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Home My WebLink AboutPages from CC Packet 9-16-14 Part VI7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 x 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 MAYOR & COUNCIL COMMUNICATION DATE: September 16, 2014 REGULAR ITEM # 21 AGENDA ITEM: Savona 2nd Addition Developer’s Agreement SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Dave Synder, City Attorney Nick Johnson, City Planner 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: Staff is recommending that the City Council approve a developer’s agreement associated with the Savona 2nd Addition residential development. The agreement has been drafted based on a model agreement previously reviewed by the Council and the agreement that was executed for the first phase of Savona. FISCAL IMPACT: Direct Payments to Developer – None: there are no City payments for oversizing of utilities or for other reasons included in the agreement. Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after three years), maintenance of the 5th Street boulevard landscaping, monthly lease payments for street lights (estimated at $111 for 16 lights), future park land improvements, and other public financial responsibilities typically associated with a new development. SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize execution of a developer’s agreement related to the Savona 2nd Addition final plat. The attached agreement has been previously reviewed by the City Attorney and City Engineer, and all recommend changes specific to the Savona project have been incorporated into the document as -- page 1 -- City Council Meeting [Regular Agenda Item 21] September 16, 2014 drafted. There are a few items in the list of construction cost estimates that need to be provided by the developer, but these can easily be incorporated into the document before it is signed by the City. This agreement must be executed before any construction activity, outside of the previously authorized grading work, may proceed on the site. The recommended motion to take action on the request is as follows: “Move to adopt Resolution No. 2014-77 approving the developer’s agreement for Savona 2nd Addition” LEGISLATIVE HISTORY/STAFF REPORT: One of the conditions included as part of the Planning Commission recommendation to the Council concerning the Savona 2nd Addition Final Plat specifies that the developer enter into a Developer’s Agreement prior to the execution of the plat by City officials. Staff has drafted such an agreement consistent with the City’s developer’s agreement template, and this document is attached for consideration by the City Council. Please note that the document as drafted contains some modifications to the original template based on some of the unique aspects of the Savona development. The key aspects of the agreement include the following components: • That all improvements to be completed by October 31, 2015. • That the developer provide a letter of credit in the amount of 125% of the total cost of the proposed improvements. The developer needs to submit cost estimates for a few additional improvements, the estimates provided to date indicate that the letter of credit will be a at least $2,056,614.25 for the project. • That the developer provide a cash deposit of $461,032 for SAC and WAC charges, engineering administration, one year of street light operating costs, and other City fees, but not including park land dedication fees, which were paid as part of the first addition). The proposed project does not include any specific City payments for utility oversizing or other reasons. The City Engineer has not approved the final construction plans for the project, and no work will be allowed to commence on the site until these plans are approved by the City. BACKGROUND INFORMATION (SWOT): Strengths: The developer’s agreement has been drafted to guarantee that the improvements associated with Savona 2nd Addition plans will installed in accordance with City specifications. Execution of the developer’s agreement and compliance with all conditions in the agreement will allow the developer to record the Savona 2nd Addition Final Plat. Weaknesses: The City will assume responsibility for future maintenance of the public improvements. Opportunities: The proposed improvements will extend the road system and public utilities presently being constructed in the first phase of Savona. -- page 2 -- City Council Meeting [Regular Agenda Item 21] September 16, 2014 Threats: The City will need to provide construction observation throughout the course of the project (these costs will be covered under an Engineering Administration Escrow). RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City Council approve the Developer’s Agreement for Savona 2nd Addition and that the Council direct the Mayor and Staff to execute this document once the final construction cost estimates have been provided. The suggested motion to adopt the Staff recommendation is as follows: “Move to adopt Resolution No. 2014-77 approving the developer’s agreement for Savona 2nd Addition” ATTACHMENTS: 1. Resolution No. 2014-77 2. Savona Developer’s Agreement – Final Draft -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-77 A RESOLUTION APPROVING THE DEVELOPER’S AGREEMENT FOR SAVONA 2ND ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, U.S. Home Corporation (d/b/a Lennar), 16305 36th Avenue North, Suite 600, Plymouth, MN (“Applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Savona 2nd Addition; and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Savona at a meeting held on August 6, 2013; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014-076 on September 16, 2014 approving the Final Plat for Savona; and WHEREAS, Condition (2) of said Resolution No. 2014-076 establishes that, prior to the execution of the Final Plat by City officials, the Applicant is to enter into a Developer’s Agreement with the City; and WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy of the Developer’s Agreement was submitted to the City Council for consideration at its September 16, 2014 meeting. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer’s Agreement for Savona 2nd Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 16th day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Adam Bell, City Clerk Resolution No. 2014-77 1 (reserved for recording information) DEVELOPMENT CONTRACT (Public sewer and water) Savona 2nd Addition AGREEMENT dated , 2014, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation (“City”), and U.S. Home Corporation, d/b/a Lennar (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Savona 2nd Addition (referred to in this Contract as the "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described as: 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both 2 parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat and required homeowner’s association documents have been recorded with the Washington County Recorder's Office, and 4) the City’s Community Development Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that the Developer may proceed. 4. PHASED DEVELOPMENT. This plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the 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 final platted into lots and blocks unless previously paid as part of an earlier development phase. 5. PRELIMINARY PLAT STATUS. The plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the residential use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer’s sole expense. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Comment [L1]: Given the size of the development and the nature of phasing, we will need more then 2 years to final plat and subdivide the entire community. 