HomeMy WebLinkAbout03-21-17 CCMP
NOTICE OF MEETING
City Council Meeting
Tuesday, March 21, 2017 7:00 P.M.
City of Lake Elmo | 3800 Laverne Avenue North
Agenda
A. Call to Order/Pledge of Allegiance
B. Approval of Agenda
C. Approval of Minutes
1. February 14, 2017 Special Meeting
D. Public Comments/Inquiries
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements
3. Accept February 2017 Assessor’s Report
4. Accept February 2017 Building Department Report
5. Accept February 2017 Fire Department Report
6. Accept February 2017 Public Works Department Report
7. Authorize Advertising for Public Works Lead Position
8. Authorize Advertising and Hiring Summer Interns
9. Approve Well #2 Pump repair (CIP #W-011)
10. Approve Inwood Water Tower (No. 4) Pay Request No. 9
11. Approve Private Development Projects Security Reductions: Inwood 1st, 2nd and 3rd Additions
12. Approve Conditional Job Offers to Probationary Firefighters
13. Approve Wildflower 2nd Addition Developer Agreement – Resolution 2017-021
14. Approve SSTS Definition Amendment, Ordinance No. 08-171, Resolution 2017-022
15. Approve Medical Education Agreement with Regions Hospital
16. I-94 Lift Station and Sanitary Sewer Improvements – Approve Plans & Specs; Authorize Ad (4.20 Bid Date) –
Resolution 2017-023
17. Approve Costs for Survey and Appraisal of Washington County Landfill Site
18. Approve Preliminary Plat Extension for Village Park Preserve – Resolution 2017-024
19. Approve Library Board Appointment
20. Approve Rain Garden Maintenance Agreement
G. Regular Agenda
21. Prosecuting Attorney
22. Approve Cooperative Agreements with Washington County for Design and Construction and for Maintenance
for the CSAH 15/50th Street Traffic Signal and Pedestrian Improvements
23. Lakewood Crossing 2nd Addition Concept Plan PUD – Resolution 2017-020
24. Lake Elmo Farmers’ Market
25. Inwood Water Tower Logo
H. Council Reports
I. Staff Reports and Announcements
J. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
CITY OF LAKE ELMO
CITY COUNCIL SPECIAL MEETING MINUTES
FEBRUARY 14, 2017
CALL TO ORDER
Mayor Pearson called the meeting to order at 6:20 p.m.
PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer and Christine Nelson. ABSENT:
Councilmembers Fliflet and Lundgren.
Staff present: Administrator Handt and City Clerk Johnson.
City Administrator Handt explained that the previously selected financial services firm, AEM, withdrew
its interest in working with the City. Administrator Handt reported on staff work on identifying
alternatives and the lack of candidates available through temporary employment firms.
Barry Weeks, 3647 Lake Elmo Avenue North, commented on the treatment of AEM at the February 7,
2017 City Council meeting.
Mayor Pearson, seconded by Councilmember Nelson, moved TO AUTHORIZE THE CITY
ADMINISTRATOR TO SECURE FINANCIAL SERVICES AND AUTHORIZE THE MAYOR AND
CLERK TO EXECUTE ANY CONTRACT AFTER REVIEW BY THE CITY ATTORNEY. Motion
passed 3 – 0.
Meeting adjourned at 6:30 p.m.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: March 21, 2017
CONSENT
ITEM #2
MOTION
AGENDA ITEM: Approve Disbursements in the amount of $418,613.04
SUBMITTED BY: Brian Swanson, Finance Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Kristina Handt, City Administrator
FISCAL IMPACT: $418,613.04
SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council
is asked to approve disbursements in the amount of $418,613.04. No specific motion is needed
as this is recommended to be part of the Consent Agenda.
BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the
fiduciary responsibility to conduct normal business operations. Below is a summary of current
claims to be disbursed and paid in accordance with State law and City policies and procedures.
Claim # Amount Description
ACH $ 5,683.70 Payroll Taxes to IRS & MN Dept of Revenue 3/16/17
ACH $ 4,129.36 Payroll Retirement to PERA 3/16/17
ACH $ 1,000.00 Payroll Retirement to MDCP 3/16/17
DD 7782-DD7829 $ 59,846.95 Payroll (Direct Deposits) 3/16/17
45591-45671 $ 347,953.03 Accounts Payable 3/21/17
TOTAL $ 418,613.04
City Council Meeting [Consent Agenda Item 2]
March 21, 2017
-- page 2 --
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
$418,613.04.
ATTACHMENTS:
1. Accounts Payable – check registers
STAFF REPORT
-- page 1 --
DATE: March 21, 2017
CONSENT
ITEM #3
TO: Lake Elmo City Council
FROM: Dan Raboin, City Assessor
AGENDA ITEM: Monthly Assessor Report
REVIEWED BY: Kristina Handt, City Administrator
SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is
asked to accept the monthly assessor report for February 2017 outlining work performed on behalf of
the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent
Agenda.
MONTHLY ACTIVITY:
Property splits/plats – 0
Sales collected and viewed – 21
Taxpayer inquiries – 4
Miscellaneous inquiries - 7
Inspections – Residential – 4
Building permit reviews – 36
Pictures taken – 0
Other work performed included:
• Preparing for Open Book meeting. Printing field cards for 2018 Assessment.
• Monthly meeting with County residential and commercial supervisors.
• When not working in the field/inspections:
• Computer work includes but not limited to; data entry for all properties inspected, permit information,
sales verification using MLS and other resources, and telephone inquiries.
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
accept the February 2017 monthly assessor report.
STAFF REPORT
DATE: 3-21-17
CONSENT
ITEM #: 4
TO: Lake Elmo City Council
FROM: Mike Bent, Building Official
AGENDA ITEM: Monthly Building Department Report – February 2017
REVIEWED BY:
SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is
asked to accept the monthly building department report. No specific motion is needed, as this is
recommended to be part of the overall approval of the Consent Agenda.
MONTHLY REPORT: Below is a snapshot of the monthly statistics for February 2017.
Comparison data is also include from prior years for February for new home single family
construction and total permitting activity for the month. Attached are the system summary reports
breaking out this information further, including the statistics related to the inspection activity.
2017 2016 2015
New homes 26 12 3
Total valuation $9,601,611 $3,650,375 $1,252,702
Average home value $369,292 $304,197 $417,567
Total Permit Valuation YTD $12,403,386 $4,635,932 $1,402,666
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
accept the February 2017 monthly building permit report.
ATTACHMENTS:
1. Valuation Report
2. Permits Issued & Fees Report
3. Inspection statistic report for February 2017
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 5
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Month End Fire Department Update for February 2017
REVIEWED BY: Kristina Handt, City Administrator
ISSUE BEFORE COUNCIL: Review month end activity update from fire department. Advise on any
additional information requested.
PROPOSAL DETAILS/ANALYSIS:
We had a total of 36 calls in February:
1 Fire Alarm
1 Structure Fire
1 CO Alarm
3 Dispatched and cancelled en route
15 Medicals
1 Extrication of victim(s) from vehicle
2 Structure Fire Rekindles
1 Gas Leak
1 Good Intent Call
1 Grass Fire
6 Car accidents with injuries
1 Off road / heavy equipment fire
1 Smoke removal
1 Special Outside fire
36 Total
A command vehicle did not respond to 3 calls in February for a response rate of 92%. The average
response time for the month was an impressive 5 minutes. However, 15 calls had 3 or less responders
minus the CV/3178.
Department drills for the month:
#1 – CEU Cancer Awareness
#2 – Officer’s Meeting
#3 – Quarterly EMS with Regions
Points of interest:
- Both Captains attended Officer CEU training at the annual State Fire Officer School.
- Personnel attended and stood by for EMS assistance at two community ice fishing events.
- One of our personnel attended a gas Pipe line safety training seminar.
- Personnel conducted a “spring cleaning” drill at station two where trucks were checked and cleaned
and overall station maintenance and organizing was conducted.
MAYOR AND COUNCIL COMMUNICATION
DATE: 3/21/2017
CONSENT
ITEM #: 6
AGENDA ITEM: Public Works Director Report
SUBMITTED BY: Rob Weldon, Public Works Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Kristina Handt, City Administrator
ISSUE BEFORE COUNCIL:
City Council is asked to review and accept, as part of Consent Agenda, a brief description of activities
that have taken place in the Public Works Department in the month of February 2017.
PROPOSAL DETAILS/ANALYSIS:
• Meet w/AT&T on antenna update at Tower #1
• Meeting w/FOCUS Eng. on CSAH 14 re-alignment
• Meeting w/ Chief Malmquist to discuss confined space training
• MN Street Supt. Meeting
• Meet w/ Eagle Scout to discuss project at Sunfish Lake Park
• Request prices for street sweeping
• Request prices for Well #2 Maint.
• Begin chlorine feed injections system at Well #1
• Submit MN DNR Annual Water Usage Report
• Submit Tier II Report
• Attend Pavement Rehabilitation Seminar
• Post Spring Load Limit Signs
• Water service repair 31st St. N
• Sewer force main break Lake Elmo Ave.
• Meet w/Verizon at Tower #2
• 2 winter weather events
RECOMMENDATION:
Base on the activities listed above, City Council is respectfully asked to accept the February 2017 Public
Works Report.
STAFF REPORT
DATE: 3/21/17
CONSENT
ITEM #: 7
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Posting for Public Works Lead Worker
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: The City of Lake Elmo Public Works Department Staff consists of a Public Works
Director and seven Maintenance Operators. These individuals are responsible for a wide array of long-
term planning, daily operations and emergency situations related to streets, water, sanitary sewer, storm
water and parks.
ISSUE BEFORE COUNCIL: Should the City Council add and authorize hiring a Public Works Lead
Worker?
PROPOSAL DETAILS/ANALYSIS: By adding a Lead Worker to the Public Works Dept. the city will
begin building a solid foundation for growth, structure and chain of command within its Public Works Dept.
The Lead Worker will be responsible for scheduling and assigning daily tasks to public works staff,
assisting with purchasing, answering and responding to phone calls and emails, working with contractors,
vendors, and engineers, along with other duties as outlined in the Lead Worker Job Description. The Lead
Worker will work closely with the Public Works Director in planning, budgeting and forecasting needs
throughout the department and fill in for the Director at times of absence. Additionally, with the creation
and fulfillment of this position the Public Works Director will have more time to dedicate to long term
planning, engineering and administrative aspects related to the public works department and anticipated
growth of the city.
This position is not unique to Lake Elmo. All Public Works Departments within the Twin Cities Metro
area have similar structured departments to ensure a proper chain of command, span of control, intra-
department fluidity, and high level of service.
The position would first be posted internally for five days to give the opportunity to current public works
operators to apply. If no internal applications are received, staff would advertise the position to the public.
FISCAL IMPACT:
Staff is proposing a wage range of $25.50 to $30.54
OPTIONS: - Approve posting for Public Works Lead Worker.
- Deny posting for Public Works Lead Worker.
- Table posting for Public Works Lead Worker.
RECOMMENDATION:
If removed from the consent agenda:
Motion to approve posting for Public Works Lead Worker position.
ATTACHMENTS:
- Public Works Lead Worker Job Description
-Position Posting
- Public Works Flow Chart
City of Lake Elmo
Job Title: Public Works Lead Worker(s)
Department: Public Works
Status: Full-time regular position, non-exempt
Benefits: Qualifies for full-time benefits
Reporting Relationship: Reports to Public Works Director
Supervisory Duties: This position is responsible for the overall daily direction, delegation
and coordination of associated functions and tasks within the Public Works Department. This
position carries out supervisory responsibilities directly related to assigned tasks and work
orders in accordance with policies, procedures, and applicable laws of the City.
Position Details: This position is responsible for all Public Works activities as outlined in
Public Works Operator I. In addition, the position of Lead worker will be responsible to
provide work assignment and direction to both Full-time and Part-time employees and fill in
for the Public Works Director in times of absence.
Street Operations:
Operate various equipment while fulfilling street maintenance duties.
Perform manual tasks related to repair and maintenance of City streets, such as
blacktop patching, concrete patching and repair, repairing and replacing traffic
signs, and painting pavement markings.
Maintain storm sewer system, including cleaning, repairing, rebuilding,
unclogging and de-icing drains and storm sewers.
Prepare trucks and equipment needed for snow/ice removal and calculate the
correct amount of material needed.
Utility Operations
• Read and record daily flow meters, fluoride usage, chlorine usage, system checks
and inspections of well pump houses.
• Collect and analyze fluoride, chlorine, hardness compositions in water. Collect and
maintain integrity of bacteria, lead, copper, and samples to be analyzed by the
contracted lab.
• Read water meters and service accounts, including posting notices, terminating
service, and performing meter maintenance and repair.
• Perform general hydrant maintenance, including flushing, repairs, painting,
and lubricating caps.
• Water distribution system maintenance operations including flushing mains of
sediment/air, gate valve/curb stop operations and functions.
• Read and record daily flows from lift stations. Perform daily system checks and
inspections.
• Assist with maintenance to sanitary sewer system repairs, including flushing,
jetting and cleaning, cleaning of lift stations, and performing minor lift station
pump maintenance and inspections.
• Perform locates for all City utilities.
Maintenance and Operation of Vehicle Equipment:
• Operate pick-up truck, single axel dump truck, tractor, front end loader, bobcat,
roller, compactor, back-hoe, excavator, lawn mower and other department
vehicles and equipment.
• Maintain clean and safe equipment and vehicles.
• Perform light vehicle maintenance
Parks/Ground Maintenance:
Perform assorted manual tasks as part of parks/grounds maintenance.
Prepare wood chipper truck, chainsaw, and other equipment for trimming trees.
Flood ice rinks.
Perform ballfield maintenance.
Supervisory Responsibilities:
• Assists Director in developing annual, seasonal and other work schedules.
• Communicate and work with outside contractors and oversees/directs their work
in conjunction with Public Works Director.
• Assists with development and hiring of Public Works staff.
• Has authority to call back employees for after hour emergencies.
• Assists Director with purchasing: calls for product info, makes product
comparisons.
While these areas are the primary focus of the position, we believe strongly in teamwork
and employees will be called upon to perform a variety of duties as a part of their role with
the City.
Position Requirements
Knowledge, Skills and Abilities:
• Comprehensive knowledge of materials, methods and techniques used to
successfully repair and maintain public streets, storm sewer system, sanitary
sewer collection system, and a water supply and distribution system.
• Comprehensive knowledge of general equipment maintenance and repair techniques.
• Comprehensive knowledge of the practices, procedures, equipment, and
materials used in Public Works maintenance and construction work.
• Comprehensive knowledge of safe operation, maintenance, servicing, and repair of
various vehicles, and the ability to operate equipment in a skillful manner.
• General knowledge in welding and cutting equipment in a safe manner.
• General knowledge of electricity, pumps, motors and generators.
• Experience operating heavy equipment in maintenance or construction work,
including underground sewer, water, and/or storm sewer utilities, streets and
parks or applicable related experience.
• Ability to lead staff in all areas of public works including; prioritizing tasks,
determining work methods, scheduling and using proper work methods.
• Ability to provide technical guidance to subordinates and participate in training
efforts.
• Ability to read infrastructure maps and engineering record drawings for the purpose of
locating and marking underground utility mains and laterals.
• Ability to understand and follow oral and written instructions.
• Ability to make sure all necessary materials and supplies are available by maintaining an
inventory and ordering/purchasing needed supplies.
• Ability to communicate effectively and tactfully with the public and City staff.
• Ability to establish and maintain effective relationships with others.
• Ability to prepare and submit required reports to various agencies and other city
staff.
• Ability to manage all emergencies related to Public Works.
• Ability to perform administrative duties including budget preparation, analyze operational
costs, developing specifications, writing memos and maintaining department records.
• Develop and maintain relationships with vendors and contractors.
• Responds to residents’ concerns/questions and handles other customer service
situations as they arise/as directed.
• Attends relevant workshops, meetings and training seminars.
Education: High School Diploma or GED equivalent
Requirements: Minimum of 7 years experience in public works and meet
licensing/certification requirements of Public Works Operator I. Must have Commercial
Driver’s License, Class A driving privileges and a good driving record. Must demonstrate
proficient verbal and written communication skills. Must demonstrate equipment operator
skills and knowledge of safety procedures for:
• Single Axel Dump Truck
• Skid Loader
• Front End Loader
• Tractor
• Snow/Ice Removal
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
• Standard Office Spreadsheet or Writing Software
Licenses/Certifications: This position requires the following additional
certificates/licenses:
• Class B Water Operator License
• Completion of 3 of the following 4 programs:
o Certified Playground Inspector Certificate
o Tree Inspector Certificate
o Management and Supervisory Leadership Training Program
o LTAP’s Road Scholar Program
• MN APWA Chapter Public Works Certificate or ability to obtain within 2 years of
appointment
Desired Qualifications: Post-secondary schooling or job relevant training.
Physical and Mental Requirements: Occasionally exertion of force in excess of 50
and/or up to 100 pounds to move objects or equipment accessories is required. Must be
able to exert 20-50 pounds of force frequently to move objects. Must be able to climb
ladders in excess of 120 feet and descend into and work inside confined spaces. Occasional
exposure to caustic material, annoying odor, grease/grime and repetitive movement.
**The physical demands described here are representative to those that must be met by an
employee to successfully perform the essential functions of the job. Reasonable
accommodations can be made to enable individuals with disabilities to perform the essential
functions.
Working Conditions: This position must be able to respond to afterhours
emergency; physically onsite within 30 minutes. Most work is performed in a field
environment involving working inside and outside of vehicles and in confined spaces
however, this position may be subject to periods of time seated at a work station. Seasonal
conditions can include excessive heat or cold. Conditions can include working in wet,
muddy, slippery or dusty and windy conditions.
**The work environment characteristics described here are representative to those an
employee encounters while performing essential functions of this job. Reasonable
accommodations can be made to enable individuals with disabilities to perform the essential
functions.
3800
Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
The City of Lake Elmo offers competitive pay and benefits in addition to professional development opportunities to all employees. The city’s number one value statement is to foster an environment based on trust and ethics. These philosophies and practices help the City in recruiting and retaining exceptional employees.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Accepting Applications for the Position of: Public Works Lead
SALARY: $25.50-30.54/hr
ANTICIPATED HIRING RANGE: $25.50-30.54/hr
OPENING DATE: 3/22/17
CLOSING DATE: 3/28/17
POSITION TITLE: Public Works Lead
DEPARTMENT: Public Works
ACCOUNTABLE TO: Public Works Director
Primary Objective of Position This position is responsible for all Public Works activities as outlined in Public Works Operator I. In addition, the position of Lead worker will be responsible to provide work assignment and direction to both Full-time and Part-time employees and fill in for the Public Works Director in times of absence.
Essential Functions of the Position
Street Operations:
Operate various equipment while fulfilling street maintenance duties.
Perform manual tasks related to repair and maintenance of City streets, such as blacktop patching, concrete patching and repair, repairing and replacing traffic signs, and painting pavement markings.
Maintain storm sewer system, including cleaning, repairing, rebuilding, unclogging and de-icing drains and storm sewers.
Prepare trucks and equipment needed for snow/ice removal and calculate the correct amount of material needed.
Utility Operations
• Read and record daily flow meters, fluoride usage, chlorine usage, system checks and inspections of well pump houses.
3800
Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
• Collect and analyze fluoride, chlorine, hardness compositions in water. Collect and maintain integrity of bacteria, lead, copper, and samples to be analyzed by the contracted lab.
• Read water meters and service accounts, including posting notices, terminating service, and performing meter maintenance and repair.
• Perform general hydrant maintenance, including flushing, repairs, painting, and lubricating caps.
• Water distribution system maintenance operations including flushing mains of sediment/air, gate valve/curb stop operations and functions.
• Read and record daily flows from lift stations. Perform daily system checks and inspections.
• Assist with maintenance to sanitary sewer system repairs, including flushing, jetting and cleaning, cleaning of lift stations, and performing minor lift station pump maintenance and inspections.
• Perform locates for all City utilities.
Maintenance and Operation of Vehicle Equipment:
• Operate pick-up truck, single axel dump truck, tractor, front end loader, bobcat, roller, compactor, back-hoe, excavator, lawn mower and other department vehicles and equipment.
• Maintain clean and safe equipment and vehicles.
• Perform light vehicle maintenance
Parks/Ground Maintenance:
Perform assorted manual tasks as part of parks/grounds maintenance.
Prepare wood chipper truck, chainsaw, and other equipment for trimming trees.
Flood ice rinks.
Perform ballfield maintenance.
Supervisory Responsibilities:
• Assists Director in developing annual, seasonal and other work schedules.
• Communicate and work with outside contractors and oversees/directs their work in conjunction with Public Works Director.
• Assists with development and hiring of Public Works staff.
• Has authority to call back employees for after hour emergencies.
• Assists Director with purchasing: calls for product info, makes product comparisons.
Performance Criteria
• Comprehensive knowledge of materials, methods and techniques used to successfully repair and maintain public streets, storm sewer system, sanitary sewer collection system, and a water supply and distribution system.
• Comprehensive knowledge of general equipment maintenance and repair techniques.
• Comprehensive knowledge of the practices, procedures, equipment, and materials used in Public Works maintenance and construction work.
• Comprehensive knowledge of safe operation, maintenance, servicing, and repair of various vehicles, and the ability to operate equipment in a skillful manner.
• General knowledge in welding and cutting equipment in a safe manner.
• General knowledge of electricity, pumps, motors and generators.
3800
Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
• Experience operating heavy equipment in maintenance or construction work, including underground sewer, water, and/or storm sewer utilities, streets and parks or applicable related experience.
• Ability to lead staff in all areas of public works including; prioritizing tasks, determining work methods, scheduling and using proper work methods.
• Ability to provide technical guidance to subordinates and participate in training efforts.
• Ability to read infrastructure maps and engineering record drawings for the purpose of locating and marking underground utility mains and laterals.
• Ability to understand and follow oral and written instructions.
• Ability to make sure all necessary materials and supplies are available by maintaining an inventory and ordering/purchasing needed supplies.
• Ability to communicate effectively and tactfully with the public and City staff.
• Ability to establish and maintain effective relationships with others.
• Ability to prepare and submit required reports to various agencies and other city staff.
• Ability to manage all emergencies related to Public Works.
• Ability to perform administrative duties including budget preparation, analyze operational costs, developing specifications, writing memos and maintaining department records.
• Develop and maintain relationships with vendors and contractors.
• Responds to residents’ concerns/questions and handles other customer service situations as they arise/as directed.
• Attends relevant workshops, meetings and training seminars.
Minimum Qualifications High School Diploma or equivalent Minimum of 7 years experience in public works and meet licensing/certification requirements of Public Works Operator I. Must have Commercial Driver’s License, Class A driving privileges and a good driving record. Must demonstrate proficient verbal and written communication skills. Must demonstrate equipment operator skills and knowledge of safety procedures for:
• Single Axel Dump Truck
• Skid Loader
• Front End Loader
• Tractor
• Snow/Ice Removal 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
• Standard Office Spreadsheet or Writing Software
3800
Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
Licenses/Certifications: This position requires the following additional certificates/licenses:
• Class B Water Operator License
• Completion of 3 of the following 4 programs:
o Certified Playground Inspector Certificate
o Tree Inspector Certificate
o Management and Supervisory Leadership Training Program
o LTAP’s Road Scholar Program
• MN APWA Chapter Public Works Certificate or ability to obtain within 2 years of appointment
Desirable Qualifications Post-secondary schooling or job relevant training.
Physical Requirements Occasionally exertion of force in excess of 50 and/or up to 100 pounds to move objects or equipment accessories is required. Must be able to exert 20-50 pounds of force frequently to move objects. Must be able to climb ladders in excess of 120 feet and descend into and work inside confined spaces. Occasional exposure to caustic material, annoying odor, grease/grime and repetitive movement. PLEASE APPLY BY CLOSING DATE: 3/28/17
SEND COVER LETTER, RESUME, LAKE ELMO APPLICATION AND REFERENCES TO: CITY OF LAKE ELMO 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
City of Lake Elmo Public Works Department Flow Chart
Public Works Director
Lead Worker
PW Maint. OperatorPW Maint. Operator PW Maint OperatorPW Maint Operator PW Maint OperatorPW Maint Operator PW Maint. Operator
(spring 2017)
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 8
AGENDA ITEM: Authorization to Advertise and Hire Summer Interns
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
The 2017 budget included intern positions to assist staff in the Administration and
Building/Planning departments from May thru August. These positions are temporary and not
benefit eligible.
ISSUE BEFORE COUNCIL:
Should the Council authorize advertising and hiring of three interns?
PROPOSAL:
Similar to 2016, the City Council is being asked to authorize the advertising for and hiring of the summer
interns proposed and approved in the 2017 budget for the Administration and Building/Planning
departments. An additional intern was budgeted for the Finance department but staff is not seeking
authorization for the position at this time as the new department staff gets up to speed.
FISCAL IMPACT:
Wages of approximately $10,000 were approved in 2017 budget discussions.
OPTIONS:
1) Authorize advertising and hiring interns
2) Authorize advertising and hiring for some but not all interns
3) Do not authorize advertising and hiring for any interns
RECOMMENDATION:
If removed from the agenda:
“Motion to authorize staff to advertise and hire interns for the Administration and
Planning/Building departments.”
ATTACHMENTS:
• None
STAFF REPORT
DATE: 3/21/17
CONSENT
ITEM #: 9
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Well #2 Maintenance
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: In an effort to keep municipal wells in an efficient operating capacity it is an industry
standard to pull the well shaft and motor and have both professionally inspected on a 7 to 10 year cycle.
Since the well was installed in 2001 there are no records on file indicating this type of maintenance being
conducted. By initiating this maintenance, operational deficiencies can be corrected, along with
identifying potential problems and correcting them before unnecessary damage and costly repairs occur.
ISSUE BEFORE COUNCIL: Should the City Council authorize the pulling and maintenance of Well #2?
PROPOSAL DETAILS/ANALYSIS: If approved, a selected municipal well drilling company will
mobilize equipment to pull the motor and shaft from Well #2 and transport it to their shop for inspection,
maintenance, rebuilding or replacement of worn parts. This type of work closely examines critical wear
parts such as motor bearings, wear rings, bowls, columns, and shafts. Some of these mentioned items may
be repaired while others may be at a point where they will need to be replaced. Once repairs are completed,
the well components will be delivered back to the Well #2 site, reinstalled, and tested to ensure the well is
operating properly.
FISCAL IMPACT: This project is included in the 2017 Capital Improvement Plan for $25,000
OPTIONS: - Approve Well #2 Maintenance
- Deny Well #2 Maintenance
- Table Well #2 Maintenance
RECOMMENDATION:
Motion to Approve Well #2 Maintenance with McCarthy Well Company in an amount not to exceed
$25,000
ATTACHMENTS:
- Quote Keys Well Drilling
- Quote McCarthy Well Company
I.McCarthy Well Company will furnish the necessary labor and equipment to remove the pump;measure the well
depth, static water level and casing depth and haul the pump to our shop for inspection for $2,840.
II.At our shop your pump will be unloaded,disassembled,cleaned and inspected for $285 to determine the needed
repairs.We will contact you to view the pump and discuss the materials needed to properly repair the pump.Upon
receipt of your approval we will repair,reassemble and load the pump for reinstallation in the well.The cost to
recondition the motor with 2 new bearings will be $2,800.An accurate estimate of these costs cannot be made at this
time since the condition of the components will not be known until they are removed from the well,disassembled,
cleaned and inspected. Estimated cost of the shop labor and parts will range from $6,050 to $20,835.
III.After the repairs we will return to the site;chlorinate the well;reinstall the pump and test operation of the
system for $2,840.
McCarthy Well Company has been completing well and pump in Lake Elmo since 1924 for various customers.We have
the knowledge and the experience to complete the work in a first class and timely manner.
Payment Terms:Net 30 days from date of each invoice.Acceptance -If this proposal is acceptable,please sign
and fax this quotation back to us at 952-445-1950.Mail the blue copy with an original signature to us at the
above address.If you have any questions please call me at 952-854-5333.Please allow 2-3 weeks for delivery of the
materials to our shop.
Thank You For The Opportunity To Present This Proposal!
Page 1 of 1
Description
“QUOTATION”
Date:
Repairs to deep well pump #2.Re:
MNLake Elmo
City of Lake Elmo
3800 Laverne Ave North
55042-9629
Attn:
McCarthy Well Co disclaims any implied or express warranties or oral representations that this work
will result in water of any particular quality, quantity, or duration.
Company Representative:
Rob Weldon
2/14/17
202081
Tim McCarthy
Quotation #:
McCARTHY WELL COMPANY
590 Citation Drive - Suite I, Shakopee MN 55379-1862
Phone 952-854-5333 ~ Fax 952-445-1950
“THERE’S NO SUBSTITUTE FOR EXPERIENCE”
THIS “QUOTATION”,WHEN SIGNED BY AN OFFICER OF McCARTHY WELL COMPANY WITHIN 30
DAYS OF THE DATE HEREON,WILL BE A BINDING CONTRACT BETWEEN THE PARTIES HERETO
AND GOVERNED BY THE TERMS &CONDITIONS PRINTED ON THE FACE &REVERSE SIDE
HEREOF.
I Certify That I Am Legally Authorized To Purchase Materials And/Or Labor To Be Furnished.
By Title Date_________________
McCarthy Well Company
By CWD/PI Title President Date
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 10
AGENDA ITEM: Inwood Water Tower (No. 4) – Pay Request No. 9
SUBMITTED BY: Chad Isakson, Project Engineer
REVIEWED BY: Krintina Handt, City Administrator
Jack Griffin, City Engineer
BACKGROUND: CB&I, Inc. was awarded a construction contract on March 15, 2016 to complete the
Inwood Water Tower (No. 4) project. The contractor has submitted Partial Pay Request No. 9.
ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 9?
PROPOSAL DETAILS/ANALYSIS: CB&I, Inc., has submitted Partial Pay Request No. 9 in the amount
of $103,664.95. 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 $95,125.43.
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. 9 for the Inwood Water Tower (No. 4) project. If removed from the consent
agenda, the recommended motion for the action is as follows:
“Move to approve Pay Request No. 9 to CB&I, Inc. in the amount of $103,664.95 for the Inwood
Water Tower (No. 4)”.
ATTACHMENTS:
1. Partial Pay Estimate No. 9
PROJECT PAY FORM
PARTIAL PAY ESTIMATE NO.
PERIOD OF ESTIMATE
TO
PROJECT OWNER:CONTRACTOR:
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*
8.Previous Payments
9.Amount Due (6‐7‐8)
*Detailed Breakdown Attached
START DATE:ON SCHEDULE
SUBSTANTIAL COMPLETION:X
FINAL COMPLETION:
ENGINEER'S CERTIFICATION: SEH, Inc.
DATE
CONTRACTOR'S CERTIFICATION:CONTRACTOR
DATE
APPROVED BY OWNER:CITY OF LAKE ELMO, MINNESOTA
DATE DATE
BY
BY
YES
NO
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
received from the owner, and that current payment shown herein is
now due.
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
with the contract documents.
ENGINEER
BY
4/7/2016
11/2/2017
REVISED DAYS
REMAINING
574
0
264
9/28/2017
ORIGINAL DAYS
CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY
9
2/11/20171/15/2017FROM
INWOOD WATER TOWER NO. 4
PROJECT NO. 2015.130
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
ATTN: JACK GRIFFIN, CITY ENGINEER
CB&I Inc.
14109 S. ROUTE 59
PLAINFIELD, IL 60544
ATTN: MICHAEL ALLISON
CONTRACT TIME
TOTALS $8,744.00 $0.00 $103,664.95
NET CHANGE $8,744.00
$95,125.435.0%
$1,703,718.13
$0.00
$1,902,508.50
1 5/3/2016 $0.00 $0.00 $2,403,744.00
2 9/20/2016 $8,744.00 $0.00 $1,902,508.50
No.Approval
Date
Amount $2,395,000.00
Additions Deductions $8,744.00
3/3/2017
FOCUS Engineering, inc.PROJECT PAYMENT FORM
3/3/17
PARTIAL PAY ESTIMATE NO. 9
INWOOD WATER TOWER NO. 4 8
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2015.130
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
1 LS 1 $16,000.00 $16,000.00 $0.00 1.00 $16,000.00
2 EA 1 $3,822.00 $3,822.00 $0.00 1.00 $3,822.00
3 LS 1 $2,068.00 $2,068.00 $0.00 0.50 $1,034.00
4 CY 120 $10.00 $1,200.00 $0.00 60.00 $600.00
5 SY 200 $6.00 $1,200.00 150.00 $900.00 150.00 $900.00
6 CY 100 $30.00 $3,000.00 $0.00 0.00 $0.00
7 CY 150 $16.00 $2,400.00 $0.00 0.00 $0.00
8 TON 1,250 $22.00 $27,500.00 625.00 $13,750.00 625.00 $13,750.00
9 TON 65 $99.00 $6,435.00 $0.00 0.00 $0.00
10 TON 65 $99.00 $6,435.00 $0.00 0.00 $0.00
11 GAL 35 $10.00 $350.00 $0.00 0.00 $0.00
12 SF 350 $25.00 $8,750.00 $0.00 0.00 $0.00
13 SF 100 $20.00 $2,000.00 $0.00 0.00 $0.00
14 EA 1 $2,300.00 $2,300.00 $0.00 0.00 $0.00
15 LF 10 $110.00 $1,100.00 $0.00 0.00 $0.00
16 LF 120 $140.00 $16,800.00 $0.00 0.00 $0.00
17 EA 1 $1,980.00 $1,980.00 $0.00 0.00 $0.00
18 EA 1 $4,864.00 $4,864.00 $0.00 0.00 $0.00
19 LB 700 $2.50 $1,750.00 $0.00 0.00 $0.00
20 LF 140 $2.00 $280.00 $0.00 0.00 $0.00
21 EA 1 $2,618.00 $2,618.00 $0.00 0.00 $0.00
22 CY 16 $76.00 $1,216.00 $0.00 0.00 $0.00
23 SY 30 $6.00 $180.00 $0.00 0.00 $0.00
24 LF 90 $68.00 $6,120.00 $0.00 0.00 $0.00
25 EA 1 $1,700.00 $1,700.00 $0.00 0.00 $0.00
26 CY 10 $92.00 $920.00 $0.00 0.00 $0.00
27 SY 37 $3.00 $111.00 $0.00 0.00 $0.00
28 LF 500 $2.25 $1,125.00 $0.00 250.00 $562.50
29 LF 1,000 $2.00 $2,000.00 $0.00 0.00 $0.00
30 AC 1.5 $4,000.00 $6,000.00 $0.00 0.00 $0.00
31 AC 1.5 $3,500.00 $5,250.00 $0.00 0.00 $0.00
$137,474.00 $14,650.00 $36,668.50
1 LS 1 $47,900.00 $47,900.00 $0.00 1.00 $47,900.00
2 LS 1 $239,500.00 $239,500.00 $0.00 0.98 $234,710.00
3 LS 1 $316,100.00 $316,100.00 $0.00 1.00 $316,100.00
4 LS 1 $287,700.00 $287,700.00 0.03 $8,631.00 1.00 $287,700.00
5 LS 1 $413,400.00 $413,400.00 $0.00 0.95 $392,730.00
6 LS 1 $372,100.00 $372,100.00 $0.00 1.00 $372,100.00
7 LS 1 $214,600.00 $214,600.00 0.40 $85,840.00 1.00 $214,600.00
8 LS 1 $142,300.00 $142,300.00 $0.00 0.00 $0.00
9 LS 1 $43,450.00 $43,450.00 $0.00 0.00 $0.00
10 LS 1 $74,200.00 $74,200.00 $0.00 0.00 $0.00
11 LS 1 $976.00 $976.00 $0.00 0.00 $0.00
12 LS 1 $89,800.00 $89,800.00 $0.00 0.00 $0.00
13 LS 1 $15,500.00 $15,500.00 $0.00 0.00 $0.00
$2,257,526.00 $94,471.00 $1,865,840.00
$2,395,000.00 $109,121.00 $1,902,508.50
TOTAL CHANGE ORDER NO.1 0 1 $0.00 $0.00 $0.00 0.00 $0.00
TOTAL CHANGE ORDER NO.2 0 1 $8,744.00 $8,744.00 $0.00 0.00 $0.00
$2,403,744.00 $109,121.00 $1,902,508.50TOTALS ‐ REVISED CONTRACT
PREASSEMBLED SILT FENCE
STRAW BIOROLL
TEMPORARY SEEDING (MIX 22‐111 WITH TYPE I MULCH)
SUBTOTAL ‐ DIVISION 2
DIVISION 2 ‐ ELEVATED STORAGE TANK
WATER TOWER CONTROL PANEL AND RTU
ENGINEERING & APPROVAL
TANK MATERIALS
TANK FABRICATION & SHIP
FOUNDATION CONSTRUCTION
CONCRETE SHAFT CONSTRUCTION
TANK ERECTION (ON GROUND)
TANK PAINT (ON GROUND)
HOIST TANK
TANK PAINT (IN AIR)
GEOTEXTILE FABRIC TYPE I
18" RCP STORM SEWER PIPE, CL. V
18" APRON W/TRASH GUARD
HAND PLACED RIP RAP, CL. III
GEOTEXTILE FABRIC TYPE IV
DIVISION 1 ‐ SITE & UTILITY WORK
MOBILIZATION
ROCK CONSTRUCTION ENTRANCE
TRAFFIC CONTROL
POLYETHYLENE ENCASEMENT
SUBGRADE EXCAVATION
GEOTEXTILE FABRIC TYPE V
SELECT GRANULAR BORROW
ORGANIC TOPSOIL BORROW
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
SEEDING (MIX 25‐131 WITH FERTILIZER & HYDROMULCH)
SUBTOTAL ‐ DIVISION 1
AGGREGATE BASE, CLASS 6
BIT WEARING COURSE MIX (WEA240B)
BIT NON‐WEARING COURSE MIX (WEB240B)
TACK COAT
16" DIP WATER MAIN PIPE, CL. 52
HYDRANT
8" CONCRETE APRON
CONNECT TO EXISTING WATERMAIN
6" DIP WATER MAIN PIPE, CL. 52
6" GATE VALVE & BOX
4" CONCRETE WALK
DIP FITTINGS
4' X 4' CATCH BASIN WITH GRATING
1.5" CLEAR TOCK
INSURANCE AND BONDS
STERILIZE AND TEST
ELECTRICAL
TOTALS ‐ BASE CONTRACT
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 11
AGENDA ITEM: Private Development Projects – Approve Security Reductions for the Inwood
PUD 1st, 2nd, and 3rd Additions
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Stephen Wensman, Planning Director
Chad Isakson, Assistance City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the security reductions for the Inwood
PUD 1st, 2nd, and 3rd Additions?
PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to reduce the
development security for the Inwood PUD 1st, 2nd, and 3rd Additions. These requests have been reviewed
and the following reductions are being recommended:
Current Security Amount Proposed Security Amount
1. Inwood PUD 1st and 2nd Additions: $3,714,873 $1,948,198
2. Inwood PUD 3rd Addition: $2,059,218 $1,030,896
Each development phase is at a various stage of completion and each reduction amount has been reviewed
according to the extent of completion for each infrastructure component as detailed in this report.
FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a
security amount that is adequate to ensure completion of all elements of the improvements as protection to
the City tax payers against the potential of developer default. With these reductions, the remaining security
amounts held by the City remains sufficient to complete the remaining improvements.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, the security reductions for the Inwood PUD 1st, 2nd, and 3rd Additions as detailed in this report
and supporting documentation. If removed from the consent agenda, the recommended motion for the
action is as follows:
“Move to approve security reductions for the Inwood PUD 1st, 2nd, and 3rd Additions as detailed in
their respective Security Reduction Worksheet.”
ATTACHMENTS:
1. Security Reduction Worksheet – Inwood PUD 1st and 2nd Addition.
2. Security Reduction Worksheet – Inwood PUD 3rd Addition.
INWOOD 1ST AND 2ND ADDITIONS Time of Performance: July 1, 2016
DEVELOPMENT AGREEMENT AMOUNTS
CATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6
Grading $314,000 NA
Sanitary Sewer $412,585 $515,731.25 75%$386,798
Watermain $510,249 $637,811.25 75%$478,358
Streets $1,114,212 $1,392,765.00 $696,383
Surface Water Facilities $599,736 $749,670.00 $374,835
Erosion Control NA NA included in Grading Agreement
Sidewalks/Trails $212,175 $265,218.75 Included in Streets $132,609
Street Lighting NA NA By Xcel Energy
Street Signs and Traffic Control Signs $18,705 $23,381.25 $11,691
Landscaping $97,236 $121,545.00
Tree Preservation and Restoration NA NA included in Grading Agreement
Wetland Mitigation and Buffers NA NA LOC Through VBWD
Monuments $5,000 $6,250.00
Miscellaneous Facilities NA NA None
Record Drawings $2,000 $2,500.00
TOTALS $2,971,898 $3,714,872.50 RELEASED AMOUNTS:$2,080,674 $0 $0 $0 $0
CUMMULATIVE AMOUNTS:$2,080,674
SECURITY AMOUNT REMAINING:$1,948,198
DATE:3/21/2017
REDUCTIONS
INWOOD 3RD ADDITION October 31, 2016
DEVELOPMENT AGREEMENT AMOUNTS
CATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6
Grading NA NA Included in Overall Grading Agreement
Sanitary Sewer $277,278 $346,597.75 $259,948
Watermain $315,803 $394,753.75 $296,065
Storm Sewer (w/pond structures) $254,543 $318,178.75 $159,089
Streets $501,150 $626,437.50 $313,219
Sidewalks/Trails $80,290 $100,362.50
Surface Water Facilities NA NA included in Grading Agreement
Street Lighting $48,000 $60,000.00 By Xcel Energy
Street Signs and Traffic Control Signs $7,010 $8,762.50
Private Utilities (electricity, natural gas, telephone, and cable)
Landscaping $151,500 $189,375.00
Tree Preservation and Restoration NA NA included in Grading Agreement
Wetland Mitigation and Buffers NA NA LOC Through VBWD
Monuments $6,800 $8,500.00
Erosion Control NA NA included in Grading Agreement
Miscellaneous Facilities NA NA None
Record Drawings $5,000 $6,250.00
TOTALS $1,647,374 $2,059,217.75 RELEASED AMOUNTS:$1,028,322 $0 $0 $0 $0 $0
CUMMULATIVE AMOUNTS:$1,028,322
SECURITY AMOUNT REMAINING:$1,030,896
DATE:3/21/2017
Time of Performance:
REDUCTIONS
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 12
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Conditional Job Offer to New Recruits, Tanner Dalzell and Thomas Hilpisch
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: Both Tanner and Thomas have meet the requirements of the hiring process to date.
They attended three training drills, successful background check, ability test and interview. The next steps
to complete the hiring process are both a psychological and physical exam.
Thomas Hilpisch was previously a Lake Elmo Firefighter for 15 months from 2013 – 2015. He left us to
pursue a Fulltime career with St. Paul FD and is now a Fulltime FF/Paramedic with St, Paul and has
moved back into our area. At the time of his initial hire with us, he completed a psychological exam,
therefore we are recommending we waive that for him. Tanner Dalzell is a resident of Oakdale, is within
our response time requirements and will require both.
Neither Thomas or Tanner are able to attend the Council Mtg. to be introduced as they work afternoons
and/or evenings, or rotating shifts. The good news is they will be daytime responders.
ISSUE BEFORE COUNCIL:
Should the Council make a conditional job offer to Tanner Dalzell and Thomas Hilpsch, pending the
outcome of medical and psychological exams?
FISCAL IMPACT: Psychological Exam = $415.00 x 1, Preplacement Physical Exam = $245.60
x 2 for a total of $906.20 to complete the hiring process.
OPTIONS:
1) Approve a conditional job offer to Tanner Dalzell and Thomas Hilpsich
2) Approve one conditional job offer
3) Do not approve any conditional job offers
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve conditional job offers for Tanner Dalzell and Thomas Hilpsich, pending the outcome
of medical and psychological exams.”
ATTACHMENTS:
None
STAFF REPORT
DATE: 3/21/2017
CONSENT
ITEM #: 13
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Wildflower at Lake Elmo 2nd Addition Developers Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
Cathy Bendel, (former) Finance Director
BACKGROUND:
On October 18, 2016, the City Council adopted Resolution No. 2016-106 approving the Final Plat
and Final PUD for Wildflower at Lake Elmo 2nd Addition. The attached Developer Agreement
was prepared using the most recent master developer agreement template approved by the Council
in February 2017. 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 2017-21 approving the Developer Agreement
for Wildflower at Lake Elmo 2nd Addition.
MASTER DEVELOPER AGREEEMENT CHANGES:
In February, 2017, City Staff presented a new master developer agreement template intended to
improve the agreement’s readability to better communicate the Agreement requirements. Key
changes included:
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 – Staff Report Consent Item #13
Meeting date: 3/21/2017
Page 2
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. 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
together. The other change was the separation of landscaping from other security releases due to
City Council – Staff Report Consent Item #13
Meeting date: 3/21/2017
Page 2
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 Wildflower at Lake Elmo 2nd Addition Final Plat is that the
developer enter into a Developer’s Agreement prior to the execution of the plat by City officials.
Staff has drafted this Developer Agreement 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:
• The developer agreement allows for up to six building permits (utilizing phase 1 streets &
utilities).
• 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 $787,239 related to the cost
of the proposed improvements.
• That the developer provide a cash deposit of $175,487 for SAC and WAC charges,
engineering administration, AUAR fee, one year of street light operating costs and other
City fees.
• There are $10,156 in direct payments to the developer for oversizing of watermain and
sanitary sewer in the project.
The construction plans for the project have been approved, including the landscaping. Upon
compliance all items listed in Section 3 of the Developer Agreement including 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 City will pay the developer $10,156 for oversizing costs associated with the water and sanitary
sewer systems. Additional 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, AUAR fee, and property taxes
for the 20 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:
City Council – Staff Report Consent Item #13
Meeting date: 3/21/2017
Page 2
1) Adopt Resolution 2017-21 approving the Developer Agreement for Wildflower at Lake
Elmo 2nd Addition as part of tonight’s consent agenda; or
2) Move the agenda item to the regular agenda, discuss the item and Adopt Resolution 2017-
21 approving the Developer Agreement for Wildflower at Lake Elmo 2nd Addition
3) Direct Staff to amend the draft Developer Agreement to bring back to the 4/18/2017 City
Council meeting.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2017-21 approving the Developer’s
Agreement for Wildflower at Lake Elmo 2nd Addition Planned Unit Development as part of the
consent agenda.
If the Council wishes to moves the item to the regular agenda, then Staff recommends the City
Council adopt Resolution 2017-21with the following motion:
“Move to adopt Resolution 2017-21 approving the developer’s agreement for Wildflower at
Lake Elmo 2nd Addition Planned Unit Development”
ATTACHMENTS:
• Resolution 2017-21
• Wildflower at Lake Elmo 2nd Addition Planned Unit Development Developer’s
Agreement
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-021
A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE WILDFLOWER AT
LAKE ELMO 2ND ADDITION PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Robert Engstrom Companies, 4801 West 81st Street, #101, Bloomington,
MN (“applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for
a Final Plat for Wildflower at Lake Elmo 2nd Addition Planned Unit Development; and
WHEREAS, the Lake Elmo City Council considered and approved the Wildflower at
Lake Elmo PUD General Concept Plan on June 17, 2014; and
WHEREAS, the Lake Elmo City Council approved the Wildflower at Lake Elmo
Preliminary Plat and Preliminary PUD Plan on April 7, 2015; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2016-106 on December 6,
2016 approving the Final Plat and Final PUD for Wildflower at Lake Elmo 2nd Addition; and
WHEREAS, a condition of approval of said Resolution 2016-106, 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
March 21, 2017 meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Developer’s Agreement for Wildflower at Lake Elmo 2nd Addition PUD and
authorizes the mayor and city Clerk to execute the document.
Passed and duly adopted this 21st day of March, 2017 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
1
(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water)
Wildflower at Lake Elmo 2nd Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2017, by and
between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”), and
Robert Engstrom Companies, a Minnesota corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Wildflower at Lake Elmo 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 120 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
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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 by the 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 in the City’s standard 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 or on behalf of the Developer;
e) final construction plans and specifications have been submitted by the Developer
and approved by the City Engineer;
f) the Developer has paid the City for all legal, engineering and administrative
expenses incurred by the City regarding the City approvals and has given the City
the additional construction inspection escrow required by this Agreement;
g) the Developer has paid any outstanding assessments and taxes for the property or
property being deeded to the City;
h) the Developer has received all necessary permits from the MPCA, MDH, DNR,
applicable watershed, Washington County, and any other agency having jurisdiction
over the Subdivision;
i) the Developer has provided the City with a certificate of insurance required by this
Agreement;
j) the Developer or the Developer’s engineer and the Developer’s contractor(s) have
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initiated and attended a preconstruction meeting with the City Engineer, and City
staff;
k) the final plat has been recorded with Washington County; and
l) 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 is a phase of a multi-phased preliminary plat,
the City may refuse to approve final plats of subsequent phases of the development if the
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 City. Park dedication charges
and availability charges for sewer and water referred to in this Agreement are not being imposed
on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the
plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots
and blocks.
5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased
preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be
void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary plat
approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this
Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to
or affect the use, development density, lot size, lot layout or dedications of the approved final plat
unless required by state or federal law or agreed to in writing by the City and the 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 to the City's Comprehensive Plan,
official controls, platting or dedication requirements enacted after the date of this Agreement.
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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. 2016-106, and to construct all improvements in accordance with the
approved construction plans and specifications (collectively, the “Plans”) prepared by a
professional engineer registered in the State of Minnesota at 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 on file 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.
8. 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. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.)
E. Streets and sidewalks;
F. Trails;
G. Underground private utilities;
H. Landscaping;
I. Street lighting and signage;
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
the City’s Landscape and Irrigation Standards. The Developer shall instruct its engineer to
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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’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition
of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors or a soil engineer inspect the Developer’s work on a
full or part-time basis. The Developer's engineer shall provide for on-site project management.
The Developer's engineer is responsible for design changes and contract administration between
the Developer and the Developer's contractor.
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 an 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 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 observation, consultation with the Developer and the
Developer’s professionals on status or problems regarding the project, coordination for testing,
final inspection and acceptance, project monitoring during the warranty period, and processing of
requests for reduction in the Security. Construction observation shall include, at the discretion of
the City, part or full time inspection of proposed public utilities and street construction. Services
will be billed by the City on an hourly basis.
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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, the City’s Engineering Design and
Construction Standards Manual, and the City’s 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 City’s governmental authority, and no agency or
joint venture relationship between the City and the Developer is thereby created.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees,
and City Planning Commission members, and corporations, partnerships, and other entities in
which such individuals have greater than a twenty-five (25) percent ownership interest or in which
they are an officer or director may not act as contractors or subcontractors for the Subdivision
Improvements identified in Paragraph 8 above.
11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision
Improvements by October 31, 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 is completed,
including the final wear course. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the Security posted by
the Developer to reflect cost increases and amending this Agreement to reflect the extended
completion date. Final wear course placement outside of this time frame must have the written
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approval of the City Engineer.
12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for
all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads
and alleys until the Subdivision Improvements are accepted by the City in writing. The 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 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 spill, track, 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 minimum, scraping and sweeping shall take
place on a weekly basis.
Prior to the City’s acceptance of the streets the City may agree, at the City’s sole
discretion, to keep the streets open during winter months by plowing snow. The City will consider
snow plowing streets on a case by case basis and under the following conditions. 1) The
Developer must request in writing the streets in question to be plowed by the City, with such
request received prior to October 1st of each winter season that plowing is requested. 2) The
streets must be occupied by residences of the City. 3) For streets that do not have the bituminous
wear course placed, 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 curves,
center medians, and other protrusions in the right-of-ways must be delineated with “High-vis”
fiberglass stakes. 6) A site review must be scheduled and conducted with Public Works, and
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attended by the developer, 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 streets, curb and gutter, manholes, catch basins or other infrastructure.8) The
Developer shall enter into an Agreement with the City for plowing the streets.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property and this Agreement.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the Subdivision via Wildflower
Drive. 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 shall
be completed in a manner designed to control erosion and in compliance with the City Code, the
City’s Engineering Design and Construction Standards Manual, all watershed district permits, the
Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate
storm sewer system program. Prior to initiating any work on the site, an erosion control plan must
be implemented by the 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
impose additional erosion control requirements at any stage in development as deemed
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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 is of the essence in controlling erosion.
If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred
for such work within ten (10) days, the City may draw down the Security to pay any costs. No
development, utility or street construction will be allowed and no building permits will be issued
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 stated above. Erosion control plans for individual lots
will be required in accordance with the City’s building permit requirements, or as required by the
City or City Engineer.
17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise
prepare the Property for development, 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 completion of the grading, the Developer shall provide the
City with an “as built” grading plan and a certification by a registered land surveyor or engineer
as required in the City’s Engineering Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
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watermain, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City’s
Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the
bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work
on the site shall be completed in accordance with the approved Plans. Once the work is
completed, the 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 create a punch list of outstanding items to be completed. Upon receipt of the written
punch list provided by the City, the punch list items must be completed by the Developer and the
City notified to re- inspect the improvements. The final bituminous wear course shall be installed
by the Developer after the first bituminous course has weathered a winter season. Prior to
placement of the final bituminous wear course, the Developer shall repair or replace all broken or
failing curbs, sidewalks and damaged or settled streets as determined by the City from a pre-wear
course walk through inspection.
19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
A. The Developer agrees to install landscaping in accordance with the approved Plans,
the City approvals, the City Code, the City’s Engineering Design and Construction
Standards Manual, and the City’s Landscape and Irrigation Standards. All
landscaping materials such as trees, shrubs, grasses, or other vegetation installed
by the Developer must be warrantied 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 by the City. The Developer agrees to have the installer of the
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
condition of all landscaping. In the event any landscaping installed by the Developer
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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.
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 to achieve “substantial performance” on all seeded or
sodded lawns and yards disturbed during the construction of Subdivision
Improvements. For the purpose of this agreement “substantial performance” shall
be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf
areas with an average blade height of three (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, bare, or dead spots and no visible surface soil.”
C. The Developer shall follow the City of Lake Elmo “Bee Safe” policy for pesticide use
as per City Council RESOLUTION NO. 2015-13.
20. SIGNAGE, 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 accordance with
the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
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required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the 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 City’s Engineering Design and
Construction Standards Manual together with the following affidavits:
- Developer/Developer Engineer’s Certificate
- Land Surveyor’s Certificate
certifying that all construction has been completed in accordance with the terms of this
Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and
affidavits, and upon review and verification by the City Engineer that the public Subdivision
Improvements have been completed in accordance with the terms of this Agreement, the City
Engineer will accept the completed public Subdivision Improvements.
22. PARK DEDICATION. The Developer has previously satisfied park dedication
requirements for all the areas to be platted within the Wildflower at Lake Elmo Preliminary Plat as
part of the Wildflower at Lake Elmo Development Contract. No fees in lieu of land dedication are
required for the plat.
23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of
the Village Area Alternative Urban Areawide Review (AUAR) fee as adopted by the City Council
with respect to the environmental review completed by the City. The Village Area Alternative Urban
Areawide Review (AUAR) fee in the amount of $230.00 per REC shall be paid by the Developer
prior to the City recording the final plat. The total amount to be paid by the Developer is $4,600.00
24. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developer shall be responsible for the payment of all sewer availability charges
(SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements
required by the City and any state or metropolitan government agency.
The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid by
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the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $60,000.00.
The water availability charge (WAC) 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 $60,000.00.
In addition, a 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 of $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.
25. STREET LIGHTS. The Developer is responsible for the cost of street light installation
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developer shall post a Security for street light installation consistent with the approved plan. The
required Security is $18,000.00 and consist of three (3) decorative lights at $6000 each. The
Developer shall also pay the City $387.00 to reimburse the City for the first year operating costs
for the street lights.
26. 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 found to be incomplete or restoration is unsuccessful,
the City may draw down the Security at any time during the warranty period to perform the work
if the Developer fails to take corrective measures after being provided reasonable notice by the
City.
27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permit shall be issued for any lot within the Subdivision, or within a
completed phase of the Subdivision in a City preapproved phasing plan, until such
time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has been
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installed and tested for all public streets; sidewalks have been installed; street and
traffic control signs are installed; property monuments have been installed and
grading as-built plans have been submitted and approved by the City. 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
preconstruction meeting for the Subdivision. Once the construction has started, the
City will not consider revisions to the phasing plan for the purpose of issuing building
permits.
B. Issuance of up to six building permits for “model homes” may be authorized by the
City Planning Director prior to the completion of the Subdivision Improvements
described in paragraph 27 (A) above, if there is safe public access to the lot that is
sufficient to allow construction to proceed and there is a grading as-built plan
approved by the City for the lot and all downstream storm water drainage facilities.
However, the City will not issue a certificate of occupancy for any “model home” until
all conditions identified in paragraph 27 (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 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 Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
occupancy, and withholding of other permits, inspection or actions and the halting of
all work in the Subdivision.
E. If building permits are issued prior to the acceptance of the public Subdivision
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Improvements by the City, the Developer assumes all liability and costs resulting in
delays in completion of public Subdivision Improvements and damage to public
Subdivision Improvements caused by the City, Developer, the Developer’s
contractors, subcontractors, materialmen, employees, agents, or any third parties.
F. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and
approved by the City Engineer.
28. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that work
required by this Agreement has been performed and the amounts due to them have
not been paid, and the laborers, materialmen, or others are seeking payment from
the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the 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 release, discharge, 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 legal, planning, engineering, and inspection expenses incurred in
connection with the City’s approval and acceptance of the plat and the Subdivision,
the preparation of this Agreement, the City’s review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Subdivision. All amounts incurred and due to the City
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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.
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 shall indemnify the City and its officials, employees, and agents for
all costs, damages, or expenses which the City may pay or incur in consequence of
such claims, including attorneys' fees.
D. The 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 attached, all special assessments referred to in this Agreement. This is a
personal obligation of the Developer and shall continue in full force and effect even
if the Developer sells one or more lots, the entire 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) 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
by the City and its consultants.
29 CITY PAYMENTS. The City shall reimburse the Developer in the amount of $5,924.00
for oversizing costs associated with the installation of 10-inch sanitary sewer as identified on the
Plans. The City shall also reimburse the Developer in the amount of $3,625.00 for oversizing
costs associated with the installation of 12-inch water main as identified on the Plans. City
payments shall be made within thirty (30) days of the City’s final acceptance of the
Improvements, but only if the Developer is not in default to this Contract. This payment by the
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City shall be the City’s only responsibility with regard to construction of the Improvements and
in no case shall act as a waiver of any other right of the City under this Contract or under
applicable laws, ordinances or rules.
30. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the recommendations listed in the September 29, 2016
Engineering memorandum.
B. The Developer shall install a temporary turnaround on the east end of Sunflower
Lane until it is extended to the east with a future phase of the Wildflower at Lake
Elmo development.
C. The Developer must obtain a sign permit from the City Planning Director prior to
installation of any subdivision identification signs.
D. The Developer shall enter into a Landscape License Agreement with the City that
clarifies the individuals or entities responsible for maintenance of any landscaping
installed in areas outside of land dedicated as public park and open space on the
final plat.
31 MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council. The Developer's obligations hereunder shall continue in full 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 a professional engineer licensed by the State
of Minnesota. Following construction, a certification signed by the design engineer
shall be filed with the City Engineer evidencing that the retaining wall was
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constructed in accordance with the approved Plans. All retaining walls identified on
the Plans or by special conditions referred to in this Agreement shall be constructed
before any other building permit is issued for a lot on which a retaining wall is
required to be built.
C. Legal documents regarding homeowner association documents, covenants, and
restrictions shall be submitted to the City prior to recording of the final plat for review
and approval by the City Attorney.
D. The 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
death, and claims for property damage which may arise out of Developer's work or
the work of its subcontractors or by one directly or indirectly employed by any of
them.
Limits for bodily injury and death shall be not less than $500,000 for one person and
$1,500,000 for each occurrence; limits for property damage shall be not less than
$200,000 for each occurrence; or a combination single limit policy of $1,500,000 or
more. The City shall be named as an additional insured on the policy, and the
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, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
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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's failure to promptly take legal action to enforce this Agreement shall not be
a waiver or release.
H. This Agreement shall run with the land and may be recorded against the title to the
Property at the 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 to this Agreement, in the form attached hereto,
from all parties who have an interest in the Property, including, but not limited to,
mortgagees; that there are no unrecorded interests in the Property being final
platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each
and every right, power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter
any other right, power or remedy.
J. The Developer represents to the City that the Subdivision and the Subdivision
Improvements comply or will comply with all City, County, metropolitan, state, and
federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the
Subdivision is not in compliance, the City may, at its option, refuse to allow
construction or development work in the Subdivision until it is brought into
compliance. Upon the City’s demand, the Developer shall cease work until there is
20
compliance.
32. EVENTS OF DEFAULT. The following shall be "Events of Default" under this
Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement,
any one or more of the following events:
A. Subject to unavoidable delays, failure by the Developer to commence and complete
construction of the public Subdivision Improvements pursuant to the terms,
conditions and limitations of this 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
Agreement.
33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject
to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by
written, executed instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from the Developer, 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 including, but not
limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this Agreement or
recover any amounts due under this Agreement from the Developer, or immediately
draw on the Security, as set forth in this Agreement.
34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
21
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
an order from any court for permission to enter the Subdivision for such purposes. If the City
does such work, the City may, in addition to its other remedies, levy special assessments against
the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for
itself and its successors and assigns, expressly waives any and all procedural and substantive
objections to the special assessments, including, but not limited to, hearing requirements, and
any claim that the assessments exceed the benefit to the land so assessed. The Developer, for
itself and its successors and assigns, also waives any appeal rights otherwise available pursuant
to Minnesota Statutes Section 429.081.
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 commence legal action to recover all damages, losses
and expenses sustained by the City; and that such expenses may include, but are not limited to,
the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
35. 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 Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear 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
22
cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made
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 to make required payments to the City. The Developer, on behalf of itself and its successors
and assigns, 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,
Chapter 429.
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
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 is two (2) years from
the date of final written City acceptance of the installation.
36. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement, payment of special assessments, payment of the costs of all public
Subdivision Improvements, and construction of all public Subdivision Improvements, the
Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a
combination of a cash escrow and letter of credit (the “Security") in the amount of $672,679. The
bank originating the letter of credit shall be determined by the City to be solvent and creditworthy.
The letter of credit shall substantially be in the form attached to this Agreement and must be
approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at
any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies
23
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 a 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 of credit from an issuing bank satisfactory to the City,
the City may draw under the existing letter of credit.
This breakdown is for historical reference; it is not a restriction on the use of the Security.
The City may draw down the Security, without notice, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required
public Subdivision Improvements are not completed at least thirty (30) days prior to the expiration
of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall
be used by the City to cure the default.
37. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. Upon completion of grading operations, including temporary site restoration. The
Developer must submit an as-built grading survey to the City that at a minimum
establishes the as-built grades at all lot corners and downstream drainage
conveyance systems and storm water ponds. Upon inspection of the site and
approval of the as-built survey by the City, one hundred (100) percent, or $0, of the
Security associated with grading may be released. This Security reduction does not
include amounts related to erosion and sedimentation control.
B. Up to 75 percent of the Security associated with the itemization on Exhibit C may be
released upon completion of the following key milestones of the project as
determined by the City Engineer:
24
1. Construction Categories 2 and 3: The amount of $142,781 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 $276,791 may be released
when all streets, sidewalks, and storm sewer have been installed and tested,
and have been found to be complete to the satisfaction of the City Engineer
including all corrective work for any identified punch list items and including
verification of storm sewer as-built inverts, but not including the final wear
course.
3. Construction Categories 6-10 and 14-17: The amount of $46,968 may be
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) the required "record" plans in the form of the City standards have been
received and approved by the City; and (5) the public Subdivision
Improvements are accepted by the City Engineer and the City Council.
4. Construction Categories 11, 12 and 13: The amount of $37,969 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: (1) all Subdivision
Improvements have been fully completed and accepted by the City, including all
25
corrective work and warranty punch list items; (2) all financial obligations to the
City have been satisfied; and (3) the warranty period has expired.
D. Twenty-five percent (25%) 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 City, including all
corrective work and warranty punch list items being completed 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 of proof satisfactory to
the City Engineer that work is progressing in accordance with the approved Plans
and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve a one-time reduction in the Security
for Construction Categories 2-5 in an amount not to exceed fifty (50) percent of the
initial Security amount.
F. It is the intent of the parties that the City at all times have available to it Security in
an amount adequate to ensure completion of all elements of the Subdivision
Improvements and other obligations of the Developer under this Agreement,
including fees or costs due to the City by the Developer. To that end and
notwithstanding anything herein to the contrary, 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 to the City prior to recording the final plat:
Sewer Availability Charge (SAC): $60,000
Water Availability Charge (WAC): $60,000
Park Dedication: N/A
26
AUAR Fee: $4,600
Special Assessments Due: N/A
Street Light Operating Fee: $387
City Base Map Upgrading ($25.00 per REU): $500
City Engineering Administration Escrow: 50,000
TOTAL CASH REQUIREMENTS: $175,487
39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail
at the following address: Robert Engstrom Companies, 4801 West 81st Street, #101,
Bloomington, MN. Notices to the City shall be in writing and shall be either hand delivered to the
City Administrator, or mailed to the City by certified mail in care of the City Administrator at the
following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042.
40. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership
of the property being platted by way of an attorney’s title insurance policy dated not earlier than
thirty (30) days prior to the execution of the plat.
41. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws,
ordinances, regulations, and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of the Minnesota.
42. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
43. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement
is cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, or available to the City at law or in equity, or under any other agreement. Each
and every right, power, and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall
27
not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy.
If either party waives in writing any default or nonperformance by the other party, such waiver
shall be deemed to apply only to such event and shall not waive any other prior or subsequent
default.
44. COUNTERPARTS. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
28
CITY OF LAKE ELMO
By: ____________ __________________ Its: Mayor By: __________________ _____________ Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ___ day of ________________,
2017, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City of
Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
29
ROBERT ENGSTROM
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________,
2017, by _______________________, the _______________________of
____________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
30
FEE OWNER CONSENT TO
DEVELOPMENT AGREEMENT
, fee owners of all or
part of the subject property, the development of which is governed by the foregoing Development
Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions
as the same may apply to that portion of the subject property owned by them.
Dated this day of , 2017.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2017.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
31
MORTGAGE CONSENT TO
DEVELOPMENT AGREEMENT
, which holds a
mortgage on the Property, the development of which is governed by the foregoing Development
Agreement, agrees that the Development Agreement shall remain in full force and effect even if
it forecloses on its mortgage.
Dated this day of , 2017.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________,
2017, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY:
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
32
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 ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
EXHIBIT A TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
Outlot O, Wildflower at Lake Elmo 1st Addition, according to the recorded plat thereof,
Washington County, Minnesota.
B-1
EXHIBIT B TO
DEVELOPMENT CONTRACT
List of Plan Documents
The following documents prepared by Pioneer Engineering, collectively constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS:
SHEET TITLE REVISION
DATE
1
Cover March 3, 2017
2
Legend March 3, 2017
3
Utility Plan Overall March 3, 2017
4-6
Sanitary Sewer & Watermain March 3, 2017
7
Storm Sewer March 3, 2017
8-12
Street Profiles March 3, 2017
13
Signing, Striping & Lighting March 3, 2017
14-21
City Details March 3, 2017
L1-L3
Landscape Plan March 2, 2017
C-1
EXHIBIT C TO
DEVELOPMENT CONTRACT
Subdivision Improvements Cost/Security Amount Estimate
CONSTRUCTION CATEGORY COST 125%
1 Grading
N/A
2 Sanitary Sewer
$71,020 $88,774
3 Watermain
$81,280 $101,600
4 Storm Sewer (includes pond structures
and outfall pipes)
$52,912 $66,140
5 Streets and Sidewalks
$242,332 $302,915
6 Trails
$3,257 $4,071
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
N/A
8 Street Lighting
$18,000 $22,500
9 Street and Traffic Signs
$5,310 $6,638
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$115,000 $143,750
11 Landscaping Improvements
$40,500 $50,625
12 Tree Preservation and Restoration
N/A
13 Wetland Mitigation and Buffers
N/A
14 Monuments
$2,000 $2,500
15 Erosion and Sedimentation Control
$16,533 $20,666
16 Miscellaneous Facilities
N/A
17 Developer’s Record Drawings
$5,000 $6,250
TOTALS
$629,791
$787,239
FORM OF IRREVOCABLE LETTER OF CREDIT
No.__________________
Date: ________________
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight
on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___,
of (Name of Bank)" ;
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on
November 30, 20___.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter
of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail,
at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator,
City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City
Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to
herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
STAFF REPORT
DATE: 3/21/2017
CONSENT
ITEM #: 14
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Amend City Code Section 11.01: Definitions
REVIEWED BY: Kristina Handt, City Administrator
Washington County Department of Public Health and
Environment
BACKGROUND:
At its December 6, 2016 meeting, the Council adopted amendments to Chapter 51:
Waste Water Treatment Systems of the City Code in order to bring the pertaining
sections in to compliance with State rules. The ordinance amendment adopted
Chapter 4 of the Washington County Development Code with exceptions, and
outlined changed standards.
Under Minnesota Pollution Control Agency (MPCA) requirements, the City is also
required to submit changes to the MPCA for review along with a required checklist
and list of differences between Minn. Rules Chapter 7080 and 7081 and the City
Code. Upon compiling this checklist and list of differences, Staff found that a
number of definitions within the City Code were not consistent with Minn. Rules
and has prepared definition amendments to obtain consistency. The MPCA has
reviewed Chapter 51 and the proposed definition amendments and has found no
issues with either.
ISSUE BEFORE COUNCIL:
The Council should consider amendments to Section 11.01: Definitions of Chapter
11: General Code Provisions.
PROPOSAL DETAILS/ANALYSIS:
Staff has prepared amendments to these definitions which accomplish the
following:
• Repeal definitions which are not found elsewhere within the Code.
• State that certain definitions shall not apply to Sections 51.001-51.005.
Sections 51.001-51.005 adopt Chapter 4 of the Washington County
Development Code, which sets forth definitions to which the chapter
applies.
FISCAL IMPACT:
None.
OPTIONS:
• Approve the proposed ordinance as proposed.
• Amend the proposed ordinance and approve.
• Deny the proposed ordinance.
RECOMMENDATION:
Staff respectfully requests that Council, as part of tonight’s Consent Agenda,
approve the ordinance amending definitions to Chapter 11: Definitions pertaining to
Sections 51.001-51.005: Subsurface Sewage Treatment Systems Waste as proposed.
If removed from the Consent Agenda, Council may adopt the proposed ordinance
with the following motion:
“Motion to adopt Ord 08-171 amending definitions of Chapter 11: Definitions
pertaining to Sections 51.001-51.005: Subsurface Sewage Treatment Systems
Waste.”
Staff also recommends that the Council authorize summary publication of Ord 08-
171.
“Motion to adopt Resolution 2017-022 approving summary publication of Ord
08-171.”
ATTACHMENTS:
• Ord 08-171
• Resolution 2017-022
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-171
AN ORDINANCE AMENDING CHAPTER 11 OF TITLE I: GENERAL
PROVISIONS OF THE LAKE ELMO CITY CODE
SECTION 1. The City Council of the City of Lake Elmo hereby amends the Lake Elmo
City Code of Ordinances; Title I: General Provisions; Chapter 11: General Code
Provisions; Section 11.01, by amending the following:
ALTERNATIVE SYSTEM. An individual sewage treatment system other than the standard
system defined under INDIVIDUAL SEWAGE TREATMENT SYSTEM below in this section.
BAFFLE. A device permanently attached or integral to the sewage tank to provide proper
operations of the tank and maximum retention of solids.
BEDROCK. The layer of parent materials which by its composition and structure, as
compared to soil, is inadequate to provide adequate filtration and treatment of sewage tank
effluent.
BEDROOM. Any room within a dwelling unit which, by virtue of its design and location,
might reasonably be used as a sleeping room. This definition shall not apply to Sections 51.001-
51.005 of this Code.
BUILDING DRAIN. The part of the lowest piping of the drainage system which receives
the sewage discharge inside the walls of the building and conveys it to the building sewer which
begins at least 1 foot outside the building line.
