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HomeMy WebLinkAboutXXX- 07-18-17 CCMP NOTICE OF MEETING City Council Meeting Tuesday, July 18, 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. July 5, 2017 D. Public Comments/Inquiries E. Presentations Presentation from the Cimarron Rowing Club F. Consent Agenda 2. Approve Payment of Disbursements 3. Accept June 2017 Assessor’s Report 4. Accept June 2017 Building Department Report 5. Accept June 2017 Fire Department Report 6. Accept June 2017 Public Works Department Report 7. Approve Water Meter Replacements 8. Inwood Water Tower (No. 4) – Approve Pay Request No. 11 9. Old Village Phase 3 Street & Utility Improvements – Approve Pay Request No. 1 10. 2017 Street Improvements – Approve Pay Request No. 1 11. 2017 Mill and Overlay – Accept Quotes and Award Contract 12. CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Agreement Payment No. 1 13. Wellhead Protection Plan Phase 2 –Award Engineering Services Task Order 14. Approve Building and Planning Regulations Permit Fee Schedule –Ordinance 08-182; Resolution 2017-079 15. Approve Revision of Contractor Licensing – Ordinance 08-183 16. Approve Adoption of the 2017 Lake Elmo Property Maintenance Code – Ordinance 08-181 17. Approve Public Safety Committee Appointments 18. Approve Amendments to Chapter 72: Parking Regulations & Chapter 73: Parking Schedules of the City Code- Ordinance 08-171; Resolution 2017-077 G. Regular Agenda 19. Fire Department Staffing 20. Easton Village 3rd Addition Final Plat – Resolution 2017-076 21. Easton Village 3rd Addition Developers Agreement – Resolution 2017-081 22. Library Parking Lot Paving Project 23. Bee Safe Resolution Amendment and IPM H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Wensman, Sergeant Osterman, and City Clerk Johnson. APPROVAL OF AGENDA Item 5, “Tax Abatement Payment for Valley Cartage” was moved to the end of the Regular Agenda. Councilmember Fliflet, seconded by Councilmember Lundgren moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the May 16, 2017 and June 20, 2017 Regular Meetings were accepted as presented. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street N., spoke about volunteering and maintenance issues at Kleis Park. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Old Village Ph3 Street & Utility Improvements – Approve Change Order No. 1 4. Royal Golf Zoning Map Amendment – Rezoning Property from PF – Public and Quasi-Public Open Space to Golf Course Community Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 6: Lake Elmo Jaycees Special Event Permit for Huff n Puff Days City Clerk Johnson reviewed the application from the Lake Elmo Jaycees for a special event permit for Huff N Puff days with a request for the City to waive the fees for the permit and ball field lighting. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2017 Page 2 of 5 Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE SPECIAL EVENT PERMIT AND TEMPORARY ON-SALE LIQUOR LICENSE ISSUED TO THE LAKE ELMO JAYCEES FOR THEIR HUFF N PUFF DAYS EVENT HELD AUGUST 10 THROUGH 13, 2017, SUBJECT TO APPROVAL OF THE DIRECTOR OF MN ALCOHOL AND GAMBLING ENFORCEMENT DIVISION, AND WAIVE THE LIQUOR LICENSE FEE, SPECIAL EVENT PERMIT FEE AND THE FEE FOR LIONS PARK BALL FIELD LIGHTING AS WELL THE CITY PROVIDING SHERIFF DEPUTIES FOR THE EVENT AT NO COST TO THE JAYCEES. Motion passed 5 – 0. ITEM 7: Donation from Lake Elmo Jaycees Lake Elmo Jaycees President Mike Slobodnik presented the City with a donation of $11,400 and announced that the Jaycees are seeking new members. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2017-074 ACCEPTING DONATED FUNDS FROM THE LAKE ELMO JAYCEES. Motion passed 5 – 0. ITEM 8: Southwind Easement Vacation City Planner Wensman reviewed the history of the property and proposed easement vacation. Wensman also reviewed draft findings and conditions of approval recommended by the Planning Commission. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-069 APPROVING VACATION OF THE EASEMENT AS RECORDED BY WASHINGTON COUNTY ON NOVEMBER 4, 2013 AS DOCUMENT NUMBER 39701798. Motion passed 3 – 1 – 1. (Lundgren – nay; Fliflet – present/not voting) Councilmember Fliflet stated she did not support the preliminary plat approval and therefore did not vote on this item. ITEM 9: Southwind Final Plat Planning Director Wensman reviewed the request for final plat approval for the proposed Southwind Development. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2017-070 APPROVING THE SOUTHWIND FINAL PLAT WITH THE RECOMMENDED 16 CONDITIONS OF APPROVAL MINUS CONDITION 12. Motion passed 3 – 1 – 1. (Lundgren – nay; Fliflet – present/not voting) ITEM 10: Southwind Developer Agreement Planning Director Wensman noted two minor corrections to be made to the Developer Agreement related to the grading security deposit. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2017 Page 3 of 5 Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-072 APPROVING THE DEVELOPERS AGREEMENT FOR SOUTHWIND OF LAKE ELMO. MOTION PASSED 3 – 2. (Fliflet, Lundgren – present/not voting) ITEM 11: Hidden Meadows 2nd Addition Final Plat Planning Director Wensman provided a review of the project history and reviewed the proposed plat and outlots, buffer requirement, and street layout. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO POSTPONE ITEM 11 TO A WORKSHOP. Motion failed 1 – 4. (Pearson, Fliflet, Lundgren, Nelson – nay) Parkland dedication, street lights and trails were discussed. Wensman reported on Planning Commission review of the application and recommended conditions for approval. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO SUSPEND THE RULES REGARDING DISCUSSION. Motion passed 5 – 0. Discussion was held concerning buffers and a neighboring property owner’s request for a berm to be installed along their property line. Mark Gunter spoke on behalf of the applicant, RM Investments, providing comments on the berm/buffers, septic system design and street lighting. Joan Ziertman, 5761 Keats Avenue North, commented on the buffers, request for a berm and the layout of the proposed development. Steve Ziertman, 5761 Keats Avenue North, commented on the specific specifications requested regarding the berm. Councilmember Bloyer, seconded by Mayor Pearson, moved TO DENY RESOLUTION 2017- 073 APPROVING THE HIDDEN MEADOWS 2ND ADDITION FINAL PLAT WITH 22 CONDITIONS. Motion failed 1 – 4. (Pearson, Fliflet, Lundgren, Nelson – nay) Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO APPROVE ADOPT RESOLUTION 2017-073 APPROVING THE HIDDEN MEADOWS PLAT WITH 23 CONDITIONS INCLUDING THE ADDITION OF A CONDITION REQUIRING AN ENCROACHMENT AGREEMENT FOR THE RETAINING WALLS. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION BY AMENDING THE CONDITIONS OF APPROVAL TO REPLACE “LOTS’ WITH “25 LOTS”. Motion passed 5 – 0. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ADD THAT LANDSCAPING AND A BERM BE PROVIDED TO THE PROPERTIES CONTIGUOUS TO THE WESTERN BORDER AS REASONABLY POSSIBLE AND APPROVED BY STAFF. Motion passed 5 – 0. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2017 Page 4 of 5 Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION TO STRIKE CONDITION 22. Motion failed 1 – 4. (Pearson, Fliflet, Lundgren, Nelson – nay) Primary motion as amended passed 4 – 1. (Bloyer –nay) ITEM 12: Lions Park Advertising Policy City Administrator Handt reviewed the proposal for advertising signage at Lions Park. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-071, APPROVING THE INITIAL COSTS OF THE SIGNS TO BE ASSIGNED TO THE LIONS PARK CAPITAL IMPROVEMENT FUND; AND APPROVING COST AND SALES PRICE FOR AND TYPE OF SIGNS TO BE ALLOWED WITHIN LIONS PARK. Motion passed 5 – 0. ITEM 5: Tax Abatement Payment for Valley Cartage Discussion held concerning the background and history of the tax abatement agreement for Valley Cartage. Councilmember Nelson, seconded by Mayor Pearson, moved TO APPROVE A PAYMENT TO NORMAN JAMES LLC IN THE AMOUNT OF $3,599.15 WHICH REPRESENTS THE PROPERTY TAX ABATEMENT DUE FOR 2017. Motion passed 5 – 0. COUNCIL REPORTS Mayor Pearson: Attended LMC Board of Trustees meeting, reported on the 4th of July parade and thanked residents and businesses for their help and donations. Councilmember Nelson: Commented on the 4th of July parade. Councilmember Lundgren: Announced that the farmers market has a community board available for posting notices to the public. Councilmember Bloyer: Commented on the 4th of July parade. Councilmember Fliflet: Commented on the farmers market and 4th of July parade. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Working on the 2018 budget. City Clerk Johnson: Announced construction project updates are available to the public on the City’s website, Facebook page and in the weekly Fresh electronic newsletter. City Attorney Sonsalla: Reported on the status of a hazardous building action and Wasatch Storage project. Planning Director Wensman: Reported on upcoming construction in new developments. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2017 Page 5 of 5 City Engineer Griffin: Announced CSAH 17/Lake Elmo Avenue open house for property owners abutting the project and a second open house for the public. Currently drafting an RFP for a wellhead protection plan. Reported on plan reviews. Sergeant Osterman: Reported on upcoming temporary “no parking” zones on Lake Elmo Avenue. Meeting adjourned at 10:17 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT -- page 1 -- DATE: July 18, 2017 CONSENT ITEM#: 2 TO: Mayor and City Council FROM: Brian Swanson, Finance Director AGENDA ITEM: Approve Disbursements in the amount of $1,143,201.75 REVIEWED BY: Kristina Handt, City Administrator 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. FISCAL IMPACT: $1,143,201.75 Claim # Amount Description ACH $ 15,202.90 Payroll Taxes to IRS & MN Dept. of Revenue 07/06/17 ACH $ 7,227.97 Payroll Retirement to PERA 07/06/17 ACH $ 1,000.00 Payroll Retirement to MDCP 07/06/17 n/a $ 0.00 Payroll Checks (none) Direct Deposits $ 36,280.46 Payroll Deposits 07/06/17 46148- 46195 $ 1,074,500.93 Accounts Payable 07/05/17 2847- 2857 $ 8,989.49 Accounts Payable 07/05/17 (Library Checks) TOTAL $ 1,143,201.75 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: “Motion to approve the aforementioned disbursements in the amount of $1,143,201.75.” ATTACHMENTS: 1. Accounts Payable – check register STAFF REPORT -- page 1 -- DATE: July 18, 2017 CONSENT ITEM: 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 June 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 – 1 Plat Sales collected and viewed – 21 Taxpayer inquiries – 6 Miscellaneous inquiries - 3 Inspections – Residential – 141 Inspections – Commercial - 2 Building permit reviews – 33 Pictures taken – 148 Other work performed included: •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 June 2017 monthly assessor report. 3 STAFF REPORT DATE: 7-18-2017 CONSENT MOTION TO: City Council FROM: Michael Bent, Building Official AGENDA ITEM: Approve Monthly Building Department Report for June 2017 REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: ISSUE BEFORE COUNCIL: 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. PROPOSAL DETAILS/ANALYSIS: Below is a snapshot of the monthly statistics for June 2017. Comparison data is also include from prior years for May 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 16 14 7 Total Valuation $5,431,100 $4,961,000 $2,898,029 Average Home Value $339,444 $354,357 $414,004 Total Permit Valuation YTD $57,101,618 $49,902,370 $20,093,527 FISCAL IMPACT: None OPTIONS: RECOMMENDATION: Motion to accept the June 2017 monthly building permit report as presented. ATTACHMENTS: 1. Valuation Report 2.Permits Issued & Fees Report 3.Inspection statistic report for June 2017 ITEM #: 4 STAFF REPORT DATE: July 18, 2017 CONSENT ITEM #: 5 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Month End Fire Department Update for June 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 42 calls for June. 1 Fire alarm 1 Arcing, shorted electrical equipment 1 Structure fire 2 Dispatched and cancelled en route 1 Electrical wiring/equipment problem 27 Medicals 2 Gas leaks 3 Car accidents with injuries 2 Car fires 1 Steam or other gas mistaken for smoke 1 Water rescue 42 Total A command vehicle did not respond on 5 calls for a response rate of 88%. Average response was just over 6 minutes. 14 calls had 3 or less responders minus the Duty Officer with multiple calls having only 1 personnel on the apparatus. Department drills for the month: #1 – CEU (Building Construction and Underground Fires) #2 – Live Burning at the Training Center #3 – Station Drill (Make-up SCBA training; Ladder Truck training; Washington Cty Radio updates and reprogramming) Points of interest: - Staffing is still the prime concern: 1 FF continues on Leave of Absence 2 regular daytime responders will no longer be regularly available for daytime response 1 Personnel officially resigned and is no longer on the roster 1 call required a double tone and even after the second tone only 1 personnel reported to the station besides the Command vehicle The last of the 3 potential recruits this year has reported that he is unable to continue the hiring process at this time. He is still looking to join but is too busy for the time being - We are actively researching the potential of creating a LEFD Facebook page and getting more engaged in social media. More to follow on this matter - Our call response time has improved by 20% in the past 2 months, which of course is great, but that number is a little misleading. More calls this past couple months have been during hours that the station is manned as well as an increase in calls closer to the manned station and more personnel are rolling out by themselves due to staffing issues. - We were able to attend the food truck event at the Stillwater High School this month as a Fire Prevention event for us. The kids loved the fire truck and the community had a lot of great questions as usual. - One of the most important notes of the food truck event was that an informal survey was conducted with all of the children spoken to. During that survey it was nearly unanimous that they wanted to be Fire Fighters instead of Police. That might have had something to do with the plastic fire helmets we were passing out but we can’t be sure. MAYOR AND COUNCIL COMMUNICATION DATE: 7/18/2017 CONSENT ITEM #: AGENDA ITEM: Public Works Director Report SUBMITTED BY: Rob Weldon, Public Works Director 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 June 2017. PROPOSAL DETAILS/ANALYSIS: •Meet with contractors regarding Discovery Crossing Retaining Wall/Bridge •Inwood 5th Pre-Con •Easton Village 2nd Pre-con •Wildflower Pre-Wear Walk thru •Seal coat project •Hammes 2nd Pre-con •Drainage issue at 1570 Ivory Ave. N •Bids on water meter replacement •Lead and Copper Water Samples •5 Staff members to Sewer class/line tracer training •Met with contractors for generator maint. •Correct drainage at Lions Park infield •STS spread wood chips at Carriage Station Park and Pebble Park •Tim Strong and Matt Paulson began as FT Employees •Pothole Patching o 32.5 tons (Sunfish Hamlet, Fields 1, Tri-Lakes North) •Took delivery of new plow/dumptruck •Ditch mowing RECOMMENDATION: Base on the activities listed above, City Council is respectfully asked to accept the June 2017 Public Works Report. 6 STAFF REPORT DATE: 7-18-2017 CONSENT ITEM #: MOTION TO: City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: Water Meter Replacement REVIEWED BY: Kristina Handt, City Administrator Amy LaBelle, Accountant BACKGROUND: The City of Lake Elmo provides water to nearly 4,000 residents through 1,300 metered connections, (2016 numbers as reported to MN-DNR). Of the 1,300 metered connections, it has been discovered that 185 have water meters which have failed and are not recording reads that are required to create accurate quarterly billing. These accounts and quarterly water usage bills are estimated and not accurate. Many of the accounts with malfunctioning meters have been estimated for years, if not decades. Implications from estimated water consumption for a large amount of meters results in improper billing and inaccurate reporting to MN-DNR for annual water usage, which could result in; loss of revenue and fines levied to the city. ISSUE BEFORE COUNCIL: Based on the recommendation of the Finance Committee, should the City Council approve the purchase of 250 water meters and recommend hiring of an independent contractor to conduct replacement of failed water meters? PROPOSAL DETAILS/ANALYSIS: If approved by City Council, a licensed and insured independent contractor would be hired by the city to change out up to 200 water meters, (185 failed, 15 additional ageing) that exist in the city’s distribution system. The hired contractor would be responsible for scheduling, replacement and data entry of the new meters. All of the new meters would be purchased and inventoried by the city, while failed meters that are removed will be returned to the city. New meters purchased will also be compatible with the city’s current radio read system. By hiring and utilizing, an independent contractor to conduct this meter change out it is achievable to complete the replacement of the failed meters prior to 4th Quarter 2017 utility billing. An undertaking of this size, is not practical with the current staff size and work load of the Public Works and Finance/Utility Billing Departments of the city. This will also help simplify utility billing in 2017 and produce more accurate numbers required for billing and annual reporting. FISCAL IMPACT: $56,250 meters (250) $12,800 contractor $1,000 data entry Total $70,050 OPTIONS: Approve purchase of meters and contracting out replacement. Deny purchase of meters and contracting out replacement. Table for further discussion. 7 RECOMMENDATION: “Motion to recommend the purchase of 250 water meters and authorize hiring of an independent contractor to conduct scheduling, replacement and data entry of new water meters.” ATTACHMENTS: - Price Quote/Cost Breakdown worksheet Meter cost for Sensus iPERL meter and radio = $235.00 each Total $47,000 note - this cost would be the same for Public Works or Contractor installation. Meters would be purchased by the city and stored at Public Works There is a price brake at 250 meters.$225.00 each Total $56,250 Installation Cost: (includes scheduling) Midwest Testing = $12,800 plus meters = $59,800 Hydro Corp = $14,980 plus meters = $61,980 Utiliuse = $16,800 plus meters = $63,800 note = Data Entry can be provided by HD Supply for $5/meter, add $1,000 to total price. Water Meter Replacement Quotes Prices based on 200 meters STAFF REPORT DATE: July 18, 2017 CONSENT ITEM #: 8 AGENDA ITEM: Inwood Water Tower (No. 4) – Pay Request No. 11 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 11? BACKGROUND: CB&I, Inc. was awarded a construction contract on March 15, 2016 to complete the Inwood Water Tower (No. 4) project. The substantial completion date for the project is September 28, 2017. PROPOSAL DETAILS/ANALYSIS: CB&I, Inc., has submitted Partial Pay Request No. 11 in the amount of $60,914.00. 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 $105,446.43. 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. 11 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. 11 to CB&I, Inc. in the amount of $60,914.00 for the Inwood Water Tower (No. 4)”. ATTACHMENTS: 1. Partial Pay Estimate No. 11. STAFF REPORT DATE: July 18, 2017 CONSENT ITEM #: AGENDA ITEM: Old Village Phase 3: Street, Drainage, and Utility Improvements – Pay Request No. 1 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 1 for the Old Village Phase 3: Street, Drainage, and Utility Improvements? BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract on May 16, 2017 to complete the Old Village Phase 3: Street, Drainage, and Utility Improvements. The substantial completion date for the project is October 20, 2017. PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC, has submitted Partial Pay Request No. 1 in the amount of $186,194.20. 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 $9,799.69. 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. 1 for the Old Village Phase 3: Street, Drainage, and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 1 to Douglas-Kerr Underground, LLC in the amount of $186,194.20 for the Old Village Phase 3: Street, Drainage, and Utility Improvements project”. ATTACHMENTS: 1.Partial Pay Estimate No. 1. 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:FOCUS ENGINEERING, 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 5/16/2017 6/30/2018 REVISED DAYS REMAINING 410 0 365 10/20/2017 ORIGINAL DAYS CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY 1 6/30/20175/18/2017FROM OLD VILLAGE PHASE 3 IMPROVEMENTS PROJECT NO. 2016.133 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER DOUGLAS‐KERR UNDERGROUND, LLC 2142 330TH AVE MORA, MN 55051 ATTN: DENNY DOUGLAS CONTRACT TIME TOTALS $0.00 $16,586.70 $186,194.20 NET CHANGE ($16,586.70) $9,799.695.0% $0.00 $0.00 $195,993.90 1 7/5/2017 $16,586.70 $1,559,452.45 $195,993.90 No.Approval  Date Amount $1,576,039.15 Additions Deductions ‐$16,586.70 7/10/2017 FOCUS Engineering, inc.PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 1 OLD VILLAGE PHASE 3 IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.133 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $58,045.95 $58,045.95 0.50 $29,022.98 0.50 $29,022.98 2 ACRE 1.15 $6,000.00 $6,900.00 0.50 $3,000.00 0.50 $3,000.00 3 TREE 42 $200.00 $8,400.00 22 $4,400.00 22 $4,400.00 4 LF 2884 $1.20 $3,460.80 619 $742.80 619 $742.80 5 LF 144 $11.45 $1,648.80 0 $0.00 0 $0.00 6 LF 440 $3.00 $1,320.00 100 $300.00 100 $300.00 7 EACH 1 $450.00 $450.00 0 $0.00 0 $0.00 8 SY 10246 $1.10 $11,270.60 3,600 $3,960.00 3,600 $3,960.00 9 SY 765 $3.75 $2,868.75 0 $0.00 0 $0.00 10 SY 300 $6.25 $1,875.00 0 $0.00 0 $0.00 11 EACH 3 $260.00 $780.00 0 $0.00 0 $0.00 12 EACH 14 $90.00 $1,260.00 0 $0.00 0 $0.00 13 EACH 6 $450.00 $2,700.00 1 $450.00 1 $450.00 14 LF 240 $3.50 $840.00 0 $0.00 0 $0.00 15 LF 610 $2.75 $1,677.50 0 $0.00 0 $0.00 16 LF 200 $27.00 $5,400.00 80 $2,160.00 80 $2,160.00 17 LF 100 $24.00 $2,400.00 0 $0.00 0 $0.00 18 EACH 8 $35.00 $280.00 0 $0.00 0 $0.00 19 EACH 5 $160.00 $800.00 0 $0.00 0 $0.00 20 EACH 26 $90.00 $2,340.00 0 $0.00 0 $0.00 21 SF 200 $23.00 $4,600.00 0 $0.00 0 $0.00 22 CY 12605 $10.85 $136,764.25 0 $0.00 0 $0.00 23 CY 467 $32.50 $15,177.50 0 $0.00 0 $0.00 24 CY 400 $29.85 $11,940.00 0 $0.00 0 $0.00 25 CY 7764 $19.00 $147,516.00 0 $0.00 0 $0.00 26 SY 1000 $1.50 $1,500.00 0 $0.00 0 $0.00 27 CY 2288 $31.95 $73,101.60 0 $0.00 0 $0.00 28 HOUR 40 $150.00 $6,000.00 0 $0.00 0 $0.00 29 GAL 501 $1.40 $701.40 0 $0.00 0 $0.00 30 TON 230 $101.00 $23,230.00 0 $0.00 0 $0.00 31 TON 590 $54.50 $32,155.00 0 $0.00 0 $0.00 32 TON 315 $63.00 $19,845.00 0 $0.00 0 $0.00 33 TON 790 $48.75 $38,512.50 0 $0.00 0 $0.00 34 TON 420 $56.25 $23,625.00 0 $0.00 0 $0.00 35 TON 170 $0.01 $1.70 0 $0.00 0 $0.00 36 LF 1400 $3.25 $4,550.00 0 $0.00 0 $0.00 37 LF 1600 $0.01 $16.00 0 $0.00 0 $0.00 38 EACH 1 $1,024.05 $1,024.05 0 $0.00 0 $0.00 39 EACH 1 $1,095.10 $1,095.10 0 $0.00 0 $0.00 40 EACH 2 $1,470.00 $2,940.00 0 $0.00 0 $0.00 41 EACH 2 $2,466.45 $4,932.90 0 $0.00 0 $0.00 42 LF 410 $0.01 $4.10 0 $0.00 0 $0.00 43 LF 1300 $10.50 $13,650.00 0 $0.00 0 $0.00 44 EACH 20 $175.00 $3,500.00 0 $0.00 0 $0.00 45 LF 3236 $35.10 $113,583.60 681 $23,903.10 681 $23,903.10 46 LF 125 $36.55 $4,568.75 0 $0.00 0 $0.00 47 LF 741 $32.60 $24,156.60 0 $0.00 0 $0.00 48 LF 350 $30.35 $10,622.50 0 $0.00 0 $0.00 49 LF 178 $37.85 $6,737.30 0 $0.00 0 $0.00 50 LF 101 $100.90 $10,190.90 0 $0.00 0 $0.00 51 EACH 2 $2,939.55 $5,879.10 1 $2,939.55 1 $2,939.55 52 EACH 7 $1,580.75 $11,065.25 0 $0.00 0 $0.00 53 EACH 8 $2,432.30 $19,458.40 0 $0.00 0 $0.00 54 EACH 2 $3,484.05 $6,968.10 0 $0.00 0 $0.00 55 EACH 1 $3,940.80 $3,940.80 0 $0.00 0 $0.00 56 EACH 1 $4,945.05 $4,945.05 0 $0.00 0 $0.00 57 EACH 21 $500.75 $10,515.75 0 $0.00 0 $0.00 58 EACH 9 $1,004.55 $9,040.95 4 $4,018.20 4 $4,018.20 59 EACH 4 $324.60 $1,298.40 0 $0.00 0 $0.00 60 EACH 1 $986.40 $986.40 0 $0.00 0 $0.00 61 EACH 4 $254.20 $1,016.80 0 $0.00 0 $0.00 62 EACH 5 $429.50 $2,147.50 0 $0.00 0 $0.00 63 LF 815 $11.05 $9,005.75 0 $0.00 0 $0.00 64 LF 760 $20.45 $15,542.00 183 $3,742.35 183 $3,742.35 65 LF 250 $9.70 $2,425.00 0 $0.00 0 $0.00 66 LF 290 $14.15 $4,103.50 0 $0.00 0 $0.00 67 EACH 36 $167.60 $6,033.60 0 $0.00 0 $0.00 68 EACH 14 $3,175.50 $44,457.00 4 $12,702.00 4 $12,702.00 69 LF 48 $137.15 $6,583.20 14.15 $1,940.67 14 $1,940.67 70 LF 3236 $1.25 $4,045.00 0 $0.00 0 $0.00 71 SY 120 $14.30 $1,716.00 0 $0.00 0 $0.00 72 LS 1 $25,028.00 $25,028.00 0.5 $12,514.00 1 $12,514.00 73 EACH 27 $279.20 $7,538.40 0 $0.00 0 $0.00 74 EACH 3 $726.45 $2,179.35 0 $0.00 0 $0.00 75 EACH 27 $362.85 $9,796.95 0 $0.00 0 $0.00 76 EACH 3 $839.00 $2,517.00 0 $0.00 0 $0.00 77 EACH 1 $390.95 $390.95 0 $0.00 0 $0.00 78 EACH 3 $1,025.40 $3,076.20 2 $2,050.80 2 $2,050.80 Sewer Televising 2" Rigid Insulation Temporary Water Service 1" Corporation Stop 2" Corporation Stop 1" Curb Stop & Box 2" Curb Stop & Box 8" x 1 ‐1/4" Saddle Tap Connect to Existing Water Main Clearing & Grubbing  Clearing & Grubbing Salvage & Install Mailbox Assembly Salvage & Install Pavers (Incl. Flagstone Steps & Wall) Common Excavation (P) Infiltration Basin Excavation (EV) Subgrade Correction (EV)(Includes Select Granular Borrow ‐ Mod 5%) Select Granular Borrow ‐ Mod. 5% (CV)(P) Geotextile Fabric, Type V Remove Water Main Pipe Remove Sewer Pipe (Storm) Remove Backstop Fence Remove Concrete Curb & Gutter ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 Mobilization Type SP 9.5 Wearing Course Mix (3,B) 1‐1/4" Curb Stop & Box Pulverize Bituminous Pavement (P) Remove Bituminous Driveway & Parking Lot Pavement Remove Concrete Driveway Pavement Remove Catch Basin or Manhole (Storm) Salvage and Install Fence Salvage Sign (Type C or Street Name Sign) Remove Gate Valve & Box Sawing Concrete Pavement (Full Depth) Sawing Bit Pavement (Full Depth) Salvage Retaining Wall Agg. Base, Cl. 6 (CV) (P) Street Sweeping Bit. Material for Tack Coat Type SP 9.5 Wearing Course Mix (2,C) (Parking Lots, Driveways & Bike Trails Remove Hydrant Type SP 9.5 Wearing Course Mix (3,C) Salvage & Install Sign Type C Type SP 12.5 Wearing Course Mix (3,B) Type SP 12.5 Wearing Course Mix (3,.C) Bituminous Wedge Paving Saw & Seal Joint (40' Intervals) Pipe Foundation Rock 1‐1/4" HDPE Service Pipe Construct Drainage Structure 2'x3' (w/ CasƟng) 4" PVC Perf. Edge Drain w/ Backfill & Wrap Draintile Cleanout 8" PVC Pipe Sewer (SDR 26) 12" RC Pipe Sewer, Des 3006 CL V 15" RC Pipe Sewer, Des 3006 CL V 8"X6" PVC Wye, SDR 26 6" Clean‐Out Assembly (SCH 40) 2" Pressure Cleanout & CurbstopAssembly Construct Drainage Structure Des. CC ‐ 48"  (w/ CasƟng) Construct Drainage Structure Des. CC ‐ 60"  (w/ CasƟng) 15" RC Pipe Apron w/Trash Guard 18" RC Pipe Apron w/Trash Guard 21" RC Pipe Apron w/Trash Guard 36" Span RC Pipe‐Arch Apron w/Trash Guard Infiltration Basin Underdrain System 18" RC Pipe Sewer, Des 3006 CL V 21" RC Pipe Sewer, Des 3006 CL III 36" Span RC Pipe‐Arch Sewer CL IIA Connect to Existing Sanitary Sewer Construct Drainage Structure Des. CC ‐ 72"  (w/ CasƟng) Construct Drainage Structure Des. CC ‐ 84"  (w/ CasƟng) 8"X4" PVC Wye, SDR 26 6" PVC Sanitary Service Pipe ‐ Sch40 4" PVC Sanitary Service Pipe ‐ Sch40 2" HDPE Pressure Pipe Tracer Wire Box ‐ (at property line) Sanitary Sewer Manhole (10' Deep) Sanitary Sewer Manhole Extra Depth 2"x1‐1/4" Fused Tee QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 79 EACH 34 $382.35 $12,999.90 0 $0.00 0 $0.00 80 EACH 8 $4,199.10 $33,592.80 3 $12,597.30 3 $12,597.30 81 EACH 14 $1,586.10 $22,205.40 7 $11,102.70 7 $11,102.70 82 EACH 8 $2,036.45 $16,291.60 1 $2,036.45 1 $2,036.45 83 EACH 4 $3,023.65 $12,094.60 4 $12,094.60 4 $12,094.60 84 LF 1095 $9.20 $10,074.00 0 $0.00 0 $0.00 85 LF 90 $22.95 $2,065.50 0 $0.00 0 $0.00 86 LF 394 $24.45 $9,633.30 168 $4,107.60 168 $4,107.60 87 LF 2424 $32.30 $78,295.20 47 $1,518.10 47 $1,518.10 88 LF 892 $60.95 $54,367.40 646 $39,373.70 646 $39,373.70 89 LB 3606 $3.25 $11,719.50 1,636 $5,317.00 1,636 $5,317.00 90 CY 40 $115.00 $4,600.00 0 $0.00 0 $0.00 91 SF 5100 $4.90 $24,990.00 0 $0.00 0 $0.00 92 SF 480 $6.10 $2,928.00 0 $0.00 0 $0.00 93 LF 365 $19.00 $6,935.00 0 $0.00 0 $0.00 94 LF 5525 $12.25 $67,681.25 0 $0.00 0 $0.00 95 SY 300 $47.75 $14,325.00 0 $0.00 0 $0.00 96 SY 125 $55.75 $6,968.75 0 $0.00 0 $0.00 97 SF 72 $30.00 $2,160.00 0 $0.00 0 $0.00 98 LS 1 $2,300.00 $2,300.00 0 $0.00 0 $0.00 99 SF 21 $43.50 $913.50 0 $0.00 0 $0.00 100 EACH 3 $495.00 $1,485.00 0 $0.00 0 $0.00 101 LF 2400 $1.25 $3,000.00 0 $0.00 0 $0.00 102 EACH 23 $125.00 $2,875.00 0 $0.00 0 $0.00 103 CY 125 $39.50 $4,937.50 0 $0.00 0 $0.00 104 CY 1500 $24.75 $37,125.00 0 $0.00 0 $0.00 105 SY 6300 $5.25 $33,075.00 0 $0.00 0 $0.00 106 ACRE 2 $1,108.00 $2,216.00 0 $0.00 0 $0.00 107 ACRE 0.2 $777.00 $155.40 0 $0.00 0 $0.00 108 SY 2400 $1.35 $3,240.00 0 $0.00 0 $0.00 109 LF 800 $2.10 $1,680.00 0 $0.00 0 $0.00 110 LF 700 $15.50 $10,850.00 0 $0.00 0 $0.00 111 EACH 4 $1,400.00 $5,600.00 0 $0.00 0 $0.00 $1,576,039.15 $195,993.90 $195,993.90 TOTALS $1,576,039.15 $195,993.90 $195,993.90 Seeding (Seed Mixture Type 25‐131) Seeding (Seed Mixture Type Basin) Erosion Control Blanket Category 3N Sediment Control Log 6' Wide Agg. Lime Walking Trail Temporary Rock Construction Entrance Truncated Domes Traffic Control Sign Panels, Type C Sign, Type Special (Street Name) Silt Fence, Preassembled Storm Drain Inlet Protection Filter Topsoil Borrow (Pulverized) (LV) Common Topsoil Borrow (Pulverized) (LV) Sodding, Type Mineral 16" Water Main DIP ‐ CL 52 (Poly Encased) Water Main Fittings Random Rip‐Rap, Class III (includes Geotextile Fabric) 5" Concrete Walk 6" Concrete Walk ‐ Pedestrian Ramp B612 Concrete Curb & Gutter B618 Concrete Curb & Gutter 6" Concrete Driveway Pavement 8" Concrete Driveway Pavement Connect to Existing Water Service Hydrant 6" Gate Valve & Box 8" Gate Valve & Box 16" Butterfly Valve & Box 1" Type K Copper Pipe 2" Type K Copper Pipe 6" Water Main DIP ‐ CL 52 (Poly Encased) 8" Water Main DIP ‐ CL 52 (Poly Encased) SUBTOTAL ‐ DIVISION 1 STAFF REPORT DATE: July 18, 2017 CONSENT ITEM #: AGENDA ITEM: 2017 Street Improvements – Pay Request No. 1 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 1 for the 2017 Street Improvements? BACKGROUND: Hardrives, Inc. was awarded a construction contract on May 16, 2017 to complete the 2017 Street Improvements project. The substantial completion date for the project is September 22, 2017. PROPOSAL DETAILS/ANALYSIS: Hardrives, Inc., has submitted Partial Pay Request No. 1 in the amount of $56,749.57. 