HomeMy WebLinkAbout12-5-17 Full Packet
NOTICE OF MEETING
City Council Meeting
Tuesday, December 5, 2017 7:00 P.M.
City of Lake Elmo | 3800 Laverne Avenue North
AGENDA
A. Call to Order/Pledge of Allegiance
B. Approval of Agenda
C. Approval of Minutes
1. November 21, 2017
D. Public Comments/Inquires
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements and Payroll
3. Approve Liquor License Renewal – Elmo Liquor
4. Adopt Resolution 2017-132 Declaring Polling Locations for 2018
5. Approve Holding Local Board of Appeals - Resolution 2017-133
6. Approve 2018 Contract with Animal Humane Society
7. Wildflower 1st Addition – Accept Improvements and Approve Reduction of Security #5 and Wildflower 2nd
Addition Approve Reduction of Security #1
8. Approve Personnel & FMLA Policies
9. Approve Compensation Policy
10. Approve Environmental Awards Program
11. Accept Paid on Call Firefighter Resignation
12. Accept Planning Director Resignation
G. Regular Agenda
13. 2018 Street and Drainage Improvements-Public Hearing, Order Plans & Specifications-Resolution 2017-134
14. Continental Properties Comprehensive Plan Amendment and Concept Plan
15. Public Hearing for 2018 General Fund Budget and 2018 Final Property Levy Certification - Resolution
2017-135
16. 2018 Utility Budgets – Resolution 2017-136
17. 2018 Fee Schedule – Ordinance 08-191; Resolution 2017-137
18. Comprehensive Plan Amendment and Zoning Text Amendment to Amend Language Regarding Allowable
Density for Open Space Preservation Developments – Resolution 2017-123; 2017-124
19. Hidden Meadows 2nd Addition Development Agreement – Resolution 2017-138
H. Council Reports
I. Staff Reports and Announcements
J. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
CITY OF LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 21, 2017
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Jill Lundgren and Christine
Nelson. ABSENT: Councilmember Bloyer. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Assistant Administrator Foster, Finance Director Swanson and City Clerk Johnson.
APPROVAL OF AGENDA Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 4 – 0.
ACCEPT MINUTES Minutes of the October 17, 2017 and November 7, 2017 Regular Meetings were accepted as presented.
PUBLIC COMMENTS/INQUIRIES None
PRESENTATIONS
None
CONSENT AGENDA 2. Approve Payment of Disbursements
3. Accept October 2017 Assessor’s Report
4. Accept October 2017 Building Department Report
5. Accept October 2017 Fire Department Report
6. Accept October 2017 Public Works Department Report
7. I-94 Lift Station and Sanitary Sewer Improvements – Approve Pay Request No. 1
8. Old Village Phase 3 Street & Utility Improvements – Approve Pay Request No. 5
9. 2017 Street Improvements – Approve Pay Request No. 5
10. Accept Resignation of Building Inspector
11. Approve Appointment to Finance Committee
12. Approve 2018 Liquor License Renewals
13. Approve Lake Elmo Sod Farm Interim Use Permit Councilmember Nelson, seconded by Mayor Pearson, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 4 - 0.
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 21, 2017
Page 2 of 3
ITEM 14: 2018 LMCIT Renewal
Assistant Administrator Foster reviewed options for a change in the deductible for the City’s
property and liability insurance coverage and waiver of the statutory municipal tort limits.
Councilmember Nelson, seconded by Mayor Pearson, moved TO APPROVE THE
DEDUCTIBLE INCREASE TO $1,000 FOR THE CITY’S PROPERTY AND LIABLITY
INSURANCE AND AUTHORIZE THE ELECTION TO NOT WAIVE THE STATUTORY
TORT LIMITS. Motion passed 4 – 0.
ITEM 15: Wyndham Village Subdivision Sketch Plan Review & Comprehensive Plan
Amendment
Planning Director Becker reviewed the proposal for a residential subdivision and presented
recommended conditions of approval and Planning Commission recommendations. Applicant
Joe Bush presented a revised sketch plan and discussed landscaping plans.
Mayor Pearson, seconded by Councilmember Nelson, moved TO RECOMMEND APPROVAL
OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO RE-GUIDE PID
13.029.21.43.0001 FROM RURAL SINGLE FAMILY TO VILLAGE URBAN LOW
DENSITY, BASED ON THE RECOMMENDED FINDINGS AND CONDITIONS OF
APPROVAL.
Applicant Joe Bush requested that the Council table this item to allow additional time to work
with staff and agreed to grant additional time under the 60 day rule.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO TABLE THIS
ITEM TO THE SECOND MEETING IN JANUARY AT THE APPLICANT’S REQUEST. Motion passed 4 – 0. ITEM 16: Debt Management Policy Finance Director Swanson presented the proposed Debt Management Policy, noting additions and changes from the previous policy. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE ATTACHED CITY OF LAKE ELMO DEBT MANAGEMENT POLICY REVISED
NOVEMBER 21, 2017 WITH A CHANGE REPLACING “ONLY” WITH “GENERALLY”
IN SECTION D.a. AND ADDING “FINANCE DIRECTOR OR APPOINTED DESIGNEE” WHERE APPROPRIATE. Motion passed 4 – 0. ITEM 17: Fund Balance Policy Finance Director Swanson presented an overview of the proposed Fund Balance Policy. Brief discussion was held; Councilmember Fliflet stated she did not agree with the enterprise fund restrictions.
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 21, 2017
Page 3 of 3
Councilmember Lundgren, seconded by Councilmember Nelson, moved TO APPROVE THE ATTACHED CITY OF LAKE ELMO FUND BALANCE/NET POSITION POLICY REVISED NOVEMBER 21, 2017. Motion passed 3 – 1. (Fliflet – nay)
COUNCIL REPORTS
Mayor Pearson: Attended the Parks Commission meeting, discussed the Lake Elmo Elementary School playground with a resident.
Councilmember Nelson: Attended a Sally Manzara Nature Center strategic planning session.
Councilmember Lundgren: Received calls from residents.
Councilmember Fliflet: Announced best new neighborhood award received by the Wildflower development.
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Working with Lake Elmo Baseball and the Lions Park contractor, reminded Council of the Special Meeting at 6:00 on November 28th for interviewing Landscape Architect and Engineering firms.
City Attorney Sonsalla: Working on Lake Elmo Inn special assessment appeal.
Finance Director Swanson: Reported that the Truth in Taxation hearing will be held during the
December 5th City Council Meeting.
City Engineer Griffin: Working on current construction projects.
Meeting adjourned at 8:42 pm.
LAKE ELMO CITY COUNCIL
ATTEST: ______________________________ Mike Pearson, Mayor _______________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: November 21, 2017
CONSENT #3
AGENDA ITEM: Approve Liquor License Renewal – Elmo Liquor TO: Mayor and City Council
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND: According to State Statute and City Code, each year, all Liquor Licenses must
be renewed. All renewals are contingent upon approval by the Washington County Sheriff’s
Department and review by the Minnesota Department of Public Safety, Alcohol and Gambling
Enforcement.
ISSUE BEFORE COUNCIL: Should Council approve the requested license renewals?
PROPOSAL: The City has received a liquor license renewal applications for 2018 from Elmo Liquor.
The appropriate fees have been paid and all required documentation has been provided. Staff is not aware of any violations at any of the aforementioned establishment. FISCAL IMPACT: Renewal fee in the amount of $200.00. OPTIONS: 1) Approve license renewal 2) Deny license renewal
RECOMMENDATION: If removed from Consent Agenda:
“Motion to approve 2018 Liquor License Renewal for Elmo Liquor as presented.”
STAFF REPORT
DATE: December 5, 2017
CONSENT #4
AGENDA ITEM: Adopt Resolution 2017-132 Declaring Polling Locations for 2018
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND: Pursuant to a change made by the legislature in 2017, Minnesota Statutes 204B.16, sub.1, requires cities to adopt an Ordinance or Resolution by December 31st of each year declaring the polling locations for the following year. The Office of the Secretary of State believes this change was made to lessen voter
confusion, particularly in cities that relocate polling places from year to year. The two polling locations in Lake Elmo are functioning well and staff sees no reason to recommend any changes for 2018.
ISSUE BEFORE COUNCIL: Should the Council adopt the Resolution?
FISCAL IMPACT: NA
RECOMMENDATION: If removed from the consent agenda:
“Motion to adopt Resolution No 2017-132 ATTACHMENTS:
• Resolution No. 2017-132
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-132 A RESOLUTION OF THE CITY OF LAKE ELMO, MINNESOTA DECLARING POLLING LOCATIONS FOR 2018
Whereas, the City of Lake Elmo is required to designate polling places by December 31st of each year pursuant to M.S. 204B.16, subd. 1; and Whereas, the City of Lake Elmo will operate two polling locations in 2018:
Precinct 1: Fire Station 1, 3510 Laverne Avenue North, Lake Elmo, MN Precinct 2: City Hall, 3800 Laverne Avenue North, Lake Elmo, MN NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
City of Lake Elmo, Minnesota, that the polling locations for the City for the 2018 elections have been declared. APPROVED by the Lake Elmo City Council on this 5th day of December, 2017. By: __________________________ Mike Pearson
Mayor ATTEST:
________________________________ Julie Johnson City Clerk
STAFF REPORT
DATE: December 5, 2017
CONSENT #5
AGENDA ITEM: Local Board of Appeals and Equalization Meeting Authorization
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: The Local Board of Appeals and Equalization (LBAE) meeting is held annually in the spring and is an opportunity for property owners to challenge the assessed value of their property. In April 2016, a quorum of the council was not able to attend the Local Board of Appeals and Equalization meeting. Since that time,
the function has been shifted to the county and property owners have had to attend open book meetings at various places around the county in order to challenge their assessed values.
ISSUE BEFORE COUNCIL: Should the Council approve re-establishing the Local Board of Appeals and Equalization?
PROPOSAL: Included in your packet is a resolution for the council to establish the LBAE for 2018. In addition to approving the resolution and providing a copy of the minutes to the County, the City will need to provide proof that at least one member has completed the required training. At this time Council member Bloyer is the only Council member to have completed the Board of Appeal and Equalization training. While this will meet the County’s requirements for the time being, staff would strongly encourage another member or two to take the on line training. Have a backup could be beneficial in case scheduling conflicts come up next year. If no one is trained at the meeting, the City will lose the LBAE for two years again. FISCAL IMPACT: NA
OPTIONS: 1) Approve the attached resolution
2) Do not approve a resolution to establish the Local Board of Appeals and Equalization RECOMMENDATION: If removed from the consent agenda:
“Motion to approve Resolution No 2017-133 ATTACHMENTS:
• Resolution No. 2017-133
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-133 A RESOLUTION OF THE CITY OF LAKE ELMO, MINNESOTA, TO ESTABLISH A LOCAL BOARD OF APPEAL AND EQUALIZATION PURSUANT TO MINNESOTA
STATUTE 274.014, SUBD. 3, PARAGRAPH C. Whereas, the City of Lake Elmo is authorized to serve as the local board of appeal and equalization pursuant to Minnesota Statute 274.01; and
Whereas, the City of Lake Elmo’s powers to act as the local board of appeal and equalization were transferred to the County of Washington pursuant to Minnesota Statute 274.014, Subd. 3, paragraph a; and Whereas, said statute provides for the reinstatement of the governing body of the City of Lake Elmo to serve as the local board of appeal and equalization by resolution of said City Council and upon proof of compliance with Minnesota Statute 274.014, Subd. 2:
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Lake Elmo, Minnesota, to establish the City Council as the local board of appeal and equalization pursuant to the above-referenced statutes.
APPROVED by the Lake Elmo City Council on this 5th day of December, 2017.
By: __________________________ Mike Pearson Mayor ATTEST:
________________________________ Julie Johnson City Clerk
-- page 1 --
STAFF REPORT
DATE: December 5, 2017 Consent #6 AGENDA ITEM: Approve Humane Society Contract Renewal SUBMITTED BY: Julie Johnson, City Clerk
FISCAL IMPACT: $10 admin holding fee for animals that are reclaimed; impound fees $146
per day for dogs/cats, $44 other domestic animals.
SUMMARY AND ACTION REQUESTED: The City has contracted with Animal Humane Society in Woodbury for a few years for the impoundment of stray animals picked up by our animal control officer, Brittany Harmon. Staff recommends renewal of the contract with the
Animal Humane Society for 2018. RECOMMENDATION: If item is pulled from consent agenda, the recommendation should read. “Approve renewal of the contract with Animal Humane Society.” ATTACHMENTS: 2018 Letter of Understanding for Impound Housing Services
STAFF REPORT
DATE: December 5, 2017
CONSENT
ITEM #: 7
AGENDA ITEM: Wildflower 1st Addition – Accept Improvements and Approve Reduction of
Security #5 and Wildflower 2nd Addition Approve Reduction of Security #1 SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Emily Becker, Planning Director
ISSUE BEFORE COUNCIL: Should the City Council accept the improvements and approve the security reduction for Wildflower 1st Addition? And, should the City Council approve the security reduction for
Wildflower 2nd Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to accept the
improvements and to reduce the development security for Wildflower 1st Addition and to reduce the development security for Wildflower 2nd Addition. These requests have been reviewed and the following reductions are being recommended: Current Security Amount Proposed Security Amount 1. Wildflower 1st Addition: $ 1,297,986 $ 1,047,708 2. Wildflower 2nd Addition: $ 787,239 $ 489,121 The Wildflower 1st Addition public improvements have been completed in accordance with the development agreement dated August 27, 2015 with the exception of Landscaping. The improvements are in the warranty period per the attached Certificate of Completion. A security amount of 25% of the original
security will be retained until the warranty period has expired. Landscaping Improvements will be accepted separately and with different warranty dates. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default.
RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, accept the improvements and approve the security reduction for Wildflower 1st Addition, and approve the security reduction for Wildflower 2nd Addition as detailed in the respective reports. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to accept the improvements and approve security reduction for Wildflower 1st Addition, and approve the security reduction for Wildflower 2nd Addition as detailed in the respective Security Reduction Worksheets”. ATTACHMENTS:
1. Engineers Certificate of Acceptance.
2. Security Reduction Worksheets – Wildflower 1st Addition and Wildflower 2nd Addition.
WILDFLOWER AT LAKE ELMO 1ST ADDITION Time of Performance: November 30, 2016DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading $116,000 NACovered by Site Grading Agreement$116,000Sanitary Sewer $386,885 $483,60675%$241,803 $120,902Watermain $472,052 $590,06575%$295,033 $147,516Streets $916,819 $1,146,02475%$274,539 $584,978Surface Water Facilities $509,946 $637,43375%$318,716 $159,358Erosion Control NA NACovered by Site Grading AgreementSidewalks/Trails $220,838 $276,048$207,036Street Lighting NA NABy Xcel EnergyStreet Signs and Traffic Control Signs $9,950 $12,438$9,328Landscaping $200,000 $250,000Tree Preservation and Restoration $23,675 $29,594$22,195Wetland Mitigation and Buffers NA NALOC Through VBWDMonuments $6,000 $7,500$5,625Miscellaneous Facilities NA NARecord Drawings $6,500 $8,125$6,094TOTALS $2,752,665 $3,440,831RELEASED AMOUNTS:$116,000 $1,130,091 $268,418 $744,337 $250,278CUMMULATIVE AMOUNTS:$116,000 $1,246,091 $1,514,509 $2,258,846 $2,509,123SECURITY AMOUNT REMAINING:$3,440,831 $2,310,740 $2,042,322 $1,297,986 $1,047,708DATE:10/29/2015 12/15/2015 2/16/2016 9/7/2016 12/5/2017REDUCTIONS
WILDFLOWER AT LAKE ELMO 2ND ADDITION Time of Performance: October 31, 2017DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Sanitary Sewer $71,020 $88,77475%$66,581Watermain $81,280 $101,60075%$76,200Streets & Sidewalks $242,331 $302,91450%$151,457Surface Water Facilities $52,912 $66,14050%$33,070Erosion Control $16,533 $20,666Trails $3,257 $4,071Street Lighting $18,000 $22,500By Xcel EnergyStreet Signs and Traffic Control Signs $5,310 $6,638Landscaping $40,500 $50,625Tree Preservation and Restoration NA NAWetland Mitigation and Buffers NA NAMonuments $2,000 $2,500Private Utilities $115,000 $143,750Record Drawings $5,000 $6,250TOTALS $653,143 $816,429RELEASED AMOUNTS:$327,308 $0 $0 $0 $0Incorrect original amount $787,239CUMMULATIVE AMOUNTS:$327,308SECURITY AMOUNT REMAINING:$489,121DATE:12/5/2017REDUCTIONS
STAFF REPORT
DATE: December 5, 2017
CONSENT #8
AGENDA ITEM: Personnel Policy and FMLA Policy
TO: Mayor and Council
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: For the last couple years the Human Resources Committee has been working on an update to the
Personnel Policy. Last year they began working from the League of MN Cities model policy. Since the union contract was approved in August, the committee finalized their recommendations in September to be reviewed by legal.
ISSUE BEFORE COUNCIL:
Should the Council adopt the attached Personnel Policy and FMLA Policy to be effective January 1, 2018? PROPOSAL DETAILS/ANALYSIS: Included in your packet is the draft policy which was worked on by the Human Resources
Committee following the 2016 League of MN Cities model policy. The draft has been updated since the Council review at the November 14, 2017 work session to reflect the IRS per diem rates for meal reimbursement. Also, as discussed at the work session, staff is proposing the effective date of the policies be January 1, 2018 to ease in the transition.
The Personnel Policy includes information on handling media requests; citywide work rules and code of conduct; employee recruitment and selection; hours of work; compensation; performance reviews; benefits; holidays; leaves of absence; sexual harassment prevention; respectful workplace policy; separation from service; discipline; grievance procedure; employee education and training;
outside employment; city driving policy; cell phone use; and safety issues.
Whenever possible, the draft mirrors what is included in the union agreement, i.e. holidays, funeral leave, PTO.
FISCAL IMPACT:
NA OPTIONS: 1) Approve the attached Personnel Policy and FMLA Policy Effective 1/1/18
2) Amend and then approve the attached Personnel Policy and FMLA Policy Effective
1/1/18 3) Do not update the Personnel Policy and FMLA Policy
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve the attached Personnel Policy and FMLA Policy effective 1/1/18.” ATTACHMENT:
• Personnel Policy, effective 1/1/18
• FMLA Policy, effective 1/1/18
1
HUMAN RESOURCES & BENEFITS INFORMATION PERSONNEL POLICY
Effective January 1, 2018
INTRODUCTION Purpose
This handbook provides information to you, as an employee of the City of Lake Elmo, about certain terms and conditions of your employment. It is not, and should not be considered, an employment contract. Your continued employment, and the conditions of
the employment, is solely within the discretion of the City of Lake Elmo. The handbook
summarizes major policies and programs related to your employment. Additional information about many of these policies and programs is available from the city’s Administration office. Please take advantage of those resources to assure that you are fully aware of your rights and responsibilities as an employee of the City of Lake Elmo.
Except as otherwise prohibited by law, the City of Lake Elmo has the right to terminate any employee at any time for any or no reason. Employees may similarly terminate employment at any time for any reason.
Scope These policies apply to all employees of the city, unless covered in a collective bargaining agreement. Except where specifically noted, these policies do not apply to: 1. Elected officials
2. City attorney 3. Members of city boards, commissions, and committees 4. Consultants and contractors 5. Volunteers, except as specifically noted for paid-per-call firefighters.
2
If any specific provisions of the personnel policies conflict with any current union
agreement or civil service rules, the union agreement or civil service rules will prevail.
Union employees are encouraged to consult their collective bargaining agreement first for information about their employment conditions. Nothing in these policies is intended to modify or supersede any applicable provision of state or federal law.
These policies serve as an information guide to help employees become better informed and to make their experience with the city more rewarding. Departments and other classes of employees may have special work rules deemed necessary by the supervisor and
approved by the city administrator for the achievement of objectives of that department.
Each employee will be given a copy of such work rules by the department upon hiring and such rules will be further explained and enforcement discussed with the employee by the immediate supervisor.
DEFINITIONS For purposes of these policies, the following definitions will apply: Authorized Hours The number of hours an employee was hired to work. Actual hours worked during any
given pay period may be different than authorized hours, depending on workload demands or other factors, and upon approval of the employee’s supervisor. Benefits Privileges granted to qualified employees in the form of paid leave and/or insurance
coverage. Demotion The movement of an employee from one job class to another within the city, where the
maximum salary for the new position is lower than that of the employee’s former position.
Direct Deposit As permitted by state law, all city employees are required to participate in direct deposit. Employee An individual who has successfully completed all stages of the selection process, including the probationary period. Exempt Employee Employees who are not covered by the overtime provisions of the federal or state Fair
Labor Standards Act. FICA (Federal Insurance Contributions Act)
3
FICA is the federal requirement that a certain amount be automatically withheld from
employees’ earnings. Specifically, FICA requires an employee contribution of 6.2 percent
for Social Security and 1.45 percent for Medicare. The city contributes a matching 7.65 percent on behalf of each employee. Certain employees are exempt or partially exempt from these withholdings (e.g., police officers).
Fiscal Year
The period from Jan. 1 to Dec. 31. Full-Time Employee Employees who are required to work forty (40) or more hours per week year-round in an
ongoing position.
Hours of Operation The city’s regular hours of operation are Monday through Friday, from 8 a.m. to 4:30 p.m.
Immediate Family
The employee’s spouse, and the children, grandchildren, parents, grandparents, brothers and sisters, of the employee and the employee’s spouse, including all step relations. Management Employee An employee who is responsible for managing a department or division of the city.
Non-Exempt Employee Employees who are covered by the federal or state Fair Labor Standards Act. Such employees are normally eligible for overtime at 1.5 times their regular hourly wage for all
hours worked over forty (40) in any given workweek.
Part-Time Employee Employees who are required to work less than forty (40) hours per week year-round in an ongoing position.
Pay Period A fourteen (14) day period beginning at 12:01 a.m. on Saturday through midnight on Friday, fourteen (14) days later.
PERA (Public Employees Retirement Association)
Statewide pension program in which all city employees meeting program requirements must participate in accordance with Minnesota law. The city and the employee each contribute to the employee’s retirement account.
Promotion
Movement of an employee from one job class to another within the city, where the maximum salary for the new position is higher than that of the employee’s former position
4
Reclassify Movement of a job from one classification to another classification because of a significant change in the position’s duties and responsibilities
Seasonal Employee Employees who work only part of the year (67 days or less) to conduct seasonal work. Seasonal employees may be assigned to work a full-time or part-time schedule. Seasonal
employees do not earn benefits or credit for seniority.
Service Credit Time worked for the city. An employee begins earning service credit on the first day
worked for the city. Some forms of leave will create a break in service. Temporary Employee Employees who work in positions that have a defined start and end date or are for the
duration of a specific project. Temporary employees may be assigned to work a full-time or
part-time schedule. Temporary employees do not earn benefits or credit for seniority. Probationary Period A six-month period at the start of employment with the city (or at the beginning of a
promotion, reassignment, or transfer) that is designated as a period within which to learn
the job, unless covered by a collective bargaining agreement stating a different time frame. The probationary period is an integral extension of the city’s selection process and is used by supervisors for closely observing an employee’s work. An employee serving his/her initial probationary period may be disciplined at the sole discretion of the City, up to and
including dismissal. An employee so disciplined, including dismissal, will not have any
grievance rights. Nothing in this policy handbook shall be construed to imply that during or after completion of the probationary period, an employee has any vested interest or property right to
continued City employment.
Time served in temporary, seasonal, volunteer or interim positions are not considered part of the probationary period. If an emergency arises during an employee’s probationary period which requires a leave of absence, such time off, if granted, will not be considered
as time worked, and the probationary period will be extended by the length of time taken.
Transfer Movement of an employee from one city position to another of equivalent pay.
Weapons
5
Weapons are defined to include all legal or illegal firearms, switchblade knives, or any
other object that has been modified to serve as a weapon or that has the primary purpose of
serving as a weapon. Workweek A workweek is seven consecutive 24-hour periods. For most employees the workweek will
run from Saturday through the following Friday. With the approval of the city
administrator, departments may establish a different workweek based on coverage and service delivery needs (e.g., police department, fire department, park and recreation department). EEO Policy Statement
The City of Lake Elmo is committed to providing equal opportunity in all areas of
employment, including but not limited to recruitment, hiring, demotion, promotion, transfer, recruitment, selection, lay-off, disciplinary action, termination, compensation and selection for training. The City of Lake Elmo will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex,
sexual orientation, gender identity, or gender expression, disability, age, marital status,
genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission or lawful participation in the Minnesota Medical Cannabis Patient Registry. Data Practices Advisory
Employee records are maintained in a location designated by the city administrator.
Personnel data is retained in personnel files, finance files, and benefit/medical files. Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc.
Employees have the right to know what data is retained, where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act. Media Requests
All city employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. Requests for private data or information outside of the scope of an individual’s job duties should be routed to the appropriate department or to the data practices authority.
Any employee who identifies a mistake in reporting should bring the error to the city administrator or other appropriate staff. Regardless of whether the communication is in the employee’s official city role or in a personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc.
6
All requests for interviews or information from the media are to be routed through the city
administrator. No city employee is authorized to speak on behalf of the city without prior
authorization from the city administrator or his/her designee. Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, social media postings, and websites. When responding to media requests, employees should follow these steps:
1. If the request is for routine or public information (such as a meeting time or agenda),
provide the information and notify the city administrator of the request. 2. If the request is regarding information about city personnel, potential litigation, controversial issues, an opinion on a city matter, or if an employee is unsure if the request is a “routine” question, forward the request to the city administrator. An
appropriate response would be, “I’m sorry, I don’t have the full information regarding
that issue. Let me take some basic information and submit your request to the appropriate person, who will get back to you as soon as he/she can.” Then ask the media representative’s name, questions, deadline, and contact information.
All news releases concerning city personnel will be the responsibility of the city
administrator or his/her designee. When/if the city administrator authorizes a staff person to communicate on behalf of the city in interviews, publications, news releases, on social media sites, and related
communications, employees must:
• Identify themselves as representing the city. Account names on social media sites must be clearly connected to the city and approved by the city administrator.
• Be respectful, professional, and truthful when providing information. In most
cases, only factual information (not opinions or editorial comments) should be provided: “The city finished street cleaning on 16 streets in the northwest corner of the city this past week” instead of “The city is doing a great job with street cleaning this year!” Corrections must be issued when needed.
• Generally do not include personal opinions in official city statements. One exception is communications related to promoting a city service. For example, an employee could post the following on the city’s Facebook page: “My family visited Hill Park this weekend and really enjoyed the new band shelter.” Employees who have been approved to use social media sites on behalf of the city should seek
assistance from the city administrator on this topic.
• Notify the city administrator if they will be using their personal technology (cell phones, home computer, cameras, etc.) for city business. Employees should be aware that the data transmitted or stored may be subject to the Minnesota
Government Data Practices Act.
Personal Communications and Use of Social Media It is important for city employees to remember that the personal communications of employees may reflect on the city, especially if employees are commenting on city
7
business. The following guidelines apply to personal communications, including various
forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), letters to the editor
of newspapers, and personal endorsements:
• Remember that what you write or post is public, and will be so for a long time. It may also be spread to large audiences. Use common sense when using email or
social media sites. It is a good idea to refrain from sending or posting information
or photos that you would not want your boss or other employees to read, or that you would be embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation that would not be permissible in the workplace is not permissible between co-workers online, even if it is done after
hours, from home and on home computers.
• The City of Lake Elmo expects its employees to be fair, courteous, and respectful to supervisors, co-workers, citizens, customers, and other persons associated with the city. Avoid using statements, photographs, video or audio that can be reasonably viewed as malicious, obscene, threatening or intimidating, disparaging, or might
constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of sex, race, national origin, age, color, creed, religion, disability, marital status, familial status, veteran status, sexual orientation, gender identity, or gender expression, status with regard
to public assistance or membership or activity in a local commission.
• If you publish something related to city business, identify yourself and use a disclaimer such as, “I am an employee of the City of Lake Elmo. However, these are my own opinions and do not represent those of the City of Lake Elmo.”
• City resources, working time, or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. Some examples: a building inspector could not use the city’s logo, email, or working time to promote his/her side business as a plumber; a parks employee should not access a
park after hours even though he or she may have a key; a clerk, while working at
City Hall, should not campaign for a friend who is running for City Council.
• Personal social media account name or email names should not be tied to the city (e.g., Lake Elmo Cop). CITYWIDE WORK RULES & CODE OF CONDUCT Conduct as a City Employee
In accepting city employment, employees become representatives of the city and are
responsible for assisting and serving the citizens for whom they work. An employee’s primary responsibility is to serve the residents of Lake Elmo. Employees should exhibit conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To achieve this goal, employees must adhere to established policies, rules, and procedures and follow the instructions of their supervisors.
8
The following are job requirements for every position at the City of Lake Elmo. All
employees are expected to:
• Perform assigned duties to the best of their ability at all times.
• Render prompt and courteous service to the public at all times.
• Read, understand, and comply with the rules and regulations as set forth in these personnel policies as well as those of their departments.
• Conduct themselves professionally toward both residents and staff and respond to inquiries and information requests with patience and every possible courtesy.
• Report any and all unsafe conditions to the immediate supervisor.
• Maintain good attendance while meeting the goals set by your supervisor. Attendance & Absence
The operations and standards of service in the City of Lake Elmo require that employees be
at work unless valid reasons warrant absence or an employee has a position that has been
approved to work remotely. In order for a team to function efficiently and effectively, employees must fully understand the goals that have been set for them and the time that is required to be on the job. Understanding attendance requirements is an essential function of every city position.
Employees who are going to be absent from work are required to notify their supervisor as soon as possible in advance of the absence. In case of an unexpected absence, employees should call their supervisor before the scheduled starting time and keep in mind the following procedures:
• If the supervisor is not available at the time, the employee should leave a message that includes a telephone number where he/she can be reached and/or contact any other individual who was designated by the supervisor.
• Failure to use the established reporting process will be grounds for disciplinary
action.
• The employee must call the supervisor on each day of an absence extending beyond one (1) day unless arrangements otherwise have been made with the supervisor.
• Employees who are absent for three (3) days or more and who do not report the
absence in accordance with this policy, will be considered to have voluntarily resigned not in good standing.
• The city may waive this rule if extenuating circumstances warranted such behavior.
This policy does not preclude the city from administering discipline for unexcused
absences of less than three (3) days. Individual departments may establish more specific reporting procedures. For budgetary and confidentiality reasons, non-exempt employees (eligible for overtime
pay) are not authorized to take work home or work through lunch without prior approval
from their supervisor.
9
Access to and Use of City Property
Any employee who has authorized possession of keys, tools, cell phones, pagers, or other
city-owned equipment must register his/her name and the serial number (if applicable) or
identifying information about the equipment with his/her supervisor. All such equipment must be turned in and accounted for by any employee leaving employment with the city in order to resign in good standing.
Employees are responsible for the safekeeping and care of all such equipment. The
duplication of keys owned by the city is prohibited unless authorized by the city administrator. Any employee found having an unauthorized duplicate key will be subject to disciplinary action.
Appearance
Departments may establish dress codes for employees as part of departmental rules.
Personal appearance should be appropriate to the nature of the work and contacts with
other people and should present a positive image to the public. Clothing, jewelry, or other items that could present a safety hazard are not acceptable in the workplace. Dress needs vary by function. Employees who spend a portion of the day in the field need to dress in a professional manner appropriate to their jobs, as determined by their supervisor.
Employees may dress in accordance with their gender identity, within the constraints of the
dress codes adopted by the city. City staff shall not enforce the city’s dress code more strictly against transgender and gender diverse employees than other employees. Conflict of Interest
City employees are to remove themselves from situations in which they would have to take
action or make a decision where that action or decision could be a perceived or actual
conflict of interest or could result in a personal benefit for themselves or a family member. If an employee has any question about whether such a conflict exists, he/she should consult with the city administrator.
Falsification of Records
Any employee who makes false statements or commits, or attempts to commit, fraud in an effort to prevent the impartial application of these policies will be subject to immediate disciplinary action up to and including termination and potential criminal prosecution. Personal Telephone Calls
Personal telephone calls are not to interfere with city work and are to be completed as
quickly as possible. Any personal long distance call costs will be paid for by the employee.
Please refer to the cell phone policy for information on use of cellular phones.
Political Activity
10
City employees have the right to express their views and to pursue legitimate involvement
in the political system. However, no city employee will directly or indirectly, during hours
of employment, solicit or receive funds for political purposes. Further, any political activity in the workplace must be pre-approved by the city to avoid any conflict of interest or perception of bias such as using authority or political influence to compel another employee to apply for or become a member in a political organization.
Smoking
The City of Lake Elmo observes and supports the Minnesota Clean Indoor Air Act. All city buildings and vehicles, in their entirety, shall be designated as tobacco free, meaning that smoking in any form (through the use of tobacco products such as pipes, cigars, and cigarettes) or “vaping” with e-cigarettes is prohibited while in a city facility or vehicle.
Smoking of any kind, including pipes, cigars, cigarettes, vaping with e-cigarettes, and the use of chewing tobacco, is prohibited for employees while on duty. Employees 18 and over are allowed to smoke only during their breaks and lunch, and only in areas designated for that purpose.
EMPLOYEE RECRUITMENT & SELECTION Scope
The city administrator or a designee will manage the hiring process for positions within the
city. While the hiring process may be coordinated by staff, the City Council is responsible for the final hiring decision and must approve all hires to city employment. All hires will be made according to merit and fitness related to the position being filled. Features of the Recruitment System
The city administrator or designee will determine if a vacancy will be filled through an
open recruitment or by promotion, transfer, or some other method. This determination will be made on a case-by-case basis. The majority of position vacancies will be filled through an open recruitment process. Application for employment will generally be made by application forms provided by the
city. Other materials in lieu of a formal application may be accepted in certain recruitment situations as determined by the city administrator or designee. Supplemental questionnaires may be required in certain situations. All candidates must complete and submit the required application materials by the posted deadline, in order to be considered for the position.
The deadline for application may be extended by the city administrator. Unsolicited applications will not be kept on file.
11
Position vacancies may be filled on an “acting” basis as needed. The City Council will
approve all acting appointments. Pay rate adjustments, if any, will be determined by the
City Council. Testing and Examinations Applicant qualifications will be evaluated in one or more of the following ways: training and experience rating; written test; oral test or interview; performance or demonstrative test; physical agility test; or other appropriate job-related exam. For example:
• Keyboarding exercises for data entry positions.
• Writing exercises for positions requiring writing as part of the job duties.
• “In-basket” exercise for an administrative support position (sets up real-life
scenarios and items that would likely be given to the position for action, and asks the candidate to list and prioritize the steps they would take to complete the tasks).
• Mock presentation to the City Council for a planning director position, for example.
Internal recruitments will be open to any city employee who: (1) has successfully completed the initial probationary period; (2) meets the minimum qualifications for the vacant position; and (3) is currently in good standing with the city.
The City Council or designee will establish minimum qualifications for each position with input from the appropriate supervisor. To be eligible to participate in the selection process, a candidate must meet the minimum qualifications.
Pre-Employment Medical Exams
The city administrator or designee may determine that a pre-employment medical examination, which may include a psychological evaluation, is necessary to determine fitness to perform the essential functions of any city position. Where a medical examination is required, an offer of employment is contingent upon successful completion of the medical exam.
When a pre-employment medical exam is required, it will be required of all candidates who are finalists and who are offered employment for a given job class. Information obtained from the medical exam will be treated as confidential medical records.
When required, the medical exam will be conducted by a licensed physician designated by the city with the cost of the exam paid by the city. (Psychological/psychiatric exams will be conducted by a licensed psychologist or psychiatrist). The physician will notify the city
administrator or designee that a candidate either is or isn’t medically able to perform the
essential functions of the job, with or without accommodations, and whether the candidate passed a drug test, if applicable. If the candidate requires accommodation to perform one or more of the essential functions of the job, the city administrator or designee will confer with the physician and candidate regarding reasonable and acceptable accommodations. If
12
a candidate is rejected for employment based on the results of the medical exam, he/she
will be notified of this determination.
Selection Process The selection process will be a cooperative effort between the city administrator or designee and the hiring supervisor, subject to final hiring approval of the City Council. Any, all, or none of the candidates may be interviewed.
The process for hiring seasonal and temporary employees may be delegated to the appropriate supervisor with each hire subject to City Council approval. Except where prohibited by law, seasonal and temporary employees may be terminated by the supervisor at any time, subject to City Council approval.
The city has the right to make the final hiring decision based on qualifications, abilities, experience and City of Lake Elmo’s needs. Background Checks All finalists for employment with the city will be subject to a background check to confirm information submitted as part of application materials and to assist in determining the
candidate’s suitability for the position. Except where already defined by state law, the city
administrator will determine the level of background check to be conducted based on the position being filled. Probationary Period
The probationary period is an integral part of the selection process and will be used for the
purpose of closely observing the employee’s work and for training the employee in work
expectations. Training periods apply to new hires, transfers, promotions, and rehires. Probationary periods are six months in duration, but may be extended by, for example, an unpaid leave of absence.
Prior to completion of this orientation period, employees may be dismissed with or without
cause by written notice. All promotions, transfers, and reappointments will be subject to a six (6) month probationary period. During this probationary period employees will continue to be
considered regular full-time employees, will accrue seniority and will be protected in
discharge procedure as other regular full-time employees. Successful completion of this probationary period does not guarantee continued employment with the City or change the at-will status of your employment.
ORGANIZATION
Job Descriptions
13
The city will maintain job descriptions for each regular position. New positions will be
developed as needed but must be approved by the City Council prior to the position being
filled. A job description is prepared for each position within the city. Each job description will include: position title, department, supervisor’s title, FLSA status (exempt or non-exempt),
primary objective of the position, essential functions of the position, examples of
performance criteria, minimum requirements, desirable training and experience, supervisory responsibilities (if any), and extent of supervisory direction or guidance provided to position. In addition, job descriptions may also describe the benefits offered and potential career path opportunities as a means to entice a qualified pool of applicants.
Good attendance and compliance with work rules and policies are essential functions of all
city positions.
Prior to posting a vacant position the existing job description is reviewed by the city
administrator or designee and the hiring supervisor to ensure the job description is an accurate reflection of the position and that the stated job qualifications do not present artificial barriers to employment. All postings are approved by the City Council.
A current job description is provided to each new employee. Supervisors are responsible for revising job descriptions as necessary to ensure that the position’s duties and responsibilities are accurately reflected. All revisions are reviewed and must be approved by the city administrator.
Assigning and Scheduling Work
Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the city administrator.
Job Descriptions and Classifications
Assignment of job titles, establishment of minimum qualifications, and the maintenance of
job descriptions and related records is the responsibility of the city administrator.
Layoff
In the event it becomes necessary to reduce personnel, temporary employees and those
serving a probationary period in affected job classes will be terminated from employment
with the city before other employees in those job classes. Within these groups, the selection of employees to be retained will be based on merit and ability as determined by the city administrator, subject to approval of the City Council. When all other considerations are equal, the principle of seniority will apply in layoffs and recall from layoffs.
HOURS OF WORK Work Hours
14
Employee work schedules and opportunities to work remotely will be established by
supervisors with the approval of the city administrator. The regular workweek for
employees is five eight-hour days in addition to a lunch period, Monday through Friday, except as otherwise approved by the city administrator in accordance with the customs and needs of the individual departments.
Part-time, seasonal, and temporary positions: In order to comply with law while avoiding
penalties, part-time employees will be scheduled with business needs and in a manner that ensures positions retain part-time status as intended.. All shifts, including schedule trades or picked-up shifts, must be pre-approved by supervisor. Unpaid furloughs may be imposed on employees who exceed 28 hours/week. Working a shift without prior approval
may result in discipline, up to and including termination of employment.
Core Hours To ensure employee availability and accountability to the public the city serves, all full-time employees (exempt and non-exempt) are to be at work or available to the public and co-workers during the city’s business hours, Monday through Friday, unless away
from the work site for a work-related activity or on approved leave.
Meal Breaks and Rest Periods
A paid fifteen (15) minute break is allowed within each four (4) consecutive hours of work. An unpaid thirty (30) minute lunch period is provided when an employee works eight (8) or more consecutive hours. Employees are expected to use these breaks as intended and will not be permitted to adjust work start time, end time, or lunch time by saving these breaks.
Departments with unique job or coverage requirements may have additional rules, issued by the supervisor and subject to approval of the city administrator, on the use of meal breaks and rest periods. Adverse Weather Conditions
City facilities will generally be open during adverse weather. Due to individual
circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees not reporting to work for reasons of personal safety will not normally have their pay reduced as a result of this absence. Employees will be allowed to use accrued paid time off or compensatory time, or with
supervisor approval, may modify the work schedule or make other reasonable schedule
adjustments. Sworn police officers and public works maintenance employees will generally be required to report to work regardless of conditions.
Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the respective supervisor or the city administrator.
15
COMPENSATION
Full-time employees of the city will be compensated as determined by the City Council.
Unless approved by the Council, employees will not receive any amount from the city in addition to the pay authorized for the positions to which they have been appointed. Expense reimbursement for travel expenses may be authorized in addition to regular pay.
Compensation for seasonal and temporary employees will be set by the City Council at the
time of hire, or on an annual basis. Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. While the Minnesota Government Data
Practices Act (Minn. Stat. §13.43), specifically lists an employee’s actual gross salary and
salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end, and in accordance with Minn. Stat. §181.172, employers may not:
• Require nondisclosure by an employee of his or her wages as a condition of
employment.
• Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee’s wages.
• Take any adverse employment action against an employee for disclosing the
employee’s own wages or discussing another employee’s wages which have been disclosed voluntarily.
• Retaliate against an employee for asserting rights or remedies under Minn. Stat.
§181.172, subd. 3.
The city cannot retaliate against an employee for disclosing his/her own wages. An employee’s remedies under the Wage Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at (651) 284-5070 or (800) 342-5354.
Direct Deposit
As provided for in Minnesota law, all employees are required to participate in direct deposit. Employees are responsible for notifying the HR Director of any change in status, including changes in address, phone number, names of beneficiaries, marital status, etc. When paydays fall on a holiday, deposits will be made the day before the holiday.
Time Reporting
Full-time, non-exempt employees are expected to work the number of hours per week as established for their position. In most cases, this will be 40 hours per workweek. They will be paid according to the time reported on their time sheets. To comply with the provisions of the federal and state Fair Labor Standards Acts, hours worked and any leave time used by non-exempt employees are to be recorded daily and submitted to payroll on a bi-weekly
16
basis. Each time reporting form must include the signature of the employee and immediate
supervisor. Reporting false information on a time sheet may be cause for immediate
termination. Overtime / Compensatory Time The City of Lake Elmo has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The city administrator will determine whether each employee is designated as “exempt” or “non-exempt” from
earning overtime. In general, employees in executive and professional job classes are exempt; all others are non-exempt. Non-Exempt (Overtime-Eligible) Employees All overtime-eligible employees will be compensated at the rate of time-and-one-half for all hours worked over 40 in one workweek. Paid holidays do count toward “hours worked.”
Compensation will take the form of either time-and-one-half pay or compensatory time as
determined by the employee. Compensatory time is paid time off at the rate of one-and-one-half hours off for each hour of overtime worked. For most employees the workweek begins at 12:01 a.m. on Saturday and runs until the
following Friday night at midnight. Supervisors may establish a different workweek based
on the needs of the department, subject to the approval of the city administrator. The employee’s supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action.
Overtime earned will be paid at the rate of time-and-one-half on the next regularly scheduled payroll date, unless the employee indicates on his/her timesheet that the overtime earned is to be recorded as compensatory time in lieu of payment.
The maximum compensatory time accumulation for any employee is 40 hours per year.
Once an employee has earned 40 hours of compensatory time in a calendar year, no further compensatory time may accrue in that calendar year. All further overtime will be paid. Employees may request and use compensatory time off in the same manner as other leave requests.
All compensatory time will be marked as such on official time sheets, both when it is earned and when it is used. The Finance Department will maintain compensatory time records. All compensatory time accrued will be paid when the employee leaves city employment at the hourly pay rate the employee is earning at that time.
Exempt (Non-Overtime-Eligible) Employees
Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for
17
reasons of public accountancy, an exempt employee will need to work 40 or more hours
per week. Exempt employees do not receive extra pay for the hours worked over 40 in one
workweek. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based
on the quality or quantity of work performed, and they receive their full weekly salary for
any week in which any work is performed. The City of Lake Elmo will only make deductions from the weekly salary of an exempt employee in the following situations:
• The employee is in a position that does not earn vacation or personal leave and is absent for a day or more for personal reasons other than sickness or accident.
• The employee is in a position that earns sick leave, receives a short-term
disability benefit or workers’ compensation wage loss benefits, and is absent for a full day due to sickness or disability, but he/she is either not yet qualified to use the paid leave or he/she has exhausted all of his/her paid leave.
• The employee is absent for a full workweek and, for whatever reason, the absence is not charged to paid leave (for example, a situation where the employee has exhausted all of his/her paid leave or a situation where the employee does not earn paid leave).
• The very first workweek or the very last workweek of employment with the
city in which the employee does not work a full week. In this case, the city will prorate the employee’s salary based on the time actually worked.
• The employee is in a position that earns paid leave and is absent for a partial
day due to personal reasons, illness, or injury, but:
• Paid leave has not been requested or has been denied.
• Paid leave is exhausted.
• The employee has specifically requested unpaid leave.
• The employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all employees.
• The employee takes unpaid leave under the FMLA.
• The City of Lake Elmo may for budgetary reasons implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the salary of an exempt employee. In this case, the employee will be treated as non-exempt for any workweek in which the
budget-related deductions are made.
18
The City of Lake Elmo will not make deductions from pay due to exempt employees being
absent for jury duty or attendance as a witness but will require the employee to pay back to
the city any amounts received by the employee as jury fees or witness fees. If the city inadvertently makes an improper deduction to the salary of an exempt employee, the city will reimburse the employee and make appropriate changes to comply in the future.
All employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work.
Leave Policy for Exempt Employees
Exempt employees are required to work the number of hours necessary to fulfill their responsibilities including evening meetings and/or on-call hours. The normal hours of business for exempt staff are Monday through Friday, 8 a.m. to 4:30 p.m., plus evening meetings as necessary.
Exempt employees are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in work hours above and beyond the normal 8 a.m. to 4:30
p.m. Monday through Friday requirement. Exempt employees must communicate their absence to the city administrator or his/her designee. If an exempt employee is regularly absent from work under this policy and it is found that there is excessive time away from work that is not justified, the situation will be handled as
a performance issue. If it appears that less than forty (40) hours per week is needed to fulfill the position’s responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the city. Additional notification and approval requirements may be
adopted by the city administrator for specific situations as determined necessary. PERFORMANCE REVIEWS An objective performance review system will be established by the city administrator or designee for the purpose of periodically evaluating the performance of city employees. The quality of an employee’s past performance will be considered in personnel decisions such
as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. Performance reviews will be discussed with the employee. While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are
19
challengeable, other performance evaluation data, including subjective assessments, are
not. For those parts of the performance evaluation system deemed not challengeable, an
employee may submit a written response, which will be attached to the performance review. Performance reviews are to be scheduled on a regular basis, at least annually. The form, with all required signatures, will be retained as part of the employee’s personnel file.
During the probationary period, informal performance meetings should occur between the
supervisor and the employee. Conducting these informal performance meetings provides both the supervisor and the employee the opportunity to discuss what is expected, what is going well and not so well.
Signing of the performance review document by the employee acknowledges the review
has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. BENEFITS
Health, Dental, Life and Disability Insurance The city will contribute a monthly amount toward group health, dental, life and disability insurance benefits for each eligible employee and his/her dependents. An employee
working 30 hours or more per week is eligible to receive benefits. Employees working 30-39 hours per week will receive pro-rated benefits. Waiting periods will apply as determined by the plan. The city makes a competitive monthly contribution toward group health, dental,
and life insurance benefits. Cost sharing is determined by Resolution of the City Council. Employees are encouraged to look closely at this contribution as part of their overall compensation package with the city. In accordance with federal health care reform laws and regulations, while
avoiding penalties, the city will offer health insurance benefits to eligible employees and their dependents that work on average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more per month. The amount to be contributed and the type of coverage will be determined
annually by the City Council. For information about coverage and eligibility requirements, employees should refer to the summary plan description or contact the HR Director. Retirement/PERA
The city participates in the Public Employees Retirement Association (PERA) to provide
pension benefits for its eligible employees to help plan for a successful and secure
retirement. Participation in PERA is mandatory for most employees, and contributions into PERA begin immediately. The city and the employee contribute to PERA each pay period
20
as determined by state law. Most employees are also required to contribute a portion of
each pay check for Social Security and Medicare (the city matches the employee’s Social
Security and Medicare withholding). For information about PERA eligibility and contribution requirements, contact the HR Director. HOLIDAYS
The city observes the following official holidays for all regular full-time and part-time
employees:
New Year’s Day Columbus Day Martin Luther King, Jr. Day Veterans Day Presidents Day Thanksgiving Day
Memorial Day Friday after Thanksgiving
Independence Day Christmas Eve Labor Day Christmas Day Official holidays commence at the beginning of the first shift of the day on which the
holiday is observed and continue for twenty-four (24) hours thereafter.
When a holiday falls on a Sunday, the following Monday will be the “observed” holiday and when a holiday falls on a Saturday, the preceding Friday will be the “observed” holiday for city operations/facilities that are closed on holidays.
Full-time employees will receive pay for official holidays at their normal straight time rates, provided they are on paid status on the last scheduled day prior to the holiday and first scheduled day immediately after the holiday. Part-time employees will receive prorated holiday pay based on the number of hours normally scheduled. Any employee on
a leave of absence without pay from the city is not eligible for holiday pay.
Premium pay of 1.5 times the regular hourly wage for employees required to work on a holiday will be for hours worked on the “actual” holiday as opposed to the “observed” holiday.
Employees wanting to observe holidays other than those officially observed by the city may request either vacation leave or unpaid leave for such time off.
LEAVES OF ABSENCE Depending upon an employee’s situation, more than one form of leave may apply during the same period of time (e.g., the Family and Medical Leave Act is likely to apply during a
workers’ compensation absence). An employee will need to meet the requirements of each
form of leave separately. Leave requests will be evaluated on a case-by-case basis.
21
Except as otherwise stated, all paid time off, taken under any of the city’s leave programs,
must be taken consecutively, with no intervening unpaid leave. The city will provide
employees with time away from work as required by state or federal statutes, if there are requirements for such time off that are not described in the personnel policies. Funeral Leave
Employees will be permitted to use up to three (3) consecutive working days, with pay, as
funeral leave upon the death of an immediate family member and one (1) day for other
family. This paid leave will not be deducted from the employee’s paid time off balance. The actual amount of time off, and funeral leave approved, will be determined by the supervisor or city administrator depending on individual circumstances (such as the
closeness of the relative, arrangements to be made, distance to the funeral, etc.).
Annual Leave (Paid Time Off)
Annual leave can be used for any reason, subject to existing request and approval procedures. As with all paid time off programs, the city needs to ensure that service to the public and work requirements are not adversely impacted.
Accrual Rates for Annual Leave
Years of Service Annual Accrual Rates 0-5 Years 5 hours bi-weekly 6-10 Years 6.5 hours bi-weekly 11-15 Years 8 hours bi-weekly
16-24 Years 9.5 hours bi-weekly
25 Years or More 10 hours bi-weekly Annual leave will not accrue during unpaid leaves. Regular part-time employees will accrue annual leave on a prorated basis based on regular hours worked.
No more than 240 hours of annual leave may be carried over into the following year. Any amount above the maximum 240 hours shall be converted to a contribution to MSRS. Such conversion shall be capped at 40 hours per year. The conversion shall take place once a year in the second week of December.
