HomeMy WebLinkAboutLundgren CCA 7-5-2017 10-12 TI IF CITY OF
LAKE ELMO
STAFF REPORT
DATE: July 5, 2017
Regular Agenda
ITEM #: 10
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Southwind of Lake Elmo Townhomes Developers
Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
Brian Swanson, Finance Director
BACKGROUND:
On July 5, 2017, the City Council adopted Resolution 2017-072
approving the Final Plat for Southwind of Lake Elmo Townhomes. 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 2017-072
approving the Developer Agreement for Southwind of Lake Elmo
Townhomes.
REVIEW/ANALYSIS:
A condition of approval of the Southwind of Lake Elmo 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
f
O
L
City Council—Staff Report Regular Item#10
Meeting date: 71512017
Page 2
which is attached for consideration by the City Council. The key aspects
of the agreement include the following:
• That all public improvements to be completed by October 31,
2018, with the exception of the final wear course of asphalt on
streets.
• That the developer provide a letter of credit in the amount of $
1,971,739 related to the cost of the proposed improvements,
including 51h Street.
• That the developer provide a cash deposit of $421,537.00 for SAC
and WAC charges, park dedication, engineering administration,
one year of street light operating costs and other City fees.
• There are no direct payments to the developer for oversizing of
watermain and sanitary sewer in the project.
• The construction plans for the project, including the landscaping,
are still under review, but are expected to be approved with
minimal changes. Prior to execution of this agreement, the
construction plan approval dates will be entered on Exhibit B once
approved.
Upon execution of this Agreement, receipt of all fees and securities,
insurance, recording of the final plat 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 46 residential
G
C
City Council—Staff Report Regular Item#10
Meeting date: 71512017
Page 2
townhouse subdivision. Park land dedication of $70,000 will be
collected with the final plat.
OPTIONS:
The City Council is being asked to consider the approval of the
Developer's Agreement:
1) Adopt Resolution 2017-072 approving the Developer Agreement
for Southwind of Lake Elmo.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2017-072
approving the Developer's Agreement for Southwind of Lake Elmo with
the following motion:
"Move to adopt Resolution 2017-072 approving the developer's
agreement for Southwind of Lake Elmo"
ATTACHMENTS:
• Resolution 2017-072
• Southwind of Lake Elmo Developer's Agreement
O
C
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-072
A RESOL UTION APPR O VING AN AMENDMENT TO DE VELOPER 'S
A GREEMENT FOR THE SO UTHWIND OF LAKE ELMO
RESIDENTIAL TO WNHOME DE VEL OPMENT
WHEREAS, the City of Lake Elmo is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, Southwind Builders Inc, 2372 Leibel Street, White
Bear Lake, MN 55110 ("applicant") has previously submitted an
application to the City of Lake Elmo ("City") for a Final Plat for
Southwind of Lake Elmo Development; and
WHEREAS, on February 23, 2015, the Lake Elmo Planning
Commission reviewed a General Sketch Plan of the property; and
WHEREAS, on March 3, 2015, the Lake Elmo City Council
reviewed a General Sketch Plan, but took no action; and
WHEREAS, on July 7, 2015, the Lake Elmo Planning
Commission reviewed and recommended approval of the preliminary
plat; and
WHEREAS, on July 21, 2015, the Lake Elmo City Council
adopted Resolution 2015-056 approving the Preliminary Plat for a 46-
unit single family attached (townhouse) development, subject to 21
conditions; and
WHEREAS, on December 15, 2015, The Lake Elmo City Council
adopted Resolution 2015-88 approving a 12-month extension to the final
1
Resolution 2017-072
C
C �
C
plat submittal deadline of the approved plat to allow for additional time
to prepare for financing and other planning activities, thereby extending
the final plat application deadline to December 1, 2016, and
WHEREAS, on November 15, 2016, The Lake Elmo City Council
adopted Resolution 2016-102 approving a 12-month extension to the
final plat submittal deadline of the approved plat to allow for additional
time to prepare for financing and other planning activities, thereby
extending the final plat application deadline to December 1, 2017, and
WHEREAS, on June 12, 2017, the Lake Elmo Planning
Commission reviewed the Southwind of Lake Elmo Final plat and
recommended approval subject to 16 conditions; and
WHEREAS, on July 5, 2017, the Lake Elmo City Council
reviewed the Southwind of Lake Elmo Final Plat and adopted
Resolution 2017-068; and
WHEREAS, a condition of approval of said Resolution 2017-068,
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 5, 2017 meeting; and
NOW, THEREFORE, BE IT RESOLVED THAT the City
Council does hereby approve an amendment to the Developer's
Agreement for Southwind of Lake Elmo and authorizes the Mayor and
City Clerk to execute the document.
Passed and duly adopted this 5th day of July, 2017 by the City Council of
the City of Lake Elmo, Minnesota.
2
Resolution 2017-072
G
C
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
3
Resolution 2017-072
C �
C
(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water)
Southwind of Lake Elmo
THIS DEVELOPMENT AGREEMENT is dated ,
2017, by and between the CITY OF LAKE ELMO, a Minnesota
municipal corporation (the "City"), and Southwind of Lake Elmo,
LLC. (the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has
asked the City to approve a plat for Southwind of Lake Elmo
(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.
1
G
C
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 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 warranty deeds conveying fee
title of Outlot A, and C 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
2
G
C
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
3
I
G
C
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 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
4
C �
C
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
5
O
C
imposed when these outlots, if any, are platted into lots and
blocks.
5. 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.
6. 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. 2017-072, and to construct all
improvements in accordance with the approved construction
6
l
� i
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.
7. IMPROVEMENTS. In developing the Subdivision in
accordance with the Plans, the Developer shall make or install at
its sole expense the following public and private improvements
(collectively, the "Subdivision Improvements"):
A. Grading and erosion control;
B. Sanitary sewer;
c. Water system improvements;
D. Stormwater improvements (storm sewer pipe, control
structures, ponds, BMPs, etc.)
E. Streets and sidewalks;
F. Trails;
G
C
G. Underground private utilities,
H. Landscaping;
1. 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
8
G
C
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.
s. 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 34 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
9
O
C
staff and consultants. After 30 days of the invoice, the City may
draw upon the escrow and stop the work on site until the escrow
has been replenished in its full amount. City administration and
oversight will include monitoring of construction progress and
construction observation, consultation with the Developer and the
Developer's professionals on status or problems regarding the
project, coordination for testing, final inspection and acceptance,
project monitoring during the warranty period, and processing of
requests for reduction in the Security. Construction observation
shall include, at the discretion of the City, part or full time
inspection of proposed public utilities and street construction.
Services will be billed by the City on an hourly basis.
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)
10
i
I
Ci
II
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 7 above.
11
O
C
11 . TIME OF PERFORMANCE. The Developer shall install all
required Subdivision Improvements by October 31 , 2018, with the
exception of the final wear course of asphalt on streets. The
Developer shall install the bituminous wearing course of streets
after the first course has weathered a winter season, consistent
with warranty requirements, however, final acceptance of the
Subdivision Improvements by the City will not be granted until all
work is completed, including the final wear course. The
Developer may, however, request an extension of time from the
City. If an extension is granted, it shall be conditioned upon
updating the Security posted by the Developer to reflect cost
increases and amending this Agreement to reflect the extended
completion date. Final wear course placement outside of this
time frame must have the written 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
12
C �
C
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
13
c
�/
� �
agree, at the City's sole discretion, to keep the streets open
during winter months by plowing snow. The City will consider
snow plowing streets on a case by case basis and under the
following conditions. 1 ) The Developer must request in writing the
streets in question to be plowed by the City, with such request
received prior to October 1 st 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
14
I'
C�
C
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 5t" Street
North. No construction traffic is permitted on other adjacent local
streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The
City will require the Developer to construct the Subdivision
Improvements in a sequence which will allow progress and
compliance points to be measured and evaluated. The Developer
and the Developer's representatives are required to supervise
and coordinate all construction activities for all Subdivision
15
C �
C
Improvements and must notify the City in writing stating when the
work is ready for the inspection at each of the measurable points
defined in the following paragraphs.
16. EROSION CONTROL. All construction regarding the
Subdivision Improvements shall be completed in a manner
designed to control erosion and in compliance with the City Code,
the City's Engineering Design and Construction Standards
Manual, all watershed district permits, the Minnesota Pollution
Control Agency's best management practices, and other
requirements including the City's permit with the Minnesota
Pollution Control Agency for the municipal separate storm sewer
system program. Prior to initiating any work on the site, an
erosion control plan must be implemented by the Developer and
inspected and approved by the City. Erosion and sediment
control measures shall be coordinated with the various stages of
development. The City may impose additional erosion control
requirements at any stage in development as deemed necessary
to maintain a compliant site. All areas disturbed for site
16
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
17
C �
C
public Subdivision Improvements, the Developer assumes all
responsibility for erosion control compliance throughout the
Subdivision and the City may take such action as allowed by this
Agreement against the Developer for any noncompliant issue as
stated above. Erosion control plans for individual lots will be
required in accordance with the City's building permit
requirements, or as required by the City or City Engineer.
17. SITE GRADING. In order to construct the Subdivision
Improvements and otherwise prepare the Property for
development, it will be necessary for the Developer to grade the
Subdivision. All grading must be done in compliance with this
Agreement and the approved grading plans. Within 30 days after
completion of the grading, the Developer shall provide the City
with an "as built" grading plan and a certification by a registered
land surveyor or engineer as required in the City's Engineering
Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm
sewers, sanitary sewers, watermain, and streets, including turn
18
Ci
c
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
19
O
C
settled streets as determined by the City from a pre-wear course
walk through inspection.
19. LANDSCAPING AND TREE REPLACEMENT
IMPROVEMENTS.
A. The Developer agrees to install landscaping in
accordance with the approved Plans, the City approvals,
the City Code, the City's Engineering Design and
Construction Standards Manual, and the City's
Landscape and Irrigation Standards. All landscaping
materials such as trees, shrubs, grasses, or other
vegetation installed by the Developer must be warrantied
and maintained for a period of two (2) years. The two (2)
year warranty period shall be deemed to start once all
required landscaping identified as responsibility of
Developer in the approved Plans has received
acceptance by the City. The Developer agrees to have
the installer of the landscaping complete an inspection
thirty (30) days prior to the end of the two (2) year
20
G
C '
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
21
O
C
turf areas with an average blade height of three (3)
inches free of eroded, bare, or dead spots and free from
perennial weeds or unwanted grasses with no visible
surface soil." For areas seeded with a native grass or
flower mix "substantial performance" shall be defined as
"square foot native grass or flower areas with an average
height of eight (8) inches free of eroded, bare, or dead
spots and no visible surface soil."
C. The Developer shall follow the City of Lake Elmo "Bee
Safe" policy for pesticide use as per City Council
RESOLUTION NO. 2015-13.
20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES.
The Developer agrees to install street signs, traffic and parking
signs, and pavement markings within the Subdivision all in
accordance with the approved Plans and the City Engineering
Design Standards Manual. Street and traffic sign details shall be
submitted by the Developer to the City for approval prior to
installation. In addition, the Developer shall be responsible for the
22
C'
C
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
23
I
i
I
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 shall pay a cash
contribution of $70,000 in satisfaction of the City's park dedication
requirements. The charge was calculated as follows: 10% of
$700,000 (the purchase price per the Purchase Agreement dated
03/09/2017).
23. 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 $138,000.00.
24
G
C
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 $138,000.00.
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.
24. STREET LIGHTS. The Developer is responsible for the cost
of street light installation consistent with a street lighting plan
approved by the City. Before the City signs the final plat, the
Developer shall post a Security for street light installation
consistent with the approved plan. The required Security is
$48,000 and consist of eight (8) decorative lights at $6000.00
each. The Developer shall also pay the City $387.00 to
25
O
C
reimburse the City for the first year operating costs for the street
lights.
25. WETLAND MITIGATION. The Developer shall complete
wetland mitigation/restoration in accordance with the approved
Plans and in accordance with any applicable Watershed or
agency permits. If the mitigation work is 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.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permit shall be issued for any lot within the
Subdivision, or within a completed phase of the
Subdivision in a City preapproved phasing plan, until
such time that sanitary sewer, water, storm sewer,
curbing and one lift of asphalt has been installed and
tested for all public streets; sidewalks have been
26
C�
Cl
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 approved by the City for the lot and all downstream
storm water drainage facilities. However, the City will not
27
C�
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
28
G
C
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.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor,
materialmen, or others that work required by this
Agreement has been performed and the amounts due to
them have not been paid, and the laborers, materialmen,
or others are seeking payment from the City, the
Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules
of Civil Procedure for the District Courts, to draw upon
the Security in an amount up to 125 percent of the
29
C �
C
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
30
G
C
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
31
O
C
is a personal obligation of the Developer and shall
continue in full force and effect even if the Developer
sells one or more lots, the entire Property, or any portion
of it.
F. The Developer shall pay in full all bills submitted to it by
the City for obligations incurred under this Agreement
within thirty (30) days after receipt. Bills not paid within
thirty (30) days shall be assessed a late fee per the City
adopted fee schedule. Upon request, the City will provide
copies of detailed invoices of the work performed by the
City and its consultants.
28. SPECIAL PROVISIONS. The following special provisions
shall apply to the Subdivision:
A. Implementation of the recommendations listed in the
June 5, 2017 Engineering memorandum.
B. Upon the recording of the final plat, the Developer shall
convey Outlots A, and C to the City by warranty deed,
free and clear of any and all encumbrances, unless
32
G
C
otherwise agreed to by the City.
c. The Developer must obtain a sign permit from the City
Building Official prior to installation of any subdivision
identification signs.
D. The Developer shall enter into a Landscape License
Agreement with the City that clarifies the individuals or
entities responsible for maintenance of any landscaping
installed in areas outside of land dedicated as public
park and open space on the final plat.
E. The Developer shall complete construction of 5th Street
North from CSAH 17 (Lake Elmo Avenue) to the east
plat line at the developer's sole cost.
F. The Developer shall pay $25,000.00 as partial
responsibility for the improvements required by
Washington County at the intersection of 5th Street and
CSAH 17.
29. MISCELLANEOUS.
A. The Developer may not assign this Agreement without
33
G
C
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 restrictions shall be
submitted to the City prior to recording of the final plat for
34
� �,
l
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.
35
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 Property at the
36
t
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
37
O
C
waiver of the right to exercise at any time thereafter any
other right, power or remedy.
i. 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.
30. 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
38
l
to commence and complete construction of the public
Subdivision Improvements pursuant to the terms,
conditions and limitations of this Agreement.
B. Failure by the Developer to substantially observe or
perform any material covenant, condition, obligation or
agreement on its part to be observed or performed under
this Agreement.
31 . 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
39
l
I
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.
32. 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
40
permission to enter the Subdivision for such purposes. If the City
does such work, the City may, in addition to its other remedies,
levy special assessments against the land within the Subdivision
to recover the costs thereof. For this purpose, the Developer, for
itself and its successors and assigns, expressly waives any and
all procedural and substantive objections to the special
assessments, including, but not limited to, hearing requirements,
and any claim that the assessments exceed the benefit to the
land so assessed. The Developer, for itself and its successors
and assigns, also waives any appeal rights otherwise available
pursuant to Minnesota Statutes Section 429.081 .
The Developer also acknowledges that its failure to perform
any or all of the Developer's obligations under this Agreement
may result in substantial damages to the City; that in the event of
default by the Developer, the City may commence legal action to
recover all damages, losses and expenses sustained by the City;
and that such expenses may include, but are not limited to, the
reasonable fees of legal counsel employed with respect to the
41
enforcement of this Agreement.
