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11-04-15 CCMP
'ft IF (Try (,)1; LAKE ELMO Our illission is to Provide Onality'Publitr Senn;•es in a Fiwal/y ReJponsilVe Manner Irbile Preserving the City's Open Space Character NOTICE OF MEETING City Council Meeting Wednesday, November 4, 2015 6:30 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda A. Call to Order Pledge of Allegiance €"Planning Commission Applicant Interview 1/:-Roll Call/Order of Business V. --Approval of Agenda -A L F' Accept Minutes .1. Approve October 20, 2015 Minutes • Council Reports . Presentations/Public Comments/inquiries --Finance Consent Agenda 2/3 Approve Payment of Disbursements 3. Approve 404 Lake Elmo Avenue Assessment Agreement. Resolution 2015-xx Approval for GASB 67 & 68 Valuation Actuarial Services Contract 5: Wildflower at Lake Elmo - Approve Release of Grading Security per the Site Gradhig Agreement. Resolution 2015-83 „6.- Eagle Point Boulevard Street Improvements - Change Order No. 2 Other Consent Agenda 7Re,C,O1-Vre-gRgi/TCC ort 'rr,T7J 4,,,T1 / 8. Receive Building Department Report 9:1, Approve Massage License Renewals • 3 1"6. Motion to Request Being Added to the County C1P for 2017 (Pearson/Weis request) Reassignment of Inwood Development Contracts - '"- /1(' . Regular Agenda fl 12: 2016 Street ImprOvenients'- ImProvement Hearing. Order Preparation of Plans and Specifications. PUBLIC HEARING. Resolution 201.5/82 ' ' 13:-.Hammes Plat Extension 41.{FP Request from Parks Col mission for Ballpark Redesign k5/gui1ding Department Truck Jew Ordinance Development Discussion (Fliflet request) \,i/Parliamentarian Discussion (Fliflet request) 7 • — 1.812.FP Process for Engineering and Legal Contracts (Fliflet reqUest),:t:-.% „ • L°.°,°°=.- I r„./. rr„.0° Interim City Administrator Contract r rrr rif); 20, Proforma Update L. Staff Reports and Announcements M. Adjourn 13 9, .„ ; CITY OF LAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 2015 A. CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, and City Clerk Johnson. B. PLEDGE OF ALLIGENCE C. APPROVAL OF AGENDA Item 8 was moved from the Consent Agenda to the Regular Agenda. Brief discussion held concerning a resident request to add an item to the Consent Agenda. Councilmember Bloyer asked to add Censure Remarks to the agenda before item G. Councilmember Flillet, seconded by Councilmember Lundgren, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 5 — O. D. ACCEPT MINUTES Mayor Pearson, seconded by Councihnember Fliflet, moved TO APPROVE THE SEPTEMBER 15, 2015 AND OCTOBER 6, 2015 MINUTES AS AMENDED. MOTION PASSED 5 — O. COUNCIL REPORTS Mayor Pearson: Attended Volksmarch and thanked staff, Lake Elmo Rotary and Lions Club for their support. Spoke with Ginny Holder, Cable Commission representative, attended the Parks Commission meeting and reported to the Council on action taken at the meeting. Noted that the Public Safety Committee presented inforniation on a single fire station concept at the Council workshop on October 13 and requested staff add that to the November zith agenda. Attended a forum with the Mayor of Oakdale and other Mayors and a Gateway Corridor meeting. Thanked Community Development Director Kyle Klatt for his dedicated and loyal service to the taxpayers of Lake Elmo. Councilmember Fliflet: Attended Finance Committee meeting, Library Board Meeting and Council workshop. Councilmember Smith: Attended the Finance Committee meeting. Councilmember Bloyer: Thanked citizens for their overwhelming support in response to the Council censure. Commended Kyle Klatt for his professionalism in his service to the City as Community Development Director. Councilmember Lundgren: Attended the City Council workshop, Fire Relief meeting, spoke with residents still concerned over the cemetery proposal, attended the Finance Committee meeting. Thanked Kyle Klatt for his service to the City. LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Councilmember Bloyer read a statement regarding the Council censure and provided background information on what transpired at the meeting that caused the censure. Bloycr advised the City Attorney and City Administrator that he would be contacting the State Auditor regarding the financial matters he questioned at the September 15, 2015 meeting. Councilmember Fliflet, seconded by Councilmember Smith, moved IF COUNCILMEMBER BLOYER WANTS TO MAKE COMMENTS, HE CAN SUBMIT WRITTEN COMMENTS AHEAD OF TIME TO BE READ. MOTION PASSED 3 — 2. (Pearson, Bloyer — Nay) PUBLIC COMMENT Mike Reeves, 11075 14` Street N., expressed concern over negative newspaper articles regarding the City and concern for City staff. Mr. Reeves also recognized Kyle Klatt for his service to the City. Justin Bloyer, 8881 Jane Road N., asked to speak as a citizen. Meeting recessed for discussion with the City Attorney. Meeting reconvened and the City Attorney reported that Councilmember Bloyer would prepare a statement for the next Council Meeting to be read after City Attorney review. Ed Gorman, 11011 Stillwater Blvd., stated concerns over the water and sewer fund projections and large SAC charges that will be assessed against his business property. Dale Dorschner, 3150 Lake Elmo Ave., asked about the employee complaint process. FINANCE CONSENT AGENDA Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5 — 0. CONSENT AGENDA Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5 — O. ITEM 8: MANNING AVENUE PHASE I MUNICIPAL CONSENT Frank Ticknor presented the Phase I plan of the Manning Avenue project, noting specific areas included in the plan and improvements that will included in the area around the intersection of Manning Avenue arid 10th Street, and Oak Land Jr. High School. Discussion was held concerning the need for curb and gutter in areas of the project. Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIVIDE THE ISSUE INTO THREE PARTS. MOTION PASSED 5 — O. Mayor Pearson, seconded by Councilmember Lundgren, moved TOAPPROVE $12,610 FOR 55% SHARE OF RIGHT OF WAY ACOUISITION IN THE NORTHWEST SECTION. MOTION PASSED 5 — O. Pare 2 of 6 LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Councilnzember Smith, seconded by Councihnember Lundgren, moved TO APPROVE A 6 INCH CONCRETE WALK AT A COST OF $4,040 FOR A PEDESTRIAN RAMP AND A 3 INCH BITUMINOUS WALK AT A COST OF $9,160. MOTION PASSED 4 - 1. (Pearson — Nay) Discussion was held concerning potential cost sharing with the school district on part of the trail costs. Staff was directed to continue to negotiate with the school district for cost sharing on the trail portion of the project. Councilmember Moyer, seconded by Councihnember Smith, moved TO APPROVE RESOLUTION 2015-81 APPROVING COUNTY STATE AID HIGHWAY (MANNING A VENUE) PHASE 1 IMPROVEMENTS WITHIN MUNICIPAL CORPORATE LIMITS. MOTION PASSED 5 — 0. ITEM 9: LAKE ELMO AIRPORT REALIGNMENT Interim Administrator Schroeder reported that Councilmember Smith is requesting the City Council consider a resolution concerning the Lake Elmo Airport that is similar to resolutions passed by Baytown and West Lakeland. Councilmember Smith stated that the City considered a similar airport expansion in 2006 and it was determined it was not in the City's best interest at that time. Discussion held concerning the airport expansion and noise impact to Lake Elmo residents. Councilmember Smith indicated she would continue further discussions with Metropolitan Airport Commission and City staff. Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE THE ITEM UNTIL A FUTURE DATE. MOTION PASSED 5 — O. ITEM 10: HAMMES PLAT EXTENSION Interim Administrator Schroeder reviewed the history of the site and status of the plat recording. Schroeder reported that staff recommended an additional condition be added that requires any special assessments due to be paid prior to recording the plat. Councilmember Fliflet asked about the status of the Developer's Agreement. Staff reported that the Developer's Agreement was approved by resolution of the City Council but was not executed. Applicant Elenanor Hammes explained the cause of the delays and noted that she is concerned she could lose the property to foreclosure if the project is delayed further. Discussion held concerning litigation against the property, moratorium in place, and financial implications for the City. Councilmembers Fliflet and Lundgren indicated the Council needs more time to look through additional information requested to assess financial impacts to the City. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO TABLE FOR ADDITIONAL TIME TO GATHER FINANCIAL INFORMATION. MOTION PASSED 3 — 2. (Pearson, Bloyer — Nay) ITEM 11: PRACTICE FOR ADDING COMM1TTEE/COMMISSION MEMBERS Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Interim Administrator Schroder reported on research and information received from the League of Minnesota Cities regarding appointment of committee and commission members and asked Council for direction on the City's policy. Councihnember Fliflet, seconded by Councihnember Lundgren, moved ALL COMMITTEE/COMMISSION MEMBERS SHALL BE APPOINTED BY THE CITY COUNCIL WITHOUT COMMITTEE/COMMISSION REVIEW. MOTION PASSED 5 — O. ITEM 12: HUMAN RESOURCES COMMITTEE APPLICATIONS Interim Administrator Schroeder reported that two applications have been received for the Human Resources Committee and recommended appointment of Teresa Barry given her HR experience. Discussion held concerning appointment process and qualifications of committee members. Councihnember Fliflet, seconded by Councilmember Smith, moved TO APPOINT TERESA BARRY TO THE HUMAN RESOURCES COMMITTEE. MOTION PASSED 3 — 1 — 1. (Pearson — Nay, Bloyer — Abstain) Mayor Pearson stated he was unable to speak with Ms. Barry prior to the meeting and appreciates her application but would be more comfortable appointing her after speaking with her. ITEM 13: PLANNING COMMISSION APPLICATION Councilmembers discussed interviewing all applicants for commission vacancies, regardless of the applicant's past experience with the City. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO BRING SUSAN DUNN IN FOR AN INTERVIEW WITH THE CITY COUNCIL FOR APPOINTMENT TO THE PLANNING COMMISSION. MOTION PASSED 5 — O. ITEM 14: COMMUNITY DEVELOPMENT DIRECTOR POSITION VACANCY Interim Administrator Schroeder presented information requested by the Council related to the Community Development Director vacancy. Discussion was held concerning the job description of the current Community Development Director and a hiring salary range. Dale Dorschner, 3150 Lake Elmo Avenue, stated that the City had a very knowledgeable person and needs a Community Development Director with experience in smart growth and fast growth and the political fortitude to withstand the current city atmosphere. Mayor Pearson moved STAFF ADVERTISE TO FILL THE COMMUNITY DEVELOPMENT DIRECTOR POSITION WITH THE SALARY RANGE SUGGESTED AND WITH THE SKILLS IDENTIFIED. MOTION FAILED FOR LACK OF A SECOND. Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Interim Administrator Schroeder stated he would develop a job description and submit it to the City Council for review and comment. ITEM 15: PROFORMA UPDATE Interim Administrator Schroeder read the Council packet memo outlining the background development of the proforma projection model and proposal to move from the current spreadsheet to a software package to simplify the process. Councilmember Bloyer stated concerns with mathematical errors in the spreadsheet model. Councilmember Bloyer moved TO HIRE A THIRD PARTY TO HELP WORK THROUGH THE PROFORMA. MOTION FAILED FOR LACK OF A SECOND. Councilmember Bloyer presented a spreadsheet for review and questioned information provided in the proforma sewer fund, expressing concern that accurate information be used when setting up new software. Staff indicated they would look into Councilmember Bloyer's questions and provide additional information. Wally Nelson, 4582 Lilac Avenue, asked the Council to send the proforma to a third party for review and stated the censure of Councilmember Bloyer should be lifted. Barry Weeks, 3647 Lake Elmo Avenue, asked the council to consider having an auditor look at the proforma and WAC/SAC numbers. ITEM 16: LAKE ELMO WATER RATE REDUCTION ANALYSIS Councilmember Fliflet stated that the City's water rates are high and questioned if they could be reduced. Finance Director Bendel stated that the sewer rates could be reviewed as well. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO DIRECT THE FINANCE COMMITTEE TO FURTHER REVIEW AND PROVIDE TO THE CITY COUNCIL THEIR RECOMMENDATION TO THE POSSIBILITY OF REDUCING THE WATER RATES, PROPOSED OPTIONS FO RCHANGE AND THE TIMING OF THE PROPOSED CHANGES. MOTION PASSED 5 — 0. STAFF REPORTS AND ANNOUNCEMENTS interim City Administrator Schroeder: Received lease information for a building department truck, provided an update on the Arts Center, attended Gateway Con-idor meeting, held cell tower discussions with two agencies, coordinating with LMC to meet with the Council and staff to form a policy group, attended Washington County transportation meeting, met with the Stillwater City Administrator, worked on landscape plan reviews, reminded residents how to subscribe to the FRESH email newsletter, and reported that Easton Village stormwater pond construction will start soon and may produce a large volume of truck traffic downtown. City Clerk Johnson: Reminded the public that the next meeting will be held on Wednesday November 4th versus Tuesday, November 3 rd, due to the special election being held on the 31. The City will operate one consolidated polling place on election day and Washington County is handling absentee voting. Reported on position opening for an Office Administrative Assistant. Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Finance Director Bendel: Stormwater assessments have been filed after approximately half of the property owners on the original list, working on budget updates from meetings held and street assessments. City Attorney Snyder: Working on issues concerning Easton Village, Wildflower recorded documents, assisting staff with general matters, Verizon application, Ryland and 5th Street landscaping, 39th Street office park and a collection matter for the library. Clarified that the League of Minnesota Cities did not contact the City; the City contacted the League to work to improve City Council corrununication. City Engineer Griffin: Working on the 2016 street improvement project for the next City Council meeting and holding neighborhood meetings for each portion on Tuesday, October 271h . Holding an open house at Christ Lutheran Church for the county project on Olson and Ideal Avenue and will soon have a completed sewer line from 39th Street to Reid Park. Meeting adjourned at 11:01 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 6 of 6 (Try or LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO UNICATION DATE: CONSENT ITEM MOTION November 4, 2015 #2 Approve Disbursements in the amount of $125,293.79 Patty Baker, Accountant Cathy Bendel, Finance Director Cathy Bendel, Finance Director SU(;GES'I'El) ORDER OF BUSINESS: Introduction of Itcin ...... ................. ...... City Administrator Report/I)resentation..... ....... Administrator Questions from Council to Staff................. ..... ..... _Mayor Facilitates Call for Motion ..... ....... ....... Mayor & City Council ..... Mayor & City Council Action on ..... .............. ..... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $125,293.79 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $125,293.79. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council Meeting [Consent Agenda Item 2J November 4, 20 15 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount- Description ACH $ 11,850.37 Payroll Taxes to IRS & MN Dept of Revenue 10/29/15 ACH $ 5,823.33 Payroll Retirement to PERA 10/29/15 DD6732-DD6753 $ 29,234.49 Payroll Dated (Direct Deposits) 10/29/15 43497-43566 S 78,385.60 Accounts Payable 11/04/15 TOTAL 125,293.79 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $125,293.79. ATTACHMENTS: Accounts Payable — check registers Accounts Payable To Be Paid Proof List User: PattyB Printed: 10/29/2015 - 9:42 AM Batch: 007-10-2015 invoice ft Inv Date Amount Quantity Pint Date Description Reference Type l'O 4 Close POLine ALLURE Allure 10/14/2015 15.00 0.00 11/04/2015 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 15.00 ALLURE Total: 15.00 ANIAZONIN Amazon Inc 09/10/2015 1.132.25 0.00 11(04/2015 Adult. teen & kids books & dvds No 0000 206-450-5300-42500 Library Collection Maintenance 09/10/2015 381.24 0.00 11/04/2015 Operating supplies No 0000 206-450-5300-42500 Library Collection Maintenance 09/10/2015 10.09 0.00 11/04/2015 Programming supplies No 0000 206-450-5300-42500 Library Collection Maintenance Total: 1,523.58 AM AZONIN Total: 1,523.58 AMDAHL Chris Amdahl Locksmith, Inc 11939 10/17/2015 99.00 0.00 11/04/2015 Update door lock Station 2 No 0000 101-420-2220-44010 Repairs/M ain) Bldg 11939 Total: 99.00 AMDAHL Total: 99.00 AMERICAN American Eng, and Testing, Inc. 68997 119/30.'2015 2,779.60 0.00 11/0412015 2015,120 Eagle Point Blvd No 0000 409-480-8000-43030 Engineering Sen,ices 68997 Total: 2,779.60 AMERICAN Total: 2,779,60 ANCOM ANCOM Communications, Inc. 56032 10/09/2015 205.00 0.00 11/04/2015 Replacement batteries No 0000 101-420-2220-43230 Radio AP - To Be Paid Proof List (10/29/15 - 9:42 AM) Page 1 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLitte # 56032 Total: 205.00 ANCOM Total; 205,00 BETTERHM F3etter Ilomes & Gardens 10714/2015 9.99 0.00 11/04/2015 Subscription No 0000 206-450-5300-42500 library Collection Maintenance Total; 9.99 BEITERHM Total: 9.99 BUTS Biffs Inc, W577878-577887 10/14/2015 826.00 0.00 11/04/2015 Portable restrooms - Parks No 0000 101-450-5200-44120 Rentals - Buildings W577878-577887 Total: 826.00 B1FFS Total: 826.00 BOLTON M E Bolton & M (ilk, Inc 0183202 10/15/2015 140,00 0.00 11/04/2015 Section 34 No 0000 601-494-9400-43030 Engineering Services 0183202 10/15/2015 210.00 0.00 11/04/2015 Section 34 - No 0000 602-495-9450-43030 Engineering Services 0183202 Total: 350.00 0183220 10/16/2015 9,945.00 0.00 11/04/2015 Wildflower at Lake Elmo No 0000 803-000-0000-22910 Developer Payments (1183220 Total: 9,945.00 183218 10/16/2015 977.50 0,00 11/04/2015 Construction Admin No 0000 409-480-8000-43030 Engineering Services 183218 10/16/2015 1,887.00 0,00 11/04/2015 Construction Observation No 0000 409-480-8000-43030 Engineering Services 183218 Total: 2,864.50 BOLTONME Total: 13,159.50 BONAPPET Bon Appetit 10/14/2015 20.00 0,00 11/04/2015 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 20.00 BONAPPET Total: 20.00 CARDMEMB Cardmeniber Service 10202015 10/20/2015 61,16 0.00 11/04/2015 Volksmarch No 0000 204-450-5200-44300 Nliscellaneous AP - 'I`o Be Paid Proof List (10/29/15 - 9:42 AM) Page 2 Inyoice i-F Env Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 10202015 10/20/2015 100,00 0.00 11/0412015 Fall Expo registration No 0000 101-430-3100-44370 Conferences & Training 10202015 10/20/2015 64.26 0.00 11/04/2015 Holiday No 0000 101-420-2220-44300 Miscellaneous 10202015 10/20/2015 224.50 0.00 11/04/2015 Traffic Cones No 0000 101-420-2220-42400 Small Tools & Equipment 10202015 10/20/2015 140.20 0.00 11/04/2015 Contractor meter No 0000 101-430-3100-42400 Small Tools & Minor Equipment 10202015 I 0/20/2015 50.00 0.00 11/04/2015 Software - equip maim No 0000 101-430-3100-43 ISO Information Technology/Web 10202015 10/20/2015 85.0(1 0.00 11/04/2015 Training No 0000 101-420-2400-44370 Conferences & Training 10202015 10/20/2015 114.31 0,00 11/04/2015 Fuel No 0000 101-420-2400-42120 Fuel, Oil and Fluids 10202015 10/20/2015 1,024,13 0.00 11/04/2015 Truck repairs No 0000 101-420-2400-44040 Repairs/Mann Eqpt 10202015 10/20/2015 334.70 0.00 11/0412015 Hearing notice No 0000 1(11-410-1320-43510 Legal Publishing 10202015 10/20/2015 41.05 0.00 11/04/2015 Library No 0000 206-450-5300-42500 Library- Collection Maintenance 10202015 10/20/2015 14.85 0.00 11/04/2015 IVI aint supplies No 0000 206-450-5300-42230 Building Repair Supplies 10202015 10/20/2015 10.00 0.00 11/04/2015 parking No 0000 206-450-5300-44300 Miscellaneous 10202015 Total: 2,264.16 CARDMEMI3 Total: 2,264.16 CARQUEST Car Quest Auto Parts 2055-355946 08/07/2015 9,79 0.00 11/04/2015 parts No 0000 101-430-3100-42210 Equipment Parts 2055-355946 08/07/2015 18.39 0.00 11/0412015 Shop supplies No 0000 101-43(1-310(1-42150 Sltop Materials 2055-355946 Total; 28.18 CARQUEST Total: 28.18 CDW CDW Government Inc. ZQ10607 10/12/2015 249.47 0,00 1 I /04/2015 Wireless headset - Schroeder No 0000 101-410-1320-42000 Office Supplies ZQ10607 Total: 249.47 ZR83775 10/15/2015 13.56 0,00 11/04/2015 Cable for headset No 0000 101-410-1320-42000 Office Supplies ZR83775 Total: 13.56 AP - To Be Paid Proof List (10/29/15 - 9:42 AM) Page 3 Invoice # /in' Date Amount Quantity Pug Date Description Reference Task Type PO # Close POLine # CDW Total: 263.03 CENTPOW Century Power Equipment 508033 10/26/2015 20,158.00 0.00 11/04(2015 Mowers No 0000 404-480-8000-45800 Other Equipment 508033 'Total: 20,158.00 CENTPOW Total: 20,158.00 CENTRRES Central Restaurant Products 11332031 10/26/2015 824.77 0.00 11/04/2015 Table tops No 0000 206-450-5300-44030 Repairs/Matta Imp Not Oldgs 11332031 Total: 824.77 CENTRRES Total: 824.77 CENTURYL CenturyLink 10192015 10/19/2015 109.80 0,00 11/04/2015 Phone - Library - No 0000 206-450-5300-43210 Telephone 10192015 10/19/2015 115,00 0.00 11/0412015 Internet - Library No 0000 206-450-5300-43250 Internet 10192015 Total: 224.80 CENTURYL Total: 224.80 COLDWELL Coldwell Banker Commercial 40534 09/21/2015 56.24 0.00 II/04/2015 Water leak and cleaning ,AC unit No 0000 206-450-5300-440 i 0 Repairs/Maint Bldg 40534 Total: 56.24 COLDWELL Total: 56.24 CTYOAKDP City of Oakdale 201510194920 10./19/2015 1,174.79 0.00 11/04/2015 El - repair exhaust leak No 0000 101-420-2220-44040 Repairs/Maint Eqpt 201510194920 Total: 1.174.79 201510194921 10/19/2015 561.05 0.00 11/04/2015 CV2 - Battery, front brakes No 0000 I 01-420-2220-44040 Repairs/Maint Eqpt 201510194921 Total: 561.05 CTYOAKDP Total: 1,735.84 CTYROSEV City of Roseville 220750 10/15/2015 126.40 0.00 11/0412015 Remote access - Schroeder No 0000 1(11-410-1320-43180 Information Technology/Web AP - To Be Paid Proof List (10/29/15 - 9:42 AM) Page 4 Invoice ft- Inv Date 220750 Total: CTYROSEV Total: CTYSTPAU City of St. Paul IN00012060 10/09/2015 101-430-3120-42240 Street Maintenance Materials IN00012060 Total: CTYSTPAU Total: Amount Quantity Pint Date Description Reference Task Type PO 4 Close POLine tt 126.40 126.40 967.12 0,00 11/04/2015 Asphalt 967.12 967.12 No 0000 DEMCO Demco 5656759 08/06/2015 35.40 0,00 11/04/2015 Classification labels for library No 0000 206-450-5300-42500 Library Collection Maintenance 5656759 Total: 35.40 DEN1C0 Total: 35.40 DISCVMAG Discover Magazine 10/14/2015 19,95 0.00 11/04/2015 Magazine subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 19.95 DISCVMAG Total: 19.95 EMERGAPP Emergency Apparatus Nlaint, Inc 81922 10/0S/2015 394.83 0.00 I 1/04/2015 RI Service No 0000 I 01-420-2220-44040 Repairs/Maint Eqpt 81922 Total: 394.83 82845 10/08/2015 1,461,78 0.00 11/04/2015 El pump repairs No 0000 101 -420-2220-44040 Repairs/Maint Eqpt 82845 Total: 1,461.78 82846 10108/2015 508.27 0.00 11/04/2015 T2 pump and electrical repairs No 0000 [01-420-2220-4404(1 Rcpairs!Maint Eqpt 82846 Total: 508.27 82847 10/08/2015 1,183.38 0.00 11/04/2015 E2 pump repairs No 0000 101-420-2220-44040 Repairs/Maint Eqpt 82847 Total: 1.183.38 82848 10/08/2015 601.58 0.00 11/04/2015 T1 pump repairs No 0000 101-420-2220-44040 Repairs/Maint Eqpt 82848 Total'. 601.58 EMERGAPP Total: 4,149,84 AP - To Be Paid Proof List (1 0129/15 - 9:42 AM) Page 5 Invoice # Inv Date FASTENAL Fastenal Company MNOAK I 1637 10/08/2015 101-430-3 I 00-42210 Equipment Parts MNOAK 11637 Total: FASTENAL Total: Amount Quantity Pint Date Description Reference 5.61 0.00 11/0412015 Parts 5.61 5,61 'last Type PO # Close POLine # No 0000 FRANCOTY Prancotyp-Postalia, Inc RI 102605867 10/19/2015 215.09 0.00 11/04/2015 Ink tier postage machine No 0000 101-410-1320-42000 Office Supplies R1102605867 Tntal: 215.09 FRANCOTY Total: 215.09 GKSERV1C G&K Sei-vices 1182359342 10/21/2015 36.58 0.00 11/04/2015 Uniforms No 0000 101-430-3100-44170 Uniforms 11823593/12 Total: 36,58 GKSERVIC Total: 36.58 GREATAM Great America Financial 17716195 10/16/2015 531.48 0.00 11/04/2015 Copier maintenance No 0000 101-410-1940-44040 Repairs/Maint Contractual Eqpt 17716195 Total: 531.48 GREATAM Total: 531.48 HOLIDAYC Holiday Credit Office 10/15/2015 146.64 0.00 11/04/2015 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids Total: 146.64 HOLIDAYC Total: 146.64 ICMAA ICMA 799571 10128/2015 25,00 0.00 11/04/2015 Annual Duc No 0000 101-410-1320-44330 Dues 8:: Subscriptions 799571 Total: 25.00 ICMAA Total: 25.00 1NNOVAT Innovative Office Solutions IN0948602 10/19/2015 63.53 0.00 11/04/2015 Office' supplies No 0000 101-410-1320-42000 Office Supplies AP - To Be Paid Proof List (10/29/15 - 9:42 AM) Page 6 invoice 0- Euv Date Amount Quantity Pint Date Description IN0948602 1 101-410-1910-42000 IN0948602 1 101-420-2400-42000 IN0948602 1 101-420-2220-42000 11\10948603 1 101-410-1320-42000 IN0948603 101-410-1910-42000 IN0948603 1 101-420-2400-42000 IN0948603 1 101-420-2220-42000 0/19/2015 Office Supplies 0/19/2015 Office Supplies 0/19/2015 Office Supplies IN0948602 Total: 0/19/2015 Office Supplies 0/19/2015 Office Supplies 0/19/2015 Office Supplies 0/19/2015 Office Supplies IN0948603 Total: NNOVAT Total: INTERSTA Interstate All Battery Ctr 1902701003351 10/16/2015 101-420-2220-44040 Repairs/Maint Eqpt 1902701003351 Total: 1NTF,RSTA Total: kathfuel Kath Fuel Oil Service Co 532666 10/16/2015 101-430-3100-42120 Fuel, Oil and Fluids 532666 Total: kathfuel Total: KOHL Kohl Karen 1, 05-14550-4 10/26/2015 101-000-0000-11500 Accounts Receivable 05-14550-4 Total: KOfIL Total: 1.ANG RON Ron's Inspection Services, LLC 18 10/08/2015 101-420-2400-43150 Inspector Contract Services I S 10/08/2015 101-420-2400-43310 Mileage 18 Total: AP - To Be Paid Proof List (10/29/15 - 9:42 AM) 2,98 0.00 1 I/04/2015 Office supplies 28.98 0.00 11/04/2015 Office supplies 253.28 0.00 11/04/2015 Office supplies 348.77 191.05 0.00 11104/2015 Office supplies 2 L57 0.00 11/04/2015 Office supplies 3.90 0.00 11/04/2015 Office supplies 253.28 0.00 11104/2015 Office supplies 469.80 818.57 Reference 133.95 0.00 11/04/2015 Batteries 6r Ranger 133.95 133,95 1,007.50 1,007.50 1,007.50 0,00 1 I 704/2015 Fuel 55.00 0,00 11/04/2015 Refund SW print rec'd after due date 55.00 55.00 2,010.00 230.57 2,240,57 0.00 11/04/2015 Building Inspector Services 0.00 11/04/2015 Mileage Task Type PO 0 Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No No No No 0000 0000 0000 0000 0000 Page 7 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # LANG RON Total: 2,240.57 Libraryl Library Ideas 48200 09/30/201 5 3.50 0.00 I 1/0412015 Freading as you go No 0000 206-450-5300-42500 Library Collection Maintenance 48200 Total: 3.50 Libraryl Total: 3,50 Lillie Newspapers Inc. Lillie Suburban 10/13/2015 35.95 0.00 1 I /04/20 I 5 I year subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 35.95 Lillie Total: 35.95 MALMQ Malmquist Greg 10/26/2015 60.58 0.00 I 1/04/2015 Reimburse MN State Fire Chiefs Corti No 0000 101-420-2220-44300 Miscellaneous 10/26/2015 I 73.65 0.00 11/04/2015 Reimburse MN State Fire Chiefs Conf No 0000 I 01-420-2220-43310 Mileage Total: 234.23 MALMQ Total: 234.23 M ARON EYS Maroney's Sanitation, Inc 597107 10/12/2015 112.94 0.00 11704/2015 City Hall - waste removal 101-410-1940-43840 Refuse 597107 10/12/2015 49.71 0.00 I I /04/2(115 Fire - waste removal 14)1-420-2220-43840 Refuse 597107 10/12/2015 216,67 0.00 I1/04/2015 P \V - waste reinoval 101-430-3100-43840 Refuse 597107 10112/2015 216.67 0.00 11/04/2015 Fire - waste removal 101-420-2220-43840 Refuse 597107 10/12/2015 49.89 0.00 I I /04/201 5 Library - waste removal 206-450-5300-43840 Refuse 597107 Total: 645.88 MARONEYS Total: 645.88 No 0000 No 0000 No 0000 No 0000 No 0000 NI EN ARDS° Menards - Oakdale 890 I 9 10/13/2015 14.98 0.00 11104/2015 Ileavy duty felt No 0000 10 I -450-5200-42250 Landscaping Materials 89019 Total: 14.98 AP - To Be Paid Proof List (10/29/15 - 9:42 AM) Page 8 Invoice Fi Div Date Amount Quantity Pint Date Description Reference 89198 10/15/2015 101-420-2220-42400 Small Tools & Equipment 89198 Total: 139.44 89304 10/17/2015 27,79 101-420-2220-42090 Fire Prevention 89304 10/17/2015 9.56 101-420-2220-44010 Repairs/Maint Bldg 89304 Total: 37.35 89684 10/22/2015 0.98 101-420-2220-42090 Fire Prevention 89684 10/22/2015 20.37 101-420-2220-44010 Repairs/Mann Bldg 89684 I 0122/2015 5.29 101-420-2220-44040 Repairs/Maint Eqpt 89684 Total: 26.64 89704 10/23/2015 934.93 404-480-8000-45300 Improvements Other Than Bldgs 89704 Total: 934.93 89732 10/23/2015 39,33 101-450-5200-42250 Landscaping Materials 89732 Total: 39.33 MENARDSO Total: 1,192.67 MENARDST Menards - Stillwater 74803 10/13/2015 101-420-2220-42090 Fire Prevention 74803 10/13/2015 101-420-2220-4401 0 Repairs/Maint Bldg 74803 10/13/2015 I 01-420-2220-42000 Office Supplies 74803 10/1312015 101-420-2220-44040 Repairs!Maint Eqpt 74803 10/13/2015 101-420-2220-44010 Repairs/Maint Bldg 74803 Total; MENARDST Total: MN M ()NTH Minnesota Monthly 10/14/2015 206-450-5300-42500 Library Collection Maintenance Total: 12.00 MNMONTH Total: 12.011 AP - To Be Paid Proof List (10129115 - 9:42 AM) 54.29 32.07 5,79 15.68 -27,07 80.76 80.76 139.44 0.00 11/04/2015 Hand tools for FT's 0.00 11/04/2015 Supplies for prop 0.00 11/04/2015 Salt for water softener 0.00 11/04/2015 0.00 1/04/2015 0.00 11/04/2015 Supplies for prop Salt for water softener Vehicle cleaner 0.00 11/04/2015 New park signs 0,00 11/04/2015 Landscape materials 0.00 11104/2015 Demo smokehouse 0.00 11/04/2015 Station 1 main. 0.00 11/04/2015 Tape 0.00 11/04/2015 CV1 work lights 0.00 11/04/2015 rebate credit- 12.00 0.00 11/04/2015 subscription Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No No No No No 0000 0000 0000 0000 0000 0000 Page 9 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO fl Close POLine MNSECRET Minnesota Secretary of State 10/28/2015 120.00 0.00 11/04/2015 Notary Renewal - J. Ziertman No 0000 101-410-1910-44330 Dues & Subscriptions Total: 120,00 MNSECR El' Total: 120,00 NAPA NAPA Auto Parts 855394 10/13/2015 7.96 0.00 11/04/2015 Bulbs - T2 No 0000 101-420-2220-44040 Repairs/Maint Eqpt 855394 Total: 7.96 NAPA Total: 7.96 NATG EC) National Geographic Society 10/01i2015 29,00 0,00 11/04/2015 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 29,00 NATGEO Total: 29.00 PENWORTH The Penworthy Company 0015332-IN 10/2812015 522.34 206-450-5300-42500 Library Collection Maintenance 0015332-EN Total: 522.34 PENWORTH Total: 522.34 0,00 11104/2015 Children's Easy readers and nonfiction No 0000 PEOPLMAG People 10/14/2015 :36.00 0.00 11/04/2015 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total; 36.00 PEOPLMAG Total: 36.00 PROQUEST ProQuest 09/24/2015 1,175,00 0.00 11/04/2015 Ancestry.com Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 1.175.00 PROQUEST Total: 1,175.00 RCM RCM Specialties, Inc 5191 10/20/2015 219.20 0.00 11/04/2015 Emulsion No 0000 101-430-3120-42240 Street Maintenance Materials 5191 Total: 219.20 AP - To Be Paid Proof List (10/29/15 - 9:42 AM) Page I 0 Invoice rt. 111V Date Amoititt Qoaniity Pint Date Description Reference Task Type l'O # Close POLine # RCM Total: 219.20 SAMSC'LUB Sant's Club 10/13/2015 24,56 0,00 11/04/2015 Phone charger. laser pointer No 0000 101420-2220-42000 Office Supplies 10/13/2015 5.86 0.00 11/0412015 Kitchen supplies No 0000 101-420-2220-44010 Repairs/Maint Bldg Total: 30.42 SAM SCLUB Total: 30.42 SELECTAC SelectAccount 1125333 10/16/2015 6.33 0.00 11;0412015 Participant fee 10/01-10/31/15 101-410-1520-43150 Contract Services 1125333 Total: 6.33 SELECTAC Total: 6.33 SELF Self No 0000 10/14/2015 8.00 0.00 11/04/2015 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 8.00 SELF Total: 8.00 SEVENTN Seventeen 10/14/2015 12.00 0.00 11/04/2015 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 12.00 SEVENTN Total: 12.00 SPORTSIL Sports Illustrated 10/14/2015 29,00 0.00 11/04/2015 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 29.00 SPORTSIL Total: 29.00 SPRINT Sprint 761950227-151 10/18/2015 60.25 0.00 11/04/2015 Cell phone - Admin No 0000 101-410-1940-43210 Telephone 761950227-151 10/18/2015 223,18 0.00 11/04/2015 Cell phone - Fire No 0000 101-420-2220-43210 Telephone AP - To Be Paid Proof List (10/29115 - 9:42 AM) Page 11 Invoke # Inv Date Amount Quantity Putt Date Description Reference Task Type PO # Close POLitte # 761950227-151 10/18/2015 43,99 0.00 11/04/2015 Cell phone - Bldg No 0000 101-420-2400-43210 Telephone 761950227-151 10/18/2015 85.53 0.00 11/04/2015 Cell phone,- PW No 0000 101-430-3100-43210 Telephone 761950227-151 10/18/2015 119,70 0.00 11/04/2015 Cell phone - parks No 0000 101-450-5200-43210 Telephone 761950227-151 l0/18/2015 55.77 0,00 1 1/0412015 Cell phone - Taxpayer Services No 0000 101-410-1450-43210 Telephone 761950227-151 10/18/2015 14,87 0.00 11/04/2015 Cell phone - Planning No 0000 101-410-1910-43210 Telephone 761950227-151 Total: 603.29 SPRINT Total: 603.29 STLI BR AR Stillwater Public Library September 10/01/2015 540.00 0.00 11/04/2015 Library Card Reimbursement No 0000 206-450-5300-44300 Miscellaneous September Total: 540.00 STLII3RAR Total: 540.00 TEILANDM TEI Landmark Audio 11836775 09/11/2015 177.95 0.00 11/04/2015 New Audio CDs No 0000 206-450-5300-42500 Library Collection Maintenance 11836775 Total: 177.95 TEILANDM Total: 177.95 TMOB1LE T Mobile 947226095 10/11/2015 21.34 0.00 11/04/2015 SCADA line No 0000 601-494-9400-43210 Telephone 947226095 Total: /1.34 TMOBILE Total: 21.34 TUM R LE Tumbleweed Press Inc I 0/0812015 799.00 0.00 11/04/2015 Subscription Tumblebooks database No 0000 206-450-5300-42500 Library Collection 'Maintenance Total: 799,00 TUM F3LE Total: 799.00 VANITY Vanity Fair 10/14/2015 26,00 0,00 11/04/2015 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 26.00 AP - To Be Paid Proof List ( 0/29115 - 9:42 AM) Page 12 Invoice # Inv Date VANITY Total: Aniount Quantity Pint Date Description Reference Task Type PO # Close POLine # VERIZON Verizon Wireless 9753802046 10/1012015 101-420-2220-43210 Telephone 9753802046 Total: VERIZON VOGUE Vogue 10/14/2015 206-450-5300-42500 Library Collection Maintenance Total: 15.00 VOGUE Total: 15.00 26.00 35.01 0.00 11/04/2015 Wireless charges 35.01 35.01 WAN AT Wanat Matt & Erin 2015-431 10/07/2015 803-000-0000-22900 Deposits Payable 2015-431 Total: WANAT Total: WASIICONS Washington Conservation Dist. 3306 09/30/2015 603-496-9500-44370 Conferences & Training 3306 Total: WASHC.ONS Total: WASTILIB Washington County Library September 10/(11/7(115 206-450-5300-44300 Miscellaneous September Total: WASH LIB Total: Whitcani White Anita Bonus 10/21/2015 101-410-1450-43620 Cable Operations B0111.15 10/28720)5 101-410-1450-43620 Cahle Operations Bonus Total: Cable 10/21/2015 101-410-1450-43620 Cable Operations AP - To Bc Paid Proof List (I 0/29/15 - 9:42 AM) 15.00 0.00 11/04/2015 Subscription 5,000.00 0.00 11/04/2015 Escrow Release 9971 Tapestry Grove 5,000.00 5,000.00 556.25 0.00 11/04/2015 3rd of 4 quarterly billings - Shared Ed. 556.25 556.25 1.161.00 0.00 11/04/2015 Library Card Reimbursement 1.161.00 1,161.00 25.00 0.00 11/04/2015 CC I 0/20/2015 Bonus 25.00 0.00 11/04/2015 PC 10/26/15 - Bonus 50.00 55.00 0,00 11/04/2015 CC 10/20/2015 No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 Page 13 Invoice # thy Date Amount Quantity Pint Date 'Description Reference Task Type PO tt Close POLine # Cable 10/28/2015 55.00 0.00 11/04/2015 PC 10/26/15 No 0000 101-410-1450-43620 Cable Operations Cable Total: 110.00 Whiteani "Fotal: 160.00 XCEL Xcel Energy 10/22/2015 28.06 0,00 11/04/2015 Electrical services No 0000 101-430-3160-43810 Street Lighting 10/22/2015 17.36 0.00 11/04/2015 Electrical services No 0000 602-495-9450-43810 Electric Utility Total: 45.42 XCEL Total: 45.42 Report Total: 68,247,89 AP - To 13c Paid Prool' List 110/29/15 - 9:42 AM) Page 14 Accounts Payable To Be Paid Proof List User: Pattvl3 Printed: 10/29/2015 - 9:53 AM Batch: 008-10-2015 Invoice t Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # CTYROSEV City of Roseville 220779 10/22/2015 2,95142 0.00 II/04/2015 Monthly LT Services - Nov - No 0000 101-410-1450-43180 Information Technology/Web 220779 Total: 2,951.42 220805 10/22/2015 107.64 0.00 11/04/2015 Nov phone - Adinin No 0000 101-410-1320-43210 Telephone 220805 10/22/2015 17.00 0.00 11/04/2015 Nov phone - Building - No 0000 101-420-2400-43210 Telephone 220805 10/22/2015 17.00 0.00 11/04/2015 Nov phone - Communication No 0000 101-410-1450-43210 Telephone 220805 10/22/2015 17,00 0.00 11/04/2015 Nov phone- Engineering No 0000 101-410-1930-43210 Telephone 220805 10/22/2015 34.00 0,00 11/04/2015 Nov phone - Finance No 0000 101-410-1520-43210 Telephone 220805 10/22/2015 47.15 0.00 11/04/2015 Nov phone - PLantiing No 0000 101-410-1910-43210 Telephone 270805 10/22/2015 224.65 0.00 11/04/2015 Nov phone - PW No 0000 101-430-31 00-432 10 Telephone 220805 Total: 464,44 CTYROSEV Total: 3,415.86 DELTA Delta Dental Of Minnesota 6219619 10/15/2015 1,664.85 0.00 11/04/2015 November Premium No 0000 101-000-0000-21706 Medical Insurance 6219619 Total: 1,664.85 DELTA Total: 1,664.85 LEASSOC Lake Elmo Associates, LLP Nov 15 10/29/2015 2,461.00 0.00 11/04/2015 November 2015 Rent - No 0000 101-410-1940-44120 Rentals - Building Nov 15 Total: 2,461.00 AP - To Bc Paid Proof List (10/29/15 - 9:53 AM) Page 1 Invoice # Inv Date Amount Quantity Pint Date Description Reference 1'ask Type PO # Close POLine 4 LEASSOC Total: 2,461,00 NCPERS 566200-NCPERS Minnesota 56621115 10/23/2015 WOO 0,00 11/04/2015 Noventber premium No 0000 101-000-0000-21708 Other Benefits 56621115 Total: 96,00 NCPERS Total: 96,00 RABOUIN RABOUIN, ENC Nov 15 10/29/2015 2,500.00 0,00 11/04/2015 November monthly installment No 0000 101-410-1320-43100 Assessing Services Nov 15 Total: 2,500.00 RABOUIN Total: 2,500.00 Report Total: 10,137.71 AP - To Be Paid Proof List (10/29/15 - 9:53 AM) Page 2 TI IF: CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 CONSENT RESOLUTION #2015-83 ITEM: #3 Approve Assessment Agreement for 404 Lake Elmo Avenue Julie Johnson, City Clerk and Cathy Bendel, Finance Director Julie Johnson, City Clerk and Cathy Bendel, Finance Director Julie Johnson, City Clerk and Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item City Clerk - Report/Presentation City Clerk and Finance Director Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate. Mayor Facilitates Call for Motion Mayor & City Council - Discussion Mayor & City Council - Action on Motion Mayor Facilitates FINANCIAL IMPACT: $6,000 to be financed via assessment over 15 years at 4.61% BACKGROUND AND STAFF REPORT: The City Assessment policy provides an option to existing residents to finance the water and availability charges in cases when choosing to connect to new water or sewer services. All other fees are due at the time of permit. The owners of 404 Lake Elmo Avenue N are requesting that they be allowed to finance the $3,000 water access fee and the $3,000 sewer access fee at the rate of 4.61% (bond rate of 2.61% + 2% per the City assessment agreement) . If approved, the City Attorney and City Clerk will execute the attached draft assessment agreement. RECOMMENDATIONS: Approve entering into an assessment agreement with the owners of 404 Lake Elmo Avenue N (Gary and Teresa Kanne) for $6,000; $3,000 water access fee and $3,000 sewer access fee. ATTACHMENTS: 1. Request from resident dated October 14, 2015. 