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 $2,986.82. 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. 1 for the 2017 Street Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 1 to Hardrives, Inc. in the amount of $56,749.57 for the 2017 Street Improvements project”. ATTACHMENTS: 1.Partial Pay Estimate No. 1. 10 PARTIAL PAY ESTIMATE NO. 1 2017 STREET IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.135 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $4,226.26 $4,226.26 1.00 $4,226.26 1.00 $4,226.26 2 LS 1 $1,890.12 $1,890.12 1.00 $1,890.12 1.00 $1,890.12 3 LF 180 $2.63 $473.40 0.00 $0.00 0.00 $0.00 4 EA 39 $90.00 $3,510.00 12.50 $1,125.00 12.50 $1,125.00 5 EA 11 $231.01 $2,541.11 15.00 $3,465.15 15.00 $3,465.15 6 EA 11 $126.01 $1,386.11 15.00 $1,890.15 15.00 $1,890.15 7 CY 2,080 $10.00 $20,800.00 0.00 $0.00 0.00 $0.00 8 SY 10,330 $4.40 $45,452.00 0.00 $0.00 0.00 $0.00 9 SY 2,140 $1.95 $4,173.00 0.00 $0.00 0.00 $0.00 10 EA 10 $472.53 $4,725.30 0.00 $0.00 0.00 $0.00 $89,177.30 $12,596.68 $12,596.68 1 LF 281 $5.25 $1,475.25 47.00 $246.75 47.00 $246.75 2 EA 12 $420.02 $5,040.24 2.00 $840.04 2.00 $840.04 3 EA 1 $420.02 $420.02 0.00 $0.00 0.00 $0.00 4 EA 13 $159.82 $2,077.66 0.00 $0.00 0.00 $0.00 5 EA 13 $659.11 $8,568.43 0.00 $0.00 0.00 $0.00 6 LF 66 $31.50 $2,079.00 38.00 $1,197.00 38.00 $1,197.00 7 LF 1,773 $32.55 $57,711.15 829.00 $26,983.95 829.00 $26,983.95 8 LF 20 $60.90 $1,218.00 0.00 $0.00 0.00 $0.00 9 EA 5 $945.06 $4,725.30 0.00 $0.00 0.00 $0.00 10 EA 1 $2,205.12 $2,205.12 0.00 $0.00 0.00 $0.00 11 EA 4 $1,732.60 $6,930.40 2.00 $3,465.20 2.00 $3,465.20 12 EA 17 $2,058.11 $34,987.87 7.00 $14,406.77 7.00 $14,406.77 13 CY 39 $89.25 $3,480.75 0.00 $0.00 0.00 $0.00 14 LF 220 $17.85 $3,927.00 0.00 $0.00 0.00 $0.00 $134,846.19 $47,139.71 $47,139.71 1 LF 310 $1.00 $310.00 0.00 $0.00 0.00 $0.00 2 LF 130 $1.65 $214.50 0.00 $0.00 0.00 $0.00 3 SY 680 $4.12 $2,801.60 0.00 $0.00 0.00 $0.00 4 SY 220 $7.49 $1,647.80 0.00 $0.00 0.00 $0.00 5 SY 41,776 $1.35 $56,397.60 0.00 $0.00 0.00 $0.00 6 CY 4,062 $9.47 $38,467.14 0.00 $0.00 0.00 $0.00 7 LF 3,174 $1.01 $3,205.74 0.00 $0.00 0.00 $0.00 8 CY 370 $0.01 $3.70 0.00 $0.00 0.00 $0.00 9 RS 121 $250.00 $30,250.00 0.00 $0.00 0.00 $0.00 10 SY 893 $18.00 $16,074.00 0.00 $0.00 0.00 $0.00 11 TN 4,380 $48.75 $213,525.00 0.00 $0.00 0.00 $0.00 12 TN 3,290 $51.45 $169,270.50 0.00 $0.00 0.00 $0.00 13 GAL 2,020 $1.25 $2,525.00 0.00 $0.00 0.00 $0.00 14 LF 9,560 $2.60 $24,856.00 0.00 $0.00 0.00 $0.00 15 LF 20,997 $10.25 $215,219.25 0.00 $0.00 0.00 $0.00 16 EA 3 $523.98 $1,571.94 0.00 $0.00 0.00 $0.00 17 SY 220 $50.61 $11,134.20 0.00 $0.00 0.00 $0.00 18 LF 2,000 $9.60 $19,200.00 0.00 $0.00 0.00 $0.00 19 EA 20 $230.00 $4,600.00 0.00 $0.00 0.00 $0.00 20 EA 2 $1,454.34 $2,908.68 0.00 $0.00 0.00 $0.00 $814,182.65 $0.00 $0.00 TOTALS ‐ BASE CONTRACT $1,038,206.14 $59,736.39 $59,736.39 4" PERFORATED PVC EDGE DRAIN DRAINTILE CLEANOUT 15" FLARED END SECTION 18" FLARED END SECTION CATCH BASIN TYPE 404 CATCH BASIN/MANHOLE TYPE 406 RIP RAP INCL. GEOTEXTILE GRADE TO DRAIN BITUMINOUS MATERIAL FOR TACK COAT REMOVE & DISPOSE OF EXISTING CONCRETE CURB AND GUTTER, ALL TYPES REMOVE & DISPOSE OF EXISTING BITUMINOUS PAVEMENT (DRIVEWAY) SUBTOTAL ‐ DIVISION 2 REMOVE & DISPOSE OF EXISTING CONCRETE PAVEMENT (DRIVEWAY) RECLAIM EXISTING BITUMINOUS AND BASE MATERIALS (8" DEPTH INCL. BIT. CURB) (P) DIVISION 3 ‐ STREET IMPROVEMENTS ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 ‐ GENERAL MOBILIZATION REMOVE & DISPOSE OF ENERGY DISSIPATION STRUCTURE REMOVE CATCH BASIN CASTING R‐3067 CATCH BASIN CASTING 12" RCP STORM SEWER PIPE 15" RCP STORM SEWER PIPE 18" RCP STORM SEWER PIPE TRAFFIC CONTROL SILT FENCE INLET PROTECTION CLEAR TREE GRUB TREE IMPORT AND PLACE TOPSOIL BORROW SODDING SEED, MULCH, & FERTILIZER REINSTALL PROPERTY CORNER DIVISION 2 ‐ STORM SEWER IMPROVEMENTS REMOVE & DISPOSE OF EXISTING STORM SEWER (ALL SIZES AND TYPES, INCL. END SECT REMOVE & DISPOSE OF EXISTING STORM SEWER STRUCTURE SUBTOTAL ‐ DIVISION 1 SAWCUT BITUMINOUS OR CONCRETE HAUL OUT EXCESS RECLAIMED MATERIAL (LV) 2' AGGREGATE SHOULDERING SUBTOTAL ‐ DIVISION 3 SUBGRADE CORRECTION SUBGRADE PREPARATION OF RECLAIMED SURFACE (P) BITUMINOUS DRIVEWAY PAVEMENT MANHOLE UPPER SECTION REHABILITATION SAW AND SEAL STREET (40' INTERVALS) BITUMINOUS NON‐WEARING COURSE BITUMINOUS WEARING COURSE CONCRETE CURB AND GUTTER, ALL TYPES 6" CONCRETE FLUME (ALL TYPES) 6" CONCRETE DIRVEWAY PAVEMENT STAFF REPORT DATE: July 18, 2017 CONSENT ITEM #: 11 AGENDA ITEM: 2017 Mill and Overlay Project – Accept Bids and Award Contract SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Amanda Groh, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council accept bids and award a contract for the 2017 Mill and Overlay Project? BACKGROUND: Each year the City implements preventive maintenance work on the public streets consisting of minor reconstruction and subgrade correction, resurfacing, mill and overlays, crack sealing, seal coating, and patching. The annual Preventive Street Maintenance Program employs a cost effective approach for street repairs to extend the life expectancy of the pavements. Streets selected for the Preventive Street Maintenance Program are determined by using a pavement management system where each street pavement in the City is assigned a condition rating based on visual inspection of the pavement distresses and observed deterioration. The number of streets selected each year is dependent upon the amount of funding available for the program. Streets that have exceeded their life expectancy and can no longer be effectively maintained are programed for reconstruction in the City’s Capital Improvement Program. For 2017, the following streets were identified for mill and overlay improvements: • 31st Street from CSAH 6 (Stillwater Boulevard) to CSAH 14 (Stillwater Blvd.), including 400 feet of full depth patching. • 43rd Street from Kirkwood Avenue to CSAH 17 (Lake Elmo Avenue). A “mill & overlay” is a street maintenance technique that requires the removal of the top pavement layer of the street by the grinding action of a large milling machine. After the top layer is removed, a new layer of bituminous pavement is placed. Prior to the mill and overlay, localized areas with significant distress and potential subgrade failure are corrected by completing a full depth patch (removal and replacement of the entire aggregate base and pavement layers). The mill and overlay will remove the surface distresses, improve ride quality, and will preserve the lower portion of the pavement. Cracks that extend the full depth of the pavement are likely to reflect into the new pavement within two years of construction. PROPOSAL DETAILS/ANALYSIS: Bids were received, publicly opened, and read aloud on Thursday, July 6, 2017. A Tabulation of Bids and a letter of recommendation for the award of the Contract has been prepared and attached. The City received 4 bids for this project, with Hardrives, Inc. providing the lowest bid in the amount of $156,695.40. The City Engineer is recommending that the City Council award the Contract to the lowest responsible bidder, Hardrives, Inc. as outlined in the attached letter. The Project was advertised on QuestCDN.com and in the Oakdale-Lake Elmo Review in accordance with the Minnesota Competitive Bidding requirements. FISCAL IMPACT: Approval of this resolution commits the City Council to enter into a construction contract for the project with a construction contract amount of $156,695.40. The total estimated project cost is $167,000.00 to be paid from the Street Maintenance fund. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Resolution No. 2017-, thereby accepting bids and awarding a contract to Hardrives, Inc., in the amount of $156,695.40 for the 2017 Mill and Overlay Project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Resolution No. 2017–78, accepting bids and awarding a contract to Hardrives, Inc., in the amount of $156,695.40 for the 2017 Mill and Overlay Project.” ATTACHMENTS: 1. Resolution No. 2017-78 Accepting Bids and Awarding a Contract. 2. Engineer’s Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-78 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2017 MILL AND OVERLAY PROJECT WHEREAS, pursuant to an advertisement for bids for the 2017 Mill and Overlay Project, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittal were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Hardrives, Inc., for the amount of $156,695.40. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. That the Mayor and City Clerk and hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible Base Bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE EIGHTEENTH DAY OF JULY 2017. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk July 10, 2017 Honorable Mayor and City Council City of Lake Elmo, Minnesota 2017 Mill and Overlay Project City of Lake Elmo, Minnesota FOCUS Project No. 2017.151 Dear Mayor and City Council: Bids for the 2017 Mill and Overlay Project, were received on July 6, 2017, at 3:00 PM with the following results: Contractor Base Bid Hardrives, Inc. $156,695.40 Valley Paving $175,435.00 Park Construction Company $183,107.00 Bituminous Roadways $232,196.60 Engineer’s Estimate $187,074.50 A complete Tabulation of Bids is enclosed for your information. We recommend that you award the Contract to the lowest responsible bidder, Hardrives for their total bid of $156,695.40. Please contact me with any questions you may have. Sincerely, Amanda E. Groh, P.E. Project Engineer Enclosure cc: Jack Griffin, City Engineer FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 TABULATION OF BIDS 2017 MILL AND OVERLAY PROJECT LAKE ELMO, MN PROJECT NO. 2017.151 BIDS OPENED: JULY 6, 2017 3:00PM ITEM NO. ITEM UNIT QUANTITY Unit Price Total Amount Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION LS 1.00 8,900.00$               8,900.00$                    8,500.00$                    8,500.00$                    $8,640.00 8,640.00$                   $12,800.00 12,800.00$                  20,194.00$             20,194.00$                2 TRAFFIC CONTROL LS 1.00 4,600.00$              4,600.00$                   1,500.00$                   1,500.00$                  $1,575.00 1,575.00$                 $1,560.00 1,560.00$                   6,906.00$              6,906.00$                 3 SILT FENCE LF 800.00 2.25$                      1,800.00$                   0.01$                           8.00$                          $2.17 1,736.00$                 $1.90 1,520.00$                   4.30$                      3,440.00$                 4 SAWCUT PAVEMENT (ALL TYPES) LF 104.00 2.50$                      260.00$                      2.55$                           265.20$                     $8.00 832.00$                    $4.85 504.40$                      4.90$                      509.60$                     5 MILL 2" OF EXIST. BITUMINOUS PAVEMENT SY 5,640.00 2.00$                      11,280.00$                2.00$                           11,280.00$               $1.14 6,429.60$                 $1.85 10,434.00$                 2.30$                      12,972.00$               6 MILL 2.5" OF EXIST. BITUMINOUS PAVEMENT SY 6,970.00 2.25$                      15,682.50$                2.50$                           17,425.00$               $1.34 9,339.80$                 $2.20 15,334.00$                 3.10$                      21,607.00$               7 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT SY 1,160.00 2.25$                      2,610.00$                   5.95$                           6,902.00$                  $2.75 3,190.00$                 $3.25 3,770.00$                   3.50$                      4,060.00$                 8 REMOVE AND REPLACE CLASS 6, AGGREGATE BASE, 100%  CRUSHED LIMESTONE TN 420.00 18.00$                     7,560.00$                    5.00$                            2,100.00$                    $33.55 14,091.00$                 $30.15 12,663.00$                  36.50$                     15,330.00$                9 TYPE SP 12.5 BITUMINOUS NON‐WEARING COURSE (SPNWB230B) TN 140.00 57.00$                    7,980.00$                   60.00$                        8,400.00$                  $60.78 8,509.20$                 $65.50 9,170.00$                   58.00$                    8,120.00$                 10 SYPE SP 9.5 BITUMINOUS WEARING COURSE (SPWEA330B) TN 1,840.00 60.00$                    110,400.00$              51.75$                        95,220.00$               $56.57 104,088.80$            $55.65 102,396.00$              59.00$                    108,560.00$             11 BITUMINOUS MATERIAL FOR TACK COAT GAL 960.00 3.00$                      2,880.00$                   1.40$                           1,344.00$                  $1.36 1,305.60$                 $1.70 1,632.00$                   3.70$                      3,552.00$                 12 IMPORT AND PLACE TOPSOIL (LV) CY 160.00 20.00$                    3,200.00$                   5.00$                           800.00$                     $54.24 8,678.40$                 $30.15 4,824.00$                   52.00$                    8,320.00$                 13 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 1,880.00 2.15$                      4,042.00$                   0.35$                           658.00$                     $1.68 3,158.40$                 $2.30 4,324.00$                   8.50$                      15,980.00$               14 STRIPING ‐ 4" YELLOW EPOXY LF 1,960.00 1.00$                      1,960.00$                   0.39$                           764.40$                     $0.61 1,195.60$                 $0.37 725.20$                      0.45$                      882.00$                     15 STRIPING ‐ 4" WHITE EPOXY LF 3,920.00 1.00$                      3,920.00$                   0.39$                           1,528.80$                  $0.68 2,665.60$                 $0.37 1,450.40$                   0.45$                      1,764.00$                 TOTAL BASE BID 187,074.50$              156,695.40$              175,435.00$             183,107.00$              232,196.60$             Park Construction CompanyEngineer's Estimate Bituminous RoadwaysHardrives, Inc Valley Paving, Inc. PROJECT SCHEDULE  CITY OF LAKE ELMO    2017 MILL AND OVERLAY PROJECT  PROJECT NO. 2017.151    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    JUNE 15, 2017  Placement of Advertisement for Bids.      –Oakdale‐Lake Elmo Review. Publication on June 15      – Quest CDN. Publication on June 15    JULY 6, 2017  Receive Contractor bids.    JULY 18, 2017  Council accepts bids and awards Contract.      AUGUAT 3, 2017  Conduct Pre‐construction meeting and Issue Notice to Proceed.       AUGUST 7, 2017  Contractor begins Work.      OCTOBER 6, 2017  Substantial Completion of Work; including paving and restoration.       OCTOBER 31, 2017  Final Completion of Work; including punchlist and final documentation.  STAFF REPORT DATE: July 18, 2017 CONSENT IT EM #: AGENDA ITEM: CSAH 13 (Ideal Avenue) Improvements – Approve Cooperative Agreement Payment No. 1 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Payment No. 1 for the CSAH 13 (Ideal Avenue) Improvements? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: In May 2017, the City of Lake Elmo entered into Cooperative Agreement No. 10904 with Washington County for the cost sharing of the CSAH 13 (Ideal Avenue) Improvements. In accordance with the agreement payment schedule, Washington County has submitted Invoice #124891 in the amount of $67,250.88. The amount requested reflects the total design engineering payment due and 10% of the estimated construction costs which is consistent with the cooperative agreement. The invoice has been reviewed and payment is recommended in the amount requested. FISCAL IMPACT: No additional fiscal impact. Payment is proposed in accordance with Cooperative Agreement No. 10904 with Washington County. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, payment to Washington County in the amount of $67,250.88 for the CSAH 13 (Ideal Avenue) Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve payment to Washington County in the amount of $67,250.88 for CSAH 13 (Ideal Avenue) Improvements in accordance with Invoice #124891 attached and per Section G of Cooperative Agreement No. 10904.” ATTACHMENTS: 1. Washington County Invoice No. 124891 and supporting detail. 12 CSAH 13 ‐ TH 5 to CSAH 35 ‐ Billing Summary City of Lake Elmo County/City Cooperative Agreement #10904 Initial Billing 7/6/2017 Estimated  Cost  (from Cooperative  Agreement) Current Cost  (based on Bid) Previously Paid Current Amount  Due Construction (initial 10%)328,120.80$                   28,251.71$            ‐$                        28,251.71$            Design Engineering 38,999.17$                     38,999.17$            ‐$                        38,999.17$            Construction Engineering/Contract Administration 16,419.42$                     ‐$                        ‐$                        ‐$                        Right of Way           Road Improvements (36.1%)96,855.00$                     ‐$                        ‐$                        ‐$                                  Storm Pond (20%)68,000.00$                     ‐$                        ‐$                        ‐$                        TOTAL 548,394.39$                   67,250.88$            ‐$                        67,250.88$            STAFF REPORT DATE: July 18, 2017 CONSENT ITEM #: 13 AGENDA ITEM: Wellhead Protection Plan Part 2: Authorize Professional Services SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer Rob Weldon, Public Works Director ISSUE BEFORE COUNCIL: Should the City Council authorize professional services to complete the City of Lake Elmo’s Wellhead Protection Plan Part 2? BACKGROUND: The City of Lake Elmo has been notified by the Minnesota Department of Health (MDH) that it is required to review and amend its Wellhead Protection Plan (WHP) by July 30, 2018 in accordance with the Safe Drinking Water Act (SDWA) and Minnesota Rules. Wellhead protection is a way to prevent drinking water from becoming polluted by managing potential sources of contamination in the area which supplies water to a public well. In Minnesota, wellhead protection planning is completed in two phases. Part I includes the delineation of the wellhead protection area and drinking water supply management area (DWSMA), as well as an assessment of the wellhead area vulnerability. The Lake Elmo WHP Part 1 Plan was recently updated by staff at the Minnesota Department of Health. The Wellhead Protection Plan Part 2 includes the creation of the wellhead protection plan itself, including goals, objectives, plan of action, evaluation program and contingency planning. More specifically it includes an inventory of potential sources of contamination and other threats within the DWSMA for each of the Cities four water supply wells; it serves to identify activities to reduce the risk from potential sources of contamination and other threats to the water supply; and it develops a plan for an alternative supply in case of contamination or mechanical failure. The City last updated their WHP Plan in 2008. Since that time the City has added Municipal Well No. 4 and the wellhead protection areas of Well No. 1 and Well No. 2 have been expanded. PROPOSAL DETAILS/ANALYSIS: The city engineer prepared and sent out a Request for Proposal (RFP) for Professional Services to complete the required plan. The RFP was sent to three firms including Barr Engineering, Bayerl Water Resources, and WSB and Associates. Proposals were received on July 10, 2017 and were ranked as follows: • Project Team Qualification. • Demonstrated understanding and experience with preparing Wellhead Protection Plans. • Understanding the scope of work and roles and responsibilities of the Consultant. • Professional Services Fee that is consistent with the Consultant’s written proposal and the needs for delivery of a successful plan. The Proposal Fees received were as follows: • Bayerl Water Resources - $7,980. • WSB Associates - $19,974. • Barr Engineering - $20,765. The city engineer is recommending a contract be awarded to Bayerl Water Resources. FISCAL IMPACT: $7,980 for professional services to complete the plan as required by Minnesota Department of Health. RECOMMENDATION: Staff is recommending that the City Council award, as part of the Consent Agenda, a Professional Services Contract to Bayerl Water Resources to complete the Wellhead Protection Plan: Part 2. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to award a Professional Services Contract to Bayerl Water Resources to complete the Wellhead Protection Plan: Part 2”. ATTACHMENTS: 1. Minnesota Department of Health WHP Scoping Decision Notice dated May 4, 2017. STAFF REPORT DATE: 7-18-17 CONSENT ITEM #: 14 MOTION TO: City Council FROM: Michael Bent, Building Official, Stephen Wensman, Planning Director AGENDA ITEM: Approve Building and Planning Regulations Fee Schedule Revisions REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City has historically adopted the building permit fee schedule referenced in State Statute 326B.153. The 326B.153 statute now references Statute 326B.107 and has been modified to only reflect fees that apply to permits for public buildings and state licensed facilities. Statute 326B.107, Subd. 4 allows municipalities with delegation agreement the authority to charge their customary fee. The City of Lake Elmo has not historically adopted a specific fee schedule, rather, the City has only referenced statute. With the development levels currently underway and the recent changes to state statute, the city should maintain local control of permit fees in order for those fees to remain consistent and fair. The fee schedule revisions hereto reflect current fee amounts already approved and in effect. These changes merely adopt the fee amount specifically, not by reference to state statute. In the interest of organizing the building regulation fees, all fees associated with the Building Regulations have been listed in the fee schedule under the heading ‘Building Regulations’. During the recent review and reorganization of the city fee schedule, several items were noted for revision to the Building Regulations and Planning Regulations to more accurately reflect consistency and accuracy in service delivery against the fee for service as well as allow for security amounts commensurate with the proposed work. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Ordinance 08-182 which adopts the Building Regulations and permit fees specifically, reorganizes the Building Regulation Fees under the heading ‘Building Regulations’ and approve the revisions to the Building and Planning Fee schedule as proposed in the City Fee Schedule. PROPOSAL DETAILS/ANALYSIS: Historically the building permit fee schedule has referenced state statute 326B.153. That statute has changed effective 01 July, 2017 to reflect permit fees for public buildings and state licensed facilities. The City is best served by adopting a fee schedule specifically as opposed to by reference of state statute. A fee schedule adopted by reference is subject to change by the state with no input from the City. Local control and consistency is better served by adopting the schedule locally. The attached revised fee schedule reflects the changes including the specific fee schedule, reorganization of all fees related to Building Regulations including strikeouts of items relocated to the Building Regulations section. In addition to the above: the following specific revisions are proposed as follows: City Council Meeting - July 18, 2017 Regular Agenda item #14 Page 2 1.Moving House/Accessory Structure into the City has been changed from a flat fee to a fee based on the valuation of the work. 2.Annual retail fireworks permit fee added for retail sales for retailers selling only fireworks. 3. Outdoor Public Fireworks Display permit added. 4. Residential Adult Care/Foster Care/Adoption Inspection fee added. 5.Inspection Fee outside normal work hours revised to more accurately reflect cost of service. 6.Re-inspection Fee revised to more accurately reflect cost of service. 7.Swimming Pool Permit added, previously considered a building permit project based on value, and revised to a flat fee basis to more accurately reflect the review and inspections involved. 8.Retaining wall over 4’ revised from a flat fee to a fee based on valuation. 9.Planning and Zoning Review fee added for all new residential construction permits to accurately reflect the cost for planning/zoning/setback review. 10. Adding a $2500 land use escrow to Environmental Review to cover consultant reviews 11. Changing the security amount for Excavating and Grading >400 cu yd to: “security amount as determined by the Planning Department” to allow for a range and variety of site conditions and the cost considerations from project to project. 12. Changing Commercial Parking Lot fee to $200, (eliminating the new and existing differential) and requiring “security as determined by the Planning Department” to allow for variable costs/considerations from project to project. 13.Eliminating the separate platting fees for OP developments. These developments should be charged the standard plat and PUD fees. FISCAL IMPACT: The proposed fee schedule revision/adoption does not have a negative nor positive fiscal impact. The fee amounts do not change, rather are adopted locally instead of by reference to state statute. The fee revisions proposed will have a positive revenue impact, based on approx. 100 +/- new construction residential permits yet to be issued in 2017, the fiscal impact will be approx. $10,000.00 in revenue from the Planning/Zoning/Setback Review. OPTIONS: 1.Adopt Ord. 08-182 as presented. 2.Amend Ord.. 08-182and adopt as amended. 3.Do not adopt Ord.08-182. RECOMMENDATION: Staff recommends the City Council adopt Ord. 08-182, Approve Building and Planning Regulations Fee Schedule Revisions as proposed as part of the consent agenda. If removed from the consent agenda, Staff recommends the following motion: “Motion to adopt Ord. 08-182 approving Building and Planning Regulations Fee Schedule Revisions” And: "Motion to adopt Resolution 2017-079 Authorizing Summary Publication of Ordinance 08-182" ATTACHMENTS: Revised and Reformatted Fee Schedule Ordiannce 08-182 Resolution 2017-079 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-182 AN ORDINANCE ADOPTING A FEE SCHEDULE FOR THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains: SECTION I. Schedule Adopted. The attached fee schedule is hereby adopted. SECTION II. Not Codified. This ordinance is transitory in nature and shall not be codified in the City Code. This ordinance and the fee schedule established hereby shall be placed on file and available for public inspection at City Hall. SECTION III. Effect. The fees set out in the attached fee schedule apply notwithstanding any other fees the City has established which may be inconsistent. Any other fees imposed by the City which do not appear on the attached fee schedule remain in full force and effect. SECTION IV. Effective Date. This ordinance shall become effective upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION V. Adoption Date. This Ordinance No. 08-182 was adopted on this 18th day of July, 2017, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk This Ordinance was published on the day of , 2017. 