3 Plan A – Final Plat Plan B – Final Grading, Drainage, and Erosion Control Plans Plan C – Final Sanitary Sewer, Water Main, Storm Sewer, and Street Plans Plan D – Final Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping and Street Trees K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the City’s Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer 4 and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 36. Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all engineering administration and construction observation performed during the construction of the plat. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in its full amount. City engineering administration will include monitoring of construction progress and construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall include, at the discretion of the city, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis. 5 The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development. Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: A. Right-of-Way Excavations and Obstructions: • City of Lake Elmo, Right-of-Way Utility Installation(s) • City of Lake Elmo, Right-of-Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County, Street or Driveway Access(s) • Minnesota Department of Transportation, Utility Installation • Minnesota Department of Transportation, Right-of-Way Permit B. Watermain Extensions: • Minnesota Department of Health C. Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. Stormwater Management: • Valley Branch, Brown’s Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit • SWPPP (Stormwater Pollution Prevention Plan) 6 F. Wetland Mitigation: • Board of Water and Soil Resources, WCA G. Construction Dewatering: • Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2015, with the exception of the final wear course of asphalt on streets. The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via the planned construction access off of Keats Avenue. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and/or their representatives are required to supervise and coordinate all construction activities for all improvements and must notify the City in writing stating 7 when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16., 17. and 18. For the purpose of this paragraph, Electronic message (email) shall be deemed an acceptable method of notification provided it is captioned “Notice pursuant to Development Agreement”. 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the plat, with all watershed district permits and with Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, the developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action as allowed by this agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City’s building permit requirements, or as required by the City or City Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as-constructed grading plan. 8 Within thirty (30) days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that all trails, ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. The City will not issue any building permits until the approved certified record grading plan is on file with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "D". The plan shall conform to the City’s Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, the boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course may be installed in accordance with paragraph 12. above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets 9 within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developer’s operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City’s Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer has previously submitted a payment for park dedication requirements for all the areas to be platted within the Savona Preliminary Plat and paid said fee as part of the Savona Development Contract. No additional fees in lieu of land dedication are required for the plat. 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) 10 and all water availability charges (WAC) with respect to the Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $204,000. The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $204,000. In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met Council sewer availability charge in the current amount of $2,435.00 per REU, and a water connection charge in the current amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. These amounts are charged at the time of building permit in accordance with the latest City fee schedule. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements, and the installation costs shall be included in the street construction calculations. 24. STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street lighting plan approved by the City. The Developer shall coordinate the installation of street lights with Xcel Energy in conjunction with the other improvements, and agrees to pay Xcel Energy for all upfront costs associated with the street lighting system, including underground cables, posts, lamps, ballasts, starters, photocells, and glassware. All street lights will be leased by the City upon final acceptance of the system. The Developer shall also pay $1,332 in payment for the first year operating costs for street lights. 11 25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If the mitigation work is found to be incomplete or restoration is unsuccessful the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used by the City to perform the work. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except two model homes on lots acceptable to the Community Development Director. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. The monument design shall be approved by the Community Development Department. C. Written certification of the as-constructed grading must be on file at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and/or withholding of other permits, inspection or actions, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. G. The City will not issue a certificate of occupancy for any building constructed on any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public 12 sewer and water, curbing, and one lift of asphalt is installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must be on file at the City for the block where the building is to be located. 27. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine payment of attorneys' fees pursuant to this Contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording. C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneys' fees. 13 E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the _______________, 2014 Engineering memorandum. B. Before the City signs the final plat, the Developer shall convey Outlot D and Outlot J to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer shall install a temporary turnaround on any streets that will be extended into adjacent developments in the future as directed by the City Engineer. D. The Developer must obtain a sign permit from the City Building Official prior to installation of any permanent subdivision identification signs. F. The Developer shall provide for a minimum green belt/buffer of 100 feet around all of the adjacent Stonegate subdivision. This buffer shall be secured by a covenant running in favor of the City. G. All trails shall be located within the easements or dedicated to the City of Lake Elmo. Title commitments shall be provided for all land so dedicated. J. The Developer shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 14 K. Any land under which public trails are located will be accepted as park land provided the Developer constructs said trails within the dedicated areas as part of the public improvements for the subdivision and easements are provided where required by the City. L. No more than half of the residential units depicted on the preliminary plat (155) may be approved as part of a final plat until a second access is provided to the subdivision, either via a connection to Hudson Boulevard to the south, Inwood Avenue (CSAH 13) to the west, or back to Keats Avenue (CSAH 19) through the property to the north of Savona. N. The Developer shall secure any necessary permits for the multi-family area, including but not limited to a conditional use permit to allow for single family detached residences that do not have frontage on a public street, at the time a final plat is submitted for this area. O. (Other requirements). 29. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission 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 plat, or any part of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by the City Attorney, shall be filed with the final plat. No third- party beneficiary status is hereby conferred. All outlots and common areas, including Outlots B, C, E, F, K, L, N, O, and P, shall be maintained in 15 good order and repair by a homeowner’s association, and, if it does not do so, then the City may perform the work and assess the costs against the individual lots within the plat of Savona 2nd Addition and without regard to the formalities or requirements of Minn. Stat. § 429. D. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 16 I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 30. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. 31. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is 17 necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City may undertake to do the work and assess the costs to the individual lots within the plat without regard to the formalities or requirements of Minn. Stat. § 429.. 32. ENFORCEMENT BY CITY; DAMAGES. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 33. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two growing seasons following installation. 18 D. The required warranty for landscaping within storm water infiltration areas (Outlot D and Outlot J) shall be three (3) years following installation. The developer shall also enter into a maintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping for within these storm water infiltration areas. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination of weeds and invasive species. 34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $________________. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Streets $510,516.15 Sanitary Sewer $325,134.00 Watermain $322,151.25 Surface Water Facilities (pipe, ponds, rain gardens, etc.) $429,404.00 Grading $_______ Erosion Control $55,586.00 Sidewalks/Trails $_______ Street Lighting Xcel to Install, to be pre-paid directly by developer Street Signs and Traffic Control Signs $______ Landscaping $______ Tree Preservation and Restoration N/A Wetland Mitigation and Buffers Separate letter of credit through Watershed District Monuments $_____ Miscellaneous Facilities N/A 19 Developer’s Record Drawings $2,500 Construction Sub-Total $_______ Total Project Securities (at 125% Construction Costs) $_______ This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. 35. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations to the City have been satisfied, with City Engineer approval the security may be reduced as follows: A. Up to 50%, or $_________ of the security provided in accordance with paragraph 32. above may be released when: (1) Developer’s obligations under this Agreement have been completed and the Public Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list items, but not including the final wear course; and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided by the City in writing and satisfactory evidence of payment, such as lien waivers are provided. B. Up to an additional 25%, or $_________ of the security provided in accordance with paragraph 32. above may be released when: (1) Developer’s obligations under this Agreement have been completed and the Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list items and including the final wear course; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivers, are provided. C. Twenty percent (25%) of the amounts certified by the Developer's engineer shall be 20 retained as security until: (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received and approved by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $204,000 Water Availability Charge (WAC) $204,000 Park Dedication N/A Street Light Operating Fee $1,332 City Base Map Upgrading $1,700 City Engineering Administration Escrow $50,000 (Based on two months of administration/observation) Total Cash Requirements $461,032 37. NOTICES. 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 certified mail at the following address: 16305 36th Ave N, Suite 600. Plymouth, MN 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership of the property being platted by way of an attorney’s title opinion or title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. 21 CITY OF LAKE ELMO (SEAL) BY: , Mayor AND , City Clerk DEVELOPER: BY: Its 22 STATE OF MINNESOTA ) ( ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2 , by and by , the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 , by the of . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 23 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 , by . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 24 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of _, 2 , by . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 25 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Savona 2nd Addition Outlot A and F, Savona, according to the recorded plat thereof, Washington County, Minnesota 26 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Lake Elmo Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $_ , available to you by your draft drawn on sight on the undersigned bank at its offices in Minnesota. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 , of (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_ _. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its MAYOR & COUNCIL COMMUNICATION DATE: September 16, 2014 REGULAR ITEM #22 RESOLUTION 2014-046 AGENDA ITEM: Wildflower at Lake Elmo (Robert Engstrom Companies) Comprehensive Plan Amendment SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Planning Commission Kyle Klatt, Community Development Director David Snyder, City Attorney 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 a PUD Concept Plan and Comprehensive Plan Amendment (CPA) related to the proposed Wildflower at Lake Elmo development at its June 9, 2014 meeting and recommended approval of both requests with conditions. The City Council approved the PUD Concept Plan at its June 17th meeting, but tabled discussion concerning the proposed Comprehensive Plan Amendment due the absence of two Council members. In addition, the City Council reviewed the CPA request at the July 1, 2014 City Council meeting and postponed consideration of the item pending further progress on the legal effort to amend the existing conservation easement and additional information about the proposed conservancy. FISCAL IMPACT: TBD – The Comprehensive Plan Amendment is necessary for the development project to move forward as proposed. If the amendment is not approved, the applicant will need to submit a revised concept plan. -- page 1 -- City Council Meeting [Regular Agenda Item 22] September 16, 2014 SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a Comprehensive Plan Amendment to allow residential development to occur on two small areas within the proposed Wildflower at Lake Elmo subdivision that are currently guided for RAD – Rural Area Development and Open Space. The City Council approved the PUD Concept Plan for this development at on June 17th, but could not take action on the related Comprehensive Plan amendment because the proposed amendment requires a 4/5ths majority of the Council to pass and two Council members were absent from this meeting. Additional review was completed at the