2. Draft Assessment Agreement 3. Resolution #2015-83 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2015-83 RESOLUTION AUTHORIZING CERTIFICATION TO THE WASHINGTON COUNTY AUDITOR FOR WATER AND SEWER ACCESS FEES WHEREAS, the City of Lake Elmo Special Assessment policy allows for existing residents to finance utility access fees via special assessment; WHEREAS, the owners of parcel 36,029.21.32.0007 have requested to be allowed to have $3,000 in water access fees and S3,000 in sewer access fees financed via special assessment for collection with taxes payable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, TF1AT: 1. The request by the owners of parcel 36.029.21.32.0007 is hereby accepted and shall he certified to the Washington County Auditor for collection with taxes payable beginning in 2016. 2, The certified amount of 86,000 shall be payable over a period of 15 years, with interest of 4.61%. 3 The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. ADOPTED, by the Lake Elmo City Council on the 4th day of November, 2015. By: Mike Pearson Mayor ATTEST: Julie Johnson City Clerk Resolution 2015-83 Return To: David K. Snyder, Esq. JOHNSON TURNER LEGAL 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ASSESSMENT AGREEMENT THIS AGREEMENT, made and entered into this day of November, 2015, by and between the City of Lake Elmo, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and Gary D. and Teresa D. Kanne, (hereinafter referred to as "Applicant"). WITNESS: WHEREAS, the City Council of the City has, by Resolution on November 4, 2015, approved a request to connect their property at 404 Lake Elmo Avenue North to the City's water and sewer system; and WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: 1 Assessment Amount. Upon execution of this Agreement, Applicant shall pay to the City the sum of S6,000.00, to be assessed against the Property. The terms of the assessment shall be as follows: The assessment amount of S6,000.00 shall be payable over a period of fifteen (15) years, with 4.61% interest applied. The balance of the assessment amount shall be paid in full before any transfer of part or all of the property. The assessments shall represent % of the total cost of the improvements. 2. Lien Upon Propertv. The assessment shall be a lien upon the Property from the date of a resolution of the City Council adopting the assessment. 3 Wan-anty of Title. Applicant warrants and represents to the City that they are the fee owner(s) of the Subject Parcel described herein and that they have authority to execute this Assessment Agreement and agree to the conditions hereof. 4. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the lands described herein, and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subject property, and shall be deemed covenants running with the land. Reference herein to the Applicant, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers, the cost of said recording shall be borne by the Applicant and charged against the escrow account. 5. Notices. Any notice or other conununication that either party wishes or must give to the other shall be deemed duly given: (i) on the date of personal delivery or (ii) two (2) days following mailing by certified mail, postage prepaid, return receipt requested, to the following addresses of the parties or to such other address as either party shall designate to the other: City of Lake Elmo: Julie Johnson, City Clerk City of Lake Elmo 3800 Laveme Avenue N. Lake Elmo, MN 55042 Applicant: Gaiy & Teresa Kanne 404 Lake Elmo Avenue N. Lake Elmo, MN 55042 6. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota. Entire Agreement. This Agreement sets forth the entire agreement of the parties hereto and supersedes all prior agreements and understandings between the parties with respect to the matters contained herein. 8 Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or ter-n herein shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by a duly authorized representative thereof and specifying with particularity the extent and nature of such amendment, modification and waiver. 9. Waiver of Rights to Appeal. Applicant expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts, including those appeal rights arising under Minn. Const. art. X, § 1 and Minn. Stat. § 429.011 et. seq. IN WITNESS WHEREOF, the City and Applicant ave caused this Agreement to be duly executed on the day and year first above written, STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON APPLICANT Gary D. Kanne Teresa D. Kanne On this day of , 2015, before me, a Notary Public, within and for said County and State, personally appeared Gary D. Kanne and Teresa D. Kanne, husband and wife, to me personally known, who, being duly sworn, acknowledged said instrument to be his/her/their free act and deed. OFFICIAL SEAL OF NOTARY PUBLIC 4 SIGNATURE OF NOTARY PUBLIC CITY OF LAKE ELMO By: By: Its: Mayor STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss. Its: Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Mike Pearson, the Mayor of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of said City with full authority so to do, OFFICL-1.1SEAL OF PUBLIC: SIGNATURE OF NOTARY PUBLIC STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of , 2015, by Julie Johnson, the Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of said City with full authority so to do. OPI7CIAL SEAL OP NOMRY PUBLIC SIGNATURE OF NOTARY PUBLIC 5 DRAFTED BY: David K. Snyder, Esq. JOHNSON / TURNER LEGAL 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 6 EXHIBIT A (Parcel A) EXHIBIT B (Parcel B) Page 5 of 5 October 14.IO15 To: City ofLake Elmo From: Gary ItTeresa Kanne RE; 404 Lake Elmo Avenue North Water and Sewer Connection Werequest connection tocity water and sewer services at the above referenced address, We understand that the fees tnconnect will beasfollows: Water access/ availability fee: $],OUO Water connection fee: $1.000 Sewer access/ availability f(city): $3'000 Sewer connection fee (city): $1'000 Sewer access/ availability fee (Met Council): $2.485 Water Meter: $350 Total: $10'835 Of the $10,835 we understand that $4'835 (water connection, sewer connection, Met Council sewer access Et water meter) isdue a1 the time o[the permit and the remaining $6,000 can he assessed to the property. The assessment would be payable over u term of 15 years with interest at 4.61%. Please draft an Assessment Agreement for our review and signature assoon aspossible. Ga'n/D.K6nne` � Teresa D. Kanne � , Till': CITY (JI: LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM: 11/4/15 #4 Approval for GASB 67 and 68 Valuation — Actuarial Services Contract Cathy Bendel, Finance Director Cathy Bendel, Finance Director Steve Rutkowski, Lake Elmo Fire Relief President SUGGESTED ORDER OF BUSINESS: - Introduction of Item. Finance Director Report/Presentation Finance Director Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion ...... ......... ...... ....... ....... . ............... „.. Mayor & City Council Action on Motion Mayor Facilitates FINANCIAL IMPACT: 2015 = No impact to General Fund; Future years TBD. BACKGROUND AND STAFF REPORT: In 2014, a new GASB requirement was put into place requiring an actuarial study to be done on the Fire Relief pension funds, This new requirement was effective 1/1/2015 and a full study is required every two years, with a partial study required in the off year. In order for the City to receive a clean audit opinion, this actuarial study will need to be done each year beginning with 2015. The City Auditors, Smith and Shafer, provided cost information based on other Cities they work with. The costs ranged from $2,500-$4,800 for the full study and $500-$1,500 for the off year study. At the October 5, 2015 Fire Relief meeting, Finance Director Bendel presented this information to the Fire Relief Board and proposed that in the years where the Fire Relief receives supplemental state aid funds from the State, above the annual base state aid, that the Fire Relief would fund this cost. In the years where supplemental funds are not received, there would be a follow up discussion as to the specific funding. This is how many other Cities are handling the funding. Finance Director Bendel specifically recommended Hildi, Inc. as their cost range was the lowest; $2,500 - $3,000 for the full year and $500-$1,500 for the off year. The Fire Relief Board unanimously agreed that this was a fair and reasonable approach and directed the Finance Director to obtain a specific quote from Hildi, Inc. and to move forward with scheduling the study for 2015. Since the Fire Relief received $ I 1,434.03 in supplemental aid in September 2015, the Fire Relief will be funding of the 2015 Actuarial study. RECOMMENDATIONS: Approve entering into a contract with Hildi, Inc to provide an actuarial study of the Fire Relief pension fund beginning in 2015 at a cost of $2,400.00 to be paid for by the Lake Elmo Fire Relief, ATTACHMENTS: 1. Actuarial Services Proposal/Overview from Hildi, Inc. 2. Agreement for Consulting Services from Hildi, Inc. October 26, 2015 ACTUARIAL SERVICES GASB STATEMENT 67 & 68 City of Lake Elmo Hildi Incorporated 11800 Singletree Lane, Suite 305 Minneapolis, MN 55344 P 952.934.5554 F 952.934.3027 E mike.born©hildiinc.com www.hildiinc.com Primary Contact: Mike Born, FSA Specializing in Actuarial Retirement Plan Services October 2O.2O15 Ms. Cathy Bendel Finance Director City of Lake Elmo 3800 Laverne Avenue North Lake Bnn0, Minnesota 55042 Dear Cathy and the City of Lake Elmo: ThaohyVuforU18oppodnnhvh»vvorkwUhynuonAntuaha|S8n/ic8of0[(he[Xh/mfLoke Elmo. We look forward to developing o valued business partnership with you on the subject of Pension Accounting under GASB Statement No. 07 & 08 for your Fin* Department Relief Association pension plan. The enclosed booklet will cover the scope of services and highlight the strengths of the actuarial firm, Hildi Incorporated. Qualified Actuaries First and foremost, we would like to stress that your business is important to Hildi Incorporated. The history of our firm is spelled out in the "About Hildi Incorporated" section ofthis proposal. The consultants a1HDUiIncorporated are seasoned actuarial consultants specializing in the health and xve|fana and pension fields. All actuaries who will be working on your account are nrSdenda|ed actuaries — either Fa||ovvn of the 800|eh/ of Actuaries (FSA)orAssociates nfthe Society ofActuaries (ASA.) Becoming anF8Ao,AGAentails years of studying and exam taking while competing for passing marks against other top candidates throughout the country. Other practicing actuaries have never completed the entire course of actuarial ntudy, but all actuaries at Hi|di Inc. have. P|eenm sou our Biographies and Resumes included inthe Appendix section. Experienced Actuaries and Responsive Service Second, at Hildi Incorporated, we monitor our workflow and capacity levels in order to be the most n3spqnnima to the client projects that we take on. Hi|d| Incorporated has made the commitment to specialize in pension actuarial work underG/\SB Statements 07 and 68. The consultants at Hi|Ui Incorporated have worked with public pensions all over the country and with corporate pension plans since the early 19SOeunder AGO715'8O. HUdi|nooqaurated 2 Specializing mActuarial Retirement Plan Services Consistency At Hildi Incorporated, we have the distinct advantage of being able to provide our clients with G consistent actuarial haom from one year t0the next. We are committed to our profession and our firm, Therefore, you will not have howorry about your investment inour firm' as our knovv|eUQo of the City of Lake E|mm'n Fine Relief benefits and pension strategies will be consistently applied. Thank you again for this opportunity, Please call with any questions that you may have. We look forward to working with you. Sincerely, � K4ichag|J. Born, FOA Consulting Actuary ts About Hildi Incorporated 5 Hildi Incorporated Qualifications and Experience 6 The Actuarial Valuation Process 7 Sample Data Request ..... 8 Fee Proposal and ....... .......................... 10 ..... ......... ........ ....... 12 The Hildi Inc. Actuarial Team 13 Hildi Incorporated 4 About A d^Incorporated Thank you for taking the time to learn more abOutHUd\ Incorporated. At Hildi Incorporated, our goal is to be your valued, trusted consulting partner in the world of actuarial retirement plan and Other Post -Employment benefit services. Hi|diIncorporated believes inproviding the highest quality consulting along with the most competitive fees in the marketplace, Customer service and satisfaction is our most important goal. Hildi Incorporated was established by in October of 2004 as a Midwestern actuarial consulting firm, The structure for Hildi Incorporated is an S-Corporation in Minnesota, State and Federal Tax iDnumbers can bo provided Vnrequest. Hi|di Incorporated has noparent orsubsidiary organizations. The name ^Hi|di^ has meaning in Norse mythology and is the founder's nickname. The H/|di Inc, logo (the item that looks somewhat like a check mark ora music note) in the symbol from the founder's ancestral family farm in Se|bu. Norway. Hildi Incorporated consists of benefits consultants and actuaries who have many years of real world experience and are recognized leaders in their fields, P|aaon nee the section nnthe Actuarial Consultants atHUd\ |nnorporated, along with our attached biographies and resumes inthe Appendix. Hidincorporated ualifications and xperience Professional Experience Fiighlights with a sampling of Current Clients Counties and many Cities in Minnesota O Actuarial Valuations and Plan Design work for Other Post Employment benefits under GASB Statements 43 and 45. School Districts in the Midwest O Actuarial Valuations and Plan Design work for Other Post Employment benefits under GASB Statements 43, 45 and 16, Public Pension Plans (Police and Fire Funds) O Actuarial Valuations and Plan Design work for Pensions under GASB Statements 25 and 27/GASB 67 and 68. Corporate Clients (Current Client — 15,000+ employees) O Total actuarial consulting relationship with projects covering everything from Actuarial Valuations for two defined benefit plans to all the FAS No. 87, 88, and 132 accounting requirements. O Actuarial Valuations on all post retirement medical, dental, and life plans including all accounting work under FAS No. 106. O Additional work performed on non -qualified retirement plans and asset/liability modeling projections, Ilildi Incorporated The ctuarial Valuation Process This exhibit shows the GASB 67 & 68 process. Once you provide us with the Input Items, noted below, then we can complete the actuarial calculations and prepare your results in our actuarial report. Participant Data & Census Information Pension Expense ct rLI al 0t.n Input Items Assets The Actuarial Black Box Net Pension Liability Total Pension Liability Results Pension Provisions 1 Actuarial Assumptions, Actuarial Cost Methods, and Actuarial Asset Methods Financial Disclosures Actuarial Assumptions The actuary and client jointly select a proposed set of actuarial assumptions to be used in the valuation. Hildi Inc. discusses the proposed assumptions with our clients at an early stage in the project; not all actuaries will do this. We welcome the client's input in the selection process, and it's important to remember that the earlier a client questions an assumption, the less work it is for the actuary to make the required changes to the valuation. Hildi Incorporated 7 p e ata !equest Data format: Preferred delivery by computer CD, disk, or email. Data in Excel spreadsheets is preferred. Keypunching by Hildi Inc. of scanned information will result in additional data processing time. General List of items needed to perform a GASB 67/68 Actuarial Valuation • Plan Bylaws • Employee/Participant Data • Plan Asset information • Plan Audit and State Filing Information (optional) Plan Provisions/Benefits Information Please include the most recent plan bylaws. Highlight any recent changes that have occurred and summarize any anticipated upcoming changes. Employee/Participant Data Please include the following information as of January 1, 2015 for: Active Participants • Personal ldentification Number (SSN or Employee ID) 9 Name • Gender • Date of Birth (MMDDYYYY) • Date of Hire (MMDDYYYY) (including any pre -calculated service fields) • Years of Pension Service o Current Pension Benefit Level • Most current annual salary information Deferred Pension Participants and Beneficiaries. • Personal Identification Number (SSN or Employee ID) • Name • Gender • Date of Birth (MMDDYYYY) • Date of Hire (MMDDYYYY) • Date of Separation (MMDDYYYY) e Years of Service • Pension Benefit Level o Increases in Pension Benefit Since Separation (if applicable) • Accrued Pension Amount as of January 1, 2015 Hildi Incorporated Retired Particoantoand Beneficiaries (if any_pprticioantsreceivimzmonMh|vbenefits) � Personal Identification Number C5SNorEmployee ID) ° Name ° Marital Status, if relevant * Gender ° Date ofBirth (K8K8OOYYYY) ° Date ofHire (K4K8ODY~YYY) ° Date ofRetirement (K4K4DUYYYY) w Spouse Date ofBirth (MMOOYYYY) ° Pension Benefit Amount � Form ofPension Payment (o.O.Single Life Annuity) You may provide census data inanExcel version ofthe Form SCtemplate. |fyou provide the data )nthis format, please make sure the data )ncurrent ao of January 1. 2015. Please note that annual salary is riot provided on this form; you may provide that data separately. Alternatively, you may use the Excel template that has been attached to this request. Please provide one row ofdata, with all ofthe above information, for each partioipont/spoune. Actuarial Assumptions As an okj in setting assumptions for this study, please send any available information by employee group orintotal that you may have onthe following: * Retirement experience —atwhat ages are participants retiring? * Withdrawal nrturnover — when doparticipants leave the employer? ° Salary increases — what isthe history and what isexpected for increases? Asset Information Please include the following information: » Special Fund trust statements aonfJanuary 1'2V15 * Areconciliation ofassets for the prior year: December 31.2013special fund balance '8enefitn paid to plan participants ' Expenses paid from special fund + State contributions tnspecial fund + Municipal contributions to special fund +/' Investment return December 31.2O14special fund balance ° If the above reconciliation in not svai|ab|e, please provide sufficient statements and other information necessary tncompile it. • Adescription ofthe p|an'nfunding and investment policies |fthe Form RF is available for the current year, w*can rely onthat information. Otherwise, wm can compile itthrough the p|an'ninvestment statements for the year, Other Requested Information (if available) ° Most recent available SC and RF forms filed with the Minnesota Office of the State Auditor = Most recenftavailable relief association pension plan audit Hildi Incorporated Fee �mroposal and l[`y%�eK^ne GASI3 Statement No, 67 indicates that the actuarial valuation date must be no more than 24months prior h]each measurement date. Assuch, vveanticipate that 8full actuarial valuation will borequired every two years. \nthe years where mfull actuarial valuation \snot required, financial reporting can bebased onaprojection of the most recent actuarial valuation. Upon receipt ofall data needed for the project(see the Sample Data Reuue80.the actuarial valuation results can b8prepared within six boeight weeks. Any additional information requested (for example, changes in plan design, actuarial Cont projections) could possibly extend this timeline. However, we try to be flexible whenvvQ' ingwith upcoming audit deadlines. \fyou need your report byoparticular date, wowill doour best \owork with you on8schedule that meets your needs. GASB 67 &08Key Dates GASB 67 applies to accounting for pension plans. Any financial reporting done for the pension plan (Relief Association) should be prepared in accordance with GASB 67 and is effective for the fiscal year ending Denennber31. 2014. G/\S8O8 applies hzaccounting for pension plan sponsors (municipalities). Any financial reporting done for the pension plan sponsor (the City) should be prepared in accordance with GASB 68 and is effective for the fiuoa|year ending December 31`2D15. The valuation date for this actuarial study will boJanuary 1, 2015. All data collected should be asnfJanuary 1.20150rfor the fiscal year ending onDecember 31.2014. The study may be used to prepare financial disclosures for the Relief Association (under GASB 67) for the fisoo| year ending [}ecennber31. 2014 and for the City (under GASB 0D)for the fiscal year ending December 31,2O15. Basic Actuarial Valuation Fees fqrKSASB Statement No. 67 &8O Service Date Basic Fee Summer o/Fall 2O16 Spring orSummor20Y8 Spring orSummer 2D17 Spring nrSummer 2O18 $2.400. as a year in which u full actuarial valuation \xrequired under GASBO7&8O $1.000. presuming this ismyear in which afull actuarial valuation isnot required under GASB67&O8 $2.4OO.msayear inwhich afull actuarial valuation iorequired under GASB67&O8 $1.00 presuming this isuyear in which ofull actuarial valuation ionot required under GA8B07&08 Fee oposal continued These Basic Actuarial Fees include the following: • Teleconferencing with the actuaries on pending or anticipated issues which may affect the actuarial valuation/report. If any work is needed based on one of the outcomes of a teleconference, a fee will be agreed upon before any work is initiated, O Availability via conference call to discuss the results and answer questions. O An Actuarial Report including all information required by GASB Statements 67 and 68. Hildi Inc, will provide an electronic copy. Periodic memos and telephone calls to provide updates on developments that may affect future actuarial reports. The Basic Actuarial Fees are also based on the receipt of clean participant data in the format requested from the Hildi Inc. data request packet. Fees for Additional Actuarial Services Description Auditor Requests Attendance at Additional Meetings Contract Proposals Fee Based on Hourly Rates Based on Hourly Rates To be agreed upon after determination of scope Hourly Rates for Additional Services Description Hourly Rate Strategic Actuarial Consulting and Meeting $275 time Actuarial Calculations $100 - $250 Data and Administrative work $100 — $200 Travel and lodging expenses are not included in the basic fee and will be invoiced separately, if requested. HHdiIncorporated 11 eferences Available upon request. hat distin uishes ildi Inc. from other actuarial firms? The lead GASB Actuaries at Hildi Inc. are all Fellows of the Society of Actuaries — FSAs - We specialize in GASB Actuarial Services - Network of colleagues including legal, trust, and financial services Consistency in actuaries and the team for you from one year to the next Competitive fees - Other ancillary, useful material included in our actuarial reports — not just the "bare bones" results Thorough review of plan provisions and actuarial assumptions with the client, and Thorough explanation of the actuarial report and results. hat are the clients of Hildi Inc. saying? n actuary with a heart!' "You are not typical actuaries." "Thank you for the exhibits that you put together — we love it!" "Thank you for working hard to meet our deadlines." "Thank you for your prompt attention to my request. "Your fees are fair and continue to be. e are not getting nickeled and dimed for every request that we make." Hildi Incorporated 12 ~ � di Inc. ActuarialT�xa UrdahLFSAEA M Jill is a Fellow n[the Society ofActuaries, Enrolled Actuary, and e Member o[the American Academy of Actuaries. Over the past 24 yne/a. J0 has been m retirement actuary and consultant. She has worked with all sized employers, both public and private, to develop their retirement and DPEB strategies. Specific areas of focus include plan design, funding and financing, and administration nen/innn. In addition, Jill has experience with present value calculations for marital dissolutions. Jill worked for two international consulting firms for over 14years invarious capacities, including principal actua/y, managing supnnisor, region recruiting lead, and Society of Actuaries eX3M committee member, Jill has been a featured speaker on GASB 45 at several conferences across the country. Anthony L. Urdahl, FSA EA MSPA Tony is a Fellow of the Society of Actuaries, an Enrolled Actuary, a Member of the American Academy ofActuaries and amember ofASPPA. Hehas over 25years experience wo/kinq with all aspects o(defined benefit pension plans. Prior to joining Hiidi I nc., Tony worked at three large actuarial consulting firms on cash balance and traditional pension plans of all sizes, He was the Senior Resource Actuary in the Minneapolis office of a large actuarial consulting firm and was responsible for technical issues related to defined benefit plans. Tony has extensive actuarial expertise in administration, deniQn, funding, accounting and discrimination testing of cash balance and other defined benefit plans. He also has experience with /]PEB benefit valuations. Tony attends annual national meetings tokeep current onthe latest design and technical )souna related tnself employed individuals, small business owners and corporations of all sizes. Mike is e Fellow of the Society of Actuaries, an Enrolled Aduary, and a Member of the American Academy ofActuaries. Mike iaalso aCFACharterho|dec Mike has worked with the robnannent and OPEB plans offered by large for -profit and not -for profit corporations. Hohas extensive experience With the actuarial valuation ofpension and retiree health and welfare programs for private employers. Mike has been efeatured speaker on the topic of GASB 67 & 68 implementation for Minnesota Relief Association Pension Plans. Mike was anactuarial consultant and investment consultant at aninternational consulting firm for 12years prior tujoining Hi|di Inc. in2O13. Mike was responsible for assisting his clients with aniuoha| vo|uadVns, plan design, plan adrniniotnation, risk manogoment, and investment strategy &implementation. Catherine A, Ermeld'ng,ASA, EA Cathy is an Associate of the Society of Actuaries, an Enrolled Actuary, and a Member of the American Academy ofActuaries. Cathy joined Hi|diInc. in2007. Her primary experience has been working with large and small corporations with pension and OPEB benefit valuations. Cathy has extensive actuarial expertise in odministnation, denign, hundinQ, accounting and discrimination testing of defined benefit plans. Cathy worked for large international consulting fkmfor 13years invarious capaciUeo, including senior associate actuary, managing supervisor, retirement systems specialist, and recruiting specialist. Cathy has over 10 years ofexperience working with all aspects of defined benefit pension plans. Gretchen FaUl, ASA EA M_,*,,*)� Gretchen is an Associate of the Society of Actuaries, an Enrolled AohuVry, and a member of the American Academy ofActuaries. Gretchen joined Hi|di Inc. in 2008. Her p(imaryexperience has been working with large and small corporations with pension and OPEB benefit valuations, Gretchen also has extensive actuarial expertise in pension administration and discrimination testing of defined benefit plans, Before joining Mi|di|nc,Gretchen was nnactuarial consultant at two international consulting firms Gretchen has over 24 years of experience working with all aspects of defined benefit pension plans. Todd Chrun, EA Todd is an Enrolled Actuary and is currently taking exams to attain actuarial fellowship. Todd joined Hik1i Inc. in 2010. Prior to2010. Todd was an actuarial oneooia1n at large actuarial consulting firm inMinneapolis. His primary experience has been working with large and small corporations with pension and OPEB benefit valuations. Todd also has e:tuahm| expertise in pension administration and discrimination testing of defined benefit plans. Todd has 5years of experience working with defined benefit pension plans and post retirement medical plans. Ruth Cunningham Ruth isunactuarial analyst working with GASBreporting and data analysis. Ruth joined MiNiInc. in20O7. Her primary experience ininworking with GAS845.1O.and 27 reporting for public entities. She has extensive experience inthe information requirements and data analysis for these valuations. Ruth has a Fellow Life Management Institute (FLMI) designation and nine years of experience invarious capacities inthe group health insurance division nta large insurance company including benefit description, underwriting, group medical claims, and examiner training. AGREEMENT FOR CONSULTING SERVICES This Agreement for Consulting Services ("Agreement") is entered into and dated October 20'2015byand between Hi|diInc. with offices located at118OOSinO|etree Lane, SuiLe3O5. MinneapUUs, MN 55344 (hereinafter referred hJaSthe ^CVnsUhant")and the City of Lake Elmo with offices located at 3800 Laverne Avenue N0rth, Lake E|nno, Minnesota 55042(hereinafter referred toDsthe ''Cornpany''). Company and Consultant are jointly referred to as the "parties." |NCONSIDERATION [}FTHE MUTUAL PROMISES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACCEPTED, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1D8ScrnUon of Services. Consultant will perform certain services for Company upon terms and conditions specified herein and as such services are more particularly described in ExhibiU8\, which are attached hereto and incorporated by this reference. 2. Prices and PaynlenL Company agrees 0Jpay Consultant the fees set forth inthe applicable EXhibii(S). Consultant anticipates invoicing the Company monthly for services provided. Payment will bedue infull within fifteen (15)days Ofreceipt nf Consultant's invoice. Company eQnaen to pay interest on all overdue amounts at a rate of twelve percent (12%) per 8nnunl or the ns\e oUoVv8d by |avv' which ever is less, p|US costs of collection, court CoS[$, and reasonable attorney fees on all such amounts. 3 Travel Expenses, Company agrees k>reimburse Consultant for its reasonable and necessary out-of-pocket |odging, tnanspod8tiOn, and fond incurred at the Company's request. Consultant agrees to provide reasonable expense documentation, Whenever possible, Consultant agrees totake advantage Vf travel discounts. All air travel by Consultant shall be on major national Or nagi0n@| airlines, and Consultant and its representatives may keep their frequent flier miles earned for their personal usage. 4. Ownership of Work Product. Ownership of, and all rights in, the work product which in the subject matter ofthis Agreement (the 'Work^), including tr@dernarks, patents and copyrights applicable to S8rna. ShG|| belong exclusively to Company. The parties expressly agree to consider as a "vvVrh made for hire" any Work ordered or commissioned by the Company which qualifies as such Under the United States copyright laws. Tothe extent that the Work cannot hea"work made for hire" or where necessary for any other reason, Consultant will provide Company with all such assignments of rights, covenants and other assistance which may be required for CUnlp@ny, through trademark, patent or copyright applications or otherwise, to obtain the hJU benefit of the rights provided for herein. If the Work contains materials previously developed or copyrighted byConsultant Urothers, Consultant grants and GQnmo5 to grant to Connpgny, or obtain for Company, an unrestricted, royalty -free license tUuse and copy such materials. Any license So granted or obtained shall include the right for Company to grant an unrestricted, royalty -free license to any affiliate of Company. Consultant is allowed to retain one copy of the Work for archival purposes. Consultant shall place a copyright notice on the Work at Company's request. The Work shall be considered "Information" under the Section entitled "Nondisclosure." 5. Nondisclosure. Any technical or business information, including, but not limited to, computer programs, files, specifications, drawings, sketches, models, samples, tools, cost data, customer information, financial data, business or marketing plans or other data, whether oral, written or otherwise ("Information"), furnished or disclosed to Consultant hereunder or in contemplation hereof, shall remain Company's property. No license, express or implied, under any trademark, patent or copyright is granted by Company to Consultant by virtue of such disclosure. All such information in written, graphic or other tangible form shall be returned to the Company immediately upon request and copies shall be returned to the Company or, at Company's option, certified by Consultant as having been located and destroyed. Consultant shall be allowed to retain one copy of the Information for archival purposes. Unless such Information was previously known to Consultant free of any obligation to keep it confidential, is lawfully obtained by Consultant from any source other than Company or has been or is subsequently made public by Company or a nonparty to this Agreement, is approved for release by written authorization of the Company, or is required by law to be disclosed in response to a valid order of a court of competent jurisdiction or authorized governmental agency, provided the Company receives adequate notice to allow it to request a protective order and the Consultant reasonably cooperates with the Company's efforts to receive a protective order, it shall be kept confidential by Consultant for the benefit of Company, shall be used only in performing under this Agreement and shall not be used for other purposes except upon such terms as may be agreed upon by Company in writing. Consultant shall take reasonable steps to protect such Information to a similar extent that Consultant protects its own Information, 6. Liability. Consultant shall indemnify Company and its affiliates against, and shall hold Company and its affiliates harmless from, any loss, damage, expense or liability that may in any way arise out of or result from the performance of Consultant hereunder and caused by or resulting from the gross negligence or intentional misconduct of Consultant, including but not limited to any knowing infringement, or claim of infringement, of any patent, trademark, copyright, trade secret or other proprietary right of a third party or of Consultant or anyone claiming through Consultant who may be eligible to terminate any assignment or transfer made hereunder pursuant to the terms of the copyright laws up to the amount paid by the Company to the Consultant under a given applicable Exhibit(s). Consultant shall defend or settle, at its own expense, any action or suit against Company or its affiliates for which it is responsible hereunder. Company shall notify Consultant of any such clairn, action or suit and shall reasonably cooperate with the Consultant (at Consultant's expense) to facilitate the defense of any such claim. 2 7 Limitation. In no event shall company or consultant be liable, one to the other, for indirect, special, incidental, or consequential damages arising out of or in connection with the furnishing, performance or use of any products or services provided pursuant to this agreement. 8. Limited Warranties. Consultant warrants and represents that it has full authority to enter into this Agreement and to consummate the transactions contemplated hereby and that this Agreement is not in conflict with any other agreement to which Consultant is a party or by which it may be bound. Consultant warrants and represents that Consultant has the proper skill, training and background so as to be able to perform in a competent and professional manner and that all work will be performed in accordance with professional standards in the industry and/or field. 9. Headinas. Section headings used in this Agreement are for convenience only, have no legal significance, and in no way change the construction or meaning of the terms hereof. 10. Insurance. Upon request by Company, Consultant shall provide to Company, copies of certificates of insurance evidencing the workers compensation, general liability and automobile insurance coverage that Consultant has in effect and Consultant shall maintain such insurance in effect through the duration of the Agreement. 11. Amendment and Waiver. No provision of this Agreement may be modified, waived, terminated or amended except by a written instrument executed by the parties. No waiver of a material breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or other provisions hereof. 12. Relationship. The Consultant shall be and act as an independent contractor hereunder, and neither Consultant nor any employee, agent, associate, representative or subcontractor shall be deemed to be employees of the Company for any purpose whatsoever. 13. Force Maieure. Neither party will be liable for any failure or delay in performance due to any cause beyond its reasonable control, including, but not limited to acts of nature, strikes, fire, flood, explosion, riots, or wars, provided that personnel changes, including unanticipated employee departures, shall not be considered to be an event or condition of force majeure. 14. Notices. All notices and other communications required or permitted under this Agreement shall be in writing, and hand delivered or sent by registered or certified mail, return -receipt requested, postage prepaid, or by overnight delivery service and shall be effective upon receipt at the following addresses or as either party shall have notified the other party: If to Company: Ms. Cathy Bendel Finance Director City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 If to Consultant: Hildi Inc. 11800 Singletree Lane Suite 305 Minneapolis, MN 55344 Attn: Jill Urdahl, FSA President/Consulting Actuary 15. Assianment. Consultant shall not assign this Agreement or delegate the services to be performed hereunder, in whole or in part, or any of its rights, interest, or obligations hereunder without Company's express written consent. 16. Law Government. This Agreement shall be governed by the laws of the State of Minnesota, without regard to or application of conflicts of law rules or principles. 17. Taxes. Consultant shall assume full responsibility for the payment of all taxes imposed by any federal, state, local taxes or foreign taxing authority and all contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to performance of services for Company hereunder. 18. Termination. Any Exhibit(s) to this Agreement may be terminated by either party upon thirty (30) days written notice to the other party. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party. Company agrees to pay for all services provided by Consultant and related travel expenses incurred by Consultant through the date of termination of the Exhibit(s) and/or the Agreement as applicable. 