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2017-079 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-182 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08- 182, an ordinance amending the City Code of Ordinances by amending the City’s provisions related to the City Council; and WHEREAS, the Ordinance includes a chart 10 pages in length; and WHEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the Ordinance; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-182 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. 08-182, which amends the City’s 2017 Fee Schedule to revise the building and planning fee schedule. The full text of Ordinance No. 08-182 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the Ordinance at City Hall for public inspection and that a copy be placed for public inspection at the Lake Elmo Public Library. Dated: July 18, 2017. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk (SEAL) City of Lake Elmo Fee Schedule 2017 1 APPLICATION/FEE/PERMIT   TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT  Amateur Radio Antenna $875.00 Planning  Appeal (to Board of Adjustment and Appeals) $250.00 Administration  Bee Keeping Permit $25.00  Valid for 2 years from issuance Administration  Building Demolition Administration  Residential $200.00 Plus Surcharge (State Mandated) Building  Commercial $300.00 Building  Burning Permit Fire  Residential $45.00 Fire  Commercial $80.00 Fire  Illegal Burn see notes → Additional fees may be incurred based on Wash. Cty. Chief's fee schedule and # of responding units Fire  Chicken Keeping Permit $25.00  Initial permit expires on 12/31 of 2nd year. Administration  Comprehensive Plan Amendment $1,300.00  Land Use Escrow $2500 Planning  Conditional Use Permit (CUP) Wireless Communication Facilities Fee Escrow $6,000.00. Flood  Plain Ordinance Fee Escrow $500.00 Land Use Escrow $2500  Planning  New $1,050.00 Planning  Amended $500.00 Planning  Contractor License Fees Licensing  Demolition $50.00 Licensing  Driveway $50.00 Licensing  Excavator $50.00 Licensing  HVAC $50.00 Licensing  Irrigation $50.00 Licensing  Sewer/Water Line Installer $50.00 Licensing  Sign Installer $50.00 Licensing  Solid Waste Hauler $120.00 Licensing  Copy Services (Paper/Electronic) Administration  Copies (B&W) $0.25 per page 100 pages or more are charged at actual cost of production  Administration  Copies (Color) $0.50 per page 100 pages or more are charged at actual cost of production  Administration  Copies (B&W) 11x17 $1.00 per page 100 pages or more are charged at actual cost of production  Administration  Copies (Color) 11x17 $2.00 per page 100 pages or more are charged at actual cost of production  Administration  Data DVD Fee $15.00 Administration  GIS Scaled Aerial $25.00 Administration  Existing Maps $5.00 Administration  Custom (Per Hour Rate) $70.00 Administration  Plan Size Maps (Larger than 11x17) $15.00 Administration  City of Lake Elmo Fee Schedule 2017 2 APPLICATION/FEE/PERMIT   TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT  Development Standards Specs/Details $55.00 Administration  Video reproduction $10.00 Administration  Culverts in Developments with Rural Section $160.00 Administration  Daycare Inspection Fee $50.00 Building  Dog License‐ altered $20.00 Licensing  Dog License‐ unaltered $25.00 Licensing  Dog License‐ late fee $2.50 per month Maximum $10  Licensing  Service Dog License No Charge Licensing  Duplicate License or Tag $1.00 Licensing  First Impound‐ Unlicensed Dog $60.00 All Impound Fees plus $20/day Boarding Fee  Licensing  First Impound‐ Licensed Dog $42.00 Licensing  First Impound‐ Cat $42.00 Licensing  Subsequent dog/ cat impound $85.00 Licensing  Driveway Planning  Residential $70.00 Planning  Commercial $160.00 Planning  Easement Encroachment $100.00  Staff & Recording Fee Planning  Electronic Fund Withdrawl/Bill Payment Fee + Trans. Charge Administration  Environmental Review (EAW/EIS) $1,500.00  Village Area AUAR Fee $230.00  Per REC Unit. To be charged to development applications that  increase the number of REC units above existing conditions  within the Village AUAR Area. The fee will be based on the  difference between the proposed and existing REC units. Fee to  be paid as part of a developer’s agreement for larger projects or  at the time a building permit is issued for smaller projects. Once  paid, the same land will not be charged again. Planning  Erosion Control Building  Re‐inspection Fee (portal to portal from City Hall: 1 Hr. min) $50.00 per hour  $5,000.00 Security Building  Excavating & Grading ≥ 50 cubic yards, up to 400 cubic yds $125.00  Security $500.00 Building  Excavating & Grading ≥ 400 cubic yards/acre of site area $500.00 $500.00 fee escrow plus security $1,500.00 per acre with $1,500 minimum.Engineering  False Alarms (12 Month Period)* (*1‐3 no charge) Fire  Residential Fire  City of Lake Elmo Fee Schedule 2017 1 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Amateur Radio Antenna $875.00 Planning Appeal (to Board of Adjustment and Appeals)$250.00 Administration Bee Keeping Permit $25.00 Valid for 2 years from issuance Administration Building Regulations *State Sur Charge Collected per MN Statute 326B.148 on all permits Building Building Permit Fee Schedule Total Valuation $1.00 to $500.00 $29.50 Building $501.00 to $2,000.00 $28.00 for the first $500.00 plus $3.70 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $83.50 for the first $2,000.00 + $16.55 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $464.15 for the first $25,000.00 + $12.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $764.15 for the first $50,000.00 + $8.45 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $1,186.65 for the first $100,000.00 + $6.75 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,886.65 for the first $500,000.00 + $5.50 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $6,636.65 for the first $1,000,000.00 + $4.50 for each additional $1,000.00, or fraction thereof.Building Planning and Zoning Compliance Review and Verification $100.00 Building Plan Review Fee 65% of building permit fee Building Plan review for similar plans 25% of normal building permit fee (MN Rules 1300.0160 subp. 5)Building Single Family Decks Fee based on Valuation Building Single Family Residential Basement Finish Fee Based on Valuation Building Swimming Pool In-Ground $150.00 Building Swimming Pool Above-Ground $75.00 Building Reinspection Fee $75.00 Building Inspection outside normal business hours $120.00 per hour - 2 hour minimum Building Investigation fee - work started without required permit Equal to permit fee amount Building Replace Inspection Record Card $25.00 Building Additional Plan Review required by changes, addendum or revisions to plans $75.00 per hour, one hour minimum Building Building Demolition - Residential $200.00 Building Building Demolition - Commercial $300.00 Building Fuel Tank Removal (Underground)$250.00 Building Fuel Tank Installation 2% Value of the work Building Roofing - Residential Fee Based on Valuation Building Roofing - Commercial Fee Based on Valuation Building Siding - Residential Fee Based on Valuation Building City of Lake Elmo Fee Schedule 2017 2 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Siding - Commercial Fee Based on Valuation Building Retaining Walls over 4'Fee Based on Valuation Building Commercial Plumbing $60.00 per unit, Up to 3 Units or 1.5% Value of work, whichever is greater Building Residential Plumbing $60.00 per Unit, max fee $180.00 Building Sewer Service Installation Inspection $60.00 Building Water Service Installation Inspection $60.00 Building Sewer & Water Service Installation Inspection when completed together $60.00 Building Investigation fee - Plumbing work started without required permit Equal to permit fee amount Building Commercial HVAC $60.00 per unit, Up to 3 Units or 1.5% Value of work, whichever is greater Building Residential HVAC $60.00 per Unit, max fee $180.00 Building Fireplace Installation $60 per unit Building Investigation fee - HVAC work started without required permit Equal to permit fee amount Building Manufactured Home Move In $200.00 Building Manufactured Home Move Out $200.00 Building Moving House or Primary Structure into the City 2% Value of the Work plus security amount determined by the Building Official Building Moving Accessory Structure into the City 2% Value of the Work plus security amount determined by the Building Official Building Automatic Fire Extinguishing Systems 2% Value, $100.00 minimum Building Investigation fee - Fire Suppression work started without required permit Equal to permit fee amount Building Fire Alarm Systems 2% Value, $100.00 minimum Building Investigation fee - Fire Alarm work started without required permit Equal to permit fee amount Building Annual Retail Consumer Fireworks (retailers only selling fireworks)$350.00 Building Annual Retail Consumer Fireworks (all other retailers)$100.00 Building Outdoor Public Fireworks Display $150.00 Building Residential Day Care Inspections $50.00 Building Residential Adult Care/Foster Care/Adoption Inspections $50.00 Building Escrow Administration Fee $100.00 Building New Single Family Dwelling Construction Escrow $2,000.00 Building Two or more dwelling units per building Construction Escrow $1,000.00 per unit Building Commercial/Industrial and Other structures $5,000.00 or amount detrmined by the Building Official Building City of Lake Elmo Fee Schedule 2017 3 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Building Demolition Administration Residential $200.00 Building Commercial $300.00 Building Burning Permit Fire Residential $45.00 Fire Commercial $80.00 Fire Illegal Burn see notes →Additional fees may be incurred based on Wash. Cty. Chief's fee schedule and # of responding units Fire Chicken Keeping Permit $25.00 Initial permit expires on 12/31 of 2nd year.Administration Comprehensive Plan Amendment $1,300.00 Land Use Escrow $2500 Planning Conditional Use Permit (CUP) Planning New $1,050.00 Planning Amended $500.00 Planning Contractor License Fees Licensing Demolition $50.00 Licensing Driveway $50.00 Licensing Excavator $50.00 Licensing HVAC $50.00 Licensing Irrigation $50.00 Licensing Sewer/Water Line Installer $50.00 Licensing Sign Installer $50.00 Licensing Solid Waste Hauler $120.00 Licensing Copy Services (Paper/Electronic)Administration Copies (B&W)$0.25 per page 100 pages or more are charged at actual cost of production Administration Copies (Color)$0.50 per page 100 pages or more are charged at actual cost of production Administration Copies (B&W) 11x17 $1.00 per page 100 pages or more are charged at actual cost of production Administration Copies (Color) 11x17 $2.00 per page 100 pages or more are charged at actual cost of production Administration Data DVD Fee $15.00 Administration GIS Scaled Aerial $25.00 Administration Existing Maps $5.00 Administration Custom (Per Hour Rate)$70.00 Administration Plan Size Maps (Larger than 11x17)$15.00 Administration Development Standards Specs/Details $55.00 Administration Video reproduction $10.00 Administration Wireless Communication Facilities Fee Escrow $6,000.00. Flood Plain Ordinance Fee Escrow $500.00 Land Use Escrow $2500 Plus Surcharge (State Mandated) City of Lake Elmo Fee Schedule 2017 4 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Culverts in Developments with Rural Section $160.00 Administration Daycare Inspection Fee $50.00 Building Dog License- altered $20.00 Licensing Dog License- unaltered $25.00 Licensing Dog License- late fee $2.50 per month Maximum $10 Licensing Service Dog License No Charge Licensing Duplicate License or Tag $1.00 Licensing First Impound- Unlicensed Dog $60.00 Licensing First Impound- Licensed Dog $42.00 Licensing First Impound- Cat $42.00 Licensing Subsequent dog/ cat impound $85.00 Licensing Driveway Planning Residential $70.00 Planning Commercial $160.00 Planning Easement Encroachment $100.00 Staff & Recording Fee Planning Electronic Fund Withdrawl/Bill Payment Fee + Trans. Charge Administration Environmental Review (EAW/EIS)$1,500.00 $2,500 Land Use escrow Village Area AUAR Fee $230.00 Per REC Unit. To be charged to development applications that increase the number of REC units above existing conditions within the Village AUAR Area. The fee will be based on the difference between the proposed and existing REC units. Fee to be paid as part of a developer’s agreement for larger projects or at the time a building permit is issued for smaller projects. Once paid, the same land will not be charged again.Planning Erosion Control Building Re-inspection Fee (portal to portal from City Hall: 1 Hr. min)$50.00 per hour $5,000.00 Security Building Excavating & Grading ≥ 50 cubic yards, up to 400 cubic yds $125.00 Security $500.00 Building Excavating & Grading ≥ 400 cubic yards/acre of site area $500.00 $500.00 fee escrow plus security $1,500.00 per acre with $1,500 minimum. Security as Determined by the Planning Department Engineering False Alarms (12 Month Period)* (*1-3 no charge)Fire Residential Fire 4-6 False Alarms $110.00 Fire In Excess of 6 False Alarms $185.00 Fire All Impound Fees plus $20/day Boarding Fee City of Lake Elmo Fee Schedule 2017 5 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Commercial Fire 4-6 False Alarms $315.00 Fire In Excess of 6 False Alarms $520.00 Fire Fire Alarm Permit 2% of value plus surcharge; Minimum $100 Building Fire Suppression Permit 2% of value plus surcharge; Minimum $100 Building Flood Plain District Delineation $500.00 Planning Fuel Tank Removal (Underground)$250.00 Plus Surcharge (State Mandated)Administration Fuel Tank Install 2% of value of work Minimum $100.00 Administration HVAC Building Residential $60.00/unit Up to 3 units, max fee $180.00 plus Surcharge (State Mandated)Building Commercial $60.00/unit Up to 3 units or 1% of total valuation, whichever is greater. Plus Surcharge (State Mandated)Building Fireplace Permit $60.00/unit Plus State surcharge (State Mandated)Building Interim Use Permit (IUP)Planning Fee $1,050.00 $2,500.00 Escrow Planning Renewal $300.00 Planning Liquor License Licensing Club On-Sale Intoxicating $100.00 Licensing On-Sale Intoxicating $1,500.00 Licensing Off-Sale Intoxicating $200.00 Licensing Off-Sale Non-Intoxicating $150.00 Licensing On-Sale Intoxicating- 2nd Building $750.00 Licensing On-Sale Non-Intoxicating $100.00 Licensing Investigation $350.00 Licensing On-Sale Sunday Intoxicating $200.00 Licensing Temporary Intoxicating $25.00 Licensing Wine $300.00 Licensing Lot Line Adjustment $325.00 None Planning Manufactured Home Parks Planning Move home out of the city $200.00 Plus Surcharge (State Mandated)Building Move home into the city $200.00 Plus Surcharge (State Mandated)Building Annual License for retail sales of consumer fireworks $100.00 Massage Therapy Premises License Licensing City of Lake Elmo Fee Schedule 2017 6 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Application Fee $100.00 Fee includes one Therapist Licensing Investigation Fee $100.00 Licensing Massage Therapy Practitioner License Licensing Application Fee $50.00 Licensing Investigation Fee $25.00 Licensing Massage Therapy Premises License Renewal $50.00 Fee includes one Therapist Licensing Massage Therapy Practitioner License Renewal $25.00 Licensing Massage Therapy License Amendment $25.00 Licensing Minor Subdivision $525.00 $1,000.00 escrow Planning Moving House or Primary Structure into City $520.00 Plus security w/amount to be determined by the City w/recommendation from building official Administration Moving Accessory Structure into City $305.00 Plus security to be determined by the City w/recommendation from building official Administration Other Inspections and Fees Building Inspection outside of business hours $100.00 (2 Hr. Min.)Building Re-inspection Fees Assessed $50.00 per hour Building Inspections with no fee assigned $50.00 per hour Building Construction Escrow $2,000.00 Or determined by Building Official Building Construction Escrow Administrative Fee $100.00 Building Cancelled or Refunded Permits $25.00 Building Work without Permit see notes Investigative fee to equal permit fee Building Duplicate Inspection Card $25.00 Building Park Dedication Planning Residential - Up to three lots $3,600.00 per lot Four or more lots per §153.14 Planning Commercial $4,500.00 per acre Planning Parking Lots Planning New Commercial 175$200.00 Planning Existing Commercial $200.00 Planning Platting Sketch Plan Review (Subdivision)$500.00 $3,500.00 Fee Escrow Planning Preliminary Plat (Subdivision)$1,850.00 $10,000.00 Fee Escrow Planning Final Plat (Subdivision)$1,250.00 $8,000.00 Fee Escrow Planning $5,000.00 (<100 units) Fee Escrow $7,500.00 (>100 units) Fee Escrow $500 Fee Escrow. Security $1,500.00 per acre with $1,500.00 minimum. Security as Determined by the Planning Department $1,250.00 Planning Concept Plan (OP Development) City of Lake Elmo Fee Schedule 2017 7 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT $5,000.00 (<100 units) Fee Escrow $7,500.00 (>100 units) Fee Escrow $5,000.00 (<100 units) Fee Escrow $7,500.00 (>100 units) Fee Escrow (City will retain escrows to reimburse review costs for each stage of development review) Planning Planned Unit Development Planning General Concept Plan $1,250.00 $7,500.00 Fee Escrow (Waive Subdivision Escrow)Planning Development Stage Plan $1,850.00 $10,000.00 Fee Escrow (Waive Subdivision Escrow)Planning Final Plan $1,250.00 $8,000.00 Fee Escrow (Waive Subdivision Escrow)Planning (City will retain escrows to reimburse review costs for each stage of development review) Planning Plumbing Administration Residential $60.00/unit Up to 3 units, max fee $180.00 plus Surcharge (State Mandated)Building Commercial $60.00/unit Up to 3 units or 1.5% of total valuation, whichever is greater. Plus Surcharge (State Mandated)Building Private Roads (Permitted only in AG zone)$150.00 Planning Restrictive Soils and Wetland Restoration Protection and Preservation Permit $800.00 $1,500.00 Fee Escrow Planning Retaining Walls over 4'$150.00 Plus State Surcharge Building Returned Check (NSF)$25.00 Administration Right-of-Way Permit Engineering Annual Registration $200.00 $5,000.00 Security Engineering Excavation Permit $275.00 + $.60/foot Engineering Joint Trench Permit (per lot per utility)$275.00 + $.60/foot Engineering Obstruction Permit $275.00 Engineering Permit Extension $100.00 Engineering Delay Penalty (per calendar day)$25.00 Engineering Roofing Building Residential see notes Based on valuation + state surcharge Building Commercial see notes Based on valuation + state surcharge Building SAC Charge (City) (Sewer Availability Charge)$3,000.00 Per REC Unit: collected at time of plat for new lot. This fee may be deferred through special assessment for parcels with existing structures.Engineering SAC Charge (Met Council) (Sewer Availability Charge)$2,485.00 Per REC Unit: $2,485.00 to Met Council at time of connection.Engineering $1,850.00 $1,250.00 Preliminary Plat Review (OP Development) Final Plat (OP Development) Planning Planning City of Lake Elmo Fee Schedule 2017 8 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Sewer Connection Charge $1,000.00 Per REC Unit collected at time of plat for new lot. This fee may be deferred through special assessment for parcels with existing structures.Engineering Sewer Lateral Benefit Charge $11,000.00 Per REC Unit connecting to a Trunk Sewer Main and that has never been assessed Engineering Sewer Rate $4.50/1,000 Gal Administration 201 Off-Site Maintenance Fee $75.00/unit/quarter Administration Real Estate Searches $15.00/Search For special assessment or utility search Administration Siding Building Residential see notes Based on valuation + state surcharge Building Commercial see notes Based on valuation + state surcharge Building Signs - Permanent $180.00 Planning Signs - Temporary $75.00 Planning Temporary Renewal $25.00 Planning Re-inspection Fee $25.00 Planning Special Event Permit $75.00 City must be listed as additional insured Planning Fire Suppression Permit 2% of value plus state surcharge; Minimum $100 Building Sprinkler System (Re-Inspection Fee)$50.00 Building Surface Water Administration Residential $50.00 Administration Non-Residential (Commercial etc.)$50.00 Utility rate factor per code Administration Review Fee $125.00 $75 Review/$50 Storm Water Fund Administration Vacations (Streets or Easements)Planning Easements $515.00 $500.00 Fee Escrow Planning Streets $515.00 $500.00 Fee Escrow Planning Variance $750.00 $500.00 Fee Escrow Planning Shoreland Variance $1,500.00 $500.00 Fee Escrow Planning Water Availability Charge (WAC)$3,000.00 Per REC Unit; collected at time of plat for new lot. This fee may be deferred through special assessment for parcels with existing structures. Engineering Water Connection Charge $1,000.00 Per REC Unit, collected at time of plat for new lot. This fee may be deferred through special assessment for parcels with existing structures. Administration City of Lake Elmo Fee Schedule 2017 9 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Water Equipment/Set up Administration Meter (3/4" or less)$350.00 Administration Driveway Curb Stop Lid $100.00 Administration Disconnect Service $80.00 Administration Reconnect Service $80.00 Administration Water Lateral Benefit Charge $5,800.00 Per REC Unit connecting to a Trunk Water Main and that has never been assessed Engineering Water Usage Administration Residential - Quarterly Rate $20.00 Base Administration Residential - Plus Rate per 1,000 Gallons Administration Plus Rate for 0-15,000 Gallons $2.00 Administration Plus Rate for 15,001-30,000 Gallons $2.40 Administration Plus Rate for 30,001-50,000 Gallons $2.88 Administration Plus Rate for 50,001-80,000 Gallons $3.46 Administration Plus Rate for 80,001 + Gallons $4.15 Administration Water Usage Administration Commercial - Quarterly Rate $25.00 Base Administration Commercial - Plus Rate Per 1,000 Gallons Administration Plus Rate for 0 - 15,000 Gallons $3.11 Administration Plus Rate for 15,001 - 30,000 Gallons $3.26 Administration Plus Rate for 30,001 - 50,000 Gallon $3.77 Administration Plus Rate for 50,001 - 80,000 Gallons $5.00 Administration Plus Rate for 80,001 + Gallons $6.63 Administration Water Usage For metered non-irrigation (domestic) consumption Administration Hotel / Motel - Quarterly Rate $25.00 Base Administration Hotel / Motel - Plus Rate Per 1,000 Gallons Administration Plus Rate for 0 -30,000 Gallons $3.11 Administration Plus Rate for 30,001 - 50,000 Gallons $3.26 Administration Plus Rate for 50,001 + Gallons $4.00 Administration Water Usage Delinquent Accounts Administration Regular 6% per quarter Plus $25.00 or 8%, whichever is greater, if certified to County for collection with taxes Administration Storm Water 10% per year Plus $25.00 or 8%, whichever is greater, if certified to County for collection with taxes Administration Additional fees apply to larger sized meters City of Lake Elmo Fee Schedule 2017 10 APPLICATION/FEE/PERMIT TYPE 2017 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Bulk Water Purchase Administration Water from Hydrant $100.00 minumum Plus $3.26/additional 1,000 gallons Administration Sod Installation (New Construction) $100.00 minumum Plus $3.26 per 1,000 gallons. Good for up to 45 days from sod install. Residents must contact the City in advance.Administration Swimming Pool Fill $100.00 minumum Plus $3.26 per 1,000 gallons. Good for up to 45 days from sod ins Administration Wind Generator $850.00 $2,000.00 Fee Escrow Planning Wireless Communication Permit $500.00 $6,000.00 Fee Escrow Planning Zoning Amendment (Text or Map)$1,245.00 $2,500.00 Escrow Planning Zoning Certification Letter $25.00 Planning Zoning Permit - Certificate of Zoning Compliance Planning Accessory Structures < 200 SF $75.00 Planning Fence (less than 6')$75.00 Planning Swimming Pool $75.00 Planning Other $75.00 Definition of Terms Approved by CC 1.3.17; effective 1.1.17 **Security: City will retain a security escrow to ensure completion of work as directed by the approved permit/application and compliance with the State Building Code and the City of Lake Elmo Municipal Code. *Fee Escrow: City will maintain a fee escrow to cover all City review costs. Application fees include all professional fees and expenses incurred by the City. STAFF REPORT DATE: 7/18/2017 CONSENT ITEM #: 15 MOTION TO: City Council FROM: Michael Bent, Building Official AGENDA ITEM: Approve Revisions to City Contractor Licensing Requirements REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City of Lake Elmo licensing of Demolition, Excavator, HVAC, Irrigation, Sewer/Water Line Installation and Sign contractors is redundant regulation for contractors already required to be insured and in most cases, bonded. The building department issues combination permits to general contractors who are required to be licensed by the State of Minnesota. The general contractor pulls all of the permits and is responsible for the work of their subcontractors. The local licensing is burdensome, difficult to track and enforce, and does not provide a significant revenue to the city. Proof of insurance for contractors permitted for individual projects involving any of the trades referenced is adequate safeguards for liability and customer protection. ISSUE BEFORE COUNCIL: The City Council is being asked to Resolution 08-183, deleting the requirement for city licensing of Demolition, Excavator, HVAC, Irrigation, Sewer/Water Line Installation and Sign contractors. PROPOSAL DETAILS/ANALYSIS: Demolition, Excavator, HVAC, Irrigation, Sewer/Water Line Installation and Sign contractor licensing by the City of Lake Elmo is redundant regulatory governance. The revenue generated by the license fees collected is minimal and tracking and enforcement is non-existent. There is no enforcement action in place to regulate non-licensed contractors and staff time to enforce and track unlicensed contractors would be time consuming, burdensome, and a poor use of city resources. FISCAL IMPACT: 01/01/17 through 06-30-2017 Contractor Licensing Revenue totaled $450.00 PermitWorks Contractor Licensing Module Cancellation: $595.00 Annual OPTIONS: 1.Adopt Ord. 08-183 as presented. 2.Amend Ord. 08-183 and adopt as amended. 3.Do not adopt Ord. 08-183. Page 2 RECOMMENDATION: Staff recommends the City Council adopt Ord. 08-183, Approve Revisions to City Contractor Licensing Requirements. If removed from the consent agenda, Staff recommends the following motion: “Motion to adopt Ord. 08-183 approving Revisions to City Contractor Licensing Requirements ATTACHMENTS: •Ordinance No. 08-183 - Revised Fee Schedule Striking the requirement for city licensing of Demolition, Excavator, HVAC, Irrigation, Sewer/Water Line Installation and Sign contractors CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-183 AN ORDINANCE AMENDING SECTION 115.02 OF THE LAKE ELMO CITY CODE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI, Chapter 115: Building Contractors; License and Permit Required, Section 115.02 of the Lake Elmo Code of Ordinances to read as follows: §115.02 LICENSE AND PERMIT REQUIRED. (A) License required. (1) No person, firm or corporation shall operate, maintain, conduct or engage in the following businesses or work, except in accordance with state statutes, this code and other applicable ordinances of the city. (a) Demolition- residential dwelling, commercial structure. (b a) Driveway. (c) Excavation. (d) HVAC. (e) Irrigation. (f) Sewer line installer. (g) Water line installer. (h) Sign installer. (i b) Right-of-way. (2) This division shall not be construed as preventing any such qualified licensee from performing the work by an employee under his/her supervision and control, or by contract with another person qualified to perform the same; provided that the contractor is subject to the control of the licensee, and the licensee is at all times responsible for the work performed. A contractor not subject to the control of a licensee shall be required to obtain a license. (B) Permit required. For each of the businesses or occupations listed in division (A)(1) of this section for which the State of Minnesota provides for the registration thereof, permits shall be granted only to holders of a state or city license; except that the owner of any property may perform work when work is performed in accordance with the codes and ordinances of the city, and for such purpose, a permit may be granted to such owner without a licensed obtained. (Ord. 08-069, passed 2-19-2013) Penalty, see § 10.99 SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-183 was adopted on this __ day of _____, 2017, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor ATTEST: _______________________________ Julie Johnson, City Clerk This Ordinance 08-183 was published on the ____ day of ___________________, 2017. STAFF REPORT DATE: 7/18/2017 CONSENT ITEM #: 16 MOTION TO: City Council FROM: Michael Bent, Building Official AGENDA ITEM: Approve adoption of the 2017 Lake Elmo Property Maintenance Code REVIEWED BY: Kristina Handt, City Administrator, Sarah Sonsalla, City Attorney BACKGROUND: The City of Lake Elmo last adopted the Lake Elmo Property Maintenance Code in May of 2013. At that time, the Lake Elmo Property Maintenance Code referenced the 2006 International Property Maintenance Code. The reference to the 2006 International Property Maintenance Code is outdated and not aligned with the remaining family of codes in effect. The previous code omitted the IPMC’s appeals process found in Section 111. The City Code previously had an appeal process under the administrative citation section of the code which has been repealed. The appeal process found in Section 111 of the IPMC is therefore added back into the code. The previous code omitted the IPMC section 302.4 Weeds. Section 302.4 Weeds is being added back in the code. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Ordinance 08-181 which adopts the Lake Elmo Property Maintenance Code and references the 2012 International Property Maintenance Code. PROPOSAL DETAILS/ANALYSIS: The State of Minnesota has updated the family of building and regulatory codes to reflect the reference to the 2012 International Codes. The current Lake Elmo Property Maintenance Code is outdated and references the 2006 International Property Maintenance Code. The Lake Elmo Property Maintenance Code should reflect the 2012 International Property Maintenance Code which will align the Lake Elmo Property Maintenance Code with the other model codes in effect in the City. FISCAL IMPACT: None OPTIONS: 1.Adopt Ord. 08-181 as presented. 2.Amend Ord.. 08-181 and adopt as amended. 3.Do not adopt Ord.08-181 RECOMMENDATION: City Council Meeting July 18, 2017 Consent Agenda item #16 Page 2 Staff recommends the City Council adopt Ord. 08-181, Approve adoption of the 2017 Lake Elmo Property Maintenance Code as proposed as part of the consent agenda. If removed from the consent agenda, Staff recommends the following motion: “Motion to adopt Ord No. 08-181 approving the adoption of the 2017 Lake Elmo Property Maintenance Code. ATTACHMENTS: Ordinance NO. 08-181 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-181 SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV, Chapter 150: General Provisions; International Property Maintenance Code, Sections 150.325 – 150.326 of the Lake Elmo Code of Ordinances to read as follows: INTERNATIONAL PROPERTY MAINTENANCE CODE § 150.325 ADOPTION BY REFERENCE. The City of lLake Elmo does hereby adopt, by reference, the year 2006 2012 edition of the International Property Maintenance Code, as hereinafter amended pursuant to this subchapter, as the Property Maintenance Code of the City of Lake Elmo. § 150.326 AMENDMENTS. (A) The year 2006 2012 edition of the International Property Maintenance Code adopted by this subchapter is hereby modified by deleting the following sections: 103.2, 103.3, 302.4, and sections 111.1 through 111.8. (B) The year 2006 2012 edition of the International Property Maintenance Code adopted by this subchapter is hereby amended by modifying the following denominated sections thereof to read as hereinafter set forth: (1) Chapter 1. 101.1 For the purpose of this article, these regulations shall be known as the Property Maintenance Code of the City of Lake Elmo, hereinafter referred to as this code. 102.3 Application of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Minnesota State Building Code. Nothing in this code shall be construed to cancel, modify or set aside any of the provisions of the City of Lake Elmo Zoning Code. 103.1 Enforcement. Responsibility for enforcement of this code shall be vested in the City’s Building Official’s Office. The City’s Building Official is hereby appointed as the code official for the purposes of this code and employees acting under his or her discretion and control shall be deemed to be deputy code officials. 103.5 Fees. The fees for activities and services performed by the department carrying out its responsibilities under this Code shall be determined by the City Council. (2) Chapter 3. 304.14 Insect Screens. During the period from May 15 to October 31 every door window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. (3) Chapter 6. 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to May 31 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms. 602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to May 31 to maintain a temperature of 65°F (18°C) during the period the spaces are occupied. (4) Chapter 8. 800 General References. Whenever this code refers to the International Building Code, the ICC Electrical Code, the International Fire Code, the International Mechanical Code, or the International Plumbing Code, such references shall be deemed to the comparable applicable Code as adopted by the State of Minnesota. Whenever this code shall refer to the International Zoning Code, such references shall be deemed to be Chapter 154 of the Lake Elmo City 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. SECTION 3. Adoption Date. This Ordinance 08-181 was adopted on this 18th day of July, 2017, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor ATTEST: _______________________________ Julie Johnson, City Clerk This Ordinance 08-__ was published on the ____ day of ___________________, 2017. STAFF REPORT DATE: July 18, 2017 CONSENT ITEM #: 17 AGENDA ITEM: Public Safety Committee Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: As has been our practice this year, staff is presenting applications for committee appointments. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Public Safety Committee? PROPOSAL: Council members were emailed copies of the application materials from the following: Andrew J. Masterman Katrina Beckstrom FISCAL IMPACT: NA OPTIONS: If removed from consent agenda 1) Appoint Andrew J. Masterman, and Katrina Beckstrom to the Public Safety Committee 2) Appoint other members to the Public Safety Committee 3) Do not make any appointments to the Public Safety Committee RECOMMENDATION: “Motion to appoint Andrew J. Masterman, and Katrina Beckstrom to the Public Safety Committee” ATTACHMENTS: • None STAFF REPORT DATE: July 18, 2017 CONSENT ITEM #: 18 MOTION TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Amendments to Chapter 72: Parking Regulations and Chapter 73: Parking Schedules of the City Code REVIEWED BY: Stephen Wensman, Planning Director Jack Griffin, City Engineer Greg Malmquist, Fire Chief Michael Bent, Building Official Kristina Handt, City Administrator BACKGROUND: Chapter 73: Parking Regulations of the City Code currently prohibits parking in certain “No Parking” zones throughout the City, unless a temporary parking permit has been issued by the City Administrator. There are a number of new developments that have streets that do not meet street width standards for parking on both or even one side of the street, according to adopted City Engineering Standards. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Ord. 08-171 which adds streets within new developments that do not meet City Engineering Standards for street width for parking on both or one side of the street. REVIEW/ANALYSIS: Adopted City Engineering Standards indicate the following minimum street width for parking: •Both sides of the street: 28 feet •One side of the street: 24 feet •No parking: 22 feet or less Streets with No or One-Sided Parking Added. As previously stated, there are a number of new developments that have streets that do not meet these standards. These street names need to be added to Schedule I. Parking Prohibited of Chapter 73: Parking Schedules. Fines Removed. Fines for parking of trailers was stricken, as the City no longer references administrative citations in the Code. The process outlined in the amended Section 10.99 shall be followed. City Council – Staff Report Meeting date: 7/18/2017 Page 2 Enforcement. Currently, the Washington County’s Sheriff’s Department currently writes tickets for cars parked in no parking zones designated by Council and signed. They currently reference Minnesota Statutes Subd. 169.34: Prohibitions; Stopping, Parking, which prohibits any person from stopping, standing, or parking a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device at any place where official signs prohibit stopping. FISCAL IMPACT: None. OPTIONS: The City Council is being asked to adopt as part of tonight’s Consent Agenda Ord. 08-: 1)Adopt Ord. 08-171 as presented. 2)Amend Ord. 08-171 and adopt as amended. 3)Do not adopt Ord. 08-171 RECOMMENDATION: Staff recommends the City Council adopt Ord. 08-171 amending Chapters 72 and 73 of the City Code as part of tonight’s Consent Agenda. If removed from the Consent Agenda, Staff recommends the following motion: “Move to adopt Ord. 08-171 amending Chapters 72 and 73 of the City Code.” Staff also recommends that Council approve, as part of tonight’s Consent Agenda, adoption of Resolution 2017-077, approving summary publication of Ord. 08-171. If removed from the Consent Agenda, Staff recommends the following motion: “Move to adopt Resolution 2017-077, approving summary publication of Ord. 171.” ATTACHMENTS: •Ord. 08-171 •No Parking Map •Resolution 2017-077 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-171 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING ADDITIONAL STREETS ON WHICH PARKING IS PROHIBITED OR LIMITED TO ONE SIDE TO CHAPTER 73: PARKING SCHEDULES. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title VII: Parking Schedules; Chapter 73: Parking Schedules; Schedule I: Parking Prohibited, by adding the following: SCHEDULE I. PARKING PROHIBITED. No vehicle shall be parked in the following "No Parking" zones, unless a temporary parking permit has been issued by the City Administrator as provided in § 72.02. Additionally, no parking shall be allowed on any cul-de-sac of any street. Street Location Sides — Two signs added 45 feet apart at the asphalt trail into Carriage Station Park — Eagle Point Boulevard From Inwood Avenue to Hudson Boulevard Both 15th Street N. From Ivy Avenue N. to the east end of the street Both 50th Street From DeMontreville Trail N. to Hill Trail N. in Lanes DeMontreville Country Club Both 50th Street From State Highway 5 CSAH 14 to CSAH 17 (Lake Elmo Avenue) Both 53rd Street N. DeMontreville Highlands, 5th Addition Both Highlands Trail North From DeMontreville Trail to a distance 100 yards from the intersection with DeMontreville Trail North on both segments of Highlands Trail N. in DeMontreville Highlands Both Hill Trail N. Lanes DeMontreville Country Club Both Jamaca Avenue North 475 feet south of its intersection with Lake Jane Trail Both Jane Road North Beginning at the south line of PID 10-029-21-24-0003 extending 33 feet northerly, thereof West Klondike Ave. N. The south 100 feet to the dead end Both Lake Jane Trail N. From 250 feet west of Jamaca Avenue N. to Jane Road N. Both Laverne Ave. N. From Upper 33rd Street to 36th Street and the east side only from 36th Street N. to State Highway 5 CSAH 14 and within the Hunter’s Crossing Development where medians exist Both Layton Avenue N. From 36th Street N. to State Highway 5 CSAH 14 West 32nd Street N. From Lampert Ave. N. to Klondike Ave. N. North Keats Avenue N. From Trunk Highway 36 to 47th St. N Both Village Pkwy. All Both Entrance to Easton Village All, ending at intersection of 32nd St N and Linden Ave N Both 2 Junco Rd N Eyebrow One-Side Where Signed Jay Ave. N All Both 5th St Ln N Where medians exist Both Upper 7th St N All One-Side Where Signed Lower 8th Pl N All One-Side Where Signed Irving Blvd N East side of Island Trail, where median exists One-Side Where Signed Irving Cir N All One-Side Where Signed 9th Pl N All One-Side Where Signed Upper 9th Pl N All One-Side Where Signed Island Trl N Where medians exist Both Blazing Star Ln On eyebrows One-Side Where Signed Wildflower Dr N All, except entrance where street width measures 28 feet Both Monarch Path N All Both Monarch Way N All Both Monarch Park All Both Hummingbird Path N All Both Sunflower Ln N All One-Side Where Signed Jade Trl N Where medians exist Both Jade Ct N Where medians exist Both 8th St N Eyebrow within Hammes Estates (Lakeridge Crossing Development) One-Side Where Signed CSAH 17 44th St N to 50th St N West Side SCHEDULE II. PARKING OF TRAILERS. (A) No trailer shall be parked in the following “No Trailer Parking” zones unless a temporary parking permit has been issued by the City Administrator as provided in § 72.02. Lake DeMontreville Public Access Street Location 53rd Street From Demontreville Trail to the west of the street DeMontreville Trail From 50th Street to DeMontreville Circle Highlands Trail From Hilltop Avenue to DeMontreville Trail; and from DeMontreville Trail to Highland Trail Court 3 Hytrail From Highlands Trail to 59th Street 50th Street From Hilltop Avenue to the east end of the street Lake Jane Public Access Lake Jane Trail From Irvin Court to Tapestry Drive Jamaca Avenue From Lake Jane Trail to 42nd Street Jane Road From Lake Jane Trail to Jane Court (B) Any person who violates the provisions of this schedule shall, upon conviction, be subject to a fine of not less than $150 nor more than $300, plus the cost of prosecution. (Ord. 97-179, passed 9-19-2006) SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-171 was adopted on this 18th day of July 2017, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-171 was published on the ____ day of ___________________, 2017. 2895 8290 11165 2994 5790 9032 2959 11320 8109 9055 8155 9 8 7 1 11030 5222 5802 5240 7730 10938 8 8 4 0 4 2 0 1 2796 3265 445410010 9831 12088 11120 3691 11598 3025 10931 8 6 0 3 8050 8567 5670 568 10755 11210 8468 9 6 3 7 3308 8312 9070 5235 5 8 2 0 1535 1663 7580 11306 4388 5260 3287 8249 10073 11292 98 23 51 50 5701 8 6 7 3 8294 8415 3075 8095 4 2 6 0 4466 5724 9745 11862 2 1 4 1 9999 2 8 4 6 5290 3490 8970 8045 11066 2655 87 02 9200 9 6 2 4 9 2 9 5 11392 1 6 6 5 10079 5034 4990 5 3 2 3 12226 8 6 8 1 2932 11047 80 10 9515 9251 9940 11227 2783 11162 97 68 56 7 7 3597 3 9 8 1 3153 2470 8292 5058 8321 9140 9 8 3 8 3271 9420 2380 2677 2915 10963 8 1 4 1 9901 5055 4861 11211 10997 11830 7972 8415 8839 4955 4943 5760 1 0 3 9 0 8 6 8 7 8478 2899 5471 3773 1513 1709 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JAMACA AVE N HIDDEN BAY WHISTLI NG V A L L E Y MONA RCH 31S T VILLAGE WILD F L O WE R MANNING 1 4T H JAMES LEGIO NLANE 34TH D E M O N T R E V I L L E T R A I L MARQU E S S L I N D E N J O N Q UIL LAVERNE W HIS T LI N GVALLEY 34TH ST N TO STILLWATER BLVD N KIRKWOOD 55T H WHISTLIN G V A L L E Y MONA RCH 4TH 3 3RD 7TH 3RD ST N TO WB I 94 PRAIRIEVIEW 57T H MARQUESS JON Q UIL LEGION LANE 20TH STREET HI LL T R AI L 22ND 5 8 T H STREET 3 5 T H LITTL E BL U E S T E M WINDBREAK LINDEN J UN CO IRISH 24TH STR EET J A M A C A A V E N T O 3 4 T H S T N M AR Q UE SS M A R QUESS TRAIL LILAC KLONDIKE 5 9 T H S T RE E T INN S D A L E LAYTON LILY LITTLE BLUESTEM HILTON TRL N TO EB HWY 36 L AVERNE JUNIPER SUNFLOW ER TAPESTR Y KRAFT 3 4 T H WB 60TH ST N TO S B KEATS AVE NEB 60TH ST N TO NB KEATS AVE N L A N G L E Y LARKSPUR BLAZI N G S T A R LINDEN JERO MEAVEN U E INWOOD AVE N TO WB I 94 U PPE R 4 2 N D C H E R RYWOOD 5 7 TH STREE T 32ND 3RD S T R EET 32ND LAMPE RT 33RDSTREET L I T T LEB L U ESTE M LIN DEN M A N N I N G A V E N T O W B I 9 4 44 T HSTREE T WB I 94 TO KEATS AVE N MARQ U ESS WB I 94 TO INWOOD AVE N SUNFISH LAKE PARK INBOUND LILY L ILY KIRK W O O D PRIVATE MARQ U ES S T R A I LMARQUESSTRAIL KIN DR E D K INDRED TAPE S T R Y T A PESTRY 1 4 T H14TH UPPER 7 TH LIT TL EBLUESTEM TA P ESTRY T A PESTRY LOWER8TH LIS B O N A VENUE LINDENLINDE N MAR Q U E S S LANE L I N D E NL I NDEN LI LACLILAC LILACLILAC L ISBON K I NDRE D K I N DRED LILY E Streets - No Parking Te xt Te xtText Existing No Parking:Proposed No Parking: Existing No Trailer Parking:Proposed No Parking One Side: CITY OF LAKE ELMO RESOLUTION NO. 2017-077 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. 08-171, an ordinance amending the Lake Elmo City Code of Ordinances by adding additional streets on which parking is prohibited or limited to one side to Chapter 73: Parking Schedules; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No. 08-171 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, which amends Chapter 73: Parking Schedules by stating that no parking shall be allowed on any cul-de-sac of any street and designating the following streets as no parking: Keats Avenue N from Trunk Highway 36 to 47th St. N; all of Village Parkway, Monarch Path N, Monarch Way N, Monarch Park N, Hummingbird Path N; all of the entrance to Easton Village, ending at intersection of 32nd St. N & Linden Ave.; where medians exist on 5th St. Ln., Island Trl. N, Jade Trl. N, Jade Ct. N; all of Wildflower Dr. N except entrance where street width measures 28 ft.; and The following streets as one-sided parking where signed: Eyebrow(s) of Junco Rd. and Blazing Star Ln.; Irving Blvd. N on the east side of Island Trl. where medians exist; all of Upper 7th St. N, Lower 8th Pl. N., Irving Cir. N, 9th Pl. N, Upper 9th Pl. N, Sunflower Ln N; 8th St. N within the Lakeridge Crossing Development; west side of CSAH 17 from 44th St. N. 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: July 18, 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: July 18, 2017 REGULAR ITEM #: 19 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Fire Department Staffing REVIEWED BY: City Administrator Kristina Handt and Public Safety Committee BACKGROUND: At the June 13, 2017 Council Workshop, Council directed the Public Safety committee to research the matter of fire department staffing and come back with recommendations. ISSUE BEFORE COUNCIL: How should the Council plan to staff the Fire Department to maintain current service levels? PROPOSAL DETAILS/ANALYSIS: The Public Safety Committee is recommending the Council approve Option B. Option B would provide part time firefighters in the station from 6am-6pm, Sunday through Saturday. The Administrative Assistant would not be used to cover any of these shifts. FISCAL IMPACT: Based on Option B, as recommended by the Public Safety committee and Staff, the impact would be $175,331.52 in annual wages, benefits and taxes; $7, 077.40 per Firefighter hired as well as ongoing annual costs associated with training and other requirements. OPTIONS: 1) Option A as presented, part time shifts, utilizing the current Administrative Assistant to fill shifts. 2)Option B as presented, part time shifts, not utilizing the current Administrative Assistant to fill shifts. 3)Option C as presented, utilizing full time staff. RECOMMENDATION: It is the recommendation of the Public Safety Committee, (by a 3-0 vote) and Fire Department Staff to move forward with the following: Motion to approve Option B as presented, which is the hiring of Part Time Firefighters working no more than 24 scheduled hours per week, to cover shifts from 6 am-noon and noon-6pm, Sunday through Saturday. And to also approve the associated job description and advertise the positions. ATTACHMENTS: •Copy of presentation •Job Description PUBLIC SAFETY COMMITTEE PUBLIC SAFETY COMMITTEE RECOMMENDATIONS on FIRE DEPARTMENT STAFFING PUBLIC SAFETY COMMITTEE •ISSUE •TERMINOLOGY •HISTORICAL DATA •STAFFING CONCERNS/TRENDS •WHERE ARE WE NOW? •STAFFING COSTS COMPARISION •COMMITTEE RECOMMENDATION AGENDA PUBLIC SAFETY COMMITTEE ISSUE How should the Council plan to staff the Fire Department to maintain current service levels? PUBLIC SAFETY COMMITTEE TERMINOLOGY •POC, (Paid On Call) –Firefighters that respond when paged. Formerly known as “Volunteers” until over time they were paid and recognized as city employees. •Duty Crews –(Lake Elmo specific) Personnel, assigned to a specific window of time, during which, they have committed to be available to respond. They will remain, “in the area” during this period. There are many variations of this throughout the fire service, FT, PT or POC staff in the station, labeled “Shifts”, “Squads”, “Duty Shifts” or “Standby Crew ”. •Shared Services –Sharing of resources, (equipment, response personnel, administrative personnel, training, facilities, etc) as well as sharing the associated costs. •Mutual Aid –Sharing of resources, locally, regionally, statewide and nationally. Resources from other agencies respond WHEN REQUESTED by primary agency. Primary agency must request specific resource needs. (This process has been in place for years and used by Lake Elmo. Utilized when local resources are exhausted or exceeded) NFPA Definition -3.3.2.2 Mutual Aid.Reciprocal assistance by emergency services under a written plan among AHJs that is part of communication center's dispatch protocol. •Auto Aid –Sharing of resources, locally, regionally, statewide and nationally. Resources from other agencies respond automatically based on predetermined response needs identified by primary agency for specific incidents. Additional “groups” of resources can be requested by additional, predetermined “ALARMS”. (Currently utilized on a very limited basis due to the restrictions of the current CAD system used by Wash. Cty. Dispatch) NFPA Definition -3.3.2.1*Automatic Aid.A plan developed between two or more fire departments for immediate joint response on first alarms. [1142,2012] PUBLIC SAFETY COMMITTEE •What has Lake Elmo Fire Department done to improve Retention? •Implemented “Stay at Home Duty Crews”, (unique to Lake Elmo) •Increased Response Time Requirements •Reduced Response Percentage Requirements •Implemented “Incentive Pay” •Implemented Daytime Duty Crews •Increased and Expanded Pay •Vacation •Leave of Absence •Created Lieutenants positions PUBLIC SAFETY COMMITTEE HISTORICAL DATA •December, 2004 -“FIRE PROTECTION NEEDS” STUDY”, Submitted by Dahlgren, Shardlow and Uban, This study primarily focused on fire station locations with regards to response times and warning siren locations. Most of the “detail” in the report related to inadequacies and future needs of fire stations. Staffing information, mentioned need for “2 full time fire employees” and sited 2000 census statistics for hiring 18-25 year olds. Also focused in on 4 and 2 station model with both 4 and 4 ½ minute response (calculated from “In-Service” to “On Scene”) •September 2011 -“Feasibility Study for Shared or Cooperative Fire and Emergency Services” -Stillwater, Lake Elmo, Mahtomedi •January 10, 2012 –Council workshop. Fire department presented current level of service being delivered and asked Council for direction on future level of service for planning purposes. Fire department was directed to maintain current level of service. •November 13, 2013 –First meeting of the Public Safety Committee. Began discussion on recruitment/staffing. Many ideas proposed and pursued during this and future meetings. Newsletter Solicit Businesses Mailings Cable Channel Increase Response Times Reduce Requirements Explorer Program Public Works Staff Ads w/LMC Demographics Responding to Scenes Open Houses HOA’s Promo Video Incentives Retention Turnover Morale Rotary Meeting Community Meetings-Surveys •June 19, 2014 –The following topics discussed by Public Safety Committee: Response Times Staffing Maplewood Model POC vs PT vs FT Shifts Service Level Shared Services Study from September 2011 Staffing Costs •July 2014 –Minnesota State Fire Chiefs Association (MSFCA) releases “EMPTY BOOTS, QUIET SIRENS” report. This study looked at “The State of Non-Career Firefighting in Minnesota” and how it relates to Recruitment/Retention, changing Community Demographics, greater demands on fire departments as well as several other areas. PUBLIC SAFETY COMMITTEE HISTORICAL DATA •September 18, 2014 –Maplewood Fire Chief Steve Lukin presented to the committee the “Maplewood Model” of staffing with PT shifts and the process they had recently gone through regarding staffing and building a station. This presentation followed a previous meeting between Lake Elmo and Maplewood Chief Officers to discuss these topics. •December 1, 2015 –“Single Fire Station Concept” was presented to Council on the recommendation from the Public Safety Committee, to deal with staffing and response concerns. •August 23, 2016 –Council Workshop, jointly with Public Safety Committee and Members of Fire Department to discuss “Staffing, Shared Services and other Fire Agreements” •June 2017 –City Administrator and Fire Chief reached out to bordering communities to explore “options”. •June 13, 2017 –Council Workshop, Council discussed “Fire Department Staffing” and directed Public Safety Committee to research matter and come back with recommendations. PUBLIC SAFETY COMMITTEE 0 2000 4000 6000 8000 10000 12000 14000 16000 18000 20000 2000 2005 2010 2011 2012 2015 2020 2030 2040 City of Lake Elmo Growth (from 2015 City of Lake Elmo Comprehensive Annual Financial Report and Met Council Community Page) Population # houses PUBLIC SAFETY COMMITTEE 0 5 10 15 20 25 30 35 0 50 100 150 200 250 300 350 400 450 500 2010 2011 2012 2013 2014 2015 2016 2017 City of Lake Elmo Calls per Year vs. LEFD Staffing # FS Calls # FF PUBLIC SAFETY COMMITTEE 0 20 40 60 80 100 120 140 160 180 12 - 1 A M 1- 2 A M 2- 3 A M 3- 4 A M 4- 5 A M 5- 6 A M 6- 7 A M 7- 8 A M 8- 9 A M 9- 1 0 A M 10 - 1 1 A M 11 A M - 1 2 P M 12 - 1 P M 1- 2 P M 2- 3 P M 3- 4 P M 4- 5 P M 5- 6 P M 6- 7 P M 7- 8 P M 8- 9 P M 9- 1 0 P M 10 - 1 1 P M 11 P M - 1 2 A M Calls City of Lake Elmo Total Fire Department Emergency Response by Hour 2012-2017 PUBLIC SAFETY COMMITTEE Reasons for denial –Failed background check, failed psychological evaluation, reside outside response requirement of 5 ½ minutes, outside Lake Elmo or neighboring community, attended drill and decided not for them, withdrew application. 2011 2012 2013 2014 2015 2016 2017 New 0 1 1 0 2 1 0 Lost -1 -2 -2 -2 -2 0 -2 Denied Apps 4 3 5 4 1 0 0 0 1 1 0 2 1 0 -1 -2 -2 -2 -2 0 -2 4 3 5 4 1 0 0 -3 -2 -1 0 1 2 3 4 5 6 POC Staffing New Lost Denied Apps Recruitment/Retention Trends PUBLIC SAFETY COMMITTEE Dispatch to Truck Leaving Station Time 0 2 4 6 8 10 12 2011 2012 2013 2014 2015 2016 2017 Minutes Command Vehicle 1 Engine 1 Ladder Truck Engine 2 Pumper/Tender Linear (Command Vehicle 1) PUBLIC SAFETY COMMITTEE Average Number of Responders per Vehicle 0 0.5 1 1.5 2 2.5 3 3.5 4 2011 2012 2013 2014 2015 2016 2017 Pe r s o n n e l 2011-2016 Engine 1 Ladder Truck Engine 2 Pumper/Tender Linear (Engine 1) PUBLIC SAFETY COMMITTEE 62 69 44 86 87 124 72 2011 2012 2013 2014 2015 2016 2017 AS OF JUNE 30TH Only One Staff on Truck Number of Times, Vehicle Responded to an Emergency Call With Only One Firefighter in the Truck (Excluding Command Vehicles) PUBLIC SAFETY COMMITTEE 0 2 4 6 8 10 12 14 16 2011 2012 2013 2014 2015 2016 2017 Mi n u t e s Dispatch to Arrival Dispatch to Arrival Linear (Dispatch to Arrival) STRUCTURE FIRE RESPONSES ONLY PUBLIC SAFETY COMMITTEE 13.8 14.25 10 12.2 9.5 8 4.75 0 2 4 6 8 10 12 14 16 2011 2012 2013 2014 2015 2016 2017 Pe r s o n n e l R e s p o n d i n g t o C a l l Total Average Responders Linear (Total Average Responders ) STRUCTURE FIRE RESPONSES ONLY PUBLIC SAFETY COMMITTEE PROJECTED STAFFING COST COMPARISION # shifts Wage Hours per week Weekly cost Annual cost # Personnel needed to cover. OPTION A -PART TIME, Capped at 24 hours per week Coverage, Sun -Sat, 6:00 am -noon and noon -6:00 pm. 2 -6 hour shifts per day 2 personnel per shift, in station with duties 24/wk $20.07/hr (Includes Police/Fire PERA) 144 Admin Asst. would cover remaining 24 hrs. $2,890.08 $150,284.16 5.2 OPTION B -PART TIME,Capped at 24 hours per week Coverage, Sun -Sat, 6:00 am -noon and noon -6:00 pm. 2 -6 hour shifts per day 2 personnel per shift, in station with duties 28/wk $20.07/hr (Includes Police/Fire PERA)168 $3,371.76 $175,331.52 6 OPTION C -FULL TIME Coverage, Sun -Sat, 6:00 am -noon and noon -6:00 pm. 2 personnel per shift, in station with duties $26.49/hr. (Includes benefits)168 $4,450.32 $231,416.64 6 PUBLIC SAFETY COMMITTEE FIREFIGHTER COST Pre -Placement w/ Drug Test,(on-going every 1-3 years)$245.65 Psychological Evaluation $415.00 Hep B Series $156.00 Annual FIT Test $25.00 Annual Training $545.50 Uniform $1,159.30 Turnout Gear, (Replaced every 10 years)$4,000.95 Pager $530.00 TOTAL $7,077.40 Additional Considerations, when comparing Part Time to Full Time –Even with hiring Firefighters trained to minimum standards, there are still costs associated with each hire. With a greater turnover rate with Part Time vs Full Time, these costs begin to add up. PUBLIC SAFETY COMMITTEE Additional Duties of Firefighters on Shift •Fire Hydrants •Initial and Annual Flow Testing •Annual Maintenance •GPS and ID labeling •Clearing in winter •Inspections (During business hours) •Annual follow up inspections. Update information. Identify corrections. •Identify serious violations to be handled by Fire Inspector •Update pre-plans. •Daily Truck and Equipment Checks •Better maintenance •Lower maintenance costs •Less “Out of Service” time. •Fire Prevention/Fire Education •Greater attendance at community events •Ability to develop more programs such as in home inspections of detectors, etc. PUBLIC SAFETY COMMITTEE DISCUSSION/QUESTIONS City of Lake Elmo Job Title: Firefighter Department: Fire Status: Casual/part-time Reporting Relationship: Reports to Fire Department Officers Position Details: Perform emergency work in emergency situations for the protection of life and property from fire and other hazards, as well as the treatment of emergency medical problems. General Duties/Essential Functions: Perform fire suppression, rescue and emergency medical care as necessary using safe and appropriate methods under the direct supervision of the O.I.C. using the Incident Command System. Operate and perform required maintenance of all department apparatus and equipment. Operate apparatus and equipment in a safe and appropriate manner. Operation of computers, Microsoft Office and its components, (Word, Excel, Publisher, etc.), as well as various office equipment, (copier, fax, scanner, phones, etc.). This also includes use of all software programs that support department operations, including, but not limited to (Image trend, IAMRESPONDING, Target Solutions). Support of clerical and administrative staff in keeping official records, data entry, providing support to the fire command staff. Participate in fire, rescue and emergency medical training as directed by Department Policy and Standard Operating Guidelines or as directed by Command Officers. Perform work assignments and station duties as assigned by Officers of department. Perform and conduct Fire Prevention/Fire Education activities as required. This may include, but is not limited to: assisting in the development of programs, ordering of supplies, scheduling of events and identifying needs in community. Support City Staff as it pertains to inspections and maintaining critical infrastructure, such as hydrants. Establish and maintain professional working relationships with coworkers. Establish and maintain professional working relationships with people outside of the department. Establish and maintain professional working relationships with people of different cultures, backgrounds, or values. Work with others on a team, task force, or in other work units. Listen and demonstrate an understanding of others’ perspectives, problems, or questions. Interact informally with other members of department for prolonged periods of either monotony or extreme stress. Respect the privacy of coworkers. Support the goals and policies of the department. Foster a positive attitude toward department goals. Work within the framework of departmental Policies and Standard Operating Guidelines. 