33. WARRANTY. During the warranty period, the Developer
warrants that all Subdivision Improvements will be free from
defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the
Developer agrees to repair or replace any Subdivision
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
42
t
Subdivision which have not been sold to home buyers if the
Developer fails to make required payments to the City. The
Developer, on behalf of itself and its successors and assigns,
acknowledges the benefit to the lots within the Subdivision of the
repair or replacement of the Subdivision Improvements and
hereby consents to such assessment and waives the right to a
hearing or notice of hearing or any appeal thereon under
Minnesota Statutes, Chapter 429.
A. The required warranty period for all work relating to the
public sewer and water shall be two (2) years from the
date of final written City acceptance of the work.
B. The required warranty period for all work relating to
street construction, including concrete curb and gutter,
sidewalks and trails, materials and equipment shall be
subject to one (1 ) year from the date of final written
acceptance of the work.
c. The required warranty period for sod, trees, and
landscaping is two (2) years from the date of final written
43
City acceptance of the installation.
34. 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 ,971 ,739.00. 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
44
another bank meeting the City's requirements. If the Developer
fails to provide the City within 45 days with a substitute letter of
credit from an issuing bank satisfactory to the City, the City may
draw under the existing letter of credit.
This breakdown is for historical reference; it is not a
restriction on the use of the Security. The City may draw down the
Security, without notice, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of
the required term. If the required public Subdivision
Improvements are not completed at least thirty (30) days prior to
the expiration of the Security, the City may also draw it down. If
the Security is drawn down, the proceeds shall be used by the
City to cure the default.
35. 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
45
l
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 $244,253.60, 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
46
C
� ,
$229,156.00 may be released when all sanitary
sewer and watermain utilities have been installed, all
testing and televising has been successfully
completed, sanitary sewer as-built inverts have been
verified, and the utilities are considered ready for use
by the City Engineer.
2. Construction Categories 4 and 5: The amount of
$714,738.00 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 $148,101 .00 may be released when all
remaining Developer's obligations under this
Agreement have been completed including: (1 )
47
C i
C
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 $210,977.00 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
48
f
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 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
49
� ' i
C
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.
37. SUMMARY OF CASH REQUIREMENTS. The following is a
summary of the cash requirements under this Agreement which
must be paid to the City prior to recording the final plat:
Sewer Availability Charge (SAC): $138,000.00
50
l
l
Water Availability Charge (WAC): $138,000.00
Park Dedication: $70,000.00
Special Assessments Due: $0
Street Light Operating Fee: $387.00
City Base Map Upgrading ($25.00 per REU): $1150.00
Developer Cost Share for Intersection of 5t" St & CSAH 17
$25,000.00
City Engineering Administration Escrow: $50,000.00
TOTAL CASH REQUIREMENTS: $421 ,537.00
38. 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:2372 Leibel Street, White Bear Township,
MN 55110. Notices to the City shall be in writing and shall be
either hand delivered to the City Administrator, or mailed to the
City by certified mail in care of the City Administrator at the
following address: Lake Elmo City Hall, 3800 Laverne Avenue N.
Lake Elmo, Minnesota 55042.
39. EVIDENCE OF TITLE. 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)
51
days prior to the execution of the plat.
40. 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.
41 . SEVERABILITY. In the event that any provision of this
Agreement shall be held invalid, illegal, or unenforceable by any
court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any
other provision of this Agreement.
42. NON-WAIVER. Each right, power, or remedy conferred
upon the City by this Agreement is cumulative and in addition to
every other right, power or remedy, express or implied, now or
hereafter arising, or available to the City at law or in equity, or
under any other agreement. Each and every right, power, and
remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed
52
C
C
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.
43. COUNTERPARTS. This Agreement may be executed
simultaneously in any number of counterparts, each of which shall
be an original and shall constitute one and the same Agreement.
53
CITY OF LAKE ELMO
By:
Its: Mayor
By:
Its: City Clerk
STATE OF MINNESOTTA )
COUNTY OF WASHI IGTON )
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
54
O
C
SOUTHWIND BUILDERS, INC.
By:
Its:
STATE OF MINNESOTA )
COUNTY OF ) ss.
The foregoing instrument was acknowledged before me this ,
day of 2017, by
the of
NOTARY PUBLIC
IU
FTED BY:
Lake Elmo
vtveor AvoVorth
55
l
FEE OWNER CONSENT TO
DEVELOPMENT AGREEMENT
Southwind Builders, Inc., 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 )
COUNTY OF ) ss.
dae o regoing instrument was acknowledged before me this
Y
NOTARY PUBLIC
RAFTED BY:
t -of Lake Elmo
0 Vt
56
l
MORTGAGE CONSENT TO
DEVELOPMENT AGREEMENT
Southwind Builders, Inc., which holds a mortgage on the Property,
the development of which is governed by the foregoing
Development Agreement, agrees that the Development
Agreement shall remain in full force and effect even if it forecloses
on its mortgage.
Dated this day of , 2017.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 2017) by
NOTARY PUBLIC
DRAFTED BY:
9Cit of Lake Elmo
8 0 Fr%Av����2North
3
57
O
C
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 )
COUNTY OF ) ss.
The foregoing instrument was acknowledged before me this
day of , 2017) by
NOTARY PUBLIC
RAFTED BY:
1�t 0o Laee Elmo North
V P °390� � 2
58
ii�
i
EXHIBIT A TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
The North 474.06 feet of the Northwest Quarter of the Southwest
Quarter of Section 36, Township 29 North, Range 21 West,
Washington County, Minnesota.
Together with:
Outlot D, Hunter's Crossing 1 " Addition, according to the
recorded plat thereof, said Washington County, Minnesota
A-1
C
C�
EXHIBIT B TO
DEVELOPMENT CONTRACT
List of Plan Documents
The following documents prepared by Pioneer Engineering
constitute the Plans:
THOSE DOCUMENTS BY AS
FOLLOWS:
SHEET TITLE REVISION
DATE
1 of 20 of Cover Sheet
Southwind of Lake
Elmo Utility &
Street
Construction Plan
2 of 20 of Legend
Southwind of Lake
Elmo Utility &
Street
Construction Plan
Sanitary Sewer &
3-5 of 20 of Watermain
Southwind of Lake
Elmo Utility &
Street
Construction Plan
6-10 of 20 of Storm Sewer
Southwind of Lake Construction
B-1
C
Elmo Utility &
Street
Construction Plan
Street
11-12 of 20 of Construction
Southwind of Lake
Elmo Utility &
Street
Construction Plan
Signing& Lighting
13 of 20 of Plan
Southwind of Lake
Elmo Utility &
Street
Construction Plan
City Details
14-20 of 20 of
Southwind of Lake
Elmo Utility &
Street
Construction Plan
Cover Sheet
1 of 26 of 5t" Street
North Utility and
Street
Construction
Legend Sheet
2 of 26 of 5t" Street
North Utility and
Street
Construction
B-2
f
O
C
3 of 26 of 5t" Street Typical Sections
North Utility and
Street
Construction
Street Alignment
4 of 26 of 5t" Street Sheet
North Utility and
Street
Construction
Phase 1 Plan
5 of 26 of 5t" Street
North Utility and
Street
Construction
Phase 1 Typical
6 of 26 of 5t" Street Section
North Utility and
Street
Construction
Phase 2 Plan
7-8 of 26 of 5t"
Street North Utility
and Street
Construction
Sanitary Sewer &
9-10 of 26 of 5t" Watermain
Street North Utility
and Street
Construction
B-3
C�
C
Storm Sewer
11-12 of 26 of 5t" Construction
Street North Utility
and Street
Construction
Street
13-14 of 26 of 5t" Construction
Street North Utility
and Street
Construction
Signing, Striping &
15 of 26 of 5t" Lighting Plan
Street North Utility
and Street
Construction
Sections
16-19 of 26 of 5t"
Street North Utility
and Street
Construction
20-26 of 26 of 5tn
City Details
Street North Utility
and Street
Construction
1-1-3 of 5 th Street Landscape Plan
North Utility and
Street
Construction
B-4
( -
C
Cover
1 of 8 of Grading & Sheet
Erosion Control
Plan
Legend
2of8of Grading &
Erosion Control
Plan
Grading and
3 of 8 of Grading & Drainage Plan
Erosion Control
Plan
Erosion Control
4 of 8 of Grading & Plan
Erosion Control
Plan
Seeding Plan
5 of 8 of Grading &
Erosion Control
Plan
Details
6-8 of 8 of Grading
& Erosion Control
Plan
LI-3 of Landscape Landscape Plan
Plan
1 of 1 Existing Existing
Conditions Conditions
B-5
B-6
l
f
i
I
�I
l
l
EXHIBIT C TO
DEVELOPMENT CONTRACT
Subdivision Improvements and Northern Half of 5t" Street
Construction nt Estimate
CONSTRUCTION CATEGORY COST
125%
1 Grading $244,253.60 $305,317.00
2 Sanitary $117,757.11 $147,196.38
Sewer
3 Watermain $126,676.33 $158,345.41
4 Storm $217,173.00 $271 ,466.00
Sewer (includes
pond structures
and outfall
pipes)
5 Streets and $545,215.00 $681 ,518.00
Sidewalks
6 Trails 32,525.00 $40,656.00
7 Surface $35, 185.00 $43,981 .00
Water Facilities
-
(ponds,
infiltration
basins, other
BMPs
C-1
8 Street $48,000.00 $60,000.00
Lighting
9 Street and $7,400.00 $9,250.00
Traffic Signs
10 Private N/A N/A
Utilities
(electricity,
natural gas,
telephone,
and cable)
11 $225,042.00 $281 ,303.00
Landscapin
q Improvements
12 Tree (Addressed in
Preservation and Landscaping)
Restoration
13 Wetland N/A N/A
Mitigation and
Buffers
14 Monuments $4,600.00 $5,750.00
15 Erosion and $25,265.00 $31 ,582.00
Sedimentation
Control
16 N/A N/A
Miscellaneo
us Facilities
C-2
Q
17 Developer's $5,000.00 $6,250.00
Record Drawings
TOTALS $15577,391 .00 $15971 ,739.00
C-3
l
FORM OF IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of Southwind Builders, Inc. 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.
C
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 Le to of Credit is not assi nable. This is not a Notat on
Letter o G�redit. More than one graw may be made under this
etter o 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 ree th t draft drawn and r and in compliance with
this Letter Rredit shall be duly honored upon presentation.
BY:
Its
a
��}
I
I
TI IF CITY OF
LAKE ELMO
STAFF REPORT
DATE: 7/5/2017
REGULAR
ITEM #: 11
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Hidden Meadows 2nd Addition OP Final Plat
REVIEWED BY: Emily Becker, City Planner
Jack Griffin, City Engineer
Mike Bent, Building Official
Greg Malmquist, Fire Chief
Kristina Handt, City Administrator
BACKGROUND:
Hidden Meadows 1 st Addition was approved on 5/16/2006 which
included the platting of the Rock Point Church property and two outlots
proposed for a future OP - Open Space Preservation development. The
deadline for final plat application for the OP development was extended
from January 2007 to January 2, 2018. RM Investments, LLC & Mpls
Re, LLC is now requesting final plat approval of Hidden Meadows 2nd
Addition, a 26 unit single family OP — Open Space Preservation
development located off of Keats and State Highway 36.
General Information.
Applicant: RM Investments, LLC & Mpls Re, LLC, 13925 Fenway Blvd
N, Hugo, MN 55038
Property Owners: Rockpoint Church, 5825 Kelvin Ave N., Lake Elmo,
MN 55042
r
City Council Meeting
July 7, 2017 Regular Agenda item # 11
Location: Outlots A and B, Hidden Meadows Addition
Request: Final Plat and Easement Vacation
Existing Land Use and Zoning: Vacant / Rural Residential Zoning
Sztrrounding Land Use and Zoning: State Highway 36 to the North;
Keats Avenue and residential properties to the
west; Bergmann's Farm to the east; and large
lot residential properties to the south; Rock
Point Church is surrounded by the proposed
development on 3 sides
Comprehensive Plan: Rural Area Development
History: Approval of Comprehensive Plan Amendment, Rezoning, 1st
Addition preliminary plat (2005-030) and Conditional Use
Permit for the church on 04/28/2005; OP Development
Concept Plan approval on 04/28/2005 by Resolution 2005-
031; 1st Addition Final Plat approval on 5/16/2006; Hidden
Meadows 2r'd Addition preliminary plat and conditional use
permit approval on 4/18/2006 by Resolution 2006-038;
Hidden Meadows 1 st Addition final plat approval on
5/16/2006 by Resolution 2006-048; A 1-year final plat
extension was approved on 01/02/2007 by Council motion; A
5-year final plat extension was approved on 12/11/2007 by
Resolution 2007-97; A 6-month final plat extension was
approved on January 15, 2013 by Council motion; A 2-year
final plat extension was approved on 01/19/2016 by Council
motion. Planning Commission reviewed the final plat on
6/12/17 recommending approval.
Deadline for Action: Application Complete — 5/17/17
60 Day Deadline — 7/16/17
Extension Letter Mailed — N/A
120 Day Deadline — N/A
ISSUE BEFORE COUNCIL:
Page 2
C '
C
City Council Meeting
July 7, 2017 Regular Agenda item #11
The City Council is being requested:
1. To adopt Resolution 2017-073 approving the Final Plat for Hidden
Meadows 2nd Addition.
PROPOSAL DETAILS/ANALYSIS:
The Hidden Meadows preliminary plat was approved nearly ten years
ago and because some of the details of the preliminary plat are missing
and because many City standards have changed since 2005/2006, Staff
has prepared a review of the final plat that is more robust than typical to
provide the Council a better understanding of the proposed final plat and
project.
Preliminary Plat Status. State Statute prohibits any amendment to a
comprehensive plan or official control that applies to or would affect the
use, development density, lot size, lot layout, or dedication or platting
required or permitted by the approved application for one year following
preliminary approval unless the subdivider and the municipality agree
otherwise. Because it has been more than one year since the initial
Preliminary Plat approval, and no such agreement was forthcoming, this
prohibition longer applies. The City can enforce the current regulations
and standards including the Engineering Design Standards. Typically, if
a final plat is in substantial conformance with the approved preliminary
plat, the City Council must approve the final plat. If the Hidden
Meadows 2nd Addition final plat is not approved at this time, the
applicant or property owner will have to begin the planning process
again, submitting new preliminary and final plat applications to bring
forth a new development plan meeting current ordinances and standards.
Easement Vacation. With last final plat extension, the owner granted a
drainage and utility easement over the watermain in Outlot A to comply
with a condition of the Hidden Meadows final plat. This easement needs
to be vacated to accommodate the 2nd Addition final plat. New
Page 3
l
E
I
`_
City Council Meeting
July 7, 2017 Regular Agenda item # 11
easements will be put into place. The applicant has requested the
easement vacation be placed on a subsequent City Council agenda.
OP — Open Space Preservation Ordinance. On 10/04/2016 the City
Council approved Ordinance 08-152 amending the OP ordinance with
some new standards and a new PUD - Planned Unit Development
process. Hidden Meadows 2nd Addition was preliminary platted in 2006
under the old OP ordinance and a subsequent conditional use permit was
approved for the development.
Land Area. The OP development was conceived of in conjunction with
the development of the church, now called Rock Point Church. Hidden
Meadows 1st Addition consisted of a 108 acre development that included
the church parcel (19.97 acres), Outlot A (57.98 acres), Outlot B (28.53
acres) and right-of-way for 59 Street North.
