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Home My WebLink About09-01-15 CCMP'FI 0"1')' LAKE ELMO NOTICE OF MEETING City Council Meeting Tuesday, September 1, 2015 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North AGENDA A. Call to order B. Pledge of Allegiance C. Roll Call I Order of Business D. Approval of Agenda E. Accept Minutes 1. a. June 9, 2015 b. August 18, 2015 F. Council Reports G. Presentations I Public Comment Lake Elmo Market and Fiscal Impact Study for Gateway Corridor - William Schroeer, East Metro Strong H. Finance Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Approve Finance Report dated 7/31/15 4. Approve the TNT Public Hearing Date for the 2016 Budget and Tax Levy - Resolution 2015- 66 I. Other Consent Agenda 5. 39th Street N Street & Sanitary Sewer Improvements — Approve Tree Replacement Proposal 6. 2014 Street Improvements — Call for Final Assessment Hearing — Resolution 2015-68 7. Approve Tree Planting on Hill Trail 8. Approve Eagle Point Boulevard Testing Contract J. Regular Agenda 9. Pebble Park Picnic Shelter 10. Tablyn Park Upgrades 11. Village Park Preserve Final Plat Extension 12. Zoning Text Amendment — Commercial Wedding Ceremony Venue Ordinance - Ordinance No. 08-121, Resolution No. 2015-45 13. Inwood 2"d Addition Final Plat 14. Savona 3rd Addition Final Plat 15. Savona 3" Addition Development Agreement 16. NE Metro 916 Intermediate School District Final Plat and Preliminary and Final PUD Plans 17. WAC and SAC Proforma Discussion (Pearson request) 18. Lake Elmo Water Rates (Fliflet request-n© attachment) 19. Plat Approval Process/Conditions of Approval (Fliflet request) 20. Transitioning (Lundgren request -no attachment) 21. Building Inspector Position (Pearson request) K. Staff Reports and Announcements L. Adjourn 1111. r OF LAKE ELMO DATE: 9/1/15 Presentation ITEM G AGENDA ITEM: Lake Elmo Market and Fiscal Impact Study SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Clark Schroeder 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: City Council FISCAL IMPACT: Metro Strong has suggested a meaningful contribution for a couple reasons. First; a contribution demonstrations support for the overall Bus Rapid Transit line through Lake Elmo. Secondly, the information gathered by the Market Study would be incorporated into out Comp Plan which we need to do anyway. It is the feeling from staff that the comp plan would be studying and guiding the area south of 10th also, so there is no point in doing this study twice. Contributing to the market study would allow us to usc the data and leverage that for our own use. A meaningful contribution in this case would be between $10,000 and $30,000. SUMMARY AND ACTION REQUESTED: _Lake Elmo is at an important turning point. The City has endorsed the Locally Preferred Alternative (LPA) for the Gateway Gold Line bus rapid transit (BRT) that is expected to run from St. Paul east into Washington County. The next step for Lake Elmo is to consider the implications the BRT has for future land uses in the parts of the City that will be the most transit accessible, likely the area bounded by the city limits to the east and west, 1-94 to the south, and the proposed Fifth Street to the north. This is important because the communities along the transitway, by voting for the LPA, have indicated that they are in City Council Meeting September 1, 2015 favor of a successful transitway; but the transitway will only be successful if it is supported by surrounding land uses that will generate ridership, i.e., transit oriented development (TOD). Thus, this work will evaluate the future market demand for the kinds of TOD that might be appropriate for the study area. However, the work will not be limited to examining potential TOD only; we will also evaluate future demand for a variety of possible land uses, including those that are drawn to the area to take advantage of the access and visibility from 1-94. The intent is to develop a market -driven profile of land uses that could be accommodated in the study area to both inform the Lake Elmo community about future options for the area, and to inform the land planning charrette activity. LEGISLATIVE HISTORY: RESOLUTION NO. 2014-71 A RESOLUTION TRANSMITTING THE CITY OF LAKE ELMO'S SUPPORT OF THE LOCALLY PREFE *ED ALTERNATIVE (LPA) TO THE RCRRA, WCRRA, and METROPOLITAN COUNCIL WHEREAS, the Gateway Corridor is a proposed project that will provide for transit infrastructure improvements in the eastern portion of the Twin Cities, and; WHEREAS, the purpose of the project is to provide transit service to meet the existing and long-term regional mobility and local accessibility needs for businesses and the traveling public within the project area by providing all day bi-directional station -to -station service that compliments existing and planned express bus service in the corridor, and; WHEREAS, the Gateway Corridor is located in Ramsey and Washington Counties, Minnesota, extending approximately 12 miles, and connecting downtown Saint Paul with its East Side neighborhoods and the suburbs of Maplewood, Landfall, Oakdale, Lake Elmo, and Woodbury, and; WHEREAS, the Gateway Corridor Commission (GCC), in partnership with the Metropolitan Council and other project stakeholders, completed the Gateway Corridor Alternatives Analysis (AA) Study that in addition to the No -Build alternative recommended one bus rapid transit (BRT) and one light trail transit (LRT) alternative be advanced for further study in the federal and state environmental review process, and; WHEREAS, the Federal Transit Administration (FTA); the Washington County Regional Railroad Authority (WCRRA), serving on behalf of the GCC; and the Metropolitan Council have initiated the environmental review process for the Gateway Corridor project, with FTA designated as the lead federal agency for this project, and; WHEREAS, the Gateway Corridor project recently received the important Presidential designation as a Federal Infrastructure Permitting Dashboard Project, and; -- page 2 -- City Council Meeting September 1, 2015 WHEREAS, the Gateway Corridor project recently completed the Scoping phase of the environmental process, which resulted with the Policy Advisory Committee (PAC) and the GCC recommending further study of the No -Build alternative, four BRT alternatives operating within a dedicated Guideway (A-B-C-DI -El, A-B-C-D2-El, A-B-C-D2-E2, A-B-C-D2-E3) and a managed lane alternative in the Draft Environmental Impact Statement (EIS) at the request of the FTA and Federal Highway Administration (FHWA), and; WHEREAS, the BRT alignments that advance into the Draft EIS will be further defined and evaluated to minimize impacts to surrounding properties and the 1-94 corridor which may include operating in existing lanes with mixed traffic at pinch points where right-of-way is constrained, enhance economic development potential, and reduce capital costs while providing required operating efficiency, with attention to mobility options for environmental justice populations, and; WHEREAS, through the Scoping process, the PAC and the GCC recommended that the LRT alternative be eliminated from further study due to its higher costs while generating a similar ridership, and; WHEREAS, the identification of a Locally Preferred Alternative (LPA) is a critical first step in pursuing federal funding for the Gateway Corridor project, and; WHEREAS, the adoption of the LPA into the Metropolitan Council's Transportation Policy Plan will conclude the FTA Alternatives Analysis process, and; NVHEREAS, the LPA will be one of the Build alternatives identified and studied in the Draft EIS, and; WHEREAS, the LPA includes the definition of the Gateway Corridor mode and a conceptual alignment which can be refined through further engineering efforts, and; WHEREAS, the LPA selection process does not replace or override the requirement to fully examine alternatives and determine the adverse impacts that must be avoided or mitigated under the federal and state environmental review process, and; WHEREAS, the comments submitted by agencies, the business sector, and the public during the Scoping phase, as well as the additional comments received from adjacent communities since the Scoping phase, will be addressed accordingly through the Draft EIS process, and; WHEREAS, the PAC and GCC each passed resolutions on July 24, 2014 recommending BRT Alternative A-B-C-D2-E2 (see attached figure) as the proposed LPA for review at the August 7 PAC sponsored LPA public hearing and inclusion in the Metropolitan Council's Draft 2040 Transportation Policy Plan, and; -- page 3 -- City Council Meeting September 1, 2015 WHEREAS, the Gateway Corridor PAC/GCC held a public hearing on August 7, 2014 as part of the LPA decision making process. A total of 35 comments were received through the proposed LPA review process, and; WHEREAS, the Cities will be working collaboratively and with support from the GCC to complete a market analysis and station area plans for the areas around the BRT Guideway stations as a part of the Draft EIS process, and; NOW THEREFORE BE IT RESOLVED that the City of Lake Elmo supports the LPA recommendation of the PAC and GCC and identifies the dedicated BRT alternative generally on the Hudson Road — Hudson Boulevard alignment that crosses to the south side of 1-94 between approximately Lake Elmo Avenue and Manning Avenue is the Locally Preferred Alternative for the Gateway Corridor project (see attached figure). BE IT FURTHER RESOLVED that the City of Lake Elmo commits to undertaking and developing station area plans with the support of the GCC for the proposed BRT guideway station areas within its jurisdiction based on the results of a market analysis, community input, and Metropolitan Council guidelines and expectations for development density, level of activity, and design. BE IT FURTHER RESOLVED that through the Draft EIS process the PAC and the GCC will continue to evaluate and focus on transit service connections to the dedicated BRT system (A-B- C-D2-E2), including an efficient feeder bus network, as well as the number and location of stations throughout the Gateway Corridor to maximize service, accessibility, and surrounding economic development opportunities, while minimizing impacts. BE IT FURTHER RESOLVED that the City of Lake Elmo commits to working with the Washington County Regional Railroad Authority, on behalf of the Gateway Corridor Commission, and the Metropolitan Council to address the comments submitted by agencies, adjacent communities, the business sector, and the public during the Scoping phase, as well as additional comments received during the development of the LPA, through the Draft EIS process, and the following areas of particular importance to the City of Lake Elmo. 1. The ownership and maintenance responsibilities of Hudson Boulevard were recently turned back to the City of Lake Elmo from MnDOT. If Hudson Boulevard is expanded to accommodate a BRT guideway or additional travel lanes for the exclusive use of buses it may increase the demands on the City to properly maintain the roadway. The City of Lake Elmo requests analysis of appropriate jurisdictional control over Hudson Boulevard and robust consideration of a possible turn back to Washington County. 2. Maintaining access for current land owners along Hudson Boulevard and planning for access for future development needs to be part of a functional ingress — egress policy. The City of Lake Elmo requests the development of an access management plan for Hudson Blvd. that is supported by property owners, the City of Lake Elmo and Washington County. -- page 4 -- City Council Meeting September 1, 2015 3 The City of Lake Elmo supports an easterly station in the proximity of the NW corner of Manning Avenue and I-94 to support economic development, including job creation, tax value, and traffic efficiency associated with the creation of a business park as guided by the City's Comprehensive Plan. Incorporating a Gateway station in Lake Elmo will require station area planning resources to ensure that Lake Elmo is maximizing economic developinent potential and ridership. The City Lake Elmo requests thorough analysis of economic development potential to assist in guiding the placement of Gateway stations in the corridor segment from Keats Avenue to Manning Avenue as well as planning resources from the Gateway Corridor Commission and Washington County to assist with transit oriented development/station area planning. 4. Lake Elmo Avenue serves as an important access point to downtown Lake Elmo. Due to the proximity of the road to both the Lake and developed neighborhoods, future expansion is constrained through the downtown area and the roadway cannot functionally handle additional growth in the regional movement of traffic beyond what is currently forecasted. The City of Lake Elmo recognizes that while the Gateway Corridor project will likely not preclude an interchange in this location, it would like to take this opportunity to state to Washington County, the Minnesota Department of Transportation and the Federal Highways Administration that an interchange is NOT desired in this location. 5 Safety and security at BRT stations for transit patrons and sunpunding businesses and neighborhoods is very important to Lake Elmo. BRT Stations should be designed to be safe and secure environments that incorporate design elements to deter crime such as good lighting, visibility, security monitoring. The City of Lake Elmo requests a safety and security plan to ensure that adequate resources are provided at a regional and local level to effectively address safety and security concerns at Gateway Corridor facilities. 6. The City of Lake Elmo would also support an A-B-C-D2-E3 alignrnent and continued evaluation as part of the Draft EIS. BE IT FURTHER RESOLVED that this resolution adopted by the City of Lake Elmo be forwarded to the Metropolitan Council for their consideration. Recommended Locally Preferred Alternative — BRT Alternative A-B-C-D2-E2 (Conceptual) ADOPTED BY THE LAKE ELMO CITY COUNCILON THE SIXTEENTH DAY OF SEPTEMBER 2014. BACKGROUND INFORMATION (SWOT): -- page 5 -- City Council Meeting September 1, 2015 Strengths Lake Elmo would be able to use the market study in our comp plan. Lake Elmo would show continued support for the Goldline and corresponding development around transit stations by contributing to this study. Weaknesses lf no contribution is made the support for the BRT line would be in question. Opportunities Market study would save money on our comp plan for that corridor Threats Un-planned/unguided development along corridor could affect the future ridership of the BRT line. RECOMMENDATION: Staff recommend that Lake Elmo contribute out of our 2016 comp -plan budget to the Market and Fiscal Impact Study. -- page 6 -- CITY OF LAKE ELMO CITY COUNCIL MINUTES JUNE 9, 2015 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: City Attorney Snyder, City Engineer Griffin, Assistant City Engineer Stempski, Finance Director Bendel, and CityCityClerk Bell, PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Staff requested item 7 be postponed and Tony Manzara presentation removed at his request for additional time to prepare information. Item 5 was moved to the regular agenda by Mayor Pearson. Councilmember Bloyer moved item 19 to before item 13 and removed item 21. MOTION: Council Member Lundgren mored TO APPROVE THE JUNE 2, 2015 CITY COUNCIL AGENDA AS AMENDED. Council MemberFlifiet seconded the motion. MOTION PASSED 5-0 COUNCIL REPORTS: Mayor Pearson: No report. Council Member Lundgren: spoke to some residents about some recent issues; AEDs are in. theywill be installed in city hall and the library. Farmer's Market on Saturday from loam-lpm. Council Member Bloyer: Visited site of proposed wedding venue. Council Member Smith: No report. Council Member Fliflet: No report. PUBLIC COMMENTS/INQUIRIES Nathan Deprey, Library Director; summer reading program started day before over 50 sign-ups so far. Circulation is continuing to increase at high rate. Spoke about events coming up. Susan Dunn, spoke about Flag Day events; thanked Nathan and congratulated the library, thanked staff and Council for lowering the Metro Council numbers; spoke about the current status of politics in Lake Elmo. Hopes that the behavior improves and people start to be treated better. Barry Weeks, spoke about Wedding Barns and the traffic on 50-1, St.; complimented adniinistrator and staff. Has been very impressed with them and is sad to see them go. Concerned about taxpayers getting their monies worth regarding staffing. Wants to see City Hall better staffed and people to stop leaving. Wants tax dollars to be spent on services instead of streetscaping. Dick Wier, 3635 Laverne spoke about his concern for downtown assessments. Spoke about his frustration when the meetings are moved. Does not want the meetings moved when Council Members are on vacation. He questioned the changing the timing of Council pay. Questioned the need for another review of the City Administrator. Brian Butler 3316 Laverne spoke about the cost of the assessments for the downtown projects. PROCLAMATION Mayor Pearson read the Huff n' Puff Days proclamation. Jaycees President Mike Slobodnik thanked the Council for the time and support. LAKE ELMO CITY COUNCIL MINUTES JUNE 9, 2015 FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept Assessors Report dated April 30, 2015 4. Approve Tax Abatement Payment for Valley Cartage 5. Approv-d of Fund Transfers for 2014; Resolution Ne. 201-5-48 MOTION: Council Member Bloyer moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Smith seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 6. 39th Street N: Street & Sanitary Sewer Improvements - Pay Request No. 5. 7. Pumphouse No. 1 Improvements Pay Request No. E (FINAL). Ns/pond 8. Section 34 Pressure Reduction Valve Station Pay Request No. 2 9. Encroachment Agreement - 12409 Marquess Way N 10. Approve Temporary Liquor License for Jaycees - Huff `n Puff Days MOTION: No formal motion for approval made. Mayor called for "all those in favor." MOTION PASSED 5-0. REGULAR AGENDA ITEM 5: APPROVAL OF FUND TRANSFERS FOR 2014; RESOLUTION NO. 2015-48 The Village Fund transfer was clarified. Finance Director Bendel explained it was an internal loan and the last payment is scheduled for 2015. MOTION: Mayor Pearon moved TO APPROVE RESOLUTION NO. 2015-48, AUTHORIZING THE BALANCE TRANSFERS BETWEEN FUNDS AS PROPOSED AND BUDGETED FOR 2014. Council Aremberbindgren seconded the motion. MOTION PASSED 5-0. ITEM 11: 2015 CAPITAL IMPROVEMENT FINANCING PLAN; APPROVAL OF THE ISSUANCE OF G.O. BONDS SERIES 2015A; RESOLUTION NO. 2015-49 Finance Director Bendel stated that the City needs to bond approximately $2.8M for capital improvements. Tammy Omdahl from Northland Securities presented the bond sale plan, noting that a 2.3% interest rate with July 7a, sale date is expected. MOTION: Council A !ember Bloyer mond TO APPROVE RESOLUTION NO. 2015-49 AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, SERIES 2015A IN THE AMOUNT OF $2,815,000. Council Afember Lundgren seconded the motion. MOTION PASSED 5-0. ITEM 12: COOPERATIVE AGREEMENT WITH WASHINGTON COUNTY FOR DOWNTOWN STREET AND UTILITY PROTECT CityAdtninistrator Zuleger presented the proposed cooperative agreement and the payment schedule. The timing of the bonding was explained, and the timing of future bonding would be adjusted for the project schedule. It was asked how the initial idea of the 5-year funding plan came about and why it was no longer and option. Frank Ticknor from Washington County explained that the County's capital limitations played a part. Mr. Zuleger explained that the 5 year plan looked too much like a loan to the County Attorney's office. It was explained that had the project not been moved up in the County's schedule, the 5 year finance plan would still not be an option. MOTION: Council Member &ger moved TO APPROVE THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY. Council Member Smith seonded the motion. MOTION PASSED 5-0. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES JUNE 9, 2015 ITEM 19: DISCUSSION OF THE SALE OF THE CITY'S PROPERTIES IN THE DOWNTOWN AREA Councilmember Bloyer presented the background of the proposal. Finance Director Bendel presented the detailed list of properties that are municipally owned. A workshop to further discuss was proposed. ITEM 13: DOWNTOWN STREET. DRAINAGE AND UTILITY IMPROVEMENTS — IMPROVEMENT HEARING; ORDER IMPROVEMENTS: CONSENT TO AWARD CONTRACT; RESOLUTION NO. 2015-50 City Engineer Griffin presented the overview and scope of the improvement project Phase I. He provided a status update on the project schedule. The assessment methodology was explained. The received bids and the impact on the assessments were explained. Street, drainage, and street/landscape improvements are $9,200 per unit post -bid. The 2016 improvements were also noted. The regional stormwater costs were presented. The stormwater financing with 20 year bonding was discussed. MOTION: Council Member Smith moped TO OPEN PUBLIC HEARING. Mayor Pearson iemnded the motion. MOTION PASSED 5-0. Public hearing opened at 8:52pm Stewart Johnson 3603 Lake Elmo Avenue asked about doing 20 yr bonds for all assessments. Omdahl explained that it can be done and that some cities do it. The city can also do 20 year assessments and 10 year bonding. It can affect the bond rating. Jerry Kromschroeder, business owner, stated that it is very difficult for a small business to generate enough additional income to pay large assessments. Molly Brendmoen, 3631 Laverne Avenue, asked that the council include the residents in discussing. Barry Weeks spoke about his personal sewer connection costs and other additional costs. MOTION: Council Member .S-mith moped TO CLOSE PUBLIC HEARING. .11,!yor Pearon feconded the motion. MOTION PASSED 5-0. Public hearing closed at 8:56pm. Councilmember Fliflet requested clarification on elements and amenities included in Phase I. Engineer Griffin explained that the final assessment hearing will be held in 2016. MOTION: Council Member Lunt/gen moved TO ADOPT RESOLUTION NO. 2015-50, ORDERING THE IMPROVEMENT FOR THE OLD VILLAGE PHASE I STREET AND UTILITY IMPROVEMENTS AND PROVIDING MUNICIPAL CONCURRENCE FOR WASHINGTON COUNTY TO AWARD A CONTRACT. Council Member Smith semded the motion. MOTION PASSED 5-0. Council discussed elements that are additional aesthetic features such as landscaping and could be removed from the final project. Meeting recessed at 9:16pm. Reconvened at 9:25pm. ITEM 14: MN -DEED GRANT PROGRAM — RESOLUTION ACCEPTING THE DEED INWOOD WATER SYSTEM GRANT: RESOLUTION NO. 2015-51 MOTION: Council Alember I-7411a moped TO APPROVE RESOLUTION NO. 2015-51 ACCEPTING THE INWOOD AVENUE WATER SYSTEM INFRASTRUCTURE GRANT FROM THE Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES JUNE 9, 2015 STATE OF MINNESOTA CAPITAL INVESTMENT APPROPRIATIONS. Coundl Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 15: WATER TOWER #4 -APPROVE LAND PURCHASE AGREEMENT City Administrator Zuleger and City Engineer Griffin explained the proposal and background. Griffin reviewed the agreement that has been reached with the landowner for purchase of land and easements. Griffin also explained how the site was chosen and outlined the benefits of the location. MOTION: Council Ilember Lundgen moved TO APPROVE THE WATER TOWER NO. 4 LAND PURCHASE AGREEMENT WITH 77 I LAND HOLDINGS, LLC. McgorPeanon seconded the motion. Council Member Smith stated that she is not in favor of locating the water tower in the selected location due to the residential MOTION PASSED 4-1 (SMITH — NAY). ITEM 16: EAST VILLAGE TRUNK SEWER AGREEMENT: RESOLUTION NO. 2015-52 Griffin explained that the proposed agreement separates the water and sewer improvements from the development agreement to allow infrastructure work to commence prior to the residential development. MOTION: Counii/ Member Bloyer moved TO ADOPT RESOLUTION NO. 2015-52 APPROVING THE DEVELOPER'S AGREEMENT FOR THE EASTERN VILLAGE TRUNK SEWER PROJECT. Como/ Member Lundgren seconded the motion. MOTION PASSED 5-0. ITEM 17: AMENDMENT OF EASTON VILLAGE DEVELOPMENT AGREEMENT Griffin explained that the proposed agreement represents the remainder of the agreement after the water and sewer portion was removed. MOTION: Coun,il Member Wore,- moved TO AMEND THE DEVELOPER'S AGREEMENT FOR EASTON VILLAGE AS DRAFTED AND DOCUMENTED IN THE ATTACHED AMENDED DEVELOPMENT AGREEMENT. Como"! Member Lundgren seconded the motion. MOTION PASSED 5-0. ITEM 18: ZONING TEXT AMENDMENT — FREEWAY SIGNS FINDINGS FOR DENIAL; RESOLUTION NO. 2015-53 City Attorney Snyder presented Findings for Denial that were prepared in response to a request for a zoning amendment to allow installation of freeway sign larger than what is allowed. MOTION: Council Member mill) moral TO ADOPT RESOLUTION NO. 2015-53, DENYING THE REQUEST TO AMEND THE CITY'S SIGN ORDINANCE TO ALLOW FREEWAY SIGNS ON COMMERCIAL PROPERTIES WITHIN CLOSE PROXIMITY TO 1-94 CORRIDOR. Council Member Landgren seconded tbe motion. Mayor Pearson explained that he would vote against the motion for the reasons he stated during the previous meeting. The Planning Commission unanimously recommended approval and the applicant is aware of the BRT potential in the future. MOTION PASSED 3-2 (Pearson, Bloyer - NAY) ITEM 20: PLACEMENT OF CITY COUNCIL REPORTS Gouncilmember Lundgren gave her rationale for suggesting the council reports being at the end. She believes it will reduce grandstanding. It was noted that the reports have been in the back at times. Gouncilmember Fliflet also thinks it will improve council working together. Councilmember Bloyer concerned about having his issues ignored or removed from the agenda. Mayor Pearson is also concemed about preventing council members from voicing concerns. Lundgren asked for commitment to abide by council decorum rules, then the reports can be at the end. Pane 4 of 6 LAKE ELMO CITY COUNCIL MINUTES JUNE 9, 2015 MOTION: Council Member ,ed TO USE COUNCIL REPORTS FOR ACTIVITIES AND THANKS AND ITEMS OF THAT NATURE Council Member Smith seconded the motion. MOTION PASSED 5-0 ITEM 21: AUTHORI7E INDEPENDENT COUNSEL TO INVESTIGATE CLAIMS OF Item removed from agenda. ITEM 22: COUNCIL MEETING DECORUM Councilmember Fliflet asked the council for input on proposed decorum policy as a result of discussions at the Council driven workshop. Council provided input and Councilmember Fliflet indicated she would continue to work on a decorum policy for future Council review. ITEM 23: DISCUSSION OF CITY CLERK REPLACEMENT POSITION Councilmember Lundgren requested an update on the status of the City Clerk replacement. Administrator Zuleger reported that the position has been posted and applications have been received. ITEM 24: DISCUSS SEPARATION AGREEMENT FOR CITY ADMINISTRATOR Attorney Snyder presented the proposed separation agreement. Administrator Zuleger thanked the members of the community for their support. Pam Hartley, 10010 Tapestry Road, asked that council set joint parks/council workshop date. Thanked staff for their work, especially Mr. Zuleger and his leadership. He has displayed invaluable commitment. Concerned about staff departures. Suggested that the Council stay out of staffing decisions and leave it to the Administrator. MOTION: Counci/ Member Bloyer moved TO DIRECT CITY ATTORNEY SNYDER TO EXECUTE THE SEPARATION AGREEMENT AND AUTHORIZE THE ATTORNEY TO MAKE NON SUBSTANTIVE MODIFICATIONS. Mayor Pearron seconded the motion. Fliflet suggested that Zuleger has been seeking other employment since prior to the election. Attomey Snyder cautioned the Council against discussing employee matters in an open meeting. Recessed 10:15pm. Reconvened at 10:20pm City Attorney Snyder reported on the length of time covered in the proposed Separation Agreement and stated that it provides the City some continuity during the transition. Councilmember Fliflet stated opposition to the terms of the agreement. MOTION: Counci'lmember Lundgren moved TO RECESS TO EXECUTIVE SESSION. Councilmember tIifZei feconded the motion. MOTION PASSED 4 — 1. (Pearson — NAY) Council adjourned to executive session at 10:33pm pursuant to MN Stat. § 13D.05(3)(b) to discuss employment matters. Fliflet/smith 5-0 Return to open session at 11:00pm City Attorney Snyder summarized the closed session discussions, noting that the Agreement provides continuity for the city and continuation of salary to the Administrator following notice period for 6 months. Snyder also thanked the Council for their input. MOTION PASSED 5-0 STAFF REPORTS & ANNOUNCEMENTS: No reports due to the length of the meeting. Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES JUNE 9, 2015 Mayor Pearson Adjourned the meeting at 11:03 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 6 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 2015 A. CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Community Development Director Klatt, Building Inspector Chase, Fire Chief Malmquist, Planner Gozola and City Clerk Johnson. B. PLEDGE OF ALLIGENCE C. APPROVAL OF AGENDA Councilmember Bloyer moved items 10 and 1 1 from the Consent Agenda to the Regular Agenda, item 17 from the Regular Agenda to the Consent Agenda, and postponed items 19, 20, 21 and 22 to another meeting. Mayor Pearson moved item 8 from the Consent Agenda to the Regular Agenda. Councilmember Smith moved item 7 from the Consent Agenda to the Regular Agenda. Councilmember Fliflet tabled item 1 a. Councilmember Lundgren moved TO APPROVE THE AGENDA AS AMENDED. Mayor Pearson seconded the motion. MOTION PASSED 5 — O. D. ACCEPT MINUTES Minutes of the August 4, 2015 Regular Meeting and August 1 1, 2015 Special Meeting were accepted as presented. COUNCIL REPORTS Nlayor Pearson: Attended Parks and Planning Commission meetings, met with County on the Manning Avenue realignment project, scheduled a meeting with the school district to discuss the request for a stoplight, met with MAC to discuss proposed safety improvements, met with a landowner for an easement allowance, attended Gateway Corridor meeting. Gateway Corridor public hearings are scheduled, one in Woodbury and one in Lake Elmo. Asked residents to keep downtown merchants in mind and asked for patience during construction. Councilmember Fliflet: Attended Library Board meeting, met with Commissioner Kriesel concerning Tartan Park, thanked Administrator Schroeder for his assistance with the Library alley issue, attended Special Olympics Equestrian event. Councilmember Smith: Encouraged residents to attend the Lake Elmo Farmer's Market and commended vendors. Reviewed documents related to the Library alley issue provided by the Administrator and attended meeting to discuss the project, met with a possible senior housing developer. Councilmember Lundgren: attended Huff n' Puff Days, working on a dog park and may have donors willing to help with the amenities, happy to see everyone using the new water cooler versus plastic bottles, spoke with residents about Tartan Park. Also announced Lake Elmo is one of four cities in the state to receive a Bee Friendly City award September 5'1' at Lift Bridge Brewery in Stillwater. LAKE ELMO CITY COUNCIL MINUTES August 18, 2015 Councilmember Bloyer: Commended Council and former Communications Coordinator MacLeod for their work toward earning the Bee Friendly award for the City. Attended Huff n' Puff Days, spoke with people downtown about the construction, attended fire department pancake breakfast during Huff n' Puff, thanked fire department for their help at Tri Lakes Days, noting that there were many children at the event who enjoyed the fire department involvement, attended Washington County Highway 5 realignment meeting. Requested an update from Councilmember Lundgren on past events at the Farmer's Market. Contacted City of Stillwater and City of Oakdale clerks to inquire about their policy toward recording meetings. Discussion held concerning the purpose of the Council Reports and the nature of what can be presented during the reports. PUBLIC COMMENTS/INQUIRIES None PRESENTATIONS None FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept Assessor Report dated July 30, 2015 4. Approve Purchase of Warning Sirens 5. Approve Purchase of Parks Equipment Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. OTHER CONSENT AGENDA 6. Approve Master Subscriber Agreement for MN Court Data Services 9. Approve Appointment of New Maintenance Advisory Committee Members 12. Approve Proposal for 2016 Street Improvements Geotechnical Services 13. Accept Building Report 17. 2016 Volksmarch Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGEND,4 AS PRESENTED. MOTION PASSED 5-0. ITEM 7: APPROVE 5" STREET LANDSCAPE AND LIGHTING DESIGN Councilmember Smith stated that she pulled this item from the Consent Agenda to be sure the correct plant container sizes, four inch caliper trees, and the correct lighting poles are included in the design guidelines. City Engineer Griffin pointed out the location of those items in the document. Councihnember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE LANDSCAPE AND LIGHTING DESIGN DETAILS TO BE INCORPORATED INTO THE 5TH STREET DESIGN STANDARDS TO INFORM THE DESIGN AND CONSTRUCTION FOR ALL PORTIONS OF THE 5TH STREET NORTH MSA COLLECTOR STREET FROM INJVOOD AVENUE TO MANNING A VENUE. MOTION PASSED 5 — O. Pace 2 of 6 LAKE ELMO CITY COUNCIL MINUTES August 18, 2015 ITEM 8: APPROVE RESOLUTION CONCERNING TARTAN PARK — Resolution 2015- 63 Mayor Pearson stated that point D should be removed, as there is not a need to appoint two Councilmembers as liaisons. Mayor Pearson, seconded by Councilmember Smith, moved TO ADOPT RESOLUTION 2015- 63 CONCERNING TARTAN PARK, WITH THE OMISSION OF POINT D. MOTION PASSED 5 — O. ITEM 10: APPROVE LIBRARY BOARD REQUEST FOR ALTERATIONS TO THE LIBRARY BUILDING Councilmember Bloyer asked how many bids were received for the proposed project. Councilmember Fliflet stated that the Purchasing Policy only requires one bid when the cost is under $25,000. Concern was raised over a potential conflict of interest the City may have with the contractor. Administrator Schroeder and City Attorney Snyder were asked to follow up on the potential conflict issue. Councilmember Smith, seconded by Mayor Pearson, moved TOAPPROVE THE LIBRARY BOARD REQUEST FOR ALTERATIONS TO THE LIBRARY BUILDING, SUBJECT TO DISCUSSION WITH STAFF CONCERNING A POTENTIAL CONFLICT OF INTEREST. MOTION PASSED 5 — O. ITEM 11: RECEIVE LIBRARY BOARD MEMO REGARDING ALLEY CONCERN Councilmember Bloyer requested further information on the alley concern and the proposal from the library to resolve the issue. Interim Administrator Schroeder reviewed the street and sewer project as it relates to the alley behind the library, noting that safety is the main concern. Engineer Griffin reported that his firm is looking at options to continue the alley use and provide safe access for library patrons. Griffin stated they are exploring options and will bring proposals to the City Council for approval if the construction plans are changed to address the library's concerns. Discussion held; Mayor Pearson stated that there is a cost to reworking plans and the Council should have been involved prior to the Library Board discussing changes with Washington County. Pearson also stated that the city staff should be the advocate for resolving the issue. Councilmember Bloyer expressed concern over costly changes to stonnwater systems and other elements of the project, and would like city staff to take the lead on addressing the library's concerns. Councihnember Fliflet, seconded by Councilmember Smith, MOVED TO ACCEPT THE MEMO FROM THE LIBRARY BOARD REGARDING ALLEY CONCERN. Mayor Pearson offered a friendly amendment to the motion to add that the City will take the lead on addressing the alley concern. Amendment failed. Mayor Pearson and Councilmember Bloyer restated their positions that city staff and the City Council should advocate for the City and the library in resolving this issue. MOTION PASSED 3 — 2. (Pearson/Bloyer — Nay) Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES August 18, 2015 ITEM 14: AUTO OWNERS INSURANCE City Planner Gozola presented the proposal from Auto Owners Insurance for construction of an office building on a vacant site in the Eagle Creek Business Park. Gozola reviewed the site plan, building elevations, and noted areas reserved for future expansion. Planning Commission recommended additional roof articulation and the applicant has agreed to the change. With that, the Planning Commission voted unanimously to approve the project. Dan Keefe, Real Estate Development and Acquisition Manager for Auto Owners Insurance spoke on behalf of the applicant, thanking city staff for their work to bring the application to the Council. Mr. Keefe reviewed the company's business and the planned use of the building. Councilniember Bloyer, seconded by Councilmember Smith, moved TO ADOPT RESOLUTION 2015-65 APPROVING THE PRELIMINARY AND FINAL PUD PLANS FOR THE AUTO OWNERS INSU.RANCE BUILDING. MOTION PASSED 5 — O. ITEM 15: ZONING TEXT AMENDMENT — SUBDIVISION IDENTIFICATION SIGNS — ORDINANCE 08-124 Community Development Director Klatt reported on Planning Commission discussion and recommendations for the proposed ordinance, noting that there were concerns that monuments built around the signs could get too large. Discussion held concerning the difference between monument and subdivision signs, how signs would be measured, and number of signs allowed. Klatt noted that the sign ordinance defines how signs are measured. Councilmember Fliflet stated she is not in favor of submonument signs. Mayor Pearson stated concern over limiting signs with some neighborhoods having multiple entrances. Councilmember Smith added that a 10 foot setback should be included, and signs limited to 24 square feet with two allowed. Councilmember Smith, seconded by Councilmember Fliflet, moved TO ADOPT ORDINANCE 08-124 WITH A CHANGE IN THE MAXIMUM SIZE TO 24 FEET, REMOVING LANGUAGE IN Civ. AND REPLACING IT WITH LANGUAGE REQUIRING A 10 FOOT SETBACK FROM THE STREET. Councilmember Bloyer presented measurements for subdivision signs currently in place in the City and noted that they are not compliant with the proposed ordinance. Bloyer stated that the Council is making decisions arbitrarily. MOTION PASSED 3 — 2. (Pearson/Bloyer — Nay) ITEM 16: BUILDING INSPECTOR POSITION Community Development Director Klatt reviewed the request to authorize the hiring of a full time building inspector and stated that the position has been included in the budget for 2015 and proposed for 2016. Building Inspector Chase reviewed data for building pen -nits issued in 2014, year to date 2015 and projections for 2016. Chase also reported on current timelines for plan reviews and issuing permits. Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES August 18, 2015 Councilmember Fliflet noted that the Finance Committee discussed using a contract inspector in place of adding an additional full time inspector. Councilmember Bloyer stated that contract inspectors are difficult to find and won't be able to perform the same tasks as a full time staff inspector who is more familiar with city nuances. Counci/member Fliflet, seconded by councilmember smith, moved TO AUTHORIZE THE CITY ADMINISTRATOR TO ADVERTISE, RECRUIT, INTERVIEW AND PRESENT FOR EMPLOYMENT AN ADDITIONAL CONTRACT BUILDING INSPECTOR. Mayor Pearson stated that the guideline set for hiring an additional inspector has been met and the revenue will be there to support the cost. Pearson stressed that the building department provides an important service to residents. MOTION PASSED 3 — 2. (Pearson/Bloyer — Nay) ITEM 18: DOG PARK Councilmember Lundgren presented her proposal for a dog park on city property adjacent to the west side of Sunfish Lake Park. The proposal was presented to the Parks Commission at the August 17, 2015 meeting with Commissioners in favor of the project. Councilmember Lundgren stated that she will continue to work with the Parks Commission to finalize plans for a dog park. ITEM 23: PROJECTED CITY GROWTH ANALYSIS Community Development Director Klatt presented maps he prepared and reviewed the data on potential future development. Finance Director Bendel reviewed data comparing projected resident numbers to Met Council target numbers. Discussion was held concerning people per household calculations and future development potential. ITEM 24: OLD VILLAGE WORK GROUP MEMBERSHIP Mayor Pearson encouraged the City Council to consider including others requesting membership in the Old Village Work Group. Discussion was held concerning the current group and the possibility of adding additional members. Councilmember Bloyer, seconded by Mayor Pearson, moved THAT THE OLD VILLAGE 1VORK GROUP BE REOUIRED TO HAVE THREE CITIZENS SERVING WHO RESIDE IN THE OLD VILLAGE Councilmember Fliflet stated she prefers and environment where everyone is welcome versus choosing three new members to join the group. Councilmember Bloyer stated there are no members of the group who reside in the Old Village. MOTION FAILED 2 -3. (Fliflet, Smith, Lundgren — Nay) STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Met with Washington County staff and Trust for Public Lands to discuss Tartan Park, attended Gateway Corridor meeting in Woodbury, City Planner position has been posted, attended County realignment meeting and Library Board meeting. Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES August 18, 2015 City Clerk Johnson: Working on follow up from the Parks Commission meeting with several items for City Council consideration. Finance Director Bendel: Attended the Finance Committee August 12meeting on the preliminary 2016 Budget and taking care of follow up; September 9th will be the next Finance Committee meeting, working with Northland as part of bonding support and working on options for downtown project financing, mentioned the Rotary Gold Plate Dinner is September 17th and that part of the proceeds are to fund some of the downtown amenities. City Attorney Snyder: no report. Community Development Director Klatt: Holding a public hearing at the next Planning Commission meeting for the ISD 916 project and preparing two final plats for that meeting as well. Continuing to work on Wildflower, Village Preserve and Easton Village as those projects move toward construction. Thanked Administrator Schroeder for assisting with the job posting for the City Planner position. City Engineer Griffin: Provided a written report prior to the meeting for Council review. Heading into a very busy fall for construction and working on plan reviews for upcoming projects. Attended a meeting with the County on the Ideal Ave. corridor project. Meeting adjourned at 10:54 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 6 of 6 LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AY0 COU CILCO U 'CATION DATE: September 1, 2015 CONSENT ITEM #2 MOTION Approve Disbursements in the amount of $130,373.59 Patty Baker, Accountant Cathy Bendel, Finance Director Cathy Bendel, Finance Director SUCK;ESTED 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 RECO ENDER: Finance FISCAL IMPACT: $130,373.59 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $130,373.59. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page City Council Meeting [Consent Agenda Item _ September 1, 2015 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 12,360.53 Payroll Taxes to IRS & MN Dept of Revenue 8/20/15 ACH $ 5,367.15 Payroll Retirement to PERA 8/20/15 DD6538-DD6592 $ 34,120.28 Payroll Dated (Direct Deposits) 8/20/15 43250-43303 $ 78,465.63 Accounts Payable 9/01/15 2745 60.00 Library Card Reimbursement 9/01/15 TOTAL . 1311,373.59 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $130,373.59. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable To Be Paid Proof List User: Patty13 Printed: 08/2612015 - 12:32 I'M Batch: 010-08-2015 lit‘oiee Inv Date Amount Quantity Pin( Date Description Reference Task Type PO # Close POLine # ADVGR Advanced Graphix, Inc. 192577 07./0912015 155.00 0,00 0Q/0172015 Graphics - New Tahoe No 0000 4 I 0-480-8000-45500 Vehicles 192577 Total: 155.00 192655 07/17/2015 45.00 0,00 09/01/20 I 5 Graphics - front bumper No 0000 410-480-8000-45500 Vehicles 192655 Total: 45,00 ADVGR Total: 200,00 Allgentlo Angell Power Services 9345 08/13/2015 140.50 0.0(1 09/01/2015 Repair 2 fixtures - Station 1 No 0000 101-420-2220-44010 Repairs/Mang Bldg 9345 Total: I 40,50 AllgenPo Total: 140.50 A)'vIAZONIN Amazon Inc 07/10/2)115 1,317.37 0,00 09701/2015 Adult. (cell & kids hooks dvds 0000 206-450-5300-42500 Library Collection Maintenance 07/10/2015 649.69 0.00 09/01/20 15 Operating supplies No 0000 206-450-5300-42000 Office Supplies 07/1 0/20 5 -67.46 0.00 09/01/2015 Credits No 0000 206-450-5300-42500 Library Collection Maintenance Total: 1,899.60 AMAZON IN Total: 1.899,60 AM ERWA rE Works Association American Water 700111638W 07/77/2015 601-494-9400-44300 Nlisecllaileous 7001063860 Total: AMERWATE Total: 78.00 78,00 78.00 0,00 09/01;2015 Membership Renewal - Bouthilet No 0000 Al' - To 13e I'aid Proof List 108/26;15 - 12:32 VIVI 1 Page 1 Invoice # Inv Date ASP EN MI Aspen kids, Inc. 169013 08i17/2015 101-420-2220-44170 Uniforms 169013 Total: ASPENIM1 Total: BIFFS Bill's Inc. W571052-571061 08/19/2015 101-450-5200-44120 Rentals - Buildings W571052-571061 Total: BIFFS Total: Quanlity hot Dale Description Reference Task Type PO tt Close POLine 124.8.0 0.00 09/01/2015 UnilOons - llilpiscli 124.80 124,80 840.011 0.00 09i01/2015 Portable R.estroonis - Parks 846.00 846.00 UOLTONME Bolton & ftlenk, Inc 181091 08113/2015 57,50 0,00 09/01/2(115 Constiuction Admin 002-495-9450-43030 Engineering Services 181091 08/13K2015 2,781,50 0.00 09101/2015 Construction Observation 002-495-9450-43(130 Engineering Services 1 81091 Total: 2.839,00 BOLTONIVIE Total: 2,839,00 No 0000 No MOO No 110(111 No 0000 CARDMEMB Cardmember Service (18r)0/2015 64.26 0,00 09/01/2015 Printer ink No 0000 101-430-3100-42000 Office Supplies 08)2012015 115,99 0.00 09/01/2015 Steel toed boot - Mike B No 0000 101-430-3100-44170 Uniforms 08120/2015 400.00 0,00 09/01/2015 Swings- Sanctuary No IRMO 404-480-8000-45300 Improveincnt,s Other Than Bldgs 0800/20 I 5 42.84 0.00 09/0112015 Holiday No 0000 101-420-222(1-44300 Nliscellaneous 08/20/2015 574.79 0.00 09/01/2015 Tools Ow new ladder No 0000 410-480-8000-45500 Vehicles 08000015 499,97 0.00 09101/2015 Frdige for Station 1 No 0000 101-420-2220-44010 Repairs/Main( Bldg 08/20/2015 671,40 0,00 09/0112015 Storage bins for netv ladder No 0000 410-480-8000-45500 Vehicles 08120/7015 84.50 0.00 09/01/2015 Pioneer Press subscription No 00(10 101-410-1320-44330 Dues & Subscriptions 08/20/2015 88,36 0.00 09101/20 l 5 fuel No (100) 101-420-24(1(1-42120 Fuel, Oil and Fluids 08120/7015 292.4(1 (IMO 09/01/2(115 Hearing notice No 0000 101-410-1320-43510 Legal Publishing Total: 2.834.51 AP - Be Paid Proof Lis( (08120/15 - 12:32 OM 1 Page 2 Invoice ti Inv Date Amount Quantity Pm( Date Description Reference Ivpc PO it Close POI ,ine tt CARDIklEMB Total: 2,334.5 I CARQUEST Car Quest Auto Parts 2055-357389 08125/2015 7.01 (WO 09/01/2015 Hasher - Ford 101-430-310-42210 Equipment Parts 2055-357389 Total: 7.01 71155-357397 08/25/2015 82.79 0.00 09/01/2015 Manifold Sei 101-430-3100-42400 Small Tools & Minor Equipment 2055-357392 Tail: 82.79 CARQUEST Total: 39.80 CENCOL LE Century College 537777 08121/2015 825.00 0.00 09/01/2015 1/4 yearly CFO training 101 -420-2220-44370 Conferences & Training 587777 Total: 825.1.10 CENCOLLE fool: 825.00 COMPASS Compass Minerals 71367273 08/13/2015 11,646.44 0.00 09/01/2015 Road Salt 101-430-3125-42290 Sand/Salt 71367273 Total: 11,646.44 71367711 08/14/2015 10,268.67 0.00 09/01/2015 Road Salt 101-430-3125-42290 Sand/Salt 71367711 Total: 10,268.67 COMPASS Total: 21,915.11 C1.1Sfl Cushman Motor Co., Inc. C11651 08,03171115 23.75 0,00 119.'01/2015 Thermostat 101-450-5200-42210 Equipment Pal ts C0651 /3,75 CUSH Total: 23.75 DEM CO Dente() 5121415 07.'2912015 36:31 0.00 09/01/2015 Glossy- labels 206-450-5300-420011 Office Supplies 5121415 Total: 36.31 DEN1C0 Total: 36.31 Al' - To Be Paid Proof Liq 1(18,26:15 - 2:32 PNI) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 0000 Page 3 Invoice # Inv Dale Anninut Qnanfily l'Int Dale liescrinlion Reference Task Type PO # Close FMFRGi\W Emergency Anion totive Tech. Inc 12389 08/1312015 410-48(1-8000-45500 Vehicles 12389 'Iola!: DJS82015-4 08/18/2015 101-430-3100-42400 Small Tools & Minor Equipment DJS$2015-4 Total: ENIEIZGAUT 6,210.96 0.00 09/01/2015 Tahoe - lights, sirens No 0000 6,2 10.96 85.00 0.0(1 09/01/21115 LED workliglit No 0000 85.00 6,295.96 EM ERG RES Emergency Response Solutions 4608 08/17/2015 I 5),99 (40(1 O9/01/2015 PPE washing laundry soap, 101-420-2220-44(140 Repairs/Mahn Eqpt 4608 Total: 152.99 FM ERGRES Total: 152.99 FASTENAL Fastenal Company MNOAK 10909 08/0512015 10 I -430-3100-42150 Shop Materials 1MNOAK 10909 Total'. FASTENAL Total; FERGUSON Ferguson Waterworks, Inc 2516 143553-2 08/18/2015 601-494-9400-42300 Water Meters & Supplies 143553-2 Total: FERGUSON Total: RECATT Fire CATT, L LC MN-4781 07/31(2015 101-420-2220-44040 Repairs/Maint Eqpt MN-478I Total: FIR ECNIT Total; (iKSERVIC G&K Services 1182257038 08/19/2015 11)1-430-31(1(1-44170 Uniforms 1182257038 Total: GKSER VIC Total: 7,68 0.00 09/01/2015 Shop supplies 7.68 7.68 1,566.00 0.00 0910112015 Water meters 1,566.00 1.566.00 1,928.50 0.00 09()1/2015 Annual Hose testing 1,928.50 1,928.50 36.84 0.00 09/01(2015 Uniforms 36.84 36,84 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List 018(26/15 - 12:32 91\11 Page 4 invoice ti Inv I)ate Amount Quaiilitv Plitt Date Description Reference Task Type PO Close l'OLine fi GREATAN1 Great America Financial 17-125325 081 7/2015 101-410-1940-44040 Repairs/Nil aint Contractual Eqpt I 7425325 Total: GO EATAM Total: 396:49 396.49 396.49 0.00 09/(11/2015 Copier maintenance No 0000 I I DS UPPLY I ID Supply Waterworks, Ltd. E377047 081 9/21115 775.13 (1.011 09/01/2015 Water meters No 0000 601-494-940042300 Waler Meters & Supplies 775.13 E377047 Total: [77032 08/19/2015 1.534,72 0.00 09/01/2015 Water meters No 0000 60 I-494_9400,123m Water Meters & Supplies F..77032 Total: I .534.72 FIDSTIPPLY Total: 2.309.85 HOLIDAY(' Holiday Credit Olfice 08/15/2015 182.81 0.00 09/01/2015 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids '1 otal: 182.81 HOLIDAY(' Total: 182.81 1NNOVAT Innovative Office Solutions 1N0871984 08/17/7015 (0,08 0,00 09101/2015 Name Plate 101-410-1320-42000 Office Supplies I NOS71984 Total: 10.08 IN0884587 08/2412015 32.00 0.00 09/0112015 Business Cards - Schroeder 101-4 I II-1320-42000 0llice Supplies !M./884587 Total: pm() IN0884588 (18124/2015 79.40 (1.01) 09/01/2015 Notebooks 101-410-1320-42(100 011ice Supplies IN0884588 Total: 29.4(1 INNOVNI Total: 77.48 kathfuel Kath Fuel Oil Service Co 522911 08/10/2015 101-430-3100-42120 Fuel, Oil and Fluids 522911 'Fond: 522917 08/1(h2015 101-430-3100-42120 Fuel. Oil and Fluids 522912 Total: 5)1)930 08:1012015 1(11-430-3100-42120 Fuel, Oil and Fluids 1.049.64 0.00 09/01/2015 Fuel 1,049,64 704.32 0.00 0910112015 Fuel 704.32 448.45 0,00 09/01/2015 Fuel No 0000 No 0000 No 0000 No 0000 No 001-10 No 0000 AP - To Be Paid Proof List (08/26/15 - (2:32 P111) Page 5 Invoice # Inv Date Amount Quantily L'int Date Description Reference 522930 Total: 524085 08/342015 1(11-430-3100-42120 Fuel, Oil and Fluids 524085 Total: katlifuel 'rota!: Task Type PO # Close ['Mine # 448.45 964.50 0,00 09/01/2015 Fuel No 0000 964.50 3,166,91 K INGK King Kassidy Cable 08 1 9/2015 55,00 0,00 0901/2015 CCM 8/18115 - No 0000 101-410-1450-43620 Cable Operations Cable 118/1913015 25,01) 0,00 09/0172015 CCN1 8/18/15 - Bonus No 0000 101-410-1450-43620 Cable Operations ('able Total'. 80.00 K I NGK Total: 80.00 KRSCORP KRS Corporation 15804 08,1 3/3015 94,031 0.00 09/01/2015 Equipment stickers for ladder No (MOO 101-420-3320-42400 Small 'Fools & Equipment 15804 Total: 94,00 KRSCORP Total: 94.00 Landseap Landscape Architecture, Inc 5111 Street 08i 13;2015 101-410-1910-43150 Contract Services 5th Street Total: Landscap Total: 1,560.00 0,00 09/01;2015 Design services No 0000 1,560.00 1,560.00 Library! Library Ideas 47220 07/3112015 9,00 (1,)0 09401121115 Freading as you go No 0000 206-450-53)10-42500 Library Collection Maintenance 47220 Total: 9,00 Libraryl Total: 9,00 LTG PWR Power Equipment 193693 08/13/2015 101-450-5200-44040 Repairs/Mann Eqpt 193693 'Fotal: LTG PWR Total: 33.86 0.00 09/01/2015 Repair - (15-4 Master No (0)00 33.86 33.86 AP - To 13c Paid Proof' List 108;26115 - 12:32 PM Page 6 Im(Pice J il V Dale Antonin ()tiainity Pm( Dale Description Reference NIARONEYS Maroney's SanitatioiL Inc 588566 (18/10:20 15 101-41(1-1940-4384(1 Refuse 588566 08/10,/015 101 -420-2220-13840 Refuse 588566 (18110.7015 101-430-3100-4.3840 Refuse 588566 08/10:2015 101-420-2220-43840 Refuse 588506 08110I7015 206-450-5300-43840 Refuse 588560 Total,: ARONEYS Total: 111ILLEREN Miller ENcavating, 19676 07:3112015 101-430-3120-43150 Contract Services 19676 Tom!: [VI 1 LI.EREX 1\ IN DON N Department of f lealth 8/17/15 08117/2015 601-494-9400-43820 Water Ufflity 8/17/15 Total: MND01-1 Total: tvINLABOlt MN Dept of Labor A:. Industry ABR1220801 08/02/2015 60 I -494-9400-42270 1.10 lily System Mainlenalice AB RI221/801 ABIt1221201 08i02/20 I 5 101-420-2220-4401(1 IZepairsiNlaint Rldg ABR 1221201 To(al: A f3R1224041 08/0)/2015 101-430-3100-44010 Repairs/Maint Bldg ARR 1224041 Total: ABR1225241 08102/2015 101-450-5200-44010 RepairsiNlaint Bldg ABR1225241 Total: NlNLA[30R Total: 117).94 49.71 216.67 216.67 49.89 6-15.88 645.88 275,00 ?75,00 -)75.00 1,661.00 1,661,00 1.661.00 10,00 10.00 10.00 10,00 10.00 10.00 10.00 10,00 40.1)0 0.00 0901; 2(11 5 Trash Services 0,011 09/0 I/2015 1 rash Services 0,00 (19/111/2015 Trash Services 0.00 09.01/2015 Trash Services 0.00 09 0112015 Trash Services 0.00 09/01/2015 Grader services 100 09/01/2015 3rd ()wirier \\'ater supply connection fee 0,00 09r01/2015 Pressure vessel 0.00 09/01/20 15 Pressure vessel 0,00 09/0112015 Pressure vessel 0.00 09/01/2015 Pressure vessel Type 1'0 i Close 1101 inc # No NO No No No No No No No No 0000 0000 01100 (1000 00110 (.1001) AP - To Be Paid Pi 00 List 8/26/15 - 12:32 9v11 Page 7 I i jn !tat' Amount (tittillity Piiit Date Description Reference Tash: Type Pll tf (lose POI ,itic fi N 1 UM ESL BF NEW VORK TINIES 07-'261)015 200450-5300-42500 Library Collection NI aitil etiance Total: 213.6(1 N1-111\ I ES Tool; 213.60 PERFORMA PerlOrmance Plus LLC 4126 08111,2015 10 I -420-2 )20-43050 Physicals 4126 Total: 4133 08.'1112015 101-420-2220-43050 Physicals 4133 Total: P ER FORM A Total; POM PS Poinp's Tire Service, Inc, 2101876(1 08/11i2015 10 4-430-3100-44040 RepairsAlaint Eqpt 210187661 Total: )10188326 08.,14;2015 101-43(1-3 IC10-42210 Equipment Parts )1(1188326 Total: PUMPS lotah. RCM RCIVI Specialties, Inc 5072 08/10/2015 101-430-3120-42240 Street Maintenance Materials 5072 Total: 5075 118/1312015 101-430-3120-42240 Street Maintenance 'Materials 5075 Total: 5084 08113/2015 101-430-312(1-42240 Street (Maintenance Materials 5084 Total: ROI IUTHONIAS RJ Thomas Mfg Co, Inc 178189 08/07/2015 4(14-480-8000-44030 RepairsiMaint Imp Not Bldgs 178189 To(al: *1. 