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 Minimum Qualifications • Must be 18 years of age by date of hire. • Must have high school diploma or General Education Degree (GED) by date of hire. • Possess and maintain a valid Minnesota driver's license. • Must pass background check. • Must pass physical ability test. • Must pass pre-placement medical exam. • Must pass psychological exam. • Must be currently state certified or licensed as Firefighter I & II, (must include HazMat Operations). Must include copy of certification with application. • State Certified First Responder • Current Certification in Rescuer CPR with AHA. • Working knowledge in the operation of various office equipment, (copier, fax, scanner, phones, etc.) • Working knowledge in the operation of computers, Microsoft Office and its components, (Word, Excel, Publisher, etc.). Preferred Qualifications • Minimum of two years firefighting experience. • Current MN State Certification as Fire Apparatus Operator, (FAO) • Current MN State Certification as Fire Inspector I • Live within 10 minutes’ drive time of station. Knowledge, Skills and Abilities: • Knowledge of firefighting equipment practices, principles, methods and techniques used in modern fire suppression • Ability to communicate effectively both orally and in writing • Skilled in listening and problem solving • Operate both as a member of a team and independently at incidents of uncertain duration • Operate in enclosed or confined spaces. Physical and Mental Requirements: While performing the duties of this job, the employee is frequently required to sit, talk, or hear; stand; walk; use hand to finger; handle; or operate objects, tools or controls; and reach with hands and arms. The employee is occasionally asked to climb or balance, stoop, kneel, crouch, or crawl; and taste or smell. The employee must frequently lift to 10 pounds and occasionally lift and/move up to 100 pounds. Specific vision abilities required by this position include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust the focus. **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: Work is performed primarily in the office, vehicles, and outdoor settings, in all weather conditions, including temperature extremes, during shifts. Work is often performed in emergency and stressful situations. The employee is exposed to loud noises and hazards associated with fighting fires and rendering emergency medical assistance, including, but not limited to smoke noxious odors, fumes, chemicals, liquid chemicals, solvents and oils. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. BUSINESS ITEM 5B STAFF REPORT DATE: 7/18/2017 REGULAR ITEM #: MOTION TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Easton Village 3rd Addition Final Plat REVIEWED BY: Stephen Wensman, Planning Director Jack Griffin, City Engineer BACKGROUND: The Council is being asked to consider a Final Plat request from Chase Development for the 3rd Addition of Easton Village, a planned 217 unit residential development. The 3rd Addition includes 28 single family lots that are located within an 8.53 acre area to the north of the western portion of Easton Village 1st Addition. Staff and the Planning Commission are recommending approval of the request subject to compliance with the conditions listed in this report. ISSUE BEFORE COUNCIL: The Council is being asked to review the Final Plat request for the 3rd Addition of Easton Village based on its consistency with the approved Preliminary Plat (revised on 6/21/2017). PROPOSAL DETAILS/ANALYSIS: General Information. Applicant: Chase Development, 2140 West County Road 42, Burnsville, MN Property Owners: Easton Village, LLC (Tom Wolter) 2140 West County Road 42, Burnsville, MN Location: Section 12 & 13, Township 29 North, Range 21 West in Lake Elmo, north of 30th Street, west of Manning Avenue, and south of the Union Pacific railroad right-of-way. PID Number 13.029.21.42.0025. Request: Application for final plat approval of a 28 unit residential subdivision to be named Easton Village 3rd Addition. Zoning: LDR – Low Density Residential Surrounding: North – vacant/agricultural land (RT – Rural Transitional); West – single family home, City park, natural vegetation (PF – Public and Quasi Public Open Space; South – vacant land (LDR – Low Density Residential); East – Lake Elmo Airport (Baytown Township). Comp. Plan: Village Urban Low Density Residential (1.5 - 2.49 units per acre) 20 2 BUSINESS ITEM 5B History: Property was included in Village Planning Area boundary and municipal sewer service area as defined in the 2013 Village Land Use Plan. Site has historically been used for faming activities, including the growing of agricultural crops. Sketch Plan review by Planning Commission on 1/27/14 with Preliminary Plat approval on July 15, 2014. 1st An AUAR for the Village Planning area was approved by the City in May of 2009. 1st Addition approval on March 3, 2015, and 2nd Addition approval on May 2, 2017. Preliminary Plat revised on 6/21/2017. Action Deadline: Application Complete – 6/21/2017 60 Day Deadline – 8/20/2017 Extension Letter Mailed – No 120 Day Deadline – Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (LDR) §150.270 Storm Water, Erosion, and Sediment Control Consistency with Preliminary Plat. Revised Preliminary Plat. Prior to the 1st Addition Final Plat approval, the approved Preliminary Plat was revised in December of 2014 to address the following: • The need to reconfigure the temporary access into the subdivision. • Revisions to the grading plan. • Adjustments to the property boundaries adjacent to the gas line that bisects the site. • The provision of a slightly larger buffer from the railroad tracks. • Revisions to the storm water management plan. With the 2nd Addition, the developer again revised the preliminary plat. A condition of 2nd Addition approval was that the revised Preliminary Plat and Plans be approved prior to submittal of accepting the 3rd Addition. Increased Number of Lots. • The proposed 3rd Addition Final Plat increased the number of lots from 27 to 28, consistent with the revised Preliminary Plat. • # of lots in area proposed as 3rd Addition in approved and revised Preliminary Plat: 27 • # of lots in proposed 3rd Addition Final Plat: 28 Decreased Lot Sizes. The table below shows the lot sizes in the area proposed as 2nd Addition in the revised Preliminary Plat as compared to the proposed 2nd Addition Final Plat: Lot Block December 2014 Preliminary Plat Final Plat/Revised Preliminary Plat 1 1 10,394 11,194 2 1 10,425 11,167 3 1 11,294 10,935 3 BUSINESS ITEM 5B 1 2 12,920 16,641 2 2 12,121 8,140 3 2 8,463 9,405 4 2 8,670 8,522 5 2 8,833 8,555 6 2 8,809 8,483 7 2 8,988 8,836 8 2 9,808 10,237 9 2 12,257 12,143 10 2 --- (not on preliminary plat) 11,958 1 3 12,324 14,294 2 3 11,400 9,217 3 3 8,450 9,231 4 3 8,234 9,124 5 3 8,968 8,450 6 3 9,273 9,100 7 3 9,292 8,724 8 3 9,705 8,138 9 3 9,595 9,777 10 3 11,340 10,307 11 3 11,452 12,769 12 3 18,433 15,491 13 3 14,261 12,330 14 3 11,728 9,519 15 3 11,259 8,650 Outlots. Outlot A, proposed as open space for landscaping, to be owned and maintained by the Homeowners Association, is 0.111 acres. Outlot B, which is the trail corridor, is 0.091 acres. Final Area of Dedicated (Non-Arterial) Right-of-Way: 1.684 acres Outlot F Replatted. The Applicant has replatted Outlot F in to separate outlots. The outlots indicate phasing for the rest of the development. Outlots I and J will be dedicated to the City with the 3rd Addition, for stormwater management purposes and parkland. The dedication of part of these outlots as parkland will satisfy the remaining parkland dedication requirements for the entire development. 4 BUSINESS ITEM 5B Engineering Comments. The City Engineer has reviewed the Final Plat, and these comments can be reviewed in the attached Easton Village 3rd Addition Final Plat Engineering comments review memo dated May 25, 2017. Outlined comments include the following: • Payment for pipe over-sizing from the City standard 8-inch pipe should be addressed as part of the developer agreement. • There are a number of comments outlined in the Construction Plans and Specifications memo provided by the City Engineer that must be addressed and approved prior to recording of the Final Plat. Easement Vacation. 3rd Addition plats a portion of Outlot F of Easton Village 2nd Addition. This Outlot has three easements recorded against it, a permanent easement for drainage and utility purposes, and a temporary access easement which terminates upon replatting of Outlot F and a temporary construction easement which terminates after a one year warranty period after completion of installing the public and utility and drainageway. None of these should cause an issue for platting. Temporary Cul-de-Sac and Road Connection. The Applicant has proposed a temporary cul-de-sac off of Lilac Avenue North and a temporary road connection connecting Village Parkway to 33rd Street North. Temporary Road Easements will need to be provided. “Eyebrows” Removed. The original Preliminary Plat was shown with 33rd Street North as having ‘eyebrows’ as it moves north-south. The Applicant has removed these, in order to (as communicated to Staff during conversations with the Developer) provide a better design and decrease the amount of maintenance. The updated Preliminary Plat reflects this change, and the Final Plat is consistent with the revised Preliminary Plat. Staff has reviewed this change and has not seen an issue in this. Outlot Added. An additional outlot was added, consistent with the revised Preliminary Plat. The Applicant has communicated that this is proposed as open space to be used for plantings. Staff does not see an issue with the addition of this outlot as long as the maintenance and responsibility for this outlot is clearly outlined in the Landscape License Agreement as the responsibility of the Homeowners’ Association. Parkland. • The approved Preliminary Plat shows a trail connection between Lot 29 of Block 8 (shown on the Final Plat as Lot 14 Block 3) and Lot 1 of Block 10 (shown on the Final Plat as Lot 13 of Block 3). This trail outlot is 0.091 acres. • The proposed Final Plat shows this trail connection moved to be above Lot 15 Block 3. • Staff does not see an issue with this adjustment as the trail connection in Preliminary Plans does not directly connect to a trail across Village Parkway. • This trail is proposed to go through a Drainage and Utility easement and has been reviewed by the Engineer. • The approved Developer Agreement for Easton Village 1st Addition states that the developer shall be required to dedicate 9.84 acres of land for public park purposes for the entire subdivision. The 1st Addition dedicated 3.99 acres of parkland, and future project phases are to either dedicate the remaining 5.85 acres of park land or cash payment in lieu of dedication. The Easton Village 2nd Addition Developer Agreement required a security in the form of a Letter of Credit in the amount of the fee in lieu of park dedication for the acreage of that addition. This Letter of Credit will be released with the dedication of the 3rd Addition, as (as previously mentioned), Outlot F has been replatted in to a number of different outlots, and Outlots I and J will be dedicated to the City. The developer will receive parkland dedication for parts of these outlots, and so the parkland dedication requirement for the entire development will be satisfied. 5 BUSINESS ITEM 5B Landscape Plans. • The Applicant submitted updated Preliminary Landscape Plans with application for 1st Addition Final Plat, dated 12/17/2014 in response to comments provided by the City’s Landscape Architect in a review letter dated 12/3/2014. • The 3rd Addition Final Plat Landscape Plans are generally consistent with the Preliminary Landscape Plans in the following ways: o Autumn Blaze Maple are proposed where Common Hackberry was approved surrounding the trail. o Red Maple is proposed on the left side of Lilac Avenue North where Autumn Blaze Maple was approved. o Accolade Elm, Hackberry and White Oak are proposed where Redmond Linden and Red Maple were approved on 33rd Street N. • The Landscape Plan does not include utility locations. The Plans will need to be updated to include this. Street Naming. There are no other streets in the City with the name Lilac Avenue, and so this street name is consistent with the City’s Street Naming Policy. There is, however, another 33rd Street North within the City. While this name is not consistent with the City’s Street Naming Policy in that the Policy states that unless a newly proposed street directly extends from an existing street, no street name that already exists in the city or its environs shall be used, regardless if it is on the same grid as another street. However, it should be noted that the street directly to the south of the street that is proposed to be named 33rd Street North has already been platted and named as 32nd Street North. There also exist other streets within the City that are also named 32nd Street North outside of this development. Because of this, it may make sense to allow the proposed name for this street. Final Plat Approval Process. The City’s subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City’s approval of the Easton Village Preliminary Plat did include a series of conditions that must be met by the applicant, which are addressed in the “Review and Analysis” section below. There are no public hearing requirements for a final plat. In order to provide the Planning Commission with an update concerning the conditions associated with the preliminary plat for Easton Village, Staff has prepared the following: Preliminary Plat Conditions – With Staff Update Comments (updated information in bold italics): 1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the applicant shall provide adequate title evidence satisfactory to the City Attorney; and b) the applicant shall pay all fees associated with the preliminary plat. The above conditions shall be met prior to the City accepting an application for final plat and prior to the commencement of any grading activity on the site. Comments: a) All title work was submitted and reviewed by the City Attorney before City officials prior to recording of the 1st phase Final Plat and will continue to be checked prior to recording of subsequent phases. b) The applicant has submitted an escrow payment with Final Plat application that is being used to cover Staff and consultant expenses related to the City’s review. 6 BUSINESS ITEM 5B 2) The grading plan shall be updated to include the protective tree fencing necessary to preserve all vegetative areas identified for protection around the 5.15 acre residential parcel to the west of the subdivision. Comments: The grading plan was updated accordingly. All disturbed areas are shown on the plan, and the applicant will need to replace disturbed trees in accordance with the City’s tree replacement schedule. There is no tree protection or removal in the 3rd Addition. 3) The applicant shall work with the City and Washington County to identify and reserve sufficient space for a future trail corridor along the western right-of-way line of Manning Avenue. Comments: The proposed Manning Avenue right-of-way is consistent with County requirements, as the planned roadway segment includes room for trails on one or both sides of the right-of-way. The County’s future plans for Manning Avenue include a trail along the western side of this road. 4) The applicant shall submit a landscape plan prepared by landscape architect for review and approval by the City. The landscape plan submittal will include a tree protection and replacement plan consistent with City ordinances. Comments: The applicant submitted updated Preliminary Landscape Plans dated 12/17/2014 with the application for 1st Addition Final Plat. Revised landscape plans were submitted with the 2017 Preliminary Plat revisions. The Applicant will need to address comments outlined in this report and obtain approval prior to recording of the 3rd Addition Final Plat. 5) The final plat will incorporate all review comments from the City’s landscape architect, including the selection and mix of plantings within storm water basins and infiltration areas. Comments: Please see above condition. 6) The landscape plan shall include additional plantings around the Northern Natural Gas utility site. Comments: The submitted Final Plat Landscape Plans are generally consistent with approved Preliminary Landscape Plans in this easement area. 7) The proposed access to Manning Avenue will be permitted as a temporary access until such time that the Village Parkway is connected to 30th Street. The construction plans will be updated to reflect the temporary nature of this street. Comments: The applicant asked during the 1st Addition Final Plat that this provision be updated to state that the temporary access will be allowed for a minimum of five years. Staff was supportive of this revision and has updated the proposed conditions the 1st Addition Final Plat approval to reflect the change. This condition is not relevant to the 3rd Addition Final Plat. 8) The applicant shall be responsible for the construction of all improvements within the Manning Avenue (CSAH 15) right-of-way as required by Washington County and further described in the review letter received from the County dated June 24, 2014. The final construction plans for the 1st Addition were updated to incorporate the required improvements to Manning Avenue. This condition is not relevant to the 3rd Addition final plat. 9) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the appropriate watershed districts for the storm water management system prior to the commencement of any grading or development activity on the site. Comments: The Applicant has been granted a Valley Branch Watershed District permit. 7 BUSINESS ITEM 5B 10) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. Comment: A Landscape License Agreement was executed for the 1st Addition and will be for the 2nd and 3rd Additions. 11) The developer shall provide an updated accounting of the land to be dedicated for park purposes prior to submission of a final plat. If required, the developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City’s Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. Comments: The park dedication requirements for the entire Easton Village development is 9.84 acres of land, representing 10% of the development area. During the 1st Addition Final Plat, the applicant provided an accounting of the land to be dedicated for park purposes, stating that the entire development will provide 7.29 acres of public park land. Staff had reviewed these numbers with the 1st Addition Final Plat application and found them to be accurate. The final agreement with the City concerning either a cash payment for the park land shortfall or future land dedication should be addressed in the developer’s agreement for Easton Village 3rd Addition. 12) Any land under which public trails are located will be accepted as park land provided the developer constructs said trails as part of the public improvements for the subdivision. Comments: The Applicant will receive parkland dedication credit for the 0.091 acre Outlot B. 13) All required modifications to the plans as requested by the City Engineer in a review letter dated June 26, 2014 shall be incorporated into the plans prior to consideration of a final plat. Comments. The preliminary plat and plans have been updated to address the City Engineer’s review comments and were approved on June 21, 2017. 14) The City and developer will determine the appropriate distribution of future costs associated with the Village Parkway railroad crossing improvements as part of a developer’s agreement for any portion of Easton Village. Comments: Staff will be drafting a developer’s agreement for consideration by the Council that will incorporate a section dealing with this provision. 15) The developer shall address any comments from Metropolitan Airport Commission as part of a final plat submission for any portion of Easton Village. MAC will be asked to comment on the landscape plan, and the plan shall be revised to address any specific comments concerning the appropriate vegetation to be planted within storm water facilities. Comments: MAC has provided a review of the updated plans and provided comments to the developer in a letter dated December 8, 2015. This letter contains recommended mitigation strategies to reduce the attractiveness of the storm water retention and infiltration areas for waterfowl. Other recommendations from MAC have been incorporated into the applicant’s landscape plans. Mac’s comments about noise mitigation and notification about the airport are relevant to the 3rd Addition Final Plat. 16) The landscape plan shall be revised to eliminate all trees planted within the Lake Elmo Airport Regulatory Protection Zone. Comments. The Preliminary and 1st Addition landscape plans 8 BUSINESS ITEM 5B have been updated accordingly. MAC’s comments are not relevant to the 3rd Addition Final Plat. 17) The final plat shall include a paved trail connection between Lots 13 and 14 of Block 3. Comments: This condition is not relevant to the 3rd Addition Final Plat. This trail was removed with 2nd Addition approval. 18) The applicant shall submit written acknowledgement from the property owner of the parcel immediately to the south of Easton Village concerning the storm water being outlet running into their property. Comments: Since the approval of the preliminary plat, the applicant has met with the watershed district, county, and Gonyea Homes to discuss the proposed storm water management system along Manning Avenue. This condition is not relevant to the 3rd Addition Final Plat. 19) The applicant is encouraged to incorporate elements from the Lake Elmo Theming Study into the open space areas within the subdivision. Comments: This was Staff recommendation at the time of Preliminary Plat to encourage the applicant to utilize a white “horse fence” with landscaping in order to address the comments from MAC to provide a barrier around the storm water ponds. This fence was not erected, but instead additional landscaping was installed to provide screening. The applicant’s landscape plan for the 1st Addition incorporated elements from the theming study, including the proposed entrance monument sign. This condition is not relevant to the 3rd Addition Final Plat. 20) The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. Comments. Northern Natural Gas provided review comments to the developer in has submitted final construction plans to the gas company for review, and will need to abide by any conditions imposed by Northern Natural Gas. 21) The developer shall be required to extend sewer to the northernmost boundary of the site. Comments. The Easton Village Trunk Sewer Line project has been completed and has extended sanitary sewer service to the northern boundary of the plat, connecting to the sewer line recently installed by the City of Lake Elmo under the railroad tracks that continues further north (and connects to the 39th Street line also recently installed by the City). PLANNING COMMISSION REVIEW: The Planning Commission reviewed the Easton Village 3rd Addition Final Plat at its July 10, 2017 meeting. The Planning Commission had the following comments in regards to this proposed Final Plat: • Discussion on whether the City is doing enough to mitigate noise and safety concerns associated with nearby airport. • Recommendation of addition of following condition: o 10) All title work must be submitted and accepted prior to recording of Final Plat.  Staff comment: This is a standard procedure before releasing any final plat for recording. 9 BUSINESS ITEM 5B Staff is recommending certain conditions that been specifically identified as part of the final plat review, and that have not otherwise been addressed by the applicant, be addressed as part of the Planning Commission’s recommendation to the City Council. The City Engineer’s review letter does identify several issues that need to be addressed by the developer in order for the City to deem the final plans complete. Staff is recommending that City Officials not sign the final plat mylars until the City’s construction plan review is finalized and all necessary easements are documented on the final plat. Based on the above Staff report and analysis, Staff is recommending approval of the final plat with several conditions intended to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to proceed with the recording of the final plat. The recommended conditions are as follows: Recommended Conditions of Approval: 1) Final grading, drainage, and erosion control plans, sanitary and storm water management plans, landscape plans, and street and utility construction plans shall be reviewed and approved by the City Engineer and applicable Staff prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in the memorandums addressing Easton Village 3rd Addition Final Plat and Easton Village 3rd Addition Construction Plan Review dated May 25, 2017 in the memo shall be incorporated into these documents before they are approved. 2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements for the Easton Village 3rd Addition Final Plat with financial guarantees therefore. 3) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to its execution by City Officials. 4) The Applicant shall submit an updated Landscape Plan that is consistent with Preliminary Landscape Plans. The updated plans will need to be approved by the City. 5) A Landscape License Agreement shall be executed for the maintenance of commonly held HOA and City outlots and right-of-ways prior to release of the final plat by City Officials. 6) A temporary easement for the temporary cul-de-sac connecting 33rd Street North to Village Parkway shall be fully executed on the City standard easement agreement form. 7) The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights. 