BUILDING SEWER. The part of the drainage system which extends from the building drain
to the point of connection to either a public sewer, a septic tank, pumping chamber, or an
individual sewage treatment system, for the purpose of conveying waste water. This definition
shall not apply to Sections 51.001- 51.005 of this Code.
CAPACITY (SEWER SYSTEMS). The internal liquid volume of a sewage tank below the
outlet level. This definition shall not apply to Sections 51.001- 51.005 of this Code.
CESSPOOL. An underground pit into which raw household sewage or other untreated liquid
waste is discharged and from which the liquid is allowed to seep into the surrounding soil. This
definition shall not apply to Sections 51.001- 51.005 of this Code.
COMMUNITY SEWAGE TREATMENT SYSTEM. A publicly constructed, operated, and
maintained sewage treatment and collection system which collects sewage from 2 or more
residences or other establishments, consisting of collector lines, pumps, sewage tanks, and soil
treatment unit, also known as a cluster system; for purposes of administration, operation,
maintenance, and replacement; individual off-site systems shall be considered community
sewage treatment systems.
DISTRIBUTION PIPE. Perforated pipe or spaced agricultural drain tile which is used to
distribute sewage tank effluent in a soil treatment system.
DOMESTIC WASTE WATER. Waste water that is primarily produced by residential users,
with B.O.D.5 concentrations of approximately 250 mg/l and suspended solids concentration of
approximately 300 mg/l.
DOSING CHAMBER. A separate tank or chamber which receives effluent from the sewage
tank and serves a reservoirs for the dosing device.
DOSING DEVICE. A pump, siphon, or other device which mechanically discharges sewage
tank effluent from the dosing chamber to the soil treatment system.
FILTER MATERIAL. Clean rock, crushed igneous rock, or similar durable and decay-
resistant material free from dust, sand, silt, or clay which is insoluble in sewage tank
HOLDING TANK. A watertight sewage tank for the temporary storage of sewage until it is
transported to an approved point for treatment and disposal. This definition shall not apply to
Sections 51.001- 51.005 of this Code.
ILLICIT CONNECTIONS. Either of the following
(1) Any drain or conveyance, whether on the surface or subsurface that allows an illegal
discharge to enter the storm drain system including but not limited to any conveyances that allow
any non-storm water discharge including sewage, process wastewater, and wash water to enter
the storm drain system and any connections to the storm drain system from indoor drains and
sinks, regardless of whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the
storm drain system that has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
This definition shall not apply to Sections 51.001- 51.005 of this Code.
INCOMPATIBLE WASTE (SEWER SYSTEMS). Waste that either singly or by interaction
with other wastes interferes with any waste treatment process, constitutes a hazard to humans or
animals, creates a public nuisance, or creates any hazard in the receiving water of the waste
water treatment works.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal
system, or other sewage treatment device. This definition shall not apply to Sections 51.001-
51.005 of this Code.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. An on-site sewage treatment system
connecting to a single dwelling or other establishment, consisting of soil treatment unit, septic
tank, and any associated pumping and piping systems. This definition shall not apply to Sections
51.001- 51.005 of this Code.
MOUND SYSTEM. An alternative sewage treatment system designed with the soil treatment
area built above existing grade to overcome the limitations of water table, bedrock, or soil
permeability. This definition shall not apply to Sections 51.001- 51.005 of this Code.
SEEPAGE PIT (LEACHING PIT OR DRY WELL). A lined underground pit into which
sewage tank effluent or other liquid waste is discharged and from which seepage into the soil
occurs through the bottom and sidewall openings. This definition shall not apply to Sections
51.001- 51.005 of this Code.
SEPTAGE. Those accumulated solids and liquids removed from a sewage tank or holding
tank during regular periods of maintenance. This definition shall not apply to Sections 51.001-
51.005 of this Code.
SEPTIC TANK. A sound, durable, watertight sewage tank designed and constructed to
receive the discharge of sewage from a building sewer, separate solids from liquids, digest
organic matter, and store liquids through a period of detention. This definition shall not apply to
Sections 51.001- 51.005 of this Code.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system,
or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road,
highway, property line, or other facility. Distances are to be measured perpendicularly from the
property line to the most outwardly extended portion of the structure at ground level. This
definition shall not apply to Sections 51.001- 51.005 of this Code.
SEWAGE. Any water carrying domestic water, exclusive of footing and roof drainage, from
any dwelling, industrial, agricultural, commercial establishment, or other structure. Domestic
waste includes but is not limited to liquid waste produced by bathing, laundry, and culinary
operations, and liquid waste from toilets and floor drains, and specifically excludes animal waste
and commercial process waste. This definition shall not apply to Sections 51.001- 51.005 of this
Code.
SEWAGE FLOW RATE. Flow rates as determined by actual metered water use or as
estimated on the basis of use and occupancy.
SEWAGE TANK. A watertight tank used for the retention of sewage. Includes, but is not
limited to, septic tanks, holding tanks, and dumping chambers. This definition shall not apply to
Sections 51.001- 51.005 of this Code.
SEWAGE TANK EFFLUENT. The liquid which flows from a septic tank under normal
operations.
SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other
individual or cluster type sewage treatment system. This definition shall not apply to Sections
51.001- 51.005 of this Code.
SOIL TREATMENT AREA. The area of trench of bed bottom which is in direct contact
with the filter material of the soil treatment system.
SOIL TREATMENT SYSTEM. A system whereby sewage tank effluent is treated and
disposed of below the ground surface by filtration and percolation through the soil.
VALVE BOX. Any device which can stop sewage tank effluent from flowing to a portion of
the soil treatment system. This definition shall not apply to Sections 51.001- 51.005 of this Code.
Section 2: 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. 08-171 was adopted on this 21st day of March, 2017, by a vote of
____ Ayes and ____ Nays.
_____________________________
Mike Pearson, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
RESOLUTION NO. 2017-022
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 08-171 BY TITLE AND SUMMARY
WHEREAS, the City Council of the city of Lake Elmo has adopted Ordinance No. 08-168,
an ordinance to amend City Code Section 11.01: Definitions; 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 t he City Council of the City of Lake Elmo,
that the City Administrator shall cause the following summary of Ordinance No. 08-168 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. 08-171. The ordinance
amends definitions of Section 11.01: Definitions of the Lake Elmo City Code which pertain to
Subsurface Sewage Treatment Systems. Certain terms that are not located elsewhere in the City
Code are repealed, and certain definitions are not applicable to Sections 51.001-51.005 of the City
Code.
The full text of Ordinance No. 08-171 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: March 21, 2017.
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same: ______________________
Whereupon said resolution was declared duly passed and adopted.
STAFF REPORT
DATE: 3/21/2017
CONSENT
ITEM #: 14
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Amend City Code Section 11.01: Definitions
REVIEWED BY: Kristina Handt, City Administrator
Washington County Department of Public Health and Environment
BACKGROUND:
At its December 6, 2016 meeting, the Council adopted amendments to Chapter 51: Waste Water
Treatment Systems of the City Code in order to bring the pertaining sections in to compliance
with State rules. The ordinance amendment adopted Chapter 4 of the Washington County
Development Code with exceptions, and outlined changed standards.
Under Minnesota Pollution Control Agency (MPCA) requirements, the City is also required to
submit changes to the MPCA for review along with a required checklist and list of differences
between Minn. Rules Chapter 7080 and 7081 and the City Code. Upon compiling this checklist
and list of differences, Staff found that a number of definitions within the City Code were not
consistent with Minn. Rules and has prepared definition amendments to obtain consistency. The
MPCA has reviewed Chapter 51 and the proposed definition amendments and has found no
issues with either.
ISSUE BEFORE COUNCIL:
The Council should consider amendments to Section 11.01: Definitions of Chapter 11: General
Code Provisions.
PROPOSAL DETAILS/ANALYSIS:
Staff has prepared amendments to these definitions which accomplish the following:
• Repeal definitions which are not found elsewhere within the Code.
• State that certain definitions shall not apply to Sections 51.001-51.005. Sections 51.001-
51.005 adopt Chapter 4 of the Washington County Development Code, which sets forth
definitions to which the chapter applies.
FISCAL IMPACT:
None.
OPTIONS:
• Approve the proposed ordinance as proposed.
• Amend the proposed ordinance and approve.
• Deny the proposed ordinance.
RECOMMENDATION:
Staff respectfully requests that Council, as part of tonight’s Consent Agenda, approve the
ordinance amending definitions to Chapter 11: Definitions pertaining to Sections 51.001-51.005:
Subsurface Sewage Treatment Systems Waste as proposed. If removed from the Consent Agenda,
Council may adopt the proposed ordinance with the following motion:
“Motion to adopt Ord 08-171 amending definitions of Chapter 11: Definitions pertaining to
Sections 51.001-51.005: Subsurface Sewage Treatment Systems Waste.”
Staff also recommends that the Council authorize summary publication of Ord 08-171.
“Motion to adopt Resolution 2017-022 approving summary publication of Ord 08-171.”
ATTACHMENTS:
• Ord 08-171
• Resolution 2017-022
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-171
AN ORDINANCE AMENDING CHAPTER 11 OF TITLE I: GENERAL
PROVISIONS OF THE LAKE ELMO CITY CODE
SECTION 1. The City Council of the City of Lake Elmo hereby amends the Lake Elmo
City Code of Ordinances; Title I: General Provisions; Chapter 11: General Code
Provisions; Section 11.01, by amending the following:
ALTERNATIVE SYSTEM. An individual sewage treatment system other than the standard
system defined under INDIVIDUAL SEWAGE TREATMENT SYSTEM below in this section.
BAFFLE. A device permanently attached or integral to the sewage tank to provide proper
operations of the tank and maximum retention of solids.
BEDROCK. The layer of parent materials which by its composition and structure, as
compared to soil, is inadequate to provide adequate filtration and treatment of sewage tank
effluent.
BEDROOM. Any room within a dwelling unit which, by virtue of its design and location,
might reasonably be used as a sleeping room. This definition shall not apply to Sections 51.001-
51.005 of this Code.
BUILDING DRAIN. The part of the lowest piping of the drainage system which receives
the sewage discharge inside the walls of the building and conveys it to the building sewer which
begins at least 1 foot outside the building line.
BUILDING SEWER. The part of the drainage system which extends from the building drain
to the point of connection to either a public sewer, a septic tank, pumping chamber, or an
individual sewage treatment system, for the purpose of conveying waste water. This definition
shall not apply to Sections 51.001- 51.005 of this Code.
CAPACITY (SEWER SYSTEMS). The internal liquid volume of a sewage tank below the
outlet level. This definition shall not apply to Sections 51.001- 51.005 of this Code.
CESSPOOL. An underground pit into which raw household sewage or other untreated liquid
waste is discharged and from which the liquid is allowed to seep into the surrounding soil. This
definition shall not apply to Sections 51.001- 51.005 of this Code.
COMMUNITY SEWAGE TREATMENT SYSTEM. A publicly constructed, operated, and
maintained sewage treatment and collection system which collects sewage from 2 or more
residences or other establishments, consisting of collector lines, pumps, sewage tanks, and soil
treatment unit, also known as a cluster system; for purposes of administration, operation,
maintenance, and replacement; individual off-site systems shall be considered community
sewage treatment systems.
DISTRIBUTION PIPE. Perforated pipe or spaced agricultural drain tile which is used to
distribute sewage tank effluent in a soil treatment system.
DOMESTIC WASTE WATER. Waste water that is primarily produced by residential users,
with B.O.D.5 concentrations of approximately 250 mg/l and suspended solids concentration of
approximately 300 mg/l.
DOSING CHAMBER. A separate tank or chamber which receives effluent from the sewage
tank and serves a reservoirs for the dosing device.
DOSING DEVICE. A pump, siphon, or other device which mechanically discharges sewage
tank effluent from the dosing chamber to the soil treatment system.
FILTER MATERIAL. Clean rock, crushed igneous rock, or similar durable and decay-
resistant material free from dust, sand, silt, or clay which is insoluble in sewage tank
HOLDING TANK. A watertight sewage tank for the temporary storage of sewage until it is
transported to an approved point for treatment and disposal. This definition shall not apply to
Sections 51.001- 51.005 of this Code.
ILLICIT CONNECTIONS. Either of the following
(1) Any drain or conveyance, whether on the surface or subsurface that allows an illegal
discharge to enter the storm drain system including but not limited to any conveyances that allow
any non-storm water discharge including sewage, process wastewater, and wash water to enter
the storm drain system and any connections to the storm drain system from indoor drains and
sinks, regardless of whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the
storm drain system that has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
This definition shall not apply to Sections 51.001- 51.005 of this Code.
INCOMPATIBLE WASTE (SEWER SYSTEMS). Waste that either singly or by interaction
with other wastes interferes with any waste treatment process, constitutes a hazard to humans or
animals, creates a public nuisance, or creates any hazard in the receiving water of the waste
water treatment works.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal
system, or other sewage treatment device. This definition shall not apply to Sections 51.001-
51.005 of this Code.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. An on-site sewage treatment system
connecting to a single dwelling or other establishment, consisting of soil treatment unit, septic
tank, and any associated pumping and piping systems. This definition shall not apply to Sections
51.001- 51.005 of this Code.
MOUND SYSTEM. An alternative sewage treatment system designed with the soil treatment
area built above existing grade to overcome the limitations of water table, bedrock, or soil
permeability. This definition shall not apply to Sections 51.001- 51.005 of this Code.
SEEPAGE PIT (LEACHING PIT OR DRY WELL). A lined underground pit into which
sewage tank effluent or other liquid waste is discharged and from which seepage into the soil
occurs through the bottom and sidewall openings. This definition shall not apply to Sections
51.001- 51.005 of this Code.
SEPTAGE. Those accumulated solids and liquids removed from a sewage tank or holding
tank during regular periods of maintenance. This definition shall not apply to Sections 51.001-
51.005 of this Code.
SEPTIC TANK. A sound, durable, watertight sewage tank designed and constructed to
receive the discharge of sewage from a building sewer, separate solids from liquids, digest
organic matter, and store liquids through a period of detention. This definition shall not apply to
Sections 51.001- 51.005 of this Code.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system,
or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road,
highway, property line, or other facility. Distances are to be measured perpendicularly from the
property line to the most outwardly extended portion of the structure at ground level. This
definition shall not apply to Sections 51.001- 51.005 of this Code.
SEWAGE. Any water carrying domestic water, exclusive of footing and roof drainage, from
any dwelling, industrial, agricultural, commercial establishment, or other structure. Domestic
waste includes but is not limited to liquid waste produced by bathing, laundry, and culinary
operations, and liquid waste from toilets and floor drains, and specifically excludes animal waste
and commercial process waste. This definition shall not apply to Sections 51.001- 51.005 of this
Code.
SEWAGE FLOW RATE. Flow rates as determined by actual metered water use or as
estimated on the basis of use and occupancy.
SEWAGE TANK. A watertight tank used for the retention of sewage. Includes, but is not
limited to, septic tanks, holding tanks, and dumping chambers. This definition shall not apply to
Sections 51.001- 51.005 of this Code.
SEWAGE TANK EFFLUENT. The liquid which flows from a septic tank under normal
operations.
SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other
individual or cluster type sewage treatment system. This definition shall not apply to Sections
51.001- 51.005 of this Code.
SOIL TREATMENT AREA. The area of trench of bed bottom which is in direct contact
with the filter material of the soil treatment system.
SOIL TREATMENT SYSTEM. A system whereby sewage tank effluent is treated and
disposed of below the ground surface by filtration and percolation through the soil.
VALVE BOX. Any device which can stop sewage tank effluent from flowing to a portion of
the soil treatment system. This definition shall not apply to Sections 51.001- 51.005 of this Code.
Section 2: 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. 08-171 was adopted on this 21st day of March, 2017, by a vote of
____ Ayes and ____ Nays.
_____________________________
Mike Pearson, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
RESOLUTION NO. 2017-022
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 08-171 BY TITLE AND SUMMARY
WHEREAS, the City Council of the city of Lake Elmo has adopted Ordinance No. 08-168,
an ordinance to amend City Code Section 11.01: Definitions; 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 t he City Council of the City of Lake Elmo,
that the City Administrator shall cause the following summary of Ordinance No. 08-168 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. 08-171. The ordinance
amends definitions of Section 11.01: Definitions of the Lake Elmo City Code which pertain to
Subsurface Sewage Treatment Systems. Certain terms that are not located elsewhere in the City
Code are repealed, and certain definitions are not applicable to Sections 51.001-51.005 of the City
Code.
The full text of Ordinance No. 08-171 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: March 21, 2017.
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same: ______________________
Whereupon said resolution was declared duly passed and adopted.
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 15
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Renewal of “CONTINUING MEDICAL EDUCATION AGREEMENT
BETWEEN REGIONS HOSPITAL, THROUGH REGIONS HOSPITAL EMERGENCY
MEDICAL SERVICES AND LAKE ELMO FIRE DEPARTMENT”
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: We have been utilizing Regions Hospital for our medical training since 2007. This
renewal is for a two year agreement with Regions Hospital to provide quarterly medical training to Lake
Elmo FD for the purpose of maintaining certifications.
ISSUE BEFORE COUNCIL: Renewal of two year “CONTINUING MEDICAL EDUCATION
AGREEMENT BETWEEN REGIONS HOSPITAL, THROUGH REGIONS HOSPITAL
EMERGENCY MEDICAL SERVICES AND LAKE ELMO FIRE DEPARTMENT”
PROPOSAL DETAILS/ANALYSIS:
FISCAL IMPACT: $1,900.00 ($100.00 per Firefighter). We had budgeted for 23 Firefighters in
2017, therefore we will be $400 under budget.
OPTIONS:
RECOMMENDATION: Approve agreement.
ATTACHMENTS: Copy of agreement
CONTINUING MEDICAL EDUCATION AGREEMENT
BETWEEN
REGIONS HOSPITAL,
THROUGH REGIONS HOSPITAL EMERGENCY MEDICAL SERVICES
AND
LAKE ELMO FIRE DEPARTMENT
THIS CONTINUING MEDICAL EDUCATION AGREEMENT (“Agreement”),
effective April 1, 2017 (“Effective Date”), is between the Regions Hospital,
(“Regions”), through its Regions Emergency Medical Services Program (“Regions
EMS”), and Lake Elmo Fire Department (the “Agency”).
Regions and Agency, in consideration of the mutual terms and conditions,
promises, covenants, and payments hereinafter set forth, agree as follows:
SECTION 1 - Services
1.1 CME Training. Regions EMS will provide the following Continuing Medical
Education (“CME”) training to Agency providers (“Students”):
a. Basic Life Support (“BLS”) CME to cover twenty-four (24) hours of the two-
year education requirement for the Emergency Medical Responder and
Emergency Medical Technician to satisfy the Minnesota State re-certification
requirements.
b. Conduct skills testing as part of the CME training
c. Integrated BLS/First Responder education that challenges the entire Agency
team.
d. Provide multiple CME training sessions within a Contract Quarter (as defined
below) for Students to have more than one option for attending. For purposes
of this Agreement “Contract Quarter” means each three-month period of the
term of this Agreement beginning on the Effective Date.
e. BLS CME that challenges Students, and uses reasonable efforts to ensure
diversity with respect to instructors and resources
1.2 Scheduling. Regions EMS will provide unique CME in the areas noted above on
a quarterly basis (i.e., four (4) Contract Quarters per year) following the academic
calendar for Minnesota State registration purposes. The CME cycle begins April
of each year. A session will be 3.0 hours in length.
1.3 Number of Trainees. Each CME training session will be open to a maximum of
twenty-four (24) Students, unless otherwise agreed to by the parties. Agency will
provide Regions EMS with a roster of expected Students to allow Regions EMS
to coordinate the attendance of providers from other services.
1.4 Attendance Reports. Regions EMS will provide accurate reports of Students
attendance at the training sessions for re-certification.
2
1.5 Training Site. Except as otherwise specified in Paragraph 1.2 of this Agreement,
training will be held at Lake Elmo Fire Department Station #1, 3510 Laverne
Ave. North, Lake Elmo, MN 55042. (the “Facility”). The Facility will
accommodate up to twenty-four (24) Students, and contain seating that is
conducive to lecture, and two separate spaces that accommodate up to twelve (8)
Students, (1) Instructor, and training equipment.
1.6 Equipment. Regions EMS will provide all reasonably necessary equipment for
the CME training sessions, including AV, manikin, etc., unless such equipment is
otherwise provided by Agency.
1.7 Evaluation and Tracking. Regions EMS will be responsible for educational
evaluation, tracking, and reporting to Agency. Regions EMS will provide
feedback to Agency on the status of attendance prior to the last CME session of
each Contract Quarter.
1.8 Agency Contact. Agency designates Greg Malmquist, Fire Chief as the primary
Agency contact related to the CME training activities contemplated in this
Agreement (“Agency CME Coordinator”). The Agency CME Coordinator will
be responsible for pre-registration of the Students for BLS CME and
communication with Regions EMS regarding attendance status, pre-registration at
other training sites, and recertification reports.
1.9 Regions EMS Contact. Regions EMS designates Tia Radant, Manager of EMS
Education, as its primary contact for CME scheduling, pre-registration, tracking
issues, and recertification administrative paperwork (“Regions EMS Contact”).
The Regions EMS Contact can be reached by calling 651-254-7788 or via email
at EMSEducation@HealthPartners.com.
1.10 Specific Medical Direction or Consultation Requirements. Regions is not
required to provide medical direction or consultation services under this
Agreement. Medical direction and/or medical consultation services will be
provided under a separate agreement.
SECTION 2 - Compensation
2.1 Fee. In consideration for the services provided under this Agreement, Agency
will pay Regions $100.00 (the “Fee”) per Student each year during the term of
this Agreement. The Fee may be prorated on a quarterly basis.
2.2 Student Count. Agency’s final Student roster count will be determined upon the
execution of this Agreement. The Agency’s roster may be increased during the
term of this Agreement as a result of new hire with the Agency. The Agency’s
roster may be decreased during the term of this Agreement as a result of change
of employment status with the Agency. The Agency will be responsible for
3
communicating roster changes directly to Regions EMS. Fees will not change
during the term of the Agreement as a result of roster changes.
It is agreed that Agency has 19 Students and will pay Regions $1900 per Contract
Year (as defined below).
2.3 Credit. If Agency is currently a party to a medical direction or medical
consultation agreement with Regions EMS, and wishes to continue this
Agreement, a teaching credit (prorated quarterly), will be applied against the Fee.
2.4 Payment Schedule. The billing cycle is as follows (check applicable billing
cycle):
Thirty days prior to start of each Contract Quarterly
Thirty days prior to start of each Contract Year (as defined below)
Upon execution of this Agreement for the entire term of the Agreement
Regions EMS will invoice Agency and Agency will pay Regions based on the
billing cycle selected above.
2.5 No Referrals for Compensation. The parties agree that the Fee has been
determined in arms length bargaining, and is consistent with fair market value in
arms-length transactions. Furthermore, the Fee is not, has not been, and will not
be, determined in a manner that takes into account the volume or value of any
referrals or business otherwise generated for or with respect to Regions or
between the parties for which payment may be made, in whole or in part under
Medicare or any state health care program or under any other payor program.
SECTION 3 – Term and Termination
3.1 Term. This Agreement will commence on the Effective Date and will remain in
effect for twenty-four (24) months (“Initial Term”). Thereafter, Regions EMS
will initiate renewal of this Agreement for successive twenty-four (24) month
periods unless either party provides the other written notice of non-renewal at
least thirty (30) days prior to the end of the then current Contract Year.
For purposes of this Agreement, the term “Contract Year” will mean each
twelve (12) month period of the term of this Agreement beginning on the
Effective Date.
3.2 Termination without Cause. Either party may terminate this Agreement at any
time without cause by providing the other party written notice of termination at
least sixty (60) days prior to the date of termination. Notwithstanding the
foregoing, any termination of this Agreement pursuant to this Section will be
effective only at the end of the then current Contract Quarter. Further, no
4
termination pursuant to this Section may be effective prior to the end of the first
Contract Year of this Agreement.
3.3 Mutual Agreement. The parties may terminate this Agreement by mutual
agreement at any time; however, no termination pursuant to this section may be
effective prior to the end of the first Contract Year of this Agreement.
SECTION 4 - Miscellaneous Provisions
4.1 Students Not Employees. Neither the Students nor the Agency staff are
employees or agents of Regions for any purpose. None of the Students or Agency
staff who participate in the CME training pursuant to this Agreement are entitled
to remuneration or any other benefits, which may have accrued, or be available to
any employee of Regions.
4.2 Entire Agreement. This Agreement contains the entire agreement between the
parties and supersedes any prior agreements between the parties and any of their
respective affiliates or related companies related to the subject matter herein.
This Agreement may not be changed, added to, amended, or modified except by a
subsequent written instrument signed by an authorized representative of each of
the parties hereto.
4.3 Governing Law. This Agreement will be governed, construed and enforced in
accordance with the laws of the State of Minnesota, without regard to its conflict
of laws provisions.
4.4 Notices. Any and all notices, requests, demands or other communications
required or permitted to be given by this Agreement or any agreements referred to
herein or entered into pursuant hereto, or by any rule or law, of any kind
(“Notices”) will be given in writing and will be deemed to have been given if and
when personally delivered, sent by first class prepaid mail, by telegram, or by
facsimile, and actually received. Notices will be sent/delivered to the party at the
address set forth below or to such other address and to such other person as such
party will notify the other Party:
To Regions Hospital To Agency
Emergency Medical Services
640 Jackson Street #13801B
St. Paul, MN 55101 – 2595
Attn: Education Manager
Lake Elmo Fire Department
3510 Laverne Ave. North
Lake Elmo, MN 55042
Attn: Greg Malmquist, Fire Chief
5
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
indicated below.
REGIONS HOSPITAL AGENCY
By: By:
Its: Its:
Date: Date:
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 16
AGENDA ITEM: I-94 Lift Station (No. 1) and Sanitary Sewer Improvements – Resolution
Approving Plans and Specifications and Ordering Advertisement for Bids
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director
Chad Isakson, Project Engineer
BACKGROUND: The I-94 Lift Station (No. 1) is located along Hudson Boulevard approximately 1,600
feet east of Inwood Avenue. The lift station was constructed as part of the Eagle Point Business Park with
the capacity to serve only the 160 acre business park area. In 2013 the City expanded the sanitary sewer
and water service area beyond the Eagle Point Business Park to include the area south of 10th Street between
Inwood Avenue and Keats Avenue, consisting of 4.5 times the service area. With this expanded service
area it was identified that Lift Station No. 1 would need to be replaced as the new service area was built-
out and the replacement was programmed in the City’s Capital Improvement Plan for 2017. The CIP listed
this improvement as the Hudson Boulevard Lift Station.
In 2016, staff reviewed the condition and capacity of Lift Station No. 1 and verified that replacement should
occur as planned. On October 4, 2016 the council authorized the preparation of plans and specifications for
the improvements for construction in 2017.
ISSUE BEFORE COUNCIL: Should the City Council approve the plans and specifications and order
advertisement for bids for the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements?
PROPOSAL DETAILS/ANALYSIS: The improvements include the replacement of Lift Station No. 1
including a three-pump lift station sized for the initial pumps (2.02 MGD) to handle today’s lower flow
conditions and also be able to accommodate the service area up to 85% of full build-out. Once at capacity
the pumps will be able to be pulled and replaced with minimal changes to the other lift station components
to meet the full demand at build-out (2.40 MGD). The lift station improvements include an on-site generator
for back-up power, electrical control panel, SCADA controls, and site improvements.
The sanitary sewer improvements include approximately 1,700 feet of 15-inch diameter trunk gravity sewer
along Hudson Boulevard from the existing lift station site to Jade Trail North, the new street to the Boulder
Ponds subdivision. The new sewer is replacing existing 12-inch and 10-inch sewer that is too small to meet
the growing demands.
The plans and specifications have been completed for the improvements and are ready to be advertised for
contractor bids. A bid date has been scheduled for April 20, 2017. Once received, bids will be reviewed by
staff and if acceptable will be presented to council in May to award a contract.
FISCAL IMPACT: The total estimated project cost is $1,125,000 to be paid from the Sanitary Sewer
Enterprise fund. The 2017 Capital Improvement Plan identified this improvement project in the amount of
only $500,000. The cost change is reflective of the CIP amount being generated in 2013 based on the Keats
Lift Station construction bids, which did not turn out to be a representative project.
Approval of this motion does not commit the council to the project costs. Once contractor bids are received,
the actual construction costs will be known and the council will be asked to consider entering into a contract
to complete the work.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent
agenda, Resolution 2017-023 approving the plans and specifications and order the advertisement for bids
for the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements. If removed from the consent agenda,
the recommended motion for the action is as follows:
“Move to approve Resolution No. 2017 –023, approving the plans and specifications and ordering the
advertisement for bids for the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements.”
ATTACHMENTS:
1. Resolution No. 2017-023 Approving the plans and specifications and order the advertisement for
bids for the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements.
2. Location Map.
3. Project Schedule.
4. Project Plans and Specifications available for review at City Hall.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-023
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR THE
I-94 LIFT STATION (NO. 1) AND SANITARY SEWER IMPROVEMENTS
WHEREAS, pursuant to a resolution passed by the City Council on the 4th day of October
2016, the City Engineer, together with Bolton and Menk has prepared plans and specifications for
the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements and has presented such plans and
specifications to the Council for approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED,
1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall, and made
a part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and posted online
with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon
the making of such improvements under such approved plans and specifications. The
advertisement shall be published for at least 21 days, shall specify the work to be done, and
shall state that sealed bids provided to the City Clerk prior to the specified bid date and
time and accompanied by a bid bond or cashier’s check made payable to the City of Lake
Elmo in an amount not less than 5% of the amount of such bid will be considered.
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
Created on 3/14/2017
This drawing is the result of the compilation and reproductionof land records as they appear in various Washington Countyoffices. The drawing should be used for reference purposes only. Washington County is not responsible for anyinaccuracies.
MAP FOR REFERENCE ONLYNOT A LEGAL DO CUMENT
0 980 1,9 60490 Feet
PROJECT SCHEDULE
CITY OF LAKE ELMO
I-94 LIFT STATION (No. 1) AND SANITARY SEWER IMPROVEMENTS
PROJECT NO. 2016.134
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
MARCH 2016
OCTOBER 4, 2016 Council orders preparation of Plans and Specifications and Awards Engineering
Design and Construction Support Services Task Order.
MARCH 21, 2017 Council approves Plans and Specifications; orders ad for bids.
APRIL 20, 2017 Receive contractor bids.
MAY 2, 2017 Council accepts bids and awards contract.
MAY 15, 2017 Conduct Pre-construction meeting and issue Notice to Proceed.
NOVEMBER, 2017 Substantial Completion; lift station online and operational.
DECEMBER, 2017 Final Completion; punch list and final paperwork.
STAFF REPORT
DATE: 3/21/2017
CONSENT
ITEM#: 17
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Request for Funds for Survey of Washington County Landfill Site
REVIEW BY: Kristina Handt, City Administrator
BACKGROUND:
The Minnesota Legislature, in 1994, adopted a Landfill Cleanup Act (LCA) (M.S. 115B.39-
115B.45) which created the Closed Landfill Program (CLP), designating the Minnesota Pollution
Control Agency (MPCA) responsible for clean and long term care of 112 closed, municipal,
solid waste landfills throughout the state, making it responsible for managing risk to public
health and environment associated with landfills. M.S. 115B.412, Subd. 9 requires the MPCA to
develop a Land Use Plan for each landfill and that local government units (LGUs) make their
land use plans consistent with the MPCA’s plan for the site.
The Washington County Landfill within the City of Lake Elmo is subject to the statute that
requires the MPCA develop a land use plan with which the governing body’s land use plan must
be consistent. The current land use plan for this site designates the Washington County Landfill
area as Public/Park, indicating that the area may be used for publicly owned facilities, places of
worship, public parks, and privately owned recreational facilities. This is inconsistent with the
MPCA’s requirements, as their ultimate goals are to protect the integrity of the landfill’s
remediation, protect human health and public safety, and accommodate local government needs
and desires for land use at the qualified facility with consideration for health and human safety
purposes. The Washington County Landfill site is of particular concern, as there is groundwater
contamination in certain areas, and the presence of certain activities, such as construction of
enclosed structures, may be impacted or precluded by subsurface migration of methane gas.
In order for the City to move forth with the process of amending its land use plan to obtain
consistency with that of the MPCA, the first step is to adjust the lot lines of City-owned PID#s
10-029-21-33-0001, 10-029-21-34-0001, and 15-292-12-10-0003, creating a parcel that
represents the area the MPCA would like to be shown as the restricted landfill area. This will
allow the surrounding areas to continue to be used and shown in the City’s Land Use Plan as
Public/Park.
In order for the City to move forth with the first step in adjusting the lot lines of the
aforementioned parcels, the City must first have a survey done that will show adjusted lot lines
and create new legal descriptions for the three parcels.
PROPOSAL DETAILS/ANALYSIS:
2
Current Restrictive Covenants on the Site. Currently, there are restrictive covenants on the
site, which restrict, in certain areas, constructing, excavating, or placing any structure, material,
personal property, or equipment, as well as installing drinking water wells on any area of the site,
without prior written approval of the MPCA and Minnesota Department of Health (MDH)
Commissioners. The MPCA, however, does not find the restrictive covenants to be sufficient to
manage risks associated with the landfill or to protect the remedial infrastructure the state has
invested. Summarily, they don’t want people on the land and want this to be reflected in the
City’s Land Use Plan.
Price Quotes. Staff has contacted a number of surveying companies and have received quotes
from three companies, which are attached and summarized below:
• E.G. Rud & Sons, Inc.: $4,640.00
• Landmark Surveying, Inc.: $5,500.00
• Cornerstone Land Surveying, Inc.: $5,600.00
Next Steps. Provided Council grants approval of the requested survey, the City would proceed
with the following steps:
• Process lot line adjustments/minor subdivision of PID#s 10-029-21-33-0001, 10-029-21-
34-0001, and 15-292-12-10-0003. An attachment has been provided to show how the lot
lines would be adjusted.
• Create a new land use category (Closed Landfill Restricted).
• Re-guide the parcel which the MPCA has designated as restricted to Closed Landfill
Restricted.
• Create a new zoning district that corresponds to the Closed Landfill Restricted land use
category.
• Rezone the parcel which the MPCA has designated as restricted to the newly-created
corresponding zoning district.
Additional Step – Fulfilling LAWCON Grant Requirements. The subject three Parcel ID#s
also received a Land and Water Conversion Fund (LAWCON) grant, which is a federal grant
used for the development of outdoor recreation facilities, in 1978. The Department of Natural
Resources (DNR) is responsible for tracking compliance of the conditions to which this grant
was given. In 1990, the DNR determined the Washington County Landfill area was unavailable
for public outdoor recreation use because of landfill remediation systems, specifically spray
irrigation system. The City then began with the required conversion process to convert the land
to non-recreational uses to find other land to replace it, but the City has yet to complete this
process.
Provided the City approves adjusting the lot lines and re-guiding and rezoning the area that the
MPCA has deemed restricted, the City will need to have the value of the restricted land assessed
and replace the value of that land with other parkland within the City. Staff has obtained quotes
for this assessment and has found this could cost around $3,000.00. This can be new parkland
that is acquired through a subdivision process. The DNR has indicated that until this has been
corrected, they would not be able to provide additional grants, and the State could be held
responsible by the National Park Service to satisfy the contract requirements.
FISCAL IMPACT:
3
If approved by Council, the survey could cost up to $5,600. This cost will be taken from the
general Parks and Recreation operating budget (not park dedication funds). Additionally, in order
to replace the value of land to meet conditions of the LAWCON grant of 1978, the City would
have to hire an assessor at the cost of approximately $3,000 (approval of this cost is not being
requested at this time). The assessed value of the restricted area parcel will then need to be
replaced elsewhere in the City.
OPTIONS:
The Council may:
• Approve Staff to hire a surveyor at the cost of up to $5,600.00 and begin processing a lot
line adjustment/minor subdivision of PID#s 10-029-21-33-0001, 10-029-21-34-0001, and
15-292-12-10-0003 in order to begin the process of meeting State requirements (M.S.
115B.39-115B.45) of obtaining consistency with the MPCA’s Land Use Plan for the
Washington County Landfill Site as well as approve Staff to ultimately hire an assessor to
assess the value of the land that has been re-guided and rezoned to a restricted landfill
area at the cost of $3,000.
