HomeMy WebLinkAbout2-20-18 CC packet #1CITY OF LAKE ELMO
CITY COUNCIL MINUTES
FEBRUARY 7, 2018
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, Jill Lundgren and Christine
Nelson. ABSENT: Councilmember Julie Fliflet
Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning
Director Becker, Fire Chief Malmquist, Assistant Administrator Foster and City Clerk Johnson.
APPROVAL OF AGENDA
Item 6, “Approve Chicken Ordinance,” Item 4, “Approve Drug Testing and Drug Free Workplace
Policies,” and Item 5, “Approve Service Agreements with Industrial Health Services Network”
were moved to the Regular Agenda.
Councilmember Lundgren, seconded by Councilmember Bloyer moved TO APPROVE THE
AGENDA AS AMENDED. Motion passed 4 – 0.
ACCEPT MINUTES
Minutes of the January 16, 2018 Regular Meeting were accepted as presented.
PUBLIC COMMENTS/INQUIRIES
None
PRESENTATIONS
None
CONSENT AGENDA
2. Approve Payment of Disbursements and Payroll
3. Approve Extension of Comcast Cable Franchise Agreement
4. Approve Drug Testing and Drug Free Workplace Policies
5. Approve Service Agreements with Industrial Health Services Network (IHSN)
6. Approve Chicken Ordinance-Ordinance No 08-196
7. Approve Consultant for Brookfield Building Fit Test/Analysis
8. Approve Old Village Ph3 Street & Utility Improvements – Change Order No. 4.
9. Approve Old Village Ph3 Street & Utility Improvements – Pay Request No. 6.
10. Approve Private Development Security Reductions – Easton Village 2nd & Easton Village 3rd.
11. Approve 5th Street North – Resolution Authorizing MnDOT to Perform Speed Zone Study
12. Approve Non Profit Donation Policy
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 7, 2018
Page 2 of 6
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE
CONSENT AGENDA AS PRESENTED. Motion passed 4 - 0.
ITEM 13: Wyndham Village Subdivision Sketch Plan Review & Comprehensive Plan
Amendment
Planning Director Becker stated that the developer is requesting an extension of time to allow for
further revisions to the plan.
Joe Bush, J.P. Bush Homes, stated that he has been working to address Council and staff
concerns and requested an extension to April 18, 2018.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO TABLE TO THE
APRIL 17TH MEETING OR EARLIER IF THE DEVELOPER AGREES. Motion passed 4 –
0.
ITEM 14: Legacy at North Star Preliminary Plat and PUD Plans
Planning Director Becker reviewed the proposal for preliminary plat and PUD approval and
reviewed recommended conditions.
Joe Chavez, 3505 Kelvin Avenue N., spoke in support of the development and commented on
potential trespassing onto his property from the trail in the Hamlet neighborhood.
Craig Allen, GWSA Land Development, commented on the proposed buffer, noting that it would
be difficult to achieve a 50 foot buffer on the north border of the development. Discussion was
also held concerning fencing around the ponds and acquiring right of way to the south of the
proposed development.
Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE TO A FUTURE
MEETING. Motion passed 4 – 0.
ITEM 15: Short Term Rental Ordinance Amendment
Planning Director Becker presented the proposed ordinance revisions to allow for short term
home rentals in certain zoning districts.
Pat Dean, 8028 Hill Trail, asked that the Council consider allowing short term rentals throughout
the City, lengthen the length of stay restriction and lower the proposed fee.
Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT ORDINANCE 08-
197 AMENDING THE ALLOWED USE OF BED AND BREAKFASTS WITHIN THE CITY.
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 7, 2018
Page 3 of 6
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE
PRIMARY MOTION TO ADD RURAL RESIDENTIAL AND RURAL ESTATES AS AREAS
ALLOWED. Motion passed 3 – 1. (Lundgren – nay)
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE
PRIMARY MOTION BY STRIKING THE NOTICE REQUIREMENT IN SECTION 6.A.1.d.
Motion passed 3 – 1. (Lundgren – nay)
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE
PRIMARY MOTION BY STRIKING THE LANGUAGE IN SECTION 7 DEFINING AN
OWNER OCCUPIED RESIDENCE. Motion passed 3 – 1. (Lundgren – nay)
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE
PRIMARY MOTION BY STRIKING SECTION 6.A.2. Motion passed 4 – 0.
Councilmember Bloyer, seconded by Councilmember Nelson, moved T0 AMEND THE
PRIMARY MOTION BY STRIKING SECTION 6.A.3. Mayor Pearson moved TO AMEND
THE MOTION BY ADDING A 3 DAY MINIMUM AND 30 DAY MAXIMUM STAY.
Amendment failed – no second. Motion passed 3 – 1. (Lundgren – nay)
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE
PRIMARY MOTION BY LIMITING GUEST STAYS TO UP TO 30 DAYS. Motion passed 3
– 1. (Lundgren – nay)
Primary motion as amended passed 3 – 1. (Lundgren – nay)
Mayor Pearson, seconded by Councilmember Bloyer, moved T0 ADOPT ORDINANCE 08-
200 AMENDING THE CITY’S FEE SCHEDULE TO INCLUDE A BED AND BREAKFAST
PERMIT FEE. Motion passed 3 – 0 – 1. (Lundgren – abstain)
Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION
2018-014 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-197 AND
ORDINANCE 08-200. Motion passed 4 – 0.
ITEM 16: Fairfield Inn Final PUD and CUP
Planning Director Becker reviewed the application for construction of a 90 unit Fairfield Inn
hotel in the Eagle Point Business Park.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2018-008 APPROVING THE REQUEST BY CENTRAL DESIGN GROUP,
LLC FOR APPROVAL OF FINAL PLANNED UNIT DEVELOPMENT PLANS
ASSOCIATED WITH A 90 UNIT HOTEL TO BE LOCATED ON LOT 1, BLOCK 1, HOA
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 7, 2018
Page 4 of 6
2ND ADDITION, SUBJECT TO THE CONDITIONS OF APPROVAL AS RECOMMENDED
BY STAFF. Motion passed 4 – 0.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT
RESOLUTION 2018-009 APPROVING THE REQUEST BY CENTRAL DESIGN GROUP,
LLC FOR APPROVAL OF A CONDITIONAL USE PERMIT ASSOCIATED WITH A 90
UNIT HOTEL TO BE LOCATED ON LOT 1, BLOCK 1, HOA 2ND ADDITION, SUBJECT
TO THE APPROVAL OF FINAL PLANNED UNIT DEVELOPMENT PLANS. Motion
passed 4 – 0.
ITEM 17: Solar Ordinance
Planning Director Becker presented the proposed ordinance amending the City’s zoning code
related to solar energy systems and solar farms.
Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT ORDINANCE 08-
198 APPROVING AMENDMENTS TO THE SOLAR ORDINANCE.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE
PRIMARY MOTION BY STRIKING LANGUAGE IN SECTION 2.2 REQUIRING
SIGNAGE. Mayor Pearson, seconded by Councilmember Lundgren, moved TO AMEND
THE MOTION BY STRIKING SECTION 2.2 AND REPLACING WITH A REQUIREMENT
FOR AT LEAST ONE SIGN IN CONSULTATION WITH PUBLIC SAFETY OFFICIALS.
Amendment failed 2 – 2. (Bloyer, Nelson –nay) Motion to amend failed 2 – 2. (Lundgren,
Nelson – nay)
Primary motion passed 4 – 0.
Councilmember Lundgren, seconded by Councilmember Nelson, moved TO ADOPT
RESOULTION 2018-010 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE
08-198. Motion passed 4 – 0.
ITEM 18: Windpower Ordinance
Planning Director Becker reviewed the proposed ordinance amendments to update the wind
generator ordinance.
Councilmember Lundgren, seconded by Councilmember Nelson, moved TO ADOPT
ORDINANCE 08-199 APPROVING PROPOSED AMENDMENTS TO THE CITY’S WIND
GENERATOR REGULATIONS. Motion passed 4 – 0.
Councilmember Lundgren, seconded by Councilmember Nelson, moved TO ADOPT
RESOLUTION 2018-011 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE
08-199. Motion passed 4 – 0.
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 7, 2018
Page 5 of 6
Mayor Pearson, seconded by Councilmember Bloyer, moved TO RECONSIDER THE SOLAR
ORDINANCE. Motion passed 4 – 0.
Mayor Pearson, seconded by Councilmember Lundgren, moved TO STRIKE PARAGRAPH
10, SECTION 2 RELATED TO RESTRICTIONS ON SOLAR ENERGY SYSTEMS Motion
passed 3 – 1. (Bloyer – nay)
ITEM 19: CSAH15/CSAH14 Realignment – Resolution Approving Cooperative Agreements
Councilmember Lundgren, seconded by Councilmember Nelson, moved TO APPROVE
RESOLUTION 2018-012 APPROVING COOPERATIVE AGREEMENT 11400,
COOPERATIVE AGREEMENT 11522, AND COOPERATIVE MAINTENANCE
AGREEMENT 11523 FOR THE CSAH15 AND CSAH14 REALIGNMENT
IMPROVEMENTS. Motion passed 4 – 0.
ITEM 20: Finance Director – Job Description and Posting
Assistant Administrator Foster provided an overview of the proposed Finance Director job
description and posting.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE
JOB DESCRIPTION AND UATHROIZE ADVERTISING FOR FINANCE DIRECTOR.
Motion passed 4 – 0.
ITEM 21: Personnel Policy Amendment for Substitute Firefighters
Fire Chief Malmquist reviewed the proposed policy amendment to allow Paid on Call
Firefighters to fill part time shifts.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO AMEND THE
PERSONNEL POLICY TO CREATE THE SUBSTITUTE FIREFIGHTER EMPLOYMENT
CATEGORY UNDER THE DEFINITIONS SECTION. Motion passed 4 – 0.
ITEM 4: Approve Drug Testing and Drug Free Workplace Policies
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO TABLE ITEM 4.
Motion passed 4 – 0.
ITEM 5: Approve Service Agreements with Industrial Health Services Network
Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO TABLE ITEM 5.
Motion passed 4 – 0.
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 7, 2018
Page 6 of 6
ITEM 6: Approve Chicken Ordinance
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO TABLE ITEM 6.
Motion passed 3 - 1. (Lundgren – nay)
COUNCIL REPORTS
Mayor Pearson: Attended the library grand re-opening, holding a visit with the Mayor on Friday,
February 9th, attended the staff and volunteer appreciation party, thanked Wally Nelson for his
service on the Finance Committee and reminded residents of the 2018 Kindness Campaign.
Councilmember Nelson: Thanked Wally Nelson for his service and announced grand opening of
the Sally Manzara Nature Center is tentatively scheduled for June 2nd.
Councilmember Lundgren: Announced a planning meeting for the farmers market will be held
in March at the library.
Councilmember Bloyer: Thanked Wally Nelson for his service to the City, thanked Mr. Stoudt
for use of his facility for the staff and volunteer appreciation party.
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Reported on water issues that could impact the City, welcomed the
public to an open house on February 15th for feedback on the space needs study.
City Attorney Sonsalla: Will be attending the city attorney conference.
Planning Director Becker: Reported that a comp plan advisory committee meeting will be held
at the end of the month.
City Engineer Griffin: Held a neighborhood meeting for input on the Old Village Phase 4
project. Reported that the Inwood water tower is operational.
Fire Chief Malmquist: Reported on the Safe Haven program, hydrant shoveling and joint
training with the Oakdale Fire Department.
Meeting adjourned at 9:56 pm.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: February 20, 2018
CONSENT
ITEM #: 3
TO: Lake Elmo City Council
FROM: Dan Raboin
AGENDA ITEM: Monthly Assessor Report
REVIEWED BY: Kristina Handt, City Administrator
SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council
is asked to accept the monthly assessor report for January 2018 outlining work performed on behalf
of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the
Consent Agenda.
MONTHLY ACTIVITY:
Property splits/plats – 0 Split/merge, 0 Plats
Sales collected and viewed – 18
Taxpayer inquiries – 4
Miscellaneous inquiries - 7
Inspections – Residential – 131
Inspections – Commercial - 4
Building permit reviews – 26
Pictures taken – 142
Other work performed included:
• Completion of 2018 Assessment
• Working on sales analysis, land values, neighborhood values and miscellaneous edit
lists
• Monthly meeting with County residential and commercial supervisors.
• When not working in the field/inspections: Computer work includes but not limited to;
data entry for all properties inspected, permit information, sales verification using
MLS and other resources, and telephone inquiries.
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
accept the January 2018 monthly assessor report.
