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HomeMy WebLinkAbout09-01-15 City Council packet items 15 - 21 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: 9/1/15 REGULAR ITEM # 15 RESOULTION 2015-071 AGENDA ITEM: Savona 3rd Addition Developer’s Agreement SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Dave Synder, City Attorney Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .....................................Community Development Director - Report/Presentation………………………...Community Development Director - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff is recommending that the City Council approve a developer’s agreement associated with the 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, watermains 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 REQUESTED: 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 City Council Meeting [Regular Agenda Item 15] September 1, 2015 -- page 2 -- 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 3rd 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 3rd 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): City Council Meeting [Regular Agenda Item 15] September 1, 2015 -- page 3 -- 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: “Move 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 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 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 1 (reserved for recording information) DEVELOPMENT CONTRACT (Public sewer and water) Savona 3rd Addition AGREEMENT dated , 2015, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation (“City”), and U.S. Home Corporation, d/b/a Lennar (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Savona 3rd Addition (referred to in this Contract as the "plat"). The land is situated in the County of Washington, State of Minnesota, and legally described in Exhibit “A”. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both 2 parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat and required homeowner’s association documents have been recorded with the Washington County Recorder's Office, and 4) the City’s Community Development Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that the Developer may proceed. 4. PHASED DEVELOPMENT. This plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks unless previously paid as part of an earlier development phase. 5. PRELIMINARY PLAT STATUS. The plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the residential use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer’s sole expense. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: 3 Plan A – Final Plat Plan B – Final Grading, Drainage, and Erosion Control Plans Plan C – Final Sanitary Sewer, Water Main, Storm Sewer, and Street Plans Plan D – Final Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping and Street Trees K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the City’s Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer 4 and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 36. Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all engineering administration and construction observation performed during the construction of the plat. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in its full amount. City engineering administration will include monitoring of construction progress and construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall include, at the discretion of the city, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis. 5 The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development. Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: A. Right-of-Way Excavations and Obstructions: • City of Lake Elmo, Right-of-Way Utility Installation(s) • City of Lake Elmo, Right-of-Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County, Street or Driveway Access(s) • Minnesota Department of Transportation, Utility Installation • Minnesota Department of Transportation, Right-of-Way Permit B. Watermain Extensions: • Minnesota Department of Health C. Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. Stormwater Management: • Valley Branch, Brown’s Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit • SWPPP (Stormwater Pollution Prevention Plan) 6 F. Wetland Mitigation: • Board of Water and Soil Resources, WCA G. Construction Dewatering: • Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2016, with the exception of the final wear course of asphalt on streets. The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via 5th Street. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and/or their representatives are required to supervise and coordinate all construction activities for all improvements and must notify the City in writing stating 7 when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16, 17, and 18. For the purpose of this paragraph, Electronic message (email) shall be deemed an acceptable method of notification provided it is captioned “Notice pursuant to Development Agreement”. 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the plat, with all watershed district permits and with Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, the developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action as allowed by this agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City’s building permit requirements, or as required by the City or City Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as-constructed grading plan. 8 Within thirty (30) days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that all trails, ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. The City will not issue any building permits until the approved certified record grading plan is on file with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "D". The plan shall conform to the City’s Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, the boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course may be installed in accordance with paragraph 12. above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets 9 within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developer’s operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City’s Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer has previously submitted a payment for park dedication requirements for all the areas to be platted within the Savona Preliminary Plat and paid said fee as part of the Savona Development Contract. No additional fees in lieu of land dedication are required for the plat. 