213.60 (1.00 09/01/2015 Subscription 475.90 0.00 09411%2015 Annual F11testing ,475.00 50.00 0,90 00,-0112015 Annual FIT testing 50.00 5)5.00 3,394 .5 2 0.00 09/0 Ii2015 Repairs 3,394.52 142,44 OM 09/01%2015 Van Parrs 142.44 3,536.96 209.00 0.00 09/01/2015 Emulsion 109.1)0 233.7 5 0 .00 09 /0 I/2015 EIMIISIon 233,75 337.75 0.00 09/0112015 Emulsion 337.75 780.50 1,204.00 0.00 09;01;2015 Pet Nvaste station I ,20-1.00 No (10011 0000 No (((9(0 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 A1' - To fie Paid Proof Lis( 9S;26,15 12:32 11M) Page 8 Invoice 11 Pm Date RJIIIONIAS Amount ()flaunty Pint Date Descriinion Reference 12 OS FN B AU Rosenhaner - General Di \ ision 17376 08/11/2015 4 I 0-480-8000-45500 Vehicles 17376 Tota : IMSENnAll SACIISJIM James Sachs 08/170015 601-494-9400-44370 Conferences & Training Total: SAC1 I Silk! Total... SAM SCIAJL3 Sain's Club 08/21/2015 101-420-2220-44300 Miscellaneous 08/31/)015 101-420-2220-44010 Repairs/ M aint Bldg Total: SAM SC1.1..J [3 Total: SPRINT Sprint 761950227-149 08/18/2015 101-410-1940-43210 Telephone 761950227-149 08/18/2015 10 I -420-2220-43210 Telephone 761950227-149 08/18/2015 101-420-2400-43210 Telephone 761950227-149 08/18/2015 101-430-3100-43210 Telephone 761950227-149 0S/18/2015 101-450-5200-43210 Telephone 761950227-149 08/182015 101-410-1450-43210 .1eleplione 761950227-149 08/18/2015 101-410-1910-43210 Telephone 761950227-149 4 utak SPRINT Total: 1,204.00 'task ype ( lose 1)( )Line ft 4.306,00 0.00 09:1)112015 ioI mannling No 00011 4,396.0(1 4.390.00 23.00 0,00 119101/2015 Operator renewal fee Nn 0000 11011 23.00 I 20,60 (((10 09;01/2015 Reliab supplies No 0000 6.58 0.00 09/01/2015 Station supplies No 0000 127.18 127.18 67.15 0.00 09/0 1/2015 Cell phone services No 0000 213,57 0.00 09/01/2015 Cell phone services No 0000 47,06 0.00 09/01/2015 Cell phone services No 00110 82.80 0.00 09;111/2015 Cell phone services No 0000 161.43 0.00 09/0 1/2015 Cell phone services No 0000 51.13 0.00 0910 /2015 Cell phone services No 0000 I 7.00 0.00 09/01/2015 Cell phone services No 0000 640.14 640. I 4 AP - lo Be Paid Proof ist (08:261 5 - 12:32 i'rvi) Page 9 lin nice it Inv Date Amount ()Ilan( ily rilit 1)a le Description Reference Task Type PO /I Close POLine S 1 LAI ED Stillwater Medical Group 08-131201.5 2.994.47 0.00 09,01 /2015 Pre placement (Cz. annual physicals 101420-2220 -13050 Physicals rota!: 2.994.4 7 STILLMED 2,994.47 TDS TDS Nletrocoin - LLC 6517798882 ust,/t 317015 89.57 (11)0 (19/01/2015 Analog lines - Fire 101-42(1-2220-43210 Telephone 6517708882 08/13/2(115 711,80 0.00 09/01/2015 Analog lines - PIV 101-430-3100-43210 "Feleplione 6517798882 08/1.312015 87,67 0,00 00/01/2015 Analog lines - Lire station alarms 602-495-945(1-43210 Telephone 6517798882 08/13/2015 43.31 0,00 09/01/2015 Alimo - well house 2 601-494-9400-43210 Telephone 6517798882 Total: 427.30 IDS Total: 427.30 *1-1TAN Titan Machinery 6452528 08/19,2015 284,20 0.00 09/01/2015 Fluids 1(11-43(1-3100-42120 Fuel, Oil and Fluids 6452528 Total: 284.20 6457536 08/19/2015 198.38 0,00 09/01/2015 parts 1 1-430-3 1 00-422 1(1 Equipment Parts 6452536 Total: 198,38 TITAN Total: 482,58 TKDA TKIm, 2015o021)3 08/0312015 101-410-193043030 Engineering Services 2015002203 Total: 2015002447 08/11/2015 MI 1 -494-9400-43030 Engineering Services 2015002447 "Iota!: 2015002448 08111,2015 409-480-8000-43030 Engineering Services 2015002448 Total: TK DA Total: 1\10131LE 1 Mobile 947226095 (18,1 1.0015 601-494-9400-43210 1 elephone 199.50 0,00 09/01120 15 General Engineering Services 199.50 193.80 0.00 09701/2015 2013.133 LF Ave Trunk Watermain 193.80 1.964,91 0.00 (19/01/20 15 2015-120 Eagle Point Blvd 1,964.91 2.358.21 21.34 0.00 09/01/2015 SCADA liite No 0(10(1 No 0000 No 0000 No 0000 No MOO No 0000 No 0000 No 0000 No 0000 0000 No 0000 AP - Fo He Paid Proof List (08;26115 - 12:32 P1\11 Page 10 invoice # luv Uate Amount Qum,lity not Pate Description Reference 947226095 Total: 11.34 TMOBILE Total: 21.34 Task Type I'll tl (lose TOOLOU The Tool Guy, I „LC 7631 08/18,12(115 80.00 0,00 09/01/2015 Tools No 0000 101-430-3100-42400 Small Tools & Minor Equipment 7631 Total: 80.00 TOOL64.11Total: 80.00 TR ISTATE Tri State Bobcat, Inc. N07148 OR/I I:/1015 600,00 0.00 O9/01(2015 Wacker Roller No 0000 101-430-3120-43150 Contract Services N07148 Total; 660.00 TR1S FATE Total: 660.00 VCRIZON Vcrizon Wireless 9750502946 08/1012015 35,01 0.00 09/01/2015 Wireless charges No 0000 101-420-2220-43210 Telephone 97511502946 Total: 35,01 VERIZON Total; 35,0 I VESSCO Vessco. Inc 63485 05.,26i20 15 188,00 0,00 09/01/2015 Well no 4 No 0000 601-494-9400-42270 Utility System Maintenance 63485 Total: 188,0(1 V ESSCO Total: 1881)0 Whiteani While Anita Cable 08124/1015 55,00 (1.00 09/01/2015 PC 8/24/15 No 00(10 101-410-1450-43620 Cable Operations Cahle 08/24/2015 15.0(1 0,00 09,01/2015 PC' 8/24/15 - Bonus No 0000 101 -4 10-1450-43620 Cable Operations Cable Total; 80,00 Whiteani Total: 80.00 1,47.1\1 ECU ',ale Mechanical 158638 08"200015 485.75 0.00 09,10 I 21115 IVtaintenance - PW No 0(10(1 101-430-3100-44010 Repairs/Alaint Bldg 158638 Total: 485,75 Ar_lo Be Paid Proof List 013,20115 - 12:32 PM) Page 1 1 Invoice Jtiv l):1 le Amount Quantity Poll Dale Description 158640 08, )11-')(115 101_420_2220_44010 Repoli-0\ Bldg 158640 Toink 158641 08,...20!2015 01-410-19.40-44010 RepairsAlaint Contractual Bldg 15864 I Total: VALEkl ECU Total: ZACK Zack's, Inc. 30490 06/05/2015 101 -430-3 l20-4 '24(1 Street Maintenance Nlaterials 30499 06105120 45 101-430-3100-42150 Shop Materials 30,190 O0:0512015 (MI —194-9400-42400 Small Tools & Minor Equipment 30400 Total: ZACK Total: 189.50 189.50 408.30 408,30 1,083.55 Deference 0,00 09/0 II20 I 5 t‘laiutenanee - Fire Stations (1.00 09/01/2015 Maintenance - City Hall 18.88 nr00 00/01/2015 Supplies 172.20 0,00 09/01 /2015 Shop supplies 37.08 0.00 09/0112015 Marking paint 27'8J0 228.16 Report Total: 71457.63 Task'. Type I'() # Close POLior tt No No No No No 0000 1)1)00 MAW 0000 000(1 Al' -1 o Be Paid Proof' List (08,'26: )5 - 12:32 PM) Page 12 Accounts Payable To Be Paid Proof List User: PattyB Printed: 08/26/2015 - 12:43 I'M Batch: 0 I 1-08-20 I 5 Invoice tt Inv Dale Amount Quantity Pint Dale Descriplion Reference Task Type PO # Close POLine 1)E1:1A Delta Dental Of Minnesota 6137996 08/15/20 I 5 1,031.00 (1,00 09/0 September premium No 00(0) 101 -000-00011-21 706 Medical Insurance 6137996 l'otal: 1,031.00 DELTA Total: 1,031.00 LEASSOC Lake Elmo Associates, LLP Sept 15 09/01,2015 2,461,00 0,00 09701/2015 September Rent No 0000 1111-410-1940-44120 Rentals - Building Sept 15 Total: 2,461,00 LEASSOC Total: 2,461.00 NCPERS 566200-NCPERS Minnesota 5662915 08;21 /2015 10.00 0.00 09/411/2015 September premiums No 0000 10 I -000-0000-2 1 708 Oilier Benefits 5662915 Total; 16.00 NCPERS Total: 10.00 RABOUIN RABOUIN, INC 09/0112015 2,500.00 0,00 09/01/2015 September monthly installment No 0000 101-410-1320-43100 Assessing Services Total: 2.500,00 RABOUIN Total: 2,500.00 Report Total: 6,008.00 AP To Be l'aid Proof List (08/20/15 - 12:43 PM ) Page 1 crry( LAKE ED' n AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL COM ("CATION July 2015 Financial Reporting Cathy Bendel, Finance Director Cathy Bendel, Finance Director Finance Committee DATE: CONSENT ITEM MOTION September 1, 2015 #3 SUGGESTED ORDER OF IIIJS1NESS: Introduction °Chem ....... „,„ ....... ..... City Administrator Report/Presentation City Administrator Questions from Council to ..... . Mayor Facilitates Call for Motion ..... Mayor LK: City Council t)iscussion„.... ....... ...... ..„.„. ..... Mayor & City Council Action on .Motion„. ...... ..... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the July 2015 Financial Reporting Packet. No specific motion is needed as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find the comparative financial statements for the month of July 2015 reflecting the monthly and year to date detail, comparing the actual results to the 2015 Budget. -- page 1 -- City Council Meeting [Consent Agenda Item #3J September 1, 2015 GENERAL FUND: Revenues: Total revenue for the month was 0.9% above budget for the month bringing the year to date total revenue to 0.8% below budget. The most significant budget to actual revenue variances are as follows: The first installment of property tax proceeds were received on 7/2/15 for S1,302,869 which was 4% lower than budgeted. It is anticipated that the second installment will be slightly above this amount and that the year will come in very close to the budgeted amount. Building Permit revenue was 9.9% below budget for the month bringing the year to date to 32.9% below budget. In July there were 13 new home starts to the budgeted 11 new home starts per month. Although more homes than budgeted for the month, the fee revenue is slightly lower due to there being a six-plex and a tri-plex included in July which have a lower home valuation which results in lower fees. The year to date new home starts is at 58, of which 8 were open space new hoines. The 2015 budget did not include any open space new homes. The second installment for MSA maintenance was received in July. This installment was budgeted in August based on when received in prior years. The valiance is a timing issue. Expenses: Total expenses for the month were 109% above budget bringing the year to date expenses to 6.8% less than budget. The variance for the month is primarily due to the payment related to the annual seal coating project being paid in July which was budgeted in June. All departments continue to manage to the bottom line. The following summarizes variances of note: General: • Administration salary expense was higher than budgeted for the month and year to date due to the payout of PTO balances to prior employee's. • Building Inspection — The building inspection expenses are 72.7% below budget for the month and 47.9% below budget year to date primarily due to the building permit volume being below the level anticipated in the plan. As a result, the contracted inspector continues to be utilized until the permit volume ramp up to a level justifying a -- page 2 -- City Council Meeting [Consenr Agenda Item #3J September 1, 2015 staff addition as well as the purchase of the truck budgeted in July for $23k is on hold as well. Streets — As mentioned in June, the 2015 budget anticipated that the 2015 seal coating and crack filling projects would be completed in June. $140.8k was paid in July and the variance is a timing issue as mentioned previously. In summary, as discussed during the 2015 budget process, expenses are being closely monitored until the development ramps up to cover growth driven expenses. Year to date actual expenses continue to be less than budgeted and the net income through July is better than budget due to everyone managing to the bottom line. LIBRARY FUND: Revenues: Revenues on a year to date basis far exceeded budget as a result of recovering the delinquent rent from a prior tenant of $15k. Expenses: Expenses for the month of July slightly above budget for the month. This was due to the catch up billing for the library card reimbursements. On a year to date basis the actual expenses are 9.4% below budget. On a net income basis, the July results are 3.4% above budget. The year to date results far exceed budget due to the collection of the delinquent rent mentioned earlier. The ending July cash balance in the library fund is $235.4k (large increase due to receipt of levy proceeds of $115.6k). RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached July Financial Report. ATTACHMENT: 1. July Financial Reports -- page City or Lake Elmo 2015 By Mouth Budet to Actual C'omparaiive For the tumid] endino July 31, 2015 101.General Fund Sumniatv By Depanment DEPT 410 - GEN1 GOV'T EVENUE Total Revenue Full Year BUDGET 2015 %lcdalc 8/18[2015 MONTH YTD BUDGET ACTUAL Variance (S) Variance (%) BUDGET ACTUA I. Variance 0) Variance (%) Month Month Month Month YTD YTD YTD YID 3,798,334,00 51.23"/o 1.432,806.75 1,445,636.59 12,829.84 0.90% 1,960,877.25 1,945,933.10 ((4,944.15) -U.76% EXPENSE Total Mayor & Council 40,955.00 69,3314 14,827.66 697.02 14,130.64 95.30% 21,877.66 28,393.77 (6,516,11) -29.78% Tolal Adminislration 407,316,00 72.04 % 28,937,37 40,2,75.84 (11,338.47) -39.18°4 249,492,87 293,428.76 03,935.891 -17.61% Tolal Elections 1,050.00 206.76% 0.00 11,00 0.00 0.005',, 1,000.00 2,171.03 (1,171.03) -117.10% Total Communications 70,842.00 37.81% 4,887.77 2,228.88 2,658.89 54,40°4 40,383,27 26,785.62 13,597.65 33.67% Tolal Finance 134,647.00 58.09% 7,8511.23 8,3511.63 (492.40) -6.27% 89,776.73 78,219.79 11,556,94 12.87% Total Planning & Zoning 224,218.00 60,76% 17,555,63 19,079.84 (1,524.21) -8.68% 130,174.62 136,244.57 (6,069.95) -1.66"/o Total Engineering Services 54,800.00 49.6456 4,6110.00 2,837,85 1,762.15 38.3156 31,8(10.00 27,204,1(1 4,595.90 14.4556 Total City Hall 50,235.00 75,7456 4,161,00 4,771.82 (610.82) -14.6856 29,455.011 38,046.25 (8,591.25) -29,1756 Total General Governntent 984,063.00 64,07% 82,827.66 78,241.88 4,585.78 5,54 % 593,960.15 630,493.89 (36,5 3.74) 5"/o DEPT 420 - PUBLIC SAFETY Total Police 517,799,00 50.9256 0.00 0.00 0.00 0.00/. 258,899.50 263,645,09 (4,745.59) -1.83% Total Prosecution 50,000,00 64.23°A 4,200.00 4,512.50 (3)2.9) -7.4-10/, 29,300.011 32,112.50 (2,812.50) .9,60% Total Fire 305,312.00 52.2756 27,250.47 28,085.85 (835.38) -3.07% 228,679.97 201,412.66 27,267.31 11.92% Total Fire Itellel 37,323.011 0.00% 0.00 0.00 0,00 0.00% 0.00 0.00 0.00 0.00% Total Building Inspections 323,558.00 30.99% 48,199,08 13,140.28 35,058.80 72:7456 192.525.58 100,262.20 92,263.38 47.9256 Total Emergency Communications 7,000,00 53.50% 11.00 0.00 0.00 0. 60 Vo 3,500.00 3,745.00 (245.0)) -7,00% Total Animal Control 6,8110.00 64,56% 565.00 550.00 15.110 2.65% 3,955.00 4,390,00 (435.110) .11.00% Total Puldic Safety 1,327,792.00 45.61% 1 80,214.55 46,288.63 33,925.92 42.2956 716,1160.05 605,567.45 111,292.60 15.5.356_ Summary...I MONTH YTD BUDGET ACTUAL Variance (5) Variance (%) BUDGET ACTUAL Variance (S) VariRlICC (%) DEPT 430 - PUBLIC WORKS Nloinli Month Montle Month VT D YTD YTD YTD Total Public Works 380,195,00 52.84"/o 25,907.69 20,691.93 5,215.76 20.13% 230,365,19 2110,910.67 29,454.52 12,79% Total Slreets 222,578.00 83.17"/o 5,760,00 150,17130 (144,413.30) -2507.18% 210,3911.00 185,127,01 25,270,99 12.01% Total lee & Snow Removal 95,500.00 35.15% 1,350.00 0.00 1,350.00 100,00"A, 53,950.00 33,564.47 20,385,53 37.79% Total Street Lighting 28,000.00 47,35% 2,350.00 2,019,88 330.12 14.05% 16,450.00 13,257,55 3,192A5 19,41% Tolal Recycling 9,5011.00 5.9806 500,00 0,00 500.00 100.00% 5,250.011 568.03 4,68 L97 89.18% Total Tree Program 6,000.0)) 0.00% 500,00 0.00 500,00 100,00% 3,500.00 0,00 3,500.00 100.,00"4 Total Public Works 741,773.00 58.41% 36,367.69 172,805,11 (136,5)7A2) -375,38% 519,913,19 4332127,73 861485.46 16,63"/o DEPT 450 - CULTURE, RECREATION Total Parks & Recreation 153,028,00 91.27% 11,3111.74 20,864.47 (9,553.73) -84.47% 91.304,7(1 139,668.27 (48,363,57) -52.97°/0 1.1• & Telephone 1119,560.1)0 43.08% 6,388.00 7,829.43 (1,441.43) -22,56% 69,166,00 14,198,24 21,967.76 31.76"/0 GRAND TOTAL ALL EXPENSES 3,316,216.0(1 55.98% 2)7,108,64 326,109.52 (109,01/0.88) -50.21% 1,991,204.09 1,856,355.58 134,848.51 6,77% SUB TOTAL NET 1NC OVER EXP 482,118,00 18.58% 1,215,698,11 1.119,527,07 (96,171.04) 7.91% (30,326.84) 89,577.52 119,9114.36 395.37% DEPT 46))- COMP AEU 35,000.00 0.110°A, 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00% DEPT 490 - CONTINGENCY FUND 0,00 0.00% 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00% Debt Service increase 247,118.00 0.00% 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00% DEPT 493 - OTH FINANCING 200,000,00 0,00% 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00Vo GRAND TOTAL ALL 13E1'T'S 3,798,334.00 48,87% 217,108.64 326,109,52 . (109,000,88) -50.21% 1,991,204.09 1,856,355.58 134,848,51 6.7706 Net Inconic over Expenses 0,00 000¼ .215,698.11 9,527, (96,171.04) 7.91% ,326,84 89,577.52 11 ,904.36 395.37% Suntiltary_2 Cite a Lake Elmo 2015 Be NInnill Bohm io Actual Conruara 6 IV &itite month ending July 31.20 Li- 101-General Fund Detail .133r, Dep_r_trnen 1 DEP7' 410 - GOV' 811S/2015 Full Year 61019411 YTO BUDGET 13110(10.T ACTUAL Variance (5) Variance 1161 Flunc,r.T ACT1/.51. Variance (S1 Variance (%) 2015 % 10 l0.15 6700111 500101 h1011111 Month 0(11) 3113 \I-0 YTD variance nows REVENUE Current Ad Valorem Taxes 2,531,086,00 45,6006 1,265,340.00 1.159,178.20 (106,3(11.00) -8,410'; 1,205,640110 1.159,178.20 1106,361.80) .540% Delinquent Ad Valorem Tasks 15,000.00 168.9906 7,501300 25,347,36 17,817.80 237.970, 7,50000 25,347.86 17.347.86 237.9751 Mobile Home Tas 11.400.00 56,33% 5.700.0(3 6,421 42 721.42 12.661, 5,700.00 6,421.42 721.42 12,66% Fiscal Disparities 1611,000.00 69.259/, 80,011000 110.796.92 30,796.92 33.501', 80,11110,00 11(1,796.92 30,796.92 36 505; Venally & Interest on Taxes 700.00 160.65% 350.00 1, I 24.53 774.58 1.11.3)1, 350,00 1,12458 774.53 221.31% Liquor License 8,350.00 97.60% 000 000 1300 0.0005, 5,350.00 8,150.00 2,800,00 52.34% Wash:hauler Licence 1,680.00 28,578/, 0.00 000 0.00 0,001S 640.00 480.00 (360110) .42.86% General 0009113CM License 0,00 0.00% 0,00 11.00 0110 01411', 0,00 0.00 0.00 0.00% Hearing Contractor License 2.5110.110 96.00% zno.co mn.of) 0.00 0,001; 1,500.06 240000 900,00 60.00% Black -lopping Cnnimelor License 0.00 0.003/, 0,00 11.00 0.00 0.0033 0.00 0.00 OW 0.0% Building Permit: 517,600,00 39.119', 43,130.00 38.883-35 (4,24E65) .9.6553 _ 3111,910.00 202,446.41 (99,463.59) -33.94% 13 nos. home peintirs in July; Y"FD ni 58 new homes Ift Open space! Building Re..inspeet Fees' 1,000,011 11.00% 100.00 0.00 (100,00) -100011% 600.00 0,00 i0063001 .100.00% Fleming Permits 29,1140.00 56.40% 2,420,00 1.32000 (1.1(10.00) .454513 16,940.00 16,377,45 (562.551 -3.32% Plumbing Pennils 290411.00 68.40^/3 2,420.00 4.440 00 2,020.00 83,4710 16,940,00 19,922,00 2,982.0t1 17,60% Sower Permils 10,560,00 0.00/. 950,00 0,90 (sso.uo) .100.0070 6,160.00 0.00 16,100,00l -1000070 Animal Liecuse 2,500,00 77.04% 40.00 20.00 120,001 -50,001; 2,3011.161 1,926310 1374.001 .16,26% 111.0ity Penults 1110591 5,000,00 443,42% 1,0(01.00 3,641360 2.648.60 264.9616 3,000.00 22,171.00 19,171.00 639.0351 I61i,31 by clegekrmiient activity Burning Permil 2,250.00 56.44%, 500.00 45,00 1455.001 -91000', 1310000 1,27000 270.00 27.00% Mrissngc Therapy Licenses 150.00 16.67% 0.00 1300 0.110 0.01.131, 75.00 25.00 450,00” ..66.6706 Electrical Permit 6,051.00 64.49% sno.00 I,374.6 I 874.61 174.973; 1.500.09 5,112.37 1,612_37 4607% Ilemestead Credii Aid 0,00 000% 0.60 000 0.00 0,00° e 0.00 11.00 0.00 0.0036 MSA,Maintenance 101,696.00 117,4706 1400 59,732,00 59,732.00 100.0013 50,54.00 119464.00 65,61600 134.94% MSA funding iiierease Fur 2015; 2nd pint budgeted Aug. ree'd July Slam Fire Aid 41,590.00 0,0006 000 0,00 0,00 0.00% 6,161 0110 0011 0.0005, VERA Aid 2,749.00 50.00% 1,374.50 1.374.50 0.00 0.00% 1,174.50 1,374.50 0.00 0,00% Gravel Tax 0.011 0.0055' 0.00 0.00 0.00 0.001, 0.00 0,00 0.00 0,00% Recycling Oram 15,500.00 000% 0.00 0.0() 0.110 0,0011 04.10 0.00 0.00 0.1.10% Mine Slaie Orain/Surcharge Res 500.00 136.96% 0.00 330.30 390,36 100001.1 250.00 684.80 434.80 173,92% Kepresents gnarl crly surcharge timely Fling credil Cable Franchise Revenue 45,0110.00 151.40% 0.00 (1.011 0.00 0,0036 45363100 63,129.10 23,129.10 51,40% Zoning & Subdivision Fees 73500.00 273.87% 4.500.04 5.050.06 3,550.00 236.67% 3,7511.00 20,540,00 16,790.00 447.733; Very 11.,s. zoning petmils budgeted in 2015 Plain Cheek Fees 181,923.00 62.793/6 15,160.25 20,778.37 5,618,12 37.061'3 106.121.75 114.224.33 8,102,53 7.64% Sale of Copiei, Books, Maps 175.011 35,713/4- 20.00 0.01) 170001 -100,001e 75.00 62,511 (17.501 -16.67054 A1,107601e1,t Se1010e0, 750,00 1700006 150,00 331300 I0000 120,00% 405,110 1,275.00 810 00 174.19% Clean Up Days 2,0011.011 1811.7556 0 00 0,00 0011 0.0026 2,000.00 3.615161 1,615.00 S0.75% Coble Operation Rerrnbu ,rsernent 2,500.00 12.03% 0.30) (00.63 1000.63 100.00% 1,250.00 60063 (449.37) .35.9531 Fines 46,0041,00 54.56%. 4,000,051 4,373.69 373,69 9,34% 26,01)1.06 26,19858 (1.801,421 -6.43% FilICS below a vcrage but rypically increase in 0te spnogrsurnmer Mi3c13lIa0C00.5 0000104 0,00 n.aoLv.' omit 2.51) 2.50 100.1101; 0.00 000 0.00 0.000, Fire Billable Revenue .500..50 tun.no% 0.00 0.00 0.00 n.no,..,, 0011 500.00 500.00 100.09513 rvliscellancous Reyentre 3,500.00 457.41% 300410 0.0') 1300.001 -100.0013 2,000,00 5,509.45 3,509.45 175.473, Internal Charges 6-10490 63.44% 22.00 14,00 (8.00) -36.3611 518.011 406,00 ((32.00) -14.5.1% Interest Farninyrs 10,000.00 0,041% 0.00 000 RAO 0,001; 0.00 0.00 IWO 0.0061.-, Donations 0.00 0.0118,,, 6 o,. 1...,9 0.003i, 0 ,'„, 41' Total RCYC(100 3,798,334.00 81.232% 1,432.8.0,75 1,4-45,636.54 12,629.114 11.907', 1,964.8 9-7.75 1.045,93110 (14,944.15) 41.9069'. Full Year MONTI-I YTO EXPENSE IlUDGILT 1111DGET ACTUAL Variance (5) Variance Oa) UL/DGET ACTUAL Variance (5) Variance (°-,T 1110 - Nlayor & Council 2(115 ge 10 441c Mouth 0t011111 Month NIonili 'cm YU) YTI) YID PT Salaries 25,690.00 50.00% 12,545.00 0.00 124615.0,3 100.007 12.545 00 11,513.00 0.06 0,00% FICA Contribuliont 1.593.00 49.99% 796,39 0.00 796.39 100.00% 796.39 796.39 0.00 ono% Medicine Coninbinions 372.00 50.0794 186.77 11.06 186.27 11111.00ta 186.27 186.27 0.011 0.11096 \\Airbus conipermai ion 300.00 29.66% 0.00 0.011 0,00 1.1,00Pn 300.00 R8.97 211.0) 70,34% Milt,ige 500.1111 33.83Ta 0,00 27.60 (27143) -100.00"4, 250.00 169.16 90.54 32.349, 161bcellaneints 0,00 100.00% 0.00 7,50 0.50 i • (00.00') 0.00 211.54 (21 1,541 -10)1000', Does & Sulmcnin ions 11,500301 1 13.113% I .000,00 66 1 .92 336,08 33.81% 7.000,00 13.096.41 16.096.14,1 -57.119% 21115 sham oCI.MC annual 1661 16.614 in Sept 21/14 plus Cuttlerene.es & Training 1,01,0410 100.00% 0,00 0,00 0.00% 500.1111 1.000(10 (300,001 -100,00% annual YSElpoyinern Tidal Mayor S., Council 40,955.00 6933% 14,827.66 TA 14.130,64 95.30% 21,1177.66 28.393.77 (6,516.11) -29.78% 1320 - ,VIntinistratlun Fli Salaries 198.125.00 41.55% 101240.38 24,185.83 862.68 0,9(3.45) -58.707b I 1.1.102,88 121.949,15 Variance is a remit or rro payMitS 14 priOr employev,s PERA Contributions 14,364410 57.56% 1,104.97 247..24 21,92% 11,786.92 (7.646.21) - 06 „ 06 9:: i: IOTA Contributions 0.110 0.00 0.00 0.00 -56°:C6)15°''a 0.00 5267.43 1,479.55 0.00 FICA ConInbutiorts 0,00% 12,284.00 59.80% 914 92 1(312345:911.161) 7,145.46 Medicare Ciintributiuns 2.873,110 59.80Ta 919,15 7.086.92 1.657.50 ( 2( 63I 90°i'. i. 1( 145 :I' 161 346.10 2.532,00 241 :9771470"J -... , Q336 ,.:136:455 il,ai.: Hcrilib/Ociital Insurance 221.00 44,7165.00 55.66% 3,451.15 .56.6176 25,583,65 909,65 Uri employmenr Uctiefits 0,110 0,00% 00„,0)03 000 0.00 26a:0630;6,, 0.00 11.1 /0 1.062 37 0.00 3.51-i. 0 00% Worgers Compel -Amon 1,000,00 106.24% 0.00 648,47 0.00 0.0tri, Office Supplici 5,51111.011 65.34% 450.00 (198.471 (1,058.00) 2,4.10°T, -1011.01d i 1.001400 3,150.00 1,(1.6132:637'1) (1,620,00) _I-(11(4)..a008,Ta, ['tinted Forms 0.00 100.00% 1,053.00 -60.95T, 0.00 3.593.62 -1 15.23% 0,00% Legal Services 45,000.90 125.55% 3,75°0..130'01 1,620,00 Newsleiter/WcUite 0.00 0.00% 0.00 0.00 (-2,2s(.5,:07(U)) 26,250.00 0.00 56.498.04 0 00 (30,245.04/ 2' i 51 ' 131015T. 00700° 0.00 0,01 17,501100 (5,9292(1)9.4.(55'8:) Aticssing Services 32,000.00 73.41`Va 2,500.00 0.00'ia 23,49i0):0808 (1.01(4°'.3°5°) -304:(7,413nToi, KlaycApioise includes WA asscsmr lees budgeted later in the year Cont01m1 Serimes 0 TM 2.,09.1,36 0.00% 0.00% 0.00 1.000.00 0.00% ['nage 11,011 2,0011,00 104.21% 0.00 0,00 .10768:445;i: Timing issue Nlileage 500.00 14,10% 50.00 4160.6030 0.00 50.00 3,0)0°0%1 70,49 3.767.12 0,01/T3 loruin% Legal PubliMing 5,0101401 7534% 83,37 Insurance 35,000.00 93.10% 5010:()000 0.00 ( 4 e°iI.1Ln'551 I it 361 :,1-13() °07 35.000.00 -25,57% 6.905'i 0.1105a Ciablc Operation Expente 0.00 0.00°A 0.00 0,00 0.011 32,586.00 0.00 (767.12) 2,414.00 0410 Aliscel lancing. 61111,00 60.111% 50.00 90.55 -81,10% 360.03 (0)03) -2*62:-8175`% -100.00.4 Duo, & Suhscripi loos 2,105.00 73.581/4 1203111I . 2325 ti )5) 00n 0°) 1.548.96 31 4393 1323.96) Books 0.00 100.110% 1 705:a000 0.00 5,5):017) 131.89 Con len:flees & Training 6,1110.00 30.70%0.00 500.00 0.01474, 100.01)Ta 3.500.00 500,96 2,361.00 11:13391:0890 StalTDevelogniciu 1300 0.00% 0.09 411,27°5,i1U'4' 0.00 0,00)4 -39.18% 2-19,49°2.1;71 0.00 0.00 1'0131 Adniinistr ution 407,316.110 7104% 28,937,37 111-336.47) 29.3,423-76 03.935,89) . :720 ..„6,5) ,,,I,:,5;s 1410- Elections PT SalaritA 11.00 100.0U% 0,00 0.00 0.00 0.00% 0.00 1,2191.00 (1,280.001 -1110.111)% 0 nice Supplies 0.00 0.00% 0.00 0.00 0,00 0.1.1094 0.00 0.00 0.110 0.110°4 Legal Publications/anti fical ion 0,00 0,110$5, 0.00 U.00 0,00 0.3094 0.00 0.00 0.00 0,11UTo Equipment Repair OM 100,00% 0.00 0,1/11 0,00 0.001'n 0.00 600,011 1600.001 -I 00,00%, County Fleclion Fees 9.56392 0.00°4, (too 0.60 0.00 13.000; 950.00 0.00 9511.00 100.00% Printed Forms 0,00 0,007'0 0,00 0.011 0.00 0.00i 6 0,00 0,00 11,00 0.00% Miscellaneous 100.00 291.03% 0.00 0.00 0,00 0,002) 50,00 291 03 (24) 031 -482 06% TnInl Elecliuni 1,050.00 10.76% 0.00 0.00 0,00 0.0095 1,000.00 2,171.03 (1,171,03) -117.10% betat2 Full Year NIONTII YID BUDGET 13110(11111 AC rum, Vartatice (S1 Variunee (ED) ourcET ACTUAL Variance ($) Vaininee (10) 1450 .. Cominunlcolions 2015 Ea le date Month tilitoili Alouth Month Yit3 1-113 YID YTD 17 Salanes 35.876.00 32,727', 2,759,69 0.00 2,759.69 160.1109, 20,697,69 1039.09 3.958,60 4.3.28E0 PERA Contributions 24601,00 27.11% 20U.09 0.00 200.03 100.00111 1,500_58 705 11 795.46 53,01°, FICA Conuibutions 2,224,110 32.0760 171.08 0,00 171.08 100001, 1,783,03 713 13 569,95 44,42') bledtcitre ConInbutiom 520,00 31.0860 40.00 0481 40,00 100.0010 300.00 166,811 113.20 44.4901 Ilea It luDeutal Insure nee 9,970.00 36.831/. 766,92 0,00 766.92 100.00% 5.751.92 3,672.00 2,079,92 36.16". `Knitters Compensation 0,011 100.00% 0.00 0.00 000 0 011% 0.00 177.91 (177.01) -100.00% NeWill1110- 8,1103,00 66.1260 0,00 1,3153.38 ( I ,351.35) -11/0.0056 4,01400 5.78983 (1,239.331 -32,2516 (Mice Supplies 561.00 8,659', 50.00 0.00 50,00 1110,0096 350.00 45.50 301.50 36.14E6 Alileage 101300 0.0060 12.01/ 0.1)0 0.00 11.009) 50.00 57.27 (7,77) -14.54% Public Notices 5.040,00 31.487', 500,00 MO 500.00 I no.no% 2,830.00 1,596.34 1,763.16 44.32% Cable Operations 4,800,1111 47.127E4 400,00 375,00 25 0) 6.251, 2.300.00 2,269.15 530,85 18.9611 °Jul-emo905 700.00 51,435/0 0.00 0.01 0,00 0.000', 350.00 360,00 11000) ..7.861), RepainVaint EquIpment 450.00 0,011E/9 0,00 0.04/ 0.00 (low., 450.00 0.00 450.00 100.009, Total Communications 70,842.00 371119e 4,887.77 2,228.83 2,658,89 54.40% 40,383,27 26,785,62 13,597.65 33.67 E/. 15211.. Finance E79a1,ries 66,863.00 57..5760 5,143.31 4,632.32 510.99 9,943, 33,574.31 35,157.87 3,601,94 3.37°6 PT 34t4490 3,600.00 0.00% 276.92 11.00 270.91 100.00% 7,076.92 0.00 2,076,93 100,0076 PERA Connibutions 44148.00 54.38E/ 372.97 347.43 25,49 634E6 2,796.92 2.636.49 160.43 5,74E1,, FICA Contributions 4,369.00 47.0796 336.011 272.09 63.99 19.041; 2.520.58 7.056.70 -163.E6 13,101% Medicare CottlribuliQIIS i ,022.00 47.06% 78.62 63.67. 15.00 19.08% 539.61 4E0.92 108,70 I 5.44E IlcallIUDental Insurance 14,955410 43.65'14 1,150,38 371340 279.93 74.3460 3.627,83 6,523,00 7,099.83 24.3471 1 /nc ntployment flenefiis 3,001300 0.00% (Lon 0 OD 0.00 100,0013 3.000.011 0.00 3,000.00 1011,0070 Workers Compensaiino 500.95 A 1 .5 21/0 0.00 0.01 0.00 0.0110 250.00 407.61 (157.6)) -63,04% Office Suppi les 500.00 176.9013, 0 00 65418 (65.08) -100,011% 250.00 384,52 (674.52) ,-25.3.91% Annual cheek Notek tiborder Printed Faints 500.00 0.001/, 0.00 0.00 0.00 0.00/1 750,00 0.09 750.00 100.00% Audit Simicts 27,1100.90 94,24% 0.00 1.370.110 (1,320.001 .,11.10.01106 27,000.00 25,445.011 1.555.00 5.7691 Fieldwork completed and billed earlier than anticip.itett In budget Contraci Services 6,009,5D 70,02% mann 779.69 (7.79.69) .55.9411 3,500.00 4,701,17 (7)11,171 -20 03E6 Will decrease now iltat audit 5u6slanl06lly completed Mileatte 50,00 0.007', 11,00 0.00 6.00 60006 0.00 0,00 0.00 Miseellunecus 200.00 128.285/. 0.00 0 .11,1 0 00 0.0090 100.00 236,56 (156.5),1 1.56.5616 1.1ues 3: Subscriptions 740.00 22.97% 0.00 0.00 0.00 0.0006 240.00 170.00 70.00 29.1796 Con retences & Training 5011.110 0.01160 0.00 0.00 0.00 0.001-1 0,00 0.00 0.00 0.0036 Tntal Finance 134,647.00 58.0960 7,858_23 8,350,63 1492,40) 41.279', 89,776.73 78,219,79 11,556,94 17-87% Detail) lull Veal 31014 El 1 YID BUDGET tiutx;'r AC (UAL Variarnai (5) Variance 1040 BUDGET ACTUAL Varianee (5) Valiance 1%) 1910 - Planning & Zoning 23115 % ID dare NI rindi li.lonih Monili Month YID YI13 Y ID YID ET 04laries- 15235400 6531000 11.825.11 13,780.44 (1,955.)31 -16,53% 85.0112.31 (00,249.39 (12,247.05) -13.921; PI Salaries 3,600310 0,00% .276.92 0.00 276.92 100,111104 2,076.92 0.00 2,1176.92 I on.orri, PERA contribuiions 9,849,00 68.37% 757,62 1,28090 (523.28) 4,9.(1711 5.082.12 6,733.34 11.051.21) -13.5004 HCA Con6,14)1u 8,646.1111 59.0200 665,09 714.3.1 (49,25) -7.411, 4.988.08 5.102.77 (1(4.69) -2„337 Medicare Contrilmi ions 2,022,00 514.03% 153.54 167.08 (11.54) .7.425k 1,166.54 1,173,33 (6.79) -0.1704 1 lealtIoDenial Insutance 32,047.011 616704 2.465.13 2,678,0(1 (2)2.85) .8.638e 18,438.65 20,0551)0 (1,596.351 -8.63% Workers Compensaiinn 800.00 1011,76% Pik) 0.00 0.00 0.001, 1100.00 80607 16.07) 4376°0 Developer CA.IVW 0 ifiel cool FCCONO). (16,5)0.00) 76.41% (1.375 [Al (1,5)1.551 176,55 -12 84% (9,625,00) (12,605.38/ 2,983.38 .31.0072 Office Supplies 1,800.00 37,00%, 150.00 85.96 64,04 42.697, 1,050.0d 666.05 383.95 30579, Primed Forms 7303111 122.67% 0.00 0.00 0.101 0.00'6 500 00 920.00 (4211.001 -84,007o Engineering Services 211,000.00 64,16% 2,501.00 1,891.3.5 605.43 24.34% 12,500810 12.331.25 (331.251 .2.6504 Contract Services 5,000.00 0.11004 0.00 077o 0.00 0,00° 'a 2,5014.00 ilia( 2,500,00 100.0111, Postage 2110.00 33500 000 0,00 47.00 1.1.0052 100.00 MO 93.311 93.30% Mileage 250,00 21,6204 20,00 33.12 (13.12) .65.6(122 140.011 54.05 83.95 61.3906 Miacellancous 500.00 0,0004 40.00 3.115 40.00 100.000, 289.00 0.00 280,00 100 00% Duca & Sulastin priPPS 6011.00 0.007/. 50.00 0,011 56.00 100.0000 350.00 0.00 350.00 1110.001, Books 300,00 1401104 2300 0.011 23.00 100.0004 / 75.00 0.00 175.00 100.0004 Conference, k. Training 1,000,00 11.25% 0,00 0.00 0,00 0,005. 1.010.00 225,06 775.03 77,50), lulu( Planning & Zoning 224,218.110 60.76% 17,555.63 19,079.84 (1,524.21) ..8.6800 130,174.62 136,244.57 (6,069.95) -4,6604 1930 , Engineering Service, Engineering Service, 54,1300.00 49.6404 4,618409 2,837,85 1,762.13 38.3 1 31.818400 27.204,10 4,593.90 14.4500 Total Engineering Services 54,800.00 49.6404 4,600,00 3,837,85 1,702.19 38,3104 31,800.00 27,204,10 4,595.911 14.45% '1' I'D variance note, 1940 . Cies,' Ball Cleaning Suppliedi 511,00 0.00'/a 0.00 0,00 0,00 0.00`s 25.00 0.00 25.00 100,00% Building Rerrair Suppig, 3110.00 126.02% 25,00 0.00 25.00 I 00.0000 17300 37806 (203.06) .116,038.s Unlilies 6,0110.00 86.53% 500,00 316,98 151.02 36.60% 3,500.00 5.191.64 (1,69364) -43.338k Budget assumed annex hale in 2014 Refuse 353.00 230.1504 0.00 (12,94 (112,94) -100.01.150 353 on 812.32 (459.42) -130.151, lictunia(Moint Coninicivai Ididg 6,000.00 97.75% 500,03/ 32.68/0 174410 34.80% 3500,00 5.1565.13 (2.165.131 -67.58% 87D. Electrical ivii mg needed in neic roil al Mike space (52.7k/ RepRIWMaillt COIIIIICIIIiii einuip 7,7110.00 90.02% 650.00 954.12 (304,121 -16 794 4,500381 6.931.60 12.131.661 .54.048k IN CW copier lease and usage overage lee.; Facilny ',case 29,532.00 58,3304 2.461.00 2,161.00 0.011 0.1108s 17,227,00 17,227,00 0.00 0,115(94 Miscellaneous 301100 546.7804 25.00 600.78 (375.78) -2303.12% 175.00 1.640.34 (1,465.341 -637,34% Tula) Cloy 11401 5.0,33500 7.5,7451) 4,161,00 4,771112 (610.82) .14.6804 29,45.5.00 38,04615 (8,591.25) -29.1700 Total General Government 9114.063.00 04,07% 82.827,66 78,241,88 4,585.78 5,5400 '553)109.15 630.493.89 (36,533.74) -6,15% berail.„4 DEPT 410 . PLIBLIC SAFE 1 1' full Year WWII! 'cm BUDGET flUDCIFT ACTL'Al, Variance 01 Variance (%) BUDGET AC FUAL Variance (5) Yaname 150) 2100- Police 2015 96 to date Month Alum li Month Alimill YTD YID Y ID YITC) Law Fri Curt:einem Cannata 517.799.00 511,927', 0.00 0.00 0,00 0.00) 259.899.50 263,645.119 (4.715.59) -I .F3% Total Puke 517,799.00 511.9200 0.00 0.90 0.00 11007, 255,899.50 263,645.09 (1,745.59) -1.8300 1150 )) Prosecution Atterney Criminal 5n,n1(4.00 64.21% 4 700.00 4,512 50 1312 50) 4.4.17', 29,300,01i 32.112.50 /7,812,501 »9.6052 Tutu( Prosecution 50,111103M 4,2.nn.un 4,512.50 (311,50 -7,44.1)) 29,3110110 32.112.50 (1,812.50) -9,8904 2220 - Fire FT Salarieu 68,6141/0 59.0600 5,276,00 5,409.69 1131.691 -2.507', 39,305310 40,520.26 (935.26) -2.36% PT Salaries 123,121.00 44.37% 9,470.85 3.012,03 1,435.81 1 5.,10,- 71,1131.35 54.626,66 16,104,09 1.1.1/96r, YID con eld ion for actual hack. to 2014 lin POC FE PULA Conn 'Imam, 11,116.00 66,98% 932.00 1,089.55 (157 58) -16,91% 6.990,00 8,115_78 r 1.125.3151 -16.101 FICA Cordr16u106n5 7,633.00 4.1,395/a 587.15 398,59 155.26 32,06% 4,403,05 3,357,93 1,015.72 23 1)72,, Medicare Cnntribui inns 2,780,00 53,00°4 213,55 167.49 25,56 I 2,09° ic 1,603.35 1,413,46 130.39 6.11% Finial/Denial Insuranoe 14,143.00 60.13% 1,095.67. 1.142.06 (16.38) .1.239', 5,217.12 8,565.00 (347.58) -4,2391, Unemployment Rene als 0.011 0,00°4 0.09 0.00 0.00 0.005° 9.00 0,00 0,00 0.1107', Workers Compen5a Linn 9,000.00 195.48% 0.00 II 00 0 00 0.0IEii 9.000.00 17,59.2.85 (3,592.85) .95.48% Due to 18% me inCntaSC Office Supplies858,00 34.73°4 70.00 0.00 70.00 I 00.06'. 490.00 295,19 194.81 39.7657 EMS Supplies 3,400,00 133300 730,00 323.49 03.49/ -15.53% 1,950,110 453.18 1,506.51 76.8S% Five Prevention 3,000,00 0.00% 251400 OLIO 250,00 l00.00r52 1.75u.e1) o.on 1,750.00 l011.0652 Emil, CM Sr fluids 13,1100,00 4033% 1,075,00 629.12 2.15.36 22.37°O 7,325.00 5,243.10 7281.80 10.125, Small Ten's & Equip 20,892,00 3238% 1,750.00 4,378.95 (2,628.93) 450.1395 12,250,00 6.764.76 5.485_74 4.1.787', Physicals 3,181.00 47.47% 265.00 1,145,011 (980,0))1 .369.817', 1,855.09 1,510,00 345,00 18.605e 0a61i) 2 1,562.1.10 .56.08% 0.00 3,914.16 (3.9(4.76) -100.00% 10,751.00 (2,093,04 0,312.01) -12,17% Mange 2511.00 16 L92",4. 11100 0,00 20.in) t n0.0.0% 150.9() 404.50 (254.80) il 69.87% Irournce 8,307.00 87.02% 0.00 0.00 0,00 0.00% 6,307,00 7,229.00 1,078.00 12,987') Amr.' premiums billed Apra Mecum, Utility 17,000370 54.6200 1,300,011 636.80 613,20 47.175a 9,900,00 9,185.00 615.0U 6.21°6 Refuse 1,1100,00 185,72% HMO 266,38 (181.30) .213.3952 595.110 1.557,2 1 ((.262.21) -212.149', Rep01r/5l7nd Bldg 1,000.00 231,92% 165.110 0.00 165.00 100.00^. 1,155.011 -1,638.36 (3,453.36) -301,5911, Rep520Maim Equip 33,260.00 25.32% 2,770.00 17.1.91 2,595,09 93.59".'a 19390.00 8,122.11 10.967,89 56 561. Uniforms 2,500.00 24.51% 208.00 0,00 203.119 100110% 1,456.00 61170 8.43.30 57.92% Miicellanceirs 1,5110.00 141.16% 125.un 157.26 (32.2G) -73-1319', 075.00 2,117.35 (1.242.33/ -141.98% Du,' 52 Sub5c6p6ons 3,508.00 66.14% 290,00 0 00 290.00 1(010025 1,030.00 2,310.04 (290.0.)1-14,29% links 220,00 0,00% 20,00 0 00 20.00 I(52.0396 1 30.00 0.00 130,00 1013,000', Conferences & Training 12,375.00 31.4054 1.000A9 (131.00) 1,131.00 11.1.10°, 7.250.00 3.395.65 3.364.35 46.•10`i0 Conferences &Training (167imb) 0.110 0.00% 0,00 OAT 0.00 0,00% 100 0,00 0,00 ((.00'15 Total Fire 385,311.111) 52.2700 27,150.47 28,085,85 (83538) -3.07% 2211,679.97 201,412,66 27,267.31 11.92% 2250 Fire Relief Fire Slate Aid 37,323,110 10084 1)(10 0.00 0,011 0.005 0,00 0 00 0,00 0,110°, Tutal Fire Relief 37,323.00 0.01190 0.00 0,06 0.00 n.no% 9.00 9.00 o.no 0.nn% DetaiL5 Full Year .5 IONT11 vro 24110 - 111111,1Ing Inspection BUDGET nuDGET AC rum_ v,,,i,n.: is) Variance (10 1311DGET ACTUAL yttrianet: (S) Variance (%) 2015 1; Kt ilale Month Month 51m015 Month 1111) YFE/ YTU 1111) rr sa00u-i-e, 149,606,00 33.8390 11.505.15 6,1)59.33 5.418.62 47.09% 66,311,13 50,617.55 35.693.60 41,3590 'OK", Contributions 111,846.011 15.0090 E3431 456,71 377.60 43.261-, 6,237.31 3,796.29 2,461.02 .19.339-1 FICA Contributions 9,276,00 31.84% 713,54 334.49 359,03 50.320, 5351,54 2.953.75 2,397,76 44.8111, Medicare Coniribuiions 2,169.00 31.83% 166 S5 82.911 83.93 50.31% 1.251.25 6904E 560,87 44.82% Ilealdaignial Insurance 211,486,00 37.23% 2,191.23 1,414,00 777.23 .33.4790 16,43423 10,605.00 5,829.23 15.4790 Unemployment 9ene71Is 0.00 0,110% 0.00 0.00 0.00 0.001 t 0.00 000 0.00 0.00% Workers Compensation 1,000.011 232.40°!, 0.00 0.00 0.00 0.00., 1,000.00 2.32.3.96 I 1,323.9h) ,,133.40°0 Office 5upplie, 2,100.00 7.46% 175.00 0,(11) I 73.00 100,0090 1,225.00 156.65 1,068.35 87210'. Printed Forms 700.00 16.5890 0.00 6.05 11.00 0.0000 351(00 116.19 2.13.91 66.8350 Fuel, Oil & Hunts 5,500.00 8.2290 500 C41 43. /3 436,85 91.370, 3,250,00 452.03 2,797.97 86.0990 Engineering 9,0011,00 47,711/0 750.0') 749.31/ 0.50 06790 5,2.50.011 4.293.95 956.05 18.211, Inspecute Contract Se, ICC5 67,200.00 27.96% 7,009.00 3,500.00 3,500.00 50.00% 34,000.00 114787,49 15,212.51 44.7490 Mileage 3,500,00 65-27% 4110.011 430.(10 (59.00) .42_5u% 1.800.00 2,78437 1484371 -27,9(07 Insurance 9110„00 10.0090 75.00 0.00 75.00 100.001 525.00 180,00 345.00 65,71% Annual premiums hillgd April Repairs/Nlainl Equip 1,300,00 I I.114/g 300.00 0.00 211000 100.0070 1,325.00 255,43 1,069.57 110.7290 Unifnrins 050.00 10-5990 70 00 0.00 70.00 100.099'. 490,00 39.98 ,100.07 81.64% M iscelkinet, us 6503)0 111.73% 55.00 0.00 55.00 100.0070 383.00 121.76 26324 68371.1. Dues& Subttcriptions 700,00 55.00% 60.00 0.00 60.00 100.00% 420 00 355.00 35,00 6,3317 Ronk, 3,000,011 56,411/0 500.00 0.1111 500.00 100,0000 2,500.00 1,692.39 S07,61 32,3090 New Truck 23,1100.00 0,110% 23.000.00 0.0(1 23.000.00 I 00.0090 2 (300.(111 0.00 23000 00 0.01)7... Conferences & Training 2.775.00 16.58% 0 00 0.00 0.011 0.00% 1,40000 460.00 940.00 67.14% Total Building Inspections 321558.00 30.0990 48,199.08 13,140.10 353158.00 71.74% 192.525.5S I 00.262.20 92,263J3 4 . 2% 0500 - Emergency ConiniunIcaiions Contract Sett -ices Total Emergency Communications 2700 - Animal Control Funny Conical Services NIkaclianeous (Impounding) Total Animal Cunlrnl 7,00000 53.5090 0.00 000 0.00 0.0090 3,500,00 3,745,00 1215 00) 7,00000 53%511% 0.00 11.00 11,00 0,00% 3,500.00 3,745.00 (245.00) -7,110% 0.00 0,110% 0.00 0 00 0,00 0.0000 0.00 0.00 0.00 0.11010 6,0011.011 62.0890 500.00 50000 0.00 0.0014, 3,500,00 3,725,00 1225.110) -6.4390 800,00 83.13% 65.00 50.01/ 15.00 23 081'; 455,00 665,00 1110.001 .46,15% 6,800.011 64.5614 565.00 550.00 15.00 2.654/. 3,955,00 4,390.00 (4)5,00) -I 1.1101/0 Total Public Safety 0,317,792,09 45. I% )10, 14,55 46,188.63 33.915.91 42.2914 716,860,05645 567,45 111,192.60 15.53% 090,0,0 Derr 430 .. PUBLIC WORKS Full Year 61001r11 Yu) nu0(10:1- BUDOET ACTUAL ('aneneelS) Von:meet%) BUDGET AC'ruAL Vat iatwe IS) Variance (i,,) 31911- Public Pineks 2(115 7-s to dole 610n111 Month Mont!, Mouth YTD STD YTL4 YTD FF Salaries 153,314.110 49.98% 11,791,38 9.420.64 2,372.74 2111202 38.450 .13 76,630.33 11,319.55 13.367., lke ample FT 'es PT, esei all oust k cry close to budget PT Wailes 23,460.00 5.907/. 1,804.62 501.00 1,291.62 71,91% 13,534.62. 1.385 00 12,149 62 89.77% ' PERA Contributions 11,115.00 53,82% 855.00 941.37 1101.171 410.10% 6,412.30 5,932.17 430.33 6,71% FICA Conuilmtinns 10,960.110 41.737/e 843 OS 532.71 263.37 30.835e 6.323.03 4,579,60 1,743,43 27.5754 ISIelliare Cuntiiballens 2,563.00 41.79% 191 15 136.29 66.86 30.377, 1,478.65 1,071.04 41)7,61 27.5776 Ileollfi/Dental Insurance 34,183.00 63,61% 2.619,4h 2,899.00 (269,54) -10.25% 19,710.96 21,742.50 (2,021,54) -10,2500 Unemployment Benefits 0,00 3,0000 oxo ilron 0.011 0.00% 0.0U 0.00 0,00 0.0000 %Yorke's Cumpensamort 6,000,00 264.59% 500,110 0.00 5011.011 10000 O 3.500.00 15,875.53 (12,375.53) -353.59% ropense spread OM in the budget: 187% r4tc inere64e in 2015 Office Supplies 2,1101300 2.0874 165.00 41.50 123,50 74,35% 1,155.00 41,50 1,113.50 96.41% Sloop Materials 1,500,00 61,04% 123 00 0.00 125.00 100019', 873.00 915.61 610.611 44,6.12', Building Repair Supplies 500.00 17.35% 4000 0310 40.00 I 00,004,, 7s0.r00 36.75 193.25 69.0200 Small Tools and Muotr Equip 1,2(19.00 114,92% 100,00 63.15 31.85 31.3592 700,00 1,379,113 (679.05) ..97.015O Engineering 0en0ct., 9,1100.00 86.6600 750,00 337.50 412.50 55.00)6 5,25'0.00 7,799.00 (2,549.00) 43.537', Conliaet Services 4.000.00 36.33% 0410 26195 (363,95) -100.11056 2,000.00 1,455,33 544.62 27.239', Radio 1,300.00 47,557/, 0.00 309,06 (309.06) -100000', 650.00 613.13 31,53 4,9046 Mileage 000 0.011% 0,00 0,00 6.01) 0.007; 0,00 0.00 0.00 0,1107, Insurance 20.000,011 73.74% 0.00 0.00 0.00 0,0026 20,000.00 15,745011 4,252.00 21,7600 Electric 1 lidity 28.001100 55.46% 1,500 (10 595.611 9113.411 60.2376 16,000.00 13,528.80 47120 2.93% ReMse 2,400.00 62.947/s 200,00 216,67 116.67) ,1.33% 1,400.00 1,510.65 (1111.65) 47,9005 Fuel, Oil, Fluids (AI -I- 011[9/ 42,000,00 36.69% 2,500.00 1,32.0.43 (1,320.43) 452.82 ilt 25,000,00 15.410.35 9,589.0 311.3611 Regairaclaint Bldg 3,500.00 78.03% 300.e9 17.43 282.52 94,1776 241110,00 2,731.22 (73).22) -36.5672 Repoiribloini NUT 1314 .500,06 0.0090 40.00 0.00 40.111) 100.11015 230.00 0.011 2811.00 190,0000 Renoir/Maim Equip (nut) 5,non.o) 9.4000 500.011 212.54 267.46 57.4900 3,000.00 410.04 2,529.96 84.33% Equipment Parts 7,5110,00 10.077/0 625.00 0.00 62500 i 04).005's 4,375.00 2,255,09 2,119.91 43.46% Uniforms 2,000.00 71.11100 163.00 221.04 (56,04) -33.962', 1,155.00 1,420,19 (265.)9) -22.966 Miscellaneous 1,1100.00 71.04% 150.00 0.00 15000 100,0000 600.00 710.43 (1111A3) -13.413S landscaping Motel jai 50.00 0.0074 125.011 0.00 125.00 100.0000 375,00 0.00 375310 100,00% Dues & Subscriptinn 2110,00 0.011% 0.00 0,047 0310 0.007S 100.00 0310 100.00 100.007, Cenferences & Training 1,500,1111 0.0000 0.00 0.00 0.00 11.000', 751400 000 750.00 100.01172 Clon up Days _ 5,000.00 11L28%, 0.00 0.00 2.00 0 005's 5,000.00 5.561,72 063.82/ .11,282-6 1 utol Public Works 380,195,00 52.84% 25,9117,69 20,691,93 5,215,76 20.13% 7.30,365.19 200,910.67 29,404.52 12.79"/c 3120 - Streets Eqiiipmenl Pil05 Street Maintenance Maitre& Sal FnatingiCroek Filling SI67i Repair Melesials Comae' Semi:es L:110),714.0 Equipmenl Total SIrcely 3,0014011 47.0700 250,00 20310113110 46.15% 3,0003)0 186,573.00 10.66% 03111 2,5103.00 15.127/s 300.00 13,0003111 59.3300 2,000 011 2,000,01) 8.40% 210.00 222,578.00 83.17% 5,760.00 189,99 4,940,37 140.80044 000 4.032.50 210.00 130,173.30 n0.01 (1.940.37) ( 140.30040) 3 o,a,uu 12,012,50, 0.00 (144,413.30) 74,00% -64.63% 100.00% 1011.007i, -101,63% 0.00% -2507.13% 1,750.00 13,000.00 186,578.00 1.600.40 6.0101.00 1,470.00 210,398.110 1.412.18 339.62 19.3105 9,730.26 3,169.74 29.0077 167.151444 17,427,56 9,3494 373,09 1,221 91 76,3700 4,746.04 1,253.96 20.907,6 210.00 1,260.00 85.717', 185,127.01 25,270,99 12.0174 17ntite project budgeted ill June Peta'4,7 Full Tear 317.5 - Ice & Slum Removal BUDGET BUDGET 2015 'a io date Month Ln008capIng Material 0.00 100.00% 0.00 Sand/Salt 80,000,00 29,66% 11.00 Con tiaci SO N10-, 6,000.00 0.00% 500.00 Repairs001MM Equipment 9.5110.00 95,2250 $50510 Total lee Sr Souse Remus al 95,500.00 35,1.5% 1.350.011 NIONTEI 211) ACTUAL Variance (5) Varian, 20 BUDGET ACT UAL Vanance (5) Variance CO (Month NIontli A101104 Yro VTD 1.1-1) VTD 0.00 00M 0.002a 0.00 79-1,14 (794.14) -100.0050 0.011 OA 0M0, 45,000.00 23.724.41 21,275,59 47.2.571 11.00 503,00 l00u0.; 3,500.00 0.00 3.500.00 100.001, 0.011 550310 1000021 5,450.00 9,045.92 (.3,595 921 .65.98a Includes 57,200 for 5110, plow blade: 0.00 1,351300 100,0050 53,950.00 33,56.1.47 214385.53 37,79% 3160 - Street Lighting Sorel Lighling 28,0011.00 473550 2350.00 2.019.85 330.12 14.052a 16,450,00 13.257.55 3,192.45 19.4 rro Total Street Lighting 28,000.00 47_1550 2350,00 2,019.118 330.12 14.0550 16,450,00 13,257.55 3,192.45 19.4150 320n- Recycling Rceycl Mg Sunni ici 3,51111,101 001% 0.00 Miscellaneous 6,000.00 9.477, 500.00 Total Recycling 9,500.00 5,921%. 6410.00 .3250 - Tree Program Coniinct SerAces 6,000,00 0,00% 50000 Tnral Tree Prugrain 60110.1/0 0.0119' 500,00 0.00 0,00 0.0050 1,750,00 11.00 0.01 500.00 100,00% 3,500.00 56E113 0,00 500.00 100.0U% 5,250.00 568.03 1,7.50.00 2.9)1.97 4,681.97 85.77% 89.18% (LOU 500E0 10130050 3,500.00 0310 3500.00 1003100.'. 0,110 500.00 1011.0050 3,500.110 0.011 3,500.00 1 IMAM% To Public Works 741,773,00 SAW. 36,347,69 173,1105,1 L (116,517.42) -375.38% 519,413.19 433,427,73 86,485.46 16.6350 neta)1_4 01°,0T 450 ,. CULTURE., RECREATIO 'nil Vern MONTH VTD BUDUE V BUDGET ACTUAL Valiance (6) Variance 16e1 BUDGE If ACTUAL Varinrwe (6) Variance V,T 5200, Parks .6 Itccreolion 2015 % to dale MO11111 1% lentil aloud! Mond, YTO V11) YID 171) FT SihrleS 77.847,00 101.46% 5,936.23 1(,026 83 15306,611) 4-3,14% 44.911.73 78,987.35 (24,075.62) ..75.57% l'oMtion switch from neavellIployec al 10,11,:r MIC 10 long term no VI Salaries 6,820.110 157.18% 524.62 4.367,00 13,842,381 -732.4103 3,934.62 10,719.63 (6.7)5,01) ,172.4406 PER A Contributions 5,644,00 101.83% 434.15 723.63 (291.48) -67,1.1% 3.256 15 5.7-17,43 (2.491,2S) ,76.510, FICA Coniributions 5,249.00 101.71% .103.77 927 .16 (5)839) -178.3906 3,028.27 5-336.66 t2.3111,39) -76.29% hIcelicare Contrihntions 1,224.00 101.67% 94,16 7(5.65 1121,19) -1783063 708.46 1,246.51 (540.05) .76,23"0 Ileallh/Donal Instil all.: 19,940.0(1 54,56% 1,533.85 1,430.811 03,05 5.41'e 11,511315 10,880.20 623.65 5.41% Unemployment lienelits 0,00 0.00% 0.00 11.011 OA 0.00°0 0.00 0.00 01)11 0.0006 Workers Compansanon 4,000.00 114.27% 0 00 0.00 0,00 0,00% 4.0911.00 4,570.91 (370.911 .14.27% Shop N1,1106015 5011,00 141,52./0 40,00 61.60 (21.66) .54.50)3 280.00 712.61 (437.6)) .154.5(106 Chemicals 750.00 64.96°A 62,50 0.00 67.50 I 00,0014 437.50 407,16 09.60 -1 i 360a E9u13iner0 l'otts 2,000,00 70,1706- 165.00 000 165.00 1011.1100, 1,155.00 1,403.43 (246,4.1) -21.315s Fluilding Repair Supplies 500.08 15,26% .10.00 0.011 4000 1011.00% 700.00 76,32 2.03.63 77.7406 Landscaping 0Lao:1(111s 3,001011 54.70"/e 750 06 242.811 7.29 2.6013 1,750,110 1.6.11,01 108.96 673°. Small Tools and Minor Equip 1.000.00 156.46% 85.00 106.43 01.43/ -75.71'0 590.110 1,564,60 (974.001 -165, IWO Mileage 0.00 11.010'4, 11.00 0.00 0,00 0.01113 000 0.03 0.00 0.001 Insurance 3,2110.00 95.03% 11.10! 0.00 0,00 0,000, 3,200,00 3,041.00 159,110 4.9793, Electric 111314 8,500.110 69.6306 600.00 738.12 (138.(2) -23.025o 4.750,00 5.922.49 11.177.491 -2(1.669, Rama 2,500.00 0,11006' 200,33 11.00 208.33 1000000 1.453.31 roo 1,456.31 100.003 0cpz0303103n1 111d).! 1,000,00 128.41./!, 85.00 0.00 05.00 100.005) 590.00 1,78407 (694.07) -117.64's Repair/Maim NOT Bldg 2,500,00 46.2106 215.00 43.50 151,50 80.6700 1.475.00 1,155.23 317.77 21.08% Repair/Maim Equip 1,500.00 0.01106 125.00 117,75 7,75 (00TYJS(, 875.00 117.75 757,25 06.541) 0ude' Builslinv 4,600.00 04.9506 383.33 /14600 (462.67) .12.0.706-;, 2,663.31 3,907.78 (1,724.47) -43,63°6 tsliseellaneons 751.1111 114.95% 62.50 11410 62,50 100,0006 437.51/ 662,(0 (424.6)) .97.0506 'I Mal Yorks & Recreation 153,1.128.00 96.2761.3, 11,310,74 20,004,47 (9,55173) -84.471'. 91,30-1.70 139.668,27 (48,363.57) -52.9706 & Telephone I TIlardwarc 9,100-00 55,53'5, 0,00 0.00 0.00 0.0016 4,550,00 5.052.98 002.981 ..I 1,0550 11-Snliaare 16,000411/ 46.93% 1,333.00 0.00 1,33300 100310% 9,331,00 7,5118.00 1.823.09 19,540) IT,Support Service, 3600,110 65,59% 3,000.00 5,907.84 C2,902.8,11 -96.76°,0 21,000.00 73.611.36 12,611.361 -12.445., IT-Nelteolhinp, 7,800,00 005% 0.00 0.00 0.00 0,0055 3.900.00 MU 3,901,.nn toomir•,, 1NET Contingency 16,000110 0.1100'. 02!0 0.00 0.00 0.0006 ' 16,000.00 0.60 16.0110.00 11./0.0006 Telephone 24.660.00 44.71% 2,055 00 1,926,59 128.41 6.25% 14,38500 11.023.90 3,359,10 23.3515 0633' IT ..C.: Telephone 107,50.00 43.08% 6,388,110 7,829.43 11,441.43) .21-.5606 69,166,00 47.1911,24 21,967.76 31,76% Grand Taint all Eapenses 3.316.216,110 55.98%1 217,1118.64 326,109,52 (109,11011.681 -50.2106 1,991,204.09 1,856,35.5,58 13.1,848.51 6,7706 S01,1001 NO IfICIIMC on,, Elpellil, 482,118.00 16,906 1,215,698,11 1,119,527.07 (96,171.04) 7.9106 (30,326.04) 89,577.52 119904„16 395,37../. Mr r 460 - C03110 031./.1 35,1100.00 0.01/./0 0.00 0 Ut) 0.00 11,00.,,, 0.00 11.00 0.00 0.0006 Dein Service Increase 247,118.00 0,006sa 0.00 0,06 0.01) 0.0003 0.00 0.00 0.00 0.01306 1 ransfrr to Cily Projects (Streets) 0„00 00% 0.00 0.00 0.011 0.0003 0.00 0,00 OAP 0,00°'1 1/120T 493,, 0711 F. INANC1NC 200,000.00 11.00% 0,00 0,00 0.00 0.000) 0.00 0,00 0,00 0,001i GRAND TOTAL 1:313' ALL DE0TS 3,798,334.00 46.87%1 217,108.64 326,1119„52 (109,000.88) -50.21% 1,991,204.09 1.1156.35558 134,848.51 6.77% Net Income liner Espenses (0.00 0.60% 1,215,698,11 1,119,527.07 (96,17104) 7.9)% _326,04) 89,577,52 (19 9331,30 395,3706 ollLake Elmo Budget to Actual 2015 fly kInnth As of.hilv 11.2015 206-Libmry Fund flv Denartment Full Year Month BUDGET 2015 2015 2015 % to date BUDGET ACTUALS REVENUE Current Ad Valorem Tapes 231,261.00 50.001', 115.630.50 115,630.50 Rental Income I 1..400.00 180.26% 950.00 400,00 Interest Enniings 0.00 0.0031, 0.00 0.00 Miscellaneous Revenue 0.00 0.00% 0.00 0.00 Donations 0.00 100.00% 0.00 25.00 Total Revenue 242,661,00 56.71% 116.580.50 116,055.50 EXPENSE FT Salaries PT Salaries PERA Contributions FICA Contribulions Medicare Contributions Elea 'LILT/era& Insurance Unemployment Benefits Workers Compensation Library svcs supplies Office Supplies Library Collection hlaintenance Legal Services Contract Services 'felt:011one Internet Information 'Technology t Equino Software Refuse Repilio'Nlaint Bldg RepairNaint NOT Bldg Repair/Maint Equip rout-L11 linp Library Card Reimbursements Miscellaneous Building Purchase Reprin Building -Property Tnx Other Equipment Subscriptions Conferences St Training Programs Internal charges Total Library Net Inenme/(Expense) 12131/14 Cash Balance Net Incoinei(Expense) Accrued AP C1P (se(f funded) Contingencies 2(114 AP accrual reversal YTD Over/ 2015 2015 Over! (under) BUDGET ACTIIALS (under) Nines 0.00 115,630.50 115.630.50 0.00 Funds received from WA Cly July told December (550.00) 6,650.00 20,550.00 13,900.00 Includes St5k delinquent rent from prior tenuant 0,00 9,00 0.00 0.00 0.00 0.00 200.55 200.55 Revenue from use of copier 25.00 0,00 1,235.00 1,235.00 (525.00) 122,280.50 137,616.05 15,335.55 (Over)! (Over)/ under under 45,000.00 58.17% 3,750.00 3,460,86 289.14 26,250,00 26,17632 73.68 16,000,00 20.34% 1,333.33 1,015.00 318.33 9,333.33 3,255.00 6,078.33 4,422.50 49.54% 368,54 335.69 32.85 1579,79 2.190,84 .388.95 3,782.00 44,87% 315.17 261,91 53.26 2,206,17 1,696,93 509.24 884,50 44.87% 73,71 61.26 12.45 515.96 396.89 119.07 11,987.00 68.07"/r, 998,92 1,088,00 (89.08) 6,992.42 8,160,00 (1,167.58) Budget showed comistent inonihly cost: not impact 0.00 0.00% 0.00 0.00 0.00 0,00 0.00 0.00 of multiple pay period months 350,00 0.00% 0.00 0,00 0.00 350.00 0.00 350.00 I ,100.00 0,009'o 91,67 0.00 91.67 641.68 0,00 641.68 4,100,00 2.89% 341.67 0.00 341.67 2,391.69 118.67 2,273.02 49,700.00 26.94% 4.141,67 923.75 1.217.92 28,991,67 13,387.78 15.603,89 2,000.00 63.03% U.00 0.00 0.00 1,000,00 1.260.50 (260,50) Cost to recover delinquent rent from prior icnnant 3,000.00 3,45% 250.00 0.00 250.00 1,750.00 103.50 1,646.50 Snow Plowing 1,600.00 56.32% 133.33 128.46 4,87 933.31 901.05 32,26 1,000.00 38.63% 83.33 115.00 (31,67) 583.33 386.29 197,04 3,220.00 96.27% 0.00 0.00 0.00 3,220,00 3,100.00 120.00 0.00 0.00% 0,00 0,00 0.00 0,00 0,00 0.00 2,700.00 69.7434 0.00 0.00 0.00 1.350.00 1.883.00 (533.00) 7,550,00 56.19% 666.66 641.25 25,41 4,416.62 4,242.69 173.93 550,00 63.27% 45,83 49.89 (4.06) 320.81 343.01 (27.20) 14.000.00 128.20% 1,166,67 455.00 711.67 8,166.67 17.947.50 19,730,831 YID includes Roof repairs 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00% 0.00 0,00 0.00 0.00 420.00 (420.00) 24,000.00 67.97% 2.000.00 3,255.00 (1,255.00) 18,000,00 16,312.34 1,687.66 Library card reinib are processed by County ell' 5/1 /1 5 2,000,00 14.68% 166,66 0.00 166,66 1.166.62 293.62 873.00 0.00 0,0030 0.00 0,00 0.00 0.00 0.00 0.00 2.600.00 44.88% 0.00 0.00 0.00 1,300.00 1,167,00 133.00 0.00 100.00% 0.00 738.00 (738,00) 0.00 738.00 (738.00) 0.00 0,00% 0.00 0,00 0.00 0.00 0,00 0.00 2,500,00 0,0030 0.00 0.00 0,00 0,00 0.00 0,00 7,500.00 0,0030 625.00 0.00 625.00 4.375.00 0.00 4,375,00 1,600.00 25.389', 130.00 14.00 116.00 950.00 406.00 544.00 52 per card processing fee plus billable Ciry resources 213,146,00 49.2130 16,682.16 12,543.07 4,139.09 127,785.07 104,891.93 22,893,14 99,89834 103,512.43 3,614.09 (5,504,57) 32,724,12 38.228.69 „,. ...._ 3.62% .694.4996 172,205.10 206,40726 29,515.00 32,724.12 (3,703.87) 00.000,00) 0.00 Ending_ Caslt 13-'^oce ,720. 235,427.51 flIFCITy li\KE ELM AYOR & COUNCIL COMMUNICATION DATE: September 1, 2015 CONSENT ITEM #4 MOTION AGENDA ITEM: Approve Setting the Truth in Taxation Public Hearing Date for the 2016 Budget and Tax Levy SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Julie Johnson, City Clerk SUGGESTED ORDER OF BUSINESS: Introduction of Item ... City Administrator cport/P resentation................. . „ , Administrator Questions from Council to Staff ..... Mayor 'Facilitates Call for Motion ....... ..... Mayor & City Council Discussion ......... .... &. City Council Action on MO11011 .......... ...... Mayor Fite' litates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is respectfully asked to consider setting the Truth in Taxation Public Meeting date as required by State law for December 1, 2015. No specific motion is needed as this is recommended to be part of the overall approval of the ConsentAgenda. BACKGROUND INFORMATION: Each year the City Council is responsible for choosing the date of the meeting where the annual budget and levy will be discussed and where the public will be allowed to speak. STAFF REPORT: The City is required to conduct a meeting where the budget and levy will be discussed and the public will be allowed to speak at a regular scheduled City Council meeting. Staff recommends the fulfillment of this requirement on December 1, 2015 at 7:00 p.m. as part of the regularly scheduled City Council meeting. -- page 1 -- City Council Meeting [Consent Agenda Item #4] September 1, 2015 RECOMMENDATION: It is recommended that the City Council approve the date of December 1, 2015 for the meeting to discuss the 2016 budget and levy. ATTACHMENT: 1. Resolution 2015-66 -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2015-66 A RESOLUTION SETTING THE TRUTH IN TAXATION PUBLIC HEARING DATE FOR THE 2016 BUDGET AND TAX LEVY WHEREAS, the City of Lake Elmo is required to set a single meeting for discussion and final approval of the 2016 budget and tax levy; and WHEREAS, the City will publish the date, time and location for the public meeting; and WHEREAS, the public will be given the opportunity to speak. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo has set December 1, 2015 at 7:00 p.m. as the public meeting date for the final adoption of the 2016 budget and tax levy. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS FIRST DAY OF SEPTEMBER 2015. CITY COUNCIL CITY OF LAKE ELMO By: ATTEST: Julie Johnson City Clerk Resolution 2015-66 Mike Pearson Mayor TT IN CITY ( LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: A YOR & COUNCIL CO UNICATION DATE: September 1, 2015 CONSENT ITEM # 5 39th Street Improvements — Approve Proposal for Tree Replacement Chad Isakson, Project Engineer Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGEST El) ( )RD ER OF 13 US] NESS if removed from the Consent /1tefula): - Questions from Council to ..... Mayor Facilitates - Public Input, it' Appropriate.. ..... _ _ ..... ........Nlayor Facili tates - Call lor Motion ...... .......„................ ..... Mayor & City ('011licil - Discussion ...... ...... & City Council - Action on Motion__ ......... ...... ...„.„.. Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $2,739.65. The amount of $2,739.65 would be paid to Abrahamson Nurseries for the replacement of 5 trees at 10390 39th Street North. The amount would be charged against the 39th Street: Street and Sanitary Sewer Improvement project fund since the replacement is related to the removal of 5 existing trees to implement the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as port o 'the Consent Agenda, the proposal from Abrahamson Nurseries in the amount of $2,739.65 to complete the installation of five (5) 2.5-inch maple trees at 10390 39th Street North. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve the Proposal from Abrahamson Nurseries in the not to exceed amount of $2,739.65 for the installation offive (5) 2.5-inch maple trees at 10390 39" Street North." -- page City Council Meeting [Consent Agenda Item 51 September 1, 2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: To facilitate the construction of the 39th Street North: Street and Sanitary Sewer Improvements Project, it was required to remove five (5) existing boulevard trees located in front of the property at 10390 39th Street North. As a matter of obtaining waiver of assessment agreements from the property owners the City agreed to pay for replacement trees in kind for the boulevard trees that were taken down. The attached proposal from Abrahamson Nurseries dated July 27, 2015 was obtained by the property owner and is consistent with a standard size and type of tree the City would plant in a boulevard area for a collector roadway. RECOMMENDATION: Staff is recommendingthat the City Council approve, as part of the Consent Agenda, the proposal from Abrahamson Nurseries in the amount of $2,739.65 to complete the installation of five (5) 2.5-inch maple trees at 10390 39th Street North. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve the Proposal from Abrahamson Nurseries in the not to exceed amount of $2,739.65 for the Installation offive (5) 2.5-inch maple trees at 10390 39th Street North." ATTACHMENT(S): 1. Abrahamson Nurseries Proposal dated July 27, 2015. 2. Attorney Letter dated August 5, 2014. 