”, which may include but are not
limited to: Sanitary Sewer System, Water System, Storm Sewer, Streets, Concrete Curb and Gutter, Street
Lights, Site Grading and Ponding, Underground Utilities, Traffic Control Signs, Street Signs, Setting of Iron
Monuments, Sidewalks, Trails, and Boardwalks, Landscaping and Wetland Buffer Signage. All Develoepr
Installed Public Improvements shall be dedicated or conveyed to the public, and shall be located within
public property, right-of-way, or easement dedicated to the public.
B. Developer shall complete all Developer Installed Public Improvements and obtain the City
Council’s written acceptance of the Developer Installed Public Improvements no later than December 31,
Page 4
2022. The final wear course on streets shall be installed by October 31st of the same year the base layer of
asphalt is installed. If the final wear course is not installed by the date required herein, no additional building
permits shall be issued for the Property until the punch list is complete and the final wear course installed. All
punch list items shall be completed before the final wear course is installed in order to allow for inspection.
Any modifications to this section are to be proposed in writing and approved by the City Engineer
C. Developer shall mark and label the GPS coordinates of the Developer Installed Public
Improvements as the improvements are constructed. All of the following items must be marked and labeled
and the data provided to the City in a form compatible with ArcGIS.
Watermain – bends, tees, valves, crosses, sleeves, services corps, curb stops, future stubs.
Sanitary sewer – manholes, service wyes, service stubs, cleanouts, future sanitary sewer stubs.
Storm Sewer – manholes, catchbasins, outlet structures, flared end sections, cleanouts, tile, valves.
Signs – all developer installed signs and type of sign.
The City Council will not accept the Devleoper Installed Pubilc Improvements unless the GPS coordinates
for all of the listed items are provided. If Developer fails to provide the required coordinates, Developer will
be required to re-access the improvements, mark and label the GPS coordinates and then restore the
improvements.
D. As a condition of the City Council’s acceptance of the Developer Installed Public
Improvements, the Developer’s engineer shall by written letter certify to the City that the Developer’s
engineer made reasonable inspections of the Developer Installed Public Improvements and that the
Developer Installed Public Improvements were built in accordance with this Agreement.
E. Upon the City Council’s written acceptance, by City Council Resolution, of the Developer
Installed Public Improvements, the Developer Installed Public Improvements shall automatically become
property of the City without further notice or action. The Developer shall be responsible for all
maintenance of the Developer Installed Public Improvements until written acceptance by the City Council.
Page 5
F. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee,
charge, assessment or consideration, to any party, for connection or access to, or service by, any Developer
Installed Public Improvement.
5. PROJECT TESTING. The Developer is responsible, at the Developer’s sole cost, to provide
testing to certify that Developer Installed Public Improvements were completed in compliance with the Plans.
The personnel performing the testing shall be certified by the Minnesota Department of Transportation. The
City Engineer or his/her designee has the sole discretion to determine if additional testing is necessary. The
cost of additional testing is to be paid by the Developer.
6. FINAL PLAT AND AS-BUILTS.
A. Within 30 days after the completion of the Developer Installed Public Improvements,
Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete
sets of blue line “as constructed” plans, all prepared in accordance with City standards. In addition,
Developer shall provide the City with an as-built grading plan and a certification by a registered land surveyor
or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by
the City. The Security shall not be released until the as-builts have been received by the City. The as-built
plans shall include field verified elevations of the following: a) cross sections of ponds, b) location and
elevations along all swales and ditches, and c) lot corners and house pads. The Developer shall also submit
a land tabulation certified by a registered engineer showing that all pads have been corrected in accordance
with project specifications.
B. The Developer shall submit the final Plat in electronic format. The electronic format shall be
compatible with the City's current software. In addition, upon completion of the project the Developer shall
provide the City with as-built utility plans in electronic format compatible with the City’s current software
and with layers, colors, and line-types formatted in accordance with City standards. Additionally, three (3)
Page 6
full size (22 X 34 inch) paper copies and one (1) reduced (11 X 17 inch) copy shall be certified and submitted
to the City.
