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Home My WebLink AboutXXX - 07-05-17 CCMPNOTICE OF MEETING City Council Meeting Wednesday, July 5, 2017 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North AGENDA A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1.May 16, 2017, June 20, 2017 D. Public Comments/Inquires E. Presentations F. Consent Agenda 2.Approve Payment of Disbursements and Payroll 3.Old Village Ph3 Street & Utility Improvements – Approve Change Order No. 1 4.Royal Golf Zoning Map Amendment – Rezoning Property from PF – Public and Quasi-Public Open Space to Golf Course Community 5.Tax Abatement Payment for Valley Cartage G. Regular Agenda 6.Lake Elmo Jaycees Special Event Permit for Huff n Puff Days 7.Donation from Lake Elmo Jaycees-Resolution No 2017-074 8.Southwind Easement Vacation – Resolution 2017-069 9.Southwind Final Plat – Resolution 2017-070 10.Southwind Developer Agreement – Resolution 2017-072 11.Hidden Meadows 2nd Addition Final Plat – Resolution 2017-073 12.Lions Park Advertising Policy-Resolution No 2017-071 H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES MAY 16, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Wensman, Finance Director Swanson, Public Works Director Weldon and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Fliflet, seconded by Councilmember Bloyer, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the May 2, 2017 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Susan Dunn, 11018 Upper 33rd St. N., commented on public improvement projects currently under construction. PRESENTATIONS None CONSENT AGENDA 1. Approve Payment of Disbursements 2. Accept April 2017 Assessor’s Report 3. Accept April 2017 Building Department Report 4. Accept April 2017 Fire Department Report 5. Accept April 2017 Public Works Department Report 6. 2017 Crack Seal Project – Approve Pay Request No. 1 (final) 7. 2017 Seal Coat Project – Approve West Lakeland Township Joint Services Agreement 8. 2017 Seal Coat Project – Accept Bids and Award Contract 9. Approve Private Development Security Reductions: Village Preserve 2nd Addition Grading Security 10. Approve Resolution Supporting the Rowing Regatta on Lake Elmo 11. CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Resolution Establishing a No On- street parking Zone along West Side of CSAH 13, from 44th Street North to 50th Street North LAKE ELMO CITY COUNCIL MINUTES May 16, 2017 Page 2 of 6 Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 13: VMX Rezoning (Zoning Map Amendment) Planning Director Wensman explained the process used to identify parcels in the Old Village that were zoned incorrectly. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-176 APPROVING A ZONING MAP AMENDMENT REZONING SELECT PARCELS TO VMX-VILLAGE MIXED USE. Motion passed 3 – 0 – 2. (Fliflet, Lundgren – present/not voting) ITEM 14: L-VDR/VMX Zoning Text Amendment Planning Director Wensman reviewed a summary of the Ordinance amendment and highlighted requirements of the district. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-175, APPROVING AN AMENDMENT TO ARTICLE XIII: VILLAGE MIXED USE DISTRICTS, CREATING A VILLAGE LOW DENSITY RESIDENTIAL ZONING DISTRICT AND AMENDING THE STANDARDS FOR THE VILLAGE MIXED USE ZONING DISTRICT. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO CHANGE SETBACKS TO 50 FEET. Motion passed 3 – 2. (Pearson, Nelson – nay) Primary motion passed 5 – 0 as amended. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT 2017-041 APPROVING SUMMARY PUBLICATION OF ORDINANCE 08-175. Motion passed 5 – 0. ITEM 15: 2017A Bond Issuance Authorization Tammy Omdahl, Northland Securities, reviewed the purpose and repayment of the bonds, bond rating, bid history and recommendation for approval. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-046 AUTHORIZING THE ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $9,355,000 GENERAL OBLIGATION BONDS, SERIES 2017A. Motion passed 5 – 0. ITEM 16: Library Services in Lake Elmo and Library Tax Levy Administrator Handt outlined points and terms of a resolution passed by the Lake Elmo Library Board at its May 15, 2017 meeting. LAKE ELMO CITY COUNCIL MINUTES May 16, 2017 Page 3 of 6 Phil Drier, 11040 12th Street N., stated it would be more cost effective to close the local library and use the county system. Paul Pallmeyer, 8989 Lake Jane Trail, encouraged support of the resolution to re-join the county system. Barbara Miller, 9240 55th Street North, spoke in favor of re-joining the Washington County library system. Susan Dunn, 11018 Upper 33rd St. N., reminded the Council that the County closed the Lake Elmo branch in the past. Councilmember Fliflet, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-049A REGARDING LIBRARY SERVICES IN THE CITY OF LAKE ELMO. Motion passed 5 – 0. ITEM 17: Wildflower PUD Amendment Planning Director Wensman presented nine amendments proposed by Mr. Engstrom, reviewing each individually. Mr. Engstrom provided additional detail on the requested amendments. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO DIRECTSTAFF TO NEGOTIATE WITH MR. ENGSTROM FOR RESOLUTION TO ISSUES AND THE HOMEOWNERS ASSOCIATION TAKING RESPONSIBILITY FOR SNOW PLOWING IN THE ALLEYWAYS. Motion passed 3 – 2. (Fliflet, Lundgren – nay) ITEM 18: Lions Park Administrator Handt reviewed proposed plans for improvements to Lions Park and presented options. Susan Kane, 4372 Little Bluestem, spoke on behalf of Valley Friendship Club regarding their use of the Arts Center. Barry Weeks, 3647 Lake Elmo Ave. N., stated that the City should invest in Lions Park improvements. Kathy Weeks, 3647 Lake Emo Ave. N., requested that the Council spend as much as is reasonable as an investment in Lions Park. Dave Moore, 8680 Stillwater Boulevard, stated that there should be an overall plan for improving the park. Scott Zurn, 461 Harvest Green, Stillwater, spoke about safety concerns due to the playing surface, lighting and standing water. Aaron Runk, 9497 Lake Jane Rd., Lake Elmo Baseball Coach, stated that safety improvements need to be made immediately to the infield and outfield. LAKE ELMO CITY COUNCIL MINUTES May 16, 2017 Page 4 of 6 Dave Faint, 3617 Laverne Ave. N., stated that the ice rink needs to be moved and asked to keep the first base line on the 45th parallel. Discussion was held concerning various elements of the proposed improvements. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO DIRECT STAFF TO ADVERTISE FOR BIDS FOR PHASE 1 AND 2 IMPROVEMENTS IN THE P104 PLAN. Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO CALL THE QUESTION. Motion failed 2 – 3. (Pearson, Bloyer, Nelson – nay) Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO REMOVE THE 45TH PARALLEL REALIGNMENT. Motion passed 3 – 2. (Bloyer, Nelson – nay) Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO REMOVE DEMOLITION OF THE ARTS HOUSE. Motion passed 3 – 2. (Pearson, Nelson – nay) Primary motion failed as amended 2 – 3. (Pearson, Bloyer, Nelson – nay) Councilmember Bloyer, seconded by Mayor Pearson, moved TO DIRECT STAFF TO ADVERTISE FOR BIDS FOR PHASE 1 AND 2 IMPROVEMENTS IN THE P104 PLAN, STRIKING “DEMO EXISTING CONCESSIONS” AND STRIKING THE RECONSTRUCTION OF THE CONCESSIONS IN PHASE 2. Councilmember Fliflet, seconded by Councilmember Lundgren, MOVED TO AMEND THE PRIMARY MOTION TO REMOVE DEMOLITION OF THE ARTS HOUSE. Motion failed 2 – 3. (Pearson, Bloyer, Nelson – nay) Primary motion passed 3 – 2. (Fliflet, Lundgren – nay) Councilmember Fliflet stated she does not support removing the arts building and displacing the Valley Friendship Club. Councilmember Lundgren left the meeting at approximately 10:40 p.m. ITEM 19: Old Village Phase 3 Street & Utility Improvements City Engineer Griffin reviewed bids, total estimated project costs and payment of improvements. Key issues were reviewed including petition, grinder stations, trail and sidewalk. Councilmember Fliflet, seconded by Councilmember Nelson, moved TO APPROVE RESOLUTION 2017-051, ACCEPTING BIDS AND AWARDING A CONTRACT TO DOUGLAS-KERR UNDERGROUND, LLC, IN THE AMOUNT OF $1,576,039.15 FOR THE OLD VILLAGE PHASE 3 STREET, DRAINAGE AND UTILITY IMPROVEMENTS AND AUTHORIZE THE CITY ADMINISTRATOR TO PURCHASE INDIVIDUAL GRINDER LAKE ELMO CITY COUNCIL MINUTES May 16, 2017 Page 5 of 6 STATIONS FROM A SUPPLIER IN THE NOT-TO-EXCEED AMOUNT OF $39,000 AND ENTER INTO A MATERIAL TESTING CONTRACT IN THE NOT-TO-EXCEED AMOUNT OF $30,000. Motion passed 4 – 0. ITEM 20: 2017 Street Improvements – Accept Bids and Award Contract City Engineer Griffin reviewed bids, total estimated project costs and the project schedule. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE RESOLUTION 2017-052, ACCEPTING BIDS AND AWARDING A CONTRACT TO HARDIVES, INC. IN THE AMOUNT OF $1,038,206.14 FOR THE 2017 STREET IMPROVEMENTS; AND TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO A MATERIAL TESTING CONTRACT IN THE NOT-TO-EXCEED AMOUNT OF $30,000 AND TO APPROVE A SUPPLEMENTAL TASK ORDER WITH TKDA TO PROVIDE CONSTRUCTION OBSERVATION SERVICES IN AN AMOUNT NOT TO EXCEED $43,000. Motion passed 4 – 0. ITEM 21: CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Concurrence to Award Contract and Approve Cooperative Agreement No. 10094 with Washington County for Design and Construction Costs City Engineer Griffin reviewed the request for concurrence to award the contract and approve a Cooperative Agreement with Washington County. Griffin noted that favorable bids were received and updated cost estimates for the project. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE RESOLUTION 2017-053 CONCURRING WITH WASHINGTON COUNTY TO AWARD CONSTRUCTION CONTRACT AND APPROVING COOPERATIVE AGREEMENT 10904 WITH WASHINGTON COUNTY FOR THE DESIGN AND CONSTRUCTION FOR THE CSAH 13 (IDEAL AVENUE/OLSON LAKE TRAIL) STREET, DRAINAGE, TRAIL AND SANITARY SEWER IMPROVEMENTS. Motion passed 4 – 0. ITEM 22: Specifications for a New Rescue Engine Chief Malmquist requested direction from the Council to begin the process of obtaining specs for a new rescue engine, noting that it’s a lengthy process. Public Safety Committee support for the request was discussed. Dave Moore, 8680 Stillwater Blvd., stated that the Fire Department is trying to catch up for a period of time when aging equipment was not replaced. Lisa McGinn, 8756 Upper 7th Pl. N., introduced herself as a new member of the Public Safety Committee and explained that the fire department can do more with better equipment. Mayor Pearson, seconded by Councilmember Nelson, moved TO DIRECT STAFF TO PREPARE SPECIFICATIONS FOR A NEW RESCUE ENGINE. Motion passed 4 – 0. LAKE ELMO CITY COUNCIL MINUTES May 16, 2017 Page 6 of 6 COUNCIL REPORTS No reports STAFF REPORTS AND ANNOUNCEMENTS No reports Meeting adjourned at 11:15 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Clerk Johnson, City Attorney Sonsalla, Finance Director Swanson, City Engineer Griffin, Planning Director Wensman, City Planner Becker, Fire Chief Malmquist and Sergeant Osterman. APPROVAL OF AGENDA Item 8, “Approve 2017 Staff Wage Increases” and Item 9, “Approve Integrated Pest Management Plan” were moved to the end of the Regular Agenda. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the June 6, 2017 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Pat Dean, 8028 Hill Trail N., commented on his June 5, 2017 memo the Council requesting consideration of City zoning related to Air BNB. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept May 2017 Assessor’s Report 4. Accept May 2017 Building Department Report 5. Accept May 2017 Fire Department Report 6. Accept May 2017 Public Works Department Report 7. Approve Public Works Hires 10. Inwood Water Tower (No. 4) – Approve Pay Request No. 10 11. I-94 Lift Station and Sanitary Sewer Improvements – Approve Change Order No. 1 12. Approve Hazardous Building Resolution LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 2 of 7 13. Approve Ordinance 08-177 Amending the City’s Provisions Related to the Keeping of Chickens Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS AMENDED. Motion passed 5 - 0. ITEM 14: Planning Commission Appointment City Administrator Handt noted that Tucker Pearce has withdrawn his name from consideration. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPOINT STUART JOHNSON THE PLANNING COMMISSION AS A SECOND ALTERNATE. Motion passed 5 – 0. ITEM 15: Summer Sewer Rates Finance Director Swanson presented a request for approval of an Ordinance amending the fee schedule to establish a base sewer charge for residential customers who are not on the 201 system. Swanson reviewed the current billing structure and proposed billing structure, comparing both to rates at surrounding communities. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO ADOPT ORDINANCE 08-179 AMENDING THE 2017 FEE SCHEDULE. Motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO ADOPT RESOLUTION 2017-064 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-179. Motion passed 5 – 0. ITEM 16: 9359 Jane Road N., Shoreland Variance City Planner Becker presented the request for a variance to allow expansion of a non-conforming structure. Becker reviewed the site plan, details of the variance request and DNR recommendations. Recommended findings were discussed. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-062, APPROVING REQUESTS FOR SHORELAND VARIANCES FROM THE MINIMUM STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER LEVEL MAXIMUM IMPERVIOUS SURFACE STANDARDS, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF AND THE PLANNING COMMISSION, STRIKING CONDITIONS 2 AND 3 ON PAGE 3 OF THE RESOLUTION. Motion failed 2 – 3. (Pearson, Fliflet, Lundgren – nay) Councilmembers Fliflet and Lundgren stated they would not support the motion with the rain garden and septic drainfield conditions stricken. Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-062, APPROVING REQUESTS FOR SHORELAND VARIANCES FROM THE LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 3 of 7 MINIMUM STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER LEVEL MAXIMUM IMPERVIOUS SURFACE STANDARDS, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF AND THE PLANNING COMMISSION, STRIKING CONDITION 3 ON PAGE 3 OF THE RESOLUTION. Motion passed 3 – 2. (Bloyer, Nelson – nay) ITEM 17: Lakewood Crossing 2nd Addition Preliminary and Final Plat and PUD Plans City Planner Becker presented the proposal for Lakewood Crossing 2nd Addition preliminary and final plat and PUD plans. The site and proposed improvements were reviewed along with the proposed PUD flexibilities. Discussion was held concerning fencing in outdoor dining areas and extension of city sewer lines to the adjacent undeveloped property. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-063 APPROVING THE LAKEWOOD CROSSING 2ND ADDITION PRELIMINARY AND FINAL PLAT AND PUD PLANS WITH THE 23 CONDITIONS OF APPROVAL AS DRAFTED BY STAFF AND THE PLANNING COMMISSION BASED ON THE FINDINGS OF FACT LISTED IN THE STAFF REPORT. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO STRIKE “THE LANDSCAPE PLAN SHALL INCLUDE ADDITONAL LANDSCAPING ALONG KEATS AVE. N. TO WB I-94 RAMP” FROM CONDITION #9. Motion passed 3 – 1 – 1. (Fliflet – nay; Lundgren – present/not voting) Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ALLOW NON AMBULATORY MEDICAL CARE FACILITIES IN CONDITION 21. Motion passed 4 – 1. (Fliflet – nay) Mayor Pearson, seconded by Councilmember Nelson, MOVED TO AMEND THE PRIMARY MOTION TO REVISE CONDITION 23 TO STATE “FENCING SHALL BE PROVIDED ENCLOSING ALL OUTDOOR DINING AREAS ADJACENT TO DRIVING LANES. Motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO STRIKE CONDITION #12 REGARDING THE EXTENSION OF SEWER AND WATER. Motion withdrawn. Primary motion passed 4 – 1. (Fliflet – nay) Councilmember Fliflet stated she would prefer a different look for the development versus a typical strip mall look. ITEM 18: Fence Ordinance City Planner Becker presented the background and Planning Commission recommendations regarding solid wall fences. LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 4 of 7 Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-178, AMENDING SECTION 154.205: FENCING REGULATIONS OF THE CITY’S ZONING CODE. Motion passed 4 – 1. (Fliflet – nay) Councilmember Fliflet stated she did not support the motion as the change is not aesthetically pleasing. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-064 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-178. Motion passed 5 – 0. ITEM 19: Inwood 5th Addition Development Agreement Amendment City Administrator Handt noted that the proposed amendment removes the items directed by Council at the previous meeting. Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2017-067 APPROVING THE 1ST AMENDMENT TO THE DEVELOPERS AGREEMENT FOR INWOOD 5TH ADDITION PLANNED UNIT DEVELOPMENT. Motion passed 3 – 2. (Fliflet, Lundgren – nay) Councilmember Fliflet stated she would not support the motion due to the removal of the requirement for a trail on 10th Street. ITEM 20: Janero Avenue North Street Improvement City Engineer Griffin presented a petition received from homeowners on Janero Avenue North requesting street improvements and the transfer of the street from private to public. Griffin reviewed current conditions and proposed improvements and requested direction from the Council. Discussion was held and consensus reached that the City would take over ownership of the road if the property owners bring the road up to current City standards. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO ACCEPT THE PETITON. Motion passed 5 – 0. ITEM 21: Assistant City Administrator Administrator Handt reviewed the proposal for the additional of a staff member in the Administration Department and proposed job duties. Job descriptions for the Clerk and Deputy Clerk were also reviewed. Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE THE ASSISTANT ADMINISTRATOR, CLERK AND DEPUTY CLERK JOB DESCRIPTIONS AND AUTHORIZE ADVERTISING FOR AN ASSISTANT ADMINISTRATOR. Motion passed 4 – 1. (Fliflet - nay) LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 5 of 7 ITEM 22: Remaining Parks 2017 CIP Items – 50th Street Trail and Pebble Park Administrator Handt reviewed Parks Commission recommendations for items to not be completed this year. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO SUPPORT THE PARKS COMMISSION RECOMMENDATION TO NOT COMPLETE PEBBLE PARK IMPROVMENTS IN 2017. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ADD THE REMOVAL OF THE 50TH STREET TRAIL FROM COMPLETION IN 2017. Motion passed 3 – 2. (Fliflet, Lundgren - nay) Primary motion passed 3 – 2. (Fliflet, Lundgren – nay) Councilmember Fliflet expressed concern for safety on 50th Street. ITEM 23: Paperless Council Packet Policy Administrator Handt presented a proposal for transitioning to paperless Council meeting packets and a reimbursement policy for Councilmembers to purchase electronic devices to use for viewing meeting packets. Mayor Pearson, seconded by Councilmember Fliflet, moved TO ADOPT RESOLUTION 2017-065 APPROVING PAPERLESS PACKETS FOR COUNCIL MEETINGS AND REIMBURSEMENT TO THE MAYOR AND COUNCIL MEMBERS FOR THE PURCHASE OF COMPUTER AND COMPUTER RELATED EQUIPMENT. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO STRIKE THE $1,000 PER TERM REIMBURSEMENT. Motion failed 1 – 4. (Pearson, Fliflet, Lundgren, Nelson – nay) Primary motion passed 2 – 3. (Bloyer, Fliflet, Lundgren – nay) ITEM 8: Approve 2017 Staff Wage Increases Councilmembers requested clarification on the Fire Chief’s pay increase. Discussion held concerning the methodology for wage increases. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE 2017 STAFF WAGE INCREASES AS PRESENTED. Motion passed 5 – 0. Reconsideration of ITEM 23: Paperless Council Packet Policy Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-065 WITH REIMBURSEMENT OF UP TO $1,000 FOR ALL TERMS IN OFFICE. Motion passed 3 – 2. (Fliflet, Lundgren – nay) LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 6 of 7 ITEM 9: Approve Integrated Pest Management Plan Discussion was held concerning the proposed plan. Planning Director Wensman stated that the purpose of the policy is to protect pollinators and developers are asking for clarification of the City’s current policy. Councilmembers indicated they would like to discuss the policy further at a future meeting or workshop. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE CITY OF LAKE ELMO INTEGRATED PEST MANAGEMENT PLAN. Motion passed 5 – 0. COUNCIL REPORTS Mayor Pearson: Announced that the Washington County Commissioners voted unanimously to accept the Lake Elmo Library back into the county system and thanked those involved. Announced that the 4th of July kids parade will be held as in past years. Met with Lake Elmo Avenue residents regarding construction and traffic concerns. Met with Lake Elmo Baseball. Thanked resident Al Bever for his service on the Public Safety Committee. Councilmember Nelson: Attended Friends of Sunfish Lake Park meeting and the LMC Annual Conference. Councilmember Lundgren: No report Councilmember Bloyer: Commented on an incident that occurred on Lake Jane and commended first responders and a resident for saving two lives. Councilmember Fliflet: No report STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Reminded residents of the Ice Cream Social at Lions Park on Saturday, June 24th. City Clerk Johnson: No report City Attorney Sonsalla: Attended and spoke at the LMC Conference. Planning Director Wensman: Announced Inwood 5th Addition construction has started and several other developments will follow soon. Announced Royal Golf Club grading and tree removal has started. Commented on MAC citizen engagement process. City Engineer Griffin: Working on construction activity and plan review. Announced a public open house on June 27th, 4:00 – 7:00 p.m. for immediate neighbors in the Old Village next phase area. Sergeant Osterman: Encouraged drivers to obey signs in construction areas and noted there has been increased enforcement activity. Meeting adjourned at 11:10 pm. LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 7 of 7 LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 5, 2017 CONSENT ITEM#: 2 TO: Mayor and City Council FROM: Brian Swanson, Finance Director AGENDA ITEM: Approve Disbursements in the amount of $845,188.39 REVIEWED BY: Kristina Handt, City Administrator BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. FISCAL IMPACT: $845,188.39 Claim # Amount Description ACH $ 13,180.01 Payroll Taxes to IRS & MN Dept. of Revenue 06/22/17 ACH $ 7,265.71 Payroll Retirement to PERA 06/22/17 ACH $ 1,000.00 Payroll Retirement to MDCP 06/22/17 n/a $ 0.00 Payroll Checks (none) Direct Deposits $ 35,949.81 Payroll Deposits 06/22/17 46096-46147 $ 778,168.18 Accounts Payable 07/05/17 2836-2846 $ 9,624.68 Accounts Payable 07/05/17 (Library Checks) TOTAL $ 845,188.39 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: “Motion to approve the aforementioned disbursements in the amount of $845,188.39.” ATTACHMENTS: 1. Accounts Payable – check register STAFF REPORT DATE: July 5, 2017 CONSENT ITEM #: 3 AGENDA ITEM: Old Village Phase 3 Street, Drainage, and Utility Improvements - Change Order No. 1 SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 1 for the Old Village Phase 3 Street, Drainage, and Utility Improvements? BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract to complete the Old Village Phase 3 Street, Drainage, and Utility Improvements on May 16, 2017. The project is in construction with an anticipated substantial completion date of October 27, 2017. PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC has submitted a change order to address two design changes requested by the City as follows: 1. Remove the storm sewer piping and a stormwater treatment basin from the City Hall property. The stormwater treatment basin is no longer required after the City obtained a variance to the Valley Branch Watershed District rules. The variance was obtained after bids for the project were received. 2. The sanitary sewer main and service pipe was redesigned for the properties located at 11200 and 11240 Stillwater Boulevard to accommodate easement constraints and address separation requirements from existing water service lines. An 8-inch sewer main (in lieu 3 6-inch sewer services) was extended across the property of 11200 Stillwater Blvd using watermain pressure grade pipe. Separation from drinking water facilities caused a watermain grade pipe material to be necessary which was not included in the original bid. FISCAL IMPACT: This change order will decrease the contract in the amount of $16,586.70 bringing the revised construction contract to $1,559,452.45. With this change order the project remains within the authorized project budget and contingencies. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 1 for the Old Village Phase 3 Street, Drainage, and Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 1 for the Old Village Phase 3 Street, Drainage, and Utility Improvements, thereby decreasing the contract amount by $16,586.70”. ATTACHMENTS: 1. Change Order No. 1. STAFF REPORT DATE: July 5 , 2017 CONSENT ITEM #: 4 MOTION TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Royal Golf Zoning Map Amendment – Rezoning Property from PF – Public and Quasi-Public Open Space to Golf Course Community REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: A public hearing was held to rezone PID#s that make up the area formerly known as Tartan Park and now known as Royal Golf Club (PID#s 25.029.21.12.0001, 25.029.21.14.0001, 25.029.21.21.0001, 25.029.21.31.0001, 25.029.21.42.0001, 25.029.21.43.0001, 25.029.21.43.0002 and 25.029.21.44.0001) from PF – Public and Quasi-Public Open Space to the Golf Course Community zoning district on March 13, 2017. The ordinance approving Zoning Map Amendment was never adopted by Council, however. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Ord. 08-179 which approves a Zoning Map Amendment to rezoned the aforementioned PID#s from PF – Public and Quasi-Public Open Space to the Golf Course Community Zoning District. REVIEW/ANALYSIS: History: • January 17, 2017: Comprehensive Plan Amendment approved to re-guide PID#s from Public Facilities to Golf Course Community land use designation (Resolution 2017-008). • March 13, 2017: Zoning Map Amendment and Preliminary Plat and Planned Unit Development (PUD) Plans reviewed by Planning Commission and public hearing held. • May 24, 2017: Metropolitan Council approval of Comprehensive Plan Amendment to re- guide PID#s from Public Facilities to Golf Course Community land use designation. • June 6, 2017: Approval of Royal Golf Preliminary Plat and PUD Plans. The Royal Golf Preliminary Plat and PUD Staff report for the June 6, 2017 Council meeting mentioned the rezoning, but an ordinance was not formally adopted approving the rezoning. The Council is being asked to approve this ordinance. City Council – Staff Report Consent Item #4 Meeting date: 7/5/2017 Page 2 FISCAL IMPACT: None. OPTIONS: The City Council is being asked to adopt as part of tonight’s Consent Agenda Ord. 08-: 1) Adopt Ord. 08-179 as presented. 2) Amend Ord. 08-179 and adopt as amended. 3) Do not adopt Ord. 08-179 RECOMMENDATION: Staff recommends the City Council adopt Ord. 08- approving a Zoning Map Amendment that rezones PID#s 25.029.21.12.0001, 25.029.21.14.0001, 25.029.21.21.0001, 25.029.21.31.0001, 25.029.21.42.0001, 25.029.21.43.0001, 25.029.21.43.0002 and 25.029.21.44.0001 from PF – Public and Quasi-Public Open Space to the Golf Course Community zoning district as part of tonight’s consent agenda. If removed from the Consent Agenda, Staff recommends the following motion: “Move to adopt Ord. 08-179 approving a Zoning Map Amendment that rezones PID#s 25.029.21.12.0001, 25.029.21.14.0001, 25.029.21.21.0001, 25.029.21.31.0001, 25.029.21.42.0001, 25.029.21.43.0001, 25.029.21.43.0002 and 25.029.21.44.0001 from PF – Public and Quasi-Public Open Space to the Golf Course Community zoning district .” ATTACHMENTS: • Zoning Map Exhibit • Ord. 08-179 City Council – Staff Report Consent Item #4 Meeting date: 7/5/2017 Page 2 Current Zoning Proposed Zoning 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-179 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO SECTION 1. The City Council of the City of Lake Elmo hereby ordains the following properties to be rezoned from PF – Public and Quasi-Public Open Space to GCC – Golf Course Community: PIDs: 25.029.21.12.0001 25.029.21.14.0001 25.029.21.21.0001 25.029.21.31.0001 25.029.21.43.0002 25.029.21.44.0001 25.029.21.43.0001 25.029.21.42.0001 SECTION 2. The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official Zoning Map of the City of Lake Elmo. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-179 was adopted on this 5th day of July, 2017, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-179 was published on the ____ day of ___________________, 2017. STAFF REPORT DATE: July 5, 2017 CONSENT ITEM #: 5 AGENDA ITEM: Approval for Tax Abatement Payment for Valley Cartage TO: Mayor and City Council SUBMITTED BY: Amy La Belle, Accountant BACKGROUND: In the winter of 2012 the City of Lake Elmo was approached by a company from Wisconsin with interest in purchasing a corporate office building at 8665 Hudson Boulevard for the purpose of establishing a headquarters and creating 50 new jobs. They requested a limited property tax abatement for the years 2014-2017. This property was not in a TIF district so those incentives were not available. City staff took the lead on the project and put together an economic development package that included limited property tax abatements, a sizable forgivable loan ($500k), job training funds and energy credits to bring new, good paying jobs to the region. The result of this public-private partnership resulted in the building being purchased and all of the stipulations of the partnership as well as the state funding requirements being met or exceeded. ISSUE BEFORE COUNCIL: Should the Council approve the Tax Abatement Payment for Valley Cartage? PROPOSAL DETAILS/ANALYSIS: On April 26, 2013, the City Council approved a limited property tax abatement for the 8665 Hudson Boulevard Property (Parcel ID #33.029.21.44.0037) for the tax years 2014, 2015, 2016 and 2017. On or before July 30th of each year, the tax abatement for 8665 Hudson Boulevard needs to be remitted to the owner. Staff is seeking City Council approval to issue a property tax refund to Norman James, LLC, in the amount of $3,599.15. FISCAL IMPACT: $3,599.15 OPTIONS: 1) Approve the payment 2) Do not approve the payment RECOMMENDATION: Motion to approve a payment to Norman James, LLC, in the amount of $3,599.15 which represents the property tax abatement due for 2017. ATTACHMENTS: Washington County worksheet on Lake Elmo component of the 2017 property tax abatement PID:33.029.21.44.0037 TAG 3701 Duration:4 years Pay 2014-Pay 2017 (Pay 2018 will be considered if requested by owner) Terms:Market Value in year of abatement must be greater than Pay 2012 Market Value of 2,125,000 Total tax in year of abatement must be greater than Pay 2012 total tax of $70,256. Maximum of $10,000 per year/$40,000 total Payment to be made on or before July 30 of each year. Tax Year Total Tax Taxable Market Value Class Rate Total Tax Capacity FD% FD Tax Capacity Local Tax Capacity Current City Rate City NTC Tax Change in City Tax Amount of Abatement ($10000 max) Pay 2014:Base Year 150,000 1.50% 2,250 1,975,000 2.00% 39,500 Y First half 2014 taxes paid? $70,256 2,125,000 41,750 40.1589% 16,766 24,984 27.761% $6,935.74 Y No delinquent taxes? Current Year 150,000 1.50% 2,250 1,975,000 2.00% 39,500 $77,675 2,125,000 41,750 40.1589% 16,766 24,984 27.761% $6,935.74 $0.00 $0.00 **No Value Increase over 2012** Pay 2015:Base Year 150,000 1.50% 2,250 1,975,000 2.00% 39,500 Y First half 2015 taxes paid? $70,256 2,125,000 41,750 34.3461% 14,339 27,411 23.798% $6,523.19 Y No delinquent taxes? Current Year 150,000 1.50% 2,250 3,136,300 2.00% 62,726 $113,299 3,286,300 64,976 34.3461% 22,317 42,659 23.798% $10,151.87 $3,628.68 $3,628.68 payable July 30,2015 Pay 2016:Base Year 150,000 1.50% 2,250 1,975,000 2.00% 39,500 Y First half 2016 taxes paid? $70,256 2,125,000 41,750 37.1277% 15,501 26,249 23.121% $6,069.00 Y No delinquent taxes? Current Year 150,000 1.50% 2,250 3,136,300 2.00% 62,726 $110,005 3,286,300 64,976 37.1277% 24,124 40,852 23.121% $9,445.34 $3,376.34 $3,376.34 payable July 30,2016 Pay 2017:Base Year 150,000 1.50% 2,250 1,975,000 2.00% 39,500 Y First half 2017 taxes paid? $70,256 2,125,000 41,750 33.1059% 13,822 27,928 20.018% $5,590.50 Y No delinquent taxes? Current Year 150,000 1.50% 2,250 3,318,900 2.00% 66,378 $112,917 3,468,900 68,628 33.1059% 22,720 45,908 20.018% $9,189.65 $3,599.15 $3,599.15 payable July 30,2017 Grand Total: $10,604.17 City of Lake Elmo - Valley Cartage Economic Development Tax Abatement City Resolution 2013-27 Item Tax Payment Status Y / N (not part of city agreement) 6/9/2017 Washington County Department of Property Records and Taxpayer Services STAFF REPORT DATE: July 5, 2017 REGULAR ITEM #: 6 MOTION TO: Mayor and City Council FROM: Julie Johnson, City Clerk AGENDA ITEM: Lake Elmo Jaycees Special Event Permit & Temporary Liquor License for Huff n’ Puff Days REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: Lake Elmo Jaycees will hold their annual Huff n’ Puff Days event August 10 through 13, 2017 and have requested an on-sale temporary special event liquor license to allow for the safe sale of alcoholic beverages at the event. They are also requesting a special event permit. City Council is respectfully requested to consider approval of a temporary on-sale liquor license issued to the Lake Elmo Jaycees for their annual Huff n’ Puff Days event held August 10 through 13, 2017, subject to approval of the Director of Alcohol and Gambling Enforcement. In addition, the City Council is requested to waive the $25 liquor license fee, the fee for the Lion’s Park ball field lighting and the special event permit fee of $75 ISSUE BEFORE COUNCIL: Should the Council approve the special event permit, liquor license and waive the fees for the liquor license, special event permit and ball field lighting? Should the Council place conditions on the approval requiring sheriff’s deputies for the event? If so, should the City contribute to the cost of the deputies? PROPOSAL DETAILS/ANALYSIS: The City Council approves special event permits under City Code Section 110.70. The code establishes standards for special events in the following areas: maximum number of people, sound equipment, sanitary facilities, security, food service, fire protection, duration of special event, and a cleanup plan. Prior to the issuance of a permit, the City Council, may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons, attendant or of the citizens of the City of Lake Elmo including, but not limited to, restrictions on parking and vehicle access, lighting, litter and noise. With respect to security and safety procedures, the Jaycees are proposing to have people patrol the event and monitor the park continually for infractions. There is no live band included in the event this year. Alcohol sales are proposed for the same hours as past years: Thursday 5:30 p.m. – 10:30 p.m., Friday 5:30 p.m. – 12:00 a.m., Saturday 8:00 a.m. – 12:00 a.m., and Sunday 10:00 a.m. – 8:00 p.m. Washington County Sheriff’s Department is proposing two deputies on Thursday 6:30 p.m. – 10:30 p.m.; Friday and Saturday 6:00 p.m. – 12:00 a.m.; and Sunday from 4:00 p.m. – 8:00 p.m. Staff would support this recommendation. The cost is $45/hour per deputy with a four hour minimum, for a total of $1,800. If required to have the deputies as outlined above, the Jaycees are looking for City to make a contribution toward the cost of the deputies. Clean up would be completed by volunteers including trash pickup surrounding the area after the event. FISCAL IMPACT: The cost of the deputies at the event will be about $1,800. The Council may participate in that cost at whatever level they deem appropriate. There was nothing in the City’s budget for this event. However, the City will receive a donation of $11,400 from the Jaycees this year. Staff is proposing a contribution from the City toward the cost of deputies in the amount of $1,400. OPTIONS: 1) Approve the special event permit for Huff n Puff Days 2017 with the following conditions: • The event shall be held as described in the application received on June 15, 2017. • Waive of the special event permit fee, liquor license fee and ball field lighting fee • Deputies will be onsite as recommended by the Washington County Sheriff’s Office 2) Approve the special event permit for Huff n Puff Days 2017 with different conditions 3) Do not approve the special event permit for Huff n Puff Days RECOMMENDATION: “Motion to approve a special event permit and temporary on-sale liquor license issued to the Lake Elmo Jaycees for their Huff n’ Puff Days event held August 10 through 13, 2017, subject to approval of the Director of MN Alcohol and Gambling Enforcement Division, and waive the liquor license fee, special event permit fee and the fee for Lion’s Park ball field lighting.” ATTACHMENTS: -Special Event Permit Application -Liquor License Application -Certificate of Liability Insurance Minnesota Department of Public Safety Alcohol and Gambling Enforcement 445 Minnesota Street, Suite 222 St. Paul, MN 55101 651-201-7500 TEMPORARY 1 TO 4 DAY ON SALE SUNDAY LIQUOR LICENSE Identification Number: 65280 Licensee Name: Lake Elmo Jaycees Address: PO Box 198 City, State, Zip: Lake Elmo, MN 55042 Event Location: Lions Park Event Dates: From 8/10/2017 To 8/13/2017 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/13/2017 Insurance By Design, LLC 14041 Burnhaven Drive Suite 100 Burnsville MN 55337 Scott Rupp (952)808-7002 (952)808-7004 scottr@insurancedesign.net JCI Minnesota 1405 N Lilac Drive Suite #125 Golden Valley MN 55422 Scottsdale Insurance Company CL169602455 A X X X $2,500 Deductible X Excl Athletic Part X X ACS0000376 9/22/2016 9/22/2017 1,000,000 100,000 2,500 1,000,000 2,000,000 2,000,000 A Liquor Liability ACS0000376 9/22/2016 9/22/2017 Each Occurrence $1,000,000 Annual Aggregate $1,000,000 Provides evidence of insurance for the Lake Elmo Jaycees as respects the Huff n Puff Days to be held 8/10 - 8/13/2017. The City of Lake Elmo is named Additional Insured under the General Liability per written contract. LuAnn Paulet/LBP City of Lake Elmo Bryan Oliverius 3800 Laverne Ave N Lake Elmo, MN 55042 STAFF REPORT DATE: July 5, 2017 REGULAR ITEM #: 7 AGENDA ITEM: Jaycees Donation TO: Mayor and City Council SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: State statute requires that cities accept donations via resolution. The Lake Elmo Jaycees will be donating to the City of Lake Elmo at this meeting. ISSUE BEFORE COUNCIL: Should Council accept the donation of $11,400 from the Lake Elmo Jaycees? PROPOSAL: The Lake Elmo Jaycees will be presenting a check for $11,400 to the City Council at the meeting. Included in your packet is a resolution for the Council to officially accept the donation. The resolution provides for $1,400 of the donation to be used for off duty police coverage at Huff n Puff Days. FISCAL IMPACT: The 2017 General Fund budget includes $10,000 in donations. The additional $1,400 will be offset then by the contribution to the police coverage. The net result is no change to the 2017 operating budget. OPTIONS: 1) Approve Resolution No 2017-074 2) Amend and then Approve Resolution No 2017-074 3) Don not accept the donation from the Lake Elmo Jaycees RECOMMENDATION: Motion to approve Resolution No 2017-074 ATTACHMENTS: • Resolution No 2017-074 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-074 A RESOLUTION ACCEPTING DONATED FUNDS FROM THE LAKE ELMO JAYCEES WHEREAS, Minnesota Statues Section 465.03 provides that donations to the City be accepted by resolution of the City Council; and WHEREAS, the Lake Elmo Jaycees have proposed contributing $11,400 to the City of Lake Elmo; and WHEREAS, the City Council of the City of Lake Elmo agrees that said contribution would be of benefit to the citizens of Lake Elmo; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo, Minnesota, does hereby acknowledges and agrees to accept said donation of $11,400 from the Lake Elmo Jaycees on behalf of the citizens of Lake Elmo. BE IT FURTHER RESOLVED that the City Council of the City of Lake Elmo designates $1,400 of said donation for off duty police coverage at Huff n Puff Days 2017 with the remaining balance for use in the general fund. APPROVED by the Lake Elmo City Council on this 5th day of July, 2017. By: __________________________ Mike Pearson Mayor ATTEST: ________________________________ Julie Johnson City Clerk STAFF REPORT DATE: 7/5/2017 REGULAR ITEM #: 8 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Southwind Easement Vacation REVIEWED BY: Stephen Wensman, Planning Director SUMMARY AND ACTION REQUESTED: Southwind Builder, Inc. has made a request to the City to vacate a 120 foot wide easement for public roadway and utility purposes in order to develop the property. GENERAL INFORMATION: Applicant: Southwind Builders, Inc., 2372 Leibel St, White Bear Lake, MN 55110 Property Owners: Tammy Diedrich and Gerhard Rieder, 7401 Wyndham Way, Woodbury, MN 55125 Property: PID# 36.029.21.32.0002, Section 36 Township 029, Range 21 REQUEST DETAILS: The applicant has submitted application for Final Plat and so has requested that the 120 foot wide easement for public roadway and utility purposes over the north 474.06 feet of recorded against the property be vacated. This easement was recorded in order to allow the City the right to enter upon the easement area for the purpose of constructing, maintaining, installing and repairing any roadway, equipment, materials or other relating items. The City will accept dedicated right-of-way for 5th Street with the Final Plat. PLANNING COMMISSION REVIEW: The Planning Commission held a public hearing and considered the easement vacation request at its May 8, 2017 public hearing. The Planning Commission recommended approval of the request with an affirmative vote of 7-0. 2 RECOMMENDED CONDITION OF APPROVAL: Based on the above Staff report and analysis, Staff and the Planning Commission recommend the following conditions of approval to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to proceed with the recording of the final plat. The recommended conditions are as follows: 1) Final Plat of the Property over which the easement is subject must be approved by Council and recorded. RECOMMENDATION: Staff and the Planning Commission recommend Council adopt Resolution 2017-069 approving vacation of the easement as recorded by Washington County on November 4, 2013 as Document Number 39701798. Suggested motion: “Move to adopt Resolution 2017-069 approving vacation of the easement as recorded by Washington County on November 4, 2013 as Document Number 39701798.” ATTACHMENTS: 1. Recorded Easement Requested to be Vacated 2. Resolution 2017-069 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2017-069 A RESOLUTION VACATING A PUBLIC ROADWAY AND UTILITY EASEMENT WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council approved a Preliminary Plat formerly known as Lennar Diedrich Townhouses (PID#s 36.029.21.32.0002 and 36.029.21.32.0034) on July 7 , 2015; and WHEREAS, PID# 36.029.21.32.0002 is owned by Tammy Diedrich and Gerhard Rieder, 7401 Wyndham Way, Woodbury, MN 55125 (Owner); and WHEREAS, the City of Lake Elmo was granted a Public Roadway and Utility Easement over a portion of the PID# 36.029.21.32.0002, and this easement was recorded by the Office of the Registrar of Titles of Washington County on November 4, 2013 as Document Number 39701798; and WHEREAS, the City has received an application for Final Plat approval for PID#s 36.029.21.32.0002 and 36.029.21.32.0034; and WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute §412.851 to vacate the Public Roadway and Utility Easement recorded on November 4, 2013 over a portion of PID# 36.029.21.32.0002, legally described as follows: A 120.00 foot wide easement for public roadway and utility purposes lying over, under, and across the following described property: The north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Secion 36, Township 29 North, Range 21 West, Washington County, Minnesota. The centerline of said easement is described as follows: Commencing at the West Quarter corner of Section 36, Township 29 North, Range 21 West, Washington County, Minnesota; thence on an assumed bearing of South 00 degrees 02 minutes 54 seconds West along the west line of the Northwest Quarter of the Southwest Quarter of said Section 36, a distance of 414.09 feet to the point of beginning of said centerline; thence North distance of 176.86 feet a long a tangential curve concave to the southwest having a radius of 667.00 feet and a central angle of 15 degrees 11 minutes 34 seconds; thence South 74 degrees 59 minutes 57 seconds East tangent to said curve, a distance of 50.99 feet; thence southeasterly a distance of 176.87 feet a long a tangential curve concave to the northeast having a radus of 667.00 feet and a central angel of 15 degrees 11 minutes 37 seconds; thence North 89 degrees 48 minutes 26 seconds East tangent to said curve, a distance of 77.17 feet; thence southeasterly a distance of 440.75 feet along a tangential curve concave to the southwest having a radius of 667.00 feet and a central angle of 37 degrees 51 minutes 38 seconds; thence South 52 degrees 19 minutes 56 seconds East tangent to said curve, a distance of 51.70 feet; thence southeasterly a distance of 173.84 feet a long a tangential curve, concave to the northeast, having a radius of 667.00 feet and a central angle of 14 degrees 55 minutes 58 seconds, to the east line of said Northwest Quarter of the Southwest Quarter there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on said east line of the Northwest Quarter of the Southwest Quarter. WHEREAS, the City Clerk reviewed and examined the signatures on said request and determined that such signatures constituted all of the landowners abutting upon the portion of easement to be vacated and rededicated; and WHEREAS, a public hearing to consider the vacation of the Water Main Easement was held on the 8th day of May 2017 before the Planning Commission in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within 350 feet of the Public Roadway and Utility Easement by the City Clerk on the 26th day of April 2017 and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Planning Commission in its discretion has determined that the vacation will benefit the public interest because: 1) The Applicant, upon receiving Final Plat approval, will construct the northern portion of 5th Street along PID#s 36.029.21.32.0002 and 36.029.21.32.0034. WHEREAS, the Council, at its meeting on the 5th day of July 2017, considered the recommendation of the Planning Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for vacation of an existing Public Roadway and Utility Easement is hereby granted in accordance with the property descriptions provided above, subject to the following conditions. 1) Final Plat of the Property over which the easement is subject must be approved by Council and recorded. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 5th day of July 2017. Effective Date:_______________________ Approved: ________________________________ Mike Pearson, Mayor Attested by: ________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: 7/5/2017 REGULAR ITEM #: 9 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Southwind of Lake Elmo Final Plat REVIEWED BY: Stephen Wensman, Planning Director Jack Griffin, City Engineer Washington County Public Works Greg Malmquist, Fire Chief Michael Bent, Building Official SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a Final Plat request from Southwind Builders, Inc. for the development of 46 single-family attached dwellings to be located on site of approximately 15 gross acres north of Hunters Crossing and 5th Street North and east of Lake Elmo Avenue. This will be the first and only phase of this development. GENERAL INFORMATION: Applicant: Southwind Builders, Inc., 2372 Leibel St, White Bear Lake, MN 55110 Property Owners: Tammy Diedrich and Gerhard Rieder, 7401 Wyndham Way, Woodbury, MN 55125 Property: PID# 36.029.21.32.0034, Lot D of Hunters Crossing 1st Addition PID# 36.029.21.32.0002, Section 36 Township 029, Range 21 Request: Application for Final Plat approval of a 46 unit single family attached residential subdivision to be named Southwind of Lake Elmo. Existing Land PID# 36.029.21.32.0034: Vacant land, Medium Density Residential Use/Zoning: PID# 36.029.21.32.0002: Vacant land, Low Density Residential Surrounding North – Manufactured home park/Rural Development Transitional; East – Gruber Land Use/ pallets; South – Hunters Crossing Single Family Detached Dwelling Zoning: Development/Limited Density Residential; West – Agricultural Residential/Rural Development Transitional 2 Comp. Plan: Medium Density Residential (4.5-7 units per acre) History: Comprehensive Plan Land Use Amendment – Re-guided Parcel from High Density to Medium Density - 2013 Sketch Plan Review – February and March of 2015 (formerly known as Lennar Townhomes) Preliminary Plat Approval – July 2015 (formerly known as Diedrich Property Preliminary Plat) Final Plat Deadline Extension – December 2015 and 2016 Planning Commission reviewed Final Plat on June 12, 2017 and recommended approval Deadline Application Complete – 5/26/2017 For Action: 60 Day Deadline – 7/25/2017 Extension Letter Mailed – No 120 Day Deadline – N/A Applicable Chapter 153 – Subdivision Regulations Regulations: Article 10 – Urban Residential Districts (MDR) §150.270 Storm Water, Erosion, and Sediment Control REQUEST DETAILS: Outlots. Outlots A and C will be used for stormwater management and owned by the City, and Outlot B will be used for landscaping. The Homeowners Association will own and maintain Outlot B. Right-of-Way. The Final Plat proposes a total right-of-way area of approximately 4.6792 acres. Proposed minor collector right-of-way (5th Street) is 1.5016 acres, and proposed major collector right-of-way (Lake Elmo Avenue) is 1.0015 acres. Minimum Lot Size and Width. • Minimum Lot Width. The minimum lot width of the approved Preliminary Plat was 40 feet. There are some lots proposed in the Final Plat that are less than 40 feet, but they still exceed the minimum requirement of 25 feet per unit for a single-family attached dwelling in the MDR zoning district. • Minimum Lot Size. The lot sizes are generally consistent with that of the approved Preliminary Plat. Parkland Dedication. No parkland was proposed in the approved Preliminary Plat. The Preliminary Plat Staff Report to the Planning Commission dated 6/22/15 stated that Staff was supportive of there being no parkland dedicated for public use due to the site and general location not being suitable for a park or any specific trail connections. Current Staff can find no documentation that the Preliminary Plat was proposed to the Parks Commission for review and recommendation. The Parks Commission reviewed the Southwind Final Plat at its April 17, 2017 meeting and had indicated they would have liked to see a park, however, the approved Preliminary Plat did not provide actual parkland. The Applicant has provided a purchase agreement indicating the purchase price of the land will be $700,000. The required parkland dedication amount for this zoning district is 10% of the total acreage of the property $70,000, which will be collected with the execution of the Development Agreement. 3 5th Street Plans. The Applicant will finish construction of the north side of 5th Street. 5th Street Plans have been provided. Landscape Plans. The City’s Landscape Architect has conducted a review of the Landscape Plans • There are a number of tree/utility conflicts (Lots 30 and 31 (hydrant), and Lots 28 and 29, tree blocking maintenance bench near Outlot C (the storm pond in the southeast triangle has maintenance access from 5th Street, which will likely impact landscape plans). • A few of the transplanted pines and other trees are encroaching on the drainage and utility easement behind Lot 33. • Design and maintenance access to the infiltration basin on the northeast portion of the plat needs to be more clearly defined. • Approved 5th Street Irrigation Plans are required prior to recording of the Final Plat. This has been added as a condition of approval. Roadway easement to be vacated. There is a Public Roadway and Utility Easement created by Doc. No 3970178, attached that will need to be vacated. The City will be accepting right-of-way for 5th Street with the Final Plat. The Applicant has submitted application and has requested approval of this vacation. The vacation of this easement is listed as a condition of approval. Density. • The net residential density as shown on the proposed Final Plat is 3.88 units per acre. o The Final Plat indicates that the net density of the development is 3.26, which excludes CSAH 17 and 5th Street right-of-way, however, the right-of-way provided for these streets may be subtracted from the gross acreage of the property to determine density: 15.1137 acres subtracted by (0.7637 acres for the outlot in Hunters Crossing, which was already accounted for in the development 1.5008 and 1.0012 acres of arterial right-of-way=11.848 acres and 46/11.848 acres=3.64 units). • Does not meet Comprehensive Plan Residential Density Number for Urban Medium Density. The Comprehensive Plan designates areas guided for Urban Medium Density to be at a residential density of 4.5 to 7 units per acre. The original Sketch Plan had proposed 50 units. The number of units originally proposed for Preliminary Plat was reduced to 48 units and then was further reduced to 46 units due to several issues concerning the configuration of lots and in order to address City, County, and watershed district comments and concerns (which ultimately led to the inclusion of public, rather than private, streets). The number of units being proposed for Final Plat is 46, which is consistent with the approved Preliminary Plat. While a density of 3.88 units per acre does not meet the Comprehensive Plan density designation for the Urban Medium Density land use category, the Final Plat is consistent with the approved Preliminary Plat. It would not be appropriate for the area to be re-guided and rezoned to Urban Low Density Residential, as single-family attached dwellings are not an allowed use in this zoning district. Missing Cul-de-Sac Connection. A cul-de-sac connection was not originally proposed in the Sketch Plan. The Preliminary Plat shows a cul-de-sac trail connection connecting the bulb of the cul-de-sac 4 on proposed 6th Street Circle North. The Final Plat has eliminated this cul-de-sac trail connection. On June 12, 2017, the Planning Commission recommended that the trail be put back in the plans as a condition of approval. Sideyard Setbacks. The townhomes all appear to be setback an average of 7.5 feet on each side. The minimum setback for a principal structure is ten feet, and garages are allowed to be setback five feet, however Staff allows average setbacks of 7.5 feet. This has been a discussion item in the past, but it is something that Staff wants to make the Commission aware of. These homes will be required to be sprinklered, as they are single-family attached homes on two separate lots, and the Building Code requires that they be sprinklered, so the Building Official and Fire Chief see no issue with this. Streets and Parking. The proposed streets are 28 feet in width, and so there will be no restriction on parking except in the cul-de-sacs. The development provides two car garages and there is room for two cars to park in the driveway. This meets Specific Minimum Off-Street Parking Requirements of Section 154.210: Off-Street Parking. Impervious Surface. The impervious surface calculations are not provided. Each lot will need to adhere to maximum amount of 50% impervious lot coverage. Public Works Review. Public Works asked that the proper turning radius and setback of islands accommodates snowplows and fire trucks. The final construction plans will be reviewed as such. Engineering Comments. The Engineer’s memo dated June 5, 2017 is attached to this report. All comments in this memo should be addressed. Issues to highlight are as follows: 1. The County shall review and approve the proposed right-of-way along CSAH 17 (Lake Elmo Avenue). If additional right-of-way is required, the final plat and construction plans shall be revised, resubmitted and approved. 2. The Applicant shall contribute $25,000 to the costs of constructing turn lanes at the intersection of 5th Street North and CSAH 17 (Lake Elmo Avenue). This shall be addressed in the Developer Agreement. 3. The Applicant shall complete the construction of 5th Street North from CSAH 17 (Lake Elmo Avenue) to the east plat line at the developer’s sole cost. 4. The plat shall be updated to provide an Outlot for Infiltration Bain 7. City access to this basin may prove difficult and be an issue. After consultation with the Valley Branch Watershed District, Staff is willing to allow this deviation from City standards as long as maintenance is the responsibility of the Homeowners’ Association and because the raingarden is relatively small 5. Stormwater management plan must be approved by the City meeting State, Valley Branch Watershed District (VBWD) regulations. A Valley Branch Watershed District permit is required prior to grading activities. 6. The stormsewer pipe along the northern retaining wall shall be privately owned and maintained, as the proximity to the retaining wall and rear yard patios does not allow for adequate City maintenance access. 7. The proposed stormwater discharge from Basin 8 (along the northwest portion of the site) will be significantly reduced but will be at a point of discharge instead of sheet flow. A temporary easement may be needed from Cimarron to construction improvements as proposed including the Basin 8 storm water outfall pipe and the northerly retaining wall. If 5 this is needed, the easement may be difficult to obtain, as the Applicant had previously attempted to obtain an easement from this property and had difficulty. Upon further review, although a concern, the drainage onto Cimarron reduces a natural flow from around 300 feet to a 25 foot point discharge, however the area is under the powerline easement and into a tall grass area of the golf course with no structures nearby. The risk for impact is minimal. Final Plat Process. A public hearing is not required for a final plat. The City’s approval of a final plat is contingent on the plat’s consistency with the preliminary approval. The approval of the preliminary plat had conditions of approval. In order to proceed, the conditions of approval must be met by the applicant. The applicant has complied with the conditions which are addressed in the “Review and Analysis” section below. Staff has reviewed the final plat and has found that it is consistent with the approved preliminary plat. REVIEW AND ANALYSIS: The Preliminary Plat for Southwind (then referred to as Diedrich Property Preliminary Plat) was approved with several 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: 1) The landscape plan and tree preservation plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans. The plans have been reviewed by the city landscape architect, and amendments to the plans are required as noted herein. These plans will need to be amended according to comments and approved by the City’s Landscape Architect; this has been added as a recommended condition of approval. 2) The final landscape plan shall incorporate additional plantings where feasible adjacent to the shared property lines with parcel at 11490 Hudson Boulevard. The landscape plan of the Preliminary Plat proposed densely placed Eastern White Pines along the eastern property line. The landscape plan submitted with the Final Plat application proposes less dense plantings on the eastern edge but proposes many more plantings in the southwest corner of the site adjacent to Gruber Pallets. 3) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated March 3, 2015. The required improvements shall include, but not be limited to the construction of a northbound right turn lane and southbound center turn lane. The County has reviewed the Final Plat and has indicated the Applicant’s participation in the turn lane improvements will be $25,000, which will be collected with the execution of the Developers Agreement. 4) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. The Applicant has submitted 6 application to the Valley Branch Watershed District, which was approved on April 13, 2017, subject to 15 conditions of approval. 5) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. This was added as a condition of Final Plat. 6) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City’s Subdivision Ordinance. A cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. This has been added as a condition of Final Plat, and the parkland dedication fees will be collected with the execution of the Developers Agreement. 7) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. The Applicant plans to grade the property after Final Plat approval under the Developers Agreement. 8) All required modifications to the plans as requested by the City Engineer in a review letter dated June 17, 2015 shall be incorporated into the plans prior to consideration of a final plat. It is a recommended condition of approval 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 and that all comments outlined by the Engineer’s memorandum dated June 5, 2017 shall be addressed. 9) The applicant shall update all of the landscaping and construction plans to reflect the updated site plan that includes a public right-of-way within the project area. These updated plan shall be subject to review and approval by the City Engineer. These plans have been updated to include a public right-of-way within the project area. 10) Although the updated site plan does not incorporate a private street, any request for flexibility from City regulations and standards must be considered and addressed as part of the final plat submission. The applicant had originally proposed a private street located in a 30-foot outlot. One of the reasons for this is that the applicant had wanted to slightly vary setbacks of the townhouse units in order to help minimum the visual impact of a row of townhouses all at the same setback. The developer at the time had still wanted to look for ways to add some variation to setbacks, and so current Staff deduces that this is why this condition was added. The current developer, however, is not proposing varying setbacks, and varying setbacks are not a code requirement. 11) The final construction plans for the Diedrich Townhouses subdivision shall include, at a minimum, the northern portion of 5th Street if a joint construction project between the applicant and Ryland Homes does not proceed in advance of a final plat submission for the applicant’s site. The Applicant has provided final construction plans for the northern portion of 5th Street. 12) The architectural covenants for the homeowner’s association shall include provisions that discourage blank garage doors. All garage doors shall incorporate windows or decorative trim to minimize the visual impact of the garage-forward home design. The applicant has provided architectural renderings of the townhomes, and these do not include blank garage doors. The 7 Applicant has provided a draft Common Interest Community Declaration, but the proposed document does not include architectural covenants that discourage blank garage doors. The Applicant will need to amend this document to include this. This has been carried over as a recommended condition of Final Plat approval. 13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. This has been prepared for approval with the Final Plat. 14) The site plan and construction plans shall be revised to include a sidewalk along at least one side of all streets within the subdivision. The sidewalk is proposed along 6th Street Circle N shown as 6th Street North in the Grading Plan), but only to the edge of the loop of this street. Staff is not recommending that this sidewalk be extended along the cul-de-sac loop due to its large size. 15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee Schedule for the entire development prior to the release of the final plat for recording, regardless of project phasing. This will still be a requirement prior to the release of final plat for recording. 