3. Lawson Petition Waiver Amendment dated August 5, 2014. -- page 2 -- Proposal ABRAHAMSON NURSERIES 20021 St. Croix Trail North 2100 Tower Drive Scandia, MN 55073 Stillwater, MN 55082 433-2431 439-2140 Date: 7/27/2015 Submitted To: OLD VILLAGE OFFICE CONDOMINIUMS Street: 10390 39TH ST N City, State, Zip: LAKE ELMO, MN We Propose hereby to furnish material and labor - complete in accordance with specifications below, for the sum of: $2,739.65 WITH CASH/CHECK (ADD 3% IF PAYING WITH CREDIT CARD) Payment to be mode os follows: In full upon completion. All material is guaranteed to be as specified, All work to be completed in a workmanlike manner according to standard practices. Any alteration from specifications below involving extra costs will he executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance, AUTHORIZED Note: This proposal may be withdrawn SIGNATURE: by us if not accepted within 30 days. al Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. la) Under Minnesota law, you have the right to pay persons 'MK/ supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or materials for the improvement and who gave you timely notice. We are pleased to submit the following estimate for: QTY, DESCRIPTION 1257 State Road 35 St, Croix Falls, WI 54024 715-483-3040 Mike Lynskey 439-1412 John Mead 777-7603 Email Address: mikePlynskeyclark.com SIZE MAPLE TREES: SUGAR, RUBRUM OR AUTUMN BLAZE 2.5" MATERIALS, TAX, AND LABOR IF PAYING BY CHECK/CASH: ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified, Payment will be made as stated above, Acceptance Date: gnature; $2,739,65 LAWSON PROVIDING LEGAL SERVICES FOR OVER. 100 YEARS 411/11/3 August 5, 2014 Mr. Dean Zuleger City Administrator City of Lake Elmo 3800 Laverne Avenue North Ms. David Snyder Attorney at Law 56 East Broadway Avenue #206 Forest Lake, MN 55025 (14)1 X TITLE Mr. Jack Griffin FOCUS ENGINEERING, INC. jack.griffin@focusengineeringinc.com Re: Amendment to 39th Street Improvement Petition and Waiver Agreements Gentlemen: Attached hereto please find a fully executed Amendment to Petition and Waiver Agreements that have been signed by Lake Elmo Professional Center, LLP. This document has been amended pursuant to my conversation with Mr. Zuleger. Mr, Zuleger indicated that the City would be willing to amend the project documents to preserve the large trees along the boulevard in front of our building. While we hope nothing will happen to those trees during construction, we are aware that things can and do happen and, therefore, have added that in the event the trees do not survive the construction, that the trees will be replaced with comparable trees at the City's expense. If there are any questions, concerns or other proposed changes to this Agreement, please let me know. I spoke with Mr. Zuleger about having an extended period of time in which to hook up to the sewer system, since our building has a somewhat newer septic system and is not in need of sewer at this time. I would appreciate the continued consideration in this matter. As you are aware, our Partnership does not have growth potential and so it's incentive may not be as aligned with the City and other landowners, but in the interest of the City and our neighbors, we have agreed to sign the Amendment with the noted change. 10390 39m STREET NORTI-1•LAKE ELMO. iv1N.55042•TEL,: 651-77769600FAX: 651-777-8937 Rodoricl; (Rel.) 10,!, mond 0, ro!In NIcDHlolki • TI•decy A, (4)1,-,,,,,-itz • \vim", T, Ariisiriu Nu;-111,1011 WWW.LAWSONLAWFIRIV1.CONI Mr. Dean Zuleger, Mr. David Snyder and Mr. Jack Griffin August 5, 2014 Page Two. If you have any further questions or concerns, please feel free to contact me. Sincerely, Tracey A. Galowi z TAG:mas Enclosures AMENDMENT TO PETITION AND WAIVER AGREEMENT This Amendment to Petition and Waiver Agreement made this day of 2014, by and between the City of Lake Elmo, a Minnesota municipal corporation ("City"), and Lake Elmo Professional Center, LLP, a Minnesota limited liability partnership ("Owner"). WITNESSETH: WHEREAS, Owner is the fee owner of certain real property located in the City, the legal description of which is shown on Exhibit A, attached hereto and hereby made a part hereof; and WHEREAS, the undersigned parties to the Petition and Waiver Agreement dated May 22, 2014 (the "Agreement") desire to amend the assessment amount stated in the Agreement. NOW, THEREFORE, it is agreed as follows: 1. The undersigned parties amend the agreement to: a. Replace the assessment amount of $7,762.18 listed in the Agreement with the amended amount of $8,964.00. /ua ac All other rterins and conditions shall remain th 4 /J./ / Acd,,,,,,,,0 iii /IL 5/..,:e .1 / er - ,A/,./ j, 11 it ' / IN' WI NES WHEREOF, the parties have set above. a/1 7/ e;i-JC4-4_ e4 hands the day and year first written {SIGNATURES ON FOLLOWING PAGES} STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON CITY OF LAKE ELMO By: By: Mike Pearson, Mayor Dean Zuleger, City Administrator The foregoing instrument was acknowledged before me this day of 2014, by Mike Pearson and Dean Zuleger, the Mayor and City Administrator, respectively, of the City of Lake Elmo, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public 2 STATE OF 1VIINNESOTA ) ss. COUNTY OF Wbirtc OWNER LAKE ELMO PROFESSIONAL CENTER, LLP On this day of Nig 05 , 2014, the foregoing instrument was acknowledged before me, a Notary Public, within and for said County and State, personally appeared rraz4 y A., Cla.lou3 the Pal-A-r of Lake Elmo Professional Center, LLP, a limited liability partnership, who signed the foregoing instrument and acknowledged said instrument to be the free act and deed of said limited liability partnership. MAURAA, SEVERIN Notary Public Minnesota Eyir,es Janury_312,2CL15 L/ito..A.a_Ax Notary Public EXHIBIT A (Legal Description) PID; 13-029-21-21-0012 Unit 2, CIC No. 318, Lake Elmo Old Village Condominiums, Washington County, Minnesota. . 4 TI IF (Try ( LAKE ELN1O AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: A YOR & COUNCIL CO UNICATION DATE: September 1, 2015 CONSENT ITEM # 6 2014 Street Improvements — Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment Ryan Stempski, Project Engineer Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director Dave Snyder, City Attomey SUGGE. ) ORDER OF BUSINESS if removed from the Consent Agendat - Questions from Council to Mayor Facilitates Public Input, ilAppropriate...................... .... .............Mayor Facilitates Call for Motion Mayor & City Council Discussion ..... .......... ...... ..... Mayor & City Council Action on Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Calling a final assessment hearing follows state statute for assessing benefitting properties for the street improvements constructed in 2014. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider, as part of the consent agenda, declaring costs to be assessed, ordering preparation of the proposed assessment, and calling for the final assessment hearing for the 2014 Street Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: -- page 1 -- City Council Meeting [Consent Agenda Item 6] September 1, 2015 "Move to approve Resolution No. 2015-68; A Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the 2014 Street Improvements." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The 2014 Street Improvements have been completed and the total project costs are known. Final total project costs were 90% of the authorized project amounts, or $188,500 less than planned. Therefore the unit assessment rates may be reduced, at Council direction, to remain in line with the current assessment policies and practices, assessing 30% of eligible costs to residential properties in each project area. Staff is recommending a reduction in the assessments as outlined below. With the reduced project costs and assessment amounts, the City cost -share portion of the project is also reduced by $127,150, or 9.6% of the planned amount. Preliminary TOTAL PROJECT $1,744,150 City Share $1,322,350 Assessed Costs $491,400 UNIT ASSESSMENTS Packard Park Deer Pond Area Manning Trail *Tartan Park $6,000 (per unit) $6,400 (per unit) $3,200 (per unit) $95,800 (100% per foot) Final $1,561,891.41 $1,195,200 $429,200 $5,000 (per unit) $5,700 (per unit) $2,900 (per unit) $87,400 (100% per foot) Pursuant to Minnesota Statutes, Section 429 the council must declare the amount to be assessed against the benefiting properties and Call the Hearing on the Proposed Assessment for these improvements. The Assessment Hearing is proposed for October 6, 2015. The Final Assessment Roll rnust be certified to the County Auditor by November 30, 2015. Final special assessments for this project were established per the City's Special Assessment Policy. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Resolution No. 2015-68, thereby declaring the costs to be assessed to be $429,200; ordering the preparation of the proposed assessments with the unit assessments to be $5,700 for Deer Pond Trail and Court; $5,000 for the Packard Park neighborhood; and $2,900 for residential properties along Manning Trial; and $87,400 for Tartan Park, a non-residential property with 100% front footage to be assessed along Manning Trail; and Calling for the Hearing on the Proposed Assessments for October 6, 2015 at or around 7:00 PM. If removed from the consent agenda, the recommended motion is as follows: -- page 2 -- City Council Meeting [Consent Agenda Item 6J September 1, 2015 "Move to approve Resolution 2015-68; A Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the 2014 Street Improvements." ATTACHMENT(S): . Resolution No. 2015-68. Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll. 4. Final Project Cost Summary. -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-68 A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPA TION OF PROPOSED ASSESSMENT, AND CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2014 STREET IMPROVEMENTS WHEREAS, a contract has been let for the 2014 Street Improvements including a reclaim and overlay within the Packard Park neighborhood and reconstruction of Manning Trail N, Deer Pond Trail N, from Hidden Bay Trail to Jack Pine Trail and Deer Pond Court N; and WHEREAS, the total cost of the improvements will be $1,562,000; and WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, IT IS HEREBY RESOLVED, I The portion of the cost of such street improvements to be paid by the City is hereby declared to be $1,195,200, and the portion of the cost to be assessed against benefited property owners is declared to be 5429,200. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 3. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2016, and shall bear interest at the rate of 4.61 percent per annum from the date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 61' day of October, 2015, in the Council Chambers of the City Hall at or approxiinately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 Resolution No. 2015-68 days from the adoption of the assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the succeeding year ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIRST DAY OF SEPTEMBER 2015. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2015-68 CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT 2014 STREET IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the Council Chambers of the City Hall at or approximately after 7:00 P.M. on Tuesday, October 6, 2015, to consider, and possibly adopt, the proposed assessment against abutting property for the 2014 Street Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: Packard Park Area: The amount to be specially assessed against each particular lot, piece, or parcel of land located within the Packard Park Area, including 24th Street North from Lake Elmo Avenue to Legion Avenue; 24th Street Court North; Lansing Avenue North; 20111 Street Court North; and Legion Avenue North from 20th Street to 241h Street is $5,000. Manning Trail North: The amount to be specially assessed against each particular residential lot, piece, or parcel of land located along Manning Trail North from Manning Avenue to the City Limits is $2,900. The amount to be specially assessed against Tartan Park, the non-residential property along Manning Trail North from Manning Avenue to the City Limits is $87,400. Deer Pond Area: The amount to be specially assessed against each particular lot, piece, or parcel of land located within the Deer Pond Area, including Deer Pond Trail from Hidden Bay Trail to Jack Pine Trail; and Deer Pond Court is $5,700. You may at any time prior to certification of the assessment to the county auditor on November 21, 2015, pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 (date assessment certified to County Auditor) or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.61 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2016, and will bear interest at the rate of 4.61 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed street improvement assessment is $429,200. The City contribution for the street improvement project is S1,195,200. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council is authorized in its discretion to defer the payment of an assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person's military orders, for whom it would be a hardship to make the payinents. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: September 1, 2015 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale -Lake Elmo Review on September 9, 2015) CITY OF LAKE ELMO, MN. SEPTEMBER 2015 NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 NAME WALMAR BEVERLY & JACK TRS BROSSART DIANE 5 KRINGS MICHAEL R & PATRICIA A BRENGEN JOHN H & EMILY E CAPELING LAWRENCE L & YVONNE LARSON REUBEN A & GERALDINE R NICOSIA S CHRISTIAN & ROXANNE MODEAN JASON M & AMY L OSTARELLO BENJAMIN YARUSSO GENTILLE R JR & SHARON HOLDER VIRGINIA M TRS & J THOMAS MCHENRY TRS WALD LEON D & LORRAINE M JOHNSON DONNA M PETERSON CHARLES I &JUDITH BLANEYJAMES E & DAWN M FLANAGAN STEVEN J & SUSAN M SNELL JOHN B & JEANIE B BULTMAN PAUL A WILLIAMSON JUDITH C PEARSON RICHARD 0 & DIANE E LIPMAN ERIC L & KIMBERLY A CARLSON ERIC J & JANE L M SJERVEN GENE A & LORRAINE TRS 2014 STREET IMPROVEMENTS DEER POND COURT AND TRAIL NORTH FINAL ASSESSMENT ROLL ADDRESS 8203 HIDDEN BAY TRL N LAKE ELMO 8206 DEER POND TRL N LAKE ELMO 8220 DEER POND TRL N LAKE ELMO 8260 DEER POND TRL N LAKE ELMO 8281 DEER POND TRL N LAKE ELMO 8292 DEER POND TRL N LAKE ELMO 8295 DEER POND TRL N LAKE ELMO 8312 DEER POND TRL N LAKE ELMO 8323 DEER POND TRL N LAKE ELMO 8355 DEER POND TRL N LAKE ELMO 8390 DEER POND TRL N LAKE ELMO 8401 DEER POND TRL N LAKE ELMO 8405 DEER POND TRL N LAKE ELMO 8233 DEER POND CT N LAKE ELMO 8237 DEER POND CT N LAKE ELMO 8239 DEER POND CT N LAKE ELMO 8241 DEER POND CT N LAKE ELMO 8243 DEER POND CT N LAKE ELMO 8245 DEER POND CT N LAKE ELMO 8247 DEER POND CT N LAKE ELMO 8249 DEER POND CT N LAKE ELMO 8251 DEER POND CT N LAKE ELMO 8255 DEER POND CT N LAKE ELMO 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 PID 0902921320020 0902921320003 0902921320004 0902921310022 0902921340004 0902921310021 0902921340003 0902921310020 0902921340002 0902921340001 0902921310019 0902921310028 0902921310007 0902921330018 0902921330019 0902921330020 0902921330014 0902921330013 0902921330012 0902921330011 0902921330010 0902921330009 0902921330008 TOTAL PAGE 1 of 1 AMOUNT 5,700.00 5,700.00 5,700.00 5,700.00 5,700.00 5,700,00 5,700,00 5,700.00 5,700,00 5,700,00 5,700.00 5,700.00 5,700.00 5,700.00 5,700.00 5,700.00 5,700,00 5,700.00 5,700,00 5,700.00 5,700.00 5,700,00 5,700.00 131,100.00 CITY OF LAKE ELMO, MN. SEPTEMBER 2015 NO. 1 2 3 4 5 6 7 8 9 10 NAME TARTAN PARK LLC SELINSKI MICHAELJOSEPH NORMA L VALERI BEAN ROBERT D KIEKHAFER ALLEN L & MARCELLA ZWIEFEL MICHAEL P & COLLEEN M MORAN PEARSON RICHARD M & ANNE K SULLIVAN KOLLEEN F BIRD JAYNE E & RONALD E SCHMIDT LILLIAN M 2014 STREET IMPROVEMENTS MANNING TRAIL NORTH FINAL ASSESSMENT ROLL ADDRESS 11455 20TH ST N 1875 MANNING TRL N 1957 MANNING TRL N 1985 MANNING TRLN 2040 MANNING TRL N 2055 MANNING TRL N 2101 MANNING TRL N 2270 MANNING TRL N 2244 MANNING TRL N 2296 MANNING TRL N LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 PID 02502921120001 02502921110001 02502921110003 02502921110002 02402921440006 02402921440017 02402921440018 02402921440003 02402921440005 02402921410001 TOTAL PAGE 1 of 1 AMOUNT 87,400.00 2,900.00 2,900.00 2,900.00 2,900.00 2,900.00 2,900.00 2,900.00 2,900.00 2,900.00 113,500.00 CITY OF LAKE ELMO, MN. SEPTEMBER 2015 NO. — NAME ,.„ 1 SCHWARTZ STEVEN R 2 BUSH LARRY W & KATHRYN L 3 FEUERHERM FREDERICK P & NANCY 4 DAVIS PETER E &JEANNE E 5 SCHMELZ JONATHAN & CAROL 6 LAFAVOR RYAN B & NORMA P 7 VANDERKELEN GARY J TRS & MARLINE A VANDERKELEN TRS 8 HUNSTAD STEVE D & MERRI 1 9 JOHNSTON RAYMOND P & VICKIE 10 KONISZCZUK WALDEMAR & JANICE 11 FERGUSON ANTHONY G TRS 12 MOELLER WILLIAM P JR & MARGARET MOELLER 13 EITZMAN PHILIP D & DIANA M 14 SCHWABEL KENDRA K 15 GREUPNER GERALD W & PATRICIA 16 RYAN STEPHEN P & PATRICIA A 17 FOUT BRYAN JAMES & MOSEMAN & JOAN T MOSEMAN 18 ST MICHEL MARK L &JAMIE J 19 GESCHKE JAMES C & CLOE M 20 MATTISON DONALD W & FAY A 21 SMITH ADAM D 22 JOHNSON SCOTT & JUDITH A 23 BUCHECK DAVID J & ANN M 24 BERNIER RICHARD A TRS & LINDA K BERNIER TRS 25 BARTHOLOMEW CHERYL A & MICHAEL 26 DURAND MARY JEAN TRS 27 FAIRROW RICHARD S & SARAH M 28 COOK CHRISTOPHER P & KAREN F 29 JUNKER JEROME E & SANDRA L TRS & SANDRA L JUNKER T 30 BURNS JAMES A & BETH R 31 MORGAN DIANE TRUDEAU 2014 STREET IMPROVEMENTS PACKARD PARK AREA FINAL ASSESSMENT ROLL 2393 11140 11202 11233 11277 11350 11355 11420 2410 2430 2450 2455 2470 11365 11375 11385 11395 11407 2450 2359 2329 2320 2301 2257 2229 GREEN ACRES 11332 2075 11120 11130 11140 LAKE ELMO 24TH ST 24TH ST 24TH ST 24TH ST 24TH ST 24TH ST 24TH ST LANSING LANSING LANSING LANSING LANSING 24TH ST 24TH ST 24TH ST 24TH ST 24TH ST LEGION LEGION LEGION LEGION LEGION LEGION LEGION 20TH LEGION 20TH ST 20TH ST 20TH 5T 11150 20TH ST ADDRESS AVE N LAKE ELMO N LAKE ELMO N LAKE ELMO N LAKE ELMO N LAKE ELMO N LAKE ELMO N LAKE ELMO N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO CT N LAKE ELMO CT N LAKE ELMO CT N LAKE ELMO CT N LAKE ELMO CT N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO AVE N LAKE ELMO ST N LAKE ELMO AVE N LAKE ELMO CT N LAKE ELMO CT N LAKE ELMO CT N LAKE ELMO CT N LAKE ELMO 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 PAGE 1 of 1 PID AMOUNT 02402921320019 5,000.00 02402921320012 02402921320018 02402921310013 02402921310014 02402921310015 02402921310010 02402921310011 02402921310012 02402921320017 02402921320016 02402921310016 02402921320015 02402921310009 02407921310008 02402921310006 02402921310005 02402921310004 02402921310003 02402921420021 02402921420020 02402921310007 02402921420019 02402921420018 02402921430023 02402921340001 02402921430012 02402921330011 02402921330010 02402921330009 02402921330008 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000,00 5,000.00 5,000.00 5,000.00 5,0010,00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000,00 5,000.00 5,000,00 5,000.00 5,000,00 25,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 TOTAL 175,000.00 2014 STREET IMPROVEMENTS City of Lake Elmo, Minnesota Project No. 2013.135 LAKE ELMO PROJECT BUDGET SUMMARY REPORT - ENGINEERING SERVICES PROJECT BUDGET BY PHASE BUDGET CONTRACT TYPE JTD INVOICED % Feasibility Report $13,000.00 Lump Sum $12,998,09 100.0% Design/Bidding Phase Services $80,732.00 Hourly NTE $74,474.84 92.2% Construction Administration $55,668.00 Est. Hourly 529,347.00 52.7% Construction Staking $18,850,00 Est, Hourly $20,579,00 109.2% Construction Observation 568,600.00 Est. Hourly $39,046.45 56.9% Easement & Description $1,000,00 Hourly NTE $987,50 98.8% TOTAL Engineering Fees $237.850.00 $177,432.88 74.6% ADDITIONAL SERVICES BUDGET CONTRACT TYPE JTD INVOICED TOTAL Additional Services TOTAL ENGINEERING SERVICE FEES $237,850.00 PROJECT INFORMATION $177,432.88 74.6% TOTAL PROJECT BUDGET BREAKDOWN FEASIBILITY REPORT FINAL COST Construction Cost $1,380,000.00 $1,469,015.70 Change Order No. 1 $7,988.30 Compensating Change Order No. 2 - Reconcile bid quantities to actual. -$91,056.29 REVISED Contract Amount $1,380,000.00 $1,385,947.71 Contingencies $137,900,00 $0.00 Engineering Report and Design Phase Services $93,732.00 $88,460.43 Engineering Construction Phase Services $74,518.00 $59,926.00 Construction Observation $68,600.00 $39,046.45 Geotechnical Engineering $20,000.00 $12,022.30 Legal, Fiscal & Administration $39,000.00 $39,000,00 TOTAL PROJECT BUDGET $1,813,750.00 $1,624,402.89 Reimbursed from WLT: -$69,600,00 -$62,511,48 TOTAL PROJECT BUDGET - CITY OF LAKE ELMO $1,744,150.00 $1,561,891.41 2014 STREET IMPROVEMENTS - TOTAL ASSESSABLE PROJECT COSTS Preliminary Final $491,400 5429,200 Costs Assessed to Benefitting Properties Unit Assessments $1,322,350 $1,195,203 Ctty Shore of Street Improvement Casts Preliminary: Final: Packard Park $6,000 $5,000 Construction Start Date: July 8,2014 Deer Pond $6,400 $5,700 Substantial Completion Date: gee&ev4473044 October 31, 2014 Manning Trail $3,200 $2,900 Final Completion Date: January 20, 2015 Tartan Park $95,800 $87,400 City of Lake Elmo, Minnesota 2014 Street Improvements Project No, 2013,135 PAGE 1 IF. Fl" OF LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: 9/1/15 CONSENT ITEM AGENDA ITEM: Approve Tree Planting on Hill Trail SUBMITTED BY: Clark Schroeder THROUGH: Mayor Pearson and Councilmember Bloyer REVIEWED BY: Clark Schroeder Interim City Administrator SUGGESTED ORDER OF 13LISINESS: Introduction of Item Administrator leport/Presentation. .... 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: FISCAL IMPACT: Cost of 3 pine trees. SUMMARY AND ACTION REOUESTED: Staff has received a complaint relating to 8085 Hill Trail North. The building official has inspected the property and the owner of the property has agreed to mitigate life safety issues by removing all non -personal tires from his property. His inspection shows required screening of other materials and equipment. There remains a step van which has been the source of a complaint. It is parked on the owners property and the building official has confirmed that it is tabbed and operates. The right of way adjacent to it is wide enough to allow routine planting of conifers by the City. The staff proposes to add conifers in the City right of way to add additional screening. Cost will not exceed $700.00 RECOMMENDATION: Based on the aforementioned, the staff recommends the planting of 3 trees in the right of way at 8085 Hill Trail. -- page TI CA'FY OF I AKE ELM() AYOR & COUNCIL CO UNICATION DATE: 9/1/15 CONSENT ITEM 8 AGENDA ITEM: Eagle Point Boulevard Testing Contract SUBMITTED BY: Clark Schroeder THROUGH: Jack Griffin REVIEWED BY: Staff SUGGESTED ORDER OF B1JSINESS: Introduction of Item ..... ...... ...... City Administrator .Admiiiistrator uestions horn Council to Stalf.......... ........ „......................... Mayor Facilitates Call for .Motion ..... ........... ..... . ...... .......... Mayor & City Cmincil Discussion ..... ..... ............. ..... Mayor & City Council Action on ..... „ ......... ....... Mayor Facilitates POLICY RECOMMENDER: Jack Griffin FISCAL IMPACT: $16,186. Alt within the budgeted scope of the project SUMMARY AND ACTION REOUESTED: Amercian Engineering Testing Inc. (AET) is a company which Focus Engineering wishes to engage to do compliance testing for the road work being done on Eagle Point Boulevard. This contact will authorize AET to perform sampling and material testing services in accordance to the project specifications. RECOMMENDATION: Based on the aforementioned, staff reconunends that the city council direct the Administrator to sign this contract. -- page 1 -- AMERICAN ENGINEERING TESTING, ENC, August 19, 2015 City of Lake Elmo C/0 Focus Engineering, Inc. PO Box 22166 Eagan, MN 55122 Attn: Mr. Ryan Stempski, PE RE: Proposal for Construction and Materials Testing Eagle Point Boulevard Street & Utility Improvements Lake Elmo, Minnesota AET Proposal No. 20-13494 CONSULTANTS • ENVIRONMENTAL GEOTECHNICAL * MATERIALS • FORENSICS Dear Mr. Stempski; Thank you for the opportunity to provide a proposal to perform testing services on the referenced project. American Engineering Testing, Inc., (AET) is pleased to provide this proposal which presents our anticipated scope of services, our unit rates, and an estimated total cost to perform these services. Project Information We understand that the City of Lake -Elmo will be performing roadway improvements to Eagle Point Boulevard. The project will include a complete reconstruction of the pavement and subgrade along with improvements to the sanitary sewer, waterinain and storm sewer. The City of Lake Elmo will be performing the field engineering, construction staking and civil services for the project. We have reviewed the plans and specifications for the project. Project Approach During the construction improvements, AET will provide experienced, Mn/DOT certified Engineering Technicians to perform sampling and material testing services in accordance to the project specifications. Scope of Services Based on our review of the available plans and our experience with the City of Lake Elmo on similar projects, our anticipated scope of services is outlined below. These services will be provided on a part-time, will -call basis coordinated through authorized City field personnel. 5548 Barthel Industrial Drive NE, Suite 500 Albertville, MN 55301 Phone (763) 428-55731Toll Free 800-972-6364 IFax (763) 428-5575 I www.amengtest.com AA/EEO This document shall not t e reproduced, except in full, WithOUt WI nen approval from American Engineering Testing, Inc. &o�uyL 19,2015 Eagle Point Boulevard /\STProposal No, 2O'|S494 pa�u2nf4 Soils Sampling and Testing Our estimate of the sampling and u:stin- to be oorfonncd on the grading and base items is huxcd oil the projectspecifications AETwill perform Mu[)OT laboratory sieve analysis testing, usvvdl as in -place density and moiStUre testing on the followinDmaterials: ° Utility trench huckfiU. w Su6mndePrcpondinn w Aggregate Base Bituminous Pavement Samp]in�and Te�og As bituminous paving is being completed, a c��dicd Engineering Technician will obtain companion samples, provided by the contractor, during each day of paving. Samples will be tested ill Our laboratory for the following: ° Gyratory density, Rice specific gravity and VK4/\. • Asphalt extraction and aagre-ate gradation, After the oonopkiiom of the paving, we will obtain companion onno oump|ca, provided by dle contractor, for laboratory testing. This testing will include the following: ° The thickness o[each layer ofthe core sample. * The density nfeach layer o[tbccore sample. * Determination of the percent nf[}mrn (percent of maximum specific gravity) for density of each layer o[the core sample. If required, we can also run the Mr/DOT program to determine random more locations of bituooinous based on tonnage (lot sizes) and pavement placement patterns. This in/oonudoo will be aiven to BI'vi I to pass along to the paving contractor. Concrete Testing Durina the placement ofConcrete Curb and gutter, driveways, and sidewalk, AGTwill perform field testing Consisting Of SILIMP, air content and temperature of the plastic concrete, followed by casting, of cylinders for compression testing. Project specifications require utosLing frequency of one set o[plastic property testing per 5O0 lineal feet nfcurb & gutter axwell usone set n[three cylinders be cast for each plastic property test. The cylinders will be tested utonage of days, 28 days, with the third cylinder be held in reserve for future testing if the 28 day strength requirement bnot met in the 28day period. Estimated Few Our scn'icco will be provided on a unit cnzX hxnio according to dlc unit rates provided in dlc attached Fee Schedule. Our invoices will be determined 6vmultiplying the number o[personnel August 19, 2015 Eagle Point Boulevard AET Proposal No. 20-13494 Page 3 of 4 We have estimated a "minimurn required estimate" which estimates the tests needed to satisfy the requirements as defined in the MnDOT Schedule of Material Control. The "likely needed estimate" is the cost that we anticipate will be required to complete the previously described testing services, based on our experience and assumed scheduling of the project. Theretbre, we propose a budget cost estimate using the "likely needed" estimate of $16,186.00 for the scope of services outlined in this proposal. We refer you to the attached Materials Testing Estimate as reference to how we arrived at this estimated cost for the roadway. We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as weather delays, changes in the contractor's schedule, unforeseen conditions or retesting. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. Terms and Conditions All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Service Agreement Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third -party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. Acceptance We are submitting this proposal for acceptance. When it is accepted, we ask that a copy be signed by an authorized representative of the party responsible for payment for these services, and that this copy be returned Lo us as authorization to proceed. We have enclosed with this proposal a copy of the "Service Agreement." The terms contained in the "Service Agreement" are incorporated herein and are an integral part of this contract for professional engineering services. Acceptance of this proposal by the authorized signature, verbal authorization to proceed, or issuance of a purchase order, indicates that you understand and accept the terms and conditions contained in this proposal, including the "Services Agreement". August 19, 2015 Eagle Point Boulevard AET Proposal No. 20-13494 Page 4 of 4 General Remarks 1r you have any questions regarding this proposal, or if we can be of further assistance, please call me at (612) 685-6571 or Doug Trangsrud at (612) 790-7940 Sincerely, American Engineering Testing, Inc. Brian F. Arman Senior Project Manager barman(a!ameng.test.com (612) 685-6571 Attachments: Fee Schedule Tabulation PROPOSAL ACCEPTED BY: Signature:_ Printed Name: Company: Date: MIERIt'AN ENGINEERING TESTING, INC. Moteddi Materials Testing Estimate for Eagle Point Boulevard Street & Utility Improvements Lake Elmo, MN 25655 Oh/. Up, Edit. 26 litenches Los Ft 1.8131 Siii$didde Prop Sid 35 4 Grading Materdi Grad,.13/ 5Cf14, lcu ro Addreddle Bade • 636615 cu Yll 04, 6,0096 2501o3 SP 14e18181 Total Ton 006106060 03113 • Estiimatmi I 12260 9,880 3 650 413' 4 6 5r6 Agency Teating Freq. 4 56o.88.8e Den888 1 0010556 Proctart 16 ?eat:ye Der..ty 11250 feet al staidiote d‘idi‘e 8:9a6,0e Moisture 1/pd!emiled: 001000r0" 8.15,06ad60 Plied 1125 Ste Sand Cone (limn Reduestl Gratidi.on 1625,000 CU YO 108111 612,000006112 ,11o0,403 in Mark, sale) 18.10clear Density 6a08e realtel iU0011Ftenuest) 16 Glodo,o6,140011000105500011 YD) .ercent Cr8588icip per medal .5446050600061511111120111116414661 RelatAiti Moiditoe lizer ozoldc1 category" 15 OCP 1/5C0 YO 088[8.ved howly rate) 4 Mii.1,81 Gyratory Mix Prodertios (1 todifdayt,iiiiA lyael hiliOnt 818181:al 11601066660111)166611116116 litd8Yii 0n80an600Core '8400 ton) 15 046o511614063512 Cyl. der 100 CU YO) Testing 09 Plasda Ccncreite c0 sti at 3 cold/ 400 CLIVOI - Testde 016661060r.066 ConoitioTe Pitk.upfrorra Job Site 40 56 "Roidwo M.o 8wre To,t 601615606650646600006,064 64406ea6Gal.ge .e.,td rime and Mileage 14n0686 Certified 18,8dnicsdn Tone Mandiiicinerit Eslmale prepared by Brian Arran 00/ 810e Hr Hr Rale t$ 0 75 83 00 631 CO Total Cost Estimate = Quantilia 16016191316,064511 1.100 1,508 80 55 19 Subtotal. Minimum Likely 12,858,00 16,186.00 14,610,00 Cost 825.05 6,640 00 8,048 00 8.51100 # of Tests Card pm te8,0 Cast 18) 144070888 . Liketv (84 04.1414101 1,6116o 1 3 125 CO 125.60 31151.10 12 15 25 00 380 07 375 00...._ 15 00 9 00 0.03 2 4 2500 58 00 10,100 47 CO 6 a 2 2 19 2 6 12 12 6 21 2 a 18 18 1ike8/ Coot 1,12800.. 7.886 00 I 2,086 00 1 41,106,00 SO 00 Hay 25 00 90 00 165 00 445 00 15 00 515,80 36500 '14650 2 00 22.00 5355 Somidal 5555 90 CO 720 03 32.3 OD 890 00 0 CO 1028.00 0.00 270 03 36 00 264 09 240 1.83 4,345.00 380 89 550.45 I 0 00 1030.09 0 00 360 09 54 00 I 00 260 80 I 5,880.001 CONSTRUCTION SERVICE AsnEEMsmT-TcnxosxmocumomomS Page znrs SECTION z'RESPONSIBILITIES 1.1 —This Service xgreemen(—Tenns and Conditions ("terms and conditions") is applicable to all Services provided by American Engineering Testing, Inc. (\ET).As used herein "Services" refer to the scope of Services described /n the proposal submitted byAsTtnClient. The proposal, these terms and conditions and any appendices attached hereto shall comprise the x8rcenornt between xETand Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client's acceptance ofthe Agreement: l) issuing an authorizing purchase order for any ofthe Services, 2) authorizing AET's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. 1.2'Prior to AETperforming Services, Client will provide xETwith all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construcdon, all pertinent sections ofcontracts between Client and property owner, site safety plans orother documents which may control o, affect AO`,Semices. If new information becomes available orchan-es are made during A[T's Services' Client will provide such information to 4ETir a timely manner. Earthwork and construction acUvities are done tosupport a particular structure (type, d,e' and shape) or facility at a specific location and elevation. If the type of structure or facility (structural type' dce' shape, location, elevation, etc.) changes, the earthwork u,construction activities completed may no longer provide suitable structural support or be capable of supporting the intended construction. Additional earthwork or redesign of all or a part of the structure or facility may be needed. Failure of Client to timely notify AET of changes tothe project including, but not limited to, /qcobon. elevation, loading, or configuration of the structure or improvement will constitute a release of any liability u[AsT, Client will provide arepresentative for timely answers tpproject-related questions byAET. 13 AET observes and tests earthwork and other construction operations and materials, and may provide opinions' conclusions and recommendations regarding the same. However, xs7s Services do not relieve the contractors of their contractual responsibility to perform their work in accordance with approved plans, specifications and building code requirements. 1.£ AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor, AET cannot stop work or waive or alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior tothe start ofServices, 1.5 AETdo,s not perform construction management, general contracting or surveying services and our involvement with the project does not constitute any assumption vfthose responsibilities. 1,6' Services performed by AETnften include sampling at specific locations. Client acknowledges the limitations inherent in svmpDog. Variations in conditions occur between and beyond sampled/tested |pcativns. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations. 1.7 AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.8 Should change in conditions be alleged, Client agrees to notify A[Tbefore evidence of alleged change is no longer accessible for evaluation. 1.9 - Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base ofsuitable bearing sails are recommended for projects where supporting soils will besubjected toincreased loads ,oexplore the deeper unseen soil and ground water conditions. Judgments made byAETpersonnel regarding the suitability ofmaterials and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings/soundings are not provided by the Client prior to our observations and judgments. AE7sopinions, conclusions and recommendations are qualified ro that extent. 1.10 — Pricing in the proposal assumes use of these terms and conditions, AET reserves the right to amend pricing if Client requests modifications tnthe Agreement pruse ofClient's alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The prvposal and these terms and cundkions, including terms ofpayment, shall apply to all Services performed prior tothe effective date pfsuch amendment. 1.1l—The AETproposal accompanying these terms and conditions is valid for sixty (60) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AB`s right to revise the proposal as necessary. SECTION 2'WILL CALL SERVICES 2,1 |fAETs Services are performed on a will -call bads at the direction of the Client u,its authorized representatives, Client acknowledges the inherent limitations associated with performing engineering judgments and testing Services on awiU'ca|| basis, including without limitation, the inability to completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET's opinions, conclusions, and recommendations are qualified to the extent of those limitations, wCS 403r(10/14) AMm|mwENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 5 2.2 - Density tests of fill soils represent conditions only at the locations and elevations tested and donot necessarily represent conditions laterally or below, AFT can only provide judgments regarding the engineered N| system to adequately support the design construction loadings by monitoring the filling process on a continuous buds for consistency of soil tYp,, moisture content, lift thickness, and compaction effort. Z.]—AFT requires aminimum of24hours notice of the need for Services. AETwill not hcliable for claims, damages, nrdelays related tofailure ofClient toprovide adequate advance notice toAFT, SECTION u'SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING 3.l'Client will furnish AFT safe and legal site access. 5.2 AFT is not responsible for locating underground facilities on construction sites, Client shall ensure that underground facilities have been previously located and cleared. AFT will not be responsible for any damages to underground facilities not located or incorrectly identified, An underground facility is an underground line, fixture, system, and its appurtenances used to produce, gore' convey, transmit, or distribute communications, data, power, heat, gas, oil, petroleum products, water including storm water, steam, sewage, and similar substances. 3.3' The location and elevation of proposed structure or facility is staked (with offsets) and nzotpu||ed by surveying or GPS equipment by others. AE7, measurements are made in relation to that infonnadon. The reliability of any opin|pns, conclusions, and recommendations based on those measurements bstrictly dependent on the accuracy ofthe staking orGPS information provided byothers. 3.4' During construction, observations and testing Services are based on the positioning o(the formwork by the contractor or its subcontractor, AFT will not be responsible for any errors or damages resulting from improper location or positioning of the formwork. SECTION 4'SAFETY 4.1 Client shall inform AFT nfany known or suspected hazardous materials or unsafe conditions a,the site. Client or its authorized representative(s) is responsible for the safety of the jobsite. If, during the course of AFT's Services, such materials pr conditions are discovered, AETreserves the right mtake measures toprotect AFT personnel and equipment ortoimmediately terminate Services. Client shall beresponsible for payment nfsuch additional protection costs, 4.2 AFT shall only be responsible for safety ofAFT employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 5'SAMPLES 5.1 Client shall inform AFT of any known or suspected hazardous materials prior to submittal to AET, AH samples obtained by o, submitted ,o AFT remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will hereturned tothe Client arAB`sdiscretion. 5.2- Non -hazardous samples will he held for thirty (]o) days and then discarded unless, within thirty (30) days of the report date' the Client requests in writing that AFT store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION s'PROJECT RECORDS The original project records prepared by AFT will remain the property of AFT. AFT shall retain these original records for a minimum pfthree years following submission of the report, during which period the project records can bemade available to Client at AET'soffice atreasonable times, SECTION 7'STANDARD OF CARE AFT performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time ofthis service and inthis geographic area, under similar budgetary constraints. SECTION m'INSURANCE AFT maintains insurance with coverage and ||nnds shown below. AFT will furnish certificates of insurance to Client upon request. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 5 8.1 — AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional Liability Insurance Statutory Limits $lO0,000each accident $50\VOUdisease policy limit $100,000 disease each employee $1,0O0,O00each occurrence $1,000,000 aggregate $1,000,000 each accident $1,000,00per claim $1,000,000 aggregate 8.2 Commercial General Liability insurance will include coverage for Pmdvcts/[pmp|,ted Operations extending one (l) year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 8.3 Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles, 8/4 'Professional Liability Insurance is written on adaims'mxde basis and coverage will be maintained for one (1)year after final acceptance nfthe Project hyOwner. Renewal policies during this period shall maintain the same retroactive date. 8.5 -Tothe extent permitted hyapplicable state law, and only upon Client's signing ofthe proposal and return ufthesameto 4ET, Client and Owner shall be named an "additional insured" onAET, Commercial General Liability Policy (Form [G D4 1404 08' whlch includes blanket coverage for Prod uct5/Comp|etedOperations and on a Primary and Non -Contributory basis) and Automobile Liability Policy, Client and Owner shall be emended "waiver of subrogation" status for applicable coverages. Any other endorsement, coverage or policy requirement shall result in additional charges. 8.6 xETwi|i maintain in effect all 'insurance coverage required bythis Agreement atits sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business inthe state in which the project i,located and having cvrrent4^Kx, Best rating o[no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium, 8.7 AETresewes the right to charge Client for 4B`s costs for additional coverage requirements unknown an the date of the pmpcoa|' e.g.' coverage limits or policy modification including waiver ofsubrogation, additional insured endorsements and other project specific requirements, SECTION 9'DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items beyond 4ET's control, a reasonable time extension for performance of Services shall be granted, and AETsha|| receive an equitable fee adjustment, SECTION 1o'PAYMENT, INTEREST AND BREACH 10.1 - Invoices are due net thirty (30) days. Client will inform AET of invoice questions or disagreements within fifteen (15) days nfinvoice date; unless sninformed, invoices are deemed correct. lU.Z—C|ieoz agrees to pay interest on unpaid invoice balances at a rate of one and a half percent (1.5%) per month, or the maximum allowed bylaw, whichever |sless, beginning thirty (30)days after invoice date. oo3—Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach' to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in &ETspooeoion. |fClient fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 10.4 Client will pay all AETexpenses and attorney fees relating tocollection ofpast due invoices. SECTION zz'MEDIATION 11.1 Except for enforcement of A[rs rights to payment for Services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same, Client and A[T agree that any claim, dispute o, other matter in question arising out of or related to this Agreement shall he subject to mediation as a condition precedent to arbitration or the 'institution of legal or equitable proceedings by either party; provided however that it either party fails to respond to a request for mediation within sixty (VV) days, the party requesting mediation may without further notice, proceed toarbitration orthe institution cflegal nrequitable proceedings. CONSTRUCTION SERVICE AGREEMENT 'TERMS AND CONDITIONS Page 4ofs z1z'Mediation shall beinaccordance with the Construction Industry Mediation Rules ofthe American Arbitration Association, Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION zz'LITIGATION REIMBURSEMENT Except for matters relating to non-payment uffees, which is governed by Section 10.4 hereof, payment n[attnmcys fees and costs associated with lawsuits or arbitration of dispute, between AET and Client, which are dismissed or are judged substantially in either pam/s favor, shall be paid by the non -prevailing party. Applicable costs include, but are not limited to, attorney and exper- witness fees, court costs, and AET costs. SECTION z3'MUTUAL INDEMNIFICATION 13.1 Subject oothe limitations contained in Sections 14and l5'AETagrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services, 13.2 Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence ofthe Client, Owner, Client's contractors and subcontractors orother third parties. 133 - |{ Client has an indemnity agreement with other persons vr entities relating to the project for which AET's5enices are performed, the Client shall include AETasabeneficiary, 13.4 - AET'5 indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused hyits failure v/meet the standard of care and only to the extent of its negligence or intentional acts. SECTION 14-WAIVER VpCONSEQUENTIAL DAMAGES, woTxvn*SnAmmmG ANY OTHER Pnov|smm OF THIS AsnssxxcwT msnnEn PARTY SHALL as uAeuc TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, |wcmEmTxL On pummvs o4mAsEs }mcunnco svEm IF THE poss|a|Ury OF SUCH DAMAGES WAS pVncsssAaLE. CONSEQUENTIAL oAxxAacs INCLUDE, BUT ARE NOT um|T[V TO uJ3S OF USE AND LOSS oFINCOME onPROFIT. scCnVm15 LIMITATION VpLIABILITY Client agrees mlimit AETsliability mClient resulting from 4E7`negligent acts, errors oromissions, such that the total liability of AET shall not exceed $50,000. SECTION z6—UNIONIZATION AErreserves the right mnegotiate anappropriate fee increase ortoterminate its contract onthree (]) days written notice m Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint -venturers, contractors and subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly or indirectly related to ArTbainO required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. SECTION z7'POSTING opNOTICES OmEMPLOYEE RIGHTS EnectivcJunc 21, 2010, prime contracts with a value n<$l04nOV or more and signed by federal contractors on projects with any agency ofthe United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees oftheir rights under Federal labor laws. The required notice may be found at 29 Code of Federol ReQuIotions Part 471. Aooendix A to Suboart4. The regulation also has a "flow -down" requirement for subcontractors under the prime agreement for subcontracts with a value of$lO'O0O or more. AETrequires strict compliance of its subcontractors working on federal contracts subject tothis regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 18'TERMINATION After dam written notice, either party may elect to u:nnina*, work for justifiable "canons. In this event, the Client d,a|| pay AET -or all Services performed, including demobilization and reporting costs to complete the file. SECTION z9_SEXsnAo|urY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void' and all remaining provisions shall continue inforce, However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that bvalid and enforceable, and which comes asclose aspossible toexpressing the intent ofthe original provision. SECTION ZO'GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard mits conflicts nflaw provisions. ACS 403C(10/14) mwEmcAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 5 of 5 SECTION zz'ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, isthe entire agreement between AETand Client. Regardless cf method v(acceptance o[this Agreement bythe Client, this Agreement supersedes any previous written or oral agreements, including purchase/work orders orother Client agreements submitted tnAErafter the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will begiven uzrevisions m4Ers terms and conditions oralternate contract format submitted bythe Client asa condition for payment ofAE-7saccrued Services. s. 4 1 t 1 DATE: 09/01/2015 REGULAR AGENDA ITEM #9 AGENDA ITEM: Pebble Park Picnic Shelter SUBMITTED BY: Public Works Superintendent, Mike Bouthilet THROUGH: Parks Commission REVIEWED BY: Staff 77. SUGGESTED ORDER OF BUSINESS: Introduction of Item ....... .......... Mayor Report/Presentation....... ..... _Public Works Superintendent Questions from Council to Staff._ ..... . ......... ....... ............ Mayor Facilitates Call for Motion .......... ....... ........ ........... . ..... Mayor & City Council Discussion ..... ....... ........ ..... ......... Mayor & City Council Action on Motion ..... ..... ..................... ....... ........ ....... .............. Mayor Facilitates POLICY RECOMMENDER: Parks Commission FISCAL IMPACT: Up to $24,000 from Park Land Dedication Fund SUMMARY AND ACTION REOUESTED: The Parks Commission reviewed two bids for the purchase and installation of a picnic shelter in Pebble Park at the August 17, 2015 Parks Commission meeting The Commission voted unanimously to approve the bid from Webber Recreational Design, Inc. in the amount of $23,163.00. The bid from Northland Recreation was a total of S29,342.00. The shelter will be 20' x 24' with a 24' x 28' concrete slab. RECOMMENDATION: Based on the aforementioned, the staff recommends the following motion: "Motion to authorize expenditure of up to $24,000 from the Park Land Dedication Fundfor the purchase and installation of a picnic shelter in Pebble Park. -- page 1 -- t 4.12, Col trl. • MN 55933 {6511 •00-3630 raX; i651) 438..3039 itth3 G77,5 53 August 12, 2015 City of Lake Elmo ATTN: Mike Bouthilet 3800 Laverne Avenue North Lake Elmo, MN 55042 Pebble Park- ICON 20' x 24' Thank you for the opportunity to submit a shelter quote for Pebble Park in Lake Elmo. MN. RG20'x24Rectangular Gable Shelter $ 12,763.00 2x6 Tongue and Groove Roof Deck Multi Rib Roof Panels 4:12 Root Slope Gable End Ornamentation w/ Laser Cut Medallion on one end Sheet Steel CuIola Anchor Bolts & Templates Included Engineering-2 Calculation Books, 4 Sets of Drawings Powdercoat, frame only Base Covers for (4) Columns Freight to Jobsite 850.00 Total Delivered 20'x20' Shelter and Sales Tax $ 13,613.00 Installation of above shelter 3,200.00 24'x28' Concrete Pad and 4- Footings 6.350.00 Total Shelter, Installation, Footings and Slab $ 23,163.00 (Please note: footing and slab specs from my concrete guy is attached to the email. He quote spells out what he will be doing on this job. Please review (he concrete quote attached!) If there are any questions, please feel free to contact me. Call my cell (612) 581-4704. Sincerely, Jay Webber- President WEBBER RECREATIONAL DESIGN, INC. t1t1. Ht43ttjtt,t41•1(; Eftiutpftt,,t,I1 ;•4„tit,;rt,,,titl 501-.G, 5,n f41(ifIV fo Pcti. S1,441,ter.L. Ft11C, Ft1irlitt4tot,j2,Li.C1,115. itcre-h,,s i•Mtlatr,142 .1:1,01:4•,414,41 00(1., c. • COLUMN TO BASE PLATE DRAWING NO: 03 j- iC. (J1._ CRETE STRENGTH F'c = 2500 PSI R BAR GRADE Fy = 60 KSI SLAB IS REQUIRED. IF NO SLAB IS TO BE INSTALLED, CONTACT THE ICON ENGINEERING DEPARTMENT, (62'-6" (4) 3/4"x 14" F1554 ANCHOR RODS (6) #5 LONGITUDINAL BARS .„.„./COLUMN WITH NON —SHRINKING GROUT I I- 2'-6" DIAMETER OP OF FINISHED FLOOR 0 2" MIN T P COVER: (3) #4 TIES WITHIN TOP 6" OF FOOTING (5) #4 TIES EQUALLY SPACED THROUGHOUT REMAINDER OF DEPTH 03" ELECTRICAL ACCESS HOLE 3" MIN SIDE AND BOTTOM COVER. 01" ANCHOR HOW: (4) PLCS DATE: o LL Shelter Systems Inc 1455 LINCOLN AVE. 1•10LI_AND MI, 49423 PHONE: 616396.0919, 81./0.7421,149SS FAX: 616396.0944 DISTINCTIVE STEEL STIELTETZS www400N511ELThR5,00M ,10f14, ICON ENFLTEn STSTEMS. OF- 73-01,-0 06/12/2015 14:06 6514379609 FRANDRUP_MASDIRV PAGE 02/02 Estimate for 6240 190TH ST. E. • HASTINGS, MN 550 3 (651) 437-6072 frandrupmasonry@ mail.com To: City of Lake Elmo Project: Pebble Park Shelter Date: July 24.2O15 Contact: Mike Phone: 651-248'7828 Cel|� Fax: Email: MBouthilet@lakeelmo.org We are pleased to provide the following quotation on items supplied by PolignnPark Architecture Qty. Item Dmwcription! Unit Price Extension 1 RER Po|ignnGable Roof Shelter 2O'x24'wl Metal Roof Nlu|h Rib Roof with 4:12 Roof Pitch $12.970,00 ' Cupola (Metal Non Vented) $980'00 ' Electrical Access +(2)cutouts $450,00 ' Ornamentation °on(1) end cfstructure $2.20000 °Either Sunshine orLettered Arch &Medallion SHELTER TOTAL *16,610.00 Installation Costs Broken Out Below 1 Install Installation ofabove shelter only $5.700.00 1 Pad Supply/installation ofconcrete pad'Pour2'vvidereach side $4.032'00 1 Footings (4) Concrete footings for Sqr2Oshelter $3.OWO0 INSTALLATION TOTAL *12.732.00 Shelter above includes: Anchor Bolts, Engineered Dnswingo, 50|bSnow Load, SOmphWind Load, Freight ToLake Elmo °Site preparation and restoration byothers GwbTota| See Above °~This quote DOES NOT include any permits nrspecial inspections required Freight Included byUhechy. Does not include any excavation. Tax 6.875% Not Included Total IMPORTANT INFORMATION: ^ Quotation isvalid for: 3ODayo + Freight based unshipment k/Lake Elmo � Shipment can currently be made in - to be determined; based on shop drawing approval ^ Terms: Based oncredit approval -down payment may boveq, * Pricing based on above quantities — any changes may require a revised quotation. v Orders will beplaced upon receipt ofePurchase Order uryour signed acceptance nft1lisquotation. PoUgonbyPorteouorp 4z*om1omxAve nvnano,w/*nm^ Thank You! Northland Recreation, LLC Representative ACCEPTED BY: DATE: Northland Recreation, LLC, greatly appreciates your consideration of our proposal. If it is your desire to purchase any or all of the items listed in this proposal, we kindly ask that you sign your acceptance on both pages of this quotation and complete the following information to insure timely and accurate order entry. Bill to address: (if different from quote) Ship to address: (if different from quote) Delivery Contact: Phone Number(s): Desired Delivery Date: * Please Note: Many factors are involved in the manufacturer's actual ship dates. We will make every attempt to accommodate your preferred date. Purchase Order # (if applicable): * Please Note: Purchase orders to be made out to Northland Recreation LLC Is this project exempt from sales tax? * If YES, please include a completed Certificate of Exemption Color Selections (if applicable): Additional Comments: Terms: o 1 We understand that all accounts are payable to Northland Recreation LLC. according to the terms shown on each invoice, and if not paid on or before said date, are then delinquent. I / We agree to pay any and all service charges added each month to past due invoices. Terms are Net 30 days upon delivery with approved credit. O Unless notified in writing to the contrary, all charges are due and payable in full at: Northland Recreation LLC 10085 Bridgewater Bay Woodbury, MN 55129 O Credit approval may be required to complete this order. 0 Additional charges may apply for applicable sales tax, extra unloading time, incorrect delivery addresses, and/or cancellation of delivery without 24 hours prior notice_ o The Terms and Conditions of this signed quotation shall prevail over any inconsistent terms and conditions of a purchase order, contract and / or confirmation related to this project. ACCEPTED BY: DATE: .11 26 ., 1 •,,,,.14.4.4 , ., ^.1`,., t • , ,,, . . Sizes available: Standard bay spacing: Roof pitc;h: Optional roof pitches: I Roof decks: Jib Additional roofing: id Options anc Accessories. wwwiconsheiters,com industry shelters 800-748-089E, Parkland 2014 Fund Ataiv 1)ee inher.31. 2014 'end Reconeilial Balance its of Deecniber 3 1, 2a1 13 Expenditures: I andna:uk Archilechtnrol Sins Menards - Oakdale Yellowstone Track System Inc. Security Access Systems, Inc fC Ilydrosecdine 1311cllw Excavating 13uelow L-'xcavating St. Croix Recreation Co. Neel [inelgy Nhcber'll':Ictur [quipmeatt 1 andncnk Areh( echnrrrl Signs Sherwin \Villi:nns \lurau'dc - Oakdale Miracle Recreation Equipment C'tl St. ('roix Recreation Co. Midway Ford IZubbercvcle. LLC SI. Croix IZeereation (`a. in Cities Recreations, Inc [win Cities Recreations, Inc Titan Machinery- Rogers Flagship ( 'enlra 11V1zd Products Light up Lake Lhnu 3 rec Sponsor Focus lllgineerimg A 5/1.2014 r\ 5i31/20[4 6/ 17,'2014 13 6(30 2014 13 6`3012014 7/15/2014 13 7/15/2014 D 7(15;1,01.4 13 8/ 1912014 8/19/2014 A 9/16/2014 A 9/16/2014 9/16.2014 9+I6 2014 9116;21)14 9116/2014 9.30 2014 D 930/2014 D 9/30 2(114 D 1(1.'3112014 I (1/31 /2014 11;1812014 1 I/18/2014 I I/30/2014 12/3112014 Developer Parkland Dedication lees Received: Leonia* Parkland Dedication lee 6/25/2014 CM Properties (Kwik Trip) 8/14,2014 I?P Medical ('enter 9 25/2tl14 hunters (Yussiag 1111(1i2014 Actual Balance as nl' December .3 1, 21/14 Approved Developer Plats: funds yet to be receive Hammes Approved Expenditure. Oakland Jr. I1igh Shared let Court Sanctuary Park Equipment C Pebble Park - Phase I D VIA\' and Reid Park Ball Field Improvements 2 09,42 9.00 9,225.00 9,853.110 45.75(1,00 es Balance 891,058.54 Notes (14.1 10,00) 876.948.54 Dwnpnn LE, parks signage prMeet (50%) (3,885.931 873,062.61 tiIgo post, forsionarge project (5,485,001 867,577,61 frail Groomer - 2014 C11' (9,375,001 858 202.61 Gale - Swills!) Park (1,200.001 857,002,61 Grass - gate area - Sunfish Park (600.001 856,402.61 Dozer - granting - Reid Park (1,85(1.00) 854.552,61 Dozer • grading - Sunfish Park i 11,873,40) 842.679,21 (1,625,64) 841.053.57 (17,726,57) 823.327.011 [ltility vehicle {50%) (12,450,001 810,877,00 Balance dime un sign prujeck (742.55) 81IL134.45 Paint Mr sign project (187,781 139 ,946.67 Supplies [or'sagn )n't,j ct (8,546,50) 801,400.17 Playground borders (timhers) 133,003.00) 768,397.17 Playground equipment -Sanctuary (14,356,981 754,040,19 5039 or F-250 Tnaek purchase (I8,535,110) 735505,19 klulelt lilt Pebble Park & Sanctuary Park (25';,75°3,) (23250.601 712.'