• Not approve Staff to hire a surveyor to begin the process of meeting State requirements
(M.S. 115B.39-115B.45) of obtaining consistency with the MPCA’s Land Use Plan for
the Washington County Landfill Site or an assessor to assess the value of the restricted
land.
• Approve one of the two costs.
RECOMMENDATION:
Staff recommends that Council approve Staff to hire a surveyor to begin the process of a lot line
adjustment/minor subdivision to create a parcel containing the Washington County Landfill
restricted area as well as approve Staff to hire an assessor to assess the value of the restricted
land after the land has been re-guided and rezoned as restricted.
“Move to approve Staff to hire a surveyor and assessor at the cost of up to $8,600.00 to begin
the process of a lot line adjustment/minor subdivision to create a parcel containing the
Washington County Landfill restricted area as well as have the value of the land assessed.”
ATTACHMENTS:
• Closed Landfill Use Plan for Washington County Landfill (for reference)
• LAWCON Conversion Requirements (for reference)
• Proposed Boundary Lines of Washington County Restricted Landfill Area
CLOSED LANDFILL USE PLAN
WASHINGTON COUNTY LANDFILL
SEPTEMBER 17, 2013
TABLE OF CONTENTS
PAGE NO.
INTRODUCTION ............................................................................................................................................. 1
SITE LOCATION AND DESCRIPTION ............................................................................................................... 2
GROUNDWATER AND METHANE GAS AREAS OF CONCERN ........................................................................ 2
CURRENT ZONING/LAND USE PLAN FOR THE LMA ...................................................................................... 4
DECLARATIONS OF RESTRICTIONS AND COVENANTS ................................................................................... 4
STATE BOND FINANCED PROPERTY .............................................................................................................. 5
MPCA’S LAND USE PLAN FOR THE LMA ........................................................................................................ 6
DISCUSSION / CONCLUSIONS ........................................................................................................................ 6
DISCLAIMER................................................................................................................................................... 7
APPENDICES
APPENDIX A: MINN. STAT. §§ 115B.412, SUBD. 4 AND 9
APPENDIX B: SITE LOCATION MAP – WASHINGTON COUNTY LANDFILL
APPENDIX C: LAND MANAGEMENT AREA – WASHINGTON COUNTY LANDFILL
APPENDIX D: LEGAL DESCRIPTION OF WASHINGTON COUNTY LANDFILL LAND MANAGEMENT AREA (LCA
PARCELS)
APPENDIX E: LCA PARCELS – WASHINGTON COUNTY LANDFILL
APPENDIX F: GWAOC – WASHINGTON COUNTY LANDFILL
APPENDIX G: MGAOC – WASHINGTON COUNTY LANDFILL
APPENDIX H: CLOSED LANDFILL MANAGEMENT USE – WASHINGTON COUNTY LANDFILL
APPENDIX I: CIVIC AND PARKS & OPEN SPACE USE – WASHINGTON COUNTY LANDFILL
APPENDIX J: SOLAR ENERGY FARM USE – WASHINGTON COUNTY LANDFILL
APPENDIX K: CLOSED LANDFILL RESTRICTED ZONING ORDINANCE TEMPLATE
1
CLOSED LANDFILL USE PLAN
WASHINGTON COUNTY LANDFILL
INTRODUCTION
In 1994, the Minnesota Legislature adopted the Landfill Cleanup Act (LCA) (Minn. Stat. 115B.39 -
115B.45) which created the Closed Landfill Program (CLP). Under the CLP, the Minnesota Pollution
Control Agency (MPCA) is responsible for the cleanup and long term care of 112 closed, municipal, solid
waste landfills throughout the State.
The mission of the CLP is to manage the risk to public health and the environment that is associated with
these landfills. Landfill gas migration and groundwater contamination can be serious issues at some
landfills. These problems can pose a threat to the health and safety of those living or occupying land
nearby. In addition, chemicals leaching from landfills can degrade groundwater and surface water
resources surrounding them. The MPCA addresses the risk to public health and the environment at the
closed landfills by undertaking cleanup actions, operating and maintaining remediation systems
(engineered covers, gas-collection and groundwater-treatment systems) and by monitoring
groundwater, surface water, and landfill gas.
The risk to public health and safety is also mitigated by implementing land-use controls that minimize
public exposure to landfill hazards and protect the state’s response action equipment. In other words,
future use of land at and around closed landfills needs to be planned carefully and responsibly.
Minnesota Statutes 115B.412, Subd. 9 of the LCA requires the MPCA to develop a Land Use Plan for each
of these landfills and for local government units (LGUs) to make their local land use plans consistent
with the MPCA’s plan for the site. Minnesota Statutes 115B.412, Subd. 4 requires the MPCA to provide
LGUs certain information about the landfill and to incorporate this information in to their local land use
planning. These statutes are provided in Appendix A.
The MPCA considers these statutory requirements, when put together, as a Closed Landfill Use
Plan (CLUP). The purpose, then, for preparing a CLUP for each landfill is to:
protect the integrity of the landfill’s remediation and monitoring systems;
protect human health and public safety at each landfill; and
accommodate local government needs and desires for land use at the qualified facility with
consideration for health and safety requirements.
To meet the requirements of subdivision 9 of the statute, LGUs that have land-use authority must make
their land-use plans for the landfill consistent with the MPCA’s plan for future use of, and obligations
for, the facility. One way to accomplish this is for LGUs to make certain that their land-use designations
and/or zoning ordinances are compatible with the MPCA’s future responsibilities and uses for the Land
Management Area. To meet the requirements of subdivision 4 of the statute, LGUs must consider the
information about the landfill’s contamination and methane gas migration in its land-use planning and
also make this information available to those that want to develop the affected property. Also, LGUs
may wish to adopt certain land-use controls in order to better protect public health and safety.
2
SITE LOCATION AND DESCRIPTION
The Washington County Landfill (Landfill) is located in the city limits of Lake Elmo (City), Washington
County, Minnesota (Appendix B). A landfill’s Land Management Area (LMA) includes the property
described in the Landfill Cleanup Agreement between the MPCA and the landfill owner/operator, and
may include adjacent property that contains waste, adjacent buffer property (land acquired for the
purpose of restricting use by the public due to landfill gas or groundwater concerns), and adjacent
property where response action equipment is located. At a minimum, the LMA will be comprised of the
property in the Landfill Cleanup Agreement. In addition, the LMA is the property that is subject to
Minnesota Statutes 115B.412, Subd. 9 of the LCA that requires the MPCA to develop a Land Use Plan for
the landfill and with which the LGU’s land use plan must be consistent. The LMA for the Landfill consists
of approximately 129 acres as shown in Appendix C and legally described in Appendix D. The waste
footprint is about 24 acres.
The Landfill was permitted in 1969 and closed in 1975. The MPCA took over responsibility of the Landfill
in 1995 when the MPCA, Washington County, Ramsey County, and the City entered into a Landfill
Cleanup Agreement (LCA) and the MPCA issued the Notice of Compliance. The LMA is divided into four
parcels (A, B, C, and D) in the LCA for purposes of describing certain and required remedial response
actions (Appendix E shows the location of the LCA parcels). These parcels, in terms of their shape and
legal description, are not necessarily the same as the parcels identified by Washington County’s
property records (i.e. tax parcels). Currently, LCA parcels A, C, and D are owned by the City and parcel B
is owned by the State of Minnesota, MPCA.
GROUNDWATER AND METHANE GAS AREAS OF CONCERN
Groundwater Area of Concern
The Groundwater Area of Concern (GWAOC) is defined as the area of land surrounding a landfill where
the presence of activities that require the use of groundwater may be impacted or precluded by
contamination from the landfill, or may cause the groundwater flow direction to change thereby
impacting the user or others nearby. The GWAOC is used to inform the public about the current and
potential risks to users of groundwater contaminated by the landfill. In most circumstances this area is
not equidistant around the site. The GWAOC is shown in Appendix F.
The surficial aquifer beneath the Landfill consists of glacial sand and gravel. Depth to the water table at
the site is approximately 50 feet below the ground surface. The surficial aquifer is contaminated with
perfluorochemicals (PFCs) and volatile organic compounds (VOCs) including tetrachloroethene,
trichloroethene, and vinyl chloride. The plume of VOCs extends south to the railroad track that is north
of Highway 5.
The groundwater area of concern around the Landfill is the Special Well Construction Area (SWCA)
established by the Minnesota Department of Health (MDH). The area is defined by the environmental
monitoring system that includes 40 monitoring wells and 253 residential wells. This area was expanded
by MDH on March 8, 2007 in response to PFC contamination and is approximately 5.3 million square
meters. The SWCA includes the plume of mounded groundwater from the Landfill that travels to the
3
south and southeast and the co-mingled plume to the southwest that includes a plume from the
Oakdale Disposal Site through Raleigh Creek and a former plume from the Landfill that discharged to
Raleigh Creek from a Tri-Lakes outlet in the early 1990s. The contaminant plume from the Oakdale
Disposal Site is identified by PFOS (a type of PFC) that has impacted areas south and west of Raleigh
Creek, Eagle Point Lake, the area between Eagle Point Lake and Lake Elmo that is in the Lake Elmo Park
Reserve and residential developments that are south of this area to I-94. The bedrock aquifer of the
Prairie du Chien and St. Peter Formation are impacted with PFCs to a depth of 200 feet below the
ground surface.
Methane Gas Area of Concern
The Methane Gas Area of Concern (MGAOC) is defined as the area of land surrounding a landfill waste
footprint where the presence of certain activities, such as construction of enclosed structures, may be
impacted or precluded by subsurface migration of methane gas. Methane gas is an odorless gas
produced when municipal solid waste decomposes, and can be explosive in confined spaces such as
basements when mixed in air. The MGAOC is used to inform the public about the risks to current and
future land owners regarding certain uses they may want to consider. The MGAOC is shown in Appendix
G.
Soils in the vicinity of the Landfill are generally very well drained sands and gravel with some silty sand.
The Landfill waste footprint is about 24 acres and contains approximately 2,000,000 cubic yards of
waste. The closest enclosed structure off the LMA is approximately 350 feet west of the waste footprint.
The Landfill has been reconstructed by building a triple lined system to segregate contaminants present
in the waste from direct contact with the environment. A geosynthetic cover has been installed and
welded to the top of the liner to seal landfill gas and leachate in the waste mass. An active gas
extraction system and a leachate collection system have been installed to manage gas and leachate.
The active gas extraction system has 20 vertical gas extraction wells connected to an enclosed
blower/flare unit. There are two gas monitoring probe nests currently located on the west side of
Jamaca Avenue west of the Landfill. Monitoring of these gas probes has shown non-detectable
concentrations of methane before and during the Landfill reconstruction. Additional gas probes are
anticipated to be installed during the latter half of 2013 to gather additional methane data.
Based on the waste being sealed within the liner/cover system, but also recognizing the permeable soils
in the area, the large mass of waste present in the Landfill, and the potential for gas to migrate under
seasonal low permeable (frozen) conditions, the MGAOC extends 200 feet beyond the waste footprint.
The MGAOC is within the LMA property boundary except for a small area on adjacent property
southeast of the Landfill.
It is important to note that these Areas of Concern can change over time. Therefore, updated
information will be provided to the County when the existing information becomes obsolete or
misleading.
4
CURRENT ZONING/LAND USE PLAN FOR THE LMA
LCA parcels A, C, and D are zoned Public and Quasi-Public Open Space (PF) while LCA parcel B is zoned
Agricultural (A).
Permitted uses in the Public and Quasi-Public Open Space (PF) district include uses allowed in the zoning
code that are in existence within the City at the effective date of the zoning code. Conditional uses in
the PF district include: cemeteries, places of worship, government facilities, libraries and museums,
public and private schools, and historic sites and interpretative centers. Interim uses in the PF district
include: keeping of horses in conjunction with churches.
Permitted uses in the Agricultural (A) district include: agriculture, farm, poultry facilities, farm buildings,
farm drainage and irrigation systems, forestry, one farm dwelling per 40 acres not already containing a
farm or non-farm dwelling, wayside stands, and joint ownership of property or by association or rental
for the purpose of providing private gardens and forest plots. Conditional uses in the A district include:
greenhouses, kennels, stables, commercial recreation, agricultural service establishments, open space
development projects, and non-agricultural low-impact uses. Interim uses in the A district include:
agricultural sales businesses, and agricultural entertainment businesses.
DECLARATIONS OF RESTRICTIONS AND COVENANTS
Three Declarations of Restrictions and Covenants were signed by the City and one by both Washington
and Ramsey Counties that restrict certain uses on the four LCA parcels. Each Declaration was recorded
with the Office of the County Recorder, Washington County, on December 14, 1995. The Declarations
run with the land and are described below.
Document No. 866616; prohibits the City from the following on LCA Parcel A:
constructing, excavating, or placing any structure, material, personal property, equipment, or
any other items on the parcel without the written approval of the Commissioner of the MPCA;
and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH.
Document No. 866617; prohibits Washington and Ramsey Counties from the following on LCA Parcel B:
constructing, excavating, or placing any structure, material, personal property, or equipment on
the parcel without the written approval of the Commissioner of the MPCA; and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH.
Document No. 866618; prohibits the City from the following on LCA Parcel C:
5
constructing or placing any structure on the portion of the parcel that lies south of a line that is
125 feet south of the north boundary of the parcel without the written approval of the
Commissioner of the MPCA; and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH (any approved well installation must follow Minn.
Rules 4725.4450).
Document No. 866619; prohibits the City from the following on LCA Parcel D:
constructing or placing any structure on the portion of the parcel that lies approximately within
the west 200 feet of the parcel without the written approval of the Commissioner of the MPCA;
and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH (any approved well installation must follow Minn.
Rules 4725.4450).
STATE BOND FINANCED PROPERTY
The MPCA used proceeds from the sale of State general obligation bonds for capital costs of
environmental response actions that MPCA undertook at the Landfill. As a result of this expenditure of
State bond proceeds, the publicly owned property where the environmental response actions were
taken became “State Bond Financed Property” as that term is defined by Minn. Stat. § 16A.695. As the
owner this State Bond Financed Property, the City and the MPCA are subject to the requirements of
Minn. Stat. § 16A.695 and any orders or rules adopted by the Commissioner of Minnesota Management
and Budget (MMB) under that statute.
Minn. Stat. § 16A.695 and the MMB Commissioner’s Fourth Amended Order Relating to the Use and
Sale of State Bond Financed Property (the Order) impose certain requirements on any sale, mortgage, or
other disposition of State Bond Financed Property, or any lease or contract for the use or management
of the property entered into by the City or the MPCA Commissioner. The statutory requirements
include, but are not limited to, obtaining the approval of the Commissioner of MMB before the City or
the MPCA Commissioner enters into any such transaction (sale, lease, etc.) with respect to the property.
In order to assure that the requirements of Minn. Stat. § 16A.695 and the Order are carried out with
respect to all State Bond Financed Property, the MMB Commissioner requires that a Declaration be
recorded on the property records indicating that any sale of the property may be subject to the MMB
Commissioner’s approval. Such Declaration, pertaining to LCA parcel B, was signed by the MPCA and
filed with the Office of the County Recorder, Washington County, on February 8, 2011 as document no.
3830248. However, two other Declarations, pertaining to LCA parcels A, C, and D, were sent to the City
for signature but have not yet been signed or recorded against the corresponding property.
6
MPCA’S LAND USE PLAN FOR THE LMA
The MPCA’s first and foremost responsibility regarding the Landfill is to manage the risk to public health
and safety. It does this by taking response actions, maintaining the Landfill, and working with local
governments to assure land use is commensurate with landfill conditions and MPCA’s obligations on the
LMA, as well as the conditions on the affected land off the LMA. Therefore, land uses associated with
the MPCA’s obligation to protect public health and safety take precedence over other possible land
uses.
The MPCA has identified land uses for the LMA. It has done so by considering the methane gas and
groundwater areas of concern, the types and locations of response actions and associated equipment,
the amount of the LMA occupied by landfill waste, and local land-use desires. The land uses on either
the entire LMA or portions thereof that are acceptable to the MPCA are:
Closed Landfill Management;
Civic;
Parks and Open Space; and
Solar Energy Farm.
Appendices H through J show where these uses would be allowed within the LMA.
Closed Landfill Management is the use associated with the MPCA’s responsibility and obligation to take
necessary response actions on the property as provided in Minn. Stat. §§ 115B.39-43. Civic is the use
associated with the City’s need for building infrastructure related to city maintenance, fire service,
public safety, etc.
DISCUSSION / CONCLUSIONS
Land Uses on the LMA
Minn. Stat. § 115B.412, Subd. 9 requires all local land-use plans be consistent with the MPCA’s land-use
plan for the LMA. The MPCA’s future obligations for the LMA conflict with the current local land-use
plan; specifically the City’s Public and Quasi-Public Open Space and Agriculture zoning ordinances for
this property. The MPCA believes that most of the uses within the current zoning for the LMA are not
compatible with the MPCA’s future responsibilities for the site as well as the risks associated with the
Landfill. As a result, the MPCA recommends that the City adopt a new zoning district and ordinance for
the LMA. The MPCA recommends the City adopt a zoning district called Closed Landfill Restricted (CLR)
with an ordinance similar in form to the one included in Appendix K.
The new zoning, however, should reflect the land uses identified above – Closed Landfill Management,
Civic, Parks and Open Space, Solar Energy Farm – and as shown in Appendices H through J. The City may
want to consider Closed Landfill Management, Civic, and Parks and Open Space uses as permitted uses
7
for portions of the LMA while Solar Energy Farm be considered a conditional use (conditioned upon
location and plans approved by the MPCA and the City).
Regardless of future land use on the LMA, provisions within the Declarations of Restrictions and
Covenants prohibit the construction and placement of structures and other materials as well as the
installation of drinking water wells on certain portions of the LMA without prior written approval of the
MPCA and/or MDH.
Affected Property off the LMA
Minn. Stat. § 115B.412, Subd. 4(b) requires local units of government to incorporate information about
the landfill and associated groundwater contamination and landfill gas migration into any land-use plans
and to notify persons applying for a permit to develop affected property of the existence of this
information and, on request, to provide them with the information.
Certain land-use controls pertinent to groundwater use and well construction within the GWAOC
currently exist to protect public health and safety. First, Minn. Rules Chapter 4725.4450 requires that a
water supply well cannot be constructed within 600 feet of the Landfill. Second, MDH has established a
Special Well Construction Area south and east of the Landfill that prohibits the installation of wells in
this area unless approved by MDH to be constructed in certain aquifers and following certain
construction methods.
A majority of the MGAOC is contained within the LMA except for a small portion that is on adjacent
property southeast of the Landfill. However, the City’s existing zoning ordinance for the adjacent
property, upon which the off-LMA MGAOC is present, prohibits structures from being built within 200
feet of the property line. Therefore, based on the monitoring data collected by the MPCA, no specific
land-use controls are being recommended for properties outside the LMA.
DISCLAIMER
The MPCA makes no representations or warranties to the user of the accuracy, currency, suitability, or
reliability of the data presented in this report. Any recommendations made by the MPCA in this report
are based solely on the data it has, or its contractors have, collected, and only from data collected at
specific locations and times. Other sources of contamination or methane, unknown to the MPCA, could
exist off the Landfill property. The MPCA recommends that any person interested in developing
property near the Landfill first consult with an environmental consulting or engineering firm, and/or an
environmental attorney, regarding the possible risks associated with the Landfill.
APPENDIX A
Minnesota Statutes 115B.412
Subd. 4. Affected real property; n otice.
(a) The commissioner shall provide to affected local government units, to be available as
public information, and shall make available to others, on request, a description of the real
property described in the original and any revised permits for a qualified facility, along with a
description of activities that will be or have been taken on the property under sections 115B.39
to 115B.43 and a reasonably accurate description of the types, locations, and potential
movement of hazardous substances, poll utants and contaminants, or decomposition gases
related to the facility. The commissioner shall provide and make this information available at the
time the facility is placed on the priority list under section 115B.40, subdivision 2; shall revise,
provide, and make the information available when response actions, other than long -term
maintenance actions, have been completed; and shall revise the information over time if
significant changes occur that make the information obsolete or misleading.
(b) A local government unit that receives information from the commissioner under
paragraph (a) shall incorporate that information in any land use plan that includes the affected
property and shall notify any person who applies for a permit related to development of the
affected property of the existence of the information and, on request, provide a copy of the
information.
Subd. 9. Land management plans.
The commissioner shall develop a land use plan for each qualified facility. All local land use
plans must be consistent with a land use plan developed under this subdivision. Plans developed
under this subdivision must include provisions to prevent any use that disturbs the integrity of
the final cover, liners, any other components of any containment system, or t he function of any
monitoring systems unless the commissioner finds that the disturbance:
(1) is necessary to the proposed use of the property, and will not increase the potential
hazard to human health or the environment; or
(2) is necessary to reduce a t hreat to human health or the environment.
Before completing any plan under this subdivision, the commissioner shall consult with the
commissioner of management and budget regarding any restrictions that the commissioner of
management and budget deems neces sary on the disposition of property resulting from the use
of bond proceeds to pay for response actions on the property, and shall incorporate the
restrictions in the plan.
APPENDIX D
Legal Description of the Washington County Landfill Land Management Area (LCA Parcels)
Parcel A:
All that part of the South 40 acres of Government Lot 5, Section 10, and the Southeast Quarter of the
Southwest Quarter of Section 10, and the North 30 acres of the North One-Half of the Northwest
Quarter of Section 15, all in Township 29 North, Range 21 West, Washington County, Minnesota,
described as follows:
Beginning at the northwest corner of said Section 15, thence South 00 degrees, 18 minutes, 30 seconds
West, bearings are based on the Washington County Coordinate System NAD83, along the west line of
said Section 15, a distance of 501.27 feet to the south line of said North 30 acres of the North One-Half
of the Northwest Quarter of Section 15, thence North 89 degrees, 51 minutes, 00 seconds East, along
said south line, a distance of 1808.59 feet, thence North 00 degrees, 02 minutes, 32 seconds West and
parallel with the east line of said Northwest Quarter of Section 15, a distance of 501.26 feet to the north
line of said Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along said north line a
distance of 105.52 feet, thence North 00 degrees, 53 minutes, 21 seconds West and parallel with the
west line of said Section 10, a distance of 650.00 feet, thence South 89 degrees, 51 minutes, 00 seconds
West and parallel with the south line of said Section 10, a distance of 200.00 feet, thence North 00
degrees, 53 minutes, 21 seconds West and parallel with the west line of said Section 10, a distance of
656.24 feet, to a point on the north line of said Southeast Quarter of the Southwest Quarter of Section
10, thence South 89 degrees, 45 minutes, 24 seconds West, along said north line, a distance of 193.17
feet to the northwest corner of said Southeast Quarter of the Southwest Quarter, thence North 00
degrees, 42 minutes, 39 seconds West, along the east line of said Government Lot 5, a distance of 29.52
feet to the northeast corner of said South 40 acres of Government Lot 5, thence South 89 degrees, 51
minutes, 00 seconds West, along the north line of said South 40 of Government Lot 5, a distance of
706.92 feet, thence South 00 degrees, 53 minutes, 21 seconds East and parallel with the west line of
said Section 10, a distance of 200.00 feet, thence South 50 degrees, 54 minutes, 08 seconds West, a
distance of 127.25 feet, thence South 89 degrees, 51 minutes, 00 seconds West and parallel with the
north line of said South 40 acres of Government Lot 5, a distance 0f 500.00 feet to the west line of said
Section 10, thence South 00 degrees, 53 minutes, 21 seconds East along the west line of said Section 10,
a distance of 1055.45 feet to the point of beginning, containing 65.9 acres, more or less.
Parcel B:
The Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section 15, Township 29, Range
21, except the following described parcels: EXCEPTION 1: The North 501.5 feet of the NW ¼ of the NW
¼ of Section 15, Township 29 North, Range 21 West, being the northerly 15 acres thereof. EXCEPTION 2:
The North 220.0 feet of the South 396.00 feet of the West 330.00 feet of the NW ¼ of the NW ¼ of
Section 15, Township 29 North, Range 21 West, containing 1.33 acres, more or less. All subject to a road
easement for Jamaca Avenue over the West 33.00 feet thereof. EXCEPTION 3: The South 176.00 feet of
the west 330.00 feet of the Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section 15
(15), Township Twenty-nine (29) North, Range Twenty-one (21) West, containing 1.33 acres, more or
less.
Parcel C:
All that part of the South 40 acres of Government Lot 5, Section 10, Township 29 North, Range 21 West,
Washington County, Minnesota, described as follows:
Commencing at the southwest corner of said Section 10, thence North 00 degrees, 53 minutes, 21
seconds West along the west line of said Section 10, a distance of 1055.45 feet to the point of beginning,
thence continuing North 00 degrees, 53 minutes, 21 seconds West along the west line of said Section 10,
a distance of 280.00 feet to the northwest corner of said South 40 acres of Government Lot 5, thence
North 89 degrees, 51 minutes, 00 seconds East along the north line of said South 40 acres of
Government Lot 5, a distance of 600.00 feet, thence South 00 degrees, 53 minutes, 21 seconds East and
parallel with the west line of said Section 10, a distance of 200.00 feet, thence South 50 degrees, 54
minutes, 08 seconds West, a distance of 127.25 feet, thence South 89 degrees, 51 minutes, 00 seconds
West and parallel with the north line of said South 40 acres of Government Lot 5, a distance of 500.00
feet to the point of beginning, containing 3.8 acres, more or less.
Parcel D:
All that part of the Southeast Quarter of the Southwest Quarter of Section 10, and the North 30
acres of the North One -Half of the Northwest Quarter of Section 15, all in Township 29 North,
Range 21 West, Washington County, Minnesota , described as follows:
Commencing at the northwest corner of said Section 15, thence South 00 degrees, 18 minutes,
30 seconds West, bearings are based on the Washington County Coordinate System NAD83,
along the west line of said Section 15, a distance of 501.27 feet to the south line of said North 30
acres of the North One -Half of the Northwest Quarter of Section 15, thence North 89 degrees, 51
minutes, 00 seconds East, along said south line, a distance of 1808.59 feet to the point of
beginning, thence North 00 degrees, 02 minutes, 32 seconds West and parallel with the east line
of said Northwest Quarter of Section 15, a distance of 501.26 feet to the north line of said
Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along said north line a
distance of 105.52 feet , thence North 00 degrees, 53 minutes 21 seconds West and parallel with
the west line of said Section 10, a distance of 650.00 feet, thence South 89 degrees, 51 minutes,
00 seconds West and parallel with the south line of said Section 10, a distance of 200.00 feet,
thence North 00 degrees, 53 minutes, 21 sec onds West and parallel with the west line of said
Section 10, a distance of 656.24 feet, to a point on the north line of said Southeast Quarter of
the Southwest Quarter of Section 10, thence North 89 degrees, 45 minutes, 24 seconds East
along said north li ne, a distance of 1113.64 feet to the northeast corner of said Southeast
Quarter of the Southwest Quarter, thence South 00 degrees, 31 minutes, 57 seconds East, along
the east line of said Southeast Quarter of the Southwest Quarter a distance of 1307.98 fe et to
the southeast corner of said Southeast Quarter of the Southwest Quarter, thence South 00
degrees, 02 minutes, 32 seconds East, along the east line of said Northwest Quarter of Section
15 a distance of 501.26 feet to the south line of said North 30 ac res of the North One -Half of the
Northwest Quarter of Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along
said south line, a distance of 800.00 feet to the point of beginning, containing 39.5 acres, more
or less.
APPENDIX K
District CLR – Closed Landfill Restricted
A. Purpose
The Closed Landfill Restricted (CLR) District is intended to apply to former landfills that are
qualified to be under the Closed Landfill Program of the Minnesota Pollution Control Agency
(MPCA). The purpose of the district is to limit uses of land within the closed landfill, both
actively filled and related lands, to minimal uses in order to protect the land from human
activity where response action systems are in place and, at the same time, are protective of
human health and safety. This district shall only apply to the closed landfill’s Land Management
Area, the limits of which are defined by the MPCA. This district shall apply whether the landfill is
in public (MPCA, County, City, Township), Indian tribal, or private ownership.
For purposes of this ordinance, the Land Management Area for the _________ Landfill, a
qualified facility under the MPCA’s Closed Landfill Program, is described as:
B. Permitted Uses
The following uses are permitted within the CLR District: ___________.
C. Accessory Uses
Accessory uses allowed in this district include outdoor equipment or small buildings used in
concert with gas extraction systems, other response action systems, monitoring wells or any
other equipment designed to protect, monitor or otherwise ensure the integrity of the landfill
monitoring or improvement systems. Fences and gates shall apply under these provisions.
D. Conditional Uses
Conditional uses shall be limited to uses that do not damage the integrity of the Land
Management Area and that continue to protect any person from hazards associated with the
landfill.
Any application for a conditional use must be approved by the Commissioner of the MPCA and
the ___(LGU)____. Such approved use shall not disturb or threaten to disturb, the integrity of
the landfill cover, liners, any other components of any containment system, the function of any
monitoring system that exists upon the described property, or other areas of the Land
Management Area that the Commissioner of the MPCA deems necessary for future response
actions.
The following conditional uses are permitted within the CLR District:
E. Prohibited Uses and Structures
All other uses and structures not specifically allowed as conditional uses, or that cannot be
considered as accessory uses, shall be prohibited in the CLR District.
F. General Regulations
Requirements for __(parking, signs, area, height)__ and other regulations are set forth in
_______________.
G. Any amendment to this ordinance must be approved by the Commissioner of the
MPCA and the ___(LGU)___.
Conversions of Use – Guidelines and Requirements
Grant agreements between the Local Sponsor and the State require land developed, improved, or acquired
with Land and Water Conservation Fund (LWCF) and/or state assistance to be retained and used for
public outdoor recreation. Any property so acquired and/or developed shall not be wholly or partly
converted to other than public outdoor recreation uses without the approval of the State and/or National
Park Service (NPS) pursuant to Section 6(f)(3) of the LWCF Act and these regulations. The conversion
provisions of Section 6(f)(3), 36 CFR Part 59, and these guidelines apply to each area or facility for which
LWCF assistance is obtained, regardless of the extent of participation of the program in the assisted area
or facility and consistent with the grant agreement between NPS and the State.
This requirement applies to the area described in the project documentation approved by the State and/or
the NPS. This area normally exceeds that actually receiving State and/or LWCF assistance so as to ensure
the protection of a viable recreation entity.
Local sponsors must consult early with the State manager when a conversion is under consideration or has
been discovered. Any previous project agreements and actions must be identified and understood to
determine the actual boundary subject to the grant agreement. The State and/or the NPS Regional Director
have the authority to disapprove conversion requests and/or to reject proposed property substitutions. This
approval is a discretionary action and should not be considered a right of the project sponsor.
Situations that trigger a conversion include:
a. Property interests are conveyed for private use or non-public outdoor recreation uses.
b. Non-outdoor recreation uses (public or private) are made of the project area, or a portion
thereof, including those occurring on pre-existing rights-of-way and easements, or by a lessor.
c. Unallowable indoor facilities are developed within the project area without NPS approval, such
as unauthorized public facilities and sheltering of an outdoor facility.
d. Public outdoor recreation use of property acquired or developed with LWCF assistance is
terminated.
To Request Approval for a Conversion: Formal requests from the project sponsor for permission to
convert LWCF and/or state assisted properties in whole or in part to other than public outdoor recreation
uses must be submitted in writing.
1. Submit a narrative description of the proposal that identifies all practical alternatives have been
evaluated and rejected on a sound basis. The “do nothing” alternative must be considered.
Minnesota typically processes only a couple of conversions each year, usually for road
improvements undertaken to improve safety. Proposals to construct non-recreation facilities such
as cell phone towers or to convey an interest in the property to a private party generally do not
qualify, as there are usually practical alternatives available. Do not continue with the conversion
process until this step has been approved by the State.
1
2. If approved to move forward with the conversion process, a critical first step is for the State and
Local sponsor to agree on the size of the Section 6(f) park land impacted by any non-recreation,
non-public use, especially prior to any appraisal activity. The area required for the conversion
could include the entire park depending on the impact of the proposed facility and/or could
include a minimum of all impacted land, buffer areas, any facility access, land cut off from the
remaining park area and possible visual and/or noise impacts.
3. The next step is to identify the proposed replacement land to be acquired. The replacement land
must be an addition to an existing facility or, if a new facility, constitute a viable, self-supporting
unit of outdoor recreation. The grants manager must approve the extent of the conversion and the
suitability of the replacement lands before continuing with the conversion process.
4. Information to be submitted with a conversion request:
a. Boundary maps of both the converted site and the proposed replacement land. These maps
must include references to known landmarks, a north arrow, acreages, a graphic scale, the
date of preparation, and the signature of the Local Sponsor. The map of the replacement land
should also indicate planned recreation development and a proposed timeline for that
development.
b. Appraisals and Appraisal Reviews - Fair market valuation of both the converted and
replacement lands. Appraisals for a federal conversion request must be prepared in
conformance with the Uniform Appraisal Standards for Federal Land Acquisitions and be
reviewed by a qualified review appraiser. Appraisals for a state conversion request must be
prepared in conformance with the Uniform Standards for Professional Appraisal Practice
(USPAP). The grants manager will be able to give you guidance on making the appraisal
assignments.
c. Environmental documentation - An environmental assessment must be prepared in
accordance with the National Environmental Policy Act (NEPA) and/or state guidelines for
both the property to be converted and the proposed replacement land. Additional information
will be provided by the grants manager.
d. Historical / Archeological Review and Coordination - The State Historic Preservation Office
(SHPO) must be afforded a chance to comment on the conversion proposal pursuant to
Section 106 of the National Historic Preservation Act of 1966 and/or Minnesota statutes. The
SHPO must be contacted and provided information about the proposal. If the SHPO
recommends a survey of the land be completed, the proposer must contract with a qualified
firm to complete it and coordinate with the SHPO on any actions that must be taken to protect
archeological / historical resources on the property.
If the conversion request is approved, the original grant agreement between the State and the Local
Sponsor will be amended to delete the converted lands and add the replacement lands to the project
boundary subject to the grant agreement.
2
STAFF REPORT
DATE: 03/21/2017
CONSENT
ITEM #: 18
MOTION
TO: City Council
FROM: Stephen Wensman
AGENDA ITEM: Preliminary Plat Extension for Village Park Preserve
REVIEWED BY: Emily Becker, City Planner
Jack Griffin, City Engineer
BACKGROUND:
The City Council adopted Resolution 2014-74 approving the Village Park Preserve preliminary
plat on September 16, 2014. The Subdividison Ordinance requires the subdivider to submit the
final plat within 180 days of preliminary plat approval or the preliminary plat becomes void.
GWSA previously requested and received an extension of their preliminary plat to September 16,
2015 by City Council Resolution 2014-90 and again to April 15, 2017 by Resolution 2015-073.
The developer has been working through issues related to conditions of preliminary plat approval
and cannot meet the April 15, 2017 deadline for submitting final plat and is now requesting
another extension to April 15, 2018.
ISSUE BEFORE COUNCIL:
The City Council is being requested to consider whether or not to extend the preliminary plat,
deadline to submit final plat, to April 15, 2018.
PROPOSAL DETAILS/ANALYSIS:
GWSA is requesting its third extension in order to work through issues related to a condition of
preliminary plat:
6) Related to the proposed storm water discharge to the south, the applicant must provide writen
permission from all property owners of the affected parcles located south ofhte proposed 30th
Street culverts consenting to the descharge location, volume and rate(s) in advance of submitting
Final Plat
FISCAL IMPACT:
None.
OPTIONS:
The City Council should consider the following options:
City Council Staff Report Consent Agenda item#
3/21/2017
Page 2
1) To extend the preliminary plat deadline to submit final plat to April 15, 2018
2) To reject the preliminary plat extension request.
RECOMMENDATION:
Staff is recommending that the City Council approve the request to extend the Final Plat
submission deadline for the Village Park Preserve residential subdivision as part of tonight’s
consent agenda.
If removed from the consent agenda, then Staff recommends the City Council approve the
request with the following motion:
“Move to adopt Resolution No. 2017-024, extending the Final Plat submission deadline for the
Village Park Preserve residential subdivision to April 15, 2018.”