July 1st meeting, however the item was postponed for consideration pending additional requested information. The Planning Commission has recommended approval of the Comprehensive Plan amendment. The suggested motion to adopt the Planning Commission recommendation is as follows: “Move to adopt Resolution No. 2014-46 approving a Comprehensive Plan Amendment to change the future land use designation of two areas within the Wildflower at Lake Elmo development from RAD and OP to V-LDR and V-MDR.” LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The information attached to the June 17th Council agenda packet for this item included detailed plans, reports, and other information concerning the Wildflower at Lake Elmo Development. In the interest of avoiding additional copying for the September 16th Council meeting, Staff has not provided information included in the June 17th packet except for the proposed resolution of approval and related map. All of the previous information is available upon request (and still available on-line). As part of its approval of the Wildflower Concept Plan on June 17th, the City Council added two conditions to the Planning Commission recommendation based on feedback form the surrounding property owners, include the Fields of St. Croix Homeowner’s Association. These conditions requested the following: • That prior to approval of the Comprehensive Plan Amendment the Fields of St. Croix Association and Robert Engstrom Companies would submit their written agreement to the City concerning the proposed development on Outlot P and proposed amendments to the conservation easement over Outlot P. • That prior to approval of the Comprehensive Plan Amendment the three property owners to the east of Wildflower that have submitted written statements to the City concerning the development (Eischen, Dupuis, and Smith) would work out an agreement with the developer concerning buffering and screening of their properties. Since the Council meeting, Staff has received the written agreement between Robert Engstrom Companies and the Fields Association. This agreement is attached for consideration by the Council. In addition, the developer has met on site with the three eastern property owners and also participated in a meeting at City Hall with Staff and the Mayor present to further discuss -- page 2 -- City Council Meeting [Regular Agenda Item 22] September 16, 2014 their concerns. The result of this meeting is the attached landscape plan that documents the types of planting and location for the plantings that was deemed acceptable to all parties. Furthermore, the developer has agreed to the following actions to further address neighbor concerns: • To conduct a further investigation of wooded area to the east of the Eischen’s home that extends into Outlot P. This investigation is intended to identify any work needed (removal of dead trees, removal of invasive species, additional plantings) to allow this area to provide an effective screen and keep the area in a natural state. • To revise the parcel layout in front of the Smith property to remove one buildable lot and to reconfigure the adjacent parcels so that they only about Smith’s land at one point. All land between the Smith property and public roadway would be platted as an outlot to be owned and maintained by the future HOA. This revised layout is depicted in the attached updated landscape plan for this area. With the submission of this information, the relevant conditions of approval attached to the concept plan appear to have been addressed. The developer was still reviewing some of the details of the updated plan with the property owners, any further updates will be discussed at the City Council meeting. In addition to the aforementioned requested conditions, the City Council requested additional information be provided at its July 1st meeting before taking action of the Comprehensive Plan Amendment request. The additional information includes the necessary amendments to the conservations easements where the Comp Plan Amendment would apply, as well as additional detail concerning the management and maintenance of the proposed conservancy area. To address these outstanding items, the applicant’s attorney has been working with the City Attorney on drafting the necessary amendments to the Conservation Easement. This agreement has now been finalized, and the version signed by the Fields of St. Croix Homeowner’s Association is attached for consideration by the City Council. Please note that because the agreements reference lots that will be created via a future subdivision, all parties have agreed that the documents will be held in escrow pending the approval of the Wildflower plat. If the plat is not approved by the City, the agreements will never be executed. In addition, the applicant has provided a preliminary management plan for the conservation area in the northern portion of the Wildflower development. This preliminary plan can be found in an email to the Community Development Director (Attachment #8). As noted in the previous Staff report on this item, the Planning Commission discussed the request, and unanimously recommended approval of the comprehensive plan amendment as presented with the one condition as recommended by Staff. BACKGROUND INFORMATION (SWOT) FROM PREVIOUS RERPOT: Strengths • The PUD Concept Plan is consistent with the City’s -- page 3 -- City Council Meeting [Regular Agenda Item 22] September 16, 2014 Comprehensive Plan for the Village Planning Area (with the exception of the plan amendments requested by the developer). • The project has been designed to comply with the City’s zoning regulations and development standards for the Village Medium Density district. • The project addresses several of the Village Planning Principles adopted as part of the Comprehensive Plan. Weaknesses • The concept plan will require the removal of a portion of the existing conservation easement over Outlot P of the Fields of St. Croix Second Addition. Opportunities • The development will include 145 REC units and will pay connection fees for sewer and water service. • The project includes a large conservation area that will ensure the permanent protection of a large portion of the planned Village Open Space/Buffer area. • The development will bring sewer to the extreme northeastern portion of the Village Planning Area and will be designed to allow for future connections in this part of the City. Threats • The developer will need to work with the City on establishing a plan for management and oversight of the conservation area in a manner that will not overburden the City. RECOMMENDATION: Based upon the above report and analysis, Staff and the Planning Commission are recommending that the City Council approve the request from Robert Engstrom Companies for a Comprehensive Plan Amendment related to a residential subdivision to be called Wildflower at Lake Elmo. The suggested motion to adopt the Planning Commission recommendation are as follows: “Move to adopt Resolution No. 2014-46 approving a Comprehensive Plan Amendment to change the future land use designation of two areas within the Wildflower at Lake Elmo development from RAD and OP to V-LDR and V-MDR. ATTACHMENTS: 1. Resolution No. 2014-46 (Comprehensive Plan Amendment) 2. Proposed Comprehensive Plan Amendments 3. Updated Landscaping Sketch Plan – Wildflower at Lake Elmo 4. Planting List and Details 5. Aerial Photograph – Smith, Eischen, and Dupuis Property 6. Eischen Letter 7. Fields of St. Croix and Engstrom Written Agreement 8. Preliminary Management Plan for Wildflower Conservation Area 9. Draft Easement Agreements (2) -- page 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2014-046 RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF LAKE ELMO COMPREHENSIVE PLAN WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, Robert Engstrom Companies, 4801 West 81st Street, #101, Bloomington, MN, (“Applicant”) has submitted an application to the City of Lake Elmo (“City”) to amend the Lake Elmo Comprehensive Plan, a copy of which is on file in the City Planning Department; and WHEREAS, the request to amend the Comprehensive Plan was submitted along with a Planned Unit Development concept plan for a proposed single-family residential subdivision to be called Wildflower at Lake Elmo; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on June 9, 2014 to consider the request to amend the Comprehensive Plan; and WHEREAS, on June 9, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the request to amend the Comprehensive Plan; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan at meetings on June 17, 2014, July 1, 2014 and September 2, 2014 and September 16, 2014; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the Applicant has submitted a request to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning Commission. 