_54,59 Balance due - playground equip - Pebble Pork (6000,00) 706,254.59 Playground - Pebble Park 11 012) (6,992,60) 699261.9Y Playground • Pebble Park (2 ul_'1 13.327.751 695,934.24 'frrilcr for I ltility Vehicle 150"'01 1 15.313.t101 680,621.24 Gpkruux - Pebble Park (1,765.00) 678,856,24 \.lulch tin' Pebble Park - Zipkrooz (3)1.00) 678,826 24 Light up Lake 0lino Tress Sponsorship (157501 678,668,74 Parks and -flails Engineering support - Stdmpski 10:28,`14 ?i2.389,80) 888,097.74 897, 322.74 9(17,175.74 952,925,74 95" s,97 5.14 1,060,479.74 (64,000.00) 996,479.74 (28,095.75) 968,383,99 1 I0,171.65) 958,212.34 (11,584.1)0) 946,628.34 (113,851,40) Balance after all approved payouts 944,6283$4 Suzzli.h Park 11/16/ P -)jeel Sancltuuy I' Pebble Pal ;e I I n Dale .\ (31,376.261 13 114,050.641 C (46 904.25) l) (69.828,351 Balance 0,00 i.75 f31,376,26) (14,050.64) (75,1100.00) (60,000,00 ) Approved Cap 32916.00 18,000,00 75,000,0(1 80,00(1.00 Parkland Dedication lee Parkland Dedication Fee Parkland Dedication pee Parkland Dedication Fee c' d 21115 per Pl nnin updated numbers based on actual e ti)nates Approved by PC 6/ 16i 14: not to exceed amount ((.'lvel"j:li4N 1,539.74 3,949,36 0.00 (I,0O ('C Approval CC Approval 4i21/2014 4/23/20 14 4t21/2014 4/23/2)114 9i1612013 9,' 16/2_01 3 9/ 16,'_0 13 9=` 16/2013 Dwnpnu - playground equip - Pebble Park Phase 1 (1:31 NI 6/2014 Sunfish Park gate - Power intall price lending Ncc1 connection (es(imu 9116:2013 NA =Ii21i2014 4/21/2014 4/2It2)114 6/16:2014 6/16/_'014 N_\ 6:' 16t?(114 6116 2_014 616/2014 6'I6/20 14 NA 6/16 2014 6116/2014 Per email li 3/17.'2014 nil 6/2014 (,' 16,/7014 9/'1512014 I0/1l2013 1(11112(113 10/1/2013 10/ 112(113 7/ I'201-) 11) 1/2013 5:2012014 4.2312014 4/23.`2014 4(2312014 7/Ii2014 7/112(1l4 5'20/2014 71/2014 7I;'2014 7/U2014 7' 1120I4 5; 2_(1 2014 71 2014 71,2014 4/ 2_312(114 7`1:2014 7/ 1i2014 10= 7/2014 I rail paving left; no estimate v Shelter left to izzst.tll. au, stirzz City ol'I.ake Elmo Parkland Dedication Fond Reconciliation 2013 fund .\ctivii ;>s 1)1'J)dv 31. 2015 Date Balance as nl'I)ccumber 31. 201-I Y r 2014 limiest accrual Expendilures; Et:dance 952,923.74 Note, 7,795,00 NQYI-: "flits 1s hooked as pan or final year end close each year FO Rud & Sons 2!24/2015 (2,5311.50I Carriage Station Survey 1VIiI:KSI'ND 24/2015 (85.(1U1 Sunfish Lake Park Gate Sign Lillie Suburban Newspaper 21-241201S (6110.129, 1111 Public notice for public hearing I ofY )Il City Le Center 3/17/2015 0(II I landicap parking signs Washinghm C'onscreau ion District 4/311/2U 15 (149.4U) frees 1'iivale party Purchase 5/31 /21(15 (40(1,00) Manure Spreader Century fence C`ompane 5131239I5 (21 SS.11ll) VFW Held Century FuncrCnmpany 5/31/2015 I2.4-1515) Various (,/3)Ii2I115 (4(.397S.13) Arbor Day expenditures EC; Rud & Sons 6/30/2015 (7 76,T) Carriage Slaiion recisions: Outlot A Kamen Coup 6/30/2015 (S.utl ),OU) Sunfish hike Park free Removal 1.anscapc Arel+uecl 7/21121)15 (25.915,01)r Pollinator Preserve SIenards 7/'_ U_'111> (39.45) Sanctuary Project \Ienards 7/31/2015 (337,86) Sanctuary Project \ioorcn Landscaping 7/31/2015 (41 00) Sanctuary Project Si. Croix [(vocation Co 7/3 V3_015 (520,00) Snncumry I'rujecl I Iedhcr,_ Supply 7/31R€)15 \rbrn Daccr' 7:iI(U15 (76'.44)Upbeat SILO Fu n1:hines Sanctuary PrnlC -kfm3einmcplt Developer Parkland Dedication Fee!: Received: David and Mary 131inko17 Boulder Ponds Approved Developer Plats: foods ) ei 1 Ienune.s /4/_2015 5/31 /2013 1,9€IIIJ1)1 1() I.802.4 I (69. 03.73) 10-LS02,41 I, I113,973,42 0 Illinkuff pool laud sale I'l ` ('(' Appmeal Approval 12/15/2014 2/2-1/2015 9/16/2013 10/1/2013 12r 15/'_u 1-1 1 /13/20 ( 5 4/20/2015 Pool/land sale: public hearing 2/3r15 12/15/2014 '_/312015 Developer Parkland Dedication Emu udMg dcp.uimenl: developer m; .Approved Expo'd)€r1re5 lJakland Jr. Il,gh Shuvx1 €arrrsis Cnt[rt (6-1,000,01) 1,039,973.42 Updated numbers based on actual estimates Sancluary Park Liniment C (26.372.841 1,013,600.58 Approved by PC 6/16/14; not ro exceed amount Pebble Park - Phase 1 D (10,171,65) 1.1(03,428.93 \'r1V and Reid 1'aik Kull field Impror1,ncnls 111.584.00) 991,544.93 Sunfish hake Park (5,000,001 953.544.93 Removal of I Iaoardous frees lial:me, alter all approved payouts Sanctuary Pali: Pebble Park - Phase I To late (1'_0,128.491 9;,S3,844 n3 Lsl,nr,red Projected Apply veil Balance Total Cap (48,6'_ 7.16) (3o,32'_ 5-I1 D (64,835,35) 110.171 t,`1 175,11110.1)0) (80,I1)0,001 23,0110.01) 811,9011,119 ((teen/Cinder 04111 IrSit (36,092.651 an l xteri5r pert, al 3/17/2(114 4/23/2014 6/16/2014 7/1/2014 9/15/21)14 111/7/1 )14 6/'_/2015 r-rrr, r Ar"r DATE: 09/01/2015 REGUL AGENDA ITEM #10 AGENDA ITEM: Tablyn Park Upgrades SUBMITTED BY: Public Works Superintendent, Mike Bouthilet T OUGH: Parks Commission REVIEWED BY: City Council / Staff SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... .......... .......... ..... ...... ......... Mike Bouthilet Report/Presentation...................... ..... Mike Bouthilet Questions from Council to Staff... ........ ......... ........ ...... ....... Mayor Facilitates Call for Motion ............ ......... ...... . ..... ...... ......... ........ Mayor & City Council Discussion.... ....... .........„.......... ........... ..... ................. Mayor & City Council Action on Motion ........... .................„........... Mayor Facilitates POLICY RECOMMENDER: Parks Commission FISCAL IMPACT: Approximately $2,500 plus staff time SUMM Y AND ACTION REOUESTED: The Parks Commission has been working on a concept plan for Tablyn Park upgrades. The first phase of improvements was approved unanimously by the Commission at the August 17, 2015 meeting. The Commission has authorized staff to remove the basketball court, relocate the swingset to the lower play area and rent equipment to remove brush from the hill to allow better access and visibility to the lower play area. Labor for these improvements would be provided by the City's public works staff on an "as available" basis. Public Works Superintendent Bouthilet has obtained pricing for renting brush removal equipment for approximately $2,500. It should be noted that the rental equipment would potentially also be used for buckthorn removal at other parks after work is completed at Tablyn Park, as the allotted rental period would most likely not be entirely used on the Tablyn Park brush removal. RECOMMENDATION: Based on the aforementioned, the staff recommends the following motion: City Council Meeting [Regular Agenda Item IP] September 1.2015 "Motion to approve the rental of brush removal equipment for use at Tablyn Park and authorize staff time to move the swing set and remove the basketball court at Tablyn Park." Ti IN, oil' OF 1AKE ELMO AyoRIc COUNCIL co UVICA-noN DATE: September 1, 2015 REGULAR ITEM #11 RESOLUTION 2015-073 AGENDA ITEM: Final Plat Submission Extension for Village Park Preserve Residential Subdivisions SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Nick Johnson, City Planner (Former) SUGGESTED ORDER OF BUSINESS: - Introduction olltem.............. ...... _______Community Development Director Report/Presentation.„,....._.........._„.„.Community Development Director Questions from Council to Staff _________________ ....... Mayor Facilitates - Call fir Motion ......... _____________ ... _______ lvlayor & City Council - Discussion ...... ...... ..... Mayor & City Council - Action on Mayor Facilitates POLICY RECCOMENDER: Staff is recommending that the City Council approve a request by GWSA Land Development, LLC to extend the Final Plat submission deadline for Village Park Preserve residential subdivisions. FISCAL IMPACT: TBD — The City will require that the applicant enter into a developer's agreement with the City to specify the financial responsibilities for various aspects of the subdivision and related public improvements. SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request from GWSA Land Development, LLC to extend the Final Plat submission deadline for the Village Park Preserve residential subdivision. The City's subdivision ordinance requires a Final Plat application to be filed within 180 days of Preliminary Plat approval for a proposed subdivision. The Village Park Preserve Preliminary Plat was approved on September 16, 2014 (Resolution 2014-74) and the Council has previously granted a 6-month extension for this plat making the new deadline to file the final plat by September 16, 2015. This subdivision is located in the Village Planning Area. GWSA Land Development, LLC is now requesting an extension to April 15, 2019. The rationale for the request is included in the attached letter from Gonyea. -- page 1 -- City Council Meeting [Consent Agenda Item 10a/bi December 2, 2014 Staff is recommending that the City Council approve the request to extend the Final Plat submission deadline for the Village Park Preserve residential subdivision through the following motion: "Move to adopt Resolution No. 201 5-073, extending the Final Plat submission deadline for the Village Park Preserve residential subdivision to April 15, 201 9." STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS: Strengths: Approval of the extension requests for the submission of the Village Park Preserve Final Plat will allow the applicants to finalize utility and stormwater management plans for this site. The extension will also allow Gonyea to better stage development with the Village Preserve project that will be under construction soon. The requested extensions provide a reasonable timeframe to move into construction given the existing conditions surrounding the site. Weaknesses: None Opportunities: Approval of the Final Plat submission extension will allow the applicant enough time to complete the Final Construction Plans for the residential subdivisions within a more reasonable and appropriate timeframe. Threats: The delay of the submission of Final Plat does delay future payment of sewer and water availability charges for the proposed subdivisions. However, given the circurnstances of the site, Staff views the requested extension as a reasonable solution to resolve the outstanding issues and preparation of Final Construction Plans. RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the request to extend the Final Plat submission deadline for the Village Park Preserve residential subdivision through the following motion: "Move to adopt Resolution No. 207 5-073, extending the Final Plat submission deadline for the Village Park Preserve residential subdivision to April 15, 2019." ATTACHMENTS: 1. Resolution 2015-073 2. Gonyea Letter of Request -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-073 A RESOLUTION APPROVING AN EXTENSION FOR THE FINAL PLAT APPLICATION DEADLINE FOR THE VILLAGE PARK PRESERVE RESIDENTIAL SUBDIVISION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite 200, Plymouth, MN, submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for a 100-unit single family subdivision on an approximately 64 acre parcel in the Village Planning Area (PIDs: 13.029.21.43.0004 and 13.029.21.44.0002) to be called Village Park Preserve, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on September 8, 2014, the Lake Elmo Planning Commission reviewed and recommended approval of the Village Park Preserve Preliminary Plat; and WHEREAS, on September 16, 2014, the Lake Elmo City Council adopted Resolution 2014-74, approving the Village Park Preserve Preliminary Plat; and WHEREAS, GWSA Land Development, LLC submitted a request for a 6-month extension to the Final Plat submittal deadline of the approved plat to allow for additional time to prepare Final Utility and Stormwater Management Plans; and WHEREAS, the Lake Elmo City Council adopted Resolution No. 2014-090 granting a 6-month extension that resulting in a new submittal deadline of September 16, 2015; and WHEREAS, GWSA Land Development, LLC submitted a second request to extend the Final Plat submittal deadline of the approved plat until April 15, 2019 to allow for additional time for the phasing and construction of improvements in the area. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve an extension to the Final Plat deadline for the Village Park Preserve residential subdivision, and hereby extends the Final Plat application deadline to April 15, 2019, Resolution 2015-073 Passed and duly adopted this 15t day of September 2015 by the City Council of the City of Lake Elmo, Minnesota. ATTEST: Julie Johnson, City Clerk 2 Resolution 2015-073 Mike Pearson, Mayor COMPANY Wednesday, August 11, 2015 Kyle Klatt Planning Director City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Kyle: On behalf of GWSA Land Development, LLC, the developer, and pursuant to Lake Elmo City Ordinance Section 153.07 Subdivision L, I am requesting an extension for the deadline to present the final plat of Village Park Preserve to the City. Initially we planned to develop Village Park Preserve in the spring of 2015, but later decided due to stormwater issues and the extension of sewer via the Eastern Village Sewer Project, that developing Village Preserve would allow us to address stormwater concerns that create challenges for Village Park Preserve as well as downtown Lake Elmo. We now have final plat approval and have started construction on Phase 1 of Village Preserve, and plan to have lots available for spring 2016. We will most likely start developing Phase 2 in 2016 with lots available spring 2017. The deadline for final plat application for Village Park Preserve is September 16, 2015, but due to the timing and estimated completion of Village Preserve, we would like to ask for an extension for final plat application to April 15, 2019. Thank you for your consideration. Craig Allen Chief Manager - GWSA Land Development, LLC 4 final plat for recording and authorizes construction to commence on the site. The other requirements concerning grading easements will need to be addressed prior to the start of street and utility construction. REVIEW AND ANALYSIS The preliminary plat for Savona was approved with several conditions, which are indicated below along with Staff's comments on the status of each. There are additional comments concerning the overall development in addition to any general items and issues that have not otherwise been addressed. Staff is recommending approval of the final plat with conditions intended to address the outstanding issues that will require additional review and/or documentation, in order to assist the Planning Corrunission with its review, Staff is also including a sununary the critical issues that need to be resolved for the subdivision to move forward. Critical Issues Summary: I ) Secondary Access. The preliminary plat included a condition that requires the construction of a secondary access into Savona, and that no more than half of the planned lots (155) could be platted until such time that this access was provided. The developer successfidly petitioned the City to amend this condition earlier this year; however, there were two conditions attached to this approval. The first required that 5' Street be platted and constructed to the western most portion future subdivisions and the second required all necessary utility work to be completed for the second addition (this work is now part of the second addition plans). The limit was also changed from a platting restriction to a building permit restriction. In practice, this means that thc City will not issue more than 155 permits within Savona (out of the 233 total lots that would be final platted upon the approval of the third addition) until a second access is provided. Lennar has indicated that the fourth and final project phase will include all remaining lots and the rest of 5th Street to the western boundary with Boulder Ponds, Because Boulder Ponds includes a connection to Hudson Boulevard, the fourth addition will satisfy building permit restriction. 2") 5th Street, Lennar has previously granted an easement to the City for all portions of 5th Street within the Savona subdivision that is located outside °tithe first addition. Although the conditions noted the preceding section specify that 51h Street must be platted as part of future additions, Staffhas found that the existing easement will provide for proper public access and the ability to maintain this road indefinitely into the future and that the spirit and intent of this requirement has therefore been met by the applicant. The third addition plans include the construction of 5'h Street to the western -most extent of the plat. When development occurs on the parcel south of Savona, 51' Street will need to be incorporated into any future subdivisions on this land. 3) Grading Easements, The grading plans as approved by the City do not allow any grading work to occur on adjacent parcels. The developer's ultimate plans for these areas do include some grading activity on these adjacent parcels. As noted in the City Engineer's review comments, temporary off -site grading easements must be secured from MFC Properties, the Ebertz family, and DPS-Lake Elmo (Alan Dale) to allow this grading to occur. The Engineer is recommending that signed easement documents by provided to the City prior to the start of any street and utility construction work within Savona 3`d Addition, BUSINESS ITEM 5B 4) Other Issues, All other recommended conditions of approval relate to final details that must be addressed by the applicant and can be handled prior to release of the final plat for recording. Please also note that the applicant provided a response to the preliminary plat conditions with the first addition final plat; this response has not been duplicated for this report. Preliminary Plat Conditions — With Staff Update Comments (updated information in bold italics): 1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the applicant shall provide adequate title evidence satisfactory to the City Attorney; b) the applicant shall pay all fees associated with the preliminary plat; c) the applicant shall submit a revised preliminary plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an application for final plat and prior to the commencement of any grading activity on the site. Comments: a) all title work has previously been reviewed by the City Attorney; b) the applicant has submitted an escrow payment related to the preliminary plat and final plat applications that are being used to cover Staff and consultant expenses related to the City's review; c) a revised preliminaty plat and plans has been approved by the City and was found to address all previous comments. The applicant has commenced mass grading of the site and updated the grading plans in accordance with changes required by the two watershed districts and City Engineer.. 2) The applicant shall dedicate a minimum of 30 feet of land around the "Exception" parcel in the northwest portion of the Savona subdivision to allow for the construction of an eight -foot bituminous trail to the western edge of the subdivision and to allow for sufficient room for drainage and utilities adjacent to "Street A". Comments: The preliminazy plat and plans have been revised to address this condition, Although the applicant is proposing to use a portion of the street right-of-way for the trail, there is a 30-foot area around all portions of the exception parcel for the trail. This proposed configuration is a reasonable compromise to still provide access to the exception parcel. The 3' Addition does not include any of the area around the exception parcel. The applicant shall provide for a minimum green belt/buffer of WO feet around all of the adjacent Stonegate subdivision, and must revise the preliminary plat in the vicinity of Lots 1 and 2 of Block 10 to properly account for this buffer. Conunents: The plat has been adjusted in this area, but there are still two lots (Lots I and 2, Block 1 of the final plat) that are within 65 feet of the boundary with Stonegate. The second addition plat was updated to depict an outlot in the place of two buildable parcels in this area. The developer will need to secure a buffer easement or otherwise make revisions to the planned lots in order to comply with this requirement This condition does not impact any lots within the third addition. 4) The eight -foot bituminous trail located within Outlot A shall be moved offof the property line of the adjacent Stonegate subdivision and shall be designed to continue into the property to the north and to provide a connection to "Street A". Comments: The preliminazy plans have been updated to address this requirement. The construction plans for 3rd Addition do not show any trails — these will need to be included in the plans for the fourth addition. 5) The trail within the green belt/buffer area is encouraged to be located within the southern one- third or eastern one-third of the buffer and as close as possible to the lots within the Savona BUSINESS ITEM 5B 6 subdivision. Continents: The preliminary plans have been updated to address this requirement The applicant has noted that the "design and plans have been revised to shift the trail to the southern portion of the buffer outlot, except as otherwise required due to grading, drainage, and topography challenges. The trail meanders to provide for a pleasant user experience, avoids the existing wetland, and minimizes impacts on property owners on either side". No portion of this trail is located within the third addition. 6) The sidewalk along "Street A" must continue along this street until its termination point at the northern boundary of the subdivision. Comments: The preliminaty plans have been updated accordingly, and this condition was addressed as part of the second addition review. 7) The applicant shall work with the City and Washington County to identify and reserve sufficient space for a future trail corridor along the western right-of-way line of Keats Avenue, Comments: A trail alignment is planned for construction as part of the first addition. No trail is planned south of .5:11 Street. 8) The landscape plan shall be updated to include tree protection fencing in all areas where grading will be near trees intended for preservation. Comments: Tree preservation fencing is depicted on the plans for the trees within Outlot G of the P' Addition. This outlot is located within the townhouse area and is being grading as part of the third addition. 9) The landscape plan shall be reviewed and approved by an independent fbrester or landscape architect in advance of the approval of a final plat and final construction plans. Comments: Staff has previously reviewed the tree preservation and protection plan and found the plan to be in compliance with the City Code. The proposed boulevard plantings conform to the City's planting requirements for streets. The City's landscape architecture consultant has previously reviewed the overall landscape plan for Savona. 10) Sidewalks shall be required on both sides of the public street providing access to the multi -family housing portion of the subdivision. Comments: The preliminag plans have been updated and the final construction plansfor the townhouses Ftithin 3' Addition include a sidewalk on both sides of the street. 11) The applicant shall be responsible for the construction of all improvements within the Keats Avenue (CSAI-1 19) right-of-way as required by Washington County and further described in the review letter received from the County dated July 3, 2013. The required improvements shall include, but not be 'United to: construction of a new median crossing, closure and restoration of the existing median crossing in this area, continuation of the planned ten -foot bituminous trail through the median, turn lanes, and other improvements as required by the County. Comments: This requirement was addressed with the first addition. 12) The applicant shall observe all other County requirements as specified in the Washington County review letter dated July 3, 2013. Comments: The final construction plans have been revised in response to these comments. 13) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed pennits from the appropriate watershed districts prior to the commencement of any grading or development activity on the site. Comments: The applicant has received a perm win the Valley Branch Watershed District (attached) for the BUSINESS ITEM 5B 7 grading work proposed in the final plans. This pennit includes conditions that must be met prior to the commencement of any grading work on the site. Any revisions to the preliminary plans required by the watershed district are included in the attached plans. 14) The applicant shall submit revised preliminary plans that incorporate the changes made to the western portion of the preliminary plat, and specifically, the rearrangement of lots around the "Exception" parcel. Comments: The revised lot configuration has been included in the updated preliminary p(ans, this condition is not applicable to the 3rd Addition. 15) The applicant 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. Comments: The applicant has indicated that there will he u homeowner's association created for this development; the declarations and HOA documents have been created and recorded with the first addition final plat. A maintenance agreement and evidence that the HOA has been established should be retained as a condition of approval for the final plat. A separate agreement between the City and developer concerning these areas was created for the first and second additions, this agreement should also he used for the 3rd Addition. 16) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the atnount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash payment in lieu o f land dedication shall be paid by the applicant prior to the release of the final plat for recording. Comments: The developer paid a cash payment in lieu of land dedication in the amount of $209,429 as part of the developer's agreement for the first addition. This amount covers all of the area included in the preliminary plat. 17) Any land under which public trails are located will be accepted as park land provided the developer constructs said trails as part of the public improvements for the subdivision. Comnzents: The dedication of land associated with was reviewed in accordance with the preceding condition. 18) The applicant shall provide for an active recreation area (either public or private) within the multi -family portion of thc subdivision. This area shall be sufficient for a small play structure or other similar improvement subject to review and approval by the Planning Director. Comments: The revised preliminary plans include a small play area within the multi -family area. The play is included as part of the third addition plans, and Staff is recommending that these improvements be installed at the time the townhouses on Blocks 11 and 12 are constructed. 19) 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. Comments: This condition was revised as noted in the summag of critical conditions. As amended, the developer will be able to obtain up to 155 building permits for the entire subdivision until a secondary access out of the development is provided. 20) A future realignment of 5th Street along the western border of the plat may be considered by the City Council as part of the final plat submission for this are provided the realignment does not BUSINESS ITEM 5B result in any significant modifications to the preliminary plat. Comments: the City has approved a lot line adjustment that will allowed for this realignment The road right-of-way for 5' Street within Savona now aligns with the right-of-way within the adjacent Boulder Ponds development 21) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. Comments: The applicant did enter into this agreement and has been grading the site in accordance with the approved plans. The grading work for first and second addition has been completed and homes are under construction in each of the earlier subdivisions. The grading work _Pr third addition has commenced in accordance with the approved plans. 22) The preliminary grading, drainage and erosion control plan must be revised to address the comments from the City Engineer in his review letter dated July 9, 2013 regarding the size of specific ponds in relation to the drainage areas that are served by these'ponds. Comments: The revised grading, erosion control, and storm water management plans address these comments. The plan has been subject tofurther revisions based on comments from the Valley Branch Watershed District. 23) The preliminary plans must be revised to incorporate all proposed improvements within the 5th Street right-of-way. All improvements as requested by the City shall be included in these plans and the design shall be consistent with City specifications and with the concept plan prepared for the City by Damon Farber and Associates. Comments: The City Council recently approved a .final set of design standardsfor 51 Street, and these standards must be included in the landscape plan for 51h Street for all portions of the project area, including the third addition. 24) All required modifications to the plans as requested by the City Engineer in a review letter dated July 9, 2013 shall be incorporated into the plans prior to consideration of a final plat. Specific requirements include, but are not limited to, the following: a. The applicant must provide the city a letter of approval to perform the proposed work in the BP Pipeline easement. Work includes installation of stonn sewer pipe, grading activities, and relocation of the High Pressure Gas line, if necessary, b. The applicant must provide the city a letter of approval to perform the proposed work in the Electrical Transmission easement areas. Work includes installation of storm sewer pipe, grading activities, and storm water ponding. Comments: Neither of these conditions are pertinent to the 2' Addition. 25) The City will not accept an application for final plat approval until the 429 public improvement project for Section 34 has been ordered by the City Council. If the City Council does not order this project, the applicant must revise the preliminary plans to provide adequate utilities to serve the subdivision. Any such plan revisions will be subject to review and approval by the City Council. Comments: The Section 34 public improvement project has been ordered by the City and the project is complete, BUSINESS ITEM 5B 9 26) The applicant 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. Comments: The City has previously approved a Conditional Use Permit for the townhouses. 27) The applicant is encouraged to preserve or re -use as many trees as possible that are currently located on the former golf facility property and to incorporate these trees as part of the landscape plan for the Savona subdivision. Comments: The applicant has stated their intent to preserve these trees if possible, however, based on observed site conditions, it does not appear that many of these trees will be salvageable due to the sandy soil conditions. 28) The applicant shall work with the Planning Director to name all streets in the subdivision prior to submission of a final plat. Comments: The applicant has agreed to the street names as proposed by Staff The proposed names have been designed to comply with the County's uniform addressing system. Staff is recommending that the conditions noted above that pertain to the final plat and that have not yet been addressed by the applicant should be adopted with the final plat. The City Engineer's review letter does identify several issues that need to be addressed by the developer in order for the City to deem the final plans complete; however, nearly all of these concerns are related to the construction plans and should not have any bearing on the final plat. Staff is recommending that City Officials not sign the final plat mylars until the City's construction plan review is finalized and all necessary easements are documented on the final plat. Other general comments from Staff concerning the proposed final plat include the following; Townhouse Area, The final plat includes the remainder of the planned townhouses within Savona that were not platted with the 2Addition. The townhouses have been designed to comply with the City's minimum requirements for lot area and common open space within such developments. The preliminary plat was approved with the private street concept, and the proposed layout will provide adequate access to each home while minimizing the amount of public infrastructure needed to serve each home. Trails. Both the 2" and 3rd Addition subdivision included portions of the land on which the planned trail system within Savona will be located, but did not include all of the land that will be necessary to complete the trail system. Staff is recommending that all trails that have not been constructed with previous additions be completed as part of any subsequent plats. Townhouse Area Retaining Wall, The revised grading and storm water plan for Outlot J in the southeast portion of the townhouse area now depicts a 10-12 foot retaining wall that will separate the storm water pond from the back of the planned townhouses. This wall must be designed in accordance with engineering standards and will need to comply with any applicable building codes concerning setbacks and public safety measures. Although the retaining wall is not a preferred option for grading in this area, the developer is requesting the proposed wall in order to accommodate the expanded pond without substantial revisions to the layout of the townhouses. BUSINESS ITEM 5B 10 Based on the above Staff report and analysis, Staff is recorrunending approval of the final plat with several conditions intended to address the outstanding issues noted above and to further clarify the City's expectations in order for the developer to proceed with the recording of the final plat. The recommended conditions are as follows: Recommended Conditions of Approval: 1) Final grading, drainage. and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in review memo dated 8/20/15 shall be incorporated into these documents before they are approved. 2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. These improvements shall include the play equipment located in the private park area north of Block 11. 3) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials, 4) A Common Interest Agreement concerning management of the common areas of Savona and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. The applicant must create a separate agreement for the single-family attached lots. Said agreements shall comply with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of control to the future property owners. The applicant shall also 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. 5) The final landscape plan shall be updated to address the review comments from the City's landscape architecture consultant and shall incorporate all design elements as specified in the City's 5th Street Standard Details and Design Book. 6) The developer shall provide signed easement documents to verify that the proposed grading activity on property presently owned by MFC Properties, Walter Ebertz, and DPS-Lake Elmo, LLC will be allowed. 7) All multi -purpose trails that are depicted on the approved preliminary development plans shall be constructed as part of any subsequent final plat within Savona. 8) The proposed retaining wall east of Block 13 must be designed by a professional engineer registered in the state of Min_nesota and must comply with all applicable building codes and any other authorities with jurisdiction for the wall arid proposed grading adjacent to the wall. 9) The final plat must be updated to document the recorded access and roadway easement over the future extension of 5th Street adjacent to the Savona subdivision. BUSINESS ITEM 5B I 1 10) The developer is encouraged to incorporate elements from the Lake Elmo Theming Study into the final design of the community mailboxes within InWood. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Savona 2" Addition Final Plat: 0 That the proposed Final Plat for Savona 3Td Addition consists of the creation of 21 single- family detached and 99 single-family attached residential structures. That the Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on August 8, 2013 and revised on November 25, 2013. That the Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. That the Final Plat complies with the City's Urban Low Density Residential and Medium Density Residential zoning districts. That the Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachments thereof. That the Final P1at complies with the City's subdivision ordinance. • That the Final Plat is consistent with the City's engineering standards with the plan revisions as requested by the City Engineer. • That the Permanent Public Street Easement Agreement as filed and recorded with Washington County sufficiently addresses previous conditions of approval for Savona that required the platting of 5'hStreet to coincide with future project phases. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Final Plat for Savona 3`d Addition with the 10 conditions of approval as listed in the Staff report. Suggested motion: "Move to recommend approval of the Savona 3Addition Final Plat with the 10 conditions o approval as drafted by Staff' ATTACHMENTS: 1, Application Forms 2, City Engineer Review Letter 3. Valley Branch Watershed District Review 4. Permanent Public Street Easement Agreement 5. Savona 3'd Addition Final Plat BUSINESS ITEM 5B 12 6. Construction Plans: Grading, Drainage, and Erosion Control 7. Construction Plans: Sanitary Sewer, Water Main, Storm Sewer arid Streets S. Savona 3rd Addition Landscape Plans ORDER OF BUSINESS: - Introduction ........... ....... Planning Staff Report by Staff ...... ..... Planning Staff Questions from the Commission Chair & Commission Members Public Comments ..... ..... ..... Chair Discussion by the Commission ....... & Commission Members Action by the Commission......„ ........... Chair & Commission Members BUSINESS ITEM 5B Date Received: Received By: LU File #: FINAL PLAT APPLICATION Applicant: \ PC-V/1./ Address: t& J, ca,Pe---YAACC714 AAA'sIh Phone #: 5°3.6 Email Address: 'PA-0' (Try LAKE ELMO 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 Fee Owner: ) , _ CX-\Tt D.U4 Address: Phone It: Email Address: Property Location (Address and Complete 1"7-a)Val te.I egal Description: 3frik)K111- General information of proposed subdivision: T LC Vi\c_4W1 0 ),A Ate,v.JC-i ',A }Ca*. crk-7-- • 1-Akcy,A.C-7 In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current administrative procedures, I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. Signature of applicant: Date: Fee Owner Signature Date: Revised 1/12/2014 11:36 AM TI I crry OF LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of applicant Please Print Street address/legal description of subject property 311-13C1.1.0 Signature / Date If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action, If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revised 3/13/2014 9:12 AM '1.1-11:,' CM' OF LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 Laveme Avenue North Lake Elmo, MN 55042 ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadlines for submission of material and of the progress of this application. I understand that this application may be reviewed by City staff and consultants. 1 further understand that additional information, including, but not limited to, traffic analysis and expert testimony may be required for review of this application. I agree to pay to the City upon demand, expenses, determined by the City, that the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to be determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses and other consultant expenses. I agree to allow access by City personnel to the property for purposes of review of my application. Signature of applican Name of applicant (Please Print) Name and address of Contact (if other than applicant) Revised 3/1312014 9:11 AM ��0RUo� ...�.".~,..,"."^^^^.". Date: August 20, 2015 _ To: Kyle Kbtt,Planning Director Cc Ryan Stempuki,P.E,Assistant [dy[ngineer From: Jack Griffin, P,E,City Engineer ENGINEERING, inc. Cara oeheren.�E. Jack Griffin, P.E. Ryan StempsN'ps. Chad/saksvn P.p. Re. Savona 3rd Addition - Final Plat Review The submittal for this review included the following items: w Savona 3,dAddition Final Plat, Sheets 1-S'not dated. * Construction Mans for Sanitary Sewer, Water Main, Storm Sewer and Streets prepared by Westwood Professional Services, Inc. dated OO.112Ol5' w Construction Plans for Grading and Erosion and Sedimentation Control, dated 08.06.2015. • Landscape Plans, dated 07.]D]OlS. Not reviewed. STATUS/FINDINGS: An engineering review has been completed for the Savona 3rd Addition Final Plat and Construction Plans. Please see the following comments relating to the Final Plat application. - FINAL PLAT -SAVONA3RDADDITION * Off -site grading easements are required from MF[ Properties Ebertz, and DPS-Lake Elmo LL[ Signed easement documents for all off' ite easements and right-of-way necessary for the project mug be submitted to the City to verify that the project can be constructed as proposed. Signed easement documents must be provided before the construction plans can be approved and the start of any construction work, w The Final Plat is not complete as submitted. Final Plat approval must be contingent upon an updated Final Plat toinclude the permanent street easement for SthStreet North, w The Final Grading Plans are not complete assubmitted. Final grading plans must be updated toshow final grades for the project including any off -site grading on adjacent properties necessary to complete the project. Off -site grading easements must be shown on the grading, site and utility plans. * The Street and Utility Construction Plans must be updated to show the construction of 6th Street to the 3rd Addition plat boundary along Lot 1'Block l. ° The proposed temporary turnaround location for 6th Street Lane must be extended beyond the Savona 3rd Addition boundary to accommodate final site conditions for Lots 1 and 0, Block Z. The temporary turnaround detail must be changed from City Standard Detail No. 807&to No. 8078. A temporary access and utility easement must beprovided tuthe City accordingly. w Sheet No. 15-Aminimum lSfoot easement isrequired around all sides of[8'2S3and along each side of the storm sewer run from [B'Z53toCBMH'ZS2. w The temporary utility easement for the trunk vvatermain along the west side of Lot l, Block 2 must be expanded toaminimum oflSfeet from the pipe centerline. PAGE 1 of 2 FINAL CONSTRUCTION PLANS &3PB]F|CAT|ONS = No construction, except for on -site grading operations may occur until the applicant has received City Engineer approval for the Final Construction Plans for Grading, Drainage and Erosion Control and Final Construction Plans for Street and Utilities; the applicant has obtained and submitted tothe City all applicable permits needed for the project, and a preconstruction meeting has been held by the Oty's engineering department. = The Final Plat shall not be recorded until final construction plan approval is granted. ° Final Construction Plans and Specifications must be prepared in accordance with the City Engineering Design Standards Manual using City details and specifications and meeting City Engineering Design Guidelines. " Final Construction Plans for Grading, Drainage and [ua|un Control and Final Construction Plans for Street and Utilities must be revised to show the permanent street easement for 5th Street North, m The Specifications must include the following statement asthe first clause nf the supplementary provisions, "The City Standard Specifications for Puh0t Infrastructure, doted February 2015, aho0 apply to the work performed under this contract, Any supplemental specifications are intended tosupplement theCdy5tondond IpocIfitntions,however they doNOT supersede the City Standard Spauificotion4Details, Design Standards, or ordinances unless specific written approval has been provided by the City. " The following comments have been provided to direct plan corrections necessary for final construction plan approval. When submitting revised plans, please provide a point by point response letter that details the changes made tothe plans. STORM SEWER: ° Sheet 9-[8'247must berevised toallow the drairti|einvert tobeabove the top ofeffluent pipe. ° Sheet No. 9-Remove "[8'2SO^text onLot 3'Block I. ° Sheet No. 10-[8-405'[8'40],[8MH'94,[BMH-4llA'CBK3H'4lland [8MM'412must berevised toallow the dra|nd|einvert tobeabove the top ofeffluent pipe, ° Sheetmo.lO-Adddrainti|eat the low point onthe southeast corner ofthe S*Street Lane and S*Street intersection. = Sheet No. 15 -Storm sewer along Profile D must be a minimum of 15 feet from the backside of the proposed retaining wall and must beaminimum l5inches indiameter. " An updated Rational Storm Sewer Design Tabulation must be provided to include all storm sewerstructures inSavona 3'«Addition. STREETS • Sheet No. 10 - Revise the Typical Section for 5'h Street Lane (with Landscaped Median) to have an asphalt grade 8and Traffic Level Z (consistent with the remaining 5'"Street Lane bituminous mix design). • Sheet No. 11 - Private Drive 14 and 15 cannot have a breakover (rollover) angle in excess of 5%. This means the maximum difference between the slope nfS* Street Lane and the dope of the private drive cannot exceed5%. * Sheet l9-TypeIII Barricades should remain unSmStreet atJunco Road. * Sheet l9-Apaved turnaround must beaccommodated at STAZ9+70onS'^Street. • Sheet Z0-GgnaQefor the left turn land must beadded tothe plan. LANDSCAPE PLAN AND OTHER AMENTE5: • Sheet No, 2 - Revise Street Lighting Plan Note require a nominal 30-foot pole with Evans -Style lamp type. w The Landscape Plan must updated to include landscaping for 5th Street North per the 5th Street Collector Street Standards and Guidelines, dated August ZOl5. • This review does not cover the Landscape Plan. Plan review to be completed by other City representatives, July 28, 20] 5 Joe Jablonski Lennar 16305 36''' Ave North, Suite 600 Plymouth, MN 55446 Re: Savona 3" Addition —Lake Erne, Minnesota VBWD Permit #2015-07 Dear Mr, Jablonski: Enclosed is the Valley Branch Watershed District (VBWD) permit for your project. Please note the following conditions imposed by the Managers, which are also listed on the back of II-tenet-mit, Permit #2015-07: On July 23, 2015, the VBWD Managers approved Permit #2015-07 for Savona 3Addition, as shown on the Westwood Professional Services, Inc. June 25, 2015 Grading, Drainage and Erosion Control Plan, The VBWD Managers imposed the same conditions as included in previous permits. Amendment to Permit #2014-25: On June 25, 2015 the VBWD Managers approved the following amendments to Permit #2014-25: • Approved Elevation 1003.8 as the minimum floor elevation for Block 5 Lots 4 and 5 and Block 6—Lots 6-8. Require that drain tile be installed around the exterior foundations of the subject lots. Permit #20I4-25 was only for those multifamily units and the work shown on the Westwood Professional Services' Grading, Drainage & Erosion Control Plan dated August S, 2014. All of the permit conditions from Permit #2013-20 were imposed with approval of Permit 2014-25. Permit Conditions from Permit #2013-20: 1. This permit is for Lots 14-15 of Block 8 and Blocks 9-19, the southeast portion of Outlot A, most of Outlot E, part of Outlet I, and all of Outlets B, C, G, and H, and the associated roads and storm sewer, as shown on the Sheets 3-6 of the Grading, Drainage & Erosion Control Plan dated 11/25/2013 and as owned by US Home Corporation. Another permit(s) will be required for all other work, including but not limited to the proposed -multifamily units, Manholes immediately upstream from treatment basins (e.g., Lots 10/11 of Block 8; Lot 5 of Block 17; Outlot C; CB in Street I upstream of Outlot I) shall have sumps greater than 3 feet and be equipped with porous baffles (e.g., SAFL baffles) to provide pretreatment and reduce washout/resuspension of sediment. 3. The bioretention basins shall be no deeper than 1.5 feet. The grading plans shall be revised and approved by the VBWD Engineer prior to construction. 4. Prior to construction, details of the proposed outlets from the treatment basins shall be provided and approved by the VBWD Engineer, own BLJCHECK • LINCOLN FETCHER • DALE 80RASH • JILL LUCAS • EDWARD MARCHAN VALLEY BRANCH WATERSHED DISTRICT • P.O. BOX 838 • LAKE ELMO, MINNESOTA 55042-0538 www.vbwd.org Joe Jablonski: Lenox - Savona 3 Addition', VBWD Permit t-'2015-07 July ZS, 2015 Page 2 5. The low openings of Lots 4-7, Block 8 shall be no lower than El. 996.9, The low openings of Lots 1- 2, Block 8 shall be no lower than El. 992.2. Drain tile shall be installed around the perimeter of the foundations of the homes on these lots. 6. This permit is not valid until a maintenance agreement in the general format of Appendix B oftlie VBWD Rules is submitted to and approved by the VBWD Attorney, 7. Prior to construction, the required surety shall be submitted to the VBWD. S. The VBWD Engineer and Inspector shall be notified at least 3 days prior to commencement of work. 9. Erosion controls shall be installed prior to the commencement of grading operations and inust be maintained throughout the construction period until turf is established. Additional erosion controls May be required, as directed by the VBWD Inspector or VBWD Engineer. 10, Al] disturbed areas shall be vegetated within 14 days of final ding. 11. This permit is not transferable. 12. The required drainage easements and access easements shall be recorded with the Washington County Recorder's Office. 13. This permit is subject to obtaining all other pennits required by governmental agencies having jurisdiction (including a NPDES permit). 14. The applicant is responsible for removal of all temporary erosion -control measures, including silt fence, upon establishment of pennanent vegetation at the project site as determined by the VBWD Engineer andlor Inspector. 15, The following additional erosion controls shall be implemented on the site: a. All proposed slopes 3 feet horizontal to 1 foot vertical (3H:1V) should be covered with erosion - control blanket. b. Silt fence should follow existing contours as closely as feasible to limit the potential for gully erosion along the edges. c, Additional silt fence may be needed during construction. d. Street sweeping shall be performed if seditnent collects on streets. e. A construction sequencing plan shall be submitted, approved, and followed. f. If erosion occurs at the outlets of the storm sewer pipes, the applicant will be responsible for correcting the problem to the satisfaction of the VBWD. Any sediment that collects in storrn sewers, ponds, or other water managernent features shall be removed. 16. To prevent soil compaction, the proposed infiltration areas shall be staked off and rnarked during construction to prevent heavy equipment and traffic from traveling over it. If infiltration facilities are g. Jov Jablonski: Lennar Savona 34 Addition: VBWI) Perrnit i420 15-07 July 28, 2015 Page 3 in place during construction activities, sediment and runoff shall be kept away from the facility, using practices such as diversion berms and vegetation around the facility's perimeter. Infiltration facilities shall not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized. The final phase of excavation shall remove all accumulated sediment and he done by light tracked equipment to avoid compaction of the basin floor. To provide a well -aerated, highly porous surface, the soils of the basin floor shall be loosened to a depth of at 'cast 24 inches to a maximum compaction of 85% standard proctor density prior to planting. 1 7. The Valley Branch Watershed District shall be granted drainage easements, which cover land adjacent to stomiwater management facilities, wetlands, and lowlands up to their l 00-year-flood elevations and which cover all ditches, storm sewers, and maintenance access to the stonnwater management facilities. 18. The minimum floor elevations for all buildable lots in the development shall he recorded in a Declaration of Covenants and Restrictions or on the final plat. 19. Return or allowed expiration of any remaining surety and pennit closeout is dependent on the pennit holder providing proof that all required documents have been recorded (including but not limited to easements) and providing as -built drawings that show that the project was constructed as approved by the Managers and in conformance with the VBWD rules and regulations. Thank you for your cooperation with the District's permit program. Sincerely, Davidheck, President Valley'inch Watershed District DJB/ymh c: Susannah Torseth, VBWD Attorney Ray Roemmich, VBWD Inspector Jenifer Sorensen, MDNR Kyle Klatt, City Planning Director —City of Lake Elmo Jack Griffin, City Engineer, FOCUS Engineering —City of Lake Elmo Rick Chase, Building Inspector City of Lake Elmo John Bender, Westwood Professional Services —Authorized Agent Thomas Hingsberger, Corps of Engineers Brad Johnson, MDNR Jed Chesnut, Washington Conservation District Brooke Haworth, MDNR Ben Meyer, Minnesota Board of Water and Soil Resources Karen Weld, Ban- Engineering Co. Yvonne Huffman, Barr Engineering Co. PAMpls'%23 \82 \2382020'k_lovedFromMpls_P\ 20 I 5Q015-07_Savona3rd:20 I 5-07_PermitLtr_July 2015,docx Project Timeline; Start Date; ti Completion Da : „A4*kt sgentIliOrMS L.e Name: b I Business Name: Address: 41 City, State, Zip: Phone: /r1. Fax: Email: •7 Once a VaKey Branch VALLEY BRANCH WATERSHED DISTRICT PERMIT APPLICATION TO BE COMPLETED BY VBWD: PERMIT NUMBER 7111 5-07 PERMIT FEE RECEIVED WAIN1KD DATE RECEIVED Return application to John Hanson Barr Engineering Company Engineers for the Valley Branch Watershed District 4700 West 77th Street Edina, MN 55435-4803 A permit fee shall accompany thM permit, unless wanted by the Board of Managers. (Governmental Bodies are not required to pey a fee.) 7`„: ; ; • PratileePInfOrMaYbe I Name of Project: ;Vs,. Purpose of Prolect: 6v-cdg r c1A4, Project Location (street address, if known; otherw(se, major intersection): eix:f.,4 s-414. City or Township: /Aka, 644...to Legal Description (proof of ownership required): PID: Section: Township: Range: Phan Fax: ppItti Name: 49t Jj4t04s Address; 61or 3-6``' '014 00 City, Strife, Zip: 4#41 Pfzi x:ref y4 '15-2 • 24(9 3ag 6 t Ernan. c 4. ' 41.0.4yk:c> led,(144c' 34 , -06irtt • 1Pn' Name:drss:(if.cliffin3niltir"1" 41 City, State, Zip: Phone: Fax: Email: proved, the permit txmciltlons will attached to the back of this forrn. By signing this permit application, the permit applicant, his/her agent, and owner (hereinafter 'Perrnittee') shall abide by ail the conditions set by the Valley Branch Watershed District (VBWD)„ All work which violates the terms of the permit by reason of presenting a serious threat of soli erosion, sedimentation, or an adverse effect upon water quality or quantity, or violating any rule of the VIVO may result In the VBWD issuing a Stop Work Order which shell Immediately cause the work on the project related fo the permit to cease and desist. All work on the project shall cease until the permit conditions are met and approved by the VBWD representatives, In the event Permitlee contests the Stop Work Order Issued by the VBWD, Permittee shall attend a VBWD Board of Managers meeting and discuss the project. Any attorney fees, costs, or other expenses Incurred on behalf of the VBWD In enforcing the terms of the permit shall be the sole expense of the permit applicant. Costs shall be payable from the permit applicanrs permit fee. If said fees exceed the permit amount, the Permtttee chat, have ten (10) days from the date of receipt of the Invoice from the VBVVO to pay for the cost Incurred In enforcing the permit, by which to pay the VBWO for said costs. If costs are not paid within the len (10) days, the VBWD will draw on the permit applicant's surety. The Permfitee agrees to be bound by the terms of the final permit and conditions required by the VBWD for approval of the permit. The permit applicant further acknowledges that he/she has the authority to bind the owner of the property and/or any entity performing the work on the property pursuant to the terms of the VBWD permit, and shall be responsible for complying with the terms of the VBWD permit. Signatures (Required): °Wrier (tf dIrforent then ApplloantVORte 6/1:tir. d Ap‘n ate LINCOLN FETCHER • DAVID OUCNECK • DONAU, ISCHEEL • CALE BORASH • RAY LUCKEINGER -,M4411.44.a VALLEY BRANCH WATERSHED DISTRICT P.O.BOX 63B • LAKE ELMO, MINNESOTA 550424538 wmv.vbAkclorg Permit Amendment to Permit #2014-25 A VBWD permit was issued for a portion of the Savona development on January 9, 2014, While the overall plan assumed multifamily units south of 5th Street North, he VBWD-issued permit did no allow for their construction: The current proposal is consistent with the previously approved overall plan. Sionnwater management facilities were designed to handle he runoff from the proposed townhomes. All of the permit conditions from Perniit 2013 20 are recommended to remain. This pen -nit is only for those multifamily units and the work shown on the Westwood Professional Services' Grading, Drainage & Erosion Control Plan dated August 8, 2014. Permit Conditions from Permit #2013-20: 1. This permit is for Lots 14-15 of Block 8 and Blocks 9-19, the southeast portion of Outlot A, most of Oudot E, part of Outlot I, and all of Outlots B, C. G, and H, and the associated roads and stone sewer, as shown on the Sheets 3-6 of the Grading, Drainage & Erosion Control Plan dated 11/2512013 and as owned by US Home Corporation. Another penni((s) will be required for all other work, including but not limited to the proposed multifamily units. 