ATTACHMENTS:
1. Resolution 2017-024
2. Gonyea Letter of Request
1
Resolution 2017-024
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-024
A RESOLUTION APPROVING AN EXTENSION FOR THE FINAL PLAT SUBMISSION
DEADLINE FOR THE VILLAGE PARK PRESERVE RESIDENTIAL SUBDIVISION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15,
Suite 200, Plymouth, MN, submitted an application to the City of Lake Elmo (City) for a
Preliminary Plat for a 100-unit single family subdivision on an approximately 64 acre parcel in
the Village Planning Area (PIDs: 13.029.21.43.0004 and 13.029.21.44.0002) to be called Village
Park Preserve, a copy of which is on file in the City of Lake Elmo Community Development
Department; and
WHEREAS, on September 8, 2014, the Lake Elmo Planning Commission reviewed and
recommended approval of the Village Park Preserve Preliminary Plat; and
WHEREAS, on September 16, 2014, the Lake Elmo City Council adopted Resolution
2014-74, approving the Village Park Preserve Preliminary Plat; and
WHEREAS, GWSA Land Development, LLC submitted a request for a 6-month
extension to the Final Plat submittal deadline of the approved plat to allow for additional time to
prepare Final Utility and Stormwater Management Plans; and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2014-090 granting a
6-month extension that resulting in a new submittal deadline of September 16, 2015; and
WHEREAS, GWSA Land Development, LLC submitted a second request to extend the
Final Plat submittal deadline of the approved preliminary plat until April 15, 2019 to allow for
additional time for the phasing and construction of improvements in the area.
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2015-073 granting an
extension of the deadline to submit the final plat to April 15, 2017.
2
Resolution 2017-024
WHEREAS, GWSA Land Development, LLC submitted a third request to extend the
Final Plat submittal deadline of the approved preliminary plat until April 15, 2018 to allow for
additional time to work through an issue related to a condition of preliminary plat.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve an extension to the Final Plat deadline for the Village Park Preserve residential
subdivision, and hereby extends the Final Plat application deadline to April 15, 2018.
Passed and duly adopted this 21st day of March, 2017 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
Monday, March 13, 2017
Stephen Wensman
Planning Director
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Dear Stephen:
On behalf of GWSA Land Development, LLC, the developer, and pursuant to Lake
Elmo City Ordinance Section 153,07 Subdivision L, I am requesting an extension for
the deadline to presentthe final plat ofVillage Park Preserve to the City, We are
Currently working through the engineering comments and conditions for final plat
approval with the City, and were hopeful to have our final plat submittal accepted
Prior to April 15, 2017, but need additional time to get acceptance for one condition
from the City prior to final plat subm批al,
The deadline for final plat application for Vi11age Park Preserve is Apri1 15, 2017, but
We WOuld like to ask for an extension for final plat application to April 15, 2018.
Thank you for your consideration.
Chief Manager - GWSA Land Development, LLC
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 19
AGENDA ITEM: Library Board Appointment
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
Per MN State Statute 134.09, the mayor of a municipality has the authority and responsibility to
appoint members of the local library board. The appointment must be affirmed by the members of
the City Council.
The Library Board is composed of 9 voting members who serve three year staggered terms. Earlier
this month Sarah Linder resigned from the Library Board. Her term was scheduled to expire
12/31/18.
Staff advertised for applications in the FRESH. One application was received from Barry Weeks.
ISSUE BEFORE COUNCIL:
Should the Council affirm the mayor’s appointments to the Library Board?
PROPOSAL:
The Mayor is appointing Barry Weeks to the Library Board to fill the vacancy of Sarah Linders resignation.
His term would expire 12/31/18.
RECOMMENDATION:
Motion to affirm the Mayor’s appointment of Barry Weeks to the library board for a term ending
12/31/18.
STAFF REPORT
DATE: 3/21/17
CONSENT
ITEM #: 20
MOTION
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Rain Garden Maintenance Agreement
REVIEWED BY: Kristina Handt, City Administrator
ISSUE BEFORE COUNCIL: Should the City Council approve a maintenance agreement with
Washington Conservation District for city owned rainwater gardens?
PROPOSAL DETAILS/ANALYSIS: Under this agreement, Washington Conservation District will
provide maintenance to the 5 city owned rainwater gardens a minimum of 2 times during the 2017 growing
season. This maintenance will include; inlet cleaning, plant identification, weed removal and litter removal.
Also, by utilizing this service the city will be meeting maintenance requirements of the Best Management
Practices, (BMPs) as outlined in the Municipal Separate Storm Sewer System, (MS4) Permit.
Any additional work needed in the rain gardens such as; additional wood mulch or plantings will still be
the responsibility of the city
FISCAL IMPACT: Not to exceed $1,250.00, funded through Surface Water Contract Services.
OPTIONS: - Approve Raingarden Maintenance Agreement
- Deny Raingarden Maintenance Agreement
- Table Raingarden Maintenance Agreement
RECOMMENDATION:
Motion to approve Raingarden Maintenance Agreement with Washington Conservation District for
an amount not to exceed $1,2500.00
ATTACHMENTS: Raingarden Maintenance Agreement
2017 WCD Technical Services Agreement
Agreement Between the
Washington Conservation District
and the City of Lake Elmo
PARTIES: This letter of agreement will set forth the work to be provided by the Washington Conservation
District (WCD) to the City of Lake Elmo (City) to perform maintenance of Best Management Practices
(BMPs).
TERM OF CONTRACT: The effective date of the agreement is from April 1, 2017 to December 31, 2017.
SCOPE OF SERVICES: Work to be performed by the WCD includes the following tasks:
a. Perform a minimum of two maintenance visits for five raingardens. Maintenance activities
include inlet cleanout, weed removal, and litter removal.
b. No material costs are anticipated.
COST AND PAYMENTS: Costs for services for these activities shall not exceed $1,250.00 Services will be
provided by the WCD Seasonal Maintenance Worker(s) @ $38/hr. Invoices will be sent on a quarterly basis
and will list specifically the work performed. Invoices are payable by the City of Lake Elmo within 60 days.
Office supplies, normal office reproduction expenses, and transportation are included in the hourly rate.
Other expenses are to be reimbursed at actual cost.
RELATIONSHIP: This agreement in no way shall constitute, nor be construed in such a way to create an
employment relationship between the City and the WCD. WCD staff shall not be entitled to any rights,
privileges, or benefits of employees of the City.
INDEMNIFICATION & INSURANCE: The City agrees it will defend, indemnify and hold harmless the WCD, its
board members and employees against any and all liability, loss, costs, damages and expenses, including
attorney’s fees, which the City its council members or employees may hereafter sustain, incur, or be
required to pay arising out of the WCD performance or failure to adequately perform its obligations
pursuant to this agreement. Likewise, the WCD agrees that it will defend, indemnify and hold harmless the
City, its council members and employees against any and all liability, loss, costs, damages and expenses,
including attorneys’ fees, which the WCD its board members or employees may hereafter sustain, incur, or
be required to pay arising out of the actions of the City. The parties acknowledge and agree that any
exposure to liability of the City or the WCD, or the acts or omissions of their respective officers, agents
board members and employees will not exceed the limits provided for in is governed by Minn. Stat. section
466.
EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS: During the performance of this Agreement, the WCD
agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital
status, public assistance, criminal record, creed or national origin, be excluded from full employment rights
in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or
activity under the provisions of and all applicable federal and state laws against discrimination including the
Civil Rights Act of 1964.
RECORDS: Under Minn Stat. section 16C.05, the WCD’s books, records, documents and accounting
procedures and practices relevant to this grant are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate for a minimum of six years from the end of this agreement.
2017 WCD Technical Services Agreement
DATA PRIVACY: All data collected, created, received, maintained, or disseminated, or used for any purpose
in the course of the WCD’s performance of the Agreement is governed by the Minnesota Government Data
Practices Act, Minnesota 1984, Section 13.01, et seq. Or any other applicable state statutes and state rules
adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The WCD
agrees to abide by these statutes, rules and regulations and as they may be amended.
TERMINATION: Either the WCD or City may terminate this Agreement with or without cause by giving the
other party thirty (30) days written notice prior to the effective date of such termination.
In Witness Whereof, the WCD and City have duly executed this Agreement as of the date and year
referenced herein.
Jay Riggs
Director of Public Works, Lake Elmo District Manager, Washington Conservation District
Date Date
STAFF REPORT
DATE: March 21, 2017
REGULAR
ITEM #: 21
AGENDA ITEM: Appoint City Attorney for Prosecution Services
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
At the January 3rd Council meeting, Council directed staff to issue a Request for Proposals (RFP) for
prosecution services. The RFP was issued January 17th and due February 14th. Also at the meeting,
Eckberg Lammers was appointed the Interim City Attorney for Prosecution.
At the March 7th meeting, council was split 2-2 on who to appoint as prosecuting attorney. Council asked
for additional information to be provided at the next meeting.
ISSUE BEFORE COUNCIL:
Who should the Council appoint as City Attorney for prosecution services?
PROPOSAL:
Council asked if the four bulleted items in the Johnson and Turner proposal offered at no extra charge was
similar to the Eckberg Lammers proposal. The one item noted to be charged extra per the Eckberg Lammers
contract is appellate work. Staff reviewed monthly bills for the last two years and found no appellate work
by the city’s prosecuting attorney. Mr. Weidner references appellate work in his communications below,
but the City did not receive an extra charge. The only charges beyond the monthly retainer for criminal
services were out of pocket expenses such as postage, photocopies or summons service fees. Eckberg
Lammers has met with staff multiple times to provide training and guidance on code enforcement issues.
The building official and planner were part of that training and have worked well with the firm.
Council also asked for more details on an email statement regarding the backlog of cases and vehicle
forfeitures. Tom Weidner, Eckberg Lammers, provided these additional details:
On January 6, 2016 we received 117 criminal prosecution cases electronically. Our office had to open
each file and review the content of each all of those cases to determine the work that needed to be completed,
if any. Of those 117 criminal cases received, 24 cases required additional work. The necessary work
required on those files included work ranging from drafting complaints, requesting reports and evidence
for trial, preparing and providing discovery requested by opposing counsel, sending victim notification
letters, to some appellate work.
In addition to the transferred criminal cases, we worked with the Washington County Sheriff’s Department
to clear up six outstanding vehicle forfeitures cases; four files from 2014, one 2013 file and one 2012 file.
The backlog of cases occurred due to the immediacy of us taking over all of the cases the day following the
Council’s decision. All the transferred cases needed to be added to our system manually, reviewed for
conflicts, calendared, reviewed for content and completeness (some required additional work) at the same
time that all new cases needed to opened and handled. Once the backlog was resolved we could efficiently
handle the opening of files electronically through our case management system and more accurately
determine the amount of work required for the City of Lake Elmo prosecution files.
In addition, in the second half of 2016, Washington County Court Administration started calendaring all
the City of Lake Elmo’s arraignment hearings and pretrial hearings on Tuesday’s (a day we already have
a prosecutor in court) instead of Wednesdays, which allowed us to experience additional efficiencies. We
do not expect any significant court scheduling changes for 2017.
Staff’s recommendation remains to appoint Eckberg Lammers as City Attorney for prosecution services.
FISCAL IMPACT:
The rate reduction from Eckberg Lammers will reduce the City’s cost for prosecution services over the next
four years by $13,500.
OPTIONS:
1) Appoint Eckberg Lammers as City Attorney for Prosecution
2) Appoint Johnson and Turner as City Attorney for Prosecution
3) Appoint another firm as City Attorney for Prosecution
4) Table decision
RECOMMENDATION:
“Move to appoint Eckberg Lammers as City Attorney for prosecution services”
ATTACHMENTS:
None
STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 22
AGENDA ITEM: CSAH 15/50th Street Traffic Signal and Pedestrian Improvements – Resolution
Approving Cooperative Agreements with Washington County for Design and
Construction and for Maintenance
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director
Chad Isakson, Assistance City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the Cooperative Agreements with
Washington County for Design and Construction and for Maintenance of the CSAH 15/50th Street Traffic
Signal and Pedestrian Improvements?
PROPOSAL DETAILS/ANALYSIS: In 2017, Washington County will install a new wood pole and span
wire traffic control signal system at the intersection of CSAH 15 and 50th Street North. A wood pole and
span wire signal system is recommended by the County to improve access to CSAH 15 through this area
of the corridor until this portion of the roadway is realigned and reconstructed into a 4-lane divided roadway.
The expansion of this corridor to a 4-lane divided roadway is not anticipated to occur for several years. At
the time of this expansion, the intersection will be re-reviewed for potential permanent traffic signal
installation as part of that future project.
A Signal Justification Report (SJR) dated January 23, 2017 was completed to evaluate the need to provide
traffic control at this intersection. Through this study the County concluded that the 50th Street North stop
condition is not the preferred long term intersection operational and safety solution. Currently the report
found that no traffic signal warrants are met, however the signal is deemed necessary to improve left turning
movements onto CSAH 15 from 50th Street, 55th Street, 53rd Street/Marquess Trail, and Linden
Trail/McDonald Drive due to the existing 18,000 to 23,000 vpd with high AM and PM peak hours.
Furthermore it is anticipated that traffic volumes will continue to increase such that MnMUTCD Signal
Wanant 1B (Interruption of Continuous Traffic), Warrant 2 (Four Hour Volumes), and Warrant 3 (Peak
Hour Volume) will be met over the next several years.
In accordance with the County Cost Participation Policy for Highway Improvement Projects, the County is
requesting City cost participation for these improvements in the amount of $60,133.00. This includes City
contribution for 1/3 of the construction costs, 1/3 of the County furnished material costs, and 1/3 of the
engineering design and construction administration costs.
The County has finalized the Signal Justification Report and the project design and has submitted the report
and plans to the Office of State Aid for review and approval. Once approved the County will advertise the
project and receive contractor bids with the intent of proceeding with the construction of the improvements
this summer. The Cooperative Agreement sets forth the provisions that authorizes the County to implement
the improvements including engineering design, construction administration, and testing, and retaining a
contractor for project construction. The Agreement also outlines the City’s obligations for cost participation
including payment terms and schedule. The costs are estimated for the purpose of the Cooperative
Agreement, however the actual cost participation by the City will be determined using the City’s share of
the actual project costs for each respective cost participation item.
The Cooperative Maintenance Agreement for the project assigns County/City ongoing ownership,
maintenance, and cost responsibilities. The County will own, operate and maintain the traffic control system
including the EVP system, master controller, responsibility for any physical damage, relamping, and
maintaining the control cabinet (except for painting). The County also maintains luminaires (overhead street
lights) but charges the City for luminaire replacement, and is the responsible party for Gopher State One
Call system locates. The City pays monthly electrical costs including cabinet/control equipment, streetlights
and electrical service, and is responsible for painting the traffic control system and streetlights. The City
may request painting work to be done by the County at City cost.
FISCAL IMPACT: Estimated by County at $60,133.00.
Washington County has estimated the City cost share in the amount of $60,133.00. The actual costs will be
assigned to the City based on actual incurred project costs and in accordance with the Cooperative
Agreement and County Cost participation Policy for Highway Improvement Projects.
RECOMMENDATION: Staff is recommending that the City Council approve Cooperative Agreement
10856 for the Design and Construction Costs, and approve Cooperative Maintenance Agreement 10780
with Washington County for the County State Aid Highway 15/50th Street North Traffic Signal and
Pedestrian Improvements. The recommended motion for the action is as follows:
“Move to approve Resolution No. 2017-025 approving Cooperative Agreement 10856 and Cooperative
Maintenance Agreement 10780 with Washington County for the CSAH 15/50th Street Traffic Signal
and Pedestrian Improvements.”
ATTACHMENTS:
1. Resolution No. 2017-025Approving Cooperative Agreement 10856 and Cooperative
Maintenance Agreement 10780.
2. Cooperative Agreement 10856.
3. Cooperative Agreement 10780.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-025
A RESOLUTION APPROVING COOPERATIVE AGREEMENT 10856
FOR DESIGN AND CONSTRUCTION COSTS AND COOPERATIVE
MAINTENANCE AGREEMENT 10780 WITH WASHINGTON COUNTY
FOR THE STILLWATER BOULEVARD AND 50TH STREET NORTH
TRAFFIC SIGNAL SYSTEM
WHEREAS, the County and the City desire to install a wood pole traffic signal system on County
State Aid Highway No. 15, also known as Stillwater Boulevard and formerly known as State Trunk
Highway No. 5, at its intersection with 50th Street North in the City of Lake Elmo; and
WHEREAS, items included in the project require City cost participation in accordance with
“Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”;
and
WHEREAS, the City desires to use local funds for these improvements; and
WHEREAS, the County desires to use local funds and/or State Aid for these improvements; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to
facilitate the construction of the improvements and to facilitate the ongoing maintenance of the Traffic
Signal System; 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 10856 and Cooperative Maintenance Agreement 10780 between the
City of Lake Elmo and Washington County are hereby approved and the Mayor and City
Administrator are hereby authorized execute the agreements on behalf of the City of Lake Elmo.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY FIRST DAY OF
MARCH, 2017.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
Mayor
(Seal)
ATTEST:
________________________________
Julie Johnson
City Clerk
Page 1 of 5
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF LAKE ELMO AND WASHINGTON COUNTY
FOR THE DESIGN AND CONSTRUCTION COST OF
TRAFFIC SIGNAL AND PEDESTRIAN IMPROVEMENTS
AT COUNTY STATE AID HIGHWAY 15 AND 50TH STREET NORTH
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 and the City desire to install a traffic signal on County State Aid Highway No.
15 (Stillwater Blvd) at its intersection with 50th Street North in the City of Lake Elmo; and
WHEREAS, items included in the project require City cost participation in accordance with “Washington
County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”; and
WHEREAS, the City desires to use local funds for these improvements; and
WHEREAS, the County desires to use local funds and/or State Aid for these improvements; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
construction of these transportation 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:
A. 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, Exhibit
A (Location Map) and Exhibit B (Projected Cost and Cost Splits).
B. PLANS AND SPECIFICATION PREPARATION
1. The County shall be responsible for the preparation of all the plans and specifications for the
project, including but not limited to, compliance with all applicable standards and policies and
obtaining all approvals required in formulating the bid specifications for all County and City
components of this Project.
2. The following County project numbers have been assigned to the project: SAP 082-615-033
(CSAH 15).
C. ADVERTISEMENT AND AWARD OF CONTRACT
After plans and specifications have been approved by the County, all permits and approvals
obtained, and acquisition of necessary rights-of-way and easements, the County shall advertise
for construction bids and at the sole discretion of the County award the contract to the lowest
responsible bidder.
WASHINGTON COUNTY
CONTRACT NO. 10856
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM SIGNATURE – END OF PROJECT
Page 2 of 5
D. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING
The County shall be responsible for the construction administration, inspection, and for the
observation and testing for all construction items.
E. COST PARTICIPATION ITEMS AND ESTIMATED COSTS
Items included in the project require City cost participation in accordance with “Washington
County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”, which
is incorporated into this agreement by reference. The City’s cost participation for this project is
broken down into three categories which are: 1.) Construction; 2) Design Engineering; and 3)
Construction Engineering/Contract Administration
1. Construction
Construction costs include the cost to construct the project, including but not limited to the
construction contract and County-furnished materials. The County has prepared a projection
cost and cost splits hereto attached as Exhibit B. The total project cost for construction is
estimated to be $190,113.80 as indicated in Exhibit B. The City shall pay to the County its share
of the total cost as shown in Exhibit B and summarized in Table 1. After the County has
awarded the construction contract, Exhibit B will be updated to reflect the actual contractor’s unit
prices.
2. Design Engineering
Design engineering costs include the cost for professional design engineering services, project
coordination, preparation of plans and specification, stake holder engagement, geotechnical
studies and other administrative functions necessary for the project. The estimated cost for
design engineering for the entire project is $16,000. The City shall pay 33.33 percent of the
final cost of design engineering for the entire project as summarized in Table 1.
3. Construction Engineering/Contract Administration
Construction Engineering/Contract Administration cost includes the cost of construction
observation, construction testing, construction administration, staking, conducting and recording
the pre-bid, pre-construction and weekly construction meetings, reviewing monthly pay
estimates, labor compliance, and other administrative functions necessary for the project. The
estimated cost for construction engineering/contract administration for the entire project is
$14,400. The City shall pay 33.33 percent of the final cost of construction engineering/contract
administration as summarized in Table 1.
Table 1
City of Lake Elmo Cost Summary
ITEM COST
Estimated Construction (including County-furnished materials) $50,000
Estimated Design Engineering $5333
Estimated Construction Engineering/Contract Administration $4800
TOTAL ESTIMATED COST $60,133
4. The costs attributable to the City and payable to the County in Table 1 are merely estimated
costs. Actual construction costs will be based on the contractor's unit prices and quantities, and
a reconciliation of actual costs to the estimated costs will be made pursuant to section F of this
agreement.
Page 3 of 5
F. PAYMENT
1. Construction
a. After the County has awarded the construction contract, Exhibit B will be updated to reflect
the actual contractor’s unit prices and will submit a copy of the revised summary to the City.
Upon receipt of the revised summary and invoice, the City shall pay Washington County an
amount equal to 10 percent of the City's estimated construction cost.
b. During construction the County shall submit to the City an estimated cost of the partial work
performed by the Contractor. Upon receipt of this estimated cost, the City shall pay to the
County its share of the cost of the partial work performed as determined in this Agreement.
c. Upon substantial completion of the work the County shall prepare a final cost participation
summary which will be based upon the contract unit prices and the actual units of work
performed and shall submit a copy of this summary to the City. The County shall submit to
the City a final reconciliation of costs, which will add or subtract contract amendments to the
City’s Project components, adjustments for liquidated damages pursuant to Section H, and
previous Project cost payments made by the City to the County. If the amount of the total of
the payments made by the City is less than the actual cost to the City of its portion of the
Project, the City agrees to pay the difference between the estimated amount paid by the City
and the actual cost of the City’s portion of the project.
2. Costs associated with design engineering, and construction engineering/contract administration
shall be invoiced by the County and paid by the City on a reimbursable basis.
3. In the event that the City paid more in advance than the actual cost of the City’s portion of the
project, the County shall refund without interest the amount to the City.
4. The City shall pay 100 percent of an invoice amount within 30 days of receipt.
G. CONTRACT CHANGES
1. Any modifications or additions to the final approved plans and/or specifications of the City’s
portion of the project shall be made part of the construction contract through a written
amendment to the construction contract, but only after concurrence by the City Engineer, and
the cost for such changes shall be appropriated as set forth in the County Cost Participation
Policy.
2. Any utility or facility which is subsequently modified or added to the final approved plans and/or
specifications shall become part of the construction contract and shall be paid for in accordance
with the Washington County Cost Participation Policy.
H. LIQUIDATED DAMAGES
Any liquidated damage assessed the contractor in connection with the work performed on the
project shall be shared by the City and the County in the following proportion: The respective
total share of construction work to the total construction cost without any deduction for liquidated
damages.
I. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through levy
on County-owned property.
J. 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.
Page 4 of 5
K. WORKERS COMPENSATION
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.
L. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all
liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be
required to pay by reason of any negligent act by the City, its agents, officers or employees
during the performance of this agreement.
2. The County agrees that it will defend, indemnify and hold harmless the City against any and all
liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be
required to pay by reason of any negligent act by the County, its agents, officers or employees
during the performance of this agreement.
3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to
be and shall be construed as a “cooperative activity” and it is the intent of the parties that they
shall be deemed a “single governmental unit” for the purposes of liability, as set forth in
Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for
the acts or omissions of another party to this Agreement except to the extent they have agreed
in writing to be responsible for the acts or omissions of the other parties as provided for in
Section 471.59, subd. 1a.
4. 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 is controlled by
Minnesota Statute 471.59, subdivision 1a 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).
O. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in
the course of this Agreement is governed by the Minnesota Government Data Practices Act,
Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state
rules adopted to implement the Act, as well as state statutes and federal regulations on data
privacy.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers.
WASHINGTON COUNTY CITY OF LAKE ELMO
Chair Date Mayor Date
Board of Commissioners
Molly O’Rourke Date City Administrator Date
County Administrator
Page 5 of 5
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
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This map is the result of a compilationand reproduction of land records as they appear in various Washington County offices.This map should be used for referencepurposes only. Washington County is not responsible for any inaccuracies.
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Estimated Costs and Quantities
CSAH 15 at 50th Street North
State Aid Project 082-615-033
Lake Elmo and Baytown Township, Minnesota
Prepared by JMG (SEH) on March 1, 2017
EST. QTY.EST. COST 082-615-033 QTY 082-615-033 COST CITY QTY CITY COST COUNTY QTY COUNTY COST
2021.501 MOBILIZATION LS $6,900.00 1 $6,900.00 0.67 $4,623.00 0.33 $2,277.00
2102.502 PAVEMENT MARKING REMOVAL LIN FT $10.00 40 $400.00 40 $400.00
2104.501 REMOVE CURB & GUTTER LIN FT $40.00 5 $200.00 5 $200.00
2104.503 REMOVE BITUMINOUS WALK SQ FT $5.00 120 $600.00 120 $600.00
2104.513 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT $4.00 135 $540.00 135 $540.00
2104.523 SALVAGE SIGN EACH $100.00 7 $700.00 3 $300.00 2 $200.00 2 $200.00
2104.603 REMOVE & REPLACE BITUMINOUS PAVEMENT LIN FT $50.00 135 $6,750.00 135 $6,750.00
2105.501 COMMON EXCAVATION CU YD $12.00 10 $120.00 10 $120.00
2211.501 AGGREGATE BASE CLASS 5 TON $25.00 3 $75.00 3 $75.00
2501.515 12" RC PIPE APRON EACH $800.00 1 $800.00 1 $800.00
2501.602 TRASH GUARD FOR 12" PIPE APRON EACH $400.00 1 $400.00 1 $400.00
2503.511 12" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $50.00 49 $2,450.00 49 $2,450.00
2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN H LIN FT $400.00 2.14 $856.00 2.14 $856.00
2506.516 CASTING ASSEMBLY EACH $800.00 1 $800.00 1 $800.00
2521.511 2.5" BITUMINOUS WALK SQ FT $8.00 234 $1,872.00 234 $1,872.00
2521.618 CONCRETE WALK SQ FT $10.00 188 $1,880.00 188 $1,880.00
2531.603 CONCRETE CURB & GUTTER LIN FT $40.00 135 $5,400.00 135 $5,400.00
2531.618 TRUNCATED DOMES SQ FT $60.00 48 $2,880.00 48 $2,880.00
2563.601 TRAFFIC CONTROL LS $5,000.00 1 $5,000.00 0.67 $3,350.00 0.33 $1,650.00
2563.602 TYPE III BARRICADE EACH $1,000.00 1 $1,000.00 1 $1,000.00
2564.531 SIGN PANELS TYPE C SQ FT $50.00 74 $3,700.00 54.2 $2,710.00 19.8 $990.00
2564.550 DELINEATOR EACH $200.00 4 $800.00 4 $800.00
2564.602 INSTALL SIGN EACH $150.00 3 $450.00 3 $450.00
2565.511 TRAFFIC CONTROL SIGNAL SYSTEM SIG SYS $96,000.00 1 $96,000.00 0.67 $64,320.00 0.33 $31,680.00
2573.530 STORM DRAIN INLET PROTECTION EACH $200.00 1 $200.00 1 $200.00
2573.533 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT $3.00 25 $75.00 25 $75.00
2574.508 FERTILIZER TYPE 3 LB $2.00 15 $30.00 15 $30.00
2574.525 COMMON TOPSOIL BORROW CU YD $30.00 30 $900.00 30 $900.00
2574.578 SOIL BED PREPARATION ACRE $1,000.00 0.06 $60.00 0.06 $60.00
2575.502 SEED MIXTURE 25-131 LB $3.00 15 $45.00 15 $45.00
2575.523 EROSION CONTROL BLANKETS CATEGORY 3N SY $2.00 40 $80.00 40 $80.00
2575.560 HYDRAULIC MULCH MATRIX LB $1.50 150 $225.00 150 $225.00
2575.605 SEEDING ACRE $4,500.00 0.06 $270.00 0.06 $270.00
2582.502 24" SOLID LINE PREFORM THERMO GROUND IN LIN FT $10.00 70 $700.00 35 $350.00 35 $350.00
2582.503 CROSSWALK PREFORM THERMOPLASTIC GROUND IN SQ FT $10.00 240 $2,400.00 240 $2,400.00
SUBTOTAL OPINION OF PROBABLE COST =$145,558.00 $105,739.00 $39,619.00 $200.00
SUBTOTAL OPINION OF PROBABLE COST =$145,558.00
10% Contigency =$14,555.80
COUNTY ITEMS $30,000.00
TOTAL OPINION OF PROBABLE COST =$190,113.80
Item Number TOTALUNIT COSTUNITItem
Page 1 of 4
WASHINGTON COUNTY
CONTRACT NO. 10780
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM PERPETUAL
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF LAKE ELMO AND
THE COUNTY OF WASHINGTON
FOR MAINTENANCE OF THE TRAFFIC SIGNAL SYSTEM
AT THE INTERSECTION OF STILLWATER BOULEVARD
AND 50th STREET NORTH
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”, shall consist of this agreement and Exhibit A.
WITNESSETH:
WHEREAS, the County intends to construct a wood pole traffic signal system on County State Aid
Highway No. 15, also known as Stillwater Boulevard and formerly known as State Trunk Highway No.
5, at its intersection with 50th Street North in the City of Lake Elmo; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
maintenance of the traffic signal system; 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:
A. 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.
B. MAINTENANCE RESPONSIBILITIES
1. This agreement and all of its provisions shall apply only to the traffic control signal system to be
located on Stillwater Boulevard, formerly known as Minnesota Trunk Highway No. 5 and now
designated as County State Aid Highway No. 15, at its intersection with 50th Street North, said
intersection being located approximately 1200 feet east of the northwest corner of Section 7 of
Township 29 North, Range 20 West, as shown in Exhibit A.
2. The City shall, at its sole cost and expense, pay all monthly electrical service expenses
necessary to operate the traffic control signal system including all cabinet and control equipment
and integral streetlights, and including the cost of establishing and perpetuating a connection to
the electrical service grid and subsequent ongoing electrical service expenses.
3. The County shall, at the sole cost and expense of the City, maintain and keep in repair the
integral luminaires (overhead street lights) and all their components, including replacement of
the existing luminaires if necessary, except that the County shall maintain and keep in repair the
electrical connection to the luminaire heads at the sole cost and expense of the County.
4. The County owns the traffic control signal system and all of its components and shall, at its sole
cost and expense, operate, maintain and keep in repair the traffic control signal system
including but not limited to the relamping of vehicular and pedestrian traffic signal indications,
cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle
Preemption (EVP) system, attached signage, traffic signal interconnection and master
controller, and repair of any and all physical damage, except as set forth in the following section.
Page 2 of 4
5. The County considers paint to be an aesthetic component of the traffic signal system.
Therefore the City shall, at its sole cost and expense, clean and paint the traffic control signal
system and integral streetlights at the sole cost and expense of the City, having first obtained a
permit from the County which may place conditions on activities within the right-of-way.
Alternatively, the City may, at its discretion, request in writing that the County paint the traffic
control signal system and integral streetlights at the sole cost and expense of the City.
6. The County shall, at its sole cost and expense, be responsible for identification and location of
the underground components of the traffic control signal system as required by the Gopher
State One Call system.
7. Any EVP equipment currently installed on the signal covered by this agreement, including
optical detectors, control electronics, and confirmation lights shall become the property of
Washington County if not already so established, with no direct compensation made to the City
for said transfer.
8. The City shall not revise by addition or deletion, nor alter or adjust any component, part,
sequence, or timing of the aforesaid traffic control signal system or EVP systems; however
nothing herein shall be construed as restraint of prompt, prudent action by properly constituted
authorities in situations where part of such traffic control signal systems may be directly involved
in an emergency.
9. The EVP systems provided for in this agreement shall be installed, operated, maintained,
upgraded, or removed in accordance with the following conditions and requirements:
a. Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. The City will,
provide the County Engineer or his duly appointed representative a list of all such
vehicles with emitter units upon request.
b. Malfunctions of the EVP systems shall be reported to the County immediately.
c. Only in the event said EVP systems or components are, in the opinion of the County,
being misused or the terms set forth herein are violated, and such misuse or violation
continues after receipt by the City of written notice thereof from the County, the County
may remove, modify, restrict, or deactivate the EVP systems. Upon removal of the EVP
systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers,
infrared detector heads, and indicator lamps and all other components shall become the
property of the County.
d. All timing of said EVP systems shall be determined by the County.
C. 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.
D. 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
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 City.
Page 3 of 4
E. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all
liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be
required to pay by reason of any negligent act by the City, its agents, officers or employees
during the performance of this agreement.
2. The County agrees that it will defend, indemnify and hold harmless the City against any and all
liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be
required to pay by reason of any negligent act by the County, its agents, officers or employees
during the performance of this agreement.
3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to
be and shall be construed as a “cooperative activity” and it is the intent of the parties that they
shall be deemed a “single governmental unit” for the purposes of liability, as set forth in
Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for
the acts or omissions of another party to this Agreement except to the extent they have agreed
in writing to be responsible for the acts or omissions of the other parties as provided for in
Section 471.59, subd. 1a.
4. 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 is controlled by
Minnesota Statute 471.59, subdivision 1a 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).
G. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in the
course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota
Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted
to implement the Act, as well as state statutes and federal regulations on data privacy.
F. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through levy on
County-owned property.
Page 4 of 4
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers.
WASHINGTON COUNTY CITY OF LAKE ELMO
Chair Date Mayor Date
Board of Commissioners
Molly O’Rourke Date City Administrator Date
County Administrator
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
R:\TRAFFIC\Traffic Signals\Agreements\Lake Elmo\CSAH 15 at 50th Signal Maint 2017.doc
STAFF REPORT
DATE: 3/21/2017
REGULAR
ITEM #: 23
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Lakewood Crossing 2nd Addition General Planned Unit Development
Concept Plan
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
CM Properties 94, LP has submitted an application to the City for a Planned Unit Development (PUD)
Concept Plan for Outlot A of Lakewood Crossing 1st Addition. The proposal is being submitted for
conceptual review before the applicant submits a Preliminary Plat and PUD Preliminary Plan application
to subdivide the existing 3.82 acre parcel in to three separate parcels. These parcels will include a full
service restaurant with outdoor patio; quick service restaurants with drive-thrus; and other retail activities.
Approval of the PUD Concept Plan alone does not afford the developer/applicant any rights.
ISSUE BEFORE COUNCIL:
The Council is being asked to consider a request for a Planned Unit Development (PUD) Concept Plan for
Lakewood Crossing 2nd Addition.
PROPOSAL DETAILS/ANALYSIS:
The Planning Commission held a public hearing, reviewed, and provided recommendation on the proposed
PUD Concept Plan at its meeting on March 13, 2017. No public testimony was given during the public
hearing, nor was any submitted to Staff prior to the meeting. The following provides a summary of
comments received during that meeting upon review of the subject PUD Concept Plan.
PUD Flexibility Requests. The Applicant will need to more clearly outline what sort of PUD flexibility is
being requested. The Applicant had communicated during the meeting that the subdivision of the parcels
would allow the Applicant to bring in up to 15-18 different businesses to the parcel as opposed to one big-
box retailer. The application indicates that the Applicant is only requesting flexibility from wall sign
requirements and zero lot lines. Upon review of the application of its adherence to the Zoning Code, Staff
and the Planning Commission have determined that flexibility from the following City standards will be
required. Comments from the Planning Commission regarding these flexibilities are also outlined:
•Lot width. Because of the irregular size of the parcel to be subdivided, lot width of one lot of the
proposed plan does not meet City standards.
•Impervious surface requirements of one lot. The average impervious surface percentage of the three
lots combined meet City standards (maximum of 75% impervious surface), but one of the lots does
not meet this requirement.
•Signs. The Applicant has stated in the Concept PUD application that wall signage flexibility is
being requested but has not provided further detail. The Applicant indicated during the meeting
that perhaps they will request 1.5 feet of wall sign square footage per lineal foot measurement of
the building as opposed to the permitted 1 square foot per lineal foot of the building. The Applicant
City Council 3/21/2017 Item #21
Page 2
will need to submit a Comprehensive Sign Plan to be approved. The Commission requested
marketing data on why the increased square footage was necessary.
