HomeMy WebLinkAboutCity Council Agenda Packet 04-01-14 part 2
MAYOR & COUNCIL COMMUNICATION
DATE: April 1, 2014
REGULAR
ITEM # 7 RES. 2014-22/ORD 08-106
AGENDA ITEM: Launch Properties Zoning Map Amendment and PUD Concept Plan for a
Light Industrial Business Park
SUBMITTED BY: Kyle Klatt, Community Development Director
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Planning Commission
Nick Johnson, City Planner
Jack Griffin, City Engineer
Greg Malmquist, Fire Chief
Mike Bouthilet, Public Works Director Jim Sachs, Public Works/Water
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .....................................Community Development Director
- Report/Presentation………………………...Community Development Director
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: The Planning Commission reviewed the PUD Concept Plan and
Zoning Map Amendment at its March 24, 2014 meeting and recommended approval with
conditions. The City has previously adopted a future land use map amendment that supports the rezoning of the subject parcel to BP – Business Park.
FISCAL IMPACT: TBD – the applicant has stated that they will be seeking some form of
financial assistance from the City for the project. The City Council has previously approved a
plan to extend public water service south of 10th Street. The applicant will be responsible for extending water to the proposed development, and will be paying both SAC and WAC charges with the new development (estimated to be 90 REC’s total for the two buildings).
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City Council Meeting [Regular Agenda Item 7]
April 1, 2014
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request from Launch Properties (Dan Regan), 1875 Highway 36 West, Suite 200, Roseville, MN
for a Zoning Map Amendment and Planned Unit Development (PUD) Concept Plan related to a
two-phase, 385,000 square foot light industrial development that will be located at the intersection of Lake Elmo Avenue and Hudson Boulevard North. The initial phase will include
the construction of a 125,000 square foot building on the western portion of the site, which will
be occupied by a tire distribution business. The proposed zoning of BP – Business Park/Light
Industrial allows for a range of office, light industrial, and non-production industrial uses on the
site.
A detail description of the request along with the original Staff recommendation to the Planning
Commission is attached to this report. The specific action that has been requested includes the
following components:
• A zoning map amendment to change the zoning designation of the parcel from RT –
Rural Transitional to BP – Business Park/Light Industrial. This zoning is consistent with
the City’s land use plan for the I-94 Corridor.
• A request for a PUD Concept Plan to allow the construction of two light industrial
buildings with a net area of 385,000 square feet. A PUD has been requested in order to
allow for a zero lot line build out of what will eventually be two separate parcels and to
allow for a waiver of the City’s current setback requirements for certain portions of the property. The suggested motions to adopt the Planning Commission recommendation is as follows:
“Move to adopt Ordinance 08-106 approving a Zoning Map Amendment to change the zoning of the Launch Properties parcel from RT to BP” and “Move to adopt Resolution No. 2014-22 approving a PUD Concept Plan for a two-phase,
385,000 square foot light industrial development with conditions.”
LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The attached staff report to the Planning Commission provides an overview of the request and a list of comments
from Staff. The Planning Commission considered the application for a Zoning Map amendment
and PUD Concept Plan at its March 24, 2014 meeting and conducted a public hearing on the
request at this time. Representatives from Launch Properties addressed the Commission to further explain the project and to answer questions.
The property owner of a the parcel immediately north of the subject property along Lake Elmo
Avenue spoke at the public hearing and expressed concern about noise from trucks entering and
exiting the site, noise from trucks maneuvering and idling on the site, traffic speeds along Lake Elmo Avenue, and potential drainage problems associated with the construction of a berm along her southern property line.
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City Council Meeting [Regular Agenda Item 7]
April 1, 2014
The Planning Commission discussed the request, and unanimously recommended approval of the
zoning map amendment as presented. The Commission did offer additional conditions or
modifications to the ones drafted by Staff in order to address their concerns over the following
aspects of the site plan:
• That the proposed setbacks from the northern property line were too close to the future
residential area.
• That the proposed berm between the site and the future residential neighborhood to the
north was not high enough to provide an adequate buffer.
• That certain aspects associated with the architectural design of the proposed building
were not consistent with the City’s design guidelines. In particular, the Commission
wanted to see additional protrusions and recessions along the street-facing facades.
The Commission also noted that the preliminary and final development plans should address drainage issues in the northwest portion of the site and should include additional landscaping
within the central parking area. The conditions of approval as amended by the Planning
Commission are incorporated into the draft resolution.
Please note that the Valley Branch Watershed District has submitted a brief comment since the Planning Commission meeting, which is attached as part of this report.
The Planning Commission adopted a motion to recommend approval of the PUD Concept Plan
with the findings and conditions as noted in the attached Resolution 2014-022. The motion passed unanimously.
BACKGROUND INFORMATION (SWOT):
Strengths • The proposed rezoning and PUD Concept Plan is consistent with the City’s Comprehensive Plan for the I-94 Corridor.
• The project has been designed to comply with the City’s zoning
regulations and design standards for a BP – Business Park
development.
Weaknesses • The proposed buildings and parking areas are very large and will
generate a significant amount of storm water runoff (which will
need to be managed on site).
Opportunities • The development will add up to 90 REC units and will pay connection fees for sewer and water service.
• The applicant plans to incorporate elements from the City’s
theming study into the project, which will be located at a key
entrance point into the community.
Threats • The proposes use will general truck traffic that will be limited to
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City Council Meeting [Regular Agenda Item 7]
April 1, 2014
Hudson Boulevard North
• The site is located immediately south of a future single-family
residential area.
RECOMMENDATION: The Planning Commission is recommending that the City Council
approve the request from Launch Properties (Dan Regan), 1875 Highway 36 West, Suite 200,
Roseville, MN for a Zoning Map Amendment and Planned Unit Development (PUD) Concept
Plan related to a two-phase, 385,000 square foot light industrial development that will be located at the intersection of Lake Elmo Avenue and Hudson Boulevard North. The suggested motion to adopt the Planning Commission recommendation is as follows:
“Move to adopt Ordinance 08-106 approving a Zoning Map Amendment to change the zoning
of the Launch Properties parcel from RT to BP” and “Move to adopt Resolution No. 2014-22 approving a PUD Concept Plan for a two-phase, 385,000 square foot light industrial development with conditions.”
ATTACHMENTS:
1. Ordinance 08-106
2. Resolution No. 2014-22
3. Planning Commission Staff Report – 3/24/14 4. Application Form 5. Legal Description
6. Application Description and Project Narrative
7. Existing Conditions Map
8. Concept Layout 9. Building Renderings 10. City Engineer Review Comments
11. Washington County Review Comments
12. Comments from Valley Branch Watershed District
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON STATE OF MINNESOTA
ORDINANCE NO. 08-106
AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO
The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section
154.032 Zoning District Map, of the Municipal Code, shall be amended by adding
Ordinance No. 08-106, as follows:
Section 1: Zoning Map Amendment. The following property is hereby rezoned from
RT – Rural Development Transitional to BP – Business Park/Light Manufacturing:
That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, City of Lake Elmo, Washington County,
Minnesota lying northerly and easterly of Minnesota Department of
Transportation Right-of-Way Plat 82-52, on file and of record in the office of the
County Recorder, Washington County, Minnesota. Except small parcels of
record. PID No. 36.029.21.33.0001.