2, Manholes immediately upstream front treatment basins (e.g., Lots 10/11 of Block 8; Lot 5 of Block 17; Oudot C; CB in Street I upstream of Outlot 1) shall have sumps greater than 3 feet and be equipped with porous baffles (e.g., SAFL baffles) to provide pretreannent and reduce washout/resuspension of sediment. 3. The bioretcntion basins shall be no deeper than 1.5 feet. The grading plans shall be revised and approved by the VBWD Engineer prior to construction. 4. Prior to construction, details of the proposed outlets from the treatment basins shall be provided and approved by the VBWD Engineer, 5. The low openings of Lots 4-7, Block 8 shall be no lower than El. 996,9, The low openings of Lots 1-2, Block 8 shall be no lower than El. 992.2. Drain tile shall be installed around the perimeter of the foundations of the homes on these lots. 6 This permit is not valid until a maintenance agreement in thc general format of Appendix Et of the VBWD Rules is submitted to and approved by the VBWD Attorney, 7. Prior to construction, the required surety shall be submitted to the VBWD, 8. The VBWD Engineer and Inspector shall be notified at least 3 days prior to commencement of work, 9. Erosion controls shall be installed prior to the commencement of grading operations and ;Dust he maintained throughout the construction period until turf is established. Additional erosion controls may be required, as directed by the VBWD Inspector or VBWD Engineer. 10. All disturbed areas shall be vegetated within 14 days of finul grading. I I. This pennit is not transferable. 12. The required drainage easements and access easements shall be recorded with the Washington County Recorder's Office_ 13. This permit is subject to obtaining all other permits required by governmental agencies having jurisdiction (including a NPDES permit). 14, The applicant is responsible for removal of all temporary erosion -control measures, including silt fence, upon establishment of permanent vegetation at the project site as determined by the VBWD Engineer and/or Inspector. 15. The following additional erosion controls shall he implemented on the site; a All proposed slopes 3 feet horizontal to 1 foot vertical (3H:I V) should be covered with erosion -control b?anket, b. Silt fence should follow existing contours as closely as feasible to limit the potential for gully erosion along the edges. c. Additional silt fence may he needed during construction, d. Street sweeping shall be performed if sediment collects on streets. e. A construction sequencing plan shall be submitted, approved, and followed. f. If erosion occurs at the outlets of the storm sewer pipes, the applicant will be responsible for correcting the problem to the satisfaction of the VBWD. g. Any sediment that collects in storm sewers, ponds, or other water management features shall be removed. I 6, To prevent soil compaction, the proposed infiltration areas shall be staked off and marked during construction to prevent heavy equipment and traffic from traveling over it. If infiltration facilities are in Place during construction activities, sediment and runoff shall be kept away from the facility, using practices such as diversion berms and vegetation around the facility's perimeter. Infiltration facilities shall not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized. The final phase of excavation shall remove all accumulated sediment and be done by light tracked equipment to avoid compaction of the basin floor. To provide a well -aerated, highly porous surface, the soils of the basin floor shall be loosened to a depth of at least 24 inches to a maximum compaction of 85% standard proctor density prior to planting. 17. The Valley Branch Watershed District shall be granted drainage easements, which cover land adjacent to storrnwater management facilities, wetlands, and lowlands up to their 100-year-flood elevations and which cover all ditches, storm sewers, and maintenance access to the storrnwater management facilities_ 1 8, The minimum floor elevations for all buildable lots in the development shall be recorded in a Declaration of Covenants and Restrictions or on the final plat. 19. Return or allowed expiration of any remaining surety and pennit closeout is dependent on the permit holder providing proof that all required documents have been recorded (including but not limited to ease lents) and providing as -built drawings that show that the project was constructed as approved by the Managers and in confonnanc he VB D es and reguai Approved: July 23,_ 2015 -r2 Si Valley 8ranch Watershed District Note: The grant of this permit in no way purports to pennit acts, which may he prohibited by other governmental agencies. Title ReceFin:025 4007702 EAS CRV i4c.t Rvqww Exernp!,1,0 Return IQ. fiCATH A1,10,Karl IT& E 0'40 WE ;WOOD Ii0A0 0107 MAPLE 040VE Mil 3602 cJ 1111 11 Certified Flied and/or recorded on: 11/N1r2C14 2 SO FM 4007702 Office of the County Recorder Washington County, Minnesota Ha-coo-lel PERMANENT PUBLIC STREET EASEMENT AGREEMENT THIS PERMANENT PUBLIC STREET EASEMENT AGREEMENT shall be effective as of the date that the last party executes this Agreement, is made by and between DPS-Lake Elmo, LLC, a Minnesota limited liability company, hereinafter referred to as the "Owner," and the City of Lake Elmo, a Minnesota municipal corporation, hereinafter referred to as the "City." The Owner owns the real property situated within Washington County, Minnesota as described on the attached Exhibit A (hereinafter "Owner's Property"). The Owner in consideration of one dollar ($1.00) and other good and valuable consideration does hereby grant and convey to the City, its successors and assigns, the following: A permanent easement for public street, road, highway, sidewalk and path purposes purposes; utility and drainage purposes; including all rights of a "drainage easement" and an "utility easement" as defined by Minn. Stat. § 505.01, Subd. 3(b) and 3(j); and, all such purposes ancillary, incident or related thereto (hereinafter "Pennanent Easement") under, over, across, through and upon that real property identified and legally described on Exhibit B, (hereinafter the "Permanent Easement Area") attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, inspection, repair and replacement of any public street, road, highway, sanitary sewer, storm sewer, storm sewer ponds, rain gardens, landscaping, light stanchions, water mains, any utilities, underground pipes, conduits, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: I 159,4713v5 a.) to enter upon the Permanent Easement Area at all reasonable tirnes for the purposes of construction, reconstruction, inspection, repair, replaceinent, grading, sloping, and restoration relating to the purposes of this Permanent Easement; and NORTH AMERICAN TITLE COMPANY 5001 ArneriCDr1 Blvd W Suite 300 Bloornington, MN 55437 b.) to maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such ponds, rain gardens, pipes, conduits or mains; and c.) to remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the pipes, conduits, or mains and to deposit earthen material in and upon the Permanent Easement Area; and d.) to remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. e.) to prohibit obstructions or interference with its use of the Easement Area. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to the Permanent Easement Area or the Owner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by the Owner, its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. The Owner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Owner's Property described on Exhibit A, and the Perrnanent Easement Area described on Exhibit B, and has good right to grant and convey the Permanent Easement herein to the City. In addition, the Owner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, the right of after acquired title to the Permanent Easement granted and conveyed in this Agreement provided that the Owner receives title to all or part of the Permanent Easement Area after the recording of this Agreement. This Permanent Public Street Easement Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 2 115947130 IN TESTIMONY WHEREOF, the Owner and the City have caused this Permanent Public Street Easement Agreement to be executed as follows: Owner: DPS-Lake Elmo, LLC, a Minnesota limited liability company Signature: Print Name: Alan J. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this .V day of 2014, by Alan J. Dale, the Chief Manager of DPS — Lake Elmo, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Randy Sue Simme Notary Public Pr comamonufalic m31, 2 115947130 CITY OF LAKE ELMO ATTEST: Adam Bell, City Clerk STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this 2-\ day of Oc (--)1,--)efv- , 2014, before me a Notary Public within and for said County, personally appeared Mike Pearson and Adam Bell, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality, This instrument was drafted by; David K. Snyder, Esq. Johnson & Tumer, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 651-464-7292 4 1 1591713v5 STACY BODSSERG NOTARY PUBLIC - KNNESOTA mission Evires Jan, 31, 2018 1 EXHIBIT A LEGAL DESCRIPTION 0fQVVNEWS PROPERTY, That part of the East Half of the Southwest Quarter and that part of the West Half of the Southeast Quarter, both in Section 34, Township 29, Range 21, Washington County, Minnesota, described as follows: Commencing at the West Quarter comer of said Section 34; thence South 00 degrees 00 minutes 40 seconds East, along the west line of said Section 34, a distance of 472.55 feet; thence North 89 degrees 57 minutes 32 seconds East, a distance of 1315.91 feet to the west line of said East Half of che Southwest Quarter; thence South 00 degrees 02 minutes 55 seconds West, along said west line a distance of 714.99 feet to the point of beginning: thence North 89 degrees 55 minutes 22 seconds East, a distance of 212.38 feet; thence southeasterly along a tangential curve concave to the southwest having a central angle of 29 degrees 05 minutes 37 seconds, a radius of 1100.00 feet for an arc distance of 558.56 feet; thence thence South 60 degrees 59 minutes 01 seconds East, tangent to said curve, a distance of 224.27 feet; thence southeasterly along a tangential curve concave to the north, having a central angle of 68 degrees 21 minutes 23 seconds, a radius of 760.00 feet for an arc distance of 906.71 feet; thence North 50 degrees 39 minutes 36 seconds East, a distance of 410.97 feet; thence northeasterly along a tangential curve concave to the southeast, having a central angle of 20 degrees 49 minutes 17 seconds, a radius of 1060.00 feet for an arc distance of 385,20 feet; thence North 71 degrees 28 minutes 52 seconds East, tangent to said curve, a distance of 202.22 feet to the east line of said West Half of the Southeast Quarter; thence South 00 degrees 01 minutes 13 seconds West. along said east line a distance of 1517.53 feet to a line parallel with and distant 217.80 feet north of the north right ofway line of Highway No. 12; thence South 89 degrees 54 minutes 16 seconds West, along said parallel line, a distance of 200.00 feet to a line parallel with and distant 200.00 feet west of said east line of the West Half of the Southeast Quarter; thence South 00 degrees 01 minutes 13 seconds West, along said parallel line, a distance of 173.18 feet to the north line of Minnesota Department of Transportation Right of Way Plat No, 82-43; thence South 89 degrees 18 minutes 12 seconds West, along said north line a distance of 1875.94 feet; thence continuing along said north line South 89 degrees 53 minutes 55 seconds West, a distance of 230.6] feet to the east line of the West 333.00 feet of said East Half of the Southwest Quarter; thence North 00 degrees 02 minutes 55 seconds East, along said east line a distance of 599.99 feet to the north line of the South 675.00 feet of said East Half of the Southwest Quarter; thence South 89 degrees 53 minutes 57 seconds West, along said north line a distance of 333.00 feet to said west line of the East Half of the Southwest Quarter; thence North 00 degrees 02 minutes 55 seconds East, along said west line a distance of 774.53 feet to the point of beginning, 1159-1713v5 pcp.ma 13 LEGAL DESCRIPTIONAND DEPICTION OF. THE PERMANENT EASEMENT AREA A Roadway Easement lying over, under and across that part of the West Half of the Southeast Quarter arid that part of the East Half of the Southwest Quarter, all in Section 34, Township 29, Range 21, Washington County, Minnesota, described as follows: Commencing at the southwest corner of Outlot F. SAVONA, according to the recorded plat thereof said Washington County; thence North 00 degrees 01 minutes 13 seconds East, assumed bearing along the west line of said Outlot F a distance of 351.65 feet to the point of beginning; thence South 71 degrees 28 minutes 52 seconds West, a distance of 165.33 feet; thence southwesterly, along a tangential curve, concave to the southeast, having a central angle of 20 degrees 49 minutes 17 seconds, a radius of 1103.12 feet for an arc distance of 400.87 feet; thence South 50 degrees 39 minutes 36 seconds West, tangent to said curve. a distance of 356.54 feet; thence westerly, along a tangential curve, concave to the north, having a central angle of 68 degrees 21 minutes 23 seconds, a radius of 860,00 feet for an arc distance of 1026.02 feet; thence North 60 degrees 59 minutes 01 seconds West, tangent to said curve, a distance of 224.27 feet; thence westerly, along a tangential curve, concave to the southwest, having a central angle of 29 degrees 05 minutes 37 seconds, a radius of 1000.00 feet for an arc distance of 507.78 feet; thence South 89 degrees 55 minutes 22 seconds West tangent to said curve, a distance of 212.60 feet to the west line of said East Half of the Southwest Quarter of Section 34; thence North 00 degrees 02 minutes 55 seconds East along said west line, a distance of 100.00 feet; thence North 89 degrees 55 minutes 22 seconds East, a distance of 212.38 feet; thence easterly, along a tangential curve, concave to the southwest, having a central angle of 29 degrees 05 minutes 37 seconds, a radius of 1,100.00 feet for an arc distance of 558.56 feet; thence South 60 degrees 59 minutes 01 seconds East tangent to said curve, a distance of 224.27 feet; thence easterly along a tangential curve, concave to the north, having a central angle of 29 degrees I 1 minutes 27 seconds, a radius of 760.00 feet for an arc distance of 387.20 feet to the southwest corner of Outlot A, said SAVONA; thence continuing easterly along the southerly line of said Outlot A and along a compound tangential curve, concave to the north, having a central angle of 39 degrees 09 minutes 56 seconds, a radius of 760.00 feet for an arc distance of 519.51 feet; thence North 50 degrees 39 minutes 36 seconds East tangent to said curve and along said southerly line of Outlot A, a distance of 410.97 feet; thence northeasterly along said southerly line of Outlet A and along a southerly line of Outlot C, said SAVONA and along a tangential curve, concave to the southeast, having a central angle of 20 degrees 49 minutes 17 seconds, a radius of 1,060.00 feet for an arc distance of 385.20 feet; thence North 71 degrees 28 minutes 52 seconds East tangent to said curve and along said southerly line of Outlot C, a distance of 202.22 feet to the northerly extension of said west line of Outlot F; thence South 00 degrees 01 minutes 13 seconds West along said west line, a distance of 116.02 feet to the point of beginning. 11544713v5 ua waves Aempeox I II 1-1/97../6 •••=1 • K....7m, '1,41T4 euones NamaIrtii .4U seuuai - 4.4'4,44 ;""."^ "—Y" ." „'"„" :44"."." „", „. da .44,„ 4. 4,4 r 4„:.+1 .1„ f44, x. * +,7",• •,•• •",„ -•,<„ • „„„,„"4., ;ea' k,4 a4r,4,4 .44,4„,.4 MO • • ,•,•• ••••1••••:,,,,, 4,9t ,41;8 r, „,"„ "`: „",- , a 1, „..7„; ,'",•';.;;:;.• • • , /„/„.4. S „.. / • "'",," • Alui,tdpa iuout,iseg Ampuoy • /, 5!;"' "7" "'' .„4",‹ ; '• "°"- EXHIBIT B FORM OF DRAINAGE AND UTILITY EASEMENT • . 'unpdas muo!suasud poompam 1 SLI,0 'sss"' ,s'ss 0 0 SSW X1E;SS0.610.1 .6T9 ,f7,\ .t A101.4110.01001.1 11,0 VW 0 004 *0010 0 001 strUsts-sr",,, 0 00y000 P&J10000.003.,74a' 004 0'0 tbAntg` lture ;vs 1,0000 00, 00101 .0%0 0,141 11 ,01 3.0,1 1410,0,7 * Itort 10000, F. .1 IqZ4 -1r00.50 0,0405000010. S.0"1400tis 04.2' vrairt 10 rrt,s, 000. 00 orIrit Isr+Irr; 4111.1.14 ru/ 0..1.0.004/ \ I 1.1111. 1111C04°,1 „,.° 18.1.4,1.10,11V.05 ° 1.ItirrisrNrrip 41 1 10.0 r btrur/11 IT 4192 R=.152.00 p=T2B'TT Cf3 N3!°5772T INSET A 6 tl td did Ida 6-q = dry Feet !M&roge *Id Odd" [ cmakts rra sA°wn th,r r (N° Si'mej A. 5 reef n *Rh, tedtrdr atferdidn nacafr>. 4 adp».ng eat 40dd *ad 10 foe( m .i4th .a.ru# a1F rsvg rfgrvt-pt-nsy rors us :9uan m tnc ,Oat. ne sae i r 01 fd dlcd i 5.0,4 dt,d R ammra ra LMJ x 010/ .1, F G tb Hems if' hM by t4 wad bbnn nai add tnttkM 1�}t rmw Nn Y-30, am • L4n°tn dd2 and ,re, tan rear ddddd erd ova I3D71, Westwood P ofesional Senf ken, Inc V7LOTO 780440 ;7. 4.09:Szt/r. SVO Ms..= a. Mi. C.orrievy. 41, OW. 1..a. INSET 8 5 ,==.1 2 1s Oso S.. 8841144 S to 44747. vsluss usd Ast Tit fest ort o.s. 41414 Satss . 4" f kW, = . trn The aner+Soitan ot syslsot 4 74824 the ackeiN 41a1S MOM S, 41771/G44 i4 a... to kw= 134..SS5r f- frt. tap ,S kr744 kon ret74 set met trsonsa 40 2.402, Assol. hch 8, 14 im.1, r•Chui 4744 salsf 4444•01 . 2,2*1. Mer.st grAer,so ..otres SSS 541.3.14/1 t4 WOO 2 S.,41;4 1.44 3 !.1 32224334 3 4 4, 4332432223 2 kwoovo.w „ / T 28447 5771 LME NO.5711 td6 3 ,.7.07 #: .t..,,, ... 4/.00 'it 4 2 , E: ,„„ 'e ,.. 2 :3 a 2 .7."03,,,V11" a_..123,s2._.i.;, 22 '26 ,..lii....92- 4 f AS SO i, :1 1 : . V: 1 9 =4;,,- _i7 0 . 7 li 4 *r_, .! ,, . z 2 2 34 2 4 '2 3,3‘,41 243222324 2 12 , 4 422474 ,"1 ,,, - '''' 4 tZVO .'!'3,G.- ' ' ' - ,44:1,84T.191i 6 XIMMIOUrt , g,,,, y o..... ...,W,,,,,,, 8 sit.,.0„.„.-, + ' ,,,,,, 4 ,,74'!,,T: .7_ _ff','...7."-, - - ''-f, ,„„ $3333°2„2:3114 106280 Noeoreecer .33.14424 23 DETAIL 00 2 13 3 1,1 4 _ Westwood Profenlonal Services, inG S VO 33,0e we. 0.0 10344303 wet whowit 033 If) (00 I Seww W.. u Wee wiewer, 03334 no, 00,34, fet 1.004, weet +0 re, et 30, ewe e0,30. 03e0y gettee 74 333 we Me estet ter feet 4,4 =37weet 30 0.03.3 01547 344413 totele, w bee, wer few w3ww, If, 0*0I,414,%114414 ;AO 333030 W uww.mod Wwww W '.„7:::Ari07,15'5t55".5n:57,'" "' c1:71‘",155."1.7.‘5,5%-'51„:r5„ wWww 0033,0 33, DETAIL T 0 curwro ,t7;55,5 t 3 "VW' 33°A,333, 50110 tte3339333 4 ett.00 Wet. .30 w04+59 5-0 o 5 55- 33"33003 -0331 MOW 5..12,3WWWW WWWWIPWit ---125182 N59.55-34f fwwww, ww .WWWW $82.43117" 424t -;5555- =44544+ s te, we 55- 5 5,-.5 w„ Westwood Profeseional Services, Inc, ,E015 SEE,EoE, or for avo Lake Elmo, Minnesota Prepared for' Lennar Corporation 16305 36th Avenue North Suite 600 Plymouth, Minnnesota 55446 Contact Joe Jablonski Phone: 952-249-3033 Prepared by: Westwood tua% Pro;ect nprabea 0000565.03 iaap osio Stove List TaNte Sheet hluseber 51441 nit Cove, 2 Overeet CoelIng /7777 Cruet:eq. Ofe.404 01 Erosive Centro Prue 4 5403900, INR:4444 01 Ervsion Contrui (404 5 CeviSeg, 1357e444 A Erasion Coeval Prof OrradOrr Effeeog. 7, Erellan Crow,' Man 7 DeteBT A ISet474 O Street Prefees ID Street RoN441 41 Poo-pc,.ppmesit OreTTeVe Oev rq Po0t-Ce7454740eer Urrenvqe Are, Sion Vicinity Map SAVONA 1ST & 2ND ADDITION SIN Gf, FAMILY GR A D,NG AREA TOWNHOME GRADING AREA aar, Iva ODl-Pf P,X 7E357 No. DA.-ru RvrsaoN 1 05/70/I5 REMSEO PER WATERS:5E8 2 CS/53/75 RE147560 REIT CONVENIS 3 CE/25/15 REVISEEP NO2 CEVANENTS 4 7/14/15 REVISES PER COMMENTS 00/55/15 RE575E5 SOC 1403250744 1.% 33:32. sm-rs ALL ALL ALL ALL 6 if WARMING: 0770, TRANSMISSION LINES ARE PRESENT NITRO 1140 PROACT AREA. 01 EXCAVATION CLOSE TO STRUCTURE LOCATION A 4010490 0073oI7 01 oft 00 TECT Cr OreleCOUI WM vIrSe 03 00443040 NOR 3143 PAW or aff 0440 070531377. SUPeOfit O OE 0847418 0E100 rut IRO MORA, TIE ',ROWED ST A OCRS feri GRATER IRAN tfERCE FM k101.447011. E0 CAE fiXeS WOW, 50EFEE0 MA, igm; EE P.OUDEO 04INC Usi IX 044301.0. 5030: OMR, NueoNC 0e41CS TUMEettiG, WC PEVEE: KAN FOR .'filEYEANC 047 RECLIKO 470P00i AV, rryE 749000077 PE,Of EGA El,: PKIPEESO 1,305.0Y 4,,INE at 940343109 TO 0CE.4 EXEREY FO4 fiEVEEr AND Ef'.001 PR,C., 'rt) 0014171090040 STARE. VEZEVIANCe TO ECTIPMENT AND WORKERS A ArEEKP1G GUARMWE 02 WEN, OM KZ., RENCeri ME Olsen, trivEMVOR$ A'it) MO EAENES OR P4E-E= EEROPMENi VbED At aEzo;$Eti., ELEVADOM .1 OR NEAR 103 EASE047E AN, A 110007776 VF ,EN EOM VW ttErEq, (.e..e.) rf) -fee forStChs. 3400ee1e IN OREStk5 74E191 6E. ' 445NIA41411 AT ALA MEN. 474 0100050. At, coNsfeuRNes t4(444 Er, ,REA,PEE5EN SAKE!) SHE, COMPET ,440 ALL t'SAA V.I., tlEmEEEEES. A THIS CLEARANCE CANNOT cE 744NIA1440, .1. CtEdfltACWR CIE CM4tWER 008T AE,IbrdlE.E ETA A ;INC OWEAGE Sr "FANG ZEIEt, E0£=71 SEUVE CaitkiaL GE03R190414-E11,:: .ERIAN 012/1312-70791 AELEM,E fa.ifas , =947 440141 et VP(EALEE, '1 ODER ;0 ...Oak A 3,34 OUIAGE, .. Au ,.., OUTAIT 1% AVATLAS,E. ----Construction Plans fiRE Grading, Drainage k Erosion Control Plana for Savona 3rd Addition 14.4.1.1A 0.9 0217111$ 44l 74 9007 saD50147D0410ss4.0asS4100294*4ws4.4D..- 7-{ Dirlp 47 PRDISLT 512(ZUENCNII a DairtalL wi.D.D/SttiN NNT ,SNSE 2 D4014si. ADDM COnSWADD-DON ENTNN+SSCSS 5 coos 5,45 440 4tS741.1. ODISETS Crss 4440 00 SDVDDDAND DAWNS,. ossrs. DST itDCS AK22a140141 1400 750o 5 stsSs 222.2 • NSID, ilDDDRAss SSSN-EratAtivaa DivDtas w£S DNDSS CD AS D,W.CDD 71 ao-IE SNONEED. It414424,1 .tiOAS .04 40440 S SESO 041 WV+. NIT SI SwiDSNwaawoa 44404444 DADSDAISts DDSS 4+1.4444 EaDs2A04weDDIsataDS ASSAD rrrs rout 1440 0SIDID.DATNN DNS ODDLISASN 44 FINDDE Sa-sa aDN. ADM, PSW.DEN, rSsrtsstafi NDS SEEN EVASJSNES. otaLarD13 PITEEPTM2E-'PA21202 , TIMM MCCRARY INFINC WM/RATION AREA M413 OCIPNECT TO INF1-TRA1101 HAW , - 2 MO STINCTURE , (SEE Starr 4) 44 ALAMEI Cr*/ 10 +45.2. 110 1.9* P4 5.42+5 0*4444.42044.42_214, 14•per. Lerma'. Corporation t+44„t_tt 44+4+++,.14+444 t S4124 .44'4 Itar t! tit.f..+4.441 www sfa sw,Ds 2.05N 811 or callS11.cors, Law,DNES SD, NSNYQ CDows, i2u0 2.SNOEs Nal wiuSE 17 DENDSCS KANN DDT, 002 WENDS DaThO/DS E-ArSID:s D.DraTDOSS 4040105 PRONDSDfa 00.410.2N2 114 DENOISS MVOS. ati Vast sDNISDAS DENSDES aVaNSD StweDs DEND/SS DDSS.. WAN SEWED 5"725 DDNOTES PRONDAD SDONsi SeNtit DDAIDIES 140140E04 StiNDDLE DONSIES EVSDND 0044 OE UNDIES tosnot sror rteso.Dra, NENDSED PWCPOSEif TAPTI PIEVAPPIT SDNDIZS ROOS SNED22 DEWED 4:4*ER401102 OVENDNON ra_SDNISSN r moss tort PRESEilorRION MIDAS DiDDS NYASSIDADON SADDISta Dorms 0114.1E5 0040 ttCf...12,t+ DONA 0 DREW CDNIRD..D 28-52,5, 005* ENDS (Ns, TRWOwara) Atr-52= utzwaar —" SENEPA, NOTES: w Ass DONIDNDS AND SPO1 DLEVAPCNs ADE SsODN 14 assIDDED SuNDSCEDDS-Daltal .NDSS UNICSS OniENNDD NDDI, s DCWED SO atiE Sat PNAN/DEDDND PLAT ros sort C.Oortor NeDDIONT, 910 DA.D.NCNS Ara urruO • rNE CDS-RAD/CR SN,2t. woro 0411014104 AND 0E04DOS 10 ENSVND VIDNNES 04.0 TPAPPIAPPA., STATUSES awiDa ODNESS raD2sE4*15 NAPA 10055SaNS-SPON, THE SD14Y0A4:2S2 04*5040101000,0t15,4 t 44*0,440 .ttty. twarPANCtS wASIARNS a-NDN faks. oEE SHEET 7 FOR CITP OF LANE ELMO STANDARD PLAN NOTES FOR GRADING AND EROS;ON CONTROL- D DO NOT D;STUR8 Nom: 1+0 4,022,11+ 4+2._ +.4:14-440(C14. ++2 04571 9*/1- 502 2/.2 NED, 744 410, +4,4 4 r4444ITtC+.: • sw: s2 ,-2,2- 404:FT 4*4 rt+ +244 Ci4E11544 2.4+2 4.1 t'E0010++4 ..*4- 40t2At+2+., P T r crorastoorz ..o5555-5s 5555,5 .55 4tE t4+4“ MD SE 0.1. -V.+ ,22++2. 4074*4 TIPOT2 , x P- sms TDE esSaafaS 10 h 114102.10 4 01400 TO NAND,- ssiDaa: 115 201.11a54ON AKA Mitt taftli 47 4+E rat++ IA OP PA TINATA 524. Dar 2,5,2 MEDIA uSsSIUSS, D:212 50S02-2 DDS2D, ;NS DATEDIst ES ssat5. tia 'STANDARD .MIGH toga, Savona 3rd Addition 11.005 34th A5V7114 Nast Rate Na rAnsT.P.A. 11444nnemoix 3.51.4 SINN Diasanawrots .075 awar,005 DENDDISStsi_ Wart Resioron Dots 00P22/15 22/22/15 so. 2 OP 22 Single Family Crverall Grading Flan 4144 , VON_ 8' MY 4444 n!s (.417)1 oirirm, AA DND 1000+444 TAT rEncE 14 oE PREtlf4 C4FSIT CAnalid INTEMALWAT CRXD (II.) TA III MAL - r2 end: 1,../NO'1S RM.; L.NOTEIS SIT fEWE 4444.4+4444 C.-5140,15 15.31ES COWOottS ttraOTES Piit,PO,EL Crhf...AS VENOUS Poop/nano moo43 coonnuos 'OAS. ' rOn A 3, m 4, MOTE'S, PAM 51049 S441E4 DOW. VaSEINC MALI awyo —OA C1eiMf..5 .K.raSeD SVAM St..R ' - trAIECI,E.1 eXIS11.1 tfiEC 1, a UtP/Xt. 4401$1140 SAM i."..tang OUTLOT AO-44 4414 - 0514 tEA(IMS PROPOS-ED SPOT 4t.t..11.4 EIC.OTES 8,0-544(. (AMON 0.505S 4441 tvtROCKY tivEkri.O. o.000.,,Ao. no/onto MUT 04ESERY.P0t{ rENVNG 4 ',JOT Even...box', Efte.r. tONIVOL A.KEY RAD *CCM 3II0040 4114 orro. 0 04145 cc� Prep...4 far . -44 *rapa 14474;Atl.0A "j;slit.,A,KAi 1C,f 2„V, ; - A DENOTES PADS MIN REAR TRANSITIONS CO, /40543 NOT SCE SHEET 7 VCR CITY CI LAKE ELMSTANDARD PLAN NOTES FOR GRADING AND ERQSION CONTROL Lennar Corporation 144335 36121 A•mnur 10444 solo eon Prypmerul h, kannAgarita 3:141.6 490 7*13111**' I ca-A ,A1 A - ? -;/11, ; 4. „ I o, ARA RTV Ssl, 48 1.g444tomen tg,NE.; 411 or coilall,com k.g., We* Rooisfoo Moto IA Savona 3rd Addition 449re Moo, 14tooroo. /A" 000 02i32/13 000 3 . 12 Single Family Grading, Drainage te Erosion Control Plan TORPORklY rITC,AiN SRMAER AHD PiPt {SEE DEVIL 9.1e3.1 16 BiT R-FMOVE.1313, HAS 4E44 ESIAMi INFIL7RA TION EA Si . OUTLET ELEV.=-11)25.0 DOT T01.1=1023:2 100.,:g? HWIr=1026 4 CLEAti—OUt te, tn,f .5 ,74 Lr or 15' 13001fll00002Ot. t EV; 10 00210 2 - EMU 04025 NWL R 1 100 YR OWL =1019_9 !!!,:r TRATION 30A5IN !TT OUtLEF ELEv,=1015,0 EE3T0131--1013,2 100 yR Ho/L1:)019.9 74.4052PAR1 r10925p:, 0Yt1344041 APQ FIFE 010 0E174 94E1 13) (IC REMOVED tl#Cf, %it/ 4052 eFt,I ESTAttEMED k440 if or 15"' TEvf,TOARY P,3014G,9 AND COUNECF 10 tNF,L,RMIDu 84504 2 11120 SPWCTUEE 02 .1t,L Prim/A Inn 10 7.6 B, 4'gx ,P00 g!!!PT *0015 0 ,S' ,(34,110 c..1o15,0 01,1100,,103520 Yak 3440.101344 Lennar Corporation LW Man AyAvue Non!, SAW PIrcarALN. ktinaraot• SSW CA7 1020* •022- T:at .3 viu,s Cticto, 411 or 00081 1Tcorn 111GEND: 0011005 saL 0105. isEMME.% SALT FMTE 0411010S 31050000 109006 441.11.E5 0051045501301426 2904e=05 02420600 041.1104RS DENCTES 000004401 14103.0 0024104144 mR. si„,0 GENDIT„S Ext'AltIG DENOTZ, 44 03140 ittitu ,froi Of -NOTES P'.,,POSED OP,t;RE 4054124S 040962 ,REE WeE ign`G,ES 060110 630O1 ttEVAIICA 4454 0E140I0o04040600 44000090441052) Dflet'iti L40.0, 0-itMi tai.,0-TON oottat,..re, VEM7-1ES MEE, F00iEfi40004 10404..; SteK,E." NOS,. cowffitIt. 01012001 0000'ES P0,1.1140 =0 Et UTiono foR CT 200200420 2015.4+04T H.NS twAYI OENOIES PAL% !MIN ULM INANSI NON> NOTE SEE SHEET 7 vOR CITY LW LANE ELMO SFANDARO PLAN N07PS EON (RADING AND EROSION CONTROL - Savona 3rd Addition 0454144005 Dale Vrate 02127/15 520 4 4' 12 Single Family Grading, Drainage & Erosion Control Kan 'EP-SPEE.RE-R= pa„.. tws .1 he *nem L',1v-t1,741%,V,11%.., —ESES PEE= (PPP Lennar Corporation 16.105 Xoth 55,144 all or to11811.rom, ORREEpr, ORE. PEER, st*, ESERESSE SEE REP..; ESEPWRE SPP sEECE DERESIER SERVE OEM tat 'MS POORE SERINO EtpOtioNE DENOTES PROPESPO COWES ISEPOTES ROPY -MI ;WERRA ESELEPROZE 41000000 PERIM. SPESP SERER OPROTRE MEMO SUPPE SERER ppROTER PROPEO140 SIPEM SERER SEEEPSEI PROPOSED I,NutilhE - - DOMES PEEPERS PIPE sPiE s OSPOSES REVERS, %POI EU:MEIN "9* PEPOSEE PROPOSED EPOS MERRIER EPP, DEPERES 0005114. EROS Str, PREPPE 5,40 DOOMS SEERSEEPCX GRERSIEw aC011,,), PEROSES TREE PREPEREPEPRI 1.1 stort sire larrtri PROW-, PESPERsOt ESPEAPET POW PEEPER REPOSES POPP. PS PE UPP,ZSO000 TE(0PPERY EEOESAFRIC erNss' t)ENOTES PADS REAR TRANSITIONS MIT sEF, sHEEN 7 FON (Sri C,F LANE ELMO STANDARD PLAN NOTES SOR SRASING AND EROSION CONNSOL, Savona 3rd Addition Lao lama, 04ton1 Revision Dale 0713/11 0.4 0212749 Nr.r 5 or 1) Single Family Grading, Drainage & Rroaion Control Plan 620.6 '006.600 5,4600.67 50,6, t44, , _1,434 344 -Ti . , 5.40.50p 3,40 -4 4=4 43 43,f MkiL.,9".. rAtn %SNP-0117 tyyD), tav s43,3, 4434 VA. 34: 0 A1111.75-FAmILY SLAP-ON-CRADF. .443, Ita4 1411.) V3=4 0.44 trile 30, 31.4 334{t NW. 0E60055 SQL 006010 LOVES St, ,ENCE 004700S 60505 VOW 05.7 5E010t omora (vs -we Wtiat00 0000555 560.40500 604764660 00.0re77 5501.0570 ;655014 00070066 05.60100 WORE 014000 551106 05000Z0 rnsrfx 7750644 7.0600 DENOTES 600.000E6 5,0104 565455 0t70700 560505E0 6506040 07.040ES 606506 MEE Lt5E oto DOOMS C7161160 5507 EILVAVON 54 55640705 5560056.0 1.07 0.04,7054 6600105, 607-41076 OROStOtt COORS 606 777452115 EME00-5000 000656000 51...4,4600 55505-5 7375E 555.60460071 5E6660 60 5050E STAStaktION EOM. 7.604000. 64406E5 00410000 5,457 0040004 057(0 00575 5-15477 t0611,112‘..,560) 54,617771 77E0510647 000501, 074 765.77065 0.04014; 66,015 110006 C06510001106 0.0077700 6604004/57001E1150 $70.567 C066106 Valt,1474-,V,q, =Om 100 DENOTES PADS AIM REAR TRANS:71014S NOTE SEE SHEET 7 FCR CDT OF LAKE ELMO STANDARD PLAN NOTES FOE GRACING AND ERCTON CONTROL. 477 Mot., 70474701.6 ERO5551 r5 811 or callEilLcom 0170.0 rroC64. 771141.4. Carwrart U0,-410 .11.c3,.• 1114706001. CO, 111 64-44154,-"Sts,," Ski FENCE to Ot 015,60E6 0044. 10 orr-DIT 000050 MP AAA 67544,5 1LAAPANA .t; MY:5°Yr t J„, r41 - 44.43,3, " 0)4,4 n,- F AlcgLy 1,1.70K-171.!1 ILO) .2,616706140 *40 06 5E0006E0 tor TO 446141.1 0601017.5 460.0 57.500706 sto 7106006000 *00 to= 010 4-53 A.311111C OD-ARY . 0550515 (OP) 1 ,,,t 0.3 31,41. 8*8 010 , -5006,45.6510 00AD160 00744. Lennar Corporation WIS 3645 A.**, Nurth 6.a CM 35446 = 770900 5751514;740006t Tialt 575511E147, 0441 ottmtt e0054.000556 60050 01460640 SW, BE DM.; 0000 ot 55.000.001105 5556 WC. STME 5500456060' Savona 3rd Addition 507711765, 000n0detat 40 .765 0,114448.8„4" 4(500101 0441416 • TA 46n0 5:654167- 67.745070 WALL TO OE 01*0040 01(47400050 .44114 g,',..,Z*Wg7444 . ; 51010 05 on , 77 Least 101.54.477011 Dat. 0etiOt66.5 Om. 02/25715 84*54 6 Townhome Grading Drainage & Erosion Control Plan MOO, Vitesom4 PorrotmeolSmOm. MMA, ONO iLT004 CITrOOM-OOMMNh., I -• , - •,-,-. 1,014, CITY ()FLAKE at-TIo aTTcL-Prirsmm MItt Cfrf 01, LAKE ELMO Y OP LAKE ELMO ro. 01,0SHCC it..A Rot, 11,, OM M1 Ort,KE EL MO 1 0,51,11 , We ,11.101,,pt 1010,41,10,1401.111 Cita111 041 .1111 . t e c WAVE vtt OMER OTY OF LAKV M.Mt.) COOMtrt CITY (IF AXE M.Mt) I SEC1014 8-9 POM 100100a 1„1 ,T1 o-O;I: CITY OF LAKE ELMO 4"‘ ADJ.-NE/11 CITY OF LANE. F-LMO = 1,14, OT Y OF 1-O.E Kt.!.,10 LT-0., TALI 1411,111 .011,' art; or (AXE. M_MO ItLyartTmaza None T , ' ; 0..;. . 1":" CITY OF LARf ELMO 67,40A11.0 OW+ NtOS 000j CITY OF LAKE ELMO "1,1-0,tx 1,01: 0110,, 10M00*00 EOMOI 008000 TOMOOJM 0800*10.1 51.08010* nOf 80M000.40 04101 ,Mt MOM:, 7:27 W MAO tiONFOIZOIVO laMS rIIft OOONO.S. 1 000214" Lennar Corporation VMS 3144 A..mao Warth 5103 434 04.16 Savona 3rd Addition takt Mao, MtramoqUi .41 term, o.q.y.m7 ell or co0811.corn Commm r.0,11d 01100 Latrat lie 'Axton Mac comni 112i72/15 s..". 7 " Details e 2015 ereeeeeed Net... leek -tee hce tow, ar ewe eteete tee St TAU uek `,'et 1e\gL'E:.;L.9 5711 STREET STANDARD DERAILS ft:NE:40 AISIORATIAL STRFFT f2S'-a fdAte crir a LAKE ra... OEFM.t'Ll fee iteteee Sieette" WeCg tee le"r ee rel'e '""""tegee"fe tee eve bee tee., mrim rta"-:"' asa. tt5 COI LECTOR TYPICAL SECTIONS Veetele elteefel elee PRIVATE 5RFE1 (24' SCAIE HU le Tv Get" I Ott Wee e,ef ,eet eel SMUT SEC1100 SLIV-SILISSI"Ir '" " - ' etee "reer ere e o'e :mete. arargaraa ...a 14520T Sala teeeettrZeR eir teettee 000* t 2 Of. 430(204 r.P ] reeyeeeee —4e'rejee ;4:Zee, stS SINCLE—FAMII Y WA' K-01,11. (WO1 rigPM?:71 30- 40742040 PAVE.VRNr ATC7700. CFOTAVINMit amor itt.QUIRED aa Vatt? " 1.1.NiaTr-ort WARM PAVEMENt sECTICW OR RECOVAIENL 14-Tre4. f f,V17...,, V LAI }(01 teSeee eetteeeetee teeeleekee eee yeele eet i-MAreM"AFIVAimi I I .414r403420ai004ttr2030f 3111,11.E1 Ye' leetete Melee. tlet eee Fete _meet .eee ...see/0m- Attlee. teeiCettee Seelee0ee0 m.peral ice %Aso. 07,3 --f etee eke.- eetee tree ty zi 44 ei eeeee nee el srNoLt. Y (MR -OUT (Ial ar i 1 1 -a.. ........, - ' . , ,,,--,,,,,,,,,,._ . -- " '''''- ,, F.' ,=. ......a .“.1 .... fe,... U. jr, RINGLE—FAMII_Y RAMF)LER (p) cry OF LAKE ELMO L ennar Corporation 16105 3200 Anotroc Momb Sulto 202 Flyreoally lairszamet• 000 1:••.k.,t,i a ra a. apa P.( 11..4,4 SP. tin re 111,0. Vq...S teeeete eteeee- mete MAX 41:1=11g" flill1;f1g1V7-g-T" "" " " Seteaef eeeee nee. Ur tette, Savona 3rd Addition 004* taa. C. 44 Neon beam el lee MI or can/311-CM Coen*, Ae,e. Utast Re/Ulan Daft Ma) 03 , ,•, Mac 02/17/15 $ Cr 12 Details IQ5 IUx I04C Qif. 10 1QZ 1020 1015 104C 1Q6_'_ I Q135 Q7_`_ 07[ IQke 1040 1615 Q3C 10a 1 QC H.A £560 +90 A 1434 E. ^TA ..+1148.)3 M TA - ey 10,93 491 PA0P A 1333 43 A.4 4&PP 5.42 354 25W' 4. C4E h611P. 4 FAA STA = P £LEV „ PAP a PA; ="u.laoa EGCV . 1070 or v igil 46 45 44 43 42 41 40 39 30 37 36 35 34 33 32 31 5TH STREET NORTH Na 9195 4.54 S2 401 -410 . 2e07.99 PN .SA = 29414p N 64v » 195' PO 4.0 - -7240 OW 4 k! E190- 431924 AA. STA A 5+33,24 PH 51A » 4414 22 °N PUN . 19949A Aug - i PPR S3,19 1C000 vc LOWER 6TH STREET NORTH 7 9 P 4907 + 4144 29 1059044 AP, 054 a r13 PP CA &400.i 1044.49 .4 . 5915 - Sl44 04' C 10 11 12 13 14 15 16 17 16 JUNIPER AVE N 29 20 27 26 LP, Gizv s :04344 i.P. S14 + 24,40 p4 u4 STA + 21.1 PP C+.CP . 1444,9<.44 Ao.-4SPZ K » 444775 2 3 4 5 JASMINE AVE 21 22 23 24 25 6TH STREET NORTH Lennar Corporation 4365 HP, 00Y.. 1047 17 115118 uP 514 A AA45,C2 c. Su, - AiAPP T ion £££Y » 1449 Ir 34 0 40104 182 1..05 LA, CAPP - 1439 25 AP. 574 27445.94 92 Sig 2147744 Pg 0559 - 1940,49 A 5, a 4 409 . 4405 S0.90 Y. Savona 3rd Addition 1554, 3016 A.+aw Nw4h 5uld 401 P r 440 1144,41. 555N Lis . 541*flmcv4 1a30 LQ25 L420 10,5 001 44 Pais oerw. 059*'4 632 or 4611641.44m 0010 +. 4.444 i4in4G Street Profiles 1105, 1105 5 11Q0 1_465 106 011)44r 0 f�Q { I575 i U 1975 Q0 I Q4$ I on! 1085 1075 P PUP = 1040 I03G 444 Pvo 4tE4 10+5 Ka9414 1021 14.55 11250 1045. 19,15 I070 1QU 2 3 4 5 6TH STREET COURT 4 LP flay a 1033 G5 LP. _STA > 634 SO 44 PSI STA » 6 45 G4 PAT ELEY R 1433 ]{ 130.00 vc 1005 1050 1S155 15S0 015 oj4 7 7 8 9 10 6TH STREET LANE N. I0; LT E:E4 « 045.32 1.V, Sit a 6rt44l 431 444 « 5454. 3 0:E4 = 4I4,43 3 TA 1f7C 955 11m341 Six = 1443 C3 PSI ETES . 04514 2 4 _875 LP. LLEv « a 0234 ' 503 = 1210Q,4 4331 STA . £4364.014 33t3, _ 16,451 34, « 56 STA r. 33 SS 321104 42 1020 11615 1014 13 14 15 16 17 Lennar Corporation 0f*. LILY ®01300 wP 514 - U'44,`C PA STA + 44 S3PP w 3344 = it3.i9 AL x -Y20 a1044 40 2 9 10 11 f2 13 5TH STREET LANE N, Savona 3rd Addition ISM! .Wh fl, 1S Nano Sulk 66I F12vewlh IA4!4' ,4 50446 - 2,akx Lae Mlaawd(0 N.P 4110 » 954 ED 1,0 SSA . 1337444 Pw 443 . 1434443 FN i:..a a 34I14 3,3 » 24334.1 . 50S0 d to 4,3 44,4 434,4 - Bfi or tc31811.cem 1920 NO 1.410 085 100 595 19P >4 VAS Ir r 1 ;'' I r r \ EX DA-E2 \ / EX DAI-ACN , - li 198_ 1 i \ \ 2,09 AC „,„,„ „., __,,,,,_ ,,_.... EX DA- ,,i I'EX-DA-E3 " "-----, , xt, rt A -- 73 EX So.-11k4 Area ,rw 2t9 ,4* 111 44;2 r / irinmrens 1,1RA.193 EX cU ' 07919 AC' Etsr,,,c 1MS Wirt folhav,i,' t.r.mwd +11 9bgenry( ,rn 1744 AC- 0 .23 r Nr, 'I. '49.—ftl 13. nvowll 51,12 EX DA-E4e).-awr -4' 2777 AC 40S8-1.4 Lennar Corporation YE,11, Anna. Meth Plreouth, 1,linaziouta 5,11,5 ce) — EX-18' pulvert 539 A 1 Ditch AC EX Swale 306 AC Savona 3rd Addition Lote gimo, bet,. 811 or CORSI 1,COM„ A7Vranci,, Laimak Revidon Dom C1(15,1r c2/72/15 11 c. 12 Pre -Development Drainage Area Plan ,2015Cfl In1711fklibii , , 16 A 1Wiltralior?' •• 0aeln 2 13 AC ratiii mammy o; infilkationDetenfro Real& 4 Pond 6 4- 217 415-A0:-\ •, enro '!--.,-Pond 98.1.6,711PP „ Trdimept- j'Z'Uf-1;;AriOet3 Ba,sfri - 7.19,Ac 4,8 -7' iAo -lpfiltration 263 AC 5523 JC Basin ' ' Lennar Corporation 1616$ 34th hum. North 9olm EGO Plymouth, Woo... 7,016 A1-119 AC 8'NCHOUTLET , - qz4 AC x A ; 1,508! Culti;ert 5.39 AC Col mom 811 or .111811-corn llmouon M000l AP;:;,:a Savona 3rd Addition Iota Emu. Mlummots t_ for or St#4,44t, e s V e o, Minnesota Prepared for: Lennar Corporation 16305 36th Avenue North Suite 600 Plymouth, Minrmesota 55446 Contact Joe Jablonski Phone 952-249-3033 Prepared by: est remelt razz„rz.7. Woo 4U1341137,,,3. .M.501mr, rikowread Ptdeenienart Sara, In4 Project number: 0000565.06 ,141,t 17,:def 0 SIR.0 Toble Sher Number Shed fide 1 Cover 2 Overall 3 Sanitary Sewer and Water Main Construction Plan 4 Sanitary Sewer and Water Main Construction Plan 5 Sanitary Sewer and Water Main Construction Plan G Sanitary Sewer and Water Main Construction Plan 7 Sanitary Sewer and Water Moin Construction Plan 8 Sanitary Sewer ond Wale, Moin Construction Plan 9 Storm Sewer arict Street Construction Plan 10 Storm Sewer and Street Construction Pion 11 Storm Sewer and Street_ Construction Plun 17 Storm Sewer ond Street Construction Plan 13 Storm Sewer ond Street Construction Plan 14 'Storm Sewer ond Street Construction Plan 15 Backyard Storm Sewer Construction Plan 16 'Details 17 Details 18 Details 19 5th Street Storm Sower ond Street Construction Plan 20 5th Street Signing, Striping & Geometric Plan 71 5th Street Typical Sections SINGLE FAMILY AREA fOWNIIOME AREA NCI -32 Vicinity Map SAVONA 1ST & 2ND ADDITION ••,_ • PATE I REVISION 05/14/15 Ecti.ttd lennot 07/17/15 city Coo -uncut" OR/12/15 JR4,13441 per Comment, Construction Plans AU tor Sanitary Sewer, Water Main, Storm $ewer and Streets Savona ard Addition Lae Iktuatwea [Nee MIAS Sbete I a( ZI 4.6 , I ; e* 11 • - T ' ---r t" t tAt=1.4 7'11, 1"•;<<-4' v.- C. 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STA . 1990 PM STA 9 149990 ,494,00 987.70 AAA ^.4.44 941004 balki -409 E 9#4.17 441 iS*0 9 92912 441 (E) E 91992 975 970 94019 KC A *(3999 E 894. 74 * (1447 E 99498 1010 1005 Jan ? 995 _990_ 985 970 ...wraw...“ • fa 3* Private Drive 15 1000 H.P.L*, 9 Ma*? 995 SIA 9 49*00 PM STA 10400 141 (149 93499. 90. E N. 15 TV .90.90° Y4( a r, •- -4 2 ; Y• 0410 975 _970 2 +.4 ma_ =et 1000 990 4. 950 985 980 975_ _915_ 965_ 970 960 3 0 Prerood 19•4 Private Drive 16 1.! ,Adt 09.4 = 4*54.00 041 EU* 973-90 **EX MUM -411A = 4.9A0 * 81 400 9 90 /AA () 99 3-4 PA( .910n le 44429 *9 ELEA - 9/4 82 Lennar Corporation 125315 5441 Avenses N.* 441* AM 14--. 48108 990 , 4 7 -1 980 1 g _975 3 970 960 CALI 49 14494 be.c. Ogyht, 811 a Conenon G. ccnel e RAMIS TO BE SOYA C. A 9 AVM 40' THAASIRON PACO ***(04909(99 WAS MAMA (9.01(941.99 EIXYATKAS „49 99 141193*VC4994S Asnsig NO/E: AA OMR 0151* 41AST*91 (*(48 %MAL 19. ....PPM OAS 4044 A90 9449094. CASINOS th 74*440 WAS 04440. 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CAVEIRACION MIMS SPASMS WAIL SOT SE MSS MAN 3 fi IS* =AIM AHMI 17 51 Ai MY 002306052 RACE 1/3 anal EWA.. 27441 *TAR Al SO /I *SAM MIERVAIS SOOMMTE PISESTROM RAMPS MUST DS COMMLSMO AT AM INTERVIIMM Savona 3rd Addition LIM Maur Mims**0 rf trx Two, OUZO* nor 19 or 21 atn (NA Storm Sewer and Street Construction Plan 42010 104.40,04 0044004444 SEALLE LET if; 44, 744:74747— 13 5N.r.,./EAY3,110-&-itARMAILICalittfaAlaitt_ 1. ORIEFET LOOM SHALL SF INETALLED PEN OW SIANDAROS 5 OTT RACK LE CORR PI MATIORS MOEN ON KAM 2. ALE ROES OUST WET 4440.non. ALL SON %COM 10 sE ORM RTIENSITY 00.11000 ROVE ROI 4. SOL ROTES TO RE orcei POWOMED PAINTED ORM. 30 164/FIT ORFORACTOR 45REERFoRTEr t E45150100 STREET SRNS O. 2044.00044 NON PALLETS SHALL SE IN ALICTOOLARF EMT RIF LATEST VERSION LE TIE T44004 STATTOARD 94045004344,. 013 OINTECSOTA REALM ENOLLTER440 0.444041, ILE LONNTISOTA 0.4.314144. ON 0000.441 TRAFFIC CONTROL PETACES LERATITTOT. ANO LOOM SPEOFICATIONS 2504 ARO 3451 AIL WE PAWLS 94011 BE NEE MO FACE LIATENIAL STALL ILE REFLECTOR SRN STEETILIC LEVIELO *MONO MADE 001 TIO APPRONTO 390544 SON RAMOS LE. Or RC LIFE ARO WARR MS AS ORAN 04 TIE KANE 3. onzuokr_agar, 00$1.5 TO OR UNTUFACTITIETS SWAT SE APPRONOT OE OE LAKE 01340 OEFORTLENT OF NOM LIORKS PRIOR TO ELLTRTEAnca It ELLE IREFOREETT FAVELIFTNI RAMO& %RAO LE LEER VCR ALL PAVEMENT SPROOLS. 0. 4440644144 ILARIONOS MEV OF EPDXY NEW WTI ONCE-LIN LEASS READS KR CITE LT UM ELMO SWEAR° 0*30005A00444 IVL TIFINF 0443.1. 41060.21`03' 05040,0 44060.47 4404.0.04 31 StA4-20400.41 r 1NE IR. LLEEESTRESTE, MTV arsH EFLI EATERENT OMEN. SKIFF LEFT OE RFOOKENENTS 0401003 4440041411 SPERIFICATIORE FON COOTTERTICRON. Ma MOON, 40, REOR-ON Ran IIRCE-ON CLAM KARS I 05 ITAIEIRTNT LOVERNOS SNAIL WET ENE. NFOTEREVENTS OF WOOL STANOMO SPEOLICATIONS FON CONSIMFORAT, TOM MOON. 11. egiAditiatIVII011dhlata: A CETOSSEALK ATE) STOP LIAR PANERFAT LIARKIROS MAU OE .04 STALIARE 030401304400 RIME TAM %RES 4470, 040 APPRORTO FOLIAL O. ALL OTHER PAuFTEENT FOLOONG nueotS 04A0LIE STAATARX NEN LIETTORROLOWE PAVEROLF WORM TALE. SDKS lao. 04 AFFIRMED VAT, 13. AIL RELLEF SRNS a, POOR ARE TO RE MO= BE REVELOREN OTE OF LATE ELAIO WAY PLATE TOE FLVTGEN EITEL I 444.41 SO BE TRACED ON ITE MEMO 44 RIMEL OLEN MEMO VO. ILE STALL TERM. OEN 1.404E0 VEXIAR. SINFET SRN TO OE RIALTO ON SIOTETEL, OUTLOTC / / 13 sat, wirk EINE TE. IL/TE- NET EIREFORTIEL) AR11W- 3, PRE. 44' TURN LANE Site Lend OnnIS ERLECT:nt P30O00114 0135 OF ccar SEINACK LAE EASERIENT UNE CORE ANTI ORME POND NCLOTAL LEVIER LEM WARM EAU FENCE CONCRETE PAIrcuvo CONCRETE ORNATE WAVY OM 0.11/410100S PAVERENT 1400111, DUTY BITIORNOOS PANIVENT TAMER OF PAMIR EPEES 1WANSLCOWN ORE thETERHIT MAME 'O. P.M ME OLITIARD RIM Mit A ation 44 Savona 3rd Addition 1*0 113 llual II< la, cfrOv, *411 o callfilteorn terne,n *10.4,4 Moms -4- 100 150. ,*1 04/27/15 53410 244) OP 21 ath Street Signing, Striping & Geometric Plan o7OtS ProT* 3parat, 10.0' UTILITY BLVD EASEMENT AU( 2.O% v.-wart tiro Pfir KM. 333 AtC/44.1£ art 14441144 41111 d1,4431.4 CROCC C TAO, 03.41 2444143144 4114t tiaf-V0.1. it...TAM SOF R. IKASVIC IC. 3, ...V C r 1.4.X. 4.,101401.411 +4000.4.01E OPIC 31341 214.0 MAWR 9C443.4t 14410701 11104.044C MEC. PC =ffir ACCIarkef, 10.0' 5.0' 6.0' 11.0' 18.0' "-‘ UTIUTY BLVD 'WALK BLA) EASEMENT (WiTREES) 7,0' 4.1)X r-wor, 2.44 SP *CAP.0 OW. MAX AGMECASE 4044744.MiltAcY 10,0404C Ts. Otaki 2,43011 2364 'MC ICC 4404-3.11440 4.56140 ACCMCAN. SIX 11, Wet. WAS 3. 4441.4V .444. C 114141.40.0.IMUSCD ACCRiCAVE 1141t WC)- , CLIENT CCA1434.34 *mew {U,C 114.1* supat. MOM er. ix ammo. U.C.S.Atto6 1'71E CITY 11F LAKE ELMO 11» 1* „„ _Oettp/25_640440350 _ At* 4,Q44 sr. c471,co " - 1,5' RIGHT OF WAY 100.0' RIGHT-OF-WAY (W71TREEMj S)- 11.0' 7.0' 4 1-... +-1,5' CLEAR ZONE REACTION RE,'";,`e-n% ,Reutri80.11:1,473)' ON REACTION REAC ON i aj14(1; Li , -i ..- 2.L. , n . ...ZS* 18.0' THRU .. . _ _ I- / LANDSCAPES/ MEDIAN 16,0' 11 0' CURB - 4 1 501 sT1Ei.8{,o'nRo,,, 7:,,,,_ 7 1 ....._ TRely,;RAIL ...._H 1.5' CLEM ZONE .----I THRU (W/ TREES) .:L.:1).._1 ZONE 5LAT EASEMENT unury io,ce 6612 C&G / AS TO HAVE POSITTVE6&24 'Cj4L----/ LANDSCAPE DRAINAGE CA PROFILE ELEVATIONS (S)A. 15+10 TO 19+90) 5TH STREET COLLECTOR TYPICAL q. RIGHT OF WAY 100_0' RIGHT-OF-WAY q, 5111 51. _ 120' THRU WA, TURN LANE THRU H-RfRo E 1.0 X (1•11N.R)EAC:°N 14.13.0.0' TURN LANE TRAIL REACTICN 1,5' CLEAR ZONE 2.5X - - 13624 Gas; CA PROFTIE ELEVATIONS (STA. 14+20 TO 17+28) 5TH STREET COLLECTOR AT INTERSECTION 5TH STREET STANDARD DETAILS JUNE 2015 io,a• um in. EASEMENT COLLECTOR TYPICAL SECTIONS 1 4.44 a.* Kft rcepopi fac Lennar Corporation .X6 N... A. Ncrat Saks tal 551-1.5 Savona 3rd Addition 1484. Kr.o. Ca, 45 KaFs bow. digging: B11 or calialLcorn Ccrnacr, Cow. Mince DI/27/15 sk* 24 ce 24 StIl Street Typical Sections tt,--ettttt-tt ttt 'tttt tlitt ttt---"Itt it Atkit,tilArq_afti- -t:tt 0550 00.0000 00000 505 555 0 0.10. 1055.5 08/15/15 ,„5„„ • it-ttilt- it; tri!. it r fl ti 0 STH STREET PLANTINOS VONA 4TH ADDITION 1100.010.0.000t tr fri'tt4t Phase 3 Final Plant Schedule / 1 n51,4 V, 4511 - 5; 0n. ,11 +". -,,,,5074.a. us -A LAO, P PLPPP,PPP,P Landscape Requirement Calculations e0, f ,X 00J, Per. A510. S.1{ AREA {tif5, 5G) ugo 144444), PMPIPPPP 1 MEC PPP 555 thPAI r i201 API 657CAL V01.411141 iffr P0,P011004 PPPE PPR PO' 5. PIPED $001110:51 (WI tr) = .106 c5..„ ovERA, 1744 ttrat 40. 1144444 5 =071 C=,.. 4 RES,RED 4,41f..CPP: 10-4010{0f5T5 5.x TREES 94 MAE 0 STE PREP UP .1 AC) P.PP4s-4L-S .P:PPi PS,P.PP Py.t.= 40f# TP,E 0r44I4E0E,0% IP114475044024404.04401400450001= 9. lems, 11 4498,04091 erlAir WtAt 10CE,W;4100."-a, - 20 10 0E440547 P,0441,PrO,PPED 5.7 CP, Pi PEG,IIRO ri 4P0 44 14 PiPAPED -t STKE, '040 t0440T.0,5 AUG 04054a torsro (44 PP} 00-1:05101.1 W,APCPEP „IPPIIPPED APZPS TO BE Ptiat PP. .04X5S 01t0000E 14)40 Lennar Corporation 16305 3610 Avenue 1.441414 Stale WO 11,0340 Atin44crota M405 _„,tt,tittt:tii7tatStItitt-StStit'tistatt-tt. - — Savona 3rd Addition Lake Mau, 0000000 t,t,„ :411,71rFr,% 044044081144 40411S. 445 V5S11, (.11-y 154)146 EL".. to ',test Revision Duie 03/13/15 C-1,1141c 05/26/15 10•0 1 0, 5 Final Landscape Plan STA.A.Z harES ei 01; 3 AU_ ..5tt T10140--4044., 1,040 etooicer., Ate 1,0 - \ 5 1,01[0 1,0 5-0010,00110. 00-0.0 - 0 0000°,0 4E0 I, 132, Z61, t anZt iNka 1,* ortr orns. aroot Itsma 10.593.1 ana. fIsra Amon. afrr p„„, V.V25/1.5 lark 2.5971 5 Cuciaki 6:131 SVIt Prcpand to, .1110 00 0-0 0017.,21,11 1‘1\i I / WrI.Or 0 i: ! f it i 4111,H144 ,0 IliS'XIDE6 01:LEES 0,11212100 ',IOU; Lennar Corporation 3.5.1h Avcoue Narth Rule 636 Plymouth, Nrtrumesom 2264 e 3 Final Plant Schedule Multi Family 1:01MICA, F457.4:4444 ,r44.4.444 TIES PLAN 0,001,0.10 ,00.1 0,,01:00,-.5 z4szvt,..a.t,c. Sth St. Lane Median Plant Schedule i00L 011 1,000 000 920 00,0 35 At, 000E03E0, LIS" 00001,10,, , 100 F.001,0 Cr G Stb St, Lane Entrance Detail Savona 3rd Addition LA.. am Minnow. Lateet Reviblon L3 DaRS/15 0,,1,95•1,fq: r2.4 05/25/15 162 2 0, 5 Final Landscape Plan - Multi Family '8 = 0 BYGIS 51554,B5g5t1 P9/8*40,0 BrrY5es 502 Colonial Home Planting Plan (8 unit) 1 BBB B", BOB 00811B5 '55`1501210 BBC Br SMEET51 ALBERNBTE 'BEL B. t BOBS $5 BB BAB, 14455/0 By 4114 ;CB COM 2— r--icro 55,„-5555tByy, By_53 515,1 5 Alm Oft BBB' -30 B55B5C51 BBBOBBB 515495,5I0BBY, 1 ByttlIBBYB "Bei \-5 SELBBBLY'S BY 1,44363 LIBP.St Fined Plant Schedule 5,552 eq. -orr BBB56 t 11, e L L,FfLue., ; .__BB-BBBY .5B Westwood SL-Tear 22 BBB,. B NYS IOC C.1,1 aa Our.. 55,5"ABBBES PUB ,ABBBBEBB 1,1 tylikrailES Y' "YE Yv51545 55. OBiBYEBABBB «6514 4 155, 145,11052 5,5B34.; 06141414,0,p''4614 i't, B55,55 BYaNtYlnYi 2' kW-L., OL (.10,, BBL '5 BB555 PFL'iLLF/4" PI AN' y 1{,00,1r '818,555555___ orre rel5 In BB/3C C C 2 ELC Colonial Home Planting Plan (6 unit) y ABB ;BY WY (BB BB' BY5B5BBT (BAK,' oPPos,r, i BAB '5.5,54 5,51 (:), BLOB t ntc 3 5554 :BOBS, BBYytt, ALLFRUATE BBLECTIBBB P8,61, zwisV. BB: BY LLPEET, AtiLPUL,L (Rif BE1BCBON5 B, PlYVATE OBBSB 5 BBC Cit 041 Sa(14 20700141: ea' 0ELEB51,55 BY Yy5s5.51E5 555(1,B.5 en tar 1,4,24_2 Yee; / ntd. Lk://ff.g• 30 3 iiSA 4*1 tt,2:1• 2C OC no re:r2tle NO-i5 • YBYBBYYS BY, BB B51E155," BBYBBBEB 15; THE {BS, BY OGYBYYYB, C51555,105, -.114(_1,E ABIEBB-("*3,By11440-5450 «1,1464,3416105 SYSBE ByliyABAYB ty,TBI BBB YEBY,Y, 15„55', B.BEC 53103145 Prar,and Ian Lennar Corporation 5_51 BBB_ ece_. \ 45 2_44 Savona 3rd Addition .05 NO 'value Norill So. 61:0 FrIratsall, 414800esof a 51468 Lake Elino, Mintmota .5/ CO 811 or co11811.com • ccemo, 5,on rower • ' ABYI BB %BB "Y BABB, BYPBYIBE MAW% Bit:BBB, Btr O,t) `e4ret_ , -451-41.5, 2 PS:5 30 B---- 5,e5. ABM CR BgB • (MANN BYBOSitE ALTERNATE_ MEE 086 (4 UW:11,6 df MVO Legend Ci 88-. 1-ItIES Latent Reveion Date 300.5/40 C., ONL 0 512.511,5 o4 4 or 5 Foundation Plan Details Starrawater South & West Seed Mix Typical Street Tree Planting Detail NO SCALE -AN iteetterte_. ,_ „,, ,..„... „,• 1.erk.elm 1ft 1[0. II It ',II, ItZt ,11,11 Dry Swale/Pond Seed Mix • Dry Prairie Southeast Seed Mix act! .1.141,rys.nra r1r4 &V, ear!.!! ttr; tanta no$; (P, , !! ! t 1 i! ' . ! Corner 1' !! interior i! 1- 1 s. , --t_ 0001 at.a.44 nee.. ,rep.rcd for, €.00I.000 7,1!V PLAN VOTES CITY OF 1...Yh:E ELMO Lennar Corporation 16.10 MO! ...we No71,1 501.36 630 Yirnouth, Wilrumcou 5.544.5 Supplemental Planting Notes ' / eettett tett ; = Savona 3rd Addition Lake 0500. MinAttevia Latest Revision Date 55/15/15 55t4 05/26/13 shot. 5 Of 5 Final Landscape Details Ti ii (rt)- JAKE ELM() AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: A YOR & COUNCIL CO UNICATION DATE: 9/1/15 REGULAR ITEM # 15 RESOULTION 2015-071 Savona ri Addition Developer's Agreement Kyle Klatt, Community Development Director Clark Schroeder, Interim City Administrator Jack Griffin, City Engineer Dave Synder, City Attorney Cathy Bendel, Finance Director SUC;(;ESTE.1) ()12.1)ER OF BUSINESS: Introduction of tient 1)evelopment Report/Presentation . „ _Corniminity .Development Director Qiwstions from Council to Stall ..... ......... ...... 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 third phase of the Savona development. The agreement has been drafted based on the model agreement previously reviewed by the Council. FISCAL IMPACT: Direct Payments to Developer — TBD: the project development plans include oversizing of water lines. The City Engineer has provided a cost estimate for the oversizing amounts, and this number has been included in the agreement as a future City payment. Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watennains and other public infrastructure, maintenance of storm water ponding areas (after three years), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. SUMMARY AND ACTION REOUESTED: The City Council is being asked to authorize execution of a developer's agreement for the third phase of the Savona residential subdivision. The attached agreement has been reviewed by the City Staff, and all recommend changes -- page City Council Meeting [Regular Agenda Item 15J September 1, 2015 specific to the Savona project have been incorporated into the document as drafted. 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 2015-071 approving the developer's agreement for Savona 31'd Addition" LEGISLATIVE HISTORY/STAFF REPORT: One of the conditions attached to the resolution approving the Savana 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 3ra development. The key aspects of the agreement include the following components: That all improvements to be completed by October 31, 2016. That the developer provide a letter of credit in the amount of $3,238,764 related to the cost of the proposed improvements. That the developer provide a cash deposit of $1,189,733 for SAC and WAC charges, engineering administration, one year of street light operating costs and other City fees. These fees include payment for any outstanding special assessments on lots to be replatted as Savona 3rd Addition. The agreement includes no required park fees in lieu of land dedication. All required park dedication fees for Savana were paid with the first addition. A City payment for utility oversizing of $12,045 based on calculations competed by the City Engineer. The agreement includes the updated letter of credit reduction schedule that was approved for recent projects and provides for a better connection between the work that will be occurring in the field and the timing of this work. 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 (this plan review is close to being completed). BACKGROUND INFORMATION (SWOT): -- page 2 -- City Council Meeting [Regular Agenda Item /5] September 1, 2015 Strengths: The developer's agreement has been drafted to guarantee that the improvements associated with the Savona 3rd development 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 Final Plat. Weaknesses: The City will assume responsibility for future maintenance of the public improvements. Opportunities: The final plans include the construction of 5th Street to the western project limits. 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 3rd Addition and that the Council direct the Mayor and Staff to execute this document. The suggested motion to adopt the Staff recommendation is as follows: "Mope to adopt Resolution 2015-071 approving the developer's agreement for Savona 3rd Addition" ATTACHMENTS; 1. Resolution 2015-071 2. Savona 3rd Developer's Agreement — Final Draft RESOLUTION NO. 2015-071 A RESOLUTION APPROVING THE DEVELOPER'S AGREEMENT FOR SAVONA 3" 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 3rd 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. 2015-070 on September 1, 2015 approving the Final Plat for Savona 3rd Addition; and WHEREAS, Condition (2) of said Resolution No. 2015-070 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 1, 2015 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 3rd Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 1st day of September 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk (rescnx,,djbrmmrditW information) �� n ENT CONTRACT (Public sewer and water) �� Addition AGREEMENT dated . 2O15. 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 hxapprove the plat for Savona 3mAddition (referred to in this Contract as the "p|oy'\. The land is situated in the County of Washington, State ofMinnesota, and legally described inExhibit ^A^ 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat oncondition that the Developer enter into this Contnyo(, furnish the security required by it, and neoon1 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 mmvver lines, water |inos, atreets, uh|ihos, public or private improvements, or any buildings until all the following conditions have been satisfied: 1\this agreement has been fully executed by both 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 [}ffioe. and 4) the Citv'a Co,nnnunkv Development Director has issued a letter that all conditions have been soUsfiad, a preconstruction conference has been held, and that the Developer may proceed. 4. PHASED DEVELOPMENT. This plat isa phase of 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. Pork charges and area charges for sewer and water referred to in this Contract are not being imposed on ouUots, 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 ofmnearlier development phase. 5. PREL|PN|hJAR,/ PLAT STATUS. The plat is a phase of a multi -phased preliminary p|at, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and b|ocka, notnuUVta. within five (5)years after preliminary plat approval. G. CHANGES IN OFFICIAL CONTROLS. For two /2\ years from the dote of this Contnact, no amendments to the Cih/n Comprehensive Plan or official controls shall apply to or affect the residential use, development density, lot size, |o1 layout or dedications of the approved final plat unless required by state or federal |avv o, agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contxsry, to the full extent permitted by state law, the City may require compliance with any amendments to the C|ty's Comprehensive P|an, official onnho|o, 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: Plan A— Final Plat Plan B— Final Grading, Drainage, and Erosion Control Plans Plan C—Final Sanitary Sewer, Water Main, Storm Sewer, and Skna*t Plans Plan [)— Final Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. VVaternnain O. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities |. Street Signs and Traffic Control Signs J. Landscaping and Street Trees K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required byMinnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the Citvn 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 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 ofquality 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 m soil engineer inspect the work on e 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 and the Developer's contractor. The Developer orhis 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 heat 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 Controct. for which reimbursement is expected from the Qty, unless such work isfirst 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 Qh/ Engineering Administration and Construction (]hsen/oUnn in an amount provided under paragraph 36. Summary of Cosh Requirements. Thereafter, the Developer shall poirnburno the City each month, within 30 days Of receiving on invnice, 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 tenting, final inspection and aoneptanro, project monitoring during the warranty pehod, and processing of requests for reduction in security. Construction observation may be performed by the Qty's in-house staff or consulting engineer. Construction observation shall inc|ude, at the discretion of the nity, pert or full time inspection of proposed public utilities and street construction, Services will bebilled onnnhourly basis, 4 The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management rfthe 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 ofconstruction ofeach 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 hnlee during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant tmthe City'ngovernnnento| authority, and no agency or joint venture relationship between the City and Developer in 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. RiOht-of-WaYExcavations and Obstructions: ~ City VfLake E|nnn, Right -of -Way UU|ib/ Installation(s) ° City 0fLake Elmo, Right -of -Way Obstruction(s) ° Washington County, Uti|ity|notaUehonn(n) 0 Washington County, Street orDriveway A000aa(s) ° Minnesota Department ofTransportation, Utility Installation ° Minnesota Department VfTransportation, Right-of4WayPermit B. VVetern1ain Extensions: . Minnesota Department of Health 3anitarYSewer Extensions: ° Minnesota Pollution Control Agency ° Metropolitan Council Environmental Services 0, 8�onnwaterMonaqemmrt:Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: ° Minnesota Pollution Control Agency, General NPQE8GtnnnvvmterPermit F. VVeUondK4kiqabon: . Board of Water and Soil Resources, WCA G. ConshuCdnnDevvaterinq: . Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31. 2016. with the exception ofthe final vveo, course of asphalt on streets. The Developer shall have the option of installing the wearing course of streets within one (1) year following initial cnnnnnencannerd of work on the required basic improvements or installing it after the first course has weathered a winter seanon, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final vvoor course. The Developer may, hovvover, request an extension oftime from the City. If an extension in gnanted, 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 ofthe City Engineer. 13. LICENSE. The Developer hereby grants the Ci1y, its agentn, onnp|oyeea, 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 gnnd\ng, public utility conntruction, and street construction is restricted to access the subdivision via 5m 3tnaoL 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 m sequence which will o||ovv 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 6 when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 15.17.and 18. For the purpose ofthis paragraph, Electronic message (ennaiUshall Ue deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement". 10. EROSION CONTROL. Prior to initiating site goading, the erosion onn\nn| plan, Plan B. shall be implemented by the Developer and inspected and approved by the City. Erosion control pnsnUman must comply with the approved plans and specifications for the p|at, with all watershed district permits and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements an deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not oonnpk/ 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 oction, but failure of the City to do so will not affect the Developer's and City'o 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 deve|opnnent, utility orstreet 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 improvementa, the developer annunnns all responsibility for erosion control compliance throughout the plat and the City may take such action as n||ovved 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 ohe|| conform to Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal ofthe as -constructed grading plan. 7 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 orengineer that all hai|s, pnndm, svva|eo. 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: o\cross sections ofponds; b)location and elevations along all evva|es, emergency overf1ovvn, wet|andn, wetland mitigation onnos if any, ditches, locations and dimensions of borrow mrnoa/ntockpi|en; 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 necnnj grading plan ioonfile 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 Spaoi6oaUnno for Public |nnprovannonta. Plan ''O"The plan shall conform to the Qty'a Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous strmotn, sidewa|ks, 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 in cornp|eted, the developer orits representative shall submit written request to the City asking for on inspection of the initial improvements. The City will then schedule a walk- through to create o punch list of outstanding items to be completed. Upon receipt of the written punch |(ot provided by the Qty, 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 n(naete are accepted by the City inwriting. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on nonoe and to direct attention to detours. If and when streets become irnpasnob|e, such sheets shall be barricaded and closed. In the event residences are occupied prior to oVnnp|eUng streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable totraffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spill, 1rack. 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 Qh/ shall not be responsible for repairing the stnmmbo because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the Qb/. The Developer shall contract for atnacd cleaning within and immediately adjacent to the development. At a nnininnunn, scraping and sweeping oheU take p|oom on m weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the Qh/ 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 Contnsct, the improvements lying within public easements Sho|| become City property. Prior to acceptance of the /nnpn/vornen\o by the City, the Developer must furnish the City with a complete net of reproducible "record" p|ann, on electronic 0e of the "record" plans in accordance with the City'o 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 tmrnno of this Contract. All necessary forms will be furnished by the City. Upon receipt of "record plans" and affidavitn, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 21' PARK DED|CATUOXN, The Developer has previously submitted e payment for perk 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 ANDWAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) g and all water availability charges (WAC) with respect to the Improvements required by the City and any state ormetropolitan government agency. The sewer availability charge (SAC) in the amount Vf$3.O80.O0 per REU nhm|| be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $30O`000(12Osingle family |otn). The water availability charge (WAC) in the amount of$3'0OO.0O 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 $550.000 (120 single family |nbs). In oddition, w snvv*r connection charge in the current amount of $1.000.00 per REU. a Met Council sewer availability charge in the current amount nf$2.455.00 perREU. and owater connection charge in the current amount of$1,0OO.00 per REU will be collected by the City atthe 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 nhoU be included as port of the public street innpnavonnmnta, and the installation coats nheU be included in the street construction calculations. 24. STREET LIGHTS. The Developer in 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 Xce| Energy in conjunction with the other innpnovennents, and agrees to pmy)(ce| Energy for all upfront costs associated with the street lighting syntem, including underground cables, posts. |mrnpn, baUontn, ntadens, photocells, and glassware. All ntnaei lights will be leased by the Qh/ upon final acceptance of the system. The Developer shall also pay $987 in payment for the first year operating costs for street lights. 10 25' WETLAND MITIGATION. The Developer shall complete wetland mitigotio n/resto ration in mocondenma with the approved Plans and Specifications and in accordance with any mpo/icobks Watershed or agency Permits. If the mitigation work in found to be incomplete or restoration is unsuccessful the City may draw down the security atany time during the warranty period if the Developer fails totake corrective measures tobeused bythe City tnperform the work. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift of asphalt nheU be installed on all public and private streets prior to issuance of any building pennito, except two model homes on lots acceptable 0nthe Community Development Director, B. Prior to issuance of building pernnitn, wetland buffer monuments nho|| 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 beonfile atthe City for the block where the building is to be located. O, Breach of the terms of this Contract by the Deve)oper, including nonpayment of billings from the City. shall be grounds for denial of building permits and/or withholding of other pernnito, 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 ofpublic improvements and damage to public improvements caused by the City. [J*ve|upe[, their contractors, subcontractors, moterio|nneo. *nnp|oyaeo, agents, or third parties. F. Nosewer and water connection permits may beissued 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 nfoccupancy for any building constructed on any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public sewer and xveter, curbing, and one lift ofasphalt in installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the au- 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, matehalmen,mothers that work required by this Contract has been performed, the sums due them have not been poW, and the laborers, rnah»ria|nnon, or others are seeking payment from the Cdx. the Developer hereby authorizes the City to commence on |nterp|eodor 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 dainn/s\and deposit the funds in compliance with the F(u|e, and upon such deposit, the Developer shall ro|ease, dincharge, 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 todetermine payment of attorneys' fees pursuant tothis 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 plad, including but not limited to legal, p]onning, engineering and inspection expenses incurred inconnection with approval and acceptance ofthe p|ot, the preparation of this Co/dnact, review of construction plans and documenta, 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 officore, ennp|oyees, and agents hernn|msn 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 offinmrs, ennp|nyees, and agents for all costs, dornagen, or expenses which the City may pay or incur in consequence of such c|o\nns. inn|udinQn#nrneyn'feen. O. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneyn'fees. 12 E. The Developer shall pay, mcause to be paid when due, and inany event before any penalty ioattached, all special assessments referred hminthis Contract, This is apersonal obligation ofthe Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, orany part nfit. 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 Bnno adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 28. CITY PAYMENTS. In the event City payments are required by Section 28,A be|ovv, within thirty (30) days of the City's final acceptance of the Improvements, pursuant to Section 20 of the Contract, but only if the Developer is not in default to this Contract, the City shall pay to the Developer the sums set forth (nthe attachment tnthis Contract unExhibit B.The actual amount ofthe reimbursement shall be based on actual construction costs which will be verified by the Developer to the City in the Plans submitted to the City an required in Section 19. This payment by the City shall be the City'e only responsibility with regard to construction of the Improvements and in no case shall act as a waiver of any other right ofthe City under this Contract or under applicable |avvs, ordinances or rules. A, City payments pursuant to this Contract shall be: 12,045 29. SPECIAL PROVISIONS. The following special provisions shall apply to the Plat: A. |nno|emontoUon of the recommendations listed in the August 20.2O15 Engineering memorandum. B. Upon execution of the final plat, the Developer shall convey Outlots A, B and C to the City bvwarranty deed, free and clear ofany and all encumbrances. C. The Developer shall install atemporary turnaround onany streets that will be extended into adjacent developments in the future as directed by the City Engineer, D. The Developer shall enter into o maintenance agreement with the City that clarifies 13 the individuals or entities responsible for any landscaping installed in areas outside of land dedicated an public park and open space onthe final plat. E. A building permit may not be granted for more than half of the residential units depicted on the Savona preliminary plat (155) until e second access ioprovided to the nubdivioion, either via a connection to Hudson Boulevard to the south, Inwood Avenue (CSAH 13) to the west, orback tn Keats Avenue (C8AH1S)through the property north ofSavona. F. The developer shall provide signed easement documents to verify that the proposed grading activity on property presently owned byk4FC Properhen. VVa|terEbortrc. and DPS Lake E|rno. LLC will beallowed. 30. 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 ormore lots, the entire plat, nrany part ofit. B. Retaining walls that require a building permit shall be constructed inaccordance with plans and specifications prepared by a structural or geotmchnico| engineer licensed by the State of Minnesota. Following construction, m certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining vvaU was constructed in oc:nndonne with the approved plans and npec0cotions. All retaining walls identified onthe development plans orbyspecial conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot onwhich a retaining vvaU is required to be built. C. Appropriate legal documents regarding Homeowner Association doounnento, covenants and restrictions na|eUng to the plat approval and ouUots and oonveyannes, as approved by the City Attorney, shall be filed with the final p|sd. No thind-padxbeneficimrysto<uainhereUycmnfmrred. All ouUntn and nonnrnnn areas, including Out|ots O. E. F. G. H. |. J. K. L. M. and N uhnU be maintained in good order and repair by a homeowner's association, and, ifitdoes not do no. then the City may perform the work and assess the costs against the individual lots within the plat of Savona 2"« Addition and 14 without regard tothe formalities or requirements of Minn. GtoL §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, int|udingdcath.ondc|airnoforproportydonnagmvvhinhnneyariseoutof 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; |innh3 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 pV|icy, and the Developer shall file with the City 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 nfthe cancellation ofthe insurance. E. Third parties shall have norecourse against the City under this Contract. F. If any p0rtion, s8oUon, nubseohOn, nentenCe, c|8une, ponagroph, or phrase of this Contract isfor any reason held invm|id, such decision shall not affect the validity ofthe remaining portion of this Contract. G. The action or inaction of the City shall not constitute m waiver or amendment to the provisions of this Contract, To be binding, amendments or waivers shall be in vvriting, 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 awaiver orrelease. 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 tothe property being final platted and/or has obtained consents to this Contnact, in the form attached hepeto, 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 hernn|8sn for any breach ofthe foregoing covenants. |. Each hQht, power orremedy herein conferred upon the City is cumulative and in addition to every other right, power or renmedy, mxpnana or imp|ied, now or hereafter arising, available to 15 City, at law nrin equity, Vrunder 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 an 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 dty, county, metropolitan, etate, and federal laws and nagu|aUono, including but not limited to: subdivision nnjinonces, zoning ordinancen, and environmental regulations. If the City determines that the plat does not comply, the City may, at its nptinn, refuse toallow construction ordevelopment work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 31. EVENTS OF DEFAULT. The following shall be "Events of Defou|t" under this Agreement and the term "Event of Default" shall nnoon, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable de|oys, failure by Developers to cnmnnmnoo 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. 32. REMEDIES ON DEFAULT. Whenever any Event ofDefault occurs, the Qty, subject to any rights ofthird parties agreed tobythe City pursuant tothis Agreement, o,otherwise bywritten, executed instrument ofthe City, may take any one nrmore ofthe following: A. The City may suspend its performance under the Agreement until it receives assurances from Deve|ope/a, deemed adequate by the Qh/. 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 inc|uding, but not limited to, building permits. B. The City may initiate such action, including legal or administrative octiVn, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Oeve|opers, or immediately draw on the Letter of Cradit, as set forth in this Agreement. In the event of any uncorrected failure to maintain any common area or landscapeareas, the City may undertake todnthe work and assess the costs h)the individual lots within the plat without regard to the formalities or requirements of Minn. SbaL §420.. 33. ENFORCEMENT BY C]��DIAMAG,E'S, The Developers acknowledge the right of the City to enforce the bsnnn of this Agreement against the Dov8|opers, by action for specific performance or dannages, 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 onnnnnenoo |ogo| action to recover all damages, losses and expenses sustained by the City; and that such expenses may indud9, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement, 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant tothis Contract against poor material and faulty workmanship. The Developer shall submit either a letter of credit or cash escrow 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. 13, The required warranty period for all work relating to street cnnntruction, including concrete curb and gutter, sidevvo|hn and trails, materials and equipment shall be subject to one (1)ynor 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 wmrk, including street cmnstructinn, concrete curb and gutter, sidewalks and tnai|s, material and equipment for a period of two (2) yearn 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. D. The required warranty for landscaping within storm water infiltration areas (Outlot C) 17 shall be three (3)years following installation. The developer shall also enter into amaintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping for within these storm water infiltration anaan. Said maintenance agreement shall include requirements for the proper oan» of native plantings and the elimination o[weeds and invasive species. 35. SUYN88AR~f OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this mOreennent, payment of special assessments, payment of the costs of all public innprnvonments, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of orodit, in the form attached henato, from e bank. cash escrow nr a combination cash escrow and Letter of Credit ("seouhty')for $3.23B,7G4.The amount ofthe security was calculated osfollows: CONSTRUCTION COSTS: COST (125%) 1) Grading Covered inseparate grading egnaennern 2\ Sanitary Sewer $345.301 $431.026 3) VVatennain $503.113 $628.891 4\ Streets $1.168.007 $1.460.000 5> Surface Water Facilities (pipo. $335,140 $416,425 ponds, rain gardens, etc) 5> Erosion Control $133.732 $187,155 7) Sidewalks/Trails Included with streets 8\ Street Lighting }<nn|tn Install, to be pre -paid directly bydeveloper 9) Street Signs and Traffic Control Included with streets Signs 10>Londscaping $95.210 $119.023 11\Tree Preservation and Restoration N/A N64 12>VVedandMitigation and Buffers Separate letter ofcredit through Watershed District 13)K4onunnents $5,000 $7.500 14>Miscellaneous Facilities N/A N/A 15) Developer's Record Drawings Construction Sub -Total $2'591'011 Total Project Securities (at 125Y6 $3,338,764 Construction Costs) This breakdown is for historical reference; it in not a restriction on the use of the aeoudb/. The bank shall be subject to the approval of the City Administrator. The City may draw down the security for any violation of the hannn of this Contract or if the security in 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 isdrawn down, the proceeds shall be used tncure the default. 36. 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. Upon completion of grading VpenaUnns, including temporary site n8storoUon. Developer shall submit an as -built grading survey to the City. Upon inspection of the site and approval of the as -built survey bythe City, 1OU%.nr$127.00Oofthe grading security (associated with the separate grading agreement for Savana3 m Addition) shall bereleased. A. Up to 75% of the remaining security provided in accordance with paragraph 38 may be released at the following stages ofconstruction and project apprnva|sbytheCity. o. Construction Categories 2 and 3: The amount of $795.387 may be released when all sanitary anvver and vvaterrnain utilities have been instm||ed, all testing has been successfully completed, utility record drawings have been verified, and the utilities are considered ready for use bythe City Engineer. b. Construction Categories 4-7: The amount of$1'532.099may be released when all streets, 8idmvva|hn, trai|s, storm nevvor, and storm water facilities have been installed and 19 tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list iterns, but not including the final wear course. C. Construction Categories 8'15: The amount nf$1O0.9DGmay be released when all remaining 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 itenns, but not including the final wear course. C. The final portion of the remaining security amounts in paragraph 33above (25Y6) shall be retained as security until: (1) all improvements have been nonnp|etod, including bituminous wear course, (2)irnn monuments for lot corners have been inabnUod. (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received and approved by the Qh/. (5) o warranty security is provided, and /O> 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 (GAC) $300.000 Water Availability Charge (WAC) $360.000 Park Dedication N/A Street Light Operating Fee $987 City Base Map Upgrading $3.000 City Engineering Administration $5O,OOO(Based ontwo months of Eoopovv administration/observation) Special Assessment Payoff $415.746 /120lots @$ 3.454.55\ Total Cash Requirements $1,189,733 37' NOTICES. Required notices tothe Developer shall be inwriting, and shall bneither hand delivered to the Dovo|opor, its employees or agents, or mailed to the Developer bvcertified mail at the 20 following address: 18305 36mAve N. GuiheOOO. Plymouth, MN 55440. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City bvcertified nnei| in nana of the City Administrator at the following mddnann: Lake E|nnn City Ho|), 5800 Laverne Avenue N. Lake Elmo, Minnesota 55U42. 38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence ofits fee ownership of the property being p|aftod by way of an mttorney's title opinion or title insurance policy dated not earlier than thirty (30)days prior bothe execution ofthe plat. (SEAL) CITY OF LAKE ELMO AND BY: Its 21 . City Clerk STATE OFM|NNEOOTA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of 2 .bv and by .the Mayor and City Clerk of the City of Lake E|nnn, a Minnesota municipal cnrporadion, on behalf of the corporation and pursuant tothe authority granted byits City Council. NOTARY PUBLIC STATE OF[N|NNEGOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of .2 . by the of NOTARY PUBLIC DRAFTED BY: City ofLake Elmo 38OnLaverne Avenue North Lake Elmo, MN 55042 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 STATE OF MINNESOTA ) ( ss. COUNTY OF ) by ,2 The foregoing instrument was acknowledged before me this day of , 2 DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 23 MORTGAGE CONSENT DEVELOPMENT CONTRACT TO . which hmkjo m 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 OFK1|NNESDTA > (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of DRAFTED BY: City ofLake Elmo 3800Laverne Avenue North Lake Elmo, MN 55042 NOTARY PUBLIC 24 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Savona 3rd Addition Outlots C, D and F, Savona 2"d Addition, according to the recorded plat thereof, Washington County, Minnesota 25 EXHIBIT "B" TO DEVELOPMENT CONTRACT City Oversizing Payment Calculation 26 �� IRREVOCABLE LETTER ��`� . '�� =�. TO: City of Lake Elmo D*arSirorMadom- No. VVehereby issue, for the account of (Name ofDeveloper) and inyour favor, our Irrevocable Letter of Credit inthe amount of$ .available toyou byyour draft drawn onsight onthe undersigned bank et its offices inMinnesota, 2 The draft must: e) Bear the clause, "Drawn under Letter of Credit No. . dated . 2 . of 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, This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior tothe next annual renewal date (which nhed| be November 30ofeach 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 in effective if sent by certified mmU, postage pnapsid, and deposited in the U.S. yNoi|. at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City HoU, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (3U) days prior to the renewal 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 nfCredit is not assignable, This is note Notation Letter ofCredit. More than one draw may ho made under this Letter of Credit. This Letter ofCredit 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 27 I I CITY OF KE ELM() AGENDA TE : SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL COM UN1CATION DATE: 9/1/15 REGULAR ITEM # 16 RESOLUTION 2015-072 Northeast Metro Intermediate School District 916 Preliminary and Final Plat and PUD Development Plans Kyle Klatt, Community Development Director Clark Schroeder, Interim City Administrator Planning Commission Ben Gozola, Consulting City Planner Jack Griffin, City Engineer SUGGESTED ()1(I) ER OF BUSINESS: Introduction ofItem ........ Consulting City Planner ..... City Planner Questions from Council to Staff. ...... . ........ Mayor Facilitates Call for Motion ....... .......... Mayor &. City Council ...... Mayor K. City Council. Action on Motion Facilitates POLICY RECCOMENDER: The Planning Commission is recommending conditional approval of preliminary and final development plans and a preliminary and final plat for a new public school building for special needs students to be located within the Eagle Point Business Park. As a part of the Planning Commission recommendation and findings, the Commission did review the project for conformance with the Lake Elmo Design Guidelines and Standards Manual. FISCAL IMPACT: None for public infrastructure — all utilities and improvements have either been installed as part of the Eagle Point Business Park or will be completed by the applicant at the time a building permit is issued for the building. The applicant has entered into a services agreement with the City that will require payment of $30,000 on an annual basis to cover the City's increase costs for providing services to the facility. SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request from Northeast Metro Intermediate School District 916, 2450 County Road Road F East, -- page 1 -- City Council Meeting [Agenda Irene 161 September 1, 2015 White Bear Lake, MN, for approval of preliminary and final plat and preliminary and final Planned Unit Development (PUD) plans to construct a 75,000 square foot public school facility for children with special needs in grades kindergarten through eighth grade on Outlot A of Eagle Point 7th Addition. Because the site under consideration has previously been subdivided and the proposed platting into a buildable lot will not change the boundaries of the previously platted outlot, Staff is recommending that the City process its review of the preliminary and final development plans simultaneously. The Planning Commission is recommending approval of the preliminary and final plat and PUD plans with conditions of approval. The suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2015-072 approving the preliminary and final plat and preliminary and final PUD plans for the Northeast Metro Intermediate School District 916 school facility" LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The attached staff report to the Planning Commission provides an overview of the request and a detailed description of the issues associated with the request as identified by Staff. The Planning Commission considered the PUD plans at its August 24' meeting and conducted a public hearing on the applicant's request. The Commission did not receive any public comments concerning the proposed building. Representatives of the applicant addressed the Commission and provided additional information concerning the design of the building and the operation of the school. The Planning Commission reviewed the project for consistency with the Lake Elmo Design Guidelines and Standards Manual, and found that the project complied with all applicable provisions for development in the City's BP — Business Park Zoning District. The one area of concern voiced by the Commission was the proposed roof design; the Commission wanted to see additional articulation included in the final design and supported the inclusion of a condition of approval to address this matter. The Commission also requested the addition of a requirement that the developer address all review comments from the City Engineer in his memorandum dated August 21, 2015. The Planning Commission adopted a motion to recommend approval of the preliminary and final plat and preliminary and final PUD development plans with the findings and conditions as noted in the attached Resolution 2015-072. The motion passed unanimously. BACKGROUND INFORMATION (SWOT): Strengths The proposed building is consistent with the Lake Elmo Design Guidelines and Standards Manual The project is consistent with the Lake Elmo Comprehensive Plan and BP — Business Park Zoning requirements The proposed development will occupy an existing, platted, -- page 2 -- City Council Meeting fAgenda Item 161 September 1, 2015 vacant lot within the Eagle Point Business Park Weaknesses • Roof articulation meets minimum requirements, but will be improved with the final plans. Opportunities • The proposed development will bring a active into Lake Elmo to the City of Lake Elmo (with 75 new jobs anticipate within the facility). The proposed building and landscaping will be a nice addition to the Eagle Point Business Park Threats • The facility will bring bus traffic onto Eagle Point Boulevard. RECOMMENDATION: Based upon the above background information, Staff report and Planning Commission recommendation, it is recommended that the City Council approve the preliminary and final plat and preliminary and final PUD development plans to allow Northeast Metro Intermediate School District 916 to construct a public school facility for special needs students to be located within the Eagle Point Business Park with the 16 conditions of approval as documented in the resolution of approval by taking the following action / with the following motion: "Move to adopt Resolution No. 2015-072 approving the preliminary and final plat andpreliminary and final PUD plans for the Northeast Metro Intermediate School District 916 school facility" ATTACHMENTS: 1. Resolution No. 2015-072 2. Area Map 3. Planning Commission Report 8/24/15 4. City Engineer's Memo 5. Staff Report 6. Engineering Memo 7. Resolution Approving the CUP authorizing the school use 8. Applicant's Submittals 9. Fire Chief Review Comments 10. Applicant Letter to Bremer Bank 1 1 Services Agreement -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-072 A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT AND PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE NORTHEAST METRO INTERMEDIATE SCHOOL DISTRICT 916 SCHOOL FACILITY WITHIN THE EAGLE POINT BUSINESS PARK WHEREAS, the City of Lake Elmo is a municipal corporation organized and existi under the laws of the State of Minnesota; and WHEREAS, Northeast Metro intermediate School District 916, 2540 County Road F East, White Bear Lake, MN, (Applicant) has submitted an application to the City of Lake Elmo (City) for a preliminary and final plat and preliminary and final PUD plans associated with a new public school facility for special needs students to be located on a property which is legally defined as: Outlot A, Eagle Point Business Park 7th Addition, according to the recorded plat thereof, Washington County, Minnesota; and WHEREAS, the current lot is proposed to be replatted as Lot 1, Block 1 of Eagle Point Business PArk 8th Addition, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the City has agreed to conduct a simultaneous review of the preliminary and final plat and preliminary and final PUD plans for the Applicant's school facility because the site has previously been platted and improved as future buildable lot within the Eagle Point Business Park and is appropriate because of the limited scale of the proposal; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on August 24, 2015, to consider the preliminary and final plat for Eagle Point Business Park 8th Addition and the preliminary and final PUD development plans for the school facility; and WHEREAS, on August 24, 2015, the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the preliminary and final plat for Eagle Point Business Park 8111 Addition and the preliminary and final PUD plan for the school facility with conditions; and WHEREAS, the Lake Elmo Planning Corrunission has submitted its report and recommendation concerning the Eagle Point Business Park 8111 Addition preliminary and final plat and the preliminary and final development plans as part of a memorandum to the City Council from Community Development Director Kyle Klatt for the September 1, 2015 Council Meeting; and WHEREAS, the City Council reviewed the Eagle Point Business Park 8thAddition preliminary and final plat and the preliminary and final development plans for school facility at its meeting held on August 18th, 2015. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City Code, Section 153.08. 2) That all the requirements of said City Code Section 153.07 related to the Final Plat have been met by the Applicant. 3) That the procedure for obtaining approval of said Preliminary and Final PUD plans is found in the Lake Elmo City Code, Section 154.800. 4) That all the requirements of said City Code Section 154.800 related to the Preliminary and Final PUD pans have been met by the Applicant. 5) That the proposed Preliminary and Final PUD Plans for the Northeast Metro Intermediate School District 916 consists of an approximate 75,000 square foot public school facility for special needs students, and will provide 154 parking stalls in accordance with plans and specifications submitted to the City, and will be located on property legal described as follows: Lot 1, Block 1, Eagle Point Business Park 8`h Addition. 6) That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land. 7) That the proposed PUD is in conformance with the Comprehensive Guide Plan for the City. 8) The application is conforming to the standards and requirements for a PUD within the Eagle Point Business Park; 9) The building design largely employs guidance from the City's design standards including building placement, open space, landscaping, controlled parking lot lighting, high quality exterior materials and a cohesive architectural style; a. The applicant has agreed to improve the building design through the addition of more parapet walls on all four sides of the building to bring the roofline into compliance with required design standards; b. The applicant has updated the lighting plan to eliminate the nonconforming illumination at the northern entry point; 10) Engineering design standards are being met or can be met via conditions; and 11) Review of the plan did not identify any environmental issues that cannot be addressed through the proposed design. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Eagle Point Business Park 8th Addition Preliminary and Final Plat and the Preliminary and Final PUD Plans for the Northwest Metro Intermediate School District 916 public school facility subject to the following conditions: 1) The City Engineer shall approve all final easements prior to consideration of the Preliminary & Final PUD Plan/Plat by Council. 2) All changes and modifications to the plans requested by the City Engineer in review memo dated 8/20/15 shall be incorporated into these final plans before they are approved. 3) The City Engineer shall work with the applicant to finalize all stormwater management plans to bring them into compliance with all applicable state and local regulations. 4) All necessary permits from other State, Regional, or local agencies shall be provided to the City prior to issuance of a building pennit. 5) Fire related conditions include: a. FIRE HYDRANTS i. Spacing — prior to filing of the final plat, the City Engineer must approve proposed spacing of fire hydrants after confirming proposed placements meet City requirements for commercial development. ii. The hydrant on the East side of the property, currently identified as "FUTURE ADDITION," shall be installed at the same time as all other fire hydrants. b. The FDC (Fire Department Connection) location, Annunciator Panel location, lock box location, and lock box type shall all be approved by the Fire Chief prior to installation. c. Fire lanes shall be identified with the Fire Chief, and all such lanes shall be marked by painted curbing and signage when constructed. 6) Height of all lighting standards shall not exceed 30'. 7) Silt fencing and/or other erosion control BMPs as directed by the City Engineer shall be shown at the construction limits with the future building permit application. 8) Telephone, electric, and/or gas service lines are to be placed underground in accordance with the provisions of all applicable City ordinances. 9) Design of both monument signs shall be brought into compliance with City standards for maximum sign size [thirty-two (32) square feet given the characteristics of the adjacent roadway]. 10)A park dedication payment in the amount of $50,938.86 shall be paid to the City prior to the issuance of a building permit for the proposed school building. 11) Access charges for municipal services (as may be applicable) shall be paid prior to the issuance of a building permit for the proposed school building. 12) The final landscape plan be reviewed and approved by the City's consulting landscape architect prior to a building permit being issued. 13) Building plans shall be updated to include additional parapet walls on all four sides of the building to address an existing lack of roof articulation. 14) All exterior metal shall be painted or colored with earth tones which complement the other proposed siding materials for the building. Passed and duly adopted this 15t day of September, 2015, by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Hudson Boulevard N ISD 916 TI IF_ CITY OF JAKE ELMO Location within the City of Lake Elmo SITE IDENTIFICATION MAP batek City of Lake Elmo Planning Department Preliminary & Final PUD Plan/Plat To: Planning Commission From: Kyle Klatt, City Planner Meeting Date: August 24th, 2015 Applicants: Northeast Metro Intermediate School District 916 Location: Outlot A, Eagle Point Business Park, 7111 Addition Introductory In Request: The Northeast Metro Intermediate School District 916 is seeking approval of a preliminary and final plan/plat for Eagle Point Business Park 8'1' Addition within the Eagle Point Business Park. The original platting and approval of the Eagle Point Business Park entailed the creation of multiple Outlots which were to be developed through platting as businesses came forward. This request would re -plat Outlot A of Eagle Point Business Park, 7th Addition into Lot 1, Block 1, Eagle Point Business Park, 8'1' Addition. In addition to the requested platting, this PUD application would approve a site plan authorizing construction of an approximate 75,000 square foot building. The building would house a school for children with special needs in first through eighth grade. The school will have a total of twenty-one (21) classrooms, although two (2) of these rooms are anticipated to be earmarked for special activities and will not be used full time. Each classroom will hold a maximum of six (6) students, and it is anticipated that only eighty (80) students will be on -site in any given year. Should every classroom be used to its assigned maximum, a total of 126 students could be served from this site. A total of seventy-five (75) jobs are anticipated from this development teachers and 25 administrative/support positions). The typical hours or operation for the school are 7:00 a.m. to 4:00 p.m. daily. Construction is anticipated to begin in spring of 2016 with completion of the building in the summer of 2017. Process: The Eagle Point Business Park was approved as a Planned Unit Development in the early 2000's. and the initial installation of roads and utilities has already occurred throughout the park. Development of individual building sites such as this is to be completed through the simultaneous review of preliminary and final plans. with this review ensuring that everything is ready for final approval. I); /) • ii4',11 R, '17/ '':: f,)•:7.1t)//r! 0 0. Page 2 In 2013, BWBR Architects, on behalf of ISD 916, applied for and received a conditional use permit to allow construction of a new public school on the subject site. This review takes the conditions of that approval under consideration, and provides updates where necessary. Site Data: • Existing Zoning — BP (Business Park) Land Use Guidance — Business Park Parcel size — 19.49 acres (848,981 square feet) • Property Icle cation Numbers (PIDs) — 33-029-21-42-0013 Review IN GENERAL: Site Character: • Current Legal Description — Outlot A, Eagle Point Business Park 7th Addition, according to the recorded plat thereof, Washington County, Minnesota The entire site is largely natural grasses with a few scattered trees. The eastern portion of the site and the middle of the site is nearly flat. The western portion of the site gently slopes downward from east to west to a DNR protected water course (intennittent stream) that runs along the west lot line. Lot • This plat would create a single lot utilizing existing Outlot A, 7" Addition. Configuration: • The lot configuration was previously reviewed and approved as a future building site by the Eagle Point Business Park 7"d Addition PUD plat review. Area • Parks and public open space: No public parks are proposed as part of this Calculations: developmet. • Public street rights -of -way: none proposed Wetlands: the applicant is in the process of seeking a no loss determination (application included within this packet). As a condition of approval, staff would recommend that approval of all wetlands (or lack thereof) shall be completed prior to filing of the final plat. Future parcel development: • The proposed plat and site plan would fully develop this parcel. Adjacent parcel dev.: Proposed Use: Page • Adjacent parcels to the southwest are already fully developed, so this proposal will not impact future development. • "Schools, public and private" is a conditionally permitted use within the Eagle Point Business Park. • On December 17th, 2013, the Lake Elmo City Council passed Resolution No. 2013- 107, approving a conditional use permit to allow a public school building within the Eagle Point Business Park. The CUP was granted with the following conditions: The applicant shall .submit final development plans and a final plat consistent with the City's Planned Unit Development and Subdivision requirements prior to the i.ssuance of a building permit and prior to the commencement of any grading activity 017 the site. - This is the process that is currently under review. Criteria met. The applicant shall secure any required permits fnn the South TVasliiiigton Watershed District prior to commencing anv grading or construction activity on the site. As a condition of approval, any further watershed district approvals that might be necessary shall be obtained prior to issuance of a building pennit. Criteria met. The final development plans shall include detailed landscape plans that conJorni to the Lake Elmo Zoning Ordinance and Eagle Point Business Park PUD Standards. - Detailed landscape plans have been provided and are reviewed herein. Criteria met. The applicant shall submit detailed architectural plans at the time of the final development plan review by the City. These plans shall conform to the City's Design Guidelines and Standards Manual and the Eagle Point Business Park Design Guidelines. - Details of the proposed exterior have been provided for review and are analyzed herein. Criteria met. Thefinal development plans shall include a signage plan. - Details of the proposed signs have been provided for review and are analyzed herein. Criteria met. (cont.) Building • Location: Page 4 The applicant shall pay a ee in lieu ofpark land dedication as determined by the City prior to the final plat being released for recording. - Required park dedication is analyzed herein, and is typically paid for prior to issuance of a building permit. Criteria met. - The final plat shall include all easements for drainage (Ind utility and other purposes as required by the City Engineer. - Proposed easements are shown on the preliminary and final plat/plans, and are analyzed herein. Criteria met. The applicant shall enter into a service agreement with the City prior to issuance of a building permit for the site. - This condition of approval would carry over with any approvals for this application. Criteria met. The Conditional Use Permit shall be valid for a period of 24 months. The permit shall become void id C117 application for a final development plan is not submitted within 24 months of the date on which the conditional use permit was granted by the City Council. - Application for preliminary and final plat/plan approval was submitted prior to the 24 month deadline. Criteria met. - The applicant shall work with the City and neighboring property 01171e1S to develop an amicable resolution to the traffic and access spacing cancel-11.s that were voiced during the public hearing by a business owner within the Eagle Point Business Park. - The concerns over possible problems between bus routes and employee traffic have been addressed since the conditional use permit was approved. Further details on this resolution are listed under "Resident Concerns" on page 6. Criteria met. The proposed building will be more than 50' from ROW and more than 10' away from all other lot lines as required by code. • Building placement is in accordance with encouraged development standards allowing for effective auto and pedestrian circulation, building setbacks, and open space along Eagle Point Boulevard. Building Size: Page 5 • The proposed building foundation will exceed the required minimum of 10,000 square feet. Building No Business Park structure shall exceed 60' in height. and parapet walls shall not Height: exceed more than 4 feet above the height permitted of the building. • This one-story structure will be compliant with the allowed height maximum. Building • While not mandated, design standards encourage architectural treatments around the Design: building with windows and doors that reflect the architectural style of the structure. As demonstrated by the plans, there are interesting elements included on all four sides of the structure, and the intermixing of brick and metal will provide visual interest from all directions. While not noted on the plans, all exterior metal appears to be painted or colored with earth tones, but such is listed herein as a condition of approval to ensure that is the case. • Except for four (4) chimney/vents central to the structure, all roof equipment is proposed to be enclosed within the new building thereby eliminating a main concern to exterior aesthetics. • Entryways for school facilities have special security considerations not typical for uses within the Business Park district, so staff is inclined to defer to the school district on best locations and positioning that best accomplish those goals. That said, overhangs or awnings are provided at the two main entry points off the front of the building adjacent to the proposed parking lot in accordance with the design standards. • The one area that is currently lacking in the current design is the need to incorporate parapets of varying heights. While some minor deviations are proposed, the vast majority of the building from the north, west, and south will appear to be of a single uniform height. It is recommend that the plans be updated to include additional parapet walls on all four sides of the building to address this deficiency. Lot Access: • The lot will have direct access to a public road (Eagle Point Boulevard). • There will be two entry points from Eagle Point Boulevard, one at the northern edge of the site and the other at the eastern edge. Both will connect to the building's parking facilities. • Both accesses to the lot will have a monument sign indicating the name and address of the school. These signs are analyzed under the heading of "Signage' on page 7. wat .1_15 Easements: • Resident Concerns: All standard drainage and utility easements final plat documents. Engineering comments regarding easements attached to this report. Page 6 are shown on the preliminary plan and may be found on the Engineer's memo Owners of the Bremer Bank adjacent to the site initially raised concerns about traffic conflicts with school buses during the Conditional Use public hearing. The applicant met with Kathy Tucci of Bremer Bank, and the Bank has since communicated with the City in writing that all concerns have been addressed. • A letter from ISD 916 to Bremer Bank is also included in this packet documenting closure of this concern. INFRASTRUCTURE: Road System: • The road system in this area is fully built out, and no new roads are necessary to service this parcel. Water • The site will be served by 6" service lines which tie into the public 12" water line in System(s): Eagle Point Boulevard. • Engineering comments regarding the proposed water service may be found on the Engineer's memo attached to this report. Sanitary System(s): Storm water /Grading: Utilities: • Engineering comments regarding the proposed sanitary service may be found on the Engineer's memo attached to this report. • Engineering comments regarding stormwater management and grading may be found on the Engineer's memo attached to this report. • Telephone, electric, and/or gas service lines are to be placed underground in accordance with the provisions of all applicable City ordinances. Page 7 Parking • The required parking ratio is one (1) space per staff member plus one (1) space per Facilities: five (5) students of legal diving age based on design capacity o The school will have a capacity of 75 staff members which would require 75 parking stalls o The school will have a capacity of 0 students of legal driving age, requiring 0 parking stalls • As proposed, 154 stalls are being provided which meets the minimum requirement. • All parking stalls (except for a few accessible stalls and compact car stalls) are proposed to be 9 feet wide and 18 feet long. Minimum standards per Eagle Point Business Park Development Standards are 9•x18' north of Hudson Boulevard, and up to 20% of stalls may be designed for compact cars which require an 8'x I 6' space. All stall dimensions are in accordance with these requirements. • The proposed parking lot conforms to minimum parking setbacks (front, 20'; sides and rear, 10'; side street, 20'). • As encouraged by the City's development standards, landscape islands are included within the parking lot, and lot lighting can be well controlled on site with one minor revision. Sidewalks or Trails: • As there are no sidewalks or trails leading to the site, none are proposed as part of this development. Signage: • No new street signs will be required as no new roads are being constructed. • The applicants are proposing two monument signs on the property; one located at each driveway access point off of Eagle Point Boulevard. According to code, two monument/ground signs are allowed for any lot with street frontage exceeding 1,000 feet. This property has 2,572 feet of street frontage along Eagle Point Boulevard, so two monument signs are allowed by permit. • The allowed size of ground signs depends on the characteristics of the adjacent road. Since Eagle Point Boulevard is a two-lane road, with a speed limit of 30 mph, a ground sign may be up to ten (10) feet in height and thirty-two (32) square feet in area. o The proposed ground signs are nine (9)feet high; o Liberally measuring the signs to only account for the main signage area results in the signs being roughly 38 squarefeet itt si:e. ; e j ' 7 I V, •i • (cont.) Fire Issues: Stree Page 8 o Conservatively measuring each sign to include ALL of the potential sign face (including the base) results in a measurement of roughly 70 squarefeet. o Regardless of how the calculation should he made, the signs as proposed currently exceed allowed requirements and must be updated to be in compliance prior to sign permits being issued. • Wall signs are currently limited to entrance markings, and all such letter appears to be in conformance with required standards. • Fire hydrant locations appear to be adequate according to the Fire Chief, although the hydrant on the east side of the site currently labeled as "FUTURE ADDITION - must be installed immediately and should not be delayed. • The FDC (Fire Department Connection) location needs to be approved by the Fire Chief with the future building permit application. • Once the building is nearing completion, the school district shall contact the fire chief for instruction on how to order the required lock box and to get approval of its final location on -site. • Fire lanes must be identified, and be marked by painted curbing and signage. • The location of the Annunciator Panel must be approved by the Fire Chief. • No streetlights are required as part of this development. Lighting Plan: • The lighting plan for the site shows that illumination at the boundaries of the property will be within required standards with the exception of the light proposed for the northern entry point. • Per section 150.038 of City Code, the maximum illumination level at the property boundary is 1.5 foot candles if the fixture has a total cut off angle of greater than 90 degrees, and 3.0 if the fixture has a total cut off angle of less than 90 degrees. Regardless of the fixture type, the current lighting plan indicates that 3.5 foot candles will exist on the property line. As a condition of approval, the lighting plan must be updated to relocate the northern entrance light until illumination at the property line is within acceptable levels. • The height of all lighting standards shall not exceed 30'. Monuments: • Because the plat will not be changing any lot lines, existing rnonumentation for Outlot A will continue to be accurate following approval of the proposed plat. ENVIRONMENTAL & OTHER NEIGHBORHOOD IMPACTS: Environmental Impacts: Wetlands & Public Waters: Shoreland District: Page 9 • Staff has not identified any need for an in-depth environmental analysis based on the current proposal (i.e. EAW, EIS, AUAR, etc.) • The applicant is in the process of seeking a no loss determination (application included within this packet). As a condition of approval, staff would recommend that approval of all wetlands (or lack thereof) shall be completed prior to filing of the final plat. • It has already been determined that a DNR Public Waters Work Permit is not needed for the proposed activity. • This site is not within a designated shoreland district. Erosion • Control: Traffic: Flood Plain & Steep Slopes: Silt fencing has been proposed throughout the project site, specifically along the western ridge in order to prevent erosion into the DNR protected watercourse at the western edge of the property. Additional silt fences along drainage basins have also been proposed. Any additional erosion control BMPs as directed by the City Engineer should be shown at the construction limits with the future building permit application. • The proposed project will not significantly increase traffic volumes in a manner not anticipated by the original PUD approval. No traffic study is wan -anted • According to the February 3,2010 FEMA Flood Insurance Rate Map (27 63C0335E), the site is outside of the floodplain (Zone X). • The City engineer was asked to examine this proposal to determine if there are any steep slope concerns. Any such concerns will be noted in the Engineer's memo attached to this report. Landscaping: • According to the Eagle Point Business Park development standards, the primary landscaping materials required for this type of development shall be shade trees with shrubs, hedges and other similar foliage used to complement trees. Berming and landscaping must be approved within one (1) year of City Council approval. ir"q Piaq Pia! uI6 (cont.) Docks: Other Permits: Page 10 Required Plantings: o A minimum of 5 trees per disturbed acre and a minimum of two (2) trees per 100 linear feet of street frontage shall be provided. o Based on 16.7 disturbed acres and 2,572 linear feet of street frontage, code requires at a minimum 84 trees on the site and 52 trees along the road. o The applicants have submitted a landscape plan that shows 84 trees being planted on site with 52 trees along the road which does comply with minimum standards. • Parking Landscaping Requirements: o 5% of interior area of parking lots shall be devoted to landscape planting areas in islands or corner planting beds, and shade trees shall be provided on these islands or corner planting beds at 1 tree per 15 spaces. o Per the plans, there is 56,755 square feet of parking area which requires 2,838 square feet of internal landscaping areas. The plans indicate 5,600 square feet is being provided which meets minimum requirements. o Per plans, 154 parking spaces are being provided which requires 11 island or corner planting trees —all of which are being shown. • Perimeter Parking Lot Landscaping: o A landscaped frontage strip of a minimum of eight (8) feet shall be provided between the parking lot and a public street given that over one hundred spaces are proposed [Section 154.258(E)]. This is being met by the current plans. o Within the frontage strip, a screen created by a wall, fence, berm, or hedge is required at a minimum height of 31/2 feet, and a maximum of 4 feet. This screening must not be less than fifty percent (50%) opaque on a year-round basis. Additional plantings may be necessary to meet this requirement. Staff is recommending that the final landscape plan be reviewed and approved by the City's consulting landscape architect prior to a building permit being issued. • Not applicable as the project does not include any Lakeshore or deeded access to lakes. • All necessary pennits shall be provided to the City prior to issuance of a building permit. Page 11 CHARGES, FEES, & RESPONSIBILITIES: In General: • As always, the applicant is responsible for all fees related to the review of this application (including but not limited to planning, legal, engineering, wetland, environmental consultants, or other such experts as required by this application). Park • Approval of the Eagle Point Business Park included provisions which allocated Dedication: individual park dedications to each development site on a square footage basis. The overall fee for the business park to be collected totaled S252,437, which led to an allocation of $0.06 per square foot for individual sites within the park. Accordingly, the required dedication would be as follows: Sewer Area Charge: Building Permit Fees: 848,981 square feet * $0.06/sq ft = $50,938.86 • Because the proposed playground and sports fields will be semi -private facilities meant for the school and not intended for daily public use, they will not receive credit against the required park dedication. • Park dedication shall be paid prior to the issuance of a building permit for the proposed office building. • As this subdivision will access municipal sewer services, there will bc a sewer area charge assessed. • As this subdivision will access municipal services, hookup fees will be applicable. After reviewing all criteria in code, staff believes the requested preliminary and final PUD plan/plat should be approved with conditions. Conclusion The Planning Commission is asked to examine the proposed Preliminary & Final PUD Plan/Plat materials and make a determination as to whether they meet all conditions of approval outlined by city code. Keep in mind that an approval at this point finalizes the subdivision all desired/required changes must be addressed at this time. c\!: P;;;_, ri,•1; Page 12 Commission The Planning Commission has the following options: Options: A) RECOMMEND APPROVAL of the requested Preliminary & Final PUD Plan/Plat based on the applicant's submission, the contents of this report, public testimony and other evidence available to the Council, Template APPROVAL Motion: (Recommended) B) RECOMMEND DENIAL of the requested Preliminary & Final PUD Plan/Plat based on the applicant's submission, the contents of this report, public testimony and other evidence available to the Commission. C) TABLE the request for further study. • "I move to recommend conditional approval of the requested Preliminary & Final PUD Plan/Plat based on the following findings of fact: a) The application is conforming to the standards and requirements for a PUD within the Eagle Point Business Park; b) The building design largely employs guidance from the City's design standards including building placement, open space, landscaping, controlled parking lot lighting, high quality exterior materials and a cohesive architectural style; a. The applicant has agreed to improve the building design through the addition of more parapet walls on all four sides of the building to bring the roofline into compliance with required design standards; b. The applicant has agreed to update the lighting plan to eliminate the nonconforming illumination at the northern entry point; c) Engineering design standards are being rnet or can be met via conditions; and d) Review of the plan did not identify any environmental issues that cannot be addressed through the proposed design. Recommended 1. The City Engineer shall approval all final easements prior to consideration of the Conditions: Preliminary & Final PUD Plan/Plat by Council. 