2) That the request to is to amend the Future Land Use Map (Map 3-3 in Chapter III – Land Use Plan) and Village Planned Land Use Map (Map 3-5 in Chapter III – Land Use Plan) in the Lake Elmo Comprehensive Plan, and to specifically change the future land use designation of a portion of two parcels of land located within the Wildflower at Lake Elmo development as depicted in the attached Exhibit A and described as follows: a) To change the western portion of Outlot P of the Fields of St. Croix Second Addition from RAD – Rural Area Development to V-MDR Village Urban Medium Density Residential (a portion of PID 12.029.21.43.0013). b) To change the approximately eight acres immediately east of the intersection of 43rd Street North and Lake Elmo Avenue (the area depicted for the westernmost single family residential lots on the Wildflower at Lake Elmo PUD Concept Plan approved by the City Council on June 9, 2014) from RAD – Rural Area Development and Village Open Space Overlay to V-LDR Village Urban Low Density Residential (a portion of PID 12.029.21.32.0001). 3) That the proposed area impacted by the proposed amendment is relatively small and will not have a significant impact on the City’s 2030 household and population forecasts. 4) That the proposed amendments are consistent with the overall goals and objectives of the Village Land Use Plan. NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves the Applicant’s request to amend the Lake Elmo Comprehensive Plan, subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. Passed and duly adopted this 16th day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Adam Bell, City Clerk MAYOR & COUNCIL COMMUNICATION DATE: September 16, 2014 REGULAR ITEM # 23 AGENDA ITEM: 39th Street North: Street and Sanitary Sewer Improvements - Change Order No. 1 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction/Staff Presentation ..................................................... City Engineer - 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: Engineering FISCAL IMPACT: Cost impacts to be presented at Council Meeting This change order will increase the scope of the contractor improvements and therefore the contract amount by a final amount to be presented at the Council meeting. Staff will present a brief water system planning update at the council meeting to update the council in regards to the overall water system infrastructure plan and the need for the improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Change Order No. 1 for the 39th Street North: Street and Sanitary Sewer Improvements, thereby increasing the contract amount by an amount to be presented at the Council meeting. The recommended motion for the action is as follows: “Move to approve Change Order No. 1 for the 39th Street North: Street and Sanitary Sewer Improvements in the amount of $________________.” -- page 1 -- City Council Meeting [Regular Agenda Item 23] September 16, 2014 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Concurrently with the design of the 39th Street North: Street and Sanitary Sewer Improvements project, engineering has been working with the City’s water system consultant, AE2S, to identify and configure the City’s comprehensive water system as needed to support the proposed growth and development. Reconfiguration and verification of pipe sizing, storage requirements, and other infrastructure needs is necessary to provide a functional system as the proposed development plans and subsequent phasing of the infrastructure becomes known. Through this process, staff has identified an opportunity to increase the size of the Village trunk watermain, together with redefining the pressure zone boundaries in and around the Village area, in a manner that will eliminate the future need for an elevated storage tank in the Village. The pipe upsizing may also result in the ability to defer the need to construct the low pressure system water tower south of 10th Street for 1-2 additional years. The overall water system savings could be significant but will result in the increased cost to upsize the Village trunk watermain. The water system modeling work has identified that a 16-inch trunk watermain through the Old Village Area would enable these overall system changes and would increase the municipal water service and fire protection to the low pressure system along the I-94 corridor. With the 39th Street North: Street and Sanitary Sewer Improvements project currently in construction, there is an opportunity to complete one segment of this trunk watermain by adding the replacement of the watermain to the scope of this project through a change order. Engineering has prepared a change order and received contractor pricing for the work. The change order details would be as follows: 1. Remove existing 8-inch watermain along 39th Street from Lake Elmo Avenue to Laverne Avenue. 2. Install 16-inch watermain along 39th Street from Lake Elmo Avenue to Laverne Avenue including all necessary fittings, valves, and appurtenances required. The remainder of the 16-inch trunk line would be included with future projects such as the CSAH 17 Lake Elmo Avenue Street and Utility Improvements project scheduled for construction in 2015 and 2016. RECOMMENDATION: Staff is recommending that the City Council consider approving Change Order No. 1 for the 39th Street North: Street and Sanitary Sewer Improvements, thereby increasing the Contract Amount by an amount to be presented at the council meeting. The recommended motion for this action is as follows: “Move to approve Change Order No. 1 for the 39th Street North: Street and Sanitary Sewer Improvements in the amount of $________________.” ATTACHMENT(S): 1. N/A (Change Order No. 1 to be presented at the Council meeting). -- page 2 -- MAYOR & COUNCIL COMMUNICATION DATE: September 16, 2014 REGULAR ITEM #25 MOTION $$ - $21,900 AGENDA ITEM: Approve corrective action to be taken to resolve the Discover Crossing cul-de-sac storm water drainage issue SUBMITTED BY: Dean Zuleger / Cathy Bendel THROUGH: Ryan Stempski, Mike Bouthilet, Greg Malmquist, Fire Chief REVIEWED BY: Finance Committee SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………….