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) 10 and all water availability charges (WAC) with respect to the Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $360,000 (120 single family lots). The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $360,000 (120 single family lots). In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met Council sewer availability charge in the current amount of $2,435.00 per REU, and a water connection charge in the current amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. These amounts are charged at the time of building permit in accordance with the latest City fee schedule. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements, and the installation costs shall be included in the street construction calculations. 24. STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street lighting plan approved by the City. The Developer shall coordinate the installation of street lights with Xcel Energy in conjunction with the other improvements, and agrees to pay Xcel Energy for all upfront costs associated with the street lighting system, including underground cables, posts, lamps, ballasts, starters, photocells, and glassware. All street lights will be leased by the City upon final acceptance of the system. The Developer shall also pay $987 in payment for the first year operating costs for street lights. 11 25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If the mitigation work is found to be incomplete or restoration is unsuccessful the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used by the City to perform the work. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except two model homes on lots acceptable to the Community Development Director. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. The monument design shall be approved by the Community Development Department. C. Written certification of the as-constructed grading must be on file at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and/or withholding of other permits, inspection or actions, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. G. The City will not issue a certificate of occupancy for any building constructed on any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public 12 sewer and water, curbing, and one lift of asphalt is installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must be on file at the City for the block where the building is to be located. 27. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine payment of attorneys' fees pursuant to this Contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording. C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneys' fees. 13 E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 28. CITY PAYMENTS. In the event City payments are required by Section 28.A below, 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 in the attachment to this Contract as Exhibit B. The actual amount of the 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 as required in Section 19. This payment by the City shall be the City’s only responsibility with regard to construction of the Improvements and in no case shall act as a waiver of any other right of the City under this Contract or under applicable laws, 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. Implementation of the recommendations listed in the August 20, 2015 Engineering memorandum. B. Upon execution of the final plat, the Developer shall convey Outlots A, B and C to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer shall install a temporary turnaround on any streets that will be extended into adjacent developments in the future as directed by the City Engineer. D. The Developer shall enter into a maintenance agreement with the City that clarifies 14 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. E. A building permit may not be granted for more than half of the residential units depicted on the Savona preliminary plat (155) 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 north of Savona. F. The developer shall provide signed easement documents to verify that the proposed grading activity on property presently owned by MFC Properties, Walter Ebertrz, and DPS Lake Elmo, LLC will be allowed. 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 or more lots, the entire plat, or any part of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by the City Attorney, shall be filed with the final plat. No third- party beneficiary status is hereby conferred. All outlots and common areas, including Outlots D, E, F, G, H, I, J, K, L, M, and N shall be maintained in good order and repair by a homeowner’s association, and, if it does not do so, then the City may perform the work and assess the costs against the individual lots within the plat of Savona 2nd Addition and 15 without regard to the formalities or requirements of Minn. Stat. § 429. D. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to 16 City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. 32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this 17 Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City may undertake to do the work and assess the costs to the individual lots within the plat without regard to the formalities or requirements of Minn. Stat. § 429.. 33. ENFORCEMENT BY CITY; DAMAGES. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either a letter of credit 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. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two growing seasons following installation. D. The required warranty for landscaping within storm water infiltration areas (Outlot C) 18 shall be three (3) years following installation. The developer shall also enter into a maintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping for within these storm water infiltration areas. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination of weeds and invasive species. 35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $3,238,764. The amount of the security was calculated as follows: CONSTRUCTION COSTS: COST (125%) 1) Grading Covered in separate grading agreement 2) Sanitary Sewer $ 345,301 $ 431,626 3) Watermain $ 503,113 $ 628,891 4) Streets $ 1,168,007 $ 1,460,008 5) Surface Water Facilities (pipe, ponds, rain gardens, etc.) $ 333,140 $ 416,425 6) Erosion Control $133,732 $167,165 7) Sidewalks/Trails Included with streets 8) Street Lighting Xcel to Install, to be pre-paid directly by developer 9) Street Signs and Traffic Control Signs Included with streets 10) Landscaping $95,218 $119,023 11) Tree Preservation and Restoration N/A N/A 12) Wetland Mitigation and Buffers Separate letter of credit through Watershed District 13) Monuments $6,000 $7,500 14) Miscellaneous Facilities N/A N/A 19 15) Developer’s Record Drawings $6,500 $8,125 Construction Sub-Total $ 2,591,011 Total Project Securities (at 125% Construction Costs) $ 3,238,764 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. 