Employees leaving the city in good standing will receive 100 percent of their annual leave balance as compensation (applicable taxes will be withheld). Employees have the option of directing those dollars into a 457 deferred compensation plan (subject to IRS maximum deferral regulations and Minnesota law).
Medical Certification
22
Good attendance is an essential job function for all city employees. If unplanned absences
are excessive, a doctor’s certification may be required. The physician’s certification is to
state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of his/her position. A statement attesting to the employee’s ability to return to work and perform the essential
functions of the job and a description of any work restrictions may also be required before
the employee returns to work. Returning to Work After a Medical Absence After a medical absence, a physician’s statement may be required on the employee’s first day back to work, indicating the nature of the illness or medical condition and attesting to the employee’s ability to return to work and safely perform the essential functions of the
job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return-to-work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Annual leave may be denied for any employee required to
provide a doctor’s statement until such a statement is provided. The city has the right to obtain a second medical opinion to determine the validity of an employee’s workers’ compensation or sick leave claim, or to obtain information related to restrictions or an employee’s ability to work. The city will arrange and pay for an
appropriate medical evaluation when it has been required by the city.
Unpaid Leave
Unpaid leaves may be approved in accordance with the city personnel policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave
qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the city administrator.
Military Leave
State and federal laws provide protections and benefits to city employees who are called to military service, whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 days
in any calendar year. Refer to current state and federal laws for details.
The leave of absence is only in the event the employee returns to employment with the city as required upon being relieved from service, or is prevented from returning by physical or mental disability or other cause not the fault of the employee, or is required by the proper
authority to continue in military or naval service beyond the fifteen (15) day paid leave of
23
absence. Employees on extended unpaid military leave will receive fifteen (15) days paid
leave of absence in each calendar year, not to exceed five years.
Where possible, notice is to be provided to the city at least ten (10) working days in advance of the requested leave. If an employee has not yet used his/her fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed for the active
duty time, prior to the unpaid leave of absence.
Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military
leave will be considered hours worked for the purpose of paid time off (PTO) accrual.
Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen (15) days will follow the same procedures as for any employee on an unpaid leave of absence.
Employees will be granted up to ten (10) working days of unpaid leave whose immediate family member is a member of the United States armed forces who has been injured or killed while engaged in active service. The 10 days may be reduced if an employee elects to use appropriate accrued paid leave.
Unless the leave would unduly disrupt the operations of the city, employees whose immediate family member, as a member of the United States armed forces has been ordered into active service in support of a war or other national emergency, will be granted an unpaid leave of absence, not to exceed one day’s duration in any calendar year, to attend
a send-off or homecoming ceremony for the mobilized service member.
Jury Duty Regular full-time and part-time employees will be granted paid leaves of absence for required jury duty in accordance with current state law.
Regular full-time and part-time employees will be granted paid leaves of absence for
required jury duty. Such employees will be required to turn over any compensation they receive for jury duty, minus mileage reimbursement, to the city in order to receive their regular wages for the period. Time spent on jury duty will not be counted as time worked in computing overtime.
Employees excused or released from jury duty during their regular working hours will report to their regular work duties as soon as reasonably possible or will take accrued PTO or compensatory time to make up the difference.
Employees are required to notify their supervisor as soon as possible after receiving notice
to report for jury duty. The employee will be responsible for ensuring that a report of time
24
spent on jury duty and pay form is completed by the clerk of court so the city will be able to
determine the amount of compensation due for the period involved.
Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty, but can take a leave without pay subject to department head approval. However, if a temporary or seasonal employee is classified as exempt, he/she
will receive compensation for the jury duty time.
Court Appearances Employees will be paid their regular wage to testify in court for city-related business. Any compensation received for court appearances (e.g. subpoena fees) arising out of or in connection with city employment, minus mileage reimbursement, must be turned over to the city.
Victim or Witness Leave
An employer must allow a victim or witness, who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony, or is the spouse or immediate family member (immediate family member includes parent, spouse, child or sibling of the employee) of such victim, reasonable time off from work to attend criminal
proceedings related to the victim’s case.
Job Related Injury or Illness All employees are required to report any job-related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee is to go to the nearest available
medical facility for treatment and, as soon as possible, notify his/her supervisor of the
action taken. In the case of a serious emergency, 911 should be called. If the injury is not of an emergency nature, but requires medical attention, the employee will report it to the supervisor and make arrangements for a medical appointment.
Workers’ compensation benefits and procedures to return to work will be applied according to applicable state and federal laws. Administrative Leave
Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation. The leave may be paid or
unpaid, depending on the circumstances, as determined by the city administrator with the approval of the City Council. School Conference Leave Any employee who has worked half-time or more for more than twelve (12) consecutive months, may take unpaid leave for up to a total of sixteen (16) hours during any 12-month
25
period to attend school conferences or classroom activities related to the employee’s child
(under 18 or under 20 and still attending secondary school), provided the conference or
classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the city. Employees may choose to
use PTO leave hours for this absence, but are not required to do so.
Family and Medical Leave See the City of Lake Elmo Family Medical Leave Policy Pregnancy and Parenting Leave Employees who work twenty (20) hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence under the Pregnancy and
Parenting Leave Act of Minnesota. Refer to current state and federal laws for details.
Employees who work twenty (20) hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity due
to pregnancy, childbirth, or related health conditions as well as a biological or adoptive
parent in conjunction with after the birth or adoption of a child as eligible for up to 12 weeks of unpaid leave and must begin within twelve (12) months of the birth or adoption of the child. In the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital. Employee should
provide reasonable notice, which is at least 3 days. If the leave must be taken in less than
three days, the employee should give as much notice as practicable. In the case of both spouses working for the same employer, each eligible employee is entitled to 12 weeks of parental leave per 12 month period.
Employees are required to use accrued PTO leave during Parenting Leave. If the employee
has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain available
while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the
employee will be responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward insurance benefits will continue during the FMLA leave absence.
Reasonable Unpaid Work Time for Nursing Mothers
Nursing mothers will be provided reasonable unpaid break time for nursing mothers to express milk for nursing her child for one year after the child’s birth. The city will provide
26
a room (other than a bathroom) as close as possible to the employee’s work area, that is
shielded from view and free from intrusion from coworkers and the public and includes
access to an electrical outlet, where the nursing mother can express milk in private. Light Duty/Modified Duty Assignment This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the city administrator on a case-by-case basis. This policy does not
guarantee assignment to light duty. Such assignments are for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the city administrator. The city administrator reserves the right to determine when and if light duty work will be assigned.
When an employee is unable to perform the essential requirements of his/her job due to a temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician’s
report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability. The notice must include the expected time frame regarding return to work with no restrictions, meeting all essential requirements and functions of the city’s job description along with a written request for light duty. Upon receipt of the written request, the supervisor is to forward a copy of the report to the city administrator.
The city may require a medical exam conducted by a physician selected by the city to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions.
It is at the discretion of the city administrator whether or not to assign light duty work to the employee. Although this policy is handled on a case-by-case basis, light duty will not generally be approved beyond six months. If the city offers a light duty assignment to an employee who is out on workers’
compensation leave, the employee may be subject to penalties if he/she refuses such work. The city will not, however, require an employee who is otherwise qualified for protection under the Family and Medical Leave Act to accept a light duty assignment. The circumstances of each disabled employee performing light duty work will be reviewed
regularly. Any light duty/modified work assignment may be discontinued at any time. Bone Marrow/Organ Donation Leave Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours, unless agreed to by the city, to undergo medical procedures to donate
27
bone marrow or an organ. The 40 hours is over and above the amount of accrued time the
employee has earned
The city may require a physician’s verification of the purpose and length of the leave requested to donate bone marrow or an organ. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, the paid leave of absence
granted to the employee prior to that medical determination is not forfeited.
Elections / Voting An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off without pay for purposes of serving as an election judge, provided that the employee gives the city at least ten (10) days written notice.
All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to vote on the election day. Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues.
Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy
The city will attempt to provide a female employee who requests reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth:
• More frequent restroom, food, and water breaks;
• Seating;
• Limits on lifting over 20 pounds; and/or
• Temporary transfer to a less strenuous or hazardous position, should one be
available. Unless such accommodations impose an undue hardship on the city, the city will engage in an interactive process with respect to an employee’s request for a reasonable
accommodation.
SEXUAL HARASSMENT PREVENTION General
The City of Lake Elmo is committed to creating and maintaining a work place free of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964 and the Minnesota Human Rights Act.
28
In keeping with this commitment, the city maintains a strict policy prohibiting unlawful
sexual harassment. This policy prohibits harassment in any form, including verbal and
physical sexual harassment. This policy statement is intended to make all employees sensitive to the matter of sexual harassment, to express the city’s strong disapproval of unlawful sexual harassment, to
advise employees against this behavior and to inform them of their rights and obligations.
The most effective way to address any sexual harassment issue is to bring it to the attention of management. Definitions
To provide employees with a better understanding of what constitutes sexual harassment,
the definition, based on Minnesota Statute § 363A.03, subd. 43, is provided: sexual
harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when:
• Submitting to the conduct is made either explicitly or implicitly a term or condition
of an individual’s employment; or
• Submitting to or rejecting the conduct is used as the basis for an employment decision affecting an individual’s employment; or
• Such conduct has the purpose or result of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile or offensive work environment. Examples of inappropriate conduct include but are not limited to: unwanted physical
contact; unwelcome sexual jokes or comments; sexually explicit posters or pinups;
repeated and unwelcome requests for dates or sexual favors; sexual gestures or any indication, expressed or implied, that job security or any other condition of employment depends on submission to or rejection of unwelcome sexual requests or behavior. In summary, sexual harassment is the unwanted, unwelcome and repeated action of an
individual against another individual, using sexual overtones as a means of creating stress.
Expectations
All employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. Violations of this policy may result in discipline, including possible termination. Each situation will be evaluated on a case-by-case basis.
Employees who feel that they have been victims of sexual harassment, or employees who are aware of such harassment, should immediately report their concerns to any of the following: 1. Immediate supervisor;
2. City administrator;
29
3. Mayor or city councilmember.
In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also encouraged to take the following steps: 1. Make it clear to the harasser that the conduct is unwelcome and document that conversation.
2. Document the occurrences of harassment.
3. Submit the documented complaints to your supervisor, city administrator, mayor, or any member of the City Council. Employees are strongly encouraged to put the complaint in writing. 4. Document any further harassment or reprisals that occur after the initial complaint is
made.
The city urges that conduct which is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immediate counseling, if appropriate.
Management has the obligation to provide an environment free of sexual harassment. The
city is obligated to prevent and correct unlawful harassment in a manner which does not abridge the rights of the accused. To accomplish this task, the cooperation of all employees is required.
The city will take action to correct any and all reported harassment to the extent evidence is
available to verify the alleged harassment and any related retaliation. All allegations will be investigated. Strict confidentiality is not possible in all cases of sexual harassment as the accused has the right to answer charges made against them; particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the
individuals involved, to the extent possible.
Any employee who makes a false complaint or provides false information during an investigation may be subject to disciplinary action, up to and including termination.
The City is not voluntarily engaging in a dispute resolution process within the meaning of
Minn. Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of
Human Rights.
Retaliation The City of Lake Elmo will not tolerate retaliation or intimidation directed towards anyone who makes a complaint of employment discrimination, who serves as a witness or participates in an investigation, or who is exercising his/her rights when requesting
religious or disability accommodation. Retaliation includes, but is not limited to, any form
of intimidation, reprisal or harassment. While each situation is very fact dependent,
30
generally speaking retaliation can include a denial of a promotion, job benefits, or refusal
to hire, discipline, negative performance evaluations or transfers to less prestigious or
desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing
civil action, deportation or other action with immigration authorities, disparagement to
others or the media and making false report to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination.
If you feel retaliation is occurring within the workplace, barring any extenuating circumstances, please report your concern immediately to any of the following: 1. Immediate supervisor; 2. City Administrator;
3. Mayor or City Councilmember
4. In the event an employee feels retaliation has occurred by the City Administrator or the City Council, then reporting may be made to the City Attorney. Supervisors who have been approached by employees with claims of retaliation will follow
the response process within “Supervisor’s Response to Allegations of Disrespectful
Workplace Behavior” including reporting the allegations within two business days to the city administrator, who will who will decide how to proceed in addressing the claim/complaint RESPECTFUL WORKPLACE POLICY
The City of Lake Elmo is committed to creating and maintaining a work place free of
harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964 and the Minnesota Human Rights Act. The intent of this policy is to provide general guidelines about the conduct that is and is not appropriate in the workplace. The city acknowledges that this policy cannot possibly predict all situations
that might arise, and also recognizes that some employees are exposed to disrespectful
behavior, and even violence, by the very nature of their jobs. Applicability Maintaining a respectful work environment is a shared responsibility. This policy is applicable to all city personnel including contract, regular and temporary employees, volunteers, firefighters, and City Council members.
Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect that employees accept verbal abuse from any customer. An employee may request that a
31
supervisor intervene when a customer is abusive, or they may defuse the situation
themselves, including ending the contact.
If there is a concern over the possibility of physical violence, a supervisor should be contacted immediately. When extreme conditions dictate, 911 may be called. Employees should leave the area immediately when violence is imminent unless their duties require
them to remain. Employees must notify their supervisor about the incident as soon as
possible. Types of Disrespectful Behavior The following types of behaviors constitute “disrespectful behavior” under this policy because they are a disruption in the workplace and are, in many instances, unlawful: (This is not an exhaustive list)
Violent behavior: includes the use of physical force, harassment, bullying or intimidation. Discriminatory behavior: includes inappropriate remarks about or conduct related to a person’s race, color, creed, religion, national origin, disability, sex, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance. Offensive behavior: may include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disparaging language, or any other behavior regarded as offensive to a reasonable person based upon violent or discriminatory behavior as listed above. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and
supervisor what is regarded as offensive, taking into account the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the general public will be the same throughout the city, there may be differences between work groups about what is
appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the city administrator. Sexual harassment: can consist of a wide range of unwanted and unwelcome sexually directed behavior such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
• Submitting to the conduct is made either explicitly or implicitly a term or condition
of an individual’s employment; or
32
• Submitting to or rejecting the conduct is used as the basis for an employment
decision affecting an individual’s employment; or
• Such conduct has the purpose or result of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Sexual harassment includes, but is not limited to, the following:
• Unwelcome or unwanted sexual advances. This means stalking, patting, pinching, brushing up against, hugging, cornering, kissing, fondling or any other similar
physical contact considered unacceptable by another individual.
• Verbal or written abuse, kidding, or comments that are sexually-oriented and considered unacceptable by another individual. This includes comments about an individual’s body or appearance where such comments go beyond mere courtesy,
telling “dirty jokes” or any other tasteless, sexually oriented comments, innuendos
or actions that offend others.
• Requests or demands for sexual favors. This includes subtle or obvious expectations, pressures, or requests for any type of sexual favor, along with an implied or specific promise of favorable treatment (or negative consequence)
concerning one’s current or future job.
Names and Pronouns: Every employee will be addressed by a name and by pronouns that correspond to the employee’s gender identity. A court‐ordered name or gender change is not required. Possession and Use of Dangerous Weapons
Possession or use of a dangerous weapon (see attached definitions) is prohibited on city
property, in city vehicles, or in any personal vehicle, which is being used for city business.
This includes employees with valid permits to carry firearms. The following exceptions to the dangerous weapons prohibition are as follows:
• Employees legally in possession of a firearm for which the employee holds a valid
permit, if required, and said firearm is secured within an attended personal vehicle or concealed from view within a locked unattended personal vehicle while that person is working on city property.
• A person who is showing or transferring the weapon or firearm to a police officer as
part of an investigation.
• Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties.
Employee Response to Disrespectful Workplace Behavior Employees who believe that disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. However, if the allegations involve
violent behavior, sexual harassment, or discriminatory behavior, then the employee is
33
responsible for taking one of the actions below. If employees see or overhear a violation of
this policy, they are encouraged to follow the steps below. Step 1(a). Politely, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion.
Step 1(b). If you fear adverse consequences could result from telling the offender or if the
matter is not resolved by direct contact, go to your supervisor, city administrator or city attorney. The person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter no later than ten business days after your report. Step 1(c). In the case of violent behavior, all employees are required to report the incident
immediately to their supervisor, city administrator, or police. Any employee who observes
sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it within two business days to a supervisor or the city administrator. Step 2. If, after what is considered to be a reasonable length of time (for example, 30 days),
you believe inadequate action is being taken to resolve your complaint/concern, the next
step is to report the incident to the city administrator or city attorney. Supervisor’s Response to Allegations of Disrespectful Workplace Behavior Employees who have a complaint of disrespectful workplace behavior will be taken seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must report the
allegations within two business days to the city administrator, who will determine whether an investigation is warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported: Step 1. If the nature of the allegations and the wishes of the victim warrant a simple
intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring that the conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful. Step 2. If a formal investigation is warranted, the individual alleging a violation of this
policy will be interviewed to discuss the nature of the allegations. The person being interviewed may have someone of his/her own choosing present during the interview. The investigator will obtain the following description of the incident, including date, time and place:
• Corroborating evidence.
• A list of witnesses.
• Identification of the offender. Step 3. The supervisor must notify the city administrator about the allegations.
34
Step 4. As soon as practical after receiving the written or verbal complaint, the alleged
policy violator will be informed of the allegations. The alleged violator will have the
opportunity to answer questions and respond to the allegations. Step 5. After adequate investigation and consultation with the appropriate personnel, a decision will be made regarding whether or not disciplinary action will be taken. Step 6. The alleged violator and complainant will be advised of the findings and
conclusions as soon as practicable.
Special Reporting Requirements When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city administrator who will assume the responsibility for investigation and discipline.
If the city administrator is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city attorney who will confer with the mayor and City Council regarding appropriate investigation and action. If a councilmember is perceived to be the cause of a disrespectful workplace behavior
incident involving city personnel, the report will be made to the city administrator and referred to the city attorney who will undertake the necessary investigation. The city attorney will report his/her findings to the City Council, which will take the action it deems appropriate.
Pending completion of the investigation, the city administrator may at his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens. Confidentiality A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person’s name and statements may have to be provided to the alleged
offender. All complaints and investigative materials will be contained in a file separate from the involved employees’ personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Retaliation
Consistent with the terms of applicable statutes and city personnel policies, the city may
discipline any individual who retaliates against any person who reports alleged violations of this policy. The city may also discipline any individual who retaliates against any participant in an investigation, proceeding or hearing relating to the report of alleged violations. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or
harassment.
35
Any employee who makes a false complaint or provides false information during an
investigation may be subject to disciplinary action, up to and including termination.
SEPARATION FROM SERVICE Resignations Employees wishing to leave the city service in good standing must provide a written resignation notice to their supervisor, at least ten (10) working days before leaving.
Exempt employees must give thirty (30) calendar days’ notice. The written resignation
must state the effective date of the employee’s resignation. No more than two (2) PTO days may be used during the employee’s notice period and cannot be used as the last two days of employment.
Unauthorized absences from work for a period of three consecutive work days may be considered as resignation without proper notice. Failure to comply with this procedure may be cause for denying payout of the employee’s
PTO and any future employment with the city.
Employees who leave the employ of the city in good standing by retirement or resignation will receive pay for 100 percent of unused accrued (PTO). DISCIPLINE General Policy
Supervisors are responsible for maintaining compliance with city standards of employee
conduct. The objective of this policy is to establish a standard disciplinary process for employees of the City of Lake Elmo. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct and applicable city policies.
Discipline will be administered in a non-discriminatory manner. An employee who believes that discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the grievance procedures established in the city’s personnel policies. The supervisor and/or the city administrator will investigate any allegation on which disciplinary action might be based before any disciplinary action is
taken. No Contract Language Established This policy is not to be construed as contractual terms and is intended to serve only as a guide for employment discipline.
36
Process
The city may elect to use progressive discipline, a system of escalating responses intended
to correct the negative behavior rather than to punish the employee. There may be
circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Nothing in these personnel policies implies that any city employee has a contractual right or guarantee (also known as a property right) to the job he/she performs.
Documentation of disciplinary action taken will be placed in the employee’s personnel file with a copy provided to the employee.
The following are descriptions of the types of disciplinary actions:
Oral Reprimand This measure will be used where informal discussions with the employee’s supervisor have not resolved the matter. All supervisors have the ability to issue oral reprimands without
prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. The supervisor will document the oral reprimand
including date(s) and a summary of discussion and corrective action needed.
Written Reprimand A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected or the behavior has not consistently improved in a reasonable period of time.
Serious infractions may require skipping either the oral or written reprimand, or both.
Written reprimands are issued by the supervisor with prior approval from the city administrator. A written reprimand will: (1) state what did happen; (2) state what should have happened;
(3) identify the policy, directive or performance expectation that was not followed; (4)
provide history, if any, on the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate consequences of recurrence. Employees will be given a copy of the reprimand to sign acknowledging its receipt.
Employees’ signatures do not mean the employee agrees with the reprimand. Written
reprimands will be placed in the employee’s personnel file. Suspension With or Without Pay The city administrator may suspend an employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate
by the City Council, except in the case of veterans. Qualified veterans who have completed
37
the initial probationary period, will not be suspended without pay in conjunction with a
termination.
The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. A copy of the letter of suspension will be placed in the employee’s personnel file.
An employee may be suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that employee. The leave may be with or without pay depending on a number of factors including the nature of the allegations. If the allegation is proven false after the investigation, the relevant written documents will be
removed from the employee’s personnel file and the employee will receive any
compensation and benefits due had the suspension not taken place. Demotion and/or Transfer An employee may be demoted or transferred if attempts at resolving an issue have failed and the city administrator determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which they are being demoted
or transferred. The City Council must approve this action. Salary An employee’s salary increase may be withheld or the salary may be decreased due to performance deficiencies. Dismissal
The city administrator, with the approval of the City Council, may dismiss an employee for
substandard work performance, serious misconduct, or behavior not in keeping with city standards. If the disciplinary action involves the removal of a qualified veteran who has completed the
initial probationary period, the appropriate hearing notice will be provided and all rights
will be afforded the veteran in accordance with Minnesota law. GRIEVANCE PROCEDURE Any dispute between an employee and the city relative to the application, meaning or interpretation of these personnel policies will be settled in the following manner: Step 1: The employee must present the grievance in writing, stating the nature of the
grievance, the facts on which it is based, the provision or provisions of the personnel policies allegedly violated and the remedy requested, to the proper supervisor within twenty (20) days after the alleged violation or dispute has occurred. The supervisor will respond to the employee in writing within ten (10) days. Step 2: If the grievance has not been settled in accordance with Step 1, it must be presented
in writing, stating the nature of the grievance, the facts on which it is based, the provision
38
or provisions of the Personnel Policies allegedly violated, and the remedy requested, by the
employee to the city administrator within five (5) days after the supervisor’s response is
due. The city administrator or his/her designee will respond to the employee in writing within ten (10) calendar days. The decision of the city administrator is final for all disputes with exception of those specific components in a performance evaluation subject to a challenge through the Minnesota Department of Administration.
Waiver
If a grievance is not presented within the time limits set forth above, it will be considered “waived.” If a grievance is not appealed to the next step in the specified time limit or any agreed extension thereof, it will be considered settled on the basis of the city’s last answer. If the city does not answer a grievance or an appeal within the specified time limits, the
employee may elect to treat the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual agreement of the city and the employee without prejudice to either party. The following actions are not grievable:
• While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable, other performance evaluation data, including subjective assessments, are not.
• Pay increases or lack thereof; and
• Merit pay awards. The above list is not meant to be all inclusive or exhaustive. EMPLOYEE EDUCATION & TRAINING
The city promotes staff development as an essential, ongoing function needed to maintain
and improve cost effective quality service to residents. The purposes for staff development
are to ensure that employees develop and maintain the knowledge and skills necessary for effective job performance and to provide employees with an opportunity for job enrichment and mobility.
Policy The city will pay for the costs of an employee’s participation in training and attendance at professional conferences, provided that attendance is approved in advance under the
following criteria and procedures: Job-Related Training & Conferences The subject matter of the training session or conference is directly job-related and relevant to the performance of the employee’s work responsibilities. Responsibilities outlined in the job description, annual work program requirements and training goals and objectives that
have been developed for the employee will be considered in determining if the request is
job-related.
39
CLE or similar courses taken by an employee in order to maintain licensing or other
professional accreditation will not be eligible for payment under this policy unless the
subject matter relates directly to the employee’s duties, even though the employee may be required to maintain such licensing or accreditation as a condition of employment with the city.
The supervisor and the city administrator are responsible for determining job-relatedness
and approving or disapproving training and conference attendance. Request for Participation in Training & Conferences The request for participation in a training session or conference must be submitted in writing to the employee’s supervisor on the appropriate form. All requests must include an estimate of the total cost (training session, travel, meals, etc.) and a statement of how the
education or training is related to the performance of the employee’s work responsibilities with the city. Payment information such as invoices, billing statements, etc., regarding the conference or training should be forwarded to accounting for prompt payment.
Out of State Travel
Attendance at training or conferences out of state is approved only if the training or conference is not available locally. All requests for out of state travel are reviewed for approval/disapproval by the city administrator. Compensation for Travel & Training Time
Time spent traveling to and from, as well as time spent attending a training session or
conference, will be compensated in accordance with the federal Fair Labor Standards Act. Travel and other related training expenses will be reimbursed subject to the employee providing necessary receipts and appropriate documentation.
Memberships and Dues
The purpose of memberships to various professional organizations must be directly related to the betterment of the services of the city. Normally, one city membership per agency, as determined by the city administrator is allowed, providing funds are available. Upon separation of employment, individual memberships remain with the city and are
transferred to another employee by the supervisor when possible.
Travel & Meal Allowance If employees are required to travel outside of the area in performance of their duties as a city employee, they will receive reimbursement of expenses for meals, lodging and
necessary expenses incurred. However, the city will not reimburse employees for meals
40
connected with training or meetings within city limits, unless the training or meeting is
held as a breakfast, lunch or dinner meeting.
Employees who find it necessary to use their private automobiles for city travel and who do not receive a car allowance will be reimbursed at the allowable IRS rate.
Expenses for meals, including sales tax and gratuity, will be reimbursed according to this
policy. No reimbursement will be made for alcoholic beverages. Meal expenses will be reimbursed at the IRS rate. A full reimbursement, over the maximum defined, may be authorized if a lower cost meal
is not available when attending banquets, training sessions, or meetings of professional
organizations. OUTSIDE EMPLOYMENT The potential for conflicts of interest is lessened when individuals employed by the City of Lake Elmo regard the city as their primary employment responsibility. All outside employment is to be reported to the employee’s immediate supervisor. If a potential
conflict exists based on this policy or any other consideration, the supervisor will consult with the city administrator. Any city employee accepting employment in an outside position that is determined by the city administrator to be in conflict with the employee’s city job will be required to resign from the outside employment or may be subject to discipline up to and including termination.
For the purpose of this policy, outside employment refers to any non-city employment or consulting work for which an employee receives compensation, except for compensation received in conjunction with military service or holding a political office or an appointment to a government board or commission that is compatible with city employment. The
following is to be considered when determining if outside employment is acceptable:
• Outside employment must not interfere with a full-time employee’s availability during the city’s regular hours of operation or with a part-time employee’s regular work schedule.
• Outside employment must not interfere with the employee’s ability to fulfill the essential requirements of his/her position.
• The employee must not use city equipment, resources or staff in the course of the
outside employment.
• The employee must not violate any city personnel policies as a result of outside employment.
• The employee must not receive compensation from another individual or employer
for services performed during hours for which he/she is also being compensated by
the city. Work performed for others while on approved paid time off or compensatory time is not a violation of policy unless that work creates the appearance of a conflict of interest.
41
• Departments may establish more specific policies as appropriate, subject to the
approval of the city administrator. City employees are not permitted to accept outside employment that creates either the appearance of or the potential for a conflict with the development, administration or
implementation of policies, programs, services or any other operational aspect of the city.
DRUG FREE WORKPLACE In accordance with federal law, the City of Lake Elmo has adopted the following policy on drugs in the workplace: A. Employees are expected and required to report to work on time and in appropriate mental and physical condition. It is the city’s intent and obligation to provide a
drug-free, safe and secure work environment. B. The unlawful manufacture, distribution, possession, or use of a controlled substance on city property or while conducting city business is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences.
C. The city recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. D. Employees must, as a condition of employment, abide by the terms of this policy and must report any conviction under a criminal drug statute for violations occurring on or
off work premises while conducting city business. A report of the conviction must be made within five (5) days after the conviction as required by the Drug-Free Workplace Act of 1988. CITY DRIVING POLICY
This policy applies to all employees who drive a vehicle on city business at least once per
month, whether driving a city-owned vehicle or their own personal vehicle. It also applies
to employees who drive less frequently but whose ability to drive is essential to their job due to the emergency nature of the job. The city expects all employees who are required to drive as part of their job to drive safely and legally while on city business and to maintain a good driving record.
The city will examine driving records once per year for all employees who are covered by this policy to determine compliance with this policy. Employees who lose their driver’s license or receive restrictions on their license are required to notify their immediate supervisor on the first work day after any temporary, pending or permanent action is taken
on their license and to keep their supervisor informed of any changes thereafter.
The city will determine appropriate action on a case-by-case basis. CELLULAR PHONE USE
42
This policy is intended to define acceptable and unacceptable uses of city issued cellular
telephones. Its application is to insure cellular phone usage is consistent with the best
interests of the city without unnecessary restriction of employees in the conduct of their duties. This policy will be implemented to prevent the improper use or abuse of cellular phones and to ensure that city employees exercise the highest standards of propriety in their use.
General Policy Cellular telephones are intended for the use of city employees in the conduct of their work for the city. Supervisors are responsible for the cellular telephones assigned to their employees and will
exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that:
• Its use in no way limits the conduct of work of the employee or other employees.
• No personal profit is gained or outside employment is served.
Regardless of who pays the bill, cell phone records about city business are subject to the Minnesota Government Data Practices Act. What this means is that if a request were received, the city would be under the obligation to determine what
information is public data and what information is private data and would need
access to the employee’s phone records and possibly the phone itself in order to provide the data that is being requested. Therefore, the best practice is to limit usage of personal cell phones for city business to that which is truly necessary or be prepared to produce your cell phone and the associated records if needed.
An employee will not be reimbursed for business-related calls without prior authorization from his/her supervisor. Supervisors may also prohibit employees from carrying their own personal cell phones during working hours if it interferes with the performance of their job duties.
Use of public resources by city employees for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and subject to disciplinary action which may include termination and/or criminal prosecution, depending on the circumstances. Incidental and occasional personal use may be permitted
with the consent of the supervisor.
Personal calls will be made or received only when absolutely necessary. Such calls must not interfere with working operations and are to be completed as quickly as possible. In cases where the city does not regard accounting for personal calls to be unreasonable or
administratively impractical due to the minimal cost involved, personal calls made by
employees on a city-provided cellular phone must be paid for by the employee through reimbursement to the city based on actual cost listed on the city’s phone bill.
43
Procedures
It is the objective of the City of Lake Elmo to prevent and correct any abuse or misuse of
cellular telephones through the application of this policy. Employees who abuse or misuse such telephones may be subject to disciplinary action. Responsibility The city administrator, or designee, will have primary responsibility for implementation and coordination of this policy. All supervisors will be responsible for enforcement within
their departments.
SAFETY The health and safety of each employee of the city and the prevention of occupational injuries and illnesses are of primary importance to the city. To the greatest degree possible, management will maintain an environment free from unnecessary hazards and will
establish safety policies and procedures for each department. Adherence to these policies is
the responsibility of each employee. Overall administration of this policy is the responsibility of each supervisor.
Safety Equipment/Gear
Where safety equipment is required by federal, state, or local rules and regulations, it is a
condition of employment that such equipment be worn by the employee.
Unsafe Behavior
Supervisors are authorized to send an employee home immediately when the employee’s
behavior violates the city’s personnel policies, department policies, or creates a potential
health or safety issue for the employee or others. Reporting Accidents and Illnesses Both Minnesota workers’ compensation laws and the state and federal Occupational Safety and Health Acts require that all on the job injuries and illnesses be reported as soon as possible by the employee, or on behalf of the injured or ill employee, to his/her supervisor.
The employee’s immediate supervisor is required to complete a First Report of Injury and any other forms that may be necessary related to an injury or illness on the job. Access to Gender-Segregated Activities and Areas With respect to all restrooms, locker rooms or changing facilities, employees will have access to facilities that correspond to their affirmed gender identity, regardless of their sex
at birth. The city maintains separate restroom and/or changing facilities for male and
female employees and allows employees to access them based on their gender identity.
In any gender‐segregated facility, any employee who is uncomfortable using a shared facility, regardless of the reason, will, upon the employee’s request, be provided with an
44
appropriate alternative. This may include, for example, addition of a privacy partition or
curtain, provision to use a nearby private restroom or office, or a separate changing
schedule. However, the city will not require a transgender or gender diverse employee to use a separate, nonintegrated space, unless requested by the transgender or gender diverse employee, because it may publicly identify or marginalize the employee as transgender.
Under no circumstances may employees be required to use sex‐segregated facilities that are inconsistent with their gender identity.
1/1/2018
Page 1
City of Lake Elmo, Minnesota
Family and Medical Leave Policy
ELIGIBILITY
To qualify to take FMLA leave under this policy, an employee must meet all the following conditions:
• Have worked for the City for 12 months (or 52 weeks) prior to the date the leave is to
commence unless the break was due to National Guard or Reserves military service obligation.
The 12 months or 52 weeks need not have been consecutive; however, the City will not consider
any service 7 years prior to the employee’s most recent hire date.
• Have worked at least 1,250 hours during the 12-month period prior to the date when the leave
is requested to commence. The principles established under the Fair Labor Standards Act
(“FLSA”) determine the number of hours worked by an employee.
TYPES OF LEAVE COVERED BY FMLA
Leave will be granted to all eligible employees for any of the following reasons:
• The birth of a child, including prenatal care, or placement of a child with the employee for
adoption or foster care;
• To care for a spouse, child, or parent who has a serious health condition;
• Due to a serious health condition that makes the employee unable to perform the essential
functions of the position;
• A covered military member’s active duty or call to duty or to care for a covered military member
(Military Caregiver and Qualified Exigency Leave) (described below).
DEFINITIONS
• “Spouse” does not include domestic partners or common-law spouses.
• “Caring for” a covered family member includes psychological as well as physical care. It also
includes acquiring care and sharing care duties. An eligible “child,” with some exceptions, is
under 18 years of age.
1/1/2018
Page 2
• An eligible “parent” includes a biological parent or a person who was charged with parental
rights, duties, and responsibilities over the employee when the employee was under the age of
18.
• “Serious Health Condition” means an illness, injury, impairment, or physical or mental
condition that involves one of the following:
o Hospital Care: Any period of incapacity or treatment connected with inpatient care (i.e., an
overnight stay) in a hospital, hospice, or residential medical care facility;
o Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or child birth;
o Absence Plus Treatment: A period of incapacity of more than three consecutive calendar
days that also involves continuing treatment by or under the supervision of a health care
provider.
o Chronic Conditions Requiring Treatments: An incapacity from a chronic condition which
requires periodic visits for treatment by a health care provider, continues over an extended
period of time, and may cause episodic rather than a continuing period of incapacity;
o Permanent/Long-Term Conditions Requiring Supervision
o Multiple Treatments: Any period of absence to receive multiple treatments (including any
period of recovery therefrom) by a health care provider or by a provider of health care
services under orders of, or on referral by, a health care provider.
LENGTH AND AMOUNT OF LEAVE
The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period. The leave
year is calculated based on a fixed or calendar date basis.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12)
months after the birth or placement of that child.
HOW LEAVE MAY BE TAKEN
FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day
periodically when needed), or may be used to reduce the workweek or workday, resulting in a reduced
hour schedule. In all cases, the leave may not exceed a total of 12 workweeks.
Intermittent leave may be taken when medically necessary for the employee’s serious health condition
or to care for a seriously ill family member. Intermittent leave must be documented in the medical
certification form as medically necessary.
If an employee is taking intermittent leave or leave on a reduced schedule for planned medical
treatment, the employee must make a reasonable effort to schedule the treatment so as to not disrupt
the City’s business.
In instances when intermittent or reduced schedule leave for the employee or employee's family
member is foreseeable or is for planned medical treatment, including recovery from a serious health
1/1/2018
Page 3
condition, the City may temporarily transfer an employee to an available alternative position with
equivalent pay and benefits if the alternative position would better accommodate the intermittent or
reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or
foster care child only with the City’s approval.
PROCEDURE FOR REQUESTING LEAVE AND NOTICE
All employees requesting FMLA leave must provide written or verbal notice of the need for the leave to
Assistant City Administrator.
When the need for the leave is foreseeable, the employee must give verbal or written notice to his/her
supervisor at least thirty (30) days prior to the date on which leave is to begin. If an employee fails to
give thirty (30) days’ notice for a foreseeable leave with no reasonable explanation for the delay, the
leave may be denied until thirty (30) days after the employee provides notice.
If thirty (30) days’ notice cannot be given, the employee is required to give as much notice as
practicable, including following required call-in procedures.
The City requires an employee on FMLA leave to report periodically on the employee’s status and intent
to return to work.
CERTIFICATION AND DOCUMENTATION REQUIREMENTS
For leave due to an employee’s serious health condition or that of an employee’s family member, the
City will require the completion of a Medical Certification form by the attending physician or
practitioner. The form must be submitted by the employee to the City Administrator within fifteen (15)
calendar days after leave is requested. If the form is not submitted in a timely fashion, the employee
must provide a reasonable explanation for the delay. Failure to provide medical certification may result
in a denial or delay of the leave.
When leave is due to an employee’s own serious health condition, a fitness for duty certification (FFD)
will be required before an employee can return to work. Failure to timely provide such certification may
eliminate or delay an employee’s right to reinstatement under the FMLA.
If an employee is using intermittent leave and reasonable safety concerns exist regarding the
employee’s ability to perform his or her duties, a FFD certificate may be required as frequently as every
30 days during periods when the employee has used intermittent leave.
Recertification of leave may be required if the employee requests an extension of the original length
approved by the City or if the circumstances regarding the leave have changed. Recertification may also
be required if there is a question as to the validity of the certification or if the employee is unable to
return to work due to the serious health condition.
1/1/2018
Page 4
SECOND AND THIRD MEDICAL OPINIONS
The City may require an employee obtain a second opinion from a provider which the City
selects. If necessary to resolve a conflict between the original certification and the second
opinion, the City may require the opinion of a third doctor. This third opinion will be considered
final. An employee will be provisionally entitled to leave and benefits under the FMLA pending
the second and/or third opinion.
ANNUAL MEDICAL CERTIFICATION AND RECERTIFICATION
Where the employee's need for leave due to the employee's own serious health condition lasts beyond
a single leave year, the City will require employees to provide a new medical certification in each
subsequent leave year. Such new medical certifications are subject to the provisions for authentication
and clarification and second and third opinions.
REINSTATEMENT
Employees returning from Family and Medical Leave will be reinstated in the same position or a position
equivalent in pay, benefits, and other terms and conditions of employment.
GROUP HEALTH INSURANCE AND OTHER BENEFITS, CONCURRENT LEAVE AND SUBSTITUTION OF PAID
LEAVE
An employee granted leave under this policy will continue to be covered under the City's group health
and dental insurance plan under the same conditions and at the same level of City contribution as would
have been provided had the employee been continuously employed during the leave period. The
employee will be required to continue payment of the employee portion of group insurance coverage
while on leave. Arrangements for payment of the employee's portion of premiums must be made by the
employee with the City.
If there are changes in the City's contribution levels while the employee is on leave, those changes will
take place as if the employee were still on the job.
Rights to additional continued benefits will depend on whether leave is paid or unpaid.
Any paid disability leave benefits (Short Term Disability or Long Term Disability), sick leave, Paid Time Off
(PTO) or compensatory time off available to employees for a covered reason (an employee’s serious
health condition or a covered family member’s serious health condition, including worker’s
compensation leave and Minnesota State Parenting Leave) will run concurrently with FMLA.
FAILURE TO RETURN TO WORK AFTER FMLA
1/1/2018
Page 5
Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for
at least 30 calendar days, the City may require the employee to repay the portion of the monthly cost
paid by the City for group health plan benefits. The City may also require the employee to repay any
amounts the City paid on the employee’s behalf to maintain benefits other than group health plan
benefits.
If the employee fails to pay the City a portion of the premiums for which he or she is responsible during
the FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure
to pay premiums is not a qualifying event for purposes of continuation coverage under COBRA.
ACTIVITIES PROHIBITED DURING FMLA.
While on leave, an employee may not engage in activities (including employment) which have the same
or similar requirements and essential functions of an employee’s current position.
UNPAID MEDICAL LEAVE OF ABSENCE
If an employee is ineligible for FMLA leave or has exhausted available FMLA leave benefits, it is the
policy of the City to consider an employee’s request for a medical or personal leave of absence. The
amount of medical leave available to each employee will be determined on a case-by-case basis
depending on the position held, staffing requirements, the reasons for the leave, and the anticipated
return-to-work date. Employees who take unpaid medical leave are not guaranteed to return to the
same position held prior to taking leave.
Employees seeking a medical leave of absence will be required to present medical documentation to
support the need for the leave, on-going documentation to support the need for continued leave, and
documentation to support a return to work.
During Unpaid Medical Leave, employees will be expected to keep in regular contact with human
resources. When you anticipate your return to work, please notify human resources of your expected
return date at least one week before the end of your leave.
Employees on an Unpaid Medical Leave of Absence may be subject to COBRA notice and continuation
benefits and will be solely responsible for payment of the entire COBRA.
Failure to keep in touch with management during your leave, failure to advise management of your
availability to return to work, or failure to return to work following leave will be considered a voluntary
resignation of your employment.
FMLA – QUALIFIED EXIGENCY AND MILTARY CAREGIVER LEAVE
Qualified Exigency
1/1/2018
Page 6
Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of
an impending call or order to covered active military duty or who is already on covered active duty may
take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service.
The qualifying exigency must be one of the following: (1) short-notice deployment; (2) military events
and activities; (3) childcare and school activities; (3) financial and legal arrangements; (5) counseling; (6)
rest and recuperation; (7) post-deployment activities; (8) parental care; or (9) additional activities that
arise out of active duty, provided that the employer and employee agree, including agreement on timing
and duration of the leave.
Military Caregiver Leave
An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, parent, or next
of kin of a covered servicemember may take up to 26 weeks in a single 12-month period to care for that
servicemember.
The family member must be a current member of the Armed Forces (including a member of the National
Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active duty for
which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on
outpatient status or on the temporary disability retired list. Eligible employees may not take leave under
this provision to care for former members of the Armed Forces, former members of the National Guard
and Reserves, or members on the permanent disability retired list.
DEFINITIONS
• A “son or daughter of a covered servicemember” means the covered servicemember’s
biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered
servicemember stood in loco parentis, and who is of any age.
• A “parent of a covered servicemember” means a covered servicemember’s biological, adoptive,
step, or foster father or mother, or any other individual who stood in loco parentis to the
covered servicemember. This term does not include parents “in law.”
• The “next of kin of a covered servicemember” is the nearest blood relative, other than the
covered servicemember’s spouse, parent, son, or daughter, in the following order of priority:
blood relatives who have been granted legal custody of the servicemember by court decree or
statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins,
unless the covered servicemember has specifically designated in writing another blood relative
as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.
When no such designation is made, and there are multiple family members with the same level
of relationship to the covered servicemember, all such family members shall be considered the
covered servicemember’s next of kin and may take FMLA leave to provide care to the covered
servicemember, either consecutively or simultaneously. When such designation has been made,
the designated individual shall be deemed to be the covered servicemember’s only next of kin.
• “Covered active duty” means:
o “Covered active duty” for members of a regular component of the Armed Forces means
duty during deployment of the member with the Armed Forces to a foreign country.
o “Covered active duty” for members of the reserve components of the Armed Forces
(members of the U.S. National Guard and Reserves) means duty during deployment of
1/1/2018
Page 7
the member with the Armed Forces to a foreign country under a call or order to active
duty in a contingency operation as defined in section 101(a)(13)(B) of Title 10 of the
United States Code.
• “Covered servicemember” means:
o An Armed Forces member (including the National Guard or Reserves) undergoing
medical treatment, recuperation, or therapy or otherwise in outpatient status or on the
temporary disability retired list, for a serious injury or illness”; or
o A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed Forces (including a member of the
National Guard or Reserves) at any time during the period of 5 years preceding the date
on which the veteran undergoes that medical treatment, recuperation, or therapy.
• “Serious injury or illness” means:
o In the case of a member of the Armed Forces (including a member of the National Guard
or Reserves), means an injury or illness that was incurred by the member in line of duty
on active duty in the Armed Forces (or existed before the beginning of the member’s
active duty and was aggravated by service in line of duty on active duty in the Armed
Forces) and that may render the member medically unfit to perform the duties of the
member’s office, grade, rank, or rating; and
o In the case of a veteran who was a member of the Armed Forces (including a member of
the National Guard or Reserves) at any time during a period when the person was a
covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury
or illness incurred by a covered servicemember in the line of duty on active duty that
may render the servicemember medically unfit to perform the duties of his or her office,
grade, rank or rating.
AMOUNT OF LEAVE – QUALIFIED EXIGENCY
An eligible employee can take up to 12 weeks of leave for a qualified exigency.
AMOUNT OF LEAVE – MILITARY CAREGIVER
An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a “single
12-month period.” The “single 12-month period” begins on the first day the eligible employee takes
FMLA leave to care for a covered servicemember and ends 12 months after that date.
Leave taken for any FMLA reason counts towards the 26-week entitlement. If an employee does not
take all 26 workweeks of leave to care for a covered servicemember during this “single 12-month
period,” the remaining part of the 26 workweeks of leave entitlement to care for the covered
servicemember is forfeited. 29 C.F.R. § 825.127(e)(1) (2017).
CERTIFICATION OF QUALIFYING EXISGENCY FOR MILITARY FAMILY LEAVE
1/1/2018
Page 8
The City will require certification of the qualifying exigency for military family leave. The employee must
respond to such a request within 15 days of the request or provide a reasonable explanation for the
delay. Failure to provide certification may result in a denial of continuation of leave. This certification
will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave.
CERTIFICATION FOR SERIOUS INJURY OR ILLNESS OF COVERED SERVICEMEMBER FOR MILITARY
FAMILY LEAVE
The City will require certification for the serious injury or illness of the covered servicemember. The
employee must respond to such a request within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered
Servicemember.
All other provisions of the FMLA policy, including Use of Paid Leave, Employee Status and Benefits
During Leave, Procedure for Requesting Leave, and Benefits During Leave and Reinstatement, are
outlined above in the FMLA policy.
STAFF REPORT
DATE: December 5, 2017
CONSENT #9
AGENDA ITEM: Compensation Policy and 2018 Range and Steps
TO: Mayor and Council
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: The City hired David Drown and Associates (DDA) last year to complete a job classification and compensation study. The report was presented to Council and the Human Resources Committee earlier this year. The Human Resources Committee then spent a couple meetings discussing a pay plan. At their September meeting, the committee reviewed information from the League of MN Cities HR Manual regarding different types of pay systems in addition to the options offered in the DDA study.
The Human Resources Committee recommended approval of the step and grade system in the DDA study with annual market adjustments to the pay ranges. They further recommended employees move to the next
step with a satisfactory performance evaluation. Employees at the top of the pay range would receive no increase although the city reserves the right to examine that on a case by case basis. The committee identified key components of a plan would: address performance, the market, budget and include ranges
and grades. ISSUE BEFORE COUNCIL: What compensation policy should the city adopt? PROPOSAL DETAILS/ANALYSIS: Using the model League compensation policy as a guideline and the direction from the Human Resources committee, staff drafted the attached policy. The policy covers the purpose, structure, actions and general provisions.
This policy is directed at three primary goals:
To attract and retain qualified and responsible personnel for the positions covered under
this policy;
To create and maintain internal equity between positions compliant with the Minnesota Local Government Pay Equity Act and all other applicable local, State and Federal laws and regulations; and
To do so efficiently and effectively thereby being fiscally responsible to the interests of the taxpayer. The policy covers all non-represented city positions with the exception of elected officials, temporary or seasonal positions and paid on call firefighters. The positions are assigned to a grade. The DDA study completed this task and the Job Evaluation Tool (JET) was provided to the city for use in new positions. While the goal would remain to hire an employee at the minimum whenever possible, following the Council
discussion at the November 14, 2017 work session staff has removed the language restricting the hiring range to step 4 to allow for more flexibility depending upon an applicant’s experience and qualifications. An employee would be eligible for a step increase after completing the 6 month probationary period
provided they had a satisfactory job evaluation. After that, employees would be eligible annually (currently
in July) for a step increase if they received a satisfactory job evaluation. Components of the plan will be reviewed at least annually. It will be necessary for the City to adjust the
salary schedule based on the cost of living and other factors such as recruitment and retention issues. Any changes will be confirmed by the Council through adoption of the budget and resolution establishing the grades and steps for each job classification.
FISCAL IMPACT: The proposed 2018 budgets have incorporated this step and grade plan with a market adjustment of 2%. OPTIONS: 1) Approve the Compensation Policy, Position Grades and 2018 Non-represented pay ranges 2) Amend and then approve the Compensation Policy, Position Grades and 2018 Non-represented pay ranges 3) Do not adopt a Compensation Policy RECOMMENDATION: If removed from the consent agenda: “Motion to approve the Compensation Policy, Position Grades and 2018 Non-represented pay ranges.” ATTACHMENT:
• Compensation Policy
• 2018 Pay Ranges
• Position Grades
City of Lake Elmo Compensation Policy _____________________________________________________________
Purpose: The City of Lake Elmo intends to establish, administer, maintain and regularly update an internal job evaluation hierarchy that is consistent with the Local Government Pay Equity Act. The city also intends to establish, administer, maintain and regularly update a pay
structure that is appropriate to the breadth and depth of services being offered to and provided for the City and is also affordable within available resources. Finally, the city intends to maintain supplemental benefits (insurance, holiday/paid time off schedules, etc) that are competitive and also affordable within available resources.
This policy establishes the guidelines for all non-represented city positions with the exception of elected officials, temporary or seasonal positions and paid on call firefighters. Compensation for seasonal or temporary employees and paid on call firefighters will be set by the City Council at the time of hire, or on an annual basis.
This policy is directed at three primary goals:
To attract and retain qualified and responsible personnel for the positions covered under this policy;
To create and maintain internal equity between positions compliant with the
Minnesota Local Government Pay Equity Act and all other applicable local, State
and Federal laws and regulations; and
To do so efficiently and effectively thereby being fiscally responsible to the interests of the taxpayer.
Compensation Structure:
Compensation is based on wage/salary grades and steps within the salary grade. For any position subject to this policy, compensation must be assigned using a ten-step grid within each salary grade, with an increase of 30% from the minimum to the maximum step. In determining or evaluating compensation levels, the City Administrator must
maintain a schedule of comparative compensation amounts for all positions covered
under the policy. The City Council will determine the appropriate market to be used in developing this schedule and in supplemental compensation reviews. A new employee must be hired at the pay grade minimum whenever possible. The City
Administrator or appropriate department head may recommend the new employee be
hired at a rate above the minimum of the pay grade for his/her classification based upon qualifications and experience, subject to approval by the City Council.
A probationary employee may advance to the next pay step after satisfactorily completing
six months of employment which meets performance expectations, subject to approval of
the City Council. Subject to Council approval, every year thereafter, on or about July 1st, an employee may advance to the next pay step after satisfactorily completing another year of employment which meets the performance expectations until he or she reaches the grade maximum. Determination of satisfactory performance must be recommended
by the immediate supervisor on forms prescribed by the City Administrator. Employees
above the grade maximum will not receive an increase until the step plan catches up to their wage. Exceptions may be made on a case by case basis. Actions Taken to Review, Update and Maintain the Plan: Elements of the plan will be reviewed annually to determine the degree to which it remains
consistent with the city’s total compensation philosophy. Actions to be taken may include: 1. Review, verification, and any required updating of job descriptions for all positions covered by this policy. 2. Review, verification and any required updating of job evaluations on all positions
covered by this policy, following established reclassification policies and
procedures. 3. Review, verification and consideration of current market survey data collected from the cities selected for comparison, ensuring that there are no questionable data that may give an incorrect pattern of pay for one or more positions.
4. Review and consideration of appropriate changes to the established base pay
structure based on patterns of current market survey data, ensuring that there will be continuing integrity in administration of the current or revised pay structure. 5. Review and consideration of changes to the city’s supplemental benefits covering paid time off.
6. Review and consideration of required and/or appropriate changes to the written
description of the plan. The pay grades and rates established by this policy must be annually confirmed by the City Council through adoption of the budget and resolution establishing the grades and steps for each
job classification.
General Provisions: Nothing within this policy is a guarantee of employment and compensation, and nothing is to be construed as a commitment to continue the City of Lake Elmo Compensation Policy for more
than one calendar year at a time. All components of this policy are set forth as guidelines to
assist in establishing appropriate compensation. The provisions of this policy supersede all other compensation considerations. Compensation schedules will be maintained and updated as appendices to this policy in accordance with policy provisions.
Appendix I:
Position Grades Appendix II: Range and Step Plan
2018 Non Represented Pay Plan
Grade
Point
Min
Point
Max Min 2 3 4 5 6 7 8 9 Max
1 130 139 $14.04 $14.51 $14.98 $15.45 $15.92 $16.39 $16.85 $17.32 $17.79 $18.26
2 140 151 $14.99 $15.49 $15.99 $16.49 $16.99 $17.49 $17.99 $18.49 $18.99 $19.49
3 152 163 $16.00 $16.54 $17.07 $17.61 $18.14 $18.67 $19.21 $19.74 $20.27 $20.81
4 164 176 $17.08 $17.65 $18.22 $18.79 $19.36 $19.93 $20.50 $21.07 $21.64 $22.21
5 177 190 $18.24 $18.85 $19.45 $20.06 $20.67 $21.28 $21.89 $22.49 $23.10 $23.71
6 191 205 $19.47 $20.12 $20.77 $21.42 $22.07 $22.71 $23.36 $24.01 $24.66 $25.31
7 206 222 $20.78 $21.48 $22.17 $22.86 $23.55 $24.25 $24.94 $25.63 $26.33 $27.02
8 223 240 $22.19 $22.93 $23.67 $24.40 $25.14 $25.88 $26.62 $27.36 $28.10 $28.84
9 241 259 $23.68 $24.47 $25.26 $26.05 $26.84 $27.63 $28.42 $29.21 $30.00 $30.79
10 260 280 $25.28 $26.13 $26.97 $27.81 $28.65 $29.50 $30.34 $31.18 $32.02 $32.87
11 281 302 $26.99 $27.89 $28.79 $29.69 $30.59 $31.49 $32.39 $33.29 $34.19 $35.09
12 303 326 $28.81 $29.77 $30.73 $31.69 $32.65 $33.61 $34.57 $35.53 $36.49 $37.45
13 327 353 $30.76 $31.78 $32.81 $33.83 $34.86 $35.88 $36.91 $37.93 $38.96 $39.98
14 354 381 $32.83 $33.93 $35.02 $36.11 $37.21 $38.30 $39.40 $40.49 $41.59 $42.68
15 382 411 $35.05 $36.22 $37.38 $38.55 $39.72 $40.89 $42.06 $43.23 $44.39 $45.56
16 412 444 $37.41 $38.66 $39.91 $41.15 $42.40 $43.65 $44.90 $46.14 $47.39 $48.64
17 445 480 $39.66 $40.98 $42.30 $43.62 $44.95 $46.27 $47.59 $48.91 $50.23 $51.56
18 481 518 $42.04 $43.44 $44.84 $46.24 $47.64 $49.04 $50.45 $51.85 $53.25 $54.65
19 519 560 $44.56 $46.05 $47.53 $49.02 $50.50 $51.99 $53.47 $54.96 $56.44 $57.93
20 561 605 $47.23 $48.81 $50.38 $51.96 $53.53 $55.11 $56.68 $58.25 $59.83 $61.40
606
Evaluation Points Range Steps
Permit Technician
POSTION GRADE ASSIGNMENT
TITLE GRADE
Accountant 9
Assistant City Admin 11
11
Building Official 13
City Administrator 20
City Clerk 11
Building Inspector
City Planner 11
Deputy Clerk 7
Fire Chief 16
Public Works Director 17
7
Fire Dept. Admin Asst 8
Finance Director 16
Planning Director 16
STAFF REPORT
DATE: December 5, 2017
CONSENT
ITEM #: 10
TO: Mayor and City Council
FROM: Jake Foster, Assistant City Administrator AGENDA ITEM: Approve Environmentally Responsible Practices Recognition Policy
BACKGROUND: At their August 2016 meeting, the Environmental Committee discussed developing a program to recognize businesses, individuals, and organizations that take environmentally responsible actions. The
new Environmental Committee members reviewed the proposed policy at their November 2017 meeting, and approved the policy without changes. This program will be on-going, and will not require any specific application or nomination period.
ISSUE BEFORE COUNCIL: Should the Council approve the policy to recognize environmentally responsible businesses, individuals, and organizations in Lake Elmo as recommended by the Environmental Committee?
PROPOSAL DETAILS/ANALYSIS: Staff recommends that Council approve the attached policy to provide a means for formal recognition of environmentally responsible businesses, individuals, and organizations in Lake Elmo. FISCAL IMPACT: None.
RECOMMENDATION: If removed from the consent agenda: “Motion to approve the Environmentally Responsible Practices Recognition Policy.” ATTACHMENTS:
• Environmentally Responsible Practices Recognition Policy
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
CITY OF LAKE ELMO ENVIRONMENTALLY RESPSONSIBLE PRACTICES RECOGNITION POLICY __________________________________________________________________
PURPOSE In order to support Lake Elmo’s Environmental Committee and their mission to improve the environment in Lake Elmo, the committee will recognize local businesses, individuals, and organizations that are engaging in environmentally responsible practices.
POLICY 1. Lake Elmo’s Environmental Committee, or a committee member, will identify a business, individual, or organization in Lake Elmo that has been employing environmentally-friendly practices. A list of the specific sustainable practices of the business, individual, or organization shall be gathered by the committee, or committee member. 2. The efforts of the identified business, individual, or organization will be discussed between committee members during the committee meeting, and it shall be determined whether or not the business, individual, or organization shall be formally recognized by City Council as a Recognized Green Business in Lake Elmo. 3. City Council will present a certificate to the individual, or a representative (or representatives) of the business/organization formally recognizing their efforts in being environmentally responsible.
STAFF REPORT
DATE: December 5, 2017
CONSENT
ITEM #: 11
AGENDA ITEM: Accept resignation of Brian Hauser SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND: Firefighter Brian Hauser submitted his resignation on November 30th, effective immediately. ISSUE BEFORE COUNCIL: Should the Council accept Brian Hauser’s resignation? PROPOSAL: Staff recommends accepting Brian Hauser’s resignation. RECOMMENDATION: If removed from the consent agenda: “Move to accept Brian Hauser’s resignation.”
ATTACHMENTS: None
STAFF REPORT
DATE: December 5, 2017
CONSENT
ITEM #: 12
AGENDA ITEM: Accept Resignation of Emily Becker, and Authorize Advertising for Planning Director
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND: Planning Director, Emily Becker submitted her resignation on November 29th. Her last day with the City will be December 29th. Job Class and Comp Study work was done to update job description which was approved by Council at the August 15th meeting. As the City continues to grow, staff wants to be mindful of the necessary skill sets needed to sustain this
position long-term. In that regard, the attached job posting contains the opportunity for this position to grow into a Community Development Director role. This is item will first be brought before the Human Resources Committee before any further consideration is taken.
ISSUE BEFORE COUNCIL: Does Council accept Emily Becker’s resignation, and authorize advertising for Planning Director?
PROPOSAL: Staff recommends accepting Emily Becker’s resignation and authorizing the advertising for Planning Director. FISCAL IMPACT: The estimated annual fiscal impact for Planning Director would be approximately $94,000-$130,000 including salary, taxes, and benefits.
RECOMMENDATION: If removed from the consent agenda:
“Move to accept Emily Becker’s resignation, and authorize advertising for Planning Director.” ATTACHMENTS: Job Posting
3800_Laverne Avenue North, Lake Elmo, Minnesota, 55042 * 651.747.3900
The City of Lake Elmo offers competitive pay and benefits in addition to professional development opportunities to all employees. The city’s number one value statement is to foster an environment based on trust and ethics. These philosophies and practices help the City in recruiting and retaining exceptional employees.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Accepting Applications for the Position of: Planning Director
SALARY: $76,295-$99,175
ANTICIPATED HIRING RANGE: $76,295-$99,175
OPENING DATE: 12/6/2017
CLOSING DATE: 12/29/17
POSITION TITLE: Planning Director
DEPARTMENT: Planning
ACCOUNTABLE TO: City Administrator
Position Details/Essential Functions: This position is to strengthen the health and vitality of the
City through managing planning, development review, redevelopment, building plan review, inspection,
code enforcement, and housing. This position manages the direct operations of the Planning Department,
meeting statutory requirements, while administering the City’s Comprehensive Plan. Main functions
include managing development review, enforcing city ordinances and policies, keep accurate details and
records, provide clear communication and provide technical support to the City Council or Planning
Commission through reports and presentations. This position is currently being evaluated for potential
growth into a Community Development Director role, and serves under the general supervision of the City
Administrator. This position is responsible, but not limited to the following duties:
Department Operations:
Monitor revenues and expenditures in assigned areas to assure sound fiscal control; prepare annual budget requests, assure effective and efficient use of budgeted funds, personnel, materials, facilities and time
Determine work procedures, prepare work schedules, and expedite workflow; study and
standardize procedures to improve efficiency and effectiveness of operations
Attends City staff meetings, City Council meetings and advisory boards.
Community Planning:
3800_Laverne Avenue North, Lake Elmo, Minnesota, 55042 * 651.747.3900
Provide leadership and direction in the development of short and long-range plans related to growth management, land use, housing, transportation, park, trails, open space systems, public facilities or other issues to meet the City’s
needs and requirements of the intergovernmental agreements and or State
legislation
Formulate and administer the Comprehensive Plan
Coordinate the comprehensive plan activities with the Metropolitan Council plan, state and county planning activities
Develop and maintain Lake Elmo’s economic development and redevelopment programs
Supervise the evaluation of land use proposals for conformity to established plans
and ordinances
Identify strategic opportunities for the use of tax increment financing and other
resources to attract and shape development within the City
Prepares codes and ordinances, recommends amendments, fee structures, etc.
Gather, interpret, and prepare data for studies, reports and recommendations; coordinates
department activities with other departments and agencies as needed.
Assist with designs for parks, streetscapes, landscapes and other municipal projects.
Intergovernmental Coordination:
Monitor inter-governmental and legislative decisions affecting department
operations and follow through with appropriate action
Render technical advice to City officials and employees regarding community
development, design standards, land use, and related aspects of physical, social
and environmental planning Development Review:
Supervise the development review process for submittal of rezoning, subdivision, special use
permit and site plan applications, through analysis of project proposals, preparation of staff
reports and recommendations
Interpret City codes and exercise judgement in applying requirements to cases which do not fit
norms
Deal with developers, design professionals, contractors, business people, citizens and property owners
Handle controversial issues
Insure the maintenance of accurate record keeping of departmental activities relating to
licenses, permits, development projects and special studies
Interpret and apply development regulations; identify gaps in the ordinance provisions and recommends ways to address these gaps; prepares ordinance revisions for consideration by City Council
Work with the City Engineer to ensure that development projects are completed according to
approved plans.
Code Enforcement:
Supervise the enforcement of zoning, housing, and nuisance codes including the receiving of complaints, field investigations, preparation and notification letters and court orders, and possible testimony in court hearings to achieve code compliance
Develop methods for dealing with chronic code enforcement issues and problem properties
Supervisory Responsibilities:
Establishes and maintains policies and procedures for the Department
Carries out supervisory duties in accordance with the City’s policies and applicable laws
Responsible for training, planning, assigning and directing work
3800_Laverne Avenue North, Lake Elmo, Minnesota, 55042 * 651.747.3900
Responsible for evaluating performance, rewarding employees, disciplining employees
Responsible for responding to grievances, addressing complaints and addressing problems of employees
While these are the primary focus of the position, we believe strongly in teamwork and employees will be
called upon to perform a variety of duties as part of their role with the City.
Position Requirements
Knowledge, Skills and Abilities:
Extensive knowledge of community development programs and process, and the typical operations of a planning department
Ability to supervise a complex set of department functions which involve several technical
disciples, and to manage a complicated work program so that demands are matched to resources
Ability to think in a creative and strategic manner, to develop alternatives and specific
program proposals designed to achieve effective results consistent with community goals
Thorough knowledge of how to formulate, implement, and apply comprehensive plans and
specials studies related to community development issues
Thorough knowledge of how to develop, interpret, and apply development regulations,
and to conduct code enforcement activities
Ability to handle stressful situations and effectively deal with difficult or angry people
Familiarity with the Community Development Block Grant program and other federal and
state housing programs
Familiarity of GIS system and how to utilize them in the operation of a planning
department
Ability to analyze situations and information, formulate alternatives, and use sound judgement in drawing conclusions and making decisions
Education: four-year degree in Planning, Urban Studies, Geography, Landscape Architect, or
related field
Requirements: Minimum of five years’ experience in public sector position and at least four
years of supervisory experience. This position should also include in:
• Fully capable in word processing, spreadsheet, Geographic Information System (GIS) and other computer software
• Knowledge of principles of city planning and urban design
• Knowledge of techniques of problem solving, research procedures, and public relations
• Valid MN State Driver’s License
Desired Qualifications:
Master’s Degree in Urban Planning, Landscape Architect, Geography or closely related field
3800_Laverne Avenue North, Lake Elmo, Minnesota, 55042 * 651.747.3900
Physical and Mental Requirements: Work is performed in both office and field settings. Some of the employee’s time is spent in field inspection associated with code enforcement and development cases. Sufficient mobility is necessary to navigate natural terrain and construction sites. Visual acuity sufficient to
evaluate field conditions, plans and drawings is necessary. Specific vision abilities required by this job
include close vision, distance, vision, color vision, peripheral vision, depth perception, and the ability to
adjust focus. Hand-eye coordination is necessary to operate computers and various pieces of office
equipment.
**The physical demands described here are representative to those that must be met by an employee to
successfully perform the essential functions of the job. Reasonable accommodations can be made to
enable individuals with disabilities to perform the essential functions.
Working Conditions: While performing duties of this job, the employee is required to s it, stand, walk, talk and hear, use hands to finger, handle, feel and operate objects, tools or controls. The employee must
occasionally lift and/or move 40 pounds.
Competencies Common to All City Positions:
• Develop, maintain a thorough working knowledge of, and comply with all departmental and
applicable City policies and procedures
• Demonstration by personal example the spirit of service, excellence, and integrity expected from all
staff
• Develop respectful and cooperative working relationships with co-workers, including willing
assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible
• Confer regularly with and keep immediate supervisor informed of all important matters which
pertain to the applicable job functions and responsibilities
• Represent the City of Lake Elmo in a professional manner to the public, outside contacts and
constituencies
**The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be
made to enable individuals with disabilities to perform the essential functions. PLEASE APPLY BY CLOSING DATE: 12/29/17 SEND COVER LETTER, RESUME, LAKE ELMO APPLICATION AND REFERENCES TO: CITY OF LAKE ELMO ATTN: Jake Foster, ASSISTANT CITY ADMINISTRATOR 3800 LAVERNE AVENUE NORTH, LAKE ELMO, MN 55042 PLEASE VISIT OUR WEBSITE AT WWW.LAKEELMO.ORG FOR ADDITIONAL INFORMATION/APPLICATION OR CONTACT US AT 651.747.3900 CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER
STAFF REPORT
DATE: December 5, 2017
REGULAR
Item #: 13
AGENDA ITEM: 2018 Street Improvements – Public Improvement Hearing; Resolution Ordering
the Improvement and the Preparation of Plans and Specifications; Approve Engineering Services Contract
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator
Brian Swanson, Finance Director Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: The City Council is respectfully requested to open the Public Improvement Hearing for the 2018 Street Improvements; and following the Hearing, consider adopting a Resolution Ordering the Improvement and the Preparation of Plans and Specifications; and awarding a Professional
Engineering Design and Construction Support Services Contract.
BACKGROUND: Pursuant to Minnesota Statutes, Section 429.011 to 429.111, a Public Improvement Hearing was noticed for December 5, 2017, to consider making the improvements necessary to rehabilitate approximately 2.0 miles of residential streets including Jane Road North, from Lake Jane Trail North to Jamaca Avenue North, Jane Court North, from Jane Road North to dead end, Jamaca Avenue North, from Jane Road North to Jamaca Avenue North, Jerome Avenue North, from 49th Street North to 53rd Street North, Jerome Avenue Court North, from Jerome Avenue North to dead end, and 53rd Street North, from Jamaca Boulevard North to 9480 53rd Street North.
The attached notice was published in the official newspaper and individual notifications were sent to each
address that will be wholly or partially assessed for the improvements.
A feasibility report was adopted by the City Council on November 7, 2017 in order to ready these
improvements for 2018 construction. The feasibility report is needed to meet state statutory requirements if any portion of the project is to be assessed. The report identifies the necessary improvements, the estimated project costs, the assessment methodology and preliminary assessment amounts to be levied
against benefitting properties.
PROPOSAL DETAILS/ANALYSIS: The total estimated project cost is $1,229,000. The improvements would be partially assessed against the benefitting properties consistent with the City’s Special Assessment Policy. Street and drainage improvements are assessed at a rate of 30% of the total project costs for residential properties using a unit method. Residential properties are considered to provide an equal demand on street use and are therefore assessed on a per unit basis. The remaining 70% of the project costs are paid through the City general fund. Residential properties along Jane Road North, Jane Court North, Jamaca Avenue North, Jerome Avenue North, Jerome Avenue Court North, and 53rd Street North with direct access to the street are included as benefitting properties. Each property is assessed one unit unless the property has the ability to be subdivided using the current underlying land use and zoning regulations. The city planning department reviews larger parcels to determine if a parcel can be subdivided and the number of
lots that could be obtained. Corner lots are assessed a partial unit according to the assessment policy,
typically 50%.
The preliminary assessment rolls detailing each property’s proposed assessment amount are included in the Appendix of the report and are attached to this agenda report. Assessments for street and drainage
improvements will be levied over a 15-year period. Assessments will be charged an interest rate of 1% over the bond rate for the project.
To complete the engineering design, the City Engineer prepared and sent out a Request for Proposal (RFP)
for the Engineering Support Services that include topographic survey, the preparation of plans and specifications; plan printing, distribution and bidding services; construction administration support to the city engineer, and construction staking. FOCUS Engineering will provide council communication, project management, and construction administration and observation services for the project. FOCUS will also oversee the project design standards and documents to be incorporated with the project plans and specifications.
The RFP was sent to three firms from the city’s Engineering Consultant Pool, including Bolton and Menk, TKDA and SEH. Proposals were received on December 1, 2017 and were ranked as follows:
•Project Team Qualifications with a focus on a Project Manager capable of leading and delivering acost effective street reclaim design.
•Demonstrated understanding and experience with the project and understanding of the criticalsuccess factors.
•Understanding the scope of work and roles and responsibilities of the Consultant.
•Collaboration of skills and responsiveness demonstrated during the RFP submittal process and:
•Engineering Fees, indicating a detailed breakdown that is consistent with the Consultant’s writtenproposal and the needs for delivery of a successful project.
Since the proposals were received after this agenda report was due for council packet, a Proposal Fee
Summary and City Engineer recommendation will be presented at the meeting for council consideration.
FISCAL IMPACT: The 2018 Street Improvements is an estimated $1,229,000 infrastructure project that will be partially assessed against the benefitting properties consistent with the City’s Special Assessment Policy. The project is funded through the issuance of general obligation bonds and special assessments. Ordering the Improvements and authorizing the preparation of plans and specifications commits the City to incur the engineering costs necessary to complete detailed design and receive contractor bids to ready the project for construction in 2018. The council will be asked to award a contract for construction in May 2018, at which time the City would be asked to commit to the remaining project costs.
OPTIONS:
1.Adopt the Resolution and motions as presented to proceed with the 2018 Street Improvements asoutlined in the Feasibility Report approved on November 7, 2017.2.Following public input, amend any portion of the recommended improvements orrecommendations of the Feasibility Report and adopt an amended Feasibility Report along with anamended Resolution and/or motions accordingly.3.Take no action thereby cancelling the 2018 Street Improvements and direct staff for reprogrammingthese improvements within the Capital Improvement Plan.
RECOMMENDATION: Staff is recommending that the City Council adopt a Resolution Ordering the
Improvements and the Preparation of Plans and Specifications for the 2018 Street Improvements. The recommended motion for this action is as follows:
“Move to adopt Resolution No. 2017-134 Ordering the 2018 Street Improvements and the Preparation
of Plans and Specifications.”
Staff is also recommending that the City Council award a Professional Engineering Design and Construction Support Services Contract for the 2018 Street Improvements. A staff recommendation will be presented at the meeting. The recommended motion for this action is as follows:
“Move to approve a Professional Engineering Design and Construction Support Services Contract to _____________ in the not to exceed amount of $___________ for the 2018 Street Improvements.” ATTACHMENTS: 1. Resolution 2017-134 Ordering the Improvements and Preparation of Plans and Specifications.
2. Notice of Hearing on Improvement.
3. Preliminary Assessment Roll.
4. Location Map.
5. Project Schedule.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-134 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2018 STREET IMPROVEMENTS
WHEREAS, pursuant to city council authorization, adopted on November 7, 2017, the council
ordered a hearing on improvement for the 2018 Street Improvements; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 5th day of December 2017, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated October 2017 states that the project is necessary, cost-effective, and feasible. NOW, THEREFORE, BE IT RESOLVED,
1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated October 2017. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 5th day of
December, 2017. 3. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds.
4. The city engineer is hereby designated as the engineer for making this improvement. The engineer, and his consultants, shall oversee the preparation of the Plans and Specifications for the making of such improvement. 5. The city engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the city engineer during the construction phase of the improvement as requested. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF DECEMBER 2017. CITY OF LAKE ELMO By: __________________________
Mike Pearson (Seal) Mayor ATTEST:
________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT
2018 STREET IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, December 5,
2017, to consider the making of the following improvements, pursuant to Minnesota
Statutes, Sections 429.011 to 429.111; Street and drainage improvements including a new bituminous pavement supported by a renewed recycled aggregate base with new concrete curb and gutter, and a
repair or restoration of the existing street drainage system for the following streets:
• Jane Road North, from Lake Jane Trail North to Jamaca Avenue North.
• Jane Court North, from Jane Road North to dead end.
• Jamaca Avenue North, from Jane Road North to Jamaca Avenue North.
• Jerome Avenue North, from 49th Street North to 53rd Street North.
• Jerome Avenue Court North, from Jerome Avenue North to dead end.
• 53rd Street North, from Jamaca Boulevard North to 9480 53rd Street North. The area proposed to be assessed for these improvements include properties abutting the above referenced streets or properties that gain direct driveway access from the above
referenced streets. The estimated total cost for the project is $1,229,000. A reasonable
estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this meeting.
DATED: November 7, 2017
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor (Published in the Oakdale/Lake Elmo Review on November 15, 2017 and November 22, 2017)
CITY OF LAKE ELMO, MN.OCTOBER 20172018 STREET IMPROVEMENTSPRELIMINARY ASSESSMENT ROLLPAGE 1NO. NAMEPID AMOUNTJANE ROAD N: LAKE JANE TRAIL N TO JAMACA AVE N1 TRS AGR JEFFERY & LEEANN LEITC 9025 JANE RD N 9025 JANE RD N LAKE ELMO MN 55042 1002921220003 $5,000.002 BRASH JASON M & TARA M 9030 JANE RD N 9030 JANE RD N LAKE ELMO MN 550421002921220010 $5,000.003 KENNEDY KIRBY A & MARILYN J 9051 JANE RD N 9051 JANE RD N LAKE ELMO MN55042 1002921220014 $5,000.004 HOMNICK PAUL & KATELYNN KEIR 9060 JANE RD N 9060 JANE RD N LAKE ELMO MN 55042 1002921220009 $5,000.005 THOMPSON JAMES E & DENISE M EL 9077 JANE RD N 9077 JANE RD N LAKE ELMO MN 55042 1002921220015 $5,000.006 MECHELKE RENEE F 9090 JANE RD N 9090 JANE RD N LAKE ELMO MN 55042 1002921220008 $5,000.007 ZITON DEXTER J & TONI E 9109 JANE RD N 9109 JANE RD N LAKE ELMO MN 55042 1002921220004 $5,000.008 BAUERFELD WARREN JR & BARBARA 9112 JANE RD N 9112 JANE RD N LAKE ELMOMN 55042 1002921220017 $5,000.009 O’SULLIVAN BASIL J JR 9133 JANE RD N 9133 JANE RD N LAKE ELMO MN 55042 1002921220006 $5,000.0010 SINGER DONALD R & LORETTA L 9161 JANE RD N 9161 JANE RD N LAKE ELMO MN 55042 1002921220005 $5,000.0011 KLECKER KATHRYN A 9199 JANE RD N 9199 JANE RD N LAKE ELMO MN 55042 1002921220002 $5,000.0012 QUINN LISA J & TERENCE S 9220 JANE RD N 9220 JANE RD N LAKE ELMO MN 55042 1002921220019 $5,000.0013 MARTIN DOROTHY L 9233 JANE RD N 9233 JANE RD N LAKE ELMO MN 55042 1002921220001 $5,000.0014 OLSEN BRIAN R & DEANA M 9287 JANE RD N 9287 JANE RD N LAKE ELMO MN 55042 1002921210003 $5,000.0015 DROMMERHAUSEN SCOTT A & JULIE 9359 JANE RD N 9359 JANE RD N LAKE ELMO MN 55042 1002921240006 $5,000.0016 OFFORD DAVID R & HEIDE M 9369 JANE RD N 9369 JANE RD N LAKE ELMO MN 55042 1002921240007 $5,000.0017 TRAN NANG TRI & THU HUONG 9393 JANE RD N 7970 DEMONTREVILLE TRL N LAKE ELMO MN 55042 1002921240008 $5,000.0018 VANDEMMELTRAADT MARK & SHARON 9397 JANE RD N 9399 JANE RD N LAKE ELMO MN 55042 1002921240009 $5,000.0019 KOREN CHRISTOPHER 9406 JANE RD N 9406 JANE RD N LAKE ELMO MN 55042 1002921240020 $5,000.0020 FOSTER DOUGLAS A & JILL M 9409 JANE RD N 9409 JANE RD N LAKE ELMO MN 55042 1002921240010 $5,000.0021 HAMERLY JOHN P & LAURIE J 9429 JANE RD N 9429 JANE RD N LAKE ELMO MN 55042 1002921240011 $5,000.0022 VOSBERG DARYL E & HEIDY M 9436 JANE RD N 9436 JANE RD N LAKE ELMO MN 55042 1002921240033 $5,000.0023 KIMLINGER GARY P & REBECCA L 9461 JANE RD N 9461 JANE RD N LAKE ELMOMN 55042 1002921240013 $5,000.0024 HEROFF GERALD S JR & LISA M 9477 JANE RD N 9477 JANE RD N LAKE ELMO MN 55042 1002921240012 $5,000.0025 AARON R & JESSICA A RUNK LIV T 9497 JANE RD N 9497 JANE RD N LAKE ELMO MN 55042 1002921240015 $5,000.0026 FUHRMAN MARINA 9498 JANE RD N 9498 JANE RD N LAKE ELMO MN 55042 1002921240032 $5,000.00JANE COURT N: JANE ROAD N TO DEAD END27 DEGERSTROM JAMES & ROSE STARK 9260 JANE CT N 9260 JANE CT N LAKE ELMO MN 55042 1002921210017 $5,000.0028 SCHOONOVER GARY W & GRACE 9317 JANE CT N 9317 JANE CT N LAKE ELMO MN 55042 1002921210006 $5,000.0029 HAU DONALD M & VALERIE SUE 9330 JANE CT N 9330 JANE CT N LAKE ELMO MN55042 1002921210008 $5,000.0030 MORGAN SPENCER L & DAVID H 9337 JANE CT N 9337 JANE CT N LAKE ELMO MN55042 1002921210005 $5,000.0031 CREPEAU ALIXANDRA & ERIC POPPE 9357 JANE CT N 9357 JANE CT N LAKE ELMO MN 55042 1002921210004 $5,000.0032 BENESCH GREGORY P 9377 JANE CT N 9377 JANE CT N LAKE ELMO MN 55042 1002921240027 $5,000.0033 FORSTER STEVEN C & JANE E 9397 JANE CT N 9397 JANE CT N LAKE ELMO MN 55042 1002921240026 $5,000.0034 WALFOORT MICHAEL R 9407 JANE CT N 9407 JANE CT N LAKE ELMO MN 55042 1002921240025 $5,000.0035 VINCENT M HARNICK TRS 9417 JANE CT N 9417 JANE CT N LAKE ELMO MN 550421002921240024 $5,000.0036 COLIANNI JOSEPH W & MARSHA K 9427 JANE CT N 9427 JANE CT N LAKE ELMOMN 55042 1002921240023 $5,000.0037 PAULSON THOMAS E & BONNIE J 9437 JANE CT N 9437 JANE CT N LAKE ELMO MN 55042 1002921240022 $5,000.0038 BURKHART DAVID & LISA ANDREW‐B 9447 JANE CT N 9447 JANE CT N LAKE ELMO MN 55042 1002921240021 $5,000.0039 BURRESS PATRICK M & SHAWN M 9441 JANE CT N 9441 JANE CT N LAKE ELMO MN 55042 1002921240029 $5,000.0040 BARRERA SUSAN M 9420 JANE CT N 9420 JANE CT N LAKE ELMO MN 55042 1002921240031$10,000.00SUBTOTAL 205,000.00$ ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.OCTOBER 20172018 STREET IMPROVEMENTSPRELIMINARY ASSESSMENT ROLLPAGE 2NO. NAMEPID AMOUNTJAMACA AVE N: JANE ROAD N TO JAMACA AVE N41 KOSTICHKA STEVEN D & HILARY S 4940 JAMACA AVE N 4940 JAMACA AVE N LAKE ELMO MN 55042 0902921110017 $5,000.0042 HUOT PAUL F & JEANINE E 4955 JAMACA AVE N 4955 JAMACA AVE N LAKE ELMO MN 55042 1002921220011 $5,000.0043 MAXEY JOSEPH D & PATRICIA M 4960 JAMACA AVE N 4960 JAMACA AVE N LAKE ELMO MN 55042 0902921110018 $5,000.0044 JACKSON GERALD A & DEBRA A 4990 JAMACA AVE N 4990 JAMACA AVE N LAKE ELMO MN 55042 0902921110019 $5,000.0045 MARY QUANBECK BARBER TRS 4995 JAMACA AVE N 4995 JAMACA AVE N LAKE ELMO MN 55042 1002921220012 $5,000.0046 CODERRE JAMES C & CHERYL A 5020 JAMACA AVE N 5020 JAMACA AVE N LAKE ELMO MN 55042 0402921440003 $5,000.0047 CLAUDE E CYBULSKI TRS 5025 JAMACA AVE N 5025 JAMACA AVE N LAKE ELMO MN 55042 0302921330007 $5,000.0048 FOSSEY MITCHELL S & AMY B 5040 JAMACA AVE N 5040 JAMACA AVE N LAKE ELMO MN 55042 0402921440004 $5,000.0049 NEBUR MICHAEL J & LINDA S GILB 5055 JAMACA AVE N 5055 JAMACA AVE N LAKE ELMO MN 55042 0302921330008 $5,000.0050 PETERSON ELIZABETH & BJORN 5060 JAMACA AVE N 5060 JAMACA AVE N LAKE ELMO MN 55042 0402921440005 $5,000.0051 RESEMIUS WILLIAM H & MARY B 5080 JAMACA AVE N 5080 JAMACA AVE N LAKE ELMO MN 55042 0402921440006 $5,000.0052 GROSS CHRISTOPHER L & KATHLEEN 5111 JAMACA BLVD N 5111 JAMACA BLVD N LAKE ELMO MN 55042 0302921330009 $2,500.00JEROME AVE N: 49TH ST N TO 53RD ST N53 SRIENC FRIEDRICH & IWONA T 4955 JEROME AVE N 4955 JEROME AVE N LAKE ELMO MN 55042 1002921210023 $5,000.0054 MARTIN NAOMI J & DAVID 5055 JEROME AVE N 5055 JEROME AVE N LAKE ELMOMN 55042 0302921340006 $5,000.0055 WEBBER WALTER J & DORIS L 5080 JEROME AVE N 5080 JEROME AVE N LAKE ELMO MN 55042 0302921330016 $5,000.0056 KRAHN RICHARD R & ELEANOR L 5170 JEROME AVE N 5170 JEROME AVE N LAKE ELMO MN 55042 0302921330015 $5,000.0057 JEAN GRAY DUNBAR TRS AGR 5230 JEROME AVE N 5230 JEROME AVE N LAKE ELMO MN 55042 0302921340005 $5,000.0058 AMUNDSON RODNEY E & CAROL F 5277 JEROME AVE N 5277 JEROME AVE N LAKE ELMO MN 55042 0302921340013 $5,000.00JEROME AVE CT N: JEROME AVE N TO DEAD END59 KROUSE RUSHFORD W & MARY W 5217 JEROME AVE CT N 5217 JEROME AVE CT N LAKE ELMO MN 55042 0302921340007 $5,000.0060 GRAVES CHARLES W & CAROL A 5227 JEROME AVE CT N 5227 JEROME AVE CT N LAKE ELMO MN 55042 0302921340008 $5,000.0061 ABBOTT MICHAEL W & MARIANNE M 5237 JEROME AVE CT N 5237 JEROME AVE CT N LAKE ELMO MN 55042 0302921340009 $5,000.0062 MELIN GARY R & ELIZABETH 5247 JEROME AVE CT N 5247 JEROME AVE CT N LAKE ELMO MN 55042 0302921340010 $5,000.0063 MONSON FAMILY LIVING TRS 5257 JEROME AVE CT N 5257 JEROME AVE CT N LAKE ELMO MN 55042 0302921340011 $5,000.0064 SPOFFORD NEIL K & MARGARET A 5267 JEROME AVE CT N 5267 JEROME AVE CT N LAKE ELMO MN 55042 0302921340012 $5,000.0053RD STREET: JAMACA BLVD N TO 9480 53RD ST N65 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 0302921330001 $10,000.0066 FANG RICHARD S & MARY K 9220 53RDST N PO BOX 73 LAKE ELMO MN 55042 0302921310006$5,000.0067 ALME DENNIS F & COLLEEN C 9280 53RDST N 9280 53RDST N LAKE ELMO MN 55042 0302921340003$5,000.0068 CROSS SUE E 9287 53RDST N 9287 53RDST N LAKE ELMO MN 55042 0302921340004$5,000.0069 JOHN W THATCHER TRS & LAVERNE 9320 53RDST N 9320 53RDST N LAKE ELMO MN 55042 0302921340002$5,000.0070 EDITH JOAN NICHOLSON TRS 9355 53RDST N 9355 53RDST N LAKE ELMO MN 55042 0302921340014$5,000.0071 WEGWERTH RUSSELL W & JANA L 9377 53RDST N 9377 53RDST N LAKE ELMO MN 55042 0302921340015$5,000.0072 PETERSON DALE D & JACLYN G 9380 53RDST N 9380 53RDST N LAKE ELMO MN 55042 0302921340001$5,000.0073 HINIKER JAMES & KATHRYN ROBERT 9400 53RDST N 9400 53RDST N LAKE ELMO MN 55042 0302921310005$5,000.0074 GIERKE CATHY J L & CHARLES H 9440 53RDST N 9440 53RDST N LAKE ELMO MN 55042 0302921310004$5,000.00SUBTOTAL 172,500.00$ ADDRESS MAILING ADDRESS
PROJECT SCHEDULE
CITY OF LAKE ELMO
2018 STREET IMPROVEMENTS
PROJECT NO. 2017.156
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
OCTOBER 2017
AUGUST 15, 2017 Council authorizes Feasibility Report.
NOVEMBER 7, 2017 Presentation of Feasibility Report. Council accepts Report and calls Hearing.
DECEMBER 5, 2017 Public Improvement Hearing. Council Orders the Improvement and orders the
preparation of Plans and Specifications (Requires 4/5th vote).
MARCH 20, 2018 Council approves Plans and Specifications and orders Advertisement for Bids.
APRIL 19, 2018 Receive Contractor Bids.
MAY 1, 2018 Council accepts Bids and awards Contract.
MAY 28, 2018 Conduct Pre‐Construction Meeting and issue Notice to Proceed.
SEPTEMEBER 21, 2018 Substantial Completion.
OCTOBER 26, 2018 Final Completion.
STAFF REPORT
DATE: 11/21/17
REGULAR
ITEM #: 14
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Draft Findings of Fact for Recommendation of Denial of Comprehensive Plan Amendment to Re-Guide a Portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential
and General Planned Unit Development Concept Plan for Continental
Properties REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: On September 25, 2017, the Planning Commission recommended denial 7-0 of the requests from Continental 419 Fund LLC c/o Gwyn Wheeler for approval of a Comprehensive Plan Amendment to re-
guide a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential along with a General Planned Unit Development (PUD) Concept Plan for a 300 unit multi-family development on a 21.60 acre parcel to be called Springs Apartments.
The Planning Commission did not draft recommended findings of fact to present to Council. On October 17, 2017, the Council considered the requests. Staff had prepared findings of fact and drafted Resolutions for denial to present to Council, along with findings of fact and draft Resolutions for approval, but Council requested that the item go back to the Planning Commission so that they would prepare findings of fact for denial. The Planning Commission again discussed the proposed Comprehensive Plan Amendment and Concept PUD Plan at its November 13, 2017 meeting.
ISSUE BEFORE COUNCIL: The Commission is being asked to review and either approve or deny the proposed Comprehensive Plan Amendment and Concept PUD Plans request by Continental. PROPOSAL DETAILS/ANALYSIS: The staff report that was presented to the Council on October 17, 2017 is attached. Updates that have
occurred since this Staff report was drafted include the following:
• Total Acreage. Continental indicated on their application that the total acreage of the proposed development is 21.6 acres. However, that area is less the right-of-way of the site for both 5th Street and the future road as proposed to the west of the development. The Metropolitan Council
calculates net density by taking the minimum number of planned housing units and dividing by the net acreage. The net acreage does not include land covered by wetlands, water bodies, public parks and trails, public open space, arterial road rights-of-way, and other developable acres
identified in or protected by local ordinances such as steep slopes. 5th Street North is a collector
street, and the future proposed road would be a local road, both of which are not part of the
metropolitan highway system. Therefore, this cannot be taken out to determine net density. Further, there are no wetlands and water bodies on the property nor are public parks or protected open space proposed. As such, the total acreage of the site is actually 27.49 acres, not 21.6 acres.
• Density. Because the total acreage of the site is higher than originally thought, the net density of the site is actually 10.91 units per acre, not 13.89 as originally stated.
• Proposed Amenities. The Applicant has proposed that they would be willing to make a contribution to the signal for the planned future signal at the intersection of Keats Avenue North and Hudson Blvd N. This signal is estimated to cost the City approximately $500,000. The exact contribution the applicant is willing to contribute is yet to be determined.
• Reallocating Area for Planned Urban High Density Residential Land Use. Met Council’s 2015 System Statement indicates that 508 affordable housing units are required for the years 2021-2030. The Met Council will count land guided as high density towards these numbers, provided the density is at least eight units per acre. Because this development, if approved, would occur prior to 2021, this development would not count towards those numbers. The current 2030 Comprehensive Plan does guide sufficient acreage for high density housing to support the 508 units required for the years 2021-2030. However, the current Comprehensive Plan also shows that 118.26 acres of land was to develop as high density land use between the years 2012-2020. This has not yet occurred. The Met Council has indicated that because these 118.26 acres would then
shift towards the years 2021-2030 and beyond, that the City could then “switch out” areas that are currently planned for high density with this development (though they have stated that they would not recommended this).
• Totlot. The Planning Commission recommended that if the Council approved the Comprehensive Plan Amendment, that as a condition of approval, the Parks Commission review the proposed plan and make recommendation on whether a private totlot should be included within the development. The Parks Commission reviewed the proposed development on October 16, 2017 and recommended that the City accept fees in lieu of parkland dedication; that a trail be included
on the future road in place of the proposed sidewalk; and that the development not include a private totlot, as the demographics of similar developments that Continental have executed do not indicate a need for a totlot.
Planning Commission Review 11/13/17. As previously stated, the Planning Commission again reviewed the proposed Comprehensive Plan Amendment and Concept PUD Plan and drafted the following findings of fact for denial: 1) That the land guided as Urban Medium Density is a sufficient gradation from Urban Low Density Residential to Commercial. 2) That approximately 70 residents, mostly from an adjacent development, signed and submitted a petition opposing the proposed Comprehensive Plan Amendment.
3) That no benefit to the City has been proposed that is significant enough to warrant an increase in density afforded by a Comprehensive Plan Amendment. 4) There are other properties along the I-94 corridor that are guided for Urban High Density Residential. Application Deadline. The application was received by the City on August 25, 2017. The 60 day review
period was up on October 24, 2017. An extension letter was sent to the applicant, and the final deadline for action is December 23, 2017.
FISCAL IMPACT: There would be no fiscal impact to the City at this time, as the developer would be required to pay for any
amendments needed to accommodate the increase in REC units. Concept Plan approval does not afford the applicant development rights. When the property develops, it will have urban services and will pay sewer and water connection charges, building permit fees and the like.
OPTIONS: The Council may:
• Deny the proposed Comprehensive Plan Amendment and Concept PUD Plan with findings of fact as drafted by Staff.
• Amend findings of fact as drafted by Staff in the Resolutions denying the proposed Comprehensive Plan Amendment and Concept PUD Plan and adopt Resolutions as amended.
• Approve the proposed Comprehensive Plan Amendment and Concept PUD Plan with findings of fact and conditions as proposed by Staff.
• Amend the Staff-proposed findings of fact and conditions of approval the proposed Comprehensive Plan Amendment and Concept PUD Plan and approve with amended findings of fact and conditions of approval.
• Approve the proposed Comprehensive Plan Amendment and deny the proposed Concept PUD Plan. RECOMMENDATION:
If it pleases the Council to deny an amendment of the Land Use Plan of the Comprehensive Plan, re-guiding a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential as requested by Continental 419 Fund LLC, Staff recommends the following motion: “Motion to adopt Resolution 2017-112 denying a Comprehensive Plan Amendment re-guiding a
portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High
Density Residential as requested by Continental 419 Fund LLC.” If it pleases the Council to approve an amendment of the Land Use Plan of the Comprehensive Plan, re-guiding a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential as requested by Continental 419 Fund LLC subject to recommended conditions of approval, Staff recommends the following motion.
“Motion to adopt Resolution 2017-112 approving a Comprehensive Plan Amendment re-guiding a
portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential as requested by Continental 419 Fund LLC, subject to recommended conditions of approval.” If it pleases the Council to deny the proposed Comprehensive Plan Amendment, the proposed PUD Concept Plan should also be denied, Staff recommends the following motion:
“Motion to adopt Resolution 2017-113 denying the PUD Concept Plan as requested by Continental 419 Fund LLC for PID# 34.029.21.43.0003 with recommended conditions of approval.” If it pleases the Council to approve the proposed PUD Concept Plan as requested by Continental 419 Fund LLC, Staff recommends the following motion:
“Motion to adopt Resolution 2017-113 approving the PUD Concept Plan as requested by Continental 419 Fund LLC for PID# 34.029.21.43.0003, subject to recommended conditions of approval.” ATTACHMENTS:
• 10/17/17 meeting packet (regarding subject request)
• Draft Resolutions for denial and approval 2 of 2017-112 and 2 of 2017-113 (4 total)
STAFF REPORT
DATE: 10/17/17
REGULAR
ITEM #: 26
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Comprehensive Plan Amendment to Re-Guide a Portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential and General Planned Unit Development Concept
Plan for Continental Properties REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
The City has received a request from Continental 419 Fund LLC c/o Gwyn Wheeler for approval of a Comprehensive Plan Amendment to re-guide a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential along with a General Planned Unit Development
(PUD) Concept Plan for a 300 unit multi-family development on a 21.60 acre parcel to be called Springs Apartments.
ISSUE BEFORE COUNCIL:
The Council is being asked to review the above-mentioned requests from Continental 419 Fund LLC c/o
Gwyn Wheeler.
PROPOSAL DETAILS/ANALYSIS:
General Information.
•Property Owner: DPS-Lake Elmo, LLC of 6007 Culligan Way, Minnetonka, MN 55345
•Location: South of the Savona development and North of Hudson Blvd. N
•Current Site Area: 39.88 acres
•Land Use Guidance: Urban Medium Density Residential on the northern portion of the propertyand Commercial on the southern portion
•Zoning: Rural Development Transitional
•Surrounding Land Use Guidance: Commercial and Urban Medium Density Residential to theEast, Urban Low Density Residential to the North, Urban Medium Density Residential to theWest, and Commercial to the South.
•History: The property has been used as rural vacant land.
COMPREHENSIVE PLAN AMENDMENT
Reason for Request. The proposed gross density of the project will be 13.89 units per acre, and the area in which the development is proposed is guided for Urban Medium Density Residential at a density of 4.5-7 units per acre. The City’s Urban High Density Land Use category allows for a density of 7.5-15
units per acre, and so the applicant has proposed amending the land use category of a portion of the subject property to Urban High Density.
Current Land Use Guidance. The subject parcel is currently guided for Medium Density Residential on
the northern portion of the parcel and Commercial on the southern portion of the parcel. The area of the subject parcel that is guided for Urban Medium Density Residential is 28.73 acres, and so depending on the amount of land taken out to determine net density, approximately 170-201 units could go in this area
using the maximum of 7 units per acre allowed within this land use guidance. Additionally, with a PUD, an increase of up to 20% density could be allowed, increasing that amount to 204-241. The following uses are allowed within the Urban Medium Density Residential zoning district:
•Single-family detached dwelling (permitted)
•Two-family dwelling (permitted)
•Single-family attached dwelling (permitted)
•Multi-family dwelling (conditional)
•Secondary dwelling (conditional)
•Manufactured home park (conditional)
•Group home (permitted)
•Group residential facility (conditional)
•Congregate housing (conditional)
•Semi-transient accommodations (conditional)
•Day care center (conditional)
•Schools, public, and private (conditional)
•Wayside stands (permitted)
•Parks and open spaces (permitted)
•Broadcasting or communication facility (conditional)The following accessory uses are also allowed:
•Home occupation (permitted)
•Bed and breakfast (conditional)
•Family day care (permitted)
•Group family day care (conditional)
•Temporary sales (permitted)
•Other structures typically incidental and clearly subordinate to permitted uses
The proposed land use (Urban High Density Residential) and rezoning would allow the following uses:
•Single-family detached dwelling (permitted)
•Two-family dwelling (permitted)
•Single-family attached dwelling (permitted)
•Multi-family dwelling (permitted)
•Secondary dwelling (conditional)
•Group home (permitted)
•Group residential facility (conditional)
•Halfway house (conditional)
•Congregate housing (conditional)
•Semi-transient accommodations (conditional)
•Community services (conditional)
•Day care center (conditional)
•Schools, public, and private (conditional)
•Office (conditional)
•Funeral home (conditional)
•Personal services (conditional)
•Nursing and personal care (conditional)
•Neighborhood convenience store (conditional)
•Wayside stands (permitted)
•Parks and open spaces (permitted)
•Broadcasting or communication facility (conditional)The following accessory uses are also allowed:
•Home occupation (permitted)
•Bed and breakfast (conditional)
•Family day care (permitted)
•Group family day care (conditional)
•Parking facility (conditional)
•Temporary sales (permitted)
•Other structures typically incidental and clearly subordinate to permitted uses
Comprehensive Plan Amendment Requirements by the Metropolitan Council (Met Council). Before submitting a Comprehensive Plan Amendment request to the Met Council for approval, a City must first submit for review by the Planning Commission, obtain local governing body authorization for the
amendment to be submitted for Metropolitan Council review, and have adjacent governmental units, affected special districts, and affected school districts review. After receipt of the Comprehensive Plan Amendment request by the Met Council, they have 15 days to review for completeness and 60 days to
approve or deny and may extend this period to an additional 60 days if needed and beyond 120 days if agreed to by the local government.
Adjacent Review. The application was sent out for adjacent review on August 30, 2017. Three responses have been received thus far, all stating that they don’t have any comments. The review period ends October 29, 2017.
Required Sewered Housing. The Metropolitan Council Sewer Allocation Forecasts requires 3,721 sewered households by 2040. Currently, there are 2,401 units within the City that have been platted or at least have received some sort of development entitlement. Therefore, 1,584 more sewered units are required by 2040 according to this data. Of these sewered units, 1,220 would be in the areas planned for sewered development south of 10th Street.
Current Areas Planned For High Density. There are currently only three areas within the City planned for High Density housing. Two are within current developments, the Inwood (31.06 acres) and Boulder
Ponds (2.98 acres) developments, and the third area is within the Stage 2 area of the Sewered Staging Plan (118.94 acres). It should be noted, however, that the third high density area would require a number
of properties to develop before sewer can be extended to this area.
Currently Density within MUSA. The Metropolitan Council requires an average of three units per acre
for areas within the Metropolitan Urban Service Area (MUSA). Currently, it is estimated that with the addition of The Royal Golf Club at Lake Elmo, that the current average density in the MUSA, only taking in to account developments that now have development rights, is approximately 2.1 units per acre.
Resident Concerns Prior to Public Hearing Notice. The following provides a summary of comments received by Staff regarding the proposed Comprehensive Plan Amendment and proposed development:
•The proposed density is almost double what the land is currently planned for and it is at the highend of the Urban High Density land use density.
•Nearby residents bought property with the knowledge that adjacent parcels were guided forUrban Medium Density, not Urban High Density and would not have purchased such propertywith knowledge that there would be a high density development adjacent to their property.
•The price point of the studios ($1,000 per month) could attract younger people, causing drugs,drinking and driving, and safety issues.
•Increased use of 5th Street.
•Concern of increased foot traffic in surrounding neighborhoods.
•Concern of the apartment building becoming Section 8 housing.
•Expression of support for the project as well as the applicant. Applicant has a national presenceand reputation and builds high quality projects. Possibility to spur higher quality commercial andretail development.
Zoning Map Amendment. If the proposed Comprehensive Plan Amendment is approved and the Applicant applies for Preliminary Plat and PUD Plans, a Zoning Map Amendment will be required to rezone the applicable parcel from Rural Development Transitional to Urban High Density Residential.
Planning Commission Review. The Planning Commission held a public hearing, reviewed the request, and made recommendation at its meeting on September 25, 2017. Staff had recommended approval of the
request to the Planning Commission based on the following recommended findings and conditions of approval.
Staff-Recommended Findings.
1.That the Applicant has submitted a request to amend the Comprehensive Plan inaccordance with the procedures as established by the Lake Elmo Planning Departmentand Lake Elmo Planning Commission; and2.That the request is to amend the Comprehensive Land Use Plan:
a.On page III-11, updating Table 3-B to reflect proposed increased acreage of Urban High
Density Residential and decreased acreage of Urban Medium Density Residential.
b.Updating Map 3-3 – the planned land use map.3.That the proposed amendments are consistent with the overall goals and objectives of
the Comprehensive Plan.
Staff-Recommended Conditions of Approval.
1.Submission of the Comprehensive Plan Amendment to the Metropolitan Council and thereceipt of formal notification from the Metropolitan Council that its review has beencompleted and approved.
2.That the Applicant obtain Preliminary Plat approval from the City for the proposeddevelopment based on the proposed Concept Plan as approved by Resolution 2017-___.
A number of people spoke at the public hearing, and their comments are summarized below:
•Concern about increasing the density to the top of the allowed density in the Urban High DensityResidential land use category.
•Comments about similar Springs Developments: Apple Valley development is next to townhomesof higher quality; Rochester development is near commercial area, and comments were made about development in Savage.
•Concern that this would be the largest development in the state.
•Concern about depreciation of property values.
•Concern about the number of dogs that would be there, as Continental had expressed in one of theneighborhood meetings that around 50% of occupants have dogs.
•Concern that there is not a sufficient buffer and that there should be a smoother transition betweensingle family housing and high density housing.
•A petition “to prevent ‘high’ density apartments” was submitted, which by the end of the meeting,had 69 signatures.
The Planning Commission recommended denial of the proposed Comprehensive Plan Amendment request with a vote of 7-0 but did not give findings of fact to support the recommended denial. The Planning Commission did have the following comments:
•Concern about what the development could become if not for this development (i.e. manufacturedhome park; multi-family development with the Urban Medium Density Residential density (possibly through a PUD, which could increase density up to 8.4 units per acre); day care; school; congregate housing, etc.
•This is an opportunity to provide rental units for the City.
•Comments about wanting to see high end rental units at a higher density than something of lowerdensity at a lower quality.
•The Comprehensive Plan was created with a vision of preserving rural character, not promotingsewered growth.
•Concern about supporting the higher end of the allowed density within the Urban High Densityland use category.
CONCEPT PUD PLAN
About the Applicant. Continental 419 Fund LLC. (Applicant) desires to develop a Class A, market-rate
apartment community within the City. The company, started in 1979, is based out of Menomonee Falls, WI, and as of 2016 has broken ground on 3,175 apartment homes in 7 states. 65 Springs Apartment communities, similar to this proposed development, have been developed, including three in Minnesota
(Apple Valley, Rochester, and Savage). The applicant has indicated in pre-application meetings with Staff that Continental owns and operates all Springs developments and that they do not have third party management.
Site Plan. The proposed site plan consists of 21.6 acres of land and includes 15 buildings with 20 units each, four detached garages (three with 12 stalls each and one with six stalls), parking spaces, an approximately 4,000 square foot club house (including a large gathering room, fitness center, kitchen area, coffee bar, and office space), pool with sun deck along with an outdoor bar-be-que area, trash enclosure, mail kiosk, and two pet playgrounds all within a fenced, controlled access community. Many units provide attached, direct-access garages. The remaining parcel would be platted as an outlot until development.
Proposed Unit Breakdown. The proposed number of units totals 300. The following provides a breakdown of the proposed number of units:
Unit Type Number of Units
Studios 30
1-Bedroom 120
2-Bedroom 120
3-Bedroom 30
Proposed Design. The proposed design of the development is a townhouse design two stories in height with private, ground-level entrances to each unit. The building elevations provide architectural interest with use of exterior accents, a large percentage of windows, and high
quality materials including fiber cement board siding and stone masonry. The buildings create
additional high architectural value with use of varied roof lines, and vertical and horizontal articulation. The typical interiors of the units include dark wood colored cabinets, stainless steel
appliances, granite countertops in all kitchens and wood laminate flooring. Select units will be upgraded to include enhanced finishes, painted access walls, granite countertops throughout,
among other features.
Consistency with the Comprehensive Plan. Although the proposed amendment is not strictly consistent with the guided land use for this area within the Comprehensive Plan, as the area is currently guided for Urban Medium Density Residential with a density 4.5-7 units per acre, and the proposed density is 13.89
units per acre, Chapter II of the Comprehensive Plan, City-Wide Planning Policy, indicates the following:
•“It shall be the Policy of the City, by adopted plans, programs, and development regulations, to
permit the provision by private developers of a variety of housing types for all people of all stagesof the life cycle. It will also be the Policy of the City to encourage retention and development ofhousing affordable to a broad range of incomes while maintaining a fiscally responsible ratio ofmunicipal services to provide real estate tax revenue to support those municipal services.
o Low Amount of Existing Rental Units. 2015 statistics indicate that roughly 93% of LakeElmo residents own their home, which is significantly higher above the homeownershiprate of Washington County and the metropolitan area. This could be due to a lack of
available rental units within the City. According to the Metropolitan Council HousingExisting Housing Assessment for the City of Lake Elmo (February 2017), there are only204 rental units within the city. Increasing availability of rental units could allow thosewho are unable to own their own home live within the City.o Housing Cost Burdened Households. According to the Metropolitan Council HousingExisting Housing Assessment for the City of Lake Elmo (February 2017), there are 418cost-burdened households within the city whose housing costs are at least 30% of theirincome.o Need for Affordable Housing. The Metropolitan Council’s 2015 Systems Statementindicates that Lake Elmo’s share of the region’s need for low and moderate incomehousing is 508 new units affordable to households earning 80% of the area medianincome (AMI) or below. Of these new units, the need is for 27 affordable to householdsearning at or below 30% of AMI, 179 affordable to households earning 31% to 50% ofAMI, and 302 affordable to households earning 51% to 80% of AMI. The Metropolitan
Council has been contacted about this particular development, and because thedevelopment would occur before the year 2020, it would not count towards these needs;it would count towards affordable housing needs for the 2010-2020 decade.
o According to data from the Minneapolis Association of Realtors, the median home salesprice for Lake Elmo in 2016 was $407,070. This is over 75% more than the metropolitanarea median home sales price ($232,000). By allowing a high density development withinthis area of the City, which currently has access to City sewer and water, youngerprofessionals and aging adults who cannot yet afford homes in Lake Elmo’s current price
range will be able to live in the community in which they grew up and enjoy.
•“Examples of adherence to these housing policies include…..Affirmative City actions to address
support for senior and age-restricted housing initiatives within the Regional Seweredareas…south of 10th Street North that demonstrate high standards of design, materials, andresident amenities. Ease of resident access to goods and services within the context of the non-
residential development policies of this plan will be an important locational determinant inrecognition of the reduced mobility of senior and age-restricted residents. Such goods andservices shall be facility-integrated with the residential uses intended to be served…”
o Continental has indicated in pre-application meetings that 20% of their residents aretypically 55+. Locating such a development in close proximity to an area guided forcommercial development would, in the future, provide easy access for such members of
the community to needed goods and services that will likely become available with an increase in residential development.
•“Affirmative City actions to address support of expanded opportunity for development of new
housing resources affordable to families of moderate income within the areas of the City plannedfor service by Regional Wastewater Treatment.”
o As mentioned, the proposed increase density will allow for families of moderate incometo live within the community.
•“City financial subsidy in support of housing opportunities is not implied by this Policy.”
o Continental is not requesting City financial subsidy for the proposed project.
•“By zoning and other City codes, the City will encourage housing development that respects thenatural environment of the community while striving to accommodate the need for a variety ofhousing types and costs.”
o The proposed development is consistent with that of the surrounding area. The Savona
townhomes that currently exist to the northeast of the site are similar in design and styleto that of the proposed development. Additionally, the proposed development willaccommodate the need for a variety of housing types and costs.
•“Municipal Services…Provision of municipal services will not be in a manner that drivesintensive development, but rather responsive to the intensity of development specified by theComprehensive Plan.”
o As previously mentioned in the Engineering review comments, the site was projected tohave 145 REC units, although the site is able to handle the additional REC units eitherinternally as part of the site work or by replacing 250 feet of 8-inch sanitary sewer with
10-inch sanitary sewer.
Consistency with Planned Unit Development Regulations. Staff has reviewed the proposed
plan for its consistency with requirements of Article XVII: Planned Unit Development (PUD)
Regulations and has found the following:
•Intent. The intent of a PUD is to provide for flexibility in the use of land and theplacement and size of buildings in order to better utilize site features and obtain a higherquality of development. A PUD is required for the proposed development, as more than
one principal building is proposed to be placed on a platted lot, and the proposed garages
are larger than the maximum-allowed 1,000 square feet in size.
•Identified Objectives. When reviewing requests for PUDs, the City is to considerwhether one or more objectives as outlined in Section 154.751: Identified Objectives ofthe Zoning Code will be served or is achieved. Staff has found that the followingobjectives are being met with the proposed development.
A. Innovation in land development techniques that may be more suitable for a given
parcel than conventional approaches.
•The proposed development is not a typical, multi-story apartment building andinstead proposes a townhouse design two stories in height with private, ground-
level entrances to each unit
C. Provision of a more adequate, usable, and suitably located open space, recreational amenities and other public facilities than would otherwise be provided under conventional land development techniques.
•The proposed development is proposing a number of recreational amenities to
residents within the PUD including pet playgrounds, clubhouse, and pool.
D. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for senior and affordable housing.
•The proposed development will provide additional housing opportunities withinthe City, as there are currently very few multi-family buildings within the City.
G. Coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses.
•The townhouse design will be compatible in design those of the neighboring
Savona townhomes.
H. Higher standards of site and building design than would otherwise be provided under
conventional land development technique.
•The City does not currently have standards for single family housing. As such, theCity cannot impose guidelines and standards set forth with the Lake Elmo DesignGuidelines & Standards Manual. However, the City may impose such guidelines
on high density residential development.
•Minimum Requirements. PUDs must meet the following minimum requirements:
A. Lot Area. A PUD must include a minimum of 5 acres for undeveloped land or 2 acres for
developed land within the approved development.
•The proposed development exceeds this requirement with a proposed 21.60 acredevelopment.
B. Open Space: For all PUDs, at least 20% of the project area not within street rights-of-
way to be preserved as protected open space. Other public or site amenities may be approved as an alternative to this requirement. Any required open space must be available to the residents, tenants, or customers of the PUD for recreational purposes or similar benefit. Land reserved for storm water detention facilities and other required
site improvements may be applied to this requirement. Open space shall be designed to
meet the needs of residents of the PUD and the surrounding neighborhoods, to the extent practicable, for parks, playgrounds, playing fields and other recreational facilities.
•The applicant has indicated that approximately 42% of the proposed development isopen space (including detention ponds, pet areas, green spaces, and landscaped
areas). C. Street Layout… In newly developing areas, streets shall be designed to maximize connectivity in each cardinal direction, except where environmental or physical constraints
make this infeasible. All streets shall terminate at other streets, at public land, or at a park or other community facility, except that local streets may terminate in stub streets when
those will be connected to other streets in future phases of the development or adjacent developments.
•The proposed new road connecting 5th Street to Hudson Blvd meets this
requirement. Junco Road was intended to continue on through part of this
development, though the proposed development will cause it to terminate at the
intersection of 5th Street. It is a recommended condition of approval that all
comments outlined in the Engineering memo dated September 7, 2017 be addressed.
The comments in this memo required that improvements to this intersection be made
as part of this project.
Proposed Amenities. The City’s PUD ordinance provides that amenities may be provided for increased density. In this case, because the applicant is proposing a Comprehensive Plan amendment to re-guide the area to Urban High Density Residential, which would accommodate the proposed density of the development, an increase in density beyond the desired land use designation is not required. However, a PUD should still offer the City amenities in exchange for
the flexibility of allowing more than one building on a parcel as well as allowing garages larger
than 1,000 square feet.
•Underground or structure parking. The narrative of the application indicates that manyunits provide attached, direct-access garages. It has not been indicated that this willreduce the surface parking area outside the footprint of the principal structure by 25%,
however, as required by the PUD Code.
•Contained Parking. By proposing 162 garage spaces for its residents, the proposed
development limits the amount of visible surface parking.
•Additional Amenities? Additionally, the City may also consider the allotment of amenity“points” for site amenities that are not otherwise specified within the ordinance.Continental has communicated that they would provide the following amenities:
o Creating connectivity from 5th Street North to Hudson Boulevard by constructingthe north-south road to the west of the development.
o Construction of turn lanes on Hudson Boulevard North.
o Contribution to signal for intersection of Hudson Boulevard and Keats Avenue.
The signal is estimated to cost $500,000, though Continental has not yet provided
an exact amount they are willing to contribute.
o Additional landscaping and screening beyond what is required. The applicant has
not yet provided a landscaping plan but has communicated that they willing to exceed City standards.
o Their development proposes no City streets throughout the development area.
Therefore, there is less cost to the City in terms of maintenance.
o Continental is having a third party appraiser look in to how property values
surrounding the existing properties adjacent to similar developments they’veconstructed in Apple Valley and Savage have been affected with the newdevelopments.
Consistency with Proposed Urban High Density Residential (HDR) Zoning District. As mentioned, the proposed development will require City approval of a Comprehensive Plan Amendment as well as a Zoning Map Amendment to rezone the property to Urban High Density Residential. As such, review of
the proposed General PUD Concept Plan Review against standards including setbacks, impervious coverage, etc. of the Urban High Density Residential zoning districts was done, as shown below.
Standard Required Proposed Impervious Surface Maximum 75% 58% Minimum Lot Width 60 feet 199.09 feet at the smallest proposed width
Front Yard Setback 20 feet 20 feet Interior Side Yard 15 feet 20 feet Corner Side Yard 10 feet 20 feet
Rear Yard Setback 20 feet 20 feet
Parking (specific to multi-family development within HDR zoning district)
Not to be located in the front yard or between the front façade and street.
Parking is located in front of Building 3, though this is not necessarily considered the front
yard.
Open space (specific to multi-
family development within HDR zoning district)
200 square feet of common open
space provided per unit.
Approximately 1300 square feet
of open space is provided for each unit.
Adherence to Lake Elmo Design Guidelines and Standards.
The proposed development adheres to the Lake Elmo Design Guidelines and Standards in that:
• The proposed structures are located and oriented in a manner that allows for pedestrian
accessibility and provides visual interest from the public right-of-way.
• Buildings are located as close to the public street as possible, easily accessible from the street; setbacks are varied slightly; recreational and common spaces are located at the
interior or rear of the site.
• Streetscapes provide for pedestrian accessibility and safety while offering aesthetically pleasing environments, as 5th Street streetscape is already in place, and a sidewalk/trail is provided along the future road.
• Parking areas do not account for more than 50% of street frontage.
• Trash enclosure is located away from most of the residential buildings.
• Examples of past developments adhere to building design requirements. It is a
recommended condition of approval that the applicant include a detailed architectural
plan proposal for the development.
Parkland Dedication. The Parks Commission will review the proposed development at its October 16, 2017 meeting, and Staff will verbally communicate feedback at tonight’s meeting. The proposed development does not propose a public park but does provide recreation for its residents through the club house, pool and open space. The neighborhood park search area plan of the Comprehensive Plan indicates that a neighborhood park should be located in the below indicated neighborhood park search area. This area is already served by Savona Park. The Planning Commission, as indicated below, specifically asked
that the Parks Commission review the development to assess a need for a totlot.
The proposed development consists of 21.60 acres, and the Applicant would be required to pay a park dedication fee in lieu of land for subdivision of less than four lots for a commercial property at a fee of $4,500 per acre. This would require a fee of $97,200.00. Trails. The Comprehensive Plan’s Trail Plan shows a planned trail down the proposed street along the west side of the development. The proposed plan indicates a proposed sidewalk along the future road but not a trail. Trail connection requirements along Hudson Blvd need to be reviewed. A crosswalk with pedestrian ramps to cross 5th Street N, should be constructed.
Parking. The City’s Zoning Code requires one space per unit, along with one visitor space per
four units. With the proposed 300 units, 375 spaces would be required, and 525 spaces are proposed. There are also an additional 17 spaces proposed for the clubhouse. The proposed width and length of parking stalls is compliant with code, and the proposed width (estimated to be 24’) is adequate for a 2-way aisle width according to the Zoning Code. Of these parking spaces, a
total of 17 spaces are proposed to be Americans with Disabilities Act (ADA)-accessible. The
ADA requires 2% of parking spaces totaling over 501 to be ADA-accessible, and so the
proposed number of ADA parking spaces is compliant, providing adequate width and access aisle spacing.
Engineering Comments. The City Engineer has provided a review memo regarding the proposed Comprehensive Plan Amendment and General Concept PUD. This memo is attached
for reference. Staff would like to highlight the following comments in summary:
• Streets and Transportation
o Hudson Right-of-Way. Additional right-of-way on Hudson Blvd must be dedicated. A Hudson Blvd typical section needs to be developed by the City to
determine necessary width. 10 foot utility easements must be provided along each side of the new right-of-way.
o The concept plan proposes a new commercial street connecting Hudson Blvd and 5th Street N, which is the preferred street and access configuration and alignment. The design must take in to consideration the existing location of the existing sanitary sewer and watermain utilities located in the corridor.
o Turn Lanes Needed. An eastbound left turn lane and westbound right turn lane must be constructed along Hudson Blvd as part of the proposed commercial street intersection with Hudson Blvd. o Adjacent Secondary Access. Further review of the secondary access provided to
the adjacent property to the southeast will require further review during
preliminary planning.
o Emergency Access. The unpaved emergency access to 5th Street North should be paved within the City right-of-way. o Perimeter Fence. This encroaches the 10 foot utility easement, and so the location must be revised to preserve the easement.
o Intersection Improvements to Junco Road. It is recommended that improvements to the intersection of 5th Street N and Junco Rd be made as part of this project, as this road was intended to continue with future development, yet this site plan proposes Junco Road terminating at 5th Street N. As a result, minor design and
construction revisions will be required at the intersection including the
construction of a 5th Street crosswalk with pedestrian ramps across 5th Street N, and connecting trail segment, to connect the Savona trail from the park to the sidewalk/trail for the new commercial street. o Traffic Impact Study. Is needed for CSAH 19 and Hudson Blvd and CSAH 19 and 5th Street. Consideration of financial contribution to CSAH 19/Hudson Blvd
traffic signal.
• Municipal Sanitary Sewer o The subject parcel was projected to contain approximately 145 Residential
Equivalency Charge (REC) units, and the site plan proposes 300 REC units. In
order to account for these additional units, the site will need to connect to a 10-inch sanitary sewer line.
• Municipal Water Supply o The applicant will be responsible to provide watermain stub(s) to the adjacent
property to the south.
o The existing water system has sufficient capacity for domestic service for the proposed number of REC units. o The applicant will be responsible to place hydrants throughout the property at the
direction of the Fire Department.
• Stormwater Management
o All stormwater facilities need to be in accordance with City and Valley Branch Watershed District (VBWD) requirements. o Stormwater facilities will need to include both stormwater ponds (detention) and infiltration basins and to remain privately owned, requiring execution and
recording of a Stormwater Maintenance and Easement Agreement with the City in its standard form. Maintenance access should be provided.
Building Official and Fire Chief Review. The Building Official and Fire Chief have review the proposed plan and have commented that the unpaved, second emergency access will need to be paved and maintained year-round. Snow removal is a significant concern with gated emergency access points. Apple Valley Administrator Opinion. The City Administrator of the City of Apple Valley, a City in which a Springs community has been developed, has emailed Staff and has indicated that the Springs at Apple Valley has been a good addition to the community. Police calls to the development have not been a
problem; there are five to six such calls a month, which is not excessive given the 280 units in the development. A report of police calls to the property dating from June 2016 to August 2017 was provided. Property maintenance has not been a problem.
Minnesota Department of Transportation (MNDOT) Review. MNDOT has reviewed the proposed development (review letter attached) and has the following comments:
• Hudson Blvd was turned back to the City, but if the road section were owned by MNDOT, a turn lane for the future road connection would be required. Please consider making the portion of
Hudson Blvd.
• Applicant should assess noise situation and take action deemed necessary to minimize impact of highway noise. Environmental Assessment Worksheet (EAW). Staff has confirmed with the Environmental Quality Board that an EAW would not be required for a housing development of this size. An EAW is only required when over 375 attached units are proposed within a city. Neighborhood Meetings. Prior to this public hearing, the applicant held two neighborhood meetings on August 2, 2017 and September 21, 2017. Staff did not attend these neighborhood meetings due to scheduling conflicts.
Planning Commission Review. The Planning Commission recommended that if the requested Comprehensive Plan Amendment was approved that the following conditions be added to the
Staff-recommended conditions:
10. That the Applicant assess the noise situation and take necessary action to minimize the
impact of any highway noise.
11. That screening along 5th Street be provided, exceeding City standards.
12. That the Parks Commission review a need for a totlot within the development.
13. That the buildings within the proposed PUD Concept Plan not exceed 32 feet in height
and include masonry features.
Recommended Findings. Staff recommended approval of the Concept PUD Plan based on the following findings: 1. That if the Lake Elmo Comprehensive Plan and Land Use Map is amended to re-guide the planned development from Urban Medium Density Residential to Urban High Density Residential, the PUD Concept Plan is consistent with the intent of the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
2. That the PUD Concept Plan complies with the general intent of the Urban High Density Residential zoning districts with PUD modifications.
3. That the PUD Concept Plan generally complies with the City’s Subdivision regulations.
4. That the PUD Concept Plan is generally consistent with the City’s engineering standards with
exceptions as noted in the City Engineer’s memorandum dated September 7, 2017.
5. The PUD Concept Plan meets the minimum requirement for a PUD including minimum lot area, open space and street layout. 6. The PUD Concept Plan meets more than one of the required PUD objectives identified in Section
154.751 including providing: innovation in land development techniques that may be more suitable for a given parcel than conventional approaches; provision of a more adequate, usable, and suitably located open space, recreational amenities and other public facilities than would otherwise be provided under conventional land development techniques;
accommodation of housing of all types with convenient access to employment opportunities and/or commercial facilities; and especially to create additional opportunities for senior and affordable housing; coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses; and
higher standards of site and building design than would otherwise be provided under
conventional land development technique. 7. The PUD Concept Plan meets the allowed density requirements provided the Comprehensive Plan’s Land Use Map is amended to re-guide the planned development from Urban Medium
Density Residential to Urban High Density Residential. Recommended Conditions of Approval. Staff recommended the following conditions*: 1. Approval of a Comprehensive Plan Amendment to amend the City’s Land Use Plan to re-guide a portion of the Property from Urban Medium Density Residential to Urban High Density Residential. 2. That the future preliminary plat and preliminary PUD Plans include a portion of the parcel with the PID# 34.029.21.43.0003. 3. That the future preliminary plat and preliminary PUD Plans submittal identify all requests for flexibility from the Zoning Code.
4. That all comments of the City Engineer’s Memorandum dated September 7, 2017 be addressed with the future preliminary plat and preliminary PUD Plans submittal. 5. That the Preliminary Plat and PUD Plans submittal include a landscape plan to be reviewed and
approved by the City’s Landscape Architect. 6. That the Preliminary Plat and PUD Plans submittal include accurate open space and impervious surface calculations.
7. That a trail be provided along the future road providing primary access to the development instead of a sidewalk. 8. That fees in lieu of park land dedication be provided as required by 153.14 with future final plat. 9. That the preliminary plat and preliminary PUD Plans submittal include a detailed architectural plan. *Please note that the attached Resolution includes amended conditions of approval as recommended by the Planning Commission. FISCAL IMPACT: There would be no fiscal impact to the City at this time, as the developer would be required to pay for any
amendments needed to accommodate the increase in REC units. Concept Plan approval does not afford the applicant development rights. When the property develops, it will have urban services and will pay sewer and water connection charges, building permit fees and the like.
OPTION: The Council may:
• Deny the proposed Comprehensive Plan Amendment and Concept PUD Plan with findings of fact
as drafted by Staff.
• Amend findings of fact as drafted by Staff in the Resolutions denying the proposed Comprehensive Plan Amendment and Concept PUD Plan and adopt Resolutions as amended.
• Approve the proposed Comprehensive Plan Amendment and Concept PUD Plan with findings of
fact and conditions as proposed by Staff.
• Amend the Staff-proposed findings of fact and conditions of approval the proposed Comprehensive Plan Amendment and Concept PUD Plan and approve with amended findings of fact and conditions of approval.
• Approve the proposed Comprehensive Plan Amendment and deny the proposed Concept PUD Plan.
• Send the requests back to the Planning Commission to request recommended findings for denial of
the Comprehensive Plan Amendment and Concept PUD Plan. RECOMMENDATION:
If it pleases the Council to deny an amendment of the Land Use Plan of the Comprehensive Plan, re-guiding a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential as requested by Continental 419 Fund LLC, Staff recommends the following motion: “Motion to adopt Resolution 2017-112 denying a Comprehensive Plan Amendment re-guiding a
portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High
Density Residential as requested by Continental 419 Fund LLC.” If it pleases the Council to approve an amendment of the Land Use Plan of the Comprehensive Plan, re-
guiding a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential as requested by Continental 419 Fund LLC subject to recommended conditions of approval, Staff recommends the following motion.
“Motion to adopt Resolution 2017-112 approving a Comprehensive Plan Amendment re-guiding a
portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential as requested by Continental 419 Fund LLC, subject to recommended conditions of approval.”
If it pleases the Council to deny the proposed Comprehensive Plan Amendment, the proposed PUD Concept Plan should also be denied, Staff recommends the following motion:
“Motion to adopt Resolution 2017-113 denying the PUD Concept Plan as requested by Continental 419 Fund LLC for PID# 34.029.21.43.0003 with recommended conditions of approval.” If it pleases the Council to approve the proposed PUD Concept Plan as requested by Continental 419 Fund LLC, Staff recommends the following motion:
“Motion to adopt Resolution 2017-113 approving the PUD Concept Plan as requested by Continental 419 Fund LLC for PID# 34.029.21.43.0003, subject to recommended conditions of approval.” ATTACHMENTS:
• Application materials
• Engineer review memo dated September 7, 2017
• MNDOT letter
• Meeting minutes from public hearing September 25, 2017
• Resolution 2017-112 denying the proposed Comprehensive Plan Amendment
• Resolution 2017-112 approving the proposed Comprehensive Plan Amendment
• Resolution 2017-113 denying the proposed Concept PUD Plan
• Resolution 2017-113 approving the proposed Concept PUD Plan
W134 N8675 Executive Parkway • Menomonee Falls, WI 53051‐3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522
Vision Statement
Springs Apartments are located within vibrant growing communities across the nation, with convenient
access to employment and near to prime shopping, dining, and entertainment venues.
Within the Minneapolis/St. Paul metro, the City of Lake Elmo offers all of the conveniences and civic
amenities that attract the demographic segments who prefer to rent rather than own their homes
including both young professionals and active adults 55 and up. Nationally, trends continue to show
that of new households created 59 percent are rental households (National Multi‐Housing Council,
2015).
Continental 419 Fund LLC ("Continental") proposes to develop a Class A, market‐rate apartment
community within the City of Lake Elmo, due to its reputation as a sought‐after community to live in and
its exceptional apartment fundamentals.
Springs buildings feature a townhouse design two stories in height with private, ground‐level entrances
to each unit. Many units provide attached, direct‐access garages and the community would offer a
limited number of detached garages. The apartment would be a mix of studio, 1‐bedroom, 2‐bedroom,
and 3‐bedroom units.
W134 N8675 Executive Parkway • Menomonee Falls, WI 53051‐3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522
The Springs community would feature a clubhouse measuring approximately 4,000 square feet in size. It
would include a large gathering room, fitness center, kitchen area, coffee bar, and office space for
Continental’s property management team. A pool and sun deck for the residents are provided behind
the clubhouse along with an outdoor BBQ area. The clubhouse and pool area are served by wireless
internet service.
The building elevations provide architectural interest with use of exterior accents, a large percentage of
windows, and high quality materials including fiber cement board siding and stone masonry. The
buildings create additional high architectural value with use of varied roof lines, and vertical and
horizontal articulation.
The typical interiors of the units include dark wood colored cabinets, stainless steel appliances, granite
countertops in all kitchens and wood laminate flooring. Select units will be upgraded to include
enhanced finishes, painted accent walls, granite countertops throughout, among other features.
Beyond resident amenities and high quality finishes, a sense of place is created for the community
through a thoughtfully designed site plan. Ample open space and landscaping, courtyards, and
pedestrian connectivity throughout foster neighbor interaction and contribute to place making. An
emphasis on building placement means that architecture is the focus. The development will be
enclosed and secured by perimeter fencing and automatic vehicular gates at the community entry.
W134 N8675 Executive Parkway • Menomonee Falls, WI 53051‐3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522
Comprehensive Plan Amendment & PUD
General Concept Plan Request
________________________________________________________________________________________________________
The proposed site for the Springs Apartment community in Lake Elmo is generally located at the west of
Keats Avenue on the south side of 5th Street, as shown on the enclosed site plan. Continental 419 Fund
LLC ("Continental") proposes an up‐scale, market‐rate apartment community on the 21.6 acre site.
Continental’s proposed apartment community includes 300 units
within 15 residential buildings. The buildings will offer a townhouse
design featuring two stories with private, ground‐level entrances to
each unit. Residents will have a choice between attached, direct‐
access garages, detached garages and ample surface parking to best
fit their needs. There will be a mix of studio, 1‐bedroom, 2‐bedroom,
and 3‐bedroom units, as broken down in the chart to the right.
A Comprehensive Plan ‐ Planned Land Use Map amendment from Urban Medium Density/Commercial
to Urban High Density as well as a rezoning from Rural Development Transitional (RT) to Urban High
Density Planned Unit Development (HDR‐PUD), are both being requested as part of Continental’s
proposal.
The current Planned Land Use designation of
Urban Medium Density on the majority of the
property allows for residential densities up to 7
units per acre; with greater densities allowed
through the PUD process. This category allows
for a variety of housing types including up to
three‐story apartment buildings. A small
portion of the property fronting Hudson Blvd. is
currently designated Commercial, which allows
for residential uses as part of a mixed use
development. The requested change to Urban
High Density allows for residential densities
from 7.5 to 15 units per acre. Continental’s
request proposes two‐story buildings at a
density of 13.89 du/acre.
The Springs location is in accordance with Lake Elmo’s comprehensive planning goal to locate high
intensity uses along the I‐94 corridor, preserving the otherwise rural character of the City. The proposed
multifamily apartment development serves as a natural transition between the lower density residential
to the north of the property and future commercial uses to the south. The proposed development will
provide a residential density that will “maintain and protect the city’s natural resources”, becasue the
land is better suited for development rather than conservation along the Interstate Highway 94 (“I‐94”)
W134 N8675 Executive Parkway • Menomonee Falls, WI 53051‐3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522
Corridor. The proposed density will provide a strong, up‐scale residential base that will support
commercial development along the I‐94 corridor, ensuring s synergy and vibrancy that attracts high
quality businesses.
The existing RT district zoning is an interim holding zone. Rezoning to HDR is required for the proposed
density and a PUD is necessary to have more than one principal building per parcel of land. Continental’s
proposal will meet or exceed the criteria of the base HDR zoning district. Additionally, the Springs will be
a high quality apartment community that is compatible in architecture and scale to the adjacent homes.
Continental would like the opportunity to provide a unique, upscale rental housing option in this very
fitting location to support the City's growth.
PAGE 1 of 3
MEMORANDUM
Date: September 7, 2017
To: Emily Becker, Planner Director Re: Springs Apartments (Continental Properties)
Cc: Chad Isakson, Assistant City Engineer Concept Site Plan Review
From: Jack Griffin, P.E., City Engineer
We have received a Concept Site Plan for a proposed Springs Apartments. The Concept Site Plan submittal
consisted of the following documentation received on August 25, 2017:
Comprehensive Plan Amendment & PUD General Concept Plan Request, dated August 18, 2017.
Concept Site Plan dated July 7, 2017, prepared by Continental Properties.
Boundary Exhibit dated August 15, 2017, prepared by Sambatek.
Engineering has the following review comments:
STREETS AND TRANSPORTATION
5th Street North Right‐of‐Way Dedication. The existing collector street to the north of the site (5th Street
North) was constructed by Lennar within a permanent roadway easement. This easement area must be
dedicated to the City as public right‐of‐way as part of this development. Per the City design standards for
5th Street, a 10 ft. utility easement corridor along the south side of the 5th Street right‐of‐way must also
be reserved for small utilities.
Hudson Boulevard Right‐of‐Way Dedication. Additional right‐of‐way must be dedicated to the City along
Hudson Blvd. A Hudson Blvd typical section needs to be developed by the City to determine the necessary
right‐of‐way width to be dedicated. In addition a 10 ft. utility easement corridor along the north side of
Hudson Blvd. must be reserved for small utilities.
Site Access. The concept plan proposes the construction of a new commercial street connecting Hudson
Boulevard and 5th Street North with the proposed apartment property accessing the new street. This is
the preferred street and access configuration for the City, rather than creating new access locations along
Hudson Blvd or along 5th Street North.
New Commercial Street Alignment. A new commercial type street is consistent with the City’s planning
efforts and the proposed street is shown in the approximate location as planned. However there are
existing sanitary sewer and watermain utilities located in the corridor. The design for this new commercial
street must therefore take into account the existing location of these utilities and must be consistent with
City right‐of‐way and boulevard design standards.
New Commercial Street Typical Section. The concept plan shows a 30 ft. wide street located in an 80 ft.
R/W with a 5 ft. sidewalk located along the east side. The typical section for this street needs to be
determined by the City and may require revisions for a wider street and/or right‐of‐way. In addition, per
City design standards, 10 ft. utility easements must be provided along each side of the new R/W.
Turn Lanes Required. An eastbound right turn lane and westbound left turn lane have been constructed
along 5th Street North in preparation of the proposed commercial street. However, an eastbound left
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4285
PAGE 2 of 3
turn lane and westbound right turn lane must be constructed along Hudson Blvd as part of the proposed
commercial street intersection with Hudson Blvd.
Adjacent Property Access. A secondary access has been shown for the adjacent property to the southeast.
Further review of this access will be needed during the preliminary planning.
Emergency Access. An unpaved emergency access to 5th Street North has been shown. This access should
be paved within the City R/W. Further review for the need/design of this access will be needed during the
preliminary planning.
Perimeter Fence. A perimeter decorative fence is shown around most of the proposed site. The fence
locations should be revised, where necessary, to preserve the City standard 10 ft. utility easement
corridors.
Intersection Improvements at Junco Road. It is recommended that provisions be included to complete
improvements to the intersection of 5th Street North and Junco Road as part of this project. This road was
intended to continue through with future development. The concept plan shows Junco Rd. terminating at
5th Street. Due to this change, minor design and construction revisions will be required at the intersection
including the construction of a 5th Street crosswalk with pedestrian ramps and trail connection to connect
the sidewalk on Junco Road to the south side trail along 5th Street North.
Trail Connectivity. The City should review the site plan to determine trail connection requirements along
Hudson Boulevard and the proposed commercial street. It is recommended that provisions be included to
construct a crosswalk with pedestrian ramps across 5th Street North, and connecting trail segment, to
connect the Savona trail from the park to the sidewalk/trail for the new commercial street.
Private Streets. The streets interior to the development are proposed to remain privately owned and
maintained. Interior street design may require revisions to provide adequate fire lanes and safety access.
Traffic Impact Study should be completed and submitted as part of the preliminary plat application to
determine the timing and extent of improvements required for the CSAH 19 and 5th Street intersection,
and CSAH 19 and Hudson Boulevard intersection; including but not limited to turn lanes and traffic
signals. A financial contribution to CSAH 19/Hudson Blvd traffic signal should be considered.
MUNICIPAL SANITARY SEWER
The proposed site is guided in the City’s Comprehensive Plan for Phase I of the Regional Sewer Staging
Plan and would discharge to the MCES WONE Interceptor (Woodbury, Oakdale, Northdale and East
Oakdale). Sanitary sewer service is therefore readily available to the site.
The applicant will be responsible to connect to the City sanitary sewer system and extend sanitary sewer
into the property at applicant’s sole cost. In addition the applicant will be required to stub sanitary sewer
mains to adjacent properties (the southeasterly parcel) so that these parcels maintain sewer access.
The concept plan does not show how sanitary sewer service will be provided. However the applicant has
been in contact with staff to understand the sanitary sewer system connection points, capacity and
limitations. The subject parcel was projected to contain approximately 145 REC units. The development is
proposing 300 REC units.
To account for the additional REC units the applicant will be required to connect to the existing 10‐inch
sanitary sewer line that extends north from Hudson Boulevard along the alignment of the proposed
commercial street. This could be accomplished either internally as part of the site work or by replacing
approximately 250 feet of 8‐inch sanitary sewer with 10‐inch sanitary sewer.
Existing Utility Easements. The existing sanitary sewer utility easements along Hudson Boulevard and the
new commercial street corridor must be shown with the preliminary plan submittal and plan revisions
must be made to avoid encroachments/conflicts with these easements.
Any main sewer lines placed within the development will require minimum 30‐foot easements centered
over the pipe (or wider dependent upon the sewer depths) dedicated to the City and in the form of the
City’s Utility Easement Agreement.
PAGE 3 of 3
MUNICIPAL WATER SUPPLY
The concept plan does not address water supply. However, the applicant will be responsible to extend
municipal water into the development at its cost and will be required to construct a looped watermain
network internal to the site and with a second City watermain connection point.
It is assumed that the property will be served by the City’s high pressure zone. The watermain is available
to be extended to the property from the existing high pressure zone 8‐inch watermain along 5th Street
North into the site. A second watermain connection should be constructed to the existing high pressure
zone 12‐inch watermain along the proposed commercial street (presumably near the proposed apartment
complex main entrance).
The applicant will be required to provide watermain stub(s) to the adjacent property to the south. The
stub locations would be determined during preliminary planning.
The existing water system has sufficient capacity for domestic service for the proposed 300 REC units.
System capacity is likely adequate for fire suppression as well. However, during preliminary planning the
applicant must provide fire flow demands for each building so that staff may verify adequate fire
suppression capacity.
No watermain pipe oversizing is anticipated at this time. Further review will be completed as the
application moves forward through the process.
The applicant will be responsible to place hydrants throughout the property at the direction of the Fire
Department. All fire hydrants shall be owned and maintained by the City.
Any watermain lines and hydrants placed within the development will require minimum 30‐foot
easements centered over the pipe. Easements must be dedicated to the City and be provided in the City’s
standard form of easement agreement.
STORMWATER MANAGEMENT
Stormwater facilities shall be in accordance with the requirements listed in the City of Lake Elmo
Engineering Design Standards, in addition to the requirements of the Valley Branch Watershed District
(VBWD). A VBWD permit will be required.
Stormwater facilities will likely need to include both storm water ponds (detention) and infiltration basins.
No infiltration basins have been shown on the concept plan. The 100‐year high water flood level (HWL)
for each basin must be fully contained within private property.
The storm water facilities constructed for this development should remain privately owned and
maintained. The applicant will be required to execute and record a Stormwater Maintenance and
Easement Agreement in the City’s standard form of agreement.
Even as privately owned and maintain facilities, maintenance access roads meeting the City engineering
design standards should be provided for all storm water facilities.
Metropolitan District
1500 County Road B2 West
Roseville, MN 55113
An equal opportunity employer
September 19, 2017
Steven Wensman
Planning Director, City of Lake Elmo
3800 Laverne Avenue N.
Lake Elmo, MN 55042
SUBJECT: CPA17-006 Springs Apartments
NE Quad of Keats Avenue and I-94
Lake Elmo, Washington County
Control Section 8282
Dear Mr. Wensman:
Thank you for the opportunity to review the proposed comprehensive plan amendment for the Springs
apartments development. MnDOT’s staff has reviewed the document and has the following comments:
Traffic
This section of Hudson Blvd has been turned back to the City. If the road section were owned by
MnDOT a turn lane for the future road connection would be required. Please consider making the portion
of Hudson Blvd consistent with the rest Hudson Rd.
For questions regarding these comments please contact Kaare Festvog at 651-234-7814 or
kaare.festvog@state.mn.us.
Noise Control:
MnDOT’s policy is to assist local governments in promoting compatibility between land use and
highways. Residential uses located adjacent to highways often result in complaints about traffic
noise. Traffic noise from this highway could exceed noise standards established by the Minnesota
Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the
U.S. Department of Transportation.
Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to
prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment
of the land use would result in violations of established noise standards.
MnDOT’s policy regarding development adjacent to existing highways prohibits the expenditure of
highway funds for noise mitigation measures in such areas. The project proposer should assess the noise
situation and take the action deemed necessary to minimize the impact of any highway noise.
If you have any questions regarding MnDOT’s noise policy please contact Natalie Ries in our Noise/Air
Quality section at (651) 234-7681.
Permit Required
Any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available
from MnDOT’s utility website at http://www.dot.state.mn.us/metro/maintenance/permits.html
Please include one to one set of plans formatted to 11X17 with each permit application. Please
submit/send all permit applications and 11X17plan sets to: metropermitapps.dot@state.mn.us.
Please direct any questions regarding permit requirements to Buck Craig (651-234-7911) of MnDOT’s
Metro Permits Section.
Review Submittal Options:
MnDOT’s goal is to complete the review of plans within 30 days. Submittals sent electronically can usually
be turned around faster. There are four submittal options:
1. One (1) electronic pdf version of the plans. MnDOT accept plans at
metrodevreviews.dot@state.mn.us provided that each e-mail is less than 20 megabytes.
2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite
the review process. Send plans to:
MnDOT – Metro District Planning Section
Development Reviews Coordinator
1500 West County Road B-2
Roseville, MN 55113
3. One (1) compact disk.
4. Plans can also be submitted to MnDOT’s External FTP Site at:
ftp://ftp2.dot.state.mn.us/pub/incoming/MetroWatersEdge/Planning. Internet Explorer may not
work using FTP so use an FTP Client or your Windows Explorer (My Computer). Notify
metrodevreviews.dot@state.mn.us indicating the plans have been submitted on the FTP site.
If you have any questions concerning this review, please contact me at 651-234-7784.
Sincerely,
Karen Scheffing
MnDOT Principal Planner
Copy sent via E-Mail:
Buck Craig, Permits
Nancy Jacobson, Design
Bryce Fossand, Water Resources
Matt Aguirre, Right-of-Way
Russ Owen, Metropolitan Council
Kaare Festvog, Traffic
Ryan Coddington, Area Engineer
Natalie Ries, Noise/Air
Lake Elmo Planning Commission Minutes; 9-25-17
City of Lake Elmo
Planning Commission Meeting
Minutes of September 25, 2017
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer, Lundquist, Hartley, Dodson, Emerson, Johnson, &
Dorschner
COMMISSIONERS ABSENT: Williams & Larson
STAFF PRESENT: City Planner Becker & City Administrator Handt
Approve Agenda:
M/S/P: Lundquist/Hartley, move to accept the agenda as presented, Vote: 7-0, motion
carried unanimously.
Approve Minutes: September 11, 2017
M/S/P: Dodson/Hartley, move to approve the September 11, 2017 minutes as amended,
Vote: 7-0, motion carried unanimously.
Public Hearing Item – Comprehensive Plan Amendment and Planned Unit
Development (PUD) Concept Plan.
Becker started her presentation regarding the request for a Comprehensive Plan
Amendment to re-guide a portion of PID # 34.029.21.43.0003 from Urban Medium
Density Residential to Urban High Density Residential along with a General Planned Unit
Development (PUD) Concept Plan for a 300 unit multi-family development on a 21.60
acre parcel to be called Springs Apartments.
The Concept proposed has 15 buildings with 20 units each. There are 4 detached
garages, 542 parking spaces, and a clubhouse and pool area. The development is
proposed to be a fenced in community with controlled access. The apartments are
proposed to be town house style, two stories in height with a ground level entrance to
each unit. This development is proposed to have a density of 13.89 units per acre. The
property is currently guided Medium Density Residential which allows for 4.5-7 units per
acre. While the land use guidance is not currently appropriate for the proposed
development, there are a number of statements in the Comprehensive Plan’s City Wide
2
Lake Elmo Planning Commission Minutes; 9-25-17
Planning Policy that indicate the city should provide a variety of housing options
available to moderate income families as well as options for senior housing. The met
Council reported that there currently is only 204 rental units within the City. The system
statement indicated that there is a need for 508 more units of affordable households in
Lake Elmo. This development could satisfy a need for both rental units and add a variety
of housing options for the community.
This development is a Planned Unit Development to provide flexibility in the use of land
and placement and size of the buildings in order to utilize the site features and obtain a
higher quality development. They require a planned unit development as they are
proposing more than one principal building on a lot and requesting larger than 1,000
foot garage. To be a Planned Unit Development, the applicant must meet the objectives
outlined in code. Staff feels that the applicant meets a number of the objectives. This
proposal meets the minimum requirements for a PUD for land area, open space and
street layout. There are also a number of proposed amenities such as the underground
parking, clubhouse, pool, etc. The City could also require additional amenities.
This development was reviewed against HDR standards, as that is the zoning that would
be necessary to move forward. The developer is not proposing a park, but this
development has not gone to Parks Commission yet. The developer currently shows a
sidewalk, but the comprehensive trail plan calls for a trail. That would be a condition of
approval. The Savona Park is within walking distance, so staff would not recommend an
additional park in this development.
There were a number of engineering comments such as turn lanes would need to be
installed at proposed Hudson Blvd and Junco intersection, connecting trail segment to
Savona Park, consider a financial contribution to Keats/Hudson traffic light.
Becker went through the recommended conditions which include Comp Plan
Amendment be approved, City Engineer Memo addressed, identify all deviations,
landscape plan reviewed and approved, etc.
There were a number of concerns received prior to the public hearing notice which
included 1) proposed density is almost double what is guided 2) didn’t know they would
be living next to apartments 3) increased use of 5th Street 4) apartments could attract
young people – problems with that 5) fear of section 8 6) increased foot traffic 7)
expression of support – good solid developer.
For the Comprehensive Plan amendment, recommended conditions of approval are 1)
that the Comprehensive Plan Amendment be submitted to the Met Council and that
review be completed and approved and 2) that the applicant obtain Preliminary Plat
approval from the City for the proposed development based on the proposed Concept
Plan.
3
Lake Elmo Planning Commission Minutes; 9-25-17
Dodson asked why the PUD is necessary if it is reguided to HDR. Becker stated that the
reason this development would need to be a PUD is because they are proposing more
than 1 building on 1 parcel. Dodson asked if a building height has been determined yet.
Becker stated that it has not been given with the Concept plan, but she believes in this
zoning district it is limited to 35 feet. Dodson asked if this property was purchased and
if they have, why would they not know the parkland dedication. Becker does not
believe it has been purchased yet.
Hartley asked about the future road to the West. Becker stated that it would be
constructed with this development. That would give the access to this development and
would connect 5th Street and Hudson Blvd.
Emerson asked what the parcel to the West is guided for. Becker stated it is currently
guided the same as this parcel. Top half is Medium Density Residential and bottom half
is commercial.
Dorschner asked if the Comprehensive Plan goes through, how do they guarantee that
this applicant is the one that will use the property. Becker stated that a recommended
condition of the Comprehensive Plan Amendment is that the City approve a preliminary
plat submitted by Continental 419 Fund, LLC based on this concept plan. If this Concept
plan does not get preliminary plat approval, the Comprehensive Plan Amendment does
not move forward.
Gwynn Wheeler, Continental Properties, stated that they have in-house management
staff. She stated that they are attracted to Lake Elmo and this property because it has
good access and will appeal to the people that they will market to. They looked at the
other sites in Lake Elmo that are guided high density and they ruled those sites out. This
is the best site for them based on their research. Wheeler presented features of
development including what the clubhouse and apartments would look like. Wheeler
showed some renderings of what the view from Savona would look like. Wheeler talked
about the lighting for the development. She stated that they are fully aware of the City
lighting criteria. The average rent of an apartment at the Springs is $1,491.00 which is
close to a monthly mortgage payment.
Hartley asked about the noise control brought up by the DOT. Wheeler stated that they
feel the distance from the freeway will ensure that noise will not be a factor.
Dodson asked if there was a response to the Fire Chief’s comment about the emergency
access being paved. He is also wondering why Junco Road is not continued down into
the development as another access point. Wheeler stated that they did not meet
directly with the Fire Chief. She stated that it was their intention to have it unpaved as a
further deterrent that it is not a resident access point. Dodson is also wondering why
the pool is not more centrally located. Wheeler stated that it needs to be by the
clubhouse which is best located at the front of the development for access control.
4
Lake Elmo Planning Commission Minutes; 9-25-17
Dorschner stated that one of the challenges in Lake Elmo is affordable housing and this
would not meet that criteria. He is wondering if there is any interest in making any of
the units affordable housing. Wheeler stated that all of the Springs is market rate and
affordable housing is not in their business model. Wheeler stated that the other sites
that are already zoned high density are not currently available. One is already under
contract and the other has no sanitary sewer available.
Public Hearing opened at 8:12 pm
Tucker Pearce, 9811 7th Street, for perspective, Savona has 310 units on 112 acres vs.
300 units on 21 acres. When residents purchased homes in Savona they did their
research to make sure this land wasn’t guided UHD, commercial or business park. He is
asking that the City stick to the Comprehensive Plan and deny the request.
Chris Peltier, 9586 Junco Road, he is concerned about the financial impact of being
located basically across the street from a 300 unit apartment building.
Ryan Atkin, 9539 Junco Rd, he is concerned about the selective data sharing by
Continental to generate acceptance of this proposal. The majority of Savona neighbors
oppose this development. Atkin feels the rentals are incompatible with the Savona
neighborhood and there is not an adequate buffer.
Michael Kobe, 9616 Junco Road, he feels that the property is correctly zoned as Urban
Medium density as there should be a buffer from single family homes and Urban High
density and commercial. Kobe stated that home values would decrease by 15% because
of proximity. Lake Elmo is on track to hit the required numbers without this
development going in. There is a reason this requires a 4/5 vote of the City Council
because the effects of this are significant.
Stefany Lorang, 9918 7th Street, when they built their home, they did their research and
looked at the Comprehensive Plan to see what could be built around them. This
property is guided for Medium Density. The proposed plan is for High Density and at
the high range which is nearly double what it is currently guided. She is concerned
about the increased traffic as traffic projections was based on the UMD density. She is
concerned about the lack of buffer, light pollution, and undesirable aesthetic of 15
identical buildings. Lorang submitted a petition signed by 48 residents.
Michael Brixius, 9594 Junco Rd, lived in one of the properties owned by Continental.
Some things that were not talked about was all of the moving trucks with people moving
in and out. With the “pet friendly” environment comes stray cats and excess garbage.
Kyle Heller, 9684 7th Street, agrees with former speakers. Savona is a close knit
neighborhood and they are a connected part of the community. The recent article
5
Lake Elmo Planning Commission Minutes; 9-25-17
talked about Lake Elmo being the fastest growing community. Is this necessary and can
we slow down? The City is on track to meet their numbers, so moving quickly is not
necessary. Heller feels that the long range planning is important and the City should
stick to the vision that has been set forth from the long range planning.
Email from Jacob Hafdahl, stating that they didn’t buy in Savona thinking that they
would be living adjacent to High Density Residential. Moved to Lake Elmo because of
issues they had where they lived with adjacent High Density.
Email from Todd Williams, Planning Commission Member, does not have a problem with
development, but would like to see affordable housing included in the proposal.
Letter from Eric Piekarski in support and stated that it would be a complementary
addition to Lake Elmo.
Paul Rstvedt, 528 Juniper Ct N, agrees with everyone who spoke before him. He is
concerned with the number of people that would be moving in. That is a lot of people
in a small area.
Public Hearing closed at 8:45 pm
Dorschner thinks that if this is done with a PUD, the City has a lot more control over
what goes in vs if it is left medium density residential. He thinks it is a good product, but
with all of the input he has heard tonight, he hesitates to support it.
Lundquist is for the apartments, because there is nothing like that in Lake Elmo. She is
not in favor of it going on this property however.
Dodson feels that if people are relying on the Comprehensive Plan when purchasing
property, that should be taken into consideration. He likes the development, but feels
there might be a better location for it.
Johnson thinks that along 94, there will be some sort of mix of this type of product. This
use would be allowed on that property, just not at the density proposed. If not this
development, than what would it be?
Dorschner would rather have high end apartments at a higher density, than lower end
apartments at a lower density.
Emerson went out to site and feels that the high end apartments at a higher density
would be better than low end apartments with a lower density. He doesn’t think there
is a different spot in Lake Elmo that could accommodate this plan.
6
Lake Elmo Planning Commission Minutes; 9-25-17
Hartley feels that the Comprehensive Plan is a public document that people have relied
on. He feels this is a case of balancing the rights of existing residents with the rights of
the property owner to develop.
Dodson stated the right of the property owner to develop is according to how the
Comprehensive Plan is set.
Kreimer helped plan the I-94 Corridor and they set out to have a good transition from
low density and transitioning to higher density and commercial as it gets closer to 94.
He does not like that it is jumping to high density here. However, the plan feels more
like a medium density because of the lower buildings and it is a nice plan. He is not
comfortable with it being at the top of the high density. It is difficult, but until
something is built, things can change. Kreimer is not sure he can support this plan as is,
but could get there with changes.
M/S/P: Dodson/Dorschner, move to add condition #10 that the buildings be built to add
sound abatement materials, Vote: 7-0, motion carried unanimously.
Hartley asked what the highest density of Medium density is. Becker stated it is 7 units
per acre, and this could be increased to 8.4 units per acre with a PUD.
M/S/P: Kreimer/Emerson, move to add condition #11 that extensive screening be added
above and beyond City requirements along 5th Street, Vote: 7-0, motion carried
unanimously.
M/S/P: Kreimer/Lundquist, move to add condition #12 that Park Commission input be
given regarding a tot lot, Vote: 7-0, motion carried unanimously.
M/S/P: Dorschner/Lundquist, move to add condition #13 to limit the height of the
building to 2 stories not to exceed 32 feet, Vote: 7-0, motion carried unanimously.
M/S/P: Dodson/Dorschner, move to recommend denial of a Comprehensive Plan
Amendment re-guiding a portion of PID # 34.029.21.43.0003 from Urban Medium
Density Residential to Urban High Density Residential as requested by Continental 419
Fund LLC subject to recommended conditions of approval, Vote: 7-0, motion carried
unanimously.
M/S/P: Dorschner/Dodson, move that if the City Council approves the Comprehensive
Plan Amendment, that they follow the Planning Commission recommendations on
conditions of approval for the Concept PUD Plan as amended, Vote: 7-0, motion carried
unanimously.
Public Hearing Item – Variance request for 8130 Hill Trail N.
7
Lake Elmo Planning Commission Minutes; 9-25-17
Becker started her presentation regarding the request for 8130 Hill Trail North to allow
installation of a new septic system which does not meet setback standards and
expansion of a non-conforming structure within the Shoreland district. The existing
drainfield has been there since 1981. The proposed drainfield is much more conforming
to existing standards than the existing.
The type of septic system being proposed is a Multi-Flo system. There is an aerobic tank
which filters over 95% of contaminants before entering the drainfield. It is required to
be serviced 2 times a year with reports being sent.
The application was sent to Washington Public Health and the DNR for review and no
comments were received back.
The applicant is replacing the existing septic to expand their existing home which is
mostly in the required setback from OHWL. With all of the proposed improvements, the
impervious is decreasing from 27% to 25%.
Soil borings taken by septic designer determined that there is no other acceptable place
to put the septic. The applicant is trying not to increase the non-conformity of the
property.
There are 2 recommended conditions of approval for the septic variance 1) the sewage
system should be serviced and inspected every 2 years and 2) The existing tanks shall be
abandoned, pumped and filled with soil and a tank abandonment report shall be
completed.
There are 2 recommended conditions of approval for the expansion of a Non-
conforming structure 1) the applicant remove the existing gravel driveway and re-sod
the proposed site plan and 2) the maximum allowable impervious surface coverage on
the property shall not exceed the proposed 25%.
Hartley asked if there was any information from an independent engineering company.
Becker stated that there is no information from an independent engineering company
and they have not heard from Washington County.
Peter Pavek, 8130 Hill Trail, stated this is an improvement to what is already there.
Chris LeClaire was on-site when the soil borings were done and it was determined this
was the appropriate site for the septic.
Public Hearing opened at 10:00 pm
Dean Dwarak, 8114 Hill Trail, is in support of the variance as it is an improvement to the
septic system as well as the house. These improvements will increase property values
for the neighborhood.
8
Lake Elmo Planning Commission Minutes; 9-25-17
Edward Gwiazdon, 8164 Hill Trail, they are in full support of the variance to improve the
property and keep the lake safer.
There were 2 emails received in support of the variance.
Public Hearing closed at 10:04 pm
M/S/P: Hartley/Dorschner, move to add a condition that a Washington County septic
permit be obtained, Vote: 7-0, motion carried unanimously.
M/S/P: Lundquist/Johnson, move to recommend approval of the request from Peter and
Adrienne Pavek for a variance from the required setbacks for a septic system from
property lines, shoreland bluff line, Ordinary High Water Level and non-occupied
structure, subject to recommended conditions of approval as amended, Vote: 7-0,
motion carried unanimously.
M/S/P: Dorschner/Lundquist, move to recommend approval of the request from Peter
and Adrienne Pavek for a variance to allow expansion of a non-conforming structure not
meeting the required setback from the Ordinary High Water Level or minimum lot size
required within the Rural Single Family zoning district, subject to recommended
conditions of approval, Vote: 7-0, motion carried unanimously.
Public Hearing Item – Variance request for 8323 Deer Pond Trail N.
Becker started her presentation of a request from Ben Ostarello for a variance from the
minimum front setback standards for the Rural Single Family zoning district in order to
add an additional stall to an existing attached garage on the property at 8323 Deer Pond
Trail.
The house was built in 1973 and is constructed at an angle which makes adding on
difficult. The character of the locality is not affected.
Ben Ostarello, 8323 Deer Pond Tr, they have 2 small children and need the space to
expand. He feels this variance will increase the value of his home.
Public Hearing opened at 10:22 pm
2 letters were received both in favor of the variance.
Public Hearing closed at 10:22 pm
M/S/P: Lundquist/Hartley, move to recommend approval of the request from Ben
Ostarello for a variance from the City’s Rural Single Family minimum front yard setback
9
Lake Elmo Planning Commission Minutes; 9-25-17
requirements for the property located at 8323 Deer Pond Trail N, Vote: 7-0, motion
carried unanimously.
City Council Updates – September 19, 2017 Meeting
i) Royal Golf Development Agreement – passed
ii) Northport Development Agreement – passed
iii) Hidden Meadows Final Plat Extension Denial- passed
Staff Updates
1. Upcoming Meetings
a. October 11, 2017
b. October 23, 2017
2. MAC CEP Report
Commission Concerns
Hartley found it a little disturbing that the developer was conducting neighborhood
meetings. It is concerning that the minutes are prepared and presented by the
developer. He had zero confidence in them.
Lundquist stated that they have a right to submit whatever they choose and it is up to
the Planning Commission to be discerning when they read the information.
Kreimer stated that they have no way of knowing who attended the meetings. There
could have been a different group of people that were in favor that didn’t come to the
Planning Commission meeting.
Meeting adjourned at 10:27 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
City Council Resolution 2017-
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2017-112 A RESOLUTION DENYING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION FROM URBAN MEDIUM DENSITY RESIDENTIAL TO URBAN
HIGH DENSITY RESIDENTIAL FOR A PORTION OF PID# 34.029.21.43.0003
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, Continental 419 Fund LLC, W134 N8675 Executive Parkway, Menomonee
Falls, WI 53051 (the “Applicant”) has submitted an application to the City to amend the
Comprehensive Plan, a copy of which is on file in the City Planning Department; and WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant along with a Planned Unit Development Concept Plan for a proposed multi-family development
located on a portion of PID# 34.029.21.43.0003 as shown on the attached Boundary Exhibit dated
August 15, 2017, and WHEREAS, the Planning Commission held a public hearing on September 25, 2017 to consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend denial to the City Council on the Applicant’s requests; and WHEREAS, the City Council reviewed the Planning Commission and public comments
regarding the Applicant’s requests at its meeting on October 17, 2017; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and believes that it is not consistent with the spirit and intent of the Comprehensive Plan. NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following findings of fact: FINDINGS.
1. That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
City Council Resolution 2017-
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Urban High
Density Residential and decreased acreage of Urban Medium Density Residential.
b. Updating Map 3-3 – the planned land use map to re-guide the land use from Urban
Medium Density Residential to Urban High Density Residential.
3. That the proposed amendments will negatively affect surrounding properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City
Council hereby denies the request by Continental 419 Fund, LLC to amend the City of Lake Elmo Comprehensive Plan by re-guiding a portion of PID# 34.029.21.43.0003 as shown on the attached Boundary Exhibit dated August 15, 2017 from Urban Medium Density Residential to Urban High Density Residential.
Passed and duly adopted this 17th day of October 2017, by the City Council of the City of Lake Elmo, Minnesota.
______________________________
Mike Pearson, Mayor ATTEST:
_____________________________ Julie Johnson, City Clerk
City Council Resolution 2017-___ 493203v1 SJS LA515-23
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2017-112 A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION FROM URBAN MEDIUM DENSITY RESIDENTIAL TO URBAN
HIGH DENSITY RESIDENTIAL FOR A PORTION OF PID# 34.02.21.43.0003 AND TO AUTHORIZE STAFF TO SUBMIT A COMPREHENSIVE PLAN AMENDMENT FOR SAME TO THE METROPOLITAN COUNCIL
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and
WHEREAS, Continental 419 Fund LLC, W134 N8675 Executive Parkway, Menomonee Falls, WI 53051 (the “Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a copy of which is on file in the City Planning Department; and
WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant
along with a Planned Unit Development Concept Plan for a proposed multi-family development located on a portion of PID# 34.02.21.43.0003 as shown on the attached Boundary Exhibit dated August 15, 2017, and
WHEREAS, the Planning Commission held a public hearing on September 25, 2017 to
consider the Applicant’s requests; and WHEREAS, the Planning Commission adopted a motion to recommend denial to the City Council on the Applicant’s requests; and
WHEREAS, the City Council reviewed the Planning Commission and public comments regarding the Applicant’s requests at its meeting on October 17, 2017; and WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it is consistent with the spirit and intent of the Comprehensive Plan and beneficial by
providing a housing option not currently available in the community and will attract higher quality businesses to the areas guided for commercial land use to the south of the development. NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following findings of fact:
FINDINGS
City Council Resolution 2017-___ 493203v1 SJS LA515-23
1. That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Urban High
Density Residential and decreased acreage of Urban Medium Density Residential.
b. Updating Map 3-3 – the planned land use map to re-guide the land use from Urban
Medium Density Residential to Urban High Density Residential.
3. That the proposed amendments are consistent with the overall goals and objectives of
the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings of fact, the Lake Elmo City Council hereby approves the Applicant’s request to amend the Comprehensive
Plan as follows:
a. Updating Table 3-B on page III-11 to reflect proposed increased acreage of Urban High
Density Residential and decreased acreage of Urban Medium Density Residential.
b. Updating Map 3-3 – the planned land use map to show the proposed development area as
guided for Urban High Density Residential.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby authorizes and directs staff to submit a Comprehensive Plan amendment consistent
herewith to the Metropolitan Council for review and approval, contingent upon the City’s preliminary approval of the plat based on the Concept Planned Unit Development Plan as proposed by the Applicant. Passed and duly adopted this 17th day of October 2017, by the City Council of the City of Lake
Elmo, Minnesota. ______________________________ Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk
1 Resolution 2017-__
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2017-113
RESOLUTION DENYING THE CONCEPT PLANNED UNIT DEVELOPMENT PLAN AS PROPOSED BY CONTINENTAL 419 FUND, LLC FOR A PORTION OF PID# 34.029.21.43.0003
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Continental 419 Fund LLC, W134 N8675 Executive Parkway, Menomonee
Falls, WI 53051 (the “Applicant”) has submitted an application to the City of Lake Elmo (City)
for a Concept PUD Plan for a 300 multiple family residential planned unit development on a 21.6 acre portion of PID# 34.029.21.43.0003, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on September 25, 2017 to consider the Concept PUD approval request; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending denial of the Concept PUD Plan, based on a recommended denial of a proposed Comprehensive Plan Amendment to re-guide a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Concept PUD as part of a memorandum to the City Council from the Planning Director for the October 17, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the application at its meeting held on October 17, 2017 and made the following findings of fact: 1. That the PUD Concept Plan is not consistent with the intent of the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
2. That the City has denied a proposed Comprehensive Plan Amendment to re-guide a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential.
3. That the PUD Concept Plan generally complies with the City’s Subdivision regulations.
4. That the PUD Concept Plan is generally consistent with the City’s engineering standards with exceptions as noted in the City Engineer’s memorandum dated September 7, 2017.
2 Resolution 2017-__
5. The PUD Concept Plan meets the minimum requirement for a PUD including minimum
lot area, open space and street layout.
6. The PUD Concept Plan meets more than one of the required PUD objectives identified in Section 154.751 including providing: innovation in land development techniques that may be more suitable for a given parcel than conventional approaches; provision of a more
adequate, usable, and suitably located open space, recreational amenities and other public
facilities than would otherwise be provided under conventional land development techniques; accommodation of housing of all types with convenient access to employment opportunities and/or commercial facilities; and especially to create additional opportunities for senior and affordable housing; coordination of architectural styles and building forms
to achieve greater compatibility within the development and surrounding land uses; and
higher standards of site and building design than would otherwise be provided under conventional land development technique. 7. That the PUD Concept Plan does not comply with the general intent of the Urban Medium Density Residential zoning district for which the property is guided.
8. That the PUD Concept Plan does not meet the density requirements of the Urban Medium
Density Residential land use guidance. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby deny the Concept PUD Plans as proposed by Continental 419 Fund, LLC.
Passed and duly adopted this 17th day of October, 2017 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk
1 Resolution 2017-__
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2017-113
RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT PLAN AS PROPOSED BY CONTINENTAL 419 FUND, LLC FOR A PORTION OF PID# 34.029.21.43.0003
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Continental 419 Fund LLC, W134 N8675 Executive Parkway, Menomonee
Falls, WI 53051 (the “Applicant”) has submitted an application to the City of Lake Elmo (City)
for a Concept PUD Plan for a 300 multiple family residential planned unit development on a 21.6 acre portion of PID# 34.029.21.43.0003, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on September 25, 2017 to consider the Concept PUD approval request; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending denial of the Concept PUD Plan, based on a recommended denial of a proposed Comprehensive Plan Amendment to re-guide a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Concept PUD as part of a memorandum to the City Council from the Planning Director for the October 17, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the application at its meeting held on October 17, 2017 and made the following findings of fact: 1. That if the Lake Elmo Comprehensive Plan and Land Use Map is amended to re-guide the planned development from Urban Medium Density Residential to Urban High Density
Residential, the PUD Concept Plan is consistent with the intent of the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
2. That the PUD Concept Plan complies with the general intent of the Urban High Density Residential zoning districts with PUD modifications.
3. That the PUD Concept Plan generally complies with the City’s Subdivision regulations.
2 Resolution 2017-__
4. That the PUD Concept Plan is generally consistent with the City’s engineering standards with exceptions as noted in the City Engineer’s memorandum dated September 7, 2017.
5. The PUD Concept Plan meets the minimum requirement for a PUD including minimum lot area, open space and street layout.
6. The PUD Concept Plan meets more than one of the required PUD objectives identified in
Section 154.751 including providing: innovation in land development techniques that may be more suitable for a given parcel than conventional approaches; provision of a more adequate, usable, and suitably located open space, recreational amenities and other public facilities than would otherwise be provided under conventional land development
techniques; accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional opportunities for senior and affordable housing; coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses; and higher standards of site and building design than would otherwise be provided under
conventional land development technique.
7. The PUD Concept Plan meets the allowed density requirements provided the Comprehensive Plan’s Land Use Map is amended to re-guide the planned development from
Urban Medium Density Residential to Urban High Density Residential. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Concept PUD Plans as proposed by Continental 419 Fund, LLC subject to the following conditions:
1. Approval of a Comprehensive Plan Amendment to amend the City’s Land Use Plan to re-guide a portion of the Property from Urban Medium Density Residential to Urban High Density Residential. 2. That the future preliminary plat and preliminary PUD Plans include a portion of the
parcel with the PID# 34.029.21.43.0003.
3. That the future preliminary plat and preliminary PUD Plans submittal identify all requests for flexibility from the Zoning Code. 4. That all comments of the City Engineer’s Memorandum dated September 7, 2017 be addressed with the future preliminary plat and preliminary PUD Plans submittal.
5. That the Preliminary Plat and PUD Plans submittal include a landscape plan to be reviewed and approved by the City’s Landscape Architect. 6. That the Preliminary Plat and PUD Plans submittal include accurate open space and impervious surface calculations.
7. That a trail be provided along the future road providing primary access to the development instead of a sidewalk.
3 Resolution 2017-__
8. That fees in lieu of park land dedication be provided as required by 153.14 with future final
plat. 9. That the preliminary plat and preliminary PUD Plans submittal include a detailed architectural plan.
10. That the Applicant assess the noise impact created by Interstate 94 and take necessary
action to minimize the impact of any highway noise.
11. That screening along 5th Street be provided, exceeding City standards.
12. That the Parks Commission review a need for a totlot within the development.
13. That the buildings within the proposed PUD Concept Plan not exceed 32 feet in height
and include masonry features.
Passed and duly adopted this 17th day of October, 2017 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk
City Council Resolution 2017-112
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-112 A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION FROM URBAN MEDIUM DENSITY RESIDENTIAL TO URBAN
HIGH DENSITY RESIDENTIAL FOR A PORTION OF PID# 34.02.21.43.0003 AND TO
AUTHORIZE STAFF TO SUBMIT A COMPREHENSIVE PLAN AMENDMENT FOR SAME TO THE METROPOLITAN COUNCIL
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and
WHEREAS, Continental 419 Fund LLC, W134 N8675 Executive Parkway, Menomonee
Falls, WI 53051 (the “Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a copy of which is on file in the City Planning Department; and WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant
along with a Planned Unit Development Concept Plan for a proposed multi-family development
located on a portion of PID# 34.02.21.43.0003 as shown on the attached Boundary Exhibit dated August 15, 2017, and WHEREAS, the Planning Commission held a public hearing on September 25, 2017 and
again reviewed the requests on November 13, 2017; and
WHEREAS, the Planning Commission adopted a motion to recommend denial to the City Council on the Applicant’s requests; and
WHEREAS, the City Council reviewed the Planning Commission and public comments
regarding the Applicant’s requests at its meeting on October 17, 2017 and November 21, 2017; and WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it is consistent with the spirit and intent of the Comprehensive Plan and beneficial by
providing a housing option not currently available in the community and will attract higher quality businesses to the areas guided for commercial land use to the south of the development. NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following findings of fact:
FINDINGS
City Council Resolution 2017-112
1. That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Urban High
Density Residential and decreased acreage of Urban Medium Density Residential.
b. Updating Map 3-3 – the planned land use map to re-guide the land use from Urban
Medium Density Residential to Urban High Density Residential.
3. That the proposed amendments are consistent with the overall goals and objectives of
the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings of fact, the Lake Elmo City Council hereby approves the Applicant’s request to amend the Comprehensive Plan as follows:
a. Updating Table 3-B on page III-11 to reflect proposed increased acreage of Urban High
Density Residential and decreased acreage of Urban Medium Density Residential.
b. Updating Map 3-3 – the planned land use map to show the proposed development area as
guided for Urban High Density Residential.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby authorizes and directs staff to submit a Comprehensive Plan amendment consistent herewith to the Metropolitan Council for review and approval, contingent upon the City’s
preliminary approval of the plat based on the Concept Planned Unit Development Plan as proposed
by the Applicant. Passed and duly adopted this 21st day of November 2017, by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Mike Pearson, Mayor
ATTEST: _____________________________
Julie Johnson, City Clerk
City Council Resolution 2017-112
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-112 A RESOLUTION DENYING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION FROM URBAN MEDIUM DENSITY RESIDENTIAL TO URBAN
HIGH DENSITY RESIDENTIAL FOR A PORTION OF PID# 34.029.21.43.0003
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to
guide the future physical, social, and economic development of the City; and WHEREAS, Continental 419 Fund LLC, W134 N8675 Executive Parkway, Menomonee Falls, WI 53051 (the “Applicant”) has submitted an application to the City to amend the
Comprehensive Plan, a copy of which is on file in the City Planning Department; and
WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant along with a Planned Unit Development Concept Plan for a proposed multi-family development located on a portion of PID# 34.029.21.43.0003 as shown on the attached Boundary Exhibit dated
August 15, 2017, and
WHEREAS, the Planning Commission held a public hearing on September 25, 2017 and again reviewed the requests on November 13, 2017; and
WHEREAS, the Planning Commission adopted a motion to recommend denial to the City
Council on the Applicant’s requests; and WHEREAS, the City Council reviewed the Planning Commission and public comments regarding the Applicant’s requests at its meetings on October 17, 2017 and November 21, 2017;
and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and believes that it is not consistent with the spirit and intent of the Comprehensive Plan. NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following findings of fact: FINDINGS.
1. That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
City Council Resolution 2017-112
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Urban High
Density Residential and decreased acreage of Urban Medium Density Residential.
b. Updating Map 3-3 – the planned land use map to re-guide the land use from Urban
Medium Density Residential to Urban High Density Residential.
3. That the land guided as Urban Medium Density is a sufficient gradation from Urban Low
Density Residential to Commercial.
4. That approximately 70 residents, mostly from an adjacent development, signed and submitted
a petition opposing the proposed Comprehensive Plan Amendment.
5. That no benefit to the City has been proposed that is significant enough to warrant an increase
in density afforded by a Comprehensive Plan Amendment.
6. There are other properties along the I-94 corridor that are guided for Urban High Density
Residential.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby denies the request by Continental 419 Fund, LLC to amend the City of Lake Elmo Comprehensive Plan by re-guiding a portion of PID# 34.029.21.43.0003 as shown on the attached
Boundary Exhibit dated August 15, 2017 from Urban Medium Density Residential to Urban High
Density Residential. Passed and duly adopted this 21st day of November 2017, by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Mike Pearson, Mayor
ATTEST: _____________________________
Julie Johnson, City Clerk
1 Resolution 2017-113
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION NO. 2017-113
RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT PLAN AS
PROPOSED BY CONTINENTAL 419 FUND, LLC FOR A PORTION OF PID# 34.029.21.43.0003
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Continental 419 Fund LLC, W134 N8675 Executive Parkway, Menomonee Falls, WI 53051 (the “Applicant”) has submitted an application to the City of Lake Elmo (City)
for a Concept PUD Plan for a 300 multiple family residential planned unit development on a 21.6 acre portion of PID# 34.029.21.43.0003, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on September 25, 2017 to consider the Concept PUD approval request; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending denial of the Concept PUD Plan, based on a recommended denial of a proposed Comprehensive Plan Amendment to re-guide a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Concept PUD as part of a memorandum to the City Council from the Planning Director for the October 17, 2017 and November 21, 2017 Council Meetings; and
WHEREAS, the City Council reviewed the application at its meeting held on October 17, 2017 and made the following findings of fact: 1. That if the Lake Elmo Comprehensive Plan and Land Use Map is amended to re-guide the planned development from Urban Medium Density Residential to Urban High Density
Residential, the PUD Concept Plan is consistent with the intent of the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
2. That the PUD Concept Plan complies with the general intent of the Urban High Density Residential zoning districts with PUD modifications.
3. That the PUD Concept Plan generally complies with the City’s Subdivision regulations.
2 Resolution 2017-113
4. That the PUD Concept Plan is generally consistent with the City’s engineering standards with exceptions as noted in the City Engineer’s memorandum dated September 7, 2017.
5. The PUD Concept Plan meets the minimum requirement for a PUD including minimum lot area, open space and street layout. 6. The PUD Concept Plan meets more than one of the required PUD objectives identified in
Section 154.751 including providing: innovation in land development techniques that may
be more suitable for a given parcel than conventional approaches; provision of a more adequate, usable, and suitably located open space, recreational amenities and other public facilities than would otherwise be provided under conventional land development techniques; accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional opportunities
for senior and affordable housing; coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses; and higher standards of site and building design than would otherwise be provided under conventional land development technique.
7. The PUD Concept Plan meets the allowed density requirements provided the Comprehensive Plan’s Land Use Map is amended to re-guide the planned development from
Urban Medium Density Residential to Urban High Density Residential.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Concept PUD Plans as proposed by Continental 419 Fund, LLC subject to the following conditions:
1. Approval of a Comprehensive Plan Amendment to amend the City’s Land Use Plan to re-
guide a portion of the Property from Urban Medium Density Residential to Urban High Density Residential. 2. That the future preliminary plat and preliminary PUD Plans include a portion of the
parcel with the PID# 34.029.21.43.0003.
3. That the future preliminary plat and preliminary PUD Plans submittal identify all requests for flexibility from the Zoning Code. 4. That all comments of the City Engineer’s Memorandum dated September 7, 2017 be addressed with the future preliminary plat and preliminary PUD Plans submittal. 5. That the Preliminary Plat and PUD Plans submittal include a landscape plan to be reviewed
and approved by the City’s Landscape Architect. 6. That the Preliminary Plat and PUD Plans submittal include accurate open space and impervious surface calculations.
7. That a trail be provided along the future road providing primary access to the development instead of a sidewalk.
3 Resolution 2017-113
8. That fees in lieu of park land dedication be provided as required by 153.14 with future final
plat.
9. That the preliminary plat and preliminary PUD Plans submittal include a detailed architectural plan.
10. That the Applicant assess the noise impact created by Interstate 94 and take necessary
action to minimize the impact of any highway noise.
11. That screening along 5th Street be provided, exceeding City standards.
12. That the Parks Commission review a need for a totlot within the development.
13. That the buildings within the proposed PUD Concept Plan not exceed 32 feet in height and include masonry features.
Passed and duly adopted this 21st day of November 2017 by the City Council of the City of Lake
Elmo, Minnesota. ____________________________________
Mike Pearson, Mayor
ATTEST: ____________________________________
Julie Johnson, City Clerk
1 Resolution 2017-113
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION NO. 2017-113
RESOLUTION DENYING THE CONCEPT PLANNED UNIT DEVELOPMENT PLAN AS
PROPOSED BY CONTINENTAL 419 FUND, LLC FOR A PORTION OF PID# 34.029.21.43.0003
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Continental 419 Fund LLC, W134 N8675 Executive Parkway, Menomonee Falls, WI 53051 (the “Applicant”) has submitted an application to the City of Lake Elmo (City)
for a Concept PUD Plan for a 300 multiple family residential planned unit development on a 21.6 acre portion of PID# 34.029.21.43.0003, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on September 25, 2017 and again reviewed the Concept PUD on November 13, 2017; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending denial of the Concept PUD Plan, based on a recommended denial of a proposed Comprehensive Plan Amendment to re-guide a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Concept PUD as part of a memorandum to the City Council from the Planning Director for the October 17, 2017 and November 21, 2017 Council Meetings; and
WHEREAS, the City Council reviewed the application at its meeting held on October 17, 2017 and made the following findings of fact: 1. That the PUD Concept Plan is not consistent with the intent of the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
2. That the City has denied a proposed Comprehensive Plan Amendment to re-guide a portion of PID# 34.029.21.43.0003 from Urban Medium Density Residential to Urban High Density Residential.
3. That the PUD Concept Plan generally complies with the City’s Subdivision regulations.
2 Resolution 2017-113
4. That the PUD Concept Plan is generally consistent with the City’s engineering standards with exceptions as noted in the City Engineer’s memorandum dated September 7, 2017.
5. The PUD Concept Plan meets the minimum requirement for a PUD including minimum lot area, open space and street layout. 6. The PUD Concept Plan meets more than one of the required PUD objectives identified in
Section 154.751 including providing: innovation in land development techniques that may
be more suitable for a given parcel than conventional approaches; provision of a more adequate, usable, and suitably located open space, recreational amenities and other public facilities than would otherwise be provided under conventional land development techniques; accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional opportunities
for senior and affordable housing; coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses; and higher standards of site and building design than would otherwise be provided under conventional land development technique.
7. That the PUD Concept Plan does not comply with the general intent of the Urban Medium Density Residential zoning district for which the property is guided.
8. That the PUD Concept Plan does not meet the density requirements of the Urban Medium
Density Residential land use guidance.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby deny
the Concept PUD Plans as proposed by Continental 419 Fund, LLC. Passed and duly adopted this 21st day of November 2017 by the City Council of the City of Lake Elmo, Minnesota.
____________________________________ Mike Pearson, Mayor ATTEST:
____________________________________ Julie Johnson, City Clerk
STAFF REPORT
DATE: December 5, 2017
REGULAR
ITEM #15
TO: Honorable Mayor and City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: Public Hearing for 2018 General Fund Budget and 2018 Final Property Levy Certification – Resolution 2017-135 REVIEWED BY: Kristina Handt – City Administrator
BACKGROUND: At the July 13th and July 27th Finance Committee meetings, discussions occurred regarding the 2018 Preliminary Budget for the General Fund and Utility Funds. Based upon those meetings, staff adjusted budgets in preparation for the joint meeting with the City Council and Finance Committee. At the August 10th joint meeting, and August 22nd City Council workshop, discussions occurred regarding the 2017 Adopted Budget, 2018 Preliminary Budget, as well as discussions on the 2018 Preliminary Property Tax Levy. On the regular City Council meeting of September 19th, the City Council adopted a 2018 Preliminary Levy of $3,626,406, which is an increase of $675,980, or approximately 22.91% when compared to the 2017 Final Property Tax Levy. In addition, the City Council adopted a 2018 Preliminary General Fund Budget of $4,700,538, which is an increase of $749,152 or approximately 18.96% compared to the 2017 Adopted Budget.
Process for this evening:
1) Information will be presented pertaining to the 2018 General Fund Budget, 2018 Proposed Property Tax Levy, and other general tax and budgetary information.
2) After the presentation, the Mayor is asked to open the public hearing, solicit comments and close the public hearing. 3) Based on upon the results of the information provided and public hearing, the City Council can consider the resolution attached to this report, or request it be considered at the December 19, 2017 regular City Council meeting instead for final approval and adoption. ISSUES BEFORE THE CITY COUNCIL: 1) Does the City Council desire to approve the 2018 General Fund Budget as presented?
2) Does the City Council desire to set the 2018 Final Property Tax Levy at $3,596,601, which is an increase of $646,175 or approximately 21.90% over the 2017 Final Property Tax Levy?
DISCUSSION: Attachment #1 includes the entire Proposed 2018 General Fund Budget. The following is a narrative of the 2018 Proposed General Fund Budget highlighting key items:
Revenues: 1. Property taxes for the General Fund – For the 2018 Proposed General Fund Budget, property taxes will increase from $1,818,847 for the 2017 Adopted Budget to $2,382,813 for the 2018 Proposed Budget, which is an increase of $563,966, or 31.01%.
2. Licenses and Permits – These are based on staff estimates for related activities within the City, with most line items remaining reasonably consistent compared to the 2017 Adopted Budget. A few key items of note are:
a. Building Permits – Revenue of $800,000, which is approximately $8,000, or 1% less than the 2017 Adopted Budget. This is based on 250 new residential units being constructed in 2018, which is consistent with 2017.
b. Heating and Plumbing Permits – Both of these are proposed to increase by approximately $15,000 based on a fee charged for a fireplace, and sewer and water permit, both of which are $60.00.
c. Fire Sprinkler Alarm Fees – This fee was instituted in 2017, based on history and estimates were reduced by $5,000 in total, or 33.33%. This fee was also split into two object codes, Fire Sprinkler Alarm and Fire Alarm Fees.
3. Intergovernmental – Municipal State Aid – Maintenance is projected to increase by approximately $4,700 or 3.61% based on information from MNDOT.
4. Charges for Services – These are based from staff estimates and historical information. Two key items of note are :
a. Zoning and Subdivision Fees – These were increased by $32,000, from $23,000 to $55,000, based on new construction fees and staff estimates for planning and zoning activities.
b. Plan Check Fees – This line item is proposed to increase by approximately $12,000 or 2.34%, based on more detailed analyses on the building permits that require plan check review to occur.
5. Fines are Forfeits – This line item is proposed to increase by $2,500, or 5.38% based on historical averages.
6. Miscellaneous – Key line items of change compared to the 2017 Adopted Budget are: a. Cable Franchise Revenue – This is proposed to decline by $4,000 or 5.56% based
on a city discontinuing participating in the franchise resulting in lower total revenues to be allocated among the remaining cities. b. Miscellaneous Revenue – This increase of $25,900, from $4,000 to $29,900, pertains to tax forfeit receipts, miscellaneous accounts receivable items and development fees. c. Tower Rent – This proposed increase of $7,000, or 15.22% is based on existing
contracts. d. Use of Fund Balance – The proposed increase of $44,000, or 29.33%, from $150,000 to $194,000, is based on a change in philosophy from 2017 to 2018. In
2017, Fund Balance was used to balance the budget from an operational standpoint. For 2018, based on meetings with the Finance Committee, the use of fund balance is being allocated for capital purchases in the General Fund for items less than $75,000.
Based on this, the proposed purchases are a vehicle for Inspections of $24,000, a 1
Ton Truck for $70,000, Vac Trailer for $45,000, an asphalt roller for $30,000 and a Cushman Utility Vehicle for $25,000.
Expenditures:
1) Expenditure themes in the General Fund From the 2017 Adopted to 2018 Proposed - a) Staffing – For 2018, no new staffing positions are proposed in the budget. Two key items of note: 1) The Assistant City Administrator position that was approved in 2017, which reflects approximately three and half months of expenditures in 2017 and then a full year in 2018. This position will be allocated 50% to Administration and 50% to Communications. 2) The new staffing model approved for the Fire Department in 2017 is shown for a full year in 2018. b) Salaries – Extensive work and a compensation study occurred to determine budgeted salary proposals. Staff is recommending salary adjustments to bring staff into alignment of its peer cities group with an inflationary adjustment of two percent. As such, in the expenditures section below, this will not be discussed individually except in the case of staffing model changes approved by the City Council in 2017. c) Benefits – Subsequent to the 2018 Preliminary General Fund and Property Tax Levy adoption, staff worked to secure better health insurance rates for non-union staff and was successful. Based on budgeted estimates from the original renewal rates for 2018 and
comparing them to the new rates, the City was able to reduce the overall city budget by approximately $33,000, with a General Fund and property tax levy reduction of approximately $30,000. This information was presented to the City Council on November
14th and approved. For other benefits, such as FICA, Medicare, PERA, etc., many of these correlate to salaries on a percentage basis, so as salaries are adjusted, so are these benefits. d) Capital Outlay – As outlined in the Revenues section above, Capital Outlay within the General Fund for items under $75,000 will be proposed to be paid with Fund Balance for the 2018 Proposed Budget.
2) Key Expenditure Changes by Dept./Cost Center from 2017 Adopted to 2018 Proposed– a) Administration – i) Personnel - Increased by approximately $85,300, or 41%, which is attributed to the Assistant City Administrator salaries and benefits position approved by the City Council in 2017, and other wage adjustments outlined in item #1 above. ii) Materials and Supplies – Legal Services is proposed to decrease by $70,000, or 41.18% based on shifting litigation costs related to 3M to the Water Fund. iii) Charges and Services – Assessing services is proposed to increase by $15,350, or 40.39%, based on 250 new parcels and the Washington County charge. Contract Services, IT, and Software Programs, are proposed to increase by $11,250, for Shred It, a new website and computer and existing software licensing. Legal Publishing is
proposed to increase by approximately $6,000 or 83% for legal codification updates and other publishing requirements. Cable Operation Expense will decline entirely from $31,400 related to a one-time capital expenditure.
b) Elections – This is proposed to increase by $9,000 for the 2018 Election cycle. c) Communications – This budget is proposed to increase by approximately $20,000, or 29%, for Personnel Costs related to the Assistant City Administrator of approximately $41,000, quarterly newsletters for $6,000 including postage, $5,000 for cable operations to cover increased meeting and a reduction of approximately $32,000 for IT/Web costs being
proposed for allocation between the General Fund and Utility Funds.
d) Finance – i) Personnel – Proposed to decrease by approximately $58,000, or 63% based on contracting for Finance Director services and increasing the part-time accountant to full-time as part of the department reorganization in 2017 after the 2017 Adopted Budget was approved. ii) Charges and Services – Audit services will increase approximately $3,000, or 3% based on the contract. Contract services is proposed to increase by approximately $108,000 based on Finance Director Services being provided by an external firm. Software
services is proposed to increase by approximately $19,000 for support for financial related software and the General Funds share of new financial related software.
e) Planning and Zoning – Charges and Services – This section is proposed to decrease by approximately $62,000 with the vast majority of the decrease attributed to the Comprehensive Plan update being split into 2017 and 2018 budget cycles based on the timing of the costs. f) City Hall – Charges and Services – Repair/Maint. Contractual Equipment is to increase by approximately $2,500, or 16% based on a new copier lease. g) Police – Charges and Services – Contract with Washington County proposed to increase by approximately $46,300 or 7.49%. This reflects having the sergeant position filled for the whole year. h) Fire – i) Personnel – Based on City Council action earlier this year, staff was directed to proceed with a revised staffing model that includes career, part-time and paid on call firefighters. As such, this section increased by approximately $181,000, or 82%. Major changes in this section are the increase in part-time salaries of approximately $127,000 for 144 hours of service coverage per week and the associated benefits of approximately $34,000 for this change. The remaining amount of the increase was related to the paid-on-call and personnel changes. ii) Charges and Services – This section increased by approximately $19,000, or 17%, which is mostly related to physicals, training, uniforms for the new part-time hires and repairs.
i) Building Inspection – i. Charges and Services - This section increased by approximately $3,000, or 19%. This is based on I-pads and telephone service for fieldwork of approximately $8,000 and a reduction of $5,000 for engineering services that can be handled by the current Building Official. ii. Capital Outlay – Vehicle purchase of $24,000 approximately to be paid from Fund Balance. j. Emergency Communications – Contract Services – decrease of $3,615, or 67% for pole replacement project done in 2017. k. Public Works – i. Personnel – On call pay was added for $4,000 for the year and a safety clothing allowance is being allocated that total $175 per employee that is split among Public Works, Parks and the three Utility Funds. ii. Material and Supplies – Increased by approximately $16,000, or 2.86%,
which is related to sand/salt increase of $10,000, small tools and minor
equipment increase of $5,000 for a pallet rack and net increase of $1,000 across various accounts. iii. Charges and Services – This section is projected to increase by
approximately $48,000, or 30%. This is based on approximately $24,000 for seven new 800mhz radios and annual cost. Repairs and maintenance is proposed to increase by approximately $31,000 in total, which includes
purchases of fan and locks for $10,000 and $1,000 respectively as well as increased estimates for equipment maintenance. Equipment rental is projected to increase by $2,000, uniforms by $2,500, Clean-up Days eliminated per City Council action saving $10,000, and the remaining line items resulting in a net reduction of approximately $1,500. iv. Capital Outlay – This line item is project to increase by $145,000 for the purchase of a 1-Ton Truck for $70,000, Vac Trailer for $45,000, an asphalt roller for $30,000. This is to be paid from Fund Balance.
l. Parks and Recreation – i. Material and Supplies – This section is proposed to increase by approximately $2,800, or 25%, which includes $1,000 for operating
supplies, $1,000 for Repair/Maint. Supplies and a net increase of $800 across the remaining line items. ii. Charges and Services – The net impact on this section is a decrease of approximately $9,000, based on a decrease of $25,000 for the lakes matching grant, as proposed by the Finance Committee. Also an increase in contract services of $13,000 this includes turf treatments for $8,000 and Sunfish Lake Management cost of $5,000. Repairs and maintenance increased by approximately $3,000. iii. Capital Outlay – This line item includes the proposed purchase of a Cushman Utility vehicle for $25,000, which in accordance with the other capital purchases, will be paid from Fund Balance.
m. Compensation Adjustment - This section decreased by $35,000, as now all salary and benefit adjustments are being incorporated into the Departmental or cost center budgets. General Fund Budget Summary Information: 1) The Proposed 2018 General Fund Budget is $4,670,734, which is $719,348 or an approximate 18.20% increase compared to the 2017 Adopted Budget. 2) Use of fund balance in the General Fund of $194,000 is budgeted for the use of capital purchases in the 2018 Proposed Budget. 2017 Final and Proposed 2018 Final Property Tax Levy, Tax Capacity and Rate Information: Attachment #2 includes a detailed breakdown of the City’s overall Property Tax Levies for the 2017 Final Levy and Proposed 2018 Final Property Tax Levy. In addition, it outlines the City’s Tax Capacity, Tax Levy, subsequent Tax Rates from 2013 - 2017 Final and the Proposed 2018 Final Property Tax Levy. Based on upon the document, here are some key points: 1) The 2017 Final Property Tax Levy was $2,950,426, which was $161,778 less, or a reduction of approximately 5.20% compared to the 2016 Final Property Tax Levy. 2) The 2018 Preliminary Property Tax Levy was adopted on September 19th at $3,626,406,
which is $675,980 or approximately 22.91% more than the 2017 Final Property Tax Levy.
This increase is attributed to the General Fund increase of $593,771, Debt Service increases of $339,166 and a decrease in Library Levy of $256,957.
3) The Proposed 2018 Final Property Tax Levy is $3,596,601, which is an increase of $646,175, or approximately 21.90% compared to the 2017 Final Property Tax Levy. The only change from the 2018 Preliminary to Proposed 2018 Final Property Tax Levy is a reduction to the
General Fund portion of the levy of $29,805 related to the health insurance renewal reduction. 4) The Proposed 2018 Final Debt Service Levy is $1,213,788, of which $341,610 is attributed to the issuance of the 2017A Bonds. Overall, the Debt Service portion accounts for approximately 33.47% of the total levy. 5) The Proposed 2018 Property Tax Rate is 22.60%, compared to 20.02% for the 2017 Final Property Tax Rate, which is an increase of approximately 12.89%. This lesser increase compared to the property levy is a result of increased tax capacity within the City spreading the property tax levy over a larger number of properties.
6) From 2013 Final to 2018 Proposed, tax capacity has increased from approximately $11.38 million to $15.92 million or approximately 39.81%. During that same time, the tax rate has declined from 27.82% to the proposed rate of 22.60%, or a decrease of approximately
18.75%. The 2018 tax capacity and tax rate will experience minor fluctuations as Washington County refines its Pay 2018 taxing information throughout the year, and will not become final until early 2018 when the property tax statements to go out.
By law, the City Council must approve a 2018 Final Property Tax Levy. This final levy must be sent to Washington County for certification no later than December 28, 2017. In addition, levy and other reporting information must be sent to the Minnesota Department of Revenue and Office of the State
Auditor by December 30, 2017 and January 31, 2018, respectively. 2018 Property Tax Levy Impact on a Median Value Homesteaded Property City Share of Taxes
For a median valued home of $378,300 that experiences a change in valuation of 1.19%, to $382,800, based on information from Washington County, the estimated City share of property taxes for the Proposed 2018 Final Property Tax Levy would be approximately $859 compared to $751 for the 2017 Final Property Tax Levy. This is an increase of $108, or approximately 14.4% for the estimated City share of property taxes. This information is contingent upon changes in overall valuation, tax capacity, and the City’s 2018 Final Property Tax Levy. Next Steps:
As the 2018 Budget and Property Tax Levy process nears completion, the following steps remain: 1) December 5 (This evening) – Public Hearing on the Proposed 2018 Final Property Tax Levy
and 2018 General Fund Budget and adoption of the 2018 Final Property Tax Levy and 2018 General Fund Budget. 2) December 19 – Continue Public Hearing if necessary for Proposed 2018 Final Property Tax Levy, 2018 General Fund Budget, adoption of each , and then adopt the 2018 – 2022 Capital Improvement Plan.
Other: As of November 29th, there were no formal letters or requests received in Administration or Finance addressing the proposed increase in the City’s budget or portion of property taxes to consider.
FISCAL IMPACT:
The proposed 2018 General Fund Budget and 2018 Final Property Tax Levy will help support necessary city services to be provided in 2018. In addition, consideration of the impact of the decisions made today will help the City plan for the future with the goal of sound fiscal management.
RECOMMENDATIONS: 1) Motion to Adopt Resolution No. 2017-135 Adopting 2018 General Fund Budget, and Authorizing the 2018 Final Property Tax Levy. ATTACHMENTS: 1) 2018 Proposed General Fund Budget – 12-5-17 2) 2017 Final and Proposed 2018 Final Property Tax Levy Allocations – 12-5-17 3) 2017 Final and Proposed 2018 Property Tax Levy Impact Worksheet – 12-5-17 4) Resolution No. 2017-135 Adopting the 2018 General Fund Budget, and Authorizing the 2018 Final Property Tax Levy.
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
1
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
General Fund Revenues:
Taxes
101-000-0000-31010 Current Ad Valorem Taxes 2,206,350$ 2,019,331$ 1,629,875$ 896,685$ 1,629,875$ 2,202,698$ 35.15%
101-000-0000-31020 Delinquent Ad Valorem Taxes 22,467 13,546 15,000 12,410 15,000 15,000 0.00%
101-000-0000-31030 Mobile Home Tax 18,874 14,366 12,000 3,017 12,000 15,000 25.00%
101-000-0000-31040 Fiscal Disparities 179,607 157,096 161,272 111,967 161,272 149,615 -7.23%
101-000-0000-31910 Penalty & Interest on Taxes 725 185 700 423 700 500 -28.57%
Total Taxes 2,428,022$ 2,204,523$ 1,818,847$ 1,024,502$ 1,818,847$ 2,382,813$ 31.01%
Licenses and Permits
101-000-0000-32110 Liquor License 8,350 7,025 9,000 8,300 8,300 8,300 -7.78%
101-000-0000-32180 Wastehauler License 480 1,560 1,000 - 1,000 1,000 0.00%
101-000-0000-32181 General Contractor License 50 150 150 - - - -100.00%
101-000-0000-32183 Heating Contractor License 3,901 3,450 2,850 800 1,200 - -100.00%
101-000-0000-32210 Building Permits 421,941 902,690 808,157 866,465 900,000 800,000 -1.01%
101-000-0000-32211 Driveway Permits 250 10,190 - 14,045 17,500 17,500 #DIV/0!
101-000-0000-32220 Heating Permits 34,359 128,558 44,820 112,435 122,000 60,000 33.87%
101-000-0000-32230 Plumbing Permits 42,662 92,752 44,820 84,505 90,000 60,000 33.87%
101-000-0000-32240 Animal License 2,116 1,900 1,720 1,605 2,000 2,000 16.28%
101-000-0000-32250 Utility Permits 59,033 60,234 33,000 30,196 33,000 33,000 0.00%
101-000-0000-32260 Burning Permit 1,530 2,035 3,750 1,405 3,750 2,500 -33.33%
101-000-0000-32270 Massage Therapy Licenses 200 75 100 - 100 100 0.00%
101-000-0000-35101 Fire Sprinkler Alarm Fees - - 15,000 10,835 15,000 8,500 -43.33%
Fire Alarm Fees - - - - - 1,500 #DIV/0!
Total Licenses and Permits 574,871$ 1,210,619$ 964,367$ 1,130,591$ 1,193,850$ 994,400$ 3.11%
Intergovernmental
101-000-0000-33418 MSA - Maintenance 119,464 123,433 130,838 122,883 122,883 135,561 3.61%
101-000-0000-33420 State Fire Aid 58,166 59,136 47,000 - 47,000 47,000 0.00%
101-000-0000-33422 PERA Aid 2,749 2,749 2,749 1,375 2,749 2,749 0.00%
101-000-0000-33426 Miscellaneous State Grants 26,285 8,367 4,820 541 4,820 4,820 0.00%101-000-0000-33621 Recycling Grant 15,688 15,688 15,688 15,688 15,688 15,766 0.50%
Total Intergovernmental 222,352$ 209,373$ 201,095$ 140,486$ 193,140$ 205,896$ 2.39%
Charges for Services
101-000-0000-34103 Zoning & Subdivision Fees 29,035 33,490 23,000 44,308 50,000 55,000 139.13%
101-000-0000-34104 Plan Check Fees 242,970 500,965 513,002 487,470 509,822 525,000 2.34%
101-000-0000-34105 Sale of Copies, Books, Maps 116 213 280 9 125 200 -28.57%
101-000-0000-34107 Assessment Searches 3,030 4,905 1,395 885 1,000 1,395 0.00%
101-000-0000-34110 Rent - - - 12 12 - #DIV/0!
101-000-0000-34111 Cable Operation Reimbursement 71,912 1,600 4,000 1,710 4,000 5,000 25.00%
101-000-0000-36206 Escrow Administration Fee - 2,800 24,900 22,800 25,000 25,000 0.40%
Total Charges for Services 347,063$ 543,973$ 566,577$ 557,194$ 589,959$ 611,595$ 7.95%
Fines and Forfeits
101-000-0000-35100 Fines 48,739 49,505 46,500 30,557 49,000 49,000 5.38%
Total Fines and Forfeits 48,739$ 49,505$ 46,500$ 30,557$ 49,000$ 49,000$ 5.38%
Investment Earnings101-000-0000-36210 Interest Earnings 23,501 20,437 40,000 - 25,000 40,000 0.00%
Total Investment Earnings 23,501$ 20,437$ 40,000$ -$ 25,000$ 40,000$ 0.00%
Miscellaneous
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
2
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
101-000-0000-33622 Cable Franchise Revenue - 98,218 72,000 67,178 94,178 68,000 -5.56%
101-000-0000-36200 Miscellaneous Revenue 2,438 28,205 4,000 28,923 32,900 29,900 647.50%
101-000-0000-36204 Reimbursements - Fire - 1,500 500 - - - -100.00%
101-000-0000-36207 ISD Service Fee In Lieu of Tax - - 31,500 - 31,500 32,130 2.00%
101-000-0000-36230 Donations - 10,000 10,000 11,400 11,400 10,000 0.00%
101-000-0000-37180 Tower Rent - - 46,000 42,644 51,000 53,000 15.22%
101-000-0000-38000 Use of Fund Balance - - 150,000 - 101,361 194,000 29.33%
Total Miscellaneous 2,438$ 137,924$ 314,000$ 150,145$ 322,340$ 387,030$ 23.26%
Total General Fund Revenues:3,646,987$ 4,376,355$ 3,951,386$ 3,033,475$ 4,192,136$ 4,670,734$ 18.20%
General Fund Expenditures:
1110 Mayor & Council
Personnel
101-410-1110-41030 Part-time Salaries 25,690 25,690 25,690 12,845 25,690 25,690 0.00%
101-410-1110-41220 FICA Contributions 1,593 1,593 1,593 796 1,593 1,593 0.00%
101-410-1110-41230 Medicare Contributions 373 373 373 186 373 373 0.00%101-410-1110-41510 Workers Compensation 9 - 300 67 198 198 -34.00%
Total Personnel 27,664$ 27,655$ 27,956$ 13,895$ 27,854$ 27,854$ -0.36%
Materials and Supplies
101-410-1110-42000 Office Supplies - 72 - 114 120 30 #DIV/0!
101-410-1110-42001 Computer Reimbursement - - - 1,911 3,000 - #DIV/0!
101-410-1110-43310 Mileage 169 - 375 - 100 300 -20.00%
Total Materials and Supplies 169$ 72$ 375$ 2,025$ 3,220$ 330$ -12.00%
Charges and Services
101-410-1110-44300 Miscellaneous 8,764 15,691 5,250 6,568 6,750 6,750 28.57%101-410-1110-44330 Dues & Subscriptions 11,519 11,986 11,813 3,622 11,813 12,470 5.56%
101-410-1110-44370 Conferences & Training 1,000 520 1,500 180 335 1,000 -33.33%
Total Charges and Services 21,283$ 28,197$ 18,563$ 10,370$ 18,898$ 20,220$ 8.93%
1110 Total Mayor & Council 49,116$ 55,924$ 46,894$ 26,290$ 49,972$ 48,404$ 3.22%
1320 Administration
Personnel
101-410-1320-41010 Full-time Salaries 232,992 195,150 153,083 134,052 180,359 217,946 42.37%
101-410-1320-41030 Part-time Salaries - 5,613 - 6,005 6,240 - #DIV/0!
101-410-1320-41210 PERA Contributions 12,638 14,378 11,481 12,592 16,004 16,346 42.37%
101-410-1320-41220 FICA Contributions 13,922 11,823 9,491 11,314 12,851 13,146 38.51%
101-410-1320-41230 Medicare Contributions 3,273 2,765 2,220 2,656 2,952 3,160 42.34%
101-410-1320-41300 Insurance 44,554 28,335 26,787 26,178 34,902 42,456 58.49%101-410-1320-41510 Workers Compensation 6,717 6,252 6,300 693 1,437 1,678 -73.37%
Total Personnel 314,096$ 264,317$ 209,362$ 193,490$ 254,745$ 294,732$ 40.78%
Materials and Supplies
101-410-1320-42000 Office Supplies 5,538 5,113 5,500 3,546 5,000 4,500 -18.18%
101-410-1320-42030 Printed Forms 1,888 771 700 84 775 785 12.14%
101-410-1320-43040 Legal Services 100,075 322,842 170,000 91,403 100,000 100,000 -41.18%
101-410-1320-43090 Newsletter/Website - - 8,000 90 90 100 -98.75%
Total Materials and Supplies 107,500$ 328,727$ 184,200$ 95,123$ 105,865$ 105,385$ -42.79%
Charges and Services
101-410-1320-43100 Assessing Services 46,659 52,049 38,000 29,126 50,318 53,350 40.39%
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
3
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
101-410-1320-43150 Contract Services 1,100 1,019 - 15,080 16,000 3,000 #DIV/0!
101-410-1320-43180 Information Technology/Web 5,967 470 - 609 1,500 4,500 #DIV/0!
101-410-1320-43190 Software Programs - 2,338 - 2,601 3,000 3,750 #DIV/0!
101-410-1320-43210 Telephone 1,388 1,574 1,500 1,135 1,718 1,770 17.97%
101-410-1320-43220 Postage 4,541 3,741 3,000 (312) 1,000 4,000 33.33%
101-410-1320-43310 Mileage 70 418 348 517 750 1,000 187.36%
101-410-1320-43510 Legal Publishing 6,513 8,003 7,088 2,330 7,500 13,000 83.41%
101-410-1320-43610 Insurance 16,386 26,121 28,000 27,630 28,500 29,400 5.00%
101-410-1320-43620 Cable Operation Expense - - 31,400 - 31,400 - -100.00%
101-410-1320-44330 Dues & Subscriptions 1,713 1,877 2,500 1,227 1,800 2,250 -10.00%
101-410-1320-44370 Conferences & Training 2,511 844 2,170 1,346 1,700 2,000 -7.83%
Total Charges and Services 86,848$ 98,454$ 114,006$ 81,289$ 145,186$ 118,020$ 3.52%
Miscellaneous
101-410-1320-44300 Miscellaneous 1,210 538 600 212 600 600 0.00%
Total Miscellaneous 1,210$ 538$ 600$ 212$ 600$ 600$ 0.00%
1320 Total Administration 509,653$ 692,035$ 508,168$ 370,114$ 506,396$ 518,737$ 2.08%
1410 Elections
Personnel
101-410-1410-41030 Part-time Salaries 1,280 7,037 - - - 7,500 #DIV/0!101-410-1410-41510 Workers Compensation - - - - - - #DIV/0!
Total Personnel 1,280$ 7,037$ -$ -$ -$ 7,500$ #DIV/0!
Charges and Services
101-410-1410-43150 Contract Services 600 1,200 1,200 1,660 1,660 1,660 38.33%
Total Charges and Services 600$ 1,200$ 1,200$ 1,660$ 1,660$ 1,660$ 38.33%
Capital Outlay
101-410-1410-45800 Other Equipment - 20 - - - - #DIV/0!
Total Capital Outlay -$ 20$ -$ -$ -$ -$ #DIV/0!
Miscellaneous
101-410-1410-44300 Miscellaneous - 835 - - - 1,000 #DIV/0!
Total Miscellaneous -$ 835$ -$ -$ -$ 1,000$ #DIV/0!
1410 Total Elections 1,880$ 9,092$ 1,200$ 1,660$ 1,660$ 10,160$ 746.67%
1450 Communications
Personnel
101-410-1450-41010 Full-time Salaries 11,191 - - 423 7,953 28,434 #DIV/0!
101-410-1450-41030 Part-time Salaries - - - - - - #DIV/0!
101-410-1450-41210 PERA Contributions 664 - - 32 596 2,133 #DIV/0!
101-410-1450-41220 FICA Contributions 680 - - 26 493 1,763 #DIV/0!
101-410-1450-41230 Medicare Contributions 159 - - 6 115 412 #DIV/0!
101-410-1450-41300 Insurance 3,672 - - - 1,907 7,659 #DIV/0!101-410-1450-41510 Workers Compensation 213 - - - 61 219 #DIV/0!
Total Personnel 16,578$ -$ -$ 487$ 11,125$ 40,620$ #DIV/0!
Charges and Services
101-410-1450-43090 Newsletter 4,711 - - - 2,000 5,000 #DIV/0!
101-410-1450-43180 Information Technology/Web 35,507 50,580 67,396 37,084 38,800 35,500 -47.33%
101-410-1450-43210 Telephone 876 308 - - - - #DIV/0!
101-410-1450-43220 Postage 1,208 - - - - 1,000 #DIV/0!
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
4
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
101-410-1450-43310 Mileage 57 - - - - - #DIV/0!
101-410-1450-43510 Public Notices 1,586 - - - - - #DIV/0!
101-410-1450-43620 Cable Operations 3,849 3,955 - 4,580 5,000 5,000 #DIV/0!101-410-1450-44370 Conferences and Training 360 - - - - - #DIV/0!
Total Charges and Services 47,795$ 54,843$ 67,396$ 41,664$ 45,800$ 46,500$ -31.00%
1450 Total Communications 64,733$ 54,843$ 67,396$ 42,151$ 56,925$ 87,120$ 29.27%
1520 Finance
Personnel
101-410-1520-41010 Full-time Salaries 60,494 63,053 59,561 47,423 64,231 14,664 -75.38%
101-410-1520-41030 Part-time Salaries - 12,702 10,000 16,148 16,500 6,760 -32.40%
101-410-1520-41210 PERA Contributions 4,537 5,281 4,835 1,784 1,438 1,100 -77.25%
101-410-1520-41220 FICA Contributions 3,545 4,500 3,997 1,702 1,647 1,328 -66.78%
101-410-1520-41230 Medicare Contributions 829 1,052 935 398 395 311 -66.74%
101-410-1520-41300 Insurance 10,010 10,938 11,994 5,758 6,800 3,831 -68.06%
101-410-1520-41420 Unemployment Benefits - - - - 8,742 5,464 #DIV/0!
101-410-1520-41510 Workers Compensation 472 204 600 315 315 165 -72.50%
Total Personnel 79,886$ 97,731$ 91,922$ 73,527$ 100,068$ 33,623$ -63.42%
Materials and Supplies
101-410-1520-42000 Office Supplies 818 338 600 446 750 600 0.00%
101-410-1520-42030 Printed Forms 137 1,117 375 - 300 375 0.00%
Total Materials and Supplies 955$ 1,456$ 975$ 446$ 1,050$ 975$ 0.00%
Charges and Services
101-410-1520-43010 Audit Services 28,270 29,345 29,500 26,575 29,500 30,425 3.14%
101-410-1520-43150 Contract Services 7,786 114 101 111,738 139,493 108,150 106979.21%
101-410-1520-43190 Software Programs 5,379 - - 6,400 6,400 19,433 #DIV/0!
101-410-1520-43210 Telephone 408 427 900 690 850 875 -2.78%
101-410-1520-43310 Mileage - - 50 - 100 250 400.00%
101-410-1520-44330 Dues & Subscriptions 420 170 670 170 500 500 -25.37%101-410-1520-44370 Conferences & Training - - 500 254 500 750 50.00%
Total Charges and Services 42,263$ 30,056$ 31,721$ 145,827$ 177,343$ 160,383$ 405.61%
Miscellaneous
101-410-1520-44300 Miscellaneous 1,632 1,627 220 1,052 1,400 1,625 638.64%
Total Miscellaneous 1,632$ 1,627$ 220$ 1,052$ 1,400$ 1,625$ 638.64%
1520 Total Finance 124,737$ 130,869$ 124,838$ 220,852$ 279,861$ 196,606$ 57.49%
1910 Planning & Zoning
Personnel
101-410-1910-41010 Full-time Salaries 135,788 149,034 145,407 125,119 145,619 146,468 0.73%
101-410-1910-41030 Part-time Salaries - - - - 6,240 6,760 #DIV/0!
101-410-1910-41210 PERA Contributions 9,546 11,211 10,906 9,353 10,921 10,985 0.72%
101-410-1910-41220 FICA Contributions 7,919 9,075 9,015 7,367 9,415 9,500 5.38%
101-410-1910-41230 Medicare Contributions 1,852 2,122 2,109 1,723 2,202 2,222 5.36%
101-410-1910-41300 Insurance 29,145 23,249 25,772 22,969 30,625 26,803 4.00%
101-410-1910-41510 Workers Compensation 938 415 750 658 1,181 1,192 58.93%
Total Personnel 185,188$ 195,105$ 193,959$ 167,189$ 206,203$ 203,930$ 5.14%
Materials and Supplies101-410-1910-42000 Office Supplies 1,661 810 1,800 186 350 800 -55.56%
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
5
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
101-410-1910-42030 Printed Forms 958 - 500 - 750 - -100.00%
Total Materials and Supplies 2,619$ 810$ 2,300$ 186$ 1,100$ 800$ -65.22%
Charges and Services
101-410-1910-43020 Comprehensive Planning - - - 26,530 54,000 36,000 #DIV/0!
101-410-1910-43030 Engineering Services 16,328 18,688 12,000 6,541 13,000 15,000 25.00%
101-410-1910-43150 Contract Services 25,467 25,133 113,500 5,826 10,000 10,000 -91.19%
101-410-1910-43190 Software Programs - - - 407 500 100 #DIV/0!
101-410-1910-43210 Telephone 761 775 1,020 546 1,000 1,100 7.84%
101-410-1910-43220 Postage 35 6 150 59 - 25 -83.33%
101-410-1910-43310 Mileage 95 342 150 103 300 300 100.00%
101-410-1910-43510 Legal Publishing - - - 840 1,000 500 #DIV/0!
101-410-1910-44330 Dues & Subscriptions 120 617 390 - 1,000 1,115 185.90%
101-410-1910-44350 Books - - 175 - - - -100.00%
101-410-1910-44370 Conferences & Training 555 1,520 1,560 375 1,500 2,500 60.26%
Total Charges and Services 43,361$ 47,081$ 128,945$ 41,227$ 82,300$ 66,640$ -48.32%
Miscellaneous101-410-1910-44300 Miscellaneous 31 31 300 10 200 200 -33.33%
Total Miscellaneous 31$ 31$ 300$ 10$ 200$ 200$ -33.33%
1910 Total Planning & Zoning 231,199$ 243,027$ 325,504$ 208,612$ 289,803$ 271,570$ -16.57%
1930 Engineering Services
Charges and Services
101-410-1930-43030 Engineering Services 32,942 34,034 36,000 18,097 34,500 36,000 0.00%
101-410-1930-43210 Telephone 204 195 - 107 200 216 #DIV/0!
Total Charges and Services 33,146$ 34,229$ 36,000$ 18,204$ 34,700$ 36,216$ 0.60%
1930 Total Engineering Services 33,146$ 34,229$ 36,000$ 18,204$ 34,700$ 36,216$ 0.60%
1940 City Hall
Materials and Supplies
101-410-1940-42110 Cleaning Supplies - - 50 - -100.00%101-410-1940-42230 Building Repair Supplies 478 4 300 550 750 800 166.67%
Total Materials and Supplies 478$ 4$ 350$ 550$ 750$ 800$ 128.57%
Charges and Services
101-410-1940-43180 Information Technology/Web - - - 185 370 389 #DIV/0!
101-410-1940-43210 Telephone 772 614 900 438 900 900 0.00%
101-410-1940-43810 Utilities 6,968 3,851 6,500 2,583 6,500 6,500 0.00%
101-410-1940-43840 Refuse 1,490 1,129 1,355 1,074 1,500 1,325 -2.21%
101-410-1940-44010 Repairs/Maint Contractual Bldg 9,139 21,350 6,000 6,683 7,000 6,000 0.00%
101-410-1940-44040 Repairs/Maint Contractual Eqpt 10,820 11,365 15,540 8,978 14,000 18,000 15.83%
101-410-1940-44120 Rentals - Building 29,532 30,147 31,992 26,660 31,992 33,223 3.85%
Total Charges and Services 58,721$ 68,457$ 62,287$ 46,601$ 62,262$ 66,337$ 6.50%
Miscellaneous101-410-1940-44300 Miscellaneous 1,802 1,981 1,016 501 1,016 1,016 0.00%
Total Miscellaneous 1,802$ 1,981$ 1,016$ 501$ 1,016$ 1,016$ 0.00%
1940 Total City Hall 61,000$ 70,442$ 63,653$ 47,652$ 64,028$ 68,153$ 7.07%
2100 Police
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
6
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
Charges and Services
101-420-2100-43150 Law Enforcement Contract 527,462 536,330 618,357 290,876 618,357 664,675 7.49%
101-420-2100-44300 Misc. - Community Event - - 1,000 1,800 1,800 1,000 0.00%
Total Charges and Services 527,462$ 536,330$ 619,357$ 292,676$ 620,157$ 665,675$ 7.48%
2100 Total Police 527,462$ 536,330$ 619,357$ 292,676$ 620,157$ 665,675$ 7.48%
2150 Prosecution
Charges and Services101-420-2150-43045 Attorney Criminal 55,710 44,144 43,200 25,169 43,200 44,996 4.16%
Total Charges and Services 55,710$ 44,144$ 43,200$ 25,169$ 43,200$ 44,996$ 4.16%
2150 Total Prosecution 55,710$ 44,144$ 43,200$ 25,169$ 43,200$ 44,996$ 4.16%
2220 Fire
Personnel
101-420-2220-41010 Full-time Salaries 70,680 71,918 72,970 59,802 82,597 85,515 17.19%
101-420-2220-41030 Part-time Salaries 105,487 96,663 97,724 67,638 129,502 228,179 133.49%
101-420-2220-41210 PERA Contributions 14,829 14,699 11,821 12,463 23,020 39,180 231.44%
101-420-2220-41220 FICA Contributions 5,681 6,038 6,059 4,194 4,340 4,340 -28.37%
101-420-2220-41230 Medicare Contributions 2,532 2,364 2,475 1,780 2,400 1,015 -58.99%
101-420-2220-41300 Insurance 14,275 13,673 14,993 12,336 16,448 17,093 14.01%
101-420-2220-41510 Workers Compensation 20,966 12,879 15,000 16,687 17,219 26,481 76.54%
Total Personnel 234,449$ 218,234$ 221,042$ 174,900$ 275,526$ 401,803$ 81.78%
Materials and Supplies
101-420-2220-42000 Office Supplies 1,373 1,444 1,850 1,298 1,500 500 -72.97%
101-420-2220-42080 EMS Supplies 453 888 5,800 3,819 5,800 1,200 -79.31%
101-420-2220-42090 Fire Prevention 142 722 3,000 - 3,000 3,000 0.00%
101-420-2220-42120 Fuel, Oil and Fluids 10,015 7,644 11,000 4,748 7,500 8,000 -27.27%
101-420-2220-42400 Small Tools & Equipment 20,734 10,539 11,700 5,942 11,700 22,675 93.80%
Total Materials and Supplies 32,717$ 21,237$ 33,350$ 15,807$ 29,500$ 35,375$ 6.07%
Charges and Services
101-420-2220-43050 Physicals 5,199 4,221 2,400 3,180 4,300 8,075 236.46%
101-420-2220-43210 Telephone 4,316 3,682 4,200 2,868 4,200 4,200 0.00%
101-420-2220-43230 Radio 20,446 18,917 22,018 12,625 22,018 21,616 -1.83%
101-420-2220-43310 Mileage 578 814 500 - 500 500 0.00%
101-420-2220-43630 Insurance 5,469 7,290 8,300 7,571 8,300 8,549 3.00%
101-420-2220-43810 Utility 14,161 9,520 15,500 9,996 15,500 15,500 0.00%
101-420-2220-43840 Refuse 3,455 2,948 2,400 2,531 3,200 3,200 33.33%
101-420-2220-44010 Repairs/Maint Bldg 5,960 17,938 7,800 7,519 7,800 7,000 -10.26%
101-420-2220-44040 Repairs/Maint Eqpt 25,224 41,975 22,967 35,543 37,000 25,896 12.75%
101-420-2220-44170 Uniforms 1,862 5,255 2,500 3,750 4,000 9,821 292.84%
101-420-2220-44330 Dues & Subscriptions 3,303 3,275 3,733 2,955 3,500 3,955 5.95%
101-420-2220-44350 Books - 230 220 180 280 440 100.00%
101-420-2220-44370 Conferences & Training 8,775 17,663 19,891 10,504 16,000 22,514 13.19%
Total Charges and Services 98,750$ 133,727$ 112,429$ 99,223$ 126,598$ 131,266$ 16.75%
Capital Outlay
101-420-2220-45500 Vehicle - - - 64 64 - #DIV/0!
Total Capital Outlay -$ -$ -$ 64$ 64$ -$ #DIV/0!
Miscellaneous
101-420-2220-44300 Miscellaneous 2,721 2,290 2,000 1,125 2,000 2,000 0.00%
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
7
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
Total Miscellaneous 2,721$ 2,290$ 2,000$ 1,125$ 2,000$ 2,000$ 0.00%
2220 Total Fire 368,637$ 375,488$ 368,821$ 291,118$ 433,688$ 570,444$ 54.67%
2250 Fire Relief
Charges and Services
101-420-2250-44920 Fire State Aid 58,166 59,136 47,000 - 47,000 47,000 0.00%
Total Charges and Services 58,166$ 59,136$ 47,000$ -$ 47,000$ 47,000$ 0.00%
2250 Total Fire Relief 58,166$ 59,136$ 47,000$ -$ 47,000$ 47,000$ 0.00%
2400 Building Inspection
Personnel
101-420-2400-41010 Full-time Salaries 99,174 167,498 232,801 199,023 265,364 272,754 17.16%
101-420-2400-41210 PERA Contributions 7,250 12,102 15,132 14,927 19,902 20,457 35.19%
101-420-2400-41220 FICA Contributions 5,834 10,062 14,434 12,340 16,453 16,911 17.16%
101-420-2400-41230 Medicare Contributions 1,365 2,353 3,376 2,886 3,848 3,955 17.15%
101-420-2400-41300 Insurance 18,264 24,554 42,432 40,555 54,074 53,002 24.91%101-420-2400-41510 Workers Compensation 2,828 1,260 4,800 794 2,091 2,149 -55.23%
Total Personnel 134,714$ 217,830$ 312,975$ 270,525$ 361,732$ 369,228$ 17.97%
Materials and Supplies
101-420-2400-42000 Office Supplies 690 1,602 1,750 1,641 1,750 1,750 0.00%
101-420-2400-42030 Printed Forms 154 - 350 - 350 350 0.00%
101-420-2400-42120 Fuel, Oil and Fluids 1,014 521 3,600 2,086 3,000 3,600 0.00%
Total Materials and Supplies 1,858$ 2,122$ 5,700$ 3,727$ 5,100$ 5,700$ 0.00%
Charges and Services
101-420-2400-43030 Engineering 6,289 2,465 6,000 248 1,500 1,000 -83.33%
101-420-2400-43180 Information Technology/Web 3,875 6,010 - 5,674 8,500 7,405 #DIV/0!
101-420-2400-43210 Telephone 758 1,912 1,800 1,911 2,100 2,500 38.89%
101-420-2400-43630 Insurance 136 178 400 185 400 400 0.00%
101-420-2400-44040 Repairs/Maint Eqpt 1,253 965 1,000 786 1,000 1,000 0.00%
101-420-2400-44170 Uniforms 241 80 1,200 684 1,200 1,200 0.00%
101-420-2400-44330 Dues & Subscriptions 385 185 740 310 740 740 0.00%
101-420-2400-44350 Books 1,692 870 500 345 500 500 0.00%
101-420-2400-44370 Conferences & Training 1,095 2,596 4,825 870 3,500 4,825 0.00%
Total Charges and Services 15,726$ 15,261$ 16,465$ 11,013$ 19,440$ 19,570$ 18.86%
Capital Outlay
101-420-2400-45500 Vehicle - - - - - 24,000 #DIV/0!
Total Capital Outlay -$ -$ -$ -$ -$ 24,000$ #DIV/0!
Miscellaneous
101-420-2400-44300 Miscellaneous 1,564 266 845 3,793 3,900 1,000 18.34%
Total Miscellaneous 1,564$ 266$ 845$ 3,793$ 3,900$ 1,000$ 18.34%
2400 Total Building Inspection 153,862$ 235,479$ 335,985$ 289,057$ 390,172$ 419,498$ 24.86%
2500 Emergency Communications
Charges and Services
101-420-2500-43150 Contract Services 3,745 4,945 5,395 900 5,395 1,780 -67.01%
Total Charges and Services 3,745$ 4,945$ 5,395$ 900$ 5,395$ 1,780$ -67.01%
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
8
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
2500 Total Emergency Communications 3,745$ 4,945$ 5,395$ 900$ 5,395$ 1,780$ -67.01%
2700 Animal Control
Charges and Services101-420-2700-43150 Contract Services 5,725 3,086 7,725 6,112 7,725 7,725 0.00%
Total Charges and Services 5,725$ 3,086$ 7,725$ 6,112$ 7,725$ 7,725$ 0.00%
2700 Total Animal Control 5,725$ 3,086$ 7,725$ 6,112$ 7,725$ 7,725$ 0.00%
3100 Public Works
Personnel
101-430-3100-41010 Full-time Salaries 134,875 253,303 238,857 218,227 299,044 325,079 36.10%
101-430-3100-41030 Part-time Salaries 2,429 - 9,680 3,395 7,200 9,360 -3.31%
Safety Clothing Allowance - - - - 971 971 #DIV/0!
101-430-3100-41210 PERA Contributions 10,351 18,494 18,640 16,232 22,303 24,081 29.19%
101-430-3100-41220 FICA Contributions 8,081 15,066 13,312 13,381 18,987 20,735 55.76%
101-430-3100-41230 Medicare Contributions 1,890 3,524 3,604 3,130 4,441 4,849 34.54%
101-430-3100-41300 Insurance 36,238 44,655 42,141 47,064 62,752 62,796 49.01%
101-430-3100-41510 Workers Compensation 19,017 12,028 14,000 14,990 18,455 19,749 41.06%
Total Personnel 212,880$ 347,071$ 340,234$ 316,419$ 434,153$ 467,620$ 37.44%
Materials and Supplies
101-430-3100-42000 Office Supplies 350 1,666 2,000 598 2,000 800 -60.00%
101-430-3100-42120 Fuel, Oil and Fluids 26,146 24,049 30,000 20,296 27,000 28,500 -5.00%
101-430-3100-42150 Operating Supplies 2,151 2,431 3,000 2,017 2,800 2,000 -33.33%
101-430-3100-42210 Repair/Maint. Supplies 6,308 3,964 10,350 6,980 9,000 12,750 23.19%
101-430-3100-42240 Street Maintenance & Landscaping - Materials 20,203 16,112 445,000 - 20,000 20,000 -95.51%
101-430-3100-42250 Street Maintenance 185,950 258,223 - 219,004 425,000 425,000 #DIV/0!
101-430-3120-42260 Street Signs 378 2,389 3,000 3,404 3,500 5,000 66.67%
101-430-3125-42290 Sand/Salt 73,780 49,616 65,000 74,202 74,202 75,000 15.38%
101-430-3100-42400 Small Tools & Minor Equipment 5,634 2,788 3,000 3,633 3,800 8,000 166.67%
101-430-3100-44375 Personal Protection Equipment - 1,465 2,400 1,498 2,000 2,800 16.67%
Total Materials and Supplies 320,900$ 362,703$ 563,750$ 331,632$ 569,302$ 579,850$ 2.86%
Charges and Services
101-430-3100-43030 Engineering Services 10,384 4,676 4,800 1,886 2,500 4,800 0.00%
101-430-3100-43150 Contract Services 20,098 24,156 24,350 16,584 22,000 24,500 0.62%
101-430-3100-43210 Telephone 7,344 7,347 7,800 4,942 6,800 7,800 0.00%
101-430-3100-43230 Radio 1,236 1,236 1,300 600 1,300 24,000 1746.15%
101-430-3100-43630 Insurance 11,914 15,105 17,000 15,688 17,000 19,000 11.76%
101-430-3100-43810 Utilities 46,717 34,935 54,400 38,367 54,400 52,000 -4.41%
101-430-3100-43840 Refuse 2,811 2,407 2,625 1,395 2,800 3,000 14.29%
101-430-3100-44010 Repairs/Maint Bldg.5,604 10,996 4,000 8,143 10,000 21,000 425.00%
101-430-3100-44030 Repairs/Maint Imp Other Than Bldg.590 165 500 1,203 1,500 1,500 200.00%
101-430-3100-44040 Repairs/Maint Equip 27,514 25,364 20,900 9,369 26,000 34,000 62.68%
101-430-3100-44130 Equipment Rental - - - - - 2,000 #DIV/0!
101-430-3100-44170 Uniforms 3,095 5,886 5,000 4,925 6,500 7,500 50.00%
101-430-3100-44330 Dues & Subscriptions 275 294 600 498 750 600 0.00%
101-430-3100-44370 Conferences & Training 3,187 3,889 4,800 2,092 4,000 4,800 0.00%
101-430-3100-44380 Clean-up Days 5,564 9,557 10,212 14,256 14,256 - -100.00%
Total Charges and Services 146,332$ 146,012$ 158,287$ 119,948$ 169,806$ 206,500$ 30.46%
Capital Outlay
101-430-3100-45500 Capital Purchases - - - - - 145,000 #DIV/0!
Total Capital Outlay -$ -$ -$ -$ -$ 145,000$ #DIV/0!
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
9
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
Miscellaneous
101-430-3100-44300 Miscellaneous 2,534 762 1,450 631 1,200 1,800 24.14%
Total Miscellaneous 2,534$ 762$ 1,450$ 631$ 1,200$ 1,800$ 24.14%
3100 Total Public Works 682,647$ 856,548$ 1,063,721$ 768,630$ 1,174,461$ 1,400,770$ 31.69%
5200 Parks & Recreation
Personnel
101-450-5200-41010 Full-time Salaries 129,189 70,421 77,429 43,048 63,533 99,036 27.91%
101-450-5200-41030 Part-time Salaries 21,629 30,934 48,000 20,969 25,000 28,080 -41.50%
Safety Clothing Allowance - - - - 236 236 #DIV/0!
101-450-5200-41210 PERA Contributions 9,666 5,798 6,162 3,351 4,571 7,428 20.55%
101-450-5200-41220 FICA Contributions 8,964 6,027 7,777 3,835 6,794 7,857 1.03%
101-450-5200-41230 Medicare Contributions 2,096 1,410 1,819 897 1,595 1,843 1.32%
101-450-5200-41300 Insurance 18,135 18,232 19,992 16,197 21,596 18,481 -7.56%
101-450-5200-41510 Workers Compensation 5,391 3,735 4,000 3,956 5,018 7,419 85.48%
Total Personnel 195,071$ 136,556$ 165,179$ 92,253$ 128,343$ 170,380$ 3.15%
Materials and Supplies
101-450-5200-42000 Office Supplies 172 60 900 304 800 800 -11.11%
101-450-5200-42150 Operating Supplies 1,575 1,338 - 140 1,000 1,000 #DIV/0!
101-450-5200-42160 Chemicals 679 1,057 1,500 576 800 2,000 33.33%
101-450-5200-42210 Repair/Maint. Supplies 4,156 4,505 6,000 3,654 6,000 7,000 16.67%
101-450-5200-42230 Building Repair Supplies 140 619 500 100 500 500 0.00%
101-450-5200-42400 Small Tools & Minor Equipment 2,753 2,365 2,150 2,415 2,500 2,500 16.28%
Total Materials and Supplies 9,475$ 9,944$ 11,050$ 7,188$ 11,600$ 13,800$ 24.89%
Charges and Services
101-450-5200-43210 Telephone 1,283 1,358 1,200 720 1,000 1,200 0.00%
101-450-5200-43630 Insurance 2,301 3,079 3,800 3,198 4,500 5,000 31.58%
101-450-5200-43810 Utilities 8,935 6,446 9,600 6,338 9,000 10,500 9.38%
101-450-5200-43840 Refuse - 20 1,000 1,106 1,200 1,000 0.00%
101-450-5200-44010 Repairs/Maint Bldg 1,294 63 1,800 130 750 2,800 55.56%
101-450-5200-44030 Repairs/Maint Imp Not Bldgs 3,114 2,959 3,000 6,281 8,000 3,200 6.67%
101-450-5200-44040 Repairs/Maint Eqpt 804 2,235 1,500 184 1,000 3,200 113.33%
101-450-5200-44120 Rentals - Buildings 7,232 6,476 6,000 4,384 5,900 7,000 16.67%
101-450-5200-44170 Uniforms 136 67 - 58 100 100 #DIV/0!
101-450-5200-44301 Events - - 5,000 450 2,500 500 -90.00%
101-450-5200-44302 Lakes - - 40,000 4,578 10,000 15,000 -62.50%
101-450-5200-43150 Contract Services - - - 600 1,000 13,000 #DIV/0!
101-450-5200-44370 Conferences & Training - - - - - 1,200 #DIV/0!
101-450-5200-44130 Equipment Rental - - - - - 1,000 #DIV/0!
101-450-5200-44375 Personal Protection Equipment - 341 1,200 1,209 1,300 800 -33.33%
Total Charges and Services 25,099$ 23,044$ 74,100$ 29,236$ 46,250$ 65,500$ -11.61%
Capital Outlay
101-5200-5200-45500 Capital Purchases - - - - - 25,000 #DIV/0!
Total Capital Outlay -$ -$ -$ -$ -$ 25,000$ #DIV/0!
Miscellaneous
101-450-5200-44300 Miscellaneous 889 521 1,200 266 800 1,200 0.00%
Total Miscellaneous 889$ 521$ 1,200$ 266$ 800$ 1,200$ 0.00%
5200 Total Parks & Recreation 230,533$ 170,065$ 251,529$ 128,943$ 186,993$ 275,880$ 9.68%
CITY OF LAKE ELMO
2018 PROPOSED BUDGET
General Fund - December 5, 2017
10
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
9000 Compensation Adjustment
Personnel101-460-9000-41010 Compensation Adjustment - - 35,000 - - - -100.00%
Total Personnel -$ -$ 35,000$ -$ -$ -$ -100.00%
9000 Total Compensation Adjustment -$ -$ 35,000$ -$ -$ -$ -100.00%
Total General Fund Expenditures:3,161,952$ 3,575,683$ 3,951,386$ 2,738,139$ 4,192,136$ 4,670,734$ 18.20%
Total Gen Fund Revs. Over/(Under) Expenditures:485,035$ 800,672$ -$ 295,336$ (0)$ (0)$ #DIV/0!
CITY OF LAKE ELMO
2017 FINAL AND 2018 PROPOSED PROPERTY TAX LEVY
AS OF DECEMBER 5, 2017
INFORMATION SUBJECT TO CHANGE UNTIL FINAL NUMBERS RELEASED BY COUNTY IN 2018.
2017 2018 $ Change % Change
Final Levy Proposed Levy 2017 to 2018 2017 to 2018
TAX CAPACITY BASED TAX LEVY
General Fund 1,818,847$ 2,382,813$ 563,966$ 31.01%
Library 256,957 - (256,957) -100.00%
G.O. Imp. Bonds - Series 2009B 52,959 50,911 (2,048) -3.87%G.O. Imp. Bonds - Series 2010A 57,683 61,206 3,523 6.11%G.O. Cap. Imp. Xover Ref. Bonds - Series 2010B 202,605 204,519 1,914 0.94%
G.O. Imp. Bonds - Series 2011A 74,368 73,254 (1,114) -1.50%
G.O. Imp. Bonds - Series 2012B 62,656 61,141 (1,515) -2.42%
G.O. Imp. Bonds - Series 2014A 207,218 203,045 (4,173) -2.01%
G.O. Imp. Bonds - Series 2015A 17,756 28,683 10,927 61.54%G.O. Imp. Bonds - Series 2016A 199,377 189,419 (9,958) -4.99%G.O. Imp. Bonds - Series 2017A - 341,610 341,610 #DIV/0!- - - #DIV/0!
TAX CAPACITY BASED TAX LEVIES 2,950,426$ 3,596,601$ 646,175$ 21.9011%
Tax Capacity $14,739,232 $15,916,139 7.98%Estimated Tax Capacity Rate 20.018%22.597%12.89%
CITY TAX CAPACITY, PROPERTY TAX LEVIES AND TAX RATES BY YEAR
YEAR TAX CAPACITY TAX LEVY TAX RATE
2013 11,384,320$ 3,163,359$ 27.818%
2014 11,393,889 3,163,359 27.761%
2015 13,072,105 3,137,663 23.798%
2016 13,441,204 3,112,204 23.121%
2017 14,739,232 2,950,426 20.018%
2018 Proposed 15,916,139 3,596,601 22.597%
CITY OF LAKE ELMO
RESIDENTIAL ESTIMATED CITY SHARE OF PROPERTY TAXES
2018 PROPOSED PROPERTY TAX LEVY
21.90% INCREASE
As of 12-5-17
* These are estimated figures at particular price points.
Homes at the price points will not experience these exact changes.
Assessed Market Val.Taxable Taxable Estimated City Tax Dollar Percent
2016 For 2017 For Market Market 2017 2018 Change Change
Pay 2017 Pay 2018 Value 2017 Value 2018
148,200 150,000 124,298 126,260 248.81 285.31 36.50 14.7%
247,000 250,000 231,990 235,260 464.39 531.62 67.24 14.5%
378,300 382,800 375,107 380,012 750.87 858.72 107.85 14.4%
420,000 425,000 420,000 425,000 840.74 960.38 119.65 14.2%
494,100 500,000 494,100 500,000 989.06 1,129.86 140.80 14.2%
592,900 600,000 592,900 600,000 1,233.33 1,412.32 179.00 14.5%
691,700 700,000 691,700 700,000 1,480.54 1,694.79 214.25 14.5%
790,500 800,000 790,500 800,000 1,727.76 1,977.25 249.49 14.4%
900,000 917,836 900,000 917,836 2,001.75 2,310.10 308.35 15.4%
Assumptions:
2017 and 2018 tax capacity rate based on Washington County information.
Tax capacity rates increase from 1% to 1.25% for values over $500,000.
= Median Value Home in Lake Elmo
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-135 RESOLUTION ADOPTING 2018 GENERAL FUND BUDGET, AND AUTHORIZING 2018 FINAL PROPERTY TAX LEVY WHEREAS, The City of Lake Elmo is required by State law to approve a resolution setting forth an annual property tax levy to the Washington County Auditor; and WHEREAS, Minnesota Statutes currently in force require approval of a property tax levy and a budget in December of each year; and
WHEREAS, the City Council has received the budget document; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lake Elmo, that the 2018 General Fund Budget shall be as follows:
2018 Adopted
General Fund Revenues:
Property Taxes $2,382,813
Licenses and Permit 994,400
Intergovernmental 205,896
Charges for Services 611,595
Fines and Forfeits 49,000
Interest on Investments 40,000
Miscellaneous 387,030
Total General Fund Revenues $4,670,734
General Fund Expenditures:
Personnel $2,017,290
Materials and Supplies 743,015
Charges and Services 1,705,988 Capital Outlay 194,000
Miscellaneous 10,441
Total General Fund Expenditures $4,670,734
BE IT FURTHER RESOLVED that the Public Hearing was held on Tuesday
December 5, 2017 at 7:00 p.m.; and BE IT FURTHER RESOLVED that the City Council of the City of Lake Elmo, Washington County, Minnesota, that the following sums of money be levied in 2017, for
collection in 2018 upon the taxable property in said City of Lake Elmo for the following
purposes:
2018
FINAL
TAX CAPACITY BASED TAX LEVY LEVY
General Fund $2,382,813
G.O. Imp. Bonds - Series 2009B 50,911
G.O. Imp. Bonds - Series 2010A 61,206
G.O. Cap. Imp. Xover Ref. Bonds - Series 2010B 204,519
G.O. Imp. Bonds - Series 2011A 73,254
G.O. Imp. Bonds - Series 2012B 61,141
G.O. Imp. Bonds - Series 2014A 203,045
G.O. Imp. Bonds - Series 2015A 28,683
G.O. Imp. Bonds - Series 2016A 189,419
G.O. Imp. Bonds - Series 2017A 341,610
TOTAL LEVY:$3,596,601 And BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and
directed to transmit this information to the County Auditor of Washington County, Minnesota
and the Minnesota Department of Revenue, if applicable, in the format requested as required by law. ADOPTED, by the Lake Elmo City Council on the 5th day of December, 2017.
______________________________
Mike Pearson Mayor ATTEST:
__________________________________ Julie Johnson
City Clerk
STAFF REPORT
DATE: December 5, 2017
REGULAR
ITEM #16
TO: Honorable Mayor and City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: 2018 Utility Budgets – Resolution 2017-136 REVIEWED BY: Kristina Handt – City Administrator
BACKGROUND: The Finance Committee has been working on developing the Proposed 2018 Water, Sewer, and Storm Water Fund (utility) budgets for the last few months. Council reviewed them briefly during a joint meeting in August. The Finance Committee finalized their recommendations for the utility budgets at their October meeting and recommended consideration and approval by the City Council. The City Council reviewed the Proposed 2018 Utility Budgets and Rates on November 14th at the workshop and
directed staff to bring each of them back for consideration and approval. Process for this evening: 1) Information presented pertains to the Proposed 2018 Water, Sewer and Storm Water Fund Budgets.
2) Based on upon the results of the information provided and discussion, the City Council can consider the resolution adopting the 2018 Water, Sewer and Storm Water Fund Budgets attached to this report.
3) The detailed fee schedule will be part of the 2018 Fee Schedule agenda item for the City Council
to consider for adoption, which includes an ordinance and resolution. ISSUES BEFORE THE CITY COUNCIL: 1) Does the City Council have any questions about the Proposed 2018 Utility Fund Budgets?
2) Does the City Council desire to approve the Proposed 2018 Water, Sewer and Storm Water Budgets?
DISCUSSION: Attachment #1 includes the detailed Proposed 2018 Water, Sewer and Storm Water Budgets.
Revenues: The revenues for the funds are from the Utility Financial Management Plan presented by Northland Securities at the October 3rd regular City Council meeting. These assumptions are based upon the increased rates recommended in the report as well. In summary, here are the proposed rate increases:
1) Water Fund – Proposed three percent (3%) rate increase across the base and variable rates compared from the 2017 Adopted to 2018 Proposed. Water Availability Charge (WAC) and the Water Connection Charge would remain the same.
2) Sewer Fund – Proposed one percent (1%) rate increase for the commercial usage, residential usage, and residential base fee, compared from the 2017 Adopted to 2018 Proposed. Sewer Availability Charge (SAC) and the Sewer Connection Charge would remain the same. 3) Storm Water Fund – Service fee would increase by five dollars ($5.00) from the 2017 Adopted to 2018 Proposed. Expenses: Water Fund:
• Water Meter and Supplies: includes the purchase of 250 meters to continue the meter change out program to address old and failing meters at a cost of approximately $47,000.
• Small Tools & Equipment: includes $3,000 for a generator for water tower #3.
• Legal Services: increase of $150,000 due to reassignment of 3M litigation costs.
• Contract Services: contract for updating wellhead protection program as required by the state and
contract for Finance Director services totaling a $33,400 increase.
• Software Support: increase of approximately $27,500 for new finance software upgrades approved
by Council as well as ongoing IT costs.
• Water Utility: expect to be off Oakdale water by January so no costs proposed for this line item.
• Capital Outlay: utility vehicle replacement and water main oversizing costs totaling $137,500.
• Depreciation: removed since Capital Improvement Plan costs account for it.
• Bond Principal and Interest: increase of approximately $737,000 for debt service.
Sewer Fund:
• Small Tools & Equipment: reduced from last draft to remove all but necessary equipment for confined space maintenance tasks.
• Contract Services: increase of approximately $16,000 for Finance Director contract.
• Software Support: increase of approximately $28,000 for new finance software upgrades
approved by Council as well as ongoing IT costs.
• Sewer Utility-Met Council: this is the cities operations charge. Increase of approximately $48,000 is due to increase in customer volume.
• Capital Outlay: utility vehicle replacement (1/2 in water) and sewer main oversizing costs totaling $85,000.
• Depreciation: removed since Capital Improvement Plan costs account for it.
• Bond Principal and Interest: increase of approximately $343,000 for debt service.
Storm Water Expenses:
• Repair/Maintenance Supplies and Small Tools: increased by $3,500.
• Contract Services: Finance Director contract increase of approximately $7,000.
• Software Support: increase of approximately $7,000 for new finance software upgrades approved
by Council as well as ongoing IT costs.
• Street Sweeping: 2nd street sweeping added at a cost of $5,000.
• Capital Outlay: surface water plan required with Comp Plan update of approximately $20,000.
• Depreciation: removed since Capital Improvement Plan costs account for it.
• Bond Principal and Interest: increase of approximately $156,000 for debt service.
FISCAL IMPACT: The 2018 Proposed Utility Budgets will help support necessary city services to be provided in 2018. In addition, consideration of the impact of the decisions made today will help the City plan for the future with
the goal of sound fiscal management. RECOMMENDATION: 1) Motion to Adopt Resolution No. 2017-136 Adopting the 2018 Water, Sewer and Storm Water Fund Budgets.
ATTACHMENTS: 1) 2018 Proposed Utility Fund Budgets – 12-5-17 2) Resolution No. 2017-136 Adopting the 2018 Water, Sewer and Storm Water Fund Budgets
CITY OF LAKE ELMO
2018 PROPOSED BUDGETS
Utility Funds - December 5, 2017
1
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
601 Water Fund
Water Fund Revenues:
601-000-0000-33422 PERA Pension Revenue - 525 - - - - #DIV/0!
601-000-0000-33426 Miscellaneous State Grants - 3,433,298 - - - - #DIV/0!
601-000-0000-36100 Special Assessments - 11,334 16,950 9,320 16,950 111,077 555.32%
601-000-0000-36205 Refunds and Reimbursements - - - 62 75 - #DIV/0!
601-000-0000-36210 Interest on Investments 26,985 13,987 20,000 - 20,000 20,000 0.00%
601-000-0000-37100 Water Sales 440,322 275,019 543,689 360,314 489,139 597,769 9.95%
601-000-0000-37120 Bulk Water 1,241 5,423 2,000 448 2,000 2,000 0.00%
601-000-0000-37140 Water Access Revenue 66,000 979,500 1,509,000 1,231,400 1,509,000 960,000 -36.38%
601-000-0000-37150 Water Connections - Municipal 1,237,500 244,500 369,000 338,147 369,000 320,000 -13.28%
601-000-0000-37170 Meter Sales 55,435 244,260 68,000 90,867 100,000 87,500 28.68%
601-000-0000-37180 Tower Rent 49,742 52,526 - - - - #DIV/0!601-000-0000-39210 Transfer In - (59,872) - - - - #DIV/0!
Total Water Fund Revenues:1,877,225$ 5,200,500$ 2,528,639$ 2,030,558$ 2,506,164$ 2,098,346$ -17.02%
Water Fund Expenses:
Personnel
601-494-9400-41010 Full-time Salaries 92,578 127,902 144,184 88,793 117,335 105,194 -27.04%
Safety Clothing Allowance - - - - 193 193 #DIV/0!
601-494-9400-41210 PERA Contributions 8,615 15,792 10,814 6,652 8,800 7,590 -29.81%
601-494-9400-41220 FICA Contributions 5,498 7,346 9,012 5,322 7,275 6,497 -27.91%
601-494-9400-41230 Medicare Contributions 1,286 1,718 2,091 1,245 1,701 1,525 -27.07%
601-494-9400-41300 Insurance 18,199 29,467 28,837 14,429 19,894 21,743 -24.60%
601-494-9400-41301 Unemployment Insurance - - - - 1,093 683 #DIV/0!601-494-9400-41510 Workers Compensation 2,472 1,904 5,767 3,980 5,526 5,884 2.03%
Total Personnel 128,647$ 184,130$ 200,705$ 120,421$ 161,817$ 149,309$ -25.61%
Materials and Supplies
601-494-9400-42000 Office Supplies 1,933 771 700 579 700 800 14.29%
601-494-9400-42030 Printed Forms 239 499 750 247 550 750 0.00%
601-494-9400-42150 Operating Supplies - - - - - 1,000 #DIV/0!
601-494-9400-42160 Chemicals 1,473 3,157 13,000 3,587 10,000 13,000 0.00%
601-494-9400-42210 Repair/Maint. Supplies 25,257 25,014 25,000 2,080 20,000 26,000 4.00%
601-494-9400-42300 Water Meters & Supplies 82,343 105,477 85,000 117,435 125,000 132,000 55.29%
601-494-9400-44375 Personal Protective Equipment - - - - - 800 #DIV/0!
601-494-9400-42400 Small Tools & Minor Equipment 5,016 3,955 5,000 1,908 3,500 8,300 66.00%
Total Materials and Supplies 116,263$ 138,874$ 129,450$ 125,836$ 159,750$ 182,650$ 41.10%
Charges and Services
601-494-9400-43030 Engineering Services 14,725 - 20,000 14,909 20,000 20,000 0.00%
601-494-9400-43040 Legal Services 388 2,323 5,000 93,738 125,000 155,000 3000.00%
601-494-9400-43150 Contract Services 16,305 7,459 14,000 20,622 40,000 47,400 238.57%
601-494-9400-43180 Software Support 4,774 5,556 9,600 10,088 16,479 37,133 286.81%
601-494-9400-43210 Telephone 775 793 800 504 800 800 0.00%
601-494-9400-43220 Postage 2,500 1,800 1,880 (1,322) 750 2,000 6.38%
601-494-9400-43310 Mileage - 189 - - - - #DIV/0!
601-494-9400-43610 Insurance 6,799 8,975 10,000 9,322 10,000 12,000 20.00%
601-494-9400-43810 Electric Utility 33,410 34,392 30,000 35,523 45,000 45,000 50.00%
601-494-9400-43820 Water Utility 107,029 144,932 - 177,093 210,000 - #DIV/0!
601-494-9400-44030 Repairs\Maint Imp Not Bldgs 7,116 8,617 10,000 4,735 8,000 20,000 100.00%
Repairs/Maint. Equip.- - - - - 8,000 #DIV/0!
Repairs\Maint Imp Bldgs - - - - - 2,000 #DIV/0!
CITY OF LAKE ELMO
2018 PROPOSED BUDGETS
Utility Funds - December 5, 2017
2
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
Equipment Rental - - - - - 1,000 #DIV/0!
601-494-9400-44370 Conferences & Training 460 103 1,500 1,118 1,500 2,000 33.33%
Total Charges and Services 194,281$ 215,140$ 102,780$ 366,330$ 477,529$ 352,333$ 242.80%
Capital Outlay
601-494-9400-45300 Improvments Other Than Bldgs 42 - - 22,430 22,430 137,500 #DIV/0!
Total Capital Outlay 42$ -$ -$ 22,430$ 22,430$ 137,500$ #DIV/0!
Miscellaneous and Non-operating
601-494-9400-43320 Depreciation Expense 557,626 612,353 598,971 - - - -100.00%
601-494-9400-44300 Miscellaneous 188 3,178 2,000 2,423 2,600 2,000 0.00%
601-494-9400-46010 Bond Principal 0 - - 279,663 485,000 710,000 #DIV/0!
601-494-9400-46110 Bond Interest 351,742 241,142 273,321 235,319 273,321 300,775 10.04%
601-494-9400-46200 Fiscal Agent Fees - Bond Payments 1,189 16,014 800 180 800 856 7.00%
601-494-9400-46250 Fiscal Agent Fees - Bond Issuance (11,720) - 53,811 - - - -100.00%
601-494-9400-47200 Transfer Out - 40,427 - - - - #DIV/0!
Total Misc. and Non-operating 899,025$ 913,113$ 928,903$ 517,584$ 761,721$ 1,013,631$ 9.12%
Total Water Fund Expenses:1,338,258$ 1,451,257$ 1,361,838$ 1,152,601$ 1,583,247$ 1,835,423$ 34.78%
Total Water Fund Revs. Over/(Under) Expenses:538,967$ 3,749,243$ 1,166,801$ 877,957$ 922,917$ 262,923$ -77.47%
CITY OF LAKE ELMO
2018 PROPOSED BUDGETS
Utility Funds - December 5, 2017
3
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
602 Sewer Fund
Sewer Fund Revenues:
602-000-0000-36100 Special Assessments - 21,073 62,133 33,535 62,133 77,874 25.33%
602-000-0000-36210 Interest on Investments 9,929 14,584 12,699 - 15,000 20,000 57.49%
602-000-0000-37200 Sewer Sales 61,920 120,974 177,228 96,416 177,228 247,599 39.71%
602-000-0000-37220 SAC Early Pay discount/revenue 3,227 8,474 - 5,168 5,800 5,800 #DIV/0!
602-000-0000-37240 Sewer Connecton Fee Revenue 63,000 803,000 1,462,000 1,267,620 1,462,000 908,700 -37.85%
602-000-0000-37250 Sewer Connection Fees Regional - - - - - - #DIV/0!
602-000-0000-37260 Sewer Connection Fees Municipal 1,394,920 383,500 466,500 388,480 466,500 345,500 -25.94%
Total Sewer Fund Revenues:1,532,996$ 1,351,605$ 2,180,560$ 1,791,219$ 2,188,661$ 1,605,473$ -26.37%
Sewer Fund Expenses:
Personnel
602-495-9450-41010 Full-time Salaries 37,161 39,678 65,606 21,398 35,222 66,250 0.98%
Safety Clothing Allowance - - - - 123 123 #DIV/0!
602-495-9450-41210 PERA Contributions 3,453 4,270 4,920 1,600 2,650 4,669 -5.10%
602-495-9450-41220 FICA Contributions 2,254 1,987 4,068 1,282 2,185 4,058 -0.25%
602-495-9450-41230 Medicare Contributions 527 464 951 300 510 961 1.05%
602-495-9450-41300 Insurance 6,217 8,352 13,121 5,342 10,345 10,744 -18.12%
Unemployment Insurance - - - - 546 342 #DIV/0!602-495-9450-41510 Workers Compensation 1,663 989 2,625 2,004 3,032 3,274 24.72%
Total Personnel 51,274$ 55,739$ 91,291$ 31,926$ 54,613$ 90,421$ -0.95%
Materials and Supplies
602-495-9450-42270 Repair/Maint. Supplies 1,910 5,873 1,000 1,214 1,500 4,000 300.00%
Office Supplies - - - - - 800 #DIV/0!
Operating Suppies - - - - - 1,000 #DIV/0!
Personal Protective Equipment - - - - - 800 #DIV/0!
602-495-9450-42400 Small Tools & Minor Equipment (984) 2,860 500 2,344 2,800 5,500 1000.00%
Total Materials and Supplies 926$ 8,732$ 1,500$ 3,558$ 4,300$ 12,100$ 706.67%
Charges and Services
602-495-9450-43030 Engineering Services 14,511 - 20,000 4,429 8,000 20,000 0.00%
602-495-9450-43150 Contract Services 3,085 8,059 5,000 32,200 37,000 21,400 328.00%
602-495-9450-43180 Software Support 4,071 4,591 6,000 10,088 18,479 33,533 458.89%
602-495-9450-43210 Telephone 992 1,008 1,500 828 1,200 1,500 0.00%
602-495-9450-43220 Postage - - 1,175 - 1,175 0.00%
602-495-9450-43310 Mileage - - 100 - - -100.00%
602-495-9450-43610 Insurance 185 581 2,000 603 1,000 2,000 0.00%
602-495-9450-43810 Electric Utility 4,621 5,125 5,000 3,985 5,000 5,500 10.00%
602-495-9450-43820 Sewer Utility - Met Council 17,592 16,621 44,514 34,814 44,514 92,140 106.99%
Repairs/Maint. Equip.- - - - - 4,500 #DIV/0!
Equipment Rental - - - - - 1,000 #DIV/0!
602-495-9450-44030 Repairs\Maint Imp Not Bldgs 1,131 1,391 1,200 31,835 33,000 1,200 0.00%
602-495-9450-44370 Conferences & Training 23 80 1,500 3,285 3,600 2,000 33.33%
Total Charges and Services 46,212$ 37,456$ 87,989$ 122,068$ 151,793$ 185,948$ 111.33%
Capital Outlay
602-495-9450-45300 Improvements Other Than Bldgs - - - - 1,289,000 85,000 #DIV/0!
Total Capital Outlay -$ -$ -$ -$ 1,289,000$ 85,000$ #DIV/0!
Miscellaneous and Non-operating
602-495-9450-43320 Depreciation Expense 42,224 132,265 86,561 - - - -100.00%
602-495-9450-44300 Miscellaneous Expenses - 26,036 300 310 310 300 0.00%
CITY OF LAKE ELMO
2018 PROPOSED BUDGETS
Utility Funds - December 5, 2017
4
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
602-495-9450-46010 Bond Principal 0 - - 220,000 220,000 275,000 #DIV/0!
602-495-9450-46110 Bond Interest 107,089 116,715 85,337 124,318 124,318 195,324 128.89%
602-495-9450-46250 Fiscal Agent Fees (3,587) 3,707 42,313 - - - -100.00%602-495-9450-47200 Transfer Out - 102,678 - - - - #DIV/0!
Total Misc. and Non-operating 145,726$ 381,401$ 214,511$ 344,628$ 344,628$ 470,624$ 119.39%
Total Sewer Fund Expenses:244,139$ 483,328$ 395,291$ 502,179$ 1,844,335$ 844,092$ 113.54%
Total Sewer Fund Revs. Over/(Under) Expenses:1,288,857$ 868,277$ 1,785,269$ 1,289,039$ 344,326$ 761,381$ -57.35%
CITY OF LAKE ELMO
2018 PROPOSED BUDGETS
Utility Funds - December 5, 2017
5
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
603 Storm Water Fund
Storm Water Fund Revenues:
603-000-0000-36100 Special Assessments - - 5,000 - - - -100.00%
603-000-0000-36210 Interest on Investment 2,844 15,933 2,603 - 14,000 7,000 168.92%
603-000-0000-37100 Surface Water Utility Sales 219,127 185,858 282,360 185,598 282,360 283,587 0.43%
603-000-0000-37140 SW Review Fee Revenue - 27,375 29,375 29,350 35,000 29,375 0.00%
Total Storm Water Fund Revenues:221,971$ 229,166$ 319,338$ 214,948$ 331,360$ 319,962$ 0.20%
Storm Water Fund Expenses:
Personnel
603-496-9500-41010 Full-time Salaries 23,599 20,591 36,630 10,174 14,553 34,273 -6.43%
Safety Clothing Allowance - - - - 53 53 #DIV/0!
603-496-9500-41210 PERA Contributions 2,179 2,408 2,747 756 1,091 2,570 -6.44%
603-496-9500-41220 FICA Contributions 1,378 1,129 2,271 602 903 2,099 -7.57%
603-496-9500-41230 Medicare Contributions 322 264 531 141 211 497 -6.40%
603-496-9500-41300 Insurance 8,209 5,856 7,326 5,165 6,887 6,275 -14.35%
Unemployment Insurance - - - - 546 342 #DIV/0!
603-496-9500-41510 Workers' Compensation 221 - 1,465 1,150 1,290 1,361 -7.10%
Total Personnel 35,908$ 30,247$ 50,970$ 17,988$ 25,534$ 47,470$ -6.87%
Materials and Supplies
603-496-9500-42000 Office Supplies 1,933 499 500 247 500 800 60.00%
603-496-9500-42270 Repair/Maint. Maint Supplies 551 3,972 1,000 44 750 2,000 100.00%
Operating Supplies - - - - - 1,000 #DIV/0!
Personal Protective Equipment - - - - - 800 #DIV/0!
603-496-9500-42400 Small Tools & Minor Equipment 200 - 1,000 329 1,000 3,500 250.00%
Total Materials and Supplies 2,685$ 4,471$ 2,500$ 620$ 2,250$ 8,100$ 224.00%
Charges and Services
603-496-9500-43030 Engineering Services 20,332 11,827 20,000 4,875 8,000 20,000 0.00%
603-496-9500-43150 Contract Services 9,941 2,400 10,000 7,270 20,000 17,200 72.00%
603-496-9500-43180 Software Support 3,617 4,067 8,400 5,426 15,140 15,500 84.52%
603-496-9500-43220 Postage 1,500 1,800 1,645 - 700 2,000 21.58%
603-496-9500-43610 Insurance - - 1,500 - 1,500 1,500 0.00%
603-496-9500-44010 Street Sweeping 10,438 10,318 20,000 14,842 18,000 25,000 25.00%
Repairs/Maint Equip - - - - - 1,000 #DIV/0!
603-496-9500-44030 Repairs/Maint Not Bldg - 1,368 3,000 - 2,000 3,000 0.00%
Equipment Rental - - - - - 1,000 #DIV/0!
603-496-9500-44370 Conferences & Training 2,265 2,500 2,500 1,250 1,000 2,500 0.00%
Total Charges and Services 48,094$ 34,280$ 67,045$ 33,662$ 66,340$ 88,700$ 32.30%
Capital Outlay603-496-9500-45300 Improvements Other Than Bldgs - - 20,000 - 20,000 40,000 100.00%
Total Capital Outlay -$ -$ 20,000$ -$ 20,000$ 40,000$ 100.00%
Miscellaneous and Non-operating
603-496-9500-43320 Depreciation Expense 15,963 15,963 85,090 - -100.00%
603-496-9500-44300 Miscellaneous Expenses - 20,577 400 677 1,000 2,000 400.00%
603-496-9500-46010 Bond Principal - - - - - 160,000 #DIV/0!
603-496-9500-46110 Bond Interest - 44,765 62,171 62,171 62,171 58,294 -6.24%
Total Misc. and Non-operating 15,963$ 81,305$ 147,661$ 62,848$ 63,171$ 220,294$ 49.19%
Total Storm Water Fund Expenses:102,649$ 150,303$ 288,176$ 115,119$ 177,295$ 404,563$ 40.39%
CITY OF LAKE ELMO
2018 PROPOSED BUDGETS
Utility Funds - December 5, 2017
6
Adopted 2017 to
2015 2016 2017 2017 2017 2018 Proposed 2018
Account Number Description Actual Actual Adopted YTD - Sept. 30 Projected Proposed Percent Change
Total Storm Water Fund Revs. Over/(Under) Expenses:119,322$ 78,863$ 31,162$ 99,829$ 154,065$ (84,601)$ -371.49%
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-136 RESOLUTION ADOPTING 2018 WATER, SEWER AND STORM WATER FUND BUDGETS WHEREAS, The City of Lake Elmo is to approve a resolution setting forth an annual budget for the Water, Sewer and Storm Water Funds; and WHEREAS, the City Council has received the budget document; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lake Elmo, that the 2018 Water, Sewer and Storm Water Fund Budgets shall be as follows:
2018 Water 2018 Sewer 2018 Storm Adopted Adopted Adopted
Fund Revenues: Charges for Services $ 599,769 $ 253,399 $312,962 Connections 1,280,000 1,254,200 -
Special Assessments 111,077 77,874 -
Miscellaneous 87,500 - -
Interest on Investments 20,000 20,000 7,000
Total Fund Revenues $2,098,346 $1,605,473 $319,962
Fund Expenses:
Personnel $ 149,309 $ 90,421 $ 47,470
Materials and Supplies 182,650 12,100 8,100 Charges and Services 352,333 185,947 88,700 Capital Outlay 137,500 85,000 40,000 Miscellaneous 1,013,631 470,624 220,293
Total Fund Expenses $1,835,423 $844,092 $404,563 ADOPTED, by the Lake Elmo City Council on the 5th day of December, 2017.
______________________________ Mike Pearson
Mayor ATTEST: __________________________________
Julie Johnson City Clerk
STAFF REPORT
DATE: December 5, 2017
REGULAR
ITEM # 17
TO: Honorable Mayor and City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: 2018 Fee Schedule REVIEWED BY:
BACKGROUND:
Based on a previous City Council item on the 2018 Utility Budgets, staff outlined that fee adjustments would be brought forth for City Council consideration. As such, the City’s 2018 Fee Schedule will need to be adopted if the fee adjustments are approved.
ISSUES BEFORE THE CITY COUNCIL:
1) Does the City Council have any questions regarding the 2018 Proposed Utility Rates? 2) Does the City Council have any questions regarding the change to the new sod installation credit or removal of the bulk water swimming pool fill?
3) Would the City Council desire to approve the 2018 Fee Schedule? DISCUSSION: Since the last fee schedule amendment on September 5, 2017, the only fee changes being proposed pertain to utilities, which are from the Utility Financial Management Plan presented by Northland
Securities at the October 3rd regular City Council meeting and City Council direction at the November 14th workshop. Below are some basic recommendations:
1) Water Fund – Proposed three percent (3%) rate increase across the base and variable rates compared from the 2017 Adopted to 2018 Proposed. Water Availability Charge (WAC) and the Water Connection Charge would remain the same.
2) Sewer Fund – Proposed one percent (1%) rate increase for the commercial usage, residential usage, and residential base fee, compared from the 2017 Adopted to 2018
Proposed. Sewer Availability Charge (SAC) and the Sewer Connection Charge would remain the same.
3) Storm Water Fund – Service fee would increase by five dollars ($5.00) from the 2017 Adopted to 2018 Proposed. Other Water Fund Changes – New Sod Installation and Swimming Pool Fill From the November 14th workshop, the City Council discussed the new sod installation and swimming
pool bulk water purchases, with the former asking for a staff recommendation, and the latter providing direction. As such, here is information pertaining to each:
1) New Sod Installation – Based on City Council discussion, staff is recommending a one-time $40.00 credit be applied to the utility bill at the time of the sod installation for customers that contact the City requesting it. This recommendation is derived from the average credit applied in
2017 to customers of $41.59. 2) Swimming Pool Fill – Per City Council direction, staff is eliminating the bulk water swimming
pool fill fee. Water will now be billed based on the actual usage and whichever tier the usage corresponds to. Attachment #1 outlines the complete list of utility changes being proposed to the fee schedule, which is consistent with the attached 2018 Fee Schedule. Attachment #2 outlines a sample residential property owner not on the 201 system, who has water, sewer and storm water charges, comparing the existing 2017 Utility rates to the 2018 Proposed Utility rates. Based on the attachment, the sample residential property not on the 201 system would see an annual total increase of $17.24.
FISCAL IMPACT: By adopting the utility rates prosed in the 2018 Fee Schedule, this will be consistent with the long range
financial management plan for the utility funds and working to achieve long-term sustainability. Regular review of the plan and utility rates are crucial to achieving the goal of long-term sustainability in the Water, Sewer and Storm Water funds for the City.
RECOMMENDATION: 1) Approve Ordinance 08-191, adopted the 2018 City of Lake Elmo Fee Schedule. 2) Adopt Resolution 2017-137 Authorizing Publication of Ordinance 08-191 By Title and Summary. ATTACHMENTS: 1) 2017 Adopted and 2018 Proposed Utility Rates 2) 2018 Proposed Utility Rates – Impact on Non-201 Residential Property 3) Ordinance 08-191, amending the 2018 City of Lake Elmo Fee Schedule. 4) Resolution 2017-137 Authorizing Publication of Ordinance 08-191 By Title and Summary. 5) 2018 City of Lake Elmo Fee Schedule
CITY OF LAKE ELMO
2017 Adopted and 2018 Proposed Utility Charges
December 5, 2017
1
APPLICATION/FEE/PERMIT TYPE 2017 FEE 2018 PROPOSED
CHANGE FROM
2017 TO 2018 ADDITIONAL INFORMATION
SAC Charge (City) (Sewer Availability Charge)$3,000.00 $3,000.00 0.00%
Per REC Unit: collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures.
SAC Charge (Met Council) (Sewer Availability Charge)$2,485.00 $2,485.00 0.00%
Per REC Unit: $2,485.00 to Met Council at time of
connection.
Sewer Connection Charge $1,000.00 $1,000.00 0.00%
Per REC Unit collected at time of plat for new lot. This fee
maybe deferred through special assessment for parcels
with existing structures.
Sewer Lateral Benefit Charge $11,000.00 $11,300.00 2.73%
Per REC Unit connecting to a Trunk Sewer Main and that
has never been assessed.
Sewer Base Charge – Residential – Non 201 Off Site $52.50 per quarter $53.03 per quarter 1.00%Allowance of 10,000 gallons (10 Units) per quarter
Sewer Rate $4.50/1,000 Gal $4.55/1,000 Gal 1.00%
201 Off-Site Maintenance Fee $75.00/unit/quarter $75.75/unit/quarter 1.00%
Surface Water
Residential $50.00 $55.00 10.00%
Non-Residential (Commercial etc.)$50.00 $55.00 10.00%Utility rate factor per code
Review Fee $125.00 $137.50 10.00%$82.50 Review/$55 Storm Water Fund
Water Availability Charge (WAC)$3,000.00 $3,000.00 0.00%
Per REC Unit; collected at time of plat for new lot. This fee
may be deferred through special assessment for parcels
with existing structures.
Water Connection Charge $1,000.00 $1,000.00 0.00%
Per REC Unit, collected at time of plat for new lot. This fee
may be deferred through special assessment for parcels
with existing structures.
Water Equipment/Set up
Meter (3/4" or less)$350.00 $360.50 3.00%Additional fees apply to larger sized meters
Driveway Curb Stop Lid $100.00 $103.00 3.00%Additional fees apply to larger sized meters
Disconnect Service $80.00 $82.40 3.00%Additional fees apply to larger sized meters
Reconnect Service $80.00 $82.40 3.00%Additional fees apply to larger sized meters
Water Lateral Benefit Charge $5,800.00 $5,800.00 0.00%
Per REC Unit connecting to a Trunk Water Main and that
has never been assessed.
Water Usage
Residential - Quarterly Rate $20.00 Base $20.60 Base 3.00%
Residential - Plus Rate per 1,000 Gallons
Plus Rate for 0-15,000 Gallons $2.00 $2.06 3.00%
Plus Rate for 15,001-30,000 Gallons $2.40 $2.47 3.00%
Plus Rate for 30,001-50,000 Gallons $2.88 $2.97 3.00%
Plus Rate for 50,001-80,000 Gallons $3.46 $3.56 3.00%
Plus Rate for 80,001 + Gallons $4.15 $4.27 3.00%
CITY OF LAKE ELMO
2017 Adopted and 2018 Proposed Utility Charges
December 5, 2017
2
APPLICATION/FEE/PERMIT TYPE 2017 FEE 2018 PROPOSED
CHANGE FROM
2017 TO 2018 ADDITIONAL INFORMATION
Water Usage
Commercial - Quarterly Rate $25.00 Base $25.75 Base 3.00%
Commercial - Plus Rate Per 1,000 Gallons
Plus Rate for 0 - 15,000 Gallons $3.11 $3.20 3.00%
Plus Rate for 15,001 - 30,000 Gallons $3.26 $3.36 3.00%
Plus Rate for 30,001 - 50,000 Gallon $3.77 $3.88 3.00%
Plus Rate for 50,001 - 80,000 Gallons $5.00 $5.15 3.00%
Plus Rate for 80,001 + Gallons $6.63 $6.83 3.00%
Water Usage
Hotel / Motel - Quarterly Rate $25.00 Base $25.75 Base 3.00%For metered non-irrigation (domestic) consumption
Hotel / Motel - Plus Rate Per 1,000 Gallons
Plus Rate for 0 -30,000 Gallons $3.11 $3.20 3.00%For metered non-irrigation (domestic) consumption
Plus Rate for 30,001 - 50,000 Gallons $3.26 $3.36 3.00%For metered non-irrigation (domestic) consumption
Plus Rate for 50,001 + Gallons $4.00 $4.12 3.00%For metered non-irrigation (domestic) consumption
Water Usage Delinquent Accounts
Regular 6% per quarter 6% per quarter 0.00%
Plus $25.00 or 8%, whichever is greater, if certified to
County for collection with property taxes.
Storm Water 10% per year 10% per year 0.00%
Plus $25.00 or 8%, whichever is greater, if certified to
County for collection with property taxes.
Bulk Water Purchase
Water from Hydrant $100.00 minimum $103.00 minimum 3.00%Plus $3.36/additional 1,000 gallons
Sod Installation (New Construction)$100.00 minimum $40.00 one-time credit N/A Applied to utility bill at time of installation
Swimming Pool Fill $100.00 minimum Eliminated N/A Elminated per City Council direction
Considered by City Council - 12-5-17
CITY OF LAKE ELMO
ESTIMATED UTILITY BILL
ACTUAL 2017 AND PROPOSED 2018
December 5, 2017
Household Size 4
Water units per quarter (per thousand gallons)24
Sewer base units allowance (per thousand gallons)10
Sewer consumption units 8
Actual Proposed Dollar
Service Type 2017 2018 Change
Water
Per unit rate - Tier 1 - 0 -15 Units 2.00$ 2.06$ 0.06$
Per unit rate - Tier 2 - 16 - 30 Units 2.40 2.47 0.07
Base Fee 20.00$ 20.60$ 0.60$
Consumption Charge Tier 1 30.00 30.90 0.90
Consumption Charge Tier 2 21.60 22.23 0.63
Water Quarterly Bill 71.60$ 73.73$ 2.13$
Sewer - Non 201 Property
Per unit 4.50$ 4.55$ 0.05$
Base Fee - First 10 units 52.50$ 53.03$ 0.53$
Consumption - Amount over 10 units 36.00 36.40 0.40
Sewer Quarterly Bill 88.50$ 89.43$ 0.93$
Total Water and Sewer Quarterly Bill 160.10$ 163.16$ 3.06$
Storm Sewer
Annual Service Fee 50.00$ 55.00$ 5.00$
Total Annual Storm Sewer Bill 50.00$ 55.00$ 5.00$
Total Annual Utility Bill Cost - Water, Sewer, and Storm 690.40$ 707.64$ 17.24$
CITY OF LAKE ELMO
COUNTY OF WASHINGTON STATE OF MINNESOTA
ORDINANCE NO. 08-191
AN ORDINANCE ADOPTING A 2018 FEE SCHEDULE FOR THE CITY OF LAKE ELMO
The City Council of the City of Lake Elmo ordains:
SECTION I. Schedule Adopted. The attached fee schedule is hereby adopted. SECTION II. Not Codified. This ordinance is transitory in nature and shall not be codified in
the City Code. This ordinance and the fee schedule established hereby shall be placed on file and available for public inspection at City Hall. SECTION III. Effect. The fees set out in the attached fee schedule apply notwithstanding any
other fees the City has established which may be inconsistent. Any other fees imposed by the
City which do not appear on the attached fee schedule remain in full force and effect. SECTION IV. Effective Date. This ordinance shall become effective for all billings rendered after December 31, 2017, and upon adoption and publication in the official newspaper of the
City of Lake Elmo.
SECTION V. Adoption Date. This Ordinance No. 08-191 was adopted on this 5th day of December, 2017, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk This Ordinance was published on the day of , 2017.
CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA
RESOLUTION NO. 2017-137 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-191 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-191, an ordinance amending the City Code of Ordinances by amending the City’s provisions related to the City Council; and WHEREAS, the Ordinance includes a chart 8 pages in length; and
WHEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the Ordinance; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-191 to be published in the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-191, which adopts the City’s 2018 Fee Schedule.
The full text of Ordinance No. 08-191 is available for inspection at Lake Elmo city hall during regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the Ordinance at City Hall for public inspection and that a copy
be placed for public inspection at the Lake Elmo Public Library.
Dated: December 5, 2017.
Mike Pearson, Mayor ATTEST:
Julie Johnson, City Clerk (SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
City of Lake Elmo - 2018 Fee Schedule
1
APPLICATION/FEE/PERMIT TYPE 2017 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Amateur Radio Antenna $875.00 Planning
Appeal (to Board of Adjustment and Appeals)$250.00 Administration
Bee Keeping Permit $25.00 Valid for 2 years from issuance Administration
Building Regulations * State Sur Charge Collected per MN Statute 326B.148 on all
permits Building
Building Permit Fee Schedule
Total Valuation
$1.00 to $500.00 $29.50 Building
$501.00 to $2,000.00 Building
$2,001.00 to $25,000.00 Building
$25,001.00 to $50,000.00 Building
$50,001.00 to $100,000.00 Building
$100,001.00 to $500,000.00 Building
$500,001.00 to $1,000,000.00 Building
$1,000,001.00 and up Building
Planning and Zoning Compliance Review and Verification $100.00 Building
Plan Review Fee 65% of building permit fee Building
Plan review for similar plans 25% of normal building permit fee (MN Rules 1300.0160 subp. 5)Building
Single Family Decks Fee based on Valuation Building
Single Family Residential Basement Finish Fee Based on Valuation Building
Swimming Pool In-Ground $150.00 Building
Swimming Pool Above-Ground $75.00 Building
Reinspection Fee $75.00 Building
Inspection outside normal business hours $120.00 per hour - 2 hour minimum Building
Investigation fee - work started without required permit Equal to permit fee amount Building
Replace Inspection Record Card $25.00 Building
Additional Plan Review required by changes, addendum or
revisions to plans $75.00 per hour, one hour minimum Building
Building Demolition - Residential $200.00 Building
$3,886.65 for the first $500,000.00 + $5.50 for each additional $1,000.00, or fraction
thereof, to and including $1,000,000.00.
$6,636.65 for the first $1,000,000.00 + $4.50 for each additional $1,000.00, or fraction
thereof.
$28.00 for the first $500.00 plus $3.70 for each additional $100.00, or fraction thereof, to
and including $2,000.00.
$83.50 for the first $2,000.00 + $16.55 for each additional $1,000.00, or fraction thereof, to
and including $25,000.00.
$464.15 for the first $25,000.00 + $12.00 for each additional $1,000.00, or fraction thereof,
to and including $50,000.00.
$764.15 for the first $50,000.00 + $8.45 for each additional $1,000.00, or fraction thereof,
to and including $100,000.00.
$1,186.65 for the first $100,000.00 + $6.75 for each additional $1,000.00, or fraction
thereof, to and including $500,000.00.
City of Lake Elmo - 2018 Fee Schedule
2
APPLICATION/FEE/PERMIT TYPE 2017 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Building Demolition - Commercial $300.00 Building
Fuel Tank Removal (Underground)$250.00 Building
Fuel Tank Installation 2% Value of the work Building
Roofing - Residential Fee Based on Valuation Building
Roofing - Commercial Fee Based on Valuation Building
Siding - Residential Fee Based on Valuation Building
Siding - Commercial Fee Based on Valuation Building
Retaining Walls over 4'Fee Based on Valuation Building
Commercial Plumbing $60.00 per unit, Up to 3 Units or 1.5% Value of work, whichever is greater Building
Residential Plumbing $60.00 per Unit, max fee $180.00 Building
Sewer Service Installation Inspection $60.00 Building
Water Service Installation Inspection $60.00 Building
Sewer & Water Service Installation Inspection when completed
together $60.00 Building
Investigation fee - Plumbing work started without required
permit Equal to permit fee amount Building
Commercial HVAC $60.00 per unit, Up to 3 Units or 1.5% Value of work, whichever is greater Building
Residential HVAC $60.00 per Unit, max fee $180.00 Building
Fireplace Installation $60 per unit Building
Investigation fee - HVAC work started without required permit Equal to permit fee amount Building
Manufactured Home Move In $200.00 Building
Manufactured Home Move Out $200.00 Building
Moving House or Primary Structure into the City 2% Value of the Work plus security amount determined by the Building Official Building
Moving Accessory Structure into the City 2% Value of the Work plus security amount determined by the Building Official Building
Automatic Fire Extinguishing Systems 2% Value, $100.00 minimum Building
Investigation fee - Fire Suppression work started without
required permit Equal to permit fee amount Building
Fire Alarm Systems 2% Value, $100.00 minimum Building
Investigation fee - Fire Alarm work started without required
permit Equal to permit fee amount Building
Annual Retail Consumer Fireworks (retailers only selling
fireworks)$350.00 Building
Annual Retail Consumer Fireworks (all other retailers)$100.00 Building
Outdoor Public Fireworks Display $150.00 Building
Residential Day Care Inspections $50.00 Building
City of Lake Elmo - 2018 Fee Schedule
3
APPLICATION/FEE/PERMIT TYPE 2017 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Residential Adult Care/Foster Care/Adoption Inspections $50.00 Building
Escrow Administration Fee $100.00 Building
New Single Family Dwelling Construction Escrow $2,000.00 Building
Two or more dwelling units per building Construction Escrow $1,000.00 per unit Building
Commercial/Industrial and Other structures $5,000.00 or amount detrmined by the Building Official Building
Burning Permit Fire
Residential $45.00 Fire
Commercial $80.00 Fire
Illegal Burn see notes →Additional fees may be incurred based on Wash. Cty. Chief's fee
schedule and # of responding units Fire
Chicken Keeping Permit $25.00 Initial permit expires on 12/31 of 2nd year.Administration
Comprehensive Plan Amendment $1,300.00 Land Use Escrow $2500 Planning
Conditional Use Permit (CUP) Planning
New $1,050.00 Planning
Amended $500.00 Planning
Contractor License Fees Licensing
Driveway $50.00 Licensing
Solid Waste Hauler $120.00 Licensing
Copy Services (Paper/Electronic)Administration
Copies (B&W)$0.25 per page 100 pages or more are charged at actual cost of production Administration
Copies (Color)$0.50 per page 100 pages or more are charged at actual cost of production Administration
Copies (B&W) 11x17 $1.00 per page 100 pages or more are charged at actual cost of production Administration
Copies (Color) 11x17 $2.00 per page 100 pages or more are charged at actual cost of production Administration
Data DVD Fee $15.00 Administration
GIS Scaled Aerial $25.00 Administration
Existing Maps $5.00 Administration
Custom (Per Hour Rate)$70.00 Administration
Plan Size Maps (Larger than 11x17)$15.00 Administration
Development Standards Specs/Details $55.00 Administration
Video reproduction $10.00 Administration
Culverts in Developments with Rural Section $160.00 Administration
Dog License- altered $20.00 Licensing
Dog License- unaltered $25.00 Licensing
Dog License- late fee $2.50 per month Maximum $10 Licensing
Service Dog License No Charge Licensing
Wireless Communication Facilities Fee Escrow $6,000.00. Flood
Plain Ordinance Fee Escrow $500.00 Land Use Escrow $2500
City of Lake Elmo - 2018 Fee Schedule
4
APPLICATION/FEE/PERMIT TYPE 2017 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Dog - duplicate license or tag $1.00 Licensing
Dog and Cat Impound fees
First Impound- Unlicensed Dog $60.00 Licensing
First Impound- Licensed Dog $42.00 Licensing
First Impound- Cat $42.00 Licensing
Subsequent dog/ cat impound $85.00 Licensing
Driveway Planning
Residential $70.00 Planning
Commercial $160.00 Planning
Easement Encroachment $100.00 Staff & Recording Fee Planning
Electronic Fund Withdrawl/Bill Payment Fee + Trans. Charge Administration
Environmental Review (EAW/EIS)$1,500.00 $2,500 Land Use escrow
Village Area AUAR Fee $230.00
Per REC Unit. To be charged to development applications that
increase the number of REC units above existing conditions
within the Village AUAR Area. The fee will be based on the
difference between the proposed and existing REC units. Fee to
be paid as part of a developer’s agreement for larger projects or
at the time a building permit is issued for smaller projects. Once
paid, the same land will not be charged again.Planning
Erosion Control Building
Re-inspection Fee (portal to portal from City Hall: 1 Hr. min)$50.00 per hour $5,000.00 Security Building
Excavating & Grading ≥ 50 cubic yards, up to 400 cubic yds $125.00 Security $500.00 Building
Excavating & Grading ≥ 400 cubic yards/acre of site area $500.00 $500.00 fee escrow. Plus Security as Determined by the Planning
Department Engineering
False Alarms (12 Month Period)* (*1-3 no charge)Fire
Residential Fire
4-6 False Alarms $110.00 Fire
In Excess of 6 False Alarms $185.00 Fire
Commercial Fire
4-6 False Alarms $315.00 Fire
In Excess of 6 False Alarms $520.00 Fire
Flood Plain District Delineation $500.00 Planning
Interim Use Permit (IUP)
Fee $1,050.00 $2,500.00 Escrow Planning
Renewal $300.00 Planning
Liquor License Licensing
All Impound Fees plus $20/day Boarding Fee
City of Lake Elmo - 2018 Fee Schedule
5
APPLICATION/FEE/PERMIT TYPE 2017 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Club On-Sale Intoxicating $100.00 Licensing
On-Sale Intoxicating $1,500.00 Licensing
Off-Sale Intoxicating $200.00 Licensing
Off-Sale Non-Intoxicating $150.00 Licensing
On-Sale Intoxicating- 2nd Building $750.00 Licensing
On-Sale Non-Intoxicating $100.00 Licensing
Investigation $350.00 Licensing
On-Sale Sunday Intoxicating $200.00 Licensing
Temporary Intoxicating $25.00 Licensing
Wine $300.00 Licensing
Lot Line Adjustment $325.00 None Planning
Massage Therapy Premises License Licensing
Application Fee $100.00 Fee includes one Therapist Licensing
Investigation Fee $100.00 Licensing
Massage Therapy Practitioner License Licensing
Application Fee $50.00 Licensing
Investigation Fee $25.00 Licensing
Massage Therapy Premises License Renewal $50.00 Fee includes one Therapist Licensing
Massage Therapy Practitioner License Renewal $25.00 Licensing
Massage Therapy License Amendment $25.00 Licensing
Minor Subdivision $525.00 $1,000.00 escrow Planning
Park Dedication Planning
Residential - Up to three lots $3,600.00 per lot Four or more lots per §153.14 Planning
Commercial $4,500.00 per acre Planning
Parking Lots Planning
Commercial $200.00 $500 Fee Escrow. Plus Security as Determined by the Planning
Department Planning
Platting
Sketch Plan Review (Subdivision)$500.00 $3,500 Fee Escrow Planning
Preliminary Plat (Subdivision)$1,850.00 $10,000 Fee Escrow Planning
Final Plat (Subdivision)$1,250.00 $8,000 Fee Escrow Planning
Planned Unit Development Planning
General Concept Plan $1,250.00 $7,500 Fee Escrow (Waive Subdivision Escrow)Planning
Development Stage Plan $1,850.00 $10,000 Fee Escrow (Waive Subdivision Escrow)Planning
Final Plat $1,250.00
$8,000 Fee Escrow (Waive Subdivision Escrow) and (City will
retain escrows to reimburse review costs for each stage of
Development)Planning
City of Lake Elmo - 2018 Fee Schedule
6
APPLICATION/FEE/PERMIT TYPE 2017 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Private Roads (Permitted only in AG zone)$150.00 Planning
Restictive Soils and Wetland Restoration Protection and
Preservation Permit $800.00 Planning
Returned Check (NSF)$25.00 Administration
Right-of-Way Permit
Annual Registration $200.00 $5,000 Security Engineering
Excavation Permit $275.00 + $.60/foot Engineering
Joint Trench Permit (per lot per utility)$275.00 + $.60/foot Engineering
Obstruction Permit $275.00 Engineering
Small Wireless Permit Fee $275.00 Engineering
Permit Extension $100.00 Engineering
Delay Penalty (per calendar day)$25.00 Engineering
SAC Charge (City) (Sewer Availability Charge)$3,000.00
Per REC Unit: collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures.Engineering
SAC Charge (Met Council) (Sewer Availability Charge)$2,485.00 Per REC Unit: $2,485 to Met Council at time of connection.Engineering
Sewer Connection Charge $1,000.00
Per REC Unit collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures.Engineering
Sewer Lateral Benefit Charge $11,300.00 Per REC Unit connecting to a Trunk Sewer Main and that has
never been assessed Engineering
Sewer Base Charge - Residential - Non 201 Off Site $53.03 per quarter Allowance of 10,000 gallons (10 Units) per quarter Administration
Sewer Rate $4.55/1,000 Gal Administration
201 Off-Site Maintenance Fee $75.75/unit/quarter Administration
Real Estate Searches $15.00/Search For special assessment or utility search Administration
Signs - Permanent $180.00 Planning
Signs - Temporary $75.00 Planning
Temporary Renewal $25.00 Planning
Re-inspection Fee $25.00 Planning
Special Event Permit $75.00 City must be listed as additional insured Planning
Surface Water Administration
Residential $55.00 Administration
Non-Residential (Commercial etc.)$55.00 Utility rate factor per code Administration
Review Fee $137.50 $82.50 Review/$55 Storm Water Fund Administration
Vacations (Streets or Easements)Planning
Easements $515.00 $500 Fee Escrow Planning
City of Lake Elmo - 2018 Fee Schedule
7
APPLICATION/FEE/PERMIT TYPE 2017 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Streets $515.00 $500 Fee Escrow Planning
Variance $750.00 $500 Fee Escrow Planning
Shoreland Variance $1,500.00 $500 Fee Escrow Planning
Water Availability Charge (WAC)$3,000.00
Per REC Unit; collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures. Engineering
Water Connection Charge $1,000.00
Per REC Unit, collected at time of plat for new lot. This fee may
be deferred through special assessment for parcels with existing
structures. Administration
Water Equipment/Set up Administration
Meter (3/4" or less)$360.50 Administration
Driveway Curb Stop Lid $103.00 Administration
Disconnect Service $82.40 Administration
Reconnect Service $82.40 Administration
Water Lateral Benefit Charge $5,800.00 Per REC Unit connecting to a Trunk Water Main and that has
never been assessed Engineering
Water Usage Administration
Residential - Quarterly Base Rate $20.60 Base Administration
Residential - Plus Rate per 1,000 Gallons Administration
Plus Rate for 0-15,000 Gallons $2.06 Administration
Plus Rate for 15,001-30,000 Gallons $2.47 Administration
Plus Rate for 30,001-50,000 Gallons $2.97 Administration
Plus Rate for 50,001-80,000 Gallons $3.56 Administration
Plus Rate for 80,001 + Gallons $4.27 Administration
Water Usage Administration
Commercial - Quarterly Rate $25.75 Base Administration
Commercial - Plus Rate Per 1,000 Gallons Administration
Plus Rate for 0 - 15,000 Gallons $3.20 Administration
Plus Rate for 15,001 - 30,000 Gallons $3.36 Administration
Plus Rate for 30,001 - 50,000 Gallon $3.88 Administration
Plus Rate for 50,001 - 80,000 Gallons $5.15 Administration
Plus Rate for 80,001 + Gallons $6.83 Administration
Water Usage Administration
Hotel / Motel - Quarterly Rate $25.75 Base For metered non-irrigation (domestic) consumption Administration
Hotel / Motel - Plus Rate Per 1,000 Gallons Administration
Plus Rate for 0 -30,000 Gallons $3.20 Administration
Plus Rate for 30,001 - 50,000 Gallons $3.36 Administration
Additional fees apply to larger sized meters
City of Lake Elmo - 2018 Fee Schedule
8
APPLICATION/FEE/PERMIT TYPE 2017 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT
Plus Rate for 50,001 + Gallons $4.12 Administration
Water Usage Delinquent Accounts Administration
Regular 6% per quarter Plus $25.00 or 8%, whichever is greater, if certified to County
for collection with taxes Administration
Storm Water 10% per year Plus $25.00 or 8%, whichever is greater, if certified to County
for collection with taxes Administration
Bulk Water Purchase Administration
Water from Hydrant $103.00 minimum Plus $3.36/additional 1,000 gallons Administration
Sod Installation (New Construction)$40.00 one-time credit Applied to utility bill at time of installation Administration
Wind Generator $850.00 $2,000 Fee Escrow Planning
Wireless Communication Permit $500.00 $6,000 Fee Escrow Planning
Zoning Amendment (Text or Map)$1,245.00 $2,500 Escrow Planning
Zoning Certification Letter $25.00 Planning
Zoning Permit - Certificate of Zoning Compliance Planning
Accessory Structures < 200 SF $75.00 Planning
Fence (less than 6')$75.00 Planning
Other $75.00
Definition of Terms
Considered by City Council - 12-5-17
**Security: City will retain a security escrow to ensure completion of work as directed by the approved permit/application and compliance with the State Building Code and the City of Lake Elmo
Municipal Code.
*Fee Escrow: City will maintain a fee escrow to cover all City review costs. Application fees include all professional fees and expenses incurred by the City.
Asphalt/Concrete License Item and fee deleted
Fire Suppression License Item and fee deleted
Landscaping License Item and fee deleted
Fire Alarm Systems Fee changed from "$60; plus $5.00 surcharge; plus 1% of value" to "1.2% of value; plus $5.00 surcharge; Minimum $100"
Sprinkler System (Inspection Fee)Fee changed from "2% of value" to "1.2% of value; plus $5.00 surcharge; Minimum $100"
Fines for General Code Violations are as follows:
1st offense $100.00 for each violation
2nd offense $200.00 for each violation within one year from the first citation
3rd offense $500.00 for each violation within one year from the first citation
Fines for Building and Safety Code Violations are as follows:
1st offense $100.00 for each violation
2nd offense $500.00 for each violation within one year from the first citation
3rd offense $1000.00 for each violation within one year from the first citation
5/21/2013
Returned Check (NSF)$25.00
SAC Charge (City) (Sewer Availability Charge)$3,000.00
SAC Charge (Met Council) (Sewer Availability Charge)$2,435.00
Sewer Connection Charge $1,000.00
Sewer Lateral Benefit Charge $5,800.00
Water Availability Charge (WAC)$3,000.00
Water Connection Charge $1,000.00
Meter (3/4" or less)$300.00
Water Lateral Benefit Charge $5,800.00
Water Usage Delinquent Accounts
Regular 6% per quarter
Storm Water 10% per year
7/2/2013
Tree Contract $70.00
2013 FEE SCHEDULE MODIFICATIONS SUMMARY
4th offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available to the City. An administrative citation may also be issued independently or concurrent to any
other legal action taken by the City.
12/16/2015
GIS Scaled Aerial $25.00
Easement Encroachment $150.00
Fuel Tank Removal (Underground)$250.00
Inspection outside of business hours $100.00 (2 Hr. Min.)
Cancelled or Refunded Permits $25.00
Scaled Aerial Drawing $15.00
Site Plan Review $980.00
Surface Water
Review Fee $125.00
Zoning Certification Letter $25.00
Meter (3/4" or less)$350.00
Administration
Per REC Unit: collected at time of plat for new
lot or at time of connection for existing.EngineeringPer REC Unit: $2,435.00 to Met Council at time
of connection.Engineering
Per REC Unit EngineeringPer REC Unit connecting to a Trunk Sewer Main
and that has never been assessed Engineering
Per REC Unit; collected at time of plat for new
lot or at time of connection for existing.Engineering
Per REC Unit Administration
Additional fees apply to larger sized meters AdministrationPer REC Unit connecting to a Trunk Water Main
and that has never been assessed Engineering
Administration
Plus $25.00 or 8%, whichever is greater, if
certified to County for collection with taxes Administration
Plus $25.00 or 8%, whichever is greater, if
certified to County for collection with taxes Administration
Licensing
Administration
Staff & Recording Fee Planning
Plus $5.00 Surcharge (State Mandated)Administration
Building
Building
Planning
Planning
Administration
$75 Review/$50 Storm Water Fund Administration
Planning
Administration
2014 FEE SCHEDULE MODIFICATIONS SUMMARY
APPLICATION/FEE/PERMIT TYPE 2013 FEE ESCROW OR ADDITIONAL CHARGE MODIFICATION
Copies (B&W)$0.25 per page 100 pages or more are charged at actual cost
of production Clarified to reflect state law.
Copies (Color)$0.50 per page 100 pages or more are charged at actual cost
of production Clarified to reflect state law.
Copies (B&W) 11x17 $1.00 per page 100 pages or more are charged at actual cost
of production Clarified to reflect state law.
Copies (Color) 11x17 $2.00 per page 100 pages or more are charged at actual cost
of production Clarified to reflect state law.
Data DVD Fee $15.00 New fee. Previously included in Video
Reproduction fee.
City Street Maps (36x40)$20.00 Eliminated separate fee. Follow general
fee rate.
Plan Size Maps (Larger than 11x17)$20 $15 Fee lowered $5.00.
Code Book $160.00 Eliminated separate fee. Follow general
fee rate.
Code Book Sections 1,2,4,6-12,14 $12.00 Eliminated separate fee. Follow general
fee rate.
Code Book Section 3 $52.00 Eliminated separate fee. Follow general
fee rate.
Code Book Sections 5 & 13 $27.00 Eliminated separate fee. Follow general
fee rate.
Comprehensive Plan $125.00 Eliminated separate fee. Follow general
fee rate.
OP Ordinance $12.00 Eliminated separate fee. Follow general
fee rate.
Parks Plan $80.00 Eliminated separate fee. Follow general
fee rate.
Video reproduction $10.00 Fee lowered $25.00.
Dog License- late fee $2.50 per month Maximum $10 Maximum amount clarified.
Service Dogs License $5 No Charge Eliminated fee.
Application Fee $100.00 Fee includes one Therapist Clarified policy to reflect intention of
ordinance.
Massage Therapy Premises License Renewal $50.00 Fee includes one Therapist Clarified policy to reflect intention of
ordinance.
Massage Therapy License Amendment $50 $25 Fee lowered $25.00.
SAC Charge (Met Council) (Sewer Availability
Charge)$2435 $2485 Per REC Unit: $2,435.00 $2,485.00 to Met
Council at time of connection.
Metropolitan Council raised fee by $50
effective 1/1/2014.
Sod Installation (New Construction)$61.20 1st 5,000 Gal Up to 45 days. Resident must contact city in
advance.New fee.
2015 FEE SCHEDULE MODIFICATIONS SUMMARY
APPLICATION/FEE/PERMIT TYPE 2014 FEE 2015 FEE NOTES MODIFICATION
Appeal (to Board of Adjustment and
Appeals)$150.00 $250.00 Increased to more accurately reflect
staff time and cost to city.
Cancelled or Refunded Building Permits $25.00 $25.00 Clarified that refunded permits are also
subject to fee.
Duplicate Inspection Card N/A $25.00
New Fee. Staff previously did not
collect for this service. Most
communities do.
Easement Encroachment $100.00 $150.00 Includes Recording Fee
Increased to more accurately reflect
staff time and cost to city inlcuding
recording costs.
GIS Scaled Aerial Map $15.00 $25.00 Increased to more accurately reflect
staff time and cost to city.
Inspection outside of business hours $70.00 (2 Hr. Min.)$100 (2 Hr. Min.)
Increased to more accurately reflect
staff time and cost to city. Also
encourages inspections during city
business hours.
Scaled Aerial Drawing $15.00 N/A Eliminated separate fee. Follow general
schedule.
Site Plan Review $980.00 N/A Eliminated separate fee. Follow general
schedule.
Surface Water Review Fee N/A $125.00 $75 Review/$50 Storm Water Fund.
New Fee. This one-time fee only applies
to new construction to monitor impact
to storm ponds.
Water Meter (3/4" or less)$300.00 $350.00 Increased to reflect actual cost to city.
Zoning Certification Letter N/A $25.00
New Fee. Staff previously did not
collect for this service. Most
communities do.
STAFF REPORT
DATE: 12/5/17
REGULAR
ITEM #: 18
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Comprehensive Plan Amendment and Zoning Text Amendment Amending Open Space Preservation Language Regarding Density REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
The Council considered a request by Landucci Homes, Inc. (Nathan Landucci) for a Comprehensive Plan
and Zoning Text Amendment amending language regarding allowable density within Open Space Preservation Planned Unit Developments at its meeting on November 7, 2017. The applicant had requested to table the item until he was available to attend the meeting.
ISSUE BEFORE COUNCIL:
The Council is being asked to consider the request to amend language regarding allowable density within Open Space Preservation developments within the City.
PROPOSAL DETAILS/ANALYSIS:
The Staff Report from the November 7, 2017 Council meeting is attached for reference.
FISCAL IMPACT:
An increased number of lots may be created with the proposed amendments to the language within the Comprehensive Plan and Zoning Code, which could increase tax revenue but also increase need for
essential services.
RECOMMENDATION:
Staff and the Planning Commission recommend that Council adopt Resolution 2017-123 denying the proposed Comprehensive Plan Amendment to amend language regarding density for Open Space
Preservation developments.
“Move to adopt Resolution 2017-123 denying the proposed Comprehensive Plan Amendment
regarding density for Open Space Preservation developments.”
Staff and the Planning Commission recommend that the Council adopt Resolution 2017-124 denying the proposed Comprehensive Plan and Zoning Text amendment regarding density for Open Space Preservation developments.
“Move to adopt Resolution 2017-124 denying the proposed Zoning Text Amendment regarding density for Open Space Preservation developments.”
ATTACHMENTS:
• 11/7/17 meeting packet (regarding subject request)
• Resolutions 2017-123 and 2017-124
1
STAFF REPORT
DATE: 11/7/2017
REGULAR
ITEM #: 16
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Comprehensive Plan Amendment and Zoning Text Amendment Amending Open Space Preservation Language Regarding Density REVIEWED BY: Joan Ziertman, Planning Program Assistant Ben Prchal, City Planner
BACKGROUND: The City has received an application from Landucci Homes, Inc. (Nathan Landucci) for a Comprehensive Plan and Zoning Text Amendment amending language regarding allowable density within Open Space Preservation Planned Unit Developments. The current language in both the Comprehensive Plan and City’s Zoning Code indicates that densities in such developments are allowed up to 0.45 dwelling units per buildable acre or 18 units per 40 buildable acres. The Applicant is requesting that density be based on gross acreage.
ISSUE BEFORE COUNCIL: The Council is being asked to consider the request to amend language regarding allowable density within Open Space Preservation developments within the City. PROPOSAL DETAILS/ANALYSIS: COMPREHENSIVE PLAN AMENDMENT Reason for Request. The Applicant has indicated on the application that if Legends of Lake Elmo, which received Concept Plan approval by the City on March 2, 2016, was developed under the current Open Space Preservation Planned Unit Development ordinance and Comprehensive Plan language, it would be underutilized, underdeveloped and have a disproportionate amount of road, as the site has 17 acres out of 110 acres of land. The Applicant has also stated that wetlands are sought after for buffers, land preservation, privacy, animal and plant habitat and an overall attractive and diversified environment. The Applicant feels that the request “levels the playing field” between land that has no wetlands and land that
have some or no wetlands. The Applicant also demonstrates in the application that Legends of Lake Elmo, had it had no wetlands, would be able to develop 50 homes as opposed to 40 homes with no wetlands.
• Example 1: Land with no wetlands o Gross acreage: 110 acres o Buildable acreage: 110 acres o Wetland acreage: 0 acres
o Number of units allowed: 50 homes o Open space breakdown: 55 acre fields
2
• Example 2: Legends of Lake Elmo o Gross acreage: 110 acres
o Buildable acreage: 93 acres
o Wetland acreage: 17 acres o Number of units allowed: 41 homes o Open space breakdown: 38 acre fields, 17 acres of wetlands History. The City’s Open Space Preservation Ordinance was adopted in 2001 and has undergone a
number of amendments, the most recent set of amendments adopted on October 4, 2016 after a number of both Planning Commission and City Council meetings. No amendment to the allowable density was proposed or made during this amendment, however, due to Comprehensive Plan language indicating that the allowable density in an Open Space Preservation development is 0.45 dwelling units per acre. One of the amendments that was adopted was that open space calculations were changed from 50% buildable area to 50% gross area.
Exact Language of the Comprehensive Plan. The exact language and proposed change to the Comprehensive Plan is below:
RURAL AREA DEVELOPMENT – This category represents the large areas of rural residential development
within the City. Common uses found in these areas include working farms, alternative agricultural uses
as defined by City Code, and rural single family detached residences. Development in these areas
requires 10+ acres, or a conditional use permit to authorize a cluster development meeting the City’s
Open Space Preservation regulations. Densities are allowed up to 0.45 dwelling units per buildable acre,
based on gross acreage, when planned as part of an Open Space Preservation development. No new
areas of rural area development are being established by the official land use plan. [Corresponding
Zoning District(s): A, RR, OP]
Preserved Open Space. The Minnesota Land Trust holds conservation easements to protect a variety of lands and focuses its efforts on relatively undisturbed natural habitat, the shoreline of lakes, rivers and streams, and scenic landscapes, particularly those with local significance. The Applicant has submitted a Concept Plan for an Open Space Development within the City with open space which the Minnesota Land Trust has communicated would not be interested in holding. This is not necessarily directly related to the requested Comprehensive Plan and Zoning Text Amendments, however, it may be important to note that the Comprehensive Plan Advisory Panel has previously discussed that if the City holds a conservation
easement (which it is allowed to do under the OP ordinance), that due to the City’s conservative amount of Staff, that Homeowners’ Associations could possibly aid in enforcement of the conservation easement. An increase in the number of homes allowed within an OP development may increase the chances for violations of the conservation easement. Net Density. Density is usually calculated as net density. The Metropolitan Council calculates density
using net density when calculating density required for sewered areas. By their standards, the following can be netted out from gross acres when calculating density: wetlands and water bodies, public parks and open space, arterial road rights-of-way, and other areas protected from development by local ordinance. While open space preservation developments are not sewered and are not subject to these stipulations, the City should consistently calculate density, and calculating wetlands in the allowed density would create possible inconsistency. Metropolitan Council Flexible Residential Development Ordinance Guidelines for the Diversified Rural Area. The Metropolitan Council planning strategies for Diversified Rural Areas calls for communities in those areas to have land use plans that “accommodate growth not to exceed forecasts and clustered development not to exceed 1 unit per 10 acres.” The Council recognizes that communities have ordinances that allows for densities that will severely limit the ability of some communities to achieve (in
3
the future) the minimum density of at least three units per net developable residential acre that is
necessary for future cost-effective and efficient regional wastewater treatment services. The Council does recognize, however, that there are areas of the community that may not be suitable for
future urbanization as the capability of the land to support development is low and constrained and has developed guidelines for these developments. One of the guidelines is that the ordinance should define lands that are considered buildable, as these lands are considered the most suitable for development.
Removing lands that are restricted due to federal and state regulations, as well as any features that the local government has defined for protection or conservation, will allow the community to preserve sensitive natural features and to ensure the availability of land to accommodate future development. Without specifying types of lands that are required for future development, many communities have inadvertently encouraged large lot development in which private lots often consume most of the developable land and leave little remaining developable acreage. The guidelines generally discourage future development of rural residential patterns (unsewered lots of 2.5 acres or less). As previously mentioned, the Open Space Preservation ordinance was already amended so that 50% of the gross acreage of an Open Space Development can be preserved as opposed to 50% of the buildable area, which already goes against these guidelines. Therefore, requesting any further density change within rural areas may not be amenable to these guidelines.
Comprehensive Plan Update. It should be considered that the City is undergoing a required Comprehensive Plan update. A number of changes may be made to the overall vision of the City. One of
these changes that has been mentioned a number of times in the past is allowing 2.5 acre parcels in Rural Residential and Agricultural zoning districts, which at this time require a maximum density of one unit per 10 acres and one unit per 40 acres, respectively. Additionally, this change would affect a number of
properties, as shown in the attached map that outlines properties that are over 20 acres in size and are zoned Agricultural, Rural Residential, or Residential Estates and are therefore eligible to develop through the Open Space Preservation Planned Unit Development Ordinance. The ordinance would affect up to 58 parcels and approximately 6,062 acres of property within the City. Assuming 15% of this acreage were wetlands, assuming an allowed density of 0.45 units per acre, the amount of units that could increase based on gross vs. buildable would be as follows:
Gross Acreage 6,062 acres
Wetland Acreage 909 acres
Buildable Acreage 5,153 acres
Number of Units Based on Buildable Acreage 2,318 units Number of Units Based on Gross Acreage 2,723 units Therefore, the number of units that could potentially increase with this change (assuming 15%
unbuildable land; this has not been verified) would be 405 units, totalling 2,723 units that could be added through Open Space Preservation developments throughout the City. As per the City’s 2015 systems statement, the City is only projected to increase its number of unsewered households by 3,379 by the year
2040.
4
Adjacent Cities Review. The Metropolitan Council advised that Staff send out adjacent review to cities directly abutting potentially affected parcels. Stillwater Township and Baytown Township responded that they see have no comments about the proposed change and that the Open Space Development ordinances in those two townships have both used gross acres to calculate densities. Increased Traffic and Other Standards of the OP Ordinance. The potential increase in homes could lead to a significant increase in traffic counts. Currently, the City is undergoing a study for potential options
for Highway 36, and this increase has not been factored in. Additionally, with all of the other standards of the OP Ordinance including but not limited to: minimum lot size requirement (one acre lots for those being served by individual septic systems and half acre lots for those being served by community septic systems);
required buffers from adjacent lands; required setbacks from waterbodies and non-buildable land; setbacks; placement of streets; open space requirements; etc. will still need to be met unless approved by a 4/5 (super-majority) vote.
Comprehensive Plan Advisory Panel. The Comprehensive Plan Advisory Panel held a meeting in July of 2017 discussing Rural Residential trends. During this meeting, a brief discussion was held regarding density in open space developments. During this discussion, there was no substantial conclusion to this, but there was desire by the group to allow this. As such, the Applicant is requesting the amendment now in order to bring focus to the issue and not have to wait until the Comprehensive Plan is officially adopted and approved by the Metropolitan Council. Because of the potentially significant impact on the City’s population and the substantial number of parcels and acreage within the City that the proposed amendments would affect, Staff would recommend that the Planning Commission table the request and request direct input from the Comprehensive Plan Advisory Panel on this proposed change. Ultimately, the Planning Commission may wish to recommend denial provided the issue may be best considered within the context
of all land use changes currently under consideration. The next Comprehensive Plan Advisory Panel meets on October 25, 2017, and this item can be discussed briefly at this meeting.
ZONING TEXT AMENDMENT Consistency with the Comprehensive Plan. If the Council denies the proposed Comprehensive Plan Amendment, they should also deny the Zoning Text Amendment. If the Council wishes to approve the proposed Comprehensive Plan Amendment, the proposed Zoning Text Amendment should be reviewed for consistency with the Comprehensive Plan and current Open Space Preservation Planned Unit Development Ordinance. Consistency with the Comprehensive Plan. If the Comprehensive Plan Amendment is approved, the proposed Zoning Text Amendment to Section 154.657: Open Space PUD Design, Section (A) would be as follows:
5
A. Density The maximum dwelling unit density within an open space planned unit development shall be 18 units per 40 gross acres of buildable land on the undeveloped parcel; however, the total number of dwelling units shall not exceed the density limitations contained in the
Comprehensive Plan for Opens Space Preservation Development. Provided the Comprehensive Plan Amendment is approved, this would be consistent with the density of 0.45 units per acreage based on gross acreage.
Intent of the Open Space Planned Unit Development Ordinance. The intent of the Open Space Planned Unit Developments is as follows. The Planning Commission should specifically consider whether increasing the allowable density to 0.45 units per acre of the developments gross acreage as
opposed to buildable acreage would alter the intent of this ordinance or of the Comprehensive Plan. Also included below are responses to how the proposed change would affect the intent of the ordinance: A. A variety of lot configurations and housing styles that may or may not otherwise exist within the
City’s rural areas;
• Staff Comment: An increased number of units would likely have no effect on this intent.
B. An avenue to provide a development density equal to or greater than what could be achieved via
underlying zoning;
• Staff Comment: The allowed density (provided the area had wetlands) would be increased
by the proposed amendment. The proposed amendment would make no difference to
properties that have acreage that is not buildable.
C. A reduction in the costs to construct and maintain public facilities and infrastructure in a rural
setting;
• Staff Comment: Allowing density to be based on gross acreage would increase the
number of homes allowed within a development that had unbuildable acreage and
therefore would reduce costs for a developer.
D. Protected open space to enhance and preserve the natural character of the community;
• Staff Comment: The applicant is not proposing to change the amount of preservation of
the open space within a development.
E. The creation of distinct neighborhoods that are interconnected within rural areas
• Staff Comment: The proposed amendment would likely not have an effect on
interconnectivity.
F. To preserve large continuous open spaces.
• Staff Comment: The applicant is not proposing to reduce the amount of open space. The
amendment to the Open Space Planned Unit Development ordinance back in 2016
amended the required amount of open space, allowing the open space to be calculated by
gross acreage rather than buildable acreage.
Planning Commission Review. The Planning Commission held a public hearing and reviewed the
proposed Comprehensive Plan Amendment and Zoning Text Amendment on October 23, 2017. The
Planning Commission had the following findings in regards to the proposal:
1. The proposed density calculation is not consistent with that of the City (density within
sewered developments is calculated using net density whereas the proposed amendment
calculates density using gross density).
2. The current language regarding density within the Comprehensive Plan Open Space
Preservation Planned Unit development ordinance helps protect natural resources by
limiting allowed density to buildable acres.
6
3.A lower density within Open Space Preservation developments minimizes risk for septic
systems to fail and thereby minimizes the need to connect to City sewer.
There was also concern about management of open space within an OP Development that was discussed
earlier in this report. The Planning Commission felt it necessary that the City needs to be better prepared
to manage open space easements when the Minnesota Land Trust will not accept them.
Based on the above findings, the Planning Commission recommended denial of the proposed
Comprehensive Plan and Zoning Text Amendments regarding density within Open Space Preservation
developments
FISCAL IMPACT:
An increased number of lots may be created with the proposed amendments to the language within the Comprehensive Plan and Zoning Code, which could increase tax revenue but also increase need for essential services.
RECOMMENDATION:
Staff and the Planning Commission recommend that Council adopt Resolution denying the proposed Comprehensive Plan Amendment to amend language regarding density for Open Space Preservation developments.
“Move to adopt Resolution 2017-123 denying the proposed Comprehensive Plan Amendment regarding density for Open Space Preservation developments.”
Staff and the Planning Commission recommend that the Council adopt Resolution 2017- denying the
proposed Comprehensive Plan and Zoning Text amendment regarding density for Open Space Preservation developments.
“Move to adopt Resolution 2017-124 denying the proposed Zoning Text Amendment regarding density for Open Space Preservation developments.”
ATTACHMENTS:
•Comprehensive Plan and Zoning Text Amendment application and Narrative
•Map showing properties that are of 20 acres or more and zoned Rural Residential, ResidentialEstates and Agricultural (properties eligible to be developed as and Open Space Preservation
Planned Unit Development)
•Resolution 2017-123 denying proposed Comprehensive Plan Amendment regarding Open SpacePreservation development density
•Resolution 2017-124 denying proposed Zoning Text Amendment regarding Open Space Preservationdevelopment density
Properties Zoned A, RR or RE & 20+ Acres
KZoned A, RR, and RE 20+ acresWater Bodies/WetlandsData Source: Washington County, MN
10.11.17
City Council Resolution 2017-123
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-123
A RESOLUTION DENYING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE
LANGUAGE REGARDING ALLOWED OPEN SPACE PRESERVATION DEVELOPMENT
DENSITY
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and
WHEREAS, Landucci Homes, Inc., 13230 20th Street Court North, Stillwater, MN 55082
(the “Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a
copy of which is on file in the City Planning Department; and
WHEREAS, the Applicant has requested to amend language regarding allowable density within Open Space Preservation developments to be based on gross acreage rather than buildable.
WHEREAS, the Planning Commission held a public hearing on October 23, 2017 to consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend denial to the City
Council on the Applicant’s requests based on a number of findings; and
WHEREAS, the City Council reviewed the Planning Commission and public comments regarding the Applicant’s requests at its meeting on November 7, 2017; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it is not consistent with the spirit and intent of the Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information received, the City Council makes the following findings of fact:
FINDINGS.
1.That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a.On page III-8, updating language regarding densities within Open Space Preservation to
be based on gross rather than buildable acreage.
City Council Resolution 2017-123
3. The proposed density calculation is not consistent with that of the City (density within
sewered developments is calculated using net density whereas the proposed amendment
calculates density using gross density).
4.The current language regarding density within the Comprehensive Plan Open Space
Preservation Planned Unit development ordinance helps protect natural resources by limiting
allowed density to buildable acres.
5.A lower density within Open Space Preservation developments minimizes risk for septic
systems to fail and thereby minimizes the need to connect to City sewer.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby denies the request by Landucci Homes, Inc. to amend the City of Lake Elmo
Comprehensive Plan by amending language regarding allowable densities within Open Space
Preservation developments.
Passed and duly adopted this 5th day of December 2017, by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk
City Council Resolution 2017-124
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-124
A RESOLUTION DENYING A ZONING TEXT AMENDMENT TO AMEND THE CITY’S OPEN
SPACE PLANNED UNIT DEVELOPMENT ORDINANCE BY AMENDING LANGUAGE
REGARDING ALLOWABLE DENSITY
WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Landucci Homes, Inc., 13230 20th Street Court North, Stillwater, MN 55082 (the “Applicant”) has submitted an application to the City to amend the City’s Zoning Code, a
copy of which is on file in the City Planning Department; and
WHEREAS, the Applicant has requested to amend language regarding allowable density within Open Space Preservation developments to be based on gross acreage rather than buildable.
WHEREAS, the Planning Commission held a public hearing on October 23, 2017 to
consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend denial to the City Council on the Applicant’s requests based on a number of findings; and
WHEREAS, the City Council reviewed the Planning Commission and public comments regarding the Applicant’s requests at its meeting on November 7, 2017; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it is not consistent with the spirit and intent of the Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information received, the City Council makes the following findings of fact:
FINDINGS.
1.That the Applicant has submitted a request to amend the City’s Zoning Code in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2.That the request is to amend the Zoning Code:
a.Section 154.657 (A): Open Space PUD Design, Density by amending language regarding
allowable density from buildable acreage to gross acreage.
3. The proposed density calculation is not consistent with that of the City (density within
sewered developments is calculated using net density whereas the proposed amendment
calculates density using gross density).
City Council Resolution 2017-124
4.The current language regarding density within the Comprehensive Plan Open Space
Preservation Planned Unit development ordinance helps protect natural resources by limiting
allowed density to buildable acres.
5.A lower density within Open Space Preservation developments minimizes risk for septic
systems to fail and thereby minimizes the need to connect to City sewer.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby denies the request by Landucci Homes, Inc. to amend the City of Lake Elmo Comprehensive Plan by amending language regarding allowable densities within Open Space Preservation developments.
Passed and duly adopted this 5th day of December 2017, by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Mike Pearson, Mayor
ATTEST:
_____________________________ Julie Johnson, City Clerk
STAFF REPORT
DATE: December 5, 2017
REGULAR
ITEM #: 19
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Hidden Meadows 2nd Addition Development Agreement
REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney
Kristina Handt, City Administrator
BACKGROUND:
On July 5, 2017, the City Council adopted Resolution 2017-073 approving the Final Plat of Hidden
Meadows at Lake Elmo 2nd Addition. The Council had denied an extension request for the Final
Plat at its September 5, 2017 meeting, and RM Investments, LLC & Mpls Re, LLC have since met
all the conditions of Final Plat approval except for an executed Development Agreement, which
needs to be done prior to recording the final plat with Washington County.
ISSUE BEFORE COUNCIL:
The City Council is being asked to adopt Resolution 2017-138 approving the Developer
Agreement for Hidden Meadows at Lake Elmo 2nd Addition.
REVIEW/ANALYSIS:
A condition of approval of the Hidden Meadows at Lake Elmo 2nd Addition Final Plat is that the
developer enter into a Developer’s Agreement prior to the execution of the plat by City officials.
Staff has drafted this Developer Agreement which is attached for consideration by the City
Council. The key aspects of the agreement include the following components:
•The Developer provide executed warranty deeds to the City for recording for Outlots F and
G.
•Legal documents regarding homeowner association documents, covenants, and restrictionsare to be submitted, reviewed, and approved by the City Attorney.
•That all public improvements be completed per the phasing plan by October 31, 2020, with
the exception of the final wear course of asphalt on streets. Usually this date is October ofthe year of the agreement, but the developer is planning to construct in phases, and so thistime period has been extended.
City Council – Staff Report
Meeting date: 12/5/2017
Page 3
•The developer is to pay a parkland dedication fee of $84,000 in lieu of dedicated parkland.
The purchase agreement indicates that the purchase price of the property is $1,200,000,and the zoning district in which the development is located requires 7% of the land of theentire subdivision to be dedicated towards parkland, or a fee in lieu of land. 7% of$1,200,000 is $84,000.
•Two building permits for model homes.
•The developer is to replace the septic system on Lot 1 Block 1 per the condition of FinalPlat approval.
•That the developer enter in to an encroachment agreement with the City assigning
responsibility for the maintenance of retaining walls in Kelvin Avenue North and 57th
Street North right-of-way to the homeowners’ association.
•The Developer shall pay a $4,000 escrow to ensure proper cleanup of the dump site.
•The Developer shall pay a cash contribution of $50,000 for the future maintenance costs
of 2 of the 3 lift stations.
•The Developer shall enter in to a conservation easement agreement with the City overOutlots B, C, D, F, G, H and I and reimburse the City $20,000 for maintenance costsassociated with this easement. The Minnesota Land Trust charges $35,000 to $45,000 fora conservation easement fee, depending on the size of the easement. The City does notcurrently have such a fee on the fee schedule, however, there will be significant cost
associated with the monitoring and enforcement of this easement in perpetuity, and so theCity should recover these costs with this Development Agreement.
The Development Agreement will not be executed until the final construction plans are approved,
all fees and securities, and insurance certificates are received among other requirements. Only after
recording of the final plat and the completion of a pre-construction meeting with the City can the
construction commence.
FISCAL IMPACT:
The future financial impacts include maintenance of streets, trails, sanitary sewer mains,
watermains, and other public infrastructure, maintenance of storm water ponding areas (after
warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Water Accessibility Charges and property taxes for the 25 lot single family residential subdivision.
OPTIONS:
The City Council has the following options:
1)Adopt Resolution 2017-138 approving the Development Agreement for Hidden Meadows
at Lake Elmo 2nd Addition; or
2)Direct Staff to amend the draft Development Agreement to bring back to a future City Council meeting.
City Council – Staff Report
Meeting date: 12/5/2017
Page 3
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2017-138 approving the Development
Agreement for Hidden Meadows at Lake Elmo 2nd Addition.
“Move to adopt Resolution 2017-138 approving the development agreement for Hidden
Meadows at Lake Elmo 2nd Addition Final Plat”
ATTACHMENTS:
•Resolution 2017-138
•Hidden Meadows at Lake Elmo 2nd Addition Development Agreement
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION NO. 2017-138
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR HIDDEN MEADOWS
AT LAKE ELMO 2ND ADDITION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and
WHEREAS, RM Investments, LLC and Mpls RE, LLC 13925 Fenway Blvd N, Hugo, MN 55042 (“Developer”) has previously submitted an application to the City of Lake Elmo (“City”) for Final Plat to be called Hidden Meadows at Lake Elmo 2nd Addition, a copy of which is on file in the City Planning Department; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2006-038 approving the Open Space Preservation Development Stage Plan, Preliminary Plat and CUP of Hidden Meadows of Lake Elmo on April 18, 2006; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2017-073 approving The
Hidden Meadows at Lake Elmo 2nd Addition Final Plat on July 5, 2017; and
WHEREAS, a condition of approval of said Resolution 2017-073 establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Development Agreement with
the City; and.
WHEREAS, the Developer and the City have agreed to enter into such a contract and a copy of the Development Agreement was submitted to the City Council for consideration at its December 5, 2017 meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Development Agreement for The Royal Golf Club at Lake Elmo 1st Addition and authorizes the mayor and city Clerk to execute the document.
Passed and duly adopted this 5th day of December, 2017 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________ Mike Pearson, Mayor ATTEST:
____________________________________ Julie Johnson, City Clerk
1
511401v2 SJS LA515-31
(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water) HIDDEN MEADOWS 2ND ADDITION
THIS DEVELOPMENT AGREEMENT is dated ______________, 2017, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and RM Investments, LLC,
a Minnesota limited liability company and Mpls RE, LLC, a Minnesota limited liability company
(collectively, the “Developers”).
1. REQUEST FOR PLAT APPROVAL. The Developers have asked the City to approve
a plat for Hidden Meadows 2nd Addition (referred to in this Agreement as the “Subdivision”). The
property being platted is situated in the County of Washington, State of Minnesota, and is legally
described on Exhibit A.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on
the condition that the Developers enter into this Agreement, furnish the security required by it,
and file the plat with the County Recorder or Registrar of Titles within 180 days after the City
Council approves the final plat.
3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the
2
511401v2 SJS LA515-31
Property and the construction therein of certain public and private improvements. The Developers
may not grade or otherwise disturb the earth, remove trees, or construct public or private
improvements or any buildings within the Subdivision until all the following conditions precedent
have been satisfied:
A. the Developers have prepared a warranty deed conveying fee title to Outlot F and Outlot
G to the City and provided the executed deed to the City for recording with Washington
County;
B. the Developers have executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and Public Works
Director in the City’s standard form;
C. the Developers have executed and recorded with Washington County the storm water
maintenance and easement agreement in the City’s standard form;
D. this Agreement has been executed by the Developers and the City;
E. the required Security (as hereinafter defined) have been received by the City from or on
behalf of the Developers;
F. final construction plans and specifications have been submitted by the Developers and
approved by the City Engineer;
G. the Developers have paid the City for all legal, engineering, and administrative expenses
incurred by the City regarding the City approvals and has given the City the additional
City Engineering Administration Escrow required by this Agreement;
H. the Developers have paid any outstanding assessments and taxes for the property or
property being deeded to the City;
I. the Developers have fulfilled any park dedication requirements as specified under this
Agreement;
3
511401v2 SJS LA515-31
J. the Developers have received all necessary permits from the MPCA, MDH, DNR,
applicable watershed, Washington County, and any other agency having jurisdiction over
the Subdivision;
K. the Developers have provided the City with a certificate of insurance required by this
Agreement;
L. the Developers or the Developers’ engineer and the Developers’ contractor(s) have
initiated and attended a preconstruction meeting with the City Engineer and City staff;
M. the final plat has been recorded with Washington County;
N. the City has issued a written notice that all above conditions have been satisfied and that
the Developers may proceed;
O. Legal documents regarding homeowner association documents, covenants, and
restrictions have been submitted, reviewed and approval by the City Attorney; and
P. the Developers have provided a title insurance policy for all land being deeded or
dedicated to the City in the plat.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat,
the City may refuse to approve final plats of subsequent phases of the development if the
Developers are not in compliance with any term of this Agreement and the non-compliance has
not been remedied. Development of subsequent phases of the development may not proceed
until development agreements for such phases are approved by the City. Park dedication charges
and availability charges for sewer and water referred to in this Agreement are not being imposed
on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the
plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots
and blocks.
5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased
preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be
4
511401v2 SJS LA515-31
void unless final platted into lots and blocks, not outlots, within five years after preliminary plat
approval.
6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement,
no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the
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 Developers. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state
law, the City may require compliance with any changes to the City's Comprehensive Plan, official
controls, platting, or dedication requirements enacted after the date of this Agreement.
7. DEVELOPMENT PLANS. The Developers agree to develop the Property in
accordance with the City approvals, including the terms and conditions of approval of the final plat
as detailed in City Council Resolution No. 2017-073, and to construct all improvements in
accordance with the approved construction plans and specifications (collectively, the “Plans”)
prepared by a professional engineer registered in the State of Minnesota at their sole expense.
All terms and conditions of the City approvals are hereby incorporated by reference into this
Agreement. The documents which constitute the Plans are those on file with and approved by
the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the
Developers without the prior written approval of the City.
8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the
Developers shall make or install at their sole expense the following public and private
improvements (collectively, the “Subdivision Improvements”):
A. Grading and erosion control;
B. Private sanitary sewer conveyance system;
C. Phase 2 wastewater disposal system;
D. Water system improvements;
E. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.);
5
511401v2 SJS LA515-31
F. Streets;
G. Trails;
H. Underground private utilities;
I. Landscaping;
J. Street lighting and signage;
K. Tree preservation and reforestation;
L. Wetland mitigation and buffers; and
M. Monuments required by Minnesota Statutes.
All improvements shall be installed in accordance with the approved Plans, the City
approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and
the City’s Landscape and Irrigation Standards. The Developers shall instruct their engineer to
provide adequate field inspection personnel to assure an acceptable level of quality control to the
extent that the Developers’ engineer will be able to certify that the construction work meets the
approved Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition
of City acceptance. In addition, the City may, at the City's discretion and at the Developers’
expense, have one or more City inspectors or a soil engineer inspect the Developers’ work on a
full or part-time basis. The Developers’ engineer shall provide for on-site project management.
The Developers’ engineer is responsible for design changes and contract administration between
the Developers and the Developers’ contractor.
9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developers shall submit
to the City an amount to be escrowed by the City for City administration and construction
observation costs in an amount provided under paragraph 37 of this Agreement - Summary of
Cash Requirements. Thereafter, the Developers shall reimburse the City each month, within 30
days of receiving an invoice, for all administration and construction observation costs incurred by
the City during the construction of the Subdivision Improvements by the City’s engineering, public
6
511401v2 SJS LA515-31
works, planning, and landscape architecture staff and consultants. After 30 days of the invoice,
the City may draw upon the escrow and stop the work on site until the escrow has been
replenished in its full amount. City administration and oversight will include monitoring of
construction progress and construction observation, consultation with the Developers and the
Developers’ professionals 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 the Security. 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 by the City on an hourly basis.
The direction and review provided by the City through the inspection of the Subdivision
Improvements should not be considered a substitute for the Developers-required management of
the construction of the Subdivision Improvements. The Developers must require the Developers’
contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to
the commencement of construction of each type of Subdivision Improvement. The City shall
inspect all Developers-installed Subdivision Improvements during and after construction for
compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The
Developers will notify the City at such times during construction as the City 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 the Developers 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 percent ownership interest or in which they are an
officer or director may not act as contractors or subcontractors for the Subdivision Improvements
identified in Paragraph 8 above.
7
511401v2 SJS LA515-31
11. TIME OF PERFORMANCE. The Developers shall install all required Subdivision
Improvements, per the phasing plan,by October 31, 2020, with the exception of the final wear
course of asphalt on streets. The Developers shall install the bituminous wearing course of streets
after the first course has weathered a winter season, consistent with warranty requirements,
however, final acceptance of the Subdivision Improvements by the City will not be granted until
all work is completed, including the final wear course. The Developers 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 Developers 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.
12. MAINTENANCE DURING CONSTRUCTION. The Developers shall be responsible
for all maintenance of the Subdivision Improvements including the snow plowing of the streets,
roads and alleys until the Subdivision Improvements are accepted by the City in writing. The
Developers are also responsible to locate all underground utilities until the Subdivision is accepted
in writing by the City. Warning signs shall be placed by the Developers 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 by the Developers. In
the event residences are occupied prior to completing streets, the Developers shall maintain a
smooth surface and provide proper surface drainage to ensure that the streets are passable for
traffic and emergency vehicles. The Developers shall be responsible for keeping streets within
and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto
the street from the Developers’ operations. The Developers shall contract for street cleaning for
streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping
shall take place on a weekly basis.
Prior to the City’s acceptance of the streets, the City may agree, at the City’s sole
8
511401v2 SJS LA515-31
discretion, to keep the streets open during winter months by plowing snow. The City will consider
snow plowing streets on a case by case basis and under the following conditions: 1) the
Developers must request in writing the streets in question to be plowed by the City, with such
request received prior to October 1st of each winter season that plowing is requested; 2) the
streets must be occupied by residents of the City; 3) for streets that do not have the bituminous
wear course placed, the Developers must install paved wedges along all curb lines and catch
basins; 4) gate valves and manholes must be level with the pavement surface; 5) street curves,
center medians, and other protrusions in the right-of-ways must be delineated with “High-vis”
fiberglass stakes; 7) a site review must be scheduled and conducted with Public Works and
attended by the Developers to accept the streets for plowing prior to the commitment of plowing
by the City; 8) the City shall not be responsible for any damage caused by snow plowing
operations to the streets, curb and gutter, manholes, catch basins, or other infrastructure; and 8)
the Developers shall enter into an Agreement with the City for plowing of the streets.
13. LICENSE. The Developers hereby grant the City, its agents, employees, officers, and
contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property and this Agreement.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the Subdivision via Kelvin
Avenue North. No construction traffic is permitted on other adjacent local streets, including the
loading and unloading of equipment.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
Developers to construct the Subdivision Improvements in a sequence which will allow progress
and compliance points to be measured and evaluated. The Developers and the Developers’
representatives are required to supervise and coordinate all construction activities for all
Subdivision Improvements and must notify the City in writing stating when the work is ready for
9
511401v2 SJS LA515-31
the inspection at each of the measurable points defined in the following paragraphs.
16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall
be completed in a manner designed to control erosion and in compliance with the City Code, the
City’s Engineering Design and Construction Standards Manual, all watershed district permits, the
Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate
storm sewer system program. Prior to initiating any work on the site, an erosion control plan must
be implemented by the Developers and inspected and approved by the City. Erosion and
sediment control measures shall be coordinated with the various stages of development. The
City may impose additional erosion control requirements at any stage in development as deemed
necessary to maintain a compliant site. All areas disturbed for site improvements must be
reseeded by the Developers promptly after the work in the area is complete unless construction
of the next stage of the improvements will begin in that area within seven days. The parties
recognize that time is of the essence in controlling erosion.
If the Developers do 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 Developers in advance of any
proposed action, but failure of the City to do so will not affect the Developers’ and City's rights or
obligations hereunder. If the Developers do not reimburse the City for any cost the City incurred
for such work within 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
by the City unless the Subdivision is in full compliance with the approved erosion control plan.
If building permits are issued prior to the acceptance of public Subdivision Improvements,
the Developers assume all responsibility for erosion control compliance throughout the
Subdivision and the City may take such action as allowed by this Agreement against the
Developers for any noncompliant issue as stated above. Erosion control plans for individual lots
10
511401v2 SJS LA515-31
will be required in accordance with the City’s building permit requirements, or as required by the
City or City Engineer.
17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise
prepare the Property for development, it will be necessary for the Developers to grade the
Subdivision. All grading must be done in compliance with this Agreement and the approved
grading plans. Within 30 days after completion of the grading, the Developers shall provide the
City with an “as built” grading plan and a certification by a registered land surveyor or engineer
as required in the City’s Engineering Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
watermain, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City’s
Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the
bituminous streets, sidewalks, 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 Developers or the Developers’ 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 Developers and
the City notified to re- inspect the improvements. The final bituminous wear course shall be
installed by the Developers after the first bituminous course has weathered a winter season. Prior
to placement of the final bituminous wear course, the Developers shall repair or replace all broken
or failing curbs, sidewalks and damaged or settled streets as determined by the City from a pre-
wear course walk through inspection.
19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
A. The Developers agree to install landscaping in accordance with the approved Plans,
11
511401v2 SJS LA515-31
the City approvals, the City Code, the City’s Engineering Design and Construction
Standards Manual, and the City’s Landscape and Irrigation Standards. All
landscaping materials such as trees, shrubs, grasses, or other vegetation installed
by the Developers must be warrantied and maintained for a period of two years. The
two year warranty period shall be deemed to start once all required landscaping
identified as responsibility of Developers in the approved Plans has received
acceptance by the City. The Developers agree to have the installer of the
landscaping complete an inspection 30 days prior to the end of the two year warranty
period and provide the City with a written report identifying the condition of all
landscaping. In the event any landscaping installed by the Developers is deemed to
be in poor condition or dead, the Developers are to replace the landscaping with like
kind materials or as otherwise approved by the City.
B. The Developers shall be responsible for maintaining regular watering, fertilizing, and
over-seeding necessary to establish final lawns and yards as identified in the
approved Plans for outlots, public rights-of-way, and any disturbed areas outside the
Subdivision boundaries according to a landscape maintenance plan approved by the
City. The Developers agree to achieve “substantial performance” on all seeded or
sodded lawns and yards disturbed during the construction of Subdivision
Improvements. For the purpose of this Agreement, “substantial performance” shall
be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf
areas with an average blade height of three inches free of eroded, bare, or dead
spots and free from perennial weeds or unwanted grasses with no visible surface
soil.” For areas seeded with a native grass or flower mix “substantial performance”
shall be defined as “square foot native grass or flower areas with an average height
of eight inches free of eroded, bare, or dead spots and no visible surface soil.”
20. SIGNAGE, STREET LIGHTING, AND OTHER UTILITIES. The Developers agree
12
511401v2 SJS LA515-31
to install street signs, traffic and parking signs, and pavement markings within the Subdivision all
in accordance with the approved Plans and the City Engineering Design Standards Manual.
Street and traffic sign details shall be submitted by the Developers to the City for approval prior
to installation. In addition, the Developers shall be responsible for the cost and all coordination
work to extend private utilities along with street lighting within the Subdivision all in accordance
with the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the Developers must furnish the City with a complete set of reproducible "record" plans and an
electronic file of the "record" plans in accordance with the City’s Engineering Design and
Construction Standards Manual together with the following affidavits:
- Developers/Developers’ Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this
Agreement. 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 that the public Subdivision
Improvements have been completed in accordance with the terms of this Agreement, the City
Engineer will accept the completed public Subdivision Improvements.
22. PARK DEDICATION. The Developers shall pay to the City a cash contribution of
$84,000.00 in satisfaction of the City's park dedication requirements. The charge was calculated
as follows: seven percent of the purchase price of the Property,1,200,000.00, as indicated by the
Fourth Amendment to Purchase Agreement, dated September 18, 2017.
23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developers shall be responsible for the payment of all water availability
charges (WAC) with respect to the Subdivision Improvements required by the City and any state
13
511401v2 SJS LA515-31
or metropolitan government agency.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by
the Developers to the City prior to recording the final plat. The total amount to be paid by the
Developers is $75, 0000.00.[1]
In addition, a water connection charge in the amount of $1,000.00 per REC will be payable
by the Developers and collected by the City at the time the building permit is issued for each lot.
24. STREET LIGHTS. The Developers are responsible for the cost of street light installation
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developers shall post security for street light installation consistent with the approved Plans. The
required security is $36, 000.00 (calculated as six decorative lights at a cost of $6000 each). The
Developers shall also pay the City $129/street light (a total of $774.00) to reimburse the City for
the first year operating costs for the street lights.
25. WETLAND MITIGATION. The Developers shall complete wetland
mitigation/restoration in accordance with the approved Plans and in accordance with any
applicable watershed or agency permits. If the mitigation work is found to be incomplete or
restoration is unsuccessful, the City may draw down the Security at any time during the warranty
period to perform the work if the Developers fail to take corrective measures after being provided
reasonable notice by the City.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permit shall be issued for any lot within the Subdivision, or within a
completed phase of the Subdivision in a City preapproved phasing plan, until such
time that sanitary sewer, water, storm sewer, curbing, and one lift of asphalt has
been installed and tested for all public streets; trails have been installed; street and
traffic control signs are installed; property monuments have been installed and
grading as-built plans have been submitted and approved by the City. Installation of
14
511401v2 SJS LA515-31
the Phase 2 Wastewater Treatment System must be complete prior to issuance of
building permits for Phase 2. A “preapproved phasing plan” is defined as a phased
construction plan that has been submitted by the Developers and approved by the
City in advance of the preconstruction meeting for the Subdivision. Once the
construction has started, the City will not consider revisions to the phasing plan for
the purpose of issuing building permits.
B. Issuance of two building permits for “model homes” may be authorized by the City
Planning Director prior to the completion of the Subdivision Improvements described
in paragraph 26 (A) above, if there is safe public access to the lot that is sufficient to
allow construction to proceed and there is a grading as-built plan approved by the
City for the lot and all downstream storm water drainage facilities. However, the City
will not issue a certificate of occupancy for any “model home” until all conditions
identified in paragraph 26 (A) above have been completed. The Developers shall
use the model homes only for real estate sales purposes and no other purposes.
C. 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 Planning Department.
D. Breach of the terms of this Agreement by the Developers, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
occupancy, and withholding of other permits, inspection or actions and the halting of
all work in the Subdivision.
E. If building permits are issued prior to the acceptance of the public Subdivision
Improvements by the City, the Developers assume all liability and costs resulting in
delays in completion of public Subdivision Improvements and damage to public
Subdivision Improvements caused by the City, the Developers, the Developers’
15
511401v2 SJS LA515-31
contractors, subcontractors, materialmen, employees, or agents, or any 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.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that work
required by this Agreement has been performed and the amounts due to them have
not been paid, and the laborers, materialmen, or others are seeking payment from
the City, the Developers hereby authorize the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the Security 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
Developers shall release, discharge, and dismiss the City from any further
proceedings as it pertains to the funds deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees pursuant to this
Agreement.
B. Except as otherwise specified herein, the Developers shall pay all costs incurred by
it or the City in conjunction with the development of the Subdivision, including but
not limited to legal, planning, engineering, and inspection expenses incurred in
connection with the City’s approval and acceptance of the plat and the Subdivision,
the preparation of this Agreement, the City’s review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Subdivision. All amounts incurred and due to the City
at the time of the recording of the final plat must be fully paid by the Developers prior
to the City executing and releasing the final plat for recording.
16
511401v2 SJS LA515-31
C. The Developers shall hold the City and its officials, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred
resulting from the City’s approval of the plat and the development of the Subdivision.
The Developers shall indemnify the City and its officials, 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 Developers shall reimburse the City for costs incurred in the enforcement of this
Agreement, including reasonable engineering and attorneys' fees.
E. The Developers 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 Agreement. This
is a personal obligation of the Developers and shall continue in full force and effect
even if the Developers sell one or more lots, the entire Property, or any portion of it.
F. The Developers shall pay in full all bills submitted to them by the City for obligations
incurred under this Agreement within 30 days after receipt. Bills not paid within 30
days shall be assessed a late fee per the City adopted fee schedule. Upon request,
the City will provide copies of detailed invoices of the work performed by the City
and its consultants.
28. CITY PAYMENTS. The City shall reimburse the Developers in the amount of $58,
064.00 for oversizing costs associated with the installation of 16 inch water main as identified on
the Plans. City payments shall be made within 30 days of the City’s final acceptance of the
Improvements, but only if the Developers are not in default of this Agreement. This payment by
the City shall be the City’s only responsibility with regard to construction of the Improvements
and in no case shall act as a waiver of any other right of the City under this Agreement or under
applicable laws, ordinances, or rules.
29. SPECIAL PROVISIONS. The following special provisions shall apply to the
17
511401v2 SJS LA515-31
Subdivision:
A. Implementation of the recommendations listed in the ___________________,
Engineering memorandum.
B. Upon the recording of the final plat, the Developers shall convey Outlots F and G to
the City by warranty deed, free and clear of any and all encumbrances, unless
otherwise agreed to by the City.
C. The Developers shall install a temporary turnaround on 56th Place North in
accordance with the Phase 1 Plan until it is extended to the east with the second
phase of the phasing plans.
D. The Developers must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
E. The Developers shall enter into a Landscape License Agreement with the City that
clarifies the individuals or entities responsible for maintenance of any landscaping
installed in areas outside of land dedicated as public park and open space on the
final plat.
F. A declaration addressing the management and maintenance of the common areas,
the maintenance of the communal septic system and establishing a homeowners’
association must be submitted in final form to the City for the review and approval
by the City Attorney prior to issuance of any building permit within the Subdivision.
G. The septic system on Lot 1, Block 1, Hidden Meadows 2nd Addition must be replaced
per Inspection Report from Inspect Minnesota & Midwest Soil Testing.
H. All permits and title for the property on which the communal septic system is to be
located must be transferred to the homeowners’ association. The City requires
evidence of this transfer.
I. The Developers shall enter in to an encroachment agreement with the City assigning
18
511401v2 SJS LA515-31
responsibility for the maintenance of retaining walls in Kelvin Avenue North and 57th
Street North rights-of-way to the homeowners’ association.
K. The Developers shall escrow $4,000 with the City in order to ensure the proper
cleanup of the dump site on the Property by the Developers. The Developer shall
enter in to a conservation easement agreement with the City over Outlots B, C, D, F,
G, H and I and reimburse the City $20,000 for maintenance costs associated with this
easement.
30. MISCELLANEOUS. A. The Developers may not assign this Agreement without the written permission of the
City Council. The Developers’ obligations hereunder shall continue in full force and
effect even if the Developers sell one or more lots, the entire Property, or any portion
of it. . Notwithstanding the requirements herein, the City specifically grants
permission to Developer to assign this Agreement to Creative Homes/Rachel
Development provided Developer gives proper notice to the City and provided
Developer is not in default of any provision in this Agreement. Upon assignment of
the Agreement to Creative Homes/Rachel Development, the Developer shall be
released of any obligations of this Agreement, including but not limited to the
requirement that Developer provide any Security for the obligations described
herein, and said obligations of the Agreement shall be the sole and exclusive
obligation of Creative Homes/Rachel Development.
B. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a professional 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. All retaining walls identified on
the Plans or by special conditions referred to in this Agreement shall be constructed
19
511401v2 SJS LA515-31
before any other building permit is issued for a lot on which a retaining wall is
required to be built.
C. Legal documents regarding homeowner association documents, covenants, and
restrictions shall be submitted to the City prior to recording of the final plat for review
and approval by the City Attorney.
D. The Developers shall take out and maintain or cause to be taken out and maintained
until six months after the City has accepted the public Subdivision Improvements,
public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of Developers’ 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
$1,500,000 for each occurrence; limits for property damage shall be not less than
$200,000 for each occurrence; or a combination single limit policy of $1,500,000 or
more. The City shall be named as an additional insured on the policy, and the
Developers shall file with the City a certificate of insurance evidencing coverage prior
to the City signing the plat. The certificate shall provide that the City must be given
30 days’ advance written notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Agreement.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City Council.
20
511401v2 SJS LA515-31
The City's failure to promptly take legal action to enforce this Agreement shall not be
a waiver or release.
H. This Agreement shall run with the land and may be recorded against the title to the
Property at the Developers’ expense. The Developers covenant with the City, its
successors and assigns, that the Developers have fee title to the Property being final
platted and have obtained consents to this Agreement, in the form attached hereto,
from all parties who have an interest in the Property, including, but not limited to,
mortgagees; that there are no unrecorded interests in the Property being final
platted; and that the Developers 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 Developers represent to the City that the Subdivision and the Subdivision
Improvements comply or will comply 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
Subdivision is not in compliance, the City may, at its option, refuse to allow
construction or development work in the Subdivision until it is brought into
compliance. Upon the City’s demand, the Developers shall cease work until there
is compliance.
31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this
21
511401v2 SJS LA515-31
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 the Developers to commence and complete
construction of the public Subdivision Improvements pursuant to the terms,
conditions, and limitations of this Agreement.
B. Failure by the Developers to substantially observe or perform any material covenant,
condition, obligation, or agreement on its part to be observed or performed under
this Agreement.
32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject
to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by
written, executed instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from the 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 the Developers, or immediately
draw on the Security, as set forth in this Agreement.
33. ENFORCEMENT BY CITY; DAMAGES. The Developers acknowledge the right of
the City to enforce the terms of this Agreement against the Developers, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
default by the Developers as to construction or repair of any of the Subdivision Improvements or
any other work or undertaking required by this Agreement, the City may, at its option, perform the
22
511401v2 SJS LA515-31
work and the Developers shall promptly reimburse the City for any expense incurred by the City.
This Agreement is a license for the City to act, and it shall not be necessary for the City to seek
an order from any court for permission to enter the Subdivision for such purposes. If the City
does such work, the City may, in addition to its other remedies, levy special assessments against
the land within the Subdivision to recover the costs thereof. For this purpose, the Developers, for
themselves and their successors and assigns, expressly waive any and all procedural and
substantive objections to the special assessments, including, but not limited to, hearing
requirements, and any claim that the assessments exceed the benefit to the land so assessed.
The Developers, for themselves and their successors and assigns, also waive any appeal rights
otherwise available pursuant to Minnesota Statutes Section 429.081.
The Developers also acknowledges that their failure to perform any or all of the
Developers’ obligations under this Agreement may result in substantial damages to the City; that
in the event of default by the Developers, the City may commence legal action to recover all
damages, losses and expenses sustained by the City; and that such expenses may include, but
are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement
of this Agreement.
34. WARRANTY. During the warranty period, the Developers warrant that all Subdivision
Improvements will be free from defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the Developers agree to repair or
replace any Subdivision Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear excepted. If the Developers fail to repair or replace a defective
Subdivision Improvement during the warranty period, the City may repair or replace the defective
portion and may use the Security to reimburse itself for such costs. The Developers agree to
reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the
cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made
23
511401v2 SJS LA515-31
within 45 days of the date upon which the City notifies the Developers of the cost due under this
paragraph. The Developers hereby agree to permit the City to specially assess any unreimbursed
costs against any lots in the Subdivision which have not been sold to home buyers if the
Developers fail to make required payments to the City. The Developers, on behalf of themselves
and their successors and assigns, acknowledge the benefit to the lots within the Subdivision of
the repair or replacement of the Subdivision Improvements and hereby consent to such
assessment and waives the right to a hearing or notice of hearing or any appeal thereon under
Minnesota Statutes, Chapter 429.
A. The required warranty period for all work relating to the private sewer and public
water shall be two 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, trails, materials and equipment shall be subject to one year
from the date of final written acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is two years from the
date of final written City acceptance of the installation.
35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement, payment of special assessments, payment of the costs of all public
Subdivision Improvements, and construction of all public Subdivision Improvements, the
Developers shall furnish the City with an irrevocable letter of credit or a cash escrow or a
combination of a cash escrow and letter of credit (the “Security") in the amount of $2,230,607.
The bank originating the letter of credit shall be determined by the City to be solvent and
creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and
must be approved by the City. The amount of the Security was calculated as itemized on Exhibit
C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer
satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the
24
511401v2 SJS LA515-31
Developers and the Developers shall provide to the City within 45 days a substitute for the letter
of credit from another bank meeting the City’s requirements. If the Developers fail to provide the
City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City,
the City may draw under the existing letter of credit.
This breakdown is for historical reference; it is not a restriction on the use of the Security.
The City may draw down the Security, without notice, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required
public Subdivision Improvements are not completed at least 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 by the City to cure the default.
36. REDUCTION OF SECURITY. Upon written request by the Developers and upon receipt
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. Upon completion of grading operations, including temporary site restoration. The
Developers must submit an as-built grading survey to the City that at a minimum
establishes the as-built grades at all lot corners and downstream drainage
conveyance systems and storm water ponds. Upon inspection of the site and
approval of the as-built survey by the City, 100 percent, or $156,250, of the Security
associated with grading may be released. This Security reduction does not include
amounts related to erosion and sedimentation control.
B. Up to 75 percent of the Security associated with the itemization on Exhibit C may
be released upon completion of the following key milestones of the project as
determined by the City Engineer:
1. Construction Categories 2 and 3: The amount of $375,003 may be released
25
511401v2 SJS LA515-31
when all sanitary sewer and watermain utilities have been installed, all testing
and televising has been successfully completed, sanitary sewer as-builts have
been verified, and the utilities are considered ready for use by the City
Engineer.
2. Construction Categories 4 and 5: The amount of $587,042 may be released when all streets
and storm sewer have been installed and tested, and have been found to be complete to the
satisfaction of the City Engineer including all corrective work for any identified punch list items
and including verification of storm sewer as-built inverts, but not including the final wear course.3.
Construction Categories 6-10 and 14-17: The amount of $411,848 may be released when all
remaining Developers’ obligations under this Agreement have been completed including: (1)
bituminous wear course; (2) street lighting and private utilities; (3) trails; (4) bio retention facilities;
(5) iron monuments for lot corners have been installed; (3) all financial obligations to the City
satisfied; (4) the required "record" plans in the form of the City standards have been received and
approved by the City; and (5) the public Subdivision Improvements are accepted by the City
Engineer and the City Council.
Construction Categories 11, 12 and 13: The amount of $181,875 may be
released when landscaping Subdivision Improvements have been installed to
the satisfaction of the City including all corrective work for any identified punch
list items.
C. Twenty-five percent of the original Security amount, excluding grading and
landscaping improvements shall be retained until: (1) all Subdivision
Improvements have been fully completed and accepted by the City, including all
corrective work and warranty punch list items; (2) all financial obligations to the
City have been satisfied; and (3) the warranty period has expired.
D. Twenty-five percent of the original Security amount associated with landscaping
shall be retained by the City until: (1) all landscaping Subdivision Improvements
26
511401v2 SJS LA515-31
have been fully completed and accepted by the City, including all corrective work
and warranty punch list items being completed by the Developers; (2) all financial
obligations to the City have been satisfied; and (3) the warranty period has expired.
E. In addition to the above project milestone based Security reductions, the
Developers may submit a written request and upon receipt of proof satisfactory to
the City Engineer that work is progressing in accordance with the approved Plans
and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve a one-time reduction in the Security
for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial
Security amount.
F. It is the intent of the parties that the City at all times have available to it Security in
an amount adequate to ensure completion of all elements of the Subdivision
Improvements and other obligations of the Developers under this Agreement,
including fees or costs due to the City by the Developers. To that end and
notwithstanding anything herein to the contrary, all requests by the Developers for
a reduction or release of the Security shall be evaluated by the City in light of that
principle.
37. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Agreement which must be paid to the City prior to recording the final plat:
Water Availability Charge (WAC): $75,000 Park Dedication: $84,000
Street Light Operating Fee: $645[2] City Base Map Upgrading ($25.00 per REU): $650 Reimbursement for City Maintenance Costs Associated With Conservation Easement $20,000 City Engineering Administration Escrow: $50,000 Dump Site Cleanup Escrow $4,000 TOTAL CASH REQUIREMENTS: $234,295
27
511401v2 SJS LA515-31
38. NOTICES. Required notices to the Developers shall be in writing, and shall be either
hand delivered to the Developers, their employees or agents, or mailed to the Developers by
certified mail at the following addresses: 13925 Fenway Blvd N, Hugo, MN 55042. 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.
39. EVIDENCE OF TITLE. The Developers shall furnish the City with evidence of fee
ownership of the property being platted by way of a title insurance policy dated not earlier than 30
days prior to the execution of the plat.
40. COMPLIANCE WITH LAWS. The Developers agree to comply with all laws,
ordinances, regulations, and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of the Minnesota.
41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement
is cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, or available to the City at law or in equity, or under any other agreement. 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.
If either party waives in writing any default or nonperformance by the other party, such waiver
shall be deemed to apply only to such event and shall not waive any other prior or subsequent
default.
28
511401v2 SJS LA515-31
43. COUNTERPARTS. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
29
511401v2 SJS LA515-31
CITY OF LAKE ELMO By: ____________ __________________ Mike Pearson Its: Mayor By: __________________ _____________ Julie Johnson Its: City Clerk
STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, 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
30
511401v2 SJS LA515-31
RM INVESTMENTS, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by _______________________, the _______________________of RM Investments, LLC, a Minnesota limited liability company, on behalf of the company.
NOTARY PUBLIC
31
511401v2 SJS LA515-31
MPLS RE, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by _______________________, the _______________________of Mpls RE, LLC, a Minnesota limited liability company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
32
511401v2 SJS LA515-31
FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT
, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Agreement, 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 _____________, 20___.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
33
511401v2 SJS LA515-31
MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT
, which holds a mortgage on the Property, the development of which is governed by the foregoing Development
Agreement, agrees that the Development Agreement 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 ________________, 20___, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
34
511401v2 SJS LA515-31
CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT
, which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 20___.
STATE OF MINNESOTA )
) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
511401v2 SJS LA515-31
EXHIBIT A TO DEVELOPMENT CONTRACT Legal Description of the Property Being Final Platted as
Hidden Meadows 2nd Addition
Outlots A and B, and Lot 1, Block 1, all in Hidden Meadows of Lake Elmo, Washington County, Minnesota.
B-1
511401v2 SJS LA515-31
EXHIBIT B TO DEVELOPMENT CONTRACT List of Plan Documents Hidden Meadows of Lake Elmo 2nd Addition Construction Plans The following documents prepared by Solution Blue, and Damon Farber, collectively constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE
C1 Cover Sheet 10-31-17
C1.1 Existing Site Map 10-31-17
C1.2-C1.3 Phasing Plan 10-31-17
C2.0-C.2.7 Existing Site 10-31-17
C3 SWPPP 10-31-17
C4-C5 Site Development Plan 10-31-17
C6.0 Site Area Map 10-31-17
C7-C10 Grading & Erosion Control Plans 10-31-17
C11-C15 Utility Plan & Profile 10-31-17
C16-C20 Sanitary Sewer Plan & Profile 4-03-17
C21-C25 Grading & Drainage Plan & Profile 10-31-17
C26 Drainage Laterals 10-31-17
C27 Drainage Tab & Typ Section Sheet 10-31-17
C28-C30 Signage Plans 10-31-17
C31-C38 Details 10-31-17
L001-L004 Landscape Plan Sheets 10-30-17
WW1-WW5 Sanitary Collection System Plans
C-1
511401v2 SJS LA515-31
EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125percent
1 Grading $125,000 $156,250
2 Sanitary Sewer $107,890 $134,863
3 Watermain $292,113 $365,141
4 Storm Sewer (includes pond structures
and outfall pipes)
$301,130 $376,413
5 Streets and Sidewalks $325,048 $406,310
6 Trails $28,600 $35,750
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
$131,988 $164,984
8 Street Lighting
$36,000 $45,000
9 Street and Traffic Signs $8,600 $10,750
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$0 $0
11 Landscaping Improvements $185,000 $231,250
12 Tree Preservation and Restoration $ $0
13 Wetland Mitigation and Buffers $9,000 $11,250
14 Monuments $2,500 $3,125
15 Erosion and Sedimentation Control $80,247 $100,309
16 Miscellaneous $0 $0
17 Developer’s Record Drawings $5,000 $6,250
TOTALS $1,784,485 $2,230,607
511401v2 SJS LA515-31
FORM OF IRREVOCABLE LETTER OF CREDIT
No.__________________
Date: ________________
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Names of Developers) 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. The draft must: a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___, 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, 20___. 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