2. The City Engineer shall work with the applicant to finalize all stonnwater management plans to bring them into compliance with all applicable state and local regulations. 3. In accordance with the conditional use permit condition, the applicant shall enter into a service agreement with the City prior to issuance of a building permit for the site. Page 13 (cont.) 4. All necessary permits from other State, Regional, or local agencies shall be provided to the City prior to issuance of a building permit. 5. Fire related conditions include: a. FIRE HYDRANTS i. Spacing — prior to filing of the final plat, the City Engineer must approve proposed spacing of fire hydrants after confirming proposed placements meet City requirements for commercial development. ii. The hydrant on the East side of the property, currently identified as "FUTURE ADDITION," shall be installed at the same time as all other tire hydrants. b. The FDC (Fire Department Connection) location, Annunciator Panel location, lock box location, and lock box type shall all be approved by the Fire Chief prior to installation. c. Fire lanes shall be identified with the Fire Chief, and all such lanes shall be marked by painted curbing and signage when constructed. 6. Height of all lighting standards shall not exceed 30'. 7. The lighting plan shall be updated to relocate the proposed lighting standard near the northern entry point to a location that brings anticipated foot candles at the property line to a conforming level. Silt fencing and/or other erosion control BMPs as directed by the City Engineer shall be shown at the construction limits with the future building permit application. 9. Telephone, electric, and/or gas service lines are to be placed underground in accordance with the provisions of all applicable City ordinances. 10. Design of both monument signs shall be brought into compliance with City standards for maximum sign size [thirty-two (32) square feet given the characteristics of the adjacent roadway]. 11. A park dedication payment in the amount of $50,938.86 shall be paid to the City prior to the issuance of a building permit for the proposed school building. 12. Access charges for municipal services (as may be applicable) shall be paid prior to the issuance of a building pennit for the proposed school building. Page 14 (cont.) 13. The final landscape plan be reviewed and approved by the City's consulting landscape architect prior to a building pen -nit being issued. 14. Building plans shall be updated to include additional parapet walls on all four sides of the building to address an existing lack of roof articulation. 15. All exterior metal shall be painted or colored with earth tones which complement the other proposed siding materials for the building. Template a "I move to recommend denial of the requested Preliminary & Final PUD DENIAL Plan/Plat based on the following findings of fact: 1Wotion: (Please iistyoiirf1izdiiis of fact as to why the application is not in compliance (Not Recommended) }vith :Oiling or ,subdivision regulations) MEMORANDUM Date: August Zl,IO15 To: Ben Gozn|a,Senior Planner, Sambatok Cc: Kyle K|att, Planning Director From: Jack Griffin, P.E,City Engineer ^ ENGINEERING, inc. Caraaeheren, P.E. Jack Griffin, P.E. Ryan Stcnmpski,p.E. Chad |sakson, P.E. 651.300.4261 651.300.4264 651.300.4267 651.300.4285 Re: |SDS16 Intermediate School Building Final Plat/Con5truction Plan Review An engineering review has been completed for the Northeast Metro Intermediate 3ohnn| District Building, The Final Plat and Construction Plan submittal consisted of the following documentation prepared by BRBW dated July * Existing Conditions Survey, Preliminary and Final Plat. * Grading, Drainage and Erosion Control Plans. * Paving and Dimension Plan. * Utility Plan. * Landscape Plan. ° Civil Details and Landscape Details. ° StormvvaterManagement Plan including 3VVPPP. STATUS/FINDINGS: An engineering review has been completed for the Eagle Point Business Park 8th Addition Final Plat and Construction Plans. Please see the following comments relating tothe Final Plat application. FINAL PLAT — EAGLE POINT BUSINESS PARK 8THADDITION I. Additional easements dedicated to the City must be provided as part of the Final Plat. A 30-foot wide utility easement must be placed over all 8'inchwatermain pipe' 6-inch hydrant leads and the hydrants, centered over the pipe such that 15-foot easements exist in all directions of the pipe and hydrants. Easements must be shown unthe site plan, grading plan, utility plan and Plat. 2. No construction may occur until the applicant has received [by Engineer approval for the Final Construction Plans; the applicant has obtained and submitted tothe City all applicable permits needed for the project; and a pneconstnuct}on meeting has been held by the [ity/s engineering department. 1 The Final Plat shall not be recorded until final construction plan approval is granted. STORM WATER MANAGEMENT PLAN l. SVVVVD Permit. The Storm Water Management Plan was determined tn be incomplete bythe SVVVVD. The applicant must obtain a 5VVVVD Permit prior tnfinal plan review bythe City. Plan revisions made to acquire this permit must beresubmitted for City review. 2. There are two Manage l type wetlands on the western edge of the parcel. These wetlands are subject to the requirements SVVVVD and DNR review. The applicant must submit information toshow compliance with SVVVVDRule 3and the Wetland Conservation Act ufI99laspart ofthe VV[Aprocess. 3. The applicant must obtain an K4P[A Stormwater Construction Permit prior to the start of construction. Plan revisions made to acquire this permit must be resubmitted for City review. PAGE 1 of 3 4. AHydroCAD model has been submitted showing reduction in rate discharging for the 2, 10, and lOO-yr 24'hrstorm events, thereby meeting rate control requirements. S. The applicant is proposing to use a combination of four (4) infiltration basins to meet volume control and water quality requirements. The plan complies with SVVVVD and state rules subject to verification of plan assumptions. 6, Each infiltration basin area must be investigated to verify infiltration assumptions shown in the storm water model. A minimum of 2 borings are required to a depth of at least 5 feet below the proposed infiltration basin bottom. 7. The storm water facilities are proposed to be constructed on private property and are not being constructed to meet City engineering design standards. The storm water facilities therefore must be privately owned and maintained. A maintenance agreement in a form acceptable to the City should be executed and recorded with the County for all permanent storm water facilities to be located on private property. The agreement shall provide a maintenance plan defining the maintenance responsibilities for the private owner, the type nfmaintenance and the maintenance intervals, FINAL CONSTRUCTION PLANS& SPECIFICATIONS: The following comments have been provided \ndirect plan corrections necessary for final construction plan approval. When submitting revised plans, please provide a point bypoint response letter that details the changes made tothe plans. 1. Final Construction Plans and Specifications must be prepared in accordance with the City Engineering Design Standards Manual using City standard plan notes, details and specifications for all public infrastructure. 2. City cfLake Elmo standard specifications. City ofLake Elmo standard specifications must be placed in a project manual to be available tothe Contractor, The project manual must be submitted with the revised final construction plans. 3. The Specifications must include the following statement as the first clause of the supplementary provisions, "The City Standard Specifications for Public Infrastructure, doted February 2015, shall apply to the work performed under this contract. Any supplemental specifications are intended to supplement the City Standard Specifications, however they do NOT supersede the City Standard Specifications, Details, Design Standards, or ordinances unless specific written approval has been provided by the City." 4. SheetZUOCG: • City Standard Plan Notes for Grading and Erosion Control must be included on the Grading and Erosion Control Plans. Any plan notes that contradict the City plan notes must be removed. ° A plan note must be added to specify maximum slopes of 4:1 within public R/W. * Turf establishment details must be added to the plans, Seed, sod, mulch types and applications must bespecified including topsoil requirements and preparation. ° Seeding mixes and turf establishment requirements for infiltration basins must be added to the plans. * Plan notes must be added to require the basin subQrade to be scarified to a minimum lI-inch depth prior 10the placement ofinfiltration soil media, ~ Basin 4outlet structure elevations and basin elevations must be corrected to be consistent with the proposed design. • Storm sewer should beminimum lS'inchdiameter. S. Sheet ZOOCP: ~ The project proposes two driveway accesses located off Eagle Point Boulevard. It appears that the driveway locations are consistent with staff direction, however the plans must be updated to show the intersection of Island Drive with Eagle Point Boulevard so staff may review and verify access spacing relative to Island Drive. � Drainage, geometric and profile details must beadded \othe plans toverify drainage is not directed onto Eagle Point Boulevard at each access driveway. Valley gutters may be required to accommodate drainage along Eagle Point Boulevard. PAGE 2 of 3 • Curb cuts and utility cuts to the existing pavement of Eagle Point Boulevard to be completed to the limits and at the direction of the City Engineer. All cuts must he full width patches and must be sufficiently large toutilize standard compaction equipment. • Add plan note ateach access driveway ashwUows� ~Sawcutand remove existing 8bl8concrete curb and gutter at the nearest curb joint. Sawcut along existing bituminous street edge must be straight and smooth". • Fire Protection. Site Mans must be updated to include the placement of Fire Lanes, Yellow painted curbing and No Parking areas for fire protection purposes at the direction of the Fire Chief. 6. Sheet 2OO[U: * Connection to existing sanitary sewer stub. The project proposes to connect to the existing 8-inch sanitary sewer stub located in Eagle Point Boulevard, A 6-inch private service line is proposed to connect tothe building. Nopublic utilities are proposed. • Connection to existing watermain stub. The project proposes to connect to an existing IZ'inch watermain at two locations within Eagle Point Boulevard to create a looped watermain network, In addition, an 8-inch watermain is also proposed interior to the site and looped around the building with 5 hydrants for fire protection. A 4-inch water service line and 8-inch fire service line are proposed to connect to the building (private service Unes). The interior site watermain loop with hydrants must be publically owned and maintained. Easements must be provided as part of the revised Plat. • The City minimum pipe size is Oinch. The 6-inch watermain shown on the northwest side of the building must be revised to8'inch pipe. • City Standard Plan Notes for VVatermain must be included on the Utility Plans. Any plan notes that contradict the City plan notes must beremoved. 7. SheetZO0LP: * Plan notes must be added to require the Contractor to flag all tree locations for City review and approval prior toinstallation. All trees must belocated a minimum of5feet from public utilities. w Engineering has not reviewed the proposed landscape plan (privately owned) or building plans. 8. Detail Sheets: ° City Standard Details Grading and Erosion Control must be used for the project and included on the detail sheets. • City Standard Details for Watermain must be used for the project and included on the detail sheets. PAGE 3 of 3 CITY OF LA. ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-107 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PUBLIC SCHOOL BUILDING WITH7N THE EAGLE POINT BUSINESS PARK WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, BWBR Architects, acting on behalf of Northeast Metro 916 Intermediate School District, 2540 County Road F East, White Bear Lake, MN and United Properties, 3600 American Boulevard, Suite 750, Minneapolis, MN ("Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit to allow the construction of a. new public school serving disabled students in grades kindergarten through eighth grade within the Eagle Point Business Park; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake 'Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 25, 2013; and WHEREAS, the Lake Elmo Planning Commission submitted its report and recommendation concerning the Conditional Use Permit request to the City Council as part of a Staff Memorandum dated December 3, 2013; and WHEREAS, the City Council considered said matter at its December 3, 2013 and December 17, 2013 meetings. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: F!NDINGS 1) That the procedures for obtaining said Conditional Use Permit (CUP) are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.106 have been met by the Applicant. 3) That. the proposed Conditional Use Permit. is to allow the construction of a new public school serving disabled students in grades kindergarten through eighth grade within the Eagle Point Business Park as more fully described in application materials submitted to the City. 4) That the proposed Conditional Use Permit will be located on property legally described as Outlot A of Eagle Point Business Park Seventh Addition according to the plat thereof filed of record in the office of the Register of Titles in and for Washington County, Minnesc.)ta, Resolution No. 2013-107 5) That a public school is designated as a Conditional Use within the BP — Business Park Zoning District in Section 154,551 of the Zoning Ordinance; and 6) That the proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city, 7) That the proposed use conforms to the City of Lake Elmo Comprehensive Plan. 8) That the proposed use is compatible with the existing neighborhood, 9) That the proposed use meets all specific development standards for such use listed in Article 7 of the Zoning Ordinance, 10) That the proposed use will he designed, constructed, operated and maintained so as to he compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 11) That the proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. 12) That the proposed use wilt he served adequately by essential public facilities and services, including, streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use, 13) That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 14) That the proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors, 15) That vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 16) That the proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. CONCLUSIONS AND DECISION Based on the. foregoing, the Applicants' application for a Conditional Use Permit is granted subject to the following conditions: 1) The applicant shall submit final development plans and a final plat consistent with the City's Planned Unit Development and Subdivision requirements prior to the issuance of a building permit and prior to thc commencement of any grading activity on the site. The applicant shall secure any required permits from the South Washington Watershed District prior to commencing any grading or construction activity on the site. Resolution No. 2013-107 3) The final development plans shall include detailed landscape plans that conform to the Lake Elmo Zoning Ordinance and Eagle Point Business Park PUD Standards. 4) The applicant shall submit detailed architectural plans al the time of the final development plan review by the City. These plans shall conform to the City's Design Guidelines and Standards Manual and the Eagle Point Business Park Design Guidelines. 5) The final development plans shall include a signage plan. 6) The applicant shall pay a fee in lieu of park land dedication as detemiined by the City prior to the final plat being released for recording. 7) The final plat. shall include all easements for drainage and utility and other purposes as required by the City Engineer. 8) The applicant shall enter into a service agreement with the City prior to issuance of a building permit for the site. 9) The Conditional Use Permit shall be valid for a period of 24 months. The permit shall become void if an application for a final development plan is not submitted within 24 months of the date on which the conditional use permit was granted by the City Council. 10) The applicant shall work with the City and neighboring property owners to develop an amicable resolution to th.e traffic and access spacing concerns that were voiced during the public hearing, by a business owner within the Eagle Point Business Park. Passed and duly adopted this 17'h day of December by the City Council of the City of Lake Elmo, Minnesota, Mike Pearson, ATTEST: Resolution No. 2013-107 PROJECT DIRECTORY OWNER NORTHEAST METRO iNTERMEDIATE E04001. DISTRICT 916 00*....0000 • +MOO ARCHITECT MDR MO, OP .010 ; r"Z CIVIL ENGINEER LARSCTI ENCINETReiG RE omcooR r re▪ e, MECHANICAL ENGINEER DUNHAM ;;TELETT.EETTER; EERTRR..; Rs; RE ELECTRICAL ENGINEER OUNRArn 9 411,11.41, 100 ...CM 01 0,071 ,Me STRUCTURAL ENGINEER CRICKSEI; ROED & A5509647E5 ; CONSTRUCTION MANAGER KRAUS-ANDERSDN 01, 0eme,eme 0,40o1 m mom NORTHEAST METRO INTERMEDIATE SCHOOL DISTRICT 916 K-8 Special Education Building Lake Elmo, Minnesota PLAT APPLICATION REVIEW July 22, 2015 SHEET iNDEX - FRONT END. -A A SERE; Nunn * *, SHEET INDEX - SOMME, Stme; Same SHEET INDEX ARCHITECTURAL 916 0, V 3 I' 01 Stsset Name GENERA:, NOTES: IltiA-71A-E,A7r-AAAAA5SEAZAA'Ai f ,seem P,0* 00.0.0... SHEET VJEFERITEAROASEREMACONEVLANATION I ; ..mE . DE • 4.100. 0.100 '1,050.0,1MP 2.0 mem 0,0 i.701 .10F ols t-r.4 rs, rIssots ss, 4r 0.0.0 641*7 OF 71, 74 OPK. 00,0 C 0.04.0 Psn* f1.00 . 01.P0,0 00 0E115000MM 51,5*4*153153 ; .0100.76 3e, 000,0000 17,,t3 Or0 000.0.e, 04. WC OP CPO R.I.. 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RI 10 C C 5.10505,..51 'WAS I 0*00000*14*040*4,000 00CI:01.1EAST METRO 91G INTERMEOIME '',CHOCL DIETVICT LAKE El1,10 R 33803101031 DALSI4*EATUDET13 ETZEPEEFFEEREP-T thts.••• LANDSCAPE DETAILS 220 Oqt 51 .1 ;1: .1 q , lii ki - 51 I' Ai - d d dii z.: A , . ._ • "1,0 rei . [el I 1 11 Ll; .4 0. L. 4 =1; CO 1,4 111 .13 .41 j11 1, 4;T:.• '..1' :. ... ,- g f i 8 4 , So - x K 5 ''''' ,,,T)TAT,E.T.ENNETENE,ATTASIAASITIA, fl.w.A._13.,,,HF,CCPAGVatr.ENT .TEIN ANAT.... ANNA LEEmovNANNiv r=ra3 Earn= API X\CCI.IfVf NORTHEAST ME IRO 916 !N[FRMED;ATE 'CJtOCL DISTRICT B L L T ,AKE LLMO w R EXENU011 ELEVATIONS 511 A rot Final Plat Application Northeast Metro 916 Intermediate School District Lake Elmo Application Statements A. Owner nfRecord Kristine Carr NE MetrnlSD 916 254VCounty Road FEast White Bear Lake, MN 55110 Authorized Regent SteveEhck5pn VvV8R 38VSaint Pe,e,Stre'a StPaul, KxNBlO7 Engineer Eric Meyer Larson Engineering, Inc. j524LaboreRoad White Bear Lake, MN 55110 Surveyor 5undeLand Surveying 9OOlEast Bloomington Freeway Bloomington, K4N5542V B. Current Zoning Approved Conditional Use (Public and Private Schools) in Eagle Point Business Park PUD Parcel Size: l4,49acres o,848.98Is�t Property |DNo. �T8D Legal Description: Lotl' Block l. Eagle Point Business Park 8`^Addition [, Final Plat Name: Eagle Point Business Park 8`nAddition Lot and Block Number Lot l Block Lot Size: l9.47Acres Lot Width: Irregular Lot Depth-Inegu|a, DedicatedPuh|icOpenIpacc-None Estimated Value of Dedicated Land and Improvements None Area of Wetlands and Buffers - No delineations performed Area ofDedicated RightcfVYay-Zem Legal Description of Lots, Easements Created and Vacated -See plat Final Plat Application Northeast Metro 9l5Intermediate School District Lake Bnnn Page Zof2 Preliminary and Final Plat are Combined PnojectDendty—m/A Construction of all infrastructure improvements will commence in spring of 2016 and be complete approximately I4months later. Bremer Bank expressed concern for traffic conflicts with school buses. Kathy Tucdfrom Bremer Bank acknowledged in letter, dated 6/18/15' that she is satisfied that her concerns have been addressed, There have been noconcerns expressed regarding conflicts with nearby land use. This development will not put excessive burden on roads, traffic, public utilities, etc., as it is a school occupied Monday—Fhday 7i0-4:UOonly- There is no |akeshorcassociated with this development, According to the PUD Amendment, the property owner will pay fee in lieu of Park Land Dedication, , , r , EAGLE POINT BUSINESS PARK 8TH ADD/TION s,,Er sE„ s eEE EEE E, ptJ ToE55-- 'art 2J8 04, at, „Et rg; ' E to- 02. s •," Esn, VICINirr MAP ,E.EK A9,ed rmg, .E.E0., ,EEt EE v u SUNDE LAND SURVEYING PROPOSED LOT PROPOSED BLOCK 1- - FOEtwev..0 pruarn, .FAMEPONT1ILISINESS PARK $r11,1001774W Station #1 3510 Laverne Ave. No. Lake Elmo, MN 55042 651-770-5006 LAKE ELMO FIRE DEPARTMENT August 10, 2015 Station #2 4259 Jamaca Ave. No. Lake Elmo, MN. 55042 651-779-8882 After review of the FINAL PLAT — NORTHEAST METRO ISD 916, the following items need to be addressed: • FIRE HYDRANTS o Spacing/Location — Locations appear to be adequate. We MUST ensure spacing meets our commercial requirement. The hydrant on the East side, identified as "FUTURE ADDITION" needs to be installed, o FDC (Fire Department Connection) — Location needs to be approved by Fire Chief. o Lock Box — Contact Fire Chief for ordering and location approval. o Fire Lanes will need to be identified. Will be marked by painted curbing and signage. o Location of Annunciator Panel to be approved by Fire Chief. Thank you. Reviewed by Greg Malmquist, Fire Chief -Proudly Serving Neighbors & Friends" NORTHEAST METRO Intermediate School District June 18, 2015 Kathy Tucci Vice President Facilities Bremer Financial Services, Inc. 8555 Eagle Point. Blvd Lake Elmo MN 55042 Kathy: Thank you for meeting with BWBR Architects and me earlier this spring and then again this morning to review the site plan for our proposed K-8 school in Lake Elmo. As you are aware, the conditional use permit for our school has as a condition that we meet and develop an amicable resolution to the traffic and access spacing concerns that were voiced during the public hearing by you as a business owner within the Eagle Point Business Park. This letter is to serve as documentation to the City Administration and Councii that we have met with and addressed the concerns to everyone's satisfaction. Our staff and students look forward to becoming your neighbor in Eagle Point Park. Please don't hesitate to contact me at any point in the future if you have questions or concerns regarding our project. Sincerely, Kristine Carr, MBA, CPA (inactive) Director of Administrative Services cc Nick Johnson, City Planner 2510 County Road F East I White Bear Lake, Minnesota 55110 p I 651.415.5500 • f 651.415.5510 www.nernetro.k12—mn.us SERVICES AGREEMENT Services Agreement, entered into this 0) day of , 2014, by and between the City of Lake Elmo, a municipal corporation of the State of Minnesota ("City") and Northeast Metro 916 Intermediate School District ("School"). WHEREAS, School is the fee owner of a parcel legally described as Outlot A Eagle Point Business Park 7th Addition, Lake Elmo, Minnesota, (the "Property"), and intends to construct and operate a public school on the Property serving special needs students pursuant to its organizational charter (the "Activity"); WHEREAS, School anticipates, based on its operation of similar schools, that the Activity will require public safety services provided by City ("Services") at a level which exceeds those generally provided to other businesses or institutions in the City; WHEREAS, City and School have agreed on a fixed rate of reimbursement to be paid to City by School for Services rendered to the Property, and such agreement is evidenced by this Services A greem ent; NOW, THEREFORE, in consideration of the mutual agreements contained herein, School and City hereby agree as follows: Services, City agrees to provide the Services to the Property during the time that the Activity is conducted on the Property, without any charge, assessment or fee charged to School or assessment against the Property, other than the Payment described in Paragraph 2 below. 2. Pavinent. School agrees to make au annual payment ("Payment") to City in consideration of City providing the Services. Each payment shall be payable on December 31, commencing December 31, 2017, and shall be attributable to Services rendered during the school year commencing September 1" (prior to the Payment date) and concluding August 31' (subsequent to the Payment date). The amount of the Payment due December 31, 2017 shall be S31,500.00; the Payment amount in each subsequent year shall equal 1.02% of the previous year's payment (a two percent annual increase). 3 Term. The term of this Agreement ("Term") shall commence as of the date hereof, and shall terminate ten (10) years later; provided; however, that School's obligation to make the Payments shall cease at such time prior to the end of the Term if it ceases to conduct the Activity on the Property. Six months prior to the end of the Tenn, City and School shall meet to consider a possible extension of the Term and any appropriate modifications to the Payment amount or other terms of this Agreement. 4. Miscellaneous. Any modifications to this Agreement must be in writing and signed by City and School. Both parties acknowledge that the extension and performance of this A -e t have been fully authorized and approved by their respective institutions. Any notices hereunder shall be sent in writing, by certified or registered U.S. Mail, return receipt requested, or by a national overnight mail service, to addresses listed below: Ms. Kristine Carr Director of Administrative Services Northeast Metro 916 2540 County Road F East White Bear Lake, MN 55110 Director of Finance City of Lake Elnio MOO Lavern Ai. Lake Elmo, MN 55042 IN WITNESS WHEREOF, the parties hereto have executed this Services A date first above written. -ee CITY OF LAKE E 0: NORTHEAST METRO 916 INTERMEDIATE SCHOOL DISTRICT as of the By: By: Mike Pea'rson, Mor Its: By: DeairZu1er. Ci 02058S/312001,1 5850101 ag_er 1 tS: /-1 "k114)1 z TI CITY OF LAKE ELMO DATE: 9/1/15 ITEM 17 AGENDA ITEM: WAC and SAC Profon-na Discussion SUBMITTED BY: Clark Schroeder Interim City Administrator THROUGH: Cathy Bendel REVIEWED BY: Cathy Bendel SUGGESTED ORDER OF BUSINESS. Introduction of Itern ...... ...... City Administrator Report/Prescntation................. ....... ..... 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: City Council FISCAL IMPACT: see attachment SUMMARY AND ACTION REQUESTED: A request was made my Mayor Pearson to have a proforma on the cities WAC and SAC funds. Assumptions need to be made that affect the cash flow of these funds which could have material effect on their financial analysis. One assumption is what time frame is used to buildout current approved housing units that are in a WAC/SAC zone. The current balance of these funds is healthy due to prepayments for hookups, but the concern is will the city be able to cash flow these services 10-15 years down the road. Other factors could also affect these fund which need to be considered during any long-range projections. RECOMMENDATION: Discussion and information only. THE art' OF LAKE ELMO AYOR & COUNCIL CO ("CATION DATE: 09/01 /201 5 REGULAR AGENDA ITEM #19 AGENDA ITEM: Plat Approval Process/Conditions of Approval SUBMITTED BY: Councilmember Fliflet THROUGH: Administration REVIEWED BY: Councilmember Fliflet SUGGESTED ORDER OF NESS: Introduction of Item .......... ..... ..... ................................. Council member Flitlet Report/Presentation .................................Councilmember 171 i Ilet Questions from Council to Staff Mayor Facilitates Call for .Motion ......................................... ..... ................. Mayor & City Council Discussion .............. ........... ......... ........... Mayor & City Council Action on 'Motion. ...... ........ Mayor Facilitates POLICY RECOMMENDER: Councilmember Fliflet FISCAL IMPACT: Unknown SUMMARY AND ACTION REOUESTED: Council is being asked to discuss the process under which plats are brought forward for approval. Several areas of concern have been identified including: • Parks Commission concerns and recommendations not being brought forward with the Plat approval (this was brought up and identified as a problem at our joint council/parks commission meeting) • Landscape architect concerns and recommendations not being brought forward with the Plat approval (this was brought forward as a concern by our landscape architect) • The number of conditions accompanying plat approvals • The follow up to ensure all conditions are met following plat approvals • The follow up to ensure landscape plans and other items are in compliance with approved plats • Developers granted permission for grading before tree preservation plans have been discussed and adopted -- page 1 -- TI (Try OF LAKE ELMO AYOR COU CIL CO UNICAT 0 DATE: September 1, 2015 REGULAR ITEM 21 MOTION AGENDA ITEM: Building Inspector Position SUBMITTED BY: Clark Schroeder Interim City Administrator THROUGH: Clark Schroeder REVIEWED BY: Clark Schroeder liUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ....... City Administrator It eport/Presentation................................................('ity Administrator Questions from Council to ..... ............ Mayor Facilitates Call for Motion ..... ............... Mayor & City Council I)iscussion.... ..... ........... Mayor & City Council Action on Motion........................... ..... Mayor Facilitates POLICY RECCOMENDER: Staff FISCAL IMPACT: Included in the 2015 budget. SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has approved a number of new homes which will he built over the next 5-7 years. As an update, since the last time this was before the council, our contracted building inspector has given 30 day notice. The last directive given by council was to hire an additional contractor for 20 hours to supplement the current contractor. We have had limited success securing material commitments for this 20 hour position. Our 2016 budget is built upon a 130 housing buildout with local standards from neighboring cities of one inspector for every 50 homes. In discussing this with other local city administrators, if you wait until you need a 100 percent position, most likely you have waited too long and have provided poor customer service. Lake Elmo is in a consortium with local cities that help out when demand is high or inspectors go on vacation or have health related issues. This type of quid pro quo it is a two way street and Lake Elmo has not had capacity to lend out inspectors for some time now. If you approve this position and we have available time, we most likely would be able to fill time with other cities -- page 1 -- City Council Meeting [Regular Agenda Item 21] September 1, 2015 inspections and bill that out. In addition, there is a possibility that annual fire inspections could be done by this position if they were so trained and the Chief approved. This position would also inspect and inforce nuisance ordinance complaints. BACKGROUND INFORMATIQN(SWOT): Strengths — The proposed position will continue the vision of service to the community and compliance with applicable State and Municipal Code requirements. Weaknesses — Not Applicable Opportunities — The proposed position will assist in carrying out the Department of Building safety's mission in maintaining minimum requirements to safeguard public health, safety, and general welfare through compliance with City Code. Threats- Economic downturn could happen and housing starts could stop necessitating the laying off of a new hire. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council authorize the hiring of a full time building inspector. "Move to authorize the City Administrator to advertise, recruit, interview, and present for employment a Building Inspector. -- page 2 -- CITY OF KE ELMO & COUNCIL CO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: UNICATION DATE: September 1, 2015 REGULAR ITEM #12 ORDINANCE 08-121 RESOLUTION 2015-045 Zoning Text Amendment — Commercial Wedding Ceremony Venue Ordinance Kyle Klatt, Community Development Director Clark Schroeder, Interim City Administrator Nick Johnson, City Planner (Former) Planning Commission S ;(;' -ED ORDER OF 131JSINESS: Introduction of Item Development Director Report/Presentation.................... _ .....„.(ommunity I)cvelopnient 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 is recommending approval of a zoning text amendment to expand the opportunities to conduct Commercial Wedding Ceremony Venues within the community, FISCAL IMPACT: None — The City's review of the requested Zoning Text Amendment is reimbursed through the submitted application fee. SUMMARY AND ACTION REQUESTED: The City has received a request from Danielle Hecker, 11658 50th Street North, to amend the City's Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the City's RR — Rural Residential zoning districts. The City Council discussed the matter at their June 2, 2015 meeting, and requested that additional opportunities for public engagement be provided. The Planning Commission and Staff are recommending approval of the requested amendment with further -- page 1 -- City Council Meeting [Agenda hem 12J September 1, 2015 restrictions on the application of the ordinance as noted on June 2nd. The motion to take the recommended action on the request is as follows: "Move to adopt Ordinance 08-121, amending the Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the City's RR — Rural Residential zoning districts and to increase the maximum number of guests allowed at each event rom 150 to 200" In addition, Staff is recommending that the City Council authorize summary publication of the approved ordinance through the following motion: "Move to adopt Resolution 2015-045, authorizing summaty publication of Ordinance 08-121." BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has received a petition from Danielle Hecker, 11658 50th Street North, to amend the City's Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the City's RR — Rural Residential zoning districts. The City Code presently restricts such uses to the A — Agriculture and RT — Rural Transitional Districts. The City Council reviewed this request at the 6/2/15 meeting. The City Council postponed consideration of the Zoning Text Amendment to seek additional public feedback, as well as a map of potential sites the proposed ordinance would activate. To follow up on this discussion, staff has attached a map that identifies the Rural Residential parcels that would be able to be utilized as wedding venues. There are 6 such parcels in the community. The map can be found in Attachment #4. In addition, the City has received additional feedback about the proposal to amend the wedding venue ordinance. The feedback is collected and attached to this report in Attachment #5. STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS: Strengths: The Planning Commission found that the ordinance amendment would help preserve historic agricultural buildings within the City. The ordinance expands upon the existing ordinance that allows additional opportunities for use of agricultural properties that may no longer be viable as farmland. Weaknesses: The ordinance would allow the expansion of a more commercial -type of activity into rural residential areas. Wedding ceremony venues will generate additional traffic at peak times immediately prior to and after each event. The venues could potentially generate other negative impacts that need to be managed on the site (noise, trash, parking, etc. Opportunities: The potential for re -use of historic buildings that would otherwise have limited use. -- page 2 -- City Council Meeting [Agenda Item 12] September 1, 2015 Threats: Wedding venues by their nature will result in the gathering of larger numbers of people at one location, which can result in some impacts to surrounding properties. The ordinance establishes standards in order to contain or limit any negative impacts. RECOMMENDATION: Based on the aforementioned, the Planning Commission and staff are recommending that the City Council approve the proposed amendment to the Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the City's RR — Rural Residential zoning districts and to increase the maximum number of guests allowed at each event from 150 to 200 with the additional restrictions as documented in the attached Ordinance 08-121. The recommended motion to take action on the request is as follows: "Move to adopt Ordinance 08-121, amending the Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the CiO,'s RR — Rural Residential zoning districts and to increase the maximum number of guests allowed at each eventfiom 150 to 200" In addition, Staff is recommendingthat the City Council authorize summary publication of the approved ordinance through the following motion: "Move to adopt Resolution 2015-045, authorizing summary publication of Ordinance 08-121." ATTACHMENTS: 1. Staff Report dated June 2, 2015 2. Ordinance 08-121 3. Resolution 2015-047 4. Map of Possible Rural Residential Wedding Venue Locations 5. Additional Public Feedback Since 6/2/15 Meeting -- page 3 -- TIIF, CITY OF LAKE ELN 0 AYOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM # June 2, 2015 7 AGENDA ITEM: Zoning Text Amendment — Commercial Wedding Ceremony Venue Ordinance SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Nick M. Johnson, City Planner Planning Commission SUGGESTED ORDER OF BUSINESS of removed from the Consent Agenda): Introduction of Item Conununity 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 is recommending approval of a zoning text amendment to expand the opportunities to conduct Commercial Wedding Ceremony Venues within the community. FISCAL IMPACT: None — The City's review of the requested Zoning Text Amendment is reimbursed through the submitted application fee. SUMMARY AND ACTION REQUESTED: The City has received a request from Danielle Hecker, 11658 50th Street North, to amend the City's Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within thc City's RR — Rural Residential zoning districts. The City Code presently restricts such uses to the A — Agriculture and RT — Rural Transitional Districts. The applicant is also asking to increase the maximum number of guests allowed at each event from 150 to 200. After reviewing the request and conducting a public hearing on this matter, the Planning Commission and Staff are recommending approval of the requested amendment with further restrictions on the application of the ordinance as noted below. The motion to take the recommended action on the request is as follows: page 1 -- City Council Meeting [Regular Agenda Item 7] June2, 2015 "Move to adopt Ordinance 08-121, amending the Zoning Ordinance to allow Commercial Priedding Ceremony Venues as in interim use permit within the City's RR — Rural Residential zoning districts and to increase the maximum number ofguests allowed at each eventfrom 150 to 200" In addition, Staff is recommending that the City Council authorize summary publication of the approved ordinance through the following motion: "Hove to adopt Resolution No. 2015-45, authorizing summary publication of Ordinance 08- 121." BACKGROUND 1NFORMATION/STAFF REPORT: The City of Lake Elmo has received a petition from Danielle Hecker, 11658 50th Street North, to amend the City's Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use pennit within the City's RR — Rural Residential zoning districts. The City Code presently restricts such uses to the A — Agriculture and RT — Rural Transitional Districts. The applicant is also asking to increase the maximum number of guests allowed at each event from 150 to 200. The Planning Commission conducted a public hearing on the request consistent with the review requirements for ordinance amendments. The applicant currently resides at the above address, and should the zoning amendment be approved by the City, intends to submit an applicant for an interim use permit in accordance with the Commercial Wedding Ceremony Ordinance to operate such a use from this property. The attached report to the Planning Commission contains additional information concerning the request, in addition to the Staff recon-u-nendation to the Commission. Staff recomniended approval of the request with additional restrictions concerning sites within RR zoning districts that would be suitable for such uses. PLANNING COMMISSION REPORT: The Planning Commission reviewed the applicant's request at a public hearing on May 27, 2015. The Commission heard testimony concerning the zoning amendment from two neighboring property owners as documented in the drag minutes from the meeting, and also received written comments from three additional individuals (these comments are attached to this memorandum). The City has also received one more email concerning the request since the Planning Commission meeting, and this email has also been copied for consideration by the Council. In general, the comments that have been received express the following concerns about the request: • The increased traffic on 50th Street from the applicant's site. • The safety of pedestrians, bicyclists, and other non -motorized commuters along 50th Street due to an increase in traffic and narrow travel lanes on the road. • The lack of a trail along the western portion of 50th Street for pedestrians and bicyclists. • The potential queuing of vehicles at Highway 5 and Highway 17 after events. -- page 2 -- City Council Meecing fRegulctr Agimtla Item 77 June 2, 2015 That the proposed commercial use is not consistent with a residential area and is not consistent with the City's Comprehensive Plan. • The ability of 50`h Street to handle additional traffic. • Potential conflicts due to noise and other nuisances from the wedding venue site that is not compatible with rural uses and activities. • That the proposed change does not take into account the desires of the entire community. • The compatibility of larger parking area with surrounding residential uses. • The potential disruptions to residents that live along a quiet street in the community. • The risk that the use of alcohol may be served and that reception -type activities would take place on the premises, • Potential conflicts with the proposed residential development around the site. The Commission generally debated the merits of the proposed arnendinent, and spent time discussing whether or not the ordinance change was consistent with the City's Comprehensive Plan. It was noted that preserving an older, historic barn was in line with the City's Plan, and that protecting this type of historic building should be the primary objective of the ordinance and not specifically preserving farm land. The Conunission also debated the maximum number of guests that should be allowed under the ordinance, and ultimately voted to increase this number to 200 as per the applicant's request. The applicant pointed out that the average wedding size through the nation is around 150, but that this number has been decreasing according to recent trends. The Commission also noted that the interim use ordinance process offers additional control for the City if any problems arise from the operation of the facility. The Commission supported the Staff recommendation to further restrict the applicability of the ordinance to sites that have served as the fan-nstead for the surrounding agricultural land and that involve the re -use of a historic building on the site that is at least 75 years old. The Planning Commission unanimously recommended approval of the zoning text amendment to allow Commercial Wedding Ceremony Venues as in interim use pennit within the City's RR — Rural Residential zoning districts and to increase the maximum number of guests allowed at each event from 150 to 200 with the additional restrictions as recoirunended by Staff (Vote: 5-0). STRENGTIIS, WEAKNESSES, OPPORTUNITIES, THREATS: Strengths: The Planning Commission found that the ordinance amendment would help preserve historic agricultural buildings within the City. The ordinance expands upon the existing ordinance that allows additional opportunities for use of agricultural properties that may no longer be viable as farmland, Weaknesses: The ordinance would allow the expansion of a more commercial -type of activity into rural residential areas. Wedding ceremony venues will generate additional traffic at peak times immediately prior to and after each event. The venues could potentially generate other negative impacts that need to be managed on the site (noise, trash, parking, etc.). -- page 3 -- City Council Meeting [Regular Agendo llc'm 7J lune 2, 2015 Opportunities: The potential for re -use of historic buildings that would otherwise have limited use. Threats: Wedding venues by their nature will result in the gathering of larger numbers of people at one location, which can result in some impacts to surrounding properties. The ordinance establishes standards in order to contain or limit any negative impacts. RECOMMENDATION: Based on the aforementioned, the Planning Corrunission and staff are recommending that the City Council approve the proposed amendment to the Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the City's RR — Rural Residential zoning districts and to increase the maximum number of guests allowed at each event from 150 to 200 with the additional restrictions as docuinented in the attached Ordinance 08-121. The recommended motion to take action on the request is as follows: "Hove to adopt Ordinance 08-121, amending the Zoning Ordinance to allow Commercial Wedding Cerenunzy Venues as in interim use permit within the City's RR — Rural Residential zoning districts and to increase the maximum number of guests allowed at each event win 150 to 200" In addition, Staff is recommendingrecorninending that the City Council authorize summary publication of the approved ordinance, through the following motion: "Move to adopt Resolution No. 2015-45, authorizing summary publication of Ordinance 08- 121." ATTACHMENTS: 1. Ordinance 08-121 2. Resolution No. 2015-45 3. Planning Commission Report — 5/27/15 4. Application Fonn 5. Application Narrative 6. Proposed Ordinance Amendment (as requested by applicant) 7. Location Map (applicant's property in red) S. Aerial Photograph of Site with Property Measurements 9. Propose Site Layout with Parking 10. Ordinance No. 08-107 (Commercial Wedding Ceremony Venue) 11. Public Comments: a. Rebecca Tenpas b. Laurel Drevlow c. Jennifer Pelletier d. Ann Heimennan -- page 4 -- CITY OFLAKE EL6kO COUNTY OFWASH|NGTON STATE OFM|NNESOTA ORDINANCE NO,00-121 ANORDINANCE AMENDING THE LAKE ELMO CITY CODE OFORDINANCES CONCERNING COMMERCIAL WEDDING CEREMONY VENUES AND ALLOWING SUCH USES AS AN INTERIM USE IN RR ZONING DISTRICTS SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; Chapter 154: Zoning Code, is hereby amended by adding the 5154.400 Permitted and Conditional Uses. Tabie9'1 lists all permitted and conditional uses allowed inthe rural districts. ^^P"indicates a permitted use, "C" a conditional use, and "|" an interim use. Uses not so indicated shalt be considered prohibited. Cross'referenceslisted inthe table under "Standards" indicate the location within this Ordinance of specific development standards that apply tnthe listed use. Table9'1: Permitted and Conditional Uses, Rural Districts ! RT� A ! RR it R5 ! RE | Standard / Accessory Uses Commercial Wedding Ceremony Venue 154.31U.D SECTION 2. The City Council ofthe City of Lake Elmo hereby ordains that TitleXV: Land Usage; Chapter 154: Zoning Code, is hereby amended bwadding the 5 154. 310 Standards for Accessory Uses D. Commercial Wedding Ceremony Venue. Acommercial wedding venue isallowed asan accessory use with an interim use permit in the 4yricuiture^a*-KT Rural Transitional, and RR Rural Residential zoning districts on parcels greater than 10acres size. The establishment of a Commercial Wedding, Ceremonv Venue on RR parcels is limited to those SiLes meeting the following criteria: 1> the site has historically been used as u farmstead for the surrounding auricuiturai (and: and Z) the use wiKincorporate a barn orother historical auricuiturai buiiding over 75years ofage for the wedding ceremonies. The suitability ofa parcel for awedding venue shalt be determined by the characteristics of the site and by the unique capacity nfthe parcel to accommodate the use white preserving the essential rural character ofthe neighborhood and the site onwhich the use is located, by the ability of the parcel to accommodate the use without negative impact on the general health, safety, and welfare of the community, and by other factors the City may deem appropriate for consideration. The use must adhere to the following standards: 1. Ownership. The property will be the primary residence of the venue operator(s). The operator must be on the premises for the duration of each event. 2. Maximum Number of Guests. The maximum numbers of guests is limited to 4-5-0-200 for each event. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-121 was adopted on this 1t day of September 2015, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk This Ordinance 08-121 was published on the day of . 2015. 2 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2015-45 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-121 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-121, an ordinance to amend the City's regulations pertaining to Commercial Wedding Ceremony Venues; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elrno, that the City Clerk shall cause the following summary of Ordinance No. 08-121 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-121, which amends the Zoning Ordinance provisions pertaining to Commercial Wedding Ceremony Venues. The revised ordinance amends the standards for such uses as follows: Allowing a Commercial Wedding Ceremony Venue as an interim use within the RR — Rural Residential Zoning Districts. Increasing the maximum number of guests allowed for each ceremony from 150 to 200. Adding standards that limit Commercial Wedding Ceremony Venues to sites in RR Districts that served as the farmstead for larger agricultural parcels and that would be conducted in historic buildings over 75 years of age. The full text of Ordinance No. 08-121 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: September 1, 2015 Resolution 2015-045 Page 1 of 2 Mayor Mike Pearson ATTEST: Adam, Bell, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution 2015-045 Page 2 of 2 �L"; '`�-'f me oo K�� A�� &��~�� Venue ��N^�� Parcels ~~~~^~� Meeting Wedding ^�� ~^^ `~~`' Requirements ~~``^~~~ ^~~~ Total Parces0 Area: Greater than 1Oacres Zoning: Rural Residential Setback Requirements: Parking: 100 FT from residential property lines; 200 FT from neighboring houses. Outdoor Activity Spaces: 300 FIF from residential property lines; 400 FT from neighboring houses. Indoor Activity Spaces. 