Section 2: The City Council of the City of Lake Elmo also hereby ordains that the
Community Development Director shall make the applicable changes to the official
zoning map of the City of Lake Elmo.
Section 3: Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-106 was adopted on this 1st day of April 2014, by a vote of ___ Ayes and ____ Nays.
_____________________________
Mike Pearson, Mayor ATTEST:
___________________________
Adam Bell, City Clerk
CITY OF LAKE ELMO
RESOLUTION NO. 2014-022 A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT CONCEPT PLAN
RELATED TO A BUSINESS PARK DEVELOPMENT
WHEREAS, Launch Properties (c/o Dan Regan), 1875 Highway 36 West, Suite 200, Roseville, MN (“Applicant”) has submitted an application to the City of Lake Elmo (“City”) for
a Planned Unit Development (PUD) Concept Plan, a copy of which is on file in the Lake Elmo
Planning Department; and
WHEREAS, the proposed PUD Concept Plan is to allow the construction of two light industrial buildings with a combined net area of 385,000 square feet that will be constructed in
two phases and that will be located at the intersection of Lake Elmo Avenue North and Hudson
Boulevard North. The PUD will incorporate exceptions form the City’s Zoning Regulations as
noted below; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on March 24,
2014 to consider the PUD Concept Plan; and
WHEREAS, on March 24, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the PUD Concept Plan with conditions; and
WHEREAS, the Lake Elmo Planning Commission submitted its report and
recommendation to the City Council as part of a memorandum from the Planning Department
dated April 1, 2014; and WHEREAS, the City Council reviewed the recommendation of the Planning
Commission PUD Concept Plan at its regular meeting on April 1, 2014.
NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS
1) That the procedure for obtaining approval of said PUD Concept Plan is found in the Lake Elmo City Code, Section 154.800.
2) That all the requirements of said City Code Section 154.800 related to the PUD Concept
Plan have been met by the Applicant.
3) That the proposed PUD Concept Plan would allow the construction of two light industrial buildings with a combined net area of 385,000 square feet that will be constructed in two
phases and that will be located at the intersection of Lake Elmo Avenue North and
Hudson Boulevard North on property legally described as follows:
That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, City of Lake Elmo, Washington County,
Minnesota lying northerly and easterly of Minnesota Department of
Transportation Right-of-Way Plat 82-52, on file and of record in the office of the
County Recorder, Washington County, Minnesota. Except small parcels of
record. PID No. 36.029.21.33.0001.
4) That the proposed PUD Concept Plan includes the following exceptions from the
underlying BP – Business Park Zoning District requirements:
a) A reduction in the required setbacks between buildings and parking areas within a BP district and adjacent residential districts. The site plan identifies a building setback of
96 feet and parking area setback of 56 feet.
b) The establishment of a zero lot line setback between the two proposed buildings and
lots. The PUD will allow the creation of a common parking and truck loading area, all of which will be internal to the development.
5) That the proposed General Concept Plan for a PUD:
a) Is consistent with the goals, objectives, and policies of the Comprehensive Plan and that the uses proposed are consistent with the BP – Business Park land use
designation shown for the area on the official Comprehensive Land Use Plan.
b) Is consistent with the purpose of Section 150.800 et seq. of the City Code.
c) Complies with the development standards of Section 150.800 et seq. of the City
Code.
6) That the proposed PUD will allow a more flexible, creative, and efficient approach to the
use of the land than if the applicant was required to conform to the standards of the existing zoning districts on this property.
7) That the uses proposed in the PUD will not have an adverse impact on the reasonable
enjoyment of neighboring property and will not be detrimental to potential surrounding
uses.
8) That the PUD is of sufficient size, composition, and arrangement that construction,
marketing, and operation are feasible as a complete unit, and that provision and
construction of dwelling units and open space are balanced and coordinated.
9) That the PUD will not create an excessive burden on parks, schools, streets, and other
public facilities and utilities, which serve or are proposed to serve the development.
10) That the PUD is designed in such a manner as to form a desirable and unified
environment within its own boundaries.
CONCLUSIONS AND DECISION
1. Based on the foregoing, the Applicant’s PUD Concept Plan for the construction of two light
industrial buildings with a combined net area of 385,000 square feet is hereby approved, subject to the following:
a. The preliminary and final development plans shall address all comments from the City
Engineer in his review letter dated March 18, 2014.
b. The applicant shall prepare a traffic impact study prior to the submission of preliminary
and final plans that addresses the concerns and comments included as part of the review
letter from Washington County dated March 19, 2014. This study shall clarify the
intended use of the secondary access driveways providing access to the automobile
parking areas.
c. The applicant shall secure any required permits from the Valley Branch Watershed
District prior to commencing any grading or construction activity on the site.
d. The final development plans shall include detailed landscape plans that conform to the Lake Elmo Zoning Ordinance and that conforms to the City’s Tree Protection and
Replacement Ordinance. The applicant shall provide a cross section view of the
proposed berm and landscaping along the northern property line as part of these plans.
e. The applicant shall submit detailed architectural plans at the time of the preliminary and final development plan review by the City. These plans shall conform to the City’s
Design Guidelines and Standards Manual and must include elements to break up the
continuous flat roof line.
f. The final preliminary and final development plans shall include a signage plan.
g. The applicant shall pay a fee in lieu of park land dedication as determined by the City
prior to the final plat being released for recording.
h. The final plat shall include all easements for drainage and utility and other purposes as required by the City Engineer.
i. The storm water plans shall differentiate between storm water retention and storm water
infiltration areas.
j. The preliminary and final development plans shall include a specific land use plan for the
property clarifying the uses allowed under the PUD, the dimensional requirements for the
site, including any deviations from the underlying zoning, and other information deemed
appropriate by the City.
k. The exception as requested from the required setbacks from the northern (residential) property line will not be permitted unless a letter of support is provided from the affected
property owners or an augmented landscape plan as deemed appropriate by the City,
including an increased berm, is provided to off-set the reduced setback.
Passed and duly adopted this 1st day of April 2014 by the City Council of the City of Lake Elmo,
Minnesota.