MAYOR AND COUNCIL COMMUNICATION
DATE: 2/20/2018
CONSENT
ITEM #: 4
AGENDA ITEM: Public Works Director Report
SUBMITTED BY: Rob Weldon, Public Works Director
REVIEWED BY: Kristina Handt, City Administrator
ISSUE BEFORE COUNCIL:
City Council is asked to review and accept, as part of Consent Agenda, a brief description of activities
that have taken place in the Public Works Department in the month of January 2018.
PROPOSAL DETAILS/ANALYSIS:
•Obtain quotes for PW ceiling fans
•Schedule 2018 Generator Maint.
•Update PW Safety Inspection Sheets
•Update City wide Safety Policy
•Attend DNR Water Management Mtg.
•Beehive Asset Management Training w/ FOCUS
•Inwood Ave Water Tower filling and testing
•Wellhead Protection Plan Mtg.
•Submit Part 1 of Annual Water Report
•Water Main break on 30th St. N
•Submit Washington Co. Haz-Mat License
•3 Plow trucks to Little Falls for repairs after striking islands at intersections
•Submit Tier II Report
•5 snow events
•Rink flooding
•Quotes for new plow truck and 1-ton
RECOMMENDATION:
Base on the activities listed above, City Council is respectfully asked to accept the January 2018 Public
Works Report.
Tl tr. CITY Of' L;\KEELMO
TO: City Council
STAFF REPORT
DATE: 2/20/2018
REGULAR #5
MOTION
FROM: Michael Bent, Building Official
AGENDA ITEM: Approve Monthly Building Depaiiment Report for January 2018
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
ISSUE BEFORE COUNCIL:
As paii of its Consent Agenda, the City Council is asked to accept the monthly Building
Department report. No specific motion is needed, as this is recommended to be part of the overall
approval of the Consent Agenda.
PROPOSAL DETAILS/ ANALYSIS:
Below is a snapshot of the monthly statistics for January 2018. Comparison data is also include
from prior years for January for new home single family construction and total permitting activity
for the month. Attached are the system smmnary rep01is breaking out this information further,
including the statistics related to the inspection activity.
New Homes
Total Valuation
Average Home Value
Total Permit Valuation YTD
Total Residential Units YTD
FISCAL IMP ACT:
None
OPTIONS:
RECOMMENDATION:
2018
15
$6,192,463
$412,831
$6,683,796
15
2017
21
$8,028,310
$382,300
$8,253,924
21
Motion to accept the January 2018 monthly building permit report as presented.
ATTACHMENTS:
I.Valuation Report
2.Pennits Issued & Fees Rep01i
3.Inspection statistic report for January 2018
4.YTD Building Department Revenue Rep01t
2016
8
$2,511,681
$313,960
$9,115,875
8
STAFF REPORT
DATE: February 20, 2018
CONSENT
ITEM #: 6
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Month End Fire Department Update for January 2018
REVIEWED BY: Kristina Handt, City Administrator
ISSUE BEFORE COUNCIL: Review month end activity update from fire department. Advise on
any additional information requested.
PROPOSAL DETAILS/ANALYSIS:
We had 34 calls in January.
6 Fire Alarms
2 Dispatched and Cancelled en route
19 Medicals
2 Gas leaks
5 Car accidents with injuries
34 Total
A Command vehicle did not respond on 7 calls for a response rate of 83%. Our average response time
was 6.9 minutes from alarm to arrival. 13 calls had 3 or less responders minus the Duty Officer with 4
calls having only 1 personnel on the first due apparatus.
Important to point out that our response time this month improved by nearly a half minute. This was
mostly due to the bulk of calls coming in during shift time so personnel were working which allowed the
trucks to be en route much faster. The only personnel to respond to 6 calls this month were comprised
exclusively of shift work personnel.
Safe Haven is in the works. The entire community was blanketed with the SAFE HAVEN home survey
this month and an article was written about the program in the Oakdale Review. There has also been
some requests coming in from community organizations and businesses as to how they can support or
help with the program.
Truck Committee continues to meet and is putting the final touches on the specifications for the
Rescue/Engine.
Drills for the month:
#1-CEU - Solar Panels
#2-Department updates/SOG updates
#3-Fire fighter Survivability – combined training with Oakdale Fire using our future burn house
#4-Emergency Vehicle Operations driving course was completed by 8 personnel at Dakota
County Tech
STAFF REPORT
DATE: February 20, 2018
CONSENT #7
AGENDA ITEM: Step Increase, Planning Director
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
Per the city’s Compensation Policy, “A probationary employee may advance to the next pay step after
satisfactorily completing six months of employment which meets performance expectations, subject to
approval of the City Council… Determination of satisfactory performance must be recommended by the
immediate supervisor on forms prescribed by the City Administrator.”
Emily Becker was appointed Planning Director effective August 21, 2017. Her probationary period will
end February 21, 2018. On February 7th, a probationary performance review was completed, discussed by
the employee and City Administrator. The discussion included a review of performance as it relates to
the Planning Director essential functions and sets out goals for the next review period.
ISSUE BEFORE COUNCIL:
Should the Council approve a step increase for Director Becker?
PROPOSAL:
I am recommending Director Planning receive one step increase effective February 21, 2018. She was
hired at the grade minimum and would move to step 2 in the non-represented pay plan. Step two is a
biweekly pay rate of $3,092.80.
FISCAL IMPACT:
Employee wage adjustments consistent with the Compensation Policy and Pay Plan were included in the
2018 budget.
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve a step increase to $3,092.80 bi weekly for Director Becker effective February 21,
2018.”
ATTACHMENTS:
• None
STAFF REPORT
DATE: February 20, 2018
CONSENT
ITEM #: 8
AGENDA ITEM: I-94 Lift Station (No. 1) & Sanitary Sewer Imp. – Pay Request No. 2
SUBMITTED BY: Chad Isakson, Project Engineer
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director
Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 2 for the I-94 Lift Station
(No. 1) and Sanitary Sewer Improvements?
BACKGROUND: RL Larson Excavating, Inc. was awarded a construction contract to complete the I-94
Lift Station (No. 1) and Sanitary Sewer Improvements on May 2, 2017.
PROPOSAL DETAILS/ANALYSIS: RL Larson Excavating, Inc. has submitted Partial Pay Request No.
2 in the amount of $85,810.54. The request has been reviewed and payment is recommended in the amount
requested. In accordance with the contract documents, the City has retained 5% of the total work completed.
The amount retained is $41,162.70.
FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project.
Payment remains within the authorized scope and budget.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, Pay Request No. 2 for the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements. If removed
from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Pay Request No. 2 to RL Larson Excavating, Inc. in the amount of $85,810.54 for
the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements project”.
ATTACHMENTS:
1. Partial Pay Estimate No. 2.
PARTIAL PAY ESTIMATE NO. 2
I‐94 LIFT STATION (NO. 1) AND SANITARY SEWER IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2016.134
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
1 LS 1
$30,000.00 $30,000.00 0.00 $0.00 1.00 $30,000.00
2 LS 1
$6,300.00 $6,300.00 0.10 $630.00 1.00 $6,300.00
3 LS 1
$33,000.00 $33,000.00 0.00 $0.00 1.00 $33,000.00
4 EA 5
$315.00 $1,575.00 0.00 $0.00 5.00 $1,575.00
5 SY 1,500
$4.00 $6,000.00 0.00 $0.00 1,510.00 $6,040.00
6 SY 30
$10.00 $300.00 0.00 $0.00 9.10 $91.00
7 LF 80
$10.00 $800.00 0.00 $0.00 83.00 $830.00
8 LF 180
$10.00 $1,800.00 0.00 $0.00 180.00 $1,800.00
9 LF 1,770
$4.00 $7,080.00 0.00 $0.00 1,767.00 $7,068.00
10 LF 175
$10.00 $1,750.00 0.00 $0.00 173.00 $1,730.00
11 EA 7
$500.00 $3,500.00 0.00 $0.00 7.00 $3,500.00
12 LF 20
$10.00 $200.00 0.00 $0.00 0.00 $0.00
13 EA 1
$55.00 $55.00 0.00 $0.00 1.00 $55.00
14 EA 1
$130.00 $130.00 1.00 $130.00 1.00 $130.00
15 EA 4
$160.00 $640.00 3.00 $480.00 4.00 $640.00
16 LF 1,300
$2.50 $3,250.00 68.00 $170.00 1,537.00 $3,842.50
17 EA 2
$4,200.00 $8,400.00 ‐1.00 ‐$4,200.00 2.00 $8,400.00
18 EA 5
$1,500.00 $7,500.00 0.00 $0.00 5.00 $7,500.00
19 EA 2
$1,605.00 $3,210.00 0.00 $0.00 2.00 $3,210.00
20 LF 445
$45.00 $20,025.00 0.00 $0.00 443.00 $19,935.00
21 LF 920
$46.00 $42,320.00 0.00 $0.00 920.00 $42,320.00
22 LF 55
$117.00 $6,435.00 0.00 $0.00 28.00 $3,276.00
23 LF 356
$56.00 $19,936.00 0.00 $0.00 356.00 $19,936.00
24 LF 20
$93.00 $1,860.00 0.00 $0.00 55.00 $5,115.00
25 EA 1
$3,317.00 $3,317.00 0.00 $0.00 1.00 $3,317.00
26 EA 5
$1,025.00 $5,125.00 0.00 $0.00 5.00 $5,125.00
27 EA 7
$3,500.00 $24,500.00 0.00 $0.00 8.00 $28,000.00
28 VF 12
$120.00 $1,440.00 0.00 $0.00 20.66 $2,479.20
29 EA 1
$4,200.00 $4,200.00 0.20 $840.00 1.00 $4,200.00
30 CY 50
$20.00 $1,000.00 0.00 $0.00 50.00 $1,000.00
31 CY 50
$50.00 $2,500.00 0.00 $0.00 50.00 $2,500.00
32 LF 1,792
$1.35 $2,419.20 0.00 $0.00 0.00 $0.00
33 LS 1
$350,000.00 $350,000.00 0.05 $17,500.00 0.95 $332,500.00
34 LS 1
$53,000.00 $53,000.00 0.00 $0.00 1.00 $53,000.00
35 LS 1
$28,000.00 $28,000.00 0.00 $0.00 1.00 $28,000.00
36 EA 3
$750.00 $2,250.00 0.00 $0.00 3.00 $2,250.00
37 EA 2
$1,650.00 $3,300.00 0.00 $0.00 2.00 $3,300.00
38 LF 60
$44.00 $2,640.00 0.00 $0.00 24.00 $1,056.00
39 LF 20
$20.00 $400.00 0.00 $0.00 0.00 $0.00
40 LF 32
$47.00 $1,504.00 0.00 $0.00 32.00 $1,504.00
41 EA 2
$1,064.00 $2,128.00 0.00 $0.00 2.00 $2,128.00
42 LF 120
$33.00 $3,960.00 60.00 $1,980.00 60.00 $1,980.00
43 EA 4
$350.00 $1,400.00 2.00 $700.00 2.00 $700.00
44 CY 6
$70.00 $420.00 0.00 $0.00 6.00 $420.00
45 LS 1
$5,000.00 $5,000.00 0.00 $0.00 1.00 $5,000.00
46 SY 450
$15.75 $7,087.50 477.00 $7,512.75 477.00 $7,512.75
47 CY 450
$35.00 $15,750.00 0.00 $0.00 562.21 $19,677.35
48 SY 130
$2.00 $260.00 0.00 $0.00 0.00 $0.00
49 CY 125
$12.00 $1,500.00 0.00 $0.00 89.96 $1,079.52
50 TON 700
$20.00 $14,000.00 69.41 $1,388.20 1,195.00 $23,900.00
51 TON 450
$89.00 $40,050.00 510.00 $45,390.00 510.00 $45,390.00
52 LF 80
$37.00 $2,960.00 7.00 $259.00 90.00 $3,330.00
53 SF 130
$10.50 $1,365.00 3.00 $31.50 65.00 $682.50
54 EA 1
$800.00 $800.00 0.00 $0.00 0.25 $200.00
55 SF 12
$51.00 $612.00 0.00 $0.00 0.00 $0.00
56 EA 1
$500.00 $500.00 1.00 $500.00 1.00 $500.00
57 EA 1
$350.00 $350.00 1.00 $350.00 1.00 $350.00
58 LF 1
$1,000.00 $1,000.00 0.00 $0.00 1.00 $1,000.00
59 EA 1
$360.00 $360.00 0.00 $0.00 1.00 $360.00
60 SF 9
$55.00 $495.00 9.00 $495.00 9.00 $495.00
61 EA 6
$100.00 $600.00 6.00 $600.00 6.00 $600.00
62 LF 1,000
$1.26 $1,260.00 1,553.00 $1,956.78 1,553.00 $1,956.78
63 EA 2
$500.00 $1,000.00 1.00 $500.00 1.00 $500.00
64 HR 5
$140.00 $700.00 9.00 $1,260.00 9.00 $1,260.00
65 SY 6,600
$1.74 $11,484.00 6,469.00 $11,256.06 6,469.00 $11,256.06
66 SY 100
$2.60 $260.00 0.00 $0.00 0.00 $0.00
67 AC 1.3
$210.00 $273.00 1.36 $285.60 1.36 $285.60
68 EA 5
$180.00 $900.00 0.00 $0.00 0.00 $0.00
69 EA 7
$52.00 $364.00 6.00 $312.00 6.00 $312.00
70 LF 200
$3.15 $630.00 0.00 $0.00 0.00 $0.00