…………………………..City Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Council Member Wally Nelson & City Administrator Dean Zuleger FISCAL IMPACT: Not to exceed $21,900 / Surface Water Account SUMMARY AND ACTION REQUESTED: Direct staff to proceed with having repairs done in the Discover Crossing circle related to the poor turn around and storm water drainage designs. This would include obtaining the required second estimate to be sure the work is being performed at the lowest cost available. BACKGROUND INFORMATION: When the Discover Crossing development was designed, there were design flaws. They included the design of a cul-de-sac with a turn-around radius which is insufficient for larger vehicles (school buses and fire trucks) as well as the placement of the storm water drain in a location which is resulting in erosion and standing water issues that are affecting the infrastructure of the street.. -- page 1 -- City Council Meeting [Regular Agenda Item 25] September 16, 2014 STAFF REPORT: For the last six years the City staff have received numerous complaints/issues from the Discover Crossing residents related to design flaws by the developer related to the turnaround circle and the storm water drain in that turn around. As a result of the Developer no longer being in business, there is no one to bring these issues to for resolution/correction. Staff has had numerous on-site meetings with the HOA to outline the issues and determine the best corrective action to be taken. Attached is a proposal from TA Schifsky to make the suggested repairs at a cost of $21,900. A second quote will be obtained and the work will be completed by the vendor with the lowest quote, not to exceed $21,900. 100% of the costs would be charged to the Storm Water Fund since all necessary repairs are a result of the issues with the storm water drain. RECOMMENDATION: It is recommended that the City Council approve the repairs to be made on the Discover Crossing turnaround at an amount not to exceed $21,900: “Move to approve an amount not to exceed $21,900 to do the repairs needed at the Discover Crossing circle” -- page 2 -- City of Lake Elmo Planning Commission Meeting Minutes of September 8, 2014 Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Williams, Dodson, Kreimer, Larson, Lundgren, Dorschner and Haggard COMMISSIONERS ABSENT: None STAFF PRESENT: Community Development Director Klatt and City Administrator Zuleger Approve Agenda: M/S/P: Haggard/Lundgren, move that no new items are brought up after 10:30 pm; Vote: 0-7, motion fails. The agenda was accepted as presented. Approve Minutes: August 25, 2014 M/S/P: Williams/Lundgren, move to approve the minutes as amended; Vote: 6-0, motion carried, with Dorschner not voting. Public Hearing: Village Park Preserve – Preliminary Plat Klatt started his presentation on the application for Village Park Preserve which is a follow through from the concept plan. There are 104 single family residential units located on 64 acres immediately west of Manning Avenue and north of 30th Street within the Southern portion of the Village Planning Area. One critical issue that needs to be addressed is storm water management. This plan pulls water away from 30th street to a spot that is much better to be managed. A condition of approval is written approval of affected property owners. There is also watershed district approval required. Another item would be the formal approval of the Comprehensive Plan Amendment by the Metropolitan Council. There should be additional buffering for the McLeod property. The MAC would also like some input into the storm water areas so that there is no problem with attracting waterfowl. Lake Elmo Planning Commission Minutes; 9-8-14 2 Klatt presented draft findings to the Planning Commission. Staff is recommending approval with 13 conditions of approval. Klatt stated that there is a 3 year growing period that the developer is responsible for maintaining the storm water ponds. Dave Gonyea with Gonyea Company stated that they are planning to put additional screening in for the McLeod property. He stated that they will eliminate 2 lots in the South West corner and put in 2 more infiltration basins. Dodson asked Dave Gonyea if he sees any problems with getting approvals from all the agencies before the final plat. Gonyea said he does not see any problems with that. Public Hearing opened at 8:42 p.m. No written comments were received. James McLeod, 11580 30th Street, concerned about the intersection of 30th street and Manning. There have been numerous accidents there because it is so difficult to see on 30th Street, especially at night. He feels it is imperative that a street light be there as well as potentially a stop light. He also feels that drainage will be a huge problem. He also asked where the sewer line is on the map. Gonyea explained that on the map. Mr. Mcleod would like to have a sewer line stubbed up to his property. Vonnie McLeod, 11580 30th Street, concerned that there are too many homes on too small of lots. Sue Dunn, 11018 Upper 33rd Street, is concerned with all of the conditions of approval and is very concerned with the surface water plan. She would like to see a moratorium on development until a comprehensive surface water plan is in place. Public Hearing closed at 8:57 pm. There was a general discussion about a traffic light at 30th and Manning and that in the future that would probably take place. There was also a general discussion about the railroad crossing. Zuleger stated that the work on Manning is going to commence in 2016 with a roundabout at 10th street and Manning. Probably the installation of the 30th street traffic lights would be more in 2017-2018. Kreimer asked about the 1% watershed district requirement for rate and volume control and was wondering if that was incorporated into this plan. Klatt stated that they will need to meet that and additional work needs to be done on the plans. Lake Elmo Planning Commission Minutes; 9-8-14 3 Williams stated the plan meets zoning requirements and net density. The only problem he sees is storm water management. M/S/P: Williams/Dodson, move that condition number 13 be changed to state that the developer submit a letter from the MAC agreeing to the design of storm water facilities acceptable to the City prior to submitting Final Plat application, Vote:7 -0, motion carried Unanimously. Haggard does not agree with giving a credit for parkland for a piece of land that is not connected. Dodson agrees that it seems that it is wooded and might not be developable. Gonyea stated that it was developable and was what the City asked for. Dodson was wondering how many of these conditions would be resolved prior to Final Plat. He is concerned about the Storm water getting ironed out before Final Plat. Williams pointed out that a number of the conditions specifically state that they must be done before final plat. M/S/P: Larson/Dorschner, move to recommend approval of the Village Park Preserve preliminary plat with the 13 conditions of approval as drafted by staff based on the findings of fact listed in the staff report, including the amendment to number 13 Vote:6 -1, motion carried, with Haggard voting no. Lundgren asked about the feasibility to get a stub sewer line down to the McLeod property. Dave Gonyea expressed his willingness to work with the McLeods to get a stub sewer line down to their property. Business Item: Savona Second Addition – Final Plat Klatt began his presentation regarding the continuation of the discussion of the Final Plat for Savona 2nd addition that was reviewed at the 8/25/14 Planning Commission meeting. First addition has 2 model homes currently under construction. The Planning Commission wanted to see more of the items resolved before Final Plat approval was given. The developer has removed 2 lots to comply with some of the requests of the Planning Commission. Six conditions of approval have been met. There are now 8 conditions of approval which are more Final Plat checklist items before the plat is recorded. M/S/P: Dodson/Williams, motion to reword condition #4 to state that a common interest agreement concerning the management for both the single family and multi- family areas within Savona, and establishing a homeowners association for both these areas shall be submitted in final form to the Community Development Director. The Declaration shall comply with Minnesota Statute 515B for transfer of control to the Homeowners. Vote: 7-0, motion carried, unanimously. Lake Elmo Planning Commission Minutes; 9-8-14 4 M/S/P: Dodson/Larson, move to recommend approval of the Savona 2nd Addition Final Plat