___________________________________ Mike Pearson, Mayor ATTEST:
_________________________________
Dean A. Zuleger, City Administrator
PLANNING COMMISSION
DATE: 3/24/14
AGENDA ITEM: 4C – PUBLIC HEARING
CASE # 2014-17
ITEM: Launch Properties Zoning Map Amendment and PUD Concept Plan for a
Light Industrial Business Park
SUBMITTED BY: Kyle Klatt, Community Development Director
REVIEWED BY: Nick Johnson, City Planner
Jack Griffin, City Engineer Mike Bouthilet, Public Works Director
Jim Sachs, Public Works/Water
Greg Malmquist, Fire Chief
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a request from Launch Properties (Dan Regan), 1875 Highway 36 West, Suite 200, Roseville, MN for a Zoning Map Amendment and Planned Unit
Development (PUD) Concept Plan related to a two-phase, 385,000 square foot light industrial
development that will be located at the intersection of Lake Elmo Avenue and Hudson Boulevard
North. The initial phase will include the construction of a 125,000 square foot building on the western portion of the site, which will be occupied by a tire distribution business. The proposed zoning of BP – Business Park/Light Industrial allows for a range of office, light industrial, and non-
production industrial uses on the site.
GENERAL INFORMATION
Applicant: Launch Properties (Dan Regan), 1875 Highway 36 West, Suite 200, Roseville,
MN
Property Owners: Reco Real Estate, LLC, 1875 Highway 36 West, Suite 200, Roseville, MN
Location: Southwest Quarter of the Southwest Quarter of Section 36. Northeast quadrant of
the intersection of Lake Elmo Ave. N. and Hudson Blvd. N. PID Number
36.029.21.33.0001
Request: Zoning Map Amendment and Planned Unit Development Concept Plan
Existing Land Use: Vacant/agricultural fields
Existing Zoning: RT – Rural Transitional
Surrounding Land Use: Agricultural fields, single family residential, golf driving range, drive-in theater
Surrounding Zoning: RT – Rural Transitional, RS – Rural Single Family Residential
Comprehensive Plan: Business Park
PUBLIC HEARING ITEM 4C – PUBLIC HEARING
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Proposed Zoning: BP – Business Park/Light Industrial
History: The site has been used for agricultural fields for a long time. The property has been
placed on a holding zone since the adoption of the 2005 Comprehensive Plan.
Deadline for Action: Application Complete – 3/6/14 60 Day Deadline – 5/6/14 Extension Letter Mailed – No
120 Day Deadline – 7/6/14
Applicable Regulations: 154.051 – BP Business Park Zoning District 154.800 – Planned Unit Development (PUD) Regulations
154.105 – Zoning Amendments
REQUEST DETAILS
The City of Lake Elmo has received a request from Launch Properties (Dan Regan), 1875 Highway
36 West, Suite 200, Roseville, MN for a Zoning Map Amendment and Planned Unit Development (PUD) Concept Plan for property located northeast of the intersection of Lake Elmo Avenue North and Hudson Boulevard North. The details concerning the two different aspects of the request are as
follows:
• The zoning map amendment would change the zoning designation of the parcel from RT –
Rural Transitional to BP – Business Park/Light Industrial. This zoning is consistent with the City’s land use plan for the I-94 Corridor.
• A request for a PUD Concept Plan to allow the construction of two light industrial buildings
with a net area of 385,000 square feet. A PUD has been requested in order to allow for a zero
lot line build out of what will eventually be two separate parcels and to allow for a waiver of
the City’s current setback requirements for certain portions of the property.
If the City decides to approve the request, the applicant may then proceed with the preparation of
preliminary development plans and preliminary plat for the site. Under the City’s PUD Ordinance,
the applicant must also submit final development plans as part of the review process. The applicant has requested to submit the preliminary and final development plans at the same time, which may be allowed by the City for smaller development projects. Because the proposed development is
confined to one existing parcel and will not require the construction of any public roads through the
project area, Staff is supportive of a combined preliminary and final plan submission should the concept plan be approved.
The attached application narrative and site plans provide an overview of the applicant’s request,
which will be built out in two phases. The first phase will include the construction of a 125,000
square foot building for a perspective tenant that intends to use the space for a tire distribution center.
The bulk of the building will be used as a warehouse/distribution area, with a smaller office area located at the front of the building facing Hudson Boulevard North. The plan includes the reservation of space on the site for a future 25,000 square foot expansion of this building, along with
an automobile parking area for employees near the front entrance and a truck loading area along the
western portion of the building. Because the proposed tenant is expected to need a relatively small amount of customer/employee parking, the applicant is proposing to depict a portion of the parking area as “proof of parking” that could be constructed at a later date when needed.
PUBLIC HEARING ITEM 4C – PUBLIC HEARING
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The second phase of the project includes a much larger building of 235,000 square feet that would be
located in the western portion of the lot. There is no specific use identified for the building, but it is
being planned to handle businesses looking for “flexible, functional space in an accessible location
along the I-94 corridor” in accordance with the applicant’s project narrative. Both buildings would be accessed via a shared driveway entrance off of Hudson Boulevard North, with ancillary access provided through driveway in the extreme western and northern portions of the site. The site plan
includes shared storm water facilities that will be located along Hudson Boulevard North and along
the western boundary of the property.
As part of the application for a PUD, the applicant has requested flexibility from some of the current BP zoning district requirements as follows:
• The establishment of a zero lot line configuration for the parking lot between the two
proposed buildings and lots. If the zero lot line configuration was not approved as part of the
project, the applicant would need to set the parking areas back 15 feet from the adjoining lot
line (which would leave 30 feet of space between the two parking areas). The PUD will allow the creation of a common parking and truck loading area, all of which will be internal
to the proposed development.
• A reduction from the required setbacks along the northern property boundary and the area
guided for urban low density residential development. The applicant is proposing a building setback of 96 feet from this property line, with a drive aisle (fire lane) located 56 feet from
this line. The Zoning Ordinance requires a minimum building setback of 150 feet from
residential zones for buildings and 100 feet for parking areas (which would include
maneuvering lanes and driveways). The applicant is proposing a berm and landscaping along this line to help compensate for the reduced setbacks.
BACKGROUND
The proposed development site is 29 acres in size and located within the City’s I-94 corridor
planning area. This property, as well as the property to the north, west, and east is included in the
City’ future sewer service area, with these parcels being guided for urban low density residential,
commercial, and business park respectfully. The site has historically been used for agricultural fields except for the southern portion, which is lower in elevation and covered with vegetation. The surrounding existing uses include the Vali-Hi drive in theater, the Country Air golf practice facility,
and the Forest residential subdivision. All but the Forest subdivision are guided for future public
sewer service and are expected to be redeveloped at some point in the future. The City has recently reviewed a sketch plan for the property immediately north of the applicant’s site (the golf practice facility) for a 50-unit residential subdivision.
