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Home My WebLink AboutCCP 05-19-15 TF I I (:[T1 ()I-" Our.Alission is to ProvideOralitp Public Services in a Fiscally Responsible LAKEE LN4O 1 1anner IY'bile PreservinS t1.7e Ci0 Open Space Cbainaer NOTICE OF MEETING City Council Meeting Tuesday, May 19, 2015 7:00 P.M. City of Lake Elmo 1 3800 Laverne Avenue North Agenda A. Callao Order 7:00 PM B. Pledge of Allegiance C. Roll Call / Order of Business D. Approval of Agenda E. Accept Minutes 7:05 PM 1. Approve April 21, 2015 City Council Meeting Minutes F. Council Reports G. Presentations/Public Comments/Inquiries 7:15 PM 2. Fire Department POC Recruits/Promotion to Lt. 3. Trunk Highway 5 Turn-back—Resolution of Support; Resolution No. 2019--35 4. Presentation / Approval of 2014 Financial Audit/ CAFR H. Finance Consent Agenda 7:50 PM 5. Approve Payment of Disbursements and Payroll 6. Accept Finance Report dated April 30, 2015 7. Accept Building Report dated April 30, 2015 8. Accept Assessors Report dated April 30, 2015 9. 39" Street N: Street& Sanitary Sewer Improvements —Pay Request No. 4 10. 2015 Seal Coat Project—Accept Bids and Award Contract; Resolution No. 2015-36 11. Council Compensation Payment Schedule Policy (Smith Request) I. Other Consent Agenda 8:00 PM 12. Encroachment Agreement—5500 Hilltop Avenue North 13. Encroachment Agreement—9906 Tapestry Road North 14. Encroachment Agreement— 11647 58"' Street North 15. Washington County and St. Croix County Fire Mutual Agreement 16. United Land/Bremer Bank Minor Subdivision; Resolution No. 2015--37 17. Resolution Approving Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies and Request Form for Minnesota Governmental Access (MGA) Login Account; Resolution No. 2015-38 J. Regular Agenda 8:05 PM 18. Downtown Street, Drainage and Utility Improvements—Accept Report, Call Improvement Hearing; Resolution No. 2019--39 19. Inwood Final Plat and Final PUD Plans; Resolution No. 2015-40, Ordinance 08-120 20. Inwood Developers Agreement; Resolution No. 2015-41 21. Approve Purchase of Spraypatcher 22. Affirm 2014 Council Approval of Pay Increase for City Administrator (Mayor Request Per Council) 23. Request to Fill the Taxpayer Relations Coordinator / Receptionist Positions (Mayor Request) 24. Future Growth Strategy / Phasing Plan Policy (Fret Request) P. Staff Reports and Announcements 10:00 PM L. Adjourn i CITY OF LAKE ELMO CITY COUNCIL MINUTES APRIL 21,2015 Mayor Pearson caged the meeting to order at 7.•OOpm. PR.V,SEI?+tT: Mayor'Mike Pearson and Council Members Julie Fliflet, Anne Smith,Justin Bloyer, and Jill Lundgren. Staff present: City Administrator Zuleger, Associate City Attorney Brekken, Community Development Director Klatt, City Planner Johnson,City Engineer Griffin,Finance Director Bendel,and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Council Member Bloyer pulled Item 14 from the agenda. Associate City Attorney Brekken requested Item 10 be postponed and placed on next city council agenda as a closed session. Council Member Fliflet pulled Items 6,7,and 8 for discussion. MOTION. Council Member Lundgren moved TO APPROVE THE APRIL 21, 2019 CITY COUNCIL AGENDA AS AMENDED.Mayor Pearson seconded the motion. MOTION PASSED 5--0 ITEM 1:ACCEPT MINUTES THE MARCH 24, 2015 SPECIAL CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS. COUNCIL REPORTS: Mayor Pearson: attended Gateway Corridor meetings. City Administrator Zuleger spoke about MetCo population projection reduction. Lake Elmo was reduced to 18,200 population target by 2040. Council Member Bloyer: attended Gateway Corridor meetings;spoke about lake treatment for milfoil.Lake Elmo will not receive any grants in 2015;he spoke about previous comments on developments, densities,and council votes.He asked for the Council to respect staff. Council Member Lundgren: farmers market meeting. It will start out on Lake Elmo Ave; attended Rotary Club meeting;Sunfish Lake nature event on 5/16. Spoke about solar gardens and the possibility of installing them in Lake Elmo;attended Gateway Corridor workshop.The Council Driven Workshop will be on 5/21. Council Member Fliflet: attended Gateway Corridor workshop;attended Finance Committee meeting.They are working on assessment policy for downtown;reported updated library card reimbursement process with Washington County. MOTION. Council Member Fret moved TO HAVE COUNCIL RECEIVE DRAFT AGENDA 3 DAYS BEFORE FINAL AGENDA IS SET AND RECEIVE FINAL AGENDA 24 HOURS BEFORE PAC%ET IS DISTRIBUTED. Council Member Lundgren seconded the motion. The Council discussed the agenda process. MOTION PASSED 3 2(Pearson/Bloyer—Nay). Council Member Smith: thanked gateway corridor meeting attendees/presenters; thanked everyone involved in progress with library-County relations;spoke about developments, densities,and votes. PUBLIC COMMENTS/INQUIRIES None PROCLAMATION-ARBOR DAY PROCLAMATION Mayor Pearson read the Arbor Day proclamation. FINANCE CONSENT AGENDA LAKE ELMO CITY COUNCIL MINUTES APRIL 21, 2015 2. Approve Payment of Disbursements and Payroll in the amount of$383,951.46 3. Accept Finance Report dated March 31,2015 4. >Accept Building Report dated March 31,2015 5. Accept Assessors Report dated March 31,2015 MOTION. Council Member Blyer moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Smith seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 6. Zoning Mftp Amendment Perfeeting Amendments, Ordittattee 08 IV Pulled for discussion 7. ;n' Pulled far discussion 8. Sign Varimee ;Reqelttfieft No.2015 28 Pulled for discusslon 9. 2015 Crack Seal Project—Receive Contractor Quotes and Award Contract MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Bloyer seconded the motion. MOTIONPASSED S-0. ITEM 6• ZONING MAP AMENDMENT—PERFECTING AMENDMENTS ORD. 08-117 Community Development Director Klatt explained the process for the zoning map amendments. Areas that do not have municipal services are not changed until there is a project associated with that area. Areas that do have projects are changed as the projects move forward. Specific proposed changes in the Village involved in this amendment were further explained. MOTION. Mayor Pearson moved TO ADOPT ORDINANCE. 08-117, ADOPTING A REVISED ZONING MAP FOR THE CITY OF LAKE ELMO. Council Member Flfet seconded the motion. MOTION PASSED 5-0. ITEM 7: EASTON VILLt3GE DEVELOPER AGREEMENT — CONFIRM FINAL REVISIONS AND ASSIGN AGREEMENT TO ON EASTON VILLAGE,LLC City Administrator Zuleger explained the assignment. Easton Village LLC is planning to assign the development to Excelsior Group. Council Member Fliflet asked about Page 14,Sections 29.A,B,C. Mr. Klatt explained the calculations and the estimated railroad costs. The Railroad cost estimates were discussed. Crossing estimates came in at about $500,000. Safe Crossing costs were discussed. It would be closer to $650,000. MOTION.•Council Member Bloyer moved TO AFFIRM THE FINAL LANGUAGE TO BE INCLUDED IN THE DEVELOPER'S AGREEMENT FOR EASTON VILLAGE AND TO APPROVE A POTENTIAL ASSIGNMENT OF THE AGREEMENT FROM EASTON VILLAGE, LLC TO OP4 EASTON VILLAGE, LCC UPON THE FINALIZATION OF AN AGREEMENT TO PURCHASE THE SUBJECT PROPERTY.Mayor Pearson seconded the motion. Council Member Smith wants to amend the crossing costs to$650K to be able to have a safe crossing. It was noted that the Lake Elmo Ave crossing will have more traffic, but that will not have a safe crossing retrofitted. Council Member Fliflet wants the record to reflect that her interest is in having a safe crossing. MOTION PASSED 5--0. ITEM 8 SIGN VARIANCE—8515 EAGLE POINT BOULEVARD; RESOLUTION NO. 2015-2 The reasons for the variance request were explained.There is a drainage easement,which causes the sign to be set further back on Inwood Ave and the topography is lower. Page 2 of 5 LAKE ELMO CITY COUNCIL MINUTES APRIL 21,2015 MOTION. Council Member Fliflet moved TO ADOPT RESOLUTION NO. 2015-28, APPROVING A VARIANCE TO ALLOW FOR THE CONSTRUCTION OFA 16-FOOT TALL GROUND SIGN ALONG INWOOD AVE. N. AT THE EAGLE POINT MEDICAL CENTER. Council Member Lundgren seconded the motion. MOTIONPASSED 5-0. REGULAR AGENDA ITEM 10:APPROVE LITIGATION VERSUS PRIORITY ONE IN Postponed to 5/5/1.5 ITEM 11: BOULDER PONDS ZONING MAP AMENDMENT, FINAL PLAT AND FINAL PUD PLAN; RESOLUTIONNO.2015-24, ORDINANCE 08-118 City Planner Johnson presented the proposed boulder ponds final plat.The proposal includes 47 single family homes. The street names were discussed. It was explained that the street names can be addressed prior to recording the final plat. MOTION. Council Member Fret moved TO ADOPT ORDINANCE 08-118, APPROVING THE ZONING MAP AMENDMENT FOR THE BOULDER PONDS PLANNED RESIDENTIAL DEVELOPMENT. Council Member Lundgren seconded the motion. MOTIONPASSED 5--0. MOTION. Council Member Fret moved TO ADOPT RESOLUTION 2015--24, APPROVING THE FINAL PLAT AND FINAL PUD PLAN FOR THE BOULDER PONDS PLANNED RESIDENTIAL DEVELOPMENT, WITH ADDITIONAL CONDITION THAT THE 6TH ST NAME BE CONSIDERED FOR CHANGE WITH DISCUSSION BY ALL APPROPRIATE PARTIES. Council Member Smith seconded the motion. Council Member Smith spoke about difficulties in her neighborhood due to street names. Deb Ridgeway, the developer, expressed her desire to expedite the process. Street names were further discussed. Council Member FUflet clarified her motion: as long the street in question is named something other than 6th St, she is fine with what is selected. MOTION PASSED 3 2(Pearson/Bloyer—Nay). ITEM 12: BOULDER PONDS DEVELOPER AGREEMENT.RESOLUTIONNO 2015-25 City Planner Johnson presented the proposed developer agreement. There are two payment/credit issues. The first being the cost of the sanitary sewer oversizing being paid back to the developer, and the second being the credit for the acquisition of necessary right-of-way for the 5t" St minor collector road. The Council discussed the ROW credit and the oversizing of sewer pipes. It was explained that the ROW credit was the best compromise option as the other options would be much more expensive and involve other practical challenges. Ben Schmidt from the Excelsior Group stated that Lake Elmo's developer agreement is toughest he has ever seen. It is very difficult to comply with and make the development work. MOTION. Council Member Smith moved TO ADOPT RESOLUTION NO.2015-25,APPROVING THE DEVELOPER'S AGREEMENT FOR THE BOULDER PONDS PLANNED RESIDENTIAL DEVELOPMENT. Council Member Bloyer seconded the motion. Council Member Fliflet does not support the agreement because of the credit amount. The credit was discussed. It will come out of the parkland dedication amount. Ms. Fliflet wants 5th street to be paid entirely by the developer. She also wants the developer agreement negotiations to include Council input prior to submittal for approval. City Engineer Griffin noted that 51h St was placed on transportation plan and expected to be a shared cost. The 100% developer paid expectation may include future "pinch points" and Page 3 of 5 LAKE ELMO CITY COUNCIL MINUTES APRIL 21,2015 the city having to pay,for them. City Administrator Zuleger explained the process used to arrive at the agreement.The Park Commission wanted to keep Stonegate Park intact. MOTIONPASSED 4-1(Fliflet—Nay) Meeting recessed at 8.98 pm.Meeting reconvened at 9.•OS pm. ITEM 13: MUNICIPAL CONSENT — PHASE II DOWNTOWN STREET AND UTILITY PROJECT;RESOLUTIONNO.2015-27 City Planner Johnson presented background of project. Washington County's Frank Ticknor explained the public engagement, goals, and preliminary design. Mr. Ticknor went through the preferred alternatives. The 301h street options were described. The key decision points were presented: 1) preliminary road designs for areas A-D; and 2) stormwater management facilities. It was noted that the overhead utilities did not need to be decided at this point. If included, it can be pulled out later. The next steps were outlined. Mr.Johnson explained the bases for the staff recommendations. It was noted that the City's minimum size for septic systems is 24,000 square feet. Why this project was moved up in the schedule was explained. The growing issue of septic problems in the village precipitated this being advanced. It was explained the County would not have been a full reconstruct if the City did not participate. It was explained that if the street not reconstructed now, the eventual utility infrastructure would include greater costs for the city. The responsiveness of the staff and County to concerns about trees was noted.The inclusion of sidewalks was discussed. MOTION. Council Member Bloyer moved TO APPROVE 30TH STREET OPTION#2. Motion fails for lack of second. The fiscal impact was discussed. Mr. Zuleger explained the impact of the County repayment plan. Tim Danielson, 11357 30d, St, is frustrated by Council indecision. He wants more safety considerations instead of discussing sidewalks. MOTION. Council Member Smith moved TO ADOPT RESOLUTION 2015-27, APPROVING MUNICIPAL CONSENT FOR PHASE II OF THE DOWNTOWN STREET AND UTILITY PROJECT. Council Member Lundgren seconded the motion. Project Areas Breakdown: Area A: MOTION.- Council Member Bloyer moved TO ADOPT PROJECT AREA A WITH OPTION#2. Council Member Smith seconded the motion. The width of sidewalks was discussed. Council Member Fliflet does not support taking more land from landowners. MOTIONPASSED 4-1(Fliflet-Nay). Area B: MOTION.Mayor Pearson moved TO ADOPT PROJECT AREA B AS SHOWN(OPTION#3). Council Member Smith seconded the motion. MOTION PASSED 5--0 Area C: MOTION.-Council Member Smith moved TO ADOPT PROJECT AREA C. Mayor Pearson seconded the motion. MOTIONPASSED 4-1(Bloyer-Nay) Area D: Mayor Pearson wants to do it right if the City is going to do it. He believes Option #3 offers best safety and better snow removal option.It also offers the best visual features. Council Member Smith agrees. Mike Mazzara wants no sidewalks, but if there are going to be sidewalks, he is in favor of the 7' walk instead. Council Member Fliflet supports the 7ft sidewalk because it would have less impact on landowners. Council Member Bloyer opposed to sidewalks,but if it is going to be done,it should be done right. Page 4 of 5 LAKE ELMO CITY COUNCIL MINUTES APRIL 21,2015 MOTION. Council Member Bloyer moved TO ADOPT PROJECT AREA D OPTION #3. Council Member Smith seconded the motion. ROW acquisition was further explained.The City would have to purchase RONX'with either wall!option. MOTIONPASSED 3 2(FA l'et/Lundgren—Nay) Meeting recessed at 10.57pm.Meeting reconvened at 11.Ol pm. !TEN!zA. RECONSIDERATION OF 14 GONINIrTTEE= S TGNNIIEPNT Pulled from agenda byrequestor Council Member Bloyer. ITEM 15: FINANCE COMMITTEE APPOINTMENT Finance Committee recommends appointing applicant Marilyn Banister to the Committee. She spent 20 years as City's finance director. MOTION.-Council Member F4 flet moved TO APPOINT Mel"LYN BANISTER TO THE LAKE ELMO FINANCE COMMITTEE. Council Member Lund gnen.seconded the motion. MOTIONPASSED 5-0. ITEM 16:THIRD PARTY REVIEW OF FINANCES DISCUSSION Mayor Pearson and Council Member Bloyer are in favor of having outside party do this work in order to free up staff time for other issues. Council Member Smith would like a party other than Northland Securities do the work. Council Member Fliflet opposed to this as she does not think this is needed.The Council discussed what actually is being proposed.The previous Committee actions and position on the item were discussed. MOTION. Mayor Pearson moved TO SEND ITEM BACK TO FINANCE COMMITTEE AND ALLOW THE COMMITTEE TO DECIDE IF IT IS NEEDED. Council Member Bloyer seconded the motion. MOTIONFAILED 2-3(Smith/FAAvt/Lundgren—Nay). Tammy Malmquist, 8549 Ironwood Trail spoke about residents being tired of council behavior. She urged Council to conduct business respectfully. It appears that there is stuff to hide. STAFF REPORTS &ANNOUNCEMENTS: City Administrator Zuleger:The City of Pound,WI has offered to purchase.City's old aerial fire truck;park- commission meeting;working with east metro water commission. City Clerk Bell:Local Board of Appeals and Equalization will meet tomorrow night April 22nd at 5:00pm in council chambers. City Finance Director Bendel:Left room prior to reports. City Attorney Brekken:No report. Community Development Director Blatt: Inwood final plat will be coming to Council at next meeting; MAC plan will be brought back in June. City Engineer Griffin: 39th street and sewer project is progressing. Mayor Pearson Adjourned the meeting at 11.29pm. LAKE ELMO CITY COUNCIL ATTEST: Mike Pearson,Mayor Adam R.Bell,City Clerk Page 5 of 5 'rHE Crry or- LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 PRESENTATION ITEM# 2 PRESENTATIONS AGENDA ITEM: Conditional Job Offer to New Recruits, Jeremy Penman, Brandan Peltier and Neil Fredrickson. SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: City Administrator, Dean Zuleger REVIEWED BY: City Administrator, Dean Zuleger SUGGESTED ORDER OF BUSINESS: - Introduction of Item............................................................................Fire Chief - Report/Presentation...........................................................Fire Chief Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: Hiring process of fire department. FISCAL IMPACT: Additional members on the payroll. Possible reimbursement to MBFTE if applicants does not successfully complete FFU11 training. SUMMARY AND ACTION REQUESTED: Jeremy Penman, Brandan Peltier and Neil Fredrickson have completed the hiring process requirements to date. They have attended 3 dept training drills, completed a background check, successfully completed the dept. Ability Test as well as the interview process. Council is being asked to approve the next phase of the hiring process which is for the candidates to successfully complete a Pre-Placement physical exam and Psychological exam. Upon completion of these requirements, the applicants will be placed on Probation Status as Probationary Firefighters and begin their training. LEGISLATIVE HISTORY: Established hiring process of the fire department. BACKGROUND INFORMATION (SWOT): --page 1 -- City Council Meeting [Presentation.Agenda Item 2] May 19,2015 Strengths New recruits to help us achieve a full roster. Weaknesses Possibly "wash out" before completion of probationary period and dept. would be responsible to reimburse the MBFTE Opportunities Long term Firefighter to serve the community. Threats Retention RECOMMENDATION: MOTION to approve a Conditional Job Offer to New Recruits Jeremy Penman, Brandan Peltier and Neil Fredrickson pending the outcome of their Pre-Placement Physical Exams and Psychological Exams. -- page? -- TFIB CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19,2015 PRESENTATION ITEM # 2 OATH OF OFFICE AGENDA ITEM: Fire Department—New Officer SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: City Administrator, Dean Zuleger REVIEWED BY: City Administrator, Dean Zuleger SUGGESTED ORDER OF BUSINESS: - Introduction of Item............................................................................Fire Chief - Report/Presentation...........................................................Fire Chief Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor & City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: Fire Department Officer Structure FISCAL IMPACT: No increase. Continuation of current Officer pay. SUMMARY AND ACTION REQUESTED: As part of our recent officer restructuring, the Lieutenants positions were created. These positions are one year terms with a maximum of two years in the position. The purpose of this is to allow Firefighters the opportunity to experience being in a supervisory role as a line officer without the long term commitment and cost of training. This position will also allow us to create a pool of potential officer candidates as we move forward, LEGISLATIVE HISTORY: Restructuring of officer positions. Creation of the Lieutenants position as a"Jr. Officer"position to explore the potential of future officer candidates. BACKGROUND INFORMATION (SWOT): Strengths Lieutenants positions will build a better prepared and trained officer program. Support the Station Captains. --page 1 -- City Council Meeting [Presentation Agenda Item 2] May 19,2015 Weaknesses Turnover and ongoing hiring process. Opportunities Greater opportunities for personnel to try officer role with minimal commitment. Threats Adjusting to new roles and responsibilities. Adjusting to Lieutenants role at emergency scenes. RECOMMENDATION: Recognition of, Oath of Office and pinning of new officer in the fire department Station#1 Lieutenant—Alex Hilpisch --page 2-- Tl I CITY Of LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 PRESENTATION ITEM # 3 AGENDA ITEM: Trunk Highway 5 Turn-back—Resolution of Support SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Adam Bell, City Clerk Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS: Introduction of Item..........................................................................City Administrator - Report/Presentation.........................................................Washington County - Questions from Council to Staff/County............................................Mayor Facilitates - Public Input, if Appropriate...................................................Mayor Facilitates - Call for Motion...........................................................................Mayor&City Council Discussion...................................................................................Mayor&City Council - Action on Motion................................................................................Mayor Facilitates POLICY RECOMMENDER: Administration/Engineering. FISCAL IMPACT: None. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a resolution of support that provides Municipal Concurrence for the jurisdictional transfer of Trunk Highway 5 from MnDOT to Washington County. The recormnended motion for this action is as follows: "Move to approve Resohition No. 2015-35 providing Municipal Concurrence for the jurisdictional transfer of Trunk Highway 5 from MnDOT to Washington County." LEGISLATIVE HISTORYBACKGROUND INFORMATION: Washington County representatives will make a presentation to the City Council regarding the Trunk Highway 5 jurisdictional transfer from MnDOT to Washington County. --page 1 -- City Council Meeting [Presentation Agenda Item 3] May 19,2015 RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2015-35, providing Municipal Concurrence for the jurisdictional transfer of Trunk Highway 5 from MnDOT to Washington County. The recommended motion for this action is as follows: "Move to approve Resolution No. 2015-35 providing Municipal Concurrence for the jurisdictional transfer of Trunk Highway 5 from MnDOT to Washington County." ATTACHMENT(S): 1. Resolution No. 2015-35. --page 2-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-35 MUNICIPAL CONCURRING RESOLUTION TRUNK HIGHWAY 5 JURISDICTIONAL TRANSFER FROM MNDOT TO WASHINGTON COUNTY WHEREAS, Trunk Highway 5 (TH 5) is an east west arterial roadway, traversing Washington County, between TH 120 (Century Avenue) and TH 36 (601h Street North) and under the jurisdiction of the Minnesota Department of Transportation, and WHEREAS, The Minnesota Department of Transportation (MnDOT) has determined the best jurisdiction for Trunk Highway 5 is as a County State Aid Highway, and WHEREAS, the 2010 Washington County (County) Comprehensive Plan identified Trunk Highway 5 as future County State Aid Route, and WHEREAS, MnDOT and the County have agreed upon terms to transfer the jurisdiction of TH 5 to Washington County, and WHEREAS, after the transfer, TH 5 will become a County State Aid Highway within the corporate limits of City of Lake Elmo, and WHEREAS, this jurisdictional transfer of TH 5 from MnDOT to Washington County will occur on or before June 301h, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the jurisdictional transfer of TH 5 from MnDOT to Washington County, and the subsequent designation of the route as a County State Aid Highway located within the City Limits is in all things approved. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF MAY 2015. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Adam Bell, City Clerk Resolution No. 2015-35 1 TI 16 CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM #5 MOTION AGENDA ITEM: Approve Disbursements in the amount of$734,757.81 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion...............................................................Mayor& City Council Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $734,757.81 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$734,757.81. 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 5] May 19,2015 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim# Amount Description ACH $ 12,951.14 Payroll Taxes to IRS & MN Dept of Revenue 5/14/2015 ACH $ 6,196.24 Payroll Retirement to PERA 5/14/2015 DD6195-DD6241 $ 35,759.41 Payroll Dated (Direct Deposits) 5/14/15 42773 $ 23.89 Payroll Dated 5/14/2015 42774-42829 $ 679,647.13 Accounts Payable 5/19/2015 2728-2730 $ 180.00 Library Card Reimbursement 5/19/2015 TOTAL $ 734,757.81 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 $734,757.81. ATTACHMENTS: 1. Accounts Payable—check registers --page 2-- .a L 0. a v z z z z z z z z c d h 1 u < < C C o v� rn L L L h O _ nJ• •� rn O C, Gl F G O G G G t`v N N N N N N N N P C. O O O O O O C 00 cc C Ci G: O O O O O C N p can m v C C h p C h �.D ^ V en r x M M K M r. F c F F O G '9 M �, kr, 7 .. OU bL r Gj CZ! 0N N CN G C� cV � �• r Y =! � � c mkn tr. 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'3' v'r M, �+•, � � rr, C' r., v': C• C v, LrJ rr, v, tr, ,•'. v, Q v 'G < <7 7 7 'S �,' C' / | / u k cw & � S � # | � . | � [ � | . \ � f � « ( \ [ \ � [ � \ ® = 22 tn � — \ } � � \ - | \ s f / [ i - _ t = Q \ S . } ! . � t 2 � ƒ � & _ | - a | ± 2 ) � . � | < / R % / ! , \ § � Q p E2 ® - 2 / / b = \ ° ( } _ E 14 (4 � / THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM #6 MOTION AGENDA ITEM: April 2015 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Finance Committee SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the April 2015 Financial Reporting Packet. No specific motion is needed as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct norinal business operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find the comparative financial statements for the month of April 2015 reflecting the monthly and year to date detail, comparing the actual results to the 2015 Budget. --page 1 -- City Council Meeting [Consent Agenda Item#6] May 19,2015 GENERAL FUND: Revenues: Total revenue for the month was 6% below the budget for the month bringing the year to date total revenue to 19.5% below budget. The most significant budget to actual revenue variances are as follows: • Building Permit revenue was 32%below budget for the month and 49%below budget on a year to date basis. The budget was compiled for the full year only and the amount shown for the month of April is 1/12`h of the total budgeted for the year. This represents 8 new home starts in April compared to the budgeted 11 new home starts per month. The year to date new home starts is at 20, of which 3 were open space new homes. The 2015 budget did not include any open space new homes. • Sewer Permit revenue for the month was 100% below budget due to there being no new sewer permits in the month of April. • Utility Permit revenue for the month was significantly above budget due to the new development activity generating more permit revenue than budgeted. • Zoning and permit revenue was 100% above budget due to the budget for April being zero. • Fine revenue for the month was 21%better than budget. This is primarily due to the fine activity ramping up in the spring as mentioned last month. Expenses: Total expenses for the month were 12.8%more than budgeted bringing the year to date expenses to 6.6%less than budget. All departments continue to manage to the bottom line. The following summarizes variances of note: General: 1. YTD - The Liability and Auto insurance budgeted in February was paid in April as mentioned last month. • Mayor and Council — As mentioned previously, the year to date amount in Dues and Subscriptions represents the 2015 portion of the League of MN Cities annual dues as well as the annual contribution of$5,000 made to the Youth Services Bureau in January for 2015. These amounts were spread out in the budget so the expense will catch up during the year. --page 2-- City Council Meeting [Consent Agenda Item#6] May 19,2015 • Prosecution legal expenses are 12%higher than budget for the month and the majority of the cost increase is covered by the increase in fine revenue mentioned earlier. • Building Inspection— The building inspection expenses are 41.6% below budget for the month due to the building permit volume being below the level anticipated in the plan. As a result, the contracted inspector continues to be utilized until the permit volume ramp up to a level justifying a staff addition. • Sand & Salt—Due to better weather in March, there was no salt expense for the month of March. It appears the harsh weather is over and it appears the remaining budgeted amounts will suffice for the fall demands. In summary, as discussed during the 2015 budget process, expenses are being closely monitored until the development ramps up to cover growth driven expenses. Although the net income for the month was 20.4% below budget, this is primarily a result of timing issues. Even with this, year to date actual expenses are within 1% of budget due to everyone managing to the bottom line. LIBRARY FUND: Revenues: Revenues for the month and year to date are right at budget. Expenses: Expenses for the month of April were 20.9% less than budget primarily due to not spending as much on library collection maintenance as budgeted. On a year to date basis, expenses were 19.7%less than budget. The ending April cash balance in the library fund is $146.4k. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached April Financial Report. ATTACHMENT: 1. April Financial Reports --page 3 -- o -t -i •-I -t -1 ^I ^i m .y - 6 3 0 0 D o rn ° Ln y c p 3 c c W c o io O U'J W J N W W VI U 00 Ut ut N W J O A � � C J 0p0 C L� W LJ C J O N 00 _N O� pAp O _W V W V N O O 00 W N O �o W {W/� O O) J N C O� U� t ni S� O O O O O C O O O O C O O O O O O O e i. J C QD O ut VI N �0 00 00 OO UI tl� � (A V� D. 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O O O J O y U W 'ry+ � 0 0 0 0 0 0 s iA OOO p ppp p O C to OTOO C•V' ' COt Gt Cl CG W IJ G N W Go 00 G GGO W S O Ot OO W 0 0 -"J t0 w 0 0 0 0 0 4 0 N < V O �F W e_n ,'7 a. 5 o ^ t! < O 0 a '•'+ `� 5• 0. afi a ts = > z c ry o a ° a n O � o n 9a v' 13 2 O Ti I CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM 7 AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Kyle Klatt, Planning Director SUGGESTED ORDER OF BUSINESS: Introduction of Item.............................................................. City Administrator - Report/Presentation................................................City Administrator Questions from Council to Staff..............................................Mayor Facilitates - Call for Motion............................................................... Mayor& City Council Discussion....................................................................... Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through April, 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 20 6 11 Total valuation $7,551,994 $3,912,800 $4,796,742 Average home value 377,599 652,000 436,000 Total Valuation YTD 10,760,747 5,721,971 6,383,967 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the April, 2015 monthly new home building permit report. --page 1 -- THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM# 8 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item.............................................................. City Administrator - Report/Presentation................................................City Administrator Questions from Council to Staff..............................................Mayor Facilitates - Call for Motion............................................................... Mayor& City Council - Discussion....................................................................... Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through April 2015 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is reconunended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Property splits/plats—0 Sales collected and viewed— I 1 Taxpayer inquiries— 16 Miscellaneous inquiries - 7 Inspections—Residential—9; Commercial—3 Building pen-nit reviews—26 Pictures taken— 8 Other work performed included: • Receiving valuation related phone calls/inspecting properties --page 1 -- City Council Meeting [Consent Agenda Item#8] May 19,2015 • 2015 LBAE Meeting on 4/22/15 >4 reviews during meeting; 3 in person and 1 appeal via letter Activity prior to/related to meeting: >33 Telephone/email inquiries >53 Maintenance changes approved >44 Land value corrections >9 Building/land adjustments • Inspection of all exempt properties in the City • Printing of residential field cards for the 2016 quintile(Sections 10 thru 13) • Monthly meeting with County residential and commercial supervisors • Input of all inspection and permit work • Perform sales verifications and land value analysis using MLS and other resources • Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the April 2015 monthly assessor report. --page 2-- TI I CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM # 9 AGENDA ITEM: 39" Street North: Street and Sanitary Sewer Improvements—Pay Request No. 4 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the ConsentAgenda): Questions from Council to Staff............................................. Mayor Facilitates - Public Input, if Appropriate........................................Mayor Facilitates - Call for Motion...............................................................Mayor& City Council Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Partial payment is proposed in accordance with the approved Contract and change orders for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 4 for the 39`I' Street North: Street and Sanitary Sewer Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 4 to Geislinger & Sons Inc. in the amount of$526,866.15 for the 39`h Street North:Street and Sanitary Sewer Improvements': --page 1 -- City Council Meeting [Consent Agenda Item 9] May 19,2015 LEGISLATIVE HISTORYBACKGROUND INFORMATION: Geislinger & Sons Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 4 in the amount of$526,866.15. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $87,184.68. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 4 for the 39th Street North: Street and Sanitary Sewer Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 4 to Geislinger&Sons Inc. in the amount of$526,866.15, for the 39th Street North:Street and Sanitary Sewer Improvements". ATTACHMENT(S): 1. Partial Pay Estimate No. 4 --page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 4 FOCUS ENGINEERING, inc. 39TH ST N:STREET AND SANITARY SEWER IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO.2014.131 FROM 12/1/2014 TO 5/8/2015 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO GEISLINGER&SONS,INC. 3800 LAVERNE AVENUE NORTH 511 CENTRAL AVE S,PO BOX 437 LAKE ELMO,MN 55042 WATKINS,MINNESOTA 55389 ATTN:JACK GRIFFIN,CITY ENGINEER ATTN:GARY LUEBBEN, PROJECT MANAGER CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No Approval Amount 1.Original Contract Amount $1,760,458.80 Date Additions Deductions 2.Net Change Order Sum $315,064.00 1 9/16/2014 $118,975.00 3.Revised Contract(1+2) $2,075,522.80 2 2/3/2015 $22,214.00 4.*Work Completed $1,743,693.64 3 2/24/2015 $19,435.00 5.*Stored Materials $0.00 4 4/7/2015 $154,440.00 6.Subtotal(4+5) $1,743,693.64 7.Retainage* 5.0% $87,184.68 8.Previous Payments $1,129,642.81 TOTALS $315,064.00 $0.00 9.Amount Due(6-7-8) $526,866.15 NET CHANGE $315,064.00 *Detailed Breakdown Attached CONTRACT TI M E START DATE: 9/2/2014 ORIGINAL DAYS 347 ON SCHEDULE SUBSTANTIAL COMPLETION: 6/30/2015 REVISED DAYS 0 YES FINAL COMPLETION: 8/15/2025 REMAINING 99 NO E] ENGINEER'S CERTIFICATION: FOCUS Engineering,inc. The undersigned certifies that the work has been reviewed and to the IC best of their knowledge and belief,the quantities shown in this lJ _—� estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. 5/11/2015 DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge,information and belief the work covered by this payment �1` �-� estimate has been completed in accordance with the contract By documents,that all amounts have been paid by the contractor for s /r ZO/ work for which previous payment estimates was issued and payments DATE received from the owner,and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY BY DATE DATE FOCUS Engineering,inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 4 '` �` 39TH ST N:STREET AND SANITARY SEWER IMPROVEMENTS FOCUS ENGINEERING, Inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2014.131 CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PART 1-SANITARY SEWER 1 8"PVC SANITARY SEWER,SDR 26,20'-25'DEEP LF 62 $125.00 $7,750.00 0 $0.00 153,00 $19,125.D0 2 10"PVC SANITARY SEWER,SDR 26,15'-20-DEEP LF 1,025 $87.00 $89,175.00 0 $0.00 1,054,00 $91,698.00 3 10"PVC SANITARY SEWER,SDR 26,20'-25'DEEP LF 315 $89.00 $29,035.00 0 $0.00 294 $25,276.00 4 12"PVC SANITARY SEWER,SDR 26,15'-20'DEEP LF 500 $92.00 $46,DDO.00 0 $0.00 495 $45,540.00 5 12"PVC SANITARY SEWER,SDR 26,20'-25'DEEP LF 630 $94.00 $59,220.00 0 $0.00 632 $59,408.00 6 10"PVC SANITARY SEWER,SDR 26,IN CASING LF 100 $40.00 $4,OOD.00 0 $0.00 100 $4,D00.D0 7 12"PVC SANITARY SEWER,SDR 26,IN CASING LF 120 $45.00 $5,40D.00 0 $O.00 120 $5,400.00 8 20"STEEL CASING PIPE()ACK/AUGEREDI LF 100 $525.00 $52,500.00 0 $0.00 100 $52,500.00 9 24"STEEL CASING PIPE()ACK/AUGEREDI LF 120 $53S.00 $64,200.00 0 $0.00 120 $64,200.00 10 PIPE FOUNDATION ROCK LF 1,400 $0.10 $140.00 0 $0.00 118 $11.80 11 TELEVISING LF 2,850 $2.00 $S,7011.00 0 $0.00 0 $0.00 12 4'DIAMETER SANITARY SEWER MH EA 12 $3,000.00 $36,OOD.00 0 $0.00 12 $36,WO.00 13 4'DIAMETER EXCESS MANHOLE DEPTH LF 140 $125.00 $17,500.00 0 $0.00 117.7 $14,712.50 14 10"X6"PVC WYE,SDR 26 EA 6 $400.00 $2,400.00 0 $0.00 6 $2,400.00 15 12"16"PVC WYE,SDR 26 EA 4 $460.00 $1,840.00 0 S0.00 6 $2,760.00 16 6"PVC SCH 40 SANITARY SEWER RISER LF 85 $35.00 $2,975.00 0 $0.00 118 $4,130.00 17 6"PVC SCH 40 SANITARY SEWER SERVICE LF 400 $32.00 $12,800.00 0 $0.00 389 $12,448.00 18 PRECAST CONCRETE JERSEY BARRIERS AT HIGHWAY 5 JACKING PITS IS 1 $4,500.00 $4,500.00 0 $0.00 1 $4,500.00 19 PRECAST CONCRETE JERSEY BARRIERS AT HIGHWAY 17 JACKING PITS LS 1 $4,500.00 $4,500.00 0 $0.00 1 $4,500.00 20 CROSS EXISTING WATER SERVICE EA 7 $450.00 $3,150.01) 0 $0.00 7 $3,150.00 21 EXPLORATORY DIGGING HR 5 $500.00 $2,500.00 0 $0.00 0 $0.00 SUBTOTAL-PART 1 $450,285.00 $0.00 $451,759.30 PART 2-WATERMAIN 1 TEMPORARY WATER SYSTEM LS 1 $1,500.00 $1,500.00 0 $0.00 1 $1,500.00 2 CONNECT TO EXISTING 6"WATER MAIN EA 3 $900.00 $2,700.00 0 $0.00 1 $900.00 3 CONNECT TO EXISTING 8"WATER MAIN EA 1 $950.00 $950.00 0 $0.00 1 $950.00 4 CUT IN 8'X 8"TEE EA 1 $2,600,00 $2,600.00 0 $0.00 0 $OOD 5 REMOVE AND DISPOSE OF EXISTING GATE VALVE&BOX EA 3 $1,500.00 $4,500.00 0 $0.00 0 $OAO 6 REMOVE AND REPLACE 6"GATE VALVE&BOX EA 4 $3,400.00 $13,600.00 0 $0.00 4 $13,6000D 7 REMOVE AND REPLACE 8"GATE VALVE&BOX EA 11 $3,900.00 $42,900.00 0 $0.00 10 $39,000.00 8 REMOVE AND DISPOSE OF EXISTING HYDRANT EA 5 $760.00 $3,900.00 0 $0.00 3 $2,280.01) 9 6"DIP CL 52 WATER MAIN LF 70 $46.00 $3,220.00 0 $0.00 30.5 $1,403.00 10 8"DIP CL 52 WATER MAIN LF 30 $53.00 $1,590.00 0 $0.00 88 $4,664.00 11 6"GATE VALVE AND BOX EA 4 $1,450.00 $5,80(100 0 $0.00 1 $1,45OOD 12 HYDRANT EA 5 $4,D00.00 $20,000.00 0 50.00 3 $12,000.00 13 VALVE BOX EXTENSION IF 2 $260.00 $520.00 0 $0.00 0 $0.00 14 HYDRANT EXTENSION LF 1 $600.00 $600.00 0 $0.00 0 SOOO 15 DUCTILE IRON FITTINGS LB 100 $10.00 $1,000.00 0 $0.00 94 $940.01) SUBTOTAL-PART 2 $105,280.00 $0.00 $78,687.00 PART 3-STORM SEWER 1 REMOVE AND DISPOSE OF EXISTING STORM SEWER IF 910 $1000 $9,100.00 0 $0.00 902 $9,020.00 2 REMOVE AND DISPOSE OF EXISTING STORM SEWER MANHOLE EA 8 $400.00 $3,200.00 0 $0.00 8 $3,2D0.00 3 POTHOLE EXISTING WATER MAIN EA 7 $450.00 $3,150.00 0 $0.00 7 $3,150.00 4 12"RCP STORM SEWER,CLASS 5 LF 70 $40.00 $2,800.00 0 $0.00 70 $2,80(100 5 15"RCP STORM SEWER,CLASS 5 LF 891 $42.00 $37,422.00 0 $0.00 891 $37,422.00 6 18"RCP STORM SEWER,CLASS 5 LF 236 $45.DD $10,620.00 D $0.00 236 $10,620.00 7 24"RCP STORM SEWER,CLASS 4 LF 369 $62.00 $22,878.00 0 $0.00 369 $22,878.00 8 12"RCP FLARED END SECTION INCLTRASH GUARD EA 2 $900.00 51,800.00 0 SO.00 2 $1,800.00 9 18"RCP FLARED END SECTION INCLTRASH GUARD EA 2 $1,050.00 $2,10ODO 0 $0.00 2 $2,100.00 10 24"RCP FLARED END SECTION MCL TRASH GUARD EA 1 $1,400.00 $1,400.00 0 $0.00 1 $1,400.00 11 RIP RAP,CLASS 3 CY 8 $115.00 $920.00 0 $0.00 0 $0.00 12 2'X3'CATCH BASIN EA 3 $2,100.00 $6,300.00 0 $0.00 3 $6,300.00 13 4'DIA CATCH BASIN/MANHOLE EA 5 $2,500.00 $12,500.00 0 $0.00 5 $12,500.00 14 5'DIA CATCH BASIN/MANHOLE EA 2 $3,600.00 $7,200.00 0 $0.00 2 $7,200.00 15 5'DIA CATCH BASIN/MANHOLE W/SUMP EA 1 $4,350.00 $4,350.00 0 $0.DO 1 $4,35ODO 16 BULKHEAD 15"RCP STORM SEWER EA 1 $125.00 $125.00 0 $0.00 1 $125.00 17 BULKHEAD 18"RCP STORM SEWER EA 1 $150.00 $150.00 0 $0.00 1 $150.00 18 BULKHEAD 36"RCP STORM SEWER EA 1 $225.00 $225.00 0 $0.00 1 $225.00 19 INLET PROTECTION EA 12 $175.00 $2,100.00 0 $0.00 3 $525.00 20 INSULATION SY 30 $30.00 $900.00 0 $0.00 24 5720.00 21 POND EXCAVATION(P) CY 420 $100) $4,200.00 0 $0.00 420 $4,200.00 22 INFILTRATION SWALE EXCAVATION(P) CY 675 $10.00 $6,750.00 0 $0.00 0 $0.00 23 SEED MIX 330 AND HYDROMULCH SY 1600 $2.75 $4,400AD 0 $O.OD 0 $0.00 SUBTOTAL-PARTS $144,590.00 $0.00 $130,685.00 PART 4-STREET IMPROVEMENTS 1 MOBILIZATION LS 1 $90,000.00 $90,000.00 0.00 $0.00 0.75 $67,500.00 2 TRAFFIC CONTROL LS 1 $9,000.00 $9,000.00 0.00 $0.00 0.75 $6,750.00 REM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 3 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 3 $1,200.00 $3,600.00 0.00 $0.00 1 $600.00 4 CLEAR AND GRUB TREES AND BRUSH LS 1 $4,500.00 $4,500.00 LOD $4,500.00 1 $4,500.00 5 TEMPORARY ACCESS GRADING LS 1 $2,000.00 $2,000.00 MOD $0.00 1 $2,000.00 6 TEMPORARY ACCESS AGGREGATE BASE CLASS 5 TN 60 $30.00 $1,80000 0.00 $0.00 60 $1,800.00 7 TEMPORARY ACCESS MAINTENANCE HR 10 $125.00 $1,250.00 0.00 $0.00 10 $1,250.00 8 REMOVE TEMPORARY ACCESS LS 1 $1,500.00 $1,500.00 0.00 $0.00 0 $(tDO 9 REMOVE AND DISPOSE OF EXISTING CONCRETE CURB AND GUTTER LF 290 $6.00 $1,740.DO 0.00 $0.00 290 $1,740.00 10 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT SY 9160 $2.00 $18,320.DO 0.00 $0.00 9,487 $18,974.00 11 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT(DRIVEWN SY 335 $4.00 $1,340.00 0,00 $0.00 300 $1,200.00 12 REMOVE AND DISPOSE OF EXISTING LIGHT BASE EA 4 $300.0D $1,200.00 0.01) $0.00 0 $0.00 13 SALVAGE AND REINSTALL SIGN EA 8 $200.00 $1,600.00 0.01) $0.00 0 $0.00 14 SALVAGE AND REINSTALL MAIL DROP80X EA 1 $250.00 $250.00 0.00 $0.00 0 $0.00 15 SALVAGE AND REINSTALL RETAINING WALL LS 1 $7,500.00 $7,500.D0 0.00 $0.00 0 $OAO 16 SAWCUT BITUMINOUS PAVEMENT LF 200 $3.00 $600.D0 O.00 $O.DO 200 $600.00 17 COMMON EXCAVATION(P) CY 7750 $9.00 $69,750.DO 387.00 $3,483.DO 7,750 $69,750.00 18 SUBGRADE CORRECTION(EV) CY 340 $12.00 $4,090.00 0.00 $0.00 216 $2,592.00 19 SUBGRADE PREPARATION RS 24.34 $465.00 $11,318.10 0,04 $18.60 24.34 $11,318.10 20 4"PERFORATED PVC DRAIN TILE WITH AGGREGATE AND WRAP LF 1000 $12.00 $12,ODO.00 0.00 $0.00 980 $11,760.00 21 AGGREGATE BASE CLASS 5 TN 6380 $10.50 $66,990.00 697.68 $7,325.64 6,380 $66,999.79 22 SELECT GRANULAR BORROW(P) CY 4090 $10.00 $40,9DO.00 0.00 $0.00 4,090 $40,9DO.00 23 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE(2,B)[SPWEA230E TN BOD $66.S0 $53,2DO.00 0.00 $0.D0 0 $0.00 24 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE(2,0)[SPNV TN 1335 $57.75 $77,096.25 0.00 $0.00 510 S29,452.50 25 BITUMINOUS MATERIAL FOR TACK COAT GAL 565 $2.00 $1,13M00 0.00 $0.00 25 $50.00 26 ADJUST MHCASTING-STEEL RING Q015) EA 12 WOOD $5,400.00 0.00 $0.00 0 $0.00 27 ADJUST VALVE BOX(20151 EA 20 $250.00 $5,ODO.00 0.00 50.00 D $B.00 28 B624 CONCRETE CURB AND GUTTER LF 4310 $10.77 $46,418.70 1,603.00 $17,264.31 4,465 $48,088.05 29 B612 CONCRETE CURB AND GUTTER LF 105 $14.80 $1554.00 43.00 $636.40 43 $636.40 30 CONCRETE PEDESTRIAN RAMP EA 12 S420.DU $5,040.00 2.00 $840.00 2 $940.00 31 5"CONCRETE SIDEWALK SF 13110 $3.50 $45,885,00 12,468.00 $43,638.00 12,468 $43,638.00 32 8"COMMERCIAL CONCRETE DRIVEWAY PAVEMENT(HIGH EARLY) SY 340 $70.00 $23,800.00 331.00 $23,170.00 331 $23,170.00 33 6"CONCRETE FLU ME SY 35 $50.00 $1,750.00 0.00 $0.00 0 $0.00 34 TRUNCATED DOME PANELS SF 168 $42.00 $7,056.00 28.00 $1,176.00 28 $1,176.00 35 BITUMINOUS DRIVEWAY PAVEMENT SY 105 $50.00 $5,250.00 0.00 50.00 0 $0.00 36 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE-TRAIL(2,B)[SPW TN 270 $65.00 $17,550.00 0.00 $0.00 0 $0.00 37 SODDING SY 5000 $4.25 $21,250.00 0.00 $0.00 0 $0.00 38 IMPORT AND PLACE TOPSOIL BORROW(CV) CY 500 $35.00 $17,500.00 0.00 S0.00 0 $0.00 39 SEED&EROSION CONTROL BLANKET SY 20DO $3.25 $6,500.00 0.00 $0.00 0 $0.00 40 SEED&HYDROMULCH SY 55OG $2.15 511,825.00 0.00 $0.00 0 $O.00 41 SILT FENCE,TYPE MACHINE SLICED LF IODO $L95 $1,950.00 0.00 $0.00 0 $0.00 42 SILT FENCE,TYPE FLOATING LF 30 $22.50 $675.00 0.00 $0.00 0 $0.00 43 DITCH CHECK-BIOROLL LF 2DO $5.75 $1,150.00 O.00 $0.00 30 $172.50 44 STREET SWEEPING HR 15 $125.00 $1,875.00 0.00 $0.00 0 $0.00 45 SIGN PANELS,TYPE C SF 6 $45.00 $281.25 0.00 $0.00 0 $0.00 46 4"DOUBLE SOLID YELLOW LINE,EPDXY LF 2270 $1.50 $3,405.00 0.00 $0.00 0 $0.00 47 4"SOLID WHITE LINE,EPDXY LF 110 $0.75 $82.50 0.00 $0.00 0 $0.00 48 RIGHT TURN ARROW,TAPE EA 1 $845.00 $945.00 0.00 S0.00 0 $0.00 SUBTOTAL-PART 4 $714,706.80 $102,051.95 $457,447.34 ALTERNATE NO.1-SANITARY SEWER SOUTH OF TH 5 1 CLEAR AND GRUB TREES AND BRUSH IS I $4,000.D0 $4,000.00 1 $4,0DO.00 1 $4,ODO.00 2 REMOVE AND DISPOSE OF EXISTING STORM SEWER LF 20 $10.00 $200.00 0 $0.00 0 $0.00 3 PATCH GRAVEL DRIVEWAY TN 200 $20.00 $4,000.00 0 $0.W 0 $0.00 4 18"CMP DRIVEWAY CULVERT LF 20 $45.DD $900.00 0 $0.00 0 $B.00 5 18"CMP FLARED END SECTION EA 2 $480.D0 $960.00 0 $0.00 0 $0.00 6 15"PVC SANITARY SEWER,SDR 26,15'-20'DEEP LF 625 $94.00 $58,750.00 249 $23,406.00 625 $58,750.00 7 15"PVC SANITARY SEWER,SDR 26,20'-25'DEEP LF 1255 $96.00 $120,480.00 1,080 $103,680.DD 1,255 $120,480.00 8 14"PVC SANITARY SEWER,C905 DR 25,IN CASING LF 164 $40.D0 $6,560.00 164 $6,560.D0 164 $6,560.00 9 14"PVC SANITARY SEWER,C905 DR 25,20'-25'DEEP LF 20 $76.DO $1,520.00 20 $1,52MOO 20 $1,520.00 10 28"STEELCASING PIPE[JACK/AUGERED) LF 164 $565.00 $92,660.00 60 $33,90O.DO 60 $33,900.00 11 PIPE FOUNDATION ROCK LF 1000 $0.01 $10.00 0 $0.DO 0 $0.00 12 TELEVISING LF 2061 $2.00 $4,122.00 0 $O.DO 0 $0.00 13 4'DIAMETER SANITARY SEWER MH EA 8 $3,200.00 $25,600.00 5 $16,000.00 8 $25,600.00 14 4'DIAMETER EXCESS MANHOLE DEPTH LF 115 5125.00 $14,375.00 68.6 $8,575.D0 109.2 $13,650.00 JS SOIL DECOMPACTION AC 5 $1,200.00 $6,000.00 0 $O.DO 0 S0.00 16 SILT FENCE,TYPE MACHINE SLICED LF 300 $1.95 $585.00 0 $0.00 0 $0,00 17 SEED AND BLANKET SY 1500 $3.25 $4,875.00 D $0.00 0 $0.00 SUBTOTAL-ALTERNATE NO.1 $345,597.00 $197,641.00 $264,460.00 TOTALS-BASE CONTRACT $1,760,458.80 $299,692.95 $1,383,038.64 CHANGE ORDER NO.1 C01-1 CONNECITO EXISTING 6"WATER MAIN EA -2.0 5900.00 -$1,800.00 0 $0.00 0 $0.00 COJ-2 CONNLCF TO EXISTING 8"WATER MAIN EA 2.0 $950.D0 $1,900.D0 0 $0.00 2 $1,900.00 COI-3 CONNECF TO EXISTING 16"WATER MAIN EA 1.0 $1,600.00 $1,600.00 0 $0.00 1 $1,600.00 C01.4 CUT IN B"X B"TEE EA -to $2,600.00 .$2,600.00 0 $0.00 0 $0.00 C01.5 REMOVE AND DISPOSE OF EXISTING 8"WATER MAIN LF 875.0 $6.00 $5,250.00 9 $54.00 884 $5,304.00 REM DESCRIPTION OF PAY REM UNIT CONTRACT THIS PERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT col-6 REMOVE AND DISPOSE OF EXISTING GATE VALVE&BOX EA 1.0 $1,500.00 $1,50D.00 0 $0.00 1 $1,500.00 001.7 16"DIP CL 51 WATER MAIN LF 875.0 $69.00 $60,375.00 0 $0.00 875 $60,375.00 001-8 8"GATE VALVE AND BOX EA 2.0 $1,700.00 $3,40D.00 0 $0.00 2 $3,400.00 COI-9 16"BUTTERFLY VALVE AND BOX EA 2.0 $3,000.00 $6,000.00 0 $0.00 2 $6,000.00 C01-10 DUCTILE IRON FITTINGS LB 2,680.0 $10.00 $26,800.00 0 $0.00 7.5?5 $25,250.00 C01-11 8"DIP CL 52 WATER MAIN LF 10.0 $53.00 $530.00 0 $0.00 9 $477.00 C01-12 10"HDPE DR 11 WATERMAIN INSTALLED BY DIRECTIONAL DRILL LF 90.0 $178.00 $16,020.00 0 $0.00 0 $0.00 TOTALS-CHANGE ORDER NO.1 $118,975.00 $54.00 $105,So6.00 CHANGE ORDER NO.2 -2.1 MANHOLE CORE DRILL LS 1.0 $3,825.00 $3,825.00 T 1 $3,825.00 1 $3,825.00 CO2-2 GEOTE101LE FABRIC SY 9,940.0 $1.85 $18,389.00 9,940 $18,389.00 9,940 $18,389.00 TOTALS-CHANGE ORDER NO.2 $22,214.00 $22,214.00 $22,214.00 CHANGE ORDER NO.3 CO3-1 30-INCH CASING PIPE-PIPE HAMMER IS LO $19,435.00 $19,435.00 1 $19,435.00 1 $19,435.00 TOTALS-CHANGE ORDER NO.3 $19,435.00 $19,435.00 $19,435.00 CHANGE ORDER NO.4 C04.1 484NCH CASING PIPE LFLF 164.0 $1,300.00 $213,200.00 164 $213,200.00 164 $213,200.00 C04-2 DEDUCT 2&INCH CASING PIPE(NOT INSTALLED) -104.0 $565.00 -$58,760.00 0 $0.00 0 $0.00 TOTALS-CHANGE ORDER NO.4 $154,440.00 $213,200.00 $213,200.00 TOTALS-REVISED CONTRACT $ZO75,522.80 $554,595.95 $1,743,693.64 THE CITY OF (f LAKE ELMO MAYOR.._4� OR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM# 10 AGENDA ITEM: 2015 Seal Coat Project—Accept Bids and Award Contract SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS(ifremoved from the ConsentArenda): Questions from Council to Staff.........................................................Mayor Facilitates - Public Input,if Appropriate................................................ Mayor Facilitates - Call for Motion...........................................................................Mayor&City Council Discussion......................................................................Mayor&City Council Action on Motion................................................................................Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL E%IPACT: $143,866.80. As itemized in this report below the total post-bid project cost for the 2015 Seal Coat Project is $149,366.80 to be paid through the General Fund (Fund No. 101430-312042250). The project was authorized by the City Council on February 24,2015 in the amount of$155,000. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider accepting contractor bids and awarding a contract for the 2015 Seal Coat Project. If pulled from consent, the recommended motion for this action is as follows: "Move to approve Resolution No. 2015-36 Accepting the Bids and Awarding a Contract to Pearson Bros.,Inc. in the amount of$200,049.52 for the 2015 Seal Coat Project,which includes the alternate bid for Lake Elmo in the amount of$143,866.80 and the base bid for West Lakeland in the amount of$56,182.72." --page 1 -- City Council Meeting [Consent Agenda Item 10] May 19,2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Bids were received, publicly opened, and read aloud on May 7, 2015. FOCUS Engineering, Inc. has prepared and attached the Tabulation of Bids and a Letter of Recommendation for the award of the contract. The City received two (2)bids for this project,with Pearson Bros.,Inc.providing the lowest bid amount of$1.21 per square yard for the base bid and $1.32 per square yard for the alternate bid. The Engineer's post-design construction cost estimate for the base bid was $1.25 per square yard and $1.35 per square yard for the alternate bid. This project will be completed jointly with West Lakeland Township with the Township reimbursing Lake Elmo their portion of the construction cost; with West Lakeland at $56,182.72 (28.1%). West Lakeland will also pay Lake Elmo $3,000 for engineering and administration fees once the Lake Elmo City Council accepts the bids and awards the construction contract. Construction observation services will be contracted directly by each jurisdiction for the work performed on their streets. The post-bid construction estimate for Lake Elmo is $143,866.80 (71.9%) for the alternate bid, which includes higher performing asphalt (CRS-2P) to provide a better product and to reduce resident complaints. The total engineering design,bidding and construction services is estimated to be $8,500 less $3,000 to be reimbursed by West Lakeland Township. The Lake Elmo total project cost is therefore estimated to be$149,366.80. RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2015-36, thereby accepting the bids and awarding a Contract to Pearson Bros., Inc. If pulled from consent, the recommended motion for this action is as follows: "Move to approve Resolution No. 2015-36 Accepting the Bids and Awarding a Contract to Pearson Bros.,Inc. in the amount of$200,049.52 for the 2015 Seal Coat Project; which includes the alternate bid for Lake Elmo in the amount of$143,866.80 and the base bid for West Lakeland in the amount of$56,182.72." ATTACHMENT(S): 1. Resolution No. 2015-36. 2. Engineer's Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. --page 2-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-36 A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE 2015 SEAL COAT PROJECT WHEREAS, pursuant to an advertisement for bids for the 2015 Seal Coat Project, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Pearson Brothers, Inc., in the amount of $200,049.52. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF MAY 2015. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Adam Bell City Clerk Resolution No. 2015-36 1 FOCUSENGINEERING, inc. Cara Geheren,P.E. 651.300.4261 Jack Griffin,P.E. 651.300.4264 Ryan Stempski,P.E. 651.300.4267 May 19, 2015 Chad Isakson,P.E. 651.300.4283 Honorable Mayor and City Council City of Lake Elmo, Minnesota 2015 Seal Coat Project City of Lake Elmo, Minnesota FOCUS Project No.2015.117 Dear Mayor and City Council: Bids for the 2015 Seal Coat Project were received on May 7, 2015, at 3:00 PM with the following results: Contractor Base Bid Alternate Bid Pearson Bros., Inc. City of Lake Elmo $131,877.90 $143,866.80 West Lakeland Township $56,182.72 $61,290.24 TOTAL: $188,060.62 $205,157.04 Allied Blacktop Co. City of Lake Elmo $140,597.10 $151,496.10 West Lakeland Township $59,897.28 $64,540.48 TOTAL: $200,494.38 $216,036.58 A complete Tabulation of Bids is enclosed for your information. We recommend that you award the Contract to the lowest responsible bidder, Pearson Brothers, Inc. in the total amount of$200,049.52 for their alternate bid to Lake Elmo in the amount of$143,866.80; and base bid for West Lakeland in the amount of$56,182.72. Please contact me with any questions you may have. Sin y, Ryan . 2t�:::— Stem ski, Project Engineer Enclosure cc: Jack Griffin, City Engineer } 8 < } j � � k \ \ � § \ \ Li < \ \ \ ® L \ - � z LU LU \ §\ \ \ \ \ j \ \ } } z - 3 - - 2 Zi _ \ _ § Li # � k \ } G § / - ) \ LL a e Ci ) In§ ) i e } / K10 § § / q k ( § § § § ( . k k k k A a § a \ \ § k \ \ 2 § %§ § § 22 §j k � z ��~ § 02 t2 § §Q k ] Aa§ & \ 2a � - � CITY OF LAKE ELMO 2015 SEAL COAT PROJECT PROJECT NO.2015.117 PROJECT SCHEDULE February 24, 2015 Council orders preparation of Plans and Specifications. April 7, 2015 Presentation of Plans and Specifications. Council Approves Plans and Specifications and Orders Advertisement for Bids. April 10, 2015 Placement of Advertisement for Bids. —Oakdale-Lake Elmo Review. Publication on April 15 —Quest CDN. Publication on April 8 May 7, 2015 Receive Contractor bids. May 19, 2015 City Council accepts bids and awards Contract. May 22, 2015 Process and send out Contract Documents. June 11, 2015 Receipt of Contractor's Bonds/Legal Review. June 16, 2015 Conduct Pre-Construction Meeting and Issue Notice to Proceed. June 17, 2015 Contractor begins Work. July 17, 2015 Substantial Completion of Work (including sweeping of excess aggregate). August 31, 2015 Final Completion of Work (including Punchlist and final documentation). TI IG CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM# 11 AGENDA ITEM: 2015 Bi-annual Payments to City Council SUBMITTED BY: Council Member Smith THROUGH: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item.............................................................. City Administrator - Report/Presentation................................................City Administrator Questions from Council to Staff..............................................Mayor Facilitates - Call for Motion............................................................... Mayor& City Council Discussion....................................................................... Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve the processing dates for the payment of the 2015 salaries to the City Council. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Per the Lake Elmo City ordinance, the payment of salaries to the City Council shall be "paid semi- annually, or more frequently, as directed by the Council." Historically, the salaries for the City Council have been paid in June and December. Since the salaries are processed through the payroll system, the Finance Director would ask the Mayor which payroll cycle in each of those months he(as the department head) would approve them to be paid. The previous Mayor approved paying of the City Council on the first payroll cycle of each of the months mentioned. It needs to be noted that in the past there was no second meeting in December. The current Mayor's preference is to pay after all time has been served for which the compensation is covering; thus the payment's being processed with the second payroll cycle in each of those months. --page 1 -- City Council Meeting [Consent Agenda Item#111 May 19,2015 Occasionally in the past a City Council member would request the bi-annual payments to be paid earlier than planned, in which case the payments were made earlier (ie: 1" installment for 2014 was paid on the 5/29/14 payroll run). RECOMMENDATION: Based on the aforementioned, it has been requested that the bi-annual compensation payments for 2015 to the City Council be made on the first payroll cycle in the months of June and December for 2015 (June 11, 2015 and December 10, 2015). This will provide clear expectations for the City Council as well as the payroll processing staff. ATTACHMENT 1. Lake Elmo Code §31.09 on Payment of Salaries --page 2 -- CHAPTER 31: CITY OFFICIALS Page 1 of 1 Lake Elmo, MN Code of Ordinances §31.09 PAYMENT OF SALARIES. The salaries provided by §§ 31.01 et seq. shall be paid semi-annually, or more frequently, as directed by the Council. (1997 Code, § 200.01) http://www.amlegal.com/alpscripts/get-content.aspx 5/15/2015 LTHE OF TY AKE IELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM# 12 AGENDA ITEM: Easement Encroachment Agreement—5500 Hilltop Ave SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase, Building Official Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS(if removed from consent agenda): Introduction of Item.....................................................................................Staff - Report/Presentation...........................................................................Staff - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor&City Council Discussion.......................................................................Mayor&City Council - Action on Motion....................................................................Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the encroachment agreement for John & Nancy Olker at 5500 Hilltop Avenue N as part of tonight's consent agenda. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of an easement encroachment agreement. The City has received a request to install a fence within a drainage and utility easement area at 5500 Hilltop Avenue from John & Nancy Olker. Approval of the requested improvement within the City's drainage and utility easements would allow the property owners to construct the requested improvement within the City's drainage and utility easements located on their private property. Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: --page 1 -- City Council Meeting [Consent Agenda Item 12] May 19,2015 "Move to approve the easement encroachment agreement for John &Nancy Olker, 5500 Hilltop Avenue N to install a fence within the City's drainage and utility easement" LEGISLATIVE HISTORY: The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the City. When a resident is interested in putting a structure within an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that information is received, staff reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If staff determines that the improvement will not negatively impact the functionality of the easement, an approved building permit showing the requested work and an Easement Encroachment Agreement is needed before the work may commence. The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning staff. The proposed fence meets all city code requirements and Staff would have otherwise authorized construction of the fence if it did not encroach into a drainage and utility easement. BACKGROUND INFORMATION(SWOT): Strengths: The easement encroachment agreement is a legal document that has been signed by all property owners seeking to install improvements within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the firture. Weaknesses: None Opportunities: None Threats: None RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: "Move to approve the easement encroachment agreement for John &Nancy Olker to install a fence within the City's drainage and utility easement." --page 2-- ty �Ey �LA _ � MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM# 13 AGENDA ITEM: Easement Encroachment Agreement—9906 Tapestry Road SUBMITTED BY: Joan Ziertman,Planning Program Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase, Building Official Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS(if removed from consent agenda): - Introduction of Item.....................................................................................Staff - Report/Presentation...........................................................................Staff - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor&City Council - Discussion.......................................................................Mayor& City Council - Action on Motion....................................................................Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the encroachment agreement for Chad & Katie Carney at 9906 Tapestry Road N as part of tonight's consent agenda. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of an easement encroachment agreement. The City has received a request to install a fence & pool decking within a drainage and utility easement area at 9906 Tapestry Road N from Chad & Katie Carney. Approval of the requested improvement within the City's drainage and utility easements would allow the property owners to construct the requested improvement within the City's drainage and utility easements located on their private property. Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: --page 1 -- City Council Meeting (Consent Agenda Item 13J May 19,2015 "Move to approve the easement encroachment agreement for Chad&Katie Carney, 9906 Tapestry Road N to install a fence &pool decking within the City's drainage and utility easement" LEGISLATIVE HISTORY: The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the City. When a resident is interested in putting a structure within an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that information is received, staff reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If staff determines that the improvement will not negatively impact the functionality of the easement, an approved building permit showing the requested work and an Easement Encroachment Agreement is needed before the work may commence. The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence & pool decking and has been reviewed by planning staff. The proposed fence & pool decking meets all city code requirements and Staff would have otherwise authorized construction of the fence and pool decking if it did not encroach into a drainage and utility easement. BACKGROUND INFORMATION (SWOT): Strengths: The easement encroachment agreement is a legal document that has been signed by all property owners seeking to install improvements within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. Weaknesses: None Opportunities:None Threats: None RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: "Move to approve the easement encroachment agreement for Chad&Katie Carney to install a fence&pool decking within the City's drainage and utility easement." --page 2 -- TI IF, CITY of- LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM# 14 AGENDA ITEM: Easement Encroachment Agreement— 11647 581h Street N SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase, Building Official Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS(if removed from consent agenda): - Introduction of Item.....................................................................................Staff - Report/Presentation...........................................................................Staff - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion...............................................................Mayor& City Council Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the encroachment agreement for Nicholas and Christi Frattalone at 11647 58th N as part of tonight's consent agenda. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of an easement encroachment agreement. The City has received a request to install a fence within a drainage and utility easement area at 11647 58th Street N Avenue from Nicholas and Christi Frattalone. Approval of the requested improvement within the City's drainage and utility easements would allow the property owners to construct the requested improvement within the City's drainage and utility easements located on their private property. Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: --page 1 -- City Council Meeting [Consent Agenda Item141 May 19,2015 "Move to approve the easement encroachment agreement for Nicholas and Christi Frattalone, 11647 5ffh Street N to install a fence within the City's drainage and utility easement" LEGISLATIVE HISTORY: The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the City. When a resident is interested in putting a structure within an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that information is received, staff reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If staff determines that the improvement will not negatively impact the functionality of the easement, an approved building permit showing the requested work and an Easement Encroachment Agreement is needed before the work may commence. The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning staff. The proposed fence meets all city code requirements and Staff would have otherwise authorized construction of the fence if it did not encroach into a drainage and utility easement. BACKGROUND INFORMATION (SWOT): Strengths: The easement encroachment agreement is a legal document that has been signed by all property owners seeking to install improvements within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. Weaknesses: None Opportunities: None Threats: None RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: "Move to approve the easement encroachment agreement for Nicholas and Christi Frattalone to install a fence within the City's drainage and utility easement." --page 2-- THE CITY OF LAKE ELMO MA Y OR & COUNCIL COMMUNICATION DATE: May 19,2015 CONSENT ITEM# 15 AGENDA ITEM: Approval of Mutual Aid Agreement between Washington County and St. Croix County Fire Departments SUBMITTED BY: Greg Malmquist,Fire Chief THROUGH: City Administrator REVIEWED BY: City Clerk and Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................ Fire Chief - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor&City Council Discussion.......................................................................Mayor&City Council - Action on Motion....................................................................Mayor Facilitates POLICY RECCOMENDER: FISCAL IMPACT: Expected to be a break even since this represents a resource sharing contract. The cost savings related to being able to tap into these resources would far exceed any potential incremental Paid on Call costs if called to assist St. Croix County. SUMMARY AND ACTION REQUESTED: Staff is requesting approval of participation in this County to County Mutual Aid agreement. This will increase our resource pool when we have large events and may need large amounts of water in a non-hydranted area, manpower, specialty equipment or specially trained personnel. This County to County agreement simplifies the process for all responding agencies by eliminating the past practice of City to City agreements and eliminates the possibility of responding to a jurisdiction not covered under agreement. Historically Lake Elmo FD, Stillwater FD, Bayport FD and LSCV FD have had individual agreements with Hudson FD. FD's in northern Washington County that border Wisc. had the same situation. You can see the number of agreements that were necessary and in MN we are required to have the Governor sign each one. --page 1 -- City Council Meeting [Consent Agenda Item#1 S] May 19,2015 The other issue we ran into was ensuring we only responded to the jurisdiction we had a direct agreement with. Upon completion of the new Stillwater Bridge, our response dynamics will change. It will open up the likelihood of more Mutual Aid response. The attached County to County document is identical (word for word) to the previous document between Lake Elmo and Hudson with the exception of Lake Elmo and Hudson being replaced by County names. LEGISLATIVE HISTORY: For many years, Lake Elmo FD and Hudson FD have had a direct agreement that was renewed every two years. This process was very cumbersome due to all the required signatures, especially on the MN side as our Governor is required to sign and there were times when the agreement would lapse waiting for it to get through the process. When our last agreement was renewed, we were able to eliminate the expiration date. This agreement is supported by the Washington County Chiefs organization. These agreements are reviewed and approved by HSEM (Homeland Security and Emergency Management) on their way to the Governor each time. BACKGROUND INFORMATION (SWOT): Strengths Increases our resource pool for large events. Weaknesses Increases likelihood of responding to St. Croix County Opportunities Elimination of need for individual agreements, City to City. Threats None RECOMMENDATION: Based on the aforementioned, the staff recommend: Motion to approve the following: "Approval of participation by the Lake Elmo Fire Department in the Mutual Aid Agreement between Washington County,Minnesota and St. Croix County, Wisconsin." (4 signature pages need to be signed, 1-Washington County Chiefs file, 1-St. Croix County Chiefs file, 1-State of MN and 1-Lake Elmo) ATTACHMENTS: 1. Mutual Aid Agreement --page 2-- MUTUAL AID AGREEMENT INCLUSIVE OF: THE FIRE DEPARTMENTS OF WASHINGTON COUNTY, MINNESOTA (will list each dept) AND THE FIRE DEPARTMENTS OF ST. CROIX COUNTY, WISCONSIN (will list each dept) This Agreement is made pursuant to Minnesota Statutes §471.59 and Minnesota Statutes §438.08 and Wisconsin Statutes §66.0303, Subd. (2) and (3)(b)which authorize the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment,personnel and other resources available to political subdivisions from other political subdivisions during an emergency situation or for designated training activities. Section 1. Definitions. a. "Party"means a political subdivision. b. "Requesting Official"means the person designated by a Party who is responsible for requesting Assistance from other Parties. C. "Requesting Party"means a party that requests assistance from other parties. d. "Responding Official"means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. e. "Responding Party"means a party that provides assistance to a Requesting Party. f. "Assistance"means Fire and/or emergency medical services personnel and equipment, and any associated and related training necessary to further the purpose of this Agreement. Section 2. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties,the Requesting Official may call upon the Responding Official of any other party to furnish assistance. Section 3. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. Section 4. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Page 1 of 4 Section 5. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. Section 6. Workers' compensation. Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees,or volunteers. Section 7. Damage to equipment. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. Section 8. Liability. a. For the purposes of Tort Liability, the employees and officers of the Responding Party are deemed to be employees of the Requesting Party. b. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. C. Under no circumstances,however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in its Home State applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. d. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under the laws of its Home State. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Page 2 of 4 e. No party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. f. For the purposes of training, and other than Workers' compensation claims as described in Section 6,the laws of the State where the training takes place will control disputes based upon claims of one party against the other. Section 9. Charges to the Requesting Party. a. No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours. If assistance provided under this agreement continues for more than 12 hours,the Responding Party may submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. b. Such charges are not contingent upon the availability of federal or state government funds. Section 10. Duration. This agreement will be in force from the date of execution and shall continue until terminated. Any party may withdraw from this agreement upon thirty(30) days written notice to the other party or parties to the agreement. Section 11. Amendments. Any amendments to this agreement shall be in writing and signed by all parties. Section 12. Agreement. This agreement contains the entire agreement of the Fire Departments of Washington County Minnesota and the Fire Departments of St. Croix County Wisconsin. Any prior correspondence, memoranda or agreements are replaced in total by this agreement. Section 13. Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Each party to this agreement shall maintain a copy of an executed copy of this agreement. Page 3 of 4 IN WITNESS WHEREOF, the undersigned, on behalf of their political subdivision or their fire department corporation has executed this agreement pursuant to authorization by its governing body: STATE OF MINNESOTA STATE OF WISCONSIN Its Its Dated: 12015 Dated: , 2015 Page 4 of 4 IN WITNESS WHEREOF, the undersigned, on behalf of their political subdivision or their fire department corporation has executed this agreement pursuant to authorization by its governing body: City of Lake Elmo Mike Pearson, Mayor Adam Bell, City Clerk Greg Malmquist, Fire Chief Date: 2015 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 CONSENT ITEM# 16 AGENDA ITEM: United Properties Minor Subdivision—Outlot A of Eagle Point 3rd Addition SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Planning Commission Nick Johnson, City Planner SUGGESTED ORDER OF BUSINESS: - Introduction of Item.....................................Community Development Director - Report/Presentation..............................Community Development Director Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion...............................................................Mayor&City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: The Planning Commission is recommending that the City Council approve a minor subdivision that will facilitate the transfer of property from United Land to Bremer Bank. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a minor subdivision request from United Land, LLC to split Outlot A of Eagle Point Business Park 3rd Addition into two separate parcels. The proposed minor subdivision would facilitate the transfer of 4.974 acres of land to Bremer Bank, which is located immediately north of the property under consideration. The Planning Commission considered this matter at its May 11, 2015 meeting and recommended approval of the minor subdivision as presented. If this item is removed from the consent agenda, the suggested motion to adopt the Planning Commission recommendation is as follows: --page 1 -- City Council Meeting [Regular Agenda Item 16] May 19,2015 "Move to adopt Resolution No. 2015-37 approving the Minor Subdivision" LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The attached Staff report to the Planning Commission a summary of the proposed minor subdivision along with details concerning the application. The Planning Commission reviewed the application at its May 11, 2015 meeting and asked general questions concerning the surrounding properties and conditions on the site to be subdivided. The Commission recommended an additional condition to note that under current regulations of the Zoning Code and Eagle Point Development Standards, Parcel B cannot be further subdivided. The Planning Commission adopted a motion to recommend approval of the minor subdivision consistent with the findings as noted in the attached Resolution No. 2015-37. The vote on the motion was unanimous (6 ayes, 0 nays). BACKGROUND INFORMATION (SWOT): Strengths • The minor subdivision meets all underlying subdivision and zoning requirements. Weaknesses . Future development of the two parcels will require formal platting and PUD approval. Opportunities . The minor subdivision provide additional space for Bremer Bank to expand its facility. Threats • None RECOMMENDATION: The Planning Commission and Staff are recommending that the City Council approve the minor subdivision for Outlot A of Eagle Point 3'd Addition by adopting Resolution No. 2015-37. Should this item be removed from the consent agenda, the suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2015-37 approving the Minor Subdivision" ATTACHMENTS: 1. Resolution No. 2015-37 2. Planning Commission Staff Report—5/11/15 3. Application Form 4. Minor Subdivision Survey 5. Parcel A and B Descriptions 6. Eagle Point 3rd Addition Final Plat --page 2-- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-37 A RESOLUTIONAPPROVING A MINOR SUBDIVISION OF O UTLOT A, EAGLE POINT B USINESS PARK 3RD ADDITION WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sunde Land Surveying, LLC, 9001 East Bloomington Freeway, Bloomington, MN, acting on behalf of United Land, LLC, 3600 American Boulevard West, Bloomington, MN (Applicant)has submitted an application to the City of Lake Elmo (City) for a Minor Subdivision to split Outlot A of Eagle Point Business Park P Addition(PID 33.029.21.41.0048) into two separate parcels in accordance with the certificate of survey dated April 29, 2015 signed by Mark Hanson, P.L.S, License#15480, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor Subdivision at a meeting held on May 11, 2015; and WHEREAS,the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Minor Subdivision as part of a memorandum to the City Council from Community Development Director Kyle Klatt for the May 19, 2015 Council Meeting; and WHEREAS, the City Council reviewed the Applicant's Minor Subdivision request at a meeting held on May 19, 2015. NOW,THEREFORE,based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Minor Subdivision complies with the minimum lot frontage and area requirements of the City's BP—Business Park Zoning District. 1 Resolution No. 2015-37 3) That the Minor Subdivision complies with the City's subdivision ordinance and specifically the requirements concerning exceptions to platting. 4) That under current regulations of the Zoning Code and Eagle Point Development Standards, Parcel B cannot be further subdivided. CONCLUSIONS AND DECISION NOW,THEREFORE,BE IT RESOLVED THAT that based on the testimony elicited and information received,the City Council of the City of Lake Elmo hereby approves the Minor Subdivision request. Passed and duly adopted this 19a'day of May 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk 2 Resolution No. 2015-37 TI I CITY OF PLANNING COMMISSION LAKE ELMO DATE:5111115 _ AGENDA ITEM: 4A—BUSINESS ITEM CASE#2015-18 ITEM: United Properties Minor Subdivision—Outlot A of Eagle Point 3r`' Addition SUBMITTED BY: Kyle Klatt,Planning Director REVIEWED BY: Nick Johnson, City Planner SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a minor subdivision request from United Land, LLC to split Outlot A of Eagle Point Business Park Yd Addition into two separate parcels. The proposed minor subdivision would facilitate the transfer of 4.974 acres of land to Bremer Bank, which is located immediately north of the property under consideration. Staff is recommending approval of the minor subdivision as presented. GENERAL INFORMATION Applicant: Sunde Land Surveying,LLC, 9001 East Bloomington Freeway,Bloomington, MN(Mark Hanson) Property Owners: United Land,LLC, 3600 American Boulevard West,Bloomington,MN(Melissa Duce) Location: Outlot A, Eagle Point Business Park Yd Addition. PID Number 33.029.21.41.0048 Request: Application for a Minor Subdivision to split said property into two separate parcels Existing Land Use and Zoning: Agricultural field; future development site within the Eagle Point Business Park. Current Zoning:BP—Business Park Surrounding Land Use and Zoning: North—Bremer Bank facility; East—Eagle Point Outlot,future site of ISD916 building; West—Bouler Ponds PUD development; South—Eagle Point Business Park Condominiums Comprehensive Plan: BP—Business Park History: The Eagle Point Business Park Yd Addition,which includes the current Bremer Bank site and Outlot A, was approved by the City in 2002. Deadline for Action: Application Complete—4/29/15 60 Day Deadline—6/28/15 Extension Letter Mailed—No 120 Day Deadline—8/27/15 BUSINESS ITEM 5A 2 Applicable Regulations: Chapter 153—Subdivision Regulations §154.550 Business Park Zoning District REQUEST DETAILS The City of Lake Elmo has received a request from Sunde Land Surveying, acting on behalf of United Land,LLC, for a minor subdivision to split Outlot A of the Eagle Point Business Park into two lots. The purpose of the proposed minor subdivision is to facilitate the transfer of 4.974 acres of land from United Land to Bremer Bank,which will leave 7.399 acres of the original 12.373 lot as a separate parcel. Bremer Bank intends to use this property for future expansion of its current facility, but does not intend to proceed with any such project in the immediate future. The City's Subdivision regulations allow for certain subdivisions of land to be exempt from the City's requirements for platting when nor more than four lots are being created and when these lots comply with the minimum road frontage and area requirements of the underlying zoning. The lots that would be created as part of the minor subdivision each exceed the BP—Business Park zoning requirements concerning lot size and lot frontage(2 acres and 200 feet respectfully). In addition,the proposed minor subdivision does not alter the underlying legal description that identifies each lot as part of the original Outlot A of Eagle Point Business Park 3rd Addition. This relationship to the underlying outlot is important because it means that future development on either parcel can only occur upon a full replat of each lot and allows the City to consider the minor subdivision without requiring additional easements or other subdivision design elements at this time. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Minor Subdivision: • That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. • That the Minor Subdivision complies with the minimum lot frontage and area requirements of the City's BP—Business Park Zoning District. • That the Minor Subdivision complies with the City's subdivision ordinance and specifically the requirements concerning exceptions to platting. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the minor subdivision request from United Land,LLC to split Outlot A of Eagle Point Business Park 3rd Addition into two separate parcels. Suggested motion: "Move to recommend approval of the Minor Subdivision request to split Outlot A of Eagle Point Business Park 3''d Addition into two lots" BUSINESS ITEM 5A 3 ATTACHMENTS: 1. Application Form 2. Minor Subdivision Survey 3. Parcel A and B Descriptions 4. Eagle Point Yd Addition Final Plat ORDER OF BUSINESS: Introduction........................................................................................Planning Staff - Report by Staff...................................................................................Planning Staff - Questions from the Commission............................Chair&Conunission Members - Public Comments.............................................................................................Chair - Discussion by the Commission..............................Chair&Commission Members - Action by the Commission.....................................Chair&Commission Members BUSINESS ITEM 5A Dale Received: x 'IFFIE CITY 01- 851-747-3900 Received Byt r � LAKE ELM0 3800 Laverne Avenue North C u%'`—P�rmftr i�.0 to — tK Lake Elmo,MN 55042 LAN® USE APPLICATION ❑ Comprehensive Plan ❑Zoning District Amend ❑Zoning Text Amend ❑ Varlance'(see below) ❑ Zoning Appeal ❑Conditional Use Permit(C.U.P.) ❑ Flood Plain C.U.P. ❑ Interim Use Permit(I,U,P,) ❑ Excavating/Grading ❑Lot Line Adjustment I.Minor Subdivision ❑ Residential Subdivision Sketch/Concept Plan ❑ PUD Concept Plan ❑ PUD Preliminary Plan ❑PUD Final Plan Applicant:Mark Hanson,Sunde Land Surveying LLC(on behalf of United Properties) Address:9001 East Bloomington Freeway,Bloomington MN55420 Phone#952-881-2455 Email Address:Mark.Hanson Sunde.com Fee Owner: United Land, LLC Address:3600Amerfcan5oulevard West,Bloomington MN55431 Alin:MelissaDuce Phone#952-893.8866,661-261-8273 Email Address,Mellssa,Duce()uproyerties com Property Location(Address and Complete(long)Legal Description: Oullot A, Eagle Polnt Business Park 3rd Addition Address is unassigned Detailed Reason for Request: The Bremer land aguisition will be held for future building expansion development. 'Variance Requests: As outlined In Section 301.060 C.of the Lake Elmo Municipal Code,the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: In signing this application,I hereby acknowledge that I have read and fully understand the appllcable provisions of the Zoning ordinance and current administrative procedures, I further acknowledge the fee explanation as outlined In the application procedures and hereby agree T all statements received from the City pertaining to additional application expense. Signature of applicant: Date: Signature of fee owner: Date: r� ��— r till 14 s#s ��s ��t }�f_� 3 i I •� —��sirT F mo ilC BOVJL.EVA!>17 v gg i [2 s\ ' AIM? . 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As part of the Consent Agenda, no formal action is required. If Council wishes to discuss this item, it can be approved by taking the following action: "Move to approve Resolution 2015-38,Approving Master Subscriber Agreement for Minnesota Court Data Services for GovernmentalAgencies and Request Form for Minnesota Government Access (MGA) Login Account." BACKGROUND: This agreement allows Lake Elmo City Attorney's Office to access electronic court data through the Minnesota Court Data Services for Governmental Agencies, The City entered into an agreement to participate in the pilot program in 2013. This is an updated resolution authorizing legal counsel to continue that subscriber access for criminal cases. --page 1 -- CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION 2015-38 APPROVING MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES AND REQUEST FORM FOR MINNESOTA GOVERNMENT ACCESS (MGA)LOGIN ACCOUNT WHEREAS,the City of Lake Elmo desires to improve efficiencies through participating in a paperless court process with the Minnesota Judicial Branch; and WHEREAS,the City Attorney for the City of Lake Elmo has reviewed the Master Subscriber Agreement for Governmental Agencies and Request for Minnesota Government Access(MGA)Login Account; and WHEREAS,as the Minnesota Judicial Branch moves towards a paperless court, the eCourtMN initiative is committed to ensuring that non-court governmental agencies have appropriate access to court records and documents. The Minnesota Government Access (MGA) Login Account will permit attorneys' electronic access to appropriate court records and documents in Washington County Criminal Cases. WHEREAS,the City of Lake Elmo desires to subscribe to the Minnesota Government Access(MGA) Login Account that will permit attorneys in the offices of the Lake Elmo City Attorney to electronically access court records and documents. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota, as follows: The MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA GOVERNMENTAL AGENCIES for the Minnesota Government Access(MGA)Login Account is approved and the Mayor and Administrator are authorized and directed to execute and deliver said documents. Passed and Adopted by the Council on this 19th day of May,2015. Mike Pearson,Mayor ATTEST: Dean Zuleger,City Administrator TI I CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 REGULAR ITEM 18 AGENDA ITEM: Old Village Phase 1 Street and Utility Improvements—Resolution Receiving Feasibility Report and Calling Hearing on Improvement SUBMITTED BY: Chad J. Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Adam Bell, City Clerk Cathy Bendel, Finance Director Jack Griffin, City Engineer Dave Snyder, City Attorney SUGGESTED ORDER OF BUSINESS: - Introduction of Item......................................................................City Engineer Report/Presentation.......................................................................City Engineer Questions from Council to Staff............................................. Mayor Facilitates - Public Input, if Appropriate.................................................... Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. The Feasibility Report was previously authorized. Calling for and conducting the Public Improvement Hearing is included in the feasibility report scope of services. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider adopting Resolution No. 2015-39 receiving the Feasibility Report and calling for a Public Improvement Hearing for the Old Village Phase 1 Street and Utility Improvements to be held on June 16, 2015. The recommended motion for this action is as follows: --page 1 -- City Council Meeting [Regular Agenda Item 18] May 19,2015 "Move to adopt Resolution No. 2015-39, receiving the Feasibility Report and Calling Hearing for the Old Village Phase 1 Street and Utility Improvements." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: A feasibility report was authorized by the City Council on July 1, 2014 in order to ready these improvements for 2015 construction. The feasibility report is needed to meet state statutory requirements if any portion of the project is to be assessed to benefitting properties. 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 street and sanitary sewer improvements. The improvements consist of the following: • Reconstruction of streets with the addition of sidewalks as approved by Council as a part of Municipal Consent on February 5,2015. • Construction of the initial regional drainage system improvements including a large infiltration pond and oversized storm sewer to begin addressing flooding issues in the Old Village Area. • Extension of sanitary sewer to provide service to benefitting properties within the Old Village. • Replacement of an aged watermain system. • Street lights and landscaping amenities including boulevard trees. The total estimated project cost for the Phase 1 improvements is $5,568,100. The estimated total cost of the street and landscape improvements are $1,405,900, sanitary sewer improvements are $906,300, streetscape improvements are $73,400, regional drainage improvements are $2,709,100, and water system improvements are $473,400. The street and landscape improvements and extension of sanitary sewer are proposed to be assessed against the benefitting properties consistent with the City's Special Assessment Policy. Street improvement assessments are proposed at a rate of 30% for residential properties using an average residential front footage, and 100% for commercial properties based upon the actual front footage. Extension of sanitary sewer is 100% paid for by the benefitting property owners using a per residential equivalent method. The remainder of the proposed project costs are proposed to be paid through a combination of municipal state aid funds, water enterprise funds, and general funds. Due to the unique nature of the Village project, the Finance Committee was directed to review and consider multiple assessment methodologies. The feasibility report presents the assessment methodology as recommended by the Finance Committee. Assessments for street improvements are levied over 10 years while the sanitary, sewer improvements would be levied over a 20 year period. Additional cost breakdown, assessment information, and financial detail is present in the Feasibility Report. --page 2-- City Council Meeting [Regular Agenda Item 18] May 19,2015 RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2015-39, receiving the Feasibility Report and calling Hearing for the Old Village Phase 1 Street and Utility Improvements. The recommended motion for this action is as follows: "Move to adopt Resolution No. 2015-39, receiving the Feasibility Report and Calling Hearing for the Old Village Phase 1 Street and Utility Improvements." ATTACHMENT(S): 1. Resolution No. 2015-39 Receiving Report and Calling for Hearing on Improvements. 2. Notice of Hearing on Improvement. 3. Location Map. 4. Project Schedule. 5. Feasibility Report(available for review at City Hall) --page 3-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-39 A RESOLUTION RECEIVING A FEASIBILITY REPORT FOR THE OLD VILLAGE PHASE 1 STREET AND UTILITY IMPROVEMENTS AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to city council authorization, adopted on July 1, 2014, a feasibility report has been prepared by FOCUS Engineering, Inc. for the Old Village Phase 1 Street and Utility Improvements; and WHEREAS, the feasibility report recommends that benefitting properties be assessed all or a portion of the cost of the improvements pursuant to the city's Special Assessment Policy and Minnesota Statutes, Chapter 429; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement;the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW,THEREFORE,BE IT RESOLVED, 1. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $5,568,100; consisting of the street and landscape improvements at $1,405,900, sanitary sewer improvements at $906,300, streetscape improvements at $73,400, regional drainage improvements at $2,709,100,and water system improvements of$473,400. 2. A public hearing shall be held on such proposed improvements on the 16th day of June, 2015, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF MAY, 2015. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Adam Bell City Clerk Resolution No. 2015-39 1 CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT OLD VILLAGE PHASE 1 STREET 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 Tuesday, June 16, 2015, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The street, landscape and streetscape improvements are proposed along Upper 33td Street from Lake Elmo Avenue to Laverne Avenue, Laverne Avenue from Upper 33rd Street to Trunk Highway 5, 36th Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33`d Street to 36th Street. The improvements consist of reconstruction of the existing streets with concrete curb and gutter, installation of a storm sewer system, replacement of aged watermain, boulevard trees, ornamental street lights, and minor paver block details at intersections. The sanitary sewer improvements include the extension of existing sanitary sewer along Upper 33rd Street from where it crosses the Union Pacific Railroad Tracks to Lake Elmo Avenue, along Laverne Avenue from Upper 33`d Street to Trunk Highway 5, 36th Street from Lake Elmo Avenue to Laverne Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from Upper 33rd Street to 200-feet south of 36th Street. Improvements will include a service stub to each benefitting property to the property line. The area proposed to be assessed for the street improvements include the properties directly abutting Upper 33`d Street, 36th Street, and Laverne Avenue as detailed above. The estimated total project cost is $5,568,100. The estimated total cost of the street and landscape improvements are $1,405,900; sanitary sewer improvements are $906,300; streetscape improvements are $73,400; regional drainage improvements are $2,709,100; and water system improvements are $473,400. The streetscape improvements, watermain replacement and regional storm sewer system will not be assessed. 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: May 19,2015 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson,Mayor (Published in the Oakdale-Lake Elmo Review on May 27, 2015 and June 3, 2015) 39THSTREET 41, D W N T EEI i 5 I N T E -21 REID ARK OTH STREET OFT ST TOIL Z LEGEND OLD VILLAGE PHASE 1 STREETAND UTILITY IMPROVEMENTS OLD VILLAGE PHASE I STREETAND UTILITY IMPROVEMENTS (SANITARY SEWER AND REGIONAL STORM SEWER ONLY) N Tl it: (TV), OF CITY OF LAKE ELMO LAKE ELMO OLD VILLAGE STREET AND EXHIBIT NO. 1 FOCUS UTILITY IMPROVEMENTS LOCATION MAP ENGINEERING PROJECT NO.2014.137 OLD VILLAGE PHASE 1 STREET APRIL,2015 AND UTILITY IMPROVEMENTS PROJECT SCHEDULE FOCUSENGINEERING, inc. OLD VILLAGE PHASE 1: STREET Cara Geheren,P.E. 651.300.4261 AND UTILITY IMPROVEMENTS Jack Griffin,P.E. 651.300.4264 Ryan Stempski,P.E. 651.300.4267 MAY, 2015 Chad Isakson, P.E. 651.300.4283 FEBRUARY 5, 2015 Council approves Municipal Consent. County proceeds with Final Design. FEBRUARY 24, 2015 Council authorizes the preparation of a Feasibility Report. MAY 1, 2015 County posts advertisement for bid. MAY 19, 2015 Council accepts Report; and adopts project assessment policy. Calls Public Improvement Hearing. Submit Notice of Public Hearing for Publication. MAY 27, 2015 Notice of Public Hearing Published (2"d Notice on June 3rd). JUNE 2, 2015 Accept Contractor Bids. Finalize Cooperative Agreement. JUNE 16, 2015 County Board Meeting. County accepts bids and awards Contract contingent up City award. JUNE 16, 2015 Public Improvement Hearing. Council approves "Concurrence" to award contract. Council Orders the Improvement for the 2015 IMPROVEMENTS (Requires 4/5th vote). OCTOBER 15, 2015 Substantial Completion. JUNE 15, 2016 Final Completion. TI IG CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 REGULAR ITEM # 19 AGENDA ITEM: InWood Final Plat and Final PUD Plans (Phase 1) and Zoning Map Amendments SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Nick M. Johnson, City Planner Planning Commission Jack Griffin, City Engineer Greg Malmquist, Fire Chief Stephen Mastey, City's Landscape Consultant SUGGESTED ORDER OF BUSINESS: - Introduction of Item.....................................Community Development Director - Report/Presentation..............................Community Development Director - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: The Planning Commission is recommending that the City Council approve a final plat and final development plan for the first phase of the InWood PUD development. The Commission is also recommending that the City Council establish the base zoning for the entire development area in accordance with the approved concept plan. The Planning Commission considered the final plat and plans at its April 27, 2015 meeting and a summary of the Commission's report and recommendation are included below. FISCAL IMPACT: TBD — the City will be asked to review a developer's agreement concerning the final plat on May 19, 2015. The agreement will include a detailed accounting of any development costs that will be the responsibility of the developer and/or the City. SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request from Hans Hagen Homes for approval of a zoning map amendment, final plat and final PUD plan for the first phase of the Inwood planned residential development. The final plat --page 1 -- City Council Meeting [Regular Agenda Item 191 May 19,2015 includes 40 single-family residential lots, and the related construction plans for the improvements necessary to serve these homes. The City Council approved the InWood Preliminary Plat and Preliminary PUD Plan on December 2, 2014, which covered the single family portion of the broader 158-acre project area. There are 275 single family residential lots planned within the entire subdivision, in addition to 264 multi-family units that are planned as part of latter phases. The final plat covers only a portion of the overall total of units that will eventually be platted. The Planning Commission considered this matter at its April 27, 2015 meeting and recommended approval of the InWood Final Plat and Final PUD Plan subject to 13 conditions of approval. The suggested motions to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2015-40 approving the Final Plat and Final PUD Plan for InWood " In addition, the Planning Commission recommended approval of the requested zoning map amendment. The suggested motion to adopt the Planning Commission recommendation concerning the proposed zoning map amendment is as follows: "Move to adopt Ordinance 08-120, approving the Zoning Map Amendment for the In Wood Planned Unit Development" BACKGROUND INFORMATION: Attached is the original detailed Staff report that was provided to the Planning Commission regarding the applicant's request for a zoning map amendment, final plat and final PUD plan. The staff report 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. It should also be noted that the applicants have submitted updated final plat and final construction documents. These final plans are currently being reviewed by the City Engineer and Community Development Department. The preliminary plat was approved by the City Council on December 2, 2014, and this approval included a series of conditions that must be met by the applicant. Included in the Staff analysis is a line-by-line review of the conditions attached to the preliminary plat. Prior to commencing with the construction of any public improvements on the site, the developer will need to receive final approval of all construction plans by the City Engineer. PLANNING COMMISSION REPORT: The Planning Commission reviewed the final plat and final PUD application at its April 27, 2015 meeting. At the meeting, a public hearing was held, necessitated by the zoning map amendment and final PUD plan actions. No one spoke during the public hearing, and staff did not receive and written or electronic correspondence regarding the application. --page 2-- City Council Meeting [Regular Agenda Rent 19] May 19,2015 The Commission discussed various aspects of the development, and recommended that a condition of approval be added to those drafted by Staff in order to address the City Engineer's recommendations concerning retaining walls throughout the development. An excerpt from the Planning Commission's April 27`h meeting minutes is included as an attachment to this report. The Planning Commission recommended approval of the InWood Final Plat and Final PUD Plan with 13 conditions of approval. The vote to recommend approval of the InWood Final Plat was unanimous among the Commissioners present(Vote: 5-0). In reviewing the proposed zoning map amendment, the Planning Commission unanimously recommended approval (5-0) as presented. Staff is recommending the following findings for the zoning map amendment based on the Planning Commission discussion: 1) The City of Lake Elmo approved the InWood PUD Concept Plan on September 16, 2014. 2) The requested zoning map amendment is consistent with the appropriate zoning as guided by the approved InWood PUD Concept Plan. 3) Municipal sanitary sewer and water utilities are presently available to the site from the southern border. STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS: Strengths: The final plat is consistent with the approved preliminary plat subject to the conditions being recommended by Staff and the Planning Commission. Construction of the development would include all portions of the minor collector road 51h Street through the project site, which is necessary to serve the I-94 Corridor according to the City's Transportation Plan. 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 Inwood planned development 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: The Planning Commission and Staff are recommending that the City Council approve the Inwood Final Plat and Final PUD Plan subject to 13 conditions of approval. The suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2015-40 approving the Final Plat and Final PUD Plan for In Wood. --page 3-- City Council Meeting [Regrdar Agenda Item 19] May 19,2015 In addition, the Planning Commission and Staff are recommending that the City Council approve the requested zoning map amendment through the following motion: "Move to adopt Ordinance 08-120, approving the Zoning Map Amendment for the In Wood Planned Unit Development." ATTACHMENTS: 1. Resolution No. 2015-40 2. Ordinance 08-120 3. Exhibit A—Zoning Map Amendment 4. Staff Report to the Planning Commission,4/27/15 5. City Engineer Review Comments—4/23/15 6. InWood Park Calculations (Provided by Developer) 7. Excerpt of Planning Commission Minutes from 4/27/15 8. Application Booklet—with Table of Contents a. PUD Final Plan b. Final Plat c. Application Forms d. PUD Narrative e. Phasing Plan f. Open Space Plan g. Grading Plan h. Storm Water Plan (Electronic Only) i. Utility Plan (Electronic Only) j. Landscape and Tree Preservation Plans k. HOA Documents (Electronic Only) 1. Example Home Elevations --page 4-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-40 A RESOL UTION APPRO VING A FINAL PLAT AND FINAL PLANNED UNIT DEVELOPMENT (PUD)PLAN FOR THE FIRST PHASE OF THE INWOOD PLANNED UNIT DEVELOPMENT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN has submitted an application to the City of Lake Elmo ("City") for a Final Plat and Final PUD Plan for the first phase of the Inwood Planned Unit Development, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS,the City approved the InWood PUD General Concept Plan on September 16, 2014; and WHEREAS, the City approved the Inwood Preliminary Plat and Preliminary PUD Plan on December 2, 2014; and WHEREAS,the proposed InWood Final Plat and Final PUD Plan includes 40 single family residential lots within the single family residential portion of the 157.2-acre InWood planned unit development located in Stage 1 of the I-94 Corridor Planning Area; and WHEREAS, the Lake Elmo Planning Commission held public hearing on April 27, 2015 to consider the Final Plat and Preliminary PUD Plan request; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Final Plat and Final PUD Plan subject to 13 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Final Plat and Final PUD Plan as part of a memorandum to the City Council for the May 19, 2015 Council Meeting; and WHEREAS, the City Council reviewed the InWood Final Plat and Final PUD Plan at its meeting held on May 19, 2015 and made the following findings of fact: 1) That the procedure for obtaining approval of said Final Plat and Final PUD plans is found in the Lake Elmo City Code, Sections 153.08 and 154.750. 2) That all the requirements of said City Code Sections 153.08 and 154.750 related to the Final Plat and Final PUD plans have been met by the Applicant. 1 Resolution No. 2015-40 3) That the proposed Final Plat for InWood consists of the creation of 40 single-family detached residential structures. 4) That the Inwood Final Plat and Final PUD Plan is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on December 2, 2014. 5) That the InWood Final Plat and Final PUD Plan is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 6) That the InWood Final Plat generally complies with the City's Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans and as further specified in Resolution No. 2014-094. 7) That the InWood 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 Inwood Final Plat complies with the City's subdivision ordinance. 9) That the Inwood Final Plat and Final PUD Plan complies with the City's Planned Unit Development Ordinance. NOW, THEREFORE,BE IT RESOLVED THAT the City Council does hereby approve the Inwood Final Plat and Final PUD Plan subject to the following conditions: 1) Final grading, drainage, and erosion control plans, sanitary and storm water management plans, landscape 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 memorandum dated April 23, 2015 shall be incorporated into these documents before they are approved. 2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements for the InWood Final Plat and Final Development Plans with financial guarantees therefore. 3) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. 4) A Common Interest Agreement concerning management of the common areas of InWood and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. The applicant 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. 2 Resolution No. 2015-40 5) The developer is encouraged to incorporate elements from the Lake Elmo Theming Study into the final design of the community mailboxes within InWood. 6) The applicant shall deed Outlots C,D, F, G, I and H to the City upon recording of the final plat. 7) The applicant shall work with Community Development Director to name all streets in the subdivision in a manner acceptable to the City prior the recording of the final plat. 8) The City and the applicant shall enter into a final purchase agreement concerning the location and dedication of land associated with the proposed water tower necessary to provide adequate water service to the InWood project area prior to the execution of a developer's agreement or the recording of the final plat. 9) The final landscape plan shall be updated to address the review comments from the City's landscape architecture consultant and shall incorporate all design elements as specified in the City's 5th Street Standard Details and Design Book. 10)The developer shall update the final construction plans for 5th Street to include those portions of this road that will cross the southwest corner of Stonegate Park. 11)The developer shall update the final development plans to identify an alignment for a multi-purpose trail connection Street B to Inwood Avenue based on further review of this trail with the City of Lake Elmo and Washington County. 12)The final plat and final development plans shall include provisions satisfactory to the City that no structure be located within 15 feet of any storm water improvement(include pipes and catch basins). 13)Retaining walls within rear yard utility easements shall be clearly documented and shall be owned and maintained by the InWood homeowners' association. All costs associated with protection, replacement, or maintenance of retaining walls due to any work in easements by the City shall be the full responsibility of the HOA. Passed and duly adopted this 19th day of May, 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson,Mayor ATTEST: Adam Bell, City Clerk 3 Resolution No. 2015-40 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-120 AN ORDINANCE AMENDING CHAPTER 154 OF THE LAKE ELMO CITY CODE OF ORDINANCES BY ADOPTIONG A REVISED OFFICIAL ZONING DISTRICT MAP RELATED TO THE INWOOD PLANNED DEVELOPMENT SECTION 1. Zoning Map Amendment. The following property is hereby rezoned from RT - Rural Development Transitional to LDR-PUD - Urban Low Density Residential - Planned Unit Development, HDR - Urban High Density Residential and C - Commercial as depicted on the attached "Exhibit "A": The West Half of the Southeast Quarter of Section 33, Township 29 North. Range 21 West, lying north of the north right of way line as shown on State Highway Right-of-way Plat No. 4 of 12, State Project 8282 (94-392) 902, Washington County, Minnesota. (Abstract) AND The Northeast Quarter of Section 33. Township 29. Range 21, less and except: Parcel No. 4 of Washington County Highway Right-of-way Plat No. 41; and Parcel No. 3 of Washington County Highway Right-of-way Plot No. 42, Washington County, Minnesota. (Torrens) SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-120 was adopted on this 19th day of May 2015, by a vote of _ Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk This Ordinance 08-120 was published on the day of , 2015. 1 Exhibit A - Zoning Map Amendments �RTH ZONED Pf ZONED RR btGCiC 12 ouc;nt� - ___. 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OIRtGT N I t4 f 10 11 IS HD CLta•_-r i FUTURE IGH DENSITY RESIDENTIAL MW BP I % _N I ; L PLANNING COMMISSION THE CITY OF LAKE ELMO') DATE:4/27/15 AGENDA ITEM: 4A—PUBLIC HEARING CASE#2015-12 ITEM: InWood Final Plat and Final PUD Plans(Phase 1) SUBMITTED BY: Kyle Klatt,Planning Director REVIEWED BY: Nick Johnson, City Planner Jack Griffin,City Engineer SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a request to approve a final plat, final PUD development plans,and related zoning map amendments associated with the first phase of the InWood PUD development. The final plat includes 40 single family residential lots that will be located within the southern portion of the development along with all portions of the 5`h Street right- of-way through the PUD development area. The developer is also seeking approval of amendments to the City's Zoning Map that will establish the base zoning for the entire development area. Staff is recommending approval of the request subject to compliance with the conditions listed in this report. GENERAL INFORMATION Applicant: Hans Hagen Homes(John Rask), 941 NE Hillwind Rd. Suite 300, Fridley, MN and Inwood 10,LLC(Tom Scheutte)95 S Owasso Blvd. W., St.Paul, MN Property Owners: Inwood 10,LLC(Tom Scheutte), 95 S Owasso Blvd.W., St. Paul,MN Location: Part of Section 33 in Lake Elmo, south of loth Street(CSAH 10),north of Eagle Point Business Park, east of Inwood Avenue(CSAH 13)and west of Stonegate residential subdivision.PlDs: 33.029.21.12.0001, 33.029.21.12.0003, 33.029.21.11.0002 and 33.029.21.11.0001. Request: Application for Final Plat and Final Planned Unit Development(PUD)Plan approval for the first phase of a mixed-use development to be named InWood. The final plat includes 40 single-family residential lots, while the remainder of the site will be platted as outlots for either public dedication or to be reserved for future development. The applicant is requesting a rezoning to establish the base zoning for the overall area included in the concept plan. Existing Land Use and Zoning: Vacant land used for agricultural purposes. Current Zoning: RT—Rural Transitional Zoning District; Proposed Zoning: LDR —Low Density Residential,HDR—High Density Residential and C—Commercial(all with PUD overlay) Surrounding Land Use and Zoning: North: Vacant agricultural land and two residential homes—RR and PF zoning; West: Oak Marsh Golf Course,urban single family subdivision, commercial—City of Oakdale jurisdiction; BUSINESS ITEM 5B 2 South: Offices in Eagle Point Business Park(including Bremer Bank facility)—BP zoning; East: Stonegate residential estates subdivision—RE zoning. Conzprehensive Plan: Urban Low Density Residential(2.5 -4 units per acre) Urban High Density Residential(7.5— 15 units per acre) Commercial History: The site has historically been used for agricultural purposes; there is no specific site information on file with the City(the property was subject to development speculation at various times in the past). The applicants have summited a mandatory Environmental Assessment Worksheet(EAW) for the development and the comment period for the EAW ended on October 29,2014. The City Council adopted a resolution declaring no need for an EIS (Environmental Impact Statement)at its December 2,2014 meeting. The City Council approved the general concept plan for the development at its September 16, 2014 meeting and approved the preliminary development plans at its December 2,2014 meeting. Deadline for Action: Application Complete—3/27/15 60 Day Deadline—5/26/15 Extension Letter Mailed—No 120 Day Deadline—7/25/15 Applicable Reguations: Chapter 153—Subdivision Regulations Article 10—Urban Residential Districts(LDR) Article 16—Planned Unit Development Regulations §150.270 Storm Water,Erosion, and Sediment Control REQUEST DETAILS The City of Lake Elmo has received a request from Hans Hagen Homes and InWood 10,LLC for approval of a final plat and final PUD plan associated with the first phase of the InWood Planned Unit Development(PUD). The final plat consists of four primary components that will initiate development of a much larger development project that will ultimately include single family residential,multi-family residential,and commercial buildings over the applicants' entire 160 acre parcel. The initial development components included as part of the final plat request include the following: • A final plat for the first 40 single family homes within the development. The proposed houses are part of planned 275 "lifestyle"houses that will be slab-on-grade construction with common open space around each home. • The platting and construction of all portions of 5`h Street that bisects the applicants' site, connecting Inwood Avenue to the planned 5`h Street connection within the Boulder Ponds development. • Mass grading of the entire site and the construction of the public and private infrastructure necessary to serve the initial project phase. This infrastructure will include a sewer connection into the Eagle Point Business Park and the construction of the road connecting 5`h Street to Eagle Point Boulevard. BUSINESS ITEM 5B 3 The platting of all other portions of the larger development area into outlots to facilitate either the future transfer of these outlots to the City for park or storm water management purposes or the replatting of lots into future project phases. Please note that the attached application materials provided by the applicant include maps and plans that cover the entire development site(including grading, landscape,and others)while the final plat and certain construction plans are specific to the first phase. Staff has not provided copies of the overall PUD development plans,but these are available as part of previous Planning Commission agendas and are on file in the Planning Department. In advance of submitting an application for a final plat,the