with the 8 conditions of approval as drafted by staff and amended by the Commission and findings of fact in the staff report, Vote: 7-0, motion carried, unanimously. Business Item: Inwood Planned Unit Development (PUD) – General Concept Plan Klatt began his presentation regarding the continuation of the discussion of the PUD Concept plan for the Inwood Plan. Klatt mentioned that although the public hearing was closed, generally the Planning Commission will let the public make comments. He noted that some of the Planning Commission members did go and visit the Lakes Development in Blaine. The developer has made a number of updates. Cul-de-sac L has been reduced, no lots encroach into the greenbelt buffer, there is increased area adjacent to Stonegate Park. Single family lots were reduced from 281 to 273. There is an updated net density calculation and an open space plan. Staff is recommending approval based on 17 conditions of approval. Staff would also like clarification of 5 previous motions made at the previous meeting to see if they are still valid. John Rask, Hans Hagen, spoke regarding some of the changes. They are working with the watershed to preserve a couple of wetlands. They are working with the Park Commission regarding the Park and one cu-de-sac was made a pass through. The buffer was extended to the edge of the trees, so the buffer is over the 100 feet required. Rask talked about the PUD ordinance and the requirements that relate to the Comprehensive Plan. Rask stated that a third of the site is open space. He spoke to the density of the development which is within the density range required by the Comprehensive Plan. Rask spoke about what they were trying to accomplish with this development. Haggard asked about outlot G in the commercial area and asked if it would be developed in the future. Rask responded that it is regulated by the Watershed District and there can be no more than 30% impervious. Each island is an Infiltration basis. They don’t have specific users for the commercial, so at this point it is just a concept. Haggard also asked about the buffering between different uses. Todd Ptacek, 812 Julep Ave, feels that things are moving too quickly and there should have been a moratorium until the numbers were refigured. Just because the numbers are met doesn’t mean that it is a good development. With a PUD ordinance, it also gives the City flexibility. It seems wrong to count filtration basins as open space. Also was wondering about the 300 foot property notification. Klatt clarified it is 350 feet. John Olfelt, 914 Jewel Ave, disappointed that this is such a dense development. Lake Elmo Planning Commission Minutes; 9-8-14 5 Randy Hederson, 820 Jasmine Ave, totally against having such small width of lots. Also asked about the buffer and how many trees are going to be removed. There will be trees removed to put in the trail in the wooded area. Also feels that the park might be too far away for people in the development. Tom Fitzgerald, 877 Jasmine Ave Place, has been asked by neighbors to present a petition stating their opposition of this development. Fitzgerald read the petition. The petition had 95 signatures and was submitted for the record. Mark Enright, 724 Julep Ave, objects to what he considers high density going in next to Stonegate. Feels that the City is moving too quickly. Feels that it would have been respectful if all Stonegate residents would have been notified regardless of the 350 foot rule. Has traffic concerns regarding 10th Street as there are already issues without this development. Asked about definition of open space. Klatt talked about what it is and will see if there is a definition. Nancy Andert, 697 Julep Ave, appalled by all of this development. Feels there should be a smooth transition as stated in the Comprehensive Plan. Feels we should slow down on all the development. Feels that whatever the developer wants, the City has been changing the code or issuing variances. Why should a PUD be different from any other development? Michael Lancette, 832 Jasmine Ave, seems that the developer is asking for a lot with the PUD and the City is asking for very little. Would like the motion to include single family homes on the east side of the development. This is a PUD and there should be concessions on both sides. Curt Monteith, 331 Julep Ave, a number of years ago there was a 55 year and older proposal to the West of Stonegate. He supported it at that time because he felt it was much less dense than what they could end up with. Wayne Prowse, 697 Julep Ave, against the variances, especially the small lot sizes. Feels that there is enough development surrounding Stonegate and feels that the area cannot absorb the additional traffic along 10th Street. Hans Hagen told him that the City requested the money instead of more parkland. He feels that there is not enough parkland to support the area. He feels that the City is representing the wishes of developers vs. the wishes of the residents. Sue Dunn, 11018 Upper 33rd Street, what has happened to this City when a home is called a product. What about the school district, parkland, roads. It is time to hit the pause button. The word moratorium doesn’t have to scare people and we should be able to develop in a thoughtful and sensitive way that is compatible with Lake Elmo. The City hasn’t made adjustments to the Comprehensive Plan, even though the rec units have been reduced. Lake Elmo Planning Commission Minutes; 9-8-14 6 An email was received from Bob Streeter, the Community Development Director of Oakdale, which was read into the record. Oakdale is concerned with the reduced access to 9th Street and Oak Marsh drive. They would like to work with City of Lake Elmo and County staff to find a mutually agreeable solution. Greg Milner, was wondering how many people signed the petition. 95 people signed. Dodson would like to have the benefit to the City of the PUD in this case. Klatt stated that there are 3 things that are needed to be done for a PUD and the City feels they have met those things. The other things are a little more subjective. It is a different product than other developers are doing. The PUD is used as a tool when a developer wants to do something that isn’t strictly allowed. In this case they are trying to provide a more unified development. Williams stated that in this case it allows for a better storm water plan when multiple parcels are rolled together and one plan is brought forward. Haggard asked if the staff or Council have been looking at lowering the densities now that the forecast has been decreased. Zuleger stated that staff and Council have been looking at rebalancing those numbers, especially in higher density areas such as along Manning. They are looking at possibly more office park and other options. Lundgren asked what the original rec units were that were mandated. Zuleger responded that we were mandated 6600 total rec units. Zuleger stated that we did not specifically deal with rec units, but dealt with population numbers. Lundgren asked how many rec units have been approved already. Savona has approved a little over 100 rec units. Zuleger stated that with the plats in process including this one would put us up around 1700 rec units. Williams stated that one thing he sees as making a big difference is extensive landscaping. He would like to see more spruce trees along the buffer of Stonegate. Kreimer agrees that we do not have anything else like this and the HOA maintained yards are very nice. However, the 38 foot lots are not acceptable and he is not in favor of granting variances for such small lots. Feels that even if you can’t see the development from Stonegate, there are other impacts to consider such as light, noise, traffic, etc. M/S/P: Kreimer/Lundgren, move to recommend denial of the Inwood PUD Concept Plan because it does not conform to the Comprehensive Plan and