Hidden Meadows 2nd Addition is 86.52 acres in size and is the replat of
Hidden Meadow's Outlots A (57.98 acres) and B ( 28.53 acres),
however a portion of Outlot B (18.63 acres) is not considered part of the
OP residential development and will be remain in church ownership as
originally proposed as Outlot A, Hidden Meadows 2nd Addition. The
proposed development meets the 40-acre minimum land area
requirement for an OP development (old ordinance).
Hidden Meadows 2nd Addition Plat Area
Area Acres Future
Ownership
Outlot A 18.63 Church
Outlot B 7.45 Church
Outlot C 15.06 HOA
Outlot D 1.36 HOA
Outlot E 8.29 City
Outlot F 3.51 City
Page 4
c
City Council Meeting
July 7, 2017 Regular Agenda item# 11
Right-of- 4.01 City
way
Lot Area 25.91 Developer
Lot 1, Block 2.46 Church
1
Total Area 86.68
OP Residential Development Area
Area Acres Future
Ownership
Outlot B 7.45 Church
Outlot C 15.06 HOA
Outlot D 1.36 HOA
Outlot E 8.29 City
Outlot F 3.51 City
Right-of- 4.01 City
way
Lot Area 25.91 Developer
Lot 1, Block 2.46 Church
1
Total 68.05
Density. As indicated above, the OP development area is 68.05 acres, of
which 4.44 acres is wetland and wetland buffer. The allowed OP density
cannot exceed .45 du/buildable acres. Subtracting for wetlands, the
development density will be .41 du/buildable acres (26/(68.05-
4.44=63.61).
Lot Size. The average lot size within Hidden Meadows 2nd Addition is
just over an acre with the smallest being just over 3/4- acres and the
largest being 2.46-acres in size (Lot 1, Block 1). Lot 1, Block 1 contains
an old barn and farmhouse that existed on the property when the area
was a farm. This lot will be retained by the church and is part of the plat.
Page 5
l
City Council Meeting
July 7, 2017 Regular Agenda item# 11
It is the only lot that is proposed to have its own septic system, and is not
proposed to be connected to the community septic system. Staff
recommended to the Planning Commission that Lot 1, Block 1 be
connected to the community septic system. The Planning Commission
does not recommend connection to the community septic because
connection will be difficult and the lot has an existing septic system.
Given the Planning Commission's recommendation, Staff researched the
records on the existing septic system and found only a record of
maintenance (pumping) performed on 12/15/2016. Staff recommends
the existing septic system be inspected with the final plat and if the
septic system is failing, then the lot be connected to the community
septic system.
Open Space Requirement. By the old OP ordinance, open space
created as part of an OP development must meet the following criteria:
A. Total preserved open space within the proposed development shall
be at least 50% of the total Buildable Land Area (old ordinance).
Hidden Meadows 2nd Addition preserves Outlots B-F (35.67 acres)
as open space, or 51% of the OP development area when
subtracting out unbuildable wetlands and wetland buffers
(32.37/63.61).
Open Space Buildable Future
Areas Acres Acres Ownership
Outlot B 7.45 6.23 Church
Outlot C 15.06 15.06 HOA
Outlot D 1.36 0.89 HOA
Outlot E 8.29 6.81 City
Outlot F 3.51 3.38 City
Total 35.67 32.37
32.37/63.61= 5 1% buildable open space
Page 6
C,j
C
City Council Meeting
July 7, 2017 Regular Agenda item#11
B. Not less than 60% of the preserved open space shall be in
contiguous parcels of not less than ten (10) acres. (Staff Comment)
Of the proposed open space, only Outlot C meets the contiguous
10 acre requirement, but it only represents 44% of the preserved
open space. _This is a deviation from the OP regulations, but is
consistent with the preliminary plat. The City Council should
reaffirm the approval of the deviation from the OP Standards with
an affirmative 4/5th vote.
C. Preserved open space is to be maintained for the purposes for
which it was set aside;
(Staff Comment) Outlot B will be preserved open space owned by
the Church. It will not be changed from its current condition.
Outlot C currently contains the community septic system to be
shared between the church and the residential development. The
open space regulations allow the community septic system to be in
preserved open space. Outlot D contains a wetland, woods, and a
segment of the church's trail to remain untouched. Outlot E
contains most of the wetlands, woods and proposed stormwater
ponds and an infiltration basin and will remain unchanged except
for the infiltration basin. Outlot F will contain proposed
stormwater ponds and an existing wetland and some buffer area.
Staff and the Planning Commission recommend breaking up Outlot
F into 3 outlots with the City taking ownership of the portion with
stormwater infrastructure and the HOA owning and maintaining
the others.
D. The OP ordinance requires that the open space be protected by a
conservation easement. (Staff Comment) In the past, the Minnesota
Land Trust (MLT) had reviewed the open space and had provided
conditions in which it might hold the open space. It is not clear
whether the MLT is willing to hold the conservation easement. If
the MLT is not willing to hold the conservation easement, then
according to ordinance, it can be conveyed by to the City.
Page 7
i
i
I
i
l
�'
l
City Council Meeting
July 7, 2017 Regular Agenda item # 11
Presently, there is a temporary conservation easement (attached)
over all of Outlot B, Hidden Meadows 1st Addition which
terminates upon approval of the Hidden Meadows 2nd Addition
final plat. The OP Ordinance requires preserved open space be
conveyed by conservation easement to the City. This conveyance
would pertain to Outlots B and D, E and F (the portions to be
owned by the HOA).
E. Where applicable, a homeowner's association shall be established
to permanently maintain all residual open space and recreational
facilities; (Staff Comment) An HOA will be set up to maintain all
open space and the community septic system (shared responsibility
with the church). In addition, a Landscape License Agreement will
be prepared and executed to identify ownership and responsibilities
for landscaping and open space.
F. Preserved open space shall be contiguous with preserved open
space or public parks on adjacent parcels; (Staff Comment) There
are no preserved open spaces contiguous to this development.
OP Buffers. The Hidden Meadows 2nd Addition preliminary plat was
approved with 200 foot buffers from residential properties to the west
and south and a100 foot buffer from the Bergmann property on the east
(considered to be a future OP development), all of which, comply with
the OP buffer standards. In the approved preliminary plat, nearly all of
the required buffer area was within individual lots with the buffer
extending to the rear facade of the proposed homes protected by
drainage and utility easements. No structures are allowed within buffers
which would leave the proposed homes with no usable backyard for
pools, sheds, swing-sets, gazebos, or even decks. In order to provide
each home with some usable backyard for these typical residential
structures, the developer has modified the buffers on the proposed final
plat to 150 feet from residential properties to the west and south and 50
feet from the Bergmann farm property to the east. The City Council
Page 8
C
City Council Meeting
July 7, 2017 Regular Agenda item# 11
should affirm the new deviation from the buffer requirement with a 4/5
vote as required by the OP regulations.
The Ziertmans, located on the west side of the proposed development,
had been vocal during the preliminary plat public hearing process. They
do not object to the reduced buffer provided that a berm is provided in
conjunction with the coniferous screening. The Bergman's have not
commented on the buffer, but have asked for a street stub connection to
their farm.
Engineering Standards and Subdivision Standards:
The City's Engineering Design Standards and the Subdivision Standards
have been updated since the City's approval of the Hidden Meadows 2nd
Addition preliminary plat, with the most recent update being approved in
April, 2017. The City requires the City's Engineering Design Standards
be shown on the construction plans. The preliminary plat approved in
2006, does not conform to the current City of Lake Elmo Engineering
Design Standards. This fact has made reviewing the proposed
development difficult. With this report, Planning and Engineering Staff
have highlighted areas in which the current standards have not been met
and how they differ.
Street Right-of-Way Design. The streets in Hidden Meadows and
Hidden Meadows 2nd Additions do not match the City's typical right-
of-way layout (Engineering detail 805). The applicant has provided a
proposed layout on Plan Sheet C24.0 to illustrate where proposed
infrastructure will go within the right-of-way. The infrastructure
proposed for the 50 foot right-of-way includes a 24 foot wide street,
surmountable curbs, street trees, street lights, an 8' bituminous trail, and
sanitary sewer for the community septic system. To make the street
work, the street trees on one side of the street are located on the outer
edge of the 10 ft. drainage utility easement adjacent to the right-of-way
Page 9
G
C
City Council Meeting
July 7, 2017 Regular Agenda item# 11
in the residential front yards. The private sanitary sewer is located under
the City trail. In general, this layout snatches the street profile of 591h
Street, the street providing access to Rock Point Church in the first
phase.
Cul-de-sac Length. 59th Street N. was platted with Hidden Meadows 1St
Addition providing access to Rock Point Church. This segment of road
is roughly 2,000 feet long. The Hidden Meadows 2nd Addition final plat
extends the 59th Street N. into a cul-de-sac that is nearly 4,000 feet long.
The shorter proposed cul-de-sac, shown as 57th Place N., is nearly 1,000
feet long. The City's standard for cul-de-sac length for subdivisions with
lots 2.5 acres or less in size is 1,000 feet.
Street Connections to Adjacent Properties. During the preliminary
plat process, there are records indicating discussion about providing
access to a landlocked parcel to the south of the plat, however, the
preliminary plat was approved without such a road connection. The land
locked parcel has a driveway easement providing access, however, the
property would not be able to subdivide in the future without street
frontage. Most recently, the Bergman's contacted the City and are
requesting that one of the cul-de-sacs provide a street stub to their farm
located to the east of the site. The final plat street layout is consistent
with the preliminary plat approval. The Planning Commission reviewed
the final plat and was concerned with the length of the cul-de-sac and the
need for connectivity to the Bergmann parcel to the east. The Planning
Commission recommended a condition of approval that the Hidden
Meadows 2nd Addition provide street right-of-way for 57th Street North
to the east edge of the plat to provide the requested access to
Bergmann's property and to improve east west street connectivity.
Wetland Buffers. Current Engineering Design Standards require
wetland buffers to be outside of individual residential lots on outlots in
order to provide maximum protection from residential intrusion such as
mowing, piling of debris, or placement of structures, etc. The required
Page 10
City Council Meeting
July 7, 2017 Regular Agenda item# 11
wetland buffers in the Hidden Meadows 2nd Addition preliminary plat
and final plat do not comply with this engineering standard. It is
recommended that wetland buffer signs be placed within the residential
lots to identify the wetland buffer limits and that the HOA documents
restrict residents from mowing and intruding into the buffer area.
Stormwater Ponds and Infiltration areas. It is City policy to require
storm ponds and infiltration areas to be located in outlots owned and
maintained by the City. The proposed final plat deviates from this with
a large storm pond that stretches over the rear of Lots 8-10, Block to and
Outlot F, all contained within drainage and utility easements. Although
deviating from City standards, the condition is consistent with
preliminary plat. Outlot F will be City owned and maintained and the
developer has provided a maintenance access bench, also within rear
yards. The location of the pond and associated slopes are +/- 40 feet
from the rear facade of the proposed home pads.
Retaining Walls in Right-of-Way. It is a City policy to limit or
discourage the location of retaining walls within City right-of-ways in
order to minimize City costs to maintain or replace walls in the future.
In this case, the development was graded after preliminary plat approval
and the roads and ponds were essentially graded to plan. As a result, if
the final plat moves forward as planned the walls in the City rights-of-
way are unavoidable because of existing grades and wetlands.
Other Zoning Issues:
Street Names. The proposed final plat for Hidden Meadows 2nd
Addition street names were reviewed against the City's amended street
naming ordinance approved in 2016 and the Hidden Meadows 1 st
Addition Plat. Staff has reviewed the proposed streets and finds them
consistent with the street naming ordinance, however if the northerly
cul-de-sac is to continue to the east through the Bergmann property as a
Page 11
C li
City Council Meeting
July 7, 2017 Regular Agenda item# 11
thru-street as recommended by the Planning Commission, it will be
named 57th Street North.
Parks and Trail Dedication. The minimum park dedication
requirements for OP Developments is 7% of the land area, or an amount
of cash equal to 7% of the fair market value for the zoning district in
which the property is located. Fair market value is determined by
reference to current market data, if available, or by an appraisal from a
licensed real estate appraiser; paid for by the developer.
The approved preliminary plat shows trails in the rights-of way as a
continuation of the trail in Hidden Meadows 1st Addition and a trail spur
into Outlot F to the southern edge of the property.
This trail location was in response to a proposed trail corridor identified
in the City's Comprehensive Trail Guide Plan, dated November 29,
2005. The proposed trail dead ended at the southern property line. The
property immediately south has no road frontage and cannot at this time
further subdivide; therefore, Staff does not recommend construction of
the proposed trail at this time or until a viable trail corridor can be
established. The Parks Commission was consulted on this at its January
17, 2017 meeting and a voted unanimously to recommend no trail be
constructed in Outlot F. They also mentioned it would be nice to provide
a trail that would connect to an existing park, however, there is currently
no viable option to do so. There also was general consensus that there
was no preference to trails over sidewalks within the right-of-way.
Page 12
G
C
City Council Meeting
July 7, 2017 Regular Agenda item# 11
60th,S t(N
Z.
W
` - • •- roc : �
47th St N
Comprehensive Trail Guide Plan Map, dated November 29, 2005
The Applicant has amended the Final Plat to remove the trail corridor in
Outlot F though still proposes trails within the right-of-way to match the
trail constructed within the right-of-way in Hidden Meadows 1 St
Addition.
The City requires sidewalks on one side of all streets and therefore, does
not allow trails in rights-of-way to receive a credit towards park
dedication. Park Dedication requirements will be incorporated into the
Developers Agreement and collected prior to recording the final plat.
Rear Yard Area. Although there are no zoning or subdivision
regulations requiring usable yard area per lot, it should be pointed out
that a several lots have limited back yard space due to stormwater
management requirements. Lots 8-10, Block 2 have +/- 40 foot deep
back yard area because of the stormwater pond location. The rear yards
on Lot 1, Block 4 and Lot 1, Block 3 are impacted by drainage areas.
Many of the lots have limited backyard area (50 feet) because of OP
buffer requirements.
Street Lights. The Construction Plans identify street lights at
intersection and at the ends of cul-de-sacs. At the April 10 Commission
meeting, the Commission requested Staff revise ordinances and
Page 13
l
I
I
II
i
City Council Meeting
July 7, 2017 Regular Agenda item # 11
standards to minimize the requirement for residential street lighting.
Staff has communicated this to the developer and has requested that a
street light be provided only at the intersection of Kelvin Avenue and the
first cul-de-sac. The plans have not been updated to limit the number of
street lights.
Development Signage. No development signage has been proposed,
but the likely location would be in Outlot C within the proposed HOA
owned open space. A provision for a future sign within the open space
should be made, prior to the execution of a new conservation easement.
A separate sign permit is required for development signs.
Dump Site. The existing conditions identified a dump site on the
survey. The developer should verify that the dump site has been
appropriately cleaned up meeting applicable environmental regulations.
Parking. The proposed streets in the development are 24 feet wide and
will be limited to one side of street parking. Staff will prepare an
ordinance concurrent with the final plat to limit parking to one side of
the street at a subsequent City Council meeting.
Community Septic System. The community septic system, on Outlot B,
was installed by the Rock Point Church when the property was
developed. The system was designed to be shared with the residential
development and has enough excess capacity at this time to
accommodate 17 new homes according to the septic report provided by
the applicant. An expansion is needed to accommodate the remaining
homes. The developer has not provided a design for the expansion of
the system which is needed to service the remaining 8 lots. The design
and permitting of the septic system expansion has been made a condition
of final plat such that the septic system expansion be constructed prior to
the permitting of the 17th home in the development and that costs of the
system be held in escrow.
Page 14
G
L
City Council Meeting
July 7, 2017 Regular Agenda item #11
Landscape Island. The preliminary plat envisioned a landscape island
in Kelvin Avenue between the church and residential development. The
developer has eliminated this feature (widened right-of-way) from the
plat and from the construction plans.