A portion of the City’s trunk sewer line extension project that will provide sanitary sewer service to
the Village Area crosses the western portion of the applicant’s property. This portion of the sewer is
a gravity line that will allow the applicant to immediately connect to service the proposed buildings. The City Engineer has noted that this service line will need to be extended to Lake Elmo Avenue in order to provide service to other properties in the area. Any properties that use the sewer connection
will need to plan for the future extension of service through their properties as a requirement for
being allowed access to the service. Water service is not to the site, but will be extended to the eventual location of 5th Street as part of a planned City project later this year. The applicant will be responsible for providing a plan for the connection to public water service as part of the preliminary
plan submissions.
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The City’s future land use plan guides the subject parcel for Business Park, and this land use
classification extends for the entire length of Hudson Boulevard North between Lake Elmo Avenue
and Manning Avenue. The specific description for the land use category from the Comprehensive
Plan reads as follows:
BUSINESS PARK – The Business Park land use category is intended to encourage the creation of significant employment centers that accommodate a diverse mix of office and
light industrial uses and jobs. Specific desired attributes of this land use include a diversity of
jobs, high development densities and jobs per acre, high quality site and building
architectural design, and increased tax revenues for the community. Office, office showroom/warehousing, research and development services, light and high-tech electronic
manufacturing and assembly, and medical laboratories are typical uses appropriate for this
land use category. Some retail and service uses may be allowed as supporting uses for the
primary office and light industrial uses of the employment center. In addition to the Eagle Point Business Park, much of the land between Manning Ave and Keats Ave adjacent to I-94
is guided for this land use classification. [Corresponding Zoning District(s): BP]
As part of the request, the applicant is asking that the City rezone the parcel to the BP – Business
Park/Light Manufacturing District consistent with the Comprehensive Plan. The proposed activities are either permitted or conditional uses within this district. As part of the request for a planned development, Staff is recommending that the City structure the PUD so that the allowed uses within
the development are consistent with the permitted and conditional uses within the BP zoning district.
The final PUD should also specify any of the zoning exceptions being sought by the applicant as
described in the preceding section.
PLANNING AND ZONING ISSUES/STAFF COMMENTS
Members of the Community Development, Public Works, Engineering, and Fire Departments have reviewed the proposed PUD Concept plan and provided comments in the following areas:
• Land Use. The proposed Concept Plan and the buildings/uses proposed are consistent with
the Comprehensive Plan and Zoning Ordinance concerning the Business Park land use category. The PUD Ordinance does provide for flexibility form the underlying zoning standards with the understanding that this flexibility will help a developer better utilize site
features and obtain a higher quality development. The objectives related to a PUD are noted
in the findings section below.
• Zoning. With the extension of sewer and water service to the site, the City is able to take action rezone this parcel in a manner consistent with the future land use designation of
Business Park.
• Lake Elmo Theming Study. The applicant is proposing to incorporate design elements form
the City’s Theming Study, including an enhanced corner treatment (signage and landscaping) at the intersection of Lake Elmo Avenue and Hudson Boulevard North and the installation of white horse fencing extending out from this corner area.
• Impervious Coverage: The proposed coverage of the parcel falls well within the allowable
amount of impervious coverage (75%) for a BP zoning district. The site plan preserves 39%
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of the site as open space, including storm water ponds, screening buffer areas, and general
landscaping.
• Access/Driveways. The City Engineer has noted that the driveways will need to comply with the City’s access spacing requirements and that the entrances along Hudson Boulevard North will likely need to be modified to meet these requirements. The County has questioned the
future usage of the Lake Elmo Avenue access point, and has requested that a traffic study be
conducted to more fully understand the expected traffic impacts from the development. Staff
is recommending that access to the Lake Elmo Avenue driveway be limited to automobiles, and that all truck traffic be required to use the Hudson Boulevard entrance.
• Setbacks. The proposed buildings and driveway areas will comply with the setback
requirements of the BP zoning district with the exception of the internal side yard parking
setback and the building and parking area setbacks from the northern property line. The
applicant is proposing to mitigate the northern property line setback by constructing a berm and additional landscaping in this area.
• Screening and Buffering. Because the northern property line represents the boundary
between a light industrial and residential development, Staff is recommending that the
proposed berm and landscaping as proposed be incorporated as a requirement of the PUD. The applicant should submit additional details, including a proposed cross section view of the
berm, as part of the preliminary and final plan submittal.
• Design Standards. The proposed buildings will be subject to the City’s Architectural and
Design Standards and Guidelines Manual. The Planning Commission will be the reviewing body for the design review associated with these buildings, which will be incorporated as part
of the preliminary and final plan review for the site. The applicant will need to provide the
required information to complete this review with as part of any future plan submissions to
the City.
• Water and Sewer Services. The applicant will need to submit a plan for the extension of water services to the site as part of the preliminary and final plan submission. The Engineer
has noted that the applicant will be responsible for extending these service across the site as
part of these plans.
• Storm Water and Erosion Control. The applicant will need to submit detailed storm water and erosion control plans with the preliminary and final development plans. These plans will
need to conform to City of Lake Elmo and Valley Branch Watershed District (VBWD)
requirements. The applicant is strongly encouraged to meet with VBWD to review the
district requirements prior to preparing this plan. The applicant and City will also need to determine whether or not the proposed ponds will be deeded to the City or left under private control.
• Parking. The City’s Parking Ordinance would require 60 parking stalls for the proposed use,
including 18 associated with the office area and 42 for the warehouse portion of the building.
The applicant has depicted 47 stalls adjacent to the first phase building, with another 85 stalls shown as “proof or parking”. The parking ordinance does state that the Planning Commission may allow parking requirements for a particular use to be relaxed or lessened in
response to an expected demand that is lower than the required standard in this section,
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provided that sufficient open area is set aside on the parcel to meet the required standard, if
determined to be necessary at a later date. With the expected demand for parking to be low
for the proposed use, Staff is recommending that the site plan be approved as presented with
the proof of parking concept.
• County Review. Washington County has submitted its review comments, which are attached
for consideration by the Planning Commission. The most significant of the County’s
comments is the request for a traffic study, which Staff is recommending be included as part
of a preliminary and final plan submission.
• City Engineer Review. The City Engineer has reviewed the concept plan and provided comments in a review letter to the City dated March 18, 2014. The applicant will need to
address the Engineer’s comments as part of the preliminary and final plan submission for the
site.
• Sidewalks and Trails. The concept plan does not include any trails or sidewalks within or adjacent to the development area. Although this is a commercial development, Staff is
recommending that the plans be amended to include a trail along Lake Elmo Avenue within
the County right-of-way. This trail will provide a connection to the planned multi-purpose
trail along 5th Street immediately to the north of the subject property. At this time, the City’s plans do not include any trails or trail corridors along Hudson Boulevard North.
• Landscaping. The applicant has not provided any details concerning landscaping for the site,
which must be submitted at the time of preliminary and final plan submission. The applicant
will also need to submit a tree preservation and protection plan as part of this application.