does not meet the City’s PUD Ordinance, Vote: 2-5, motion fails, with Haggard, Dorschner, Williams, Dodson and Larson voting no. Lake Elmo Planning Commission Minutes; 9-8-14 7 Larson spoke in favor of the development. He feels it is a quality development and is a unique product where people will be proud to live. Dodson also struggles with what else could go here instead of this development. Kreimer stated that the land use plan was designed to put the traffic between 5th street and Hudson. Dodson asked about the traffic study by the County. Kreimer stated that he read someone’s comment that there may be a need for a signal there, so clearly there is concern about the traffic. Dodson stated that after the tour of the Lakes, they have a good idea of what it will look like and there are a lot of positives with the mix of products and the HOA maintained area. Dodson stated that sewered lots are by nature going to be higher density. On the negative, he wasn’t all that comfortable with the back yards, but that is not what he would be in the market for. Kreimer stated he is not comfortable with the apartments because it will add a lot more traffic. Haggard feels that the density numbers that are created by the multi family is way out of line. She also feels that the commercial land should not be counted in. She feels that with a PUD, the City is able to ask for a reduction. Dorschner is very uncomfortable with the 36 foot wide lot. He feels that Stonegate won’t be happy with any development on that property. Feels we need to decide what is the lesser evil. Lundgren thinks the density is too high. Klatt stated that they do have the authority to make recommendations. The Planning Commission came up with a list of conditions and voted on each one individually. 1. All Multi-family housing, including senior housing should be south of 5th street to be consistent with the Comprehensive Plan. Vote: 5-2, motion carried, with Larson and Dodson voting no. 2. Add Sidewalks on one side to all roads in the residential areas, except for 9th Street. Vote: 7-0, motion carried unanimously. 3. Situate the trail in the east buffer area as far west as possible. Vote: 7-0, motion carried unanimously. 4. Lots in neighborhoods E (lots 9-14) F (lots 7-11) and H (lots 7-12) be made designer lots. Vote: 7-0, motion carried unanimously. 5. Require a 5 foot side yard setback. Vote: 2-5, motion failed, with Larson, Dodson, Haggard, Williams and Kreimer voting no. 6. Park Commission should consider a park to be located toward the end of neighborhood G. Vote: 7-0, motion carried unanimously. Lake Elmo Planning Commission Minutes; 9-8-14 8 7. The maximum density of the high density residential remain at 15 units per acre. Vote: 7-0, motion carried unanimously. 8. All Cul-de-sacs must meet the City standard for maximum length. Vote: 6-1, motion carried, with Dodson voting no. 9. Applicant must work with the City to submit design standards to the City as part of the Preliminary PUD Plan application for the City’s use in reviewing building permits. Vote: 7-0, motion carried unanimously. M/S/P: Larson/Dorschner, move to recommend approval of the Inwood PUD Concept Plan with the findings of fact and 17 conditions of approval as drafted in the staff report, along with the 8 additional conditions voted on by the Planning Commission, for a total of 25 conditions Vote: 5-2, motion carried, with Kreimer and Lundgren voting no. Business Item: Hunter’s Crossing Final Plat Klatt began his presentation for a Final plat for Hunter’s Crossing. The Final plat is consistent with the preliminary plat. The final plat for phase I is for 22 single family homes. The critical issues with this development are 5th street construction and phasing, 5th street final construction plans, storm water easement on eastern property, and final checklist for plat approval. Dodson was wondering why an HOA was required. Klatt said that there is some common area that needs to be maintained. Williams is wondering why the temporary access road is not shown on the plat. Klatt stated that the engineer is requesting an easement for the access road. Larson asked why there is no trail shown on the plat. Klatt stated that there is a trail plan that will circle the development and there is a sidewalk on 5th street once it is built. Haggard is wondering where the safe pedestrian cross walk will be. Klatt stated that when the plans for 5th street come forward, that will be part of the plan. Dorschner asked why this is phased for a temporary access. Klatt stated that the northern property owner is not interested in building the road and does not want to be assessed for it. Zuleger stated that they are working on an agreement with the northern property owner that the road will be built within 5 years. Lundgren asked what happens if second addition never materializes. Klatt stated that there will not be over 25 homes built until the road goes in. The road will need to be addressed before any other activity can take place there. Lake Elmo Planning Commission Minutes; 9-8-14 9 Williams asked about the grading. Currently there is an existing berm going into the driving range. Will that be kept? Dodson asked Rust what the HOA will do. Rust responded that it will maintain landscaping, monument, mailboxes, architectural standards, protected lands, etc. Dodson feels that it isn’t a lot of benefit for the conflict that it can create. M/S/P: Williams/Lungren, move to require an easement for the temporary access road shown on the final plat. Vote: 7-0, motion carried unanimously. There was more discussion regarding the HOA and Klatt stated that it might go beyond the authority the Planning Commission has for land use planning. M/S/P: Williams/Dorschner, move to have at the beginning of the draft findings the blanket statement “with the exception of the items noted in the staff report”, Vote: 7-0, motion carried unanimously. Haggard stated that she is disappointed that the landscape requirements have not been met. She would like to make sure that we hold true to the landscape standards. Lundgren stated that the words “generally acceptable” is too vague. M/S/P: Haggard/Kreimer, move to recommend approval of the Hunter’s Crossing Final Plat with the 12 conditions as drafted by staff and the Planning Commission and would like to have the landscape plan be in full compliance before going to City Council, Vote: 7-0, motion carried unanimously. Updates and Concerns Council Updates 1. Savona Conditional Use permit passed. Staff Updates 1. Upcoming Meetings a. September 22, 2014 b. October 13, 2014 Commission Concerns – Haggard brought up the timing of the packet. 1 business day is not enough time to review. Lake Elmo Planning Commission Minutes; 9-8-14 10 Dorschner mentioned that we are moving too fast and it is too much for the staff. If we need more staff, we need to get more staff. Zuleger stated that we might bring in a Planning Consultant just to work on Hans Hagen. Fees and escrows will be used against Planning and Building staff. Dorschner also asked about the school district. Zuleger responded that he is working with Planner Johnson and the school district on these concerns. They are also meeting with sheriff Hutton to talk about the impact to police services. Haggard would like to have a joint meeting with Council to talk more about the recs and what we are on pace for. Dodson asked about the deadline requirements for developments. Klatt stated that the deadlines are already included in the staff report. Zuleger stated that the developers are going to be told that if a complete submittal isn’t received 2 weeks before the meeting, it won’t hit the meeting. Klatt stated that we are trying to move to electronic, but that may be a ways out yet. Meeting adjourned at 12:30 pm Respectfully submitted, Joan Ziertman Planning Program Assistant Lake Elmo Planning Commission Minutes; 9-8-14