Landscaping. A review of the landscape plans were conducted and the
following comments sent to the developer on April 17, 2017 by email
(Landscape Plans by Kimley-Horn have been provided as an attachment
to this report):
1. Please show on final plans the water and sanitary sewer
connections to verify there are no conflicts with planned street tree
locations. The City prefers a 10 foot setback from individual lines
and requires a minimum 5 foot setback.
2. Please use the City of Lake Elmo standard details and plan notes
on your plans.
3. The plans identify 88 Street trees (trees within the public R/W),
however the landscape ordinance requires 1 tree per lineal foot of
street frontage. If there are 6657 lineal feet of road, then there is
13,314 lineal feet of frontage (2 sides of road). The street tree
requirement is 266 street trees. Staff will accept the trees at the
edge of the utility easement outside the R/W as required street
trees.
4. The plans identify 157 evergreen trees and 24 overstory trees
meeting the 5 trees/ acre of disturbed area. The plans exceed the
non-street tree requirement.
5. The evergreen buffer along the west property line identifies a mix
of evergreen tree species. The arborvitae are extremely susceptible
to deer browse. City staff suggests changing the arborvitae to
Austrian Pine. The Medora Junipers get a mature width of 3 feet.
Staff suggests changing the Medora to `Sky High' or `Star Power'
varieties which have a mature width of 5 feet.
Page 15
f
City Council Meeting
July 7, 2017 Regular Agenda item#11
6. The landscape plans should identify the proposed stormpond
maintenance roads in order to identify conflicts between proposed
trees and storm pond access.
7. Please identify the seeding areas (limits of native seeding) for each
proposed seed mix on the plans or a separate plan exhibit.
8. Reading through the preliminary plat approval records, there are a
number of comments about the effectiveness of screening on the
east side of the plat. I found the Kimley-Horn Landscape Plan
dated 05/02/2006 that show a staggered row of conifers along the
east tree-line intended to bolster the screening. This planting was
subject of much debate and it appears as though a final landscape
plan was approved prior to the July 5, 2006 City Council meeting.
I would suggest this was the approved landscape plan. If so, your
plans are deficient screening along the east in particular (see
attached 05/02/2006 Landscape Plans)
9. The buffer on the west side has been reduced from 200 ft. to 150 ft.
as suggested to provide for a back yard area that is usable. It has
been suggested that a berm be added along the west property line
along with the proposed trees in lieu of the 200 ft. buffer (there
will be public comments as such).
10. Revised and approved landscape plans are required prior to
recording the final plat.
An additional comment:
• The proposed sanitary sewer appear to be in conflict with planned
tree locations.
A revised and approved landscape plan set meeting City requirements is
required prior to recording the final plat.
Other Final Plat Issues:
State Highway 36 Frontage Road Study. The City's Consulting
Engineer is soon to begin a Highway 36 Frontage Road Study to
Page 16
�l
r
ems-:
City Council Meeting
July 7, 2017 Regular Agenda item# 11
coincide with MnDOT's long range plans to limit access to State
Highway 36. The need for a frontage road has become known after the
approval of the Hidden Meadows preliminary plat. Upon review, it
appears as though a frontage road would need to roughly follow the 59tn
Street N. alignment to avoid impacting Wetland 13 in Outlot B. A future
frontage road would likely impact planned Outlot A, Hidden Meadows
2nd Addition. No specific plans for the Church's Outlot A have been
identified, although sketch plans have indicated interest in developing
the area as ballfields and a community center with parking.
Outlots. The final plat contains outlots A-F:
Ozctlots Acres Future
Ownership
Outlot A 18.63 Church
Outlot B 7.45 Church
Outlot C 15.06 HOA
Outlot D 1.36 HOA
Outlot E 8.29 City
Outlot F 3.51 City
Outlot A and B are church owned and will be retained by the church
after the final plat of Hidden Meadows 2nd Addition. The church has
previously shown sketch plans for Outlot A to be used for ballfields,
community center and parking. There may also be a need to utilize the
outlot for a future frontage road. Outlot B will remain as church
property, but is part of the open space for the residential OP
development, therefore, it cannot be developed and will be preserved
with a conservation easement over it.
Outlot C is part of the residential open space and contains the shared
community septic system for the church and residential development.
Page 17
� �I
l
City Council Meeting
July 7, 2017 Regular Agenda item # 11
Outlot D is part of the residential open space and contains trails used by
the church and an existing wetland.
Outlot E is part of the residential openspace and was preserved to protect
the existing trees and wetlands on the site. It will also contain a new
infiltration basin for the development.Outlot E will be city owned and
maintained because of the stormwater management functions.
Outlot F was originally planned for a public trail and an infiltration
basins, however, the trail has since been eliminated as a
recommendation from the Parks Commission. Outlot F will be City
owned and maintained because of the stormwater management
functions. Staff is recommending that Outlot F be broken up into 3
Outlots such that the City only retains ownership of that portion of F
which contains the stormwater infrastructure. The remainder of Outlot F,
two new outlots, will be HOA maintained. This would be a deviation
from the approved preliminary plat.
MNDOT Review:
MNDOT reviewed plans initially and submitted a review memorandum
on December 2, 2016. At that time, the State agency was unable to
conduct a complete review based on the information submitted. This
information was shared with the developer. Staff forwarded the May 17,
2017 submittal to MNDOT on May 19, 2017 for comments. MNDOT
has no concerns.
PRELIMINARY PLAT CONDITIONS ANALYSIS:
The preliminary plat for Hidden Meadows was approved with
conditions. With final plat reviews, it is typical to review the preliminary
plat conditions as part of the analysis. The developer did not provide the
typical response to preliminary plat conditions because they were not
Page 18
C '
C
City Council Meeting
July 7, 2017 Regular Agenda item # 11
involved with the preliminary plat, nor were they aware of the
preliminary plat conditions. Staff has provided a response to each
condition of preliminary plat approval. Please also note that the
applicant provided a response to the preliminary plat conditions which
has been included in the application materials attached to this report.
The applicant's response has not been duplicated for this report. Staff's
comments related to each condition are indicated in bold italics. In
some instances, staff's comments are different than the developers.
Preliminary Plat Conditions (Resolution 2006-038):
1) Compliance with the recommendations/requirements of the City
Engineer. (Staff Comments) The only comments found from the
City Engineer was an email dated March 23, 2006 which
(summarized) states that the cul-de-sacs do not meet City
standards and should be revised. The comment did not come
with any specific recommendations for change. The drive lanes
must be 16' wide. Guard rails are required for the retaining
walls. The Engineer was seeking additional information to
complete his review. The cul-de-sac's do not meet current City
standards for length, however, they are consistent with the
preliminary plat. The Planning Commission is recommending
an extension of the northerly cul-de-sac to the east property
line which will become a through street in the future, making
the cul-de-sacs compliant with City standards.
2) Compliance with the recommendations/requirements of the Valley
Branch Watershed District as found to be appropriate by the City
Engineer. (Staff Comments) The final plat will require VBWD
review and permit. VBWD as reviewed the plans and they have
been updated to reflect comments.
3) Trail setback to the Ziertman property be increased and screening
be considered in the landscape plan. (Staff Comment) This
condition appears to have been met, however, in exchange for a
Page 19
��
C
City Council Meeting
July 7, 2017 Regular Agenda item# 11
change in the buffer from 200' to 150; the Ziertman 's would like
the landscaping and a berm be provided adjacent their property.
4) Confirm drainfeld setback is to be 100' from property line. (Staff
Comment) This condition appears to have been met.
S) Provide size and delineation of the alternate drainfield. (Staff
Comments) The plans do not show an alternate drainfield site,
however, there appears to be adequate land to the west of the
current drainfield for an alternate site.
6) Secondary drainfield have the appropriate easement for trail use.
(Staff Comment) This condition is no longer applicable as the
trails are located within the road right-of-way and Outlot F.
A trail easement be added to the proposed watermain easement. (Staff
Comment) This condition appears to be related to condition #6 and is
no longer applicable.
FISCAL IMPACT:
The Developer Agreement will be prepared by Staff and presented in a
subsequent meeting for approval by the City Council which will include
a detailed accounting of any development costs that will be the
responsibility of the City. The development will result in the payment of
Water Access Charges of$78,000 for the 26 residential lots and
connection charges of$26,000, $1,000 collected with each building
permit. Park dedication will also be paid based on 7% of the fair market
value of the development.
Page 20
l
City Council Meeting
July 7, 2017 Regular Agenda item # 11
PLANNING COMMISSION/PUBLIC HEARING:
The Planning Commission reviewed the final plat application on June
121 2017 and recommended approval with 21 conditions of approval.
The Commission discussed HOA issues with community septic systems,
the deviations from standards and the need for a street right-of-way to
the Bergman property. Commissioner Dorschner motioned for denial,
but ultimately supported approval with the addition of condition #21.
The Commission deleted a Staff recommended condition that Lot 1,
Block 1 be connected to the community septic. The Commission also
recommended the following:
7. That the OP buffers on the west and south sides of the plat be
reduced from 200 feet to 150 feet, and the buffers on the east
side be reduced from 100 feet to 50 feet and that the buffer areas
be protected from the construction or placement of any
structures within the buffer areas by easements. Furthennore,
the developer shall install berms with the landscape screening
consistent with University of MN Extension Service Urban
Landscape Information Series Berm Standards near the rear
property lines of Lots 1, 2 and 3, Block 2 of the development.
10. That no more than 17 building permits will be issued by the
City until the developer obtains a permit for expansion and
constructs an expanded the community septic system with
adequate capacity for all 26 lots and the church meeting
State/County/City standards and that funds for this system be
placed into escrow and the declarant of the Common Interest
Community will demonstrate a bank account statement with a
capital reserve required for operation of the wastewater system
is either 1/3 the cost or an amount based on an equipment
failure model provided by the vendor operating the wastewater
system, whichever is greater.
Page 21
C �
City Council Meeting
July 7, 2017 Regular Agenda item# 11
20. That the declarant of the Common Interest Community will
demonstrate transfer of all permits and titles for the wastewater
system to the Common Interest Community
21. That the developer provide right-of-way for a future
extension of the northerly cul-de-sac (to be called 57th Street N)
to the east property line.
Because the Commission deleted Staff's recommendation requiring Lot
1, Block 1 be connected to the community septic system and because
there are no septic system records for Lot 1, Block 1, Staff is
recommending the following condition:
22. That the septic system on Lot 1, Block 1, Hidden Meadows
2nd Addition be inspected for compliance and if not in
compliance the lot be connected to the community septic system
or the individual system be replaced.
Also, the Planning Commission did not specify the size or shape of the
berms in condition number 7. The Ziertman's are requesting 6 ft. high
berms with 7:1 side slopes. The condition number 7 has been amended
to reflect their request.
OPTIONS:
The Council has the following options:
1. Adopt a Resolution 2017-073 approving the final plat of Hidden
Meadows 2nd Addition
2. Amend and adopt Resolution 2017-073 approving the final plat of
Hidden Meadows 2nd Addition
3. Adopt Resolution 2017-073 denying the final plat of Hidden
Meadows 2nd Addition.
RECOMMENDED FINDINGS FOR FINAL PLAT APPROVAL:
Page 22
f
C
City Council Meeting
July 7, 2017 Regular Agenda item# 11
Staff and the Planning Commission are recommending the following
findings for approval of the Hidden Meadows 2nd Addition Final Plat:
1) That the Final Plat is generally consistent with the Preliminary Plat
and Plans as approved by the City of Lake Elmo on March 27,
2006.
2) That the Final Plat is consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
3) That the Final Plat complies with Open Space Preservation
Overlay District regulations that were established at the time of the
preliminary plat approval except as approved by the City Council.
4) That the Final Plat complies with all other applicable zoning
requirements, including the City's landscaping, storm water,
sediment and erosion control, landscaping and other ordinances
except as approved by the City Council.
5) That the Final Plat complies with the City's subdivision ordinance
except as approved by the City Council.
6) That the Final Plat is consistent with the City's engineering
standards with the plan revisions as requested by the City
Engineer, except as highlighted within the City Engineer's Report
dated June 1, 2017
RECOMMENDED FINDINGS FOR FINAL PLAT DENIAL:
Staff and the Planning Commission are recommending approval, but
because the development deviates from the preliminary plat, OP zoning
requirements, subdivision standards and Engineering Standards and the
City is not compelled by State Statute to approve the final plat due to the
time that has lapsed since approval of the preliminary plat, the following
findings for denial have been provided:
1) That the Final Plat is not consistent with the Preliminary Plat and
Plans as approved by the City of Lake Elmo on March 27, 2006.
Page 23
C
C�
(.
City Council Meeting
July 7, 2017 Regular Agenda item# 11
2) That the Final Plat and Final Construction Plans do not comply
with the applicable zoning requirements for OP developments.
3) That the Final Plat does not complies with the City's subdivision
ordinance.
4) That the Final Plat is not consistent with the City's engineering
standards highlighted within the City Engineer's Report dated June
1, 2017.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff and the Planning Commission are recommending the following
conditions of approval:
1. That Final grading, drainage, and erosion control plans, utility
plans, sanitary and storm water management plans, street and
utility construction plans and agreements shall be reviewed and
approved by the City Engineer complying with the Engineer's
memorandum dated June 1, 2017 and complying with the Planning
Director's email comments dated April 17, 2017, prior to the
execution of the final plat by City Officials.
2. All easements as requested by the City Engineer or Public Works
Department shall be documented on the Final Plat prior to the
execution of the final plat by City Officials.
3. The applicant shall also enter into a landscape license agreement
and 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.
4. That the open space be protected by a conservation easement in
accordance with M.S.Ch 84C.01-05, as it may be amended from
time to time), to an acceptable land trust as approved by the City;
and /or conveyed to the by conservation easement to the City.
Page 24
O
C
City Council Meeting
July 7, 2017 Regular Agenda item# 11
5. The developer provide verification of proper clean-up of the
former dump site on the property.
6. That the OP buffers on the west and south sides of the plat be
reduced from 200 feet to 150 feet, and the buffers on the east side
be reduced from 100 feet to 50 feet and that the buffer areas be
protected from the construction or placement of any structures
within the buffer areas by easements. Furthermore, the developer
shall install 6 ft high landscape benns with 7:1 side slopes with
landscape screening consistent with University of MN Extension
Service Urban Landscape Information Series Berm Standards near
the rear property lines of Lots 1, 2 and 3, Block 2 of the
development.
7. That park dedication be paid as a fee in lieu of land dedication
equal to 7% of the fair market land value consistent with City
Ordinance Section 153.14 prior to recording the final plat.
8. Wetland buffer monuments shall be placed every 50 feet or where
the buffer boundary changes along wetland buffers where the
buffers are within individual platted lots prior to issuance of any
building permits.
9. That no more than 17 building permits will be issued by the City
until the developer obtains a permit for expansion and constructs
an expanded the community septic system with adequate capacity
for all 26 lots and the church meeting State/County/City standards
and that funds for this system be placed into escrow and the
declarant of the Common Interest Community will demonstrate a
bank account statement with a capital reserve required for
operation of the wastewater system is either 1/3 the cost or an
amount based on an equipment failure model provided by the
vendor operating the wastewater system, whichever is greater.
10. Prior to recording the Final Plat, the developer will submit a
septic system design that has been permitted by the MPCA with
capacity for all 26 lots.
Page 25
O
C
City Council Meeting
July 7, 2017 Regular Agenda item # 11
11. 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 that delineates who is responsible for the design,
construction, and payment of the required improvements, including
park dedication with financial guarantees therefore.