16) The developer shall secure a written grading agreement from Excel Energy concerning the proposed grading activity underneath an existing power line easement across the property prior to submission of a final plat. All grading has been removed from the Xcel easement. PLANNING COMMISSION REVIEW: The Southwind Final Plat was reviewed by the Planning Commission at its June 12, 2017 meeting. The Planning Commission had the following comments regarding the proposed Final Plat: • They commented on the 100 year overflow going to the north and asked if it could go to the west instead of the north. The developer had clarified that it actually goes east-west and doesn’t create any more discharge than what currently exists. • They mentioned County improvements for Lake Elmo Avenue. It is a condition of approval that the developer pay $25,000 towards the cost of the intersection at Lake Elmo Avenue and 5th Street North. • They commented on the missing trail connection from the westerly cul-de-sac to 5th Street. The developer was questioned as to why this trail connection was eliminated, as the trail connection would connect to the trail on the north end of 5th Street North. The developer did not know why this connection had been eliminated but deduced that it may have been eliminated due to a lack of on-street parking. The Commission would like to see this cul-de- sac connection put back in. The Planning Commission recommended making the following amendments to Staff-recommended conditions of approval: 8 • Recommendation to strike #14: 14) A signed copy by Xcel of the Consent to Improvements document shall be provided to the City which approves the proposed work within the Xcel Energy Transmission Easement along the northern property line and shall outline any terms and restrictions for ongoing maintenance by the City. Staff comment: This was removed, as updated plans no longer disturb area within this easement. Recommended with an affirmative vote of 4-1. • Recommendation to add two new conditions: 15) That a sidewalk or trail be constructed from the bulb of the westerly cul-de-sac within the development to the trail along 5th Street North. Staff comment: Recommended with an affirmative vote of 5-0. 16) The Landscape Plan shall be amended to provide additional buffering behind Lots 26-29 to the extent possible. Staff comment: Recommended with an affirmative vote of 5-0. There is a swale in this area and this may be difficult to execute. RECOMMENDED CONDITIONS OF APPROVAL: Based on the above Staff report and analysis, Staff and the Planning Commission recommend the following conditions of approval to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to proceed with the recording of the final plat. The recommended conditions are as follows: 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 prior to recording of Final Plat. All comments outlined by the Engineer’s memorandum dated June 5, 2017 shall be addressed. 2) The vacation of Public Roadway and Utility Easement created by Doc. No. 3970178 shall be approved by Council before recording of the Final Plat. 3) The utility plans shall be updated to include an additional fire hydrant at the entrance of the development. 4) All easements as requested by the City Engineer and Public Works shall be documented on the Final Plat prior to recording. 5) The Landscape Plans, including 5th Street Irrigation Plans, shall be updated and approved by the City. 6) The Applicant shall enter into Landscape and License 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/or open space on the final plat. 7) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council 9 that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 8) The Developers Agreement shall address all costs associated with the development including but not limited to construction of the northern half of 5th Street from CSAH 17 to the east plat line, partial responsibility ($25,000) for the improvements required by Washington County at the intersection of 5th Street and CSAH 17, and payment of a Water Availability Charge consistent with the Lake Elmo Fee Schedule for the entire development. 9) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City’s Subdivision Ordinance. 10) 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 grading activity. 11) A finalized stormwater management plan must be approved by the City, meeting all State, VBWD and City rules and regulations. 12) The Plat must be updated to provide an outlot dedicated to the City as well as maintenance access for Infiltration Basin 7. 13) The Applicant shall provide written correspondence from Washington County indicating that adequate CSAH 17 right-of-way is being dedicated as part of this plat. If additional right-of- way is required by the County, the plat and construction plans must be revised and resubmitted as necessary. 14) The Applicant shall amend the proposed Common Interest Agreement to include architectural covenants that include provisions that discourage blank garage doors. All garage doors shall incorporate windows or decorative trim to minimize the visual impact of the garage-forward home design. 15) That a sidewalk or trail be constructed from the bulb of the westerly cul-de-sac within the development to the trail along 5th Street North. 16) The Landscape Plan shall be amended to provide additional buffering behind Lots 26-29 to the extent possible. DRAFT FINDINGS: Staff and the Planning Commission recommend the following findings with regards to the proposed Southwind 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 July 21, 2015. 2) That the Final Plat is generally consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 3) That the Final Plat complies with the City’s Urban Medium Density Residential zoning district, except as noted in the Staff Report to the Planning Commission dated June 5, 2017. 10 4)That the Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances with the plan revisions as requested by the City. 5)That the Final Plat is consistent with the City’s engineering standards with the plan revisions as requested by the City Engineer. 6)That the Final Plat complies with the City’s subdivision ordinance. RECOMMENDATION: Staff and the Planning Commission recommend Council adopt Resolution 2017-070 approving the Southwind Final Plat with the 16 conditions of approval as listed in the Staff report. Suggested motion: “Move to adopt Resolution 2017-070 approving the Southwind Final Plat with the recommended 16 conditions of approval” ATTACHMENTS: 1. Application Forms 2. Southwind Final Plat and Plans 3.City Engineer Review Letter June 5, 2017 4. Resolution 2017-070 01-ENG-117021-SHEET-SITE 1SITE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 1OF MSN/BNM Name Reg. No.Date Revisions 1. 04-05-17 Watershed Comments Date Designed Drawn 2017 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS SOUTHWIND OF LAKE ELMO LAKE ELMO, MINNESOTA SOUTHWIND BUILDERS INC. 2372 LEIBEL STREET 03-27-2017 PJC/BNM 19860 03-27-2017 Paul J. Cherne WHITE BEAR LAKE, MINNESOTA 55110 2. 05-04-17 City Comments c 3OF 3-27-17 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2015 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L1SOUTHWIND OF LAKE ELMO LAKE ELMO, MINNESOTA SOUTHWIND BUILDERS INC. 2372 LEIBEL STREET WHITE BEAR LAKE, MINNESOTA 55110 LANDSCAPE PLAN 5-26-17 4-5-17 added rain garden seeding5-26-17 CITY COMMENTS c 3OF 3-27-17 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2015 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L2SOUTHWIND OF LAKE ELMO LAKE ELMO, MINNESOTA SOUTHWIND BUILDERS INC. 2372 LEIBEL STREET WHITE BEAR LAKE, MINNESOTA 55110 CITY DETAILS 5-26-17 4-5-17 added rain garden seeding5-26-17 CITY COMMENTS c 3OF 3-27-17 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2015 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L3SOUTHWIND OF LAKE ELMO LAKE ELMO, MINNESOTA SOUTHWIND BUILDERS INC. 2372 LEIBEL STREET WHITE BEAR LAKE, MINNESOTA 551105-26-17 LANDSCAPE PLAN DRY SWALE/POND (STATE SEED MIX 33-262 FORMERLY W4) NATIVE DRY PRAIRIE SOUTHEAST (STATE SEED MIX 35-621 FORMERLY U6) 4-5-17 added rain garden seeding5-26-17 CITY COMMENTS 01-PLAN-117021-SHEET-LAND F15TH STREET LANDSCAPE PLAN c OF Name Reg. No.Date Revisions Date Designed Drawn 2014 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson 2 jlt jlt 4-27-20158-26-15-NEW CITY STANDARD 5TH STREET DETAILS9-29-15-CITY COMMENTS10-15-15-CITY COMMENTS 10-27-15-CITY COMMENTS/REVIEW MEETING 3-28-17 SUBMITTAL FOR SOUTHWIND PROPERTY SOUTHWIND OF LAKE ELMO LAKE ELMO, MINNESOTA SOUTHWIND BUILDERS INC. 2372 LEIBEL STREET WHITE BEAR LAKE, MINNESOTA 551105-26-17 5-26-17 CITY COMMENTS 01-PLAN-117021-SHEET-LAND F2 c OF Name Reg. No.Date Revisions Date Designed Drawn 2014 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson 2 jlt jlt 3-4-20158-26-15-NEW CITY STANDARD 5TH STREET DETAILS9-29-15-CITY COMMENTS10-15-15-CITY COMMENTS 10-27-15-CITY COMMENTS/REVIEW MEETING 3-28-17 SUBMITTAL FOR SOUTHWIND PROPERTY 5-26-17 SOUTHWIND OF LAKE ELMO LAKE ELMO, MINNESOTA SOUTHWIND BUILDERS INC. 2372 LEIBEL STREET WHITE BEAR LAKE, MINNESOTA 55110 5-26-17 CITY COMMENTS 5TH STREET LANDSCAPE PLAN April 6, 2017 Ms. Emily Becker City Planner City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Re: Southwind of Lake Elmo City of Lake Elmo, Minnesota P.E.# 117021 Dear Ms. Becker: Our response to your review letter dated March 28,2017 is as follows:  The Applicant will provide the required escrow fee.  The Applicant will provide the required escrow agreement.  The legal description for the property is attached  The Applicant will provide the deed for Outlot D.  A table listing the lot data is shown on the area map  No public open space is been provided on this site. None was required in the preliminary plat approval  No wetlands are present onsite Attached is the wetland determination  An area calculation showing the area of arterial ROW dedication is shown on the area map  Outlot A will be used for stormwater management. The City of Lake Elmo will own and maintain Outlot A  Outlot B will be used for landscaping. The Homeowners Association will own and maintain Outlot B  Medium density standards have been added to the site plan  Preliminary plat conditions have addressed as follows: 1. A revised landscape plan has been submitted for review. 2. It is understood that maximizing screen to the industrial use is desirable however space for additional landscaping on the east property line is limited. Please review the revised plan. 3. Revised 5th street plans have been submitted. It is acknowledged that 5th street will be constructed by the applicant. 4. An application has been made to WBWD. There are no wetlands onsite. A determination letter was submitted. 5. The HOA will be responsible for landscape maintenance upon turn over from the developer. 6. The applicant acknowledges that park fees will be paid in lieu of land dedication. 7. A grading permit application has been submitted to the City. 8. Significant changes have been made to the plan. Public streets are proposed. A detention basin along with infiltration is proposed for storm water management. A storm water reuse system is not proposed. New engineer comments are required. 9. Updated plans with public streets have been submitted. 10. Please review the site plan for requested setbacks. 11. The southern portion of 5th Street has been constructed by CalAtlantic. The applicant will complete the remainder of 5th Street construction. 12. The applicant has submitted architecture for review. 13. The applicant will enter into a Developers Agreement with the City. 14. Sidewalk has been added to the plans. 15. The applicant will pay WAC charges as shown in the developer’s agreement. 16. The applicant is working with XCEL and the landowner to the north on grading agreements.  The final density calculation is located on the area map:  The applicant will discuss, neighbor concerns and excessive burden in the narrative.  An existing conditions map is attached.  The street name will be 6th Street Circle North as requested.  The applicant will furnish protective covenants for review  5th Street North plans and specifications are attached The existing roadway easement must be vacated. A legal description for vacation of the existing street easement is attached. Attached are revised plans. If you have any questions or require further information please call me at 651-251- 0630. Sincerely, PIONEER ENGINEERING P.A. Paul J. Cherne, P.E Cc: Larry Alm, Southwind Builders PAGE 1 of 2 MEMORANDUM Date: June 5, 2017 To: Emily Beck, City Planner Re: Southwind of Lake Elmo – Final Plat Cc: Stephen Wensman, Planning Director Engineering Review Comments Chad Isakson, P.E., Assistant City Engineer From: Jack Griffin, P.E., City Engineer An engineering review has been completed for Southwind of Lake Elmo. Final Plat/Final Construction Plans were received on May 26, 2017. The submittal consisted of the following documentation prepared by Pioneer Engineering, or as noted:  Southwind of Lake Elmo Final Plat, received on May 26, 2017.  Southwind of Lake Elmo Existing Conditions and Site Plan dated May 4, 2017.  Grading and Erosion Control Plans and Project Manual dated May 4, 2017.  Utility and Street Construction Plans and Project Manual dated May 4, 2017.  5th Street North, Phase 2 Utility and Street Construction Plans dated May 26, 2017.  Landscape/Tree Preservation Plans dated May 26, 2017.  Stormwater Management Plan dated May 26, 2017.  Stormwater Pollution Prevention Plan dated March 27, 2017.  Geotechnical Report dated April 2, 2017 by Haugo Geotechnical Services. STATUS/FINDINGS: Engineering review comments have been provided in two separate memos; one for Final Plat approval, and one to assist with the completion of the final Construction Plans. Please see the following review comments relating to the Final Plat application. FINAL PLAT: SOUTHWIND OF LAKE ELMO  The Final Plat shall be contingent upon the applicant dedicating right‐of‐way along CSAH 17 (Lake Elmo Avenue) to Washington County. The County shall review and approve the right‐of‐way dedication prior to the recording of the Final Plat. If additional right‐of‐way is required by the County the Plat/construction plans must be revised and resubmitted.  The Final Plat shall be contingent upon the applicant contributing to the costs to construct turn lanes at the intersection of 5th Street and CSAH 17 (Lake Elmo Avenue). A cost contribution in the amount of $25,000 should be addressed in the Development Agreement for the subdivision.  Final Plat shall be contingent upon the applicant completing the construction of 5th Street North from CSAH 17 (Lake Elmo Avenue) to the east plat line at the developer’s sole cost. Construction plans for the 5th Street Improvements should be considered a part of the required development improvements for the Southwind of Lake Elmo Plat approval.  Outlots A and C (Stormwater Facilities) must be dedicated to the City as part of the Final Plat. City ownership of the Outlots have been noted on the final construction plans as required.  The Plat must be updated to provide an Outlot for Infiltration Basin 7. City ownership of the Outlot must be noted on the final construction plans. FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 PAGE 2 of 2  A finalized storm water management plan must be approved by the City and the VBWD permit must be obtained prior to grading activities. The site plan is subject to a storm water management plan meeting State, VBWD and City rules and regulations. Storm water facilities proposed as part of the site plan to meet State and VBWD permitting requirements must be constructed in accordance with the City Engineering Design Standards Manual.  Infiltration Basin 8 must be revised to drain dry in 48‐hours. The bottom elevation of Infiltration Basin 8 must therefore be revised to be above the adjacent storm pond 918.0 NWL.  Infiltration Basin 3 must be reconfigured to be fully outside of the existing Outlot C utility easement, including the Basin 100‐year HWL. The Basin must also be revised to have the bottom elevation and normal operating water levels below the adjacent 5th Street granular subbase elevation. Also, the east side berm in Outlot C must be raised to provide greater margin of error than the proposed 0.1 foot difference from the Outlot EOF. Additional horizontal separation from 5th Street along with embankment lining may also be considered; subject to City review.  Infiltration Basin 7 must be placed in an Outlot dedicated to the City for ongoing operation and maintenance including the maintenance access road; or Basin 7 should be removed from the project. City ownership of the Outlot must be noted on the final construction plans as required.  The Final Plat shall be contingent upon the storm sewer pipe run from CBMH‐857 to FES‐849, along with the adjacent retaining wall, to be privately owned and maintained by the HOA. The proximity of this storm sewer to the proposed retaining wall and rear yard patios does not allow for adequate City maintenance access. Private HOA ownership must be noted on the Construction Plans.  