• Environmental Review. The proposed project does not meet any threshold for a mandatory
Environmental Assessment Worksheet.
• Fire Chief Review. The Fire Chief has asked that the fire lanes within the development be
designed in accordance with Minnesota Fire Code standards. The fire chief will need to review the placement of fire hydrants within the project site.
• Park Land Dedication. The City has established a fee in lieu of land dedication for
commercial land development. This fee will need to be paid at the time a final plat is
approved by the City.
• Lighting. A specific lighting plan has been not been submitted and should be included with the preliminary and final development plans.
• Signs. The applicant has not provided a signage plan, which will be needed as part of future
submissions to conform to the City’s Sign Ordinance.
REVIEW AND ANALYSIS
Staff is recommending that the Planning Commission recommend approval of the request for a
Zoning Map Amendment and Planned Unit Development (PUD) Concept Plan related to a two-phase, 385,000 square foot light industrial development that will be located at the intersection of Lake Elmo Avenue and Hudson Boulevard North. The proposed use of the site is consistent with the
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City’s Comprehensive Plan, and the applicant’s use of a PUD will provide the applicant with
flexibility to design a more unified and cohesive development than could be accomplished with the
underlying zoning district. In particular, the proposed setback waivers will allow the loading areas to
be configured to the center portion of the site and internally screened from adjacent properties. The proposed location of the buildings will also provide for a shared main access point to Hudson Boulevard, while eliminating truck traffic at the peripheral access driveways. The project includes a
substantial buffer from the residential property north of the site, which in conjunction with the
expected landscaping within the proposed residential subdivision will provide for an effective
transition between these uses.
The proposed use will be subject to the recently revised required findings for Planned Developments.
When reviewing requests for approval of a planned unit development, the PUD Ordinance notes that
the City should consider whether one or more of the objectives listed below will be served or
achieved:
1) Innovation in land development techniques that may be more suitable for a given parcel than
conventional approaches;
2) Promotion of integrated land uses, allowing for a mixture of residential, commercial, and public facilities;
3) Provision of more adequate, usable, and suitably located open space, recreational amenities
and other public facilities than would otherwise be provided under conventional land
development techniques;
4) Accommodation of housing of all types with convenient access to employment opportunities
and/or commercial facilities; and especially to create additional opportunities for senior and
affordable housing; 5) Preservation and enhancement of important environmental features through careful and
sensitive placement of buildings and facilities;
6) Preservation of historic buildings, structures or landscape features; 7) Coordination of architectural styles and building forms to achieve greater compatibility
within the development and surrounding land uses;
8) Creation of more efficient provision of public utilities and services, lessened demand on transportation, and the promotion of energy resource conservation;
9) Allowing the development to operate in concert with a redevelopment plan in certain areas of the City and to ensure the redevelopment goals and objectives will be achieved; and
10) Higher standards of site and building design than would otherwise be provided under
conventional land development technique.
Please note that the Staff recommendation includes the following conditions of approval:
1) The preliminary and final development plans shall address all comments from the City Engineer in his review letter dated March 18, 2014.
PUBLIC HEARING ITEM 4C – PUBLIC HEARING
8
2) The applicant shall prepare a traffic impact study prior to the submission of preliminary and
final plans that addresses the concerns and comments included as part of the review letter
from Washington County dated March 19, 2014. This study shall clarify the intended use of
the secondary access driveways providing access to the automobile parking areas.
3) The applicant shall secure any required permits from the Valley Branch Watershed District prior to commencing any grading or construction activity on the site.
4) The final development plans shall include detailed landscape plans that conform to the Lake
Elmo Zoning Ordinance and that conforms to the City’s Tree Protection and Replacement
Ordinance. The applicant shall provide a cross section view of the proposed berm and landscaping along the northern property line as part of these plans.
5) The applicant shall submit detailed architectural plans at the time of the preliminary and final
development plan review by the City. These plans shall conform to the City’s Design
Guidelines and Standards Manual.
6) The final preliminary and final development plans shall include a signage plan.
7) The applicant shall pay a fee in lieu of park land dedication as determined by the City prior to
the final plat being released for recording.
8) The final plat shall include all easements for drainage and utility and other purposes as required by the City Engineer.
9) The storm water plans shall differentiate between storm water retention and storm water
infiltration areas.
10) The preliminary and final development plans shall include a specific land use plan for the
property clarifying the uses allowed under the PUD, the dimensional requirements for the site, including any deviations from the underlying zoning, and other information deemed
appropriate by the City.
DRAFT FINDINGS
Please refer to the comments in the previous section. Staff will review the recommended conditions
of approval with the Commission at the meeting.
RECCOMENDATION:
Staff recommends that the Planning Commission recommend approval of the request from Launch Properties (Dan Regan), 1875 Highway 36 West, Suite 200, Roseville, MN for a Zoning Map Amendment and Planned Unit Development (PUD) Concept Plan related to a two-phase, 385,000
square foot light industrial development that will be located at the intersection of Lake Elmo Avenue
and Hudson Boulevard North. This recommendation includes the following conditions of approval:
1) The preliminary and final development plans shall address all comments from the City Engineer in his review letter dated March 18, 2014.
2) The applicant shall prepare a traffic impact study prior to the submission of preliminary and
final plans that addresses the concerns and comments included as part of the review letter from Washington County dated March 19, 2014. This study shall clarify the intended use of the secondary access driveways providing access to the automobile parking areas.
PUBLIC HEARING ITEM 4C – PUBLIC HEARING
9
3) The applicant shall secure any required permits from the Valley Branch Watershed District
prior to commencing any grading or construction activity on the site.
4) The final development plans shall include detailed landscape plans that conform to the Lake
Elmo Zoning Ordinance and that conforms to the City’s Tree Protection and Replacement Ordinance. The applicant shall provide a cross section view of the proposed berm and landscaping along the northern property line as part of these plans.
5) The applicant shall submit detailed architectural plans at the time of the preliminary and final
development plan review by the City. These plans shall conform to the City’s Design
Guidelines and Standards Manual.
6) The final preliminary and final development plans shall include a signage plan.
7) The applicant shall pay a fee in lieu of park land dedication as determined by the City prior to
the final plat being released for recording.
8) The final plat shall include all easements for drainage and utility and other purposes as required by the City Engineer.
9) The storm water plans shall differentiate between storm water retention and storm water
infiltration areas.
10) The preliminary and final development plans shall include a specific land use plan for the property clarifying the uses allowed under the PUD, the dimensional requirements for the site, including any deviations from the underlying zoning, and other information deemed
appropriate by the City.