8) All builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 10 BUSINESS ITEM 5B 9) The developer shall abide by any conditions of approval as listed in permits issued by Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. 10) All title work must be submitted and accepted prior to recording of Final Plat. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Easton Village 3rd Addition Final Plat: 1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat have been met by the Applicant. 2) That the proposed Final Plat for Easton Village consists of the creation of 28 single-family detached residential structures. 3) That the Easton Village 3rd Addition Final Plat is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on July 15, 2014 and as amended and approved on June 21, 2017. 4) That the Easton Village 3rd Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 5) That the Easton Village 3rd Addition Final Plat complies with the City’s Urban Low Density Residential zoning district regulations. 6) That the Easton Village 3rd Addition Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances with the exception of issues identified in the July 10, 2017 Staff report to the Planning Commission. 7) That the Easton Village 3rd Addition Final Plat complies with the City’s subdivision ordinance. 8) That the Easton Village 3rd Addition Final Plat is generally consistent with the City’s engineering standards with the exception of necessary plan revisions outlined by the City Engineer in his review comments to the City dated May 25 , 2017. RECCOMENDATION: Staff and the Planning Commission recommend the Council approve the 3rd Addition Final Plat for Easton Village with the 10 conditions of approval as listed in the Staff report. Suggested motion: “Move to adopt Resolution 2017-076, approving Easton Village 3rd Addition Final Plat with the 10 conditions of approval as recommended by Staff and the Planning Commission.” 11 BUSINESS ITEM 5B ATTACHMENTS: 1. Application Narrative 2. City Engineer Review Memo Dated May 25, 2017 3. Easton Village 3rd Addition Final Plat and Plans 4. Pages from Revised Preliminary Plans dated June 21, 2017 5. Valley Branch Watershed District Permit 6. Resolution 2017-076 SUGGESTED ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Open the Public Hearing .................................................................................. Chair - Close the Public Hearing .................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members EASTON VILLAGE 3RD ADDITION FINAL PLAT WRITTEN STATEMENTS February 14, 2017 A)PROJECT CONTACTS: OWNER:DEVELOPER: Tom Wolter Tom Wolter Easton Village, LLC Chase Development 2140 County Road 42 West 2140 County Road 42 West Burnsville, MN 55337 Burnsville, MN 55337 Phone: 952-292-0046 Phone: 952-292-0046 timbercrest@ymail.com timbercrest@ymail.com AUTHORIZED AGENT: Project Contact/Engineer: Todd A.Erickson, PE EricksonCivil 333 North Main Street, Suite 201 Stillwater, MN 55082 Phone: 612-309-3804 todd@tericksonllc.com Surveyor: Paul A. Johnson, LS, EricksonCivil Landscape Architect: David Chmielewski, LA, EricksonCivil EASTON VILLAGE 3rd ADDITION FINAL PLAT WRITTEN STATEMENTS Page 2 of 4 Lot Block Area (Sq. Ft.)Area (Acre)Lot Width (1)Lot Depth (2) 1 1 11,194 0.257 70 160 2 1 11,167 0.256 70 160 3 1 10,935 0.251 70 155 1 2 16,641 0.382 83 200 2 2 8,140 0.187 67 120 3 2 9,405 0.216 75 125 4 2 8,522 0.196 65 130 5 2 8,555 0.196 70 130 6 2 8,483 0.195 65 130 7 2 8,836 0.203 65 130 8 2 10,237 0.235 77 135 9 2 12,143 0.279 87 145 10 2 11,958 0.275 75 150 1 3 14,294 0.328 72 197 2 3 9,217 0.212 67 138 3 3 9,231 0.212 67 135 4 3 9,124 0.209 65 130 5 3 8,450 0.194 65 130 6 3 9,100 0.209 70 130 7 3 8,724 0.200 70 130 8 3 8,138 0.187 70 130 9 3 9,777 0.224 75 130 10 3 10,307 0.237 70 130 11 3 12,769 0.293 65 155 12 3 15,491 0.356 65 175 13 3 12,330 0.283 65 150 14 3 9,519 0.219 65 132 15 3 8,650 0.199 65 132 Outlot A 4,814 0.111 Outlot B 3,971 0.091 ROAD RIGHT OF WAY 118,498 2.720 (Includes Village Parkway) TOTAL AREA DEVELOPED 418,620 9.610 (1) Lot width at setback shown on plan (2) Average approximate lot length, some lots are irregular in shape (see plan for exact dimensions) B)SITE DATA: Address: No current address.32xx Lilac Lane North. Current Zoning: LDR Parcel Size:9.61 Acres,418,620 Sq. Ft. PID No.:13.029.21.42.0025 Current Legal:Part of Outlot F, Easton Village, Washington County, Minnesota.See also Final Plat Dedication Page 1 of 2. C)FINAL SUBDIVISION AND LOT INFORMATION: Name of Final Plat:Easton Village 3rd Addition Table of Proposed Lots: EASTON VILLAGE 3rd ADDITION FINAL PLAT WRITTEN STATEMENTS Page 3 of 4 Area of Parks and Trails:Oulot B, Trail, 0.091 Acres, $38,000 cost. Area of Wetlands and Buffers:None on this proposed addition. Final Area of Dedicated Right of Way:1.684 Acres Legal Description of All Lots:See Final Plat Graphics, Sheet 2 of 2. Easements to be Vacated:Temporary Roadway Easement (Easton Village) D.EXPLANATION OF ISSUES SINCE PRELIMINARY PLAT: This addition of the Easton Village project requires additional import to complete. The stockpile of this material will continue to the north of the Third Addition where a portion of the needed material is currently stockpiled today. This operation started with the grading of Phase II of Easton Village, with the hope of obtaining all of the material from the City infiltration project, which did not happen. This addition will also finalize the gas line crossing issue, which adjusted the pond elevation and HWL of the northeast pond to accommodate the storm sewer outlet of the City infiltration basin project which help to raise up the outfall to accommodate the gas line.The proposed grading will also relieve the water that is currently flowing across the farm field to the outlet structure of the first addition to Easton Village. Also, the lot layout has been revised to adjust to market conditions, allowing for wider lots and a mixture of lots to create more variety and options for builders. This adjustment of lots will not alter the overall density and is not a request to increase or decrease the overall density of the preliminary plat, only a request to adjust lot lines to accommodate some more variety for the overall subdivision. E.FINAL DENSITY: Same as presented for Preliminary Plat Documents. Below is a summary of the density calculation of the preliminary plat of Easton Village: AR E A C A L C U L A T I O N SU M M A R Y PARK AREA 7.96 OPEN SPACE 18.90 LOT AREA 52.25 RIGHT OF WAY 19.37 RUNWAY PROTECTION ZONE 4.77 STEEP SLOPE AREAS 2.65 TOTAL PROPERTY AREA 98.47 TOTAL PROPOSED LOTS 217 PERCENT OF OPEN SPACE/PARK 27.3% GROSS DENSITY 2.20 NET DENSITY*2.38 EASTON VILLAGE 3rd ADDITION FINAL PLAT WRITTEN STATEMENTS Page 4 of 4 F.INFRASTRUCTURE IMPROVMENTS: The proposed storm sewer will be connected to the existing storm sewer constructed with Easton Village. The water main and sanitary sewer will be extended from the constructed water and sewer of Easton Village. All utilities will be constructed per city standards.The storm water ponding for this addition has been planned for and will be accommodated by the existing constructed pond of Easton Village.Stubs for water and sewer will be installed for future phases of the overall project. G.CONCERNS OF NEIGHBORING PROPERTIES: No known issues. H.CONFLICTS WITH NEARBY LAND USES: No known issues. I.JUSTIFICATION RELATING TO BURDEN ON EXISTING INFRASTRUCTURE: This project is a part of an overall larger project, which density has been planned for with the installation of a trunk sewer and watermain and highway right turn and bypass lane for access, therefore this project will not create any undue burden on the existing infrastructure of the City or surrounding area.In addition to the water and sewer charges the City will get from this project, it will add approximately $20,000 a year in tax payments to the City of Lake Elmo, with additional tax payments going to the County, School District and Met Council to offset any “burden”created by this project. J.PROPOSED LAKESHORE ACCESS: None Proposed. K.PROPOSED PARKS AND OPEN SPACE: Outlot B, proposed as trail connection open space.Outlot A, open space for planting of trees. Easton Village currently contains a park and open space, dedicated with the first addition of the project. L.CONSTRUCTION SCHEDULE: Construction would be expected to begin as soon as possible in the spring of 2017. Substantial completion of the project would occur in the fall of 2017.     PAGE 1 of 1  MEMORANDUM         Date:  May 25, 2017      To:  Stephen Wensman, City Planner  Re:  Easton Village 3rd Addition – Final Plat   Cc:  Chad Isakson, P.E., Municipal Engineer    Engineering Review Comments  From:  Jack Griffin, P.E., City Engineer          An  engineering  review  has  been  completed  for  Easton  Village  3rd  Addition.  Final  Plat/Construction  Plans  were  received on May 4, 2017. The submittal consisted of the following documentation prepared by Erickson Civil:   Easton Village Preliminary Plat Revisions dated April 28, 2017.   Easton Village 2nd and 3rd Additions Drainage Analysis dated April 28, 2017.   Easton Village 3rd Addition Construction Plans and Final Plat dated April 28, 2017.   Easton Village 3rd Final Plat Narrative dated February 14, 2017.      STATUS/FINDINGS:   Engineering review comments have been provided in two separate memos; one for Final Plat  approval, and one to assist with the completion of the final Construction Plans.  Please see the following review  comments relating to the Final Plat application.      FINAL PLAT: EASTON VILLAGE 3RD ADDITION   Outlots A (Stormwater) and B (Bituminous Trail) must be dedicated to the City as part of the Final Plat. City  ownership of the Outlots must be noted on the final construction plans.   All easements as requested by the City Engineer and Public Works department shall be documented on the  Final Plat prior to the release of the Final Plat for recording.   Final Plat should be contingent upon the City receiving copies of fully executed temporary easements using  the City standard agreement form for the temporary cul‐de‐sac and connecting street to Village Parkway.    Final Plat should be contingent upon the applicant updating the preliminary plans in accordance with the  engineering review memorandum dated May 23, 2017 and approved by the City Engineer.   Final Plat should be contingent upon the applicant updating the plans to maintain all 100‐year HWL elevations  within easement areas and revising the plans for all storm water ponds to meet City design requirements.   Easton Village 3rd Addition includes trunk watermain (12‐inch diameter) pipe oversizing along Lilac Avenue  North. Payment for pipe oversizing from the City standard 8‐inch pipe should be addressed as part of the  development agreement.   No construction for Easton Village 3rd Addition may begin until the applicant has received City Engineer  approval for the Final Construction Plans; the applicant has obtained and submitted to the City all applicable  permits, easements and permissions needed for the project; and a preconstruction meeting has been held by  the City’s engineering department.   The Final Plat shall not be recorded until final construction plan approval is granted.   Final  Construction  Plans  and  Specifications  must  be  revised  in accordance  with  the  Construction  Plan  engineering review memorandum dated May 25, 2017 and approved by the City Engineer. Final Construction  Plans and Specifications must be prepared in accordance with the City Engineering Design Standards Manual  using City details, plan notes and specifications and meeting City Engineering Design Guidelines.  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  CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 EA S T O N V I L L A G E 3R D A D D I T I O N LA K E E L M O , M I N N E S O T A 16-176 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 1 OF 25 C1© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d TITLE SHEET ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT E lmo,akeL M innesota Single Family R esidential ubdivisionS28nitrd3-a U FI N A L P L A N ddition 28, 2017april CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 2 OF 25 C2© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d EXISTING CONDITIONS ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT EXISTING 2-FT CONTOUR 3RD ADDITION BOUNDARY LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 1 16-176 1 EXISTING STORM SEWER EXISTING WATERMAIN EXISTING SANITARY SEWER CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 3 OF 25 C3© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d EXISTING CONDITIONS ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT EXISTING 2-FT CONTOUR 3RD ADDITION BOUNDARY LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 EXISTING STORM SEWER EXISTING WATERMAIN EXISTING SANITARY SEWER EXISTING SURFACE ELEVATION POINT CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 4 OF 25 C4© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d EXISTING CONDITIONS ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT EXISTING 2-FT CONTOUR 3RD ADDITION BOUNDARY LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 EXISTING STORM SEWER EXISTING WATERMAIN EXISTING SANITARY SEWER EXISTING SURFACE ELEVATION POINT 924.7 EOF CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 6 OF 25 C6© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d EROSION CONTROL PLAN ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT FI N A L P L A N LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 5 4 3 2 1 SEEDING: 1) LOTS AND OPEN SPACE, LOW GROW FESCUE @ 220 LBS./ACRE. TOPSOIL: 6" MINIMUM DEPTH, MEETING MNDOT SPEC. FOR TOPSOIL BORROW. 1 1 1 1 1 1 1 1 1 1 1 111 2 3 33 3 4 44 4 4 4 4 4 4 4 4 4 5 5 5 1 4 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 7 OF 25 C7© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d EROSION CONTROL PLAN ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT FI N A L P L A N LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 3 2 1 SEEDING: 1) LOTS AND OPEN SPACE, LOW GROW FESCUE @ 220 LBS./ACRE. TOPSOIL: 6" MINIMUM DEPTH, MEETING MNDOT SPEC. FOR TOPSOIL BORROW. 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 1 1 1 1 1 1 1 1 1 1 1 1 3 3 3 3 3 3 3 923.35 CBMH 3 912.02 917 . 0 E O F 916 . 0 R I M CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 8 OF 25 C8© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d EROSION CONTROL PLAN ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT FI N A L P L A N LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 3 2 1 SEEDING: 1) LOTS AND OPEN SPACE, LOW GROW FESCUE @ 220 LBS./ACRE. TOPSOIL: 6" MINIMUM DEPTH, MEETING MNDOT SPEC. FOR TOPSOIL BORROW. 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 2 2 2 2 4 4 4 4 3 3 3 1 12 TOB GTB BFE 927.7 927.7 918.7 0.61% 0.55% 0.60% 4 5 6 TOB GTB BFE 927.7 927.7 918.7 TOB GTB BFE 927.7 927.7 918.7 TOB GTB BFE 927.7 927.7 918.7 TO B GT B BF E 92 7 . 7 92 7 . 7 91 8 . 7 0 TO B GT B BF E 92 7 . 5 92 7 . 5 91 8 . 5 0 TO B GT B BF E 92 7 . 5 92 7 . 5 91 8 . 5 0 TO B GT B BF E 92 8 . 0 92 8 . 0 91 9 . 5 0 TOB GTB BFE 927.8 926.8 918.8 TO B GT B BF E 92 7 . 5 92 7 . 5 91 8 . 5 0 TOB GTB BFE 927.7 927.7 918.7TOB GTB BFE 927.7 927.7 918.7TOB GTB BFE 927.7 927.7 918.7 TOB GTB BFE 927.7 927.7 918.7 TOB GTB BFE 927.7 927.7 918.7 2 3 7 8 9 10 11 13 14 15 16 1 . 0 5 % TOB GTB BFE 927.8 925.8 918.8 18 19 0. 5 6 % 924.7 EOF TOB GTB BFE 927.8 926.8 918.8 TOB GTB BFE 927.8 926.8 918.8 TOB GTB BFE 927.8 926.8 918.8 TOB GTB BFE 927.8 927.8 918.8 TOB GTB BFE 927.9 927.9 918.9 TOB GTB BFE 927.9 927.9 918.9 TOB GTB BFE 927.9 926.9 918.9 TOB GTB BFE 927.9 926.9 918.9 TOB GTB BFE 927 . 9 926 . 9 918 . 9 TO B GT B BF E 92 7 . 9 92 6 . 9 91 8 . 9 T O B G T B B F E 9 2 7 . 9 9 2 6 . 9 9 1 8 . 9 T O B G T B B F E 9 2 7 . 9 9 2 5 . 9 9 1 8 . 9 17 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 9 OF 25 C9© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d GRADING PLAN ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT 0.74% FI N A L P L A N LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E 9 16-176 927.5 927.5 918.5 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 10 OF 25 C10© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d GRADING PLAN ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT 0.74% FI N A L P L A N LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E 9 16-176 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 11 OF 25 C11© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d GRADING PLAN ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT 0.74% FI N A L P L A N LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E 9 16-176 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 12 OF 25 C12© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d SITE LAYOUT, LIGHTING AND SIGNING PLAN ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 3RD ADDITION BOUNDARY CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 13 OF 25 C13© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d STREET PLAN & PROFILE ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT PLAN VIEW - LILAC AVENUE NORTH LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 2 1 3 4 16-176 PROFILE VIEW - LILAC AVENUE NORTH 1 5 6 7 1 2 2 3 4 5 6 7 8 8 85 3 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/27/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 14 OF 25 C14© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d STREET PLAN & PROFILE ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT PLAN VIEW - 33RD STREET NORTH LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 PROFILE VIEW - 33RD STREET NORTH 2 1 3 4 5 1 11 1 1 2 2 3 3 3 3 120'R 120'R 90'R 4 5 4 4 5 5 6 6 6 2 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 15 OF 25 C15© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d SANITARY SEWER & WATERMAIN PLAN & PROFILE ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT PLAN VIEW - SANITARY SEWER (LILAC AVENUE) LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 9 2 16-176 PROFILE VIEW - SANITARY SEWER (LILAC AVENUE) 1 2 1 2 EXISTING SANITARY SEWER EXISTING WATERMAIN EXISTING STORM SEWER 12" G.V. & BOX IJK CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 16 OF 25 C16© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d SANITARY SEWER & WATERMAIN PLAN & PROFILE ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT PLAN VIEW - SANITARY SEWER (33RD STREET NORTH) LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 PROFILE VIEW - SANITARY SEWER (33RD STREET NORTH)2 1 2 1 EXISTING STORM SEWER EXISTING WATERMAIN EXISTING SANITARY SEWER 2 9 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 17 OF 25 C17© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT PLAN VIEW - STORM SEWER STORM SEWER PLAN & PROFILE LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 Up-Down-Plan Areas (ac.)Total Indv.Avg.CB Pipe Pipe Pipe Pipe Q Stream Stream Len.Area Site Site C C Tc Tp Tc+Tp Tt I I Q Q Dia.Grade Vel.Cap.Excess Struct.Struct.Ft.Sq.ft.Indv.Sum.Indv.Avg.Min.Min.Min.Min.In/Hr In/Hr CFS CFS In.%Ft/S CFS CFS 16 15 26 18,470 0.42 0.42 0.80 0.80 5.0 0.1 5.1 5.0 7.20 7.20 2.4 2.4 15 0.40 4.3 5.3 2.9 15 13 172 21,055 0.48 0.91 0.80 0.80 5.0 0.7 5.7 5.7 7.00 7.00 2.7 5.1 15 0.40 4.3 5.3 2.6 14 13 26 19,950 0.46 0.46 0.80 0.80 5.7 0.1 5.7 5.7 7.00 7.00 2.6 2.6 12 1.00 5.9 4.6 2.1 13 12 227 15,490 0.36 1.72 0.80 0.80 5.7 0.7 6.5 6.5 6.60 6.60 1.9 9.1 18 0.45 5.2 9.2 0.1 12 11 181 3,800 0.09 1.72 0.80 0.80 6.5 0.6 7.0 7.0 6.40 6.40 0.0 9.1 18 0.50 5.5 9.7 0.6 11 10 61 8,425 0.19 1.91 0.80 0.80 7.0 0.2 7.2 7.2 6.40 6.40 1.0 9.8 18 0.60 6.0 10.6 0.8 10 9 61 5,285 0.12 2.04 0.80 0.80 7.2 0.2 7.4 7.4 6.40 6.40 0.6 10.4 18 0.65 6.2 11.0 0.6 9 8 54 5,760 0.13 2.17 0.80 0.80 7.4 0.1 7.5 7.5 6.30 6.30 0.7 10.9 18 0.70 6.5 11.4 0.5 8 3 103 4,290 0.10 2.27 0.80 0.80 7.5 0.3 7.7 7.7 6.20 6.20 0.5 11.2 18 0.75 6.7 11.8 0.6 STORM SEWER DESIGN TABLE NOTE: Pipe run 1-7 based on hydrocad storm sewer analysis. PROFILE VIEW - STORM RUN 3 - 16 PROFILE VIEW - STORM RUN 1 - 7 EXISTING STORM SEWER EXISTING WATERMAIN EXISTING SANITARY SEWER 2 9 STORM RUN 3 - 19 Structure Build Table Rim Inv.Build Pipe Size Pipe Cover Structure ID Elev.Elev.Height Inches Feet 1 917.80 912.30 5.50 30 3.00 4 923.73 912.99 10.74 24 8.74 5 924.24 913.05 11.19 24 9.19 6 918.76 913.76 5.00 24 3.00 9 924.40 915.21 9.19 18 7.69 10 924.80 915.61 9.19 18 7.69 11 925.10 915.98 9.12 18 7.62 12 925.50 916.88 8.62 18 7.12 13 924.20 917.91 6.29 18 4.79 14 924.20 920.20 4.00 12 3.00 15 923.20 918.85 4.35 15 3.10 16 923.20 918.95 4.25 15 3.00 17 923.00 913.12 9.88 18 8.38 18 922.56 913.32 9.24 18 7.74 8 924.10 914.83 9.27 18 7.77 8.093010.59912.91923.503 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET 18 OF 25 C18© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d DETAILS ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT FI N A L P L A N LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 16-176 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 19 OF 25 C19 CITY STANDARD DETAIL PLATES 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E FI N A L P L A N CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 16-176 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 20 OF 25 C20 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E FI N A L P L A N CITY STANDARD DETAIL PLATES CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 16-176 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 21 OF 25 C21 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E FI N A L P L A N CITY STANDARD DETAIL PLATES CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 16-176 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 22 OF 25 C22 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E FI N A L P L A N CITY STANDARD DETAIL PLATES CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 16-176 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 23 OF 25 C23 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E FI N A L P L A N CITY STANDARD DETAIL PLATES CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 16-176 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 24 OF 25 C24 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E FI N A L P L A N CITY STANDARD DETAIL PLATES CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 16-176 04/28/2017 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 25 OF 25 C25 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A 3R D A D D I T I O N EA S T O N V I L L A G E FI N A L P L A N CITY STANDARD DETAIL PLATES CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 LICENSE NO. DATE: SHEET 1 OF 2 L1© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d LANDSCAPE PLAN & TREE SURVEY ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 PLANTING SCHEDULE EASTON VILLAGE 2ND ADDITION BOUNDARY 04/28/2017 40639 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. DAVID CHMIELEWSKI 1818 BOX ELDER217 1414 HACK BERRY150 1010 SPRUCE149 1212 SPRUCE148 2020 WHITE PINE108 2020 WHITE PINE107 1010 SPRUCE106 1010 SPRUCE105 88 SPRUCE104 1818 BOX ELDER99 88 SPRUCE98 86 SPRUCE97 88 SPRUCE96 INCHES CONIFEROUS INCHES HARDWOOD INCHES COMMON SIZE / TYPETREE ID EXISTING SAVED TREES / NO REMOVAL CH A S E D E V E L O P M E N T 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 LICENSE NO. DATE: SHEET 2 OF 2 L2© 20 1 7 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d LANDSCAPE PLAN DETAILS ERICKSONCivil DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT LA K E E L M O , M I N N E S O T A FI N A L P L A N 3R D A D D I T I O N EA S T O N V I L L A G E 16-176 04/28/2017 40639 DAVID CHMIELEWSKI I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. EASTON VILLAGE 3RD ADDITION SHEET 1 OF 3 SHEETS EASTON VILLAGE 3RD ADDITION E ivilCRICKSON EASTON VILLAGE 3RD ADDITION RICKSONCivil E LEGEND NOTES SHEET 2 OF 3 SHEETSEASTON VILLAGE 3RD ADDITION EASTON VILLAGE 3RD ADDITION RICKSONCivil E EASEMENT DETAIL DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEING 5 FEET IN WIDTH AND ADJOININGLOT LINES AND 10 FEET IN WIDTH AND ADJOININGRIGHT OF WAYS AND BLOCK LINES, AS SHOWN ONTHE PLAT, UNLESS OTHERWISE INDICATED (NOT TO SCALE) LEGEND NOTES SHEET 3 OF 3 SHEETSEASTON VILLAGE 3RD ADDITION POND O U T L O T C E 10 9 876 32 OUTLOT 19 18 17 OUTLOT J OU T L O T H OUTLOT I OUTLOT I OUTLOT B OUTLOT B OUTLOT D 10 11 9 7 8 7 12 6 5 54 3 1 25 24 23222120191817161514 10 9 8 7 6 5 4 3 2 1 7 9 10 11 13 17 1 2 456 8 7 6 5 4 3 21 1 2 3 4 5 6 7 8 20 19 18 17 16 15 14 13 111098765 4 9 10 13 11 12 13 12 11 10 9 8 7 6 5 4 3 2 292827 26252423222120191814 1 5 6 7 8 9 10 11 12 13 14 15 16 19 18 17 16 15 14 13 12 11 10 9 8 7 65 4 3 1 11 8 7 6 5 4 3 2 1 26 25 24 23 22 20 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 13 12 11 10 1 OUTLOT B 3 1 2 16 17 12 13 N0 0 ° 0 3 ' 0 7 " E 24 0 . 0 0 N0 0 ° 0 0 ' 5 8 " E 440.04N89°58'14"W 38 2 . 7 0 S0 0 ° 0 0 ' 5 8 " W 286. 8 0 S64 ° 0 6 ' 0 2 " E 2 2 0 . 7 0 S 4 3 ° 3 1 ' 0 2 " E 48 9 . 9 0 N0 0 ° 0 0 ' 5 8 " E 69.19 N72°32'4 8 " E 33 0 . 0 0 S0 0 ° 0 0 ' 5 8 " W 300.00S89°59'02"E 42 4 . 