19. Entire Agreement. This constitutes the entire agreement between the parties regarding the subject matter hereof. This Agreement shall be binding on the affiliates, administrators, executors, heirs, successors in interest, or assigns of Consultant. 4 IN WITNESS WHEREOF, authorized representatives of the Company and the Consultant have executed this Agreement in duplicate. Company: City of Lake Elmo Consultant: Hildi Inc. By: Name: Title: Date: (Authorized Signature) (Print or Type) (Prin( or Type) By: (Authorized Signature) Name: Jill Urdahl Title: President Date: (Please Note; A Signature is required on both page 5 and page 6. Thank you.) Exhibit 1 to AGREEMENT FOR CONSULTING SERVICES Consultant and Rate Schedule Consultant Representative's Name Hikj\Inc, Actuaries and Consultants Consulting Actuaries Base Fees Effective Start Expected End Oaba Date THD TBO The approximate budget for Hik1iInc. consulting services isasfollows: ~ GAOBO7&0OActuarial Valuation (Base YenM: $2'400 ° {3ASB07&08Actuarial Valuation (Projection Yemh� $1'000 These Base Actuarial Fees include the following - An Actuaha|Rmportinc|udingoUinfurmabonnaquiredbyGASBStatemen|G7&58fortha Relief Association pension plan. HUdiInc. will provide mnelectronic copy. ° Availability via conference call to discuss the results and answer questions. " Teleconferencing with the actuaries on pending or anticipated issues which may affect the actuarial valuation/report. If any work is needed based on one of the outcomes of a teleconference, afee will beagreed upon before any work ininitiated. * Periodic memos and telephone calls to provide updates on developments that may affect future actuarial reports. The term of the Agreement for Consulting Services is for the January 1, 2015 GASB 67&68 actuarial valuation and mroll-forward valuation for the following year. The Base Year valuation can be used for the plan (Relief Association) disclosure cycle ending December 31, 2014 and the plan sponsor (cih/)disclosure cycle ending December 31.2015. The Projection Year report can be used for the Relief Association disclosure cycle ending December 31, 2015 and the City disclosure cycle ending December 31.2018. All quotes assume the plan provisions and assumptions remain unchanged from the last actuarial valuation (if oppJicaNa). Additional charges may occur if there isout ofscope work due to inaccurate or insufficient data provided by the Company, changes in funding or �nvenbnmr�po|i�y`�h�ng�ahap|�npnovipiono.orproporUonahanh�nenn|ou|ationu� - _ - SERVICES ORREQUIREMENTS: The Agreement for Consulting Services is dated October 26.2O15. Company, City ofLake Elmo Consultant: FUidilnn. (Authorized Signature) (Authorized Signature) (Date) (Date) (Please No(e: A Signature is required on both page 5 and page 6. Thank you.) / TI-1F (-Try ()E- AKE ELMO AYOR & COUNCIL CO UNICATION DATE: CONSENT ITEM # November 4, 2015 AGENDA ITEM: Wildflower at Lake Elmo — Approve Release of Grading Security SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Cathy Bendel, Finance Director Kyle Klatt, Community Development Director Chad Isakson, Project Manager SUGGESTED ORDER OF BUSINESS if removed from the Consent Attenda): - Questions from Council to Staff.......,... ...... Mayor Facilitates - Public input, if _Mayor Facilitates - Call fOr Motion ..... Mayor City Council ..... ..... Mayor & City Council - Action on ..... Mayor Facilitates POLICY RECOMMENDER: Community Development/Engineerin Finance. FISCAL IMPACT: None. Release of the grading security is in accordance with the approved Development Contract. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving the release of the grading security for the Wildflower at Lake Elmo subdivision. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve the release of the grading security Letter of Credit #996 dated May 13, 2015, for the Wildflower at Lake Elmo subdivision in the amount (0116,000". LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In accordance with the Wildflower at Lake Elmo 1st Addition Development Contract dated August 27, 2015, the developer has provided written request for the release of the grading pag City Council Meeting [Consent Agenda Item .VJ November 4, 2015 security in the full amount of $116,000. The grading work has been reviewed, including all corrective work and punch list items, and all record grading plans have been received and approved by the City Engineering department. Furthermore, the Finance Director has indicated that all financial obligations to date by the developer to the City have been satisfied. RECOMMENDATION: Staff is recommending that the City Council approve the release of the grading security for the Wildflower at Lake Elmo subdivision. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve the release of the grading security Letter of Credit #996 dated May 13, 2015, for the Wildflower at Lake Elmo subdivision in the amount of $116,000". ATTACHMENT(S): 1. Engineer's Letter Approving the Release of Grading Security for the Wildflower at Lake 1st Addition. T|k�CDl'OF D A �,�� K—�Y ��x—� �`�8—� ����^���x`� October 29,IOl5 Mr. Robert Engstrom Robert Engstrom Companies 48OlWest 81xtStreet, Suite lUl Minneapolis, K8N5S437 Re: Wildflower at Lake Elmo Release ofGrading Security Dear Mr. Engstrom: We have reviewed your request dated October 29, 2015i for a release of the grading security for the Wildflower at Lake Elmo subdivision, In accordance with Section 35.A. of the Wildflower at Lake Elmo 1st Addition Development Contract, the grading security amount of $116,000 may be released in full. Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, hn (Jack) @/IGrJfin' P.E. City Engineer cc: Clark 5hroeder,Interim City Administrator Cathy Bendel, Finance Director Kyle K|att,Community Development Director 300Lmerue Avenue North "l,ak Ekno,0inncxom55042 (Tr OF LAKE E LIM 0 AYOR & COU CIL CO UNICATION DATE: CONSENT ITEM # November 4, 2015 AGENDA ITEM: Eagle Point Boulevard Street and Utility Improvements — Change Order No. 2 SUBMITTED BY: Ryan Stempski, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Cathy Bendel, Finance Director Jack Griffin, City Engineer S IJG(; ES'I'El) ORDER ()I,' B US IN ESS.i(remoyed...frrnp the .Consent ./Igendy1 Questions from Council to ..... Mayor Facilitates Public Input, if Appropriate.....,........ ...... ....,...............Mayor Facilitates Call for Motion ..... ..... 'Mayor & City Council ..... Mayor & City Council Action on IViotion Mayor Facilitates POLICY RECOMMENDER: Engineering. 6 FISCAL IMPACT: None. This change order only impacts the Contract substantial completion date for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the Consent Agenda, Change Order No. 2 for the Eagle Point Boulevard Street & Utility Improvements, thereby extending the Contract Times for Substantial Completion by 22 days. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Change Order No. 2 for the Eagle Point Boulevard Street & Utility improvements Project". City Council Meeting [Consent Agenda Item 6J November 4, 2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: This change order extends the contract times for substantial completion by 22 days from October 15, 2015 to November 6, 2015. The time extension for substantial completion is being requested by the Contractor due to rain days and delays caused by other work in the area including private utility relocations and private inigation systems. With approval of Change Order No. 2, the revised Substantial Completion date will be November 6, 2015. RECOMMENDATION: Staff is recommending that the City Council approve Change Order No. 2 for the Eagle Point Boulevard Street & Utility Improvements, thereby extending the Contract Times for Substantial Completion by 22 days. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Change Order No. 2 for the Eagle Point Boulevard Street & Improvements Project". ATTACHMENT(S): . Change Order No. 2. CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA EAGLE POINT BLVD STREET & IJTIUTY IMPROVEMENTS PROJECT O. 2015.120 5 ENGINEERING, inc. CHANGE ORDER NO. 2 DATE; November 4, 2015 TO: MUER EXCAVATING, !NC. , 3635 STAGECOACH TRAd. N, STILLWATER, MN 55082 This Document vel;I become a supplement :o the Contract a fld all p jccn apply hereto. The Contract Documents are modified as follows upon execution of th:s Change Order. CHANGE ORDER DESCRIPTION / JUST Ir:CATION: This change order extends the colco act times for Substantial Cwrolet'ion date by 22 days (from Dauber 15, 2015 to November 6, 2015). Ts extensioli rCquest is dua to rain days, vivate flay r6ocations a conf;ict areas, and private irrigation system relocations causing extended delays to the Contractors schedule. The Final Comp'etion Date of June 15, 2016 remains unchanged. Attachments (list documents supporting rhange) ;TEN. DESCRIPTION OF PAY ITEM UNIT QTY uNiTE INCREASEPDECREASE! NET CONTRACT CHANGE $0.00 Arnount oi Orig n.f;i Contract 5 1,219,491,09 Sum of Additions/Deductions approved to date 5 (28,500,00) Contract Amount to date 5 1,220,994,09 Amount of this Clionge Order 4ADD) (DEYJCT; (NO CHANGE) $ DM Revised Contract Amount $ 1,220,994.09 The Contract Period for Completion wikbs T-L-LNC-KAAt=;..F-T4 (:NCREASED) CD:CR:LASED; APPROVED BY INEER: FOCUS Engineering, ENGINEER DATE APPROVED BY OWNER: CITY OF LAKE ELi'40, MINNESOTA APPROVED BY CONTRACTOR BY DATE BY BY CATE FOCUS Engineering, Inc. DATE 22 days CHANGE ORDER FO1:P4 //n:cxn,`x' �� K��� 8-�u«x«-~ U— LMO MAYOR AND COUNCIL COMMUN'ICATION Retaining wall for Lions Pork Clark Schroeder Clark Schroeder C|urk9obrouder DATE: 11/4K15 CONSENT SUGGESTED ORDER OF BUSINESS: Introduction~..... ----............ ...... --......... ----.------... —S\af[ - KopoU/Posco\uhoo—..... ---........... ...... —...... ...... ...... --....... ---..... —SmO, - Questions from Council to S|u/[... ------............. .... —..... —.... Mayor Facilitates - Public Input, if te—......... ........ —........ .... ............ ___ ....... Mayor Facilitates Call for h4o6un —........ —.--....... ....... --............. —...... Mayor & City Council Discussion ----...... -------...... -----.----_—Mayor XcCity Council Action oil Motion ----.-------................... .--.—'............ Mayor Facilitates SRY ANDIACTIONREO0E8T£D: Change order oodowntown phase one project BACKGROUND AND STAFF REPORT: As part of the Laverne Strcc|/scwcns'oon water project phooeoncu (mU was added between the s|rcr| and thc ba|idold. Due to this addition of (mii (lie o|cvadou of the ground next to the bleachers and (bc trail is no longer gradual ( see pictures below). /\retaining wall needs to be put in before the trail call be paved. If not for the retaining wnU' the pavement would be compromised u8cr the first hard rain. The construction contractor is honing to pave the street and the boi\ within the orx{ 0Juva. The overall cox should he roughly $11.00 to $13.00 based on what you include. Due to |`dgh\ and satety considerations, o,nHiog/&xceoyxomcsort will need |obeadded inthe spring nopeople don't step off the Thioi000email (o3EDdetailing oomeofthe cost for the wall, From; "Keith Herman" <keith@npainc.net^ Date: Oc\oberJ9, 2015 at3:Z6:43 PM CDT To: "Jeff Thene"4thene@sehinc.com> Cc kepeterson@sehinc.com'"Chad |sakson" <chadjsakson@focusengineerin8inccom>,kank1icknor@pco.washington.mn.us' "'&rent]ensen"'<brent8Pnpaincnet> Subject: Ball Field Retaining Wall ]eff' Here is pricing for a "field fit" retaining wall at the ball field, pricing does not include any fencing or railing. Let me know if we are to move forward with this, Great Northern is ready atany time. Thanks! Retaining Wall (Approx.3OUSF): $3I00/SF Price includes excavation, class S,block, l2^drain rock, installation &back0Uwith onsitematerials. Square Footage pay price to include the base (buhed)block. Concrete Slab Removal: $I65/SY—(Same unit price asinthe proposal for Remove Concrete Driveway Pavement) Remove Player's Bench: $4OO.00(Reinstall & Slab byothers) Move Bleachers: $I50.00 (Relocate to left field foul ball territory, Reinstall & Slab by others) | RECOMMENDATION: no motion needed, just ityOrmation about a change order Ti CITY OF KE ELMO AYOR & COUNCIL COM UNICATION DATE: November 4, 2015 CONSENT ITEM MOTION AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Clark Schroeder, City Administrator SUGGESTEI) (IDER OF BUSINESS: Introduction of Item ...... ... City Administrator „ _ . „City Administrator Questions from Council to ..... Mayor Facilitates Call for Motion ........ ...... ........ Mayor & City Council ........ ...... .„..„ ..... Mayor & City Council Action on Motion.. ...... Facilitates SUMMARY AND ACTION REOUESTED.: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through September, 2015. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 2015 2014 2013 New Homes 88 20 28 Total valuation S28,959,699 $11,951,684 $12,578,294 Average home value 329,087 597,584 449,224 Total Valuation YTD 33,787,874 21,609,205 15,411,491 One new home rebuilt in 2015 due to fire. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the September, 2015 monthly new home building permit report. -- page Permit Kind Permit Type: BUILDING CITY OF LAKE ELMO Valuation Report - Summary Issued Date From: 1/1/2015 To: 9/30/2015 Permit Type: All Property Type: All Construction Type: All Include YTD: Yes Perniit Count Valuation Dwell Units COMMERCIAL ADDITION 1 $10,000.00 0 COMMERCIAL CELL TOWER UPGRADE 1 $I2,500.00 0 COMMERCIAL FENCE 1 $27,000.00 0 COMMERCIAL NEW CONSTRUCTION 1 $145,000,00 0 COMMERCIAL REMODEL 2 $130,000.00 0 COMMERCIAL ROOFING 1 $30,000.00 0 COMMERCIAL SIGN I 519,200.00 0 COMMERCIAL TENNANT BUILDOUT 2 $1,555,000.00 0 PUBLIC SOLAR PANEL INSTALL 1 $135,000,00 0 SINGLE FAMILY ACCESSORY BUILDING 7 $135,972.00 0 SINGLE FAMILY ADDITION 9 $485,765.00 0 SINGLE FAMILY ALTERATION 16 $104,900,00 0 SINGLE FAMILY ATTACHED NEW CONSTRUCTION 22 $4,470,000.00 0 SINGLE FAMILY BASEMENT FINISH 13 $312,000.00 0 SINGLE FAMILY DECK 25 $157,235.00 0 SINGLE FAMILY DEMOLITION I $3,000.00 0 SINGLE FAMILY DOOR 10 $46,560.00 0 SINGLE FAMILY DRAIN TILE WATERPROOFING 1 $5,523.00 0 SINGLE FAMILY NEW CONSTRUCTION 66 $24,489,699.25 0 SINGLE FAMILY POOL 7 $139,440.00 0 SINGLE FAMILY REMODEL 15 $725,180.00 0 SINGLE FAMILY REPLACE/REPAIR 2 $43,000.00 0 SINGLE FAMILY SOLAR PANEL INSTALL 4 $92,438,00 0 SINGLE FAMILY WINDOWS 38 $513,462.00 0 Permit Type: BUILDING - Total Report Total: Period 247 S33,787,874.25 0 YTD 247 $33,787,874.25 0 Period 247 $33,787,874.25 0 YTD 247 S33,787,874.25 0 10/3012015 Page 1 of 1 Pernik Kind CITY OF LAKE ELMO Valuation Report - Summary Issued Date From: 1/1/2014 To: 9/30/2014 Permit Type: All Property Type: All Construction Type: All Include YTD: Yes Permit Count Valuation Dwell Units Permit Type: BUILDING COMMERCIAL ACCESSORY BUILDING 1 S21,605.00 0 COMMERCIAL ALTERATION 7 $500,500.00 0 COMMERCIAL NEW CONSTRUCTION 3 $5,603,652.00 0 COMMERCIAL REMODEL 3 $980,422.00 0 COMMERCIAL ROOFING 1 $128,246.00 0 COMMERCIAL SIDING 1 $20,000,00 0 COMMERCIAL SIGN I $8,928,00 0 COMMERCIAL TENNANT BUILDOUT 1 520,250.00 0 MANUFACTURED I IOME DOOR I $2,734.00 0 PUBLIC ROOFING 1 $5,000.00 0 SINGLE FAMILY ACCESSORY BUILDING 8 $114,307.00 0 SINGLE FAMILY ADDITION II $1,159,600.00 0 SINGLE FAMILY ALTERATION 9 $136,300,00 0 SINGLE FAMILY BASEMENT FINISH 12 $235,673.00 0 SINGLE FAMILY DECK 15 $115,645.00 0 SINGLE FAMILY DOOR 6 $27,675.00 0 SINGLE FAMILY DRAIN TILE WATERPROOFING 1 $2,950,00 0 SINGLE FAMILY FIRE / STORM DAMAGE 1 520,712.92 0 SINGLE FAMILY FIREPLACE 1 $5,923.68 0 SINGLE FAMILY NEW CONSTRUCTION 20 $11,951,684.00 0 SINGLE FAMILY POOL 6 $99,000.00 0 SINGLE FAMILY REMODEL 9 S206,501.00 0 SINGLE FAMILY REPLACE/REPAIR 3 $14,500.00 0 SINGLE FAMILY SOLAR PANEL INSTALL 1 $8,000.00 0 SINGLE FAMILY THREE SEASON PORCH I S20,000.00 0 SINGLE FAMILY WINDOWS 20 S199,397.00 0 Permit Type: BUILDING - Total Report Total: Period 144 S21,609,205.60 0 YTD 144 521,609,205.60 0 Period 144 521,609,205.60 0 YTD 144 521,609,205.60 0 10/30/2015 Page 1 of 1 Permit Kind CITY OF LAKE ELMO Valuation Report - Summary Issued Date From: I/1/2013 To: 9/30/2013 Permit Type: All Property Type: All Construction Type: All Include YTD: Yes Permit Count Valuation Dwell Units Permit Type: BUILDING COMMERCIAL ALTERATION 3 $698,000.00 0 COMMERCIAL REMODEL I $13,000.00 0 COMMERCIAL SIGN I $500.00 0 COMMERCIAL VALUATION OTHER 1 $52,000.00 0 PUBLIC ALTERATION 2 $16,500.00 0 SINGLE FAMILY ACCESSORY BUILDING 13 $218,799.00 0 SINGLE, FAMILY ADDITION 3 $96,000.00 0 SINGLE FAMILY ALTERATION 20 $598,529,00 0 SINGLE FAMILY BASEMENT FINISH 14 $254,147.00 0 SINGLE FAMILY DECK 18 $265,556.00 0 SINGLE FAMILY DOOR 5 $19,371.00 0 SINGLE FAMILY NEW CONSTRUCTION 28 $12,578,294,00 0 SINGLE FAMILY OTHER FIXED 1 $9,500.00 0 SINGLE FAMILY POOL 9 $219,300.00 0 SINGLE FAMILY REMODEL 6 $132,500.00 0 SINGLE FAMILY REPLACE/REPAIR 4 $22,726.00 0 SINGLE FAMILY VALUATION OTHER 2 $30,928.00 0 SINGLE FAMILY WINDOWS 19 $185,841.82 0 Permit Type: BUILDING - Total Permit Type: PLUMBING SINGLE FAMILY INSTALL Permit Type: PLUMBING - Total Report Total: Period 150 $15,411,491.82 0 YTD 150 $15,411,491.82 0 $5,000.00 0 Period 1 $5,000.00 0 YTD 1 $5,000.00 0 Period 151 $15,416,491.82 0 YTD 151 $15,416,491.82 0 10/30/20 15 Page 1 of 1 Inspection Type CITY OF LAKE ELMO Inspection Statistics Report - Detail Actual Date From: 1/1/2015 To: 9/30/2015 Permit Type: All Property Type: All Construction Type: All Pass Fail No Status Reinsp Period Total YTD Total ENGINEER ACCEPTANCE LETTER 1 0 0 0 1 1 ACCESSORY FOOTING 1 0 0 0 I 1 ADDITION FINAL 1 0 0 0 1 I ACCESSORY FOUNDATION I 0 0 0 1 I ALARM FINAL 1 0 0 0 1 1 AS BUILT 15 4 1 2 22 22 AIRTEST 2 0 0 0 2 BALANCE REPORT 1 0 0 0 1 I BUILDING FINAL 98 36 3 31 168 168 BACTERIOLOGICAL & HYDRO 1 (I 0 0 1 I DECK FINAL 14 3 0 3 20 20 DECK FOOTING 9 1 0 1 II 11 DEMOLITION FINAL 0 1 0 0 I I DECK FRAMING 1 0 0 0 I 1 ELECTRICAL FINAL 185 0 0 0 185 185 ELECTRICAL ROUGH TN 81 0 0 0 81 81 ENGINEER REPORT 1 0 0 0 1 I ESCROW FINAL 21 71 0 7 49 49 EXTERIOR UNDERLAY MENT 4 3 0 3 10 10 FIRE ALARM FINAL 3 I 0 1 5 5 FIRE ALARM ROUGH 2 0 0 0 2 -, _ FINAL CERT, OF OCCUPANCY 2 0 0 0 2 2 FENCE FINAL 7 0 0 0 7 7 FINAL 22 0 0 0 22 22 FIREPLACE ROUGH IN 76 4 0 4 84 84 FIRE 2 0 0 0 2 2 FOUNDATION 93 0 0 I 94 94 FOOT1NGS/SLAB 149 6 0 7 162 162 FINAL/ORSAT 4 0 0 1 5 5 FIREPLACE FINAL 12 1 0 1 14 14 FRAMING 139 1,5 1 15 170 170 FRAMING ROUGH IN 13 1 0 1 15 15 FIRE SPRINKLER ROUGH CAR WASH 1 0 0 0 I 1 FIRE SEPERATION WALL 13 0 0 0 13 13 FIRE SUPPRESSION FINAL 11 4 0 2 17 17 FIRE SUPPRESSION ROUGH IN 1 (1 0 0 1 1 FUEL TANK FINAL 1 0 0 0 1 I FOUNDATION / WATERPROOF / DRAIN 89 8 0 8 105 105 GARAGE GYP BOARD 1 0 0 0 1 I GASLINE / AIRIEST 96 4 0 4 104 104 HEATING FINAL CARWASH 1 0 0 0 1 1 HEATING ROUGH 2 1 0 0 0 1 1 HOUSE WRAP 16 1 0 1 18 18 IN FLOOR HEAT AIR TEST 6 0 0 0 6 6 INSULATION 91 1 0 1 93 93 LATH 62 2 0 2 66 66 HEATING FINAL 120 14 2 14 150 150 HEATING ROUGH IN 1 II 3 0 3 117 117 MOBILE HOME SETUP 3 0 0 0 3 3 FIRE SPRINKLER ROUGH 19 1 1 1 22 22 SITE NOTES 1 I 2 0 4 4 0/30/20 15 Page 1 o12 Inspection Type Pass Fail No Status Reinsp Period Total YTD Total OCCUPANCY FINAL I 0 0 0 1 I OTHER 3 0 1 0 4 4 PLUMBING FINAL CARWASH 1 0 0 0 I 1 PIER FOOTINGS 2 0 0 0 2 2 PLUMBING FINAL 116 14 0 9 139 139 POOL FINAL 3 1 0 0 4 4 PLUMBING ROUGH IN 106 4 1 4 11_5 115 PLUMBING ROUGH 2 1 0 0 0 I 1 PLUMBING UNDERGROUND 84 I 0 I 86 86 POOL FOOTING 1 0 0 0 1 1 RADON POLY 84 8 0 7 99 99 REMODEL FINAL 0 1 0 0 1 1 RESTORATION 1 0 0 0 1 1 ROOFING FINAL 20 4 0 I 25 25 ICE & WATER 19 2 0 0 21 21 ROUGH 5 0 0 0 5 5 SCREEN PORCH FOOTING 1 0 0 0 1 1 SCREEN PORCH FRAMING I 0 0 0 1 1 SEWER & WATER 113 6 0 5 124 124 SEWER 1 0 0 0 1 I SHEATHING 9 0 0 0 9 9 SIDING FINAL 10 1 0 0 11 I I FOOTINGS SIGN 1 0 0 0 1 1 SILT FENCE 4 1 1 I 7 7 SITE MEETING 4 0 1 0 5 5 SITE PLAN REVIEW 1 0 0 0 1 1 SMOKE C/O UPDATE 0 I 0 0 1 1 SPRINKLER FINAL 2 0 0 0 2 2 SPECIAL INSP REPORTS 4 1 0 1 6 6 15" Buoy per ordinance 3 2 0 1 6 6 SWIMMING POOL ROUGH 1N 1 0 0 0 1 1 UNDERGROUND 1 0 0 0 1 1 WATER CONNECTION 2 1 0 1 4 4 POURED WALL 5 0 0 0 5 5 WINDOW REPLACEMENT 27 3 0 3 33 33 WINDOW WELL EGRESS 2 0 0 0 2 2 Report Totals 2,245 187 14 148 2,594 2,594 10/30/2015 Page 2 of 7 Inspection Type CITY OF LAKE ELMO Inspection Statistics Report - Detail Actual Date Front: 1/1/2014 To: 9/30/2014 Permit Type: All Property Type: All Construction Type: All Pass Fail No Status Reinsp Period Total YTD Total ENGINEER ACCEPTANCE LETTER I 0 0 0 I I ACCESSORY BLDG REMOVAL 1 0 0 0 1 1 AS BUILT 17 1 0 4 17 17 AIRTEST 4 0 0 0 4 4 BALANCE REPORT 1 0 0 0 1 I BUILDING FINAL 64 27 1 25 117 117 CANOPY FOOTINGS I 0 0 0 1 I COLUMNS FOOTING 2 0 0 0 2 DECK FINAL 2 7 0 I 5 5 DECK FOOTING 3 2 0 1 6 6 DEMOLITION 1 0 0 0 1 1 DRAIN TILE 2 0 0 0 7 2 ELECTRICAL FINAL 101 0 0 0 101 101 ELECTRICAL ROUGH IN 71 0 0 0 71 71 EMERGENCY LIGHTING 1 0 0 0 1 1 EROSION CONTROL 1 0 0 0 1 1 ESCROW FINAL 23 14 I 18 56 56 FIRE ALARM FINAL 4 1 0 1 6 6 FIRE ALARM ROUGH 2 0 0 0 2 2 FINAL CERT. OF OCCUPANCY I 0 0 0 1 1 FOUNDATION CAR WASH 1 0 0 0 1 1 FENCE FINAL 7 0 0 0 7 7 FINAL 76 4 0 4 34 34 FIREPLACE ROUGH IN 47 6 1 10 64 64 FIRE 0 1 0 0 I I FLOOR FRAMING 1 0 0 0 1 I FOOTING CARWASH 1 0 0 0 1 1 FOUNDATION 25 4 1 2 .i.:. "7 32 FOOTINGS/SLAB 69 3 0 4 76 76 FFNAL/ORSAT 2 0 1 0 3 3 FIREPLACE FINAL 19 1 0 1 71 ?I FOUNDATION PRIOR TO BACKFILL 2 0 0 0 2 2 FRAMING 2 4 0 0 0 4 4 FRAMING 61 19 0 17 97 97 FRAMING ROUGH IN 11 3 0 4 18 18 FIRE SUPPRESSION FINAL 1 0 0 0 1 1 FIRE SUPPRESSION ROUGH IN 3 0 0 0 3 3 FOOTING TRASH ENCLOSURE 1 0 (1 0 I I FUEL TANK ROUGH 1 0 0 0 1 I FOUNDATION / WATERPROOF / DRAIN 74 4 0 4 32 32 GASLINE / AIRTEST 44 5 0 4 53 53 GEO REPORT 2 0 0 0 2 2 HEATING ROUCil I 2 3 0 0 0 3 3 HOUSE WRAP 8 1 0 1 10 10 IN FLOOR. HEAT AIR GAR W ASI1 1 0 0 0 1 1 TN FLOOR HEAT AIR TEST 9 0 0 0 9 9 INSULATION CARWASH 1 (1 0 0 1 1 INSULATION 49 6 0 6 61 61 KLMA ACCEPTANCE REPORT 0 1 0 0 I 1 LATH 11 0 0 0 11 11 HEATING FINAL 50 13 0 11 174 74 l'atu 1 of 2 10/30/2015 Inspection Type Pass Fail No Status Reinsp Period Total YTD Total HEATING ROUGH IN 47 6 2 5 SITE NOTES 1 0 2 0 PLUMBING BASEMENT ROUGH 1 0 0 0 PLUMBING FINAL 45 9 0 7 POOL FINAL 2 0 0 0 PLUMBING ROUGH IN 49 6 0 4 PLUMBING ROUGH 2 1 0 0 0 PLUMBING UNDERGROUND 22 2 0 2 PLUMBING VISUAL II 1 0 1 POOL FOOTING 1 0 0 0 PRECON MEETING 2 0 0 0 PUMPING REPORT 1 0 0 0 PLUMBING VISUAL CARWASH 1 0 0 0 RADON POLY 25 3 0 3 ROOFING FINAL 39 3 0 3 ICE & WATER 38 2 0 2 ROUGH 5 0 0 0 SCREEN PORCH FOOTING I 0 0 0 SEWER & WATER 17 2 0 2 SEWER 4 0 0 0 SIDING FINAL 4 I 0 1 FOOTINGS SIGN 1 0 0 0 SILT FENCE 21 7 0 7 SITE MEETING 4 0 2 0 SOIL TEST/GEO-REPORT 1 0 0 0 SPANCRETE 2 0 0 0 SPRINKLER FINAL 1 0 0 0 SPRINKLER ROUGH IN 1 0 0 0 STORM SEWER 2 0 0 0 SITE UTILITIES 1 0 0 0 15" Buov per ordinance 2 1 0 1 UNDERGROUND 1 0 0 0 WATER CONNECTION 2 0 0 0 WALL FOOTING 1 0 0 0 POURED WALL 7 0 0 0 WATER 1 0 0 0 WATER SERVICE CONNECTION 1 0 0 0 WELL A BANDONEMENT 1 0 0 0 WINDOW REPLACEMENT 11 1 0 1 WIRSBO 8 0 0 0 . .. . Report Totals 1,168 162 11 157 60 60 3 3 1 1 61 61 2 2 59 59 26 1 1 26 13 13 1 2 2 31 31 45 45 5 42 42 1 1 21 21 4 4 6 6 1 1 35 35 6 6 2 2 1 1 1 1 1 1 2 1 1 4 4 1 1 2 2 1 1 7 7 1 1 1 1 1 13 13 8 8 1,498 1,498 10/30/2015 Page. 2 of 2 Case Summary Email Other Phone letters Walk -In Web Contact Total: Violation Types Exterior storage Debris Accumulation Trash General Vehicle/Trailer Parking Snowbirds/On-Street Outdoor Storage Nulsance/Noise/Etc, Property Maintenance Sign Violations shed Zoning/Animals Fence Work hours/Cons Exterior Lighting drainage Auto repair Snow/Grass Total: Inquiries Email Walk-in Phone Other Web Total) Inspections Site visits Vacant Total: Case open Case closed Change: Abatements Citations Resolutions R.O.W. Signs e- 2 e- m rr, 4.4 E c _▪ c 2015 . E E . . t.'... ra a: ro t o ra Lo >- 4 2 6; 17 2 4 28 2 1 15 18 0 38 0 0 () 0 0 1 0' 1 0 1 O. 1 1 ' 1 3 11 2 2 15 20 16 13, 49 3 13 91 25 8 f 8 97 1 0 2 3 7 1 4 12 1 1 2 4 3 3 22 2 0 2,' 4 6 4 5' 15 2 2 1 9 2 : 2 26 4 2 0, :6 1 1 3 , 5 0 0 0' 0 ' 0 11 22 6 .12 4-0 36 r 27 27 90 8 14 r , 27 53 14,-, 0 ' 0 14 197 O 2 2 1 i 1 i 0 3 O 1 1 ' 0 ' 0 1 0 1 1 1) 1 0 1 2 2 3 3 2, 8 1 ' .1 12 O 0 1 n of 0 O r 0 2, 2 0 2 3 4 7 3 3 3 2 5 1 1 16 O 0 0 1 1 1 0 8 8 1 1 0 9 1 1 1 1 n 0 2 O . 0 0 0 0 O 1 1 0 0 1 2 2 : 0 3 ' 3 0 5 2 2. 1.,' 1 0 0 3 1 1 2: 0 0 1 0 O 2 1 3 2 , 1 .,_ 1 1 5 4 6 15 11 6 . . _ 4 , 2 11. 17 4 0 0 . 4 4 2 61 12 2 4 2 8 2 1 15, 18 2 0 2' 4 6 4 5' 15 2 2 1' 5 2 11 2 2 15 20 16 13, 49 3 13 9 25 8 0 0 0; 0 0 1 0 1 0 1 0' 1 1 4 2 .6 1 1 3 5 0 0 0 0 r) 0 rr 0 7 3 7, 17 18 10 21 49 4 9 13 26 6 : 0 0 0 0 2 2; 4 6 2 1, 9 2 2 4 3 1' 1 4 2 3 9 2 1 3 0 0 1 1 0 1 0 0 0 0 6 0 0 0 3 1 0 0 0 0 6 67 38 26 97 3 11 0 98 0 0 20 14 0 0 2 0 th (Tr,- or, K E ELMO AYOR & COU C1LCO UNICATIO DATE: November 4, 2015 CONSENT ITEM # 9 AGENDA ITEM: Approval of Massage Therapy License Renewals SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Clark Schroeder, Interim Administrator REVIEWED BY: Dave Snyder, City Attorney POLICY !:xc.(;)AiwNp..4: City Staff SUMMARY AND ACTION REOUESTED: The City has received four Massage Therapy License Renewal Forms. Staff is requesting approval of three applications: Renew & Recover Massage Therapy, Body & Soul, Inc. and Jennifer Mertes. The fourth application, from Nirvana Massage and Spa, has been reviewed by the City Attorney and the City has granted itself an additional 60 days to consider that application. It is anticipated that the Nirvana application will come before the Council at a later date for consideration. LEGISLATIVE HISTORY: The City of Lake Elmo instituted a city license structure in December of 2012 in order to better regulate the practice of therapeutic massage in Lake Elmo. Licenses are subject to renewal each year. RECOMMENDATION: If removed from consent, staff recommends the following motion: "Move to approve Massage Therapy License renewals for Renew & Recover Massage Therapy, Body & Soul and Jennifer Mertes as presented." pag TI IE CITY OF LAKE ELMO Print Applicant Name: MASSAGE LICENSE, RENEWAL This fo 711 May be used 117 place of a full Massage Therapy License Application, for the renewal of a previously issued massage license, ONLY f you are able to answer "Aro" to all of the ,following questions. These questions apply to the previous licensing period. If you answer "Yes" to any of the following questions, a full massage license application must be completed. (Circle the appropriate response) ere there any changes in the name, location, or ownership of the licensed therapist or premises? Yes or,,. No 2. Was any employee, owner or officer of the business or corporation, or the business as an entity, charged with a violation of state or local laws regulating the practice of massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent _conduct, or keeping of a disorderly house? r No Did any employee, owner or officer of the business or corporation, or the business as an entity, have a similar license denied or revoked by another agency? Yes or No 4. Was any employee, owner or officer of the business or corporation, or the business as an entity, charged with any violation of any other law or ordinance related to the operation of the business? Yes or -No By signing below, you are indicating that the answer to questions 1 through 4 is "No". Any inaccurate information contained on this form shall constitute grounds for the non -renewal or revocation of the massacre license and potential criminal prosecution. ( — Api3lican Signature Subscribed and sworn before me this Not ry Publi ay f 00-tber 7 Date , 20E1 ULIET RENEE JOHNSON Notary Public -Minnesota reEs Jn 31, TIM CITY OF LAKE ELMO Print Applicant Name: \e lebo IZeavel tCt 5ibtey MASSAGE LICENSE RENEWAL FO This form may be used in place of a fitil Massage Therapy License Application, for the renewal of a previously issued massage license, ONLY if you are able to answer "No" to all of the following questions. These questions apply to the previous licensing period. f you answer "Yes" to any of the following questions, a full massage license application must be completed. (Circle the appropriate response) I . Were there any changes in the name, location, or ownership of the licensed therapist or premises? Yes or 2. Was any employee, owner or officer of the business or corporation, or the business as an entity, charged with a violation of state or local laws regulating the practice of massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house? Yes or(No) 3. Did any employee, owner or officer of the business or corporation, or the business as an entity, have a similar license denied or revoked by another agency? Yes or No 4. Was any employee, owner or officer of the business or corporation, or the business as an entity, charged with any violation of any other law or ordinance related to the operation of the business? Yes or Si o By signing below, you are indicating that the answer to questions 1 through 4 is "No". Any inaccurate information contained on this form shall constitute grounds for the non -renewal or revocation of the massage license and potential criminal prosecution. Applicant Signature Subscribed and sworn before me this lc - Date day of OC.' tC4i:JOY , 20 ULIET RENEE JOHNSON Notary Public-Minne&ota THE (Try or, LAKE ELMO Print Applicant Name: c MASSAGE LICENSE RENEWAL FORM This form may be used in place of a Massage Therapy License Application, for the renewal of a previously issued massage license, ONLY if you are able to answer "No" to all of the following questions. These questions apply to the previous licensing period. If you answer "Yes" to any of the following questions, a full massage license application must be completed. (Circle the appropriate response) 1.. Were there any changes in the name, location, or ownership of the licensed or premises? Yes or. No Was any employee, owner or officer of the business or corporation, or the business as an entity, charged with a violation of state or local laws regulating the practice of massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent condt keeping of a disorderly house? Yes o • Did any employee, owner or officer of the business or corporation, or the busines an entity, have a similar license denied or revoked by another agency? Yes o 4. Was any employee, owner or officer of the business or corporation, or the business as an entity, charged with any violation of any other law or ordinance related to the operate of the business? Yes By signing below, you are indicating that the answer to questions 1 through 4 is "No". Any inaccurate information contained on this form shall constitute grounds for the non -renewal or reyocation of the massage license and potential criminal prosecution. >A(CLut,0 Applicant Signature Subscribed and sworn before me this day o Date +0( , 20 ( ULIET RENEE JOHNSON Notary Public -Minnesota 2020 TI IE CITY OF LAKE ELMO Print Applicant Name: L1k4,vi-c4) MASSAGE LICENSE, RENEWAL FO This form may be used in place o c full Massage Therapy License Application, for the renewal of a previously issued massage license, ONLY if you are able to answer -No" to all of the following questions. These questions apply to the previous licensing period. If you answer "Yes" to any of the,following questions, a ftill massage license application must be completed. (Circle the appropriate response) 1. Were there any changes in the name, location, or ownership of the licensed thejapist or premises? Yes or o) 2. Was any employee, owner or officer of the business or corporation, or the business as an entity, charged with a violation of state or local laws regulating the practice of massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house? Yes or No\ Did any employee, owner or officer of the business or corporation, or the business an entity, have a similar license denied or revoked by another agency? Yes or No 4. Was any employee, owner or officer of the business or corporation, or the business as an entity, charged with any violation of any other law or ordinance related to the oper41on of the business? Yes or No By signing below, you are indicating that the answer to questions I through 4 is "No". Any inaccurate information contained on this form shall constitute grounds for the non -renewal or revocation of the massage license and potential criminal prosecution. ApIicant S\gnature Subscribed and sworn before me this Notary Pu Date UUET RENEE JOHNSON Notary Public»Minnesota Conoi Expire; Jan 31, 2020 October 29, 2015 Craig Zorn 1315 Greeley Street S., #1 Stillwater, MN 55082 LEGAL Nirvana Massage and Spa Attn: Craig Zorn 11240 Stillwater Blvd. N. Lake Elmo, MN 55042 Re: Nirvana Massage and Spa Renewal Application Mr. Zorn: This letter is to address portions in your Therapeutic Massage License renewal application of October 6, 2015. Pursuant to City Ordinance 5 114.15(A), the city issues renewals in a form designated by the issuing authority. The full language of the applicable section is as follows: Applications for the renewal of an existing license shall be made at least 30 days prior to the date of the expiration of the license and shall be made in such form as the issuing authority requires. If, in the judgment of the issuing authority, good and sufficient cause is shown by an application for the applicant's failure to submit a renewal application before the expiration of the existing license, the issuing authority may, if the other provisions of this chapter are complied with, grant the renewal application. The form designated by the City is the Massage License Renewal Form, which you filled out and returned to the City on October 6, 2015. First, your renewal application was made less than 30 days prior to the date of the expiration of your license, which is October 31, 2015. No explanation was given as to why it came late. However, second and more importantly, you answered "yes" to question 2 on the renewal form, which asks "[w]as any employee, owner or officer of the business ... charged with a violation of state of local laws regulating the practice of massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house." The form, as you are aware, indicates as follows: 56 East Broadway Avaru!. Suite 206 OSt Lake, il/N 5502,) p 651.464.7292 f 6544(447348 johnsonturnercom FOREST LAKE LAKE ELMO WOODBURY BLAINE Craig Zorn Nirvana Massage and Spa October 30, 2015 Page 2 This form may be used in place of a full Massage Therapy License Application, for the renewal of a previously issued massage license, ONLY if you are able to answer "No" to all of the following questions. These questions apply to the previous licensing period. If vou answer "Yes" to any of the following questions, a full massage license application must be completed, As a result of the "yes" answer, and as designated on the form, you are required to fill out a full massage license application, and cannot use the Massage License Renewal Form. In the interim, and to the extent you wish to operate Nirvana Massage and Spa at some point in the future, please first complete a full license application pursuant to City Ordinances §§ 114.11 and 114.07, which will be submitted to the City Council after review and investigation by the issuing authority, pursuant to City Ordinance § 114.13. Finally, it is my understanding that you have attempted to discuss with the City Clerk matters relating to your lawyer. Please direct further communications to our office. Sincerely, JOHNI--t--TyRNER LEGAL avid K. Snyder DKS/mah cc. City Clerk Randy Tigue (via U.S. mail and e-mail: tiguelaw@msn.com) Craig Zorn I315Greeley Street S,#1 Stillwater, MN5S082 TUECRl OF IAKEELMO Nirvana PWasoagcand Spa Attn: Craig Zorn I124OStillwater Blvd, N. Lake Elmo, MNSS042 Re: Nirvana Massage and Spa Renewal Application Mr. Zorn, This letter is to inform you of the City of Lake Elmo's election to extend the timeline under which the final decision on your Massage License renewal application of October 6, 2015 must be made, Pursuant to Minn. SLat. § 15.99 subd. 3(f), the City is granting itself an additional 60 days in order to make a decision. The reason for such extension is due to the pending criminal charges against one of your employees, which must be fully investigated and reported on in order for the City to make a fully informed decision as to whether Nirvana Massage and Spa has violated City Ordinances and/or State and Federal law and evaluation ofafull massage license application. Sincerely, e]ohnson City Clerk City ofLake Elmo CC. City Attorney Randall Tigue(via U.S.mail and e'maiLh¢ue/om@msn.(om TI ii (;Fr' or, LAKE ELN 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION, DATE: CONSENT ITEM #: 10 11/4/15 Request to add Lake Elnio Trails to Washington County CIP Clark Schroeder Clark Schroeder Shane Weis SUGGESTED ORDER OF BUSINESS: Introduction of Item Staff Report/Presentation Staff Questions from Council to Staff.. Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion ... ....... ..... .................. . .......... ....... . ...... Mayor & City Council Action on Motion Mayor Facilitates PUBLIC POLICY STATEMENT MOVE TO ASK WASHINGTON COUNTY TO ADD LAKE ELMO TRAILS TO THEIR 2016-2020 CIP SUMMARY AND ACTION REOUESTED: Lake Elmo Parks commission is requesting that a proposed Trail along County 14 be added to the 2016-2020 Washington County CIP. BACKGROUND AND STAFF REPORT: Washington County will be developing a Master Plan for a North -South trail that would go from 1-94 to Highway 36. This is a leg of the north south trail eventually leading from Cottage Grove to Big Marine Park. It has yet to be determined where that trail would be within Lake Elmo. It could be on Manning, along Lake Elmo Ave, or through the Lake Elmo Park Preserve. They will be bringing on a consultant to analyze the different routes and present to the County where they should put in a N/S route, There has been discussion at the city level of advocating for an east - west route along the new County Road 14. This trail could connect Oakdale to a north trail going up to Stillwater. Any decision on an E/W trail would need to wait until the N/S route has been determined and adopted by the county. Supplement trails can only be analyzed after the N/S route has been nailed down as these trails would feed into it. The master plan process should begin in the spring of 2016. The city of Lake Elmo is requesting that Washington County add an east -west trail to their 2016-2020 CIP in order to help citizens of Washington County traverse across the county Following is the notice from the County for accepting public comments concerning their 2016-2020 CIP. As part of its annual budget process, Washington County prepares a five-year Capital Improvement Plan (CIP). The CIP includes the county's tentative plans for roads, bridges, parks, land, trails, and public facilities. The first year of this plan will be included in the cuuntysIOl6budget. The "out-yean"reflect projected needs and estimated costs, which may change based onfuture priorities and funding opportunities. For instance, while there are projects included within the CIP reflecting bond proceeds as a possible funding source, the County Board has not yet determined aformal bonding plan. Projects will be reevaluated at the appropriate time, and may change based on the outcomes of an approved bonding plan. Projects that were budgeted |nI015,urprior to, and are not yet completed, are not reflected inthe draft 2OlG'ZOZUOP. Funding for these projects have been set aside, and therefore, aren't reflected in future years' [|P documents. To review this year's CIP document, please click on the following link: Washington CountvDRAFT Z016'2O19Op Comments must be received by November 2-O'h, 2015 to be considered when developing the final CIP. A public hearing will also be held on December 15, 2015 prior to adopting the final document RECOMMENDATION: �f)-emoved. e Zgenda "Move mdirect Washin,-ton Cotintymadd an East-AVest trail within Lake Ehnomdheb, 2016-2020 ATTACHMENT(S): CITY LAKE ELMO _ ; MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 CONSENT ITEM #: 11 AGENDA ITEM: Reassignment of Inwood development contract SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: Dave Snyder SUGGESTED ORDER OF BUSINESS: Introduction of Item Staff - Report/Presentation .......... ....... .... .......... ...................... .......... ... ..... . ........ . ........... . ..... ..Staff Questions from Council to Staff Mayor Facilitates - Public Input, if Appropriate Mayor Facilitates - Call for Motion Mayor & City Council - Discussion Mayor & City Council Action on Motion Mayor Facilitates PUBLIC POLICY STATEMENT: NO POLICY BEING DECIDED SUMMARY AND ACTION REOUESTED: Hans Hagen Homes, Inc., a Minnesota corporation ("Hagen") is the developer under that certain Development Contract dated June 9, 2015 by and between the City of Lake Elmo, a Minnesota municipal corporation (the "City") and Hagen (the "Public Sewer and Water Contract"), and that certain Development Contract by and between the City and Hagen (the "Site Grading Contract", and collectively with the Public Sewer and Water Contract, the "Development Contracts"), both of which relate to the development of certain real property located in the County of Washington, State of Minnesota, and as more particularly described in the Development Contracts. Hagen is considering the transfer and sale of substantially all of its assets (the "Asset Sale"), including its rights under the Development Contracts, to M/1 Homes of Minneapolis/St. Paul, LLC, a Delaware limited liability company (-M/1"), which is an affiliate of MII Homes, Inc., a public homebuilding company. BACKGROUND AND STAFF REPORT: With the reassignment there needs to be a determination of cash escrow that would transfer in this sale from Hans Hagen to M/I homes. Due to the limited amount of time to prepare this document staff have not completed the exact amount which will be left to transfer. This amount will be filled in after consulting with Planning, Finance, and Engineering. I2ECOMMENDATION: Staff recommends the City Council ... take the following action / with the following motion: "Move to reassign development contracts from Hans Hagen Homes to M/L Homes, LLC." ATTACHMENT(S): Reassignment contract and Letter from Hans Hagen Home October 30, 2015 Dear Honorable Mayor and City Council As Hans Hagen Homes cotnpletes our 50th year in business, we have started plans for the next 50 years. As part of this plan, we decided to look for a larger company that we could join that has our reputation, ethics and dedication to customers. We have found that company and we are excited to join forces with M/1 Homes. Since 1976, M/I Homes have operated with our same high standards. Based in Columbus, Ohio, M/1 has delivered more than 90,000 homes in 40 years and grown from a family company to a national leader in a single generation. You are unlikely to notice any change as we pass the baton to M/1 Homes. We will be building the same homes, same neighborhood design, with the same people. Most importantly, we will move forward with the same values, integrity, and ethical standards. The InWood neighborhood plans will remain unchanged. As a matter of fact, by adding the resources and strength of M/I Homes, we are confident that this neighborhood will be better than ever. If you have any questions, please feel free to contact John Rask at 763-586-7202, John will continue to be involved in all aspects of the InWood neighborhood. Thank you for the confidence you have place in us and your continued support, Sincerely, Hans T. 14-ageti, Ji Chairman 1 into4lhanshagenhome,i3x.oiti 9711 Hillwind Road NE, Suite 300 o Fridley, !Minnesota 55432 Phone 763/586-7200 Fax 763/6724,11 7 CONSENT AND ESTOPPEL REGARDING DEVELOPMENT CONTRACTS INWOOD Hans Hagen Homes, Inc., a Minnesota corporation ("Hagen") is the developer under that certain Development Contract dated June 9, 2015 by and between the City of Lake Elmo, a Minnesota municipal corporation (the "City") and Hagen (the "Public Sewer and Water Contract"), and that certain Development Contract dated , 2015 by and between the City and Hagen (the "Site Grading Contract", arid collectively with the Public Sewer and Water Contract, the "Development Contracts"), both of which relate to the development of certain real property located in the County of Washington, State of Minnesota, and as more particularly described in the Development Contracts. Hagen is considering the transfer and sale of substantially all of its assets (the "Asset Sale"), including its rights under the Development Contracts, to M/I Homes of Minneapolis/St. Paul, LLC, a Delaware limited liability company ("Mil"), which is an affiliate of M/I Homes, Inc., a public homebuilding company. By its execution of this Consent and Estoppel Regarding Development Contracts ("Estoppel"), the City hereby represents, warrants, consents, and agrees to the following: • The Development Contracts are presently in full force and effect according to their terms. 2. As of the date of this Estoppel, the cash escrows held by the City pursuant to the terms of the Development Contracts are as follows: a. $ b. $ for the Public Sewer and Water Contract; and for the Site Grading Contract. . To the actual knowledge of the City, and with no duty of the City to investigate or make further inquiries, Hagen is not in default under the Development Contracts nor has any event occurred that with the giving of notice or passage of time would constitute a default under the Development Contracts. 4. Upon closing of the Asset Sale, and in consideration of IVI/1's assumption of Hagen's obligations under the Development Contracts to be performed after the Asset Sale, the City (i) consents to the assignment of the Development Contracts, and (ii) agrees that MII may enjoy the rights, benefits and obligations of Hagen under the Development Contracts. 5. The individuals signing below are duly authorized to sign this Estoppel on behalf of the City. [Signature Page to Follow CITY OF LAKE ELMO, a Minnesota municipal corporation: By: Printed Name: Date: By: Printed Name: Date: 2 Ti crry f_t\ K E, ELMO AYOR & COUNCIL CO UNIc,IITION, DATE: November 4, 2015 REGULAR ITEM 12 AGENDA ITEM: 2016 Street, Drainage & Utility Improvements — Public Improvement Hearing; Resolution Ordering the Improvement and the Preparation of Plans and Specifications; Motion to Approve Engineering Design and Construction Support Services Contract SUBMITTED BY: Ryan Stempski, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Julie Johnson, City Clerk Cathy Bendel, Finance Director Jack Griffin, City Engineer SUGG ORDER OF BUSINESS: lifirocluction oriten Report/Presenttition. ...... ....... Questions from Council to SIaIT ()pen Public Improvement Hearing; Public Input fir Motion ........... ....... Discussion ...... ..... Action tm .... .... • .•• .•-• ••.,•• ....... POLICY RECOMMENDER: Engineering. City Engineer Engineer Mayor Facilitates ...... 'Mayor Facilitates ..... Mayor & City Council Mayor & City Council Ma or Facilitates FISCAL IMPACT: Cost for preparation of plans and specifications and bidding services to be presented at the City Council Meeting, The 2016 Street, Drainage and Utility Improvements is an estimated $1,409,000 infrastructure project that will be partially assessed against the benefitting properties consistent with the City's Special Assessment Policy. The project is funded through the issuance of general obligation bonds and special assessments. Ordering the Improvements and authorizing the preparation of plans and specifications commits the City to incur the engineering costs necessary to complete detailed design and receive -- page 1 -- City Council Meeting [Regular Agenda Item 12] November 4, 2015 contractor bids to ready the project for construction in 2016. The council will be asked to award a contract for construction in April 2016, at which time the City would be asked to commit to the remaining project costs. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to open the Public Improvement Hearing for the 2016 Street, Drainage and Utility Improvements; and following the Hearing, consider adopting Resolution No. 2015-XX Ordering the Improvement and the Preparation of Plans and Specifications; and awarding a Professional Engineering Design and Construction Support Services Contract. The recommended 'notions for these actions are as follows: "Move to adopt Resolution No. 2015-82 Ordering the 2016 Street, Drainage and Utility Improvements and the Preparation of Plans and Specifications." and "Move to approve a Professional Engineering Design and Construction Support Services Contract as recommended by the City Engineer." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Pursuant to Minnesota Statutes, Section 429.011 to 429.111, a Public Improvement Healing was noticed for November 4, 2015, to consider making the following improvements: • Reconstruction of Kirkwood Avenue N from 50th Street to the north cul-de-sac. The improvement includes a new bituminous surface along an existing gravel roadway. • Reconstruction of Kelvin Avenue N from Old TH 5 to the north cul-de-sac. The report also recommends improvements to convert a private drive serving 8 residential properties to a public street. • Resurfacing the streets through a street reclaim within the Stonegate Is' Addition, including 9th Street N, Jasmine Avenue Place N, and Jasmine Avenue N from 10th Street to Julep Avenue. • 12-inch trunk watermain to be extended along Kelvin Avenue N from Kelvin Court to Stillwater Lane. Based upon receipt of a property owner petitions, extension of 6-inch and 8-inch lateral watermain is considered off of Kelvin Avenue N. The attached notice was published in the official newspaper and individual notifications vere sent to each address that will be wholly or partially assessed for the inaprovetnents. The street improvements proposed in 2016 were identified in the City's 5-Year Street Capital Improvement Program. Trunk watermain is to be extended along Kelvin Avenue N per the City's 2030 Comprehensive Water System Plan. The City is also responding to petitions for municipal water in the Kelvin Avenue area. The feasibility report was adopted by the City Council on October 6, 2015. The report identifies the necessary improvements, the estimated project costs, the assessment methodology and preliminary assessment amounts to be levied against properties adjacent to and benefitting from the improvements. -- page 2 -- City Council Meeting [Regular Ago! November 4, 2015 The improvements will be funded partially through assessments against the benefitting properties consistent with the City's Special Assessment Policy. Assessments for street improvements are levied over 10 years. Assessments for watermain improvements are levied over 15 years. On October 27, 2015 a property owner meeting was held for each neighborhood to review the proposed scope of improvements and answer questions from property owners. To complete the engineering design, the City Engineer prepared and sent out a Request for Proposal (RFP) for the Engineering Support Services that included topographic survey, the preparation of plans and specifications; plan printing, distribution and bidding services; construction administration support to the City Engineer, and construction staking. FOCUS Engineering will provide resident and council communication, conduct public meetings, project management, coordinate the project permitting, and will provide construction administration services for the project. FOCUS will also oversee the project design standards and documents to be incorporated with the project plans and specifications. Construction observation services will be retained at a later date once the project has been bid and awarded for construction. The RFP was sent to four firms from the City's Engineering Consultant Pool, including Bolton and Menk, MSA, SEH, and TKDA. Proposals will be received on October 30, 2015 and will be reviewed and ranked on the following basis: • Project Team Qualifications with a focus on a Project Manager capable of leading and delivering a street and utility improvement project. • Demonstrated understanding and experience with the project and understanding of the critical success factors. • Understanding the scope of work and roles and responsibilities of the Consultant. • Collaboration of skills and responsiveness demonstrated during the RFP submittal process and: • Engineering Fees, indicating a detailed breakdown that is consistent with the Consultant's written proposal and the needs for delivery of a successful project. A presentation of the results and recommendation of a consultant will be provided at the Meeting. RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2015-82 Ordering the Improvements and the Preparation of Plans and Specifications for the 2016 Street, Drainage and Utility Improvements. The recommended motion for this action is as follows: "Move to adopt Resolution No. 2015-82 Ordering the Street, Drainage and Utility Improvements and the Preparation of Plans and Specifications." -- page 3 -- City Council Meeting [Regular Agenda Item 121 November 4, 2015 Staff is also recommending that the City Council award a Professional Engineering Design and Construction Support Services Contract for the 2016 Street, Drainage and Utility Improvements. The recorruriended motion for this action is as follows: "Move to approve a Professional Engineering Design and Construction Support Services Contract as recommended by the City Engineer." ATTACHMENT(5).: 1. Resolution 2015-82 Ordering the Improvements and Preparation of Plans and Specifications. 2. Notice of Hearing on improvement. 3. Preliminary Assessment Roll. 4. Location Map. 5. Project Schedule. -- page 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-82 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2016 STREET, DRAINAGE & UTILITY IMPROVEMENTS WHEREAS, pursuant a resolution of the city council adopted the 6th day of October, 2015, the council ordered a hearing on Improvement for the 2016 Street, Drainage and Utility Improvements; and WHEREAS, ten daysmailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 4th day of November, 2015, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated September 2015 states that the project is necessary, cost-effective, and feasible. NOW, THEREFORE, BE IT RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated September 2015, (LT( z 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 4th day of November, 2015. 3. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 4. The city engineer is hereby designated as the engineer for making this improvement. The engineer, and his consultants, shall oversee the preparation of the Plans and Specifications for the making of such improvement. 5. The city engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the city engineer during the construction phase of the improvement as requested. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF NOVEMBER, 2015. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2015-82 CITY OF LAKE ELMO REVISED NOTICE OF HEARING ON IMPROVEMENT 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Wednesday, November 4, 2015, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.11 I; The street improvements include: (I) Reconstruction of Kirkwood Avenue North from 50th Street North to the north cul-de-sac with a new bituminous surface; (2) Reconstruction of Kelvin Avenue North from Old TH 5 to the north cul-de-sac. (3) Resurfacing the street through a street reclaim within the Stonegate 1st Addition consisting of 9th Street North; Jasmine Avenue Place North; and Jasmine Avenue North from 10th Street (CSAH 10) to Julep Avenue North. The associated watermain improvements may also include the extension of municipal water service along Kelvin Avenue North. The area proposed to be assessed for the street improvements include the properties directly abutting and accessing the proposed streets along Kirkwood Avenue North, Kelvin Avenue North, 9th Street North, Jasmine Avenue Place North, and Jasmine Avenue North from 10th Street (CSAH 10) to Julep Avenue North. The area proposed to be assessed for the watermain improvements include the properties proposed to receive new water service along Kelvin Avenue North. The estimated total cost of the street improvements is $1,195,000 and the estimated total cost of the watermain improvements is $214,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this meeting. DATED: Oetobcr 6, 2-014 October 21, 2015 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale Lake Elmo Review on October 11, 2015 and October 21, 2015) (Published in the St. Paul Pioneer Press on October 22, 2015 and October 29, 2015) PRELIMINARY PROJECT SCHEDULE � CITY OF LAKE E|MO 7016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. Z01S.lZ9 OCTO8ER 2015 August 4,2Q1S Council authorizes Feasibility Report. October 6,Z0l5 ENGINEERING, inc. Cara Gehee�P.[. Jack Griffin, pE. Ryan Stempski,P.E. Chad |sakonn'P.[. 651.300.4I61 651.300.4264 651.300.4267 651.300.4283 Presentation of Feasibility Report. Council accepts Report and calls Hearing. November ^LZO1S Public Improvement Hearing. Council orders preparation of Plans and Specifications. February 16,2DlG Council approves Plans and Specifications and orders Advertisement for Bids. March 17,ZO16 Receive Contractor Bids. April 5,ZO16 Council accepts Bids and awards Contract. May Z,2Ol6 Conduct Pre -Construction Meeting and issue Notice toProceed. August lZ,ZO16 Substantial Completion. September 3O,ZO16 Final Completion. CITY OF LAKE ELMO, MN SEPTEMBER 2015 NO. NAME 1 MANZARA ANTHONY P & SARAH E 2 HECTOR WAYNE M & KAREN K SCHNEIDER 3 THOMPSON CARMEN M & ROBBI 4 KRISTENSON ALLAN J & JACQUEL 5 HESSE RICHARD D & ROSALIE M 6 BASARA DOUGLAS.' & ELIZABETH J 7 LAATSCH JOHN M & MARY CANE LAATSCH STREET IMPROVEMENTS KIRKWOOD AVENUE NORTH PRELIMINARY ASSESSMENT ROLL 5050 5110 5170 5230 5235 5300 5760 KIRKWOOD KIRKWOOD KIRKWOOD KIRKWOOD KIRKWOOD KIRKWOOD KIRKWOOD ADDRESS AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 AVE N LAKE ELMO 55042 PID 0202921430002 0202921430003 0202921430004 0202921430005 0202921420001 0202921420002 0202921420003 TOTAL PAGE 1 of 1 AMOUNT $ 13,800.00 $ 13,800.00 $ 13,800.00 $ 13,800.00 $ 55,200.00 $ 13,800.00 $ 13,800.00 $ 138,000.00 CITY OF LAKE ELMO, MN, SEPTEMBER 2015 NO. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NAME COMMON GROUND CHURCH FRENIER ANTOINE & ANDREA MEYER HEDQUIST RICHARD A & PATRICI CHRISTENSEN CYNDIE ROGERS WILLIAM J & JUDY D DONNA R HARSTAD TRS DONNA R HARSTAD TRS CHAVEZ JOSE & JOAN S LINDER ALVERT R & JUDITH A SCHILTGREN ROBERTJ TRS & MARYJ HOGAN-SCHILTGREN TR PAULSON DONALD V & PHYLLIS K KASK EARLE L & FREYA L LOOS DAVID S & WENDY BUCHHOLTZ THEODORE & EDNA 5 CURRAN PATRICK A & DIANE J CURRAN PATRICK A & DIANE J FRIEDERICH WILLIAM & CHRISTIN BEAUBIEN JEANNE M STREET IMPROVEMENTS KELVIN AVENUE NORTH PRELIMINARY ASSESSMENT ROLL ADDRESS 10240 STILLWATER BLVD N LAKE ELMO 55042 10240 STILLWATER LN N LAKE ELMO 55042 3440 KELVIN AVE N LAKE ELMO 55042 3464 KELVIN AVE N LAKE ELMO 55042 3490 KELVIN AVE N LAKE ELMO 55042 3503 KELVIN AVE N LAKE ELMO 55042 3503 KELVIN AVE N LAKE ELMO 55042 3505 KELVIN AVE N LAKE ELMO 55042 3508 KELVIN AVE N LAKE ELMO 55042 3509 KELVIN AVE N LAKE ELMO 55042 3533 KELVIN AVE N LAKE ELMO 55042 3551 KELVIN AVE N LAKE ELMO 55042 3567 KELVIN AVE N LAKE ELMO 55042 3597 KELVIN AVE N LAKE ELMO 55042 3607 KELVIN AVE N LAKE ELMO 55042 3607 KELVIN AVE N LAKE ELMO 55042 3691 KELVIN AVE N LAKE ELMO 55042 3681 KELVIN AVE N LAKE ELMO 55042 P D 1402921320024 1402921320016 1402921320014 1402921320013 1402921320012 1402921240002 1402921240006 1402921240005 1402921320019 1402921240011 1402921240007 1402921240009 1402921240010 1402921240008 1402921240012 1402921240013 1402921230003 1402921240003...,.... .., TOTAL PAGE 1 of 1 AMOUNT $ 13,400.00 $ 5,200.00 $ 5,200.00 $ 5,200.00 $ 5,200,00 $ 5,200.00 $ 5,200.00 $ 5,200.00 $ 5,200,00 $ 5,200.00 $ 5,200,00 $ 5,200.00 $ 5,200.00 $ 5,200,00 $ 5,200.00 $ 5,200.00 $ 5,200,00 $ 5,200.00 $ 101,800.00 CITY OF LAKE ELMO, MN. SEPTEMBER 2015 WATERMAIN IMPROVEMENTS KELVIN AVENUE NORTH PRELIMINARY ASSESSMENT ROLL NO. NAME 1 COMMON GROUND CHURCH 2 FRENIER ANTOINE & ANDREA MEYER 3 HEDQUIST RICHARD A & PATRICI 4 CHRISTENSEN CYNDIE 5 ROGERS WILLJAM J & JUDY D 6 LINDER ALVERT R & JUDITH A 7 SCHILTGREN ROBERT J IRS & MARY J HOGAN-SCHILTGREN TR 8 PAULSON DONALD V & PHYLUS K 9 KASK EARLE L & FREYA L 10 LOOS DAVID 5 & WENDY 11 BUCHHOLTZ THEODORE & EDNA 5 12 CURRAN PATRICK A & DIANE J 13 DONNA R HARSTAD TR5 14 CHAVEZ JOSE & JOAN S 10240 10240 3440 3464 3490 3508 3509 3533 3551 3567 3597 3607 3503 3505 STILLWATER STI LLWATE R KELVIN KELVIN KELVIN KELVIN KELVIN KELVIN KELVIN KELVIN KELVIN KELVIN KELVIN KELVIN ADDRESS BLVD N LN N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 PID 1402921320024 1402921320016 1402921320014 1402921320013 1402921320012 1402921320019 1402921240011 1402921240007 1402921240009 1402921240010 1402921240008 1402921240012 1402921240002 1402921240005 TOTAL PAGE 1 of 1 AMOUNT 11,600.00 5,800.00 5,800,00 5,800.00 5,800,00 5,800.00 5,800.00 12, 000.00 12,000.00 12,000.00 12,000.00 12,000.00 24,500.00 24,500.00 155,400,00 CITY OF LAKE ELMO, MN, SEPTEMBER 2015 NO. NAME 1 MONTEITH CURTIS & DEBRA 2 BETZ DOUG M & AMY M 3 CITY OF LAKE ELMO 4 HOHENWALD MARK 5 YANG KAY 6 PETERS PAMELAJ 7 WALLRICH TIMOTHY W & MARILEE A 8 HENDERSON RANDALL T & GLORIA A 9 INTIHAR KEVIN & WINDY 10 LANCETTE MICHAEL & KATHLEEN 11 BONFE ANTHONY W & MARY E 12 SKARDA JAMES R & PATRICIA L 13 JADER GARY C & RICHELLE M 14 JOHNSON GEORGE N & MARY JAN 15 LARSON SEAN D & LINDA M 16 BRUNO BENJAMIN J 17 JOHN M & KRISTINA W HEILI TRS 18 FITZGERALD THOMAS & MARY 19 OLSON ROBBI J & JILL M 20 IH2 PROPERTY ILLINOIS LP 21 LEARN JAMES W JR & JOAN E 22 SHERRITT BRUCE C & MICHELLE M 23 STADICK DANIEL P & JEANNE M 24 MILNAR GREGORY B & BEVERLY B 25 CHENGSENGPASEUTHAR MAIXI 26 NELSON DAVID M & MARYBETH H 27 TAYLOR KRISTINA1 28 MONICO GINO A & PEGGI A 29 ISRAELSON RONALD J & COLLEEN A 30 SMORCH TERRANCE M & CAROL K 31 HOMMERDING JACOB G & AUTUMN P 32 MEYER DALE J & GERNES-MEYER & BERNIECE L GERNES-ME 33 MOREY DARRELL W & CHARLOTTE STREET IMPROVEMENTS STONEGATE 1ST ADDITION PRELIMINARY ASSESSMENT ROLL 371 750 755 770 785 790 820 829 832 854 868 974 867 871 873 875 877 881 883 887 9023 9034 9073 9106 9123 9179 9251 9314 9323 9386 9391 2749 JULEP JULEP JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE JASMINE 9TH 9TH 9TH 9TH 9TH 9TH 9TH 9TH 9TH 9TH 9TH HENSLOW ADDRESS AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE N AVE PL N AVE PL N AVE PL N AVE PL N AVE PL N AVE PL N AVE PL N AVE PL N ST N ST N ST N ST N 5T N ST N ST N ST N ST N ST N ST N AVE LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO OAKDALE 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55128 PID 3402921230012 3402921230013 3402921230002 3402921230010 3402921230005 3402921230009 3402921230016 3402921230015 3402921230006 3402921220010 3402921220009 3402921220008 3402921220001 3402921220011 3402921230007 3402921230008 3402921240002 3402921240001 3402921210003 3402921210010 3402921210009 3402921220004 3402921220003 3402921220005 3402921220002 3402921220006 3402921220007 3402921210008 3402921210004 3402921210007 3402921210005 3402921210006 3402921220012 TOTAL PAGE 1 of 1 AMOUNT 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000,00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000,00 6,000.00 6,000.00 6,000.00 6,000,00 6,000,00 6,000,00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000,00 198,000.00 LEGEND 2016 STREET IMPROVEMENTS 6 STREET IMPROVEMENTS PROJECT NO. 2015.129 SEPTEMBER, 2015 CITY OF , LAKE ELMO FIGURE NO, 1 LOCATION MAP KIRKWOOD AVENUE NORTH & KELVIN AVENUE NORTH LEGEND 2016 STREET IMPROVEMENTS THE CITY OF LAKE ELMO 2016 STREET IMPROVEMENTS PROJECT NO, 2015.129 SEPTEMBER, 2015 10TH SrN CITY OF LAKE ELMO FIGURE NO. 2 LOCATION MAP STONEGATE 1ST ADDITION TI IF. CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 CONSENT RESOLUTION # ITEM: #13 Hammes Plat Extension Clark Schroeder, Interim City Administrator Clark Schroeder, Interim City Administrator Clark Schroeder, Interim City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item. ..... ........ . ..... .......... . Interim City Administrator .............. Interim City Administrator - Questions from Council to Staff ..... ....................... ..... ..... Mayor Facilitates - Public Input, if Appropriate ..... Mayor Facilitates Call for Motion ........ ..... ............ ..... ........... Mayor & City Council Discussion ..... ..... ......... ..... ..... .......... ............ Mayor & City Council Action on Motion... ........ ...... ................... Mayor Facilitates FINANCIAL IMPACT: Delayed/Lost revenue related to 163 units; General fund impact of approximately $100k per year, Utility fund access and connection fees of $1.2M, Utility fund usage revenue of $150k per year and parkland dedication fees of $107k. Risk related to recovery of utility fund special assessments of $580k. BACKGROUND AND STAFF REPORT: On October 7, 2014, the City Council approved the Hammes Estates final plat. At that saine meeting, a draft developer agreement was proposed and approved as well. However, the developer agreement was never executed due to various issues. The issues which previously prevented the execution of the developer agreement and the plat from being recorded have since been mitigated and they would now like to move forward. However, since plat approval is good for one year, an extension is being sought from the City Council to allow them to do so. Opinion from Mr. Snyder. Setting aside the financial inquiries, my recommendation would be to grant an extension here -as requested to October, A decision on this subject would be evaluated by the arbitrary and capricious standard -basically an inquiry into the reasonableness of the council's decisionmaking. Since there have been no intervening area -wide zoning changes, no big land -use changes, since the plat is not proposed to be materially modified and since the extension is, practically speaking, that of a couple of months, I think an extension would customarily be granted and that a reviewer would conclude that it should be granted. I do not recommend an extension longer than that at this time -any subsequent extension should be sought from and considered by Council at the end of any extension given into next year. Turning to financial inquiries then, I would defer to Clark and Cathy. As for the specific question, No, the petition and waiver agreement does not require the city to allow plats or plat extensions. The financial aspects of this should, however, be a central area of the council's understanding of the implications of an approval or denial of the extension request. Needless to say, if the plat is allowed to expire and no extension is granted then receipt of infrastructure funding from this development and any that inight rely on it for their own utilities will certainly be delayed, likely indefinitely and likely for a long time. S.W.O.T Analysis: Strengths: Recovery of infrastructure investment via access and connection fees, ability to collect of special assessments assessed as part of the section 34 project and generation of on -going utility usage revenue to strengthen the utility fund balances. Weaknesses: None identified Opportunities: Ability to move forward with a previously approved plat. Threats: Potential for prior developer to place lien on property preventing build out activity. RECOMMENDATIONS: "Motion to extend the'final p at approval and development contract for two years through or[uvo,,) Oct 7'12016 with the condition that all specjal assessments be paid at plat,, tha the developer's agreement be .. ,,.. ,-- and.resolution-be reassigned tO-Hatnin" s'Estates-from.Rammes West-i,,-LLC."' ATTACHMENTS: 1. Request from Eleanor Hammes for an extension 2. Developer Agreement 3. City council packet 10-7-14 (.res,"'ellb,remnmnin*,"xi" �� n ��'n� �� �~^� ^+ (Public sewer and water) �� n ACT Hammes Estates Addition AGREEMENT dated . 2015. by and between the CITY OF LAKE ELk0[y o Minnesota municipal corporation (^Cdv^). and The Ryland Group, Inc. eMaryland Corporation (the ^Dovo|ope/'). 1' REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Hammes Estates 1m Addition (referred to in this this Contract aSthe "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described as: That part of the South Half o[the Northeast Quarter of Section 34. Township 29 North, Range 21 VVent, Washington County, Minnesota, EXCEPT the East 60.00fect of the North 987foet of said South Half of the Northeast Quarter thereof. AND EXCEPT Parcel 3 of Washington County Highway Right 0fWay Plat 4R-18B.recorded September 18.1Q85aaDocument Number 49253O. 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 vvhtban approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the eadh, remove tnams, construct sewer |/noa. water |ines, ntneets, utUitieo, public or phma$a innpnovennents, or any buildings until all the following conditions have been satisfied: 1\thin agreement has been fully executed by both parties and filed with the City Clerk, 2> the necessary security has been received by the City. 3) the plat has been recorded with the Washington County F{nnnrdn/s Ofhom. and 4\ the Ci1y's Community Development Director has issued a letter that all conditions have been satisfied, o preconotructinnnonference has been held, and that the Developer may proceed. 4. HOA DOCUMENTS, The required HOA documents shall be recorded with the Washington County Recorder's Office within thirty (30) days of the plat being recorded with the County. 5. 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 ouUoto. 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. 0. PRELIMINARY F^LAJ' STATUS. The plat is a phase of o multi -phased preliminary p|o<, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, notouMVtn. within five (5) years afterpr8hminaryp/at approval. 7. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contnant, no amendments to the Citv'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 oragreed to in writing by the City and the Onvn|npor. 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 tothe City'o Comprehensive P|an, official contro|n, platting or dedication requirements enacted after the date of this Contract. 8. 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 Contnsct, the written terms shall control, The plans are: Plan A— Final Plat Plan B—Fima|Greding, Drainage, and Erosion Control Plans Plan C—Fina| Sanitary Sewer, Water Main, Storm Sewer, and Street Plans Plan O—Final Landscape Plan 9. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. VVaUamnain O. Surface Water Facilities (p|pa, ponds, rain gardens, etc) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting M. 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 vvith 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 SheU submit plans and specifications which have been prepared by competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable |ova| ofquality control to the extent that the Devo|npa/o engineer will be able to certify that the construction work meets the approved City standards en a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expanse, 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 and the Developer's contractor. The Developer orhis engineer shall schedule m pre -construction meeting at e mutually agreeable time at the City Hall with all parties oonnenned, including the City staff, to review the program for the construction work. All labor and mmrh shall bodone 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 o 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 nnotode|n not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work infirst ordered in mxiUnU by the City Engineer as provided in the specifications. 10. 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 afflount provided under paragraph 36. Summary ofCash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invnioe, for all engineering administration and construction observation performed during the construction of the plat at normal City rotes for such Services. If the Developer fails to pay the invoiced amount within such 30-day period, and such failure continues for an additional five (5) business days after written notice from the City of such failure, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in its full amount. C|h/ engineering administration will include monitoring of construction progress and construction nbservodon, 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 Qty's in-house staff or consulting engineer. Construction observation shall ino|ude, at the discretion of the uhv part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis stnormal City rates therefore. 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 a[least five (5) days prior tothe commencement of construction of each type of Improvement. City ohV|| inspect all Developer |notoUmd Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer atsuch times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant tothe City'n governmental outhoriiy, and noagency orjointventure relationship between the City and Developer iuthereby created. 11. CONTRACTORS/SUBCONTRACTORS. City Council nnennbe,e. City employees, and City Planning Commission nnernbern, and cnrporodono, pnrtne'shipu, and other entities in which such individuals have greater than a 25% ownership interest or in which they on: an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 12. PERMITS. The Developer oho|| obtain or require its contractors and subcontractors to obtain all necessary pen -nits, including but not limited to: A. Right-of4NayExcavations and Obstructions: ~ City of Lake E|nno, Right -of -Way Utility |nsbsUadmn/s\ ~ City ofLake Elmo, Right -of -Way Obstruction(s) 0 Washington County, Utility Installations(s) ~ Washington County, Street nrDriveway Access(s) ° Minnesota Department ofTransportation, Utility Installation ° Minnesota Department ofTransportation, Right-of4WayPermit B. VVatornloinExtensk]nec . Minnesota Department of Health C. 3anitorySewer Extensions: ~ Minnesota Pollution Control Agency ~ Metropolitan Council Environmental Services D. Shznnwobe/Manaqemnnt: . Valley Branch Watershed District Permit E. Erosion, Sedimentation Control: ~ 8VVPPP(Sh/nnwahsrPollution Prevention Plan) F. VVedkandMiUgoUVU: . Board of Water and Soil Resources, WCA G. ConstruoUO0Devvotehnq: . Minnesota Department of Natural Resources 13' TIME OFPERFORMANCE. The Developer shall install all required public improvements by October 31. 2015.wkh 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 neason, consistent with warranty requirmrnmnta, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, howmvor, request an extension oftime from the City. If an extension is grantad, 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 dote. Final wear course placement outside of this time frame must have the written approval wfthe City Engineer. 14. LICENSE. The Developer hereby grants the Cky, its a0orts, ennp|oyeeo, 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. 15. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility oonodrucbon, and street construction is restricted to access the subdivision via the planned construction access off of Keats Avenue. No construction traffic is permitted on other adjacent local streets. 16. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the improvements in m sequence which will mUovv 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 when the work is ready for the innoaoUmn at each of the measurable points defined in the following paragnsphs15.. 17. and 18. For the purpose ofthis paragraph, Electronic message (ennaU)shall be deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement", 17. EROSION CONTROL. Prior to initiating site gnading, the erosion control plan, Plan B. shall be innp|onnerded by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the p|ot, with all watershed district permits and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements an deemed neoesnary. The parties recognize that time in of the essence in controlling erosion, If the Developer does not rVrnp|y with the erosion control plan and schedule or supplementary instructions received from the Chv. the City may take such action as it dann)s appropriate to control erosion. The City will er)deavor to notify the Developer in advance of any proposed action' but failure of the City to do no will not affect the Developer's and Qty'o rights Vrobligations hereunder, If the Developer does not reimburse the City for any cost the City incurred for such work within ton (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 \A411 be issued unless the plat is in full compliance with the approved erosion control plan. If building pennhn 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 a/|ovv0d 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 naquinanoents, or as required by the City or City Engineer. 18. 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, 7 Within thkrty(}O) days after completion ofthe grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that all tnai|n, pVndn, svws|es' and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and fjoN verified elevations of the following: a> cross sections of ponds; b) location and elevations along all awa|os, emergency overflows, weUands, wetland mitigation areas if any. ditches, locations and dimensions of borrow nreo,/ntnckpi|en; c\ lot corner elevations and house pads; and d\ top and bottom of retaining vva||8. The City will not issue any building pmrnnho until the approved certified record grading plan /nonfile with the City, 19. STREET AND UTILITY IMPROVEMENTS. All storm sewmro, sanitary sewera, wat*rmo)n, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "C^ The plan shall conform to the City's Engineering Design and Construction Standards Manual. Curb and gutter and the first U0 of the bituminous streein, aidevva|kn, 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 o wa|k-throughto create a punch list of outstanding honno to be completed. Upon receipt of the written punch list provided by the City. the punch list honno must be completed by the Developer and the City notified to re- inspect the improvements, The final biturninous wear course may be installed in accordance with paragraph 12.obov*, 20. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets any accepted by the City |nwriting. Warning signs ahoU 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 jnnpeseob|n, such streets shall be barricaded and closed. In the event residences are occupied prior to completing o(roetu. the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable totraffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developer's operation. The Developer may request, in vvhUng, 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. Ademinimum, scraping and sweeping shall take place on o weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract ohoU provide that the City may direct the contractor to dean the streets and the contractor Will bill the Developer. 21. OWNERSHIP OF IMPROVEMENTS. Upon connp|otion of the work and construction required by this Contnaot, the improvements lying within public easements ohm|| become City property. Prior to acceptance of the improvements by the City. the Developer must furnish the City with a complete sot of reproducible "record" p|anx, on electronic No of the "record" plans in accordance with the City'n Engineering Design and Construction Standards Manual together with the following affidavits: 'Deve/oper/Develope rEngineer'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 affidavitn, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 22. PARK DEDICATION. The Developer shall pay e cash contribution of $107.554 in satisfaction of the Cih/'n park dedication requirements. This charge in based on the park dedication requirement for all the areas tobeplatted within the Hammes Estates Preliminary Plat. Noadditional fees in lieu of land dedication will be charged for future developments within the preliminary plat area. The charge was calculated as follows: 2.1 acres /5.7acros of park land provided subtracted from 7.8 oonaa of park land required) at $51.21Oper acre per the submitted appraisal for the property. The Developer shall y receive a credit from the cash amount due for the actual costs of the North East Park Plan Improvements depicted in the Final Landscape Plans Dated 8eptennber22. 2014. These improvement shall include: 10- hae| by24'feetshelter, picnic table, bike rack, QhU station, retaining wall, fishing piar, canoe nack, concrete hanjsurfane, woodland seed mix restoration, |mndsoeping, and parking lot improvements. The Developer shall deposit $107,554 with the City at time of final plat to be held by the City in escrow until such time as park improvements have been installed, Upon installation ofpark improvements, the City shall release the credited amount hothe Developer. 23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges PAC) with respect to the Improvements required by the City and any state ormetropolitan government agency. The Sewer availability charge (SAC) in the amount of $3'000.00 per REU shall be paid by the Developer prior 1othe City recording the final p|n\. The total amount to be paid by the Developer is $171.000.00. The water availability nhmrUa (VVAC) in the announi of G3.000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The tote) amount to be paid by the Developer is $171,000�00. In addition, asewer connection charge in the current amount of$1.00D.00 per REU, o 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$1.0UO.0Oper REU will be collected by the City atthe time the building permit is issued for each lot. These amounts are charged at the time of building permit in accordance with the latest city fee schedule. 24. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part ofthe public n<nset knprovennenta, and the innbnUeUon costs shall be included in the street construction calculations. 25' STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street UohUno plan approved by the City. The Developer shall coordinate the installation nfstreet lights vvKhXwa|Enorgyinco 'unobonwiththectherinnpnnwennentn.andaOremstnpoy Xco| Energy for all upfront costs associated with the street lighting uystenn, including underground cables, posts, |ornps, bmUanto, startoro, photocells, and glassware. All street lights will be leased by the City upon final acceptance of the system. The Developer shall also pay $499.58 in payment for the first year operating costs for street lights. 26. WETLAND MITIGATION. The Developer shall complete wetland nnitiQation/,estoration 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. Prior to the acceptance of the public improvements for the Hammes Estates p|at, all wetland buffers shall be delineated and identified via staking and signage that in acceptable tVthe City. 27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, nurbino, and one lift of asphalt shall be inahu|ksd on all public and private nbeohs prior to issuance of any building pemmho, except five nlnde/ honnoo on lots acGeptob|ptothe Community Development Oinaob)r. B. Prior to issuance of building penni1n, wetland buffer monuments shall be placed in accordance with the Qty'n zoning ordinance. The monument design shall be approved bythe 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 Deve|oper, including nonpayment of billings from the CKy, shall be grounds for denial of building permits and/or withholding of other permits, inspection or actions, including lots sold to third porties, and the halting of all work in the plat. E. If building permits are issued prior tothe acceptance cfpublic improvements, the I Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Oowa|ope[ their contractors, subconhachrns, nnaterio/noen, employees, ogento, or third parties. F. No sewer and water connection permits may be issued until the streets needed for aoomas have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. G. The City Will not issue e certificate of occupancy for any building constructed on any lot or parcel in the P|at, including any model homes authorized under this mQneenn9rd. until Public sewer and water, cudbing, and one lift ofasphalt is installed on all public and phushe streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must bonnfile oithe City for the block where the building is to be located. 28. RESPONSIBILITY FOR COSTS. A. In the event that the City rgmakms obsirno from labor, nnatoho|men. or others that work required by this Contract has been performed, the sums due them have not been paW, and the laborers, nlotmria|rnen. or others are seeking payment from the C8v, and in the future event that such o|a(mn have not been resolved by the Developer within thirty (30) days after written notice from the City. the Developer hereby authorizes the City Vo commence an |nbarp|eoder 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 na|eeSe. d\pchar8e. and dismiss the City from any further proceedings as it pertains tothe letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine payment ofottorneys'fwespursuant 0zthis 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 p|et, including but not limited to |eQa|' p|anning, engineering and inspection expenses incurred in connection with approval and acceptance of the p|at, the preparation of this Contnsct, review of construction plans and doCunnento, and all costs and expenses incurred by the City in monitoring and inspecting development ofthe 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, ennp|oyeos, and egords harmless from doinnn 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, onnp|oyeee, 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 Developershall reimburse the City for costs incurred inthe enforcement of this Contract, including reasonable engineering and attorneys' fees. E. 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(3U) days shall be assessed a late fee per the City of Lake Brno adopted Fee Schedule. Upon request, the City will provide copies ofdetailed invoices nfthe work performed. 29. City Payments. In the event city payments are required by Section 29.A below, within thirty (30) days of the CKy's final acceptance of the Improvements, pursuant to Section 21 of this Agreennent, but only if the Developer /s not in default under this Agreement, the City shall pay to the Developer the sums set forth inthe attachment tothis Agreement osExhibit B.The actual amount ufthe reimbursement shall be based on actual construction costs which will be verified by the Developer to the City in the Plans submitted tothe City as required in Section 21. This payment by the City shall be the City's only responsibility with regard to construction of the Improvements and in no oone shall act on a waiver of any other right of the City under this Agreement or under applicable laws, ordinances, or rules. A. City payments pursuant tothis Agreement shall be: $50.045.00 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat A. Implementation of the recommendations listed in the 8eptember1R, 2014 Engineering memorandum is required along with all conditions of approval listed in any City Council resolution approving the plat, 13 B. Within thirty (5U)days ofthe plat being recorded at the County, the Developer shall convey Oudkd A and C to the City bvwarranty deed, free and clear ofany and all encumbrances. C. The Developer ohoU install o temporary turnaround at the southern end of June Avenue North until it is extended as part of future phases of the Hammes Estates development. O. The Developer must obtain a sign permit from the City Building Official prior to installation of any permanent subdivision identification signs. F. The Developer shall provide for a minirnum green belt/buffer of 100 feet around all of the adjacent Stnnegatosubdivision. This buffer shall besecured byacovenant running infavor ofthe City and atitle commitment issued therefore. G. All trails shall be located within the easements and dedicated to the City of Lake Elmo. Title commitments from a regional title company shall be provided for all land so dedicated. H. The Developer shall be responsible for the construction of all improvements within the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the review letter received from the County dated May 8, 3014. The required improvements shall indudm, but not be limited to: modifications to the median crossing in this area, continuation of abituminous trail through the median, turn |anes, and other improvements on required by the County. |� The Developer shall observe all other County requirements as specified in the Washington County review letter dated K8ayO. 2014. J The Developer shall enter into a maintenance agreement with and satisfactory to the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated anpublic park and open space onthe final plat. K� Any land under which public trails are located will be accepted as park land provided the Developer constructs said trails within the dedicated areas an pad of the public improvements for the subdivision and easements are provided where required bythe City. L No more than one hundred units depicted on the preliminary p|at(1O0) may be 14 approved aspart ofa final plat until a second access is provided to the subdivision via a connection through the property hothe south ofthe Hammes Estates. M. The Developer shall be responsible to monitor the ,eotnnad southern shoreline of Goose Lake for invasive species for a period of years as specified in the MN DNR Public VVehans Work Permit. N. The Developer shall submit all documentation of nennodiahnn activities related to a recorded soil contamination on the site tothe Minnesota Pollution Control Agency for review and approval. The Developer shall submit the acknowledgment ofapproval from the Minnesota Pollution Control Agency to the City prior to the issuance of building permits for all lots in the recorded plat affected by the soil contamination event. The Developer must sub/nit the acknowledgement ofsuccessful rennediationfrom the MPCA prior to the City's consideration of subsequent phases of the Hammes Estates development. 31. 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 ifthe Developer sells one ormore lots, the entire plat, orany part ofit. B. Retaining walls that require a building permit shall be constructed inaccordance with plans and specifications prepared by a structural or goo(echnica| engineer licensed by the State of Minnesota. Following oonotruohon, n certification signed by the design engineer shall be h|od with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified onthe development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for o lot on which a retaining vvaU is required to be built, C. Appropriate legal documents including Homeowner Association docunnents, covenants and restrictions relating to the plat approval and ouUnts and oonveyannes, as approved by the City Attornoy, shall be filed within thirty (30) days of the recording of the p|ot. No third- party beneficiary status is hereby conferred. All ovUVtoand oonnnnon areas, including [JuUoi D. 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 Harnnnao Estates and without regard to the formalities nrrequirements ofMinn. Stat, §429. D. Developer shall take out and maintain or cause to be taken out and maintained until six /0\ months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including deoth, 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 /eoo than $500.000 for one person and $1.000.000 for each occurrence; limits for property damage nhoU be not |ean than $200'000 for each occurrence; or o combination single limit policy of $1.000.000 or more, The City nhm|| be named as an additional insured on the po|icy, 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 ofthe cancellation ofthe insurance. E. Third parties shall have norecourse against the City under this Contract. F. If any portion, secdon, subsection, sentence, clause, paragraph, or phrase of this Contract iafor any reason held invo|)d. Such decision nhn|| not affect the validity of the remaining portion of this Contract. G, The action or inaction of the City shall not constitute a waiver oramendment bnthe provisions of this Contract. To be binding, amendments or waivers shall be in wrh)ng, signed by the parties and approved by written resolution of the City Council. The Cdx's failure to promptly take legal action to enforce this Contract shall not beowaiver orrelease. H. This Contract nho8 run with the land and may be recorded against the 1Wo to the property. The Developer covenants with the City. its successors and o0nignp. that the Developer has foe title tothe property being final platted and/or has obtained consents tothis Contoact, inthe form attached horeto, 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 ofthe foregoing covenants. i Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power orremedy, express mimplied, now or hereafter arising, available to Citv, at law or in equity, or under any other agreennent, and each and every right, puvvar 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 nho|| not be a waiver of the right to exercise at any time thereafter any other right, power orremedy. J. The Developer represents to the Qh/ that the plat oornpUos with all city, oounty, nnetropoUten, state, and federal laws and regulations, including but not limited to: subdivision onj|nances, zoning ondinencon, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction nrdevelopment work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 32. EVENTS OF DEFAULT. The following shall be "Events of Dotsu|[ under this Agreement and the term "Event of Default" shall nnean, whenever it is used in this Aorcennent, any one or more of the following events: A. Subject to unavoidable de|ayo, failure by Developers to ournnnenoe and nonnp|eb* construction of the Public Improvements pursuant to the tonns, conditions and limitations ofthis Agreement and the continuance of such failure for a period of thirty (30) days after written notice thereof (provided, however, that inthe event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the drcunno(ances). B. Failure by Developers tosubstantially observe or perform any material oVvenont, cnndition, obligation or agreement on their part to be observed or performed under this Agreement and the continuance of such failure for a period of thirty (30) days after written notice thereof (provided, however, that in the event ofabona fide emergency, the City shall only be required to give such notice as is practicable under the circumstances). 33. FJEK8ED|E0 ON DEFAULT. Whenever any Event of Default occurs, the Cih/, subject to any rights of third parties agreed to by the City pursuant to this Aonaonnent, or otherwise by written, executed instrument ofthe City, may take any one nrmore ofthe following: A. The City may suspend its \performance under the Agreement until it receives assurances from Developers, deemed adequate bythe City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the rightnfthe 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 Devm|opnrs, or immediately draw nn the Letter of Crodit, an set forth in this Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City may undertake to do the work and assess the costs to the individual lots within the plat without /wganj to the formalities orrequirements ofMinn. Stal. §429.. 18 34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the rightof the City to enforce the terms of this Agreement against the DavekJper, by action for specific performance or damages, or both, or by any other legally authorized means, The Developer also acknowledges that its tsUurn to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may inc|ude, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 35. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and fmu|h/ workmanship. The Developer shall submit either cash or a letter of credit for twenty-f ive 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 nevvor and water mains shall be two (2) years from the date of final written City acceptance nfthe work. B. The required warranty period for all vmnk relating to street oonntnunUon, including concrete curb and gutter, sidewalks and troi|s, materials and equipment shall be one (1) year from the date of final written acceptance, unless the wearing course in 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 ofthe 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 vvotor infiltration areas (Out|otA) shall be three (3) years following installation, The Developer nheU also enter into afunded maintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping for within these storm water infiltration enaes. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination ofweeds and invasive species. 19 36. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the bsnns of this agreennert, payment of special mnaosonnerto, payment of the costs of all public innprovemants, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit. in the form attached hereto, from e bank, oonh escrow o, e combination cash escrow and Letter of Credit /"neCurhv"\for $2,O80.82S'5O.The amount ofthe security was calculated 8sfollows: CONSTRUCTION COSTS: Streets $489.243.50 Sanitary Sewer $569.227.75 VVgternnain $359.915.00 Surface Water Facilities /p)pe.ponds, rain gardens, $479.785,50 Grading $25.000-00 Erosion Control $25.801.80 Sidewalks/Trails $117.884.00 Street Lighting Xue|to Install, to be pre -paid directly by Developer Street Signs and Traffic Control Signs $3,550.00 Landscaping $222.856.00 Tree Preservation and Restoration $3.800.00 Wetland Mitigation and Buffers Separate letter ofcredit through VVotn,ehed District Monuments $5.700.00 Miscellaneous Facilities N64 Developer's Record Drawings $2.500.00 Construction Sub -Total $2,304'663.65 Total Project Securitiws(at125Y6ConstruoUmn $2.880.828.50 20 This breakdown is for historical reference; it is not restriction on the use of the mecurity. The bank shall be subject to the approval of the (]\v Administrator. The City may draw down the smouritv, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior tothe 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 bmused tncure the default. 37. REDUCTION OF SECURITY. Upon written request bythe Developer and upon receipt of proof satisfactory to the City Engineer that work has been cVnnp|atod and financial obligations to the City have been satisfied, WithCity Engineer approval the security may bereduced asfollows: A� Up to 50%. or $1.440.414.78ofthe security provided in accordance With paragraph 32. above may be released when: /1\ Developer's obligations under this Agreement have been completed and the Public Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list |iems, but not including the final vw8er course; and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided by the City in writing and satisfactory evidence of payment, such as lien waivers are provided. B. Up to on additional 25%. or $720.207.39of the security provided in accordance with paragraph 32. above may be released whum (1) Developer's obligations under this Agreement have been completed and the Improvements have been found to be complete to the satisfaction of the City including all corrective work for any |dondOnd punch list items and including the final wear course; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivers, are provided. C. Twenty percent (25Y6) of the mrnnuntn certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4)the required "record" plans have been received and approved by the C)h/. (5) a warranty security is provided. and /G\the public improvements are accepted bythe City. 38' SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash 21 requirements under this Contract which must be fumished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $171.000.00 Water Availability Charge (WAC) $171.000.00 Park Dedication $107.554.00 Street Light Operating Fee $499.68 City Base Map Upgrading $1.425.00 City Engineering Administration $50.00.O0(Based ontwo months of Escrow administration/observation) Total Cash Requirements $501,478.68 39. NOTICES. Required notices tothe Developer shall boinwriting, and shall be either hand delivered to the Deve|opor, its employees or agonts, or mailed to the Developer by certified mail at the following address: 38 Moonlight Bay, SbUvvater, MN 55082. Notices bothe City shall be in writing and shall be either hand delivered to the City Adminintnah}r, or nno/kad to the City by certified nnmU in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Bnno, Minnesota 55042. 40. EVIDENCE OFTITLE, Developer shall furnish the City with evidence of its fee ownership of the property being platted hyway Vf anaU0nley'otitle opinion or title insurance policy dated not earlier than thirty (3O)days prior tnthe execution ofthe plat. (SEAL) CITY OF LAKE ELMO AND 22 . City Clerk THE RYLAND GROUP, INC. BY: Its STATE OFM|NNEGOTA 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 Bnno. a Minnesota municipal oorporo(ion, on behoff of the corporation and pursuant tothe authority granted byits City Council. NOTARY PUBLIC STATE OFNUNNE8OTA > (an. COUNTY OF The foregoing instrument was acknowledged before me this day of . 2015, by The Ryland Group, Inc., a Maryland corporation, for and on behalf of the corporation. DRAFTED BY: City nfLake Elmo 3800Laverne Avenue North Lake Elmo, MIN 55042 NOTARY PUBLIC 23 FEE OWNER CONSENT DEVELOPMENT CONTRACT TO . fee owners of all or port of the subject pnoperty, the development of which is governed by the foregoing Development Conhact, affirm and consent tothe provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of STATE OF MINNESOTA (ss' COUNTY OF .2 The foregoing instrument was acknowledged before me this day of . 2 by DRAFTED BY: City ofLake Elmo 3800Laverne Avenue North Lake Elmo, MN 55042 NOTARY PUBLIC 24 DEVELOPMENT CONTRACT MORTGAGE CONSENT TO " which holds amortgage nn the subject pnoperty, the development ofwhich 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 0FK8|NNESOTA COUNTY OF The foregoing instrument was acknowledged behzna me this day of DRAFTEDBY� City cdLake Elmo 3000Laverne AvonvoNorth Lake Elmo, MN 55042 NOTARY PUBLIC 25 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Hammes Estates 1st Addition That part of the South Half of the Northeast Quarter of Section 34, Township 29 North, Range 21 West, Washington County, Minnesota, EXCEPT the East 60.00 feet of the North 967 feet of said South Half of the Northeast Quarter thereof. AND EXCEPT Parcel 3 of Washington County Highway Right of Way Plat 49-19B, recorded September 18, 1985 as Document Number 492530. 26 Contract Item VVatennain Gate Valves Plugs Fittings Total Qversizin8Esdmate ���U��UlF "��' EXHIBIT ^ ~~ DEVELOPMENT CONTRACT TO City Oversizing Payment Calculation Cost/ Cost Increase Unit (8"to12"VVK8) Quantity Amount LF S12,50 3'104 $38,800.00 EA $1,225O0 4 $4,900M EA $345,00 Z $690.00 Lbs \5.8O 1,131 S5,65I08 $50,045.00 27 IRREVOCABLEER ��� CREDIT —_ ~ - - Dear Sir or Madam: Nu VVehereby issue, for the account uf (Name ofDevw|ooer) and inyour favor, our Irrevocable Letter of Credit in the amount of $ .available 10you byyour draft drawn onsight onthe undersigned bank ekits offices \nMinnesota. The draft must: a)Bear the clause, "Drawn under Letter ofCredit No, dated .2 .of (Name ofBank\ ^; b)Bosigned bythe Mayor orCity Administrator o[the City ofLake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, This Letter of Credit shall au(omahoaUyrenew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which oheU be November3U of each year), the Bank delivers written nndnm0othmLakeBmuCiLyAdministrehordnatit\n0endstomodJydheVermcof.oroanoe|.\hiaLetterofCreditVVhtton notice is effective if sent bycertified mai|, postage prepaid, and deposited in the U.S. Mai|, atleast forty-five (45) days prior k/the next annual renewal date addressed as follows: City Administrator, City HaU, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator ot least thirty(3O) days prior to the ,onevma| This Letter of Credit sets forth in full our understanding which shall not in any way be nnndifiad, 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 CnadiL More than one draw may Ue made under this Letter ofCredit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber ofCommerce Publication No. 500. We hereby agree that draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Its 28 TIIII CITY (?r 12d-(E ELMO AY0 & COU C L CO UNICATIO DATE: October 7, 2014 REGULAR ITEM # 14 AGENDA, ITEM: Hammes Estates Residential Subdivision - Final Plat (Phase 1) SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Planning Commission Kyle Klatt, Community Development Director Jack Griffin, City Engineer Greg Malmquist, Fire Chief Stephen Mastey, City's Landscape Consultant SUGGESTED ORDER OF BUSINFSS: Introduction of Item Development)ireci or Report/ ..... „ ...Community Development Director Questions from C'ouncil to ...... ..... Mayor Facilitate's ('all for Motion ..... ....... Mayor & City Council ...... ...................... Mayor & City Council Action on ..... ...... Mayor Facilitates POLICY RECCOMENDER: The Planning Commission is unanimously recommending that the City Council approve a final plat request from Hammes West, LLC for the first phase of a 163 unit residential development to be located on 78 acres of land west of Keats Avenue and within the City's 1-94 Corridor Planning Area. The final plat will include 57 single-family lots, all of which will be accessed off of Keats Avenue (CSAH 19). FISCAL IMPACT: TBD — the City will be asked to review a developer's agreement concerning the final plat at its October 7, 2014 meeting. The agreement will include a detailed accounting of any development costs that will be the responsibility of the City. The subdivision is included in the Section 34 utility project area, and therefore the developer is being assessed for the costs of the project to bring sewer and water to the site. SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request from Hanunes West, LLC for approval of a final plat for the first phase of the Hammes Estates residential development. The final plat includes 57 single-family residential lots, and the -- page 1 -- City Council Meeting [Regular Agenda Item 14] October 7, 2014 related construction plans for the improvements necessary to serve these homes. The City Council approved the Hammes Estates Preliminary Plat on July 1, 2014, which covered approximately 78 acres of land within the 1-94 Corridor planning area. There are 163 single family residential lots planned within the entire subdivision, and the final plat covers only a portion of the overall total of units that will eventually be platted. The public improvements associated with the site will be installed by The Ryland Group in conjunction with the applicant. The Planning Commission considered this matter at its September 22, 2014 meeting and unanimously recommended approval of the final plat subject to 16 conditions of approval. The suggested motion to adopt the Planning Commission recommendation is as follows: "74ove to adopt Resolution No. 2014-81, approving the final plat for Hammes Estates" BACKGROUND INFORMATION: Attached are the original detailed Staff report that was provided to the Planning Commission regarding the applicant's request for a final plat, which includes general information about the application, a summary of the relevant planning and zoning issues, a thorough review and analysis of the final plat (including a draft list of recommended conditions of approval), draft findings, and the Staff recommendation to the Planning Commission. In addition to the information provided in the Staff Report, it should be noted that the applicant is requesting to amend Condition #13 related to the Minnesota Pollution Control Agency (MPCA) approval letter of the remediation of the soil contamination event on the Hammes site. As demonstrated in the request letter in Attachment #3, the applicants are requesting that the approval letter from the MPCA be provided prior to the issuance of building permit for affected lots as opposed to prior to the release of the Final Plat. The reason for the request relates to the closing of the property by The Ryland Group. If the Final Plat is delayed due to the MPCA approval process, which is estimated to take 30-60 days, the closing or purchase of a large portion of the property by the Ryland Group will also be delayed. After consulting with the Fire Chief and MPCA on the request, staff determined that the request is reasonable and will not create a negative or dangerous situation in the interim period while the review by MPCA is completed. It should be noted that the applicants have submitted a Phase 1 Environmental Review for the site, as well as substantial information regarding the cleanup and disposal of the contaminated soil. The Fire Chief simply want to close the loop by requesting the applicant enter the Voluntary Brownfield Program to ensure that the remediation work that was completed has properly addressed the contamination. Staff recommends that condition #13 be amended per the suggested language from the applicant (Attachment #3). PLANNING COMMISSION REPORT: The Planning Commission reviewed the final plat application at its September 22, 2014 meeting. During the meeting, the Planning Commission engaged in discussions regarding the design and locations of the trails, the stormwater facilities, the phasing of the proposed subdivision, and other pertinent topics and questions. In reviewing the final plat, the Planning Commission -- page 2 -- City Council Meeting [Regular Agenda Irem 14] October 7, 2014 recommended two additional conditions of approval: 1) that any trail segment designed as a boardwalk must be able to safely accommodate bicycle traffic, and 2) that the developer must inventory and replace trees that arc removed on the City park land due to the installation of the trail. The Planning Commission recommended that the trees be replaced at the schedule or rate required under the City's tree preservation ordinance (§154.257). In addition to these added conditions, the Planning Commission wanted to ensure that the MPCA approve the soil remediation work prior to the City releasing final plat for recording. Further detail of the Planning Commission discussion on the Hammes Estates Final Plat can be found in the 9/22/14 draft minutes. The Planning Commission recommended approval of the final plat as submitted with 16 conditions of approval. The vote to recommend approval of the Hammes Estates Final Plat was unanimous (Vote: 7-0). STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS:. Strengths: The proposed final plat is consistent with the approved preliminary plat subject to the conditions being recommended by Staff and the Planning Commission. Weaknesses: Several conditions of approval must be met by the applicant, including revisions to the final construction plans to address comments from the City Engineer. Opportunities: Approval of the plat application allows the development plans for the Hammes site to proceed as planned in the Comprehensive Plan. Moving forward with sewered single family growth should allow the City to add additional users to the City's public sanitary sewer system, helping to finance the City's investments in sanitary sewer. Threats: None RECOMMENDATION: Based on the a orementioned, the Planning Commission and Staff are recommending that the City Council approve the Hammes Estates Final Plat subject. to 16 conditions of approval throughthe following niotion: "Move to adopt Resolution No. 2014-81, approving the final plat for Hammes Estates" ATTACHMENTS: 1. Resolution 2014-81 2. Staff Report to the Planning Commission, 9/22/14 3. Hammes West, LLC Request to Arnend Condition #13 4. Application Form 5, Preliminary Plat Response Letter (Westwood Engineering) 6. Final Plat (3 sheets) -- page 3 -- City Council Meeting [Regular Agenda Item .14] October 7, 2014 7. Final Construction Plans (Sanitary Sewer, Water Main, Storm Sewer and Streets — 17 sheets) 8. Final Construction Plans (Grading, Drainage and Erosion Control — 14 sheets) 9. Final Landscape Plans (4 sheets) 10. Park Location Plan 11. City Engineer Review Memorandum, dated 9/18/14 12. Fire Chief Review Memorandum, dated 9/18/14 13. Landscape Consultant Review Memorandum, dated 8/25/14 and 9/18/14 14. Valley Branch Watershed District Permit 15. MN DNR Permit to Restore Southern Shore of Goose Lake 16. Excerpt of Park Commission Minutes from 7/21/14 Meeting. 17. Goose Lake Park Area Sketch 1 8. Soil Contamination Remediation Report -- page 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-81 RESOLUTION APPROVING A FINAL PLAT FOR HAMMES ESTATES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota: and WHEREAS, Han-unes West, LLC, 36 Moonlight Bay, Stillwater, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on May 12, 2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the Preliminaiy Plat until its June 23, 2014 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council for the July 1, 2014 City Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary P]at; and WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014 meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat; and WHEREAS, the Lake Elmo Planning Conrunission met on September 22, 2014 to review the Final Plat for Hammes Estates consisting of 57 single-family residential lots; and WHEREAS, on September 22, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Hammes Estates with conditions; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Hammes Estates at a meeting held on October 7, 2014; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elrno City Code, Section 1.53.08. Resolution 2014-81 2) That all the requirements of said City Code Section 153.08 related to the Final Plat have been met by the Applicant. 3) That the proposed Final Plat for Hammes Estates consists of the creation of 57 single-family residential lots. 4) That the Hammes Estates Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on July 1, 2014 and revised on August 25, 2014. 5) That the Hammes Estates Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 6) That the Hammes Estates Final Plat complies with the City's Urban Low Density Residential zoning district. 7) That the Hammes Estates Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof 8) That the Hammes Estates Final Plat complies with the City's subdivision ordinance. 9) That the Hammes Estates Final Plat is consistent with the City's engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated September 1.8, 2014, CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Hammes Estates subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in a memo dated 9/18/14 shall be incorporated into these documents before they are approved. 2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants it has fee interest in area included in the Hammes Estates Final Plat. Prior to the execution of the Final Plat by City officials, the Developer s.hall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 2 Resolution 2014-81 4) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the release of the Final Plat for recording. 5) A Common Interest Agreement concerning management of the common areas of Hammes Estates and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. Said agreement shall comply with Minnesota Statues 51 5B.3-103, and specifically the provisions concerning the transfer of control to the future property owners. The applicant shall also enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the Final Plat. 6) The applicant shall provide fees in lieu of land dedication for 2.1 acres of land to fulfill the City's parkland dedication requirements in a pro -rated amount for the Phase 1 Area or in an amount addressing the total site, 7) The Final Landscape Plan shall be revised per the requested modifications of the City Landscape Consultant, documented in a memo dated 9/18/14. Final Landscape Plans shall be approved prior to the release of Final P1at for recording. 8) The applicant shall provide evidence that all conditions attached to the Valley Branch Watershed District pennit for the Final Plat and associated grading work have been met prior to the commencement of any final grading activity. 9) The applicant must provide written authorization to perform any work in the Electrical Transmission easement areas prior to the release of the Final Plat for recording. I 0) The applicant shall provide evidence that Washington County has approved final construction plans for all required work within the Keats Avenue right-of-way as described in a letter from the County dated May 6, 2013. Final Construction Plans provided to the City shall be updated to include the improvements approved by Washington County 11) The applicant shall abide by all conditions of the MN DNR Public Waters Work Permit dated 8/27/14. 12) The applicant must revise the Goose Lake Park Plan to provide greater separation between the public use area and the lift station maintenance area. The applicant will be responsible tbr all necessary watershed district permitting requirements related to the Goose Lake Park improvements. 