All easements as requested by the City Engineer and Public Works department shall be documented on the Final Plat prior to the release of the Final Plat for recording. Additional storm sewer pipe easement is needed along Lots 1‐4, Block 1 to provide a minimum 15 foot easement from the pipe centerline.  The Final Plat shall not be recorded until final construction plan approval is granted for both the Southwind of Lake Elmo subdivision improvements and the 5th Street Improvements.  No construction for the Southwind of Lake Elmo development may begin until the applicant has received City Engineer approval for the Final Grading Plans, Final Street and Utility Construction Plans, and the Final 5th Street Construction Plans; the applicant has obtained and submitted to the City all applicable permits, easements and permissions needed for the project; and a preconstruction meeting has been held by the City’s engineering department.  The proposed storm water discharge rate from Basin 8 will be significantly reduced from 32.72 cfs to 17.20 cfs. However, the discharge will be a point discharge instead of sheet flow. This change may be perceived as an adverse changed for the adjacent property.  A temporary easement may be needed from Cimarron to construct the improvements as proposed including the Basin 8 storm water outfall pipe and the northerly retaining wall. 1 Resolution 2017-070 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-070 A RESOLUTION APPROVING FINAL PLAT FOR SOUTHWIND OF LAKE ELMO 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 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 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 July 21, 2015. 2) That the Final Plat is generally consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2 Resolution 2017-070 3) That the Final Plat complies with the City’s Urban Medium Density Residential zoning district, except as noted in the Staff Report to the City Council dated July 5, 2017. 4) That the Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances with the plan revisions as requested by the City. 5) That the Final Plat is consistent with the City’s engineering standards with the plan revisions as requested by the City Engineer. 6) That the Final Plat complies with the City’s subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Southwind of Lake Elmo 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 prior to recording of Final Plat. All comments outlined by the Engineer’s memorandum dated June 5, 2017 shall be addressed. 2) The vacation of Public Roadway and Utility Easement created by Doc. No. 3970178 shall be approved by Council before recording of the Final Plat. 3) The utility plans shall be updated to include an additional fire hydrant at the entrance of the development. 4) All easements as requested by the City Engineer and Public Works shall be documented on the Final Plat prior to recording. 5) The Landscape Plans, including 5th Street Irrigation Plans, shall be updated and approved by the City. 6) The Applicant shall enter into Landscape and License 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/or open space on the final plat. 7) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 8) The Developers Agreement shall address all costs associated with the development including but not limited to construction of the northern half of 5th Street from CSAH 17 to the east plat line, partial responsibility ($25,000) for the improvements required by Washington County at the intersection of 5th Street and CSAH 17, and payment of a Water Availability Charge consistent with the Lake Elmo Fee Schedule for the entire development. 9) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City’s Subdivision Ordinance. 10) 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 grading activity. 3 Resolution 2017-070 11) A finalized stormwater management plan must be approved by the City, meeting all State, VBWD and City rules and regulations. 12) The Plat must be updated to provide an outlot dedicated to the City as well as maintenance access for Infiltration Basin 7. 13) The Applicant shall provide written correspondence from Washington County indicating that adequate CSAH 17 right-of-way is being dedicated as part of this plat. If additional right-of- way is required by the County, the plat and construction plans must be revised and resubmitted as necessary. 14) The Applicant shall amend the proposed Common Interest Agreement to include architectural covenants that include provisions that discourage blank garage doors. All garage doors shall incorporate windows or decorative trim to minimize the visual impact of the garage-forward home design. 15) That a sidewalk or trail be constructed from the bulb of the westerly cul-de-sac within the development to the trail along 5th Street North. 16) The Landscape Plan shall be amended to provide additional buffering behind Lots 26-29 to the extent possible. 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 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 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 5th 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 City Council – Staff Report Regular Item #10 Meeting date: 7/5/2017 Page 2 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 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 1 Resolution 2017-072 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-072 A RESOLUTION APPROVING AN AMENDMENT TO DEVELOPER’S AGREEMENT FOR THE SOUTHWIND OF LAKE ELMO RESIDENTIAL TOWNHOME DEVELOPMENT 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 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 2 Resolution 2017-072 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. P assed 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 1 (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. 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 2 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 County all drainage and utility easements required for the Subdivision by the City Engineer and Public Works Director in the City’s standard form; C. the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City’s standard form; D. this Agreement has been executed by the Developer and the City; E. the required Letters of Credit (as hereinafter defined) have been received by the City from or on behalf of the Developer; F. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; G. the Developer has paid the City for all legal, engineering and administrative expenses incurred by the City regarding the City approvals and has given the City the additional construction inspection escrow required by this Agreement; H. the Developer has paid any outstanding assessments and taxes for the property or property being deeded to the City; I. the Developer has fulfilled any park dedication requirements as specified under this Agreement; J. the Developer has received all necessary permits from the MPCA, MDH, DNR, 3 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 have been satisfied and that the Developer may proceed; O. Legal documents regarding homeowner association documents, covenants, and restrictions have been submitted, reviewed and approval by the City Attorney; and P. the Developer shall provide a Title Policy for all land dedicated to the City. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases of the development if the Developer is not in compliance with any term of this Agreement and the non-compliance has not been remedied. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Park dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots and blocks. 5. 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. 4 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 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. Underground private utilities; H. Landscaping; I. Street lighting and signage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); K. Tree preservation and reforestation; 5 L. Wetland mitigation and buffers; and M. Monuments required by Minnesota Statutes. All improvements shall be installed in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors or a soil engineer inspect the Developer’s work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 8. 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 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, 6 final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the Security. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed by the City on an hourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer-required management of the construction of the Subdivision Improvements. The Developer must require the Developer’s contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer-installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City requires for inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or joint venture relationship between the City and the Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a twenty-five (25) percent ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified in Paragraph 7 above. 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 7 completed, including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and amending this Agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads and alleys until the Subdivision Improvements are accepted by the City in writing. The developer is also responsible to locate all underground utilities until the development is accepted in writing by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed by the Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the street from the Developer’s operations. The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping shall take place on a weekly basis. Prior to the City’s acceptance of the streets the City may agree, at the City’s sole discretion, to keep the streets open during winter months by plowing snow. The City will consider snow plowing streets on a case by case basis and under the following conditions. 1) The Developer must request in writing the streets in question to be plowed by the City, with such request received prior to October 1st of each winter season that plowing is requested. 2) The streets must be occupied by residences of the City. 3) For streets that do not have the 8 bituminous wear course placed, the developer must install paved wedges along all curb lines and catch basins. 4) Gate valves and manholes must be level with the pavement surface. 5) Street curves, center medians, and other protrusions in the right-of-ways must be delineated with “High-vis” fiberglass stakes. 6) A site review must be scheduled and conducted with Public Works, and attended by the developer, to accept the streets for plowing prior to the commitment of plowing by the City. 7) The City shall not be responsible for any damage caused by snow plowing operations to the streets, curb and gutter, manholes, catch basins or other infrastructure.8) The Developer shall enter into an Agreement with the City for plowing of the streets. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property and this Agreement. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the Subdivision via 5th 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 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 9 including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate storm sewer system program. Prior to initiating any work on the site, an erosion control plan must be implemented by the Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may impose additional erosion control requirements at any stage in development as deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer promptly after the work in the area is complete unless construction of the next stage of the improvements will begin in that area within seven (7) days. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the Security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued by the City unless the Subdivision is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public Subdivision Improvements, the Developer assumes all responsibility for erosion control compliance throughout the Subdivision and the City may take such action as allowed by this Agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City’s building permit requirements, or as required by the City or City Engineer. 17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise 10 prepare the Property for development, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 30 days after completion of the grading, the Developer shall provide the City with an “as built” grading plan and a certification by a registered land surveyor or engineer as required in the City’s Engineering Design and Construction Standards Manual. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets, including turn lane and intersection improvements, shall be installed in accordance with the approved Plans, the City approvals, the City Code, and the City’s Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved Plans. Once the work is completed, the Developer or the Developer’s representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course shall be installed by the Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous wear course, the Developer shall repair or replace all broken or failing curbs, sidewalks and damaged or settled streets as determined by the City from a pre-wear course walk through inspection. 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other 11 vegetation installed by the Developer must be warrantied and maintained for a period of two (2) years. The two (2) year warranty period shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection thirty (30) days prior to the end of the two (2) year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event any landscaping installed by the Developer is deemed to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over-seeding necessary to establish final lawns and yards as identified in the approved Plans for outlots, public rights-of-way, and any disturbed areas outside the Subdivision boundaries according to a landscape maintenance plan approved by the City. The Developer agrees to achieve “substantial performance” on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this agreement “substantial performance” shall be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf areas with an average blade height of three (3) inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil.” For areas seeded with a native grass or flower mix “substantial performance” shall be defined as “square foot native grass or flower areas with an average height of eight (8) inches free of eroded, bare, or dead spots and no visible surface soil.” C. The Developer shall follow the City of Lake Elmo “Bee Safe” policy for pesticide use as per City Council RESOLUTION NO. 2015-13. 12 20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees to install street signs, traffic and parking signs, and pavement markings within the Subdivision all in accordance with the approved Plans and the City Engineering Design Standards Manual. Street and traffic sign details shall be submitted by the Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in accordance with the approved plans and right-of-way permits. 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and an electronic file of the "record" plans in accordance with the City’s Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon review and verification by the City Engineer that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer 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 13 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. 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 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. 