$809,129.70 $90,326.89 $805,400.26
TOTALS ‐ BASE CONTRACT $809,129.70 $90,326.89 $805,400.26
CHANGE ORDER NO. 1
CO1‐1 EA 3 5,951.24$ $17,853.72 0 $0.00 3 $17,853.72
TOTALS ‐ CHANGE ORDER NO. 1 $17,853.72 $0.00 $17,853.72
TOTALS ‐ REVISED CONTRACT $826,983.42 $90,326.89 $823,253.98
HYDRANT EXTENSION
EXTEND VALVE BOX
SIGN PANEL, TYPE C
OFF ROAD STRUCTURE MARKER
4" CONCRETE MEDIAN
6" CONCRETE PEDESTRIAN RAMP
TRUNCATED DOME PANELS
ADJUST MANHOLE CASTING
ADJUST GATE VALVE BOX
AGGREGATE BASE, CLASS 6
TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B)
B618 CONCRETE CURB AND GUTTER
18" CM APRON
RIPRAP CLASS III
LIFT STATION SITE GRADING
BITUMINOUS DRIVEWAY PAVEMENT (LIFT STATION)
COMMON EXCAVATION (DRIVEWAY AND STREET PATCHES)
BYPASS PUMPING
SALVAGE AND REINSTALL APRON
SALVAGE AND REINSTALL STORM SEWER STRUCTURE
GEOTEXTILE FOR ROAD STABILIZATION
SELECT GRANULAR BORROW
TELEVISING
CONNECT EXISTING PIPE TO NEW MANHOLE
SUBTOTAL ‐ DIVISION 1 SANITARY SEWER
STREET SWEEPING
PAVEMENT MESSAGE, RIGHT TURN ARROW THERMOPLASTIC (GROUND IN)
TEMPORARY HYDROMULCH
SEEDING
INLET PROTECTION
DITCH CHECK
SALVAGE AND REINSTALL STORM SEWER PIPE
PERFORATED PVC EDGE DRAIN
18" RCP STORM SEWER, CLASS V
18" RCP FLARED END SECTION WITH TRASH GUARD
18" CM DRIVEWAY CULVERT
LIFT STATION
STANDBY GENERATOR
EROSION CONTROL BLANKET
SILT FENCE
ROCK FOUNDATION BORROW
4" SOLID LINE WHITE EPOXY
REMOVE AND DISPOSE OF EXISTING GUARDRAIL
REMOVE AND DISPOSE OF EXISTING SANITARY SEWER PIPE
REMOVE AND DIPSOSE OF EXISTING STORM SEWER PIPE
REMOVE AND DISPOSE OF EXISTING SANITARY SEWER MANHOLE
SAWING BITUMINOUS PAVEMENT
CONNECT TO EXISTING SANITARY SEWER SERVICE
REMOVE AND DISPOSE OF EXISTING EDGE DRAIN
SALVAGE AND REINSTALL MAILBOX
SALVAGE AND REINSTALL SIGN
CORE DRILL CONNECTION TO EXISTING STRUCTURE
4' DIAMETER SANITARY SEWER MANHOLE
4' DIAMETER EXCESS MANHOLE DEPTH
MANHOLE LINER
REMOVAL OF UNSTABLE FOUNDATION MATERIAL
16" PVC, C900 SANITARY SEWER PIPE, 0' ‐ 10' DEEP
16" DIP, CL 50 SANITARY SEWER PIPE, 0' ‐ 10' DEEP
16" SANITARY SEWER OUTSIDE DROP
15" X 6" WYE BRANCH
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
DIVISION 1 ‐ SANITARY SEWER
MOBILIZATION
TREE REMOVAL
REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT
REMOVE AND DISPOSE OF EXISTING CONCRETE CURB AND GUTTER
TRAFFIC CONTROL
PRECAST CONCRETE JERSEY BARRIERS
15" PVC, SDR 35 SANITARY SEWER PIPE, 0' ‐ 10' DEEP
15" PVC, SDR 35 SANITARY SEWER PIPE, 10' ‐ 15' DEEP
15" PVC, SDR 35 SANITARY SEWER PIPE, 15' ‐ 20' DEEP
REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT
REMOVE AND DISPOSE OF EXISTING SIGN
REVISE PUMP DESIGN
STAFF REPORT
DATE: February 20, 2018
CONSENT
ITEM #: 9
AGENDA ITEM: Authorization to Advertise and Hire Summer Interns
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND:
The 2018 budget included intern positions to assist staff in the Finance department and in a GIS capacity
from approximately May thru August. These positions are temporary and not benefit eligible.
ISSUE BEFORE COUNCIL:
Should the Council authorize advertising and hiring of two interns?
PROPOSAL:
Similar to 2017, the City Council is being asked to authorize the advertising for and hiring of the summer
Finance and GIS interns proposed and approved in the 2018 budget.
FISCAL IMPACT:
Wages of approximately $14,000 were approved in the 2018 budget.
OPTIONS:
1) Authorize advertising and hiring interns
2) Authorize advertising and hiring for some but both interns
3) Do not authorize advertising and hiring for any interns
RECOMMENDATION:
If removed from the agenda:
“Move to authorize staff to advertise and hire interns for the Finance and Planning/Building
departments.”
ATTACHMENTS:
• None
STAFF REPORT
DATE: 2/20/2018
CONSENT
ITEM #: 10
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Authorize posting and hiring of Public Works Seasonal Employees
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: Each year the City of Lake Elmo hires seasonal employees to supplement the existing
Public Works Staff with various semi-skilled tasks throughout the city.
ISSUE BEFORE COUNCIL: Should the City Council authorize staff to post and hire up to 4 Seasonal
Public Works Employees?
PROPOSAL DETAILS/ANALYSIS: The addition of seasonal staff in the Public Works Dept. is
paramount to the success and completion of daily tasks and seasonal projects within the city. Seasonal
employees typically assist with park mowing, trimming and general maint; assist with asphalt patching and
road maint; carry out hydrant painting and numerous other small tasks and projects handled by the Public
Works Department. Should the city contract out mowing services only two seasonal employees would be
requested to assist with seasonal tasks.
Duration of seasonal staff employment is dependent on weather, work load and budgeted funds/hours.
Typically, these employees may begin working in the months of April/May and end employment in
September/October.
FISCAL IMPACT: As in previous years, wages for these positions are factored into the adopted 2018
budget. Hourly wage will range from $11 - $14/hour depending on qualifications.
OPTIONS: - Approve posting and hiring of up to 4 Public Works Seasonal Employees.
- Deny posting and hiring of up to 4 Public Works Seasonal Employees.
- Table posting and hiring of up to 4 Public Works Seasonal Employees.
RECOMMENDATION:
Motion to authorize posting and hiring of up to 4 Public Works Seasonal Employees.
ATTACHMENTS: None
STAFF REPORT
DATE: 2/20/2018
CONSENT
ITEM #: 11
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Advertisement for Lawn Mowing RFP
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: In 2014 the City of Lake Elmo sought Requests for Proposals (RFP’) to mow city
property (parks, buildings, and ROW’s). This included weekly mowing of all areas excluding ROW’s
which are mowed on a bi-monthly basis. Staff would like to issue an RFP for these services to be
conducted during the 2018 Mowing Season in an effort to determine competitive pricing versus hiring
additional part-time staff.
ISSUE BEFORE COUNCIL: Should council approve an RFP for Lawn Mowing Services in 2018?
PROPOSAL DETAILS/ANALYSIS: Upon receipt and review of mowing RFP’s it shall be determined
if it is more cost and time effective to contract city lawn mowing services. If RFP’s are found favorable
there could be a reduction in the amount of seasonal staff that is required to undertake these tasks.
Additionally, if contracting mowing services is beneficial excess mowing equipment could be sold.
FISCAL IMPACT: TBD
OPTIONS: Approve issuing RFP for 2018 Lawn Mowing Services
Deny issuing RFP for 2018 Lawn Mowing Services
Amend and Approve RFP for 2018 Lawn Mowing Services
RECOMMENDATION:
“Motion to approve issuing an RFP for 2018 Lawn Mowing Services of city properties.”
ATTACHMENTS:
• RFP
Request for Proposal
Lawn Mowing Services for 29 City Parks, Trails & Facilities
For Growing Season 2018
The City of Lake Elmo Public Works Department is accepting proposals from qualified individuals or firms
to provide lawn maintenance at 29 owned city parks, trails and turn yards servicing city-owned buildings
for the FY 2018 growing season. The scope of work includes providing labor, equipment and affiliated
material for lawn maintenance care to properties owned and operated by the City of Lake Elmo.
The City requires weekly mowing and trimming of 44.6 acres and bi-weekly mowing and trimming of an
additional 3.3 acres from April 15, 2018 through October 15, 2018. Areas are in regularly used public
parks, auxiliary yards adjoining buildings, signs, well houses, and roadway boulevards. A map and
acreage listing are available on request from the Deputy Clerk at tnuss@lakeelmo.org. Questions can be
answered by Rob Weldon, Director of Public Works, 651-747-3940.
Respondents agree that there will not be discrimination as to race, sex, religion, color, age, creed or
national origin in regard to obligations, work and service performed under those terms of any contract
ensuing from this RFP.
Respondents agree to provide the City with a Certificate of Insurance with no less than $1,000,000 of
liability coverage at the time of bid submittal.
Bids will be due no later than March 2, 2018 at 1:00 p.m. and must be delivered/mailed to the Lake Elmo
City offices at 3880 Laverne Avenue North, Lake Elmo, MN 55042.
Scope of Proposal
The bidder shall be held to have examined the 29 premises and site and specifications and to have
satisfied themselves as to the condition of the premises, obstructions, the actual levels and other factors
necessary for carrying out the work before the delivery of their proposal. The bidders shall also acquaint
themselves with the character and extent of the Owner’s operations in the area of the work, so that
they may plan their services accordingly. No allowances or extra payment will be made to a Contractor
for or on account of costs or expenses occasioned by failure to comply with the provisions of this
paragraph or by reason of error or oversight on the part of the bidder or on account of interference by
the Owner’s or other Contractor’s activities. It shall be expressly understood that the Owner’s
operations will take precedence over any other activity.
Mowing Services
Mowing services shall be performed at times mutually agreed upon between Owner and Contractor.
Contractor shall be responsible for complying with all local ordinance regarding working times.
Contractor assumes all liability for complying with local ordinances. Any changes to the established
schedule must have prior approval of the Owner and scheduled at the least disruptive time possible. All
mowing shall be performed on same day at each site. The Contractor agrees that once mowing has
begun on any date, mowing will be completed within twenty-four (24) hours, unless unusual weather
prevents compliance.
All litter such as paper, cans, bottles, branches, etc. must be picked up and disposed of prior to mowing.
Mowing frequency shall be such that the grass cutting or clippings are not sufficient quantity to detract
from the overall site appearance. If the time between cuttings must be extended for any reason,
thereby causing an excessive amount of clippings on the lawn, the clippings shall be eliminated by
whatever means are available to the Contractor and at no expense to the Owner.
Mowing shall be coordinated to prevent the depositing of mowing debris into planters or flower beds.
Any clippings or debris blown into these areas shall be removed immediately. All non-turf areas such as
sidewalks, patios, entrances, planters, etc. shall be free of clippings and cutting debris by means of
blowers, sweepers or other equipment.
Workmanship
Performance will be evaluated based upon the expectation of a neat, professional looking appearance of
the grounds. Where, not more specifically described in any of the various sections of these
specifications, workmanship shall conform to all the methods and operations of best standards and
accepted practices of the trade or trades involved and shall include all items required for completion of
the services. Personnel skilled in their respective lines of work shall execute all work.