developer worked with the City and other external agencies to address the conditions attached to the City's approval of the preliminary plat. The end result of this process was a revised preliminary plat and associated plans dated March 27, 2015 that were deemed compliant with the previous conditions of approval by the City. There are a few minor issues that need to be addressed as noted in the City Engineer's review memorandum,but none significant enough that they cannot be resolved through revisions to the final development plans. Staff has provided an update concerning the preliminary plat conditions in the latter sections of this report. The applicant has submitted a binder with all final plat and PUD development plan submissions to the City,which includes the final plat,project narrative,phasing plan, grading plans, street and utility plans, landscape plan,proposed HOA documents,and example home elevations and designs. The first phase of the project will located immediately north of 5`h Street roughly halfway between Inwood Avenue and the eastern project boundary. All of the proposed lots are located within the "lifestyle"housing portion of the site, and subsequent phases would generally continuing with the platting of additional single family lots further to the north. There are no specific time frames associated with the commercial or multi-family areas,which will need further City review and approval the preliminary stage of review. One of the significant elements of the final development plans is the construction of the 51h Street minor collector road over the entire development area. Unlike other developments within Section 34, the developer is not proposing to phase the construction of 5`h Street with future project phases,and instead will undertake all of this work as part of phase one. This will help establish the road in advance of all future development activity, and will help provide a connection to the adjacent Boulder Ponds development(which will eventually connect through Boulder Ponds and Savona all of the way to Keats Avenue). The developer has proposed a landscape design for 5' Street that does need to be updated to reflect the City's final design for road. Because this final design was completed shortly after Inwood has submitted its plans, Staff is recommending that the landscape architect review the design for consistency with the City's plans and direct the applicant to make any changes necessary to bring the landscaping into conformance with City's design standards for the roadway. The applicant has provided an updated grading, erosion control,and storm water management plan that has also been approved by the South Washington Watershed District. In advance of final plat approval,the developer has also applied for an interim grading permit to begin grading the site in accordance with the approved preliminary plans. The revised preliminary plat and plans address other review comments as noted in the following section of this report. As the applicant has worked to address the previous review comments and conditions of approval,there have been some minor modifications to the configuration of some lots within the subdivision. These changes directly address preliminary plat review comments, and more specifically respond to the following: BUSINESS ITEM 5B 4 • Two access points on 5'h Street have been eliminated consistent with the preliminary plat review comments: a secondary access between Street D and Inwood Avenue and the eastern leg of a loop road into the City park(Outlot L). • A public road through Outlot L has been eliminated and the primary access to the City park will be from Street C and off of 51h Street. • Trails that encroached into wetland setback areas have been moved outside of these areas. The City's subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City's approval of the Inwood Preliminary Plat and Plans did include a series of conditions that must be met by the applicant,which are addressed in the"Review and Analysis" section below. Because the application is for approval of a final PUD plan,the request does require a public hearing to establish the final PUD zoning for the first phase of the development. As part of the request for final PUD approval,the applicant is also requesting to establish the base zoning for the entire project area. With the City's approval of the preliminary plat and PUD plans and the proposed platting of the future development areas into outlots(and with the extension of public services proposed with the final plat), it is appropriate to establish the zoning for each portion of the site at this time. Staff has revised the applicant's Zoning and Phasing Map to specifically denote the specific zoning for each portion of the site that will be applied to the official zoning map. In this case,all single-family areas will be rezoned from RT—Rural Transitional to LDR—Urban Low Density Residential,all multi-family areas will be rezoned from RT to HDR—Urban High Density Residential, and the commercial areas will be rezoned from RT to C—Commercial. With the base zoning in place,the City will be able to proceed with establishing a PUD overlay district for the portions of the site that receive final plan approval. Staff has reviewed the final plat and found that it is consistent with the preliminary plat that was approved by the City with the exceptions as noted below and as listed in the City Engineer's report. These exceptions can be addressed with the submission of revised final plans,and primarily relate to details that need to be worked out before final approval of the construction plans. The City Engineer and Landscape Architect have reviewed the final plat, although the final report from the Landscape Architect is still forthcoming. Although there are some additional revisions to the final construction plans that will need to be addressed by the applicant,the remaining revisions are relatively minor and can be made before the City releases the final plat for recording. PLANNING AND ZONING ISSUES The InWood development includes a request for a Planned Unit Development and some related flexibility as permitted under this ordinance. In order to grant a PUD,an applicant is required to demonstrate compliance with the City's PUD applicant requirements and PUD Objectives. These requirements and objectives were previously detailed with the applicants'preliminary plan submissions. For the most part,the single family portion of the development is consistent with the zoning requirements for the City's LDR—Low Density Residential Zoning District,with the exceptions that were discussed during the concept and preliminary plan review and are summarized as follows: Setback LDR Zoning District(Min.) Inwood PUD (Min.) Front Yard 25 feet 20 feet BUSINESS ITEM 5B 5 Interior Side Yard 10 Feet Principal Structure 4 Feet Side/5 Feet Garage Side Rear Yard 20 feet 20 feet Lot Area 8,000 square feet 4,250 square feet Lot Depth N/A 110 feet Lot Width 60 feet 38 feet All other requirements for the City's LDR zoning district will apply, including the allowed uses and other site and development standards. Please note that the above table includes some minor modifications from the numbers originally proposed by the developer and are being recommended by Staff in order to ensure that there is sufficient flexibility to construct the subdivision as proposed. The purpose of this table is to document the minimum expectation for lots and homes in the development,and is otherwise consistent with the development plans. Staff also recommended these numbers to account for minor revisions between the preliminary and final plat review(for issues such as wetland buffers,provision of adequate storm water infiltration areas,and road adjustments that are necessary for the development to comply with all applicable City development and engineering standards). The overall site plan for the property follows the adopted concept plan very closely, and the final plat and plans are consistent with preliminary plat as well. The following is a general summary of the subdivision design elements that have proposed as part of the InWood final plat and plans: Zoning and Site Information: • Existing Zoning: RT—Rural Development Transitional District • Proposed Zoning: LDR • Total Site Area: Final Plat Area+/- 15 acres outside of road ROW • Total Residential Units: 40(out of 275 approved single family units) • Proposed Density(Net): Single Family—3.0 units per acre Proposed Lot Dimensional Standards through Planned Unit Development Process: • As listed above Proposed Street Standards: • ROW Width—Local 60 ft. (per Subdivision Ordinance) • ROW Width—Minor Collector 100 ft. (Engineering Standard) • ROW Width—Loop Roads 40 ft. (one way segment with median) • Street Widths—Local: 28 ft. (per City standard) • Street Widths—Loop Roads 24 ft. (one way) The standards listed above are all either in compliance with the applicable requirements from the City's zoning and subdivision regulations,or are consistent with requested modifications through the proposed planned unit development(PUD). Based on Staff's review of the Preliminary Plat and Preliminary PUD Plan,the applicant has generally demonstrated compliance with the majority of the applicable codes,and the requested modifications or flexibilities as allowed under the City's PUD Ordinance represent a reasonable request given the various design goals the applicant it trying to achieve. BUSINESS ITEM 5B 6 As part of the Staff recommendation below, Staff is recommending that the Planning Commission adopt specific zoning map amendments using the applicant's provided zoning map and phasing plan as a guide for these amendmnets. REVIEW AND ANALYSIS The preliminary plat and plans for InWood were approved with several conditions,which are indicated below along with Staffs comments on the status of each. Staff is recommending approval of the final plat and plans with conditions intended to address the outstanding issues that will require additional review and/or documentation. Staff is also recommending approval of the Zoning Map amendments to establish the base zoning throughout the larger development area. In order to assist the Planning Commission with its review, Staff is also including a summary the critical issues that need to be resolved for the subdivision to move forward. Critical Issues Summary: 1) Water Tower Site. The City's water supply plan, last updated as part of the 2008 Comprehensive Plan Update,indicates that a water tower is necessary to serve this area in order to provide adequate water system operations to serve the additional units(both commercial and residential REC units)within the proposed development area. Although the Comprehensive Plan does identify a water tower southwest of the 1 Oth Street and Inwood Avenue intersection of the applicant's property, the land owner and the City have reached an agreement to site the tower roughly midway between 150'Street and 10`h Street along Inwood Avenue on land currently owned by the co-applicant(Inwood 10,LLC). The City Attorney is drafting a final agreement for the purchase of this land,and this agreement will need to executed prior to work commencing on the public improvements within the InWood PUD development. 2) 5"Street Design and Construction. The City's review of the preliminary development plans included a fairly extensive review of the proposed alignment and design of 5`" Street. The design that ultimately has been approved and recommended by the City Engineer includes a slightly tighter curve and transition between InWood and Boulder Ponds,and will result in a speed reduction notification at this curve. In general, Staff believes that this represents a fair compromise to ensure that the road is situated in a location that minimizes impacts to all adjacent properties, including the Bremer Bank Facility and Stonegate Park. In order to address the last remaining"gap"between Boulder Ponds and Inwood where four properties meeting, Staff is recommending that the developer be responsible for the design and construction of the road across the extreme southwestern comer of the Stonegate Park property. The City also needs to formally vacate a small portion of the parkland in order to provide the right-of-way necessary to bring the road across this property(or find another appropriate mechanism such as easements for the roadway). Staff will be working with the developer to finalize the construction plans for 51h Street and to deal with any other associated issues prior to the execution of a development agreement for the project. 3) Park Land Dedication and Trails. The overall trail plan has been revised form the original preliminary plat submission in order to address previous review comments.The one exception is the northern trail segment that will be required along 10`h Street. The developer is asking to address the specific alignment and location of this trail as part of a future project submission in order to more fully consider whether the trail should be constructed on the north or south side of 10`h Street. In general,there are valid reasons for choosing either BUSINESS ITEM 5B location,but ultimately,both Staff and the developer would like continue discussing this matter with Washington County prior to making any final decisions. 4) Inwood Avenue Improvements. Washington County has previously provided review comments to the City that describe the type of improvements that will be necessary at Inwood Avenue and 5th Street in order to support current and planned development around this intersection. Because these improvements will ultimately include a signalized intersection in this location, Staff is recommending that the developer share in the costs associated with the City's portion of any future signal improvements. All other improvements as recommended by the County will be the developer's responsibility to construct with the other public improvements. 5) General Review Comments. All other recommended conditions of approval relate to final details that must be addressed by the applicant and can be handled prior to release of the final plat for recording. In order to provide the Planning Commission with an update concerning the conditions associated with the preliminary plat and plans for InWood, Staff has prepared the following: Preliminary Plat Conditions—With Staff Update Comments(updated information in bold italics): 1) The applicant shall work with Community Development Director to name all streets in the subdivision in a manner acceptable to the City prior to the submission of final plat. Comments: Street naming within new subdivisions has been a point of discussion at the City Council level recently, and Staff is holding off on naming new streets in order to receive further direction from the City Council on this matter. In general, the City Council has not supported strict adherence to the County naming system, and would like to consider some additional options for streets that may align with each other without connecting. Since this is not a developer responsibility,Staff is recommending that the final street names be included on the final plat after further discussion on this subject with the City Council. 2) The City and the applicant shall reach an agreement concerning the location and dedication of land associated with the proposed water tower necessary to provide adequate water service to the InWood project area prior to the acceptance of a final plat for any portion of the PUD area. Comments: The final agreement concerning the water tower site is presently under review by the City Attorney as noted above and should be completed prior to the construction of public utilities within the project area. Since the final execution of the purchase agreement still needs to the finalized, this condition should be carried forward as part of the City's final plat decision. 3) The preliminary landscape plan shall be updated to address the review comments from the City's landscape architecture consultant as noted in a review letter dated November 18, 2014. Comments: The landscape plan has been updated and has been distributed to the landscape architect for final review. Any final comments should be incorporated into the plans prior to construction. The landscape plans will need to be updated to address the City's final design and standards for 5'Street(this information has been provided to the developer). The landscape architect is also asking for further documentation concerning the preservation and protection of trees in the eastern portion of the site. 4) Prior to the submission of a final plat for any portion of the InWood PUD,the developer shall reach agreement with the City to determine the appropriate park dedication calculations for the entire development area. Comments: The developer is indicated that the overall park land that BUSINESS ITEM 5B 8 will be dedicated as part of the development will total 12.49 acres, and has provided an analysis of the City's requirements taking into account the requirements for commercial development areas as well as residential areas. The developer's calculations have been included as an attachment to this report. Staff is concerned that the developer appears to be using a net acreage calculation whereas the City Code requires park land dedication to be calculated on a gross acreage basis. In either case,the updated preliminary plans show that 12.49 acres of park land will be dedicated with the plat. Any amount short of the requirements will need to be recovered as a fee in lieu of land dedication. Staff will work with the developer to finalize these numbers prior to the Planning Commission meeting. No park land is planned for dedication with the firstprojectphase;the developer's agreement will address the developer's obligations for future dedications as required by the City. 5) As part of any development agreement that includes improvements to one of the adjacent County State Aid Highways(CSAH 13 and 10th Street),the City and the developer shall determine the appropriate responsibility for the cost of these improvements. Comment: This condition will be addressed as part of a development agreement with the developer to construct the public improvements. 6) 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. Comment:the developer has met this condition and has commenced grading work on the site. 7) The applicant shall continue to work with the City on the final design of 5th Street,and in particular,the transition from the InWood PUD to properties located further to the east(including the Boulder Ponds development and land owned by Bremer Financial Services). Comment. The final plans include a final design for 5"Street that addresses the City Engineer's requirements. There will need to be final adjustments to the plans prior to final approval, however, the alignment and design as submitted addresses the previous review comments. Staff has noted the City action that will be necessary to connect the road across the southwest corner of Stonegate Park, and this action will be scheduled for a future Council meeting. 8) The utility construction plans shall be updated to incorporate the recommendations of the City Engineer concerning the appropriate location and size of sewer services through the PUD planning area,including any requested oversizing of these facilities to service adjacent properties. Comments: The plans have been updated accordingly. Final review will be required before construction may commence on the site. 9) The proposed public street access to 5th Street from Streets D2 and the southeast park area(Park 1)shall be eliminated from the preliminary development plans in order to bring the proposed spacing into conformance with the City's access spacing guidelines. The developer shall provide access into the park to the satisfaction of the City Engineer. Comments: The preliminary plans have been updated to remove these connections. 10)All center median planting areas as depicted on the preliminary plat and plans shall be owned by the City of Lake Elmo and 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,trails, or open space on the final plat. Comments: The maintenance agreement will be incorporated into the developer's agreement. BUSINESS ITEM 5B 9 11)The applicant must either move the planned north/south tail through Park 1 further to the west around an existing wetland area located approximately 400 feet south of 1 Oth Street or will need to work with the South Washington Watershed District to design a multi-purpose trail through the buffer area that complies with all applicable watershed district's requirements. Comments: The preliminary plans have been updated accordingly. 12)The Final Plat and Plans must address the requested modifications outlined in the City Engineer's review memoranda dated November 16, 2014 and November 24,2014. Comments: The City has received updated plans that have been reviewed and approved by the City Engineer. 13)The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within County rights-of-way as required by Washington County and further described in the review letter received from the County dated November 17, 2014. Comments: The plans have been updated and are pending final approval by the County. 14)Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat,the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design,construction,and payment of public improvements. Comments:A developer's agreement will be submitted to the City Council either with or shortly after the final plat is approved. 15)The developer must follow all the rules and regulations of the Wetland Conservation Act,and adhere to the conditions of approval for the South Washington Watershed District Permit. Comments: These requirements will apply for all project phases moving forward. The developer has secured a permit from South Washington Watershed District which has allowed grading to start on the site. 16)The developer shall provide landscape material along the west side of Pond#200 to the satisfaction of the City's landscape consultant. Comments: The landscape plan has been updated to incorporate additional plantings in this portion of the site. 17)The developer shall incorporate elements from the Lake Elmo Theming Study at the intersection of 5th Street and Inwood Avenue. Comments: The developer is proposing some unique theming elements along 5"'Street;however, these improvements are focused around the primary entrance into the residential subdivision and not at Inwood Avenue. Staff will discuss this matter with the development and City's landscape architect prior to the meeting. 18)The developer shall install a multi-purpose trail along 1 Oth Street between"Street B"and Inwood Avenue. Comments:Please refer to the Staff comments in the preceding section of this report. The final alignment for this trail is a decision that will need to be made at a future date. 19)The multi-purpose trail through the eastern buffer area shall be kept as far west on the applicant's property as possible, and the final alignment of this trail shall be subject to review by the City's landscape consultant. Comments: The final location of the trail attempts to balance the City's request for a larger setback with the goal of preserving as many trees as possible within this buffer area. Staff is recommending that final alignment of the trail be staked on the site and subject to further review and approval by the City. Staff is recommending certain conditions that been specifically identified as part of the final plat review,and that have not otherwise been addressed by the applicant,be addressed as part of the Planning Commission's recommendation to the City Council. 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 BUSINESS ITEM 5B 10 final plans complete. Of particular concern to the City Engineer is maintaining an appropriate setback between individual homes and storm water pipes being installed in rear yards. 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. Based on the above Staff report and analysis, Staff is recommending approval of the final plat and final development plans for phase one 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, sanitary and storm water management plans, landscape 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 memorandum dated April 23, 2015 shall be incorporated into these documents before they are approved. 2) Prior to the execution of the Final Plat by City officials,the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements for the InWood Final Plat and Final Development Plans with financial guarantees therefore. 3) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. 4) A Common Interest Agreement concerning management of the common areas of Inwood and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. The applicant shall also enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 5) The developer is encouraged to incorporate elements from the Lake Elmo Theming Study into the final design of the community mailboxes within InWood. 6) The applicant shall deed Outlots C,D,F, G,I and H to the City upon recording of the final plat. 7) The applicant shall work with Community Development Director to name all streets in the subdivision in a manner acceptable to the City prior the recording of the final plat. 8) The City and the applicant shall enter into a final purchase agreement concerning the location and dedication of land associated with the proposed water tower necessary to provide adequate water service to the InWood project area prior to the execution of a developer's agreement or the recording of the final plat. BUSINESS ITEM 5B 11 9) The final landscape plan shall be updated to address the review comments from the City's landscape architecture consultant and shall incorporate all design elements as specified in the City's 51h Street Standard Details and Design Book. 10)The developer shall update the final construction plans for 51h Street to include those portions of this road that will cross the southwest corner of Stonegate Park. 11)The developer shall update the final development plans to identify an alignment for a multi- purpose trail connection Street B to Inwood Avenue based on further review of this trail with the City of Lake Elmo and Washington County. 12)The final plat and final development plans shall include provisions satisfactory to the City that no structure be located within 15 feet of any storm water improvement(include pipes and catch basins). DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Easton Village Final Plat: • That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat have been met by the Applicant. • That the proposed Final Plat for InWood consists of the creation of 40 single-family detached residential structures. • That the InWood Final Plat and Final PUD Plan is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on December 2,2014. • That the InWood Final Plat and Final PUD Plan is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. • That the InWood Final Plat generally complies with the City's Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans. • That the InWood 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. • That the InWood Final Plat complies with the City's subdivision ordinance. • That the InWood Final Plat and Final PUD Plan complies with the City's Planned Unit Development Ordinance. BUSINESS ITEM 5B 12 • That the InWood 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 April 23, 2015. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Final Plat and Final Development Plans for InWood with the 12 conditions of approval as listed in the Staff report. Staff further recommends that the Planning Commission recommend approval of amendments to the City's Zoning Map to rezone land within the InWood PUD development area from RT Rural Transitional and as depicted in the"Zoning and Phasing Map"dated 2/16/15 and submitted by the developer to the following: • PUD Single Family: LDR—Low Density Residential • Future High Density Residential—HDR—High Density Residential • Future Commercial: C -Commercial Suggested motions: "Move to recommend approval of the requested Zoning Map Amendment for the In Wood planned development based on the findings of fact listed in the Staff Report." "Move to recommend approval of the In Wood Final Plat and Final PUD Plan with the 12 conditions of approval as drafted by Staff based on the findings of fact listed in the Staff Report." ATTACHMENTS: 1. City Engineer Review Comments—4/23/15 2. InWood Park Calculations(Provided by Developer) 3. Application Booklet—with Table of Contents a. PUD Final Plan b. Final Plat c. Application Forms d. PUD Narrative e. Phasing Plan f. Open Space Plan g. Grading Plan h. Storm Water Plan i. Utility Plan j. Landscape and Tree Preservation Plans k. HOA Documents 1. Example Home Elevations SUGGESTED ORDER OF BUSINESS: - Introduction........................................................................................Planning Staff - Report by Staff...................................................................................Planning Staff BUSINESS ITEM 5B 13 - Questions from the Commission............................Chair&Commission Members - Open the Public Hearing..................................................................................Chair - Close the Public Hearing..................................................................................Chair - Discussion by the Commission..............................Chair&Commission Members - Action by the Commission.....................................Chair&Commission Members BUSINESS ITEM 5B MEMORANDUM FOCUSENGINEERING, inc. Cara Geheren,P.E. 651.300.4261 Jack Griffin,P.E. 651.300.4264 Ryan Stempski,P.E. 651.300.4267 Date: April 23, 2015 Chad Isakson,P.E. 651.300.4283 To: Kyle Klatt, Planning Director Re: Inwood—PUD Final Plat and Revised Preliminary Plans From: Jack Griffin, P.E.,City Engineer An engineering review has been completed for the Inwood PUD Final Plat and Revised Preliminary Plan submittal for the Inwood PUD.The submittal consisted of the following documentation prepared by Carlson-McCain and E.G. Rud &Sons, Inc.: • Inwood PUD Preliminary Plan Set, Sheets 1-30, dated April 10, 2015. • Inwood Final Plat,dated March 26, 2015. STATUS/FINDINGS: Engineering has prepared the following review comments: REVISED PRELIMINARY PLAT • Additional utility easements are still required or other building restriction provisions are necessary to assure that no building can be constructed within 15 feet of a City utility pipe. Currently only 10 foot easements are provided for proposed storm sewer pipe along Lots 1-7 Block 2, Lots 1-7 Block 5, Lots 1-5 Block 9, Lots 12-21 Block 9, Lots 6-8 Block 10, and Lots 35-48 Block 10. Additional easement is also required for the southwest corner of Lot 12 Block 10. • Retaining walls are proposed within rear yard utility easements throughout much of the development. It should be clearly documented that the retaining walls remain within the ownership of the HOA even though they are within drainage and utility easements. It should be further documented that any and all costs associated with protection, replacement or maintenance of retaining walls due to any work in the easements by the City,shall be the full responsibility of the HOA. • The 12-inch trunk watermain along 10th Street, between Street B and the easterly plat limits should be relocated to the south side of the CSAH 10 R/W. The pipe should be placed within a utility easement dedicated to the City. • The plan note for the 5th Street horizontal curve on the preliminary site and grading plans must be revised to include "The westbound lane of 5th Street North shall include a 2.5% super elevation slope from STA 24+50 to STA 29+00 with 150 foot transitions on each end.The curve shall be posted with a 35 MPH Speed Advisory per MSA standards". INWOOD FINAL PLAT • Final Plat should be contingent upon the applicant expanding utility easements or other building restriction provisions to assure that no building can be constructed within 15 ft of a City utility pipe. Currently only 10 foot easements are provided for proposed storm sewer pipe along Lots 1-6 Block 1 and Lots 13-19 Block 2. PAGE 1 of 2 • Retaining walls are proposed within rear yard utility easements for Lots 7-12, Block 2(and for future Lots in Outlot E). It should be clearly documented that the retaining walls remain within the ownership of the HOA even though they are within drainage and utility easements. It should be further documented that any and all costs associated with protection, replacement or maintenance of retaining walls due to any work in the easements by the City,shall be the full responsibility of the HOA. • The design and construction of 5th Street North shall be completed in accordance with the City design standards for 5th Street including streetscape amenities consistent with the remaining corridor segments and the design standards previously established by the City. Design elements include a center landscape median,street lighting, and theming elements. FINAL CONSTRUCTION PLANS • No street and utility construction can occur on the site until the applicant has received City Engineer approval for the final construction plans, has obtained all applicable permits for the Subdivision, and has scheduled a preconstruction notice through the City's engineering department. • The Final Plat shall not be recorded until final construction plan approval is granted. • Final Construction Plans and Specifications must be prepared in accordance with the City Engineering Design Standards Manual using City details and specifications and meeting City Engineering Design Guidelines. • Final construction plan review comments will be provided separately to assist the applicant with the completion of Final Construction Plans. PAGE 2 of 2 Inwood Park Calculations Total Site Area 157.18 5th Street Right of Way 6.39 Wetlands and Ditch 0.96 Net Acres 149.83 Total Residential 114.7 Total Commercial 35.13 Total Net Acres 149.83 Inwood Land Area Single Family Land Area/including pond 95.71 High Density Residential 18.99 Total Residential 114.7 Park North of 5th Street Buffer and Parkland 12.11 Ponds 1.15 Wetland 0.23 Net Parkland 10.73 Park South of 5th Street 1.76 Total Parkland 12.49 Residential Required Park 11.47 Commercial Required Park Commercial Acres 35.13 Commercial Fee Per Acre $ 4,500 Total Park Fee $158,085 Land Dedication Equivalent 2.63 Total Park Required 14.1 Total Park Dedicated 13.4 Park Shortage (0.7) p a crr)'cx, LAKE ELMO City of Lake Elmo Planning Commission Meeting Minutes of April 27, 2015 Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Dodson, Kreimer, Larson, Dorschner and Fields COMMISSIONERS ABSENT: Williams, Griffin and Haggard STAFF PRESENT: Community Development Director Klatt and City Planner Johnson Approve Agenda: The agenda was amended to move the Village Preserve Final Plat before the freeway sign code amendment. Approve Minutes: April 13, 2015 M/S/P: Dorsch ner/Fields move to approve minutes as presented, Vote:5-0, motion carried unanimously. Public Hearing: Final Plat and Final PUD Plans—Inwood PUD Klatt began presentation by discussing the requested Zoning Map Amendment. Klatt presented the phasing plan of the InWood Development. The first phase of the development includes 40 lots located in the central portion of the site. In addition, the first phase includes the entire construction of 5th Street from Inwood Ave. (CSAH 13)to the Boulder Ponds development. Klatt noted that the construction of the loth street trail is not shown on the plans. He noted that the developer and City would like to further discuss the location and design of the loth Street trail prior to completing the design work. With 5 subsequent phases to the development anticipated, staff is comfortable that this improvement is not shown at this time. Klatt talked about the landscape plan changes. Klatt moved on to discuss the critical issues, starting with the water tower site. He noted that the co-applicant owns the site north of loth Street, which is the proposed location for the water tower.The City and the landowner are close to finalizing a purchase Lake Elmo Planning Commission Minutes; 4-27-15 2 agreement for the water tower site. The site has been surveyed and soil borings have been taken to confirm that a water tower can be built on the site. The next critical issue is the design and construction of 5th Street. Klatt noted that the curve into the Boulder Ponds development will include a reduced speed, while maintaining a safe design. In addition, it will be necessary to vacate a small portion of the Stonegate Park as part of dedicating the necessary right-of-way at the pinch point. With regards to the parkland dedication and trails, Klatt noted that the buffer trail will need to be field staked in order to determine the best alignment that reduces impacts to existing trees and is closer to the Inwood development than the Stonegate neighborhood. In addition, staff worked with the applicant to submit an updated parkland dedication calculation. Upon review of the proposal, it was determined that the applicant was 0.8 acres short. Staff is confident this can be addressed via fees in lieu of land dedication as part of the developers agreement. Related to Inwood Ave., Klatt shared that a traffic signal will be required at the intersection of 5th Street and Inwood at some point in the future. Staff is recommending that the applicant contribute to the City's portion of the traffic signals when they need to be constructed. In addition, the applicant must finalize plans for improvements to Inwood Ave. as directed by Washington County. Klatt noted that staff is recommending approval of the Final Plat and Final PUD Plan. He then summarized the 12 recommended conditions of approval. Also, he presented the draft findings for approval of the Inwood final Plat and Final PUD Plan. Klatt presented the two recommended motions. Kreimer asked about the location of the improvements, noting that phase 1 platting does not include areas south of 5th Street. Klatt noted that this area is being platted as an outlot, and utility connections will need to be made to Eagle Point Boulevard. Kreimer asked about the timing of improvements in Eagle Point Blvd. given that the Eagle Point will be reconstructed this year. Klatt and Johnson noted that these construction activities will be coordinated between the private and public projects to the best extent possible. Kreimer asked about the number of units to be approved prior to water connection being made down Inwood Avenue. Klatt noted the City has to ensure that the total number of units approved does not exceed the water allowance provided by Oakdale prior to the Inwood watermain extension being completed. Dorschner asked about the timing of subdivision for lots around Street I. Klatt noted that the street is being platted, but lots around that area are not. Lake Elmo Planning Commission Minutes; 4-27-15 3 Dodson asked about the utility easement down to Eagle Point Blvd, wondering if the street will be constructed. Klatt noted that the street would be constructed as part of a future phase. Dorschner asked about 5th street connection to Inwood. Klatt explained that it remains a condition of preliminary plat approval. He also noted that a County access permit is required. Dorschner asked when the costs for the traffic signals would be recovered. Klatt noted that the final trigger will be spelled out in the development contract. Dodson asked about the street names. Klatt noted that the City Council is reviewing the City's policy with street names. Staff needs further direction from the Council to ensure that the proposed street names meet the Council's expectations. Dodson asked if any intersections in 5th Street would need signalization. Klatt shared that certain intersections may warrant signals into the future, but staff is not anticipating that these warrants will be met in the near term. Kreimer asked about critical issue#2. Klatt noted that this issue is addressed in Condition #10. Further details of the construction will be included in the developer's agreement. Dorschner asked about the ownership of the retaining walls, noting that it is a specific requirement described by the City Engineer. Dorschner recommended an additional condition of approval that the retaining walls be owned and maintained by the HOA. John Rask, Hans Hagen Homes, spoke about the berms and 10th Street trail. He noted that the County is planning a regional trail to connect Oakdale to Lake Elmo Park Reserve. Further study and planning needs to be completed on the part of the County, but it is likely that this trail would be accommodated on the north side of 10th Street. Rask also addressed the platting of lots in the 4th cul-de-sac. He noted that it was a function of breaking the construction up into clear breaks. Finally, regarding theming, Rask noted that the uses near the 5th Street and Inwood Ave. intersection are not yet known.The landowners feel that entry features can be better identified once uses are identified. It should be noted that there are entry features at Street B and 5th Street. Dodson asked about the 15-foot separation between storm water pipes and structures. Rask explained that there are drainage pipes in backyards with retaining walls and Klatt also stated that the City Engineer is asking for easements to ensure that separation as well. Dodson asked about parkland dedication. Rask noted that the dedication requirement is an educated guess at this point, because the future phases of the total development, mainly high density residential and commercial uses, are still up in the air. Dodson asked how the collection of parkland dedication occurs, either as a total figure or prorated Lake Elmo Planning Commission Minutes; 4-27-15 4 figure. Klatt noted that statute allows either approach, and parkland dedication is finalized in developer's agreement. Dodson asked about the phasing, Klatt responded. Public Hearing opened at 8:15pm. No one spoke. No written correspondence was received. Public Hearing closed at 8:16pm. Dorschner suggested an additional condition of approval. M/S/P: Dorschner/Kreimer, move to require that retaining walls within rear yard utility easements be clearly documented and owned and maintained by the HOA, Vote:5-0, motion carried unanimously. M/S/P: Dorschner/Dodson, move to recommend approval of the zoning map amendment of Inwood based on the findings of fact listed in the staff report, Vote:5-0, motion carried unanimously M/S/P: Dorschner/Larson, move to recommend approval of the Inwood Final Plat and PUD Plan with the 13 conditions of approval as drafted by Staff based on the findings of fact listed in the Staff Report, Vote:5-0, motion carried unanimously. Business Item:Village Preserve Final Plat Johnson presented an overview of a request for approval of a final plat for Village Preserve. Phase 1 will include 46 single family homes. He stated that the developer of the project does own several parcels within the Village Planning Area and has decided to proceed with development in the northern portions of the Village area prior to other parcels. Johnson noted that the final plat eliminated 6 lots and therefore lowered the overall project density somewhat from the preliminary plat. Johnson reviewed the critical issues identified through the staff review, which included discharge of storm water to the north of the project site, completion of the Eastern Village Trunk Sewer project, and other joint and external improvements necessary to serve the development. Most of the critical issues are related to the completion of broader development plans for the Village and are either under construction or going through final plan review in conjunction with the Village Preserve final plat. Johnson stated that Staff is recommending approval of the final plat with 11 conditions of approval. He reviewed the proposed conditions with the Commission, and indicated that staff is recommending a modification to Condition#10 concerning the timing of the regional public improvements to clarify the intent of the model home permit allowances. 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O3 - � "- I �1 7 1 1 I 1 €lo_ I er°° Puv�(�r'k sr P �'$d f'� .•T ' I• or at r°t 1 I 4Ci '°•- j�_--la r�4 4b m, `/-�• d O at I y,sj y�• $a'ry Po'.oa p / 11 39 1 •e g31 X 1 2 i .. By,fP .•d'r,e 5, � � Lps�K�• C a v C 5L-9a-e 10 sn 0I0aoa]UNO Ad09 ABVNIWI138d 0 b1l ED ITI 91 a 9m L 19 0 Co co2:s us I us C'm gig bg A_______________________ — -------------------------------------------- ------------ — A—.FO.OaY or"m MIUM.3 d3O.3 -w4v: 7- i ........... —————————————— -- m -------iL-�L_._.------- IL GFE-C 10 SV 0310HOONNO AdOO AUVNlW1138d INWOOD LOT SUMMARY TABULATIONS 26-Mar-15 Lot# Block# Area (sq.ft.) Lot Width Lot Depth Lot# Block# Area (sq.ft.) Lot Width Lot Depth 1 1 11,055 76.8 143.8 10 2 4,766 38.0 125.4 2 1 6,953 50.0 138.8 11 2 6,588 50.0 131.8 3 1 5,001 38.0 131.3 12 2 12,663 70.0 140.5 4 1 7,550 50.3 120.4 13 2 11,999 70.0 174.4 5 1 12,418 59.3 137.5 14 2 8,879 50.0 179.0 6 1 12,148 75.1 131.1 15 2 7,914 50.0 158.3 7 1 20,895 65.5 156.4 16 2 5,301 38.0 139.4 8 1 6,616 38.0 177.0 17 2 6,431 50.0 127.8 9 1 9,261 50.0 185.6 18 2 6,437 50.0 128.7 10 1 7,402 38.0 195.0 19 2 13,242 61.8 151.8 11 1 16,688 78.8 195.1 20 2 10,283 59.8 130.4 1 2 9,322 70.0 120.0 21 2 7,761 58.0 133.5 2 2 4,560 38.0 120.0 22 2 29,235 61.2 194.3 3 2 6,000 50.0 120.0 23 2 14,653 59.0 196.7 4 2 6,000 50.0 120.0 24 1 2 9,753 50.0 195.0 5 2 5,957 50.0 122.9 25 2 10,643 50.1 195.0 6 2 15,637 93.2 150.5 26 2 11,184 50.2 195.2 7 2 14,738 75.5 193.7 27 2 7,424 38.0 195.4 8 2 6,664 50.0 134.5 28 2 9,754 50.0 195.1 9 2 6,311 1 50.0 1 126.2 29 1 2 1 17,620 1 82.6 195.0 TOTAL 1 403,706 OUTLOT Area (sq.ft.) RIGHT OF WAY Area (sq.ft.) A 1,020,226 5TH STREET N 278,281 B 475,345 10 STREET N 147,396 C 368,715 RESIDENTIAL 173,437 D 1 276,158 TOTAL R/W 1 599,114 E 169,384 F 14,144 ITOTAL SITE AREA 6,846,959 G 5,493 H 2O,499 1 6,248 Please Note: Lot widths shown represent the J 2,075,675 width of the lot at the proposed house location. K 755,855 L 527,721 M 84,320 N 44,356 TOTAL 5,844,139 E.G. Rud &Sons, Inc. Job No. 13777PP t3af ftaoeived 'rt-t[: y'ry cm: 651-747-3900 ReOlved Oy: LA K L ELMO 3$00 LaMeAwueNorih f'8rmif#; _ LN%Elan,Mid 65042 LAND USEAPF)LICATION ❑1t;omprehensive Plan 0 Zoning District Amend ❑ Zoning Text Amend ❑ Vafiancek(see below) ❑Zoning Appeal EJ Conditional(Ae Permit(C.U.P•) ❑ Flood Plain G.U.P. ❑ Interim Use Permit(LU,P.) ❑Exoavatingi'Grading ❑ Lot'Line Adjustment ❑ Minor SubdivWoh d Residential Subdivision Wtch/concept Plan ❑ PU[)C(5nceptPlan ❑ PUD Prelirnibary'Plan p PUD Final Plen Applicant: Address; `1'- f, t,: % I-e0i "�)Q Phone Email Address; _��.ea,� �za�� v, Fee Owner: ='",ft Address; — Plione 4 ,. — w 61 —7 J Email Address; -,A !z . _ 6:2 _x ..ev Property Location(Addre." and Cbmplete(long)Legal.Descaption: F -' - �>r f'✓ __ — Detailod Reasop for Request: .. —�` `' �` •uariance fZequests: AsoutGtiet3 fri Section 301 AGO .rf thff Lka Elmo Municipal Coda,the applicant.must demonstrate pfaclloW difficulties befbi�a varlanOcan be granted. The�practical difficulties related to this application and as follows: In signing this application,I hefeby.acknowledge that I have read and fully understand the applicable provisions bf lire ZONnq o4hiando slid Current admInis6' M procedures. I fortlier-OnbWedge the fee expitdnat bh as outlined in the appll�atlon proi4ddras acid hereby agree:to p4y.ali statements Weived: -the City pertaininglaaathtlonal application expense. Signatple of appffcant: "'" Dates ✓ �. t .. 2615- Signature of f?a Omer, �°—� ��— —Data,, LAKEELMO Lake-Elmo City Hall 651-747-39ob 3800 L&amAenueWh Lake SO,MN 55042 AFFIRM TION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Wn.e of applicqnL / ie—j-. Please Pr?nt) Street bddt6W1egal description of•subject propert Signaturo Date If you'are not the fee owner, attach another Copy of this form which has been completed by the fee owner ora copy of'Voqr 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 sjbint venture or parthorship is the fee owner,attach a copy of agrQemerit-authorizing this action on behalf of the j*t venfwe or partnership. Revised 31131414 9:12 AM Dafe'Received: -f't Ik: CITY Op Received By. I A K E E L M LU Ha4l .. '651-747.-3900 3800 Lai0-n6AWu6Ncdh Lakeurml MN 55042 FINAL PLAT.APPLIGATION Applicai5.t: ,s Address: Phone#: . 3,S"7Z- 2 2,a;z Email Address; en 3 k. V � �4,b Fee Owner: ./0 Address: 15T ✓'`�1ryr1t, -� �' �.or''• �� Email Address: Ag--X, ,,, A-a4. ri,, „ : �,. i �� _c.v:•�.. Property Location (Address and Complete(long)Legal Description: 4t 'r :t .� 21 Cenbrat.ihformation of proposed subdivision; In signing this.appildstion,f hereby ecknowledge that I have read QAd fully understand the applicable provisions oflhe Zoning Ordinance and current administratiVr procedures: t further ackhdMedge the fee explanation as outlined In the application prasddW► s and herebypgree io ply all staternelits.reoeived.w.n the City.perlobling to additional ap Itea(f4 sense. Signatgr&0f,applicarit: . �"""" Date: `^ Fee Owner Si nature Date: /6 Atsit Zd 15-" Revised 31121200106 NA I-] I C I 1 y-0.F'* tAKEELMO Lake Elmo City Hall 651-747-3900 3800 LavamaAmuMA L8%9 Elft MN W4.2 AFFIRMA TION OF SUFF104ENT INTEREST I hereby affirm that I am the fee title owner of the below descrtbad property or that I have Mitten authorizolion from the-owner to pursue the described action. Name.of applicant_ r,-gx/ Z L (Please Print) Street addr%6/10gal description of subject property. X./Z:- -7? /0 M/Ae-4 20/5- 8ignature Dote If you arefibf the fee owner, attach another copy of this form which has been completed.by the fee owner or.a Wpy ot your authorlzotion to pursue this action. If a corporation.61s fee title holder,attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture prortmership is the fee owner, attach a copy of agreement authorizing this action on behalf of VYe joint ventUte or partnership. ke*ad a/1312014 9:12 Am THE;CITY 01 I A KEELMO Lake Ehb City Hall W-747-3900 3800 La�wa Afte Wh Lake8n,MN 55042 ACKNOWLEDGEMENT OFRESPONSIBILITY This 1-5- to certify.that I am making application for the described action by the City and that I am responsible for complying with A City reqtlli-ements with regard to this request. This application should be processed in my name and I arrithe party whom the City should contact regarding any matter pertaining to this,application., I have read and understand the instructions supplied for processing this application, The doDuments and/or information I Rave submitted are true and correct to the.best of my khawledge. j Will keep myself Informed of the deadlines for submission of material and of the pro gress-of this application. I understand that this application may be reviewed by City staff and consultants, I further understand that additional inforMafion,.including,but not limited to, traffic analysis and expert testimony may be required for review)6f fl�js application.. I agree'to.pay to th.0 City upon demand, expenses, determined by the City, that ,the Clty incurs in reviewing this application and shah provide an escrow deposit to the City ltt.an amount to be determined by the City, Said expenses shall include, but are not limited to,staff time, engineering,legal expenses and tither consultant;expense& I agree(o allow-access by Q%,personnel to the property for purposes of review of my application.. Signature of applicant Date— Name of voicw le— Phone (Please Print) Name and.8ddress of Contact(if other than applicant} ReYiPed 31(3014 OM AIA Final Plat Narrative Hans Hagen Homes March 9, 2015 2, Written Statements a. List of contact information: Applicant John Rask Hans Hagen Homes 941 NE Hillwind Road, Suite 300 Fridley, MN 55432 763-586-7200 Property Owner Tom Schuette Inwood 10 LLC 95 South Owasso Blvd. E St. Paul,MN 55117 651-484-0070 Surveyor Dan Obermiller EG Rud and Sons, Inc. 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 651-361-8200 Civil Engineer Brian Krystofiak,PE Carlson McCain, Inc. 248 Apollo Drive, Suite 100 Lino Lakes, MN 55014 763-489-7905 Wetland Consultant Melissa Barrett Kjolhaug Environmental 26105 Wild Rose Lane Shorewood, MN 55331 952-401-8757 1 b. A listing of the following site data:Address, current zoning,parcel size in acres and square feet,property identification number(s) (PID), and current legal description(s); See attached. c. Final Subdivision and Lot Information i. InWood ii. Lot Tabulation—see attached plat. iii. There is no park land dedicated in this first phase. iv. Outlot A wetland is 17,773 sq. ft.,buffer is 16,089 square feet Park 1 wetland is 1,929 sq. ft.,buffer is 11,173 square feet Outlot B wetland is 6,425 sq. ft.,buffer is 10,259 square feet v. 13.75 acres of public right-of-way. d. An explanation of how issues have been addressed since the Preliminary Plat phase of the development; The final plat is consistent with the prelimin-iry plat and conditions of approval. e. A statement showing the proposed density of the project with the method of calculating said density shown (Below numbers are based on all the single family lots, and not just this phase); i. Single Family land use area of the overall plat includes 102.9 acres (first phase plat includes 9.27 acres excluding right-of-way.) ii. 275 total single family homes (40 in first phase). iii. Single Family Gross Density of 2.7 units per acre iv. Single Family Net Density of 3.0 units per acre(excludes park land) f. Discuss proposed infrastructure im movements and phasing thereof(i.e. proposed roadways, sewer systems, water systems, sidewalks/trails,parking, etc) necessary to serve the subdivision; The first phase will include the construction of 5`h Street,a portion of Street B, and all of streets L, K,J,and I. Sewer and water will be installed within the roads. Municipal sanitary sewer and water and will be extended from the south connecting to Eagle Point Boulevard. Municipal Water will be extended from both the south and west. The City is planning the construction of a trunk water main along Inwood in the summer 2 of 2015. The neighborhood will connect to this main along with a connection in the Eagle Point Business Park. Sidewalks and trails will be installed along 5`h Street in the first phase of development. A portion of the trail in the buffer area along the eastern edge of the property will be constructed in the first phase in 2015. Sidewalks will be installed on both sides of Street B for the portion of road being constructed in this first phase. g. A narrative addressing concernslissues raised by neighboring properties (discussing your proposal with the neighboring land owners is recommended to get a sense of what issues may arise as your application is processed); Neighborhood input was provided during the PUD Concept Plan review stage. Comments generally related to concerns over the extension of municipal services in this area of the community and the impacts that come along with changes to land use. The land uses and density of the Inwood neighborhood are consistent with the City's Comprehensive Plan,and not changes are necessary as a result of the Preliminary Plat application. Hans Hagen Homes has also designed the neighborhood to lessen the impacts on adjacent property owners, as well as to enhance the neighborhood for future residents. These design features include: i. A linear park along the eastern edge of the property that exceeds the City's initial standard of 100 feet. The Inwood linear park varies from 100 feet to over 200 feet. ii. The lots and streets were orientated east/west with cul-de-sac lots backing to the linear park. There are only 19 lots that back up to the linear park over a distance of 2,640 feet. Under standard zoning,there could be 40 lots backing up to the buffer. iii. Additional land for a neighborhood park adjacent to the existing Stonegate development.This park will serve the needs of residents living in Inwood as well as the neighborhoods to the east. iv. Landscaped berms along 10`h Street, 5'h Street, and along a portion of the western edge of the neighborhood. h. A description of how conflicts with nearby land uses (livability, value, potential future development, etc.) andlor disturbances to wetlands or natural areas are being avoided or mitigated, The Inwood neighborhood is consistent with the City's Comprehensive Plan which provides for a graduation of land use intensities over the site. North of the 5'h Street parkway will be single family homes. Transitioning to the west 3 will be commercial. The neighborhood plan for InWood provides a large pond and berms to help transition between the commercial and single family neighborhood. The Inwood neighborhood plan avoids and preserves the three wetland basins found on the site. While these wetlands are currently farmed and significantly degraded, it's our intent to restore them with native vegetation. i. Provide justification that the proposal will not place an excessive burden on roads (traffic), sewage, water supply,parks, schools,fire,police, or other public facilities/services (including traffic flows) in the area. The City's Comprehensive Plan provides for the planned and orderly growth of the community by making sure that the necessary infrastructure and services are in place as growth occurs. Because the proposed neighborhood is consistent with the City's Comprehensive Plan,no impacts or excessive burdens are anticipated to the roads,public utilities, or public services. A detailed traffic study was prepared as part of the EAW, and found no traffic impacts that could not be mitigated. The majority of the homes in the neighborhood will not contain school age children. As such,no impacts are anticipated to the North St. Paul school district. j. Ifapplicable,provide a description ofproposed Lakeshore access C.e. shared dock with multiple slips, individual docks for each lot, etc.); Not applicable. k A description ofproposed parks and/or open space. Please include a brief statement on the proposed ownership and maintenance of said areas; The neighborhood will include approximately 14.5 acres of public parkland. Overall,the neighborhood includes approximately 49 acres of open spaces, including public park,trail corridors,landscaped berms,ponding, infiltration areas,wetland preservation areas, and private open space. The private open space and infiltration areas will be maintained by a homeowners association. 1. 4 proposed development schedule indicating the approximate date when construction of the project, or stages of the same, can be expected to begin and be completed(including the proposed phasing of construction of public improvements and recreational and common space areas). 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Inwood Tree Inventory October 10, 2014 Revised February 27, 2015 Revised April 16, 2015 H m- emnao Hr) %NOSY Tree Inventory by: Ken Arndt Forest Ecologist/Wetland Specialist Midwest Natural Resources, Inc. 1032 West Seventh St. #150 St. Paul, MN 55102 (651)-788-0641 Tree Preservation Plans provided by: P I NEERen ineerin 2422 Enterprise Drive Mendota Heights, MN 55120 651-681-1914 Tree Tag# Size (" dbh) Common Name Scientific Name Native/Non- Notes Remove Save Native (inches) (inches) 677 12 American elm Ulmus americana Native 12 678 15 Green Ash Fraxinus pennsylvonica Native 15 679 44/24 Cottonwood Populus deltoides Native 68 680 38 Cottonwood Populus deltoides Native 38 681 22 Cottonwood Populus deltoides Native 22 682 28/16 Cottonwood Populus deltoides Native 44 683 12 Cottonwood Populus deltoides Native 12 684 18 Cottonwood Populus deltoides Native 18 685 27 Cottonwood Populus deltoides Native 27 686 19 Cottonwood Populus deltoides Native 19 687 24 Cottonwood Populus deltoides Native 24 688 25 Cottonwood Populus deltoides Native 25 689 22 Cottonwood Populus deltoides Native 22 690 14/12 Cottonwood Populus deltoides Native 26 691 21 Cottonwood Populus deltoides Native 21 692 25 Cottonwood Populus deltoides Native 25 693 20 Cottonwood Populus deltoides Native 20 694 17 Cottonwood Populus deltoides Native 17 695 25/23/21 Cottonwood Populus deltoides Native 69 696 20/20 Cottonwood Populus deltoides Native 40 697 19 Cottonwood Populus deltoides Native 19 698 20 Cottonwood Populus deltoides Native 20 699 15 Cottonwood Populus deltoides Native 15 700 16 Cottonwood Populus deltoides Native 16 701 14 Cottonwood Populus deltoides Native 14 702 21 Cottonwood Populus deltoides Native 21 703 12 Cottonwood Populus deltoides Native 12 704 12 Cottonwood Populus deltoides Native 12 705 13/8 Box Elder Acernegundo Native 21 706 15 Box Elder Acernegundo Native 15 707 25 Cottonwood Populus deltoides Native 25 708 20/18/18 Cottonwood Populus deltoides Native 56 709 17 Cottonwood Populus deltoides Native 17 710 21 Cottonwood Populus deltoides Native 21 711 21 Cottonwood Populus deltoides Native 21 712 18 Cottonwood Populus deltoides Native 18 713 22/22 Cottonwood Populus deltoides Native 44 714 17 Cottonwood Populus deltoides Native 17 715 23 Cottonwood Populus deltoides Native 23 716 19 Cottonwood Populus deltoides Native 19 717 22 Cottonwood Populus deltoides Native 22 718 18 Cottonwood Populus deltoides Native 18 719 17 Cottonwood Populus deltoides Native 17 720 12 Cottonwood Populus deltoides Native 12 721 12 Cottonwood Populus deltoides Native 12 722 18 Cottonwood Populus deltoides Native 18 723 19 Cottonwood Populus deltoides Native 19 724 16 Cottonwood Populus deltoides Native 16 725 19 Cottonwood Populus deltoides Native 19 726 16 Cottonwood Populus deltoides Native 16 727 20 Cottonwood Populus deltoides Native 20 728 21 Cottonwood Populus deltoides Native 21 Tree Tag# Size (" dbh) Common Name Scientific Name Native/Non- Notes Remove Save Native (inches) (inches) 729 15 Cottonwood Populus deltoides Native 15 730 16 Cottonwood Populus deltoides Native 16 731 16 Cottonwood Populus deltoides Native 16 732 15 Cottonwood Populus deltoides Native 15 733 19 Cottonwood Populus deltoides Native 19 734 21 Cottonwood Populus deltoides Native 21 735 25 Cottonwood Populus deltoides Native 25 736 21 Cottonwood Populus deltoides Native 21 737 27 Cottonwood Populus deltoides Native 27 738 13 Box Elder Acernegundo Native 13 739 24 American elm Ulmus omericana Native 24 740 38 Cottonwood Populus deltoides Native 38 741 20/13/13 Silver Maple Acer saccharinum Native 46 742 19/17/17/17 Silver Maple Acersaccharinum Native 70 743 16 Box Elder Acernegundo Native 16 744 27/27 Silver Maple Acersaccharinum Native 54 745 17 American elm Ulmus americano Native 17 746 36 Cottonwood Populus deltoides Native 36 747 48 Cottonwood Populus deltoides Native 48 748 20/15 Cottonwood Populus deltoides Native 35 749 16 Cottonwood Populus deltoides Native 16 750 12 Willow Salix spp. Native 12 751 15 American elm Ulmus americans Native 15 752 17 Silver Maple Acersaccharinum Native 17 753 40 Cottonwood Populus deltoides Native 40 754 32/32 Cottonwood Populus deltoides Native 64 755 25 Cottonwood Populus deltoides Native 25 756 32/30/30/15 Cottonwood Populus deltoides Native 107 757 50/30/21 Cottonwood Populus deltoides Native 101 758 38/24 Cottonwood Populus deltoides Native 62 759 42 Cottonwood Populus deltoides Native 42 760 40 Cottonwood Populus deltoides Native 40 761 16 Box Elder Acer negundo Native 16 762 25/24 Cottonwood Populus deltoides Native 49 763 18 Cottonwood Populus deltoides Native 18 764 15 Cottonwood Populus deltoides Native 15 765 12 American elm Ulmus omericana Native 12 766 30 Cottonwood Populus deltoides Native 30 767 12 Box Elder Acer negundo Native 12 768 12 Box Elder Acer negundo Native 12 769 12 Box Elder Acer negundo Native 12 770 18/17/14/12 Willow Salix spp. Native 61 771 18 Cottonwood Populus deltoides Native 18 772 15 Cottonwood Populus deltoides Native 15 773 26 Cottonwood Populus deltoides Native 26 774 31 Cottonwood Populus deltoides Native 31 775 32 Cottonwood Populus deltoides Native 32 776 21 American elm Ulmus americana Native 21 777 21 Box Elder Acernegundo Native 21 778 42 Cottonwood Populus deltoides Native 42 Tree Tag# Size (" dbh) Common Name Scientific Name Native/Non- Notes Remove Save Native (inches) (inches) 779 38 Cottonwood Populus deltoides Native 38 780 37 Cottonwood Populus deltoides Native 37 781 24 Cottonwood Populus deltoides Native 24 782 33 Cottonwood Populus deltoides Native 33 783 17 Cottonwood Populus deltoides Native 17 784 17 Cottonwood Populus deltoides Native 17 785 14 Cottonwood Populus deltoides Native 14 786 13 Cottonwood Populus deltoides Native 13 787 12 Cottonwood Populus deltoides Native 12 788 12 Cottonwood Populus deltoides Native 12 789 14 Cottonwood Populus deltoides Native 14 790 18 Cottonwood Populus deltoides Native 18 791 15 Cottonwood Populus deltoides Native 15 792 12 American elm Ulmus americana Native 12 793 15 Cottonwood Populus deltoides Native 15 794 20 Cottonwood Populus deltoides Native 20 795 22 Cottonwood Populus deltoides Native 22 796 19 Cottonwood Populus deltoides Native 19 797 16 Cottonwood Populus deltoides Native 16 798 18 Cottonwood Populus deltoides Native 18 799 12 Cottonwood Populus deltoides Native 12 800 14 Willow Solix spp. Native 14 801 17 Cottonwood Populus deltoides Native 17 802 16 Cottonwood Populus deltoides Native 16 803 17 Cottonwood Populus deltoides Native 17 804 18 Cottonwood Populus deltoides Native 18 805 17 Cottonwood Populus deltoides Native 17 806 12 American elm Ulmus americana Native 12 807 12 American elm Ulmus americana Native 12 808 12 American elm Ulmus americana Native 12 809 20 Cottonwood Populus deltoides Native 20 810 21 Cottonwood Populus deltoides Native 21 811 24/20/18 Willow Salix spp. Native 62 812 23 Willow Salix spp. Native 23 813 13/10 Bur Oak Quercusmocrocarpa Native 23 814 14 Bur Oak Quercus macrocarpa Native 14 815 27 Bur Oak Quercus macrocarpa Native 27 816 25 Bur Oak Quercus macrocarpa Native 25 817 16 Black Cherry Prunus serotina Native 16 818 16/13 Box Elder Acer negundo Native 29 819 28 Cottonwood Populus deltoides Native 28 820 14 Siberian Elm Ulmus pumila Non-Native 14 821 15 Siberian Elm Ulmus pumila Non-Native 15 822 13 Siberian Elm Ulmus pumila Non-Native 13 823 15 Siberian Elm Ulmus pumila Non-Native 15 824 15 Siberian Elm Ulmus pumila Non-Native 15 825 16 Siberian Elm Ulmus pumila Non-Native 16 826 16 Siberian Elm Ulmus pumila Non-Native 16 827 14 American Elm Ulmus americana Non-Native 14 Tree Tag# Size (" dbh) Common Name Scientific Name Native/Non- Notes Remove Save Native (inches) (inches) 828 13 Siberian Elm Ulmus pumila Non-Native 13 829 12 Siberian Elm Ulmus pumila Non-Native 12 830 12 Siberian Elm Ulmus pumila Non-Native 12 831 12 Siberian Elm Ulmus pumila Non-Native 12 832 17 Siberian Elm Ulmus pumila Non-Native 17 833 12 Siberian Elm Ulmus pumila Non-Native 12 834 18/17/13 Siberian Elm Ulmus pumila Non-Native 48 83S 20/16/16 Siberian Elm Ulmus pumila Non-Native 52 836 13 Box Elder Acernegundo Native 13 837 15 Siberian Elm Ulmus pumila Non-Native 15 838 12 Box Elder Acernegundo Native 12 839 12 Box Elder Acernegundo Native 12 840 12 Box Elder Acernegundo Native 12 841 12 Siberian Elm Ulmus pumila Non-Native 12 842 12 Siberian Elm Ulmus pumila Non-Native 12 843 14 Siberian Elm Ulmus pumila Non-Native 14 844 13 Box Elder Acernegundo Native 13 845 12 Box Elder Acernegundo Native 12 846 12 Box Elder Acernegundo Native 12 847 19/19/16/13 Silver Maple Acersaccharinum Native 67 848 17 Box Elder Acernegundo Native 17 849 12 Silver Maple Acersaccharinum Native 12 850 20/19/15 Box Elder Acernegundo Native 54 851 19 Box Elder Acernegundo Native 19 852 16 Box Elder Acernegundo Native 16 853 12 Box Elder Acernegundo Native 12 854 12 Box Elder Acer negundo Native 12 855 13 Box Elder Acernegundo Native 13 856 0/17/17/17/16/1 Silver Maple Acersaccharinum Native 99 857 12 Box Elder Acernegundo Native 12 858 12 Silver Maple Acersaccharinum Native 12 859 19 Green Ash Fraxinus pennsylvanica Native 19 860 18 Green Ash Fraxinus pennsylvanica Native 18 861 14 Siberian Elm Ulmus pumila Non-Native 14 862 12 Siberian Elm Ulmus pumila Non-Native 12 863 13/12 Siberian Elm Ulmus pumila Non-Native 25 864 13 Siberian Elm Ulmus pumila Non-Native 13 865 18 Siberian Elm Ulmus pumila Non-Native 50%dead excl 866 12 Green Ash Fraxinus pennsylvanica Native 12 867 13 Green Ash Fraxinus pennsylvanica Native 13 868 20 Green Ash Fraxinus pennsylvanica Native 20 869 17 Siberian Elm Ulmus pumila Non-Native 17 870 15 Siberian Elm Ulmus pumila Non-Native 15 871 12 Green Ash Fraxinus pennsylvanica Native 12 872 12 Siberian Elm Ulmus pumila Non-Native 12 873 14 Siberian Elm Ulmus pumila Non-Native 14 874 15 Siberian Elm Ulmus pumila Non-Native 15 875 1 12 Siberian Elm Ulmus pumila Non-Native 12 876 1 14/13 Siberian Elm Ulmus pumila Non-Native 27 Tree Tag# Size (" dbh) Common Name Scientific Name Native/Non- Notes Remove Save Native (inches) (inches) 877 12 Siberian Elm Ulmus pumila Non-Native 12 878 15 Box Elder Acernegundo Native 15 879 24/18 Silver Maple Acersaccharinum Native 42 880 12 Silver Maple Acersaccharinum Native 12 881 16 Silver Maple Acersaccharinum Native 16 882 15 American Elm Ulmus americans Native 15 883 12 Silver Maple Acersaccharinum Native 12 884 18/15 Silver Maple Acersaccharinum Native 33 885 20 American Elm Ulmus americana Native 20 886 17 Silver Maple Acersaccharinum Native 17 887 12 Box Elder Acernegundo Native 12 888 15 Silver Maple Acersaccharinum Native 15 889 17 Silver Maple Acersaccharinum Native 17 890 13 Silver Maple Acersaccharinum Native 13 891 18 Siberian Elm Ulmus pumila Non-Native 18 892 16 Silver Maple Acersaccharinum Native 16 893 18 Siberian Elm Ulmus pumila Non-Native 18 894 16 Silver Maple Acersaccharinum Native 16 895 13/12 Siberian Elm Ulmus pumila Non-Native 25 896 12 Siberian Elm Ulmus pumila Non-Native 50%dead excl 897 16 Siberian Elm Ulmus pumila Non-Native 16 898 13 Siberian Elm Ulmus pumila Non-Native 13 899 16 Siberian Elm Ulmus pumila Non-Native 16 900 26 American Elm Ulmus omericana Native 26 901 16/12 Silver Maple Acersaccharinum Native 28 902 16 Silver Maple Acersaccharinum Native 16 903 16 Silver Maple Acersaccharinum Native 16 904 12 Siberian Elm Ulmus pumila Non-Native 12 905 16 Siberian Elm Ulmus pumila Non-Native 16 906 12 Box Elder Acernegundo Native 12 907 12 Siberian Elm Ulmus pumila Non-Native 12 908 12 Siberian Elm Ulmus pumila Non-Native 12 909 24 Silver Maple Acersaccharinum Native 24 910 12 Siberian Elm Ulmus pumila Non-Native 12 911 13 Siberian Elm Ulmus pumila Non-Native 13 912 12 Green Ash Froxinus pennsylvanica Native 12 913 14 Green Ash Fraxinus pennsylvanica Native 14 914 12 Green Ash Fraxinus pennsylvanica Native 12 915 13/12/12 Green Ash Fraxinus pennsylvanica Native major damage at base OS 916 12 Green Ash Fraxinus pennsylvanica Native 12 917 1 12 Black Cherry Prunus serotina Native 12 918 13/13 Black Cherry Prunus serotina Native 26 919 12 Green Ash Fraxinus pennsylvanica Native 12 920 12 White Mulberry Morus albs Non-Native 12 921 16/16 Silver Maple Acersaccharinum Native 32 922 12 Green Ash Fraxinus pennsylvanica Native 12 923 12 Green Ash Fraxinus pennsylvanica Native OS 924 12 Green Ash Fraxinus pennsylvanica Native 12 925 12 Green Ash Fraxinus pennsylvanica Native 12 Tree Tag# Size (" dbh) Common Name Scientific Name Native/Non- Notes Remove Save Native (inches) (inches) 926 12 Green Ash Froxinus pennsylvanica Native 12 927 12 Green Ash Fraxinus pennsylvanica Native 12 928 12 American Elm Ulmus omericona Native 12 929 12 Green Ash Fraxinus pennsylvanica Native OS 930 12 American Elm Ulmus americans Native 12 931 16/15/14/13 Silver Maple Acersocchorinum Native 53 932 12 Green Ash Fraxinus pennsylvanica Native 12 933 13 Green Ash Fraxinus pennsylvanica Native major internal decay excl 934 7 Bur Oak Quercus mocrocarpa Native 7 935 12 Green Ash Fraxinus pennsylvanica Native 12 936 13 American Elm Ulmus americono Native 13 937 12 Black Cherry Prunus serotina Native OS 938 13 Black Cherry Prunus serotino Native OS 939 15 American Elm Ulmus americans Native OS 940 19/12 American Elm Ulmus americano Native 31 941 24 Cottonwood Populus deltoides Native 24 942 22 JCottonwood JPopulus deltoides INative 22 Total Inches: 2716 2901 05=off site(off site trees are excluded from all tree calculations) excl=dead,dying,or severly damaged or hazard trees are excluded from calculations Total significant inches on site: 5617 Total inches to be removed: 2716 Total Inches to be saved: 2901 Total Inches allowed to be removed(30%of total inches): 1685 Total Inches removed over threshold: 11031 All trees proposed to be removed fall in the common tree category Mitigation required: 1/4 inch for every inch removed over threshold: 671/4=256 inches to be mitigated on site 256 inches=102 2.5"trees or 86 3"trees Evergreens along the eastern edge of the property are not included in this inventory or these calculations. None of the spruce in this area meet the 8"requirement for significant trees and the majority of the pine do not meet the 8"requirement for significant trees. The majority of this area will not be impacted by development. These trees were planted within the last 15 years likely for commercial purposes as evidenced by the rows,spacing,and tree spade holes. - o r 4 2 r t�rr W c 1} QJ 01 Evil ti v 1 � Qy of 1 Q ■r 9 16f � L � T I L O` L �I T f 1 • �..�I Via► ti � ��' �'t"'• pia • I �-®•�:y� `s� �,.,fit --�8ie0�F�k" •''�1 • ''•'ZTrT; - .•pw 3�� 1.�. ,� µ �Li•9c-i �F�b •l _ �artr T1�u LI 1 i TI IE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 REGULAR ITEM # 20 AGENDA ITEM: Inwood (Phase 1) Developer's Agreement SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Dave Synder, City Attorney Cathy Bendel, Finance Director Nick Johnson, City Planner SUGGESTED ORDER OF BUSINESS: - Introduction of Item.....................................Community Development Director - Report/Presentation..............................Community Development Director - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion....................................................................Mayor Facilitates POLICY RECCOMENDER: Staff is recommending that the City Council approve a developer's agreement associated with the first phase of the InWood development. The agreement has been drafted based on a model agreement previously reviewed by the Council. FISCAL IMPACT: Direct Payments to Developer — None: there are no City payments for oversizing of utilities or for other reasons included in the agreement. Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after three years), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The agreement requires a contribution from the developer for future signalization of 51h Street at Inwood Avenue. SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize execution of a developer's agreement for the first phase of the InWood Planned Unit Development. The attached agreement has been reviewed by the City Staff, and all recommend changes specific to the Inwood project have been incorporated into the document as drafted. --page 1 -- City Council Meeting [Regidar Agenda Item 20] May 19,2015 This agreement must be executed before any construction activity, outside of the previously authorized grading work, may proceed on the site. The recommended motion to take action on the request is as follows: "Move to adopt Resolution No. 2015-41 approving the developer's agreement for In Wood" LEGISLATIVE HISTORY/STAFF REPORT: One of the conditions attached to the resolution approving the InWood Final Plat and Plan specifies that the developer enter into a Developer's Agreement prior to the execution of the plat by City officials. Staff has drafted such an agreement consistent with the City's developer's agreement template, and this document is attached for consideration by the City Council. Please note that the document as drafted contains some modifications to the original template based on some of the unique aspects of the InWood development. The key aspects of the agreement include the following components: • That all improvements to be completed by July 1, 2016. • That the developer provide a letter of credit in the amount of$3,714,873 related to the cost of the proposed improvements. • That the developer provide a cash deposit of $335,725 for SAC and WAC charges, engineering administration, one year of street light operating costs and other City fees. These fees include a payment for half of the City's anticipated costs associated with a future traffic signal at 5`h Street and InWood Avenue. Under County policy, the City will be required to contribute 1/3 of the overall signalization costs; half of this amount is the 16.5%referenced in the agreement. • The land dedication for park purposes to be included with the first phase of InWood exceeds the amount required for all of the single-family residential areas of the development. The developer is asking to apply the excess park land dedication to the future multi-family development areas. The proposed project does not include any specific City payments for utility oversizing or other reasons. The City Engineer has not approved the final construction plans for the project, and no work will be allowed to commence on the site until these plans are approved by the City (this plan review is close to being completed). BACKGROUND INFORMATION (SWOT): Strengths: The developer's agreement has been drafted to guarantee that the improvements associated with the Inwood development plans will installed in accordance with City specifications. Execution of the developer's agreement and compliance with all conditions in the agreement will allow the developer to record the Final Plat. --page 2-- City Council Meeting [Regular Agenda Item 20] May 19,2015 The developer will be constructing all of 5`h Street that lies within the InWood PUD boundaries. This will provide an immediate connection into Boulder Ponds and will minimize the impact of construction for future homeowners in this area. Weaknesses: The City will assume responsibility for future maintenance of the public improvements. Opportunities: The proposed improvements will provide for infrastructure connections to adjacent properties. The developer has agreed to pay a portion of the costs that would otherwise be incurred by the City for the future signalization of 5`h Street and Inwood Avenue. Threats: The City will need to provide construction observation throughout the course of the project(these costs will be covered under an Engineering Administration Escrow). RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City Council approve the Developer's Agreement for Inwood and that the Council direct the Mayor and Staff to execute this document. The suggested motion to adopt the Staff recommendation is as follows: "Move to adopt Resolution No. 2015-41 approving the developer's agreement for In Wood" ATTACHMENTS: 1. Resolution No. 2015-41 2. InWood Developer's Agreement—Final Draft --page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-41 A RESOL UTION APPR 0 VING THE DEVELOPER'S AGREEMENT FOR INWOOD (PHASE 1) WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Hans Hagen Homes, 941 NE Hillwind Road, Suite 300,Fridley, MN ("Applicant")has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for InWood; and WHEREAS,the Lake Elmo City Council considered and approved the Preliminary Plat request for InWood at a meeting held on December 2, 2014; and WHEREAS,The Lake Elmo City Council adopted Resolution No. 2015-40 on May 19, 2015 approving the Final Plat for InWood; and WHEREAS, Condition(3) of said Resolution No. 2015-40 establishes that,prior to the execution of the Final Plat by City officials,the Applicant is to enter into a Developer's Agreement with the City; and WHEREAS,the Applicant and City have agreed to enter into such a contract, and a copy of the Developer's Agreement was submitted to the City Council for consideration at its May 19, 2015 meeting. NOW, THEREFORE,based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer's Agreement for InWood and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 19"' day of May 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk Resolution No. 2015-41 (reserved for recording information) DEVELOPMENT CONTRACT (Public sewer and water) Inwood AGREEMENT dated , 2015, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation ("City"), and Hans Hagen Homes, Inc., a Minnesota corporation (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Inwood (referred to in this Contract as the "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described as: The West Half of the Southeast Quarter of Section 22,Township 29 North, Range 21 West, lying north of the north right of way line as shown on State Highway Right-of-way Plat No.4 of 12,State Project 8282 (94-392) 902, Washington County, Minnesota. And The Northeast Quarter of Section 33,Township 29, Range 21, less and except: Parcel No.4 of Washington County Highway Right-of-way Plat No.41; and Parcel No. 3 of Washington County Highway Right-of-way Plat No.42,Washington County, Minnesota. 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. 1 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2)the necessary security has been received by the City, 3) the plat and required homeowner's association documents have been recorded with the Washington County Recorder's Office, and 4) the City's Community Development Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that the Developer may proceed. 4. PHASED DEVELOPMENT. This plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Except as provided f o r h e r e i n, park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. The plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within eight(8) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the residential use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, 2 platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer's sole expense. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A— Final Plat Plan B — Final Grading, Drainage, and Erosion Control Plans Plan C— Final Sanitary Sewer, Water Main, Storm Sewer, and Street Plans Plan D— Final Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping and Street Trees K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the City's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on 3 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 or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the Lake Elmo Public Works Building with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 36. Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all engineering administration and construction observation performed during the construction of the plat. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in its full amount. City engineering administration will include monitoring of construction progress and construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall include, at the discretion of the city, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis. 4 The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development. Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City's governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: A. Right-of-Way Excavations and Obstructions: City of Lake Elmo, Right-of-Way Utility Installation(s) • City of Lake Elmo, Right-of-Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County, Street or Driveway Access(s) Minnesota Department of Transportation, Utility Installation • Minnesota Department of Transportation, Right-of-Way Permit B. Watermain Extensions: • Minnesota Department of Health C. Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. Stormwater Management: Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit SWPPP (Stormwater Pollution Prevention Plan) 5 F. Wetland Mitigation: • Board of Water and Soil Resources, WCA(no impacts are proposed and thus no permit is required.) G. Construction Dewatering: • Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by July 1, 2016, with the exception of the final wear course of asphalt on streets. The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via the planned construction access off of Inwood Avenue at 9ch Street. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and/or their representatives are required to supervise and coordinate all construction activities for all improvements and must notify the City in writing stating 6 when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16., 17. and 18. For the purpose of this paragraph, Electronic message (email) shall be deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement". 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the plat, with all watershed district permits and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, the developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action as allowed by this agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City's building permit requirements, or as required by the City or City Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as-constructed grading plan. 7 Within thirty (30) days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that all trails, ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. The City will not issue any building permits until the approved certified record grading plan is on file with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "D". The plan shall conform to the City's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, the boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course may be installed in accordance with paragraph 12. above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets 8 within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer's Certificate - Land Surveyor's Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of "record plans" and affidavits, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer shall dedicate Outlot L, Inwood prior to the release of the final plat for recording. The dedication of Outlot L shall satisfy the City's park dedication requirements for this plat. Outlot L is 12.11 gross acres, or 10.73 acres of net parkland. The Inwood Preliminary Plat includes 95.71 acres of single family land, including storm water ponds. The required park dedication requirement for the single family portion of Inwood Preliminary Plat is 9.57 acres. Outlot L shall satisfy the park dedication requirements for all the area 9 planned for single family lots as depicted in the Inwood Preliminary Plat and the Developer shall not be responsible for any additional park fees or improvements. No additional fees in lieu of land dedication will be charged for future developments within the Inwood single family preliminary plat area. The 1.16 acres of excess park dedication above that required for areas to be platted for single family development ("Park Credit") shall be applied to the future multi-family residential area lying south of 51h Street as conceptually shown on the approved Inwood PUD concept plan. 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $120,000.00. The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $120,000.00 . In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met Council sewer availability charge in the current amount of $2,435.00 per REU, and a water connection charge in the current amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. These amounts are charged at the time of building permit in accordance with the latest city fee schedule. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements, and the installation costs shall be included in the street construction calculations. 24. STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street lighting plan approved by the City. The Developer shall coordinate the 10 installation of street lights with Xcel Energy in conjunction with the other improvements, and agrees to pay Xcel Energy for all upfront costs associated with the street lighting system, including underground cables, posts, lamps, ballasts, starters, photocells, and glassware. All street lights will be leased by the City upon final acceptance of the system. The Developer shall also pay $1,000 in payment for the first year operating costs for street lights. 25. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except two model homes on lots located on Lot 2 and Lot 3, Block 1, Inwood. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. The monument design shall be approved by the Community Development Department. C. Written certification of the as-constructed grading must be on file at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and/or withholding of other permits, inspection or actions, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. G. The City will not issue a certificate of occupancy for any building constructed on any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public 11 sewer and water, curbing, and one lift of asphalt is installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must be on file at the City for the block where the building is to be located. 26. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine payment of attorneys' fees pursuant to this Contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording. C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneys' fees. 12 E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 23, 2015 Engineering memorandum and subject to approval of the final construction plans by the City Engineer. In conjunction with the recording of the final plat, the developer shall convey Outlots C, D, and L to the City by warranty deed. These ares represent storm water infiltration basins or land to be used for park purposes. B. The Developer must obtain a sign permit from the City Building Official prior to installation of any permanent subdivision identification signs. C. The Developer shall dedicate a minimum of 100 feet along the east property line of the Inwood Preliminary Plat as part of Developer's park dedication. This park dedication is part of Outlot L, Inwood. D. All trails shall be located on outlots to be deeded to the City or within easements dedicated to the City of Lake Elmo. Title commitments shall be provided for all land so dedicated. E. The Developer shall be responsible for the construction of all improvements within the Inwood Avenue (CSAH 13) right-of-way as required by Washington County and further described in the review letter received from the County dated November 17, 2014 or any subsequent direction from the County. The required improvements shall include, but not be limited to: construction of a new median 13 crossing in this area, turn lanes, and other improvements as required by the County. The Developer shall pay its proportionate share of the future traffic signal at the intersection of Inwood and 51h Street (half of the City's share of this cost based County reimbursement policies concerning new traffic signals). The estimated cost of the signal is $265,000. The Developers share of this signal is 16.5% of the estimated cost, or $43,725. Developer shall pay $43,725 prior to recording the final plat, and Developer shall have no further obligations to the City of Lake Elmo or Washington County for the construction or payment of a future traffic signal associated with this plat or future phases of the Inwood PUD. F. The Developer shall observe all other County requirements as specified in the Washington County review letter dated November 17, 2014 or any subsequent direction from the County. G. The Developer shall record a Declaration of Covenants, Conditions, Restrictions, and Easements (hereinafter "Declaration") along with the plat. The Declaration shall require the Inwood Homeowners Association to be responsible for maintenance of landscaping installed in areas outside of land dedicated as public park and open space on the final plat. H. Any land under which public trails are located will be accepted as park land provided the Developer constructs said trails within the dedicated areas as part of the public improvements for the subdivision and easements are provided where required by the City. 28. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining 14 wall is required to be built. C. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by the City Attorney, shall be filed with the final plat. No third- party beneficiary status is hereby conferred. All outlots and common areas, including Outlots G, H, F and I 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 Inwood and without regard to the formalities or requirements of Minn. Stat. § 429. D. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. 15 H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 29. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. 30. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed 16 instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City may undertake to do the work and assess the costs to the individual lots within the plat without regard to the formalities or requirements of Minn. Stat. §429.. 31. ENFORCEMENT BY CITY: DAMAGES. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 32. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either a letter of credit for twenty-five percent(25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year 17 from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two growing seasons following installation. D. The required warranty for landscaping within HOA storm water infiltration areas (Outlots F, G, H, and 1) shall be three (3) years following installation. The Inwood Homeowners Association shall be responsible for the infiltration areas (Outlots F, G, H, and 1) and shall include requirements for the proper care of native plantings and the elimination of weeds and invasive species. E. The required warranty for landscaping within storm water infiltration areas to be deeded to the City (Outlots C and D) shall be three (3) years following installation. The developer shall also enter into a maintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping within these storm water infiltration areas. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination of weeds and invasive species. 33. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit("security")for$3,714,873. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Streets $1,114,212 Sanitary Sewer $412,585 Watermain $510,249 Surface Water Facilities (pipe, ponds, rain gardens, $599,736 etc.) Grading Covered in grading agreement 18 Erosion Control Covered in grading agreement Sidewalks/Trails $212,175 Street Lighting Xcel to Install, to be pre-paid directly by developer Street Signs and Traffic Control Signs $18,705 Landscaping $97,236 Tree Preservation and Restoration Coverd in grading agreement Wetland Mitigation and Buffers Separate letter of credit through Watershed District Monuments $5,000 Miscellaneous Facilities N/A Developer's Record Drawings $2,000 Construction Sub-Total $2,971,898 Total Project Securities (at 125% Construction $3,714,873 Costs) This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. 34. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations to the City have been satisfied, with City Engineer approval the security may be reduced as follows: A. Up to 50%, or $1,857,437 of the security provided in accordance with paragraph 33 above may be released when: (1) Developer's obligations under this Agreement have been completed 19 and the Public Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list items, but not including the final wear course; and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided by the City in writing and satisfactory evidence of payment, such as lien waivers are provided. B. Up to an additional 25%, or $928,718 of the security provided in accordance with paragraph 33. above may be released when: (1) Developer's obligations under this Agreement have been completed and the Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list items and including the final wear course; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivers, are provided. C. Twenty percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received and approved by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 35. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $120,000 Water Availability Charge (WAC) $120,000 Park Dedication N/A Street Light Operating Fee $1,000 City Base Map Upgrading $1,000 Future Traffic Signal $43,725 City Engineering Administration $50,000 (Based on two months of Escrow administration/observation) Total Cash Requirements $335,725 20 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 941 NE Hillwind Road, Suite 300 Fridley, MN 55432. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 37. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership of the property being platted by way of an attorney's title opinion or title insurance policy dated not earlier than thirty(30) days prior to the execution of the plat. CITY OF LAKE ELMO BY: Mayor (SEAL) AND City Clerk DEVELOPER: BY: Its 21 STATE OF MINNESOTA ) ( ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2 by and by the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 by the of NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651)747-3901 22 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 , by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651)747-3901 23 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 2 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 , by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651)747-3901 24 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Lake Elmo Dear Sir or Madam: We hereby issue,for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of$ available to you by your draft drawn on sight on the undersigned bank at its offices in Minnesota. The draft must: a) Bear the clause, 'Drawn under Letter of Credit No. dated 2 , of (Name of Bank) '; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty(30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement,whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No.500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its 25 THE CITY OF LAKEE_LMFO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 REGULAR ITEM# 21 AGENDA ITEM: Approve Purchase of Spray Patcher SUBMITTED BY: Mike Bouthilet, Director of Public Works THROUGH: Mike Bouthilet, Director of Public Works REVIEWED BY: Maintenance Advisory Commission Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item..............................................................City Administrator - Report/Presentation.........................................Director of Public Works - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council - Action on Motion....................................................................Mayor Facilitates POLICY RECOMMENDER: Director of Public Works FISCAL IMPACT: This item was approved in the 2015 CIP budget for$55,000. During the summer of 2014,this same unit was rented and the City was offered a rental credit toward the purchase of$7,650 if purchased before the 2015 season. The quoted net purchase price being considered is $45,550, net of the 2014 rental credit, which is $9,450 under budget. As proposed in the 2015 Budget for CIP, the net cost for this purchase would be included with the 2015 bonding and the payments would be made from the General Fund operating budget. SUMMARY AND ACTION REQUESTED: In the summer of 2014, the Public Works department was directed to focus on street repairs. Under the City Administrator's suggestion to be innovative, the Public Works Director researched various spray patching alternatives to maximize resources. Even though it is advertised as a pot hole patcher, this unit has proven to be extremely effective for small patch repairs, alligator cracking and sealing in catch basins and gate stops. It has also been proven to be extremely effective for preparing street surfaces prior to the annual seal coating. --page 1 -- City Council Meeting [Regular Agenda Item#21] May 19,2015 Utilization of this equipment as a City Asset, removes the limits of the asphalt plant operational hours as well as the limitations imposed by renting a unit vs owning one. A new spray patcher cost is approximately $70,000 per state contract pricing. This is unit is a 2011 SP10 Loadking and the typical life on this unit is 10 years with an anticipated payback of the purchase price in 4 more years. BACKGROUND INFORMATION(SWOT): Strengths Four year payback and no time use restrictions. In addition, this is a proven alternative for street maintenance and there would be more flexibility due to no time constraints. (Extended patching season) Weaknesses Age of machine with no warranty Opportunities Unlimited use of the machine if City owned Threats Cost of repairs to machine RECOMMENDATION: Based on the aforementioned, and the support of the MAC (voted 3- 0),the staff recommends the following motion be made: "Move to approve the purchase of the SP10 Loadking spray patcher at the cost of $45,550 to be funded as presented; contingent upon the verification of hours on machine and an engine oil sample analysis as recommended by the MAC" ATTACHMENT: 1. RCM invoice/quote --page 2 -- RCM Equipment Company LLC Invoice 12090 Margo Ave So Ste B Date Invoice # Hastings, MN 55033 4/22/2015 3341 651-480-8886 651-480-8808 fax Bill To Ship To City of Lake Elmo City of Lake Elmo Public Works Streets Department Public Works Streets Department 3800 Laverne Ave N. 3800 Laverne Ave N. Lake Elmo, MN 55042 Lake Elmo, MN 55042 1 P.O. Number Terms Rep Ship Via F.O.B. Project i Due on receipt FC 4/22/2015 QuantityItem Code Description Price Each Amount P 1 SP10 LOADMAX TRAILER PATCHER 53,200.00 53,200.00T -9,000 Rental Rebate 85%of Rental Rate Applied to Sale of 0.85 -7,650.00T Equipment Sales Tax 0.00% 0.00 i I I I E Thank you for your business. Total $45,550.00 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: May 19, 2015 REGULAR ITEM # 24 AGENDA ITEM: Future Growth Strategy/Phasing Plan Policy SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Nick Johnson, City Planner SUGGESTED ORDER OF BUSINESS: - Introduction of Item.....................................Community Development Director - Report/Presentation..............................Community Development Director Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: As a follow-up to the previous Council meeting, Staff has prepared a draft policy document concerning the City's Staging Plan for consideration by the Council. This a draft document and intended for discussion purposes only at this time. FISCAL IMPACT: TBD — the document includes a requirement that public risk be evaluated prior to accelerating development in later stages. SUMMARY AND ACTION REQUESTED: The City Council is being asked to review a draft policy document concerning the City's Land Use Staging Plan. This document has been prepared in response to the City Council's discussion at its May 5, 2015 meeting. As the document has not undergone any internal or external review, Staff is not seeking formal approval of the policy document at this time, and is instead seeking Council input in order to further refine the draft. No specific motion is requested for this time; and feedback or direction from the Council will be incorporated into a future draft. --page 1 -- City Council Meeting [Regular Agenda Item 241 May 19,2015 LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The Planning Commission reviewed the Staging Plan that was adopted as part of the Comprehensive Plan. The Commission has not conducted aby further review of the Staging Plan since the adoption of the Land Use Plan. BACKGROUND INFORMATION (SWOT): Strengths • A Staging Plan policy document will help clarify the City's review of future development projects that may be proposed in Stage 2 or 3 development areas. Weaknesses . Major revisions to the Staging Plan will need to be considered as an amendment to the Comprehensive Plan Opportunities a A policy document would help ensure that Staff, developers, and land owners on the same page moving forward concerning the timing of development within the City. Threats • None RECOMMENDATION: Staff is not making any formal recommendation at this time, and is instead seeking Council input on this matter before making any further revisions to the document. ATTACHMENTS: 1. Growth and Staging Plan Policy Document—DRAFT 2. Development Outlook—May 2015 3. Lake Elmo Staging Plan (from Comprehensive Plan) --page 2-- City of Lake Elmo Growth and Staging Plan Policy Document-DRAFT Prepared by the Lake Elmo Planning Department Reviewed and Approved by the City Council Introduction and Summary The City of Lake Elmo adopted a revised Land Use Plan as part of the 2012 update to the City's Comprehensive Plan. This plan included a section on development staging that also addressed the City's commitments under the terms of the Memorandum of Understanding(MOU)with the Met Council. With the recent termination of the MOU and approval of several public improvement and private development projects within the City,the City Council would like to clarify the purpose and intent of the Staging Plan, and to provide clarification concerning the implementation of this plan that was not addressed in the Land Use Plan. This policy document is not intended to replace or amend any existing provisions already adopted as part of the City's Comprehensive Plan. Purpose and Intent In order to help the City plan for and manage growth,the Lake Elmo Land Use Plan identifies three primary objectives for the staging plan as follows: • Identify a logical pattern for future growth based on the amount of land planned for new development and the availability of infrastructure to serve this development • Give the City additional control over the timing and location of new development to coincide with the City's ability to provide the required services. • Provide additional opportunities and an official mechanism for the City to be able to plan, budget, and set goals for future development. One of the tools that was created in order to help accomplish these objectives was a Staging Plan Map for the 1-94 corridor planning area. This map identified three distinct phases for future growth and development, but did not link any of these phases to a specific time frame. The plan notes that the City will monitor growth by assessing market conditions,land capacity,and the availability of public infrastructure in order to determine when development may occur in stages subsequent to the first stage. It further includes criterion under which the City would consider allowing development in later stages, including the availability of infrastructure to serve new development and a commitment from developers to pay a proportionate share of the costs to extend services to new areas. Development Activity Since the adoption of an updated Land Use Plan,the City has taken action on several land use requests that have extended public services into planned sewered development areas. This activity has included the following projects: • Constructing sewer and water trunk lines to service development within the Stage 1 planning area. • Extending a sanitary sewer force main from the 1-94 corridor to the Village Planning Area. A part of this project included the construction of a gravity sewer line along the southernmost extension of this project. • Installing a water trunk line along Lake Elmo Avenue from the Village Planning area to 5th Street. • Negotiating the location for a future water tower along Inwood Avenue that will service the western portion of the 1-94 corridor. • Approving plans for the construction of the several segments of the 5th Street minor collector road as part of private development projects. • Constructing sanitary sewer service along 39th Street and south to the railroad right-of-way in the Village Planning Area. • Working with Washington County on a comprehensive plan for road,sewer,water,and streetscape improvements along Lake Elmo Avenue and other streets in the Village Planning Area. These public improvement projects, along with supporting private infrastructure investments, have made public services available to most of the Stage 1 planning area and the extreme eastern-most parcels within the Stage 2 planning area. Policies With the completion of the public and private development projects listed above and the approval of nearly 2,000 new sewered housing units at a concept level or above,the City Council has indicated that it would like to establish clear policies for managing growth under the terms of the City's approved Comprehensive Plan, including the Staging Plan. The City has also been notified that Lake Elmo's population and household forecasts for 2040 will be lowered from the numbers adopted as part the Comprehensive Plan. These policies are therefore intended to: 1) help the City begin addressing the reduced population forecast numbers that will be adopted as part of the Metropolitan Council 2015 Systems Statement; and 2) help ensure that future growth and development occur in a manner that does not overburden the public or lead to inefficient use of public improvement expenditures. With these objectives in mind,the City hereby adopts the following policies concerning growth and Staging as specified in the Lake Elmo Comprehensive Plan: 1) Adhere to the Staging Plan as adopted in the Land Use Plan. a. Council approval will be required prior to the acceptance of any residential land use applications for development activity within the Stage 3 development area or for any parcels within the Stage 2 development area that are not directly adjacent to Lake Elmo Avenue. b. Commercial development projects may be allowed to commence within any Stage provided the project is able to address the"adequate public facilities" provisions as lists below. 2) Clarify the circumstances under which the City will consider accelerating development in Stage 2 or Stage 3. a. Commercial development proposals that are able to demonstrate the availability of adequate public facilities may proceed provided the application materials address this issue. b. Adequate Public Facilities is defined as follows: [Include Definition] c. In considering accelerating development to later stages,the development will be evaluated to assess the public risk from the project. In this case, a public risk will be considered a public cost that is not off-set by a reasonable percentage of taxes or other revenues (including, but not limited to,city exactions, dedications,development or other fees or charges, permits, utility connections, impact fees, etc)that are attributable to the development. Public costs shall include costs incurred or that might reasonably be expected to be incurred in the foreseeable future. (City-wide capital expenditures not solely attributable to the development will not be considered as part of this analysis because the financing of these costs is spread across the entire tax base and paid for by hook-up charges, user fees and similar means) 3) Define the level of activity that will allow development to occur in later stages. a. For new development to be allowed beyond Stage 1 or any subsequent stages, at least 65%of the residential lots within the entire development stage must platted as part of a final plat and must have either a structure constructed on them or a building permit issued for the construction of a structure on these lots. 4) Prepare an Interim Comprehensive Plan amendment in advance of the release of the 2015 Systems Statement. a. The amendment will address the following: i. Reducing the City's population and household forecasts to match the 2015 Systems Statement. ii. Considering land use changes along the corridor, and specifically reducing the amount of land guided for HDR,expanding the BP land area, and concentrating MDR and HDR areas around development nodes. iii. Revising or eliminating the MOU targets included in the previous plan. iv. Updating the Staging Plan to reflect current conditions and the revised population and household forecasts. 5) Consider adoption of an adequate public facilities ordinance to more clearly require compliance with these policies. Other Strategies `^ 0 O 0 0 0 0 0 0 0 0 0 0 00 00 0 0 r4 ct O O M I-R N W Q rl n Ql M > v� m a v} x x x x x u II p II O * O IA X Ln O M X C d N rI N N LL x x x x x x O M a) X O LL r-i d II O X I I LI) N C C N O O N r�0 m C U U E x L LL C C ~ U U O C + in m 0 Ln U E U Q y a x x x x Lai) w Q N a-+ C. 0) v c 0 tJ x x N m 00 00 O 00 O 00 rN N N Ln N rl 00 N 00 m -4 ri -:T CO N 00 N Ln N 14 Ln r'1 r O r-I m rl N r-I M It Ln 00 Ql m N N ri Ln Lp -i LD Ol m 0 -zl- I;t ItT m r•I m r-i N —i Lry c i .--i cn Ln ri iv m II O C O N G O M N 'j tt �Ln X m N C a) > > > > a a o ,o v Q O1 Q1 D O D O O1 O O Q1 O O ri o = 0_ N L +1 o 0 LL o o > 41 o v 0 E .0 m c C. E ❑. C m .0 w O p v LL 0 CO a C- o Mai > � � � � ccc mo a � o0 v o N E a Q a = > cu c v C � O Q C. C. X O O d aJ N O p w N > O CL a s (f9j o N _ m E i (0 OLn = L Q Ur N S .� •C C C. O •V N f9 f6 Ol u , — D. t0 w H N H .� Q N r p m m NJ CL O N N > N a v es O i u C �= a_ +_ 41 > > > OJ O) a O o tov= m n w C _ V N L C N v N c C c f9 ++ 0 N Q Q m a v � ca co o = 3 = C C -0 o 41 > a o o CL °1 2200 J o -i 2 2 w m > > � .1 � 2 H Q1 0 0 0. U H I- I- Lake Elmo Comprehensive Plan Chapter 111—Land Use Plan Comprehensive Plan. The City will also be adopting zoning district standards within the urban residential development areas that will allow the clustering of housing on smaller lots in exchange for the preservation of open space within new developments. Staging Plan While Table 3-C provides a projected schedule for the construction of new residential and non- residential developments,the City has also adopted a general staging plan within the City's urban growth areas to help ensure that the City is able to deliver the required municipal services and public infrastructure that will be needed to support new development. The infrastructure needed to serve these developing areas is substantial and the staging plan will provide a mechanism for the City to manage this growth and to be able to adequately prepare for the City's future infrastructure needs. The objectives of the staging plan are to: • Identify a logical pattern for future growth based on the amount of land planned for new development and the availability of infrastructure to serve this development • Give the City additional control over the timing and location of new development to coincide with the City's ability to provide the required services. Provide additional opportunities and an official mechanism for the City to be able to plan, budget, and set goals for future development. The Staging Plan is document as part of Map 3-4, and identifies three separate stages for future development without a specific time period attached to these phases. Instead,growth is expected to occur at the rate documented in Table 3-C,with each of the stages being developed in the order depicted on the map and further described as follows: • Stage I: New sewered development located west of Keats Avenue that will connect to the MCES WONE interceptor. • Stage II: New sewered development located west of Manning Avenue and south of the Forest residential subdivision that will connect to the MCES Cottage Grove Ravine regional interceptor. • Stage III: All remaining new sewered development south of 10t"Street that will connect to the MCES Cottage Grove Ravine regional interceptor. The City will monitor growth by assessing market conditions, land capacity, and the availability of public infrastructure in order to determine when development may occur in stages subsequent to the first stage. The acceleration of a development in any of the latter stages may be permitted by the City provided it is demonstrated that adequate public infrastructure exists to support this development. The availability of infrastructure and any necessary utility extensions and transportation improvements needed to support new development will be considered in deciding whether or not to open up the next staging area to development. In order to accelerate the development of latter stages,there must be a commitment that the development will pay its proportionate share of the infrastructure costs to extend services to any new development. III—15 M t� s - •�1. • - - —-- r O Em LOW r as NONINVINo CL 'its I11 c- �q N M M OD -j so a OWN CLi. 7 il• »� f -� '� .,.R•i: t !! t is L � O U LL ftftft ►. Pam' _ � 5`�'c � � Lake Elmo Comprehensive Plan Chapter ll1—Land Use Plan To help ensure that public facilities needed to support new development meet or exceed an acceptable level of service,the City will consider adoption of an adequate facilities ordinance. The primary goals of this ordinance are to: 1)avoid sprawling or leapfrog development that would result in an inefficient use of the City's infrastructure and services, and 2)give priority to development opportunities that do not require the construction of significant extensions of public infrastructure. When developers build on parcels that are not contiguous to areas served by existing infrastructure,there is an expectation that the developer will pay for the added costs to serve non-contiguous development. Non-contiguous development will not be allowed if it would negatively impact the City's financial stability and capacity. Implementation The following tasks will be completed by the City to facilitate the implementation of the land use plan. Zoning Code Update Planned development within the Old Village and south of 101h Street will introduce development styles and patterns new to the community that cannot be achieved by existing zoning classifications. The zoning code will need to be updated to include new residential, commercial and Business Park districts as needed to ensure the City's vision can be successfully carried out. • Creation of Design Standards As a supplement to the new zoning districts,the City will pursue the creation and adoption of specific design standards for areas of new development. Design standards go beyond standard zoning requirements such as area and width to specify required building materials, building articulation, architectural standards, etc. Adoption of design standards sets an overall policy for what development should look like to guide the quality of the built environment towards the community's established vision. • Form Based Code Within the Old Village area,the City will consider implementation of a form based code in lieu of standard Euclidian zoning districts. Under a form based code, requirements focus primarily on the built environment and its relation to the public realm rather than on the separation of uses. Form based codes are regulatory, not advisory like typical design standards. Specific standards for public spaces and building forms are adopted directly into code and mandate that future construction achieve the established community vision. Internal Process Evaluation A review of procedures for all application types will be undertaken by the City to ensure internal processes are optimized for quick turn-around and minimal delays whenever possible. Cooperation with Other Government Agencies The City will reach out to neighboring communities and reviewing agencies to proactively address issues that may impact future development. III— 17