4 1 N0 0 ° 0 0 ' 5 8 " E 2322.31 N72°32'4 8 " E N89°32'18"E 2579.93 30.00 S89°59'02"E Ma n n i n g A v e n u e N o r t h Union P a c i f i c R a i l r o a d FUTURE DEVELOPMENT MINER & LAMPERT SCHILTGEN REID PARK NORTHERN NATURAL GAS EASTON VILLAGE, LLC La k e E l m o A i r p o r t 2 1 D POND INFILTRATION BASIN 3 18 OUTLOT A OUTLOTF OU T L O T I 11 8 12 14 15 16 9 2 2 2 2 3 3 3 78 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7 8 9 10 111011121314 11 12 13 14 15 16 17 8543211 93 2 FUTURE DEVELOPMENT 6 7 4 5 9 2 9 1 0 91 0 910 910 91 0 2 4POND 10 Ma n n i n g A v e n u e N o r t h La k e E l m o A i r p o r t 2 1 D 8 9 8 21 3 14 15 12 21 OUTLOT D GOUTLOT 27 EA S T O N V I L L A G E , L L C 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 EA S T O N V I L L A G E PR E L I M I N A R Y P L A T LA K E E L M O , M I N N E S O T A 13-114 TAE TAE, JSR 03/16/2015 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: DRAWN BY: CHECKED BY: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 1 of 33 C1© 20 1 5 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d TITLE SHEET 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT N Easton illageV Preliminary latP E lmo, akeL M innesota archm 16, 2015 Single Family R esidential ubdivisionS SE 14 SW 14 SITE 30th Street N 12 Union Pa c i f i c R a i l r o a d N Street 32nd La k e E l m o A v e N 31st street N Li s b o n A v e N Ma n n i n g A v e ( C S A H 1 5 ) Stillw a t e r B l v d N ( S t a t e H i g h w a y 5 ) 13 NW 14 NE 14 SE 14SW 14 Washington County, Minnesota Site Location Map Section 12 & 13, T29N - R21W 217 Unit NOTE: ALL CONSTRUCTION SHALL COMFORM TO THE STANDARDS OF THE CITY OF LAKE ELMO SHEET ID DESCRIPTIONSHEET NO. 1 C1 TITLE SHEET 2 C2 EXISTING CONDITIONS 3 C3 EXISTING CONDITIONS 4 C4 EXISTING CONDITIONS 5 C5 OVERALL SITE & AREA CALCULATIONS 6 C6 PRELIMINARY LAYOUT PLAN 11 10 9 8 7 C11 C10 C9 C8 C7 STREET PROFILES STREET PLAN STREET PLAN PRELIMINARY LAYOUT PLAN PRELIMINARY LAYOUT PLAN 16 15 14 13 12 C16 C15 C14 C13 C12 EROSION CONTROL PLAN EROSION CONTROL PLAN EROSION CONTROL PLAN STREET PROFILES STREET PROFILES 21 20 19 18 17 C21 C20 C19 C18 C17 GRADING PLAN GRADING PLAN GRADING PLAN GRADING PLAN GRADING PLAN 30 25 24 23 22 C30 C25 C24 C23 C22 DETAILS UTILITY PLAN UTILITY PLAN GRADING PLAN GRADING PLAN 33 31 C33 C31 DETAILS DETAILS PLAN SHEET INDEX: UTILITY PLANC2626 UTILITY PLANC2727 UTILITY PLANC2828 29 C29 UTILITY PLAN DETAILSC3232 5 L5 ENTRANCE DETAIL EAST LANDSCAPE PLANL22 1 L1 LANDSCAPE TITLE SHEET INFILTRATION BASIN DETAIL LANDSCAPE DETAILS L4 L6 4 6 WEST LANDSCAPE PLANL33 1 TS TREE SURVEY/REPLACEMENT CALCULATION 2ND AND 3RD ADDITION REVISIONS - 4/28/17 Lot reconfigurations (Blocks 3, 4, 5, 6, 7 & 8) Right of Way reconfiguration Profile Changes for Alignments 1, 4, 5, 6 & 7 Grading Changes for Pond B10 (NW Corner) Grading Changes for Pads in Blocks 3, 4, 5, 6 7,8 & 12 Revision to Gas Crossing for Pond B10 Storm Pipe Routing and Structure Changes for Structures: 64-70, 84-105, 109-118, 125-138 & 151-158 Sanitary Sewer Pipe Routing and Structure Changes for Structures: 29-31A, 29-34, 48-55, 56-62, 63-67 & 68-74 1ST ADDITION REVISIONS - 10/28/15 Raised Road Up Between Blocks 9 and 10 POND 91 7 917 28 22 19 23 27 20 1 92 34 7 8 10 12 11 13 24 18 O U T L O T C E 10 9 876 32 OUTLOT 19 18 17 OUTLOT J OU T L O T H OUTLOT I OUTLOT I OUTLOT B OUTLOT B OUTLOT D 10 11 9 7 8 7 12 6 5 54 3 1 25 24 23222120191817161514 10 9 8 7 6 5 4 3 2 1 7 9 10 11 13 17 1 2 456 8 7 6 5 4 3 21 1 2 3 4 5 6 7 8 20 19 18 17 16 15 14 13 111098765 4 9 10 13 11 12 13 12 11 10 9 8 7 6 5 4 3 2 292827 26252423222120191814 1 5 6 7 8 9 10 11 12 13 14 15 16 19 18 17 16 15 14 13 12 11 10 9 8 7 65 4 3 1 11 8 7 6 5 4 3 2 1 26 25 24 23 22 20 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 13 12 11 10 1 OUTLOT B 3 1 2 16 17 12 13 15 16 26 28 28 28 MINER & LAMPERT SCHILTGEN REID PARK NORTHERN NATURAL GAS EASTON VILLAGE, LLC POND INFILTRATION BASIN 21 3 18 17 OUTLOT A 5 OUTLOTF OU T L O T I 14 25 28 28 11 8 12 14 15 16 9 8543211 93 2 FUTURE DEVELOPMENT 6 7 4 5 9 2 9 1 0 91 0 910 910 91 0 2 PHASE I PHASE I PHASE I 4POND 10 29 30 21 3 14 15 12 21 OUT L O T D GOUTLOT 2nd A d d i t i o n 3rd Addition 27 6 31 918 920 920918 918 EA S T O N V I L L A G E , L L C 21 4 0 C O U N T Y R O A D 4 2 W E S T BU R N S V I L L E , M N 5 5 3 3 7 EA S T O N V I L L A G E PR E L I M I N A R Y P L A T LA K E E L M O , M I N N E S O T A 13-114 TAE TAE, JSR 03/16/2015 40418 LICENSE NO. TODD A. ERICKSON, PE DATE: DRAWN BY: CHECKED BY: JOB NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OW N E R / D E V E L O P E R PR O J E C T T I T L E SHEET TITLE SHEET NO. SHEET 5 of 33 C5© 20 1 5 - T. E r i c k s o n , L L C - E r i c k s o n C i v i l - A l l R i g h t s R e s e r v e d PRELIMINARY SITE PLAN 333 North Main Street, Suite 201 Phone (612) 309-3804 ERICKSON Stillwater, Minnesota 55082 Civil www.ericksoncivilsite.com DRAWING PHASE: AGENCY REVIEW OWNER REVIEW BID DOCUMENT FOR CONSTRUCTION AS-BUILT DOCUMENT N AREA CALCULATION: PHASE I (FINAL PLAT 2015) SIZE (ACRES)OWNERSHIPNAMEUSE OUTLOT TABLE: AREA ID21 4)PROPOSED ZONING: LDR URBAN LOW DENSITY RESIDENTIAL COMPREHENSIVE PLAN: VILLAGE URBAN LOW DENSITY RESIDENTIAL (1.5 - 2.5 UNITS PER ACRE)3) 2) 1) EXISTING ZONING: RT - RURAL TRANSITIONAL ZONING 13.029.21.14.0002, 13.029.21.41.0001, 13.029.21.42.0001PARCEL COMPRISES OF THE FOLLOWING PID NUMBERS: PARCEL INFO PROPERTY BOUNDARY LEGEND P A R K A R E A A R E A C A L C U L A T I O N SU M M A R Y R I G H T O F W A Y L O T A R E A O P E N S P A C E 15'SIDE SETBACK (CORNER LOTS) NOTE: DRAINAGE AND UTILITY EASEMENTS SHOWN FOR 100-YEAR HWL OF PONDING AREAS 2'MIN. BASEMENT ELEVATION ABOVE 100 YEAR HWL: * UNLESS SHOWN ON PRELIMINARY LAYOUT MINIMUM LOT SIZE:8,100 SQ. FT. AVERAGE LOT SIZE:10,486 SQ. FT. 10' *FRONT AND REAR EASEMENT: TYPICAL LOT WIDTH:65' TYPICAL LOT DEPTH:130' 5' *SIDE YARD EASEMENT: 20'REAR SETBACK HOUSE SIDE SETBACK 10' 5'GARAGE SIDE SETBACK 25'FRONT SETBACK DEVELOPMENT STANDARDS Area ID Block or Outlot Square Feet Acres Park Area 1 Part of Outlot I 99,516 2.28 Park Area 2 Part of Outlot B 36,361 0.83 Park Area 3 Outlot D 59,197 1.36 Park Area 4 Part of Outlot E 4,501 0.10 Park Area 5 Outlot F 3,084 0.07 Park Area 6 Outlot H 4,733 0.11 Park Area 7 Part of Outlot K 110,171 2.53 Subtotal 7.29 Open Space 8 Part of Outlot I 94,368 2.17 Open Space 9 Part of Outlot B 694,682 15.95 Open Space 10 Outlot A 33,032 0.76 Open Space 11 Outlot J 2,170 0.05 Open Space 12 Part of Outlot I 21,095 0.48 Open Space 13 Outlot C 4,998 0.11 Open Space 14 Outlot G 11,014 0.25 Open Space 29 Part of Outlot K 9,586 0.22 Open Space 30 Part of Outlot E 6,680 0.15 Subtotal 20.01 Lot Area 15 Block 13 100,843 2.32 Lot Area 16 Block 7 220,695 5.07 Lot Area 17 Block 8 296,096 6.80 Lot Area 18 Block 9 205,881 4.73 Lot Area 19 Block 10 289,229 6.64 Lot Area 20 Block 11 186,838 4.29 Lot Area 21 Block 12 150,123 3.45 Lot Area 22 Block 1 84,473 1.94 Lot Area 23 Block 2 200,385 4.60 Lot Area 24 Block 3 128,972 2.96 Lot Area 25 Block 4 122,141 2.80 Lot Area 26 Block 5 106,763 2.45 Lot Area 27 Block 6 183,205 4.21 Subtotal 52.24 Right of Way Area 28 824,425 18.93 Subtotal 18.93 PARK AREA 7.29 OPEN SPACE 20.01 LOT AREA 52.24 RIGHT OF WAY 18.93 RUNWAY PROTECTION ZONE 4.77 STEEP SLOPE AREAS 2.65 TOTAL PROPERTY AREA 98.47 TOTAL PROPOSED LOTS 217 PERCENT OF OPEN SPACE/PARK 27.7% GROSS DENSITY 2.20 Acres OUTLOT A OPEN SPACE / POND CITY 0.76 OUTLOT B OPEN SPACE / PARK / POND CITY 16.78 OUTLOT C OPEN SPACE CITY 0.11 OUTLOT D PARK CITY 1.36 OUTLOT E OPEN SPACE / PARK CITY 0.26 OUTLOT F PARK CITY 0.07 OUTLOT G OPEN SPACE CITY 0.25 OUTLOT H PARK CITY 0.11 OUTLOT I OPEN SPACE / PARK / POND CITY 4.94 OUTLOT J OPEN SPACE CITY 0.05 OUTLOT K PARK / EXTENSION OF REID PARK CITY 2.75 27.44 PARK AREAS 6 3,971 0.09 7.19 Open Space 31 Outlot D 4,814 0.11 (ADDED 4/28/17) 20.12 812,117 18.64 18.64 52.42 18.64 7.19 20.12 52.42 1 Resolution 2017-076 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-076 A RESOLUTION APPROVING A FINAL PLAT FOR EASTON VILLAGE 3RD ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Chase Development, 2140 West County Road 42, Burnsville, MN has submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Easton Village 3rd Addition Final Plat, a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, the Easton Village Sketch Plan was reviewed by the Planning Commission on January 7, 2014 and approved by City Council on February 5, 2014; and WHEREAS, the City approved the Easton Village Preliminary Plat subject to 21 conditions; and WHEREAS, the proposed Easton Village 3rd Addition includes 28 single family residential lots within the Easton Village 217 unit residential development; and WHEREAS, the Lake Elmo Planning Commission reviewed the Easton Village 2nd Addition Final plat at its July 10, 2017 meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Final Plat subject to 10 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Final Plat as part of a memorandum to the City Council for its July 18, 2017 meeting; and WHEREAS, the City Council reviewed the Easton Village 3rd Addition Final Plat at its meeting held on July 18, 2017 and made the following findings: 1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat have been met by the Applicant. 2) That the proposed Final Plat for Easton Village consists of the creation of 28 single-family detached residential structures. 2 Resolution 2017-076 3) That the Easton Village 3rd Addition Final Plat is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on July 15, 2014 and as amended and approved on June 21, 2017. 4) That the Easton Village 3rd Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 5) That the Easton Village 3rd Addition Final Plat complies with the City’s Urban Low Density Residential zoning district regulations. 6) That the Easton Village 3rd Addition Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances with the exception of issues identified in the July 10, 2017 Staff report to the Planning Commission. 7) That the Easton Village 3rd Addition Final Plat complies with the City’s subdivision ordinance. 8) That the Easton Village 3rd Addition Final Plat is generally consistent with the City’s engineering standards with the exception of necessary plan revisions outlined by the City Engineer in his review comments to the City dated May 25 , 2017. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Easton Village 3rd Addition Final Plat subject to the following conditions: 1) Final grading, drainage, and erosion control plans, sanitary and storm water management plans, landscape plans, and street and utility construction plans shall be reviewed and approved by the City Engineer and applicable Staff prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in the memorandums addressing Easton Village 3rd Addition Final Plat and Easton Village 3rd Addition Construction Plan Review dated May 25, 2017 in the memo shall be incorporated into these documents before they are approved. 2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements for the Easton Village 3rd Addition Final Plat with financial guarantees therefore. 3) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to its execution by City Officials. 4) The Applicant shall submit an updated Landscape Plan that is consistent with Preliminary Landscape Plans. The updated plans will need to be approved by the City. 5) A Landscape License Agreement shall be executed for the maintenance of commonly held HOA and City outlots and right-of-ways prior to release of the final plat by City Officials. 3 Resolution 2017-076 6) A temporary easement for the temporary cul-de-sac connecting 33rd Street North to Village Parkway shall be fully executed on the City standard easement agreement form. 7) The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights. 8) All builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 9) The developer shall abide by any conditions of approval as listed in permits issued by Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. 10) All title work must be submitted and accepted prior to recording of Final Plat. Passed and duly adopted this 18th day of July, 2017 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: July 18, 2017 REGULAR ITEM #: 21 TO: City Council FROM: Stephen Wensman, Planning Director AGENDA ITEM: Easton Village 3rd Addition Developers Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Brian Swanson, Finance Director BACKGROUND: On July 18, 2017, the City Council adopted Resolution 2017-081 approving the Final Plat of Easton Village 3rd Addition. 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 2017-081 approving the Developer Agreement for Easton Village 3rd Addition. REVIEW/ANALYSIS: A condition of approval of the Easton Village 3rd Addition Final Plat is that the developer enter into a Developer’s Agreement prior to the execution of the plat by City officials. Staff has drafted this Developer Agreement which is attached for consideration by the City Council. The key aspects of the agreement include the following components: •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 $1,104,400 related to the cost of the proposed improvements. •That the developer dedicate outlots I, J and B to the City which satisfies the parkland dedication for the Easton Village development (all phases) and contains stormwater infrastructure. With the land dedication, the Letter of Credit in the amount of $10,854 representing fee in lieu of park dedication collected with the 2nd Addition final plat will be released back to the developer. •That the developer provide a cash deposit of $250,295 for SAC and WAC charges, engineering administration, one year of street light operating costs, railroad crossing improvements, AUAR and other City fees. City Council Business Item #21 Meeting date: 7/18/2017 Page 2 •The developer will oversize watermain for which the City will reimburse the developer in the amount of $3,960 once the improvements are accepted. The construction plans for the project have not been approved. Once approved, the Plan approval dates will be incorporated into this document prior to its execution by the developer and the City. Only after execution of this Agreement, receipt of all fees and securities, insurance, recording of the final plat other and the completion of a pre-construction meeting with the City, construction can commence. FISCAL IMPACT: The future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 19 lot single family residential subdivision. $10,854 is being collected in the form of a Letter of Credit to be released when the remaining parkland of the entire subdivision is dedicated to the City. The City will be making a direct payment to the developer in the amount of $3,960 to reimburse the developer for watermain oversizing. The railroad improvements are estimated and should the construction cost more than estimated, the benefiting properties will be assessed for the increased costs as stipulated in the Developer Agreement. OPTIONS: The City Council is being asked to consider the approval of the Developer’s Agreement on the regular agenda and has the following options: 1)Adopt Resolution 2017-081 approving the Developer Agreement for Easton Village 3rd Addition; or 2)Amend and Adopt Resolution 2017-081 approving the Developer Agreement for Easton Village 3rd Addition. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2017-081 approving the Developer’s Agreement for Easton Village 3rd Addition with the following motion: “Move to adopt Resolution 2017-081 approving the developer’s agreement for Easton Village 3rd Addition” City Council Item #21 Meeting date: 7/18/2017 Page 2 ATTACHMENTS: •Resolution 2017-081 •Easton Village 3rd Addition Developer’s Agreement CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-081 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE EASTON VILLAGE 3ND ADDITION FINAL PLAT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Chase Development, 2140 West County Road 42, Burnsville, MN (“applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Easton Village 3rd Addition Planned Unit Development; and WHEREAS, the Lake Elmo Planning Commission considered the Easton Village Sketch Plan at its January 27, 2014 meeting; and WHEREAS, the Lake Elmo City Council approved the Easton Village Preliminary Plat and on July 15, 2014; and WHEREAS, the Lake Elmo City Council adopted Resolution 2017-076 on July 18, 2017 approving the Final Plat for Easton Village 3rd Addition; and WHEREAS, a condition of approval of said Resolution 2017-076, 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 July 18, 2017 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer’s Agreement for Easton Village 3rd Addition PUD and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 18 day of July, 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) Easton Village 3rd Addition THIS DEVELOPMENT AGREEMENT is dated ______________, 2017, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”), and Chase Development Inc (the “Developer”). 1.REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Easton Village 3rd 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 2 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 prepared deeds conveying fee title of Outlots B, I and J to the City and provided copies of the executed warranty deed to the City for recording with Washington County; B. 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; C. the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City’s standard form; D. this Agreement has been executed by the Developer and the City; E. the required Letters of Credit (as hereinafter defined) have been received by the City from or on behalf of the Developer; F. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; G. 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; H. the Developer has paid any outstanding assessments and taxes for the property or property being deeded to the City; I. the Developer has fulfilled any park dedication requirements as specified under this Agreement; J. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable 3 watershed, Washington County, and any other agency having jurisdiction over the Subdivision; K. the Developer has provided the City with a certificate of insurance required by this Agreement; L. the Developer or the Developer’s engineer and the Developer’s contractor(s) have initiated and attended a preconstruction meeting with the City Engineer, and City staff; M. the final plat has been recorded with Washington County; N. the City has issued a written notice that all above conditions have been satisfied and that the Developer may proceed; O. Legal documents regarding homeowner association documents, covenants, and restrictions have been submitted, reviewed and approval by the City Attorney; and P. the Developer shall provide a Title Policy for all land dedicated to the City. 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. 4 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. 7.DEVELOPMENT PLANS. The Developer agrees to develop the Property in accordance with the City approvals, including the terms and conditions of approval of the final plat as detailed in City Council Resolution No. 2017-076, 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. W ater system improvements; D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs, etc.) E. Streets and sidewalks; F. Trails; G. Underground private utilities; 5 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 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 39 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 6 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. 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 7 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 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 8 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 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 of 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 32nd Street North and the Village Parkway. 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 9 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 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. 10 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, 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 11 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 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 # 2015-13. 12 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 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 is required to dedicate 9.84 acres of land for public park purposes for the entire development. The Developer dedicated 3.99 acres with Easton Village 1st Addition. The Developer provided a Letter of Credit in the amount of $10,854 which represented fee in lieu of park dedication for the Easton Village 2nd Addition final plat. The Developer shall dedicate Outlots B, I and J, satisfying the remaining required 5.85 acres park land consistent with the Lake Elmo Subdivision Ordinance. Upon recording of warranty deeds for the 13 Outlots B, I and J, the Letter of Credit in the amount of $10,854 which represented fee in lieu of park dedication for the Easton Village 2nd Addition final plat shall be released by the City. 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 $6,440.00 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 the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $84,000.00. 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 $84,000.00. 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 14 required Security is $12,000 and consist of two (2) decorative lights at $6000 each, a Developer shall also pay the City $258 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 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 a single building permit for a “model home” 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 15 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 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 16 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 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 17 if the Developer sells one or more lots, the entire Property, or any portion of it. 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. RAILROAD CROSSING IMPROVEMENTS. The Developer shall be required to pay for a portion of the costs to secure, build and install a public rail crossing at the location shown in Exhibit B to specifications required by the City, the Minnesota Department of Transportation, the Union Pacific Rail Road and any other regulatory agency having jurisdiction over the crossing and the track in accordance with the specifications of the City of Lake Elmo. The Developer’s portion of these costs shall be calculated based on the percentage of the overall number of Residential Equivalency Connection (REC) units planned for developments that will directly access the Village Parkway minor collector road between Washington County Highway 14 and 30th Street divided by the estimated overall project costs. The City will request that all future development projects connecting directly to Village Parkway contribute towards said crossing improvement. The Developer shall provide all property in fee and/or easements as required by the City necessary to establish the railroad crossing. The Developer paid $63,000 out of the estimated $193,000 to the City for its share of the estimated cost railroad crossing improvements with the final plat of Easton Village 1st Addition. The Developer paid $16,902 with the final plat of Easton Village 2nd Addition. A. The amount of the cash payment for Easton Village 3rd Addition shall be $24,897 which was calculated as follows: $193,000 (Easton Village’s share of the estimated project costs multiplied by 12.9% (28 Lots / 217 Lots in all phases) = $24,897. B. The calculation for future railroad crossing costs has been determined as follows: Parcel ID(s) Percentage Total Costs 18 Easton Village 13.029.21.14.0002 13.029.21.42.0001 13.029.21.41.0001 13.029.21.13.0001 38.6% $193,000 13.029.21.43.0004 13.029.21.44.0002 17.8% $89,000 13.029.21.12.0001 13.029.21.14.0002 30.2% $151,000 13.029.21.24.0001 13.4% $67,000 Totals 100% $500,000 C. If the construction amount of the railroad crossing installation exceeds $500,000, the additional cost shall be allocated proportionally to the parcels listed above upon consent of all property owners and the City. The City may participate in the additional costs of construction of the railroad crossing if it is deemed to be necessary as a matter of public safety. 30. CITY PAYMENTS. The City shall reimburse the Developer in the amount of $3,960 for oversizing costs associated with the installation of 8 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 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. 31. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the May 25 2017, Engineering memorandum. B. The Developer shall install a temporary turnaround on the north end of Lilac Avenue 19 N to remain until it Lilac Avenue N is extended to the north with the future phase of the Easton Village development. C. The Developer shall install a temporary road access a from 33rd Street North to the Village Parkway to remain until Outlot C, Easton Village 3rd Addition is platted into lots. D. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. E. 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. 32. 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 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 20 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 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 21 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 compliance. 33. 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 22 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. 34. 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. 35. 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 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 23 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. 36. 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 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 24 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. 37. 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 $1,104,400. The bank originating the letter of credit shall be determined by the City to be solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the 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. 25 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. 38. 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 $245,306, of the Security associated with grading may be released. This Security reduction does not include amounts related to erosion and sedimentation control. B. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of $231,200 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. 26 2. Construction Categories 4 and 5: The amount of $258,617 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 $62,092 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 $92,412 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 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 27 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. 39. 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): $84,000 Water Availability Charge (WAC): $84,000 Park Dedication N/A AUAR Fee: $6,440 Railroad Crossing Improvement Contribution: $24,897 Special Assessments Due: $0 Street Light Operating Fee: $258 City Base Map Upgrading ($25.00 per REU): $700 City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $ 250,295 28 40. 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: 2140 County Rd 42 W, Burnsville, MN 55337. 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. 41. 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. 42. 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. 43. 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. 44. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 29 45. 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. 30 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 31 Chase Development Inc 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 32 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 33 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 ________________, 20017, by _______________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 34 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 F, Easton Village, Washington County, Minnesota, according to the recorded plat thereof, excepting all that part of Easton Village 2nd Addition, Washington County, Minnesota B-1 EXHIBIT B TO DEVELOPMENT CONTRACT List of Plan Documents The following documents prepared by Erickson Civil, and Pioneer Engineering, collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE C1 Title Sheet C2-C4 Existing Conditions C5 Grading Standard Plan Notes C6-C8 Erosion Control and Site Restoration Plan C9-C11 Grading Plan C12 Site Layout, Lighting and Signing Plan C13-C14 Street Plan and Profile C15-C16 Sanitary Sewer & Watermain Plan & Profile C17 Storm Sewer Plan & Profile C18-C25 Details L1 Landscape Plan L2 Landscape Plan Details C-1 EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125% 1 Grading $ 196,245 $ 245,306 2 Sanitary Sewer $ 118,179 $ 147,724 3 Watermain $ 128,435 $ 160,544 4 Storm Sewer (includes pond structures and outfall pipes) $ 118,267 $ 147,834 5 Streets and Sidewalks $ 157,590 $ 196,988 6 Trails $ 14,600 $ 18,250 7 Surface Water Facilities (ponds, infiltration basins, other BMPs) $ - $ - 8 Street Lighting $ 48,000 $ 60,000 9 Street and Traffic Signs $ 1,850 $ 2,313 10 Private Utilities (electricity, natural gas, telephone, and cable) N/A $ N/A 11 Landscaping Improvements $ 98,573 $ 123,216 12 Tree Preservation and Restoration N/A $ N/A 13 Wetland Mitigation and Buffers N/A $ N/A 14 Monuments $ 2,800 $ 3,500 15 Erosion and Sedimentation Control $ 29,982 $ 37,477 16 Miscellaneous Facilities N/A N/A 17 Developer’s Record Drawings $ 5,000 $ 6,250 TOTALS $ 888,520 $ 1,104,400 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: July 18, 2017 REGULAR ITEM #: 23 AGENDA ITEM: Bee Safe Resolution Amendment and Integrated Pest Management Plan TO: Mayor and City Council SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In 2015, the City Council adopted a Bee Safe City Resolution that listed the following actions: 1. The City shall undertake its best efforts to become a Bee-Safe City by undertaking the best management practices in the use of plantings and pesticides in all public places within the City. 2. The City shall refrain from the use of systemic pesticides and systemic insecticides on City owned property including pesticides from the neonicotinoid family. 3. The City shall undertake its best efforts to plant flowers favorable to bees and other pollinators in the City’s public spaces. 4. The City shall designate Bee-Safe areas in which future City plantings are free from systemic pesticides including neonicotinoids. 5. The City shall undertake its best efforts to communicate to Lake Elmo residents the importance of creating and maintaining a pollinator-friendly habitat. 6. The City shall publish a Bee-Safe City Progress Report on an annual basis. Last year the Environmental Committee began discussing things they could do to meet those actions listed in the resolution. At their April and May meetings, the Environmental Committee heard about pollinator friendly practices and began work on developing an Integrated Pest Management Plan (IPM). They reviewed IPMs from the Pollinator Friendly Alliance and Washington County. They also did additional research on their own and in consultation with University of Minnesota staff. The Council adopted the IPM at the June 20th meeting but requested the items be placed on a work session agenda for further discussion. These items were discussed at the July 11th work session. ISSUE BEFORE COMMITTEE: Should the Council amend or repeal the Bee Safe Resolution and Integrated Pest Management Plan? PROPOSAL DETAILS/ANALYSIS: Staff has drafted an amended resolution to remove the “systemic pesticides” as that was the language creating confusion for staff. As we heard from Laurie Schneider of the Pollinator Friendly Alliance, the only systemic pesticides are systemic insecticides. FISCAL IMPACT: NA OPTIONS: 1) Approve the amended Resolution No 2017-80 2) Approve the amended Resolution No 2017-80 and repeal the IPM 3) Repeal the Bee Safe Resolution No 2015-13 and the IPM RECOMMENDATION: Motion to approve Resolution No 2017-80 ATTACHMENTS: • Amended Resolution for Bee Safe Policies-redlined version • Lake Elmo IPM ____________________________________ Julie Johnson, City Clerk Resolution 2017-80 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-80 A RESOLUTION ENDORSING "BEE-SAFE" POLICIES AND PROCEDURES WHEREAS, the City of Lake Elmo Park Commission is dedicated to the protection of pollinators and to promoting a healthy natural environment through the reduction and elimination of harmful pesticides; and WHEREAS, bees and other pollinators are integral to a wide diversity of essential foods including fruit, nuts, and vegetables; and WHEREAS, native bees and honey bees are threatened due to habitat loss, pesticide use, pathogens and parasites; and WHEREAS, recent research suggests that there is a link between pesticides that contain neonicotinoids and the die-off of plant pollinators, including honey bees, native bees, butterflies, moths, and other insects; and WHEREAS, neonicotinoids are synthetic chemical insecticides that are similar in structure and action to nicotine, a naturally occurring plant compound; and WHEREAS, the City Council finds it is in the public interest and consistent with adopted City policy for the City to demonstrate its commitment to a safe and healthy community environment through the implementation of pest management practices in the maintenance of the city parks, open spaces and city property; and WHEREAS, the City Council adopted Resolution No 2015-13 on March 3, 2015. THEREFORE, BE IT RESOLVED THAT by the City Council of the City of Lake Elmo the following Resolution No 2015-13 be amended as follows: 1.The City shall undertake its best efforts to become a Bee-Safe City by undertaking the best management practices in the use of plantings and pesticides in all public places within the City. 2.The City shall refrain from the use of systemic pesticides and systemic insecticides on City owned property including pesticides from the neonicotinoid family. 