The Owner may request a meeting with the Contractor at any time for the purpose of evaluating the
Contractor’s performance. Item not completed to the satisfaction of the Owner will be corrected by the
Contractor within a mutually agreed upon timeframe. Failure by the Contractor to remedy concerns of
the Owner may result in the termination of this contract.
Trimming
Trimming shall be done simultaneously with the mowing operation. Trimming (including ditches) is to
be completed each time a site is mowed. Trimming shall be done in all areas that are inaccessible to
mowing equipment. This includes fence lines, ditches, back stops, play areas, playground equipment,
under fixed bleachers, next to buildings where established plantings are not present and around all
other obstacles to provide a neat and even appearance to the entire site. Care shall be used when
trimming around trees and wooden posts to prevent damage to these items.
Attachments
• Weekly/bi-monthly park acreage schedule by area
• Lake Elmo park map
DOWNS
LAKE
LAKE JANE
HILL PARK
LAKE ELMO
REGIONAL
PARK RESERVE
TARTAN
PARK
GOLF CLUB
LAKE
ELMO
LAKE JANE
SUNFISH
LAKE
OLSON
LAKE
LAKE DEMONTREVILLE
CLEAR
LAKE
HORSESHOE
LAKE
ROSE
LAKE
REID
PARK
VFW
PARK
LIONS
PARK
31ST ST N
32ND ST N
LAVE
RNE
CT
N
LAYT
O
N
CT
N
30TH ST CIR N
30TH ST N
TANA RIDGE
PARK
LE
G
I
ON AV
E
N
LI
S
B
ON AV
E
N
LIS
B
ON
CT
N
LISB O N
A VE NLA
N
S
ING
AVE
N
24
T
H
ST
N
24TH
ST
CT N
N EVA OMLE EKAL
20
T
H
ST
CT
N
20TH ST N
LE
G
I
ON AV
E
N
LEGION
LN CIR N LEGION
LN CT N
21ST
ST N
LE
G
I
ON
N EVA
MA
N
NIN
G
TR
L
N
12TH ST N
LAYT
O
N
AVE
N
LAVE
RNE
AVE
N
LE
E
W
A
RD
AVE
N11TH
ST N
14TH ST N
MA
N
NIN
G
AVE
N
STONEGATE
PARK
KRAMER
LAKE
GOOSE
LAKEARMSTRONG
LAKE
RIDGE
PARK
EAGLE POINT
BLVD
HUDSON BLVD
JULEP
AVE N
9TH ST N
JULEP
CT N
JE
W
ELAVE
N
J
A
S
M
I
N
E
A
V
E
P
L
N
10
T
H
ST
LN
N
10TH ST N
WHISTLING
VALLEY RD
WHISTLING
VALLEY TRL
10
T
H
ST
CT
N
KE
ATS
AVE N
LA
K
E
EL
M
O A
VE
N
3RD STREET
PL N
15TH ST N
15T
H
ST C
T
IVORY CT
16TH
ST N
IV
O
R
Y
A
VE
N
21TH ST N
22ND ST N
21ST
ST N
22ND
CT N
EAGLE POINT
LAKE
TABLYN
PARK
HEIGHTS
PARK
26TH ST N
27TH ST N
IM
P
E
RIA
L
AVE
N
IN
N
S
DAL
E
AVE
N
IRONWOOD
TRL N
28TH
ST N
27TH
ST N
IR
I
S
H
AVE
N
2
7
T
H
S
T
C
T
N
STILLWATER BLVD N
IN
N
S
DAL
E
AVE
N
31ST ST N
JA
M
L
EY A
VE
N
28TH
ST N
JONQUIL
TRL N
JO
N
QUI
L
AVE
N
JAMACA
CT N
ID
E
A
L
AVE N
38TH ST N
39TH ST N
IN
N
S
DAL
E
AVE
N
36TH ST N
37TH ST N
IR
W
I
N
AVE
N
35TH ST N
IRIS
AVE
N
37TH
AVE
35TH
ST N
IR
I
S
H
CT
N
IR
V
I
N
E
CI
R
N
IS
L
E
AVE
N
LAK
E
JAN
E
TRL
N
JA
M
A
CA AVE N
LAKE
JANE
HILLS
PARK
PEBBLE
PARK
LAKE JANE
TRL N
IR
V
I
N
E
CT
N
IVY
CT N
42ND
ST N
DEE
R PO
N
D
TR
L
N
JA
C
K
PI
N
E
TR
L
N
DE
E
R
PO
N
D C
T
N
WINDBREAK TRL N
HID
D
EN
BAY T
R
L
N
HIDDEN BAY
TRL N
BIR
C
HBAR
K
TR
L
N
City of
Oakdale
West
La keland
Township
Ba yto wn
Township
City of
Oak Park
Heights
City of GrantCity of
Pine Springs
59th ST N
HIGH L ANDS
TRL N
H
I
L
L
T
O
P
A
V
E
N
53RD
ST N
DEM O NTR E VILLE
TRL C
I
R N
HILL
TRL N
50TH ST N
H
I
L
L
T
R
L
N
HI
G
H
LAN
D
S
TR
L
N
H
I
G
H
L
A
N
D
S
C
T
N
HY
T
R
AIL
AVE
N
DEMONTREVILLE
WILDLIFE PARK
DEMONTREVILLE
PARK
55T
H
ST N
JA
M
A
CA
AVE
N
IS
L
E
AVE
N
JA
M
A
CA AVE N
JANE
RD N
49TH
ST
JA
S
P
ER AV
E
N
JAMA
C A
B L VD N
JER
O
M E
AVE
N
KLEIS
PARK
CARRIAGE
STATION
PARK
39TH ST N
LAYT
O
N
AVE
N
LAVE
RNE
36TH ST
35TH ST
34TH ST
UPP E R 3 3RD ST N
33RD ST N
32ND ST N
KR
A
F
T
CI
R
N
LA
M
PER
T
AVE
N
LA
N
GLY
CT
N33RD
ST LN N
KL
O
NDI
K
E
AVE N
STILLWATER LN N
KE
LVIN
AVE
N
43RD ST N
KIRK
WOOD
AVE
KIND R ED
W A Y
KIND
RED
CT
TAPE
S
TRY
HI
L
L
TAPESTRYBEND
TAPESTRY TRL
47TH ST N
KI
M
B
RO AV
E
N
LA
K
E
EL
M
O A
VE
N
50TH ST N
KI
R
K
WOO
D A
VE
N
KE
ATS
AVE N
58TH ST N
56TH ST N
58
T
H
CT
N
MA
N
N
IN
G
AVE
N
LI
N
D
EN
AVE
N
LI
LYAVE N
MARQUESS
LN N
M
A
R
Q
U
E
S
S
T
R
L
N
MA
R
QUE
S
S
TR
L
C
T N
MARQUESS
TRL CIR N
55TH ST N
LI
N
D
EN
T
RL N
LA
R
K
S
P
U
R
LN
N
LI
L
A
C L
N
N
44TH ST
LN N
44TH ST N
BLUESTEM LN NLI
LY
AVE N
LI
LY
AVE N
LILAC PL N
LILAC WAY N
51ST ST S
55TH ST
53RD ST N
57TH ST N
JU
L
E
P
WAY
JU
L
E
P
AVE
N
JA
N
E
CIR
N
ISL
E
CT
N
BL
U
E
-
ST
E
M
TR
L
N
MARQUESS
LN CV N
MA
R
QUE
S
S
WAY
N
KI
N
D
RED
WAY
J
E
R
O
M
E
A
V
E
C
T
N
O
L
S
O
N
L
A
K
E
T
R
L
N
HUDSON BLVDHUDSON BLVD
10TH ST N
HUDSON
BLVD
IN
W
O
OD AV
E
N
IN
W
O
OD AV
E
N
SUNFISH LAKE
PARK
H
I
D
D
E
N
B
A
Y
C
T
N
CHERRY-
WOOD
TRL N
JANE
RD N
DEM
ONTR
EVIL
L
E
TRL
N
59th ST N
55
T
H
ST
N
J
A
N
E
C
T
N
47TH ST N
50TH ST N
STILL
W
A TE R B L V D N
LA
K
E
EL
M
O A
VE
N
A
V
E
BLUE
S TEM
CIR N
LITT L E
LITTLE
BLUESTEM
CIR N
LINDEN
TRL N
ST
I
L
L
W
ATE
R
BLVD
N
50TH ST N
60TH ST N
LA
K
E
EL
M
O A
VE
N
57
T
H
ST
CI
R
57TH
ST
57
T
H
ST
C
V N
60TH ST N
59TH S
T CT N 59TH ST N
KE
LVIN
AVE
N
60TH ST N
DE
M
ONT
R
EVI
L
L
E
TR
L
N
50TH ST N
LIBS
O N
A VE N
30TH ST N
10TH ST N
MA
N
NIN
G
AVE
N
10TH ST N
15TH ST N IV
O
R
Y
AVE
N
City of
Stillwater
Stillwater
Township
34TH ST N
KlondikeAve N
STILL
W
A TE R B L V D N
TAPESTRY TRL
T
A
P
E
S
T
R
Y
T
R
L
TAPESTRY
GR
JULEP
AVE N
STILLWATER BLVD N
HOMESTED
PARK
HEL M O AVE N
M
A
N
N
I
N
G
A
V
E
N
40TH ST N
N
8
5
17
20
29
7
19
32
HERITAGE
PARK
VERONICA
POND
GOETSCHEL'S
POND
Union Paci fic Ra ilro a d
Unio n Pac i fic R a ilro a d
LI
S
B
ON
AVE
N
Demontreville
Highlands Add
M
A
N
N
I
N
G
T
R
L
5
Ì
Contractor Name:
Address:
Business Phone:
Contact Person:
1. Weekly Mowing/Trimming (44.6 acres) $/per occurrence
2. Bi-Monthly Mowing/Trimming (3.3 acres)$/per occurrence
Equipment to be used:
Number of Staff to be used:
City of Lake Elmo Lawn Mowing Bid Proposals
2018 Growing Season
Bid Proposal
STAFF REPORT
DATE: 2/20/2018
CONSENT
ITEM #: 12
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Solar Energy Ordinance
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
At its last meeting, the Council considered an amendment to the City’s Zoning Code as it relates to solar
energy systems. A focus of concern regarding this ordinance was the requirement of signage for
properties with solar energy systems.
ISSUE BEFORE COUNCIL:
The Council is being asked to review an amendment to Ord. 08-198, which strikes the requirement for
signage for properties with solar energy systems.
PROPOSAL DETAILS/ANALYSIS:
Reason for Signage Requirement. When the topic of solar energy systems was first discussed by Staff,
safety was of particular focus. Solar energy systems are particularly dangerous in the case of fires, as solar
energy systems are near impossible to turn off and pose serious risk for firefighters. Staff had proposed that
signage be required on properties on which solar energy systems are placed in order to warn firefighters
that solar energy systems are present.
Council Concern. Council was concerned about enforcement of this requirement, as signage is easily
removable, and any previously erected solar energy systems would not be required to display this signage.
It was felt that requiring such signage would give firefighters a false sense that so long as there is no signage,
there are no solar energy systems; firefighters should always go in to a burning building assuming there is
a solar energy system. There was also discussion that the pre-plan automation would (fairly) soon be
available for dispatch, and if a property that had a building permit issued for a solar energy system had an
emergency, such information could be communicated at the time of dispatch.
Further Discussion – No Signage Needed. After further discussion with the Fire Chief and Building
Official, such a requirement is not needed to be codified in to ordinance, as a simple sticker at the entrance
of the home would suffice. This is something that can be required by the Fire Code rather than Zoning
Code.
City Council 2/20/18 Item #
Page 2
Proposed Amendment. The proposed amendment strikes the requirement for signage on properties on
which solar energy systems are erected.
Alternative. The Fire Chief and Building Official have concluded that instead they would like to see a
sticker of some sort be put on a home or structure on which roof/building-mounted solar energy systems
are erected. They will research if these are available through solar energy system companies, and these will
be provided at the time of either permit issuance or inspection. An inspection will not pass unless the sticker
has been applied.
FISCAL IMPACT:
None.
OPTIONS:
The Council may:
• Adopt Ord. 08-198 as amended by Staff from the last meeting and Res. 2018-010 approving
summary publication of Ord. 08-198.
• Recommend amendments to Ord. 08-198 and adopt Ord. 08-198 and adopt as amended along with
Res 2018-010 approving summary publication of Ord. 08-198.
• Do not adopt Ord. 08-198 or Res. 2018-010.
RECOMMENDATION:
“Move to adopt Ord. 08-198 approving amendments to the Solar Ordinance.”