The suggested motion for taking action on the Staff recommendation is as follows:
“Move to recommend approval of the request for a Zoning Map Amendment and Planned Unit
Development (PUD) Concept Plan related to a two-phase, 385,000 square foot light industrial
development that will be located at the intersection of Lake Elmo Avenue and Hudson Boulevard North subject to the conditions of approval as recommended by Staff”
ATTACHMENTS:
1. Application Form
2. Legal Description 3. Application Description and Project Narrative 4. Existing Conditions Map
5. Concept Layout
6. Building Renderings
7. City Engineer Review Comments 8. Washington County Review Comments
ORDER OF BUSINESS:
- Introduction ....................................................... Community Development Director
- Report by Staff .................................................. Community Development Director
- Questions from the Commission ............................ Chair & Commission Members
PUBLIC HEARING ITEM 4C – PUBLIC HEARING
10
- Open the Public Hearing .................................................................................. Chair
- Close the Public Hearing .................................................................................. Chair
- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members
PUBLIC HEARING ITEM 4C – PUBLIC HEARING
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MAYOR & COUNCIL COMMUNICATION
DATE: April 1, 2014
REGULAR $$
ITEM #: 8
AGENDA ITEM: Approve the Services Agreement with ISD 916
SUBMITTED BY: Dean Zuleger, City Administrator
THROUGH: Mayor Mike Pearson
REVIEWED BY: Adam Bell, Asst. Administrator / HR, Cathy Bendel, Finance Director,
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation…………………………………………City Administrator
- Questions from Council to Staff ............................................. Mayor Facilitates
- Public Input, if Appropriate .................................................... Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: City Administrator
FISCAL IMPACT: $31,500 of non-tax revenue per year with an annual escalator clause SUMMARY AND ACTION REQUESTED: Per Council.request, the City Administrator has
negotiated a non-tax services agreement with Independent School District 916 for the provision
of municipal services for a new $13 million campus to be located in the Eagle Point Business
Park. The agreement is for $31,500 for the first year with annual escalator clause. The recommended motion for this action is as follows:
“Move to approve a Services Agreement with ISD 916 for $31,500 with a 1.02% escalator
clause per year to run through calendar year 2014.”
LEGISLATIVE HISTORY: ISD 916 has a similar agreement with the City of Blaine, MN and the construct of this agreement is based on this document as precedent. The agreement has been
reviewed by both Lake Elmo and ISD 916 legal counsel.
-- page 1 --
City Council Meeting [New Business Agenda Item 8]
April 1, 2014
BACKGROUND INFORMATION: ISD 916 is a specialty school district that provides
services to both students and area school districts that provide educational services for student
with exceptionalities ranging from cognitively disabled to gifted and talented. The District has purchased land in the Eagle Point Business Park for the purpose of building a specialized school
to serve these students. In accordance with MN State Statutes, the property is tax exempt but the
City can charge the District for municipal services rendered to the site. After careful analysis of
the street, public safety and utility services costs to the City, an annual service fee of $31,500
was arrived between the parties. An escalator clause of 1.02% a year has been added for the life of the contract (10 years). The contract also contains a clause that allows for the renegotiation of
the terms before the end of the 10 year period. In addition to the Services Agreement, ISD 916
has agreed in principle to be responsible for $33,000 in WAC and SAC charges, $61,000 in
parkland dedication fees, and $25,000 in associated planning costs.
BACKGROUND INFORMATION (SWOT):
Strengths: The Agreement allows the City to recover actual costs for the provision of
services in the area of police, fire, utilities, and streets per MN State Statutes.
Weakness: The potential for the Agreement not be renewed after the 10 years exists
and the City would not be able to collect taxes on a commercial piece of property.
Opportunities: The inclusion of a ISD 916 school in Lake Elmo greatly enhances our
surrounding school districts, reduced overhead costs for specialty staffing and puts a chool within reasonable driving proximity of Lake Elmo parents with children who have
exceptionalities.
Threats: Not signing this agreement would place a burden on the City to provide
services with no cost recovery
RECOMMENDATION: Staff recommends the following motion:
“Move to approve a Services Agreement with ISD 916 for $31,500 with a 1.02% escalator
clause per year to run through calendar year 2014.”
-- page 2 --
SERVICES AGREEMENT
Services Agreement, entered into this _____ day of _____________, 2014, by and between the
City of Lake Elmo, a municipal corporation of the State of Minnesota (“City”) and Northeast
Metro 916 Intermediate School District (“School”).
WHEREAS, School is the fee owner of a parcel legally described as Outlot A Eagle Point
Business Park 7th Addition, Lake Elmo, Minnesota, (the “Property”), and intends to construct
and operate a public school on the Property serving special needs students pursuant to its
organizational charter (the “Activity”);
WHEREAS, School anticipates, based on its operation of similar schools, that the Activity will
require public safety services provided by City (“Services”) at a level which exceeds those
generally provided to other businesses or institutions in the City;
WHEREAS, City and School have agreed on a fixed rate of reimbursement to be paid to City by
School for Services rendered to the Property, and such agreement is evidenced by this Services
Agreement;
NOW, THEREFORE, in consideration of the mutual agreements contained herein, School and
City hereby agree as follows:
1. Services. City agrees to provide the Services to the Property during the time that the
Activity is conducted on the Property, without any charge, assessment or fee charged to School
or assessment against the Property, other than the Payment described in Paragraph 2 below.
1
2. Payment. School agrees to make an annual payment (“Payment”) to City in
consideration of City providing the Services. Each payment shall be payable on December 31,
commencing December 31, 2017, and shall be attributable to Services rendered during the school
year commencing September 1st (prior to the Payment date) and concluding August 31st
(subsequent to the Payment date). The amount of the Payment due December 31, 2017 shall be
$31,500.00; the Payment amount in each subsequent year shall equal 1.02% of the previous
year’s payment (a two percent annual increase).
3. Term. The term of this Agreement (“Term”) shall commence as of the date hereof, and
shall terminate ten (10) years later; provided; however, that School’s obligation to make the
Payments shall cease at such time prior to the end of the Term if it ceases to conduct the
Activity on the Property. Six months prior to the end of the Term, City and School shall meet to
consider a possible extension of the Term and any appropriate modifications to the Payment
amount or other terms of this Agreement.
4. Miscellaneous. Any modifications to this Agreement must be in writing and signed by
City and School. Both parties acknowledge that the extension and performance of this
Agreement have been fully authorized and approved by their respective institutions. Any notices
hereunder shall be sent in writing, by certified or registered U.S. Mail, return receipt requested,
or by a national overnight mail service, to addresses listed below:
Ms. Kristine Carr
Director of Administrative Services
Northeast Metro 916 2540 County Road F East
White Bear Lake, MN 55110
Director of Finance
City of Lake Elmo
3800 Laverne Ave. N. Lake Elmo, MN 55449
2
IN WITNESS WHEREOF, the parties hereto have executed this Services Agreement as of the
date first above written.