14 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 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 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 15 billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspection or actions and the halting of all work in the Subdivision. E. If building permits are issued prior to the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 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 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 16 not limited to legal, planning, engineering, and inspection expenses incurred in connection with the City’s approval and acceptance of the plat and the Subdivision, the preparation of this Agreement, the City’s review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. All amounts incurred and due to the City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording. C. The Developer shall hold the City and its officials, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the City’s approval of the plat and the development of the Subdivision. The Developer shall indemnify the City and its officials, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even 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. 17 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 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 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 18 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 review and approval by the City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate of insurance evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days’ advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Agreement. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity 19 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 Developer’s expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply with all City, County, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Subdivision is not in compliance, the City may, at its option, refuse to allow 20 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 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 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 21 the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision for such purposes. If the City does such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements, and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. The Developer also acknowledges that its failure to perform any or all of the Developer’s obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 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 22 Subdivision Improvement during the warranty period, the City may repair or replace the defective portion and may use the Security to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers if the Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. A. The required warranty period for all work relating to the public sewer and water shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two (2) years from the date of final written City acceptance of the installation. 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 23 solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. 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 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 24 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 $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) 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 25 be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City Landscape Architect including all corrective work for any identified punch list items. C. Twenty-five (25) percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. D. Twenty-five percent (25%) of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items being completed by the Developer; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. E. In addition to the above project milestone based Security reductions, the Developer may submit a written request and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve a one-time reduction in the Security for Construction Categories 2-5 in an amount not to exceed fifty (50) percent of the initial Security amount. F. It is the intent of the parties that the City at all times have available to it Security in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for 26 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 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 5th 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) 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 27 pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 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. 28 CITY OF LAKE ELMO By: ____________ __________________ Its: Mayor By: __________________ _____________ Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2017, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 29 SOUTHWIND BUILDERS, INC. By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___, day of _________________, 2017, by _______________________, the _______________________of ____________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 30 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 ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2017. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 31 MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT 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: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 32 CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT , which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 2017. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of _______________, 2017, by ________________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 A-1 EXHIBIT A TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as 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 1st Addition, according to the recorded plat thereof, said Washington County, Minnesota B-1 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 Southwind of Lake Elmo Utility & Street Construction Plan Cover Sheet 2 of 20 of Southwind of Lake Elmo Utility & Street Construction Plan Legend 3-5 of 20 of Southwind of Lake Elmo Utility & Street Construction Plan Sanitary Sewer & Watermain 6-10 of 20 of Southwind of Lake Elmo Utility & Street Construction Plan Storm Sewer Construction 11-12 of 20 of Southwind of Lake Elmo Utility & Street Construction Plan Street Construction 13 of 20 of Southwind of Lake Elmo Utility & Street Construction Plan Signing& Lighting Plan 14-20 of 20 of Southwind of Lake Elmo Utility & Street Construction Plan City Details 1 of 26 of 5th Street North Utility and Street Construction Cover Sheet 2 of 26 of 5th Street North Utility and Street Construction Legend Sheet 3 of 26 of 5th Street North Utility and Street Construction Typical Sections B-2 4 of 26 of 5th Street North Utility and Street Construction Street Alignment Sheet 5 of 26 of 5th Street North Utility and Street Construction Phase 1 Plan 6 of 26 of 5th Street North Utility and Street Construction Phase 1 Typical Section 7-8 of 26 of 5th Street North Utility and Street Construction Phase 2 Plan 9-10 of 26 of 5th Street North Utility and Street Construction Sanitary Sewer & Watermain 11-12 of 26 of 5th Street North Utility and Street Construction Storm Sewer Construction 13-14 of 26 of 5th Street North Utility and Street Construction Street Construction 15 of 26 of 5th Street North Utility and Street Construction Signing, Striping & Lighting Plan 16-19 of 26 of 5th Street North Utility and Street Construction Sections 20-26 of 26 of 5th Street North Utility and Street Construction City Details L1-3 of 5th Street North Utility and Street Construction Landscape Plan 1 of 8 of Grading & Erosion Control Plan Cover Sheet 2 of 8 of Grading & Erosion Control Plan Legend 3 of 8 of Grading & Erosion Control Plan Grading and Drainage Plan B-3 4 of 8 of Grading & Erosion Control Plan Erosion Control Plan 5 of 8 of Grading & Erosion Control Plan Seeding Plan 6-8 of 8 of Grading & Erosion Control Plan Details LI-3 of Landscape Plan Landscape Plan 1 of 1 Existing Conditions Existing Conditions C-1 EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements and Northern Half of 5th Street Construction Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125% 1 Grading $244,253.60 $305,317.00 2 Sanitary Sewer $117,757.11 $147,196.38 3 Watermain $126,676.33 $158,345.41 4 Storm Sewer (includes pond structures and outfall pipes) $217,173.00 $271,466.00 5 Streets and Sidewalks $545,215.00 $681,518.00 6 Trails 32,525.00 $40,656.00 7 Surface Water Facilities (ponds, infiltration basins, other BMPs) $35,185.00 $43,981.00 8 Street Lighting $48,000.00 $60,000.00 9 Street and Traffic Signs $7,400.00 $9,250.00 10 Private Utilities (electricity, natural gas, telephone, and cable) N/A N/A 11 Landscaping Improvements $225,042.00 $281,303.00 12 Tree Preservation and Restoration (Addressed in Landscaping) 13 Wetland Mitigation and Buffers N/A N/A 14 Monuments $4,600.00 $5,750.00 C-2 15 Erosion and Sedimentation Control $25,265.00 $31,582.00 16 Miscellaneous Facilities N/A N/A 17 Developer’s Record Drawings $5,000.00 $6,250.00 TOTALS $1,577,391.00 $1,971,739.00 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. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its STAFF REPORT DATE: 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 1st 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 Location: Outlots A and B, Hidden Meadows Addition Request: Final Plat and Easement Vacation Existing Land Use and Zoning: Vacant / Rural Residential Zoning Surrounding 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 2nd Addition preliminary plat and conditional use permit approval on 4/18/2006 by Resolution 2006-038; Hidden Meadows 1st 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 City Council Meeting July 7, 2017 Regular Agenda item # 11 Page 2 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: 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 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. City Council Meeting July 7, 2017 Regular Agenda item # 11 Page 3 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 59th 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 Right-of-way 4.01 City Lot Area 25.91 Developer Lot 1, Block 1 2.46 Church 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-way 4.01 City Lot Area 25.91 Developer Lot 1, Block 1 2.46 Church 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). City Council Meeting July 7, 2017 Regular Agenda item # 11 Page 4 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. 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 Areas Acres Buildable Acres Future 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= 51% buildable open space 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 City Council Meeting July 7, 2017 Regular Agenda item # 11 Page 5 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. 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 façade 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 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: City Council Meeting July 7, 2017 Regular Agenda item # Page 6 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 in the residential front yards. The private sanitary sewer is located under the City trail. In general, this layout matches the street profile of 59th 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 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 City Council Meeting July 7, 2017 Regular Agenda item # Page 7 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 façade 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 1st 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 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. City Council Meeting July 7, 2017 Regular Agenda item # Page 8 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 1st 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 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. City Council Meeting July 7, 2017 Regular Agenda item # Page 9 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. 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. 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 City Council Meeting July 7, 2017 Regular Agenda item # Page 10 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 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 59th 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: Outlots 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. City Council Meeting July 7, 2017 Regular Agenda item # Page 11 Outlot C is part of the residential open space and contains the shared community septic system for the church and residential development. 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 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 City Council Meeting July 7, 2017 Regular Agenda item # Page 12 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 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. 5) 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. PLANNING COMMISSION/PUBLIC HEARING: The Planning Commission reviewed the final plat application on June 12, 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 City Council Meeting July 7, 2017 Regular Agenda item # Page 13 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. Furthermore, 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. 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: City Council Meeting July 7, 2017 Regular Agenda item # Page 14 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. 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. City Council Meeting July 7, 2017 Regular Agenda item # Page 15 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. 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 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. 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. City Council Meeting July 7, 2017 Regular Agenda item # Page 16 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 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 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 2nd 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 2006-038 approving the preliminary plat • Temporary Conservation Easement • City Engineer Report dated June 1, 2017 • MnDOT Comments, dated December 2, 2016 • Old preliminary plat Staff Reports and Minutes • July 5, 2006 final plat report to City Council. City Council Meeting July 7, 2017 Regular Agenda item # Page 17 1 Resolution 2017-073 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-073 A RESOLUTION APPROVING THE HIDDEN MEADOWS 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 25th, 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 WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for Hidden Meadows 1st 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 2 Resolution 2017-073 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 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 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. 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 3 Resolution 2017-073 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. 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 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. 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. 4 Resolution 2017-073 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. 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. 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. 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 1 Resolution 2017-073 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-073 A RESOLUTION DENYING THE HIDDEN MEADOWS 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 25th, 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 WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for Hidden Meadows 1st 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 2 Resolution 2017-073 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 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 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 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. Passed and duly adopted this 5th day of July, 2017 by the City Council of the City of Lake Elmo, Minnesota. 