“Move to adopt Res. 2018-010 authorizing summary publication of Ord. 08-198.”
ATTACHMENTS:
• Ord. 08-198
• Res. 2018-010
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-198
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADDING ADDITIONAL STANDARDS FOR SOLAR ENERGY SYSTEMS AND SOLAR
FARMS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article II; Section 154.012; Subd. (B) (12) by removing
the current definition of Solar Equipment and adding the following to a new Subd. (B)
(10): Alternative Energy:
Solar Farm. A commercial facility that converts sunlight into electricity, whether by
photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology,
for the principal purpose of sales of generated electricity to off-site customers.
Solar Energy System. A device or structural design feature, a primary purpose of which is to
provide for the collection, storage, and distribution of solar energy for space heating, cooling,
water heating, or for power generation.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article II; Section 154.310 (B) (12) by moving the
current standards of Solary Energy Systems to a new Section entitled Alternative Energy
and to read as follows.
Solar Energy Systems. Solar energy systems are permitted accessory uses in all districts,
provided the system or equipment is in compliance with standards set forth below.
1. Permits. A building permit shall be obtained before the installation of solar arrays or
panels on any property. All solar energy systems shall be installed and components
labeled in accordance with the Minnesota State Electric Code Section 690.
2. Signage. Properties with solar energy systems shall have at least one (1) sign posted at
the entrance of the property or structure on which the solar energy system is mounted,
containing the following information: voltage information, manufacturer's name,
emergency telephone number, and emergency shutdown procedures.
3. Rooftop or Building Integrated Solar Energy Systems.
a. These systems are permitted accessory uses in all districts in which buildings are
permitted.
b. Visibility, Commercial Installations. Commercial rooftop systems shall be placed
on the roof to limit visibility from the public right-of-way o r to blend into the roof
design, provided that minimizing visibility still allows the property owner to
reasonably capture solar energy.
4. Ground-Mount Solar Energy Systems.
a. Ground-mount energy systems are permitted accessory uses in all districts where
buildings are permitted.
b. Ground-mount energy systems must comply with all accessory setback, height
and lot coverage restrictions unless otherwise stated herein or a variance is
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granted and shall not encroach on any City easement unless an easement
encroachment agreement approved by the Planning Director or his/her designee
after review and approval from the City Engineer or his/her designee has been
executed. A certificate of zoning compliance is required for all solar energy
systems unless a conditional use permit is required as stated herein.
i. The collector surface of a ground-mount system and any foundation,
compacted soil, or other component of the solar installation that rests on
the ground is considered impervious surface. Vegetated ground under the
collector surface can be used to mitigate stormwater runoff.
c. Exemptions. Solar energy systems of a size of six square feet or less may be
exempt from zoning district setback requirements.
5. Interconnection Agreement. All electric solar energy systems that are connected to the
electric distribution or transmission system through the existing service of the primary
use on the site shall obtain an interconnection agreement with the electric utility in whose
service territory the system is located. Solar energy systems connected directly to the
distribution or transmission system must obtain an interconnection agreement with the
interconnecting electric utility. Systems that are not directly connected to the grid or not
connected to the electric system of a building that is connected to the gird are exempt
from this requirement.
6. Glare. Glare produced from any solar energy system shall be minimized from affecting
adjacent or nearby properties. Measures to minimize glare include selective placement of
the system, screening of the solar array, modifying the orientation of the system, reducing
use of the reflector system, or other remedies that limit glare.
a. Mirror Reflecting Designed Solar Energy Systems. Mirror reflecting designed
solar energy systems are permitted only on properties with ten (10) acres or
larger. A conditional use permit is required and more restrictive setback standards
may be required upon review of the conditional use permit.
7. Code Requirements. Electric solar energy system componements that are connected to a
building electric system must have an Underwriters Laboratory (UL) listing. All solar
installations must comply with the Minnesota and National Electric Code. All rooftop or
building integrated solar energy systems require a building permit and shall comply with
the Minnesota Building Code. Solar thermal hot water systems shall comply with
applicable Minnesota State Plumbing Code requirements.
8. Decommissioning. A decommissioning plan shall be required to ensure that facilities are
properly removed after their useful life. Decommissioning of solar panels must occur in
the event they are not in use for 12 consecutive months. The plan shall include provisions
for removal of all structures and foundations, restoration of soil and vegetation and a plan
ensuring financial resources will be available to fully decommission the site. The City
may require the posting of a bond, letter of credit or the establishement of an escrow to
ensure proper decommissioning.
9. Easements Allowed. Solar easements may be filed, consistent with Minnesota Stat.
Chapter 500 Section 30. Any building owner can purchase an easement across
neighboring properties to protect access to sunlight. The easement is purchased or
granted by owners of neighborhing properties and can apply to buildings, trees, or other
structures that would diminish solar access.
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article II; by adding the following Section 154.915:
§ 154.915 SOLAR FARMS
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1. Conditional or Interim Use Permit. A conditional or interim use permit subject to the
zoning district in which the proposed solar farm is to be located.
2. Minimum Lot Size, Setbacks, and Screening Requirements. Solar farms are limited to
properties at least ten acres in size. Solar farms must maintain a setback of at least 50 feet
from adjacent properties and be screened and fenced as determined by the City from
adjacent residential properties.
3. Stormwater and NPDES. Solar farms are subject to the City’s and watershed district’s
stormwater management and erosion and sediment control provisions and NPDES permit
requirements.
4. Foundations. A qualified engineer shall certify that the foundation and design of the solar
panels, racking and support is within accepted professional standards, given local soil and
climate conditions.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article XI: Rural Districts; Section 154.401: Permitted,
Conditional, and Interim Uses to read as follows.
RT A RR RS RE Standard
Residential Uses
Household Living
Single-Family Detached Dwelling P P P P P 154.404 (A)
Secondary Dwelling - P - - - 154.404 (D)
Services
Self Service Storage Facility Ia Ia - - - 154.404 (G)
Outdoor Recreation Facility - C - - - 154.306 (C)
Parks and Open Areas P P P P P 154.012 (B) (7)
Restricted Recreation - C - - - 154.306 (B)
Agricultural and Related Uses
Agricultural Entertainment Business I I I - - 154.914
Agricultural Production P P P - - 154.012 (B) (9)
Agricultural Sales Business I I I - - 154.913
Agricultural Services C C
- - - 154.404 (J)
Forestry Operations - P - - - 154.012 (B) (9)
Greenhouses, Non Retail C C C - - 154.012 (B) (9)
Solar Farm I C C - - 154.915
Wayside Stand P P
P - - 154.012 (B) (9)
Industrial and Extractive Uses
Motor Freight and Warehousing Ia - - - - 154.404 (G)
Accessory Uses
Bed and Breakfast C C C - - 154.012 (B) (12)
Domestic Pets P P P P P
154.012 (B) (12)
Family Day Care P P P P P 154.012 (B) (12)
Home Occupation P P P P P 154.012 (B) (12)
Kennel, Private C C C - - 154.012 (B) (12)
Solar Energy Systems P P P P P 154.310 (C)
Stable, Private C C C - - 154.012 (B) (12)
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RT A RR RS RE Standard
Swimming Pools, Hot Tubs, Etc. P P P P P 154.012 (B) (12)
Temporary Sales P P P P P 154.012 (B) (12)
Water-Oriented Accessory Structures P P P P P 154.800
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses P P P P P
Commercial Wedding Ceremony Venue I I I 154.310 (D)
Notes to Rural Districts Table 9-2
a. 1 dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm
dwellings (1 per 40 acres), each farm is allowed one farm dwelling per farm.
b. Nominal 40 acres: a 40-acre parcel not reduced by more than 10% due to road rights-of-
way and survey variations.
c. Nominal 10 acres: a 10-acre parcel not reduced by more than 10% and/or a 10-acre parcel
located on a corner or abutting a street on 2 sides not reduced by more than 15% due to
road rights-of-way and survey variations.
d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet
per residential unit.
e. A minimum of 1.25 acres of land above the flood plain or free of any drainage easements is
required.
f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio
of lot length to width shall be a maximum of 3:1 – Flag lots are prohibited.
g. Corner properties: The side façade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public street, or
the required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be as shown in the table.
h. Setback standards do not apply to solar farms. 154.915 should be referenced for these
specific standards.
SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Section 154.802 by amending the following:
§ 154.802 PERMITTED, CONDITIONAL, AND INTERIM USES.
Table 18-1 lists all permitted, conditional, and interim uses allowed in the Closed Landfill Restricted
zoning district. “P” indicates a permitted use, “C” a conditional use, and “I” an interim use. Uses not
so indicated shall be considered prohibited. Cross-references listed in the table under “Standards”
indicate the location within this Ordinance of specific development standards that apply to the listed
use.
CLR Standard
Closed Landfill Management P 154.012 (B) (10)
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Solar Farms C 154.802, 154.803 (A), 154.915
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Section 154.802 by adding the following:
§ 154.803 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
CLR
Structure setback requirements (feet)
Front yard 50
Side yard 50
Rear yard 25
§ 154.804 SITE DESIGN AND DEVELOPMENT STANDARDS.
A. Solar Farms. Proposed locations and plans for Solar Farms must be approved by both the
City and Minnesota Pollution Control Agency (MPCA). Required buffer width may be
waived through conditional use permit approval
SECTION 6. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 7. Adoption Date. This Ordinance 08-198 was adopted on this ______ day of ___
2018 by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
6
This Ordinance 08-198 was published on the ____ day of ___________________, 2018.
CITY OF LAKE ELMO
RESOLUTION NO. 2018-010
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 08-198 BY TITLE AND SUMMARY
WHEREAS, the City Council of the city of Lake Elmo has adopted Ordinance No. 08-198,
an ordinance amending the Lake Elmo City Code of Ordinances by adding additional standards for
solar energy systems and solar farms; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Administrator shall cause the following summary of Ordinance No. 08-198 to be
published in the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted the following changes to Chapter 154:
Zoning Code, of the City Code of the City of Lake Elmo:
• Removed the current definition of Solar Equipment from Accessory Uses Use Types and
Classifications; added a new category to Use Types and Classifications entitled Alternative
Energy; and added a definition of Solar Energy System and Solar Farm.
• Added standards for solar energy systems including:
o Accessory setback, height, and lot coverage requirements are subject to those of
the zoning district in which the solar energy system is located, with the exception
of solar energy systems that are under six square feet in size.
o An interconnection agreement is required if connected to the electric distribution
or transmission system through the existing service of the primary use on the site.
o Glare is to be minimized. The ordinance outlines ways in which this can be done.
o Solar energy systems must be applicable code requirements.
o A decommissioning plan is required, and decommissioning shall occur when
facilities are not in use for 12 consecutive months.
o Property owners may be granted or buy easements to prevent certain restrictions
that would diminish solar access.
• Added standards for solar farms
o Conditional or interim use permit is required.
o Minimum lot size, setbacks, and screening requirements are set forth.
• Solar farms are a conditional use in the Agricultural, Rural Residential, and Closed
Landfill Restricted zoning districts and an interim use in the Rural Development
Transitional zoning district.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full
copy of the ordinance be placed in a public location within the City.
Dated: February 20, 2018.
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same: ______________________
Whereupon said resolution was declared duly passed and adopted.
STAFF REPORT
DATE: 2/20/18
REGULAR
AGENDA ITEM: #13
TO: City Council
FROM: Emily Becker, Planning Director
ITEM: Wyndham Village Subdivision Sketch Plan Review and Comprehensive Plan
Amendment
REVIEWED BY: Ben Gozola, Consultant City Planner
Jack Griffin, City Engineer
BACKGROUND:
The Council considered a proposed Subdivision Sketch Plan Review and Comprehensive Plan
Amendment to re-guide the development area from Rural Single Family to Village Low Density
Residential for the proposed development Wyndham Village at its November 21, 2017 meeting and
tabled the item at its January 16, 2018 and February 7, 2018 meetings for lack of a full Council out of
respect for the applicant due to the need for a 4/5 vote to pass a Comprehensive Plan Amendment.
The Council did not feel comfortable with allowing the proposed density increase because it was felt
that the sketch plan did not propose sufficient backyards.
REVIEW/ANALYSIS:
Usable Backyard Issue. The developer has revised the proposed sketch plan that was previously
submitted to the Council for review. The previous sketch plan did not provide backyards that the City
had felt were usable, as a 66 foot wide Northern Natural Gas Easement ran along the majority of the
backyards of the lots to the west of Liberty Court North. The revised plan reduces the number of
proposed lots from 13 to 10, reducing the proposed density from 2.17 units per acre to 1.67 units per
acre. Additionally, the developer has provided an exhibit which shows proposed building pad
locations that show a 20 foot rear yard principal building setback from the Northern Natural Gas
Easement. This exhibit shows that a pool and play set could reasonably fit within these backyards.