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 operations, including temporary site restoration, Developer shall submit an as-built grading survey to the City. Upon inspection of the site and approval of the as-built survey by the City, 100%, or $127,000 of the grading security (associated with the separate grading agreement for Savana 3rd Addition) shall be released. B. Up to 75% of the remaining security provided in accordance with paragraph 33 may be released at the following stages of construction and project approvals by the City. a. Construction Categories 2 and 3: The amount of $795,387 may be released when all sanitary sewer and watermain utilities have been installed, all testing has been successfully completed, utility record drawings have been verified, and the utilities are considered ready for use by the City Engineer. b. Construction Categories 4-7: The amount of $1,532,699 may be released when all streets, sidewalks, trails, storm sewer, and storm water facilities have been installed and 20 tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list items, but not including the final wear course. c. Construction Categories 8-15: The amount of $ 100,986 may 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 items, but not including the final wear course. C. The final portion of the remaining security amounts in paragraph 33 above (25%) shall be retained as security until: (1) all improvements have been completed, including bituminous wear course, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received and approved by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $360,000 Water Availability Charge (WAC) $360,000 Park Dedication N/A Street Light Operating Fee $987 City Base Map Upgrading $3,000 City Engineering Administration Escrow $50,000 (Based on two months of administration/observation) Special Assessment Payoff (120 lots @ $ 3,464.55) $415,746 Total Cash Requirements $1,189,733 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the 21 following address: 16305 36th Ave N, Suite 600. Plymouth, MN 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership of the property being platted by way of an attorney’s title opinion or title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. CITY OF LAKE ELMO (SEAL) BY: , Mayor AND , City Clerk DEVELOPER: BY: Its 22 STATE OF MINNESOTA ) ( ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2 , by and by , the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ______ day of , 2____________, by the of . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 23 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 , by . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 24 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of _, 2 , by . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 25 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Savona 3rd Addition Outlots C, D and F, Savona 2nd Addition, according to the recorded plat thereof, Washington County, Minnesota 26 EXHIBIT “B” TO DEVELOPMENT CONTRACT City Oversizing Payment Calculation ______________________________ 27 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Lake Elmo Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $_ , available to you by your draft drawn on sight on the undersigned bank at its offices in Minnesota. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 , of (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_ _. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: 9/1/15 REGULAR ITEM # 16 RESOLUTION 2015-072 AGENDA ITEM: Northeast Metro Intermediate School District 916 Preliminary and Final Plat and PUD Development Plans SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Planning Commission Ben Gozola, Consulting City Planner Jack Griffin, City Engineer SUGGESTED ORDER OF BUSINESS: - Introduction of Item ...................................................... Consulting City Planner - Report/Presentation ....................................................... Consulting City Planner - 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 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 REQUESTED: The City Council is being asked to consider a request from Northeast Metro Intermediate School District 916, 2450 County Road Road F East, City Council Meeting [Agenda Item 16] September 1, 2015 -- page 2 -- 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 24th 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, City Council Meeting [Agenda Item 16] September 1, 2015 -- page 3 -- 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 and preliminary 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 11. Services Agreement 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 existing 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 8th Addition and the preliminary and final PUD plan for the school facility with conditions; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Eagle Point Business Park 8th 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 8th Addition 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 8th 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 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 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 1st day of September, 2015, by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk ISD 916 SITE IDENTIFICATION MAP Location within the City of Lake Elmo E a g le P o in tB o u le v a r d E a g l e P o int Bo u l e v a r dFoth Engineering Northwestern Mutual City & County Credit UnionInwood Avenue NHudson Boulevard N Bremer Bank Machine Shed Auto Owners 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, 7th Addition Introductory Information Request: The Northeast Metro Intermediate School District 916 is seeking approval of a preliminary and final plan/plat for Eagle Point Business Park 8th 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, 8th 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 (≈50 teachers and 25 administrative/support positions). The typical hours of 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. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 2 (cont.) 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 Identification Numbers (PIDs) – 33-029-21-42-0013  Current Legal Description – Outlot A, Eagle Point Business Park 7th Addition, according to the recorded plat thereof, Washington County, Minnesota Review IN GENERAL: Site Character:  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 (intermittent stream) that runs along the west lot line. Lot Configuration:  This plat would create a single lot utilizing existing Outlot A, 7nd Addition.  