• Drive-thru as a permitted, rather than conditional use. The Applicant has requested that through
the PUD process, drive-ways be a permitted, rather than conditional use as designated in the Zoning
Code. The Commission does not recommend this be allowed as a permitted use in order for the
City to have more control over the placement, number and screening of the drive-thrus.
o Drive-thru placement. The Commission also had concern about traffic control with
proposed placements of drive-thrus. Specifically, the northerly-most drive-thru exits in to
the parking lot rather than providing egress. There was also concern about the number of
drive-thrus, turning radiuses, and traffic control with the number of drive-thrus being
proposed.
• Outdoor Dining as a permitted, rather than conditional use. The Applicant clarified during the
meeting that the outdoor seating was being proposed on Lot 3 and that it will be enhanced by
plantings, etc. The Commission did not specifically state that there was issue with allowing outdoor
dining as a permitted use, but there was concern about where it would be located and if parking lot
traffic would interfere.
• 20% Open Space Requirement for PUDs. The City’s PUD Ordinance requires that PUD submittals
provide at least 20% preserved and protected open space. Other public or site amenities may be
approved as an alternative to this requirement. The Planning Commission recommends that the
Applicant more clearly outline what public or site amenity is being proposed as an alternative to
the open space requirement. The Applicant stated during the public hearing that upgraded
architectural features are being proposed and that the development will provide additional tax base
and also that 20% open space may not make sense for such a development, as the open space would
be taking away tax base.
• Access Management. City standards require that access on Hudson Blvd be limited to spacing of
660 feet. The proposed plan has an access only 250 feet from the Kwik Trip’s existing access
(which the proposed development will share). Staff and the Planning Commission recommend that
the Applicant work with the property to the west of the proposed development (PID#
34.292.144.0004 – Ebertz property) to provide shared access. They also wanted to possibly see a
better explanation of how site circulation could possibly work with one access.
• Parking requirements. More information is needed as to whether or not the applicant will need to
provide additional parking or if it will be a requested PUD flexibility. The use of each of the
buildings has not yet been defined, and so Staff cannot determine if these requirements have been
met. Currently, the plan proposes 6.6 spaces per 1000 square feet. The Applicant does not yet know
who will be the tenants within the proposed development but will try and have a more definite plan
to provide for the Preliminary PUD Plans and is confident that there will be adequate parking
provided. He also asserted that adequate parking was in the best interest of himself as the developer
and the tenants of the proposed development.
Other Comments. The Planning Commission provided the following additional comments on the proposed
PUD:
• Drainage. There was also concern about drainage, but at this point, the proposal has not been
reviewed in detail, as the plan is at a concept phase.
• Landscaping. The proposed PUD Concept Plan does not meet a number of City Landscape
Requirements including landscaping of setback areas and perimeter parking lot landscaping. The
landscape plans will need to be amended to comply with City standards and approved by the City’s
Landscape Architect. Additionally, the Commission had requested that there be more landscape
islands within the parking lot.
City Council 3/21/2017 Item #21
Page 3
Recommended Conditions of Approval. The attached Resolution 2017-020 outlines the recommended
conditions of approval by Staff as amended by the Planning Commission. The Planning Commission
recommended the following changes to Staff-recommended conditions:
• 9. The Applicant shall provide open space calculations and shall meet the 20% open space
calculation requirement. clearly propose what public or site amenity is being proposed as an
alternative to the City’s 20% open space requirement for a PUD and obtain approval from
Council that the proposed public or site amenity is an acceptable alternative.
• 17. Upon the sale or transfer of ownership of any of the parcels, a A deed restriction that
guarantees access to the parking for all both uses must be submitted.
• 19. The Applicant shall provide an analysis of the drive-thru traffic volume, including any
impact on parking areas, overall development, and secondary access for review and approval
by Council.
Recommendation. The Planning Commission voted to recommend approval of the Lakewood Crossing
2nd Addition PUD Concept Plan with the 19 conditions of approval as drafted by Staff and amended by
the Planning Commission, based on findings of fact listed in the Staff Report, with an affirmative votes if
7-0.
FISCAL IMPACT:
The development of this currently vacant site will create three commercial parcels.
RECOMMENDATION:
Staff and the Planning Commission recommend that the Council approve the Lakewood Crossing 2nd
Addition PUD Concept Plan with the recommended 19 conditions of approval as listed in Resolution
2017-020:
“Move to adopt Resolution 2017-020, approving the Lakewood Crossing 2nd Addition PUD Concept
Plan with 19 conditions of approval.”
ATTACHMENTS:
1. Planning Commission Report dated 3/13/2017.
2. Resolution 2017-020
3. Planning Commission meeting minutes 3/13/2017.
CITY OF LAKE ELMO
RESOLUTION NO. 2017-020
A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR
LAKEWOOD CROSSING 2ND ADDITION
WHEREAS, CM Properties 94, LP c/o MFL Properties Corp., 3460 Washington Dr.,
Ste 100, Eagan, MN 55112, (“Applicant”) has submitted an application to the City of Lake Elmo
(“City”) for a General Planned Unit Development (PUD) Concept Plan, a copy of which is on
file in the Lake Elmo Planning Department; and
WHEREAS, the proposed PUD Concept Plan is to allow the commercial development of
a 3.82 parcel to be called Lakewood Crossing 2nd Addition that will be located within the area
north of I-94 and south of 10th Street N, and will incorporate exceptions from the City’s Zoning
Regulations as noted below; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on March 13,
2017 to consider the PUD Concept Plan; and
WHEREAS, on March 13, 2017 the Lake Elmo Planning Commission adopted a motion
to recommend that the City Council approve the PUD Concept Plan with conditions; and
WHEREAS, the Lake Elmo Planning Commission submitted its report and
recommendation to the City Council as part of a memorandum from the Planning Department
dated March 13, 2017; and
WHEREAS, the City Council reviewed the recommendation of the Planning
Commission concerning the PUD Concept Plan at its regular meeting on March 21, 2017.
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1) That the procedure for obtaining approval of said PUD Concept Plan is found in the Lake
Elmo City Code, Article XVIII.
2) That all the requirements of said City Code Article XVIII related to the PUD Concept
Plan have been met by the Applicant.
3) That the proposed PUD Concept Plan would allow the development of three commercial
parcels of 3.82 acres and would allow for platting of Outlot A of Lakewood Crossing 1st
Addition.
4) That the PUD Concept Plan would be located on property legally described as Outlot A
of Lakewood Crossing 1st Addition.
5) That the Applicant shall specifically outline which exceptions from the underlying C-
Commercial Zoning District requirements are being proposed in the PUD Concept Plan.
The following have been preliminarily identified:
a) The smallest street frontage of 23.4 feet.
b) Maximum impervious surface of 80% for Lot 2.
c) Comprehensive Sign Plan allowing additional wall signage if justified by the
Applicant and approved by Council.
d) Drive-thru number and placement, if further analyzed and approved by Council.
e) Outdoor dining as a permitted use, if further analyzed and approved by Council.
f) Waiver of 20% open space requirement, if Council determines that an alternative
public or site amenity is being proposed.
g) Alternative to access spacing requirement of 660 feet on Hudson Blvd., provided the
Applicant works with the westerly property to provide shared access.
h) Minimum parking requirements, if further analyzed and approved by Council.
6) That the proposed General Concept Plan for a PUD:
a) Is consistent with the goals, objectives, and policies of the Comprehensive Plan and
that the uses proposed are consistent with the C-Commercial land use designation
shown for the area on the official Comprehensive Land Use Plan.
b) Is generally consistent with the purpose of Article XVIII of the City Code.
c) Generally complies with the development standards of Article XVIII of the City
Code.
7) That the proposed PUD will allow a more flexible, creative, and efficient approach to the
use of the land than if the applicant was required to conform to the standards of the
existing zoning districts on this property.
8) That the uses proposed in the PUD will not have an adverse impact on the reasonable
enjoyment of neighboring property and will not be detrimental to potential surrounding
uses.
9) That the PUD is of sufficient size, composition, and arrangement that construction,
marketing, and operation are feasible as a complete unit, and that provision and
construction of dwelling units and open space are balanced and coordinated.
10) That the PUD will not create an excessive burden on parks, schools, streets, and other
public facilities and utilities, which serve or are proposed to serve the development.
11) That the PUD is designed in such a manner as to form a desirable and unified
environment within its own boundaries.
CONCLUSIONS AND DECISION
1. Based on the foregoing, the Applicant’s PUD Concept Plan for the development of a 3 parcel
commercial subdivision to be called Lakewood Crossing 2nd Addition is hereby approved,
subject to the following:
1. The Applicant shall address all of the comments outlined in the City Engineer
memorandum dated March 8, 2017.
2. The Applicant shall obtain all necessary permits including but not limited to all
applicable city permits (building, grading, sign, etc.), NPDES/SWPPP permits, Valley
Branch Watershed District approval, and review by the MPCA if infiltration practices
will be allowed.
3. The Applicant shall be required to extend sanitary sewer and municipal water service to
the westerly adjacent property.
4. Stormwater facilities shall be privately owned and maintained. A maintenance agreement
in a form acceptable to the City should be executed and recorded.
5. The Applicant shall amend the proposed Landscape Plan to comply with City standards
and obtain approval by the City’s Landscape Architect.
6. The Applicant shall provide financial security for 125% of landscaping materials.
7. The Applicant shall submit a Comprehensive Sign Plan and narrative detailing what sort
of flexibility is being proposed and for what reason and obtain approval from the
Planning Director.
8. The Applicant shall detail the uses of each building and provide necessary information
for the Planning Director to review and approve that the City’s Off-Street Parking
requirements have been met.
9. The Applicant shall clearly propose what public or site amenity is being proposed as an
alternative to the City’s 20% open space requirement for a PUD and obtain approval from
Council that the proposed public or site amenity is an acceptable alternative.
10. The Applicant shall detail the location of the drive-thru elements and outdoor dining
facility to ensure standards for such uses have been met.
11. The Applicant shall submit a photometric plan, and all lighting must meet requirements
of Sections 150.035-150.038 of the City Code.
12. The Applicant shall submit a plan and obtain approval from the Building Official and
Fire Chief for the location of hydrants and No Parking and Fire Lane signs.
13. The Applicant shall work to include PID# 34.292.1440004 (Ebertz property) as part of
the Preliminary Plat and PUD Plans or work with the owner of this property to provide
shared access.
14. Full left and right turn lanes should be constructed for any new permitted access to the
development.
15. The City shall further evaluate shoulder widening/improvements as part of the
development.
16. The Applicant shall include in the application narrative why an off-street loading area is
not required, to be reviewed by the Planning Commission and approved by Council.
17. A deed restriction that guarantees access to the parking for all uses shall be submitted.
18. Mechanical rooftop equipment must be screened.
19. The Applicant shall provide an analysis of the drive-thru traffic volume, including any
impact on parking areas, overall development, and secondary access for review and
approval by Council.
Passed and duly adopted this 21st day of March 2017 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
Lake Elmo Planning Commission Minutes; 3‐13‐17
City of Lake Elmo
Planning Commission Meeting
Minutes of March 13, 2017
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer, Dodson, Dorschner, Emerson, Larson, Williams,
Lundquist and Hartley
COMMISSIONERS ABSENT: Fields
STAFF PRESENT: Planning Director Wensman and City Administrator Handt
Approve Agenda:
M/S/P: Dodson/Williams, move to approve the agenda as presented, Vote: 7‐0, motion
carried, unanimously.
Approve Minutes: January 23, 2017
M/S/P: Dodson/Larson, move to approve the January 23, 2017 minutes as presented,
Vote: 7‐0, motion carried unanimously.
Approve Minutes: February 27, 2017
M/S/P: Wiliams/Lundquist, move to approve the February 27, 2017 minutes as
amended, Vote: 7‐0, motion carried unanimously.
Public Hearing – PUD Concept Plan – Lakewood Crossing 2nd
Wensman started his presentation regarding the Lakewood Crossing 2nd Addtion PUD
Concept Plan. This will be a 3 lot subdivision on 3.82 acres. The proposal is for a full
service resteraunt, chiropractic and other retail activities. This property is currently
vacatn but is guided for commercial. This PUD Concept Plan is intended to is intended
to provide the applicant guidance so that they can adjust the proposal if necessary. The
PUD will give flexibility to maximize the use of the property when straight zoning does
not work. There is a requirement that 20% of the project area be open space. There are
no open space calculations which must be provided. Lot dimensions and Bulk
requirements are largely met, but flexibility is being requested for the following 1) lot
width minimum 2) Imprervious surface 3) Parking setbacks.
2
Lake Elmo Planning Commission Minutes; 3‐13‐17
There are some deviations from the commercial design standards. Some of the
standards do not apply to this site and the unique shape of the lot make some of them a
challenge. There is not much landscaping proposed, especially on the exterior streets.
The main comments come from engineering and have to do with traffic and access
management. Hudson Blvd is a main collector and there is spacing limitations to 660
feet spacing for full access intersections. That would put the next access at the Ebertz
property. The City is suggesting working with the Ebertz to develop together.
There are 18 recommended conditions of approval including meeting all engineering
comments, a comprehensive sign plan, open space calculations, amended landscape
plan to meet city standards, financial security, obtain necessary permits, etc.
Kreimer asked if this could be done with one entrance or if there would need to be two
for safety. Wensman stated that to his knowledge there would not need to be two, but
should be run by the fire chief and city engineer.
Williams asked why there would be no deed restriction on the shared parking as part of
this as it states it is at the time of sale. Wensman stated that there should be a cross
access agreement now, not at time of sale.
Hartley asked if the city engineer reviewed this for drainage. Wensman stated that at
the concept plan, they are looking at bigger picture and the bigger issue is the access
management.
Kreimer asked why this property would need to provide the sewer and water. Is it not
in Hudson Road? Wensman stated that the sewer access does not extend all the way
down.
Bruce Miller, CM Properties, they are building on speculation and hope that the
businesses will come. They are asking for some flexibility from the code so that they can
bring a much more quality development forward. The drive through component would
be a CUP through the PUD process and they would like to get those approvals now so
that they can market to those types of businesses wth confidenct. He feels that the
signage requirements are very small and would be difficult to see. They have been
working on some signage proposals for a comprehensive sign plan. Miller stated that
rather than the 20% open space required with a PUD, he is proposing upgraded
architectural features. He is confident that there will be enough parking. It is to there
benefit to make sure there is adequate parking to meet the needs of their tenants.
Hartley asked about a shared driveway on the West side with the Ebertz. Miller stated
that the first phase would not need the second access point unless the fire chief
requires it. He stated that he does not control the Ebertz property, but he is willing to
give them an easement for access.
3
Lake Elmo Planning Commission Minutes; 3‐13‐17
Public Hearing opened at 7:52 pm
No one spoke and there were no written comments
Public Hearing closed at 7:52 pm
Williams feels that this is a good development and good for this spot. He does have
concerns about the access spacing, traffic flow for all the drive thrus and parking needs
to be more detailed. The offsets to open space he is willing to discuss, but needs to be
convinced with more details of landscaping and architectural design. Dodson agrees
with Williams and would like to see an agreement worked out with the property owner
to the West. There was discussion regarding concern with the traffic flow of the drive
thrus. Kreimer would like to see a couple of islands in the center of parking lot to break
it up a little bit. He is also concerned about the turn radius for the multiple drive‐thrus
and is concerned about the access spacing.
Lundquist thinks this will be a a great addition to the community and she is not
concerned about the drive‐thru radius. Hartley is uncomfortable permitting some of
these activities without knowing what the actual use or scale will be. He would like to
see them as Conditional Use Permits as the use comes in. Kreimer would like to add
condition #19 that the applicant shall be limited to 4 drive thru accesses and 2 of these
must be low intensity uses. Miller stated that the approval or denial for a drive thru
would impact how you lay out the site and construct the building. Dodson is wondering
if the design of the buildings limits what types of businesses would go in there. Miller
stated that the design would dictate what types of businesses would go in there.
Williams is wondering if with the next phase the developer could give them information
regarding the drive thru traffic. Hartley stated that the drive thru traffic could be part of
the parking space analysis.
M/S/P: Dodson/Williams, move to add condition of approval #19 that an analysis be
done on the drive thru traffic volume, including any impact on the parking areas as well
as the secondary access and overall development, Vote: 7‐0, motion carried
unanimously.
Dorschner feels that this would be self managing as businesses will pick a location that
will accommodate their needs. He doesn’t see the concern with the parking as this
development doesn’t seem any more dense than in other communities. Lundquist
agrees. She sees the traffic going around with a flow.
M/S/P: Dorschner/Lundquist, move to recommend approval of the Lakewood Crossing
2nd addition PUD Concept Plan with the 19 conditions of approval as drafted by staff and
amended by the Planning Commission, based on the findings of fact listed in the staff
report, Vote: 7‐0, motion carried unanimously.
STAFF REPORT
DATE: 3/13/2017
REGULAR
ITEM #: 4a
MOTION
TO: Planning Commission
FROM: Emily Becker, City Planner
AGENDA ITEM: Lakewood Crossing 2nd Addition General Planned Unit Development
Concept Plan
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
CM Properties 94, LP has submitted an application to the City for a Planned Unit Development (PUD)
Concept Plan for Outlot A of Lakewood Crossing 1st Addition. The proposal is being submitted for
conceptual review before the applicant submits a Preliminary Plat and PUD Preliminary Plan application
to subdivide the existing 3.82 acre parcel in to three separate parcels. These parcels will include a full
service restaurant with outdoor patio; quick service restaurants with drive-thrus; and other retail activities.
Applicant and
Property Owner:
CM Properties 94, LP c/o MFL Properties Corp., 3460 Washington Dr., Ste 100
Eagan, MN 55122
Location: Southwest of Kwik Trip Gas Station (9955 Hudson Blvd N), PID#
3402921440015
Existing Land Use
and Zoning:
Vacant land, Commercial (C)
Comprehensive
Plan:
Commercial
History: The property has been under the ownership of CM Properties 94, LP for over 45
years, and it is the intent that this company will continue to own the property for
years to come.
Deadline for
Action:
Application Complete: 2/21/2017
60 Day Deadline: 4/22/2017
Extension Letter Mailed: N/A
120 Day Deadline: N/A
Applicable
Regulations:
Article XVI – Planned Unit Developments
Article XII – Commercial Districts
Chapter 153: Subdivision Regulations
ISSUE BEFORE COMMISSION:
The Commission should review the proposed PUD Concept Plan, provide feedback, and make a
recommendation to Council.
PROPOSAL DETAILS/ANALYSIS:
PUD Process. The applicant has submitted an application for PUD Concept Plan. A PUD Concept Plan is
intended to provide the applicant with an opportunity to gather information and obtain guidance as to the
general suitability of the proposal before incurring substantial expenses in the preparation of plans, surveys
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 2
and other data. Approval of the PUD Concept Plan alone does not afford the developer/applicant any rights.
The plan should include the following: overall density ranges, general location of residential and
nonresidential uses, their types and intensities, general location of streets, paths, and open space, and
approximate phasing of the development.
Identified PUD Objectives. The PUD process is appropriate for the proposed development to allow
flexibility in the location, design, and mix of commercial uses on a single large site. The City should
consider whether one or more of the objectives listed in Section 154.751 are met when reviewing requests
for approval of planned unit developments. It is Staff’s beliefs that the following objectives listed in the
aforementioned Section are met:
A. Innovation in land development techniques that may be more suitable for a given parcel than
conventional approaches.
Staff Comment: The parcel is an irregularly-shaped parcel and so meeting all of the lot dimension
requirements of the Commercial zoning district could be interpreted as a hardship. Therefore, the
proposed approach would be more suitable for this parcel than the conventional approach.
F. Coordination of architectural styles and building forms to achieve greater compatibility within the
development and surrounding land uses.
Staff Comment: The development will include additional retail and service businesses which will
supplement the gas station.
Minimum Requirements. The City’s PUD ordinance sets forth the following minimum requirements for
a PUD:
x Lot Area. The City’s current Planned Unit Development ordinance sets forth minimum
requirements for lot area in which a PUD is proposed of 5 acres for undeveloped land or 2 acres
for developed land within the approved development.
o The proposed PUD is 3.82 acres.
o The proposed PUD is an outlot of an approved Preliminary Plat.
x Open Space. For all PUDs, at least 20% of the project area not within the street rights-of-way
shall be preserved as protected open space. Other public or site amenities may be approved as an
alternative to this requirement. Land reserved for storm water detention facilities and other
required site improvements may be applied to this requirement.
o The applicant has not provided open space calculations, and so it is a condition of
approval that the applicant provide this. The Commission shall consider if the proposal
provides other public or site amenities that may be approved as an alternative to this
requirement.
x Street Layout. The Applicant is not proposing additional public streets, and so this requirement
does not apply.
Permitted and Conditional Uses. The proposed development will include a full service restaurant with
outdoor patio; quick service restaurants with drive-thrus; chiropractic care, and other retail activities.
Medical facilities (chiropractic care) and drive-thru facilities are conditional uses within the Commercial
zoning district. The following table shows permitted and conditional uses within the Commercial zoning
district as well as the standards to which these uses must adhere.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 3
x Conditional Use to Permitted Use. Because the applicant is proposing a Planned Unit
Development, the applicant is requesting that these uses become permitted uses within this
development, and so separate applications for Conditional Use Permits would not be required.
x Standards. Standards for a medical facility are met. Because the applicant has not provided the
locations of the drive-thru elements or outdoor dining area at this time, it is difficult to determine
if standards for these accessory uses have been met. Staff recommends that a condition of
approval be that the applicant provide these details, and that they comply with these standards.
Standard Required Proposed
Sec. 154.551: Permitted and Conditional Uses
Medical
facilities
Conditional Permitted (Chiropractic care)
Drive-thru
facility
Conditional accessory use Permitted accessory use
Outdoor
Dining Area
Conditional accessory use Permitted accessory use
Financial
Institution
Permitted Permitted
Standard
restaurant
Permitted Permitted
Fast-food
restaurant
Permitted Permitted
Personal
Services
Permitted Permitted
General retail
sales
Permitted Permitted
Sec. 154.304: Standards for Food Services
Restaurant
with Drive-
Thru
1. Drive-through elements shall not be
located between the front façade of
the principal building and the street.
No service shall be rendered,
deliveries made or sales conducted
within the required front yard,
although tables may be provided for
customer use.
2. Site design shall accommodate a
logical and safe vehicle and pedestrian
circulation pattern. Adequate queuing
lane space shall be provided, without
interfering with on-site
parking/circulation.
3. Drive-through canopies and other
structures, where present, shall be
constructed from the same materials
as the primary building, and with a
similar level of architectural quality
and detailing.
1. The drive-through elements are not
outlined. One of the elements appears to
be in front yard of Lot 3.
2. This is hard to determine without
knowing exact locations of speakers and
service windows.
3. Canopy detail and other structure detail
not provided.
4. Unable to determine.
5. Information not provided.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 4
4. Sound from any speakers used on
the premises shall not be audible
above a level of normal conversation
at the boundary of any surrounding
residential district or on any
residential property.
5. Each food or beverage drive-
through business shall place refuse
receptacles at all exits.
Sec. 154.303: Standards for Services
Medical
Facilities
Access to arterial or collector street of
sufficient capacity to accommodate
the traffic that the use will generate.
Two access points shall be provided.
Two access points are provided off of
Hudson Blvd.
Sec. 154.554: Development Standards for Specific Uses
Outdoor
Dining
Accessory to
Food Services
Tables cannot block a public sidewalk
or other walkway needed for pedestrian
circulation. Minimum of 5 ft. of
sidewalk must remain open.
The applicant has not indicated on the site
plan where the outdoor dining area will be
located. It is a condition of approval that
the applicant supply the City with this
information and that it adhere to this
standard.
Lot Dimensions and Bulk Requirements. Largely, the proposed development meets lot dimension and
bulk requirement standards. Flexibility is being requested on:
x Lot width minimum. The parcel that is being developed is a uniquely-shaped parcel, and so the
manner in which the parcel is being subdivided is unique.
x Impervious surface for Lot 2. The overall impervious surface of the three parcels averages 75%,
which meets the Commercial zoning district’s maximum impervious surface requirement . Lot 2
individually, however, exceeds this maximum requirement.
x Parking setback on Lot 1. The parking lot will cover all three lots, so there is a 0 ft. setback between
the three newly-created parcels. Also, the parking lot is connected to a through lane on the east side
of the property with an 8.7 ft. setback. Setbacks from the south and west of the parcel are met.
Standard Required Proposed
Sec. 154.552: Lot Dimensions and Building Bulk Requirements
Lot Width
Minimum
100 ft, Generally these are met, however, Lot 2
forms a sort of flag lot (not significant) that
is 22.3 ft. wide along Hudson Blvd. There
will be shared access with Lot 3. Flag lots
are not prohibited in the Zoning Code in
the Commercial District.
Impervious
Surface
Maximum
75% Lot 1: 74%
Lot 2: 80%
Lot 3: 67%
Parking
Setback
Front yard: 15
Interior side yard: 10
Corner side yard: 15
8.7 ft.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 5
Rear yard: 10
Residential zones: 35
Lot Area
Minimum
0.459 acres Lot 1: 1.83 acres
Lot 2: 1.23 acres
Lot 3: 0.76 acres
Lot Depth
Minimum
None Lot 1: Approx. 255 ft.
Lot 2: 286.06 ft.
Lot 3: 179.78 ft.
Building
Setback
Minimum
Front yard: 30
Interior side yard: 10
Corner side yard: 25
Rear yard: 30
Residential zones
All building setback requirements are met.
Building
Height
45 ft. The applicant will need to detail all
proposed building heights in order to
ensure this standard is met.
Maximum
Building Floor
Size
None Lot 1: 14,300 sf
Lot 2: 10,120 sf
Lot 3: 3,192 sf
Driveway Standards. Flexibility is being requested for the following on driveway standards:
x Distance from driveway to side lot line. Lot 3 will share a driveway access with Kwik Trip, to the
east of the property, and so will not meet this standard with a 0 ft. setback.
x Curb cut. The curb cut has a much wider approach (50 ft.) than the width of the driveway.
Standard Required Proposed
Sec. 93.26: Driveway Standards
Distance from
driveways to
side lot line.
A driveway must be at least 5 ft. from
any side lot line.
0 ft. setback.
Curb cut. A curb cut must not exceed the width of
the driveway approach at the property
line by more than 10 feet.
Driveway: 24’
Curb Cut: Looks to be 74’
Commercial District Design Standards. Because the proposed development is located within the I-94
corridor and is a commercial development, the City of Lake Elmo Design Guidelines and Standards Manual
apply. The following table details significant design standards set forth by this Manual and whether or not
the proposal meets these standards. Much of the language within this Manual is advisory rather than
mandatory. The Commission should consider whether or not flexibility should be allowed from the
following standards:
x Orientation of buildings. The unique shape of the parcel that is being developed resulted in a unique
shape of Lot 3. As a result, the building is oriented according to the shape of the parcel and to
accommodate better traffic circulation and proximity to the parking lot.
x Landscaped open or gathering spaces. Being that this a small commercial development located in
close proximity to the highway that will likely serve quick visits, Staff does not feel it necessary to
provide this open space. An outdoor dining area is being proposed, and the restaurants will likely
provide adequate seating for guests.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 6
x Sidewalks. No sidewalk is provided along Hudson Blvd. However, there are no other sidewalks
along Hudson Blvd. to which it could connect. There is an on-road bike lane on Hudson Blvd that
will accommodate bikers.
x Streetscape Lighting. No lighting is provided along Hudson Blvd. Lighting is provided within the
interior of the parking lot.
x Fencing of Outdoor Dining Areas. The applicant has not indicated on the site plan where the
outdoor dining plan will be located.
x Site furnishings. The Commission may wish to recommend that the applicant include these in the
site plan.
x Parking. The plan provides minimal exterior parking lot landscaping and screening. Additionally,
the parking lot is located in the front of two of the buildings and exceeds 60% of the street frontage.
Standard Required Proposed
Sec. 154.555 Commercial District Design Standards
Subject to design review for conformance with the Lake Elmo Design Guidelines and Standards
Manual.
Orientation of
buildings
Buildings should be oriented front or
parallel to the street they front,
promoting continuity of design.
The building on Lot 3 is oriented at an
angle to Hudson Blvd.
Landscaped
Open or
Gathering
Spaces
Encouraged within commercial
developments.
No open space or gathering areas.
Sidewalks Sidewalks are required along primary
street frontages, unless a suitable
alternative that promotes pedestrian
access to the building from the public
street shall be provided.
There is no sidewalk provided along
Hudson Blvd.
Lighting Ornamental or bollard lighting is
encouraged to increase safety, as well
as add visual interest
Lighting is not proposed along Hudson
Blvd.
Street Trees Shall be installed at regular intervals
along the public right-of-way.
As indicated in the landscape comments,
this is not provided.
Site
Furnishings
Such as decorative fencing, trash
receptacles, planters, bicycle racks, and
benches are recommended – design
elements from Branding & Theming
Study encouraged.
The applicant has not included these items
in the site plan.
Parking Linear measurement of surface parking
areas parallel to the public street are
encouraged to not exceed more than
60% of primary street frontages. If this
cannot be met, berms and/or additional
landscaping along areas of surface
Surface parking exceeds 60% of the
primary street frontage, and there is
minimal landscaping proposed.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 7
parking adjacent primary street frontage
are encouraged.
Parking Lot
Landscaping
Parking areas should be screened from
view of public streets by means of
grading and/or landscaping. Parking
areas should be screened from adjacent
structures with landscaping strips not
exceeding 4 ft in height in order to
ensure pedestrian safety. Landscaped
islands should be installed within
surface parking areas to break up
continuous hardscape and reduce
concentration of impervious surface.
There is minimal landscaping provided
along streets and between adjacent
structure. Landscaped islands are
provided.
Structure
Parking
Structure parking is encouraged and
should be located behind or beneath
primary buildings when possible.
No structure parking is proposed.
Service,
Storage and
Utility Areas
Should located out of view of ROW or
screened. Not allowed in setback areas.
Location should be clearly marked.
The applicant has indicated the location of
the trash room/enclosure and it is not
located in the setback area.
Building Form
and Façade
Blank façades discouraged. Significant
amount of transparent glass. Minimize
continuous expanses of walls.
The proposal includes canvas awnings,
cornices, and a significant amount of
windows.
Building
Materials
High quality, durable materials. Brick,
finished wood, stone, cast stone, pre-
cast concrete panels. High quality
synthetic materials, if approved by the
City, are allowed. Colors of subtle earth
tones.
The building materials consist of standing
seam metal roof, metal canopy, cultured
stone, face brick, and canvas awning.
Colors not indicated.
Scale and
Mass
Builds broken down into smaller parts
to avoid monotony and continuity.
Multiple roof and ridgelines.
Proposal employs varying roof heights
and is broken down in to different
building materials.
Roof Design Roof design consistent with overall
architecture or design. Parapets of
varying heights required. Rooftop
equipment screened.
Varying parapet roofs. It is a
recommended condition of approval that
rooftop equipment be screened.
Entries Accessible for pedestrians.
Architectural features incorporated.
Canopies, awnings, other sheltering
encouraged.
Accessible from the parking lot. Canopies
proposed.
General Site Design Considerations. The following table indicates how the proposed PUD meets the
general site design considerations of Commercial Districts of the Zoning Code.
Standard Required Proposed
Sec. 154.553: General Site Design Considerations
Circulation Internal connections shall be provided
between parking areas on adjacent
properties whenever feasible
Driveway access is shared between Lot 2
and Lot 3. It is a recommended condition of
approval that the applicant either include the
property to the west of the subject property
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 8
in the PUD plans and plat or that shared
access be provided.
Fencing
and
Screening
Fencing and screening walls visible from
the public ROW shall be constructed of
materials compatible with the principal
structure.
No fencing or screening walls proposed.
Lighting
Design
Lighting shall be integrated into the
exterior design of new or renovated
structures to create a greater sense of
activity, security and interest to the
pedestrian. All lighting shall be installed
in conformance to 150.035-150.038
A utility plan provided light pole locations
has been provided, but no photometric plan.
It is a condition of approval that the
applicant shall submit a photometric plan
and comply with Sections 150.035-150.038
of the City Code.
Exterior
Storage
Must be screened from view. None proposed.
Landscape Requirements. The following table outlines how the proposed Landscape Plan does not meet
the certain standards of the Zoning Code. It is a recommended condition of approval that these requirements
be met.
Standard Required Proposed
Sec 154.258: Landscape Requirements
Landscape of
Setback Areas
1. Minimum of 1 tree shall be planted
every 50’ of street frontage.
a. Trees adjacent to streets shall be
plated in the front yard and may be
arranged in a cluster or placed at
regular intervals to best
complement existing landscape
design patterns in the area.
2. Additionally, a minimum of 5 trees
shall be planted for every one acre of
land developed. Such trees may be
used for parking lot landscaping or
screening.
1. No trees are proposed along the east side
of the property abutting Keats Ave N to
WB I-94 W ramp.
2. Additionally, the trees are not planted
every 50 ft. There is only one Autumn
Blaze Maple along Hudson Blvd.
3. 3.82 acres of land is being disturbed, and
therefore 19.1 trees are to be planted. 19
trees are provided for this purpose.
Design Cons-
iderations
No more than 50% of the required
number of trees and shrubs may consist
of any one species. Minimum of 25%
shall be deciduous shade trees and
minimum of 25% coniferous trees.
There are 93 sumac proposed of the 159
trees and shrubs, which is over 50% of the
total number of trees and shrubs.
7 of 25 required trees (though more may be
required if additional trees along the ramp
are required) are coniferous (Greenspire
Linden). Provided the required number of
trees have been provided, this requirement
would be met.
There are 2 ‘D’s on the landscape plan.
This will be need to be corrected. Unable
to determine where the Greenspire Linden
and Thornless Hawthorn will go.
Minimum Size
Standards for
Evergreen: 6’ in height
Deciduous 2.5 inches caliper
Evergreen (Greenspire Linden) 2.5” caliper
(should be 6’ in ht.)
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 9
Landscape
Materials
Deciduous ornamental: 3 inches caliper Deciduous shade trees (Autumn Blaze
Maple, Quaking Aspen, Swamp White
Oak) meet 2.5” caliper
Deciduous ornamental (Thornless
Hawthorn) 1.5” caliper (should be 2”
caliper)
Interior
Parking Lot
Landscaping
1. At least 5% of the interior area of
parking lots with more than 30
spaces shall be devoted to landscape
planting areas.
2. Shade trees shall be provided within
the interior of parking lots (in islands
or corner planting beds) - 1 tree per
15 spaces or fraction thereof.
1. There are no calculations for this to know
exactly, but there are corner planting
beds and some islands provided.
2. Shade trees are provided within corner
planting beds.
Perimeter
Parking Lot
Landscaping
1. A landscape strip at least 8’ wide
shall be provided between parking
areas and public streets, sidewalks or
paths.
a. The frontage strip shall contain
screening consisting of either a
masonry wall, fence, berm or
hedge or combination that forms a
screen of 3.5-4’ in height and not
less than 50% opaque.
b. Trees shall be planted at a
minimum of one deciduous tree
per 50 lf within the frontage strip.
There is no masonry wall, fence, berm, or
hedge provided along Hudson Blvd that
provides such screening. Additionally,
trees are not planted at a minimum of one
deciduous tree per 50 lf.
Tree Preservation Requirements. There are no trees currently on the site, and so a tree preservation plan
is not required.
Off-Street Parking. The applicant meets general parking space size and aisle width standards. However,
more information is needed to determine whether the following standards have been met in regards to off-
street parking requirements.
Standard Required Proposed
Sec. 154.210: Off-Street Parking
Shared
Parking
Joint use of required parking spaces is
encouraged where two or more uses on
the same or adjacent sites are able to
share the same parking spaces because
their demands occur at different times.
The applicant must submit analysis
showing that peak parking times of the
uses will occur at different times and the
parking area will be adequate for both
uses. A legal instrument of deed
restriction that guarantee access to the
parking for both uses shall be submitted
The applicant is proposing that the parking
lot be across all three parcels, indicating that
shared parking will likely be provided. It is
a condition of approval that if the applicant
wishes to provide shared parking between
the three parcels that this analysis be
provided to the City. The applicant has
stated in the application narrative that the
three parcels will be under the same
ownership. However, because this may
change with time, it is a condition of
approval that upon the sale or transfer of
ownership of any of the parcels that a deed
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 10
restriction that guarantees access to the
parking for both uses be submitted.