The standard setback for properties located within the Village Low Density Residential Zoning
District is 20 feet, and so Staff believes that so long as the lots in which the Northern Natural Gas
Easement is located maintain a 20 foot principal building rear yard setback from the easement that
these proposed lots will provide a sufficient rear yard.
Increased Density Issue. As mentioned above, the revised sketch plan reduces the proposed density
from 2.17 units per acre to 1.67 units per acre. The allowed density within the Village Urban Low
Density Residential land use is 1.5-2.49 units per acre, and the allowed density within the Rural
Single Family Sewered land use category is 0.66-2 units per acre.
2
Greenbelt Buffer. The updated sketch plan increases the greenbelt buffer to the south of the
development. The previously-provided buffer was only approximately 40 feet in width, and the
applicant has increased the buffer to approximately 80 feet.
MUSA and Rural Single Family Sewered Land Use Option. The proposed development is
within the Metropolitan Urban Service Area (MUSA), and sewer will be made available through
Northport, the development to the north and east of the proposed development. Areas within the
City that are included in the MUSA must be developed at an average of three units per acre. In
2016, the City created a new land use that is called Rural Single Family – Sewered. This land use
is intended for properties that were platted for conventional subdivision prior to 2005 that have
been (and will continue to be) serviced by private on-site well and septic systems, unless within
the MUSA area. If within a MUSA, the City Council may consider connection to the sanitary
sewer system where practical. While the property does have the option of being re-guided to this
land use category, this option is not recommended by Staff for the following reasons:
• Lot Size Variances Needed. The smallest the lot sizes allowed would be 24,000 square
feet, and the smallest lot size proposed in the revised plan is 11,184 square feet, with only
one lot meeting the required minimum lot size. Therefore, variances would be required
for most of the lots within the proposed subdivision.
• Spot Zoning. Additionally, Northport (the development to the north and east of the
proposed development) is guided for Village Urban Low Density. This proposal would
essentially be an extension of the Village Urban Low Density land use that currently
exists. There are no properties adjacent to the proposed development that are guided for
Rural Single Family Sewered, and therefore re-guiding the proposed development to
Rural Single Family Sewered could be considered spot zoning.
If the Council does feel that the development should instead be re-guided to Rural Single Family
Sewered, the requested Comprehensive Plan Amendment should be denied, as the public hearing
advertised was specifically to re-guide the proposed development to Village Urban Low Density
Residential. A new public hearing notice would need to be advertised. Staff has prepared a
Resolution denying the proposed Comprehensive Plan Amendment that the Council may adopt if
it so chooses.
Deadline for Action. The City has already sent the applicant an extension letter, using its 120
days to take action on this land use application. The deadline for action was February 17, 2018,
but the applicant has requested an extension to April 18, 2018.
Recommended Findings. Staff recommends the following findings in regards to the proposed
Comprehensive Plan Amendment:
1. That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department and
Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Village
Urban Low Density Residential and decreased acreage of Rural Single Family.
3
b. Updating Map 3-3 – the planned land use map.
3. That the proposed amendments are consistent with the overall goals and objectives of the
Comprehensive Plan in that the Property is within the Metropolitan Urban Service Area.
Recommended Conditions of Approval. Staff recommends the following conditions in regards
to the proposed Comprehensive Plan Amendment:
1. Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the
receipt of formal notification from the Metropolitan Council that its review has been
completed and approved.
2. That the Applicant obtain Preliminary Plat approval from the City that meets the following:
a. Required densities of the Village Urban Low Density land use category.
b. Provides a sufficient Greenbelt Corridor as indicated in the Comprehensive Plan and
approved by the City.
c. Provides usable rear yards for lots in which the Northern Natural Gas Company
Easement (Document 384029) (“Northern Easement”) is located, as determined by the
City by maintaining a 20 foot principal building rear yard setback from the Northern
Natural Gas Company Easement.
d. All other applicable standards including but not limited to City Engineer Design
Standards, Valley Branch Watershed District requirements, and zoning standards.
FISCAL IMPACT:
There would be no fiscal impact to the City at this time, as the developer would be required to pay
for any amendments needed to accommodate the increase in REC units. Concept Plan approval
does not afford the applicant development rights. When the property develops, it will have urban
services and will pay sewer and water connection charges, building permit fees and the like.
OPTIONS:
• Approve the proposed Comprehensive Plan Amendment re-guiding the proposed
development to Village Urban Low Density Residential with Staff-recommended findings
and conditions of approval.
• Amend Staff-recommended findings and conditions of approval for the proposed
Comprehensive Plan Amendment re-guiding the proposed development to Village Urban
Low Density Residential and approve with amended findings and conditions.
• Deny the proposed Comprehensive Plan Amendment with Staff-recommended findings.
• Amend Staff-recommended findings and conditions for denial of the proposed
Comprehensive Plan Amendment re-guiding the proposed development to Village Urban
Low Density Residential and deny with amended findings.
RECOMMENDATION:
4
Staff and Planning Commission are recommending approval of the proposed Comprehensive Plan
Amendment to re-guide PID# 13.029.21.43.0001 from Rural Single Family to Village Urban Low
Density, based on the recommended findings and conditions of approval.
“Move to adopt Resolution 2018-006 approving the proposed Comprehensive Plan Amendment to
re-guide PID# 13.029.21.43.0001 from Rural Single Family to Village Urban Low Density, based
on the recommended findings and conditions of approval.”
Alternatively, if the Council feels that the Comprehensive Plan Amendment should be denied, Staff
has prepared a Resolution for denial with recommended findings.
“Move to adopt Resolution 2018-006 denying the proposed Comprehensive Plan Amendment to re-
guide PID# 13.029.21.43.0001 from Rural Single Family to Village Urban Low Density, based on
the recommended findings.”
Staff is recommending that the Council accept the revised Sketch Plan provided by JP Bush Homes
for a 10 unit single family detached residential development of PID#13.029.21.43.0001.
ATTACHMENTS:
1. Revised Subdivision Sketch Plan
2. Building Pad Location Exhibit
3. Previous Council Packet Item from 11/21/2017
4. Resolution 2018-006 approving the proposed Comprehensive Plan Amendment
5. Resolution 2018-006 denying the proposed Comprehensive Plan Amendment
BUSINESS ITEM 4D – Public Hearing
STAFF REPORT
DATE: 11/21/17
REGULAR
AGENDA ITEM: 15
TO: City Council
FROM: Emily Becker, Planning Director
ITEM: Wyndham Village Subdivision Sketch Plan Review and Comprehensive Plan
Amendment
REVIEWED BY: Ben Gozola, Consultant City Planner
Jack Griffin, City Engineer
BACKGROUND:
The Council is being asked to review a Sketch Plan for a proposed residential subdivision to the
southwest of Northport (formerly known as Village Park Preserve) and immediately north of the
Heritage Farm. The sketch plan includes 13 single-family residential detached homes on a total site
area of 5.97 acres. A Sketch Plan review requires no formal action by the Planning Commission.
The applicant is also requesting a Comprehensive Plan Amendment to re-guide the proposed
development area from Rural Single Family to Urban Low Density. The aforementioned request
requires review, a public hearing and recommendation to the Council.
General Information
Applicant: JP Bush Homes, 1980 Quasar Ave S, Lakeland, MN 55043
Property Owners: James McLeod, 11580 30th St N, Lake Elmo, MN 55042
Location: Part of the southwest quarter of the southeast quarter of Section 13,
Township 29 North, Range 21West
PID: 13-029-21-43-0001
Request: Sketch Plan Review
Existing Land Use: Vacant
Existing Zoning: RS – Rural Single Family
Surrounding Area: North – Northport (Urban Low Density Residential); East – Northport
(Urban Low Density Residential); West – Rural Single Family
Residential; South – the Homestead (Open Space Preservation
Development)
Comprehensive Plan: Rural Single Family Density Residential (0.66-2 units per acre)
Proposed Zoning: LDR – Urban Low Density Residential (2.5 - 4 units per acre)
History: The property has long been used as a single family detached dwelling
unit
2
Deadline for Action: Application Complete – 10/20/2017
60 Day Timeline – 12/19/2017
Extension Sent – N/A
Applicable Regulations: Article XII – Urban Residential Districts (LDR)
Chapter 153: Subdivision Regulations
REVIEW/ANALYSIS:
SUBDIVISION SKETCH PLAN REVIEW
Sketch Plan Review Process. The Lake Elmo Subdivision Ordinance specifies that as part of the
pre-application process for a new subdivision, the applicant must first submit a Sketch Plan for
review by the City. The Ordinance notes that the purpose of the Sketch Plan review is as follows:
Sketch plan. In order to ensure that all applicants are informed of the procedural
requirements and minimum standards of this chapter and the requirements or limitations
imposed by other city ordinances or plans, prior to the development of a preliminary plat, the
subdivider shall meet with the Planning Commission and prepare a sketch plan which
explains or illustrates the proposed subdivision and its purpose. The Planning Commission
shall accept the information received, but take no formal or informal action which could be
construed as approval or denial of the proposed plat.
Based on this wording, the Council is not being asked to take any formal action as part of the Sketch
Plan Review other than to accept the information received. Staff has completed an internal review of
the Sketch Plan, and general comments from Staff are included in this memorandum and applicable
attachment.
Sketch Plan Review. The Staff review comments that follow are all based on conducting a very high
level review of the Sketch Plan since there is not a lot of detailed information that is required at this
stage in the subdivision process. Staff has instead focused on the bigger picture items and those
things that would otherwise not allow the development to move forward if they contrasted with
elements from the Comprehensive Plan or the City Code.
Comprehensive Plan Amendment Required. The Property is currently guided for the Rural Single
Family land use, which allows a density of 0.66-2 units per acre. Because the Applicant is proposing
a density of 2.17 units per acre, a Comprehensive Plan Amendment would be required in order to
allow for a higher density. The Applicant has submitted a formal application, and this request is
discussed later in this report.
Zoning Map Amendment. If the proposed Comprehensive Plan Amendment is approved, the
property will need to be rezoned during Preliminary Plat approval. The properties to the north and
east of the subject parcel are guided for Village Urban Low Density (V-LDR) and have been re-
zoned to Urban Low Density Residential. This was because when these properties received
Preliminary Plat approval, there did not exist a Village Urban Low Density zoning district. The V-
LDR ordinance was created on 5/26/17, and so while this property could be rezoned to V-LDR, Staff
would recommend that the property be re-zoned similarly to those of adjacent properties in order to
avoid spot zoning. The Zoning Code states that densities within the Urban Low Density Zoning
District shall range from two 2 to 4 units per acre; however, the overall density for a specific
development area must be consistent with the net densities specified in the Comprehensive Plan.
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Because the proposed density of the development is consistent with both the Comprehensive Plan
and is within 2 to 4 units per acre, it would be appropriate to rezone the development area to Urban
Low Density Residential.
Land Use. The proposed land use within the development are single family detached homes, which
are a permitted use within the Urban Low Density Residential zoning district.
Greenbelt Corridor. As previously mentioned, the Comprehensive Plan indicates that a greenbelt
corridor should be established on the southern border of the proposed development. The greenbelt
corridor is meant to serve as a transitional area between future sewered growth within the Village and
existing rural development. The Comprehensive Plan states the following in regards to the greenbelt
corridor.
“Greenbelt Corridors. Greenbelt Corridors run along the perimeter of proposed
development and serve as transitional areas between future sewered growth within the
Village and existing rural development. The corridor may be reduced if the design of the
development includes the following: (1) a design that is mindful of the landscape features of
the site, providing enhanced environmental benefit, (2) a design that is consistent with
overall goals for the Village Land Use Plan, and (3) a design that meets the requirements of
the underlying land use category of the parcel. At a minimum, the corridor shall be
established and provided for by performance standards within the Zoning Code based upon
the locations of the existing Village Boundary and area guided for commercial use in the
northeastern portion of the Village. Not only will this provide a significant physical and
visual amenity, but it will also encourage more residential development closer to the Village
Center. Uses within the Greenbelt Corridor may include trails, passive recreation, public
gathering spaces, natural areas, storm water management systems, natural water courses,
small-scale or community oriented agricultural activities and other amenities intended for
aesthetic enjoyment.”