13) Per the recommendation of the Fire Chief, the applicant must submit all documentation related to the mitigation of the soil contamination to the Minnesota Pollution Control Agency's Voluntary Brownfield Program for review and approval prior to the release of Final Plat for recording. 14) Prior to the acceptance of the public improvements for the 1st Phase of the Hammes Estates subdivision, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. Resolution 2014-81 15) Any boardwalk trail segments included in the Harrunes Estates subdivision must be designed to accommodate bicycle traffic. 16) All trees impacted by the northern buffer trail must be inventoried and replaced at the schedule or rate specified in the City's tree preservation ordinance (§154.257). Passed and duly adopted this 711) day of October 2014 by the City Council of the City of Lake Elmo, Minnesota, ATTEST: Adam Bell, City Clerk 4 Resolution 2014-81 Mike Pearson, Mayor I I It (1 rY LAKE ELMO ITEM: SUBMITTED BY: REVIEWED BY: PLANNING COMMISSION DATE: 9/22/13 AGENDA ITEM: 4A - BUSINESS ITEM CASE # 2014-44 Hammes Estates Residential Subdivision — Final Plat (Phase 1) Nick M. Johnson, City Planner Kyle Klatt, Community Development Director Jack Griffin, City Engineer Greg Malmquist, Fire Chief Stephen Mastey, City's Landscape Consultant SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Final Plat request from Hammes West, LLC for the first phase of a planned 163-unit residential development to be located on 78.1 acres of land west of Keats Avenue and within Stage 1 of the City's 1-94 Corridor Planning Area. The final plat will include 57 single-family lots, all of which will be accessed off of Keats Avenue. Staff is recommending approval of the request subject to compliance with a series of conditions as listed in this report. GENERAL INFORMATION Applicant: Hammes West, LLC, 36 Moonlight Bay, Stillwater, MN 55082. Property Owners: Ellie Hammes, 1187 Forest Ave., Maplewood, MN 55109, and Dorothy Lyons, 10105 101h Street North, Lake Elmo, MN 55042. Location: Part of Section 34 in Lake Elmo, immediately west of Keats Avenue (CSAH 19), approximately 1,300 feet south of 101h Street (CSAH 10), and immediately south of Goose Lake. PID Number 34.029.21.13.0001. Request: Application for final plat approval of 57 residential lots, constituting the first phase of a subdivision to be named Hammes Estates. Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: The site was previously utilized as an active mining and gravel operation. The site has since been reclaimed. Current Zoning: LDR - Urban Low Density Residential North —Goose Lake and Stonegate Residential Estates (RE) subdivision; west — Stonegate RE subdivision; south — Lennar Savona Urban Low Density Residential (LDR) subdivision. Urban Low Density Residential (2.5 — 4 units per acre) History: Preliminary Plat approved on 7/1/14 (public hearing on 5/12/14). Deadline fbr Action: Application Complete — 9/15/14 60 Day Deadline — 11/13/14 BUSINESS ITEM 4A Applicable Regulations: Extension Letter Mailed — No 120 Day Deadline — 1/12/15 Chapter 153 — Subdivision Regulations Article 10 — Urban Residential Districts (LDR) §150.270 Storm Water, Erosion, and Sediment Control 2 REQUEST DETAILS The City of Lake Elmo has received a request from Hammes West, LLC for final plat approval of the first phase of the Hammes Estates residential development. The final plat includes 57 single family residential lots and the infrastructure necessary to support the future homes on these lots. The City Council approved the Hammes Estates Preliminary Plat on July 1, 2013, which covered approximately 78 acres (gland within the I-94 Corridor Planning Area. There are 163 single family residential lots planned within the entire subdivision, and the final plat covers only a portion of the overall total of units that will eventually be platted. Hammes West, LLC, in conjunction with Ryland Homes, is finalizing the purchase of the land. Submission of adequate title evidence to the City Attorney will be required of the applicant in advance of the City releasing the Final Plat for recording. The final plat area represents the initial project phase of the overall Hammes Estates development. The developer intends to build homes in the subdivision moving generally from the east to the west, ex -tending infrastructure to serve each phase with future projects. Likewise, the developer will be conducting final grading on the site in phases as well, as the majority of the site has undergone initial grading work as part of the approved reclamation plan for the site's mining permit. This grading will be necessary to establish the overall storm water management system on the site, but the plan will be revised when the individual lots are created as part of a future development phase. The applicant has submitted detailed construction plans for related to sanitary sewer, water main, storm sewer, grading, drainage, landscaping, and other details that have been reviewed by the City Engineer, The City's subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City's approval of the Hammes Estates Preliminary Plat did include a series of conditions that must be met by the applicant, which are addressed in the "Review and Analysis" section below. There are no public hearing requirements for a final plat. It should also be noted that the zoning of the Hammes site was changed from Rural Development Transitional District (RT) to Urban Low Density Residential (LDR) as part of a broader zoning map update that was approved by the City Council on July 22, 2014. In order to proceed with the recording of the Final Plat, a site must have the proper zoning designation in place. The Hammes site fulfills this criterion, as LDR zoning is the appropriate zoning for the single family subdivision. Staff has reviewed the final plat and found that it is consistent with the preliminary plat that was approved by the City. The developer has recently updated the preliminary plan submissions to comply with the conditions of approval, and the final plat application incorporates these updates as well. Please note that the final plat and construction plans now include approved street names for the subdivision. The City Engineer has reviewed the final plat, and his comments are attached to this report. Although there are some additional revisions and additions necessary for the final construction plans BUSINESS ITEM 4A that need to be addressed by the applicant, thc majority of these revisions can be made before the City releases the final plat for recording. Staff is recommending that all revisions and modifications noted within the City Engineer's review memorandum be completed prior to the release of Final Plat for recording as a condition of approval. REVIEW AND ANALYSIS The preliminary plat for Hammes Estates was approved with several conditions, which are indicated below along with Staffs comments on the status of each. For those items and issues that are not directly addressed below, Staff has provided additional comments following the preliminary plat conditions list. Staff is recommending approval of the final plat, but with additional conditions intended to address the outstanding issues that will require additional review and/or documentation. Please also note that the applicant has also provided a response to the preliminary plat conditions and their response is included as an attachment to this report (Attachment #12). Preliminary Plat Conditions — With Staff Update Comments (updated information in bold italics): 1) Within six months of preliminary plat approval, the applicant shall complete the following: a) The applicant shall provide adequate title evidence satisfactory to the City Attorney; and b) The applicant shall submit a revised Preliminary Plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an application for Final Plat and prior to the commencement of any grading activity on the site. Comment: a) all tide work will need to be submitted and reviewed by the City Attorney before any City officials sign the final plat (Condition #2); b) revised preliminary plat and plans have been received by the City and were found to address previous conzments. The City Engineer has identified to design modifications related to depth of storm sewer and the location of one segment ofwatermain, both in the western portion of the plat. The City Engineer has confirmed that these design modification are not impactful to the first phase of Hammes Estates. Nonetheless, the City Engineer has requested that these revisions be submitted in order to facilitate more accurate and efficient review offitture phases of the Hammes Estates subdivision. The applicant has acknowledged this requirement and will address the requested modifications before the City will release the Final Plat for recording. 2) The City Engineer shall review and approve all revised Preliminary Plans that arc submitted to the City in advance of Final Plat to satisfy Condition 111. Comments: See Condition #1 response. 3) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements. Comntents: The applicant has acknowledged that approval is conditioned upon meeting City standards and design requirements, 4) All required modifications to the plans as requested by the City Engineer in a review letter dated June 16, 2014 shall be incorporated into the plans prior to consideration of a Final Plat. Comments: The applicants have addressed the Engineer's review comments, but design modifications are necessary with regards to storm sewer depth and watermain alignment in the western portion of the plat. The Engineer has confirmed to staff that the requested modifications to not materially impact the I" Phase of Hammes Estates. BUSINESS ITEM 4A 4 5) Prior to the acceptance of the public improvements for the Hammes Estates plat, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. Comments: The final construction plans (Grading, Drainage and Erosion Control) include wetland buffer monuments to identify the locations of all wetland buffers. The applicants have met this condition. However, in order to ensure that the monuments are installed, staff recommends that this condition be carried forward as a condition offitud plat approval for all subsequent phases of the Hammes Estates subdivision (Condition #I4). 6) The landscape plan shall be updated per the recommendations of the City's landscape consultant in a review memo dated 5/7/14. Comments: The City's Landscape Consultant has reviewed the updated Preliminary Landscape Plan and found it to be in conformance with the City's landscaping ordinance. More specifically, the applicants have provided additional plant material to meet the City's requirements. Based upon the approval of the City's Landscape Consultant, this condition has been met. 7) The applicant shall be responsible for the construction of all improvements within the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the review letter received from the County dated May 6, 2014. The required improvements shall include, but not be limited to: construction of a modified median crossing, construction of a trail/sidewalk to the south side of the median, turn lanes, and other improvements as required by the County. Comments: The Final Construction Plans have been revised in response to these comments. The applicants have submitted an access permit to Washington County, which is currently being reviewed. The applicants will be responsible to incorporate any requested revisions or modifications that result from the County's review of the access to Keats Ave. into the Final Construction Plans (Condition #10) 8) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. Comments: The applicant has received a permit from the Valley Branch Watershed District (Attachntent #11) for the grading work proposed in the final plans. This permit includes conditions that must be met prior to the commencement of any final grading work on the site. The applicant Fvill be required to observe all conditions of the Valley Branch Watershed District permit throughout construction (Condition #8). 9) Landscape islands shall be platted as part of the right-of-way and shall be maintained by the Home Owners Association. The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. Comments: The applicant has indicated that there will be a homeowner's association created for this development. The City has not yet received documentation that this association has been established. A maintenance agreement and evidence that the HOA has been established should be retained as a condition of approval for the final plat (Condition #5). 10) With an eligible parkland dedication of 5.7 acres provided, the applicant is responsible to pay a fee in lieu of land dedication for the equal market value amount of 2.1 acres of land at the time of the Final Developers Agreement. The City will work with the developer to clarify any and all park fee payments at the time of the Final Developers Agreement. Comments: Staff is BUSINESS ITEM 4A recommending that the payment offees in lieu of land dedication either be pro -rated based on the percentage of the final plat area compared to the entire Hammes Estates development, or the total required amount be collected for the entire subdivision. As a condition of approval, staff is recommending that the required parkland dedication fee be collected prior to the City releasing the Final Plat for recording (Condition #6) 1 ) No more than 100 units may be approved as part of a final plat until secondary access is provided to the subdivision via a connection to 5a' Street through the Savona subdivision. Comments: The proposed final plat includes 57 units, which means the applicant may plat an additional 42 units before secondary access through the Savona subdivision to the south is required. 12) For trails proposed to be located in any wetland buffer, the applicant must presenl a suitable design or material that is acceptable to the City and Valley Branch Watershed District. Comments: The applicants have presented a boardwalk design to the watershed district and the VBWD was agreeable to a boardwalk design through a small portion of the buffer area. City staff was in attendance at the VBWD Board Meeting and offered support for the boardwalk design. The construction details of the proposed limited boardwalk section within the wetland buffer must be provided to the City as part of the Final Construction Plans for the pertinent future phase of the Hammes Estates subdivision. 13) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. Comments: The applicants are not proposing any final grading in advance of Final Plat approval. Final grading activities require the approval of the Final Grading Plans by the City Engineer. 14) The applicant must incorporate a play structure into the proposed park at Goose Lake per the request of the Lake Elmo Park Commission. Furthermore, the applicant must submit an updated design of thc park property that meets City approval in advance of Final Plat. Comments: Regarding the play structure, the Park Commission reviewed the proposed improvements to Goose Lake Park at the 7/21/14 meeting and determined to relocate the structure to some other location within the subdivision. The Park Commission wanted to minimize the removal of significant trees in the area and were concerned about the proximity to Keats Avenue (CSAH 79). The applicant were directed to find another location for the City to locate a play structure in the future. Greater detail of the Park commission discussion can be found in Attachment # 13. To respond to this direction, the applicants have presented two potential locations, as evidence in the Park Location Plan (Attachment #7). City Staff will continue to work with the applicants and the Park Commission to site a play structure as part of a filture phase of the development. Regarding the design of Goose Lake Park, the applicants have submitted additional details of the proposed park area as part of the Final Landscape Plan. The proposed grading addresses staff concerns regarding the location of the improvements in the context of the 100-yearflood elevation of Goose Lake. However, the park property improvements must be revised to better separate the public use area and the lift station utility area. The City Engineer has provided a proposed sketch (Attachment #l4) that reorients the parking to better separate these areas, allowing for better access and work space for City maintenance BUSINESS ITEM 4A 6 staff As a condition of approval, the park property improvements must be revised to meet the approval of the City Engineer. This design must also maintain the required 25-foot setback from the OHWL as specified in the Valley Branch Watershed District Permit. Finally, the applicant will be required to obtain the necessary watershed district permit for the improvements to Goose Lake Park (Condition #12). 15) The applicant shall work with the Planning Staff to name all streets in the subdivision prior to submission of a Final Plat. Comments: The applicants have updated the Final Plat and Final Construction Plans with the correct street names as directed by City staff This condition has been met. 16) Lots 1-6, Block 10 and Lots 1-5 and 11 -12, Block 9 shall not be platted until the southern channel of Goose Lake is closed off from the lake, or the shoreland issue around the channel is resolved in some other mariner that is acceptable to the DNR. Comments: The applicants have received MN DNB approval to restore the southern shore of Goose Lake back to its original state, closing off the southern channel and Wetland G. This condition has been :net, and the MNDNR permit is found in Attachment #11. The applicant shall be responsible for following all requirements and conditions of the DNB permit, including the 5-year invasive species in (Condition #11). 17) The applicant shall work to relocate segments of the northern buffer trail further to the south of the Stoncgate subdivision wherever it is feasible as long as the trail does not encroach on any required wetland buffers. Comments: The portion of the northern buffer trail to the south of Goose Lake has been moved further to the south across the restored shoreline. The trail has not been moved further south in any other locations on the updated preliminary plans, as the other segments of the trail directly abut required wetland buffers or must be located in locations to not impact stormwater management facilities or to maintain proper grade. In the judgment of staff, the applicants have reasonably met this condition. Staff is recommending that the conditions noted above that pertain to the Final Plat and that have not yet been addressed by the applicant should be adopted with the Final Plat. The City Engineer's review letter does identify several issues that need to be addressed by the developer in order for the City to deem the final plans complete. However, the majority of these concerns are related to the construction plans and should have limited bearing on the final plat. Staff is recommending that City Officials not sign the final plat mylars until the City's construction plan review is finalized and all necessary easements are documented on the Final Plat. In addition to the items discussed above, it should be noted that the Fire Chief is requesting verification from the Minnesota Pollution Control Agency (MPCA) that the rernediation activities completed by the applicant have correctly addressed a previous incident of soil contamination on the site. For the purpose of documentation, the applicants have provided the soil remediation report (Attachment #15) to document that the contamination has been properly addressed. In order to ensure procedural compliance, the Fire Chief is requesting that the applicants submit this information to the Voluntary Brownfield Program at the MPCA to document compliance (Condition #13). The Fire Chiefs memo is found in Attachment #9. BUSINESS ITEM 4A 7 Based on the above Staff report and analysis, Staff is recommending approval of the Final Plat with several conditions intended to address the outstanding issues noted above and to further clarify the City's expectations in order for the developer to proceed with the recording of the Final Plat. The recommended conditions are as follows: Recommended Conditions of Approval: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in a memo dated 9/18/14 shall be incorporated into these documents before they are approved. 2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants it has fee interest in area included in the Hammes Estates Final Plat, 3) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 4) All easements as requested by the City Engineer and Public Works Department shall he documented on the Final Plat prior to the execution of the Final Plat by City Officials. 5) A Common Interest Agreement concerning management of the common areas of Hammes Estates and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building pemiit may be issued for any structure within this subdivision. Said agreement shall comply with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of control to the future property owners. The applicant shall also enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the Final Plat. 6) The applicant shall provide fees in lieu of land dedication for 2.1 acres of land to fulfill the City's parkland dedication requirements in a pro -rated amount for the Phase 1 Area or in an amount addressing the total site. 7) The Final Landscape Plan shall be revised per the requested modifications of the City Landscape Consultant, documented in a memo dated 9/18/14. Final Landscape Plans shall be approved prior to the release of Final Plat for recording. S) The applicant shall provide evidence that all conditions attached to the Valley Branch Watershed District permit for the Final Plat and associated grading work have been met prior to the commencement of any final grading activity. 9) Thc applicant must provide written authorization to perform any work in the Electrical Transmission easement areas prior to the release of the Final Plat for recording. 10) The applicant shall provide evidence that Washington County has approved tinal construction plans for all required work within the Keats Avenue right-of-way as described in BUSINESS ITEM 4A a letter from the County dated May 6, 2013. Final Construction Plans provided to the City shall be updated to include the improvements approved by Washington County 11) The applicant shall abide by all conditions of the MN DNR Public Waters Work Permit dated 8/27/14. 12) The applicant must revise the Goose Lake Park Plan to provide greater separation between the public use area and the lift station maintenance area. The applicant will be responsible for all necessary watershed district permitting requirements related to the Goose Lake Park improvements. 13) Per the recommendation of the Fire Chief, the applicant must submit all documentation related to the mitigation of the soil contamination to the Minnesota Pollution Control Agency's Voluntary Brownfield Program for review and approval. 14) Prior to the acceptance of the public improvements for the lPhase of the Hammes Estates subdivision, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Hammes Estates Final Plat: 1) That the Hammes Estates Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on July 1, 2013 and revised on August 25, 2013. 2) That the Hammes Estates Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 3) That the Hammes Estates Final Plat complies with the City's Urban Low Density Residential zoning district. 4) That the Hammes Estates Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof. 5) That the Hammes Estates Final Plat complies with the City's subdivision ordinance. 6) That the Harrunes Estates Final Plat is consistent with the City's engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated September 18, 2014. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Final Plat for Hammes Estates with the 14 conditions of approval as listed in the Staff report. Suggested motion: BUSINESS ITEM 4A 9 "Move to recommend approval of the Hammes Estates Final Plat with the 19 conditions o approval based on the findings offact listed in the Staff Report." ATTACHMENTS: 1. Application Fonn 2. Preliminary Plat Response (Westwood Engineering) 3. Final Plat (3 sheets) 4. Final Construction Plans (Sanitary Sewer, Water Main, Storm Sewer and Streets — 17 sheets) 5. Final Construction Plans (Grading, Drainage and Erosion Control — 14 sheets) 6. Final Landscape Plans (4 sheets) 7. Park Location Plan 8. City Engineer Review Memorandum, dated 9/18/14 9. Fire Chief Review Memorandum, dated 9/18/14 10. Landscape Consultant Review Memorandums, dated 8/25/14 and 9/18/14 11. Valley Branch Watershed District Permit 12. MN DNR Permit to Restore Southern Shore of Goose Lake 13. Excerpt of Park Commission Minutes from 7/21/14 Meeting. 14. Goose Lake Park Area Sketch 15. Soil Contamination Remediation Report NOT INCLUDED BUT AVAILABLE BY REQUEST: 1. Updated Preliminary Plans ORDER OF BUSINESS: - Introduction. - Report by Staff. - Questions from the Commission. - Discussion by the Commission Action by the Commission BUSINESS ITEM 4A Planning Staff Planning Staff Chair & Cominission Members Chair & Commission Members Chair & Commission Members LLns WEST, LLC 36 MOONLIGHT BAY Snum ATER, 55082 September 30, 2014 Mr. Nick Johnson City of Lake Elmo niohnson@lakeelmo.orQ Re: City of Lake Elmo Requirements Dear Nick: We are requesting that Condition No. 13 of the Planning Commission recommendation be amended to state the following: "Per the recommendation of the Fire Chief, the applicant must submit all documentation related to the mitigation of the soil contamination to the Minnesota Pollution Control Agency's Voluntary Brownfield Prot for review and approval prior to the issuance of building permits for lots affected by the soil contamination, if any." Thank you. Sincerely, Date Received: Received By: LU File It 1 1 11: (.11 1 1)1 'AKE ELMO 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 FINAL PLAT APPLICATION Applicant ,1 Pr VY\ re J Address: .3(., Nor, Phone #", / el 3 (0 Email Address: c Fee Owner Address: Phone #: Email Address: 1_ tA_,9 koTr0Q, Property Location (Address and Complete (long) Legal Description: 117 ,2_ E ,,, .- .x.0 e AT a_ . ,-, --r11-5seei "i1 Ayh f7 . 4,' e(7 k 4 - 5 I\ I, y n At-l. 7 Ill — ) 7.6 wtis 7/ 4,-,7prt (7,4 i-r-b-7 General information of proposed subdivision: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received fro the City pertaining to additional application expense. Signature of applicant: Date: gilg Fee Owner Signature Date: Revised 3/12121114 11:36 AM LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 AFFIRMATION OF SUFFICIENT INTEREST I am the fee title owner of the below described p he owner to pursue the described action. Name of applicant ae e 7 00 c-I{: /4i/175 Please Print) Street address/legal description of subject property bate If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revised 3/13(2014 9 12 AM AFFIRMATION OF SUFFICIENT INTEREST The following owners hereby affirm that they are the fee title owners of the below described property and authorize Hammes West, LLC to proceed with the final plat of the property. Legal Description: Date: Date: Date: Date: South 1/2of the Northeast Quarter, Section 34, Township 29, Range 21, except the East 60 feet of the North 967 feet, and except Parcel 3 of Washington County Highway Right of Way Plat 49-19B, Washington County, Minnesota Dorothy Lyons, by Linda Papillon, Conservator/Guardian ( Leo Hammes, by Eleanor Hammes, Attorney in Fact argot Hammes by Eleanor Hammes, Attorney in Fact Estate of Earl Hammes By Edward Kuhlman, Personal Representative 77261f/V Ele-a-nor Hammes FEE OWNER CONSENT TO DEVELOPMENT CONTRACT Dorothy Lyons, Leo Hammes and Margot Hammes, husband and wife, the Estate of Earl Hammes, Eleanor Hammes and Hammes West, LLC, 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. Date: Date: Date:/ --.//r/Y Date: Dorothy Lyons, by Linda Papillon, Conservator/Guardian eo Hammes, by Eleanor Hammes, Attorney in Fact Margot Hamm by Eleanor Hammes, Attorney in Fact Estate of Earl Hammes By Edward Kuhlman, Personal Representative Eleanor Hamme Page 1 of 3 Eden Prairie, MN 5534-4 PHONE 952-937-5150 FAX e52-937-5822 TOLL PRE s 888-937-5150 UVestnxond August Z8,2O14 Nick]ohnson City ufLake Elmo 38OOLaverne Avenue North Lake Elmo, MNS5U42 Re Hammes Property Residential Subdivision, Lake Elmo, u0N Westwood No. 0002905.01 Dear Mr. Johnson: Westwood has completed revisions 0othe preliminary plat set and created final plans for this project, Modifications were made to the plans per your previous review comments. Attached are full-size copies for your review. For the majority of the items, Westwood has completed the revisions and included them onthe appropriate sheets. In order to facilitate your review, we have included your previous comments below, along with explanations on how these comments were addressed within the plan set; Conditions of Approval 1. Within six months of preliminary plat approval, the applicant shall complete the following; o. The applicant shall provide adequate title evidence satisfactory tothedtyAttomey. This itemWould besent o/the dtyƒron the developer directly. b' The applicant shall submit arevised Preliminary Plat and plans meeting all conditions of approval. All nf the above conditions shall bemet prior tothe city accepting an application for Final Plat and prior to the commencement of any grading activity on the site. Attached ore the revised preliminary plat and plans. I. The City Engineer shall review and approve all revised Preliminary plans that are submitted to theChyinadvanceofFina)P/at tosatisfy Condition #I.Altoc/,edore the preliminary plot p/on_5 'or the city engineer to review, In lieu of preliminary grading plon5, We hGVe COMpletedfinfll grading plans for the entire site. ]. The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements. Westwood 1?05 completed plan revisions with this in mind, 4� All required modifications to the plans as requested by the City Engineer in a review letter dated June 16, 2014 shall be incorporated into the plans prior to consideration of the Final Plat. See attached revised plans, rind responses rnthe city engineer comment5. August 20,2014 Page 2 S. Prior to acceptance of the public improvements for the Ha mmes Estates plat, all wetland buffers shall be delineated and identified via staking orsignogethat isacceptable tothe city. Comment noted. G. The Landscape plan shall be updated per the recommendations of the City landscape consultant in a review memo dated 5/7/14. The attached revised preliminary landscape plan has been revised per these comments, 7. The applicant shall be responsible for the construction of all improvements within the Keats Avenue right'of-wayasrequired byWashington County. Understood. N/ are coordinating with the county onplans for these improvements. 8. The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch watershed district prior to commencement of any grading or development activity on the site, Comment noted. We have received a conditional approvalfrom the watershed earlier this month. 9. Landscape islands shall be platted as a part of the ROW and shall be maintained by the Home Owne�s Association. The applicant shall enter into a maintenance agreement with the city. This item will require further discussion between the developer and the city, /t isrnyunderstanding that odraft cf the developer's agreement isbeing submitted. We would anticipate thotthis item would beincluded osoport pfthis agreement, 10. With an eligible parkland dedication of 5.7 acres provided, the applicant is responsible to pay a fee in lieu of land dedication for the equal market value arnount of 2.1 acres of land at the time of the Final Developers Agreement. The city will work with the developer to clarify any and all park fee payments at the time of the Final Developers Agreement. Comment noted, Il. No more than 100 units may be approved as a part of a final plat until a secondary access is provided to the subdivision via a connection to 51h Street through the Savona subdivision. The proposedfino/plot has less than IOOlots asupart q/the first addition, Future final plats vv/Kbe prepared with this comment in mind, 12. For trails located in any wetland buffer, the applicant must present a suitable design or material that |sacceptable tothe city and valley branch watershed district. The proposed trail within o wetland buffer has been condd/noo0yupproved/rnm the watershed cis o boardwalk, We will submit these designs tothe cdyfbrfinal opprovoi 13. The applicant must enter into a separate grading agreement with the city prior to the commencement ofany grading activity )nadvance of the final plat and plan approval, The city engineer shall review any grading plan that is submitted in advance of the final plat, and said plan shall document extent of any proposed grading on the site. Attached is thefinal grading plan for the city engineer to review. Site grading has been completed onsite as a part of the reclamation work tocor/ect/b/the mining activity that hod taken place previously, 14. The applicant must incorporate a play structure into the proposed park at Goose Lake per the request ofthe Lake Elmo Park Commission. Furthermore, the applicant must submit unupdated design of the park property that meets City approval in advance of the final plat. Pei recent discussions with thecity� oplay structure bnot currently shown onthe Goose Lake park. Additional grading design has been completed within this oreo/orreview, 15. The applicant shall work with the Planning staff to name all the -streets in the subdivision prior to submission of the final plat. Streets have now been nomedfor the project as requested, 16. Lots 1-6, Block 10 and Lots 1-5, and 11-12, Block 9 shall not be platted until the southern channel of Goose Lake is closed off from the lake, or the shoreland issue around the channel is August 2O.20l4 Page 3 resolved insome other manner that isacceptable tothe DNR.N/erecently received oONR pennit/brthis project, sothese lots are now included 000port qf[tefino/plot. 17. The applicant shall work to relocate segments of the northern buffer trail further to the south of the Stonegate subdivision wherever feasible as long as the trail does not encroach on any required wetland buffers. Some troll modifications hove been mode; we would encourage the city toreview todetermine ifadditional changes tothe troll alignment are neoessuqp City Engineering Comments Utility Plans and Easements 1. A 12" watermain stub should be extended east along street I to the intersection and County ROW of Keats Avenue for future extension to the east site of CSAH 19, Comment noted. Upon review, this change did riot make itinto the submitted plans, but subsequent plan revisions will include this I2"watermainstub from the intersectiontothe county road. Z. The 8" watermain line from the Street 8 cul-de-sac to the Street 9 cul-de-sac passes directly under infiltration basin I and does not maintain the state required 10-foot offset from storm sewer pipe. An alternate alignment or connection will need to be determined as a part of the final plans. Comment noted. Preliminary plans st0Yshowthis some alignment, however wewill work with the city tuadjust this when final plans are cump/etedƒorthis area, 3. The sanitary sewer segment along the east side oflot 6,block 6needs tomove further tothe east tumaintain additional offset from the lot 6property line. kverequest additional direction from the city on this item; we hove dedicated a 40'easement in this area, but we have sanitary line, otrail and ostorm line /nthis location. Wecon shift the sewer line /uthe location within this easement osdesired bythe city, 4. Additional plan information is needed to evaluate the impacts to the city's sewer, forcennainand lift station infrastructure by the proposed park improvements, Please see thefincyl grading and utility plans to f!)rther evaluate any imports to the city's infrastructure. 5. Afew additional easements are required. Now that some ofthe xtornw,/o(e/'oystpm has s/gnij"itont/ychanged, and thcfino/p/uthas been prepared, / believe the previously discussed easement changes Should bereviewed. Storm Sewer 1- The storm sewer orgrading plans must berevised toprovide the City Standard minimumpipe cover of 3.5 feet, Comment noted. Finolstorm sewerdesign hos been completed for phase I with this it) mind, Z. Drain tile is required as a part of the City Standard street section at all localized low points in the street. Comment noted. The majority q/the site drains tothe no/theoot, sothere are not many law points onthe project. Where wodmhove low points, droinri/ewas added, CS4H19(Keats Avenue) improvements l. Written documentation is required to demonstrate Washington County approval for the proposed access to Keats Avenue together with any county requirements. Turn lane, bypass lane and other improvements on CSAH 19 as required by Washington County must be identified and incorporated onthe plans. Comment noted. Weare currently working with the county on thbirem. Additional plan revisions and correspondences t°;/hthsrr/LvJ/berequired, August 28,20i4 Page 4 l. Street 1improvements must extend into the County Road R/VVand connect to[SAHI9 including turning radii and drainage provisions. [ommantnoted, Plonznow show the road connecting to Kem Avenue. Wetlands and Wetland Buffers 1. VBWD requires a minimum 2S-foot Buffer when buffer averaging is used, In addition, the VBWD does not allow impervious surfaces to be placed on wetlands or wetland buffers. Comment noted. The buff ers and the site have been adjusted to comply. The trail within the buffer is dedpnedasaboardwalk. Z. The wetland buffer for Wetland G encroaches over the proposed trail between lot 6, block 10 and lot 12, block 9. Wetland G is now changed significantly due to the berm design at Goose Lake. Grading and StonnwaterManagement Significant changes have been made to the plan in order to obtain a conditional approval from the watershed. I would request that the city review the final grading plan, and the updated stormwater management calculations tnreevaluate the previous comments. VVenolonger have two inri|trahon basins at ,he entrance, uz we believe thai the plan has been improved from the previous design. Since somuch has changed, wewanted to get the plans into your hands so that reviewcou|dgort as soon as possible, We understand that there is a lot of information to digest, and that there still are additional items to finalize as listed above, but we request that the city initiate the final plat review process sowecan attempt tostart work oninitial phase yet this fall. Please review our attached materials, andgivomeacaUwithanyquesdonsyoumayhave.|wU|fo|low up in the next week or so to schedule a meeting to review the attached submittal. Sincerely, 9VESTWQODPROFESSIONAL SERVICES cc. Brian McGoldrick, HauioneuWest L.0 ms.r.tc.4 p 0 0 /1A4SONI 41," 4,44,444 '444, 44.4 444,4) 4,4 , 4.3041.411.44.444Z. Aawsvuthaow,,mo 411 f P, .4,444444, .4.4 P,, PO 4. IP., 4,41 PO aa ,013.0T WIT) 3.141 44.4 o, SW= 1.1,lrrt «of sso, 4.4.4 404041441 .4.7.444. 044400*0 0 ItYIS 14, 4444 . 41,444, t=o.4 41, 4, P. 4P r 0?4 Irx 44, .•,44 .47" 744 4. 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IAAnA,x, or anitary e treets a es ro1.erty Lake Elmo, Minnesota Prepored (crl Ryland Homes 7599 Anagram Drive Eden Prairie, Minnesota 55344 Contact Mark Sonstegard Phone: 952-229-6000 Fax 952-229-6024 AArtAnnonArnAlnaniinonAnn,A. 1=Zrn:TAT:t. 90{},a i-6111-1,7,141, Wirstrovood Project number: 0002905.00 nn-nnnt Aynn AnnAnn ate a or e er Slivel Elie Tete. Ihrhect Number ISitect rest Cover 11 *slugs 3 'Sanitary Scent And Water Main Construction Aten 9 Scatters Steer And Water Mein Coristruction Plan 5 Sanitary Sever And Water Mein Construction Plan 5 Sanitary Sewer And Waive Ala, Construction dean 7 Scours Seser And Sttosi Construction Ron 4 Sirens StIkt{ And Street Consinntiou Pico 9 SIAM, Sewer And Street Constitutes. 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FOY, t•z,,,,X,FSIUFFLS 02*1031,1 VOSO at C145100C101) Ft) 54011,P43 0£0.1041 DRAFFACE AWAY oRM FATN.Y$ PF4bUtA,,,(3t toMo£ kMono 100531 AK, OtOMUINO OPCMOMOS 9141 ffit FPFFLFFErt MOD 0.41M 10 MO toMmoOSIO ToOLS =MAL/ O MAL LOOD[ CA 00,0Frk1*RD MoMo OM, OE 4105 PAN EINX 0 A,FM IR0F00WAIT", 2. traer 504,1000 ”Itt, Sranats eta, =want", Atatts. 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CITY or LAKE 1114£4 Ur, UN, .itt-t .1*.14 “xxxx an' OE toNKK MAK, Omo£ noo:44 ?Iv-pont tan tittt,,,,K, crrroFid000-,LNIO Sttet, te.lq ott.ov ...£:£144£4.1 111"`f or LAKE FLAK) cttt,-{TE (11 ON Age ELMO ...4 AAAAAL LEAs:141£44 p,. ALL-4: CITY (IMAM: Et AEI P;;;:litttt,;.. t.1 tlehtt SEKg. ttttuat t,tt ttlt CTI'VK)r LAKK ELMO I A.£ ALALcnvw LAKE ELME Ryland Homes 7,59 Mi.. Moo rrerr, 1-11.-nentlt 55.1.14 4111 t t 11.1. ittt Hammes Property Lac attn. tiltOnotx 1.41ent Reliclon Pape oarystu on. 011/27/14 14...n 14 44 1.1 41Sd`u iFSVIS WJ* OU, T,at +Cs .w, , CITY OP LAREELMO .• col-72, MAN-P0i & C UH-163 Gs Ax6 ;(}t rto wv ".MI{t5 CITY Or- ELMO I S �ttirta�"•n sv an 2�* i*Nv Stnps ustssoss, S+ts a% w f CRY OP LAKE1 L1O .c,tArtt CL4 1 flc*'Pr)) •_.,u CITY hF L.lK>: GL>n} I A Pmpold Ryland Homes 77.9 A ,* Ptn !dm Pr., Wm.... 5514.1 Cl/ Y tFF' LAKE F.L6ti1 Hammes Property LA. flaw, Nvmumb tAtett Review, that (9144f14 t t t 21 .. 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S'].1 - 4YRa 0oo Wersata EA La Avenue provementa Plan for ra n aina e lans for as es ro erty Lake Elmo, Minnesota Prepared for Ryland Homes 7599 Anagram Drive Eden Prairie, Minnesota 55344 Contact Mark Sonstegard Phone: 952-229-6000 Fax: 952-229-6024 Prepared by 1 'AVAAt At. MOM 140,6,,,5•43. Wo Proje:t number: 0002905,00 47 0,001. o ion 9thret thrt Table ol Sheet httatthrer Sheet 1208 COA, thrrati Grading Plan 3 961669, Dr13,44e 4 266829 Contra. hteh 4r017e57, Chrehatie 4 Erne." Centro, 5 0,i'MCgc & 0P01410 Centre 6 800969, 6r09,990 4 2699722 599996 7 9rette92 BO, Mee 8 Wrirand 6969- Pren 9 61407, 0 hetet, lt hireei ttrothes 12 Street Preto 13 '999tertepre70t Preterrge Poe, Flc, ot 401t.—ne,140p81c71 a7010,94. Arro 992, DATEi Vicinity Map REVISION Construction Plans frar Grading, Drainage & Broslon Control Plana fee Hammes Property W. E., 1670 MIVA4 CcYcicc,LVC, ,cc A AAl iWK4x5 AND V.04 E.NA130N. 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AMEN the, WEE, Sioc.04 tIVIVI,C. SETI.E.E1 At N. ISE,. ttEtAAASS En'se, IMMIXEM OW, t se, 94.11.A.9 itt.t.' KAKIS MAXMAIEK COM. El ASE-XO'S PETEAM.61.6 ItMette HASAIMAS CIVILOr Et weve wet ,Acte 01410EA1EXe BASH KVA., MAMMA TOE MAKETAI SSW. KAM'S.. SO AANGE AI EVERECX, Menc, OM SAMS. AMA Lfli AS WrIZA"I't E,TA. VS aargii• 'ra CEE.T eemme MOKEXT. ASKAK once= CAM KWIC, AVATEXAMA acvxleve St WPC STAMSTAIMA SEWN COMM SAKAI DOMIES AESAAMS emeekee.r.fteoese Pen A OSSTAK PECPESS SAX wtCLq(LEVATMES tiAVS IATE OXEN LEXEAM WSKAn. SAXER s.;;C:itENMES Krt.. KASS Ryland Homes MAY Adtaieerx. NM. Pr .41, Idinnavneo 1..14 *AMU.. WM PE 4.0MRSE ERAKAX.0 KOKO Mb KTESSITE reeeeeiterWrere env IA eeen.e, all or cof1811,corn ceeee—eee eme.0 JO., et, Hammes Property Lela Saw. 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AtIVA,A ACAITH RAPAND, M5-.4 0,0 M,--rsar sin tAAMAA (124FAK44S MAITEA rnNAVA IttA DAAPA Wwilond 1 Ewittb4 puller Ptopouid eutfor i Aov, &of, width i A 1 17,32n Sr 14,.52.4 Sv : W a 0, I a, c 4., ii,i i 78A4S v- 1 f93,667 Sr I 54 IF 1 E i 23,”2 Sr it 20152 SF i fit, LP i F i 72,401 SP I 0,3+3 5 i 75:1 ty Hammes Property MIA,A MIAAAA. 0.4,11.1,41 tius CarDil4 7 +ow 14 Wetland Butter Plan c at grbwa #mt Ryland Homes 7771 Anagram Orb. PAT n.fl. M1sa 11,41 0M3ITS SOL it01.{0 COMTE% 54,1- Mkne AMOTtS MOT WY, 94-Y Loa POLOLtL IMMO =MEM OOKAIS P.ONVX-D 07.00.1S DMOM5 IVSINA VOW VMelt DENOTES PROPSWI STOW VCOM *MOM EXISMt tint aNtrIS ,tafttlY4 1.0,TS 051401V5 Es151,e4 Spat ILEVATION Poona PROnatt wiry ruyArou MOM- t,40t3, tihr304 OIMS tOtlit,MCV ttCfltQ EIROVITtl rft.on.ro vevtma PAIFTM ARCA e IMAMS Tt1t4C MMER vOravoe. OISTIO0 Abe 9P{X, 1,$M Srkt IMAIM Siky19 10A, .1.1361 Watterni I LLapt,td fluff., I 0,..ra5ts 13,:tter Widttt 0 no,o1,) ix Property Mirk 3.41r.rmx 0,0. it *twa Ow. Qa,,t, ail acoll841.torn amor rx, wpm.. us,,,,,atht ,104 ,,MOmo.1 Ostler, , ; M Moot toko egOOK 811 or toit841..5r1 Woltw000d CITY OP 1-1N;1; :.110 moNoo OP, ,,t• rYo I..M F1.9.10 C6TVU IMO; COO' 01. LOW ro0 COO` OP LAX r.Q.MO COY OP 1,MOL V! MO 9' Of, KE ELMO ill V OF LAKE: ri.N. -4" A A. 4,VA, CO V Or° t-M:t. Et MO Ryland Homes 1744Afl or. We... 44444 CII000Lk1L11 MO t'H 01't...k10-;: 000m ,OnS CIIV L 9-1, Hammes Prope tOps no, Mio.mo 0.IeS/ Revirtm DI441.47711 03/7/14 — 9 04 14 ,yot.; esiT.Y.4 .5.431 arzIrteamort mar 1.1d/r 74,0 OfF.-1. 7/11r�F177.76. 417LFF S7CF7/ P ONO DETAIL :17 4 '1 Ryland Homes SINCLE WA,1 K— (WO SINCLE—FAMILY LOOK—OVI (.0) 5INGI, R AMR FR (R) — , /17/, rry 3000/7-.79./a. Iv,. 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(SKV 11.1 Is.* 13. 111111 Street 2 16 „_ I r 55 .5c) 14.5 144 Street 3 • .g..; 1111 = 71-"grx, )lit 05 s-„ X70, 195 V75 OAP *as. 1.,1341, 2=0 „1".: Ffi LP EMS SPOTt A, SSA PASsoo as; OA A 7.4300 447.044 9.4.S9 TsOOMAX so Savo,- M. s-p • sASPAPS PO r A - SAMOA,. PA Asto A PUPS Ma SASS k A SIPS pos A 71s,S01 ., WO A ASSAP 1410 A 09110 95_ 90_ 50 -2 At 7+7 sTA A imOso Po LISP - MOO ' 5 15. ; PO snA 4.2MA, ro [Kr • 9n75 70 1 11.10 3. .14.30 Street 7 .2 510 MEVA, SWISS rag; -4 OP, SUP OM,. .STS SAMOS PO STA SAMOS g #;Wow 9707 _99= .93E _ 9.5 = .39C _92= 97.0 JP .50 10 to 39 .99 .9.8 97 97 owtxt WOO /31011 17. 13. 13. Street 9 095 ri 47, 'aes -t; 917 sio A SmoSpa Po MEP A 401 fie 41211 1.10 955 ____ 9_5.C. ,6 175 9'2c - .,1:, REV . 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Vor A SA72,6, PiA STA 547,10 1771 us, - SALSAS AM A SAPS PNC PY, Ur, sppt, ant „Ass sTA A IMAMS PO STA A414440 790 Po PISA A asps rO 9404 PAP 1311 T. 1303 3111 5101 Street 8 “).1 J.91 J97 101 I _100 7051 95= 997. Hammes Property USA 15100, 94000000 .92 .95 97 3/ 36 5. E E -95 _94 94 10. 1.4frs1 R*07koGs,n4IF511. NA, Parni14 FA. 12 14 14 4 4204 , ) DA ICI "EX DA-!VW 060 A,6 EX WTLDA- ,.-8.02 AC EX WILD 1 —0.76 AC - EX WTLD C 0.70 AC Eg DA All 2.55 AC ij tro, ofiXelf No ...v....M.. EXPA'--S2 240 AC. EXDA; N3 1120.4C - EX f2A---S4 0.73 C Ryland Homes Miro ad-ro .. to,ftes 4)4144 811 or collattoorn oorooro Caw,d !Av. Hammes Prop LAI, Mg, Kam.. ; ( L 1 A N4 IA' C 11 ITCH AC or 1)) --1 / EX DA-11114/ DLILIVT1ON : POND 2 0,60 AC / , 1,19 AC , _ 14,01tS skt rEKE tAIWYS. REks, orr, of../ MIXX Ovarmo rovor, COMM Worms .01,050 otjflrvws t1.77,14 42V . , INrILTRAT1ON IN TRA 0 BASIN 2 DA—N1 BASIN 4 057AC `, 0.16 AC- 078 AG,-1 1701.0T A WILD E woos CAS.0 STD. 40.),F4 ,CILAW t41,Ern SIM./ ttwVf FX,(11E4 fASTNC Tra tor woos morozoon nor tan EX WR_D G 200 AC-1 Ryland Homes 7.5.4 Amp." Ori. ldletrumot4 .S.44 C. 0 kt, *f*** Mt or ocOali.com ooror IN Hammes Property fax., Mut0000 . EX DITCH 570 AC oervr14 4 or 14 Poet -Development Drainage Area Plan 0200 0000 000000 3,0100 c.. RY 00004 SUP 64.0 74:1- 020 01, SEM 0t0 04/ .044- 00033 1 1)003 0-, 06.000 "•••E 1,0004 100100•1 1.• - 0030 2.28 HMO 00•0E :3) • :Mud Plant Schedule ,03£tt 0300302-00,0 C22 NA. 00000 Fi 03: -4; \ SEE DETAIL GOOSE LAKE ‘(SHEET 3) - A r0 30•32t2 .000 02 I' 270- 0 P0 t•:•"" •cC" 1110 40C10•,. ftkno. A 0 .1" , 0,0 - ^•••••• r • 10 20, 000 _ c ca. 0 3000 • a• , 0 ,nn n 0c. 0 100 000 0000. 0 3004 000,0 ‘01 002023 0 10 (3,3“ OF 30303000 0004 00. CC0-030, 31, 000, 0-• 020 3F rn 0200 WED 0 2000000 02,2200 44 0200 00 203 .00220 •203. C.° r00,001 f00 Landscape Requirement CAloulations 022-203 2900'00 °0220.33•0a- e10 003 020 tr.0. 203 wo c , 0000tr• SIX.00020Z40•00-00 0212,000 004C2 00. •4',700H1.5.. 70 00 33 300,t 00040 0020 1.0 00.130.30,12 0004 01.010433 4210004PC: 0032,92020014 0140 0030,0300 000000.0003.• SE100.1.00,00005 020220042200 C030011 ytme„tut,g,,:ouvon. ••,04004 00140 4014140 2122.10 • i0.,D0.00 324000241.c.. 040 cc,•0 0.0 002 00, 00 3 00 3'2 02,00.2010201-00-01 ••••.f • •••11,, 1414,44.4•630; KC C001., 0-0'00 02220 0-, - 220 0 002023 0.0.000000.00/2" • 00,1 c,000,02,6 KW-0041M 004 040 0 020020 20000 1 300 P71040000 00100,0000 10 01. 00 000004 •203,00.23.20050 Lk . 04 005.0 0 007442000 000,00.00032 - 332 CAL 02 144402,3123 00-7,-101.111,01.01=0....-tr.c.4=4.00, 03.-3,0r-44:31Et Ryland Homes 3700 /100•0. 000 Ede,. 01301-0•00, 01400 2 Ca C. 0, 00000 1633 CA, 404. 1400212107 0 044 4.44. 03. 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MIN aIss 415 TIAAA5 Wert 50,,,g, 811 or pitglf)tifefas &Am. 055,55555,1.4.1. Hammes Property 1,455 Maw, At* rar. 09/17/74 ga.t 3 C., 4 Final Landscape Details t Ire ftt 1444l't Mt, DITT Prtkirio Stad SE Or*** D/Sx SF. 40+80* till' or 1.81:8 $'1.88, I tttry t_Ng.t 1-11.10 • . I tlt t I t MCI i'ITY t*174 Wet Prairie Sered Gram Mtx Stormweter Native Grass Mix - I - _ tt -„- 7400400 St MIX SIOPMWAITA I.. F-1 007 37}00 SEW 407* 8,8.1 kaaa Ryland Homes fri1 Ansmcn Cdert Prthic 1.11/mm4*x TSAI Supple:mutat. intiztiag Notte La. 47 44,04 taatnra 47430+173+ 811 tte catt811,8881 Coms.n Algoaaas ',ft, IC f.,U xaa'a Cf...10L+0. gUrs' r .1%*4400*11+447444*4370477*40014447103070507*0477 — a art“, ia,rtga, aa",,artta, now r.rg Trn:'41::g7W1 +9 apaMar xiavaamata 1,41VAIAN Ng: itta, taaaa,alaara RtS,..: 740404 0044 I'M isri a 47740480077 +t+, ikaa KipS e frK xx.r., WA, .Tr.3 ,jrt, ,454 VO.,441, PE a.aa Kspe.k, PICA. 15*00040 usto 0'000 P440e0440 *30 OWsuritt. C.,kr: Nan 0' .cr 44 0+3.04+00445 ees...mts rp.iti Ot_-.00% 14000477..404111r4 113. 51.0 IT, 9.81 a-{,R ram 043 inf ..x.,;Affn 3700*3>4547,7*0777404004/3774 44' 44f:',..:4'70r.;:04=77;4 '70044,"4 4.21 70770.704 ak, ,:aal"atO out*00 m etar, ,arata,e "-. T., STA,,14.at a,aaala, PataTcau, aa,c, am, ,g• a,aa.aa44.7047 401 +07741 00001100,0 Rpm, .0 (3,7,4 07a48003,0700 • 740177aa, Site ,E,.^VaS Hammes Property PARK LOCATIPN..,PLAN 4 048,2014 7 °I.,-,1r• • r , , ;FT e9101)014aPitAti.,ZRAtkilil •kttlstAs tostrittc$ lot ibtfiertl otorimity VW., trail - Loss traiPAy tocalt4 Lovagtt sOuvol open tp,24 HAMMES ESTATES LAKE EL.,mo, MN —Pirakal Park z ��������A0�UK� '"'�'"'^�'`^^~'^.' Date: September 18, 2014 ENGINEERING, inc. Cara GehereoP.c Jack Griffin, P.E. ayan5tpmpskip.[. Chad /,aksvn,p.E. To Nick Johnson, City Planner Re: Hammes Estates {i: Kyle K|att, Manning Director Final Plat Review From: Jack Griffin, P.E., City Engineer An engineering review has been completed for the Hammes Estates development. Revised Preliminary Plans and Construction Plans were received unSeptember 4,2014.The submittal consbtedofthefuUowingdocumentation prepared by Westwood Professional Services, Inc.: " Preliminary Plan set (Plat Plan, Utility Plan, and Landscape Plans) dated 08.25.2014. * Construction Grading, Drainage & Erosion Control Plans dated O@.27.2O14. ~ Construction Sanitary Sewer, Water Main, Storm Sewer and Streets dated09.U].ZOl4. * Project Specification Manual dated May Z014. • Preliminary Storm Water Runoff Narrative dated 08.072O14. = Plan revision response letter dated 08.I8.2014. STATUS/FINDINGS: Engineering review comments are provided below asthey may berelated to the application for Final Plat or represent more significant design and constructability issues. Upon completion of these issues and granting nfFinal Plat, staff will resume amore detailed Construction Plan review. PRELIMINARY AND FINAL PLAT COMMENTS ° Additional easements are required for the Preliminary and Final Plat as outlined within this memorandum. ° The Final Plat and Construction Plans should both be updated to include the Out|ot ownership information. The Preliminary Plat indicated all Outiots to be dedicated to the City. w Note: City utilities wiU 6econstructed m/[thinDot|o1Bas part ofthe first addition, Drainage and utility easements must be dedicated to the City of Lake Elmo as part of the First Addition Final Plat, including the drainage and utility easements over Uut|ot8. w The development agreement should incorporate provisions to require the developer to oversee and address the Syear invasive species monitoring requirements of the QNRPermit. w Written permission must be provided from adjacent property owners for grading to extend beyond property lines. ° VV,kttcn permission must be provided from the Savona development to allow an increase in peak discharge rate from the Hammes Site as proposed in the Stormwater Management Plan. = Written approval to work within the Electrical Transmission Easement area must be provided prior to construction work. ~ Final Grading Plans and Final Street and Utility Construction Plans must be completed and approved by the City Engineer prior tothe start ofconstruction. All construction plans must beinaccordance with the Lake Elmo engineering design standards and plan format, Any changes proposed in the Lake Elmo engineering design standards, standard details, plan notes, nrspecifications must beclearly identified ina .change request" letter bythe developer's engineer and submitted for consideration. UTILITY PLANS AND EASEMENTS • /n coordination with the City, a pressure redwdngva|ve(d must be constructed as part of the wmtennain improvements and located onanUut|otdedicated tnthe City. • A 12'|nch watermain stub must be extended east along Street I (81h Street North) tuthe intersection and County R/VVofKeats Avenue for future extension tuthe east side ufC3AH19. � This 12'inch stub has been provided in the Final Construction Plan set for Phase 1' however it has not been corrected on the Preliminary Utility Plan dated O8.Z5.This correction must be included inthe revised Preliminary Plans, � The future connection location for this 12-inch stub must be placed outside of the paved surface area ofthe new street. • The 8-inch vvatermain line from the Street 8 cul-de-sac to the Street 9 cul-de-sac passes directly under infiltration basin l and does not maintain the state required 10'foot offset from storm sewer pipe. An alternate alignment or alternate loop connection must be determined as part ofthe revised Preliminary Plans. Additional easement must he provided nnthe Final Plat toaccommodate this watermain location asitpasses between lots. = The sanitary sewer segment along the east side ofLot 6, Block 6 needs to move further east to maintain additional offset from the Lot 6 property line. This will result in a changed location for K4H28 in the Final Construction Plans, = Additional easement orpipe alignment adjustments are required at the northeast corner ofLot l, Block 10 and along the rear yard of Lot 17, Block 11. Corrections are needed on both the revised Preliminary Plans and Final Construction Plans. ° Grading modifications are proposed above the Cby's existing sanitary sewer gravity and fo,cemain pipes along Keats Avenue. Show the proposed profile over these utilities and include the record drawing information provided in the Section 34 Water & Sewer Utility Extension Improvements, The existing conditions utilities must be revised on all plan sheets to correctly indicate their location. ° Show existing hydrant' 6-inch gate valve and box, and lZ-inch x6'inch reducer at the -southern property fine. Construction notes must beupdated accordingly. STORM SEWER SYSTEM ° The Preliminary storm sewer system plan did not comply with the City standard design requirements (minimum pipe cover significantly less than 3.5 feet). Preliminary storm sewer system plans must be revised to comply with City design standards. [SAHI9(KEATSAVENUE) |K0RP0VEMENT3 ° Written documentation is required to demonstrate Washington County approval for the proposed access to Keats Avenue together with any County requirements. WETLANDS AND WETLAND BUFFERS ~ The V8VVD does not allow impervious surfaces to be placed on vvedanwb or wetland buffers. The Plans must be revised onthat the proposed Boardwalk Trail is constructed along the entire length of the trail that is located within the wetland buffer. Boardwalk construction details must be provided in the Final Construction Plans. w The wetland buffer for Wetland G encroaches over the proposed storm water maintenance access road between Lot 6, Block 10 and Lot 12, Block 9. This buffer must be relocated to an area more acceptable to the preservation nfbuffer areas. GRADING AND STORM WATER K4ANGEMENT + VBVVQ PERMIT: The project has mcekm6 conditional permit approval through the VBVV0. The applicant must revise and resubmit plans to the City as plan changes are made and resubmitted to the VBVVDto PAGE Zo/3 meet all conditions of the VBVVD permit approval. The applicant must also submit tothe City written documentation from the V8VVDthat the permit conditions have been satisfied prior to any construction work onthe site. " AV8VVDpermit must beobtained for the improvements at Goose Lake. Approval for these improvements have not been included inthe Subdivision permit. • AV8VVD permit must be obtained for all Lots on Block (Preliminary Mat) or Block 6 (Final Plat), Approval for these Lots have not yet been granted. • Storm water facilities proposed as part of the site plan to meet VBVVD permitting requirements must be constructed in accordance with the City Engineering Design Standards Manual. " Flood protection measures must be incorporated for Lots 4,5 and 6, Block 8due tothe Wetland E perched HVVL.These lots are not yet permitted bythe V8VVD- w Additional information is still needed to complete a review of the proposed storm water management plan and tnverify the proposed grading. � Wetland A area: The existing HVVLfur Wetland A appears to extend north over the entire existing adjacent property. More information is needed to describe and verify the existing conditions in this area including the existing elevation ufthe adjacent home. � The Wetland Adelineation must beshown onthe plans, � Wetland A / Pond 2, Treatment Basin and Infiltration Basin 2 area: Place spot elevations at the high point enclosing Infiltration Basin 210 ensure that the basin overflow routes west per the intended design, ° Storm water pond, infiltration badn, and wetland HVVLs must befully contained within Oudots.The 100- year HWL for Wetland G encroaches proposed Lots 4, 5 and 6, Block 10, and Lot 3, Block 9, • The grade along the east side of Infiltration basin 5 must be raised along the park entrance road. w The Park property improvements must be revised to better separate the public use area and the lift station utility area. See attached sketch for possible concept plan. = The Park property trail from the Goose Lake berm to the picnic area is located below the IOU -year HVVL and insome locations appears tnhebelow the DNROHVVL PAGE 3 of 3 Station #1 3510 Laverne Ave. No. Lake Elmo, MN 55042 651-770-5006 LAKE ELMO FIRE DEPARTMENT September 18, 2014 Station #2 4259 Jamaca Ave. No, Lake Elmo, MN. 55042 651-779-8882 After review of the HAMMES ESTATES FINAL PLAT HAMMES WEST LLC, I have two areas of concern: I have yet to receive final documentation showing that the previous soil contamination reported earlier this year has been mitigated. I recommend that the City not release the Final Plat for recording until the City has received the proper documentation related to the mitigation of -the contamination. Hydrant spacing seems to be well within our guidelines which I was very pleased to see, I would like to see the hydrant located in front of Lots 3 and 4, Block 6 on the west side of the Juniper Circle No. cul-de-sac be more equally spaced between the end of the road and the intersection at 81-h St, No. Reviewed by, Greg Malmquist, Fire Chief "Proudly Serving Neighbors & Friends" Station #1 3510 Laverne Ave. No. Lake Elmo, MN 55042 651-770-5006 LAKE ELMO F DEPARTMENT September 19, 2014 Review of the HAMMES ESTATES FINAL PLAT — HAMMES WEST LLC Station #2 4259 Jamaca Ave. No. Lake Elmo, MN. 55042 651-779-8882 This is a follow up to the review letter dated September 18, 2014, Let me start by thanking all parties involved for supplying all the requested documentation related to the soil clean up as requested and in such a timely manner. After reviewing the provided documentation, 1 followed up with the MPCA for assistance and guidance in deciphering the documentation and ensuring, for everyone's benefit, that all required procedures and processes had been followed in the mitigation of this site. In conversation with the MPCA I discovered that the specifics of this site would cause it to fall under their Brownfield Program, At this time 1 am requiring that all documentation related to the mitigation of this site be sent to the MPCA Brownfield Program by the property owners or their representative for review. After review, a letter from the MPCA ensuring that the site has been properly mitigated will need to be provided to the city. Sincerely, Greg Malmquist, Fire Chief "Proudly Serving Neighbors & Friends " LANDStan ARCHIIECILIRE INCOPPOWED HAMMES PROPERTY - DESIGN REVIEW REPORT LAKE ELMO, MN LANDSCAPE ARCHITECTURAL DESIGN REVIEW DATED SEPTEMBER 10TH, 2014 REVIEWED PLAN SET DATED AUGUST 25TH, 2014 Required Action Items by Hammes Project Team 1. The plan is in compliance with the landscape requirements. Since this preliminary plan doesn't call out each plant per location on plan, we are excited to look at the next generation of plan development which will have that level of specification for our review. 2. Where Colorado Green Spruce is specified: please replace with Norway Spruce. 3. Where possible, we would encourage planted islands in the cul-de-sacs within the development to reduce impervious surfaces and create a safer streetscape environment. 4. Please provide more information on the walls specified on the plans. Our preference is natural materials such as locally quarried stone or stone derived from the site construction process if appropriate in scale and geology. 5. Project Landscape Architect to provide landscape irrigation plans for all commonly held HOA & City R.O.W. areas. SINCERELY, LANDSCAPE ARCHITECTURE, INC. STEPHEN MASTEY, ASLA, CLARB, LEED AP BD+C DIRECTOR OF DESIGN 2350 BAYLESS PLACE • ST. PAUL, MN • 55114 PHONE: 651,646.1020 • EMAIL: STEPHEN@LANDARCINC.COM LANDScApE4KottEctuituicorrottio HAMMES PROPERTY - DESIGN REVIEW REPORT LAKE ELMO, MN LANDSCAPE ARCHITECTURAL DESIGN REVIEW DATED SEPTEMBER 18TH, 2014 REVIEWED PLAN SET DATED SEPTEMBER 17TH, 2014 Required Action Items by Hammes Project Team I. The plan is in compliance with the landscape requirements. 2. Where Red Gnome Dogwood is specified: please replace with another shrub selection that is a hardier choice. 3. Please provide more detailed landscape information for North East Pork. 4. Please provide more detailed information on entry monuments & signage proposed. 5. Please provide more detail on the hardscape materials and site furnishings proposed in Outlot C. 6. Provide landscape irrigation plans for all commonly held HOA & City R.O.W. areas. SINCERELY, LANDSCAPE ARCHITECTURE, INC. STEPHEN MASTEY, ASLA, CLARB, LEED AP BD+C DIRECTOR OF DESIGN 2350 BAYLESS PLACE • ST. PAUL, MN • 55114 PHONE: 651.646.1020 • EMAIL: STEPHEN@LANDARC1NC.COM VALLEY BRANCH WATERSHED DISTRICT PERMIT APPLICATION TO BE COMPLETED BY VBWD: PERMIT NUMBER 2014-07 PERMIT FEE RECEIVED 15,5O0 DATE RECEIVED Return application to John Hanson Barr Engineering Company Engineers for the Valley Branch Watershed District 4700 West 77") Street Edina, MN 55435-4803 A permit fee shall accompany this permit, unless waived by the Board of Managers, (Governmental Bodies are not required to pay a fee,) PrOatt hlfcirMation Name of Project: Hammes Property Purpose of Project: Single -Family Subdivison to create 165 lols Project Location (street address, if known; otherwise, major intersection): Westside of Keats Avenue, south of Goose Lake City or Township: Lake Elmo Legal Description (proof of ownership required): PID: See attached survey Section: 34 Township:2g Range: 21 Project Timeline; Start Date: 4/15/2014 Completion Date: 10/31/2016 Authorized Agent Information Name: Ryan Bluhm Business Name: Westwood Professional Services Address: /699 Anagram Unve City, State, Zip: Eden Prairie, MN 55344 Phone: 952-906-7432 Fax: 952-937-5822 Email: ryan.bluhmwestwoodps.com Once a Valley Branch Watershed District permit has been approved, the permit eondlRons wit attached to the back of this form. By signing this permit application, the permit applicant, his/her agent, and owner (hereinafter "Permittee") shall abide by all the conditions set by the Valley Branch Watershed District (VBWD). All work which violates the terms of the permit by reason of presenting a serious threat of soil erosion, sedimentation, or an adverse effect upon water quality or quantity, or violating any rule of the VBWD may result in the VBWD issuing a Stop Work Order which shall immediately cause the work on the project related to the permit to cease and desist. All work on the project shall cease until the permit conditions are met and approved by the VBWD representatives. In the event Permittee contests the Slop Work Order issued by the VBWD, Permittee shall attend a VBWD Board of Managers meeting and discuss the project. Any attorney fees, costs, or other expenses incurred on behalf of the VBWD in enforcing the terms of:the permit shall be the sole expense of the permit applicant. Costs shall be payable from the permit applicant's permit tee. If said fees exceed the permit amount, the Permittee shall have ten (10) days from the date of receipt of the invoice from the VBWD to pay for the cost incurred in enforcing the permit, by which to pay the VBWD for said costs. If costs are not paid within the ten (10) days, the VBWD will draw on the permit applicant's surety. The Permittee agrees to be bound by the terms of the final permit and conditions required by the VBWD for approval of the permit. The permit applicant further acknowledges that he/she has the authority to bind the owner of the property and/or any entity performing the work on the property pursuant to the terrns of the VBWD permit, and shall be responsible far complying with the terms of the VBWD permit, N v,,f\J Address: 362 1.511. ApptantInThiii�tJ�xi me: r)d vwk e 4, c (Iv City, State, Zip: tt Phone: s, - C, Fax: Email:iL ,c..) c(_ ) (.,eilet2, LE Q.) Owner Info-rniation Of different than Applicant) I Name: ±j/i 11,14 1.1\ evi r 5 Address; 5?—) City, State, Zip: hone; 4 -.7-- 79'14(4- e Signatures (Required): C- ;/.( ,b1-`4A 3///d Appl" ant/Date Owner fir d an Appncant)/Date Owner's Authorized Agent/Date Fax: Email: LINCOLI ['EICHER • DAVID BUCHECK • 00/4ALD ScHEEL • DALE EORASH • RAY LUCKSiriCiER VALLEY °RANCH WATERSHED DISTRICT • Pe BOX 03n • LAKE EL NI!). r1IrNESOTA 5„sea7.ot?,a VAW: vt d org August 25, 2014 Brian McGoldrick Hammes West, LLC 36 Moonlight Bay Stillwater, MN 55082 Re: Hammes Property: Lake Elmo, Minnesota VBWD Permit #2014-07 Dear Mr. McGoldrick Enclosed is the Valley Branch Watershed District (VBWD) permit for your project, Please note the following conditions imposed by the Managers, which are also listed on the back of the permit. 1. This permit is not valid until the permit applicant submits documentation from the owner of the Savona development that he/she will allow an increase in the peak discharge rate from the Hammes site, This permit is not valid until a maintenance agreement in the general format of Appendix B of the VBWD Rules is submitted to and approved by the VBWD Attorney and fully executed, 3. This permit does not allow any impervious surface (other than the outlet pipe and riprap of Pond 5) to be constructed within 25 feet of Elevation 924.4 of Goose Lake. This permit does not allow for the construction of the proposed parking lot and structure at the southeast comer ofGoose Lake, The proposed boardwalk must conform to all applicable standards, 4. Wetland buffer signage must be installed as required by the VBWD Rules and Regulations. Specifications for the proposed signs shall be submitted and approved by the VBWD prior to installation. 5. Plans must be revised to include draintile around the perimeters of the proposed homes on Lots 1-3 of Block 9. This permit does not allow any homes to be constructed on Block 8. To ensure any homes constructed on Block 8 are protected from groundwater, at least 3 soil borings down to Elevation 924 must be constructed between Wetland F and the proposed building pads. Soil boring logs that include the Unified Soil Classification and any encountered water levels must be submitted. 6. The required fee and surety shall be submitted prior to construction. This permit is not valid until the permit fee and surety are submitted. DAVID BUCHECK • LINCOLN FETCHER • DALE BORASH • JILL LUCAS • EDVVARD MARCHAN VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 038 • LAKE ELMO, MINNESOTA 55042,-0538 www.vbw,cLorg Mr. Brian McGoldrick, Hamm.* West, LLC VBWD Permit #2014-07: Hammes Property August 25, 2014 Page 2 7, Prior to any construction, a construction sequencing plan shall be submitted, approved, and followed. The construction sequencing plan shall ensure that the project conforms to all VBWD Rules and Regulations throughout construction. 8. This permit is not transferable. 9. This permit is subject to obtaining all other permits required by governmental agencies having jurisdiction (including a NPDES permit). 10, The VBWD Engineer and Inspector shall be notified at least 3 days prior to commencement of work. 11 Erosion controls shall be installed prior to the commencement of grading operations and must be maintained throughout the construction period until turf is established. Additional erosion controls may be required, as directed by the VBWD Inspector or VBWD Engineer. 12. The following additional erosion controls shall be implemented on the site: a. All proposed slopes 3 feet horizontal to 1 foot vertical (3H:I V) should be covered with erosion - control blanket, b. Silt fence should follow existing contours as closely as feasible to limit the potential for gully erosion along the edges. c. Any sediment that collects in storm sewers, ponds, or other water management features shall he removed. d. If erosion occurs at the outlets of the stoma sewer pipes, the applicant will be responsible for correcting the problem to the satisfaction of the VBWD. 13. To prevent soil compaction, the proposed infiltration area shall be staked off and marked during construction to prevent heavy equipment and traffic from traveling over it. If the infiltration facility is in place during construction activities, sediment and runoffshall be kept away from the facility, using practices such as diversion berms and vegetation around the facility's perimeter. The infiltration facility shall not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized, The final phase of excavation shall remove all accumulated sediment and be done by light, tracked equipment to avoid compaction of the basin floor. To provide a well -aerated, highly porous surface, the soils of the basin floor shall be loosened to a depth of at least 24 inches to a maximum compaction of 85% standard proctor density prior to planting, 14. All disturbed areas shall be vegetated within 14 days of final grading. 15. The applicant is responsible for removal of all temporary erosion -control measures, including silt fence, upon establishment of permanent vegetation at the project site, as determined by the VBWD Engineer and/or Inspector. 16. Valley Branch Watershed District shall be granted drainage easements, which cover: (a) laud adjacent to stormwater management facilities, wetlands, and lowlands up to their 100-year flood elevations and (b) all ditches, storm sewers, and maintenance access to the stormwater management facilities. Mr. Brian McGoldrick, Hammes West. LLC VBWD Permit #20I 4-07: Hammes Property August 25. 2014 Page 3 17. The minimum floor elevations for all buildable lots in the development shall be recorded in a Declaration of Covenants and Restrictions or on the final plat. 18. The required drainage easements and access easements shall be recorded with the Washington County Recorder's Office. 19. Return or allowed expiration of any remaining surety and permit close out is dependent on the permit holder providing proof that all required documents have been recorded (including but not limited to easements) and providing as -built drawings that show that the project was constructed as approved by the Managers and in conformance with the VBWD rules and regulations. Thank you for your cooperation with the District's permit program. Sincerely, 4/ Bucheck, President ValleBranch Watershed District DJB/ymh Enclosure c: Ray Marshall, VBWD Attorney Ray Roemmich, VBWD Inspector Molly Shodcen, MDNR Kyle Klatt, City Planning Director —City of Lake Elmo Jack Griffin, City Engineer, FOCUS Engineering —City of Lake Etmo Building Inspector —City of Lake Elmo Ryan Bluhrn, Westwood Professional Services —Authorized Agent Ellie Hammes --Owner Nathan Campbell, Corps of Engineers Brad Johnson, MDNR Jed Chesnut, Washington Conservation District Brooke Haworth MDNR Ben Meyer, Minnesota Board of Water and Soil Resources Karen Wold, Barr Engineering Company Yvonne Huffman, Barr Engineering Company PA.Mpls\23 MN \82\2382020 MovedFroroMpls_P \2014 \20 I 4_07_Hammes \2014-07 fermitLtr_Aug2014.ducx MINNESOTA DEPARTMENT OF NATURAL RESOURCES Permit Number Public aters ork Permit 2015-0193 Expiration Date: 08/27/2016 Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. Project Name: County: Watershed: Goose Lake shoreland berm Washington Lower St, Croix River Purpose of Permit: Harbor/Slip/Channel/Ditch Fill Permittee: HAMMES WEST LLC CONTACT: HAMMES, MR: 36 MOONLIGHT BAY STILLWATER , MN 55082 (651) 436-8656 Resource: Sand/Gravel Pit: Sand/Gravel Pit; Ditch: Ditch; Wetland: Goose (South) (82011302) Authorized Action: Place approximately 3,000 cubic yards of clean inorganic fill to create ditch block at the south end of Goose Lake to restore the shoreline to disconnect previously excavated gravel pit section from the lake; in accordance with plans received with the permit application 07-29-2014 and 08-06-2014. - Authorized Agents (2): KELLY BOPRAY N7831 920TH STREET RIVER FALLS, VV1 54022 (715) 307-4577 kjbopray@yahoo.com JAMES GASPERINI 3121 ST, CROIX TRAIL SOUTH AFTON, MN 55001 (651) 436-8656 alo@aftonlaw.net Property Description (land owned or leased or where work will be conducted): UTM zone 15N, 507429m east, 4978468m north (centroid), SENE of Section 34, T29N, R21VV Authorized Issuer: Title: Molly Shodeen Area Hydrologist Issued Date: Effective Date: 08/27/2014 08/27/2014 Expiration Date: 08/27/2016 This permit is granted subject to the following CONDITIONS: APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies; including, but not limited to, the U.S Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township zoning. NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. NO CHANGES: The permittee shall make no changes, without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder, t CONDITIONS (continued from previous page) SITE ACCESS; The permitteeshall grant access uothe site atall reasonable times during and after construction ha outhonzmgrepresentatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. TERMINATION: This permit may beterminated bythe Commissioner vfNatural Resources ntany time deemed necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the conditions or applicable |awv, unless otherwise provided in the permit. COMPLETION DATE: Construction work auftrized under this permit shall be completed on or before the date specified above. The ponnitteo may request an extension of the time to complete the project by submitting o written nsqueot, stating the reason thereof, tvthe Commissioner ofNatural Resources. WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands o,improvements thereon orinterests therein, the permittee^ before proceeding, shall obtain the written consent ofall peraonn, ogonoieo, or authorities concerned, and shall acquire all pmperty, riqA\u, and interests needed for the work, PERMISSIVE ONLY /NOLIABILITY. This permit ixpermissive only, Noliability shall boimposed bythe State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable EXTENSION OFPUBLIC WATERS: Any extension mfthe surface ofpublic waters from work authorized bythis permit shall become public waters and left open and unobstructed for use by the public. WETLAND CONSERVATION ACT: Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any work under this permit until the permineuhas obtained official approval from the responsible local government unit asrequired bythe Minnesota We8andConservation Act. CONTRACTOR RESPONSIBILITY: The permittee shall ensure the contractor has received and thoroughly understands all conditions nfthis permit. Contractors must obtain asigned statement from the property owner stating that permits required for work have been obtained orthat apermit isnot required, and mail mcopy nfthe statement tnthe regional DNR Enforcement office where the proposed work is located, The Landowner Statement and Contractor Responsibility Form can be found at: http://www.bwsr.state.mn.us/webandstwca/index.html#general. (NvAS(vE SPECIES ' EQUIPMENT DECONTAMINATION: All equipment intended for use ataproject site must ue free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters, All equipment used in designated infested waters, shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite, The DNR is available to train -inspectors and/or assist in these inspections. For more information refer to the "Best Practices for Preventing the Spread of Aquatic /nvaxiveSpecico''athttp,flfi/eo,dnr.state,mn.us/pub|ivahona/ewr/invaxive-,Jais/UesLnractimao_foLpevention_eiu.pVf, Contact your regional Invasive Species Specialist for assistance at www,mndnr,gov/invasives/contacts.html. Alist nf designated infested waters is available at http://files.dnr,state.mn.us/ecolinvasives/infested—Waters.pdf. A list of prohibited invasive species is available at www.mndnr,govlecolinvasives/laws.htmt#prc)hibited � EROSION AND SEDIMENT CONTROL: Inall cases, methods that have been determined bbathe most effective and practical means vfpreventing mreducing sediment from leaving the worknheshall hainstalled inareas that slope \othe water and onwmrkoiteareas that have the potential for direct discharge due topumping nrdraining o[areas from within the wona&e (e.g., coffer dams, temporary pmnUo. smnnnatarin|ets). These m'ghods, such as mu|chea, erosion control blankets, temporary coverings, sit( fence, silt curtains or barriers, vegetation preservation, redundant methods, isolation of flow, or other engineering practices, shall be installed concurrently or within 24 hours after the start of the project, and will be maintained for the duration of the project in order to prevent sediment from leaving the worksito. DNR requirements may be waived in writing by the authorized DNR staff based on site congihonv, expected weather conditions, or project completion timelines, FISHERY PROTECTION - EXCLUSION DATES: No activity affecting the bed of the protected water may be conducted CONDITIONS (Continued from previous page) itshall bmdone only upon written approval ofthe Area Fisheries Manager. See contact list at: httpY/5|on,dncotsVsmn.ue/fiaherimahxanagemenudnr_fisheries _manageo.pd�Shpu|dmmrkheBine|uewheneinthepn�a� aeawhhinmoaegoka.all exposed soils that a�wimin20O�e(ufPublic Waters and drain tothose waters must complete erosion control measures within 24 hours of its disturbance to prevent sediment from entering Public Waters. MAINTENANCE: Maintenance of this project to originally authorized conditions may be authorized by amendment to this permit, MONITORING: The filled area shall be monitored for invasive species for a period of 5 years while the native vegetation ia established. Planted area shall be monitored for species survival and replanted as necessary to maintain a robust planting, FLOATING SILT CURTAIN: A floating silt curtain shall be placed in Goose Lake and maintained until the berm is stabilized with appropriate native vegetation. cc: Scott Arritzen.Conservation Officers, Forest Lake Jed Chesnut, SWCn Brooke Haworth, DmRRegional Environmental Assessment Ecologist, Region 3 Tim Marion, DmRWildlife, North Metro 7J DoOaVes, DNRFishcriao. East Metro Area Michael Welling, County, Washington John Hanson, Watershed District, VALLEY BRANCH VvO Tom Hingsbo,ger,Corps u<Engineers, Washington Jay Riggs, SVVCD.VVmohinyVnn ConuomoUun District OcanZu|egar. City, Lake Elmo City mfLake Elmo Park Commission Monday, July 21.2014 Members Present: Hartley, Nelson, Ames, Weis, Zeno, Silvernale, Hietpas (6:34 pm) Members Absent: Steele, Frick Others Present., Planning Commissioner Larson, Taxpayer Relations & Communications Coordinator MacLeod' PVVS Boudhi|ct. Park Maintainer Cn|ernor. CouncUme,nbe, Reeves, City Administrator Zu|egm[, Planning Intern Catherine Riley The meeting was called hoorder byChair Weis atG�30PM. Approval of Apenda Ames asked toadd anitem after V|.c Sunfish Lake Park task force \odiscuss maintenance and entrance issues inpark areas 2&3. K8/S/P: Hart|ey/Anmes:Approved asamended G-U Approval nfJune 1G.2Q14Minutes Ames asked to change the word "toilet" to "toilets" on page three under item b. 08/S/P:Amnom/Hort1ey:Approved asamended S'0 Presentations a.2014Trail Audit 'Riley Riley presented a trail audit packet that she has worked on. The plan discussed benefits of trails in g oonnrnunity, and emphasized the importance that the city trail system tie into regional trail systems, The audit was conducted on existing and future trails and detailed quality and material ofthe trails, rated on the PASER system. Ames stated that hethought Riley did a great job, and felt itwas a helpful update and provides insight that hadn't been eddnaaoud before. Ames asked if it would be appropriate to consider the trail oyakam wdhin the park reserve. Riley responded that there vvoV/d likely be a lot ofred tape to navigate around. but thought that K would be worth opening up that discussion. Ames referenced the existing trail system and felt that itwas not en actual system, but more e series of groupings. He expressed that they need to be mindful going forward to make sure that they trails are connecting. Ames suggested that incoming developers are told upfront about the philosophy tVconnect trails outside for each neighborhood. Zukaoer commented that the nmw5m Street plan vvnu|d include a connecting baU and felt that the key was to continue to work on the Lake Elmo Regional trail system. Ames thought it might be worth approaching HOAs to see if they would like the City to take over maintenance of their private ha|s, as there is a high cost to maintain them. Riley responded that the planning department has approached H[}Ao about trail ownership and have received m mixed reoponse, some negative, Zu|egor stated that if the city were to take over maintenance on the trails, it is assumed that they would become public trails, and some HOAs are against that; would like to keep their trails private Zeno added that he didn't think acquisition of HOA trails needed to be an all or nothing thing, That some of the HOAtnai|svvou|dn'1nmcesaad|yconthbubatothonagiona|traUp|an.Zonoo|oonnmmentmdthatUHOAarefused to make their trails public he advises that the City would build the trail system around those neighborhoods, aPark Sign Update ) MacLeod shared that two signs vvenafinished(RwidondPebbb)andpiuhedupeadhar8loddny.Therestofthe signs are anticipated to be completed by the first week of August, with Sunfish Lake Park being the next in line for completion. Anamenity panel for one ofthe signs was inthe council chambers for the commission b)view. b. LERT Update (Weis) Weis stated that city planner Johnson has continued to talk to Washington County and that they are working on the west side aoneon p|an. Zu|eger added that the LERT in currently on hold but the ohx has been talking with the county about being incorporated into the master plan to be considered by the K4ot Council, Zu{eger added that [Net Council Park and Open Space Chair' former Mayor Johnston, recently dropped off o copy of the master plan, which has been serving asoguide for next steps. H|n¢pas referenced the search corridor and stated that the LERT was not currently port of that plan. She commented that regionmUy, there are o lot of trails going on in other oreas, but hardly anything in Washington County and she would like to see more priority placed on Lake Elmo trails at a county level. Weis commented on other communities coming forward and that trail plan requests are becoming more prevalent in the county. Ames asked what the next steps are. Zuoger responded that the city has been requesting that the search corridor be included as a key corridor in the county's trail plan between Oakdale and Stillwater, connecting to a regional park. The City is continuing to have conversations with the county about the best way to access the Lake Brno Park Reserve. Weis has offered to present the LERT presentation to the County b)keep the ball rolling, He emphasized that it is important to get included in the plan because it will open up a lot of funding opportunities. c.Hammes Park Space (Zmlegmh Zu|eQmr stated that there was an hem not on the agenda that needed to be addressed: The Hammes subdivision park space. To recap` Zu|eQer shared that per previous discussion and in response to the commission's request. the Hammes developers had placed the park in the northwest corner of the development near Keats Avenue and Goose Lake. The proposed park space includes fishing pie,, oheka,, gdU. parking lot and is also where the lift obsUon is located. Currently the plan does not include a play struciuna, which was initially requested by the park commission as m condition of approval. The Hammes developers are seeking input from the commission as to what type of play structure to include, and if they could receive credit for parkland dedication if the structure was included. Zu}egmr continued to point out edditiona|gnomn/meetin0 spaces within the development and the 100' buffer perimeter per the comp plan (including a trail), Ames thought heremembered asmall park internally |nthe neighborhood that would have aplay structure. H* in not sure that a play structure near 55 nnoh roadway is o good place for a play structure, Ames also questioned where neighborhood children would play, as lot sizes looked small to consider private play sets, Zu|eger pointed out that the Lake BnOn Park Reserve was located o niks north of the dgVe|opment, with a phenomenal play set. Ames stated that he didn't feet current playgrounds were within reasonable walking distance for residents. Hietpas shared that she didn't h»e| that the green spaces included throughout the development were large enough for community meeting spaces, Zuleger pointed out the location ofneighboring parks inStonegeteand Lennar neighborhoods. The commission requested that a location central in the neighborhood be considered for play structure placement. Zuleger said that he would forward their comments to the developers, Meeting adjourned at8:S4PyN Respectfully Submitted, A|yoaaMacLeod, Recording Secretary ./2014 P-ROtOrittiOrt Detail 1,1 LICZP, to PPP/ t*q 1# 14.15‘ti it r i 1vow .„„ OUTZ_OT A 13 .4 1,Pri I I OtrOoPT rdtt 1 730* S'17P/PnIt 300330 Paatorn tion Datall Kcal Plant Sobecloin aol t, (aaw. SZE M.A.. au 4.1"1 ro... -..er p tp,/, __0419/4/14 6-..1-71- sfe. re Rem tee: eeen/een eee•:te vAeeuee., e cseee eee ere;,, upeet44*47 'Cast! if" 62 qVAWIPS, 04f 34,04 Eleueteles ee Wt. tete° to.e.e4L_ Pee Pee144444.4.-at. '44-, hoevai 'IMW¢ / aellt PPP.. 432 0.0- MAMIE Mat I+."4 \ 410,-.. tr *re.. 010*4* Ryland Homes MO Amuse Drtn 1,1214, lama* Sni teL Thep UPprP*4 PPt% Ct/t`t Sr Mit Hammes Property Final Landscape Details trIP-1,..01 9.1 C9/47/14 4.4. 3 0, 4 1e ' Element M=^*n"hnlgy 662c=~~ell Avenue wPaul, Mw 55114-1720 USA p65,64,~m, r6nen/mu rmmrao,55a info "*""'w°/"m""'corn element corn Hammes Estates Development Located West Of Keats Avenue North Lake Elmo, Minnesota 55042 Element Materials Technology St. Paul Inc. Project No.ESPQI5780P FIELD OBSERVATION On 5/6/14 approximately QU "a=3 of mn/ was excavated below a former wash conveyor line located at Latitude = 44» 57.501'. Longitude = 'SO" 54.348'. Elevation 838' The recent discovery ofpetroleum impacted soil was promptly reported to the Minnesota Duty Officer under Duty Officer report #141426. Consistent with the standards and practices set forth by the K4PCA, the soil was excavated then placed under and atop non -permeable polypropylene sheeting pending offsite landfill approval. Additional soil was then incorporated from another recent onsita contractor diesel fuel spill located at UTK4 coordinates 507425.87 nnoharu easdng. 4978168.15 meters northing. Both of these removal excavations were administered under the direction of an environmental professional using a Photoionization Detector (P|D)to screen the soils, Whereas the areas were excavated until the native soil background levels in the base & nidewe||n were free uyany detectible P|D levels. These recent spill episodes were excavated from the site in o Unna)y manner such that no meaounaab}e levels of contamination remain onoi1a under and around these spill areas. Confirmation lab work of the stockpiled soil was then collected prior to the permitting of said soil for proper offsite disposal. On 8/6/14 & 8/7714. 161 ydosof petroleum soil was transported to the SKB landfill in Rooernount. MN for proper disposal. CONCLUSIONS AND RECOMMENDATIONS The nscantonade cleanup measures were successful in the complete excavation of petroleum hnpocbeU soils, In -so - far as the base and sidewalls under the "knee deep" excavations exhibited no detectible levels of petroleum vapors, The earthwork contractor was hereby advised to fuel their equipment over areas equipped with a non -permeable poly uspill shield" or similar containment as to eliminate the risk of adverse environmental impacts to the soils, Our frequent onsite inspections have not seen any repeated spillages at the site. At the time of this field observation, no additional investigation or cleanup measures have been required in association with this recent reported apUi Since both of the "post excavation' base and uidexvoU test samples were be/ow the 10 parts per million P|O values set forth by W1PCA guidance 3-01. no additional investigation or cleanup measures is anticipated orrequired. STANDARD OF CARE Services performed for this project have been conducted in m manner consistent with the level ofcare and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time constraints. Nowarranties, expressed o,implied, are made. The material contained inthis report inhobeconsidered confidential. Distribution, sale or publication of this report or any part thereof without the expressed written consent of Element K0abaha|o Technology 8L Paul, Inc. is prohibited. Additional opp{en of this report and their associated reliance letters may be obtained by contacting Element Materials Technology St. Paul Inc. ELEMENT MATERIALS TECHNOLOGY ST.PAULINC. Report Prepared By: Mike MalinowskiCEO ,ertified Environmental Specialist Gtr 3' ^t,PE--- Senior P -oject Engineer K8NReg, No. 41058 Attachmiants: Spill Location Diagram; Proof of Disposal/ Landfill Manifests, Site Photographs uCoordinates and Stockpile Lamwork RI1N3AVS1Vg,X 3 4 r 1‘. I r e ELExwonD'H4mmlps 1l87FROST AVENUE KUxpusVVm0o,pWNS5lO9 651-774-1761 October B,ZOl5 Mr. Clark Schroeder Interim City Administrator City ofLake 8nno 38OOLaverne Avenue North Lake Elmo, MN55O4Z Re: Hammes Estates Final Plat and Development Contract Dear Mr. Schroeder: On C}ctober7, 20I4, the Lake Elmo City Council approved the Hammes Estates Final Plat and Development Contract for my fannik/'s property (Resolution No. 2014-81). Due to various complexities, the Final Plat was not recorded. VVeare working onthe issues and now feel ready tomove forward with the project aspreviously approved, Accordingly, we are requesting that the City Council extend our Final Plat approval and Development Contract for two years from the original date of approval (until October 7, 2016). Thank you for your consideration. Sincerely, ' E\eanorD. Hammes, Owner TI tI CITY OF I K E ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 REGULAR ITEM #: 14 MOTION RFP request from Parks Commission for Ballpark Redesign Clark Schroeder Clark Schroeder Shane Weis SUGGESTED ORDER OF BUSINESS: introduction of hem........ ..... . Report/Presentai ..... Questions from Council to Staff Public Input, if Appropriate....... Call for Motion ..... ..... .. Action on ............ . ...... ......... ...... ........ Staff ........ ........ . ....... ..... ..... ...... Stair ..... ........ . ....... ..........Mayor Facilitates ......... ........ Mayor Facilitates . ..... ...... ...... .....Mayor & City Council .. .......... ..... ..... ..... ...Mayor & City Council ........ ............ Mayor Facilitates PUBLIC POLICY BEING SET: THE PUBLIC POLICY BEING SET IS MOVE TO EVALUATE POSSIBLE REDESIGN OF BALLFIELDS DOWNTOWN. SUMMARY AND ACTION REQUESTED: The Parks Commission is requesting that Parks Funds be utilized to seek out an architect that specializes in redesigning ball fields with a historic theme. The city would issue a RFP requesting proposals to redesign one or both of the ballfields in downtown. This would provide estimations to redo the fields and upgrade them within the next couple years. Below are some examples of ballfields in Minnesota that have been redesigned with this theme. RECOMMENDATION: "Move to issue a RFP for architectural vork to redesign the ballfields in the historic dolVlItOW11" ArFACI- ENT(S): littp.7:tninnizsota.chsloc The Mini Met 481 Rice Street South Jordan, MN55352 YVe�o�re Just south of the metro lies one of the great amateur baseball parks in Minnesota. The Mini Met in Jordan iothe home ofthe Jordan Brewers cf the River Valley League, The Mini Met ioalso one ofthe annual sites for the Minnesota State High Scholl Baseball Championships, Take Highway 169 south from the metro and exit onHighway 21�It's off Rice Street near PekomoPark. John Burch Park 1ODNorth 7thStreet Cannon Falls, K4N550US VVebs(to John Burch Park in home to the Cannon Falls Bears of the Classic Cannon Valley LeaQue, and it's located in the heart of downtown Cannon Falls off historic Highway 19, The park features an amateur *aruionofthe^gnaenmnnstor^inBooton'uFenmmyPork.Ahighhancewithoverhangingtneeomokesup for the short distance inleft field. The park has great concessions, including fresh popcorn, The Bears also feature one ofthe most competitive teams inClass B, -~� —~==~ ` Athletic Park 725 West First Street Chaska, MN55318 ��s� It's the home of the Chaska Cubs of the River Valley League. It's one of the nicest stadiums inthe southwest metro. Athletic Park is also a venue for the Minnesota State High School Baseball Championships as well as the Lions All -Star Baseball Tournament. The ball park features great concessions and comfortable seating for the perfect summer night ofbaseball. ' Johnson Park 5UhNorth Street and North German Street New Ulm, N1N50073 VVebske In one of the more entertaining cities of southern Minnesota rests one of the better baseball facilities in southern Minnesota, Johnson Park in New Ulm is home to the New Ulm Brewers of the Tomahawk East League. New Ulm is also known for its quality amateur baseball with the Kaiserhoff, '�`^�ball park is just blocks away from the historic downtown. Johnson Park is a great place to check out a ball ganie. BarneyTad8en Field County Highway 25and 3ndStreet South Brown1oo.MINI 55312 yVebs/te /t almost has to make the list boned on its name alone! Barney Tadaen Field is the home of the Brownhon Bruins. Located off Highway 25 in the heart of the city, the Bruins play in Crow River Valley League. The ball park features your classic backdrop behind home `�`. complete with old-style bleachers and a fencing to keep fans safe from foul balls. Brownton is the other hoot city for the 2011 State Amateur Baseball Championships. THE CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: Regular ITEM: Building Department Truck Clark Schroeder, Interim City Administrator Clark Schroeder, Interim City Administrator Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: 11/4/15 #15 Introduction of Item ............. ...... ............. ...... ...... .. Interim City Administrator ...... ...... ... ...... ........ interim City Administrator Questions from Council to Staff ....... .............. ..... ...... ....... ..... ............. Mayor Facilitates Public Input, if Appropriate............. ..... ........ .. Mayor Facilitates Call for Motion ..„... ..... ........... ..... ............... ..... ..... .............. ....... ..Mayor & City Council Discussion .......... ..... ....... ...... ...... ...Mayor & City Council Action on Motion............ ...... ....... ..... ......... .............. .......... .. Mayor Facilitates FINANCIAL IMPACT: PURCHASE PRICE OF BACKGROUND AND STAFF REPORT: Staff received two quotes for the purchase of a vehicle for the building department. A 2016 jeep Compass for $20,261, and a F150 4x4 for $22,786.24 When comparing the outright purchase versus lease option on the low bid (Jeep) a 5 year lease based on 5.99% APR would be $314.06 per month, This is based on no more than 12,000 miles per year which is well within the normal range of the building department. The Residual Value at the end of the lease if estimated at $9,577. Another option is to buy the vehicle via a loan from Lake Elmo Bank. They are willing to give us a APR of 1.99 for 5 years with a payment of $350.46 per month and at the end, the truck would be free and clear. One of the considerations is if you buy the truck outright you load up one year of budget with the purchase and under weigh the actual cost of doing business during the out years. This provides a clear picture of what the actual expenses are to run a department. On the flip side, in order to accommodate greater accuracy in cost management, you have some sort of finance cost via a lease or a loan. In this case, the cost of money is relativity cheap at 1.99% in order to provide greater cost accounting and have that be a fixed cost of running a department. RECOMMENDATIONS: Staff recommends that the vehicle be purchased with a loan from Lake Elmo Bank at l .99% for 5 years. 'nn`'n'),'W" �� ���� ELM(-� ��^u��~� MAYOR AND COUNCIL COMMtJNICATION DATE: 11/4/15 REGULAR ITEM #: |6 MOTION OPOrdinance Development Discussion Clark Schroeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF B05XNE9O - Introduction ofkoon Staff - Pcencn\xdou.................. —.-----............ —.—..-----.............. Staff' Questions from Council to Staff. .... —'—.......... .... —............. Mayor Facilitates Public Input, ifAppropriate .............. ......... ....................................... 'MuyorFacilitates - Call for Motion ......................................... .................................... Mayor & City Council - Disouoxno.—.................................. ....... .......... ....................... Mayor & City Council Action ooMotion ......... _............ ... ..... ....................... ... .... ... Mayor Facilitates PUBLIC POLICY STATEMENT NONE, DISCUSSION ONLY BACKGROUND AND STAFF REPORT: Council member F|if|etrequested information pertaining to the requirements for Open Space (OP) developments and would like the council to discuss the OP ordinance to see if there is any appetite for adjusting any of the current parameters. Several areas including density, how density is calculated, and minimum acreage are some discussion areas identified. As an example, one of the requirements is that the development densities are allowed up to 45 dwelling units per buildable acre on 40 acres or 18 homes per 40 acres. One of the questions for council consideration isshould the requirement nf buildable acres beused inthe calculation. If the intent/purpose of this type of development is to maintain as much open space as is possible should the requirement be reviewed to include non -buildable land in the 18/40 density? If you had 45 acres with lots of wet lands/ponds on it, say 15 acres your calculation would be as follows, (45'15)x.45= 13.5 a||uxved homes. This equates to a density of .] homes per acres versus the allowed .45 units per acres. If you included the wetlands in your calculation it would be 45*.45= 20.25 units for the development. Ponds/wetlands have to be reviewed by watershed districts and preserved, but this would o||oxv properties which otherwise might not be developed to be reviewed and brought forward tn council. One of the other considerations for council is should this type of development be limited to just OPEN SPACE PRESERVATION )§ 150.175 PURPOSE. (A) The purpose of open space preservation (OP) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan. This type of development will allow an alternative to large lot, single- family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. (B Protected open space will enhance and preserve the natural character of the community and create distinct neighborhoods. (Ord. 97-79, passed 5-1-2001) .1§ 150.176 INTENT. (A) It is the intent of the City of Lake Elmo to accomplish the stated purpose of OP by approving a conditional use permit for portions of property cun-ently zoned Agricultural, Rural Residential, and Rural Estate; and by adopting the comprehensive development regulations contained herein. (B) In retum for requiring preserved open space as contained herein; it is the intent of the City of Lake Elmo to allow dwelling unit density that will provide a development density equal to or greater than the prior zoning; AG, Agricultural, RR, Rural Residential, and RE Residential. Estate. (Ord. 97-79, passed 5-1-2001) )§ 150.180 DEVELOPMENT STANDARDS. (A) OP developments shall comply with the following minimum standards unless modified by 4/5 affirmative votes of the City Council. (B) (1) Land area. Applications for a residential development in the OP District shall meet all the following criteria. (a) The minimum land area for an OP conditional use permit is a nominal contiguous 40 acres. The ratio of parcel length to width shall not exceed 3 to 1. The total number of dwelling units permitted shall be according to the development density criteria contained in the Comprehensive Plan. The total number of dwelling units within an OP development shall not exceed the density limitations contained in the Comprehensive Plan for OP Districts. (b) The total preserved open space area within the OP development shall be at least 50% of the total buildable land area, as defined by § 11.01. Areas not meeting the definition of buildable land area shall not he not he considered to be preserved open space in determiningdeterrnining the amount of preserved open space proposed. (c) Dwelling units shall be grouped so that at least 50% of the buildable land area of the proposed development remains preserved open space. The preserved open space shall consist of agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community recreational areas. RECOMMENDATION: No recoininenclattons/ron ATTACHMENT(S): THE CITY OF MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 REGULAR ITEM #: 17 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Parliamentarian discussion Clark Schroeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ............ ..... ........... ...... ............... Staff - Report/Presentation............. ...... ................................... ...... .................. Staff Questions from Council to Staff._ ...... .... ........ Mayor Facilitates - Public Input, if Appropriate. ....... ........ ........ ......... Mayor Facilitates Call for Motion ..... ........ .....................„ .... ........ ..... Mayor & City Council Discussion............. ...... ..... .Mayor & City Council Action on Motion.... ...... . ............ . ....... ......... ...... ........ .......... Mayor Facilitates PUBLIC POLICY STATEMENT NO POLICY BEING SET SUMMARY AND ACTION REQUESTED: A request was made to research if professional parliamentarians would be available to help guide the Lake Elmo city council meetings. The League of Minnesota Cities have not gotten back to the Administrator with anyone as of Friday afternoon, they may come back with a recommendation at a later date. The National Association of Parliamentarians lists a just a few people that list themselves as a parliamentarian ( see the below list). There was small group (5) persons that had meetings about parliamentary procedures in 2014 but have since disbanded. The University of Minnesota used to have a student organization for parliamentarians but have since disbanded. FFA has a presence in this field, training new leaders for our communities, they may have instructors who might be wiiling to help guide our meetings. BACKGROUND AND STAFF REPORT: Council can decide to direct the Administrator to hire a parliamentarian for meetings if they so desire. Council could also direct the administrator to vet out prospects and present to the council for interview. V,. Biography inte'este6 in ;aining a ...nbxledge partameltary procedure v.. had ter\mirg as an c ffiser cf a National Dog Club in 1,391', a lc -1—y fir 5,-. course .r1 proceAtire a: the Padi!on. I also nave a backgrbund in nea,th care and nave com..iile-red my HP...A, I conterest 111 par:Jarrieritary procedure ano advanced tnrougn the cou'seir.t.become a Profess.cna, 7,iegistered carliamentar i1 CCIL,I burrent,v 5ere flational, ainP. State oiTliiii-dations as their ParLarrie -Icarian during -.lei,- EiannuaL, and civarterly meetings as *el, v.'ring oinc1 nc as!is:ing E)rriar.A.s. I hsoie. v‘crked C.oricbdriiniuni 4,:s.ociar.01*-,5. eniovcv v.'ith Tine 3oaritis fIC: menr;bership cf the various organizati4Pns that I serve. It is my custom TC 1,Yere in ziii.iaricti by reviewing the oiganizations. Nies, hy.avvs and overail objectives. I am agreeable to tens avai;abie Id the members for ciJestions before and afTer the ;meeting I strive; in advance, to pin an LictE,noiing oi the isste.s and establish a mutually agreeate method of cornmi..nicacion vvith the president to of' e— discreer asc stance in pa.",iamentaryLaW Curing the rneetin9s zonventions. I focus .):1 the intent of the bu5ness at nand and a'yoiPing difficilties chat can rT5, rth in iing rhinpr deviation! or precise ianguage v..hue tie imeetiiig i rogressilg tc everyone's satisfaction. Ms. Ginny (Virginia) Altman Professional Resisteied Parliamericaran !riati,cne A.S54::1011 of Parliameritar,ans Work 771 Gramsle Road 5)oreve),... MN 55126' Unitec.' States Work Phone:651 481 070.4 Cell Phone:651 592 0704 Work Email: oiroaitman(Friaol.com Shovv fiao o Biograptly ,L1ofscrtPeg:stere: s-Jaineriza.Han since 21202, c-ver :wk.) cozen tcca., riar;snar. an: '.nternational t:.ients nc ten!n; forte, 1 a rn a'ole ED 2:4 .."."1 in tne intricacies of ParUa retry Pnscedure in a triat s t,seful unde,'star...labt.e. Locate: in a .5^ibJit, cI 3T. the airport. a nc the. three la.rgett cities in `-linnesota.",rvnetner as a n;alsasit. teacher cr riteetn9r scr:pt-'.vr'.ses, I F...e.a.tec tc, 5F,itt ou ini ys,ur organisation wi your parjam,!nt,f;ry rieeos. Mrs. Patricia Reymann Professional 7..tegis!rered Parliamensaa Work 526 Chapel Lane St. Paul HU 551 USA Work Phone: 651.454.4702 Work Email:: pazreyri ni Zrorrcast.het Show Mao I Close. P: Biography Kev:in \-Vencr.., PRP i: -:".eigisteriziii Parliamentariain th the r ninesc:a Zit ate AssiDciatipn of Parliamentarian!. He joined :le: Association of ir-rarliarreiiitariaiis 12CiCi9 it became a ;iRP at tine National Training Conference Pat.,: in KeV'fl :5 P111Cipa::. Instructor in the Tinning alw Database Development program at OiLiniwoo.sy Ccillege of Tetinnology in Minneapolls, lHAs the drib,: faculit the pfoisrami, he teaches in sevefail. topic areas, acvises stuiiients in the pros:fern, ueates curriculum, scn.edules courses, coorzinates adjunct facet,: in the pro am, and ailiTS cacee, 1ia150:1 fof the college. Hewa 5 awarded the. 2C1.1. Outstancins Aisacerific Innovation aii.iiard for his, contripaioris to the program, includin9 setting up mock inter.iiews fof the students v tlI t.echnology recruizers wifirking 1the Kevin D Wendt PRP- Work 6232 5th Avenue South Richflet0 MN 55423 Celt Phone: 612-209-2C22 Work Email: .nfo'41k.d..vconsultinorcorn Personal Email: wend0144irz...unn.eOu Website:.KDW ConsuLtin9 Show I KEV-1%".5 es an Amateur Softbal Association fir tine Minneapolis Pafk S P.ec Eicart, officiatThs riers,i,iiionneri's, and co-ed 5tUlt Kftba'.1. '..easue jai' fi iApTit vlvo,.19ti September eacn year. Cve.r tint coming Laipor Day 'weekend, he wiL be working his secons national. championship tournament in Springfiel.c.,. Kevin served as President for both the l'i/iinnesoza State Asscicia:ion and his 'Local unit; Nicirthern Lishts Parliamentarians, from May 2011 — May 2C13. He is cc.irreintly chaim7an o the WeDinar Subcommittee, has 5eTVEt a 5 Assistant 'OreOrnaster f as well es beim; a member of a special commraees at the national leveil. Kevin also served for two years as pfesiting officer of the stunent moody egisla-.ure as the University of rlinnesota, V". the zirrie, zhe 2nu largest .iiriderLtifaduate istude.nt boPy in the countr;.i. He spent over' 6 years In student gCVerriz,lse in varioLs positions. wanfinsi to lose the impact of the experience he had 9airieb, ie sous ht out a to continue his involvement ,iivith RO\R anb found NAP, In June 2C12, ev 1begal iiiivorki on his Piri,D, in Computer Science at the Unifierziti ofi Minnesota. He has er(oyed his covses in A.P.vanced Algoilthms and despiiset those in Data. riining. He has, esun his rese.arch in the area of engineei"ing, hopine to complete nis doctorate by reseatchint the need 5 ant best deliverymethods for software engineering sill training. in industiiy. Kevin and Elizabeth ee married on Novembe.ir 2177' (11-11-1, and theij: live in Ric just outside of Minneapolis), with their first Ch'.'LC,, Elliott., and puppy, DL.fica 9. Ms DarLeen A Harens ccn Assoc,a.:ion of Parliarnenta,-.,al!., Work '13790 Jordan Circe o2,v1le Vlqnesota, 551:44 USA Work Phone: 952 433 E.91C Work Email: d ha7eis:llom.a cam Show N'ao j TI ( :I ( )1, AKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION RFP for Engineering and Legal services Clark Schroeder Clark Schroeder Clark Schroeder DATE: REGULAR ITEM #: MOTION 11/4/15 18 SUGGESTED ORDER OF BUSINESS: - Introduction of Item ............ ..... ...... ......... . ..... ............. Staff Report/Presentation Staff Questions from Council to Staff. Mayor Facilitates - Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council - Discussion Mayor & City Council Action on Motion Mayor Facilitates PUBLIC POLICY STATEMENT NO POLICY STATMENT SUMMARY AND ACTION REOUESTED: A request has been made by a council member to issue a RFP for Engineering and Legal Services for Lake Elmo with an effective adoption of 1/1/16. BACKGROUND AND STAFF REPORT: The history of Lake Elmo contracting for Engineering services is one of longevity. For 37 years, Lake Elmo contracted with TKDA. Due to issues outside of the control of Lake Elmo, in 2011 that relationship ended. At that point, Lake Elmo started contracting with Focus Engineering. For legal services, Lake Elmo has been working with Mr. Snyder through two different law firms for a nutnber of years. The current law firm is Johnson & Turner. Needless to say, continuity for these services is important to a city with high staff turnover and should be weighed in any decision the council makes. If the council votes to put out RFP's, staff would seek out templates from other cities that have done this so we don't have to start from scratch. Staff would send this out via the League of Minnesota Cities. RECOMMENDATION: This is a city council decision so two option are proposed. "Move to direct staff to issue RFP's for engineering and legal services for 2016" "Move to not issue RPF's for engineering d legal services for 2016" ATTACHMENT(S): October 30, 2015 Mike Pearson 2805 Lisbon Avenue North Lake Elmo, MN 55042 Julie Fliflet 4577 Lily Avenue North Lake Elmo, MN 55042 Anne Smith 12153 Marquess Lane North Lake Emo, MN 55042 Re: Interim Administrator Contract Dear Council: LEGAL Justin Bloyer 8881 Jane Road North Lake Elmo, MN 55042 Jill Lundgren 8282 Hidden Bay Court North Lake Elmo, MN 55042 Pursuant to request, enclosed herewith is the Interim Administrator Contract. It was signed in July and provides that the appointment is anticipated to be no longer than SIX (6) months (as interim). The Council may wish to give consideration to what it wishes to do on a go forward basis. Should you have any questions or any direction here, please let us know. Thank you. Sincerely, JOHNSONITURNER LEGAL David K. Snyder DKS/mah Enclosure 56 East Broadway Auenue,, 8ttire 206 Forust LaJ, iliV 5:3025 p 65.1.,16,1:7292 0331.46.1,73,18 johnsonlurnercom FOREST LAKE LAKE ELMO ' WOODBURY BLAINE INTERIM CITY ADMISTRATOR EMPLOYMENT AGREEMENT THIS AGREEMENT made this 21st day of July, 2015 by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation ("Employer"), and Clark Schroeder ("Employee"). The parties agree as follows: 1 POSITION. Employer agrees to employ Employee as its Interim Full Time City Administrator. Employee agrees to serve as Interim City Administrator in accordance with state statutes and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. TERM. Employee is retained as the City's Interim City Administrator until such time as a regular City Administrator is appointed, which is anticipated to be no longer than 6 (six) months. The City may terminate the Employee with or without cause at any time with fourteen days prior notice to the Employee and the Employee may terminate his employment at any time with fourteen working days prior notice to the Employer. 3 PENSION PLAN. Employer shall contribute to PERA as required by State law. 4. SALARY. Employer shall pay Employee a salary of $1,650.00 per week ($41.25ihour), subject to withholding required by State and Federal law for taxes, F1CA, Medicare, PERA and the like. Both parties recognize this amount is not equivalent to the full - current salary for the City Administrator position, and if the Employee is selected as the permanent City Administrator the wages and benefits negotiated will be equivalent to the full current salary for the City Administrator position, or commensurate with those paid by other local cities of similar size and scope_ 5. BENEFITS. Employee shall receive benefits of the same type and kind offered routinely to other employees. 6. HOLIDAYS. Employer shall provide Employee the same paid holidays observed by other non -union employees. 7. AUTOMOBILE. Employee shall be reimbursed on a per mile basis at the IRS allowed deduction rate for the use of his personal automobile for Employer business. 8. GENERAL EXPENSES. Employer shall reimburse Employee miscellaneous job related expenses which it is anticipated Employee will incur from time to time when provided appropriate documentation. 9. HOURS OF WORK. It is understood that the position of Interim City Administrator requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures of time. It is further understood that Employee will absent himself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. l O. INDEMNIFICATION. Employer shall defend and indemnify Employee to the extent required by Minn. Stat. § 466.07 and § 465.76. 11. PAID TIME OFF. Employee shall be allowed five (5) days of paid time off taken periodically, not as 5 consecutive days. This agreement shall supersede any previous agreements and oral understandings between the parties and may not be amended except in writing, signed by both parties. In the event of any conflict between this agreement and the Employee Handbook, this agreement shall take precedence. 2 IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its Mayor and City Clerk, and Employee has signed this Agreement, in duplicate, the day and year first written above. Dated: Dated: Dated: 1 2. - EMPLOYER: CITY OF LAKE ELMO By: EMPLOYEE: Interim City Administrator -n ry A I-C F. ELM() AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION, Proforma Discussion Clark Schroeder Clark Schroeder Clark Schroeder DATE: 11/4/15 REGULAR ITEM #: 20 SUGGESTED ORDER OF BUSINESS,: - Introduction of Item Staff - Report/Presentation Staff Questions from Council to Staff Mayor Facilitates - Public Input, if Appropriate.„.. ..... . ....... ...,. ...... .......... ..... .... ..... ....... ..... .. Mayor Facilitates Call for Motion Mayor & City Council - Discussion Mayor & City Council Action on Motion Mayor Facilitates BACKGROUND AND STAFF REPORT: The administrator will address council questions that were raised from the meeting on 10/20/15 concerning the proforma Consulting Firm Total Engineering Bolton & Menk, Inc. $82,941 MSA Professional Services $61,876 TKDA, Inc. $66,600 SEH, Inc. $64,500 CITY OF LAKE ELMO, MINNESOTA 2016 STREET, DRAINAGE & UTILITY IMPROVEMENTS PROJECT NO. 2015.129 DATE RECEIVED: OCTOBER 30, 2015 PROPOSAL FEE SUMMARY Project Management P&S Bidding Construction $5,160 $45,933 $1,114 $30,734 $3,484 $31,042 $1,652 $25,698 $3,100 $43,888 $1,689 $17,762 $2,000 $42,516 $1,700 $18,294 Fenced 1/2 Basketball Court Use excavated soil from Savona/Boulder Ponds/Hans Hagen to create berms tall enough for winter sledding