7. MONUMENTS. Before the Security is released, Developer shall install iron monuments in
accordance with Minn. Stat. §505.021. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
8. WARRANTY. Developer warrants all Developer Installed Public Improvements against
any defects, poor material and faulty workmanship for a period of two years after its completion by
Developer and acceptance by the City Council. Any replacement work shall be so warranted for two years
after its completion by Developer and acceptance by the City Council. Both the Developer Installed Public
Improvement warranty period described in this paragraph and the landscape warranty period described in
paragraph 20 below are hereinafter referred to as the “Warranty Period”.
9. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property.
10. EROSION CONTROL.
A. Developer shall be responsible for constructing and maintaining all grading, storm
water/drainage infrastructure, and erosion control in compliance with the Plans, the City Engineer or
his/her designee’s requirements, and the individual building/grading plan for each specific lot, until the
later of: (i) such time as the City Council has accepted the Developer Installed Public Improvements in
writing; or (ii) a certificate of occupancy has been issued for each specifc lot.
B. Developer shall install silt fence prior to lot construction to avoid erosion to adjoining
properties, public sidewalk or the public street; locate all garbage roll offs and dumpsters, or cause the
same to be located, on the Property and not on public property; and install protection at catch basins to
prevent silt and debris from entering the storm sewer.
Page 7
C. Developer shall seed or lay cultured sod in all boulevards and restore all other areas disturbed
by the Development Work within thirty (30) days of the completion of street related improvements.
Boulevard and Area Restoration shall be in accordance with the approved erosion control plan and SWPPP.
No building permits will be issued until the Developer has installed silt-fence behind the curb of all
buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request
of the City Engineer or his/her designee, the Developer shall remove the silt fences after turf establishment.
D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented
by the Developer and inspected and approved by the City Engineer or his/her designee. The City Engineer
or his/her designee may require the Developer, at no cost to the City, to install additional erosion control
measures if they are necessary to meet erosion control objectives. All areas disturbed shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
E. No development, utility or street construction will be allowed unless the Property is in full
compliance with the erosion control requirements.
11. CONSTRUCTION ACCESS. Construction traffic access is restricted to Sunset Avenue SW.
No construction traffic is permitted on other adjacent local streets.
12. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. Wetland Buffer Signage must be installed prior to the issuance of any building permits within
the Property and in accordance with the requirements of the Public Works Design Manual (Part III,
Hydrology Rules).
B. A temporary or permanent certificate of occupancy shall not be issued for any building on the
Property until water and sanitary sewer improvements have been installed and the streets have been completed
and said improvements have been inspected and determined by the City Engineer or his/her designee to be
available for use.
Page 8
C. Notwithstanding any other provision of this Agreement, the City will issue a building permit
for up to two (2) model homes and a temporary parking lot upon Developer’s compliance with the following
requirements: (1) approval of the building plans by the Building Official; (2) approval of a site survey for
the model home(s) and parking lot(s) by the City Community Development Director, and (3) presence of a
paved street within 300 feet of a model home and presence on said paved street of a fire hydrant within 300
feet of a model home and approval by the Fire Chief.
13. CONSTRUCTION OBSERVATION. The City’s authorized personnel or contractors shall
provide construction observation during the installation of the Developer Installed Public Improvements in
accordance with the PWDM. These services by the City shall include:
A. Construction observation during installation of required Developer Installed Public
Improvements, which include grading, sanitary sewer, water main, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed Public
Improvements.
C. Field document as-built location dimensions for sanitary sewer, water main and storm sewer
facilities. The Developer’s Engineer is responsible for data collection and preparation of as-built record plans.
D. Resident communication for Sunset Avenue reconstruction.
14. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS.
A. Developer shall convey to the City, through dedication in the final Plat or a separate
conveyance document, fee title or an easement (whichever is required by the City Attorney), all of the
following: (i) the property encompassing all Developer Installed Public Improvements, (ii) property
necessary for all public and private connections and access to all Developer Installed Public
Improvements, (iii) property for streets, sidewalks, and trails identified in the Plans; (iv) any property for
park dedication, and (v) all other property interests, conveyance of which is required by this Agreement.