The above language does not indicate an exact width requirement for the corridor, though it appears
through using a scale on the land use map that the width of the corridor is 200 feet. The proposed
width of the buffer at its narrowest for this development is 40 feet. The proposed buffer’s proposed
use consists of a water treatment swale, which is an approved use as outlined above. Northport, to the
east of the proposed development, had a buffer width of approximately 125 feet from the southern
edge of the plat. The exhibit below shows how the lots within the proposed development extend
further south than the Northport development.
4
It should be noted, however, that the Urban Residential Districts Article of the Zoning Code indicates
the following in regards to required setbacks for lots within this area:
“C. Lots Adjacent to Public Greenway Corridors. On any lot that abuts a public greenway as
depicted in the Comprehensive Plan the minimum setback for all structures, including
accessory buildings, shall be the required rear yard setback for the district in which said
structure is located.”
Additional Buffer/Screening Recommended. Because the buffer appears to encroach half way up
the development as shown below, this requirement would not be able to be met with the proposed
design. The southern boundary of the subdivision is along the north boulevard of 30th Street North
and proposes two storm water ponds connected by a drainage swale. It is recommended that
additional space be allocated at elevations higher than 30th Street to create a vegetative buffer
between the lots and this collector street.
5
Lake Elmo Theming Study. The proposed development is within the Old Village Area. As the
applicant prepares Preliminary Plans for the proposed subdivision, staff would recommend that
various elements from the Lake Elmo Theming Study be included in the proposed plans.
Park Dedication. The proposed development is to the east of Reid Park. With recording of the
Northport plat, the City received approximately an additional 12.5 acres of parkland for an extension
of Reid Park. The Neighborhood Park Search Area map of the Comprehensive Plan’s Parks and
Recreation Plan does not identify this area for a neighborhood park. Therefore, Staff would not
recommend that parkland be dedicated within this development and that the City accept fees in lieu
of parkland dedication. Per the City’s Subdivision Ordinance, 10% of the fair market value of the
land will need to be paid as the parkland dedication fee. The fair market value of the land is
determined by current market data, if available, or by obtaining an appraisal from a licensed real
estate appraiser, and the subdivider is required to pay for the appraisal. In this case, if the owner of
the property will be selling the land to the Applicant to be developed, there will be current market
data available. If the owner is not selling the land, an appraisal to determine the fair market value will
likely be required in order to determine the amount of parkland dedication the City will receive. The
Parks Commission will review the proposed sketch plan on November 20, 2017.
Trails. No trails are being proposed within the development, only a sidewalk on the west side of
Liberty Court North. There is already a trail along the south of 30th Street, and the developers of
Northport will be constructing a segment of a trail from the southern edge of that development off
Liberty Court North. This trail segment will not connect to the existing trails in Reid Park, however,
as approved by Council. The City may extend this trail through to the existing trails in Reid Park in
Subject property
6
the future. The City’s trail plan indicates a trail along 30th Street North, which already exists on the
south side of the street.
Access. Access to the proposed lots will be provided from Lower 31st Street North to the north of the
subject property (part of the Northport development). Access to this parcel was pre-planned with the
adjacent subdivision in order to preserve the proper access management along 30th Street North. The
existing driveway will be eliminated as suggested by Staff. Access to the new Lot 8 is proposed to be
provided via a 20 foot wide driveway easement off the cul-de-sac of Liberty Court North. The City
Engineer is recommending this be changed to a 30 foot wide Outlot to be owned by Lot 8. This
change will impact the configuration of Lots 7 and 9.
Streets. The proposed streets appear to be meeting the City’s minimum standards:
• Liberty Court is proposed to be 28-feet wide within a 60-foot right-of-way;
Trail Plan
Existing Trail
Proposed sidewalk
7
• A 60 foot cul-de-sac right-of-way width is provided with a 45 foot pavement radius;
• The cul-de-sac length is proposed to be 510 feet long;
• There is a proposed sidewalk to the west of this street. The residential maximum longitudinal
grade is 6% with a sidewalk which appears to be feasible. Potential connections to this sidewalk
should be considered moving forward.
• Surmountable concrete curb and gutter needs to be installed in single family areas with future
driveways.
The biggest issue of concern regarding streets is the fact that additional right-of-way must be
dedicated along 30th Street North to ensure a minimum boulevard width of 16 feet is provided along
the entire length of the plat. In addition to the right-of-way, a 10 foot utility corridor must also be
reserved for small utilities. The proposed stormwater facilities cannot encroach into this utility
corridor.
Utilities – Municipal Water Supply and Municipal Sanitary Sewer. Public water and sanitary
sewer service will be extended to the site with the development of Northport. The preliminary plans
will need to include detailed utility construction plans that meet City engineering standards.
Environmental Review. The proposed development is within the Village Alternative Urban Area
Wide Review (AUAR), which was completed in order to address the expected cumulative
environmental impacts associated with the anticipated growth and development within the Village.
Storm Water Management. The general drainage system should mimic the natural topography of
the site in order to ensure a drainage system that provides positive stormwater drainage across the
development. The proposed development area resides within the Valley Branch Watershed District
(VBWD). City staff recommends early planning/coordination meetings with VBWD. The design of
the storm water management systems must be compliant with the requirements of the State, VBWD,
the City of Lake Elmo Storm Water Management Ordinance, and the City of Lake Elmo design
standards manual. The applicant is advised to fully read and comprehend the City’s storm water and
erosion control ordinance since these standards are different, and in some cases more stringent, than
the watershed district.
The storm water facilities must be platted as Outlots and deeded to the City for maintenance purposes
and must fully incorporate the 100-year High Water Level, 10 foot maintenance bench and all
maintenance access roads. The storm water ponds will not be allowed to encroach on to adjacent
private lots. The storm sewer system shall be designed to maintain the City standard minimum pipe
cover of 3.0 feet, and drain tile is required as part of the City standard street section at all localized
low points in the street. All storm sewer pipe easements must be a minimum of 30 feet in width. No
drainage and utility easement is shown for the storm sewer pipe along the Lot 5 and Lot 6 property
line. It is likely that more land will need to be allocated for stormwater management. The
preliminary grading plan shows pond encroachment on Lots 6 and 7, and additional pond depth will
be required to meet City standards.
Grading restrictions along the Northern Natural Gas easement must be adhered to, and it is unclear
how drainage within the Northern Natural Gas easement will be captured and conveyed to
stormwater facilities. Additionally, Liberty Court drainage must be captured and treated on-site.
Currently, a significant portion of the drainage is shown to be draining to the Northport subdivision,
8
and the stormwater management plan of this subdivision does not account for this additional
impervious surface.
The ultimate discharge rate and location will be an important consideration. The stormwater
management plan will need to address changes to the downstream drainage system to the extent
alterations are proposed. Written permission from properties that are impacted and submitted will be
required as part of the development application.
City Engineer Review. The City Engineer’s review comments are found as part of the attachments
to this report and are incorporated throughout the report.
Airport. The proposed development is not within the Lake Elmo Airport Existing Runway
Protection Zones; however, the Metropolitan Airports Commission will be given the opportunity to
review the proposed development with the Preliminary Plat application. Staff has distributed
adjacent review to the Metropolitan Airports Commission (MAC) as part of the Comprehensive Plan
Amendment request, but has not yet heard back from the MAC.
Lot Dimensions and Bulk Requirements. The proposed sketch plan appears to the meet the lot
dimensions and bulk requirements for the Urban Low Density Residential zoning district, as shown
below:
Standard Required Proposed
Minimum Lot Area 8,000 square feet 9,600 square feet – 36,460
square feet (average of
13,225 square feet)
Minimum Lot Width 60 feet 60-205.5 feet*, **
*See the Access portion of
this report – lot widths of
Lots 7 and 9 may need to be
reduced, possibly not meeting
the 60 foot minimum
standard.
** Lot 8 will have a lot width
of approximately 205.5 feet
of street frontage as the lot
abuts 30th Street North, even
though access will be
provided through the cul-de-
sac of Liberty Court North.
Maximum Impervious
Surface
40% Unknown
Minimum Front Yard
Setback
25 feet Appears to be 25 feet
(grading plan scale not
provided)
9
Minimum Interior
Sideyard Setback
(principal buildings)
10 feet Appears to be 8 feet on both
sides in northerly lots
(grading plan scale not
provided); sideyard setback
averaging has been allowed in
the past
Minimum Interior
Sideyard Setback
(accessory structures)
5 feet N/A
Minimum Corner
Sideyard Setback
15 feet N/A
Minimum Rear Yard
Setback
20 feet All required rear yard
setbacks appear to be met
(grading plan scale not
provided)
Lot Easements. Lot easements (front, rear and side yard) need to be shown on the plan meeting
City requirements.
Northern Natural Gas Easement. A Northern Natural Gas easement runs along the western
side of lots 9 through 13, and bisects lot 8 before getting to 30th Street North. As two large
diameter gas mains are located in the easement, there are heavy restrictions on what can be done
in this area (i.e. no building, creating, constructing, or allowing to be built any hard surface road,
building, or other structure; and no grading or other work without the written consent of
Northern). The City has no ordinance that requires a buildable or even usable backyard, but it is
a fact that should be disclosed to future buyers should this development move forward. Owners
of these lots will likely not be able to have decks, pools, accessory structures, or even
landscaping without prior written consent of Northern. The Applicant should consider the value
of these lots and how they will communicate these restrictions, and will need to demonstrate how
the easement will be delineated within the yards to prevent homeowners from encroaching into
the easement.
Landscaping. The applicant has not provided any details concerning landscaping for the site,
which must be submitted at the time of Preliminary Plat submission and will need to adhere to
the City’s Landscape Requirements. There are a number of existing trees on the property, and the
project will be subject to the City’s tree protection and replacement ordinance. Additionally, it is
recommended that the Applicant provide sufficient landscaping along 30th Street North to
provide a sufficient buffer
COMPREHENSIVE PLAN AMENDMENT
Current Land Use. The property is currently used as a single family detached dwelling and is
currently guided for Rural Single Family Zoning with a Village Open Space Overlay greenbelt
corridor on the southern border of the parcel. This land use has a guided density of 0.66-2 units
10
per acre. The Applicant and owner of the property would like to move the existing house to a lot
to the west of the proposed development, and subdivide the remaining portion of the parcel in to
12 additional parcels.
Proposed Land Use and Density. The Comprehensive Plan Amendment proposes to re-guide
the property to Village Urban Low Density, which will allow a density of 1.5-2-49 units per acre.
The development site is 5.97 acres, and a total of 13 residential lots are being proposed, totaling
a gross density of 2.17 units per acre. There are no wetlands, wetland buffers, public waters, or
other areas that are protected from development by local ordinance on the property, and because
there is no public parkland or protected open space proposed nor arterial road right-of-way, the
net density of the development is expected to also be 2.17 units per acre.
MUSA and Rural Single Family Sewered Land Use Option. The proposed development is
within the Metropolitan Urban Service Area (MUSA), and sewer will be made available through
Northport, the development to the north and east of the proposed development. Areas within the
City that are included in the MUSA must be developed at an average of three units per acre. In
2016, the City created a new land use that is called Rural Single Family – Sewered. This land use
is intended for properties that were platted for conventional subdivision prior to 2005 that have
been (and will continue to be) serviced by private on-site well and septic systems, unless within
the MUSA area. If within a MUSA, the City Council may consider connection to the sanitary
sewer system where practical. While the property does have the option of being re-guided to this
land use category, the density of the proposed development is higher than the allowed density
within the Rural Single Family land use category (0.66-2 units per acre), and so this land use
would be inappropriate for this proposed development. If the property were to re-guide to Rural
Single Family Sewered, the smallest the lot sizes allowed would be 24,000 square feet, which
equates to a density of 1.8 units per acre.
Adjacent Land Use. Northport (the development to the north and east of the proposed
development) is guided for Village Urban Low Density. This proposal would essentially be an
extension of the Village Urban Low Density land use that currently exists. Properties to the west
of the proposed development would remain guided for Rural Single Family and are also within
the greenbelt buffer.
Recommended Findings. Staff recommends the following findings in regards to the proposed
Comprehensive Plan Amendment:
1. That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department and
Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Village
Urban Low Density Residential and decreased acreage of Rural Single Family.
b. Updating Map 3-3 – the planned land use map.
3. That the proposed amendments are consistent with the overall goals and objectives of the
Comprehensive Plan in that the Property is within the Metropolitan Urban Service Area.
11
Recommended Conditions of Approval. Staff recommends the following conditions in regards
to the proposed Comprehensive Plan Amendment:
1. Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the
receipt of formal notification from the Metropolitan Council that its review has been
completed and approved.