12. A Common Interest Agreement concerning management of
the common areas of Hidden Meadows 2nd Addition and
maintenance responsibilities for the communal septic system and
establishing a homeowner's association shall be submitted in final
form to the City prior to the issuance of any building permit within
this subdivision.
13. Septic system maintenance be shared by the church and the
residential HOA as part of the HOA documents.
14. Approved Landscaping Plans complying with City Ordinance
Section 154.258 shall be required prior to recording the final plat.
15. The applicant shall provide evidence that all conditions
attached the Valley Branch Watershed District permit for the final
plat and associated grading work have been met prior to the
commencement of any site work.
16. That Outlot F on the plat be divided into three Outlots with
only the Outlot with street frontage being dedicated to the City
with the recording of the final plat. The other portions shall be
HOA owned and maintained.
17. That Outlot E be conveyed to the City with the recording of
the final plat.
18. That any development (subdivision) signs be constructed
only after approval of sign permit by the Planning Department.
19. That the final plat and plans be submitted to MNDOT for
review and approval and all conditions be addressed prior to
recording the final plat.
Page 26
l
City Council Meeting
July 7, 2017 Regular Agenda item # 11
20. That the declarant of the Common Interest Community will
demonstrate transfer of all permits and titles for the wastewater
system to the Common Interest Community
21. That the developer provide right-of-way for a future
extension of the northerly cul-de-sac (to be called 57' Street N) to
the east property line.
22. That the septic system on Lot 1, Block 1, Hidden Meadows
2nd Addition be inspected for compliance and if not in compliance
the lot be connected to the community septic system or the
individual system be replaced.
RECOMMENDATION:
Staff and the Planning Commission recommend the City Council adopt
Resolution 2017-073 approving the final plat of Hidden Meadows 2n
Addition with the following motion:
"Move to adopt Resolution 2017-073 approving the Hidden Meadows
2nd Addition with 22 conditions. "
ATTACHMENTS:
• Resolution 2017-073 approving the Hidden Meadows 2nd Final
Plat
• Resolution 2017-073 denying the Hidden Meadows 2nd Final Plat
• Final Plat application and narrative
• Final Plat Construction Plans
• Preliminary Plat (stamped "received, April 17, 2006")
• Resolution 2006-03 8 approving the preliminary plat
• Temporary Conservation Easement
• City Engineer Report dated June 1, 2017
Page 27
l -
I
I
C,'
C
City Council Meeting
July 7, 2017 Regular Agenda item# 11
• MnDOT Comments, dated December 2, 2016
• Old preliminary plat Staff Reports and Minutes
• July 5, 2006 final plat report to City Council.
Page 28
C
C
�- ��
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-073
A RESOL UTION APPRO VING THE HIDDEN MEADO WS 2ND
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, on July 25th9 2005, the Lake Elmo Planning
Commission reviewed and recommended approval of an amended OP
Concept Plan for Deer Glen subject to certain conditions; and
WHEREAS, on August 16, 2005, and September 6, 2005, the
Lake Elmo City Council reviewed the recommendations of the Lake
Elmo Planning Commission along with revised OP concept plans for
Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council
approved resolution 2005-102 which approved the amended OP Concept
Plan of Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Emo City Council
approved an amendment to the conditional use permit for Rockpoint
Church, Resolution 2005-029, to reflect the amended OP Concept Plan
dated September 6, 2005; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council
approved an amendment to the preliminary plat formerly approved by
Council Resolution 2005-030 to reflect the amended OP Concept plan
dated September 6, 2005; and
1
Resolution 2017-073
f
t
WHEREAS, on May 16, 2006, the Lake Elmo City Council
approved the final plat for Hidden Meadows 1" Addition, previously
referred to as Deer Glen; and
WHEREAS, the developers agreement for Hidden Meadows 1st
Addition required future platting of the residential portion of the
approved plan; and
WHEREAS, on January 2, 2007 the Lake Elmo City Council
approved a one year extension to the deadline for the final plat submittal
for the residential portion of the approved plan, thereby extending the
final plat deadline to January 2, 2008; and
WHEREAS, on December 11, 2007, the Lake Elmo City Council
approved Resolution 2007-97 granting a five year extension to the final
plat submittal deadline to January 2, 2013; and
WHEREAS, on January 15, 2013, the Lake Elmo City Council
approved a six month extension to the final plat submittal deadline to
August 2, 2013 with the understanding that future extension will be
considered after the dedication of a utility easement across the Church's
property consistent with the location of a planned 16" water line; and
WHEREAS, on August 3, 2013, the Hidden Meadows 2nd
Addition Plat became void for failure to extend the plat in a timely
manner; and
WHEREAS, on November 24, 2015, Rockpoint Church applied
for a three year extension to the final plat submittal to allow a
perspective buyer time to close on the purchase of the development
property or to find an alternate buyer if the property does not sell; and
WHEREAS, on January 12, 2016, Rockpoint Church executed for
recording a utility easement across its property consistent with the
location of a planned 16" water line as requested by the City Council;
and
2
Resolution 2017-073
Cl
C
WHEREAS, on January 19, 2016, the Lake Elmo City Council
approved a two-year extension to the final plat submittal until January 2,
2018 by Council motion; and
WHEREAS, on May 17, 2017, RM Investments, LLC and Mpls
RE, LLC,139 Fenway Boulevard, N, Hugo, MN (applicant) submitted
an application for final plat of Hidden Meadows 2nd Addition; and
WHEREAS, on June 12, 20175 the Lake Elmo Planning
Commission reviewed the final plat application and made a
recommendation for approval with conditions; and
WHEREAS, on June 12, 2017, 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 the July
7, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the Hidden Meadows 2nd
Addition Final Plat at its meeting held on July 7, 2017 and made the
following findings:
1) That the Final Plat is generally consistent with the Preliminary Plat
and Plans as approved by the City of Lake Elmo on March 27,
2006.
2) That the Final Plat is consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
3) That the Final Plat complies with Open Space Preservation
Overlay District regulations that were established at the time of the
preliminary plat approval except as approved by the City Council.
4) That the Final Plat complies with all other applicable zoning
requirements, including the City's landscaping, storm water,
sediment and erosion control, landscaping and other ordinances
except as approved by the City Council.
3
Resolution 2017-073
5) That the Final Plat complies with the City's subdivision ordinance
except as approved by the City Council.
6) That the Final Plat is consistent with the City's engineering
standards with the plan revisions as requested by the City
Engineer, except as highlighted within the City Engineer's Report
dated June 1, 2017
NOW, THEREFORE, BE IT RESOLVED THAT the City Council
does hereby approve the Hidden Meadows 2nd Addition Final Plat
subject to the following conditions:
1. That Final grading, drainage, and erosion control plans, utility
plans, sanitary and storm water management plans, street and
utility construction plans and agreements shall be reviewed and
approved by the City Engineer complying with the Engineer's
memorandum dated June 1, 2017 and complying with the Planning
Director's email comments dated April 17, 2017, prior to the
execution of the final plat by City Officials.
2. All easements as requested by the City Engineer or Public Works
Department shall be documented on the Final Plat prior to the
execution of the final plat by City Officials.
3. The applicant shall also enter into a landscape license agreement
and 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.
4. That the open space be protected by a conservation easement in
accordance with M.S.Ch 84C.01-05, as it may be amended from
time to time), to an acceptable land trust as approved by the City;
and /or conveyed to the by conservation easement to the City.
5. The developer provide verification of proper clean-up of the
former dump site on the property.
4
Resolution 2017-073
C-1
6. That the OP buffers on the west and south sides of the plat be
reduced from 200 feet to 150 feet, and the buffers on the east side
be reduced from 100 feet to 50 feet and that the buffer areas be
protected from the construction or placement of any structures
within the buffer areas by easements. Furthermore, the developer
shall install 6 ft high landscape berms with 7:1 side slopes with
landscape screening consistent with University of MN Extension
Service Urban Landscape Information Series Benn Standards near
the rear property lines of Lots 1, 2 and 3, Block 2 of the
development.
7. That park dedication be paid as a fee in lieu of land dedication
equal to 7% of the fair market land value consistent with City
Ordinance Section 153.14 prior to recording the final plat.
8. Wetland buffer monuments shall be placed every 50 feet or where
the buffer boundary changes along wetland buffers where the
buffers are within individual platted lots prior to issuance of any
building permits.
9. That no more than 17 building permits will be issued by the City
until the developer obtains a permit for expansion and constructs
an expanded the community septic system with adequate capacity
for all 26 lots and the church meeting State/County/City standards
and that funds for this system be placed into escrow and the
declarant of the Common Interest Community will demonstrate a
bank account statement with a capital reserve required for
operation of the wastewater system is either 1/3 the cost or an
amount based on an equipment failure model provided by the
vendor operating the wastewater system, whichever is greater.
10. Prior to recording the Final Plat, the developer will submit a
septic system design that has been pennitted by the MPCA with
capacity for all 26 lots.
11. 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 that delineates who is responsible for the design,
5
Resolution 2017-073
O
C
construction, and payment of the required improvements, including
park dedication with financial guarantees therefore.
12. A Common Interest Agreement concerning management of
the common areas of Hidden Meadows 2nd Addition and
maintenance responsibilities for the communal septic system and
establishing a homeowner's association shall be submitted in final
fonn to the City prior to the issuance of any building permit within
this subdivision.
13. Septic system maintenance be shared by the church and the
residential HOA as part of the HOA documents.
14. Approved Landscaping Plans complying with City Ordinance
Section 154.258 shall be required prior to recording the final plat.
15. The applicant shall provide evidence that all conditions
attached the Valley Branch Watershed District permit for the final
plat and associated grading work have been met prior to the
commencement of any site work.
16. That Outlot F on the plat be divided into three Outlots with
only the Outlot with street frontage being dedicated to the City
with the recording of the final plat. The other portions shall be
HOA owned and maintained.
17. That Outlot E be conveyed to the City with the recording of
the final plat.
18. That any development (subdivision) signs be constructed
only after approval of sign permit by the Planning Department.
19. That the final plat and plans be submitted to MNDOT for
review and approval and all conditions be addressed prior to
recording the final plat.
20. That the declarant of the Common Interest Community will
demonstrate transfer of all permits and titles for the wastewater
system to the Common Interest Community
6
Resolution 2017-073
l
21. That the developer provide right-of-way for a future
extension of the northerly cul-de-sac (to be called 57th Street N) to
the east property line.
22. That the septic system on Lot 1, Block 1, Hidden Meadows
2"d Addition be inspected for compliance and if not in compliance
the lot be connected to the community septic system or the
individual system be replaced.
Passed and duly adopted this 5th day of July, 2017 by the City Council
of the City of Lake Elmo, Minnesota.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
7
Resolution 2017-073
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-073
A RESOL UTION DENYING THE HIDDEN MEAD O WS 2'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, on July 251h, 2005, the Lake Elmo Planning
Commission reviewed and recommended approval of an amended OP
Concept Plan for Deer Glen subject to certain conditions; and
WHEREAS, on August 16, 2005, and September 6, 2005, the
Lake Elmo City Council reviewed the recommendations of the Lake
Elmo Planning Commission along with revised OP concept plans for
Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council
approved resolution 2005-102 which approved the amended OP Concept
Plan of Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Emo City Council
approved an amendment to the conditional use permit for Rockpoint
Church, Resolution 2005-029, to reflect the amended OP Concept Plan
dated September 6, 2005; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council
approved an amendment to the preliminary plat formerly approved by
Council Resolution 2005-030 to reflect the amended OP Concept plan
dated September 6, 2005; and
1
Resolution 2017-073
WHEREAS, on May 16, 2006, the Lake Elmo City Council
approved the final plat for Hidden Meadows 1" Addition, previously
referred to as Deer Glen; and
WHEREAS, the developers agreement for Hidden Meadows 1"
Addition required future platting of the residential portion of the
approved plan; and
WHEREAS, on January 2, 2007 the Lake Elmo City Council
approved a one year extension to the deadline for the final plat submittal
for the residential portion of the approved plan, thereby extending the
final plat deadline to January 2, 2008; and
WHEREAS, on December 11, 2007, the Lake Elmo City Council
approved Resolution 2007-97 granting a five year extension to the final
plat submittal deadline to January 2, 2013; and
WHEREAS, on January 15, 2013, the Lake Elmo City Council
approved a six month extension to the final plat submittal deadline to
August 2, 2013 with the understanding that future extension will be
considered after the dedication of a utility easement across the Church's
property consistent with the location of a planned 16" water line; and
WHEREAS, on August 3, 2013, the Hidden Meadows 2nd
Addition Plat became void for failure to extend the plat in a timely
manner; and
WHEREAS, on November 24, 2015, Rockpoint Church applied
for a three year extension to the final plat submittal to allow a
perspective buyer time to close on the purchase of the development
property or to find an alternate buyer if the property does not sell; and
WHEREAS, on January 12, 2016, Rockpoint Church executed for
recording a utility easement across its property consistent with the
location of a planned 16" water line as requested by the City Council;
and
2
Resolution 2017-073
WHEREAS, on January 19, 2016, the Lake Elmo City Council
approved a two-year extension to the final plat submittal until January 2,
2018 by Council motion; and
WHEREAS, on May 17, 2017, RM Investments, LLC and Mpls
RE, LLC,139 Fenway Boulevard, N, Hugo, MN (applicant) submitted
an application for final plat of Hidden Meadows 2nd Addition; and
WHEREAS, on June 12, 2017, the Lake Elmo Planning
Commission reviewed the final plat application and made a
recommendation for approval with conditions; and
WHEREAS, on June 12, 2017, 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 the July
75 2017 Council Meeting; and
WHEREAS, the City Council reviewed the Hidden Meadows 2nd
Addition Final Plat at its meeting held on July 7, 2017 and made the
following findings:
1) That the Final Plat is not consistent with the Preliminary Plat and
Plans as approved by the City of Lake Elmo on March 27, 2006.
2) That the Final Plat and Final Construction Plans do not comply
with the applicable zoning requirements for OP developments.
3) That the Final Plat does not complies with the City's subdivision
ordinance.
4) That the Final Plat is not consistent with the City's engineering
standards highlighted within the City Engineer's Report dated June
1, 2017.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council
does hereby deny the Hidden Meadows 2nd Addition Final Plat.
3
Resolution 2017-073
O
Passed and duly adopted this 5th day of July, 2017 by the City Council
of the City of Lake Elmo, Minnesota.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
4
Resolution 2017-073
f
�,
1
Tm&S�+—7-
-------------------------------- o--------
\ —
mo
6z
c)
>
jg
0
j I
rh
Fs
14 1H
It
o�
cl
cc, -4
m
rq
91 3- 3.1
zt
411
244
I rri
All
pf
rrr
------------
j
Hl
] G3 dl S> � � � ! ��^ rr E9 S _ € 73 we i g� r' i �] z
Yam a � ? � �i F � is � s' O
if
_ _ �
ia
It
gill
ift
1550.05
I N00°38'S5'W
- d' M `- -` - •n _____
I � 8 �'v _____�r i t—____ r___ 11 1
I I -
/ jyl; 11 11 ;I 11 II I i �I�� -
°.1",'i _qqqq 11 11^T II 1 II
Ft Ij ^Y 111 ------J -
°(n'U. I 9• --�'L___ y� �_=� - - ,��V
--_ ! ` 9 1 � �� _d_ �i i ` -.x.e.,IK ,.. •-11e I,H1nON 3,
3M1N3`"�a. f l°:• �- Y -- Z \
41?
!!711 }If ',°.T�y1� •�_1 __g4_ •_*1 Y t= /'\ y1 Ol_ W J
YJ gi
S 11 JJ
--,-===___-.�
YO � I ; �'°' i ..� C7 � 357.02
\
- ysl W a ' �'�
-
i_. S00°05'01"E
_
l � —7
P
/ L u,, P, c) o
��
�i
°u o
• ,] _ �gspq�I
D I d
x5 r i 1 ri
a
pp r------------
:�11 n +' f v a\'E.•9 :/,•'� !; i i ii 1 7a- 8912.72
'"a ZT - ' �' '�i .Sipk tY �-==_-ml°:__• ' —_________�_ �me il, D r F
_ All,
rTi
a,1 , `, , •tx�, IV 6 1 1 m
-, ---'---•--'------
1117.47
S00°32'13"E O
O
NTH 9
O
a
AIM 1T a �y N !8e R R
°_ 5 if A a
If d1 s
O D �
N !li IL
m � x
W Sir IZS-119d I—Iffy—" S f
� e oso� o
5 os r i m Aa � i � � NOIlbAH3Sd�ld 3lJ1 i91
s s
U
2
$" all
'*I�ef
1 p
low A i °0 a
' a ,m
m ry,�e
e _
e
f 4
I
_ I
f I
I I
� I
I
I
I
� � I
� I
(A EoF ZZWEEZ19d 10099MY1'�Fde Y'I
Z 6 W N Olt-S WN—VIC 10/ NOiivinsvi " r N
0os suvu mexv Now u A8OiN2AN1 338i
LU $ � a
."." n". ....".n...N."." .. _".......
nn.
a. aaaax.. assa Rsa„seeas
51
a �am'a€ss of as aaassas ass aas 'a" =a 'aa a` a as'31
s s� a8 a8 3'aa as a'a
6s 3 N a$ Ills$ a a$ a a a a"a ^a"a "a$na a A
4 8 ,"I. - a A a a
e e = a l e y
�3rrm_ _r t $$$$
`a `aad a E is is a dr s31 a a� s'o aa1' ?a 3 a
JJ
a Ra "aka"a5a - zd �x- ass css s Fs a: aka a
1"
."e."..nU� ".-1 . U.........U.n.n.n ,.,. ,.....
�a sasAaeRA- Aa: aaa aaA aRa
'a3 a' aaa'rE� saaaoa .1 aa'a$a... aaa a`a' a
aasaI �311
J1111 _ as�xa _as asaa saasa $ aas _ _sRaaaa
a s j R _ A j Al R a 9£s 1. a
$€ty3 $>$ $€$�_ma_:
a aa' F a$�aa s'e"a r 5 aAga-1T T1 sa 1 $s><s`aa$6s aT TTar 'a a a � $
AE
SSR a E e as sasI II A 21$- easB a®_ _ JJ 1.1 IIJ a$$J-11
$R- 53 _53_$ as__°-
�55yp€
�d�ffi
z i�3
6
EE
]Jl] I...
E
� �3 nn . n"__a " 4As "�'n"_3 P7 m 3 � A
a.W,.__ ]: .E34: n" •"s a
.. 4
a5a"a`ao$ paa?aa 9a'9 aaoTj a$S3s anfaaaga 'aaa41 aas asAo 9v191Aar$o `oa W.
a =a 5 T i6-
il l 1� �R o R- R aogRa�e oa ea Sa "aas s"Be �e�s�8z � as z :$it
J
Q
J
W
}
y o� zzszz�ez;ea ;assnwwuw J f
pia r CD
G51llHu
> Ss. UAnj NOIWMO Ndld 3dVOSOW
uj
a
w
U_
LL
w
wR
cr
M
�o
SwF I 1 I
g g
m
d
�s�
W` �
$ WA aO O
IL
o _
li r I z
r e li
o c a ✓ �Il_ JICL.--Jli J _ J��" J L ~O_=J L-'_~� �i I a
8 s ae.W
a g y a oHZ.. —,�I I r
�—Zaai
p[ r ,s�.
�exCl��tl��'��-<����vT�TVIiTe}L�`�. 9'YgU�,JKeTd��7UW
9u p O u u U
m m J Z = m m
WF Z SSOj fY J v°l� m U ta K W Z. o y m U m Y
F`S 1. � � a y) N ml Hu Hi
a'T `z 06�r� O rii�
aua Mi w� F is ZN F
uWZi Fno°a gig o,°Fu a ri
�E5 LL' a o >o o
0
W,boo LLq a
zz g� 3 uoo fa
z��5 rco h�a w�� z$mb�rm
o o i u
�Jy lo
z S T W -
] z
II_ W s v a
II.__II w a m T
'°!u a m S o o u f °o u t x
u a h o $ u E m r
IIII w �
0
W CL _
I III ww o g Y
I I a I L W o 1 H u GI y a
=I` F U a Y ° o m Y vl y i a u`
•I I ICI' � � "
H m
uj
W
.III W
� a �
G Y N
i�
_-_---------------- L
-,------ 2
A�
II y: I �: I_—`'�—'1'—�"•—t—z�'—t—'�—t yY_.I „ 19 i � �w'
J L_`1 L—� —
•I L __�-J ��� �I, a' ,I `� � X '' �HWfiIIN{4i'll♦♦IIIIEIIEffeff�''j I !i ' ijC ;�I ;I
::" I '--I�——� X' N1HN4HIIINNINININD ', I '"'
1",IIIIIII11i111l{]
ltn
1
I
CwjJ--( I i U a _J I d 1 _
— J K 17L,r_}
•, �v�(�'� �r 'III l 1 ''ll I �—.k�:. ,�',`' Q i �I 1 !I
I
v _
0
C
_ re oc%IXUPW xr PLAN
""�s
a ^^ WAIWW r vow W D ��® =Uw
CITY OF LAKE ELMO
WASHINGTON COUNTY,MINNESOTA
RESOLUTION NO. 2006-038
A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION
DEVELOPMENT STAGE PLAN, PRELIMINARY PLAT, AND
CONDITIONAL USE PERMIT OF HIDDEN MEADOWS OF LAKE ELMO.
WHEREAS, on the 30" day of June,2005,Pat Kinney of Hidden Meadows
Development, LLC("Applicant") submitted a completed application requesting that the
City of Lake Eltno approve an Open Space Preservation Development Concept PIan for a
residential subdivision on 69.68 acres of a 108.62 acre parcel; AND
WHEREAS, on the 251h day of July, 2005, at a public hearing, the Lake Elmo
Planning Commission reviewed the Concept Plan, the City Planner's reports and
comments, the comments of the Applicant and the Applicant's representatives, and
recommended approval of the Concept Plan; AND
WHEREAS, on the 20"' day of September, ZOOS, the Lake Elmo City Council
reviewed changes to the Concept Plan, the City Planner's reports and comments dated
September 6, 2005, the comments of the Applicant and the Applicant's representatives,
and recommended approval of the Concept Plan.
WHEREAS, on the 27`h day of March, 2006, at a public hearing, the Lake Elmo
Planning Commission reviewed the Development Stage Application, the City Planner's
reports and comments, the comments of the Applicant and the Applicant's
representatives, and recommended approval of the OP Development Stage Application,
Conditional Use Permit, and Preliminary Plat of HIDDEN MEADOVI'S OF LAKE
ELMO based upon the following Findings:
1. The OP Development Stage Plan and Preliminary Plat are generally compliant
with the approved OP Concept Plan, and condition of Concept Plan approval.
2, The Development Stage Plan is compliant with the standards of Section 301 of
the City Code (Open Space Development).
3. The Preliminary Plat and preliminary construction plans are compliant with
Section 400 of the City Code(platting).
4. The Conditional Use Permit complies with the pertinent findings required by
Section 300.06 of the City Code.
And subject to the following Conditions:
1. Compliance with the recommendations/requirements of the City Engineer.
2. Compliance xNith the recommendations/requirements of the Valley Branch
Watershed District as found to be appropriate by the City Engineer.
3. Trail setback to the Ziertman property be increased and screening be considered
in the Landscape Plan.
4. Confirm drainfield setback is to be 100' feet from property line.
5. Provide size and delineation of the alternate drainfield.
6. Secondary drainfield have the appropriate easement for trail use.
7. A trail easement be added to the proposed watermain easement.
NOW, THEREFORE, BE IT RESOLVED that the Lake Elnio City Council hereby
approves the Open Space Development Stage Plan, Preliminary Plat, and Conditional
Use Permit for HIDDEN MEADOWS OF LAKE ELMO, as illustrated on the
Preliminary Plat prepared by Kimley-Hone and Associates, Inc., dated March 3,2006.
ADOPTED,by the Lake Elmo City Council on the 18"'day of April, 2006.
Dean A. Johnston,Mayo
ATTEST:
r Martin Raffel '.ity mis for
3674146
Receipt//: 56843
AGR $46.00
Certified Filed and/or recorded on:
12/19/2007 4:10 PM
3674146
Office of the County Recorder
Retum to: Property Records a Taxpayer Services
PETERSONFRAM&BERGMAN Washington County,MN
55 E 5TH STREET SUITE 800
ST PAUL MN 55101 K(1•in J Curhid,Count),Recorder
i
INTERIM AGREEMENT
INTERIM AGREEMENT
HIDDEN MEADOWS OF LAKE ELMO
1.0 Parties. This agreement is dated the -1 day of JUne—
2007, and is entered into by and between the City of Lake Elmo, a Minnesota
municipal corporation (herein the "City"); and The Rockpoint Church, a
Minnesota non-profit corporation (herein the "Developer").
2.0 Recitals.
A. On May 16, 2006, the City approved the final plat for Hidden
Meadows of Lake Elmo, a copy of which is attached and
incorporated as Exhibit A.
B. The Developer is the owner of Lot 1, Block 1 and outlots A and B,
Hidden Meadows of Lake Elmo as shown on Exhibit A.
C. When the final plat of Hidden Meadows of Lake Elmo was
approved it was anticipated that a Church building would be
constructed on Lot 1, Block 1, Hidden Meadows of Lake Elmo and
that outlots A and B, Hidden Meadows of Lake Elmo would be
replatted as Hidden Meadows of Lake Elmo 2nd Addition
("Residential Project"). A copy of the proposed plat for the
Residential Project is attached and incorporated as Exhibit B.
D. The Development Agreement for Hidden Meadows of Lake Elmo
("Development Agreement") includes a provision which requires the
Developer to construct the waste water treatment system for the
Church building and for the anticipated Residential Project before
occupancy of the Church building.
E. The Developer would like to occupy the Church building by June
10, 2007 without constructing a waste water treatment system for
the Residential Project,
F. The City wants some assurance with respect to the conservation
easement areas of the Residential Project which are illustrated as
outlots B, C, E and F (Conservation Easement Areas) on Exhibit B
will be preserved.
IN WITNESS WHEREOF, the above-named parties have hereunto set
their hands.
CITCDan
KE L O
By: Qo- By:
Johnston Susan Hoyt
Mayor City Administrator
STATE OF MINNESOTA )
ss.
COUNTY OF
On this �ay of U N2r 2007, before me, a notary public
within and for said county, personally appeared Dean Johnston and Susan Hoyt,
to me known to be respectively the Mayor and City Administrator of the City of
Lake Elmo, and they executed the foregoing instrument and acknowledged that
they executed the same by authority of and on behalf of City of Lake Elmo.
Notary Public
SHARON LEE LUMBY
NOTARY PUSUC•WNNESOTA
My Commission Expires Jan,31,2012
3
FOCUSENGINEERING, inc.
MEMORANDUM
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
Date: November 21, 2016
To: Stephen Wensman, Planning Director Re: Hidden Meadows 2nd Addition
Cc: Randal Tweden, P.E.,Solution Blue Final Plat/Construction Plan
Chad Isakson,P.E.,Assistant City Engineer Completeness Review
From: Jack Griffin, P.E.,City Engineer
The following documentation was received on November 17, 2016 for the Hidden Meadows 2nd Addition Final
Plat as prepared by Solution Blue:
• Hidden Meadows 2nd Addition Final Plat, not dated.
• Hidden Meadows 2nd Addition Construction Plans dated November 15,2016.
STATUS/FINDINGS: The submittal is incomplete and must be revised and resubmitted for staff to initiate its plan
review. 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 and Plan Sheet Format Requirements available for download on the City website.
The following comments are intended to assist with plan preparation and may call your attention to a several of
the more important issues resulting in an incomplete application,however,the comments below are not intended
to be all inclusive.The applicant or applicant's representative should review the City's design standards guidelines
and plan format requirements carefully before resubmitting. Also, please review printed plan copies prior to
submittal and verify line types for all information are clearly visible and can be fully distinguished for the purpose
of plan review.
FINAL PLAT/CONSTRUCTION PLANS
• Add Lot and Block numbers and street names to all plan sheets for reference points.
• Update plan legend to include all line types use in the preparation of the plans.
• Sheet C2.0. Revise scale to 1" = 50 feet. Existing conditions must be provided for the plat area and to a
distance of 150 feet from the plat limits.
D All utilities must be shown including type of utility,material,size and inverts if applicable.
➢ All wetlands, wetland buffers and water bodies must be clearly shown/delineated and must
include the existing normal water level(NWL)and high water level(HWL).
➢ Include trees, wooded areas, structures and other existing conditions that require removal, or will
be impacted.
• Sheet C4.0.Typically the erosion control plan must be shown on the grading plan to verify grading limits.
Revise scale to 1"=50 feet.
L Add City standard Plan notes to the erosion control plan sheets and remove the notes from the
details page.
PAGE 1 of 3
• Sheets C18.0 through C20.0.
Move storm sewer plan and profiles to the street plan and profile sheets.
Add pipe size and material in plan view.
Add rip rap to discharge locations.
➢ Add dimensions in plan view to indicate placement of utilities in right-of-way and following city
standards.Storm sewer to be placed south and east of centerline,offset by minimum 10 feet.
Watermain and sewer main should be greyed out but remain visible to review for conflicts.
Add storm sewer plan notes.
Show pipe crossings in profile.
• Sheet C21.0. Add existing and proposed grade profile for each structure and storm sewer run.
• Sheet C22.0. Add proposed pipe velocity for each storm sewer pipe under the 10-year design condition.
Verify pipe velocities are< 15 fps for all pipes and<5 fps at all discharge points.
• Sheets C23.0 through C27.0. City standard Plan notes must be placed on the applicable plan sheets and
removed from the details sheets.
• Sheet L-003. Landscape plan must show all proposed utilities on the plan to assist with plan review.
Add plan note that all trees must be field flagged and approved by the City prior to installation.
➢ Verify that all trees are planted to maintain minimum 10 feet from water/sewer services and other
pipe utilities.Trees must also be planted to maintain minimum 5 feet from utility joint trench.
• Add street signage, lighting and pavement marking plan with city standard plan notes.
• Specifications. Specifications for the Hidden Meadows 2nd Addition must be submitted for review by the
City.Specifications must use the City Standard Specifications found on the City website.
COLLECTION SYSTEM PLANS
• All Plan Sheets:Revise plans to be 22"by 34"and scale 1"=SO feet.
• Add plan notes as needed to identified pipe separations and location within right-of-way.
• Provide all existing conditions for the wastewater treatment system.
i Include current inspection report demonstrating system condition and statement of compliance.
Also provided current system capacity and current use.
Y Include proposed system use and capacity and provide plans for any system expansion.