Minimum
Number of
Parking
Stalls
Required
Financial Institution: 1 space per 100 sf
of usable floor area
Personal services: 1 space per 300 sf of
gross floor area
Drive-in, fast food, and standard
restaurant: 1 space per 3 customer seats
or each 100 sf of interior space (the
greater), plus 1 space per 200 sf exterior
seating area. Drive-throughs shall
provide queuing space for at least 3
vehicles in advance of the menu board
and 3 vehicles between the menu board
and pickup window
Medical facilities: 5 spaces per medical
professional, or 1 space per 200 square
feet of gross floor area
175 standard stalls
6 handicap stalls (pedestrian ramp provided)
It is difficult to determine if these standards
are met without knowing what the exact use
of each building will be. It is a condition of
approval that the applicant provide this
information along with relevant information
to determine whether or not these standards
are met.
Parking
Require-
ments
Parking spaces for uses with multiple
components shall be the sum of the
parking requirements of the separate
components.
As mentioned above, more information is
needed to determine whether or not the
parking requirements have been met.
Off-Street Loading Areas. The applicant has not provided in the site plan an off-street loading area nor an
explanation in the narrative as to why this was not included on the site plan. The restaurants will likely
require the receipt of materials or merchandise trucks or similar vehicles, and the buildings all have a gross
floor area that is larger than 5,000 square feet. It is a recommended condition of approval that the applicant
provide explanation as to why an off-street loading area is not required within this development.
Standard Required Proposed
Sec. 154.211: Off-Street Loading Areas
Off-Street
Loading
Shall be provided in all districts for any
nonresidential use which involve the
receipt or distribution of materials or
merchandise by trucks or similar
vehicles and has a gross floor area of
5,000 sf or more.
A. Facilities less than 20,000 sf may
have a designated loading zone rather
than a loading berth.
None.
Sign Regulations.
x Wall signs. The applicant has indicated in the submittal letter of the application that additional wall
signage is being requested as a PUD flexibility but has not proposed in detail what sort of flexibility
is being proposed or the reasoning for the request. It is a recommended condition of approval that
the applicant submit a narrative and Comprehensive Sign Plan that details what sort of flexibility
is being proposed and for what reason.
x Pylon sign. Additionally, the applicant has indicated on the site plan that a pylon sign is being
proposed. While pylon signs are not permitted under the City’s Sign Regulations, the Commission
may wish to recommend that this be allowed as a PUD flexibility, given that the three proposed
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 11
parcels will have a significant number of tenants within a small area, a pylon sign may be
appropriate in this case in order to list all occupants. The exact dimensions of this sign have not
been proposed, and so it is a recommended condition of approval that the applicant provide this
information for review.
x Directional Signage. Directional signage for the drive-thru is shown on the site plan.
x Stop Sign. A stop sign is shown on the site plan for the driveway entrance on to Hudson Blvd.
x No Parking and Fire Lane Signs. The applicant has not shown on the site plans where no parking
and fire lane signs are being proposed. It is a recommended condition of approval that the applicant
provide this information and obtain approval from the Building Official and Fire Chief.
Phasing. Three phases: 1st: 14,700 sf building on Lot 1 2nd: 10,120 sf building on Lot 2 3rd: 3,192 sf building
on Lot 3.
Engineering Comments. The following provides a summary of comments from the City Engineer.
Detailed comments are attached in the Engineering Memo dated March 8, 2017.
Traffic and Access Management.
x Hudson Blvd is planned as a major collector road. The Comprehensive Plan’s access management
guidelines limit full commercial driveway access to 660 ft spacing for full access intersections and
commercial driveways. The proposed site plan shows approximately 250 ft. spacing between the
two driveway access points off Hudson Blvd. The owner of the property to the west of the
development has expressed interest in developing. It is a recommended condition of approval that
the applicant include this parcel, PID# 34.292.1440004 (Ebertz property), as part of the Preliminary
Plat and PUD Plans or work with the owner of this property to provide shared access.
x Additionally, because Hudson Blvd is a major collector road, and because the City wishes to
maintain the road as a two-lane road, it is necessary to implement left and right turn lanes for access.
Construction of these turn lanes should be done at time of development.
x Shoulder widening/improvements should also be considered as the development process
progresses.
Grading, Drainage, and Erosion Control Plans.
x Need to meet City of Lake Elmo standard specifications and other applicable standards.
Utility Plans.
x The proposed site is located within the Stage 1 Regional Sewer area. The property is currently
served with municipal sewer and water, and no phasing is required for infrastructure improvements.
x The developer should be required to extend the sanitary sewer and 8-inch watermain stub to the
westerly plat limits to make sewer and municipal water service available to that property.
x Additional fire hydrant locations may be required.
x Drainage and utility easements are required over all public sanitary sewer and watermains not in
ROW or City Outlots.
Stormwater Management.
Planning Commission Report Public Hearing Item #4a
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Page 12
x Subject to review by State, VBWD and City rules and regulations, and possibly MPCA (to see if
infiltration practices will be allowed.
x Stormwater maintenance agreement is needed, as storm water facilities are from privately owned
and maintained storm sewer system that may not be constructed to City Engineering design
standards, and therefore should be privately owned and maintained.
x Written landowner permission may be required for off-site storm water discharges to adjacent
property owners to avoid negative impacts to downstream properties.
x An infiltration basin is provided on the east side of the property.
Traffic. The applications have been sent to Minnesota Department of Transportation (MNDOT), as the
development abuts the Keats Ave N to WB I-94 ramp, and Washington County, as the County has indicated
a study will be done on the Keats Ave N and Hudson Blvd N intersection, to which this project is near. No
comment has yet been received by either of these entities.
Comprehensive Plan. The property is guided for and zoned Commercial. The proposed development is
commercial in nature. Commercial development is guided for 4.5-7 residential equivalency units (REU)
per acre. Because the development is within the beginning stages, the Met Council has not yet made a
determination for WAC/SAC Charges. However, the following outlines REU information for the proposed
uses within the development:
Restaurant
Fixed Seating (actual number of seats) 10 seats 1
Non-Fixed Seating (the greater of the square feet of dining area @ 15 square
feet/seat or number of seats shown on the plan) 10 seats 1
Outdoor patios and sidewalk seating are counted same as inside seating.
(See Section 5.2.1.7.1 for discount) - -
Drive-in (See Section 5.2.1.7 for discount) 9 parking 1
Take-out (no seating) 3,000 square
feet 1
Outpatient clinic *17 fixture
units
1
Sterilizer (4 hours x gallons per minute x 60 minutes) 274 gallons 1
X-ray film processor (4 hours x gallons per minute x 60 minutes) 274 gallons 1
Retail Store (deduct mechanical rooms, elevator shafts, stairwells, escalators,
restrooms and unfinished storage areas) (for remainder use other criteria) (i.e. Gas
Pumping)
3,000 square
feet
1
Shower (if lockers are included use Locker Room criteria) *17 fixture
units
1
PUD Density Flexibility. The City’s PUD flexibility allows for an increased density of up to 20%. Density
increase may be allowed according to Table 16-2 of Section 154.754: Density of the Planned Unit
Development Article. The applicant has not requested increased density.
Park Dedication/Parks and Trails. The parkland dedication requirement for the proposed commercial
development is presently $4,500 per acre in lieu of dedicated land. The proposed development area is 3.82
acres in size, and so the required parkland dedication based on the present fee schedule would total $17,190.
The Parks Commission will review the proposed development at the March 20, 2017 meeting.
Planning Commission Report Public Hearing Item #4a
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Page 13
PUD Agreement. A PUD agreement that clearly articulates permitted and conditional uses, placement of
structures, development intensity, density, setbacks, building requirements, lot requirements, signage, or
other elements of the plan that deviate from the Commercial Zoning District standards will be executed if
the PUD is approved. The PUD Agreement will provide the development regulations that prevail for the
site. Those items not addressed by the PUD Agreement will default to the underlying Commercial Zoning
standards.
RECOMMMENDED FINDINGS:
Staff is recommending that the Planning Commission consider the following findings with regards to the
proposed Lakewood Crossing 2nd Addition Concept PUD Plan:
1. That the Applicant has submitted all application requirements outlined in Section 154.759:
Application Requirements for General PUD Concept Plan.
2. That the Lakewood Crossing 2nd Addition Concept PUD Plan is generally consistent with the
Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
3. That the Lakewood Crossing 2nd Addition Concept PUD Plan meets at least one or more of the
objectives outlined in Section 154.751 of the Zoning Code.
4. That the Lakewood Crossing 2nd Addition Concept PUD Plan will not conflict with nearby land
uses.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff recommends that the Planning Commission recommend approval of the Preliminary Plat and
Concept PUD Plans with the following conditions:
1. The Applicant shall address all of the comments outlined in the City Engineer memorandum
dated March 8, 2017.
2. The Applicant shall obtain all necessary permits including but not limited to all applicable city
permits (building, grading, sign, etc.), NPDES/SWPPP permits, Valley Branch Watershed
District approval, and review by the MPCA if infiltration practices will be allowed.
3. The Applicant shall be required to extend sanitary sewer and municipal water service to the
westerly adjacent property.
4. Stormwater facilities shall be privately owned and maintained. A maintenance agreement in a
form acceptable to the City should be executed and recorded.
5. The Applicant shall amend the proposed Landscape Plan to comply with City standards and
obtain approval by the City’s Landscape Architect.
6. The Applicant shall provide financial security for 125% of landscaping materials.
7. The Applicant shall submit a Comprehensive Sign Plan and narrative detailing what sort of
flexibility is being proposed and for what reason and obtain approval from the Planning Director.
8. The Applicant shall detail the uses of each building and provide necessary information for the
Planning Director to review and approve that the City’s Off-Street Parking requirements have
been met.
9. The Applicant shall provide open space calculations and shall meet the 20% open space
calculation requirement.
Planning Commission Report Public Hearing Item #4a
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Page 14
a. Note: Alternatively, the Planning Commission may wish to recommend that this
requirement be waived, as they may see that another amenity has been provided.
10. The Applicant shall detail the location of the drive-thru elements and outdoor dining facility to
ensure standards for such uses have been met.
11. The Applicant shall submit a photometric plan, and all lighting must meet requirements of
Sections 150.035-150.038 of the City Code.
12. The Applicant shall submit a plan and obtain approval from the Building Official and Fire Chief
for the location of hydrants and No Parking and Fire Lane signs.
13. The Applicant shall work to include PID# 34.292.1440004 (Ebertz property) as part of the
Preliminary Plat and PUD Plans or work with the owner of this property to provide shared access.
14. Any new permitted access to the development, full left and right turn lanes should be constructed.
15. The City shall further evaluate shoulder widening/improvements as part of the development.
16. The Applicant shall include in the application narrative why an off-street loading area is not
required, to be reviewed by the Planning Commission and approved by Council.
17. Upon the sale or transfer of ownership of any of the parcels, a deed restriction that guarantees
access to the parking for both uses must be submitted.
18. Mechanical rooftop equipment must be screened.
FISCAL IMPACT:
The development of this currently vacant site will create three thriving, taxable parcels.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the Lakewood Crossing 2nd
Addition PUD Concept Plan with the 18 conditions of approval as listed in the Staff report. Suggested
motion:
“Move to recommend approval of the Lakewood Crossing 2nd Addition PUD Concept Plan with the 18
conditions of approval as drafted by Staff based on the findings of fact listed in the Staff Report.”
ATTACHMENTS:
1. Concept PUD and Preliminary Plat application.
2. Engineering Review Memo dated March 8, 2017.
Written Statements:
The following are answers to Questions 2a thru 2m on the Preliminary Plat Application
form:
a. Record Owner Engineer / Surveyor
CM Properties 94, L.P. Carlson McCain, Inc.
3460 Washington Drive, Suite 100 3890 Pheasant Ridge Drive NE, Suite 100
Eagan, MN 55122 Blaine, MN 55449
Attn: Bruce Miller Attn: Joe Radach, PE
(651) 452-3303 (763) 489-7912
Architect
Architectural Consortium, LLC
901 No. Third Street, Suite 220
Minneapolis, MN 55401
Attn: Kathy Anderson
(612) 436-4030
b. The property has an unassigned address but is currently legally described as Outlot
A, Lakewood Crossing, according to the recorded plat thereof, Washington County,
MN.
PID #34.029.21.44.0015
Zoning – Commercial
Parcel Size – 3.82 Acres / 166,449 Sq.Ft.
c. Subdivision Name: Lakewood Crossing
Number of Lots: Three (3)
d. N/A
e. The intent of this 3 lot, 3 building project is to create a successful retail project
providing a warm and inviting place for residents in the area to shop and dine. Our
goal is to have a quality, sit down, full service restaurant on the east side of the
project including a large patio to accommodate outside seating for restaurant
patrons. In addition to a sit down restaurant, we are targeting fast casual
restaurants with drive thru, coffee with drive thru, a hair salon, dry cleaner,
chiropractor, bank or credit union with drive thru and other similar services and
retail businesses. Our intention is to build the project in three (3) phases with the
initial plan to construct at 14,700 square foot retail building and follow up with a
10,120 square foot and 3,192 square foot building as the market dictates. Our firm
has owned this property for over 45 years and we intend to continue to own it for
years to come. Our intention is to build something both we and the City can be
proud of and that meets what the market is looking for and stands the test of time
architecturally.
f. N/A
Written Statements
Page 2
g. The property is currently served with municipal sewer and water. No phasing is
required for infrastructure improvements.
h. There are only 3 non-related, non-public property owners within 350’ and they are
also excited about the prospect of additional development occurring on this corner.
This development will have positive impact on property values in this area by
providing much needed retail and service businesses.
i. This development should not conflict with nearby land uses. As a matter of fact, it is
our intent to get tenants who enhance our neighbors property values and provide
goods and services to the residential areas in and around this intersection.
j. In the grand scheme of development occurring in Lake Elmo, this project is
relatively minor in terms of city services required and will not create a burden on
the City. As a matter of fact, commercial tax rates are significantly higher than
residential and therefore this project will only help the budgets of the City,
County and School District.
k. N/A
l. As this is a small commercial development, we are intending on providing a park
dedication fee in lieu of dedication which the City will be able to utilize to enhance
its overall parks / open space plan.
m. Our intention is to commence construction in May or June with the first phase
14,300 square foot building to be complete in later October / early November. The
Phase II and Phase III building will be constructed as the market dictates.
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STAFF REPORT
DATE: 3/21/2017
REGULAR
ITEM #: 21
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Lakewood Crossing 2nd Addition General Planned Unit Development
Concept Plan
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
CM Properties 94, LP has submitted an application to the City for a Planned Unit Development (PUD)
Concept Plan for Outlot A of Lakewood Crossing 1st Addition. The proposal is being submitted for
conceptual review before the applicant submits a Preliminary Plat and PUD Preliminary Plan application
to subdivide the existing 3.82 acre parcel in to three separate parcels. These parcels will include a full
service restaurant with outdoor patio; quick service restaurants with drive-thrus; and other retail activities.
Approval of the PUD Concept Plan alone does not afford the developer/applicant any rights.
ISSUE BEFORE COUNCIL:
The Council is being asked to consider a request for a Planned Unit Development (PUD) Concept Plan for
Lakewood Crossing 2nd Addition.
PROPOSAL DETAILS/ANALYSIS:
The Planning Commission held a public hearing, reviewed, and provided recommendation on the proposed
PUD Concept Plan at its meeting on March 13, 2017. No public testimony was given during the public
hearing, nor was any submitted to Staff prior to the meeting. The following provides a summary of
comments received during that meeting upon review of the subject PUD Concept Plan.
PUD Flexibility Requests. The Applicant will need to more clearly outline what sort of PUD flexibility is
being requested. The Applicant had communicated during the meeting that the subdivision of the parcels
would allow the Applicant to bring in up to 15-18 different businesses to the parcel as opposed to one big-
box retailer. The application indicates that the Applicant is only requesting flexibility from wall sign
requirements and zero lot lines. Upon review of the application of its adherence to the Zoning Code, Staff
and the Planning Commission have determined that flexibility from the following City standards will be
required. Comments from the Planning Commission regarding these flexibilities are also outlined:
• Lot width. Because of the irregular size of the parcel to be subdivided, lot width of one lot of the
proposed plan does not meet City standards.
• Impervious surface requirements of one lot. The average impervious surface percentage of the three
lots combined meet City standards (maximum of 75% impervious surface), but one of the lots does
not meet this requirement.
• Signs. The Applicant has stated in the Concept PUD application that wall signage flexibility is
being requested but has not provided further detail. The Applicant indicated during the meeting
that perhaps they will request 1.5 feet of wall sign square footage per lineal foot measurement of
the building as opposed to the permitted 1 square foot per lineal foot of the building. The Applicant
City Council 3/21/2017 Item #21
Page 2
will need to submit a Comprehensive Sign Plan to be approved. The Commission requested
marketing data on why the increased square footage was necessary.
• Drive-thru as a permitted, rather than conditional use. The Applicant has requested that through
the PUD process, drive-ways be a permitted, rather than conditional use as designated in the Zoning
Code. The Commission does not recommend this be allowed as a permitted use in order for the
City to have more control over the placement, number and screening of the drive-thrus.
o Drive-thru placement. The Commission also had concern about traffic control with
proposed placements of drive-thrus. Specifically, the northerly-most drive-thru exits in to
the parking lot rather than providing egress. There was also concern about the number of
drive-thrus, turning radiuses, and traffic control with the number of drive-thrus being
proposed.
• Outdoor Dining as a permitted, rather than conditional use. The Applicant clarified during the
meeting that the outdoor seating was being proposed on Lot 3 and that it will be enhanced by
plantings, etc. The Commission did not specifically state that there was issue with allowing outdoor
dining as a permitted use, but there was concern about where it would be located and if parking lot
traffic would interfere.
• 20% Open Space Requirement for PUDs. The City’s PUD Ordinance requires that PUD submittals
provide at least 20% preserved and protected open space. Other public or site amenities may be
approved as an alternative to this requirement. The Planning Commission recommends that the
Applicant more clearly outline what public or site amenity is being proposed as an alternative to
the open space requirement. The Applicant stated during the public hearing that upgraded
architectural features are being proposed and that the development will provide additional tax base
and also that 20% open space may not make sense for such a development, as the open space would
be taking away tax base.
• Access Management. City standards require that access on Hudson Blvd be limited to spacing of
660 feet. The proposed plan has an access only 250 feet from the Kwik Trip’s existing access
(which the proposed development will share). Staff and the Planning Commission recommend that
the Applicant work with the property to the west of the proposed development (PID#
34.292.144.0004 – Ebertz property) to provide shared access. They also wanted to possibly see a
better explanation of how site circulation could possibly work with one access.
• Parking requirements. More information is needed as to whether or not the applicant will need to
provide additional parking or if it will be a requested PUD flexibility. The use of each of the
buildings has not yet been defined, and so Staff cannot determine if these requirements have been
met. Currently, the plan proposes 6.6 spaces per 1000 square feet. The Applicant does not yet know
who will be the tenants within the proposed development but will try and have a more definite plan
to provide for the Preliminary PUD Plans and is confident that there will be adequate parking
provided. He also asserted that adequate parking was in the best interest of himself as the developer
and the tenants of the proposed development.
Other Comments. The Planning Commission provided the following additional comments on the proposed
PUD:
• Drainage. There was also concern about drainage, but at this point, the proposal has not been
reviewed in detail, as the plan is at a concept phase.
• Landscaping. The proposed PUD Concept Plan does not meet a number of City Landscape
Requirements including landscaping of setback areas and perimeter parking lot landscaping. The
landscape plans will need to be amended to comply with City standards and approved by the City’s
Landscape Architect. Additionally, the Commission had requested that there be more landscape
islands within the parking lot.
City Council 3/21/2017 Item #21
Page 3
Recommended Conditions of Approval. The attached Resolution 2017-020 outlines the recommended
conditions of approval by Staff as amended by the Planning Commission. The Planning Commission
recommended the following changes to Staff-recommended conditions:
• 9. The Applicant shall provide open space calculations and shall meet the 20% open space
calculation requirement. clearly propose what public or site amenity is being proposed as an
alternative to the City’s 20% open space requirement for a PUD and obtain approval from
Council that the proposed public or site amenity is an acceptable alternative.
• 17. Upon the sale or transfer of ownership of any of the parcels, a A deed restriction that
guarantees access to the parking for all both uses must be submitted.
• 19. The Applicant shall provide an analysis of the drive-thru traffic volume, including any
impact on parking areas, overall development, and secondary access for review and approval
by Council.
Recommendation. The Planning Commission voted to recommend approval of the Lakewood Crossing
2nd Addition PUD Concept Plan with the 19 conditions of approval as drafted by Staff and amended by
the Planning Commission, based on findings of fact listed in the Staff Report, with an affirmative votes if
7-0.
FISCAL IMPACT:
The development of this currently vacant site will create three commercial parcels.
RECOMMENDATION:
Staff and the Planning Commission recommend that the Council approve the Lakewood Crossing 2nd
Addition PUD Concept Plan with the recommended 19 conditions of approval as listed in Resolution
2017-020:
“Move to adopt Resolution 2017-020, approving the Lakewood Crossing 2nd Addition PUD Concept
Plan with 19 conditions of approval.”
ATTACHMENTS:
1. Planning Commission Report dated 3/13/2017.
2. Resolution 2017-020
3. Planning Commission meeting minutes 3/13/2017.
CITY OF LAKE ELMO
RESOLUTION NO. 2017-020
A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR
LAKEWOOD CROSSING 2ND ADDITION
WHEREAS, CM Properties 94, LP c/o MFL Properties Corp., 3460 Washington Dr.,
Ste 100, Eagan, MN 55112, (“Applicant”) has submitted an application to the City of Lake Elmo
(“City”) for a General Planned Unit Development (PUD) Concept Plan, a copy of which is on
file in the Lake Elmo Planning Department; and
WHEREAS, the proposed PUD Concept Plan is to allow the commercial development of
a 3.82 parcel to be called Lakewood Crossing 2nd Addition that will be located within the area
north of I-94 and south of 10th Street N, and will incorporate exceptions from the City’s Zoning
Regulations as noted below; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on March 13,
2017 to consider the PUD Concept Plan; and
WHEREAS, on March 13, 2017 the Lake Elmo Planning Commission adopted a motion
to recommend that the City Council approve the PUD Concept Plan with conditions; and
WHEREAS, the Lake Elmo Planning Commission submitted its report and
recommendation to the City Council as part of a memorandum from the Planning Department
dated March 13, 2017; and
WHEREAS, the City Council reviewed the recommendation of the Planning
Commission concerning the PUD Concept Plan at its regular meeting on March 21, 2017.
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1) That the procedure for obtaining approval of said PUD Concept Plan is found in the Lake
Elmo City Code, Article XVIII.
2) That all the requirements of said City Code Article XVIII related to the PUD Concept
Plan have been met by the Applicant.
3) That the proposed PUD Concept Plan would allow the development of three commercial
parcels of 3.82 acres and would allow for platting of Outlot A of Lakewood Crossing 1st
Addition.
4) That the PUD Concept Plan would be located on property legally described as Outlot A
of Lakewood Crossing 1st Addition.
5) That the Applicant shall specifically outline which exceptions from the underlying C-
Commercial Zoning District requirements are being proposed in the PUD Concept Plan.
The following have been preliminarily identified:
a) The smallest street frontage of 23.4 feet.
b) Maximum impervious surface of 80% for Lot 2.
c) Comprehensive Sign Plan allowing additional wall signage if justified by the
Applicant and approved by Council.
d) Drive-thru number and placement, if further analyzed and approved by Council.
e) Outdoor dining as a permitted use, if further analyzed and approved by Council.
f) Waiver of 20% open space requirement, if Council determines that an alternative
public or site amenity is being proposed.
g) Alternative to access spacing requirement of 660 feet on Hudson Blvd., provided the
Applicant works with the westerly property to provide shared access.
h) Minimum parking requirements, if further analyzed and approved by Council.
6) That the proposed General Concept Plan for a PUD:
a) Is consistent with the goals, objectives, and policies of the Comprehensive Plan and
that the uses proposed are consistent with the C-Commercial land use designation
shown for the area on the official Comprehensive Land Use Plan.
b) Is generally consistent with the purpose of Article XVIII of the City Code.
c) Generally complies with the development standards of Article XVIII of the City
Code.
7) That the proposed PUD will allow a more flexible, creative, and efficient approach to the
use of the land than if the applicant was required to conform to the standards of the
existing zoning districts on this property.
8) That the uses proposed in the PUD will not have an adverse impact on the reasonable
enjoyment of neighboring property and will not be detrimental to potential surrounding
uses.
9) That the PUD is of sufficient size, composition, and arrangement that construction,
marketing, and operation are feasible as a complete unit, and that provision and
construction of dwelling units and open space are balanced and coordinated.
10) That the PUD will not create an excessive burden on parks, schools, streets, and other
public facilities and utilities, which serve or are proposed to serve the development.
11) That the PUD is designed in such a manner as to form a desirable and unified
environment within its own boundaries.
CONCLUSIONS AND DECISION
1. Based on the foregoing, the Applicant’s PUD Concept Plan for the development of a 3 parcel
commercial subdivision to be called Lakewood Crossing 2nd Addition is hereby approved,
subject to the following:
1. The Applicant shall address all of the comments outlined in the City Engineer
memorandum dated March 8, 2017.
2. The Applicant shall obtain all necessary permits including but not limited to all
applicable city permits (building, grading, sign, etc.), NPDES/SWPPP permits, Valley
Branch Watershed District approval, and review by the MPCA if infiltration practices
will be allowed.
3. The Applicant shall be required to extend sanitary sewer and municipal water service to
the westerly adjacent property.
4. Stormwater facilities shall be privately owned and maintained. A maintenance agreement
in a form acceptable to the City should be executed and recorded.
5. The Applicant shall amend the proposed Landscape Plan to comply with City standards
and obtain approval by the City’s Landscape Architect.
6. The Applicant shall provide financial security for 125% of landscaping materials.
7. The Applicant shall submit a Comprehensive Sign Plan and narrative detailing what sort
of flexibility is being proposed and for what reason and obtain approval from the
Planning Director.
8. The Applicant shall detail the uses of each building and provide necessary information
for the Planning Director to review and approve that the City’s Off-Street Parking
requirements have been met.
9. The Applicant shall clearly propose what public or site amenity is being proposed as an
alternative to the City’s 20% open space requirement for a PUD and obtain approval from
Council that the proposed public or site amenity is an acceptable alternative.
10. The Applicant shall detail the location of the drive-thru elements and outdoor dining
facility to ensure standards for such uses have been met.
11. The Applicant shall submit a photometric plan, and all lighting must meet requirements
of Sections 150.035-150.038 of the City Code.
12. The Applicant shall submit a plan and obtain approval from the Building Official and
Fire Chief for the location of hydrants and No Parking and Fire Lane signs.
13. The Applicant shall work to include PID# 34.292.1440004 (Ebertz property) as part of
the Preliminary Plat and PUD Plans or work with the owner of this property to provide
shared access.
14. Full left and right turn lanes should be constructed for any new permitted access to the
development.
15. The City shall further evaluate shoulder widening/improvements as part of the
development.
16. The Applicant shall include in the application narrative why an off-street loading area is
not required, to be reviewed by the Planning Commission and approved by Council.
17. A deed restriction that guarantees access to the parking for all uses shall be submitted.
18. Mechanical rooftop equipment must be screened.
19. The Applicant shall provide an analysis of the drive-thru traffic volume, including any
impact on parking areas, overall development, and secondary access for review and
approval by Council.
Passed and duly adopted this 21st day of March 2017 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: 3/13/2017
REGULAR
ITEM #: 4a
MOTION
TO: Planning Commission
FROM: Emily Becker, City Planner
AGENDA ITEM: Lakewood Crossing 2nd Addition General Planned Unit Development
Concept Plan
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
CM Properties 94, LP has submitted an application to the City for a Planned Unit Development (PUD)
Concept Plan for Outlot A of Lakewood Crossing 1st Addition. The proposal is being submitted for
conceptual review before the applicant submits a Preliminary Plat and PUD Preliminary Plan application
to subdivide the existing 3.82 acre parcel in to three separate parcels. These parcels will include a full
service restaurant with outdoor patio; quick service restaurants with drive-thrus; and other retail activities.
Applicant and
Property Owner:
CM Properties 94, LP c/o MFL Properties Corp., 3460 Washington Dr., Ste 100
Eagan, MN 55122
Location: Southwest of Kwik Trip Gas Station (9955 Hudson Blvd N), PID#
3402921440015
Existing Land Use
and Zoning:
Vacant land, Commercial (C)
Comprehensive
Plan:
Commercial
History: The property has been under the ownership of CM Properties 94, LP for over 45
years, and it is the intent that this company will continue to own the property for
years to come.
Deadline for
Action:
Application Complete: 2/21/2017
60 Day Deadline: 4/22/2017
Extension Letter Mailed: N/A
120 Day Deadline: N/A
Applicable
Regulations:
Article XVI – Planned Unit Developments
Article XII – Commercial Districts
Chapter 153: Subdivision Regulations
ISSUE BEFORE COMMISSION:
The Commission should review the proposed PUD Concept Plan, provide feedback, and make a
recommendation to Council.
PROPOSAL DETAILS/ANALYSIS:
PUD Process. The applicant has submitted an application for PUD Concept Plan. A PUD Concept Plan is
intended to provide the applicant with an opportunity to gather information and obtain guidance as to the
general suitability of the proposal before incurring substantial expenses in the preparation of plans, surveys
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 2
and other data. Approval of the PUD Concept Plan alone does not afford the developer/applicant any rights.
The plan should include the following: overall density ranges, general location of residential and
nonresidential uses, their types and intensities, general location of streets, paths, and open space, and
approximate phasing of the development.
Identified PUD Objectives. The PUD process is appropriate for the proposed development to allow
flexibility in the location, design, and mix of commercial uses on a single large site. The City should
consider whether one or more of the objectives listed in Section 154.751 are met when reviewing requests
for approval of planned unit developments. It is Staff’s beliefs that the following objectives listed in the
aforementioned Section are met:
A. Innovation in land development techniques that may be more suitable for a given parcel than
conventional approaches.
Staff Comment: The parcel is an irregularly-shaped parcel and so meeting all of the lot dimension
requirements of the Commercial zoning district could be interpreted as a hardship. Therefore, the
proposed approach would be more suitable for this parcel than the conventional approach.
F. Coordination of architectural styles and building forms to achieve greater compatibility within the
development and surrounding land uses.
Staff Comment: The development will include additional retail and service businesses which will
supplement the gas station.
Minimum Requirements. The City’s PUD ordinance sets forth the following minimum requirements for
a PUD:
x Lot Area. The City’s current Planned Unit Development ordinance sets forth minimum
requirements for lot area in which a PUD is proposed of 5 acres for undeveloped land or 2 acres
for developed land within the approved development.
o The proposed PUD is 3.82 acres.
o The proposed PUD is an outlot of an approved Preliminary Plat.
x Open Space. For all PUDs, at least 20% of the project area not within the street rights-of-way
shall be preserved as protected open space. Other public or site amenities may be approved as an
alternative to this requirement. Land reserved for storm water detention facilities and other
required site improvements may be applied to this requirement.
o The applicant has not provided open space calculations, and so it is a condition of
approval that the applicant provide this. The Commission shall consider if the proposal
provides other public or site amenities that may be approved as an alternative to this
requirement.
x Street Layout. The Applicant is not proposing additional public streets, and so this requirement
does not apply.
Permitted and Conditional Uses. The proposed development will include a full service restaurant with
outdoor patio; quick service restaurants with drive-thrus; chiropractic care, and other retail activities.
Medical facilities (chiropractic care) and drive-thru facilities are conditional uses within the Commercial
zoning district. The following table shows permitted and conditional uses within the Commercial zoning
district as well as the standards to which these uses must adhere.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 3
x Conditional Use to Permitted Use. Because the applicant is proposing a Planned Unit
Development, the applicant is requesting that these uses become permitted uses within this
development, and so separate applications for Conditional Use Permits would not be required.
x Standards. Standards for a medical facility are met. Because the applicant has not provided the
locations of the drive-thru elements or outdoor dining area at this time, it is difficult to determine
if standards for these accessory uses have been met. Staff recommends that a condition of
approval be that the applicant provide these details, and that they comply with these standards.
Standard Required Proposed
Sec. 154.551: Permitted and Conditional Uses
Medical
facilities
Conditional Permitted (Chiropractic care)
Drive-thru
facility
Conditional accessory use Permitted accessory use
Outdoor
Dining Area
Conditional accessory use Permitted accessory use
Financial
Institution
Permitted Permitted
Standard
restaurant
Permitted Permitted
Fast-food
restaurant
Permitted Permitted
Personal
Services
Permitted Permitted
General retail
sales
Permitted Permitted
Sec. 154.304: Standards for Food Services
Restaurant
with Drive-
Thru
1. Drive-through elements shall not be
located between the front façade of
the principal building and the street.
No service shall be rendered,
deliveries made or sales conducted
within the required front yard,
although tables may be provided for
customer use.
2. Site design shall accommodate a
logical and safe vehicle and pedestrian
circulation pattern. Adequate queuing
lane space shall be provided, without
interfering with on-site
parking/circulation.
3. Drive-through canopies and other
structures, where present, shall be
constructed from the same materials
as the primary building, and with a
similar level of architectural quality
and detailing.
1. The drive-through elements are not
outlined. One of the elements appears to
be in front yard of Lot 3.
2. This is hard to determine without
knowing exact locations of speakers and
service windows.
3. Canopy detail and other structure detail
not provided.
4. Unable to determine.
5. Information not provided.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 4
4. Sound from any speakers used on
the premises shall not be audible
above a level of normal conversation
at the boundary of any surrounding
residential district or on any
residential property.
5. Each food or beverage drive-
through business shall place refuse
receptacles at all exits.
Sec. 154.303: Standards for Services
Medical
Facilities
Access to arterial or collector street of
sufficient capacity to accommodate
the traffic that the use will generate.
Two access points shall be provided.
Two access points are provided off of
Hudson Blvd.
Sec. 154.554: Development Standards for Specific Uses
Outdoor
Dining
Accessory to
Food Services
Tables cannot block a public sidewalk
or other walkway needed for pedestrian
circulation. Minimum of 5 ft. of
sidewalk must remain open.
The applicant has not indicated on the site
plan where the outdoor dining area will be
located. It is a condition of approval that
the applicant supply the City with this
information and that it adhere to this
standard.
Lot Dimensions and Bulk Requirements. Largely, the proposed development meets lot dimension and
bulk requirement standards. Flexibility is being requested on:
x Lot width minimum. The parcel that is being developed is a uniquely-shaped parcel, and so the
manner in which the parcel is being subdivided is unique.
x Impervious surface for Lot 2. The overall impervious surface of the three parcels averages 75%,
which meets the Commercial zoning district’s maximum impervious surface requirement . Lot 2
individually, however, exceeds this maximum requirement.
x Parking setback on Lot 1. The parking lot will cover all three lots, so there is a 0 ft. setback between
the three newly-created parcels. Also, the parking lot is connected to a through lane on the east side
of the property with an 8.7 ft. setback. Setbacks from the south and west of the parcel are met.
Standard Required Proposed
Sec. 154.552: Lot Dimensions and Building Bulk Requirements
Lot Width
Minimum
100 ft, Generally these are met, however, Lot 2
forms a sort of flag lot (not significant) that
is 22.3 ft. wide along Hudson Blvd. There
will be shared access with Lot 3. Flag lots
are not prohibited in the Zoning Code in
the Commercial District.
Impervious
Surface
Maximum
75% Lot 1: 74%
Lot 2: 80%
Lot 3: 67%
Parking
Setback
Front yard: 15
Interior side yard: 10
Corner side yard: 15
8.7 ft.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 5
Rear yard: 10
Residential zones: 35
Lot Area
Minimum
0.459 acres Lot 1: 1.83 acres
Lot 2: 1.23 acres
Lot 3: 0.76 acres
Lot Depth
Minimum
None Lot 1: Approx. 255 ft.
Lot 2: 286.06 ft.
Lot 3: 179.78 ft.
Building
Setback
Minimum
Front yard: 30
Interior side yard: 10
Corner side yard: 25
Rear yard: 30
Residential zones
All building setback requirements are met.