CITY OF LAKE ELMO: NORTHEAST METRO 916
INTERMEDIATE SCHOOL DISTRICT
By:_______________________________
Mike Pearson, Mayor
By:_______________________________
Its:_______________________________
By:_______________________________
Dean Zuleger, City Manager
By:_______________________________
Its:_______________________________
020588/312001/1585010_1
3
MAYOR & COUNCIL COMMUNICATION
DATE: April 1, 2014
REGULAR $$
ITEM #: 9
AGENDA ITEM: Approve the Joint Powers Agreement with the Great Stillwater
School District for the establishment of a multi-use park at Oakland Junior High School
SUBMITTED BY: Dean Zuleger, City Administrator
THROUGH: City of Lake Elmo Park Commission
REVIEWED BY: Shane Weis, Chair, Park Commission
Stillwater School District Board of Education
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation…………………………………………City Administrator
- Questions from Council to Staff ............................................. Mayor Facilitates
- Public Input, if Appropriate .................................................... Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Parks Commission, City Council FISCAL IMPACT: $80,000 from the Parkland Dedication Fund for the construction of three
new tennis courts at Oakland Junior High. Annual maintenance of $2,500-$5,000 for park
upkeep and equipment repair.
SUMMARY AND ACTION REQUESTED: The City of Lake Elmo and the Stillwater School District are partnering together and sharing resources to establish a 3.7 acre park located on the
northwest corner of the Oakland Junior High Campus to serve future development, the Cimarron
community, and families in the adjacent areas. The park will be jointly maintained by both
parties and public use will extend to two areas of the Oakland Junior High athletic campus during non-school hours. The City of Lake Elmo and the Stillwater School District request the approval of this Joint Power Agreement to be able to work together under the authority of the
MN State Statutes. The recommended motion for this action is as follows:
-- page 1 --
City Council Meeting [New Business Agenda Item 9]
April 1, 2014
“Move to approve the Joint Powers Agreement with the Stillwater School District for the
creation of a multi-use park at Oakland Junior High School and the disbursement when
invoiced of $80,000 of parkland dedication funds for the construction of three new tennis courts.” LEGISLATIVE HISTORY: The City of Lake Elmo Park Plan and the Comprehensive Plan
suggest a neighborhood park be located in this region of the City and this partnership allows for
a park to be strategically located near a school, on a bike trail and near an affordable housing neighborhood.
BACKGROUND INFORMATION (SWOT):
Strengths: Partnership with the school district and a strategic location of a park Weakness: Minimal use of Area A & B during school hours
Opportunities: Installation of 3 new tennis courts at an economy of scale rate
and shared maintenance of the park Threats: No suitable location for a park beside this site in the SE quadrant due to
traffic, commercial use and lack of forested areas.
RECOMMENDATION: Staff recommends approval of the following: “Move to approve the Joint Powers Agreement with the Stillwater School District for the creation of a multi-use park at Oakland Junior High School and the disbursement when
invoiced of $80,000 of parkland dedication funds for the construction of three new tennis
courts.”
-- page 2 --
March 2014
JOINT POWERS AGREEMENT FOR DEVELOPMENT OF A MULTI-USE PARK
THIS AGREEMENT made this ______ day of __________, 2014, by and among the City of
Lake Elmo,, Washington County, Minnesota (“Lake Elmo”) and Stillwater Area Public Schools,
ISD 834 (“District”) (collectively the “Parties”).
WITNESSETH:
WHEREAS, the District and Lake Elmo have identified the mutual benefits of developing
a multi-use public park located on approximately 3.7 acres in the northeast corner of the Oak-
Land Junior High School campus wholly owned by the District noted on Exhibit A (“the
Property”), the entire Property to be designated by and through this joint powers agreement as
“Oak-Land Neighborhood Park;
WHEREAS, the Parties seek to develop the Property as a multi-use park consisting of
playground structures, picnic areas (including tables), walking paths connecting to regional
trails, conservation areas, bathrooms, and other park amenities meant to complement the
recreational facilities found on the Oak-Land Junior High School campus;
WHEREAS, the location of this multi-use public park further affords a recreational
benefit and increased quality of life for taxpayers of both Lake Elmo and the District in a
quadrant of the community, which includes a large affordable housing complex currently not
served by a park;
WHEREAS, in exchange for its the quiet enjoyment and use of the Property, Lake Elmo
agrees to make available necessary parkland dedication funds to help in the purchase and
development of infrastructure, athletic fields, sport courts and other equipment needed to
support the multi-use park and publically-accessible recreational portions of Area A and Area B
as depicted on Exhibit A.
WHEREAS, the Parties believe that co-development a multi-use park is a prudent use
tax dollars for benefit of the public;
WHEREAS, Minnesota Statutes, Section 471.59 authorizes two or more governmental
units by agreement of their governing bodies jointly and cooperatively to exercise any power
common to the contracting parties or similar powers, including those which are the same except
for the territorial limits within which they are exercised;
WHEREAS, cities are authorized to enter into development contracts under Minnesota
Statutes, Section 462.358, Subd. 2(a); and,
WHEREAS, the parties hereto desire to set forth the respective rights and obligations of
the parties to this joint powers agreement (“JPA”).
NOW THEREFORE, IT IS HEREBY AGREED by the Parties as follows:
ARTICLE I
Purpose and Term
1.1 The Parties agree to mutually carry out the actions necessary to fulfill the terms of this
JPA to establish the Property as a multi-use park, known as Oak-Land Neighborhood Park and
jointly used by Lake Elmo and the District as provided herein.
1.2 This JPA shall remain in place until terminated in accordance with the terms herein or as
mutually agreed upon in writing by the Parties.
1.3 To the fullest extent permitted by law, the Parties intend to enter into this Agreement
and operate under Minnesota Statutes, Section 471.59, authorizing the combination of powers
of two or more governmental units. Unless amended in writing by the Parties, this JPA does not
form a board within the meaning of Section 471.59 subd. 2.
Article II
Responsibilities of Lake Elmo
2.1. The Lake Elmo Planning Staff will work with the District to determine a legal description
(“metes and bounds”) for the 3.7 acres that comprise the Property known as Oak-Land
Neighborhood Park, located in the northeast quadrant of the Oak-Land Junior High campus and to be used for the purpose of a multi-use park. The legal description of the Property shall
substantially conform to Exhibit A.
2.2. Lake Elmo shall promptly designate the Property and the recreational portions of Area A
and Area B of the Oak-Land Junior High campus as “official City parkland” to allow the District to take full advantage of Minnesota Statutes Sections 466.03 Subd. 6(e) and 466.03 Subd. 23.