300 FT from residential property lines; 400 FT from neighboring houses, 1)(-1,1h Milllie'? (Old li'r? 001 E1 111701711U j[fine, June 18, 2015 Kyle Klatt Community Development Director City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Kyle: RE: Danielle Hecker's Barn Wedding Ceremony Venue (no receptions) This letter is to inform Lake Elmo city staff, city council and local residents that I support Danielle Hecker's request to host wedding ceremonies on her property which borders my property in Lake Elmo. Her property consists of 10 acres which includes a historic farmhouse and barn and several smaller outbuildings that make up the original Goetschel farm homestead of past. The Hecker property is one of Lake Elmo's great historical landmarks; the property is very quaint and the homestead is well taken care of. I own the 110 acres which encompasses the north, east and west sides of the Hecker's property. As the Hecker's most impacted neighbor, I continue to support their venue on their 10 acres. It has been joy to meet and chat with Danielle Hecker. The Hecker's have demonstrated a great sense of pride in their property with the continued improvements they have made to the property. When I first spoke with Danielle, I suggested that both parties (Hecker and myself) plant trees on the borders of the properties which would provide more privacy and buffering. Danielle was very understanding and agreed to plant trees along their north and east property lines in the future. I was very impressed with her immediate cooperation and goodwill; key ingredients in a great neighbor. The proposed business venture would be a complimentary venue to the neighborhood and the barn restoration would improve the surrounding property values and foster a sense of pride for the community. This venue is consistent with the "rural feel" of the surrounding O.P. developments. I sincerely hope Danielle Hecker is granted permission to move forward with her wedding ceremony business on her property. The Hecker's property in Lake Elmo is a historical gem and is an asset that should be shared by others on their special occasions. Best Regards, Nathan Landucci; Landucci Homes, Inc. 13230 20th Sr. Cr N. I Stillwater, MN 55082 I (P) 651.894.2582 (17) 651.342.1049 nate occilmmes.com www.landuceilmmes, corn K le Kla From: Sent: To: Subject: kmlohmer@comcast.net Monday, July 06, 2015 3:29 PM Kyle Klatt Hecker property citizen input Dear Kyle, I was told that the City of Lake Elmo and council members were looking for feedback regarding the Hecker property and the conditional use permit. I would appreciate if you could share my letter with the mayor and council members. Thanks so much. Thank you for taking the time to read our letter regarding the proposed renovation and wedding site on the Hecker family's property. The Heckers are friends of my daughter in law and I was told of the upcoming decision regarding the conditional use permit they are seeking. I did stop by and observed a most beautiful location for what they are planning to do. I wanted to write with some thoughts on the upcoming decision. Our family lived in Lake Elmo for 23 years, and 2-1/2 years ago moved into the Audubon development in Baytown Township. We are at the very back side of the development with woods in the back yard and less than 1/4 mile from 30th street - and very close to the Camrose Hill wedding event site. On weekend evenings in the summer it is not uncommon for us to hear music playing from weddings and I have to say that it is a very pleasant sound. It is always quiet by 10 p.m. and it makes me happy thinking that such a "joyfilled event" is taking place there. I have never heard any complaints since we've lived here. Because 30th street is the border between Baytown Township and West Lakeland Township, I made calls to the township chairs, Kent Granulard and Dan Kyllo. (Mr. Granulard's brother actually lives directly across from Camrose Hill.) They both confirmed that there has never been any issues or complaints and that there is a positive impact to the local community by having the wedding site there. They have never had any traffic incidents and the event center is for weddings and receptions as well. I know that the Heckers are only planning on doing the wedding ceremonies on their property. I wish you well as you make your decision, and would encourage you allow for this zoning text amendment and conditional use permit. I think it would add greatly to the Lake Elmo community and I know that the Hecker family will be very respectful and will take very seriously the terms of the agreement. Best, Greg and Kathy Lohmer Baytown Township lyle Klatt 4 From: Marlene <marlenedyer@gmail.com> Sent: Monday, June 15, 2015 10:04 PM To: Kyle Klatt Cc: Jeremy Dyer Subject: In Response to Lake Elmo Weddings Hello Kyle, I wanted to reach out to you as a Lake Elmo resident to let you know that I am in support of rural setting weddings in Lake Elmo. 1 read in a recent Lake Elmo publication that this topic would be corning up for consideration soon so I wanted to reach out to you. As you already know, Lake Elmo is beautiful. The farms and rolling hills are picture perfect as a backdrop for weddings to take place. Recently my youngest sister got married on such a farm, but had to go across the river to Holton, Wisconsin for her nuptials. Outdoor rustic weddings are a growing trend. Wouldn't it be great if Lake Elmo were the place to get married? I am specifically in favor of Danielle Hecker, as she and her husband seek to restore and preserve the historic buildings on their property and use them to better the community. Inviting people onto their property for wedding ceremonies would encourage the support of other Lake Elmo business through reception venues, flowers, catering, etc. What a great way to bring more business into our city. If our city can set up very specific perimeters regarding parking, traffic flow, times of day, and other requirements that would ensure safely and meet resident's concerns, I am certain that allowing for rural wedding venues could benefit our city in a positive way. Not to point out the obvious, but there is not a lot of pleasant publicity in news about Lake Elmo right now. This is a great opportunity to show our guests the true beauty and history of Lake Elmo. Thank you, Jeremy & Marlene Dyer 10316 Tapestry Bend 2 Kyle Klatt illo.66161E6.41,1AxiclilkoMAWMIMAM14.1411.....M.M,41,11,1rnioMMM.4.4.4611.1.4.4.1.444......J.1....4114.41416......4.4AlMMIA,31,316M4AMA0•AWagrnaguall,', ,..141.111.,h4441oi...161•1.4.411.1M11641.4116....1.1M1,11M,M.....4.11ada..11.16..A1.111. From: PAUL H+REV PALLMEYER <pallmeyer@msn.com> Sent: Saturday, June 13, 2015 10:09 AM To: Kyle Klatt Subject: Proposed Wedding Ordinance We feel that residents should be able to have weddings and receptions in any size and area of their choosing. While the proposed change expands wedding venues to "rural residential" zones, the limits on the size of both weddings and receptions should be dropped. Paul and Ruth Pallmeyer, 8989 Lake Jane Trail N. Sent from Windows Mail Kyle Klatt doW.LIALtidtliiil.4414.6,44.11.41414,1,141,41A441:1W1466,44.16..a41,1, ".6d144WeiiiiWk1.6,1 agaliagi From: Barb Miller <bkm.miller@gmaiLcom> Sent: Saturday, June 13, 2015 8:24 AM To: Kyle Klatt Subject: Lake Elmo Wedding Proposal I live at 9240 55th St N and just read the article in the "Review", looking for public opinion on the wedding proposal. I support the right of individuals to have a wedding AND reception in the area zoned rural residential. I would increase the maximum guest limit to 300. Barbara Miller 4 �� 0latt ��'��,' From: Sent: To: Backberg' Benjamin <BBackberg@fredlaw.com> Monday, June O&20l52:07PK4 Mike Pearson; Justin B|oyer;]u|ie F|iflct;]iU Lundgren; annejsmith@msn.com; Dean Zu|eger; Kyle K|att RE: Lake Elmo- Wedding Venue Ordinance Change I have had a chance to review the playback of the council meeting an 6/2/15 that discussed this topic. } have also been receiving more emai|sinopposition tothis ordinance change. People are also calling foul onthe 75Oftnotice. Notice seems tobeareoccurring theme for meetings, which should bevery simple tofix. Is this topic going tocome infront of the council tomorrow night? Please let nneknow oson. Great if it could be delayed so people can have additional time todigest the proposal. | was also very surprised to hear that barn owner plans to book the barn out 2,3 years in advance --this will not be 10'20 per year. She bgoing totry her best to have as many weddings as possible (for her benefit to the detriment of everyone else around he/). This will have a big change on the area, especially on the weekend (when families are out the most). 50wStreet is also set upxerypoorly for commercial activity wfany type. Not to mention, almost all wedding patrons will not know where they are going, which heightens safety concerns greatly (looking at phones for directions, etc.). We get countless people lost in our neighborhood because they think Linden goes through. Happy todiscuss this with any o/you, but think myview has changed. |nulonger think this will heaharmless business and could be very dangerous, especially for young kids who will venture over there from Sanctuary once the new development isbuilt out tothe south, Thanks' Ben 612-492-7232 From: Backbeng,Benjamin Sent: Tuesday, June O2,Z0l59:58AM To: 'mpeorsnn@|nkee|mn.org'; ]h|oyer@|akeel mo.org'; lOiMeN@|akec|mn.org'; ]|undgren@|okee|mo.nrg'; 'onnejsmith@msn.00m';dzu|eger@|nkeemo.org Subject: Lake Elmo- Wedding Venue Ordinance Change Importance: High Council Members, I have not had a chance to look at the materials in detail on the proposed wedding ordinance change,but was wondering where you all were falling onthe proposal? Seems like aslippery slope. Great ifyou could let meknow your thoughts assoon aspossible. The Sanctuary HOA Board is looking into this matter now and it also looks like 'it would directly impact the Gn\scha|land plat. Nnon'in the Sanctuary neighborhood was aware ofthis until this morning. Thanks, Ben 612'492'7232 5 We Watt Fnorn: Wally Nelson ^waUy@mornowpartnecsinccom> Sent: Sunday, June O7'20l58:I6AyW To: KWeK|att Subject: Wedding Venues K4r.Nott, | think it isawonderful idea \oallow weddings inthese zoning districts. It is a great way to keep the rural character of Lake Elmo in place and this will allow the old barns with character to be preserved. Thanks 6 K le Klatt From: guswilt24@comcast.net Sent: Friday, June 05, 2015 6:56 PM To: Kyle Klatt Subject: Weddings I enjoyed the presentation given by Danielle Hecker (sp?) and her idea to craft her barn into a wedding chapel/area. I think it would be a great venue to host such a beautiful event. I also think it would be OK to host weddings at other sites as well. Thanks for tossing this idea out to the public. Dana Nelson 2871 Legion Ave N 7 51le Watt From: Pau|Huct <phuotgphuotcnm` Sent: Friday, June O5.2OI5I:I}Pk4 To: Kyle K|att Subject weddings I think it's sad that we can't legally hold a small (100 people or less) wedding and reception in our homes. |amgood with having a permit for weddings and reception over 100 people up to 200. Pau|Huot 4955]amacaAve N Lake Elmo, MINI 5SO42 8 Kyle Klatt .01,66.allam414,1MIALLMIIM1414.111AIMIlk.444,44MM1444.0114.444.11 Aluallaarni.61.4w,41411,0, ,14.411111.1..4.441.1114.11,141,41M14.1.1.14MUJM111,11.144,1a.i.14,,A141111114.14111.1.111M From: jenniferpelletier©comcastnet Sent: Tuesday, June 02, 2015 12:47 PM To: mike pearson; Anne Smith; Justin Bloyer; jfliflet@freshwaterorg; Jill Lundgren Cc: Dean Zuleger; Kyle Klatt Subject: Fwd: Tonight's agenda item / wedding facility in RR / resend Hello, I sent this to the planning commission last week, but I thought I'd send it to the council prior to tonight's meeting as well. I have been in communication with the applicant and she knows what my thoughts are; she's a good neighbor and it is not my mission to prevent them from starting a business. MOST of this note below has to do with the next phase: the interim use permit discussions. Regarding a zoning change, I am not opposed to adding a wedding facility in the RR district as long as it does not include receptions. Thank you for taking the time to read my comments before/during tonight's meeting. It is not necessary to read it aloud; like I said the applicant and I have chatted quite a bit about it. Have a great day, Jennifer Pelletier From: jenniferpelletier@comcastnet To: "Kyle Klatt" <kyle.klatt@lakeelmo.org> Cc: "Dean Zuleger" <DZuleger@lakeelmo.org> Sent: Wednesday, May 27, 2015 12:13:33 PM Subject: Fwd: Tonight's agenda item / wedding facility in RR Dear Planner Klatt and members of the Planning Commission, I'm writing to you regarding tonight's agenda item: the proposed code change in the RR zoning district to add wedding ceremonies. Initially, I had no questions or concerns. However, after thinking through this request (and realizing that we're dealing with a city wide code change), I do wish to express some thoughts for consideration. I am a previous planning commissioner myself, and live across the street. Comment/Concern: 1) The ingress and egress — 50th street. This road has no shoulder for pedestrian and/or bike traffic. There are many children in the area that use the road, and it has become not only busier due to through traffic heading to Hwy. 5 or CSAH 17, those who use the road frequently drive well over the 40MPR limit. In fact, there is a speed indicator sign out on the road as we speak. QUESTION for the commission: what would adding multiple wedding ceremonies add to this growing problem? Again, there is no shoulder on this road. 9 2) Regarding the overall change in the zoning code: I'm not opposed to this type of business. In fact, I think it's a wonderful use of space. However, my concern is that a wedding facility in one area of the zoning district RR could look very different in another area. I'm hoping that the Planning Commission does its due diligence and not only addresses all areas affected, but considers adjacent parcels that may be affected as well. 3) New development: the land immediately next to this parcel is slated for a new development. Where will this traffic flow? Consider this in addition to a wedding facility, on a road with no shoulder. This is another important question that I'd like the PZ to address. 4) Possible solutions: a) limited the maximum # of visitors (issue: how would the city monitor this?) b) discuss/limit the number of ceremonies allowed per day c) discuss a time of day with which all visitors need to off the premises (i.e.: nothing past 6pm, etc) To be clear, it is not my intent to come across as though I am against the project. However, as a previous planning commissioner, these are important questions/concerns that I think deserve to be addressed. This could have a significant impact on current adjacent parcels, and the future development that will be coming in right next door. Sincerely, Jennifer Pelletier 4884 Lily Ave. North 10 Nick Johnson From: Danielle Hecker <dnhecker@gmai|.conn` Sent Monday, July ll20I51:49PM To: Kyle 0att;Nick Johnson Subject: Fwd: 50th Street Wedding Venue Follow WpFlag� Follow up Flag Status: Flagged Thank you Kyle ... Nick just CC'ing you on one that I received too (along with the council members). ---------- Forwarded message --'--- Fnom:Jim Hansen <h,wood86@gmaiicom<maiko:h.wood86Qpgmaiicom> > Date: Mon, Jun J9,101Satl0:37PM Subject: 50thStreet Wedding Venue To:mpearson@p|akee|noo.org <mai|to.mpeuoon@|akee|mourg>'jb|oyer@|akee|mo.org^mai|tojb|oye/@p|akeel moorQ> ,jf|if|et@p|akee|mo.orR<mai|tojf|if|et@|okee|mo'orO>'j|undgrenKp|akpe|moo/Q<maUtoj|undg,en@|pkee|mo.or8>, ann*jsmith@msnzom<mai|to:pnnejsmith@msnzom> Cc: dnhecker@gmaiicmm<mai|tmdnhecker@gmaiicom> I am writing to the council in regard to the issue of a Wedding Venue on 50th Street North that was discussed at the 6-2- 15 council meeting. I live at 11260 50th Street North, which has a spectacular view of the proposed wedding venue, as evidenced bythis photo from myhome: | concur with the Mayor that issues like this tend tobring out the passionate opposition rather than supporters. |nfact, the notification that | had received about this proposal really only asked for concerns to be voiced. Having no concerns, | did not respond. However, after hearing claims that "everyone with surrounding property isoppnsed",|felt compelled to respond. I believe that the wedding venue can be something that actually helps preserve the rural nature of the street — seeing the old barn(s) preserved and restored —as opposed tothe "open space" developments that have popped up since we moved in 25 years ago. I (fondly?) recall spending many mornings and evenings in the old barn helping Martin milk the com/safterhebecametooshort to reach the milk lines. I would hate to see this building removed or run down for lack of purpose. |nfact, seeing the numerous improvements that have already been made tothe property over the past few years has been very encouraging. During the council discussions | heard numerous concerns about the increased traffic that would be on SOth Street. While this venue may add periodic increases before and after a ceremony, it is negligible compared to the increase that the housing developments (and the inevitable future developments), which feed onto 50th Street, have had (and will have). | would also like to remind (or inform) the council that 50thStreet North is a "State Aid" street. This means that it had tobedesignated and designed according tothe "state'aid"criteria in8820,O7O8Subpart 3: 8QZO.O70OSELECTION CRITERIA Subpart l. Basis. - Astate aid route must be selected on the basis of all criteria in either subpart 2 o/3. Subp. 2. County state -aid hiUhway. A coun1ystate'oid highway may be selected if it: A, is projected to carry a relatively heavier traffic volume or is functionally classified as collector or arterial as identified oothe cnunt\/sfunctional classification plan; B. connects towns, communities, shipping points, and markets within a county or in adjacent counties; provides access to rural churches, schools, community meeting halls, industrial areas, state institutions, and recreational areas; or, serves asaprincipal rural mail route and school bus route; and C. provides anintegrated and coordinated highway system affording, within practical limits, astate'aid highway network consistent with projected traffic demands. Subp. 3. Municipal state -aid street, Amunicipal state -aid street may beselected if it: A. is projected to carry a relatively heavier traffic volume or is functionally classified as collector or arterial as identified onthe urban municipality's functional classification plan; B. connects the points ofmajor traffic interest, parks, parkways, orrecreational areas within an urban municipality; and C. provides an integrated street system affording, within practical limits, a state -aid street network consistent with projected traffic demands. The periodic traffic from weddings will certainly not create serious traffic issues in regard to the street's design capacity. Issues in regard to the intersection of 50th Street and Highway 5 are primarily due to the volume (and timing) of traffic on Hwy 5, not so much 50th St. This is an important issue to be addressed, but it is a separate issue and a distraction from the Wedding Venue discussion. Finally, a few commented about noise. I am unaware of wedding ceremonies that produce "noise"; beautiful music, yes! So, in short, I am very much in favor of this use for the property and urge passing of the tabled motion. Jim Hansen (:1.1\" OF E ELMO A YO & COUNCIL CO UNICATION DATE: September 1, 2015 REGULAR ITEM # 13 RESOLUTION 2015-069 AGENDA ITEM: Inwood 2°Cl Addition Residential Subdivision — Final Plat SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Clark Schroeder, InterimCity Administrator REVIEWED BY: Planning Commission Jack Griffin, City Engineer SUG ;ESTED...( NESS: Introduction or Item ..... ...... __Community Development Director Report/Presentation........... .......Conniuni1y Development Director Questions from Council to ..... ..... Mayor Facilitates Call for Motion ..... ..„, ..... ...... ..... Mayor City Council Discussion,_ ..... .... .... Mayor & City Council Action on Mayor _Facilitates POLICY RECCOMENDER: The Planning Commission is recommending that the City Council approve a final plat request from Hans Hagen Homes for the second addition of a planned unit development to be located east of Inwood Avenue and south of 10th Street within the City's I-94 corridor planning area. The final plat will include 21 single-family lots. The Planning Commission considered the final plat at its August 24, 2015 meeting and a summary of the Commission's report and recommendation is included below. FISCAL IMPACT: None — the lots to be platted with the 2nd Addition will be served by improvements presently under construction as part of the 1st Addition. No development agreement is needed with the developer because there are no additional improvements needed to serve the proposed lots. SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request from Hans Hagen Homes for approval of a final plat associated with the second phase of the InWood Planned Unit Development (PUD). The final plat consists of 21 single family lots -- page 1 -- City Council Meeting [Regular Agenda Item I3] September 1, 2015 that will re -subdivide a larger outlot (Outlot E) within the Inwood development. Because there are no public improvements that need to be installed with this subdivision, Staff will not be conducting a lengthy review of the plat or restating the conditions of approval attached to the first addition. All required improvements are being installed as part of the first addition, and any plat restrictions or modifications would have been addressed as part of the City's first addition review. The Planning Commission considered this matter at its August 24th meeting and recommended approval of the final plat as presented. The suggested inotioi to adopt the Planning Commission reconnnendation is as „fbIlows: "Move to adopt Resolution No. 2015-069 approving the final plat for Inwood 2" Addition" LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The Planning Commission considered the final plat at its August 25th meeting, and recommended approval of the request as presented. The Planning Commission adopted a motion to recoinmend approval of the final plat consistent with the findings as noted in the attached resolution. The motion passed unanimously (7 ayes and 0 nays). BACKGROUND INFORMATION (SWOT): Strengths The proposed plat is consistent with preliminary plat and creates new buildable lots from a larger outlot that was set aside for future replatting. Weaknesses • None Opportunities • The request for second addition is based on strong demand for the lots within the initial project phase. Threats • None RECOMMENDATION: The Planning Commission and Staff are recommending that the City Council approve the final plat for Inwood 2.nd Addition. The suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2014-069 approving the final plat for Inwood 2' Addition" ATTACHMENTS: 1. Resolution No. 2014-069 2. Planning Commission Staff Report — 8/24/15 3. Application Forms 4. Inwood 2nd Addition Final Plat -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-069 A RESOLUTION APPROVING A FINAL PLAT FOR INWOOD 2" ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Inwood 2"d Addition, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on November 24, 2014 to consider the Inwood Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council for the December 2, 2014 City Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its December 2, 2014 meeting and adopted Resolution No. 2014-094 approving the Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission met on August 24, 2015 to review the Final Plat for Inwood 2"d Addition consisting of 21 single-family detached residential lots; and WHEREAS, on August 24, 2015 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Inwood 2"d Addition; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Inwood 2" Addition at a meeting held on September 1, 2015; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That all the requirements of City Code Section 153.08 related to the Final Plat have been met by the Applicant. 2) That the proposed Final Plat for Inwood 2nd Addition consists of the creation of 21 single-family detached residential structures. 3) That the Inwood 2nd Addition Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on December 2, 2014. 4) That the Inwood 2nd Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 5) That the Inwood 2nd Addition Final Plat generally complies with the City's Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans. 6) That the Inwood 2nd Addition Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as previously approved as part of the Inwood PUD. 7) That the Inwood 2nd Addition Final Plat complies with the City's subdivision ordinance. CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Inwood 2" Addition. Passed and duly adopted this 1st day of September 2015 by the City Council of the City ofLake Elmo, Minnesota. ATTEST: Julie Johnson, City Clerk 2 Mike Pearson, Mayor Surrounding Land Use Comprehensive Plan: 'I I11. (AT 1"UF AKE ELMO ITEM: SUBMITTED BY: REVIEWED BY: PLANNING COMMISSION DATE: 8/24/15 AGENDAITEM: 5A —BUSINESS ITEM CASE # 2015-26 Inwood 2"d Addition Final Plat Kyle Klatt, Planning Director (VC/ Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: The Planning Corrunission is being asked to consider a request to approve a final plat for Inwood 2" Addition. The final plat does not include any specific development plans or separate PUD plans, and only re -subdivides a larger outlot that was platted with the first addition. All required streets and utilities necessary to serve the second addition were included in the first addition construction plans and covered under the development contract for lst Addition. The proposed final plat includes 21 single-family detached lots covering Outlot E of Inwood lst Addition. Staff is recommending approval of the request subject to compliance with the conditions listed in this report. GENERAL INFORMATION Applicant: Hans Hagen Homes (John Rask), 941 NE Hillwind Rd. Suite 300, Fridley, MN Properly Owners: Hans Hagen Homes (John Rask), 941 NE Hillwind Rd. Suite 300, Fridley, MN Location: Outlot E of Inwood. General location as pari of Section 33 in Lake Elmo, south of 10th Street (CSAH 10), north of Eagle Point Business Park, east of Inwood Avenue (CSAH 13) and west of Stonegate residential subdivision. Request: Application for final plat approval of a 21 unit residential subdivision to be named Inwood 2nd Addition, Existing Land Use and Zoning: Vacant land — outlet within Inwood Final Plat area. Current Zoning: LDR — Low Density Residential and Zoning: Completely surrounded by residential lots or outlots within Inwood. Adjacent to storm water pond and future single family residential lots. All surrounding land zoned LDR. Urban Low Density Residential (2.5 - 4 units per acre) Histog: The site has historically been used for agricultural purposes; there is no specific site information on file with the City (the property was subject to development speculation at various times in the past). The applicants have summited a mandatory Environmental Assessment Worksheet (EAW) for the development and the comment period for the EAW ended on October 29, 2014. The City Council adopted a resolution declaring no need for an EIS (Environmental Impact Statement) at its December 2, 2014 meeting. The City Council approved the general concept plan for BUSINESS ITEM 5B the development at its September 16, 2014 meeting and approved the preliminary development plans at its December 2, 2014 meeting. The Inwood Final Plat was approved on May 19, 2015. Deadline fin- Action: Applicable Regulations: Application Complete — 7/24/15 60 Day Deadline — 9/23/15 Extension Letter Mailed — No 120 Day Deadline — N/A Chapter 153 — Subdivision Regulations Article 10 — Urban Residential Districts (LDR) Article 16 — Planned Unit Development Regulations §150.270 Storm Water, Erosion, and Sediment Control REQUEST DETAILS The City of Lake Elmo has received a request from Hans Hagen Homes for approval of a final plat associated with the second phase of the InWood Planned Unit Development (PUD). The final plat consists of 21 single family lots that will re -subdivide a larger outlot (Outlot E) within the Inwood development. Because there are no public improvements that need to be installed with this subdivision, Staff will not be conducting a lengthy review of the plat or restating the conditions of approval attached to the first addition. All required improvements are being installed as part of the first addition, and any plat restrictions or modifications would have been addressed as part of the City's first addition review. Staff will provide a copy of the first addition Staff report for any members of the Planning Commission that would like to review the earlier final plat approval. All lots match the approved development plans for the PUD, and include all previous easements as requested by the City Engineer. The City's subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City's approval of the Inwood Preliminary Plat and Plans did include a series of conditions that must be met by the applicant, and these conditions were reviewed as part of the City's Addition review. Staff does not see any conditions or restrictions from this review that will apply to the proposed subdivision other than a few of the general conditions previously adopted by the City. Staff has reviewed the final plat and found that it is consistent with the preliminary plat that was approved by the City. The developer will need to follow all approved development and construction plans for this area. REVIEW AND ANALYSIS The preliminary plat and plans for InWood were approved with several conditions, which were addressed as part of the first addition final plat review. Any conditions that would still apply to the second addition are included as part of the Staff recommendation below. Since most of these conditions were applicable to Outlot E (the lot being replatted with second addition) or generally to BUSINESS ITEM 5A the first addition, they were either addressed prior to the start of construction or will apply to future building permit reviews and approvals. Based on the above Staff report and analysis, Staff is recommending approval of the final plat for Inwood 2" Addition with any conditions from the resolution of approval for the first addition final plat that are still relevant for the proposed subdivision. The recommended conditions are as follows: Recommended Conditions of Approval: 1) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials, 2) A Common Interest Agreement concerning management of the common areas of InWood and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building perrnit may be issued for any structure within this subdivision. The applicant shall also 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. 3) The final plat and final development plans shall include provisions satisfactoiy to the City that no structure be located within 15 feet of any storm water improvement (include pipes and catch basins). 4) Retaining walls within rear yard utility easements shall be clearly documented and shall be owned and maintained by the InWood homeowners' association. All costs associated with protection, replacement, or maintenance of retaining walls due to any work in easements by the City shall be the full responsibility of the ROA. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Inwood 2" Addition Final Plat: • That all the requirements of City Code Section 153.08 related to the Final Plat have been met by the Applicant. That the proposed Final Plat for Inwood 2" Addition consists of the creation of 21 single- family detached residential structures. That the Inwood 2" Addition Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on December 2, 2014. • That the Inwood 2Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. BUSINESS ITEM 5A 4 That the Inwood 2nd Addition Final Plat generally complies with the City's Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans. That the Inwood rd Addition Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as previously approved as part of the Inwood PUD. That the Inwood 2Addition Final Plat complies with the City's subdivision ordinance. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Inwood 2ild Addition Final Plat with the 4 conditions of approval as listed in the Staff report. Suggested motion: "Move to recommend approval of the Inwood 2"e Addition Final Plat with the 4 conditions approval as drafted by Staff based on the .findings offact listed in the Staff Report " ATTACHMENTS: I. Application Forms 2. Inwood 2nd Addition Final Plat SUGGESTED ORDER OF BUSINESS: Introduction ,,,,, ............. ..... Planning Staff Report by Staff . Planning Staff Questions from the Commission ..........,.,„ ..... Chair & Commission Members Public Comments Chair Discussion by the Commission Chair & Con-unission Members Action by the Commission ...............,...... ............ ...Chair & Commission Members BUSINESS ITEM 5A Fee Owner: Address: Phone #: Email Address; Date Received: Received By: LU File #: FINAL PLAT APPLICATION Applicant: Address: 9 (-4 3oo mAi5—c-71y Phone #: —7 (--P 5 -- '(--- 7,942 Email Address: PN-.7 ole 7-1 S—C:Licrt .S Ili CITY ( )1; LAKE ELMO 651-747-3900 3800 Laverne Avenue Nixth Lake Brro, MN 55042 Property Location (Address and Complete (long) Legal Description: CU -.--71_1-‘ Ls' L A- f?--fe . rr1 General information of proposed subdivision: _ In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received fpthe City pertaining to additional application expense. Signature of applicant: Fee Owner Signature Date: Date: Revised 3;12/20'14 11:35 AM TI IV. CITY (JF LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 Lawme Avenue Nbrth Lake Elmo, MN 55042 AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. 14-6-0 s Name of applicant (Please Print) Street address/legal description of subject property O'-! t 4 a If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revised 3/13/2014 9:12 AM (11' LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 blame Avenue North Lake Elmo, MN 55042 ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadlines for submission of material and of the progress of this application. I understand that this application may be reviewed by City staff and consultants. I further understand that additional information, including, but not limited to, traffic analysis and expert testimony may be required for review of this application. I agree to pay to the City upon demand, expenses, determined by the City, that the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to be determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses and other consultant expenses. I agree to allow access by City personnel to the property for purposes of review of my application. Signature of applicant Date Name of applican 74,iiLs, (Please Print)(,)0 ) Name and address of Contact (if other than applicant) Revised 3/1312014 9:11 AM 000 I :4400, 0:0.:004 C400: a;000:: hac .0.04 0a 000 0 0 45.444, 44 .4 4, WV., 444 00 000 4.0400 0. 04- 40 40,0. .„.4;a4.00,7,7,0 1:01 00 4,0 arm 0a. a 4,004 00002.44 +:0 :000 :00 004.43 0 0 4:0. 4.4 :a 1:00^, 000 10,00 diEktEE. dvd, 4E1, VEl 00000 507 0 4,404500 ,777, tra!! t77770 so, 172 Mat tt EXEE, 47 77,.. ;04 „„, 4„;, , , a000: 'aa "' aTr'al.f4ara.: aLr1:00 0 :00 a'a...-^2..„ .0404:00 ft:WA 0t: 04i na..4 :00 0 000.;: 000 art r n , 0: 010 Ea 1107,4 7 VS 6t, 004 0 044 0 a: 0a , az: ; c cc 00 401,00-0,0 +0, va 400. EEE 00,a 0 0a. PM; 770, 77.0 4777, 070.70 , 0:4477:71 Es.00 00a. ;00: MAW:, MAWS,. APEE,E , ,01040.4 of , Cala 0 00 040 4,00-0a, 40a PET E, ,:,..;a0,404 0, a4 taa, 3,0,50A 6' 00077 00 40 ratar 4000,00 Pa :0,04 ,d1 dfi o7,7703 3 4 c040.0 f7, ax0 0044; a: 440 4,no. 00000 :004 00-0:00 aaa ' 0.40,0;00 mal fsia r 44000 fa:..04 a.)74 +a 400000 atyramaata Sta001. 0:1:0,0 40 004 0 0. ver aas Matra ,04, 0 4;000 5.77, 5.777 . iveto. ,7,76 0. ;77 17_ 7 7. rv. 77,1,140 177 177t 77, aata 4.400: Ire 104000 at4faa, ,777 ,777 77, v7, 4,,,at taxa 04 trarah; ccc 00 .4 aas .arr 40 0 '00; 000,0000 01100 14.4401, 4,000: 407, .04,E10 00, :0000 :000 :21747„7,:,4,7 , .' 1 ,I , 'Z' p ,, , . 16f!!f_ 17 i• , F t; 56 NORTH %%"-- 34 7 4 7 ) 6 r: ':!it, p, 3 BLOICK ' 2' P' 2 EASEMENT DETAIL JI,00 0,0003 57.77 7,7 0 .0001 „47 r UICIIIITY MAP NOT L,E-C,,e/: 334 ".04:01a,la ,Kcr... .a7., sems,_ INC. Professional Land Surveyors '1'1 IF CITY K''FL\0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COU C CO UNICATION DATE: September 1, 2015 REGULAR ITEM # 14 RESOLUTION 2015-070 Savona 3td Addition Residential Subdivision — Final Plat Kyle Klatt, Community Development Director Clark Schroeder, Interim City Administrator Planning Commission Jack Griffin, City Engineer SUG,()ESI'E.D (!ltI)EROF BUSINESS: Introduction of Item Development r)ireetor Report/Presentation. _ _ ..... „(ommunity I)evelopnient Director Questions from Council to Staff ........ .... ....„... Mayor Facilitates ('all for Motion ...... ........ .......... Mayor & City Council Discussion ..... ..... Mayor & City ("ouncil Action on 'Motion....... ...... ....... ........ Mayor .Facilitates POLICY RECCOMENDER: The Planning Commission is recommending that the City Council approve a final plat request from Lennar Corporation for the third phase of a planned 310 unit residential development to be located on 112.6 acres west of Keats Avenue and within the City's 1-94 condor planning area. The final plat will include 21 single-family lots and 99 single-family attached units (townhouses) all of which will be accessed via 5th Street. The Planning Commission considered the final plat at its August 24, 2015 meeting and a summary of the Commission's report and recommendation is included below. FISCAL IMPACT: TBD — the City will be asked to review a developer's agreement concerning the final plat at its September I, 2015 meeting. The subdivision is included in the Section 34 utility project area, and therefore the developer has been assessed for the costs of the project to bring sewer and water to the site. SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request from Lennar Corporation for approval of a final plat for the third phase of the Savona -- page City Council Meeting [Regular Agenda Item 14.1 September 1, 2015 residential development. The final plat includes 21 single-family residential lots, 99 single- family attached townhouse units, and the related construction plans for the improvements necessary to serve these homes. The City Council approved the Savona Preliminary Plat on August 6, 2013, which covered approximately 113 acres of land within the 1-94 Corridor planning area. There are 310 single family and multi -family residential units planned within the entire subdivision, and the final plat covers only a portion of the overall total of units that will eventually be platted. The Planning Commission considered this matter at its August 24th meeting and recommended approval of the final plat as presented and subject to conditions of approval. The suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2015-070 approving the final plat for Savona 3"i Addition" LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The Planning Commission considered the final plat at its August 251h meeting, and recommended approval of the request with modifications to the conditions of approval as drafted by Staff. In particular, the Commission: • Added safety fencing to the list of improvements in Condition #8. • Included a condition that requires the Parks Commission to review the proposed private park improvements within the townhouse area. • Added a condition that all special assessments for the property to be subdivided with third addition be paid off with the final plat. • Added a condition that the City's landscape architecture consultant review the area around the retaining wall in the southeast portion of the site. In order to provide the City Council with a complete description of the information considered by the Planning Commission, Staff has attached the detailed report that was submitted to the Commission in advance of its meeting. These reports include detailed information concerning the final plat in addition to the staff review and analysis of the request. Since the Planning Commission meeting, the developer has submitted an updated landscape plan for all portions of Savona, including the third addition, to incorporate the final landscaping details for 5th Street as recently approved by the City Council. The updated plan is included as part of the Council Packet. The Planning Commission adopted a motion to recommend approval of the final plat consistent with the findings as noted in the attached resolution and including all conditions of approval as listed in the resolution. The motion passed unanimously (7 ayes and 0 nays). BACKGROUND INFORMATION (SWOT): -- page 2 -- City Council Meeting [Regular Agenda Item 14/ September 1, 2015 Strengths Weaknesses Opportunities Threats The proposed plat is consistent with preliminary plat subject to the conditions being recorrunended by Staff and the Planning Commission. Several conditions of approval must be met by the applicant, including revisions to the final construction plans to address comments from the City Engineer. Building activity within Savona is progressing at a very steady pace; platting of the third addition will help Lennar keep up with the demand. None RECOMMENDATION: The Planning Commission and Staff are recommending that thc City Council approve the final plat for Savona 3rd Addition with 13 conditions of approval. The suggested motion to adopt the Planning Commission recommendation is as -follows: "Move to adopt Resolution No. 201 070 approving the.final plat for Savona .rd Addition" ATTACHMENTS; Resolution No. 2014070 2. Planning Commission Staff Report — 8/24/15 3. Application Forms 4. City Engineer Review Letter 5. Valley Branch Watershed District Review 6. Permanent Public Street Easement Agreement 7. Savona 3rd Addition Final Plat 8. Construction Plans: Grading, Drainage, and Erosion Control 9. Construction Plans: Sanitary Sewer, Water Main, Storm Sewer and Streets 10. Savona 3rd Addition Landscape Plans (Updated Since Planning Commission Meeting -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-070 A RESOLUTION APPROVING A FINAL PLAT FOR SA VONA 3RD 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 36`11 Avenue North, Suite 600, Plymouth, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Savona 3'd Addition, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 22, 2013 to consider the Savona Preliminary Plat and continued discussion on the Preliminary Plat until its July 29, 2013 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council for the August 6, 2013 City Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its August 6, 2013 meeting and adopted Resolution No. 2013-064 approving the Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission met on August 24, 2015 to review the Final Plat for Savona 3rd Addition consisting of 21 single-family detached residential lots and 99 single-family attached residential units; and WHEREAS, on August 24, 2015 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Savona ri Addition with conditions; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Savona 31-d Addition at a meeting held on September 1, 2015; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City Code, Section 153.08. ) That all the requirements of said City Code Section 153.07 related to the Final Plat have been met by the Applicant. 3) That the proposed Final Plat for Savona 3"I Addition consists of the creation of 21 single- family detached residential lots and 99 single-family attached residential units. 4) That the Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on August 8, 2013 and revised on November 25, 2013. 5) That the Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 6) That the Final Plat complies with the City's Urban Low Density Residential and Medium Density Residential zoning districts. 7) That the Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachments thereof. 8) That the Final Plat complies with the City's subdivision ordinance. 9) That the Final Plat is consistent with the City's engineering standards with the plan revisions as requested by the City Engineer. 10) That the Permanent Public Street Easement Agreement as filed and recorded with Washington County sufficiently addresses previous conditions of approval for Savona that required the platting of 5th Street to coincide with future project phases. CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Savona rlAddition subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in review memo dated 8/20/15 shall be incorporated into these documents before they are approved. 2 2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. These improvements shall include the play equipment located in the private park area north of Block 11. 3) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. 4) A Common Interest Agreement concerning management of the common areas of Savona and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. The applicant must create a separate agreement for the single-family attached lots. Said agreements shall comply with Minnesota Statues 515B- 103, and specifically the provisions concerning the transfer of control to the future property owners. The applicant shall also 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. 5) The final landscape plan shall be updated to address the review comments from the City's landscape architecture consultant and shall incorporate all design elements as specified in the City's 5th Street Standard Details and Design Book. 6) The developer shall provide signed easement documents to verify that the proposed grading activity on property presently owned by MFC Properties, Walter Ebertz, and DPS-Lake Elmo, LLC will be allowed, 7) All multi -purpose trails that are depicted on the approved preliminary development plans shall be constructed as part of any subsequent final plat within Savona. 8) The proposed retaining wall east of Block 13 must be designed by a professional engineer registered in the state of Minnesota and must comply with all applicable building codes and any other authorities with jurisdiction for the wall, safety fencing, and proposed grading adjacent to the wall. 9) The final plat must be updated to document the recorded access and roadway easement over the future extension of 5th Street adjacent to the Savona subdivision, I 0) The developer is encouraged to incorporate elements from the Lake Elmo Theming Study into the final design of the community mailboxes within Savona 3rd Addition. 11) Staff and the Park Commission will review and approve plans for the equipment to be located in the private townhouse park area and these improvements shall be installed at the time Block 11 of the townhouse area is constructed. 12) The City's landscape architect shall review the plans for the retaining wall and pond within the Southeast portion of the townhouse area and shall make recommendations for landscaping that will soften the views and/or screen the wall from Keats Avenue. 13) All special assessments for the property to be subdivided with Savona 3nt Addition shall be paid in full with the final plat. Passed and duly adopted this lst day of September 2015 by the City Council of the City of Lake Elrno, Minnesota. ATTEST: Julie Johnson, City Clerk 4 Mike Pearson, Mayor I I IF. (1 I ( )1 AKE ELN 0 ITEM: SUBMITTED BY: REVIEWED BY: PLANNING COMMISSION DATE: 8/24/15 AGENDA ITEM: 5B — BUSINESS 1TEM CASE # 2015-28 Savona 3" Addition Residential Subdivision — Final Plat Kyle Klatt, Planning Director tjc- Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Final Plat request from Lennar Corporation for the third phase of a planned 310 unit residential development to be located on 112.6 acres west of Keats Avenue and within Stage 1 of the City's 1-94 Corridor Planning Area. The final plat will include 21 single-family lots and 99 single-family attached units, all of which will be accessed via the 5" Street Parkway off of Keats Avenue. The City has previous granted approval of a Conditional Use Permit to allow the single-family attached units that are accessed via a series of private roads. Staff is recommending approval of the request subject to compliance with a series of conditions as listed in this report. GENERAL INFORMATION Applicant: U.S. Horne Corporation, D/B/A Lennar, 16305 36111 Avenue North, Suite 600, Plymouth, MN Property Owners: U.S. Home Corporation. D/B/A Lennar, 16305 36" Avenue North, Suite 600, Plymouth, MN Location: Outlots C and F of Savona 2.'d Addition, north of1-94, west of Keats Avenue, and south of the Hammes West development site and Goose Lake, PID Numbers 34.029.21,42.0073 and 34.029.21.41.0055. Request: Application for final plat approval of a 120-unit residential subdivision to be named Savona 3Addition, which is comprised of 99 single-family attached units and 21 single family detached lots. Existing Lund Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Phil': Agricultural land, land that has been mass graded for residential development. Current Zoning: LDR and MDR North — active mining and gravel operation that has been reclaimed for a future residential subdivision; west and south — agricultural land; east — Savona and 2,`" Additions, Urban Low Density Residential (2.5 — 3.99 units per acre) and Urban Medium Density Residential (4 — 7 units per are) BUSINESS ITEM 5B 2 Hist(»y: Sketch Plan review by Planning Commission on 12/10/12. EAW approved by the City Council on 7/2/13, Preliminaiy Plat approved on 8/6/13. Final Plat for first addition approved on 2/18/14. Final Plat for second addition approved on 9/16/14. Dewlliile%for Artiol Applicable Regulations: Application Complete — 8/12/15 60 Day Deadline — 10/11/15 Extension Letter Mailed — No 120 Day Deadline — N/A Chapter 153 — Subdivision Regulations Article 10 — Urban Residential Districts (LDR) §150.270 Storm Water, Erosion, and Sediment Control REQUEST DETAILS The City of Lake Elmo has received a request from Lennar Corporation for final plat approval of the third phase of the Savona residential development (Savona 3rd Addition), The final plat includes 21 single family residential lots, 99 single family attached units (townhouses), and the infrastructure necessary to support the future homes on these lots. The City Council approved the Savona Preliminary Plat on August 6, 2013, which covered 113 acres of land within the 1-94 Corridor planning area. There are 310 single family and multi -family residential units planned within the entire subdivision, and the final plat covers portion of the overall total of units that will eventually be platted. Lennar has finalized its purchase of the land included in the final plat area, and is acting as the sole applicant for this request. With the third addition, the total number of homes that will have been platted within the Savona development is 233 residential units, which includes 112 single family lots and 121 single-family attached lots. Upon approval of the final plat, there will be 77 single family lots remaining in the subdivision to be platted. The majority of the third addition comprises the remaining build -out of the townhouse area south of 5'h Street. The initial 22 townhouses were platted with the second addition, along with the initial leg of 5lh Street Lane North that will provide a public road connection to all of the private townhouse access streets. Because of revisions to the storm water plan that have previously been required by the watershed district, there have been some changes to the ponding and infiltration system within the preliminary plat area. The most significant of these changes resulted in an expansion of the storm water pond in the southeast corner of the townhouse area (Outlot J of 2"d Addition). In order to accommodate a larger pond in this area, some of the townhouse lots around the pond were reconfigured to provide the needed room for the pond. The location of the public road through this area remains unchanged, and the reconfiguration resulted in one less townhouse unit than was approved at the preliminary plat stage. Staff has deemed that the overall changes are consistent with the preliminary plat as approved. The applicant has submitted detailed construction plans for related to sanitary sewer, water main, storm sewer, grading, drainage, erosion control, landscaping, and other details that have been reviewed by the City Engineer. The grading plans cover the remaining portions of Savona that have not yet been developed, and the applicant has entered into a grading agreement with the City to start this work prior to final plat approval. All of the other construction and development plans are specific to the third addition lots. Please note that the applicant's grading plans require grading work to occur on adjacent property, but the approved plans only authorize work on the Lennar site. The BUSINESS ITEM 5B applicant has indicated that they will be securing temporary grading easements from any affected neighboring parcels, and the City's approval of this work will need to be contingent upon the securing of these easements. One of the issues that had been a significant part of the discussions between the developer and the City concerning Savona is the construction and platting of 5'1' Street through the subdivision area. The City has maintained a position that 5th Street is an integral component of development within the 1-94 corridor, and that private developers will need to build this road as part of their subdivisions. The first leg of .5th Street west of Keats Avenue is being constructed as part of the first addition plans, while another further extension is under construction as part of the second addition (up to Junco Road North). The City further adopted a condition of approval in response to a request by Lennar to change the preliminary plat requirements for secondary access that required Lennar to plat and build 5th Street to the furthest extent west that any lot is platted. The proposed development plans for third addition have therefore been updated to depict plans for 5'1' Street that will extend to the western boundary of the third addition. The developer has secured an easement for public access and maintenance for all future portions of 5th Street through Savona, and Staff has found that this easement meets the spirit and intent of the City's previous conditions related to the construction of 5'11 Street. The road will need to be platted once the Dale property to the south of Savona is developed. The City's subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City's approval of the Savona Preliminary Plat did include a series of conditions that must be met by the applicant, which are addressed in the "Review and Analysis'. section below. There are no public hearing requirements for a final plat. The City's zoning map for all of the area included in the preliminary plat for Savona has been updated to be consistent with the City's Comprehensive Plan. The portions of the plat that are planned for single family detached housing are zoned LDR — Low Density Residential, while the proposed townhouses are located within a MDR — Medium Density Residential Zoning District. As noted in the City's preliminary plat review, the single family and townhouse lots fall within the density ranges allowed in the Comprehensive Plan. Please note that as part of the MDR zoning district requirernents, townhouses that do not have frontage on a public street may only be allowed with a Conditional Use Permit (CUP). The townhouses shown in the attached plat will have access to a private road which then connects to a proposed public road that will loop through the portion of the site south of 511' Street. The City has previously approved a Conditional Use Permit that allows the use of a private road to serve the individual townhouse lots in Savona. In order to provide further clarity concerning the future phases of the townhouse area, the applicant has previously prepared updated plans for the overall townhouse area as part of the second addition submittal. These plans were found to not substantially alter the preliminary plat for the townhouses, and the 3Addition plans are consistent with this submission. Staff has reviewed the final plat and found that it is consistent with the preliminary plat that was approved by the City. The developer has previously updated the preliminary plan submissions to comply with the conditions of approval, and the final plat application incorporates these updates as well. Please note that the final plat now includes proposed street names as recommended by the Planning Department. The City Engineer has reviewed the final plat, and his comments are attached to this report. Although there are some additional revisions to the final construction plans that will need to be addressed by the applicant, the majority of these revisions can be made before the City releases the BUSINESS ITEM 5B