3. The City shall undertake its best efforts to plant flowers favorable to bees and other pollinators in the City’s public spaces. 4.The City shall designate Bee-Safe areas in which future City plantings are free from systemic pesticides including neonicotinoids. 5.The City shall undertake its best efforts to communicate to Lake Elmo residents the importance of creating and maintaining a pollinator-friendly habitat. 6. The City shall publish a Bee-Safe City Progress Report on an annual basis. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Bee-Safe Ordinance for the City of Lake Elmo. Passed and duly adopted this 18th day of July, 2017 by the City Council of the City of Lake Elmo, Minnesota. ________________________________________ Mike Pearson, Mayor ATTEST: Integrated Pest Management Plan 2 Table of Contents Introduction 3 IPM Coordinator 3 Pest Definition 3 IPM Decision Making Strategy 3 Control Methods 5 Pesticide Application and Training 6 Plant-specifc Strategies for Minnesota noxious weeds 6 1. Eradicate List 6 2. Controlled List 7 3. Restricted List 7 4. Specifically regulated Plant List 8 Pest Specifc Strategies for Site Types 9 Parking Lot and Pavement Preservation 9 Trail Maintenance 11 ROW Maintenance 11 Alternative Pesticide List 12 Insecticide List 14 3 Introduction As of March 3, 2015 the City of Lake Elmo has been declared a Bee-Safe City. The use of any pesticide that adversely affects pollinators is prohibited in any of the city’s land including parks, roadways, and facility grounds. Integrated Pest Management (IPM) is a system that establishes a sustainable approach to managing pests by combining cultural, mechanical, physical, biological and chemical tools to eliminate or mitigate economic, environmental and health damage caused by pests. IPM minimizes the use of pesticides and the risk to human health and the environment associated with pesticide applications. This system uses integrated methods, site or pest inspections, pest population monitoring, evaluations of the need for pest control, plus one or more pest control methods such as sanitation, structural repairs, both mechanical and living biological controls, and many other non-chemical methods. If nontoxic options are deemed unreasonable and have been exhausted, then resort to the least toxic pesticides. The objective of this IPM plan is to:  Identify cultural, mechanical, physical, biological and chemical control methods to manage noxious plants and pests.  Identify cultural, mechanical, physical, biological and chemical control methods for maintenance practices including: parking lot and pavement preservation, trail maintenance, ROW maintenance and ecological restoration practices. IPM Coordinator The IPM Coordinators are the Planning Director for new developments and the Public Works Director for existing city facilities. The IPM Coordinators are responsible to implement the IPM plan and to coordinate pest management-related communications. The IPM Coordinators will review annually and update the IPM program. Pest Definition The primary focus of the IPM is an integrated approach for managing pests. For our purposes, a pest is an organism considered injurious or unwanted by humans. This can include, but not limited to groups, including animals, plants, fungi, and viruses. IPM Decision Making Strategy An Integrated Pest Management decision shall consist of the following steps: 1. Identify noxious plant/pest species 2. Monitor and assess the action levels of pests 3. Select the appropriate management methods based on current on-site information 4 4. Record keeping 5. Assess effectiveness of pest management 6. Tactics for future prevention 7. Further evaluation 1. Identify noxious plant/pest species Proper and accurate ID of pests is essential for choosing the appropriate control method. 2. Monitor and asses action levels of pests Some pests and plants can be tolerated at low levels. Monitoring on a regular basis ensures staff is taking action when an action threshold has been reached. 3. Select the appropriate management methods based on current on-site information Decisions concerning whether or not pesticides should be applied in a given situation will be based on a review of all available options. Efforts will be made to avoid the use of pesticides by adequate pest proofing of facilities, beneficial sanitation practices, selection of pest-resistant plant materials, and appropriate horticultural practices. When it is determined that a pesticide must be used in order to meet pest management objectives, the least-hazardous material will be chosen. The types of control methods are listed in the next section. No person shall apply, store, or dispose of any pesticide on without being trained with the Public Works Department’s Pesticide/Herbicide Safety training. 4. Record keeping A record keeping system is essential to establish trends, patterns, and thresholds in pest outbreaks. Information recorded at every inspection or treatment should include pest identification, population size, distribution, recommendations for future prevention, and complete information on the treatment action. Records will be maintained for two years. 5. Assess effectiveness of pest management Using the records kept by Park staff, and recent monitoring feedback, the IPM coordinator will review the management method used and decide if the method is producing the wanted outcome. If not, the IPM coordinator and staff will develop a new strategy to combat the pest at hand. Only after all IPM methods are expelled will the use of pesticide be necessary. 6. Tactics for future prevention Prevention is the primary means of this, and any IPM program. Weed and pest problems can be largely avoided by careful design, soil preparation, proper planting/irrigation, and mulching practices. Park staff will use preventative actions to reduce conditions that attract pests to both the facility grounds and buildings. Finalized preventative measures will be incorporated into future and existing structures and designs. 5 7. Further evaluation The Environmental Committee will review the IPM program annually to gauge the effectiveness and efficiency of the program. Updates and renovations will be added to the preceding year’s IPM. Control Methods Once the decision making strategies have been considered and a pest has reached an action threshold, below are types of control methods to consider. These control methods are listed in order of most desirable #1 cultural control, to least desirable #5 chemical control. 1. Cultural control: -Selecting resistant species -Proper planting and watering techniques -Ensure healthy soil by using organic soil amendments such as compost -Habitat modification 2. Mechanical control: -Mowing, cutting and pruning -Mulching -Hand pulling -Hand torches/Flamers -Sanitation practices 3. Physical control: -Over-seeding -Thinning plant canopy -Tree tubes for young trees 4. Biological control: -Enhancement of favorable environment for natural enemies of pests -Introduction of native predators -Use of natural grazers such as goats, sheep, cattle and bison 5. Chemical control: -Only after exhausting non-chemical control methods -IPM coordinator must approve and decide on the least toxic chemical to be used Pesticide Application and Training The Public Works Director shall be responsible for distributing a pesticide application training document and record keeping documents for staff using pesticides on public 6 property. Applicators must have the appropriate Minnesota Department of Agriculture pesticide license. Plant-specific strategies for Minnesota noxious weeds Minnesota State Statute 18.75 provides a list of plant species that required to be controlled due to their aggressive nature, and potential to cause economic damage to landowners. The City of Lake Elmo uses this list to prioritize control efforts throughout the parks. A description of each species and control methods are described below. 1. Eradicate List Prohibited noxious weeds that are listed to be eradicated are plants that are not currently known to be present in Minnesota or are not widely established. These species must be eradicated, meaning all of the above and below ground parts of the plant must be destroyed, as required by Minnesota Statutes, Section 18.78. Additionally, no transportation, propagation, or sale of these plants is allowed. Measures must also be taken to prevent and exclude these species from being introduced into Minnesota. a. Common teasel (Dipsacus fullonum) b. Cut-leaved teasel (Dipsacus laciniatus) c. Dalmatian toadflax (Linaria dalmatica) d. Giant hogweed (Heracleum Mantegazzianum Sommier and Levier) e. Grecian foxglove (Digitalis lanata) f. Japanese hops (Humulus japonicas Siebold and Zucc.) g. Oriental bittersweet (Celastrus orbiculatus) Mechanical Control: Small infestations can be hand-pulled, but the entire plant and roots should be removed. Biological Control: Goats can be used to suppress re-growth of plants which have been cut. Chemical Control: Foliar treatment of Bittersweet can be done with a 2% solution of triclopyr amine (Garlon 3a) mixed in water with a non-ionic surfactant (.5%) to the leaves. (8 oz per 3 gal. mix). Cut –stem treatment can be done with a 25% mix of triclopyr amine (Garlon 3a) and applied to the stem. h. Yellow starthistle (Centurea solstitialis) 7 2. Controlled List: Prohibited noxious weeds listed to be controlled are plants established throughout Minnesota or regions of the state. Species on this list must be controlled, meaning efforts must be made to prevent the spread, maturation and dispersal of any propagating parts, thereby reducing established populations and preventing reproduction and spread as required by Minnesota Statutes, Section 18.78. Additionally, transportation, propagation, or sale of these plants is prohibited. a. Common Barberry, Berberis vulgaris L. b. Narrowleaf Bittercress, Cardamine impatiens L. c. Plumeless Thistle, Carduus acanthoides (L.) d. Spotted Knapweed, Centaurea stoebe spp. micranthos e. Canada Thistle, Cirsium arvense (L.) Scop. f. Leafy Spurge, Euphorbia esula (L.) g. Purple Loosestrife, Lythrum salicaria, virgatum (L.) h. Wild Parsnip, Pastinaca sativa L. (Except for non-wild cultivated varieties) i. Common Tansy, Tanacetum vulgare (L.) 3. Restricted List: Restricted noxious weeds are plants that are widely distributed in Minnesota and are detrimental to human or animal health, the environment, public roads, crops, livestock or other property, but whose only feasible means of control is to prevent their spread by prohibiting the importation, sale, and transportation of their propagating parts in the state except as allowed by Minnesota Statutes, Section 18.82. Plants designated as Restricted Noxious Weeds may be reclassified if effective means of control are developed. a. Tree of Heaven, Ailanthus altissima (Mill.) Swingle b. Garlic Mustard, Alliaria petiolata (Bieb.) c. Porcelain Berry, Ampelopsis brevipedunculata (Maxim.) Trautv. d. Crown Vetch, Securigera varia (L.) Lassen - formerly Coronilla varia L. e. Wild Carrot / Queen Anne's Lace, Daucus carota L. f. Glossy Buckthorn (and all cultivars), Frangula alnus Mill. (columnaris, tallcole, asplenifolia and all other cultivars) g. Amur Honeysuckle, Lonicera maackii (Rupr.) Herder h. Morrow's Honeysuckle, Lonicera morrowii A. Gray i. Bell's Honeysuckle, Lonicera x bella Zabel j. Common Reed - non-native subspecies, Phragmites australis subspecies australis (Cav.) Trin. ex Steud. k. Common or European Buckthorn, Rhamnus cathartica (L.) l. Black Locust, Robinia pseudoacacia L. m. Multiflora Rose, Rosa multiflora Thunb. n. Tatarian Honeysuckle, Lonicera tatarica L. 8 * For photos of noxious weeds visit: https://www.mda.state.mn.us/plants/pestmanagement/weedcontrol/noxiouslist.aspx 4. Specially Regulated Plant List: Specially regulated plants are plants that may be native species or have demonstrated economic value, but also have the potential to cause harm in non- controlled environments. Plants designated as specially regulated have been determined to pose ecological, economical, or human or animal health concerns. Plant specific management plans and or rules that define the use and management requirements for these plants will be developed by the Minnesota Department of Agriculture for each plant designated as specially regulated. Measures must also be taken to minimize the potential for harm caused by these plants. a. Poison Ivy, Toxicodendron radicans (L.) Kuntze & T. radicans (Small) Green Must be eradicated or controlled for public safety along rights-of-ways, trails, public accesses, business properties open to the public or on parts of lands where public access for business or commerce is granted. Must also be eradicated or controlled along property boarders when requested by adjoining landowners. b. Japanese Knotweed, Polygonum cuspidatum Seib. & Zucc. Synonym as Fallopia japonica (Houttuyn) Ronse-Decraene c. Giant Knotweed, Polygonum sachalinense F. Schmidt ex Maxim. Synonym: Fallopia sachalinensis (F. Schmidt) Ronse-Decraene Any person, corporation, business or other retail entity distributing Japanese and/or giant knotweeds for sale within the state, must have information directly affixed to the plant or container packaging that it is being sold with, indicating that it is unadvisable to plant this species within 100 feet of a water body or its designated flood plain as defined by Minnesota Statute 103F.111, Subdivision 4. d. Japanese Barberry, Berberis thunbergii DC. Phase-out of seediest varieties listed below: These cultivars average greater than 600 seeds per plant and will begin a three -year phase-out period in Minnesota beginning January 1, 2015. ‘Anderson’ (Lustre Green™); ‘Angel Wings’; ‘Antares’; ‘Bailgreen’ (Jade Carousel®);‘Bailone’ (Ruby Carousel®); ‘Bailsel’ (Golden Carousel® - B. koreana × B. thunbergii hybrid); ‘Bailtwo’ (Burgundy Carousel®); B. thunbergii var. atropurpurea; ‘Crimson Velvet’; ‘Erecta’; ‘Gold Ring’; ‘Inermis’; ‘JN Redleaf’ (Ruby Jewel™); ‘JN Variegated’ (Stardust™); ‘Kelleris’; ‘Kobold’; ‘Marshall Upright’; ‘Monomb’ (Cherry Bomb™); ‘Painter’s Palette’; ‘Pow Wow’; ‘Red Rocket’; ‘Rose Glow’; ‘Silver Mile’; ‘Sparkle’; ‘Tara’ (Emerald Carousel® - B. koreana × B. thunbergii hybrid); Wild Type (parent species – green barberry) At the end of the phase-out period (December 31, 2017), these species will become Restricted Noxious Weeds in Minnesota and will be illegal to sell and propagate. e. Amur Maple, Acer ginnala Maxim Sellers shall affix a label that advises buyers to only plant Amur maple and its cultivars in landscapes where the seedlings will be controlled by mowing or other means. Amur maple should be planted at least 100 yards from natural areas. Pest-Specific Strategies for Site Types Sites types differ throughout the city and therefore require various control methods to suit their specific needs. Listed below are the site types. 9 1. Trails and Pathways 2. Waterways 3. Right-of-Ways 4. Landscape Beds 5. Turf Areas 6. Hard Surface Areas 7. Playgrounds 8. Natural Areas 9. No pesticide Zones Parking lot and pavement preservation Flame technology Flame technology for home gardens have been around since the 1940s, and can be used on parking lot and pavement preservations to suppress vegetation growth within the cracks. Portable gas torches that produce heat above 2,000°F and can harm the vegetation structure within seconds. As the flame comes into contact with the vegetation, the heat boils the water within the plants’ cells, causing the cells to burst and destroying the cell and foliage. Portable torches should be used in early spring and summer as the annual and perennial weed emerges. Controlling the vegetation at an early stage will save on time and fuel. Proper personal protective equipment should always be worn and the manufacturer’s instructions should be well understood. Torches should never be used during extreme dry periods and the area should be clear of any unwanted debris. Torches should only be used with wind speeds below 5-miles-per-hour and outside of vehicles including Kubota™, Gator™, etc. Torch control works best when the vegetation is one to two inches tall. Warning signs should be placed at least 100 feet away from the beginning and end of the area of flame work. Flame tanks can range from 14-16oz tanks to five gallon tanks; using a larger tank does increase the time and area that can be burned. While pavement and parking lot protocols are being conducted a fire extinguisher should be within the vicinity in case the fire gets out of comfort. The operator should be wearing fire resistant gloves, long sleeve cotton shirt, long pants, and closed-toes boots. The tank hoses will vary by model. If the tank hose has a “torch bell” a hand lighter with a long neck should be used to light the torch. Do not use matches or a small lighter. Hands should not go near the end of the hose during the ignition process. Review all safety data sheets and company product protocols before going out into the field. Safety and Protocols 10 Propane tanks can range from 14-16oz to five gallons using a larger tank increases the time and area that can be burned. While pavement and parking lot protocols are being conducted, a fire extinguisher should be within the vicinity in case the fire gets out of comfort. The operator should be wearing fire resistant gloves, long sleeve cotton shirt, long pants, and closed-toes boots. The tank hoses will vary by model. If the tank hose has a “torch bell” a hand lighter with a long neck should be used to light the torch. Hands should not go near the end of the hose during the ignition process. Organic herbicide SummerSet Alldown Concentrate is a non-selective broadcast leaf and grass herbicide with the primary active ingredients of acetic acid and citric acid. Mixing should be done away from human and vehicle traffic. Alldown should be mixed two part of chemical to one part water (2:1 ratio). Rubber gloves, protective glasses, and long sleeves should be worn while the chemical is being handled. Pour the designated amount of chemical into the backpack sprayer, use water from the nearest hose to fill the tanks to the desired amount. The hose should NOT be placed in the tank to fill. The hose mouth should be held six to twelve inches away from the sprayer. Spraying should only occur when the temperature is between 65ºF - 90ºF for effective vegetation degradation. Spraying should be conducted with a wind speed of less than 10 miles-per-hour. Material safety data sheets should be reviewed before using the chemical. Proper safety equipment should be worn while cleaning; i.e. safety glasses, gloves, long sleeves, and long pants. Rinsing the spraying containers, wands and nozzles should be done away from vehicle traffic, human traffic, and natural water sources. Fill the container ¼ full with water and replace cap to prime pressure. Spray diluted chemical into ground for ten seconds. All containers should be properly labelled. Chemical Herbicide Rodeo herbicide can be used to eradicate a broad range of invasive and native vegetation. Rodeo can be mixed in variety sizes of herbicide backpack sprayers and tank sprayers with the correct ration of Rodeo to water. It is necessary to record the; date, applier, chemical used, location; and if there was an excess amount remaining in the backpack, if a label was created for the backpack, or the backpack was rinsed three times at the end of the use in the Pesticide Application Records three ringed-binder located in the chemical room of its designated park. Spraying should be conducted with a wind speed of less than 10 miles-per-hour and should be conducted between 65ºF - 90ºF. Material safety data sheets should be reviewed before using the chemical The chemical and water should be mixed away from human and vehicle traffic. Rubber gloves, protective glasses, and long sleeves should be worn while the chemical is being handled. Pore the designated amount of chemical into the backpack sprayer, use water 11 from the nearest hose to fill the tanks to the desired amount. The hose should NOT be placed in the tank to fill. The hose mouth should be held six to twelve inches away from the sprayer. Rinsing the spraying containers, wands and nozzles should be done away from vehicle traffic, human traffic, and natural water sources. Fill the container ¼ full with water and replace cap to prime pressure. Spray diluted chemical into ground for ten seconds. Dispose of excess chemical and refill and repeat actions two more times creating a, “triple rinse”. All containers should be properly labelled as “clean”. If the chemical was not used or cleaned and is still in the container, a label should be placed on top of the container that has the date, chemical, and percent of chemicals (i.e. mmdd rodeo @5%). Trail maintenance Management of trails in regards to IPM primarily involves the removal of invasive species, unwanted native species, pesky insects, problematic small mammals, and to ensure the structural integrity of the trail itself. Park staff identify the plant in question and then assess the population at hand. Once an IPM method has been decided on and implicated, further monitoring must be done to ensure the pest is under control or eradicated. Removal of either invasive or unwanted native species can be done by hand pulling or by using machinery. To prevent vegetative pests on trails, the depth of the trail material is monitored. Thinning trails receive new surface material to combat weed penetration. Insects and small mammal pests are deterred by introducing natural predators or the pest’s natural enemies; this can be done by shaping the infected area to the wanted animal’s preferred habitat. Eroding trails receive new surface material and may need plant species with extensive root systems planted along them to prevent future deterioration. ROW maintenance Lake Elmo’s Ordinance for the Management of Right of Ways states: “To provide for the health, safety, and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances.” Right of ways (ROW) include medians, curbsides, ditches, and landscape beds within the right of way. Since the City of Lake Elmo is a Bee-Safe City, the goal of the ROW maintenance is to provide suitable habitat for pollinators, with special emphasis on bees and monarch butterflies. This includes planting native plants in diverse and dense amounts, reducing mowing, and limiting herbicide use. 12 Alternative Pesticide List – 2017 PESTICIDE OR BEST PRACTICE USED FOR Phydura – Organic (Soil Tech Corp) citric acid, malic acid, clove oil HERBICIDE: non-selective herbicide for herbaceous broadleaf and grass weeds including garlic mustard and leafy spurge. Scythe – Organic (DOW AgroSciences) Perlargonic acid HERBICIDE: removes or burns waxy cuticle of green vegetation. Will not translocate. Non- selective, post-emergence for grasses and broadleaf weeds, perennial herbaceous plants. Alternative to glysophate. White Vinegar or acetic acid (Final Stop by Dr. Earth) HERBICIDE: Broad spectrum for weeds and grasses including poison ivy. Apply during hot sunny months. AllDown – Organic (Summerset) HERBICIDE: Non-selective annual broadleaf, perennial weeds and grass herbicide including Canada Thistle. Acetic acid, citric acid. Will not translocate. Alternative to glysophate. Burn-out / Bonide – Organic (Bayer Cropscience) clove oils, citric acid HERBICIDE: post defoliant on annual, perennial and grassy weeds. Non selective. Will kill most roots, will not translocate. Alternative to glysophate. Corn gluten – Organic HERBICIDE: pre-emergent herbicide for germinating weed seeds for broadleaf and grassy weeds. Often used for landscapes and gardens. Integrated Pest Management Practices Monitoring, identification and long term planning for insects and plants. Ground covers, biological controls, hedgerows, beetle banks, wind blocks, and hand pulling weeds. Improving soil health. Carefully planned mowing, brush hogging and management. Fire: Flameweeding, blow torch, controlled burns Used for weeds in crevices, along roadsides, trails. Annual controlled burns to encourage diversity and soil health. Plant Identification charts and education: for example: Thistle (Natives: Hills, Tall, Field, Flodmans, Swamp) (Non-native: Canada, Bull, Plumeless, Musk) Field staff may mistake native thistle for non-native. Visual field charts plus education can cut down on maintenance (State of Ohio uses this practice) Shade cloth smother Leave shade cloth in place for 1-2 years, remove and reseed in nutrient rich soil (State of Oregon uses for knapweed control) 13 Goats or sheep For large areas that are hard to manage, wooded areas with bushes and invasives like buckthorn. Fencing can be a challenge for goats. (Washington County used for buckthorn) Soil testing Make soil inhospitable for undesirable plants by augmenting soil with nutrients contrary to what non native plant requires (such as magnesium) Surround WP (Novasource) Kaolin clay INSECTICIDE: for fruit trees, bushes and plants. Sprayed on plants, leaves a protective powdery film on surface of leaves, stems and fruit. Controls long list of insect pests on fruit trees and ornamentals. Avoid spraying on blooming flowers and pollinators. (Used extensively in South America and Africa) Bacillus Thuringiensis (BT bacteria) INSECTICIDE: Naturally occurring soil bacterium kills specific insect larvae like cabbage worm larvae. Can be used to target mosquito and black fly larvae. Beneficial Insects (like hover flies, braconid wasps, tachinid flies, lacewings, lady beetles) When scouting plants for pests, check for both pest and beneficial insects such as lady beetles and bees. If beneficial insects are present, wait to treat and see if the beneficial insects can control the pest insects. Roadside mowing practices Reduce mowing of roadside beyond clear zone to benefit pollinators and reduce maintenance costs. Reduce frequency of mowing (one side per year), or timing (October or later). Restore remnant habitat and existing native vegetation. Protect pollinators. Use pesticides only when absolutely necessary. Least toxic insecticides include: boric acid, diatomaceous earth, neem oil, horticulture soap, and kaolin clay. If pesticides are necessary, use spot treatments. Do not use systemic insecticides which are highly toxic to pollinators and stay in the plant, soil or tree. Never spray flowers or buds. Do not apply while plants are in full bloom. Spray in the evening when bees are not foraging. Swarm Catchers: 651-436-7915 Statewide swarm rescue. Identify the insect species first if possible. Catchers will rescue and relocate honeybees, bumblebees and some native bees. Resources: Compiled by Pollinatorfriendly.org 1/2017 www.omri.org (Organic Materials Review Institute) www.beyondpesticides.org (Pesticide Gateway found under Resources) www.pesticideinfo.org (PAN Pesticide Database) www.cdms.net/label-database (Data Logic Database) 14 Insecticide Toxicity to Bees: By Active Ingredient  For a list of bee safe herbicides visit: http://www.medinabeekeepers.com/index.php?title=Pesticide_toxicity  Plants and Grasses: http://cues.cfans.umn.edu/old/gervais/keytable.htm  Additional resources: https://www.pesticideresearch.com/site/?page_id=9990 http://pollinatorstewardship.org/?page_id=1994