2.3. Lake Elmo shall appropriate parkland dedication funds for the purpose of purchasing infrastructure, playground equipment, athletic field equipment, sport courts, or other hard assets allowed by Minnesota Statutes 462.358 Subd. 2 (b) for use by the general public in the
designated recreational areas of the Oak-Land Junior High Campus. Lake Elmo shall authorize an $80,000.00 parkland dedication fund allocation for the cost of installing three (3) new publicly-accessible tennis courts in Area A of the Property. Said funds shall be disbursed upon
execution of this Agreement.
2.4. Lake Elmo shall provide appropriate signage for the Property, designating the area as a
joint development of Lake Elmo and the District, identified as a public park named “Oak-Land Neighborhood Park.” Lake Elmo agrees to be responsible for maintaining all park and picnic
equipment, including structures, placed on the Property. Lake Elmo shall be responsible for
providing all necessary safety and security measures for the Oak-Land Neighborhood Park
through its contract with Washington County Sheriff’s Department or other equivalent law enforcement agreements Lake Elmo may enter into from time to time.
2.5. By September 1, 2014, Lake Elmo shall provide a park master plan that, subject to the
District’s approval, will provide for the installation of infrastructure, appropriate land use and
utilization of the Oak-Land Neighborhood Park. 2.6. Notwithstanding anything to apparent the contrary herein, Lake Elmo agrees that Area A
and Area B of the Property will not function as a public park or be available for public use during regular school hours, as such school hours are published by the District to Lake Elmo and may be adjusted from time to time. Lake Elmo agrees that the District shall have priority use for all
areas described in this JPA and Lake Elmo will not schedule any activities that may conflict with the District’s priority use.
ARTICLE III
Responsibilities of the District 3.1. The District shall, at its expense, survey the Property and provide Lake Elmo with a
property description (“metes and bounds”) for the Oak-Land Neighborhood Park. The entire Park area shall be designated as a multi-use park.
3.2. The District shall grant Lake Elmo access to the Property for the purpose of preparing the site for the multi-use park. The District shall, in turn, grant Lake Elmo the right to clear the site of dead wood, brush, and debris; perform forestry duties to preserve trees and clear
portions of the site for the development of the Oak Land Neighborhood Park. 3.3. By October 31, 2014, the District shall review and render its approval, qualified approval
or rejection of Lake Elmo-proposed master plan for the installation of infrastructure, land use and utilization of Oak-Land Neighborhood Park
3.4. The District shall submit an invoice for the expansion of the current three (3) tennis courts on the Property, to be completed by the District in 2014 and not to exceed $80,000.00.
Lake Elmo agrees to pay the $80,000.00 from parkland dedication funds within fifteen (15) days
of Lake Elmo’s receipt of the invoice.
3.5. The District agrees to provide general landscape maintenance of the Oak-Land Neighborhood Park and of the publically-accessible recreational portions of Area A and Area B. For purposes of this JPA, “general maintenance” shall be mowing, trimming of vegetation, and
related grounds keeping of Areas A and B, but shall not include snowplowing or other snow removal. The District shall maintain all recreational equipment and fields in Area A and Area B.
ARTICLE IV
Default
4.1 In the event of any material breach of this Agreement that is not cured within (30) days
of written notice of the breach describing the nature of the default and what action is necessary to cure the default, the non-defaulting Party may declare the other Party to be
in default of this JPA.
4.2 The non-defaulting Party shall have all rights and remedies available under to it under
law or in equity. 4.3 The failure of the non-defaulting Party to declare default or otherwise exercise its rights
under this JPA shall not constitute a waiver of its rights to later declare default and exercise all rights and remedies available under section 3.2 above. .
ARTICLE V
Liabilities
5.1 Each Party retains the financial responsibility for damage to or loss of its own equipment
that may occur in performing its duties under this JPA.
5.2 Each Party retains the financial responsibility for workers’ compensation benefits for its
own employees and for any injuries that occur to its employees in performing its duties under this JPA.
5.3 Each Party shall be liable for its own acts and omissions, including the acts and omissions of its officers, employees or agents and the results thereof to the extent
authorized by law and shall not be responsible for the acts and omissions of the other Party, its officers, employees or agents. Each Party agrees to indemnify, defend and hold harmless the other Party, its officers, employees or agents, against any and all
liability, loss, costs, damages, expenses, claims or actions, including attorneys’ fees that the other Party may hereafter sustain, incur or be required to pay, arising out of any act
or omission of the indemnifying Party, its officers, agents or employees, in the execution,
performance, or failure to perform its obligations of this JPA. Nothing herein, however, shall be deemed a waiver by either Party of the limitations on liability set forth in
Minnesota Statutes, chapter 466. Article VI
Miscellaneous Provisions 6.1.1 This JPA shall be binding upon Lake Elmo and District and their respective successors.
Neither Party shall be allowed to assigns this JPA without the express written consent of
the other Party.
6.2This JPA represents the entire agreement between Lake Elmo and District. 6.3 This JPA may be amended only by a written document duly authorized, executed and
delivered by Lake Elmo and District.
6.4 Lake Elmo and the District each agree, upon written request of the other, to execute and
deliver instruments and documents of further assurance as may be reasonably required
to carry out the intention of this JPA.
6.5 This JPA may be executed in counterpart, each of which shall constitute one and the same instrument.
.
6.6 All notices, demands or other communication under this JPA shall be in writing and shall
be deemed to have been duly served when delivered to the person for whom it was intended, or when mailed, first-class mail, postage prepaid, as indicated below:
If to Lake Elmo: City of Lake Elmo City Administrator
3800 Laverne Avenue North
Lake Elmo, MN 55042
If to District: Stillwater Area Public Schools, ISD 834 Superintendent
1875 Greely Street S. Stillwater, MN 44082 6.7 The invalidity or unenforceability of any provision of this JPA, in no way, affect the validity or enforceability of any other provision of this JPA, all of which shall remain in full force and effect.
6.8 Upon dissolution of this JPA, the Parties shall equitably divide the real and personal
property forming the Oak-Land Neighborhood Park, in accordance with their respective
contributions, taking into consideration maintenance of such property.
[Remainder of page left blank intentionally]
IN WITNESS WEREOF, the City of Lake Elmo and the Stillwater Area Public Schools ISD 834 have caused this joint powers agreement to be duly executed on the day and the year first
above written.
CITY OF LAKE ELMO
By______________________________ By______________________________
Mike Pearson, Mayor Adam Bell, City Clerk
Attest____________________________ Dean Zuleger, City Administrator
ISD 834 – STILLWATER AREA PUBLIC SCHOOLS
By_____________________________ By______________________________
Its School Board Chair Its School Board Clerk Attest___________________________
Corey Lunn, Superintendent
Oakland Jr. High School
Proposed City - ISD834 Joint Park3.7 Acres
Area AArea B
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User CommunityCity of Lake Elmo - ISD 834 JPA Proposal
µData Scource: Washington County, MN
3-5-2014
ISD 834 Property
Proposed Joint Park
0 300 600150 Feet
1"=300'