Building
Height
45 ft. The applicant will need to detail all
proposed building heights in order to
ensure this standard is met.
Maximum
Building Floor
Size
None Lot 1: 14,300 sf
Lot 2: 10,120 sf
Lot 3: 3,192 sf
Driveway Standards. Flexibility is being requested for the following on driveway standards:
x Distance from driveway to side lot line. Lot 3 will share a driveway access with Kwik Trip, to the
east of the property, and so will not meet this standard with a 0 ft. setback.
x Curb cut. The curb cut has a much wider approach (50 ft.) than the width of the driveway.
Standard Required Proposed
Sec. 93.26: Driveway Standards
Distance from
driveways to
side lot line.
A driveway must be at least 5 ft. from
any side lot line.
0 ft. setback.
Curb cut. A curb cut must not exceed the width of
the driveway approach at the property
line by more than 10 feet.
Driveway: 24’
Curb Cut: Looks to be 74’
Commercial District Design Standards. Because the proposed development is located within the I-94
corridor and is a commercial development, the City of Lake Elmo Design Guidelines and Standards Manual
apply. The following table details significant design standards set forth by this Manual and whether or not
the proposal meets these standards. Much of the language within this Manual is advisory rather than
mandatory. The Commission should consider whether or not flexibility should be allowed from the
following standards:
x Orientation of buildings. The unique shape of the parcel that is being developed resulted in a unique
shape of Lot 3. As a result, the building is oriented according to the shape of the parcel and to
accommodate better traffic circulation and proximity to the parking lot.
x Landscaped open or gathering spaces. Being that this a small commercial development located in
close proximity to the highway that will likely serve quick visits, Staff does not feel it necessary to
provide this open space. An outdoor dining area is being proposed, and the restaurants will likely
provide adequate seating for guests.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 6
x Sidewalks. No sidewalk is provided along Hudson Blvd. However, there are no other sidewalks
along Hudson Blvd. to which it could connect. There is an on-road bike lane on Hudson Blvd that
will accommodate bikers.
x Streetscape Lighting. No lighting is provided along Hudson Blvd. Lighting is provided within the
interior of the parking lot.
x Fencing of Outdoor Dining Areas. The applicant has not indicated on the site plan where the
outdoor dining plan will be located.
x Site furnishings. The Commission may wish to recommend that the applicant include these in the
site plan.
x Parking. The plan provides minimal exterior parking lot landscaping and screening. Additionally,
the parking lot is located in the front of two of the buildings and exceeds 60% of the street frontage.
Standard Required Proposed
Sec. 154.555 Commercial District Design Standards
Subject to design review for conformance with the Lake Elmo Design Guidelines and Standards
Manual.
Orientation of
buildings
Buildings should be oriented front or
parallel to the street they front,
promoting continuity of design.
The building on Lot 3 is oriented at an
angle to Hudson Blvd.
Landscaped
Open or
Gathering
Spaces
Encouraged within commercial
developments.
No open space or gathering areas.
Sidewalks Sidewalks are required along primary
street frontages, unless a suitable
alternative that promotes pedestrian
access to the building from the public
street shall be provided.
There is no sidewalk provided along
Hudson Blvd.
Lighting Ornamental or bollard lighting is
encouraged to increase safety, as well
as add visual interest
Lighting is not proposed along Hudson
Blvd.
Street Trees Shall be installed at regular intervals
along the public right-of-way.
As indicated in the landscape comments,
this is not provided.
Site
Furnishings
Such as decorative fencing, trash
receptacles, planters, bicycle racks, and
benches are recommended – design
elements from Branding & Theming
Study encouraged.
The applicant has not included these items
in the site plan.
Parking Linear measurement of surface parking
areas parallel to the public street are
encouraged to not exceed more than
60% of primary street frontages. If this
cannot be met, berms and/or additional
landscaping along areas of surface
Surface parking exceeds 60% of the
primary street frontage, and there is
minimal landscaping proposed.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 7
parking adjacent primary street frontage
are encouraged.
Parking Lot
Landscaping
Parking areas should be screened from
view of public streets by means of
grading and/or landscaping. Parking
areas should be screened from adjacent
structures with landscaping strips not
exceeding 4 ft in height in order to
ensure pedestrian safety. Landscaped
islands should be installed within
surface parking areas to break up
continuous hardscape and reduce
concentration of impervious surface.
There is minimal landscaping provided
along streets and between adjacent
structure. Landscaped islands are
provided.
Structure
Parking
Structure parking is encouraged and
should be located behind or beneath
primary buildings when possible.
No structure parking is proposed.
Service,
Storage and
Utility Areas
Should located out of view of ROW or
screened. Not allowed in setback areas.
Location should be clearly marked.
The applicant has indicated the location of
the trash room/enclosure and it is not
located in the setback area.
Building Form
and Façade
Blank façades discouraged. Significant
amount of transparent glass. Minimize
continuous expanses of walls.
The proposal includes canvas awnings,
cornices, and a significant amount of
windows.
Building
Materials
High quality, durable materials. Brick,
finished wood, stone, cast stone, pre-
cast concrete panels. High quality
synthetic materials, if approved by the
City, are allowed. Colors of subtle earth
tones.
The building materials consist of standing
seam metal roof, metal canopy, cultured
stone, face brick, and canvas awning.
Colors not indicated.
Scale and
Mass
Builds broken down into smaller parts
to avoid monotony and continuity.
Multiple roof and ridgelines.
Proposal employs varying roof heights
and is broken down in to different
building materials.
Roof Design Roof design consistent with overall
architecture or design. Parapets of
varying heights required. Rooftop
equipment screened.
Varying parapet roofs. It is a
recommended condition of approval that
rooftop equipment be screened.
Entries Accessible for pedestrians.
Architectural features incorporated.
Canopies, awnings, other sheltering
encouraged.
Accessible from the parking lot. Canopies
proposed.
General Site Design Considerations. The following table indicates how the proposed PUD meets the
general site design considerations of Commercial Districts of the Zoning Code.
Standard Required Proposed
Sec. 154.553: General Site Design Considerations
Circulation Internal connections shall be provided
between parking areas on adjacent
properties whenever feasible
Driveway access is shared between Lot 2
and Lot 3. It is a recommended condition of
approval that the applicant either include the
property to the west of the subject property
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 8
in the PUD plans and plat or that shared
access be provided.
Fencing
and
Screening
Fencing and screening walls visible from
the public ROW shall be constructed of
materials compatible with the principal
structure.
No fencing or screening walls proposed.
Lighting
Design
Lighting shall be integrated into the
exterior design of new or renovated
structures to create a greater sense of
activity, security and interest to the
pedestrian. All lighting shall be installed
in conformance to 150.035-150.038
A utility plan provided light pole locations
has been provided, but no photometric plan.
It is a condition of approval that the
applicant shall submit a photometric plan
and comply with Sections 150.035-150.038
of the City Code.
Exterior
Storage
Must be screened from view. None proposed.
Landscape Requirements. The following table outlines how the proposed Landscape Plan does not meet
the certain standards of the Zoning Code. It is a recommended condition of approval that these requirements
be met.
Standard Required Proposed
Sec 154.258: Landscape Requirements
Landscape of
Setback Areas
1. Minimum of 1 tree shall be planted
every 50’ of street frontage.
a. Trees adjacent to streets shall be
plated in the front yard and may be
arranged in a cluster or placed at
regular intervals to best
complement existing landscape
design patterns in the area.
2. Additionally, a minimum of 5 trees
shall be planted for every one acre of
land developed. Such trees may be
used for parking lot landscaping or
screening.
1. No trees are proposed along the east side
of the property abutting Keats Ave N to
WB I-94 W ramp.
2. Additionally, the trees are not planted
every 50 ft. There is only one Autumn
Blaze Maple along Hudson Blvd.
3. 3.82 acres of land is being disturbed, and
therefore 19.1 trees are to be planted. 19
trees are provided for this purpose.
Design Cons-
iderations
No more than 50% of the required
number of trees and shrubs may consist
of any one species. Minimum of 25%
shall be deciduous shade trees and
minimum of 25% coniferous trees.
There are 93 sumac proposed of the 159
trees and shrubs, which is over 50% of the
total number of trees and shrubs.
7 of 25 required trees (though more may be
required if additional trees along the ramp
are required) are coniferous (Greenspire
Linden). Provided the required number of
trees have been provided, this requirement
would be met.
There are 2 ‘D’s on the landscape plan.
This will be need to be corrected. Unable
to determine where the Greenspire Linden
and Thornless Hawthorn will go.
Minimum Size
Standards for
Evergreen: 6’ in height
Deciduous 2.5 inches caliper
Evergreen (Greenspire Linden) 2.5” caliper
(should be 6’ in ht.)
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 9
Landscape
Materials
Deciduous ornamental: 3 inches caliper Deciduous shade trees (Autumn Blaze
Maple, Quaking Aspen, Swamp White
Oak) meet 2.5” caliper
Deciduous ornamental (Thornless
Hawthorn) 1.5” caliper (should be 2”
caliper)
Interior
Parking Lot
Landscaping
1. At least 5% of the interior area of
parking lots with more than 30
spaces shall be devoted to landscape
planting areas.
2. Shade trees shall be provided within
the interior of parking lots (in islands
or corner planting beds) - 1 tree per
15 spaces or fraction thereof.
1. There are no calculations for this to know
exactly, but there are corner planting
beds and some islands provided.
2. Shade trees are provided within corner
planting beds.
Perimeter
Parking Lot
Landscaping
1. A landscape strip at least 8’ wide
shall be provided between parking
areas and public streets, sidewalks or
paths.
a. The frontage strip shall contain
screening consisting of either a
masonry wall, fence, berm or
hedge or combination that forms a
screen of 3.5-4’ in height and not
less than 50% opaque.
b. Trees shall be planted at a
minimum of one deciduous tree
per 50 lf within the frontage strip.
There is no masonry wall, fence, berm, or
hedge provided along Hudson Blvd that
provides such screening. Additionally,
trees are not planted at a minimum of one
deciduous tree per 50 lf.
Tree Preservation Requirements. There are no trees currently on the site, and so a tree preservation plan
is not required.
Off-Street Parking. The applicant meets general parking space size and aisle width standards. However,
more information is needed to determine whether the following standards have been met in regards to off-
street parking requirements.
Standard Required Proposed
Sec. 154.210: Off-Street Parking
Shared
Parking
Joint use of required parking spaces is
encouraged where two or more uses on
the same or adjacent sites are able to
share the same parking spaces because
their demands occur at different times.
The applicant must submit analysis
showing that peak parking times of the
uses will occur at different times and the
parking area will be adequate for both
uses. A legal instrument of deed
restriction that guarantee access to the
parking for both uses shall be submitted
The applicant is proposing that the parking
lot be across all three parcels, indicating that
shared parking will likely be provided. It is
a condition of approval that if the applicant
wishes to provide shared parking between
the three parcels that this analysis be
provided to the City. The applicant has
stated in the application narrative that the
three parcels will be under the same
ownership. However, because this may
change with time, it is a condition of
approval that upon the sale or transfer of
ownership of any of the parcels that a deed
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 10
restriction that guarantees access to the
parking for both uses be submitted.
Minimum
Number of
Parking
Stalls
Required
Financial Institution: 1 space per 100 sf
of usable floor area
Personal services: 1 space per 300 sf of
gross floor area
Drive-in, fast food, and standard
restaurant: 1 space per 3 customer seats
or each 100 sf of interior space (the
greater), plus 1 space per 200 sf exterior
seating area. Drive-throughs shall
provide queuing space for at least 3
vehicles in advance of the menu board
and 3 vehicles between the menu board
and pickup window
Medical facilities: 5 spaces per medical
professional, or 1 space per 200 square
feet of gross floor area
175 standard stalls
6 handicap stalls (pedestrian ramp provided)
It is difficult to determine if these standards
are met without knowing what the exact use
of each building will be. It is a condition of
approval that the applicant provide this
information along with relevant information
to determine whether or not these standards
are met.
Parking
Require-
ments
Parking spaces for uses with multiple
components shall be the sum of the
parking requirements of the separate
components.
As mentioned above, more information is
needed to determine whether or not the
parking requirements have been met.
Off-Street Loading Areas. The applicant has not provided in the site plan an off-street loading area nor an
explanation in the narrative as to why this was not included on the site plan. The restaurants will likely
require the receipt of materials or merchandise trucks or similar vehicles, and the buildings all have a gross
floor area that is larger than 5,000 square feet. It is a recommended condition of approval that the applicant
provide explanation as to why an off-street loading area is not required within this development.
Standard Required Proposed
Sec. 154.211: Off-Street Loading Areas
Off-Street
Loading
Shall be provided in all districts for any
nonresidential use which involve the
receipt or distribution of materials or
merchandise by trucks or similar
vehicles and has a gross floor area of
5,000 sf or more.
A. Facilities less than 20,000 sf may
have a designated loading zone rather
than a loading berth.
None.
Sign Regulations.
x Wall signs. The applicant has indicated in the submittal letter of the application that additional wall
signage is being requested as a PUD flexibility but has not proposed in detail what sort of flexibility
is being proposed or the reasoning for the request. It is a recommended condition of approval that
the applicant submit a narrative and Comprehensive Sign Plan that details what sort of flexibility
is being proposed and for what reason.
x Pylon sign. Additionally, the applicant has indicated on the site plan that a pylon sign is being
proposed. While pylon signs are not permitted under the City’s Sign Regulations, the Commission
may wish to recommend that this be allowed as a PUD flexibility, given that the three proposed
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 11
parcels will have a significant number of tenants within a small area, a pylon sign may be
appropriate in this case in order to list all occupants. The exact dimensions of this sign have not
been proposed, and so it is a recommended condition of approval that the applicant provide this
information for review.
x Directional Signage. Directional signage for the drive-thru is shown on the site plan.
x Stop Sign. A stop sign is shown on the site plan for the driveway entrance on to Hudson Blvd.
x No Parking and Fire Lane Signs. The applicant has not shown on the site plans where no parking
and fire lane signs are being proposed. It is a recommended condition of approval that the applicant
provide this information and obtain approval from the Building Official and Fire Chief.
Phasing. Three phases: 1st: 14,700 sf building on Lot 1 2nd: 10,120 sf building on Lot 2 3rd: 3,192 sf building
on Lot 3.
Engineering Comments. The following provides a summary of comments from the City Engineer.
Detailed comments are attached in the Engineering Memo dated March 8, 2017.
Traffic and Access Management.
x Hudson Blvd is planned as a major collector road. The Comprehensive Plan’s access management
guidelines limit full commercial driveway access to 660 ft spacing for full access intersections and
commercial driveways. The proposed site plan shows approximately 250 ft. spacing between the
two driveway access points off Hudson Blvd. The owner of the property to the west of the
development has expressed interest in developing. It is a recommended condition of approval that
the applicant include this parcel, PID# 34.292.1440004 (Ebertz property), as part of the Preliminary
Plat and PUD Plans or work with the owner of this property to provide shared access.
x Additionally, because Hudson Blvd is a major collector road, and because the City wishes to
maintain the road as a two-lane road, it is necessary to implement left and right turn lanes for access.
Construction of these turn lanes should be done at time of development.
x Shoulder widening/improvements should also be considered as the development process
progresses.
Grading, Drainage, and Erosion Control Plans.
x Need to meet City of Lake Elmo standard specifications and other applicable standards.
Utility Plans.
x The proposed site is located within the Stage 1 Regional Sewer area. The property is currently
served with municipal sewer and water, and no phasing is required for infrastructure improvements.
x The developer should be required to extend the sanitary sewer and 8-inch watermain stub to the
westerly plat limits to make sewer and municipal water service available to that property.
x Additional fire hydrant locations may be required.
x Drainage and utility easements are required over all public sanitary sewer and watermains not in
ROW or City Outlots.
Stormwater Management.
Planning Commission Report Public Hearing Item #4a
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Page 12
x Subject to review by State, VBWD and City rules and regulations, and possibly MPCA (to see if
infiltration practices will be allowed.
x Stormwater maintenance agreement is needed, as storm water facilities are from privately owned
and maintained storm sewer system that may not be constructed to City Engineering design
standards, and therefore should be privately owned and maintained.
x Written landowner permission may be required for off-site storm water discharges to adjacent
property owners to avoid negative impacts to downstream properties.
x An infiltration basin is provided on the east side of the property.
Traffic. The applications have been sent to Minnesota Department of Transportation (MNDOT), as the
development abuts the Keats Ave N to WB I-94 ramp, and Washington County, as the County has indicated
a study will be done on the Keats Ave N and Hudson Blvd N intersection, to which this project is near. No
comment has yet been received by either of these entities.
Comprehensive Plan. The property is guided for and zoned Commercial. The proposed development is
commercial in nature. Commercial development is guided for 4.5-7 residential equivalency units (REU)
per acre. Because the development is within the beginning stages, the Met Council has not yet made a
determination for WAC/SAC Charges. However, the following outlines REU information for the proposed
uses within the development:
Restaurant
Fixed Seating (actual number of seats) 10 seats 1
Non-Fixed Seating (the greater of the square feet of dining area @ 15 square
feet/seat or number of seats shown on the plan) 10 seats 1
Outdoor patios and sidewalk seating are counted same as inside seating.
(See Section 5.2.1.7.1 for discount) - -
Drive-in (See Section 5.2.1.7 for discount) 9 parking 1
Take-out (no seating) 3,000 square
feet 1
Outpatient clinic *17 fixture
units
1
Sterilizer (4 hours x gallons per minute x 60 minutes) 274 gallons 1
X-ray film processor (4 hours x gallons per minute x 60 minutes) 274 gallons 1
Retail Store (deduct mechanical rooms, elevator shafts, stairwells, escalators,
restrooms and unfinished storage areas) (for remainder use other criteria) (i.e. Gas
Pumping)
3,000 square
feet
1
Shower (if lockers are included use Locker Room criteria) *17 fixture
units
1
PUD Density Flexibility. The City’s PUD flexibility allows for an increased density of up to 20%. Density
increase may be allowed according to Table 16-2 of Section 154.754: Density of the Planned Unit
Development Article. The applicant has not requested increased density.
Park Dedication/Parks and Trails. The parkland dedication requirement for the proposed commercial
development is presently $4,500 per acre in lieu of dedicated land. The proposed development area is 3.82
acres in size, and so the required parkland dedication based on the present fee schedule would total $17,190.
The Parks Commission will review the proposed development at the March 20, 2017 meeting.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 13
PUD Agreement. A PUD agreement that clearly articulates permitted and conditional uses, placement of
structures, development intensity, density, setbacks, building requirements, lot requirements, signage, or
other elements of the plan that deviate from the Commercial Zoning District standards will be executed if
the PUD is approved. The PUD Agreement will provide the development regulations that prevail for the
site. Those items not addressed by the PUD Agreement will default to the underlying Commercial Zoning
standards.
RECOMMMENDED FINDINGS:
Staff is recommending that the Planning Commission consider the following findings with regards to the
proposed Lakewood Crossing 2nd Addition Concept PUD Plan:
1. That the Applicant has submitted all application requirements outlined in Section 154.759:
Application Requirements for General PUD Concept Plan.
2. That the Lakewood Crossing 2nd Addition Concept PUD Plan is generally consistent with the
Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
3. That the Lakewood Crossing 2nd Addition Concept PUD Plan meets at least one or more of the
objectives outlined in Section 154.751 of the Zoning Code.
4. That the Lakewood Crossing 2nd Addition Concept PUD Plan will not conflict with nearby land
uses.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff recommends that the Planning Commission recommend approval of the Preliminary Plat and
Concept PUD Plans with the following conditions:
1. The Applicant shall address all of the comments outlined in the City Engineer memorandum
dated March 8, 2017.
2. The Applicant shall obtain all necessary permits including but not limited to all applicable city
permits (building, grading, sign, etc.), NPDES/SWPPP permits, Valley Branch Watershed
District approval, and review by the MPCA if infiltration practices will be allowed.
3. The Applicant shall be required to extend sanitary sewer and municipal water service to the
westerly adjacent property.
4. Stormwater facilities shall be privately owned and maintained. A maintenance agreement in a
form acceptable to the City should be executed and recorded.
5. The Applicant shall amend the proposed Landscape Plan to comply with City standards and
obtain approval by the City’s Landscape Architect.
6. The Applicant shall provide financial security for 125% of landscaping materials.
7. The Applicant shall submit a Comprehensive Sign Plan and narrative detailing what sort of
flexibility is being proposed and for what reason and obtain approval from the Planning Director.
8. The Applicant shall detail the uses of each building and provide necessary information for the
Planning Director to review and approve that the City’s Off-Street Parking requirements have
been met.
9. The Applicant shall provide open space calculations and shall meet the 20% open space
calculation requirement.
Planning Commission Report Public Hearing Item #4a
3/13/2017
Page 14
a. Note: Alternatively, the Planning Commission may wish to recommend that this
requirement be waived, as they may see that another amenity has been provided.
10. The Applicant shall detail the location of the drive-thru elements and outdoor dining facility to
ensure standards for such uses have been met.
11. The Applicant shall submit a photometric plan, and all lighting must meet requirements of
Sections 150.035-150.038 of the City Code.
12. The Applicant shall submit a plan and obtain approval from the Building Official and Fire Chief
for the location of hydrants and No Parking and Fire Lane signs.
13. The Applicant shall work to include PID# 34.292.1440004 (Ebertz property) as part of the
Preliminary Plat and PUD Plans or work with the owner of this property to provide shared access.
14. Any new permitted access to the development, full left and right turn lanes should be constructed.
15. The City shall further evaluate shoulder widening/improvements as part of the development.
16. The Applicant shall include in the application narrative why an off-street loading area is not
required, to be reviewed by the Planning Commission and approved by Council.
17. Upon the sale or transfer of ownership of any of the parcels, a deed restriction that guarantees
access to the parking for both uses must be submitted.
18. Mechanical rooftop equipment must be screened.
FISCAL IMPACT:
The development of this currently vacant site will create three thriving, taxable parcels.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the Lakewood Crossing 2nd
Addition PUD Concept Plan with the 18 conditions of approval as listed in the Staff report. Suggested
motion:
“Move to recommend approval of the Lakewood Crossing 2nd Addition PUD Concept Plan with the 18
conditions of approval as drafted by Staff based on the findings of fact listed in the Staff Report.”
ATTACHMENTS:
1. Concept PUD and Preliminary Plat application.
2. Engineering Review Memo dated March 8, 2017.
Written Statements:
The following are answers to Questions 2a thru 2m on the Preliminary Plat Application
form:
a. Record Owner Engineer / Surveyor
CM Properties 94, L.P. Carlson McCain, Inc.
3460 Washington Drive, Suite 100 3890 Pheasant Ridge Drive NE, Suite 100
Eagan, MN 55122 Blaine, MN 55449
Attn: Bruce Miller Attn: Joe Radach, PE
(651) 452-3303 (763) 489-7912
Architect
Architectural Consortium, LLC
901 No. Third Street, Suite 220
Minneapolis, MN 55401
Attn: Kathy Anderson
(612) 436-4030
b. The property has an unassigned address but is currently legally described as Outlot
A, Lakewood Crossing, according to the recorded plat thereof, Washington County,
MN.
PID #34.029.21.44.0015
Zoning – Commercial
Parcel Size – 3.82 Acres / 166,449 Sq.Ft.
c. Subdivision Name: Lakewood Crossing
Number of Lots: Three (3)
d. N/A
e. The intent of this 3 lot, 3 building project is to create a successful retail project
providing a warm and inviting place for residents in the area to shop and dine. Our
goal is to have a quality, sit down, full service restaurant on the east side of the
project including a large patio to accommodate outside seating for restaurant
patrons. In addition to a sit down restaurant, we are targeting fast casual
restaurants with drive thru, coffee with drive thru, a hair salon, dry cleaner,
chiropractor, bank or credit union with drive thru and other similar services and
retail businesses. Our intention is to build the project in three (3) phases with the
initial plan to construct at 14,700 square foot retail building and follow up with a
10,120 square foot and 3,192 square foot building as the market dictates. Our firm
has owned this property for over 45 years and we intend to continue to own it for
years to come. Our intention is to build something both we and the City can be
proud of and that meets what the market is looking for and stands the test of time
architecturally.
f. N/A
Written Statements
Page 2
g. The property is currently served with municipal sewer and water. No phasing is
required for infrastructure improvements.
h. There are only 3 non-related, non-public property owners within 350’ and they are
also excited about the prospect of additional development occurring on this corner.
This development will have positive impact on property values in this area by
providing much needed retail and service businesses.
i. This development should not conflict with nearby land uses. As a matter of fact, it is
our intent to get tenants who enhance our neighbors property values and provide
goods and services to the residential areas in and around this intersection.
j. In the grand scheme of development occurring in Lake Elmo, this project is
relatively minor in terms of city services required and will not create a burden on
the City. As a matter of fact, commercial tax rates are significantly higher than
residential and therefore this project will only help the budgets of the City,
County and School District.
k. N/A
l. As this is a small commercial development, we are intending on providing a park
dedication fee in lieu of dedication which the City will be able to utilize to enhance
its overall parks / open space plan.
m. Our intention is to commence construction in May or June with the first phase
14,300 square foot building to be complete in later October / early November. The
Phase II and Phase III building will be constructed as the market dictates.
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Lake Elmo Planning Commission Minutes; 3‐13‐17
City of Lake Elmo
Planning Commission Meeting
Minutes of March 13, 2017
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer, Dodson, Dorschner, Emerson, Larson, Williams,
Lundquist and Hartley
COMMISSIONERS ABSENT: Fields
STAFF PRESENT: Planning Director Wensman and City Administrator Handt
Approve Agenda:
M/S/P: Dodson/Williams, move to approve the agenda as presented, Vote: 7‐0, motion
carried, unanimously.
Approve Minutes: January 23, 2017
M/S/P: Dodson/Larson, move to approve the January 23, 2017 minutes as presented,
Vote: 7‐0, motion carried unanimously.
Approve Minutes: February 27, 2017
M/S/P: Wiliams/Lundquist, move to approve the February 27, 2017 minutes as
amended, Vote: 7‐0, motion carried unanimously.
Public Hearing – PUD Concept Plan – Lakewood Crossing 2nd
Wensman started his presentation regarding the Lakewood Crossing 2nd Addtion PUD
Concept Plan. This will be a 3 lot subdivision on 3.82 acres. The proposal is for a full
service resteraunt, chiropractic and other retail activities. This property is currently
vacatn but is guided for commercial. This PUD Concept Plan is intended to is intended
to provide the applicant guidance so that they can adjust the proposal if necessary. The
PUD will give flexibility to maximize the use of the property when straight zoning does
not work. There is a requirement that 20% of the project area be open space. There are
no open space calculations which must be provided. Lot dimensions and Bulk
requirements are largely met, but flexibility is being requested for the following 1) lot
width minimum 2) Imprervious surface 3) Parking setbacks.
2
Lake Elmo Planning Commission Minutes; 3‐13‐17
There are some deviations from the commercial design standards. Some of the
standards do not apply to this site and the unique shape of the lot make some of them a
challenge. There is not much landscaping proposed, especially on the exterior streets.
The main comments come from engineering and have to do with traffic and access
management. Hudson Blvd is a main collector and there is spacing limitations to 660
feet spacing for full access intersections. That would put the next access at the Ebertz
property. The City is suggesting working with the Ebertz to develop together.
There are 18 recommended conditions of approval including meeting all engineering
comments, a comprehensive sign plan, open space calculations, amended landscape
plan to meet city standards, financial security, obtain necessary permits, etc.
Kreimer asked if this could be done with one entrance or if there would need to be two
for safety. Wensman stated that to his knowledge there would not need to be two, but
should be run by the fire chief and city engineer.
Williams asked why there would be no deed restriction on the shared parking as part of
this as it states it is at the time of sale. Wensman stated that there should be a cross
access agreement now, not at time of sale.
Hartley asked if the city engineer reviewed this for drainage. Wensman stated that at
the concept plan, they are looking at bigger picture and the bigger issue is the access
management.
Kreimer asked why this property would need to provide the sewer and water. Is it not
in Hudson Road? Wensman stated that the sewer access does not extend all the way
down.
Bruce Miller, CM Properties, they are building on speculation and hope that the
businesses will come. They are asking for some flexibility from the code so that they can
bring a much more quality development forward. The drive through component would
be a CUP through the PUD process and they would like to get those approvals now so
that they can market to those types of businesses wth confidenct. He feels that the
signage requirements are very small and would be difficult to see. They have been
working on some signage proposals for a comprehensive sign plan. Miller stated that
rather than the 20% open space required with a PUD, he is proposing upgraded
architectural features. He is confident that there will be enough parking. It is to there
benefit to make sure there is adequate parking to meet the needs of their tenants.
Hartley asked about a shared driveway on the West side with the Ebertz. Miller stated
that the first phase would not need the second access point unless the fire chief
requires it. He stated that he does not control the Ebertz property, but he is willing to
give them an easement for access.
3
Lake Elmo Planning Commission Minutes; 3‐13‐17
Public Hearing opened at 7:52 pm
No one spoke and there were no written comments
Public Hearing closed at 7:52 pm
Williams feels that this is a good development and good for this spot. He does have
concerns about the access spacing, traffic flow for all the drive thrus and parking needs
to be more detailed. The offsets to open space he is willing to discuss, but needs to be
convinced with more details of landscaping and architectural design. Dodson agrees
with Williams and would like to see an agreement worked out with the property owner
to the West. There was discussion regarding concern with the traffic flow of the drive
thrus. Kreimer would like to see a couple of islands in the center of parking lot to break
it up a little bit. He is also concerned about the turn radius for the multiple drive‐thrus
and is concerned about the access spacing.
Lundquist thinks this will be a a great addition to the community and she is not
concerned about the drive‐thru radius. Hartley is uncomfortable permitting some of
these activities without knowing what the actual use or scale will be. He would like to
see them as Conditional Use Permits as the use comes in. Kreimer would like to add
condition #19 that the applicant shall be limited to 4 drive thru accesses and 2 of these
must be low intensity uses. Miller stated that the approval or denial for a drive thru
would impact how you lay out the site and construct the building. Dodson is wondering
if the design of the buildings limits what types of businesses would go in there. Miller
stated that the design would dictate what types of businesses would go in there.
Williams is wondering if with the next phase the developer could give them information
regarding the drive thru traffic. Hartley stated that the drive thru traffic could be part of
the parking space analysis.
M/S/P: Dodson/Williams, move to add condition of approval #19 that an analysis be
done on the drive thru traffic volume, including any impact on the parking areas as well
as the secondary access and overall development, Vote: 7‐0, motion carried
unanimously.
Dorschner feels that this would be self managing as businesses will pick a location that
will accommodate their needs. He doesn’t see the concern with the parking as this
development doesn’t seem any more dense than in other communities. Lundquist
agrees. She sees the traffic going around with a flow.
M/S/P: Dorschner/Lundquist, move to recommend approval of the Lakewood Crossing
2nd addition PUD Concept Plan with the 19 conditions of approval as drafted by staff and
amended by the Planning Commission, based on the findings of fact listed in the staff
report, Vote: 7‐0, motion carried unanimously.
STAFF REPORT
DATE: March 21, 2017
REGULAR
ITEM #: 24
AGENDA ITEM: Lake Elmo Farmers’ Market
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
The Lake Elmo Farmers Market began operation in 2015. A review of the minutes did not identify any
motion approved directing the structure of the market or its relationship to the city. However, Council
Member Lundgren did provide regular updates on the market during her council reports.
At the work session, staff requested some clarity about the relationship of the Lake Elmo Farmers’ Market
and the city. This was precipitated by a request from a business owner to host the market on his property.
Two council members requested this issue be brought forward at a council meeting for further discussion.
ISSUE BEFORE COUNCIL:
Should any changes be made to the Lake Elmo Farmer’s Market?
PROPOSAL:
Three options were suggested at the work session to bring forward to Council: (1) leaving the farmers
market as is, (2) moving it, and (3) withdrawing city affiliation.
Since the work session, the business owner has withdrawn his offer to host the market. Therefore, there
are two options for council consideration: leaving it as is (2016 location was Lake Elmo Elementary School)
or withdrawing city affiliation.
In 2016, the City provided liability coverage for the market. The farmer’s market was listed as an additional
insured on the city’s policy at no extra cost. However, if there was a claim in the future the city could incur
some costs as the city’s deductible for liability coverage is currently at $200,000. Also in 2016, since the
Farmers Market began charging vendors, the funds were run through the city’s petty cash account.
If the city council decides to remain affiliated with the market and operate in their current location, staff
would recommend the city receive copies of all of the vendors’ insurance coverage, contact information
and require the Farmer’s Market “committee” to deliver an annual report/presentation to the Council each
November. In addition, vendors should understand that if the market maintains the city affiliation, they
must comply with city policies, ordinances and data practices regulations applicable to public entities.
FISCAL IMPACT:
Staff time involved in the cash handling (accepting the cash and paying out cash for supplies, etc.)
OPTIONS:
1) Continue City affiliation with the Lake Elmo Farmers’ Market but require items listed above
2) Discontinue City affiliation with the Lake Elmo Farmer’s Market
ATTACHMENT:
None
STAFF REPORT
DATE: 3/21/17
REGULAR
ITEM #: 25
MOTION
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Inwood Ave. Water Tower Logo Change
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: As construction begins to commence for the season
and the completion date of the new Inwood Ave. Water Tower draws
closer, an opportunity to change the painted logo on the water tower has
opened. “Branding”, or including official city logos and slogans is
becoming a popular site on water towers across the country and right
here in the Twin Cities Metro Area. This new style of logo moves away
from traditional “Block” letters that depict a city’s name and provide a
more appealing logo that is inviting to visitors and residents alike, while
displaying city pride.
ISSUE BEFORE COUNCIL: Should the City Council authorize a
change order to apply the city logo on the Inwood Ave. Water Tower?
PROPOSAL DETAILS/ANALYSIS: When construction plans were
approved for the Inwood Ave. Water Tower, they were approved in a way
that would match the new tower to the existing Tower #2 at the Public
Works Facility. Tower #2 was constructed and painted to match the
Public Works Facility, white with red block letters spelling out Lake
Elmo.
With the location of the new Inwood Tower in more of a residential area,
the exterior color scheme that was approved to match Tower #2 is not very
conducive to the surroundings of the new water tower. By changing, and
moving away from the red “Lake Elmo” block letters and applying the
city logo to the new water tower a more appealing color scheme would be
visible to residents and visitors while boasting the official city logo to
travelers along the I-94 & I-694 corridors.
Once completed, the selected logo applied to the water tower will be
visible for approximately 15-20 years. That is the typical expected life of
properly applied paint coatings on water towers.
FISCAL IMPACT: $10,000 to apply logos to both north and south sides
of water tower.
$ 5,000 (approx.) to apply city logo to southwest side of
water tower.
OPTIONS: -Approve change order to apply the city logo on two sides
of the Inwood Ave. Water Tower. -Approve change order to
apply the city logo on one side of the Inwood Ave. Water Tower.
-Make no changes to the approved water tower plans.
RECOMMENDATION:
Motion to approve a change order authorizing the City of Lake Elmo
logo to be applied on the southwest side of the Inwood Ave. Water
Tower.
ATTACHMENTS: - City logo
- Tower #2 at Public Works
- CB&I email
From: "Pegel, Bill" <Bill.Pegel@CBI.com>
To: Chad Katzenberger <ckatzenberger@sehinc.com>
Date: 03/03/2017 09:09 AM
Subject: RE: Inwood water tower logo change price
Chad,
Apologize for the delay in getting a response back to you. The suggestions below would have very little impact in
the costs. Main costs in the changes is the manhours to add the accents underneath the letters. Just more time
moving the rigging and tracing out the design and also more time rolling the design. The new logo is much more
appealing and I hope I can help get it on the tower. I can pull out engineering to change the drawings and also time
for estimating and myself to process the changes and just give you a raw price of $10,000. This would just simply
be the adder for additional paint colors, labor to layout/execute and little adder for more intricate template. Let
me know if this helps and what the City would like to do. Thanks.
Bill Pegel
Project Manager
Central Operations
Fabrication Services
Steel Plate Structures
Tel: +1 815 439 6537
Cell: +1 815 210 1676
Fax: +1 815 439 3130
Bill.Pegel@CBI.com
CB&I
14109 S. Route 59
Plainfield, IL 60544-8984
United States
www.CBI.com