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14 <br /> <br />3. Warranty compliance inspections will be performed at the initial installation phase and to close out <br />the project at the end of the two year warranty period. Any landscape material that dies, has a dead <br />or broken central leader, exhibits 30% or more crown death or defoliation, is damaged by <br />construction or maintenance, becomes diseased or infested, or is not planted in compliance with the <br />Minnesota Department of Transportation Specification and Standard Plating Details A-C will not be <br />accepted. Acceptance is a requirement to secure release of the financial security portion allocated to <br />that phase of the warranty. <br />a. The developer is responsible for notifying the City when the project is ready for inspection. <br />j) Financial security. The city City will require that a financial security, in a form acceptable to the city City, be <br />provided as part of a development agreement or applicable permit to ensure compliance and performance of <br />the landscape plan. The financial security will be released to the applicant upon verification by the city City <br />that the landscape plan was followed, and that all landscape materials are planted and in a reasonable state of <br />health. The financial security may be used to replace any landscape materials that have become damaged or <br />diseased after planting. Adequate security must be retained to ensure performance for at least two years after <br />the installations have been completedthe required landscaping from the approved development plan meets all <br />City requirements and receives both initial acceptance start the two year landscape warranty period and final <br />acceptance to complete the two year landscape warranty period. <br /> <br /> <br />PUBLIC HEARING: <br />A public hearing was published in the City’s official newspaper on October 28, 2024. No public <br />comment has been received. <br /> <br />PLANNING COMMISSION: <br />The Planning Commission review this request at their November 3, 2024 meeting. The <br />commission voted to recommend approval of the amendments as proposed by Staff (Vote 5-0). <br /> <br />FISCAL IMPACT: <br />None. <br /> <br />OPTIONS: <br />• Approve the proposed amendments. <br />• Amend the proposed amendments. <br />• Deny the proposed amendments. <br /> <br />RECCOMENDATION: <br />Staff recommends the City Council approve the proposed text amendment as presented by Staff. <br /> <br />“Move to adopt Ordinance 2024-19 amending the City code as presented by City Staff” <br /> <br />AND <br /> <br />“Move to adopt resolution authorizing publication summary Ordinance 2024-19 with approval <br />of Resolution 2024-129” <br /> <br />ATTACHMENTS: <br />• Ordinance 2024-19 <br />• Resolution 2024-129 <br />• Lake Elmo - Developer Landscaping and Site Restoration Checklist (2025) <br />• Minnesota Department of Transportation Standard Plan 5-297.301 <br />• Minnesota Department of Transportation Specification Section 2572