Page 9
B. Developer shall obtain the written approval of the City Attorney and the City Engineer or
his/her desingee of the form of the conveyance documents and the location of all easements or fee title
conveyances required by this Agreement.
C. With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City ("Dedicated Property"), Developer represents
and warrants as follows now and at the time of dedication or conveyance: (i) that Developer has
marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated
Property. Prior to final plat approval, Developer shall provide to the City a current title insurance policy
insuring such a condition of title; (ii) that Developer has not used, employed, deposited, stored, disposed
of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to
42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances"); (iii) that Developer has not allowed any
other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any
Hazardous Substances; and (iv) that to the best of its knowledge, Developer warrants that no previous
owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed
in or on the Property any hazardous substances.
D. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs, that
the City incurs because of the breach of any of the above representations or warranties and/or resulting
from or due to the release or threatened release of Hazardous Substances which were, or are claimed or
alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or
allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
Page 10
15. DEPOSITS/ESCROWS.
A. Deposit for Legal Fees. Developer shall be responsible for all reasonable legal fees incurred
by the City relating to revisions and amendments to and enforcement of this Agreement. Developer shall
make a cash deposit with the City for legal fees incurred by the City. If the cash deposit is exhausted, the
City Engineer or his/her designee may require that Developer submit additional funds to replenish the
cash deposit. Alternatively, the City Engineer or his/her designee may invoice the Developer direclty for
such costs and Developer shall pay all such invoices within ten (10) days of receipt. City may cease all
work and review of the Development Work until the invoice is paid and/or the cash deposit is replenished.
Any balance remaining in the cash deposit after the expiration of the Warranty Period shall be returned to
the Developer.
B. Construction Observation Deposit. Developer shall be responsible for all construction
observation costs incurred by the City relating to this Agreement. Developer shall make a cash deposit
with the City for construction observation. If the cash deposit is exhausted, the City Engineer or his/her
designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively,
the City Engineer or his/her designee may invoice the Developer directly for such costs and Developer
shall pay all such invoices within ten (10) days of receipt. City may cease all work and review of the
Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining
in the cash deposit after the City Council’s final acceptance of the Developer Installed Public
Improvements shall be returned to the Developer.
16. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set
forth in the City Fee Schedule and described in detail in Exhibit B prior to any work occurring on the
Property. Fees and charges are nonrefundable. Such fees and charges may include but are not limited to
the following:
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A. Administrative Fee. Developer shall pay to the City an Administrative Fee based on
construction cost estimates to reimburse the City for costs incurred.
B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park
dedication fees for the Property as required by City Code in effect as of the date of the plat approval.
C. Tree Preservation and Replacement.
D. Trunk Storm Water Acreage Charge.
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
G. Street Light Operational Costs.
H. Chip Seal Fee.
17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance
of all platted lots on the Property, including but not limited to mowing and weed control, sidewalk clearing
ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and
other maintenance issues for which the Developer receives notice from the City Manager or his/her
designee. Developer’s obligations pursuant to this paragraph shall continue until the later of: (i) such time
as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each
specific lot is sold.
18. OVERSIZING. Oversizing is the construction of a Developer Installed Public Improvement
to City specifications that exceeds those that would be required of the Developer in order to serve additional
development. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer or his/her designee determines that oversizing is
required for sanitary sewer, water or storm drainage, the City shall reimburse the Developer for the costs
associated with this work. City and Developer agree that the cost of system oversizing to be reimbursed to
the Developer is based upon the following: a cost estimate by the City Engineer or his/her designee based on
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an engineer’s estimate or contractors bid to be provided by the Developer; and application of the City's
Assessment Policy based on a final engineering design as described in Exhibit B. If the City Engineer or
his/her designee determines that oversizing is required for road improvements, Developer shall install such
oversize improvements at Developer’s cost.
19. LANDSCAPING (Single-Family Residential). In accordance with the City Subdivision
Code, each residential lot on the Property must have at least two (2) front yard trees. The City shall not issue
a building permit for a lot until two (2) front yard trees are planted or retained and a cash escrow or letter of
credit for the lot in question’s landscaping is provided to the City. The City shall not issue a certificate of
occupancy for a lot until the front yard, boulevard, and side yards to the rear of every structure have been
sodded, weather permitting. If the required landscaping is not installed, the City is granted a right of entry to
enter upon the lot and install the landscaping using the escrowed funds or letter of credit. Upon satisfactory
completion of the landscaping on the lot, the escrowed funds less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
20. LANDSCAPING. Landscaping for the Property shall comply with Plan C. Developer shall
warrant all required trees, whether the trees are to be retained or planted, for one (1) year from the later of: (i)
the planting of the tree; or (ii) the issuance of a certificate of occupancy to the lot upon which the tree is
located. A tree replaced under this warranty shall be warranted an additional one (1) year from the date of
the planting of the replaced tree. In additional to all other security required under this Agreement, Developer
shall provide to the City a cash escrow or letter of credit in the amount specified in Exhibit B to secure the
planting and retainage of the required trees and to secure this warranty. If Developer fails to plant or retain
the required trees or fails to comply with this warranty, the City may draw upon the escrowed funds or letter
of credit to plant or replace required trees. Developer may periodically request reductions of the escrowed
funds or letter of credit and the City Engineer or his/her designee may approve such a request in an amount
of the value of each healthy tree for which the warranty has expired as determined by the City Engineer or
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his/her designee. No tree plantings shall be placed within five (5) feet of a sanitary sewer, storm sewer, or
water main line. All plantings permitted in public right-of-way/boulevard areas shall be placed a minimum
four (4) feet behind the curb, be of deciduous species (no coniferous species), and be located outside of a fifty
50) foot sight triangle at street corners.
21. SECURITY.
A. To guaranty compliance with the terms of this Agreement, Developer shall furnish the City
an irrevocable letter of credit or other security deemed acceptable to the City Attorney and City Engineer
or his/her designee (“Security”) in the following amounts:
i. 125% of projected costs for the Developer Installed Public Improvements as
certified to by a registered engineer and approved by the City Engineer or his/her
designee.
ii. 125% of projected costs for the grading, drainage, wetland and erosion control plan,
including storm water calculations from proposed impervious surfaces as certified
by a registered engineer and approved by the City Engineer or his/her designee.
iii. 125% of projected costs for the landscape plan, as certified by a registered engineer
and approved by the City Engineer or his/her designee.
B. This, and any other breakdown, is for establishing the amount of the Security not a restriction
on the use of the Security. All Security held by the City may be used in any manner allowed by this
Agreement, to reimburse the City for any costs incurred related to this Agreement and the project, and/or to
cure any breach of this Agreement.
C. The Security shall be in the form attached hereto as Exhibit C or other form as approved by
the City Attorney in writing and shall be from a bank approved by the City Attorney. The bank shall be
authorized to do business in the State of Minnesota. The Security shall extend through completion,
acceptance by the City Council and the Warranty Period of the Developer Installed Public Improvements.
D. In the event that Developer fails to comply with the terms of this Agreement (“breach”),
the City may draw on the Security in whole or in part without notice by delivering or mailing by certified
mail to the issuer a statement identifying the amount of the draw and reason for the draw. In addition, if
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the Development Work is not completed at least 30 days prior to the expiration of the Security, the City
may draw on the Security in the same manner. The City shall not be under any obligation to cure any
breach of the terms of this Agreement with the proceeds from the Security, but may, at the City’s sole
option, cure the breach or retain the proceeds from the Security until Developer cures the breach. In the
event the breach is fully cured by Developer, the City shall then release to Developer such retained draw
proceeds, less any expenses incurred by the City as a result of the breach (including but not limited to
engineer’s, attorney’s, and other consultant fees and costs).
E. If the City makes a draw on the Security, Developer shall immediately replenish the
Security to an amount then sufficient to cure any breach plus 125% of the cost of all Development Work
then remaining for which the Security was required.
F. The City Engineer or his/her designee may, from time to time, and only if Developer is
otherwise in compliance with all terms of the Agreement, approve a reduction in the amount of the
Security based upon work completed. The City shall at all times throughout construction and the Warranty
Period maintain a minimum $50,000 or 10% of the Development Work for which Security was required,
whiciever is greater.
22. CLEAN UP AND DAMAGE:
A. Developer assumes full financial responsibility for any damage which may occur to public
property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to water main, sanitary sewer or storm sewer when said damage occurs as a result
of the activity which takes place during the development of the Property. Developer further agrees to pay
all costs required to repair the streets, utility systems and other public property damaged or cluttered with
debris when occurring as a direct or indirect result of the construction that takes place on the Property.
B. Developer shall clean the streets every day or as required by the City Engineer or his/her
designee.
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C. Developer agrees that any damage to public property occurring as a result of construction
activity on the Property shall be repaired immediately if deemed to be an emergency by the City Engineer
or his/her designee. Developer further agrees that any damage to public property as a result of construction
activity on the Property shall be repaired within 14 days if not deemed to be an emergency by the City
Engineer or his/her designee.
23. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work performed by
Developer and Developer’s contractors and subcontractors shall be performed exclusively upon the
Property. Any work related to roads, trails, drainage, and utility improvements, which are specified herein
to occur on land outside the Property, shall occur exclusively within the appropriate easement boundaries
for such work. In no event shall any work performed by Developer or Developer’s contractors and
subcontractors interfere with other properties, right-of-ways, or easements.
24. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property during construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 72 hour notice of such
violation in order to allow a cure of such violation, provided however, City need not issue a building or
occupancy permit for construction or occupancy on the Property while such a violation is continuing,
unless waived by the City Engineer or his/her designee. The existence of a violation of City Code or the
failure to perform or fulfill an obligation required by this Agreement shall be reasonably determined by
the City Manager or his/her designee.
25. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents from and
against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages
and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's
consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its
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responsibilities to release, defend and indemnify because of any inspection, review or approval by City.
26. RESPONSIBILITY FOR COSTS. Except as otherwise specified herein, Developer shall
pay all costs incurred by it or the City in conjunction with the development of the Property, including, but
not limited to, legal, planning, engineering, design, development, construction, clean up, repair, easement
and land acquisition, and inspection expenses incurred in connection with (i) review, approval, denial, and
implementation of zoning, CUP, platting, site and building plan, and any other reviews, approvals, or
denials by the City and any other reviewing authority; (ii) the Developer Installed Public Improvements;
iii) the Property; (iv) the preparation and review of the Agreement and other documents referred to in the
Agreement or related to the Development Work; and (v) enforcing the terms of this Agreement. Developer
shall pay in full all bills submitted to it by the City, in accordance with this Agreement, within 30 days
after receipt.
27. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Agreement, “Event of Default” shall include, but not be
limited to, any one or more of the following events: (1) failure by the Developer to pay in a timely manner,
all fees, charges, taxes, claims and liabilities, including but not limited to all real estate property taxes, utility
charges, and assessments with respect to the Property; (2) failure by the Developer to construct the Developer
Installed Public Improvements pursuant to the terms, conditions and limitations of this Agreement; (3) failure
by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be
observed or performed under this Agreement; (4) transfer of any interest in the Property without prior written
approval by the City Council (for the purpose of this paragraph, the sale of a lot, except an outlot, to a builder
is not an event of default); (5) failure to correct any warranty deficiencies; (6) failure by the Developer to
reimburse the City for any costs incurred by the City or to pay when due the payments required to be paid or
secured in connection with this Agreement; (7) failure by the Developer to renew the Security at least thirty
30) days prior to its expiration date; (8) receipt by the City from the Developer’s insurer of a notice of pending
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termination of insurance; (9) failure to maintain a current insurance certificate on file with the City meeting
City requirements; (10) failure to maintain the required insurance, bonds or Security; (11) a breach of any
provision of this Agreement; (12) if any representation made by Developer in this Agreement, is inaccurate,
either when made or at a later date; (13) failure by Developer to pay its debts as they become due, the
voluntary or involuntary filing of a petition in bankruptcy, an assignment by Developer for the benefit of its
creditors, or the appointment of a receiver for (a) Developer; (b) all or any substantial portion of Developer’s
assets; (c) the Property; or (14) if Developer is in default under any mortgage or other pledge, guaranty or
security agreement.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, through the
City Manager, City Engineer, City Community Deveopment Director, City Attorney or any of their
designees, may take any one or more of the following actions:
1. The City may suspend its performance under this Agreement.
2. The City may draw upon or bring action upon any or all of the securities provided to
the City pursuant to any of the terms of this Agreement.
3. The City may take whatever action, including legal or administrative action, which
may be necessary or desirable to the City to collect any payments due under this Agreement or to enforce
performance and/or observance of any obligation, agreement or covenant of Developer under this Agreement.
4. The City may suspend issuance of building permits and/or certificates of occupancy
on any of the lots, including those lots sold to third parties.
5. The City may suspend the release of any escrowed dollars.
6. The City may use deposit or escrow dollars or other security to satisfy any outstanding
financial obligations to the City including but not limited to all real estate property taxes, utility charges, and
assessments with respect to the Property;
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7. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the Property and cure the default, including but not limited to, completion of the Development Work.
When the City does any such work all costs incurred by the City in performing such work shall be recoverable
by it from the Security, and shall also constitute a lien on the Property, and the City may, in addition to its
other remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429 of the
Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said special assessments
under Minnesota Statutes Section 429.081.
C. Notice. In a non-emergency, Developer shall first be given written notice of the Event of
Default not less than 48 hours prior to City’s curing the default or exercising a remedy, or such other period
of time as the City, in its sole discretion, deems reasonable under the circumstances. If, in the City’s judgment,
an Event of Default results in a threat to the public health, safety or welfare, the City may act to correct the
default without notice.
D. Election of Remedies. No remedy conferred in this Agreement is intended to be exclusive
and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more
remedies shall not constitute a waiver of any other remedy. The City may, but is not obligated to, exercise
any of the remedies referred to in this paragraph 27.
28. NOTICES.
A. Required notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by United States mail at the following address:
D.R. Horton – Minnesota; 20860 Kenbridge Ct.; Lakeville, MN 55044. Notices to the City shall be in writing
and shall be either hand delivered to the City Manager, or mailed to the City by United States mail in care of
the City Manager at the following address: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, Minnesota
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55372. Concurrent with providing notice to the City, notice(s) shall be served upon the City Attorney Dave
Kendall, Campbell Knutson P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, MN
55121.
B. Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above
specified, 10 days prior to the effective date of such change.
C. Notice related to an Event of Default shall include the following: (1) the nature of the breach
of the term or condition that requires compliance by the Developer, or the Event of Default that has occurred;
2) what the Developer must do to cure the breach or remedy the Event of Default; and (3) the time the
developer has to cure the breach or remedy the Event of Default.
29. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys’ fees, that the City incurs or suffers,
which arise out of, result from or relate to this Agreement or the Development Work. The responsibility to
indemnify and hold harmless the City, its Council, agents, employees, attorneys and representatives does not
extend to any willful or intentional misconduct on the part of any of these individuals.
30. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have
no recourse against the City under this Agreement. The Developer agrees that any party allegedly injured or
aggrieved as a result of the City Council’s approval of the final Plat shall seek recourse against the Developer
or the Developer’s agents. In all such matters, including court actions, the Developer agrees that the
indemnification and hold harmless provisions set out in paragraph 29 shall apply to said actions. This
Agreement is a contract agreement between the City and the Developer. No provision of this Agreement
inures to the benefit of any third person, including the public at large, so as to constitute any such person as a
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third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to
any cause of action for any person not a party hereto.
31. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the Warranty Period, a policy
of insurance with limits for bodily injury, death, and property damage of not less than $1,000,000.00 per
occurence and $2,000,000.00 aggregate. The City, its elected and appointed officials, officers, employees,
planners, engineers, attorneys, and agents shall be named additional insureds on any such policy. The
insurance certificate shall provide that the City shall be given 30 days advance written notice before any
modification, amendment or cancellation of the insurance becomes effective.