PAGE 3 of 3
Date Received: 'ri u: CITY (
Received By: L.I X K E ELMO
LU File M -�•
651-747.3900
3800 Laverne Avenue North
Lake Elmo,MN 55042
FINAL PLAT APPLICATION
Applicant: RM Investments,LLC &Mpls RE,LLC -Mark Guenther
Address: 13925 Fenway Blvd N.Hugo MN 55038
Phone#: _651-425-0469
Email Address:_mark@genmarkbuilders.com
Fee Owner: RM Investments, LLC &Mpls RE, LLC - r3a.'e- 4A k-u'OW-C-'-
Address: 13925 Fenway Blvd N Hugo MN 55038
Phone#: 651-762-1110
Email Address: 4904V L��-.�B
Property Location (Address): 5825 Kelvin Ave N.,Lake Elmo,MN 55042
Complete(long) Legal Description:
PID#: 0202921240001
General information of proposed subdivision: Hidden Meadows of Lake ELmo is a 25 lot open
_preservation community.-Lots sizes are -1-2 acres The development has a shared community
septic system with Rockpoint Churchwhich is managed by an HOA.Water is city supplied.
This development was preliminary platted with a 2 year final plat extension granted by the City
in December 2015.
In signing this application,I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning
Ordinance and current administrative procedures, I further acknowledge the fee explanation as outlined in the application
procedures and hereby agree y sta eme ceived from the City pertaining to additional application expense.
Signature of applicant: Date:
Fee Owner Signature
ig
Revised 71201201611:20 AM
HIDDEN MEADOWS OF LAKE ELMO 2"d ADDITION
Narrative Statements
2.Written statements providing information regarding your proposal. Please provide a separate answer
for each of the lettered items listed below(answers must be submitted in both hard copy and electronic
form-- MS Word format or PDF):
a. A listing of contact information including name(s),address(es)and phone number(s) of:the
owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant
associates.
Owner
Rockpoint Church
5825 Kelvin Ave N.
Lake Elmo, MN 55042
Attn: Wes Oren
651-770-3172 (202)
Purchaser& Developer(Fee Title Owner)
RM Investments, LLC& Mpls Re, LLC
13925 Fenway Blvd N
Hugo, MN 55038
Attn: Brenda Kunkel
651-762-1110
Engineer
Solution Blue
318 Cedar Street
St. Paul, MN 55101
Attn: Mitchell Cookas
651-294-0038
Surveyor
Bohlen Surveying and Associates
1682 Cliff Road East
Burnsville, MN 55337
952-895-9212
b. A listing of the following site data: Address, current zoning, parcel size in acres and square feet,
property identification number(s) (PID), and current legal description(s).See plat sheets, parcel is 86.52
acres.
Proposed development will begin in March/April of 2017 depending on weather. Expected
completion will be June/July of 2017.All the utilities will be installed and possibly phase the road
construction in 2 phases.All recreational trails will be installed when the road improvements are
installed.
c
ti
n+.+: n d•r '�n1 o talst�U T1 nn 9B/[o/v r,.a BLI-BO 0-".roaa
w rN '•Y .w,..r�.wt,•,�w •pl,xr.frNN
rrrr rrrrn+4 3ul'sBteucssYPue — 90-r0-s0 31r0 V'
rorfrwr>,MA.nq, Wfl{{t(ppa91 toff vls Yvld lnDw unsc-i
Ml 18 03Y33H3
tr�,•Y•v.ar ❑_a ^� o .ems SNV'd 1N3ndOl3.\30 311S ae +B nYvao
na ,a 03N71530:,M
I- ,a1efl,n Y10M r0:n,.BYrdpb
OY(13 3XV1 30 SMOOY3N N3001H 0310N S,
�'�' \.. '+III• '!, ``� � ..�, D t�I �' 't, , �l i t �1/� - j f' /•'I
,'J{ •�:y"ellll ",:�I�IIIt, IIII�1f�• rt'tIt 1 I -____ ----tl- /rarw;•+oBov�a�a.s�-_I
,
It
:its
�rI! -�---tip` '•� .w._. " t+it t. ,', I � i{'3 - �._ t � � r� '•' I
j '
a LO
:N
N ki
F'a,>r\r ��\�,` �I � �b-Q'i� � •� , `I'\`�•�,,Y �,\i. s J'�:� \ i11\''��. ..\-1
�\ \\ ♦\. : ti r' ,� Y is V�"� ,a
\\d\ %t\ \ <'b \• r t
y` \\�• \\ \a\�c\:V�\`). ��� } I ,k 1 is 'I✓ ,I.{i-t p
�`� \\'• \\.; \\�\\```,��\�\`\\ fin I � _ _ --e�-.._ -
\x \ \`\\\\\ \� t �I I �.�R gnGandpup—bIA
I — I —
We
1 V\.
Ic
'I
- - --�•+aN anuafY-q�Ji-
•ua6v B -900r s0 aen 0.!t ZI-90\6•p\I'S 07\--13 rro,to.....n uapp.H BLI-BD\fla"e,d 900L\S
\� ,r /�
•"••"^' "' NI .Ipp lfiji Q+Al.n , !p L.0 se'-w oa 133rod.
IIIp[If ll1./ 93-t0-So 31 VQ
nvld tnotvl 3dv3sa rl
<a.Pi wr•..+--•xr Wo AB Ma AB a..wvao
YYNrr!< 11' 1 3w b S+r+:+1 fWn 1]1+i0ar
w•n�r�l.<...•a [ 1,nxa.+,w'ss,nse pnnrn+ SNYId 1N3YtdOl3\30 3115
1B1o7MJ57o
OW13 3Ntl1 30 SMO(V3Y1 N3001H auoa
------------ ---1 1i--`-•-",T.,'��1�_ --1
c"M VC
ca
Ire Ee �p'sgOZI
nll
It
-'�� • I I~ \\ \\\ ti a g �{ � g � z
I is }}t'•\ } ��S f
y ' \
I i I �}% I •r rg.l �7`z4' 1II ,I I' 'I 111.1\ °f ���8 � � � � 6�l0391��� �6i
; 1 p
I__ I I I b•" �F
l
tp
r R
.r lot
I III', I� t} � !•v. \ r 'i, ;
tV 1 T i P,7
tl/ �; /l.;
'
I gill It •-�:, a• li,911i
� '� `r :� �ir. € .,�f.�fl� �:a :�� � �ef� f IsEltPQ f F F Ef
gg �q z
.If €
——————— --------- J._--J
-09,9-9oot So 1pn oaooll-BLI.9o\6.p\IfS o3\pawl)r.31 to I ppan uapp.0 BLi-90\f l.+ta.e Soot\s
Stephen Wensman
From: Stephen Wensman
Sent: Monday,April 17,2017 12:46 PM
To: 'Randal Tweden'; Mark Guenther
Cc: Emily Becker, jack.griffin@FOCUSengineeringinc.com'
(jack.griffin@FOCUSengineeringinc.com)
Subject: Hidden Meadows 2nd Planning Comments:
Attachments: SKMBT_C25317041712170.pdf
Dear Mark,
I have reviewed the proposed final plans and have prepared preliminary comments.The City Engineer will be providing a
separate set of comments. The final landscape plans dated 04/03/2017 were reviewed and I have following comments:
1. Please show on final plans the water and sanitary sewer connections to verify there are no conflicts with
planned street tree locations.The City prefers a 10 foot setback from individual lines and requires a minimum 5
foot setback.
2. Please use the City of Lake Elmo standard details and plan notes on your plans.
3. The plans identify 88 Street trees(trees within the public R/W), however the landscape ordinance requires 1
tree per lineal foot of street frontage. If there are 6657 lineal feet of road,then there is 13,314 lineal feet of
frontage (2 sides of road).The street tree requirement is 266 street trees. Staff will accept the trees at the edge
of the utility easement outside the R/W as required street trees.
4. The plans identify 157 evergreen trees and 24 overstory trees meeting the 5 trees/acre of disturbed area. The
plans exceed the non-street tree requirement.
5. The evergreen buffer along the west property line identifies a mix of evergreen tree species. The arborvitae are
extremely susceptible to deer browse.City staff suggests changing the arborvitae to Austrian Pine. The Medora
Junipers get a mature width of 3 feet.Staff suggests changing the Medora to'Sky High' or'Star Power'varieties
which have a mature width of 5 feet.
6. The landscape plans should identify the proposed stormpond maintenance roads in order to identify conflicts
between proposed trees and storm pond access.
7. Please identify the seeding areas (limits of native seeding)for each proposed seed mix on the plans or a
separate plan exhibit.
8. Reading through the preliminary plat approval records,there are a number of comments about the
effectiveness of screening on the east side of the plat. I found the Kimley-Horn Landscape Plan dated
05/02/2006 that show a staggered row of conifers along the east tree-line intended to bolster the
screening. This planting was subject of much debate and it appears as though a final landscape plan was
approved prior to the July 5, 2006 City Council meeting. I would suggest this was the approved landscape
plan. If so,your plans are deficient screening along the east in particular(see attached 05/02/2006 Landscape
Plans)
9. The buffer on the west side has been reduced from 200 ft to 150 ft as suggested to provide for a back yard area
that is usable. It has been suggested that a berm be added along the west property line along with the proposed
trees in lieu of the 200 ft. buffer(there will be public comments as such).
10. Revised and approved landscape plans are required prior to recording the final plat.
Other comments:
• Recently the Planning Commission has indicated that they prefer minimal street lighting in residential
subdivisions.There most recent comments suggest they prefer street lighting only at intersections. There are no
street lighting requirements in the City code,so this is just commentary.
1
• The Detail sheet#805 does not appear to apply to this development. Check with the City Engineer if the
alternate detail on C22 would take its place.
• Outlot ownership comments:The City mayor may not want to own Outlots E and F. If Outlot F is owned,the
City may want to only accept the portion with the stormpond access and pond on it(breaking it down to smaller
outlots).
• Water service stub on Lot 10, Block 2 is within the proposed driveay(check with City Engineer if this is an issue)
• Verify with the City Engineer the required width of the easement between Lots 3 and 4, Block 2 is of adequate
width.
• The open space calculation is incorrectly calculated on C4:
Open Space Calculation:
Outlot A N/I
Outlot B 7.45 ac
Outlot C 15.06 ac
Outlot D 1.36 ac
Oultot E 8.29 ac
Outlot F 3.51 ac
Total 35.59 acres
Open Space Calculation=35.67 ac/67.89 acres=53%open space
Stephen Wensman
Planning Director
City of Lake Elmo
651-747-3911
2
4�0 nNNESOTg20
Minnesota ®epaa-tnien4 of Transportation
Metropolitan District
Waters Edge Building
1500 County Road 82 West
Roseville, MN 55113
December 2, 2016
Kyle Klatt
Planning Director, City of Lake Elmo
3800 Laverne Avenue N.
Lake Elmo, MN 55042
kklaaa.lakeelmo.org
SUBJECT: P16-067 Hidden Meadows
SE Quad of MN 36&Keats Ave N
Lake Elmo, Washington County
Control Section 8204
Dear Mr. Matt:
The Minnesota Department of Transportation(MnDOT)has reviewed the above referenced plat in
compliance with Minnesota Statute 505.03,subdivision 2,Plats. Before any further development,please
address the following issues:
Water Resources
A drainage permit may be required. The submitted information is insufficient to determine if the proposed
drainage system would impact MnDOT right of way. The proposed development will need to maintain
existing drainage rates(i.e.,the rate at which storm water is discharged from the site must not increase).
As part of a drainage permit submittal,the City or project developer will need to submit before/after
hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns
and systems affecting Mn/DOT right of way will be perpetuated.
For questions on these points or to submit additional information,please call Blyce Fossa►id,Mn/DOT
Metro District Water Resources Engineering,at(651)234-7529 or email bryice.fossand@state.mn.us .
Noise Control.
MnDOT's policy is to assist local governments in promoting compatibility between land use and
highways. Residential uses located adjacent to highways often result in complaints about traffic
noise. Traffic noise from this highway could exceed noise standards established by the Minnesota
Pollution Control Agency(MPCA),the U.S. Department of Housing and Urban Development,and the U.S.
Department of Transportation.
Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to
prevent land use activities listed in the MPCA's Noise Area Classification(NAC)where the establishment
of the land use would result in violations of established noise standards.
MnDOT's policy regarding development adjacent to existing highways prohibits the expenditure of
highway finds for noise mitigation measures in such areas. The project proposer should assess the noise
situation and lake the action deemed necessary to minimize the impact of any highway noise.
If you have any questions regarding MnDOT's noise policy please contact Natalie Ries in our Noise/Air
Quality section at(651)234-7681.
Review Submittal Options:
MnDOT's goal is to complete the review of plans within 30 days. Submittals sent electronically can usually
be turned around faster.There are four submittal options:
1. One(1)electronic pdf version of the plans. MnDOT accept plans at metrodevreviews.dot(a_)state.mn us
provided that each e-mail is less than 20 megabytes.
2. Three(3)sets of full size plans.Although submitting seven sets of full size plans will expedite the
review process. Send plans to:
MnDOT—Metro District Planning Section
Development Reviews Coordinator
1500 West County Road B-2
Roseville, MN 55113
3. One(1)compact disk.
4. Plans can also be submitted to MnDOT's External FTP Site at:
ftp://ftl22,dot.state.mn.us/pub/incomingIMetroWatersEdg //Planning. Internet Explorer may not work
using FTP so use an FTP Client or your Windows Explorer(My Computer).Notify
metrodevreviews.dot(_@state.mn.us indicating the plans have been submitted on the FTP site.
If you have any questions concerning this review,please contact me at 651-234-7784.
Sincerely,
i
Karen Scheffing
MnDOT Principal Planner
Copy sent via E-Mail:
Buck Craig,Permits
Nancy Jacobson, Design
Bryce Fossand, Water Resources
Matt Aguirre, Right-of-Way
Russ Owen, Metropolitan Council
Kaare Festvog, Traffic
Ryan Coddington, Area Engineer
Natalie Ries,Noise/Air quality
LAKE ELMO PLANNING COMMISSION
STAFF REPORT
Date: March 24, 2006 for the Meeting of March 27, 2006
Applicant: Hidden Meadows Development, LLC (Pat Kinney)/Lakewood Evangelical Church
Location: Southeast Quadrant of State Highway 36 and Keats Avenue
Requested Action: OP Development Stage Plan/Preliminary Plat and CUP — "Hidden Meadows
of Lake Elmo"
Land Use Plan Guiding: RAD
Existing Zoning: RR
Site History and Existing Conditions:
A Preliminary Plat of Deer Glen was approved by the City Council on April 28, 2005 concurrently
with several other related applications for 108 acre site. That Preliminary Plat specified a partial
street right-of-way extending into the site from Keats Avenue and a 20 acre Lot 1, Block 1 — the
site reguided and rezoned PF to accommodate the (now) Rock Point Church. The balance of the
108 acres was "outlotted" in the Deer Glen plat pending a revised OP Concept Plan for the
residential portion of the project. The 2005 approval of the Deer Glen Preliminary Plat did specify
that the portion of the lands adjacent to State Highway 36 and north of the public street could be
excluded from the OP project, and remain an outlot with no designated use.
On September 20, 2005 the City Council approved an amended OP Concept Plan for the
residential portion of the project south of the public street. It is this area (and the original
homestead site north of the public street) that is the subject of the OP Development Stage Plan.
The Preliminary Plat covers the actual OP development and the remaining Outlots north of the
public street.
Discussion and Analysis:
City review of OP Development Stage Plans and accompanying Preliminary Plats includes
findings of both compliance with the approved OP Concept Plan and compliance of the
preliminary infrastructure plans with City engineering standards and OP design standards. The
City Engineer's review of those infrastructure plans is the critical component of this development
review stage since the general neighborhood design/lot count/required amenities are established at
the Concept Plan Stage.
OP Development Stage Plan/CUP
l. The proposed lot count and lot configuration (including OP buffer areas) are responsive to
the approved Concept Plan (September 20, 2005).
2. The Landscape Plan proposes 470 trees to be introduced to the site with deciduous trees
partly 2.5 inch and partly 1.5 inch caliper (depending on species), and coniferous trees 6
feet and 8 feet in planted height (dependent on species). This count and quality of trees will
respond to both OP and Section 400 standards for landscape — particularly considering
significant existing tree population on some of the proposed lots that will be retained.