2. That the Applicant obtain Preliminary Plat approval from the City that meets the following:
a. Required densities of the Village Urban Low Density land use category.
b. Provides a sufficient Greenbelt Corridor as indicated in the Comprehensive Plan and
approved by the City.
c. Provides a usable rear yard for lots in which the Northern Natural Gas Company
Easement (Document 384029) (“Northern Easement”) is located, as determined by the
City; or receives approval from the City for required rear yards for lots in which the
Northern Easement is located, in which building, creating, constructing, or allowing to
be built any hard surface road, building, or other structure as well as altering the grade
or permitting such alteration upon which Northern Natural Gas Company has reserved
its Easement rights without the written consent of Northern.
d. All other applicable standards including but not limited to City Engineer Design
Standards, Valley Branch Watershed District requirements, and zoning standards.
Planning Commission Review. The Planning Commission reviewed the proposed Subdivision
Sketch Plan and Comprehensive Plan Amendment at its meeting on November 13, 2017 and had the
following comments in regards to the proposed subdivision sketch plan:
• They saw issues with the proposed greenbelt corridor and felt that additional width or
extensive landscaping was needed for the proposed subdivision.
• They saw definite issues with proposed location of the lots on the west of Liberty Court that
are in conflict with the Northern Natural Gas Easement. They wished to see these lots have a
usable backyard.
• The Comprehensive Plan Amendment made sense in that the subject property is adjacent to
the V-LDR district and in the MUSA.
The Planning Commission recommended approval of the proposed Comprehensive Plan Amendment
with a vote of 7-0.
FISCAL IMPACT:
There would be no fiscal impact to the City at this time, as the developer would be required to pay
for any amendments needed to accommodate the increase in REC units. Concept Plan approval
does not afford the applicant development rights. When the property develops, it will have urban
services and will pay sewer and water connection charges, building permit fees and the like.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the proposed
Comprehensive Plan Amendment to re-guide PID# 13.029.21.43.0001 from Rural Single Family to
Village Urban Low Density, based on the recommended findings and conditions of approval.
12
“Move to recommend approval of the proposed Comprehensive Plan Amendment to re-guide PID#
13.029.21.43.0001 from Rural Single Family to Village Urban Low Density, based on the
recommended findings and conditions of approval.”
Staff is recommending that the Planning Commission accept the Sketch Plan provided by JP Bush
Homes for a 13 unit single family detached residential development of PID#13.029.21.43.0001.
ATTACHMENTS:
1. Application Forms
2. Narrative
3. Preliminary Grading and Drainage Plan
4. Subdivision Sketch Plan
5. City Engineer Review Memorandum 10/20/2017
6. Resolution 2017- Approving the Proposed Comprehensive Plan Amendment
PAGE 1 of 2
MEMORANDUM
Date: October 20, 2017
To: Emily Becker, Planning Director Re: McLeod Residential Subdivision
Cc: Chad Isakson, Assistant City Engineer Concept Plan Review
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the McLeod Residential Subdivision Concept Plan. The submittal
consisted of the following documentation received on October 13, 2017.
Residential Concept Subdivision dated October 11, 2017 and prepared by Landmark Surveying, Inc.
Preliminary Grading and Drainage Plan dated October 13, 2017 and prepared by PLOWE Engineering.
Comprehensive Plan Amendment Narrative dated September 15, 2017.
We have the following review comments:
All public improvements constructed to support the development must be designed and constructed in accordance
with the City Engineering Design Standards Manual available on the City website dated March, 2017.
SITE PLAN AND TRANSPORTATION
Access Management. The Concept plan shows access to the plat from the Northport subdivision along
Liberty Court. This access was pre‐planned with the adjacent subdivision and preserves the proper access
management along 30th Street North.
Right‐of‐way dedication. The Plat must dedicate additional right‐of‐way along 30th Street North to ensure
a minimum 30th Street boulevard of 16 ft. along the entire length of the plat. In addition a 10 ft. utility
corridor must be reserved (at boulevard grades) for small utilities. The proposed Stormwater facilities
(including the 100‐year HWL) cannot encroach the 10 ft. utility corridor.
Screening along 30th Street is recommended. The south boundary of the subdivision is along the north
boulevard of 30th Street North and proposes two storm water ponds connected by a drainage swale. It is
recommended that additional space be allocated at elevations higher than 30th Street to create a
vegetative buffer between the lots and this collector street.
More land area is likely needed to be allocated for storm water management. The preliminary grading plan
already shows pond encroachment onto Lots 6 and 7. Also, additional pond depth must be provided to
meet City pond construction requirements.
Lots 9‐13 include large areas of gas main easement with 2 large diameter gas mains. There is no useable
rear yard along these lots.
Lot Easements (front, rear and side yard) should be shown on the plans meeting City requirements.
RESIDENTIAL STREETS
Lot 8 is proposed to access Liberty Court with a 20 ft. driveway easement on Lots 7 and 9. It is recommended
that this easement be revised as a 30 ft. minimum width Outlot to be owned by Lot 8.
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
Public street standards. Liberty Court must be designed to meet the City’s Engineering Design Standards. A
60 ft. right‐of‐way width with 28 ft. wide street has been shown as required; and a 60 ft. cul‐de‐sac R/W
radius with 45 ft. cul‐de‐sac pavement radius has been shown as required.
Liberty Court will result in a 510 ft. long cul‐de‐sac, meeting City standards.
The residential maximum longitudinal grade is 6% with a sidewalk.
Surmountable concrete curb and gutter shall be installed in single family residential areas with future
driveways.
Pedestrian facilities: A 6 ft. wide sidewalk has been shown along Liberty Court as required. The City should
review any potential connections to this sidewalk.
Ten (10) foot utility easements are required on either side of all right‐of‐ways.
STORMWATER MANAGEMENT
The site plan is subject to a storm water management plan meeting State, VBWD and City rules.
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.
The general drainage system should mimic the natural topography of the site in order to ensure a drainage
system that provides positive storm water drainage across the development.
Overland emergency overflows or outlets will be required as part of the site plan.
Grading restrictions along the Northern Natural Gas easement must be adhered to as part of the
development plans. It is unclear how drainage within the NNG easement will be captured and conveyed to
the storm water facilities.
Liberty Court drainage must be captured and treated on‐site. A significant portion of the street is shown
draining to the Northport subdivision. The Northport storm water management plan does not account for
this additional impervious areas.
The ultimate discharge rate and location will be an important consideration. The storm water management
plan will need to address changes to the downstream drainage system to the extent alterations are
proposed. To the extent adjacent properties are impacted, written permission from those properties must
be submitted as part of the development applications.
It appears that all storm water facilities (ponds and infiltration basins) have been placed in Outlots. These
Outlots will be deeded to the City for maintenance purposes. The Stormwater Facility Outlots must fully
incorporate the 100‐year HWL, 10 foot maintenance bench and all maintenance access roads.
Maintenance access roads meeting City standards must be provided for all storm water facilities and must
be within Outlots dedicated to the City.
The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.0 feet.
Drain tile is required as part of the City standard street section at all localized low points in the street. Drain
tile considerations may impact the storm sewer design and depth requirements at low points.
Per City requirements all storm sewer pipe easements must be a minimum 30‐feet in width. No drainage
and utility easement is shown for the storm sewer pipe along the Lot 5 and Lot 6 property line.
MUNICIPAL WATER SUPPLY
Municipal water supply is available immediately adjacent to the proposed development along Liberty Court.
The applicant is responsible to extend the municipal water into the development site at developer’s cost.
No trunk watermain oversizing is anticipated for this development.
MUNICIPAL SANITARY SEWER
Municipal sanitary sewer is available immediately adjacent to the proposed development along Liberty
Court. The applicant is responsible to extend sanitary sewer into the development site at developer’s cost.
No trunk sewer oversizing is anticipated.
City Council Resolution 2018-006
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-006
A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION OF PID# 13.029.21.43.0001 FROM RURAL SINGLE FAMILY TO
VILLAGE URBAN LOW DENSITY RESIDENTIAL AND TO AUTHORIZE STAFF TO SUBMIT
A COMPREHENSIVE PLAN AMENDMENT FOR SAME TO THE METROPOLITAN COUNCIL
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to
guide the future physical, social, and economic development of the City; and
WHEREAS, JP Bush Homes, 1980 Quasar Avenue South, Lakeland, MN 55043 (the
“Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a copy
of which is on file in the City Planning Department; and
WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant
along with a Subdivision Sketch Plan Review which includes 10 single-family residential detached
homes on 5.97 acres, and
WHEREAS, the Planning Commission held a public hearing on November 13, 2017 to
consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend approval to the City
Council on the Applicant’s requests; and
WHEREAS, the City Council reviewed the Planning Commission and public comments
regarding the Applicant’s requests at its meetings on November 21, 2017, January 16, 2018,
February 7, 2018, and February 20, 2018; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it is consistent with the spirit and intent of the Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following findings of fact:
FINDINGS
City Council Resolution 2018-006
1. That the Applicant has submitted a request to amend the Comprehensive Plan in accordance
with the procedures as established by the Lake Elmo Planning Department and Lake Elmo
Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Village
Urban Low Density Residential and decreased acreage of Rural Single Family.
b. Updating Map 3-3 – the planned land use map.
3. That the proposed amendments are consistent with the overall goals and objectives of the
Comprehensive Plan in that the Property is within the Metropolitan Urban Service Area.
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings of fact, the
Lake Elmo City Council hereby approves the Applicant’s request to amend the Comprehensive
Plan as follows:
1. Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt
of formal notification from the Metropolitan Council that its review has been completed and
approved.
2. That the Applicant obtain Preliminary Plat approval from the City that meets the following:
a. Required densities of the Village Urban Low Density land use category.
b. Provides a sufficient Greenbelt Corridor as indicated in the Comprehensive Plan and
approved by the City.
c. Provides usable rear yards for lots in which the Northern Natural Gas Company
Easement (Document 384029) (“Northern Easement”) is located, as determined by the
City by maintaining a 20 foot principal building rear yard setback from the Northern
Natural Gas Company Easement.
d. All other applicable standards including but not limited to City Engineer Design
Standards, Valley Branch Watershed District requirements, and zoning standards.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council
hereby authorizes and directs staff to submit a Comprehensive Plan amendment and MUSA
expansion request consistent herewith to the Metropolitan Council for review and approval,
contingent upon the City’s preliminary approval of the plat based on the Subdivision Sketch Plan
as proposed by the Applicant with Revision Date November 20, 2017.
Passed and duly adopted this 20th day of February 2018, by the City Council of the City of Lake
Elmo, Minnesota.
______________________________
Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk
City Council Resolution 2018-006
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-006
A RESOLUTION DENYING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION OF PID# 13.029.21.43.0001 FROM RURAL SINGLE FAMILY TO
VILLAGE URBAN LOW DENSITY RESIDENTIAL
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to
guide the future physical, social, and economic development of the City; and
WHEREAS, JP Bush Homes, 1980 Quasar Avenue South, Lakeland, MN 55043 (the
“Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a copy
of which is on file in the City Planning Department; and
WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant
along with a Subdivision Sketch Plan Review which includes 10 single-family residential detached
homes on 5.97 acres with a proposed density of 1.67 units per acre, and
WHEREAS, the Planning Commission held a public hearing on November 13, 2017 to
consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend approval to the City
Council on the Applicant’s requests; and
WHEREAS, the City Council reviewed the Planning Commission and public comments
regarding the Applicant’s requests at its meetings on November 21, 2017, January 16, 2018,
February 7, 2018, and February 20, 2018; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it would not be in the best interest of the City to allow a Comprehensive Plan
Amendment to Village Urban Low Density Residential, as the proposed development should not
exceed a density of 1.67 units per acre.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following findings of fact:
City Council Resolution 2018-006
FINDINGS
1. That the Applicant has submitted a request to amend the Comprehensive Plan in accordance
with the procedures as established by the Lake Elmo Planning Department and Lake Elmo
Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Village
Urban Low Density Residential and decreased acreage of Rural Single Family.
b. Updating Map 3-3 – the planned land use map.
3. That the proposed amendment would allow a density of 1.5-2.49 units per acre.
4. That the Applicant has also submitted a Subdivision Sketch Plan Review.
5. That the proposed Subdivision Sketch Plan should not exceed a density of 1.67 units per acre,
and the proposed Comprehensive Plan Amendment would allow this density to be exceeded.
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings of fact, the
Lake Elmo City Council hereby denies the Applicant’s request to amend the Comprehensive Plan
by re-guiding PID# 13.029.21.43.0001 from Rural Single Family to Village Urban Low Density.
Passed and duly adopted this 20th day of February 2018, by the City Council of the City of Lake
Elmo, Minnesota.
______________________________
Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk