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HomeMy WebLinkAbout02-07-17 CCMPO,, .-:Vlis.rion is to Propale Public Ser7rices a 1 Refpoosible Irhile Preserrin the Cityli Open Spa,v (.:tiarado• NOTICE OF MEETING City Council Meeting Tuesday, February 7, 2017 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North AGENDA Call to Order/Pledge of Allegiance B. Approval of Agenda Accept Minutes 1. December 6, 2016; December 6, 2016 Special Meeting; January 3, 2017; January 17, 2017 ,171. Public Comments/Inquires E. Presentations i. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Authorize issuance of Request for Proposals for a Municipal Facilities Space Needs Assessment 4. —Approve Purchase of Replacement Tahoe 5. Eagle Point Boulevard Street Improvements — Compensating Change Order No. 4 6, Eagle Point Boulevard Street Improvements — Pay Request No. 7 (FINAL) 7. Inwood Booster Station — Pay Request No. 8 8. Accept Accountant Resignation and Authorize Posting of Accountant Position 9. Approve Cooperative Maintenance Agreement No. 10721 with Washington County for Downtown Phase 1 and Phase 2 Improvements — Resolution 201 7-011 u. Regular Agenda Zignego Minor Subdivision and Zoning Map Amendment —Resolution 20.17-013 U. Golf Course Community Zoning District - Ordinance 08-8167,' Resolution 2017-016 12,- , Shoreland-Management-Overlay-D flare -0" Amendment '--Ordinance-0-766: Reso ittio 77 2017-012 Inwood 4th Addition Developers Agreement — Resolution 2017-014 Hammes Estates 2nd Addition Developers Agreement — Resolution 2017-015 Financial Management Services Agreement Planning Commission Appointment Maintenance Advisory Committee Operating Policies and Procedures Environmental Committee Operating Policies and Procedures Planning Department 2017 Work Plan Parks Commission 2017 Work Plan 14. 14. 2fr H. Council Reports I. Staff Reports and Announcements J. Adjourn CITY OF LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2016 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, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Public Works Director Weldon, Planning Director Wensman, and City Clerk Johnson. City Attorney Sonsalla summarized the Closed Sessions held prior to the Council Meeting. APPROVAL OF AGENDA Items 4 (Approval of Open Gov) and 10 (Approve Employee Health Benefit Employer/Employee Cost Share for 2017) were moved from the Consent Agenda to the end of the Regular Agenda. Councilmember Lundgren, seconded by Councilmember Fhf" let, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 5 — O. ACCEPT MINUTES Minutes of the September 6, 2016 and October 18, 2016 Regular Meetings were accepted as presented. PUBLIC COMMENTS/INOUIRIES Carl Abrahamson, 8061 Hill Trail North, spoke about deer hunting in the City and encouraged the Council to return to the previous rules. Virginia Pleban, 8245 59'1' Street N., spoke about security around City Hall and suggested that the audio for meeting broadcasting be improved. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Authorize Advertising and Hiring of Rink Attendants 5. Approve Inwood Truiik Watermain Improvements — Compensating Change Order No. 2 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2016 6. Approve Inwood Trunk Waterrnain Improvements — Pay Request No. 6. (FINAL) 7. Approve 2017 Liquor License Renewals: Kwik Trip and Elmo Liquor 8. Approve Abatement of Special Assessment Levied in 2016 — Resolution 2016-103 9. Approve Ordinance 08-159: An Ordinance Amending Title V: Chapter 51 of the Lake Elmo City Code of Ordinances Regarding Subsurface Sewage Treatment Systems and Summary Publication Resolution 2016-104 11. Approve 2017 Enterprise Budgets Councilmember Lundgren, seconded by Councilmember Fhfler, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5-0. ITEM 12: 2017 Proposed Tax Levv and General Fund Budget — Adopt 2017 Budget and Tax Levv Finance Director Bendel presented details of the proposed budget and levy for 2017. General Fund revenue and expenses, debt service and the Library levy were reviewed. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO OPEN THE PUBLIC HEARING. Motion passed 5 — O. No comments were received. Councihnember Smith, seconded by Councilmember Lundgren, moved TO CLOSE THE PUBLIC HEARING. Motion passed 5 — O. Councihnember Fliflet, seconded by Councilmember Smith, moved TO REDUCE THE EXPENSE RELATED THE ADDITIONAL SHERIFF DEPUTY BY $30,000 AN REFLECT AN ADDITIONAL $100,000 REDUCTION IN THE GENERAL FUND COMPONENT OF THE LEVY. Motion passed 3 — 2. (Pearson, Bloyer — nay) Mayor Pearson stated he would not support the changes, as the budget is thin as it is and there are likely to be costs in legal fees, clean up day and Public Works that will be higher than the budgeted amounts. Councihnember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE FINAL 2017 GENERAL FUND AND LIBRARY FUND BUDGETS. Motion passed 3 — 2. (Pearson, Bloyer — nay) ITEM 13: 2017-2021 Capital Improvement Plan Finance Director Bendel reviewed the process for approving the CIP and reviewed highlights of specific projects. Discussion was held on specific items within the CIP. Councilmember Bloyer, seconded by Mayor Pearson, moved TO TABLE FURTHER DISCUSSION TO FOLLOW ITEM 20. Motion passed 5 — O. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2016 ITEM 14: 2017 Street Improvements — Approve Feasibility Report and Order Public Hearinu City Engineer Griffin presented an overview of the proposed project encompassing 2.3 miles of streets in the northern tri lakes area. Griffin reviewed the assessment methodology and estimated costs used to arrive at an estimate of $6,400 per unit for the assessment. Findings and recommendations and the proposed project schedule were also presented. Councilmember Lundgren, seconded by Councihnember Smith, moved TO ADOPT RESOLUTION 2017-107, RECEIVING THE FEASIBILITY REPORT AND CALLING HEARING FOR THE 2017 STREET IMPROVEMENTS. Motion passed 5 — O. ITEM 15: OP4 Boulder Ponds LLC ZoningMap Amendment/PUD Amendment Planning Director Wensman provided a brief overview of the request for rezoning to allow for higher density on two lots for development of a senior living component. Wensman reviewed the draft findings and recommendations. Ben Schinidt, Excelsior Group, reviewed what would be allowed under the current zoning and asked for rezoning to allow additional units and rezone to be consistent with the proposed use. Councilntember Bloyer, econded by Mayor Pearson, ',toyed TO APPROVE A ZONING MAP AMENDMENT/PUD AMENDMENT, ORDINANCE 08-149, TO REZONE OUTLOTS B (PID 34.029.21.33.0023) AND C (PID 34.029.21.33.0024), BOULDER PONDS FROM COMMEI?CIAL/PUD AND MDR/PUD RESPECTIVELY TO HDR/PUD. Council:I:ember Fltf let, seconded by Councilnzember Smith, moved TO AMEND THE PRIMARY MOTION TO ADD THAT THE SENIOR HOUSING INCENTIVE BE LOOKED AT AND A PUD AMENDMENT BE DRAFTED THROUGH PROCESSES REQUIRED. Motion passed 3 — 2. (Pearson, Lundgren — nay) Primary motion passed 4 — 1 as amended. (Lundgren — nay) ITEM 16: Wildflower 2' Addition Final Plat and Final PUD Plan Planning Director Wensman reviewed the request for final plat and final PUD. Council:I:ember Lundgren, seconded by Councilmen:6er Smith, moved TO ADOPT RESOLUTION 2016-106 APPROVING THE WILDFLOIVER AT LAKE ELMO 2" ADDITION FINAL PLAT AND FINAL PLANNED UNIT DEVELOPMENT PLANS. Motion passed 4 — 1. (Bloyer — nay) ITEM 17: Review of Preliminary Royal Golf EAW and Comments Planning Director Wensman noted that the City Council has thirty days to comment on the EAW and reviewed the process to be followed. PagePaae3 of 6 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2016 Todd Williams, 3025 Lake Elmo Avenue N., stated that the EAW is insufficient until all potential uses are considered. City Attorney Sonsalla noted that the applicant is working on responses to issues raised and will be back with additional information at a future meeting. ITEM 18: Roval Golf Comprehensive Plan Amendment Councilmember Bloyer moved TO TABLE THIS ITEM UNTIL THE CITY IS NO LONGER UNDER A MORATORIUM. Motion died — no second. Planning Director Wensman reviewed the location and history of the request for a comp plan amendment and criteria for consideration. Ann Bucheck, 2301 Legion Avenue N., presented a petition asking for larger lot sizes and lower density. Dennis Egan, 1615 Old Hwy 19, Red Wing, stated he has been retained to look at the EAW and added that the Prairie Island Tribe is not in negotiations to purchase the property. Shelli Wilk, 11253 14'1' Street N., stated that the area is environmentally sensitive and encouraged lower density. Jeff Schumacher, 1067 Leeward Avenue N., stated he would like to see rural density preserved. Todd Williams, 3025 Lake Elmo Avenue N., stated opposition to extending sewer to the area and development of the property that would detract from the rural character. Tim Mandel, 2479 Lisbon Avenue N., suggested that OP development be used in this area with buffers. Bill Martinez, 2470 Lisbon Avenue N., commented on the open space and wildlife in Tartan Park. Discussion held regarding Planning Commission recommendations and zoning options. Couizcilmember Fliflet, seconded by Councilmember Lundgren, moved TO DIRECT STAFF TO LOOK INTO CREATION OF GOLF COURSE COMMUNITY AS A ZONING CATEGORY FOR ROYAL GOLF CLUB AND THE EMERSON PROPERTY FOR A COMP PLAN AMENDMENT. Motion passed 3 — 2. (Pearson, Bloyer — nay) ITEM 19: Lake Erosion Studv Administrator Handt summarized proposals from two firms for conducting shoreland studies. Discussion held regarding prior changes made in the no wake rules. Pare 4 of 6 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2016 Dale Dorschner, 3150 Lake Elmo Avenue, questioned the process and the need for a study. Denise Bozak, 8110 Demontreville Trail, stated that the lake levels seem to be rising and asked if lowering the lake level could be looked at. Daryl Vosberg, 9436 Jane Road N., stated that this item needs to be sent back to the Environmental Committee to justify the expense. Brian Boyle, 10961 32"d Street N. stated that the overall health of the lakes needs to be looked at before erosion. Tony Haider, 4575 Olson Lake Trail N., stated the best use of funds would be to replace vegetation on the lake shore. John Hamerly, 9429 Jane Road N., urged the Council not to fund a study for erosion or no wake. Torn Sieffert, 4849 Olson Lake Trail, stated that he was assured the lake is a fully recreational lake when he purchased his home recently and urged the Council to consider the study. Brian Pitzen, 4554 Olson Lake Trail, encouraged the Council to send this back to the Environmental Committee to define the goals of the study. Brenda Jo Carlson, 8554 Hidden Bay Trail, stated there is a need for fact checking the request from the LDO association on this issue. Jean Olinger, 9057 Lake Jane Trail N., left a written statement opposing the study. Christine Nelson, 3871 Legion Avenue N., stated that she does not support the issue based on the process used to bring it before the Council. Dave Carlson, 8554 N. Hidden Bay Trail, spoke against any further restrictions on the lake. Discussion held regarding the need for a study and associated costs. Councilmember F4flet, seconded by Councilmember Lundgren„ moved TO APPROVE A CONTRACT WITH BOL TON AND MENK FOR SLOW NO WAKE ASSESSMENTS ON LAKES OLSON, DEMONTREVILLE, JANE AND ELMO WITH THE CONTRACT BEGINNING IMMEDIATELY OR AS SOON AS POSSIBLE USING 2016 FUNDS IF POSSIBLE WITH THE ADDITION OF OPTIONAL ITEMS NOT TO EXCEED $5,000. Mayor Pearson, seconded by Councilmember Bloyer, moved TO SEND THIS ITEM TO THE ENVIRONMENTAL COMMITTEE. Motion failed 2 — 3. (Fliflet, Lundgren, Smith — nay) Councilmember Bloyer, seconded by Mayor Pearson, moved TO AMEND THE PRIMARY MOTION TO ADD THAT THE LAKE ASSOCIATIONS SHARE IN THE COST OF THE STUDY. Motion failed 2 — 2 — O. (Fliflet, Lundgren — nay; Smith — present/not voting) Paae 5 of 6 LAKE ELMO CITY COUNCIL MINUTES DECENIBER 6, 2016 Primary motion passed 3 — 2. (Pearson, Bloyer — nay) The remaining items on the agenda were continued to the next Council Meeting. Meeting adjourned at 12:42 a.m. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 6 of 6 CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES DECEMBER 6, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 5:11 p.m. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Jill Lundgren and Anne Smith. ABSENT: Councilmember Bloyer Staff present: .Administrator Handt, City Attorney Sonsalla, and City Clerk Johnson. Councilmember Smith, seconded by Councihnember Lundgren, moved TO ENTER CLOSED SESSION PURSUANT TO MINNESOTA STATUTES, SECTION 13.05D, SUBDIVISION 3(A) TO CONDUCT A PERFORMANCE REVIEW OF THE CITY ADMINISTRATOR. Motion passed 4 — O. Closed session held. Councihnember Fliflet, seconded by Councilmember Lundgren, moved TO RECESS THE CLOSED SESSION. Motion passed 4 — O. Meeting was adjourned at 6:00 p.m. LAKE ELMO CITY COUNCIL ATTEST: Mike Pearson, Mayor Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES DECEMBER 6, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 6:09 p.m. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Flitlet, Jill Lundgren and Anne Smith. Staff present: Administrator Handt, City Attorney Sonsalla, City Attorney Dyan Ebert, Darren Richardson, Cally Kjellbcrg-Nelson and City Clerk Johnson. Councihnember Smith, seconded by Councihnember Lundgren, moved TO ENTER CLOSED SESSION PURSUANT TO AlINNESOTA STATUTES SECTION I3D.05, SUBDIVISION 3 (B) TO DISCUSS PENDING LITIGATION REGARDING ZULEGER V CITY OF LAKE ELMO. Motion passed 5 — O. Closed session held. Councilmember Lundgren, seconded by Mayor Pearson, moved TO RETURN TO OPEN SESSION. Motion passed 5 — O. Meeting adjourned at 6:54 p.m. LAKE ELMO CITY COUNCIL ATTEST: Mike Pearson, Mayor Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 2017 CALL TO 0 ER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Wensman, and City Clerk Johnson. SWEARING IN OF NEWLY ELECTED OFFICIALS City Clerk Johnson administered the Oath of Office to newly elected officials: Mayor Pearson, Councilmember Bloyer and Councilmember Nelson. APPROVAL OF AGENDA Councilmember Lundgren, seconded by Mayor Pearson, moved TO APPROVE THE AGENDA. Approval of Minutes was removed from the Agenda. Item 5, "Resolution Designating Data Practice Officials and Approving City's Data Practice Policy" and item 6, "Appoint City Attorney" were moved to the end of the Regular Agenda. Councilmember Bloyer, seconded by Councihnember Nelson, moved TO ADD "CITY ADMINISTRATOR COMPENSATION" TO THE REGULAR AGENDA. Motion passed 4 — 1. (Fliflet — nay) Agenda approved as amended 5 — 0. PUBLIC COMMENTS/INOUIRIES Nadine Obennueller, 8696 42"d Street N., commented on Lions Park and encouraged residents to support the Parks Commission efforts to make improvements to the park. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Designate Official Depositories of Funds -Resolution 2017-001 4. Designate Official Publication Newspaper of Record 7, Appoint City Engineer 8. Approve 2017 Fee Sheet — Ordinance 08-162; Resolution 2017-005 9. Approve Tree Removal from 201 Draintield, Hill Trail N 10. Approve Downtown Phase 1 & 2 Improvements — Approve Phase 1 Final Reconciliation Payment and Approve Phase 2 Cooperative Agreement Payment No. 1. 11. Approve Hire of Office Administrative Assistant Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSEiVT AGENDA. MOTION PASSED 5-0. LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 2017 ITEM 12: Appoint 2017 Acting Mavor Councilmember Nelson, seconded by Mayor Pearson, moved TO APPOLVT COUNCILMEMBER BLOYER ACTING MAYOR. Motion passed 5 — O. ITEM 13: Appoint Required Officials to Fire Relief Association Councihnember Moyer, seconded by Councilmember Fliflet, moved to appoint Chief Malmquist, Finance Director Bendel and Councihnember Lundgren to the Fire Relief Association. Motion passed 5 — O. ITEM 14: Planning-, Commission Appointments Council/I:ember Fliflet, seconded by Councilmember Lundgren, moved TO REAPPOINT GARY FIELDS AND SUSAN DUNN TO THE PLANNING COMMISSION Motion failed 2 — 3. (Pearson, Bloyer, Nelson — nay) Mayor Pearson, seconded by Councilmember Nelson, moved TO APPOINT DALE DORSCHNER AND JESS HARTLEY TO THE PLANNING COMMISSION. Motion failed 2 — 3. (Bloyer, Fliflet, Lundgren — nay) Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPOINT GARY FIELDS AND DALE DORSCHNER TO THE PLANNING COMMISSION. Motion passed 3 — 2. (Fliflet, Lundgren — nay) ITEM 15: Park Commission Appointments Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPOINT JOHN AMES AND MIKE ZENO AS VOTING MEMBERS OF THE PARKS COMMISSION WITH TERMS EXPIRING 12/31/19. Motion passed 5 — 0. Mayor Pearson, seconded by Councihnember Bloyer, moved TO APPOINT JEAN OLINGER TO THE PARKS COMMISSION AS AN ALTERNATE MEMBER. Motion passed 5 — 0. i'fayor Pearson, seconded by Councilmember Lundgren, moved TO RECONSIDER THE PREVIOUS MOTION TO REMOVE THE WORD "ALTERNATE". Motion passed 5 - O. Councihnember Fliflet, seconded by Councilmember Lundgren, moved TO RECONSIDER THE VOTE TO APPOINT JEAN OLINGER AS A FULL MEMBER OF THE PARKS COMMISSION. Motion passed 5 — 0. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPOINT COMMISSIONER ELLEN NEUENFELDT AS A FULL VOTING MEMBER TO FILL A VACANCY ON THE PARKS COMMISSION'. Motion passed 5 — O. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPOINT JEAN OLINGER TO THE PARKS COMMISSION AS FIRST ALTERNATE. Motion passed 5 — 0. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPOINT TUCKER PEARCE TO PARKS COMMISSION 2N° ALTERNATE. Motion passed 4 — 0 — 1. (Lundgren abstain) Page2 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 2017 ITEM 16: Library Board Appointments Mayor Pearson, seconded by Councilmember Lundgren, moved TO AFFIRM THE MAYOR'S APPOINTMENT OF BRETT EMMONS AND EMILY O'CONNOR TO THE LIBRARY BOARD FOR THREE YEAR TERMS. Motion passed 5 — O. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AFFIRM THE MAYOR'S APPOINTMENT OF COUNCILMEMBER FLIFLET AS COUNCIL REPRESENTATIVE TO THE LIBRARY BOARD. Motion passed 5 — O. ITEM 17: Council Committees Discussion held concerning committee operating procedures and scope of work the committees. Mayor Pearson, seconded by Councilmember Nelson, moved TO REMOVE COUNCILMEMBERS FROM ALL STANDING COMMITTEES. Motion passed 4 — 1. (Fliflet — nay) Administrator Handt reported that staff would recruit members for all committees with a limit of 5 members per committee, review operating procedures, and bring the infbnnation back to the Council. ITEM 18: 2017 Goal Setting Session Administrator Handt presented a proposal for a City Council goal setting session. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO HOLD THE 2017 GOAL SETTING SESSION DURING THE JANUARY 10TH WORKSESSION. Administrator Handt noted that interviews were scheduled for the January 10'1' worksession with firms submitting proposals for comprehensive plan amendments. Motion withdrawn. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO HOLD THE GOAL SETTING SESSION DURING THE FEBRUARY tVORKSESSION. Motion failed 2 — 3. (Pearson, Bloyer, Nelson — nay) Consensus was reached to direct the City Administrator to poll the Council on their availability. ITEM 19: Chapter 31, Sec 31.04 City Code Amendments Regarding Council Agendas City Administrator Handt presented proposed changes to the city code related to Councilmembers placing items on Council meeting agendas. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE ORDINANCE 08- 161 WITH A CHANGE AT THE TOP OF PAGE TWO REQUIRING RECOMMENDATION OF TWO COUNCILMEMBERS. Motion passed 3 — 1 — 1. (Fliflet — nay; Lundgren — present/not voting) Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017- 004 APPROVING SUMMARY PUBLICATION OF ORDINANCE 08-161. Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 2017 ITEM 20: Hammes Estates 2" Addition Final Plat Planning Director Wensman reviewed the background of the development, current application and Planning Commission/staff recommendations. Councilmenzber Bloyer, seconded by Councilmenzber Lundgren, moved TO ADOPT RESOLUTION 2017-003 APPROVING THE HAMMES ESTATES 2" ADDITION FINAL PLAT. Motion passed 5 — O. ITEM 21: Lake Erosion Study Revisions City Administrator Handt provided a review of options provided to the Council for moving forward with the lake erosion study. Tim Olson of Bolton & Menk described the proposed scope of the study. Dale Dorschner, 3150 Lake Elmo Avenue, inquired about the data to be used in the study and requested that Lake Elmo be removed from the study. Debbie Dean, 8028 Hill Trail N., stated opposition to the study as it is a waste of money. Pat Dean, 8028 Hill Trail N., stated opposition to restrictions on the lakes. Daren Enval, National Marine Manufacturers Association, presented a letter to the City Council from C. A. Goudey & Associates opposing the study. Tom Sieffert, 4849 Olson Lake Trail N., stated opposition to restrictions on lake use and using city funds to pay for the study. Donovan Chase, 9125 Lake Jane Trail N., stated thathis shoreline is not landscaped and has had no erosion. Dave Carlson, 8554 N. Hidden Bay Tr., submitted a letter for the record stating opposition to any further regulation on the lakes. Jim Arkell, 8131 Hidden Bay Tr. N., stated that the ordinance is working and asked that no changes be made. Brian Pittson, 4554 Olson Lake Tr. N., noted very residents speak in favor of restrictions and asked the Council to not spend money on a study only looking at boat traffic. Brenda Jo Carlson, 8554 N. Hidden Bay Tr., asked the Council to vote "no" on the proposals and stated a majority of residents do now want the study done. Bev Schwalbach, 4555 Olson Lake Tr. N., stated that the DNR provided key facts at an Environmental Committee meeting that are being ignored and added that any study needs to speak to impact versus benefits of a recreational lake. Terry Boczek, 8110 Demontreville Tr. N., strongly urged the Council to vote against the study. Denise Boczek, 8110 Demontreville Tr. N., asked if the study could be expanded to include the watershed district and study runoff volumes. Dan Stoudt, 8012 Hill Trail N., urged the Council to vote against the study and look into helping property owners restore the lakeshore. Brooke Duerr, 4870 Jerome Ave. N., discussed wave damage versus boat wake damage, comparing the high volume of wind generated waves and boat wake waves. Pa 4 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 2017 Councilmember Lundgren, seconded by Councilmen:be,. Bloyer, moved TO NOT DIRECT STAFF TO PURSUE ANY CONTRACTS FOR THE STUDY OF SLOW NO WAKE EROSION ASSESSMENTS ON THE FOUR RECREATIONAL LAKES. Motion passed 5 — O. ITEM 22: City Facilities Use Policy City Administrator Handt presented the revised City Facilities Use Policy, noting proposed changes that would require statutory created public bodies and taxing authorities using the City's meeting facilities to video and audio record their meetings. Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE THE AMENDED CITY FACILITIES USE POLICY. Motion passed 3 — 2. (Fliflet, Lundgren — nay) ITEM 23: Library Negotiations Councilmember Bloyer, seconded by Mayor Pearson, moved TO DIRECT THE CITY ADMINISTRATOR TO RESUME NEGOTIATIONS WITH COUNTY STAFF REGARD RETURNING TO THE COUNTY LIBRARY SYSTEM. Motion passed 5 — 0. ITEM 5: Resolution Designating Data Practice Officials and Approving City's Data Practice Policy Discussion held concerning current practice for processing data requests. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-002 DESIGNATING THE CITY'S DATA PRACTICES OFFICIALS AND APPROVING THE CITY'S DATA PRACTICES POLICY WITH AN AMENDMENT TO ADD CITYATTORNEY REVIEW OF NON -ROUTINE REQUESTS. Motion failed 2 — 3. (Pearson, Bloyer, Nelson — nay) Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017- 002 DESIGNATING THE CITY'S DATA PRACTICES OFFICIALS AND APPROVING THE CITY'S DATA PRACTICES POLICY. Motion passed 4 — 0 — 1. (Fliflet — present/not voting) ITEM 6: Appoint City Attorney Councilmember Bloyer stated that he requested this agenda item to allow for an RFP to be issued with a longer response time than was allowed when the previous RFP was issued. Councilmember Moyer, seconded by Councihnember Nelson, moved TO APPOINT ECKBERG-LAMMERS INTERIM CITY ATTORNEY FOR PROSECUTION MATTERS AND KENNEDY GRAVEN FOR CIVIL MATTERS, AND TO ISSUE AN RFP FOR CITY ATTORNEY PROSECUTION SERVICES. Motion passed 4— 1. (Fliflet — nay) ITEM 24: Administrator Compensation Councilmember Bloyer stated that a number of cities have openings for City Administrator and stated he would like the City to incentivize top staff members to stay. Council consensus reached to place the Administrator's compensation on the next Council agenda for discussion with additional data provided. Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 2017 COUNCIL REPORTS Mayor Pearson: Thanked residents for their vote of confidence in the election. Councilmember Nelson: Thanked constituents for their votes. Councilmember Lundgren: Asked Tri-Lakes area residents to come together and be more unified. Councilmember Bloyer: No report Councilmember Fliflet: Noted differences in the Council moving forward. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Provided a reminder that three firms vi11 be interviewed at the January worksession to review their proposals for comp plan updates. City Clerk Johnson: Asked for patience during the training in of the new administrative staff member. City Attorney Sonsalla: Thanked the Council for reappointment. Working on City's response to Royal Golf EAW. City Engineer Griffin: 2017 Street Improvement Public Hearing and neighborhood meeting coming up. Meeting adjourned at 10:18 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 6 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensrnan, and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Lundgren, seconded by Councilmen:6er Bloyer, moved TO APPROVE THE AGENDA. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO REMOVE ITEM 13, "JOB CLASSIFICATION AND COMPENSATION STUDY UPDATE" TO A FUTURE AGENDA. Motion failed 2 - 3. (Pearson, Bloyer, Nelson — nay) Item 5, "Accept December 2016 Fire Department Report" was moved to the end of the Regular Agenda. Motion to approve the Agenda as amended passed 5 — O. ACCEPT MINUTES Minutes of the December 20, 2016 Regular Meeting were accepted as presented (Councilmember Nelson abstained). Minutes of the January 3, 2017 meeting were postponed. PUBLIC COMMENTS/INQUIRIES, Virginia Pleban, 8245 59th Street North, commented on City Hall security, signage and the ladies restroom. Wendy Griffin, 2835 Lake Elmo Avenue North, provided information regarding the pending Arbor Day tree order and requested a letter of support for a grant application for Eurasian milfoil removal in Lake Elmo. Ellen Neuenfeldt, 2846 Lisbon Avenue North, commented on committee restructuring. Tedi Carlson, 8735 27th Street North, thanked the Public Works Department for keeping the City streets clear this winter and stated she would like to see more than five members on the Environmental Committee. PRESENTATIONS None LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2017 CONSENT AGENDA Approve Payment of Disbursements Accept December 2016 Assessor's Report Accept December 2016 Building Department Report Accept December 2016 Public Works Department Report 2016 Street, Drainage and Utility Improvements — Compensating Change Order No. 3 2016 Street, Drainage and Utility Improvements — Pay Request No. 5 (FINAL) Councilmen:her Fliflet, seconded by Councilmen:be:. Lundgren, moved TO APPROVE THE CONSENT AGENDA. MOTION PASSED 5-0. ITEM 9: 2017 Street Improvements — Improvement Hearing, Order Preparation of Plans and Specs City Engineer Griffin presented details of the proposed project to rehabilitate the residential streets located four subdivisions. The City's assessment policy was reviewed and the assessment per property was presented along with the total estimated project cost and project schedule. Council:I:ember Bloyer, seconded by Councilmen:her Lundgren, moved TO OPEN THE PUBLIC HEARING. Motion passed 5 — O. No comments were received. Councihnember Bloyer, seconded by Councilmember Lundgren, moved TO CLOSE THE PUBLIC HEARING. Motion passed 5 — O. Mayor Pearson, seconded by Councihnember Bloyer, moved TO ADOPT RESOLUTION NO. 2016-009 ORDERING THE 2017 STREET IMPROVEMENTS AND THE PREPARATION OF PLANS AND SPECIFICATIONS. Motion passed 4 — 1. (Lundgren — nay) Councihnember Nelson, seconded by Council:I:ember Bloyer, moved TO APPROVE A PROFESSIONAL ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES CONTRACT TO TKDA IN THE NOT TO EXCEED AMOUNT OF $71,000 FOR THE 2017 STREET IMPROVEMENTS. Motion passed 4 — 1. (Lundgren — nay) ITEM 10: Roval Golf Environmental Assessment Worksheet (EAW). City Planner Wensman provided a summary of the process for review of the EAW, presented primary concerns and reviewed responses and recommendations. Councihnember Lundgren, seconded by Councilmember Fliflet, moved TO ADOPT RESOLUTION 2017-007 FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT Page 2 of 5 LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2017 STATEMENT (EIS) FOR THE ROYAL GOLF CLUB RESIDENTIAL DEVELOPMENT. Motion passed 5 — O. ITEM. 11: Royal Golf Comp Plan Amendment Planning Director Wensman reviewed the current zoning and MUSA areas and presented proposed changes. Wensman reported that the Planning Commission had a split vote on the matter and does not have a recommendation for the Council. Bill Martinez, 2470 Lisbon Avenue North, stated opposition to the comp plan change to rezone the area and add sewer. Rolf Larson, 11720 Little Bluestem Court North, spoke in support of the Royal Golf Club Development. Shelly Wilk, 11253 14th Street North, asked the Council to remove Royal Golf Club from the MUSA and guide it toward rural development. Tim Mandel, 2479 Lisbon Avenue North, expressed concern regarding private amenities arid the cost to utilize the public amenities. Ann Bucheck, 2301 Legion Avenue North, spoke in opposition of public sewer north of 10th Street and outside the old village area. Mayor Pearson noted that written comment letters on this matter were received by the Council. Rick Packer, Royal Golf Club, presented the history of the project and revisions made to the plan based on public concerns. Mr. Packer addressed DNR concerns and reviewed changes made in the plan. The traffic study, buffers and benefits to the community were discussed. Mayor Pearson, seconded by Councihnember Fliflet, moved TO ADOPT RESOLUTION 2017-008 APPROVING THE COMPREHENSIVE PLAN AMENDMENTS TO GUIDE THE FORMER 3M TARTAN PARK PROPERTIES TO GOLF COURSE COMMUNITY AND TO AMEND THE COMPREHENSIVE WASTE WATER MANAGEMENT PLAN TO EXPAND THE MUSA OVER THE FORMER 3M TARTAN PARK PROPERTIES WITH AN AMENDMENT TO ITEM 2 REFERENCE TO TABLE 3-B CHANGING THE PROPOSED DENSITY TO 1.4 — 1.65. Motion passed 5 — O. ITEM 12: Consultant for Comp Plan Update City Planner Wensman reported that updates to the City's Comprehensive Plan are due to the Met Council on December 31, 2018. Staff recommended hiring SHC for the project. Pave 3 of 5 LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2017 Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO APPROVE HIRING SHC TO ASSIST THE CITY IN THE PREPARATION OF THE 2040 COMPREHENSIVE PLAN UPDATE AND TO AUTHORIZE STAFF TO NEGOTIATE A CONTRACT. Motion passed 5 — O. ITEM 13: Job Classification and Compensation Study Update Tessia Melvin, David Drown & Associates, presented the Job Classification and Compensation Study prepared for the City and reviewed recommendations. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO MOVE THREE EMPLOYEES IDENTIFIED IN THE REPORT TO THE MARKET MINIMUM, EFFECTIVE WITH THE CURRENT PAYROLL. Motion passed 3 — 2. (Fliflet, Lundgren — nay) ITEM 14: Pav Equity Report Councilmember Bloyer, seconded by Councilmen:6er Nelson, moved TO APPROVE THE PAY EQUITY REPORT. Motion passed 5 — O. ITEM 15: Administrator Compensation Mayor Pearson reviewed discussion on the Administrator Compensation at the previous Council Meeting. Councilmember Bloyer discussed bringing the Administrator's salary in line with other cities. Councihnember Bloyer, seconded by Councilmember Nelson, moved TO INCREASE THE CITY ADMINISTRATOR'S COMPENSATION TO $135,000 WITH TWO DAYS FLEX SCHEDULE PER MONTH, RETROACTIVE TO JANUARY 16, 2017. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO MOVE INTO EXECUTIVE SESSION. Motion was ruled out of order; previous motion was still on the table. Motion passed 3 — 2. (Fliflet, Lundgren — nay) ITEM 5: Accept December 2016 Fire Department Report, Chief Malmquist provided a brief update on a recent traffic accident involving a Fire Department duty vehicle. COUNCIL REPORTS Mayor Pearson: No report. Pace 4 of 5 LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2017 Councilmember Nelson: Attended interviews with firms for the comp plan review; looking forward to attending LMC trainings. Councilmember Lundgren: Discussed the Tartan Park project with citizens, Councilmember Bloyer: Noted that the Valley Branch Watershed District has moved its meetings out of Lake Ehno. Suggested that Parks Commission begin looking for locations for new ballfields, Councilmember Fliflet: No report. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Working on prosecution services RFP, space needs study RFP, Metro Transit Park Sc. Ride. Accepting applications and updating operating policies for committees and working with Verizon on cell tower leases. City Clerk Johnson: Reported on new staff orientation and City Hall bathroom updating. Finance Director Bendel: Annual stormwater bills have been sent; working on year end payroll. City Attorney Sonsalla: Working with City staff on EAW and comp plan amendments for Planning Director Wensman: Working on the Royal Golf EAW and comp plan amendments City Engineer Griffin: Working on the 2017 Street Improvement project and new plan submittals. Chief Malmquist: Reported on the recent traffic accident involving the Fire Meeting adjourned at 11:17 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Pane 11 IF, (Try t K E ELMO AYOR & COUNCIL CO UNICATION DATE: February 7, 2017 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of S1,020,919.56 SUBMITTED BY: Patty Baker, Accountant THROUGH: Kristina Handt, City Administrator REVIEWED BY: Kristina Handt, City Administrator SUcC4',STEBUSINESS: - Introduction ..... ... City Administrator - ..... ......_ ... _City Administrator - Questions trom Council to Staff._ ..... Mayor Facilitates - Call for Motion .......... ....... _Mayor & City Council_ - Discussion ....... .„ ...... Mayor & City Council - Action on Motion ..... .... ....... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $1,020,919.56 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of K020,919.56. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council Meeting [Consent Agenda ire, February 7, 2017 ay BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of culTent claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 14,946.98 Payroil Taxes to IRS & MN Dept of Revenue 2/02/17 ACH $ 8,099.31 Payroll Retirement to PERA 2/02/17 ACH $ 1,000.00 Payroll Retirement to MDCP 2/02/17 DD 7748-DD7781 $ 36,540.60 Payroll (Direct Deposits) 2/02/17 45517-45521 $ 5,006.68 Accounts Payable 1/30/17 45522-45589 $ 525,073.24 Account Payable 2/07/17 2783-2785 180.00 Library Card Reimbursements 2/07/17 ACH $ 74,451.25 Bond Payinent 2010A 1/27/17 ACH $ 176,023.75 Bond Payment 2010B 1/27/17 ACH $ 89,882.50 Bond Payment 2011A 1/27/17 ACH $ 89,715.25 Bond Payment 2012B 1/27/17 TOTAL $ 1,020,919.56 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $1,020,919.56. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable 'to Be Paid Proof List User, Prin(cd: (11 101201-7 - 11:35 AM 0art:11: 007-01-20i 7 ittvtricr. DUI TA l)clIa Dersissl Of 11-linne(stn 07723.45. 01/15/2.017 01-00(1-00(10-2 1706 Medical looranc:' 6772345 "Ftst;11: DELTA Total: LEASS()C !_rst-,c Elru(s :A,ssociates, LIP o /3nr-.)0! 101-410-1040--14120 Rentals - Building Totgl: 1.1'.,,ASSOC 1 tstEsl: Repora tat: 'tit 1)1181011y scriplitm RO-crence ToFk, I ,8441.0 0,00 01/101291 7 February 201 7 premium 1,8,14.80 I „44,8() 2,666,00 100 ()I/30,12017 Febtswry 2017 rent Tyri! (JosPOI.,ine 4 No MOO 000 \,P - To 0Pi4 Procyf.:1,ict ':'11 - P(-.1g 1 Accounts . -Fo Be Paid Proof List l'any13 Primed: 0 p.30,,20i Botch: 006-0 1-70 1 7 120voict> Amomit Qnitv Pmt Date Ducriptints Rervrence 'Fftsit Type PO 11 (lose FOLinc It TVS TDS Nietrocom - LLC (15 -779-8SS2 01/1312017 101-470-2720-43210 Telvphone 65 1-779-8",82 01/13/2(117 101_430_3100-43210 Telephone 651-779-8882 01/1312017 602-495-9.450-43210 Telephone 6.51-779-858-) 01/13/2017 60 1 -494-9400-43210 Telephotir 65 1-779-85Total: TOS Tolal: TMOBILE 1 Mohile 94 .72'46'W,,.5 ON 12017 h01-4104-9.100-132 10 Telephone 947276095 Total: 1310131LE Total: VERIZOls: Verizon Wireless 077135 ..5703 01110/2017 101-420-7720-437 I 0 Telephone 97755357113 Total: VER1ZON Total: 91.95 0.00 0 1/30/2017 Analog lines - flrc 215.67 0.00 011.30/201 7 Analog lines - .011 (WO 1131//201 7 Analog lines - 5ta000 alarms 46.90 0.00 01/3012017 Alaim - Well I:lose 439.52 43952 1.35 Roo 01/3(1,7017 SCADA inc1 21.35 21.35 35.0 I ROO 01;3017017 \Virele,;s charges 35,01 .35.01 AP - raid Pr•:),A1..ist ?,,el.:10/1 1:2(_; in,M) (1000 No 0000 0000 0000 00(1) No 0000 Page I Accounts Payable To Be Paid Proof List User: PattyB Printed: 02/02/2017 - 12;29 PM Batch: 002-02-2017 Invoice fi Inv Date 895 I PRA 8951 Prairie Ridge Park LLC Reissue 33891 02(02/201 7 101-000-0000-11500 Accounts Receivable Reissue 38891 Total: 8951 PRA Total: ADVANCED Advanced Eng & Environ Svs Inc 51415 12/31/2016 803-000-0000-22910 Developer Payments 51415 Total: ADVANCED Total: AP E.X Apex Construction, Inc 656 01/23/2017 101-420-2220-44010 Repairs/Maint Bldg 656 Total: APEX Total: C A C Companion Animal Control, LLC Dec 2016 12/3112016 101-420-2700-43160 impounding Dec 2016 12/31/2016 101-420-2700-43160 impounding Dec 2016 Total: Nook, 2016 11/30/2016 101-420-2700-43160 linpounding Noov 2016 11/30/2016 101-420-2700-43160 Impounding Noov 2016 11/30/2016 101-420-2700-43160 Impounding Noov 2016 Total: Amount Quantity Pmt Date Description Reference Task Type PO fi Close POLioe 321.92 0.00 02107/2017 Special assessment refund 321.92 321.92 13,796.75 0.00 02/0712017 The Royal Golf water study 13,796.75 13,796.75 1,585,00 0.00 02./07/2017 Re -side front of Station 1 1.535,00 1,585.00 500.00 0.00 02/0712017 Animal control services 60,00 0,00 02/07/2017 Impound services 7arn-7pm 560.00 500.00 0.00 02/07/2017 Animal control services - November 90.00 0.00 02/07/2017 Impound Services 7am-7pm 45.00 0.00 02/07/2017 Impound Services 7pm-7tun 635,00 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (02102/17 - 12:29 FM) Page 1 Invoice # Inv Date Amon t ()minlity Pmt Date Description Reference Task Type PO # Close POLine # C. A C Total: 1..195,00 CTYSTPAU Ciiy of St, Paul 20248 1213012016 552,70 0.00 02/07/2017 Asphalt No 0000 101-430-3120-42240 Street Maintenance Materials 20248 Total: 552.70 CTYSTPAU Total: 552.70 EMERGENC Emergency Services Marktg Inc, P2017-1258 01/20/2017 10.00 0.00 02/07/2017 2016 phone usage for No 0000 101-420-2220-44330 Dues & .Subscriptions IAM RESPONDING 1'2017-1258 Total: 10.00 EMERGENC Total: 10.00 GRAINGER Grainger 9316344176 12/27/2016 101-420-2220-42400 Small Tools & Equipment 9316344176 Total: GRAINGER Total: KENG RAVE Kennedy & Graven, Chartered 134865 12115/2016 101-410-1320-43040 Legal Services 134865 12/15/2016 206-450-5300-43040 Legal Services 134865 12/15/2016 803-000-0000-22910 Developer Payments 134865 17/15/2016 101-410-1320-43040 Legal Services 134865 12/15/2016 S03-000-0000-22910 Developer Payments 134865 12/15/2016 803-000-0000-22910 Developer Payments 134865 12/15/2016 101-410-1320-43040 Legal Scrvicas 134865 12/15/2016 101-410-1320-43040 Legal Services 134865 12115/2016 S03-000-0000-22910 Developer Payments 134865 12/15/2016 803-000-0000-27910 Developer Payments 134865 Total: AP - To Be Paid Proof List (02702/17 - (2:29 PM) 71,76 0,00 02/07/2017 Replacement road flares No 0000 71.76 71.76 5,278.47 0.00 02/07/2017 Civil Matters - November 2016 355.00 0.00 02/07/2017 Library 107.50 0.00 02/07/2017 Hairlines 24,175.56 0,00 02/07/2017 3M litigation 752,50 0.00 02/0712017 Wildflower 11 784,75 0,00 02/07/2017 The Royal Golf 1,048.92 0.00 02/07/2017 Union Negotiations 634.58 0.00 02/07/2017 Nuisance properties 161.25 0.00 02/07/2017 Boulder ponds 11 53.75 0.00 02.107/2017 Inwood IV 33,352.28 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 2 Invoice Inv Date Amon n t Quantity Pint Date Description Reference Task Type PO ;I Close I'OLine 135517 01/26/-7017 5,659,44 0.00 02/07/2017 Civil Matters - December 2016 No 0000 101-410-1320-43040 Legal Services 135517 01/26/2017 156.25 0.00 02107.12017 Library No (1000 206-450-5300-43040 Legal Services 135517 01126/2017 107.50 0.00 02/07/2017 Legends No 0000 S03-000-0000-22910 Developer Payments 135517 01/26/2017 116,25 0,00 02/07/2017 Nature Center No 0000 101-410-1320-431)4(1 Legal Services 135517 01/26/2017 2,661,24 0,00 02/07/2017 3M Litigation No 0000 101-410-1320-43040 Legal Services 135517 01/260017 172.00 0.00 02/0712017 Hammes No 000o 803-000-0000-22910 Developer Payments 135517 01/26/2017 4,604.76 0.00 02107S20 17 The Royal Golf No 0000 S03-000-0000-22910 Developer. Payments 135517 01/26/2017 131,75 0,00 02107)2017 Union negotiations No 0000 101-410-1320-43040 Legal Services 135517 01/26/2017 2,853*72 0,00 02/07/2017 Nuisance properties No (1000 101-410,-1320-43040 Legal Services 135517 01/26i2017 161,25 0.00 02/07/2017 Boulder Ponds 11 No 0000 S03-000-0000-22910 Developer Payments 135517 01/26/2017 107,50 0,00 02/07/2017 Inwood IV No 0000 S03-000-0000-229 l 0 Developer Payments 135517 Total:. 16,731.66 KENGRAVE Total: 50,083.94 Lillie Newspapers inc. Lillie Suburban Acct 007148 12/29/2016 67,50 0.00 (12/07/2017 2017 Street Improvement No 0000 101-410-1320-43510 1.egal Publishing Acct 007148 12/29/2016 31,35 0.00 02/07/2017 Ordinance 08- I 49 No 0000 101-410-1320-43510 Legal Publishing Acct. 007148 12/29/2016 34.20 0.00 02/07/2017 Ordinance 08-159 No 0000 101-410-1320-43510 Legal Publishing Acct 007148 12/29/2016 85.50 0.00 02/07/2017 Ordinance 08-160 No 0000 101-410-1320-43510 Legal Publishing Acct 007148 12/29/2016 45,60 0.00 02/07/2017 Notice of hearing - Zignego No 0000 101-410-1320-43510 Legal Publishing Acct 007148 Total: 264.15 Lillie Total: 264,15 MNDNR MN DNR Reissue 39549 02/02/2017 101-000-0000-11500 Accounts Receivable Reissue 39549 Total: 2,094,50 0.00 02/07/2017 Annual Report I 961-1031 No 0000 2,094,51) Al' - To Be Paid Proof List (02/02/17 - (2:29 PM) Page 3 invoice # Inv Date Amount Quantity Pint Date Description MNDNR Total: 2094.50 Ref erence 'Vast; TYlle PO # Close POLitte 7.9; RA3OU1N RABOUIN, INC 01/30/2017 15,756.00 0.00 (12/07/2017 Final year assessment payment No 0000 101-410-1320-43100 Assessing Services Total: 15,756.00 RABOUIN Total: 15,756.00 V ANGADOR Vang Aclora Reissue 39955 02/02/2017 55.00 0.00 02/07/2017 Cable operations 5/21/13 No 0000 101-000-0000-11500 Accounts Receivable Reissue 39955 Total: 55.00 VANGAUOR Total: 55,00 WACO-PW WASHINGTON COUNTY 111452 01/13/2017 698.1 I 0.00 02/07/2017 CSAH 15 & TH36 Traffic Signal No 0000 101-430-3120-43150 Contract Services 111452 1 Mal: 698.11 84110 02/03/2016 276.86 0.00 02./07/201 7 CSAH 15 & T1136 Traffic Signal No 0000 101 -430-3120-43150 Contract Services 84110 Total: 276.86 84113 02103/2016 433.26 0.00 02/07/2017 CSAH I 7 & T1136 Traffic Signal No 0000 101-430-3120-43150 Contract Services 84113 Total: 433,26 WACO-PW Total; 1,408.23 WAS-SHER Washington County 166009 12/30/2016 280,220A2 0.00 02/07/2017 July - Dec 2016 Police Services No 0000 101-470-7100-43150 Law Enforcement Contract 166009 Total: 280,220.42 WAS-SHER Total: 780,220.42 WINNICK Winnick Supply 332112 12/22/2016 601-494-9400-42400 Small Tools & Minor Equipment 332112 Total: WINNICK Total: AP - To I3e Paid Proof List (02/02117 - 12:29 PM) 566.19 0.00 02/07/2017 Tools 566.19 566.19 No 0000 Page 4 !invoice lily Date ZANONGRE Zenon Greg Reissue 39070 02i020017 101-000-0000-11500 Accounts Receivable Reissue. 39070 'Total: ZANONGRE Total: Report Total: mount QIIAlliity Pint Date 12,cwriptiriu Reicrcuce 205,07 0,00 02/07/2017 Watcr overpayment - 2012 205,07 205,07 368,136.03 Task Type VO Close POL,ine No 0000 AP - To Be Paid Proof List (02102/17 - 12:29 PM) Page 5 Accounts Payable To Be Paid Proof List User: PattyB Printed: 02/02/2017 - 12:30 PM Batch: 003-02-2017 Invoice # Iniv Date Antolini Quantity Pint Date Description Reference ACEHARD Ace Hardware , InC 184827 0111912017 601-494-9400-42270 Utility System Maintenance 184827 Total: ACEHARD Total: Type 10 4 Close POLitte 4 5.97 0.00 02/07/2(117 Hose No 0000 5.97 5.97 BECKER Becker Fire and Safety, LLC 2777 01/30/2017 49.00 0.00 02/07/2017 Annual Extinguisher - City Hall No 0000 101-410-1940-44(110 Repairs'Maint Contractual Bldg 2777 Total: 49.00 2778 01/30/2(117 49.00 0.00 02/07/2017 Annual Extinguisher - Library No 0000 206-450-5300-44040 RepairsiMaint Eqpt 2778 Total: 49.00 2779 01130/2017 231.00 0.00 02/0712017 Annual Extinguisher - PW No 0000 101-430-3100-44040 Repairs/Maint Eqpt 2779 Total: 231.00 2730 01/30/2017 225.50 0.00 02/07/2017 Annual Extinguisher - Fire No 0000 101-420-2220-44040 Repairs/Maint Eqpt 2780 Total: 225.50 BECKER Total: 554.50 BOLIONM E Bolton & Menk, Inc 0198982 01/18/2017 602-495-9450-43030 Engineering Services 1)198982 "Fotal: BOLTONME Total: 4,472.90 0.00 02/0712017 1-94 Lift Station 4,472,90 4,472.90 CARDMEMB Cardinember Service 1/70/7017 01/20/2017 300.00 0,00 02/07/2017 U of MN I 01-430-3100-44370 Conferences & Training 1120/201 7 01/20/2017 150.00 0.00 02/07/2017 Tatem Software Subscription ! 01-430-3100-44330 Dues & Subscriptions No 0000 No No 0000 0000 AP - To Be Paid Proof List (02/02/17 - 12:30 PM) Page 1 invoice Inv Date mount. Qqntifv Pint Date Desrription Reference Tas1( Type PO # Close POI ive # 1!20/2017 01.!20/20 I 7 64.26 0.00 02/07/2017 Holiday No 0000 101-470-7220-44300 Miscellaneous 1/20/2017 01/20/201 7 4.80 0.00 02/07/2017 Frame - No 101-410-11 I 0-44300 01;20/2017 Miscellaneous 1/20/2017 9000 .00 .00 02/07/2017 ICMA Annual dues No 101-410-1320-44330 Dues & Subscriptions (0)°017(1 1720/2017 (11/20/2017 60.50 0.00 02/07/2017 Supplies No .11 206-450-5300-42000 Office Supplies 100/2017 01/20/2017 30.00 0.00 07707/7017 Consumer Report Subscription No (:)0 .1 206-450-5300-42500 Library Collection Maintenance (l)11.), ( 1:'2012017 01/2017017 32,13 0.00 02/07,2017 Program supplies - No (0) 206-450-5300-44300 M iscellaneous 1/20/2017 01/20/2017 11.76 0.00 02/07120 I 7 Viper fluid - No 01( 101-420-2400-44040 Repairs/Maint Eqpt 0( )00 1/20/2017 01/20/2017 140.34 0.00 0220712017 Seminar Nu 0000 101-470-2400-44350 Books 1 1/70/2017 01120,2017 13.73 0.00 02/07/2017 CC meeting dinner No 0000 101-410-1 I 10-44300 NI iscellaneous 1202017 01/2012017 45.00 0.00 02107/2017 Constant contact No 0000 00 101-410-1450-431SO Information Technology/Web 1120/2017 01/20/2017 114.61 0.00 02/07/2017 ACA software - No 110 101-410-1520-43190 Software Programs I /202017 Total: 1,966.63 CARDMEMB Total; 1.966,63 CARQ1J EST Car Quest Auto Parts 2055-40(1254 01/25/2017 101-430-3 I 00-42210 Equipment Parts 2055-400254 01/25/2017 101-430-3100-42150 Shop Materials 2055-400254 Total: 2055-400256 01/25/2017 101-430-3100-42400 Small Tools & Minor Equipment 2055-400256 Total: 2055-400300 01/26/2017 101-430-3100-42150 Shop Materials 2055-400300 Total: 2055-400302 012612017 101-430-3125-42210 Equipment Parts 2055-400302 Total: 2055-400306 0112612017 101-430-3100-42150 Shop Materials 2055-400306 Total: 6.11 0,00 02107/2017 Parts No 0000 44,32 0,00 02/07/2017 Shop supplies No 0000 50,43 15.19 0,00 02/07/2017 Spark tester No 0000 15.19 2 I .14 0.00 02/0712017 Shop supplies No 0000 ?1,14 10.91 0,00 02/07/2017 Plow truck No 0000 10.91 2.52 0,00 02/07/2017 Shop supplies No 0000 2.52 AP - To Be Paid Proo; List (02102/17 - 12:30 PM) Page 2 invoice # Inv Pate Amount Quantity Pint Date Descriptintt Reference Task Type PO # Close POLine4 100.19 CARQUEST Total: CFNCOLLE Centiny College 637519 01/23/2017 688,75 0.00 02/07/2017 CEU program 0000 I ()1-420-2220-44370 Conferences & Training 637519 Total: 688,75 CENCOLTE 688.75 CINTAS Cintas Corporation r/754 754681386 01/11/2017 132.05 0.00 02/07/2017 Uniforms No 0000 101-430-3100-44170 Uniforms -754681386 01711/2017 9.34 0.00 02s07/2017 Uniforms No 0000 101-450-5200-44170 Uniforms 754681386 Total: 141.39 754683576 01/17/2017 74.90 0.00 02/07/2017 Cleaning and maintenance supplies No 0000 101-410-1940-44010 Repairv'Maint Contractual Bldg 754683576 Total: 74.90 754683980 01/18/2017 123.30 0.00 02.'07/2017 Uniforms No 0000 101-430-3100-4-4170 Uniforms 754683980 01/1812017 9.34 0.00 02/07/2017 Uniforms No 0000 101-450-5200-44170 Uniforms 754683980 Total: 132.64 754686681 01/25/2017 166.15 0.00 02/07/2017 Uniforms No 0000 101-430-3100-4417 Uniforms 754686681 01/25/2017 9.34 0.00 02/07/2017 Uniforms No 0000 101-450-5200-44170 Uniforms 754686681 Total: 175A9 85,40 754688932 01/31/2017 0.00 02/07/2017 Cleaning & maintenance supplies No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 754688932 Total: 85.40 CINTAS Total: 609.82 CON1PASS Compass Minerals 71583485 01/06(2017 4,137.17 0,00 0207/2017 Road salt No 0000 101-430-3125-42290 Sand/Salt 71583485 Total: 4,137.17 71594872 01/20/2017 17,497.56 0.00 02/07/2017 Road salt No 0000 101-430-3125-42290 Sand/Salt 71.594872 Total: 17,497.56 71597009 01/24/2017 6,376.28 0,00 02/07/2017 Road salt No 0000 101-430-3125-42290 SandiSalt 71597009 Total: 6.376.28 -----.--- AP - To Be Paid Proof List 012102/17 - (2:30 PM) Page 3 NV Dote Amount Quantity Pint Date Pegcriptinn Reference '!'ask Type PO 4 Close POI Ane COMPASS Total: COORD IN Coordinated Business Systems AR1N125716 01/12/2017 101-410-1940-44010 Repairs/Maim Contractual Bldg AR1N125716 Total: COORDIN Total: DPCINDUS DPC industries, Inc. DE82000144-16 01,110;2017 601 -494-940(142160 Chemicals DE82000144-16 Total: DPCINDUS Total: EMERGAPP Emergency Apparatus Maint. Inc 91031 01/17/2017 101-420-2220-44040 Repairs/Moint Eqpt 91031 Total; 91032 01/17/2017 101-470-2220-44040 Repaits/Maint Eqpt 91032 Total: 91151 01/16/2017 101470-2120-44040 RepairsiM aint Eqpt 91151 Total: 91174 01/17/2017 101420-2220-44040 Repairs/Mann Eqpt 91174 Total; 91176 01/17/2017 1 01-470-7720-44040 Repairs/Maint Eqpt 91176 Total: 91 178 01/17/2017 101-470-2220-44040 Repairs/Mann Eqpt 01178 Total: 91179 01/17/2017 101-470-2770-44040 Repairs/Maint Eqpt 91179 Total: EMERGAPP Total: 28,011,01 20.57 0.00 02%07/2017 toner No 0000 20.57 20,57 20,00 0.00 02/07/2017 Chlorine No 0000 70.00 20,00 333,75 0.00 02/07/2017 02 Safety inspection 333.75 333.75 0.00 02/07/2017 T2 Safety inspection 333,75 612.77 0.00 02/07/2017 E2 repairs, electrical 612.77 616.11 0.00 02/07/2017 LI valve repairs 616.11 515.37 0.00 02/07/2017 B 1 repairs 515.37 771.71 0.00 02/07/2017 U2 repairs 771,7! 558.82 0.00 02./0712017 B2 repairs 558.82 3,742.28 FRANCOTY Francotyp-Postalia, Inc R1103082888 01/06[1017 599.40 0.00 02/07/2017 2017 Postbase Rateguard I01-410-1320-43220 Postage 1(1103087888 Total: 599.40 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (02102;17 - 12:30 P.M } Page 4 invoice 'Inv Date Amount Quantity Pint Date Descriptinit Reference Task Type PO ft Close POLine FRANCOTY 599.40 GREATAM Great America Financial 20022398 01/16/12017 749.11 0.00 02/07/2017 Copier maintenance 101-410-1940-44040 Repairs/Maint Contractual Eqpt 20022398 Total: 749.1 1 FATAM Total: 749.11 H & L H & L Mesabi Corp 97487 01/11/2017 375,00 0.00 02/07/2017 Curb runner 101-430-3125-44040 Repairs/Maint Eqpt 97487 Total: 375.00 13 & L Total: 375.00 HOL1DAYC Holiday Credit Office 01;15/2017 98.74 0,00 02/07/2017 Fuel 101-420-2220-42 120 Fuel, Oil and Fluids Total: 98.74 HOLIDAYC Total: 98.74 INNOVAT 'Innovative Office Solutions 1468385 01/16/2017 36.24 0,00 02/07/2017 name badges 101-410-1110-42000 Office Supplies 14(38385 Total: 36.24 1477441 01124%2017 11,38 0.00 02/07/20 I 7 name badges 101-4 I 0-1320-42000 Office Supplies 1477441 Total: 11.38 1479485 01/2472017 297.77 0,00 02/07/2017 Office supplies 101-430-3100-42000 Office Supplies 1479485 01/24/2017 297.76 0.00 02/07/2017 Office supplies 601-494-9400-42000 Office Supplies 1479485 Total: 595.53 1485287 01 /30/2017 20.51 0.00 02/07/2017 name badges 101-410-1320-42000 Office Supplies 1485787 Total: 7 0,5 1 INNOVAT Total: 663.66 kathruel Kath Fuel Oil Service Co 580490 01/1812017 101-430-3100-42120 Fuel, Oil and Fluids 580490 Tota(: AP - To Be Paid Proof List (02/02/1 7 - 12:30 PM) 805.12 8(15,12 0.00 02/07/20 17 Fuel No 0000 No 0000 No 0000 No 0000 No 00(10 No 0000 No 0000 No 0000 No 0000 Page 5 !nvoiet, lor Date Amount Quantity Pint Date Deseriplioo Reference Task Type PO 4 Close POLitie 58049 I 011817017 7,455.47 0,00 02/07/2017 Fuel - No 0000 101-430-3100-42120 Fuel, Oil and Fluids 580491 "Total: 2,455.47 kathfucl Total: 3.260.59 KINGK King Kassidy Bonus 0110912017 75.00 0,00 02/07/20 I 7 PC I /09/17 - bonus No 0000 101-410-1450-43620 Cable Operations Bonus Total: 25.00 Cable 01/23/2017 55.00 0.00 02/0712017 PC 1/23.,1 7 No 0000 101-4 I 0-1450-43620 Cable Operations Cable Total: 55.00 Cable Oper 01100;2017 55.00 0.00 02/07/2017 PC 1 /09117 No 0000 I 01-410-1450-43620 Cable Operations Cable Oper Total: 55.00 KINGK Total: 135.00 LOFT Loffler Companies.. Inc. 2420459 01/10/20I7 593.98 0.00 02107/2017 Copy machine overage and base No 0000 101-410-1940-44040 Repairs/Main) Contractual Eqpt 2420459 Total: 593.98 LOFT Total: 593.98 MAGN EY Magney Construction, Inc Pay Reg 8 01/2412017 24,577.08 0,00 02/07/2017 Inwood Booster Station No 0000 601-494-9400-43030 Engineering Services Pay Req 8 Total: 24,527.08 MAGN EY Total: 24,577.08 MARONEYS Maroney's Sanitation, Inc 657436 01/06/2017 I 12.94 0.00 02/07/2017 Waste removal - City Hall No 0000 l 01-410- l 940-43840 Refuse 657436 01/06/2017 49.71 0.00 02/07/2017 Waste removal - Fire No 0000 101-420-2220-43840 Refuse 657436 01/06/2017 216.67 0.00 02'07/2017 Waste removal - PW No 0000 I 0 I -430-3100-43840 Refuse 657436 0 U06/2017 226.56 0.00 07/07/2017 Wasie removal - Fire No 0000 101-420-2220-43840 Refuse 657436 01/06/2017 49.89 0,00 02/07/2017 Waste removal - Library No 0000 206-450-5300-43840 Refuse- 657436 Total: 655.77 AP - To Be Paid Proof List (02102/17 - 12:30 (1M) Page 6 htvoic !lly Date M ARON EYS Total: MENA.R.DSO N1enarcls - Oakdale 21119 01/12/2017 I 01-410-1940-42230 Building Repair Supplies 21119 Total: 21165 01/13/2017 101-410-1940-42230 Building Repair Supplies 21165 Total: 21171 01/13/2017 101-410-1940-42230 Building Repair Supplies 21171 Total: 22006 01/24/2017 101-410-1940-42230 Building Repair Supplies 22006 Total: 72074 01125I2017 101-410-1940-42230 Building Repair Supplies 22074 Total: 22224 01/27/2017 101-430-3100-42150 Shop Materials 72724 Total: NTENARDSO Total: METRO MU Metro Cities 36 01/16/2017 101-410-1110-44330 Ducs & Subscriptions 36 Total: METRO MU Total: MILLEREX Miller Excavating, Inc. Pay Reg 7 02/07/2017 409-4 S0-8000-43030 Engineering Services Pay Req 7 Total: MILLEREX Total: MNDOT Commissioner of Transportation 1)0001)7466 12/23/2016 409-480-8000-43030 Engineering Services P00007466 Total: N DOT Total: AP - To Be Paid Proof List 012102/17 - 12:30 PM ) Amoant. Quanlity Pint Date ilmription Reference Task Type PO # Close POLine # 655.77 204.64 0.00 02/07)2017 Jes1rooms - City hall No 0000 204.64 88.89 0.00 02/07/2017 Restrooms - City hall No 0000 88.89 41.02 0.00 02/07/2017 Restroom City Hall No 0000 41.02 24,98 0,00 02/07/2017 Restrooms - City Hall No 0000 24,98 5.84 0.00 02(0712017 Restrooms City Hall No 0000 5,84 257.97 0.00 02/07/2017 Shop supplies No 0000 757.97 623.34 3.622.00 0.00 02/07/2017 Membership Dues 2017 No 0000 3,622.00 3,622,00 57,940,47 0.00 02/07.120 17 Eagle Point. Blvd Street & Utility No 0000 57,940.47 57.940.47 237.57 0.00 02/07/2017 Old Village Phase 2 No 0000 737.57 237.57 Page 7 hyVoiN, Inv Date Amount Quantity Putt Date Descrip rimy Reference Task Type PO ft Close POLine MNRURAL MN Rural Water Association 01231/2017 250.00 0.00 02/07/2017 Membership Renewal 601-491-9400-44300 Miscellaneous Total: 250.00 MNRURAL l: Tota250.00 MSAPROF MSA Professional Services, Inc 01106/2017 1,417,60 0.00 0210712017 Inwood Trunk Watermain 601-494-9400-43030 Engineering Services 12 Total: 1,417,60 MSAP ROI- Total: 1,417,60 M SSA MN Street Superintendents Assn 01/31/2017 101-430-3100-44330 Dues & Subscriptions NISSA Total: 100,00 0.00 02417/2017 Membership renewal 100.00 100,00 No 0000 No 0000 No 0000 ONECALL Gopher State One Call 7000491 01/31/2017 100.00 0,00 112010712017 2017 Annual Facility Operator Fee No 0000 101-430-3100-43150 Contract Services 7000491 -rota!: 100.00 7010490 01/31/2017 175.50 0.00 02/07;2017 IvIontlily tickets No 0000 101-430-3100-43150 Contract Services 7010490 Total: 175.50 ONECALL Total: 275.50 OP4 OP4 Boulder Ponds, LLC 01-6014-2 01/31/2017 10 I-000-0000- I 1500 Accounts Receivable 01-6014-2 Total: OP4 Total: PHILLIPS Phillips Healthcare 93411 [296 01/12/2017 706-450-5300-44040 RepairsiMaint Eqpt 934111296 Total: PHILLIPS Total: AP - To Re Paid Proof List (02/02/)7 - 12:30 P1\1) 796.74 796.74 796.74 0,00 01'07/2017 Refund duplicate payment 43.55 0.00 02/07/2017 Replacement AEU pads for Library 43.55 43.55 No 0000 No 0000 Page 5 invoice # Inv DrIre Amount Quantity Pint Date Description Reference Task Type PO // Close POLine RITCHIET Ritchie Tom Cehle 01/1812017 55.00 0.00 02/07/2017 Parks 1/18/17 No 0000 101-110-150-43020 Cable Operations Cable Total: 55.00 RITCHI Total: 55.00 ROCKPOIN RockPoint Church 01/19/2017 26 0.00 0.00 02/07/2017 Refimd escrow inoney - Parking Lot No 0000 803-000-0000-22910 Developer Payments CUP Total: 760.00 ROCKPOIN Total: 260,00 RYLAND Ryland Homes Escrow Refund 01/19/2017 803-000-0000-22910 Developer Payments Escrow Refund Total: RYLAND Total: 500,00 0.00 02/07I2017 Hunles Crossing 11 Easement No 0000 Vacation 500.00 500.00 SAFEFAST Safe -Fast. Inc. 178508 01112/2017 27.46 0.00 02/07/2017 Gloves 101-430-3100-44375 Personal Protection Equipment 178508 Total: 27.46 SAFEFAST Total: 27.46 SAMBATEK Sambatek, Inc 9160-9161 01/30/2017 101-410-1910-43030 Engineering Services 9160-9161 Total: 9162 01/3012017 101-410-1910-43030 Engineering. Services 9162 Total: 9163 01/30/2017 S03-000-0000-22910 Developer Payments 9163 Total: SAMBATEK Total: SAM SCLUB Sam's Club 01/2712016 101-420-2220-44300 M iseellaueous Total: 125.00 0.00 02/07/2017 General Planning 125.00 836.25 0.00 02/0772017 Village AUAR 336.25 843.75 0.00 02/07/2017 The Royal Golf 843.75 1,805.00 23.38 0.00 02107/2017 Rehab supplies 23.38 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To f3e Paid Proof List (02/02/17 - 12:3(1 PM) Page 9 invoice v. Inv Da te Amount- Quantity Putt Date Description Reference Task Type PO 1 Close POLine fl SAIMSCLLB Total: 23.88 SEES Short Elliott Hendrickson. Inc 327777 011377017 285.50 0.00 07/07/2017 Inwood water tower No 0000 001-494-9400-43030 Engineering Services 327227 Totah 285.50 SEH Total: 285,50 SPRINT Sprint 761950227-166 02/0212017 67,37 0.00 07/07/20 I 7 Cell phones - Admin No 0000 101-410-1320-432 ll) Telephone 761950227-166 02/02/20 I 7 249.18 0.00 07107/2017 Cell phones - Fire No 0000 I 01-420-2220-43210 Telephone 761950227-166 02/0272017 216,57 0.00 02/0717017 Cell phones - 13nilding No 0000 101-420-2400-43210 Telephone 76(950227-166 02/02/2017 134.77 0.00 02/0712017 Cell phones - PW No 0000 101-430-3100-43210 Telephone 761950227-166 02/02/2017 116.60 0.00 02/0712017 Cell phones - Parks No 0000 101-450-5200-43210 Telephone 761950227-166 02/02/2017 16.73 0.00 02/07/2017 Cell phones - Planning No 0000 I 01-410-1910-43210 Telephone 761950227-166 Total: 800.67 SPRINT Total: S00.67 STILLTOW Stillwater Towing Inc 162944 01i06/2017 225.00 0.00 02/07/2017 Tow CV2 to VW No 0000 10 1 -420-2220-44(140 Repairsiklaint Eqpt 162944 Total: 225.00 STILLTOW Total: 225.00 TKDA TKDA, Inc, 002016004634 01/12/2017 40.01 0.00 02/07/2017 General - records and data 0000 10 I-410- I 930-43030 11.'tigineering Services 002016004634 Total: 40.01 lk DA Totnl: 40.()1 TOOLGUY The Tool Guy, 1—LC 75829 01/24/2017 11.78 0.00 02/07/2017 Tools No 0000 101-430-3100-42400 Small Took & Minor Equipment 25829 Total: 11.78 AP - Be Paid Proof List (02/02/17 - 12:30 PM Page I 0 Involve Inv Date Amount Quantity Pint Date Desrription Ilderenee Task Type PO ti- Close POLine # 26158 01/3112017 21.52 0.00 02/07120E7 Tools 101-430-3100-42400 Small Tools & Minor Equipment 26158 01/31/2017 177,07 0.00 02/0712017 tools 601-494-9400-42400 Small Tools & Minor Equipment 26158 Total: 198.59 TOOLGUY Total: 210.37 0000 No 0000 WAS -PH Washington County 01/26/2017 84,60 0.00 02/0712017 Hazardous waste disposal No 0000 601-494-9400-44300 Miscellaneous Total; 84.60 WAS -PH Total: 84.60 WAS-SHER Washington County 111415 01/12/2017 10 1-420-2 100-43150 Law Enforcement Contract 11[415 Total: WAS-SHER. Total: 634,22 0.00 02/07/2017 Code Red - annual fee 634 "1") 634,22 No RO)) WASHTAX Washington County 111539 01/20/2017 839.27 0.00 02/07/2017 2017 Truth in Taxation Notice No 0000 101-4 10-1320-43510 Legal Publishing 111539 Total: 839.27 WASHTAX Total; 839.27 Whitcani White Anita Bonus 01/17/2017 25,00 0.00 02/07/2017 CC 1/17/17 - Bonus 101-410-1450-43620 Cable Operations Bonus Total: 25.00 Cable 01/31/2017 55.00 0.00 02/07/2017 Operations CC 1/31/17 101-410-1450-43620 Cable Operations Cable Total: 55,00 Cable A 01/17/2017 55.00 0.00 02/07/2017 CC 7/17 101-410-1450-43620 Cable Operations Cable - A Total: 55.00 Whiteani Total: 135.00 ZACK Zack's, Inc. 31717 01/19/2017 101-430-3100-44375 Personal Protection Equipment 71.94 0.00 02/07/2017 Gloves AP - To. Bz, Paid ['root' List (02/02117 - 12:30 PM) No 0000 No 0000 No 0000 No 0000 Page II „ Inv Date An/molt Quantity Pont Pate Description Reference Task Type PO ft Close 1301.itRi 31717 01/19/2017 180,77 0.00 0 /07/2017 Shop supplies 101-430-3100-42150 Shop Materials 31717 01/19/2017 40023 0.00 02107/201 7 Tools I 01-430-3100-42400 Small Tools & Minor Equipment 31717 Total: 657,89 TACK Torok 652.89 Report Total: 143,736.59 AP - To Be Paid Proof List (02102/17 - 12:30 PM) No 0000 No 0000 Page 12 Accounts Payable To Be Paid Proof List User: PattyB Printed: 02/02/2017 - 12:31 PN1 Batch: 004-02-2017 Invoice 14 3tly Date Amount Quantity Pmt Date Description Reference 'Fast: Type PO f Close POLine MPCA MN Pollution Control Agency D151712 02(01/2017 23,00 0.00 02107,1201 7 Wastewater Certification Renewal No 0000 602-495-9450.44370 Conferences & Training -Weldon D151712 Total: 23.00 Lxant 02/02/2017 55,00 0.00 02/07/2017 Wastewater Certification Exam -R. No 0000 602-495-9450-44370 Conferences & Training Weldon Exarn Total: 55,00 Registration 02/02/2017 345.00 0.00 02/07/2017 Wastewater conference - Rob Weldon No 0000 602-495-9450-44370 Conferences S.: Training Registration Total: 345.00 MPCA Total: 423.00 NCPERS 566200-NCPERS Minticsc.,ta 5662I 17 01/23/2017 I 01-000-0000-2 I 708 Other Benefits 5662117 Total: NCPERS Total: RABOUIN R.kBOUIN, INC Feb 2017 02/02/2017 101-410-1320-43100 Assessing Services Feb 2017 Total: RABOLIN Total: 64.00 0.00 02/07/2017 Febuary 2017 Premium No 0000 64.00 64,00 2,500.00 0.00 02/07/2017 Monthly contract amount No 0000 2,500.00 2,500.00 UN1 University of N/linnesoia C10583 01/31/2017 800.00 0.00 02;07/2017 Shade tree short course No 0000 101-430-3100-44370 Conferences & Training C10583 Total: 800.00 UM Total: 800.00 AP - To Be Paid Proof Uist (02/02/1 7 - 12:31 PM) Page I Invoice 7-r Inv Date Amount Quontitv Pint Date Description Reference, Task Type PO # Close P()L3ne XCEL Xcel Energy 01/20,2017 101-430-3160-43810 Street Lighting 01'2012017 101-470-2220-43810 Electric Utility 01/20/2017 101-450-5200-43810 Electric Utility 01120/2017 101-450-5200-43810 Electric Utility 01/20/20 17 101-450-5200-43810 Electric Utility 01/20/2017 101-430-3160-43810 Street Lighting 01/20/2017 101-450-5200-43810 Electric Utility 01/7012017 602-495-9450-43810 Electric Utility 01120/2017 602-495-9450-43810 Electric Utility 01-'20:2017 101-420-2220-43810 Electric Utility 01;2012017 101-450-5200-43810 Electric Utility 01/20/2017 101-430-3160-43810 Street Lighting 01/20/2017 101-450-5200-43810 Electric Utility 01/20/2017 101-450-5200-43810 Electric Utility 01/20/2017 101-430-3100-43810 Electric Utility 01/20/2017 601-494-9400-4381() Electric Utility 01/20/2017 101-430-3160-43810 Street Lighting 01;20/2017 706-45(1-5300-43S I 0 Electric 01/20/2017 602-495-9450-43810 Electric Utility 01/20/2017 601-494-9400-43810 Electric Utility 01/20/2017 101-450-5200-43810 Electric Utility 01/20/2017 101-430-3160-43810 Street Lighting -.. AP - "Io 13e Paid Proof List (07/02117 - !2:31 PM) 7 g.6 9 0.00 02/07/2017 Utility services No 0000 1.230,03 0,00 02/07/2017 Utility services No 0000 11,75 0.0() 07107/2017 Utility services No 0000 106,32 OM 0210717017 Utility services No 0000 25.20 0,00 02.'0772017 Utility services No 0000 43.48 0.00 07/07/2017 Utility services No 0000 193.47 0,00 02/07/201'7 Utility serviceNo 0000 22.53 0.00 0710712017 Utility services No 0000 19,26 0,00 02/07/2017 Utility services No 0000 702.34 0.00 02/07(7017 Utility services No 0000 465.51 0,00 02/0712017 Utility services No 0000 30,96 0.00 02/07/2017 Utility services No 0000 12,31 0.00 02/07/201 7 Utility services No 0000 47.17 0,00 07/07/2017 Utility! services No 0000 3,066.78 0.00 02/07/2017 Utility services No 0000 237,80 0,00 ()2/07/2017 Utility services .. No 0000 13.10 0.00 02/07/2017 Utility services - No 0000 830.68 0.00 02107;2017 Utility services No 0000 264,33 0,00 02107/2017 Utility services No 0000 174,72 0,00 07/07/2017 Utility services No 0000 14.77 0.00 02/07/2017 Utility services No 0000 54,81 0.00 02417/2017 Utility services No 0000 PirPc invoice # Ins' te Alumna Quantity nut Date Description Reference 01/210017 41.39 0.00 02/07/20 I 7 Utility services 01430-3160-438 I Street Lighting 01120/2017 1,715.23 0,00 02/07/2017 Utility services 601-494-9400-43810 Electric Utility 01/20/2017 14.89 0,00 02/07/2017 Utility services 101-420-2220-43810 Electric Utility Total: 9,363.0/ XCEL Total: 9,363.02 Report Total: 13,150,02 AP - To Be Paid Proof List (02102/17 - 2:3 I PM) Task Type PO # Close POUine fi No No No 0000 0000 0000 Paoe 3 Accounts Payable To Be Paid Proof List Patty Printed: 02/07/2017 - 12:31 Batch: 005-02-7017 Invoice hir Date .zkononpr Qmintity Pmt Date Description Reference. Task type FO 11 Close POLine Capcli rig Lawrence 1 02/02/7017 206-450-5300-44300 Miscellaneous 1 Tolal: L-CAPELI Total: L-MAYEKK Mayek Keiko 2 02/0212017 206-450-5300-44300 Miscellaneous 2 Total: I...-N,IAYEKK Total: I.-MITTEL Mittel lstad t Krista 3 02107/017 206-450-5300-44300 Miscellaneous 3 Total: L-MLTTEJ. Total: Report Total; 60,00 60.00 60.00 0.00 02107.'2017 Library Card Reimbursement 00.00 0.00 02/07/2017 Library Card Reimbursement 60.00 60.00 60.00 0.00 02/07/2017 Library Card Reimbursement 60,00 60.00 1 80.00 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (02/02/17 - 12:11 PM I Page 1 TI II-: CITY ( >F: LAKE E MO STAFF REPORT DATE: CONSENT ITEM #: AGENDA ITEM: Space Needs Study SUBMITTED BY: Kristina Handt, City Administrator February 7, 201 7 BACKGROUND: As part of the 2017-2021 Capital Improvement Plan, the City Council included a space needs study for the city hall, fire stations and public works. !ISSUE BEFORE COUNCIL: Should the Council approve issuing an RFP for a space need study? PROPOSAL: Included in your packet is a Request for Proposals for a space needs study for the city hall, lire stations, and public works buildings. It lays out the scope of work, provides background on the facilities and requests proposals by March 14. OPTIONS: 1) Authorize the issuance of the RFP 2) Amend the RFP and then authorize the issuance 3) Do not authorize the issuance of the RFP RECOMMENDATION: If removed from the consent agenda: "Motion to authorize the issuance ofthe Space Needs Study RFP." ATTACHMENTS: • Space Needs Study RFP Municipal Facilities Space Needs Assessment City of Lake Elmo, MN February 14, 2017 Introduction The City of Lake Elmo is seeking proposals from qualified architectural/engineering firms to perform a Municipal Facilities Space Needs Assessment of its municipal facilities including City Hall, Fire Stations, and Public Works. Scope mfWork The Assessment will consist nfaformal report tnthe City Council that addresses and makes recommendations on the following items for each of the facilities identified above: A. Identify Current Facility Conditions and Deficiencies * Age ofFacility * Storage m Structural Issues * ADA[onnp|iance • Size bq.ft.> * Utility Costs • Number ofStaff * Hours nfOperation * Equipment * Photos B. City Population and Growth Projections C. Future Facility Needs ~ Identify Shared Space Potential ° Workspace ° Storage • Meeting Roams • 5ustainab|e8ui|dings/LEED * |Tand Computer Equipment D. Space Needs * Square Footage, asrequested bystaff * Square Footage, assuggested bystandard E. Preliminary Cost Estimates F. Preliminary Site Design layouts G. Potential Funding Sources H. Potential Improvements to Existing Buildings 1. Timeline Facility Location Information City Hall is located at 3800 Laverne Avenue N, Lake Elmo, MN 55042. The building was constructed in 1986. The building currently houses the offices for the planning and building departments, some administrative personnel, an office for the contracted deputies and council chamber. Other administration and finance offices are located across the street at 3880 Laverne Ave Ninanoffice building where the City leases space. The current lease expires in ZO19.The city desires tobring all of these departments and the council chambers together into one building. Fire Stations are located at 3510 Laverne Ave N (Fire Station #1) and 4259 Jamaca Ave N (Fire Station #2). Fire Station #1, constructed in 1957 and an addition was added in 1980. it has four bays for fire apparatus, a training room, the chief's office, kitchen and an administrative area. Fire Station #2, constructed in 1980, has four bays for fire apparatus, a day room and a small office area for officers. The City could consider keeping two stations orconsolidating into one \ocation. Public Works is located at 3445 Ideal Ave. This building was constructed in 2006 and is a large barn style structure. |tincludes space for street maintenance equipment, water and waste water equipment, an office for the director, and a large open office area that also serves as a meeting space and lunch room. Most parks equipment is stored in smaller structures located on Laverne Ave and JannacaAve. The purpose ofthe study would betnplan tomeet future needs mainly atthe Ideal Ave location with the current parks equipment remaining in their present locations. Specifications The firm selected will be required to make site visits and conduct interviews with appropriate personnel to derive a final set of recommendations. Please provide the following information as part ofyour submission: A. A Narrative relating toyour general approach to this project. B. Company History C. Examples of work in the past five years in government planning or analysis. D. Resumes, including responsibilities, background, and relevant experience of key personnel that will be working directly on this project. E. Names of three to five individuals that can be contacted as references concerning the professional capabilities ofyour firm toperform onthis project. F. Additional information or materials that you believe communicate the capabilities of your firm toperform this project. Fee and Timeline Please submit the fee for your services nnthis project andindudcahrne|incfortheseservices. The consultant shall break down the fees a»follows: 0 Proposed cost ofeach scope ofwork listed above Hourly rates for all consultant employees who are expected towork onthe project. These rates shall be the agreed upon rates for any additional services requested bythe City ofLake Elmo above what i»detailed inthe RFP. Reimbursable costs include detail of service or item and applicable charge per unit. Not to exceed cost for the Project. Completion is anticipated within approximately of 120 to 180 days of an executed agreement. Proposal Submission Directions Please send seven original copies and one electronic copy of your responses to this Request for Proposal. These copies are to be received at the offices of the City of Lake Elmo no later than 4:0OpnnnnMarch l41x,2Ol7. Proposals should bedirected and delivered to: City ofLake Elmo Attn: RFP'K4unicipa| Facilities Space Needs Assessment 3OUOLaverne Ave N Lake Elmo, MN 55042 Please direct questions tnKristinaHandt6S1.747.390S Following the review ofthe received Requests for Proposals bvthe City, firms may becontacted for additional information ortnparticipate inaninterview process. General evaluation criteria A Demonstrated understanding of the requirements of this project. Project approach and schedule. Qualifications and expertise ofkey personnel assigned tothe project and their proven ability to efficiently complete similar projects. Experience Ofthe firm and project teann,direcdyne|adngtothisproject. Comments and opinions ofreferences, Firm possesses resources required to complete the project, Clarity, consciousness, and organization ofthe Proposal. Cost ofthe Proposal. This Request for Proposal isonly asolicitation for information, The City isnot obligated to enter into a contract nor is it responsible for any costs associated with the preparation of Proposals and interviews. Proposals received after the deadline will bedisqualified from consideration. The City reserves the right to reject any and all proposals and to interview firms, which inthe Otv'sjudgment, will best meet City needs. Rights ofReview The City VfLake Elmo reserves the right tn rejectany orall quotes, torequest additional information from any or all applicants or waive any informality in the bids as is determined to be inthe best interest ofthe City. Affirmative Action The City mfLake Elmo requires affirmative action and, therefore, the contractor selected shall not discriminate under the contract against any person in accordance with federal, state, and local regulations. Contract Execution The contractor chosen will be required to enter into a contract with the City ofLake Elmo for the proposed work prior to commencement of any work (see attached draft contract). The contractor chosen will also be required to provide a certificate of insurance demonstrating compliance with the minimum insurance requirements, and provide performance and payment bonds asrequired bylaw. The information below isbeing provided aspart ofthis request for proposals to give contractors an understanding of the City's expectations with respect to contract execution. A. Negotiations and Contract Execution The City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and contractor be unable to agree upon the entire contract, the City reserves the right to discontinue negotiations, select another contractor, or rejectall ofthe proposals. Upon completion of negotiations agreeable to the City and the contractor, a contract shall beexecuted. B. Contracting Ethics I. Noelected official oremployee ofthe City ofLake Elmo who exercises any responsibilities in the review, approval, or implementation of the proposal shall participate in any decision, which affects his nrher direct orindirect financial interests. 2. It is breach of ethical standards for any person to offer, give, or agree to give any City of Lake Elmo employee or Council person, or for any City of Lake Elmo employee or Council person to solicit, demand, accept, or agree to accept from another person or firm, agratuity Vranoffer of employment whenever areasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded the general public. 3. The contractor shall not assign any interest inthis contract and shall not transfer any interest in the same without the prior written consent of the City. 4. The contractor shall not accept any private client orproject vvhich,bvnature,p|acesitin ethical conflict during its representation of the City of Lake E|n0m. �����������U��K���U ������K~������������U�^� PROFESSIONAL ~_~°~,"��"°��� .�"-"^�".-"-~v ��~�"""-"-"°""-"�" Lake Elmo Municipal Facilities Space Needs Assessment AGREEMENT made this day of , 20 1 by and between the CITY OF Lake Elmo, a Minnesota municipal corporation ("City") and IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to conduct a Facility Space Needs Assessment of Lake Elmo Municipal Facilities. At a minimum, as part of the Facility Space Needs Assessment, the Consultant's study and report shall include: Identify Current Facility Conditions and Deficiencies * Age ofFacility * Storage • Structural Issues * ADA[onnp|iance • Size (sq.ft] * Utility Costs • Number qfStaff * Hours ofOperation * Equipment + Photos City Population and Growth Projections Future Facility Needs * Identify Shared Space Potential • Workspace • Storage • Meeting Rooms • Sustainable Bui|dings/LEEU m |Tand Computer Equipment Space Needs • Square Footage, asrequested bvstaff • Square Footage, assuggested bystandard Preliminary Cost Estimates Preliminary Site Design layouts Potential Funding Sources Potential Improvements toExisting Buildings Timeline The Consultant agrees to perform the Study and prepare the Report consistent with the RFP issued by the Z. COMPENSATION. Consultant shall bepaid bythe City inaccordance with the Consultant's proposal, except that following submittal and acceptance by the City of the Draft Study the City shall pay the Consultant , and shall pay the remaining upon presentation and acceptance ofthe Final Study and Presentation. 3. COMPLETION DATE, The Consultant must complete the services mno/before for the Draft Study and for the Final Study. The obligation toprovide further services under this Agreement may be terminated by City without cause upon written notice tothe Consultant, Upon termination Consultant shall only bepaid for work actually performed. 4. Q0[UK8ENT5 The City shall bethe owner ofall documents, reports, studies analysis and the like prepared by the Consultant in conjunction with this contract. S. COMPLIANCE WITH LAWS AND REGULATIONS. |nproviding services hereunder, Consultant shall abide by all statutes' ordinances, rules and regulations pertaining to the provisions of services to be provided. 6. STANDARD OF CARE. Consultant shall exercise the same degrees of care' sN|i and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. T INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attornev's fees, arising out of o, by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 8. INSURANCE. Consultant shall secure and maintain such insurance aswill protect Consultant from claims under the Worker's Compensation Acts' automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability Automobile Liability Excexn/UmbveUaUabUby $2,0OO,O0Ueach occurrence/aggregate $2,OOOUUOcombined single limit $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability and umbrella policies. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment ofdamages for legal liability arising out of the performance ofprofessional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of$l/X00\UU0with a deductible maximum of$lZS,0OO unless the City agrees to a high deductible. Before commencing work the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage )naform acceptable toCity. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer's intention ofcancel this insurance. 9. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant asanindependent contractor upon the terms and conditions set forth inthis Agreement. The Consultant bnot anemployee of the City and is free tocontract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not atany time orinany manner represent that Consultant orany of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments' workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 10. SUBCONTRACTORS. Consultant shall net enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute y471.4I5. Consultant must pay Subcontractor for all undisputed services provided by Subcontractor within ten days ofConsultant's receipt ofpayment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time tmSubcontractor. The minimum monthly interest penalty payment for anunpaid balance of $lOOur more is$l0. 11. NONDISCRIMINATION, All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractorwill include a similar provision in all subcontracts entered into forthe performance of this contract. 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating tothe subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matte/ hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING U\VV This Agreement shall be governed by and construed in accordance 16. COPYRIGHT. Consultant shall defend actions or claims charging infringement ofany copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 17. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. K8|NNESOTAGOV[RNK8ENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (l) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, urdisseminated bythe Consultant pursuant tuthis Agreement. Consultant issubject 10all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 1I08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant's officers', agents', dt/s, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use ofprotected data, The terms nfthis paragraph shall survive the cancellation ortermination ofthis Agreement. A||EST: Julie Johnson, City Clerk CITY OF LAKE ELMO Mayor Mike Pearson Kristina Handt, City Administrator Company Name By: Its urn,' OF LAKE ELMO STAFF REPORT DATE: February 7, 2017 CONSENT ITEM #: 4 MOTION TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Replacement of Tahoe REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: On January 6, 2016, CV2 was involved in a traffic accident while responding to an emergency. This was the 2007 Tahoe scheduled for replacement this year. The insurance company made the determination that the vehicle was a total loss. We purchased a similar "Emergency Services Vehicle" in 2015, which is our current CV1. At that time Council reviewed the recommended purchase and approved it on March 17, 2015. This vehicle was discussed again at the Special Meeting held Oil March 24, 2015. At this time the focus was on the color of the vehicle as a resident had raised the question of a red vehicle being safer. Chief Malmquist did a presentation on the history of the Duty Vehicle within Lake Elmo FD. Part of this presentation included information pertaining to safety and the color of Police/Fire/EMS vehicles. Studies had been done showing that color did not improve on the safety of the vehicle, but, rather, emergency lighting and lighting patterns impacted safety and visibility. Council took no action and the vehicle was purchased. ISSUE BEFORE COUNCIL: Replacement of CV2 PROPOSAL DETAILS/ANALYSIS: Purchase of replacement vehicle through the State Contract, from Ranger GM in Hibbing MN, (state contract vendor). The LMC Insurance has determined the replacement value to be $18,134,67, The LMC will also cover additional costs associated with getting the replacement vehicle equipped identical to the original. We will salvage and transfer as much equipment as possible from the old vehicle, to be reused. This includes lighting, radios, etc. We will also make some minor improvements to the overall safety of the vehicle. Currently we have Iwo purchase options with the vendor: They have a new 2016 on the lot, ready for immediate delivery, or, if that is sold, we would order a 2017 with a 90 day delivery. The reason for purchasing this particular model vehicle, is that they are designed specifically for public safety use, with better brakes, better suspension, pre -wiring for emergency lights and several other minor modifications. The LMC will reimburse the City the $18,134.67, less the $1,400.00 salvage fee which will be paid to the City by the salvage company once transfer of equipment is completed and we release it. They will also cover the $3,177.31 cost of transferring equipment as well as the $220.00 cost of graphics. FISCAL IMPACT: OPTION A (2016) $35,300.23 - vehicle cost S17,634.67 - insurance reimbursement, less $500 deductable $2,450.49 - safety improvements $20,116.05 cost to City OPTION B (2017) $37,066.29 - vehicle cost $17,634.67 - insurance reimbursement, less $500 deductable $2,450.49 - safety improvements $21,882.11 cost to City Funding will come from and is available in the "Vehicle Replacement Fund". OPTIONS: Purchase 2016, if available, and if not, order 2017. RECOMMENDATION: Motion to "Approve purchase of replacement vehicle and associated costs in the amount not to exceed S22,500" ATTACHMENTS: Insurance report 2016 quote 2017 quote Estimate to remove and install equipment Estimate for graphics Estimate for additional safety equipment TOTAL LOSS REPORT ram Number CA26125 Owner City of Lake Elmo Insured City of Lake Elmo Location Address Cause of Loss Collision Vehicle Description 2007 Chevrolet Tahoe LT 4D Ut halm Representative DANI MONTEITH rnone Number LcSs -Cr7d-e- VEHICLE DESCRIPTION VIN 1GNFK13037R179170 Drive Train Tires 5,31_ Inj 8 Cyl 4WD Mileage 87,000 fDafOlLoss 1/ 6/17 Phone Number Exterior Color Blk Towing License Plate Number LEFD Claim Unit rtAA Nurtioer Storage Per Day Expiration Dale Interior Color Grey State All Season Snow/Ice/Mud Radial Summer ; % of Wear LF 0 LR 0 RF 0 RR 0 SP 0 CONDITION INTERIOR: (Explain if other than average condition for year. make and model vehicle, Seats: Carpets: Glass: Dash: Headliner: EXTERIOR: (Explain if other than average condition for year, make and model vehicle, Sheet Metal; Paint: Trim: MECHANICAL: (Explain if other than average condition for year. make and model veh Engine: Transmission: PRIOR DAMAGE: El Yes No OVERALL CONDITION: 1:1 Above Avg. LJ Avg. e; Estimate Written: Amount 0 Below Avg. SALVAGE WILL BE: Ei Salvage Brand ED Irreparable El No Brand Parts Only Above Avg Avg Below Avg o 0 0 o ID 0 0 0 0 0 0 D El 0 El 111 0 0 0 El 0 0 E] Yes 0 No Damage Location: DAVID LEIKAM INJYtt, I tU b Y 1/12/17 LJA I t EQUIPMENT / ACCESSORIES DECOR / BODYSTYLE / TRIM GENERAL OPTIONS POWER OPTIONS ROOF OPTIONS Luggage Rack BODY TRIM OPTIONS Rear Window Defogger Air Condition Rear Window Wiper Cruise Control Heated Exterior Mirror Rear (Dual -Zone) AC Running Boards Fog Lights Leather Steering Wheel Tow Hitch Receiver Privacy Glass First Row Bucket Seat Rear Heating, Ventilation & Air Con Cloth Seat Automatic Headlights Interior Automatic Day/Night Or Ele Daytime Running Lights Rear Bench Seat SAFETY OPTIONS Passenger Airbag Driver Airbag Tire Inflation/Pressure Monitor Keyless Entry System DRIVE TRAIN OPTIONS Traction Control 4 Wheel Drive Power Driver Seat Power Lock Power Wrndow Power Steering Power Adjustable Exterior Mirror ELECTRONIC OPTIONS AM/FM Stereo CD Player Telematic Systems MP3 Player Rear Audio Controls Steering Wheel Audio Controls WHEEL/SUSPENSION OPTIONS Anti -Lock Brake Sys. Alum/Alloy Wheels Electronic Stability Control Use this space to explain or describe EquipmentiAccessories listed above andtor list and describe additional Equipment/Accessories. Savlage Bids: Ken @ Action Auto 651-227-8996 $1400,00 Chris @ AAA 651-423-2432 $1200.00 Dave @ TLB 612-867-4677 $1200.00 ACV Range From 15k to 20k Note: Mileage is estimated. Allowance for transmission included in ACV. 4WD or AVVD, TOTAL LOSS SETTLEMENT Method used to determine base price: (Check one) El Computerized Evaluation xi Comparable Vehicles Book Value COMPUTERIZED EVALUATION USED Did you pay the computerized evaluation amount? If no, explain: OMPARABLE VEHICLES USED Source & Telephone Number 1. DAve Littleton Ford 866.4195568 2. Zimbrick Volkswagen 888-854-4684 3. Napletons Chrysler 888-833-4121 Vendor Name: ! Yes No Amount Adjusted Amount Quote By Date Make & Model Cars.com 1/12/17 2007 Chevrolet Tahoe LT 89,699 mi Cars.com 1/12/17 2007 Chevrolet Tahoe LT 81,900 mi Cars.com I 1/12/17 2007 Chevrolet Tahoe LT 86,218 mi Vehicle number(s) used to determine base priceAi 1. Exi 2. Explain any adjustments for difference in mileage, equipment condition, prior damage, etc: p99yALUE(S ) Book(s) used: NADA Midwest List additions or deductions for equipment, mileage, etc, and prior damage: Did you pay this amount? If No, explain Base Price Tax Fees Actual Cash Value Owner Retained Salvage Deductible Lienholder Payoff Amount Paid Owner Date Settled Used Comps CLAIM REP, SIGNATURE 2 2', Yes 18134,67 1178.75 0.00 19313.42 0.00 0.00 0.00 19313.42 'xi No Used 3 cars averaged Basic Book Price Salvage Disposition Purchaser: Date Sold Date Remittance Received High Salvage Bid Towing Expense Storage Expense Miscellaneous Expense Net Salvage Return $ Available Price Yes $19999.00 Yes $18495.00 Yes $15910.00 Adjusted Amount $19275.00 Adjusted Amount $18134.67 Remarks: Ken @ Action Auto 651-227-8996 $1400.00 Disposition of Title: Free and Clear Date: Prepared For: GREGMALMQU|ST LAKE ELK4OFIRE 351OLAVERNEAVE N LAKE ELyN0.yWN 55042 `^^ Prepared By: B[)BO1HARA MIKE MOTORS 808ESHER|DANST ELY.NN 55731 Phone: (218)349-8055 Fax: (218)263-7570 Email: rwohara0l@aol.com 201GF|B8|/0OD-Retn'|Chevrolet Tahoe 4WD z1d[Commercial CK157OQ PRICING SUMMARY PRICING SUMMARY '2V16 Fleet/Non-Retail CK157064VVD 4drCommercka| Base Price Total Options: Vehicle Subtotal Advert/Adjustments Destination Charge GRAND TOTAL VQ2 $45.0OO�0U '$18.89477 $34.10523 $0.00 $1,195.00 Report content is based on current data version referenced. Any performance -related calculations are offered solely as gukdmUnes. Actual unit performance will depend onyour operating conditions. GKJAutnBook. Data Version: 472.0. Data updated 1/3/2017 @ Copyright 1988'2D12Chrome Data Solutions, LIP. All rights reserved. Customer File: Janumry1Q. 20179:47:38PM Page 1 Prepared For: GREG MALMOU|ST LAKE EUN0FIRE 5518LAVERNEAVE N LAKE ELMD.MN55042 Prepared By: BO8O'HARA MIKE MOTORS 008E3HER|OANST ELY.K8N 55731 Phone: (218)349'8955 Fax: (218)263'7570 Email., rwohara0l@aol.com 2D1AF|e2t/NDO-Ret@'|Chevrolet Tahoe 4WD 4d[Commercial CK157D6 SELECTED MODEL & OPTIONS SELECTED MODEL - 2016 Fleet/Non-Retail CK15706 4WD 4dr Commercial Code Description SELECTED VEHICLE COLORS - 2016 Fleet/Non-Retail CK15706 4WD 4dr Commercial Deochwhmn Interior: Nocolor has been selected. Exterior1: Nocolor has been selected. Exterior2: Nocolor has been selected, SELECTED OPTIONS - 2016 Fleet/Non-Retail CKI 5706 4WD 4dr Commercial CATEGORY Code Deonhobon SU3PENS|0NPKG Z58 SUSPENSION, HEAVY'UUTY.POLICE-RATED front, independent torsion bar, and stabilizer bar and rear, multi -link with coil springs (Included and only available with (8C1) Police Vehicle only.) EK4|SS|QN3 FEU EMISSIONS, FEDERAL REQUIREMENTS ENGINE L83 ENGINE, 5i3LECOTEC3V8WITH ACTIVE FUEL MANAGEMENT, DIRECT INJECTION AND VARIABLE VALVE TIMING includes aluminum block construction (355hp[2G5kW] @5G00rpm, 383|b+Kof torque [518N'm]@41UOrpm) (STD) TRANSMISSION K0YC TRANSMISSION, 6'SPEEDAUTOMATIC, ELECTRONICALLY CONTROLLED with overdrive and tow/haul mode (STD) AXLE GU4 REAR AXLE, 3INRATIO (Not available with (NHT)Max Trai|oring Package.) Report content isbased oncurrent data version referenced. Any performance -related calculations are offered solely ao guidelines. Actual unit performance will depend onyour operating conditions, GK4AutoBook. Data Version: 472.0. Data updated 1/3/2017 Copyright 1880'2O12Chrome Data Solutions, LP. All rights reserved. Customer File: January18. 20179:47:38 PM Page 2 V_Q_2 $45,000.00 INC $0.00 MOO $0,00 Prepared For: 8RE8MALMOU|3T LAKE ELK80FIRE 851OLAVERNEAVE N LAKE ELMU.M0 55042 Phone-, (551)775'1137 ,^ Prepared By: BD80'HARA MIKE MOTORS QOOESHER|DANST ELY.[NN 65731 Phone: (218)349'8955 Fax: (218)263-7576 Email: rwohara0l@aol.com 2016 F|eefNQn-Ret@'|Chevrolet Tahoe 4WD /1dr Commercial F!K157DA SELECTED MODEL & OPTIONS SELECTED OPTIONS '2V1GFlemdNon-Re1a|CK]S7UG4WD 4drCommercial CATEGORY Code Description PREFERRED EQUIPMENT GROUP 1FL COMMERCIAL PREFERRED EQUIPMENT GROUP Includes Standard Equipment *CREDIT* WHEELTYPE 05U WHEELS, 17^X8^(412CK4X2O3CM) BRIGHT MACHINED ALUMINUM includes (RM7)17"x8^(432cmx2O.3cm) fuU-sizo.steel spare (Requires (9CII) Police Vehicle.) TIRES OAR TIRES, P285/80R17ALL-SEAS{}N.POLICE, V-RATED(Included and only available with (9C1) Police Vehicle,) SPARE TIRE ZAK TIRE, SPARE, P285/OUR17ALL'5EAS0N'POLICE, \-RATED(Included and only available with (9C1) Police Vehicle.) PAINT SCHEME ZY1 PAINT SCHEME, SOLID APPLICATION PAINT GBA BLACK SEAT TYPE SEATING, FRONT 40/2O/4OSPL|T-BENCH.3-PA3SENGERincludes G' *aypm*erdhverend2'wayhno(panoengerneatocUudar.dhverand front passenger power lumbar control and power reclining, center fold - down armrest with nXorago, storage compartments in seat cushion (includes auxiliary power oudeV.adjustable outboard head restraints and storage pockets (With vinyl, does not include (AG1)Driver 8+waypower seat adjuster or(AG2)Front passenger G+waypower adUuster.)(STD) SEAT TRIM HUU JET BLACK, CLOTH SEAT TRIM RADIO 103 AUDIO SYSTEM, AM/FM STEREO WITH CID PLAYER AND AUXILIARY INPUT JACK includes USBport (3TD) $0/00 Report content inbased oncurrent data version referenced. Any perform ance'eJatedcalculations are offered solely os guidelines. Actual unit performance will depend onyour operating conditions. GMAuVnDook. OataVendom 472.0. Data updated 113/2017 Copyright 1Q8O'2U12Chrome Data Solutions, LP. All rights reserved. Customer File: January1Q. 20179:47:38PK4 Page 3 Prepared For. GRE8MALMQU|ST LAKE ELN1UFIRE 3910LAVERNEAVE N LAKE ELMO.MN 55042 Phone: (351)775-1137 ^ Prepared By: 8O80'HAR4 MIKE MOTORS 908ESHER|DANST ELY./NN 55731 Phone: (218)548'8955 Fax: (218)203'7578 Email: rwahara0l@aol.com 2016 F|BeK0oD-Reba'|Chevrolet Tahoe 4WD 4drCommercial Ck{157OA SELECTED MODEL & OPTIONS SELECTED OPTIONS '2Ui8Fleet8Npn'RetaUCK1570G4WD 4drCommercial CATEGORY CDA9 GVWR C5Y Description G\8WR.71UOLBS. (}221 KG) (4VVDmodels only. Included and only available with (9C1) Police Vehicle.) ADDITIONAL EQUIPMENT 0C1 IDENTIFIER FOR POLICE PATROL VEHICLE (Must baopedfiedj INC K05 ENGINE BLOCK HEATER $66�00 NCiH TRANSFER CASE, ACTIVE, 2'SPEEUELECTRONIC AUT0TRACwith INC rotary controls, includes neutral position for dinghy towing (Requires 4WD model, Included with (&C1)Police Vehicle, (5VV4)Special Service Vehicle and (NHT) Maximum Tnai|ehngPookaga.) NZZ FRONT UNOERBODYSHIELD (Requires 4WD models and aFleet n, INC Government sales order type. Included with (0C1)Police Vehicle or (5VY4)Speciw| Service Vehicle.) K46 BATTERY, AUXILIARY, 73OCCA INC POWER SUPPLY, 10U`AMP.AUXILIARY BATTERY, REAR INC ELECTRICAL CENTER (Included and only available with (QC1)Police Vehicle or(5YV4) Special Service Vehicle on|yj POWER SUPPLY, 5O`AKXP.POWER SUPPLY, AUXILIARY BATTERY INC passenger compartment wiring harness (Included and only available with (QC1)Police Vehicle or(5W4)Special Service Vehicle nok/] POWER SUPPLY, 120`AKXP.(4)3U+\MPCIRCUIT, PRIMARY INC BATTERY relay controlled, passenger compartment harness wiring (included and only available with (QC1)Police Vehicle or(5VV4)Special Service Vehicle only.) KVV7 ALTERNATOR, 17UAMPS, HIGH OUTPUT (Included and only available INC with (QCI)Police Vehicle or(5YV4)Special Service Vehicle on|y.) V78 RECOVERY HOOKS, 2FRONT, FRAME'MOUNTED.BLACK (Standard $44�00 on4WD Commercial models, Available on2VVD.Police and Special Service models, Required an all models going to Alaska, Guam, Hawaii Puerto Rico and Virgin |dandsj Report content ixbased oncurrent data version referenced. Any performance -related calculations are offered solely ex guidelines. Actual unit performance will depend onyour operating conditions. GK4Au\oBunk.Data Version: 472.0.Data updated 1/3/2017 ��Copyright 1A80'2012Chrome Data Solutions, LP. All rights reserved. Prepared For; GREGMALMQU|ST LAKE ELK80FIRE 351OLAVERNEAVE N LAKE ELMC\yNN 55042 Phone: (651)775-1137 Prepared By: 8(}B[/HARA MIKE MOTORS 908ESHER/DANST ELY.yNN 55731 Phone: (218)348'8955 Fax: (218)263'7578 Email: nwqhmro01@aoicom 2016 F|eeKNOO-Rpta'\Chevrolet Tahoe 4WD 4dFCommercial CK157OA SELECTED MODEL & OPTIONS SELECTED OPTIONS '20i8F|eot/Npn'RetaQCK157D84WD 4drCommercial CATEGORY Code Description ADDITIONAL EQUIPMENT RyW7 WHEEL, 1T^X8^(432CMX2U.3CM) FULLS|ZE.STEEL SPARE includes P2O5860R17V-ratedtire (Included and only available with (AC1) Police Vehicle.) LUGGAGE RACK, DELETE (Included and only available with (8C1) Police Vehicle or(5VV4)Special Service Vehicle onlyj 9G8 HEADLAMPS, DAYTIME RUNNING LAMPS AND AUTOMATIC HEADLAMP CONTROL DELETE deletes standard Daytime Running Lamps and automatic headlamp control features from the vehicle for police stealth surveillance (Requires (QC1)Police Vehicle or(5VV4) Special Service Vehicle.) 0J7 FLASHER SYSTEM, HEADLAMP AND TA|LLAK4P.DRLCOMPATIBLE with control wire (Requires (SC1)Police Vehicle or(5VV4)Special Service Vehicle.) EXTERIOR ORNAMENTATION DELETE (Included and only available with (8C1)Police Vehicle or(5VV4)Special Service Vehicle on|y.) 0J3 WIRING, GRILLE LAMPS AND SIREN SPEAKERS (Requires (QC1) Police Vehicle or(5W4)Special Service Vehidaj 04 WIRING, HORN AND SIREN CIRCUIT (Requires (SC1)Police Vehicle or (5VV4)Special Service Veh|da.) DOOR HANDLES, BODY -COLOR (Included and only available with (QC1)Police Vehicle or(5VY4)Special Service Vehicle on|y) UN0 RADIO SUPPRESSION PACKAGE, WITH GROUND STRAPS (included and only available with (AC1)Police Vehicle or(5VV4)Special Service Vehicle.) ATD SEAT DELETE, THIRD ROW PASSENGER (Deletes rear storage oumpartmenC)(Included with (0C1)Police Vehicle nr(5VV4)Special Service Veh)o|ej°CRED|T^ B30 FLOOR COVERING, COLOR -KEYED CARPETING B58 FLOOR MATS, COLOR -KEYED CARPETED FIRST AND SECOND ROW, REMOVABLE (Included and only available with (B30)color-keyed carpeting, floor oovmhng.) Report content iabased oncurrent data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend onyour operating conditions. GMAu0z8uok. Data Version: 472.0. Data updated 1/3/2017 Copyright 108O-2012Chrome Data Solutions, LP. All rights reserved, Customer File'. Januory1A. 20179:47:38P/N Page \NC INC INC INC Prepared For: GREGK8ALK4QU|ST LAKE ELMOFIRE 351ULAVERNEAVE N LAKE ELK4O.[NN 55042 Phone: (651)775-1137 Prepared By: 8OB0'HARA MIKE MOTORS 908ESHER|DANST ELY.h1N 55731 Phone: (210)349'8955 Fox: (218)203'7576 Email: nwohons01@aoiuom 2O1RF|eeKNOn-Ret@'|Chevrolet Tahoe 4WD 4dr Commercial C4C157O6 SELECTED MODEL & OPTIONS ' SELECTED OPTIONS '2U10FleeVNmn-Retai|CK157O64WD 4drCommercial CATEGORY Code Qe5chpbon ADDITIONAL EQUIPMENT INSTRUMENTATION, ANALOG with certified 14Omph speedometer, odometer with trip odumoter, engine hour meter, fuel |ovo|, vo|Uneter, engine temperature, oil pressure and tachometer (Included and only available with (AC1)Police Vehicle or(5VV4)Special Service Vehicle only.) BTV REMOTE VEHICLE START KEY, 2'S|DED(Included and only available with (AC1)Police Vehicle or (5VY4)Special Service Vehicle on|yj THEFT -DETERRENT SYSTEM, VEHICLE, PASS -KEY III (Included and only available with (0C1)Police Vehicle or(5VV4)Special Service Vehicle only,) POWER OUTLETS, 4AUXILIARY, 12-VY)LTincludes 1onthe instrument panel, 1 in armrest, and inthe cargo area (Included and only available with (9C1)Police Vehicle or(5VV4)Special Service Vohiu|e.) R9Y FLEET FREE MAINTENANCE CREDIT This option code provides a credit inlieu ofthe free oil changes, tire rotations and inspections (2 maximum).during the first 24months and 24.UOOmiles period for this ordered vehicle. The invoice will detail the applicable credit. The customer will beresponsible for all oil change, tire rotations and inspections costs for this vehicle. (Requires one nfthe following Fleet nr Government order types: FGC.FBN.FCA.FCm.FLS.FNR.FRCorFGO. Not available with FDRorder 1ypoo.) BID ASSISTANCE Authorization code: 0755075 SPECIAL EQUIPMENT OPTIONS 5T5 SEATS, 2NDAND 3RDROW VINYL WITH FRONT CLOTH SEATS Provides vinyl second and third row seats and cloth front seats (Requires interior trim (HOU)Jet Black and RPO(AZ3)front 4O/20/4Bsplit-bench VQZ INC $2O4�OO INC INC INC '$O/]0O/}O Report content isbased oncurrent data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend onyour operating conditions. GM Au<oBook, Data Version: 472.0. Data updated 1/3/2017 @ Copyright 108G'2R12Chrome Data Solutions, LP. All rights reserved. Customer File: January 19. 20179:47:38PM Page 6 Prepared For: GREGMALM(3U|ST LAKE ELPNOFIRE 351ULAVERNEAVE N LAKEELMO. MN 55042 Phone (051)775'1137 Prepared By: BOBO'HAP0A MIKE MOTORS 908ESHER|DANST ELY.MN 55731 Phone: (218)340'8955 Fax: (218)203'7576 Email: rwohara0l@aol.com 2016 F|opt/WOD-Ret@'|Chevrolet Tahoe 4WD /1drCommercial CK157OA SELECTED MODEL & OPTIONS SELECTED OPTIONS - 2016 Fleet/Non-Retail CK15706 4WD 4dr Commercial CATEGORY Code Desc,iDtion SPECIAL EQUIPMENT OPTIONS 9U2 SEATS, DRIVER AND PASSENGER FRONT INDIVIDUAL SEATS |N CLOTH TRIM Power driver and passenger bucket seats iobase cloth trim, Derived from RPO(A33)4U'2O'4Osplit bench seat with the 2O% section removed. Does not include afloor console. All exposed floor area will remain untrimmed. (Requires (AZ3)4O/2O/40split bench seat, trim code (H0U)Jet Black o|oth.) UT{l CONTENT THEFT ALARM DISABLE yPV SHIP THRU.PRODUCED |NARL|NGTONASSEMBLY and shipped tu Kerr Industries and onto Arlington Assembly OPTIONS TOTAL $O/]0 $8,80 INC -$1D.89477 Report content isbased oncurrent data version referenced, Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend onyour operating conditions. GK8AuhoBook. Data Version: 472.0. Data updated 1/3/2017 @ Copyright 1Q8O'2O12Chrome Data Solutions, LP. All rights reserved. Customer File: January10. 20179:47�38PK8 Page Prepared For: GREGMALMQU|ST LAKE ELMOFIRE 351ULAVERNEAVE N LAKE ELM0.yNN 55042 Phone: (051)775'1137 Prepared By: BUBO'HARA MIKE MOTORS 808ESHER|DANST ELY.y@N 55731 Phone: (218)349'8955 Fax: (218)203'7576 Email: nwohana01@mol.com 2O1AF|eet/NoD-Retn'|Chevrolet Tahoe 4WD 4drCommercial CK1570A ���������EQUIPMENT STANDARD . ...~�. .. .~~ ' STANDARD EQUIPMENT '201GF|eet/Nun'Rwtai|CN]570G4WD 4drCommercial ENTERTAINMENT ~ Audio system, AM/FM stereo with CID player and auxiliary input jack includes USB port ° Audio system feature, single -slot CD/K4P3player ° Audio system kaatun*. d'opeakeroystom ° SiriusX/N Satellite Radio, delete ° Bluetooth for phone personal cell phone connectivity to vehicle audio system ° OoStarwith 4GLTEand built-in VVi'FihcxopotNconnect tothe inbarnot at4GLTEspeeds, includes 3GBor3 monthnDnStarOetaTha|(whiohevercomenDrs|)(Reqviroo(UE1)OnStarGuidanoep|an.Avai|ob|o4GLTEVVi'Fi requires compatible mobile device, active OnStar subscription and data plan after trial) EXTERIOR " Wheels, 17^x8^(43.2cmx2O.3cm) painted steel m Tinan. P285/70R17eU-tornain. h|aokwaU • Tire, spare P26B7UR17a|l-00000n.b|ackwaU ° Wheel, full-size spare, 17^(43.2cm) steel ° Tire carrier, lockable outside spare, winch -type mounted under frame at rear ° Fascia, front body -color ° Fascia, rear color -keyed ° Assist steps, Black (Deleted when (RVQ) Assist step kit. B|ack. LPO or(VXH)Assist step kit, Chnumo. LPO are ordered,) ° Daytime Running Lamps, with automatic exterior lamp control ° Mirrors, outside heated power -adjustable, manual -folding and color keyed driver mirror includes spotter mirror ° Glass, deep -tinted (With (9C1) Police Vehicle or (5W4) Special Service Vehicle includes all windows, except light- tintedg|acoonwindxhie|danddriver'andhnntpaoxengor-oideg|aou) ° Wipers, front intermittent, Rainaenoa ° Wiper, rear intermittent with washer ° LiftQa0a.rear manual Report content isbased oncurrent data version referenced. Any performance -related calculations are offered solely as guidelines, Actual unit performance will depend onyour operating conditions. GyWAu0mBook.Data Version: 472.0.Data updated 1/3/2O17 Copyright 1Q8O'2U12Chrome Data Solutions, LP. All rights reserved. Customer File: January 19. 20179:47:38PM Page 8 Prepared For: GREGMALMOU|ST LAKE ELNiOFIRE 351OLAVERNEAVE N LAKE EL[WO.K4N 55042 Prepared By: 8OBO'HARA MIKE MOTORS 908E8HER|DANST ELY.[NN 55731 Phone: (218)349'8955 Fax: (218)283-7576 Email: rwohara0l@aol.com 2016 Fleet/Non-Retail Chevrolet Tahoe 4WD 4dr Cn[OOl8[C'@| CK15706 STANDARD EQUIPMENT - INTERIOR ° Seating, front 40/20/40 split -bench, 3-passenger includes 6-way power driver and 2-way front passenger seat adjuster, driver and front passenger power lumbar control and power reclining, center fold -down armrest with storage, storage compartments in seat cushion (includes auxiliary power outlet), adjustable outboard head restraints and storage pockets (With vinyl, does not include (AGII) Driver 6-way power seat adjuster or (AG2) Front passenger O'vvaypower adiusoarj ° Seat trim, cloth ~ Seat adjuster, driver power, multidirectional (Included and only available with (AZ3) 40/20/40 split -bench front seat,) ° Seat adjuster, front passenger 0+waypower ° Seats, second row 6O#Osplit-folding bench, manual ° S*at, third row manual 60/40 split -folding bench, hu|d 0a\ ° Floor covering, Black rubberized -vinyl ^ Steering column, Tilt -Wheel ° Steering wheel, urethane ~ Steering wheel contm|n, mounted cruise controls ° Display, driver instrument information enhanced, one color ~ Warning tones headlamp on, key-in'ign|hon, driver and right -front passenger safety belt unfasten and turn signal on ° Door locks, power programmable with lockout protection (With (9C1) Police Vehicle or (5W4) Special Service Vehicle, Auto Lockout iodisabled onDriver door.) ° Remote Keyless Entry, extended -range ° VVindm*o, power, with Express -Down and Express -Up on front doors and lock out features ° Cruise control, electronic with set and resume speed ° Climate control, tri-zone automatic with individual climate settings for driver, right -front passenger and rear passengers (With (9C1) Police Vehicle or (5W4) Special Service Vehicle, includes dual -zone automatic, front and rear air conditioning electronic controls) ~ Defogger, rear -window electric • Power outlet, 11 0-volt Report content inbased oncurrent data version referenced, Aoyporfu calculations are offered solely aa guidelines. Actual unit performance will depend onyour operating conditions. GMAutoBook. Data Version: 472.0. Data updated 1/5/2017 @Copyright 1988-2012 Chrome Data Su|uUone, LP. All hQh10 reserved. Customer File: January1Q. 20179:47:38PyN Page 9 Prepared For: 6REGMALMOU|ST LAKE ELK4OFIRE 351OLAVERNEAVE N LAKE ELK4O.MN 55042 Prepared By: 8OB01HAR4 MIKE MOTORS 988ESHER|DANST ELY.MN 55731 Phone: (218)349-8855 Fax: (218)263'7578 Email: rwohara0l@aol,com 201AF|8ef/yJOO-Reta'|Chevrolet Tahoe 4WD 4d[Commercial CK157MH ��������EQUIPMENT STANDARD ' .' .~_. .. .~� STANDARD EQUIPMENT -2O16FleeUNon'Retai|CK1S7OG4WD 4drCommercial ° Mirror, inside rearview manual day/night ° Conversation mirror ° Assist hand|ee, all soots (With (9C1) Police Vehicle or(5VV4)Special Service Vehicle, front passenger assist handle ioremoved when (7X7)Spot lamps are ondonadj ° Lighting, interior with dome light, driver- and passenger -side door switch with delayed entry feature, cargo lights, door handle or Remote Keyless Entry -activated illuminated entry and map lights in front and second seat positions. With (9C1) Police Vehicle or (5W4) Special Service Vehicle, interior lighting includes dome light, cargo lights, door handle or Remote Keyless Entry -activated illuminated entry and map lights in front and second seat positions ° Cargo management system ° Cargo net ° OnStar Basic plan for 5 years including limited RemoteLink mobile app services, Advanced Diagnostics and Dealer Maintenance Notification (Basic Plan available for 5 years from the data of vehicle da|ivery, and is transferable. Does not include Emergency, Security orNavigation aewiuen.) Report content isbased oncurrent data version referenced. Any performance -related calculations are offered solely ac guidelines. Actual unit performance will depend onyour operating conditions, GMAukoBooh. Data Version: 472.0, Data updated 1/3/2017 @Copyright 1988'2012 Chrome Data So|uhono, LP. All rights reserved. Customer File: Januory1Q, 20179A7:38Pk8 Page 10 Prepared For: GREGMALMOU|3T LAKE ELyN0FIRE 3510 LAVERNE AVE N LAKE ELyNO.yNN 55042 Phone (551)775'1137 Prepared By: BOBO1HAR4 MIKE MOTORS 908ESHER|Q4NST ELY.k0N 55731 Phone: (218)340'8955 Fax: (218)203'7576 Email: rwohara0l@aol.com 2M1GF/BeH00D-Retn'|Chevrolet Tahoe 4WD /1drCommercial CK157O6 STANDARD EQUIPMENT MECHANICAL ° Engine, 5.3L EcoTec3 V8 with Active Fuel Management, Direct Injection and Variable Valve Timing includes aluminum block construction (355hp[265kW] @5SO0rpm, 383|b-ftoftorque [518N-n]@41OOrpm) ° Transmission, 6-speed automatic, electronically controlled with overdrive and tow/haul mode ° Rear axle, 3.O8ratio (Not available with (NHT)Max Trai/ehngPaukage.) ° Suspension Package, Premium Smooth Ride (Not available with (NHT) Max TmUmhng Package.) °G\8WK.73UO|ba.(3311kg) (Requires 4WD modoi) ° E85F|oxFue|capable ° Transfer case, oobve, single -speed, electronic Autotroowhh rotary oontvn|o, does not include neutral. Cannot be dinghy towed (Requires 4WD model. Not available with (NHT) Max Trailering Package.) ° Differential, heavy-duty locking rear °4-whee|drive ° Air cleaner, high -capacity ~ Cooling, external engine oil cooler, heavy-duty air -to -oil integral to driver side of radiator (With (gCl) Police Vehicle or (5W4) Special Service Vehicle includes heavy-duty oil -to -coolant integral to driver -side of radiator.) ~ Cooling, auxiliary transmission oil cooler, heavy-duty air-to'oi/ ° Battery, 720 cold -cranking amps with 80 amp hour rating ° Alternator, 150omps ° Trailering equipment includes trailering hitch platform, 7-wire harness with independent fused trailering circuits mated toe7+vaysealed connector and 2"traUeringreceiver ° Recovery hooks, 2front, hame'mounimd.Black ~ Suspension, front ooi|'uver'shoukwith stabilizer bar ° Suspension, rear multi -link with coil springs ° Steering, power Report content is based mcurrent data version referenced. Any performance -related calculations are offered solely oo 8um*y/nen Actual unit performance will depend onyour operating conditions. GMAuto8ouk.Data Version: 472.O.Data updated 1/3/2017 @ Copyright 1Q86'2012Chrome Data Solutions, LP. All rights reserved. Customer File: January1Q. 20179:47:38PK4 Page 11 Prepared For: GREGMALMOU|ST LAKE ELMOFIRE 3510 LAVERNE AVE N LAKE ELK8O.0N 55042 Phone: (051)775'1137 Prepared By: 8OBCYHARA MIKE MOTORS 908ESHER|DAN8T ELY.MN 55731 Phone: (218)349-8055 Fax: (218)263'7570 Email: rwohara0l@aol.com 2016 F|e=KhJOn_Rpta'|Chevrolet Tahoe 4WD 4d[Commercial CK157DA ���������� � �....~~_....~_~-.~~'.. ..'~~.~. STANDARD EQUIPMENT '201G Fleet/Non-Retail CK15706 4WD 4drCommercia| ° Brakes, 4+whmelandbck.4+*heeldisc, VAC power ° StabiliTrak, stability control system with brake assist, includes traction control • Air baAs, frontal and side -impact for driver and front passenger and head curtain side -impact for all novvn in outboard seating positions (Included and only available with (AZ3) 40/20/40 split -bench front seat. With (9C1) Police Vehicle or(5YV4)Special Service Vehicle requires (AZ3)40/204Osplit-bench front seat and (OU3)3EOfront center seat (20% seat) delete. Always use safety belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.) • Automatic Occupant Sensing System sensor indicator inflatable restraint, front passenger/child presence detector ° OnStar Guidance Plan for 6 months including Automatic Crash Response, Stolen Vehicle Assistance, Roadside Assistance, Turn -by -Turn Navigation, Advanced Diagnostics and more (trial excludes Hands -Free Calling) (Visit www,onstar.com for coverage map, details and system limitations. Services may vary by model and conditions.) ° Rear Park Assist with audible warning ° Rear Vision Camera ° LATCH system (Lower Anchors and Top tethers for Children), for child safety seats; lower anchors and top tethers located in all second row seating positions, top tethers located in third row seating positions ° Tire Pressure Monitor System air pressure sensors in each tire with pressure display in Driver Information Center ° Theft deterrent, electrical, unauthorized entry Report content isbased nncurrent data version referenced. Any performance -related calculations are offered solely ao guidelines, Actual unit performance will depend onyour operating conditions, GK4AutoBook. Data Version: 472.0. Data updated 1B/2017 Copyright 1Q88'2O12Chrome Data Solutions, LP. All rights reserved. Customer File: Jonuary10. 20179:47:38PM Page 12 Prepared For: GREGK8ALMOU|ST LAKE ELK1OFIRE 3510 LAVERNE AVE N LAKE ELMO.MN 55042 Prepared By: BOBC'HARA MIKE MOTORS 908ESHER|DANST ELY.[WN 55731 Phone: (218)340-8955 Fax: (218)203'7576 Email: nwuhana01@ao,uom 2017F|8et/NOO-Ret@'|Chevrolet Tahoe 4WD 4drCommercial CK157MA PRICING SUMMARY PRICING SUMMARY '2V17Reet/Non-letai|CN157AG4WD 4drCommercial Base Price Total Options: Vehicle Subtotal Advert/Adjustments Destination Charge GRAND TOTAL V02 $45,695.66 '$Q.8242T $35,871.29 $0.00 $1,195.00 $37,066.29 Report content inbased oncurrent data version referenced. Any perform anoe'ndatedcalculations are offered solely as guidelines. Actual unit performance will depend onyour operating conditions. G[WAutoBook. Data Version: 472.0, Data updated 1/3/2017 Copyright 1980'2012 Chrome Data Solutions, LP, All rights reserved. Customer File: Prepared For: GREG MALMQUIST LAKE ELMO FIRE 3510 LAVERNE AVE N LAKE ELMO, MN 55042 Phone: (651) 775-1137 Prepared By: BOB O'HARA MIKE MOTORS 908 E SHERIDAN ST ELY, MN 55731 Phone: (218) 349-8955 Fax: (218) 263-7576 Email: rwohara01@aol.com 2017 Fleet/Non-Retail Chevrolet Tahoe 4WD 4dr Commercial CK15706 SELECTED MODEL & OPTIONS SELECTED MODEL - 2017 Fleet/Non-Retail CK15706 4WD 4dr Commercial Code Description CK15706 2017 Chevrolet Tahoe 4WD 4dr Commercial SELECTED VEHICLE COLORS - 2017 Fleet/Non-Retail CK15706 4WD 4dr Co Code Description Interior: No color has been selected. Exterior 1: No color has been selected. Exterior 2: No color has been selected. SELECTED OPTIONS - 2017 Fleet/Non-Retail CK15706 4WD 4dr Commercial CATEGORY Code Description SUSPENSION PKG ercial V_Q2 $45,695.66 Z56 SUSPENSION, HEAVY-DUTY, POLICE -RATED front, independent INC torsion bar, and stabilizer bar and rear, multi -link with coil springs (Included and only available with (9C1) Police Vehicle only.) EMISSIONS FE9 EMISSIONS, FEDERAL REQUIREMENTS $0.00 ENGINE L83 ENGINE, 5.3L ECOTEC3 V8 WITH ACTIVE FUEL MANAGEMENT, $0.00 DIRECT INJECTION AND VARIABLE VALVE TIMING includes aluminum block construction (355 hp [265 kW] @ 5600 rpm, 383 lb-ft of torque [518 N-m] @ 4100 rpm) (STD) TRANSMISSION MYC TRANSMISSION, 6-SPEED AUTOMATIC, ELECTRONICALLY $0.00 CONTROLLED with overdrive and tow/haul mode (STD) AXLE GU4 REAR AXLE, 3.08 RATIO (Not available with (NHT) Max Trailering $0.00 Package.) Report content is based on current data version referenced, Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 472.0, Data updated 1/3/2017 © Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. Customer File: January 19, 2017 9:50:51 PM Page 2 Prepared For: GREGMALMDU|ST LAKE ELMOFIRE 351OLAVERNEAVE N LAKEELMQ. MN 55042 Phone: (851)775-1137 Prepared By: BDBO'HARA MIKE MOTORS 908ESHER|DANST ELY.K8N 55731 Phone: (218)349'8955 Fax: (218)283'7576 Email: nwobara01@aN.com 2O17F|eet/yJ0D-Rpba'|Chevrolet Tahoe 4WD 4drCommercial CN'157OA SELECTED MODEL & OPTIONS SELECTED OPTIONS '2O17 Fleet/Non-Retail CK157UG4WD 4drCommercial CATEGORY Code Description PREFERRED EQUIPMENT GROUP 1FL COMMERCIAL PREFERRED EQUIPMENT GROUP Includes Standard Equipment VVHEELTYPE U5U WHEELS, 17^X8"(412CMX2O3CM) BRIGHT MACHINED ALUMINUM includes (RyW7)17^x8^(43.2onx2O.8cm) hu|l-xbe.steel spare (Requires (9C1) Police Vehicle.) TIRES QAR TIRES, P205/6UR17ALLSEASON.POLICE, V'RATED(Included and only available with (9C1) Police Vehicle.) SPARE TIRE ZAK TIRE, SPARE, P2O5/60R17ALL-SEASON.POLICE, V4RATEO(Included and only available with (0C1)Police Vohidej PAINT SCHEME ZY1 PAINT SCHEME, SOLID APPLICATION PAINT GBA BLACK SEAT TYPE AZ3 SEATING, FRONT 402D/4USPL|T-BENCH.3'PASSENGERincludes 8' vveypowerdriveraod2vvayfrontpassmngorseotacUu*1or.drivorand front passenger power lumbar control and power reclining, center fold - down armrest with storage (includes auxiliary power outlet, USB port and input jack for audio oystom).storage compartments inseat cushion, adjustable outboard head restraints and storage pockets (With vinyl, does not include (AG1)Driver 8-waypower seat adjuster or(AG2)Front passenger 8-wmypower acUusterj(STO) SEAT TRIM HOU JET BLACK, CLOTH SEAT TRIM RADIO |[D AUDIO SYSTEM, AMIFMSTEREO WITH CID PLAYER AND AUXILIARY INPUT JACK includes USB port (STD) $440.00 INC INC $0,00 Report content isbased oncurrent data version referenced. Any performance -related calculations are offered solely aa guidelines. Actual unit performance will depend onyour operating conditions. GKJAutoBouk. Data Version: 472.0' Data updated 1/3/2017 Copyright 1AOO'2O12Chrome Data Solutions, LIP, All rights reserved. Customer File: Jenuary18. 20179:50:51 PM Page 3 Prepared For: GREGMALMOU|ST LAKE EUNDFIRE 351OLAVERNEAVE N LAKE ELM0.MN 55042 Phone: (051)775-1137 Prepared By: BOB [7HARA MIKE MOTORS 908E SHER|DAN ST ELY.MN 55731 Phone: (218)349-8955 Fax: (218)283'7570 Email: rwohara0l@aol.com 2D17F|eeKyJOO-Rpta'|Chevrolet Tahoe 4WD 4d[Commercial CK1570A SELECTED MODEL OPTIONS ' SELECTED OPTIONS '2D17FleoUNon-RntaUCN1S70G4WD 4drCommercial CATEGORY C-Qbu Oomc,ipfion GVWR C5Y 8\8mR.71UULB8.(3221 KG) (4VVUmodels only. Included and only available with (AC1)Police Vehio|e.) ADDITIONAL EQUIPMENT 9C1 IDENTIFIER FOR POLICE PATROL VEHICLE includes, (K47)high- capacity e|ro|eaner.(KVV7)170amphighoutputa|k*/natur.(K4B)730 cold -cranking amps auxiliary bathery, m|eoiriva| power & vehicle signals for customer connection located aKthe center front floor. Auxiliary battery circuit for customer connection located inthe rear cargo area, (Um9) radio suppression package, (Z58)heavy'du1y.police-rated suspension, front independent torsion bar, and stabilizer bar and rear, mu|d|inkwith coil springs, (QAR)P2G5/G0R17uU'season.v-natedtires, (ZAK) P205/0OR17eU'xoaxvn.\cnytedspare tire, Police brakes, (NZZ) uoderbodyshield, (RAP)Black steel wheels w/bo|toncenter caps, Certified speedometer, delete roof rails, (ATD)third row seat delete, (NOH)active 2'speedtransfer case (4VVOon|y).°CRED|T~ _ CAPLESSFUEL FILL (Included and only available with (QC1)Police Vehicle or(5VV4)Special Service Vehicle on|y.) K05 ENGINE BLOCK HEATER NOH TRANSFER CASE, ACTIVE, 2'SPEEDELECTRONIC AUTOTRACwith rotary controls, includes neutral position for dinghy towing (Requires 4WD model, Included with (0C1)Police Vehicle, (5VV4)Special Service Vehicle and (NHT)Maximum Tnai|ehnQPookagej NZZ SKID PLATE PACKAGE (Requires 4WD models and aFleet or Government sales order type. Included with (QC1)Police Vehicle or (5VV4)Special Service Vehidoj x4B BATTERY, AUXILIARY, 73OCCA POWER SUPPLY, 1O0'AMP.AUXILIARY BATTERY, REAR ELECTRICAL CENTER (included and only available with (SC1)Police Vehicle or(5VV4)Special Service Vehicle on|y.) INC INC $88.00 INC INC INC INC Report content isbased oncurrent data version referenced. Any perform anoe'na|atedcalculations are offered solely an guidelines. Actual unit performance will depend onyour operating conditions. GN1AuVuBook. Data Version: 472.0. Data updated 1/3/2017 Copyright 1980'2812 Chrome Data Solutions, LP. All rights reserved. Customer File: Januury1A. 20179:50:51 PM PeQa 4 Prepared For: GREGMALMOU|ST LAKE ELMOFIRE 3510LAVERNEAVE N LAKE ELMO.MN 55042 Prepared By: BO8[YHARA MIKE MOTORS 008ESHER|DANST ELY.K8N 55731 Phone: (218)340'8055 Fax: (218)263'7576 Email: rwohara0l@aol.com 2017 Fleet/Non-Retail Chevrolet Tahoe 4WD /1H[[!OOlO0erc'@| CK15706 SELECTED MODEL & OPTIONS SELECTED OPTIONS '2017F|wwt/Non'Retai|CK157UG4WD 4drCommercial CATEGORY Code Description ADDITIONAL EQUIPMENT POWER SUPPLY, 50`AMP, POWER SUPPLY, AUXILIARY BATTERY passenger compartment wiring harness (Included and only available with (9C1) Police Vehicle or(5VV4) Special Service Vehicle only.) POWER SUPPLY, 120'AK8P. (4)30,AMP CIRCUIT, PRIMARY BATTERY relay controlled, passenger compartment harness wiring (Included and only available with (9C1)Police Vehicle or(5VV4)Special Service Vehicle on|y.) KVV7 ALTERNATOR, 170AkiPS. HIGH OUTPUT (included and only available with (SC1)Police Vehicle or(5VV4)Special Service Vehicle on|yj V76 RECOVERY HOOKS, 2 FRONT, FRAME -MOUNTED, BLACK (Standard on 4VVb Commercial models. Available on %VVD. Police and Special Service models. Required onall models going toAlaska, Guam, Hawaii, Puerto Rico and Virgin Islands. All Tahoe (0C1)and (5VV4)vehicles include front fascia with recovery hook openingo.) R/N7 WHEEL, 17''X8" (43.2 CM X2O.3 CM) FULL-SIZE, STEEL SPARE includes P205/00R17\cra$»dtire (Included and only available with (AC1) Police Vehicle.) LUGGAGE RACK, DELETE (Included and only available with (QC1) Police Vehicle cv(5VV4)Special Service Vehicle nn|y.) 0J7 FLASHER SYSTEM, HEADLAMP AND TA|LLAMP.DRLCOMPATIBLE with control wire (Requires (QC1) Police Vehicle or(5VV4) Special Service Vehicle.) EXTERIOR ORNAMENTATION DELETE (Included and only available with (9C1)Police Vehicle or(5VV4)Special Service Vehicle on|yj 6J3 VV|R|NC, GRILLE LAMPS AND SIREN SPEAKERS (Requineo(QC1) Police Vehicle or(5VV4)Special Service Vohidej 6J4 VV|R|NG, HORN AND SIREN CIRCUIT (Requires (QC1)Police Vehicle or (5VV4) Special Service Vehicle,) O0DR HANDLES, BOOY'COLOR(|no|uded and only available with INC INC INC INC INC $8O�9G $36.08 INC Report content |sbased oncurrent data version referenced. Any performance -related calculations are offered solely as guidelines, Actual unit performance will depend onyour operating conditions. GW1AotoBook. Data Version: 472.0. Data updated 1/3/2017 V5Copyright 1Q80'2012Chrome Data Solutions, LP. All rights reserved. Customer File: January 19. 20170:50:51 PM Page 5 Prepared For: GREG MALMOU|ST LAKE ELK1OFIRE 3510 LAVERNE AVE N LAKE ELK4U.MN 55042 Prepared By: BOBC/HARA MIKE MOTORS 908ESHER|DANST ELY.MN 55731 Phone: (218)349'8855 Fax: (210253-7570 Email: nmohare01@anicom 2017F|8et/NoD-Reta'|Chevrolet Tahoe 4WD 4dr Commercial CK157DA SELECTED MODEL & OPTIONS SELECTED OPTIONS - 2017 Fleet/Non-Retail CK15706 4WD 4dr Commercial CATEGORY Code Description ADDITIONAL EQUIPMENT UNA RADIO SUPPRESSION PACKAGE, WITH GROUND STRAPS (Included and only available with (AC1)Police Vehicle or(5VV4)Special Service Vehicle.) ATD SEAT DELETE, THIRD RUVV PASSENGER (Deletes rear storage compartmmnL)(Included with (0C1)Police Vehicle or(5VV4)Special Service Vehin|e.)°CRED|T~ B30 FLOOR COVER]NG, COLOR -KEYED CARPETING 658 FLOOR MAJ3, COLOR -KEYED CARPETED FIRST AND SECOND ROW, REMOVABLE (Included and only available with (B30) color -keyed carpeting, floor rovehngj ___ INSTRUMENTATION, ANALOG with certified 14Umph speedometer, odometer with trip odometer, engine hour meter, fuel level, voltmeter, engine temperature, oil pressure and tachometer (Included and only available with (BC1)Police Vehicle or(5VV4)Special Service Vehicle only.) 8TV REMOTE VEHICLE START KEY, 2'S|DED(Included and only available with (SC1)Police Vehicle or (5VV4) Special Somioo Vehicle only.) THEFT -DETERRENT SYSTEK4, VEH|CLE, PASS -KEY U| (Included and only available with (QC1)Police Vehicle or(5VV4)Special Service Vehicle only.) POWER OUTLETS, 4AUX|L|ARY. 124OLTinc|udes 1 on the instrument panel, 1 in annnanL, and 2inthe cargo area (Included and only available with (9C1) Police Vehicle or(5YV4) Special Service Vehicle.) 9G8 HEADLAMPS, DAYTIME RUNNING LAMPS AND AUTOMATIC HEADLAMP CONTROL DELETE do|e1mo standard Daytime Running Lamps and automatic headlamp control features from the vehicle for police stealth surveillance (Requires (QC1)Police Vehicle or(5VV4) ial Service Vehicle.) INC $167.20 $0.00 INC $26410 INC INC INC Report content isbased oncurrent data version referenced. Any performance -related calculations are offered solely an guidelines. Actual unit performance will depend onyour operating conditions. G/WAutoBook. Data Version: 472.0' Data updated 1%3/2017 @ Copyright 1080'2O12Chrome Data Solutions, LP, All rights reserved. Customer File: Jenuary1Q' 20179:50:51 PM Page 6 Prepared For: GREGMALMOU|ST LAKE ELMOFIRE 351OLAVERNEAVE N LAKE ELMO,MN 55042 Prepared By: B0B[YHARA MIKE MOTORS 908ESHER|DANST ELY.K1N 55731 Phone: (218)340-055 Fax: (218)203'7570 Email: nwoham01@am|.nom 2017F|eet/hJOn-Ret`'|Chevrolet Tahoe 4WD 4dr Commercial CN157OA SELECTED MODEL & OPTIONS SELECTED OPTIONS - 2017 Fleet/Non-Retail CK15706 4WD 4dr Commercial CATEGORY Code Description ADDITIONAL EQUIPMENT R5Y FLEET FREE MAINTENANCE CREDIT This option code provides o credit inlieu ofthe free oil changes, tire rotations and inspections (2 nnmximum).during the first 24months and 24.008miles period for this ordered vehicle. The invoice will detail the applicable credit. The customer will beresponsible for all oil change, tire rotations and inspections costs for this vehicle. (Requires one ofthe following Fleet ur Government order types: FBC.FBN.FCA.FCN.FLS.FNR.FRCorFGO. Not available with FOR order types.) BID ASSISTANCE Authorization code: 8755O75 SHIP THRUCODES VPV SHIP THRU.PRODUCED |NARL|NGTONASSEMBLY and shipped to Kerr Industries and onto Arlington Assembly SPECIAL EQUIPMENT OPTIONS 5T5 SEATS, 2NDAND 3RDROW VINYL WITH FRONT CLOTH SEATS Provides vinyl second and third row seats and cloth front seats (Requires interior trim (HOU)Jet Black and RP[)(A33)front 40/2O/4Osplit-bench seat.) 9U3 SEATS, DRIVER AND PASSENGER FRONT INDIVIDUAL SEATS |N CLOTH TRIM Power driver and passenger bucket seats inbase cloth trim. Derived from RPO(AZ3)4O'20-4Usplit bench seat with the 2O% section removed which also removes the auxiliary power outlet, USBport and input jack for audio system. Does not include afloor console. All exposed floor area will remain untrimmed. (Requires (AZ3)4U/20/4Usplit bench seat, trim code (HOU)Jet Black do\hj UTO CONTENT THEFT ALARM DISABLE OPTIONS TOTAL -$5Q.41 '$7,000.QU INC $010 $0.00 $44.00 Report content ixbased oncurrent data version referenced. Any perform anoe-ne|aVedcalculations are offered solely an guidelines. Actual unit performance will depend onyour operating conditions. GyNAutoBook. Data Version: 472.0. Data updated 1/3/2017 Copyright 188G'2012Chrome Data Solutions, LP. All rights reserved. Customer File: Jonuary10. 20179:50:51 PM Page 7 Prepared For: GRE8MALMQU|ST LAKE ELK4OFIRE 351OLAVERNEAVE N LAKE ELK8O.K4N 55042 Prepared By: 80BO'HARA MIKE MOTORS 908ESHER|DANST ELY.MN 55731 Phone: (218)349'8955 Fax: (218)263'7570 Email. rwohara0l@aol.com 2O17F|e8t/NOD-Reta'|Chevrolet Tahoe 4WD 4d[Commercial CK157DA SELECTED MODEL & OPTIONS Report content isbased nncurrent data version referenoed. Any performance -related calculations are offered solely as guidelines, Actual unit performance will depend onyour operating conditions. GPNAutoBook. Data Version: 472.0. Data updated 1/3/2017 Copyright 1980'2012Chrome Data Solutions, LP, All rights reserved. Customer File: January 19. 20179:50:51 PM Page 8 Prepared For. GREGMALMQU|ST LAKE ELM0FIRE 3510 LAVERNE AVE N LAKE ELK4O.[WN 55042 Prepared By: BO8[YHARA MIKE MOTORS 908ESHER|DXNST ELY.K8N 55731 Phone: (218)340'8955 Fax: (218)263'7576 Email: rwohara0l@aol.com 2017F|eeHNOO-Reta'|Chevrolet Tahoe 4WD 4d[Commercial CK157O6 STANDARD EQUIPMENT STANDARD EQUIPMENT - 2017 Fleet/Non-Retail CK15706 4WD 4dr Commercial ENTERTAINMENT ° Audio system, AM/FM stereo with CID player and auxiliary input jack includes UO8port ° Audio system feature, single -slot C[VN1P3player ° Audio system feature, 8'xpeakaroystem ° SiriuoXK4 Satellite Radio, delete ° Bluetooth for phone personal cell phone connectivity to vehicle audio system (Bluetooth for phone is deleted when (UEU)DnStardelete isordenadj ° OnStar 4G LTE and built-in Wi-Fi hotspot connects to the Internet at 4G LTE speeds� includes OnStar Data Trial for 3 months or 3GB (whichever comes first) (Requires (UE1) OnStar Guidance plan, Visit www.onstar.com for coverage map, details and system limitations. Services vary by model, OnStar acts as a link to existing emergency nomica providers. Not all vehicles may transmit all crash data. Avai|ab|aVYi'Fi requires compatible mobile device, active OnS\arservice and data plan. Data plans provided byAT&T.) Report content isbased oncurrent data version referenced. Any performance -related calculations are offered solely au guidelines, Actual unit performance will depend onyour operating conditions. GK4Au0uBook.Data Version: 472.U.Data updated 1/3/2O17 Copyright 1986'2012 Chrome Data So|udona, LP. All rights reserved. Customer File: Junuary1A. 20170:50:51 PM Page 9 Prepared For: GREGMALMDU|ST LAKE ELMOFIRE 351OLAVERNEAVE N LAKE ELK10.K8N 55042 Prepared By: B8BC'HARA MIKE MOTORS 908ESHER|DANST ELY.K3N 55731 Phone: (218)349'8955 Fax: (218)283'7578 Email: rwohara0l@aol,com 2017 F|eeK0OD-Reta'|Chevrolet Tahoe 4WD z1d[Commercial CK1578A ����������� � _.'.'.~_....~~.-.~~~.. .~.~-.~. _ STANDARD EQUIPMENT '2017Rewt/Nmn'Retai|CK157OG4WD 4drCommercial EXTERIOR ° Wheels, 17^xO^(43.2cmx20.3cm) painted steel (Not included when (NHT)Max Trai|ehngPackage iaordoned.) ° Tires. P265/70R17aU-tenain. b|aukwaU (Not included when (NHT) [NaxTnai|ehng Package inurdanad,) ° Tire, spare P205/70R17aU'xmonun.b|aukwoU ° VVhea|. full-size spare, 17^(412cm) steel ° Tine carrier, /ookob|o outside apare, winch -type mounted under frame at near ° Active oo,nshutters, front ° Fascia, front body -color (With (9C1) Police Vehicle or (5W4) Special Service Vehicle, includes recovery hook openings, but does not include huokuj ° Fascia, rear body -color ° Assist steps, Black (Premier includes chrome accent strip) (Deleted when (RVQ)Assist step kit, B|eok. LPOor (VXH)Aoxist step kit, Chrome, LP0are ondopedj ° Mirrors, outside heated power-adju stable, manual -folding and color keyed driver mirror includes spotter mirror ° Glass, deep -tinted (With (8C1)Police Vehicle or(5VV4)Special Service Vehicle includes all windows, except light - tinted A|auuonwindnhioidanddriver-andhnntpooaonger-xidag|ans) ° Wipers, front intermittent, Rainuense ° Wiper, rear intermittent with washer ° LiftOata.rear manual Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend onyour operating conditions. GM Auto8uok, Data Version: 472.0. Data updated 1/3/2017 @Copyright 1Q88'2012Chrome Data Solutions, LP. All rights reserved, Customer File: January 19, 20179:50:51 PM Page 10 Prepared For: GREGMALMOU|ST LAKE ELMOFIRE 351OLAVERNEAVE N LAKEELMO. MN 55042 Phone: (051)775'1137 Prepared By: BUBC/HARA MIKE MOTORS 008ESHER|DANST ELY.K4N 55731 Phone: (218)349'8955 Fan: (218)283-7576 Email: nwohana01@aN.com 2017F|ept0OO-Rpta'|Chevrolet Tahoe 4WD 4d[Commercial CK157O6 STANDARD EQUiPMENT STANDARD EQUIPMENT '2O17F|emt/Non-Retoi|CN1570O4WD 4drCommercial INTERIOR ° Seating, front 40/20/40 split -bench, 3-passenger includes 6-way power driver and 2 way front passenger seat adjuster, driver and front passenger power lumbar control and power reclining, center fold -down armrest with storage (includes auxiliary power outlet, USB port and input jack for audio system), storage compartments in seat cushion, adjustable outboard head restraints and storage pockets (With vinyl, does not include (AG1) Driver 6-way power seat adjuster or(AG2)Front passenger 0+voypower udjuoter.) ° Seat trim, cloth ~ Seat adjuster, driver power, multidirectional (Included and only available with (AZ3) 40/20/40 split -bench front seat.) ° Seat adjuster, front passenger 0+woypower ° Seats, second row GO/4Usplit-folding bench, manual ° Seat, third row manual 6O/40split-folding bench, fold flat ° Floor covering, Black rubberized -vinyl ~ Steering column, Tilt -Wheel ~ Steering wheel, urethane ° Steering wheel controls, mounted cruise controls ° Driver Information Center, one -color * Warning tones heed|3mp on, key -in -ignition, driver and right -front passenger safety belt unfasten and turn signal on ° Door locks, power programmable with lockout protection and delayed locking (With (9C1) Police Vehicle or (5W4) Special Service Vehicle, Auto Lockout iudisabled onDriver door.) ~ Remote Keyless Entry, extended -range ~ Windows, power, with Express -Down and Express -Up on front doors and lock out features ° Cruise control, electronic with set and resume speed ° Climate contru|, th'zone automatic with individual climate settings for driver, right -front passenger and rear passengers (With (9C1) Police Vehicle or (5W4) Special Service Vehicle, includes dual -zone automatic, front and rear air conditioning electronic controls) ° Defogger, rear -window electric ° Power outlet, 110'vo|t Report content inbased oncurrent data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend onyour operating conditions. GyNAutoBook. Data Version: 472,0. Data updated 1/3/2017 @ Copyright lQ8G'2U12Chrome Data Solutions, LP. All rights reserved. Customer File: Jaouary10. 20179:50:51PM PaQo11 Prepared For: GREGMALM0U|ST LAKE ELM[)FIRE 351DLAVERNEAVE N LAKE ELK4O.K4N55D42 Prepared By., 8O8O'HAR MIKE MOTORS 908 E SHER|DAN 3T ELY.MN 55731 Phone: (218)349-8955 Fax: (218)263'7576 Email: mvohom01@amicum 2O17F|eSt/0DD-Ret`'|Chevrolet Tahoe 4WD 4d[Commercial CK1570S ���������� � ~.....~._....��~-~".~.. ..^.-... ' ~ Power outlets, 5auxiliary, 12-vokincludes outlets hnthe instrument panel, console, back cfconsole, 1 in3rdrow and 1 incargo area ° Mirror, inside rearview manual day/night ° Conversation mirror • Assist handles, 1 st row passenger and 2nd row outboard seats (With (9C 1) Police Vehicle or (5W4) Special Service Vehicle, 1 st row passenger assist handle is removed when (7X7) Spot lamps are ordered.) ° Lighting, interior with dome light, driver- and passenger -side door switch with delayed entry feature, cargo lights, door handle or Remote Keyless Entry -activated illuminated entry and map lights in front and second seat positions. With (9C1) Police Vehicle or (5W4) Special Service Vehicle, interior lighting includes dome light, cargo lights, door handle or Remote Keyless Entry -activated illuminated entry and map lights in front and second seat positions with control switch inthe roof console * Cargo management system ° Cargo net ~ OnStar Basic plan for 5 years includes limited vehicle mobile app features, Monthly Diagnostics Report and Dealer Maintenance Notification (Basic Plan available for 5 years from the date of vehicle delivery and is transferable. Does not include Emergency, Security orNavigation oemiuec) Report content ksbased oncurrent data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend nnyour operating conditions. GMAuhoBnok. Data Version: 472,0. Data updated 1/3y2017 OyCopyright 1Q8O'2U12Chrome Data Solutions, LIP. All rights reserved, Customer File: January1Q. 20179:50:51 PM Page 12 Prepared For: GREGMALMOU|ST LAKE ELK1DFIRE 351OLAVERNEAVE N LAKE ELMO.MN5504 Prepared By: BOB CYHARA MIKE MOTORS 908ESHE0DANGT ELY.K1N 55731 Phone: (218)349-8955 Fax: (218)283'7576 Email: rwohara0l@aol.com 2D17F|eeKK|[)n-Ret@'|Chevrolet Tahoe 4WD 4drCommercial CK157DG STANDARD EQUIPMENT - - STANDARD EQUIPMENT -2U17F|eet/Non-letai|CK157OS4WD 4drCommercial MECHANICAL ° Engine, 5.3LEcoTeo3V8with Active Fuel Management, Direct Injection and Variable Valve Timing includes aluminum block construction (355hpC2O5kW] @56UUrpm, 383|b-hnftorque [518N'm]@41OOrpm) ° Transmission, 6-speed automatic, electronically controlled with overdrive and tow/haul mode ° Rear axle, 3.08ratio (Not available with (NHT)Max Tmi|eringPankogej ° Suspension Package, Premium Smooth Ride (Not available with (NHT)Max Tr ikehngPackagoj ° GVWR.73UO|bs.(3511 kg) (Requires 4WD modoi) ° E85FlexFmdcapable ~ Transfer case, aodve, single -speed, electronic Autohaowith notary cmn\m|s, duoa not include neutral. Cannot be dinghy towed (Requires 4WD model. Not available with (NHT) Max Trai|ehnQ Package.) ° Differential, heavy-duty locking rear °4+vhoe|drive ~ Air cleaner, high -capacity • Cooling, external engine oil cooler, heavy-duty air -to -oil integral to driver side of radiator (With (9C1) Police Vehicle or (5W4) Special Service Vehicle includes heavy-duty oil -to -coolant integral to driver -side of radiator.) ° Cooling, auxiliary transmission oil cooler, heavy-duty air -to -oil ° Battery, 720 cold -cranking amps with QO amp hour rating ° Alternator, 150 amps ° TnaUehngaquipment ino|udastnai|ehng hitch p|pUbmn. 7-wire harness with independent fused t,ai|nhnQ circuits mated 0oa7+*aysealed connector and 2''tryi|eringreceiver ° Trailer sway control ° Recovery hooks, 2front, frame'mounhsd.Black ° Suspension, front oci|'ovor'ohochwith stabilizer bar ° Suspension, rear multi -link with coil springs ° Steering, power ° Hill Start Assist Report content isbased oncurrent data version referenced. Any performance -related calculations are offered solely eo guidelines. Actual unit performance will depend onyour operating conditions. G[NAuto8uok. Data Version: 472.0, Data updated 1/3/2017 @ Copyright 1QO8'2O12Chrome Data Solutions, LP. All rights reserved. Customer File: January 19. 20179:50:51 PM Page 13 Prepared For-, GREGMALMOU|ST LAKE ELK8OFIRE 351OLAVERNEAVE N LAKE ELMO.MN 55042 Prepared By: B0B[yHAR4 MIKE MOTORS 908ESHER|DANST ELY.MN 55731 Phone: (218)349'8955 Fax: (218)208-7570 Email: nwohana01@aoicom 2O17F|eeKNOD-Ret.'|Chevrolet Tahoe 4WD 4drCommercial CK1578A STANDARD EQUIPMENT - STANDARD EQUIPMENT '2O1TFleat/Non-Retai|CK157U84WD 4drCommercial SAFETY ° Brakes, 4+whoedanh|ook.4+wheo|disc, VAC power with Brake Assist ° StabUiTnyk, stability control system with brake assist, includes traction control ° Daytime Running Lamps, with automatic exterior lamp control ° Teen Driver mode a configurable feature that lets you activate custornizable vehicle settings associated with a key fob, to encourage safe driving behavior. It can limit certain vehicle features, and it prevents certain safety systems from being turned off. An in -vehicle report gives you information on your teen's driving habits and helps you to continue tocoach your new driver ~ Air bags, frontal and sidm'impao1fur driver and front passenger and head curtain side -impact for all rows in outboard seating positions (Included and only available with (AZ3) 40/20/40 split -bench front seat. With (9C1) Police Vehicle or (5W4) Special Service Vehicle requires (AZ3) 40/20/40 split -bench front seat and (9U3) SEO front center seat (20Y6 oaoU delete. Always use safety belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint, See the Owner's Manual for more information.) ° Automatic Occupant Sensing System sensor indicator inflatable pestraint, hnot passenger/child presence detector ° Door locks, rear child omoud\y ° OnStarGuidanue Plan for months, including Automatic Crash Reuponsa, Stolen Vehicle Ausistance, Roadside Assistance, Turn -by -Turn Navigation, Advanced Diagnostics and more (trial excludes Hands -Free Calling) for 6 months, including Automatic Crash Reoponne, Stolen Vehicle Assistance, Roadside Assistance, Turn -by -Turn Navigation, Advanced Diagnostics and more (trial excludes Hands -Free Calling) (Fleet orders receive a 6-month trial. Visit www.onstar.com for coverage map, details and system limitations. Services vary by model. OnStar acts as a link to existing emergency service providers. Not all vehicles may transmit all crash data,) (Retail orders receive a 3-month 1hai Visit wvmwonc1ar,conn for coverage mup, details and system limitations. Services vary by model. 0nStaracts au a link |oexisting emergency service providers. Not all vehicles may transmit all crash data) ° Rear Park Assist with audible warning ~ Rear Vision Camera ° LATCH system (Lower Anchors and Top tethers for Children), for child safety seats� lower anchors and top tethers located in all second row seating positions, top tethers located in third row seating positions ~ Tire Pressure Monitor System air pressure sensors in each tire with pressure display in Driver Information Center ° Theft deterrent, electrical, unauthorized entry Report content isbased uncurrent data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend onyour operating conditions, GM Au0oBook, Data Version: 472.0. Data updated 1/3/2017 Copyright 1986'2012 Chrome Data So|uVonn, LP. All rights reserved. Customer File: January19. 20179:50�51 P/N Page 14 labwavIr. ADVANCED GRAPHIX INC 3600 LABORE ROAD SUITE 3 VADNAIS HEIGHTS MN 55110 651•490-3221 FAX 651-490-3193 www.adyancedqraohix.com TO QUANTITY 1.00 LAKE ELMO FIRE DEPARTMENT 3510 LAVERNE AVE N LAKE ELMO, MN 55042 GREG MALMQUIST 651-770-5006 QUOTE NO: 20201062017 DATE: January 30, 2017 Gmalmquist(@lakeelmo.orq DESCRIPTION UNIT PRICE LINE TOTAL REFLECTIVE CUSTOM VINYL KIT FOR A 2017 CHEVY TAHOE 1.00 APPLY NEW GRAPHICS Comments: $ 145.00 $ 145,00 Quotation prepared by: Sally Knoche Email: sally@advancedgraphix.com To accept this quotation please sign Et date below fax back to 651-490-3193 or Email Sally Signature: Date: 75.00 75.00 THANK YOU FOR YOUR BUSINESS! SUBTOTAL $ 220.00 SALES TAX SHIPPING TOTALI $ 220.00 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC, 2755GENEV4AVE. N O4KDALE.MN 55128 )SA Voice: 851 765-2657 | Quoted To. LAKE EUNOFIRE DEPT. 3500 LAVERNEAVE. NORTH LAKE ELm0.MN 55042 Cuwtome r|D LAKE ELMOFIRE DEPT. Quantity - Item 1.00 VEHICLE @oodThm 2/9/17 1,00 274'UL821-TA 1.80 TRACER PER WIZARD 1.00 TRACER PER WIZARD 1,00 |ONR 1�00 0ND 1.00 |ONBKT1 Payment Terms Net 30 Days Quote Number: JJ011017'02 Quote Date: Jan 1Q.2O17 Page: I �— ----- Description 2O10C_HEVYTAHOE 5VPL|NEUMXFULL-WIDTH PHANTOM INTERIOR UNDERCOVER L|GHT88R- DUAL COLOR 'RED/WHITE DRIVER, BLUE/VVH[TEPASGENGER ULB28MOUNTING HARDWARE KIT FOR SPLIT PHANTOM TAHOE 2O15+ VVHELENTRACER PER DRAWING 'DUAL COLOR 5HEAD RED/WHITE VYHELENTRACER PER DRAWING 'DUAL COLOR 5HEAD BLUE/WHITE VVHELENION USUPER LED L|GHTHEAD WITH BRACKET RED VVHELENION 0SUPER LED L|GHTHEAD WITH BRACKET 'BLUE VVHELENION LICENSE PLATE BRACKET ' HORIZONTAL MOUNT ECVDMLTAL00SOUND OFF DOME LIGHT ' UNIVERSAL MOUNT OPTIONS ALL LED RED/WHITE Unit Price Subtotal Sales Tax Fneig ht TOTAL Sales Rep JR 796,34 79634 8S�00 99.00 1950 41.31 79634 796.34 99,00 SS�O0 18�50 4131 2'45040� / | 2,450.49 | EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 2755GENEVAAVE. N OAKDALE.K4N 55128 USA Voice: 051765-2857 - Quoted To: LAKE ELMOFIRE DEPT. 3G0OLAVBRNEAVE. NORTH LAKE ELMO.&1N 55042 i Customer ID LAKE ELMOFIRE DEPT. � Good Thru 2/11/17 Quote Number: JJ01121741 Quote Date: Jan 12.2017 Payment Terms Sales Rep Net 30 Days JR Quantity Item | Description I Unit Price } Amount 1.00 VEHICLE 2O10CHE\�- -- 1.UU ETFBSSN-P 3OUNDOFF SOLID STATE TAIL LIGHT 44.40 44A0 FLASHER -12WIRE -ISOLATED POSITIVE OUTPUTS 1.00 SA315P SA315PVVHELENSIREN SPEAKER 19880 1981 (REPLACED SA314P)BLACK PLASTIC 01'0884777'UOA 1.00 SAN8 SAKD3A,315UNIVERSAL/SWIVEL BAIL 24�00 24�00 TYPE MOUNT KIT O1'048A240'UOO REPLACEDSA8KT8 1.00 C'VS'2000-T7\H'2 2UCONSOLE FOR 2015CHEVTAHOE 41388 41388 12''VV INCLUDES FACE PLATES, POWER AND USBRELOCATION PLATE STORAGE POCKET — 1.00 C'EB40'VVS2'1P C'EB40'YVS2'1P4''(1 PC) EQUIP. MTG. ORACKE| 1.00 C'BB25'MKT-1P C'EB25'MMT'1PHAV|SSHIELDS EQUIPMENT BRACKET 1.00 C'AP'0995 C'AP-OS958^ACCESSORY POCKET 9.5" 53.24 53.24 HIGH INTERNAL MOUNT F/HAV|8 SHIELDS CONSOLE 1.00 C'CUP2'1 DUAL CUPHOLUEHINTERNAL STYLE 28.67 2&07 LARGE FOR VEHICLE SPECIFIC � CONSOLE Subtotal Continued Sales Tax Continued Freight 1,00 ON SITE 1.00 STRIP EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC, 2755GENEVAAVE. N OAKDALE.MIN 55128 JSA Voice 051785-2857 Quoted To: LAKE ELMOFIRE DEPT. 38O0L4VERNEAVE, NORTH LAKE ELMO.MN 55042 - Quantity Item | Description 1.00 C+ARM'102 ARM REST SIDE CONSOLE MOUNT ADJUSTABLE HEIGHT 1.00 EX-MISC SUPPLY STANDARD SHOP SUPPLIES FEE FOR GENERAL INSTALLATION AND WIRING MATERIALS ONS|TECHARGE STRIP EQUIPMENT FROM VEHICLE, RESTORE HEADLIGHT AND HORN FUNCTIONS, PLUG HOLES 1.00 LABOR MSPCONTRACT MSP CONTRACT LABOR RATE FOR UPF|TOF2U15CHEVYTAHOE FIRE VEHICLE 1.00 SHORE POWER SHOREPOWER SYSTEM --------1 Sales Rep | JR � Unit Price | Amount 50�UO 215I0 1,800.00 Subtotal Sales Tax Freight TOTAL 215.00 11,800.00 3.17T31 � � 3,177.31, Tt I CIT1' I AKE ELMO AGENDA ITEM: SUBMITTED BY: REVIEWED BY: STAFF REPORT DATE: February 7, 2017 REGULAR ITEM #: Eagle Point Boulevard Street and Utility Improvements — Compensating Change Order No. 4 Jack Griffin, City Engineer Kristina Handt, City Administrator Cathy Bendel, Finance Director Ryan Stempski, Project Engineer BACKGROUND: Miller Excavating, Inc. was awarded a construction contract on July 7, 2015 to complete the Eagle Point Boulevard Street and Utility Improvements. The contractor has completed the work in accordance with the contract, plans and specifications; and with approval of this change order the contract amount will be adjusted to reflect quantities actually installed as a part of the project. ISSUE BEFORE COUNCIL: Should the City Council approve Compensating Change Order No. 4 for the Eagle Point Boulevard Street and Utility Improvements? PROPOSAL DETAILS/ANALYSIS: Compensating Change Order No. 4 would reconcile the estimated and actual quantities installed on the project. FISCAL IMPACT: $62,184.72 decrease to the final construction contract amount. The final construction contract amount is $1,158,809.37 or 7.25% under the original construction contract award amount of $1,249,949.09. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Compensating Change Order No. 4 for the Eagle Point Boulevard Street and Utility 'Improvements project thereby decreasing the final contract amount by $62,184.72. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Compensating Change Order No. 4 fOr the Eagle Paint Boulevard Street and Utility hnprovements, thereby tlzefiuial contract amount by $62,184.72". ATTACHMENTS: 1. Compensating Change Order No. 4. CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA EAGLE POINT BLVD STREET & UTILITY IMPROVEMENTS PROJECT NO. 2015.120 CHANGE ORDER NO. ENGINEERING, inc. 4 DATE: February 7, 2017 TO: MILLER EXCAVATING, INC, , 3636 STAGECOACH TRAIL N, STILLWATER, MN 55082 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified as follows upon execution of this Change Order, CHANGE ORDER DESCRIPTION / JUSTIFICATION: Per the project Contract Documents the original contract amount and basis of award is established using the estimated quantities for each item of work listed in the bid schedule and multiplying them by the Contractor's corresponding unit bid price, The Contractor is paid for the actual final quantities installed on the project at the unit bid prices. At the completion of the project, a compensating change order is prepared to revise the estimated quantities for each work item listed in the bid schedule to the actual quantities installed and the corresponding Contract Amount is revised accordingly. This compensating change order reflects a net decrease to the contract amount by $62,184.72. Attachments (list documents supporting change): ITEM DESCRIPTION OF PAY ITEM UNIT QTY UNITE PRICE INCREASE/(DECREASE) Amount of Original Contract Sum of Additions/Deductions approved to date Contract Amount to date Amount of this Change Order (-A-D01:- (DEDUCT) (140-GHAN6-E) Revised Contract Amount The Contract Period for Final Completion will be (UNCFIANGED APPROVED BY ENGINEER: FOCUS Engineering, inc. ENGINEER ,-" 1/24/2017 DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA - DATE NET CONTRACT CHANGE ($62,184.72) APPROVED BY CONTRACTOR BY — DATE DATE 1,249,494.09 (28,500.00) 1,220,994,09 (62,184,72) 1,158,809.37 0 days FOCUS Engineering, Inc. CHANGE ORDER FORM CI IANGC ORDER NO. 4 EAGLE POINT BLVD STREET & UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.120 1E0,1 DESCRIPTION OE ONE trEm UNIT DIVISION 1 GENERAL 1 6.10(En1z6TIoN 2 TRAFFIC cam 4131 3 sor FENCE 4 INLET PROTECD019 5 TempaRARY Roo( coNSTRuC 1,0N ENTRANCE 6 STREErswEEPENG 7 6" TOPSOil ALIO SOD 113D11AU1IC MULCH TEMPORA1,Y1 SUBTOTAL- O1VI510111 CONTRACT 50.40111NT QUAN IITY umir PRICE ENGINEERING, inc. COMPENSATINO EOTAL TO DA 11 Ci IAN& ORDER 1710. AMOUNT QUANTITY AMOUNT AMOUNT AMOUNT Ls 1 Co 529,90000 523,500.00 LA 1.00 51,E15.0.00 55,850.00 Li 3,160.011 52.071 S0,200610 EA 13.00 5 20000 53,400.00 EA 2 CO $1,664,60 52,000.130 LER 20.00 010J,60 52,000.00 57( 5,147,01 510.50 55(1,027370 Sy 2,575,00 91.15 52,761,25 5297,733.7s tea 300 3,10500 12.00 2 00 8 50 1,555 00 3.81000 529,900.00 000 60.03 $6,85000 0.00 50.03 56,22300 500 50100 53,407.00 0,00 50.00 $2,000.00 0,00 60 00 5450.00 .11.50 .54150.00 537,327.50 -1,590.00 (516,693.00 54,30Es 40 1,2,1100 51,127,15 59097500 -.516,907,82 DIVISION 2 ( SANITARY SEWER 9 CONNECT ro EXM it;ti SANITARY 563YERMALMOLIF EA 2,00 52.2100 00 55,0(10 00 2.00 53,6C0 00 (1.00 $0.00 10 SALUTARY SELFFER PIPE .11" 10 764.00 533 60 525,620 40 764.00 525,620 40 0 CD 5.0.00 I 1 54411ARY SEINER MANHOLE . 1YP1 301 EA 3.00 11.100110 $10,100.60 100 310,200 00 000 $000 12 OEMS MANHOLE DEPTH IF 1200 5240 l.c $2,630.00 12.00 $2,880.00 000 5000 13 REMOVAL OF UNSTABLE FOUNDATION MA fERIAL Cy 4200 553.00 92,1134,50 0.00 50.00 -42 00 -51,754.00 14 STABILIZING AGGREGAIE BORROW CY 42.00 361 (10 52,85600 0.00 $0.00 42.06 52.856,00 15 TWA/157NC LF 164.00 $7.S0 52,674170 76,1 ec $2,67 4.00 00.0 50 na 50BT0tat - ENVISION 2 I $52,C64.40 547,0/ 4,40 (5E1040 00 I DIVISION 3 , WATERMAIN i f', cormKr To kOoSitoJci WA-100.141N EA 1.00 52,660.00 $2,9T5D 00 1.00 $2,GS0 00 OM $0.00 17 6" GATE VALVE E. apx EA 1.00 51,9,101.41 51,99000 AUL 51,990.00 000 50.00 18 12" GATE VALVE EA 2.00 $4,720 00 50,540 99 2.00 $9,E010 09 000 50.00 19 16" BUTTERFLY VALVE C. BOK EA 1.00 $4,11040 54,99000 000 57,990.00 0.00 50.00 10 1-07D9ANT EA 1.00 54,560.00 51,560 BO Ann $4,560.00 7000 50.00 2) 16" ERR c_. 52 V6ATERMAEN LF 209.00 $103.00 $22,572.00 2 .‘,.),00 $24,840.00 MOO 52,263.00 22 RE1403E AND REPLACE VALVE 88K EA 2,00 0902.00 $1,920.00 000 151,920.00 0.00 50.90 21 16'0615' 0END MI DUCTILE 100)1 COMPACT Y111)0G F A 1.99 $1.550.09 $1,569.00 t 00 $1,560.00 0.00 90.00 24 16•O(101' TEE mi oUCTRE IRON CONIPACT Fl MILD EA 1.00 S2,120.00 5/, Nu al 2 00 $4,300.00 1.00 52,199 00 25 16"Xl J" REEIT lc ET) T)41 0410I1l1 IRON CONWAY! )11-101G EA LOD $1,139.09 $2,760.979 200 52,750,00 0.170 50.00 26 16")(6" REDUCER ME DUCTILE RION COMPACT FITTING FA 4.00 51,2 92.119 $1)270.90 2.90 $2,540.00 1.00) $1,2 20.00 27 4° POLYSTWIENE 1E7501.4E10N 5F 32 CC, 516.00 5329 DO 32.00 $320.00 0.00 5E400 SURTO TAL ) 01015IO64 $55)372.00 569125.00 $0729491 DIVISION ) 5T0RM SEWER 2.1 REMOVE EXISTING 5 IORAA SEWER STRUCTURE EA 1.00 $400 00 29 REMOVE EXTSTING ST0061 SEWER TALL TYPES ANC SIZES) LF 55.99 $1509 30 CONNECT TO EXTSTING STORM SEWER STRUCTURE EA 2.03 50420 00 35 5TORM SEWEET Mk- 12" RCP LF 117.00 54,9011 12 5TORM 554NER PIPE . 15" RCP tr 921 00 511 50 72 cATCE t BASIN . TYPE 404 EA 3.00 $1,65000 14 CATCH DASM/MANHOLE -PEPE 406 63 1.00 52,660E0 35 ococr cxlsTOVO CA rEft BASTE) CAS f ING EA 2.00 542000 3b RE AITT. EXISTTNG CATCH aosui CONCRETE SE 2/.00 1135 CO 641070TAL.81315i014,1 DIVISION 5-STREETS ii SALVAGE P001 ANC STEEN EA If on 900.00 33 RE.PADVE POST ANC STGN EA 1 CC 560 00 39 1.41.11C13I PI rommous OR coNcRsE LF 053.00 53 00 -10 REmovE AND DISPOSE OF EMS-1114G DETTUT0010125 P9VEME177 (DR(VEWAY) SY 256 00 55.00 41 REMOVE AND DISPOSE OF EXISIIFIG CONCRETE PAVEMENT (DRIVEWAY] SY 3,3e,u 50.00 43 REMOVE PHD 015POSE oF E205TING CoNcRET E. 0190 TY 7,036E15 S2.00 43 COME.101I EXCAVATION IS 1 09 $214,400,00 44 SELECT GRANuL A4 BORRov/ (C30 EP) CY 12007100 51 LT> Cs SURCRAUE U)FiRLCI1122) SY 2) ATT2410 59.n0 46 SUFTGRADE PPERAPATION 05 Al RR 0150 01) 47 CLA55 G AGGREGATL RASE TN 9,5E9.1111 $12.65 51100 110 2 CO 5900.90 0 00 50.00 597000 65,E0 997000 0.00 50 00 $ I, M0.90 2.110 $1,2E0 00 0.00 $9.00 93,001.00 771,00 53.861.00 0.00 59.09 531,429 50 971.00 533,499.50 0.00 59.99 $5,000.90 300 56,08500 0.00 50.00 6(3,655 00 2.0)) 516.655 (AI 8.00 50.00 5990 00 200 595000 0,00 50.00 69/2 OD 0.00 $0.00 .27,03 (9272,00 $66,522,00 $95,605.$0 097130 5000 no Sao° 51,659.00 $1,330 :Ai S2.230 00 SI43322,00 9714,400,00 5143,40000 524,300.60 55,10000 5124,6311 50 5.00 1.013 138,00 666.118 42.0U 7,111.00 1.00 12,000.00 408.9n 34.00 8,869.09 $300,00 6,00 ..$369.00 590.00 0 00 SO ET) 51,6 1.1.9k )15 00 .4.E5 00 $1,330.09 0.00 $0,90 5252,00 -3377.0.0 .53,024613 514,222.00 7500 6140.061 521.1050.60 0.00 00012 0143,490.00 000 50 90 54,2.12.90 -2,232.00 -520,000,00 55,190.00 0.00 50.00 $1120192.85 -931.00 .912,4)99.65 CONTRACT AMOIJNEI TOTAL 10 DATE ITEM DESCRIPTION OR PAY !TEM UNIT CHANGE ORDER NO. 3 COMPCNSATING QUANTITY UNIT PRICE AMOUNT LILIAN TIE( AMOUNT AMOUNT AMOUNT, 48 AGGREGATE: TRAILPCSTORATION TN 9.00 680.00 $720.00 7.2E 557060 -1.80 -$1.44.00 49 6110640(OUS NONAVEAR COURSE 1N 1,82500 .56.2.00 slia.no.ao 1.724,08 8106,832 56 -11109J -56,25704 50 101U64E19O3S WEAR C099SE. 161 13425.00 $52 CO 5113.15000 1.77&36 5110010.32 -S0.64 .53,119.671 51 BITUMINOUS MATERAL FOR TACK MAT Ge, 54200 $300 52,526 DO 1.03,Taci 63,090 co 1E18 pa 5 S64.00 52 CONCRETE CURE, AND GUTIER LF 6,546.00 $12.co $79:152,60) C577G0 `,W1,1.24,01 RJ 53 6972.00 53 DRIVEWAY VALLEY GUTTER FA 4 Go 5L9)o.00 $11,860 Cfl 300 $6,910.00 A.26 -52397C 00 5-1 6' CONCRE f E DRIVEWAY PAVEMENT SY 4000 555.00 52,20.00 42.53 62,337.50 7.50 6137.50 55 RiTUMiNOUS DRIVEWAY PAVEMENT SY 295.00 927.0.0 57,965.0 149 Gil 64023.011 .14600 -56,942.06 56 PERFORATED PVC EDGE DRAiN (F 6,650.00 59.00 $ 1,940..00 4,273.CS 938,497.00 .2,337.00 -521083.00 637 ORA fITIL) CLEANOUT EA 60.601 5190.00 87,500.60 31 00 6 4,65000 -19.00 -52,P50.06 58 DRAINER E CONNECTION INTO CATCH BASIN EA ROO $100.00 93,240.00 8 00 54,201600 0,60 50.00 59 Pita AST CONCRE1E HEADWALL FOR URAINTRC EA 6,60 $535.00 53,010,00 6.00 51,040.00 0,00 50 LX1 GO ADJUST MANHOLE CASTING EA 4.00 5600.00 62,400.00 5.0C 53,110000 1 00 6 500.00 61 ADJU51 GATE VALVE BOX EA BOO 0350 CO 56,300.S0 16,00 65,500.00 -200 ,5700,00 62 FURNSH SIGN PASO. SA IS 00 595.00 567536 15.6O 6526.00 0.00 saw 63 INSTALL SIGN PANELS CA 2,60 5706.00 $40010 2.00 5400.00 (zoo Sono 64 A' SOLID UNE WHITE EPDXY ir 7,115 OC 50.53 53(770,40 7,116.60 63,771.411 0,00 SO 03 65 4" SOLID LINE YELLOW EPDXY i f LS24.00 50,53 5607.72 1,824.60 5807.72 0.60 $0,10 GG 4* EIROCEN UNE YELLOW EPDXY LE 2558.00 $0.53 51,355.74 2,558.CL1 61,355.74 000 $0.10 67 6-0P 6AR POLY PRE! ORNIEU EA 2 00 51,100,0C 03.921,03 1,00 $2,12050 OM S0.00 CS TEmSORMY PAVEMENT 51RIPIN15 LS 1.00 543500.00 54.50063 1.CG 54,500.00 0.66 50.30 64 PAL/TEAPOT M4PRING5 - POLY PREFORMED EA 10:0 5816.00 56,150.03 1900.5%150.60 0.00 50.00 SUBTOTAL - DIVISION 5 $367146.14 5093,053 ST -573,931 97, TOTALS - BASE CONTRACT $1,244,494.09 CHANGE ORDER NO, 1 CO/ 1 PERFORATED PVC ECG: ORAN CO211 DRA.NIRE CI LANOO TOTALS - CHANGE ORDER NO. 1 TOTALS - REVISED CONTRACT LF (1,850.001 $9.00 EA 119.061 51SO-00 -626,63000 '62.630.00 -526,500,N $1,220,994.09 0 0 $1,158,809.37 -$90,884a2 50.53 SO In 5000 2,650.00 500,550.00 1401/ 52,650.00 $28,50000 $1,158,809.37 -$62,184.72 ;rim- or - LAKE ELN 0 STAFF REPORT DATE: February 7, 2017 REGULAR ITEM #: 6 AGENDA ITEM: Eagle Point Boulevard Street and Utility Improvements — Pay Request No. 7 (Final) SUBMITTED BY: REVIEWED BY: Jack Griffin, City Engineer Kristina Handt, City Administrator Cathy Bendel, Finance Director Ryan Stempski, Project Engineer BACKGROUND:, Miller Excavating, Inc. was awarded a construction contract on July 7, 2015 to complete the Eagle Point Boulevard Street and Utility Improvements. The contractor has completed the work in accordance with the contract, plans and specifications. ISSUE BEFORE COUNCIL: Should the City Council accept the improvements and approve Pay Request No. 7 (Final)? PROPOSAL...DETAILS/ANALYSIS: The Eagle Point Boulevard Street and Utility Improvements have been reviewed by the Engineer and have been found to be fully completed in accordance with the Contract, Plans and Specifications and Change Orders. The Project Engineer has prepared a Certificate of Completion indicating that all work is completed including all punchlist items and is recommending the acceptance of the improvements and release of final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on February 7, 2017 and will extend through February 7, 2018. FISCAL IMPACT: Final payment is proposed in accordance with the Contract for the project. The Project was completed within the authorized scope and budget. The final total construction costs for the project is $1,158,809.37 which is 7.25% under the original contract amount of$1,249,494.09. A breakdown of the project costs compared with the previously approved budget is shown below. Eagle Point Boulevard Street and Utility Improvements — Final Project Cost Summary 'Total Project Costs: Breakdown: Construction: Contingency: Engineering (Report, Design, Construction, Right of ;,f(a), Services) Geotechnical Engineering: Budget for Legal. Fiscal, and Administration: Final Project Costs $1,343,809.37 Authorized Project Costs $1,485,800 81,158,809.37 $1,249,494.09 $0 $34,005.91 $140,000 8155,300 $14,000 $16,000 $31,000 $31,000 RECOMMENDATION: Staff is recommending that the City Council approve, as part qfthe Consent _Agencict. accepting the Eagle Point Boulevard Street and Utility Improvements and approving Pay Request No. 7 (Final) in the amount of $57,940.47. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the improvements and approve Pay Request No. 7 (final) to Miller Excavating, Inc. in the amount of S57,940.47for the Eagle Point Boulevard Street and Utility Improvements". ATTACHMENTS: 1. Partial Pay Estimate No. 7 (Final). 2. Certificate of Completion. PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 7 (Final) CUS ENGINEERING, inc. EAGLE POINT BLVD STREET & UTILITY IMPROVEMENTS PERIOD OF ESTIMATE PROJECT Na 2015.120 FROM 10/1/2016 TO 12/31/2016 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO MILLER EXCAVATING, INC. 3800 LAVERNE AVENUE NORTH 3636 STAGECOACH TRAIL NORTH LAKE ELMO, MN 55042 STILLWATER, MN 55082 ATTN: JACK GRIFFIN, CITY ENGINEER ATTN: STEVE ST. CLAIRE, PROJECT MANAGER CONTRACT CHANGE ORDER SUMMARY No, Approval Amount Date Additions Deductions 1 8/4/2015 $28,500.00 2 11/4/2015 3 5/2/2016 4 2/7/2017 $62,184,72 PAY ESTIMATE SUMMARY 1. Original Contract Amount $1,249,494.09 2. Net Change Order Sum -$90,684.72 3, Revised Contract (1+2) $1,158,809.37 4. *Work Completed $1,158,809.37 5, *Stored Materials $0.00 6. Subtotal (4+5) $1,158,809.37 7. Retainage* 8, Previous Payments TOTALS $0.00 $90,684.72 9. Amount Due (6-7-8) NET CHANGE ($90,684.72) , , , *Detailed Breakdown Attached CONTRACT TIME $0.00 $1,100,868.90 $57,940.47 START DATE: 7/31/2015 ORIGINAL DAYS 427 ON SCHEDULE SUBSTANTIAL COMPLETION: 11/6/2015 REVISED DAYS 0 YES FINAL COMPLETION: 9/30/2016 REMAINING -92 NO ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of [heir knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents. FOCUS Engineeripg, inc. ' ( ENGINEER 1 /24/2017 DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract BY documents, that all amounts have been paid by the contractor for work far which previous payment estimates was issued and payments 'DATE received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY BY DATE FOCUS EngineQring, inc. DATE PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 7 (Final) EAGLE POINT BLVD STREET & UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.120 ITEM DESCRIPTION OF PAY IT ENT DIVISION 1 - GENERAL MOBILIZATION 2 TRAFFIC coNTRoi FOC 4, .4 S ENGINEERING, inc. CONTRACT AMOUNTTHI B100 TOTAL TO DATE uric QUANTITY UNIT PIIICE AMOUN'T QUAN I ITY AMOUNT QUAFFED,/ AMOUNT LS 1 00 52277,706.22) 519,03,7 0.00 50.00 1.00 529,90 00 ES 1 021 56.830.00 56.830,00 000 $0,00 1E10 850 i SIFT f ENCE LE 1 160.00 $7 On 36..7,3, 'NI 000 SG Oe 3„10s.00 5E,210.00 4 INLET PROTECTION EA 1.7.30 S200.00 $3.400 SO 0.00 SO 00 27 00 $3,400 00 T EMPOPAR IROCK CONSTRUETiON ENT RANEE. EA 2.00 5I,33E0E0 $200,410 0.00 S0.00 7,220 52,0C.J_Cu STREET 504E2 TiNe, rill 20 On 5100.00 $2460030 0 ao 50.10 6.50 „SNSLI NO 6" Dipscul AND EDO SY 3,145,00 310.50 5S4,031 Stt 000 50 00 3,553.00 S37322.50 PYORAUEIC MUCH ITEMP00ARY1 SY 2,573.00 SLAG $2.961.25 0,00 50,00 3.816.00 51,38140 SUBTOTAL , DA/1E10TE 1 3107,333,7S 50 00 S90,22S 90 DIVISION 2 - SANITARY SEWER I 9 CONNECT TO EXISTING SANITARY SEWER MANHOLE Eh 000 $7.22,20.110 $S7472.430 000 $0 CO 200 .530.FI4C‘) 10 SAMTARY SEAVER PIPE • LD IT 75400 $33.50 521070.40 0.00 SIL 20 76,1 DO $75.67,1 ,10 11 SANG SEWER NIAILITOTE • TYPE MI EA IOD 03.00000 510.200.00 0,00 $000 3 Bo 310,20.0 OD 12 EXCESS MAMBAS DEPTH IF 12 210 S7,10 043 32,6E6E3E 000 Scan 12.00 5.2,94400 LT REMOVAL OF UNGIALSEE FOUNDATION MATERIAL CY 47 00 TS 2 up S2.104,00 ODD $000 DOD 50 00 14 1)ABILID1121 AGGREGATE BORROW CY 4200 E.08 00 $2,33,3,210 0 00 $0,021 000 SO 00 IS TEIDASMIG ii. 7E4.00 5 J.S0 S2,674.00 0.00 $0.00 264.035 57613,0 SUBTOTAL 2 DRASIC227 2 SS2.064 40 $0 00 $4 7,6i 4 7111 13112201001 a .. 00A3E11NIA124 16 comaor ro sals,cac taoalEaNKIN EA 100 $2,G10 00 $2,6504,0 0 00 $0.00 1.00 $2030 00 17 6' GATE vAl,k1E. E. BOX EA F.00 51,900.o4 51,990.00 000 SOLE° TOO 51,990 00 1E 17" GATE VALVE EA 2,00 54,770.00 $9.540.00 000 SO CO 273, SR,S413 on 19 16 BuTLERFLY vALvE LS 009 EA 1.00 54,990.00 54,990 00 0,00 SO 00 MU $4,9)1000 20 3200RAN1 EA 1.00 $4,560.00 $4,500.00 0.00 $0 OU 1.0 $4,550.00 21 14" DIP Ct. 52 WATERMAN LE 209.00 SICROO 522,572,00 0.00 .,,:: '3° 524,340..k 22 REMOVE AND REPLACE VALVE BOX EA 200 S985CO S197401 000 70 2.00 $1,970.0.) 23 767735* aataa hal ONICTILE PLOD COMPACT ADO* EA LOD 53,54000 513E0111 0,00 50 on LOC 51,56000 77 2 6716:: ELI ML TRICOT IRON curApAcT FILTING TA ILO $2,19300 30153.00 000 50 0-J 2.00 54.3ER3E0 25 10 X12" REDUCER MI DUCTILE IRON COMPACT 1)11 NG EA 2.00 $1,3$0..00 52.7GC,60 0 00 50 00 2.00 57,7Z,)Eu 2E EM'E1E*06,211.2CER NIL DUCTILE IRON CON1PACT RITMO EA 1.00 Si,Pno 51,500ao can $0,00 ') co 52,540,00 27 4' POLYSTyRELIE 2214U1ATIDEL SF MOD 51030 537,700 000 50,00 32 CO 532u C1 SUBTOTAL . DIVISION 3 556,372.00 50.00 $622100.001 I DIVISION 4 F SWUM SEWER 1 28 REmovE ExisTiNG 5 hERFo SEWER STRUCTURE EA 2,00 $40000 5 4,00 00 000 50 Go 2.00 4:1,41,11,0 29 RE1,I0VE E3I591513 STORNI SELEFR IAD. TYPES AND SIZESI Ff 6630 SI S 00 5975.10 0.00 Sa co 65,00 5975.00 30 CODDICT TO EXISTING STONLA STD, r R ST RUC LURE EA 7.01 $000 00 51.730462 ODD SO 00 2 00 SENDAI 00 it S 201641 SEWER PIPE , 12" f,CP 11 113,00 $3300 $3.06 2.110 0.00 5,3.4 117,00 SUifil Do 37 STORM SEAVER MAE , 15" RCP if anac S34.50 $13.199,50 0 02, 50 00 971,00 533.499 50 31 CAME RAVI . TYPE 404 EA 3.00 51.E95.00 55.085 00 apo 3002 3.00 51,003.00 31 CA ECH 3051'l/Mm4110tE - IEEE 406 IA 1',1 $7,F55,00 S MESS PC 000 5,1 0) 7.00 511.,EI55 00 35 RESET EY...STING CATCH BASIN CASTING EA 2,00 5475,0u $9.50.00 0,00 5(E0] 2 DO 5900,00 .03 REPA,RIBISPERS rmcn BASIN CONCRETE SE 77 00 $36.00 5972.00 0.00 $1.00 0,00 500,1 SUBTOTAL , DIVISION 4 $66,577.50 50,013 565,E05.501 DIVISION 5 . STREETS 1 37 SALVAGE POST ANn sicc EA 11,00 540,00 1' .,1 0.00 Sa.00 5,0u Sacco at REMOVE Pasr AND SIGN EA 1.00 $60.00 S10,0 0.00 50 ea 1.00 $00.00 30 SAWCOT DITUNIPLOUS OR CONCRETE t 2 0S3.00 $3,00 $1.,ES9 00 2.1 00 SO ,60 038.00 51,614.11 40 REMOVE AHD TBSPOSE OF EXISTILIG trUMINOUS PAVEMSwr (ORIVEWAY) SE 266.00 55.00 $1.330,00 0,00 50.E0 256.00 51,330 00 it REMOvE AND 2032,0s7 LLE EIOSTREG COMPETE PAVEMENT 20300,464 i SY 300 00 5G.00 571!, 00 0.00 Sc ,a) 4200 Saw 131 42 REMOVE ANO DISPOSE OF EXISTING CONCRETE CURB LC 7,03E00 $2.00 53001300 0,CI) $0 00 7,111011 314,2E200 43 curamcna BBC AVAL1024 tS 10.) S/1,1,450,00 $714,424) On II00 5,/,00 1.00 E2.1 1,4S0 0,1 44 SE1EC1 GRAU00.440 faCEEF,v(CVIM) CY 12,0u000 $1E.95 23143,401,00 0.00 So 00 j :7,0 ,;(1,00 S143.40600 35 SURGRADE CORDECILON Sy 2.1c33.u6) 59.00 521,3E3 GO 0,00 50 On 319.00 54,71.E.00 40.4 St InGRATIE PRPAHM4,222 RS 34.00 5 1SOOD S5,,luo eu 000 So.,E., 3,1.00 SEAN. 00 tiEM 0354.19,0111.y9 01. PAY TT EM LINN CONTRACT AMOEINT THIS 5E0100 1 TOTAL 70 DATC QUANTITY UNIT PRICE AMOUNT QUANTITY A61011141' QUAN TI I Y AMOUNT 47 CLASS. 6 AGGREGATE 6456 Til 9,550.00 512.65 517.4.502 So LI 00 $0.00 3,360 co 5112,132,65 40 ALTERLGATE "TRAIL RESTORATION TN 9.00 .30.00 $720.0) o 00 50,06 7.20 40 61107119005 NON 12.,Fms 400116 19 1.575.30 $011.00 5111,150610 0.00 50.00 1,524,03 6166.662 456 50 011UMINE.166, WEAN COURSE IN 1,825.00 562.00 5113,000.00 000 .50 t0 1,774:36 5110,010 31 51 01 TLINTINOLT5 MA EENTAL FOR 1919K COMGA 8..t2,00 $3.00 52,5:5 TIC 0.00 $000 1,030.00 5,1060 00 52 CONCRETE CURS AND 3079E0 ts 6 596.30 512.04 594,132.00 0.00 00.50 6,677,03 686124,60 53 DRIVEWAY V /01.69 G un 39 69) 4.03 $2,970 CO 5i1.1010110 0.0a 50.0 3.00 53.910 00 54 6" 40069114 akliVEWAT PA941.010' sy 40.00 551900 51,200,40 000 5060 42-50 54.,337,59 55 BITUNPTINUSORTALNAy PAVEMENT SY 255.00 $27,00 $7,965.00 0.00 $0,00 149.00 54,02160 55 9900084110 PvC EuGE E1HRIN EF 6,5000 $9.00 559,94060 0.00 50,00 4,273 00 566457.60 57 OVATNIVE CEEANOUT EA 50.00 515600 57,500.00 0,00 50.00 31.00 .1,601.00 Nis GRAINS L.F. CONETL05661 ;El ICI LATCH RAHN EA S CO 5400,00 $3.760.00 0.00 $0,60 600 51,360 00 65 P0CCA5/ CONCRETE HEADWALL FOR CAPIN ITLE EA 6,00 5515.00 51,09.C.0)3 000 60.0U 6.00 $.9090 00 60 0E.0951 MANHOLE 4545•0I1)0 EA 400 $500.00 52,460 De 0,00 5000 5.00 566100.00 61 AD.6.151 GATE VALVE BOX EA 10410- $35000 $6,100.00 0.00 50 00 16 00 35,600 09 62 F0RNI514 SIGN PANEL S4 15.60 $45.00 5105 00 0.00 50 06 15.00 5675 CEI 67, IN5TATE Siv El PANELS EA 'a 161 SAM, 00 WC clf) 0,09) 50 CO ?AO SIC° 00 64 4" S000 LINE 949114 5990199 5) 2,116.00 $0.51 53,771,45 0.00 50 co 1,116.00 53,911.43 65 45 SOLID EINE YEL061666PONY TF 1,51.909 90.53 5832.72 0.00 53 00 1,529.00 550.12 €6 A" 8301,6/1595E YELLOW EP099 LF 2,55800 50,53 $1,355.74 0.00 53 00 2,558.00 51,355.74 ti? 5099BAR- POLY PP uoilmEtt E., 2,00 51,2,10.00 5 /,00.00 0.00 54 00 1. 00 50,400 40 68 lEmeoRARY PAVEN11991-31t9p910 1,5 1.00 $4,50000 54,500.0u 0 00 50 00 I 00 $4,500 TM 59 PAVEMENT MARNITGS . POLY PREFORMED EA 1060 5615,03 56. t 50 oa 0 CO 50 00 10110 55,153 00 54.010)100 ,- (90/159.155 9967,146.44 50.00 5393,163.571 TOTALS - BASE CONTRACT $1,249,494.09 $0.00 $1,158,1109,37 CHANGE ORDER NO, 1 000-1 PER7034TE0 INC EDGE 0010N -2 !AWHILE CLEANUTT TOTALS - CHANGE ORDER NO, 1 COMPENSATING CHANGE ORDER NO, 4 LE I (6050 001 EA 09.601 0114 1 CCMPENSA TING CHANGE OR DER LS TOTALS - REVISED CONTRACT 59.00 5150.00 1.00 562,194 72 ,125,630.061 .52.850,00 518,500.03 -562.194.72 0.00 0.00 $3.00 5003 60.00 090 5000 -602,104.12 $0.00 51,198,409.37 $0.00 0 5000 15 5000 S0.00 0 $0 03 5000 $1,158,509.37 CITY OF LAKE ELMO, MN EAGLE POINT BOULEVARD STREET AND UTILITY IMPROVEMENTS CERTIFICATE OF COMPLETION DATE OF ISSUANCE: February 7. 2017 PROJECT NO. 20 15 1211 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: MILLER EXCAVATING, INC. PROJECT NAME: EAGLE POINT BLVD. STREET AND UTILITY IMPROVEMENTS PROJECT NO.: 2015.120 This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following specified parts of the Contract Documents 1 do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated July 31, 2015. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: February 7, 2017 Ryan Stempski FOCUS'Engine ring, inc. Reg. No. 45395 THE WARRANTY PERIOD BEGINS February 7, 20 I 7 AND ENDS February 7, 2018 ]III crry LAKE ELMO STAFF REPORT DATE: February 7, 2017 CONSENT ITEM #: 7 AGENDA ITEM: Inwood Booster Station Improvements — Pay Request No. 8 SUBMITTED BY: REVIEWED BY: Chad Isakson, Project Engineer Kristina Ha ndt, City Administrator Cathy Bendel, Finance Director Jack Griffin, City Engineer BACKGROUND: Magney Construction, Inc. was awarded a construction contract on April 5, 2016 to complete the Inwood Booster Station Improvements. The work has been substantially completed and the booster station has been placed into operation. The contractor is addressing punch list items and preparing to close out the project. ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 8? PROPOSAL DETAILS/ANALYSIS: Magney Construction, Inc., has submitted Partial Pay Request No. 8 in the amount of $24,527.08. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $64,849.86. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recommending, that the City Council approve, as part of the Consent Agenda, Pay Request No. 8 for the Inwood Booster Station Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Ali»,e to approve Pay Request No. 8 to Magney Construction, Inc. in the amount of $24,527.08 for the Inwood Booster Station Improvements". ATTACHMENTS: 1. Partial Pay Estimate No. 8 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO, 8 INWOOD BOOSTER STATION IMPROVEMENTS PROJECT NO. 2014.129 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval Amount Date Additions Deductions 1 $5,048.49 2 3 = TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: $2,754.96 $6,236.98 $8,991.94 $3,943.45 4/28/2016 10/28/2016 11/25/2016 F C S ENGINEERING, inc. PERIOD OF ESTIMATE FROM 12/1/2016 TO 12/31/2016 CONTRACTOR: MAGNEY CONSTRUCTION, INC. 1401 PARK ROAD CHANHASSEN, MN 55317 PAY ESTIMATE 1. Original Contract Amount 2. Net Change Order Sum 3, Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 5.0% 8, Previous Payments 9. Amount Due (6-7-8) 'Detailed Breakdown Attached CONTRACT TIME ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. DATE CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA CONTRACTOR BY BY DATE DATE 211 244 -3 SUMMARY $1,308,404.00 $3,943.45 $1,312,347.45 $1,296,997.20 $0.00 $1,296,997.20 $64,849.86 $1,207,620.26 $24,527,08 ON SCHEDULE YES NO MSA PROFESSIONAL SERVICES a FOCUS Engineering, inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO, 8 INWOOD BOOSTER STATION IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014,129 rITEM DESCRIP HON OE PAY ITEM F 0 C S ENGINEERING, inc. CON TRACT UNIT QUANTITY UNIT PRICE AMOUNT EWAN ray AMOUNT QUANTITY ASIOUNTI DIVISION 1-GENERAL I 1 MOBIL(ZATIoN LS $55,000.00 555,000 OD 000 50 Oo 1.00 555,000 00 2 TRAFFIC CONTROL 15 1 $700 00 5700 00 0.00 50.00 100 $700.00 3 SNT FENCE LF 240 $3.00 5710.00 wan 50.00 240 $720.00 4 CLEARING AND GRU118iNG LS 1 52,000..110 52,000.00 0,00 50.00 1 52,000 00 5 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA I $1,CDCLIX1 $1,000 00 0 00 $0.00 1 51,000 00 6 STREET SWEEPING HR 10 510500 51,050.00 000 50 (10 0 50,00 7 SITE RESTORATION LS 1 54.800 00 $4,300.00 0 10 S430 00 1 54,500 CO SUBTOIAI . DIVISION 1 565,270 001 548000 564.220.00 DIVISION 2' WATER MAIN 8 CONNEC° TO EXISTING WATERMA(N A110 SERVICE EA 3 $1,500.00 $4,500 00 9 1.5" COPPER WATER SERVICE PIPE LF 65 550.00 $3.250 EIC 10 12" DUCXLE IRON WATERMAIN PIPE, CLASS 42 LE 100 $170.00 512,000.00 11 DUCIILE iPON FIT7iNGS LB 344 516.00 55,504 00 SU6T0141DIvISION 2 125.254 00 THIS PERIOD TOTAL TO DATE 000 50.00 3 54,500261 0.00 50.00 65 53.250 00 0.00 50.00 100 512,000.00 0.00 50 00 331 $5,504 00 SU 00 525,254.00 DIVISION 3 - STORM SEWER 1 12 10' PvC DRA.N LF 15 550,55 5750.00 0.00 SO 00 0 SO CIO 13 18" RCP STORM SEWER PIPE, CLASS 5 LE 130 $50.00 56,500.00 0 00 50.00 121 56.050.00 14 18" RCP FLARE C END SEC NON EA 1 $1,600 00 $1,500.00 0.00 $0 OC 1 51,500.00 15 CA (CH tiALAN/MANti CAE EA 2 $3,000 00 56,001100 0 00 50.00 2 $6,000.00 16 RANDOm RIPRAP ClASS Ili (CV) CY 10 516(100 $1,600.00 0.00 53.00 10 $1,600.00 53610191 ' 04511005 3 516,350.00 50 00 515,150 DO DIVISION 4 'DRIVEWAY CONSTRUCTION 17 comm05EXCAVATION (E0 CY 690 520.00 $13,600.00 0 00 $0 00 690 513,800.00 18 SELECT GRANUIAR BORROW tP) CY 110 $25.00 $2.7.50.00 0.00 50.00 110 $2,750 00 19 SUBGRADE PREPARATION LS 1 51,40000 $1,400,00 0.00 SO 00 1.00 $1,400 Oo 20 AGGREGATE 8ASE C1ASS 5 TON 140 522 00 $3,080.00 000 1000 113 51.596 CO 21 TYPE SP 9.5 LV(AR COURSE 84,6 I2,63) TON 50 595 00 $4,750.00 0.00 0000 30 53,610 00 22 A" CONCRETE SIDEWALK SY 41 570.00 52,570.00 0.00 SO 00 31 $1,170 00 23 SEGMENTAL REIMEGNG WALL F60 523.00 511,040 00 17 00 5391 00 433 510.074 00 24 SPLIT RAIL FENCE IX 120 517.00 52,040,00 0.00 5000 120 52.040.00 25 GUARD 0051 EA 3 5350 00 51,050210 0.00 50.00 3 51,050 00 26 6" PERFORATED PvC DRAIN LF 140 190,97 55,600.00 0,00 SO 00 140 55,60000 27 8" INUNE CANN EA 5 5900.00 54.$00.00 0.00 SO 00 5 531500.00 28 ROOF °PAIN CO( LECTION EA 5 smacla $4,500 00 0.00 SO 00 54,500 00 29 DEININTRI CLEANOUT EA 1 5900 co 5900.00 0.00 30.00 5901100 SUBTOTAL -1516150214 558,280 00 5391 00; S54,900 001 30 DIVISIONS - BOOSTER FACILITY I I 31 560er5i1I40 1.5 $13,550.00 3161,55000 0.20 53,710.00 1.00 519,650.00 32 Gond IS In914ranc3 LS $19,620 00 $19,620.00 0.00 50.40 1.00 519,620.00 31000 Coocreto Work LS $58(760.00 555,760 CO 0.00 50 OG SOO 55E1760110 32000 Rthar 1.5 15.100.00 55,100 00 0.00 50.00 1.00 55,100 00 33516 Heavy Duty Concretp Floor Fousn LS 3 51,860.00 41,860 00 0,00 5020 5,03 $1.560 00 42000 Islaspory Wark LS $70.480 00 $70,480.00 0,00 $0.00 1.00 570.481755 55000 3,1152 Metals LS 03,350 GO 53,350 00_ 0 00 50 00 1 00 53,350 00 01000 39951,C91P510199 L5 $25,500 110 525,5110 CO 000 $0.00 100 $15,500 00 62210 019302 Trim LS 51.170.00 51,00270 0.00 SO 00 1,00 51,120 00 71113 BitunLmus Oarnproofing LS 5620 00 5670,190 0.00 541.40 1,00 5670 00 72112 In..oat,on (below grativI LS $1,250,00 $1,250 00 000 50.00 1.00 51,250.00 73126 1110wn 2 tberg as$19909059n LS $3,700.00 52,700,00 0.00 50.00 1 DO 03,290,00 /2170 MAL' Ap0Ired MerobtanA AO 8201e- LS $4,000 00 59,000.00 000 50,00 1.00 54,000.00 73113 959591151993193 LS 56,600 00 56,600 an 0.00 50.00 1 50 56,600 00 74618 154Atal S9,01 & f ei.td. gtaterK & 14own9p9103 LS 56,550.00 $6,550 00 0 00 50210 Imo 55,550.00 74046 Almeral FAA,' 55fng LS 510,000 00 510.600.00 0,00 $0.00 000 519,200 00 79200 101111 SealArAs LS 53,210.00 53,310.00 0,00 30.00 100 53,210.03 81600 FRP 00916 LS 511,9511.00 111,950.00 0.00 50.00 100 511,950,00 88100 Siam 3. Gtastors LS 5500.00 $500.00 GOO 50.00 100 5500 OC 86410 1.93192252W9109999 LS 59,950 00 59.450.06 0 00 50.00 1.00 19.960.00 97740 FRP S./Late larnmtori panels 15 59.340 00 57.44000 0 00 1000 1.00 $9,640 00 99600 High 09rfoAranco CoatuAL LS S13,400 00 513,400.00 000 40.00 1,00 S13,400.00 101,169 99,,11419g SIgn5 19 9200.00 5200.00 0.00 10.00 1,00 5253541 .. .......„.. . , . . __ . CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QuANTI1Y AMOUNT QUANTITY AMOUNT 104416 Fire Extingurshers LS 1 $350.00 $350 00 000 SO 00 1.00 5350.00 220000 696,66006 LS 622,500.119 522,500.00 000 50.0C 1.00 S22,500 00 230000 HVAC LS $46,400 00 $46,400,00 000 $0.00 1.00 546,40000 260500 Dertircal LS 579,800 00 $79,800,00 0.00 50.00 1.00 579,800 00 3:2305 tarlhwork LS 67,880 00 57,000 00 00) 50,00 1.00 37,880 00 331300 Drsinfettion at Water Saratoga Sdructsirds 15 1 5950 00 $950 OD 0 00 50 OC 1.00 3950 00 102323 Process Prptng 1.5 1 $18.1,400 00 5111,800 00 0.00 5000 1,00 5111,400.00 412223 Portablia Hard Chain Iddidt & Trolley LS 1 51,200 00 51,200 00 0 OU $0.00 1.00 51.200 00 4.61200 Water System Suarage Tanks IS 526,200.00 526,200 00 000 SO 00 IMO 526,200.00 444255 VertddI Split CaSe Bodges Pumps 15 1 520,200.00 $78,200.06 0.00 50.00 1.00 628,200 00 444415 Ca> ChImina ton Sytem LS 1 5101,500 00 5101,57000 ODD $000 1.00 $101,500810 33 SCADA INTEGRATION AND SYSTEM IMPROVEMENTS ISCADA CONTRACTOR) LS 1 530,000.00 530,000.00 0 $0 515,000.00 1,00 530,000,00 34 PROCESS INSTRUMENTATION AND CON'ROL (SYSTEM INTEGNATORI 15 1 5215,000.00 5215,000 00 0.00 50.00 1.00 S215,000 00 35 230 KW GENERATOR SET LS 1 $105,C00 OD 6105,000.00 0.00 50.)10 1 GO $105,000.00 36 UTIUTY ALLOWANCE. (ELECTRIC, NATURAL GAS. TELECOMMUNICATION/DA L5 1 510,000.00 510,000.00 000 $0.00 0.02 $109.25 37 HOLDING TANN AND ASSOCIATED PI8ING LS 1 $20,000 00 520,000.00 0.00 50.00 1..0(1 $20,000.00 38 EROSION CONTROL BLANKET SY 626 52.00 $1,250.00 000 50 00. 625 00 51.25o.00 SUBTOTAL . OWISION S 51,143,250.00 518,710.00 $1,133,430 75 CHANGE ORDER(S) C01 Chadge Order 41 (Items .1.7) CO2 Change Ora, 42 (Item 1) CO2 Chang, Order 43 ()tem 1) SUBTOTAL CHANGL ONDENIS/ TOTAt LS 0 (55,048.09) $0.00 I 5 0 52,754 96 $0.00 LS 0 56„136,98 50.00 50,00 0.00 50.00 0.00 $0.00 1.00 56,236.90 60,236 9B 51,306,200,00 525,817.98 1 00 -$5,042 49 1 OD $2,754.96 1.00 S8,236.96 53,943.45 51.296,997.204 Ti IF CITY OF LAKE ELMO STAFF REPORT DATE: February 7, 2017 CONSENT ITEM #: AGENDA ITEM: Accept Resignation of Accountant and Authorize Posting of Position SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Patty Baker submitted her resignation as accountant last month with her last day being February ISSUE BEFORE COUNCIL: Does Council accept the resignation and authorize posting to till the position with a full time employee? PROPOSAL: The Council is respectfully requested to accept the resignation from Patty Baker. Staff is proposing advertising for the position immediately as a full time position with a hiring range of $22.94-27.94/hour. Currently the position works 24-30 hours per week depending on need. The TK DA Cost of Services Study for the utility funds completed in 2016 had identified the need for an additional 'A time billing clerk in 2018. Given the other areas of growth (general fund items such as billings, payroll, etc.) and this opportunity to bring on new staff, staff is proposing to move that time line up a year. The pay range was taken from the Job Classification and Compensation Study presented in January. The market minimum was identified as $22.94, the market average was $26.38 and the market maximum was $27.94. Additionally, as part of the Job Class and Comp Study \mock was done to update job descriptions. An undated description is included in your packet. There are no significant change from the previous job description with the exception ofpossibly changing the reporting structure. If Council decides to contract for financial management services, the accountant would report to the City Administrator as the Finance Director position would be contracted out. FISCAL IMPACT: The estimated cost (wages, benefits and payroll taxes) for the position to be full time is $76,329.74. This is an increase of 538,373 from 2016 actual costs. The Accountant's wage is split amongst four funds-ston-n water (10%), sewer (15%), general fund (25%) and water (50%). OPTIONS: 1) Accept Resignation, Approve New Job Description and Authorize Posting Full Time Position 2) Accept Resignation, Approve New Job Description and Authorize Posting Part Time Position RECOMMENDATION: If removed from the consent agenda: "Motion to accept Patty Baker's resignation, approve new accountant job description and authorize posting MI time position." ATTACHMENTS: • Job Description • Posting C~ Job Title: Accountant Department: Finance Status: Full-time regular position Benefits: Qualifies for full-time benefits ReDmrtinm Relationship: Reports to City Administrator SumerwismrwDuties: This position has nosupervisory duties. Position Details: To perform a variety of accounting functions including accounts payable, payroll, utility billing, account reconciliations, annual budget preparation, year-end audit preparation, and other duties as assigned, Accounts Payable: • Responsible for processing accounts payable • Responsible for Department filing and reporting • Coordinate with Departments to ensure vouchers one properly coded and approved for payment Payroll: " Responsible for processing payroll and all state and federal related reporting w General knowledge of benefits and new hire requirements • Responsible for gathering oftinnesheets, data entry of time, and issuance of electronic transfers to employees, Utility Billing: • Provide customer service on -site, front counter, e-mail inquiries and phone calls = Responsible for utility billing processing: including processing bills, payments and adjustments asneeded m Complete assessment and utility search inquiries • Assist the Finance Director in preparing the annual assessment report for the County = Working with Public Works asnew meters are set-up and meters are shutoff Annual Financial Preparation: • Assist with year-end audit schedules and preparation • Assist with budget preparation • Complete monthly reconciliation of Developer Escrow While these are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform e variety of duties as part of their role with the Position Reauiremments Knowledge, Skills and Abilities: • Works well with internal staff and provides them with accurate and hnne|y financial reports and problem resolution when appropriate • Makes minimal errors completing recurring entries, bank reconciliations, monthly billings, calculations, subsidiary spreadsheets, accounts payable and payroll processing = Ability to perform with minimal supervision " Contributes to the team effort and positive image of the Department by consistently providing o high level ofsupport to internal and external customers • Promptly resolves accounting problems in a constructive and well -documented manner ° Maintain internal and external relationships via in -person, phone, or e-mail with residents, vendors, auditors, staff, realty agents and bank professionals Education: four-year degree in business, Uborn| arts, or accounting Requirements: Minimum of two years' experience in payroll, accounts payable and general ledger experience Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook * Web Browsing ° Basic Computer Mapping (Goog|e Maps, Bing) • Adobe PDF Viewer ° Microsoft Office Products Desired Qualifications • Education and experience inaccounting and finance • Ability to exercise independent judgement and discretion in decision -making = Ability to effectively problem solve using analytical and strategic thinking • Knowledge ofprinciples and practices oflocal government • Advanced computer software experience and proficiency in Word, Xce| and other financial software packages Physical and MentalRequirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light -duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. The individual may encounter unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. **Thephysical demands described here are representative tnthose that must bemet byon employee to successfully perform the essential functions ofthe job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in an office setting Competencies Common to All City Positions: ° Develop, maintain athorough working knowledge of, and comply with all departmental and applicable City policies and procedures expected from all staff Develop respectful and cooperative working relationships with co'workars, including willing assistance to newer staff so job responsibilities can be performed with confidence asquickly 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 Bnno 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 per -forming essential functions ofthis job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Triri crry or: I AKE FLMO 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: Accountant SALARY: $22.94 - 27.94/hr ANTICIPATED HIRING RANGE: $22.94 - 27.94/hr OPENING DATE: 2/9/17 CLOSING DATE: 2/23/17 POSITION TITLE: Accountant DEPARTMENT: Finance ACCOUNTABLE TO: City Administrator Primary Obiective of Position To perform a variety of accounting functions including accounts payable, payroll, utility billing, account reconciliations, annual budget preparation, year-end audit preparation, and other duties as assigned. Essential Functions of the Position Accounts Payable: • Responsible for processing accounts payable a Responsible for Department filing and reporting • Coordinate with Departments to ensure vouchers are properly coded and approved for payment Payroll: • Responsible for processing payroll and all state and federal related reporting • General knowledge of benefits and new hire requirements • Responsible for gathering of timesheets, data entry of time, and issuance of electronic transfers to employees Utility Billing: • Provide customer service on -site, front counter, e-mail inquiries and phone calls „.(1,152.25,116-4751.91,X, 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900 • Responsible for utility billing processing: including processing bills, payments and adjustments as needed * Complete assessment and utility search inquiries * Assist the Finance Director in preparing the annual assessment report for the County * Working with Public Works as new meters are set-up and meters are shut off Annual Financial Preparation: • Assist with year-end audit schedules and preparation • Assist with budget preparation • Complete monthly reconciliation of Developer Escrow Minimum Oualifications, Four-year degree in business, liberal arts, or accounting, Minimum of two years' experience in payroll, accounts payable and general ledger experience Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Microsoft Office Products Desirable Qualifications • Education and experience in accounting and finance • Ability to exercise independent judgement and discretion in decision -making • Ability to effectively problem solve using analytical and strategic thinking • Knowledge of principles and practices of local government • Advanced computer software experience and proficiency in Word, Xcel and other financial software packages Physical Requirements Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light -duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. The individual may encounter unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. PLEASE APPLY BY CLOSING DATE: 2/23/17 SEND COVER LETTER, RESUME, LAKE ELMO APPLICATION AND REFERENCES TO: CITY OF LAKE ELMO 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900 ATTN: Julie Johnson, CITY CLERK 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 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900 cirry or AGENDA ITEM: SUBMITTED BY: REVIEWED BY: STAFF REPORT DATE: February 7, 2017 CONSENT ITEM #: 9 CSAH 17 (Lake Elmo Avenue) Phase 1 and 2 Improvements — Approve Cooperative Maintenance Agreement No. 10721 with Washington County Jack Griffin, City Engineer Kristina Handt, City Administrator Rob Weldon, Public Works Director Cathy Bendel, Finance Director Chad lsakson, Assistance City Engineer BACKGROUND: In 2015 and 2016 the City Council approved Cooperative Agreements with Washington County to authorize the County to implement the Phase 1 and Phase 2 Downtown Improvements. The improvements included the installation of city sanitary sewer and watennain, a joint storm water management system including a regional storm water infiltration basin and underground storm water chamber, the reconstruction of city and county roadways, sidewalks, trails, street lighting, streetscape amenities, retaining walls and landscaping. The improvements were installed within both the city and county right-of-ways. ISSUE BEFORE COUNCIL: Should the City Council approve the Cooperative Maintenance Agreement with Washington County outlining the respective ownership and maintenance responsibilities for the Downtown infrastructure improvements? PROPOSAL DETAILS/ANALYSIS: The purpose for Cooperative Maintenance Agreement No. 10721 is to outline the respective ownership and maintenance responsibilities for the Downtown infrastructure improvements between the City of Lake Elmo and Washington County. The general terms of the agreement are summarized below: 1. The city owns and maintains everything in the city right-of-way. 2. The city owns and maintains the regional storm water pond and the 36th Street storm sewer up to the Lake Elmo Avenue connection. 3. The city owns and maintains the sanitary sewer, watermain, landscape plantings, irrigation, and lighting along Lake Elmo Avenue. Repair work for utilities (excavations in the R/W) are done per county permit and at city's expense. 4. The city perfonns minor maintenance of sidewalks, concrete steps, trails and pedestrian ramps. Minor maintenance includes sweeping, debris removal, patching and crack repair. 5. The county owns and shall perform major maintenance of sidewalks, concrete steps, trails and pedestrian ramps. Major maintenance includes repair and/or replacement. 6. The county will not snow plow the sidewalks and trails. The agreement is silent on whether the city will snow plow trails and sidewalks to leave this decision to the city alone. 7. The county will mow boulevards twice per year along Lake Elmo Avenue. 8. The county owns and maintains retaining walls along Lake Elmo Avenue. 9. The county owns and maintains the storm sewer system in the Lake Elmo Avenue right-of-way including the underground storm water chamber, the storm sewer pipe, catch basins, sump manholes and energy dissipaters. FISCAL IMPACT: No cost estimates have been developed for the ongoing iaintenance and replacement costs for the various improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part the Consent Agenda, Resolution No. 2017-011 approving Cooperative Maintenance Agreement No. 10721 with Washington County for the Downtown (CSAH 17) Phase 1 and 2 Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Resolution No. 2017-011 approving Cooperative Maintenance Agreement No. 10721 with Washington County fM. the Downtown (CSAH 17) .Phase 1 and 2 Improvements". ATTACIEIMENTS: 1. Resolution No. 2017-011 Approving Cooperative Agreement 10721 with Washington County. 2. Cooperative Maintenance Agreement No. 10721 with Washington County. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-011 A RESOLUTION APPROVING COOPERATIVE AGREEMENT 10721 WITH WASHINGTON COUNTY FOR THE MAINTENANCE OF COUNTY STATE AID HIGHWAY 17 (LAKE ELMO AVE) PHASE 1 AND 2 IMPROVEMENTS WHEREAS, the County reconstructed in 2015, as Phase 1 of this project (Project), a portion of the City streets; Upper 33rd Street North, 36th Street North, and Laverne Avenue in downtown Lake Elmo as shown on Exhibit A; and WHEREAS, the County intends to reconstruct in 2016 & 2017, as Phase 2 of this project (Project), CSAH 17 (Lake Elmo Avenue) from County State Aid Highway 14 (Old Trunk Highway 5) to 30th Street and a portion of 30th Street North east of CSAH 17, 36th Street west of CSAH 17, 35th Street west of CSAH 17, and 34th Street west of CSAH 17 in Lake Elmo as shown on Exhibit A; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the ongoing maintenance of these roadway and infrastructure improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW, THEREFORE, BE IT RESOLVED, 1. That Cooperative Agreement 10721 between the City of Lake Elmo and Washington County is hereby approved and the Mayor and City Administrator are hereby authorized execute the agreement on behalf of the City of Lake Elmo. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTH DAY OF FEBRUARY, 2017. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk COOPERATIVE AGREEMENT BETWEEN THE CITY OF WASHINGTON COUNTY LAKE ELMO AND WASHINGTON COUNTY CONTRACT NO. 10721 FOR MAINTENANCE OF DEPT. PUBLIC WORKS COUNTY STATE AID HIGHWAY (CSAH) 17 DIVISION TRANSPORTATION TERM PERPETUAL THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County". WITNESSETH: WHEREAS, the County reconstructed in 2015, as Phase 1 of this project (Project), a portion of the City streets; Upper 33rd Street North, 36th Street North, and Laverne Avenue in downtown Lake Elmo as shown on Exhibit A; WHEREAS, the County intends to reconstruct in 2016 & 2017, as Phase 2 of this project (Project), CSAH 17 (Lake Elmo Avenue) from County State Aid Highway 14 (Old Trunk Highway 5) to 30th Street and a portion of 30th Street North east of CSAH 17, 36th Street west of CSAH 17, 35th Street west of CSAH 17, and 34th Street west of CSAH 17 in the downtown Lake Elmo as shown on Exhibit A; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of these roadway and infrastructure improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: I. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and the following: • Exhibit A (Project Phase Map) • Exhibit B (Infiltration Basin/Regional Drainage Pond) • Exhibit C (Bio-Retention Basin) • Exhibit D (36th Street Drainage Pipe) • Exhibit E (Underground Storage System) II. MAINTENANCE/OWNERSHIP A. Upon completion of the Project, the City shall own and maintain all improvements on, under, and adjacent to 30th Street North, Upper 33rd Street North, 34th Street North, 35th Street North, 36th Street North, and Laverne Avenue rights -of -way, including but not limited to: 1. Municipal Utilities, including sanitary sewer and water main. 2. Storm Water Management: Storm sewer trunk lines, lateral lines, catch basins, manholes, drain tile, and rain gardens existing, constructed, or reconstructed on City right-of-way, including the 36th Street storm sewer pipe (Exhibit D). 3. Storm sewer sump manholes and energy dissipaters: The City shall own and maintain all storm sewer sump manholes, and energy dissipaters located within City right-of-way. 4. Infiltration Basin/Regional Drainage Pond: Infiltration basin/regional drainage pond located east of Laverne Avenue and south of Upper 33rd Street North (Exhibit B) constructed under this project. The City will perform major and minor maintenance in accordance with its Page 1 of 5 Municipal Separate Storm Sewer System (MS4)General Permit. The Minnesota Pollution Control Agency (MPCA) administers the MG4 permit which requires atormmxater operators/owners tocreate aGtornlmxaterPollution Prevention Program. 5. Signing: All permanent roadway signing on City right-of-way or adjacent to City Streets shall be controlled bythe City. O' Crosswalk and pavement markings: The City shall own and maintain all crosswalk and pavement markings on its City right-of-way or on City Streets existing or constructed under this project. 7. Pavement: The City shall own and maintain all pavement systems existing or constructed onits City riQht-of-wayunder this project. O. Curb and gutter: The City shall own and maintain all curb and gutter oOits City right-of-way existing orconstructed under this project. 9. Sidewalks, concrete steps, ornamental fence, trails, and pedestrian ramps: The City shall own and maintain all existing, constructed, or reconstructed sidewalks, concrete steps, ornamental fence, trails, and pedestrian ramps on its City right-of-way or on City Streets. 10, Landscaping: All landscape plantings, lighting, and irrigation existing and installed under this project on City right-of-way. 11. Bio-retention Basin: The bio-retention basin located at Reid Park on the north Side of 38th Street North (Exhibit C)constructed under this project: The City shall perform major and minor maintenance of the bio-retention basin in accordance with its Municipal Separate Storm Sewer System (MS4) General Permit. The Minnesota Pollution Control Agency (K8PCA) administers the K484 permit which requires stornnvvahar operators/owners to create a GtornnvvaterPo|/ution Prevention Program. B. Upon completion of the Project, the City shall own and maintain the following improvements on, under. and adjacent to Lake Elmo Avenue (C8AH 17) right-of-way: 1. Municipal Uti|iUen, including sanitary sewer and water main: Roadway pavement, roadway bone, rnadvvayeubQnade. storm sewer, drain tile, concrete curb and gutter, bou|evords, and sidewalks damaged due torepair ormaintenance ofmunicipal utility infrastructure shall be repaired by the City. County roadways shall be repaired tVthe satisfaction of the County and completed after issuance ofapermit from Washington County. 2. 3idevva|ko, concrete nteps, tnai|s, and pedestrian ,annp8 located within the City and County right-of-way: The City shall be responsible for minor maintenance of sidewalks, concrete steps, trails, and pedestrian ramps. Minor maintenance shall include sweeping, debris narnova|, patohing, and crack repair. The County will not complete snow removal on sidevve|ko, trai|s, or pedestrian ramps within the Loh* Elmo Avenue (C8AH 17) or City right- of-way. 3. Landscaping: All landscape plantings, lighting, and irrigation existing and installed under this project nnCounh/r)ght-of-xvaynha||beovvnedendnnaintoinadbytheCity. C. Upon completion of the Project, the County shall own and maintain the following improvements on, under, and adjacent to Lake Elmo Avenue (C5AH 17) right-of-way: 1. Pavement: The County shall own and maintain all pavement systems, roadway pavement, roadway base, and roadway subgrade constructed on its County right-of-way under this project. 2. Curb and gutter: The County shall own and maintain all curb and gutter on its County right- of-way existing or constructed under this pject. 3. Boulevard: The County will mow the corridor boulevards within County right-of-way twice per year. The County may perform additional mowing if needed to provide safety sight distance. This portion of the CSAH 17 corridor from 30th St. N. to CSAH 14 is residential in Page 2 of 5 nature with boulevards consisting 0ysod/o[Ges. 4. Signing: All permanent roadway signing on County roads will be controlled by the County. 5. Crosswalk and pavement markings: All markings on County roads will be controlled by the Counb/, 6, Storm sewer: The County shall own and maintain the storm sewer trunk line and catch basin and leads on its County right-of-way existing or constructed under this project. 7. Storm sewer sump manholes and energy dissipaters: The County shall own and maintain all storm sewer sump manholes, and energy dissipaters located within County right-of-way. 8. Underground Storage System: The underground storage system located at the northeast corner ofC8AH17and JOmStreet North. The County shall perform routine inspections and maintenance and will replace major Componantsupb»andinc|udingfu||rep|aoennontofthe underground storage system (Exhibit E). 0. Retaining Walls and Fencing: Retaining vvGUe located along the west side ofC8AH 17 and within the County hght-of-xvay. All retaining walls have fencing installed ontop which shall bemaintained Uythe County, 10, Sidewalks, concrete steps, trails, and pedestrian ramps located within the County right-of- way: The County will own and perform major maintenance of sidewalks, concrete steps, trails, and pedestrian ramps. Major maintenance shall include repair and/or replacement of sidewalk and pedestrian ramp pane|y, ohaps, and failing trail segments. 11. In order to protect plantings, the County shall not alter inter -maintenance strategies/techniques. O. All maintenance required tobaperformed by this agreement by the Parties shall beperformed in a manner which shall be at the sole discretion of the party so obligated. E. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. F. The County and City will notify each other at least 24 hours in advance of any maintenance activities requiring a lane closure or permit for work within the other party's right-of-way. G. The County will control all parking and other regulations on County roads, subject to any previous Agreements between the City and the County. H, The City will control all parking and other regulations on City roads, subject to any previous Agreements between the City and the County. IV. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. V. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees Page 3 of 5 while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall iDnoway be the obligation urresponsibility ofthe City. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County. V1' INDEMNIFICATION A. The City agrees that it will defend, indemnify and hold harmless the County against any and all Uebi|hv. |msn, donnaQeo, ousts and expenses which the County may hereafter sustain, incur or be required topay byreason ofany negligent act bythe City, its agents, officers oremployees during the performance ofthis agreement. B. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, |oso, dannagea, costs and expenses which the City may hereafter sustain, incur orbe required to pay by reason of any negligent act by the County, its ag8nto, officers or employees during the performance Cfthis agreement. C. Tothe fullest extent permitted by |aw, actions by the parties <othis Agreement are intended to beand shall boconstrued as a"cooperative activity" and itiathe intent ofthe parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Otatutuo, Section 471.59. auhd. 1q(b). The parties tnthis Agreement are not liable for the acts oromissions nfanother party tothis Agreement except tothe extent they have agreed in writing to be responsible for the acts Or UrninoiVns of the other parties as provided for in Geotion471,58. oubd. 1a. O, Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement iscontrolled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04. subdivision 1 (a). VII. DATA PRIVACY All data ooUected, nreated, raoeived, nnaintained, or disseminated, or used for any purposes in the course of this Aopeennerd is governed by the Minnesota Government Data Practices Act. Minnesota Statutes 1904. Section 13.01. etaeq. orany other applicable state statutes and state rules adopted to implement the Act, aowell osstate statutes and federal regulations ondata privacy. ViR' CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. The County shall not assess orotherwise recover any portion nfits cost for this project throuQh|evy onCity-owned property. Page 4 of 5 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized WASHINGTON COUNTY CITY OF LAKE ELMO Cho* Date Mike Pearson Board ofCommissioners Mayor Molly O'Rourke County Administrator Approved eato form: KdadnaHmnck City Administrator Approved aahoform: � Assistant County Attorney Date City Attorney Date Page 5 of 5 Project Phases Phase Phase 2 713r, map IS N fOSilt 0, 2 and .0ra...on of .d recvd$ V1,451.S ‘/Vehmgtor, COU14, , used 22; 222,22,, Viashingtwi • ' al Drainage Pond liAYT(:)\VIN TOWNSIII P \VEST I ,AKELAN ) TO \VNSI-1[1) Lake Elmo Avenue (CSAH 17) - City of Lake Elmo EXHIBIT A ;LA ATCH EXIST u 6TH STREET N. STA. 119+85.0 ;T193000 M2WA BEGIN S.A.P. 052-6IT-00T EM1X4STING ROADWAY BEGIN CONSTRUCTION gPPER .73R0 STREET N. k STA. 55+10.29 0351AN 7E. 05.1, MN SAS OESISVACVECAED Bri NA' AO. ilv1 DATE Rt :/792/14117 NA H END CONSTRUCT LAVERNE AVENUE N STA. 84+08. 5 9357X7 STA. 7+47. "777.777 377777.747777 NA 77777.9777 .E:"""I*6117711g1 ;IP* X AN XururN7Nrur' Nauru SUMNNMONONNUNNYMMUr MO AVENUE (C.S.A.J4. :r1520710 RE7NWW4 UMIMX:Nrouerumuumlf AT N X U N 36TH STREET N. E STA, 124.4712 T153000 lEOP51 A PAY iiMa.:§1A1106-1"-"1 STA. 70+14.001. Al FY A. 10+00.00 1,;,c4.7 rut 5,,,,,,,car.:FzErwr ntrArizn, roovavrou,r,3,zx 64 tern 31 mrNmarA CAND7r3 rm AN737 Ivrivren *Amu rEvina Arsr457N AA. 571///3 E..1 ilOit If; CITY OF LAKE ELMO ..a0e111 n.15.6"'"?"* SEH Infiltration Basin LEGEND EXISTING PAVEMENT I NEW CONSTRUCT ION ^ CONSTRUCTION IIVITS INPLACE TOPOGRAPHY 15 REMOVAL PLAN SANI/ARX SERER 4 WATERMAN PLAN CONSTRUCTION 9 DRAINAGE PLAN TURF ESIADA ISNIAENT ADO EROSION CONTROL PLAN INA ILTRAT SON #74SIN GRADING PLAN (SDNA) SIGNING 01)4341140 PLAN UP/5 [CDP•I LANDSCAPING PLAN ...0 eurrumuurumuumumuumt.mmommoporm L“ 200 SCALE IN FEET END S.A.P., gaz 611-007 ORAINAGE END CONSTRUCTION UPPER 33R0 STREET N. E STA. 744.17. NO.7777NNIMU7NMUNUN :::0 .7.0”..40...........rn 1 ; I i .7. CEPA] ii".”414.66../.01$1,10V1.416FMF06.00006010," Alk#00.0016,1111,0.1111'ItilltIliA61.191€0"1401,110MJ44g”rrae6.s..,"illi3.”004 Washington Ceunty WASHINGTON COUNTY, OLD VILLAGE PHASE I STREET ANO LIT IL ITT IMPROVEMENTS CITT PROJECT NO. 2014-13T S.A.P. 06Z-611-007. S.A.P. 206'106-001 GENERAL LAYOUT 0 0492 ExISCING 92A NEW R44 10 BASIN CROSS SECTION A -A PONO BOTT014.916.50 BERM CROSS SECTION B-B 2' 918. 0 DESIGN 7E0A 1 88480 BYt ,A, ms.m CHECkED BY: ° 1 0, 916.50 DATE 1.5' 2041510740 51 3511 I INP'IL. ASIN CONTOUR POINTS POINT XIYIELEV. 500 4891 9. 3 192173,301 916,50 89091, 5 192199.76 5jjS0 89084.42 192282.08 16.50 3603 489084.54 192398.96 /6.50 3504 489108,17 192402.34 916.50 1 3505 499166.16 192425,16 916.50 Ssa 469171.63 192421.23 918 50 22 4507 489777.65 192176„01 16.50 I 3508 489174.21 192174„13 510.50 3509 489192:5211921/6.0 16.50 3510 489156.611192180.351 .5 9160 3511 489182.67 192429.24) 916.50 3512 489185.00 292431.o0j 5J5.58 3573 489454.69 192525''SOY516J0 3514 489647.30 192588.54 16.50 3515 489/04.45 192544. 16.50 3516 489700.87 192393.91 91..50 3511 489693.72 192210,44 916,50 3518 489649.95 192174.03 416.50 3619 489565.87 192183 61 016 50 3520 489255.53 3521 1489179.92 3522 469179,88 192356,77 528,08 3523 489100.30 192153.23 24.06 3524 489068.53 02184.71 824,00 3555 499091.79 192377.05 3526 499089,47 3527 489299.46 3528 489666.97 3529 489/28.70 3530 489/24, 3 3531 459213.02 3532 469665.34 3533 3534 3535 3538 3537 538 3539 3520 INFILTRATION BASIN BOTTOM = 916.50 HIVLwo= 923.36 TOP = 924.00 60 SCALE IN FEET 3041 3523 192151.98 916.50 192271.51 918.00 192496, B 924.00 19'2620.68 924,00 192596,81 924.00 192405.44 24.011 192182 90 24.00 192151.47 4,00 489581.65 192159.4 4.00 489345.11 192156,42 9.24.00 459125.661 192132.00 930,00 489059.061 T92/43.54 930,00 489849.307 192185.71 930.00 489042.01 192382.21 538.08 489069.21 192430.88 930.00 459642 Z7 192132.29 430.00 459288,90f 192141.42 430.00 489126.791 192299.69 926.00 „'-04814:1,F.i7'884 4i17;1"0'47..F:0'74'. P.m. W.,* 88470 XL 7E704 Om 6.0.242212 P.£ vx.siS Watt (Ht. S EH CORNER POINTS POINT! 8 CORI 459030.12 192426.95 459256,1 293.55.33 8723 459756.64 192132.95 0584 459030,64 192126.40 35' 093 WASHINGTON GOuN7Y.144, MO VILLAGE PHASE I STREET AND UT IL ITT IMPROVEMENTS CITY PROJECT NO.2014-131 052-617-001, 5.3.9,206-106-001 3 14 PR0P05E2 SANITARY SEwER 18Y OTHERS/ POND GRADING PLAN 1NFILTR8T18N BASIN SEE 5H6E147 FOR STORM OuTLET Z .11326 LJ LLI f-- CC 1- LAI VI 2 Tr, TAI C:3 LAI NI VI LIAO I Z 0 2.1 CC, EYA (5) < Tr, DASIN SHALL NOT REGEWE STORMWAYER DISCHARGE UNTIL TURF IS FULLY ESTABLISHED, PUMPING ANO PLUG/DALE PAID FOR UNDER 250 STOku WATER MANAGEMENT 12_2 .11333 A = 56 905 90,00' V.C. 900 941" . 895 030303 '' -- 890 885 880 ,,ES128.9. PRR .ERP0 91.00' 18" RCP 0 0.302 .1135T AMS, 64 = 82 3000V.C. 1,08 POINT SIM 99.44,44 EL. 898.81 8 • 6 P0,400 0.180 1- 98,55' ., 66.5- 2'. 18' PCP gg ;'19-1 REP ,-, vE .• 100 PEP:WO,E BIO-RETENTION BASIN c. 30TH STREET N 4 141 MRTI LANE THRU LANE TAME_ 'SUMAC .11377 APROF11 C MADE g TOP OF FINISHED PROFILE 0.83' TO --GRADING 46600 + ........ 2.0' SELECT - GRANULAR FAMANANENT 30TH 0,70% sIT-1 48_2! TREET N 28; T2.409 ... RIG, poINT STA. 102.11.88 2. EL. 500.11 4,4* )01 102 tt,t- t .FV3. 6931E9m1. SSD . 393' 6 = 29 90.00' Y.C. 21 5)4 10 61B GAG CITY PARK ENTRANC _r-414.T/5 Loossi .11443 ED SCALE IN FEET 8618 CIO ,PEPEREPtm p.p.tutt 03553 — 1 LEGEND EYISTING ROADHAy PROPOSED MAMA. CONSTRocTION EMITS pROFTEkry LINE DIMING RIGHT-CP-WA. HEAT RIGHT-2-8A 4840,09Apg EASETTEAT REMANENT EASTMENT Washington 2 e2 2 2 ... 8.39 129.00' MG, LOA POINT STA. 104.27.29 FL. 895.6..44 CE2 RIO-RE-11E NECON E31\512, ,k—ESPROPDSEE SI0,00 SERER 4. PERP PE PEPE MATN THAENTELF TYPE SPECIAL STORM ETR4295URE ATEMFP RANEDOM PIPPO. WITH MOTEMIGE FILTER SUPERELEyATION TAMMT, ,s2 SUPERZTVAMON PLANE ;IMPOSED RETAENMEG HALL ExISTING GROUND LINE ... „- .... ... .. . ......... . ... ...... 90,40' 057.tOR 3 2 ... G4_ 1,122246 O19.972 104 105 106 wRSHINGTOR COUNI,,VN. OLD VILLAGE PHASE 2 STREET AND UTILITY IMPROVEMENTS 5R,64,082-617,013.5.4.4,'.206-104-042 CONSTRUCTION & DRAINAGE PLAN AND PROFILES 3010 STRCET H. 54A 98,00 - 06.E.0 905 900 895 890 885 INF EL . BASIN CONTOUR POINTS row Et VV. 1 3133' 333544.33 .1333331.4. 4, 53 431133 .351 133' 331/ 3 411\I 443133\ +1 4551I.J.: ,S355,3 4. • 33 II-31.33 303,11.33 v4,5, 11.5 3,311 IS5353.3:. 3,13 JJ33 1.147.53 JARVIS JANE CLAN/SR vI 1356 CU\ 03 EL/40 / 1.7 f , f 4107 11 \ \ 4,2\ \ A 1 00 pv31 4331314v1 ------- , 434 434 4344 4315 / \ / r 4107 \ roo, \ P 4:06 t ar/ r r„ 4105 47. RWL v 89800 EU 010 BASIN CROSS SECTION A -A :oR flOW ART- 2' BASIN DOT TOKI,89-1,0 3 av f 4344434, 33;43:3_ ki:V4H Rvstr 3.354:44 P43,4 451,5,2,X .414, 3,11. .33R33 "Jur SEH FOND TOP 89B, 0 30TH STREET N 101 ',ASH COJNTY, RR, OLD VILLAGE PHASE 2 STREET AND UT IL I TV IRPRDVERENTS S.A.P.0137-613-013, 5.A.1..25L-IC9,002 BO T 1.0I,1 OF 1 LTEri (IPSO IL HORROR RP I . 5 20 SCALE IN I LE T GRADING PLAN 03441 IENT ION RASP, ORB IBBORH DRAINAGE. 33E82 15 —DR 'A. +- LAI MI Oct /cf VI VD ' f--800.6 •53.4-1 1 4- 935 930 930 925 _„.. 920 915 910 1.051 TO GRADING GRADE „ 88151111,M, GROUND L I NE 1.08TO -GRADING GRADE 43+ 43 43549 RRO3116 GRADE - 10P W 8 IN;SRED PROF ILE F3 A, ................... ..... ,,,,,,,, ,,,,, 185.351_ 43s SPAN RLPTE 8 0.604 4 1 RCP 4, (L40% fiEVIC,1C,S 42 6TH STREET N ,SSE INSti A? t3610 _ Jus 844814388 .49A i I' THRu LANEL II' INRU LANE 11 RTL 535 CSAH i 7 VLIa 3ND. ON 0 58z .0E 99 999— 979, D. . • 360] HIGH POINT STA. 43+33,28 ET 93D. IT 948 ;91 4t 2,0* SELECT ESI 'Al' 2N'ETT ' 3; GRANUL AR 0 0.403 EDDAISMIRM SSD 1045' 143 83 00., 00 V. n,°44_1p: • 0 0 . 50Z 43 44 ,ccot• 1, .ttfs,pt. Jr,cr i?ca N7ye , tectlft, . SEM 5' sty 1-5,1t 4 ashington Cuuny DRAINAGE PIPE .3615a +3 HE 90.00' E.G. EII127 A35.47 END S.A.P. 082-617-033 MATCH EXISTING ROADWAY END CONSTRUCTION \ CSAN IT 4. STA 46853.28 Attl11 EXIST IDS Rasps., PROPOSED ROADIAM ..... COMSTFZUCT ION I 5 °ROPER ft 1186 13 tS3 INC -809 803 RICIMPOr MAT 168005879 EASEADINT - PERAMDEDI EASEDENT 108 Pow. 5T4. 43.96,96 9.. EL, 929, 9? :4 3.. 'kr 3:.,F,:' 23E' D D- D--- _ s. .... 930 I NSE A •35BZ MINIMUM I' COVER OvER PIPE EGEND PROPOSED SIORD SEDER AmmtRo. Am A" PERf PE PIPE ORA ID ....mats ORA 1141 RE MPS SPECIE/. LAID -0.50% IWO' SELECT GRANULAR ER848E-NENE USN INGIGR COuNTT,MR. OLD RILL ACE PHASE 2 STREET AND UT IL I TY IMPROVEMENTS 5.4.P. TOWERS-013. 5.4.8.206T104-002 S WONT STRUCTURE NURRER 841+508 R IPRA14 ATER GETTEx 1 IL E f IL TER SUPERS EVA ION WIT'S I ) SEE SuPERETEPAT 10R CL PROPOSED RE T 4 ENING WALL 36TH STREET N Ex I SE ING GROUND 1.1445 - PROPOSED IRISH( 0-1, GRADE 0.83' 10 Is GRAD INC GRADE SEE SHEET CDR i2 F oR DRAINAGE PROE ILE r- a0 (r, K 36 30. 00' V.C. L's' LON POINT 13E4. 101413.50 EL . 9:18. 92 -O. 50'4 0; 67 CONSTRUCT ION g4 DRAINAGE PLAN AND PROFILES 945 940 0 0, M 935 os 03 0' 930 as o ,sr ,„--ss Di VI f-- °R- un a co 436 ss) es, •sr 4,41 . a s == - + + + CD .1,. 99.DE,9• a. 6.E74: > 920 > 12/ CS. IT IL 43F 13313 AvENRE 343 19+90 - 41-5 25 915 77.7 .717/44 815 915 44.44? ,0-44, 444, 5t • Et 7t4, FF =44, a A, 4.44.12-47 4,44,44444„ 935 935 _910 930 905 925 900 1 92D 920 895 915 915 890 „Aar '006a, SEH Lounty Wtsljjngton 935 935 930 _ 2.3 925 0 trr 0 3 920 ,44 915 930 925 n.1 LO. >77 7' 7 AA '44. 44A 34.47' 12" RCP 01,1 D 0.9614 VOSN INCILN CCU,/ I r,k01, OLD VILLAGE PHASE 2 STREET AND UTILITY ImPROvEREHTS 5,AP. C82-61,-013, 5.A.P. N16-I00-000 'g 12- Fici, 920 9 0, 9014 935 930 925 970 915 915 DRAINAGE PROFILES c5A.-I 910 905 900 895 890 905 900 895 890 885 880 14%1 N IL AN 9EG1N 0.A,P. O0Z-677-013 MATCH E% STING ROADWAY BEGIN CONSTRUCTION CSAH IT STA 5•43.01 EXISTING R6407'0Y PROPOSED ROAOw41 CONSTRUCTION l IMITS PROPERTY LINE Exi511NG RIGHT-OF-WAY — NEW RIGH1»0E-WAY -»1E4PORARY EASE41Et1T —.PERMANENT E+SEMENI CSAHI7 µ07 CANE TNT E 624 Ca4\ LEGEND pRODOSCO 510RM SEWER _—>..... ,, .4' PERT PE PIN DRAIN 7' STORM 51944T4RE 14U43ER CRITICAL C09619001109 AREA, CONTRACTOR 54141-L REMAIN WITHIN; CONSTRUCTION 111.111 LINE SUPERELEV4TION i7If90! +SEE SUPERELEVATION RLAN1 --- --A--- PROPOSED RETAINING WALL 550 . 1164' K = 193 185.00' V,C. 444131iK : 7 6+55.89 EL. 905,04 SSD A 517' K 73 90.001 Y.C. *2976 A2965 8624 CSAH 17 2.0' SELECT 094040LAR 21.19399900 10 60 SCALE IN :FE1 UNDERGROUND STOR.AGE` SYSTEM SEE SHFF 11 m-sa12 1.aDERGROUN0 STORAGE SYSTEM 1SEE SHEET 107 1 E045T KASIIIIIGIGN COUNL7,4N, D VILLAGE PHASE 2 STREET AND UTILITY I4PR0VE4ENT5 OIT'617-V11. 5.4,P. 306-IVd-OU/ 43065 LON POINT s1A. i2+45.55 Et, 903.15 4Cw903.65 0.6b3"t 9 STOEM T I07, PROFILE GRADE - TOP OF FIN15NE0 PROFILE 2 13 CONSTRUCTION & DRAINAGE PLAN AND PROFILES mu ELUO AVENULI 574 5.44 - 14.25 2 905 900 895 890 885 880 PROJECT INFORMATION ENGINEERED J110MERCHIEWIT2 PRODUCT 612-287,24 I3 MANAGER: JIALMERCIILEWITZIPADSTIRE.CLITI TOM ROONEY ADS SALES REP, 612.756-3652 TOM.ROONEY5LADS.PIPTCOA1 PROJECT NO: 128361 ADVANCED DRAINAGE SYSTEMS, INC, CSAH 17 LAKE ELMO, MINNESOTA STORMWATER CHAMBER SPECIFICATIONS 1. CHAMBERS, SHALT BE STORMTEC/ I 1,4c-4500 OR APPROVED EQUAL, 2. CHAMBERS SHALL BE MANUFACTURED FROM VIRGIN. INTPAGT,MODIFIED POLYPROPYLENE COPOLYMERS. 3, CHAMBER ROWS SHALL PROVIDE CONTINUOUS, IBTOEISTROOTED INTERNAL SPACE WITH NO INTERNAL SUPPORT PANELS TFIAT WOULD IMPEDE FLOW OR LIMIT ACCESS FOR INSPECTION. TI IE STRUCTURAL DESIGN OF THE CHAMBERS, THE STRUCTURAL BACKEILL. AND THE INSTALLATION REQUIREMENTS SHALL ENSURE I I IAT THE LOAD FACTORS SPECIFIED IN THE AA55110 1550614100E DESIGN SPECIFICATIONS, SECTION 12,12. ARE MET FOR: 1; LONG-UURATION DEAD LOADS AND 2) SHORT -DURATION LIVE LC/ADS. BASED ON THE AASHTO DESIGN TRUCK YVON CONSIDERATION FOR IMPACT AND MULTIPLE VEHICLE PRESENCES. 5, CHAMBERS SHALL MEET 1 HE REQUIREMENTS OF ASTM F2,I18 'STANDARD SPECIFICATION FOR POLYPROPYI ENE TPT:0 CORRUGATED WALL STORMWATER COLLECTION CHAMBERS'. 5,. OHAAIBERS SHALL BE DESIGNED AND ALLOWABLE LOADS DETERMINED IN ACCORDANCE. WITH AS TM 52782. "STANDARD PRACTICE FOR STRUCTURAL DESIGN C/F THERMOPLASTIC CORRUGATED WALL STORMWATER CEJLLEC:TION CHAMBERS', 7, ONLY CHAMBERS THAT ARE APPROVED BY THE SITE DESIGN ENGINEER WILL CiE ALLOWED, THE CHAMBER MANUFACTURER SHALL SUBMIT THE FOLLOWING UPON REQUEST TO THE SETE DESIGN ENGINEER FOR APPROVAL BEFORE DELIVERING CHAMBERS TO THE PROJECT SITE: A STRUCT ORAL EVALUATION SEALED BY A REGISTERED PROFESSIONAL ENGINEER THAT DEMONSTRATES THAT THE SAFETY FACTORS ARE GREATER THAN OR EQUAL T01,95 FOR DEAD 1.0A0 AND I,7F, FOR LIVE LOAD. THE MINIMUM REQUIRED BY ASTM F2787 AND AY AASHTO FOR 1HEKTOPLASTIC PIPEAJ E. A STRUCTURAL EVALUATION SEALED ny A REGISTERED PROFESSIONAL ENGINEER THAT DEMONSTRATES THAT THE LOAD FACTORS SPECIFIED IN THE AASHT0 LRF D BRIDGE DESIGN SPECIFICATIONS, SECTION 12.12, AF3E 91E1. THE 50 YEAR CREEP MODULUS DATA SPECIFIED IN ASTM F2918 MUST BE USED AS PART OF THE AASHTO STRUCTURAL EVALUATION TO VERIFY ONG-TERTI PERFORMANCE. c. STRUCTURAL CROSS SECTION DETAIL ON WHICH THE STRUCTURAL EVALUATION IS BASED, 8. CHAMBERS AND END OAPS SHALL BE PRODUCT1D AT AN ISO SOO CERTIFIED MANUFACTURING TACIUTY. -17 138 - PROJECT INFORMATION ENGINEERED JIM EAEP.GHLEWIT PRODUCT 612,387-2.113 MANAGER: JIM.MERCHLEWITZETADS-PIPE.C.01.1 TOM ROONLY ADS SA..ES REP; 612.756-3552 TO1311008E7383ADS4111E.001d PROJECT NO; I 2930 ADVANCED DRAINAGE DRAINAGE SYSTEMS, INC. CSAH 17 LAKE ELMO, MINNESOTA IMPORTANT NOTES FOR THE BIDDING AND INSTALLATION OF MC-4500 CHAMBER SYSTEM STORMTECH MCAMOO CHAMBERS SHALL NOT BE INSTALLED UNTIL THE MANUFACTURER'S RE PRESENTITIVE HAS COMPLETED A PRE-CONS1RUCTION MEETING WITH THE INSTALLERS...! 2 STORMTECH MC-1500 CHAMBERS SHALL BE INSTALLED IN ACCORDANCE WITH THE "STORMTECH MC...M100/MC.4500 CONSTRUCTION BUIDEMV 3, CHAMBERS ARE NOT TO BE I3A0KEILL ED WiTH A DOZER OR EXCAVATOR SITUATED OVER I IE CI IAMBE RS. STORMTECH RECOMMENDS 3 BACKHEL METHODS: STONESHOOTER LOCATED OFF TI1E CI {AMBER BED. BACKFILL AS ROWS ARE BUILT USING AN EXCAVATOR ON THE EOUNDATION STONE OR SUBGRADE, • BACAVILL FROM OUTSIDE THE EXCAVATION USING A LONG BOOM HOE OR EXCAVATOR. 4, THE FOUNDATION STONE SHALL BE LEVELED AND COMPACTED PRIOR TO PLACING CHAMBERS. 5 JOINTS BETWEEN CHAMBERS SHALL BE PROPERLY SEATED PRIOR TO PLACING' STONE. MAINTAIN MINIMUM- 9" (230 nor) SPACING BETWEEN THE CHAMBER ROWS.M 7, INLET AND OUTLET MANIFOLDS MUST BE INSERTED A MINIMUM OE 17 MOB meM INTO CHAMBER END CAPS. E. E7IBED31ENT STONE SURROUNDING CHAMBERS MuS I OE A CLEAN. CRIESHED, ANGULAR STONE 3,4-2.- 120-50 .7,,04MEETiNG THE AASHTO $143 0E510NA-110310F OR 8;1,$J 9. 911049 SHALL DE BROUGHT UP EVENLY AROUND CHAMBERS SO AS NOT TO DISTORT THE CHAMBER SHAPE. STONE DEPTHS SFIOULO NEVER DIFFEFi Bv MORE THAN 12" (300 5,1) BETWEEN ADJACENT CHAMBER ROWS.,J ICE STONE ATUST BE PLACED ON THE TOP CENTER F)F THE CHAMBER TO ANCHOR THE CHAA1BERS IN PEACE AND PRESERVE ROW SPACING.^.1 11. ADS RECOMMENDS THE USE OF -FLEASTORNI CATCH FIT INSERTS DURING CONSTRUCTION FOR ALL INLET S TO PROTECT THE SUBSURFACE STORMWA1 ER MANAGEATENT SYSTEM FRONCONSTRUCTION SITE RUNOFF, 101 1 13$ : PROJECT INFORMATION ENGINFERFD JIM MERCHLEWITZ PRODUCT 012.367.2413 MANAGER: JIMIAERCH,EVOTZ(thADS-PIPE,COM TOM ROONEY ADS SALES REP: 61Z./50-3552 7OM.ROUNEY@ADS-PIPE CON. PROJECT NO: 128331 ADVANCED DRAINAGE SYSTEMS, INC. CSAH 17 LAKE ELMO, MINNESOTA NOTES FOR CONSTRUCTION EQUIPMENT 1, STORMTECH MC.4500 CHAMBERS SHALL BE INSTALLED IN ACCORDANCE WITH THE "STORMTECH MC30cIC-41500 CC -INSTRUCTION GUIDE"."J 2 THE USE OF EQUIPMENT OVER MC-4533 CHAMBERS IS LIMITED: • NO EQUIPMENT IS ALLOWED ON BARE CHAMBERS. • NO RUBBER TIRED LOADER, DUMP TRUCK, C)R EXCAVATORS ARE ALLOWED UNTIL PROPER FILL DEP I HS ARE REACHED IN ACCORDANCE WITH ME 'STORMTECH MC.350(51.10-4500 CONSTRUCTION (RADE'. • WEIGHT LIMITS FOR CONSRUCTION EQUIPMENT CAN BE FOUND IN THE "STORMTECH MC-3500TAC-4503 CONSTRUCTION GUIDE", 3, FULL 35(300 ron) OF STABILIZED COVER MATERIALS OVER THE CHAMBERS IS RF QUIRE° FOR OUMP TRUCE TRAVEL OR DUMPING, USE OF A DOZER TO PUSH EMBEDMENT STONE BETWEEN THE ROWS OF CHAMBERS MAY CAUSE DAMAGE TO CHAMBERS AND IS NOT AN ACCEPTABLE BACKFILL METHOD. ANY CHAMBERS DAMAGED BY USING THE "DUMP AND PUSH" METHOD ARE NOT COVERED UNDER THE STORMTECH STANDARD WARRANrY.^J CONTACT STORNITECH AT 1-8518-89242094 WITH ANY QUESTIONS QN INSTALLATION REQUIREMENTS OR WEIGHT LIAIITS FOR CONSTRUCTION EQUIPMENT, 109 '- 1381 PROPOSED LAYOUT 148) sToRroTECH MC-4500 CHAMBERS 4) SI ORFATECH 11C-4E03 END CAPS INSTALLED WITH i 2COVER STONE, 17 EASE STONE, 40% STONE VOIO INSTALLED SYSTEM VOLUME) 9,727 CF (INCLUDES PERIMETER STONE) AREA OF SYSTEM) 2 234 FT' PERIMETER OF SYSTEM: 253 ET PROPOSED ELEVATIONS MAXIMUM ALLOY:ABLE GRADE (TOP OF PAVEMENFiUNPAVE.0). MINIMUM ALLOWABLE GRADE llINPAVED WITH TRAFFIC), 1..1841MLIM ALLOWABLE GRADE IUNPA.VED NO TRAFF MINIMUM ALLOWABLE GRADE (BASE OF FLEXIBLE PAVEMENT): MINIMUM ALLOY:AB) F GRADE :TOP OF RIGID CONCRETE PAVIE1ENTI: TOP OF STONE: TOP OF CHAMBER: )0" BOTTOM CONNECTION INVERT: BO I TOM OF CHAMBER) UNDERDRAIN INVERT: BOTTOM OF STONE, Bor.27 907.77 9)11.27 902.27 902.22 901.22 900.27 885.62 895.27 8.93.77 893.77 STRUCTURE 120C )DESIGN BY ENGINEER i PROVIDED BY OTHERS) 311*) X 311)) ADS N.-12 BOTTOM CONNECTION INVERT 2,95' ABOVE CHAMBER BASE SIZED PER ENGINEER DESIGN (SEE NOTESI 24" CORED END CAP PARTE MC-1500REPE30EC -))) TYP or ALL 1.1C-1500 33' CONNECTIONS AND ISOLATOR ROWS PLACE SNAPS TN 220 GEONET OVEFT BEDDING STONE - AND UNDERNEATH CHAMBER FEET FOR SCOUR PROTECTION DOWN THE LENGTH OF BOTH ROWS A' ADS IN..12 DUAL WALL PERFORATED HDPE UNDERORAIN )SIZE TEE) BY ENGINEER) 1 I ) 1 , I , „.. i 1 NOTES • MANIFOLD SIZE TO BE DETERMIWO BY SITE DESIGN ENGINIEER. SEE TECH SHEET 42 FOR ILIANI7oLLED,:)zplii LLIJOANCE.) • DuE TO THE ADAPTATION OF THIS CHAMBER SYSTEM TO SPECIFIC) SITE AND DESIGN 0O9STRAINE.3.11-L.A8-9E. NECESSARY TO CUT AND COUPLE ADDITIONAL PIPE TO STANDARD MANIFOLD COMPONENTS IN TIIE FIELD, 81.84) 71,46' ; I ,....,..)1,•)ET)=»)..Q,Zem));»,•-)----81),..)))..)))•••E))»•••••••».•8» ')».• 30* X nos N-12 BOTTOM CONNECTION SIZED PER DESIGN ENGINEER INVERT 2,910ABOVE CHAMBER BASE ISEE NOTES) OCS 120 OUTLET CONTROL STRUCTURE - IDESIGN BY ENGINEER, PROVIDED BY OTHERS) SHEET 4 OF 6 ACCEPTABLE FILL MATERIALS: STORMTECH MC-4500 CHAMBER SYSTEMS MATERIAL LOCATION FINAL FILL: FILL MATERIAL FOR LAYER "D' STARTS FROM THE TOP OF THE'0' LAYER TO THE BOTTOM OF FLEXIBLE PAVEMENT OR UNPAVED FINISHED GRADE ABOVE. NOTE THAT PAVEMENT SUBBASE MAY BE PART OF THE '0' LAYER DESCRIPTION ANY SOIL/ROCK MATERIALS, NATIVE SOILS, OR PER ENGINEER'S PLANS. CHECK PLANS FOR PAVEMENT SUBGRADE REQUIREMENTS. INITIAL FILL: FILL MATERIAL FOR LAYER "C' STARTS GRANULAR WELL -GRADED SOILJAGGREGATE MIXTURES, <35% FROM THE TOP OF THE EMBEDMENT STONE ID' FINES OR PROCESSED AGGREGATE, LAYER) TO 24' (600 mm) ABOVE THE TOP OF THE CHAMBER. NOTE THAT PAVEMENT SUBBASE MAY BE A PART OF THE 'C' LAYER. EMBEDMENT STONE. FILL SURROUNDING THE B CHAMBERS FROM THE FOUNDATION STONE ('A' LAYER) TO THE 'C' LAYER ABOVE, FOUNDATION STONE: FILL BELOW CHAMBERS A FROM THE SUBGRADE UP TO THE FOOT (BOTTOM) OF THE CHAMBER, AASHTO MATERIAL CLASSIFICATIONS MOST PAVEMENT SUBBASE MATERIALS CAN BE USED IN LIEU OF THIS LAYER, 3, 357, 4, 4 CLEAN, CRUSHED, ANGULAR STONE CLEAN, CRUSHED. ANGULAR STONE WA AASHTO M145' A -I, A-2-4, A-3 OR AASHTO Mai' 56, 57, 6, 67, 68. 7, 76, 8, 99, 9, 10 AASHTO 6443' 3,4 AASHTO M43' 3, COMPACTION / DENSITY REQUIREMENT PREPARE PER SITE DESIGN ENGINEER'S PLANS, PAVED INSTALLATIONS MAY HAVE STRINGENT MATERIAL AND PREPARATION REQUIREMENTS. BEGIN COMPACTIONS AF TER 24" (600 mm) OF MATERIAL OVER THE CHAMBERS IS REACHED. COMPACT ADDITIONAL LAYERS IN 12' (300 mm! MAX LIFTS TO A MIN. 95% PROCTOR DENSITY FOR WELL GRADED MATERIAL AND 95 % RELATIVE DENSITY FOR PROCESSED AGGREGATE MATERIALS, NO COMPACTION REQUIRED. PLATE COMPACT OR ROLL TO ACHIEVE A FLAT SURFACE," PLEASE NOTE: 1. THE LI51 ED AASHTO DESIGNATIONS ARE FOR GRADATIONS ONLY THE STONE MUST ALSO BE CLEAN_ CRUSHED, ANGULAR FOR EXAMPLE, A SPECIFICATION FOR 64 STONE WOO D STATE. "CLEAN. CRUSHED, ANGULAR NO. 4 (AASHI0 M43! STONE". 2. 51'ORMILCH COMPACTION REQUIREMENTS ARE 61E1 FOR LOCA I ION MATERIALS WHEN PLACED AND COMPACTED IN 0" (230 mine (MAX) LIT I S USING TWO FULI. COVERAGES WITH A VIBRATORY COMPACTOR. 3, WI'ERE INFILTRATION SURFACES MAY BE COMPROMISED BY COMPACTION. FOR STANDARD DESIGN LOAD CONDITIONS, A FLAT SURFACE MAY BE ACHIEVED BY RAKING OR DRAGGING WITHOUT COMPACTION EQUIPMENT. FOR SPECIAL LOAD DESIGNS, CONTACJ STORMTECH FOR CO1PAC110N REQUIREMENTS, ADS GEO PERIAIE1 ER STONE ,_ ISEE NOTE 5) EXCAVATION WALL (CAN BE SLOPED OR VERTICAL) NOTES: THETICS 601 T NON -WOVEN GEO T EXTILE ALL AROUND CLEAN. CRUSNEU, ANGULAR STONE IN A 6 B LAYERS, __ MC.4500 -- END CAP SUBORADE SOILS — (SEE NOTE 41 PAVEMENT LAYER (DESIGNED BY SITE DESIGN ENGINEER) 24' (600 KKK) MIN' (309 mm) MIN 60' (1525 mm) 7.0° (2.1 m) MAX T DEPTH OF STONE TO BE DETERMINED — BY SITE DESIGN ENGINEER 9' (230 mm) MIN -- 12' (300 mm) TYP 1, MC4500 CHAMBERS SHALL CONFORM TO THE REQUIREMENTS OF ASTM F 415'STANDARD SPECIFICATION FOR POLYPROPYLENE (PP) CORRUGATED WALL STORi.IWATER COLLECTION CHAMBERS`. 2, 61C-0500 CHAMBERS SHALL (Jr DESIGNED IN ACCORDANCE WITH ASTM F37N7 "STANDARD PRACTICE FOR STRUCTURAL DESIGN OF THERMOPLASTIC CORRUGATED WALL STQR',1WAI ER COLLECT ION CHAMBERS". 3 "ACCEPTABLE FILL MATERIALS' TABLE ABOVE PROVIDES MATERIAL LOCATIONS, DESCRIPTIONS, GRADATIONS, AND COMPACTION ,REQUIREMENTS FOR FOUNDATION. EMBEDMENT, AND FILL MATERIALS. 4, THE SITE DESIGN ENGINEER 15 RESPONSIBLE FOR ASSESSING THE BEARING RESISTANCE (ALLOWABLE BEARING CAPACITY! OF THE SUBGRADE SOILS AND THE DEPTH OF FOUNDATION STONE WITH CONSIDERATION FOR THE RANGE OF EXPEC IED SOIL MOISTURE CONDITIONS. S. ONCE LAYER `C' IS PLACED, ANY 50101.TA1 ERIAL CAN BE PLACID IN IAYLFF `D' UP TO THE FINISHED GRADE. MOST PAVEMENT SUBBASE SOILS CAN BE USED I O REPLACE ThIE MATERIAI. REQUIREMENTS 01" LAYER'C' OR 'D'AT THE SITE DESIGN ENGINEER'S DISCRETION. 6 PERIMETER STONE MUST BE EXTEIIDEC HORIZONTALLY IO TIIE EXCAVATION WALL FOR BOTH VERTICAL AND SLOPED EXCAVATION WALLS. LAKE ELMO, MINNESOT 12" (300 rnm) MIN INSERTION -8- MANIFOLD S1 UB - MANIFOLD HEADER MC -SERIES END CAP INSERTION DETAIL NIS 12' (300 mml MIN SEPARATION MIN INSERTION 12' (300 Mr01 ST ORMTECH CHAMBERS --- STORMTECH END CAP 12' (300 mrn) MIN SEPARATION - MANIFOLD (LEADER -- MANIFOLD STUB NOTE: MANIFOLD STUB mus-r BE LAID HORIZONTAL EDP A PROPER FIT IN END CAP OPENING. UNDERDRAIN DETAIL NTS STORMTECH END CAP 1-1111'qir STORMTECH CHAMBEF - OUTLET MANIFOLD FOUNDATION STONE BENEATH CHAMBERS 7 ADS GEOSYNTHETICS ,r \ NON -WOVEN GEOTEXTILE -' SECTION A,,A, DUAL WALL PERFORATED HDPE STORMTECH UNDERDRAIN END CAP FOUNDATION STONE BENEATH CHAMBERS (I), ADS GEOSYNTHETICS 601T NON710OVEN CEOTEXPILE NUMBER AND SIZE OF UNDERDRAINS PER SITE DESIGN ENGINEER 4" (100 001110 15-1R SC-310 8 SC71GOLP SYSTEMS 6" (150 moll TVP FOR SC-7710 oc-790. MI073509 8 MC-450D SYSTEMS SECTION 9-9 MC-4500 TECHNICAL SPECIFICATION NTS CREST -, STIFFENING 7718 r, ,777 CREST 1 WEB VALLEY - LIPPER 10NT STIFFENING RIB ') r CORRUGATION FOOT LOWER JOINT GORR. BUILD ROW IN THIS DIREE FloN 43.3" (1227 mrn) INSTALLED NOMINAL CHAMBER SPECIFICATIONS SIZE NV XII X INSTALLED LENGTH) CH700IBER STORAGE MINIMUM INSTALLED STORAGE' WEIGHT 100.0' (2540 rnm) 100.0" X 680" X 483" 106.5 CUBIC FEET 162.6 CUBIC FEE 1 130.0 lbs. 52 0' (1321 mrn) 12540 rrorn X 1524 ,nrt, X 1227 mml 13.01 In') (4.60 rn') 159.0 kg) NOMINAL END CAP SPECIFICATIONS SIZE EN X Ft X INSTALLED LENGTH) 90.2" X 59.4" X 30 7" {2291 von X 'MS mn, X 781 rrro, ENO CAP SYCIfAGE 35.7 CUBIC FEET (UN ntN MINIMUM INSTALLED STORAGE' 103.7 CUBIC FEET (3.08 NIN WEIGHT 135.01ns, (61.2 kg) •ASSUMES 12" 1305 mnij STONE ABOVE. 9' (2.79 nvol sterIE FOUNDA1ION AND BE PNEEN CHAMBERS. 12'005 rm.) STONE PERIMETER IN FRONT OF END CAPS ANO 4014 sic -NE POROSITY. STUBS AT BOTTOM OF END CAP MR PART NUMBERS ENDING WiTH B' STUBS AT 'FOP OF END CAP FOR PART NUMBE/7S ENDING' WITH PART # I STUB MC45D0REPE06T 6'1(50 mm) MC4500REPE069 MC3500REPEOBT 8' (200 mrn) MC4500REPEO9B MC4500REPE1OT 10' (250 rnrn) MC4500REPE10B MC,4500REPE12T 12' (300 mrn) MC4500REPE1261 MC4500REPETST 15" (375 mrn) MC4500REPE158 MC4500REPE18TC 18' (450 rnrn) MC4500REPE18BC MC4500REPE24TC 24'1600 rnml MC4500REPE24BC MC4500REPE308C 30' (750 moo) MC4500REPE36BC 36'1900 rnm) MC,4500REPE429C 42' (1050 rnrn) NOTE: ALL DIMENSIONS AliE NOMINAL 42.54- (1,081 rn) 0.86' (22 nvn) 40.50' (1,029 rn) 1.01' (26 rnm) 30,37' (97- 5 rnm) 1.33*(34 mm) 3589' (907 mrn) 1,55" (39 rnm) 32.72" (831 nIM) 170' (48 MM) 29.36" (74- 6 rnrn) 1.97' (50 mm) 23705'1585 mm./ 2.26' (57 mrn) 2.95' (75 mm) 3.25" (33 mrn) 3.55' (90 min) CUSTOM PRECORED INVERTS ARE AVAILABLE UPON 04EOUEST. INVENTORIED MANIFOLDS INCLUDE 12-24(302,600 ovn) SIZE ON SIZE ANO I5-43' (375- 1200 mrn) ECCENTRIC MANIFOLDS. CUSTOM INVERT LOCATIONS ON THE I,IC-1500 END CAP CUT IN THE FIELD ARE NOT RECOMMENDED FOR PIPF. SIZES GREATER THAN 10° (250 mm) THE INVERT LOCATION IN COLUMN 8' ARE THE HIGHEST POSSIBLE FOR THE PIPE SIZE, 90.2' (2291 rrim) — 3a.r (731 mnr) — INSTALLED 00. 00 60 076 x 001 0 -00 01 01 200 112 SHEET 1,a,: 6 OF -FI IF, CITY (_)[' LAKE ELM() STAFF REPORT DATE: 2/7/2017 REGULAR ITEM #: I 0 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: 3880 Laverne Avenue North Zoning Map Amendment and Minor Subdivision REVIEWED BY: Stephen 'Wellman, Planning Director BACKGROUND: The City has received two requests from John J. Zignego for the property located at 3880 Laverne Avenue North (PID# 1302921220010): Zoning Map Amendment to rezone the property located at 3880 Laverne Avenue North from GB — General Business District to VMX — Village Mixed Use. • Minor Subdivision to subdivide the parcel in to three separate parcels, creating two new lots. ISSUE BEFORE COUNCIL: The Council is respectfully requested to consider a Zoning Map Amendment and Minor Subdivision request for the property located at 3880 Laverne Avenue North. PROPOSAL DETAILS/ANALYSIS: Minor Subdivision Request. The minor subdivision request proposes to subdivide the 3.22 acre parcel in to three parcels: One 2.06 acre parcel • Two 0.58 acre parcels Rezoning Required. These parcel sizes do not meet the minimum lot size requirements of the current zoning district in which this parcel is located (GB — General Business District, which has a minimum lot size of 1.5 acres Engineering Comments. • Access Management, 39'1' Street access management points must be carefully coordinated in order to ensure it functions properly. o Recommended Combined Access Required. As a result, it is a condition of approval that driveway access be combined for Parcel A and B. City Council Meeting 2/7/2017 Regular Agenda Item #5 • Need lbr Easements. The typical design section for 39" Street, which was designed with the intention to match the Village Parkway, suggests the need for a 10-foot easement along North and South sides of this street. o This does not allow for the zero lot line design the VMX zoning district encourages. o Therefore, it is a recommended condition of approval that an easement be required to prevent a building being placed at a zero -lot line setback, as the VMX district allows. • Sorer and ll'ater. The 39'h Street reconstruction extended a new sewer and water main stub that will serve both parcels. The plans will need to reflect stub locations to avoid conflict for stubs to serve both parcels. • Stormwater. The site plan will need to create and obtain necessary approvals for a stormwater management plan. o Storrnwater drainage will need to be maintained, and storm sewer connections to 39th Street system must be at existing or reduced runoff rates. Zoning Map Amendment Consistency with Comprehensive Plan. The property is guided for Village Mixed Use in the Comprehensive Plan Land Use Plan. The Comprehensive Plan allows a density of 5 to 10 units per acre in this district. Parkland Dedication. • The Council sets parkland dedication fees for commercial development by Resolution. • The current fee for commercial parkland dedication is $4,500 per acre. The proposed subdivision is creating two new 0.58 parcels, totaling 1.16 acres. • The City received parkland dedication when the Brookman Addition, the Plat in which this subdivision is being proposed, in 1978. The Code requires dedication for the creation of new lots. • The recommended parkland dedication is $5,220 ($4,500 X 1.16 acres). Proposed Zoning - VMX - Village Mixed Use District. The purpose the VMX district is to provide an area for compact, mixed use development made mutually compatible through a combination of careful planning and urban design and coordinated public and private investment. Allowed Uses. • The Village Mixed Use District is intended to continue to allow retail, service, office, civic, and public uses as well as residential units. • A listing of pennitted and conditional uses allowed in the Village Mixed Use zoning district is attached to this report for reference. • The applicant intends to use Parcel A, as shown in the attached survey, for a new office for an insurance business. It is not yet known what Parcel A will be used for. Lot Sizes and Setbacks. As stated above, the proposed two newly -created parcels will be 0.58 acres in size. Below are the lot dimensions and setback requirements for the VMX District Table 11-2: Lot Dimension and Setback Requirements, VMX District Minimum Lot Area (sq. ft.) a Non -Residential Use None Single Family Detached Dwelling 5,000 Two -Family Dwelling (per unit) b 3,000 2 City Council Meeting 2/7/2017 Regular Agenda Item #5 Single -Family Attached (per unit) c Multi -Family Dwelling (per unit) Secondary Dwelling Live -Work Unit Congregate Housing Other Structures Maximum Lot Area (acres) Residential Structures Other Structures Minimum Lot Width (feet) Single Family Detached Dwelling Two -Family Dwelling (per unit) b Single -Family Attached (per unit)c Multi -Family Dwelling (per building) Live -Work Unit Maximum Height (feet/stories) Maximum Impervious Coverage Residential Structures Other Structures Minimum Building Setbacks (feet) Front Yard e Interior Side Yard f Corner Side Yard g Rear Yard 2,500 1,800 See 154.454.e 3,000 See 155.102 3,500 N/A 50 30 25 75 25 35/3 d 75% No Limit See 155.506 10 0 10 REU Projection. • According to a document created in 2012 entitled Alternate Village Area Future Land Use Concept, the projected number of REC Units on the 18.73 acre section of land that is made up by 3880 Laverne Avenue, 3800 Laverne Avenue, 3825 Lake Elmo Avenue, and the parcel to the north of the aforementioned, is 75. • According to a Met Council Determination spreadsheet updated as of August 16, 2016, 3880 Laverne Avenue was charged for 5.23 REUs; the remaining parcels were not reflected on this report. • Further subdividing the subject parcel and the subsequent development and connection to sewer would increase the number of REUs in this section of the Village, helping to meet these projections. FISCAL IMPACT: The lot split will result in a cash payment for park dedication in the amount of $5,220 OPTIONS: The Council may: City Council Meeting 2/7/2017 Regular Agenda Item #5 • Approve the Zoning Map Amendment and Minor Subdivision request. • Make changes to conditions of approval and approve the Zoning Map Amendment and Minor Subdivision request. • Deny the Zoning Map Amendment arid Minor Subdivision request. PLANNING COMMISSION/PUBLIC HEARING: A public hearing was held on the proposed Zoning Map Amendment, and the Minor Subdivision was considered, on January 9, 2017 at the Planning Commission meeting-. No one from the public spoke at the public hearing or provided comments prior to the meeting. The Applicant's representative contested the parkland dedication requirement. as a parkland dedication fee was paid to the City in 1979 was Brookfield Addition was platted. The proposed amendment was recommended by an affirmative vote of 6-0. The Planning Commission recommended revisions to the conditions of approval, as noted in the attached Resolution. RECOMMENDATION: Staff respectfully requests that the Council approve, as recommended by Staff and the Planning Commission, the proposed Zoning Map Amendment to rezone the property located at 3880 Laverne Avenue North from GB — General Business to VMX — Village Mixed Use: "Move to approve Ord 08-165, approving a Zoning Map Amendment to rezone the property located at 3880 Laverne Avenue North from GB — General Business to VMX — Village Mixed Use." Staff also requests that the Council approve, as recommended by Staff and the Planning Commission, a minor subdivision request to split the parcel at 3880 Laverne Avenue North into three separate parcels, thereby creating two new lots of 0.58 acres each: "Move to approve Resolution 2017-013 , approving a Minor Subdivision request for the property located at 3880 Laverne Avenue North, thereby creating two new lots of 0.58 acres each, subject to the 11 outlined conditions of approval." ATTACHMENTS: • Ord. 08-165 • Resolution 2017-013 with PC Continents • Resolution 2017-013 Final • Application • Planning Commission meeting minutes, 1/9/2017 4 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-165 AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that the following shall be added to I. Zoning Map Changes of the Table of Special Ordinances of the Municipal Code: Section 1: Zoning Map Amendment. The following property is hereby rezoned from GB - General Business to VMX - Village Mixed Use: PART LOT 1 002 BEING N 350.18E7 OF LOT 1 BLK 2 BROOKMAN ADD ACCORDING TO PLAT THEREOF SUBJ TO ANY UTILITY EASE SHOWN ON SD PLAT SUBJ TO NON- EXCLUSIVE EASE FOR RD PURPOSES OVER SLY 16FT THEREOF RESERVED TO GRANTOR ITS SUCCESSORS Et ASSIGNS SUBDIVISIONNAME BROOKMAN ADD LOT 1 BLOCK 2 SUBDIVISIONCD 37100 Section 2: The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the City of Lake Elmo. Section 3: Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-165 was adopted on this 7th day of February 2017, by a vote of Ayes and Nays. ATTEST: Julie Johnson, City Clerk Mike Pearson, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2017-013 A RESOLUTION APPI?OVING A MINOR SUBDIVISION OF PROPERTY LOCATED AT 3880 LAVERNE AVENUE NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, John J. Zignego, 3880 Laverne Avenue North, P, Lake Elmo, MN, (Applicant) has submitted an application to the City of Lake Elmo (City) for a Minor Subdivision to subdivide the property located at 3880 Laverne Avenue North in to three separate parcels in accordance with the certificate of survey dated November 21, 2016 and signed by Timothy J. Freeman, P.L.S., License #16989, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor Subdivision at a meeting held on January 9, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Minor Subdivision as part of a memorandum to the City Council for the February 7, 2017 Council Meeting; and WHEREAS, the City Council reviewed the Applicant's Minor Subdivision request at a meeting held on February 7, 2017. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. That the Minor Subdivision complies with the minimum lot frontage and area requirements of the City's VMX - Village Mixed Use District, That the Minor Subdivision complies with the City's subdivision ordinance and specifically the requirements concerning exceptions to platting. 4. The City finds that it would be desirable for parking serving the two new uses created by Parcel A and B as shown on the survey dated November 21, 2016 be shared with the Brookfield II building if possible. CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited and information received, the City Council of the City of Lake Elmo hereby approves the Minor Subdivision request, provided the following conditions are met: 1) The property shall be rezoned to Village Mixed Use — VMX. 2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $4,500 per acre for the two new 0.58 acre parcels being created ($5,220 total) prior to any formal City authorization to split the existing parcel into three lots. 3) The applicant must submit and receive approval of a landscape plan, grading, erosion control, and other plans outlined herein prior to the commencement of any construction activity on the parcel. 4) The applicant must obtain all other necessary City, State and governing body permits prior to the commencement of any construction activity on the parcel including but not limited to building pennits, conditional use permits, etc. 5) Any plans for construction on the newly created parcels must comply with the Lake Elmo Design Standards Manual and specific general site considerations and development standards for specific uses within the Village Mixed Use District. 6) Building setback locations are subject to City approval and must allow for planned street improvements. 7) Only one driveway access to 3911' Street is permitted. Access may be combined or limited to only Parcel A or Parcel B. 8) 8-inch watermain stub and 8-inch sanitary sewer main stub shall be shown on the plans and approved by the City Engineer prior to commencement of construction activity to ensure that the building placement does not conflict with the ability of the stubs to service both parcels. 9) The site plan is subject to a storm water management plan meeting State, Valley Branch Watershed District and City rules and regulations. All applicable pennits must be obtained if needed. 10) Stonnwater drainage patterns must be maintained as part of any site development. 11) Stonn sewer connections to the 39'1' Street system must be at existing or reduced runoff rates and volumes. Passed and duly adopted this 7'1' day of February 2017 by the City Council of the City of Lake Elrno, Minnesota, Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2017-013 A RESOLUTION APPROJT7NG A MINOR SUBDIVISION OF PROPERTY LOCATED 1 T 3880 LAVERNE AVENUE NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, John J. Zignego, 3880 Laverne Avenue North, P, Lake Elmo. MN, (Applicant) has submitted an application to the City of Lake Elmo (City) for a Minor Subdivision to subdivide the property located at 3880 Lavenie Avenue North in to three separate parcels in accordance with the certificate of survey dated November 21, 2016 and signed by Timothy J. Freeman, P.L.S., License #16989, a copy of which is on tile in the City of Lake Elmo Planning and Zoning Department: and WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances. and WHEREAS_ the Lake Elmo Planning Commission reviewed the proposed Minor Subdivision at a meeting held on January 9, 2017: and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Minor Subdivision as part of a memorandum to the City Council for the February 7. 2017 Council Meeting: and WHEREAS, the City Council reviewed the Applicant's Minor Subdivision request at a meeting held on February 7, 2017. NOW, THEREFORE, based upon the testimony elicited and information received. the City Council makes the following: FINDINGS I. That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. That the Minor Subdivision complies with the minimum lot frontage and area requirements of the City's VMX — Village Mixed Use District. 3. That the Minor Subdivision complies willi ihe City's subdivisiona ce 'and specifically the requirements concerning exceptions to platting. 4. ) City findhd 1 would be desirable for parking serving the two new tic realed by Parcel A tiid 13 as s own on ili survey dined November 21. 2016 he shared with the Brookfield 11 Imikling if possible.: CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited and information received, the City Council of the City of Lake Elmo hereby approves the Minor Subdivision request. provided the following conditions are met: 11 The property shall he rezoned to Village Mixed Use -- VMX. 2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $4.500 per acre for the two new 0.58 acre parcels being created ($5,220 total) prior to any formal City authorization to split thc existing parcel into three lots. 3) The applicant must submit and receive approval of a landscape plan, grading, erosion control, and other plans outlined herein prior to the commencement of any consiniction activity on the parcel. 4) The applicant must obtain all other necessary City, State and governing body permits prior to the commencement olany construction activity on the parcel including_ but not limited to building permits, conditional use permits, etc, 5) Any plans for construction on the newly created parcels must comply with the Lake Elmo Design Standards Manual and specific general site considerations and development standards for specific uses within the Village Mixed Use District, of Building setback locations are subject to City approval and must llo for planned street improvements, -74 ,:A-40-Inot utility ,eastintritt-as, dem i led iti-thr-City-Entinetl-MiqtH.litled-Decroll, 5,-2!) I h.inti44 7) Only one eirrYttA‘ tly tittatittitt.t lo 39'" Stt eel Is perlpirreri.l.A,:ess may becombincd or limited to only Parcel A or Parcel B. r1113e-applicant toi-development-ticriv-ity-oecurritig-on ille-lki-wly-et eared pateels-shotild-work with the-te.--itt-aiid-gro4-fitilt444-13+441int 4ti,itritilyZet-priititteittift trkeetisto441.titteltittritierthttrietlittritttr-ittrld-ttliktet 140.4SilaikrrytttirrAtattretaitpitrkttril tt-tt-itlittitkrotakdrhaki Ikt 8) 8-inch watermain stub and 8-inch saint:fly sewer main stub shall he shown on the plans and approved by the City Engineer prior to commencement 0i-cons(ruction activity w ensure that the building placement does not conflict with the ability of the stubs to service both parcels, 9) The site plan is subject to a storm water management plan meeting State, Valley Branch Watershed District and City tides and regulations. All applicable permits must be obtained if needed, 10) Stomiwater drainage patterns must he maintained as part of any site development. Commented [E811: TM; Plainipt tromorizion iccoititnentlerl that Ilia; he reitio,ttit tr.; a contrition and added I to riodint.tst at, !dratted parking may 01 110140,e di] three: uses ortho ihreoIxtILIs -' I Commented [EB21: Fio iI,uiiiut, 'Ii1i551.lII rgrointitenttlett tit, be tarucl, ;is ir dog, not el,1111,h 'Or\ 6'0111 taatitlaiiItt tat2it leer Commented MB 3J: rite city lt nitiotter 05V111111CIldid then, C0111h111Cd hl Parcel A 0114.1 B 1411,11139' St rod Irs pitAiiled. rho rimming Coniotittotion lelr :11,7e0S,1 would he hotter served by I.a,grott Avenue told tto reoninroon&it limiting only (We 11CW:iS 1 39'1' Street, cmithinvd er limited to eithor Panel A or Parcel 13. Commented If134]: I he Plannititt,Cointnitrtion rroginniontleil that ibis he tre111,11Vd a contrition and ;bided I to Findings; at, tittered parking way or not title all duo, rings Ior dieulie paicoli, I l) Storm sewer connections to the 39th Street system must be at existing or reduced ninoci rates and volumes. Passed and duly adopted this 7th day of February 2017 by the City Council of the City of Lake Elmo, Minnesota, Mikc Pearson, Mavor ATTEST: Julie Johnson, City Clerk Date Received: Received Permit #: LAND USE APPLICATION 0 Comprehensive Plan It (:ITY 01: LAKI ELMO 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 Zoning District Amend 0 Zoning Text Amend 0 Variance*(see below) 0 Zoning Appeal 0 Conditional Use Permit (C.U.P.) D Flood Plain C.U.P. D Interim Use Permit (I.U.P.) 0 Excavating/Grading 0 Lot Line Adjustment 4 Minor Subdivision LI Residential Subdivision Sketch/Concept Plan LI PUD Concept Plan 0 PUD Preliminary Plan 0 PUD Final Plan El Wireless Communications Applicant: Address: Ayr; 477 64;220- All /14, Phone # 6 - 777 - S-7,5 ;3 Email Address:kW 577e .Z Fee Owner Z EL- .550c i/V 7E:5 Address: 30 4 i„-,- ,f Az:,:-- 4pr, ilh / 4/..e„!-- /7'7: ,n-i. o /? Phone # 657-77 T 7 9 g Email Address: Property Location (Address): SS( 3 (2 (Complete (long) Legal 03scription: TZr .17?-;(7•?),1 i/ pel-P4:;/ 2/e/-1, RD*. - i229 -Z/- ,ZZ /52i/e-.CA1,— .4 l/47. /1-4freT.0-/ 3572 /g i #F - 00/0 Detailed Reason for Request: /Ve-k," YZ5 ,t/ /.41(7.,-9,v7 LA? ,vo Y' 41F" -.77/,— _5'12 A/ 4/ /2,...C), / pit? . 51-7-1/4/1er:z- /4/,9 /77r: 5-, A 4, If,/ I/ z Al )7,47 v24-7,10-ri 'Variance Requests: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: /14.9 A/er In signing this application. I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. Signature of applicant:/. Signature of fee owner c' 7 V ' Date: /V — 2G-7 / 2,-"` vtlfill I OR, W.rd. OLlt, NIP:10N l'IMPOSt CE I TIFICATE OF SURVEY MINOR SUBDIVISION 39riv 87. , AAA-AAAVA:ArAAAA: -40,71:1:0" Sfp0 mew s aft ,e,e, :A - - _-A-A-01AAAA _ -_ --, , - - A -I OE,Frut:rnarc, Erick In Lim) NANINC: tg% A,MIE ELMU //x'�o 'w -1 1 � City ofLake Elmo Planning Commission Meeting Minutes ofJanuary 9,2017 Chairman Kreinnercalled toorder the meeting of the Lake Elmo Planning Commission at COMMISSIONERS PRESENT: Kreimer, Griffin, Dodson, Williams, Larson, and Lundquist COMMISSIONERS ABSENT: Haggard, Fields and Dorschner STAFF PRESENT: Planning Director VVensnnan,City Planner Becker & City Administrator Handt Approve Agenda: K1/S/P:Dodso»/Lundquistmove toapprove the agenda aoamended, Vote: 6-0,rnotion Election of Officers: M/S/P: WiUiams/Dodson,move toelect Tom Kreimer for Chair, Vote: 6-0, motion carried unanimously. K4/S/P: Lundquist/Griffin, move to elect Todd Williams for Vice Chair, Vote: 6-0, motion carried unanimously. M/S/P: Dodson/Griffin, move to elect Rolf Larson for Secretary, Vote: 6-0, motion carried unanimously. Approve Minutes: December 12, 2016 K3/S/P:VViUianns/GhfHn, move toapprove the Decennber12 ZQ16minutes as presented, Vote: 6-<Imotion carried unanimously. PuWicHeahng—ZoningMap Amendment and Minor Subdivision— rezone the property at 3880 Laverne Ave Becker started her presentation regarding the Zoning Map Amendment and Minor 5ubdivision, The Zoning Map amendment isrequested torezone from GBtoVK8X. This land isguided for VMXinthe Comprehensive Plan, which has not minimum lot size for non-residential. The subdivision will create three separate parcels. Lake Elmo Planning Commission Minutes; 1-9-17 2 This property does qualify for an exception to platting as it is not creating more than four parcels. There isacash contribution for park land dedication Vf$S,22Orequired. GB requires 1.5 acres per parcel, so if this is not rezoned, those 2 lots cannot be created. Some engineering comments are that they are recommending a combined driveway access for Parcel A&B. There isalso oneed for anumber ofeasements. There were more engineering comments regarding sewer & water and stVrnnvvater. The zoning map amendment isconsistent with the Comprehensive plan. Staff is recommending 13conditions ofapproval. Dodson asked if the City Engineer considered access of parcel B to Laverne Ave. Becker stated that the City Engineer did not look atthat. The condition could bechanged tn state reviewed by the City Engineer. Williams is wondering why the condition doesn't require shared parking vs. just encouraging it. Becker stated that there might becircumstances where that might not work. llnn Freeman, ,epnesentsZignegV, the idea of sharing parking is something that they are interested in. Hetalked about suburban type zero setbacks for the VK4Xdistrict. He thinks making a condition of approval for the building setback and combined parking, limits things for this approval and could be dealt with when o project comes forward. Freeman feels that the parkland dedication has already been paid for this area by the acre. He feels rep|attingthis property does not add any acreage, it just further subdivides it. Instead of having that be a condition of approval, he xvnu|d like to see something like this will be reviewed a little further with the City Attorney, Dodson asked the developer what the motivation of subdividing the lots is vs, just adding buildings to the existing lot. Freeman stated that the new lots would most likely have different ownership, Dodson stated that when property subdivides, Parkland dedication ispaid. Freeman stated that the fee was already paid onall of the acreage. VVensrnanstated that the City Attorney has already reviewed this. There was debate about collecting it on 2 lots or 3. The discovery of the previously paid fee, limited it just to the I newly created lots. The City Attorney is the one that recommended it as a condition ofapproval. Public Hearing opened at7:3Opnn Noone spoke and there were nowritten comments Public Hearing closed at7:]lpnn Lake Elmo Planning Commission Minutes; 1-9-17 Williams agrees that there is a conflict of the VMX zoning and the required utility easement. This area needs tobelooked atfor ifitshould beaparkway orsomething else. Heisinterested inremoving number 7as acondition ofthis project appnuvai Wensman would recommend changing the wording of condition #8 to read if there is an access to39wstreet, that itbea shared driveway. Williams iswondering ifitwould be better tosay that there will beonly one access permitted tn]9,n Street for those 2lots. Williams would like condition 9tostate that the City will work with the owners of Brookfield 11 building to analyze parking needs with the possibility of shared parking with Brookfield Ubuilding and submit their findings tothe City within 6Odays ofapproval. Wensman stated that there are no building plans yet and they should be required to submit that with the site plan review. Dodson's concern isthat the building plans will not come atthe same time. Williams iswondering ifsomething should beincluded inthe findings that itwould be desirable for the existing Brookfield parking to be shared with the new development. That way itisnot acondition ofapproval, but makes itshould desirable. M/S/P: Dodson/Williams, move to recommend approval of the zoning Map amendment to rezone the property located at388OLaverne Ave toVillage Mixed Use, Vote:6-D, motion carried unanimously. M/S/P: Dodson/LundquisLmove torecommend approval Vfthe Minor Subdivision request for the property located at 388ULaverne Ave, subject tothe lloutlined conditions of approval as amended and based on the amended findings, Vote:6-0, motion carried unanimously. PubUuHeahng—Connprehensivx*P|mnAnnandnnmnt—tncneateanevvlanduse designation called "Golf Course Community" with updated maps and figures Wensman started his presentation regarding the Comprehensive plan amendment for the former Tartan Park property. There would be5changes tothe comprehensive land use plan. l)Anew land use category called "Golf Course [ornn`unitv"Z)updated density of 1.5-2,49 3) updated planned land use map 4) "Preservation of Community Annenides"vviUbeaddedwhichdeschbestheneedfor"Gn|f[nu,seCnrnnnunitv"|and use 5\updated map tVreflect the changes tothe K4USA. The City has broad discretion when reQuidingproperty. The Golf Course Community specifically ties the residential development to the golf course and cannot be redeveloped ifthe golf course iseliminated. The Royal Golf development will beaPUD and if an amendment was requested to eliminate the golf course, it would be inconsistent with the Comprehensive Plan and would bedenied. Lake Elmo Planning Commission Minutes; 1-9-17 TI IN (ATV 1 AKE ELN STAFF REPORT DATE: 2/7/2017 REGULAR ITEM #: 11 MOTION TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Golf Course Community Zoning District REVIEWED BY: Stephen Wenstnan, Planning Director BACKGROUND: The Council has approved a Comprehensive Plan Amendment that re -guides the area .fonnerly known as Tartan Park to a newly -created Golf Course Community land use designation and to expand the MUSA. The creation of the new land use category suggests a new zoning, district. The City has received a Zoning Text Amendment application from BC Royal Golf Course Development, LLC (Applicant) to create a Golf Course Community zoning district. ISSUE BEFORE COUNCIL: The Council is respectfully requested to review the proposed Golf Course Community zoning district and either adopt or deny adoption of Ord 08-167 , creating a Golf Course Community Zoning District. PROPOSAL DETAILS/ANALYSIS; The Planning Commission reviewed and made recommendation on the proposed ordinance. The Staff Report presented to the Planning Commission is attached. The Planning Commission made the following comments: Density. • The proposed density of the Golf Course Community zoning district mirrors that of the new Golf Course Community Comprehensive Plan Land Use Category of 1.4-1.65 units ner acre. Allowed Uses. • Permitted and conditional uses within the Golf Course Community District closely align with those of the LDR zoning district but also allow for a golf course and its accessory uses. The following, lists the recommended permitted and conditional uses allowed in the GCC District: o Single -Family Detached Dwelling - pennitted o Secondary Dwelling - conditional o Wayside Stand conditional o Golf Course — permitted City Council Meeting 2/7/2017 Regular Agenda Item #12 o Outdoor Recreation Facility — conditional o Parks and Open Areas — permitted o Accessory Uses Common to All Urban Residential Districts: Horne Occupation, Domestic Pets, Family Day Care, Temporary Sales, Solar Equipment, Swimming Pools, Hot Tubs, etc., Water -Oriented Accessory Structures, Other Incidental and Subordinate Structures -- permitted o Accessory Uses Specific to GCC District:. Restaurant, Drinking and Entertaining, indoor Athletic Facility, Semi -Transient Accommodations Definitions of these uses are also attached in the Planning Commission Report. Lot Area, Lot Width, Setbacks, Impervious Surface. • Lot Size. The proposed district's minimum lot size is 9,000 square feet, which was calculated using the increased minimum lot width (70 feet) of the district multiplied by a typical lot depth of 130 feet. This appears consistent with the method used to determine lot size when the Urban Residential zoning district was created. This minimum lot area assumes a significant amount of open space and clustered development to achieve the density standard of the district. • Lot filidth. Is slightly larger than the minimum set forth in the LDR - Limited Density Residential zoning district, • Setbacks, Are consistent with those of the existing urban residential zoning districts. • Impervious Surface Maximum, At 30%, it is slightly more than is required in the LDR zoning district, due to larger lots. It also meets requirements set forth by the Shoreland Management Overlay District. Site Development Standards. • Development within Golf Course CO111117111 o Open Space. 50% of gross acreage being developed as Golf Course Community District 1111151 be dedicated towards a golf course or open space. • No additional standards are set forth for open space requirements in this zoning district because much of the residential development proposed within the area formerly known as Tartan Park is within the shoreland, and this open space is regulated by the Shoreland Overlay Management District, which already sets forth standards including required, allowed, and prohibited uses; and the requirement of restrictive covenants, easements, or deed restrictions to maintain and preserve the open space. o Buffers. 100' buffers from the property lines of surrounding parcels within the city are required and must be part of the conserved open space of the development (i.e. lots cannot encroach on the buffer area). There is also language that states Council may allow for reduction in buffer width provided mature vegetation or topography changes exist or are created. o Connectivity. Trails, walkways, or paths must make planned connections to the community. • Standards:0- Restaurant and Drinking Establishment within the GCC district were added, as outlined in the report and attached ordinance. Page 2 City Council Meeting 2/7/2017 Regular Agenda Item #11 o Reason. The Applicant has plans to continue operation of a restaurant and drinking establishment within the clubhouse of the golf course. As such, this use was added as a conditional, accessory use. o Standards. The Commission recommended that the restaurant be required to: be located within the same structure as the club house and pro shop, have limited hours of operation, not have a drive -through, have a maximum seating capacity, meet the Lake Elmo Design Guidelines and Standards Manual, be located with Standards "Or Indoor Athletic Facility were added. o Reason. The Applicant requested the option for there to be a fitness center near the parking lot of the golf course property owned by and for the homeownersassociation. It will be on a separate lot and under separate ownership of the golf course. As such, the conditional, principal use of indoor athletic facility is being proposed. o Cannot be Conunereial Operation. The Commission expressed concern that such a facility may become a commercial operation. The standard that the indoor athletic facility be owned and operated by the owner of the golf course, a private developer, or homeowners' association and must not be a freestanding operation was recommended. Standards )(Or Semi -Transient Accommodations were added. o Reason. The Applicant has requested that the golf course house approximately four guest houses, to be owned by the owner of the golf course, where the owner(s)'visitors may stay. They are not planned to be used by the general public. They will be used primarily by the partners for lodging, weddings, big events, tour pros. They may be used by members of the Homeowner's Associations on special occasions. o Accessory, Conditional. Staff recommends that this use remain an accessory, conditional use. Requiring it to be an accessory use will mean that the accommodations cannot exist on lots separate from the golf course. o Definition. Definitions of and associated with semi -transient accommodations are included with this report. o Standards. Because the definition of semi -transient accommodation allows for boarding houses, rooming houses, fraternity/sorority houses, or lodging rooms, the standards set forth for semi -transient accommodations within the GCC district restrict ownership of the accommodations to either the owner(s) of the golf course or the homeowners association. • Additional conditions may be attached to the Conditional Use Permit when considered. Standards for Secondary Dwellings within the GCC District were added. o Reason. This is already a conditional use in the urban residential districts. o Limited to Primmy Structure. The Planning Commission recommended that they only be allowed within the primary structure, and so suggested eliminating the requirement that exterior finish materials, trim, roof pitch, windows, eaves, and other architectural features of the addition be the same or visually compatible with those of the original building. Royal Golf Course Planned Unit Development (PUD). Page 3 City Council Meeting 2/7/2017 Regular Agenda Item #11 While not all lots (specifically the "Villa" lots) proposed in the Royal Golf Residential Development will meet the standards proposed in the Golf Course Community zoning district, the Royal Golf Residential Development will be developed through the PUD process. o E.g. the Villa lots will not meet the lot width, lot size, or setback requirements, and may not meet the impervious surface requirements of the Golf Course Community District. The PUD process, if approved, would allow some flexibility to the standards set forth in this district, thus potentially accommodating the proposed deviations from the GCC district standards. PLANNING COMMISSION/PUBLIC HEARING: The Planning Commission held a public hearing and considered the proposed Golf Course Community District on January 9 and January 23, 2017. The following summarizes comments from the public hearings: Ann Bucheck, 2301 Legion Ave: Adding the "semi -transient housing- increases the density. Cottages aren't necessary on the golf course, as there are a lot of places to stay in the area and they are not necessary to a golf course. • The minimum lot size should not be reduced from 20,000 square feet (as originally proposed). • The area does not need substantial traffic indicated with the recreational use. • Exterior secondary dwellings would not work with smaller lot sizes. • The 100 foot buffer should be made bigger rather than smaller. • Doesn't want to see street lights in the residential development. Tim Mandel, 2479 Lisbon Ave: • Asks if a conditional use permit can be issued for anything requested. • The cottages would be considered commercial, and the use could change if the golf course fails. The Planning Commission recommended approval of the ordinance at its January 23, 2017 meeting with an affirmative vote of 4-0. FISCAL IMPACT: None. OPTIONS: The Council may: Approve the proposed ordinance Make amendments to the proposed ordinance and approve the ordinance as amended. Deny the proposed ordinance. RECOMMENDATION: Staff and the Planning Commission recommend that the Council approve the ordinance as proposed. Approval may he made with the following motion: Page 4 City Council Meeting 2/7/2017 Regular Agenda Item #12 "Move to adopt Ord-167, approving the addition of the proposed Golf Course Community Zoning District to the Zoning Code of the City of Lake Elmo Code of Ordinances." If approved, Staff also recommends that the Council adopt a resolution authorizing summary publication of Ord- with the following motion: "Move to adopt Resolution 2017-016, authorizing summary publication of Ord 08-167." ATTACHMENTS: • Ord 08-167 (no redlines — see PC Report Attachment for redlined version — changesredlined version are explained herein) • Resolution 2017-016 • PC Report 1/23/17 • Planning Commission meeting minutes 1/9/17 Page 5 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-167 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY CREATING A GOLF COURSE COMMUNITY ZONING DISTRICT SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Article XII; of Chapter 154: Zoning Code; of Title XV: Land Usage; of the Lake Elmo City Code of Ordinances, is hereby amended as follows: URBAN RESIDENTIAL DISTRICTS S 154.450 PURPOSE AND DISTRICT DESCRIPTIONS. The urban residential districts are established to provide areas for residential development that are served by public sewer and water services in accordance with the city's Comprehensive Nan. The objectives of these districts are to preserve and enhance the quality of living in residential neighborhoods, to regulate structures and uses which may affect the character or desirability of residential areas, to encourage a variety of dwelling types and locations and a range of population densities consistent with the city's Comprehensive Plan, and to ensure adequate light, air, privacy and open space. The residential districts and their purposes are as follows: (A) GCC Golf Course Community District. The GCC district is intended to permit urban residential developments in coniunction with a golf course and its _accessory uses. Development in this district will be enhanced by coordinated site annin o en soace and environmental resources; and provision of a safe and efficient system for pedestrian and vehicle traffic. The GCC district is intended to provide areas for densities lower than other Urban Residential Districts, ranging from 1.4 to 1.65 units per acre. with adequate open space buffers to provide a transition between denser. sewered development and rural areas. Residential development within the GCC district will consist of an environment of predominantly sinqle-family dwellings with lots slight! lar er on avera e than those in most Urban Residential Districts. (B) LDR Urban Low Density Residential District. The LDR district provides an environment of predominantly single-family dwellings on moderately sized lots, and is designed to be the most restrictive of the urban residential districts. The LDR district is intended to provide areas for lower density residential development within the city's planned sewered development areas, and may be used to provide a transition between rural development areas and the city's urban development and districts. Densities shall range from two 2 to 4 units per acre; however, the overall density for a specific development area must be consistent with the net densities specified in the Comprehensive Plan. The lot size and other district standards allow for the creation of smaller lots with the expectation that common open space will be provided within developments that exceed the base densities (at tow end of the land use density range) within the Comprehensive Plan. (C) MDR Urban Medium Density Residential District. The MDR district is established to provide for a diversity of housing types in those areas where such development is consistent with the medium density residential designation of the comprehensive plan and compatible with the development pattern of the surrounding area. Clustering of buildings to permit more orderly development and to preserve open space within new developments is encouraged. Development within the district shall occur at densities in the range of 4 to 7 dwelling units per acre, with two-family dwellings and townhouses permitted. The city will determine the allowed density for a piece of property at the time of the development application, and this determination will be based upon the site -specific characteristics of the property and the requested development. Factors to be considered in increasing or decreasing the allowed density include the existing environmental conditions such as wetlands, floodplains, steep slopes, significant trees; the specific site plan; the amount of open space preserved, and the type of housing units proposed, including whether greater density is desirable because the development contains housing that is consistent with the city's housing goals. The burden of establishing the appropriateness of the high end of the density range will be on the applicant. (D) HDR Urban High Density Residential District. The HDR district is established to provide for an environment of moderate to high -density attached and multi -family housing, designed to present an attractive appearance to neighboring streets and adjacent uses, to include sufficient private and semi -private outdoor space, and to be well integrated into their surroundings. Small office and service businesses of limited size and extent may be allowed as conditional uses. The HDR district is appropriate as a transition between commercial or industrial districts and surrounding neighborhoods, and in already developed higher -density areas. Development within the district may occur at densities in excess of 7 dwelling units per acre, provided the overall densities for within a development area are consistent with the net densities specified in the Comprehensive Plan and that a density analysis is used consistent with the purpose statement for the MDR district. (Ord. 2012-062, passed 9-18-2012) § 154.451 PERMITTED AND CONDITIONAL USES. Table 10-1 lists all permitted and conditional uses allowed in the urban residential districts. "P" indicates a permitted use, "C" a conditional use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under 2 "Standards" indicate the location within this chapter of specific development standards that apply to the listed use. (A) Combinations of uses. Principal and accessory uses may be combined on a single parcel. A principal and secondary dwelling unit may be combined according to the standards of S 154.454 (C). Single-family attached or multi- family complexes designed for rental or condominium occupancy, typically include multiple units and buildings on a single parcel. Table 10-1: Permitted and Conditional Uses, Residential Districts GCC DR MDR HDR Residential Uses Single-family detached dwelling Two-family dwelling Single-family attached dwelling Multifamily dwelling (rental or condominium) Secondary dwelling Live -work unit Manufactured home park Group Living Group Home Group residential facility Halfway House Congregate Housing Semi -transient accommodations Public and Civic Uses P* P P P P P* P** C* P** Standard —1 154.454 (B), (E), P,) 154.454 (F) 154.454 *(G),**(J) 154.454 *(H),**(K) 154.454(C) 154.454 (L) 151.035- 151.150 154.301 (A) 154.301 (B) 154.301 (B) 154.301 (C) 154.301 (C); Community services ;- C Day care center C C 154.012 (2) (d) Schools, public and private Services Offices Funeral home Personal services Nursing and personal care GCC Sales of Merchandises Neighborhood convenience store Wayside stand Outdoor Recreation Golf course Outdoor recreation facility Indoor Athletic Facility Parks and open areas P C 154.303 (A) LDR MDR HDR P P P P Transportation and Communications Broadcasting or communication facility Accessory Uses Home occupation P 4 154.454 (M) 154.454 (I) 154.454 (I) 154.303 (C) Standard 154.454 (N) 154.454 (D) 154.306 (A) 154.306 (C) 154.307, 154.454 (Q) 154.012 (12) (e) Bed and breakfast C C 154.310 (A) Domestic pets Family day care P P P 154.012 (12) (d) Group family day C C C 154.012 (12) (d) care Temporary sates P P P 154.456 (I) Parking facility = C Solar equipment P P P 154.310 (C) Swimming pools, hot P P P P tubs, and the like Water -oriented P P P P 154.800 accessory structures Restaurant 154.454 (P) Drinking and Entertaining Semi -transient accommodations Other structures typically incidental and clearly subordinate to permitted uses 154.454 (P) 154.454 (R), (0_1 § 154.452 LOT DIMENSION'S AND BUILDING BULK REQUIREMENTS. Lot area and setback requirements shall be as specified in Table 10-2, Lot Dimension and Setback Requirements. Table 10-2: Lot Dimension and Setback Requirements, Residential Districts LDR MDR HDR 5 Minimum Lot Area (sq'ft.) � Single family detached 9/000 8,000 7'000 5'000 dwelling Two-family dwelling (per - 5'000 4,000 3'000 unit) a Single-family attached (per 4'000 2,500 » � 0uhj'fannik/ dwelling (per � 4,000 1'800 unit) Secondary dwelling 154�454 (C) 154.454([) 154.454(C) 154.454([) U) (Z) (2) (3) Uve'vvorkunit � 3'600 Congregate Housing _ 154.301 ([) 154.301 ([) Manufactured Home Park 151.035' 151.035' 151.150 151.150 6 Minimum Lot Width (feet) Single family detached 70 60 50 50 dwelling � Two-family dwelling (per � � 30 IO ° unit) Single-family attached (per � 25 20 unit)~ kAutti'fa0Oi[Vdwelling (per � 75 60 building) Live -work unit 25 Maximum Impervious 30& 40% 50% 75% Coverage MMninDWnn Building Setbacks (feet) Front yard Interior side yard � Principal Buildings (living space) f.o Attached Garage or Accessory Structures '.x Corner side yard on Rear yard Notes to Urban Residential Districts Table 75 Z5c Z5c 5 � � ~~ 101 15 15 15 15 20 ZU 70 ZO a. Common open space areas may beused inthe determining whether ornot the minimum lot areas within a development are met, when provided as part of an overall development plan, b. Two-family units may beside.by 5idexith aparty watt between them ("twin") or Located on separate Moms in a building on adnyie tot ("duplex"). The per -unit measurements in this table apply 7 to "twin" units' whether on asingie tot o/separate lots. The standards for single-family detached dwelling shall apply to "duplex" containing LwnvcrticaKy'separated units on a single tot. c in the case ofsingle-family attached dwellings that are not situated on individual lots, minimum (o{ size shalt be applied to each unit asameasure ofdensity; i.e. 1 unit per Z,500square feet. This standard is also used for multifamily dwellings. d. Single family dwellings (both attached and detached) and two-family dwellings may use the side yard setbacks within MDR zoning, districts. e. In a block where the majority of the block face has been developed with the same or similar setbacks, the front setback for the remaining lots on that block face shalt fall within the range established bythe existing setbacks. f. In situations where garage oraccessory building is set back less than 7 feet from a side property tine, the maximum permitted encroachment for anything attached to said building (including eaves, overhangs, steps' chimneys' and other appurtenances as described in Section 154.081) will be two (2) feet. g. Side yards setbacks shall apply to the ends of attached ortw*famity dwellings. h. Corner properties: The side fa�ade of a corner building adjoining a public street shalt maintain the front setback mfthe adjacent property fronting upon the same public street, orthe required front yard setback, whichever is less. |fnostructure exists wn the adjacent property, the setback shall beas shown inthe table. S 154.453 DIMENSIONAL REQUIREMENTS AND PRESERVATION OF OPEN SPACE. (\) Averaging nfLot Area. When tots are clustered within a development toprovide common open space, the open space may be used tOcalculate anaverage density per tot to determine compliance with the individual tot area requirements. (8) Lot Dimension Reductions. Other reductions in dimensional standards may be considered dspart 0fa planned unit development ifthese reductions provide for common open space within Ddevelopment. ([) Lots Adjacent to Public GreeDw/ay Corridors. On DDV tot that abuts a public greeDvvayas depicted in the Comprehensive Plan the rninirnUrn setback for all structures, including accessory bVi[diOgs, shalt be the required rear yard setback for the district inwhich said structure is located. 5 154.454 SITE DESIGN AND DEVELOPMENT STANDARDS. Development 0fland within the urban residential districts shalt follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in Articles 5,_ bThe following standards apply to specific uses, and are organized by district. 8 (A) Planned Unit Developments, All Urban Residential Districts. A planned unit development may be submitted for consideration within any residential district, subject to the requirements and standards established in Section 154.800, Planned Unit Developments. (1) A residential development that exceeds 15 units per acre in an HDR Zoning District may be allowed as a Planned Unit Development in accordance with the density bonus provisions of Section 154.800, Planned Unit Developments. (B) Single -Family Detached Dwellings, All Urban Residential Districts. All single- family dwellings shall be at least twenty-four (24) feet in width, at least nine hundred sixty (960) square feet in area, and be placed on a permanent foundation. (C) Secondary Dwelling. The purpose of a secondary dwelling is to provide life -cycle housing opportunities for family members or small households of one or two people, while providing more efficient use of large single-family dwellings or large lots. GCC Districts. a) A secondary dwelling unit may be located within a principal structure used as a single-family detached dwelling. or above a detached garage. b) There shall be no more than one secondary dwelling unit on the 7Qnin_g lot, c) At least one dwelling unit on the zoning lot shall be owner - occupied. d) The minimum lot area shall be 2,500 square feet greater than the minimum lot area reauired for a single-family detached dwelling in the zoning district. e) The a_pDearance of the building shall remain that of a single-family dwelling. Any new or additional entrances must face the side or rear of the building, g) Shall not contain more than 30% of the_arincioal building's total floor area or 800 sauare feet. whichever is less. h) Impervious limits for the lot within the zoning district in Question shall not be exceeded. (2) LDR, MDR, and HDR Districts. a) A secondary dwelling unit may be located within a principal structure used as a single-family detached dwelling, above a detached garage, or within a separate detached structure. b) There shall be no more than one secondary dwelling unit on the zoning lot. 9 c) At least one dwelling unit on the zoning lot shall be owner - occupied. d) The minimum lot area shall be 2,500 square feet greater than the minimum lot area required for a single-family detached dwelling in the zoning district. e) If the secondary unit is included in the principal building, the appearance of the building shall remain that of a single-family dwelling. Any new or additional entrances must face the side or rear of the building. f) Whether the secondary unit is an addition to an existing structure or a new detached structure, roof pitch, windows, eaves and other architectural features must be the same or visually compatible with those of the principal building. Exterior finish materials and trim must be the same or closely match in type, size and location the materials and trim of the original building. g) A secondary unit within the principal structure shall not contain more than 30% of the principal building's total floor area or 800 square feet, whichever is less. A detached secondary unit shall not exceed 1,000 square feet in gross floor area. h) Impervious limits for the lot within the zoning district in question shall not be exceeded. (D) Wayside Stand, All Urban Residential Districts. (1) No more than one stand per lot shall be permitted. (2) Adequate off-street parking shall be provided. (E) Single -Family Detached Dwelling, All Urban Residential Districts (1) No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway. (2) The primary entrance shall be located on the facade fronting a public street. (F) Two -Family Dwelling, MDR and HDR Districts. (1) No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway. (2) Access to the second dwelling unit shall be either through a common hallway with one front entrance, or by means of a separate entrance. 10 (3) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than 1/4 of the lineal frontage of a developed block may be redeveloped as two-family units, and no further two-family or higher density development is permitted once this threshold is reached. Lineal frontage shall be measured around the entire perimeter of the block. (4) Two-family dwellings shall be designed to reflect the general scale and character of surrounding buildings on surrounding blocks, including front yard depth, building width height and roof pitch, primary materials, facade detailing and size and placement of window and door openings. (G) Single -Family Attached Dwelling (Townhouse), MDR District. (1) A maximum of 8 units shall be permitted within a single building. Buildings with more than 8 units may be allowed as a conditional use. (2) Townhouses shall be located on lots in such a way that each individual unit has a minimum of 15 feet of street frontage. No parking shall be located in the front yard or between the front facade and the street. (a) Townhouses that do not meet the minimum requirements for frontage along a street or that have frontage along a private street may be allowed as a conditional use. (3) The primary entrance shall be located on the facade fronting a public street unless the townhouses are approved as a Conditional. Use under division §154.455.(G)(2)(a) above; an additional entrance may be provided on the rear or side facade. (4) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than 1/4 of the lineal frontage of a developed block (measured around the entire block perimeter) may be converted to townhouse units, and no further townhouse, two-family or higher -density development is permitted once this threshold is reached. (5) Townhouse units shall be designed to reflect the general scale and character of existing buildings on surrounding blocks, including front yard depth, height and roof pitch, primary materials, facade detailing and size and placement of window and door openings. (6) Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise a minimum of 500 square feet per unit. 11 (H) Multi -Family Building, MDR District. (1) A maximum of 8 units shall be permitted within a single building. Buildings with more than 8 units may be allowed as a Conditional Use. (2) The multi -family building shall be designed to reflect the general scale and character of buildings on surrounding blocks, including front yard depth, roof pitch, primary materials, facade detailing and size and placement of window and door openings. (3) No parking shall be located in the front yard or between the front facade and the street. (4) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than 1 /4 of the lineal frontage of a block (measured around the entire block perimeter) may be developed as multi -family units, and no further multi -family, two-family or townhouse development is permitted on the block once this threshold is reached. (5) Common open space for use by all residents or private open space adjacent to each unit (as a courtyard or balcony) shall be provided. Such open space shall comprise a minimum of 300 square feet per unit. (I) Funeral Home, HDR District. A facility developed after the effective date of this chapter shall have access to an arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two access points shall be provided. (1) Additions or new construction shall be designed to reflect the general scale and character of the existing building and surrounding neighborhood, including front yard depth, roof pitch, primary materials, facade detailing and size and placement of window and door openings. (J) Single -Family Attached Dwelling, HDR District. (1) A maximum of 10 units shall be permitted within a single building. Buildings with more than 10 units may be allowed as a conditional use. (2) Townhouse dwellings shall be located on lots in such a way that each individual unit has a minimum of 15 feet of street frontage. No parking shall be located in the front yard or between the front facade and the street. (a) Townhouses that do not meet the minimum requirements for frontage along a street or that have frontage along a private street may be allowed as a conditional use. 12 (3) The primary entrance shall be located on the facade fronting a public street unless the townhouses are approved as a conditional use under division (J)(2)(b) of this section; an additional entrance may be provided on the rear or side facade. (4) Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise a minimum of 300 square feet per unit. (K) Multi -Family Building, HDR District. (1) No parking shalt be located in the front yard or between the front facade and the street. (2) Common open space for use by all residents or private open space adjacent to each unit (as a courtyard or balcony) shall be provided. Such open space shall comprise a minimum of 200 square feet per unit. (L) Live -Work Unit, HDR District. The purpose of a live -work unit is to provide a transitional use type between a home occupation and a larger commercial enterprise, and to provide neighborhood -oriented commercial services, while maintaining a generally residential character in which the work space is subordinate to the residential use. (1) The work space component shall be located on the first floor or basement of the building. (2) The dwelling unit component shall maintain a separate entrance located on the front or side facade and accessible from the primary abutting public street. (3) The work space component of the unit shall not exceed 30% of the total gross floor area of the unit. (4) A total of two off-street parking spaces shall be provided for a live -work unit, located to the rear of the unit or underground/enclosed. (5) The size and nature of the work space shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit on floor area would require the building to be classified as a mixed -use building. (6) The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing (by appointment only) associated with fine arts, crafts, or personal services. It may not include a wholesale business, a 13 manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property. (7) The business of the live -work unit must be conducted by a person who resides on the same lot. The business shall not employ more than 2 workers on -site at any one time who live outside of the live -work unit. (M) Offices or Personal Services, HDR District. The establishment shall not exceed 3,000 square feet in size, and may be located within a multi -family building or a freestanding building. (1) Additions or new construction shall be designed to reflect the general scale and character of surrounding buildings, including front yard depth, roof pitch, primary materials, facade detailing and size and placement of window and door openings. (2) No parking shall be located in the front yard or between the front facade and the street. (3) No building shall be constructed and no residential building shall be wholly or partially converted to such a use within a distance of 300 feet from any other retail or service business on the same street within the HDR District. (N) Neighborhood Convenience Store, HDR District. (1) The establishment shall not exceed 3,000 square feet in size, and may be located within a multi -family building or a free-standing building. (2) Additions or new construction shall be designed to reflect the general scale and character of existing buildings on surrounding blocks, including front yard depth, roof pitch, primary materials, facade detailing and size and placement of window and door openings. (3) No parking shall be located in the front yard or between the front facade and the street. (4) The use shall occupy a corner property. Any freestanding building developed on such a property shall have a minimum setback of 10 feet from each right-of-way line. (5) No building shall be constructed and no residential building shall be wholly or partially converted to such a use within a distance of 500 feet from any other retail or service business on the same street within the HDR District. 10) Development, GCC District. 14 (1) Open Space Reauired. A minimum of 50% of the gross acreage being developed as Golf Course Community must be designated as either a golf course or as open space. (2) Buffers Required. All residential lots must be a minimum of 100 feet from external residential lots within the City on the periphery of the proposed Golf Course Community. The resulting buffer area shall be part of the reouired 50% open space. Buffer widths may be reduced as determined by Council in areas where existing mature vegetation and/or changes in topography occurring on the site proposed for development exist or are introduced to Provide an effective year-round buffer. (3) Connectivity. Trails. walkways, or paths must be Provided within the development and make Planned connections to external trails, walkways or oaths within the community. There must also be internal trail connectivity between proposed housing and the golf course or main area of open space being established within the Golf Course community. (P) Restaurant and Drinkingand Entertaining, GCC District. Restaurants and drinking and entertaining establishments within the Golf Course Community must adhere to the following standards: ED Must be accessory to a golf course and be located within the same structure as the club house and pro shop so as to limit the number of structures within the golf course area. (2) Hours of operation must be limited to the hours of 7am and 10pm, or as otherwise determined by Council. ,(3) Drive -through service is prohibited. (4) Maximum restaurant and/or drinkin and entertaining establishment capacity to be determined byCouncil. (5) Must meet applicable standards set forth by Lake Elmo Design Guidelines and Standards for commercial development. (Q) Indoor Athletic Facility, GCC District., LI) Must be owned and operated by either the owner of the golf course, a private developer. or homeowners association and must not be a freestanding commercial operation. (R) Semi -Transient Accommodations, GCC District. (1) Must be accessory to a golf course. 15 (2) Must be owned and operated b either the owner(s) of the golf course or homeowners association and must not be a freestanding commercial operation. § 154.455 W I4G1 DESIGN STANDARDS. Review of Design. For certain development activity as specified in the Lake Elmo Design Guidelines and Standards Manual, design review is required as part of the approval process for a permit or certificate under this Ordinance. All projects subject to design review shall be reviewed for conformance with the Lake Elmo Design Guidelines and Standards Manual and shall follow the review procedures specified in §154.506.A. § 154.456 ACCESSORY USES AND STRUCTURES. Accessory uses are listed in the Urban Residential. District Use Table as permitted or conditional accessory uses. Accessory uses and structures in the urban residential districts shall comply with the following standards and all other applicable regulations of this subchapter. (A) Phasing. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. (B) Incidental to Principal Use. The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. (C) Subordinate to Principal Use. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. (D) Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. (E) Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure. (F) Residential Accessory Structures. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to or compatible with the main building or shall be commonly associated with residential construction. j {A3 Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is connected by an enclosed passageway. All attached accessory structures shall be subject to the following requirements: 16 (1) The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located; and (2) The structure shall not exceed the height of the principal building to which it is attached. g)-03 Attached gara.ges. (a) Attached garages are encouraged to be side or rear loaded. If facing the primary street, garages shall be designed using one of the following techniques, unless specific physical conditions on the tot in question require a different approach: (1) The front of the garage is recessed at least 4 feet behind the plane of the primary facade; (2) The front of the garage is recessed at least 4 feet behind a porch if the garage is even with the primary facade; or 1,31424 The width of the attached garage shall not exceed 60% of the width of the entire principal building facade (including garage) fronting the primary street. m433 Attached garages shall not exceed 1,000 square feet in area at the ground floor level except by conditional use permit. 1,51+4 Garage doors or openings shall not exceed 14 feet in height. Si Detached structures. Detached accessory structures shall be permitted in residential districts in accordance with the following requirements: (1) Detached accessory structures shall be located to the side or rear of the principal building, and are not permitted within the required front yard or within a side yard abutting a street. (2) Detached garages shall not exceed 1,000 square feet at ground floor level and shalt not exceed a height of 22 feet or the height of the principal structure, whichever is higher. The maximum size and height may be increased upon approval of a conditional use permit, provided that lot coverage requirements are satisfied. (3) Pole barns, as defined herein, exceeding 120 square feet shall be prohibited. (4) No more than 30% of the rear yard area may be covered by accessory structures. 17 (5) Garage doors or openings shall not exceed 14 feet in height. (H) Accessory Uses _(1,14,43 Exterior Storage in Residential Districts. All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following: a)_-(-14 Laundry drying; #_:))_+2-) Construction and landscaping materials and equipment currently being used on the premises. Materials kept on the premises for a period exceeding 6 months shalt be screened or stored out of view of the primary street on which the house fronts; la-(-3-) Agricultural equipment and materials, if these are used or intended for use on the premises; (-4} Off-street parking and storage of vehicles and accessory equipment, as regulated in § 154.095; Le1(-5) Storage of firewood shall be kept at least 10 feet from any habitable structure and screened from view from adjacent properties; and tft-(64 Outdoor parking. thug) Temporary sales. Temporary sales, also known as yard or garage sales, are permitted in all residential districts, limited to 2 per calendar year per residence, not to exceed four 4 days in length. 01 Accessory Uses and Structures Not Listed. Standards for accessory uses and structures that are permitted in all districts, or in all residential buildings in any district, are listed in Articie 7, Spe,:ejfic Deveiopment anciard. These include uses such as family and group family day care, bed and breakfast facilities, and home occupations, and structures such as swimming pools and solar equipment. SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Table 8-1 Zoning Districts; Section 154.350: Division Into Districts; of Article VIII Zoning Districts and Zoning Map; of Title XV: Land Usage; of the Lake Elmo City Code of Ordinances, is hereby amended as follows: 18 A. Ai/ Arccts Zoned. The incorporated areas or Lake Elmo are hereby divided into the following zoning districts: Table 8-1: Zoning Districts R2 One and Two Family General GB General Business A Agriculture RR Rural Residential RT Rural Development Transitional RS Rural Single Family RE Residential Estate GCC Golf Course Community LDR Urban Low Density Residential MDR Urban Medium Density Residential HDR Urban High Density Residential VMX Village Center — Mixed Use C Commercial CC Convenience Commercial LC Neighborhood Office/Limited Commercial BP Business Park/Light Manufacturing PF Public Facilities 154.033 154.034 Article XI Article XI Article XI Article XI Article XI Article XI Article XII Article XII Article XII Article XII Article XIV Article XIV Article XIV Atticle XIV Article XV SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Section 153.14: Park Land Dedication Requirements; of Chapter 153: Subdivision Regulations; of Title XV: Land Usage; of the Lake Elmo City Code of Ordinances, is hereby amended as follows: Zoning Districts R1, R2, R3, andR4 RS, GCC, LDR, MDR, HDR RE 19 Minimum Required Land Dedication 10% 10% 7% RR and AG 4% Zoning Districts Minimum Required Land Dedication GB, LB, HB, BP, CB, Fee as set by Council resolution C, CC, LC, VMX Fee as set by Council resolution RR and AG with OP Conditional Use Permit 7% RR and AG with OP -A Conditional Use Permit 1 O'Yci SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08- was adopted on this 7th day of February 2017, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Al I EST: Julie Johnson, City Clerk This Ordinance 08-167 was published on the day of , 2017. 20 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2017-16 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-167 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-167, an ordinance creating a Golf Course Community Zoning District within Article XII: Urban Residential Districts of the Zoning Code of the Lake Elmo City Code of Ordinances; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following sun -unary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-167 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. 08-167, which: Section 1. Creates a Golf Course Community (GCC) Zoning District within Article XII: Urban Residential Districts of the Zoning Code of the Lake Elmo City Code of Ordinances. A summary of the Golf Course Community Zoning District is below: The district is intended to permit urban residential developments in conjunction with a golf course. Densities within the district range from 1.4 to 1.65 units per acre. Permitted and conditional uses within the district include single-family detached dwelling, secondary dwelling, wayside stand, golf course, outdoor recreation, indoor athletic facility, and parks and open space. Permitted and conditional uses accessory to a golf course include restaurant, drinking and entertaining establishment, and semi -transient accommodations. Permitted and conditional accessory uses within the existing urban residential districts are also included. Minimum lot area, width, and maximum impervious surface standards are slightly increased from those of the LDR zoning district. • Site development standards for development within the Golf Course Community District are set forth, including the following: o 50% of gross acreage being developed must be designated as golf course or open space. o 100' buffers from the property lines of surrounding residential parcels within the city are required and must be part of the open space of the development. o Trails, walkways, or paths must be included within the development and make planned connections to planned or existing trails within the community. Specific development standards for secondary dwellings, restaurants and drinking establishments, indoor athletic facilities, and semi -transient accommodations within the Golf Course Community district are set forth. Section 2. Adds GCC — Golf Course Community as a zoning district within Table 8-1: Zoning Districts of Section 154.350: Division Into Districts; of Article VIII Zoning Districts and Zoning Map; of Title XV: Land Usage; of the Lake Elmo City Code of Ordinances. Section 3. Amends Section 154.14: Park Land Dedication Requirements; of Chapter 153: Subdivision Regulations; of Title XV: Land Usage; of the Lake Elmo City Code of Ordinances by setting forth the same parkland dedications requirement (10%) for development within the GCC Zoning District. The full text of Ordinance No. 08-167 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: February 7, 2017. ATTEST: Julie Johnson, City Clerk (SEAL) Mayor Mike Pearson 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. STAFF REPORT DATE: JANUARY 23, 2017 REGULAR ITEM #: 5c (CAsE #2016-58) MOTION TO: Planning Commission FROM: Emily Becker, Planner AGENDA ITEM: Zoning Text Amendment —Golf Course Community Zoning District REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The City Council approved a Comprehensive Plan Amendment on January 17, 2017 to re -guide the area formerly known as Tartan Park to a newly -created Golf Course Community land use designation and to expand the MUSA. The creation of the new land use category suggests a new zoning district. At its previous meeting, the Planning Commission held a public hearing and considered a new Golf Course Community (GCC) zoning district. Staff was given feedback on the ordinance, but the item was tabled in order for additional information to be gathered regarding the proposed "cottages" for the Royal Golf Course. ISSUE BEFORE THE COMMISSION:, The Planning Commission is being asked to consider the proposed zoning district entitled ''Golf Course Community." ANALYSIS/PLANNING AND ZONING ISSUES: Density. The approved density of the Golf Course Community Land Use Designation was 1.4-1.65. The zoning district allows this approved density. There is currently no urban residential zoning district that allows for density this low. Allowed Uses. • The proposed permitted and conditional uses of the zoning district are outlined in the attached ordinance. • Definitions of these uses are also attached for reference. • Semi -Transient Accommodations ('cottages") are not recommended, for reasons outlined below. Site Design and Development Standards. Standards for the following uses within the Golf Course Community Zoning District were amended since the last meeting: o Secondary Dwellings. • Secondary dwellingsdwelhngs within the GCC district may only be within the principal building. o (General) Development within the GCC District, BUSINESS ITEM 5c • Buffer widths may be reduced as determined by Council in areas where existing mature vegetation and/or existing or created topography changes provide year round buffer. • Street Design was eliminated. o Restaurant and Drinking and Entertaining. • Must be located within same structure as club house and pro shop. • Must meet commercial design standards set forth by Design Guidelines and Standards Manual. o Indoor ,4thletic Facility. • Must be accessory to golf course and owned and operated by piivate developer or HOA (not by freestanding commercial operation). Semi -Transient Accommodations. The developer has indicated that the Semi -Transient Accommodations ("proposed cottages") would be owned and used by the golf course owner for entertaining and short-term accommodations for his guests. The developer has provided example floor plans for similar structures and suggested the location of the proposed "cottages" would be on an open area adjacent to the clubhouse parking lot, overlooking the course. If the Commission wishes to recommend that this use be included as a conditional use within this zoning district, it is recommended that the following standards be included within the ordinance: o (R) Semi -Transient Accommodations, GCC District. (1) Must be accessory to a golf course. (2) Must be limited to boarding houses, as defined in 11.01. (3) Must be owned and operated by either the owner of the golf course or homeowner's association and must not be a freestanding commercial operation. Planned Unit Development (PUD) • The area that is planned to be re -guided to the Golf Course Community Land Use Designation is planned to be development through the PUD process. o Therefore, the applicant will likely seek some flexibility in zoning requirements set forth in this zoning district. o This district is setting forth general standards for development. RECOMMENDATION: Requested Opportunity for Public to Speak. Although it was not required to publish an additional public hearing notice, some who spoke at the last public hearing requested an additional opportunity to speak when the item was brought back to the Commission. Staffis recommending the Planning Commission recommend approval of the proposed Golf Course Community District: "Move to approve the addition of a Golf Course Community Zoning District to the Zoning Code." ATTACHMENTS: 1. Draft Ordinance 08- 2. Definitions of Uses Proposed to be Allowed within the Golf Course Community district 3. Example " cottages" ORDER OF BUSINESS: - Introduction........... ..... ................. ....... ........ ...... Planning Staff BUSINESS ITEM 5c Report by Staff....... ....... ......... ..... Staff Questions from the Commission....................... Chair & Commission Members Open the Opportunity for Public to Speak._ ...... ..... ..... ........... ....Chair Close the Opportunity for Public to Speak ........ ...... ...... ...........Chair Discussion by the Cornmission......................... Chair & Commission Members Action by the Chair & Conunission Members BUSINESS ITEM 5c Planning Commission Draft 1/9/17 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY CREATING A GOLF COURSE COMMUNITY ZONING DISTRICT SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Article XII; of Title XV: Land Usage; of Chapter 154: Zoning Code; of the Lake Elmo City Code of Ordinances, is hereby amended as follows: URBAN RESIDENTIAL DISTRICTS § 154.450 PURPOSE AND DISTRICT DESCRIPTIONS. The urban residential districts are established to provide areas for residential development that are served by public sewer and water services in accordance with the city's Comprehensive Plan. The objectives of these districts are to preserve and enhance the quality of living in residential neighborhoods, to regulate structures and uses which may affect the character or desirability of residential areas, to encourage a variety of dwelling types and locations and a range of population densities consistent with the city's Comprehensive Plan, and to ensure adequate light, air, privacy and open space. The residential districts and their purposes are as follows: Gar G>1 COD.; 5.e? COMO': D IL(GCI 3>t 3stendo.1 :Luton: residential. (levet:homer/Is 1 11 C r>> 1>0» Wi qiDei" DenUeSe De 1,OP L>0L Ipi 00 t dir;c e 0 rVOhl e e?te:i0 P1> 1 3> 3Le.,:::;tendnd33 /. SYS t ,11dt, dtdittdt ddd VehrCie roll ic The (CC dioto3o15 ;irttehled deavhih died:5 for_.. Inhhei than hidle:40Reaidentird thshdcts randmq 1 rorn11,4 > 2.49 n per a I. re adedhrhe 3371» shoce ba f ltddt 1 odvideo 1004>0 itiDD be "ve e (2' der r4 4 WIN?73 &PldhOIDi ,e 1 le 11'eo» 71i ,tt d vt, I do; n d 11", in the dist4ict dtitt t:onsitd, of on enttd CiiVriefif of or IV einclee D.:2MM/ dwhdinqs. o hd.1 lets .Jihi'hh,/ 1o> >rrr 0» hheec.r>0 zrhon those .;e0Sr, LiChari 2 eSideri tie!. ['AS LDR Urban Low Density Residential District. The LDR district provides an environment of predominantly single-family dwellings on moderately sized lots, and is designed to be the most restrictive of the urban residential districts. The LDR district is intended to provide areas for lower density residential development within the city's planned sewered development areas, and may be used to provide a transition between rural development areas and the city's urban development and 1 Commented [BGAIJ: Consider saying "adequate" buffers rather than open space buffers as you may wish to use vegetation, topography, berming or other buffering methods when appropriate. -- —1 Commented [E82]: Need to verify actual density numbers Planning Commission onq« 1/9117 districts. Densities shall range from two Z to *units per acre; however, the overall density for a specific development area must be consistent with the net densities specified in the Comprehensive Plan. The lot size and other district standards allow for the creation of smatter tots with the expectation that common open space wilt be provided within developments that exceed the base densities (at low end ofthe land use density range) within the Comprehensive Plan. �:5-�c!,,LMDRUrbonMcd/umDensitygesidentio/District.TheN0Rchstrictis established to provide for a diversity ofhousing types in those areas where such development is consistent with the medium density residential designation of the comprehensive plan and compatible with the development pattern o/the surrounding area. Clustering ofbuildings to permit more orderly development and to preserve open space within new developments isencouraged. Development within the district shalt occur at densities in the range of to 7 dwelling units per acre, with two'famiiy dwellings and townhouses permitted. The city wit[ determine the aUnvvpd density for a piece of property at the time of the development application, and this determination wilt be based upon the site -specific characteristics ufthe property and the requested development. Factors to be considered in increasing urdecreasing the allowed density include the existing environmental conditions such aswetlands, fluodp(ains' steep dopes' significant trees; the specific site plan; the amount of open space preserved, and the type nfhousing units proposed, including whether greater density is desirable because the development contains housing that is consistent with the dty's housing goals. The burden of establishing the appropriateness of the high end vfthe density range will beonthe applicant. (Dj� HD8Urban High Density Residential District. The HD»district is established to provide for anenvironment of moderate to high'dend,yatmched and mu(d'hamUyhnvdng. designed topresent anattractive appearance Loneighboring streets and adjacent uses, toinclude sufficient private and senni'phvateuutdoor space, and to beve|(integrated into their surroundings. Small office and service businesses oflimited size and extent maybe allowed asconditional uses. The HDR district isappropriate as transition between commercial orindustrial districts and surrounding neighborhoods' and in already developed higher -density areas. Development within ,he district may occur at densities in excess of7 dwelling units per acre, provided the overall densities for within adevelopment area are consistent with the net densities specified inthe Comprehensive Plan and that adensity analysis isused consistent with the purpose statement for the MDR district. (Ord. 2012-062, passed 9,18-2012) 5 154.451 PERMITTED AND CONDITIONAL USES. Table 10-1 lists at[ permitted and conditional uses allowed in the urban residential districts, ^P^ indicates permitted use, ^[^aconditional use, Uses not soindicated shall be considered prohibited. Cross-references listed in the table under 2 Planning Commission u,mt 119117 "Standards" indicate the location within this chapter of specific development su^ndardsthat apply tothe listed use. (A) Combinations vfuses. Principal and accessory uses may be combined on a single parcel. Aprincipal and secondary dwelling unit may becombined according tothe standards of5154.*;�e£5C ') Single-family attached or moih'famik/complexes designed for rental nrcondominium occupancy, typically include multiple units and buildings on asingle parcel. Table 10'1: Permitted and Conditional Uses, Residential Districts GCC oesiden'tia|�^—e—s-- Singla-family detached dwelling Two'fand[ydwelling - Single-family attached dwelling Multifamily dwelling (rental or condominium) Secondary dwelling Live -work unit Manufactured homepark � MDR HDR — nt p P P 154.441 P P 154. 4"�-4 4 � -1(F) P P 154.4"� :,-'5 4(6),(J) C P 154.47w454 C [ C 154',-7-,1 -!51I(Q [ 154j,"4' -1".'�4 (L) Group Living Group Home P P p 6roupesiUeotia| [ [ facility 'E) Halfway House [ 0241/ /54,31)1 .B; Congregate Housing [ [ _~1Commented poqu°u" nuwier°^w°w"iul. | ~~'jcw"memo /Ewn.n,°,are *" ,Id "*,d,.°tfur min GCC Sales of Merchandises Neighborhood convenience store Wayside stand Outdoor Recreation Planning Commission Draft Semi -transient accommodations Public and Civic Uses Community services Day care center Schools, public and private Services Offices Funeral home Personal services Nursing and personal care LDR MDR HDR c Standard Golf course 415 Outdoor recreation facility Parks and open areas P P P „ 1/9/17 Commented [EBSi: ihoe afe iQollyo standards loe cummunIty !,ervice, m the Zoning Code, only a definition Commented 1E061 ihero only a defillitt011WattlfiLhe ZE,071111g1 ode Of a diAV t Mt? contof Planning Commission Draft 1/9/17 -Transportation and Communications Broadcasting or communication facility -Accessory Uses Home occupation P P P 1,5111Sli„Li111LLIg1'1 Bed and breakfast 15-4,310 Domestic pets Family day care p.P P P Group family day care Temporary sales Parking facility C Solar equipment f1° P P P 15'1. 414 „4 Swimming pools, hot P P P P tubs, and the like Water -oriented 11 P P P accessory structures Dilrikv12 :and tairrm,-1 1.1:0 P11,4 411).4 -- —4 Commented FEBn Flivre Jr, na tut thr,JiiI definition, Commented [EBB]: her ire.t. .clanglaill;urtheS”- otIydc-linttion Planning Commission Draft 1/9/17 .15:01 3111: c 1:5,0t Other structures typically incidental and clearly subordinate to permitted uses § 154.452 1,0T DIMENSIONS :1ND BUILDING BULK REQUIREMENTS. Lot area and setback requirements shall be as specified in Table 10-2, Lot Dimension and Setback Requirements. Table 10-12:Lot Dimension and Setback Requirements,,Residential Districts GCC ILDR MDR - I Minimum Lot Area (sq. ft.) Single family detached dwelling Two-family dwelling (per unit) Single-family attached (per unit) b Multi -family dwelling (per unit) 8,000 HDR 7,000 5,000 5,000 4,000 3,000 4,000 2,500 4,000 1,800 Secondary dwelling 1'. 50050451 1:510451 0..: Live -work unit Congregate Housing Manufactured Home Park 3,600 -402 I :54 550 C 1 5-1. 13(:11 :5: 45.555:551-a1.1:: 5,1:45,54-5,51402 15 1151 .55 150 Commented IEB9):"1he ui fumy not wish j to tecoroniend I dlipiovotl --- Commented (EBlel: Calt-111:11.eitiy rooltifilving 11111-01111111i 1(lt Width (/1Y) ry typical lot ilt.pth ol 1311, 11.101, wa,, th,, 1111il11I1111111 lot are,i of Mlle! 10)011 idcr,I,I Wri l,,ere (tett:4 ) Planning Commission Draft 1/9/17 Minimum Lot Width (feet) Single family detached 7) 60 50 50 dwelling Two-family dwelling (per 425- unit) Single-family attached (per 25 20 unit) b Multi -family dwelling (per 75 60 building) Live -work unit 25 Maximum Height (feet) 25 35 35 50 Maximum Impervious 40% 50% 75% Coverage LDR MDR HDR Minimum Building Setbacks (feet) Front yard Interior side yard e Principal Buildings Attached Garage or Accessory Structures f,g Corner side yard Rear yard Notes to Urban Residential Districts Table 25 25 25 20 1c, 10 10 o 5 5 10d 15 15 15 20 20 20 a. Common open space areas may be used in the determining whether or not the minimum lot areas within a development are met, when provided as part of an overall development plan, 7 Planning Commission Draft 1/9/17 b. Two-family units may be side -by -side with a party wall between them ("twin") or located on separate floors in a building on a single tot ("duplex"). The per -unit measurements in this table apply to "twin" units, whether on a single lot or separate lots. The standards for single-family detached dwelling shall apply to a "duplex" containing two vertically -separated units on a single lot. c. In the case of single-family attached dwellings that are not situated on individual lots, minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500 square feet. This standard is also used for multifamily dwellings. d. Single family dwellings (both attached and detached) and two-family dwellings may use the side yard setbacks within MDR zoning districts. e. In a block where the majority of the block face has been developed with the same or similar setbacks, the front setback for the remaining lots on that block face shall fall within the range established by the existing setbacks. f. In situations where a garage or accessory building is set back less than 7 feet from a side property line, the maximum permitted encroachment for anything attached to said building (including eaves, overhangs, steps, chimneys, and other appurtenances as described in Section 154.081) will be two (2) feet. g. Side yards setbacks shall apply to the ends of attached or two-family dwellings. h. Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table. S 154.453 DIMENSIONAL REQUIREMENTS AND PRESERVATION OF OPEN SPACE. (A) Averaging of Lot Area. When lots are clustered within a development to provide common open space, the open space may be used to calculate an average density per lot to determine compliance with the individual lot area requirements. (B) Lot Dimension Reductions. Other reductions in dimensional standards may be considered as part of a planned unit development if these reductions provide for common open space within a development. (C) Lots Adjacent to Public Greenway Corridors. On any lot that abuts a public greenway as depicted in the Comprehensive Plan the minimum setback for all structures, including accessory buildings, shall be the required rear yard setback for the district in which said structure is located. S 154.454 SITE DESIGN AND DEVELOPMENT STANDARDS. Development of land within the urban residential districts shall follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in Articles 2. The following standards apply to specific uses, and are organized by district. 8 Planning Commission Draft 1/9/17 (A) Planned Unit Developments, All Urban Residential Districts. A planned unit development may be submitted for consideration within any residential district, subject to the requirements and standards established in Section 154.800, Planned Unit. Developments. (1) A residential development that exceeds 15 units per acre in an HDR Zoning District may be allowed as a Planned Unit Development in accordance with the density bonus provisions of Section 154.800, Planned Unit Developments. (B) Single -Family Detached Dwellings, Al! Urban Residential Districts. All single- family dwellings shall be at least twenty-four (24) feet in width, at least nine hundred sixty (960) square feet in area, and be placed on a permanent foundation. (C) Secondary Dwelling-, ,-:\,`--A,-.::114.o.-R,--,5i.(:kr4.,i'o4 -,0444.444;,4-s. The purpose of a secondary dwelling is to provide life -cycle housing opportunities for family members or small households of one or two people, while providing more efficient use of large single- family dwellings or large lots. CO 6(..C1:2)1'6'.vic.f.s: •,1 A. 5econd,!..i.: islaveilird, ifriiit mait be Located 'Within a !i:i.l'inc11?..it't sirtirort:iti itstircl ad fp slot-Abafnlay detached hiteptd0hat, be above fiftiff!frf)tersdif cf....Si:IF:cif:fa:St, PO There ft ed,t be no more triao oee dor:ore-0pp diareienti wet on the zuribtot tot. b? :ipt. tiini,sz °hap ittoppdtml2 unit ,,)c) iirtC, ZOning, l"),;(U trk., CANnef . OCCU,,De'CA. ii The hair -absorb Tot ereo:b be 2.500 squab e feet 'dreamer Or 'tiln ptie raosephitro ite,- area regotred tor a shitdisifarri-ev clot -rushed dye:site-et 01 this Poi -hive sisofti0.0. o The sorsestrance i-.0: th‘::' NM:dined, 0-0-A sitarratidit tiad ho a sts,tetarrdha tivietheds. Aria' nevi ch ard0Pacteed thibeinces roost ;rice the side or mat, of this bits Exterier 0nriti matened.s, tram, root hatch. ifiondopirs. tetves and other. driapitecturat ieatabas ca the residleion nattitii tart the same ot- ter:Jar:the.' itiorhoatabits with those of t-Sne erbdrife, bi ithliti as pa Stath not. cortrion more than 300 of 0-02. propoNd iti,,,dtwo0ati, boor aria or 000 a.aklale feed„ potrichevei is Trops. Is haver:it-0A bardta ica fhb >,ii.tr pfathin this riai,i-r dititidisr in ototstion shaiii Ociit be exceeded (2, ! i. OR „MDR , Y..:P7d HOP (dip er ea. ap 9 Planning Commission Draft 1/9117 a) Asecondary dwelling unit may bo located within a principal structure used asasingle-family detached dwelling, above detached garage, or within a separate detached structure, b> There shall be no more than one secondary dwelling unit un the zoning tot. c) At least one dwelling unit on the zoning tot shall beowner- occupied. d) The minimum tot area shall be 2,5VOsquare feet greater than the minimum tot area required for a single-family detached dwelling in thezoniny district. e) If the secondary unit isincluded in the principal building, the appearance nfthe building shall remain that ofasingle-family dwelling. Any new oradditional entrances must face the side o/ rear nfthe building. f) Whether the secondary unit isanaddition toanexisting structure or new detached structure, roof pitch, windows, eaves and other architectural features must be the same or visually compatible with those ofthe principal building. Exterior finish materials and trim must be the same orclosely match intype, size and location the materials and trim ofthe original building. g> Asecondary unit within the principal structure shall not contain more than 30%ofthe principal building's total floor area ur8OO square feet, whichever is less. Adetached secondary unit shall not exceed 1.V00square feet iogross floor area. h) Impervious limits for the [at within the zoning district in question shall not beexceeded, (D) Wayside Stand, All Urban Residential Districts. (1)Nomore than one stand per lot shall be permitted. (l)Adequate off-street parking shall be provided. ([) Single -Family Detached Dwelling, All Urban Residential Districts (1)Noparking shall belocated inthe front yard orbetween the front facade and the street except un a permitted driveway. (Z) The primary entrance shall be located on the facade fronting a public street. (F) Two'Fom//yDwe//ing, MDR and HDR Districts, 10 Plannfng Commission Draft 119117 (1)Noparking shalt belocated inthe front yard orbetween the front fa�ade and the street except on a permitted driveway. (I)Access mthe second dwelling unit shall bneither through acommon ha\kwayvvith one front entrance, or by means ofa separate entrance. (]) New housing types should be introduced in limited quantities tnincrease diversity and housing choice, not to replace whole blocks ofexisting housing. Therefore, nomore than 1/1ofthe lineal frontage ofadeveloped block may be redeveloped astwo-family units, and nofurther two'famik/or higher density development ispermitted once this threshold isreached, Linea( frontage shalt be measured around the entire perimeter n/the block, (4)Two-family dwellings shall be designed to reflect the general scale and character ofsurrounding buildings on surrounding blocks, including front yard depth, building width height and roof pitch, primary materials, facade detailing and size and placement ofwindow and door openings. (G) Single -Family Attached Dwelling (Townhouse), MDR District. (1)Amaximum of8units shalt he permitted within a single building. Buildings with more than 8units may beallowed asa conditional use, (Z) Townhouses shalt be located on lots in such away that each individual unit has minimum of 15 feet ofstreet frontage. No parking shalt be located in the front yard or between the front fa�adeand the street. (a) Townhouses that do not meet the minimum requirements for frontage along astreet orthat have frontage along a private street may be allowed as conditional use. (]) The primary entrance shall he located on the fa�ade fronting public street unless the townhouses are approved as Conditional Use under division 5154.455.(G)(2)(a) above; anadditional entrance may beprovided onthe rear nrside facade. (4)New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks ofexisting housing, Therefore, nomore than 1/4ufthe lineal frontage nfadeveloped block (measured around the entire block perimeter) may be converted to townhouse units, and nofurther townhouse, two-family nrhigher-density development b permitted once this threshold is reached. (5) Townhouse units shalt bedesigned toreflect the general scale and character of existing buildings on surrounding blacks, including front yard 11 pfonnmgcnmmu,ioo Draft z$yur depth, height and roof pitch, primary materials, facade detailing and size and placement o/window and door openings. (6) Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise a minimum of 5OOsquare feet per unit. (H) Mu/t/'Fvm/(y0uUdhng. MDR District. (1)Amaximum cf8units shall bepermitted within asingle building, Buildings with more than 8units may beallowed asaConditional Use. (l}Tho mu\d'famhk/ building shall be designed to reflect the general scale and character of buildings on surrounding blocks, including front yard depth, roof pitch, primary materials, fa�ade detailing and size and placement ofwindow and door openings. (}) No parking shalt be located in the front yard o, between the front faqade and the street. (4)New housing types should beintroduced inlimited quantities tu increase diversity and housing choice. not to replace whole blocks nfexisting housing. Therefore, no more than 1/4 of the lineal frontage of a block (measured around the entire block perimeter) may bedeveloped as mu|b'famik/units, and nofurther muid'famiiy, two-family urtownhouse development is permitted onthe block once this threshold is reached. (5) Common open space for use byall residents orprivate open space adjacent to each unit (as acourtyard urbalcony) shall be provided. Such open space shalt comprise a minimum of}U0square feet per unit. (|) Funeral Home, HDRDbt/icc 4facility developed after the effective date of this chapter shall have access tnan arterial urcollector street ofsufficient capacity to accommodate the traffic that the use will generate. A minimum oftwo access points shall beprovided. (1) Additions ornew construction shall be designed to reflect the general scale and character ofthe existing building and surrounding neighborhood, including front yard depth, roof pitch, primary materials, ta�ade detailing and size and placement of window and door openings. (]) Single -Family Attached Dwelling, H08 District. (1)Amaximum of 1Ounits shall be permitted within asingle building. Buildings with more than 10 units may beallowed as conditional use. 12 Planning c»mmi5`umDraft 119117 (I)Townhouse dwellings shall belocated onlots insuch away that each individual unit has aminimum nf15feet nfstreet frontage. Noparking shalt helocated inthe front yard orbetween the front taqadeand the street. (a) Townhouses that do not meet the minimum requirements for frontage along astreet urthat have frontage along private street may heallowed asaconditional use. (DThe primary entrance shall be located onthe facade fronting apublic street unless the townhouses are approved as a conditional use under division (J)(I)(b) ufthis section; an additional entrance maybe provided on the rear or siUefa�ade. (4)Common open space for use hyat[ residents or private open space adjacent tneach unit shalt be provided, Such open space shalt comprise a minimum of ]OOsquare feet per unit. (K) Mu(d'Fam//y8u//d/ng. HDRDist//cL (1)Nuparking shalt belocated inthe front yard orbetween the front fa�ade and the street. (2)Common open space for use by all residents mprivate open space adjacent to each unit (as acourtyard or balcony) shalt be pruvded. Such open space shall comprise aminimum of2O0square feet per unit. (L) Live -Work Unit, h08District. The purpose ofa live -work unit isoo provide transitional use type between a home occupation and a Larger commercial enterprise. and Loprovide neighborhood -oriented commercial services, while maintaining generally residential character in which the work space issubordinate to the residential use. (1)The work space component shall beLocated onthe first floor orbasement ofthe building. (Z)The dwelling unit component shalt maintain a separate entrance located on the front orside fa�ade and accessible from the primary abutting public (3)The work space component of the unit shalt not exceed ]01% of the total gross floor area of the unit. (4}4total nftwo off-street parking spaces shalt be provided for a |km'work unit, located to the rear of the unit or underground /enclosed. 13 plonninommmissfonDroft 11911/ (5)The size and nature ofthe work space shalt belimited suthat the building type may Uogoverned byresidential building codes. 4nincrease in size or intensity beyond the specified limit on floor area would require the building to be classified as a mixed -use building. (0The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing (by appointment only) associated with fine arts' crafts, orpersonal services. |tmay not include awholesale business, a manufacturing business, acommercial food service requiring alicense, a limousine business nrauto service nrrepair for any vehicles other than those registered to residents ufthe property. (7) The business of the live -work unit must be conducted by person who resides on the same tot. The business shall not employ more than l workers on -site atany one time who live outside nf the live -work unit. (^4) Offices q/Personal Services, HDRDistz/ct. The establishment shalt not exceed 3,000 square feet in size, and maybe located within a muih'famiiybuilding ora freestanding building. (1) Additions or new construction shall he designed to reflect the general scale and character ofsurrounding buildings, including front yard depth, roof pitch, primary materials, facade detailing and size and placement ofwindow and door openings. (l) No parking shalt be located in the front yard or between the front facade and the street. (J) No building shalt be constructed and no residential building shalt be wholly orpartially converted to such a use within adistance uf3OVfeet from any other retail orservice business on the same street within the MDR District. (M) Neighborhood Convenience Store, HDR District. (1) The establishment shalt not exceed ],000square feet insize, and may be located within a multi -family building orafree-standing building. (2) Additions n,new construction shalt be designed to reflect the general scale and character ofexisting buildings on surrounding blocks, including front yard depth, roof pitch, primary materials, facade detailing and size and placement ofwindow and door openings. (}) No parking shall be located in the front yard or between the front facade and the street. 14 Planning Commission Draft 1/9/17 (4) The use shall occupy a corner property. Any freestanding building developed on such a property shall have a minimum setback of 10 feet from each right-of-way line. (5) No building shall be constructed and no residential building shall be wholly or partially converted to such a use within a distance of 500 feet from any other retail or service business on the same street within the HDR District. .(iCC L»c . 0LL,er7 S,t.N.Ice Required, A mirunoi of of the cirgss CIC1''J.1");-,ed Goli Course, Community roust be ,,iesnateci 'as; ftsztlitteiLL.,,,,,oti cokt!',(r" 311d;L;,ttcc..,c,..(2.:t1Yt!:?.s.t9,t"as ct Pt:m SDacei. [(6...fjnfettn, Rtelrenetd„ Alt residential lots ITIUS1, t)eta?tr0 yourn of -EDO feet from exttotayal 1residentt41191svyjttl-0n the city on the ocsriohory of the propo's'itd Golf Course! Contrnra0v. Tho rcesultinf„-et huller are A shall bet part. of the required 500 nrtAcot.,,i3itnff where existkw vrialuro vec.tetation and/or cli3rieLs, in tooragraphy °co trrirt9, on tho. sato oposed for devetopment exist or are introdurtnt de 'an oftectrys:tyiateround rtnffre jrs'y,,,_.)Ooi its teantelniest of oaths must be aroordeti devetopment and make tdeanned conneetrons to exterhat trati,s, ',,,,eiikways or rats \vttittrt We cfflicowli',v, rheiee u05ta'ew he i n020trait c:onnestavini 21000 2)02)00e2e6 boostrn;:; and tho ct;011 coorso or trernt area 20 otten sp,tos; i?teirett ostaolishod1 .110 Gr,01 COi20T11,101y, twte0.l; ittnrixItt,trazt.,datto ,F.-tiooe.>rtathosi)rooseci+K:c.,:, yet tt,',trt rc'etfainatesant Onnk4r+,';'i rter Canainet. 6CO, Oireutire, i3nd elrialtinta and entstrtatntotti estabtashrnents ont hie, the t:',,ott: Course Consiteca;ite rnust adhere te the foli.oettinc. standet d. Must be trystated tsar hint the t-,,arne tilnesa, ''rT.S 111C hutiSe and lu snop '12 tas 20 tnait tho ntimoof of stattnanros eetthin tlson ettAl ntyrse raret,,,,,, nne. eintitete 132 the, hoore of 1,-.1co Aho, iUO2. ‘oF oLi-servvioii tqcA.erriorircd 3i. .Ove -",Corou?,h ttervine brottibitett:t,,, 201320120.I112 Restaurant ttetrtior drinettort, ant1 son,ortetintres testebbahretent. Counrs',,t, 15 Commented 1E13111; 'The !ifr.i open Irmo, requirement word(' allow more development within the acre age being guided lor Golt Course Community. Currently, the Intal ai ea being guided for golf course community approKiniately 424 15115, The current planned lot area of the development is approiiirmitely 9r.., acres-. The Corriniiron may wish to incr.:a:4,e the perceritar;e of requiwil open vace II wGhirs to !rather develop. \ Craned "Jelin. ;lied to' to 'tlesignaled as' Commented [EB12]:SUITIC Who :peke at the public hear mg ,tated this hufter width wa:, not wide eti0u01.. Commented [EB131:Thii vine, pr esented bid not I, pr evroin, Commiyrion (haft or (finance. The Control, !rtiould c Mendel 1exceptiory, could be made bawd criteria. --- Commented IEB141'., Th'r; cuintnent was eliminAted hosed I r on feedback from the Planning that trie1 is a City standard already and therefore not needed lo be reiterated. ----- Commented [EB151; Planning Comoriviiiiii recommendation to mandate that the re'.-Tarriant be located within the 11515 building as the pro shop and club I louse. Planning Commission Draft 1/9/17 ioosoiorssoot„ ':osortIclontr, osfror tS:lArso Ooskis..?Oossos tRtts-islols for cosorsor::Tcia doorkosnon. ; s commented [EB161:1,1,,,,g reLonunnod.n1 eda, i:;iei i2Cfii,Cs CC /Xs s s'ossIss. sss,oLe'sososo v s's cs:c ss „ 910' by. ss: froe,ssssisro:flios:s: so:oroterssiro csocs:so,sticsoo Fs' seossorsoo.nosis-tiqotisso IsCO- cs)'o;.osis Joso°s-oo..? 3,1,"3 310!J OW"3.,.^3 I Orslit-od iorssosoi.os"!, ,r,osssl'...s1..ts-toc.i s' y PAL a Ilk p-r?i,"a L h."! ofoli os.srso sor ssso ilys.oes s-st Is's; s ,snd 1'ms:3" 033 3 frs-orrsstondil,o f..Ornrcl,1 U01:n:3' a', '`.11.1 commented main h (:41m1bp,5107) may of may not, wish to mcud e aontialonat 11 not, lannat 154.455 RESIDENTIAL DISTRICT DESIGN STANDARDS. i standar may be I emoved, Review of Design. For certain development activity as specified in the Lake Elmo Design Guidelines and Standards Manual, design review is required as part of the approval process for a permit or certificate under this Ordinance. All projects subject to design review shall be reviewed for conformance with the Lake Elmo Design Guidelines and Standards Manual and shall follow the review procedures specified in 5154.506.A. 154.456 ACCESSORY USES AND STRUCTURES. Accessory uses are listed in the Urban Residential District Use Table as permitted or conditional accessory uses. Accessory uses and structures in the urban residential districts shall comply with the following standards and all other applicable regulations of this subchapter. (A) Phasing, No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. (B) Incidental to Principal Use. The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. (C) Subordinate to Principal Use. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. (D) Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. 16 Planning Commi5sion Draft 119117 (E) Location. The accessory use orstructure shall be located on the same zoning Lot as the principal use orstructure, 5154.*57RESIDENTIAL ACCESSORY STRUCTURES, In all residential districts, the design and construction ofany garage, carport, or storage building shall be similar tpurcompatible with the design and construction of the main building. The exterior building materials, roof style, and colors shalt be similar to or compatible with the main building or shall becommonly associated with residential construction. (A) Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when itbconnected by an enclosed passageway. Al|attached accessory structures shalt besubject 0o the following requirements: (1)The structure shall meet the required yard setbacks for a principal skucture, as established for the zoning district in which it is Located; and (l) The structure shall not exceed the height of the principal building to which kisattached. (B) Attached garages, (1)Attached garages are encouraged o/ beside nrrear loaded. |ffacing the primary street, garages shall be designed using one of the following techniqucs, unless specific physical conditions on the |nt in question require a different approach: (a)The front ofthe garage is recessed at Least 4feet behind the plane ofthe primary facade; (b) The front of the garage is recessed at least 4feet behind a porch if the go/age is even with the primary faqadc; or (2)The width ofthe attached garage shalt not exceed bV%o(the width ofthe entire principal buUdingfa�ade (including garage) fronting the primary street. (}) Attached garages shall not exceed 1`O0Dsquare feet inarea at the ground floor level except by conditional use permit. (1) Garage doors uropenings shalt not exceed 14feet in height. (C)Detached structures. Detached accessory structures shall bepermitted in residential districts in accordance with the following requirements: 17 pmnnmgCommission Draft 1/$17 (1) Detached accessory structures shalt be located to the side or rear ofthe principal building, and are not permitted within the required front yard or within side yard abutting astreet. (2)Detached garages shalt not exceed 1.00Osquare feet atground floor level and shalt not exceed a height u/IZ feet orthe height ufthe principal structure, whichever is higher. The maximum size and height may be increased upon approval of conditional use permit, provided that lot coverage requirements are satisfied. (3)Pole barns, as defined herein, exceeding 10square feet shalt be pmmmceo. (4) No more than }O%ofthe rear yard area may becovered by accessory structures. (5)Garage doors mopenings shalt not exceed 14feet in height. o 154.4smACCESSORY USES. (\) Exterior Storage hnResidential Districts. All materials and equipment shalt he stored within a building urhefully screened so as not to he visible from adjoining pmpertks, except for the following: (1) Laundry drying; (l) Construction and landscaping materials and equipment currently being used on the premises, Materials kept on the premises for a period exceeding 6 months shalt be screened or stored out of view of the primary street on which the house fron�� . (}) Agricultural eguipmentand materials, ifthese are used nrintended for use onthe premises; (4) Off-street parking and storage of vehicles and accessory equipment, as regulated in § 154.095-1 (5) Storage of firewood shalt be kept at least 10feet from any habitable structure and screened from view from adjacent properties; and (6) Outdoor parking. (B) Tempururyso/es. Temporary sates, also known as yard or garage sa(es, are permitted in aU residential districts' limited to l per calendar year per residence, not toexceed four 4days inlength. 5 154.459 ACCESSORY USES AND STRUCTURES NOT LISTED. 18 Planning Commission Draft 119117 Standards for accessory uses and structures that are permitted in all districts, or in all residential buildings inany district, are listed in��ic�+7' ��ec}hc 0nve/upmcnr These include uses such as family and group family day care, bed and breakfast facilities, and home occupations, and structures such asswimming pools and solar equipment. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance ND' was adopted on this day of 2017, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor A/|EST: Julie Johnson, City Clerk This Ordinance 08- was published on the day of . 2017. 19 Definitions and Standards of Allowed Uses in Golf Course. Community Zoning District (Note: This is not part of theordinance..amendment.7i,nformation onlvl Single Family Detached. A building containing only one dwelling unit, surrounded by landscape area or yards on all sides. Secondary Dwelling. A residential dwelling unit, but not a manufactured home, located on the same lot as a single family dwelling unit, either within the principal structure, above a detached garage, or within a detached structure. Wayside Stand. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the wayside stand, which is clearly a secondary use of the premises and does not change the character thereof. Family Day Care. A residence licensed by the Minnesota Department of Human Services in which no more than 10 children at any one time receive care, maintenance and supervision by someone other than their relatives or legal guardians for less than 24 hours per day. Standard Restaurant. An establishment whose principal business is the sale of food and/or beverage to customers in a ready to consume state, and whose principal method of operation includes one or both of the following: 1) customers, normally provided with an individual menu, are served their food and beverage by restaurant employees at the same table or counter at which the food and/or beverage are consumed, 2) a cafeteria -type operation where food and beverage generally are consumed within the restaurant building. Indoor Athletic Facility. A commercial recreation facility that provides completely enclosed or indoor recreation space, such as racquet clubs, indoor skating rinks, swimming pools, or gymnasiums. § 154.307 STANDARDS FOR INDOOR RECREATION/AMUSEMENT. A. Indoor Athletic Facility, Indoop- Recreation. Facilities that would generate substantial traffic shall be located with access to a street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two (2) entry points to such facilities shall be provided. (Ord. 08-080, passed 5-21-2013) Golf Course. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par 3 golfcourses. Specifically excluded are independent driving ranges or miniature golf facilities, which are classified as outdoor recreation facilities. § 154.306 STANDARDS FOR OURDOOR RECREATION USES. A. Golf Course. 1. Location. The facility shall have access to a collector or higher classification street. A minimum of two (2) entry points to such facilities shall he provided. 2. Site Plans. Site plans for such facilities shall indicate all proposed recreation areas, building uses and locations, sanitary facilities, storage areas, parking, circulation and other information needed to assess the impacts of the proposed operation on surrounding properties and the road network. 3. Accessoly Uses. The following accessory uses are pennitted in conjunction with a golf course: A driving range, putting greens, pro shop, club house and locker facilities, maintenance buildings, course shelters, and cart storage facilities. Other accessory uses may require a separate conditional use pen -nit. 4. Resource Protection. Golf courses shall be designed with consideration of environmental resources, including: a. Water recycling and conservation through on -site storage and use facilities; b. Use of landscaped buffers and other -Best Management Practices (BMP's) to minimize fertilizer runoff and other chemicals from entering surface water bodies; and c. Use of landscaping and site layout to preserve and enhance wildlife habitat. 5. Buffering. A planted buffer may be required to screen adjacent residential and other uses. 6. Other Conditions. Other conditions may be imposed to mitigate the potential impacts of the use. Outdoor Recreation Facility. A commercial recreation facility that is primarily an open-air facility, such as baseball fields, swimming pools, skating rinks, golf driving ranges, or miniature golf facilities. § 154.306 STANDARDS FOR OURDOOR RECREATION USES. C. Outdoor Recreation Fncility. Facilities that would generate substantial traffic, such as playing fields or aquatic centers, shall be located with access to a street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two (2) entry points to such facilities shall be provided. Semi -Transient Acconzmodations. Semi -transient accommodations include boarding houses, rooming houses, fraternity and sorority houses, or lodging rooms, as defined by this chapter. Semi -transient accommodations do not include CONDOMINIUM -HOTELS, as defined in § 11.01. BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by pre -arrangement for definite periods, meals or lodging are provided for 3 or more unrelated persons, but not to exceed 8 persons. LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as 1 lodging room. § 154.301 STANDARDS FOR RESIDENTIAL AND RELATED USES.. D. Semi -Transient Accommodations (Boarding, Rooming Houses, etc.) 1. The operator shall submit a management plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms. 2. All new construction or additions to existing buildings shall be compatible with the scale and character of the existing building and surrounding neighborhood. 3. An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood. SITE PLAN & LOCATION PLAN FLORIDIAN COTTAGE # 14 A-O.03 Hipiapp p 11:* II FLORIDIAN GOLF nEsoRr, LAX I.351 I Al art OF PORT ST LUCIE FLORIDA 0 0 0 z 0 -n r- 0 0 6 Z ,ET 1.72,114 • GROUND FLOOR PLAN A-1.01 FLORIDIAN COTTAGE # 14 crry cJF pOnt S7 LUCK FLORIDA tx.1.1 FLORIDIAN ICOLF RESORT, LLC 1,114.N 'EASS GS4st,.:.d Max mov.a. 111 I 4:i • F 114 SECOND FLOOR PLAN FLORIDIAN COTTAGE # 14 CITY OF PORT ST LURIE PFOOR PLORIOIAR GOLF PER,RP LLC 77. :ZR;ORRF:R ' FRONT ELEVATION (Th ORIDIAN CO uJ _29 REAR ELEVATION 5 0 0 FURNITURE PLAN 5Ckk. R. V 1 5 10 5 5 C 1 FLORIDIAN COTTAGE tprEF FURNITURE PLAN 55 1 ,1 ID-1 250" (_i I S- R 41 i%1 IflR I dAt' iL tt, (r-\SJtR(t -a- r Srki rr 10 Kreinnerisnot infavor nfthe motion. Hethinks they should just wait for the Comprehensive Plan Amendment process and see what the Council comes back with. Larson is in agreement with that. Williams stated that in defense of the motion, it is reasonable to give the City Council an alternative since there was not a specific recommendation one way or another on the request that was before them. Public Hearing — Zoning Text Amendment to create "Golf Course Community" Zoning. Becker started her presentation of the ZTA for the Golf Course Community Zoning District. This is a rough draft of what a golf course community would look like as a land use plan. Becker went through the uses that would beallowed inGC[either as permitted orconditional uses. The density for residential would bel.5'2.49units per acne. Becker went through the minimum lot size and setbacks and comparisons to LDR zoning and why staff isrecommending these. The recommended open space is something that they need to discuss. Staff isrecommending 5OY6ofthe gross acreage bededicated toeither agolf course, its accessory uses Vrasopen space. There would be a 100 foot buffer required from external residential lots within the City. The buffer area shall bepart ofthe required SO96open space. This buffer may bereduced bythe council ifthere isavisual buffer provided. There must beconnectivity and adequate street design tmsupport the proposed uses. There are anumber ofsite development standards set forth for allowed and conditional uses, in addition to the ones already established in the City [ode. Staff also is proposing to add semi -transient accommodations aLthe request ofRoyal Golf. |fthis use isadded, there would be standards specific tnGolf Course Community. The only comment that the City has received from the public hearing notice is to include more standards for indoor recreational facility. Dodson asked if the semi -transient accommodations would be considered commercial. Wensman stated that would probably be used for the owners or relatives of residents who live in the community. Williams thinks that on page 14 of proposed zoning code (0) (4), regarding street designs can be struck as they are required to meet current street standards anyway. Clark Schroeder, Royal Golf Course, stated that the concept ofthe cottages is something they have not fully vetted out, but isstill inthe idea stage. Schroeder stated that the buffers are currently very similar tothe OPbuffer setbacks. Dodson iswondering why the City would deal with the cottage issue now if it is just a concept and not at a future date sVthey can really think about what conditions might benecessary. VVensrnan stated that they would not have toapprove this tonight, They noticed the public hearing for tonight, but itcould come back atafuture date. Public Hearing opened at1O3Spnn Lake Elmo Planning Commission Minutes; 1-9-17 11 Ann Bucheck, 2301 Legion Ave, she hopes that the public hearing is extended as this is the first time that they are hearing about some ofthese things. She feels that adding 4 more cottages increases the density again. She doesn't think the cottages are necessary onsite which iomore like aR&B. There alot o[places tostay inthe area and she does not feel these are necessary atthe golf course. She does not feel the minimum lot size should hereduced from the Zi\0O0square feet. She feels this area does not need the substantial traffic indicated with the recreational use. She does not want to see any exterior secondary dwellings as they are not appropriate for this development. There is astandard ofalQ0foot buffer, She would argue tomake itbigger vs. smaller. She would like the public hearing extended as new things have been brought up and the public has not had achance tolook atthem completely. Tim Mandel, Z479Lisbon Ave, heiswondering ifthey can issue aconditional use permit for anything they want onthis property. This isnot acommercially zoned property, and these cottages would be"conlnnerda/". He does not want to see alot ofthese more "connnnencia/"things put inosifthe golf course fails, those buildings will beused for other things, Public Hearing closed at 10:42 pm Dodson would like to change the lower end of the density from 1.5 to .9 to allow for the lowest density possible. Kreinnerisconcerned about that because pfwhat itwill doto the other areas to keep minimums for the Met Council. Williams bconcerned about the secondary dwelling. Heisfine ifbisinside the dwelling, but he innot infavor ofhaving additional structures unthe properties. If this isspecific toGolf Course Community, hewould like the definitions and standards for secondary dwelling tV read residential unit located within the principle structure or above an attached garage. Becker stated that this isadefinition for this use for anywhere that this is allowed, not just for Golf Course Community. K4/5/P: Williams/Dodson, motion to have a definition for secondary dwelling specific to Golf Course Community that reads a residential secondary dwelling unit is located within the principle structure or above an attached garage, Vote/5-0, motion carried unanimously. K4/S/P: VViUianns/Krienner, motion to add letter 0on page 15 to add indoor recreation Golf Course Community district this aconditional use only ifitisowned and operated bv the same entity that owns and operates the golf course orO[. This |snot allowed asa free standing commercial operation open tothe public, Vote: 5-0,motion carried Lake Elmo Planning Commission Minutes; 1-9-17 12 k8/S/P: Williams/Dodson, motion to change Item (0) (3) connectivity on page 14 to read "Trails, walkways and paths must make planned connections to planned external trails and walkways and paths within the community, Vote: 5-8, motion carried unanimously. M/5/P: Dodson/motion todelete Item (0)(4)onpage l4regarding street design, Vote: 5'0, motion co/r/edenoninmus/v K3/S/P: Dodson/motion todelete Item (0)/4\onpage l4regarding street design, Vote 5-0,motion carried unanimously. K8/S/P: Williams/Dodson, move to require that the restaurant and drinking establishments must be in the same structure as the clubhouse and golf shop, Vote: 5-0, motion carried unanimously. M/S/P: Dodson/Williams, move to require the clubhouse follow the city's commercial design guidelines and standards manual for Lake Elmo, Vote: 5-0, motion carried Williams isnot iDfavor ofincluding the semi -transient accommodations without further definition. Kreinnerstated that hedoesn't feel that they need todothat now. Wensman stated that this would be the time to include it and get the definition set, otherwise they will need todoazoning text amendment )nthe future. Handtsu8gested that they could table this to the next meeting which would give staff time to draft the standards, There was discussion regarding the 9000squane feet nnininlurn lot size and how that number was arrived at. M/S/P: Williams/Kreimer, move to table the addition of a Golf Course Community Zoning District to the Zoning Code until standards are received for the semi -transient accommodations, Vote/5'0' motion carried unanimously. Public Hearing — Zoning Text Amendment amending the City's ShwnetandManagemment Overlay District Becker started the presentation with some history regarding the Shoreland Ordinance. In 2014, a Shoreland ordinance was drafted that was modeled after Woodbury's. It was submitted tothe DNR,but the DNRdid not approve it, |n2016,staff started working to make amendments tosubmit tothe DNR. Definitions were removed, 4water bodies were removed, 8e,schen's Pond was added, and the language for water oriented accessory structures was kept. The DNR suggested that the City include a Forest Land Conversion as conditional use with standards. They also suggested deleting the riparian dedication, changed the setbacks and impervious standards. Standards are Lake Elmo Planning Commission Minutes; 1-9-17 T1 11 )r- LAKE ELMO STAFF REPORT DATE: 2/7/2017 REGULAR ITEM #: 1 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: City's Shoreland Management Overlay District Ordinance Amendment REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The City amended its Shoreland Ordinance in 2014 by adoption of Ordinance 08-111. These amendments were significant and did not receive required approval from the Minnesota Department of Natural Resources (MNDNR). The Planning Department has been working with the MNDNR to make amendments to the City's Shoreland Management Overlay District Ordinance to bring the ordinance in to compliance with shoreland regulations of the state, as set forth in Minnesota Rules Part 6120.2800, in order to obtain required approval from the MNDNR. The MNDNR provided conditional approval of the amended ordinance in December of 2016. ISSUE BEFORE COUNCIL:. The Council is respectfully requested to consider recommended amendments to Section 154.800: Shoreland Management Overlay District of the Zoning Code. PROPOSAL DETAILS/ANALYSIS: In summary, the recommended amendments include the following: • Definitions are removed, as these definitions are already in Chapter 11 of the zoning code. • Three water bodies are removed ,from the Shoreland Classifications table, removing them from the Shoreland Management Overlay District. A map of these waterbodies is attached to this report. o These do not have MNDNR shoreland classification and therefore are not required to be included in the City's Shoreland Ordinance. These four water bodies were not included in the City's 1993 Shoreland Ordinance but were added in during the 2014 Shoreland Ordinance amendment, as Staff at the time included all waterbodies that were on MNDNR lakefinder and/or public waters inventory data, rather than only including those that received MNDNR shoreland classification. o MNDNR and VBWD Responses. While working with the MNDNR to amend its Shoreland Management Overlay District ordinance, the Shoreland Classification Table was discussed. The MNDNR recommended adding one waterbody and removing four, Both the MNDNR and Valley Branch Watershed District (VBWD) were contacted regarding the removal of the four waterbodies, and their exact responses can be viewed in the attached emails. City Council Meeting 2/7/2017 Regular Agenda item o Summary of MNDNR Response: Recommended removing four water bodies from the Shoreland Classification table (DNR ID#s 82041900, 82031300, 82041700, 82041400, 82019a, and 82016a) and adding one water body (DNR 113# 82010500). o Summary of VBWD Response: Developments still need to conform to VBWD buffer and minimum floor elevation standards, so this in and of itself may adequately protect these shorelands. MNDNR ID#82041700 is part of a somewhat natural greenway connection between Horseshoe Lake and Lake Elmo, which is part of a larger somewhat connected greenway from the St. Croix, up Afton along Valley Creek, up Raleigh Creek and Sunfish Lake to the Tri- Lakes and Long Lake and eventually to White Bear Lake. Berschen's Pond was added to the Shoreland Classifications table. o This water body has a MNDNR shoreland classification and therefore should be included. Forest land conversion was added as a conditional use to Table 17-2, with standards outlined in MN Rules Chapter 6120.3300 Subp. 8 included in Subd. (C) (8). • Changes were made to the Shoreland Standards Table 17-3 to bring standards in to compliance with the MNDNR shoreland standards. o Reference to riparian dedication is deleted. • This was an amendment made during the 2014 shoreland ordinance amendment and not approved by the MNDNR. o Setbacks from ROW and roads are outlined. o Certain lot width and size minimum standards were amended according to MNDNR standards. o Standards or triplexes and quads were added. o Minimum lot width standardsfor unsewered lots and non -riparian lots were added. o Impervious stiff ace standards were kept. • It should be noted that the MNDNR approved an increase in maximum impervious standards within sewered shoreland areas (30% rather than 25%) in exchange for a lower impervious standards for unsewered shoreland areas (15% as opposed to 20%). o Maximum structure height was added. • It should be noted that the MNDNR approved an increase in maximum building height (35 feet as opposed to the standard of 25 feet) for a decrease to Planned Unit Development (PUD) flexibility (20%, which is lower than MNDNR standard but is aligned with the City's PUD ordinance). o Standards for lots intended as controlled access to public waters or recreation areas for use by owners of nonriparian lots within subdivisions was added. • These standards were taken from the MNDNR Model Shoreland Ordinance. • Restrictions on roads, driveways and parking at -ea, as well as steep slopes, were added, pursuant to requirements set forth by Minnesota Rules Part 6120.2800. • Language was added to the Subdivision Standards subpart: o Prohibiting lots that require the use of holding tanks. o Added standards set forth in MN rules for duplexes, triplexes, and quads. • The Sand and Gravel Extraction Subdivision was eliminated, as extraction is not a permitted use within the shoreland district. • PUD standards for PUDs within the shoreland were added, as requested by the MNDNR. o Requirement to hook up to public sewer or community septic. The requirement that PUDs be connected to public water supply and sewer systems was kept, but language 2 City Council Meeting 2/7/2017 Regular Agenda Item is also added that specifies that hen sewer is not available, individual. septic systems are not allowed, and a community septic system is required. o Open Space Preserved in Perpetuity. Language from the 2014 City -approved Shoreland ordinance was kept, requiring the developer/owner to provide for the preservation and maintenance in perpetuity of open space and continuation of the development as a community. o Open Space Calculations — What May and il/fay Not be hicludecl. Since the Planning, Commission meeting, language was added that allows for wetlands and public waters without shoreland classification to be included in open space calculations and clarifies that public waters and wetlands cannot be included as open space. This was in response to a question from a resident that arose on whether or not this could be included, and the previous language did not clarify this. Staff consulted the MNDNR, who explained that land below the Ordinary High Water Level of public waters cannot be included, and so Staff recommends that this language be included for clarification. Non -Conformities, The non -conformities section was revised to align more closely with State Statute requirements for nonconfonnities. Surface Water -Oriented Uses. Standards for surface water -oriented uses were added as recommended by the MNDNR. Language from the MNDNR Model Shoreland Ordinance was used. Administration Section. The administration section was updated to more closely align with Minnesota Rules. The MNDNR has reviewed the ordinance and has given approval of the ordinance contingent upon adoption of the ordinance with recommended edits. After the Planning Commission has made recommendation and Council has approved any amendments to the Shoreland Ordinance, Staff will send the ordinance to the MNDNR for final approval. FISCAL IMPACT: None. OPTIONS: The Council may: • Approve the recommended ordinance amendment. • Make changes to and approve the ordinance amendment. • Deny the recommended ordinance amendment. PLANNING COMMISSION/PUBLIC HEARING: A public hearing was held on the proposed amendment on January 9, 2017 at the Planning Commission meeting. Comments from the public included the following: Terry Emerson, 11678 20th St N, concern about: • Involving the MNDNR in approval processes of variances, conditional use permits, etc. • Requirement of a variance for additions or expansions to nonconfonning structure. • Logic behind adding Berschen's Pond in the Shoreland Classification Table. • Requiring the same setback from Ordinary High Water Level from a Natural Environment water body in sewered areas as are required in non-sewered areas. The proposed amendment was recommended by an affirmative vote of 5-0. City Council Meeting 2/7/2017 Regular Agenda Item Ann Buchek, 2301 Legion Ave, questions about: • If there is an open space requirement when developments meet lot area and size requirements. • Maintenance responsibility for open space. • Whether 50% open space requirement was per shoreland within a development or per the entire development within the shoreland. An email from John Hodler requesting that Goetschel be retained in the Shoreland Classifications Table was read. The Planning Commission recommended making the following two changes, which have been amended in the attached, proposed ordinance: • Do not remove Goetschel's Pond from the Shoreland Classification Table. • Clarify that open space must constitute at least 50% of the total project area within the shoreland of a Planned Unit Development. The Planning Commission also asked for clarification if lots served by community septic systems would be considered sewered by shoreland standards. MNDNR's response to this question is attached in an email. The Planning Commission recommended the Council approve the ordinance as amended with an affirmative vote of 5-0. RECOMMENDATION: Staff, the MNDNR, and the Planning Commission recommend that the Council approve the proposed ordinance amendment to the City's Shoreland Management Overlay District Ordinance. "Move to approve Ord. 08-166 amending Section 154.800: Shoreland Management Overlay District oldie Zoning Code." In addition, Staff recommends that the City Council authorize summary publication of the approved ordinance through the following resolution: "Move to adopt Resolution 2017-012 authorizing summary publication of Ordinance 08-166" ATTACHMENTS: Ord. 08-166 MNDNR Comments and Contingent Approval Letter Resolution 2017-012 Planning Commission meeting minutes, 1/9/2017 MNDNR email clarifying community septic system standards. Map showing water bodies affected by changes to Shoreland Classification Table Email request to retain Goetschel in Shoreland Classification Table. 4 CITY OFLAKE ELM0 COUNTY OFYY&SH|NGTON STATE QF/W|NNESOTA ORDINANCE NO. 08'166 AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN COMPLIANCE WITH DEPARTMENT OFNATURAL RESOURCES 5HOREL4NDORDINANCE SECTION 1'The City Council of the City of Lake Elmo hereby amends Tide XV: Land Usage; Chapter 154: Zoning Code; Section 800 to read the following: ARTICLE 17.SHORELANQMANAGEMENT OVERLAY DISTRICT 5154.800 ShoretandManagement Overlay District §154'800 Shore|and Management Overlay District A. Purpose. The ordinance badopted pursuant tothe authorization and policies contained in Minnesota Statutes, Chapter 10]F,Minnesota Regulations, Parts61Z0.Z5OO'b1lO.39O0' and the planning and zoning enabling legislation in Minnesota Statutes' [hapter4bZ._The purpose of the Shoreland Management Overlay District is to preserve and enhance the quality of surface waters and conserve the economic and natural environmental values ofshoreiandsthrough the following activities: 1. Regulate placement of sanitary and waste treatment facilities on shoretands of public waters to prevent pollution of public waters and public health hazards resulting from the Z. Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff and excessive nutrient runoff pollution. 3. Preserve and enhance the unique aesthetic appearance and ecological value ofthe shureiund. 4. Regulate the construction ofbuildings andchangesofbnd use in shorelancbtominimize property damage during periods ofhigh water. D. Definitions. Words, terms and phrases, when used in this section, shaK have the meanings ascribed tothem inSubd. 01: Definitions; ofChapter 11:General Code Provisions, except where the context clearly indicates a different meaning. C. ShoneiaodManagement Overlay District 1. Shoreland Classifications. The public waters in Table 17-1 have been classified by the commissioner of natural resources, consistent with the classifications assigned by the commissioner under Minnesota Rules, part61ZO.]lOO, as: natural environment (NE), recreational development (RD)and tributary (T)shoreiands. Table 17-1: Shore|andQassificatjons DNR|D# Name Armstrong (north of 82011601 [l4H10) Location Ser28, T29' RZl 1 Ordinary High Water Level 1O2O.] NE Armstrong (south of 82011602 CSAH 10) Sec 28, T29, R21 1019.3 NE 82009900 Clear Sec 2 & 11, T29, R21 - NE 82010100 DeMontreville Sec 4, 5 & 9,T29, R21 929.3 RD 82010500 Berschen's Pond NE 82011000 Downs Sec 24, T29, R21 889.1 NE 82010900 Eagle Point Sec 22 & 27, T29, R21 896.5 NE Sec 13, 14, 23, 24 & 26, 82010600 Elmo T29, R21 885.6 RD 82010800 Friedrich Pond Sec 15 & 22, T29, R21 - NE Sec 27, 34 & 35, T29, 82011300 Goose R21 924.4 NE 82011100 H.J. Brown Pond Sec 26, T29, R21 NE 82007400 Horseshoe Sec 25, T29, R21 876.8 NE 82010400 Jane Sec 9 & 10, T29, R21 924.0 RD 82011700 Kramer Sec 35, T29, R21 - NE 82010300 Olson Sec 8 & 9, T29, R21 929.3 RD Raleigh Creek North Sec 16, 21 & 22, T29, N/A (to Eagle Point Lake) R21 T Raleigh Creek South (Eagle Point Lake to Sec 22, 23 & 227, T29, N/A Lake Elmo) R21 - T 82011200 Rose Sec 25 & 36, T29, R21 NE 82010700 Sunfish Sec 14, T29, R21 896.4 NE 82010000 Unnamed Sec 4, T29, R21 NE 82031300 Unnamed Sec 12, T29, R21 - NE Unnamed to Wilmes N/A Lake Sec 33, T29, R21 - T N/A Unnamed Tributary Sec 25, T29, R21 - T Classifications RD = Recreational Development Lake Classification NE = Natural Environment Lake Classification T = Tributary River Classification Notes to Table 17-1: a. As measured from and perpendicular to the ordinary high water level (OHWL) 2. Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning district subject to applicable conditions. Notwithstanding the underlying zoning district, the following uses shall be regulated in shoreland districts as specified in Table 17-2: Table 17-2: Permitted (P) and Conditional (C) Uses, Shoreland Classifications 2 i Shomeland[|asdMcadon Recreational Natural Land Uses Development Environment Residential P p Commercial P C [ Public and Civic Uses P C C OuLdoorRecreadon" [ [ [ Agricultural and Related UseO'c P p P Industrial and Extractive Uses Utilities, Transportation and Communications C [ C Accessory Uses P P P Planned Developments (PUDy) [ [ C Forest Land Conversion [ C C Notes to Table 17'2: a. City owned parks and open space and any uses orstructures accessory tosuch uses are permitted within shoroiand areas. b. Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted. c. New feedlots are not allowed inany ShoreimndManagement Overlay District. 3. Shore/ondStoncards. The standards in Table 17'3 shall apply within shore|and areas to principal, conditional and accessory uses and structures: Table 17']:Shome|andStandards Standards Minimum structure setback from County, State nrFederal road hght'of-way Minimum setback from right-of-way line of town road, public street, orother roads orstreets not classified Minimum structure setback from an unp\atted cemetery orhistorical sitea Shom4andOaosiOcaton Tributary River Recreational Natural Development Environment Tributary River 20feeL 20feet ZU[eet Minimum structure setback from the Ordinary High Water Level (OHWL)b, c, e Se*ered« Unsewe/edu Minimum structure setback from top of bluff Minimum septic system setback from 8HVVL Minimum low floor elevation above the 10U'year flood elevation � Maximum impervious lot coverage Sewerede 75feet 150feet 50feet 100feeL 150feet 100feet ]O feet 30 feet 30 feet 75feet 150feet 75feet Unsewered Minimum lot sizef, riparian lots Sewered Single family detached Two-family or duplex Triplex Quad Unsewered Single family detached Two-family or duplex Minimum lot sizef, non -riparian Tots Sewered Single family detached Two-family or duplex Triplex Quad Unsewered Single family detached Two-family or duplex Minimum lot width,' s riparian Tots Sewered Single family detached Two-family or duplexe Triplexe Quade Unsewered Single family detached Two-family or duplexe Minimum lot width, nonriparian Lots Sewered Single family detached Two-family or duplexe Triplexe Quade Unsewered Single family detached 4 15% 20,000 sf 40,000 sf 35,000 sf 70,000 sf 120,000 sf 160,000 sf 160,000 sf 200,000 sf 40,000 sf 80,000 sf 80,000 sf 70,000 sf 15,000 sf 20,000 sf 26,000 sf 35,000 sf 38,000 sf 52,000 sf 49,000 sf 65,000 sf 40,000 sf 80,000 sf 80,000 sf 160,000 sf 75 feet 125 feet 135 feet 225 feet 195 feet 325 feet 255 feet 425 feet 150 feet 200 feet 225 feet 300 feet 75 feet 135 feet 190 feet 245 feet 150 feet 125 feet 220 feet 315 feet 410 feet 200 feet Same as zoning district Same as zoning district Same as zoning district Same as zoning district Same as zoning district 75 feet 115 feet 150 feet 190 feet 100 feet 150 feet 75 feet 115 feet 150 feet 190 feet 100 feet Two-family orduphex° Maximum Structure Height Notes to Table 17-3: Z65feeL ]5feet 00feet J5feet 35 feet 15Ofeet a. Reduction ofthe required setback from a historic site is permitted with the approval uf the office ofthe Minnesota State Archeologist. b. Where structures exist on both sides of proposed building site, structure setbacks may be altered without avariance toconform tothe adjoining setbacks from the Ordinary High Water Level (OHYYL)' provided the proposed building is not located inashore impact zone o/bluff impact zone. c. Roads, driveways and parking areas shall meet the minimum structure setback. Where no alternative exists, such improvements may beplaced within the required structure setbacks provided they are designed toadapt tothe natural landscape, soil erosion is minimized and no construction shalt occur in shore orbluff impact zones. Exceptions to setback requirements must comply with the rules and regulations oflocal watershed districts. d. Commercial, public and civic uses located on lots with public waters frontage shalt besetback double the required setback orbesubstantially screened from the water by vegetation o/ topography. assuming summer, (eaf'on conditions. e. Subdivisions ofduplexes, rripiexes, and quads within Natural EnvironmentShoreiand districts must also meet standards set forth in Section ([)(5)(c). f. Minimum tot size and width requirements apply to residential uses only. y. Lots Intended As Controlled Accesses to Public Waters or as Recreation Areas for Use by Owners u/Nonr/por/un Lots within Subdivisions. Must meet or exceed the following standards. They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. i. If docking, mooring, mrover-water storage nfmore than six (6) watercraft is to be allowed at a controlled access lot, then the width nfthe tot (keeping the same tot depth) must be increased bythe percent ofthe requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of Lake Size to Shore Length Required increase in frontage (acres/mile) (percent) Less than 100 25% 100'200 20% ' 201'300 15% � 301'400 10% Greater than 400 5% ii. They must bejointly owned byall purchasers nftots inthe subdivision orbyall purchasers ofnonhpahan tots in the subdivision who are provided riparian access rights on the access tot; and covenants orother equally effective legal instruments must bedeveloped that specify which tot owners have authority to use the access tot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that dnnot significantly conflict with general public use ufthe public water orthe enjoyment ofnormal property rights by adjacent property owners. Examples ofthe non -significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number ofvehicles allowed to be parked and the total 5 number of watercraftallowed to becontinuously moored' docked' or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities tobescreened by vegetation urtopography ns much ospractical from view from the public water, assuming summer, leaf -on conditions. 4. Design Criteria for Structures u. Water Oriented Accessary Structures. Each lot may have one (1) water oriented accessory structure not meeting the normal structure setbacks ifthe structure complies with the following provisions i. Structure Height, The structure nrfacility must not exceed ten (10)feet in height' exclusive of safety rails, from the average grade ofthe structure to the peak ofthe roof. Detached decks must not exceed eight (8) feet above grade atany point. ii. Structure Size. Water oriented accessory structures cannot occupy an area greater than two -hundred and fifty (250) square feet, iii. Structure Setback. The setback ofthe structure orfacility landward from the Ordinary High Water Level (OHVVL) must beat least ten (10) feet on a recreational development take and fifty (5O)feet una natural environment take. iv. The structure nrfacility must be treated to reduce visibility as viewed from public waters and adjacent shnre(unobbyvegetation, topography, increased setbacks or co/or' assuming summer. leaf -on conditions. V. The roof ofthe structure may beused osodeck with safety rails, but must not be enclosed or used as o storage area. vi. The structure n/facility must not heused for human habitation and must not contain water supply orsewage treatment facilities. vii. Watercraft Storage Facilities. As an alternative for recreational development water bodies, water oriented accessory structures used solely for watercraft storage, and including the storage o/related boating and water oriented sporting equipment, may occupy up tnfour hundred (400) square feet provided the maximum width ofthe structure is twenty (ZO) feet as measured parallel tothe configuration nfthe shoreline. b. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes toshore areas. Stairways and lifts must meet the following design requirements: i� Stairways and lifts must not exceed four (4) feet in width. Wider stairways may be used for public open space orrecreation properties. ii. Landings for stairways and lifts must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (lZ) square feet may be used for public open space orrecreation properties. ih. Canopies orroofs are not allowed un stainways, lifts V/landings. iv. Stairways, lifts and landings may be either constructed above ground on posts orpilings orplaced into the ground, provided that they are designed and built in a manner that ensures control ofsoii erosion. V. Stairways, lifts and landing must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, (eaf'onconditions' whenever practical. 6 vi. Facilities such as public and private watercraft access ramps, lifts, access - related parking areas' ormobility paths for physically handicapped persons are also aKm*rd for achieving access toshore areas, provided that the dimensional and performance standards ofsubsections (i)through (v) above are satisfied -and provided the vegetative screening and erosion control requirements are met. c. Roads, Driveways, and Parking Areas, Public and private roads' driveways, and parking areas must be designed totake advantage ufnatural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. d. Steep slopes. Local government officials must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction o[sewage treatment systems, roads, driveways, structures, orother improvements nn steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface ofpublic waters, assuming summer, ieaf'onveyetadon. 5. Subdivision Standards. The following standards shall apply tosubdivisions inshoe{and a. Each lot created through subdivision must hesuitable in its natural state for the proposed use with minimal alteration. In determining suitability the City will consider susceptibility tuflooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply orsewage treatment capabilities, near -shore aquatic conditions unsuitable horwater'based recreation, important fish and wildlife habitat' presence of significant historic sites, or any other feature of the natural (and likely to be harmful to the health, safety, o/welfare of future residents of the proposed subdivision' or of the community at large. b. Subdivisions must conform toall other official controls adopted bythe City of Lake Elmo. Subdivisions will not be approved that are designed so variances from one or more standards in official controls would be needed to use the tots for their intended purpose. Lots that would require use ofholding tanks must not be approved. c On natural environment takes, subdivisions ofduplexes, trip(exes' and quads must also meet the following standards: i. Each building must be set back at least 200feet from the ordinary high water ii Each building must have common sewage treatment andwatersystems that serve all dwelling units in the building. iii Watercraft docking facilities for each tot must becentralized 1none location and serve all dwelling units inthe building. iv. No more than 25 percent ofa iake's shoreline can be in a duplex, triplex, or quad environment. 6. Agricultural Activities. The following standards shall apply toagricultural activities in shoreiandareos a. The shore impact for parcels with permitted agricultural uses is equal to a line paraiteL toand 5Ofeet from the DHYVL 7 b. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod hxnning' and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained inpermanent vegetation oroperated under anapproved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation district orthe USDA Natural Resources Conservation Service. c. New animal feedlots are not allowed in shoreland. Modifications or expansions to existing feedlots orresumption ofold feedlots are conditional uses and must meet the following standards: i. Feedlots must be designed consistent with Minnesota Rules Chapter 7OZO; U. Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to a capacity of 1,000 animal units ormore; and, iii. Old feedlots not currently inoperation may resume operation consistent with Minnesota Statute Section 116.0711. d. The use of pesticides, fertilizers or animal wastes within shoneiand areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use ofearth or vegetation. 7. Shore/ondA/terubnco. The purpose of this section is to prevent erosion into public waters, fix nutrients, preserveshoreiand aesthetics, preserve historic values, prevent back stumping and protect fish and wildlife habitat. Shoreiandaiteradons shalt beallowed in accordance with the following standards: a. No principal oraccessory structure o,use shalt be placed within bluff orshore impact zones other than agricultural activities aspermitted bysubsection ([)(6)(b). b. Shore impact zones shall be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides ofthe local soil and water conservation district, c. Intensive Vegetative Clearing. Intensive vegetation clearing within shore and bluff impact zones mnd/nrsteep slopes innot permitted. Intensive clearing within shoreiand areas outside of bluff or shore impact zones and steep slope areas is subject to standards set forth inSuhp. (C)(8)ofthis Section. d. Limited Tree Clearing, Limited clearing oftrees and shrubs and the cutting, pruning and trimming oftrees within bluff and shore impact zones orsteep slopes to accommodate picnic areas, traits and water access and toprovide aview tuthe water from a principal dwelling site shalt be permitted provided the screening ofstructures, as viewed from the water, is not substantially reduced and that the shading of water surface isalong rivers is preserved. These provisions do not apply tothe removal of tree limbs or branches that are dead or pose safety hazard. e. Grading in Jhore/ondAreos. Aiigrading and filling activities must bein conformance with the Wetland Conservation Act. Any grading orfilling on steep slopes orwithin shore o/bluff impact zones involving the movement often (10) ormore cubic yards of material or involving more than fifty (50) cubic yards of material elsewhere in a shorcianda'ea shall require the submission of Grading Permit. Approval shalt be granted only if the following conditions are met: i. The smallest amount of bare ground is exposed for the shortest time possible; ii. Ground cover such asmulch isused for temporary bare soil coverage and permanent ground cover' such as sod' is established; iii. Methods toprevent erosion and trap sediment during construction are iv. Altered areas are stabilized to accepted erosion control standards; V. Fitt. is not placed soas tocreate unstable slopes; vi. Plans to place fiU or excavated material on steep slopes are certified by qualified professionals ostoslope stability and must not create finished slopes of ]0percent nrgreater; vii. Alterations below the OHVYLofpublic waters must first be authorized by the Commissioner ofthe Minnesota Department of Natural Resources per Minn. Stats. § 103G.245mnd 103G.405; viii. Placement of natural rock hprop' including associated grading of the shoreline and placement of a fitter blanket, is permitted if the finished slope does not exceed three feet horizontal toone foot vertical, the landward extent of the riprap is within ten hs*t of the OHYYL and the height of the riprapabove the OHVYLdoes not exceed three feet; and ix. Alterations oftopography shalt only bepermitted ifaccessory toa permitted orconditional use. X. FKiorexcavated material must not beplaced in bluff impact zone. 8. Forest management standards. The harvesting oftimber and associated reforestation or conversion of forested use Loa nonforested use must be conducted consistent with the following standards: a. Timber harvesting and associated reforestation must be conducted consistent with the Sustaining Minnesota Forest Resources: Voluntary Site -Level Forest Management Guidelines for Landowners, Loggers and Resource Managers b. Forest land conversion to another use requires issuance ofa conditional use permit and adherence to the following standards: i. Shore and bluff impact zones must not be intensively cleared of vegetation. ii. 4nerosion and sediment control plan is developed and approved bythe City and local soil and water conservation district and is consistent with the[ity'x Storm Water and Erosion and Sediment Control Ordinance (150.270) before issuance ofa conditional use permit for the conversion. P. Sto,mwoter/NonugempnL Stormwatermanagement shall beinaccordance with the [ity'sStorm Water and Erosion and Sediment Control Ordinance (5150.270). In addition, the Minnesota Pollution Control Agency's Minnesota Stormwater Manual shall be used as guidance. Within shoreiand areas, the following standards also apply: a. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store' fitter and retain storm water in a manner consistent with local watershed district rules and regulations before discharge tn public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is complete and facilities or methods used to retain sediment on the site are removed. c. Use nffertilizers, pesticides oranimal wastes within shoreiand areas must be done in a way to minimize impact on the shore impact zone or public water by proper application. d. New constructed storm wateroutfai(s to public waters must provide for filtering or setthn8mf suspended solids and skimming of surface debris before discharge. 10. Pr/voteUb//t/es. The following provisions shall apply in shoreiaodareas: 9 a. Private subsurface sewage treatment systems shall meet applicable City and County requirements and Minnesota Pollution Control Agency's Chapter 7080 standards. Publicly owned sewer systems shall beused where available. b. Any private water supply to be used for domestic purposes shalt meet quality standards established bythe Minnesota Department of Health and the Minnesota Pollution Control Agency. /, Private wells must he located, constructed, maintained, and seated in accordance with or in a more thorough manner than the Water Well Construction Code ofthe Minnesota Department of Health. 11. Planned Unit Developments (PUD) a. Purpose. To protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential uses. b. Density. Deviation from the minimum lot size standards of Table 17'3 of this ordinance isallowed ifthe standards inthis Section are met. c Processing ofPUDs. Planned unit developments are processed according tuthe procedures in Section 154.758 and the standards of Article XVI and Article XVI 1, whichever ismore restrictive. Approval cannot occur until all applicable environmental reviews are complete. d. Application for a PUD. The applicant for a PUD must submit the following documents prior tofinal action onthe application request: i. Aproperty owners association agreement with mandatory membership, and consistent with 11 (h) (iv)ofthis ordinance. ii. Deed restrictions, covenants' permanent easements orother instruments that: 1. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and I Ensure preservation and maintenance of open space in perpetuity accordance with the criteria and analysis specified in 11 (h) of this ordinance. e. Density Determination. Proposed new orexpansions to existing planned unit developments must be evaluated using the following procedures. i. Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one ormore lines parallel tothe ordinary high water Level atthe following intervals, proceeding landward: Classification Tier Depth NoSewer (ft) 5ewer(fl) Recreational Development Lakes 267 267 Natural Environment Lakes 400 320 Tributary Rivers ]UO 300 10 ii. Step 2. Calculate Suitable Area for Development. Calculate the suitable area within each tier byexcluding all wetlands, bluffs, or (and below the ordinary high water level ofpublic waters. iii. Step lDetermine Base Density 1. Divide the suitable area within each tier bythe minimum single residential lot area inTable 17'l (use required minimum riparian lot areas for the 1`1tier unless no lots within the 11' der are riparian)for lakes to determine the allowable number ofdwelling units, or base density, for each tier. 4Umvah(e densities may be transferred from any tier toany other tier further from the waterbody, but must not be transferred toany tier closer tothe waterbody. J. AKPUDsmust meet the design standards inSection 11 dlofthis ordinance. hi Step4. Determine if the Site can Accommodate Increased Density. The PUDmay provide for anincrease indensity ofupto20%allowed inthe base zoning district or in Table 17-3, whichever is more restrictive, if: Structure setbacks from the ordinary high water level: 1. Are increased to at least 50 percent greater than the minimum setback; or 2. The impact onthe wmterbudyisreduced nnequivalent amount through vegetative management, topography, or additional acceptable means and the setback b at least I5 percent greater than the minimum setback. tDesfgn Criteria. All PUDsmust meet the following design criteria: i General Design Standards. 1. Dwelling units must be clustered into one or more groups and located on suitable areas of the development. 2. Dwelling units must bedesigned and located tomeet the dimensional standards, other than those for lot area and width, in Table 17'3: 3. Shore recreation facilities: l. Must be centralized and located in areas suitable for them based on asuitability analysis (as explained in Subd. ([) (5) (a)ofthis Secton). Z. The number nfspaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit inthe first tier. J. Launching ramp facilities, including nsmall dock for loading and unloading equipment, may be provided for use by occupants of dwelling units located in other tiers. 4. 41 least 5Opercent o[the total project area shalt bepreserved asopen space and must meet standards outlined in 11 (g) of this ordinance. 11 5. PUDs shall beconnected to public water supply and sewer systems. When sewer is not available, individual septic systems are not allowed; community sewage treatment systems are required. 6. Approval from the DNRis required to ensure compliance with additional regulations. ii. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacentshone|ands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit nfgovernment, assuming summer, Leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, ormay be required tnbe provided, iii. Accessory structures and facilities, except water oriented accessory structures' must meet the required structure setback and must be centralized. S. Open Space Requirements. i. Open space must constitute at least 50 percent of the total project area within the shoreiand and must include: 1. Areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites orunpiatLed cemeteries; 2. Portions ofthe shore impact zone preserved in its natural or existing state as follows: i. For existing residential PUD's, at (east 50 percent ofthe shore impact zone ii. For new residential PUDs, at ieast70 percent of the shore impact zone. ii. Open space may include: 1. Outdoor recreational facilities for use hyowners cftots inthe subdivision and bythe general public; and 2. Stonn*aterdetendno hyciUde«' subsurface sewage treatment systems (if the use of the space is restricted to avoid adverse impacts on the systems), and other required site improvements not prohibited herein may beapplied to this requirement. 3. Non-public water wetlands i. Open space shalt not include: 1. Road rights -of -way, or land covered by roads, structures or parking surfaces; 2. Lots, unless owned in common byanowners association; ]. Commercial facilities oruses; 4. Land below the OHVYL of public waters. h. Open Space Maintenance and Administration Requirements. i. Open space preservation. The appearance ofopen space areas, including topography, vegetation, and allowable uses, must be preserved. 12 ii Before final approval mfa PUDbgranted, thedeve|oper/mwoer shalt provide for the preservation and maintenance' in perpetuity, of open space and the continuation ofthe development aoacommunity. fli The instruments Must prohibit: 1. Commercial uses ; 2. Vegetation and topographic alterations other than routine maintenance; 3. Construction of additional buildings orstorage ofvehicles and other materials; and 4. Uncontrolled beaching ofwatercraft. /v. Development organization and functioning. At[ planned unit developments must use onowners association with the following features: 1. Membership must be mandatory for each dwelling unit owner and any successive owner; ' Z. Each member must pay pro nata share ofthe association's expenses, and unpaid assessments can become liens on units ordwelling sites; ]. Assessments must beadjustable toaccommodate changing conditions; and 4. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 12. Nonu»n/onn/ties. a. Alt legally established nonconh»rmitiesas ofthe date cf this ordinance may continue, but will be managed according tnMinnesota Statutes, Section462.]57 Subd. 1eand other regulations ofthis community for alterations and additions; repair after damage; discontinuance ofuse; and intensification of use. b. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements ofthis ordinance. Any deviation from these requirements must be authorized byavariance. 13. Surface Woter'Or/entodLses. Uses with needs to have access toand use of public waters may belocated on parcels ortots with frontage on public waters must meet the following standards: i. In addition tomeeting impervious coverage limits, setbacks, and other zoning standards, uses must be designed toincorporate topographic and vegetative screening ofparking areas and structures, ii. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them toavoid obstructions ofnavigation and to be the minimum size necessary to meet the need. iii. Nnadvertising signs orsupporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in oroopublic waters byapublic authority urunder apermit issued bythe county sheriff. iv. Signs may beplaced, when neceoary, within the shore impact zone ifthey are designed and sized to bethe minimum necessary to convey needed information. 13 v. Other outside lighting may belocated within the shore impact zone orover pubUcwateoi/it is used primarily to illuminate potential safety hazards and is shielded nrotherwise directed tn prevent direct illumination out across public waters This does not preclude use mfnavigational tights. D. Administration. 1. Variances. Variances may only begranted inaccordance with Minnesota Statutes, Section 462.357 and are subject to the following: a. A variance may not circumvent the general purposes and intent of this ordinance; and b. For properties with existing sewage treatment systems, a certificate ofcompliance, consistent with Minnesota Rules Chapter 7OOI.O7VOSubo. ]' is required for variance approval. 4sewage treatment system shall beconsidered compliant ifthe only deficiency is the xystem'simproper setback from the ordinary high water level. 2. Conditional Uses. All conditional uses in the shoreimndarea are subject toa thorough evaluation ofthe »vaterbodyand the topographic, vegetation, and soil conditions to ensure: m.The prevention ofsoil erosion mother possible pollution of public waters, both during and after construction; b. The visibility cf structures and other facilities as viewed hznn public waters is cThere badequate water supply and on -site sewage treatment; and d. The types, uses, and numbers of watercraft that the project will generate are compatible in ne|ation tothe suitability ofpublic waters tosafety accommodate these watercraft. l Mitigation. a. In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority shall require the property owner tuaddress, when related to and proportional Lnthe impact, the following conditions to meet the purpose of this ordinance' toprotect adjacent properties, and the public interest: 1. Advanced storm water runoff management treatment; 2. Reducing impervious surfaces; ]. Increasing setbacks from the ordinary high water level; 4. Restoration of wetlands; 5. Limiting vegetation removal and/or riparian vegetation restoration; 6. Provisions for the location, design, and use ofstructures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and 7. Other conservation -designed conditions the zoning authority deems necessary. b. |nevaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as 14 viewed from the surface of public waters assuming summer, leaf -on vegetation shalt be attached topermits. 4. Notifications to the Department of Natural Resources a. 4K notices of public hearings toconsider variances, ordinance amendments or conditional uses under shoreland management controls must be sent to the commissioner orthe commissioner's designated representative at [east Len days before the hearings. Notices ofhearings toconsider proposed subdivisions/piats must include copies ofthe subdivision/ plat. b. All approved ordinance amendments and subdivisions /plats, and final decisions approving variances orconditional uses under loca(shore|and management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. When a variance is approved after the Department ofNatural Resources has formally recommended denial inthe hearing record' the notification of the approved variance shalt also include the summary ofthe public record /testimony and the findings of facts and conclusions which supported the issuance ofthe variance. c. Any request tochange the shoreland management classification of public water must be sent to the commissioner orthe commissioner's designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules, partblZU.]0OO, subp.4. d.Any request toreduce the boundaries of shoetands ofpublic waters must besent to the commissioner orthe commissioner's designated representative for approval. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. /n these cases, the topographic divide between the water bodies shalt beused for adjusting the boundaries. 5. Subsurface Sewage Treatment System Certificate ofCompliance. A certificate of compliance, consistent with Minnesota Rules Chapter 7O82.U7OU 5ubp. ], is required whenever a permit or variance of any type is required for any improvement on or use of the property. Asewage treatment system shalt beconsidered compliant if the only deficiencLis the system'simproper setback from the ordinary high water level. SECTION 2. Effective Date. This ordinance shalt become effective immediately upon adoption and pubtication in the official newspaper of the City of Lake Elmo. SECTION 43 Adoption Date, This OrdinanceO8'100 was adopted on this7dh day of February 2017, by a vote of Ayesand Nays. LAKE ELMOCITY COUNCIL Mike Pearson, Mayor 15 Julie Johnson, City Clerk This Ordinance 08- was published on the day of 2017. 16 WY|NNEGOTADEPARTMENT OFNATURAL RESOURCES CENTRAL REGION 120wWARNER ROAD SAINT pxuL.mNoo1o6 651-259'5800 Date: 12/29/2016 SteveVVensman Planning Director, City ofLake Elmo }OOOLaverne Avenue North Lake Elmo, K8N5SO42 Re-, MNDNR Conditional Approval of City of Elmo's Shoreland RegUlations and DNR Flexibility to State Shone|andStandanjs K4NDNRhas reviewed Lake E|mn'sdraft Article 17—ShonelandManagement Overlay District (submitted to our Central Region Office for review on 12/28/16) for compliance with the State Shoreland Management Regulations. Contingent on changes requested by MNDNR in the attached draft Article 17 dated 12/29/16, the attached Article 17 with additions and deletions is compliant with MN Rules, Parts 6lZ0.25O0-6ZlO.39OOand isconditionally approved byK4NDNR. Under shoreland flexibility, MNDNR and the City of Lake Elmo agree to allow a 35-foot maximum building height (standard = 25 feet) and 30% maximum impervious surface coverage of lotsinsewered areas (standard = 25%), in return for 15% impervious surface coverage on unsewered lots (standard = 25%) and a 20% bonus density increase for PUDs (standard = 200%), The 20% bonus density increase for PUDs is consistent with the City's existing PUD provisions. It is found that these flexibility requests involve circumstances that take into account the existing development patterns of Lake Elmo. K4NDNR provides conditional approval for your request for implementation flexibility. If you have questions regarding the contents of this letter, please contact Jenifer Sorensen, Area Hydrologist (661'ZS9'5754|/eoi/er. sore rise nP­sratemouS).Thank you for Lake E|mo'sefforts in developing standards that will protect the water resources of the state. / Te/�Ye K4NDNR, Division of Ecological &VVater Resources l20OWarner Road, St, Paul, MNS5l06 n1Ddn[.goV 4M_ pmWAS TE. Va�� awEQUAL OPPORTUNITY EMPLOYER, CITY OF LAKE ELMO - 12-29-16 COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN COMPLIANCE WITH DEPARTMENT OF NATURAL RESOURCES SHORELAND ORDINANCE REQUIREMENTS. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 800 to read the following: ARTICLE 17. SHORELAND MANAGEMENT OVERLAY DISTRICT §154.800 Shoreland Management Overlay District 5154.800 Shoreland Management Overlay District A. Purpose. r1/4-tt iLttAitrit4,40.:A afit.:ttt.ttteA1 04,40,;63itt tit) the. tt.tut.Ator 124'41,100 1-214:1,1.',A11:.1,1•S v,,,C1141.1'41[11..'6 111. 1.,:114.111eS, Choi:4e! 1011,t1 PittAtt,4(ztifiQvitt.., -,tttittiAtt 6 t;t0Ant:t311Ait-644L3?2A04,114141,ttt itt„-tittitittlirittt ttiii4.4ctititrAtt comitittottt Attirrittsotiti titt,t6ttuttotA Chap{AtrAti6,2_, The purpose of the Shoreland Management Overlay District is to preserve and enhance the quality of surface waters and conserve the economic and natural environmental values of shorelands through the following activities: 1, Regulate placement of sanitary and waste treatment facilities on shorelands of public waters to prevent pollution of public waters and public health hazards resulting from the facilities. 2. Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff and excessive nutrient runoff pollution, 3. Preserve and enhance the unique aesthetic appearance and ecological value of the shoreland. 4. Regulate the construction of buildings and changes of land use in shorelands to minimize property damage during periods of high water. Bpefinilion. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them Ir i iiI 01: 0A:114.13(6614A of (Thipictr It; Ciciter,-,t, it".A1it Pyrit,tist-tttflA, except where the context clearly indicates a different meaning,,, q13hv " r1.4'.' i34;; 4)11.0wi4+;:,1 Gi411,(1,4,111.44.41,C41, 4r:•1141-14,11,1,=4,1.1V4-119r',-4,,,,erae',=-4,16,0A.A.0-AeAtArttiti4A3141, 0,,Pc 114-41.4.1ro1,4r10-1-411)-4041,14-011 1711.311e,11A114'11i4.-4-.11:1' 411.1.1.411111S-1d11WQ11-Pn11: of--(t-otAt4it1fAti P,14414.---01'1,?11.-14'-#411:4-k1,1,11111-i14-41114i-Sh:1111r€4111,41,1111,/1-ei,,", 41-41-A-1-14P'21-111;EG--;3t-t111-r411;1:q,c11-1.1,31'1 :=14,11,V11111,410-411.11.440,111,-y.41:,;),-w4=4:1,:11-ii11:11-4.1.4-44110-161-4,1.1,11--L144,417-*,1- 416-4:r44 tAtAixAfft044,4tit+,t-t-t-GiAof ,ti4o-644.-Ltiff Ator , poti 2Ait fie4At otttr; 1:14 -0 5' ActitticiAttAttAttiot43+01.444A3,444-1A4AwAR1A44AAAAAAA433,3,03,-. 6-4646,611-64-AtitATt3,3 7AtiA,A6-6,44,466Ati4441,-1AtiAtAttt444A-AtAttto114140111-240,1431?3 t-1144(114 t43e...414.0-LF14:43,31-, A 4 • d f„t Att+4t. nit tt ; p).,M -"r C. Shoreland Management Overlay District 1. Shoreland Classifications The public waters in Table 17-1 have been classified by the commissioner of natural resources as: natural environment (NE), recreational development (RD) and tributary (T) shorelands. Table 17-1: Shoreland Classifications DNR ID # Name Ordinary 150 FTRiparian High Water Dedication Location Level Class Required Armstrong (north of 82011601 CSAH 10) Sec 28, T29, R21 1020,3 NE No 82009900 Clear Sec 2 a 11, T29, R21 NE No 82010100 DeMontreville Sec 4, 5 & 9,T29, R21 929.3 RD No 82011000 Downs Sec 24, T29, R21 889.1 NE No Sec 22 & 27, T29, R21 896,5 NE No Sec 13, 14, 23, 24 & 82010600 Elmo 26, T29, R21 885.6 RD No 82010800 Friedrich Pond Sec 15 Et 22, T29, R21 NE No Sec 27, 34 a 35, T29, 82011300 Goose R21 924.4 NE Yes 82011100 H.J. Brown Pond Sec 26, T29, R21 NE No 82007400 Horseshoe Sec 25, T29, R21 876,8 NE No 82010400 Jane Sec 9 & 10, T29, R21 924.0 RD No 82010900 Eagle Point Commented fEtill: Ling.t0 dollc,06,11ipartan •It 4,mnves# added in 201.1,and not ,ipptuved by tho nt411. Commented fEB23: Tim)s.:gil,tdminf,tr,ttom luirwtioo 1,411.614W. by tiv, (Vitt .4;0 i owlkscf,d et the aJmit,,,trAse,,,,, lion. Commented [E83]: rho ONIt durinitt,,n; ,,tof dinglo 1 CO11.1110111, Iitt Led 12, Vi2r,if,, trwy 00 all .23lad v th, clol-mitKer, of Chapter 11 of She t" Commented (3S4): VAik, )7-15, o,o 0,oUin (Yarsfe, IAA 3 port,', 5th,1,,,ke tit tittit t Mt, w,tlw, City 1,,,ItItItAty of &di' ttt t 55 tItottt 5,, ,,,g,,Imej ,h0relailii 0,b0000, 82011700 Kramer 4) 82010300 Olson Raleigh Creek North N/A (to Eagle Point Lake) Raleigh Creek South (Eagle Point Lake to N/A Lake Elmo) 82011200 Rose 82010700 Sunfish 82010000 Unnamed Unnamed to Wilmes N/A Lake N/A Unnamed Tributary Classifications RD = Recreational Development Lake Classification NE = Natural Environment Lake Classification T = Tributary River Classification Notes to Table 17-1: a. As measured from and perpendicular to the ordinary high water level (OHWL) Sec 35, T29, R21 Sec 8 Et 9, T29, R21 Sec 16, 21 & 22, T29, R21 Sec 22, 23 & 227, T29, R21 Sec 25 Et 36, T29, R21 Sec 14, T29, R21 Sec 4, T29, R21 2 , Sec 33, T29, R21 Sec 25,719,1321 NE Yes 1,1x. 929.3 RD No T No T No NE No 896.4 NE No NE No •;L44) T No 2, Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning district subject to applicable conditions. Notwithstanding the underlying zoning district, the following uses shall be regulated in shoreland districts as specified in Table 17-2: Table 17-2: Permitted (P)., and,Conditional (C) :Au,,j-lit,,-4PA'--4 Uses, Shoreland Classifications Land Uses Residential Commercial Public and Civic Uses Outdoor Recreation' Agricultural and Related Usesb'' Industrial and Extractive Uses Utilities, Transportation and Communications Accessory Uses Shoreland Ctasslflcatrnn Recreational Natural Tributary Development Environment River P P P P C C P C C C C C P P P _ P P P Commented (EBS] ri,, PNR ikedtractIve ll",CS as conditiortal14,7,2 th,eifiho,uland>.IndwArial aces age alto unnditional within RE, and t shore,Eind rilavAciatiorni but aro not allowed in NE lakuu..lhe 2014 r,,lrnd agnegidinunt had not allowN1 those useti with any uhbridonds, ,01,1 h Is not mode any changes to this. Planned Developments (PUDs) c c Notes to Table 17-2: a. City owned parks and open space and any uses or structures accessory to such uses are permitted within shoreland areas. b, Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted. c. New feedlots are not allowed in any Moreland Management Overlay District. 3, Shoreland Standards. The standards in Table 17-3 shall apply within shoreland areas to principal, conditional and accessory uses and structures: Table 17-3: Shoreland Standards Standards Minimum structure setback from County, State or Federal road right-of-way r.,%1 ZOWt; I OaCt tJ Uther r OaCks Shoreland Classif Recreational Natural Development Environment 50 feet 50 feet *on Tributary River 50 feet Minimum structure setback from an unplatted cemetery or historical site50 feet 50 feet 50 feet Minimum structure setback from the Ordinary High Water Level (OHWL)b''', Sewered, 75 feet feet feet Unsewered 100 feet 150 feet 100 feet Minimum structure setback from top of bluff 30 feet 30 feet 30 feet Minimum septic system setback from OHWL 75 feet 150 feet 75 feet Minimum low floor elevation above the 100-year 2 feet 2 feet 2 feet flood elevation Maximum impervious lot coverage Sewered' 30% 30% 30% Unsewered 15% ',-,',.,)0 SW -Minimum lot size', riparian lots !,,S.ewered Single family detached Two-family or duplex 20,000 sf 35,000 sf 40,000 sf Same as zoning 70,000 sf district Commented [E136]; Commented [UM r,iN only ,iidoires feet Idr a sewered property in a tributary SL Riparian dedication not required, unsewered Single family detached Minimum lot size`, non -riparian lots ti,:tt.ttttit„tat.r:t irt43,-ttRatt t1e4@s.tewered Single family detached Two-family or duplex u Unsewered Single family detached :-.11ztO Minimum lot width, f ' *3-at tstHtt Single family detached Two-family or duplex, 40,000 sf 80,000 sf 15,000 sf 20,000 sf sf sf titt=.00ft,11tt'AJO 40,000 sf 80,000 sf feet 125 feet 135 feet 225 feet ); titrt, ;tztt,t;,, tt,flnsewered rEtit,tty del i"!qt, cij- ).?. tt,t3t., o dtittiutt str ,tt t Same as zoning district ,At`.3tt...c31c,t; feet 115 feet O 52.)it""(L.:rtt t!:.totrc I•tt ti itt,t, r:o raL,t1 1.01,:, rCE 1 it 5 120 2.ttci z'i() 31°) ic'et tsttItt lott tf;tt:i 106 Notes to Table 17-3: ribe: rryer reer a. Reduction of the required setback from a historic site is permitted with the approval of the office of the Minnesota State Archeologist. b. Where structures exist en both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the Ordinary High Water Level (OHWL), provided the proposed building is not located in a shore impact zone or bluff impact zone. C. driveways and parking areas shall meet the minimum structure setback. Where no alternative exists, such improvements may be placed within the required structure setbacks provided they are designed to adapt to the natural landscape, soil erosion is minimized and no construction shall occur in shore or bluff impact zones. Exceptions to setback requirements must comply with the rules and regulations of local watershed districts. d. Commercial, :4.440-public and civic uses OR- with public waters frontage shall be setback double the required setback or be substantially screened from the water by vegetation or topography, assuming summer, leaf -on conditions. Inre rbyeeorrbern 4rrnrcaArra an- P,Arro., brbeerbrrr'rse:; Ealabobarerreerrbarrrerebbac:.ae brtyr "ebb:rhea be eekrebb,,k4, .'rrerbrarerrarrens earnArbree„ banrcararb rarbl bryrbi abOarry ;bed:bray Vraberbyrnann bbareraneve rlybranYL'r 0-barb :neer, r:rrranclar rbrr rrel berair %an:rine bren5,Nbia. f. Minimum lot size and width requirements apply to residential uses only. g„ Lot?, /????Hor2r1,???1,,O, h.0?????(?????Ii .h?'h??.`tht P{ VF/ ; rt?" ht? Re() irtat??, A??? ott to?111thr t, ;:h , fibryiv; 91.5. Starhretvdsr ribber, annerre rbeeir !bre ,rrynrrgir arR. berry naratrobebarbar, IhOc rtrythtitthirorl, tots, „h'Itt? bE? ?ththibtt ]?7,r rtrIkr,re! ot Ccht?thohi??,?ct. ar,trt, thrtt P. ',;!thhhed tht tot)91?,,rrtoi ??????..tet?. ht?t, thhttr? thy" tvidth 01 the ttil ?h?????1`1ThOth the ht?roth trOLori;? S7d L511 nrrerearirect by Lie, Delay:N-1 brrf for tic:bar ren rastderrinibm bAs foreach yraurbbf frh-?'?1.1.?rt..W-P.E...ct.g.hhhcgstfttr,..!??J. [13tirlpf to Shc):v1 111 1??h,??11:rt?,??O trt:Httrhtt `.titIrEttrahr.??:, 1„ftttt 'rha?t 922: )01 .19,) 39 1, cf t..9, ttFa9 .199 ibbe brbrarboannerrear yrber are re; rriyiebbri melyban „ern-yr-el, feeble .rarr lbnr nynnabs: bbrar r'urnri coverrererts r.:rtbnef cbirrearby retferrennrer benee bre', r LH:byre:, ranub, bre dreeeneneCir rbbrbi r'ibbrbyr:,IL br4r4.129b be/rarer:, be ne r!..bret14 1 1 1. Attott Z'IS: ort?1,Chter?5,:i 111111 2 o,?0„trhtto or ,ritr.rhhht lit?????? nritt, r?hr,tr int-111th,, 01:1?Or Chitth?? ?.(1?.$0",° i,1291.roc or,:rhr, 91;tr,,,1 01 ?Jr.? o??.??,?,,,,,IgHA totrriloh rtri15e1ts., th:thtt ehthr?hoot h.th.h??????1Or? Fralblrrr`erry unr dra rberrsrbonbanrrralb Lepnbrrbb, ebrb.rinrbrrn, 'Othh.°.??.ht ,otr41?t,thhht rohrtrorhroir Commented [3581: 1i (1ll!?1(c) 6,?v C3DKV aar °:°( °Taft, zd.i.oadad taa13 Jdadd(d,qa,, °.adaadad °adea or add natls° radad'ie Ce.i.slirral .;,!t34, ...d° cddinv„...o„ dd dc(ivd,d,a°, id Odd rryd:act sr..eadadaa 3Cl 1') 33 )r°°(,° 14 t,‘.° idicanlaia..°°°° ho, '.V.,r)'sditfOrs ir:01(;! cd.), hen f.'SCO.Sifi',,i'S3 ;;;..e ,„°„,°°<aetad,:d.„,:a, °cod !3°,.°0,3 1, °,rodl ca„z°,4,r,c daawydda°°°. k°°131°- c°r° 4. Design Criteria for Structures a. Water Oriented Accessory Structures. Each lot may have one (1) water oriented accessory structure not meeting the normal structure setbacks if the structure complies with the following provisions: i. Structure Height. The structure or facility must not exceed ten (10) feet in height, exclusive of safety rails, from the average grade of the structure to the peak of the roof. Detached decks must not exceed eight (8) feet above grade at any point. ii. Structure Size. Water oriented accessory structures cannot occupy an area greater than two -hundred and fifty (250) square feet. iii. Structure Setback. The setback of the structure or facility landward from the Ordinary High Water Level (OHWL) must be at least ten (10) feet on a recreational development lake and fifty (50) feet on a natural environment lake. iv. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions. v, The roof of the structure may be used as a deck with safety rails, but must not be enclosed or used as a storage area. vi. The structure or facility must not be used for human habitation and must not contain water supply or sewage treatment facilities. vii. Watercraft Storage Facilities, As an alternative for recreational development water bodies, water oriented accessory structures used solely for watercrat t storage, and including the storage of related boating and water oriented sporting equipment. may occupy up to four hundred (400) square I cot provided the maximum width of the structure is twenty (20) feet as measured parallel to the configuration of the shoreline.! b. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: Stairways and lifts must not exceed four (4) feet in width. Wider stairways may be used for public open space or recreation properties. ii. Landings for stairways and lifts must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for public open space or recreation properties. iii. Canopies or roofs are not allowed on stairways, lifts or landings. iv. Stairways, lifts and landings may be either constructed above ground on posts or pilings or placed into the ground, provided that they are designed and built in a manner that ensures control of soil erosion. v. Stairways, lifts and landing must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical. Commented [EB9): This. is language taken horn tho roNorgx model oldirwnre.lhare h;‘d previously bean issue ssith the height allowed for waterAniented derecsory stnuctui.r., (ptsrylously the ordinance did not mention the maximum height was 10 feet exclsicive of saferi rails). vi. Facilities such as pictiiti ramps, lifts, ,i‘ii ttpi pat„ or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsections (i) through (v) above are satisfied 5. Subdivision Standards. The following standards shall apply to subdivisions in shoretand areas: a. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. In determining suitability the City will consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water -based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision, or of the community at large. Subdivisions must conform to all other official controls adopted by the City of Lake Elmo. Subdivisions will not be approved that are designed so variances from one or more standards in official controls would be needed to use the lots for their intended purpose. hit , iii,iit1 C. COMnleilted PS10]: Aoded 'O 321,0 8, 6. Agricultural Activities, The following standards shall apply to agricultural activities in shoreland areas: a. The shore impact for parcels with permitted agricultural uses is equal to a line parallel to and 50 feet from the OHWL, b. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation district or the USDA Natural Resources Conservation Service. laah..iaha.a.4.4 -44 Ofa,;,,a;aa, -4aaeh ;404 paha' aaaeiatataaadaheaaPae. 4 he aaalitt.tttlttlii--‘tt. heaa.tahaaeahahAaeabeaaar ae aaahahaa4eacaraheaaahheeh4eaapah444a14444-a4aeaaheheheehee441a h424.1eFaaaah 414a. keeh.4-44444h 44,441a.a.aa,' haaha.a4.4.aeaaa ahaa. he/hat-4444;44 b • tttnn annnai fnedttnit, AU:.weed t",rutt,tot„., tetttilott. ortt.ttnonntrun; ,pf , U,' a n k.ra enttnt.tts nita nttt: ntotn.:1_ k,t.nr.tnt(ttotwt tniunctsotn. Itutint tnuttpdtto;_,;2teitt, Ftntyktott; rnust not ttittittn c;ncttpttc,,,,ltrtint ;non trttos(nlst ttnntitv tntth vtatttr ittnnt; set.boct tnt uff itnfttntt ahlraaa nnd inetAttytt...„;;tt;tittnoti C3;440:.1;4/4Q4_1-QQ'al paTirhaia, t4haahaa Car cancehe hod, Caahl hfeLaiThaa.4F.,, ntn, i?H°:4 tAtttrattnn, conttstetn, ntittt Mesth d. The use of pesticides, fertilizers or animal wastes within shoreland areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use of earth or vegetation. 7, Shoreland Alterations. The purpose of this section is to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent back slumping and protect fish arid wildlife habitat, Shoreland alterations shall be allowed in accordance with the following standards: a. No principal or accessory structure or use shall be placed within bluff or shore impact zones other than agricultural activities as permitted by subsection (C)trt4„ttbi, b. Shore impact zones shall be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district. c. Intensive Vegetative Clearing, Intensive vegetation clearing within shore and bluff impact zones and/or steep slopes is not permitted. Intensive clearing within shoreland areas outside of bluff or shore impact zones and steep slope areas is soo , , • arH41 41 T tti-t,4tri nttprtt,ttpt-pk-tnt‘tnp,4 t; ct-t!ttittlerakocr rd`t 'racrldraS4or idscrNiPaaa VcarAtreCrs:arld-f4,4i,,,,I tt.tttt .;)rd,;)t,t,,tot,t SOntnnct ! d. Limited Tree Clearing, Limited clearing of trees and shrubs and the cutting, pruning and trimming of trees within bluff and shore impact zones or steep slopes to accommodate picnic areas, trails and water access and to provide a view to the water from a principal dwelling site shall be permitted provided the screening of structures, as viewed from the water, is not substantially reduced and that the shading of water surface is along rivers is preserved. These provisions do not apply to the removal of tree limbs or branches that are dead or pose a safety hazard, e. Grading in Shoreland Areas. All grading and filling activities must be in conformance with the Wetland Conservation Act. Any grading or filling on steep slopes or within shore or bluff impact zones involving the movement of ten (10) or more cubic yards of material or involving more than fifty (50) cubic yards of material elsewhere in a shoreland area shall require the submission of a Grading Permit. Approval shall be granted only if the following conditions are met: 9 Commented [DP121: PCA autos are now more restrictocrend auprorodo the seeroland rolos PCA darn prortaat flOW Shot Mord ,a 300 /00t sertsact :rod bicar Pepsi roue are no terrparr relevant. PCA Parrs cro lam mocirridatiorrsa dap:err:roe toerosting feedlots Of its,i3filpttono4C34i feedlot:, For r51 rulds these wouta word to bo pToceswd as a coodri ideal ow if those situations could apply id the City, suggest may, tills language., Commented [EB12]: lio has Jaen Addr-aved to the Forest Management :J-VCGCJI1 °°.'4V44/•°°- .°11° ssisys, °°r.°°°°'° . % 11. The smallest amount of bare ground is exposed for the shortest time possible; iii. Ground cover such as mulch is used for temporary bare soil coverage and permanent ground cover, such as sod, is established; iv. Methods to prevent erosion and trap sediment during construction are employed; v. Altered areas are stabilized to accepted erosion control standards; vi. Fill is not placed so as to create unstable slopes; vii. Plans to place fill or excavated material on steep slopes are certified by qualified professionals as to slope stability viii. Alterations below the OHWL by the Commissioner of the Minnesota Department of Natural Resources per Minn. Stats. 5 103G.245 ix. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the OHWL and the height of the riprap above the OHWL does not exceed three feet; and x. Alterations of topography shall only be permitted if accessory to a permitted or conditional use, i- Cs; iSslisrsiiiSSQrsil ;Ss'. ; ;SS illl1S117; 14/111 /...41////:///iP ;;;;".01,/ 40; risiSsts, .n1 44411//1 USS; fin S l; ['SS,41 hin!rIF iilSi 41 ./0/1 P//,,/c/ / ,,//:/// ///: Sif// 1,/tr: //t ///' c/r1; es ///1//9/// /„//// /“////// /// th,/ h11//,r iSs; ;SA1#114444lS iSiSl ;Ss; ',I'll SOO arid is Sill:sill: 10 Commented (E1313):114,,,,,,,,,I, they duplicato 11411444414414 mN 8420 9, Stormwater Management. Stormwater management shall be in accordance with the City's Storm Water and Erosion and Sediment Control Ordinance (5150.274 In addition, the Minnesota Pollution Control Agency's Minnesota Stormwater Manual shall be used as guidance. Within shoreland areas, the following standards also apply: a. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water in a manner consistent with local watershed district rules and regulations before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is complete and facilities or methods used to retain sediment on the site are removed. c. Use of fertilizers, pesticides or animal wastes within shoreland areas must be done in a way to minimize impact on the shore impact zone or public water by proper application. d. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 10. Private Utilities. The following provisions shall apply in shoreland areas: a. Private subsurface sewage treatment systems shall meet applicable City and County requirements and Minnesota Pollution Control Agency's Chapter 7080 standards, Publicly owned sewer systems shall be used where available. b. Any private water supply to be used for domestic purposes shall meet quality standards established by the Minnesota Department of Health and the Minnesota Pollution Control Agency. most Itr-• itptttitoti i.f1:111 rh Wthr'NO cr:d;;;' Minne•SC;.1.', men'.jt .„ 0.G ,TA 41:,P 11 gf,EEEEE'EEsEE3 i-jcoL,,Ca ,E1E"-1 EErkfu tEE;, tE,k1"EfloEE,-)5""al aftte tS „ULE EVE" tE'' i(E.V "KEE'/; ELEREIE. LEEIi /Ley I O,:c -ttotei, tot O„e, fc1„;tt roctenvi 04-E tf'EE"." ' 33',-,EEE!..,..000;', PPP, PrP PPP-PPI"P' PAP PP,TV P PI PP PP 1,j'E.' 17' E'iL.:-Er'EryEEEE' E"E.Etn,E,E° PPP hP:PLP, ,!P:PP,`Pip,P,P..P P ppiP j,p, rcl,pp„pp2f,P,,IPP-PPiPpit,'....d,tt-...t"titter,,,,,_t.t.tte..ttit.i.tir.)J.: r one ;t.-1 1 PP,Pt , Pr., P,PP PC,P..-Pef VIPPIPPAPP:PIP P,PP-PPP PPP P.:, PP"P' PP P.PP P.,,POP,PP P OPPPPc.ppp,P JpIPP,P,P111;31,..:13.14,,,r,Pp!Ppp VP'Z'- t., rotAv.o:, IPPPCP(PPPPPdi t.no E,)(fEEF,Yi;E;i" irTEM EEEL Ci;:v.,s1fic6tion No 5ev,Pf 'tft 300 ............................. -.EVEMEE'f:E. 12 Commented MPI41 r .vcceveve ear eveive 1 ef tate i7, Commented tEB151: tno,d onoit I ion, Jrgi og,,-,mts 1.-4v b, f1P-PPWMP.1,(i ttatiPPPv nd tP,P;PPP,V4Ptut COPP'POU,I.POPP OPP ,118 8flAt fil.”Wflt eP,P,PM0111- be requeed over open space areas. t.: fib ttio li: It: kilt by tbisi ibitbitibtart smolt, '0050n.i7,51' ittitietbitt: st: clittiiiiittift, I tityr it tot. ittbit ditititib tbsit ibbictrtl by tititti lot byi.sybiatfici yi ;bib bib ;!.z);-qq r 1..` 0100,' ;55'5`; f<;0. 015ren0C. 00, L11;545'..,;a51 iititititibit. :Lb tit • .i: yr:I-Oct:Abby,: is mote bib:Li b bit rbitibt-ti titt t(iiti.tit ytti ;201,;5002i; 055)0W1 ck1;;;1,..-11titH5.5391i iiityd bt. tic fit '5.rf.0000V ;1550) ti5e rtittUtni Lori brittltti. 17,71,071l L05.550;i: 0`;;, Urti;;.5 000'0. ;5,5,;5 51,,U5;05f1 110700 501;5; riyity 5.•:"00q5:5 it; ;5'5;;;;;;;;;I:;,; h5' 05;!5.5eA, Tittliki 17 "aik,tttki:(10[,,t110'i 1110.1tt11:01 010.1.010. ISS:t77 tO 1(iH1( N'171. (02,031007 Sttikr7.l.inkl"kt /kat tkilit1atttr1i0, n0000101102 ("0 of to"ltatnC)-1,, Sitkil "PI() Ttn,ttto lOritn.1007.'in,wth)101-0'0i 1°'° ttl°i° It74.110Sist..)-.„.„700:0.... 77 el bobbitibi, trobtiyiaiitbitt, tforbittibiitf iistt brbibiriiiiiibb sitty, ibitt 11ub; U-to of 10ti,t.010. iSktktkii0"i0°H ).°701 0 tit:7.0'5:1 10 4,; ;15;5000;10,,, C:0; 551' 0,0150;0001 ;.!-01007 0010 ibyt. tri 0;55 rioL 0101 650515.050.H lisr lb; orbits. of ftityibbytt s koittittibiti osibtr110. 13 Commented (E816]: Are riparian or nonrip.trian lot sire standitrds to Lgt uted? This is obvious for 2. and 3`l tims and so on, but not 50 obviout for 1. tiers. Commented [DP17]: Uso riparian lot areas for 1. tier, If there is no l' tier (e,g. development is in Si. but contains no riparian land or there are no lets in the 1. tier) Otherwise, usn nonriparian lot sizes for all other tiers, Commented [DP18]: For lot area of rivers, Tahle 17.3 refers to underlying zoning. Thete ran range widely from small to large lots, however, lit width: neat to a tributary ape Ned. What are tint results of y minimum lot site uf 7000 sf and a rentiired width of, say, 150 feet — a lot depth of 47 feet? is this practical in lake Elmo? Commented [E819R18]: I think this iro tomething that Wralild to tItt r eviowed to a Calif! by Cal, bIos, rl,k eiiarnitte does nat make aiinan itrid will have to he (dallied 11y the 105 laNR. Commented [DP20]: Since the city specifics lot area for river lots as "underlying" zoning, this sentence can be removed. Table 17,3 includes the minimum lot widths, so removing sentence is probably best to eliminate confocion. Commented (EB21): 5011 I'm unddistanding what this is toying Poireittly Ito vitu alt,itie I ht., tooth, looEt ,.ctaktkt distorts' minimum Int idea by tba ?IL rectuired minimum lot width. llow In tending it ivt Min rIal Width (Dee: thls mean „til, 300, elcatfier Ueptli?)11 / Min fttttvilentInt Lot Width (of zoning district Cm, you 0,1,150 amity? Commented [DP22.]: u(00-4 the,ityl,,(vi,,iuos hotels, resor cami(grrtimilv in shoi eland, commercial PlJD piovitrinr, ,Qr«,•.tek, ale ft QC aftedtttl and hnve bean latrat)vall Commented [DP23): con(A.,t,m(500, . 3 Commented for ommented (E1325R24]: i included the definition from tt,e previous shoreland ordinance. ( Commented pS26R24]: a",'„,CoCcaa aavo-aa.C„, ocalaaloaara,aa :tra i'"a Co' aoLaaaa.2....:2:jaialcaaraa-acfa,. oxama-arc,i-cav Seia,Lia„ .............. C4,,,fra'arica,aa11 Pra';7:ahoc,aa,,,,aaaal.ao, driartleclact oaaraaao a...Caaaacao aaaa_aaaraa,a-ai. ,3coalcocaa-coa coOro4roacaal 1,,Sfmao aar aaaapa a, ar. 11,40, re:Cain:Masi, at..„naii,„ 04 at:diet ndardidhat (er Tor Lida- atar-ai t2hottoarid aa :paaacato Sa..ada:aaa, aa-ada-,o)a'aca,: t-ry .--ao,Ocoraaa, roVd 14 Commented [EB27]1 0 In4p riutn t.rle PI ordinance aineriument Commented [EB213):11,,,,,,,ett.te 14 prodder an option for developments to which sirsser is rice Commented [E329]: the me tdrim horn mit 70 Id dinance. Commented fDP30t: these weirdo: ms, ei similar. yew he fir other -paw. or thR'` YLC,de.. theeV eptditio tr1441. couldn't find them. Commented (E831R30); rfree.f, en le'', ',IV:, this through this pdr t of tho P441104 durance_ Op,} yrzh ee oil rut „,T keee,,t ttre pronto elfe'ekrol Within right -not way NbAlt 44 47e'oele,e0 ni,Prnteelle•ei 0q440 ee1teliee,.01e0eee peelele, eeer ,eeeeeeeeete,e, €11,0 I), eSpPfe.},e4hi 01100 to this ocureernairt Airy 1rerite001 open spade fett*t tO the., o,,,01;,11t.: tenants. or of tin 44414 for te,t('4t1eeteelf Weetpee,P,'e 5,111(tel1ie5e.1,4ti, L,/,d 505e, ver4 lo, I4J4O0 wail (1Q1.0,1ion 4itioo4 e,tht,r I MVO? fed 440 0repr,00000115 irinY 4,appfkeef Op,/, 1,, tf,e rw,d, ot ri.,q) and the ..1.1t.f e,elltdiPeg neffVeheifee'sel,k tee tete 410104 41 404 p.u4, plAy141 otHrds, pi,3ymg anti othel re0remi,,t,„41 HOVONQI, 41k5E, Mr, dgo 4141 eNpliv,tiv 10411 commercial 101 th k bx,,,t 1..oe.,1 hot, I did add some htitititatte allnws sh,S0 mates distention facilities and other site rinni ocemiiir ha not 0014404 herein to be located in open space, - aa Commented LEB.321: This was added from our 2014 ordinance,J Commented [DP331: lhoo weAd411,431, 1tl.1,111111,41, 1.1100 brd It1 /31Il0t IAI t If 1 ;hey mdv bo 440 n1.111414 lt rhea, otitis tithe t find them ,Off:ffpl:OZAISLO:folfft fO PIO tho d. nno:tIortott moo or too oft rdi- vton nnti cotOnteioonno, in Poopoutni,„ t, of 01.*4 000tit !oottttoIouotor, ot dotto.cornt,•nt. ol coori;nuoOtt Ot,ftfintIfftf., affinf noffentn:: bulti2in•.,:.. ;,,,r.or,,,toc,- ,ont:,;lion intotto 4. fO:Ofjoi,,f0f Of.:fr.f hn COf foO Vootelooroont org_aftitIlnilot ant:a 'unotto,o,Thio,, iffrOff off.t"" a,,00Dttottoa, stoth ;:Ito to,Ottenno, lirovottos., , nInoloont.o.o: mutt. Itt. ,rtatioM otok', h Oootottr-4 o :tacconobon. ottoo..1', otoordtnt ntto ff 1.)W' 1.1r0,.rki C f,YO Lifl f. doff! 03f1f.f foitiffo O ;Of S rOfff:f, OL'Orf3SiaCOO ,OTOOIO AO:f ff' ,oIttonttto‘, trohdnkon,-, ohn „,,,,,;;JoA,roinql nj,...41: to, ttiocos;toO,o11!nnooi, «..,"23nrni::;4!VYl4.4JCff,Off" nOf tictlatnto, 12. Islonconformities. OtfkOff , -oOf.fff-fOfoffdff,ffd t tttt,tt.tt tt; fof ffrOfOO.,,00fiffO_°;:fofff fOf fOffit,ofIffiff,Off Off-lOilPoffhfOOff,:ffffOl Oi"OfOOf4A ,to,olit, tototohttod foonnonintoko.tt ,rtf w, tot -coot, ototo 1-o„o,r, ton, Ott 4t1000tos.1 acto,r.o/I Ittoittttoto ItIrtrotrInot Sio:Ittor, t„ItIldtt I o othe' teottint.toot: co, ton; tootntrnoto,o AP-d ,siscont Iiit)ary:%.‘ And Iforensiionno.00n of ann. :Yono.:q...J1,0-oolo, tOnn„; noAsn.tto ninnorecoonno.,-. on on: n:koynn..kn trncloor,? otoCI t tat, „int! taIto„..t OOfiffOiFof,00t,, ;of Oot 0; ditolott., itot t,Iato:ot, tort; linorto rocItnfttroonto, loo oq,schonnzeo ,ou -Off fOr fOrfoof Oifrif wof, titotot,etroo;-1.o,ttot c,-,ponotitottAtti,Ittttottittrtt-.4 ff. f'of bOOff"f-i COI _ fi:4;forOff,ifff f.ff. ;tot 13"O'rtf foo,, trt• t-tPtootototo':,Ftoto.ostitttot:initrnt-iorttAti4.4,‘,2,;„„o,,,, ,tat,IIO.,ortIttoIoq-ototto-Itt,,o-rtIttoo-PrOIaott oOott pofff.',+?SO. tottLO,v ItettItcoor,t,tit totto,tItott ttr?-t-iof attitto,ot otnIo:,00taI-totott,orttoIttioatttti+4- to kitor '341,14.'4., tt - ttttrrttt tttttitt Vtt tit..., Itt, trti' . t• t., ;:tttiVtt t tt-tt t tt • t°, tt. OO ItIottnonAniAnnonid.nAlonoA;.-tooiloov,Ao. 4fOtOOo4o:LOoo$k;o!'..,ofi o ttoet4t4o- son Ltt tcitt notot ttotootiOot-tI,o, Ottottl.. `tttoot, tOo-ntrtott:VP, 15 Commented LEB34): This the 040c1' langtoer, provid4,1 in word; to apen :pace presof Winn in CIty.appro,n4 :014 orJulanco. Commented tOP35): Men! nontiont, ,onii4t, may 1)P in egiwf 1,,rt, of Om Ct th$,V MYy nt,toenttitt,,, If fon foot '-, i I foofkiff.i find thew. ,;!„ d". i •nA- Eq ; ; 44;;i; r;;;;;;(.--4,;;;;;;;;;I;;;;;;:4 ,,;;;; ;,;;;;;;-; ;;;;;;;;;,---24;;;;4;;;;;,,,,,,44-4 • .11, ;;1-4;;4848;;.; ;0;;; ,,,,,;;;;;;;;;;;;,,;;/;,;;;;;;;;,;;, ;;;;,-;.;;•• 4:j481;;;;4748141;44741--•;;444 .,144141.44,44'.,41,1,4.4414, 4,644 -g4.44N,4411-1,g4 4 d,44,4111-i4,,,,,,,14,143°,444,- .14,4,-11;1444; ,14 441.4' ".4444Ul448i;,44 4 144444 d e 4 4444 44i 0144, - ". 44;;;:;4;;;;;;;; I4,A4, 11"44!-4-4i.,,..11,V 4.,:::;;;;1;, -44-4,44314d 4!,!{,?-; 4,4 4-4,,41';.;,;',, ;;;;;nY- f:'4!'Pq1014.:°!! ;4)r--,-i;;;,..4;1;;;;;(,E,4i-;,;;;Wi';- 044 4..`h-.;,?-o-;-;+4-1-?.5--);(;k;;;..;;;',A,,,, -1ek,,,a N,i;;;;41-F;h-:.,f4.-;;;;;-t.;:;;;;;;;;;;;;;;:k1q4,-;.dt;44,-;.:4 s i!!!!! 4,44 -44,4444,4444,: 4f41!111.14-1,434,:1,3 41,414,1144,1,,,,1411. Q.; 11114 ;.);;;i,;.;;;,,,,k;i;;;;;;H;,;;,•, 414N114.4.,,441,4, 1 4,44 , ;;;;;;;;;;;;;n;;; ;;;;?; ;nd;•;;;,;;;;Pv,z;;;;;;;-; c•;-; v‘;:i -;1;;;2 61,,4,1E1,,4e411'1, ;,14441?,14,1444'.., • ,acci:;( ;;;i-144(,i,,,•;;;;44^,a k44;,;;;,?.-- •4;;,;i:;1a;;;-, Alen 3;;;,;;4p1.;;;;,..:4,-;;;;7If;,;;;,4,;e;;;;;,...; ; ;;„,: ; q,;;; ;.. i,i4114,4,14,1a44,41,4-4144,441114.,. -414.44444...4,41t46.4i -1,4,4444414 4,, 444,44,1,4.4 41,4! 4..1.44.. ..'.11,441'440-1, .44 s;;;;),..+;;;;P.;:;;;;e;,:f;-1..;44;;.-4 84 14 tc 4,11 4..51,:.!.,11,...!.,• 11.,,k11,f1d ',:;.4.,;;;44 ;; .";,;;;,-;;;,;;-,;;;;F:-;•0;;.,;-';:';;;;;;;;;;;.;;;;;;;; 41",c44 !C,!ka 41a41,,44,1411 ",-C .r.;;;,,4i,r4,44,1 11. ,!,44 t (4Z4e,):414,4n11,k)7 44441, 1,11fl4441147,4, '144 Or, 0.; ,,,,;;;;;;;;;;;.;;;;;;or.-;;;;;4;:;,;;;;,;;;;;;-:0;:g;;;;:l.-;Y,I.;::-;--;;-,. E..14i 44°44 0,44 ,;',1.-4,,,441.4 T. 7.44,41.3t. ,ja (41+4144!!!1,444:4414 4!4t4,117.14449,,,, 3.4414 4"144 r4e4:41 44+4-41144i4g4.11,,,,44! 11`.*',,F44 44;4444,, .6,44 4,14,4944.14-,1,,,414 i44f1; a11;;,.;1;i,1-4.:,:4r.r.4,:, 1.;;,;3;;4;;;,;; ;;"J;;;;,;;?;‘,;;;;;;;;;;;;;; ;•;;;;;;-;141,;:;21.;;;-;404 -,,'4.1,34-(,,,,--rt.-?,:a.,14411444,..41,44'.-1 41. . - 14•;,;.?1;64.4i73-14,i,'" ,4 n • ;€• •;.-G ;J11,, 4444:14,,,,1-x,, 4 ;1,1,;:4;;. 'rq"; --Pn 91) rr,t1,144 .44, R. 441,4 42,04,1,4 14,t, 41.1i4 n;;;.;;;!;;;°.;;,. ;-,,;;;04;41÷;s;;;;11-,;4•;;;;;'; ,1 1t..:4 4(7(.,: 414'11 k a! 144 h 1 C141A4?4i 4d, 0,,t1or. 4,44 s ft,„ ,1141,1, ; 0!„` _,.;;p..;;;2,4;;;:i LI; ;;;;;.; 47348'f,"4 1.4841.4444841 ;.c aal a a Or a'a 10a- r,,:a Ya, Oa.: aCaa ala 44 6 '4 7 111 ! 1,44 142;,!.4 404! 11,4 S6 1E14 .1,4e11, i.11i4 16 nv.1 51n„. Si2T(.1 00tiw? rninin-:um v :101 haz.--,n(k 1.001 0011 Ovd,"," ooi1o0-io to §:an' a ,°(,::C.I0Tre0 Lk.° 101011113103501011111313 11L0010biC 11t100100d11100 011$1:3 01 01313331- F,“ a 1,,1010111301131130 ng 10q4101:; t.tn' tf..‘ 3330p,:5103011,..0 50,0111303013 U.; 1 3013!fra;>VIOU. 01) k,vdt: 33*531, of P1'.13 BC.fir.', a!dC1 Skr.; 17 fft- ',tor lottoolortfolo fat otoa tl ;tots. ofttotlitlotraff2,„te „fa antoni otteo:co tot; oaf tOototooto tor tfottfoottot. voV,. oft.. oott oloot tt, Oal oftl,O'o ooto of, ote,Oliftl' 'to ifoitto . eoi mil. olotiolonot e„,,„ o oodait fj f . L. to:, olloellottal torototo.f, rot tt;totOtoottt fool .ot ft.tootoott oloot otot t000. footootiooti otottott.o.tlfto?. t;-jf rral ir ttfototo. ltot ooliitofttoop to. i'M Cle.e itoo olio-, almito,, root ol2O. „J. too' tt 'ale; izoor0: 000. too tottorttootoof ttot totorottoo.ototO ft.fooftfoOofol toot ottottaOsof oto ottxtototto . f.ftufolotico (.0 stott oioittfoottfotottfro t....00ft.tod ft Ott, o; to toottoot o' o tot ?foot -to t;f ,.ofittfoof ::&ottotttitto,Otrof (tool 000 I Ch.r. ,ll,,,,,,tellf.tltajnvaia.:narl,,,,a- .l.n.rdrai 4,,-,,,e,..1„."..974;,}1" ,:„)1 L,"19 ;CO a 81'i iS d otof CI'. ill:a too of tlott. A SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08- was adopted on this day of 2016, by a vote of Ayes and Nays. 18 Commented [E1336]: adilmnl the. but also added mesurface sewagn tinatinerd S,,stentto the languor., as I voilted tu clarify for there alto' that lay nut Know the MN 1,iles that the certificate of compliance was in regards to SSTS, not just any permit or variance. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk This Ordinance 08- was published on the day of . 2016. 19 From: To: Sublect: Rate: Attaachenents: PE Sia.aaa: atia,abcata,T.la,a oar, a:I tVaa..ay Avatra 'al 'al a a, fasouttot4,11. oturt:ol,,, From Etatla 6aai,..aar ,arata:zEEEEE.ahErETtaa aar, arra Sent: attagc:,t al .7,,0 IC, 13, AM To: Joaa, HEaaaa,n Ea.HafaErtratEalaaat EEEE., Subject: Caa,aataa', From; tio , ire Sent: it ae::: aaa, Subject: ".E ara'l "a-ai E lEta aaa ET) EEE,En From; To Cc Subject: Date, RE: Shoreland Classification Table Question Wednesday, tune 29, 20161;W099m Tenifer Sort..919911, Ed51. MUttC, Area Hydrologisi 999,999„,, DNR, 999,-9999, on 9.,99 9'99999 99: 999 I St 99 h 99'hh From: Emily Becker Dinallto:EBeckeriglakeelmo,org] Sent: Wednesday, June 29, 2016 9.48 AM To: Sorensen, Jenifer (DNR) Cc: Stephen Wensman Subject: Shoreland Classification Table Question Hi Jen, it appears on the DNR ,,vebsite that there is e discrepancy between the Lake Shoreland Classifications List By County and our Shoreland Classification System. Namely, the following 8 lakes or rivers are included an Lake Ernes Shoreland Ordinance shoreland classification table that ere rot included on the DNR Website s Lake Shoreland Classifications List by County Table: Ordinary High Water DNR ID # Name Location Level Class 150 Fr° Riparian Dedication Required Y99 You're co, red that till:, waterbody d9.9rs not hare a DNR arNa99999 ci32..9fir.ation. Thh rraterbcciv th not r99919.9d to be ft9199fied rr she 99,19 shot e!and oafinanco, Tt,9, ,991999999.- 999.99, 99ted 2 the Chy's 3997 ordinar re T9si. vevsior: appr.99,99 by DNR) eild I :9999.999e 9r9- 999T9999.919e999.Id 3199C.99 99 to 9999 this 9rate19-9919 W.3", in9h1d99; in the :,99,9,99,d99,99ance,13 ,.9m red, wet 99999-jv 9991 9.9“:99,i1994pr9perty 9,91 2t9I withm ;900' Daa-aaaND ;INN Licit wEagta P999, L9ke i32.0 10900 HT 9;9991 99.9.9 =',92011tOOT Lot; r9 mind Naa erat.999.9999 Sec 26, ore 99Ln39 TT-991-91.9199 N9999.9, 1o25 9933.90/C! 82041900 Margaret T29, 921 HE No lna:'e tr., T99.9,9 .;h99,99ind setback 97andards, 99, 431 999.94 ',,M,TC.t3U1`.0..'S e a shr9r9999 c.19999 33V41 019,,,9999;, rise1 T.91999 0i9R"9 99,,,b9;te t9999,..; 29.9 N/A shot eland 9:99i99-9, 4 e9ch tei wr, , iho Raleigh :mor ciouou i.00,oerit wclUi,ultked as tr stery 431 999999 Creek North Sec 16, 21 oaiori..ouis,,,i,o, 9:9;9 a 390shcoeh.-9-91 dish ict on each .r.ide DNB ID: (to Eagle 6. 22, T29, :0 :he 91:99 999q s9. Th39 watercourse shoW9-199-? ir th9- 820.12,2 Point Lake) 921 T No :41oreL.19,9 or.:99.9999. 919 9,9 99999 99-,,,99-99,9,99, ha9e. a 9999 ,4999d 9;99,999'.9.9.99 1999,999;' . t9999 9,9%a tar.99 on WIRT. ,999994 59943 the NIA Raleigh i,ocireL1,1,1 ot 6,1, +vote; 999999T 'Tills Le this Creek South watoic000ie .9.,999t9T9 T999rofied trIbut.99y. 9,9 p9b99 (Eag)e Point Sec 27, 2] 999.ef 9199 99,9, 9 300 3 r9991ancldt9Irict 99. 99199 -Ale DNR Lake to Lake e 227, the ‘99:erc9919.9. Thar wator99urse 9 hie Etmo) T29, 921 7 No 9199 919999 9. 99.9.999.9., '1 S T9999, 999r 991 0,91; ;99 999t9T19999, dee, 99' 4:99 o 0319 1.99i 999-09:99,91,99999. This .99691:x919 h 999r, 99q99-ed 599 he 1991i TA.991. Ur99 C9.9 s19999999-91 9.,9931153e and { 29,9 9.9,949..99,19999 93319 the C99 .Nhy '(r, the sh9reiand 99;999,‘99., 71:9 Sec 12, o,mor 99t 9,t9r$ 1997 ,99999999 82031300 Unnamed T29, 921 NE No 99,199.92T 5oc 25, 1370,11700 Unnamed TZ9. RZ1 NE CA 995 h..hro 0512 2.:1; Sec 11, 82048400 Unnamed T29, 821 NE No Nta tea eel-oder Co., 19,7 ;ter aheeteet th; ttatat .34 fidii1P- EVA ic.d. Unnamed to Sec 33, Wilmes Lake T29. R21 3 No N/A ik Unnamed Sec 25, 8201'6a Tributary T29, 821 taati hattbhat ettatertehraea have 3 cico.iif ;ahtta et; T No on Also, 82011602 is not iisted on the DNFes table kited twice. is 82011601 on the ONR's tabie, but this could have been a typo) 82011602 Armstrong (south of CSAH 10) Sec 28, 329. 821 1019.3 NE No Tito, hrti'; t; Thank", for reicidov, 8201 60 1 the C;tatt, aitterelayttl teethrtence ettriat ttietthatet Net eh:, Flersheres Pond llD 82010500), however, IS listed cn the D\R websitels list, but is r.c,[ on our table. F,2;l4 0500 kr; .;,NatUr Et' rarOn.:191', ,hCif t:`F.Fftd dreahlitte;that, aatte;ahtteatta ahhott Cii.yda '99% siccliidancici; 1siciiiiie 'ion icispiciiiiiidicriide 1 . r1,1{. ‘,1 r'Prj tn e citaa't the; teartal erdeetiethe Please. advise if these lakes and rivers are ti.i) remain on our classification taloe, or if this classification system has been updated and the above lakes or rivers can be reelleved from our Ordinance's classification table, We have had e request to have them removed, so will need a response to give., El Ilk ker itt et lit, 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2017-012 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-166 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-166, an ordinance to amend Section 154.800: Shoreland Management Overlay District, of the City Code; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-166 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. 08-166, which amends the Section 154.800: Shoreland Management Overlay District, of the Zoning Code, bringing it in to compliance with Minnesota Rules Part 6120.2800, by amending the following: The Shoreland Classifications Table is modified. o The following waterbodies are removed: Minnesota Department of Natural Resources (MNDNR) ID#s 82041900, 82041700, 82048400. o MNDNR ID# 82010500 (Berschen's Pond) is added. Forest land conversion is added as a conditional use, and standards for this use are set forth. Changes were made to the Shoreland Standards Table 17-3, including increasing certain minimum lot width, lot size, and structure setback standards; adding standards for lots containing triplexes and quads; adding minimum lot width standards for unsewered riparian lots and nonriparian severed and unsewered lots; and maximum structure height. Standards for lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions were added. • Restrictions on roads, driveways and parking area, as well as steep slopes, were added. • Additional standards for Planned Unit Developments (PUDs) within the shoreland were added. The non -conformities section was revised to reference State Statutes, Section 462.357, Subd. le. Standards for surface water -oriented uses were added. Administration subdivision was updated to align with Minnesota Rules. The full text of Ordinance No. 08-166 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: February 7, 2017. ATTEST: Julie Johnson, City Clerk (SEAL) Mayor Mike Pearson 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. IZ M/S/P: Williams/Dodson, motion to change Item (0) (3) connectivity on page 14 to read "Trails, walkways and paths must make planned connections to planned external trails and walkways and paths within the community, Vote: 5-0, motion carried unanimously. KX/\/P: Dodsom(motion todelete Item (0)(4)onpage l4regarding street design, Vote: 5-0,motion carried unanimously. M/S/P: Dodsom'motion todelete Item (0)(4)onpage 14regarding street design, Vote: 5-0,motion carried unanimously. M/S/P: WiUiams/Dodmn,mmve to require that the restaurant and drinking establishments must be in the same structure as the clubhouse and golf shop, Vote: 5'0, motion carried unanimously. M/S/P: Dodson/Williams, move to require the clubhouse follow the city's commercial design guidelines and standards manual for Lake E|noc\ Vote: 5'D,motion carried Williams is not in favor of including the semi -transient accommodations without further definition. Kreinorrstated that hedoesn't feel that they need todothat now. VVensnnanstated that this would bethe time toinclude itand get the definition set, otherwise they will need tVdoazoning text amendment inthe future. HandtsuQgested that they could table this to the next meeting which would give staff time to draft the standards. There was discussion regarding the 9000 square feet minimum lot size and how that number was arrived at. M/S/P: Williams/Kreimer, move to table the addition of a Golf Course Community Zoning District to the Zoning Code until standards are received for the semi -transient accommodations, Vote, 5-0,motion carried unanimously. Public Hearing — Zoning Text Amendment amending the Cit«'sShmne|andManagement Overlay District Becker started the presentation with some history regarding the Shoreland Ordinance. In 2014, a Shoreland ordinance was drafted that was modeled after Woodbury's. It was submitted to the DNR, but the DNR did not approve it. In 2016, staff started working to make amendments tosubmit tothe DNR. Definitions were removed, 4water bodies were removed, Berschen's Pond was added, and the language for water oriented accessory structures was kept. The DNR suggested that the City include a Forest Land Conversion asaconditional use with standards. They also suggested deleting the riparian dedication, changed the setbacks and impervious standards, Standards are Lake Elmo Planning Commission Minutes; 1-9-17 13 addressed for lots intended as controlled access to public waters, restrictions on roads, driveways and parking areas and subdivision standards. There |sanoncnnfornnities section and amore detailed list for the planned unit development section. The proposed ordinance for a PUD maps out what the open space can and cannot be. There were 3public comments received. One comment was asking for anincrease to setbacks for sewered development on Natural Environment Lakes from 100 ft. to 150 ft. The second comment isrequesting that Goetsche|pond not beremoved. Dodson asked ifcommunity septic isconsidered sewxenedorunsevvened. Becker stated that byCity standards itwould beconsidered unsexvered. The DNRmight have a different standard. Dodson stated that the proposal states that when municipal sewer isnot available, a community septic isrequired. |sthere aminimum number Vflots for that? Becker stated that by City PUD standards, a minimum of 5 acres is required and they would have toadhere tothe minimum base standards Vfthe district. Williams would like the wording regarding the requirement for 50% open space more clear tosay only inthe shore|andarea vs. the total project area. Public Hearing opened atl1:39prn Ann Bucheck, 2301 Legion Ave, she is wondering how much of the shoreland area has to beopen space. Becker stated that they spoke tothe DNRand they stated that itdoes not mean the open space needs to be in the shoreland area and that it can transfer to anywhere inthe project area. She iswondering ifitisrequiring city sewer. Becker stated that with a PUD, when city sewer is not available, a community septic is allowed. Terry Emerson, II04 Legion Lane Circle N, went through a few of the water bodies on the list and anumber ofthem would not meet the ordinance. Hethinks there will bea lot of issues with the current homes on the lakes that do not meet the code and are going tobecoming infor variances. Hefeels that changing the building setback from lOOtol5Ufeet is alittle excessive ascompared tothe lakes that are already developed. Public Hearing closed atIl:S6pno K8/S/P: VViUianns/Kreirner,move tOrecommend keeping Goetsche|Pond inthe 5hore|and classification table, Vote: 5-0, motion carried unanimously. M/S/P: Williams/Kreimer, move to recommend clarifying the open space requirements for PUD: open space must constitute at least 5096 of the total project area within the Shore|and,Vote: 5-(lmotion carried unanimously. Lake Elmo Planning Commission Minutes; 1-9-17 14 &1/S/P: Williams/Kreimer, move to recommend approval of Ord. 08-. amending section I54.800: Shoreland Management Overlay District of the Zoning Code, Vote: 5-0, motion carried unanimously. City Council Updates — December ZO,20%GMeeting i\ Boulder Ponds 2»uaddition Final Plat and PUDextension —passed. ii> ViUageAneaAUAR—passed. iii) Diedrich Property zoning map amendment —p8ssed. iv) Comprehensive Plan to meet population targets and growth plans — forwarded to Planning Commission. v\ Moratorium ordinance —repealed. vi\ Low impact development standards — referred to Planning Commission. vii) Noise Ordinance — failed. City Council Updates — January 3, 2017MeetnO i\ Hammes Estates 2»u Addition Final Mat— passed. ii) Planning Commission appointments ofGary Fields and Dale Dorschner. Upcoming Meetings p. January 23,ZO17 b. February 13,28l7 Commission Concerns Meeting adjourned at12:]Oprn Respectfully submitted, ]oanZiertrnan Planning Program Assistant Lake Elmo Planning Commission Minutes; 1-9'I7 Emilv Becker From: Sorensen, ]enifer(DNR) <jenif eoorensen@gate.muus> Sent: Tuesday, January l[\ 20175:33 PM To: Emily Becker Cc: Petrik Daniel (DNR); St*phenVVensman Subject: RE: Clarifying Sewered/Unsewered Standards Emi IVIN Rules 6'120,3800 Subpart B (2) (a) state that residential PUDs must be connected to publically owned water supply and sewer system, if available, Long termfundin�and maintenance of pubhc sewersystem anticipated an�a�ed (Rovernments stay in existence for a long tiniei With a COMMUOity septic system, there is t,')a,, same need to have lon� \er'nfunding and mainoeoaoceofthe system inplace. Aslong as'the City takes measures tomake sure that a cummon;tySephcSyszemisfundedandmaintained.andas|ongasthesyotewmeetsK4P[Astanda/ds.DNRcuuN consider the use ofacommunity septic systeminaresidential PUDasmeeting the shore|ondrule requirements. For example, the City should require, as part of the approval of a community septic system, documentation that an annual system - Regarding Whistling Valley: DNR does no� have documentation that DNR reviewed and approved the Whistling Vallev shore|and residential PUD' and we don't' have documentation that DNRapproved that lots within the development be considered seweped because they utilize a community septic system, Do you have documentation stating X this? If so, please send me a copy. It may be that people aoomethat it was approved by DNR because the development went forward. What ramnout ofthe l/9/l7public hea�ngonthe shore|andordinance? VVerethere other questioru?I'm cuhovsas to hov,you think the o/dioaooexvi8bereceived byCity Council on2/7/l7, Thanks — Jen ]eniferSsrensen East Metro Area Hydrologist (Ramsey and Washington Counties) Division of Ecological and Water Resources Minnesota Department ofNatural Resources lZ0OWarner Road St Paul, MN 55106 Phone:GSl'2S9-6754 Email: |coife,snreo-lenPstate,mn,us From: Emily Becker [noiko:EBecker@|akee|mo.org) Sent: Tuesday, January 10'ZUl71I39PM To: Sorensen, ]enifer(DNR)~jenifer.sonensen@state.mnus> [c:Pethk Daniel (DNR)<DanieLPetri k@state.mo.us> Subject: Clarifying Sewered/UoseweredStandards ]eoand Dan, From: Steohen Wi To: Emily Becker Subject: FW: Retain Lake Goetschel (82031300) in the City of Lake Elmo"s Shoreline ordinance Date: Monday, January 09, 2017 1:5207 PM From: John Hodler [mailto:johnhodler@gmaiLcorn] Sent: Monday, January 09, 2017 1:24 PM To: Stephen Wensman <SWensman@lakeelmo.org> Cc: Larson, Rolf <hhalyer@gmail.com> Subject: Retain Lake Goetschel (82031300) in the City of Lake Elmo's Shoreline ordinance City of Lake Elmo Planning Commission: On behalf of the Fields of St Croix Community Association (FoSC), I request that the City of Lake Elmo continue to cover Lake Goetschel under its Shoreline Ordinance. First, in the past few years Goetschel has increased in size to ten acres. Therefore, it is now a lake instead of a pond per the Metro area's definition of a lake. Second, in the past two years, the City of Lake Elmo approved using Lake Goetschel as a storm water overflow basin for the GWSA Land Development LLC and Robert Engstrom Companies developments located in the watershed immediately to the west of the Fields of Saint Croix. The impact of storm water flowing into Lake Goetschel from these new developments is yet to be determined and is of concern since the lake's outlet exceeds the 100 year flood elevation. As a result, Lake Goetschel is more vulnerable to development both within and outside its current watershed. Fortunately, Lake Goetschel's shoreline and immediate watershed area are protected by the Minnesota Land Trust. Ownership of the lake's shoreline is shared by FoSC, Tana Ridge Community Association and Robert Engstrom Companies. Presently, there are no plans for development on its shoreline. However, recent experience demonstrates that developers can obtain approval for developments in areas that were previously off limits. Therefore, please retain Lake Goetschel as one of the water bodies covered by the City of Lake Elmo Shoreline Ordinance, Respectfully, John Hodler John Hodler, Board president, Fields of St Croix Community Assoc. (c) 651 343 4638 johnhodler®Qmaircom -11 IF: (AT LAKE ELMO TO: FROM: AGENDA ITEM: REVIEWED BY: BACKGROUND: STAFF REPORT DATE: 2/7/2017 REGULAR ITEM #: 13 MOTION City Council Stephen Wensman, Planning Director Inwood 4'1' Addition Developers Agreement Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Cathy Bendel, Finance Director On October 18, 2016, the City Council adopted Resolution 2016-090 approving the Final Plat and Final PUD for InWood 4th Addition. At that time, the City Staff was updating its Developer Agreement Master Template and, therefore, did not bring forward the Developer Agreement for the Inwood 4th development. The attached Developer Agreement was prepared with the new template. An executed Developers Agreement is a condition of final plat approval and is required prior to recording the final plat with Washington County. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2017-014 approving the Developer Agreement for Inwood 4th Addition. MASTER DEVELOPER AGREEEMENT CHANGES:, Over the past several months, City Staff has continued to tinker with the City's Developer Agreement Master Template to make it easier to read and to better communicate the Agreement requirements. Key changes to the document are as follows: Section 3 — Right to Proceed. This section was rewritten using the Kennedy -Graven Development Agreement template to improve and identify a comprehensive list a conditions that need to be satisfied in order for the project to proceed. Section 7 — Development Plans. This section has been amended to reference the Resolution of final plat approval and references a new exhibit that lists all the specific construction plan documents by name and revision date. The use of the exhibit will help staff to make the development agreement preparation more efficient. Section 8 — improvements. Streets and Sidewalks have been lumped together with trails as a separate item as it pertains to security release. After much discussion among Staff, it was City Council —StaffReport Meeting dote: 2/7/2017 Page 2 Regular Item #13 determined the sidewalks should be part of the street improvements. This section was also rewritten. Section 9 — City Administration and Construction Observation. This section has minor clarifications including adding reference to compliance with Plans, City approvals, City Code, and the City's Engineering Design and Construction Standards Manual. Section 12 - (Street) Maintenance During Construction. This section was updated to address the City's updated policy and requirements for accepting snow plowing responsibility in developments and that the developer is responsible to locate all underground utilities until the development is accepted in writing by the City. Section _ - Permits. This section was eliminated as a stand-alone section. The requirement for specific permits are articulated in Section 3 — Right to Proceed. Section 16 — Erosion Control. This section has been rewritten to better communicate and clarify the requirements. Section 17 - Site Grading. Formerly called Grading Plan, This section has been rewritten to better communicate and clarify the requirements. Section 18 — Street and Utility Improvements. This section was updated to include turn lane and intersection improvements and to clarify the timing and placement of the bituminous wear course. Section 19 — Landscaping and Tree Replacement Improvements. This section articulates the installation, maintenance, warranty period for landscaping and other landscaping requirements including the City's Bee Safe Policy. Section 20 — Signage, Street Lighting and other Utilities. This section was updated to include street and traffic control signage, street lighting requirements and small utility requirements in the agreement. Section 26 - Building Permits/Certificates of Occupancy. This section was rewritten to better communicate the requirements for issuing building permits including articulating the preapproved phasing of the plat. Section 33 — Warranty. This section was rewritten to better communicate the requirements. No substantive changes have been made. Section 34- Summary of Security Requirements. This section has been rewritten and the summary of the security has been moved to an exhibit at the end of the agreement. The use of the exhibit will help staff to make the development agreement preparation more efficient. Section 35 — Reduction of Security. This section has two changes. The streets and sidewalks are combined in the same category for security reduction. In past revisions, sidewalks and trails were City Council —Staff Report Meeting date: 2/7/2017 Page 2 Regular Item #13 together. The other change was the separation of landscaping from other security releases due to the longer warranty period and the fact that it's often an improvement that holds up the release of larger security reductions. REVIEW/ANALYSIS: A condition of approval of the Inwood 4th 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 with a new revised master template (previously described) and attached for consideration by the City Council. The key aspects of the agreement include the following components: • That all public improvements to be completed by October 31, 2017,with the exception of the final wear course of asphalt on streets. • That the developer provide a letter of credit in the amount of $905,116 related to the cost of the proposed improvements. • That the developer provide a cash deposit of $279,466 for SAC and WAC charges, engineering administration, one year of street light operating costs and other City fees. • There are S14,800 in direct payments to the developer for oversizing of waterinain in the project. The construction plans for the project have been approved, including the landscaping. Upon execution of this Agreement, receipt of all fees and securities, recording of the final plat and the completion of a Preconstruction meeting with the City, construction can 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, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 38 lot residential subdivision. Park land dedication was collected with the first phase of the development. OPTIONS: The City Council is being asked to consider the approval of the Developer's Agreement and has the following options: 1) Adopt Resolution 2017-014 approving the Developer Agreement for Inwood 4th Addition; or City Council —Staff Report Meeting date: 2/7/2017 Page 2 Regular Item #13 2) Direct Staff to amend the draft Developer Agreement to bring back to the 2/21/2017 City Council meeting. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2017-014 approving the Developer's Agreement for Inwood 4'1Addition Planned Unit Development with the following motion: "Move to adopt Resolution 2017-014 approving the developer's. agreement for Inwood 4'11 Addition Planned Unit Development" ATTACEIMEN: • Resolution 2017-014 • Inwood 4111 Addition Developer's Agreement CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-015 A RESOLUTION APPROVING THE DEVELOPER AGREEMENT FOR HAMMES ESTATES 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, Rachel Development Inc., 4125 Napier Ct NE, St. Michael, Minnesota 55376 has previously submitted an application to the City of Lake Ehno ("City") for a Final P for Hammes Estates 2"d Addition; and WHEREAS, the Lake Elmo City Council reviewed the Hammes Estates Sketch Plan on July 2, 2013; and WHEREAS, the Lake Elmo City Council approved the Hammes Estates Preliminary Plat on 07/01/2014; and WHEREAS, the Hammes Estates Preliminary Plat was updated on September 19, 2016 prior to the Final Plat of the Hammes Estates 1" Addition complying with conditions of preliminary plat approval; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2017-003 on January 3, 2017 approving the Final Plat for Hammes Estates 2"d Addition; and WHEREAS, a condition of approval of said Resolution 2017-003, establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Developer's Agreement with the City; and WHEREAS, the Applicant and the City have agreed to enter into such a contract and a copy of the Developer's Agreement was submitted to the City Council for consideration at its February 07, 2017 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer's Agreement for Hammes Estates 2" Addition and authorizes the Mayor and City C]erk to execute the document. Passed and duly adopted this 7th day of February, 2017 by the City Council of the City of Lake Elmo, Minnesota. Resolution 2017--- Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2017--- (resenvclibr recording iybonariwo DEVELOP ENT AGREE ENT (Public sewer and water) Hammes Estates 2nd Addition THIS DEVELOPMENT AGREEMENT is dated , 2017, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the "City"), and Rachel Development Inc. (the "Developer"). REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Hammes Estates 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 condition that the Developer enter into this Agreement, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer 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 Developer has executed and recorded with Washington County all drainage and utility easements required for the Subdivision bythe City Engineer and Public Works Director in the City's standard form; b) the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement inthe C)ty'ustandard form; c) this Agreement has been executed bythe Developer and the City; d\ the required Letters of Credit (as hereinafter defined) have been received by the City from ornnbehalf ofthe Developer; e\ final Construction plans and specifications have been submitted by the Developer and approved bythe City Engineer; f\ the Developer has paid the City for all |ego|, engineering and administrative expenses incurred by the City regarding the City approvals and has given the City the additional construction inspection escrow required by this Agreement; g\ the Developer has paid any outstanding aaseanrnnntn and taxes for the property or property being deeded tothe City; h\ the Developer has fulfilled any park dedication requirements as specified under this Agreement; i) the Developer has received all necessary permits from the MPCA. K8OH. [>NFi, applicable watershed, Washington County, and any other agency having jurisdiction over the Subdivision; '\ the Developer has provided the City with a certificate of insurance naquinaU by this 2 Agreement; k> the Developer orthe Developer's engineer and the Developer's contractor(s) have initiated and attended a proconntrucfion meeting with the City Engineer, and City U the final plat has been recorded with Washington County; and nn\ the City has issued a written notice that all above conditions have been satisfied and that the Developer may proceed, 4. PHASED DEVELOPMENT. If the plat in n phase of multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases of the Unvm|oprnen( if the Developer is 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 Qh/. Pork dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on nuUots that are designated in the plat for future subdivision into lots and b|ocks, 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 plat is a phase of e multi -phased preliminary p|at, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, on or before December 31, 2019. G. CHANGES IN OFFICIAL CONTROLS. For two (2) yearn from the dote of this AQreennent, 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 |avv or agreed to in writing by the City and the Developer. 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 tothe City'nConnprehwnsive Plan, official nontroko, platting or dedication requirements enacted after the doba of this Agreement. 7. DEVELOPMENT PLANS. The Developer agrees 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. 2017-003. and to construct all improvements in goon/donco with the approved construction plans and specifications (coUeodve|y, the "Plans") prepared by professional engineer registered in the State ofMinnesota atits 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 onfile with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City, B. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the "Subdivision Improvements"): A. Grading and erosion control; B. Sanitary sewer; C� Water system improvements; D. Storrnvvoterimprovements (storm sewer pipe, control structures, ponds. BMPa. etc) E� Streets and sidewalks; F. Trails; G. Underground private utilities; H. Landscaping; |. Street lighting and aignage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); 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 4 the Cit/n Landscape and Irrigation Standards. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved P|ona. the City approvals, the City Code. the Qty'a Engineering Design and Construction Standards Manual, and the City's Landscape and Irrigation Standards as a condition ofCity acceptance. In addition, the City may, at the Cih/'o discretion and at the Developer's expcnae, have one or more City inspectors or soil engineer inspect the Developers work on o full or part-time basis. The Developer's engineer shall provide foron'Site project nnmnngennmnL The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City's approval of the final plat for the Subdivision, the Developer shall submit to the City on amount to be escrowed by the City for City administration and construction observation costs in an amount provided under paragraph 36 of this Agreement - Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an }nvoice, for all administration and construction observation costs incurred by the City during the construction of the Subdivision Improvements by the City's engineering, public vvorka, planning, and landscape architecture staff and consultants. After 50 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 observotion, consultation with the Developer and the Developer's professionals on status or problems regarding the project, coordination for tesdng, final inspection and acceptance, project nnonitoringduring\hevvarrantyporiod.andpronaosingof requests for reduction inthe Security. Construction observation shall include, atthe discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will bebilled bythe City onanhourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer -required management of the construction of the Subdivision Improvements. The Developer must require the Developer's contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer -installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, theCity'a Engineering Design and Construction Standards Manual, and the Cih/'o Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City requires for inspection purposes. Such inspection is pursuant to the Cih/'m governmental outhority, and no agency or joint venture relationship between the City and the Developer is thereby created. 10. COyNl[RAC7[OpXS/SkJBCO|NTRACTORS. City Council nnennbmrs. City employees, and City Planning Commission members, and oorporaUona, pmrtnernhips, and other entities in which such individuals have greater than a twenty-five (25) percent ownership interest or in which they are on officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified inParagraph 0above. 11. l[I00E OF PERFORMANCE. The Developer shall install all required Subdivision Improvements by November 30, 2017, with the exception of the final wear course of asphalt on streets. The Developer 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 in completed, including the final wear course. The Developer may, however, request onextension pftime from the City. |fnnextension isgranted, itshall be conditioned upon updating the Security posted by the Developer to roOcc1 cost increases and amending this Agreement to reflect the extended completion dote. Final wear course placement outside of this time frame must have the written 6 approval of the City Engineer. 12' MAINTENANCE DURING CONSTRUCTION. The Developer shall boresponsible 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 developer is also responsible to locate all underground utilities until the development is accepted in writing by the City. Warning signs shall be placed by the Developer 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 Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain o smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and vv/th0u\ the Subdivision clean and clear of dirt and debris that may spi||, traok, or wash onto the street from the Developer's operations. The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. Ada nnininnunn, scraping and sweeping shall take place on a weekly basis. Prior to the Oty's acceptance of the streets the City may agree, at the City'o sole disoretinn, 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 Developer must request in writing the streets in question to be plowed by the Cih/, with such request received prior to October 1st of each winter naenon that plowing is requested, 2) The streets must be occupied by residences of the City. 3) For streets that do not have the bituminous wear course p|aced, the developer must install paved wedges along all curb lines and catch basins. 4)Gate valves and manholes must balevel with the pavement surface. 5)Street curves, center medians, and other protrusions in the right-of-ways must be delineated with '`High-vio" fiberglass stakes. 5)Asite review must bescheduled and conducted with Public Works, and 7 attended by the deve|oper, to accept the streets for plowing prior to the commitment of plowing by the City, 7\ The City shall not be responsible for any damage caused by snow plowing operations to the stneeta, curb and gutter, nnenho|ee, catch basins orother infrastructure. D}The [)eve|opo, shall enter into an agreement with the City for plowing the streets. 13. LICENSE. The Developer hereby grants the Cih/, its eOentn, ennp|oyeen, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate bythe City inconjunction vviththedmve|opnnentufthePropertyondthiaAoreennont. 14' CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility onnShuctinn, and street construction is restricted to access the Subdivision via Keats Avenum, June Avenue North. and Juniper Avenue North and 8mStreet North. No construction traffic ispermitted Vnother adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in o sequence which will allow progress and compliance points to be measured and evaluated. The Developer and the Developer's 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 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 pracbces, and other requirements including the City'n 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 beimplemented hythe Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may 8 impose additional erosion control requirements at any stage in development an deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer 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 (7) days. The parties recognize that time ioofthe essence incontrolling erosion. If the Developer does not onnnp|y with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate tocontrol erosion. The City will endeavor t0notify the Developer inadvance ofany proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. |fthe Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the Security to pay any costs. No deve|opnnent, utility o,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 Developer assumes all responsibility for erosion control compliance throughout the Subdivision and the City may take such action as allowed by this Agreement against the Developer for any noncompliant issue as obahsd above. Erosion control plans for individual |n(o will be required in accordance with the Qh/'a building permit n*quironnents, ores required by the City nrCity Engineer. 17' SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for deve|opment, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 90 days after completion of the grading, the Developer shall provide the City with an "as built" grading plan and a certification bye registered land surveyor orengineer an required in the Cih/'e Engineering Design and Construction Standards Manual. 9 1E. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watenmain. and st'eets, including turn lane and intersection innprovonnnnta, aheU be installed in accordance with the approved Plans, the City approvals, the City Code, and the City'o Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the bituminous stroetn, sidnvva|ks, boulevards graded, street signs ins\aUed, and all restoration work onthe site ohoU be completed in accordance with the approved Plans. Once the work is completed, the Developer or the Developer's representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule o vvo|k' through to create a punch list of outstanding items to be completed. Upon receipt nfthe written punch list provided by the Ckv, the punch list items must be completed by the Developer and the City notified to na' inspect the improvements. The final bituminous wear course shall be installed by the Developer after the first bituminous course has weathered e winter season, Prior to placement of the final bituminous wear course, the Developer aho|| repair or replace all broken or failing curbs, sidewalks and damaged or settled streets as determined by the City from e pre -wear course walk through inspection. 19' LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the Cih/'n Engineering Design and Construction Standards Manua|, and the Cih/'s Landscape and Irrigation Standards. All landscaping materials such as trees, nhrubo, gnasaes, orother vegetation installed by the Developer must be vvarnant\od and maintained for a period of two (2) years. The two (2) year warranty period shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance bythe City. The Developer agrees tohave the installer ofthe landscaping complete an inspection thirty (30) days prior to the end of the two (2) year warranty period and provide the City with a written report identifying the 10 condition ofall landscaping. |nthe event any landscaping installed bvthe Developer is deemed to be in poor condition or dead. the Developer is to replace the landscaping with like kind materials orasotherwise approved bythe City. B. The Developer 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 Developer agrees ho achieve "substantial performance" on all seeded or sodded |evvns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this agreement "substantial perfnrnnance" shall be defined for areas seeded or sodded with a turf or |nvvn mix as "square foot turf areas with an average blade height of three (3) 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 (8) inches free of eroded, bane' or dead spots and no visible surface soil." C TheDeve|opernhaUfuUovvthoCityVfLmkoBlozo^^Bct8a|e^yo|iry{o,yexdcidcuoc amper City Council RESOLUTION NO. 2Ol5 13. 20. S|KSNAKSE' STREET LIGHTING AND OTHER UTILITIES. The Developer agrees 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 Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in onoonjanoe with the approved plans and right-of-vvaypermits. 11 21. OWNERSHIP OF IMPROVEMENTS. Upon completion nfthe work and construction required bvthis Agreement, the Subdivision Improvements lying within public easements nheU become City property. Prior to acceptance of the public Subdivision Improvements by the Qty. the Developer must furnish the City with a complete set of reproducible "record" plans and an electronic file of the "record" plans in accordance with the Cib/o Engineering Design and Construction Standards Manual together with the following affidavits. Developer/Developer Engineer's Certificate Land Surveyor's Certificate certifying that all construction has been completed in accordance with the terms of this Agreement. All necessary forms will befurnished bythe City. Upon receipt of"record p|ono^and affidovits, and upon review and verification by the City Engineer that the public Subdivision |rnpnovennenby have been completed in accordance with the hernno of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer has previously satisfied park dedication requirements for all the areas to be platted within the Hammes Estates Preliminary Plat as port of the Hammes Estates 15t. Addition Development Contract. No fees in lieu of land dedication are required for the plat. 23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment ofall sewer availability charges (SAC) and all water availability charges (VVAC) with respect to the Subdivision Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of$3.00O.00 per FlEC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $111.000.00. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by 12 the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer in$111.00O,OO. In addition, a sewer connection charge in the amount of $1.000.00 per REC. o Metropolitan Council sewer availability charge in the amount nf$2.485.00 perREC. and a water connection charge in the amount nf$1.000.00 per F7EC will be payable by the Developer and collected bythe City atthe time the building permit isissued for each lot. 24. STREET LIGHTS. The Developer is responsible for the cost of street light installation consistent with o street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Security for street light installation consistent with the approved plan. The required Security in $18.000 and consist of three (3) decorative lights at $OOOU each. The Developer shall also pay the City $387toreimburse the City for the first year operating costs for the street lights. 25. WETLAND MUl[XGAJFIO[Q. The Developer shall complete wetland nniUgaUon/reatoration 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 Vnouoc8S3fu|, the City may draw down the Security atany time during the warranty period tnperform the work if the Developer fails to take corrective measures after being provided reasonable notice by the Qty. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permit shall be issued for any lot within the Subdk/ision, or within a completed phase ofthe Subdivision }na Citvpreappooved phasing p|en, until such time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has been installed and tested for all public streets; sidewalks have been installed; street and traffic control signs are installed; property monuments have been installed and 13 grading as -built plans have been submitted and approved by the City. A ^pneapproved phasing plan" isdefined aso phased construction plan that has been submitted by the Developer and approved by the City in advance of the pnaconotruction 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 single building permit for e "nnndn| honnc" may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements described in paragraph 26 /Aj obnvo' if there is safe public access to the lot that in 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 20 (A) above have been completed. The Developer shall use the model home only for real estate sales purposes and no other purposes. C. Prior to issuance of building permits, wetland buffer monuments shall be p|000d in accordance with the City's zoning ordinance. The monument design shall be approved bythe Planning Department. U. Breach of the terms of this Agreement by the Deve|oper, including nonpayment of billings from the [ity, uho|| be grounds for denial of building pernnits, 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 |nxpnovernen<n by the Oh/. the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public 14 Subdivision Improvements caused by the City. Developer, the Developer's contnactmrs, suhcVntrmctons, nnatehe|rnen, nmo|Oyeeo, agentn, orany 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 bythe City Engineer. 27' RESPONSIBILITY FOR COSTS. A. |nthe event that the City receives claims from labor, nneteha|nnen.orothers that work required by this Agreement has been performed and the amounts due to them have not been paid' and the |aborers, nnaterio|nnen, or others are seeking payment from the City. the Developer hereby authorizes the City to commence an |nterp|eadnr 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 Developer ahoU ma|maoe, dionhnrgo, and dinnnia3 the City from any further proceedings as it pertains tothe letter ofcredit deposited with the District Court, except that the Court oho|| retain jurisdiction to determine attorneys' fees pursuant to this Agreement. B. Except as otherwise specified herein. the Developer shall pay all costs incurred by it or the City in conjunction with the development of the SubUiviai0n, including but not limited to |egn|, p|anning, nngineering, and inspection expenses incurred in connection with the Cih/'sapproval and acceptance ofthe plat and the Subdivision, the preparation of this Agreement, the City's naviovv of construction plans and douunnenta, and all costs and expenses incurred by the City in monitoring and inspecting development nfthe Subdivision. All amounts incurred and due tothe City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording, 15 C. The Developer 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 Cih/'sapproval ofthe plat and the development nfthe Subdivision. The Developer shall indemnify the City and its ofOcin|a, emp|oyeeo, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including aMorneys'haen. [), The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and aftorneyo'feeo. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation nfthe Developer and shall continue infull force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. F. The Developer nhe|| pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (50) days after receipt. Bills not paid within thirty (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 bythe City and its consultants. 28. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. |nop|mnnenkatinn of the recommendations |iubod in the November 17, 2015. Engineering memorandum. B. The Developer must obtain o sign permit from the City Building Official prior to installation 0yany subdivision identification signs. C. The Developer shall enter into a Landscape License Agreement with the City that clarifies the individuals or entities responsible for maintenance of any landscaping 16 installed in areas outside of land dedicated as public park and open space on the hno| plat. O. The applicant shall abide by all conditions of the MN ONR Public Waters Work Pennit#2O15-0193. 29 MISCELLANEOUS. A. The Developer may not assign thhsAonaennontvvkhoutthevvrktenpennissinnofthe City Council. The Developer's obligations hereunder shall continue infull force and effect even if the Developer sells one ormore lots, the entire Property, orany portion Of it. B� Retaining walls that require o building permit shall be constructed inaccordance with plans and specifications prepared by professional engineer licensed by the State of Minnesota. Following conntruction, a certification signed by the design engineer ahoU be filed with the City Engineer evidencing that the retaining vvaU was constructed inaccordance with the approved Plans. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for o lot on which a retaining wall in required to be built, C. Legal documents regarding homeowner association doounnontn, cnvenants, and restrictions shall besubmitted h)the City prior torecording 0fthe final plat for review and approval bythe City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public Subdivision Improvements, public liability and property damage insurance covering personal injury, including Ueeth, and claims for property damage which may arise out ofDeveloper's work or the work of its subcontractors or by one directly or indirectly employed by any of 17 them. Limits for bodily injury anddeedhohaUbenot|eanthan$50O.O0Ofo/onepensonand $1.5OO.00Ofor 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 ShoU be named as an additional insured on the po|icy, and the Developer shall file with the City acertificate ofinsurance evidencing coverage prior tothe City signing the plat. The certificate shall provide that the City must begiven thirty (30) days' advance written notice of the cancellation of the insurance. E. Third parties shall have nnrecourse against the City under this Agreement. F. If any porti0n, sechon, subsection, mentenoe, clause, pmnagroph, or phrase of this Agreement isfor any reason held inva|id, 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. The City'afailure tn promptly take legal action to enforce this Agreement shall not be awaiver orrelease. H. This Agreement nhm|| run with the |onU and may be recorded against the title to the Property at the Developer's expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents tnthis Agreement, inthe form attached hcreto, from all parties who have an interest in the Property, inc|uding, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach ofthe foregoing covenants. |. Each right. power or remedy herein conferred upon the City \scumulative and in 18 addition to every other right, power or ren1edv, express or implied, now urhereafter 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 totime osoften and insuch order aomay bedeemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power orremedy. J The Developer represents to the City that the Subdivision and the Subdivision |rnpnovennanto comply or will comply with all City. County, nnetropo|iton, otate, and federal laws and nyQu|adons, including but not limited to: subdivision onjinances, zoning ordinenoea, and environmental regulations. If the City determines that the Subdivision is not in cunnp|ignCe. the City may, at its nption, refuse to allow construction or development work in the Subdivision until it is brought into compliance. Upon the Cih/'s demand. the Developer shall cease work until there in compliance. 30. EVENTS OF DEFAULT. The following shall be ''Events of Default" under this Agreement and the term "Event nfDefault" shall nneaD, whenever itio used inthis Agreement, any one ormore ofthe following events: A. Subject to unavoidable delays, failure by the Developer to commence and complete construction of the public Subdivision Improvements pursuant to the terms, conditions and limitations nfthis Agreement, B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation oragreement onits part tobeobserved orperformed under this Agreement. 31' REMEDIES ON DEFAULT. Whenever any Event ofDefault occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Aoneennent, or otherwise by 19 written, executed instrument nfthe City, may take any one ormore ofthe following: A. The City may suspend its performance under the Aonaennert until it receives assurances from the [Jeve|opar, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits inc|uding, but not limited to, building permits. B. The City may initiate such action, including legal or administrative 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 Developer, or immediately draw onthe Security, osset forth inthis Agreement. 32. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Oevo|oper, by action for specific performance or damages, or bnth, or by any other legally authorized means. In the event of default by the Developer 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 work and the Developer 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 on 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 torecover the costs thereof. For this purpose, the Developer, for itself and its successors and asaigne, expressly waives any and all procedural and substantive objections tothe special oosesnrnenta, inn|uding, but not limited to, hearing requironoents, and any claim that the assessments exceed the benefit tothe land ooassessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.O81. 20 The Developer also acknowledges that its failure to perform any or all of the Developer's obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may onnnnnenoo legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may indude, but are not limited to. the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 33' WARRANTY. During the warranty period' the Developer warrants 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 Developer agrees to repair or replace any Subdivision |rnprovenncnt, or any portion or element thureof, which shows signs of failure, nnrnno| wear and tea, excepted. If the Developer fails 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 Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount ofthe Security, Such reimbursement must bemade within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees topermit the City tospecially assess any unreinnbursed costs against any lots in the Subdivision which have not been sold to home buyers if the Developer fails tomake required payments tothe City, The Developer, oDbehalf ofitself and its successors and asniBns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chaptmr429. A. The required warranty period for all work relating to the public sewer and water shall be two (2) years from the dote of final written City acceptance of the work. B. The required warranty period for all work relating to street construction. including 21 concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance of the work. C� The required warranty period for sod, trees, and landscaping iatwo (2) years from the date offinal written City acceptance ofthe installation. 34. SUMMARY OF SECURITY REQUIREMENTS, To guarantee compliance with the terms of this Agreenn9nt, payment of special assessments, payment of the costs of all public Subdivision |nnprnvennents, and construction of all public Subdivision Improvements, the Developer shall furnish the City with on irrevocable letter of credit or a cash escrow or o combination of a cash escrow and letter of credit (the "Security") in the amount of $890,788. The bank originating the letter nfcredit shall bedetermined bythe City tobesolvent and creditworthy. The letter ofcredit shall substantially be inthe 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 Cih/'s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of credit from another bank nnooUnQ the Qty's requirements. If the Developer fails to provide the City within 45 days with a substitute letter ofcredit from an issuing bank satisfactory tothe City. the City may draw under the existing letter ofcredit. This breakdown in for historical reference; it is not o restriction on the use of the Security. The City may draw down the 8eourity, without notine, for any violation of the terms of this Agreement orifthe Security inallowed tn lapse prior iothe end of the required term. |fthe raquired public Subdivision Improvements are not completed at least thirty (30) days prior to the expiration ofthe Security, the City may also draw itdown. If the Security isdrawn down, the proceeds shall be used by the City to cure the default. 35. REDUCTION OF SECURITY. Upon written request bythe Developer and upon receipt 22 of proof satisfactory to the City Engineer that work has been cnnnolebaU 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 opmratonn, including temporary site restoration. The Developer must submit an as -built grading survey to the City that at o nnininnurn 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 nfthe as -built survey bythe City, one hundred (1OO) percent, or$O.ofthe Security associated with grading may be released. This Security reduction does not include amounts related tVerosion and sedimentation control. B. Up to 75 percent of the Security associated with the itemization on Exhibit C may be na|eonmd upon completion of the h}U0vving key milestones of the project as determined by the City Engineer: 1. Construction Categories and 3: The amount of$215.O93 may be released when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as -built inverts have been verified, and the utilities are considered ready for use by the City Engineer. 2, Construction Categories 4 and 5: The amount of$351.7SO may be na|eoned when all siroets, oidmvvm|ko, and siurnn sewer have been installed and tosted, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list ihenno and including verification of storm sewer as -built invertn, but not including the hnm| wear course. 3 Construction Categories 8'10 and 14-17: The amount of $50.984 may be 23 released when all remaining Oevo|oVe/n oh|iQoUnnm under this Agreement have been completed including: U\bituminous wear course; (2)street lighting and private utilities; (3)hai|G; (4) bio retention fOdhthrO; /5> iron monuments for lot corners have been installed; (3)all financial obligations hothcChxoahofied; (4) the required "record" plans in the form of the City standards have been nanek/ed and approved by the Okv; and (5) the public Subdivision Improvements are accepted bythe City Engineer and the City Council. 4. Construction Categories 11. 12 and 13: The amount of $50.239 may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City Landscape Architect including all corrective work for any identified punch list items. C. Twenty-five (25) percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: U\ all Subdivision Improvements have been fully completed and accepted by the Chv, including all corrective work and vvarn;nh/ punch list honnn; (2) all financial obligations 1othe City have been satisfied; and (3)the warranty period has expired. D. Twenty-five percent (25Y6) of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully completed and accepted by the Chv, including all corrective work and warranty punch list items being completed bythe Developer: (2)all financial obligations to the City have been satisfied; and (5)the warranty period has expired. E. In addition to the above project nni|oshzne booed Security reductions, the Developer may submit 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 ofthis Agreement and that all financial obligations tothe City have 24 been satisfied, the City Engineer may approve mone-time reduction inthe Security for Construction Categories 2-5 in an amount not to exceed fifty (50) percent of the initial Security amount. F. |tisthe intent ofthe parties that the City atall times have available toit Security in an amount adequate to ensure completion of all e|onnontn of the Subdivision Improvements and other obligations of the Developer under this Aureennent, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the controry, all requests by the Developer for a reduction or release of the Security shall be evaluated by the City in light of that principle. 36. SUMMARY OF CASH REQUIREMENTS. The following is o summary of the cash requirements under this Agreement which must be paid to the City prior to recording the final plat: Sewer Availability Charge (8AC): $111.000 Water Availability Charge 0AA\C\: $111.000 Park Dedication: $0 Street Light Operating Foe: $387 City Base Map Upgrading: $925 City Engineering Administration EaCn»vv: $50.000 TOTAL CASH REQUIREMENTS: $273,312 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Deve|opor, its ennp|nyoos or agents, or mailed to the Developer bvcertified rnui| at the following address, 4125 Naoier Ct NE, St. Michael. Minnesota 55376: Attn: David Stnmdtnnan. Notices tothe City shall be in writing and shall beeither hand delivered tothe City Adnninintna0mr, or mailed to the City by certified nnoi| in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 38. EVIDENCE OFTITLE, Developer shall furnish the City with evidence offee ownership of the property being platted by way of an attnrney's title insurance policy dated not earlier than 25 thirty (3O) days prior tothe execution nfthe plat. 39. COMPLIANCE WITH LAWS, The Developer agrees to comply with all |ows, on1inonoss, regu|atiVnn, and directives of the state of Minnesota and the Qh/ applicable to the Subdivision. This Agreement shall Ueconstrued according tothe laws ofthe Minnesota. 40' SEVERABYLITY, In the event that any provision ofthis Agreement shall beheld invalid, illegal, orunenforceable byany court ofcompetent jurisdiction, such holding shall pertain only tV such noobun and shall not invalidate or render unenforceable any other provision of this Agreement. 41. NON -WAIVER. Each right, power, nrremedy conferred upon the City bythis Agreement is cumulative and in addition to every other right, power orremedy, 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 hght, power, and remedy herein set forth or otherwise no 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, povver, 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 oho|| not waive any other prior or subsequent default. 42. COUNTERPARTS. This Agreement may beexecuted simultaneously inany number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 26 CITY OF LAKE ELMO By: STATE OFK4|NNESOTA > )es. COUNTY OF WASHINGTON Mike Pearson, Mayor Julie Johnson, City Clerk The foregoing instrument was acknowledged before me this day of , 2017. by Mike Pearson and Julie Johnson, the Mayor and City C|erk, respectively, of the City of Lake Elmo, a Minnesota municipal uorponadon, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 27 STATE OFM|NNE8OTA COUNTY OF The foregoing instrument was acknowledged before me this . day of 2017, by I the NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 5OUQLaverne Avenue North Lake Elmo, MN 55042 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 STATE OF MINNESOTA COUNTY OF day of , 2017. ) ss. The foregoing instrument was acknowledged before me this day of , 2017. DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 29 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 STATE OF MINNESOTA COUNTY OF day of , 2017. ) ss. The foregoing instrument was acknowledged before me this day of 2017, by DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 30 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 , 2017. STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2017, by DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 31 EXHIBIT A TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Outlot E, Hammes Estates 1st. Addition according to the recorded plat thereof, Washington County, Minnesota. A-1 EXHIBIT B TO DEVELOPMENT CONTRACT List of Plan Documents The following documents prepared by Westwood Professional Services, collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE Cover 01/23/2017 1 Overall 01/23/2017 2 3&4 Sanitary Sewer and Water 01/23/2017 Main Construction Storm Sewer and Street 01/23/2017 5-7 Construction Plan Details 01/23/2017 8-10 Final Landscape Plan 12/29/16 L1-L2 B-1 EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements Cost/Securitv Amount Estimate CONSTRUCTION "CATEGORY COST 125% 1 Grading $0 $O 2 SanharvSewmr $121'909 $152.380 4 Storm Sewer (includes $139.803 $174.754 oondstructures and muUfa8nipox 5 Streets and Sidewalks $_235.446 $294.308 7 Surface Water Facilities $Q $0 /ponot, infiltration basins, other8/NFt) B StreatL|qhtinq $18.000 $22.500 10 Private Utilities (elexkicitv natural Qas. telenhone. and $U 11 Landcnacinn $53.588 $66.985 Improvements 12 Tree Preservation and $O Restoration 13 Wetland K8idqationand $O Buffers 14 Monuments 15 Erosion and Sedimentation Control $3,700 $1O'873 16 Miscellaneous Facilities $0 17 Developer's Record $5.000 $8.250 Orawinna TOTALS $712'630 $890.788 FORM OFIRREVOCABLE LETTEROF CREDIT. No. TO: City of Lake Elmo Dear Sir orMadam: Wehereby issue, for the account of (Name cdDevelooer) and inyour favor, our Irrevocable Letter ofCredit inthe amount of$ available k)you byyour draft drawn onsight oothe undersigned bank, The draft muaU a) Bear the clause, "Drawn under Letter ofCredit No. of(Name of8enk)^ .dated .20 . b) Besigned bythe Mayor orCity Administrator ofthe City ofLake Elmo. c) Bepresented for payment sd (Address ofBank) . on or before 4:00 p.m. on November 3O.2O This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior tothe next annual renewal do0a (which nheU be Novembar3O 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 HaU, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator ptleast thirty (30) days prior 1othe renewal date. This Letter ofCredit sets forth in full our understanding which shall not in any way be modified, emanded, amp|ified, or limited by reference to any document, instrument, or agreement, whether ornot referred to This Letter ofCredit imnot assignable. This iunot aNotation Letter ofCredit. More than one draw may be made under this Letter ofCredit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber ofCommerce Publication No. 500� We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Its T II F. CITY ( )1: LAKE ELMO STAFF REPORT DATE: 2/7/2017 REGULAR ITEM #: 14 MOTION TO: City Council FROM: Stephen Wensman, Planning Director AGENDA ITEM: Hammes Estates 2nd Addition Developers Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Cathy Bendel, Finance Director BACKGROUND: On January 3rd, 2017, the City Council adopted Resolution 2017-0003 approving the Final Plat for Hammes Estates 2"d Addition. At that time, the City Staff was updating its developer agreement master template and, therefore, did not bring forward the developer agreement with the plat. The attached Developer Agreement was prepared with the new template. An executed developer's agreement is a condition of final plat approval and is required prior to recording the final plat with Washington County, ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2017-015 approving the developer agreement for Hammes Estates 2" Addition. MASTER DEVELOPER AGREEEMENT CHANGES: Over the past several months, City Staff has continued to tinker with the City's developer. agreement master template to make it easier to read and to better communicate the agreement requirements. Key changes to the document are as follows: Section 3 — Right to Proceed. This section was rewritten using the Kennedy -Graven Development Agreement template to improve and identify a comprehensive list a conditions that need to be satisfied in order for the project to proceed. Section 7 — Development Plans. This section has been amended to reference the Resolution of final plat approval and references a new exhibit that lists all the specific construction plan documents by name and revision date. The use of the exhibit will help staff to make the development agreement preparation more efficient, Section 8 — Improvements. Streets and Sidewalks have been lumped together with trails as a separate item as it pertains to security release. After much discussion among Staff, it was City Council — StaffReport Meeting date: 2/7/2017 Page 2 Regular Item #14 determined the sidewalks should be part of the street improvements. This section was also rewritten. Section 9 — City Administration and Construction Observation. This section has minor clarifications including adding reference to compliance with Plans, City approvals, City Code, and the City's Engineering Design and Construction Standards Manual. Section 12 - (Street) Maintenance During Construction. This section was updated to address the City's updated policy and requirements for accepting snow plowing responsibility in developments. Section _ - Permits. This section was eliminated as a stand-alone section. The requirement for specific permits are articulated in Section 3 — Right to Proceed. Section 16 — Erosion Control. This section has been rewritten to better communicate and clarify the requirements. Section 17 - Site Grading. Fonnerly called Grading Plan, This section has been rewritten to better communicate and clarify the requirements. Section 18 — Street and Utility Improvements. This section was updated to include turn lane and intersection improvements and to clarify the timing and placement of the bituminous wear course. Section 19 — Landscaping and Tree Replacement Improvements. This section articulates the installation, maintenance, warranty period for landscaping and other landscaping requirements including the City's Bee Safe Policy. Section 20 — Signage, Street Lighting and other Utilities. This section was updated to include street and traffic control signage, street lighting requirements and small utility requirements in the agreement. Section 26 - Building Permits/Certificates of Occupancy. This section was rewritten to better communicate the requirements for issuing building permits including articulating the preapproved phasing of the plat. Section 33 — Warranty. This section was rewritten to better communicate the requirements. No substantive changes have been made. Section 34- Summary of Security Requirements. This section has been rewritten and the summary of the security has been moved to an exhibit at the end of the agreement. The use of the exhibit will help staff to make the development agreement preparation more efficient. Section 35 — Reduction of Security. This section has two changes. The streets and sidewalks are combined in the same category for security reduction. In past revisions, sidewalks and trails were together. The other change was the separation of landscaping from other security releases due to City Council - Staff Report Meeting date: 2/7/2017 Page 2 Regular Item #14 the longer warranty period and the fact that it's often an improvement that holds up the release of larger security reductions. REVIEW/ANALYSIS: A condition of approval of the Hammes Estates 2" 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 with a new revised master template (previously described) and attached for consideration by the City Council. The key aspects of the agreement include the following components: That all public improvements to be completed by November 30, 2017,with the exception of the final wear course of asphalt on streets. The template lists October 31 as the completion date, however the developer has requested an additional month in the event that the weather is mild as it was in 2016. • That the developer provide a letter of credit in the amount of $890,788 related to the cost of the proposed improvements. • That the developer provide a cash deposit of $273,312 for SAC and WAC charges, engineering administration, one year of street light operating costs and other City fees. • There is no oversizing of utilities associated with this development. The construction plans for the project have been approved, including the landscaping. Upon execution of this Agreement, receipt of all fees and securities, recording of the final plat and the completion of a Preconstruction meeting with the City, construction can 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 wan-anty 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, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 37 lot residential subdivision. Park land dedication was collected with the first phase of the development. OPTIONS: The City Council is being asked to consider the approval of the developer's agreement and has the following options: 1) Adopt Resolution 2017-015 approving the developer agreement for Hammes Estates 2" Addition; or City Council — StaffReport Meeting date: 2/7/2017 Page 2 Regular Item #14 2) Direct Staff to amend the draft developer agreement to bring back to the 2/21/2017 City Council meeting. RECONIMENDATION: Staff recommends the City Council adopt Resolution 2017-015 approving he developer's agreement for Hammes Estates 2"(1 Addition Planned Unit Development with the following motion: "Move to adopt Resolution 2017-015 approving the developer's agreement for .Hanunes Estates 2nd Addition" ATTACHMENTS: • Resolution 2017-015 • Inwood 4th Addition Developer's Agreement CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-015 A RESOLUTION APPROVING THE DEVELOPER AGREEMENT FOR HAMMES ESTATES 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, Rachel Development Inc., 4125 Napier Ct NE, St. Michael, Minnesota 55376 has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for Hammes Estates 2"d Addition; and WHEREAS, the Lake Elmo City Council reviewed the Hammes Estates Sketch Plan on July 2, 2013; and WHEREAS, the Lake Elmo City Council approved the Hammes Estates Preliminary Plat on 07/01/2014; and WHEREAS, the Hammes Estates Preliminary Plat was updated on September 19, 2016 prior to the Final Plat of the Hammes Estates 1" Addition complying with conditions of preliminary plat approval; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2017-003 on January 3, 2017 approving the Final Plat for Hammes Estates 2" Addition; and WHEREAS, a condition of approval of said Resolution 2017-003, establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Developer's Agreement with the City; and WHEREAS, the Applicant and the City have agreed to enter into such a contract and a copy of the Developer's Agreement was submitted to the City Council for consideration at its February 07, 2017 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer's Agreement for Hammes Estates 2" Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 7th day of February, 2017 by the City Council of the City of Lake Elmo, 'Minnesota. Resolution 2017--- Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2017--- DEVEL (rescrre(/lb,- recording infiwnian'on) P E T AGREE E T (Public sewer and water) Hammes Estates 2nd Addition THIS DEVELOPMENT AGREEMENT is dated , 2017, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the "City"), and Rachel Development Inc. (the "Developer"). 1 REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Hammes Estates 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 condition that the Developer enter into this Agreement, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer may not grade or otherwise disturb the eehh, remove trees or construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: o) the Developer has executed and recorded with Washington County all drainage and utility easements required for the Subdivision bythe City Engineer and Public Works Director inthe City'nstandard form; b) the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement )nthe City'Sstandard form; c) this Agreement has been executed by the Developer and the City; d\ the required Letters of Credit (as hereinafter defined) have been received by the City from oronbehalf ofthe Developer; e) final construction plans and specifications have been submitted by the Developer and approved bythe City Engineer; f) the Developer has paid the City for all |ego|, engineering and administrative expenses incurred by the City /eQonjinO the City approvals and has given the City the additional construction inspection escrow required by this Agreement; Q) the Developer has paid any outstanding anoeesnnonta and taxes for the property or property being deeded \othe City; h\ the Developer has fulfilled any park dedication requirements as specified under this Agreement; U the Developer has received all necessary permits from the KjPCA. KADH. DNR, applicable watershed, Washington County, and any other agency having jurisdiction over the Subdivision; j\ the Developer has provided the City with a certificate of insurance required by this I Agreement; h) the Developer or the Developer's engineer and the Uowa|nper'o contractor(s) have initiated and attended e pneCnnatnucbon meeting with the City Engineer, and City a«an� . |) the final plat has been recorded with Washington County; and nn) the City has issued awritten notice that all above conditions have been satisfied and that the Developer may proceed. 4' PHASED DEVELOPMENT. If the plat is a phase of multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases of the development if the Developer isnot incompliance with any term ofthis Agreement and the non-compliance has not been reroedi8d. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Perk dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on ouUots that are designated in the plat for future subdivision into lots and b/ooks, 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 plat in a phone of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void un|moo final platted into lots and blocks, not outlots, on or before December 31, 2019. 6' CHANGES IN OFFICIAL CONTROLS. For two (2) years from the dote of this Agnaennent, no amendments to the City'e Comprehensive Plan or official controls nho|| 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 |avv or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything inthis Agreement tothe contrary, tothe full extent permitted hystate law, the City may require compliance with any changes tothe City'sComprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. T. DEVELOPMENT PLANS. The Developer agvsmu to develop the Property in accordance with the City approvals, including the terms and conditions ofapproval ofthe final plat as detailed in City Council Resolution No. 2017'003. and to construct a// improvements in accordance with the approved construction plans and specifications (collectively, the "Plans") prepared by professional engineer registered in the State of Minnesota at its 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 nnfile with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval ofthe City. Q. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make nrinstall atits sole expense the following public and private improvements (uoUenbve/y.the "Subdivision Improvements"): A. Grading and erosion control; B. Sanitary sewer; C. Water system improvements; D. StonnvvatSrinnpnovenlentn (storm sewer pipe, control structures, pondo. BMPs. etc.) E, Streets and sidewalks; F. Trails; G. Underground private utilities; M. Landscaping; i Street lighting and oignoOe; J. Intersection improvements (turn lanes, by-pass |anao, traffic control, etc.); K� Tree preservation and reforestation; L. Wetland mitigation andbufferS; and M. Monuments required byMinnesota 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 4 the Cit/s Landscape and Irrigation Standards. The Developer nheU instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved Plans, the City approvals, the City Code. the City'a 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 Developer's nxpenan, have one or more City inspectors or soil engineer inspect the Developer's work on a full or part-time basis. The Qove|npe/e engineer shall provide for on -site project nnanogennonL The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor, 9' CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION' At the time of the Chy's approval of the final plat for the Subdivision, the Developer nheU submit to the City an amount to be escrowed by the City for City administration and construction observation coats in an amount provided under paragraph 36 of this Agreement - Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each nnnnth, within3O 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 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 obnervaUon, consultation with the Developer and the Developer's professionals on status or problems regarding the project, coordination for testing, final inspection and acceptance, project nnonitoringduringthe*vanantyperiod.andprocessingof requests for reduction inthe Security. Construction observation shall include, atthe discretion of the City, part or full time inspection of proposed public utilities and street construction. Gen/ices will bebilled bythe City nnanhourly basis. 5 The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer -required management of the construction ufthe Subdivision Improvements, The Developer must require the Developer's contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer -installed Subdivision |nlpnovennonto during and after construction for compliance with the Plans, the City approvals, the City Code, theCity'n Engineering Design and Construction Standards Manual, and the Cih/'s Landscape and Irrigation Standards, The Developer will notify the City atsuch times during construction as the City requires for inspection purposes. Such inspection is pursuant tothe City's governmental outhorib/, and no agency or joint venture relationship between the City and the Developer iathereby created. iQ. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission nnembera, and corporations, partnernhips, and other entities in which such individuals have greater than a twenty-five (25) percent ownership 'interest orinwhich they are an officer or director may not act an contractors or subcontractors for the Subdivision Improvements identified in Paragraph 8 above. 11. l[UK8E OF PERFORMANCE. The Developer aho|| install all required Subdivision Improvements by November 30. 2017. with the exception of the fine) wear course ofasphalt on streets. The Developer 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 ounnp|etod. including the final wear course. The Developer may, however, request anextension oftime from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and amending this Agreement to reflect the extended completion dote. Final wear course placement outside of this time frame must have the written 6 approval nfthe City Engineer. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall beresponsible 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 developer is also responsible tnlocate all underground utilities until the development isaccepted in writing by the City. Warning signs shall be placed by the Developer 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 Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that may npi||, trerk, or wash onto the street from the Developer's operations, The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a nninirnunn, scraping and sweeping oho|| take place on a weekly basis. Prior to the City's acceptance of the streets the City may oOree, at the City'e mV|e disvrotinn, to keep the streets open during winter months by p|nvv|ng snow. The City will consider snow plowing streets on a case by case basis and under the following conditions. 1> The Developer must request in writing the streets inquestion to be plowed by the Cih/, with such request received prior to October 1st of each winter season that plowing is requested. 2\ The streets must heoccupied byresidences of the City. 5\For streets that donot have the bituminous wear course p|oced, the developer 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 oun/en, center nnedions, and other protrusions in the right-of-ways must be delineated with ''High'vis^ fiberglass stokes. 8) Asite review must be scheduled and conducted with Public Works, and 7 attended by the developer, toaccept the streets for plowing prior to the commitment of plowing by the City� 7) The City shall not be responsible for any damage caused by snow plowing operations to the stneots, curb and gutter, manholes, catch basins orother infrastructure. D\The Developer shall enter into an agreement with the City for plowing the streets. 13. LICENSE. The Developer hereby grants the City, its egents, ennp|nyeea, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate bythe City inconjunction withthedeve|nprnmntofthePropmrtyandthisAoreernenL 14' CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility conatruction, and street construction is restricted to access the Subdivision via Keats Avenue, June Avenue North, and Juniper Avenue North and Om Otpeo1 North. No construction traffic is permitted on other adjacent local streets. 15' CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress and compliance points to be measured and evaluated, The Developer and the Developer's 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 the inspection at each of the measurable points defined in the following paragraphs. 16' EROSION CONTROL. All construction regarding the Subdivision Improvements aho|| 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 prochcmu, and other requirements including the City's permit with the Minnesota Pollution Control Agency for the municipal separate storm sewer system program. Prior toinitiating any work onthe site, enerosion control plan must boimplemented bythe Developer and inspected and approved bythe 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 connp|iord site. All areas disturbed for site improvements must be reseeded by the Developer 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 (7) days. The par -ties recognize that time i3ofthe essence incontrolling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed ontion, but failure of the City to do no will not affect the Developer's and City's rights or obligations hereunder. |fthe Developer does not reimburse the City for any cost the City incurred for such work within ton (10) days, the City may draw down the Security to pay any costs. No devo|opnnent, utility nrstreet 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 Developer assumes all responsibility for erosion control compliance throughout the Subdivision and the City may take such action an e||ovvod by this Agreement against the Developer for any noncompliant issue on stated above, Erosion control plans for individual lots will be required in accordance with the City's building permit requirennents, or as required by the City orCity Engineer. 17' SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for deve|opnnent, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 30 days after oonnp|eUmn of the grading, the Developer shall provide the City with an ''as built" grading plan and a certification by o registered land surveyor orengineer as required in the City'a Engineering Design and Construction Standards Manual. 9 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, vvatennain. and stnoeto, including turn lane and intersection improvements, shall be installed inaccordance with the approved Plans, the City approvals, the City Code, and the Cih/'s Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the bituminous stpewts, sidewalks, boulevards Oraded, street signs )nsbaUed, and all restoration work on the site shall be completed in accordance with the approved Plans, Once the work is completed, the Developer or the Developer's 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 cnaaha a punch list of outstanding items to be completed. Upon n8mai[t of the vvhVan punch list provided by the Cih/, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course shall beinstalled bythe Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous vvma, course. the Developer shall repair or replace all broken or failing ourba, sidewalks and damaged or settled streets as determined by the City from o pre -wear course walk through inspection. 19' LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the Cih/'s Engineering Design and Construction Standards Manua|, and the City'a Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, orother vegetation installed by the Developer must be vverranUed and maintained for e period of two (2) years. The two (2) year warranty period shall be deemed to Start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance bythe City. The Developer agrees to have the installer ofthe landscaping complete an inspection thirty (50) days prior to the end of the two (2) year warranty period and provide the City with a written report identifying the 10 condition ofall landscaping. |nthe event any landscaping installed bvthe Developer is deemed to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. 8. The Developer shall be responsible for maintaining regular watering, fertUizing, and over -seeding necessary to establish Dno| |avvon 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 Developer agrees to achieve "substantial performance" on all needed o, nodded |avvnn and yards disturbed during the construction of Subdivision Improvements, For the purpose of this agreement "substantial porfornnanne" shall be defined for areas seeded or sodded with o turf or lawn mix as "square foot turf areas with anaverage blade height ofthree /3\inches free of eroded, bare, ordead spots and free from perennial weeds orunwanted 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 /8\ inches free of eroded, bare, or dead spots and no visible surface soil." C, The Developer shall follow the City ofLake Elmo "Bee Safe" policy for pesticide use uxper City Couoci\RESOLUTION NO. Z0|5-i3. 20. S|GNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees to install street signs, traffic and parking oiOns, 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 Developer to the City for approval prior to installation. In addition, the Developer 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+woypermits, 11 21' OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required bvthis Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the Chv' the Developer must furnish the City with a complete net of reproducible "record" plans and on electronic file of the ,necond" plans in accordance with the Cih/'s Engineering Design and Construction Standards Manual together with the following affidavits: Developer/Developer Engineer's Certificate Land Surveyor's Certificate certifying that all construction has been completed in 0000ndanoo with the terms of this Agreement. All necessary forms will befurnished hythe City. Upon receipt of"record plans" and offidovits, 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 Developer has previously satisfied park dedication requirements for all the areas to be platted within the Hammes Estates Preliminary Plat as part of the Hannnnen Estates 111. Addition Development Contract. No fees in lieu of land dedication are required for the plat. 23' SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AKJDWAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (VVAC)vvith respect to the Subdivision Improvements required bythe City and any state ormetropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is$111.00O.00. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by 12 the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is$111.0OO.00. In addition, o sewer connection charge in the amount of $1.000.00 per REC. a Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water connection charge in the amount Vf$1.000.00 per REC will be payable by the Developer and collected by the City at the time the building permit is issued for each lot. 24' STREET LIGHTS. The Developer is responsible for the cost of street Uohd installation consistent with a otnaed lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Security for street light installation consistent with the approved plan. The nmqu(nad Security is $18.000 and consist of three (3) decorative lights at $6080 each, The Developer shall also pay the City $387 to reimburse the City for the first year operating costs for the street lights. 25. WETLAND MITIGATION. The Developer 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 hound 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 Developer fails to take corrective measures after being provided reasonable notice by the City� 26' BUILDING PERM ITS/CERTIFICATES OF OCCUPANCY. A. No building permit shall be issued for any lot within the 3ubdivksion, or within u completed phase of the Subdivision in o City preapprmvmd phasing p|an, until such time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has been installed and tested for all public streets; sidewalks have been installed; street and traffic control signs are installed; property monuments have been installed and 13 grading as -built plans have been submitted and approved by the City. A "preapproved phasing plan" is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the prmoonmtruction meeting for the Subdivision. C)noa the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. B. Issuance of single building permit for a ''nnode| home" may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements described in paragraph 28 (A) above, if there is safe public access tothe lot that is sufficient to allow construction to proceed and there is o 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 20 (A) above have been completed. The Developer shall use the model home only for real estate sales purposes and no other purposes. C. Prior to issuance of building permita, 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 Dove|ope,, including nonpayment of billings from the City, shall be grounds for denial of building pernnita, 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 Developer assumes all liability and costs resulting in delays in onnnp|eUon of public Subdivision Improvements and damage to public 14 Subdivision Improvements caused by the Chv. Developer, the Oove|opa/n cordnaCt0ns, subconknartors, nnahehm|nnen, ennploveeo, ogentn, orany 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 bythe City Engineer. 27' RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, material men, or others that work required by this Agreement has been performed and the amounts due to them have not been paid, and the |obonars, matoria|nnen, or others are seeking payment from the City. the Developer hereby authorizes the City to commence on |nterp|eader ooUmn 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 Developer shall na|eano, diechoqJn, and dismiss the City from any further proceedings as it pertains to the letter of credit 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 Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to |ega|, p|anning, engineehng, and inspection expenses incurred in connection with the Cih/'sapproval and acceptance nfthe plat and the SubdiviSion, the preparation of this Agreement, the City'n review of construction plans and donunnents, and all costs and expenses incurred by the City in monitoring and inspecting development ofthe Subdivision. All amounts incurred and due tnthe City at the time of the recording of the final p|mi nnuni be fully paid by the Developer prior tothe City executing and releasing the final plat for recording. 15 C. The Developer 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 Developer ohoU indemnify the City and its officim|s, ernp|oyoea, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneyo'haeS. U. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is a<tached, all apoCie| assessments referred to inthis Agreement. This is o personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30)dnyo after receipt. Bills not paid vvithinthirty(30)dayasha\|beoaoeseedm|atefeepertheCityadopted[e8schedu|e. Upon request, the City will provide copies ofdetailed invoices ofthe work performed Uythe City and its consultants. 28. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the November 17, 2015. Engineering memorandum. B. The Developer must obtain o sign permit from the City Building Official prior to installation ofany subdivision identification signs. C. The Developer shall enter into a Landscape License Agreement with the City that clarifies the individuals or entities responsible for maintenance of any landscaping 16 installed inareas outside of land dedicated ospublic park and open space onthe final plat. D. The applicant shall abide bvall conditions ofthe MNONRPublic Waters Work Pmnnh#2O15'O193. 29 MISCELLANEOUS. A. The Developer may not assign UhisAoreementvithnut the written permission ofthe City Council. The Developer's obligations hereunder shall continue infull force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by professional engineer licensed by the State of Minnesota. F0UVvviny oonntrucdon, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining vva|\ was constructed inaccordance with the approved Plans. All retaining walls identified on the Plans 0rbyspecial conditions referred tointhis Agreement shall be constructed before any other building permit is issued for m lot on which e retaining vva|| is required to be built. C. Legal documents regarding homeowner association docunnen\s, ouvenantn, and restrictions shall be submitted to the City prior to recording of the final plat for review and approval bythe City Attorney. O. The Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public Subdivision Improvements, public liability and property damage insurance covering personal injury, including dea\h, and claims for property damage which may ahaw out of Developer's work or the work of its subcontractors nrbyone directly orindirectly employed by any of 17 them. Limits for bodily injury anddeathsheUbencd|esnUlen$5OU.OUOformnepersonanU $1.500.000 for each occurrence; limits for property damage nhoU be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or rnVro. The City shall be named as an additional insured on the policy, and the Developer 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 thirty (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, subnmction, serdmnoe, c|auoa, penagnaph, or phrase of this Aonsennerd is for any pemonn held inva|id, such decision shall not affect the validity of the remaining portion of this Agreement. G, The action or inaction of the Qh/ shall not constitute a waiver or amendment to the provisions of this Agreement. To be bindinO, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City'Sfai|ure to promptly take legal action toenforce this Agreement shall not be awaiver Vrrelease. M. This Agreement shall run with the land and may be recorded against the title to the Property at the Developer's expense, The Developer covenants with the Cih/, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents hnthis Aoreennent, inthe form attached hereto, from all parties who have an interest in the Prnperty, induding, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. \ Each right, power orremedy herein conferred upon the City is cumulative and in 18 addition to every other right, power orremedy, express or implied, now Vrhereafter arising, available to City, at law or in equity, or under any other agreement, and each and every riQht, power and remedy herein set forth or otherwise so existing may be exercised from time totime os often and insuch order aamay bedeemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power orremedy. J The Developer napnaonntn to the City that the Subdivision and the Subdivision Improvements comply or will comply with all City. County, nnetropo|itan, state, and federal |mwm and regu|adons, including but not |irnibad 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 oUovv construction or development work in the Subdivision until it is brought into compliance. Upon the Ci{y'sdemand, the Developer shall cease work until there is compliance. 30. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event ofDefault" shall mean, whenever it is used inthis Agreement, any one ormore nfthe following events: A. Subject to unavoidable delays, failure by the Developer to commence and complete construction of the public Subdivision Improvements pursuant to the harnns. conditions and limitations ofthis Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agn*ennonL 31' REMEDIES ON DEFAULT. Whenever any Event ofDefault occurs, the Qty, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by 19 written, executed instrument of the Ckv, may take any one or more of the following: A. The City may suspend its performance under the Aonaennert until it receives assurances from the Deve|upor, doonn8d adequate by the City. that Developer will ouno its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits inc|uding, but not limited to, building permits. B. The City may initiate such action, including |eOm| or administrative acUnn, 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 Developer, or immediately draw onthe Security, asset forth inthis Agreement. 32. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Deve|oper, by action for specific performance or dannageo, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision |nnprovornwnto or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall p[UnnpUy 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 torecover the costs thereof. For this purpose, the Developer, for itself and its successors and asoigna, expressly waives any and all procedural and substantive objections tothe special osaeosnnonta, including, but not limited to, hearing requ|ronnentn, and any claim that the assessments exceed the benefit tothe land sVassessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. 20 The Developer also acknowledges that its failure to perform any or all of the Developer's obligations under this Agreement may result in substantial damages to the City; that inthe event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may inc|ude, but are not limited to. the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement, 33' WARRANTY. During the warranty period, the Developer warrants that all Subdivision Improvements will he free from defects and that they will continue to meet all technical specifications and standards. During the warranty period. the Developer agrees to repair or replace any Subdivision )nnprovennen(, or any portion or element thenaof, which shows signs of foi|una, normal wear and tear excepted. If the Developer fails to repair or replace e 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 Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount ofthe Security. Such reimbursement must bemade within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees 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 Developer fails tomake required payments tothe City. The Developer, onbehalf ofitself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair o, replacement of the Subdivision |nnpnnvmrnents and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chaptor42S. A. The required warranty period for all work relating to the public sewer and water shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including 21 concrete curb and guttar, sidewalks and trails, materials and equipment shall be subject toone (1)year from the date offinal written acceptance cfthe work. C The required warranty period for eod, trees, and landscaping is two (2) years from the date of final written City acceptance of the installation. 34. SLV&0K8ARY OF SECURITY REQKj1REMEyNTS, To guarantee compliance with the terms of this Agreenomnt, payment of special asaessnnen(n, payment of the costs of all public Subdivision |nnprovennents, and construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or o cash escrow or a combination of a cash escrow and letter of credit (the "Security") in the amount of $890,788. The bank originating the letter of credit shall bedetermined bythe City tobesolvent and creditworthy. The letter ofcredit ahmU 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 nolonger satisfies the City's requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days e substitute for the letter of credit from another bank meeting the City's requirements. If the Developer fails to provide the City within 45 days with a substitute letter nfcredit from on issuing bank satisfactory tothe City. the City may draw under the existing letter ofcredit. This breakdown is for historical reference; it is not o restriction on the use of the Security. The City may draw down the Security, without nodce, 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. |fthe required public Subdivision Improvements are not completed at least thirty (30) days prior to the expiration ofthe Security, the City may also draw itdown. |fthe Security iodrawn down, the proceeds shall beused bythe City tocure the default. 35. REDUCTION OF SECURITY. Upon written request bythe Developer and upon receipt 22 of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms ofthis Agreement and that all financial obligations todleChvhave been oaUaOeU. the City Engineer may approve reductions in the Security in the following instances: A. Upon completion of grading openaUono, including temporary site restoration. The Developer must submit an as -built grading survey to the City that mta nnininnunn establishes the as -built grades at all |o{ corners and downstream drainage conveyance systems and storm water ponds. Upon inspection of the site and approvn|oftheos-bui|tsurvoybythwCity.onehundned(1OO)penoent.or$D.ofthe Security associated with grading may be released. This Security reduction does not include amounts related toerosion 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 bythe City Engineer: 1. Construction Categories 2 and 3: The amount of$215.O83 may be na/emaed when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as -built inverts have been verifinU, and the utilities are considered ready for use by the Qh/ Engineer. 2. Construction Categories 4 and 5: The amount of$351.788 may be released when all streets, sidevvo|ko, and storm sewer have been installed and teoted, and have been hound 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 $50.964 may be 23 released when all remaining Developer's 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)0e required "record" plans inthe form ofthe City standards have been received and approved by the City; and (5) the public Subdivision Improvements are accepted bythe City Engineer and the City Council. 4. Construction Categories 11, 12 and 13: The amount of$50'239 may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City Landscape Architect including all corrective work for any identified punch list items, C. Twenty-five /25\ percent ofthe original Security announ\, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision |nnpn)vannerks 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. O. Twenty-five percent (25%) Of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully oonnp|8tcd and accepted by the City, including all corrective work and warranty punch list items being connp(eksJ by the Developer; (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 Developer may submit a written request and upon receipt ofproof 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 24 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 fifty (50) percent of the initial Security amount. F. !tisthe intent ofthe parties that the City atall times have available h]itSecurity in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Ao/8oment, including fees or costs due to the C)b/ by the Developer. To that end and notwithstanding anything herein tothe conhary, all requests by the Developer for a reduction or release of the Security shall be evaluated by the City in light of that principle. 38' SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be paid tothe City prior torecording the final plat: Sewer Availability Charge (SAC): $111.000 Water Availability Charge O/VAC\: $111.000 Park Dedication: $O Street Light Operating Fee: S387 City Base Map Upgrading: $925 City Engineering Administration Escrow: $50.000 TOTAL CASH REQUIREMENTS: $273,312 37. NOTICES. Required notices \othe Developer shall beinwriting, and shall boeither hand delivered tothe Developer, its employees nragents, Vrmailed tothe Developer bvcertified mail at the following address: 4125 Napier Ct NE, 3L Michael, Minnesota 55376� Attn: David 8tnadtman. Notices tothe City shall boinwriting and shall be either hand delivered tothe City Adnninistnator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence offee ownership of the property being platted by way of an ettorney's title insurance policy dated not earlier than 25 thirty (3O)days priorh)theoxecudonoftheo|aL 39. COMPLIANCE WITH LAWS. The Developer agrees VV comply with all |avvs, ordinancea, regu|atinno, and dinacVwae of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall beconstrued according tothe laws nfthe Minnesota. 40. SEVERAB|LUTY. |nthe event that any provision ofthis Agreement shall bmheld invalid, illegal, orunenforceable byany court ofcompetent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 41, NON -WAIVER. Each right, power, orremedy conferred upon the City bythis Agreement in cumulative and in addition to every other right, power or rennedy, express or innp|iwd, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, povver, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may he deemed expedient by the City and shall not be a waiver ofthe right to exercise otany time thereafter any other right, pnvver, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only tp such event and shall not waive any other prior or subsequent default. 42' COUNTERPARTS. This Agreement may bcexecuted simultaneously inany number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 26 CITY OF LAKE ELMO By: STATE OFK4|NNESOTA ) >ss. COUNTY OF WASHINGTON Mike Pearson, Mayor Julie Johnson, City Clerk The foregoing instrument was acknowledged before me this day of . 2D17.byMike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, nfthe City of Lake E|nnn. a Minnesota municipal oorponadon, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 27 STATE OFM|NNESOTA COUNTY OF )ms. ) The foregoing instrument was acknowledged beh)na nno this . day of 3017. by . the NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 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 STATE OF MINNESOTA COUNTY OF day of , 2017. ) ss. The foregoing instrument was acknowledged before me this day of , 2017. DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 29 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 STATE OF MINNESOTA COUNTY OF day of , 2017. ) ss. The foregoing instrument was acknowledged before me this day of 2017, by DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 30 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 , 2017. STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2017, by DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 31 EXHIBIT A TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Outlot E, Hammes Estates 1st. Addition according to the recorded plat thereof, Washington County, Minnesota. A-1 EXHIBIT B TO DEVELOPMENT CONTRACT List of Plan Documents The following documents prepared by Westwood Professional Services, collectively constitute the Plans: THOSE DOCUMENTS 8Y AS FOLLOWS: SHEET TITLE REVISION | DATE | Cover ' 01/23/2017 1 | 0*esd| 01/23/2017 2 3&4 Sanitary dVVate an ry Sewer r i 01/23/2017 Main Construction | Storm Sewer and Street ! 01/23/2017 5'7 Construction Plan Details 01/23/2017 B4U Final Landscape Plan 12/20/16 L1'L2 B4 EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements Cost/Securitv Amount Estimate CONSTRUCTION CATEGORY COST 125% 1 Gradinq $O $O 2 SonikyrvSew*r $121.909 $152.380 4 Storm Sewer (includes $139.803 $174.754 onndstructures and outfa8nioos) 5 Streets and Sidewalks $_235.440 $294.308 7 Surface Water Facilities $O $U (ponds. infiltration basins, o&her8MFs) 8 Stree\Liohdno $18.800 $22.500 10 Private Utilities (eleotricitv, natural ciau, telephone, and cable) $0 11 Londsoapino $53.588 $86.985 Improvements 12 Tree Preservation and $0 Restoration 15 Erosion and Sedimentation Control 16 Miscellaneous Facilities $0 17 Developer's Record $5.000 $8.250 Drawinqa TOTALS $712,630 $890J88 FORM OF IRREVOCABLE LETTER - ----- - _ TO: City ofLake Elmo Dear Sir or Madam: VVehereby issue, for the account cf (Name ofOevekoQe Irrevocable Letter ofCredit inthe amount of$ onthe undersigned bank. The draft must: o) Bear the clause, "Drawn under Letter ofCredit No. of(Name ofBank)" No. i and in your favor, our available to you by your draft drawn on sight .daUed .20 . b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment ek November 3O.2O . (Address of Bank) , on or before 4:00 p.rn, on This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior hothe next annual renewal doby (which shall be Novambar3& 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 HaU, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator otleast thirty (3O)days prior Vzthe renewal date. This Letter ofCredit sets forth in full our understanding which shall not in any way be modified, amended, amplified, o, limited byreference hoany document, inntrummnt, or agreement, whether nrnot referred to This Letter ofCredit isnot assignable, This isnot aNotation Letter ofCredit. More than one draw may bu made under this Letter of Credit. This Letter ofCredit shall begoverned bythe most recent revision ofthe 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. Its 111E- (ATV LA K E STAFF REPORT DATE: February 7, 2017 REGULAR ITEM #: 15 AGENDA ITEM: Financial Management Services Agreement SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Staff reached out to AEM Financial Management Services to provide financial services similar to a finance director position. AEM contracts with a number of cities in MN to provide this service and I received positive feedback from some of those other communities. ISSUE BEFORE COUNCIL: Should the Council contract with AEM Financial Services? PROPOSAL: Included in your packet is a proposal from AEM. The proposal includes information about the firm and personnel, an agreement for financial services through 12/31/19, the scope of services covered, list of communities with similar engagements, and a sample report of what would be provided to the Council on a quarterly basis. iiie city attorney has reviewed the agreement and no legal issue were noted. FISCAL IMPACT: The annual fee for the rest of 201.7 is $86,363. There will be additional charges related to audit preparation. The hourly rate is included and more details will be provided once they have an opportunity to look at our financial records. In comparison, the annual cost for a finance director if hired at the inarket minimum (provided in the David Drown Associates Classification and Compensation Study), including taxes and benefits (assuming family insurance) would be $113,706.15. The annual cost for services under the agreement in 2018 and 2019 would be $101,700 and $104,280 respectively. OPTIONS: 1) Approve the Agreement for Financial Services 2) Amend and then Approve the Agreement for Financial Services 3) Do not approve the agreement RECOMMENDATION: "Motion to approve the Agreement jOr Financial Services with .4EM Financial Solutions." ATTACHMENTS: • AEM Financial Services Proposal City of Lake Elmo Lake Elmo, Minnesota Submitted February 1, 2017 AEM Financial Solutions, LLC Grandview Square 5201 Eden Avenue, Suite 250 Edina, Minnesota 55436 952,835.9090 Contact Persons Steven R. McDonald, CPA 952,715.3002 steven.mcdonald@aemcpas.com Jean D. McGann, CPA 952.715.3059 jean.mcgann@aemfinancialsolutions.com _ABDO EICIK 11EYERS1.1 AEM Financial Solutions''' TABLE OF CONTENTS Letter ofTransmittal 2 Welcome tnA0D#,E{CK.&INIQl/ER8,LLr 3 Firm Qualification and Experience Governmental Client Services 4 Personnel 4 Agreement for Financial Services 5 Scope uyServices O Similar Engagements with Other Governmental Entities 10 Agreement for the Provision of P,ofoaoinno| Services 11 Appendix A Professional Biographies B Sample Quarterly Report , AEM Financial Solutions~* LETTER OF TRANSMITTAL KriohnaHandt City ofLake Elmo 3OOOLaverne Ave, N Lake Elmo, Minnesota 55O42 Dear Kristina, Thank you for the opportunity to submit this proposal to the City of Lake Elmo, Minnesota (the City) for financial management services. Based on our past experience with cities of comparable size and complexity, we believe our structured contract with defined outcomes offered through AEM Financial Solutions, LLC (AEMFS) would provide the City with excellent financial management services, We believe our solution will continue to result in the City receiving high level information, continual improvement of processes and allow the City to keep overall costs stable, Our proposal is based on the past work we have done, the needs of the City, and the experiences we have had working with other cities, The proposal outlines the scope of services we believe will address the needs of the City. The term ofthis contract shall be from February 18.2017through December 31.2O1Swith aperformance review at six months, An AEMFS representative will be in the City offices as necessary to perform responsibilities as noted on the Scope of Services page. Services will also beperformed remotely aanecessary, Investment by the City for services is indicated in the financial page. AEMFS would like to thank the City for the opportunity, We look forward to exceeding your expectations and developing a|onQ-tonn. mutually beneficial relationship. AEM Financial Solutions, LLC an Abdo, Eick & Meyers, LLP Company 8tevonR, McDonald, CPA CEO �zJ�-�e" cur� mxs�� Jaan[LMcGann.CPA President, AEMFinancial Solutions, LLC Welcome to ABDO, EICK & MEYERS, LLP "The investments into our People and Process make a difference for you, ourvalued client. We focus on the challenges and needsthat are relevant to your business or government agency. This allows us to be thoughtful in our approach in providing you with the best solutions, and leaves you assured in the value of our deliverable." We focus recruiting efforts on Minnesota state colleges and universities. Innovative recruiting strategies, including a strong social media presence, allow us to attract top talent. Our process begins with listening. We invest time to better understand your goals and challenges. Steve McDonald - Managing Partner VVe've invested in a state-of-the-art, on -site training facility and a full-time Learning Director to ensure our team is prepared to exceed your expectations. Active engagement with DFK International and domestic industry associations allows us to provide maximum value to your organization. TERNATIONA People + Process milkers We focus on client results and reward our team based on specific goals, not hours billed, Combing our internal expertise and technological resources with what we've learned about you allows us to deliver a solution that exceeds your expectations. -3- FIRM QUALIFICATIONS AND EXPFRNCNCE For over 50 years, we've helped local governments throughout Minnesota serve their communities more efficiently,»athe leading governmental auditing firm in the state, we provide accounting, financial, and audit services to over 200 governmental entities. In 2009, weestablished AEM Financial Solutions, LLC(AEMFS) ucompany dedicated toproviding dey-tn+iayaccounting and financial management services for local governments. The success of AEMFS stems from having over 17 years of government finance and audit experience, six years of Big Four accounting Firm, and over 50 years of providing governmental services in Minnesota. As an integral part of your team, we work with you to deliver one -of -a -kind solutions for improving best practices in your entire organization. You can expect to work with our partners and managers to resolve issues ranging from operational effectiveness to long term planning and workflow. AEMF8isadivision of Abdo, Eick& Meyers, LLP(the Finn).Overall the Firm has aprofessional staff ofmore than 131inits Edina and Mankato offices, AEMFS specializes in the governmental industry. The following summarizes the type of services we provide. Governmental Client Services Our governmental client base is composed of cities, municipalities and other public entities. They are as follows" ° Finance director services for approximately 17cities. o 2 municipal clients receive the GFOA's certificate of achievement for excellence in financial reporting ° Process evaluation studies and recommendations ° Operational effectiveness " Work flow imp|empntatinn ~ Request for proposal development , Project feasibility analysis ° Rate studies, long tmnn strategic planning and capital improvement planning ° Budget development and analysis Personnel AEMFS has a tremendous level of expertise and experience in providing Governmental services. Detailed biographies can be found in Appendix A, This detail will demonstrate that when combined, we have over 55 years of providing solutions to governmental entities along with over 25years ufprivate sector experience. Our substantial governmental client base and commitment of staff to governmental services has provided our firm with the competence huserve your professionally and efficiently. 35 30 25 20 � 15 10 � 5 17 n 4 � 22 Portners/ Managers/ Accounting Support Staff Total Presidents Supervisors Staff ,Nnn-CPA CPA 4 ,.^ AGREEMENT FOR FINANCIAL SERVICES THIS AGREEMENT, is made and entered into on February 1, 2017 by and between the City of Lake Elmo, Minnesota (hereinafter ,eferred to as the "City"), and AEM Financial Solutions LLC (hereinafter referred to as the "Contractor"), Articles ofAgreement &Recitals WHEREAS, the City is authorized and empowered \osecure from time totime certain professional services through contracts with qualified onnookan��and WHEREAS, the Contractor understands and agrees that: 1, The Contractor will act as an Independent Contractor in the performance of all duties under this Agreement, Accordingly, the Contractor shall be responsible for payment of all taxes, including federal, state and local taxes and professional/business license fees arising out ofthe Contractor's activities; 2� The Contractor shall have nuauthority iobind the City for the performance ofany services ortoobligate the City. The Contractor is not an agent, servant, or employee of the City and shall not make any such representations or hold himself/herself out assuch; 3, The Contractor shall be the exclusive outsourced accounting service provider for the City during the term of this Agreement-, 4. The Contractor shall perform all professional services in a competent and professional manner, acting in the best interests of the City atall times. 5, The Contractor shall not accrue any continWng contract rights for the services performed under this contract. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, it is agreed as follows� ARTICLE .NCORPORATOmOFRECITALS The recitals and agreement set forth above are hereby incorporated into this Agreement, ARTlCLEU LIABILITY INSURANCE Section 1 Liability Insurance: The Contractor shall obtain professional liability insurance, e\their expense with liability insurance coverage minimums in the amount of $2,000,000, which Contractor must secure and maintain during the term of this Agreement. Contractor will provide City with proof of liability insurance coverage under this Agreement in writing upon request by the City. -5- AGREEMENT FOR FINANCIAL SERVICES -CONTINUED ARTICLE III DURATION 0FTHE AGREEMENT Section 1DvmboniThis Agreement shall commence upon date of execution by all parties and will remain in effect until December 31.ZO19unless earlier terminated aaprovided inSections 2and J. Section 2 City's Termination Rights: City may terminate this Agreement upon sixty (60) days written notice in the event the City determines inits sole discretion that it is not in the City's best interest to continue using Contractor's services, The City may terminate on ten (10) days written notice of the Contractor fails to perform its obligations under this Agreement. Section J Contractor's Termination Rights� Contractor may terminate this Agreement upon thirty(3U) days written notice to City /n the event City does not pay Contractor compensation as required under Article 5, Section 9 within fifteen (15) days after invoice is received by City. In the event of non-payment within thirty (30) days, Contractor shall give City an opportunity to cure the default by giving a notice of such non-payment and an additional five (5) days after the City's receipt of the notice to remit such payment, prior to giving a notice of termination. Contractor can also terminate the Agreement with one hundred twenty (120) days written notice if the Contractor believes hiain its best interests mterminate the Agreement. ARTICLE IV RENEWAL OF THE AGREEMENT Section 1 Renewal Period: Not less than ninety (90) days prior to the expiration of this Agreement, the City may provide written notice of intent to renew this Agreement for an additional term of up to three years upon terms and conditions agreed upon by both parties to the Agreement. If no such renewal agreement is executed by the par6es, the Agreement terminates without further action of either party on DecemborJ1. 2019, ARTICLE V GENERAL Section 1Authorized City Agent: The Chy'sauthori[zod agent for the purpose of admin(strationdthis Agreement isthe City Administrator. Said agent shall have final authority for approval and acceptance of the Contractor's services performed under this Agreement and shall further have responsibility for administration of the terms and conditions of this Agreement, All notices under this Agreement shall be sent to the person and address indicated below on the signature lines, Section 2 Amendments� No amendments or variations of the terms and conditions of this Agreement shall be valid unless in writing and signed bythe parties. Section 5Assignability: The Contractor's rights and obligations under this Agreement are not assignable ortransferable, Section Data: Any data o, mateha|a, induding, but not limited to, repurts, studiea, photogepha, ne0ohves, or any and all other documents prepared by the Contractor or its outside consultants in the performance of the Contractor's obligations under this Agreement shall be the exclusive property of the City, and any such data and materials shall be remitted to the City by the Contractor upon completion, expiration, or termination of this Agreement. Further, any such data and materials shall be treated and maintained by the Contractor and its outside consultants in accordance with applicable federal, state and local. Further, Contractor will have access \u data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this Agreement. Contractor agrees tomaintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 or other applicable law (hereinafter referred to as the "Act"). Contractor will not release OF disclose the contents mfdata classified aanot public toany person except at the written direction o[the City. Upon receipt oferequest to obtain and/or review data as defined in the Act, Contractor will immediately notify the City, The City shall provide written direction xo Contractor regarding the request within ereasonable time, not toexceed fifteen (l5)days, The City agrees toindemnify, hold harmless and defend Contractor for any liability, expense, cost, damages, claim, and action, including attorneys' fees, arising out of or related to Contractor's complying with the City's direction. Subject to the aforementioned, Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act, Upon termination and/or completion of this Agreement, Contractor agrees to return all data to the City, as requested by the City, )\co'/L. |_ I \V\�s -6- . AG0F0M0NT FOR FINANCIAL SERVICES -CONTINUED ARTICLE V'CONTINUED GENERAL-CONT|NUED Section 5Entire Agreement: This Agreement is the entire agreement between the City and the Contractor and it supersedes all prior written or oral agreements. There are no other covenants, promises, undertakings, or understandings outside of this Agreement other than those specifically set forth, Any term. condition, prior course of dealing, course of performance, usage of trade, understanding, or agreement purporting to modify, vary, supplement, or explain any provision of this Agreement isnull and void and ofnoeffect unless in writing and signed by representatives of both parties authorized to amend this Agreement, Section 6 Severability: All terms and covenants contained in this Agreement are severable, In the event any provision of this Agreement shall be held invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such invalid terms or covenants *emncdcomainedhereinanUnuchho|dingsha||notinva|idauyorrandarunenfuroeab|eanyotberpmvisianhemo[ Section 7 Contractor Fiscal Decision Waiver: Contractor is responsible for providing the City with timely and accurate financial recommendations and information that allows City Council the ability tomake final financial decisions. Contractor will provide fina| financial recommendations, but is not responsible for the final decisions made regarding financial matters. Section 8City Employment ofContractors Employees: Should the City desire \nemploy the Contractors employee that isassigned <o the City during the term of this Agreement, it must have the written consent of the Contractor to enter into a City employee contract with the Contractors employee, Should the Contractor agree to such arrangement, the agreement will include a payment equal to 50% of the annual contracted cost, in addition to the annual contracted cost already paid to the Contractor. This restriction on employment applies only during the term of this agreement, Section 9 Compensation: The parties agree that the Contractor shall be paid compensation for the services provided hereunder, payable for work performed in accordance with this Agreement, based on the fees indicated in Table 1 and under the attached scope of services. Additional fees will not beincurred without prior approval nf the City, Table 1 Services Period Monthly Fee AnnualFee February 18. 2017 - Deoembmr31 2017 8 8.225 $ 86.863 January 1.2010'December 81 2018 8.475 101.700 January 1.2019- December31. 2018 8.580 104'280 Audit Prroaration'2O16 Hourly Rate Gayle Bauman, Client Services Manager $ 185 Other accounting staff, esneeded 125-535 initial invoice will besent within 1Odays ofthe execution of this agreement, Monthly installment fees will bminvoiced throughout the remainder ofthis contract. Section 10 Additional Services-, Should the City request additional services in addition to the Contracted Services, the Contractor will provide the City with proposed fees for the services to be provided, The City shall provide a written or electronic confirmation prior to the proposed services implementation. Section 11Outside Contractors: Kshall bethe responsibility mf Contractor tocompensate any other outside consultants retained or hired by Contractor to fulfill their obligations under this Agreement and shall be responsible for their work and Contractor, by using outside contractors, shall not be relieved of its obligations under this Agreement. -7- SCOPE OF SERVICES Contract Task 1. Cash and Investment monitoring Reconcile cash and investments Review Monthly to ensure timely and accurately balance Verify bank has proper amount ofcollateral pledged tuChy'saccount Review cash flow yuensure proper amounts are available for operations 2. Month lyKQuartedyRepo,dng Complete quarterly dashboard ofkey indicators Provide narrative \oquarterly financial report Review monthly budget to actual reports for coding errors Review journal entries and payroll entries toensure accuracy Review payroll and other monthly/quarterly reports 941mcono|iaUon 3. Annual Reporting Complete Financial Reporting Form Vathe Office ofthe State Auditor Property Tax Levy Report tuthe Minnesota Department nf Revenue PTForm 200 tothe Minnesota Department ofRevenue (if required) 4. Audit Preparation for 2U17'2V1V Prepare work papers and gather support for the audit ofthe financial statements Prepare the Management Discussion and Analysis for the audit report Prepare financial statements for auditors 5. Annual Budget Preparation Preliminary meeting with City management onbudget objectives and strategy Prepare aCity management's recommended property tax levy along with a general outline ofthe City Budgeted funds including any potential budget funding gaps. This will include the all funds summary and preparation ofall budget documents Assist inpresenting preliminary budget toCouncil prior 0zSeptember 5U. Assist inthe certification ofthe final nfthe tax levy tothe County and Minnesota Department of Revenue Chy Phoned Time RmpvuoiN|itf Fro^,, Monthly Monthly Request monthly collateral statement from the bank Monthly Monthly Quarterly Review and provide input Quarterly Review and provide input Monthly Review and provide input Bi-weekly Review and provide input Quarterly Review and provide input Quarterly Cooperation inlocation supporting documentation as needed City Administrator to review June3U December 31 Sepuamber3V May 'August August December 31 SCOPE OF SERVICES - CONTINUED Contract Task 6, Utility Billing Review utility billing prepared byCity Staff Update utility billing system rates Prepare assessment rolls for County City Planned Time Responsibility Fra in e 8. w\\sooUanpnuoToekn Provide oversight in recording/accounting for transactions Weekly Attend 5Council meetings for action items and budget discussions As needed Attend monthly Finance Committee meetings aoneeded when on -site Monthly Update Council, Administrator and staff ofnew accounting standards On -going Provide assistance inreporting and closing out grant programs Monthly Respond tosurveys and information requests asthey are received from outside sources such osthe League o/k4NCities and Government Finance On -going Officers Association Monitor compliance for assigned activities On -going Maintain office hours at8 a week orouarranged inadvance with the City Administrator, May also utilize video oonfenenoingasappropriate On -going 7. Special projects As needed Assist with issuance nfbonds March 'April Audit prep for 2016 2017 -9- SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENTAL ENTITIES We have long-term relationships with many cities in Minnesota and have provided a sample of references of those we serve as their Finance Director, Additional references are available upon request. City cfNew Hope Kirk McDonald 1768,531.5112 Engagement Partner - Steve McDonald City ofPine City Ken CammU|ed|J2O,02B2575 Engagement Partner - Jean McGann City ofForest Lake Aaron Parrish |O51.209�975O Engagement Partner Jean McGann City of LoSuer JaneUuTappen|5875O564O1 Engagement Partner ' Jean McGann City ofOak Grove Loren Wickham 1763,404.7075 Engagement Partner ' Jean McGann '\0' AGREEMENT FOR THE PROVISION OF PROFESSIONAL SERVICES CITY OF LAKE ELMO, MINNESOTA WHEREFORE, this Agreement was entered into on the date set forth below and the undersigned, by execution hereof, represent that they are authorized to enter into this Agreement on behalf of the respective parties and state that this Agreement has been read by them and that the undersigned understand and fully agree to each, all and every provision hereof, and hereby, acknowledge receipt of a copy hereof. Name Title Name Title Date Name Title Date City of Lake Elmo 3800 Laverne Ave N Lake Elmo, Minnesota 55042 AEM Financial Solutions, LLC 5201 Eden Ave, Suite 250 Edina, Minnesota 55436 CEO February 1. 2017 + Process - I I- 1)4' 041'SS Mrs, McGann joined the Firm in201J. She islicensed $upractice nsaCPA in w|nnosn\v. Jean leads the Financial Solutions group providing financial management services, day|o'Vay accounting and customized solutions for local governments and nonprofit agencies, Outside u[work Joan enjoys s»onmnQ omewith family and friends, Jean wo.Uyx /n Twin Cities with her husband and their 2 children. , ' AE14 Financial Solutions"" Partner and President Direct lino8527l5.3O53 Qualifications ° 1Dyears ofexperience ingovernment finance and auditing ° Over 7years ofexperience inoperations management ~ Experienced instrategic planning and financial forecasting ° Experienced inidentifying and implementing cost containment processes ° Policy development, internal control evaluation and project management experience Professional Memberships ° American Institute of Certified Public Accountants (A|CPA) ° Minnesota Society nfCertified Public Accountants ° Minnesota Government Finance Officers Association • Government Finance Officers Association ofthe United States and Canada Education • Bachelor ofArts, Buena Vista University, Storm Lake, Iowa ~ Continuing professional education nnrequired byA/CPAand Government Accountability Office Ms. Bauman joined the firm in 2016 after working for many years in City government finance. She has previously held the position of Finance Director for two cities in Minnesota Gayle has experience in all areas of governmental finance including budgeting, capital planning, debt, financial reporting and cash management. Finance departments provide support to all city departments and Gayle is continually looking fur efficiencies to assist others in doing the best job they can do. In her free time, Gayle enjoys golfing, reading, crafts and spending time at the family cabin in northern Wisconsin. ABDO LICK 4S,'' AEM Financial Solutions' Client Services Manager Direct line 952,715.3075 gayle.bauman@aemfinancialsolutions.com Qualifications • Over 18 years of experience working in City government finance • Experience with budgeting, capital planning and debt management • Budget reviewer for the Government Finance Officers Association Professional Memberships • Minnesota Government Finance Officers Association • Government Finance Officers Association Education • Bachelor of Science in Accounting, Gustavus Adolphus College o Minor in Mathematics • Continuing professional education Jackie Thoenesjoined the firm in September of2V10oxaClient Services Ar;oumvnt,Jackie has over 2Oyears working in local government finance, She npo^in|iz"oioworking with utility billing. payroll, fund accounting, and pvint-of-nalwalong with various accounting functions, VVmmnot working, Jackie enjoys xpon.Un0time with her family and attending her daughmosporting events, Some ofher favorite pastimes includo being a1the lake and cheering nnthe MNVikinUs/Twino, ABDO �q[���7 Q- ��,UV .�� k�' ��l`/=rnf Services /k ^�U=m� ���7���� Accountant Direct |ine952715.305h jmck,a.thoennen@evmOnancialsoludonn,onm Qualifications ° 20years ofexperience working with local governments infinance ° Works extensively with Utility Billing, Accounts Payable, Accounts Receivable, Payroll, Point n[Sale, and Budget Process = Payment Service Network (PSN) Professional Memberships ° American Payroll Association NorthouerChapter Education ° Minnesota Certified Municipal Clerk ° Continuing professional education City of Sample City, Minnesota As of March 31, 20XX People 11)(1'SS AEM Financial Solutions'" EICK AEM Financial Solutions' ACCOUNTANT'S COMPILATION REPORT Honorable Mayor and City Council City of Sample Sample, Minnesota We have compiled the accompanying statement of revenues and expenditures for the General Fund and statements of revenues and expenses for the enterprise funds of the City of Sample as of March 31, 20XX, for the quarter then ended. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or provide any assurance about whether the financial statements are in accordance with accounting principles generally accepted in the United States of America, Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements. Management has elected to omit substantially all of the disclosures and the statement of cash flows required by accounting principles generally accepted in the United States of America. lithe omitted disclosures and the statement of cash flows were included in the financial statements, they might influence the user's conclusions about the Company's financial position, results of operations, and cash flows. Accordingly, the financial statements are not designed for those who are not informed about such matters. Sincerely, AEM FINANCIAL SOLUTIONS, LLC 5201 Edan Averaa Sa 2.5C Er..fi a MN 554e, ,a52 7,5 3070 Pax 952 835 32e-. ABD( EICK AEM Financial Solutions Honorable Mayor and City Council City of Sample Sample, Minnesota Dear Honorable Mayor and City Council: We have reconciled all bank accounts through March 31, 20XX and reviewed activity in all funds. The following is a summary of our observations. All information presented is unaudited. Cash and Investments The City's cash and investment balances are as follows: Checking Investments (at market value) Total cash and investments Investment Type Checking Money market Negotiable CDs Municipal bond Government agency securities Total investments 3/31/20XX 2,245,295 974,393 3,219,68S Increase/ 3/31/20XX (Decrease) 1,295,511 949,784 963,006 11.387 2,258,517 961,171 Increase/ 3/31/20XX 3/31/20XX (Decrease) S 2,245,295 70,131 904,262 3,219,688 $ 1,295,511 4.649 958,357 949,784 65,482 (54.095) 2,258.517 S 961,171 .5201 Eder Ave-tue, Se 25G Ethn-, MN EE4:,E1 :7..527 37C Fax 2 536 32E— General Fund Cash Balances 20XX - 20XX S1,200,000 $4,000,000 S800,000 $600,000 $400,000 S200.000 50 January 1 January February March April May Receipts Taxes Infer Lieenses and permits Charges For services Fines and forfeitures Special assessments Interest k: a rn i s Miseellancous Contribution:, Budget 82,041 61.606 815 5,195 530 1,375 2,000 3.100 750 157.422 June 1 ,k July August September October November December 20XX ;"-17);;" 20XX 20XX 20XX 50% reserve Prior year average General Fund Disbursements ITD Actual Key Varies inure than I 011it than budget positively Varies more than 10'0 than hudeel negatively Within I 09li or budge' Percent of VID Budget 31011 3 .2 4S0 58.2 1,588 30.6 587 110.8 1,247 62.4 4,365 140,8 975 130.0 1 1,242 General government Ciiy Council Exeeulive City Clerk Financial adminisiration LawkiI scix ices Community el;IliCF General government buildings l'ol iee Fire Highways, stree(s. and roads lions Parks VT') '-rI) Percent of Budget Actual 1-1'n Budget 12.598 8 15,006 119,1 lly 2.950 584 19,8 1,1:170 401 21,4 5,210 4,899 94.0 19,1171) 19,000 49,6 2,500 2.053 82.1 2,925 3,267 I 11.7 1,175 298 25.4 43,056 33,669 75.2 15.038 6,507 43.3 33,708 1.2,765 37.9 711(1 471 67.3 5,241 123 283 146.039 99,043 67.8 % Current short-term rates being offered by financial institutions are very low as evidenced by the table ofU.S. Treasury rates below. The U.S. Treasury rates provide a benchmark perspective for rate of return. Treasury yields Date 1 mo 3 mo 6 mo 1 yr 2 yr 3 yr 5 vr 7 vr 10 NT 12/31/20XX 0.07 0.12 0.19 0.29 0.61 1.02 2.01 2.71 3.30 12/30/20XX 0.01 0.02 0.06 0.12 0.25 0.36 0.83 1.35 1.89 12/31/20XX 0.02 0.05 0,11 0.16 0.25 0.36 0.72 1.18 1.78 3/31/20XX 0,04 0,07 0.11 0.14 0.25 0.36 0,77 1.24 1.87 6/30/20XX 0.02 0.04 0.10 0.15 0.36 0.66 1.41 1.96 2,52 9/30/20XX 0.03 0.02 0.04 0.10 0.33 0,63 1.39 2.02 2.64 12/31/20XX 0.01 0,07 0.10 0.13 0.38 0,78 1.75 2.45 3.04 3/31/20XX 0.03 0.05 0.07 0.13 0.44 0.90 1.73 2.30 7,73 6/30/20XX 0.02 0,04 0.07 0.11 0.47 0.88 1,62 2.13 2.53 9/30/20XX 0.02 0.02 0.03 0.13 0.58 1.07 1.78 2.22 2.52 12/31/20XX 0,03 0.03 0.12 0.23 0.69 1.11 1.68 2.00 2.20 03/31/20XX 0.05 0,03 0.14 0.26 0.56 0.89 1.37 1.71 1.94 Budget Summary A more detailed analysis of funds is included as Attachment A. Cash Balance Summary A detailed view of department totals compared with budget is included as Attachment B. Investment Summary A detailed summary of current investments is included as Attachment C. Enterprise Fund Summary A detailed summary of enterprise fund financial results is included as Attachment D. Revenue and Expenditures A detail of revenues and expenditures is included. This information is unaudited and is intended solely for the information and use of management and City Council and is not intended and should not be used by anyone other than these specified parties. If you have any questions or ‘vish to discuss any of the items contained in this letter or the attachments, please feel free to contact us at your convenience. We wish to thank you for the continued opportunity to be of service and for the courtesy and cooperation extended to us by your staff. Sincerely, AEM F[NANCIAL SOLUTIONS, LLC )(s CITY OF SAMPLE, MINNESOTA STATEMENT OF REVENUES AND EXPENDITURES - BUDGET AND ACTUAL - GENERAL FUND (UNAUDITED) FOR THE THREE MONTHS ENDED MARCH 31, 20XX Attachment A Percent Receiver! or Expended Actual Variance - Based on Annual Budget thru Thru Favorable Budget thru Budget 3/31/20XX 3/31/20XX (Unfavorable) 3/31/20XX REVENUES Taxe0`8 313,918 * S 7X.450 S S (78,480) NIA % Local go \.. eminent aid* 228,078 * 57,020 (57,020) N!A Tax abatements 14,244 * 3.501 - (3,501) NiA Intergovernmental 18,347 4.587 2,000 (2,587) 43.6 1.icenses and permits 3.300 8/5 480 (345) 58,1 Charges for services Fire 18,500 4,625 1,418 (3,207) 30,7 Police 2,120 530 587 57 110.8 Oilier 2,280 570 171) (400) 290 Special assessments 5,500 1,375 - (1,375) Interest earnings 8,000 2,000 1.247 (753) 62.4 Miscellaneous revenue 12,400 3,100 4,365 1,265 140.8 Contributions and donations 3,000 751) 975 225 130.0 TOTAL REVENUES 629,687 157.422 11,242 (146,180) 7.1 EXPENDITURES General government 50,391 12,598 15,000 12.408) I 19.1 City Council 11,800 2,950 584 2,366 19.8 Executive 7,480 1,870 401 1,409 21.4 City Clerk 20,840 5,210 4,899 311 94.0 Financial iidministrat int 76,280 19,070 19,000 70 99.6 Law/legit! services 10,000 2,500 2,053 447 82.1 (70111111101111y center 11,700 2,925 3,267 (342) 111.7 General giivernment buildings 4,700 1,175 298 877 25.4 Police 171,2// 43,050 33.669 9,387 78,2 Fire 60,150 15,038 6,507 8,531 43.3 Highways, strecis and roads 134,831 33,708 12.705 20,9-13 ( l ) 37,9 Lions 2,800 700 471 229 67.3 Parks 2(1,962 5.241 123 5,118 13 TOTAL EXPENDITURES 584,156 146.039 99,043 46,996 67.8 EXCESS REVENUES (EXPENDITURES) 45,531 11,383 (87,801) (99,184) 113.0 OTHER FINANCING USES Operating transfers out (80,500) (20,125) 20,125 (2) EXCESS (DEFICIENCY) OF REVENUES AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES $ (34,969) $ (8,742) (87,80)) (79,059) NiA ')/0 * Property taxes.assessments, and local ,goveminent aids are only paid twice a year Item Explanation of items percentage received/expended less than 80% or greater than 120% and S variance greater than 815.000. ) Capital outlay budgeted has not been expended or transferred to capital funds to procure capital equipment. (2) Operating transfers will be posted in 4th quarter. Fund 101 General 301 G.O. Improvement Bonds 2OXX 302 (1.0. 'limn-wenn:to Bonds 20XX 303 G.O. Improvement Bonds 20XX 370 TIE 1\,IN Energy 377 TIF MN Beef Industries. Inc 401 Fire Equipment Donations 402 Public Works Rcscrvc 403 Police Reserve 404 Fire Reserve 405 Ambulance Reserve 406 General Government Rcscrvc 407 fntrastructure Reserve 408 Culture and Recreation Reserve 409 2014 Street Improvements 601 Water 602 Sewer 609 Liquor Store 615 Ambulance Total CITY OF SAMPLE, MINNESOTA UNAUDITED CASH BALANCES BY FUND MARCH 31, 2OXX, DECEMBER 31, 2OXX AND MARCH 31,20XX Balance 3/31/20XX 576,826 (628,348) 00,886 '122,856 (46,124) 20,262 607,063 76,00k) 1.346 43,700 65,000 925,000 47,500 (166,695) 116,001 73,315 373,920 $ 2,258,517 Balance .12/31/20XX 5, 702,975 133,411 244,658 123,460 (46,124) 37,722 265,945 41,191 14,365 (,7,933 70,319 347,64)1 42,275 715,927 166,065 71,037 346,194 Balance 3/31/20XX 619,003 1,826 96,744 191,763 123,976 (46,124) 42,6'7 267,057 41,363 14,425 63,196 70,613 349.145 42,452 702,334 27,123 I 73,272 72,488 366,35(1 $ 3,342,044 $ 3,219,688 Attachment B YTD Change From Change Froni 12/31/20XX 3/31/2OXX (83,912) (1) $ 92,237 1,826 630.174 (38,667) (4.142) (52,895) (2) 191,763 516 1,120 4.900 22,3(0 1.117 (340,006) 172 (34,646) 60 13,079 263 19.496 294 5,613 1,454 (575,855) 177 (5,04s) (13,593) 702.334 27,123 193,818 7,207 57,271 1,451 (827) 2(1,156 (7,5701 (122,356) 8 961,171 Item Explanation of changes greater than 550.000.„ (1 ) See General Fund Budget and Actual Statement for additional detail. Property tax and intergovernmental revenue are not recciptecl until .Iti December. General fund reserves must he used to finance general operations until these revenue sources become available. (2) Debt service obligations were due and paid, Property tax and special assessment will not be receipted until July and December. S2,000.000 , 81,500,000 S 1,0 0 8500,000 $- $(5)J0,000) s(imoo,nom Cash Balance by Fund Compared to Prior 'Year General Debt Service TIF Capital project Water General Debt Service TIF Capital project 3/31/20XX 3131/20XX Fund Water Sewer Liquor Store Ambulance Sewer Liquor Store A Key Varies more than 10"/0 than budget positively Balance decreased more than 1 0% over prior year Balance within I fri'a of prior year Description Genet 31 Funk .5 Ambulance Donations Anitnifince DebitCcitl Aix t General Fund fine 13,1,113;1in. Cecil Aix t Tivp 'Donations Acct Etc fruit Lintity Asia! Pollee Dcri Liquor 11..1`,1(:, 4 O..11 An111111iinee Ambulance CD 151,0e1. Met 1. BMW F3ank IE Cap Toad Denier Lteli CIT Bank CIE Cap Bank Inc [Lentil Gabbled, Seeliii Goldman Sachs USA NY 5.111a 11,110. iSlatt SIT Bank GE Cap 131: IN(V;moll Sallie Mae 13K Munits, UT Nlarkci Value i2031.$ 5i6.26".21 33,565_01 923,197.66 511 07 -1,741.30 I l+f 4,675.43 1,104 32,065.17 34,163 is 132,703i 95 3.1451 4 64.094.72 113,155.62 73:303.70 34:130,7o 73,4115,3s iis 1.13 77.001.10 11-tecivi 74,050,5(1 I ;!, Deposits 1(1 4,11)0)1 12,033.06 5.00 1133 nit 541,,60i0 CITY 0115AMPLE. MINNESOTA Schedule aliEnse.sitnents For the Month Ending March 31, 20NN. Expenditures Transfers 5 11.062. ir 551 $ 1533.441 (2365,34 125E0.0,00 $ 409948.03 S I. I 417,129,9I1 S I ,743,01:S.891 S S1,000.00(1 $1.400.0(111 S1,200.600 $I 3100,000 SS1.10,0110 5660,000 $41,0.000 s200,060 Si Interest Cost 3.31'213XX 131arkei Value 3 31120(X Limicaticed Crain 1.1,312 5 360„13."1 5 30, 11.1 '1 ) 20.26 57.372.S3 57,372 03 0.es i ei, 43 tn. Lev ;ins 2,270,114 675,408.50 675.4E3.50 tt 112 515 I 1, .510 10 2.314 16.799,151 16.799.I0 3 10 10.191 ii3 10.101,3 1 74 4.6tI2 17 4.63117 I 2 nil 1,11i 1 96.00 32,161.17 32,101.17 054 2 13193 iiii 2.1,-tieyysiii 496.77 133.206.72 133.206,72 16;1.16 iiii .155 311316 '13015300 1340.47) 3441.47 127,346.25 127.000,00 11,11ivi ' kin 07 ktis 66 611,239, iii 611380 61.51,80 1,12.2.50 73.960.611 iiiii 2 r o19,,, 1,4:,.t7 75,651,10 404 S 1 1,382.21 73.11111.69 73,641,.24 lei 300 693,00 1 'h' 401 63411 20 635.99 1,464 73 75,440E9 77_963..14 30iii st° 71 I 99 sieniiii ir,i 56.•.'1,t q I .336.64 1,339.24 77.363.7S 735,314.23 401 2'; 40(,39 ,;34:!•;.: {{,.; l4,7,1_1.1111 163321.1-1 $ 1 1.79 400 $ L592.702.70 S 2.15.3,994.76 Maturities lg. 7'77 Current -3 1 year 1412 2-3 351 5.. years years yea5 yews Cosi Market Yatue Alowy Nlarkct irritrIll11 5Iunkip3IScolmk5 " ('1,0141,011 Malunry Current 4 year 132 yean 2-3 years 3-4 years riv seam Weighted aierage Rile or return Average Maturity semis Investment if 5ne Cast 331 20XX Market Value 3.3 1,20XX $ 1,311,014.37 $ I „330.726.72 571.145,33 773,26$.04 Attachment 31 613651360 1546.251 0,77,4 771 72.83S. 74 ,4a7S (to2,151 va.),Y3) 147h 75) 03.8 !) (2,051.531 1520.05i 271.232.06 Variance 3.31:20XX 09.11235 202.119.7E S I .5S2.702,70 $ 2,I33.994.77 77 271_232 Ile Marcy Markin Brokered CO Gocenunetit Securities NIunicipal Sccuciiies Checking 11.47s 331.20XX ii.q7 3 '31 .2641X Mattcl 3.'3 i 20XX 70,060 00 930,922.2 I 1.127,072.35 S 2,13E99-1.76 CITY OF SAMPLE, MINNESOTA STATEMENT OF REVENUES AND EXPENSES - BUDGET AND ACTUAL - LIQUOR STORE FUND (UNAUDITED) FOR THE THREE MONTHS ENDED MARCH 31, 20XX REVENUES On sale $ 36,928 48,194 $ 11,266 (I) $ 35,650 135.2 % Off sale 39,802 42,505 2.703 44,75)) 95,(1 Other merchandise 18,676 21,316 2,640 11,750 181.4 Cigarettes, other 1,744 1.886 142 2,000 94.3 Pulltab 2,047 2,593 546 2,500 103,7 Miscellaneous 3,176 10,056 6,880 1,800 558.7 Attachment D Percent Received or Expended Actual Actual Variance - Budget Based on Thru Tbru Favorable Thru Budget Thru 3/31/20XX 3/31/20XX (Unfavorable) 3/31/20XX 3/31/20XX .. TOTAL REVENUES 102,373 126,550 24,177 98,450 128.5 EXPENSES Salaries and benefits 29,593 32,523 2,930 28,892 I 12,6 Supplies 8,266 6,955 (1,3)11 4,475 155.4 Cost of goods sold 69,372 75,207 5,835 51,300 146.6 Other 13,757 10,107 (3,650) 14,338 70.5 Depreciation 2,225 2,225 2,225 N/A TOTAL EXPENSES 120,988 127,017 6,029 101,230 175,5 EXCESS REVENUES OVER EXPENSES (18,6)51 8 (467) 8 2,313 $ ( 2 , 7 8 0 ) % Sales 8 113,901 Cost of sales 75,207 Gross profit Gross profit percentage March 31, 2OXX 50.0(% 45.0% 35.084 75.0uX, 20.0%, 37.2% 33.494 41,1`)/0 38.694 34,0"-I) Gross Profit Percentage vs. State Average 44,5`)/o 45.494 44.6?'n 38.494 38.3',/0 20XX 20XX 2OXX 20XX 20XX 20XX --rs.)- Gross profit percentage State average * 20XX municipal liquor state report is not available at this time. An estimated average has been used for comparison. Item Explanation o I items percentaLie received/expended less than 809i, or ereater than 120% and S variance 2reater than S 10,000, (11 Liquor sales are up 25% (85,241) from 1st Quarter of 20XX arid beer sales are up 39°,,.6 (6,1(11) from 1st quarter of 20XX. CITY OF SAMPLE, MINNESOTA STATEMENT OF REVENUES AND EXPENSES - BUDGET AND ACTUAL - WATER FUND (UNAUDITED) FOR THE THREE MONTHS ENDED MARCH 31, 20XX WATER FUND Attachment D Percent Received or Expended Actual Actual Variance - Budget Based on Thru Thru Favorable Thru Budget Thru 3/31/20XX 3/31/20XX (Unfavorable) 3/31/20XX 3/31/20XX REVENUES Charges for services 47,335 47,973 $ 638 5 51,112 93,9 % Miscellaneous 25 ' 51 26 100.0 TOTAL REVENUES 47,360 48,024 664. 51,112 94.0 EXPENSES Salaries and benefits 8,595 8,369 (226) 8,689 96,3 Supplies 2,387 4,608 7 771 -,--- 6,125 75.2 Other services and charges 1,802 5,468 3,666 2,831 193,1 Repair and maintenance 460 (460) 5,125 Utilities 5,761 3,636 (2,075) 5,000 73.7 interest - 2,819 Depreciation 26,250 26,250 26,250 100.0 TOTAL EXPENSES 19,005. 48,381 29,376 56,839 85.1 EXCESS REVENUES OVER EXPENSES 5 28,355 (357) 5,370 5 (5,727) 6.2 Item Explanation of items percentage received/expended less than SO% or greater than 120% and $ variance u-eater than $10,000. II) NONE $250,000 $200,000 $150,000 S100,000 $50,000 $- January March Water Sales Comparison 20XX - 20XX May 20XX --(3-20XX 2UXN July September November CITY OF SAMPLE, MINNESOTA STATEMENT OF REVENUES AND EXPENSES - BUDGET AND ACTUAL - SEWER FUND (UNAUDITED) FOR THE THREE MONTHS ENDED MARCH 31, 20XX SEWER FUND Attachment D Percent Received or Expended Actual Actual Variance - Budget Based on Thru Thru Favorable Thru Budget Thru 3/31/20XX 3/31/20XX (Unfavorable) 3/31/20XX 3/31/20XX REVENUES Charges for services $ 14,743 $ 15,935 $ 1,693 $ 18,860 Miscellaneous - 347 347 250 TOTAL REVENUES 14,243 16,282 2,040 19,110 84.5 '1/0 138.8 85.2 EXPENSES Salaries and benefits 5.855 5,374 (531) 6.475 82.2 Supplies 3,139 I 12 (3,027) 1,000 I 1.2 Other services and charges 1,755 1,716 (39) 2,334 73.5 Repair and maintenance 1,379 374 (1.005) 129,125 0.3 Utilities 480 1,549 I .069 2,500 62.0 Interest - - 1,370 - Depreciation 19,950 19,950 19,950 100.0 TOTAL EXPENSES 12.608 79,075 16,417 162,704 17.8 EXCESS REVENUES OVER EXPENSES 8 1.635 S (12.743) 8 130,850 $ (143,593) 8.9 '1,l, Item Explanation ( '.teins Dercenta2e received/expended less than SO% or greater than 1209l, and $ variance 2.rcater than SI 0.000. (1) NONE $90,000 $80,000 $70,000 $60.000 $50.000 S40.000 $30,000 $20.000 $10.000 $- S(10,000) $(20,000) Sewer Sales Comparison 20XX - 20XX January February March April M ay June July August September October November December •(,.›* 20X X 3»20XX... .20XX ft1t • City of Lake Elmo Lake Elmo, Minnesota Submitted February 7, 2017 AEM Financial Solutions, LLC Grandview Square 5201 Eden Avenue, Suite 250 Edina, Minnesota 55436 952,835.9090 Contact Person Jean D. McGann, CPA 952.715,3059 jean.mcgann©aemfinancialsolutions,com ill )0 FICK fViEY. AEM Financial Solutions' TABLE OF CONTENTS Letter ofTransmittal Welcome toA@DQ,QlCK& M6YERS.LLp Firm Qualification and Experience Governmental Client Services Personnel Agreement for Financial Services Scope of Services Similar Engagements with Other Governmental Entities Agreement for the Provision of Professional Services Appendix A Professional Biographies ` /4EMFinanCia/Solutions = LETTER OF TRANSMITTAL KhohnoMand City ufLake Elmo 3808 Laverne Ave, N Lake Elmo, Minnesota 55042 Dear Kristina, February 7.2O17 Thank you for the opportunity tosubmit this proposal to the City of Lake Elmo, Minnesota (the City) for interim accounting services, Based on our past experience with cities of comparable size and complexity, we believe our structured contract with defined outcomes offered thmughAEM Financial Solutions, LLC (AEMFO)wmu|d provide the City with excellent interim accounting services Our solution will provide excellent financial accounting service during your transition period with employees and tap into the best practices we have developed over the paot50 years we have been in business. Our proposal is based an the past work we have gone. the needs of the CUy, and the experiences we have had working with other cities. The proposal outlines the scope of services we believe will address the needs ofthe City. The term of this contract shall be from February 13, 2017 through April 14, 2017 or when the City hires a permanent employee. An AEMFS representative will be in the City offices as necessary to per -form responsibilities as noted on the Scope of Services page. Services will also beperformed remotely annecessary, Investment bythe City for services isindicated inthe financial page, AEMFS would like to thank the City for the opportunity. We look forward to exceeding your expectations and developing a long-term, mutually beneficial relationship. 5innana|y, AEMFinancial Solutions, LLC an Abdo, Eick&Meyers, LLP Company JeanO. McGann, CPA President, AEM Financial SoluVpno, LLC Partnar, Abdo' Eick&Meyers, LLP sd:r"mmsae -2- Welcome t ABDO EICK & MEYERS LLP "The investments into our People and Process make adifference forynuou/valuedclienLWe foouuunthe challenges andneodatiat are relevant toyour business orgovernment agency. This allows us tnbothoughtful inour approach inproviding you with the best solutions, and leaves you assured in the value nfour deliverable, ~ VVefocus recruiting efforts on Minnesota state colleges and universities. Innovative recruiting strategies, including astrong social media presence, allow uxtoattract top talent. Our process begins with listening. VVeinvest time 10better understand your goals and challenges, Steve McDonald - Managing Partner We've invested inostate-of-dieart, on -site training facility and afull-time Learning Director to ensure our team inprepared toexceed your expectations. Active engagement whUDFK International and domestic industry associations allows uatoprovide maximum value toyour organization. .w,mN^nom^uos^ K U v -, 1.4e, Ao - IA,Ocless VVefocus onclient results and reward our team based onspecific goals, not hours billed. Combing our internal expertise and technological resources with what we've learned about you allows uuto deliver asolution that exceeds your expectations, , -3- FIRM QUALIFICATIONS AND ExPER{ENCE For over 50 years, we've helped local governments throughout Minnesota serve their communities more efficiently. Authe leading governmental auditing firm in the state, we provide accounting, financioi and audit services 10over 2O0governmental entities. In 2008. weestablished AEM Financial Solutions, LLC (4EMF3) ecompany dedicated toproviding day-to-day accounting and financial management services for local governments, The success ofAEMF3stems from having over 17years ofgovernment finance and audit experience, six years of Big Four accounting Firm, and over 50 years of providing governmental services in Minnesota Asmnintegral part ofyour team, *ework with you 0odeliver ona-of-o'kindsolutions for improving best practices inyour entire organization. You can expect to work with our partners and managers to resolve issues ranging from operational effectiveness to long term planning and workflow. AEMFS isadivision cfAbdo, Buk& Meyers, LLP(the Finn), Overall the Firm has aprofessional staff cfmore than 1J1inits Edina and Mankato offices, AEMFS specializes in the governmental industry, The following summarizes the type of services we provide. Governmental Client Services Our governmental client base iscomposed ofcities, municipalities and other public entities, They are osfollows: ~ Finance director services for approximately 17cities, o 2municipal clients receive the GFOA'ocertificate of achievement for excellence infinancial reporting " Process evaluation studies and recommendations • Operational effectiveness " Work flow implementation ° Request for proposal development ~ Project feasibility analysis • Rate studies, long term strategic planning and capital improvement planning ° Budget development and analysis Personnel AEMFShas atremendous level ofexpertise and experience inproviding Governmental services, Detailed biographies can bofound in Appendix A. This detail will demonstrate that when combined, we have over 55 years of providing solutions to governmental entities along with over 25years ufprivate sector experience, Our substantial governmental client base and commitment ofstaff togovernmental services has provided our finnwith the competence ozserve your professionally and efficiently, 85 25 20 15 10 5 0 1 � � 22 ' 17 � ` 8 � 6 Partners / Managers / Accounting Support Staff Total Presidents Supervisors Staff Non -CPA CPA -4- AGREEMENT FOR FINANCIAL SERVICES THIS AGREEMENT, is made and entered into on February 7, 2017 by and between the City of Lake Elmo, Minnesota (hereinafter referred to as the "City"), and AEM Financial Solutions LLC (hereinafter referred to as the "Contractor"). Articles of Agreement & Recitals WHEREAS, the City is authorized and empowered to secure from time to time certain professional services through contracts with qualified consultants; and WHEREAS, the Contractor understands and agrees that 1. The Contractor will act as an Independent Contractor in the performance of all duties under this Agreement, Accordingly, the Contractor shall be responsible for payment of all taxes, including federal, state and local taxes and professional/business license fees arising out of the Contractor's activities: 2, The Contractor shall have noauthority tobind the City for the performance ofany services m&oobligate the City, The Contractor is not an agent, servant, or employee of the City and shall not make any such representations or hold himself/herself out oosuch; I The Contractor shall be the exclusive outsounced accounting service provider for the City during the term of this Agreement; 4, The Contractor shall perform all professional services in a competent and professional manner, acting in the best interests of the City atall times. 5. The Contractor shall not accrue any continuing contract rights for the services performed under this contract. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, it is agreed as follows: ARTICLE I INCORPORATION 0FRECITALS The recitals and agreement set forth above are hereby incorporated into this Agreement, ART|CLEU LIABILITY INSURANCE Section Liability lnsurance� The Contractor shall obtain professional liability insurance, at their expense with liability insurance coverage minimums in the amount of $2,000,000, which Contractor must secure and maintain during the term of this Agreement, Contractor will provide City with proof of liability insurance coverage under this Agreement in writing upon request by the City, AGREEMENT FOR FINANCIAL SERVICES -CONTINUED ARTICLE III DURATION OFTHE AGREEMENT Section Duration: This Agreement shall commence upon date of execution by all parties and will remain in effect until April 14, 2017 or when City's new employee is hired as provided in Sections 2 and 3. Section Ch/sTermination Rights: City may terminate this Agreement upon thirty (30) days written notice in the event the City determines mits sole discretion that bisnot inthe Cby'sbest interest tocontinue using Contractor's services, The City may terminate onten (1O) days written notice of the Contractor fails toperform its obligations under this Agreement, Section Contractor's Termination Rights: Contractor may terminate this Agreement upon thirty (30) days written notice to City in the event City does not pay Contractor compensation as required under Article 5, Section 9 within fifteen (15) days after invoice is received by City, In the event of non-payment within thirty (30) days, Contractor shall give City an opportunity to cure the default by giving a notice of such non-payment and an additional five (5) days after the City's receipt of the notice to remit such payment, prior to giving a notice of termination- Contractor can also terminate the Agreement with one hundred twenty (120) days written notice if the Contractor believes i1iuinits best interests Voterminate the Agreement, ARTICLE IV RENEWAL OF THE AGREEMENT Section I Renewal Period: Not less than ninety (90) days prior to the expiration of this Agreement, the City may provide written notice of intent to renew this Agreement for an additional term of up to three years upon terms and conditions agreed upon by both parties to the Agreement. If no such renewal agreement is executed by the parties, the Agreement terminates without further action of either party unDecember 31.2015urwhen the City'onew employee iatrained. ARTICLE V Section Authorized City Agent: TheCdy's authorized agent for the purpose ofadministration cf this Agreement is the City Administrator, Said agent shall have final authority for approval and acceptance of the Contractor's services performed under this Agreement and shall further have responsibility for administration of the terms and conditions of this Agreement. All notices under this Agreement shall be sent to the person and address indicated below on the signature lines, Section 2Amendments: Noamendments orvariations ofthe terms and conditions ofthis Agreement shall bevalid unless in writing and signed bythe parties. Section 3 Assignability: The Contractor's rights and obligations under this Agreement are not assignable or transferable. Section 4Data: Any data or materials, including, but not limited to, reports, studies, photographs, negatives, or any and all other documents prepared by the Contractor or its outside consultants in the performance of the Contractor's obligations under this Agreement shall be the exclusive property of the City, and any such data and materials shall be remitted to the City by the Contractor upon completion, expiration, or termination of this Agreement, Further, any such data and materials shall be treated and maintained by the Contractor and its outside consultants in accordance with applicable federal, state and local, Further, Contractor will have access to data collected ormaintained bythe City to the extent necessary to perform Contractor's obligations under this Agreement. Contractor agrees 0omaintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 or other applicable law (hereinafter referred to as the "Act"), Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Upon receipt ofa request to obtain and/or review data as defined in the Act, Contractor will immediately notify the City. The City shall provide written direction to Contractor regarding the request within a reasonable time, not to exceed fifteen (15) days. The City agrees toindemnify, hold harmless and defend Contractor for any liability, expense, cost, damages, claim, and action, including attorneys' fees, arising out of or related to Contractor's complying with the City's direction. Subject to the aforementioned, Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements nfthe Act. Upon termination and/or completion of this Agreement, Contractor agrees toreturn all data tothe City, as requested bythe City. '6- AGREEMENT FOR FINANCIAL SERVICES - CONTINUED ARTICLE V'CONTINUED GENERAL CONTINUED Section 5Entire Agreement: This Agreement is the entire agreement between the City and the Contractor and it supersedes all prior written or oral agreements. There are no other covenants, promises, undertakings, or understandings outside of this Agreement other than those specifically set forth. Any term, condition, prior course of dealing, course of performance, usage of trade, understanding,or agreement purporting to modify, vary, supplement, or explain any provision of this Agreement is null and void and of no effect unless in writing and signed by representatives of both parties authorized to amend this Agreement. Section OCevmnabi|ity:All terms and covenants contained inthis Agreement are severable. |nthe event any provision ofthis Agreement shall boheld invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such invalid terms or covenants were not contained herein and such holding shall not invalidate or render unenforceable any other provision hereof. Section 7Contractor Fiscal Decision Waiver: Contractor isresponsible for providing the City with timely and accurate financial recommendations and information that allows City Council the ability to make final financial decisions. Contractor will provide final financial recommendations, but is not responsible for the final decisions made regarding financial matters. Section OCity Employment ofContractors Employees; Should the City desire tuemploy the Contractors employee that isassigned tu the City during the term of this Agreement, it must have the written consent of the Contractor to enter into a City employee contract with the Contractors employee. Should the Contractor agree to such arrangement, the agreement will include a payment equal to 50% of the annual contracted cost, in addition to the annual contracted cost already paid to the Contractor, This restriction onemployment applies only during the term pfthis agreement. Section 8Compensation: The parties agree that the Contractor shall be paid compensation for the services provided hereunder, payable for work performed in accordance with this Agreement, based on the fees indicated in Table 1 and under the attached scope of services. Additional fees will not bsincurred without phurapproval ofthe City, Investment b,Citv HnudvRate Senior Client Services Accountant $ 145 Paym||/HROpeda|ist $ 145 Other AEMstaff asrequired $ 125'330 The Investment bYthe City will bobased onthe number ofhours worked with amonthly basis, Monthly installment fees will beinvoiced throughout the remainder /f this contract. Section 1QOutside Contractors: |tshall bethe responsibility ofContractor Vocompensate any other outside consultants retained nr hired by Contractor to fulfill their obligations under this Agreement and shall be responsible for their work and Contractor, by using outside contractors, shall not be relieved of its obligations under this Agreement, -7- SCOPE OF SERVICES Contract Task city Planned Time Responsibility Frame 1. Payroll City Administrator to review and Process payroll approve Ui-weekly City Administrator toreview and Prepaps941 report approve Quarterly Prepare MNWithholding Monthly/quarterly Prepare MN Unemployment tax Monthly/quarterly Prepare Wage detail report Monthly/quarterly %. Accounts payable City Administrator tureview and Review coding ofbatches input byCity staff approve Weekly City Administrator »o review and Prepare sales and use tax report approve Monthly 3. Accounts Receivable City Administrator tnreview and Process accounts receivable approve Weekly City Administrator to review and Prepare and reconcile escrow billings approve Monthly Provide guidance on cash receipting and coding of deposits 4. Miscellaneous Tasks Maintain office hours otDaweek cxaearranged inadvance with the City Administrator. May also utilize video oonferanuingas appropriate SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENTAL ENTITIES We have long-term relationships with many cities in Minnesota and have provided a sample of references of those we serve as their Finance Director, Additional references are available upon request. City of New Hope Kirk McDonald |763.531,5112 Engagement Partner - Steve McDonald City vfPine City Ken Cammi||eh|32V,6292575 Engagement Partner - Jean McGann City ofForest Lake Aaron Parrish |851�2V8.S75O Engagement Partner ' Jean McGann City ofLoSurv, Jsne||eTeppen15OTOO5,64O1 Engagement Partner Jean McGann City of|santi Don Lorsung17OJ4445512 EngsgementPartoer-JeanMcGann -9- AGREEMENT FOR THE PROVISION OF PROFESSIONAL SERVICES CITY OF LAKE ELMO,MINN0SOTA WHEREFORE, this Agreement was entered into on the date set forth below and the undersigned, by execution hereof, represent that they are authorized to enter into this Agreement on behalf of the respective parties and state that this Agreement has been read by them and that the undersigned understand and fully agree to each, all and every provision hereof, and hereby, acknowledge receipt of acopy hereof. Name Title Name Title Date Name Title Date City ofLake Elmo 3808Laverne Ave, N Lake Elmo, Minnesota 55O42 AEM Financial Solutiomn.LLC 5201 Eden Ave. Suite 250 Edina, Minnesota 55436 President Febmam7.2U17 Mrs. McGann joined the Firm in 2013, She is licensed topractice nmuCPA in Minnesota. Jean leads the Financial Solutions group providing financial management services, day-to-day accounting and customized solutions for local governments and nonprofit agencies. Outside n/work Jean enjoys spending time with family and friends, Jean resides inTwin Cities with her husband and their 2 children. . Partnl�nrf� � President er �^^��� ����� � �������v^"/� Direct line 952715.3U5G Qualifications ° 18ynars ofexperience ingovernment finance and auditing ° Over 7years cfexperience inoperations management ~ Experienced instrategic planning and financial forecasting ° Experienced inidentifying and implementing cost containment processes ° Policy development, internal control evaluation and project management experience Professional Memberships ° American Institute ofCertified Public Accountants (4|CPA) • Minnesota Society ofCertified Public Accountants ° Minnesota Government Finance Officers Association • Government Finance Officers Association nfthe United States and Canada Education ° Bachelor ofArts, Buena Vista University, Storm Lake, Iowa ° Continuing professional education asrequired byA|CPAand Government Accountability Office Ms. Bauman joined the firm in20l5 after working for many years inCity government finance. She has previously held the position nfFinance Director for two cities ioMinnesota, Gayle has experience inall o"*zaanf governmental finance including budgeting, capital planning, debt, financial reporting and cash management. Finance departments provide Support \oall city departments and Gayle ivcontinually looking for efficiencies to assist others in doing the best job they can do, |nher free time, Gayle enjoys golfing, reading, crafts and spending time exthe family cabin in northern Wisconsin. ]' ���'���� Services �� ^����^^��v�ana�»er c� Direct Une952715.J075 gnyle,bauman@aomfinancia|uo|udona,com Qualifications ° Over 18years ^fexperience working inCity government finance ° Experience with budgeting, capital planning and debt management • Budget reviewer for the Government Finance Officers Association Professional Memberships ° Minnesota Government Finance Officers Association • Government Finance Officers Association Education ° Bachelor oyScience in Accounting. Gustavus Adolphus Qd|oge n Minor inMathematics • Continuing professional education crry LAKE ELMO STAFF REPORT DATE: February 7, 2017 REGULAR ITEM #: 16 AGENDA ITEM: Planning Commission Appointment SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to Council approval and the requirements of the Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the Council. The Planning Commission shall consist of 7 voting members and 2 non -voting alternate members. The voting members shall be appointed for a 3-year term so that only 1/3 of the appointments will expire on December 31 of each year. Wendy Griffin submitted her resignation from the Planning Commission on January 30'. ISSUE BEFORE COUNCIL: Whom should the Council appoint to the Planning Commission as second alternate? PROPOSAL: Wendy Griffin's term goes until 12/31/18. As first alternate, Kristina Lundquist should be moved up to fill Griffin's term as a matter of ordinance since there is a vacancy. Kathy Haggard then would move from second alternate to first alternate. The following individuals have previously expressed an interest in being appointed to the Planning Commission: Jesse Hartley Terry Emerson OPTIONS: Any of the individuals above could be appointed as second alternate to the Planning Commission. RECOMMENDATION: "Move to appoint to the Planning Commission as 2"d alternate" "ll CITY F LAKE E MO STAFF REPORT DATE: February 7, 2017 REGULAR ITEM #: 17 AGENDA ITEM: Maintenance Advisory Committee Operating Policies and Procedures SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: As was discussed at the January 31 meeting, the Maintenance Advisory Committee (MAC) has been in place for about 25 years. Their last meeting was in July 2015. The committee has been in place to assist with the selecting the specifications for public works and fire department equipment. Once the public safety committee was created in 2013, they began to oversee the recommendations for fire department equipment. No formal operating policies or procedures could be located. ISSUE BEFORE COUNCIL: What should be the operating policies and procedures for the Maintenance Advisory Committee'? PROPOSAL: Included in your packet are the proposed operating policies and procedures for the MAC. The conirnittee's duties will be to: A. Review and recommend the purchase and specifications of vehicles included in the City's Capital Improvement Plan for the Public Works Department including streets, parks, water and sewer vehicles B. Assist staff with recommendations on needs for future Capital Improvement Plans C. Advise on the useful life of heavy equipment and cost/benefit of when to replace equipment through purchase or trade So far, we have only received one application for appointment to this committee. Staff would continue to advertise for applicants and hope that once the policies and procedures are clearly defined, there may be more interest from the community. FISCAL IMPACT: NA OPTIONS: 1) Approve the MAC Operating Policies and Procedures 2) Amend and then Approve the MAC Operating Policies and Procedures 3) Do not adopt Operating Policies and Procedures for the MAC RECOMMENDATION: "Motion to adopt the MAC Operating Policies and Procedures." ATTACHMENTS: • MAC Operating Policies and Procedures T1 IF CITY OF �r�� �—�� ���-� K I�.8`�8—� ���U ^1��8�_� Maintenance Advisory Committee Operating Policies & Procedures Scope& Purpose: In conjunction with public works staff, to aid the City Council in the scoping and selection of heavy equipment for the Public Works Department Committee Duties: A. Review and recommend the purchase and specifications of vehicles included in the City's Capital Improvement Plan for the Public Works Department including streets, parks, water and sewer vehicles B. Assist staff with recommendations on needs for future Capital Improvement Plans C. Advise on the useful life of heavy equipment and cost/benefit of when to replace equipment through purchase Vrtrade Meeting Schedule: As needed, Committee Composition: Five citizen members who are experienced inauto mechanics, diesel engines, n/asaheavy equipment operator. Citizen members will serve byappointment ufthe City Council for 1hree'year,staggered terms. STAFF REPORT DATE: February 7, 2017 REGULAR ITEM #: I S AGENDA ITEM: Environmental Committee Operating Policies and Procedures SUBMITTED BY: Kristina Handt. City Administrator BACKGROUND: The Council last adopted the Environmental Committee Operating Policies and Procedures in November 2015. At the January 3"I meeting, there was some discussion about limiting the scope of the committee, ISSUE BEFORE COUNCIL: What should be the operating policies and procedures for the Environmental Committee? PROPOSAL: Included in your packet are proposed changes to the Environmental Committee Operating 'Policies and Procedures. In order to narrow the scope, staff would recoinmend removing storm water runoff and storm water management (already covered by ordinance, state rules for reporting, etc.), water quality improvements (this is the main purpose of the watershed districts), wetland conservation and management (covered by state and federal rules and oversight from the watershed districts), addition of composting to reflect the fall leaf drop off days event the committee conducted last year, ground and drinking water (removed since it is covered by a host of state and federal regulations), include water conservation as that is an area the city could look to develop more policies, programs or educational efforts. The second item was removed, as the committee did not seem to address any of these notifications separately from any agenda item they were already covering so it seems redundant. The meeting schedule is currently to be determined as many found that the Sam Friday time could be difficult to attend themselves or difficult for the public to attend. Lastly, the composition has been update to include five voting age citizens of Lake Elmo and to have them serve three year staggered teens similar to other commission and boards in the city. So far, we have seven applicants for the committee and anticipate at least one more based upon forms we have distributed. The Council may want to set a deadline for applications, then follow up with interviews or a review ofapplications, and make appointments. FISCAL IMPACT: NA OPTIONS: I) Approve the Environmental Operating Policies and Procedures 2) Amend and then Approve the Environmental Operating Policies and Procedures 3) Do not adopt Operating Policies and Procedures for the Environmental RECOMMENDATION: "Motion to adopt the Environmental Committee Operating Policies and Procedures as presented." ATTACHMENTS: • Environmental Committee Operating Policies and Procedures-redlined Environmental Committee Operating Policies & Procedures //x,'AT) ,"' HAI() Scope 66Purpose: The committee will seek toimprove the environment in Lake Elmo, and will act as a liaison between the community, regulatory agencies, private businesses, city staff, and city council. Committee Activities: A. The committee will advise and make recommendations to the city council on matters pertaining to: v solid waste recycling ` ° air quality * tree preservation w energy,, ' conservation ° other environmental issues �-.'�,The committee seeks to ensure Lake Elmo retains status as a Minnesota Green Step City and Tree City The committee will publicly recognize residential and business property owners who have demonstrated proactive initiatives to protect the environment and/or save energy. ��Jhe committee will sponsor community events having an environmental focus (including those that will satisfy application criteria for Washington County recycling grant). Meeting Schedule: Committee Composition: . Citizen members will serve by appointment of the City [uund| Submitted: -11 IF CITY Cil: LAKE ELMO AGENDA ITEM: SUBMITTED BY: REVIEWED BY: BACKGROUND: Staff Report Planning Department 2017 Work Plan Stephen Wensman, Planning Director Emily Becker, City Planner Planning Commission DATE: REGULAR ITEM #: 19 MOTION Each year the Planning Staff and the Planning Commission prepare an annual workplan for the Department. The 2017 workplan was reviewed by the Planning Commission in December 2016. The workplan has been simplified from prior years, eliminating completion date goals. The Council typically reviews the work plan and provides comments as needed about Department tasks and priorities. The primary intent of the work plan is to help prioritize the projects the Planning Staff and Planning Commission will be reviewing over the course of 2017, and to also help keep the Commission informed about the internal planning related activities and projects that will be undertaken by the Staff over the coming year. This is a working document that provides guidance to the Commission and Council yet has the flexibility to respond to priorities as they emerge. It will also help the Commission and Planning Staff to gauge its progress at achieving some of its goals for the year. ISSUE BEFORE COUNCIL: Review and provide comment regarding Planning Department tasks and priorities for 2017 as needed. OPTIONS: 1. Approve the workplan as presented 2. Amend the work plan. FISCAL IMPACT: Not yet specified. Certain items on the work plan may require outside assistance, such as the zoning code codification and work on a fonn based code. Staff will seek Council direction as appropriate prior to utilizing such assistance. RECOMMENDATION: Staff and the Planning Commission recommended the following motion: City Council Workshop January 24, 2017 Agenda Item #19 "Move to accept the 2017 Planning Development Department Work Plan" ATTACHMENTS: 1. 2017 Planning Development Department Work Plan 2 2017 Planning Department Work Plan Prepared by the Lake Elmo Planning Commission:11/28/16 Accepted by the City Council: Status PL Key W. CITY ()I' LAKE ELMO C — Complete IP — In Progress Priority Level (1-5 with 1 being the highest priority) Project and Description Zoning Map Amendments • Update Zoning Map to change Village parcels to VMX consistent with the Comprehensive Plan 2 Zoning Text Amendments • Codify Zoning Ordinance • Public Facilities ordinance amendments • Home Occupation Ordinance • Update PUD Ordinance to match OP PUD Process • Outdoor Lighting Ordinance Revisions • Wireless Communications Ordinance for Microcell technology • Create new zoning district for Washington County Landfill consistent with the MPCA • Create V-LDR V-MDR District and Regulations • Repeal Article XIV — OP Alt District • Draft a form -based code to supplement the Village Mixed -Use zoning district based on the scope of work (Incorporate design standards from the Design Standards Manual as part of a form -based code) • Obtain DNR approval of revised Shoreland Ordinance • Adopt final version of Shoreland Ordinance based on DNR approval • Resolve zoning conflicts with the Metropolitan Airports Commission, Met Council, MnDOT, and Washington County • Implement City airport zoning regulations for the airport safety 4 zones within the Village Planning Area • Solar garden/solar power ordinance 3 • Wind power ordinance 3 Subdivision Ordinance Amendments • Platting for Minor Subdivisions 5 • Update subdivision submission requirements 1 • Prepare update to incorporate updated engineering standards 4 1 PL Status IP 1 5 3 2 5 4 3 IP 1 IP 3 IP 5 1 1 IP 4 IP IP IP Comprehensive Plan Amendments 2040 Comprehensive Plan Update 1 IP Plan for possible density reductions and reguiding land use in 1 IP the Village and 1-94 area to address changes in the 2015 system statement • Amend Rural Single Family land use description to allow for sewer service within the MUSA & Amend Village MUSA • Assist with the creation of a master plan for selected City 3ip parks, provide assistance to Parks Commission as needed • Prepare CPA to guide RR and A parcels less than 20 acres in size to RE Other Planning Initiatives • Submit application for new Village Parkway railroad crossing 2 • Update Village AUAR 1 • Develop a policy or ordinance for stormwater reuse. 3 • Update City's Master Developer Agreement 1 IP • Add/Review Planning Module from Permit Works to track 3 planning and zoning applications • Investigate conservation easement holder options/city policy 1 • Research /develop drone policy or ordinance 5 Ongoing Planning Activities • Update Parks 10-year CIP 2 IP • Planning Commission review of 10-year Capital Improvement 2 Plan for consistency with the Comprehensive Plan • Provide support to code enforcement program with the 3 IP Building Inspector as the City's code enforcement officer • Archive older zoning files 4 IP • Streamline & Improve Policies/Procedures for the handling of 1 IP routine land matters including but not limited to variances, site plan review, setbacks et al; 2 THE CHM: OF LAKE ELMO Staff Renort DATE: ITEM #: 20 MOTION AGENDA ITEM: Parks Commission 2017 Work Plan SUBMITTED BY: Emily Becker, City Planner REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Stephen Wensman, Planning Director Parks Commission BACKGROUND: Per 32.087 of the Lake Elmo City Code, the Parks Commission is to develop an annual work plan, including a list a projects, points of interaction on projects, programs, and goals for the year. Staff drafted the 2017 Parks Commission Plan of Work, and it was reviewed by the Parks Commission at its December 2016 meeting. The Plan reaffirms the overall goals of the Parks Commission and outlines projects to be worked on throughout the year yet has the flexibility to respond to priorities as they emerge. The projects are broken down in to the following categories: Reaffirmation of overall goals — What are the overali goals the Parks Commission would like to accomplish? Planning & Audit — What does the Parks Commission wish to plan for in the coming year? Development & Equipping — What projects does the Parks Commission wish to carry out this year? o This would be limited to projects approved through CIP. o This gives opportunity to break down specific tasks associated with developing and equipping. Maintenance & Refurbishing - What maintenance and refurbishing (costs not to be associated with Parks funding) does the Parks Cominission wish to be seen carried out? Nature & Conservation — What specific activities can the Parks Commission carry out this year to promote open space character and commitment to the environment via nature observation amenities and targeted conservation programs? Park Awareness — What can the Parks Commission do to promote utilization of City Parks? Finance — How, specifically, does the Parks Commission plan to spend and budget Parks and Recreation funds? o This will of course go hand -in -hand with planning and audit but this specifically should focus on next tasks to be carried out in terms of budget. City Council Workshop January 31, 2017 Agenda Item # Status. The "Status" column helps the Commission and Staff gauge its progress at achieving some of its goals for the year. Timeline. The Commission has suggested adding a timeline that will indicate which meetings during which the proposed projects will be discussed. ISSUE BEFORE COUNCIL: Review and provide comment regarding Parks Commissions 2017 Plan of Work as needed. OPTIONS: 1. Approve the Parks Commission 2017 Strategic Plan of Work as presented. 2. Amend the Parks Commission 2017 Strategic Plan of Work arid approve. FISCAL IMPACT: Not yet specified. Some projects may require an amendment to the Capital Improvement Program. RECOMMENDATION: Staff and the Parks Commission recommended the following motion: "Move to accept the 2017 Parks C0111111iSSi011 Plan of Work." ATTACHMENTS: 1. 2017 Parks Commission Strategic Plan of Work 2 TU[C|TY0F K �rX�� D � ��-� U /��8�.8�� �� K �l��8»`_� 2017 Parks Commission Strategic Plan of Work The [byofLake Elmo Park[ommissionhas affirmed theirovemUQoalstobe: I)Ensure that our parks and trail system are constructed /maintained. 2) Provide recreational amenities that will attract more taxpayer use of public lands. 3) Create a safe environment inall our parks. 4) Serve as a review body to make sure the "open space" character development is preserved in new developments. With the broader priorities defined, the 2017 Park Commission Strategic Plan of Work has been broken down into six segments: Planning & Audit; Park Development Q Equipping; Maintenance & Refurbishing; Nature @ Conservation; Park Awareness; and Finance. Status and Timeline (projected months inwhich project will bebrought toParks Commission meeting) are also indicated )norder tobetter manage goals and objectives. wMZr.v1 (ww*+I~= Assess future park needs. Project Specific Tasks Work with the County °Recommend alternative routes for onupdating the regional trail, asC3AH171ndowntown Central GreenvvayTrail Lake Elmo may nolonger hebest Master Plan. route, and County now has jurisdiction ° Work with staff on outlining missing In Progress trail connections inonjertocreatea plan that can effectively communicate todevelopers planned trails within the City. ° Part of Comp Plan 2040 update. ° Work with staff and consultant togain Not started public input on Parks and Open Space component of Comprehensive Plan. ° Consider recommendations from Staff and consultant based oncommunity input sessions. ° Make recommendation tuCouncil on specific changes needed tn Comprehensive Plan. * Staff toobtain N8NLand Trust In Progress March approval. • Council to approve in early 2017 Update City Trail Plan Work onthe Parks and Open Space component mfthe I040Comprebensime Plan update. Sunfish Lake Park Plan approved by Council. Status Timeline Recognition from Based on the County that it County's will work with City schedule an this Plan. Dependent on consultant timeline Dependent on consultant Begin work onapproved projects (those iothe Capital Improvement Plan onhave received form of funding approval). Project Specific Tasks Lions Park Renovation °Make recommendations onspecific designs. Savona Park ° Receive recommendation from Savona residents nndesign. ° |ndu6eQrading/tmye removal in park budget, ° Review proposals tnensure $1SO\OUO recommended budget |smaintained. Pebble Park ° Obtain quotes for approved Improvements improvements in 2017 (restnmnms, lighting, and security featwres). ° Make recommendation *nquotes. Hammes Park * Review planned equipment/amenities planned for Hammes Park before installation Status ideas presented and recommended at January Meeting — Architect tobegin drafting plans based on recommendation Obtained recommendations from Savona residents Timeline March February Staff to obtain May quotes from vendors Amenities themselves approved per Development Agreement. Review design before installation Dependent on developer's submittals * Obtain quotes September ����� ����� ��� � ��. Maintain and upgrading park facilities in a manner that increases park use for a relevant experience. New soccer and tennis ° Funding approval (estimated $11OQ)? Recommended by July nets, replace swing ° Public works tocarry out maintenance. Public Works seats, add benches and garbage cans. Move play equipment ° Funding approval? Recommended by July at Ridge Park to higher a Public works to carry out maintenance. Public Works area that does not have standing water. Replace plastic edging at existing parks with concrete. Look atoptions to replace wood chips & remove thistle Develop a5'Year Maintenance Plan of parks Make recommendations on maintenance priorities. ° Funding approval? • Public works to carry out maintenance. ° Staff to create plan for thistle removal. ° Gain input onalternative options for m/oodchips. ° Staff tocarry out thistle removal and wood chip replacement. ° Create plan based on necessity ��Z 1 ;!: 1 � Recommended by July Public Works July July Ongoing ission Statement: To promote the open space character and commitment to the environment via nature observation amenities and targeted conservation programs. Project Sunfish Lake Forest Management Plan Sally ManzaraNatuoe Center Mission Statement: Project ea park awareness plan. Specific Tasks ° Obtain approval from MN Land Trust. ° Break down plan lntumeasurable goals * Implement plan. ° Review and make recommendation pn Nature Center lease agreement and plans. ° Explore opportunities tpwork with Friends ofLake Elmo onnew programs and/or events inSunfish Lake Park. ^ Status Timeline [>b1ainedapproval June �m MN Land Trust In Progress StatuAs needed s � ` February TimelinAs needed e � &1issiqnStatennent:ToeRecdvekyspend paMWandded|cadmnfunds tmnmeetthe objectives ofeach year's Strategic Plan of Work while maintaining a minimum fund balance of $100,000. ProjectS�dOcT�ks Update Capital °Reassess funding prioh�eyasneede± Improvement Plan if needed toaccmnnp|�h goals mudinedherein. Status As needed Timeline Mey � Topromote the utilization ofCity Parks. Specific Tasks ~ Special events, publications, xvehsite wpdate,e'blasts ° Public input sessions for Comprehensive Plan update Formal Policy on How Parkland Dedication Should Be Used Tablyn Park CIP Amendment Demontreville Park Improvements Sunfish Lake Park Improvements • Draft and make recommendation on a formal policy on: • How parkland dedication funds should be allocated for new developments. • Sizing of parks within developments. • $500 per home for a neighborhood park has been used in the past. • Add rest of Tablyn Park improvements to CIP • Add Demontreville Park improvements to CIP • Add Sunfish Lake Park Improvements to CIP Not included on 2017-2021 draft to Council Removed from 2017-2021 draft by Council Removed from 2017-2021 draft by Council March May May May