The lot configuration was previously reviewed and approved as a future building site by the Eagle Point Business Park 7nd Addition PUD plat review. Area Calculations:  Parks and public open space: No public parks are proposed as part of this 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. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 3 Adjacent parcel dev.:  Adjacent parcels to the southwest are already fully developed, so this proposal will not impact future development. Proposed Use:  “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 issuance of a building permit and prior to the commencement of any grading activity on the site. – This is the process that is currently under review. Criteria met. – The applicant shall secure any required permits form the South Washington Watershed District prior to commencing any 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 permit. Criteria met. – The final development plans shall include detailed landscape plans that conform 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. – The final development plans shall include a signage plan. – Details of the proposed signs have been provided for review and are analyzed herein. Criteria met. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 4 (cont.) –The applicant shall pay a fee in lieu of park land dedication as determined by the City prior to the final plat being released for recording. –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 and 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 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. –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 owners to develop an amicable resolution to the traffic and access spacing concerns 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. Building Location: 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. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 5 Building Size: The proposed building foundation will exceed the required minimum of 10,000 square feet. Building Height: No Business Park structure shall exceed 60’ in height, and parapet walls shall not 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 Design: While not mandated, design standards encourage architectural treatments around the 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. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 6 Easements:  All standard drainage and utility easements are shown on the preliminary plan and final plat documents.  Engineering comments regarding easements may be found on the Engineer’s memo attached to this report. Resident Concerns:  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 System(s):  The site will be served by 6” service lines which tie into the public 12” water line in 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):  Engineering comments regarding the proposed sanitary service may be found on the Engineer’s memo attached to this report. Storm water /Grading:  Engineering comments regarding stormwater management and grading may be found on the Engineer’s memo attached to this report. Utilities:  Telephone, electric, and/or gas service lines are to be placed underground in accordance with the provisions of all applicable City ordinances. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 7 Parking Facilities: The required parking ratio is one (1) space per staff member plus one (1) space per 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’x16’ 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 square feet in size. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 8 (cont.) o Conservatively measuring each sign to include ALL of the potential sign face (including the base) results in a measurement of roughly 70 square feet. o Regardless of how the calculation should be 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 Issues: 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. Streetlights: 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 monumentation for Outlot A will continue to be accurate following approval of the proposed plat. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 9 ENVIRONMENTAL & OTHER NEIGHBORHOOD IMPACTS: Environmental Impacts: Staff has not identified any need for an in-depth environmental analysis based on the current proposal (i.e. EAW, EIS, AUAR, etc.) Wetlands & Public Waters: 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. Shoreland District: This site is not within a designated shoreland district. Erosion Control: 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. Traffic: The proposed project will not significantly increase traffic volumes in a manner not anticipated by the original PUD approval. No traffic study is warranted Flood Plain & Steep Slopes: According to the February 3, 2010 FEMA Flood Insurance Rate Map (27163C0335E), 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. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 10 (cont.) 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 3½ 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. Docks: Not applicable as the project does not include any lakeshore or deeded access to lakes. Other Permits: All necessary permits shall be provided to the City prior to issuance of a building permit. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 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 Dedication: Approval of the Eagle Point Business Park included provisions which allocated individual park dedications to each development site on a square footage basis. The overall fee for the business park to be collected totaled $252,437, 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: 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. Sewer Area Charge: As this subdivision will access municipal sewer services, there will be a sewer area charge assessed. Building Permit Fees: 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. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 12 Commission Options: The Planning Commission has the following 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. 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. Template APPROVAL Motion: (Recommended) “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 met 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 Conditions: 1.The City Engineer shall approval all final easements prior to consideration of the Preliminary & Final PUD Plan/Plat by Council. 2.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. 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. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 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 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.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. 