32. FINAL PLAT AND DEVELOPMENT AGREEMENT. The final Plat and Agreement
shall be recorded with the Scott County Recorder or Registrar of Titles, as applicable within 90 days of
approval by the City Council. The final plat shall be considered void if not recorded within the 90 days
provided for herein unless a request for a time extension is submitted in writing and approved by the City
Council prior to the expiration of the 90-day period.
33. RECONSIDERATION OR RESCISSION. If Developer fails to proceed in accordance
with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its
successors, and assigns, shall not oppose the City’s reconsideration and rescission of all approvals issued
in connection with this Agreement, thus restoring the status of the Property before the Agreement and all
such approvals.
34. SIGNS. The Developer hereby waives any claim against the City for removal of signs
placed in the right-of-way in violation of the City Code or State Statutes. The City shall not be responsible
for any damage to, or loss of, signs removed.
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35. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat and the
Developer in performing all work under this Agreement shall comply with all county, metropolitan, state,
and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the
Plat or Developer is not in compliance, the the City Engineer or his/her designee or the City Attorney may,
at his/her option, refuse to allow construction or Development Work on the Property until the Developer does
comply. Upon such demand, the Developer shall cease work until there is compliance.
B. Permits. The Developer shall obtain all necessary approvals, permits and licenses from the
City, and any other regulatory agencies and the utility companies. All costs incurred to obtain said approvals,
permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer
to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer.
C. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions
of this Agreement.
D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by
the parties and approved by resolution of the City Council.
E. Waiver. Failure of the City to require performance of any provision of this Agreement shall
not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the
City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify
the effectiveness of such provision.
F. Assignment. The Developer may not assign this Agreement without the prior written
approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire Property, or any part of it.
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G. Interpretation. This Agreement shall be interpreted in accordance with and governed by the
laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference
to any particular section or subdivision, refer to this Agreement as a whole rather than to any particular section
or subdivision hereof. Titles in this Agreement are inserted for convenience of reference only and shall be
disregarded in constructing or interpreting any of its provisions.
H. Successors and Assigns. Provisions of this Agreement shall be binding upon and
enforceable against Developer’s successors and assigns including but not limited to all purchasers and
owners of all or any part of the Property and their successors and assigns.
I. Performance Standards. The Property shall be developed and operated in a manner
meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations.
J. No City Liability. Except for the intentional acts of the City or its employees and
contractors, no failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.
36. PLANNED UNIT DEVELOPMENT. The Property is being developed as a Planned Unit
Development. The City Council has found that the proposed development of the Property is in compliance
with City Code Section 1106. The Property shall be developed in compliance with Resolution No. 22-
dated ____________, and the plans approved by that Resolution.
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CITY OF PRIOR LAKE
By: ________________________________
Mayor
By: ________________________________
City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of ____________, 20__, by
Mayor, and by ____________________, City Manager, of the City of Prior Lake,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
NOTARY PUBLIC
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D.R. Horton Inc. - Minnesota
By: ________________________________
Its: ________________________________
STATE OF MINNESOTA )
ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of ____________, 20__, by
as _____________________________________________of
D.R. Horton Inc. – Minnesota, a Delaware Corporation, on behalf of the coroporation.