3. We do not find a Landscape Plan response to Condition #5 of the OP Concept Plan
approval resolution, "5. The Development Stage Plan shall demonstrate the year-round
effectiveness of screening measures that support the 100.foot OP puffer on the east side of
site." While the Landscape Plan notes existing tree groupings along the east side of the
plat, we find no indication of the species, spacing and sizes of the trees in that grouping
that would demonstrate that this would be effective year-round screening of the homes
within the plat. Together with a listing of the trees proposed as effective year-round
screening, the preferred method to demonstrate that effectiveness is providing cross
sections from house through screen to adjacent land.
4. With the exception of#3 above we find that the applicable conditions of the Concept Plan
approval resolution are complied with.
Preliminary
The City Engineer has presented a March 23, 2006 Email outlining a number of infrastructure
related review comments, including a finding that certain information required to complete his
review has not been submitted by the applicant.
Findings and Recommendations:
Where City Engineer or Watershed review comments address minor plat modifications we usually
recommend the plat go forward to the City Council with a condition requiring compliance by the
applicant with those comments and recommendations. In this case the City Engineer's review
recommends more substantial modifications than we have seen previously, and the need for
additional information to complete his review. This concern coupled with the lack of a plan
demonstration screening effectiveness leads staff to recommend that this Preliminary Plat be
tabled by the Commission pending applicant's plan adjustments and submission of the information
we do not as yet have.
The Noticed Public Hearing regarding the plat and CUP should be conducted by the Commission
on March 27, as scheduled. Based on the above comments the City does not have a "completed
application" as of this date. We suggest, however, that the meeting at which the Commission
should next consider this matter is April 24, and the meeting at which the City Council should act
is May 2, 2006,
Planning Commission Actions Requested:
Motion to table the OP Development Stage Plan/Preliminary Plat/CUP of"Hidden Meadows of
Lake Elmo" until such time as completed application documentation is submitted and
modifications to the infrastructure design recommended by the City Engineer are completed.
Charles E. Dillerud, City Planner
Attachments
1. City Council Resolution#2005-102 Approving the OP Concept Plan
2. Approved OP Concept Plan
3. City Engineer's Email
4. Applicant's Documentation
Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A
City Council
April 18, 2006
Agenda Item: OP Development Stage Plan/Preliminary Plat and CUP—"Hidden Meadows"
Backp,round Information for April 18,2006.
The Planning Commission considered this OP Plan/Plat/CUP to create 26 single family lots (25 new and 1
existing) at meetings March 27 and April 10,2006. The Official Public Hearing was conducted on March
27, and the applications were then tabled pending resolution with the City Engineer of several infrastructure
design issues, and submission by the applicant of a screening plan along the east site boundary to comply
with OP standards where a 100 foot OP buffer is proposed. The majority of the infrastructure design issues
were resolved with the City Engineer by April 10, and the applicant presented the screening plan at the
April 10 Commission meeting. Following substantial discussion the Commission decided to recommend the
applicant's proposed screening plan to be compliant with the intent of the OP buffer standards.
Public Hearing testimony focused on a request by an adjoining (at the extreme southwest corner) property
owner for a public street extension to the south plat boundary. That neighboring 20 acre parcel is accessed
via an easement to Keats that was created when a 40 acre parcel was divided, with City approval, into 2
"shotgun"20's several years ago. The property owner advised the Commission that he desires a direct
public street access through this plat to eliminate a long easement driveway and enhance the potential to
further divide the 20 acre parcels (perhaps to 10's) in the future. The Commission does not recommend the
street extension be required.
A second adjoining property owner requested that the trail along the west perimeter of the plat be moved
away fiom the property line. The applicant has agreed to do so.
The Commission has unanimously recommended that the OP Plan/Plat/CUP be approved.
Person responsible:
Action items:
Motion to adopt Resolution#2006 - , approving the OP City Planner
Development Stage Plan/OP Conditional Use Pen-nit and
Preliminary Plat for"Hidden Meadows of Lake Elmo per plans
staff dated April 13, 2006 and subject to conditions of approval as
recommended by the Planning Commission.
Attachments: Time Allocated:
1. Draft Resolution#2006— Approving Plat/Plan/CUP
2. Location Map
3. Planning Commission Minutes of March 27 and April 10
4. Planning Staff Reports of March 24 and April 6
5. Documentation and graphics
Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B
City Council
July 5, 2006
Agenda Item: Final Plat and Development Agreement—Hidden Meadows 2"a Addition
Background Information for July 5,2006:
An application for Final Plat of Hidden Meadows 2"d Addition has been presented for City Council
approval. This Final Plat is for the 69.68 acre residential (OP)portion of the Rock Point Church site at 59"
Street North and Keats Avenue, and plats 25 lots and the remaining street right-of-way not platted with the
Rockpoint Church Final Plat. The Preliminary Plat was approved on April 18,2006.
Staff has prepared a Development Agreement including content and format similar to those of prior OP
plats. The City Forester has reviewed and approved the Final Landscape Plan. Note that the City Engineer
has determined that the primary drainfield setback to the west property line is(and always was) 100 feet or
more.The applicant has delineated a secondary drainfield site, and the water main/trail easements thereon
will be provided in written format rather than by plat notation—the usual method for these types of
easements.
As this is written the City Attorney is continuing review of the various Covenants/Declarations/Easements
that will be required prior to release of the plat by the City for recording. The Conservation Easement over
the Preserved Open Space may be held by the City rather than the Land Trust—as is permitted by the
Zoning Ordinance. The applicant and the Land Trust are still conversing on those matters. In no case can
the plat be released for recording prior to the Conservation Easement(as well as the other required written
easements) being provided to either the City or the Land Trust or both.
Person responsible:
Action items:
Motion to adopt Resolution#2006 - approving the Final Plat and City Planner
Development Agreement for Hidden Meadows 2"Addition,
Attachments: Time Allocated:
1. Draft Resolution 42006- Approving Final Plat and DA
2. Draft Development Agreement
3. Final Plat
4. Resolution#2006—Approving Preliminary Plat
5. Approved Preliminary Plat
Tl IF CITY (�I-
LJA K E ELMO
STAFF REPORT
DATE: 7/5/2017
REGULAR
ITEM #: 12
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Lions Park Signs
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
Aaron Runk has offered to sell advertisements in the form of signage on
fencing within Lions Park. Staff obtained quotes from Kathy Weeks of
Weekend Signs. The Parks Commission reviewed the sign costs at its
June 19, 2017 meeting and made recommendations.
ISSUE BEFORE COUNCIL:
The Council is being asked to review the Parks Commission
recommendation and adopt Resolution 2017-071 approving the initial
costs of the signs to be assigned to the capital improvements fund for
Lions Park; and approving cost and sales price for and type of signs to
be allowed within Lions Park.
PROPOSAL DETAILS/ANALYSIS:
Kathy Weeks provided pricing for both 4' X 8' and 4' X 16' (two panels
of 4' X 8') signs. Pricing is shown for both aluminum composite and
vinyl banners in these sizes. This pricing is at cost and does not include
markup, and Kathy has indicated that there will be no additional markup
to this price. Staff has also reached out to other sign companies to obtain
i
/'
C-
pricing, and Kathy's quote was the lowest. These quotes are attached for
reference. Once a business has agreed to purchase advertising space, the
signs would be made and displayed on fencing in the park. Kathy has
also provided visuals of what the signs would look like on fencing
within the park.
The advertisements would be sold, and the City would pay Kathy for the
initial cost of the signs. The initial cost of the 4' X 8' aluminum signs
are $150.00-$200.00 each, and the Parks Commission recommended that
they be sold for advertisement at $500.00/year. The 4' X 16' aluminum
signs (which would be made up of two 4' X 8' aluminum signs) are at a
cost of$350.00-$400.00 each, and the Parks Commission recommended
that the advertisements be sold at a price of$900.00/year. The Parks
Commission also recommended that the funds used for the initial costs
of the signs come from the Lions Park capital improvements fund and
that the signs have a vintage feel where possible.
FISCAL IMPACT:
Initial cost of purchasing the signs, which would be covered by the cost
for advertisement. The Parks Commission has recommended that the
initial funds to purchase the signs come out of the capital improvements
fund for Lions Park.
OPTIONS:
• Adopt Resolution 2017-071, approving the initial costs of the signs
to be assigned to the Lions Park capital improvements fund; and
approving cost and sales price for and type of signs to be allowed
within Lions Park as part of tonight's consent agenda.
• Remove the item from tonight's consent agenda, make
amendments Resolution 2017-071, and adopt Resolution 2017-071
as amended.
• Not adopt Resolution 2017-071.
RECOMMENDATION:
�_
G
(�
Staff and the Parks Commission recommend adoption of Resolution
2017-071, approving the initial costs of the signs to be assigned to the
Lions Park capital improvements fund; and approving cost and sales
price for and type of signs to be allowed within Lions Park as part of
tonight's consent agenda. If removed from the consent agenda, the
recommended motion can be made as follows:
"Move to adopt Resolution 2017-071, approving the initial costs of the
signs to be assigned to the Lions Park capital improvements fund; and
approving cost and sales price for and type of signs to be allowed
within Lions Park. "
ATTACHMENTS:
• Resolution 2017-071
• Sign package from Kathy Weeks including sign pricing, example
photos of what the signs would look like within Lions Park, and
example sign graphics
• Other signage quotes
f
O
L
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2017-071
A RESOLUTION APPRO VING INITIAL COST, PRICE, FUNDS BEING
USED, AND TYPE OF SIGNS TO BE SOLD AND PLACED WITHIN
LIONS PARK AND COMMITTING FUNDS
WHEREAS, Lions Park is home to many annual events such as the
Lake Elmo Rotary Ice Cream Social, Huff n Puff Days and numerous Lake
Elmo Baseball Association games; and
WHEREAS, Lions Park is one of Lake Elmo's oldest parks and is in
need of improvements for both safety and aesthetic reasons; and
WHEREAS, Lake Elmo residents and businesses are interested in
contributing to improvements at the Lions Park Ballfield both through
monetary and in-kind contributions and;
WHEREAS, volunteers have come forward offering to help sell
advertising signs for the outfield fence at Lions Park and;
WHEREAS, the Parks Commission also recommended that every
effort be made to give the signs a vintage feel when possible; and
WHEREAS, the Parks Commission reviewed the cost, price, funds
to be used, and type of signs to be used and sold as advertisements within
Lions Park at its June 19, 2017 meeting and recommended that Council
approve the following:
• 4' X 8' 3mm Aluminum Composite Sign w/ Grommets at a
cost of up to $200.00 and a sale price of$500.00/year.
Resolution No. 2017-071
f
C;
C
2
• 4 X 16' 3mm Aluminum Composite Sign w/ Grommets at a
cost of up to $400.00 and a sale price of$900.00/year, and
WHEREAS, the Parks Commission also recommended that the City
Council commit the funds received from sales of signs to the Lions Park
Ballfield Improvement Fund and;
WHEREAS, the initial costs of the signs would come from the funds
deposited in the Lions Park Ballfield Improvement Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Lake Elmo approves the aforementioned initial costs, sale
price, funding source, and type of signs that will be sold for advertising to
raise funds for Lions Park, to be placed within Lions Park.
BE IT FURTHER RESOLVED, that the City Council does hereby
commit the advertising revenues from the sale of signs at Lions Park to the
Lions Park Ballfield Improvement Fund.
Passed and duly adopted this 5th day of July, 2017 by the City Council of
the City of Lake Elmo, Minnesota.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
Resolution No. 2017-071
G
C.
reeN-
000
PKATHY WEEKS
d i Proof: 1
[,4' x 8' (Rihm Kenworth) 233' fence marker
�7r
4' x 16' Gorman's Restaurant in center... 4' x 8' signs on each side
266' fence marker
paw
7
L
:e review your proof carefully for Spelling Errors, Size, Quantity, Color & ALL content.
e Date: 5/31/17
KATHY WEEKS
gn
Proof: 1
4' x 8'
' LT
EHi4E
TTaqw&� , ACE
ap
• • • - •
RIHM KENWORTH
Find Us On Facebook7 FAMILY OWNED & OPERATED
OPaMAN I S *nxii
Restaurant �Vs�
Bur ers & Malls LAKE ELMO BANK
A TRADITION OF SERVICE
4'x 16' (2 @ 4'x 8' panels installed next to each other)
19"KAW
Resit urnnt Suntl
Burgers & Malts PEN `till 8pm Mon.-Sal."il13nm
NOTE:
Please review your proof carefully for Spelling Errors, Size, Quantity, Color & ALL content.
c C
� O rn
p � O
'�✓ LO
LO u
t_ C 231
m
O z m� N
a N vvi
� :L-in a
M O n i
U CL Cl. N
N } E 0 m
CL O U W N
LO E �D 7 L N
7 U C 0 C
c > a) C
Er _E E
Q D C a U N
ro " 5 L O
� � E
M L
M a 10 L N
X �_ O x -00 m E
z aj to O r
v) L N U
z �i Qj y 1- C
OV v'yE y0 N to (n
U N W v N 00 U C
lL > C i > a•- -Y N
O O
� o v o > a�i
10 '0 � p >
�- ro v a m _ L c rn y
w Lin m m En 3 a C 0- 1 03
L L L C ° f0 y n s
7cn L 0 O E
(J LL a LL to =a C7 C7 U O N
O � �
C7 `-
Z
a
m
CC
co fD (n) 0
F x x C
v 3 u
v m `4°
'0 n
a c
E cot E
_ N C
W � N
Y o O
M _� N
J C 0 N
4- C)
p r N 0c Q
_ L a)
U m > > cn
u a
p H w 42 (D
J fC D
p a 7 ..0. N N N C o
vl C N
K -� 7 a)
a F C7 o
W O
m F-
a
Impression Signs and Graphics
680 Hale Ave N.#250
Oakdale MN 55128
United States
Phone:(651)328-6601
Fax:(651)328-6608 00 •
eric@impressionsigns.com impression
for Quote:eric@impressionsigns.com
www.impressionsigns.com + SIGNS AND GRAPHICS
EIN#:46-2454941
Quote 3680 - 8'x4' Composite Aluminum Panels Expiration Date : 08/22/2017
Quote for Contact Shipping/Install
City of Lake Elmo Emily Becker
3800 Laverne Avenue North Phone:(651)747-3912
Lake Elmo MN 55042 Email :ebecker@lakeelmo.org
Address:3800 Laverne Avenue North
Lake Elmo MN 55042
Quote# Quote Date Sales Rep Payment Terms PO PO Date
3680 06/23/2017 Eric Gustafson Cash Customer
eric@impressionsigns.com
(612)401-4450
Items
# Item Qty Unit Price Total(Ex. Tax Total (With
Tax) Tax)
1 Digital Print on Max Metal Single Sided 1 $400.00 $400.00 $0.00 $400.00
Single Sided Composite Aluminum Panel, 3M Full Color
Digital Print Vinyl Graphics with Premium 3M UV Gloss
Overlaminate.
Note-assumes client provided design-but we also offer
design services at$90/hour.
Discounts apply if multiples ordered at one time.
2 Digital Print on Max Metal Single Sided 1 $730.00 $730.00 $0.00 $730.00
Single Sided Composite Aluminum Panel,3M Full Color
Digital Print Vinyl Graphics with Premium 3M UV Gloss
Overlaminate.
Note-assumes client provided design-but we also offer
design services at$90/hour.
Please circle the option above that you want and sign below
for City of Lake Elmo
Signature Date
Emailed 06/23/2017 03:12 CDT by EG Page 1 of 2