8.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 permit for the proposed school building. Preliminary & Final PUD Plan/Plat Review Northeast Metro ISD 916 Planning Commission Report; 8-24-15 Page 14 (cont.) 13.The final landscape plan be reviewed and approved by the City’s consulting landscape architect prior to a building permit 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 DENIAL Motion: (Not Recommended) “I move to recommend denial of the requested Preliminary & Final PUD Plan/Plat based on the following findings of fact: (Please list your findings of fact as to why the application is not in compliance with zoning or subdivision regulations)   PAGE 1 of 3  MEMORANDUM         Date: August 21, 2015      To: Ben Gozola, Senior Planner, Sambatek Re: ISD 916 Intermediate School Building  Cc: Kyle Klatt, Planning Director  Final Plat/Construction Plan Review   From: Jack Griffin, P.E., City Engineer        An engineering review has been completed for the Northeast Metro Intermediate School District Building. The  Final Plat and Construction Plan submittal consisted of the following documentation prepared by BRBW dated July  22, 2015:     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.   Stormwater Management Plan including SWPPP.       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 to the Final Plat application.       FINAL PLAT – EAGLE POINT BUSINESS PARK 8TH ADDITION  1. 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‐inch watermain 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 on the site plan, grading plan, utility plan and Plat.  2. No construction may occur until the applicant has received City Engineer approval for the Final  Construction Plans; the applicant has obtained and submitted to the City all applicable permits needed for  the project; and a preconstruction meeting has been held by the City’s engineering department.  3. The Final Plat shall not be recorded until final construction plan approval is granted.    STORM WATER MANAGEMENT PLAN  1. SWWD Permit. The Storm Water Management Plan was determined to be incomplete by the SWWD. The  applicant must obtain a SWWD Permit prior to final plan review by the City. Plan revisions made to acquire  this permit must be resubmitted for City review.  2. There are two Manage 2 type wetlands on the western edge of the parcel. These wetlands are subject to  the requirements SWWD and DNR review. The applicant must submit information to show compliance  with SWWD Rule 3 and the Wetland Conservation Act of 1991 as part of the WCA process.   3. The applicant must obtain an MPCA Stormwater Construction Permit prior to the start of construction.  Plan revisions made to acquire this permit must be resubmitted for City review.  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.  651.300.4261 Jack Griffin, P.E.               651.300.4264  Ryan Stempski, P.E. 651.300.4267  Chad Isakson, P.E. 651.300.4285    PAGE 2 of 3  4. A HydroCAD model has been submitted showing a reduction in rate discharging for the 2, 10, and 100‐yr  24‐hr storm events, thereby meeting rate control requirements.  5. 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 SWWD 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 of maintenance and the maintenance intervals.    FINAL CONSTRUCTION PLANS & SPECIFICATIONS: 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 to the 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 of Lake Elmo standard specifications. City of Lake Elmo standard specifications must be placed in a  project manual to be available to the 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, dated 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. Sheet 200CG:    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  be specified 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 subgrade to be scarified to a minimum 12‐inch depth  prior to the placement of infiltration soil media.   Basin 4 outlet structure elevations and basin elevations must be corrected to be consistent with the  proposed design.   Storm sewer should be minimum 15‐inch diameter.  5. Sheet 200 CP:    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 be added to the plans to verify 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 3 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 be full width patches and must be  sufficiently large to utilize standard compaction equipment.   Add plan note at each access driveway as follows: “Sawcut and remove existing B618 concrete curb  and gutter at the nearest curb joint. Sawcut along existing bituminous street edge must be straight  and smooth”.      Fire Protection. Site Plans 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 200 CU:   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 to the building. No public utilities are proposed.   Connection to existing watermain stub. The project proposes to connect to an existing 12‐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 lines). 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 8inch. The 6‐inch watermain shown on the northwest side of the  building must be revised to 8‐inch pipe.   City Standard Plan Notes for Watermain must be included on the Utility Plans. Any plan notes that  contradict the City plan notes must be removed.  7. Sheet 200LP:   Plan notes must be added to require the Contractor to flag all tree locations for City review and  approval prior to installation. All trees must be located a minimum of 5 feet from public utilities.   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.  MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: 9/1/15 ITEM 17 AGENDA ITEM: WAC and SAC Proforma Discussion SUBMITTED BY: Clark Schroeder Interim City Administrator THROUGH: Cathy Bendel REVIEWED BY: Cathy Bendel 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: 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. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: 09/01/2015 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 BUSINESS: - Introduction of Item ........................................................ Councilmember Fliflet - Report/Presentation…………………………………………Councilmember Fliflet - 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 REQUESTED: 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 MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 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 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 be 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 City Council Meeting [Regular Agenda Item 21] September 1, 2015 -- page 2 -- 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 INFORMATION (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.”