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 25
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 26
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 27
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 28
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 29
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 30
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Page 31
EXHIBIT B
TO DEVELOPMENT AGREEMENT
Deposit/Escrow Amt Per Total
Construction Observation Deposit 8% of Public Improvements = $ 238,342.00
TOTAL Deposit/Escrow = $ 238,342.00
Fee Amt Per Total
Administrative Fee 6% of Public Improvements = $ 168,757.00
Park Dedication Fee $ 3,750.00 X 52 Units = $ 195,000.00
Trunk Sanitary Sewer Acreage $ 4,850.00 X 18.710 Acres = $ 90,744.00
Trunk Water Acreage $ 3,950.00 X 18.710 Acres = $ 73,905.00
Trunk Storm Sewer Acreage $ 4,300.00 X 18.710 Acres = $ 80,453.00
Chip Seal Fee (Public Streets) $1.90 X 14,538 Sq Yds = $ 27,622.00
TOTAL Fee = $636,481.00
10,000 of administrative fee already paid with plat applications (Total Admin Fee is $ 178,757.00)
Security Total
Sanitary Sewer = $ 1,094,480.75
Water Main = $ 435,808.00
Storm Sewer = $ 632,828.70
Streets/Sidewalks/Trails = $ 1,257,368.70
Street – Sunset Avenue Reconstruction = $ 55,705.00
Lift Station – Trenchless Connection 92,500.00
Subtotal (rounded) = $ 3,568,691.15
TOTAL (125% of subtotal) = $ 4,460,864.00
Oversizing Calculation Total
Trunk Sanitary Sewer = $ 589,411.00
Fees/amounts due may be paid and/or credited against amounts owed.
Page 32
EXHIBIT C
TO DEVELOPMENT AGREEMENT
SAMPLE IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Dear Sir or Madam:
By order of our client [name and address of client] we hereby issue our standby irrevocable Letter of Credit for the
account of the [insert name of client] for an amount or amounts not to exceed in the aggregate U.S. Dollars $
Thousand and No/100 U.S. Dollars) effective immediately and
expiring at our [insert address of office] on [insert date] relative to our client’s performance under that certain contract
entitled [insert name of contract/development agreement, etc.] dated [insert date of contract].
Funds under this Letter of Credit are available against your sight draft(s) on us, for all or part of this Letter of Credit,
mentioning thereon our Credit No.______. Each such draft must be accompanied by your signed written statement to the
effect that [name of client] has failed to comply with the terms and conditions of the above mentioned contract.
Presentation will also be deemed made upon our receipt of your telecopier transmission to us at (FAX NUMBER
insert fax number] _____________________) of a facsimile of the appropriate sight draft and written statement completed
and signed, together with your telephone advice to us at (TELEPHONE NUMBER [insert telephone number]
or such other number as we shall specify to you in writing) of your sending the
above-described telecopier transmission. Failure to make the telephone advice will not impair the validity of the
presentation. If presentations are made by facsimile the original documents are not required.
In the event that at least thirty (30) days prior to the expiry date listed above, this Letter of Credit is not extended
for a period of at least one year or has not been replaced with a substitute Letter of Credit acceptable to you, this Letter of
Credit is also payable to you upon presentation to us of your written statement mentioning thereon our Credit No.[insert
number] ____ and stating “Letter of Credit No. [insert number] __________ has not been extended for a period of at least
one year from the present expiration date and has not been replaced with a substitute Letter of Credit acceptable to us.”
This letter of credit shall automatically extend for successive one-year terms unless at least forty-five days
prior to the next annual extension date of [insert day and month of renewal] ________________ of such year, we deliver
written notice by registered mail or overnight courier to the City that we intend not to extend the letter of credit for any
additional period. If such notice is delivered and the letter of credit has not been replaced with a substitute letter of credit
acceptable to you by the date of said notice, this letter of credit is also payable to you upon presentation to us of your written
statement mentioning thereon our Letter of Credit No. [insert number] ______________ and stating “Notice of
Modification, Cancellation or Non-Extension of Letter of Credit No. [insert number]_________________has been received
and the letter of credit has not been replaced with a substitute letter of credit acceptable to us.
If we receive your sight draft(s) and statement(s) as mentioned above, here at our address [insert address], on or
before the expiry date of this Letter of Credit, we will promptly honor the same. If an interruption of our business occurred
as a result of an Act of God, riots, civil commotion, insurrections, wars or any other causes beyond our control, as described
in Article 36 of the Uniform Customs and Practices for Documentary Credits, UCP600 2007 which prevented us from
accepting and/or paying you on this Letter of Credit, we undertake upon resumption of our business to accept drafts and pay
on this Letter of Credit provided your draft is presented prior or during our business interruption or no later than thirty (30)
days following resumption of our business.
This Credit is subject to the Uniform Customs and Practices for Documentary Credits, UCP600 2007.
Very Truly Yours,
Signature of Issuer]