3 Resolution 2017-073 ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk 11 12 139 10 8 7 6 5 4 3 2 109 8 7 6 5 1 1 1 2 2 3 4 OUTLOT F OU T L O T D OUTLOT E OUTLOT C BLOCK 4 BLOCK 4 BL O C K 2 BLOCK 3 56TH PLACE NORTH 57TH PLA C E N O R T H KE L V I N A V E N U E N O R T H 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 22942295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 23192320 2321 2322 2323 2324 2325 23262327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 23532354 2355 2356 2357 2358 2359 2360 2361 2362 2363 2364 2365 2366 23672368 2369 2370 2371 2372 2373 EXISTING TREES TO BE REMOVED DISTURBED AREA200420052006 2007 2008 2009 2010 2011 2012 2013 20142015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 20482049 2050 2051 20522053 2054 20552056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 20692070 2071 2072 2073 2074 2075 2076 20772078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 21292130 21312132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 21442145 2146 2147 2148 2149 2150 2151 2152 2153 2154 21552156 2157 2158 2159 2160 2161 2162 2163 2164 2165 216621672168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 21842185 2186 2187 2188 2189 2190 2191 21922193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 22072208 2209 2210 2211 2212 2213 2214 2215 22162217 2218 2219 2220 2221 2222 2223 2224 2225 22262227 2228 2229 2230 2231 2232 22332234 2235 2236 2237 2238 2239 2240 22412242 2243 22442245 EXISTING TREE TO BE REMOVED Tree mitigation requirements (§154.257 Tree Preservation) Total Cal In of Significant Trees 6,620 30% allowed removal of Total In 1,986 Total Removed Caliper Inches 70 Cal In of Removed Common Trees 13 Cal In of Removed Hardwood Trees 57 Common trees less allowable tree removal limit 0 Hardwood trees less allowable tree removal limit 0 Replacement schedule Common inches @ .25" per 1"NA Hardwood inches @ .5" per 1"NA Combined inches NA Number of 2.5" Replacement trees NA LEGEND DISTURBED AREA CA D D U S E R : An d r e w M o n t g o m e r y F I L E : \ \ D F A P P S 0 1 \ J O B _ F I L E S \ 2 0 1 6 P R O J E C T S \ 1 6 - 2 10 H I D D E N M E A D O W S O F L A K E E L M O \ C A D \ 1 6 - 2 1 0 L A N D S C A P E P L A N _ U P D A T E .D W G P L O T S C A L E : 1 : 1 P L O T D A T E : 5 / 1 6 / 2 0 1 7 1 1 : 5 3 A M REVISIONS BY TR E E P R E S E R V A T I O N PL A N L-001 DRAWN BY CHECKED BY JOB NO. DATE SHEET NORTH 0 200' 1"=100' 50' 100' SCALE 40 1 2 n d A v e n u e N o r t h , S u i t e 4 1 0 Mi n n e a p o l i s , M N 5 5 4 0 1 P . 6 1 2 . 3 3 2 . 7 5 2 2 Signature: Print Names: Date: License No: HIDDEN MEADOWS LAKE ELMO, MINNESOTA Tag Number*Species**Size*** Condition**** 2001 oak 28 5 2002 Cottonwood 40 6 2003 Oak, Bur 21 4 2004 Oak, Red 36 6 2005 Oak, Bur 27 6 2006 Oak, Red 20 5 2007 Oak, Red 35 7 2008 Oak, Bur 29 7 2009 Oak, Red 27 6 2010 Oak, Bur 20 6 2011 Oak, Red 29 6 2012 Cherry, Black 85 2013 Oak, Bur 26 6 2014 Oak, Bur 31 6 2015 Oak, Bur 25 4 2016 Oak, Bur 21 4 2017 Oak, Bur 40 5 2018 Oak, Red 20 5 2019 Oak, Bur 21 7 2020 Oak, Red 11 6 2021 Oak, Red 10 6 2022 Elm, American 15 6 2023 Aspen 13 5 2024 Oak, Red 21 6 2025 Aspen 12 7 2026 Cherry, Black 96 2027 Oak, White 17 7 2028 Cherry, Black 65 2029 Oak, Bur 33 4 2030 Cherry, Black 8 4 2031 Cherry, Black 10 5 2032 Oak, Bur 33 6 2033 Oak, Bur 24 6 2034 Aspen 14 4 2035 Elm, American 12 5 2036 Oak, Bur 25 5 2037 Oak, Bur 21 5 2038 Oak, Red 17 7 2039 Oak, Bur 15 6 2040 Oak, Red 29 6 2041 Oak, Red 33 6 2042 Oak, Red 17 6 2043 Oak, Red 14 6 2044 Oak, Red 95 2045 Oak, Red 17 5 2046 Aspen 15 5 2047 Cherry, Black 10 6 2048 Aspen 12 6 2049 Aspen 16 6 2050 Elm, American 12 5 2051 Oak, Red 25 7 2052 Cherry, Black 7 5 2053 Aspen 13 4 2054 Oak, Red 24 4 2055 Cherry, Black 95 2056 Cherry, Black 6 4 2057 Oak, Bur 29 6 2058 Oak, Red 13 4 2059 Oak, Bur 11 4 2060 Aspen 12 4 2061 Basswood 13 5 2062 Cherry, Black 12 5 2063 Oak, Bur 16 5 2064 Cherry, Black 86 2065 Cherry, Black 11 6 2066 Cherry, Black 12 5 2067 Cherry, Black 10 5 2068 Oak, Bur 32 7 2069 Cherry, Black 74 2070 Oak, Bur 85 2071 Oak, Bur 27 4 2072 Cherry, Black 7 5 2073 Oak, Bur 18 5 2074 Aspen 13 5 2075 Cherry, Black 85 2076 Oak, Red 13 6 2077 Oak, Bur 26 6 2078 Oak, Red 18 5 2079 Oak, Red 15 6 2080 Oak, Bur 23 4 2081 Oak, Red 20 5 2082 Oak, Bur 22 5 2083 Cherry, Black 7 5 2084 Oak, Bur 95 2085 Oak, Bur 95 2086 Oak, Bur 15 6 2087 Oak, Bur 26 7 2088 Cherry, Black 7 5 2089 Aspen 12 5 2090 Oak, Bur 34 5 2091 Oak, Bur 25 5 2092 Oak, Bur 25 6 2093 Oak, Bur 19 6 2094 Oak, Bur 26 7 2095 Cherry, Black 19 5 2096 Cherry, Black 85 2097 Cherry, Black 17 6 2098 Cherry, Black 16 6 2099 Oak, White 32 7 2100 Cherry, Black 14 5 2101 Oak, Bur 24 5 2102 Oak, Bur 24 7 2103 Willow 23 5 2104 Oak, Bur 26 4 2105 Cherry, Black 22 4 2106 Oak, Bur 15 5 2107 Boxelder 28 4 2108 Boxelder 25 4 2109 Oak, Bur 33 6 2110 Cherry, Black 95 2111 Cherry, Black 65 2112 Aspen 12 4 2113 Aspen 12 5 2114 Aspen 15 5 2115 Cherry, Black 12 5 2116 Boxelder 20 4 2117 Cherry, Black 17 5 2118 Elm, American 15 5 2119 Oak, Red 32 5 2120 Oak, Bur 28 6 2121 Oak, Bur 16 5 2122 Elm, American 13 5 2123 Elm, American 12 5 2124 Cherry, Black 13 5 2125 Cherry, Black 95 2126 Cherry, Black 11 6 2127 Cherry, Black 11 6 2128 Cherry, Black 10 6 2129 Oak, Red 29 7 2130 Cherry, Black 10 5 2131 Cherry, Black 95 2132 Cherry, Black 11 6 2133 Oak, Bur 22 6 2134 Oak, Bur 24 4 2135 Aspen 12 5 2136 Cherry, Black 14 5 2137 Oak, Red 86 2138 Aspen 14 5 2139 Aspen 14 5 2140 Oak, Red 7 6 2141 Cherry, Black 65 2142 Oak, Bur 27 6 2143 Oak, Bur 16 5 2144 Oak, Red 24 6 2145 Oak, Bur 17 5 2146 Oak, Bur 22 6 2147 Oak, Bur 29 6 2148 Oak, Red 13 7 2149 Cherry, Black 10 5 2150 Oak, Red 10 6 2151 Oak, Bur 22 6 2152 Cherry, Black 95 2153 Cherry, Black 10 5 2154 Oak, Red 65 2155 Oak, Red 12 6 2156 Oak, Red 21 6 2157 Oak, Red 17 6 2158 Oak, Red 24 6 2159 Oak, Red 21 7 2160 Oak, Bur 7 6 2161 Birch, Paper 85 2162 Oak, Red 7 5 2163 Cherry, Black 17 6 2164 Cherry, Black 13 6 2165 Aspen 15 6 2166 Cherry, Black 14 5 2167 Oak, Bur 33 7 2168 Aspen 12 5 2169 Aspen 13 6 2170 Aspen 14 4 2171 Oak, Bur 23 6 2172 Oak, Bur 18 7 2173 Oak, Bur 18 4 2174 Oak, Bur 21 5 2175 Oak, Bur 10 6 2176 Oak, Bur 20 4 2177 Oak, Bur 28 7 2178 Oak, Bur 16 7 2179 Oak, Bur 23 7 2180 Oak, Bur 26 7 2181 Birch, Paper 18 5 2182 Oak, Bur 14 5 2183 Cherry, Black 14 4 2184 Oak, Bur 26 7 2185 Oak, Red 22 6 2186 Oak, Bur 21 6 2187 Oak, Bur 19 7 2188 Cherry, Black 96 2189 Oak, Bur 10 6 2190 Cherry, Black 95 2191 Cherry, Black 12 5 2192 Oak, Red 14 7 2193 Cherry, Black 13 6 2194 Oak, Red 96 2195 Cherry, Black 11 5 2196 Cherry, Black 10 6 2197 Cherry, Black 95 2198 Cherry, Black 85 2199 Cherry, Black 7 5 2200 Aspen 12 5 2201 Oak, Bur 22 4 2202 Cherry, Black 65 2203 Aspen 12 5 2204 Oak, Bur 12 5 2205 Aspen 13 6 2206 Cherry, Black 12 6 2207 Oak, Bur 15 4 2208 Cherry, Black 10 5 2209 Oak, Bur 21 4 2210 Oak, Bur 25 7 2211 Oak, Bur 36 5 2212 Oak, Bur 18 6 2213 Oak, Bur 30 5 2214 Oak, Red 15 4 2215 Oak, Bur 20 5 2216 Oak, Red 32 4 2217 Oak, Red 26 5 2218 Cherry, Black 95 2219 Oak, Bur 24 7 2220 Oak, Bur 18 7 2221 Oak, Bur 19 6 2222 Oak, Bur 12 5 2223 Oak, Red 28 4 2224 Oak, Bur 27 6 2225 Cherry, Black 12 6 2226 Cherry, Black 95 2227 Oak, Bur 27 6 2228 Oak, Bur 22 5 2229 Oak, Bur 24 7 2230 Oak, Bur 22 5 2231 Oak, Red 27 7 2232 Oak, Bur 12 5 2233 Cherry, Black 20 6 2234 Cherry, Black 65 2235 Oak, Bur 21 7 2236 Oak, Red 65 2237 Aspen 13 6 2238 Cherry, Black 20 6 2239 Oak, Bur 18 4 2240 Oak, Bur 16 6 2241 Birch, Paper 65 2242 Cedar, Red 85 2243 Oak, Bur 29 6 2244 Oak, Bur 25 6 2245 Elm, American 13 5 2246 Oak, Bur 28 5 2247 Oak, Bur 21 5 2248 Oak, Bur 15 4 2249 Oak, Bur 15 4 2250 Oak, Red 23 5 2251 Oak, Red 27 4 2252 Oak, Red 21 5 2253 Oak, Red 16 4 2254 Oak, White 15 5 2255 Oak, White 23 5 2256 Oak,White 24 7 2257 Oak, Bur 14 5 2258 Oak, Bur 17 5 2259 Oak, Bur 16 5 2260 Oak, Bur 18 5 2261 Cherry, Black 10 4 2262 Cherry, Black 8 4 2263 Oak, White 33 5 2264 Oak, Bur 21 7 2265 Oak, Bur 26 4 2266 Aspen 16 5 2267 Oak, White 6 4 2268 Cherry, Black 10 4 2269 Cherry, Black 9 4 2270 Boxelder 13 4 2271 Oak, Red 34 5 2272 Cherry, Black 65 2273 Oak, Red 21 6 2274 Cherry, Black 13 6 2275 Oak, Bur 13 5 2276 Cherry, Black 11 5 2277 Boxelder 12 4 2278 Oak, White 12 5 2279 Oak, White 12 5 2280 Oak, White 21 5 2281 Oak, White 16 5 2282 Boxelder 13 4 2283 Oak, White 12 5 2284 Oak, White 13 4 2285 Cherry, Black 11 5 2286 Oak, Bur 25 6 2287 Oak, Bur 25 6 2288 Cherry, Black 7 5 2289 Cherry, Black 95 2290 Oak, Bur 26 5 2291 Cherry, Black 74 2292 Cherry, Black 21 5 2293 Oak, Bur 26 6 2294 Cherry, Black 8 4 2295 Cherry, Black 9 4 2296 Oak, Red 24 6 2297 Oak, Red 96 2298 Oak, Red 16 5 2299 Oak, Red 21 6 2300 Oak, White 26 6 2301 Boxelder 17 5 2302 Cherry, Black 9 4 2303 Elm, American 12 5 2304 Cherry, Black 16 7 2305 Boxelder 14 4 2306 Oak, Red 23 7 2307 Cherry, Black 74 2308 Cherry, Black 13 5 2309 Cherry, Black 65 2310 Cherry, Black 96 2311 Oak, White 19 6 2312 Maple, Silver 25 4 2313 Aspen 17 4 2314 Aspen 17 4 2315 Aspen 25 4 2316 Aspen 12 5 2317 Oak, Red 29 6 2318 Oak, Red 24 5 2319 Cherry, Black 8 4 2320 Oak, Red 10 6 2321 Oak, Red 12 6 2322 Oak, White 15 5 2323 Cherry, Black 27 4 2324 Cherry, Black 11 5 2325 Aspen 14 5 2326 Cherry, Black 11 5 2327 Oak, Red 12 5 2328 Oak, Bur 15 5 2329 Cherry, Black 10 5 2330 Cherry, Black 16 5 2331 Oak, White 95 2332 Cherry, Black 17 6 2333 Oak, White 85 2334 Oak, Red 12 6 2335 Cherry, Black 6 4 2336 Cherry, Black 12 5 2337 Cherry, Black 11 6 2338 Cherry, Black 8 4 2339 Cherry, Black 9 4 2340 Cherry, Black 15 5 2341 Oak, Red 85 2342 Oak, Bur 26 5 2343 Oak, White 13 5 2344 Oak, Red 35 5 2345 Cherry, Black 14 5 2346 Oak, Red 50 5 2347 Oak, Red 95 2348 Oak, Red 28 6 2349 Oak, Red 27 5 2350 Oak, Red 34 5 2351 Oak, Red 19 4 2352 Boxelder 27 4 2353 Boxelder 16 4 2354 Oak, Red 22 6 2355 Oak, Red 26 6 2356 Oak, Red 55 5 2357 Oak, Red 35 5 2358 Oak, Red 38 5 2359 Oak, Red 48 4 2360 Oak, Red 24 6 2361 Oak, Red 17 6 2362 Oak, Red 37 5 2363 Oak, Bur 30 5 2364 Oak, Red 65 5 2365 Oak, Bur 15 5 2366 Cherry, Black 9 4 2367 Oak, Bur 16 5 2368 Oak, Red 40 5 2369 Cherry, Black 10 5 2370 Oak, Bur 13 5 2371 Oak, Red 28 5 2372 Oak, Red 48 5 2373 Oak, Red 6 4 *Tag Number: Round, silver tag located at eye-level on tree. Tags are located at the same side of each tree, when possible. **Species: Tree's common name. ***Tree Diameter: Measured at 4.5 feet above ground level. Multiple stems are measured taking the largest stem and adding half of all other stems. ****Condition: Health of Tree based on a scale from 0 - 9. Zero being a dead tree and 9 being a perfect tree. Trees 0 -3 are considered unhealthy. CA D D U S E R : A n d r e w M o n t g o m e r y F I L E : \ \ D F A P P S 0 1 \ J O B _ F I L E S \ 2 0 1 6 P R OJ E C T S \ 1 6 - 2 1 0 H I D D E N M E A D O W S O F L A K E E L M O \ C A D \ 1 6 - 2 1 0 L A N D S C A P E PL A N _ U P D A T E . D W G P L O T S C A L E : 1 : 1 P L O T D A T E : 5 / 1 6 / 2 0 1 7 1 1 : 5 3 A M REVISIONS BY REMOVALS TR E E I N V E N T O R Y TA B U L A T I O N L-002 DRAWN BY CHECKED BY JOB NO. DATE SHEET 40 1 2 n d A v e n u e N o r t h , S u i t e 4 1 0 Mi n n e a p o l i s , M N 5 5 4 0 1 P . 6 1 2 . 3 3 2 . 7 5 2 2 Signature: Print Names: Date: License No: HIDDEN MEADOWS LAKE ELMO, MINNESOTA 11 12 139 10 8 7 6 5 4 3 2 109 8 7 6 5 1 1 1 2 2 3 4 OUTLOT F OU T L O T D OUTLOT E BLOCK 4 BLOCK 4 BL O C K 2 BLOCK 3 To Co CoCo Co Co Co Co Co Co Co JsJs Js ToToJsJs Js Pg Pg Pg Pd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd 3 L-003 QbQbQb Co Af AfAf Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Af Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Tc Qb Qb Qb Qb Qb Qb Qb Qb Tc TcTc Tc Tc Tc Tc Tc Tc Tc Co Co Co Co Co Co Co Ag Ag Ag Ag Ag Ag Co Sr Sr Ag Cc Cc Cc Cc Ag Ag Cc Sr Tc Co Co Co Co Co Tc Tc Cc Ag Cc Cc Cc Cc Ag Tc Ag Cc Af Af Af Af Af Tc Tc BpBpBpBp Bp Bp BpBpBp BpBpBp Co Co Co Co Landscape Requirements based on disturbed area (§154.258 Landscape Requirements) Tree planting requirements = 5 trees / acre disturbed Trees Required (cal inches) Trees Planted (cal inches) 30 acres distrubed 150 (375 cal in)157 (471 cal in) Landscape Requirements based on street frontage (§154.258 Landscape Requirements) Tree planting requirements = 1 tree / 50 linear feet Trees Required (cal inches) Trees Planted (cal inches) 6657 linear feet of roads 133 (333 cal in)146 (348.5 cal in) 3" DEPTH SHREDDED HARDWOOD MULCH - DO NOT PLACE MULCH AGAINST TREE TRUNK. ROOT FLARE EVEN WITH FINISH GRADE + 1". EXCAVATE TREE PIT DIAMETER 12" WIDER THAN BALL MIN. DEGLAZE SIDES OF PIT. REMOVE BURLAP, TWINE AND WIRE FROM TOP 12 OF BALL. BACKFILL WITH PLANTING SOIL IN 8" LIFTS, WATER AND TAMP EACH LIFT TO ELIMINATE VOIDS. SET BALL ON UNDISTURBED OR COMPACTED SOIL. NOTE: STAKE TREES AS DICTATED BY SITE CONDITIONS. CONFIRM WITH LANDSCAPE ARCHITECT. 1 TREE PLANTING DETAIL SCALE: 1/2" = 1'-0" TREE SCHEDULE DECIDUOUS SHADE TREES SYMBOL SCIENTIFIC NAME COMMON NAME QUANTITY SIZE ACER x FREEMANII AUTUMN BLAZE MAPLE 32 2.5" CAL B&B CELTIS OCCIDENTALIS HACKBERRY 29 2.5" CAL B&B TILLIA CORDATA LITTLELEAF LINDEN 37 2.5" CAL B&B QUERCUS BICOLOR SWAMP WHITE OAK 11 2.5" CAL B&B ORNAMENTAL TREES SYMBOL SCIENTIFIC NAME COMMON NAME QUANTITY SIZE AMELANCHIER × GRANDIFLORA AUTUMN BRILLIANCE 12 2" CAL B&B AUTUMN BRILLIANCE' SINGLE STEM SERVICEBERRY BETULA PLATYPHYLLA 'FARGO'DAKOTA PINNACLE BIRCH 12 2" CAL B&B CRATAEGUS CRUSGALLI 'INNERMIS'THORNLESS COCKSPUR 11 2" CAL B&B SINGLE STEM HAWTHORN SYRINGA RETICULATA JAPANESE TREE LILAC 3 2" CAL B&B CONIFEROUS TREES SYMBOL SCIENTIFIC NAME COMMON NAME QUANTITY SIZE JUNIPERUS SCOPULORUM 'MEDORA'MEDORA JUNIPER 42 #25 CONT or 6' BB PICEA DENSATA BLACK HILLS SPRUCE 37 #25 CONT or 6' BB PICEA GLAUCA WHITE SPRUCE 39 #25 CONT or 6' BB THUJA OCCIDENTALIS 'TECHNY'TECHNY ARBORVITAE 39 #25 CONT or 6' BB Af Bp Qb Js Ag Co Tc Cc Sr Pg To Pd LANDSCAPE NOTES: 1. SEED GRADED AREAS WITHIN 50 FEET OF WATER WITH MnDOT 33-261 NATIVE GRASS SEED AT 30 lbs/acre. 2. UNLESS OTHERWISE NOTED, SEED ALL GRADED AREAS WITH MnDOT 35-221 NATIVE GRASS SEED AT 30 lbs/acre. 3. TREE LOCATIONS MUST BE FIELD LOCATED AND INSPECTED BY THE CITY PRIOR TO INSTALLATION. Tog PgPgJsJs JsPd PdPdToTo ToPg PgPgJsJs JsPd PdPdToTo ToPg PgPgJs CA D D U S E R : A n d r e w M o n t g o m e r y F I L E : \ \ D F A P P S 0 1 \ J O B _ F I L E S \ 2 0 1 6 P R OJ E C T S \ 1 6 - 2 1 0 H I D D E N M E A D O W S O F L A K E E L M O \ C A D \ 1 6 - 2 1 0 L A N D S C A P E PL A N _ U P D A T E . D W G P L O T S C A L E : 1 : 1 P L O T D A T E : 5 / 1 6 / 2 0 1 7 1 1 : 5 3 A M DRAWN BY CHECKED BY JOB NO. DATE REVISIONS BY SHEET LA N D S C A P E P L A N L-003 40 1 2 n d A v e n u e N o r t h , S u i t e 4 1 0 Mi n n e a p o l i s , M N 5 5 4 0 1 P . 6 1 2 . 3 3 2 . 7 5 2 2 CA D D U S E R : A n d r e w M o n t g o m e r y F I L E : \ \ D F A P P S 0 1 \ J O B _ F I L E S \ 2 0 1 6 P R OJ E C T S \ 1 6 - 2 1 0 H I D D E N M E A D O W S O F L A K E E L M O \ C A D \ 1 6 - 2 1 0 L A N D S C A P E PL A N _ U P D A T E . D W G P L O T S C A L E : 1 : 1 P L O T D A T E : 5 / 1 6 / 2 0 1 7 1 1 : 5 3 A M NORTH 0 100'50'200' SCALE 1"=100' Signature: Print Names: Date: License No: 3 TREE BUFFER, TYP. 1"=20'2 TREE PLANTING PLAN 1"=100' HIDDEN MEADOWS LAKE ELMO, MINNESOTA 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 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: 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 Resolution No. 2017-071 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2017-071 A RESOLUTION APPROVING 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. •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. 2 Resolution No. 2017-071 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 Date: Proof: 5/31/17 4’ x 8’ (Rihm Kenworth)233’ fence marker 4’ x 16’ Gorman’s Restaurant in center... 4’ x 8’ signs on each side 1 NOTE: Please review your proof carefully for Spelling Errors, Size, Quantity, Color & ALL content. 266’ fence marker Date: Proof: 5/31/17 4’ x 8’ 4’ x 16’ (2 @ 4’ x 8’ panels installed next to each other) 1 NOTE: Please review your proof carefully for Spelling Errors, Size, Quantity, Color & ALL content. Impression Signs and Graphics 680 Hale Ave N. #250 Oakdale MN 55128 United States Phone: (651) 328-6601 Fax : (651) 328-6608 eric@impressionsigns.com for Quote : eric@impressionsigns.com www.impressionsigns.com EIN # : 46-2454941 Quote 3680 - 8'x4' Composite Aluminum Panels Expiration Date : 08/22/2017 Quote for Contact Shipping/Install City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN 55042 Emily Becker Phone : (651) 747-3912 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 eric@impressionsigns.com (612) 401-4450 Cash Customer Items #Item Qty Unit Price Total (Ex. Tax) Tax Total (With Tax) 1 Digital Print on Max Metal Single Sided 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. 1 $400.00 $400.00 $0.00 $400.00 2 Digital Print on Max Metal Single Sided 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. 1 $730.00 $730.00 $0.00 $730.00 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